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2012-02-21 COUNCIL MEETING
AGENDA — WORK SESSION EDINA HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDINA, MINNESOTA COMMUNITY ROOM FEBRUARY 21, 2012 4:30 P.M. Call To Order II. Roll Call III. Redevelopment Authorities: Why Cities Have Housing and Redevelopment Authorities (HRAs) or Economic Development Authorities (EDAs) IV. Comparison of Minnesota Economic Development Authorities (EDAs) and Minnesota Housing and Redevelopment Authorities (HRA's) V. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927- 886172 hours in advance of the meeting. SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS Tues Feb 21 Work Session — HRA 4:30 P.M. COMMUNITY ROOM Tues Feb 21 Joint Work Session - EEC 5:30 P.M. COMMUNITY ROOM Tues Feb 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Feb 28 Joint Work Session With Pln Comm & Grandview Str. Com. 5:30 P.M. FIRESIDE RM — SENIOR CENTER Tues Mar 6 Work Session - Redistricting 5:30 P.M. COMMUNITY ROOM Tues Mar 6 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Mar 19 Annual Boards & Commissions Dinner Meeting 5:00 P.M. HUGHES PV. CENTENNIAL LAKES Tues Mar 20 Work Session — Sports Dome Report 5:00 P.M. COMMUNITY ROOM Tues Mar 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 3 Work Session — 5:30 P.M. COMMUNITY ROOM Tues Apr 3 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 17 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues Apr 17 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS in Apr 23 Annual Volunteer Reception 5:00 P.M. BRAMAR RM WARREN HYDE CLUB HS jes May 1 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues May 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues May 14 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues May 14 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon May 28 MEMORIAL DAY HOLIDAY OBSERVED — CITY Hall Closed F City of Edina ` -� Redevelopment Authorities: 1 Why Do Cities Have : + HRAs or EDAs? :y February 21, 2012 r E) ORSEY- Options Allf F -" — 15k ■ Cities have four governance options for undertaking development and redevelopment activities: ■ Housing and Redevelopment Authority (HRA) ■ City Council /Municipal Development Districts ■ Port Authorities ■ Economic Development Authorities (EDA) ■ Not mutually exclusive HORSEY' z History ■ Port Authorities ■ Port authorities were established in New York and other ocean port centers and the concept spread to river and inland ports. ■ St. Paul establishing its port authority in 1932 Used its port authority as a redevelopment tool, having its statute amended regularly to add new powers and financing mechanisms ■ Over two dozen Port Authorities authorized in MN each with special legislation ■ Powers are often broad including G.O. debt ( 0 C3ORSEY- s History t ■ Housing & Redevelopment Authorities (HRAs) • Federal housing and urban renewal programs grew out of the depression • "Elimination or prevention of development or spread of slums, blighted or deteriorating areas" • Housing Authorities were created nationally, and HRA laws were enacted in Minnesota in 1947 (Hubert Humphrey advocated) ( 0 E>ORSEY' 4 History F _" ■ City Council Powers through Municipal Development Districts ■ In the late 1960's the Minneapolis HRA had 500 employees and independent commissioners who often disagreed with Council priorities ■ The Council convinced the legislature to enact a special municipal development district law that authorized the CITY COUNCIL to carry out housing and redevelopment activities without the HRA ■ In 1970 the authority to create Municipal Development Districts was enacted state -wide ( :) C3ORSEY- 6 History ■- _" v ■ Economic Development Authorities (EDA) ■ In the 1980's, the City of Red Wing, had an HRA and a Port Authority and a City Council, none of which could agree ■ The result was special legislation for Red Wing that provided a new and flexible governance structure for development activities called an Economic Development Authority ■ In 1987, the legislature enacted state wide law allowing cities to create EDA's ) HORSEY- 6 City of Edina HRA IU City of Edina HRA formed to facilitate 50th & France (approximately 1973) City Council serves as HRA Board of Commissioners Originally a separate board, but became somewhat inactive after 50th & France & governance moved to Council 11 Currently meets on "as- needed' basis Administers tax increment districts c MC3RSEY— 7 City of Edina HRA Historically, the City and HRA have facilitated development at- 501h and France Edinborough Mi Centennial Lakes I Grandview Square . _ 00RSEY— 8 HRA Statutory Pourers ■-- -w � • Buy /sell property • Own and operate public facilities • Carry out studies • Issue bonds • Make loans and grants for housing and redevelopment • Carry out federal housing programs • Construct and own housing • Utilize tax increment financing (TIF) • Levy property tax as separate taxing jurisdiction l :) HORSEY' 9 Advantage of E ®A Illu A" ■ Can operate with all HRA powers plus ■ Clearer authority for economic development ■ More flexibility on loans ■ Act as limited partner ■ Authority to establish Development Districts & Economic Development Districts ( ) nORSEY' 10 Governance ■ HRAs and EDAs ■ HRA's and EDA's allow cities to establish separate, quasi - independent public corporations to: ■ Provide the City liability protection ■ Insulate its activities from politics ■ Common for city council to completely comprise membership of EDA and HRA ■ EDAs do require some council representation C i) OORSSY- 11 Statutory Powers F -i"- ■ HRAs and EDAs required to perform duties according to comprehensive plan ■ HRAs and EDAs are NOT authorized to: ■ Use power of eminent domain for economic development ■ Grant land use approvals ( )) C>ORSEY- 12 El Statutory Powers 10- -®- 5 • HRH's and EDA's may only exercise powers in an empowering geographic area ■ May require public hearing • HRH's may establish • Redevelopment Project Area (Edina's main authority utilized in past) • Housing Project (for low income housing) • Housing Development Project (for moderate income housing) • EDA's may establish Economic Development Districts or Municipal Development Districts .) OORSEY- 13 Levies F Aff Ea • HRAs and EDAs may levy a property tax • Edina HRA has not used levy • HRA levy maximum .0185% of taxable market value • Approximately $1.7 million in Pay 2012 • Levied on tax capacity • EDA levy maximum .01813% of taxable market value • HRA traditionally outside of city levy limits • Proposed levy limit bill includes HRAs and EDAs 0 HORSEY' 14 Bonds F -H • HRAs and EDAs can issue revenue bonds • Lease revenue bonds • Pure revenue bonds (expensive) • HRAs and EDAs can obligate their levy as a "G.O." • Limited tax obligation of HRA or EDA • HRAs can issue general obligation bonds with City's consent and pledge • Only for HRA owned housing ( ) C3OFRSEY- 15 Tax Increment ■ The tax increment law is a method of financing utilized by all four development bodies ■ Mechanics of tax increment works exactly the same no matter which development statute is utilized. ■ What expenditures authorized may vary from statute to statute ( ;) HORSEY' 16 Role of City Council and HRA Ci Plannin tY 9 At leas130 days before public HRA provides Agency gives HRA Prepares Redevelopment HRA Prepares hearing Copy of Plan to Wr itten Opinion TIF Plan County Auditor on Plan within Plan and School 30 days _ Board Clerk HRA applies to HRA Applies to City for approval City for Approval City Holds °f Public Hearing Redevelopment on the Plan City Holds Public Hearing City Adopts Resolution with Certain Findings and Notifies HRA of its Decision (within 30 days of HORSEY' City Appproves Plan (within 60 days of With in 60 days application) after latest of HRA sends these request to Coun Auditor County Auditor Certifies Original Net Tax Capacity of TIF District 17 Potential HRA Activities e- HRA Files Plan with State HRA Responsible for Annual Centennial Lakes TIF District • HRA is the Authority • Empowering geographic area is Southeast Redevelopment Project Area • Expansion to Project Area being considered Why? To allow the HRA to use tax increment from the Centennial Lakes District for redevelopment projects otherwise approved by the City Council in the future i I OORSEY" 18 Potential HRA Activities Southdale Remodel ■ Authorized under HRA statutes ■ Loan of tax increment from Centennial Lakes District to Simon Properties Southdale is within current boundaries of Southeast Edina Redevelopment Project Area >.) HORSEY' 19 Discussion C )) HORSEY' 20 COMPARISON OF MINNESOTA ECONOMIC DEVELOPMENT AUTHORITIES (EDAs) AND MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITIES (HRAs) Prepared By: Dorsey & Ehlers (with source information from Holmes & Associates, Ltd.) THE Subject I EDA ENTITY I Statute I HRA Statute Nature of Entity: A public body, corporate and politic; a 469.091 (2) A public body, corporate and politic. 469.003(l) political subdivision of the State. How Established: Enabling Resolution of the City Council after 469.091 Exists in each City, subject to Council 469.003 public hearing and activation by adopting findings of blight or 469.093 housing shortages; State filings required. Liability: Officers and employees not liable for 469.1081 Officers and employees not liable for contracts, 469.014 contracts, torts not committed or authorized by torts not committed or authorized by them, or them, or discretionary actions, subject to discretionary actions, subject to Chapter 466. Chapter 466. Budgets & Must send budget to City annually; Must 469.100 Must keep accurate financial records and submit 469.013 Accounting: maintain financials consistent with City annually to Commissioner of Employment and system and file with City annually; State Economic Development, State Auditor and City; Auditor may do legal compliance audits. State Auditor audits public housing and may rform legal com liance audits. GOVERNANCE Subject EDA Statute HRA Statute City Council Must establish the authority. 469.091(l) Activates authority. 469.003 Controls: 1) Imposes Enabling Resolution restrictions. 469.092(3) Approves mayoral appointment of 469.003(6) Commissioners. Receives annual report on 469.092(3) Determines if Council Commissioner term 469.003(6) Enabling Resolution. is coterminous with Council term. Divides responsibility for powers 469.094 Removes Commissioners for cause. 469.010 and projects. Comparison of Minnesota EDAs and HRAs • • • Comparison of Minnesota EDAs and HRAs GOVERNANCE Subject EDA Statute HRA Statute Approves mayoral appointment of 469.095(l) Approves housing payments in lieu of 469.012 (10) Commissioners. taxes. Establishes Commissioner's compensation. 469.095(4) Approves Federal Section 8 program. 469.012 (10 Removes commissioners for cause. 469.095(5) Approves public housing. 469.016 Determines if Council Commissioner term 469.095(2) is coterminous with Council term. Approves issuance of City 469.102(l) Approves redevelopment plans and 469.028 general obligations. modifications. 469.029(6) Levies tax for EDA purposes. 469.107 Approves acquisition before adoption of 469.028(5) redevelo ment plan. Approves tax levy for HRA purposes. 469.033(6) No. of 3, 5, 7; more if Council members 469.095(2) Up to 7; must be residents of the area of 469.003(5) Commissioners: are Commissioners and Council is operation of the HRA larger. Council Members as Mandatory 1 if 3- member 469.095(2) Not mandatory, but permissive. 469.003(6) Commissioners: authority; 2 if 5 or 7 members; can be all if provided in enabling resolution. Commissioner Six years, unless Council 469.095(2) Five years and Council Commissioner term 469.003(6) Terms: Commissioner term is coterminous with coterminous only if Council so Council term. determines. Officers: President, Vice - President, Treasurer, 469.096(2) Chairperson and Secretary. 469.011(2) Secretary and Assistant Treasurer; May combine, but not President and Vice - President; Secretary and Assistant Treasurer need not be Commissioners. Treasurer's Bond: Twice the amount of money likely to 469.096(6) Not required have on hand, not to exceed $300,000 Comparison of Minnesota EDAs and HRAs Comparison of Minnesota EDAs and HRAs GOVERNANCE Subject EDA Statute HRA Statute Conflict of No financial interest in 469.098 No financial interest in any 469.009(1) Interest;- Commissioner and Employees: a project. No financial interest in any contract which authorized to take part 471.87 contract which authorized to take part in mfg. 469.009(3); 471.87 in making. Commissioner Meeting per diem in an 469.095(4) Meeting per diem of $75.00. No 469.011(4) Compensation: amount determined by City Council; Expenses reimbursed. compensation if (1) a full -time State or local government employee or (2) elected official receiving another per diem for that da ; E112enses reimbursed. POWERS Subject EDA Statute HRA Statute Create Project "Economic 469.01; "Redevelopment projects" if 469.028 Areas: development districts" if 469.174(10) Authority makes findings of the Authority makes the tax increment financing "blight ". "redevelopment district" findings. Buy and Sell Property: Subject to public hearing on 469.101 (2) Subject to public hearing on sale. Must take 469 469 2(le)(1g) sale and taxpayer appeal. 469.105 fair market value into consideration in 469.029 determining price except for 1(vacant, open or undeveloped land or vacated substandard dwellings and 2)land in excess of the HRA's foreseeable needs. Eminent Domain: Subject to strict limitations. 469.101 (2 ) Subject to strict limitations. 469.012 1 Contract with other Yes. 469.101(5) Yes. 469.012 (1e) Governmental Entities: Act as a Limited Partner: Yes. 469.101(6) Silent, except power to acquire "an interest in 469.012(6) property". Comparison of Minnesota EDAs and HRAs • • • POWERS Subject EDA Statute III2A Statute Accept Gifts: Yes. 469.012(2),(9) Yes. 469.012 (1 ) Apply for Foreign Trade Zone Status: Yes. 469.101 (11) Silent. Mix & Match EDA /ElRA Powers Yes. 469.101 (12) No. Own and operate Public Facilities: Yes. 469.101 (13) Yes, but only public parking facilities. 460.012 (18) Act as Agent for other` governmental entities Yes. 469.101 (14) Yes. 469.012 (11) Carry Out Studies: Yes, for economic development. 469.101 (15) Yes, for housing and redevelopment 469.012 (It) Issue general obligation bonds of the City: With City approval. 469.102 For certain HRA -owned housing projects, with City approval. 469.034(2) Issue Revenue Bonds: Yes. 469.103 Yes. 469.034(l) 469.184(8) Issue Bond Anticipation Notes: Yes. 469.101 (19) No. Use of Revenue Bond proceeds for private loans Yes. 469.101 and 469.156 (IDBs) Yes. 469.156 (IDBs) Issue City G. O. Bonds Yes, 2/3 vote of City Council 469.102 Yes, for qualified housing on a limited basis 469.034(2) Comparison of Minnesota EDAs and HRAs a -I$BM = I Subject EDA Statute HRA Statute Make loans for Yes, for economic 469.192 Yes, for housing and 469.192 any purpose of development. redevelopment. the Act: Trade notes, bonds, Yes. 469.101 (22) No. leases, contracts in secondary market: Provide seed or Yes. 469.102 (23) No. venture capital: Advance funds Yes. 469.106 No. for development and redevelopment: Levy Taxes: Up to .01813% of taxable 469.107 Up to .01851% of taxable 469.033(6) market value by City, market value with City with reverse referendum approval, which can be to increase beyond. given for future years. Carry out No. Yes. 469.012 Federal Housing Programs: Construct and Only if part of economic 469.101(2) Yes. 469.012 Own Housing: development. Make "payments in No. Yes, for "housing 469.040 lieu of taxes ": projects" or "housing development projects." Comparison of Minnesota EDAs and HRAs POWERS Subject EDA Statute HRA Statute Housing Interest No. Yes. 469.012(7) Reduction Commercial No. 469.184 Only as an agent of the 469.184 Rehabilitation City as authorized by Loans: - City. Housingdown No. Yes. 469.012 (13) payment assistance loans and grants: Exemption from No general public 469.105(4) Yes, for public 469.015(4) PublicBidding: bidding requirements housing, certain for EDAs listed in parking facilities and statutes. Public certain HRA -owned bidding for sale of housing. property unnecessary if negotiated private sale that is in the City's interests and furthers the EDA's general plan of economic development. Utilize Tax Yes, for purposes of 491.176(4) Yes, for purposes of 69.176(4) Increment EDA Act. HRA Act. Financing: Comparison of Minnesota EDAs and HRAs AGENDA — WORK SESSION CITY COUNCIL AND ENERGY AND ENVIRONMENT COMMISSION CITY OF EDINA, MINNESOTA COMMUNITY ROOM FEBRUARY 21, 2012 5:30 P.M. Call To Order II. Roll Call III. Recycling & Solid Waste Working Group A. Residential Recycling Contract RFP B. Organized Hauling C. City Park Recycling Bins Task Force Update IV. Turf Management Task Force Report V. Purchasing Policy VI. No Idling Signage Report VII. 2012 and 2013 EEC Work Plan VIII. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927- 886172 hours in advance of the meeting. SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS Tues Feb 21 Work Session — HRA 4:30 P.M. COMMUNITY ROOM Tues Feb 21 Joint Work Session - EEC 5:30 P.M. COMMUNITY ROOM Tues Feb 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Feb 28 Joint Work Session With Pln Comm & Grandview Str. Com. 5:30 P.M. FIRESIDE RM — SENIOR CENTER Tues Mar 6 Work Session - Redistricting 5:30 P.M. COMMUNITY ROOM Tues Mar 6 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Mar 19 Annual Boards & Commissions Dinner Meeting 5:00 P.M. HUGHES PV. CENTENNIAL LAKES Tues Mar 20 Work Session —Sports Dome Report 5:00 P.M. COMMUNITY ROOM Tues Mar 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 3 Work Session — 5:30 P.M. COMMUNITY ROOM Tues Apr 3 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 17 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues Apr 17 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS on Apr 23 Annual Volunteer Reception 5:00 P.M. BRAMAR RM WARREN HYDE CLUB HS ues May 1 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues May 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues May 14 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues May 14 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon May 28 MEMORIAL DAY HOLIDAY OBSERVED — CITY Hall Closed City of Edina: RFP Proposed Framework III. A. Purchasing of New Recycling Services Draft as of 2 -16 -12 City of Edina Proposed Framework for Residential Recycling Services Request for Proposals (RFP) The document provides a summary of the most important recycling contract service elements and process for the upcoming request for proposals. Statement of Goals The goals of the City are to: 1. Maximize the fullest recycling possible from all residents in the City, and 2. Achieve the most cost effective and environmentally sound integrated waste management system possible. Scope of Services The City intends to contract for recycling services that continue with a minimum of the same basic, residential recyclables collection system as it exists today. • Curbside recycling *; The four service elements the contractor will provide: • Collection; • Processing; • Marketing of processed materials; and • Public education. * Note: The City will solicit proposals for both the "two — stream" and the "single stream" method of curbside recycling. The dual -stream system has been in place in Edina for many years, has a high level of acceptance and compliance by City residents, and is based on clear instructions for residents to sort and set out their recyclables in two categories of materials: • Rigid containers (such as cans and bottles) separated from • Paper items (such as newspapers, cardboard, magazines, junk mail). • #3 - #5 plastics will be added to conform with Hennepin County's requirement for SCORE funding Implicit in the RFP is the preference of co- collection of yard waste with organics collection. Hence, organic collection would be accomplished on a subscription basis as part of the resident's solid waste service as opposed to being included in the recycling contract on a mandatory basis with charges for the service on the resident's water bills. New RFP Provisions 1. Revenue Sharing with net zero language - Provide at least one of the following options, or both options: a. % of revenue shared beyond processing (City will not be responsible for payment for processing fees). b. Dollar amount per ton. c. Other Based on 11 -26 -2008 draft by DKA and Recycling and Solid Waste Working Group City of Edina: RFP Proposed Framework III. A. Purchasing of New Recycling Services Draft as of 2 -16 -12 2. Bid scenarios: Dual Sort or Single Sort; Indicate collection frequency. Current 18 gal curbside bins are owned by the City. However if a change of service to a wheeled cart with lid (30, 60, 90 gal), provide option 1) carts owned by City and 2) carts owned by Contractor indicate size of cart and cost per cart size 3. Indicate cost to purchase carts at the end of the contract. 4. Option for a special curbside collection of electronics on a fee basis by invoicing the resident directly. The hauler and any of its subcontractors shall have a duty to convey the electronics to the appropriate facility permitted to recycle such materials. And indemnify the city from any liability from not recycling, or incorrectly recycling such electronics. 5. Monthly certification disclosure documenting end markets for each category of recyclable commodity. 6. Contractor will certify that all recyclables collected in the City are not landfilled or incinerated. M.S. I I5A.95 prohibits the unapproved disposal of separated recyclable materials. 7. Provide annual millage loss report on all commodities. The recovery rate will be shared with the community. 8. Include incentives /penalties (need guidance from consultant if possible) that encourage the use of recyclables in manufacturing processes that make products that close the loop and can be repeatedly recycled, or otherwise repeatedly reused. 9. Any automated system of cart collection (arm) must provide a monitoring system (e.g., mirror or video camera) for monitoring the quality of materials such that a Notice of Improper Set -Out is loged and reported to the resident. If the notice is generated more than once in any quarter, the resident is reported to the City for additional education. 10. After receipt of contractor's annual report, contractor shall hold an annual meeting with the city to discuss contractor's performance, trends in recovery rate and participation, efforts to expand recyclable markets, summary of market trends, contractor recommendations for improvements in city recycling program, staff recommendations for improving contractor's service 11. Contractor shall dispose of no more than 5% of materials (by weight) as process residuals as part of the Materials Recycling Facility (MRF) operations. 12. Contractor shall not Not Knowingly export #3 - 47 commodities to a foreign market, or to any entity which does so. 13. If Contractor asks to renegotiate the price increase during the term of the contract, City has the option of doing so with a new RFP. Thus, a one year notice must be given by contractor to City 14. If a change is made from dual to single sort: a. City will control the time of year for the changeover. b. Initial cart delivery cost will be borne by the vendor. At the customer's option, a larger or smaller cart will be provided after a trial period c. Disposition of current City owned green bins — Must include a provision to reuse or recycle, or allow customers to keep the bins at the customer's option. 15. Explain methodology for determining weight of recyclable commodities by material type. Proposed RFP Process and Schedule (tentative) Based on 11 -26 -2008 draft by DKA and Recycling and Solid Waste Working Group City of Edina: RFP Proposed Framework III. A., Purchasing of New Recycling Services Draft as of 2 -16 -12 The City's process for its request for proposals (RFP) for curbside and drop -off recycling services will follow the following schedule * * *: 1. The Recycling and Solid Waste Working Group recommends a Request for Proposal for Residential Recycling Collection draft Proposed Framework at the 2 -2 -12 meeting, which will be forwarded to the Feb. 9, 2012 Energy and Environment Commission. 2. February 6, 2012, mail notice to haulers regarding upcoming RFP and request hauler to notify their intent to participate in the RFP by February 15, 2012 3. February 6 -15, 2012, Consultant and staff work on updating 2009 RFP. 4. Wednesday, February 15 -16, 2012 Chair person review updates 5. Friday, February 17 release Draft RFP via PDF to intent haulers for review and comments to designated staff. 6. Tuesday, Feb. 21, 2012, Comment period closes on Draft RFP. 7. Tuesday, Feb. 21, 2012 - City Council Work Session to discuss the recommendations of Staff, the EEC and RSW Working Group for the RFP Proposed Framework. 8. 3 -1 -11 Consultant to update 2009 RFP per Proposed Framework and present to Recycling and Solid Waste Working Group (RSW) meeting with consultant to review and consider haulers comments.. RSW to approve RFP as final with proposed changes.. 9. 3 -8 -12 Energy and Environment approve recommendation from RSW to release RFP. 10. March 14, 2012 submit notice for publication to Edina Sun Current regarding RFP 11. March 22 & 29, 2012 Publish notice in Sun Current. Mail RFP to intent haulers. 12. Tuesday, April 10, 2012, Intent haulers questions for RFP clarification due. 13. April 11 or 12, 2012, written response to all intent haulers regarding clarification on RFP. 14. Wednesday, April 18, 2012, 4:00 p.m. DEADLINE for proposal submission. 15. Thursday, April 19, 2012, proposal review committee to receive proposals, review and weighing sheets. 16. Monday, April 23, 2012 Deadline for proposal review committee to submit review forms to staff. 17. Tuesday, April 24, 2012, consultant to compile reviews and determine best value proposal. 18. Friday, April 27, 2012 best value proposal recommendation for RSW packet 19. Thursday, May 3, 2012 review and approve recommendation to award RFP 20. Friday, May 4, 2012 packet for EEC includes recommendation to award RFP 21. Thursday, May 10, 2012, EEC meeting to approve recommendation to award RFP 22. June 5 or 19 Council meeting. Proposal review committee presents its summary report of proposal evaluations and recommended rankings to the City Council. City Council accepts or modifies proposed rankings and authorizes appropriate City Officers to negotiate recycling services contract with top ranked Proposer(s). City staff negotiate recycling contract with top ranked Proposer. July, 2012 23. City staff presents a draft final contract(s) to the City Council for review and approval. July 17, 2012 * * * Note: These dates are approximate and conservative. Restricted Communications Based on 11 -26 -2008 draft by DKA and Recycling and Solid Waste Working Group City of Edina: RFP Proposed Framework III. A. Purchasing of New Recycling Services Draft as of 2 -16 -12 Once the RFP is released and until the final contract is executed, all Proposers shall restrict all communications Solely to the designated City staff contact person listed in the RFP. All contact by prospective Proposers, their agents, and other interested parties about the City's RFP and procurement decision - making must only be made solely through the designated City staff contact person. Other communications during this period may result in the offending Proposer being disqualified from further consideration. Proposal Evaluation Criteria The RSW Working Group met on February 2, 2012 to further discuss and refine its recommended priorities for the RFP proposal evaluation criteria. The following represents the current status of the results of these discussions with the RSW Working Group. The proposal review committee will objectively evaluate the proposals submitted to determine the best value and environmental benefits for the City and its residents. Best value determinations will consider all evaluation criteria, including opportunities for longer -term and/or systemic improvements. The follow four evaluation criteria categories are listed in proposed priority order with the 2009 RFP weightings as determined by the City Council and revised by the RSW WG: 1. "Environmental" 40% 2. "Economic" 40% 3. "Education" 15% 4. "Qualifications" 5% Each of these four evaluation criteria categories are further defined below. Examples of specific means of defining each of these categories are included below, but the sub - category bullets are not listed in any special order. Environmental, including consideration of which proposals have the best relative value to the City and residents as determined by (not in any special order): • Which proposal allows residents to recycle the most materials (e.g., list of targeted recyclables, recovery rates, participation rates, tons collected)? Indicate residual rate at the MRF as well as the residual rate as well as at the mills. • Which proposal generates the least amount of process residuals, i.e. trash? Based on this estimate, what is. the net amount of tons actually recycled to end markets? • Which proposal directs recyclables to manufacturing processes that make products that close the loop and can-be repeatedly recycled, or otherwise repeatedly reused. a Which has the greatest percent of glass to glass recovery. • Which has the greatest truck efficiencies. • Which collection method emits the least pollution? This may include use of CNG. a What are the glass end markets actually utilized (e.g., percent by application and corresponding values)? • Which proposal and company has the least greenhouse gas emissions? What innovations does the company offer to increase recycling rates? Economics, including consideration of which proposals have the best, net relative value to the City and to residents as determined by (not in any special order): a The proposed price of the recycling services (e.g., $ per household saved per month). Based on 11 -26 -2008 draft by DKA and Recycling and Solid Waste Working Group City of Edina: RFP Proposed Framework III. A., Purchasing of New Recycling Services Draft as of 2 -16 -12 • The proposed percentage of revenue sharing to the City (e.g., as measured by the actual estimated dollar amount of annual credit back to the City). • Longer -term cost implications (e.g., longer -range revenue sharing, proposed escalators, fuel surcharges). Education, including consideration of which proposals have the best relative value to the City and to residents as determined by (not in any special order): • Innovations proposed to improve public education to increase awareness about recycling to all City residents. • Innovations proposed to improve public education to increase the quantity of recyclable materials collected. • Innovations proposed to improve public education to improve the quality of the recyclable materials collected. • A minimum of 4 educational pieces shall be distributed to each household annually, as for example with the recycling bill. Qualifications, including consideration of which proposals have the best relative value to the City and to residents as determined by (not in any special order): • How have the proposals been tailored to meet the particular needs of the City of Edina. • Strength of qualifications of the Proposers (together with any proposed subcontractor(s). • Comments from the Proposers' reference clients. • Responsiveness of the Proposers to all other provisions of this RFP. Based on 11 -26 -2008 draft by DKA and Recycling and Solid Waste Working Group Single Sort — 129,704 households (38 %) Dual Sort — 52,809 households (15 %) Single .& Dual Sorts — 55,096 households (16 %) 3 o More Sorts — 105,569 households (31 %) Brooklyn:Center Minnetonka Champlin Bloomington Minneapolis Corcoran Eden Prairie Rockford Brooklyn Park Minnetonka Beach Dayton Richfield Crystal - Minnetrista Edina. St. Anthony Deephaven Mound Excelsior Golden Valley. New Hope Hassan Twsp. Greenfield Osseo �. Greenwood Plymouth Hanover Robbinsdale Hopkins Spring. Park Maple Grove Tonka Bay Medicine Lake Woodland Minnetonka Independence Long Lake. Loretto Maple Plain Medina Orono Rogers Shorewood St. Bonifacius St. Louis Park Wayzata S.ingle Sort Ben Li Collection easy &convenient —less sorts, cart to wheel materials to curb � According to national studies, results in higher CD participation rates Li To hauler. - � Lower collection costs 0 Collects 8% more material than cities with dual sort method, 28% more than cities with 3 or more sorts in Hennepin County Siongle Sort Challenges, increased- contamination results in higher Li Lower value, lower ,. I national studies Increased Costs more household single sort programs County Recycling Costs by Sort Method Contracted Collection Cost per Year Low, Average, and High - .$7.0.00 - High - $60.00 $63:96 ° '$50.00 - - $40.00 .Average - $34.93 High -_ $34.32 Minneapolis - $30.00 Average- $34:80 Low - $27.98 $20.00 - -- - $23.16: = Low - Rockford- $20.04 $18.00 $1-0.00 ' Single sort J ` Dual stream 3 or more Recycling Performance by Sort Method Pounds per Household per Year Low, Average, and High High — 797 Ibs /yr Average — 551 Ibs /yr Low — 381 Ibs /yr High — 756 Ibs /yr Average — 512 Ibs /yr Low — 336 Ibs /yr e W 700 Minneapolis —600 435 Ibs /yr 500 *•, Rockford— 400 422 Ibs /yr ' 300 Low Single sort Dual stream 3 or more sorts Single Sort Recycling Advantages &Disadvantages Advantages Disadvantages • Collection Cost Savings Initial Capital Costs for: • Customer Convenience —ease in home • New Carts, and at curb • Different Collection Vehicles, • Potential Increased Customer Participation • Processing Facility Equipment • Potential Gross increase in Materials Education of Residents; Collected 0 Processing and Overall Contract Costs • Potentially Higher Diversion Rates may Increase • Reduced Worker Compensation Claims p Potential Reduced Commodity Prices from Contamination • Potential for Adding More Material Types Increased "downcycling" of paper • Shorter Stops and Every -Other Week Increased Residual Rates Collection — Less Wear and Tear and Potential for Less Net Material Fuel Savings Recovery • Fuel Savings ■ Can Lead to Public Confusion — Blurring • Competitive Advanta e for Providers ?Marketable the Lines Between Garbage & Recycling this Service �ery ice Competitive Disadvantage for Small • Less Litter Haulers Unable to Offer Single Sort Difficult to Go Back • Potential Reduced Personal Commitment to Recycling f! H.F. No. 2063, as introduced - 87th Legislative Session (2011 -2012) Posted on Feb 01, 2012 1.1A bill for an act See https: / /www. revisor.mn.gov/ bin /bldbill.php? bill= H2063.0.html &session =ls87 1.2relating to solid waste; amending process for cities to implement organized 1. collection of solid waste; amending Minnesota Statutes 2010, section 115A.94, 1.4subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2010, 1.5section 115A.94, subdivision 4. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2010, section 115A.94, subdivision 2, is amended to read: 1.8 Subd. 2. Local authority. A city or town may organize collection, =Pbl;e 1.9netifir-at+en as requiFed provided in sub-d+v+sien 4 subdivisions 4a to 4c. A county may 1.10organize collection as provided in subdivision 5. 1.11EFFECTIVE DATE. This section is effective the day following final enactment. 1.12 Sec. 2. Minnesota Statutes 2010, section 115A.94, is amended by adding a subdivision 1.13to read: 1.14 Subd. 4a. Committee establishment. (a) Before implementing an ordinance, 1.15franchise, license, contract, or other means of organizing collection, a city or town, 1.16bv resolution of the governing body, must establish an organized collection options 1.17committee to identify, examine, and evaluate various methods of organized collection. 1.18The governing body shall appoint the committee members. 1.19(b) The organized collection options committee is subiect to chapter 13D. For the 1.20purposes of this section, "governing body" of a town means the board of supervisors. 1.21EFFECTIVE DATE.This section is effective the day following final enactment. 2.1 Sec. 3. Minnesota Statutes 2010, section 115'A.94, is amended by adding a subdivision 2.2to read: 2.3 Subd. 4b. Committee duties. The committee established under subdivision 4a shall: 2.4(1) determine which methods of organized collection to examine, which must 1 2.60) a system in which a single collector collects solid waste from all sections of 2.7a city or town; and 2.800 a system in which multiple collectors, either singly or as members of an 2.9organization of collectors, collect solid waste from different sections of a city or town; 2.10(2) establish a list of impacts on which the organized collection methods selected 2.11for examination will be evaluated, which may include: costs to residential subscribers, 2.12miles driven by collection vehicles on city streets and alleys, initial and operating costs 2.13to the city of implementing the organized collection system, providing incentives for 2.14waste reduction impacts on solid waste collectors, and other physical, economic, fiscal, 2.15social, environmental, and aesthetic impacts; 2.16(3) collect information regarding the operation and efficacy of existing methods of 2.17organized collection in other cities and towns; 2.18(4) seek input from, at a minimum: 2.19(1) the governing body of the city or town; 2.2000 the local official of the city or town responsible for solid waste issues; 2 21(iii) persons currently licensed to operate solid waste collection and recycling 2.22services in the city or town; and 2.230v) residents of the city or town who currently pay for residential solid waste 2.24collection services; and 2.25(5) issue a report on the committee's research, findings, and any recommendations to 2.26the governing body of the city or town. 2 27EFFECTIVE DATE. This section is effective the day following final enactment. 2.28 Sec. 4. Minnesota Statutes 2010, section 115A.94, is amended by adding a subdivision 2.29to read: 2.30 Subd 4c Governing body; implementation. The governing body of the city or 2 31town shall consider the report and recommendations of the organized collection options 2 32committee The governing body must hold at least one public hearing before deciding 2 33to implement organized collection. Organized collection may begin no sooner than six 2 34months after the effective date of the decision of the governing body of the city or town to 2.35implement organized collection. 3 1EFFECTIVE DATE. This section is effective the daV following final enactment: 3.2 Sec. 5. Minnesota Statutes 2010, section 115A.94, subdivision 5, is amended to read: 3.3 Subd. 5. County organized collection. (a) A county may by ordinance require 3.4cities and towns within the county to organize collection. Organized collection ordinances 3.5of counties may: 3.6(1) require cities and towns to require the separation and separate collection of 3.7recyclable materials; 3.8(2) specify the material to be separated; and 3.9(3) require cities and towns to meet any performance standards for source separation 3.10that are contained in the county solid waste plan. 3.11(b) A county may itself organize collection under subdivusien 4 subdivisions 4a to 4c 3.12in any city or town that does not comply with a county organized collection ordinance 3.13adopted under this subdivision, and the county may implement, as part of its organized 3:14collection, the source separation program and performance standards required by its 3.15organized collection ordinance. 3.16EFFECTIVE DATE. This section is effective the day following final enactment. 3.17 Sec. 6. REPEALER. 3 18Minnesota Statutes 2010 section 115A.94, subdivision 4, is repealed. 3 19EFFECTIVE DATE This section is effective the day following final enactment. House Authors Greiling ; Scalze ; Wagenius ; Kahn; Hausman; Laine ; Persell ; Liebling ; Mullery ; Slocum Short Description Solid waste organized collection implementation process amended for cities. HOUSE Actions SENATE Actions Top Date Action Description / Committee Text Page Roll Call 02/01/2012 Introduction and first reading, referred to Finance Intro 5422 02/08/2012 Author added Slocum 5482 3 Environment, Energy and Natural Resources Policy and S.F. No. 1810, as introduced - 87th Legislative Session (2011 -2012) Posted on Feb 10,'2012 r 1.1A bill for an act See https: / /www.revisor.mn.g6v/ bin /bld,bill.php ?bill= S1810.O.html &session =ls87 1.2relating to solid waste; amending process for cities to implement organized 1.3collection of solid waste; amending Minnesota Statutes 2010, section, I15A.94, 1.4subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes2010, 1.5section 115A.94, subdivision 4. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2010, section 115A.94, subdivision 2, is amended to read: 1.8 Subd. 2. Local authority. A city or town may organize collection,;: .9netofieatm ,., as reou+Fed provided in subdivision 4subdivisions 4a to 4c. A county may 1.10organize collection as provided in subdivision S. 1.11EFFECTIVE DATE. This section is effective the day following final enactment. 1.12 Sec. 2. Minnesota Statutes 2010, section 115A.94, is amended by adding a subdivision 1.13to read: 1.14 Subd 4a Committee establishment. (a) Before implementing an ordinance, 1 15franchise license contract or other means of organizing collection, a city or town, 1 16by resolution of the governing; body must establish an organized collection options 1 17committee to identify, examine and evaluate various methods of organized collection. 1 18The governing body shall appoint the committee members. 1.19(b) The organized collection options committee is subject to chapter 13D. For the 1 20purposes of this section "governing body" of a town means the board of supervisors. 1 21EFFECTIVE DATE This section is effective the day following final enactment. 2.1 Sec. 3. Minnesota Statutes 2010, section 115A.94, is amended by adding a subdivision 2.2to read: 2.3 Subd. 4b. Committee duties. The committee established under subdivision 4a shall: 2.4(l) determine which methods of organized collection to examine, which must 2.5include: 4 Iti 2.60) a system in which a single collector collects solid waste from all,sections of 2.7a city or town; and 2.860 a system in which multiple collectors, either singly or as members of an 2.9organiiation of collectors collect solid waste from different sections of a city or town; 2 10(2) establish a list of impacts on which the organized collection methods selected 2 11for examination will be evaluated which may include: costs to residential subscribers, 2 12miles driven by collection.vehicles on city streets and alleys, initial and operating costs 2 13to the city of implementing the organized collection system providing incentives for 2 14waste reduction impacts on solid waste collectors .and other physical, economic, fiscal, 2.15social environmental, and aesthetic impacts; 2.16(3) collect information regarding the operation and efficacy of existing methods of 2.17organized collection in other cities and towns; 2.18(4) seek input from, at a minimum: . 2.19(1) the governing body of the city or town; 2.2000 the local official of the city or town responsible for solid waste issues; 2 21(iii) persons currently licensed to operate solid waste collection and recycling 2.22services in the city or town; and 2 23(iv) residents of the city or town who currently pay for residential solid waste 2.24collection services; and 2.25(5) issue a report on the committee's research findings, and any recommendations to 2.26the governing body of the city or town. 2 27EFFECTIVE DATE This section is effective the day following final enactment. 2.28 Sec. 4. Minnesota Statutes 2010, section 115A.94, is amended by adding a subdivision 2.29to read: 2.30 Subd 4c Governing body; implementation. The governing body of the city or 2 31town shall consider the report and recommendations of the organized collection options 2 32committee The governing body must hold at least one public hearing before deciding 9 2.33t I o implement organized collection. Organized collection may begin no. sooner than six 2 34months after the effective date of the decision of the governing body of the city or town to 2 35implement organized collection. 3 1EFFECTIVE DATE This section is effective the day following final enactment. 3.2 Sec. 5. Minnesota Statutes'2010; section 115A.94, subdivision 5, is amended to read: 3.3 Subd. 5. County organized collection. (a) A county may by ordinance require 3.4cities and towns within the county.to organize collection. Organized collection ordinances 3.5of counties may: 3.6(1) require cities and towns to require the separation and separate collection of 3.7recyclable materials; 3.8(2) specify the material to be separated; and 3.9(3) require cities and towns to meet any performance standards for source separation 3.10that are contained in the county solid waste plan. 3.11(b) A county may itself organize collection under sub 4 subdivisions4a `to 4c 3.12in any city or town that does not comply with a county organized.collection, ordinance 3.13adopted under this subdivision, and the county may implement, as part of its organized 3.14collection, the source separation program and performance standards required by its 3.15organized collection ordinance. 3.16EFFECTIVE DATE This section is effective the day followinfz final enactment. 3.17 Sec. 6.. REPEALER. 3 18Minnesota Statutes 2010 section 115A.94 subdivision 4, is repealed. 3 19EFFECTIVE DATE This section is effective the day followinp. final enactment. Senate Authors Marty; Goodwin; Kubly ; Latz Short Description Cities solid waste collection process modification and organized collection, committees establishment SENATE Actions HOUSE Actions Top Date Action Description / Committee Text Page Roll Call 02/13/2012 Introduction and first reading Intro 3798 02/13/2012 Referred to Environment and Natural Resources 6 City of Edina Recycling Survey History 2006 City Survey: Edina did a trash removal survey dated Aug. 7, 2006 which found: 56% preferred Dual Sort and weekly pickup 29% preferred every other week Single Sort pickup 15% were undecided 83% were unwilling to pay more for Single Sort 13% were willing to pay more for Single Sort 2007 Pilot Project: March 2007, Edina and Allied ran a pilot project for Single Sort recycling in one neighborhood near Bredesen Park. Four weekly collections were made under the Dual Sort system during January 2007 with 111 total participating households. Four every other week collections were made under the Single Sort system during February and March 2007 with 117 total households participating. Although there were more participants per week in the Single Sort trial, more pounds per household were collected in the Dual Sort trial, such that when you adjusted for residual materials (trash) in each load, the number of pounds collected per week was exactly the same in Dual and Single Sort. This may be because Edina already has a high participation rate of over 90% and a high set out rate such that Single Sort may offer little inducement. One could criticize the pilot project for having only 111 — 117 households in a single neighborhood. A statistically valid survey for a community the size of Edina is 400 households evenly distributed throughout the city. 13 A 2009 Analysis of Waste Collection Service Arrangements Peder Sandhei Minnesota Pollution. Control Agency Typical Municipal Goals ■ "City expresses interest in organizing" because... ❑ Reduce Amount of Truck Traffic &Related N Impacts • Reduce Monthly Cost /Rates per Household • .Improve Program Outcomes &Standardize. Services o Improve Management of Waste According to SWIVI Plans &Hierarchy Minnesota Pollution Control Agency Typical Hauler Goals ■ Haulers generally oppose organizing because... o Haulers want to protect their business m interests • Favor .free market — customer choice • Risk loss of customers, impacts growth, possible impact to company value L3 Raise issue of "Just Compensation /Inverse Condemnation" 0 ' Minnesota Pollution Control Agency Typical Consumer Concerns ■ Some believe open hauling systems lead to lower prices and better service ■ Some maintain a personal relationship with a specific hauling company ■ Some are concerned about environmental issues such as disposal site or the excessive fuel usage /pollution of an open system ■ Some are concerned about dangerous traffic and wear- and -tear on city roads LWVE Slide 09" Minnesota Pollution Control Agency Pros &Cons of Organized System Advantages ■ ■ ■ ■ ■ Increased eff., lower cost Lower traffic impacts Lower fuel consumption Greater control of service requirements Competitive bidding on costs Generate revenues to support other services Disadvantages No .choice of hauler Greater administrative involvement by city Small haulers have barriers to entry Current statutory process for changing is very cumbersome LWVE Slide 00-10 Minnesota Pollution Control Agency Literature review ■ Minnesota has fewer organized communities MN (29 %') vs. Nationwide (72 %2) ■ National literature consistently showed lower cost for organized collection 8 ■ Minnesota studies done between 1993 and 2004 show lower cost for organized collection ■ Organized collection also affects noise, road wear, air emissions &fuel consumption I Barone, Michael. Dec. 2005. "Report on Residential Municipal Solid Waste Collection. City of Eden Prairie, MN. 2 "Summary of Key Results from SERA's 2008 Solid Waste and Recycling Survey. Mar. 2008. Skumatz Economic Research Assoc., Inc. Superior, CO. `; Minnesota Pollution Control Agency Historical Rate Survey Example (2003 -2004 - Falcon Heights Rate Study) City Type 30 Gal 60 Gal 90 Gal Falcon Heights (average of 6 companies) Open $13.59 $15.56 $17.17 Roseville (average of 7 companies) Open $12.85 $14.90 $16.84 Maplewood (average of 9 haulers) Open $12.19 $14.11 $16.08 North St. Paul, 2003 Organized $8.07 $8.86 $10.39 Shakopee, 2004 -2005 Organized $8.60 $10.65 $12.24 Little Canada, 2002 (most recent rates listed) Organized $8.29 $9.77 $11.29 White Bear Lake Organized $7.50 $11.00 $15.00 Stillwater, 3 years ending 12/31/05 Organized $8.16 [$10.06 $12.03 C-' Minnesota Pollution Control Agency Overall Survey - Average Monthly Rates Charged to Residents Collection System Average Monthly Rate 30 Gallon 60 Gallon 90 Gallon $22.64 .$25.4.6 $25.46. Open MSW $14.83 $1 $2_ Organized MSW $7.81 $8.48 $3.23 Difference % Change +34.5% +33.3% +12.7% VMinnesota Pollution Control Agency Comparision of MSW Hauler.Costs Edina Avg $29.95 N N S.L. Park WMg mt $19.21 E. prairie Avg $32.72 Hopkins City $25.60 Charges per. month, including recycling, taxes, and surcharges For a 65 -68 gallon container (yard waste not included except for SLP) This slide was created by LWVE. 011�t - Minnesota Pollution Control Agency Hauler Differences • Rates (teaser rates, community rates) • Service /Personal Touch /Relationship • Disposal Issues (landfill sites, incinerator) ■Organics Recycling (availability) • Local Businesses (preference) • Smaller Trucks (lower noise levels ?) • Availability of Free Yard Waste Cart Minnesota Pollution Control Agency Impact on Roads � City of Falcon Heights attributed the impact of garbage trucks on roads as: ❑ High in alleys (-86% of impact due to garbage trucks) Ej Low in heavily traveled areas (-8% due to garbage trucks) N 2City of Roseville noted $20 to $40 per • household per year from garbage trucks ($188,000 to $376,000) ■ 3City of Oakdale reported an estimate of $120,000 to $300,000 per year ' "Organized Collection Study — Final Report." Oct. 2004. Falcon Heights, MN. z "City of Roseville, Solid Waste and Recycling Report" 2002. Residential Solid Waste and Recycling Advisory Committee. Roseville, MN. 3 "Final Report: Study on Public Collection." Apr. 2002. Ramsey & Washington Counties. Minnesota Pollution Control Agency Factors affecting increased fuel use ■ City of Eagan has one hauler with over a 60% market share resulting in relatively lower relative fuel use N ■ City of St. Paul has the most haulers with relatively lower market shares (highest ~25 %) resulting in higher relative fuel use ■ Fleet Characteristics, Automated Collection, Recyclable Sort Style, Routing Efficiency, etc. Minnesota Pollution Control Agency Percentage of Increased Fuel Use Increased Fuel Use — Existing System vs a Single Hauler for MSW % More Fuel C Ea an Duluth Roch. Wdbr . St.Paul 216% 294% 250% 355% 437% ZMinnesota Pollution Control Agency Conclusions of Study ■ Average monthly household are lower in organized systems vs. open. systems ■ Recycling capture rates are generally. higher in organized (recycling) systems J Road wear, fuel consumption, air pollution, truck traffic, and noise are reduced by organized collection ■ .Private haulers strongly oppose organized collection Minnesota Pollution Control Agency MN Statute on Organizing Process MN Statute Sec. 115A.94, Organized Collection, sets forth the process by which a city may organize collection • Notice of hearing to public /haulers two weeks before scheduled hearing c Public hearing • Governing body must adopt a resolution of intent 180 days before any change • 90 day planning period (must include input from haulers) • 90 day negotiation period with interested, licensed haulers THIS SLIDE PREPARED BY LWVE FROM MPCA STUDY CMinnesota Pollution Control Agency RU;; lJ EXCELLENT . 11626. When you consider the property _ the quality GOOD. taxes you pay and ONLY FAIR ..............60 of city services you receive, 1� would you rate the general value POOR.... of city services as excellent, DON'T KNOW/REFUSED....11% good, only fair, or poor? you favor or oppose an in- FAVOR . 5 o r 27. Would y 360 ' creme in YCiI?t city property tax OPPOSE ; if all increase was needed to main- DON'T KNOW /REFUSED ... . °Z8 F tain city services at their cur- rent level? r IF "OPPOSE," ASK: (n =142) 28. What services would you be willing to see cut to keep property, taxes at their current level? UNSURE, 13 NINE /CUT �WAST 46. pDMIyISTRTTION, fjo ; PARKS AND RECREATION, 4%; ACROSS THE BOARD, 160; SCATTERED, 3%-.- for garbage collection_ . Most �Omm i.i s have one of two systems g g In a multiple collection system, like the City of Edina, residents choose their hauler from several different companies serving the community. Other cities use an Organized collection system, where the City contracts with one hauler for the entire or segments of the city. 29. Would you favor or oppose the City STRONGLY FAVOR........ 11a FAVOR. 269-- of Edina changing from om the cur - �^' 2 rent system in which residents may OTRONGLY•OPPOSE.......160 choose from several different haulers to a system where the City DON'T KNOW /REFUSED .... 27 chooses a hauler for the whole community? (WAIT FOR RESPONSE) Do you feel strongly that way? IF A RESPONSE IS GIVEN, ASK: (n =318) 30. Could you tell me one or two reasons for your decision? WANT CHOICE, 20 %; TIKE CURRENT HAULER, 2216; LESS TRUCK TRAFFIC, 22%; BETTER FOR STREET, 120; LOWER COST WIT'? CHOICE, 150; COMPETITION IS GOOD, 6%; NOT PROPER ROLE FOR CITY, 20; SCATTERED, 2%. Switching focus.... 29 Minutes for Edina Parks Recycling Bin Task Force Meeting Tues., Feb. 7, 11:00, Edina Public Works Building The meeting was called to order at 11:05 am by Chair Dianne Plunkett Latham. Others in attendance were: Staff: Vince Cockriel representing Public Works parks; Donna Tilsner representing the Adopt -A -Park program Absent: Tom Shirley (Centennial Lakes), Tom Swenson (Braemar), and Recycling and Solid Waste Working Group (RSW WG) members Melissa Seeley and Michelle Horan A. General Guidelines for Outdoor Recycling Bins 1.All recycling bins will be paired with trash cans. Recycling bins will be of a uniform design and preferably of a single donor for a given park. 2.Trash cans and recycling bins will be emptied on a daily basis if they are more than % full. 3. Recycling Bin Style — All future bins will be of a blue color so that they are more easily identified, with the exception of Braemar and Centennial Lakes. Vince Cockriel is satisfied with the Dow FilmTech bins at Lewis and Pamela Parks and recommends that style for all parks with the exception of Centennial Lakes and Braemar. Tom Shirley preferred to continue using the trash cans currently in use at Centennial Lakes and will convert up to half of them into recycling bins by replacing the trash hoods with recycling hoods, which read "Cans & Bottles ". Tom Shirley is not interested in using the Dow FilmTech -style bins for Centennial Lakes and is not seeking donations for recycling bins as he is able to pay for the new hoods from his budget. Tom Swenson indicated that Braemar already has quite a few recycling bins and would discuss with Braemar management what style they may want for any new recycling bins that Braemar may need. 4.Recycling Bin Quantity - Adding recycling bins on a one for one basis with the trash cans is discouraged unless volume or distance between trash cans requires it. This is because adding recycling bins adds to labor costs. Trash can hood conversions are preferred instead where feasible. S. Recycling Diversion Rate - An increased trash percentage diversion goal needs to be set for park recycling for Green Step Cities Best Practice 22.2. An increased trash diversion goal of 15% was recommended. 6.Fiscal Partner- All donations will be processed through the Edina Community Foundation (ECF). B. Commodities to be recycled 1.Glass, plastic containers, aluminum cans —All outdoor park locations 2.Paper— It was agreed that little paper is placed in the outdoor recycling bins and that only indoor recycling bins would need to accommodate paper. Occasionally cardboard boxes are placed next to the outdoor trash /recycling bins. Cockriel, Shirley and Swenson agreed to instruct their staff that if cardboard boxes were recovered that they would be brought back and placed in the indoor recycling bins for paper /cardboard. 3.Single Sort Collection Method —At this time it is unknown whether the new municipal RFP, which begins 1 -1- 2013 would result in dual or single sort collection. This was not a problem for the park outdoor recycling bins because bottles and cans were generally all that applied to them. Thus, the outdoor recycling bins would be set up for bottles and cans. 4.Organics — Organics collection will not be available until the new municipal contract goes into effect on 1 -1 -13. The only outdoor locations that will need organic recycling bins in the future are,those near food concessions. This is limited to the Aquatic Center, the Van Valkenburg softball field and the Braemar baseball field. C. Financing 1. New bins from Donors 30 a. Public Works Parks —Vince Cockriel will order blue recycling bins like the Dow FilmTech bins in Lewis and Pamela Park only once per year, in March for the coming season. The recycling bins are approximately $700 each including shipping and having the donor's name applied. Sales tax is not applicable. The . donating organization's name and logo will be on the recycling bins with the exception of Centennial Lakes and possibly Braemar. The donor designation cannot include advertising or memorials. Thus, it could say "Donated by Joe's" or "Donated by the John Doe Family," but not "Eat at Joe's" or "In Memory of John Doe." Edina Community Foundation reports, however, can indicate memorials. Donors can be nonprofit organizations, corporations, or individuals. Vince Cockriel prefers to have uniform bins in a given park; this includes the donor designation and their logo. As a result, the large parks would likely go to larger corporate donors, who could afford to donate all the bins, or at least to a minimum number of donors such as two, if necessary. b. Centennial Lakes - Tom Shirley did not want any donor designations on the Centennial Lakes recycling bins. He will instead purchase new hoods for $160 each from his budget for the Centennial Lakes trash cans, converting up to half of them into recycling bins and then spacing the recycling/trash pairs farther apart. c. Braemar- Tom Swenson is willing to consider adding more recycling bins to Braemar, but needs to talk with Braemar management as to style and funding. Some funding may be available through the Braemar Memorial Fund; he would need to seek approval for that. Tom Swenson was not especially interested in donor designation on the Braemar recycling bins, but does not rule it out; further discussion is needed with Braemar management. 2.New Recycling Hoods for Trash Cans —The first 6 recycling hoods that Tom Shirley ordered for Centennial Lakes had 26.5 inch diameter hoods, but Centennial Lake bins need 27 inch diameter hoods. The recycling hoods have been reordered. Vince Cockriel will test one of the Centennial Lake recycling hoods on his concrete Publi Works park bins. If they fit, Vince Cockriel may purchase some recycling hoods to replace the broken plastic trash can hoods, thus converting some of the concrete Public Works trash cans into recycling bins. Vince Cockriel prefers, however, to find donors for new recycling bins as opposed to getting new hoods for existing trash cans. Consequently, if Vince finds that he has surplus Public Works concrete trash cans, he is happy to give them to Tom Swenson, who would be happy to consider using them at Braemar and obtain new recycling hoods for them. 3. Donor Selection — It is expected that donors for recycling bins will be plentiful. As a consequence, a donor priority order was established as follows: a. Adopt -a -Park Organizations will be given a First Right of Refusal - Vince Cockriel, Donna Tilsner and Dianne Plunkett Latham reviewed the list of Adopt -a -Park organizations on 2 -7 -12 to see if any may be potential donors. They determined that there would be few potential donors from the Adopt -a -Park group given that few were for profit corporations. The only possible donors in the Adopt -a -Park group included the Edina Garden Council for Arneson Park, Scoupy Poop for Van Valkenburg Park, Twin City Orthopedic for Braemar Park, Dow for Lewis and Pamela Parks, and Cummins for Normandale Park. b. Edina Nonprofit Organizations — Nonprofits will be given priority for location preference for those parks where they can afford to donate all of the recycling bins. This is likely to be those parks with singleton, or a smaller number of recycling bins. Edina nonprofits are being given priority in recognition for all the volunteer work they do for our community. Nonprofits would not be charged for the concrete pad under the recycling bin, only for the $700 recycling bin. c. Businesses with an Edina address —These would be given the next preference after non profits and before non Edina businesses. For profit organizations will have the cost of the pad ($50? Vince needs to confirm) added to the $700 donation for the recycling bin. 31 d. A donor application form with list of available bin locations will be designed so that the donors could choose their recycling bin location in the above priority order. Dianne Plunkett Latham will design a sponsorship form based on Michelle Horan's Art Recycling Bin form. D. Specific Park Recommendations 1.Arneson Park - Has 2 outdoor trash cans — Gazebo and daffodil garden. Dianne Plunkett Latham will approach the Edina Garden Council to donate these. 2.Alden Park— Has 2 non standard, square trash cans with U- shaped metal hoods that cannot be replaced with a recycling hood. Vince Cockriel recommend removing one trash can and replacing it with a recycling bin, then pairing the recycling bin and trash can at the tot lot. ' 3.Braemar —There are 24 trash cans in the Courtney Complex. Vince Cockriel is to determine if half of these could have hood conversions, and if not, now many new recycling bins would be needed. Tom Swenson will give an estimate of the number of trash cans and recycling bins currently in use in the golf complex. Most are currently in storage such that he cannot make an exact count until they are removed from storage. Many are permanently on the tee boxes. Most tee boxes have a decorative trash can with a frame for a removable recycling bin attached. When the ground dries Tom Swenson will be able to make a more exact count. Two large blue recycling bins are available outside of the Club House, with a few more miscellaneous outdoor recycling bins there as well. Tom Swenson acknowledges that more recycling bins are needed. He will approach the Braemar Men's Club Memorial Fund for a donation for these after determining Braemar's recycling bin needs. 4. Bredesen — Has a total of 9 trash cans. There are 2 cement trash cans by the comfort station. one has a cracked hood. Vince Cockriel will determine if the cracked hood can be replaced with a recycling hood similar to those at Centennial Lakes. The trash can and the recycling bin with the replaced hood would then be moved together at the comfort station. This would result in 8 trash cans and 1 recycling bin at Bredesen. Because of the distance between the remaining 7 trash cans on the walking paths, 7 more recycling bins may need to be donated. 5.Centennial Lakes — 6 trash can hoods are scheduled to be replaced with recycling hoods. Two will be at the Centrum, 1 at the putting green, 1 at Five Guys at the north end of the park, 1 at McKinnas on the south end of the park, and one in the amphitheater. This results in 35 remaining trash cans plus 6 recycling bins. More recycling bins are needed and Tom Shirley will consider converting more trash cans along the walking path to recycling bins and placing them next to the remaining trash cans. This will mean that there will be greater distances between the paired recycling bins and trash cans. With no net gain in the total number of trash cans and recycling bins, no additional labor will be required to empty them. If a total of 20 Centennial Lakes trash cans are converted to recycling bins with new hoods, the total cost will be a maximum of 20 x $160 = $3,200. 6. Lewis Park — Has 8 trash cans and 3 Dow FilmTech recycling bins. Two of the recycling bins are in the parking lot and one is in the tot lot. A donor needs to be found for at least 3 more recycling bins to be placed as follows: paired with one trash can in the tennis court parking lot and two singleton trash cans on the athletic field. Donna Tilsner will give Dow a first right of refusal on these three. Dianne Plunkett Latham did not know where the remaining two additional trash cans were in Lewis Park for the listed total of 8. It needs to be determined whether these two need a recycling bin. 7. Norm andale Park— Has 5 trash cans. Cummins is in communication with Vince Cockriel to adopt Normandale Park, which may need up to 5 recycling bins. Cummins has also offered to provide 2 park clean -up days per year under the current Adopt -A -Park policy. The offer was made by Latonya Tomlinson of Cummins Power Generation, 1400 73rd Avenue NE, Fridley MN 55432, Global Warranty Accrual & Reserve Leader. office: 763- 574 -5247 latonva.tomlinson@cummins.com 32 8. Pamela Park —There are currently 13 trash cans and 7 Dow recycling bins. Four of the recycling bins are not close to their trash can mate. Vince Cockriel agreed to have these 4 pairs moved together. These 4 separated pairs can be found: 1) on either side of the comfort station sidewalk, 2) by a telephone pole, 3) by the tennis court and 4) by a small building. It needs to be determined whether any of the 6 remaining trash cans be removed, or paired with a new recycling bin. Donna Tilsner will give Dow a first right of refusal on Pamela Park recycling bins. If Dow does not want to donate any more recycling bins, or does not want to donate a sufficient quantity to satisfy all the needs of both Lewis and Pamela Park, all the Dow recycling bins could be consolidated at Pamela Park by adding the 3 Lewis Park Dow recycling bins to the 7 Dow recycling bins at Pamela Park. 9. Rosland Park —There are currently 16 trash cans. Of these, 6 are on the walking path along the lake. Kelodale Garden Club has approved donating the recycling bin for the Art Center, which is at the foot of the hill on the lake walking path. Kelodale has adopted the woodland in that location and pays to have buckthorn and other noxious weeds controlled and replaced with native wildflowers. 5 more recycling bins will be needed along the lake given the distance between each. In addition, trash cans are also situated at the play structure, the pool, and among the picnic tables. Vince Cockriel needs to determine if all 16 Rosland trash cans will need to be paired with a recycling bin. 10. Van Valkenbure Park — Has 38 trash cans. 7 of these are in the enclosed dog park (5 for the large dog enclosure and 2 for the small dog enclosure) and are exclusively for dog litter. Recycling bins should not be placed in the enclosed dog park as they would likely accidentally be used for dog litter. There are 6 green trash cans on concrete pads outside the dog enclosure, one of which has a cracked hood. There are 9 trash cans inside the ball field gate as follows: 6 concrete trash cans, one miscellaneous trash can, and 2 additional trash cans next to the concession stand. Vince Cockriel needs to decide if half of these hoods should be replaced, or if recycling bins should be purchased for each trash can. There are 4 small trash cans hung on the fencing (two white and 2 green). This makes a total of 26 trash cans. Where are the remaining 12 trash cans? 26 were all that were visible from outside the gate — are they on the ball field? Vince Cockriel will need to indicate how many new recycling bins are needed. 11. No Trash Can - The following 6 parks have no trash can. It is acceptable to leave these without a recycling bin as these parks have lower usage: Grandview Sq Pk, Lk Edina Pk, Melody Lk Pk, St. Johns Pk, Williams Pk, Yorktown Pk 12. One Trash Can - Eleven Parks have only one trash can and need only one recycling bin: Birchcrest, Browndale, Fox Meadow, Heights, Kojetin, McGuire, Sherwood, Strachauer, Tingdale, Tupa, York. These would be good parks for non profits to donate recycling bins for. 13. The balance of the parks not listed above will need multiple recycling bins, the number depending on park usage and is yet to be determined by Vince Cockriel: Garden Park (10), Rosland Park (16), Todd Park (6), Weber Park (6). Parks with a small number of trash cans, such as 5 or less may need a comparable number of recycling bins. A subsequent meeting was not scheduled because it was believed that subsequent matters could be dealt with via e- mail. The meeting was adjourned at 11:50 am. Respectfully Submitted, Dianne Plunkett Latham, Chair, Park Recycling Bin Task Force 33 TRASH & RECYCLING Inventory PARK 1 Alden Park 2 Arden Park 3 Arneson Acres Park 4 Birchcrest Park 5 Braemar Pk (Courtney) Braemar Golf Complex 6 Bredesen Park 7 Browndale Park Centennial Lakes 8 Chowen Park 9 Cornelia School Park 10 Countryside Park 11 Creek Valley Park 12 Fox Meadow Park 13 Garden Park 14 Grandview Square Pk 15 Heights Park 16 Highlands Park 17 Kojetin Park 18 Lake Edina Park 19 Lewis Park 20 McGuire Park 21 Melody Lake Park 22 Normandale Park 23 Pamela Park 2/11/2012 Outdoor Remove Converted Current Needed Potential Donor Trash Cans Trash Cans Trash Cans Recycle Bins Recycle Bins 2 1 Q 0 1 Lids cannot be converted 2 0 Any lid conversion opportunity? 2 Q Q 0 2 Edina Garden Council 1 Q Q 0 1 24 0 Can 1/2 of the lids be Converted? Tom Swenson to supply data 9 0 1 Q 7 Convert 1 trash at comfort station 1 Q Q 0 1 35 0 6 0 14 Can 20 total lids be converted? 3 0 Any lid conversion opportunity? 5 Q Any lid conversion opportunity? 5 Q Any lid conversion opportunity? 3 Q Any lid conversion opportunity? 1 Q Q 0 1 10 0 Any lid conversion opportunity? Q Q Q 0 0 1 Q Q 0 1 5 Q Any lid conversion opportunity? 1 0 0 0 1 0 0 0 0 0 8 3 3 Dow 1 Q Q 0 1 Q Q Q 0 0 5 0 5 Cummins 13 7 DOW -lid conversion opportunity? W 01 24 Rosland Park 16 0 16 Kelodale Garden Club =1 25 Sherwood Park 1 0 0 0 1 26 St. Johns Park 0 0 0 0 0 27 Strachauer Park 1 0 0 0 1 28 Tingdale Park 1 0 0 0 1 29 Todd Park 6 0 Any lid conversion opportunity? 30 Tupa Park 1 0 0 0 1 31 Utley Park 4 0 Any lid conversion opportunity? 32 Van Valkenburg Park 31 0 Any lid conversion opportunity? VanValkenburg Dog Pk 7 0 0 0 0 Scoupy Poop 33 Walnut Ridge ParK 5 0 Any lid conversion opportunity? 34 Weber Park 6 0 Any lid conversion opportunity? 35 Williams Park 0 0 0 0 0 36 Wooddale Park 3 0 Any lid conversion opportunity? 37 York Park 1 0 0 0 1 38 Yorktown Park 0 0 0 0 0 220 1 7 10 59 Edina Park Recycling Bin Sponsorship Form WHAT: An Edina Energy and Environment Commission Task Force has been established to promote recycling in Edina parks. We are looking for businesses and nonprofit organizations to sponsor City park recycling bins. WHY: Reducing waste is vital to keeping Edina Green. Through recycling we are able to reduce waste in our community and potentially save money. SPONSOR PACKAGE COST INFORMATION: Sponsorship $700 for nonprofits and $750 for commercial entities. • Price reflects the cost for your container, delivery and having the donor's name and /or logo put on the recycling bin. Sales tax is not applicable. Commercial entities pay an additional $50 for installation of a concrete pad. • Sponsors can select from among the parks listed below. A sponsor must sponsor the total number recycling bins needed for that park such that all bins are uniform. • The sponsoring organization's name and /or logo can be on the recycling bins. The donor designation cannot include advertising or memorials. Thus, it could say . "Donated by Joe's" or "Donated by the John Doe Family," but not "Eat at Joe's" or "In Memory of John Doe." The Edina Community Foundation reports, however, can indicate memorials. Ali bins in a given park must be uniform; this includes the donor designation and their logo. Any logos must be electronically supplied at the address below. • The Sponsor assumes the risk of loss. If a bin is damaged beyond use or stolen, a new bin must be donated. In that case the current sponsor will be given a first right of refusal to donate a new bin. • Priority order of recycling bin location choice is as follows: 1. Edina Adopt -A -Park organizations 2. Edina nonprofit organizations 3. Businesses located in Edina 4. Businesses located outside of Edina 36 Edina Park Recycling Bin Document Checklist To ensure that your sponsorship application is processed efficiently, please return this document checklist with the following completed documents no later than ? ? ? ? ? ? ? ?. Recycling bin quantities are limited, so please respond as soon as possible. Sponsor Name: ❑ Sponsor Order Form ❑ Sponsor Park Preference Form ❑ Signed Sponsorship Contract ❑ Payment - Check enclosed with total amount payable to the Edina Community Foundation with check memo that it is for an Edina park recycling bin. PLEASE RETURN REQUESTED DOCUMENTS TO: Dick Crocket Executive Director Edina Community Foundation 5280 Grandview Square Edina, MN 55436 37 Edina Park Recycling Bin Sponsor Order Form Organization Name: Date: Contact Name: Address: Phone: Email: City: State: Zip: Fax: Indicate One: Business Nonprofit What is your type of commercial business? What products do you make or sell? (This is necessary for approval by the City of Edina). Donor name as it is to be printed on the recycling bin Indicate if a memorial is to be printed in Edina Community Foundation Memorials and if so, how it should be printed. Is Sponsor's Logo to be on the Recycling Bin? ❑ Yes ❑ No If the Sponsor would like their organization's logo on the recycling bin, please supply electronically to Vince Cockriel, City of Edina Parks Superintendent at: vcockriel @ci.edina.mn.us Amount Due ❑ Yes, we want to support recycling in Edina's parks! We would like to sponsor (number of) Recycling Bin(s) for $700.00 (nonprofit rate) each. ❑ Yes, we want to support recycling in Edina's parks! We would like to sponsor (number of) Recycling Bin(s) for $750.00 (commercial business rate) each. Total Enclosed: $ 38 Edina Park Recycling Bin Sponsorship Contract The undersigned ("Sponsor'), confirms its agreement with the City of Edina to sponsor recycling bins on the terms and conditions set forth in this Agreement: 1. Base Sponsor Price. The sponsorship price for each recycling bin is $700.00 for nonprofit organizations and $750 for commercial businesses. Sponsor has submitted the total sponsor price of $ to the Edina Community Foundation with this Agreement. The undersigned understands that, for the payment of this sponsorship price, the Sponsor is entitled to: • Have its identity and /or logo placed on the recycling bin • Delivery, installation and maintenance of the container(s). Maintenance includes emptying the recycling bins when more than 1/4 full. • Acknowledgement in Edina Community Foundation reports and other materials. • The Sponsor understands that the recycling bin(s) will be displayed at the agreed upon location, and will be accessible to the public. The Sponsor further understands that the recycling bin(s) will be located outdoors. All such recycling bins will become the property of the City of Edina and the Sponsor shall have no rights thereto. 2. Acknowledgment of Payment. The Sponsor understands and agrees that payment in full is required at the time of the placement of this order and, in that regard, has submitted to the Edina Community Foundation its payment of $ In consideration of the foregoing, and intending to be bound hereby, the undersigned has entered into this Agreement as of 201—. (Sponsor /Organization Name) (Contact Name) Acceptance The undersigned, acting on behalf of the Edina Community Foundation hereby acknowledges and accepts the foregoing Sponsor, and acknowledges receipt of the Sponsor's payment of $ for _ (number of) recycling bin(s) pursuant to paragraphs 1 and 2 of the foregoing Letter Agreement. (Accepted By) (Date) 39 Edina Park Recycling Bin Container Details 40 Edina Park Recycling Bin Park Preference Form Choice of Park Sponsorship Locations — Indicate 1s' , 2nd ad 3`d choices 1 Alden Park Arden Park 2 Arneson Acres Park 1 Birchcrest Park 7 Bredesen Park 1 Browndale Park Chowen Park Cornelia School Park Countryside Park Creek Valley Park 1 Fox Meadow Park Garden Park 1 Heights Park Highlands Park 1 Kojetin Park 3 Lewis Park 1 McGuire Park Normandale Park Pamela Park Rosland Park 1 Sherwood Park 1 Strachauer Park 1 Tingdale Park Todd Park 1 Tupa Park Utley Park Van Valkenburg Park Walnut Ridge Park Weber Park Wooddale Park 1 York Park 41 EDINA PARK AND RECREATION DEPARTMENT TURF MANAGEMENT PLAN EXECUTIVE SUMMARY Revised Jan. 13, 2012 42 Introduction The City of Edina owns and maintains over 1,500 acres of beautiful park land, wooded areas and open space within its city boundaries. Approximately 600 acres are grassy areas that are routinely maintained on a mowing schedule. In addition, the Edina Park and Recreation Department also maintains many acres of highway islands and boulevards. Part of the maintenance responsibility includes controlling undesirable and/or injurious pests, such as weeds, insects and fungus to an acceptable level of tolerance. Some of the Edina Park Maintenance Department turf management practices that have been used in the past have included the use of fertilizers and herbicides. Terminology By dictionary definition, pesticides are chemicals used to kill pests, such as insects and rodents. Herbicides are chemicals used to eradicate (kill) plants, such as weeds and grasses. In fact, the term "cide" means killer. The word "pesticides ", however, is commonly used as the term that includes all the "cides" in the industry, such as fungicides, insecticides, and herbicides. In other words, all herbicides are considered to be a type of pesticide. There are 18 major pesticides that are used in approximately 2,100 different lawn care products. Selective herbicides are chemicals that are designed to eradicate specific plants, such as broad leaf weeds, while not harmfully affecting other plant species that share common turf, such as desirable grasses. One of the most commonly used selective herbicide chemical is 2,4 -D. Non - selective herbicides are chemicals that are designed to eradicate all "green" plant life. In other words, Non - selective herbicides, such as Roundup (a water soluble Non - selective herbicide brand name manufactured by Monsanto Company), are used to kill all green plants, such as all turf grasses and weeds. Non - selective herbicides essentially block the photosynthetic process in plants. Turf areas that have been treated with Non - selective herbicides can be re- turfed (seeded or sodded) within a week after application. Non - selective herbicides are commonly used to kill green growth around trees and under fencing to eliminate the need for labor intensive grass /weed trimming. Organic herbicides are non - chemicals, often plant -based such as corn gluten that work by inhibiting root formation at the time of germination. The timing of application is very important for the treatment to be effective. Turf must be treated before weeds germinate. Organic herbicides have low or no toxicity for humans and animals and break down rapidly in the environment after application. History One of the turf management practices that has been used by the Edina Park Maintenance 43 Department to control weeds and other undesirable grasses has included broadcast applications of selective herbicides by licensed herbicide applicators. This practice has long been viewed as an economical approach to weed control. The largest grassy areas of the Edina Park System have typically been treated with selective herbicides (sprayed on in a liquid form) once per year in the Spring. These large area applications have been carried out by Edina Park Maintenance staff who have been trained and licensed by the Minnesota State Department of Agriculture. The smaller areas, such as roadway triangles and islands, that are more labor intensive to maintain, have been annually treated with selective herbicides in the Spring by contracted turf care companies, such as True Green ChemLawn. The heavily scheduled athletic fields throughout the Edina Park System have typically been treated with selective herbicides in a liquid form in the Spring and have received an application of weed and feed granular (combination fertilizer and selective herbicide) in the Fall of the year. Fertilizers are typically applied once or twice annually to turf areas in need of nutrients to maintain healthy grasses. Fertilizers are not herbicides and are not considered to be a member of the "pesticide" family. Fertilizers are essentially nutrients (food) for grass plants. The large open grassy areas throughout the Edina Park System have not been treated with fertilizers in past practices, mainly due to economic reasons. In the past, the Edina Park and Recreation Department has used non - selective herbicides, such as Roundup, to eliminate green growth around trees, under fencing, around hockey boards and in cracks that develop in tennis courts and hard surface areas, such as basketball courts. This practice has been an economical approach to grass and weed trimming, mainly for aesthetic purposes. The eradication of weeds and grasses that develop in cracks in tennis courts and hard surfaces courts has been done for two main reasons: 1 Eliminate hazardous play surface conditions (safety reasons). 2 Minimize further damage to the hard surface area. (economic reasons). The main goal of the Edina Park and Recreation Department's turf management plan has long been to maintain safe and aesthetic turf in the most economical fashion allowed by law. The Edina Park and Recreation Department's past practices have been carried out by hard working, dedicated and well trained maintenance personnel who take great pride in their work. The City of Edina and its Park Maintenance Department have always been concerned and conscious of the impact of its turf maintenance practices on human and animal health and the environment. Because the most important factor in applying herbicides is safety (especially that of children), the Park and Recreation Department has voluntarily made (and continues to make) changes in its own methodology in the application of herbicides to help minimize herbicide exposure to children. During the Spring of 1994, several concerned residents questioned the potential health hazards associated with the Edina Park and Recreation Department's turf management practices. At the Edina City Council meeting on Monday, June 20, 1994, the Edina City Council directed staff to work with Edina Community Health Advisory Committee (ECHSAC) to establish a plan and a process that addresses the concerns of the use of herbicides on City owned property. 44 ECHSAC July 13, 1994, Meeting The ECHSAC met on Monday, July 13, 1994, to discuss this issue. After lengthy discussion, it was determined that the goal should be to find alternative methods of turf management to control pests, such as weeds, that require considerably less or no herbicides. The issue regarding the potential health hazards and environmental impact associated with the use of herbicides was discussed and there was clearly debate on both sides of the issue. It was determined by the ECHSAC that, at this point in time, there is not enough undisputed conclusive evidence that suggests that the Edina Park and Recreation Department's current use of herbicides does or does not pose potential health or environmental hazards. Therefore, the recommendation of the ECHSAC was for the City of Edina to establish a turf management plan that errs on the safe side of herbicide use. The action taken by the ECHSAC at that meeting was as follows: Bob Wilkins MOVED TO RECOMMEND THAT THE PARK AND RECREATION DEPARTMENT WORK WITH THE HEALTH DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT IN CREATING A CLASSIFICATION OF PARK PROPERTIES AND RECOMMEND AN APPLICATION PROCESS THAT WOULD LIMIT AND REDUCE USE OF HERBICIDES IN RESPONSE TO CITIZENS CONCERN. AS AN ALTERNATIVE TO HERBICIDE USE, THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE RECOMMENDS INVESTIGATING INTEGRATED PEST MANAGEMENT (IPM), A PROGRAM EMPHASIZING FERTILIZING, SEEDING, AND MOWING. THIS PROGRAM WOULD BE REVIEWED BY THE COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE FOR IMPLEMENTATION IF THERE IS PROVEN EFFECTIVENESS. Audrey Runyan SECONDED. MOTION CARRIED. At the August 1, 1994, City Council meeting, the Edina City Council directed the staff to research and recommend a plan to reduce the use of herbicides on public properties and present the recommendations initially to the Edina Community Health Services Advisory Committee. The ECHSAC was asked to review staff's recommendations for alternatives for turf management during the month of December, 1994. The plan was to then have staff take the ECHSAC's recommendations to the Edina Park Board at the January, 1995, Park Board meeting. The Edina City Council has further directed that the matter then be brought before the Edina City Council on Monday, February 6, 1995. At the November 16`s ECHSAC meeting, the ECHSAC was concerned about the long term effects of herbicide use, as well as, recommending a realistic and acceptable plan using preventative measures that will benefit people 20 to 30 years from now. The ECHSAC determined that there is good reason to establish a plan and policy that reduces the amount of herbicide use on public and private lands. Through this study, it was learned that the Environmental Protection Agency (EPA) registers, rather than licenses, herbicides and pesticides. Therefore, the EPA does not guarantee the safety of the products they review. The EPA can, however, require testing of products and recently stipulated, for example, that the 2-4, D manufacturers repeat an animal -cancer study. The EPA has also asked the industry to take voluntary risk- reduction measures while the study proceeds. According to the 1993 General 45 Accounting Office (GAO) Report, the EPA is more.concerned with the health effects of one -time or short-term exposures to MCPP and dicamba along with 2,4 -D (which are "licensed . herbicides" currently used by the Edina Park and Recreation Department). The 1993 GAO Report also states that dicamba and 2,4 -D are deemed "restricted use candidates" by the EPA due to groundwater concerns: The one fact that is most commonly misunderstood,by the public is that an EPA "licensed herbicide" is not necessarily "safe" with regards to human and /or environmental health. Through this study we have further learned that the EPA has not yet developed guidelines to assess the health effects of human exposure to pesticides after they are applied to lawns. In particular, the EPA is concerned about the persistence of pesticides in the environment and potential effect on children, who may have more contact with treated lawns than adults (1993 GAO report). Edina Park Board January 10 1995 Meeting At the January 10, 1995 Edina Park Board meeting, the Edina Park Board took the following action: Mr. Fee MOVED TO RECOMMEND TO THE CITY COUNCIL THAT WE ACCEPT THE RECOMMENDATIONS OF THE ECHSAC AND_ RECOMMEND TO THE CITY COUNCIL THAT THEY ADOPT THE TURF MANAGEMENT PLAN AS PRESENTED IN THE REPORT SUBJECT TO ANNUAL REVIEW OR SOONER IF DETERMINED NECESSARY. John Dovolis SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. INTEGRATED PEST MANAGEMENT PRACTICES There are various but limited turf management practices that promote healthy grass . growth and turf stability while minimizing weed growth without the use of herbicides. The goal is to create a strong and healthy grass that dominates weed growth. Ideally, the goal is to maintain healthy turf grasses while controlling the percentage of pests (weeds) within a predetermined tolerance level without the use of herbicides. Desirable grasses need four main elements to survive: I Air . 2 Water 3 Food (nutrients) 4 Sunlight Grasses cannot survive when any of the above elements are absent. The most important.element is air. In other words, if soil is too compacted, grasses cannot breath. The. second most critical element is water. Desirable grasses do not compete well against weeds and undesirable grass plants in drought conditions. . - 46 The fact is that weed plants (such as knotweed) and undesirable grass plants (such as sandbur) are typically much hardier plants than desirable grasses (such as bluegrass or ryegrass). If left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. In some cases, a weed dominated turf can lead to unsafe or intolerable turf conditions for certain turf users, such as softball, baseball, soccer and football players and golfers. Integrated pest management practices that help desirable grasses best compete with weeds are as follows: 1 Irrigation 2 Aeration 3 Proper drainage 4 More frequent mowing schedule whenever possible (ideally never cut more than 1/3 of the grass plant each cut) 5 Set mowers higher (cut grasses ideally at 2'h ") 6 Proper fertilization schedule (more frequent and smaller quantities per application, plus proper timing) 7 Over seeding (slit seeding) 8 Top dressing 9 Use most durable grass seed mixture selections 10 Sodding where practical 11 Minimizing thatch where needed 12 Spot use applications (as opposed to broadcast applications) of least toxic herbicides only in cases where the intended activity would be intolerably compromised or when an economic or potential human injury is at risk To achieve the goal to use the least amount of herbicides possible, staff is proposing the following IPM based turf management plan: TURF MANAGEMENT PLAN-(GOALS) 1 Identify existing pests, such as weeds, and their current percentage make up of existing ground cover. 2 Identify stressed areas of turf and evaluate IPM based options for treatment of the problem. 3 'Establish a classification of Edina's public -owned park lands and open space and establish a weed tolerance level to each property. 4 Establish reasonable investments needed and desired to assure best results utilizing IPM based principles in turf management. 5 Routinely monitor and analyze success of IPM based turf management program in writing: a Identify the pest (weed) and the size (density) of its infestation. 47 b Keep records of effectiveness of treatment on solving each turf problem; irrigation; fertilization, mowing, aeration, dethaching, and, as a last resort, use of least toxic chemical. c Keep records of citizen complaints and comments related to turf management program. 6 Develop a list of acceptable management strategies for eradication of weeds when weed dominance exceeds predetermined tolerance levels, such -as:. - a Predetermine a list of herbicides that are effective against the targeted pest (weed) but is least disruptive to the environment, and human and animal health. b. Use methods of selective spot treatments instead of broadcast treatments whenever possible. c Post signage before, during and after applying herbicides: Si +s should carry the Deleted: to xeep off the grass for at I following information: l) date of application: 2) ainv advisory�e _q_uired_'bv_,S_tate_law. _ least 7 days 'aftuappHcation.signs d Apply herbicides only as a last resort. should be clearly legible e Consult a professional turf restoration professional before determining that herbicides are necessary. It is recommended to continue this practice for a- minimum of two years. f Making sure that herbicides are applied by only licensed. herbicide: applicators. 7 Designate a responsible individual (or individuals) for making decisions to carry out and evaluate the turf management plan. 8 Educate full -time maintenance staff as to best turf management practices using integrated pest management approaches to pest control. In other,words, become self - reliant to avoid long -term reliance on consulting expertise. 9 Promote and educate the public as to responsible effective private lawn care practices. Encourage the public to implement integrated pest management practices on their private properties. Turf Management Task Force The Turf Management Task Force was formed in September 2010 at the request of the Energy and Environment Commission EEC as a response to Edina residents' concerns on the use of herbicides in arks and children la areas. The Task Force consisted of one member each from the EEC commission the Community and Health Committee and the Park Board. The City was re resented by the Superintendent of Parks The Task Force reviewed the original Turf, Manaeement Plan and evaluated how it was im lemented from 1994 to date. It was discovered that herbicides were not always a lied according to the plan. Residents' concerns about excessive dandelion weeds in untreated areas (classified as "C" in the plan) had prompted treatment of those areas with one-ti I me spraying of the herbicide 2,4 D early in the spring. Organic herbicides have been shown to be as an effective non -toxic altemative for lawn care Unlike chemicals, however, orizanic applications require additional attention to proper timing and weather conditions. Typically, it takes three to four seasons to eliminate weeds compared with iust one application per season for the chemicals. The Turf Management Task Force concluded that organics can be easily integrated within the current turf management practiced by staff. Organics will be the environmental preferable alternative to treating areas that have 25% tolerance for weeds and are located at or near children Play areas. The revised plan uses a new label "O" to indicate turf areas that will be treated with organics. -A statement will be added to the City website indicating that there will be no spraying - - Deleted: Signs will be posted near — - children play area to make it ]mown that within 30 feet of children's play areas. The Turf Management Task Force recommends that the they have not been cbemically treated. Edina Energy and Environment Commission review, turf management practices every five years _ - - Deleted: ing in consultation with the Park Board, with the goal of progressively decreasing the use of chemical pesticides. 49 WEED TOLERANCE CLASSIFICATION FOR CITY OF EDINA OWNED PROPERTY In 1995, the City of Edina adopted the following standards to Edina's public -owned parklands and open space. Next to each classified public land or open space, is a suggested category (A -D) designation as to the level of weed tolerance proposed for that particular area. In turn, each classification dictates the type of turf management needed for that specific ground cover. The definition of each category is as follows: CATEGORY A These areas shall have a 0 -5% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 5% of the total ground cover and it has been determined that there are no other reasonable methods of weed control. CATEGORY B These areas shall have a 15 % -25% tolerance for weeds. In other words, herbicides will not be applied to these ground covers until weed growth makes up 15 % -25% of the total ground cover and it has been determined that there are no other reasonable methods of weed control _ _ _ _ _ - - - Deleted: . CATEGORY C These areas shall have a 100% tolerance for weeds. In other words, -herbicides will not be used as a means to eradicate weeds with the exception of noxious weeds or other exotics mandated by State Law. If necessary, where needed or desired, these areas will undergo a returfinent (restoratiorQ which will replace or restore existing ground cover. _ - , Deleted: CATEGORY D These are areas that are subject to special herbicide applications, such as eradication of noxious weeds as mandated by Minnesota State law and the creation of oak savanna forests. In essence, all public -owned and private -owned properties are subject to category in the event that noxious weeds are present. CATEGORY O These areas shall have a 15 % -25% tolerance for weeds. These areas are scheduled and non- scheduled athletic fields located near schools or untreated areas. It is desirable to reduce the amount of chemicals in these areas to avoid unnecessary health and environmental risks These areas shall either be treated with organics or revert to category C These areas are indicated below as "O /C" *These areas were changed from staff's recommended category `B" to category "C" by the Edina Community Health Services Advisory Committee. These were changed for reasons of minimizing potential herbicide exposure to children (Cornelia School fields, Creek Valley School fields and the Yorktown Park field next to the Southdale YMCA). 51 CATEGORY 1 GOLF COURSES: • Braemar Golf Course (36 holes) A • Braemar Golf Driving Range A • Normandale Golf Course (9 holes) A 2 FLOWER GARDENS: • 72 different sites throughout park system A • Formal Gardens at Arneson Acres Park A 3 SCHEDULED ATHLETIC FIELDS (CAN BE LOCKED /SECURED): • Braemar soccer field (one field) A • Courtney Fields Baseball Complex (4 fields) A • Garden Park baseball field (one field) A • Van Valkenburg Park Softball Complex (3 fields) A Deleted: 2 4 MULTIPLE -USE SCHEDULED ATHLETIC FIELDS: Deleted: 5 • Alden Park soccer field (1 field) B %,' ,, Deleted: . C'to B • Cornelia School softball fields (fief)- _ - _ _ _ _ _ - _ - -& ----------------- Deleted: I • Cornelia School baseball field (, fields)__ _________.�,.________._____ - - --- - ,, Deleted: . C•to B • Coun side Park baseball fields fields) Countryside Q--------------- - _ - _ B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: 3 • Creek Valley soccer fields Q fields) ----------------- �- __-- __----- - -, --- Deleted:3 • Garden Park softball field (1 field) B Deleted: C•to B • Garden Park soccer fields (4 fields) - - - - - - - - - - - - - - - - - - - B - _ - - - - - - - - - - - - _ Formatted: Font: Bold • Highlands Park soccer field (fields) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B _ _ _ _ _ _ - - - - - - - - _ Deleted: 2 • Highlands Park softball field (1 field) B Deleted: I • o and Park aseball field (l field) B _ _ _ _ _ - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ �_ - - Deleted: Lake Cornelia ' -- ----- -- • Rosland Park Disc Golf (]field) O/C ;. BL Deleted: e • Rosland Park G baseball) ----------------- ; Deleted: softball • Lewis Park soccer /football fields (3 fields) -------------- B ----------------- -, f Deleted: .. B • Normandale Park baseball field (1 field) B �,� Comment [DPLiI: • Pamela Park softball fields Q.field) ____ ______ _____ __ __B ------------- -, Deleted:2 _ • Pamela Park soccer fields fields) ----------- --------- (�? - - - - -- - - - - - - - - - Deleted: <#>Pamela Park baseball _ • Strachauer Park (2 soccer) B fields (2 fields) .. B1 • Todd Park softball field (1 field) O /C- - - - - - - - - - - - - -, . Deleted: 1 • Walnut Ridl?e Park (2 Lacrosse) B `, 2 • Weber Park baseball l field oftb - fields (fields) - _ - _ _ _ B _ _ _ _ _ _ _ _ _ _ _ _ _ _ �, B • Wooddale Park baseball/softball field (1 field) B Pee I --5 5 MULTIPLE -USE NON - SCHEDULED ATHLETIC FIELDS: Yorktomm Park softball field C• delete$ (one field each) Deleted: <#>Alden Park .. .. . den Park O /C�___________ -�;' - -- - -- -' cto8I �-"---------------------------------------- 4 Deleted: to 52 • Birchcrest Park O /Ct Deleted: to a • Bristol O/C C • Browndale O/C • • Chowen Park Q/! - , Deleted: to B • Heights Park - O/C - Deleted: - - - CB (organic treatment) • Kojetin Park ----- -------- D/CMcGuire - - Deleted: CB (organic treatment) Deleted:A O/C _ - ' Deleted: q • --------------------------------------------------------------- • Sherwood Park O /C�_ • St. Johns's Park - • �Tingdale Park p/ , --------------------------- - - - - -- -- • York Park •-------------------------------------------- C-1------ - - - - -- SPECIAL USE MAINTAINED FACILITIES (Outdoor areas): • Arneson Park (arboretum and general grounds) A Deleted: <#>Normandale Park .... . . . C to B9 Roseland Park ....... O/C Deleted: to B Deleted: to B Deleted: <#>Strachauer Park ...... C to 131 Deleted: to B D ` a leted• • Braemar Arena grounds area B • <wa t Park . . . . . Cto B1 • Braemar Golf Dome grounds area C Deleted: to B • Centennial Lakes •- -tenni Lakes • Triangles /medians Deleted: <*>BrianWiooermannGun • Edina City Hall .Q--/C ------------- B Range. .... C delgtel • Edina Art Center C - - - - -- Deleted:A • Edina Fire Department p ----------- Deleted: B • Edina Public Woks Building grounds O/C - - Deleted: A • Edinborough Park (one acre exterior area) A • Frank Tupa Park (historical site) O /C- - - - - - - - Deleted: to B) • Williams Park (historical site) - - - �—O/C - - - - - - - - - - - - - - - - - - - - - Deleted: CB (organic treatment) 7 MAINTAINED OPEN PLAY AREAS /OPEN GREEN SPACE: • All 38 parks (approx. 400 acres) C 8 DESIGNATED PICNIC AREAS: • Lake Cornelia Park C • Braemar Park C 9 PLAYGROUND AREAS: • 24 playground equipment sites C 10 MEDIAN GRASS AREAS (ISLANDS AND TRIANGLES): • Frontage roads B • Boulevards B • Triangles /medians B • York Ave. Island B • Boulevards adioinine Bredesen Park O/C • Boulevards adioinine Duggan Plaza O/C • The "Circle" area of Duggan Plaza O/C 53 11 WOODED/NATURE AREAS: • Braemar Park savanna forest areas D • Bredesen Park C • Lake Cornelia Park C 12 NON - MAINTAINED OPEN SPACE(WOODED AREAS AND OTHER MISCELLANEOUS PARK LAND: • Fox Meadow Park (park land) O/C • Garden Park Addition (open space) C • Highlands Park O/C • Krahl Hill (open space) C • Lincoln Drive Floodplain (open space) C • Moore Property on Melody Lake (open space) C • Todd Park O/C C • Walnut Ridge Park Deleted: q •--------------------------------------------------- 13 HARD SURFACE AREAS: • Basketball courts (8 sites) A • Parking lots A • Pathways A • Tennis courts (15 sites) A 14 INDOOR PARK AREAS WITH PLANT GROWTH: • Edinborough Park (trees, shrubs and flowers) A • Arneson Park greenhouse (primarily flowers) A 15 PLANT GROWTH IN AND AROUND LAKES, PONDS AND CREEKS: • Islands D • Shoreline D 16 OUTDOOR HOCKEY RINKS: • 10 sites C 17 AREAS WITH NOXIOUS WEEDS: • Public -owned property D • Private -owned property D The premier athletic fields that are classified as "A" all have two things in common: 1 Irrigation 2 Fencing Because all class "A" athletic fields have irrigation, they require the least amount of herbicides (and possibly none) (delete) to maintain healthy turf with very few weeds. Irrigation is an 54 important tool and key component in implementing IPM based turf management practices. The only irrigated athletic fields that are suggested to have a class "A" tolerance to weeds are those with fencing. If herbicides are ever needed to maintain their 5% weed tolerance, the entire area can be locked and secured from users during and shortly after herbicide applications (typically 24 hours as recommended by herbicide manufacturers). This practice will minimize the potential human exposure to herbicide chemicals. There are currently five UM irrigated athletic ball fields that are suggested to have a `B" _ - - - - Deleted: 5 classification for weed tolerance because they do not have security fencing: 1 Garden Park soccer fields 4fields _ , Deleted: 2 °- t ------------------------------ Deleted:l 2 Lewis Park soccer /football field ld Qfields --- - - - - -- __________________________ _ _ 3 Pamela Park soccer fields fields There are currently three (3) irrigated athletic ball fields that are suggested to have a "O /C" classification for weed tolerance because they are located next to Creek Valley Elementary School , - Deleted: 1 Creek Valley soccer field (3 fields) The `B" classification irrigated athletic fields will rarely (if ever) need herbicide applications to maintain a weed tolerance of 25 %; whereas, the non - irrigated class `B" athletic fields present a greater challenge to control weed dominance without the use of herbicides. The main reason for the recommended `B" classification for the five irrigated athletic fields is due to their lack of fencing to secure access to these areas. With proper equipment, labor and materials, IPM based turf management practices should dramatically reduce or eliminate the use of.herbicides on all irrigated athletic fields. The "Hard Surface Areas" have an "A" classification for 3 main reasons: 1 Undesirable weeds that grow in cracks on hard surface areas can create an unsafe surface for users. 2 Non - treated weeds in hard surface cracks can lead to further hard surface damage which could lead intolerable or unreasonable economic injury. 3 Human exposure to spot treatment herbicide use on hard surface areas Ls very minimal --------- Deleted: am (exposures are typically limited to footwear). At this time, none of the class "C" turf areas have irrigation except the three Creek Valley soccer fields. If this Turf Management Plan is adopted, it is staff's recommendation to direct the Edina Park Maintenance Department to use IPM based turf management techniques to maintain these class "C" weed tolerance areas to as high a standard as possible without the use of herbicide and _ _ _ - Deleted:. using organics when needed Even though these are classified to have the highest level of tolerance for weeds, it is staff's recommendation to attempt to maintain the best turf possible with the available resources and labor (without the use of herbicides). Without irrigation, even good turf management cannot avoid eventual domination of weeds, 55 however, good turf management can successfully deter the inevitable. The length of time for which a good turf management program will succeed-on non - irrigated turf depends on turf use, and soil and weather conditions. As mentioned earlier, allproperty within the City of Edina boundaries (public or private) are . subject to a "D" classification if noxious weeds . are present. Under the Minnesota Noxious Weed Law (Minnesota Statutes Chapter 18, Sections 18.75 to 18.88), there are irteen noxious weeds ^ , , Deleted: ten ' that have been deemed by the Commissioner of Agriculture to be injurious to public health, .` Formatted: Font color: Custom color(RGB(31,73,125)) t public roads, crops, livestock. In addition, there are any number of fifty - one,(51) secondary weed listby the Minnesota Commissioner of , matt ed: Font color: custom fF- weeds that may be added to the noxious Agriculture without a hearing or upon petition.by.the Edina City Mayor and approval by the r(RGB(79,129,189)) Hennepin County Board of Comndssioners.. The following is a list of the _ irteen noxious- _ - _ - - - Deleted:aen weeds: Common Name Botanical Name Deleted: Feld - - - - - ----- -- --- - -' - - - - - -- -� Bindweed. .Convolvulusarvensis9l �- - - -_ - -- - - - - - - - - - - - - -- - -------- 1. Yellow Star Thistle Centourea solstitialis L. _ --------------- Hemp . ... .. cannabis sativa9l F - - - - - - 2. Grecian Foxglove Digitalis Janata Ehrh. Loosestrife, purple. Lythrum salicaria or virgaturni 3. Oriental Bittersweet CM4strus orbiculatus Thunb. Poison ivy . . . ... nus radicand Spurge, leafy . . . Eupborbia esula9l 4. Leafy Spurge Euphorbia esula (L.) ` Sowthistle, perennial ... . Soncbus 5. Canada Thistle Cirsium arvense (L.) Scop. - - - - - - - - - - - - - - - - - - - - - - - -- ------- - - - - -, arvensis$ -- - - - - - - - 6. Musk Thistle Carduus nutans� _ _ _ _ _ _ _ _ _ _ _ _ •---------------- - - - - -- -- - - - - - - - - ---- - - - - Deleted: bull, . .. Cirsium vulgare, 7. lumeless Thistle Carduus acanthoides (L.) _ _ _ _ _ _ _ _ _ _ _ _ _ Alliaria petfolata (Bleb.) Deleted: Canada. 8. Garlic Mustard 9. Pum1e Loosestrife Lwhrum W hC 7ria virgatmn (L.): ` Deleted: , musk 10. Wild Parshnip Pastinaca sativa L. Thistle, . Carduus acanthoidesl 11. Common Tansy TQnaCetul ?l VUIgQI'e (L.) E 12. Spotted Knapweed Centaurea stoebe spp. ►nicranthos 13. Poison ivy' Toxicodendron radlcans (Ktze:) CONCLUSION It is reasonable to expect that the Edina Park and Recreation Department will likely receive many complaints about increased visible weeds in the parks, however, this should not be viewed as a lack of the program's success. A moratorium on herbicide use is not at practical, realistic, or responsible approach to turf management and weed (or pest) control. As previously mentioned, if left to nature without any interference of turf maintenance, weeds and undesirable grasses will eventually dominate the turf. It would be economically unreasonable to routinely replace ground cover with new turf in to avoid use of all herbicides in all areas at all cost. An IPM based Turf Management efforts Plan is:the most reasonable approach to a reduction and, in some cases, elimination of herbicide .dependency. To be successful,. citizens should be expected to accept higher weed tolerance in many areas of - 56 the park system that have previously been managed at a relatively low weed tolerance level. It is reasonable to anticipate that the most visibly noticeable presence of weeds will be the few weeks in early spring when dandelions (annuals) have flowered. As pointed out at the December 14, 1994, Edina Community Health Services Advisory Committee meeting, there are approximately 4,700 acres of privately owned and maintained residential lawn turf and approximately 150 acres of commercial lawn turf. Combined, there are approximately 4,850 acres of privately owned and maintained lawn turf within the City of Edina, which is about 800% more ground cover than that which is maintained by the Edina Park and Recreation Department. The point is that public education regarding environmentally conscious approaches to lawn care is an important part of this proposal. 57 18 December 2011 Prepared for the Energy & Environment Commission by Germana Paterlini, Commissioner Keith Kostuch, Commissioner Table of Contents Purposeand Scope .............................................................................................. ..............................3 Definitions............................................................................................................ 3 ............................... Background......................................................................................................... 5 ............................... GeneralPolicies .................................................................................................. 5 ............................... Research, Planning and Education ..................................................................... 5 ............................... Identification of Products and Services 6 ............................................................... ............................... A. Source Reduction ........................................................................................ ..............................6 B. Recycled Content Products ......................................................................... ..............................7 C. Forest Conservation .................................................................................... ..............................8 D. Toxics and Pollutants .................................................................................. ..............................8 E. Energy and Water Savings ......................................................................... .............................10 F. Green Building - Construction and Renovations ......................................... .............................10 G. Waste Minimization .................................................................................... .............................11 H. Landscaping ............................................................................................... .............................11 I. Bio -Based Products ..................................................................................... .............................12 J. Producer Responsibility .............................................................................. .............................12 K. Renewable Energy and Greenhouse Gas Reductions ............................... .............................12 L. Substitution Process ................................................................................... .............................12 59 Purpose and Scope The City of Edina Environmental Purchasing Policy is a guide to the selection of goods and services that have minimal impact on the environment. The City recognizes that every purchased product or service affects the environment throughout its life -cycle — from the extraction of raw materials, the manufacturing and transportation of products, to their use and disposal. Careful purchasing decisions use natural resources more efficiently, can lead to significant savings, protect our environment, and increase demand for better products. Specifically, the Policy is adopted in order to: • conserve natural resources, including water and energy, • eliminate or reduce the use of toxic and hazardous compounds, • reduce materials that are landfilled or.incinerated, • lower overall costs by addressing full life -cycle cost accounting, leverage buying power, • assess long term financial /market changes, • invest in technological advances City of Edina departments and employees make purchasing decisions within their current budgets. These budget realities will often preclude the use of products that are greener but more expensive unless "budget relief' is granted to those departments by City Management and /or the City Council. This policy encourages City departments to undertake cost/benefit trade -off analyses and bring recommendations for spending more money for greener outcomes to City Management and the City Council where that is prudent stewardship of the City's resources. This policy will apply to all City departments and employees. This policy is subject to the Municipal Contracting Law (MN Statue 471.345), the Presidential Executive Order 13101, and all other applicable laws and ordinances. Definitions For the purpose of this Policy, the following definitions and abbreviations shall apply: ASTM: American Society for Testing and Materials Bio -based product: A product using biological or renewable agricultural (plant, animal or marine) or forestry materials. Biodegradable: The ability of a substance, material or product ingredient to readily decompose by the 60 action of microbes. Carcinogen: A chemical that causes cancer. CFL: Compact Fluorescent Lamp. Energy Star: An energy efficiency product labeling program by the EPA (http: / /www.energystar.gov). EPEAT: Electronic Product Environmental Assessment Tool; an on -line tool helping institutional purchasers select and compare electronic equipment such as computers and monitors based on their environmental attributes. Forest Stewardship Council: A global non - profit organization that certifies responsible forest management (http:Hfscus.or4 /htmll). IPM: Integrated Pest Management; the use of a combination of pest control methods including improved sanitation, mechanical, physical, biological, or chemical means. PBT: Persistent, Bio accumulative Toxic; pollutants that are toxic, persist in the environment and bioaccumulate in food chains and, thus, pose risks to human health and ecosystems Petroleum -based organic solvents: Chemicals derived from petroleum capable of dissolving or dispersing other substances and are common ingredients in cleaning and degreasing products. Post - consumer recycled content: Refers to an end product containing material that has completed its life cycle as a consumer item and would otherwise have been disposed of as a solid waste. Product lifecycle considerations: Refers to the environmental effects of a product through raw materials acquisition, manufacturing, distribution, use, maintenance and disposal. Processed - chlorine free paper: Refers to paper that is manufactured using a percentage of post - consumer recycled paper fiber and is whitened without adding chlorine or chlorine derivatives. Recovered Material: Fragments of products or finished products of a manufacturing process that include pre- consumer and post- consumer material. VOCs: Volatile organic compounds are organic chemical compounds that have high enough vapor pressures under normal conditions to significantly vaporize and enter the earth's atmosphere Water Sense: A water conservation product labeling program sponsored by the EPA. 61 - Background The City of Edina: has an opportunity. to serve as a community model for environmental leadership by incorporating environmental considerations in public purchasing that reduce its burden on the local and global environment, remove unnecessary hazards from its operations, protect public:health, reduce costs and liabilities; and help develop markets for environmentally responsible products. These environmental considerations will join existing cost and efficacy factors that Edina City employees consider in their stewardship of taxpayer funds. The Edina Environmental Purchasing Policy has been developed with advice from the Energy and Environment Commission, whose duties include "examining and recommending changes in City purchases and operations to conserve energy ". General Policies The City Manager shall select a city official ( "Task Force Leader") to coordinate the implementation of the Edina Environmental Purchasing Policy and will establish a special interdepartmental Environmental Purchasing Task. Force (hereinafter "the Task Force') with representatives from Administration, Assessing, Building Inspections, Communications & Marketing, Engineering & Public Works, Finance, Fire, Health, Park & Recreation, Planning and Police, and other relevant departments/ operations to: 1. Identify opportunities for environmental purchasing initiatives and the trade -offs involved (e.g., cost, ability to meet specifications for product effectiveness, etc.). 2. Provide a forum for open discussion by affected personnel .3. Educate and inform staff about the environmental purchasing program The Task Force shall meet quarterly, or as needed following the adoption of this policy. The Task Force shall include a member of the Energy and Environment Commission on an advisory role on as needed basis. Research, Planning and Education The Task Force shall research opportunities to: 1. continuously expand the purchase of environmentally preferable products within parameters set by City Management, particularly budgets - 62 2. identify environmentally preferable alternatives and the trade -offs involved in their adoption 3. recommend goals to practice alternative processes within the City of Edina operations that will reduce the use /disposal of hazardous substances and will promote resource conservation 4. collect and maintain up -to -date information regarding manufacturers, vendors, and other sources for locating /ordering environmentally preferable products within mandates of City and State purchasing laws. The Task Force and /or Task Force Leader shall provide applicable information to the City Departments. The Task Force Leader shall submit annual reports to the City Manager, City Council and Energy and Environment Commission regarding the status of this policy's implementation. This report shall include total purchases of environmentally preferable products by each department, results of designated product evaluations, analysis and recommendations of more environmental but more expensive products and financial data on costs /savings resulting from implementation of this policy. Identification of Products and Services A. Source Reduction A.1. Edina will institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost - effective, but without reducing safety or workplace quality, including but not limited to: • communicating electronically instead of printing to the greatest degree possible given some residents and city workers do not have email • photocopying and printing double -sided • streamlining and computerizing forms • printing of documents and reports only as they are needed and required by state mandated record retention policies • using long -life products with service agreements supporting maintenance and repair • sharing equipment and occasional use items • choosing durable products rather than disposable • buying in bulk, whenever storage is available and operations allow it 63 • reusing - products such as file folders, storage boxes, office supplies, and furnishings. using washable and reusable dishes and utensils reducing the use of disposable batteries by purchasing rechargeable batteries for battery- operated devices when application and cost - effectiveness permit (e.g., batteries used by water meters, fire department air packs and other life critical applications, police radios, etc. are not included in this policy) A.2. The City will purchase remanufactured products whenever practicable, but without reducing safety, quality or effectiveness. Examples of remanufactured products are laser toner cartridges, tires, furniture, equipment and automotive parts. A.3. All buyers will attempt to evaluate life -cycle product costs in comparing product alternatives, when feasible. This includes comparison of total costs expected during the time of ownership, including, but not limited to, acquisition, warranties, operation, supplies, maintenance, disposal costs and expected lifetime. A.4. The City of Edina will require to the extent practical, that surplus or outdated electronic equipment be designated for reuse and or recycling except where constrained by Minnesota laws mandating equipment disposal A.5. Vendors will be encouraged whenever practical to take back and reuse pallets and packaging materials. A.6 . City will avoid usage of single -use bottled water wherever practical (e.g., police and fire departments must have water in the field). Single -use bottled water will be available for sale at Edina City -owned facilities until City Council decides otherwise given the large financial cost to the City. B. Recycled Content Products B.I. Printing paper, office paper, and paper products shall contain the highest postconsumer content practical and within budgets, but ideally no less than the minimum recycled content standards established by the US EPA Comprehensive Procurement Guidelines. B.2. Janitorial paper products will contain the highest postconsumer content practical and within budgets. Ideally this is no less than the minimum recycled content standards established by the US EPA Comprehensive Procurement Guidelines. B.3. Materials and products such as those for construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non -paper office products, will contain the highest 64 postconsumer content that meets specifications and budgets and is available, or, when postconsumer material is impractical for a specific type of prod uct/application, contain substantial amounts of recovered material. Ideally this is no less than the minimums established by the US EPA Comprehensive Procurement Guidelines. B.4. When specifying asphalt concrete, aggregate base or Portland cement concrete for road construction projects, Edina will use recycled, reusable or reground materials when they meet specifications and are available and cost - effective. B.5. To the greatest extent practical and within budgets, Edina will specify and purchase recycled - content transportation products, including signs, cones, parking stops, and barricades, and other recycled products approved by the Minnesota Department of Transportation. B.6.The City of Edina will purchase re- refined lubricating and industrial certified by the American Petroleum Institute (API) oil for use in its vehicles and other equipment whenever practical, meets specifications /warrantees and cost - effective. B.7.The City of Edina will purchase low VOC paint meeting Green Seal or other equivalent environmental standard for recycled content latex paint whenever practical and cost - effective. C. Forest Conservation C.1. To the greatest extent practical and within budgets, Edina will not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. Edina will give preference, within state procurement laws, to wood products that are certified to be sustainability by independent third -party auditors, and that meet standards equivalent to, or stricter than, those of the Forest Stewardship Council certification D. Toxics and Pollutants D.1. When making a choice among comparable products in terms of effectiveness and cost, the City will favor those products whose production, use, and disposal involve fewer hazardous materials. The City will avoid: • carcinogens, neuro- toxicants and reproductive toxins • PBT, including, but not limited to, lead, mercury, dioxins and furans • compounds that are acutely toxic to humans or aquatic life, corrosive to the skin or eyes 0 substances that contribute to the production of photochemical smog, tropospheric ozone 65 production, or poor indoor air quality D.2. The City of Edina will review its Integrated Pest Management (IPM) Plan in regard to those practices for indoor and outdoor areas that include chemical controls, with the goal of constantly lowering its use of chemicals, adopting bio -based herbicides, and providing on -going training for City staff. Purchases of materials and services made by the City will be consistent with its revised IPM policies and budgets D.3. When maintaining buildings, the City of Edina will attempt to use products with the lowest amount of VOCs, and low or no urea formaldehyde. Examples of such products include paint, carpet, adhesives, furniture and casework within budget restrictions and product ability to meet specifications. DA.The City of Edina will attempt to reduce or eliminate its use of products that contribute to the formation of dioxins and furans within budget restrictions. Examples are: • finding safer alternatives to products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies, whenever practical, • purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever practical. D.S. Edina will purchase products and equipment with no lead or mercury whenever available and cost effective. For products that contain lead or mercury, Edina will give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. CFLs, which contain mercury, will be recycled. D.6. The City of Edina will specify that computers and monitors purchased or leased meet, at a minimum, all EPEAT environmental criteria designated as "required" by the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products, whenever available and cost effective. D.7. When replacing vehicles, the City of Edina will lease or purchase only the most fuel - efficient models available that are suitable for each task and budget and will minimize the number of vehicles purchased through use of carsharing and carpooling. D.B. When replacing vehicles, the City of Edina will consider less- polluting alternatives to the vehicles that are being replaced. D.9. All City Departments and Agencies are prohibited from purchasing or acquiring polystyrene foam disposable food service ware and where affordable will use biodegradable or compostable disposable food service ware. 66 D.10. Compostable plastic and biodegradable plastics will be used whenever they are practical and economic. D.11.The purchase of all pentachlorophenol, arsenic and creosote treated wood by the City of Edina is prohibited. D.12.The City will avoid purchasing products containing brominated flame retardants (BFRs), bisphenol -A, and phthalates wherever practical. D.13. Edina will reduce the use of salt and other toxics in the cleaning and snow removal of hard surfaces when feasible in terms of safety. E. Energy and Water Savings E.1. Where applicable and cost effective, energy - efficient equipment will be purchased with the most up -to -date energy efficiency functions. When necessary, the City will train equipment operators and maintenance personnel in the proper enabling and use of energy efficient and sleep mode functions on their equipment. E.2. All appliances and products purchased by the City and for which the US EPA Energy Star certification is available and cost effective, will meet Energy Star certification. Typically, this would include lighting, heating and cooling systems, exhaust fans, water heaters, computers, exit signs, and appliances. E.3. When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program if cost effective. EA The City will purchase water - saving products whenever practical and cost effective and for which the US Water Sense certification is available. This includes, but is not limited to, high - performance fixtures like toilets, waterless urinals, low -flow faucets and aerators, and upgraded irrigation systems. F. Green Building - Construction and Renovations F.1. All building and renovations undertaken by the City will follow green building practices for design, construction, and operations where practical and economic F.2.The City will purchase high efficiency cooling and heating equipment and motion sensitive lighting, whenever practical and economic. 67 G. Waste Minimization G.1. The City will prefer packaging that is reusable, recyclable or compostable, when suitable uses and programs exist for these materials and are"cost effective. G.2. Vendors will be encouraged to take back and reuse pallets and packaging materials. G.3. The City of Edina will dispose of electronic equipment,. including but not limited to computers, monitors, printers, and copiers, or use disposal companies that will take back equipment for reuse or dispose them according.to certified environmentally safe recycling if cost effective and satisfactory under public equipment disposal laws. G4. Whenever practical, the City will provide City buildings and parks with containers for the recycling. paper, glass, plastics and organics. H'. Landscaping H.1. Workers and contractors providing landscaping services for the City will employ sustainable landscape management practices whenever practical, including: • Using IPM, including minimal pesticide use • Fertilizing only as needed, as indicated by a soil analysis. Slow release an organic ,fertilizers are preferred • Recycling plant debris by composting and /or maintaining a layer of mulch under all trees, shrubs and groundcovers and in all. open areas wherever practical and economic. H.2. Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate; species that can grow to their natural size in the allotted space and perennials rather than annuals. Native and drought - tolerant plants that require no or minimal watering once established are preferred. H.3. To the greatest extent practical and economic, Edina will not procure mulch products that originate from virgin forest products. When practical, Edina will give preference.to mulch products. that are produced on -site or from regionally generated plant debris. HA To the greatest extent practical and economic, Edina will procure compost that is produced from feedstock that includes at least 50 %, by volume, regionally generated plant debris and /or food waste and less than 0.5% by volume, physical contaminants. H.5. Minimal use of hardscapes and landscape structures, constructed of recycled content materials, 68 is encouraged. Concrete substitutes are encouraged for walkways, such as rosin emulsion paving or other porous materials if practical and economic. I. Bio -Based Products 1.1. Vehicles fuels made from plant -based contents (e.g. bio- diesel) are encouraged whenever practical in terms of cost and specification unless they are determined to be less environmentally friendly than the alternative. 1.2. Paper, paper products and construction products made from non -wood, plant -based contents and residues are encouraged whenever practical. J. Producer Responsibility J.1. The City of Edina will, whenever practical, favor products that are manufactured by companies that take financial and /or physical responsibility for collecting, recycling, reusing, or otherwise safely disposing of their products and packaging at the end of their useful life to the greatest degree allowed by state and city procurement laws. K. Renewable Energy and Greenhouse Gas Reductions K.1. The City of Edina will commit to reducing energy use as much as feasible and the remaining energy needs will be met by renewable, minimally polluting, energy sources as much as is practical and economic. K.2. As it becomes practical and economic the City will attempt to reduce and record greenhouse gas emissions. L. Substitution Process L.1. The City will work with their various suppliers to encourage those suppliers to bring information and ideas on environmentally and preferable alternatives for currently specified products that are readily available, cost effective and can perform for the intended use The City will follow applicable State and Local procurement laws to make substitutions where possible. 69 Air Quality Working Group .(AQWG Proposal for No Vehicle Idling Signs_ in..IVlunicipal -Parks and Other P.ublic.Spaces Summary: As part of the Green Step Cities program, the Edina Energy and Environment' Commission's Air Quality Working Group (AQWG) designed :a public awareness campaign to decrease vehicle idling by posting signage at specific municipal locations. As the City of Edina does not have a.policy or ordinance. on engine idling, signage needs to be encouraging not demanding: a "Please turn of your engine" message rather than an "Engine idling prohibited" message. Problem: Vehicle idling frequently occurs at municipal venues, such as along school boulevards or in parks. During the winter. months, people waiting for athletes or school children often allow engines to idle in order to keep their vehicles warm. During the summer months they idle their engines to keep cars cool. At other times, when temperature may not be a factor; vehicle idling can be an unnecessary habit. At parks and schools, vehicle idling is particularly problematic as it happens in areas that are frequently located adjacent to athletic fields, sidewalks or schools, resulting in compromised air for the athletes, students, parents and spectators. Engine idling happens at other municipal venues as well, including, the Edina Art Center and the Edina Senior Center. Suggested locations: - Below is a listing of two school locations as well as the number of signs the EEC /AQWG recommends to be posted as a pilot project. Creek Valley School 2 signs along Gleason Concord —1 sign on School Road. Total number of signs for pilot project = 3 Note: The recommended sign design below is not commercially available and can only .be printed from the N.C. Division of Air Quality website. It should have a yellow, background given that it is advisory as opposed to the orange warning background or the white regulatory background. Public Works could have the sign made. A cost;should be estimated including installation, the cost of nuts and bolts as well as 6' high fence posts on which to mount the signs. 2 -1S -12 .70 Approvals: For signs along city boulevards, a written request must be sent to the Traffic Safety Committee, which meets during the first week of the month. The Chair is Byron Theis BTheis@Ci.Edina.MN.US. The committee is comprised of members of the Edina Police Department and the Edina Engineering Department. Members of the public cannot attend. Permission for signs in City parks must be obtained from Vince Cockriel, Parks Superintendent. Sample Sign: 2 -15 -12 Turn off Your Engine dam'?'+. r ` rr BREATHE BETTER SAVE MONEY XC, DivishoM 00 Air Q ualil y iYww, ncp.lr.n rg 71 EEC 2012 and 2013 Work Plan A. Recycling & Solid Waste Working Group — DP Latham 1. 2012 Projects a. Residential Recycling RFP* b.. Park Recycling Bin Task Force c. Municipal Recycling RFP (City Staff) 2. 2013 Projects a. Proposed Licensing Ordinance Revisions* 1) Requirement to co- collect organics and yard waste effective 4 -1 -13 if customer requests it. 2) Hauler required to send customers a notification of the availability of, size of, and price of (if applicable) a cart to co- collect yard waste and organics at least once a year at a minimum in January 3) Requirement to offer customers of hauler's smallest size refuse cart the option of every other week collection at one -half the cost of the weekly collection for that cart size. b. Commercial Recycling* — Is Council open to giving EEC jurisdiction over commercial and municipal recycling? c. Organized Hauling* * Note that city staff (Solvei Wilmot) will need to be present at RSWWG meeting when these initiatives are planned B. Urban Forest Task Force — DP Latham - Conclude during 2012 C. Energy Working Group — Bill Sierks /John Heer 1. 2012 Projects a. Solar Wind Ordinance b. Review Guaranteed Energy Savings Program results and make further recommendations c. Complete B3 data entry with trained staff (this is the main Green Step City best practice action that could keep Edina from obtaining leve13 certification in May 2012). 2. 2013 Projects a. Review Commercial PACE /EEEP and determine whether Edina should move forward with,residential EEEP C. Water Quality Working Group - 2012 Projects - Julie Risser (replacing Susan Tucker) 1. Promoting rain gardens 2. Promoting buffer zones (if a property near a water body requested avariance - we could propose that the property owner be instructed that the variance was being granted on condition that a buffer zone be created 3. Promoting sensors in watering systems so that they. do not go off when the ground is saturated. 4. Promoting electric mowers (this could involve partnering with local hardware stores). 5. Promote Permeable Surfaces D. Air Quality Working Group — 2012 Projects (AQWG To be disbanded after completion of projects below because there is no Chair given. that Julie Risser went to the Water Quality Working Group) - Julie Risser 1. Promoting No Idling through signs at the following locations (see attached proposal) Creek Valley: School 2 signs along Gleason Concord - 1 sign on School Road 2. Drive- Through Amendments E. Education and Out Reach Working Group - 2012 Projects 1. April 19 educational program - Sarah Zarrin — Speaker Prof. Jonathan Foley from UMN - Edina Dialogue:. "The Environment, Economy, and Food Supply - Global to Local" EHS auditorium has been reserved. I Continuing support for the Home Energy Squad =Bob Gubrud F. All Working Groups 1. Update WG page on EEC web page. 2 -15 -12 .72 REVISED - AGENDA CITY COUNCIL MEETING CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS FEBRUARY 21, 2012 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA All-agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve.) A. Approval of Minutes — ,Regular Meeting of February 6, 2012 and Work Session of February 6, 2012, B. Correction of Minutes - Regular Meeting of January 17, 2012 C. Receive Payment. Of Claims As Per: Pre -List Dated 02/09/2012, TOTAL $1,094,744.98; Pre -List Dated, And Pre -List Dated-02/16/2012 TOTAL $607,768.02; and Credit Card Transactions Dated 11/27/11 12/26/11 TOTAL $10;250.15 and Credit Card Transactions Dated 12/27/11 — 127/12 TOTAL $10,212.85 D. Resolution No. 2012 -29 Authorizing Issuance and Sale of $33,690 EEP Special Ass_ essment Revenue Bon, Series 2012A (Taxable) E. Resolution No. 2012 -34 Supporting the Metropolitan Council's 2012 Request For Bonding F. Second Reading — Ordinance No. 2012 -04 Amending Section 1230.06 Tobacco Use In City Parks G. Traffic Safety Report Of January 4, 2012 H. Resolution No. 2012 -35 Receiving the Feasibility Study For Tracy Avenue Roadway Reconstruction Project Improvement No. BA -368. I: Request For Purchase — One'Ton 4X4 Truck Chassis - Braemar Golf Course J. Resolution No. 2012 -36 Approving Lot Division For 4236 Lynn Avenue K. Hornet's Nest Working Group — Edina Park Board V. SPECIAL RECOGNITIONS AND PRESENTATIONS A. Officer Of The Year VI. PUBLIC HEARINGS During "Public Hearings," the Mayor will ask for public testimony after City.staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long ps your testimony is Agenda/Edina City Council February 21, 2012 Page 2 relevant to the discussion. To ensure fairness to all speakers and to allow the efficient conduct of a publichearing, speakers must observe the following guidelines: • Individuals must limit their testimony to three minutes. The Mayor may modify times, as deemed necessary. • Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. • In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A. _PUBLIC HEARING —. St. Patrick's.Catholic Church, Temporary On -sale Intoxicating Liquor License (Favorable majority vote of Council Members present to approve) . B. PUBLIC HEARING — Community Development Block.Grant, Resolution No. 2012 -30. (Favorable majority vote of Council Members present to approve) C. PUBLIC HEARING — Modification To The Redevelopment Plan For The ..Southeast Edina Redevelopment Plan And The Proposed Modification To The Tax Increment Financing Plan For The Centennial Lakes Tax Increment Financing District (County No. 1203) — Resolution No. 2012-31 (Favorable majority vote of Council Members present to approve) VII. COMMUNITY COMMENT During "Community Comment," the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speaks on the same issue in the interest of time and..topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staff for consideration at a future meeting. VIII. REPORTS /RECOMMENDATIONS: (Favorable vote of majority of Council Members present to approve except where noted) A. Minnesota Restaurant Association Request Regarding Sale Prices Edina Code Section 900 B. 50`h & France Business & Professional Association's Request To Sell "VIP" Parking In The 5 -0 Mall Parking Lot During the Edina Art Fair C. Ordinance No. 2012 -5 Amending Section 900 of Edina City Code Concerning Liquor D. Resolution No. 2012 -33 Findings of Fact Denying Preliminary Plat With Variances At 6109 Oaklawn Avenue E. Pre- recodification Ordinance Amendments: 1. Ordinance No. 2012 -6 Amending the Edina City Code Concerning Boards And Commissions 2. Ordinance No. 2012 -7 Amending Chapter 4 of the Edina City Code Concerning Building, Construction and Signs 3. Ordinance No. 2012 -8 Amending City Code Concerning Noise, Ventilation and Swimming. Pools Agenda /Edina.City Council February 21, 2012 Page 3 F. Resolution No. 2012 -32 Accepting Various Donations IX. CORRESPONDENCE AND PETITIONS A. Correspondence X. MAYOR AND COUNCIL COMMENTS XI. MANAGER'S COMMENTS XII. ADJOURNMENT EDINA HOUSING & REDEVELOPMENT AUTHORITY I. CALL TO ORDER II. APPROVAL OF MINUTES OF HRA -Regular Meeting of January 17, 2011 III. Resolution No. 2012 -3 Approving The Modification To The Redevelopment Plan For The Southeast Edina Redevelopment Plan The Proposed Modification To The Tax Increment Financing Plan For The Centennial Lakes Tax Increment Financing District (County No. 1203) (Favorable vote of majority of Commissioners Present to Approve) IV. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927- 886172 hours in advance of the meeting. Tues Feb 21 Joint Work Session - EEC 5:30 P.M. COMMUNITY ROOM Tues Feb 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Feb 28 Joint Work Session With Pin Comm & Grandview Str Com. 5:30 P.M. COMMUNITY ROOM Tues Mar 6 Work Session -TBD 5:30 P.M. COMMUNITY ROOM Tues Mar 6 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Mar 19 Annual Boards & Commissions Dinner Meeting 5:00 P.M. HUGHES PV. CENTENNIAL LAKES Tues Mar 20 Work Session — Sports Dome Report 5:00 P.M. COMMUNITY ROOM Tues Mar 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 3 Work Session — Neighborhood Identification Steering Comm. 5:30 P.M. COMMUNITY ROOM Tues Apr 3 Regular_ Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 17 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues Apr 17 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS ' 4on Apr 23 Annual Volunteer Reception 5:00. P.M. VALLIERE RM WARREN HYDE CLUB HS ?s May 1 Work Session —TDB 5:30 P.M. COMMUNITY ROOM ues May 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues May 14 Work Session —TDB 5:30 P.M. COMMUNITY ROOM Tues May 14 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon May 28 MEMORIAL DAY HOLIDAY OBSERVED — CITY Hall Closed MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 6, 2012 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:08 p.m. 11: ROLLCALL Answering rollcall were Members Bennett, BHndle,,Sprague, Swenson and Mayor Hovland. lll. MEETING AGENDA APPROVED Member Bennett made a motion, seconded,by Member Swenson, approving the meeting agenda. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland . Motion carried. IV. CONSENT AGENDA ADOPTED Member Brindle made a motion, seconded by Member Sprague, approving the consent agenda as revised to remove Item IV.D., Prosecutor Contract 2012- 2015;,and, Item IV.E., Resolution No. 2012 -23, approving lot division of 5239 Highwood Drive, 6008 and 6000 Pine Grove Road, as follows: IV.A. Approve regular and work session meeting minutes of January 17, 2012, and Work. Session of January 23, 2012 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated January 19, 2012, and consisting of 27 pages; General Fund $191,069.41; Communications Fund $18,226.00; Police Special Revenue $262.44; General Debt Service Fund $2,000.00; City Hall Debt Service $2,100.00; Working Capital Fund $7,035.90; Equipment Replacement Fund $15,466.16; Art Center Fund $2,063.89; Golf Dome Fund $16,950.07; Aquatic Center Fund $198.00; Golf Course Fund $11,168.11; Ice Arena Fund $6,384:47;. Edinborough /Centennial Lakes Fund $1,582.02; Edinborough Park Fund $2,751.29; Centennial Lakes Park Fund $1,973.64; Liquor Fund $130,410.98; Utility Fund $64,532.84; Recycling Fund $38,820.60; PSTF Agency Fund $1,960.47; Payroll Fund $1,702.35; TOTAL $516.658.64 and for approval of payment of claims dated January 26, 2012, and consisting of 25 pages; General Fund, $430,281.38; Communications Fund $7,965.69; Police Special Revenue $614.96; Working Capital Fund $14,632.61; Construction Fund $341.00; Art Center Fund $2,170.19; Golf Dome Fund $2,667.19; Aquatic Center Fund,$45.96; Golf Course Fund $440.53; Ice Arena Fund $2,531.71; Edinborough /Centennial Lakes Fund $18,586.88; Edinborough Park Fund $11,774.30; Centennial Lakes Park Fund $1,272.24; Liquor Fund $133,207.40; Utility Fund $30,839.80; Storm Sewer Fund $7,362.81; PSTF Agency Fund $30,362.59; Payroll Fund $5,034.25; TOTAL $700.131.49; and, for approval of payment of claims dated February 2, 2012, and consisting of 28 pages; General Fund $392,550.74; Communications Fund $2,669.08; Police Special Revenue $23,007.49; FIR Debt Service Fund $3,000.00; Working Capital Fund $68,202.72; Equipment Replacement Fund'.$9,981.15; Construction Fund $3,878.62; Art Center Fund $4,392.29; Golf Dome Fund $32.36; Aquatic Center Fund $455,243.49; Golf Course Fund $21,770.36; Ice Arena Fund $2,788.94; Edinborough/Centennial Lakes Fund $556.47; Edinborough Park Fund $6,640.43; Centennial Lakes Park Fund $771.37; Liquor - Fund $131,788.12; Utility Fund $1,786,383.49; Storm Sewer Fund $30,181.66; Recycling Fund $66.29; PSTF Agency Fund $1,490.62; TOTAL $2,945,395.69. IV.C. Waive Second Reading Adopting Ordinance No. 2012 -03 Amending Section 905 Open House Parties Page 1 . Minutes /Edina City Council /February 6. 2012 IV.F. Request for Purchase, Job Evaluation /Classification Consultant Project, awarding the bid to the recommended low bidder, TruSight, Inc. at $40,972.50. IV.G. Request for Purchase, Millwork Supply, Edina Liquor York Remodel, awarding the bid to the recommended low bidder, Aaron Carlson at $32,756.40. W.H. Request for Purchase, Resilient Flooring and Carpeting, Edina Liquor York Remodel, awarding the bid to the recommended low bidder, MCI (Multiple Concepts Interiors) at $34,200.00 IV.I. Request for Purchase, Electrical Work, Edina Liquor York Remodel, awarding the bid to the recommended low bidder, Burnsville Electric at $29,100.00 IV.J. Approve Temporary On -Sale 3.2 Beer License Our Lady of Grace Church for their Lenten Fish Fry on March 23, 2012 IV.K. Request for Purchase, Street Sweeper, awarding the bid to the recommended low bidder, MacQueen Equipment, Inc. at $181,333.00 IV.L. Request for Purchase, Survey Equipment, awarding the bid to the recommended low bidder, Leica Geosystems at $25,398.50 IV.M. Adopt Resolution 2012 -24 correcting Resolution No. 2010 -58 — designating bicycle lanes on West 58th Street between France Avenue and Xerxes Avenue and designating a 25 mph speed limit IV.N. Waive First Reading Ordinance No. 2012 -04, amending the Edina City Code concerning the use of tobacco in City parks IV.O. Adopt Resolution 2012 -25, changing public hearing date to March 6, 2012, Tracy Avenue Roadway Reconstruction BA -368 IV.P. Approve Edina Emerald Energy Program (EEEP) Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA IV.D. PROSECUTOR CONTRACT 2012 -2015 APPROVED AS AMENDED Manager Neal stated he had every confidence in the decorum and skill of the prosecuting attorney, having personally seen+r;g his work in court. Mr. Neal stated that Mr. Leach handled a tremendous workload with skill and respect his WGFk With t . The Council acknowledged the City's prosecuting attorney was the "face of Edina." Member Swenson made a motion, seconded by Member Sprague, approving prosecutor contract 2012 -2015, amending Section 3c to reflect the postage was 50 cents per mailing piece and Section 4 to indicate: "The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for malpractice and provide evidence of the same to the City." Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IV.E. RESOLUTION NO. 2012 -23 ADOPTED — APPROVING LOT DIVISION OF 5239 HIGHWOOD DRIVE, 6008 AND 6000 PINE GROVE ROAD Planning Director Teague indicated the drainage and utility easements would remain in the property owner's back yard. Member Swenson introduced and moved adoption of Resolution No. 2012 -23, approving a lot division of 5239 Highwood Drive, 6008 and 6000 Pine Grove Road, with correction to the compliance chart relating to lot width, both existing and proposed of 5329 Highwood Drive, from 181 feet to 60 feet. Member Bennett seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS None. Page 2 Minutes /Edina City Council /February 6. 2012 Vl. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VI.A. PRELIMINARY PLAT AND VARIANCES, REFINED LLC, 6109 OAKLAWN AVENUE — DENIAL FINDINGS OF FACT ORDERED Planning Director Presentation Planning Director Teague presented the request of Refined LLC to subdivide the property at 6109 Oaklawn Avenue into two lots; lot width variances from 75 feet to 50 feet for each lot; and, lot area variances from 9,000 square feet to 6,699 and 6,693 sq. ft. The existing single - family home would be torn down and two new single - family homes would be built on the new lots. The result would be turning the lot into two 50- foot lots as it was originally platted. In 1951 the ordinance was amended to require new lots to be 75 feet in width and a minimum of 9,000 sq. ft. in lot size but this lot had been platted prior to that amendment. In this area, the median lot width was 50 feet and the median lot size was 6,701 sq. ft. so the two proposed lots would be just under the lot size median. The primary issue considered by staff and the Planning Commission was if the variance findings were met in this instance. Mr. Teague presented each of the required variance findings and the Planning Commission's determination on which its recommendation for approval was based. A map was displayed depicting three two locations where similar lot subdivisions had already been approved. Mr. Teague advised the Planning Commission, at its January 11, 2012, meeting recommended approval of the preliminary plat and variances on a 6 to 3 vote subject to the findings and conditions as detailed in the staff report dated January 11, 2012. Proponent Presentation Andy Porter, Refined LLC, representing the property owner, stated the proponents were pleased to have received staff support and the Planning Commission's logical conclusion to overwhelmingly support this proposal. He clarified it was their preference and plan to market the opportunity to build a new home to individuals and families; however, it was not yet known who that client would be or the type of home the client would prefer. Mr. Porter indicated the proponent would abide by Edina's massing ordinances, one of the most restrictive in the metro area. He addressed the issue of tree impact, noting the City currently does not have a tree ordinance in place so any property owner had the right to trim, remove, or plant trees on their property. Mr. Porter believed that creating two lots would match the flow of this neighborhood's established lotscape that had been intentionally platted as two 50 -foot lots. Mayor Hovland opened the public hearing at 7:25 p.m. Public Testimony Janey Westin, 6136 Brookview Avenue, addressed the Council. James Durr, 6100 Oaklawn Avenue, addressed the Council. Mark Petersen, Petersen, PLC, 228 East Chestnut Street, Suite 3, Stillwater, Minnesota, representing Sawbill Strategic, Inc. (SSI), addressed the Council. In response to the question of ownership raised by Mr. Petersen, Attorney Knetsch advised the City's ordinance did not specify who had to sign the application so the fact that SSI had not joined the application did not result in an incomplete application. Under Minnesota statute, ownership interest was not extinguished because of a Sheriffs sale and the property owner of record retained the ability to redeem the property for a period of six months. The City's determination was whether the variance standards were met and the involvement of SSI and Mr. Bohlander (property owner of record) would not factor into that determination. The City had 120 days to take action on the subdivision application, once deemed complete. The Council discussed the ownership situation and whether the application should be withdrawn until an agreement was reached between the two parties. Mr. Porter stated he was part of the application and it was his understanding that Mr. Bolander (property owner of record) had a redemption period so Mr. Page 3 Minutes /Edina City Council /February 6. 2012 Petersen's signature was not required to file for subdivision. Before the subdivision was filed the proponent would close on the property, allowing Mr. Bolander to redeem with his lenders. The redemption period does not expire until May. Mr. Bolander, applicant and property owner of record, stated that was also his understanding of the process and that he had the right to redeem the property. He believed Refined, LLC had properly handled the application and would do what was right for the property and neighborhood. If the subdivision was approved, the closing with Refined LLC, would occur prior to expiration of the redemption period and he would be able to redeem the property. Kathy McGuire, 6104 Oaklawn, addressed the Council. Mickie Turk, 6141 Brookview Avenue, addressed the Council. Dick Whitbeck, 6128 Brookview Avenue, addressed the Council. Bill Landgren, 6104 Brookview Avenue, addressed the Council. Jackie Whitbeck, 6128 Brookview Avenue, addressed the Council. Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. The Council and Mr. Teague addressed questions raised during public testimony. Mr. Teague indicated the required side yard setback on a 50 -foot wide lot was 5 feet compared with a required side yard setback of 10 feet on a 100 -foot wide lot and an additional 6 inches of setback was added for every foot above 15 feet in building height. The maximum height was 35 feet (measured from existing grade), bay windows were not exempt from required setbacks, the front yard setback was the average of homes on either side (not average setback of the entire block), a detached garage could be constructed within three feet of the property line, and the allowable lot coverage on a 50 -foot lot was 2,250 sq. ft. (which could result in a 4,400 sq. ft. home). The Council discussed setbacks resulting from different building heights and required first floor elevation. It was noted the City of Minneapolis' zoning code fequiFed measured floor area ratio limiting it to 50% of lot area which was more restrictive than Edina's ordinance. Mr. Teague stated Edina had considered a floor area ratio but it was not approved. The Council noted there was about a two -foot elevation difference between the two lots, if approved. Mr. Teague indicated the building height would be measured from the existing grade and the first floor elevation could not exceed the first floor elevation of the existing home. The Council discussed whether a condition could be placed that closing occur prior to expiration of the redemption period. Mr. Knetsch indicated such a condition was not viable as it was not enforceable and Mr. Bolander was correct that if the property was redeemed it would extinguish the interest of SSI and eliminate the need for their consent to file the plat. The Council acknowledged the Zoning Code did not allow the ability to require design review. It was pointed out that this neighborhood was originally platted, including Pamela Park, into 50 -foot lots but was actually developed with varied lot widths, 50 -foot, 60 -foot, 70 -foot, 100 -foot, and even wider lots. The Code was amended in 1951 to require a minimum lot width of 75 feet and area of 9,000 sq. ft. Staff was Page 4 Minutes /Edina City Council /February 6. 2012 asked whether there had been a downward departure defined or formula specified in the Code. Mr. Teague indicated there was not except for lots in excess of 75 feet in width or 9,000 sq. ft. in area. Mr. Teague clarified that practical difficulties was not self created because the applicant had not created the 100 -foot lot. The practical difficulty was that everyone else on the block had a 50 -foot wide lot and if this application was not approved, this property owner would be denied a property use that all other property owners on the block enjoyed. With regard to drainage, Public Works Director /City Engineer Houle advised the grades would be reviewed. In this neighborhood of smaller lots and difficult infiltration soils, the applicant would be required to direct drainage from at least 50% of the area towards the street and connect downspouts and sump pumps to the drain tiles at the curb. Member Bennett indicated she does not find a practical difficulty with this application because the owner had the same right to live on, develop, and redevelop the property as any other lot owner, regardless of lot width, and economic considerations alone would not constitute practical difficulties. In addition, the Code required a 75 -foot lot width and does not contemplate, prescribe, or regulate a departure downward; the City was required to find that a variance was consistent with a variance consistent -w �-r th th'e Comprehensive Plan; the proposal would result in impacts to neighboring privacy, and approval would break faith with existing neighborhood residents who had purchased their property in reliance on the zoning code. Mr. Teague noted this was a 100 -foot lot of record as opposed to a 50 -foot lot of record as every other lot on the block. He indicated another consideration was the "reasonable use" standard and if the application was denied, it would deny the use previously granted to a property owner a block away. With regard to consistency with the Comprehensive Plan, Mr. Teague explained the application was not in harmony with the Code, resulting in the request for the variances. In terms of the Comprehensive Plan it does not prescribe zoning ordinance requirements. The site was guided for single - family homes, as being proposed by the applicant. Member Brindle indicated she would not support the application because she felt the existing 100 -foot lot created more benefit to the neighborhood than the creation of two 50 -foot lots. She stated the existing 100 -foot lot contained three landmark oak trees, provided an aesthetic, an area of relief in a neighborhood of 50 -foot lots, and swale to collect water. In addition, she would not want the City to become involved in the legal battle between the two property owners during the redemption period. Member Sprague stated his intention to support the application since this request was similar to previously approved subdivisions and the same findings should result in the same conclusion. He believed new development would not preclude quality of life and noted the house to be built was controlled by the Zoning Code relating to setbacks and the market would dictate housing style. With regard to the finding of practical difficulties, Mr. Knetsch supported Mr. Teague's comments and indicated the property owner cannot enjoy a 50 -foot wide lot like others on the block, which was a distinction. Member Swenson stated she would not support the application because while this street might have all 50 -foot lots, the block does not and contained three very large lots. Member Sprague introduced and moved adoption of Resolution No. 2012 -27, approving a preliminary plat with variances at 6109 Oaklawn Avenue based on the following findings as noted in the written document. Mayor Hovland seconded the motion. Ayes: Sprague, Hovland Page 5 Minutes /Edina City Council /February 6. 2012 Nays: Bennett, Brindle, Swenson Motion failed. Member Swenson made a motion, seconded by Member Brindle, directing staff and the City Attorney to prepare written findings of fact for denial of the requested preliminary plat with variances at 6109 Oaklawn Avenue for consideration at the February 21, 2012, Council meeting. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VI.B. SITE PLAN — PRIMROSE SCHOOL OF EDINA, MINNESOTA /CHILDEN'S DESIGN GROUP, 7401 METRO BOULEVARD — RESOLUTION NO. 2012-28 ADOPTED Planning Director Presentation Planning Director Teague presented the request of Children's Design Group for a site plan review to develop the recently fecreated lot at 7401 Metro Boulevard with a Primrose Day Care Center. He indicated the project meets all minimum zoning standards. This use would have 20 employees and 180 children, at a maximum, so 480 parking stalls would be required. The site plan identified 485 stalls and proof of parking to 506 stalls on the site. The parking study indicated 309 stalls would adequately serve these two uses and the existing roadway system could support the project. The Planning Commission, at its January 11, 2012, meeting recommended approval of the site plan subject to the findings and conditions as detailed in the staff report dated January 11, 2012. The Council discussed the shared parking arrangement between the proposed use and office use and drainage of the parking lot. Mr. Houle stated the property was required to have an infiltration system that retained the first inch of any storm event. Proponent Presentation Michael Brandt, 2676 Whitehurst Road, Deland, Florida, representing the applicant, stated this was a new facility with an existing franchisee for a second school. He clarified there would be 22 employees and children as young as six weeks. He indicated the proposal met State mandates relating to number of employees and square footage and peak timing for drop -off and pick -up of students. The Council discussed the application including setbacks, building height and coverage, drive aisles, and parking. Mayor Hovland opened the public hearing at 8:55 p.m. Public Testimony No one appeared to comment. Member Sprague made a motion, seconded by Member Bennett, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution No. 2012 -28, approving a site plan for 7401 Metro Boulevard, based on the following findings: 1. The proposal would meet the required standards and ordinances for a Site Plan. 2. Spack Consulting conducted a traffic impact and parking study, and concluded that the existing roadway system could support the proposed project, and there would be more than enough parking. And subject to the following conditions: Page 6 Minutes /Edina City Council /February 6. 2012 1. Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: • Site plan date stamped November 28, 2011 • Grading plan date stamped November 28, 2011 • Landscaping plans date stamped November 28, 2011 and January 5, 2012 • Building elevations date stamped November 28, 2011 and January 6, 2012 • Building materials board including colors as presented at the Planning Commission and City Council meeting. 2. Prior to issuance of a building permit, a final landscape plan must be submitted, subject to staff approval. Additionally, a performance bond, letter -of- credit, or cash deposit must be submitted for one and one -half times the cost amount for completing the required landscape, screening, or erosion control measures. 3. Before issuance of a building permit, a shared parking arrangement with the southern lot must be executed. 4. The property owner was responsible for replacing any required landscaping that dies. S. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the District's requirements. 6. A construction management plan will be required for the construction of the new building. 7. Compliance with the conditions required by the City Engineer in his memo dated January 5, 2012. Member Swenson seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VII. COMMUNITY COMMENT No one appeared to comment. Vill. REPORTS/ RECOMMENDATIONS VIII.A. RESOLUTION NO. 2012-22 ADOPTED —ACCEPTING VARIOUS DONATIONS Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Brindle introduced and moved adoption of Resolution No. 2012 -22 accepting various donations. Member Sprague seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII.B. APPOINTMENTS MADE TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES Member Swenson thanked Clerk Mangen for her support during the interview process and presented the recommended slate of appointments and reappointments. Member Swenson made a motion, seconded by Member Bennett, approving the following new appointing with a term ending February 1, 2015 unless noted differently: Art Center Board: Marsha Buchok and Ray Meifert; Board of Appeal & Equalization: Steven Suckow; Community Health Committee: Nancy Ott- Pinckaers, M.D.; Construction Board of Appeals: Scott Busyn; Energy & Environment Commission: John Heer and Tim Rudnicki; Heritage Preservation Board: Jennifer Christiaansen, Joyce Mellom, and Peter Sussman; Human Rights and Relations Commission: Ron Erhardt; Park Board: Daniel Geiseke and Kathryn Peterson and School Board Representative Cathy Cella with a term ending February 1, 2013; and, Transportation Commission: Surya lyer, Tom LaForce, and Courtney Whited. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Page 7 'Minutes /Edina City Council /February 6. 2012 Member Swenson made a motion, seconded by Member Brindle, approving the following reappointments: Art Center Board: Colin Nelson with a term ending February 1,' 2014; Community Health 'Committee: Adrian Qureshi, M.D. with a term ending ' February 1, 2014; Human' Rights 4 Relations Commission:. John Cashmore with a term ending February 1; 2013; Park Board: David Deeds with a term ending February 1, 2014; and Planning Commissions Michael Schroeder with a term ending Februaryl, 2015. Ayes:'Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII.C. ENERGY IMPROVEMENT — GRANDVIEW TIRE AND AUTO, 5415 WEST 70TH STREET — 'RESOLUTION NO.'201246 ADOPTED _ Utility` Engineer Struve. presented the request of Grandview Tire and Auto, 5415 70`h Street, requesting $31;686 from-the Edina Emerald Energy Program (EEEP) to be a special assessment against!the propert y. This was ,a portion.of the $131,375 construction costs to install solar panels on top of its facility, which would reduce energy consumption: It.was noted that per City policy, capitalimd:interest would be_added to the amount_ requested to,,bring the, total assessment levied against the property, to: $34;030: Staff recommended approval. The Council discussed and - agreed to waive the 2% overhead proposed to be charged above the loan interest rate of 7% since the City had received a $10,000 grant to defray the City's costs to start this pilot program. Mr. Struve stated the attorney had agreed to cap legal costs for. drafting the forms and agreements at $10,000 (the grant amount). The Council discussed the benefit of securing lower cost financing to assure the project /program was successful since it served the public purpose of energy savings. Mr. Neal indicated this had been a pilot project, treated as such, and administrative costs to administer the debt would be nominal. Rick Murphy, Grandview Tire and Auto, stated if the 2% overhead was waived, he would make application to the PACE for a loan of $31,686. He stated 7% interest was higher than market rate but it was an investment on their behalf to make the program work. It was noted that even if the City did not charge 2% overhead above the bond rate, the full cost of the bonds would be repaid by ,the assessment to the applicant. The Council acknowledged a similar conduit financing had been used with Fairview Southdale Hospital and the Volunteers of America and the public purpose was environmental benefit. Member Swenson introduced and moved adoption of Resolution No. 2012 -26, approving agreement and adopting assessment, waiving the 2% overhead charge since the City received a grant to defray legal costs. Member Brindle seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. - IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of Various correspondence. X. MAYOR AND COUNCIL COMMENTS — Received Xl. MANAGER'S COMMENTS— Received XII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared-the meeting adjourned at 10:20 p.m. Respectfully submitted, Page .8 Minutes /Edina City Council /February 6, 2012 Debra A. Mangen, City Clerk Minutes approved by Edina City Council, February 21, 2012. James B. Hovland, Mayor Video Copy of the February 6, 2012, meeting available. Page 9 MINUTES OF THE JOINT WORK SESSION OF THE EDINA CITY COUNCIL AND EDINA HUMAN RIGHTS AND RELATIONS COMMISSION HELD AT CITY HALL FEBRUARY 6, 2012 5:35 P.M. Mayor Hovland called the meeting to order at 5:35 p.m. in the Community Room of City Hall. Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland. Members of the Human Rights and Relations Commission attending the meeting included: Arnold Bigbee, John Cashmore, Lisa Finsness, Chair Jessica Kingston, Meg Grace Newell, Janet Seidman, Russell Stanton who entered at 5:45 p.m. and Stephen Winnick. Staff attending the meeting: Jennifer Bennerotte, Communications & Marketing Director; Susan Howl, Administrative Assistant; Karen Kurt, Assistant City Manager; Debra Mangen, City Clerk; Scott Neal, City Manager and Lisa Schaefer, Human Resources Director. Mayor Hovland explained the purpose of the meeting was to discuss issues of mutual concern. REVIEWED RESOLUTION OF THE LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSION STATING OPPOSITION TO CHANGING THE MINNESOTA CONSTITUTION IN ORDER TO BAN THE LEGAL RECOGNITION OF SAME SEX RELATIONSHIPS AND UNIONS Chair Kingston referred to her letter requesting the City Council to join the HRRC in endorsing the Minnesota League of Human Rights Commission's opposition to the Constitutional Amendment. HRRC Members and the City Council discussed the reasons to join the resolution. Council directed the HRRC to craft a resolution for consideration on their March 20, 2012 Agenda. DRAFT PUBLIC MEETINGS AND RELIGIOUS OBSERVANCE POLICY Assistant City Manager Kurt reviewed the draft policy regarding public meetings and religious observances. Following further research, an updated list will be brought forward for Council's review. Consensus was reached that board and commission members will not be exempted from attendance requirements on days of religious observance not included in the policy. The ''^firms°'^^ and disc seed the pessi �v r....rr:,:: mss �,smea�::r.�rr. err_r ■ rrssnt� i ■ T.:, HUMAN RIGHTS AND RELATIONS COMMISSION 2012 WORK PLAN The Commission reviewed with the City Council their proposed work plan which included the following initiatives: Monitor Domestic Partner Ordinance, Initiate Census Research Funding Recommendation, Update Bias /Hate Crimes Response Plan, Nazi Persecution of Homosexuals, Anti - Bullying Event and Education, Marriage Amendment Forum, Diversity Awareness Event, Days of Remembrance, and Somali Relief Efforts. They also reviewed their administrative and calendar events. The Council thanked the Commission for their work. Mayor Hovland declared the meeting adjourned at 6:55 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, February 21, 2012. James B. Hovland, Mayor Page 1 CORRECTED MINUTES — SEE PAGE FIVE I AGENDA ITEM IV. B MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 17, 2012 7:07 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:07 p.m. II. ROLLCALL Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland. 111. MEETING AGENDA APPROVED Member Brindle made a motion, seconded by Member Sprague, approving the meeting agenda. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion,carried. IV. CONSENT AGENDA ADOPTED Member Bennett made a motion, seconded by Member Swenson, approving the consent agenda as revised to remove Items IV.I., Request to Purchase — Ice Resurfacer — Braemar Ice Arena; and, IV. L., Engineering Services for Bike Boulevard Improvement, as follows: IV.A. Approve regular and work session meeting minutes -of January 3, 2012, work session of January 4, 2012, and work session of January 9, 2012. IVX. Receive payment of the following claims as shown in detail on the Check Register dated January 5, 2012, and -consisting of 31 pages; General Fund $138,731.15; Communications Fund $11.54; Working Capital Fund $29,815.63;..Art Center Fund $6,694.34; Golf Dome Fund $3,095.61; Aquatic Center Fund $57.26; Golf Course Fund $11,631.46; Ice Arena Fund $145.00; Edinborough /Centennial Lakes Fund $18,607.85; Edinborough Park Fund $1,584.00; Centennial Lakes Park Fund $1,94734; Liquor Fund $248,347.79; Utility Fund $851,313.09; Storm Sewer Fund $909.34; PSTF Agency Fund $4,544.52; TOTAL $1.317.436.12 and for approval of payment of claims dated January 12, 2012, and consisting of 29 pages; General Fund $882,319.93; Communications Fund $1,022.82; Police Special Revenue $182.79; Working Capital Fund $55,004.71; Equipment Replacement Fund $18,895.50; Construction Fund $6,112.65; Art Center Fund $3,813.59; Golf Dome Fund $3,206.00; Aquatic Center Fund $8,344.78; Golf Course Fund $9,015.22; Ice Arena Fund $31,473.91; Edinborough /Centennial Lakes Fund $8,615.77; Edinborough Park Fund $450.00; Centennial Lakes Park Fund $1,263.43; Liquor Fund $170,801.26; Utility Fund $398,166.87; Storm Sewer Fund $8,450.87; PSTF Agency Fund $408.33; Payroll Fund $5,101.39; TOTAL $1.612.649.82. IV.C. Adopt Resolution No. 2012 -16 approving grant with Minnesota Bureau of Criminal Apprehension, Minnesota Financial Crimes Task Force for 2012. IV.D. Request Ito Purchase, two 2012 GMC Sierra 1500 AWD.Ext Cab SLE, Police Department, awarding the bid to the recommended low bidder, Nelson Auto Center at $49,337.26. IV.E. Request to Purchase, one 2013 Ford Police Interceptor Sedan, Police Department, awarding the bid to the recommended, low bidder, Nelson Auto Center at $26,527.61. IV.F. Request to Purchase, one 2012 Ford Explorer 4WD, Police Department, awarding the bid to the recommended low bidder, Midway Ford at $24,459.40. IV.G. Request t6Purchase, one 2012 Chevrolet Traverse AWD, Police Department, awarding the bid to the recommended low bidder, Thane Hawkins Polar Chevrolet at $24,525.35. IV.H. Request to Purchase, two LUCAS Chest Compression Devices, Fire Department, awarding the bid to the recommended low,bidder, Physio Control at $26,373.50. IV�I� Req,►ert to ke -Resa FfaGeF — Braemar lap A mna IV.J. Adopt Resolution 2012 -20 Requesting MnDOT funding for Tracy Avenue and TH62 ramp intersections. Page 1 Minutes /Edina.City Council /January 17, 2012 IV.K. Adopt Resolution 2012 -21 requesting Mn /DOT funding for France Avenue and TH62 ramp - intersections. IV.M. Approve First Reading — Ordinance No. 2012 -03 amending Section 905 Open House Parties. IV.N. Adopt Resolution No. 2012 -22 approving Agreement. No. 00354 'Minnesota Department of Transportation —,Bike Boulevard Project. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA IV.I. REQUEST TO: PURCHASE — ICE,RESURFACER — BRAEMAR ICE ARENA - APPROVED , , Manager Neal indicated there were three electric Zamboni machines at Braemar and -life expectancy was 20 years. Member Sprague , made a motion, seconded by Member Swenson, awarding contract for ice resurfacer, Braemar Ice Arena, to the . recommended low bidder, Frank J. Z.ambonV & Company, Inc. at $1081111.77. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IV.L. ENGINEERING SERVICES FOR BIKE BOULEVARD IMPROVEMENT — APPROVED Public Works Director /City Engineer Houle explained the current project would not include g6ometric.changes where the bicycle path passes under Highway 62. Staff would.research options for that area.- but additional funding would be needed to change the geometric design of that area. Member Sprague made a: motion, seconded by Member Bennett, authorizing the City Manager to approve the proposal ,fo'r engineering services for Bike Boulevard improvement. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Mr. Houle reported the City had received a.$250,000 Transit for Livable Communities grant and described-the alignment of the bicycle lane that would be constructed. V. SPECIAL RECOGNITIONS AND PRESENTATIONS None. Vt. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VI.A. COUNTRYSIDE NEIGHBORHOOD ROADWAY IMPROVEMENT NO. BA-385 - RESOLUTION NO. 2012 -18 ADOPTED Assistant Engineer Sullivan provided an explanation of how the Engineering Department prioritized neighborhood reconstruction .projects. He answered questions of the Council, explaining the Storm Sewer Comprehensive Plan was used to identify deficiencies so repairs could be integrated into the- projects. It was noted the Pavement Condition Index (PCI) was a proven program to identify'substrata deterioration based on pavement condition. Mr. Sullivan summarized the Countryside Neighborhood roadway improvement that had been initiated by the City. He .identified the project area of 120 homes, described existing conditions, and: the proposed improvements to add new concrete curb and gutter, tighten oversized intersections, and install sidewalks as recommended by the Edina Transportation Commission (ETC). He advised that during neighborhood informational meetings, residents did not respond favorably to the installation of sidewalks but were not aware of the ETC's recommendation. The anticipated cost at preliminary design to add sidewalks was $1,700 per Residential Equivalent Unit (REU). Mr. Sullivan presented the proposed utility improvements including installation of sump drain pipe at the curb line to address groundwater issues. The preliminary project cost was estimated at $2,833,725 that included Page 2 Minutes /Edina City, Council /January 17, 2012 $1,433,725 for street improvements and $1,400,000, for-City-owned utility repairs, which would'be funded from respective utility funds. The City would pay $1,400,000 and benefitting properties would be assessed $1,433,725. Based on the City's Special Assessment Policy, there would be 116 REUs to be assesse&at $12,360 per REU. 114 properties would be assessed at one REU each and six properties would be assessed at '1/3 REU each; or $4,120 Mr. Sullivan presented the project schedule. Staff recommended, authorization to complete plans and specifications and take bids if the Council found this project to be necessary, cost- effective, and feasible. The Council discussed the project and asked questions of Mr. Sullivan who explained the 1%: -inch copper water main was common in the 1960 -70's; however, it was not adequate for fire suppression and would be upgraded to .a six -inch main. The water service to the 120 REUs would be increased from a % -inch copper service pipe to a one -inch copper service pipe. Mr. Sullivan stated staff would provide residents with a list of plumbing contractors, which would also be made available on the City's website. Mr. Sullivan addressed locations of drainage problems and described intended improvements to resolve those issues. The City would fund storm sewer improvements from'the Storm Sewer Fund, and the resident would be responsible to make th6sump.0ump drain connection to—the curb -side, if desired. He noted that reducing pavement surface at intersections would minimize runoff, and barrier style curb and gutter would extend the pavement life by addressing runoff and protecting pavement edges. Mr. Sullivan stated this project included more utility work than most projects. He noted the assessment to benefiting properties was higher because the lots were larger, creating a lower density. The Council asked why residents were not surveyed about curb and gutter. Mr. Sullivan stated the question of curb and gutter used to be included on the resident survey, and the answer was that the vast majority did not want it. In 2005, the Council decided to fund curb and gutter from the Storm Sewer Fund and to change calculation of REU from a front footage basis to a per lot basis. Staff would still recommend including curb and gutter even though residents might not support it. It was noted there 'had been several past projects where residents opposed' concrete curb and gutter and then later indicated that was a mistake due to issues with snow plowing and cars parking on their yard area. Mr. Sullivan stated staff would coordinate with residents to address existing yard elevations to create a smooth transition from the curb. If the grades for a low area could not be addressed, there was opportunity to install sump pump drain tile. The Council asked staff to assure road widths and turning radii were taken into account to assure;safety if the walkway was within the street. The Council discussed the 2009 Safe Routes to School Study, noting it was a speed zone study for collector streets and did not include recommendations about future sidewalk and pedestrian facilities. Mr. Sullivan displayed a map of the neighborhood that identified the elementary school walking shed. Mr. Houle indicated the City does not have a Comprehensive Safe Routes to School Plan at this time, but it was on staff's to -do list, along with looking at the Safe Routes To School, updating the Sidewalk Plan and addressing alternate means of funding. The Council acknowledged residents were not made aware of the sidewalk component at the September and October open houses since the ETC did not make its recommendation until November 17, 2011. With regard to storm drainage, Mr. Sullivan stated the goal was to capture and redirect water that drained down Crescent Lane to alleviate that problem. The intention was to make improvements only as necessary, not overbuild, and keep costs down to an absolute minimum. Mr. Sullivan addressed improvement funding, noting about 20% of the property taxes come to the City so not many projects could be completed if the projects were not assessed to the benefiting property. Mr. Sullivan explained that during the open houses, residents' concerns were addressed relating to trees, irrigation systems, and pet containment. He commented on the City's 20/20 vision to have a sound infrastructure for recreation and business, assure safety, and maintain a high level of pride in the community. Mr. Neal indicated that rating agencies look at whether the City had sound public infrastructure for purposes Page 3 Minutes /Edina City Council /January 17, 2012 of bonding or borrowing money. Being able to demonstrate a consistent record of addressing infrastructure in an orderly and timely manner was a positive in their determination. Mr. Neal stated Edina had an AAA bond rating adding that fewer than five percent of cities in the United States had such a rating with Moody's and Standards and Poors. Mayor Hovland opened the public hearing at 8:09 p.m. Public Testimony Rodger Peissig, 6116 Westridge Boulevard, addressed the Council. Itai Sher, 6112 Crescent Drive, addressed the Council. Robert Reed, 6223 Westridge Boulevard, addressed the Council. Tim McNamara, 6201 Crescent Drive, addressed the Council. Member Swenson made a motion, seconded by Member Sprague, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. The Council and Mr. Sullivan addressed issues raised during public testimony. With regard to cost variability, Mr. Houle explained the open house notices included an estimated number prior to topographic surveys or rough cost estimates. Staff had found the estimates quoted were not realistic, so future notices would contain costs and assessments on projects completed during the past five years. Mr. Houle noted with the current competitive bid environment, recent bids had been 10 -20% lower than staff's estimates. It was noted if the project bid comes in 10% or more above staff's estimates; it would be returned to the Council with a recommendation to not award the project. Mr. Houle stated if the project was approved, the final assessment hearing would be held and the first payment due on the spring tax bill of 2014. This neighborhood received its first project notice in 2010. Mr. Houle indicated staff would do a better job of marketing the projects and was considering whether to start the process three years prior instead of two years prior. In addition, utility companies were notified at the beginning of the process because there was a five -year moratorium against cutting into newly- reconstructed streets. In this case, the gas company was upgrading its lines. The Council acknowledged the concern expressed about road impact caused by garbage trucks and indicated the Energy and Environment Commission was currently studying that issue. The Council reviewed past project costs compared to staff's estimates, noting last year's assessments averaged 30% below. It was noted the Council had previously discussed the merits of curb and gutter and determined it was best engineering practices to dictate curb and gutter. The Council discussed its vision to provide safe walkable /bikable opportunities and agreed with the need to have a policy in place that also addressed safe routes to schools, walking routes, and funding mechanisms. It was also agreed the sidewalk decision for this project would be delayed to allow time for resident notification, input, and public hearing and additional study including the option of creating a Sidewalk Utility Fund. Member Swenson introduced and moved adoption of Resolution No. 2012 -18, receiving feasibility study and ordering improvement for Countryside Neighborhood Roadway Improvement No. BA -385 as recommended by Engineering to not include the sidewalk. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Page 4 Minutes /Edina City Council /January 17, 2012 VI.B. RICHMOND HILLS PARK NEIGHBORHOOD ROADWAY IMPROVEMENT NO. BA -388 —RESOLUTION NO. 2012 -19 ADOPTED Toby Muse, Short, Elliot Hendrickson (SHE), summarized the Richmond Hills Park reconstruction improvement that had been initiated by the City. He identified the project area, described existing conditions, and the proposed improvement to streets and utilities. Several intersections would be tightened to eliminate potential encroachment onto private property, slow speed of traffic, and make turning movements more deliberate. The project proposed barrier concrete curb and gutter on all streets along with concrete driveway aprons, but sidewalks were not proposed. Mr. Muse indicated sump pump drain tile would be installed at the curb to address ground water flow issues. If the project was approved, residents would receive a list of contractors and instructions about how to approach private contractors to do sanitary sewer service work. Mr. Muse stated the preliminary project cost was estimated at $6,583,000, with the City paying $3,710,000, and benefitting properties assessed $2,873,000, for street reconstruction and sanitary sewer service pipe between the trunk pipe and right -of -way line. There wee -wild be 171 Residential Equivalent Units (REUs) would be assessed a-eerit A $16,800 /REU including replacement of the sanitary sewer pipe and $13,400 /REU if the resident had already replaced the sanitary sewer pipe. Mr. Muse presented the project schedule. Staff recommended authorization to complete plans and specifications and take bids if the Council found this project to be necessary, cost - effective, and feasible. Paul Pasko, SEH, stated as of 2009 neighborhood streets had a Pavement Condition Index (PCI) of 25 and in 2012 a PCI of 10. In 2009, Normandale Court had a PCI of 19, and in 2012 a PCI of 9. He displayed a map of the subject neighborhood and identified the location of duplex properties that were considered as a single REU because the duplex shared a single driveway and property identification number as well as sanitary sewer and water service. With regard to the high estimated assessments, Mr. Houle noted the costs were similar to the per lot assessments in the Minnehaha Woods project, and utility replacement was needed with this project due to the high number of breakages. He explained the options to pay the assessment including full or partial payment by November 30, 2013, or collection through property taxes with the first payment due the spring of 2014. He also explained the deferral options for seniors or property owners with limited income. Mayor Hovland opened the public hearing at 9:05 p.m. Public Testimony K.K. Strand, 5521 Code Avenue, addressed the Council. Gerard Shannon, 5033 Kent Avenue, addressed the Council. Jane Stresnak, 5400 Richmond Lane, addressed the Council. Martha Dover, 5113 Richmond Drive, addressed the Council. Shawn Buss, 5024 Kent Avenue, addressed the Council. Yuriy Malinin, 5033 Richmond Drive, addressed the Council. Margaret Huber, 5025 Kent Avenue, addressed the Council. Doug Erickson, 2200 West 66th Street, #204, Richfield, addressed the Council. Alissa Movern, 5005 West 56th Street, addressed the Council. Page 5 Minutes /Edina City Council /January 17, 2012 Margaret Dahl, 5009 West 56th Street, addressed the Council. Susan Arenson, 5103 Windsor Lane, addressed the Council. Lucinda Winter, 5532 Code Avenue, addressed the Council. Dick Stresnak, 5400 Richmond Lane, addressed the Council. Dina Scholl, 5032 Windsor Lane, addressed the Council. Elizabeth Shannon, 5033 Kent Avenue, addressed the Council. Donald Reading, 5017 Kent Avenue, addressed the Council. Laura Giertsen, 5029 Yvonne Terrace, addressed the Council. Keith Thompson, 5017 Richmond Drive, addressed the Council. Karin Marshall, 5524 Richmond Drive, addressed the Council. Jack Heffernan, 5105 Windsor Avenue, addressed the Council. Chris Rofidal, 5037 West 56th Street, addressed the Council. Member Brindle made a motion, seconded by Member Sprague, to close the public hearing. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. The Council and staff addressed the issues raised during public testimony. It was noted that all of the technical information and resident input was provided to the Council the Friday before the meeting. The Council discussed the cost split between the City and assessments to residents and that this project proposed more utility replacement than normal, but Chapter 429 would not allow the property to be assessed for more than the benefit to the property. Mr. Houle reviewed the Council's 2005 decision to reformulate the assessment policy to fund curb and gutter costs, usually 25% of the project total, and special assess 100% of roadway costs. A consulting firm had been hired to conduct an analysis, and it was determined such an assessment would stand. Mr. Houle explained that a thin overlay had been placed on Richmond Lane to extend the life expectancy. He explained the process for recycling asphalt, which was part of the bid and resulted in a cost savings. Mr. Pasko described the construction process for sewer pipe, which would be cured in place pipe lining, not a processes using fracking, so the sewer service pipe would not be damaged. He noted the sewer service pipes were about the same age as the trunk pipe, which had defects. Thus, it was reasonable to assume the sanitary sewer service pipes were in the same poor condition. This project would only replace the sanitary sewer service pipe from the property line to the trunk line. Residents could make the determination whether to replace the pipe from the right -of -way line to the house. Mr. Pasko described the day -to -day communication that would occur during the project and access provided to homes. In addition, residents with mobility issues would be identified and assured access. The Council acknowledged residents' concerns expressed that the proposed assessment of $17,000 would equal $140 per month for ten years, considered by many residents to be a financial hardship. The Council found residents had raised compelling issues to consider a longer assessment term, and support was expressed Page 6 Minutes /Edina City Council /January 17, 2012 to revisit the financial model. Mr. Neal stated staff would look at that option. He explained the City sells revenue bonds, secured by the special assessment levied, and 2% was added to the net interest rate received to cover the City's processing and financing costs. In 2012, the assessment interest was 4.3 %. With regard to sump pumps, Mr. Houle explained that per Code, the only time the City required connection was when it discharged to a public right -of -way. He also explained how this project area was determined and why it would not reduce assessment to extend the construction limits. This project had been on the calendar for 2017 but was being considered in 2012 because it was reprioritized due to pavement deterioration. Mr. Pasko reviewed the process used to estimate costs. Mr. Houle stated the City typically does three to four projects each year and charged for engineering services whether conducted in -house or by consultants to the City. Mr. Houle addressed the request for additional street lighting, noting ornamental lighting would add cost to the project. Mr. Houle assured the Council staff would look at intersections to assure each was adequately lit by cobra -head fixtures with cutoff lights and make adjustments, as needed. This would not add to assessment costs. He noted the ETC had recommended a crosswalk at Kent Avenue and Warwick Place; however, that location would not meet crosswalk warrants. Stamped crosswalks were proposed along the frontage road and staff looked to narrow roadways and intersections in all projects to reduce hard surface which often resulted in traffic calming. Mr. Houle indicated a grit chamber prior to Melody Lake would be installed as part of the storm sewer system. Mr. Houle explained the City hired an engineering firm to evaluate one -third of the City's pavements each year. That data was placed into a computer program to determine the PCI. Sewer mains were videotaped so the condition could be analyzed to determine if there had been cracking or root intrusion. The Council discussed the need to assure residents received accurate information relating to their specific project and had a realistic expectation. Mr. Houle stated future open house notices would not include an estimated assessment but, instead, include examples of past project costs and assessments. To keep residents informed, the City's website contained the ten -year CIP and map for street projects as well as a video on roadway reconstruction. During a project, property owners without internet access received a mailed copy of the weekly City Extra. The Council acknowledged that notice to residents had contained inconsistencies, lack of detail, and boiler -plate estimates instead of estimates relevant to resident's specific project. In the case of newly - purchased homes, it was explained that a title search would not discover the assessment until it became pending, once approved by the Council. However, property owners received notice two years in advance, and that information was required, under State law, to be disclosed on the purchase agreement. The Council discussed whether to consider a longer term assessment. It was noted that during a past project a longer term was considered, but the Council decided the shorter payment period was preferred given interest rates. A request was made that the City engage the Citizen's League this year to conduct budget workshops that would study the issue of special assessments and evaluate alternatives. Member Swenson introduced and moved adoption of Resolution No. 2012 -19, receiving feasibility study and ordering improvement for Richmond Hills Park Neighborhood Roadway Improvement No BA -388, and directing staff to investigate whether a 15 -year term was appropriate. Member Sprague seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. V11. COMMUNITY COMMENT Jacqueline Whitbeck, 6128 Brookview Avenue, stated support for a moratorium on subdividing to create a 50- foot lot or building on a 50 -foot lot. VIII. REPORTS / RECOMMENDATIONS VIII.A. RESOLUTION NO. 2012-17 ADOPTED —ACCEPTING VARIOUS DONATIONS Page 7 Minutes /Edina City Council /January 17, 2012 Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Swenson introduced and moved adoption of Resolution No. 2012 -17 accepting various donations. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII. B. AWARD OF CONTRACT— WATER METER REPLACEMENT PROJECT CONTRACT NO. PW 12 -1 Mr. Houle presented staff's recommendation to replace the City's 14,000 water meters since the equipment was no longer supported by the vendor, and the bandwidth license would expire in January of 2013. In addition, starting in 2014, any modification to a meter had to meet the Safe Drinking Water Lead Free Act. The CIP appropriated $1.2 million for this replacement, and the low qualified bid was at $3.6 million. Mr. Houle recommended delaying Water Treatment Plant #5 from 2013 to 2015 to provide funding and undertaking additional study on the need for Water Treatment Plant #5. The Council asked questions of the staff related to the need for battery and equipment replacement and how to assure a new system would not have those issues. Utilities Coordinator Goergen explained the original system was installed in 1996 -1997, and the issue was the reading system and 10 -year battery life. The third party vendor and distributor's relationship fractured, so the equipment was no longer supported or warranted. He indicated the equipment, when purchased, was a top -of -the line system and performed as expected but had now started to fail at a catastrophic level. Staff could no longer collect meter reads in an acceptable timeframe, and many man hours were being spent to process utility bills. Mr. Houle stated the bid specifications were for a 20 -year system upgradable to a better system. Utility Engineer Struve indicated the batteries also had a 20 -year warranty and allowed field replacement. Member Brindle made a motion, seconded by Member Sprague, awarding contract, Water Meter Replacement Project No. PW12 -1, to the recommended low bidder, Ferguson Waterworks, at $3,617,504.29. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of various correspondence. IX.A. VALLEY VIEW ROAD AND SALLY LANE TREE DELIMBING — MOVED TO MEDIATION Attorney Knutson recommended the City enter mediation with the property owner to resolve the conflict over delimbing trees to create safe sight distances. Member Swenson made a motion, seconded by Member Bennett, directing Attorney Knutson to enter nonbinding mediation regarding the Council's order to delimb conifer trees at Valley View Road and Sally Lane to a height of eight feet and if not satisfied to seek binding arbitration or declaratory judgment action. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. X. MAYOR AND COUNCIL COMMENTS — Received Xl. MANAGER'S COMMENTS — Received M.A. RECYCLING CONTRACT —REFERRED TO THE ENERGY AND ENVIRONMENT COMMISSION Member Bennett made a motion, seconded by Member Sprague, directing the Energy and Environment Commission to move forward with a multilateral RFP process for the City's recycling contract. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. X11. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 11:54 p.m. Page 8 Respectfully submitted, Minutes /Edina City Council /January 17, 2012 Debra A. Mangen, City Clerk Minutes approved by Edina City Council, February 6, 2012. James B: Hovland, Mayor Video Copy of the January 17, 2012, meeting available Page 9 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/9/2012 -2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 356117 219/2012 129959 ABELN, JAMES 1,330.00 AMBULANCE OVERPAYMENT 281120 013112 1470.4329 AMBULANCE FEES COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX 2/8/2012 7:45:39 Page- 1 Business Unit FIRE DEPT. GENERAL VERNON SELLING 50TH ST SELLING YORK SELLING CONTRACTUAL SERVICES GRILL ART WORK SOLD REPAIR PARTS ART CENTER REVENUES EQUIPMENT OPERATION GEN LAUNDRY GRILL 1,330.00 50TH ST OCCUPANCY LAUNDRY YORK OCCUPANCY LAUNDRY 356118 219/2012 FIRE DEPT. GENERAL 102971 ACE ICE COMPANY CITY HALL GENERAL LAUNDRY FIRE DEPT. GENERAL 66.80 280852 0816300 5862.5515 39.60 281019 0816301 5822.5515 40.40 281020 0816304 5842.5515 146.80 356119 21912012 100617 ADAM'S PEST CONTROL 124.43 PEST CONTROL 280826 693719 5421.6102 124.43 356120 21912012 100867 ALSTAD, MARIAN 20.80 ART WORK SOLD 280775 013112 5101.4413 20.80 356121 21912012 127365 AMERICAN FLEET SUPPLY 147.66 PIGGYBACKS 00005899 280780 AFS- 220270028 1553.6530 147.66 356122 2/912012 101116 AMERIPRIDE SERVICES 32.28 280722 013112 5421.6201 51.76 280722 013112 5821.6201 57.06 280722 013112 5841.6201 127.80 280722 013112 5861.6201 143.34 280722 013112 1470.6201 234.83 280722 013112 1551.6201 357.83 280722 013112 1470.6201 1,004.90 356123 21912012 100665 AMSAN 92.92 CLEANER 00002287 280721 259138618 5720.6511 92.92 356124 21912012 102172 APPERT'S FOODSERVICE 553.52 CONCESSION PRODUCT 00002056 280653 1682846 5761.5510 445.02 CONCESSION PRODUCT 280723 1680858 5730.5510 828.29 FOOD 280827 1682845 5421.5510 1,826.83 COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX 2/8/2012 7:45:39 Page- 1 Business Unit FIRE DEPT. GENERAL VERNON SELLING 50TH ST SELLING YORK SELLING CONTRACTUAL SERVICES GRILL ART WORK SOLD REPAIR PARTS ART CENTER REVENUES EQUIPMENT OPERATION GEN LAUNDRY GRILL LAUNDRY 50TH ST OCCUPANCY LAUNDRY YORK OCCUPANCY LAUNDRY VERNON OCCUPANCY LAUNDRY FIRE DEPT. GENERAL LAUNDRY CITY HALL GENERAL LAUNDRY FIRE DEPT. GENERAL CLEANING SUPPLIES EDINBOROUGH OPERATIONS COST OF GOODS SOLD CENTENNIAL LAKES OPERATING COST OF GOODS SOLD EDINBOROUGH CONCESSIONS COST OF GOODS SOLD GRILL R55CKREG LOG20000 280853 71942900 CITY OF EDINA COST OF GOODS SOLD WINE VERNON SELLING 170.65 281021 72046000 5822.5513 Council Check Register 50TH ST SELLING 36.10 281022 72041900 5822.5512 COST OF GOODS SOLD LIQUOR 2/9/2012 -219/2012 281023 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 356125 2/912012 281.72 102646 AQUA LOGIC INC. 6149200 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 109.44 281026 33,250.00 FLOWRIDER CONSTRUCTION. 280724 APPL #2 5300.1715 LAND IMPROVEMENTS 33,250.00 356126 21912012 120451 ARMSTRONG TORSETH SKOLD & RYDE 1,562.60 EDINBOROUGH PARK STUDY 281002 FEB- 211060 . - 5621.6103 PROFESSIONAL SERVICES - 1,562.60 356127 219/2012 102774 ASPEN WASTE SYSTEMS 305.96 281071 020112 7411.6182 RUBBISH REMOVAL 305.96 356128 2/9/2012 121083 BARR, FRANK 58.50 ART WORK SOLD 280776 013112 5101.4413 ART WORK SOLD 58.50 356129 21912012 102195 BATTERIES PLUS 309.31 BATTERIES 280654 018 - 257380 1301.6406 GENERAL SUPPLIES 88.11- INV 018 - 255306 PAID TWICE OOCREDIT 280655 255306 1400.6406 GENERAL SUPPLIES 221.20 356130 21912012 102449 BATTERY WHOLESALE INC. 314.28 BATTERIES 00005843 280781 14556 1553.6530 REPAIR PARTS 314.28 356131 2/912012 100607 BAUER, MICHAEL 100.00 UNIFORM PURCHASE 280828 020212 1301.6201. LAUNDRY 100.00 356132 21912012 125300 BAUMAN, DOUG 102.84 JAN 2012 MILEAGE 281170 1020612 5510.6107 MILEAGE OR ALLOWANCE 102.84 356133 21912012 101355 BELLBOY CORPORATION 2/8/2012 7:45:39 Page- 2 Business Unit AQUATIC CENTER BALANCE SHEET EDINBOROUGH ADMINISTRATION PSTF OCCUPANCY ART CENTER REVENUES GENERAL MAINTENANCE POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN GENERAL MAINTENANCE ARENA ADMINISTRATION 650.08 280853 71942900 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 170.65 281021 72046000 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 36.10 281022 72041900 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 102.50 281023 ! 72042000 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 193.14 281024 86343600 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 281.72 281025 6149200 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 109.44 281026 86343500 5822.5515 COST OF GOODS _SOLD MIX 50TH ST SELLING 1,543.63 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/9/2012 -2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 356134 219/2012 117379 BENIEK PROPERTY SERVICES INC. 824.87 SNOW REMOVAL 281072 138683 7411.6136 824.87 356135 21912012 100661 BENN, BRADLEY 22.75 ART WORK SOLD 280777 013112 5101.4413 22.75 356138; 21912012 100648 BERTELSON OFFICE PRODUCTS 10.19 SHARPIE MARKERS 280725 OE- 276531 -1 5840.6513 275.30 OFFICE SUPPLIES 280726 0E- 276448 =1 5840.6513 186.70- RETURN 280727 CP- OE- 276448 -1 5840.6513 98.79 356137 219/2012 125268 BLUE COMPACTOR SERVICES 412.54 COMPACTOR RENTAL 280656 575 4095.6103 412.54 356138 7/912012 102545 BLUE CROSS 8 BLUE SHIELD OF MN 153,401.00 PREMIUM 281168 11006 -2/12 1550.6040 28,161.00 PREMIUM 281169 11006 -FEB 1550.6043 181,562.00 356139 21912012 122688 BMK SOLUTIONS 8.43 PEN REFILLS 00001437 280728 74487 1553.6406 40.26 OFFICE SUPPLIES - 00001437 280782 74351 1552.6406 21.23 OFFICE SUPPLIES 00001437 281125 73794 1552.6406 60.87 OFFICE SUPPLIES 00001437 281125 73794 1646.6406 130.79 356140 2/912012 100659 BOYER TRUCK PARTS 20.69 NOZZLES 00005873 280729 601992 1553.6530 82.29 FLOOR MATS 00005898 280730 602081 1553.6585 102.98 356141 21912012 103239 BRIN NORTHWESTERN GLASS CO. 685.72 GLASS REPLACEMENT 00006434 280829 5178185 5420.6530 685.72 356142 21912012 119826 BRYANT GRAPHICS INC. 176.26 LIQUOR NEWSLETTER 281073 27058 5862.6575 Subledger Account Description SNOW & LAWN CARE ART WORK SOLD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 218/2012 7:45:39 Page - 3 Business Unit PSTF OCCUPANCY ART CENTER REVENUES LIQUOR YORK GENERAL LIQUOR YORK GENERAL LIQUOR YORK GENERAL PROFESSIONAL SERVICES 50TH STREET RUBBISH HOSPITALIZATION CENTRAL SERVICES GENERAL COBRA'INSURANCE CENTRAL SERVICES GENERAL GENERAL SUPPLIES EQUIPMENT-OPERATION GEN GENERAL SUPPLIES CENT SVC PW BUILDING GENERAL SUPPLIES CENT SVC PW BUILDING GENERAL SUPPLIES BUILDING MAINTENANCE REPAIR PARTS EQUIPMENT OPERATION GEN ACCESSORIES EQUIPMENT OPERATION GEN REPAIR PARTS CLUB HOUSE PRINTING VERNON SELLING R55CKREG LOG20000 Check# Date Amount Supplier/ Explanation P Business Unit 281073 176.27 LIQUOR NEWSLETTER PRINTING 50TH ST SELLING 176.27 LIQUOWNEWSLETTER 5842.6575 PRINTING 528.80 281126 356143 21912012 GENERAL SUPPLIES 102482 CAMPBELL PET COMPANY 281127 0270903 -CM 1,158.97 DOG COLLARS ANIMAL CONTROL 280854 535.00- CREDIT COST OF GOODS SOLD BEER YORK SELLING 623.97 '38000 356144 21912012 50TH ST SELLING 119455 CAPITOL BEVERAGE SALES 37999 5822.5515 984.60 50TH ST SELLING 280732 0297 -1/12 764.85 TELEPHONE 50TH&FRANCE MAINTENANCE 280733 - 47.85 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 1,797.30 0024.1/12 356145 21912012 CENT SVC PW BUILDING 121654 CARLSON, JACKIE 012812 5911.6188 19.50 ART WORK SOLD 281154 012812 19.50 TELEPHONE 356146 21912012 ''012812 121306 CARLTON COUNTY TELEPHONE FIRE DEPT. GENERAL f. 385.00 OUT OF COUNTY WARRANT 385.00 356147 21912012 116683' -•CAT & FIDDLE BEVERAGE 142.00 116.00 258.00 356148 21912012 112561. CENTERPOINT. ENERGY 19.24 5528973-0 1,570:44 5584304 -9 53.26 5590919 -6_. 30.13 5584310 -6 1,673.07 356149 219/2012 123898 CENTURYLINK 55.88. 952 929 -0297 312.30 952 927 -8861 121.45 952 831 -0024 56.14 58.84 ,- 117.74 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - 4 2/9/2012 -2/9/2012 O # Doc No Inv No Account No Subledger Account•,Description Business Unit 281073 .27058 5822.6575 PRINTING 50TH ST SELLING 281073 27058 5842.6575 PRINTING YORK SELLING 281126 0270308 -IN 1450.6406 GENERAL SUPPLIES ANIMAL CONTROL 281127 0270903 -CM 1450.6406 GENERAL SUPPLIES ANIMAL CONTROL 280854 38001 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 281027 '38000 5822.5514 COST,OF;GOODS.SOLD:BEER 50TH ST SELLING 281028 37999 5822.5515 COST OF GOODS SOLD!MIX 50TH ST SELLING 280778 '0 13112 5101.4413 ART WORK SOLD ART CENTER REVENUES is 281171 020612 1000.2055 DUE TO OTHER GOVERNMENTS n GENERAL FUND BALANCE SHEET 280855 192370 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 281029 92366.- 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 280731 5528973 -1/12 1552.6186 HEAT CENT SVC PW BUILDING 281074 5584304 -1/12 7411.6186 HEAT. PSTF OCCUPANCY 281075 5590919 -1112 - 7413.6582 FUEL OIL PSTF FIRE TOWER 281076 5584310 -1/12 7413.6186 HEAT PSTF FIRE TOWER 280732 0297 -1/12 4090.6188 TELEPHONE 50TH&FRANCE MAINTENANCE 280733 - 2012 -1/12 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 280734 0024.1/12 1552.6188 TELEPHONE CENT SVC PW BUILDING 281154 012812 5911.6188 TELEPHONE WELL PUMPS 281154 012812 1628.6188 TELEPHONE SENIOR CITIZENS 281154 ''012812 1470.6188 TELEPHONE FIRE DEPT. GENERAL f. R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - 5 2/9/2012 -2/9/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 121.67 281154 012812 5841.6188 TELEPHONE YORK OCCUPANCY 140.67 281154 012812 5821.6188 TELEPHONE 50TH ST OCCUPANCY 166.66 281154 012912 1622.6188 TELEPHONE SKATING & HOCKEY 229.29 281154 012812 5511.6188 TELEPHONE ARENA BLDG/GROUNDS 235.58 281154 012812 1646.6188 TELEPHONE BUILDING MAINTENANCE 267.25 281154 012812 5932.6188 TELEPHONE GENERAL STORM SEWER 2,069.92 281154 012812 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 3,953.39 366160 21912012 124191 CHANDLER 4 CORNERS 320.48 PILLOWS 280830 173618 5440.5511 COST OF GOODS= PRO SHOP PRO SHOP RETAIL SALES 320.48 356151 21912012 119725 CHISAGO LAKES DISTRIBUTING CO 275.90 280856 464718- 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 275.90 356152 219/2012 122084, CITY OF EDINA - UTILITIES 67.43 00114064 - 0203163012 281128 .203163012 -1/12 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 67.43 356153 21912012 101227 COFFEE MILL INC. 308.00 COCOA, CAPPUCCINO 00002057 280831 0741031 -IN 5761.5510 COST OF GOODS SOLD_ CENTENNIAL LAKES OPERATING 308.00 356154 219/2012 120433 COMCAST 83.40 8772 10 614 0165667 280832 165667 -1/12 5424.6406 GENERAL SUPPLIES RANGE 88.28 280833 177449 -1/12 5420.6188 TELEPHONE CLUB HOUSE 171.68 356155 219/2012 101915 COUNTRY FLAGS 316.35 USA FLAGS 00003720 281077 5705 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 316.35 356156 219/2012 124910 COURSE TRENDS INC. 100.00 EMAIL MARKETING SOFTWARE 280834 179617 5410.6122 ADVERTISING OTHER" GOLF ADMINISTRATION 100.00 356157 21912012 100701 CUSHMAN MOTOR CO. INC. 87.37 FUEL FILTERS, COVER 00001518 280835 156187 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 87.37 R55CKREG LOG20000 280934 020212 5101.4413 CITY OF EDINA ART CENTER REVENUES 27.30 Council Check Register .,. 356162 21912012 102478 DAY DISTRIBUTING CO. 356163 21912012 2/9/2012 - 2/912012 . 636226 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 356158 219/2012 280859 100706 D.C. ANNIS SEWER INC. 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,136.35 281030 636225 659.00 DRAIN INSPECTIONS 281078 87523 1470.6215 EQUIPMENT MAINTENANCE 659.00 89.98 DROPBOX SERVICE 281079 356159 2/912012 PROFESSIONAL SVC - OTHER 121618 DAKOTA SUPPLY GROUP 89.98 960.53 METER_ REMOTES 00001557 280783 7222520 5916.6406 GENERAL SUPPLIES 960.53 433.46 JAN 2012 SURCHARGE 281003 CERT #1027 356160 2/912012 104020 DALCO 433.46 166.36 TOWELS 00001454 280657 2420228 1552.6466 GENERAL SUPPLIES 1,015.92 ICE MELT 00001597 280784 2421981 4090.6406 GENERAL SUPPLIES 1401.6203 UNIFORM ALLOWANCE 1,542.47 CAN LINERS 00001506 280785 2416736 '4090.6406 GENERAL SUPPLIES 281.99 WYPALL, FLOOR CARE 00001454 280786 2416885 1552.6406 GENERAL SUPPLIES 3,006.74 356161 21912012 103176 - DANICIC,JOHN 2/8/2012 7:45:39 Page- 6 Business Unit FIRE DEPT. GENERAL METER READING CENT SVC PW BUILDING 50TH &FRANCE MAINTENANCE 50TH &FRANCE MAINTENANCE' CENT, SVC PW BUILDING 27.30 ART WORK SOLD 280934 020212 5101.4413 ART WORK SOLD ART CENTER REVENUES 27.30 356162 21912012 102478 DAY DISTRIBUTING CO. 356163 21912012 393.20 280857 . 636226 5842.5514 COST.OF GOODS SOLD BEER YORK SELLING 1,681.25 280858 636223 5862.5514 COST OF GOODS SOLD BEER ' VERNON SELLING 88.70 280859 636224 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,136.35 281030 636225 5822.5514 COST OF GOODS SOLD BEER', 50TH ST SELLING EQUIPMENT OPERATION GEN COMMUNICATIONS INSPECTIONS" EMERGENCY RESPONSE TEAM 3,299.50 356163 21912012 100718 DELEGARD TOOL CO. 37.32 GLOVES 00005876 280787 658989 1553.6610 SAFETY EQUIPMENT 37.32 356164 219/2012 122135 DENFELD, SCOTT 89.98 DROPBOX SERVICE 281079 020312 1130.6136 PROFESSIONAL SVC - OTHER 89.98 356165 21912012 100899 DEPARTMENT OF LABOR & INDUSTRY 433.46 JAN 2012 SURCHARGE 281003 CERT #1027 1495.4380 SURCHARGE 433.46 356166 21912012 118375 DEPAUL LETTERING 33.00 SWAT T-SHIRTS 280658 .7296. 1401.6203 UNIFORM ALLOWANCE 33.00 EQUIPMENT OPERATION GEN COMMUNICATIONS INSPECTIONS" EMERGENCY RESPONSE TEAM R55CKREG LOG20000 CITY OF EDINA 218/2012 7:45:39 Council Check Register Page - 7 2/9/2012 -2/9/20112 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 356167 219/2012 102831 DEX MEDIA EAST INC. 20.00 110312148 281080 110312148 -1/12 5821.6188 TELEPHONE 50TH ST OCCUPANCY 20.00 110312148 281080 110312148 -1/12 5841.6188 TELEPHONE YORK OCCUPANCY 20.00 110312148 281080 110312148 -1/12 5861.6188 TELEPHONE VERNON OCCUPANCY 148.75 281155 650487671 -1/12 5511.6188 TELEPHONE ARENA BLD_ G/GROUNDS 208.75 356168 21912012 100571 DIAMOND VOGEL PAINTS 24.80 FILTERS 00001316 281129 802134735 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 24.80 356169 21912012 100730 DORSEY & WHITNEY LLP 2,060.00 LEGAL 280659 1771999 1000.1303 DUE FROM HRA GENERAL FUND BALANCE SHEET 2,060.00 356170 21912012 100731 DPC INDUSTRIES 4,381.73., CHEMICALS 00001840 280788 62700106 -12 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 4,381.73 356171 219/2012 104868 DUNN, MATT 250.00 EP ENTERTAINMENT 2/9112 280836 013112 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 250.00 356172 21912012 129965 EDINA COREPOWER YOGA AND SPA 480.00 FITNESS TRAINING 281108 011712 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 480.00 . 356173 21912012 105224 EDINA POLICE RESERVES 140.00 TREE LIGHTING CEREMONY 281082 020312 1428.6010 SALARIES REGULAR EMPLOYEES OFF DUTY EMPLOYMENT 140.00 356174 21912012 103594 EDINALARM INC. 359.09 ALARM SERVICE (6 MO) 281081 71070 5861.6250 ALARM SERVICE VERNON OCCUPANCY 609.19 ALARM SERVICE (6 MO) 281081 71070 5821.6250 ALARM SERVICE 50TH ST OCCUPANCY 654.08 ALARM SERVICE (6 MO) 281081 71070 5841.6250. ALARM SERVICE YORK OCCUPANCY 1,622.36 356175 21912012 127349 ELSTER AMERICAN METER 428.47 BATTERY CHARGERS 00001542 280789 91146847 5916.6406 GENERAL SUPPLIES METER READING 428.47 356176 2/912012 129676 EMERGENCY SUPPORT SERVICES R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - 8 2/9/2012 -2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,533.95 RESCUE GEAR 00003709 281083 26012OA -1 421480.6710 EQUIPMENT REPLACEMENT SPECIAL OPS FIRE EQUIPMENT 1,533.95 356177 219/2012 100146 FACTORY MOTOR PARTS COMPANY 125.51 SWITCH 00005766 280735 69- 057954 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 93.77 ROD, CONNECTOR 00005766 280837 1- 3817661 1553.6530 REPAIR'PARTS EQUIPMENT OPERATION GEN 1,027.30 STRUTS, BEARINGS 00005766 280838 69- 058018 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,246.58 356178 2/912012 126004 FERGUSON WATERWORKS 615.02 STAND PIPES 00001549 ,.280790 S01347882.001 5913.6406 GENERAL SUPPLIES DISTRIBUTION 615.02 356179 21912012 120329 FIRE EQUIPMENT SPECIALTIES INC 162.87 HANDLE LOCKS 00003735 281084 7401 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 137.54 AXES 00003735 281085 7414 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 300.41 356180 21912012 101603 FLAHERTY S HAPPY TYME CO. 88.20 280860 50TH -2011 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 288.75 280861 VERNON -2011 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 429.75 280862 YORK -2011 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 806.70 356181 21912012 129500 .FLAT EARTH BREWING CO. 80.00 281031. 4140 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 80.00 356182 21.912012 129953 FLEISCHMANN, DONALD 95.91 UTILITY OVERPAYMENT REFUND 280791 4621 DREXEL AVE 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 95.91 356183 21912012 103985 FLOR, JON 640.00 EDINA LIQUOR AD CAMPAIGN 281086 2279 1130.6136 PROFESSIONAL SVC - OTHER COMMUNICATIONS 640.00 356184 21912012 100759 FLOYD TOTAL SECURITY 160.31 PADLOCKS 281130 267110 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 160.31 356186 219/2012 129957 FOLEY, TERESE 117.95 UTILITY OVERPAYMENT REFUND 280850 4110 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - 9 219/2012 -2/9/2012 Check # Date. Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit MORNINGSIDE RD 117.95 - 356186 21912012 102727 FORCE AMERICA - 719.20 SENSORS 00005869 280660 01378166 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 26.72 SPOOL 00005844 280839 01378473 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 745.92 356187 .21912012 129951 FOSSEY, CHRISTIE 136.00 CLASS REFUND 280792 013112 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 136.00 356188. 2/9/2012 106351 FOSTER, REBECCA 49.95 MILEAGE REIMBURSEMENT 280793 013112 1260.6107 MILEAGE OR ALLOWANCE ENGINEERING GENERAL 49.95 356189 21912012 129960 FREDRICKSON, LAVONNE 1,352.00 AMBULANCE OVERPAYMENT 281121 013112 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,352.00 356190 2/912012 102166 G.L. CONTRACTING INC. 8,096.57 PARTIAL PAYMENT NO.4 281123 020612 07101.1705.30 CONTRACTOR PAYMENTS S101 FRANCE AVE 48THSUNNYSIDE 8,096.57 356191 219/2012 120776. GAGE, NATHALIE 59.83 MILEAGE REIMBURSEMENT 280736 013012 1130.6107 MILEAGE OR ALLOWANCE- COMMUNICATIONS 59.83 366192 21912012 100774 GENERAL REPAIR SERVICE 769.50 IMPELLER WORK 00001953 280794 44217 5921.6180 CONTRACTED REPAIRS SANITARY LIFT STATION MAINT ' 769.50 356193 21912012 118941 GLOBALSTAR USA 29.40 R -91 PHONE 281087 3627699 1470.6188 TELEPHONE FIRE DEPT. GENERAL 29.40 356194 21912012 117811 GOLBERG, CAROLYN 13.00 ART WORK SOLD 280779 013112 5101.4413 ART WORK SOLD ART CENTER REVENUES 13.00 356195 2/912012 .124471 GOODPOINTE TECHNOLOGY INC. 1,750.00 2012 ICON SUPPORT AGREEMENT 280661 2012 - EDINA 1260.6103 PROFESSIONAL SERVICES ENGINEERING GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/9/2012 -2/9/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 2/8/2012 7:45:39 Page - 10 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 1301.6556 TOOLS_ 1,750.00 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 356196 21912012 1552.6406 .100781 GRAFIX SHOPPE CENT SVC PW BUILDING' 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 5620.6406 26.72 SQUAD GRAPHICS 280737 78793 26.72 356197 219/2012 101103 GRAINGER 135.65 KEYS ' 00001445 280795 9725338660 124.66 SPREADER 00001570 280796 9732203519 162.21 INDUSTRIAL THERMOMETERS, 00001447 280797 9720738989 162.21 INDUSTRIAL THERMOMETERS 00001447 280798 9721373828 393.08- RETURN 00001447 280799 9720738997 256.50 LIGHTSULBS 00002276 281131 9717532254 448.15 356198 219/2012 120201 GRANICUS INC. 7,466.72 WEBSTREAMING -2011 281132 32369 7,466.72 356199. 21912012 102217 GRAPE BEGINNINGS INC 493.50 281032 135940 493.50 356200 21912012 101518 GRAUSAM, STEVE 209.79 MILEAGE REIMBURSEMENT 280738 013112 209.79 356201 21912012 125270 HARTFORD' - PRIORITY ACCOUNTS 4,652.69 PREMIUM 280943 5732721 -5 9.50- COBRA BASIC LIFE 280944 FEB 2012 4,662.19 356202 2/912012 100798 HAYDEN- MURPHY EQUIPMENT 38.26 SEAL - 00005836 280800 C72697 38.26 356203 2/9/2012 122093 HEALTH PARTNERS 101.58 PREMIUM 281156 39452209 10,745.94 PREMIUM 281157 39452425 10,847.52 356204 21912012 100801. HENNEPIN COUNTY TREASURER 2/8/2012 7:45:39 Page - 10 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 1301.6556 TOOLS_ GENERAL MAINTENANCE 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING' 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 5822.5513 5840.6107 9900.2033.05 1550.6043 1553.6530 1550.6043 1550.6040 COST OF GOODS SOLD WINE 50TH ST SELLING MILEAGE OR ALLOWANCE LIFE INSURANCE - 99 COBRAINSURANCE REPAIR PARTS COBRAINSURANCE HOSPITALIZATION LIQUOR YORK GENERAL PAYROLL CLEARING CENTRAL SERVICES GENERAL EQUIPMENT OPERATION GEN CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 21912012 -219/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 293.18 BOOKING FEES - JAN 2012 281088 1000011245 1195.6170 COURT CHARGES 2/812012 7:45:39 Page - 11 Business Unit LEGAL SERVICES 1195.6225 BOARD & ROOM PRISONER LEGAL SERVICES 1190.6105 DUES & SUBSCRIPTIONS 293.18 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 356205 2/912012 EDINBOROUGH OPERATIONS 100801 HENNEPIN COUNTY TREASURER COST OF GOODS SOLD BEER VERNON SELLING 5842.5514 COST OF GOODS SOLD BEER 2,890.00 BOOKING FEES - DEC 2011 281133 1000010947 5620.5510 COST OF GOODS SOLD 2,890.00 5620,6406 GENERAL SUPPLIES EDINBOROUGH PARK 366206 2/912012 GENERAL (BILLING) 105436 HENNEPIN COUNTY TREASURER GENERAL SUPPLIES CENT:SVC'PW BUILDING 1553.6530 REPAIR PARTS 160.31 TECHNICAL SUPPORT DEC 2011 281134 ITC0001022 160.31 DEC 2011 BUNDLED SERVICE 281135 ITC0001023 320.62 356207 21912012 103753 HILLYARD INC - MINNEAPOLIS 281.15 HAND SANITIZER 00002292 280739 600090430 281.15 356208 21912012 104375 HOHENSTEINS INC. 836.50 280863 588398 195.00 280864 588278 662.00 281033 588457 1,693.50 356209 21912012 129748 HOLLE, AMANDA 74.63 PETTY CASH 281136 013112 381.64 PETTY CASH 281136 013112 456.27 356210 2/9/2012 129508 IMPACT PROVEN SOLUTIONS 4,062.82 PROGRAM NEW UTILITY BILL 280740 59117 4,062.82 356211 21912012 118275 J.P. COOKE CO., THE 82.65 DATE STAMPER 00001606 280801 161508 82.65 356212 21912012 108618 JEFFERSON FIRE & SAFETY INC. 82.41 ADAPTER 00005817 280802 183976 82.41 356213 2/912012 102146 JESSEN PRESS 203.06 LETTERHEAD 281089 31237 203.06 2/812012 7:45:39 Page - 11 Business Unit LEGAL SERVICES 1195.6225 BOARD & ROOM PRISONER LEGAL SERVICES 1190.6105 DUES & SUBSCRIPTIONS ASSESSING 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5620.5510 COST OF GOODS SOLD EDINBOROUGH PARK 5620,6406 GENERAL SUPPLIES EDINBOROUGH PARK 5910.6103 PROFESSIONAL SERVICES' GENERAL (BILLING) 1552.6406 GENERAL SUPPLIES CENT:SVC'PW BUILDING 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL R55CKREG LOG20000 CITY OFEDINA. Council Check Register 2/9/2012 - 2/912012 Check # Date Amount Supplier? Explanation PO # Doc No Inv No Account No . 366214 21912012 100741 JJ TAYLOR DIST. OF MINN 1,752.62 280865 1708681 5842.5514 5,172.50 280866 1708675 5862:5514 3,770.25 281034 1708674 5822.5514 10,695.37 356216 2/9/2012 100835, JOHNSON BROTHERS LIQUOR CO., 31.37 280867 .1226480 5862:5515 1,353.37 280868 1226481 5862.5513 1,306.73 280869 1226483 5862.5513 248.28 280870 1224422 5862.5513 44.22 280871 1226484 5862.5513 584.36 280872 1224421 5862.5512 2,380.85 280873 1226468 5862.5513 379.70 280874 1226478 5862.5513 497.81 280875 1226485 5862.5512 453.09 280876 1226482 5862.5512 2,438.25 280877 1226479 5862.5512 55.54 280878 1226477 5842.5514 113.66 280879 1226476 5842.5513 200.40 280880 1226473 5842.5513 221.15 280881 1226472 5842.5513 252.16 280882 1226475 5842.5512 75.16 280883 1226474 5842.5512 110.21 281035 1227621 5842.5512 248.28 281036 1224420 5842.5513 868.56 281037 1226465 5822.5513 637.83 281038 .1226467 5822.5513 - 984.43 281039 1226470 5822.5513 -110.21 281040 1226471 5822:5512 1,807.88. 281041 1226469 5822.5512 308.59 281042 1226466 5822.5512 38.37- 281043 '524222 5862.5513 51.12- 281044 524221 5862.5513 15,622.60 356217 21912012 129961 JOHNSON, MURRAY 1,348.00 AMBULANCE OVERPAYMENT 281122 013112 1470.4329 1,348.00 356218 21912012 102719 JOHNSON, PHILLIP 218/2012 7:45:39 Page - 12 Subledger Account Description Business Unit. COST OF'GOODS SOLD BEER YORK SELLING COST. OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD ;BEER: 50TH ST SELLING i.COST OF GOODS SOLD MIX COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS'SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE `COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST, OF GOODS SOLD BEER COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST .OF.GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COSfOF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING VERNON SELLING VERNON SELLING AMBULANCE FEES FIRE DEPT. GENERAL R55CKREG LOG 20000 475.79 FIRE DEPT. GENERAL CITY OF EDINA DEPT UNIFORMS FIRE DEPT. GENERAL 356220 21912012 GENERAL SUPPLIES Council Check Register 7414.6104 CONFERENCES & SCHOOLS PUBLIC PROGRAMS 2340.6406 2/912012 -2/9/2012 UNIFORMS Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subiedger Account Description 11.79 BATTERIES 280945 012612 5125.6406 GENERAL SUPPLIES 56.79 MEMORY CARDS, DVDS 280945 012612 5125.5510 COST OF GOODS SOLD 68.58 122515 KOPLOS, GERALD 356219 21912012 102080 KATTREH, ANN 74.98 2 -PART BUCKET 320.39 AIRFARE REIMBURSEMENT 280741 013112 1600.6104 CONFERENCES & SCHOOLS 155.40 DEC 2011 MILEAGE 281137 020112 5621.6107 MILEAGE OR ALLOWANCE 2/8/2012 7:45:39 Page - 13 Business Unit IkTil:491 GF'101m][a] PARK ADMIN. GENERAL EDINBOROUGH ADMINISTRATION 1470.6558 475.79 FIRE DEPT. GENERAL 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 356220 21912012 GENERAL SUPPLIES 111018 KEEPRS INC. 7414.6104 CONFERENCES & SCHOOLS PUBLIC PROGRAMS 2340.6406 200.00 UNIFORMS 00003698 281090 181842 119.97 00003698 281091 181842 -01 319.97 356221 21912012 122515 KOPLOS, GERALD 74.98 2 -PART BUCKET 281092 020312 74.98 356222 219/2012 122198 LAAGE, LINNEAS W 825.00 NRA INSTRUCTOR CERTIFICATION 281093 100 825.00 356223 219/2012 129968 LAKOTA CONTRACTING 1,390.00 PROLASER III BATTERIES 00003147 281138 2232 1,390.00 356224 21912012 101220 LAND EQUIPMENT INC. 87.32 HITCH, ELEMENTS 00002045 281004 238736 359.55 WHEEL, TIRE 00002045 281005 239150 142.27 SKID SHOES 00002059 281006 238133 589.14 356225 21912012 123096 LASER TECHNOLOGIES INC. 546.57 EPD TICKET ENVELOPES 280946 127654 546.57 356226 21912012 100852 LAWSON PRODUCTS INC. 212.68 CORD 00001501 280803 9300494980 45.31 BUTANE TORCH 00005356 281139 9300037915 69.31 HOOK & LOOP 00005347 281140 9300069055 532.70 CLAMPS, COUPLERS, TAPS 00005515 281141 9300232969 88.88 SEALANT 00005414 281142 9300238904' 2/8/2012 7:45:39 Page - 13 Business Unit IkTil:491 GF'101m][a] PARK ADMIN. GENERAL EDINBOROUGH ADMINISTRATION 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 7412.6406 GENERAL SUPPLIES PSTF RANGE. 7414.6104 CONFERENCES & SCHOOLS PUBLIC PROGRAMS 2340.6406 GENERAL SUPPLIES DWI FORFEITURE 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 1400.6575 PRINTING POLICE DEPT. GENERAL 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 1553.6556 TOOLS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT-OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN R55CKREG LOG20000 108.86 PSTF ADMINISTRATION 7412.6406 CITY OF EDINA PSTF RANGE 356229 2/912012 EDUCATION PROGRAMS 129928 LEVIN, SIMON Council Check Register PSTF ADMINISTRATION 7410.6106 93.60 - ARTWORK SOLD 280935 2/912012 - 2/9/2012 PUBLIC PROGRAMS Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No _ Subledger Account Description 457.27 COUPLERS, CABLE TIES 00005524 281143 9300250652 1553.6585 ACCESSORIES 585.14 68.03 DRILL BITS 00005524 281144 9300252740 _ 1553.6530 REPAIR PARTS 1,474.18 356231 219/2012 356227 21912012 M & I BANK 101552 LEAGUE OF MINNESOTA CITIES 50.79 SOUTH 90.00 TRAINING 280804 156673 1550.6103 PROFESSIONAL SERVICES SOUTH 30.00 281094 280805 156726 1550.6103 - PROFESSIONAL SERVICES SOUTH 30.00 281094 280806 156718 1550.6103 PROFESSIONAL SERVICES SOUTH 150.00 281094 012612 207.15 356228 219/2012 METRO EXPENSES 129954 LEE, STEVEN 012612 - 216.82 SOUTH 108.86 UTILITY OVERPAYMENT REFUND 280807` 5436 BROOKVIEW 5900.2015 CUSTOMER REFUND SOUTH METRO EXPENSES 281094 - 012612 AVE 483.93 218/2012 7:45:39 Page - 14 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL UTILITY BALANCE SHEET 5101.4413 ART WORK SOLD ART CENTER REVENUES 1375.6530 REPAIR PARTS PARKING RAMP 7410.6103 108.86 PSTF ADMINISTRATION 7412.6406 GENERAL SUPPLIES PSTF RANGE 356229 2/912012 EDUCATION PROGRAMS 129928 LEVIN, SIMON ADVERTISING OTHER PSTF ADMINISTRATION 7410.6106 93.60 - ARTWORK SOLD 280935 020212 PUBLIC PROGRAMS 93.60 GENERAL SUPPLIES PSTF OCCUPANCY 7411.6215 EQUIPMENT MAINTENANCE - 366230 219/2012 129955 LIGHTEN UP LLC 585.14 CANOPY FIXTURE 00001201 280808 1616 -A 585.14 356231 219/2012 122472 M & I BANK 50.79 SOUTH METRO EXPENSES 281094 012612 64.30 SOUTH METRO EXPENSES 281094 012612. 115.47 SOUTH METRO EXPENSES 281094 012612 148.80 SOUTH METRO EXPENSES 281094 012612 207.15 SOUTH METRO EXPENSES 281094 012612 - 216.82 SOUTH METRO EXPENSES 281094 012612 235.94 SOUTH METRO EXPENSES 281094 - 012612 483.93 SOUTH METRO EXPENSES 281094 012612 1,523.20 356232 2/912012- 129969 M&A EXECUTIVE SEARCH LLC 5,000.00 CANDIDATE SOURCING PROJECT 281158 147 -A 5,000.00 356233 219/2012 112577 M. AMUNDSON LLP 1,158.40 280884 124972 1,158.40 218/2012 7:45:39 Page - 14 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL UTILITY BALANCE SHEET 5101.4413 ART WORK SOLD ART CENTER REVENUES 1375.6530 REPAIR PARTS PARKING RAMP 7410.6103 PROFESSIONAL SERVICES PSTF ADMINISTRATION 7412.6406 GENERAL SUPPLIES PSTF RANGE 7410.6218 EDUCATION PROGRAMS PSTF ADMINISTRATION 7410.6122 ADVERTISING OTHER PSTF ADMINISTRATION 7410.6106 MEETING EXPENSE PSTF ADMINISTRATION 7414.6406 GENERAL SUPPLIES PUBLIC PROGRAMS 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 7411.6215 EQUIPMENT MAINTENANCE PSTF OCCUPANCY 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39. Council Check Register Page - 15 2/9/2012 -2/912012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 'Business Unit 356234 21912012 129657 M.S. INDUSTRIES INC. 953.10 BLACKTOP SAW BLADES 281145 8040 1301.6556 TOOLS GENERAL MAINTENANCE 953.10 356235 21912012 100869 MARTIN-MCA LUSTER 1,600.00 PERSONNEL EVALUATIONS 280809 7748 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 400.00 ASSESSMENT 280947 7747 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 2,000.00 356236 2/912012 101146 MATRIX 289.50 280662 607914299 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 289.50 356237 21912012 100875.. MCCAREN DESIGNS INC. 1,856.95 PLANTS 00002271-280742 53838 5720.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH OPERATIONS 1,856.95 356238 21912012 103944 MED COMPASS 152.00 ANNUAL MED EXAM 281095 18951 1470.6175 PHYSICAUEXAMINATIONS FIRE DEPT. GENERAL 152.00 356239 21912012 129964 MEDTOX DIAGNOSTICS INC. 62.06 LEAD WIPES 281096 293336 7412.6406 GENERAL SUPPLIES PSTF RANGE 62.06 356240 .21912012 101483 MENARDS 39.85 CAULK, VULKEM LIMESTONE 00001578 280663 32680256 1552.6406 GENERAL SUPPLIES. CENT SVC PW BUILDING 5.88 BOLTS, BUNGEE - 00001520 280810 6128 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 27.54 CAULK 00001586 280811 12839 1552.6406 GENERAL SUPPLIES _ CENT SVC PW BUILDING ' 77.69 BROOMS, TOOL HANGERS 00001573 280812 10345 1301.6556 TOOLS GENERAL MAINTENANCE 53:23 HOSE KIT, BENCH VISE 00002055 280840 13344 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 204.19 _ 356241 2/912012 101987 MENARDS 51.20 DOWELS, BOARDS 00002060 281007 66134 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 51.20 356242 21912012 124091 MESSETLER, GREG 2,500.00 TRAINING REIMBURSEMENT 281159 020612 1554.6104 CONFERENCES B SCHOOLS CENT SERV GEN - MIS 2,500.00 356243 21912012 101625 METRO FIRE CHIEFS OFFICERS ASS R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - 16 2/9/2012 —2/9/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger_ Account Description Business Unit . 200.00 DUES 281099 020212 1470.6105 `' -DUES & SUBSCRIPTIONS FIRE DEPT. GENERAL 41,476.97 MILL AND OVERLAY 00001938 200.00 21712CM 1314.6518 41,476.97 356244 21912012 102507- METRO: VOLLEYBALL OFFICIALS 356249 21912012 101161 MIDWESTCHEMICAL SUPPLY - 137.50 OFFICIATING FEES 280664 4072 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 32424 1470.6406 137.50 309.40 356245 21912012 21912012 100886 METROPOLITAN COUNCIL 118464 MIDWEST,TESTING 23,279.85 SAC CHARGES - JAN 2012 281008 020112 1495.4307 SAC CHARGES INSPECTIONS 345.00 23,279.85 356251. i 21912012. 356246 2/912012 100887: METROPOLITAN COUNCIL ENVIRONME 143.19 ' 281160 353,674.67 SEWER SERVICE 281097 0000981231 5922.6302 SEWER SERVICE METRO SEWER TREATMENT 353,674.67 356262 21912012 100913 MINNEAPOLIS & SUBURBAN SEWER & 356247 21912012 104650 - MICRO CENTER 1,470A0 REPLACE WATER SERVICE 00001556 280666 34014- 5913.6180 29.91 MOUSE 00004303 280841 3709758 5913.6406 GENERAL SUPPLIES DISTRIBUTION 42.74 WIRELESSKEYBOARD 8 MOUSE 00004303 280841 3709758 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 53.43 VIDEO CARD 00004303 280841 3709758- 5510.6513 OFFICE SUPPLIES ARENA ADMINISTRATION 143.17 COMPUTER SUPPLIES 00009117 280948 3711026 5125.6406 GENERAL SUPPLIES MEDIA STUDIO BLACKTOP STREET RENOVATION GENERAL SUPPLIES FIRE DEPT. GENERAL CONTRACTED REPAIRS METER REPAIR MILEAGE OR ALLOWANCE ARENA ADMINISTRATION j CONTRACTED REPAIRS DISTRIBUTION 269.25 356248 219/2012 100891- MIDWEST ASPHALT CORP. 41,476.97 MILL AND OVERLAY 00001938 281146 21712CM 1314.6518 41,476.97 356249 21912012 101161 MIDWESTCHEMICAL SUPPLY - 309.40 PAPER PRODUCTS 00003719 281100 32424 1470.6406 309.40 356250 21912012 118464 MIDWEST,TESTING 345.00 METER TEST 06001546,H0665 2290 5917.6180 345.00 356251. i 21912012. 102873 MILLER, SUSAN 143.19 JAN 2012 MILEAGE 281160 020612 5510.6107 143.19 356262 21912012 100913 MINNEAPOLIS & SUBURBAN SEWER & 1,470A0 REPLACE WATER SERVICE 00001556 280666 34014- 5913.6180 1,470.00 BLACKTOP STREET RENOVATION GENERAL SUPPLIES FIRE DEPT. GENERAL CONTRACTED REPAIRS METER REPAIR MILEAGE OR ALLOWANCE ARENA ADMINISTRATION j CONTRACTED REPAIRS DISTRIBUTION CITY OF EDINA 2/8/2012 7:45:39 R55CKREG LOG20000 Council Check Register Page - 17 2/9/2012 — 219/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 356253 21912012 103216 MINNEAPOLIS FINANCE DEPARTMENT 16,671.55 WATER PURCHASE 280842 431 - 0005.300 -2/ 5913.6601 WATER PURCHASED DISTRIBUTION 12 16,671.55 356254 21912012 129970 MINNEAPOLIS REGIONAL CHAMBER O 50.00 CRITICAL ISSUES FORUM 281161 020612 1120.6106 MEETING EXPENSE ADMINISTRATION 50.00 356255 21912012 101459 MINNESOTA RECREATION & PARKAS 187.00 BASKETBALL TEAMS (11) 280743 REGISTRATION 4077.6105 DUES & SUBSCRIPTIONS EDINA ATHLETIC ASSOCIATION 187.00 356256 2/912012 128914 MINUTEMAN PRESS 359.03 UTILITY WORK ORDER PADS 280949 10708 5910.6406 GENERAL SUPPLIES GENERAL (BILLING) 359.03 356257 21912012 120996 MOBILE MINI INC. 3,218.25 STORAGE UNIT PURCHASE 281101 151044770 7411.6710 EQUIPMENT REPLACEMENT PSTF OCCUPANCY 3,218.25 356258 21912012 117420 MOE, MARK 32.50 ART WORK SOLD 280936 020212 5101.4413 ART WORK SOLD ART CENTER REVENUES 32.50 356259 21912012 121491 MORRIE'S PARTS & SERVICE GROUP 398.11 SPINDLE 00005872 280744 501093F6W 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 398.11 356260 219/2012 108668 MORRIS, GRAYLYN 150.00 EP ENTERTAINMENT 2116/12 281098 011912 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 150.00 356261 21912012 104431 NENA 85.00 MEMBERSHIP - JENNIFER RADDE 280771 2012 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 85.00 356262 219/2012 104431 NENA 30.00 ENP REFERENCE MANUAL 280950 020311 1400.6405 BOOKS & PAMPHLETS POLICE DEPT. GENERAL 30.00 356263 2/912012 100763 NEOPOST USA INC. R55CKREG LOG20000 FINAL PAYMENT 281124 CITY OF EDINA- . 03465.1705.30 1,141.11 FINAL PAYMENT 281124 Council Check Register 04379.1705.30 1,231:09 FINAL PAYMENT 281124 2/9/2012 —2/91M12 Check # Date Amount Supplier /.Explanation PO # Doc No Inv No Account No 27.35 LABELS FOR POSTAGE MACHINE 280745 13625474 1400.6235 27.35 1,419.50 FINAL PAYMENT 281153 356264 2/912012 03464.1705.30 100076 NEW FRANCE WINE CO. FINAL PAYMENT 281153 020312 05514.1705.30 97.50 FINAL PAYMENT - 280885 71535 5862.5513 282.00 281045 71536 5822.5513 379.50 356265 21912012 100922 NEWMAN TRAFFIC SIGNS 1,604.74 SIGNS, LETTERS 00001530 281009 TI- 0244752 1325.6531 1,604.74 356266 219/2012 129963 NGUYEN, JAIMEE 100.00 9/7/12 RENTAL REFUND CENT LKS 281102 020112 5751.4555 100.00 356267 21912012 120235 NORTH AMERICAN RESCUE LLC 132.44 TOURNIQUETS. 280951 IN94274 1400.6104 132.44 356268 21912012 115616 NORTH IMAGE APPAREL INC. 233.35 UNIFORMS 00005604 280667 NIA5441 1552.6406 353.20 UNIFORMS 00005604 280667 NIA5441 1551.6406' 579.50 UNIFORMS 00005604 280667 NIA5441 1260.6406 953.70 UNIFORMS 00005604 280667 NIA5441 1553.6201 2,236.30 UNIFORMS 00005604 280667 . NIA5441 5422.6201 = 31050.30 UNIFORMS 00005604 280667 NIA5441 5913.6201 5,105.05 UNIFORMS 00005604 280667 NIA5441 1646.6201 6,324.87 UNIFORMS 00005604 280667 NIA5441 1301.6201 18,836.27 356269 21912012 121497 NORTHWEST ASPHALT INC. Subledger Account Description POSTAGE 959.01 FINAL PAYMENT 281124 020612 03465.1705.30 1,141.11 FINAL PAYMENT 281124 020612 04379.1705.30 1,231:09 FINAL PAYMENT 281124 020612 05515.1705.30 3,055.59 FINAL PAYMENT 281124 020612 01373.1705.30 - 6,386.80 356270 21912012 121497 NORTHWEST ASPHALT INC. 1,419.50 FINAL PAYMENT 281153 020312 03464.1705.30 2,144.46 FINAL PAYMENT 281153 020312 05514.1705.30 2,384.74 FINAL PAYMENT - 281153 020312 043781705.30 COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE SIGNS & POSTS CENTENNIAL LAKES PARK CONFERENCES & SCHOOLS, GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES LAUNDRY', . LAUNDRY. -' LAUNDRY,, LAUNDRY.` LAUNDRY CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS 9 CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS 2/8/2012 7:45:39 Page - 18 Business Unit POLICEbEPT. GENERAL VERNON SELLING 50TH ST SELLING STREET NAME SIGNS CENTENNIAL LAKES REVENUE POLICE DEPT. GENERAL CENT SVC PW BUILDING CITY HALCGENERAL ENGINEERING,GENERAL EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS DISTRIBUTION BUILDING MAINTENANCE GENERAL MAINTENANCE SS-465 OSCAR ROBERTS RECON OSCAR ROBERTS RECON OSCAR ROBERTS RECON BA -373 OSCAR ROBERTS RECON SS -464 MCCAULEY HEIGHTS RECON MCCAULEY HEIGHTS RECON MCCAULEY HEIGHTS RECON R55CKREG LOG20000 CITY OF EDINA 218/2012 7:45:39 Council Check Register Page - 19 2/9/2012 -2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 5,975.87 FINAL PAYMENT 281153 020312 03463.1705.30 CONTRACTOR PAYMENTS SS-463 KILLARNEY SHORES RECON 6,802.11 FINAL PAYMENT 281153 020312 01372.1705.30 CONTRACTOR PAYMENTS BA -372 McCAULEY HEIGHTS 7,786.50 FINAL PAYMENT 281153 020312 05513.1705.30 CONTRACTOR PAYMENTS KILLARNEY SHORES RECON 21,925.67 FINAL PAYMENT 281153 020312 04377.1705.30 CONTRACTOR PAYMENTS KILLARNEY SHORES RECON 23,706.01 FINAL PAYMENT 281153 020312 01371.1705.30 CONTRACTOR PAYMENTS BA -371 KILLARNEY SHORES 72,144.86 356271 219/2012 100933 NORTHWEST GRAPHIC SUPPLY CO. 366.32 POTTERY TOOL KITS 00009115 280952 41713501 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 171.45 D'ARCHES W/C 00009115 280953 41713502 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 537.77 356272 219/2012 105007 NU- TELECOM 557.72 PSAP MONTHLY SERVICE 280995 80614545 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 557.72 356273 21912012 105575 NYSTROM PUBLISHING CO. INC 147.93 2012 SPRINGISUMMER DIRECTORY 280746 - 25095 1629.6575 PRINTING ADAPTIVE RECREATION 197.25 2012 SPRING/SUMMER DIRECTORY 280746 25095 5110.6575., PRINTING ART CENTER ADMINISTRATION 197.25 2012 SPRING/SUMMER DIRECTORY 280746 25095 5510.6575 PRINTING ARENA ADMINISTRATION 197.25 2012 SPRINGISUMMER DIRECTORY 280746 25095 5760.6575 PRINTING CENTENNIAL LAKES ADMIN EXPENSE 197.25. - 2012 SPRING/SUMMER DIRECTORY 280746 25095 5710.6575 PRINTING EDINBOROUGH ADMINISTRATION 197.25 2012 SPRING/SUMMER DIRECTORY 280746 25095 1628.6575 PRINTING SENIOR CITIZENS 271.50 2012 SPRING/SUMMER DIRECTORY 280746 25095 1600.6575 PRINTING PARK ADMIN. GENERAL 394.50 2012 SPRINGISUMMER DIRECTORY 280746 25095 5410.6575 PRINTING GOLF ADMINISTRATION 1,800.18 356274 219/2012 103578 OFFICE DEPOT 520.27 TONER 280747 594175933001 5710.6406 GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION 38.56 PLANNER 00002047 281010 594474088001 5760.6406 GENERAL SUPPLIES CENTENNIAL LAKES ADMIN EXPENSE 558.83 356275 21912012 100936 OLSEN COMPANIES 225.14 CHAIN, FLASHLIGHT 00001603 281147 667229 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 225.14 356276 21912012 115669 ON CALL SERVICES 126.70 ADVENTURE PEAK STAIR REPAIR 280748 2236 5720.6530 REPAIR PARTS EDINBOROUGH OPERATIONS 126.70 356277 21912012 121026 PALDA & SONS INC: 1,290.99- PARTIAL PAYMENT NO. 5 281152 020612 01355.1705.30 CONTRACTOR PAYMENTS BA -355 GOLF TERRACE N'HOOD R55CKREG' LOG20000 COST OF GOODS SOLD WINE. 1,810.58 CITY OF EDINA _ COST OF GOODS SOLD WINE YORK SELLING 356278 21912012 Council Check Register 129485 PAPCOINC: COST 0 GOODS'SOLD WINE: 50TH ST SELLING 2/9/2012 -2/9/2012 148.34 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 475.00 PARTIAL PAYMENT NO.5 281152 020612 03443.1705.30 CONTRACTOR PAYMENTS 1,141.72 PARTIAL PAYMENT NO.5 281152 020612 04350.1705.30 CONTRACTOR PAYMENTS 1,484.85 PARTIAL PAYMENT NO.5 281152 020612 05485.1705.30 CONTRACTOR PAYMENTS 7411.6511 7411.6511 1301.6182 1301.6182 1301.6180 5101.4413 CLEANING SUPPLIES CLEANING SUPPLIES 218/2012 7:45:39 Page - 20 Business Unit SS-443 GOLF TERRACE N'HOOD STS -350 GOLF TERRACE N'HOOD WM-485 GOLF TERRACE N'HOOD PSTF OCCUPANCY PSTF OCCUPANCY 'RUBBISH REMOVAL GENERAL MAINTENANCE RUBBISH REMOVAL GENERAL MAINTENANCE CONTRACTED REPAIRS GENERAL MAINTENANCE ART WORK SOLD ART CENTER REVENUES 5862.5513 COST OF GOODS SOLD WINE. 1,810.58 5842.5513 _ COST OF GOODS SOLD WINE YORK SELLING 356278 21912012 VERNON SELLING 129485 PAPCOINC: COST 0 GOODS'SOLD WINE: 50TH ST SELLING 148.34 CLEANING KIT, MOPS 281103 69652 19.20 CARPET SPOTTER GEL 281104 69478 -1 167.54 356279 21912012 119486 PARAGON LAND SCULPTING 2,500.00 DIRT DISPOSAL 281162 3882 1,250.00 DIRT DISPOSAL 281163 3890 1,250.00 DIRT DISPOSAL 281163 3890 5,000.00' 356280 219/2012 102440 PASS, GRACE 61.75 ART WORK SOLD 280937 020212 61.75 356281 21912012 100347 PAUSTIS & SONS 2,001.51 280886 8336822 -IN 110.25 280887 8336990 -IN 33.25 280888 8336827 -IN 675.75 281046 8336814 -IN 2,820.76 356282 21912012 125492 PAYPAL INC. 39.95 TRANSACTION FEE 280843 15207101 39.95 356283 21912012 100945 PEPSI -COLA COMPANY 332.50 280889 58911266 332.50 356284 21912012 119935 PET CROSSING 2,523.00 K -9 DENTAL SURGERY 280668 119100 2,523.00 356285 2/9/2012 100743 PHILLIPS WINE & SPIRITS 145.94 280890 2191215 386.60 280891 2191216 ` 7411.6511 7411.6511 1301.6182 1301.6182 1301.6180 5101.4413 CLEANING SUPPLIES CLEANING SUPPLIES 218/2012 7:45:39 Page - 20 Business Unit SS-443 GOLF TERRACE N'HOOD STS -350 GOLF TERRACE N'HOOD WM-485 GOLF TERRACE N'HOOD PSTF OCCUPANCY PSTF OCCUPANCY 'RUBBISH REMOVAL GENERAL MAINTENANCE RUBBISH REMOVAL GENERAL MAINTENANCE CONTRACTED REPAIRS GENERAL MAINTENANCE ART WORK SOLD ART CENTER REVENUES 5862.5513 COST OF GOODS SOLD WINE. VERNON SELLING 5842.5513 _ COST OF GOODS SOLD WINE YORK SELLING 5862.5515 COST OF, GOODS SOLD MIX VERNON SELLING 5822.5513 COST 0 GOODS'SOLD WINE: 50TH ST SELLING 5910.6155 BANK SERVICES CHARGES GENERAL (BILLING) 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 4607.6103 PROFESSIONAL SERVICES EDINA CRIME FUND K9 DONATION 5842.5512 COST OF GOODS'SOLD LIQUOR YORK SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKREG LOG20000 CITY OF EDINA 218/2012 7:45:39 Council Check Register Page - 21 2/9/2012 - 2/9/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 145.58 280892 2191217. 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 57.12 280893 2191221 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,884.73 280894 2191220 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4.48 260895 2191213 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,031.63 280896 2191218 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,257.37 280897 2191214 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 446.33 280898 2191219 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,273.84 281047 2191209. 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 349.74 281048 2191210 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 9,983.36 356286 2/912012 100958 PLUNKETTS PEST CONTROL 46.30 PEST CONTROL 281105 3046276 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 46.30 356287 2/912012 129581 POLY -TEX INC. 433.51 GREENHOUSE VENT FANS 00001375 280749 0165013 -IN 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 433.51 356288 21912012 119620 POMP'S TIRE SERVICE INC. 273.86 TIRES 00005767, 280750 107610 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 104.47 TIRE 00005767 280813 111637 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 247.48 ROAD SERVICE REPAIRS 00005767 280814 111413 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 55.00 TIRE REPAIR 00005767 280844 092511 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 381.35 TIRES 00005767 280845 114356 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,062.16 356289 21912012 100961 POSTMASTER - USPS 325.00 NEWSLETTER POSTAGE 281106 020612 1628.6235 POSTAGE SENIOR CITIZENS 325.00 356290 21912012 105690 PRO -TEC DESIGN INC. 300.61 PANIC BUTTON SWITCHES 00004301 280846 59340 - 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 1,017.70 SOFTWARE SUPPORT AGREEMENT 281011 SA274 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 1,916.03 MAINTENANCE AGREEMENT OOCAMERA281012 SA275B 1553.6806 PUBLIC WORKS BUILDING EQUIPMENT OPERATION GEN 2,815.05 MAINTENANCE AGREEMENT OOCAMERA281012 SA2758 , 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 6,049.39 356291 21912012 106322 PROSOURCE SUPPLY 461.66 LINERS, CUPS, LYSOL 00002058 281013 5486 5761.6511 CLEANING SUPPLIES CENTENNIAL LAKES OPERATING 495.64 TISSUE, TOWELS, LINERS 00002058 281014 5505. 5761.6511 CLEANING SUPPLIES CENTENNIAL LAKES OPERATING 957.30 R55CKREG LOG20000 Check # Date Amount Supplier / Explanation CITY OF EDINA Council Check Register 2/9/2012 -2/9/2012 PO # Doc No Inv No Account No 356292 21912012 100971 QUALITY WINE 319.80 280899 568451 -00 124.80 280900 . 568641 -00 1,963.61 280901 568600 -00 850.00 280902 .568740 -00 8,930.67 280903 568601 -00 743.73 280904 568642 -00 2,090.67 280905 568457 -00 .04 280906 569243 -00 21:60 - 280907 - 565954 -00 1,199.15 281049 568452 -00 418.93 281050 568643 -00 588.80 281051 569827 -00 17,208.60 356293 21912012 100974 RAYMOND HAEG PLUMBING 1,703.60 INSTALLATION OF NEW KILN 280996 13735 1,703.60 356294 219/2012 129971 RED LAKE COUNTY 250.00 OUT OF COUNTY WARRANT 281164 020512 250.00 356295 2/912012 129967 RISSER, JULIE 85.00 TRAINING 281148 120612 85.00 356296 219/2012 129912 ROCHESTER ARBORIST WORKSHOP ` 220.00 EHAP WORKSHOP (2) 00001464 280772 013112 220.00 356297 219/2012 101556 SHRED -IT USA INC. 13.00 DOCUMENT SHREDDING 280751 0253896157 13.00 280997 10253896158 26.00 356298 219/2012 120784 SIGN PRO 280.01 YORK REMODELING SIGNS 280752 5331 280.01 356299 21912012 122800 SOUTH METRO CARPET.& UPHOLSTER 5842.5512 5842.5513 5842.5513 5862.5513 5862.5513 5862.5513 5862.5512 5862.5513 5842.5512- 5822.5512 5822.5513 5862.5513 P011161rLIf7 1000.2055 1122.6103 1644.6104 1400.6406 1400.6406 5842.6575 Subledger Account Description Business Unit COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR ,COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE 'COST OF GOODS SOLD WINE 7/8/2012 7:45:39 Page - 22 YORK SELLING YORK SELLING YORK SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING YORK SELLING 50TH ST-SELLING 50TH ST SELLING VERNON SELLING MACHINERY & EQUIPMENT ART CENTER BALANCE SHEET DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET PROFESSIONAL SERVICES CONFERENCES & SCHOOLS GENERAL SUPPLIES GENERAL SUPPLIES ENERGY& ENVIRONMENT COMM TREES &MAINTENANCE POLICE DEPT. GENERAL POLICE DEPT. GENERAL PRINTING YORK SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/912012 -219/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 224.44 CARPET CLEANING 280669 860 5821.6162 SERVICES CUSTODIANS 336.66 280670 861 5861.6162 SERVICES CUSTODIANS 2/812012 7:45:39 Page - 23 Business Unit 50TH ST OCCUPANCY VERNON OCCUPANCY 1400.6104 CONFERENCES & SCHOOLS 561.10 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 356300 219/2012 VERNON SELLING 122368 SOUTH METRO PUBLIC SAFETY COST OF GOODS SOLD WINE YORK SELLING 5862.5512 COST OF GOODS SOLD LIQUOR 2,345.00 COURSE FEES 280998 8697 5822.5513 COST OF GOODS SOLD WINE 2,345.00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 356301 21912012 50TH ST SELLING 127878 SOUTHERN WINE AND SPIRITS COST OF GOODS SOLD WINE VERNON SELLING 1,707.00 280908 1710435 1,131.50 280909 1716677 82.50 280910 `. 1716679 2,116.30 280911 1687707 937.92 281052 1687705 161.00 281053 1710434 82.50 281054 1716678 360.50 281055 1682597 360.50 281056 1682598 6,939.72 356302 21912012 110977 SOW, ADAMA 87.75 ART WORK SOLD 280938 020212 87.75 356303 21912012 119715 SPARTAN PROMOTIONAL GROUP INC. 1,032.89 PIZZA CUTTERS 00003715 281107 490573 1,032.89 356304 21912012 129409 STEEN, BARB 110.50 ART WORK SOLD _ 280939 020212 110.50 356305 21912012 112668 STONEBROOKE EQUIPMENT INC. 343.07 CUTTING EDGE KITS 00005613 280815 21619 343.07 356306 2/912012 101015 STREICHERS 42.74 CHARGING HANDLE 280999 1901951 879.98 VEST 281000 1901770 922.72 356307 21912012 101017 SUBURBAN CHEVROLET 2/812012 7:45:39 Page - 23 Business Unit 50TH ST OCCUPANCY VERNON OCCUPANCY 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5101.4413 ART WORK SOLD ART CENTER REVENUES 1470.6406 5101.4413 1553.6585 1400.6104 1400.6203 GENERAL SUPPLIES FIRE DEPT. GENERAL ART WORK SOLD ART CENTER REVENUES ACCESSORIES EQUIPMENT OPERATION GEN CONFERENCES & SCHOOLS POLICE DEPT. GENERAL UNIFORM ALLOWANCE POLICE DEPT. GENERAL R55CKREG LOG20000 CITY OF EDINA' 2/8/2012 7:45:39 Council Check Register Page - 24 2/9/2012 -2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description, - Business Unit 195.58 SPRING 00005901 280816 374065 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 195.58 356308 21912012 100900 SUN NEWSPAPERS 35.97 PUBLISH,NOTICE 280671 1358840 1120.6120 ADVERTISING LEGAL ADMINISTRATION 254.79 PUBLISH SUMMARY BUDGET 280672 1358838 1120.6120 ADVERTISING LEGAL ADMINISTRATION 35.97 PUBLISH NOTICE 280673 1358839 1120.6120 ADVERTISING LEGAL _ ADMINISTRATION 99.66 LIQUOR STORE AD 281109 1358932 5862.6122 ADVERTISING OTHER VERNON SELLING 99.67 LIQUOR STORE AD 281109 - 1358932 5622.6122 > ADVERTISING OTHER 50TH ST SELLING 99.67 LIQUOR STORE AD 281109 1358932 5842.6122 ' ADVERTISING OTHER YORK SELLING 260.00 BRAEMAR ARENA AD 281165 !'1357856 5510.6406 GENERAL SUPPLIES ARENA ADMINISTRATION 885.73 356309 21912012 110674 SUPERIOR WIRELESS COMMUNICATIO 37.55 NEXTEL 00001555 280674 31785 1301.6188 TELEPHONE GENERAL MAINTENANCE 37.55 356310 21912012 120998 SURLY BREWING CO. 519.00 280912 V001489 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 702.00 281057 VO01531 5822.5514 _ COST OF GOODS SOLD BEER 50TH ST SELLING 1,221.00 356311 2/912012 102299 TAPPER, ELIZABETH 81.90 ART WORK SOLD 280940 020212 5101.4413 ART WORK SOLD ART CENTER REVENUES 81.90 356312 21912012 102300 TCALMC 95.00 TRAINING -ADAM HELGREN 00001465 280773 1/2012 :1640.6104 CONFERENCES & SCHOOLS PARK MAINTENANCE GENERAL 95.00 TRAINING- MARSHALL SYVERTSEN30001465 280774 :2/2012 1640.6104 CONFERENCES & SCHOOLS PARK MAINTENANCE GENERAL 190.00 NATE BEHLEN, DUSTIN HANLY 280.817 020212 5919.6104 CONFERENCES & SCHOOLS TRAINING 380.00 356313 21912012 122794 TENNANT SALES AND SERVICE COMP 861.88 BRUSHES 00005612, 280818 '910794823 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 861.88 356314 219/2012 101035 THORPE DISTRIBUTING COMPANY 3,214.63 280913 674081 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,214.63 356316 21912012 120700 TIGER OAK PUBLICATIONS INC. 291.66 MAGAZINE ADVERTISING 280675 2012 -70914 5862.6122 ' ADVERTISING OTHER VERNON SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/9/2012 - 2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 291.67 MAGAZINE ADVERTISING 280675 2012 -70914 5822.6122 ADVERTISING OTHER 291.67 MAGAZINE ADVERTISING 280675 2012 -70914 5842.6122 ADVERTISING OTHER EDUCATION PROGRAMS GENERAL SUPPLIES 2/812012 7:45:39 Page - 25 Business Unit 50TH ST SELLING YORK SELLING EMPLOYEE PROGRAMS PARK ADMIN. GENERAL PROFESSIONAL SERVICES ADMINISTRATION 875.00 ADMINISTRATION SAFETY EQUIPMENT GENERAL MAINTENANCE 356316 219/2012 103331 TILSNER, DONNA 10.48 REIMBURSEMENT 280851 020212 1513.6218 23.69 REIMBURSEMENT 280851 020212 1600.6406 34.17 356317 21912012 123129 TIMESAVER OFF SITE SECRETARIAL 356.25 DRAFT 1/17/12 COUNCIL MINUTES 281110 M18857 1120.6103 262.50 DRAFT 12120/11 COUNCIL MINUTES 281149 M18812 1120.6103 618.75 356318 21912012 103277 TITAN MACHINERY 205.20 SHELVING 00001601 281150 9C03911 1301.6610 205.20 - 356319 21912012 103982 TRAFFIC CONTROL CORPORATION 1,713.75 GRAPHICS DISPLAY & ETHERNET 00001574 280819 0000052543 1330.6215 1,713.75 356320 2/912012 116535 TRAVELERS 336.50 DEDUCTIBLE 281166 000401538 1550.6200 336.50 356321 2/912012 121460 TRIMBLE NAVIGATION LIMITED 260.59 CPS 5M RT CBLE 280676 119914 1400.6160 260.59 356322 2/912012 103298 UPS STORE #1715, THE 13.98 SHIPPING CHARGE 00005835 280753 TRAN:2819 1301.6201 13.98 366323 219/2012 101058 VAN PAPER CO. 75.24 CAN LINERS 00001531 280820 224025 -00 1552.6406 45.66- CREDIT 280821 225060CM 5842.6512 29.58 356324 219/2012 101063 VERSATILE VEHICLES INC. 34.98 SEAT FOR UTILITY VEHICLE 00002051 280847 12612002 5761.6530 34.98 EDUCATION PROGRAMS GENERAL SUPPLIES 2/812012 7:45:39 Page - 25 Business Unit 50TH ST SELLING YORK SELLING EMPLOYEE PROGRAMS PARK ADMIN. GENERAL PROFESSIONAL SERVICES ADMINISTRATION PROFESSIONAL SERVICES ADMINISTRATION SAFETY EQUIPMENT GENERAL MAINTENANCE EQUIPMENT MAINTENANCE TRAFFIC SIGNALS INSURANCE CENTRAL SERVICES GENERAL DATA PROCESSING POLICE DEPT. GENERAL LAUNDRY - GENERAL MAINTENANCE GENERAL SUPPLIES CENT SVC PW BUILDING PAPER SUPPLIES YORK SELLING REPAIR PARTS CENTENNIAL LAKES OPERATING R55CKREG LOG20000 341.59 CITY OF EDINA 356327 Council Check Register 101067 VIKING INDUSTRIAL CENTER 2/9/2012 -2/912012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger'Account Description 1301.6610 356325 21912012 101061 VICTORY CORPS 473.91 USA FLAGS 281111 '153157 7411.6406 GENERAL SUPPLIES 100023 VOGEL, ROBERT C. 473.91 356326 219/2012 750.00 101066 VIKING ELECTRIC SUPPLY 280754 212002 1140.6103 13.45 CANVAS UTILITY BAG 00001528 280822 6069279 1552.6406 GENERAL SUPPLIES 328.14 HOLE CUTTERS, ELEC HANDBOOK 00001528 280822 6069279: 1322.6406 GENERAL SUPPLIES SAFETY EQUIPMENT PROFESSIONAL SERVICES ART WORK SOLD AMBULANCE FEES ARTWORK SOLD CONFERENCES & SCHOOLS CONFERENCES & SCHOOLS COST OF GOODS SOLD WINE COST OF:GOODS SOLD,WINE COST OF GOODS SOLD WINE 218/2012 7:45:39 Page - 26 Business Unit PSTF OCCUPANCY CENT SVC PW BUILDING STREET LIGHTING ORNAMENTAL . GENERAL MAINTENANCE PLANNING ART CENTER REVENUES FIRE DEPT. GENERAL ART CENTER REVENUES POLICE DEPT. GENERAL FIRE DEPT. GENERAL YORK SELLING VERNON SELLING 50TH ST SELLING 341.59 356327 219/2012 101067 VIKING INDUSTRIAL CENTER 172.75 GLOVES 00001037 281151 282302 1301.6610 172.75 356328 21912012 100023 VOGEL, ROBERT C. 750.00 CONSULTANT SERVICES 280754 212002 1140.6103 750.00 356329 2/9/2012 121611 VON BARGEN, AMY 55.25 ART WORK SOLD 280941 020212 5101.4413 55.25 356330 21912012 129958 WARREN, CYNTHIA 1,492.00 AMBULANCE OVERPAYMENT 281119 013112 1470.4329 1,492.00 356331 21912012 104681 WEBB, DONNA 16.25 ART WORK SOLD 280942 020212 5101.4413 16.25 356332 21912012 120513 WHITE, AARON 93.83 CONFERENCE EXPENSES 281001 :020112 1400.6104 93.83 356333 2/912012 123364 WHITE, SHAUN - 412.70 TUITIONITEXTBOOK REIMBURSEMENT 281112 11020212 1470.6104 412.70 356334 2/912012 101033 WINE COMPANY, THE 88.00 280914 291027 -00 5842.5513 1,199.80 280915 291251 -00 5862.5513 1,147.20 281058 291252 -00 5822.5513 SAFETY EQUIPMENT PROFESSIONAL SERVICES ART WORK SOLD AMBULANCE FEES ARTWORK SOLD CONFERENCES & SCHOOLS CONFERENCES & SCHOOLS COST OF GOODS SOLD WINE COST OF:GOODS SOLD,WINE COST OF GOODS SOLD WINE 218/2012 7:45:39 Page - 26 Business Unit PSTF OCCUPANCY CENT SVC PW BUILDING STREET LIGHTING ORNAMENTAL . GENERAL MAINTENANCE PLANNING ART CENTER REVENUES FIRE DEPT. GENERAL ART CENTER REVENUES POLICE DEPT. GENERAL FIRE DEPT. GENERAL YORK SELLING VERNON SELLING 50TH ST SELLING R55CKREG LOG20000 CITY OF EDINA 2/812012 7:45:39 Council Check Register Page - 27 2/9/2012 - 2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,435.00 356335 2/912012 101312 WINE MERCHANTS 283.42 280916 395595 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 714.08 280917 395597 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,662.53 .280918 395596 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 761.05 281059 395594 5822.5513 COST OF GOODS SOLD WINE, 50TH ST SELLING 96.00 281060 56621 5842.5513 COST OF GOODS SOLD WINE YORK SELLING - 3,517.08 356336 21912012 117482 WINECONNECTINC. " 159.24 WEB - FEB 2012 280755 934 5842.6406 GENERAL SUPPLIES YORK SELLING ' 159.24 356337 21912012 124291 WIRTZ BEVERAGE MINNESOTA 166.30 280919, 697224 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4,224.14 280920 697449 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 84.30 280921 697450 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,015.04 280922 697448 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 6,423.32 280923 697445 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 81.10 280924 697447 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,314.38 280925 695721 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING _ 205.34 280926 697456 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 942.00 280927 697455 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1.15- 280928 849546 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 71.45 281061 698131 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,430.85 281062 699002 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 681.24 281063 697453 5822.5512 COST OF GOODS SOLD LIQUOR 30TH ST SELLING 1,775.15 281064 697454 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,136.00 281065 697452 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 22,549.46 366338 2/912012 124529 WIRTZ BEVERAGE MINNESOTA BEER 2,482.75 280929 854959 5842.5514 COST OF GOODS.SOLD BEER ., YORK SELLING 2,315.30 280930 854466 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING - 2,990.05 280931 854161 5662.5514 COST OF GOODS SOLD BEER VERNON SELLING 64.50 280932 854162 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,344.00 280933 854467 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,004.30 281066 856747 5822.5514 COST OF GOODS SOLD BEER 50TH ST. SELLING 21.50, 281067 856748 5822.5515 COST OF GOODS SOLD MIX 50TH ST. SELLING 884.65 281068 856926 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 21.50 281069 856927 5842.5514 COST OF GOODS SOLD BEER YORK SELLING R55CKREG LOG20000 CITY OF EDINA 2/8/2012 7:45:39 Council Check Register Page - - 28' 2/912012 - 2/912012 Check # Date Amount Supplier / Explanation PO # Doc No - Inv No Account No Subledger- Account Description' ' Business Unit.. j 12,128.55 356339 21912012 118395 WITMER PUBLIC SAFETY GROUP INC 679.80 HOODS 00003691 281113 E917608.001 1476.6552 PROTECTIVE CLOTHING FIRE DEPT:-GENERAL 679.80 356340 2/912012 102228, WOOLDRIDGE, MARY 104.90 MILEAGE REIMBURSEMENT 280848 020112 5410.6107 MILEAGE OR ALLOWANCE GOLF ADMINISTRATION i 104.90 356342 219/2012 101726 XCEL ENERGY 4.44 51- 6541084 -2 280677 !:311888835 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 64.05 51- 6692497 -0 280678 311731587 1460.6185 LIGHT & POWER CIVILIAN DEFENSE . 227.57 51-8987646-8 286679 312086353 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 36.28 51- 8102668 -0 280680 312070624 1321.6185 LIGHT & POWER' STREET LIGHTING REGULAR 1,102.66 51- 5547446 -1 280681 312209599 1628.6185 LIGHT' &POWER SENIOR CITIZENS 48.95 51- 9422326 -6 280682 312106599 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 573.58 51- 5107661 -4 280683 312024375 5111.6185 LIGHT'& POWER ART CENTER BLDG/MAINT 8,208.76 51- 9603061 -0 280684 312099740 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 199.18 51- 9337452 -8 280685 312090368 1321.6185 LIGHT &'POWER STREET LIGHTING REGULAR 1,742.61 51- 6223269 -1 280686 312044152 5210.6185 LIGHT & POWER GOLF DOMIfPROGRAM 139.49 51- 6046826 -0 280687 312213990 5422.6185 LIGHT & POWER MAINT OF COURSE & GROUNDS 6.08 51- 4827232 -6 280688 312194713 5311.6185 LIGHT & POWER POOL OPERATION 3,495.68 51- 4966303 -6 280689 312197898 1330.6185 LIGHT &P.OWER TRAFFIC SIGNALS 30,244.24 51- 4621797 -2 286690 312040913 1321.6185 LIGHT & POWER " ' STREET LIGHTING REGULAR 10.17 , 51- 60501842 280756. , 311882568 4086.6103 PROFESSIONAL SERVICES` AQUATIC WEEDS j 79.31 51- 5938955.6 280757 312212788 4086.6185 . '.LIGHT N POWER AQUATIC WEEDS 81.09 51- 9608462 -5 280758 312093769 5921.6185 LIGHT & POWER SANITARY LIFT STATION MAINT 39.69 51- 0193479 -4 280759 311948384 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 615.25 51- 9011854 -4 280760 312088169 5913,6185 LIGHT & POWER DISTRIBUTION 55.70 51- 0223133 -2 280761 311788688 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 108.06 51- 8526048 -8 280762 311917076 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 31.00 51- 68922245 2817763 311894453 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 314.13 51- 9251919 -0 280764 311924931 5765.6185 LIGHT & POWER PROMENADE EXPENSES 70.69 51- 89760049 280765 312084289 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 131.53 51- 97701647 280766 .311933075 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 58.61 51- 8997917 -7 280767 311923096 1321.6185 LIGHT & -POWER STREET LIGHTING REGULAR 24.62 51- 9770163 -6 M768, ;311941404 1321:6185 LIGHT& POWER STREET LIGHTING REGULAR 36.22 51- 0160483 -1 280769 311787538 1330.6185 LIGHT &POWER' _ TRAFFIC SIGNALS 455.25 51- 8324712 -5 280770 311919619 1321.6185 LIGHT &'POWER STREET LIGHTING REGULAR 1,083.46 51- 56348142 280849 312377521 5934.6185 LIGHT &POWER STORM LIFT STATION, MAINT 15,248.71 51- 4888627 -1 281015 312541664 5511.6185 LIGHT & POWER ARENA BLDG/GROUNDS• - -.. 1 .f R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/9/2012 —2/9/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 109.70 51- 6137136 -8 281016 312562319 5430.6185 2,087.46 51- 4159265 -8 281114 312021612 7411.6185 3,024.19 51- 6955679 -8 281167 312736601 1551.6185 69,758.41 356343 2/912012 129844 YOGA CENTER OF MINNEAPOLIS 85.00 FITNESS TRAINING OOWEEK 4 281115 012712 85.00 OOWEEK 5 281116 020112 85.00 OOWEEK 3 281117 020212 85.00 OOWEEK 2 281118 FEB2 340.00 356344 2/912012 120099 Z WINES USA LLC 330.00 281070 10826 330.00 1,094,744.98 Grand Total 1470.6104 1470.6104 1470.6104 1470.6104 5862.5513 Subledger Account Description LIGHT & POWER LIGHT &'POWER LIGHT & POWER —CONFERENCES & SCHOOLS CONFERENCES & SCHOOLS CONFERENCES &SCHOOLS CONFERENCES & SCHOOLS COST OF GOODS SOLD WINE Payment Instrument Totals Check Total 1,094,744.98 Total Payments 1,094,744.98 2/8/2012 7:45:39 Page - 29 Business Unit RICHARDS GOLF COURSE PSTF OCCUPANCY CITY HALL GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL VERNON SELLING R55CKSUM LOG20000 CITY OF EDINA 218/2012 7:46:28 Council Check Summary Page - 1 2/912012 - 2/912012 Company Amount 01000 GENERAL FUND 388,135.84 02200 COMMUNICATIONS FUND 7,466.72 02300 POLICE SPECIAL REVENUE 1,390.00 04000 WORKING CAPITAL FUND 46,400.51 04200 EQUIPMENT REPLACEMENT FUND 1,533.95 05100 ART CENTER FUND 4,061.30 05200 GOLF DOME FUND 1,742.61 05300 AQUATIC CENTER FUND 33,256.08 05400 GOLF COURSE FUND 5,247.77 05500 ICE ARENA FUND 16,383.46 05600 EDINBOROUGH/CENT LAKES FUND 2,430.77 05700 EDINBOROUGH PARK FUND 3,920.26 05750 CENTENNIAL LAKES PARK FUND 3,197.31 05800 LIQUOR FUND 126,078.75 05900 UTILITY FUND 409,599.96 05930 STORM SEWER FUND 27,983.64 07400 PSTF AGENCY FUND 11,263.36 09900 PAYROLL FUND 4,652.69 Report Totals 1,094,744.98 We confirm to the best of our knowledge and belief, that these claims comply in all material respects With the requirements of the City of Edina purchasing poli 'e and procedures date.—,:;?,-/ q ( Z R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 1 2/14/2012 - 2/1612012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account D_ escription Business Unit 356345 2114/2012 102775 MN DNR ECO -WATERS 140.00 DNR WATER REPORT 281619 1998 6029 5915.6260 LICENSES & PERMITS WATER TREATMENT 140.00 281620 1998 6041 5915.6260 LICENSES & PERMITS WATER TREATMENT 35,000.40 281621 1973 1119 5915.6260 LICENSES & PERMITS WATER TREATMENT 35,280.40 356346 2/16/2012 101833 A.T.O.M.- 325.00 .TRAINING CONFERENCE 281177 39992975,402972 1400.6104_ CONFERENCES & SCHOOLS - POLICE DEPT. GENERAL 48 :325.00 ' 356347 211612012 100613 AAA - 14.50 LICENSE PLATE. 281413 020812 1553.6260 LICENSES & PERMITS EQUIPMENT OPERATION GEN 14.50 356348 211612012 129981 AAL, PAULA 102.00 CLASS REFUND 281386 020812 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 102.00 356349 2/16/2012 101971 .ABLE HOSE & RUBBER INC. 365.77 SUCTION HOSE 00001580 281172- 1- 837409 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 13.25. HOSE 00001554 281265 1- 837387 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 379.02 356350 211612012 124613 ABM JANITORIAL - NORTH CENTRAL 2,782.41 FEB 2012 SERVICES 281304 '3485269 1551.6103 PROFESSIONAL SERVICES, CITY HALL GENERAL 2,782.41 JAN 2012 SERVICES 281311 3387902 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 5,564.82 356361 2116/2012 103173 ACCOUNTEMPS . 719.55 UB TEMP .= 281173 34824061 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 719.55 356352 211612012 102971 ACE ICE COMPANY 70.00 281455 0816333 5862.5515 COST. OF GOODS SOLD MIX VERNON SELLING 33.20 281456 0816334 5822.5515 COST OF GOODS SOLD MIX BOTH ST SELLING 103.20 356353 _ 211612012 101166 AHEAD INC 652.06 MERCHANDISE 281545 INV0117359 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 652.06 R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 2 2/14/2012 — 2/16/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 356354 211612012 111228 ALDEN POOL & MUNICIPAL SUPPLY 1,673.66 EJECTOR NOZZLES 00001565 281266 1106016 5915.6406 GENERAL SUPPLIES WATER TREATMENT 1,673.66 356355 211612012 100575 ALL SAFE INC. 79.32 EXTINGUISHER MAINTENANCE 00001472 281174 111523 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 891.75 EXTINGUISHER MAINTENANCE 00001477 281546 111683 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 971.07 356356 2116/2012 100058 ALLIED WASTE SERVICES #894 39,958.20 RECYCLING 281229 2772675 5952.6183 RECYCLING CHARGES RECYCLING 39,958.20 356357 211612012 100665 AMSAN 54.27 HAND WIPES 00001351 281175 258997972 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 54.27 356358 211612012 100630 ANCHOR PAPER CO. INC. 1,053.67 COPIER PAPER 281267 10312390 -00 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 1,053.67 356359 211612012 129855 ANGELOS, DENA 100.00 AMBULANCE OVERPAYMENT 281622 020912 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 100.00 356360 2/1612012 102470 AON RISK SERVICES INC. OF MN 4,390.00 PREMIUM 281305 6100000131760 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 4,390.00 356361 2/1612012 102172 APPERrS FOODSERVICE 419.54 CONCESSION FOOD 281547 1682594 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 692.31 CONCESSION FOOD 281548 1685948 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 324.24 MICROWAVE OVEN 281549 1681775 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 1,436.09 356362 211612012 103680 ARAMARK REFRESHMENT SRVCS 430.72 COFFEE 281312 1001318 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 490.63 COFFEE 281313 1004308 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 172.29 COFFEE 281414 422741 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 110.63 COFFEE 281550 422743 5210.5510 COST OF GOODS SOLD GOLF DOME PROGRAM 1,204.27 R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 3 2/14/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 356363 2/1612012 102774 ASPEN WASTE SYSTEMS 33.00 281230 010112 5821.6182 RUBBISH REMOVAL 50TH STOCCUPANCY 33.28 281230 `010112 1481.6182 RUBBISH REMOVAL YORK FIRE STATION 48.33 281230 010112. 5111.6182 RUBBISH REMOVAL ART CENTER BLDG /MAINT 52.60 281230 010112 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 68.33 281230 010112 5210.6182 RUBBISH REMOVAL GOLF DOME PROGRAM 85.23 281230 010112 1470.6182 RUBBISH REMOVAL FIRE DEPT: GENERAL 87.47 281230 010112 1628.6182 RUBBISH REMOVAL SENIOR CITIZENS' 92.18 281230 010112 5841.6162 'RUBBISH REMOVAL YORK OCCUPANCY 104.35 281230 010112 5861.6182 RUBBISH REMOVAL VERNON OCCUPANCY 137.82 281230 010112 5422.6182 RUBBISH REMOVAL MAINT OF COURSE & GROUNDS 207.57 281230 010112. 5420.6182 RUBBISH REMOVAL CLUB HOUSE 247.25 281230 010112 1551.6182 RUBBISH REMOVAL CITY HALL GENERAL 275.08 281230 010112 5511.6182 RUBBISH REMOVAL ARENA BLDG/GROUNDS 310.23 281230 010112 1301.6182 RUBBISH REMOVAL GENERAL MAINTENANCE 310.23 281230 010112 1552.6182 RUBBISH REMOVAL CENT SVC PW BUILDING 693.37 281230 010112 5620.6182 RUBBISH REMOVAL EDINBOROUGH PARK 2,786.32 356364 211612012 102774 ASPEN WASTE SYSTEMS 26.30 281231 020212 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 33.00 281231 020212 5821.6182 RUBBISH REMOVAL 50TH ST OCCUPANCY 33.28 281231 020212 1481.6182 RUBBISH REMOVAL YORK FIRE STATION 48.33 281231 020212 5111.6182 RUBBISH REMOVAL ART CENTER BLDG /MAINT 52.60 281231 020212 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 68.33 281231 020212 5210.6182 RUBBISH REMOVAL GOLF DOME PROGRAM' 85.23 281231 020212 1470.6182 RUBBISH REMOVAL FIRE DEPT. GENERAL 87.47 281231 020212 1628.6182 RUBBISH REMOVAL SENIOR CITIZENS 92.18 281231 020212 5841.6182 RUBBISH REMOVAL YORK OCCUPANCY 104.35 281231 020212 5861.6182 RUBBISH REMOVAL VERNON OCCUPANCY 137.82 281231 020212 5422.6182 RUBBISH REMOVAL MAINT OF COURSE & GROUNDS 207.57 281231 020212 5420.6182 RUBBISH REMOVAL CLUB HOUSE 246.15 281231 020212 5511.6182 RUBBISH REMOVAL ARENA BLDG /GROUNDS 247.25 281231 020212 1551.6182 RUBBISH'REMOVAL CITY HALL GENERAL 310.23 281231 020212 1301.6182 RUBBISH REMOVAL GENERAL MAINTENANCE 310.23 281231 020212 1552.6182 RUBBISH REMOVAL CENT SVC PW BUILDING 693.37 281231 020212 5620.6182 RUBBISH REMOVAL EDINBOROUGH PARK 2,783.69 366385 2116/2012 103080 AT &T 40.00 4436 SUBPOENA CHARGES 281176 96977 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 40.00 R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 356366 211612012 100643 BARR ENGINEERING CO. 2,767.50 COMP WATER RESOURCES MGMT 1,079.00 STORMWATER MGMT 3,846.50 356367 211612012 102195 BATTERIES PLUS 339.09 BATTERIES 339.09 356368 211612012 100607 BAUER, MICHAEL 99.98 UNIFORM PURCHASE 74.80 LICENSE RENEWAL 174.78 356369 2/1612012 129549 BEHLEN, NATE 7.77 MILEAGE REIMBURSEMENT 7.77 CITY OF EDINA Council Check Register 2/14/2012 - 2116/2012 PO # Doc No Inv No Account No Subledger Account Description 281623 23271072.00 -23 5913.6103 PROFESSIONAL SERVICES 281624 23270354.00 -188 5932.6103 PROFESSIONAL SERVICES 00003691 281551 018 - 259861 1470.6406 GENERAL SUPPLIES 281178 020312 1301.6201 281613 021312 1240.6105 281608 021012 5919.6104 LAUNDRY DUES & SUBSCRIPTIONS 2/1412012 13:08:09 Page- 4 Business Unit DISTRIBUTION GENERAL STORM SEWER FIRE DEPT. GENERAL GENERAL MAINTENANCE PUBLIC WORKS ADMIN GENERAL CONFERENCES & SCHOOLS TRAINING 356370 211612012 100648 BERTELSON OFFICE PRODUCTS 31.98 PLANNER 281314 WO- 744478 -1 1550.6406 GENERAL SUPPLIES 29.91 FILE FOLDERS 281315 WO- 744777 -1 1550.6406 GENERAL SUPPLIES 21.13 OFFICE SUPPLIES 281316 WO- 744982 -1 1550.6406 GENERAL SUPPLIES 44.78 STAPLES 281317 WO- 748647 -1 1550.6406 GENERAL SUPPLIES 187.13 OFFICE SUPPLIES 281318 WO- 746570 -1 1400.6513 OFFICE SUPPLIES 357.02 OFFICE SUPPLIES 281319 WO- 750460 -1 1400.6513 OFFICE SUPPLIES 11.51 PENS 281320 WO- 749386 -1 1600.6406 GENERAL SUPPLIES 3.18 PENS 281321 WO- 749949 -1 1600.6406 GENERAL SUPPLIES 7.67- PENS 281322 CP -WO- 749386 -1 1600.6406 GENERAL SUPPLIES 133.27 PERSONNEL FOLDERS 281323 WO- 750519 -1 1550.6406 GENERAL SUPPLIES 21.27 INDEX TABS 281324 WO- 749492 -1 1550.6406 GENERAL SUPPLIES 14.42 FLASH DRIVE 281325 WO- 749994 -1 1550.6406 GENERAL SUPPLIES 82.42 OFFICE SUPPLIES 281326 WO- 752710 -1 1600.6406 GENERAL SUPPLIES 153.01 PENS, PADS 281327 WO- 751285 -1 1550.6406 GENERAL SUPPLIES 59.92 LAMINATING POUCHES 281328 WO- 752756 -1 1550.6406 GENERAL SUPPLIES 24.98 PACKAGING TAPE 281329 WO- 752749 -1 1550.6406 GENERAL SUPPLIES 27.55 BINDERS 281415 OE- 278504 -1 7414.6218 EDUCATION PROGRAMS 56.04 BINDERS 281415 OE- 278504 -1 7410.6513 OFFICE SUPPLIES 14.46 HAND WIPES 281416 OE- 278522 -1 7414.6406 GENERAL SUPPLIES 1,266.31 356371 211612012 122688 BMK SOLUTIONS CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL PARK ADMIN. GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL PUBLIC PROGRAMS PSTF ADMINISTRATION PUBLIC PROGRAMS R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/14/2012 — 2116/2012 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description 422.13 TONER CARTRIDGE 281330 74560 1550.6406 GENERAL SUPPLIES 323.45 OFFICE SUPPLIES 00003740 281552 74842 1470.6513 OFFICE SUPPLIES 2/14/2012 13:08:09 Page - 5 Business Unit CENTRAL SERVICES GENERAL FIRE DEPT. GENERAL 5511.6136 PROFESSIONAL SVC - OTHER 745.58 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 1470.6510 356372 211612012 5862.5513 129789 BORODKIN, ADENA VERNON SELLING 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 97.00 SPRING CLASS REFUND 281387 020612 97.00 356373 211612012 105367 BOUND TREE MEDICAL LLC 1,254.61 AMBULANCE SUPPLIES 00003717 281553 87328882 68.60 AMBULANCE SUPPLIES 00003717 281554 87329354 1,323.21 366374 211612012 119351 BOURGET IMPORTS 1,857.00 281457 106721 1,857.00 356375 2116/2012 129986- BOWLER, BEVERLY 1,358.00 AMBULANCE OVERPAYMENT - 281625 020912 1,358.00 356376 211612012 100659 BOYER TRUCK PARTS 44.91, SUPPORT 00005884 281268 604724 14.35 KIT 00005855 "281269 605208 256.07 SPRING, U -BOLTS 00005738 281555 595880 315.33 356377 2/1612012 102785 'BRIDGE FOR YOUTH, THE 4,932.00 2012 SUPPORT 281306 012712 4,932.00 356378 2116/2012 .103244 BURTIS, ROBERT 150.00 EP ENTERTAINMENT 2/23/12 281384 020112 150.00 356379 2116/2012 102149 CALLAWAYGOLF - - 8,910.00 RANGE BALLS 281232 923120541 1,855.00- CREDIT 281626 922944079 583.20- REBATE CREDIT 281627 923120572 6,471.80 366380 211612012 119465 CAPITOL BEVERAGE SALES 2/14/2012 13:08:09 Page - 5 Business Unit CENTRAL SERVICES GENERAL FIRE DEPT. GENERAL 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDGIGROUNDS 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1504.6103, PROFESSIONAL SERVICES HUMAN RELATION COMMISSION 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 5424.6590 RANGE BALLS RANGE 5440.5511 'COST OF GOODS -PRO SHOP PRO SHOP RETAIL SALES 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES R55CKREG LOG20000 CITY OF EDINA - 9/14/2012 13:08:09 Council Check Register Page - 6 2/1412012 - 211612012 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 31.10 281458 41612 5822.5515 COST OF GOODS SOLD MIX SOTH ST SELLING 760.65 281459 41611 5822.5514 COST OF GOODS SOLD BEER BOTH ST SELLING 315.55- 281460 00010185 5842.5514 COST OF GOODS SOLD.BEER YORK SELLING 476.20 356381 211612012 100681 CATCO 1,135.38 SHAFT, CYLINDER 00005851 281270 17 -50420 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,135.38 356382 211612012 112561 CENTERPOINT ENERGY 2,472.94 55465041 281179 5546504 -1/12 1470.6186 HEAT FIRE DEPT. GENERAL 2,472.94 356383 211612012 123898 CENTURYLINK 107.70 952 826 -7398 281233 7398 -1/12 7410.6103 PROFESSIONAL SERVICES PSTF ADMINISTRATION 83.86 952 941 -1019 281234 1019 -1/12 7411.6188 TELEPHONE PSTF OCCUPANCY 539.88 612 E01 -8392 281235 8392 -2/12 1550.6188 TELEPHONE - CENTRAL SERVICES GENERAL 606.52 612 E12 -6797 281236 6797 -2/12 1550.6188 _ TELEPHONE CENTRAL SERVICES GENERAL 606:52 612 E01 -0426 281237 0426 -2/12 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 303.56 612 E24 -8656 - 281238 8656 -2/12 1628.6188 TELEPHONE SENIOR CITIZENS 540.45 612 E24 -8657 281239 8657 -2/12 5420.6188 TELEPHONE CLUB HOUSE 19.41 651281-1355 8001311 281240 1311 -2/12 1400.6188 TELEPHONE POLICE DEPT. GENERAL 57.92 952926 -0092 281241 0092 -2112 5913:6188 TELEPHONE DISTRIBUTION 122.09 952 926 -0419 281242 0419 -2112 1646.6188 TELEPHONE BUILDING MAINTENANCE 104.80 612 E23 -0652 281331 0652 -2/12 2310.6406 GENERAL SUPPLIES E911 ' 3,092.71 356384 211612012 129487 CHALK TALK 475.00 CHALKBOARD MENU BOARD 281614 11 -3302 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 12.00 LETTERING 281615 11 -3300 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 487.00 356385 211612012 129973 CHEROKEE'. PRODUCTIONS INC. 295.00 SEMINAR REGISTRATION 281243 020712 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 295.00 356386 2/1612012 101264 CHETs SAFEY SALES INC. 110.00 SAFETY BOOTS 00005845 281180 9590 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 110.00 356387 211612012 101663 CITY ENGINEERS ASSOCIATION OF 60.00 DUES= WAYNE HOULE 281417 25057 1240.6105 DUES & SUBSCRIPTIONS PUBLIC WORKS ADMIN GENERAL R55CKREG LOG20000 MAINT OF COURSE & GROUNDS PROFESSIONAL SERVICES CITY OF EDINA RICHARDS GOLF COURSE SERVICE CONTRACTS EQUIPMENT EDINBOROUGH OPERATIONS ADVERTISING OTHER 50TH ST SELLING Council Check Register YORK SELLING:- ADVERTISING OTHER VERNON SELLING 2/14/2012 - 2116/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 60.00 356388 _211612012 100687. CITY OF RICHFIELD 198.55 %XCEL FOR LIFT STATION 00001690 .281616 5132 5934.6185 198.55 356389 211612012 114639 CITY OF ST LOUIS PARK 4,747.53 COLLECTION HAULING 281418 131135 5923.6136 4,747.58 356390 211612012 120747 CMS 360.00 DRUG TESTING 281244 012012532294 1550.6121 360.00 356391 211612012 101119 COCKRIEL, VINCE 67.71 MILEAGE REIMBURSEMENT 281556 021012 1600.6107 67.71 356392 2/1612012 120433 COMCAST 67.45 8772 10 614 0199138 281245 199138 -1/12 5422.6188 6.76 8772 10 614 0373022 281333 373622 -1/12 1120.6103 91.05 8772 10 6140164959 281334 164959 -1/12 5430.6188 82.93 8772 10 614 0220686 281557 220686 -2/12 5720.6230 248.19 356393 2116/2012 120826 COMCAST SPOTLIGHT 150.00 TV ADS 281181 399349 5822.6122 150.00 TV ADS 281181 399349 5842.6122 150.00 TV ADS 281181 399349 5862.6122 450.00 356394 2/1612012 123261 CONSTITUTION STATE SERVICES LL 23,210.00 WORKERS COMP 281628. 1581184 1550.6200 23,210.00 366395 211612012 100695 CONTINENTAL CLAY CO. 48.53 SPONGES, ELEMENTS 00009118 281182 R200376855 5111.6406 19.28 STAIN 00009102 281558 INV000066378 5110.6564 67.81 356396 2116/2012 101590 CORNERSTONE ADVOCACY SERVICE - 13,650.00 2012 SERVICES 281307 2012 1504.6103 Subledger Account Description LIGHT & POWER 2/14/2612 13:08:09 Page- 7 Business Unit STORM LIFT STATION MAINT PROFESSIONAL SVC - OTHER COLLECTION SYSTEMS ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL MILEAGE OR ALLOWANCE PARK ADMIN. GENERAL TELEPHONE MAINT OF COURSE & GROUNDS PROFESSIONAL SERVICES ADMINISTRATION TELEPHONE RICHARDS GOLF COURSE SERVICE CONTRACTS EQUIPMENT EDINBOROUGH OPERATIONS ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING:- ADVERTISING OTHER VERNON SELLING INSURANCE GENERAL SUPPLIES CRAFT SUPPLIES CENTRAL SERVICES GENERAL ART CENTER BLDG/MAINT ART CENTER ADMINISTRATION PROFESSIONAL SERVICES I HUMAN RELATION COMMISSION R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/14/2012 — 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No - Account No Subledger Account Description- Business Unit 2/14/2012 13:08:09 Page- 8 1551.6406 GENERAL SUPPLIES 13,650.00 1425.6406 GENERAL SUPPLIES DARE 356397 211612012 PSTF OCCUPANCY 101915 COUNTRY FLAGS SERVICE CONTRACTS EQUIPMENT EDINBOROUGH'OPERATIONS 1500.6103 PROFESSIONAL SERVICES 27.79 FLAG ROPE 281332 5678 5421.6511 CLEANING SUPPLIES 27.79 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 356398 2116/2012 FIRE EQUIPMENT 122132- CREATIVE PRODUCT SOURCING INC. COST OF GOODS SOLD MIX VERNON SELLING 5862.5514,_, 218.90 DARE WORKBOOKS 281402 43020 50TH ST SELLING 5822.5514 218.90 BOTH ST SELLING 5842.5514 COST OF GOODS SOLD BEER 356399 211612012 100699 CULLIGAN BOTTLED WATER - 86.88 '114-09855685-4 WATER 281419 013112 86.88 356400 211612012 101418 CUMMINS NPOWER LLC 673.38 GENERATOR MAINTENANCE 281559 100 -76311 673.38 356401 211812012 129550 CUNINGHAM GROUP ARCHITECTURE 31,666.00 GRANDVIEW STUDY 281410 37473 . 31,666.00 356402 211612012 102791 D2 SERVICES INC. 5,642.60 SCADA SERVICES 00005430 281271 10188 =.- 5,642.60 356403 2/1612012 104020 DALCO 157.11 GRILL CLEANER 00006330 281335 2424439 3117.54 PUNCH DEGREASER 00005853 281420 2424888 468.65 356404 211612012 129991 DANKO EMERGENCY EQUIPMENT 11,870.37 SKID UNIT - 00003690 281560 7118 11,870.37 356405 211612012 102478 DAY DISTRIBUTING CO. 52.40 281461 .637212 2,529.10 281462 637213 64.00 281463 637215 1,527.15 281464 637214 -. 315.40- 281465 637148 3,857.25 2/14/2012 13:08:09 Page- 8 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 1425.6406 GENERAL SUPPLIES DARE 7411:6406 .. GENERAL SUPPLIES PSTF OCCUPANCY 5720.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH'OPERATIONS 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 05508.1705 CONSTR: IN PROGRESS ', WM -508 SCADA SYSTEM 5421.6511 CLEANING SUPPLIES GRILL 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 421470.6710 EQUIPMENT REPLACEMENT FIRE EQUIPMENT 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 5862.5514,_, COST OF GOODS SOLD.BEER - VERNON`SELLING 5822.5515• COST OF GOODS SOLD MIX 50TH ST SELLING 5822.5514 COST OF GOODS SOLD BEER BOTH ST SELLING 5842.5514 COST OF GOODS SOLD BEER YORK SELLING R55CKREGI LOG20000 CITY OF EDINA Council Check Register 2/14/2012 - 2/16/2012 Check # Date Amount Supplier /,Explanation PO # Doc No Inv No Account No _ Subledger Account Description 356406 2/1612012 _ 100713- -DAY - TIMER . 184.71 CALENDARS 281561 61409370 -001 5710.6406 GENERAL SUPPLIES 2/14/2012 13:08:09 Page- 9 Business Unit EDINBOROUGH ADMINISTRATION TOOLS 184.71 TOOLS GENERAL MAINTENANCE TOOLS GENERAL MAINTENANCE . TOOLS 356407 7J1612012 TOOLS 100718 DELEGARD TOOL CO. TOOLS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS 275.63 PORTA POWER 00005906 281183 660119 1553.6556 16.03 NEEDLE NOSE SET 00001615 281184 657790 1301.6556 719.67 5PC WOBBLE AD SET 281185, 657293 1301.6556 128.45 'AIR HAMMER, DRIVER SET 281186 657289 1301.6556 6.72 DRIVER 00005787 281272 659494 1553.6556 120.82 VISE 00005882 281273 661431 1553.6556 111.15 BATTERIES 00005882'281274 661365 1553.6530 192.38- CREDIT 281275 661426 1553.6530 1,186.09 356408 211612012 128869 DEVRIES, GRETCHEN 20.00 WINTER GOLF PARTIAL REFUND 281602 021312 1600.4390.15 20.00 356409. 2116/2012 102831 - DEX MEDIA EAST INC. 1,388.45 110311893 281336 1103118931/12 5410.6122 66.01 651972955 281562 651972955 -1/12 5710.6122 1,454.46 366410 211612012 121546 DICK, KENNA' 147.71 TRAINING EXPENSES 281.187 020612 _ - 1400.6104 147.71 356411 211612012 123162 DISH NETWORK 52.40 - 8255 7070 8142 2839 281421 020412 741 1.6406 52.40 356412 211612012 101766 DISPLAY SALES 99.76 MINNESOTA FLAG 00008014 281188 INV6083781 5511.6406 99.76 " 356413 211612012 129157 DO- GOOD.BIZ INC 66.02 LIQUOR STORE NEWSLETTERS 281190 4616 -01 5862.6122 66.03 LIQUOR.STORE NEWSLETTERS 281190 4616 -01 5842.6122 66.03 LIQUOR STORE NEWSLETTERS 281190 4616 -01- 5842.6122 . 198.08 2/14/2012 13:08:09 Page- 9 Business Unit EDINBOROUGH ADMINISTRATION TOOLS EQUIPMENT. OPERATION GEN TOOLS GENERAL MAINTENANCE TOOLS GENERAL MAINTENANCE . TOOLS GENERAL MAINTENANCE TOOLS EQUIPMENT OPERATION GEN. TOOLS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN GEN ADAPTIVE REC PARK ADMIN. GENERAL ADVERTISING OTHER GOLF ADMINISTRATION ADVERTISING OTHER EDINBOROUGH ADMINISTRATION CONFERENCES '& SCHOOLS POLICE DEPT. GENERAL GENERAL SUPPLIES PSTF OCCUPANCY GENERAL SUPPLIES. ARENA BLDG/GROUNDS ADVERTISING OTHER VERNON SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER YORK SELLING-. R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 10 2/14/2012 —211612012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account-No. Subledger Account Description Business Unit 366414 211612012 112663 DOLLARS & SENSE 683.33 DIRECT MAIL COUPON 281189 28761 5822.6122 ADVERTISING OTHER 50TH ST SELLING 683.33 DIRECT MAIL COUPON 281189 28761 5842.6122 ADVERTISING OTHER YORK SELLING 683.34 DIRECT MAIL COUPON 281189 28761 5862.6122 ADVERTISING OTHER VERNON SELLING 2,050.00 356415 211612012 100730 DORSEY & WHITNEY LLP 20,840.15 SOUTHDALE DEVELOPMENT 281563 1777468 1000.1303 DUE FROM HRA GENERAL FUND BALANCE SHEET 20,840.15 356416 2116/2012 129718 DREW'S CONCESSIONS LLC 144.00 CARMEL CORN 281564 1525 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 144.00 356417 211612012 104192 DYNAMIC BRANDS 2,513.48 RENTAL GOLF CARTS 00006438 281392 757385 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 2,513.48 356418 2/16/2012 101630 EDINA PUBLIC SCHOOLS 6,235.00 HRRC GRANT - 2012 281308 003 1504.6103 PROFESSIONAL SERVICES HUMAN RELATION COMMISSION 6,235.00 356419 2/1612012 102955 EDINA PUBLIC SCHOOLS 154.75 1/22112 ORCHESTRA HALL TRIP 281191 12 -008 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 154.75 356420 211612012 106020 EDINA RESOURCE CENTER 39,082.00 2012 FUNDING 281337 012712 1507.6103 PROFESSIONAL SERVICES FAMILINK EDINA 39,082.00 356421 2/1612012 103594 EDINALARM INC. 1,143.75 INSTALL ALARM/MONITORING 281246 71061 5422.6250 ALARM SERVICE MAINT OF COURSE & GROUNDS 335.05 ALARM MONITORING 281338 71122 5420.6250 ALARM SERVICE CLUB HOUSE 335.05 ALARM MONITORING 281339 71117 5420.6250 ALARM SERVICE CLUB HOUSE 168.00 ALARM MONITORING 00001478 281565 71175 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 1,981.85 356422 211612012 119362 EHRESMANN, DANIEL 37.99 UNIFORM PURCHASE 261422 021012 1301.6201 LAUNDRY GENERAL MAINTENANCE 37.99 R55CKREG LOG20000 EQUIPMENT OPERATION GEN REPAIR PARTS CITY OF EDINA EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN Council Check Register 2114/2012 - 2/16/2012 Check # Date Amount Supplier/ Explanatlon PO # Doc No Inv No Account No 356423 2/1612012 12998t ELEMENTS 1,122.47 DEPOSIT REFUND 281629 020912 1120.4314 1,122.47 356424. 211612012 127590 ETTERMAN ENTERPRISES 306.64 MARKER LIGHTS, CONNECTORS 00005883 .281423 179548 1553.6530 306.64 356425 2/1612012 100018 EXPERT T BILLING 7,332.00 JANUARY BILLINGS 281192 020312 1470.6103 7,332.00 356426 211612012 100146 FACTORY MOTOR PARTS COMPANY 242.56 BATTERIES .00005839 281276 69- 058872 1553.6530 296.80 CONDENSER ASSEMBLY.. 00005839 281277 69- 058533 1553.6530 - - 282.18 SWITCH 00005839 281424 69 -059049 1553.6530 83.02 LIGHTS, FILTERS 00005839 281425 69- 058998 1553.6530 41.68- CREDIT 281426 69 -058916 1553.6530 862.88 356427, 211612012 129989 FAEGRE BAKER DANIELS LLP 10,000.00 PACE FINANCING 281630 1238120 1500.6103 10,000.00 356428 2/1612012 _ 126004 FERGUSON WATERWORKS 30.27 CB RODS 00001549 281278 S01347882.002 5913.6406 914.82 REPAIR CLAMPS 00001559 281427 501349024.001 5913.6530 945.09 366429 211612012 120831 FIRST SCRIBE INC. 425.00 ROWAY 281426 23529 1260.6103 425.00 356430 211612012 101475 FOOTJOY 87.25 JACKET 281340 4114049 5440.5511 132.09 SHOES 281341 4119436 5440.5511 151.00-.,,SHOE RETURN 281342 6909273 5440.5511 68.34 356431 211612012 129983 FRISWOLD, SARAH 92.00 SPRING CLASS REFUND 281390 . 020612 5511.6136 92.00 2/1412012 13:08:09 Page - 11 Subledger Account Description Business Unit INVESTIGATION FEE ADMINISTRATION REPAIR PARTS EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES FIRE DEPT. GENERAL REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES.. CONTINGENCIES GENERAL SUPPLIES REPAIR PARTS PROFESSIONAL SERVICES COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP COST OF GOODS - -PRO SHOP PROFESSIONALSVC - OTHER DISTRIBUTION DISTRIBUTION ENGINEERING GENERAL PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES ARENA BLDG/GROUNDS R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 12 2/14/2012 - 2/16/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 366432 211612012 100764 G & K SERVICES 42.48 281247 013112 5511.6511 CLEANING SUPPLIES ARENA BLDG/GROUNDS 99.92 281247 013112 5913.6201 LAUNDRY DISTRIBUTION 131.31 281247 013112 1646.6201 LAUNDRY BUILDING MAINTENANCE 157.44 281247 013112 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 289.22 281247 013112 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 424.64 281247 013112. 1301.6201 LAUNDRY GENERAL MAINTENANCE 1,145.01 356433 211612012 129993 GARDEBRING, WESTON 20.00 WINTER GOLF PARTIAL REFUND 281603 021312 1600.4390.15 GEN ADAPTIVE REC PARK ADMIN. GENERAL 20.00 356434 211612012 101931 GEAR FOR SPORTS 867.84 MERCHANDISE 281566 40557475 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,403.37 281567 11524296 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,271.21 366435 211612012 100920 GENUINE PARTS COMPANY - MINNEA 42.14 AUTO PARTS 281279 013112 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 44.45 AUTO PARTS 281279 013112 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 120.67 AUTO PARTS 281279 013112 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 207.26 366436 2/1612012 129994 GERLACH, GRED 20.00 WINTER GOLF PARTIAL REFUND 281605 021312 1600.4390.15 GEN ADAPTIVE REC PARK ADMIN. GENERAL 20.00 356437 211612012 124541 GEYEN GROUP 480.94 CLEANING 281343 21763 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 133.59 CARPET CLEANING 281568 21776 5420.6511 CLEANING SUPPLIES CLUB HOUSE 614.53 356438 211612012 128266 GILMOUR, CHAD 500.00 VIDEO GRAPHICS 281618 1016 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 500.00 356439 211612012 119936 GLOBAL OAK 75.00 ADMIN E- COMMERCE 281393 010603 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 75.00 EDINBOROUGH E- COMMERCE 281393 010603 5720.6103 PROFESSIONAL SERVICES EDINBOROUGH OPERATIONS 131.25 PARK & REC E- COMMERCE 281393 010603 1627.6103 PROFESSIONAL SERVICES SPECIAL ACTIVITIES R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 13 2114/2012 - 2/16/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 150.00 ART CENTER E- COMMERCE 281393 010603 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 150.00 BRAEMAR GOLF & VIRTUAL TOUR 281393 010603 5410.6103 PROFESSIONAL SERVICES GOLF ADMINISTRATION 1,593.75 WEBSITE MAINTENANCE 281393 010603 1130.6124 WEB DEVELOPMENT COMMUNICATIONS 2,175.00 356440 211612012 129985 GOME7, ELISA 92.00 SPRING CLASS REFUND 281391 020612 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDGIGROUNDS 92.00 356441 2/1612012 100760 GOPHER STATE ONE -CALL INC. 375.20 JAN TICKETS 00001564 281280 32096 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 375.20 356442 211612012 100781 GRAFIX SHOPPE 48.00 NEW CITY LOGO PRINT 00005613 281193 78958 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 48.00 356443 21612012 101103 GRAINGER 34.97 CHEMICAL - RESISTANT COVERALLS)0001376 281194 9738301143 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 130.62 CHEMICAL RESISTANT GLOVES 00001376 281195 9738301135 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 70.53 TRAY /FILE HOLDER 00006136 281248 9735572258 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 58.83 LIGHTS 00006424 281249 9734468284 5421.6406 GENERAL SUPPLIES GRILL 26.97 CALENDARS 00006136 281250 9736357451 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 598.64 HAMMER DRILL, CHISELS 00001553 281282 9741304233 5913.6406 GENERAL SUPPLIES DISTRIBUTION 42.80 SAW BLADES 00005881 281283 9745668997 1553.6556 TOOLS EQUIPMENT OPERATION GEN 299.25 GLOVES, BATTERIES 00005842 281429 9743784119 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 15.90 SAFETY GLASSES 00005846 281430 9746669408 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 9.82 SAFETY GLASSES 00005846 281431 9746560920 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 30.24 SAFETY GLASSES 00005846 281431 9746560920 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 30.27 SAFETY GLASSES 00005846 281431 9746560920 1553.6610 SAFETY EQUIPMENT EQUIPMENT OPERATION GEN 77.34 SAFETY GLASSES 00005846 281431 9746560920 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 15.89 SAFETY GLASSES 00005846 281432 9746560904 1553.6610 SAFETY EQUIPMENT EQUIPMENT OPERATION GEN 37.77 SAFETY GLASSES 00005846 281432 9746560904 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 42.78 SAFETY GLASSES 00005846 281432 9746560904 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 30.70 STORAGE BINS 00001470 281569 9745612193 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 1,553.32 356444 2116/2012 124711 GRANDVIEW 71RE & AUTO - CAHILL 39.95 ALIGNMENT 00005071 281281 34663 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 39.95 356445 2116/2012 102217 GRAPE BEGINNINGS INC R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 14 2/14/2012 — 2116/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Descriptlon Business Unit 489.00 281466 136201 5862.5513 COST OF GOODS SOLD VINE VERNON SELLING 98.25 281467 136257 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 587.25 356446 2116/2012 105539 GREYSTONE CONSTRUCTION CO. 7,000.00 YORK REMODEL 00007504 281251 23132 5800.1720 BUILDINGS LIQUOR BALANCE SHEET 7,000.00 356447 211612012 100787 GRUBER'S POWER EQUIPMENT 155.85 FORESTRY SUPPLIES 00001473 281570 105081 1644.6406 GENERAL SUPPLIES TREES & MAINTENANCE 155.85 356448 211612012 129108 HAAG COMPANIES INC. 60.76 STONE 00002299 281571 1- 125281 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 60.76 356449 2116/2012 129929 HANLY, DUSTIN 7.77 MILEAGE REIMBURSEMENT 281609 021012 5919.6104 CONFERENCES & SCHOOLS TRAINING 7.77 356450 211612012 125270 HARTFORD - PRIORITY ACCOUNTS 3,211.72 PREMIUM 281403 5748389 -3 9900.2033.16 LTD - 99 PAYROLL CLEARING 3,211.72 356451 211612012 101255 HASLER INC. 295.01 SCALE RATE CHANGE 281196 15255023 1550.6235 POSTAGE CENTRAL SERVICES GENERAL 295.01 356462 2/1612012 128208 HEINZMAN, DAN 7.77 MILEAGE REIMBURSEMENT 281610 021012 5919.6104 CONFERENCES & SCHOOLS TRAINING 7.77 356453 211612012 129790 HELBING, ERIN 86.00 SPRING CLASS REFUND 281388 020612 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS 86.00 356454 211612012 105436 HENNEPIN COUNTY TREASURER 2,317.88 RADIO ADMIN FEE 281404 120138015 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL 1,274.96 RADIO ADMIN FEE 281572 120138014 1470.6151 EQUIPMENT RENTAL FIRE DEPT. GENERAL 3,592.84 356455 2/1612012 115377 HENRICKSEN PSG R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/14/2012 — 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 98.09 SHELFASSEMBLY 281344 486415 1551.6406 GENERAL SUPPLIES 98.09 356456 211612012 103753 HILLYARD INC • MINNEAPOLIS 2/14/2012 13:08:09 Page - 15 Business Unit CITY HALL GENERAL 70.12 SQUEEGEE 00002289 281573 600102505 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 271.77 SOAP 00002295 281574 600101123 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 345.75 CLEANING TOWELS 00002289 281575 600096250 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS - . 687.64 356457 211612012 129982 HOGLUND, RUTH 138.00 CLASS REFUND 281385 020712 5101:4607 CLASS REGISTRATION ART CENTER REVENUES 138:00 366458 2/1612012 104376 HOHENSTEINS INC. 1,081.21 281468 589258 5862.5514 COST -OF GOODS SOLD BEER VERNON SELLING 1,081.21 356459 2/16/2012 102205 HOMBERGER, JEFF 207.75 MILEAGE REIMBURSEMENT 281345 020712 5410.6107 MILEAGE OR ALLOWANCE GOLF ADMINISTRATION 207.75 356460 211612012 129987 HOVERSTEN, GARFIELD 2,125.69 ENTRY DOOR DAMAGES 281405 020912 1400.6406 - GENERAL SUPPLIES POLICE DEPT. GENERAL 2,125.69 356461 211612012 129992 IDCSERVCO BUSINESS SERVICES ` 394.37 TONER 00013012 281576 304271 5110.6513 OFFICE SUPPLIES ART CENTER ADMINISTRATION 394.37 366462 2/1612012 128034 INDEPENDENT OFFICIALS ASSOCIAT 1,200.00 OFFICIATING FEES 281406 368 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 1,200.00 - 366463 211612012 129077 IVERSON, TRAVIS 7.77 MILEAGE REIMBURSEMENT 281611 021012 5919.6104 CONFERENCES & SCHOOLS TRAINING 7.77 356464 2/1612012 104198 JACK MCCLARD & ASSOCIATES INC: 511.00 EQUIPMENT REPAIRS 00005857 281284 49268 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 511.00 356465 2/1612012 100829 JERRY'S HARDWARE R55CKREG LOG20000 CITY OF EDINA 2/14 /2012 13:08:09 Council Check Register Page - 16 2/14/2012 - 2/16/2012 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3.40 281285 012512 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 13.61 281285 012512 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 16.22 281285 012512 5860.6406 GENERAL SUPPLIES VERNON LIQUOR GENERAL 21.31 281285 012512 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 21.78 281285 012512 5820.6406 GENERAL SUPPLIES BOTH STREET GENERAL 29.33 281285 012512 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 30.37 281285 012512 5210.6406 GENERAL SUPPLIES GOLF DOME PROGRAM 33.71 281285 012512 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 33.79 281285 012512 1495.6406 GENERAL SUPPLIES INSPECTIONS 42.89 281285 012512 5511.6406 GENERAL SUPPLIES ARENA BLDGIGROUNDS 46.48 281285 012512 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 69.36 281285 012512 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 85.29 281285 012512 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 156.49 281285 012512 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 248.60 281285 012512 5913.6406 GENERAL SUPPLIES DISTRIBUTION 257.40 281285 012512 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 349.65 281285 012512 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 488.99 281285 012512 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 1,948.67 356466 211612012 102146 JESSEN PRESS 534.38 ENGINEERING PADS 281433 31060 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 534.38 366467 211612012 100741 JJ TAYLOR DIST. OF MINN 1,866.13 281469 1708711 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 21.50 281470 1708706 5822.5515 COST OF GOODS SOLD MIX BOTH ST SELLING 2,346.30 281471 1708705 5822.5514 COST OF GOODS SOLD BEER BOTH ST SELLING 24.30- 281472 1674889 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3.05- 281473 1674886 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 4,206.58 356468 211612012 100835 JOHNSON BROTHERS LIQUOR CO. 338.02 281474 1230598 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 31.37 281475 1230600 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,352.76 281476 123059 5822.5512 COST OF GOODS SOLD LIQUOR BOTH ST SELLING 84.68 281477 1230604 5822.5512 COST OF GOODS SOLD LIQUOR BOTH ST SELLING 413.80 281478 1224419 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 880.20 281479 1230606 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,846.95 281480 1230610 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 680.26 281481 1230602 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,605.25 281482 1230609 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 17 2/14/2012 - 2/1612012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 32.12 281483 1230611 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 5,662.01 281484 1230605 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 425.04 281485 1230607 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3.36 281486 1230608 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 44.62- 281487 525010 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 16,311:20 356469 211612012 105269 KORTERRA INC. 1,136.40 ANNUAL GSOC SERVICE FEE 00001568 281286 13224 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 1,136.40 356470 211612012 100605 LANDS' END BUSINESS OUTFITTERS 22.13 LOGO CLOTHING 281577 11135118 1513.6203 UNIFORM ALLOWANCE EMPLOYEE PROGRAMS 22.13 356471 211612012 100852 LAWSON PRODUCTS INC. 370.42 DRILL BITS, HEX NUTS 00001576 281197 9300543798 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 257.16 LUBE, CLEANING SOLVENT 00001515 281198 9300543796 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 393.60 DRILL, CLAMPS, BOLTS 00005875 261199 9300570001 1553.6530 REPAIR PARTS- EQUIPMENT OPERATION GEN 1,021.18 356472 2/1612012 101552 LEAGUE OF MINNESOTA CITIES 220.00 LEADERSHIP CONFERENCE 281346 156513 1120.6104 CONFERENCES & SCHOOLS ADMINISTRATION 220.00 366473 211612012 123848 LOW VOLTAGE CONTRACTORS 795.00 ALARM & SPRINKLER INSPECTION 281347 SO1.026951 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 795.00 356474 2/1612012 101792 LUBE -TECH 1,209.46 GAS 00006045 281252 2006385 5422.6581 GASOLINE MAINT OF COURSE & GROUNDS 663.17 DIESEL 00006046 281253 2006386 5422.6581 GASOLINE MAINT OF COURSE & GROUNDS 117.76 WINDSHIELD WASH FLUID 00005850 281287 2010004 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,990.39 356475 2/1612012 112577 M. AMUNDSON LLP 1,128.75 281488 125370 5822.5515 COST OF GOODS SOLD MIX SOTH ST SELLING 1,128.75. 356476 211612012 100864 MACQUEEN EQUIPMENT INC. 21.79 CLAMP 00005841 281200 2120936 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 167.49 BALL - JOINT, PIN & CLIP. 00005854 281288 2121119 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 18 2114/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 98.42 SWITCH 00005854 281289 2121114 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 76.16 WASHERS 00005909 281434 2121227 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 363.86 356477 211612012 120701 MADISON, DANIEL 577.50 OFFICIATING FEES 281407 BROOMBALL 4077.61.03 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 577.50 356478 211612012 122878 MARTTI; DOROTHEA 240.00 HOSTING FEE 281617 166 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 240.00 356479 211612012 100875 MCCAREN DESIGNS INC. 916.99 PLANTS 00002286 281578 53846 5720.6620 TREES, FLOWERS,.SHRUBS EDINBOROUGH OPERATIONS 916.99 356480 2116/2012 129313 MCLAUGHLIN, ANDREW 20.00 WINTER GOLF PARTIAL REFUND 281604 021312 1600.4390.15 GEN ADAPTIVE REC PARK ADMIN. GENERAL 20.00 356481 211612012 105603. MEDICINE LAKE TOURS 1,204.50 AMAZON TRIP 281394 020712 1628.6103.07 TRIPS PROF SERVICES SENIOR CITIZENS 1,204.50 356482 211612012 106326 MEDRANO, CHRIS 490.00 GOLF INSTRUCTION 281601 021312 1629.6103 PROFESSIONAL SERVICES ADAPTIVE RECREATION 490.00 356483 2/1612012 103720 - MEDTECH - 1,683.83 WRISTBANDS 281579 IN000367584 5710.6406 GENERAL'SUPPLIES EDINBOROUGH ADMINISTRATION 1,683.83 356484 211612012 101483 - MENARDS 26.02 LUMBER, GLUE 00001593 281201 14810 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 414.60 HOSE, PUMPS 00008013 281202 12027 5511.6511 CLEANING SUPPLIES ARENA BLDG/GROUNDS 5.12 LUMBER 00001460 261203 14913 1646.6577 LUMBER- BUILDING MAINTENANCE 22.29 MASKING TAPE 00006364 281254 10446 5420.6406 GENERAL SUPPLIES CLUB HOUSE 38.55 PAINT 00006142 281255 10738 5421.6406 GENERAL SUPPLIES GRILL 19.96 CARPET REPAIR 00001572 281348 10321 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 40.55 LUMBER 00001587 281349 12868 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 117.54 MIRROR, BLIND, HAMPER SET 00006364 281350 15394 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 13.72 BUILDING SUPPLIES 00001466 281580 16227 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE R55CKREG LOG20000 �i yr cvnw u w�a is la.uo.uu Council Check Register Page - . 19 2/14/2012 — 2/1612012 Check # Date Amount 'Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit — 698.35 -' 356485 211612012 101987 MENARDS 31.62 HOOKS, TARP, TAPE 281581 67819 5720.6406 GENERAL S_ UPPLIES EDINBOROUGH OPERATIONS 31.62 356486 211612012 100885 METRO SALES INC 2,271.49 COPIER USAGE 281408 444970 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL ` . 2,271.49 356487 211612012 102507 METRO VOLLEYBALL OFFICIALS 137.50 OFFICIATING FEES 281256 4080 4077.6103 PROFESSIONAL SERVICES EDINA'ATHLETIC ASSOCIATION 137.50 356488 .211612012 102729 METROPOLITAN FORD OF EDEN PRAI 10.77 SEAL ASSEMBLY 00005910 281435 479213 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 10.77 356489 211612012 101471 MGCSA 345.00 2012 DUES (3) 281257 020212 5410.6105 DUES & SUBSCRIPTIONS GOLF ADMINISTRATION 345.00 356490 211612012 100913 MINNEAPOLIS & SUBURBAN SEWER & 2,205.00 REPLACE WATER SERVICE 00001567 281290 34015 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 2,205.00 - 356491 211612012 127320 MINNESOTA CIT OFFICER'S ASSOCI 11,137:50 EDINA CIT CERTIFICATION COURSE 281436 20120206 7410.6218 EDUCATION PROGRAMS PSTF ADMINISTRATION 11,137.50 356492 211612012 101912 MINNESOTA DEPARTMENT OF AGRICU 55.00 LICENSE SURCHARGE FEES 00001299 281582 020612 1640.6260 LICENSES &'PERMITS PARK MAINTENANCE GENERAL 55.00 356493 211612012 105430 MINNESOTA SUPPLY COMPANY 2,305.29 UPRIGHT &BASE, STRAIGHT ARMS00005610 281291 M59836 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 2,305.29 356494 211612012` 100908 MINNESOTA WANNER CO. 21.00 LABOR - FABRICATION 00001571 281204 0092014 -1N 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 21.00 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2114/2012 — 2/16/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 356495 211612012 108636 MINNESOTA'WASTEWATEROPERATORS 60.00 WASTEWATER TRAINING (4) 281395 020712 5919.6104 CONFERENCES & SCHOOLS 60.00 356496 '211612012 100906 MTI DISTRIBUTING INC. 161.46 BEARINGS, SLEEVES_ 00006143 281258 - 825577 -00 5422.6530 REPAIR PARTS 5,179.47 REPLACEMENT FOUNTAIN 00006133 281259 824389 -00 5422.6611 IRRIGATION EQUIPMENT 5,340.93 356497 211612012 125470 MURAKAMI; SUSAN. 12.00 PROGRAM REFUND 281381 020612 1600.4390.15 GEN ADAPTIVE REC 12.00 356498 211612012 106662 NET LITIN DISTRIBUTORS 1,189.62 BIRTHDAY PARTY TABLECLOTHS 281583 156151 5720.5510 COST.ORGOODS SOLD 1,189.62 356499 2/1612012 122449 NEW LIFE ENTERPRISES INC. 45.00 FIREARMS TRAINING BOOKS 281437 3938 1414.6218 EDUCATION PROGRAMS .. 45.00 356500 2/1612012 101620 NORTH SECOND STREET STEEL SUPP — 6.77 SALES TAX CORRECTION -- 00005858 281438 DMM003 1553.6530 REPAIR PARTS 7.66- SALES TAX CORRECTION 00005858 281439 CM223002 1553.6530 REPAIR PARTS 101.21 STEEL 00005885 281440 224091 1553.6530 REPAIR PARTS 306:04 STEEL 00005885 281441 224090 1553.6530 REPAIR', PARTS 406.36 366501 2116/2012 104232 NORTHERN SAFETY TECHNOLOGY INC 302.30 MICRO LIGHTS - 00005748 281631 29401 1553.6530 REPAIR PARTS 302.30 356502 2116/2012 120577 NSWFA - 100.00 DUES 281260 020612 1470.6105 DUES & SUBSCRIPTIONS 100.00 356503 2116/2012 129975 OAK GROVE PRESBYTERIAN CHURCH 2,000.00 OASIS FOR Y_ OUTH GRANT 281351 100. 1504.6103 PROF_ ESSIONAL SERVICES 2,000.00 - 356504 211612012 116114 OCE 89.46 JAN 2012 MAINTENANCE 281442 987635888 1552.6103 PROFESSIONAL SERVICES 2/14/2012 13:08:09 Page - 20 Business Unit, TRAINING MAINT OF COURSE& GROUNDS ,- MAINT OF COURSE '& GROUNDS PARK ADMIN. GENERAL EDINBOROUGH OPERATIONS PUBLIC PROGRAMS- EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN - EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL ,: HUMAN RELATION COMMISSION CENT SVC PW BUILDING R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 21 2/1412012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 89.46 356505 211612012 103578 OFFICE DEPOT 62.13. ' COFFEEMAKER 00002054 2812921 595646112001 5760.6406 GENERAL SUPPLIES CENTENNIAL LAKES ADMIN EXPENSE 26.75 OFFICE SUPPLIES 281352 1437627717 5410.6513 OFFICE SUPPLIES GOLF ADMINISTRATION 4.12 281353 1438018438 5410:6406 GENERAL SUPPLIES GOLF ADMINISTRATION 93.00 356506 211612012 116669 ON CALL SERVICES 1,005.00 AP DECKS 281584 2246 5720.6530 REPAIR PARTS EDINBOROUGH OPERATIONS - 2,893.30 AP MOONWALK STAIRS 281585 2245 5720.6530 REPAIR PARTS EDINBOROUGH OPERATIONS 3,898.30 356507 2/1612012 100940 OWENS COMPANIES INC . 777.82 FURNACE REPAIR 00002061 281443 71804 5761.6180 CONTRACTED REPAIRS CENTENNIAL LAKES OPERATING 777.82 356508 211612012 100347 PAUSTIS & SONS 250.25 281489 8337636 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,992.77 281490 8337637 -IN 5862.5513 COST OF,GOODS SOLD WINE VERNON SELLING 2,243:02 356509 211612012 100945 .PEPSI -COLA COMPANY 67.04 281586 72262616 5730.5510 COST OF GOODS SOLD: EDINBOROUGH CONCESSIONS 67.04 356610 2/1612012 100743 'PHILLIPS WINE & SPIRITS 559.47 281491. 2194081 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 940.38 281492 2194082 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,183.00 281493. 2194077 `5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 412.00 281494 2194080 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING -1,260.67 281495 2194078 5822.5512 COST,ORGOODS SOLD LIQUOR 50TH ST SELLING - 130.24 281496 2194079 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,659.81 281497 2191212 5822.5513 COST OF GOODS SOLD WINE .,50TH ST SELLING 7.145.57 356511 211612012 129791 PIERRE, REBECCA 75.00 SPRING CLASS REFUND 281389 020612 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS 75.00 356512 2116/2012 101110 POLLY NORMAN PHOTOGRAPHY 60.00 . ANNUAL REPORT PHOTO 281396 020712 1130.6408 PHOTOGRAPHIC SUPPLIES COMMUNICATIONS R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/14/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledqer Account Description 2114/2012 13:08:09 Page - 22 Business Unit 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 5510.5510 COST OF GOODS SOLD ARENA ADMINISTRATION 5720.5510 60.00 EDINBOROUGH OPERATIONS 5720.6511 CLEANING SUPPLIES 356513 211612012 5862.5513 124831 PRESSWRITE PRINTING INC. VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE 361.29 EVIDENCE TAGS 281205 059787 5862.5512 361.29 VERNON SELLING 5822.5513 COST OF GOODS SOLD WINE 356514 2116/2012 5822.5513 102354 PRO GUARD SPORTS INC. 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 168.45 LACES, TAPE 00008012 281206 311380 5822.5513 168.45 50TH ST SELLING 5842.5513 COST OF GOODS SOLD WINE 356515 211612012 5862.5512 106322 PROSOURCE SUPPLY VERNON SELLING 5862.5512 COST OF GOODS SOLD LIQUOR 333.31 BIRTHDAY PARTY CUPS 00002298 281587 5497 1,172.97 TISSUE, TOWELS, LINERS 00002297 281588 5503 1,506.28 356516 2/16/2012 100971 QUALITY WINE 5,476.05 281498 571356 -00 1,189.80 281499 571399 -00 18.60 281500 571357 -CO 2,518.23 281501 571226 -00 61.60 281502 571400 -00 540.00 281503 570041 -00 2,819.63 281504 571358-00 1,192.98 281505 571241 -00 3,179.63 281506 568575 -00 .01 281507 569242 -00 3137- 281508 568121 -00 20.51- 281509 568108 -00 16,943.65 356517 211612012 117692 R & B CLEANING INC. 2,030.63 RAMP STAIRWELL CLEANING 00001614 281207 1075 2,030.63 356518 2116/2012 100974 RAYMOND HAEG PLUMBING 984.50 PLUMBING WORK AT ARNESON 00001372 281208 13745 984.50 356519 211612012 103719 RELIANCE STANDARD LIFE 2114/2012 13:08:09 Page - 22 Business Unit 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 5510.5510 COST OF GOODS SOLD ARENA ADMINISTRATION 5720.5510 COST OF GOODS SOLD EDINBOROUGH OPERATIONS 5720.6511 CLEANING SUPPLIES EDINBOROUGH, OPERATIONS 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4090.6406 1646.6103 GENERAL SUPPLIES 50TH&FRANCE MAINTENANCE PROFESSIONAL SERVICES BUILDING MAINTENANCE 12,414.32 POLICY RENEWAL 281632 SR045722 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 12,414.32 CITY OF EDINA 2114/2U12 13:08:09 RSSCKREG LOG20000 Council Check Register Page - 23 2/14/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # 'Doc No Inv No Account No Subledger Account Description Business Unit 356520 211612012 129995 "RICHARDSON,RALPH 20.00 WINTER GOLF PARTIAL REFUND 281606 021312 1600.4390.15 GEN ADAPTIVE REC .PARK ADMIN. GENERAL 20.00 356521 211612012 118946 RICHFIELD SYMPHONIC BAND - 125.00 EP ENTERTAINMENT 2119/12 281383 020112 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 125.00 " 356522 - 211612012 124119 RJM DISTRIBUTING INC. 13.75 281510 16294 5862:5515 COST OF GOODS SOLD MIX VERNON SELLING 13.75 356523 211612012 100980 ROBERT B: HILL CO. 619.88 'SOFTENER SALT 281209' - 00262770 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 122.74 SOFTENER SALT 281354 00262689 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 78.70 SOFTENER SALT 00003648 281589 00263501 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 821.32 356524 . 211612012 102614 ROTARY CLUB OF EDINA 303.00 3RD QTR - SCOTT NEAL 281355 - 1065 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 303.00 356525 211612012 119655 RUPP, GAYLE 12.00 PROGRAM REFUND 281380 020612 1600.4390.15 GEN ADAPTIVE REC PARK ADMIN. GENERAL 12.00 356526 211612012 102491 S.O.TA. - 150.00 MEMBERSHIP FEE 281356 020712 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 1,410.00 CONFERENCE FEE 281356 020712 1400.6104 CONFERENCES &SCHOOLS POLICE DEPT. GENERAL 1,560.00 356527 211612012 100988 SAFETY:KLEEN 113.07 RECYCLE PARTS WASHER 00005852 281293 925918382 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 113.07 - 356628 211612012 101431 SCAN AIR FILTER INC. 73.27 FILTERS 00001589 281590 120145 :1470.6530 REPAIR PARTS FIRE DEPT. GENERAL 73.27 356529 211612012 105442 SCHERER BROS. LUMBER CO. 35.19 LUMBER SCREWS 00001579 281210 40996132 1318.6406 GENERAL SUPPLIES SNOW & ICE REMOVAL 35.19 R55CKREG LOG20000 CITY OF EDINA 2114/2012 13:08:09 Council Check Register Page - 24 2114/2012 - 2/1612012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 366530 2/1612012 104151 SCHINDLER ELEVATOR CORP. 336.71 ELEVATOR MAINTENANCE 281397 7151554612 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 505.00 281398 7100217122 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 733.65 261399 8103114566 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 1,575.36 356631 211612012 104689 SERIGRAPHICS SIGN SYSTEMS INC. 91.22 SIGNAGE 281357 42631 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 91.22 356532 2116/2012 101556 SHRED -IT USA INC. 13.00 DOCUMENT SHREDDING 281409 0253896159 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 13.00 356533 2116/2012 101000 SIR SPEEDY 413.55 EMPLOYMENT APPLICATIONS 281211 71486 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 413.55 356534 211612012 105739 SNAZA, DAVID 94.97 UNIFORM PURCHASE 281294 020712 1301.6201 LAUNDRY GENERAL MAINTENANCE 94.97 356535 2/1612012 102935 SOUTH TOWN REFRIGERATION INC 325.86 FREEZER REPAIRS 281358 25537 5421.6180 CONTRACTED REPAIRS GRILL 325.86 356536 211612012 127878 SOUTHERN WINE AND SPIRITS 212.00 281511 1687736 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 646.34 281512 1710444 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,994.00 281513 1716729 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 144.50 281514 1716732 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 777.25 281515 1710443 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 359.75 281516 1687737 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 4,133.84 356537 211612012 101004 SPS COMPANIES 60.84 COPPER TUBING, ADAPTERS 281212 S2487856.3001 5511.6180 CONTRACTED REPAIRS ARENA BLDG/GROUNDS 288.41 SINGLE LEVER FAUCET 281359 52493946.001 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 90.72 MIXING CARTS 281360 S2479109.001 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 64.23- RETURN 281361 S2494579.001 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 70.33 SHOWER PARTS 00002294 281591 S2496686.001 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/14/2012 - 2116/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 13.80 VALVE 00001612 281592 S2499724.001 1470.6530 REPAIR PARTS 459.87 356538 211612012 129360 STANLEY CONVERGENT SECURITY SO 204.68 SECURITY MONITORING 281445. 8878142 1552.6103 PROFESSIONAL SERVICES 204.68 356539 211612012 100660 STANLEY SECURITY SOLUTIONS INC 157.36 KEY CORES 281444 CH- 572334 7411.6406 GENERAL SUPPLIES 157.36 356640 :: 211612012 117685 STAPLES ADVANTAGE 230.04 .CARTRIDGES 281362 112217902 1550.6406 GENERAL SUPPLIES 301.37 OFFICE SUPPLIES 281633 111789021 1550.6406 GENERAL SUPPLIES. 531.41 356541 2/1612012 101007 STAR TRIBUNE = ; 700.00 . EDINA LIQUOR AD 281213 1009224806 5822.6122 ADVERTISING OTHER 700.00 EDINA LIQUOR AD 281213 1009224806 5842.6122 ADVERTISING OTHER 700.00 EDINA LIQUOR AD 281213 1009224806 5862.6122 ADVERTISING OTHER - 2,100.00 356542 211612012 117657 STORE TO DOOR 4,000.00 2012 SERVICES GRANT. 281309 01092062 - 1504.6103 PROFESSIONAL SERVICES 4,000.00 356543 2116120.72 101765 STROH, STEVE 99.94 UNIFORM PURCHASE .281214 020612 .1400.6203 UNIFORM ALLOWANCE 99.94 356644 211612012 127005 STRUVE, JESSE 189.20 MILEAGE REIMBURSEMENT 281446 020812 1260.6107 MILEAGE OR ALLOWANCE 623.70 AUG -DEC MILEAGE 281634 123111 1260.6107 MILEAGE OR ALLOWANCE 812.90 -. 366645 2/16/2012 101017 SUBURBAN CHEVROLET 248.11 BAR 00005621 281447 375724 1553.6530 REPAIR PARTS 1,191.95 VEHICLE REPAIRS 00005940 281448 60529.9 1553.6180 CONTRACTED REPAIRS 1,440.06 356546 211612012 122088 SUMMIT FISCAL AGENCY 12.00 PROGRAM REFUND 281382 JASMINE SORNSEN 1600.4390.15 GEN ADAPTIVE REC 211412012 13:08:09 Page - 25 Business Unit FIRE DEPT. GENERAL CENT SVC PW BUILDING PSTF OCCUPANCY 'CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL 50TH ST SELLING YORK SELLING VERNON SELLING HUMAN RELATION:COMMISSION POLICE DEPT. GENERAL ENGINEERING GENERAL ENGINEERING GENERAL EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PARK ADMIN. GENERAL R55CKREG LOG20000 558.00 CITY OF EDINA VO01552 5862.5514 558.00 Council Check Register 356649 2116/2012 2/14/2012 - 2/16/2012 116868 SWENSON, SUSAN Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description ART WORK SOLD 12.00 012312 5101.4413 356547 211612012 100900 SUN NEWSPAPERS 356550 211612012 185.85 PUBLISH NOTICE 281261 1360173 1120.6120 ADVERTISING LEGAL 249.00 EDINBOROUGH PARK AD 281593 1358929 5710.6122 ADVERTISING OTHER 1260.6188 299.00 EDINBOROUGH PARK AD 281594 1358930 5710.6122 ADVERTISING OTHER 733.85 356551 2/1612012 105982 T.P.C. LANDSCAPE 356548 2116/2012 120998 SURLY BREWING CO 1,058.55 2114/2012 13:08:09 Page - 26 Business Unit ADMINISTRATION EDINBOROUGH ADMINISTRATION EDINBOROUGH ADMINISTRATION COST OF GOODS SOLD BEER VERNON SELLING ART WORK SOLD TELEPHONE PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES ART CENTER REVENUES ENGINEERING GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES REPAIR PARTS EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING 558.00 281517 VO01552 5862.5514 558.00 356649 2116/2012 116868 SWENSON, SUSAN 12.97 ART WORK SOLD 280383 012312 5101.4413 12.97 356550 211612012 120595 T- MOBILE 42.64 SURVEY PHONE 281449 477067848 -1/12 1260.6188 42.64 356551 2/1612012 105982 T.P.C. LANDSCAPE 1,058.55 SIDEWALK SHOVELING/SALT 281363 416525 1551.6103 73.50 281364 416557 1551.6103 317.25 281365 416676 1551.6103 96.50 281366 416709 1551.6103 69.00 281367 416710 1551.6103 69.00 281368 416711 1551.6103 1,683.80 356552 2116/2012 104932 TAYLOR MADE 140.58 GOLF CLUB 281369 17190236 5440.5511 128.48 GOLF CLUB 281595 17208865 5440.5511 269.06 356553 2116/2012 122794 TENNANT SALES AND SERVICE COMP 505.31 FILTERS 00005836 281215 910801760 1553.6530 505.31 356554 211612012 101035 THORPE DISTRIBUTING COMPANY 150.00 281370 00772155 5421.5514 2,723.25 281518 675028 5862.5514 96.90 281519 675029 5862.5515 2114/2012 13:08:09 Page - 26 Business Unit ADMINISTRATION EDINBOROUGH ADMINISTRATION EDINBOROUGH ADMINISTRATION COST OF GOODS SOLD BEER VERNON SELLING ART WORK SOLD TELEPHONE PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES ART CENTER REVENUES ENGINEERING GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL CITY HALL GENERAL COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES REPAIR PARTS EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 2114/2012 - 2116/2012 Check # Date — Amount Supplier! Explanation PO # Doc No — Inv No Account No Subledger Account Description 2,970.15 356555 2/1612012 104347 TIERNEY BROTHERS INC. 3,801.69 PROJECTOR, SPEAKERS 00001616- 281450 72111112 -2 1552.6406 GENERAL SUPPLIES 3,801.69 356556 2/16/2012 127318 TIGER ATHLETICS INC. 600.00 FITNESS TRAINING 281262 440 1470.6104 CONFERENCES & SCHOOLS 600.00 - 356557 211612012 103277 TITAN MACHINERY 59.91 LIGHTS 00005908 281295 9004577 1553.6530 REPAIR PARTS 101.07 GLASS SEAL 00005726 281296 9C04098A 1553:6530 REPAIR PARTS 79.58 DOOR HARNESS 00006119 281635 9C03714 5422.6530 REPAIR PARTS 240.56 356558 2/1612012 101038 TOLL GAS & WELDING SUPPLY 21.62 WELDING GAS 00005847 281297 .436335 1553.6580 WELDING SUPPLIES 42.04 WELDING CYLINDERS 281451 436336 5761.6406 GENERAL SUPPLIES 63.06 356559 211612012 124753 TOSHIBA FINANCIAL SERVICES 200.73 COPIER'USAGE 281452 196506406 7410.6575 PRINTING 200.73 356560 211612012 129996 TOWEY, DEBRA 20.00 WINTER GOLF PARTIAL REFUND 281607 021312 1600.4390.15 GEN ADAPTIVE REC 20.00 366661 211612012 118190 TURFWERKS LLC 1,437.58 PUSH RODS 00006139 281263 0126552 5422.6530 REPAIR PARTS 1,437.58 356562 211612012 123969 TWIN CITIES OCCUPATIONAL HEALT 2114/2012 13:08:09 Page - 27 CENT SVC PW BUILDING FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN - -MAINT OF COURSE & GROUNDS EQUIPMENT OPERATION GEN CENTENNIAL LAKES OPERATING PSTF ADMINISTRATION PARK ADMIN. GENERAL MAINT OF COURSE & GROUNDS 270.00 PRE- EMPLOYMENT PHYSICAL . 281400 101879459 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 270.00 356563 211612012 101047 TWIN CITY GARAGE DOOR CO 1,614.00 PHOTO EYES FOR CAR WASH 00005936 281453 363737 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 1,614.00 356564. 2/1612012 101360 TWIN CITY HARDWARE CO. R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 28 2114/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 4.02 DOOR PARTS 00001471 281216 499008 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 200.82 HINGES 00001359 281298 499452 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 204.84 356565 211612012 129105 TWIN SOURCE 323.56 CLEANING SUPPLIES 00001474 281596 00424957 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 323.56 356566 211612012 - 103048 ;U.S. BANK 768.75 HSA MAINTENANCE FEE 281636 7376082 1550.6103 PROFESSIONAL SERVICES CENTRAL SERVICES GENERAL 768.75 356567 2/1612012 115379 U.S. BANK 17.90 281264 020212 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 39.20 INTERNET 281264 020212 1550.6155 BANK SERVICES CHARGES CENTRAL SERVICES GENERAL 56.10 356568 211612012 125032 UNI- SELECT USA 1,350.34 AUTO PARTS 281372 013112 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,350.34 _ 356569 211612012 101051 UNIFORMS UNLIMITED 38.50 SHIRT 281371 106112 1419.6203 UNIFORM ALLOWANCE RESERVE PROGRAM 38.50 356570 2/16/2012 103298 UPS ST_ ORE #1716, THE 19.91 SHIP SAMPLES 00001560 281299: TRAN:3300 5915.6103 PROFESSIONAL SERVICES _- - WATER TREATMENT 13.95 SHIPPING 281373 ' TRAN:3340 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 33.86 356571 211612012 101908 US FOODSERVICE INC - 45.00 BUS TUBS 281374 4409069 5421.6406 GENERAL SUPPLIES GRILL 45.00 356572 211612012 100410 USA MOBILITY.WIRELESS INC. 26.74 PAGER (2 MONTHS) 281375 ACCT 6096083 -8 1550.6188 TELEPHONE - . CENTRAL SERVICES.GENERAL 26.74 356573 211612012 101058 VAN PAPER CO. 132.65 TOWELS, CAN LINERS. 281597 225748 -00 .5421.6406 GENERAL SUPPLIES GRILL 132.65 R55CKREG LOG20000 CITY OF EDINA APPLICATION FEE REFUND 281300 2011.0010.11A 1140.4361 PLANNING FEES Council Check Register 575.00 2/14/2012 - 2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 356574 211612012 103252 VEAP 604.00 24,005.00 2012 FUNDING 281310 2012 1504.6103 PROFESSIONAL SERVICES COST OF GOODS SOLD WINE VERNON SELLING 24,005.00 97.06 356675 211612012 5822.5513 101066 VIKING ELECTRIC SUPPLY 50TH ST SELLING 701.06 139.39 CONNECTORS, ELEC BOXES 00001594 281217 6100099 1646.6406 GENERAL SUPPLIES 203.92 BAND SAW 00001594 281217 6100099 1301.6556 TOOLS 410.51 CONNECTIONS, WASHERS, CLIPS 281637 `6019993 1551.6180 CONTRACTED REPAIRS 681.83 753.82 261376 15195527 -00 1551.6406 356576 211612012 129974 VINE HILL INVESTORS LLC 346.02 - 2114/2012 13:08:09 Page - 29 Business Unit HUMAN RELATION COMMISSION BUILDING MAINTENANCE GENERAL MAINTENANCE CITY HALL GENERAL 575.00 APPLICATION FEE REFUND 281300 2011.0010.11A 1140.4361 PLANNING FEES PLANNING 575.00 356577 211612012 119454 VINOCOPIA 604.00 281520 0051945 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 97.06 281521 0051871 -IN 5822.5513 COST OF GOODS SOLD WINE " 50TH ST SELLING 701.06 356578 211612012 101069 VOSS LIGHTING 681.83 BULBS 261376 15195527 -00 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 346.02 BULBS 281377 15195643 -00 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 1,027.85 356579 211612012 123616 WATER CONSERVATION SERVICE INC 1,124.66 LEAK LOCATES 00001566 "281301 .2966 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 1,124.66 356580 211612012 102020 WELLS, GARY 259.37 KITCHEN SUPPLIES, PLANTS 281612 021312 1280.6406 GENERAL SUPPLIES SUPERVISION & OVERHEAD 259.37 356581 211612012 101033 WINE COMPANY, THE 956.50 281522 291789 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 382.30 281523 291794 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING - 1,338.80 356582 211612012 101312 WINE MERCHANTS 1,535.98 281524 396417 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,459.43 281525 396419 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING .56 281526 396418 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 113.12- 281527 56600 5822.5513 COST OF GOODS SOLD WINE SOTH ST SELLING R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 30 2/14/2012 —2/16/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,882.85 356583 211612012 124291 WIRTZ BEVERAGE MINNESOTA 4,059.82 281528 700445 5862.5513 COST OF -GOODS SOLD WINE VERNON SELLING- 63.95 281529 700446 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 241.26 281530 700254 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,777.90 281531 700443 5862.5512 COST-OF GOODS SOLD LIQUOR VERNON SELLING 46.57 281532 700444 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,455.20 281533 700448 5822.5513 COST TOF GOODS`SOLD WINE 50TH ST SELLING 1,281.66 281534 700447 5822.5512 COST. OF GOODS SOLD LIQUOR 50TH ST SELLING 1,792.36 281535 697451 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 9.20- 281536 837764 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1.157 281537 841706 5862.5512 COST OF GOODS'SOLD LIQUOR VERNON SELLING 2.30- 281538 841913 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1.15- 281539 842331 5862.5512 COST OF, GOODS SOLD LIQUOR VERNON SELLING 1.15- 281540 848304 .5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 12,703.77 356584 211612012 124529 WIRTZ BEVERAGE MINNESOTA BEER .107.50 281541 856953 5862.5515 COST OF GOODS SOLD MIX - VERNON SELLING 3,372.83 281542 856952 5862:5514 COST OF GOODS SOLD BEER VERNON SELLING 1,344.00 281543 857276 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,777.60 281544 857275 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6,601.93 - 356585 211612012 105740 WSB &ASSOCIATES INC. 134.00 TRAFFIC STUDY 281638 341686 -240 1140.6103 - PROFESSIONAL SERVICES PLANNING 134.00 TRAFFIC STUDY 281639 4 -01686 -230 1140.6103 PROFESSIONAL SERVICES PLANNING 13.65 70TH ST CONSTRUCTION SERVICES 281640 15- 01686 -180 03457.1705.21. CONSULTING INSPECTION SS-457 W70TH TS IMPLEMENTATION 90.98. 70TH ST CONSTRUCTION SERVICES 281640 15 -01686 -180 05503.1705.21 CONSULTING INSPECTION WM -503 W70TH ST TRAFFIC STUDY 181.96 70TH ST CONSTRUCTION SERVICES 281640 15 -01686 -180 06043.1705.21 CONSULTING INSPECTION TS-43 W 70TH ST RECON 195.61 70TH ST CONSTRUCTION SERVICES'' 281640 15 -01686 -180 08057.1705.21 CONSULTING INSPECTION L -57 W 70TH ST RECON 222.90 70TH ST CONSTRUCTION "SERVICES 281640 15- 01686 -180 06044.1705.21 CONSULTING INSPECTION TS-44 W 70TH ST RECON 445.80 70TH ST CONSTRUCTION SERVICES _` 281640 15-01686 -180 04369.1705.21 CONSULTING INSPECTION STS -369 W 70TH STREET 3,398.10 70TH ST CONSTRUCTION SERVICES 281640 15-01686 -180 01367.1705.21 CONSULTING INSPECTION BA -367 W70TH TRAFFIC IMPLEMENT 4,334.00 62 A ;TRACY AVE INTERCHANGE 281641 1- 01686 -260 01399.1705.20 CONSULTING DESIGN TRACY AVE 11,959.22 TRACY AVE IMPROVEMENTS 281642 2- 01686 -250 01368.1705.20 CONSULTING DESIGN BA -368 TRACY AVE M &O 125.05 44TH ST IMPROVEMENTS 281643 16- 01686 -170 06045.1705.21 CONSULTING INSPECTION TS-45 W 44TH ST RECON 153.75 44TH ST IMPROVEMENTS 281643 16- 01686 -170 03466.1705.21 CONSULTING INSPECTION SS-466 W 44TH ST RECON 615.00 44TH ST IMPROVEMENTS 281643 16- 01686 -170 04381.1705.21 CONSULTING INSPECTION INTERLACHEN BLVD SIDEWALK 1,361.20 44TH ST IMPROVEMENTS 281643 16 -01686 7170 05516.1705.21 CONSULTING INSPECTION W 44TH ST RECON 2,870.00 44TH ST IMPROVEMENTS 281643 16- 01686 -170 01383.1705.21 CONSULTING INSPECTION BA -383 W44TH ST R55CKREG LOG20000 CITY OF.EDINA Council Check Register 2/1412012 -2116/2012 Check # Date. Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 1646.6185 1321.6185 1321.6185 5821.6185 5861.6185 5841.6185 1481.6185 1470.6185 5913.6185 5913.6185 5914.6185 5921.6185 1646.6185 5420.6185 1550.6151 1550.6151 1553.6581 1470.6104 1553.6530 7411.6406 LIGHT & POWER LIGHT &POWER LIGHT &` POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT'& POWER LIGHT &POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER 2/14/2012 13:08:09 Page- 31 Business Unit BUILDING MAINTENANCE STREET. LIGHTING REGULAR STREET LIGHTING REGULAR 50TH ST.00CUPANCY VERNON OCCUPANCY YORK OCCUPANCY YORK FIRE STATION FIRE DEPT. GENERAL DISTRIBUTION DISTRIBUTION - TANKS TOWERS & RESERVOIR SANITARY LIFT STATION MAINT BUILDING MAINTENANCE CLUB HOUSE EQUIPMENT RENTAL CENTRAL SERVICES GENERAL EQUIPMENT RENTAL CENTRAL SERVICES GENERAL GASOLINE CONFERENCES & SCHOOLS REPAIR PARTS GENERAL SUPPLIES EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN PSTF OCCUPANCY 193.08 BATTERY 00005902 281228 PCO01352507 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN. 26,235.22 356588 211612012 101726 XCEL ENERGY 14.68 51- 4151897 -6 281218 312694821 12.25 51- 0194596 -8 281219 311789525 35.85 51- 7567037 -0..- 281220 312742905 737.28 51- 6979948 -4 281221 312738039 925.99 51- 6979948-4 281221 312738039 1,177.80 51- 6979948 -4 281221 312738039 - 152.08 51- 6229265 -9 281222 312044174 1,062.35 51- 6229265 -9 281222 312044174 256.28 51- 6621207 -1 281223 312894414 89.68 51- 9013604 -6 281224 312931835 839.49 51- 5847121 -5 281225 312882632 _ 2,212.53 51- 6840050 -6 281401 313207158 3,084.55 51- 6121102 -5 281598. 313251915 3,258.04 51- 6824328 -7 281599 313375739 13,858.85 356587 2116/2012 100568 XEROX CORPORATION 82.48 JAN USAGE - BLDG /ENG 00004322 281226 `059993870 184.08 JAN USAGE - PARK & REC 00004322 281227 059754933 266.56 356588 211612012 119647 .YOCUM OIL COMPANY INC. 7,895.75 DIESEL FUEL 00001200 281302 474455 7,895.75 356589 211612012 129844 YOGA CENTER OF MINNEAPOLIS 85.00 FITNESS TRAINING 281600 020912 85.00 - 356590 211612012 _124960 ZAHL - PETROLEUM MAINTENANCE C 233.50 FUEL PUMP REPAIRS 00005856 281303 0176108 -IN 233.50 356591 211612012 101089. ZEE MEDICAL SERVICE 63.30 EYE WASH 281454 54068188 63.30 356592 2/1612012 101091 23EGLER INC 1646.6185 1321.6185 1321.6185 5821.6185 5861.6185 5841.6185 1481.6185 1470.6185 5913.6185 5913.6185 5914.6185 5921.6185 1646.6185 5420.6185 1550.6151 1550.6151 1553.6581 1470.6104 1553.6530 7411.6406 LIGHT & POWER LIGHT &POWER LIGHT &` POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT'& POWER LIGHT &POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER 2/14/2012 13:08:09 Page- 31 Business Unit BUILDING MAINTENANCE STREET. LIGHTING REGULAR STREET LIGHTING REGULAR 50TH ST.00CUPANCY VERNON OCCUPANCY YORK OCCUPANCY YORK FIRE STATION FIRE DEPT. GENERAL DISTRIBUTION DISTRIBUTION - TANKS TOWERS & RESERVOIR SANITARY LIFT STATION MAINT BUILDING MAINTENANCE CLUB HOUSE EQUIPMENT RENTAL CENTRAL SERVICES GENERAL EQUIPMENT RENTAL CENTRAL SERVICES GENERAL GASOLINE CONFERENCES & SCHOOLS REPAIR PARTS GENERAL SUPPLIES EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN PSTF OCCUPANCY 193.08 BATTERY 00005902 281228 PCO01352507 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN. R55CKREG LOG20000 CITY OF EDINA 2/14/2012 13:08:09 Council Check Register Page - 32 2/1412012 — 2116/2012 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger 'Accounl.Description Business Unit 450.00 GENERATOR MAINTENANCE 281378 E6395934 1551.6180 CONTRACTED REPAIRS ` CITY HALL GENERAL 450.00 GENERATOR MAINTENANCE 281379 E6395935 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 1,093.08 607,768.02 Grand Total Payment Instrument Totals Check Total 607,768.02 Total Payments 607,768.02 R55CKSUM LOG20000 Company Amount 01000' GENERAL FUND 293,440.17- 02300 POLICE SPECIAL REVENUE 104.80 04000 WORKING CAPITAL FUND 27,232.47 _ '04200 EQUIPMENT REPLACEMENT FUND 11,870.37 05100 ART CENTER FUND 961.81 05200 GOLF DOME FUND 277.66 05400 GOLF COURSE FUND 31,562.00 05500 ICE ARENA FUND 2,412.13 05600 EDINBOROUGH/CENT LAKES FUND 1,446.83 05700. EDINBOROUGH PARK FUND 14,084.53 05750 CENTENNIAL LAKES PARK FUND 1,002.66 05800 LIQUOR FUND 102,831.24 05900 UTILITY FUND 62,828.01 05930 STORM SEWER FUND 2,338.35 05950 RECYCLING FUND 39,958.20 07400 PSTF AGENCY FUND 12,205.07 09900 PAYROLL FUND 3,211.72. Report Totals 607,768.02 CITY OF EDINA 2/1412012 13:09:06 Council Check Summary Page- 1 2114/2012 - 2116/2012 We confirm to the best of our knowledge and belief, that these claims comply`'in aII material respects with the requirements of the City of Edina purchasing policies and procedures date s % Finance irector` 1455 - -- City. Pran ager` CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 11/27/11-12/26/11 Card Holder 4erchant Account Account Name Trans Date Amount Purchase Discription Merchant Name Merchant City State Code 7680085 JENNIFER BENNE 2011111/29 $97.68 GREETING CARDS 7680085 JENNIFER BENNE 2011/11/29 $5.00 SPAM FILTER 7680085 JENNIFER BENNE 2011/12/01 $32.55 POWER SUPPLY 7680085 JENNIFER BENNE 2011/12/07 $49.00 GOTOMEETING SUBSCRIPTION 7680085 JENNIFER BENNE 2011/12/12 $276.91 GREEN SCREEN 7680085 JENNIFER BENNE 2011/12/13 $742.00 SHOTGUN MICROPHONE 7680085 JENNIFER BENNE 2011/12/13 $175.00 PLAQUE 7680093 STEVEN GRAUSA 2011/11/28 $19.62 SHELF PRICE LABELS 7680093 STEVEN GRAUSA 2011/11/28 $39.25 SHELF PRICE LABELS 7680093 STEVEN GRAUSA 2011/11/28 $19.62 SHELF PRICE LABELS 1680093 STEVEN GRAUSA 2011/12/24 $15.00 BATTERIES 7680093 STEVEN GRAUSA 2011/12/22 $27.86 CARD STOCK 7680093 STEVEN GRAUSA 2011/12/22 $185.58 BATTERY BACKUP 7680119 JOHN KEPRIOS 2011/11/28 $297.80 SAMSUNG SCREEN 7680119 JOHN KEPRIOS 2011/11/30 $35.61 OFFICE SERVICES 7680119 JOHN KEPRIOS 2011/12/02 $511.00 TRAINING DVD 7680119 JOHN KEPRIOS 2011/12/02 $408.07 FLUORESCENT BULBS 7680119 JOHN KEPRIOS 2011/12/02 $53.87 PLANNERS 7680119 JOHN KEPRIOS 2011/12/09 $303.00 BUSINESS EXPENS 7680119 JOHN KEPRIOS 2011/12/13 $100.00 POSTAGE 7680119 JOHN KEPRIOS 2011/12/13 $300.13 FLAGSTICKS 7680119 JOHN KEPRIOS 2011/12/14 ($22.50) PEDOMETERS 7680119 JOHN KEPRIOS 2011/12/22 $164.99 WASTE BAGS 7680135 JEFF LONG 2011/11/28 $18.24 ADAPTERS 7680135 JEFF LONG 2011/11/28 $556.00 OTHER 7680135 JEFF LONG 2011/11/29 $23.36 CABLES 7680135 JEFF LONG 2011/11/30 $49.85 TONER 7680135 JEFF LONG 2011/12/07 $289.08 LABELS 7680135 JEFF LONG 2011/12/12 $12.90 ADAPTERS 7680135 JEFF LONG 2011/12/13 $344.84 SCREEN PROTECTOR 7680135 JEFF LONG 2011/12/14 $44.84 COMPRESSION ROD 7680135 JEFF LONG 2011/12/14 $1,542.23 CAMERA 7680135 JEFF LONG 2011/12/16 $19.36 CABLES GREETING CARDS / INVIT 866- 700 -5030 TX 1130.6406 AKSMT.COM 877 - 273 -8550 CA 1130.6103 B & H PHOTO- VIDEO.COM 800 - 9479950 NY 1130.6406 CTO *GOTOMEETING.COM 800 - 263 -6317 CA 1495.6103 DIGITAL JUICE 407 - 5315540 FL 1130.6406 B & H PHOTO- VIDEO.COM 800 - 9479950 NY 1130.6406 NATIONAL TV ACADEMY EDENPRAIRIE MN 1130.6406 WASP BAR CODE TECHN 972 - 881 -5500 TX 5822.6406 WASP BAR CODE TECHN 972 - 881 -5500 TX 5842.6406 WASP BAR CODE TECHN 972 - 881 -5500 TX 5862.6406 CUB FOODS #3128 EDINA MN 5840.6406 OFFICE MAX EDINA MN 5842.6512 OFFICE MAX EDINA MN 5821.6406 BESTBUY.COM 00009944 888 - 237 -8289 MN 5760.6513 PB METER REN *TAL 800 - 228 -1071 CT 5621.6235 CUNNINGLY CLEVER 352 - 5273553 FL 5410.6402 BULBORAMA 702 - 2571602 NV 5761.6406 CALENDARS 800 - 365 -9327 VA 5410.6513 MN RECREATION AND PARI�763- 571 -1305 MN 1600.6104 PITNEYBOWES- POSTAGE 800 -468 -8454 CT 5710.6235 VINYLGUARD 781- 569 -6710 MA 5422.6406 OPTIMAL HEALTH PRODUC 210 - 8242099 TX 1513.6218 PAYPAL *911 SAVEBEAN 402 - 935 -7733 CA 5761.6406 VIDEO PRODUCTS INC 330 - 562 -7070 OH 1400.6160 BUY.COM 888 - 328 -9266 CA 1460.6406 AMAZON.COM AMZN.COM /BILI WA 1400.6160 BEST BUY 00000059 EDINA MN 1400.6406 OFFICE MAX EDINA MN 1400.6575 PCS CELLULAR ACCESS 866 - 294 -0075 CA 1400.6160 NUSHIELD INC 215- 500 -6426 PA 1400.6160 HK PARTS 801 - 4405060 UT 1400.6406 42PHOTOCOM888810400 OF 888 - 8104242 NY 1460.6406 3GSTORE.COM /MDG COM 847 - 462 -4004 IL 1400.6160 CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 11/27/11-12/26/11 Card Holder Aerchani Account Account Name Trans Date Amount Purchase Discription Merchant Name Merchant City State Code 7680135 JEFF LONG 2011/12/16 $15.37 CABLES SHOW ME CABLES 636- 519 -9505 MO 1400.6160 7680135 JEFF LONG 2011/12/19 $379.00 TRAINING APCO -INTL 386- 944 -2422 FL 2310.6104 7680135 JEFF LONG 2011/12/20 $108.39 GUIDE RING HK PARTS 801 - 4405060 UT 1400.6406 7680135 JEFF LONG 2011/12%19 $252.95 AED WORKBOOK WORLDPOINT ECC 8474653200 IL 1400.6104 7680184 ROBERT WILSON 2011/11/28 $79.00 TRAINING REGISTRATION LBP *REALESTATECOMMGR 312 -416 -1860 IL 1190.6104 )753448 JOHN WALLIN 2011/11/29 $15.97 CITIZENS LEAGUE JERRY'S FOODS EDINA MN 1100.6106 )753448 JOHN WALLIN 2011/11/29 $4.27 CITIZENS LEAGUE JERRY'S FOODS EDINA MN 1100.6106 )753448 JOHN WALLIN 2011/11/28 $101.50 LICENSE RENEWAL BOARD OF ACCOUNTANCY 651 - 2156856 MN 1160.6105 )753448 JOHN WALLIN 2011/11/30 $235.00 CONFERENCE REGISTRATION CITY OF MPLS RECEIVABLE MINNEAPOLIS MN 1504.6218 )753448 JOHN WALLIN 2011/11/29 $10.47 CITIZENS LEAGUE HOLIDAY STNSTORE 0217 EDINA MN 1100.6106 )753448 JOHN WALLIN 2011/12/02 $76.24 HDMI CABLE MONOPRICE INC 909 - 989 -6887 CA 5510.6513 )753448 JOHN WALLIN 2011/12/06 $131.02 COUNCIL MEETING JASONS DELI EDINA EDINA MN 1100.6106 )753448 JOHN WALLIN 2011/12/08 $125.00 POSITION ADVERTISEMENT WISCONSIN PARK & RECRE414 -423 -1210 WI 1550.6121 )753448 JOHN WALLIN 2011/12/12 ($40.06) MRO SUPPLIES MONOPRICE INC 9099896887 CA 1554.6406 )753448 JOHN WALLIN 2011/12/14 $98.00 COURSE REGISTRATION KAPLAN PROFESSIONAL SC651 -641 -1000 MN 1495.6104 )753448 JOHN WALLIN 2011/12/20 $136.02 COUNCIL MEETING - D BRIAN'S DELI -#6 MINNEAPOLIS MN 1100:6106 1456149 SCOTT NEAL 2011/11/27 $9.43 OTHER AMAZON SERVICES - KINDLE 866- 321 -8851 WA 1120.6406 1456149 SCOTT NEAL 2011/12/12 $45.33 EATING /DRINKING CRAVE GALLERIA EDINA MN 1120.6106 1456149 SCOTT NEAL 2011/12/12 $26.00 VEHICLE EXPENSE 501. OPUS #0003 MINNEAPOLIS MN 1120.6106 1456149 SCOTT NEAL 2011/12/15 $14.95 OFFICE SERVICES EXPERIAN *CREDITREPOF 877 - 2977790 CA 1120.6406 1466379 WAYNE HOULE 2011/11/28 $188.78 DRYWALL DRYWALL SUPPLY PLYMOU PLYMOUTH MN 1552.6406 1466379 WAYNE HOULE 2011/11/28 $15.00 TRAINING MN ELECTRICAL ASSOC 612 - 827 -6117 MN 1240.6104 1466379 WAYNE HOULE 2011/12/06 $257.39 PROPANE SUPERAMERICA 4047 EDINA MN 1314.6406 1466379 WAYNE HOULE 2011/12/06 $19.30 PROPANE SUPERAMERICA 4047 EDINA MN 1314.6406 1466379 WAYNE HOULE 2011/12/06 $26.81 PROPANE SUPERAMERICA 4047 EDINA MN 1314.6406 1466379 WAYNE HOULE 2011/12/07 $98.73 CALENDARS STAPLES 00119180 BLOOMINGTON MN 1314.6406 1466379 WAYNE HOULE 2011/12/08 $93.00 HEATER GEORGIA MILLS 800 - 810 -7847 NY 1552.6406 1466379 WAYNE HOULE 2011/12/09 $17.21 SHIPPING THE UPS STORE 1715 EDINA MN 5917.6530 1466379 WAYNE HOULE 2011/12/12 $42.33 WINDOW SIGN DISPLAYS 2 GO 800- 5722194 RI 1552.6406 1466379 WAYNE HOULE 2011/12/13 $64.36 PROPANE SUPERAMERICA 4047 EDINA MN 1314.6406 1466379 WAYNE HOULE 2011/12/16 $88.00 HEATER GEORGIA MILLS 800 - 810 -7847 NY 1552.6406 1466379 WAYNE HOULE 2011/12/16 $285.00 TRAINING U OF M CCE NONCREDIT 612 -625 -4259 MN 1260.6104 1466379 WAYNE HOULE 2011/12/19 $43.94 TOOLS SEARS ROEBUCK 1142 EDEN PRAIRIE MN 5913.6556 )342364 JEFF LONG 2011/12/02 $1.00 OFFICE SERVICES WWW.JO- GAMES.COM WWW.JO -GAMI DE 1400.6406 CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 11/27/11-12/26/11 Card Holder Aerchani Account Account Name Trans Date Amount Purchase Dikdption Merchant Name Merchant City State Code )342364 JEFF LONG" 2011/12/02 .$8.57 OFFICE SERVICES NFI *WWW:NETFLIX.COM /CC NETFLIX.COM CA 1400.6406' )342364. JEFFIONG 2011/12/02 $5.35.' OFFICE SERVICES BLOCKBUSTER.COM 866- 692 -2789 TX 1400.6406 )342364 JEFF LONG 2011112/02 $4.95 OFFICE SERVICES BMC *JAMES PATTERSON 800 -984 -2665. PA 1400.6406 _ )342364. JEFF LONG 2011/12/05 $14.95 MRO SUPPLIES YVR"YVES ROCHER 800 -321 -3434 NH 1400.6406 )342364 JEFF LONG 2011/12/06 $13.94 OFFICE SERVICES BMC *JAMES PATTERSON 800- 984 -2665 PA 1400.6406 )342364 JEFF LONG 2011/12/07. $39.95 OFFICE SERVICES WWW.JO- GAMES.COM WWW.JO -GAMI DE 1400.6406 ' )342364 JEFF.LONG 2011/12/14 $61.00 BACKGROUND CHECK SSA- BALTIMORE BALTIMORE 'MD 1400.6103. )342364 JEFF LONG 2011/12/14. $61.00 BACKGROUND CHECK SSA- BALTIMORE BALTIMORE MD '1400.6103:- )342364 JEFF LONG 2011/12/14 $61.00 BACKGROUND CHECK SSA- BALTIMORE BALTIMORE MD 1400.6103 - )342364 JEFF LONG 2011/12/14 $61.00 BACKGROUND CHECK. SSA- BALTIMORE BALTIMORE MD 1400.6103 )342364 JEFF LONG 2011/12/14 $61.00 " BACKGROUND CHECK SSA - BALTIMORE BALTIMORE MD 1400.6103- )342364 JEFF LONG 2011/12/14 $55:00 BACKGROUND CHECK SSA - BALTIMORE BALTIMORE MD 1400.6103 $10,250.15 We confirm to the:best of "our knowledge and belief, that these claims comply in all material respects With the requirements_of the City of Edina purchasing policies and proce es date. A-s r i- - CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 12/27/11-1/27/12 Account Account Name, Date Amount. Description Merchant Name Merchant City: .. State Account 1680127 KAREN KURT 2012/01/05 $995.00 OFFICE SERVICES ICMA INTERNET 202- 962 =3547 DC 1120.6103 7680168 SCOTT NEAL 2012/01/13 $37.38 MEETING EDINA GRILL EDINA MN 1120.6106 1680143 DEB MANGEN 2012/01/04 $74.98 COUNCIL MEETING D BRIAN'S DELI - #6 MINNEAPOLIS MN 1100.6106 7680143 DEB MANGEN 2012/01/09 $76.31 COUNCIL MEETING DAVANNI'S #15 EDINA MN 1100:6106 7680143 DEB MANGEN 2012/01/17 $123.25 COUNCIL MEETING D BRIAN'S DELI - #6 MINNEAPOLIS MN 1100:6106 '7680143 DEB MANGEN 2012/01/21 $221.76 TRAINING. HOTEL WINNESHIEK DECORAH IA 1180.61,04 7680143 DEB MANGEN 2012/01/23 $465.00 TRAINING GOVTTRNGSVC 621- 222 -7409 MN 1180.61.04 7680143 DEB MANGEN 2012/01/23 $100.00 TRAINING MPLS REGIONAL CHAMBER OF 612 - 370 =9100 MN 1.100.6104 7680143 DEB MANGEN 2012/01/24 $80.24 MEETING PIZZA LUCE VI INC MINNEAPOLIS MN 1100:6106 7680184 ROBERT WILSON 2012/01/10 $185.00 TRAINING MINNESOTA ASSOC OF ASSES 763- 569 -3351 MN 1190:6104 7680184 ROBERT WILSON 2012/01/13 $85.50 REFERENCE APPRAISALFOUNDATION 202 - 347 -7722 DC 1190.6406 7680184 ROBERT WILSON 2012/01/13 $420.00 TRAINING APPRAISAL INSTITUTE 888 - 7564624 IL 1190.6104 7680135 JEFF LONG 2011112/30 $1 il07.70 OFFICE SERVICES HP SERVICES 800- 325 -5372 CA 1460.6406 7680135 JEFF LONG 2012/01/06 $110.00 CASE WITH FOAM B &.H PHOTO- VIDEO.COM 800- 9479950. NY 1460.6406 7680135` JEFF LONG 2012/01/09 $75.00 DUES. FBI NATIONAL ACADEMY ASSO 703 - 6321990 VA 1400:6105 7680135 JEFF LONG 2012/01/09 =; $75.00 DUES FBI' NATIONAL ACADEMY ASSO 703- 6321990 VA 1400.61.05 7680135 JEFF LONG 2012/01/1D $101.53 MOUTHPIECES INTOXIMETERS 314- 4294000 MO 2340:6406 7680135 JEFF LONG .2012/01/17 $470.60.:• AIRLINE DELTAAIR 0062366974474 - DELTA.COM CA 1400.6104 - 7680119 JOHN KEPRIOS 2011/12/28 $75.20 TRAINING MICHAEL BRANDWEIN 847- 940 -9.820 IL 1624:6406 76801,19 JOHN KEPRIOS 2011/12/28 $233:60 AWARDS MARSHALLS #0538 EDINA MN 1513:6218 76801:19_ JOHN KEPRIOS 2011/12/30 $24.00 TRAINING PAYPAL *WOMENINLEIS 402- 935 -7733 CA 1629.6406 7680119 JOHN KEPRIOS 2011/12/29 $23.39 CALENDARS CALENDARS 8004654327 VA 5422.6406 7680119 JOHN KEPRIOS 2011/12/30 $214.53 AIR PURIFIER- TARGET 00000059 BLOOMINGTON MN 5111.6406 7680119 JOHN KEPRIOS 2011/12/30 $1.07.26 AIR PURIFIER TARGET 00023135 EDINA'. DINA ' MN 5111:6406 7680119 „JOHN KEPRIOS 2011/12/30 135.61 OFFICE SERVICES PB METER REWTAL 800 -228 -1071 CT 5621:6235 7680119' JOHN KEPRIOS 2012/01%04' :.$70:00` TRAINING MN RECREATION AND PARKA 763 -57-1 -1305 MN 5631.6104 768011'9 JOHN KEPRIOS ,. 2012/01/04 $600.00 OTHER IDEAL TREE AND LANDSCAPIN 320- 4682489 MN 5761.6180 7680119 JOHN.-KEPRIOS 2012/01/09 .$35.00 TRAINING MN RECREATION AND PARK A 763- 571 -1305 MN 1600.6106 7680119 JOHN KEPRIOS 2012/01/11 $100.00 P08TAGE PITNEYBOWES- POSTAGE 800 -468 -8454 CT 5710.6235 76801.19 JOHN KEPRIOS 2012/01/13 $391.50 SUPER SUNDAY MN ORCHESTRA 612- 3715656 MN 1629.6406 7680119 JOHN KEPRIOS 2012/01/17 - $24.50 SUPER SUNDAY MN ORCHESTRA 612- 3715656 MN 1629.6406 7680119 JOHN KEPRIOS.' 2012/01/18 $163.00 PARTS ALL GLIDES 248- 435 -8526 MI 5420.6406 7680119 JOHN KEPRIOS 2012/01/19 $25.00 TRAINING PAYPAL *WOMENINLEIS 402- 935 -7733 CA 5760.6105 7680119 JOHN KEPRIOS 2012/01/20 $71.81 SUPPLIES CUB FOODS #3128 EDINA - MN 1624.6406 7680085 JENNIFER BENNEROTT 2011/12/28 $5.00 SPAM FILTER AKSMT.COM 877 - 273 =8550 CA 1130.6124 CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 12/27/11-1/27/12 Account Account Name Date Amount Description Merchant Name Merchant City State Account 7680085 JENNIFER BENNEROTT 2012/01/07 $49.00 SUBSCRIPTION CTO *GOTOMEETING.COM 800 - 263 -6317 CA 1495.6103 7680085 JENNIFER BENNEROTT 2012/01/10 $39.50 PHOTOS ISTOCK *INTERNATIONAL 866 -478 -6251 WA 1130.6408 7680085 JENNIFER BENNEROTT 2012/01/10 $9.75 PHOTOS ISTOCK *INTERNATIONAL 866 -478 -6251 WA 1130.6408 7680085 JENNIFER BENNEROTT 2012/01/18 $38.60 DVDS MICRO CENTER #045 RETAIL ST LOUIS PARK MN 1130.6406 7680085 JENNIFER BENNEROTT 2012/01/23 $324.41 LISTEN DEVICES AVALIVE 8775504388 910 - 790 -0324 NC 421130.6710 7680093 STEVEN GRAUSAM 2011/12/30 $20.75 DISPLAYS PARTY CITY #773 BLOOMINGTON MN 5822.6406 7680093 STEVEN GRAUSAM 2011/12/30 $20.75 DISPLAYS PARTY CITY #773 BLOOMINGTON MN 5842.6406 7680093 STEVEN GRAUSAM 2011/12/30 $20.74 DISPLAYS PARTY CITY #773 BLOOMINGTON MN 5862.6406 )753448 JOHN WALLIN 2012/01/03 $111.60 COUNCIL MEETING D BRIAN'S DELI -#6 MINNEAPOLIS MN 1f00.6106 )753448 JOHN WALLIN 2012/01/04 $38.00 TRAINING SENSIBLE LAND USE COALITI 612 - 7207667 MN 1140.6104 )753448 JOHN WALLIN 2012/01/09 $48.00 TRAINING SENSIBLE LAND USE COALITI 612 - 7207667 MN 1100.6104 1456149 SCOTT NEAL 2012/01/04 $42.91 MEETING ROMANOS 1171 EDINA MN 1120.6106 1456149 SCOTT NEAL 2012/01/15 $14.95 OFFICE SERVICES EXPERIAN *CREDITREPORT 877 - 2977790 CA 1120.6406 1466379 WAYNE HOULE 2012/01/06 $400.00 TRAINING AZTECA SYSTEMS INC 801 - 5232751 UT 1240.6104 1466379 WAYNE HOULE 2012/01/05 $168.50 REGISTRATION VCN *MN STATE PATROL 866 - 2551856 MN 1553.6260 1466379 WAYNE HOULE 2012/01/06 $655.00 TRAINING MN ELECTRICAL ASSOC 612 - 827 -6117 MN 1281.6104 1466379 WAYNE HOULE 2012/01/06 $8.79 TOOLS DEWALT FCTRY SERV #020 EDEN PRAIRIE MN 13d1.6556 1466379 WAYNE HOULE 2012/01/10 $75.00 TRAINING U OF M CCE NONCREDIT 612- 625 -4259 MN 1281.6104 1466379 WAYNE HOULE 2012/01/20 $535.00 TRAINING ATSSA 450 - 3681701 VA 1281.6104 1466379 WAYNE HOULE 2012/01/18 $243.00 HOOK RACK SUNHOUSE 512 - 961 -4888 TX 1552.6406 1466379 WAYNE HOULE 2012/01/18 $296.61 TOOLS TOOLUP.COM 7028734332 NV 1553.6585 )342364 JEFF LONG 2012/01/02 $7.99 OFFICE SERVICES NFI *WWW.NETFLIX.COM /CC NETFLIX.COM CA 1400.6406 )342364 JEFF LONG 2012/01/03 $5.35 OFFICE SERVICES BLOCKBUSTER.COM 866 - 692 -2789 TX 1400.6406 )342364 JEFF LONG 2012/01/04 ($4.95) OFFICE SERVICES BMC *JAMES PATTERSON 800 - 984 -2665 PA 1400.6406 )342364 JEFF LONG 2012/01/06 $39.95 OFFICE SERVICES WWW.JO- GAMES.COM WWW.JO- GAMES. DE 1400.6406 $10,212.85 .'�S4 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policies and oroc.Gdures date . ll /o YIlu • f y`J� � yeas REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. IV.D From: John Wallin Finance Director ® Action ❑ Discussion 1 Information Date: February 21, 2012 Subject: Resolution No. 2012 -29 Authorizing Issuance and Sale of $33,690 EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) ACTION REQUESTED: Adopt Resolution 2012 -29 Authorizing Issuance and Sale of $33,690 EEEP Special Assessment Revenue Bond, Series 2012A Taxable). INFORMATION /BACKGROUND: Attached is the resolution awarding the sale of $33,690 EEEP Special Assessment Revenue Bonds, Series 2012A and Bond Purchase Agreement as drafted by bond counsel, Faegre Baker Daniels LLP. The bonds are for the Edina Emerald Energy Program and specifically the Resolution 2012 -26 authorizing special assessment for energy improvements at Grandview Tire and Auto and adopted at the February 6 City Council meeting. The bonds are not general obligation bonds but are only paid from the special assessments received. ATTACHMENT: Resolution 2012 -29 Bond Purchase Agreement RESOLUTION NO. 2012-29 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $33,690 EEEP SPECIAL ASSESSMENT REVENUE BOND, SERIES 2012A (TAXABLE), FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR ITS EXECUTION AND DELIVERY, AND PROVIDING FOR ITS PAYMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City Council of the City has established the Edina Emerald Energy Program (the "EEEP ") to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements "), on properties in the City through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429. 2. The City has received and approved one or more Applications and Petitions for Special Assessments from owners of property in the City desiring to participate in and receive financing pursuant to the EEEP. 3. In order to finance the Improvements so approved, the City Council hereby determines to issue its EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) (the "Bond "). 2. The proposal of Clean Fund LLC (the "Purchaser ") to purchase the Bond is hereby accepted, said offer being to purchase the Bond at a price of par plus accrued interest. The City Manager is authorized to enter into the Bond Purchase Agreement with the Purchaser. 3. The Bond shall be dated its date of delivery which shall not be prior to February 25, 2012, shall mature on January 1, 2023 and shall bear interest at the rate of 7% per annum, computed on the basis of a 360 -day year of twelve 30 -day months, payable semiannually on each January 1 and July 1, beginning July 1, 2012. The Bond shall be subject to redemption from sinking fund payments made by the City at a redemption price equal to the principal amount of the Bond to be redeemed with accrued interest on the Bond to the redemption date, without premium, in the principal amounts and on the dates as set forth in Exhibit A to the form of the Bond included in Section 4 hereof. The Bond is subject to optional redemption prior to maturity in whole but not in part on any interest payment date, at a redemption price of par. . 4. The Bond and the form of assignment shall be in substantially the following form: ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov • 952 - 826 -0371 • Fax 952 - 826 -0392 No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA EEEP SPECIAL ASSESSMENT REVENUE BOND SERIES 2012A (TAXABLE) Interest Rate Registered Owner: Principal Amount: Maturity Date of Original Issue 7.00% January 1, 2023 The City of Edina, Hennepin County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from the date of original issue specified above, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on January 1 and July 1 of each year, commencing July 1, 2012, until said principal amount is paid. Principal is payable in lawful money of the United States of America by the City Finance Director, as Bond Registrar or its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each January 1 and July 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bond shall be subject to redemption from sinking fund payments made by the City at a redemption price equal to the principal amount of the Bond to be redeemed with accrued interest on the Bond to the redemption date, without premium,. in the principal amounts and on the dates as set forth in Exhibit A hereto. The Bond is subject to optional redemption prior to maturity in whole but not in part on any interest payment date, at a redemption price of par. This Bond is issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Sections 216C.435 and 216C.436 and Chapter 429, Minnesota Statutes, for the purpose of providing funds for various improvements as provided in the Resolution described below; and this Bond is payable solely from special assessments levied or to be levied on property benefitted by the improvements and proceeds of the Bond set aside for such purpose. This Bond does not constitute a charge against the general credit or properties or taxing powers of the City and does not grant to the owner of this Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligation of the City or the individual officers or agents thereof. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bond adopted February 21, 2012 (the "Resolution "), only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the Mayor and the City Manager, all as of the Date of Original Issue specified above. CITY OF EDINA, MINNESOTA By Its Mayor By Its City Manager [EXHIBIT A] MANDATORY SINKING FUND SCHEDULE Redemptio Principal. n Date Amount 1/1/2014 $3,369 1/1/2015 3,369 1/1/2016 3,369 1/1/2017 3,369 1/1/2018 3,369 . 1/1/2019 3,369 1/1/2020 3,369 1/1/2021 3,369 1/1/2022 3,369 1/1/2023 3,369 MUCeMUM" FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Number of Assignee Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 5 Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. 5. The Bond shall be payable at maturity upon presentation at the office of the City Finance Director, as Registrar and Paying Agent, or at the office of such other successor agent as the City may hereafter designate upon 60 days' mailed notice to the registered owner at its registered address. Interest and mandatory sinking fund payments shall be paid by check or draft of the Registrar mailed to the registered owner at its address shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar, the City and the registered owner of the Bond are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 6. The Bond shall be prepared in typewritten form under the direction of the City Manager and when so prepared shall be executed on behalf of the City by the Mayor and the City Manager, at least one of which shall be an original signature. When the Bond shall have been so prepared and executed, it shall be delivered by the Finance Director in exchange for the purchase price, and the purchaser shall not be required to see to the proper application of the proceeds. 7. As long as the Bond issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on the Bond, as in this Resolution provided, and for the registration and transfer of the Bond, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of the Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, including representations of the transferee substantially similar to the representations of the Purchaser in Section 5 of the Bond Purchase Agreement, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee, a fully registered Bond of a like aggregate principal amount, interest rate and maturity. For every such exchange or transfer, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February, l or August 1 interest payment date. 8. Interest on the Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name the Bond is registered at 6 the close of business on the 15th day. of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or d, my provided for, on any. interest payment date. shall forthwith cease to be payable to the registered holder.on the relevant regular record date solely by virtue of such holder having been such holder-; and such defaulted interest may be paid I by the City in any lawful . manner, if, after notice given by the City to the Bond' Registrar of. the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject .to the foregoing provisions of this _paragraph; the Bond delivered''under this Resolution upon transfer of or in exchange for or. in lieu of any other Bond shall carry all the rights ,to interest accrued and unpaid, and to accrue, which were carried by: such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and. the Bond Registrar and their, respective successors, each in its discretion, may deem and treat the, person in whose name the same for the time being shall be registered as the absolute owner thereof for .all purposes and neither the City nor the' Bond Registrar. nor their. respective successors shall be affected by any notice to the contrary. Payment of,or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent. of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the EEEP Special Assessment Revenue Bond Fund, Series 2012A (the "Bond Fund "), for purpose of paying principal and interest on the Bond. Except for proceeds of the Bond in the amount of $2,004 which shall. be available for the payment of interest on the Bond through December 31, , 2012, which proceeds shall be deposited in the Bond Fund, the proceeds of the Bond herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of the Improvements, to be disbursed in accordance with the EEEP. All future collections of special assessments for the Improvements levied in accordance with Section 11 (the "Special Assessments ") are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bond .herein authorized, and the moneys and investments in the Bond Fund shall be used for no other purpose than to pay principal and interest on the Bond provided that amounts in `excess of the amount of principal and interest then due on the Bond may, ` at the option of the City, be deposited in a reserve account to provide additional security for the repayment of the Bond and other bonds issued from time to time under the EEEP, or in an expense account to be applied to payment or reimbursement of administrative and overhead costs of the City. 11. The City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with the Application and Petition for Special Assessments received from the owner(s) of the .Property. The interest rate on the Special Assessments shall be 7 %. The City makes no representation that the proceeds of such Special Assessments will be sufficient for the payment of principal of and interest on the Bond when due. 7 The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF EDINA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Edina, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held February 21, 2012, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $33,690 EEEP Special Assessment Revenue Bond, Series 2012A (Taxable).of said City. WITNESS My hand officially and the seal of the City this of (Seal) fb.us.7913710.02 9 City Clerk City of Edina, Minnesota BOND PURCHASE AGREEMENT $33,690 City of Edina, Minnesota Edina Emerald Energy Program EEEP Special Assessment Revenue Bond Series 2012A (Taxable) This Bond Purchase Agreement (this "Agreement ") is made and entered into as of February 22, 2012, by and between the undersigned, Clean Fund LLC, a California corporation, (the "Purchaser "), and the CITY OF EDINA, MINNESOTA, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (the «City "). Recitals A. The City Council (the "City Council ") of the City has established the Edina Emerald Energy Program (the "EEEP ") to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements "), on properties in the City through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429. B. The City has received and approved one or more Applications and Petitions for Special Assessments from owners of property in the City desiring to participate in and receive financing pursuant to the EEEP. C. In order to finance the Improvements so approved, the City Council has determined, by its Resolution No. 2012 -29 (the "Resolution "), to issue its EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) (the "Bond "), and to sell the Bond to the Purchaser pursuant to the terms of this Agreement. D. All acts and proceedings required by law necessary to make this Agreement, when executed by the City and the Purchaser, the valid, binding and legal obligation of the parties to this Agreement, and to constitute this Agreement a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Agreement have been in all respects duly authorized. NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained, the parties hereto do hereby agree as follows: Section 1. Definitions. Unless the context clearly requires or unless otherwise defined herein, the capitalized terms in this Agreement shall have the respective meanings which such terms are given in the Resolution. Section 2. Purchase of the Bond. Upon the terms and conditions herein set forth, the Purchaser hereby agrees to purchase, and the City hereby agrees to sell, execute and deliver 10 the Bond to the Purchaser. The purchase price to be paid for the Bond shall be the par value thereof. Section 3. The Bond. The Bond shall mature, bear interest, be subject to redemption prior to maturity, be secured and bear such other terms, all as described in the Resolution. Section 4. Closing. At 9:00 A.M., Minnesota time, on February 22, 2012, or at such other time or date as shall have been mutually agreed upon by the City and the Purchaser (the "Closing Date "), the City will, subject to the terms and conditions hereof, deliver to the Purchaser, at its office in San Rafael, California, the Bond in fully registered form, duly executed and registered; and, subject to the terms and conditions hereof, the Purchaser, will accept such delivery and cause the purchase price of the Bond to be paid by check or draft or by interfund transfer, as the case may be. Section 5. Representations of the Purchaser. The Purchaser represents, warrants and agrees as follows: a) The Purchaser has received and reviewed a copy of the Resolution. The Purchaser, understands that the Bond is a limited obligation of the City secured by and payable solely from Special Assessments as provided in the Resolution, the Bond does not constitute a charge against the general credit or properties or taxing powers of the City and does not grant to the owner of the Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest thereon, nor is the Bond a general obligation of the City or the individual officers or agents thereof. b) The Purchaser has sufficient knowledge and experience in financial and business matters, including in the purchase and ownership of municipal obligations of a nature similar to the Bond, to be able to evaluate the risks and merits of investing in the Bond. c) The Purchaser acknowledges that City has not prepared any offering document with respect to the Bond. The Purchaser, as a sophisticated investor, has made its own credit inquiry and analyses with respect to the Bond. The Purchaser has assumed the responsibility for obtaining and making such review as he has deemed necessary or desirable in connection with the decision to purchase the Bond. The Purchaser's decision to purchase the Bond did not rely on any information provided by the City (or any representatives or agents of the City) that is not in written form. d) The Purchaser understands that (i) the Bond has not been registered with any federal or state securities agency or commission or otherwise qualified for sale under the "Blue Sky" laws or regulations of any state, (ii) will not be listed on any securities exchange, (iii) will not carry a rating from any rating service, and (iv) may not be readily marketable. e) The Purchaser is investing in the Bond for its own account, and at the time of its purchase of the Bond, does not intend to distribute, resell or otherwise dispose of the Bond. 11 f) The Purchaser agrees that, in the event that the Purchaser decides to sell or otherwise transfer the Bond, the Purchaser shall require the new transferee to deliver to the City a certificate of representations including substantially similar representations as set forth in this Section 5. Section 6. Parties in Interest. This Agreement shall constitute the entire agreement between the Purchaser and the City and is made solely for the benefit of the Purchaser and the City (including their successors or assigns). No other person shall acquire or have any right hereunder or by virtue hereof. Section 7. Notice. Any notices required to be given to the City under this Agreement shall be mailed, first class, postage prepaid, or personally delivered to the City Manager at City of Edina, 4801 W. 50th St., Edina, MN 55424; and all notices to the Purchaser shall be mailed, first class, postage prepaid, or personally delivered to Clean Fund LLC, 781 Lincoln Ave., Suite 360, San Rafael, CA 94901, Attention: Finance Department. Section 8.. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Minnesota. 12 IN WITNESS ..WHEREOF;: the CITY OF EDINA, NIINNESOTA and CLEAN FUND LLC, a California corporation, have each caused this Agreement to be signed in its name by its duly authorized officer, all as of the day and year first above written. CITY OF EDINA,'MINNESOTA By Its City Manager CLEAN FUND LLC PURCHASER By Its President fb.usJ899294.02 13 Extract of Minutes of Meeting of the City Council of the City of Edina Hennepin County,, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Edina, Minnesota, was duly held at the City Hall in the City, on Tuesday, February 21, 2012, at 7:00 P.M. The following members -were present': and the following were absent: The Mayor announced that the next order of business was consideration of the issuance and sale of the $33,690 EEEP Special Assessment Revenue Bond, Series 2012A (Taxable). RESOLUTION AWARDING SALE Member introduced the following written resolution and moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 2012 -29 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $33,690 EEEP SPECIAL ASSESSMENT REVENUE BOND, SERIES 2012A (TAXABLE), FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR ITS EXECUTION AND DELIVERY, AND PROVIDING FOR ITS PAYMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: I. The City Council of the City has established the Edina Emerald Energy Program (the "EEEP ") to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements "), on properties in the City through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429. 2. The City has received and approved one or more Applications and Petitions for Special Assessments from owners of property in the City desiring to participate in and receive financing pursuant to the EEEP. 3. In order to finance the Improvements so approved, the City Council hereby determines to issue its EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) (the "Bond "). 2. The proposal of Clean Fund LLC (the "Purchaser ") to purchase the Bond is hereby accepted, said offer being to purchase the Bond at a price of par plus accrued interest. The City Manager is authorized to enter into the Bond Purchase Agreement with the Purchaser. 3. The Bond shall be dated its date of delivery which shall not be prior to February 25, 2012, shall mature on January 1, 2023 and shall bear interest at the rate of 7% per annum, computed on the basis of a 360 -day year of twelve 30 -day months, payable semiannually on each January 1 and July 1, beginning July 1, 2012. The Bond shall be subject to redemption from sinking fund payments made by the City at a redemption price equal to the principal amount of the Bond to be redeemed with accrued interest on the Bond to the redemption date, without premium, in the principal amounts and on the dates as set forth in Exhibit A to the form of the Bond included in Section 4 hereof. The Bond is subject to optional redemption prior to maturity in whole but not in part on any interest payment date, at a -redemption price of par. 4. The Bond and the form of assignment shall be in substantially the following form: No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA EEEP SPECIAL ASSESSMENT REVENUE BOND SERIES 2012A (TAXABLE) Interest Rate Registered Owner: Principal Amount: Maturity Date of Original Issue 7.00% January 1, 2023 P The City of Edina, Hennepin County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from the date of original issue specified above, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on January 1 and July 1 of each year, commencing July 1, 2012, until said principal amount is paid. Principal is payable in lawful money of the United States of America by the City Finance Director, as Bond Registrar or its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each January 1 and July 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bond shall be subject to redemption from sinking fund payments made by the City at a redemption price equal to the principal amount of the Bond to be redeemed with accrued interest on the Bond to the redemption date, without premium, in the principal amounts and on the dates as set forth in Exhibit A hereto. The Bond is subject to optional redemption prior to maturity in whole but not in part on any interest payment date, at a redemption price of par. This Bond is issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Sections 216C.435 and 216C.436 and Chapter 429, Minnesota Statutes, for the purpose of providing funds for various improvements as provided in the 4 Resolution described below; and this Bond is payable solely from special assessments levied or to be levied on property benefitted by the improvements and proceeds of the Bond set aside for such purpose. This Bond does not constitute a charge against the general credit or properties or taxing powers of the City and does not grant to the owner of this Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligation of the City or the individual officers or agents thereof. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bond adopted February 21, 2012 (the "Resolution "), only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the Mayor and the City Manager, all as of the Date of Original Issue specified above. CITY OF EDINA, MINNESOTA By Its Mayor By Its City Manager [EXHIBIT A] MANDATORY SINKING FUND SCHEDULE Redemptio Principal n Date Amount 1/1/2014 $3,369 1/1/2015 3,369 1/1/2016 3,369 1/1/2017 3,369 1/1/2018 3,369 1/1/2019 3,369 1/1/2020 3,369 1/1/2021 3,369 1/1/2022 3,369 1/1/2023 3,369 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and "A "ddress of Transferee), the within Bond and all rights thereunder, and hereby irrevocably constitutes and 'appoints attorney to transfer the ;within Bond on the books kept for registration thereof, with 'full power'of substitution' in the premises.. Dated: Please Insert Social Security Number or Notice:` The signature to this assignment must Other Identifying Number of Assignee correspond with the name as it appears on the face of this Bond in every .particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 7 5. The Bond shall be payable at maturity upon presentation at the office of the City Finance Director, as Registrar and Paying Agent, or at the office of such other successor agent as the City may hereafter designate upon 60 days' mailed notice to the registered owner at its registered address. Interest and mandatory sinking fund payments shall be paid by check or draft of the Registrar mailed to the registered owner at its address shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar, the City and the registered owner of the Bond are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 6. The Bond shall be prepared in typewritten form under the direction of the City Manager and when so prepared shall be executed on behalf of the City by the Mayor and the City. Manager, at least one of which shall be an original signature. When the Bond shall have been so prepared and executed, it shall be delivered by the Finance Director in exchange for the purchase price, and the purchaser shall not be required to see to the proper application of the proceeds. 7. As long as the Bond issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on the Bond, as in this Resolution provided, and for the registration and transfer of the Bond, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of the Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, including representations of the transferee substantially similar to the representations of the Purchaser in Section 5 of the Bond Purchase Agreement, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee, a fully registered Bond of a like aggregate principal amount, interest rate and maturity. For every such exchange or transfer, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. 8. Interest on the Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name the Bond is registered at 8 the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, the Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the EEEP Special Assessment Revenue Bond Fund, Series 2012A (the "Bond Fund "), for purpose of paying principal and interest on the Bond. Except for proceeds of the Bond in the amount of $2,004 which shall be available for the payment of interest on the Bond through December 31, 2012, which proceeds shall be deposited in the Bond Fund, the proceeds of the Bond herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of the Improvements, to be disbursed in accordance with the EEEP. All future collections of special assessments for the Improvements levied in accordance with Section 11 (the "Special Assessments ") are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bond herein authorized, and the moneys and investments in the Bond Fund shall be used for no other purpose than to pay principal and interest on the Bond provided that amounts in excess of the amount of principal and interest then due on the Bond may, at the option of the City, be deposited in a reserve account to provide additional security for the repayment of the Bond and other bonds issued from time to time under the EEEP, or in an expense account to be applied to payment or reimbursement of administrative and overhead costs of the City. 11. The City covenants to levy assessments for said Improvements on the property so benefitted, in accordance with the Application and Petition for .Special Assessments received from the owner(s) of the Property. The interest rate on the Special Assessments shall be 7 %. The City makes no representation that the proceeds of such Special Assessments will be sufficient for the payment of principal of and interest on the Bond when due. Z The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 10 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF EDINA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Edina, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held February 21, 2012, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $33,690 EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) of said City. WITNESS My hand officially and the seal of the City this of (Seal) fb.us.7913710.02 11 City Clerk City of Edina, Minnesota BOND PURCHASE AGREEMENT $33,690 City of Edina, Minnesota Edina Emerald Energy Program EEEP Special Assessment Revenue Bond Series 2012A (Taxable) This Bond Purchase Agreement (this "Agreement ") is made and entered into as of February 22, 2012, by and between the undersigned, Clean Fund LLC, a California corporation, (the "Purchaser "), and the CITY OF EDINA, MINNESOTA, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (the "City") Recitals A. The City Council (the "City Council ") of the City has established the Edina Emerald Energy Program (the "EEEP ") to finance the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements "), on properties in the City through the use of special assessments pursuant to Minnesota Statutes Sections 216C.435 and 216C.436 and Chapter 429. B. The City has received and approved one or more Applications and Petitions for Special Assessments from owners of property in the City desiring to participate in and receive financing pursuant to the EEEP. C. In order to finance the Improvements so approved, the City Council has determined, by its Resolution No. 2012 -29 (the "Resolution "), to issue its EEEP Special Assessment Revenue Bond, Series 2012A (Taxable) (the "Bond "), and to sell the Bond to the Purchaser pursuant to the terms of this Agreement. D. All acts and proceedings required by law necessary to make this Agreement, when executed by the City and the Purchaser, the valid, binding and legal obligation of the parties to this Agreement, and to constitute this Agreement a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and taken, and the execution and delivery of this Agreement have been in all respects duly authorized. NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained, the parties hereto do hereby agree as follows: Section 1. Definitions. Unless the context clearly requires or unless otherwise defined herein, the capitalized terms in this Agreement shall have the respective meanings which such terms are given in the Resolution. Section 2. Purchase of the Bond. Upon the terms and conditions herein set forth, the Purchaser hereby agrees to purchase, and the City hereby agrees to sell, execute and deliver 12 the Bond to the Purchaser. The purchase price to be paid for the Bond shall be the par value thereof. Section 3. The Bond. The Bond shall mature, bear interest, be subject to redemption prior to maturity, be secured and bear such other terms, all as described in the Resolution. Section 4. Closing. At 9:00 A.M., Minnesota time, on February 22, 2012, or at such other time or date as shall have been mutually agreed upon by the City and the Purchaser (the "Closing Date "), the City will, subject to the terms and conditions hereof, deliver to the Purchaser, at its office in San Rafael, California, the Bond in fully registered form, duly executed and registered; and, subject to the terms and conditions hereof, the Purchaser, will accept such delivery and cause the purchase price of the Bond to be paid by check or draft or by interf ind transfer, as the case may be. Section 5. Representations of the Purchaser. The Purchaser represents, warrants and agrees as follows: a) The Purchaser has received and reviewed a copy of the Resolution. The Purchaser, understands that the Bond is a limited obligation of the City secured by and payable solely from Special Assessments as provided in the Resolution, the Bond does not constitute a charge against the general credit or properties or taxing powers of the City and does not grant to the owner of the Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest thereon, nor is the Bond a general obligation of the City or the individual officers or agents thereof. b) The Purchaser has sufficient knowledge and experience in financial and business matters, including in the purchase and ownership of municipal obligations of a nature similar to the Bond, to be able to evaluate the risks and merits of investing in the Bond. c) The Purchaser acknowledges that City has not prepared any offering document with respect to the Bond. The Purchaser, as a sophisticated investor, has made its own credit inquiry and analyses with respect to the Bond. The Purchaser has assumed the responsibility for obtaining and making such review as he has deemed necessary or desirable in connection with the decision to purchase the Bond. The Purchaser's decision to purchase the Bond did not rely on any information provided by the City (or any representatives or agents of the City) that is not in written form. d) The Purchaser understands that (i) the Bond has not been registered with any federal or state securities agency or commission or otherwise qualified for sale under the "Blue Sky" laws or regulations of any state, (ii) will not be listed on any securities exchange, (iii) will not carry a rating from any rating service, and (iv) may not be readily marketable. e) The Purchaser is investing in the Bond for its own account, and at the time of its purchase of the Bond, does not intend to distribute, resell or otherwise dispose of the Bond. 13 f) The Purchaser agrees that, in the event that the Purchaser decides to sell or otherwise transfer the Bond, the Purchaser shall require the new transferee to deliver to the City a certificate of representations including substantially similar representations as set forth in this Section 5. Section 6. Parties in Interest. This Agreement shall constitute the entire agreement between the Purchaser and the City and is made solely for the benefit of the Purchaser and the City (including their successors or assigns). No other person shall acquire or have any right hereunder or by virtue hereof. Section 7. Notice. Any notices required to be given to the City under this Agreement shall be mailed, first class, postage prepaid, or personally delivered to the City Manager at City of Edina, 4801 W. 50th St., Edina, MN 55424; and all notices to the Purchaser shall be mailed, first class, postage prepaid, or personally delivered to Clean Fund LLC, 781 Lincoln Ave., Suite 360, San Rafael, CA 94901, Attention: Finance Department. Section 8. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Minnesota. 14 IN WITNESS WHEREOF, the CITY OF EDINA, MINNESOTA and CLEAN FUND LLC, a California corporation, have each caused this Agreement to be signed in its name by its duly authorized officer, all as of the day and year first above written. CITY OF EDINA, MINNESOTA By Its City Manager CLEAN FUND LLC PURCHASER By Its President fb.us.7899294.02 15 011 ��.W/U REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item IV.E. From: James Hovland Mayor ❑ Action ® Discussion ❑ Information Date: February 21, 2012 Subject: Resolution No. 2012 -34 Supporting the Metropolitan Council's 2012 Request For Bonding ACTION REQUESTED: Adopt Resolution No. 2012 -34 supporting the Metropolitan Council's 2012 Request for Bonding. INFORMATION /BACKGROUND: The Metropolitan Council is requesting $25,000,000 in 2012 bonding for the Southwest Light Rail Transit. This rail line will run from Eden Prairie to Minneapolis and be a key element in the future development of our community. We have been asked to adopt the attached resolution showing the support of the City of Edina for the Metropolitan Council's request for bonding in 2012. ATTACHMENT: Resolution No. 2012 -34 Resolution No. 2012 -34 In Support of Metropolitan Council's 2012 Bonding Request for Southwest Light Rail Transit City of Edina WHEREAS, the proposed Southwest Light Rail Transit line from Eden Prairie to Minneapolis will run through our city; and WHEREAS, the Southwest Light Rail Transit line is a key element in our future development as it connects businesses and workers, supports economic growth, improves transit options for residents, and increases housing choices; and WHEREAS, the Southwest Light Rail Transit will contribute to the economic vitality of this region and support the economic competitiveness of the State of Minnesota; and WHEREAS, our city staff, residents and business community have been and continue to be supportive of and closely involved in the planning for this project, as indicated by the previous adoption of a city council resolution in support of Southwest Light Rail Transit; and WHEREAS, the Governor of the State of Minnesota supports and the Metropolitan Council has requested $25,000,000 in 2012 bonding for Southwest Light Rail Transit; and WHEREAS, approving this bonding request is crucial to keeping the Southwest Light Rail Transit project on schedule as it moves through Preliminary Engineering and seeks final .federal approval; and NOW, THEREFORE, BE IT RESOLVED THAT: the City of Edina strongly urge all Hennepin County ,state legislators to support the Metropolitan Council's bonding request for Southwest Light Rail Transit and to work to make sure that the State of Minnesota continues to provide resources for this crucial regional infrastructure. Adopted this 21St day of February, 2012. Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK James B. Hovland, Mayor I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com 2012. City Clerk 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 - 826 -0379 r )A-0,W)) REPORT /RECOMMENDATION To: EDINA CITY COUNCIL Agenda Item Item No. IV. F. From: John Keprios, Director ® Action Park and Recreation Department F-1 Discussion Information Date: February 21, 2012 Subject: SECOND READING ORDINANCE NO. 2012 -04 AMENDING SECTION 1230.06 TOBACCO USE IN CITY PARKS ACTION REQUESTED: Staff recommends the City Council approve Second Reading for the attached Ordinance No. 2012 -04 that prohibits the use of all forms of tobacco in all Edina parks both indoor and outdoor. INFORMATIOWBACKGROUND: At their Tuesday, August 17, 2004, meeting, the City Council voted unanimously to direct the Park Director to establish an additional Regulation, under the authority granted the Park Director in Code 1230.06, to make all Edina parks tobacco -free. As Park Director, I wrote a memo to the file on September 1, 2004 that followed the Council's directive and made the new tobacco -free regulation effective as of Friday, October 15, 2004. People often visit our website to see if there is a tobacco -free regulation in place for parks but it does not show up in the City Code. Until and unless they see signs in the park, visitors assume that tobacco is allowed in the parks. The attached proposed ordinance is identical to the Regulation that is currently in place as directed by the City Council at their August 17, 2004 Council meeting. The enforcement of the new ordinance is the same as the Regulation that is currently in place. The City Council approved First Reading at the February 6, 2012 Council meeting. ATTACHMENTS: • Ordinance No. 2012 -04 ORDINANCE NO. 2012 -04 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING THE USE OF TOBACCO IN CITY PARKS THE CITY OF EDINA ORDAINS: Section 1. Chapter 12 of the Edina City Code is amended by adding Section 1230.10 to provide as follows: 1230.10 Tobacco Use Prohibited in Public Parks. In addition to the requirements of Subsections 1230.02 and 1230.03, the use of tobacco in any form is prohibited in public parks, indoor or outdoor. - Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: February 6, 2012 Second Reading: Published: February 21, 2012 Attest Debra A. Mangen, City Clerk Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk James B. Hovland, Mayor` 0 •,v v • REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No: IV.G. From: Wayne D. Houle, PE_ City Engineer ® Action F-1 Discussion 11 Information Date: February 21, 2012 Subject: Traffic Safety Committee Report of January 4, 2012 ACTION REQUESTED: Review and approve the revised Traffic Safety Committee Report of January 4, 2012. INFORMATION /BACKGROUND: The Traffic Safety Committee Report (TSCR) was removed from the Edina Transportation Commission (ETC) consent agenda for further discussion. The ETC reviewed the TSCR and requested that Item 13.1. be revised to include the address of Hennepin County Public Library — 5280 Grandview Square. ATTACHMENTS: Traffic Safety Staff Committee Report for January 4, 2012, Revised January 19, 2012. Edina Transportation Commission Meeting Minutes of January 19, 2012 G:\ Engineering \Infrastructure \Streets \Traffic \Traffic Safety Committee \City Council Reports \Item W.G. Traffic Safety Report of January 4, 2012.doc TRAFFIC SAFETY COMMITTEE REPORT Wednesday, January 4th, 2012 Revised 01/19/2012 The Committee review of traffic safety matters occurred on January 4th, 2012. The Committee is comprised of staff members included the City Engineer, Assistant City Engineer, Assistant City Planner, Police Traffic Supervisor, and Traffic Safety Coordinator. From that review, the recommendations below are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were also informed that if they disagree with the recommendation or have additional facts to present, they can be included on the January 19, 2012, Edina Transportation Commission and then on to the February 6, 2012 Council Agenda. The Transportation Commission asked for clarification on Items B -1 and C -1. SECTION A: Requests on which the Committee recommends approval of request: 1. Request for "Do Not Enter" signs on Grandview Square. This request is from a resident in the area of Grandview Square. The requestor claims that vehicles entering from parking areas around Grandview Square are making wrong turns on the one way streets. The requestor feels that placing the signs would help drivers recognize the correct direction of travel. Grandview Square has two streets that are one way streets. There are a total of three entrances onto these streets. Two of the entrances are located at intersections. The third is mid -block on one of the streets. All of the entrances have a "One Way" sign to indicate direction of travel. The eastern most entrance also has a "Do Not Enter" sign located at the intersection of two streets. After discussion, it was decided that the best option would be to place a "Do Not Enter" sign on the corner that does not have one. This would match the other intersection. Staff determined that the mid -block entrance does not need any more signage because the existing sign is highly visible. Any other signs placed near the mid -block entrance would be on private property. Traffic Safety Committee Report Page 1 of 4 January 4, 2012 Staff recommends the approval of placing a "Do Not Enter" sign at the southwest corner of Grandview Square. SECTION B: Requests on which the Committee recommends denial of request: 1. Request for a redesign of the Grandview Hennepin County Public Library, 5280 Grandview Square, parking lot. (Changed at request of Transportation Commission 1119112) This request comes from a resident who has concerns with the traveling area and parking lanes in the parking lot. The requestor claims that there is not enough space to safely travel when vehicles are parked. Requestor has asked that the parking spaces be angled and the direction of the parking lot be changed to a one way direction of travel. There are no traffic counts or recorded accidents within the parking lot. Edina does not own the parking lot that is adjacent to the library, but has an agreement with Hennepin County. Requestor has been informed of the agreement and staff directed him to the ongoing Grandview small Area Plan to see the proposed concepts for this area. Staff recommends the denial of the request for a redesign of the Hennepin County Public Library parking lot. 2. Request for a "Stop Ahead" sign to be removed near the intersection of McCauley Trail and Timber Ridge. This request is from the resident of along Timber Ridge. The requestor claims that due to the increased vegetation, the sign has become obscured. The requestor would like the sign removed so it would be easier to mow his lawn. McCauley Trail is a Collector with a Mon -Fri. Average Daily Traffic (ADT) of 1634 vehicles and an 85th percentile speed of 34.3 MPH. By City Ordinance, the minimum height that all streets must be clear is 16 feet. It appears that the vegetation is below 16 feet and needs to be trimmed back so the sign is visible. Staff has referred this issue to Public Works for review and if necessary, trim the vegetation. Traffic Safety Committee Report Page 2 of 4 January 4, 2012 Staff recommends the denial of the request for removal of the "Stop Ahead" sign near the intersection of McCauley Trail and Timber Ridge. SECTION C: Requests that are deferred to a later date or referred to others. 1. Request for the speed limit on 51" Street West south of Lunds to be reduced from 50th Street West to France Avenue. Requestor lives on the street and has described the speed of vehicles traveling on the street, "Dangerous ". (Chanted at Transportation Committee request 1119112) 51St Street West is classified as a collector and has a Mon -Fri. Average Daily Traffic (ADT) of 6678 vehicles with an 85th percentile speed of 28.2 MPH. There have been a total of six crashes in the area in the past 10 years. Four of the accidents were property damage only, while two were possible injury. The street is 46 feet in width and has both bulkhead curb and gutter and sidewalks of both sides.. There is also no parking allowed on the street on both sides. Pedestrian crossings are marked with flashing semaphores and crosswalk markings. The City of Edina is classified as an Urban district. In accordance with Minnesota State Statute 169.14, speed restrictions are established by State Statute and can only be modified by the Commissioner of Transportation on the basis of engineering and traffic investigation that indicates enhanced safety. This request will be deferred until spring for additional data collection in the area. 2. Request for speed bumps on 55th Street West near the intersection of France Avenue. This request is from a resident on 55th Street West. They claim that there is an increased traffic volume and speed on the street. The requestor feels that speed bumps would be a solution to calm traffic. 55th Street West is a 27 foot wide bituminous City Street with no curb and gutter, no sidewalks, and no sight obstructions. There are no reported accidents from 2001 to 2010 on this part of 55th Street West. This request will be deferred until spring for additional data collection in the area. The requestor was notified that the process for requesting traffic calming devices is the Neighborhood Traffic Management Plan (NTMP). A copy of this plan was emailed to the resident. Traffic Safety Committee Report Page 3 of 4 January 4, 2012 3. Request for a signal light at the intersection of 66th Street West and West Shore Drive. Requestor lives near the area and feels that there is an increase of traffic volume on 66th Street West. The requestor feels that a signal will help control traffic volume. 66th Street West is classified as a Collector and has one reported accident (collision with a Bicycle, 2003) between 2001 and 2010 at this intersection. It has a Mon -Fri Average Daily Traffic (ADT) of 9539 vehicles with an 85th percentile speed of 38.7 MPH. West Shore Drive is classified as a City Street with a Mon -Fri Average Daily Traffic (ADT) of 437 vehicles with an 85th percentile speed of 26.6 MPH. This request is being deferred until updated traffic studies are conducted in the area. The increased traffic from the construction of 70th Street West in 2011 may have created elevated traffic volumes on 66th Street West. Staff is proposing to collect data in the spring of 2012. SECTION D: Other traffic safety issues handled. No other traffic safety issues handled Traffic Safety Committee Report Page 4 of 4 January 4, 2012 MINUTES OF CITY OF EDINA, MINNESOTA TRANSPORTATION COMMISSION COUNCIL CHAMBERS January 19, 2012 6:00 P.M. ROLLCALL Answering roll call were Members Bass, Bonneville, Braden, Franzen, Janovy, Nelson, Schold Davis, and Thompson APPROVAL OF MEETING AGENDA Motion was made by member Braden and seconded by member Nelson approving the meeting agenda. All voted ave. Motion carried. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 15, 2011 Chair Janovy noted that the bulleted list on page 2 could be confusing later on because it is missing context. After discussion, consensus was reached that the minutes should be done in a narrative style with context for better understanding. On page 2, last paragraph, delete "showing." Motion was made by member Nelson and seconded by member Thompson to approve the amended minutes. All voted ave. Motion carried. APPROVAL OF MINUTES - SPECIAL MEETING OF JANUARY 9.2012 Page 3, 4th bulleted paragraph, the sentence in parenthesis was revised as follow: (After additional design, staff expects each residential assessment for the sidewalk to be $1700. NOTE: this information was determined after the meeting and included here for clarification). Motion was made by member Bonneville and seconded by member Franzen to approve the amended minutes. All voted ave. Motion carried. TRAFFIC SAFETY COMMITTEE REPORT OF JANUARY 4, 2012 Regarding Section B. I., member Nelson asked which library was being referred to. Assistant city engineer Sullivan said it was the Grandview Library and that the request was referred to the Planning Commission since this area is part of the Grandview Small Area Study. Regarding Section B. 2., chair Janovy asked if the requestor is okay with the vegetation being removed since the request was to remove the "Stop Ahead" sign. Mr. Sullivan said the vegetation is a low hanging branch which is not allowed by City code; therefore, the best solution is to remove the branch. Regarding Section C. I., chair Janovy asked if the request was for the section of W. 51st Street behind Lunds and Mr. Sullivan said yes. COMMUNITY COMMENT None. Chair Janovy asked Mr. Pedersen to explain Municipal Consent and the process. He said generally there are three criteria: 1) acquisition of ROW (none in this project); 2) modification of access (none in this project); and 3) additional capacity to the facility — building auxiliary lanes from northbound 1 -35 to TH -100. He said the process includes a public hearing and probably back to the ETC and then to Council. Mr. Pedersen said the bridge will be widen to maintain the current 4 -lane, add turn lanes, provide 6 ft shoulders on both sides, and 10 ft sidewalk on both sides of the bridge which can be used as bicycle facility later on (designated by the County as bike route). He said the bike lane will not be striped until there is an approaching bike lane. Mr. Sullivan said it is expected this will go before Council in April and requested a response from the ETC to Council either by motion or comments in the minutes. Mr. Houle said with the TH -169 Municipal Consent, he does not believe a public hearing was held. He asked for confirmation that there is no cost sharing for Edina and Mr. Pedersen said only if pedestrian lighting is needed and he is not aware of any.at this time. Mr. Houle asked that staff be allowed to determine if a public hearing is necessary and who would be hosting it. The comments from the public hearing would be brought back to the ETC and the ETC would make a final recommendation to the Council. He said the timeline would be February to March and Municipal Consent in April. Member Bass asked if there is a median island on the northern side of the intersection to provide pedestrian refuge and could this be added if not currently included. Mr. Pedersen said one on the northern side at Edinborough Way and a 6 ft median is proposed for the south side, which is not much refuge. Mr. Houle recommended taking a look at their design plan and considers incorporating a refuge and possibly a duratherm crosswalk. Mr. Houle said this may add minimal cost to the City. France Avenue Pedestrian Bridge Re- scoping In recapping events to date, Mr. Sullivan said the City received a federal grant of $1M for a pedestrian bridge over France Avenue at 72nd Street. He said the Council and ETC has asked staff to take a step back to see if the funds could be applied to at -grade crossing and bicycle enhancements for pedestrians for the corridor. He said Mr. Chuck Rickart of WSB & Associates has been writing a re -scope of the project. Mr. Rickart said WSB & Associates was retained to look at a scope change and the sunset date for the project. The sunset date for the funds is March 31, 2012. He said the Council would like to expand the scope to look at the entire corridor from Minnesota Drive to W. 66th Street. He explained that the funding application was in 2007 with approval in 2008, and the City set aside $1M in the CIP for 2011 for the project. In addition to Council's and ETC's concerns with the overpass, a study of the corridor by Hennepin County, in conjunction with the City, in 2009, identified "other" improvements that could be implemented instead of an overpass. Mr. Rickart said the current approved proposal is as follow: Construction of a Pedestrian and Bicycle Bridge over France Avenue in the vicinity of W. 72nd Street to provide a safe and efficient connection between the commercial, retail and offices east of France Avenue with the residential neighborhoods west of France Avenue; approximately 6000 ft. of 10 ft. wide bituminous trail, trail lighting, landscaping, benches and signing. He said they are seeking a sunset date extension and a scope change with the sunset date extension of one year being the more critical of the two. He said certain requirements such as approvals of environmental documents; right -of -way certificate; MnDOT plans; and letting the project within 90 days of the sunset date must be met for the extension to be granted. Additionally, they must show progress has been made on the project to date; give unique reasons why extension is needed; and demonstrate that the project can be completed within the year. He said the process includes a review and concurrence by MnDOT and then to the Met Council TAC Funding and Programming Committee for review and approval. 3 2012 ETC Priorities Chair Janovy said the top three priorities as discussed previously are Living Streets, France Avenue /Greater Southdale Area Pedestrian/Transit /Bike Improvements, and Safe Routes to School — High School Traffic (Valley View between Antrim and Gleason). Other ongoing priorities are Capital Improvement Projects; Transportation Options Working Group, Review TSC Reports. A carry-over from 2011 is TLC Bike Boulevard and from 2010 is TIA /TDM /Zoning Code Update. Additionally, chair Janovy said she will be meeting tomorrow morning with the chair of the Planning Commission, Director Teague, City Engineer Houle and Assistant City Engineer Sullivan to discuss Transportation Impact Analysis for redevelopment which the ETC passed on to the Planning Commission last year. Motion was made by member Thompson and seconded by member Nelson to approve the 2012 Priorities. All voted ave. Motion carried. ETC Meeting Schedule for 2012 Chair Janovy said they are to sign off on the meeting schedule and attendance would be based on this schedule, plus, there could be work sessions with the Council that would be required meetings. She said a Council member suggested that they meet the first Thursday of the month: It was noted that the current schedule is what everyone have planned for and new members being interviewed have been told this schedule. A 7 p.m. start time was suggested instead of 6 p.m. Mr. Sullivan said a change could create meeting room conflicts which could be worked out. Member Bass suggested making the decision in 2012 for implementation in 2013. Most commissioners were okay with the current meeting schedule but were also flexible to a new schedule. The October 18 meeting was rescheduled for October 25 because it conflicts with a' school holiday. Motion was made by member Nelson and seconded by member Franzen to approve the meeting schedule as the 3rd Thursday of the month at 6 p.m., except for the October meeting which is scheduled for the 4th Thursday. UPDATES Student Members Chair Janovy said student member Housh has resigned. Transportation Options Working Group Member Schold Davis said since this is her last ETC meeting she still needs to figure out how she will continue on as the chair of this group. She said there is a grassroots community group that began meeting before the Transportation Options Working Group and they are working on gathering information about the Independent Transportation Network and will be creating a proposal. The two groups will meet eventually. Chair Janovy said she has not received the final bylaws but it allows member Schold Davis to be a co -chair with a current ETC member. Member Schold Davis said she would continue on as co- chair. The other co -chair will be selected at a future meeting. Bike Edina Task Force Update Chair Janovy said they had two guests from Do.Town at their meeting to talk about their purpose and how they can work with the BETF. Grandview Small Area Study Update Member Nelson said the group is meeting tonight to get final steering committee approval. He said residents can comment at www.edinacitizenengagement.org. Public comments will begin January 25 on the draft plan. The plan will be presented to the Planning Commission in February and April 14 to the Council. 0 A '( i tG°fFm Y tPa!i .fir' .3:. • - .x.+'y '.1. SPIV. fY A? i'.rJ' NG+i" L. rh V' 5111 IPIJ1 �I TRANSRORTA r...," ._..T,..qr. ar ...v.�;. �.,F.. U'TJ.Y : - m•....wL,iS.+a. - 71:iF1_ ' +Re -n\ . ...y._ r,v,.Ewt N COMM,I{� NAME TERM J F M A M J J A S O N D Work Session Work Session # of Mtgs Attendances: %` Meetings/Work Sessions (enter t r da to 1 (enter date) Bass, Katherine 2/1/2014 1 r 0§MOORS Braden, Ann 211/2014 ' I j�1s``1OOa /o Franzen, Nathan 2/1/2013 1 NM1 {,1U0 %,�x lyer, Surya 2/1/2015: ISM Janovy, Jennifer 2/1/2014 1 LaForce, Tom 2/1/2015 #DIU10! Nelson, Paul 2/1/2013 1 Schweiger, Steven student Fla Thompson, Michael 2/1/2013 1 a10U %gyp Whited, Courtney 2/1/2015 y{ 0 � #,DIU /l VACANT student k �� Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w /Quorum Type " 1" under the month on the meetings' line. Type "1" under the month for each attending member. Regular Meeting w/o Quorum Type "I" under the month on the meetings' line. Type "I " under the month for each attending member. Joint Work Session Type "I" under "Work Session" on the meetings' line. Type "I" under "Work Session" for each attendinn mr mhPr Rescheduled Meeting* Type "l " under the month on the meetings' line. Type "I" under the month for each attending member. Cancelled Meeting Type "I" under the month on the meetings' line. Type "1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. *A rescheduled meeting occurs when members are notified of a new meeting date /time at a prior meeting. If shorter notice is given, the previously - scheduled meeting is considered to have been cancelled and replaced with a special meeting. NOTES: � REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No: IV.H. From: Wayne D. Houle, PE , ,,�A City Engineer ® Action Discussion Information Date: February 21, 2012 Subject: Resolution No. 2012 -35 Receiving the Feasibility Study for Tracy Avenue Roadway Reconstruction Project Improvement No. BA -368 ACTION REQUESTED: Approve attached Resolution No. 2012 -35 receiving the Feasibility Study for Tracy Avenue Roadway Reconstruction Project Improvement No. BA -368. INFORMATION /BACKGROUND: The Edina City Council set the Public Hearing date for the Tracy Avenue Roadway Reconstruction project for March 6. The feasibility studies were distributed to the City Council on February 6, as a back of packet submittal; please contact either myself or Engineering Coordinator - Sharon Allison if you need an additional copy of the feasibility study. Attached are updated Questionnaire No. 2 results, parking survey, and correspondence received to date. ATTACHMENTS: Resolution 2012 -35 Updated Questionnaire No. 2 results Parking Survey Additional correspondence G: \PW\CENTRAL SVCS \ENG DIV\PROJECTS \IMPR NOS \BA368 Tracy Ave Benton - Crosstown \PRELIM DESIGN \Public HeaNnq \Item IV. H. Res. 2012 -35 Recvq RESOLUTION NO. 2012-35 RECEIVING FEASIBILITY REPORT FOR TRACY AVENUE ROADWAY RECONSTRUCTION (VERNON AVENUE TO BENTON AVENUE) IMPROVEMENT NO. BA -368 WHEREAS, at the request of Edina City Engineer, report have been prepared by staff with reference to the proposed Improvement No. BA -368, the improvement of Tracy Avenue from Vernon Avenue to Benton Avenue, and the report is hereby received by the Council on February 21, 2012; and WHEREAS, the report provide information regarding whether the proposed improvement is necessary, cost - effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessment for affected parcels; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EDINA, MINNESOTA: 1. The council will consider the improvement of such street in accordance with said report and the possible assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statute, Chapter 429 at an estimated total cost of the improvement of $141,400.00. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2012, in the council chambers of the city hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED this 21St day of February, 2012. Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ City Clerk ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 wwwEdinah4N.gov • 952 - 826 -0371 • Fax 952- 826 -0392 Tracy Avenue Questionnaire Tabulation #2 -Summary. ' HOresponses are indicated ifhouseholdwas split (i.e. husband.and wife disagreed on theiranswer) " Percentages are based on those who answered a particular question, `some residents left answers blank. "' Questionnaires were sent out via email through the Countryside Neighborhood Group, it is unknown the number of questionnaires that were distributed Is Proposed Section Maintain Parking If resident could eliminate one Most A ro riate? East Side cross section component? West Side. Sidewalk Is Roundabout ro riate? If No, which it Group Yes No ' Im ortant Not Important Bike Lane Parking Lane Leave As Propose Im ortant Not Im ortant ` Yes No - _. a ro riate? ea i n eave s Tracy Avenue . (Benton to Vernon) Answered 9.5• 18.5' 14 15 14 9 5 3 24 10 18.. 8 10 (29 of 34) 85% Res onses Percent— 34% 66% 48% 52% 50% 32% 18% 11% -89% . 36% 64% 44% 56% Tracy Avenue (TH 62 to Benton) Answered 7 - 12 6 14 5 10 5 2 17 10 10 4 .5 (20 of 38) 53% Res onses -.: Percent" 37% - 63% 30% 70% 25% 50% 25% 11% 89% 50% 50 %. 44% 56% Non -Tracy Avenue— Answered 6 _ -12 5, 12 7.5 8 2.5 7 11 2 " . .. 16 5.5 10.5 18 Responses Percent- 33% 67% 29% 71% 42% 44% 14% 39% 61% -11% 89% 34% 66% ' HOresponses are indicated ifhouseholdwas split (i.e. husband.and wife disagreed on theiranswer) " Percentages are based on those who answered a particular question, `some residents left answers blank. "' Questionnaires were sent out via email through the Countryside Neighborhood Group, it is unknown the number of questionnaires that were distributed Data Entered By: Last Date Data Entered: Due Date: Questionnaires Sent Out: Questionnaires Returned: Percent Returned: Data Checked By /Date: Dean Chamberlain 2- Feb-12 30-Jan-`12 38 20 53% Andrew Plowman Questionnaire #2 Tracy Avenue Residents (TH 62 to Benton) K, Wl68 &250LOEmin%Do's%OuesbonnalMTmy Avenue QueWonnatre TaWatbnFt.bam 2/168012 1 0f2 I. Roadway Roadwa y Components BentonlTracy Intersection Do you Agree Proposed Is the Most Importance of Maintaining Parking Appropriate? East Side If you could Eliminate One Cross Section Item? Importance of Adding west side Sidewalk Are "Bump outs" an enhancement? Is Roundabout Correct Solution? It No, Which Option Is Most Appropriate? Leave Realign Returned Not Bike Parking Section Not West Survey Yes No Comments Important Important Comments Lane Lane As Is Comments Important Im ortant Comments Yes No Comments Yes No As Is Leg Other Comments X X X X X X X I _ No sidewalk'& no bumpouts The proposed roundabout mayspeed traffic flow ut,pedesfriansafety will be on the west; the existing rcornprimised = especlally when;school Is�" irting and ending: The sidewalk'onJhe east handles roun'dabaut es proposed "cuts into'tfie property-oh the NW.comer;of Ben "ton_ the 'foot traffic well. The CT racy & will5ereate new traffic problemsfor.dr•IVers coming out of Y11, "bum pouts" are a Wasted = paitictitkHy. "the;comer house:`Most,bike.lanes,in Edina ere not expense. i°Enhanoed" marked'rtor'ar_e,they'S ft`w[de.`Make;the Trary bike lanes 4 ft Takb 2' from! cro olk a( snot ed the laWft" on the v_irest and 2'ifrom the' lawns;on,the east (making'the east' Parkin on Tracy, Parking cy Is ea fi ,p, m k ,t,cl r where y ' dbivd.3' wliich'Is fine for growing gress.when there is a tilkeaane beside.,H). tX ; , X X' not needed: i X , i .' . - X - Unheaded X crossin as safest . X X . Eliminate th -e" rkin i&;the bum uts. Pedestrian safety would be Improved by straightening Benton. This [realign west leg option] is the safest for all of the pedestrian traffic - most importantly the chlldrenlll This option will also best maintain the existing X X X X X X X X environmentfsettin for the neighborhood. Thanksl X X X X X X X We are hoping we will not be assessed for this. X X_ I X X X X X X X X X X X X Wldening.the road'will . enceurage.htgherspeedsand ' motet reffic on Tracy mailbox is hit bY:a car'every -_ winter -Ceis have'skidded onto my lawn every-V. ter. It Is vgry: difficult Wget,out of • my driveway,be tweeng715 to •' Traffic speeds and volume;of;trafFicls unbearable the way -.itJs now. Making '9[15 am e everytlay a'slt Is any;ofthepe proposed changes will cause long- term "hardshipao he X._ -_._ _ _ '.... '--�X- _- ,x now—, X >X rope -. owners aIdn Tr3 -'Ave There Is a I think that there Is not a need sidewalk there for parking on the east side of already on the Tracy currently. There Is I think that straightening out Benton on the west side to match the east side west side In front already parking on the west of Benton would make it less confusing to drivers at the 4-way stop and for X X X X X side of the school X side. X X the walkers at school time. X _. T h Communication In the summer 15IFF-CrUFS-12UAU DiKes at a time) use racy Ave. That Adult bike lanes on cables are number going through a roundabout would be a [unreadable - 2 words). X X X X Olinger Rd beneath where X X X Ground water could do great damage. Water rushing down Tracy along - - — - a ancingAmproving 1 have hied at my, addregs since 1975;,anii Lhave never thought thajthe X ... X. _ .. _ .. - _ . _ X _,- . _ _ _- _ _ -t ` X „crosswalks. is'a" "ood. idea. X X Intersection was "roblem for," edestrians o[.vehicles:_ K, Wl68 &250LOEmin%Do's%OuesbonnalMTmy Avenue QueWonnatre TaWatbnFt.bam 2/168012 1 0f2 Data Entered By: Last Date Data Entered: Due Date: Questionnaires Sent Out: Questionnaires Returned: Percent Returned: Data Checked By /Date: Dean Chamberlain 2- Feb-12 30Jan -12 20 53% Andrew Plowman Questionnaire #2 Tracy Avenue Residents (TH 62 to Benton) KW76Be 250144ntriMD°oWuedonnWnATrwy Avmue Quegbmatr° TaddWJwd2ftm 21168072 2 oft I. Roadway Roadwa y Components BentonlTracy Intersection Do you Agree Proposed is the Most Importance of Maintaining Parking Appropriate? East Side If you could Eliminate One Cross Section Item? Importance of Adding west side Sidewalk Are "Bum outs° an enhancement? Is Roundabout Correct Solution? If No, Which Option Is Most A ro riate? Returned Not Bike Parking Leave Section Not Realign West Survey Yes No Comments Important Important Comments Lane Lane As Is Comments Im rtent Im ortent Comments Yes No Comments Yes No As Is Leg Other Comments don't understand the X X X X X illustration X X X X ere s a rea . nice sidewalk on X X X X X the east sidel X X X It will be a nightmare to control traffic when children are presentl x X x X ^X, x X Speed is a big problem. ost X X X x people go Hard to et out and In X x X X X X X X X ix 20 Returned 7 12 6 14 1 1 6 10 6 2 1 17. 12 7 10 10 5 4 ... Percent 37% 63% 30% 70% 25% 50% 25% 11% 89% 63% 37% 50 °h 50% 66% 44% Total Answered 19 20 20 19 19 2p Percent of Returned 95% 100% 100% 95% 95% 100% KW76Be 250144ntriMD°oWuedonnWnATrwy Avmue Quegbmatr° TaddWJwd2ftm 21168072 2 oft Data Entered By: Last Data Date Entered: Due Date: Questionnaires Sent Out Questionnaires Returned: Percent Returned: Data Checked By /Date: Dean Chamberlain 2- Feb -12 30Jan -12 34 28 Andrew Plowman Questionnaire #2 Tracy Avenue Residents: Benton to Vernon Kto16e &2601AdmhU)=%QueaUorvdrMTnazr Aveme Quedlomalre ToWatW42 idsm 2/162012 103 1. Roadway Roadway Com onents BentonlTracy Intersection Do you Agree Proposed Is the Most Importance of Maintaining Parking Appropriate? East Side If you could Eliminate One Cross Section Item? Importance of Adding west side Sidewalk Are "Bum uts" an enhancement? Is Roundabout Correct Solution? If No, Which Option Is Most Appropriate? Leave ]Yes Realign Returned Not Bike Parking Section Not West Survey Yes No Comments Im ortanl Important Comments Lane Lane As Is Comments Important Important Comments Yes No Comments No As Is Leg Other Comments Also eliminate blvd on east side; eliminate mailboxes and make it a walking route; have sidewalk at curb like on Benton Ave. Bike lanes would be better on quieter streets - even though Tracy is a direct route, the high volume of traffic makes bike X X X X riders a liability. X X X Y Y There is absolutely no cycling occurring,on Tracy Ave that warrants this kind of design and:expense..lf.l actually witnessed cyclists I would n With new, visible pedestrian crosswalks. This will vote otherwise, but this is an.awtul Bumpouts are not the stoparaff(c completely so children may safely cross waste of taxpayers money) I'd rather put my $ into my children's education solution town unsafe pedestrian envimment - the street withoGtahe fear of constantly moving traffic coming toward them and muftiple cross points to X X X X in Edina. X X enforced speed limit isi X X contend with. No sidewalk on west side. The I have lived here for 51 yearsl It is fine as is - leaven X X No bike lanesll X Very X X one on the east What is a bum pout? X X alone. Stop in to Jac k u the rtcel X X X X X X X X X X X X X Y Y Y .X X!. X X X X X We:a ree with, this proposal X X X X X X X X I do not understand'the X X X X X diagram. X X X X X X X X X y muff prope orrwes ng,a roundabout near an a emen ary s oo is Eliminate 4' of boulevard to side lose 4' when there is a 5' inviting disaster„ especially since existing intersection X X X accomplish 40' roadway section X I X boulevard which could be X X has been accident free. What are you thinking?? The current offset intersection forces drivers to be One half dozen bike commuters per aware, courteous, and respectful which inherently day, six months a year do not justify adds safety to this Intersection which Is necessary the added expense and heartache. near a school/playground. Installing a roundabout to There Is no official bike lane on either Increase N-S throughput endangers children who use Vernon (north end) or at the bridge the schoolgrounds after school, on weekends, and (south end). This would be a bike during summers when there would be no crossing lane for no reason. Striping the road guard. The focus of this intersection should be to create a shoulder should be plenty safety, not saving a couple minutes from someone's X X X X for a 30 mph zone. I X I I I X X I I commute. o not wan . o lose 4' off the front of my I'do not want to.lose 4' of my X X ard. X. X X X front yard. X X A roundabout is "s waste of reclous s cel Either leaving h as is or realigning west leg are better X X X X X X X Y Y options than roundabout. Kto16e &2601AdmhU)=%QueaUorvdrMTnazr Aveme Quedlomalre ToWatW42 idsm 2/162012 103 Data Entered By: Last Data Data Entered: Due Date: Questionnaires Sent Out Questionnaires Returned: Percent Returned: Data Checked By /Date: Dean Chamberlain 2- Feb -12 30-Jan-12 34 Questionnaire #2 29 Tracy Avenue Residents: Benton to Vernon 85% Andrew Plowman K101686- 2501AdminV)om%Questbm ai*Trwy Avenue OuesWb Ire Tabu -Asm 2/162012 2 of I. Roadway Roadway Com onents BentonfTracy Intersection Do you Agree Proposed is the Most Importance of Maintaining Parking Appropriate? East Side K you could Eliminate One Cross Section Item? Importance of Adding west side Sidewalk Are "Bum uts" an enhancement? Is Roundabout Correct Solution? If No, Which Option Is Most A pprop rtate? Leave Realign Returned Not Bike Parking Section Not West Survey Yes No Comments I Im rtant Important Comments Lane Lane As Is Comments Important Important Comments Yes No Comments Yes No As Is Leg Other Comments - -- - - - — _ Noaccidentwor pr o ems hn e: n erse on on - s 4 i t �- "asti38. a .[Kee 'sb s .. ; � X _ - . -: _ . __._ . ti5 -, -_, .�_ ._- .:.-- -___. ', . ___ -.._ _._._.. __ _ .--- �- -- -._: - -- - _- :._t_� ,r . -._.__ :r.w_ -.� w_�=- ..,.�_.:.,.... _„ .,,z.__- „..__, -_ X X The`fiitersecifon•oT�Tfa andBe'fori'cannottie?{ An enhanced crosswalk would still be a good idea. X X X X X X See the arrows drawn on X X _, : -- --- -- z - - ;7-'--7 - - — - — - - - - - .` { 1 { i 4 Tt } X .. .- Y. -.., .Y., „ Answered,Ma be .- t -_.X - _ :_ � _ f r_ ,..,�.- _ ., X r _ Y ; ,_�. i f o box selected for s roundabout corre sou ton option, but resident selected "Realign West Leg” X X • X X X X X X option, sp it is assumed the resident would select a j}5lC - - .. �, _ - YY{{ I X X X_ Loe'ihisdea: X X X X X X X X - ',. - ., ,. -.. , - __ ...- :. - - : -. _., _. -.. ,. .. ,._ a - i - !t - a., —. s• - - .. - - - -- e a eV 'so n , ; � ,, . ., :, < . ; " r; r i d'solutlon W tro th s Ink ago ngly - - , : -� ,_:r_ , ,S „:,_ X_, t�C 4 X' �Iso bl a la es a Jt•'. 1 e- us n re:irri -oitan . We, h In'kd - o lewill eat X X X X X X X X _ yyh do bike lanes 1 _ ` - have to. b8, 5.7 t l - -, boulevard ?Grass :: I. � s -i _ - .:. ;.: What;about utling:in,a sto Iig6t7 Wli tare wernof discussing 'nel r •,. ._- . .., - ,.does not. row welh _._ - 9_ _ - t streetJi hts for,a,more hborht3oil - . .. � _ .X the .. s re._ -.. ,:_wa_ 1 L X � _._._.r- X _._.,i - .� ,._..�,:.�.� - a - _�': ,X w X Y Y.' Y , e X X X X X X X Y:.. 11 ,- ..- ,. - .. - , .. :. �,— ... �...�. .... .., ..� - .. -•,:L 'r1 eave roa '. _ f' "_1 - '_1 --.. 'S ' "C �.1 1 o necessa av_e e 'Y - S-„ - : widfh as tt•ts. _.S ... -. .- ._ - , , t t ...,. o � , �, - i ,, 1 ,, c, been anY;Pedestrian > , - - I" X. L X t. +X Clj t rren I •X -S X ' X . '�l f a'ccitle "tst - i X X X X X X X X r ,; c , _._ =X. -.. -._. -__ . -_.. — ._. -__�. _.- .�_X__.. -..... _., __ _ __— _,__._.__ -_: X._.__a ..1 .__ �_ ____. C- ,Lu _1 t_.._�, .._f _:fX.. f- .,X..., '_i:♦ 'X i. If bike lanes are We have the most really safe - would "front yard" on out you, as a parent, block, so we defer want your child to to the neighbors bike to and from on our block. We school using these have a "high" front proposed bike yard - safety lanes? Will traffic measure would from Vernon round have to be taken [Also checked "Realign West Leg" and provided the comer slow so kids do not fall comment: "What do statistics say re: the safety enough so as not to off our yard to the I differences In the options ?'l X X hit kids on bikes? X Very important X sidewalk. X X Add'l comment: "Thank you for your work on thisl" K101686- 2501AdminV)om%Questbm ai*Trwy Avenue OuesWb Ire Tabu -Asm 2/162012 2 of I Data Entered By: Last Date Data Entered: Due Date: Questionnaires Sent Out: Questionnaires Returned: Percent Returned: Data Checked By /Date: Dean Chamberlain 2- Feb -12 30-Jan-12 34 Questionnaire #2 29 Tracy Avenue Residents: Benton to Vernon 85% Andrew Plowman Returned Survey I. Roadway Roadway Com onents BentonfTracy Intersection Do you Agree Proposed Is the Most Appropriate? Importance of Maintaining Parking East Side If you could Eliminate One Cross Section Item? Importance of Adding west side Sidewalk Are "Bum uts" an enhancement? Is Roundabout Correct Solution? Yes No Comments I Important Not Important Comments Bike Lane Parking Lane Leave Section As Is Comments Im rtant Not Im ortent Comments Yes No Comments Yes No If No, Which Option Is Most A ro riate? Comments As Is Realign West Leg Other X X X X X X I think the west side losing_4 feet Is little,compared to the est side already lost 10 feet. Sorry I was out of town for 2.5 weeks so I'm late X X X X X X X 29 Returned 9.5 18.5 14 15 14 9 5 3 24 14 10 10 18 8 10 Percent 34% 66% 46% 62% 50% 32% 18% 11% 89% 58% 42% 36% 64 °ro 44% 56% Total Answered 28 29 28 27 24 28 PercentofRetumed 1 97% 1 100% 1 97% 93% 83% 97% KW168$25MAdmfnU) %Quesdama4e %Trm Av eQueslbrn ft TabutWkN2#sm 2r16=12 3 of 01 OPINION OF PROBABLE COSTS TRACY AVENUE IMPROVEMENTS - 17 18 19 20 21 22 ilia Pqm: TRACY AVENUE P-jm Ciy,.fEb'.o ll'ss P.J,. ff... 16S6456 0- 2/"12 Oninion of Prnhahle Cost Item Number Dckrlltlm N.1s Unit Unit Peke PROD ECTTOTAL ROADWAY ROUNDABOUT ROUNDABOUT EQUIVALENT AREA STORM WATER SANITARY Fmi.picl d..fil Es.dnmlid Cult Fsllmnted E.11nt,,d Cwt F41I..ild' 41-ally Fill -led Cwt Eslfhniitcd .U16 Estimalcd C.t E.111-W . . Ill., Euf,:td C 611-1,d 0-lit Esil-ftd Cal Etf..td Qwnilty Estln=W C.111 717 2011.601 VIBRATION MONITORING AND CONDITION SURVEYS LUMP SU?61: 515.000.00 I sisim. I I SIS.ODD.00 21)21.501 MOBILIZATIOX LUNIP SUM 533.000.00 1.00 515.000. 0.61' 521350.00 0.08 51800.00 0.20 S7.00(1.00 . 0.07 1.450.00 0.040 51,400. 0) 1031.501 FIELD.OFFICE TYPE EACH 58.000.00 1.00 S8.0000 0.61 51.860.00 0.08 S640bi) 0.20 S1.600.00 0.07 S560.w 0.04 S320.0 1 2101-102 CLEARING TREE s1w.00 19 15. S3.0m.00 .4 .00 2101-107 GRUBBING TREE S125,00 19 1-473.0( 15 5I,875.00 4 5500.00 2104.501 REMOVE WATER SLAIN. LIN Fr. SHM, 500 o 500 SCOMM 2!600i REMOVE SEWER PIPE (STORM LINK 512.00 amma 1200 S14.400.(X) 2101.501 REMOVE SERER PIPE (SANITARY) LIN Fr 57.00 low 57XW.O( 100D 57.000. 00 2104303 REMOVE CONCRETE WALK' SQFr Sim 100D S1.00obc IODO $1.000-00 2104-00 REMOVE CONCRETE PAVEMENT 2j SQYD 55.00 10120 7200 516.000.00 1490 S7,400.110 1440 S7-100.00 2103305 REMOVE BITUMINOUS PAVEMENT SQ YD 52.00. SIX) ".ODDIX 500 S1.000.00 2103309 REMOVEHYDPANT, EACH SS00.OD -1 M151.00-01 5 57.000.00 21043M REMOVE GATE VALVE & ED,'< EACH S230.00 5 5 2104309 REMOVE DRAINAGE STRUCTURE 21 EACH 5150.00 12 51.800 .00 12 51,800.4) 2104309 REMOVE SIGN TYPE C . . EACH 525.00 15 S375- IS: S375.60 2104.311 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN Fr $5.00 L50 H-250.01) 250 S1.250.00 2104.513 SAMING BIT PAVEMENT (FULL DEPTH) LIN FT 52.50 60 SISO.OD 60 2101523 SALVAGEMAILBOXSLIPPORT 4- EACH S100.00 34 53.400.0( 34 S,7.400.W 2105.501 COMMON EXCAVATION (P) 10.11.12 CU YD 55.00 1740 58.7010( 1200 56.0011.00 270 51.350,00 270 51.35U.00 2105507 SUBGRADE EXCAVATION 1411,12 CUYD S7.00 960 547200 NO 31790.00 420 S2,94fLOD 2103.322 ISELECT GRANULAR BORROW (CV) 1.1 CU-YD S10.00 960 S9.600JX 540 S5.400.0n 420 S4.200.00 2105-525 TOPSOIL BORROW (CV) 14 CU YD Ss.0n 610 S0801K 330 S2.90rlm 160 S1280.(0 107 SFXO.OU 2ii2mi suBGRA.Dr PREPARATION Is ROADSTA 1 5300.00 26 S7.h'00.01 Is 55.40U.01) 4 SI.200.OU 4 $1-1m.130 221 I-sw K AGGREGATE BASE ACV) CLASS 5 (P) CUVD 522.00 2240 S49.21i() Isw 03.000.00 390 $8.3mon 350 57.700.10 2.101 -ID.1 CONCRETE PAVEMENT IRREGULAR WIDTH ?.V 17 SQYD $32.OD 160 S5. 12D 160 S5.120.UO 1101-511 STRUCTURAL CONCRETE 17 CUYD SIS0.0D 30 S4.$W.I)( 30 S4.5m.00 2301.529 REINFORCEMENT BARS (EPDXY COATED) POUND S4.OD 220 S11800 220 2301.602 1'1)0%%TLBAR EACH SRAD 150 5I.20011 15D 51.20010 -1360.5DI. TYPE SP 12.5 WEARING COURSE MIX (3.0 TON 5641.011 2300. S147.2W.O( 1500 596.00010 450. 52&800.00 350. 522.40010 2360502 TYPE SP 123 NON IYEAR COURSE MIX (3.BI TON 56010 1725 S103.5f0.01 1115 567.510.00 340 52440000 260 515.6011.00 250341 15* RC PIPE SEWER DES 3006 CL V LIN 17 WAD 800 524000.0c sno 520.000.00 254141 IW RC PIPE SERVER DIES 3006 LIN Fr S32.00 300 59.600.01 3nD 59.. 750341 24' RC PIPE SEWER DES IMS LIN Fr 532.00 150 57.EE01 15D. 541=00 2-%3-141 36' RC PIPE SEWER DES 3006 IAN PT S6EL00 100 5600.01 IOD S&82L00 403.6020 coNNEcTToExisnNGSTORM SEWER- EACH 5600.00 4 52400.O( 4 S2.400.00 2503311 lOr PVC PIPE SEWER LIN Fr 518.01) 1.000 SIS.000.01 I000 $18,000. 0c 2504.602 CONNECT TO EXISTING WATER MAIN EACH Sl=.ODI 4 51.01)0. OL 4 S4.000.00 2504.602 20 EACH S2.70000 6 516,200.01 6 $14200.00 2504.602 ADJUST GATE VALVE& BOX' EACH 5200.00 4 5600.01 4 5900.00 2503.602� 16' "'" 4'0' GATE VALVE AND BOX EACH SI.20D.00 6 S7.2000 6 S7.2MOD 25MAD2. SM'W2 21 12"GATE VALVE AND BOX EACH S2.101100. 4 $8.8010( 4 St"i 2504AD3 Or WATMIA IN DUCTILE IRON CL 52 LIN Fr S29.OD 50 $1.40D.O( so S1,400.00 2501.60.1 60' IT WATEFUJAIN DI:1CnLE IRO',CL52 LIN Fr, S40.OD 3w SI2.0w.0( 30D S12,01)(1.00 2504.609- DUCTILE IRON IFTTTINGS POUND 53.50 IODD S3-%OD.O( IODO S3.5w.00 2506.301 CONST DRAINAGE STRUCTURE TYPE CC-49 Is LIN Fr S250.00 90.00 S22-M(K 90 S22.500.00 -6 2506.501 CONST DRAINAGE STRUCTURE TYPE CC-66 Is LIN Fr, S.;SO.OD 25.00 SK75110( 23. 58.750.00. 2506.501 ICONST DRAINAGE STRUCTURE TYPE CC-78 I a LIN Fr S400.00 30.00 S12.000.0( .10 S 12.OD(LOD 25D6-516 CASTINOASSF-MBLY 10 EACH' S.W.00 20 S10.00D.0( 20 SIO.ODO.00 2506.603 COINSTRUCTSANITARY MANHOLES LIN FT. S.100.00 50 S[5.OW.(X so S15.000m, 232#-501 4" CONCRETE WALK SQ Fr S3JX) 4300 S12.90D.O( 2400 W.-M0.00 1600 S4.600.0D 300 S900.00 2331.501 CONCRETE CURB& GUTTER DESIGN B612 LIN FT $10.00 150 $1. m SI 2331-iDl CONCRETE CURB & GUTTER DESIGN 8618 LIN Fr $12.00 5000 S60,0W.(K sm S60.0(10.00 2531.501 CONCRETE CURB & GUTTER DESIGN 8660 LIN Fr 525.0) 1260 531,500.F( 1260 01,500.00 2531501 CONCRETE CURB & GUTTER DESIGN 5524 LIN FT 5I3.00 220 53,960bq 220 3196001) 2531307 C; CONCRETE DRIVEWAY PAVEMENT HE So YD' 560.00 301) 530.000.01 go 530,00.00 2571.662 CONC ENTRANCE NOSE DES 7113 EACH 5500.00 4 S2.0D0.01 4 51010.00 2531AI8 TRUNCATED DOMES SQ Fr S40.00 10 S15,400.01 100. 54.000.00 40 SI.600.00 10 S900.00 2340.001 TEMPORARYMAIL BOX SUPPORT 5 LUMPSUM 5500.00 I 5500 01 I S.%W.()O 140.602 INSTALL NAIL BOX SUPPORT 6 EACH S80.0D 36 SLmoc 36 S3.U0A 2563.601 JTRAFRCCONTROL LUMPSUM I SIO.000.00 I LAD SI0000.01 0.61 56.100.00 CLOS 5E00.001 0120 52.000.00 0.07 5700.00 0.04 SZ.-Orj 2561.531 p7AN UYPE E SQ Fr 530.00 400,00 Sl!.OnO. 2E.0) 17".0 Iw- &IM.('O so 51.50DOU 2564531 S. jA TM R F. ! SQ Fr S Q.00 64.0 s 560- m 64 52560.00 3573302 [SILT FENCE. TI' PE MACHINE SLICED LIN Fr I 5200 1 300 1 S1,000.211 500. 1 2573530 ISTORM DRAIN INLET PROTECTION EACH I 529100 I is 1 541500-al 1 1 19 I scimou Page I K101 GW.25MOu3M*Prelimimiy\Engineers_Estimate(PreRm),xlsx Parking Survey of Tracy Avenue (Vernon to Gleason) Date Time Information 11/28/2011 900 No Cars 1200 No Cars 11/30/2011 1000 No Cars 12/2/2011 900 Car parked @ 5629 1000 No Cars 12/6/2011 900 No Cars 1130 No Cars 1300 No Cars 12/7/2011 930 No Cars 1130 Car Parked @ 5617 12/8/2011 1000 No Cars 12/9/2011 1000 No Cars 12/12/2011 900 No Cars 1330 Car Parked @ 5605 12/13/2011 930 No Cars 12/14/2011 800 Car Parked @ 5617 1000 No Cars 1300 No Cars 12/15/2011 900 No Cars 940 No Cars 1300 No Cars 12/16/2011 910 No Cars 1130 No Cars 12/19/2011 920 Car Parked @ 5821 1250 Cars Parked @ 5813 & 5617 12/20/2011 1320 Car Parked @ 5825 1530 No Cars 12/21/2011 905 Car Parked @ 5617 1300 No Cars By: Byron Theis Modified on 2/14/2012 G. \Engineering \Infrastructure \Streets \Trafflc \TRAFF STUDIES \2012 \Tracy Ave Parking.xlsx 12/22/2011 920 Car Parked @ 5617 1515 No Cars 12/23/2011 915 No Cars 12/27/2011 1030 No Cars. 12/28/2011 930 No Cars 1515 ; No Cars 12/29/2011 935 2 Cars Parked @ 5617 1045 Car Parked -@5617 1150 Car Parked' @5617 &5825 1350 No,Cars 1500 No Cars .12/30/2011 830 Car Parked @ 5825 1/4/2012 1000 No Cars 1300 No Cars 1530 No Cars 1/5/2012 1045 No Cars 1330 No Cars 1/6/2012 1000 No Cars 1/10/2012 920 No Cars 1/11/2012 1000 No Cars 1330 No Cars 1520 No Cars 1/12/2012 920 Car Parked @ School 1000 No Cars 1300 No Cars 1/18/2012 1230 Two Cars Parked @ 5605 1/20/2012 900 Two Cars Parked @ School By: Byron Theis Modified on 2/14/2012 G: \Engineering\ Infrastructure \Streets \TrafFlc \TRAFF STUDIES \2012 \Tracy Ave Parking.xlsx i DI/RDE£RO VERNW AVP S 5601 5 06 9 5B0f 6600 SSd 5600 5604 24 5690 57215717 713 5605 5604 5604 5608 5608 r--r 5801 I .0 24 ,6613 - 710 570 5612 580 5803 24 i AYYKES 24 1 5729 5604 5867 Hawke$ Lake 5712 5705 5701 581 6809 5725 5 1 617 6708 6813 58 1 i ? 5721 704 5700 5815 6621 �., n6817 6620 5625 ' 9717 RAWMDR 68! ' 5713 5804 5629 5709 7055701 5808 e r 681 pp� 580 5701 F r' 58f' 5005 5708 706 5700 5601 5600 5605 5604 5609 5608 3815 5612 5617 5616 5621 5620 5625 5624 5629 6628 5633 5632 5636 5616 5812 5608 5604 5646 Page 1 of 1 5604 5605 i 529 5608 5613 i 8609 56120 24"7 { 5516 5512 5508 5504 5616 5501 ! 5500 5505. 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See my answers below. I've also included a request from Bill Rogers that the neighborhood should also see. Wayne Houle, City Engineer . Y 952- 826 -0443 1 Fax 952 - 826-0392 y . WHoule @d.edina.mn.us I www.CityofEdina.com ` ..For Living, Learning, Raising Farnifies 6z. Doing Business We're a do.town ... working to make the healthy choice the easy choicel -_ From: Barbara Hoganson [ mailto :bacbarahoganson @comcast.net] Sent: Thursday, January 19, 2012 10:00 AM To: 'Jennifer; Wayne Houle; Karen M. Kurt; Jack Sullivan Subject: RE: ECNA Neighborhood /City Staff Communication Meeting "Held - Thank you! And one more thing that would.be very helpful is to have a Budget line item. What is the total cost of the project? What are residents paying directly, what are taxpayers paying through County taxes, state, etc. Number of residents paying, etc. Then it is easier for everyone to get their head around the project. I.guess we are just asking for project- milestones, and high -level project summary to frame it up for the residents. The Feasibil.ity Study covers what the costs and funding portions are. The funding other than the special assessments come from our local utility funds and from the Minnesota Gas Tax funds. Thanks, Barbara From: Barbara Hoganson [ma! Ito :barbarahoganson @comcast.netl Sent, Thursday, January 19, 2012 9:34 AM Tdi 'Jennifer' Cc: 'Wayne :Houle'; 'Karen M. Kurt; 'Jack Sullivan' Subject: RE: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! Thanks Jennifer. Then the, heading should read, Approval Meetings, Advisory Meetings, and any other. I don't really know all the'steps so.I put out a straw man to speak to, if we have the outline of the steps and dates that would be so. helpful. From: Jennifer jmailto :rjmeyovy(.5comcast.net1 Sent: Thursday, January 19, 2012 9:30 AM To: Barbara Hoganson Cc: Wayne Houle; Karen M. Kurt; Jack Sullivan Subject: Re: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! J Hi, Barbara. It would be helpful for the ETC to have this information also. One friendly`clarification: The ETC does not.have approval authority. Our role in street reconstruction projects is to review and comment. Our comments are advisory and may be presented in the form of a recommendation, but not as an approval: I think in the'past there was more,of a tendency to phrase recommendations as approvals, whichmay have caused some confusion about our role. This is something I have worked to clarify since becoming chair. Jennifer On Jan 19, 2012, at 8 :34 AM; Barbara Hoganson wrote:. . Wayne, As we all discussed at the meeting .with the .1 Staff and 1CNA, in the spirit of residents in the impacted Countryside Neighborhood wanting to learn more about the process, the decisions,`large tax ass.essments.that they :are being asked to pay, etc: It would be very helpful if you could direct us to'where to get a calendar of the important dates in one place;. meetings, decisions,,implerrientation, etc. to enable th.e Countryside neighborhood residents the advance notice to'schedule the meetings, and have time to lean more before they attend,a meeting, etc. We don't need•anything fancy just responses to our questions below would be perfect. There has also been requests for documentation and understand that will be available Friday. Who is the best contact at the City, and how much lead time should-we plan for when we make the requests. Also, it would be great if all this documentation can be scanned in and available on the City website so we.don't need to take City staff time. (e.g www.box.net is a good, safe, reasonably priced, document sharing tool that could be leveraged) The project web site can be found at http: / /www.cityofedina.com /Departments /L5 Construction Proiects TracyAvenue.htm 1. Tracy Ave Project a. Documentation,(is there a wayto scan and upload documentation) including residents feedback, reports -where do we get, who do we request from , b. Scheduled Meetings c. Approval Meetings L City Staff ii. ETC, other Boards or Commissions iii. Council d. Implementation e. Completion Date 2. Countryside Plat Area Streets (what streets are impacted right now). The project website can be found at http: / /www.citycifedina.com /Departments %L5 .constructionProiects Countryside BA385.htm . a. Documentation (is there a way to scan and upload documentation) including residents feedback, reports —where do we get, who do we request,from b. Scheduled Meetings c. Approval Meetings I. City Staff ii. ETC, other Boards or Commissions iii. Council d. Implementation 2 .l e. Completion Date 3. Interchange (Hw 62 +Tracy) We will be posting this shortly. So far we have only applied to MNDOT for funding for this project. a. Documentation (is there a way to scan and upload documentation) including application, reports, studies, approval of study, etc. b. Scheduled Meetings C. Approval Meetings !. City Staff !I. ETC, other Boards or Commissions iii. Council d. Implementation e. Completion Date 4. Web link for the other streets that are scheduled for road. rehab /updates over the next five years (city wide) Our website for all projects can be found at h_ttp : / /www.citvofedina.com /Departments /L4- 17a ConstructionProiects.htm . Thank you again! Barbara Hoganson 952 - 926=1763 From: Barbara Hoganson jma! Ito :barbarahoganson@comcast.net] Y Sent: Wednesday, January 18, 2012 5:46 PM To: 'Wayne Houle' Ccc 'Christine Henninger; 'Gordon V Johnson'; 'gjjohnson3 @comcast.net'; 'Kent Gravelle'; "Karen M. Kurt'; 'Susan'; Jbr620earthlink.net; 'Elizabeth.jensen @comcast.net; 'Julie appel@ hotma! I. com';'jstp!erre6005 @gmaii.com'; 'dke rzner @comcast.net; 'James Hovland'; 'Ann Swenson'; Jonibennett120c6mcast.nef; 'Mary Brindle'; Joshspraaue @edinarealty.com'; ''dmgyovy @comcast.net'; 'Scott Neal' Subject: RE: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! Thanks for the update Wayne. Yes, please send,a copy, or better yet, email a copy to those copied on this email, ECNA Steering Committee. From: Wayne Houle fmailto:WHoule@ci.edina.mn.usl Sent: Wednesday, January 18, 2012 5:21 PM To: Barbara Hoganson Cc: Christine' Henninger; .Gordon V Johnson; gjjohnson3@comcast.net; Kent Gravelle; Karen M. Kurt; Susan; jbr626earthl!nk.net; Eliza beth.jensen(a comcast.net; Julie appel@hotma!I.com; jstp lerre6005 @gmall.com;dkerzner @comcast .net; James Hovland; Ann Swenson; jonibennettl2 @comcast.net; Mary Brindle; joshspraaue @edinarealty.com; rimeyow@comcast.net; Scott Neal Subject: RE: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! Barbara: I understand'there might have been a miscommunication on the date that the Edina Transportation Commission (ETC) is reviewing the Tracy Avenue Project. Staff is planning to present the Tracy Avenue project at the February 16 ETC meeting. We are planning to send out the second questionnaire either tomorrow or Friday. We will include all of the properties along Tracy Avenue from Vernon Avenue to TH62; we will also send you a copy so that you can distribute to the ECNA if you would like. Please let me know if you have any questions. Thanks Wayne Houle, City Engineer /Director of Public Works <ima e001. 952 -826 -04431 Fax 952 -826 -0392 g WHoule(cDcl.edina.mn.us I www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business We're a do.town ... working to make the healthy choice the easy choicel From: Karen M. Kurt Sent: Friday, January 13, 2012 4:01 PM To: Barbara Hoganson; Cary Teague; John Kepr!os; Scott Neal; Steve Kirchman; Wayne Houle Cc: 'Christine Henninger'; 'Gordon V Johnson'; giiohnson3@comcast.net; 'Kent Gravelle'; 'Susan'; jbr62 @earthlink.net; Elizabeth.jensen @ comcast.net; Julie appeWhotmail.com; jstplerre6005 @gmail.com;dkerzne r@comcast.net; 'James Hovland'; 'Ann Swenson'; jonibennett12 @comcast.net; 'Mary Brindle'; joshsprague@edinarealty.com Subject: RE: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! Thank you Barbara. You were a well — organized and gracious meeting facilitator. It was wonderful to meet everyone and a very productive meetingl As we discussed on the phone, it will be challenging for us to each individually create and maintain a group email list. Even using the outlook grouping function, the addresses embedded must be kept up to date ... and as our neighborhood association list grows this could be quite a task! We-will continue to use you as the main contact for the time being. As we begin to work with our new website software, we will also look at what additional options, such as "city extra ", might assist us in communication effectively and efficiently. (Maybe we can test some ideas with your association...) Have a good weekend. Karen Kurt, Assistant City Manager <lma e001. fy 952 - 826 -04151 Fax 952 - 826 -0390 g Murt ancl.edina.mn.us I www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business We're a do.town ... working to make the healthy choice the easy cholcel From: Barbara Hoganson [ mailto :barbarahoganson @comcast.net1 Sent: Friday, January 13, 20128:43 AM To: Cary Teague; John Keprios; Scott Neal; Steve Kirchman; Wayne Houle; Karen M. Kurt Cc: 'Christine Henninger'; 'Gordon V Johnson'; gjjohnson3 @comcast.net; 'Kent Gravelle'; 'Susan'; jbr62 @earthlink.net: Elizabeth.jensen @ comcast.net; julie appeWhotmail.com; jstp!erre6005@gma!I.com;dkerzne r@comcast.net; 'James Hovland'; 'Ann Swenson'; jonibennettl2 @comcast.net; 'Mary Brindle'; joshsprague @edinarealty.com Subject: ECNA Neighborhood /City Staff Communication Meeting Held - Thank you! Thank you again Karen for setting up our first meeting. - It was very helpful and appreciated by the ECNAI We look forward to working together with the City Staff. Scott, Karen, Wayne, John, Carey, (Also, we look forward to working with Steve Kirchman, Chief Building Official too). I have also copied the City Council so they can be updated on the City and ECNXs progress. 4 Thank you again for meeting with the Edina Countryside Neighborhood Association (ECNA) Steering Committee. We really appreciate your time, ,your openness, and ideas to improve communication between the.City Staff and'ECNA. We look forward to receiving more timely communications from City Staff on matters that.impact our Neighborhood of which is designed to allow impacted residents /neighborhood the time needed to weigh in more effectively. We want'the communication process for City Staff to be easy, so let us know how we can best support an efficient two way communication process. We'understand we will all work.togetherto come up with a good process as this is-new for all <of us. Also, if we can provide any further assistance to the City Staff or other Neighborhoods as it relates to setting up: Neighborhood Associations please let us know how we may assist. We are usingbox.net to keep track of all our templates, minutes, etc. so we can share the step by step used if that is helpful.to'others interested in setting up a Neighborhood Assn. The Edina Morningside Assn. was very helpful in providing-us direction and we also can also be a resource too. Just as a friendly reminder, the boundaries of our Neighborhood are indicated per the map attached. This area was voted on and approved by residents at our Annual Nov 7, 2011 Neighborhood Meeting. «,,,» Also, I have attached the ECNA Steering Committee Members for your reference. It would be very helpful going forward if all City Departments would please copy all of our Steering Committeeon matters that impact the Edina Countryside Neighborhood. As you know an easy way to do that is to create a group called, "ECNA Steering Committee" in Outlook so that when any matters, issues, etc. come up regarding our area, you just enter ECNA Group and our ten member or so Steering Committee will be automatically copied. In addition, I have also listed the ECNA Steering Committee Members below and their related roles for your information. The Steering Committee members assigned to specific roles will typically be the individual members that will.be contacting the respective City Staff positions for questions, updates, etc. Role No. Steering Committee Chair /Role Resident Phone Number For Residents to Reach You Email Address 1. Bylaw, Policies Chair Gordon.Johnson 952 - 925 -1016 480 - 837 -1828 giiohnson3 @comcast.net gordon.iohnsonl @ cox.net: 2 Secretary Kent Gravelle 952 - 922 -8596 kentgravelle@sravellelaw.com 3 Voting Chair Susan Petersen 952- 927 -6200 sPetersen55436 @smail.com 4 Delivery of Flyer Chair for 2012 Bill Rodgers 952 - 927 -9421 ibr620earthlink.net 5 Fundraiser Chair for 2012 Steering Committee Interim 952 - 926 -1763 home 952 - 926- 9190 -office 612 - 590 -7189 cell Interim — barbarahoeanson @comcast.net 6. Treasurer Christine Henninger 952- 920 -1931 Chr .istine.Hennineer @genmiIIs.com 7. Facilitator /Liaison /Communication Chair - Steering Committee, City, Larger Group, etc. Barbara Hogarison 952 - 926 -1763 home 952 - 926 - 9190- office 612- 590 -7189 cell barbarahoeanson @comcastmet 8. Countryside Park Chair /Committee Elizabeth Jensen 952 - 922 -4337 612- 819 -0724 cell 952 - 920- 2626-office elizabeth.iensen@comcastmet Lharden@comcast.net 9. Annual WetingPlanner Chair John St. Pierre 952- 929 -0175 istpierre60050email.com 10. Meet and Greet Chair Dot Kerzner 952- 928 -9431 952 - 848 -4959 office 952- 221 -1893 cell , dkerzner @comcast.net 11. Development Projects Chair John St. Pierre 952 -929 -0175 istpierre6005 @email.com 12. Traffic and Safety Chair Julie'Appel 952 - 210 -9885 iulie appel@hotmail.com 13. Parking and Road Repair Chair Susan Petersen 952- 927 -6200 spetersen554360email.com '14. Steering Committee Recruitment Chair Steering Committee Interim 952 - 926 -1763 home 952 - 926 - 9190 - office 612- 590 -7189 cell Interim — barbarahoeanson@comcast.net 6 Again, we all look forward to working together for better outcomes! Barbara Hoganson ECNA Steering Committee Member - - - -- Original Appointment-- - From: Barbara Hoganson fmailto :barbarahoganson(a)comcast.net] Sent: Monday, December 05, 2011 5:41, PM To: Barbara Hoganson; 'Christine Henninger'; 'Gordon V Johnson'; 'gjjohnson3(@comcast.net; 'Kent Gravelle'; 'Susan';. Jbr62 @earthlink.net'; 'Elizabeth.jensen (dcomcast.net; 'Julie appel(�bhotmail.com'; stpierre6005(a)amaii.com'; 'dke rzner0)comcast net'; kkurt@ci.edina.mmus Cc: 'John St. Pierre'; 'Cary Teague'; 'John Ke.prios'; 'Scott Neal' Subject: ECNA Neighborhood /City Staff Communication. Meeting When: Thursday, January 12, 2012 4:00 PM -5:30 PM (GMT- 06:00) Central Time (US & Canada). Where: City hall - Community Room on the second floor. Thanks Karen. We look forward to meeting with you and the City Staff. I thought it would be helpful if included the Agenda topics of interest below too. As you know, we have some big things coming to our neighborhood where residents would like more information to help them better understand the City's.Plan to.better weigh in. We look forward to working more closely with City Staff in. a proactive and timely fashion to ensure better outcomes for all. 1. Significant Upgrade to Countryside Park — John.Keprios looking for resident input,.for Playground equipment and Warming.House — this will move forward when Park Dedication Fee is received 2. Tracy Avenue roads to be upgraded, what is the cost to taxpayers on Tracy, what is width, etc. 3. Other Road Repairs on designated Countryside Area Streets -East if Tracy, questions as to width, and special assessments 4. The Senior Development Project S. Traffic and Safety on Tracy now 6. Traffic and Safety with all of this going on z 7. Parking 8. Managing all of this activity at the same time 9. Anything else that the City is aware of that the Neighborhood should know Other Topics from the Email sent to Scott and Karen on Sept 7, 2011. 10. Lessons Learned from development projects (questions from the public hearings) (see attachment) << File: 2011 - 08_03— Questions to City Council.pdf >> 11. Accountability of Development Projects during construction (e.g. Waters Project) Who from the City will make sure the.'City Staff holds, developer accountable? You ha'd indicated the City Inspectors would do. Is that true of 'all the questions below? a. Proof of Parking -29 spaces b. Same materials and colors c. Safety plan for flooding- Recommended by NMWSD and Hydrologist that signs be posted near flooding areas -Area subject to flooding during high rainstorm events. Who from the City will provide the approval of this plan? 12. Zoning integrity (having a code that all residents can clearly' rely on). What is the plan to have the zoning code codified so that it is fair to all? Including the reasonableness of a church which was given a conditional use permit to operate in an exclusive R -1 district; not paying any property taxes, have the ability to create a commercial establishment in a residential neighborhood. Is that fair and reasonable? 13. Neighborhood Associations or alternative city communications to impacted residents that are more fair and reasonable based upon scale of projects. — We all got,this one resolved created,Edina Countryside Neighborhood Assn. O Thank you! The'ECNA Steering Committee Respectfully, Barbara Hoganson barbarahoganson@comcast.net 952 - 926 -1763 h, 612- 590 -7189 c 8 Some of the questions and comments we are hearing from residents are as follows: 1. Why are we looking at road improvements now? We just don't have the extra money to support the changes. We have approved two educational referendums that will increase our taxes. The assessments are another tax that residents weren't prepared for. The existing pavement condition has deteriorated to a point where rehabilitation options are no longer viable. This roadway has been identified in the five year capital improvement program. The special assessment policy for designated Municipal State Aid projects is to special assess 20% of the project cost to the adjoining properties. 2. Is there any way to reduce the costs or delay,the costs until the job market and the economy improves? Many of the roads aren't.that bad and even if they are they have been that way for years. Why burden the homeowners with additional, taxes, fees, and assessments at a time when the economy is so uncertain? We feel that even with the down economy that this is a good time to improve our infrastructure due to competitive bidding and financing. If projects were delayed the costs will only increase in the future - this has been proven on many projects that have been delayed within the City of Edina. Also, the City has 250 miles of roadways, we are only improving about 5 miles per year, and over 50% of the roadways are more than 35 years old; at typical roadway will only last for about 30 years. 3. Is it possible to keep the width of Tracy at 36 feet? If the 8 -foot wide parking lane is not important can it be eliminated? This would eliminate the need to add 4 feet to the west side of Tracy. It appears that many residents still feel the parking lane is important, to some it is very important. If the parking lane is removed, it forces visitors to park on the side streets or park illegally in future bike lanes or thru lanes. Due to the long blocks between side streets, some walks may become dangerous especially due to the fact there is only a sidewalk on the east side. 4. Why do we need bike lanes? The majority of the residents along Tracy and in the neighborhood don't feel they are necessary. How much cost do they add to the project? There also seems to be a bigger risk putting people in harms way with a wider road and more traffic. People on Tracy and in the neighborhood, that bike, go down a side street. Instead of putting so much activity on Tracy, how about considering having bike lanes on Hansen or other side streets that are safer? Tracy Avenue is a primary route on the City's Comprehensive Bike Plan, which indicates the addition of on- street bike lanes when construction projects are scheduled. The additional cost is not as high as some people may think. The additional width of pavement over the 2200' adds approximately $50,000 in cost resulting in approximately $250 in additional assessments. 5. Why do a roundabout? Has this concept been tested out in other school zones in the city or country? We understand the cost is a bit lower doing a roundabout than straightening out Benton, however, safety is a question. There are several reasons for proposing a roundabout at the existing intersection. • Safety • Efficiency of Operations • Reduce Speed • Decrease Emissions © Improve Bus Operations Although there has not been a history of accidents at this intersection, there is a reason why intersections are not designed this way. From being on site several times when school lets out, I have seen near accidents and severe congestion and confusion. Roundabouts have been proven to be safe for pedestrians and motorists. Roundabouts have been proven to decrease accidents by 40% and injury accidents by 80 %. There are several case studies of roundabouts being placed near schools. The following link shows a case study in Wisconsin. The report indicates the same skepticism that we are hearing from some of the residents in the Countryside neighborhood. And, this is similar to what is heard around the country when roundabouts are proposed. But, the fact is, they do work and are safe. http:/4www. walkinginfo .org/12edsafe /casestudy.cfm ?CS NUM =49 The following link shows a roundabout in operation in Modesto, California which is near a school. Please watch the first video. http: / /www.modestogov.com/pwd/ transportation /streets /roundabouts/videos.asp We have added a link on the Tracy Avenue website dealing with roundabout myths. Please take special note to Myth #5, starting on page 9. htW://www.ci.edina.mn.us /Departments /L5 ConstructionProjects TracyAvenue.htm 6. We feel the City of Edina needs to look at the costs of projects and treat them the way a family would. What do we want versus what do we need? If all we need is to improve the roads and infrastructure fine. If we want bike lanes, parking lanes, roundabouts and sidewalks, but can do without them then just spend enough to take care of the needs. There may be more innovation through time of more cost effective ways to improve roads. When people in the area do not want or need upgrades, they are the people paying the bills and their input should be strongly valued. First off, we do strongly value the input of the residents. We wouldn't be sending out multiple mailings and having information meetings if we didn't. The opinions of the residents have to be weighed with what we believe is safe and appropriate in our engineering judgment and the vision of the City Council. 7. Having passed this philosophy on to you can you provide some costs so residents can make better decisions when filling in your questionnaire? The cost comparison is more complicated than simply filling in what certain things cost. For instance, with anything you do you have remove pavement of the entire road, perform subgrade preparations, have traffic control etc. The easier way to compare things is comparing a 40' section versus a 36' section. The following two tables show the anticipated cost of the proposed section and if we replaced exactly what was out there the 36' section . PROJECT COSTS 36' O tion Item City Utility State Aid Cost Special Assessment Roadwa - Roadway $446,200.00 $111,600.00 - Roundabout Area $165,400.00 $ 19,900.00 Roadway Total: $611,600.00 $131,500.00 Utilities - Storm $252,400.00 - Water $ 86,800.00 - sanitary $ 55,500.00 Utilities Total: $3941700.00 TOTAL PROJECT COST $ 1,137,800.00 PROJECT, COSTS, Pro osed_Section Item City Utility 'State Aid Cost Special Assessment Roadway - Roadway $4851600.00 $121,400:00 - Roundabout,Area $165,400.00 $ 20,000.00 Roadway Total: $651,000.00 '$141,400.00 Utilities - Storm $240,500.00 - Water '$' 86,800.00 - Sanitary $.54,800.00 Utilities Total: $382,400.00 TOTAL PROJECT COST:- $ 1,174,500.00 • What is the cost of the roundabout? •, What is the cost of straightening out Benton and making the intersection match up? • What is the cost of the Moot wide parking lane? • What is the cost of two 5 -foot wide bike lanes? • What is the cost of a 5 -foot wide sidewalk and 5 foot wide buffer lane? • What is the cost of the proposed bump -outs and enhanced crosswalks? • What is the cost of adding 4 feet to the width of Tracy? 8. I have one final question. If this were your money what would you do? I would do what is appropriate in terms of safety and operations. Bill Rodgers - jbr620earthlink.net -952- 927 -9421 6100 Arbour Lane - Edina, MN 55436 0 Wayne Houle To: 'Bill Rodgers' Cc: baebarahoganson @comcast.net; Andrew Plowman (APlowman @wsbeng.com) Subject: FW: Tracy Bike Lanes Bill: See my response to your questions below: r�. Wayne Houle, City Engineer 952- 826 -04431 Fax 952 - 826 -0392 i $ s WHoule@cl.edlna.mn.w I www.CityofEdina.com ...For Living, Learning, Raising Families & Doing Business We're a do.town ....working to make the healthy choice the easy choice) From: Lynette Biunno Sent: Monday, January 30, 2012 8:40 AM To: Scott Neal; Wayne Houle Cc: Susan Howl Subject: FW: Tracy. Bike Lanes Hi there, . This message has been forwarded to the Mayor and Council members, Scott Neal and Wayne Houle. Lynette Biunno, Receptionist 952-927-88611 Fax 952 =826 -0389 . IbiunnoAcLedina.mmus I www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business We're a do.town ... workina to make the healthv choice the easv choice! From: Judith Rodgers .jmailto:jbr62(aearthl ink. net Sent: Friday, January 27, 2012 10:52 AM To: Lynette Biunno Cc: Barbara Hoganson Subject: Tracy Bike Lanes Hi Lynette, I feel like I am asking a lot of you. Next time I get to City Hall I will look you up and introduce myself. Can you forward this message on to the attached list? Thanks so much for your help. ' Bill Rodgers Edina Mayor Edina City Council City Manager Engineering Department - 1 As I travel around Edina I have been paying attention to bike lanes and bike routes. Here are two examples: 1. Blake Road - As you enter Edina on Blake Road there is a green sign stating "Edina Shares the Road With Bicycles - Bike Route ". The bike lane is about two feet wide right up against a metal guard rail. As you make a right onto Blake Road there is no lane for bikes at all until you get down the road about 1/2 a mile. The bike lanes then vary from 36" to 59 ". You are correct on the bike lanes for Blake Road and Interlachen Road —these are substandard bike lanes. The thought process is to make the vehicle drivers aware that bicycles exist along this stretch of roadway. The curve are of Blake and Interlachen is scheduled to be widen in the future to accommodate bicycles —for now we have signed this area as a "Share the Road" area. The City Council has adopted a comprehensive bicycle plan which staff is trying to "fit" these facilities into existing roadways and accommodate them on reconstructed roadways. 2. .West 44th Street - As you cross France heading west on 44Th Street there is another green sign indicating that there is a bike lane. This Street was also just rehabilitated, It is not as wide as Tracy Ave, there are no (0) bike lanes indicated. Bicycle lanes were discussed with the public during the design of this project. However, due to the historic stand of trees along the roadway the design did not include designated bike lanes. Staff is awaiting word from MNDOT to see if we can stripe the roadway with advisory bike lanes, which would include no centerline stripe. This technique was applied in Minneapolis last summer with special. permission from Federal Highways. Since bike lanes were not striped along West 44th Street we have and will be signing the roadway as a "Share the Road" with bike route signs that follow the City's comprehensive plan. These are just two examples of bike route/lanes that are different from what is being considered for the Countryside Neighborhood. I can give several more examples. My point is why is the Countryside Neighborhood being required to provide 5 -foot wide bike lanes when other neighborhoods are not held to these same standards? I have nothing against sharing the road with bikes. I just don't feel that we need to have to pay for an additional 10 feet of pavement dedicated to bikes. They need to share the road with us. Please review the Feasibility Study. We have addressed the costs of bike lanes within the study. My vote is to eliminate the Bike lanes on Tracy. That will reduce the width of the street and the cost of the project. I believe that will be the opinion shared on the questionnaire you sent to residents. Can you honor what residents really feel is fair? Bikes can still share the road on Tracy. The city can still put up signage indicating a bike route on Tracy Avenue. However, the safest option would be to take the bike route to a safer route such as Hansen Road to Valley View or down Vernon to OIinger. Transportation Planners have found that bicyclists will take the shortest route and I believe that is how the Bike Edina Task Force looked at the system when they laid out the bike routes. A question that needs to be asked is how many bikes are licensed in the city of Edina. And how many cars and motorcycles are licensed in Edina. Can you share this information with me? Engineering does not have that information — I'm not sure if we can gather the information from our Police .Department or Motor Vehicle Department, but will check on it. Thanks again for listening. Bill Rodgers 6100 Arbour Lane M1 Edina, MN 55436 952- 927 -9421 ibr62@darthlink.net 3 OPINION OF PROBABLE COSTS TRACY AVENUE IMPROVEMENTS T,- 17 Is 19 20 21 22 hu p-jec'; TRACY AVENUE Proje. CilyofEdina lVS8 PwIert A'o.: 1686-2" Dw, 711.1/2012 Oninion of Prnhqhlp. rn.qt Ilem Nuamber Des"llpil.- N.10 U.11 Unit Price PR04ECT TOTAL ROADWAY ROUNDABOUT ROUNDABOUT EQUIVALENT AREA STORM WATER SANITARY Esda-led Quartilly Evilautcl C.t E,11-:,d Quam ly F.11-1,41 C.1 Esti-lcd Quality Esll-letl C.1 _ Esllmted Q-111y Ftf-[,d C.( Estl=ted Quanilly coil Fii..t,d Omnfity F.6-ted Com Ed-td Qu.nilly E'll-1,41 Cost 2573.602 TrAIPOPARY ROCK CONSTRUCTION ENTRANCE EACH Si.000-OD 6 56,000.00 6 2513505 SODDING TYPE SALT RESISTANT SQYD 53.00 6100 518,300jq 500II -5400D.00 515.00100 600 51A00.00 Soo s1,5w.00 2582301 PAVT NMG (LANE) POLY PREr-GRIN EACH S50D.00 6 53.0011 AX 6 slowmoo 2582.501 PAVT NISSO (THRU ARROW) POLY PP.EF-GR IN EACH ssoom 6 53.0011.0( 6 53.0()0.00 2582.501 PAVT MSSG (BIKE SYMBOL) POLY PREF-GR IN 22 EACH 5509.00 6 51.000.11 6 S.3.ODO.00 2581501 PAVT hlSSG (YIELD) EPDXY EACH S150.00 4 5600.0( 4 560100 I 2592302 4*S0LJDUNC%%$M-FPo'XYL LIN Fr $0.50 7000 53.500A 540D 52700.00 400 52moo 120D 5600.00 2582302 24"DOTTED LINE WHITE -EPDXY LIN Fr 56.75 72 5486A 72 5496.00 25SL502 4"S0111) LINE YELLOW -EPDXY LIN Fr $0.50 60, $30.01 60 530.00 2581302 DOUBLE jLD0 SOLID LINE YEU0%V-EMXY 50.75 !OD 51.350.00 200 5150.00 400 sloo.00 2582.618 .0 S S ",.KING SPECIAL Fr S15.00 -2 511.500.00 1400 521.000.00 700 sto.qn.00 CONSTRUCTION TOTALI I I I $895,256.00i $466,320-00 $128446.00 $76,590.00_ $193,610.60 $66,760.00 Paget K.Wi 686-25MOuantitAP(effmhmrAEnginsers_Estimate(Prefim).xlsx OPINION OF PROBABLE COSTS TRACY AVENUE IMPROVEMENTS 17 18 20 21 22 ItSBP j : TRACY AVENUE Pnjrr(f4rmino: Cn•a6Edina 11158 P"'jecl,A'o.: 1636 -250 D,rrl 2/1312012 Opinion of Probable Cost Item N-W Dctrrl Ilan Notes Unit Unfl Prke PROJECT TOTAL. ROADWAY REALIGN \TENT STORM WATER SANITARY E511vnted Quantity E tCi.7 led Cml Fstimilad Qoantil7 Estimated Cw Filumted uanilly Estimated Cast Fs16mted QuamltT Esllmaled Cog Fstinnted rnntfle Fs(im hd Coll Fst'muted Qaanttt Y Fstimaled Cwt 2011.601 VIBRATIONMONITORING AND CONDITION SURVEYS LUMPSUM SIS.000.OD I S15.00D.Oq I 515,000.00 2021.501 MOBILIZATION. - -LUMP SUS( - S35,0p(L00 1.00. &15.000.0( 0.69'- - S24,150.OD - - 0.2D 57.ODD.00 0.07. S3.450 00 51.400. 51.400.0V 203LS01 FIELD OFFICE TYPED EACH S8.OD0.00 � I 4$000. 0.69 3.5.520.00 � 0.201 SI.600.00 0.07 &5600 ODi 5320. 2101.502 CLEARING TREE 5200.OD 23 S4.600. 15. S7,000.00 8 51,600.00 2101.507 - GRUBBING - _ TREE 5115,00 23 S2.875.01 IS SI.875.00 8 51,000.00 2101.501 REMOVE WATERMAIN - LIN FT I 58.00 SOD S4.Ow.O(4 500 S4.000.00 2101.501 REMOVESE \5'ERPIPEISTOP \1) LINFT S12.00 1200 S14.40D. 1200 S14.40D.00 2104.501 REMOVE SEINER PIPE (SANITARY) LIN FT 57.00 10001 S10000 IODO S7.000. 2101.503 REMOVE CONCRETE WALK SQ FT 51.00 !WO SLWO. 1000 SI.000.00 21101.505 REMOVE CONCRETE PAVEMENT 2.3 SQ YD - 5500 , 9000' S45.ODD 72DD 1 536.000.00 1800 59.000.00 1 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD, 52.00 800 51.6OD. SOD SI.600.00 2101509 REMOVE HYDRANT EACH 5800.00 5 5,000. 5 53.0(10.00 2101509 REMOVE GATE V,LLVE& BOX EACH S230.OD 5' S1915D. 5 51,150.00 2101509 REMOVE DRAINAGE STRICTURE 1 21 EACH 5150.00 12 51,800. 01 12 51.800.00 2104.509. REMOVE SIGN TYPE C. - ..E \CH. S25.00 15. S37S. 15 5375.00 2104.511 SAWING CONCRETE PAVE6IENT(FULL DEPTH) - LIN FT' 55.00 250 $1.250. 250 SL80.00 . 2101513 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT' 5250 120 5300. 120 5300.(10 2104523 S,LLVAGEMAIL BOX SUPPORT 3 EACH 5100.00 34 S3,40D.IX 34 53,400.00 2105.511 COMMONEXCAVATION(P). . 10.11,12 CU YD 55.00 MOB S9.000. 120 S(i ODO.00, 605 &1.000 00 2105.507 SUBGRADE EXCAVATION - 10.11.12 CUYD $7.00 1340 59380. 540 51,780.00 SU7 SSAWDO 2105.522 SELECT GRANLLVt BORROW ACV) 13 CU 1'D SIBOD 1.330 513,300. 530 - - S5,30(100- 800 SS,OOB OD 2105.523 C0516fON 00(1(1000 (CV) CU YD &S.OD 4 D S2,ODO. 40D 52.000.00 210552.5 - TOPSOIL BORROW (CV) 14. CU YD 58.00 510 510,90.0( 350 $2,800.00 160 SI 28000 2112.501 SUBGRADE PREPARATION - 15.. ROAD STA 5.300.00 22 564600.0(. IB 55.300.00 J S1 ,20D.00 2111.503 AGGREGATE BASE (CV) CLASS 5 (P) CU YD S22.OD 1940 S42.6801K 1500 533.000.00 330 59,6SOA 2301.503 CONCRETE PAVEMENT IRREGULAR WIDTH 7.0' 17 SQ YD 532.00 23015)1 STRUCTLR.LL CONCRETE 17 CUYD 5150.00 2301529 REINFORCEMENT BARS (EPDXY COATED) POUND, 57.00 , 2101.602, 11 DOWEL BAR EACH S8.00 2360501 TYPE SP 12.5 WEARING COURSE MIX (3.0 TON 561.00 21160 S131.840.00 1500 596.000.00 560 5.35.840.00 2360502 TYPE SP 12.5 NON SMEAR COURSE MIX 13.0) TON' 560.00 1515 592,700.000. 1125 $67500.00 320 525.200.00 2302.583 ORNAMENTAL METAL RAILING - - LIN FT S75.OD 80 - S61000. - - 80. 56.000.(10 2311.618 MODULM BLOCK RETAINING WALL SQ FT 536.00 IOOD 534(1)0. 10(X) 5.76.O00AU 250.531 I S' RC PIPE SEWER DES 3006 CL V LIN FT 525.00 ROO $20.000. 800 S2O.OD0.00 250.1.531 18' RC PIPE SEWER DES 3006 - LIN FT 532.00 300 59.600.0( 300 59.600.00 2.Sal.531 N' RC PIPE SEWER DES.,(" LIN IT , S32.00 150 S1,SW.O( .. 150 51,800.00 2501,541 36' RC PIPE SEWER DES 3006' LIN FT .568.0- 100 56.800.0( 100 56,800.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 5660.00 4 52,4000 4 52300.00 2501511 10' PVC PIPE SEWER LIN FT 518.00 1,000- S18,0000 1000 SI8.00DXO 2500,602 CONNECTTO EXISTING WATERMAIN EACH 51,000.00 4 S4,oO0.Ix 4 S4.ODO.00 2500.602 HYDRANT- 20 EACH 52.700.00 6 316200 . - 6 �. S16 ,200.OD 2501.602 ADJUST CATE VALVE &BOX EACH 5200.00 4 SSW. 4 58-.00 2501.602 W GATE VALVE AND BOX EACH $1,20D.00 6 57.200. 6 � S7r^ -.fIIl 2.5(14.602 12" GATE VALVE. AND BOX. EACH S220D.00 3 58,800. 4 58,800.00 25(0.6(11- 6' WATERMAIN DUCTILE IRON 0652 LIN FT,, 528.00. 50 SL400. 0( 50 S1.31O.OU 25W.603 12' WATERMAIN DUCTILE IRUN C1.52 LIN FT 51000 300 SI2.00D.00 300 512.000.00 2Sp66D8 DUCTILE IRON F17TINGS POUND S3.50 1000 S3.50(). - - IOW 53.500.00 2506-501 CONST DRAINAGE STRUCTURE TYPE CC43 I8 LIN FT 5250.00 90.00 S225110.0( 90 1 522300.00 2506.501 CONST DRAINAGE STRUCTURE TYPE CC-66 18. LIN FT 5350.00 25.00 $8.750. 25 58.750.00 _ 1506SU1 CONSTDRAINAGESTRULTLRETYPCCC -78 - -- 18. LIN FT 5100.00 30.00 .. 512,000. - - 30 .5120(10.00 2506516 CASTING' ASSEMBLY 18 EACH $500.00 20 SI0.000. 20 510.000.00 25116.603 CONSTRUCT SANITARY MANHOLES LIN FT S30O.W 50- 515,0((1. 50 SV00(1 2521.501 31 CONCRETE WALK SQ FT 53.00 4400 51.3,200. 2300 S7.ZOO.Wj 2000 56,000.00 233!0501 CONCRETE CURB& G1ITTER DESIGN 8612' L1NFT SID.- ISO S1.500.0t ISO 51,5 -.(10 2531.501 CONCRETE CURB& GUTTFR DESIGN B619 LIN FT $12.00 5000 560.000.(( - 5000 SKOM_00 2531501 CONCRETE CURB d: GllfTEJt DESIGN 8660. LIN FT 525.06, 1260 531.5 1260 531.500.00 2531501 CONCRETE CURB &GUTTER DESIGN 5524. LIN FT 518,00 2531 507 6" CY)NCRE•TC DRIVEWAY PAVEMENT HE SQ YD 560.00 S00 530,000. SW 530.000.00 253!.602 CONC ENTRINCE NOSE DES 7113 EACH 5500.00 2531.618 TRUNCATED DOMES �. - 5Q FT S4 (100 130 55,600. 100 51.000.00 40 51,600.00 2300.!01 TEMPORARY MAIL BOX SUPPORT 5 LUMPSUM 5500.00 I SS00.OI 1 wow 2530.602 INSTALL MAIL BOX SUPPORT 6 EACH SSO.00 36 52.8800 36 52.880.00 2563.601 TRAFFIC CONTROL LUMPSUM 510,0(00100 1.00 SIO.OBO. 0.69 S6.9W.00j 0.20 S2.000,DDI 0.07 1 S700.001 0.01 5700. Page 1 K: \016B6.2501Guentiry\ Preliminary\Enginee rs_Eslimate(Realign).Xlsa * I OPINION OF PROBABLE COSTS TRACY AVENUE IMPROVEMENTS WSB P jea.- TRACY AVENUE is 20 21 22 P.j"t 1-vvi.. ChydFA" WSB ftva X., 16S6 250 D.I,.- 2/13po12 Opinion of Probable Cost Win Nund., De;MDlkn Notes lut Unit Price PROJECTTOTAL ROADWAY REALIGNMENT STORM WATER SANITARY Estin.ud ownfily Estimated' Cast. Estimated ovanift Eul—td Cast Estinmlyd Quantity: Fititated Cost Estimted Quantity FAIlmled Cm EW—W Quantity Eml—trd Cast Etl—f,d ounnafty Esti-10 Cart 2564.531 SIGN PANELS TYPE C SQ Fr S30.00 350.00 S10.500.00 250.00 S7-1W.0n 100 53.000.00 2564531 SIGN PANELS TYPE D SQ FT 540.00 2573-502 SILT PENCE TYPE MACHINE SLICED LIN FT 52,00 500 SIX10(1.01 500 S1,000.00 2573.530 STORM DRAIN ibLE-r PROTECTION --- EACH 5250.00 Is 57,50D.O( Is $4,500.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRAN 'CE EACH SI.000.00 S6.0D[).0( 6 S6.ODD.00 2575505 SODDING TYPE SALT RESISTANT SQ YD S10D 620) 5I8X1010( swo 515.000.00 120) 57.600.0D 2582501 PA%rr MSSG (LANE) POLY PREF-GR IN EACH 5500.OD 6 53.00WX P;ODMOD 2383501 PAVT MSSG (THRUARROA) POLY PREP-GR IN EACH I 5500.00 6 53.0010( 53,000.00 f 2582.501. PAVT MSSG (DIKE SYMBOL) POLY PREF-GR IN 22 EACH 5500.00 6 S3.ODO.O( 6 S3,000m 2592.501 PAVT NISSO (YIELD) EPDXY. EACH 5I50.00 2582501 4'SOLID LINE %%MTE-EPQXY LIN FT 50150 5900 S2,9D0 .0( 5.100 S-1700.00 4W 5200.00 2582.502 24* DOTTED LINE %VfflTE-EPDXY_ LIN FT 56.75 2582.502 4•.%ni.u)f.IN'FYP.LLQ%V.EPDXY LIN Fr 50450 2592302 4" DOUBLE SOLID LINE YELLO%V.EPQXY LIN Fr. SO.75 23M S'.'2'0' S1350.00 Soo S371& 2592.618 CROSSWALK MARKING SPECIAL SQ FT SI5.00 3500 S57,5w.o( -2'L"00 Ir S31"- 00 1400 521.(100.0) CONSTRUCTION TOTAL .. $950,085-00 si 68,480.00 i ileik, fig,6�50.0D� $66,760.00I 542,120.001 Page 2 KADI 688-25MuanlitykPrelimina*Engineers-Estimate(Realign).xlsx o Le tit� A g �y • fN�1 REQUEST FOR PURCHASE IN EXCESS OF $20,000 /CHANGE ORDER To: MAYOR AND COUNCIL Agenda Item No. IV. I. From: John Keprios, Director Park and Recreation Department Date: February 21, 2012 Subject: One Ton 4x4 Truck Chassis — Braemar Golf Course Date Bid Opened or Quote Received: Bid or Quote Expiration Date: January 26, 2012 February 26, 2012 Company Amount of Quote or Bid 1. Polar Chevrolet (Via State Contract Purchase) 1. $24,266.05 plus sales tax RECOMMENDED QUOTE OR BID: Polar Chevrolet $24,266.05 plus sales tax GENERAL INFORMATION: This is for purchase of the 2012 Chevrolet Silverado model C180 6.0 liter gas V8 4X4 one ton truck chassis which comes with a powertrain warranty of 5 years or 100,000 miles, whichever comes first. This vehicle is being purchased through the Minnesota State Contract #36174. This truck is used for hauling heavy materials and for plowing snow. This vehicle replaces a 2001 similar truck which is now 11 years old and will be sold at the public auction. This purchase is funded by the 2012 Braemar Maintenance Equipment Replacement Fund which is budgeted at $135,000 this year. This is the first purchase from this fund. If approved by City Council, the truck will delivered within 90 days. Edina Park and Recreation John Ke ri s, Director Department This Recommended bid is wit in budget not within budget J i ctor Et /[ Q•GGt�«,,/r� �sci• F^!�c++tE �1Q colt a anager o e 0 �l A�IR8P9U0 REPORPRECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV.J. From: Cary Teague Planning Director ® Action Discussion Information Date: February 21, 2012 Subject: Resolution No. 2012 -36 Lot Division at 4236 Lynn Avenue Deadline for a City Decision: March 28, 2012 ACTION REQUESTED: Adopt the attached Resolution approving the Lot Division. INFORMATION /BACKGROUND: Ms. Raun Nelson and Carol and Frank Sidell are requesting to shift the existing lot line that divides their property at 4236 Lynn Avenue. Planning Commission Recommendation: On February 8, 2012, the Planning Commission unanimously recommended approval of the Lot Division, subject to the findings and conditions set forth in the attached Planning Commission Staff Report. ATTACHMENTS: • Resolution 2012 -36 • Planning Commission Staff Report, February 8, 2012 • Minutes from the February 8, 2012 Edina Planning Commission meeting RESOLUTION NO.2012 -36 APPROVING A LOT DIVISION AT 4236 LYNN AVENUE WHEREAS, the following described tract of land is requested to be divided: City Of Edina DESCRIPTION OF PROPERTY SURVEYED Parcel A:, See attached Exhibit A Parcel B - 4236 Lynn Avenue: See attached - Exhibit A WHEREAS,, the owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called "parcels ") described as follows: Parcel A: See attached Exhibit B Parcel B - 4236 Lynn Avenue: See attached Exhibit B WHEREAS, the requested subdivision is authorized under Code Section 810 and it has been determined to comply with the Subdivision and Zoning Regulations of the City of Edina and do not interfere with the Subdivision and Zoning Regulations as contained in the Edina City Code Sections 810 and 850; NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, that the conveyance and ownership of the above described tracts of land as separate tracts of land are hereby approved and the' requirements and provisions. of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent: permitted under Code Sections 810 and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now waived for any other purpose or.as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels . unless made in compliance with the pertinent Ordinances of the City of Edina. Adopted this 21st day of February, 2012. ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor City Hall 952- 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 WW.W.CityofEdina.com TTY 952 - 826 -0379 RESOLUTION NO. 2012-36 Page Two STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2012. City Clerk Exhibit A EXISTING LEGAL DESCRIPTION: AAACEL A That part of the following described land: Lot 17; That part of. Lot 18 lying South of a line drawn from a point on the East line of said Lot 18, distant 66.27 feet South from the Northeast comer thereof, to a point on the West line of said Lot 18, distant 66.25 feet South from the Northwest corner thereof; said line being hereinafter referrer to as 'Line A', all in Block 3. 'Crocker do Crowell's First Addition'. All lying West of a line drawn from a point on the South line of said Lot 17. distant 86.0 feet West from the Southeast comer of said Lot 17, to a point on said 'Line A', distant 86.0 feet West' from the East line of said Lot 18. and That part of the vacated West Ave. adjoining Block 3. 'Crocker do Crowell's First Addition% lying between the extensions across it of the South line of said Lot 17, and the extension Westerly of said 'Line A'. Torrens Property Certificate No. 1132163 Hennepin County, Minnesota. ORCEL B Par 1: Lot 10, Block 3. "Crocker do Crowell's First Addition" Par 7- part of the following described land: Lot 17, That part of Lot 18 lying South of a line drawn from a point on the East line of said Lot 18, distant 66.27 feet South from the Northeast comer thereof. to a point on the West line of said Lot 18, distant 66.25 feet South from the Northwest comer thereof, said line being hereinafter referrer to as "Line A'; All lying East of a line drawn from a point on the South line of said Lot 17. distant 86.0 feet West from the Southeast corner of sold Lot 17, to a point on said "Line A', distant 86.0 feet West from the East line of sold Lot 18. All in Block 3. "Crocker & Crowell's First Addition'. Torrens Property Certificate No. 1083057 Hennepin County. Minnesota. Exhibit B PROPOSED SUBDIVISION LEGAL DESCRIPTIONS: PARCEL A: Lot 17. Block 3. Crocker & Crowell's First Addition, Hennepin County, Minnesota. That part of Lot 18 lying South of a line drawn from a point on the East line of said Lot 18, distant 66.27 feet .South from the Northeast corner thereof, to a point on the West line of said Lot 18, distant 66.25 feet South from the Northwest comer thereof; sold line being hereinafter referred to as Line A'; all in Block 3, Crocker & Crowell's First Addition, Hennepin County, Minnesota. That part of the vacated West. Avenue adjoining Block 3. Crocker & Crowell "s First Addition, lying between the westerly extension across it of the South line of said Lot 17, and the westerly extension of said "Line A'. a, PARCEL 8: Lot 10, Block 3. Crocker & Crowell's First Addition, Hennepin County. Minnesota. MINUTES CITY OF EDINA, MINNESOTA PLANNING COMMISSION CITY COUNCIL CHAMBERS February 8, 2012 7:00 P.M. Acting Cha\call the meeting of the Edina Planning CommissiortA6 order at 7:00 PM. s�v II. ROLL CA Answering ommissioners Scherer, Forre4�ySchroeder, Rock, Potts, Platteter, Cherkasskyr. .� Absent from the roll call were Meeting Agenda was approved as su IV. APPROVAL OF CONSENT ITEMS Commissioner Potts m Scherer seconded the No comme n and fir approval of the January , 2012, meeting minutes. Commissioner in. All voted aye; motion c tied. Acti Chair Carpenter suggested that the requested Lot Division for 4236 Lynn Avenue be h d at this time. VI. REPORTS /RECOMMENDATIONS 2012.0002.12a Lot Division Carl Nelson /Frank Sidell 4236 Lynn Avenue, Edina, MN Page 1 of 7 Planner Presentation Planner Teague informed the Commission that Raun Nelson and Carol & Frank Sidell are requesting to shift the existing lot line that divides their properties at 4236 Lynn Avenue. Continuig, Teague explained there is no new lot being created with the request, it is simply a shift in the rear lot lines to sell land to the adjacent property owner. Land owned by Carol & Frank Sidell, would gain additional land to be similar in depth to the lots also owned by Carol & Frank Sidell, to the north and south. The 4236 Lynn Avenue lot would be smaller in size, but similar in depth to the lots to the north and south. Planner Teague concluded that staff recommends that the City Council approve the Lot Division of 4236 Lynn Avenue and Parcel A as submitted on the proposed lot division date stamped January 30, 2011 subject to the following findings: 1. The existing and proposed lots meet all minimum lot size requirements. 2. The two lots involved in the lot division are larger than most lots within the neighborhood. Approval is also subject to the following conditions: 1. All building activity on either lot must comply with all minimum zoning ordinance standards. Motion Commissioner Fischer moved to recommend lot division approval based on staff findings and subject to staff conditions. Commissioner Scherer seconded the motion. All voted aye; motion carried. VII. 2011.0011.11A final Rezoning /PUD FMQ,,LILC {fig 6996 ceirenue, Edina, MN Planner Presentation Planner Teague infor , ed the Commission thatVqE 70, LLC is proposing to tear down the existing gas station at 699 rance Avenue and re -build aN260 square foot office /retail building. The Page 2 of 7 9tNA, �r o e PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague: February 8, 2012 2012.002.12a Director of Planning' INFORMATION & BACKGROUND Project Description, Raun Nelson and'Carol & Frank Sidell. are requesting to shift the existing lot line that divides their, properties at 4236 Lynn Avenue. (See the property location on pages Al— A4.) .There is no new lot being created with'the request, it is simply a shift in the rear lot lines to sell land to the adjacent property owner. (See the proposed lot divison on pages A5 -- A6.) Parcel A, owned by Carol & Frank Sidell; would gain additional land to be similar in depth to the. lots also owned by Carol & Frank Sidell, to the north and south. (See page A7.) The 4236 Lynn Avenue lot would be smaller in .size, but similar in depth to the lots to the north and south. (Seepages A6—A7.) Surrounding Land Uses The surrounding land uses are all single- family homes zoned and guided low - density residential. (See pages A3 —A4.) Existing Site Features The 4236 Lynn lot contains a' single- family residential home with. an attached garage,:a detached shed and gazebo. There are no alterations planned for the home at this time. Parcel A is vacant. (See page A4.) All of the properties to the. north and south of Parcel A are owned by Carol & Frank Sidell. (See page A7.) Access to and from Parcel A would be from Little Street or Morningside Road. (See page A7.) Planning 1 Guide Flan designation: Low- density residential Zoning: R =1, ,Single- family. residential Primary Issue • Is the proposed lot division reasonable? Yes. The resulting lot line shift does not create an additional lot. These lots are oversized compared to the neighborhood. (See page A3.) As demonstrated below, the proposed lots would still meet the minimum lot size requirements in the R -1 Zoning District. Minimum Lot Requirements Existing Parcel A Existing Parcel B Proposed Parcel A Proposed Parcel B Lot Area — 10,052 s.f. 17,920 s.f. 31,506 s.f. 29,420 s.f. 20,006 s.f. Lot Width — 50 feet 133 feet 100 feet 133 feet 1 100 feet Lot Depth —180 feet 134 feet* 286 feet 220 feet 1 200 feet *existing nonconforming condition Any new construction on these new lots would be subject to conformance with all of the City's rules and regulations regarding lot coverage, building height, setbacks and curb cuts. Staff Recommendation Recommend that the City Council approve the Lot Division of 4236 Lynn Avenue and Parcel A as submitted on the proposed lot division date stamped January 30, 2011. Approval is subject to the following findings: The existing and proposed lots meet all minimum lot size requirements. 2. The two lots involved in the lot division are larger than most lots within the neighborhood. Approval is subject to the following conditions: All building activity on either lot must comply with all minimum zoning ordinance standards. Deadline for a city decision: March 28, 2012 2 City of Edina -- - - ---_ -- - Legend Highlighted Feature House Number Ubels /001 1000 /001/000 ,10011000 1007 /ppp 1001(000 IOOJ (007 Street Nsme UDels 100740D7 J 2' J�OW ] B iapp5 /pp7 1007 coos- �<Of0y011 1008 X007 1006 City Umits /' (OfllOr2' 1015 N 40f�,10'w1110f0' V41'%, 12/6 N �. Creeks �O/Si/0fB_79T/ -1070 Lu!6� Lake Names Nf6- 10+970T8�01940 :5- 1071_1022 4021 - 4057 -I�0 -T bi740N �7j =~N00� IOSt r}4 24 1 } -1100 N t1D1 -102 �j c 4100 !! <fa NoJ -ita� 'rrB4 NoB� -• 7/ NOB 1101 -1111 1 Lskes Parcels 4115 24 10! I11J }12 21 4117 1110 2117 7' -11170 Meb1 ►rl 4766 /760 If21 1116 1117 X174 !. 4116 tSN 4500��/p 1/701/4121 4702 1200 1001 7917 -4 }2B S/7s 1202_,1109 4/06 4370_/70( I.k00 120o i 1000 106.71 14200 <H20f g 1)12 NI) 1.10517)11773 201,1134107 IpOt510073!1! 41>i1708� 7174203 N1O'N111201 420242- 4Mr�P915_�p9 17 42ps -gat} 42124t1fy2f 211 -4200 I 42pB --. 420B_�207- 4212-1709- 42/01214 1ISpg- 12161715 4210 t1J -I21S- 1/171)- It/T- a117 -/2f0� �'21 '214 2114213 228 17fa -Ina l 4201219 42N1717- 1270 - 1115--1 i215-Ntt a I� 1 7.17.4!32 /210�j 4224 21293 x4117 j118 X221 91227 -yP2r -1216 �2 K�121821 121 -47221770- I1227�NS x--12.11 221227-2 277422 42241213 -ZNi 2f_ 4tt51iii�1 I7so t 12274121 127 �2 127 -�--� �IJIM N 1731 -47}x771-- 7/};}- _.77D^� '/171.220 279 4i2. -I qOB 24 I2N 4SJS�F76 _I2�1132- (T44</2722— 4275• 177/712 71 4F 770 177812/ -� r-- 4SN- �112J3 11J6 237-4T7- 0--- -112J7-43 70 INO 1271727! 177 I�,1PM 241210(217- -�?'�= -YII11 1140 (711- �: II4J- 4212 - 1212-/24�2�---�---111 <215 =J2H� 4770 W12424 43101'TOB tPI F 42 I0-42IT��� /� 249 +,JAMS 1247 1232 H17 u}7 H0 J12/61209!/70)421J 20 11541 47 1701400Y 7911 ✓i H1f �1 '(147/1- t.Mrj1 N001f07J170Z� k1001 3B0! 0 4312 1206 /700�'' -6"' 2701 Iw7 793079203216 1✓ }�p x]07 f0 1217 tMB/200y707 NOB - / 4780 /72/� (1202 1112 �3081/711/7f0120(�,11J 10f0� I� ?O.ie ��71111pp WOd 4774 32 1 9 j2; II N 4 4303 4173 1207 1011 ��L4N 7I 78 /S 319 2/5 41j4�4 H/1 NO! 12134305 427 44_2�}42G 1221 -]913 212 3910! Nfi OS ��"17920 SBO/ 473125661171 `112 \ \41\ \2,(112 NPi 436113!0A /700119! 1w NO 1100 4 f - 4001, / 4121 0 Mp5-l'N70 H07 4001 .12 14 08 4706 / 4/1/11110 '--✓ NTe� ~� 12 0 I2 71-7' -12+}7 u 17 11212111711 �I 17 1t ,�,�;�,{`.�32ff /`N1/C �4= }1- 12r -��HZO �N Nf '10/]121} ISI1 577 71"�� X1'71 f9 �12214l1 11 ' 11! Yyi1� {yam 1200 �` 2 �+.. 4116- 779128017791378 / 7 120774 1125 417 1125%1171-1 40631012 ���471 70545 46M 504 18711 t50B 711 (600 160 78-7-11rt1 Xrt 42164216 Zoe v ., 4wl 1602 .�� zo :1270 I1 :'ILM lioi lee 128)4321363 /791 Owe N 4401.ti306 aoo 112f�1x7: Np8�2p041 ra X11 fps /1200 7471 !/f60J 4004 438743 BS -1 46pp /w3150+ 4!00% �r I 1000: I'46o71 .650_ 24 4501 {500, .�50/ 4300 43014116 Wl 12631081 O) z1!Q0B 462 :74 4 610 I4�ow: 4soJa �/sn 2<is:i nos- 7or�803�� �s11 NIwi�J00v 1wJis5 sw3 NDO �sof4sus 74 4soe 708 f ..._SS _ Iw2 Iw3 0�-- -1 Nf3167p- 4700 H05 4500 130J� 1 r750f15H1 1615 -4507 450 -1 -1700 4B/SN78 1301 1460( IS06 4w7 (607 t107� /w0 1(wt / 507�r -y t- "'i -151} r 1701 74 1 1 1 Iw1,Iw2 143071 l 15077506 4510431 -- �I51f r 1021 87B Nif -2 IO M 470)4805 wS1170( 1,209150/ �12t441 -4312' -N01�, Jw)1 1 577 1512'! f } 70714807 y0pp ISOSUw' 11507 �000� 1451145/ 151 /- /S15i5fB-IN11`451s'(817 -I ! STS 1701 4707/700 47071207 /709 _ N /306 �1309150BI I 11612 -151ST 17 x-1579 Ns =s+.a«nwa+lCw.q.ICI LOmca ]o0f 151] 1 _I r-T 555470.5 PID:0702824420097 . a • e��.�, @ 4236 Lynn Ave N Q t.• Edina, MN 55416 �p1JN � 4I City of Edina (113 ms Legend 1176 i :' a 4121 Hlgh ighted Feature 4121 I12p 1111 1110 > 4117 1111 r r House Number Labels � —�--�� Street Name Labels 15011502115010 4106 4444+7301721 I)OB /1 7014)00 II24 41151 f202 4M CITY Llml. IlIw 1711 Croaks JzMD S7 Lake Namea El (700 4201 44074200 I1T717f7137J IJ09 1701 42214217 a215 4203 20 42014113 Lakes 41w 4205 4303 444] 4!//4/09 Perks 4209 4211 4717 4217 42w 4209 Q01 1709 Parcel• +212 1211 (711 ¢ 12 r3 t116 4215 4116 4213 4212 4713 1116 4219 (110 1217 4220 /515 4113 4220 4223 4221 4219 4221 /216 41/7 4217 1124 1217 llle 1219 4719 1711 t716 <218 III} 4221 4728 4231 1 4231 4227 4129 4221 4211 +217 /115 4270 1213 4244 4215 4231 - -4227 /232 71 4777 4221 1227 1177 4234 ' 1279 1770 1129 4231 24 4271 4233 4236 4273 4131 4371 2( +235 1776 I137 +238 C 24 +778 4239 4240 l2Js 127 4234 1135 (2 39 4231 4279 4240 24 4247 +243 1247 1244 4245 4244 4241 1247 1242 4245 4140 1117 1408 1146 1247 (71074246 —4217--F-4246- 1247 1111 4400 1350 4308 1748 1219 4409 X200 4111 110 61D9MdGSne RD 4501 44174415 i Nil 4711/309 +305 4301 112. +201 +706 4303++117 44094405440343174315 (1141113 41/75171/ 4312 1705 4401 006 '318 1707 13061301 uoo I307 4324 +]� 17121310 4304 421442104209/209 4707 4311 4108 4312 +330 +715 11084406 4402 1714 IS06 (200 4409 4344 44 70 4400 1217 ARM Yr 1)1434 1 470543o743014215 +213 (71 4 42054324 171s 40fB 4107 4344 4411, 431f 307 4718 41094401' "of 4313 '1103 1751 IM 4112+1 +T� t 4356 4/+122 4360 1361 m 436 y-lfto 407/4403 "dd 4365 Q100 4191 41604130 4208 1 A00 /B8 1}84 1171 rrheus cmi.y.�c�'.oas assns 4770 +0921 4406 4407 PID: 0702824420097 , a 4236 Lynn Ave Q . " Edina, MN 55416 weV .aN ,r�rrf, �3 City of Edina - -- - -- - 4113 4112 Legend 4212 4215 4216 Highlighted Feature 6215 4216 House Numb" L'a Ws 4216 4219 4220 Street Name tAw. <z+T 4220 City UMMM i" � 4.120 4223 42.4 -- C"ke Lane Names II19 4211 __ LOX 4774 4127 4226 _ - Parks 412f 4216 Parub 4116 4231 4171 4223 4276 4115 LRRE 57 4230 4171 4217 4232 1..6u... 6 4171 W 4234 42N 1137 4236 11 4175 4176 4177 4236 t 4236 !4 J 4179 42a 4240 - -� 24 4242 4113 4144 4245 4242 4144 sae 4 1s6 4247 4316 4241 447 2 4766 4406 4350 604NNGSpEAO 1507 > 4417 4415 r� 4177 4411 4317 4711 4309 d30T 4705 4307 4301 4706 4703 (315 4409 4405 1103 4401 4311 4113 4213 ® IJf2 1705 naMcNa CavF911CIWOa pt]M1 4307 —11 PID: 0702824420097 [p relp '� 4236 Lynn Ave tia �• Edina, MN 55416 a 7t474q 1l n'Cf' • I f�h �3 A City of Edina - ,..'0 —- p Lapend e �a • �;- ° e Nbuae Number Labels Street Name Labels Clty Umaa LJ Lake Names Lases Parks r l71: Pamela t1Jt 2M Aerial Pbe% I]JJ tj q ttJf 1JJE 1]]i 2J1 , I ' tJ JtJ NJ .�f N JN tN] 1 tt01 fN� tNl Ja i .x.wss. cmr.o• �c� .oasas vos aapp qf0 PID: 0702824420097 �4�r1A, �i ° n 4236 Lynn Ave; ?n r2! O t.. MN 55416 A w I [IUJ rl _ �, >g ; al[ I `c 3�UJ Z o I:r I r a r�`wJ LOT SUBDIVISION ME1 uYO Ly ^ J ��ISm • x ------------------------ M.r uwlp. /i O'}lLR: IRIS 99E1; rwr my ^�J i �•� s IK� y UYAIER: YS HUNT ! C CER -HUNT �l �! E OTS SrrL ADDRISS 4230 Lyal A- El9rw, YYr—I. 55419 OW PLAPHING D[PARTWIDIT fl— KR CONTACT Rum NN..n (952) 930 -9371 42M Lp. Avrlu . JAN 3 0 2012 Error, bfi—t. 55419 /' j� /� `, G) i i cr [_?J�I,II i SURVLYOR H >ry S. J .— CL, qa CONTACT Tan H drff (952) 994 -5341 9093 LprN. Avow. SS •- mdmYlyt.n, mi—, LIJ La EXISTING LEGAL DESCRIPTION IMI M N tlI. I.9..YY fwrW Islf IEMI M N lel 19 IAV !wq N . Ib. fwn Yrn • E.YII w q. Ewl S. .1 .W W 14 461w1 Y4 }> 1x1 Smq Yrn 9a Nrgw1 grr..4 1.. Y.1.1 w W YMI 0.r el W W 14 .Alrt 035 1- !rq Yr. tla Mrgw.l m1..I 91r..A ..N IM MN! f1Nr.lm. 1. r 'EM A•, r b 91.4 ; 'T/wIr f o..r'. Aaalbn'. Wlli, f.Irl NA Ir�rrl Yn. }Ih arwwrl arw �1 wY W 1). le. Wnt w d/'l5u A', YIrN M.0 MI IM Ywr IM [wl 0.x N d/ W IL eN qN M N tlY r..ltl Vrl Ar tl)ffp 9b 3. 'u..5r t 6.wE. hN AN10..'. Mh..w IM rirNVr e.rer II sl Nr Srrq 0.r N ..I. W 17, . rd q. rlrpw IYrIN) N rY YM A'. oyiu..l.� N`M. Gnus N.A.rb C.r1A 11Ewrla E.r 1: VI 14 ,bIb ; 'q.fr • O . RN A—.' Pr L /A.1 M N 9r I .—. drr0.tl I.nf 1WMIIyrs1 .1 VI t! IlU! qrq .f . IYI. ferA ieln • �.W1 w q. Erl hr N eW W 16 rNwl N.!] 1r1 !wq Xan IM Nrgsl IMrI. U • E.NI w IM W.el IM N W 14 a.n MI awq Yrn M Mor1A...t wnr bbl' bbl' ' ..Y IM I. E.A. nM.r le e. 1M. A'; N III.. Fe.t al a M. fwn Yrn a pelnl w q. —11 IH. el wp 1.1 l .eY Vl 1], 441m1 91.0 Irl qul Y.a IM qugrl mMr 1), G . pAl m .eY 'LM A•..Ylwl N.9 in 11N.1 Hrl1 q. E.N VI 14 •6Mr L GwN'. rvet NabA'. Tenw. ft b`1I C.IY...Ie Na 19tl957 NrwgYl OAw1A IWr...l.. PROPOSED SUBDIVISION LEGAL DESCRIPTIONS: vAllla A LYNI 1�7, Y.d, ; 6wr L llewlf. ItN A44Uw. NwIwA CMIA TM .rt N W 1E IIEI. 1rAA N .0.r fwn Y.r ...YrII w� Ewl Yr =1r11 W 14 M..1 M.li 1..1 Srq M IM r 1 erA. 1.. '.bt r u. IwN IM .1 r I.t la w.Iml Ir swrq Ern w Mrq .r.r mr.eE rY M 5.r. nrNn.11r r.E.Itl u .. 1M A': '; N b Y.a ; rar.r • ur +. iM AONIrA IWyb q�w1A IIMw4 IAN M N u..wIN�Y�p..t Aw. rp.M�IywwA ; 6.r.r L YI IN Swgl0.w�il�wN WEI ], rM IM mWY..II Nm e�I .WA YEr A'. Ira ; u.w.r L ur.E. fYN Nalco, H.nn..b �rtA SUBDIVISION SUMMARY: wM r.rir N lrml. Y NW 1. ; lA. b1N rr M PROPOSED AREAS: •e ... P.re� A (W 17 5N. rr v.re+ a MI 101 .YrN. xR,nO .wr. rrl - l.4v .rr. GENERAL NOTES: LEGEND ....17 v....ml VICINITY MAP F. .w nrA. Tr Y H 9 G rwr ♦ w 1� 1A+1 O rr 9 Yw Y� Ipl ro ln.t lipI _ _ - r -`r 1 SCALE. T INCH a 20 FEET Try crb IAN INb w...y. pm r r� i w.I- N N by m. r Y.11u� �Inn�C wwYr mJr I�Irr 7G E ,V'R.IW bM..nl; ' H.• 22677 9.1n LOT SUBDIVISION SURVEY For} RAUN NELSON srm: 4239LYNNAVENUES AoJrnmNa 5Y1r vwcEL E911U, YIIINE50TA HENNEPIN COUNTY HARRY S. JOHNSON CO., INC. LAND SURVEYORS !90 LYNN. M— EANA 9b.mYgl.n, YN. 5513) TNL lSlJO -SNt F..2W.144 M IL '20121 DF ! LOT SUBDIVISION CJ I � " -- — --------------- - - - - - - - - - - - - - - — -- jw I iI /IYI .mlrm lrir ��-� I 09tKR: CAROL 90ELL Lei~ v0 L1J r-------- - - - - -- I �> <(I A 1 11.1 I y q ILI.Iq "- LIJ > T I fl I t(e 3 . Z d L IE - =„ LU LIB O �, A IUJ F- I t W o OZA by l�l j` a �I • . no -------------------------- I I �r I I -�J I c I " I O9NER: PETER k KAREN GABLER 'It's A .F. 0 3�y am r.E I I - ^� o r•E I `•�r."`�'.I I� ; OMM WS "T i C WnCER -WRIT I OrER: IRIS S(KU M m AfJ (\ I _ noe t j! I r r) A �� I SOTS SrrE ADDRM +2M Ljrm A- EAlna RNn.wla 55 +16 OWNER Ran NNN11 CONTACT Rw NNem (65x) 630 -9371 +x]6 LYn Aww• Ea 55+16 SURVEYOR Nmr S JNmem C•., Mc. COffrACT Tom H—ff (952) Be -53+1 9093 Lan6N• A— S-1h. B, —wglm, NYIn la 55+20 PLANNING DEPARTMENT JAN 3 0 2012 CITY or- IECINA I I EXISTING LEGAL DESCRIPTION 1Ml r,l el M nmw, .rrkw laa. bl O, uN r•1 •r I.I ,e l qe seu r . IM re.• Y.m . W�I� n. fml u�..i 1. al wuwrrr�NM]r 1.. ... is rl.�wl w IM up Kr6..n.1 ..ru+. �w -Ik,�A�r w eW � 'ow•r k n..N•. rYN Am6m'. M 5wu er�Wl WIIY:e ,r..l elN A:. been Y•m . YM^~Sr:lrl 1,, w.Ml Iwl Vaal kw 1 1e1r or WAIN ,4 W1M A', SYIm1 eL0 W 9a•1 Yrn M Cwl lnel wl el M rwlw t..1 Ara wpY:Y:e Blew ; •6rYr k Crwm'a rM AGkIYn'1 hWe Nla:m IM ul.alma woe 11 Sww IM N W Lal ), W N. r1uYw WWr al W Plea A -. ,r.ar rver.l GrtlArl. Ka r Hr.ya Canlr - 1: Lal 14 New 4 -- k -w ' r ' AOJIYa' Ur !: lnel Pa11 N M INaeYp ewr..a IK l 1]: leal w1 N Lel to I,de Style •I • M dmn trn a ryY:l m lM fml M�wW al peNl w W Mlel Nn• •SI WtlnAl 14 � �1 N.H lul Style t•m N• NrN.wl ornr 9wwl, W ku IwH9 Iwwwryr IeMr le w -Da A -; NI 11Y1e E «l al a Yn• rwn tea s rNnl m M ewle M11• N W W 1]. Myl NA hal A. 1 ft- -1, mnr N W tol IM N aNOMLN 14W Ln• A -. rla,l N,0 Irl WaN Yan IM Ewl N h Ntl 4 •CImY•r k Lr••alfe itet A01Akn•. Trr•na Fr•Mr W6em1• Aa iNLln) Ile:aya Caalh Ye1r:wNa PROPOSED SUBDIVISION LEGAL DESCRIPTIONS: rAA6EL k UI 1), NM � ()wYr k Gw�l'• M1•1 Ak/Ibn. RrayF Carl% YY.arla n,N prt •1 IN 1s ht19 Swln N . em keen te:n . rW 1 ., M [wl Y:• N W Lel 10. CINwI N.!] le•1 SmU Yrn we Mrin•eel Wwl, N . r•e1l m M ...1 .r N W L.l ,4 Ne1m1 N.SS wl SwN tre Iln KNr•al mAer ,erwh, W M bwq MNIr nMN 1• w itr A N a New 1 Cr.w•r k C1wfa rY0 AMIYq 1Mr:yM Carl% 9Mew1a leN ren e11M asalw 'IUl Apra wjwkq New ; Qaew k Gse•fa Hnl Akmlae Mwm iM •wlvl •Nwekn eau M . au Nr el �1 1). ena u....k.ir rlyam N W rAllm e: ,1 14 eleae 3. Crwtr k Creealf• Ihl IMllan. Naaya Cwnl% SUBDIVISION SUMMARY: the I., numb. el _". b a,- le 2. lea IoIN raa la a•,+le per• Wl - I— — PROPOSED AREAS: .1a rm Pr ml A (IN 11 — M -1 lej, . ]9..t0 apwe MI 4k)S W. rw Paul B (let 10), a W. M.00e 0.4 GENERAL NOTES: �r.r..r =z. .—..�. rrr. r r.r� .N•Amal .rrr ri�..�M w LEGEND nwlr Kanuaml r,A..l. 4eY r.r. 1<.rnr. • 0«w f:ra f•w N -- Orw olaY.r: 9 r wwlmaE u+ e i VICINITY MAP wuw- � t •m..ry� i 1mT w SCAIE� I 1 SCALE: i )NCH r 70 FEET 1 nrrr erler Hal Tee a..•% I- . sl w� Slele al �m arW M Iwe II al. LOT SUBDIVISION SURVEY Fora RAUN NELSON srm: 4335 LYNNAVENUE 6 AOJOel6l0 Y]IY.ARfJ:l E6NA INNHfJ10TA HENNEPIN COUNTY HARRY S. JOHNSON CO.. INC. LAND SURVEYORS eon ymN• Awlme eswl em.ptylm. NK. eon T•M. eSldNd>•1 Fu NldNdlM -- 1OF1 4501 j 4417 1115 4477 2411 4307 1701 1313 4311 4309 4307 4305 4706 430] 4409 4405 1407 4401 4377 4715 6175 4317 ® 4711 1705 .<,kwt.cmr vast; �ocasas aw 1307 �g1T3A, �r� PID: 0702824420097 Ow p Y1 �i 4236 Lynn Ave O tia �• Edina, MN 55416 A/ Logond Highlighted Feature Heuae Number Labels Street Name Labels ./ City Umits C"Its LaRe Names Lobes ParA. Parcels City of Edina �O O L ` 1111 1115 6176 4117 4212 1215 1116 4216 4219 4210 4217 ,210 /I20 1113 4124 1219 225 4221 3 I217 <zza 1221 4 1126 4320 1112 1111 4171 421] 4278 llfTtJ: 57 11 Own aaate a 4225 1170 1217 1237 4271 j 1276 C 21 4171 24 1176 4278 R 14 r 1750 IIJJ 1130 4225 1178 5172 4179 4140 4241 14 1145 2408 1716 4311 4400 4243 4242 4245 4310 4244 4247 4JOe /116 4350 1210 4e]VAW05p Ro 4501 j 4417 1115 4477 2411 4307 1701 1313 4311 4309 4307 4305 4706 430] 4409 4405 1407 4401 4377 4715 6175 4317 ® 4711 1705 .<,kwt.cmr vast; �ocasas aw 1307 �g1T3A, �r� PID: 0702824420097 Ow p Y1 �i 4236 Lynn Ave O tia �• Edina, MN 55416 A/ Logond Highlighted Feature Heuae Number Labels Street Name Labels ./ City Umits C"Its LaRe Names Lobes ParA. Parcels euy.o r 1838 REPORT /RECOMMENDATION To: EDINA CITY COUNCIL Agenda Item: Item No. IV. K. From: John Keprios, Director Park and Recreation Department ® Action Discussion ❑ Information Date: February 21, 2012 Subject: Hornet's Nest Working Group — Edina Park Board ACTION REQUESTED: The Park Board recommends the City Council approve the Park Boards recommendation to form a Working Group to further analyze the Hornet's Nest proposal. INFORMATION /BACKGROUND: At their Tuesday, February 14, 2012 meeting, the Park Board voted unanimously to ask the City Council's permission to form a Working Group to further analyze the Hornet's Nest proposal presented by the Drive for the Hive organization. The Hornet's Nest proposal consists of a free - standing two level building to be located immediately to the north of Braemar West Arena. The building would include permanent locker room facilities for Edina High School Varsity and Junior Varsity Boys and Girls Hockey Teams on the lower level and dry-land training facilities, a quick -serve restaurant and a pro -shop on the upper level. The proposed Working Group would include: • Two or more Park Board members • Interested members of the public • Representatives from Drive for the Hive • A representative from the School District • City of Edina Parks and Recreation Department staff oe1 • l�CORPORP'�� 1888 AGENDA ITEM V. A. Officer of the Year No' packet data Oral presentation Information coming WA EWA CE REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item VI.A. From: Jeff Long Chief of Police ® Action F-1 Discussion Information Date: February 21, 2012 Subject: St. Patrick's Catholic Church, License Temporary On -sale Intoxicating Liquor ACTION REQUESTED: Approve the Temporary Intoxicating Liquor License for the Church of St. Patrick's. The license requested is for an event titled "St. Patrick's Day Celebration ". INFORMATION/BACKGROUND: The Church of St. Patrick has applied for a Temporary Intoxicating Liquor License for their St. Patrick's Day Celebration event. The event will be held on March 17, 2012 from 6:15 PM to 9:00 PM in the St. Patrick's Social Hall and the adjoining kitchen. The applicants are eligible for the Liquor License and have submitted plans to meet the special requirements for a Temporary License under City Code. In addition, they have gone beyond these requirements by not allowing anyone under 21. years old to serve alcohol. Minnesota state law only mandates servers to be 18 years old. The Church of St. Patrick has hired an Edina Police Officer to provide security for this event. All Temporary Intoxicating Liquor Licenses that have been issued to this church in the past have gone smoothly with no complaints to the,police department. ATTACHMENTS: N/A w9SN�1r� o e En Nov �y \N�ieee REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VI.B. From: Joyce Repya Associate Planner ® Action Discussion Information Date: February 21, 2012 Subject: 2012 CDBG Urban Hennepin County Community Development Block Grant (CDBG) Funds ACTION REQUESTED: Approve recommended 2012 CDBG budget for submission to Hennepin County. INFORMATION /BACKGROUND: The CDBG Community Development Block Grant Program is a federal entitlement program administered by HUD who in turn, charges Hennepin County to oversee the distribution of funds to its communities. These funds are to be directed toward improving housing opportunities and providing a suitable living environment for persons with low and moderate incomes. As a recipient of HUD funds, the County, and each community must affirmatively further fair housing. Hennepin County encourages all communities to be proactive by addressing impediments to fair housing choices. Edina's preliminary 2012 budget allotment for planning purposes is $110,285, considerably less than the $173,786 preliminary allotment considered in 2011. Last year, with fears of a potential 62% decrease in CDBG funding, the final 2011 budget was announced in June 2011 after encountering several reductions, for a new Edina total of $145,365 — a $28,421 or 16.4% reduction, As provided for in the 2011 Resolution, the City chose to distribute the 16.4% reduction evenly to all the agencies receiving funds. The use of CDBG funds to address local needs must be consistent with priorities identified in the consolidated Plan for affordable housing, community development and human services. HUD mandates that no more than 15% of the city's budget may be directed toward funding public service agencies with the remaining 85% addressing community development needs. The following agencies requesting 2012 CDBG funds are those which the City has supported for many years: Public Services —15% of total ($110,285) budget = $16,543 • Senior Community Services (H.O.M.E. — Household and Outside Maintenance for the Elderly) — provides housekeeping and chore services to Edina seniors who pay for services on a sliding fee scale; • Community Action Partnership for Suburban Hennepin ( CAPSH) — provides housing programs for low and moderate income homeowners and homebuyers; and • HOME Line — provides tenant advocacy services for Edina renters. PROVIDER 2011 2011 2012 2012 PROPOSED FINAL REQUEST PROPOSED H.O.M.E. $ 17,789 $14,880 $ 9,618 $9,618 C.A.P.S.H. $ 5,624 $ 4,700 $ 4,700 $4,700 HomeLine $ 2,654 $ 2,225 `$ 3,689 $2,225 TOTAL $ 26,067 $21,805 $18,007 $16,543 For CAPSH and HomeLine, the 2012 public service funding proposed is consistent with the funds that the agencies received in 2011- this is in lieu of imposing a 24% reduction in funding. The proposed funding for the Senior Community Service's H.O.M.E. program is $5,262 less than in 2011. This reduction enables CAPSH and HomeLine to continue serving their clients with the same funds received in 2011. While the funds proposed for SCS are 35.36% less than they received in 2011; they will request the remainder of the funds to meet their 2011 needs from the Edina Housing Foundation as they have done since 2000. Community Development— 85 % of total ($110,285) budget= $93,742 After the $16,543 distribution for public services, $93,742 remains to be directed toward community development projects. Staff recommends directing $41,491 of these funds to the Rehabilitation of Private Property program which provides deferred repayment loans of up to $30,000 to make structural improvements to owner occupied single - family homes. Eligibility for the program is based on a household income schedule established by HUD for the Minneapolis /St. Paul area. The income limits may not exceed 80% of the median household income. There are currently 5 households receiving rehabilitation assistance. Staff anticipates that the program will continue to attract income eligible homeowners interested in improving and maintaining their homes. The remaining $52,251 is recommended to be distributed to West Hennepin Affordable Housing Land Trust (WHAHLT) for their Homes Within Reach program which would provide an affordable homeownership opportunity using the Community Land Trust model for one homebuyer. 2 X. The Community Land Trust model removes the market value of the land from the mortgage equation, which reduces the cost of a home for a work -force family by approximately 35 -42 percent, making it more affordable than houses on the open real estate market. WHAHLT owns the land and the homeowner owns the home. A Ground Lease signed by both parties defines and secures the roles and responsibilities of both WHAHLT and the homeowner, including, but not limited to a resale /recapture provision, and long -term rights and use of the land. One of the strategies identified in the Housing element of the Comprehensive Plan calls for the City's commitment to fund and expand its financial and technical support of community land trusts. Attesting to this goal, since 2007, the City has provided $560,350 in CDBG assistance to WHAHLT to assist in the purchase, rehabilitation and resale of seven Edina homes to income eligible buyers. Moving forward, the proposed $52,251 is to be directed toward assisting WHAHLT to purchase of an eighth land trust home, reinforcing the City's commitment to providing and securing affordable housing in the community. Staff recommends the following distribution of 2012 CDBG funds for community development purposes: ACTIVITY 2011 PROPOSED Rehab. Of Private Property $ 41,491 WHAHLT $ 52,251 TOTAL $ 93,742 ATTACHMENTS: *Resolution 2012 -30 *Hennepin County PRELIMINARY 2012 CDBG Allocation *2010 — 2012 CDBG Budget Breakdown *Requesting Agencies Funding Requests 3 RESOLUTION NO. 2012 -30 APPROVING PROPOSED USE, OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS City of Edina AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNENPIN COUNTY AND.-ANY THIRD PARTY'AGREEMENTS WHEREAS, the city of Edina, through execution ,of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the city of Edina has developed a proposal for the use of 2012 Urban Hennepin County Community Development Block Grant funds made available to it; and . WHEREAS, -the city held a public hearing on February 21, 2012 to obtain the views of citizens on housing and- community development needs and priorities and the City's proposed use of $110,285 from the 2012 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of the City of Edina approves the following projects for funding from the 2012 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget Rehabilitation of Private Property $41,491 Homes Within Reach — Affordable Housing $52,251 Senior Community Services (HOME) $9,618 Community Action Partnership for Suburban Hennepin (CAPSH) $ 4,700 HOME Line $ 2,225 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to.execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2012 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final- amount of FY2012 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager /Administrator to adjust project budget(s) to reflect an increase or decrease in funding. Dated: February 21, 2012 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ), COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20 City Hall - - 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952- 826 -0379 Hennepin County PRELIMINARY 2012 CDBG Allocation - Community 2011 Final Allocation 2012 Preliminary Allocation Funding change Brookl n Center $170,294 $211,641 $41,347 Brookl n Park $341,151 $422,556 $81,405 Crystal $89,145 $93,846 $4,701 Edina $145,365 $110,285 ($35,080) Hopkins $102,482 $98,953 ($3,529) Maple Grove $140,793 $118,462 ($22,331) New Hoe $98,0.02 $118,505 $20,503 Richfield $178,047 $178,369 $322 St. Louis Park $186,055 $173,258 ($12,797) Subtotal $1,451,334 $1,525,875 $74,541 Consolidated Pool $450,975 $399,090 ($51,885) Community Allocation Total $1,902,309 1,924,965 $22,656 Hennepin County Administration $284,258 287,638 $3,380 County Entitlement Total $2,136,5671 2,212,603 1 $26,036 C:\ Users \jrepya\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \QM5UOEY5\2012 Prelim Alloc cities Conpool.xls 2010 2011 2012 FINAL, FINAL PRELIMINARY EDINA' S ALLOTMENT: $1739786 $1459365 (-16.12%) $1109285 (- 24.12 %) Public Services: 15% $ 26,067 $ 21,805 $ 16,543 Proposed H.O.M.E. $17,789 $149880 $ 99618 C.A.P.S.H. $ 59624 $ 49700 $ 49700 HomeLine $ 2,654 $ 2,225 $ 2,225 TOTAL $269067 $219805 $169543 Community Development: 85% $147,719, $123,560 $93,742 Proposed Rehab of Private Property $ 659719' $ 55,214 $41,491 W.H A I3 L T $ 82,000 $ 68,869 $52,251 TOTAL. $1479719 $1239560 $939742 yr'iJCn Ylellell'I Executive Committee Woody Love President Gene Winstead 1 st Vice President Jeanette.Metz 2nd Mte1President Keith 511uessi Secretary Thad Standley Treasurer Donna Bloom Executive Member -at -Large Dr. Chinyere Njaka Executive Member -at -Large David Fisher Executive Member -at -Large Jim Crist Past President Board of Directors Laurie Lafontaine Sharon Burnham Cheryl Flscher MarvuiJohnson [ohr!- "son Senator"Gen Olson Michael Hollenhorst Dennis.Kueng Rochelle GIII Terrl Urbaniak Bitb_Falkenberg Benjamin F. Withhart Executive Director & C.E.O. Programs 'Community Senior Centers •Senior Outreach *H.O.M.E. *Health Insurance Counseling *Caregiver Support Services community Partner Ws Charities Review Council '7leni6er E((erarre Parrners• January 1.0; 2012 Joyce Repya Associate Planner City of Edina 480.1 West 50th Street Edina, .MN 55424 Dear Joyce,. Thank you for the opportunity to submit a CDBG. application to the City of Edina_for $ y,i,.f. a. The H.O.M.E. program's operating budget for. the City of Edina is $26,000. The Edina Housing Foundation has partnered with the H.O.M.E. program in the past to make up the difference in our operating budget for the city. Thank you for your consideration of our CDBG application to support Senior Community Services' H.O.M.E. program. Please let me know if-you.would like more information or to make a site visit. With the support of the City. of Edina; the H.O.M.E: program will continue to reach out to Edina seniors with the Homemaking, home maintenance and chore support they need to stay-in their own homes `and in their own communities. Sincerely, Deb Taylor Chief Operating Officer Senior Community Services e 10709 Wayzata Boulevard, #111, • Minnetonka, MN 55305 a 952.541.1019 http: / /www.seniorcotnmunity.org 2012 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. City: Edina 2. Project Name: H.O.M.E. (Household & Outside Maintenance for Elderly), A Program of Senior Community Services Primary Contact Person/ Phone No./Email: Taylor / 952 -541 -1019 x317 / d.taylor @seniorcommunity.org B. PROJECT DATA 1. CDBG Funding Requested $ 9,618 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ®Yes [:]No 3. Project Location: Address or Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) An age of uncertainty - Seniors living on a fixed income face hard choices as costs soar for groceries, gas and medicine. No relief is in sight. We know that there are many fixed and low- income seniors who would benefit from the services of the H.O.M.E. Program. Services include homemaking, home maintenance and chore services. For some seniors, H.O.M.E. can make the difference between remaining in their own homes and moving into an assisted living complex or nursing home. The H.O.M.E. services are coordinated out of three community-based offices. H.O.M.E. South, located in Creekside Community Center in Bloomington, serves the cities of Bloomington, Edina, Richfield, Eden Prairie and St. Louis Park. H.O.M.E. North/West, with offices in Minnetonka at the SCS administrative building as well as at the local Community Center, serves the cities of Crystal, Hopkins, Golden Valley, Maple Grove, Minnetonka, New Hope, Plymouth, Robbinsdale, Wayzata, and Brooklyn Center. Provided on a sliding fee scale, services include 1) homemaking — housecleaning, laundry, and grocery shopping; 2) home maintenance, including interior /exterior painting, minor home repairs, minor carpentry, and installing disability bars; and 3) 1 chore services, consisting of lawn mowing, snow removal, raking, yard cleanup, and window washing. Staff provide homemaking and home maintenance services, while independent contractors provide lawn mowing and snow removal and volunteers provide raking, yard cleanup, and window washing. The overall goal is to maintain seniors in affordable housing by providing these services that they can no longer do for themselves. By providing these services, HAKE. helps keep the city's housing stock in good shape. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Milt .-tea 5 � �° 7 k < P,rlor > >�ties � . a;,�^a „� :wa nxix� a. Y Dk zaa . �r_A.d�f ,Use X t0�' n catek r t?.. Rental Housing Housing (Rehabilitation) -Existing First Time Homeownership Homelessness Needs Housing -Special Public Service X Revitalization -Neighborhood -Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) H.O.M.E. provided 3,935 hours of service to 90 Edina residents, age 60 and older in 2011. H.O.M.E. increased the hours of service from 2010 to 2011 by 682 hours. It is anticipated that H.O.M.E. will slightly increase the number of seniors served and the hours of service in 2012. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2012 and ends December 31, 2013.) Ongoing delivery of H.O.M.E. services including: Maintenance (minor carpentry, leaky faucets, electrical repairs and interior /exterior painting); Chore Services (lawn mowing and snow shoveling); and, Homemaking (cleaning, vacuuming, dusting, washing clothes and window cleaning). 2 7. Budget: '(Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $80,325 Prior Year CDBG Funding (for this project) Other Federal Funds (specify) MAAA $101,000 Low Income Housing Tax Credits $ State (specify) $ mum cipal $ Metropolitan Council $ Private (specify) Fee for service — Sliding $324,000 Fee Scale Other.(specify) Foundations, Individual $127,104 Donors, Bloomington HRA, United Way Project Total $632,429 Prior Year CDBG Funding (for this project) from the City of Edina was $14,880 3 Helping People. Changing Lives. 9 Z�tione unity PAP TINERSHIP raaror OF SUBURBAN HENNEPIN AMERICA'S POVERTY FIGHTING NETWORK Energy Assistance February 1, 2012 _ Homebuyer Education who are cash poor but house rich. The counselor offers information and tools to determine Foreclosure Prevention Ms. Joyce Repya, Associate Planner Reverse Mortgage City of Edina Home Maintenance & Rehab 4801 W., 50th Street Homeless services' Edina, MN 55424 Employment Counseling RE: Community Action Partnership of Suburban Hennepin Financial Counseling Request for CDBG Funding Planning & Development Community Development Dear Ms. Repya: Tax Assistance Voter Education & Registration On behalf of Community Action Partnership of Suburban Hennepin ( "CAPSH "), I am requesting that the City of Edina consider funding CAPSH at a level of $4,700 with the City's Asset Development CDBG Public Services funds. While everyone is aware of foreclosure prevention efforts, the City's CDBG dollars go to support other programs that are Just as critical to maintaining homes In Edina. The Home Rehab program provides low- income residents with counseling, to determine what repairs are necessary to maintain basic living standards, how to wisely choose rehab contractors, and reviews for the resident and City to assure work was competently completed. This program is critical to maintaining the quality of aging housing stock, and by extension, the quality of the community. = �LQ/�I4IC These three programs— Home Rehab & Maintenance, Reverse Mortgage Our mission: To improve the quality of life in suburban Hennepin County by creating and supporting links between Individuals and communities through: service, education, and collaboration. Second, CAPSH's Reverse Mortgage counseling provides face -to -face counseling for seniors who are cash poor but house rich. The counselor offers information and tools to determine if a reverse mortgage is the right option for the residents. Reverse mortgages allow seniors 8800 Highway 7, Suite 401 to retain their housing and meet their basic needs. St Louis Park, MN 55426 Tel 952- 697 -1300 The City of Edina is committed to working with first -time homebuyers, to provide assistance Fax 952- 933 -8016 In obtaining a home in Edina. CAPSH provides the tools to low- income residents that www.capsh.org enable them to prudently purchase — through workshops and counseling. Both activities provide credit and budget education, and train potential residents about the costs and other factors they need to consider in purchasing a home. = �LQ/�I4IC These three programs— Home Rehab & Maintenance, Reverse Mortgage Our mission: To improve the quality of life in suburban Hennepin County by creating and supporting links between Individuals and communities through: service, education, and collaboration. Letter to J. Repya Page Two February 1, 2012 Counseling, and First -Time Homebuyer Education and Counseling — receive very little funding outside of state and. local funds; CAPSH continuously tries to obtain other funding for these programs. Reductions In local CDBG funding, if it continues to decline, will at some point, require the elimination of one of these programs, or reductions that may, In the end, leave the programs in question with insufficient funding to continue. CAPSH greatly appreciates the support it has received from the City of Edina in the past, and values the partnership it has with the City. We respectfully request that�Edina consider funding CAPSH at the amount of $4,700. If you need additional information or have any questions, please do not hesitate to contact me. Thank you In advance for your consideration. Sincerely, Marcy � arrls, Director, Planning, Development & Legal Services 9 2012 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. City: Edina 2. Project Name: Community Action Partnership of Suburban Hennepin Housing Programs 3. Primary Contact Person/ Phone No. /Email Marcy Harris: Director of Planning and Development. (952) 933 -9639 Ext. 225; mharris @capsh.org B. PROJECT DATA 1. CDBG Funding Requested $ 4,700.00 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? ®Yes ❑No 3. Project Location: Edina —:city -wide 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) CAPSH will provide services through five of its six housing programs (Transitional Housing is not included as part of the CDBG application), detailed below. The projected numbers to be served are listed in the table as part of Question 6, and can easily be compared to the number of.people served the previous year. There is no expansion anticipated for any of the programs. a) Foreclosure Prevention: through its certified program and certified counselors, CAPSH will provide foreclosure prevention counseling to Brooklyn Park residents. Counselors work with and their lenders; to renegotiate mortgage terms and allow clients to stay in their homes when feasible. A significant amount of counseling is °devoted to reviewing clients' financial situations, to determine whether they are able to maintain their current housing in the long run. Foreclosure prevention counselors work with lenders to negotiate mortgage modifications, refinancing, short sales and other means of resolving the homeowners' housing crisis. Counselors can work with clients ,from initial stages of facing foreclosure through sheriff's sales (even provide counseling up to eviction following redemption period). b) Homebuyer Education: CAPSH provides First -Time Homebuyer workshops, using the "Homestretch" curriculum developed by the Minnesota Homeownership Center. Workshops are offered at multiple locations throughout suburban Hennepin County, in order to make them accessible. Also increasing accessibility: workshops are offered in multiple- session evening classes or single- session workshops. Through the workshops, participants review 1 CAPSH CDBG Application 2012 -2013 City of Edina budget and financial considerations, what things to look for when purchasing, and options for financing. A session is included that addresses home maintenance issues of which to be aware. Homebuyer workshops total 8 hours, after which the clients receive certificates of completion. Many lenders now require that first -time homebuyers complete the workshop, to ensure that clients understand the lending process and financial obligations. C) Homebuyer Counseling: once participants have completed the Homestretch workshop, they are eligible for individual counseling at CAPSH. The counselor examines the clients' financial status in more detail, and works with them to make the clients mortgage- ready. CAPSH has found that counseling often follows several months after workshop attendance, as clients work towards improving their credit. Clients meet with the counselor in 45 minute — 2 hour increments. d) Reverse Mortgage: CAPSH provides this service to eligible clients (one spouse must be 62 years old, financial eligibility requirements) in the form of free, in- person counseling. The Reverse Mortgage counselor meets with seniors interested in the program, to discuss with them the nature and requirements of a reverse mortgage, available options, and provides, information about how to work with lenders. CAPSH does not endorse taking a reverse mortgage, nor does it endorse particular lenders or products. CAPSH is one of the few, if not the only, counseling agency that requires in- person counseling as part of this service (to better gauge whether clients understand the requirements of the program). e) Home Rehab and Maintenance: the Home Rehab counselor works with low- income clients who are in need of basic home repairs or maintenance, in order to keep their homes habitable. The counselor provides advice about what types of repairs are necessary, how to obtain suitable contractors, and how to obtain financial assistance, particularly through municipal programs. In some instances, and working with city housing authorities, the CAPSH counselor reviews the work after it has been completed, and certifies its appropriate completion to the city. This is a much - needed service for low- income homeowners, who may not be able to determine on their own the repair work needed, or how to pick out a legitimate contractor. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. NOTE: Foreclosure prevention counseling is not listed in the County's Consolidated Plan priorities; however, it clearly is a high priority, and an area the County funds through other sources. Priorities Use X to indicate Rental Housing Existing Housing (Rehabilitation) X First Time Homeownership X Homelessness X Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services CAPSH CDBG Application 2012 -2013 City of Edina 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc. CAPSH anticipates providing the following services to 42 Edina households: 0 First -time homebuyer workshops: 8 0 First -time homebuyer counseling: 3 0 Foreclosure prevention: 22 0 Rehab /maintenance assistance: 3 0 Reverse mortgage: 6 2011 & 2010 Results: 7. Implementation Schedule: Time Period Housing Program Activity #Served Foreclosure Prevention Counseling Homebuyer Education Homebuyer Counseling Home Repair Counseling Reverse Mortgage Counseling TOTAL Edina FY 2011 22 8 3 3 6 40 Total FY 2011 1,311 329 41 231 227 2,139 Edina FY 2010 20 4 1 1 3 29 Total FY 2010 1,268 241 66 240 125 1,940 7. Implementation Schedule: Time Period mount/ Source Activity erson Responsible 7/1/2012 $4,700 ongoing full cycle homeownership services Scott Zemke, Dir. of to Edina CDBG including: Operations 6/30/2013 First -time homebuyer workshops and counseling (financial literacy training also provided) Foreclosure prevention counseling & loan assistance Marcy Harris, Dir., Rehab/ home maintenance counseling and Planning & Dev. education (includes some emergency repair) Reverse mortgage counseling Completion Date Ongoing Cl CAPSH CDBG Application 2012 -2013 City of Edina 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT SOURCE 2012 CDBG $4;700 Requesting from Edina Other Federal Funds (specify) $337,098 HUD;.Nat'I Forecl;'Mit. Cnslg, EHLP (Forecl. Prev:) Low Income Housing Tax Credits $0 „State _.(specify) -- '$169,694,. HECAT, MN Comm. Action Grant Municipal $388,160. Henn Cty;Foreclosure; other CDBG. $166,000 are pass through only., . Metropolitan Council $0 Private, (specify) $0 Other (specify) $161200 Homebuyer Workshop fees Project Total $9141717 4 CAPSH CDBG Application 2012 -2013 City of Edina HOME L� 3455 Bloomington Ave Minneapolis, MN 55407 Office Phone: 612/728 -5770 Hotline: 612/728 -5767 Fax: 612/728 -5761 www.homelinemn.org Joyce Repya Associate Planner City--of Edina 4801 West 50t' Street Edina, MN'55424 .January 24, 2012 Dear Ms. Repya: This letter is to request funding in the amount of $3,689 from the City of Edina's Community Development Block Grant Program to support HOME Line's services for renters. A copy of the 2012 CDBG Program Request for Funding is enclosed. Along with the CDBG Request Form, I am enclosing summaries of our hotline's. service to Edina residents.- HOME Line's Tenant Hotline served 100 Edina families called our tenant hotline in 2011. 16 of these families faced critical housing situations involving landlords in foreclosure or eviction. HOME Line provides valuable advice to families that is important for stabilizing their housing. In 2011, we helped prevent an estimated 6 evictions, and saved Edina residents an estimated $20,098. We are working to meet these current challenges facing low - income renters and would like the City of Edina to continue as'our partner in meeting these needs. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612 /728 -5770, extension 107 or Mike Vraa, our managing attorney at extension 113. Sincerely, Beth,Kodluboy Executive Director enclosures as noted Tenant Advocacy in Minnesota 2012 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. Community: Edina 2. Project Name: HOME Line's Tenant Advocacy Services Contact Person/Phone Number /email Mike Vraa, 612 728 -5770 x 113, mikev @homelinemn.org B. PROJECT DATA 1. Funding Request $ 3,689 is the amount HOME Line is requesting from Edina to pay for the Tenant Hotline Services. $1,689 is what Edina staff is projecting HOME Line will receive. 2. Is this request to fund an existing CDBG - FUNDED project? x Yes No 3. Project Location: Address: 3455 Bloomington Avenue, Minneapolis. 55407. HOME Line's tenant services are citywide. Tenants call our free hotline from their homes. 4. Project Description: Briefly describe the proposed project. The narrative should include the need or problem to be addressed in relation to the Consolidated Plan (see attached table), as well as the population to be served or the area to benefit. Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives, method of approach, implementation schedule and anticipated results /accomplishments. We anticipate assisting approximately 100 Edina renter households over the hotline during the program year. Renters make up nearly 4,677 households in Edina, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. The Tenant Hotline began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state (excluding Minneapolis) and have recently taken our 136,000th call. Four staff attorneys and a tenant advocate work full time on the hotline along with 75 -100 law student volunteers each ,year. 100 Edina renter households called in 20.11. In 2011, we helped to prevent an estimated 6 evictions of Edina families. The most common reasons Edina residents call our hotline are security deposits, repairs, evictions, and landlord foreclosures. The need for this service in Edina is apparent -- Edina residents already rely on this valuable service. Tenants living in rental units (usually single- family homes or duplexes) are encountering a continuing problem in Edina: the landlord being foreclosed on. Typically, the tenant has done nothing wrong and, is usually current on their rent when they are served with a notice of an impending sheriff s sale (usually within 2 -3 weeks). Faced with this, information, many renters simply vacate the rental unit: The law, however, probably allows them to stay in the home for 6- 9 months following the sheriff's sale. Since 2008, HOME Line's phone number has been included in all foreclosure notices and briefly explains renter's rights in these situations. The difference between leaving in 3 weeks or having an additional 6 to 9 months to find suitable new housing cannot be overstated — people find adequate and livable new housing (and may have enough time to actually buy a home if they are on a homeownership track) and the kids may be able to complete their school year. Our primary objective with renters facing foreclosures is to provide information and advice. Once the tenant understands they don't have to leave prior to the sale, they can plan their lives accordingly instead of racing to vacate in three weeks. The goal is to make sure as many tenants know this as possible. HOME Line expects to serve 5 renter households in foreclosure situations in Edina in the next year. While our services are available to all renters free of charge, 88% of our Edina callers have low incomes; almost three quarters (74 %) of these callers are women; 22 % are racial minorities. Our programs are aimed at low- income renters. We identify the key demographics at the beginning of each call. 5. Consolidated Plan Priorities: Public Services: Family Services, Senior Services, and Youth Services. FUNDING SOURCES AMOUNT CDBG 69,121 Prior Year CDBG Funding (for this project) 68,699 Other Federal Funds (specify) 29,000 Low Income Housing Tax Credits 0 State (specify) MN DHS 0 Municipal 42,958 Metropolitan Council 0 Private (specify) Foundations (attached) 216,000 Other (Training, Interest, Contributions) 107,200 Tota 1 464,279 6. Describe anticipated results /accomplishments projects will have. (i.e.; number of persons/households to be assisted/served, number of housing units to be rehabilitated/built, etc.) We anticipate between 95 and 100 callers utilizing our hotline services, representing 250 residents. Also see the attached page, which covers what HOME Line has accomplished in Edina in 2011. 7. Implementation Schedule: (Identify major project tasks to occur and date anticipated) Task: Tenant Hotline Date Ongoing 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG 76,293 Prior Year CDBG Funding (for this 69,121 project) Other Federal Funds (specify) 22,500 Low Income Housing Tax Credits 0 State (specify) MN DHS 10000 Municipal 47,958 Metropolitan Council 0 Private (specify) Foundations (attached) 181,000 Other (Training, Interest, Contributions) 70,800 Total 477,.672..___ Additional Funding sources Amount Private Foundation Funding Greater Minnesota Housing Fund Foreclosure 10,000 Hugh J. Andersen Foundation 11,000 McKnight Foundation 75,000 Minnesota State Bar Foundation 500 Otto Bremer Foundation 50,000 Ramsey County Bar Foundation 2,000 Foreclosure - Funders Council 32500 Government Funding DHS Prison Reintegration Grant 101000 Family Homeless Prevention & Assistance Program 22,500 Hennepin County 35,000 Bloomington Health & Human Services Grant 7,958 Brooklyn Center CDBG 5,436 Brooklyn Park CDBG 14,424 Eden Prairie 5,000 Hennepin County Consolidated Pool CDBG 7,620 Maple Grove CDBG 3,000 Hopkins CDBG 1,000 Minnetonka CDBG 1,919 New Hope CDBG 1,291 Plymouth CDBG 6,210 Ramsey County CDBG 20,000 Richfield CDBG 5,376 St Paul COPP 11,500 r7r .i ,, Community Shares 4,000 Contributions 20,000 Hotline Training 20,000 Tenant Rights Book 10,000 Interest Income 200 Miscellaneous Income 1,600 Other (Attorney Fees, etc.) 15,000 HOME Line's Tenant Hotline in Edina: 2011 OVERVIEW In 2011, 100 Edina renter households contacted HOME Line for Tenant Hotline Services, making it the 29th (out of 466) most served city by our tenant hotline in Minnesota, accounting for .87% of all of our tenant hotline calls. Over the past 20 years HOME Line has served 1,870 renter households in Edina. The cost to provide these services to Edina residents in 2012 is $3,689. HIGHLIGHTS In 2011, HOME Line helped renters from Edina: • Recover and/or save an estimated $20,098 ($246,560 since 1992).1 • Prevent an estimated 6 evictions (138 since 1992). • Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. • In landlord foreclosures, a significant issue in Edina, the average amount of days stayed after the sheriff's sale by renters we have helped is 180 days, and the average amount of money saved by renters in a landlord foreclosure is $1,187 ($8,309 in 2011). INCOME BREAKDOWN Top Ten Reasons For Calls (2011) 1. Repairs 17 2. Security Deposit 16 3. Eviction 9 4. Break Lease 9 5. Landlord Foreclosure 7 6. Leases 5 7. Rent Increase 4 8. Fees 4 9. Neighbors 4 10. Infestation 3 The vast majority (88 %) of these callers are extremely - low, very low or low income. These income categories Callers' Income 2011 are those used by the U. S. Department of H. U. D.: • Extremely Low: Incomes below 30% of the metro median. • Very Low: Incomes between 30% and 50% of the metro median • Low: Incomes between 50% and 80% of the metro median. • Moderate: Incomes above 80% of the metro median. 1 Based on research completed by a University of Minnesota School of Statistics Ph.D. Candidate. Homes within R7ikhTM January 24, 2011 Joyce Repya City of Edina 4801 West 501h Street Edina, Minnesota 55424 -1394 Dear Joyce; Enclosed for your perusal is West Hennepin Affordable Housing Land Trust (WHAHLT), known as Homes Within Reach (HWR) 2012 Edina CDBG application. We so appreciate the opportunity to submit the application. HWR is seeking financial support to accompany other matching funding resources to create the ninth affordable'home in the City of Edina using the Community Land Trust practice. This application will enable HWR to allow homeownership to be affordable for low to moderate income work -force family, since it removes the market value of the land from the mortgage equation. All of the homes within the resale- restricted domain of the Community Land Trust are designed to remain affordable for low and moderate income.homebuyers (term of lease -99 years) regardless the number of times the home sells. Therefore, we safeguard the community's investment in affordable housing using the ability to sustain long -term affordable homeownership that fulfills a unique need in the community. As of December 31, 2011, HWR has acquired ninety -one properties and sold eighty -eight affordable homes and three resales since its inception in 2002; of which seven properties are located in Edina. The application consists of the fillable form and multiple exhibits - 1 -4; Exhibit 1 outlines the Project Description. Thank you for your past support and we look forward to continuing our partnership in addressing the needs of affordable homeownership housing. If you have any questions, please feel free to contact me at (952) 401 -7071. Sincerely, Janet A. Lindbo Executive Director West Hennepin Affordable Housing Land Trust 952- 401.7071 tel info @HomesWithinReach.org 5101 Thimsen Avenue, Suite 200, Minnetonka, MN 55345 952 - 224.2857 fax 2012 URBAN HENNEPIN COUNTY, CDBG PROGRAM REQUEST FOR FUNDING fi llable form. Use one form per project) A. GENERAL INFORMATION 1. City: Edina 2. Project Name: West Hennepin Affordable Housing Land Trust'(WHAHLT) dba Homes Within Reach (HWR) 3. Primary Contact-Person/ Phone No./Email Janet A. L*dbo, 952- 401 -7071, jlindbo @homeswithinreach.org B. PROJECT DATA 1. CDBG Funding Requested $52,251 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? Yes No 3. Project Location: Address or Citywide Specific address has yet to be determined. HWR will search for a property to acquire based on purchase price, condition of property, location, matching contributions availability and:applicants' needs. 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) Please see Exhibit 1; for detail of proposed activity. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet.. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) ,aM1Pnot s�fi;'� U efXtojindicate. Rental Housing Existing Housing Rehabilitation X First Time Homeownership X Homelessness Special Needs Housing Public Service Neighborhood Revitalization 1 Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) Please see Exhibit 1- outlining project details and the values and benefits to the City of Edina. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2012 and ends December 31, 2013.) Task: Date Task: Date Task: - Date Please refer to Exhibit 4, which provides a generic timeline for the creation of an affordable home using the Community Land Trust. This is based on muliple years of experience in eleven suburban communities in Hennepin County. 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) , FUNDING SOURCES AMOUNT 2012 CDBG $ 52,251 Prior Year CDBG Funding (2011 only) $ Other Federal Funds (specify) HOME $ 50,000 Low Income Housing Tax Credits $ , State (specify) MHFA $ 15,000 Municipal $ Metropolitan Council $ 20,000 Private (specify) $ Other (specify) AHIF $ 20,000 . Project Total $ 157,251 2 Exhibit 1 2012 Edina CDBG Exhibit 1 - Proiect _Descriution REQUEST: West Hennepin Affordable Housing Land Trust (WHAHLT) dba Homes Within Reach (HWR) is seeking a grant of $52,251 to continue the work of offering the Homes Within Reach program in the City of Edina. The purpose of this request is to continue supporting the HWR program in Edina. It is the intent of the proposal to match the CDBG grant funds with monies raised by HWR to acquire a entry-level property in Edina; and in turn, HWR will rehabilitate and sell the home to qualifed applicant earning 50% to 80% of the Area Median Income (AMI) and using HWR's Community Land Trust practice will sustain the home's perpetual affordability. INTRODUCTION: The West Hennepin Affordable Housing Land Trust (WHAHLT) dba Homes Within Reach (HWR) is a Community Land Trust organization, providing long -term affordable homeownership to workforce families in the western suburban communities in Hennepin County; thereby enhancing community vitality by working in partnership with public agencies and private organizations addressing the need for affordable homeownership. The formation of West Hennepin Affordable Housing Land Trust, a non - profit corporation, took place in 2001/2002, the organization began acquiring properties in 2002, and selling the improvements (houses) to qualified low -to- moderate workforce income households. In 2004, WHAHLT introduced to the public the program's name Homes Within Reach (HWR), to better describe the organization's vision, mission and values to the public and its constituents. The establishment of WHAHLT, was in direct response to the founder of the organization, the City of Minnetonka, because of its interest in developing a means of increasing the number of permanent affordable homes for work -force households in Minnetonka and the surrounding communities in the western suburbs of Hennepin County. Thus making efficient use of its financial investment and providing the option of a affordable homeownership to meet the communities' housing goals and objectives. HWR GOAL: HWR goal is to create and preserve affordable homeownership in the western suburbs of Hennepin County through the implementation of the Homes Within Reach program. H The vision is to transform people's lives through homeownership. • The mission is to use the Community Land Trust Practice to provide housing for working families that would be otherwise unable to buy in the West Hennepin suburban communities, and offering both communities and homebuyers the ability to sustain permanently affordable homeownership. • The core values, which guide the organization as it pursues its goal and objectives are: ■ Belief in home ownership ■ Bringing stability into people's lives ■ Creating value for communities and families Edina In 2007, Homes Within Reach began offering its program in Edina and created two affordable homes for workforce families in Edina. To date HWR has acquired seven (7) properties in the community. Our seventh property is being renovated and will be ready to sell to a qualified family in April 2012 and we plan to acquire and sell the eighth home in 2012. Page 1 of 6 The average sales price for the Edina homes using HWR Community Land Trust program over the past four years is $44,861; thereby serving families with an Area Median Income (AMI) of 59 %. Please see the HWR Profile Chart on this page, which provides more detail for the homes acquired and sold in Edina using the Community Land Trust practice. The chart to the right highlights the funds applied to each home in creating and preserving affordable homes in Edina. PROGRAM DESCRIPTION: Exhibit 1 2012 Edina CDBG 100% 80% I ■ HWR 60% Matching 40% Funds 20% 0% ■ City of e, Edina CDBG Funds ti° ti ,yd�' ,yon tio�� The Homes Within Reach Community Land Trust program offers value and benefits to families, by promoting stable families, who work and live in the community that are otherwise unable to purchase a home in Edina. Population served: o HWR's target market is households with incomes at 80% or less of Area Median Income (AMI). Prospective homeowners generally will have household incomes between 50% - 80% AMI. o In practice, HWR has experienced an average AMI of 56% o Average Income for leaseholders is $41,164 HWR Profile: Categories 2002 -2011 HWR Totals 2002 -2011 Edina Comments Total HWR Parcels 91 7 HWR Average Income Served $41,164 $44,861 HWR Area Median Income Served % o 56 /0 o 59 /o Income and family size drives AMI calculation HWR Average Sale Price $125,968 $142,333 HWR Ave Monthly Mortgage $904 $1024 Includes PITI HWR Resale 3 0 Household Size 3.4 3.4 HWR Number Persons Served 303 20 HWR Households 91 6 The 91 includes three resales Number of Communities Served 11 1 How the Community Land Trust Works: HWR creates affordable homeownership in that it removes the cost of land from the purchase price separating ownership of the land from the home (improvements). Hence, HWR acquires single - family properties, retains ownership of the land and sells the homes on the land to qualified income families. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. Please refer to Exhibt 4 & 5 for further detail on how the Community Land Trust works. The homes are made permanently affordable for work -force homeowners through contractual controls embedded in the Ground Lease, even after the resale of the homes. When the HWR homeowner sells their house, HWR retains the ownership of the land. Thus, subsidies to HWR to purchase land, stay with HWR and incorporate perpetual affordability using the community land trust practice. Therefore, the home purchased by HWR applicants using the land trust practice Page 2 of 6 Exhibit 1 2012 Edina CDBG are part of the resale- restricted domain of HWR and will remain affordable for low -to- moderate income households, through one resale after another. HWR homes cost less than market rate homes because HWR homebuyers purchase only the house (improvements) and enter into an agreement with HWR for the use of the land. The land is leased to homeowners through a 99 -year renewable lease that allows the homeowner to secure, long -term rights to the land. The homeowner is responsible for the payment of all real estate taxes on the house and on the land. Two features, permanent housing affordability and subsidy retention create the affordability of the units within the CLT practice. The removal of the market value of the land from the mortgage equation provides initial affordability. Permanent affordability is otained through: ➢ A pricing formula that provides the owner with an amount of equity while ensuring that the resale price of the home is affordable and ➢ A resale restriction that requires the homeowner to sell the house either to another qualified household or to HWR. Therefore, a one -time investment in the cost of the land and other related expenses creates a permanently affordable home. HWR maximizes the effectiveness of the investment in affordable housing while providing the benefits of home ownership to households that are otherwise unable to buy a home in Edina. Overall the program offers value and benefits to the families it serves and the community; in promoting stable families and a strong community through housing and economic growth for all. Please refer to Exhibit 2 for further detail. Method of Approach and Implementation of Schedule: To understand the programs timeline, tasks and objectives, please refer to Exhibit 6. This timeline demonstrates the stages in creating an affordable home beginning with raising additional resources to benefit the award. Following the graph in Exhibit 6 is an outline providing a summary of the program's process and guidelines that will further clarify the timeline. Nonetheless, the list of tasks does not include detail steps, such as income verification and funding requirements; these details not specified in the exhibit are integrated into HWR internal checklists, in all categories. A point of information when reviewing the timeline, the Application Process can take place at anytime, however once a property is located and acquired, many times applicants need to be reapproved for a mortgage, if their pre - approval is more than 60 days old; especially in these times of changing lending requirements. Furthermore, HWR adheres to practices of acquiring not more than 2 -4 properties before successfully executing sales purchase agreements; hence, minimizing holding costs and making the best use of monies to implement the program. As of 12/31/2011, HWR has acquired ninety -one (91) properties, sold eighty -eight (88) homes to qualified families, in addition to three (3) resales. Due to the nature of the acquisition process the 2012 proposed activity, has not yet predetermined a property prior to approving this proposed activity. Properties are typically acquired as opportunities arise due to market conditions and the requirements of the HWR acqusition process. In terms of concentration of HWR homes, they will be scattered throughout the Edina community. One of the acquisition steps prior to making an offer to purchase is the approval of the City. The homes purchased typically fit well within the neighborhoods they are located; therefore, the development of affordable housing when updating and preserving the integrity of the property provokes less neighborhood opposition, since it fits the neighbhorhood character and improves Page 3 of 6 Exhibit 1 2012 Edina CDBG its appearance and condition and continues to revitalize the area. Required repair and rehabiliative work are those activities of rehab that will provide our buyers good operating condition of the home and property, promote a safe environment and permit the reuse of structurally sound buildings, many of which were constructed in a manner that is superior to some of today's housing products. COMMUNITY NEED: Housing Affordability By Occupation, Minnesota, 2009 $eo,000 $70,000 $e0,000 $50,000 --- - - - - -- $40,000 $30,000 $20,000 _ $ 10,000 $o Middle school Registered Retail Food prep teacher nurse salesperson worker — Income needed for median priced home Income needed for median priced apt The cost of housing continues to outpace individual resources; therefore, driving the need of affordable homeownership. Even with the changes in the housing market, the cost of homeownership continues to exceed what workforce families can afford. While the downturn of the economy affecting jobs and the credit market, does not change working families' goal to own their home. The chart on the right was prepared by Minnesota Housing Partnership comparing median earnings across different occupations with income required to afford housing in Hennepin County. As you can see, the income to purchase a home exceeds many of workforce families' incomes. Today, many of the jobs that are available or are being c adequate to afford homeownership in Edina and many of County. In addition, work -force families provide essential sE as custodians, teachers, municipal workers, retail staff, office service representatives, and many more. eated do not pay wages that are the western suburbs of Hennepin rvices within the community, such personal, food prep staff, customer Market conditions have produced reduced selling prices for homes; however, the land component has not experienced such reductions. Matter of fact, the reduction in home purchase prices is offset by the rehab costs due to poor conditions of available properties. Additionally, the economy has reduced incomes, thereby increasing the need for affordable housing. Population: Even with the slowdown of population growth experienced by Hennepin County suburban communities the population is 15% of the state's population. Therefore, based on the prorated share of Minnesota population living in Edina and the surrounding suburban communities, supports the need for affordable homeownership. Job Growth: According to Minnesota Job Outlook to 2019 by the Minnesota Department of Employment and Economic Development, the Minnesota job picture is projected to rebound gradually and regain some of the 124,000 jobs lost in 2009. A major portion of job growth will result from replacement jobs not job growth, due to the retirement of the baby boom generation. However, the state projects an average of 25,000 new jobs will be added annually and this is over and above replacement jobs. There is a need to support homeownership for essential service workers because job growth will continue in years to come, through new positions and job replacements. According to an article Looking Ahead at the Job Outlook by the Minnesota Department of Employment and Economic Development, employment growth in Minnesota is expected to spill into more sectors as the job market continues to improve. Job loss is expected to occur in five of twenty -three sectors. All occupational groups except for construction and extraction group will add jobs. Please see the Figure 3 chart on the following page, Minnesota's Occupational Page 4 of 6 Exhibit 1 2012 Edina CDBG Employment Forecast, prepared by the Minnesota Department of Employment and Economic Development. Personal and homecare aides, combined food preparation and service workers, home health aides and registered nurses are expected to add the most workers. Figure 3 Minnesota's Occupational Employment Forecast (Third Quarter 2010 to Third Quarter 2011) Food Preparation and Serving Related Production office and Administrative Support Personal Care and Service Healthcare Support Healthcare Pract itloners and Technical Business and Financial operations Transportation and Material Moving Computer and Mathematical Sales and Related Management Education, Training, and Library Community and Social Services Building and Grounds Cleaning and Maintenance Architecture and Engineering Arts, Design, Entertainment, Sports, and Media Protective Service Llfe, Physical, and Social Science Installation, Maintenance, and Repair Legal Farming, Fishing, and Forestry Construction and Extraction - 1000.4000 -2700 0 2000 4000 5000 809010000 Number of New Jobs Svurce: Minnesola Department o[Employmmtand Economic 0evd apment. Property Prices: The following chart highlights information from the Realtor Public Policy Partnership for 2005- 2007 and Regional Multiple Listing Service for 2008 and Minneapolis Association of Realtors for 2009 & 2010 for Edina. Compare the 2011 median sales prices with the average sales price of HWR home of $142,333. SOURCE of 2011 Data: Minneapolis Association of Realtors SOURCE of 2010 Data: Minneapolis Association of Realtors SOURCE of 2009 Data: Minneapolis Association of Realtors SOURCE of 2008 Data: Regional Multiple Listing Service SOURCE of 2003 -2007 Data: Realtor Public Policy Partnership In Hennepin County, a family of four with two full -time wage earners needs to earn a combined annual salary of $61,666 to afford the basic cost of living according to the Cost of Living in Minnesota Family Wage & Budget Calculator, JOBS NOW Coalition, 2009. Therefore, lower - income households face affordability challenges when buying a home. Page 5 of 6 Exhibit 1 2012 Edina'CDBG HWR Benefits and Value to the City of Edina: Homes Within Reach is a creditable program with ten years of experience providing scattered site affordable homeownership. Offering communities the opportunity to create and preserve affordable homeownership and enhancing community vitality through collaborating with. public and private organizations to address the dreams, goals, and objectives of working families to own -their own home. The benefits and value of HWR to the City of Edina are broken down into the following four categories. 1. Expands Homeownership Opportunities: The three principal features of the HWR program continue to appeal to the targeted market, they include the cost of homes, the quality of home and their location. Providing along-term practice for families to become homeowners, stablizies families and in turn, adds value to,the community, where they work and or live. 2. Retains Community Wealth: The HWR,program makes maximum. use of existing buildings and the community's infrastructure. The community's infrastructure is a major selling point to the buyer, and in return, the new family provides value and benefits with respect to the following: Y community's growth, _ Y delivery of services, increasing the labor pool available to local businesses, reducing freeway congestion given the opportunity worker can live near their work, 0 adding younger households to . the community where the.; population is often aging and 0 providing the mechanism to invest in affordable housing 3. Enhances Residential Stability: HWR like other CLT organizations support homeowners before and after the purchase of the home. Homeowners are required to attend a homebuyer education class before purchasing their home. Furthermore, HWR continues to support homeowners after they move into their home, especially during times of crisis and change in their lives. In addition, HWR program provides assistance to neighborhoods in maintaining them as they age. With the aging process taking place there is a need to renew the residential base and support the seniors in moving from their detached home to a suitable arrangement. 4. Preserves Housing Affordability: Community Land Trust homes remain affordable between consecutive generations of homeowners. Studies of land trust ownership have found that the income level served remained ,about the same from one homeowner to the next. 1 1 John Emmenus Davis and Amy Demrowitz (2003) Permanently Affordable Homeownership: Does the Community Land Trust Deliver on Its Promise? Page 6 of 6 A is made permanent through the use of a 99 -year renewable Ground Lease The land trust model guarantees that every subsequent homebuyer will be of low -to- moderate income. The investment is never lost. The affordability recycles with each new homeowner. Provides support for first -time homebuyers Exhibit 2 2012 Edina CDBG The Community Land Trust (CLT) is one vehicle that allows homeownership to be affordable for low -to- moderate income workforce families. A Community Land Trust (CLT) establishes affordability by removing the value of the land from the mortgage equation to create initial affordability resulting in savings of principal and interest and in down payment and closing costs. The CLT retains ownership of the land and enters into a 99 -year ground lease with the leaseholder- homeowner. Therefore, each affordable home will offer affordable homeownership to 7 -12 families throughout the life of the lease. The CLT leaseholder- homeowner pays property tax on both the home and the land, and secures the rights to use the land via a Ground Lease. Federal, State, City and private contributions pay to fund the land, development and rehab expenses. Typically, funding covers project costs - land acquisition, buyer assistance, rehab, and holding costs. A CLT ensures permanent affordability of the home through two provisions found in the Ground Lease. ✓ The first is a pricing formula that provides the owner with a fair amount of equity, while ensuring the sale price for subsequent low -to- moderate income households is affordable. ✓ The second provision requires the homeowner to sell either to another low -to- moderate income household or to the CLT. In addition, the provisions ensure the home continues to be affordable with each sale. A CLT leaseholder- homeowner receives benefits similar to non -CLT homeowners such as the ability to build equity, the federal mortgage interest and property tax deduction and the ability to pass on the lease interest and home to their heirs. To summarize a Community Land Trust organization is a - • Nonprofit organization • Formed to hold title to land to preserve its long -term affordability • Receives public and private donations of land or monies, to purchase land on which housing exists or can be built • The homes are sold to low -to- moderate income workforce families • The CLT retains ownership of the land and provides a long -term ground lease to homebuyers to secure their rights to use the land • The CLT retains a long -term option to re- purchase the homes at a formula- driven purchase price when homeowners later decide to sell & move. • Two key components driving the interest in Community Land Trusts are A Social Component: Promoting homeownership for low to moderate income families A Financial Component: Protecting the public's investment in affordable homeownership The following - Chart A provides an example of how a Community Land Trust creates initial and permanent affordability (99 years plus). The example compares the difference in affordability after ten years under the CLT and conventional model 1 Exhibit 2 2012 Edina CDBG Chart A' Chart B: Affordability Com arison CLT Model Conventional Model Acquisition costs Market Value Land I $ 631000 $ 63,000 Market Value Home $ 117,000 $ 117,000 Total $ 180,000 $ 180,000 Subsidy Subsid /Affordabili Gap $ 63,000 $ - Sale Price $ 1171-000 $ 180,000 Housing Costs Princi al and Inter ' $ 816 $ 1,255 Property.Taxes $ 200 $ 200 Mortgage _and Homeowner Insurance $ 135 $ 135 .Land Lease Fee $ 30 n/a Total Monthly Principal, Interest, Taxes, Insuri $ 1,181 $ 1,590 Down Payment $ 5,850 $ 9,000 Closing Costs $ 2,779 $ 4,275 Market Value After 10 Years Market Value Home $ 157,238 n/a Market Value Land and Home n/a $ 241,905. Increase in Val z $ 40,238 $ 61,905 Sale Price Calculation after 10 Years Percentage of Appreciation to Owner 35% 100% Owners Share of Appreciation $ 14,083 $ 61,905 New Sale Price of Home 1 $ 131,083 $ 241,905 1 Mortgage Interest Rate 8 %, Term 30 years, Loan to value 95% 2 JAnnuai average increase in market value 3% Chart A demonstrates that after ten years, the CLT home sells for $131,083 as opposed to $241,905 under the conventional model, a difference of $110,822. There are two primary factors to account for this difference. First, the land has been permanently removed from the speculative market. Secondly, the homeowner receives only a percentage of the appreciation of the home when they decide to sell. In the above example, the owner receives 35% or $14,083, based on a formula that is standard among CLTs (25 -35 %) across the United States, where the homeowner receives only a portion of the appreciation in order to make the home affordable for each subsequent sale. The Community Land Trust homes provide an excellent opportunity and value for workforce families to purchase a quality home for an affordable price. In addition, it reduces the pressure to build either new housing by preserving existing affordable homes or converting existing housing to workforce housing. The CLTs assist communities in their endeavor of stabilizing the community as it ages. Many of the communities the CLTs serve are providing lifecycle opportunities for community renewal. With the aging process taking place, there is a need to renew the residential base. These opportunities not only include supporting the current residents in their aging process, a lifecycle process, but it includes enabling newcomers and families to join the community and revitalize the housing inventory and support the investment in the delivery of the community's infrastructure. 2 Exhibit 3 2012 Edina CDBG Equity Resale Provisions: The home purchased by HWR applicants in Maple Grove using the land trust practice will be part of the resale- restricted domain of WHAHLT - HWR and will remain affordable for low- moderate income households, through one resale after another, and continue to serve homebuyers without the need of additional subsidies, regardless the number of times the home sells (99 -198 years). The Ground lease (executed between WHAHLT -HWR and the homeowner) protects the assets of the land by providing the land trust certain rights to safeguard the condition and affordability of the home. HWR homes cost less than market rate homes because HWR homebuyers purchase only the house and enters into an agreement with WHAHLT- HWR for the use of the land. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. Given that WHAHLT -HWR owns the land and the homeowner owns the home, the homeowner and WHAHLT -HWR sign a long -term legal document called a Ground Lease that defines the roles and responsibilities of both WHAHLT - HWR and the homeowner. The Ground Lease allows the homeowner to secure, long -term rights to the land. The homeowner is responsible for the payment of all real estate taxes on the house and on the land. The homeowner may sell his /her home only to a qualified buyer or WHAHLT - HWR. The resale price is limited by a formula which more then likely (based on market conditions) allows the seller to recover the original cost of the house plus a modest profit. Therefore, assuming the house has retained or increased in value, the homeowner who sells his or her home will get all of their equity (the amount of money that they used as a down payment as well as the entire principal paid to that point in time). In addition, to a percentage (35% for WHAHLT) of the home's appreciation (the amount that a home has increased in value since it was purchased). Please see the attached - How the Community Land Trust Model Works - Exhibit 2 Exhibit 4 2012 Edina CDBG T IBM MIMI. IN m MINE IMIN N MENOMINEE 0 cm�• OMEN IN ■ NONE 011MINEMEMMEMINIMIN ■IMIMMINIMEM IN MEMNON NINE m- MENEM ■ I so. oil 1 0.-0 1111■ ■,..■......■■.a■IMMINIMEMIN 'IMMIMEMIM MONEEMEN' MINIM 010110011010010101 • MENNEN -WE110100101010101 . • ' . • ' ■■■■■■■■■■_ ■No NIETRUVROINF-11m I Rommommom Closing - coordination with funders, buyers, closer Pagel of Exhibit 4 2012 Edina CDBG 1. Attendance by prospective applicant to a HWR Informational Meeting 2. Submission of HWR application with required financial attachments. a. Applicant meet with CAPSH regarding credit reports, sign wavier for HWR to receive copy b. HWR orientation and compliance with qualifications and criteria c. Applicant meet with HWR staff to review credit reports and assist in meeting qualifications and finalize income verification to ascertain eligibility and determine work plan to be credit worthy to meet with loan officer d. Attendance of a Home Stretch Class sponsored by Minnesota Homeownership Center is required. This education is to provide basic tools to move through the process and own a home. e. Participation in the interviews and working sessions with HWR staff f. Income verification of eligibility per HOME regulations g. Select lender from approved list of CLT lenders and process application h. Pre - approval from one of six lending institutions, Bremer Bank, Fairview Mortgage, Residential Mortgage Group, US Bank and Wells Fargo Acquisition & Rehab 3 -6 months 1. Property Search a. Criteria to Real Estate Agent based on application pool /profile realtor previews b. Inspects multiple properties before selecting one to continue the process i. Initial Inspection - Property Search Criteria ii. Location 1. Scattered site 2. Neighborhood setting with close proximity to services c. Key areas of inspection i. Adequately functioning plumbing ii. All wells and private sewage system approved by government authority iii. Amp service (min 100 amps) iv. Condition of exterior - siding, soffits, roof, chimmeny stack, P- 2 of 5 Exhibit 4 2012 Edina CDBG v. Foundation /Structural Integrity vi. GFIs in kitchen, baths and garage and grounded circuits for all appliances vii. Ventilation in kitchen and all bathrooms viii. Insulation, doors & windows (Blower Test) ix. Lead base paint - exterior and interior x. Mechanical HVAC system and hot water heater xi. No hazardous wiring_ or fixtures xii. Radon Testing xiii. Water intrusion d. Property Selection i. Research Hennepin Property Information ii. Create Preliminary Project Budget to determine if acquisition is feasible iii. Determine affordability gap & funding sources. iv. Acquisition Approval from City v. Initial Offer: Decision Point e. Purchase Offer of Selected. Property (foreclosed properties take additional time) i. Multiple offers in negotiating initial purchase price prior to the contingency period. ii. If Applicable: Counter Offer iii. Offer - Accepted / Not Accepted iv. Execute Purchase Agreement if land funded by HOME or CDBG - prepare, 1. Non - profit Purchase Letter and 2. Seller Acceptance of Voluntary Offer v. Execute Purchase Agreement (PA) f. Due - Diligence Period - PA Contingency Period i. Includes at least three levels of inspections 1. WHAHLT Contractor 2. House Masters 3. Hennepin County 4. Other - depending on initial inspection g. Determine Rehab /Construction Requirements using the three inspections i. Complete HWR.Inspection Form ii. Request and Finalize Line of Credit for acquisition Page 3 of 5 Exhibit 4 2012 Edina CDBG iii. Finalize Offer and Remove Contingencies if appropriate or renegotiate price or release the PA iv. Implement Pre - closing Action Items v. Pursuant to HWR Property Acquisition Checklist vi. Acquire Property vii. Pursuant to required real estate transaction - law and lending practices viii. When using Home - AHIF -CDBG funds, schedule closing date 60 days from the date of PA execution due to Environmental & SHPO Review h. Post Purchase Action Items L Ready the property to move to the Selling Home Process & Procedures and Application Checklists. ii. During the selling /selection process, a qualified family is approved and rehab /repair work has begun on the home and completed prior to selling the home. iii. Identify and perform rehabilitation work that is necessary to make the acquired homes hazard free and safe and ready the home for sale to a qualified homebuyer. Rehab process includes but is not limited to: 1 -3 months i. Inspections ii. Preparation of inspection report iii. Determine scope of work and cost estimates iv. Determine rehab work plan, provide written specifications v. Negotiate and execute scope of work - proposal /contract vi. Commence and complete work vii. Contractor presents to WHAHLT /HWR invoice for work with all permits and required inspections viii. Final inspection of work completed with permits /approvals and lien waivers ix. WHAHLT /HWR makes payment to contractor During the selling /selection process, a qualified family receives approval by HWR and a preliminary approval by the lending institution and rehab /repair work has begun on the home and completed prior to selling the home. 1. HWR supervises the process to sell the home using the Community Land Trust practice and the funding requirements and if HOME, CDBG or AHIF monies are used the HOME requirements are applied and followed. Pape 4 of 5 Exhibit 4 2012 Edina CDBG a. Mortgage application and request pre - approval for a mortgage b. HWR Resident Committee Interview c. Selection of Property - show and select a home by:a qualified applicant with a mortgage pre - approval by an approved CLT lender d. Execution of PA and all attachments and riders necessary e. Applicant Inspection of home f. Applicant- typically is required by lending institution to have a third party inspection: and HWR encourages the applicant to engage in a third party inspection- even if it is not required. g. Attorney review of documents (including the ground lease) and review with prospective homebuyer h. Closing transaction i. Selling of the home improvements - submitting documentation to HOME and AHIF for verification and covenants j. Execution of the ground lease and mortgage Page 5 of 5 2012 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. City: EDINA 2. Project Name: REHABILITATION OF PRIVATE PROPERTY 3. Contact Person/ Phone No. JOYCE REPYA 952/826 -0462 B. PROJECT DATA CDBG Funding Requested S 41,491 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? X Yes 3. Project Location: Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) This project provides rehab loans for income eligible Edina homeowners of single dwelling unit properties to make structural improvements to their homes. Edina has funded this project since year 1 of the CDBG program, and depends on this program to maintain the safety and upkeep of its housing stock. Administration of this project is pursuant to Hennepin County Rehab guidelines. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priorities Use X to indicate Rental Housing Existing Housing (Rehabilitation) X First Time Homeownership Homelessness - prevention Special Needs Housing Public Service Neighborhood Revitalization Transportation Services 1 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The City anticipates assisting four or more eligible Edina homeowners to make structural improvements to their homes. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2012 and ends December 31, 2013.) Task: Rehab Homes Task: Task: Date 7/12 —12/13 Date Date 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $41,491 Prior Year CDBG Funding (for this project) $55,214 Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Municipal $ Metropolitan Council $ Private (specify) $ Other (specify) $ Project Total $96,705. 2 ��' a W)� cn H�v C �y • 1��1B8B ��0� REPORT /RECOMMENDATION To: MAYOR AND COUNCIL /HRA Agenda Item Council VI. C. HRA III. From: Scott Neal ® Action City Manager F-1 Discussion Information Date: February 21, 2012 Subject: Modification To The Redevelopment Plan For The Southeast Edina Redevelopment Plan And The Proposed Modification To The Tax Increment Financing Plan For The Centennial Lakes Tax Increment Financing District (County No. 1203) — City Council Resolution No. 2012 -31 ACTION REQUESTED: City Council Action: Approve Modification To The Redevelopment Plan For The Southeast Edina Redevelopment Plan And The Proposed Modification To The Tax Increment Financing Plan For The Centennial Lakes Tax Increment Financing District (County No. 1203) — Resolution No. 2012 -31 HRA Action: Approve Modification To The Redevelopment Plan For The Southeast Edina Redevelopment Plan And The Proposed Modification To The Tax Increment Financing Plan For The Centennial Lakes Tax Increment Financing District (County No. 1203) — HRA Resolution No. 2012 -03. INFORMATION /BACKGROUND: Staff identified the Centennial Lakes Tax Increment Finance (TIF) District as a potential source of funding for potential public costs of the future orderly development of the Grandview District, and of other areas of the city that are described as "areas of future change" in the Comprehensive Plan. At the request of City Council, acting in its capacity as the City's Housing4 & Redevelopment Authority, staff and consultants have prepared the necessary background documents and initiated the appropriate public process for the City Council to consider a proposed modification to the Redevelopment Plan for the Southeast Edina Redevelopment Plan and a proposed modification to the Tax Increment Financing Plan for the Centennial Lakes Tax Increment Financing District. If approved, the proposed expansion of the Redevelopment Project Area (the geographic area where the City is authorized to spend funds from the Centennial Lakes TIF District) will include an area that stretches from the southeast corner of the City north to the 50th & France and 44th & France commercial nodes, west to the 70th & Cahill commercial node, and northwest to include the nodes at Valley View & Wooddale and the Grandview District. On January 24, 1 met with the Steering Committee of the Morningside Neighborhood Association to answer their questions and consider their suggestions about the proposal. After the meeting, the steering committee voted to support two recommendations. If the Redevelopment Project Area is expanded, the steering committee recommended that: 1. The project area boundaries be drawn to exclude all currently zoned R -1 parcels in the Morningside Neighborhood; and, 2. The expansion be conditioned on or include a guarantee of a public process to complete a small area plan for the neighborhood commercial area at 44th & France /Sunnyside & France. I have attached a copy of January 26 email communication from Jennifer Janovey to me that provides additional context and details about the MNA's recommendations. The conversation with the MNA was valuable because it gave me some insights into their neighborhood's concerns about the proposal. Their concerns included concerns about the potential use of eminent domain, the potential for this proposal to incent a redevelopment plan for the neighborhood before a small area, plan process was completed and a generalized worry that the proposal may not be a desirable thing for the future of their neighborhood. In response to the concerns that I heard from members of the MNA, I have prepared three additional alternatives for the proposed expansion area of the Redevelopment Project Area (RPA): Alternative 1: Expands the current RPA to include Grandview, 70th & Cahill, Valley View and Wooddale, and 50th & France. It does not include 44th & France. Alternative 2: Expands the current RPA to include Grandview, Valley View & Wooddale and 50th & France. It does not include 44th & France or 70th & Cahill. Alternative 3: Expands the current RPA to include Grandview and most of Valley View & Wooddale. It does not include 50th & France, 70th & Cahill or 44th & France. If the Council wishes to narrow the geographic area of the proposed expansion of the Redevelopment Project Area, it could select one these three alternatives, or a variation of one. RECOMMENDATION: The proposal to expand the Redevelopment Project Area of the Centennial Lakes TIF District to include the Grandview District is based on the belief that there are uncommitted redevelopment funds available in the Centennial Lakes TIF District that could be valuable to the City to incent the private redevelopment of the Grandview District. By sourcing the City's potential public financial support of the Grandview Redevelopment from the Centennial Lakes TIF District, the City can accomplish two positive development /financial outcomes: 1. Enables a wider scope of possible redevelopment scenarios because a future Grandview TIF District will not need to depend so strongly on commercial density in order to create sufficient TIF revenues to fund public infrastructure improvements; and, 2. Current taxpayers are protected because the City has its redevelopment capital in hand, which negates the risk and costs of future infrastructure investment borrowing. For the past two years, the Centennial Lakes TIF funds have been shown in the City's HRA Budget as being connected to future road and bridge improvements in the current project area. I would characterize the association of the TIF funds with the projects in the 2012 -2013 City Budget and the 2012 -2016 Capital Improvements Plan (CIP) as "place- holders ". The purpose of the place - holder status is to make sure that staff, Council Members and the public are aware of the TIF revenues as a matter of budgetary transparency. The TIF funds are not committed to any current project(s) that have been authorized by the City Council for a feasibility report or public bidding process. With regards to the Morningside Neighborhood's recommendations, I believe the City should acknowledge their concerns. There are no current redevelopment plans under City regulatory review for the 44th & France area. I am not aware of any current formal or informal discussions about redevelopment in the area that would require public financial assistance. If there isn't an identified need for the RPA to be expanded to Morningside, and the neighborhood has concerns about its proposed expansion there, I recommend the Council decrease the size of the proposed expansion of the RPA so that it does not include the 44th & France area. If there should be a need for redevelopment assistance for a project in the neighborhood in the future, the City could consider an expansion of the RPA at that time. If the Council approves the expansion of the Redevelopment Project Area, it will not cause any immediate changes to the City. It will not relax any of the City's regulatory processes or controls. It will not change the City's Comprehensive Guide Plan or Zoning Ordinance. It will not, in and of itself, cause the redevelopment of anything. The expansion of the Redevelopment Project Area will, however, provide the City with an important tool to finance public infrastructure which may be the key to the future redevelopment of Grandview. I recommend the City Council approve the requested action on this matter. Scott Neal 7rom: Jennifer < rjmeyovy@comcast. net> Sent: Thursday, January 26, 2012 9:43 AM To: Scott Neal Cc: Karen M. Kurt; Cary Teague Subject: meeting follow up Attachments: edina_zoning_new_20120124.pdf; ATT4632255.htm Scott, Thank you for meeting with MNA steering committee members last night to discuss the proposed expansion of the Centennial Lakes TIF District project area. We all very much appreciated the time you took to meet with us. The proposed expansion would encompass a large part of the Morningside neighborhood. It would include an unspecified number of R -1 parcels not noted as potential areas of change in the Comprehensive Plan. The proposed expansion would also encompass the neighborhood commercial area at 44th & France /Sunnyside & France. This commercial area is noted as a potential area of change in the Comprehensive Plan (p. 4 -31). After consideration of the information presented, the steering committee voted to support two recommendations. If the project area is expanded, the steering committee recommends that: The project area boundaries be drawn to exclude all currently zoned R -1 parcels, in Momingside.* The expansion be conditioned on or include a guarantee of a public process to complete a small area plan for the neighborhood commercial area at 44th & France /Sunnyside and France. The attached zoning map shows detail of this area. The steering committee will notify the neighborhood through our email distribution list of the upcoming public hearing and include links to information available on the City's website and an explanation of our recommendations. Please know the steering committee does not speak for the neighborhood. Residents will be encouraged to become informed and weigh in as they choose. Thank you again for meeting with the steering committee. Please let me know if you have any questions. Jennifer *Geographic boundaries of Momingside (historic boundaries of Village of Momingside, from NINA Bylaws): The geographic boundaries of the neighborhood are: on the east, France Avenue; on the north, W. 40th Street; on the west, Natchez Avenue to 41 st Street, and west of Oakdale Avenue from W. 42nd Street to W. 44th Street; on the south, south of Sunnyside Road from France Avenue to Grimes Avenue, and south of W. 45th Street from Grimes Avenue to Wooddale Avenue. http: // gis.logis.org /edina /zoning_new/ Zoning S��;L "t uJrc]E; fiiU6 *C� `�GdrCt� Lgryp It r• {,r �.., fiCSU�'� Mar,_ `ofttent,s _ B 5�ED_Zoning ±i City Limit .*^3° —Vi street—Names House Numbers E8 (Zoning (Click + to See Legend) ■APD (Automobile Parking District) ❑MDD -4 (Mixed Development District -4) EMDD -5 (Mixed Development District -5) ,;MDD -6 (Mixed Development District -6) ■PCD -1 (Planned commercial District -1) - ,PCD -2 (Planned commercial District -2) PCD -3 (Planned commercial District -3) _i7PCD -4 (Planned commercial District -4)) ❑PID (Planned Industrial District) I EPOD -1 (Planned Office District -1) `POD -2 (Planned Office District -2) ■PRD -1 (Planned Residential District -1) OPRD -2 (Planned Residential District -2) ❑PRD -3 (Planned Residential District -3) 1IPRD -4 (Planned Residential District -4) 3'PRD -5 (Planned Residential District -5) I MPSR -4 (Planned Senior Residence -4) 0111-1 (Single Dwelling Unit District) 2911-2 (Double Dwelling Unit District) ERMD (Regional Medical District) Condos ? E ❑ State Aid Streets i Hj �Lv' Streets 1 gCreeks i Lakes I «° Parks sp Lc�enrl City of Ed "71 n.: _ des 't •ie r-- F—` —1 s ` -1 -__€ 1/24/12 8:42 PM 491�1�j, o e 11� J .3 Amendment to Centennial Lakes TIF District Alternative 1 Q Centennial Lakes TIF District ® Southeast Edina Project Area Modified Project Area N W +E S Engineering Dept. January, 2012 �\ /y v a Amendment to Centennial Lakes TIF District Alternative 2 Centennial Lakes TIF District Southeast Edina Project Area Modified Project Area N W +E S Engineering Dept. January, 2012 > < i �iu LLJ z < -E 76TH ST IN 'T' i oil ;74 mill HUNW.41111 Amendment to Centennial Lakes TIF District A Alternative 3 N 0 =1 Centennial Lakes TIF District w + E Southeast Edina Project Area S Modified Project Area Engineering Dept. January, 2012 RESOLUTION NO. 2012-31 CITY OF EDINA HENNEPIN COUNTY STATE OF MINNESOTA City of Edina RESOLUTION ADOPTING A MODIFICATION TO THE SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND TAX INCREMENT FINANCING PLAN FOR CENTENNIAL LAKES TAX INCREMENT FINANCING DISTRICT. Council member adoption: introduced the following resolution and moved its BE IT RESOLVED by the City Council (the "Council ") of the City of Edina, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. The Board of Commissioners (the "Board ") of the Edina Housing and Redevelopment Authority (the "HRA ") and the City have heretofore established the Southeast Edina Redevelopment Project Area (the "Project Area ") and adopted the Redevelopment Plan therefor, and have also established, within a portion of the Project Area Centennial Lakes Tax Increment Financing District (the "TIF District ") and approved a Tax Increment Financing Plan ( "TIF Plan ") for the TIF District. It has been proposed that the HRA and the City adopt Modifications to the Southeast Edina Redevelopment Project Area Plan and Tax Increment Financing Plan (the " Modifications ") for the TIF District, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act ") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The HRA and the City have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Hennepin County, Independent School District No. 271 and Independent School District No. 280, having taxing jurisdiction over the property to be included in the TIF District, a review of and written comment on the Modifications by the City Planning Commission on January 25, 2012, approval of the Modifications by the HRA on February 21, 2012, and the holding by the City of a public hearing upon published notice as required by law. 1.04. The HRA and City are modifying the boundaries of the Project Area. Section 2. Findings for the Modifications 2.01 The Council hereby reaffirms the original findings for the TIF District: (i) When the TIF District was established, Centennial Lakes Tax Increment Financing District was established as a redevelopment district. City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 - 826 -0379 Resolution No. 2012 -31 Page 2 (ii) The redevelopment that occurred in the District described in the. Modifications was not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. (iii) Additional redevelopment in the Project Area would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. (v) The Modifications conform to the general plan for the redevelopment of the City as a whole. (vi) The Modifications will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project Area by private enterprise. Section 3. Public Purpose 3.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help provide a range of additional redevelopment opportunities, including the public and private improvements, and will result in stabilizing and increasing the tax base. These public purposes and benefits exceed any benefits expected to be received by private developers, who will receive assistance only in the amount needed to make each proposed development financially feasible. Section 4. Approval and Adoption of the Modifications 4.01. The Modifications are hereby approved, and shall be placed on file in the office of the Executive Director. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 4.02. City staff is authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 4.03. City staff; the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor Resolution No. 2012 =31 Page 3 STATE OF MINNESOTA), COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February . 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS.my hand and seal of said City this day of 2012. City Clerk RESOLUTION NO. 2012-3 w9t��l1L EDINA HOUSING AND REDEVELOPMENT AUTHORITY ow a CITY OF EDINA , COUNTY OF HENNEPIN STATE OF MINNESOTA City of Edina RESOLUTION ADOPTING A MODIFICATION TO THE SOUTHEAST EDINA REVELOPMENT - PROJECT AREA AND TAX INCREMENT FINANCING PLAN FOR CENTENNIAL LAKES TAX INCREMENT FINANCING DISTRICT. WHEREAS, it has been proposed by the Board of Commissioners ( "Board ") of the Edina. Housing and Redevelopment Authority ('HRA "). and the City of Edina ( "City ") that the HRA adopt a Modification to the Southeast Edina Redevelopment Project Area and a Modification: to the Tax Increment Financing Plan (the "TIF Plan ") for Centennial Lakes Tax Increment Financing District ( "TIF District'') (collectively the "Modifications ") therein, all pursuant to. and in conformity with applicable . law, including :Minnesota Statutes, Sections 469:001 to 469.047 and Sections 469.174 to, 469.1799, inclusive, as amended (the "Act "), all as reflected in the Modifications and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the Modifications and has caused the Modifications to be prepared; and WHEREAS, the HRA has performed all actions required by law.to be performed prior to the adoption of the Modifications. The HRA has also requested the City Planning Commission to provide for review of and' written comment on Modifications and that the City Council schedule a public hearing on the Modifications upon published notice as required by law: NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby makes all the findings .regarding the TIF District that are set forth in the Modifications, including the affirmation that the TIF District remains a redevelopment district in' accordance with the original findings in the TIF Plan dated March 7, 1988. 2. The purpose of the Modifications is to expand the boundaries of the Southeast Edina Redevelopment Project Area (the "Project Area "), to authorize the use of tax increment .to acquire property in the Project Area, facilitate budget modifications and to bring.the TIF Plan for the TIF District into compliance with the most recent State Auditor's requirements. 3. The City is not modifying the boundaries or extending the term of the TIF District. 4. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Modifications, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Directors. City Hall 952 -927 -8861 4801 WEST 50TH STREET FAX.952- 826 =0390 TTY 952- 826- 0379 EDINA, MINNESOTA, 55424 -1394 www.cityofpdina.com HRA Resolution No. 2012 -03 Page 2 5. Upon approval of the Modifications by the City Council, the Executive Director is authorized and directed to forward a copy of the Modifications to the Hennepin County Auditor, the 6. Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Approved by the Board of Commissioners of the Edina Housing and Redevelopment Authority this 21St day of February, 2012. Attest: Scott H. Neal, Executive Director James B. Hovland, Chair STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF EXECUTIVE DIRECTOR I, the undersigned duly appointed and acting Executive Director for the Edina Housing and Redevelopment Authority, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina Housing and Redevelopment Authority at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of Executive Director 4 I, As of February 1, 2012 Draft Modification to the Redevelopment Area Plan for the Southeast Edina Redevelopment Project Area Edina Housing and Redevelopment Authority City of Edina Hennepin County State of Minnesota Adopted: Modification No. 1 Adopted: Modification No. 2 Adopted: Modification No. 3 Adopted: Modification No. 4 Adopted: Modification No. 5 Public Hearing: Modification No. 5 Adopted: September 29, 1977 May 6, 1985 August 19, 1985 June 15, 1987 March 7, 1988 February 21, 2012 This document is in draft form for distribution to the County and the School District. The City and the HRA may make minor changes to this draft document prior to the public hearing. Prepared by: EHLERS & ASSOCIATES, INC. IS EHLERS 3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105 (651) 697 -8500 fax: (651) 697 -8555 www.ehiers- inc.com Table of Contents (for reference purposes only) Section 1- Municipal Action Taken ................................................... ............................1 -1 Section2 - Introduction .................................................................... ............................... 2 -1 Section 3 - Redevelopment Plan for Southeast Edina Redevelopment Project Area ...................... ............................... 3 -1 Subsection 3 -1. Definitions ....................................................................... ............................3 -1 Subsection 3 -2. Statutory Authority ....................................................... ............................... 3 -2 Subsection 3 -3. Statement of and Finding of Public Purpose ................ ............................3 -3 Subsection 3 -13. Property Acquisition ....................:................................. ............................3 -6 Subsection 3 -14. Modification of the Redevelopment Area Plan and /or Southeast Edina Redevelopment Project Area ............................ 3 -7 Subsection 3 -15. Description of Boundaries-of Southeast Edina Redevelopment Project Area ..................................... ............................... 3 -7 AppendixA ......................................................................................... .................. .............. A -1 AppendixB ......................................................................................... ............................... B -1 Subsection 3 -4. Statement of Objectives .............................................. ............................... 3 -4 Subsection 3 -5. Statement of Public Facilities and Costs to be Financed ......................... 3 -5 Subsection 3 -6. Funding of Developments and Redevelopments ...... ............................... 3 -5 Subsection 3 -7. Environmental Controls .............................................. ............................... 3 -5 Subsection 3 -8. Proposed Reuse of Property ......................................... ............................3 -5 Subsection 3 =9. Open Space to Be Created ........................................ ............................... 3 -6 Subsection 3 -10. Administration and Maintenance of the Southeast Edina Redevelopment Area ........................................ ............................... 3 -6 Subsection 3 -11. Rehabilitation .................................................................. ............................3 -6 Subsection3 -12. Relocation ................................................ : .................................................. 3 -6 Subsection 3 -13. Property Acquisition ....................:................................. ............................3 -6 Subsection 3 -14. Modification of the Redevelopment Area Plan and /or Southeast Edina Redevelopment Project Area ............................ 3 -7 Subsection 3 -15. Description of Boundaries-of Southeast Edina Redevelopment Project Area ..................................... ............................... 3 -7 AppendixA ......................................................................................... .................. .............. A -1 AppendixB ......................................................................................... ............................... B -1 Section 1 - Municipal Action Taken Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's, development objects as set forth in the Redevelopment Plan, the City Council has created, established and designated the Southeast Edina Redevelopment Plan pursuant to and in ,accordance with the requirements of Minnesota Statutes, Section 469.001 to 469.047. The original and amended Southeast Edina Redevelopment Plan documents and amendments have designated the Southeast Eding Redevelopment Plan as 'a redevelopment project and also a tax increment financing plan for tax,increment districts created prior to 1988. The Centennial Lakes Tax Increment Financing. District was created in 1988 pursuant to Tax Increment Financing�Plan 88 -1, which was subsequetly renamed the Centennial Lakes Tax Increment District and; referred to by Hennepin County as District #1203 and #1249. For purposes of clarification, this modification will refer to the Southeast Edina Redevelopment Plan as the Southeast Edina Redevelopment Project Area Plan pursuant to Minnesota Statutes 469.002. The following municipal action has been taken with regard to the Southeast Edina Redevelopment Project Area Plan: September 29, 1977: The Housing and Redevelopment Authority of Edina (the "HRA ") approved the Southeast Edina Redevelopment Plan. October 5, 1981: The Southeast Edina Redevelopment Plan was amended to identify project costs and bonded indebtedness incurred to finance those costs. May 6, 1985: The HRA and the City approved an amendment to the Southeast Edina Redevelopment Plan which includes the establishment of an interest reduction program and enlarges the project area to include the "1985 Project Area." August 19, 1985: The HRA and the City approve d the First Amendment to the 1985 Amendment to the Southeast Edina Redevelopment Plan to enlarge the 1985 Project Area and to authorize the issuance of additional bonds to acquire land within the enlarged 1985 Project Area. 1987: The HRA and City approved the 1987 Amendments to the Southeast Edina Redevelopment Plan to enlarge the project area to include the 1987 Project Area. 1988: The HRA and City approved the 1988 Amendments to the Southeast Edina Redevelopment Plan provides and Interest Reduction Program in the amount of $2,500,000 to assist in the financing and construction of housing units, and authorizes the HRA and City to incur bonded indebtedness. February 21, 2012: The HRA and City expand the Southeast Edina Project Area as can be seen in Appendix A. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 1 -1 Section 2 - Introduction The HRA and City Council previously established a redevelopment plan and a redevelopment project designated as the Southeast Edina Redevelopment Plan pursuant to Minnesota Statutes, Sections 468.001 through 469.047, inclusive, as amended, in an effort to encourage development and redevelopment of certain areas within the City. Prior plans have referred to both the redevelopment project and the redevelopment plan as the "Southeast Edina Redevelopment Plan". For purposes of clarification, this Modification No. 5 to the Southeast Redevelopment Plan will refer to the redevelopment project as the "Southeast Redevelopment Project Area" or "Redevelopment Area" and the redevelopment plan will be referred to as the "Southeast Redevelopment Area Plan" or "Redevelopment Plan". The purpose of this Modification No. 5 to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area is to accomplish the following: 1. Expand the boundaries of the Southeast Edina Redevelopment Area to include the property shown in Appendix A. 2. Reflect the City's significant growth and planning efforts that have occurred since the original Redevelopment Plan was adopted on September 29, 1977. Furthermore, the City has identified several areas in the City that are in need of redevelopment or intensified development to achieve the community development goals of the City. This Modification No. 5 addresses the City's updated goals for a variety of land uses, including low to moderate income and elderly housing, mixed -use development, and commercial nodes within the City. In particular, the City's updated goals include improvements to public roads, streets, transit, bicycle, and pedestrian connections to make the areas of the city containing multi - family housing, and mixed -use or commercial development accessible to all modes of transportation. Modification No. 5 to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area is comprised of Section 3 (subsections 3 -1 through 3 -15) which replaces in its entirety the original Redevelopment Plan. The prior documents, including modifications to the original Redevelopment Plan, are attached as Appendix B for reference only. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 2 -1 Section 3 - Redevelopment Plan for Southeast Edina Redevelopment Project Area Subsection 3 -1. Definitions The terms defined below shall, for purposes of this Redevelopment Plan, have the meanings herein specified, unless-the context otherwise specifically requires. "HRA" means the,Edina Housing and Redevelopment Authority. "City" means the City of Edina. "City Council" means the City Council of the City of Edina. "Comprehensive Plan" means the documents which contain the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. "County" means Hennepin County, Minnesota. "Enabling Act" means Minnesota Statues, 469.001 to 469.047, as amended and supplemented from time to time. "Redevelopment Area" or "Redevelopment Project Area" means the real property .within the City constituting the Southeast Edina Redevelopment Project Area, as described in the Redevelopment Plan, and which constitutes a redevelopment project pursuant to Minnesota Statutes 469.002. "Redevelopment Plan" means this Redevelopment Plan for Southeast Edina Redevelopment Project Area, as initially proposed, and as; it shall be modified. "HRA Act" means Minnesota Statutes, Section 469.001 through 469.047. "Land ,Use Regulations" means all federal, state and local laws, rules, regulations, ordinances, and plans relating to or governing the use of development of Wand in the City, including but not limited to environmental, zoning and building code laws and regulations. "Public Costs" means the costs set forth in the Tax Increment Financing Plan, and any other costs eligible to be financed by Tax Increments under the TIF Act, HRA Act or the - Municipal Development District Act. "Public Improvements" means the public improvements described in the Redevelopment Plan and Tax Increment Financing Plan. "Southeast Redevelopment Area Plan" means the Redevelopment Plan. "Southeast Redevelopment Plan" means the redevelopment project and the redevelopment plan initially adopted by the HRA and City Council on March 7, 1988 and subsequently modified.. In this modification the term "Southeast Redevelopment Plan" has been replaced with "Southeast Redevelopment Project Area" when referencing the redevelopment project area, and the "Southeast Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -1 Redevelopment Area Plan" when referencing the redevelopment area plan. "Southeast Redevelopment Project,Area" means the Redevelopment Area. "State" means.the State of Minnesota. ."!Tax Increment Bonds" means any tax increment bonds or notes issued by the City to finance the Public Costs as stated iii-the Redevelopment Plan for the Southeast Edina Redevelopment Project Area acid in the Tax Increment Financing Plans, and any obligations issued to refund such bonds. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, inclusive, as amended. "Tax Increment Financing District" means any. tax increment financing district presently established or to be established in the future in Southeast Edina Redevelopment Project Area. "Tax Increment Financing Plan" or "Plan" means the Plans adopted by the HRA or City for any Tax Increment Financing District. Subsection 3 -2. Statutory Authority The Enabling Act authorizes the HRA, upon certain public purpose findings by the HRA and City, to establish and designate development and redevelopment projects within the City and to establish, develop and administer redevelopment plans therefore to meet the needs and accomplish the public purposes specified in Statement of and Finding pf Public Purpose. In accordance with'the purposes set forth in the Enabling Act, the HRA and City have established the Redevelopment Project comprising the area described on the attached Exhibit A and has adopted this Redevelopment Plan therefore. Within the Southeast Edina Redevelopment Area, the HRA and City have created tax increment financing districts established pursuant to the Tax Increment Act to finance the public and private improvements proposed for the Redevelopment Area. The public improvements may be initially financed from other City sources, including, but not limited to the use of improvement bonds issued pursuant -to Minnesota Statutes, Chapter 429, which sources the City may, reimburse from tax increment proceeds derived from tax increment districts created with the Southeast Edina Redevelopment Area. Any future tax increment district will be created at such time as will enablethe HRA and City to capture the increase in taxable value of private improvements to be constructed within the Southeast Edina Redevelopment Project Area. . Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -2 Subsection 3 -3. Statement of and Finding of Public Purpose The HRA has determined that there is a need for the HRA to take certain actions designed to,encourage, ensure and facilitate development and redevelopment by the private sector of under utilized and unused land located .within the corporate` limits' of ' the City, in order to provide additional employment opportunities for residents of the City :and the surrounding area; to improve the. tax base of the City, the County and the school districts thereby enabling them to better'utilize existing public facilities `and provide needed public services, and to improve the general economy of the City, the County, and •the State. Specifically; the HRA has determined that the property within the Redevelopment Project Area is either under utilized!.or. unused due to &variety of factors, including inadequate public improvements to serve the property; which aas resulted. in a lack of private investment; that, as a result, the property is not :providing adequate employment ..,opportunities, and is not contributing to the tax base and general economy of the City, the school; districts, the County and the State to its full potential; and, therefore, that it is necessary for the City to' exercise its authority under the Enabling Act and the Tax Increment -financing Act to develop, implement and finance a program designed to encourage, ensure and facilitate the commercial development and redevelopment of the property located in the Redevelopment Project, to further and accomplish the'public purposes specified in this paragraph. The development proposed for the Redevelopment Project Area would not occur solely through private investment in the foreseeable future. The welfare of the City, County and the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce by the HRA: The HRA and City have also determined that any tax increment financing plans to be proposed herein will be consistent with the Redevelopment Area Plan, and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Redevelopment Project Area by private enterprise. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -3 Subsection 3-4. Statement of Objectives The HRA and City determine that it is necessary, desirable and in the public interest to establish, designate, develop and administer the Redevelopment Project Area. The HRA and City determine that the establishment of the Southeast Edina Redevelopment Project Area will provide the City with the ability to achieve certain public purpose objectives not otherwise obtainable in the foreseeable future without City intervention in the normal development process. The City seeks to achieve the following program objectives: 1. Promoting and securing the prompt development of property in the Redevelopment Project Area in a manner consistent with the City's planning and with a minimal adverse impact on the environment, which property is less productive because of the lack of proper utilization and lack of investment, and thereby promoting and securing the development of other land in the City; 2. Promoting and securing additional employment opportunities within the Redevelopment Project Area and the City for residents of the City and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled and unskilled labor and other human resources in the City; 3. Securing the increase in value of property subject to taxation by the City, Independent School Districts No. 280 and 271 and 273 and Hennepin County, and any other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 4. Supporting multi - pronged transportation strategies and securing the construction and providing of moneys for the payment of the cost of public improvements in the Redevelopment Area, which are necessary for the orderly and beneficial development of the Redevelopment Area; 5. Extending the open space corridor north from Centennial Lakes to Southdale to create increased opportunities for pedestrian and bicycle pathways, increased transit circulation, and improved connections between residential, mixed -use, and commercial neighborhoods. 6. Supporting the redevelopment of existing sites into more densely developed mixed -use sites that include retail, housing, and employment uses to encourage more walkable neighborhoods. 7. Increasing the capacity of streets, roadways, bridges, and transit facilities serving the Redevelopment Project Area to support development growth that has occurred and will occur. Provide and secure the construction and moneys for the payment of the cost of public improvements associated with such transportation improvements, including pedestrian crossings. 8. Providing and securing the development of increased opportunities for families to reside in quality owner- occupied housing, for senior citizens to choose from housing options which offer a wide array of services without regard to income, and for residents looking for a wide range of multi - family units. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -4 k. 9. Encouraging the expansion and improvement of local business, economic activity and development, whenever possible. 10. Creating a desirable and unique character within the Redevelopment Project through land use alternatives and design quality in new buildings. Subsection 3 =5. Statement of Public Facilities and Costs to be Financed The preceding objectives will be, promoted by providing improvements and opportunities within the Redevelopment Project Area which may include various types of site improvements, land acquisition, redevelopment, demolition, parking, street, sewer, water and other public improvements. A description of the items of expenditure and the estimated costs can be,found in the Tax Increment Financing 'Plans for the Tax Increment Financing Districts created within this Redevelopment Project Area. Subsection 3 -6. Funding of Developments and Redevelopments To- implement the established objectives, the City plans to utilize a number'of public and private financing tools. Funding of the necessary activities and improvements in the Redevelopment. Project Area is expected to be accomplished through, and is not limited to, tax increment financing, special assessments, state aid for road construction, proceeds from the sale of property; and federal and state grants. Any public facilities within the Redevelopment Area will be financially feasible and compatible with longer range development plans. Any acquisition of property for the public improvements will be done to provide the impetus for private development within the Redevelopment Area. Subsection 3 -7. Environmental Controls All municipal actions, public improvements and private development shall be carried out .in a manner consistent with existing environmental controls and all applicable Land Use Regulations. Subsection 3 -8. Proposed Reuse of Property The Redevelopment Plan contemplates that the HRA or City may acquire property and reconvey the same to another entity or dedicate the property to permanent- right -of -ways and easements needed for public improvements. Prior to formal consideration of the acquisition of any property, the HRA or City will require the execution of <a binding development agreement with respect thereto and evidence that Tax Increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the HRA and City to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to which the HRA is a party. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -5 Subsection 3 -9. Open Space to Be Created Any open space within the Redevelopment Area will be created in accordance with the zoning and ordinances of the City. Subsection 3 -10. Administration and Maintenance of the Southeast Edina Redevelopment Area Maintenance and operation of the Redevelopment Plan will be the responsibility of the Executive Director of the HRA. Each year, the administrator of the Redevelopment Area will submit to the City Council the maintenance and operation budget for the following year. The administrator of the Redevelopment Plan will administer the Redevelopment Plan pursuant to the provision of the Enabling Act; provided, however, that such powers may only be exercised at the direction of the HRA. No action taken by the administrator of the Redevelopment Area pursuant to the above - mentioned powers shall be effective without authorization by the HRA. Subsection 3 -11. Rehabilitation Owners of properties within the Redevelopment Area may be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Persons who purchase property within the Redevelopment Area from the City may be required to rehabilitate their properties as a condition of sale of land. The City may provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 3 -12. Relocation Any person or business that is displaced as a result of the Redevelopment Program will be relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The HRA accepts its responsibility for providing for relocation assistance pursuant to the Enabling Act. Subsection 3 -13. Property Acquisition The HRA or City intends to acquire such property, or appropriate interest therein, within the Redevelopment Area as the HRA or City may deem to be necessary or desirable to assist in the implementation of the Redevelopment Program. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -6 Subsection 3 -14. Modification of the Redevelopment Area Plan and/or Southeast Edina Redevelopment Project Area The HRA and. City reserve the right to alter and amend the Redevelopment Program and the Tax Increment Financing Plans, subject to the provisions of state law regulating such action. The HRA and City specifically reserves the right to enlarge or reduce the size of the Redevelopment Area and the Tax Increment Financing District, the Redevelopment Program, the Public Costs and the amount of Tax Increment Bonds to be issued to finance such, cost by following the procedures specified in Minnesota Statutes, Section 469.175, subdivision 4. Subsection 3 -15. Description of Boundaries of Southeast Edina Redevelopment Project Area The boundaries of the Redevelopment Area shall be expanded to include all properties shown on the map in Appendix A. Edina Housing & Redevelopment Authority Southeast Edina Redevelopment Project Area Plan 3 -7 Appendix A Boundary Map of the Southeast Edina Redevelopment Project Area Appendix A A -1 Southeast Edina Project Area Modification �9 ^lam and Centennial Lakes TIF District O ei t Centennial Lakes TIF District Southeast Edina Project Area Modified Project Area N W +E S Engineering Dept January. 2012 Appendix B Original Development Program and Modifications Appendix B B -1 SOUTHEAST EDINA REDEVELOPMENT PLAN • Reviewed by The Edina Planning Commission September 28, 1977 Approved by Housing and Redevelopment Authority of Edina September 29, 1977 to Prepared for the Housing and Redevelopment Authority of-Edina, Minnesota by Professional Management Services Mankato;f Minnesota•. September '21, 1977 TABLE OF CONTENTS Page` Table of Contents i Introduction 1 Part I: Inventory and Problem Assessment Existing Land Use Zoning and Development 2 Public Utilities Natural Features Assessor's Estimated Market Value 5- Traffic and Transportation 6. Goals and Objectives DMJM Transportation Plan 7 South Edina Plan 9. Metropolitan Council Allocation Plan 13 Edina Housing Assistance Plan 15. Analysis and Conclusions 11 Part II: Project Area Plans Southeast Edina Redevelopment Plan Plan Area 21 Goals and Objectives 22 Land Use Plan 24 Relocation Policy Plan 25 Property Disposition Plan 26 Finance Plan Budget 27 Determination of Tax Increment 28 Statement of Finance Plan Supplementation 33 Part III: Project Area Description Boundary Description 3b Plats and Parcels Assessed Values 36 -i- INTRODUCTION On June 20, 1977, the Edina City Council requested the Housing and Redevelopment Authority of Edina, Minnesota (the "H.R.A. ") to study the Southeastern area of the City in light of an apparent shortage of suitable housing for low and moderate income families and elderly citizens in Edina. The City Council further directed that if this study determined that (1) a shortage of such housing does, .in fact, exist and (2) the Southeastern Edina area is well suited for the provision of such housing, then the H.R.A. should .prepare a redevelopment plan for the area. After reviewing preliminary findings made by the H.R.A., the City Council on September 19,•1977 further recommended that the H.R.A. prepare a redevelopment plan for a specific portion of the Southeastern Edina area. The H.R.A., staff of the City of Edina, and Professional Management Services have studied the shortage of suitable housing for low and moderate income families and elderly citizens in Edina, the suitability of the South- eastern Edina area for such housing, the feasibility of public participation in the provision of such housing, and also various issues and concerns regarding land use and public facilities in Southeastern Edina. Based upon the findings and conclusions of this study, as hereinafter presented, the Housing and Redevelopment Authority has prepared the following Southeast Edina Redevelopment Plan (the "Redevelopment Plan ") which includes.a proposed land use and housing plan,.a proposed method of public participation as to plan implementation, and a proposed method for financing plan projects. The Redevelopment Plan also pro- poses the establishment of a tax increment f inancing'district coincident with the boundaries of the Redevelopment Plan area and includes the property descriptions 40 and supporting data necessary to establish such a district. -1- i 1985 AMENDMENTS TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA Table of Contents I. Introduction A. Recitals and Statement of Authority B. Definitions C. Statement of Need D. Statement of Objectives II. 1985.Project A. Description of 1985 Project 1. 1984 Project Area 2. Conditions of Blight 3. Redevelopment Activities B. Development of 1985 Project Area 1. Use 2. Redevelopment Agreements C. Relocation Q. Interest Reduction Program III. Financing of Public Redevelopment Cost of 1985 Project A. Determination of Public Redevelopment Cost 1. Estimated Public Redevelopment Cost 2. Capital Proceeds of 1985 Project 3. Public Redevelopment Cost B. Payment of Public Redevelopment Cost of 1985 Project 1. In General 2. Issuance of Bonds 3. Bond Terms 4. Security for and Payment of Bonds IV. Implementation of 1985 Project and Plan A. In General B. cooperation Agreement V. Additional Amendments to Plan VI. Original Plan VII. Exhibits Exhibit A - Exhibit B - Legal description of tax parcels or portions thereof included in 1984 Project Area Site Plan I. INTRODUCTION A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously_ approved the Southeast Edina Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 273.73, subdivision 9. It has been proposed that the 1985 Project Area, as hereinafter defined, be developed as a mixed use development containing residential condominium units, retail areas, office buildings, rental apartments for the elderly and public and private amenities. This 1985 Amendment supplements and amends the Southeast Edina Redevelopment Plan to provide for the redevelopment of the 1985 Project Area. This 1985 Amendment is established by action of the Commissioners of the HRA and the City Council of the City, pursuant to Minnesota Statutes, Chapter 462, and this 1985 Amendment is approved by such bodies pursuant to Minnesota Statutes, Chapter 462 and Sections 273.71 to 273.86. B. Definitions. Each of the words and terms defined in this Section shall for all purposes of this First Amendment, have the meanings given to them in this Section: "Assessed Value means the Assessed Value of all taxable property in the District as determined from time to time pursuant to state law. "Bonds" means the bonds or obligations, now or hereafter issued by the City or the HRA (which may be in one or more issues) to finance the acquisition of the 1985 Project Area (and related costs), to finance the purchase of the HRA Public Improvements and related costs, to finance interest reductions to be made by the HRA pursuant to this Agreement and related costs, to finance construction of the Park, to pay assessments against the Condominium Project Area for City Public Improvements, and other public redevelopment costs to be paid by the HRA with respect to the 1985 Project, and also means and includes all other bonds of the City issued prior to the date of this Agreement and secured in whole or in part by the tax increment generated by the Redevelopment Plan area and the improvements thereon. The term "Bonds" shall also include any bonds or obligations issued to refund any Tax Increment Bonds. "Bond Resolution" means any and all resolutions, ordinances, trust indentures or other documents under which any Bonds are sold, issued or secured. "Capital Proceeds of the 1985 Project" means all amounts received or to be received by the City or the HRA from the sale or lease of property in the 1985 Project Area. "Captured Assessed Value" means that portion of the Assessed Value in excess of the Original Assessed Value as adjusted from time to time, if any. "City" means the City of Edina, Hennepin County, Minnes3ta. "City Public Improvements" means streets, roads, curbs, gutters, sidewalks and utilities to be constructed and installed by the City and for which special assessments will be assesse-d against some or all of the 1985 Project Area. "Condominium Development" means the approximately three hundred and ninety -two (392) residential condominiums and approximately six hundred (600) underground, private parking spaces, to be constructed in approximately seven (7) phases on the Condominium Project Area, including related and appurtenant landscaping, driveways, walkways and improvements, with respect to which at least eighty (80%) percent of the residential units therein shall be reserved for sale to, and sold to, families or individuals with an adjusted gross income which is equal to or less than one hundred ten (110 %) percent of the Median Family Income, "Condominium Project Area" means the seven (7) areas approximately identified as such on the Site Plan. "Developer" means any person acquiring any portion of the 1985 Project from the HRA or any other person and constructing any of the Private Improvements. "District" means the tax increment financing district established by the Plan. "Elderly Housing Development" means the approximately two hundred two (202) rental units for elderly occupancy (of which at least twenty (20%) percent shall be rented to families or individuals who on the date of their initial . occupancy of their rental unit are individuals of low or moderate income within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, and the regulations promulgated or proposed thereunder,'as now or hereafter amended) in the approx "nately seventeen (17) story building to be constructed on the Elderly Housing Project Area, and shall include the Elderly Housing Project Area, related covered and surface parkin, congregate dining facilities, a public restaurant with approx::nately two hundred fifty (250) seats, a gift shop, a child care facility with a capacity of approximately one hundred (100) children, and related and appurtenant landscaping, driveways, walkways and improvements. -2- "Elderly Housing Project Area" means approximately the area identified as such on the Site Plan. "HRA" means the Housing and Redevelopment Authority in and for the City of Edina. "HRA Public Improvements" means the public easements, and certain landscaping, utilities, streets, driveways, sidewalks, surface and covered parking and other work on the 1985 Project Area to be constructed by the HRA at the HRA's cost, but shall not include the Park. "Office Development" means the approximately two hundred five thousand (205,000) square feet of office space to be constructed on the Office Project Area, including related and appurtenant covered and surface parking, landscaping, driveways, walkways and improvements, to be constructed in two phases of approximately one hundred seven thousand (107,000) square feet and ninety -eight thousand (98,000) square feet, respectively, in two ('2) buildings of six (6) to eight (8) stories each. "Office Project Area" means approximately the two (2) areas identified as such on the Site Plan. "Original Assessed Value" means the Assessed Value of all taxable property in the District as most recently determined by the Commissioner of Revenue of the State of Minnesota, as of the date of certification thereof by the County Auditor pursuant to Minnesota Statutes, Section 273.76. or as thereafter adjusted and certified by the County Auditor pursuant to Minnesota Statutes, Section 273.76. "Original Plan" means the Southeast Edina Redevelopment Plan, as hereto amended and supplemented by the HRA and the City Council pursuant to law. "Outstanding" when used with respect to Bonds, means Bonds which have not been paid, redeemed and prepaid or discharged in accordance with their terms or the terms of a Bond Resolution. "Parcel" means a lot, parcel, tract or plat of land comprising a single unit for purposes of assessment for real estate tax purposes, as of the date of adoption of this Plan. "Park" means the public park to be constructed upon the Park Site, including all landscaping, recreational facilities and equipment, and other amenities therein or related thereto upon the Park Site. -3- "Park Site" means approximately the area identified as such on the Site Plan. , "Plan" means the Original Plan as supplemented and amended by this 1985 amendment and as further supplemented and amended from time to time by the HRA and City Council. "Private Improvements" means the Condominium Development, the Office Development and the Elderly Housing Development. "Public Redevelopment Cost" means the total amount expended and to be expended by the City and /or the HRA on Redevelopment Activities, less the Capital Proceeds of the 1985 Project. "Redevelopment Activities" means all actions taken or to be taken: (1) by the HRA in establishing, implementing and carrying out the 1985 Project, including but not limited to the acquisition of the 1985 Project Area, the acquisition and construction of the HRA Public Improvements, the carrying out of an interest reduction program with respect to the Condominium Development and Elderly Housing Development, and the acquisition and construction of the Park; (2) by the City in aid of the 1985 Project pursuant to the Plan, including, but not limited to, the acquisition and construction of the City Public Improvements; and (3) by private developers in constructing the Private Improvements. "Redevelopment Agreement" means any and all agreements between the HRA or the City, or both and a Developer with respect to the 1985'Project. "Tax Increment" means that portion of the ad valorem taxes levied on all taxable property in the District from time to time which is allocable to the Captured Assessed Value of such property. "Project" means all of the Private Improvements, the Park and all of the HRA Public Improvements constructed or to be constructed upon the Project Area, and includes the Project Area. "1985 Project Area" means the entire parcel of land upon which the Project is or is to be constructed, as more fully described on Exhibit A attached hereto and hereby made a part hereof. C. Statement of Need. There exists in the City a shortage of decent, safe, sanitary and affordable housing for the elderly and persons of low and moderate income and the HRA, -4- as in the past, is desirous of promoting the development of housing for the elderly and other persons in the City. There is a need for redevelopment of the 1985 Project Area which will result in the increase of employment opportunities for residents of the City, the increase of the value of property subject to taxation by the City and other local government units, and the increase of general economic activity in the City, all of which will reduce unemployment, prevent chronic unemployment, improve living standards, promote desirable development of 1985 Project Area at a cost reasonably related to the public purpose to be served without residential clearance and with full consideration of the preservation of beneficial aspects of the urban and natural environment for a use consistent with emphasis on housing for the elderly and persons of low and moderate income, prevent the emergence of blighted property and areas, prevent the loss of skilled and unskilled labor and other human resources, add to the cultural facilities available to the public in the City, and encourage and enhance the general health and welfare of the residents of the City. The actions herein proposed to be taken by the City with respect to the 1985 Project are necessary to secure the redevelopment of the property included in the 1985 Project Area, at this time and in a manner which will best meet those needs. D. Statement of Objectives. The objectives sought to be accomplished by the HRA and the City in establishing and carrying out the 1985 Project and in financing of the Public Redevelopment Cost thereof. as specified herein, are to meet the needs specified in paragraph C: a. by promoting and securing the prompt redevelopment of the property in the 1985 Project Area in a manner consistent with applicable governmental comprehensive plans and with a minimal adverse impact on the environment, a portion of which property is not now in productive use; b. by promoting and securing additional employment opportunities for residents of the City and surrounding area, thereby improving living standards, reducing unemployment, and preventing areas of chronic unemployment and the loss of skilled and unskilled labor and other human resources; c. by promoting and securing additional housing for the elderly, persons of low and moderate income and other residents of the City and surrounding area at a reasonable cost, thereby enhancing living conditions and their general health and welfare; -5- d. by securing the increase of property subject to taxation by the City, Hennepin County and the school district in which the 1985 Project Area is located, and other local government taxing jurisdictions, in order to better ensble such entities to pay for public improvements and governmental services and programs required to be provided by them; and e. by undertaking and providing moneys for the payment of the cost of Redevelopment Activities in or adjacent to the 1985 Project Areaa which are necessary to serve the 1985 Project Area and for the orderly and beneficial development of the 1985 Project Area and adjacent areas of the City. II. 1985 PROJECT A. Description of 1985 Project. 1. 1985 Project Area. The 1985 Project Area is unimproved and comprises approximately acres of property located in the City. The legal description of the 1985 Project Area is as set forth in the attached Exhibit A. The 1985 Project Area is presently owned by the HRA. 2. Conditions of Blight. The 1985 Project Area is blighted by virtue of conditions of unusual and difficult physical characteristics of the ground and other conditions which has prevented normal development of the land by private enterprise and has resulted in stagnant and unproductive conditions of land. However, the 1985 Project Area is potentially useful and valuable for redevelopment which would contribute to the general health, safety and welfare of the residents of the City. The 1985 Project Area will not be reasonably available for redevelopment by private enterprise. or redeveloped by private enterprise, in the forseeable future, unless the blighting conditions thereof are removed. The City and the HRA can remove, or cause or assist a Developer to remove, such blighting conditions, and to redevelop the 1985 Project Area by construction and installation thereon of the Private Improvements and the Park by jointly exercising the powers conferred upon them by law for this purpose. 3. Redevelopment Activities. The 1985 Project includes the following Redevelopment Activities: a. By the City or the HRA, directly or pursuant to a Redevelopment Agreement with a Developer: (1) the payment of SAC and of water connection charges for the Housing Facilities, and the making of certain soil corrections, the conveyance to a Developer of the Condominium Project Area, the Elderly Housing -6- Project Area and the Office Project Area the 1985 Project area, the construction or installation of the Park, the City Public Improvements and HRA Public Improvement and other public amenities all as provided for in the Redevelopment Agreement; (2) the making of studies and planning and informational activities relating to the 1985 Project; (3) the making of a lump sum payment or periodic payments to pay interest on a loan made pursuant to Minnesota Statutes, Chapter 462C or by a private lender to a Developer to finance the costs of construction and installation of the Condominium Development and Elderly Housing Development; (4) the issuance of the Bonds to finance the Public Redevelopment Cost of the 1985 Project; and (5) the use of the Tax Increment derived from the District to pay the debt service on such Bonds, or otherwise pay the Public Redevelopment Cost of the 1985 Project. b. By a Developer: (1) the construction and installation of the Private Improvement; (2) the performance of such Redevelopment Activities on behalf of the City or the HRA as may be required by the City or the HRA and specified in a Redevelopment Agreement, subject to reimbursement of the cost thereof by the City or the HRA from Tax Increments to be derived from the District; (3) the payment and financing of the cost of the Private Improvement; and (4) the operation of the Private Improvements. C. No contracts have been entered into for Redevelopment Activities. d. No development other than-that described in this Section 3 is presently proposed to take place in the 1985 Project Area. B. Development of 1985 Project Area. 1. Use. The property in the 1985 Project Area will be redeveloped by the construction and installation of the Park, the Private Improvements, the HRA Public Improvement and the City Public Improvement. 2. Redevelopment Agreements. The property in the 1985 Project Area on which the Private Improvements are to be located will be sold by the HRA to a Developer for redevelopment pursuant to one or more Redevelopment Agreements under which, among other things, a Developer will be required to construct and install the Private Improvement by a specified -7- date, the Private Improvements to have at least a specified minimum number of square feet, a specified minimum cost and a specified minimum Assessor's Market Value; to complete certain percentages of the work by specified dates pursuant to plans and specifications submitted to and building permits issued by or on behalf of the City, and pursuant to and in accordance with all other applicable governmental regulations; and to demonstrate its financial capability for so doing. Each Developer will also be required to enter into an Assessment Agreement pursuant to Minnesota Statutes, Section 278.76, whereby it will agree to the minimum Assessor's Market Value of the 1985 Project Area upon completion of the construction and installation of the Private Improvement to be located thereon and will agree not to take any action to challenge or otherwise cause said Assessor's Market Value to be reduced at any time while the Bonds remain Outstanding. In addition, if the HRA makes a periodic or lump sum payment to pay interest on a loan made pursuant to Minnesota Statutes, Chapter 462C or a private lender to a Developer to finance construction and installation of the Elderly Housing Development, in accordance with the provisions of Minnesota Statutes, Section 462.445, subdivision 12, the HRA will obtain an agreement which provides that upon the sale or transfer by the Developer of the 1985 Project Area, the HRA shall be paid an amount to be determined under clause (b) of Minnesota Statutes, Section 462.445, subdivision 12, and the HRA will provide that the obligation of the Developer to pay this amount be secured by an interest of the HRA in the property. The interest of the HRA in the property shall consist of either a right of co- ownership or a lien or mortgage against the property and may be subordinate to other interests in the property. If the HRA makes a periodic or lump sum payment to pay interest made by a private lender to a developer to finance construction and installation of the Condominium Development in accordance with the provisions of Minnesota Statutes, Section 462.445, subdivision 11, at least eighty (80 %) percent of the aggregate dollars appropriated by the HRA for this purpose shall be appropriated for units which are to be sold or occupied by families or individuals with an adjusted gross income which is equal to or less than one hundred ten (110 %) of the median family income and the HRA shall abtain an agreement with the Developer evidencing the Developer's obligation to comply with this requirement. C. Relocation. No person will be displaced and have to be relocated as a result of the 1985 Project. WE D. Interest Reduction Program. In connection with the 1985 Project the HRA will undertake an Interest Reduction Program under Minnesota Statutes, Section 462.445, subdivision 10 to assist in the financing of the Condominium Development and Elderly Housing Development both of which are intended primarily for occupancy by individuals of low and moderate income. In determining to proceed with an Interest Reduction Program the HRA has considered M the availability and affordability of other governmental programs, (ii) the availability and affordability of private mortgage financing, and (ii'i) the need for additional affordable mortgage credit to encourage the construction and enable the purchase of housing units within the jurisdiction of the HRA. The HRA will promulgate regulations for the Interest Rate Reduction Program. III. FINANCING OF PUBLIC REDEVELOPMENT COST OF 1985 PROJECT A. Determination of Public Redevelopment Cost. 1. Estimated Public Redevelopment Cost. The total costs expected to be incurred by the City and the HRA, directly or indirectly, in carrying out the 1985 Project are estimated to be as follows: City Public Improvements to be paid from Tax Increments $ 710,000 HRA Public Improvements 2,050,000 Park 6,700,000 Interest Reduction Program 4,185,000 Bond Issuance Costs, including bond discount 250,000 Capitalized Interest on Bonds 2,100,000 HRA and City and Administrative Expenses 500,000 Total Public Redevelopment Cost of Project $16,495,000 The items of cost and the amounts thereof shown above are estimated to be necessary based upon the best engineering, legal and other information now available. It is anticipated that the items of cost and the amounts thereof shown in each category above may decrease or increase, but that the Public Redevelopment Cost of the 1985 Project will not exceed the amount shown above, plus interest to be paid on the Bonds (other than out of proceeds of the Bonds). The City and the HRA reserve the right to pay the cost of any element of the Public Redevelopment Cost of the 1985 Project from the proceeds of the Bonds herein authorized, or directly from Tax Increments derived from the District. 2. Capital Proceeds of the 1985 Project. The Capital Proceeds of the 1985 Project, comprising the cash proceeds of sale of property in the 1985 Project Area owned by the HRA to the Developer, are expected to be negligible. ME 3. Public Redevelopment Cost. The Public Redevelopment Cost of the 1985 Project, comprising the total costs expected to be incurred by the City and the HRA, directly or indirectly, in carrying out the 1985 Project, less the Capital Proceeds of the 1985 Project, is expected to be $16,495,000, plus interest to be paid on the Bonds during their term (other than out of the proceeds of the Bonds). B. Payment of Public Redevelopment Cost of 1985 Projec =. 1. In General. The entire Public Redevelopment Cost of the 1985 Project will be paid from Tax Increment to be derived from the District, either directly or indirectly by paymen- of debt service on Bonds issued to finance such cost or reimbursement of the Developer for items of Public Redevelopment Cost paid directly by the Developer, or by making periodic or lump sum payments to pay interest on a loan made pursuant to Minnesota Statutes, Chapter 462C to the Developer to finance the construction and installation of the Condominium Development and Eldely Housing Development, or by some combination of the foregoing. 2. Issuance of Bonds. It is presently expected that a port'-on of the Public Redevelopment Cost of the Project will be financed by the issuance of the'Bonds in one or more series in the principal amount of not greater than $11,000,000. Certain Costs of the Interest Reduction Program to be undertaken in connection with the 1985 Project are not expected to be financed with the proceeds of the Bonds and will be paid directly from Tax Increment derived from the District not needed to pay principal and interest on Bonds. The Bonds will be issued by the City or the HRA under authority of Minnescta Statutes, Chapter 475, and Sections 273.71 to 273.78. 3. Bond Terms. The terms of the Bonds are expected to be as set forth below; however, the right is reserved to adjust any and all terms of the Bonds to secure the best interest rate obtainable and to insure that the entire principal of and interest on the Bonds will be paid when due from the sources specified in paragraph 4. The Bonds will be in the principal amount of not greater than $11,000,000, will mature serially over a period of approximately 20 years, commencing on or after February 1, 1987, will be subject to redemption prior to maturity, will bear a fixed rate or rates of interest from date of issue to maturity, payable semiannually commencing in 1986, and will be sold at public sale. 4. Security For And Payment Of Bonds. The Bonds will be general obligations of the City or the HRA, and the full faith and credit and the taxing powers of the City or the HRA -10- will be pledged for their payment, The principal of and interest on the Bonds will be payable from the Tax Increments to be derived from the District by the HRA and from ad valorem taxes to be levied on all taxable property in the City, but if necessary for the payment thereof, additional ad valorem taxes will be required by law to be levied on all taxable property in the City, which taxes will not be subject to any limitation as to rate and amount. IV. IMPLEMENTATION OF 1985 PROJECT A. In General. The 1984 Project and this 1985 Amendment shall be implemented on behalf of the City by the City Council and the HRA. The HRA or the City shall sell and issue Bonds in the amount needed to finance the Public' Redevelopment Cost of the 1985 Project, less any portion thereof to be paid directly from Tax Increment derived from the District and shall use so much of the 1985 Tax Increment Bond proceeds available and Tax Increment derived from the District to pay such Public Redevelopment Cost as is necessary. B. Cooperation Agreement. If necessary, the City and the HRA shall enter into a Cooperation Agreement for the purpose of specifying the duties and responsibilities of each with respect to the implementation of the 1985 Project and this 1985 Amendment, and the application of the Tax Increments to be derived from the 1985 Project Area. V. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter the 1985 Project and to further amend or modify the Plan by their joint action, subject to the provisions of state law regulating such action. The City and the HRA specifically reserve the right to increase the Public Redevelopment Cost of the 1985 Project and the amount of Bonds to be issued to finance such Public Redevelopment Cost, if and when it is determined to be necessary for the paying of additional Public Redevelopment Costs. VI. ORIGINAL PLAN The Original Plan except to the extent the provisions thereof are explicitly amended or supplemented by this 1985 Amendment shall remain in and be in full force and effect. -11- EXHIBIT A LEGAL DESCRIPTION OF 1985 PROJECT AREA. A -1 EXHIBIT B SITE PLAN B -1 ■q AMENDMENT THIS AMENDMENT, Made and entered into as of the day of May, 1985, by and betwe -en the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") and the City of Edina, a municipal corporation organized and existing under the laws of the State of Minnesota ( "Edina "). WITNESSETH: WHEREAS, the HRA and Edina entered into an Agreement dated May 8, 1974 (the "Agreement "); and WHEREAS, the HRA and Edina now desire to amend the Agreement in the manner below set out. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, the HRA and Edina do hereby agree as follows: "1. The first sentence in Section 1, paragraph b. of the Agreement is hereby changed to read as follows: "The Executive Director shall be that person-in-cherge- of- the - Planning- Begartment- a € - Edina- from time to time appointed by the Director." 2. The-Agreement, as amended hereby, shall be and remain in full force and effect. Commissioner introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "), which also constitutes a redevelopment project, as defined in Minnesota Statutes, Section 445.421, subdivision 13, and a tax increment financing plan, pursuant to the provisions of Minnesota Statutes, Section 273.74. The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9. It has been proposed that the HRA approve amendments to the Plan, designated as the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "1985 Amendment "), which includes, among other things, the establishment of an interest reduction program under the provisions of Minnesota Statutes, Section 462.445, subdivision 11 (the "Interest Reduction Program "). 2. The 1985 Amendment is described in the document entitled "1985 Amendment to the Southeast Edina Redevelopment Plan" which has been presented to this Board, and the 1985 Amendment as so described is hereby approved, and the Executive Director of the HRA and the attorney for the HRA are hereby authorized and directed to proceed with the implementation of the 1985 Amendment. 3. It is acknowledged that it is presently proposed that a majority of the payments to be made by the HRA pursuant to the Interest Reduction Program will be in the form of periodic payments over a number of years and such payments are hereby authorized to be-made over such period. Dated this 6th day of May, 1985. Chairman Attest: Executive Director The motion for the adoption of the foregoing was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. -2- Commissioner introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; APPROVING THE SALE OF LAND AND AUTHORIZING THE EXECUTION OF DOCUMENTS BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "). Acting pursuant to the Plan the HRA has acquired certain land in the area included in the Plan and it has been proposed that the HRA sell and transfer a portion of such land to the East Edina Housing Foundation (the "Foundation "), pursuant to a Land Sale Agreement by and between the HRA and the Foundation (the "Agreement "). A draft of the Agreement has been prepared and submitted to the HRA and is hereby directed to be filed with the Executive Director of the HRA. 2. On May 6, 1985, the HRA duly called and held a public hearing on the sale and transfer of such land to the Foundation pursuant to the Agreement in accordance with Minnesota Statutes, Section 462.525, subdivision 2. 3. The form of the Agreement is hereby approved subject to such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA, which approval shall be conclusively evidenced by the execution of the Agreement by the Chairman and Executive Director of the HRA. The Chairman and Executive Director of the HRA are directed to execute the Agreement upon execution thereof by the Foundation. The Chairman and Executive Director of the HRA are also authorized and directed to execute such other instruments as may be required to give effect to the transaction herein contemplated. Dated this 6th day of May, 1985. Chairman Attest: Executive Director i--r The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. Ma CERTIFICATION OF MINUTES RELATING TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN City: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on May 6, 1985, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): 1 through 2 RESOLUTION APPROVING THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN I, the undersigned, being the duly qualified and acting recording officer of the City of Edina, Minnesota (the City), certify that the documents attached hereto, as described above, have been carefully compared with the original records of the City in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the City Council of the City, and is a correct and complete copy of a resolution approved by the City Council at said meeting; and that said meeting was duly held by the City Council at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 6th day of May, 1985. Marcella Daehn, City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. Recitals. This Council and the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") have previously approved a redevelopment plan and redevelopment project, under Minnesota Statutes, Section 462.411, et. se q., and a tax increment financing plan, as defined in Minnesota Statutes, Section 273.73, subdivision 9, designated as the Southeast Edina Redevelopment Plan (the "Plan "). The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9 (the "District "). The HRA has approved amendments to the Plan designated as the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "1985 Amendment "), which include, among other things, the establishment of an interest reduction program under the provisions of Minnesota Statutes, Section 462.445, subdivision 11 (the "Interest Reduction Program ") and has requested that this Council approve the 1985 Amendment. This Council held a public hearing on the 1985 Amendment on May 6, 1985, after notice of the public hearing was published in The Edina Sun, the official newspaper of the City, on April 25, 985, at which time all persons desiring to be heard on the subject were given an opportunity with respect thereto. 2. Approval. The 1985 Amendment is hereby approved. 3. Findings Under the Municipal Housing and Redevelopment Act. Pursuant to Minnesota Statutes, Section 462.521, it is hereby found that: (A) The land located within the 1985 Project Area, as defined in the 1985 Amendment would not be made available for redevelopment without financial aid sought; (B) The redevelopment plans for the 1985 Project Area as set forth in the 1985 Amendment will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the 1985 Project Area by private enterprise; and (C) The 1985 Amendment conforms to the general plan for the development of the City as a whole. 4. Interest Reduction Program. It is acknowledged that it is presently proposed that a majority of the payments to be made by the HRA pursuant to the Interest Reduction Program will be in the form of periodic payments over a number of years and the HRA is hereby authorized to make such payments over such period. Attest: Passed by the Council this 6th day of May, 1985. C. Wayne Courtney, Mayor Marcella Daehn, City Clerk The motion for the adoption of the foregoing was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. -2- CERTIFICATION OF MINUTES RELATING TO SOUTHEAST EDINA REDEVELOPMENT PLAN City: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on May 6, 1985, at 7:00 P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): 1 and 2 RESOLUTION RELATING TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; AUTHORIZING THE EXECUTION OF DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the City of Edina, Minnesota (the City), certify that the documents attached hereto, as described above, have been carefully compared with the original records of the City in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the City Council of the City, and is a correct and complete copy of a resolution approved by the City Council at said meeting; and that said meeting was duly held by the City Council at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 6th day of May, 1985. Marcella Dae n, City C er Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; AUTHORIZING THE EXECUTION OF DOCUMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City "), as follows: 1. The Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "). Acting pursuant to the Plan the HRA has acquired certain land in the area included in the Plan and it has been proposed that the HRA sell and transfer a portion of such land to the East Edina Housing Foundation (the "Foundation "), pursuant to a Land Sale Agreement by and between the HRA and the Foundation (the "Agreement "). The Agreement provides for the execution of a consent by the City (the "Consent "). A form of the Consent is attached as an exhibit to the Agreement. A draft of the Agreement has been prepared and submitted -to the City and is hereby directed to be filed with the City Clerk. 2. The form of the Consent is hereby approved subject to such modifications as are deemed appropriate and approved by the city attorney and the City Manager, which approval shall be conclusively evidenced by the execution of the Consent by the Mayor and City Manager. The Mayor and City Manager are directed to execute the Consent upon execution of the Agreement by the HRA and the Foundation. The Mayor and City Manager are also authorized and directed to execute such other instruments as may be required to give effect to the transaction herein contemplated. Dated this 6th day of May, 1985. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. -2- i FIRST AMENDMENT TO THE 1985 AMENDMENTS TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA rrKrr t I. RECITALS A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously approved the Southeast Edina Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 273.73, subdivision 9, and have approved amendments to the Southeast Edina Redevelopment Plan, designated as the "1985 Amendments to the Southeast Edina Redevelopment Plan' (the "1985 Amendments "), which supplement and amend the Southeast Edina Redevelopment Plan to provide for the redevelopment of the 1985 Project Area, as therein defined. This First Amendment to the 1985 Amendments to the Southeast Edina Redevelopment Plan is established by action of the Commissioners of the HRA and the City Council of the City, pursuant to Minnesota Statutes, Chapter 462, and this First Amendment is approved by such bodies pursuant to Minnesota Statutes, Chapter 462 and Sections 273.71 to 273.86. II. ENLARGEMENT OF 1985 PROJECT AREA The 1985 Project Area described in the 1985 Amendment is hereby amended to include therein the following property which is unimproved and located in the City: Tract 5: Those parts of Lots 11, 12 and 13, Block 1, Meadowlane II Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying westerly and southwesterly of the centerline of York Avenue South. The above described property is presently owned by the City of Edina and it is anticipated that such property will be conveyed to the HRA. III. AMENDMENT OF SECTION III B.2. OF THE 1985 AMENDMENT Section III B.2. of the 1985 Amendment is hereby amended to read as follows: "2. Issuance of Bonds. The City has previously issued its General Obligation Tax Increment Bonds, Series 1981, dated October 1, 1981, in the total principal amount of $4,500,000 to finance the acquisition of the 1985 Project Area. It is presently expected that a portion of the Public Redevelopment Cost of the Project will be financed by the issuance of additional Bonds in one or more series in the principal amount of not greater than $12,000,000. Certain costs of the Interest Reduction Program will be undertaken in connection with the 1985 Project are not expected to be financed with the proceeds of the Bonds and will be paid directly from Tax Increment derived from the District not needed to pay principal and interest on Bonds. The additional Bonds will be issued by the City or the HRA under authority of Minnesota Statutes, Chapter 475, and Sections 273.71 to 273.78." IV. AMENDMENT OF SECTION III B.3. OF THE 1985 AMENDMENT Section III B.3. of the 1985 Amendment is hereby amended to read as follows: "3. Bond Terms. The terms of the additional Bonds are expected to be as set forth below; however, the right is reserved to adjust any and all terms of the additional Bonds to secure the best interest 'rate obtainable and to insure that the entire principal of and interest on the Bonds will be paid when due from the sources specified in paragraph 4. The additional Bonds will be in the principal amount of not greater than $12,000,000, will mature serially over a period of approximately 20 years, commencing on or after February 1, 1987, will be subject to redemption prior to maturity, will bear a fixed rate or rates of interest from date of issue to maturity, payable semiannually commencing in 1986, and will be sold at public sale." -2- I! 1 \!r Commissioner introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE FIRST AMENDMENT TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the Southeast Edina Redevelopment Plan (the "Plan "), which also constitutes a redevelopment project, as defined in Minnesota Statutes, Section 445.421, subdivision 13, and a tax increment financing plan, pursuant to the provisions of Minnesota Statutes, Section 273.74. The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9. The HRA and the Edina City Council have previously approved amendments to the Plan, designated as the 1985 Amendment to the Southeast Edina redevelopment Plan (the "1985 Amendment "). It has been proposed that the HRA approve additional amendments to the Plan designated as the First Amendment to the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "First Amendment "). 2. The. First Amendment is described in the document entitled "First Amendment to the 1985 Amendment to the Southeast Edina Redevelopment Plan" which has been presented to this Board, and the First Amendment as so described is hereby approved, and the.Executive Director of the HRA and the attorney for the HRA are hereby authorized and directed to proceed with the implementation of the 1985 Amendment as amended by the First Amendment. Dated this 19th day of August, 1985. Chairman Attest: Executive Director The motion for the adoption of the foregoing was duly seconded by Commissioner , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. -2- CERTIFICATION OF MINUTES RELATING TO THE FIRST AMENDMENT TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN City: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 19, 1985, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): 1 through 2 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN AND SALE OF LAND TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA I, the undersigned, being the duly qualified and acting recording officer of the City of Edina, Minnesota (the City), certify that the documents attached hereto, as described above, have been carefully compared with the original records of the City in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the City Council of the City, and is a correct and complete copy of a resolution approved by the City Council at said meeting; and that said meeting was duly held by the City Council at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 19th day of August, 1985. Marcella Daehn, City Cler Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE FIRST AMENDMENT TO THE 1985 AMENDMENT TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN AND SALE OF LAND TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. Recitals. This Council and the Housing and Redevelopment Author of Edina, Minnesota (the "HRA ") have previously approved a redevelopment plan and redevelopment project, under Minnesota Statutes, Section 4- 62.411, et. sec., and a tax increment financing plan, as defined in Minnesota Statutes, Section 273.73, subdivision 9, designated as the Southeast Edina Redevelopment Plan (the "Plan "). The Plan established a tax increment financing district, as defined in Minnesota Statutes, Section 273.73, subdivision 9 (the "District "). This Council and the HRA have previously approved amendments to the. Plan designated as the 1985 Amendment to the Southeast Edina Redevelopment Plan (the "1985 Amendment "), which include, among other things, the establishment of an interest reduction program under the provisions of Minnesota Statutes, Section 462.445, subdivision 11. The HRA has approved additional amendments to the Plan designated as the First Amendment to the 1985 Amendment to the Southeast Edina Redevelopment Plan. (the "First Amendment ") and has requested that this Council approve the First Amendment. This Council held a public hearing on the First Amendment on August 19, 1985, after notice of the public hearing was published in The Edina Sun, the officinal newspaper of the City, on August 8, 1985, at which time all persons desiring to be heard on the subject were given an opportunity with respect thereto. 2. Approval. The First Amendment is hereby approved. 3. Findings Under the Municipal Housing and Redevelopment Act. Pursuant to Minnesota Statutes, Section 462.521, it is hereby found that: (A) The land located within the 1985 Project Area, as defined in the First Amendment would not be made available for redevelopment without financial aid sought; (B) The redevelopment plans for the 1985 Project Area as set forth in the 1985 Amendment as amended by the First Amendment will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the 1985 Project Area by private enterprise; and (C) The 1985 Amendment as amended by the First Amendment conforms to the general plan for the development of the City as a whole. 4. Tract 5 as described in the First Amendment is hereby authorized to be sold to the HRA for a price equal to $5.94 per square foot, and the Mayor and City Manager are hereby authorized to execute and deliver a quit claim deed to said Tract 5, in exchange for the sale price, and to execute and deliver such other documents, and to take such other action, as may be necessary or desirable to consummate such sale. 1985. Passed by the Council this 19th day of August, C. Wayne Courtney, Mayor Attest: Marcella Daehn, City Clerk The motion for the adoption of the foregoing was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. -2- T} 1987 AMENDMENTS TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA . 1L Table of Contents I. Introduction A. Recitals and Statement of Authority B. Definitions C. Statement of Need D. Statement of Objectives II. 1987 Project A. Description of 1987 Project 1. 1987 Project Area 2. Conditions. of Blight 3. Redevelopment Activities B. Development of 1987 Project Area 1. Use 2. Redevelopment Agreements C. Relocation III. Financing of Public Redevelopment Cost of 1987 Project IV. Implementation of 1987 Project and Plan A. In General B. Cooperation Agreement V. Additional Amendments to Plan VI. Original Plan VII. Exhibits Exhibit A - Legal description of tax parcels or portions thereof included in 1987 Project Area I. INTRODUCTION A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously approved the Southeast Edina Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 273.73, subdivision 9. It has been proposed that the 1987 Project Area, as hereinafter defined, be developed as a mixed use development containing owner occupied and rental residential units, retail facilities, office buildings and public and private amenities. This 1987 Amendment supplements and amenuls the Southeast Edina Redevelopment Plan to provide for the redevelopment of the 1987 Project Area. This 1987 Amendment does not enlarge the tax increment financing district established by the Southeast Edina Redevelopment Plan. This 1987 Amendment is established by action of the Commissioners of the HRA and the City Council of the City, pursuant to Minnesota Statutes, Chapter 462, and this 1987 Amendment is approved by such bodies pursua.t to Minnesota Statutes, Chapter 462. B. Definitions. Each of the words and terms defined in this Section shall for all purposes of this First Amendment, have the meanings given to them in this Section: "Bonds" means the bonds or obligations, now,or hereafter issued by the City or the HRA (which may be in one or more issues) to finance the acquisition of the 1987 Project Area (and related costs), to finance the construction of the Public Improvements and related costs, to finance construction of the Park, to pay other public redevelopment costs to be paid by the HRA with respect to the 1987 Project. The term "Bonds" shall also include any bonds or obligations issued to refund any Tax Increment Bonds. "Capital Proceeds.of the 1987 Project" means all amounts received or to be received by the City or the HRA from the sale or lease of property in the 1987 Project Area. "City" means the City of Edina, Hennepin County, Minnesota. "Developer" means any person acquiring any portion of the 1987 Project Area from the HRA or any other person constructing any of the Private Improvements. "District" means the tax increment financing district established by the Plan. "HRA" means the Housing and Redevelopment Authority in and for the City of Edina. "Original Plan" means the Southeast Edina Redevelopment Plan, as hereto amended and supplemented by the HRA and the City Council pursuant to law. "Park" means any public park to be constructed by the HRA or the City in the 1987 Project Area, including all landscaping, recreational facilities and equipment, and other amenities therein or related thereto. "Plan" means the Original Plan as supplemented and amended by this 1987 Amendment and as further supplemented and amended from time to time by the HRA and City Council. "Private Improvements" means the the improvements to be constructed on the 1987 Project Area which are to be owned by other than the HRA or City. "Public Improvements" means streets, roads, curbs, gutters, sidewalks, storm water hotding pond, public parking, public transportation facilities and public utilities to be constructed and installed by the City or the HRA on or adjacent to the 1987 Project Area. "Public Redevelopment Cost" means the total amount expended and to be expended by the City and /or the HRA on Redevelopment Activities, less the Capital Proceeds of the 1987 Project. "Redevelopment Activities" means all actions taken or to be taken: (1) by the HRA in establishing, implementing and carrying out the 1987 Project, including but not limited to the acquisition of the 1987 Project Area, the acquisition and construction of the Public Improvements to be constructed by the HRA, and the acquisition and construction of the Park; (2) by the City in aid of the 1987 Project pucsuant to the Plan, including, but not limited to, the acquisition and construction of the Public Improvements to be constructed by the City; and (3) by Developers in constructing the Private Improvements. "Redevelopment Agreement" means any and all agreements between the HRA or the City, or both and a Developer with respect to the 1987 Project. "1987 Project" means all of the Private Improvements, the Park and all of the Public Improvements constructed or to be constructed upon or adjace:it to the 1987 Project Area, and includes the 1987 Project Area. "1987 Project Area" means the entire parcel of land upon which the 1987 Project is or is to be constructed, as more -2- fully described on Exhibit A attached hereto and hereby made a part hereof. ' C. Statement of Need. There exists in the City a shortage of decent, safe, sanitary and affordable housing for the elderly and persons of low and moderate income and the HRA, as in the past, is desirous of promoting the development of housing for the elderly and other persons in the City. There is a need for redevelopment of the 1987 Project Area which will result in the increase of the value of property subject to taxation by the City and other local government units, and the increase of general economic activity in the City, all of which will improve living standards, promote desirable development of 1987 Project Area in an orderly fashion and at a cost reasonably related to the public purpose to be served without residential clearance and with full consideration of the preservation of beneficial aspects of the urban and natural environment for a use consistent with emphasis on housing for the elderly and persons of low and moderate income, prevent the emergence of blighted property and areas, relieve congestion and volume of traffic in the 1987 Project Area and on adjacent streets, add to the cultural facilities available to the public in the City, and encourage and enhance the general health and welfare of the residents of the City. The actions herein proposed to be taken by the City with respect to the 1987 Project are necessary to secure the redevelopment of the property included in the 1987 Project Area, at this time and in a manner which will best meet those needs. D. Statement of Objectives. The objectives sought to be accomplished by the HRA and the City in establishing and carrying out the 1987 Project and in financing of the Public Redevelopment Cost thereof, as specified herein, are to meet the needs specified in the Original Plan and in paragraph C: a. by promoting and securing the prompt and orderly redevelopment of the property in the 1987 Project Area in a manner consistent with applicable governmental comprehensive plans and with a minimal adverse impact on the environment; b. by controlling the intensities of land uses to alleviate existing and future traffic impacts on France Avenue and the road system in the southeast area of the City; C. by promoting and securing additional housing for the elderly, persons of low and moderate income and other residents of the City and surrounding area at a reasonable cost, thereby enhancing living conditions and their general health and welfare; -3- d. by securing the increase of property subject to taxation by the City, Hennepin County and the school. district in which the 1987 Project Area is located, and other local government taxing jurisdictions, in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; and e. by undertaking and providing moneys for the payment of the cost of Redevelopment Activities in or adjacent to the 1987 Project Area which are necessary to serve the 1987 Project Area and for the orderly and beneficial development of the 1987 Project Area and adjacent areas of the City. II. 1987 PROJECT A. Description of 1987 Project. 1. 1987 Project Area. The 1987 Project Area is primarily unimproved and is located in the City. The legal description of the 1987 Project Area is as set forth in the attached Exhibit A. The 1987 Project Area is not presently owned by the HRA. 2. Conditions of Blight. The 1987 Project Area is blighted by virtue of conditions of unusual and difficult physical characteristics of the ground and other conditions which has prevented normal development of the land by private enterprise and has resulted in stagnant and unproductive conditions of land. However, the 1987 Project Area is potentially useful and valuable for redevelopment which would contribute to the general health, safety and welfare of the residents of the City. The 1987 Project Area will not be reasonably available for redevelopment by private enterprise. or redeveloped by private enterprise, in the foreseeable future, unless the blighting conditions thereof are removed. The City and the HRA can remove, or cause or assist a Developer to remove, such blighting conditions, and to redevelop the 1987 Project Area by construction and installation thereon of the Private Improvements, the Public Improvements and the Park by jointly exercising the powers conferred upon them by law for this purpose. 3. Redevelopment Activities. The 1987 Project includes the following Redevelopment Activities: a. By the City or the HRA, directly or pursuant to a Redevelopment Agreement with a Developer: (1) the acquisition by the HRA of all or substantially all of the 1987 Project -4- Area; (2) the payment of SAC and of water connection charges, the physical 'preparation of the 1987 Project Area by development by the grading of the 1987 Project Area and the making of soil corrections and construction of a storm water holding pond and the construction and installation of public streets and public utilities, the conveyance to Developers of the portions of the 1987 Project Area on which the Private Improvements are to be constructed, the construction or installation of the Park, the Public Improvements and other public amenities all as provided for in a Redevelopment Agreement; and (3) the making of studies and planning and informational activities relating to the 1987 Project. b. By a Developer: (1) the construction and installation of the Private Improvement; (2) the performance of such Redevelopment Activities on behalf of the City or the HRA as may be required by the City or the HRA and specified in a Redevelopment Agreement, subject to reimbursement of the cost thereof by the City or the HRA from Tax Increments to be derived from the District; (3) the payment and financing of the cost of the Private Improvement; and (4) the operation of the Private Improvements. C. No contracts have been entered into for Redevelopment Activities. d. No development other than that described in this Section 3 is presently proposed to take place in the 1987 Project Area. B. Development of 1987 Project Area. 1. Use. The property in the 1987 Project Area will be redeveloped by the construction and installation of the Park, the Private Improvements and the Public Improvements. 2. Redevelopment Agreements. Upon acquisition of the 1987 Project Area by the HRA, the property in the 1987 Project Area on which the Private Improvements are to be located will be sold by the HRA to a Developer for redevelopment pursuant to one or more Redevelopment Agreements under which, among other things, a Developer will be required to construct and install the Private Improvement by a specified date, the Private Improvements to have at least a specified minimum number of square feet and a specified minimum cost; to complete certain percentages of the work by specified dates pursuant to plans and specifications submitted to and building permits issued by or on behalf of the City, and pursuant to and in accordance with all other applicable governmental regulations; and to demonstrate its financial capability for so doing. -5- C. Relocation. No person will be displaced and have to be relocated as a result of the 1987 Project. III. FINANCING OF PUBLIC REDEVELOPMENT COST OF 1987 PROJECT The Public Redevelopment Cost of the 1987 Project will be paid from the tax increment derived from the District and from tax increment to be derived from one or more tax increment financing districts containing parcels in the 1987 Project Area if established by the HRA. At the present time the 1987 Project Area is not included in any tax increment financing districts but it is the intent of the HRA to establish one or more tax increment financing districts comprising the 1987 Project Area at a future date in order to finance the _:ortion of the Public Redevelopment Cost of the 1987 Project not paid from tax increment derived from the District. IV. IMPLEMENTATION OF 1987 PROJECT A. In General. The 1987 Project and this 1987 Amendment shall be implemented on behalf of the City by the City Council and the HRA. B. Cooperation Agreement. If necessary, the City and the HRA shall enter into a Cooperation Agreement for the purpose of specifying the duties and responsibilities of each with respect to the implementation of the 1987 Project and this 1987 Amendment, and the application of the Tax Increments to be derived from the 1987 Project Area. V. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter the 1987 Project and to further amend or modify the Plan by their joint action, subject to the provisions of state law regulating such action. VI. ORIGINAL PLAN The Original Plan except to the extent the provisions thereof are explicitly amended or supplemented by this 1987 Amendment shall remain in and be in full force and effect. EXHIBIT A LEGAL DESCRIPTION OF 1987 PROJECT AREA. A -1 060 PARE AVENUE NEW TORE. NEW VON■ 10022 (912)416 -9200 040 FIRST NATIONAL BANK BUILDING P. O. BOX 646 ROCHESTER, MINNESOTA 00900 (607)986.966 610 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL. MINNESOTA 66101 (618)227 -6017 015 FIRST NATIONAL HANK BUILDING WATTATA. MINNESOTA 661191 (ete) 475.0070 0 ORACF.CHURCR STREET LONDON ECDV OAT, ENGLAND 01- 029 -0004 DOi3SEY & WHITNEY A PAmSMUIP I►CLUMX0 P*e -N " 2200 FIRST HANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX 29 -0605 TELECOPIER (612)340 -ESGS THOMAS S. ERICKSON, P. A. (618) 040 -2689 City of Edina 4801 West 50 Street Edina, Minnesota 55424 Attn: Ms. Marce Daehn July 20, 1987 Housing and Redevelopment Authority of Edina, Minnesota 4801 West 50 Street Edina, Minnesota 55424 ,.,'Attn: Mr. Gordon Hughes 1200 FIRST INTERSTATE CENTER 401 NORTH Din STREET P. O. BOX 7106 BILLINGS. MONTANA moo (406)860.0600 201 DAVIDSON BDILDINO 6 THIRD STREET NORTH GREAT FALLS. MONTANA 59401 (4061727 -0002 127 EAST FRONT STREET MISSOUTA. MONTANA 66800 (406)721.6006 GO RUE LA EOETIE 75006 PARIS. FRANCE OD -03 (1)40 -69.10 -66 OR -00 (1) 46.62.09 -60 Re: 1987 Amendments to the Southeast Edina Redevelopment Plan Dear Marce and Gordon: I enclose herewith Exhibit A to the 1987 Amendments to the Southeast Edina Redevelopment Plan. This should be inserted in the copies of the Plan in the files of the City and of the HRA. If you have any questions concerning this exhibit, please advise. TSE:jd enclosure cc w /enclosure: Jerome P. Gilligan Very truly yours, Tho as S. E son A X05/13/98 WED 10:34 FAX 1612340264¢ DORSEY WHITNEY . l ' I 40 1988 AMENDMENTS TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA .- IM 002 05/13/88 SPED 10:34 FAX 16123402644 DORSEY WHITNEY Table of Contents I. Introduction A. Recitals and Statement of Authority B. Definitions C. Statement of Need D. Statement of objectives II. Interest Reduction Program A. Description of Interest Reduction Program B. Estimated Costs of Interest Reduction Program 1I1. Financing of Interest Reduction Program A. In General B. Cooperation Agreement C-. V. Additional Amendments to Plan VI. original Plan c 10003 05/13/98 WED 10:34 FAX 16123402644 DORSEY WHITNEY I. INTRODUCTION A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously approved the Southeast Edina Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 469.174, subdivision 9. The Commissioners of the HRA have approved various amendments to the Southeast Edina Redevelopment Plan. It has been proposed, that the HRA develop and administer an interest reduction program to assist in the development of housing units to be constructed in connection with a redevelopment project to be undertaken in accordance with the Southeast Edina Redevelopment Plan. This 1988 Amendment supplements and amends the Southeast Edina Redevelopment Plan to provide for an interest reduction program. This 1988 Amendment does not enlarge the tax increment financing district established by the Southeast Edina Redevelopment Plan. This 1988 Amendment is established by action of the Commissioners of the HRA and the City Council of the City, pursuant to Minnesota Statutes, Sections 469.001 to. 469.047, and this 1988 Amendment is approved by such bodies pursuant to Minnesota Statutes, Sections 469.001 to 469.047. B. Definitions. Each of the words and terms defined in this Section shall or all purposes of this 1988 Amendment, { have the meanings given to them in this Section: "Bonds" means the obligations issued by the City or the HRA the principal of and interest on which is payable in whole or in part out of the Tax Increment to finance or provide for the payment of the costs of the Interest Reduction Program. "City" means the City of Edina, Hennepin County, Minnesota. "Developer" means any Person who constructs the H., ousing Units. "District" means the existing tax increment financing district created by the Plan and designated by Hennepin County as number 1201. "Housing Units" means the housing units to be constructed in the Plan Area by one or more Developers, which housing units are to be sold upon completion to purchasers who intend to occupy the housing units as their principal place of residence. "HRA" means the Housing and Redevelopment Authority of Edina, Minnesota. W 004 I 05/13/98 SPED 10:35 Fk% 16123402644 DORSEY WHITNEY "Interest Reduction Program" means a program of the HRA described in this 1988 Amendment to make payments of interest due on loans made by a private lender to a Developer for the construction of Housing Units, any such payments may be made to the Developer or directly to a private lender. "1988 Amendment" means this 1988 Amendments to the Southeast Edina Redevelopment Plan. "Original Plan" means the Southeast Edina Redevelopment Plan, as hereto amended and supplemented by the HRA and the City Council pursuant to law. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust or unincorporated organization. "Plan " means the Original Plan as supplemented and amended by this 1988 Amendment and as further supplemented and amended from time to time by the HRA and City Council. "Plan Area" means the area in the City'subject to the Plan. "Tax Increment" means tax increment payable to the HRA from the District in accordance with Minnesota Statutes, Section 469.042. C. Statement of Need. There exists in the City a need to prove e a or a e and attractive housing for the elderly and persons of low and moderate income, and the HRA, as in the past, is desirous of promoting the development of attractive and affordable housing in the City_ There is a need for redevelopment of the Plan Area which will result in the increase of the value of property subject to taxation by the City and other local government units, and the increase of general economic activity in the City, all of which will improve living standards, promote desirable development of the Plan Area in an orderly fashion and at a cost reasonably related to the public purpose to be served without residential clearance and with full consideration of the preservation of beneficial aspects of the urban and natural environment, prevent the emergence of blighted property and areas, relieve congestion and volume of traffic in the Plan Area and on adjacent streets, add to the recreational and cultural facilities available to the public in the City, and encourage and enhance the general health and welfare of the residents of the City. The actions herein proposed to be taken by the City with respect to the Interest Reduction Program are necessary to secure the redevelopment of the property included in the Plan Area, at this time and in a manner which will best meet those needs. Q005 05/13/98 WED 10:35 FkX 16123402644 DORSEY WHITNEY D. Statement of Objectives. The objectives sought to be accomplished by the HRA and the City in establishing and carrying out the Interest Reduction Program and in financing the cost thereof, as specified herein, are to meet the needs specified in the Original Plan and in paragraph C: a. by promoting and securing the prompt and orderly redevelopment of the property in the Plan Area in a manner consistent with applicable governmental comprehensive plans and with a minimal adverse impact on the environment; b. by..controlling the intensities of land uses to alleviate existing and future traffic impacts on France Avenue and the road sys�_em in the southeast area of the City; c. by promoting and securing additional attractive and affordable housing for the elderly, persons of low and moderate income and other residents of the City and surrounding area at a reasonable cost, thereby enhancing living conditions and their general health, and welfare; d. by securing the increase of property subject to taxation by the City, Hennepin County and the school district in which the Plan Area is located, and other local government taxing jursidictions, in order to better \ enable such entities to pay for public improvements and governmental services and programs required to be provided by them; and e. by undertaking and providing moneys for the payment of the cost of developing and administering the Interest Reduction Program which is necessary for the orderly and beneficial development -of the Plan Area and adjacent areas of the City. II. INTEREST REDUCTION PROGRAM A. ' Description of Interest Reduction Pro ram. The HRA will develop and administer the Interest Reduction Program to assist in the financing of the construction of the Housing Units. In developing the Interest Reduction Program the HRA has considered: (1) The availability and affordability of other governmental programs; (2) The availability and affordability of private market financing; and (3) The need for affordable mortgage �, credit to encourage the construction 19006 08/13/98 WED 10:36 FA1 16123402644 DORSEY WHITNEY y ,y and enable the purchase of housing units within the jurisdiction of the HRA. The HRA shall adopt rules for the Interest Reduction Program. Interest reduction assistance shall not be provided under the Interest Reduction Program for any Housing Units if the HRA determines that financing for the purchase of such Housing Units is otherwise available from private lenders upon terms and conditions that are affordable by the applicant as provided by the -HRA in its rules. The HRA hereby authorizes all payments of interest reduction assistance to be made pursuant to the, Interest Reduction Program and acknowledges that it is anticipated that substantially all of such payments are likely to be made after January 1, 1989. B. Estimated Costs of Interest Reduction Program. The total costs estimated to be incurred by the City and the HRA, directly or indirectly, in developing, administering and financing the Interest Reduction Program are estimated to be as follows: Payment of interest $2,000,000 Capitalized Interest 400,000 C Legal, Fiscal and Administrative 50,000 Bond Discount 50,000 TOTAL $2,500,000 In addition to the foregoing costs an additional cost to be incurred by the HRA and the•City will be the interest payable on the Bonds (other than interest paid out of proceeds of the Bonds). This interest cost will not be determined until sale of the Bonds. The items shown above are estimated to be necessary based upon the information now available. It is anticipated that the items of cost and amounts thereof shown on each category above may decrease or increase, but the total cost will not exceed the amount shown above., I1I. FINANCING OF INTEREST REDUCTION PROGRAM A. In General. The cost of the Interest Reduction Program will be paid from the Tax Increment either directly or indirectly by the payment of debt service on the Bonds issued to finance such cost in the principal amount of $2,500,000. The Bonds will-be issued by the City or the HRA under authority of Minnesota Statutes, Chapter 475, and Sections 469.174 to 469.175. -A - 1007 05/13/98 WED 10:36 FAX 16123402644 DORSEY WHITNEY B. Bond Terms. The terms of the Bonds are expected to be as set forth below; however, the right is reserved to adjust any and all terms of the Bonds to secure the best interest rate obtainable and to insure that the entire principal of and interest on the Bonds will be paid when due from the Tax Increment. The Bonds will be issued in one or more series, in the aggregate principal amount of $2,500,000, will mature serially over a period ending not later than August 1, 2D09, will be subject to redemption prior to maturity, will bear a fixed rate or rates of interest from date of issue to maturity, and will be payable semiannually commencing approximately six months after the issuance thereof. C. Security For And Payment Of Bonds. The Bonds will be general obligations of the City or the HRA, and the full faith and credit and the taxing powers of the City or the HRA will be pledged for their payment. The principal of and interest on the Bonds will be payable from the Tax Increments and from ad valorem taxes to be levied on all taxable property in the City, but if necessary for the payment of additional ad` valorem taxes will be required by law to be levied on all taxable property in the City, which taxes r will not be subject to any limitation as to rate and amount. IV. IMPLEMENTATION OF COST OF INTEREST REDUCTION PROGRAM A. In General. The Interest Reduction Program and this 1988 Amendment shall be implemented on behalf of the City by the City Council and the HRA. B. Cooperation Agreement. If necessary, the City and the HRA shall enter into a Cooperation Agreement for the purpose of specifying the duties and responsibilities of each with respect to the implementation of the Interest Reduction Program and this 1988 Amendment, and the application of the Tax Increments to pay the Bonds. V. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter the Interest Reduction Program and to further amend or modify the Plan by their joint action, subject to the provisions of state law regulating such action. VI. ORIGINAL PLAN The Original Plan except to the extent and provisions thereof are explicitly amended or supplemented by this 1988 r Amendment shall remain in and be in full force and effect. I Zoos 01 - As of February 1, 2012 Draftfor Fiscal Implications Modification to the Tax Increment Financing Plan for the Centennial Lakes Tax Increment Financing District (a redevelopment district) within the Southeast Edina Redevelopment Project Area Edina Housing and Redevelopment Authority City of Edina Hennepin County State of Minnesota Adopted: March 7, 1 988 Public Hearing on Modification No. 7: February 21, 2012 Modification No. 7 Adopted: This document is in draft form for distribution to the County and the School District. The TIF Plan contains the estimated fiscal and economic implications of the proposed TIF District. The City and the HRA may make minor changes to this draft document prior to the public hearing. Ja FREERS Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105 651 - 697 -8500 fax: 651 - 697 -8555 www.ehlers - inc.com 8 Table of Contents (for reference purposes only) Section 1 - Municipal Action Taken ............................................................ ............................... 1 Section 2 - Tax Increment Financing Plan for the Centennial Lakes Tax Increment FinancingDistrict ......................................................................................... ............................... 2 Subsection2 -1. Foreword ..................................................................... ............................... 2 Subsection 2 -2. Statutory Authority ..................................................... ............................... 2 Subsection 2 -3. Statement of Objectives ........................................... ............................... 2 Subsection 2 -4. Redevelopment Plan Overview ............................... ............................... 4 Subsection 2 -5. Description of Property in the District and Property To BeAcquired ................................................................ ............................... 4 Subsection 2 -6. Classification of the District and Reasonable Expectations .............. 4 Subsection 2 -7. Duration and First Year of Tax Increment of the District .................... 5 Subsection 2 -8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value /Increment and Notification of Prior Planned Improvements............................................................ ............................... 5 Subsection 2 -9. Sources of Revenue /Bonds to be Issued .............. ............................... 7 Subsection 2 -10. Uses of Funds ............................................................ ............................... 8 Subsection 2 -11. Fiscal Disparities Election ........................................ ............................... 9 Subsection 2 -12. Business Subsidies ................................................. ............................... 10 Subsection 2 -13. Estimated Impact on Other Taxing Jurisdictions ............................... 11 Subsection 2 -15. Supporting Documentation ....................Error! Bookmark not defined. Subsection 2 -16. Definition of Tax Increment Revenues ................. ............................... 13 Subsection 2 -17. Modifications to the District .................................... ............................... 13 Subsection 2 -18. Administrative Expenses ........................................ ............................... 14 Subsection 2 -19. Limitation of Increment ........................................... ............................... 15 Subsection 2 -20. Use of Tax Increment ............................................. ............................... 15 Subsection 2 -21. Excess Increments .................................................. ............................... 16 Subsection 2 -22. Requirements for Agreements with the Developer ........................... 16 Subsection 2 -23. Assessment Agreements ....................................... ............................... 16 Subsection 2 -24. Administration of the District .................................. ............................... 17 Subsection 2 -25. Annual Disclosure Requirements ......................... ............................... 17 Subsection 2 -26. Other Limitations on the Use of Tax Increment .. ............................... 17 Subsection2 -27. Summary .................................................................. ............................... 17 Appendix A Project Description ........................................................................ ............................A -1 Appendix B Map of the Southeast Edina Redevelopment Project Area and the District ..................B -1 Appendix C Description of Property to be Included in the District ................ ............................... C -1 Appendix D Estimated Cash Flow for the Remaining Term of Distric .......... ............................... D -1 Appendix E Minnesota Business Assistance Form ........... ............................... ............................E -1 Section 1 - Municipal Action Taken Based upon the statutory authority described in the Redevelopment Plan attached hereto, the public purpose findings by. the City Council and for the purpose of fulfilling the City.'s development objects as set forth in the k6development Plan, the City Council has created, 'established and designated the Southeast Edina Redevelopment Plan pursuant to and in accordance with the requirements of Minnesota Statutes, Section 469.027. The following municipal action was taken with regard to the Tax Increment Financing District located within the Southeast Edina Redevelopment Project Area: Centennial Lakes Tax Increment Financing District: March 7, 1988: Thee Tax Increment Financing Plan -for Centennial Lakes Tax Increment Financing District was adopted by the HRA and City Council. 1988: The Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was modified by the HRA and City Council to amend the District budget in order to provide for the transfer of tax increment revenue from Edinborough Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $17,000,000 to pay for project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District. 1990: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council in order to provide for the transfer of tax increment revenue from 50`h and France Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $10,000,000 pay for ,project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District. December 29, 1998: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council order to provide for the transfer of tax increment revenue from Southdale Tax Increment Financing District into Centennial Lakes Tax Increment Financing District in the amount of $1,399,306 pay for project costs included in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District and for bonded indebtedness. March, 2001: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by; the HRA and City Council in order to account for additional land acquisition costs and land sale proceeds. December 20, 2005: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council to amend the District budget in order to provide for the additional transfer of tax increment revenue from 50`h and France Tax Increment Financing District into Centennial Lakes' Tax Increment Financing District in the amount of $5,000;000 for payment of principal'and interest on bonded indebtedness. November 18, 2008: The budget in the Tax Increment Financing Plan for Centennial Lakes Tax Increment Financing District was amended by the HRA and City Council in order to provide for the additional transfer of tax increment revenue from 50`h and France Tax Increment Financing District into Centennial Lakes Tax Increment. Financing District in the amount of $2,000,000 and from Edinborough Tax Increment Financing District into Centennial Lakes Financing District in the amount of $5,000,000 for payment of principal and interest on bonded indebtedness. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 1 -1 February 21, 2012: The Tax Increment- Financing Plan for Centennial Lakes Tax Increment Financing District is being modified to bring. the budget into_ conformity with current Office of the State Auditor regulations and to authorize increment to be used to acquire parcels and facilitate redevelopment in the expanded'Southeast Edina Redevelopment Project Area. Section 2 - ,Tax Increment Financing Plan. for the Centennial Lakes Tax Increment Financing District Subsection 2 -1. Foreword The Edina Housing. and Redevelopment Authority (the "HRA" ),'the City of Edina (the "City "), staff and consultants have prepared the; following information to modify the Tax Increment Financing Plan (the "TIF Plan") for the Centennial Lakes Tax Increment Financing District (the "District "), a redevelopment tax increment financing district that was established by resolution of the HRA and City on March 7, 1988 91 and ocated in the Southeast Edina Redevelopment Project Area. The Hennepin County Codes for the District are 1203 and 1249. The County Code of 1203 'references the parcels' in the District which are located in the Richfield School District ISD, No. 280, and the County'Code of 1249 references the parcels in the District which are located in the Bloomington School District ISD, No. 271. Subsection 2 -2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes CVS.'), Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act "), to assist in financing public costs related to this project. This section contains the TIF Plan for the District. This modification to the TIF Plan (the "Modification ") restates and replaces, in their entirety, the original TIF Plan adopted on March 7, 1988 (the "Original TIF Plan") and all subsequent modifications. A list of City and HRA actions taken in connection with the TIF Plan is provided in Section 1. Other relevant information is contained in the Modification to the Redevelopment Plan (the "Redevelopment Plan") for the Southeast Edina Redevelopment-Project Area (the "Project Area "). Subsection 2 -3. Statement of Objectives The purpose of this Modification to the TIF Plan is to identify parcels that the HRA and City are authorized to acquire with tax increments derived from the District, and to authorize the HRA and City to expend tax. increments derived from the District on redevelopment activities in the modified and expanded Project Area. The modification also restates the budget in conformance with the Office of the State Auditor requirements. The District was certified with seven parcels and currently consists of thirteen parcels of land and adjacent and internal rights -of -way. The increase in parcels resulted from replatting property within the district. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -2 (From Original TIF Plan) The District was created to: 1. Promote and secure the prompt and orderly redevelopment of the property within the Project Area in:. a manner consistent with. applicable. governmental comprehensive plans and with minimal adverse impact on the environment; 2. Control the intensities of land uses to alleviate the existing and future traffic impacts on France Avenue and ".tlze road system in the southeast area of the City; 3. Promote and secure additional housing for the elderly and persons of low and moderate income and other residents of the City and surrounding area at a reasonable cost, thereby enhancing living conditions and their general health and welfare; . 4. Secure the increase in property subject to taxation by the City, Hennepin County, Independent School District Nos. 280 & 271 and "other local government taxing jurisdictions, in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; and S. Provide moneys for the payment of the cost of redevelopment activities in or adjacent to the Project Area which are necessary to serve the Project Area and for the orderly and beneficial development of the Project Area and adjacent areas of the City. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Southeast Edina Redevelopment Project Area. Please see Appendix A for further District information. As of the date of this modification to the TIF Plan, The HRA has entered into the following development agreements: 1. Tax Increment Assistance Agreement between the HRA and United Properties dated July 1, 1996 for the construction of an office building,. restaurant, and related parking facilities and other site improvements. 2. South Park Development Agreement and Tax Increment Assistance Agreement between the HRA and South Edina' Development Corporation, dated. December 1, 1996, for construction of office buildings and related public improvements. The activities contemplated in. the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Southeast Edina Redevelopment Project Area and the District. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -3 Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired - The HRA or City currently owns one parcel of property within the District. The remaining property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. Furthermore, tax increments may be used to acquire property located within the Project Area and shown on the map in Appendix B. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the Project Area, or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District and Project Area. Subsection 2 -6. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. Subsection 2 -6. Classification of the District and Reasonable Expectations (From Original TIF Plan) Tax Increment Financing District. Less than 70 percent of the parcels in the District are occupied by buildings, streets, utilities, or other improvements. As shown by the Real Estate Consulting Analysis dated September 15, 1987 prepared by Robert Boblett Associates, Inc., due to unusual terrain and soil deficiencies requiring substantial filling, grading or other physical preparation for use at least 80% of the total acreage of land in the District had a fair market value upon inclusion in the District, which when added to the cost of preparing that land for development, excluding costs directly relating to roads and defined in Section 160.01 and local improvements as described in Section 429.021, subdivision 1, clauses 1 to 7, 11 and 12 and 430. 01, exceeds it anticipated fair market value after completion of the preparation. In addition, the HRA has concluded an agreement for the development of at least 50% of the acreage in the District having the unusual soil or terrain deficiencies, which agreement provides recourse to the HRA should the development not be completed. Therefore, the District comprises and is designated as a "Tax Increment Financing District" and is a "Redevelopment District ", as defined in and pursuant to Minnesota Statutes, Sections 469.174 to 469.179. Edina Housing & Redevelopment Authority I Centennial Lakes TIF District 2 -4 Subsection 2 -7. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within. the TIF Plan. Pursuant to M.S., Section. 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the HRA (a total of 26 years of tax increment). Hennepin County certified the TIF District on April 5, 1988 (referred to by Hennepin County as District No. 1203 and No. 1249) and the HRA received the first tax increment in 1989. Thus, the District, including any modifications of the TIF Plan for subsequent, phases or other changes, will terminate after- 2014, or when the TIF Plan is satisfied. The HRA reserves the right to decertify the District prior to the 11 egally required date. Subsection 2 -8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value /Increment and Notification of Prior Planned Improvements (From Original TIF Plan) The Assessed Value of all taxable property in the District as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1987 with respect to the Assessed Value of such property as of January 1, 1987, for taxes payable in 1988 is estimated to be $4,823,003, which amount is expected to be the Original Assessed Value of such property. A parcel included in the District (PID 95- 27 -24 -21 -0004) is tax exempt by reason of ownership of such parcel by the HRA. Such parcel has been owned by the HRA for.more than one year and pursuant to Minnesota Statutes, Section 469.174, subdivision 7, the original assessed value of such property while owned by the District will be zero. (As Modified February 21, 2012) Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity.(ONTC) as.certified for the District was based on the market values placed on the property by the assessor in 1987 for taxes payable 1988. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 1989) the amount by which the original value has increased or decreased as a result of: l . Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court- ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -5 In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The ONTC for the District certified by Hennepin County for taxes payable in 2012 is $200,867. No parcels have been added to the TIF District nor has there been any change to the tax exempt status of property within the district; therefore any change to the ONTC since 1988 would be due to changes in the use of the property or classification and statutory changes to class rates. Because the request for certification of the District occurred prior to May 1, 1988, the requirement to use the lesser of the current local tax rate or the original local tax rate, pursuant to M.S. Section 469.177, Subd la does not apply to the District. The current local tax rate will be used to calculate annual tax increment. The estimated local tax rate for taxes payable 2012 is used for the purpose of tax increment projections in the Modification. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within the Southeast Edina Redevelopment Project Area will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 1989. The Project Tax Capacity (PTC) listed are the values assessed in 2011 for taxes payable in 2012. The parcels in the District are in two unique taxing areas. The CTC for the parcels in the School District No. 280 is listed in the chart below and the CTC for the parcels in School District No. 271 is listed on the next page. Centennial Lakes Tax Increment District Parcels in School District No. 280 (County Code No. 1203) Project Estimated Tax Capacity upon Completion (PTC) $3,327,678 Less Original Estimated Net Tax Capacity (ONTC) ($194,197) Estimated Captured Tax Capacity (CTC) $3,133,481 Original Local Tax Rate 1.14022 Estimated Pay 2012 Estimated Annual Tax Increment (CTC x Local Tax Rate) $3,572,857 Percent Retained by the HRA 100% Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -6 Centennial Lakes Tax Increment District Parcels in School District No. 271 (County Code No. 1249) Project Estimated Tax Capacity upon Completion (PTC) $17,980 Less Original Estimated Net Tax Capacity (ONTC) ($6,670) Estimated Captured Tax Capacity (CTC) $11,310 - Original Local Tax Rate 1.08127 Estimated Pay 2012 Estimated Annual Tax Increment (CTC x Local Tax Rate) $12,229 Percent Retained by the HRA 100% The HRA and City are not adding parcels to the District. Subsection 2 -9. Sources of Revenue /Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by bond issues, loans, and transfers. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below: Sources Cumulative Modified Budet 11/18/2008 Proposed Budget Modification 2/21/2012 Tax Increment (See Note 1) 90,000,000 130,000,000 Interest 2,500,000 5,000,000 Bond Proceeds (See Note 3) 34,400,000 Sales /lease proceeds 11,637,070 9,137,070 Other Revenues (See Note 2) 1,894,632 - Transfers In (See Note 1) 40,000,000 - TOTAL 180,431,702 t1444,137,070 Note 1: The Transfers In are transfers of increment from the Edinborough, Southdale, and 50°i and France Districts for debt service. The Office of the State Auditor (the "OSA ") requires these transfers to be reported as "tax increment ". Note 2: Other revenues include special assessments, sale of materials and developer payments. These revenue sources are not considered increment and therefore have been removed from the TIF budget and reporting forms, as required by the OSA. Note 3: Proceeds of the TIF Bonds have been removed from the TIF budget and reporting forms, as required by the OSA. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -7 The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $41,400,000. Such bonds may be in the form of pay -as- you -go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is 'a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 2 -10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of public improvements within the Project Area as modified on February 21, 2012. To facilitate the development or redevelopment of the property within the Project Area, this TIF Plan authorizes the use of tax increment financing to, Pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. A developer has not been designated for new activities. The HRA or City reserves the right to acquire any parcel located within Southeast Edina Project Area, as shown in Appendix B of this Modification. This modification does not obligate the HRA or City to purchase any parcels, nor: does it exempt the City and HRA from any other statutory requirement related to the acquisition of property. Note l: Reporting forms consolidate most previous budget categories into "Other Qualifying Improvements ". The February 21, 2012 budget modification follows the current OSA budgeting and reporting format. Note 2: Reporting forms no longer list bond and loan principal as a budgeted line item. The City and Edina Housing &.Redevelopment Authority Centennial Lakes TIF District 2 -8 Cumulative Proposed Uses Modified Budet Budget Modification 11/18/2008 2/21/2012 Land/Building Acquisition 22,981,425 30,000,000 Site Improvements /Preparation 10,432,747 15,000,000 Other Qualifying Improvements (See Note 1) 50,337,070 Parking Faciltiies 8,860,000 Park Facilties 6,578,483 Bond Principal Payments (See Note 2) 41,400,000 Bond Interest Payments 38,000,000. see below Loan Principal Payments Loan Interest Payments 14,684,711 see below Other Improvements Parkland Dedication 2,030,345, Paid to other Governments 42,000 Administrative Costs (up to 10 %) 1,600,000 1,800,000 PROJECT COST TOTAL 146,609,711 979137,070 Interest 47,000,000 PROJECT AND INTEREST COSTS TOTAL 146,609,711 144,137,070 District Balance (Deficiency) 33,821,991 - Note l: Reporting forms consolidate most previous budget categories into "Other Qualifying Improvements ". The February 21, 2012 budget modification follows the current OSA budgeting and reporting format. Note 2: Reporting forms no longer list bond and loan principal as a budgeted line item. The City and Edina Housing &.Redevelopment Authority Centennial Lakes TIF District 2 -8 HRA are authorized to issue up to $41,400,000 in bonds to pay for budgeted expenditures. The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Funds above. Estimated costs associated with the District are, subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget ' above pursuant to the applicable statutory requirements. Subsection 2 -11. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the HRA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. 2. The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension. of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The HRA has chosen to calculate fiscal disparities by clause a. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Edina Housing& Redevelopment Authority Centennial Lakes TIF District 2 -9 Subsection 2 -12. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: 1. A business subsidy of less than $150,000; 2. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; 3. Public improvements to buildings or lands owned by the state or-local government that serve a public purpose and do.•not principally benefit a single business or defined group of businesses at the time the improvements are made; 4. Redevelopment property polluted by contaminants as defined in M.S., Section 116J552, Subd. 3; 5. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; 6. Assistance to provide job readiness and training services. if the sole purpose of the assistance is to provide those services; 7. Assistance for housing; 8. Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; 9. Assistance for energy conservation; 10. Tax reductions resulting from conformity with - federal tax law; ]I. Workers' compensation and unemployment compensation; 12. Benefits derived from regulation; 13. Indirect benefits derived from assistance to educational institutions; 14. Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; 15. Assistance for a collaboration between a Minnesota higher education institution and a business; 16. Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; 17. Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent.or more of the assessor's current year's estimated market value; 18. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 19. Federal assistance _until the .assistance has been repaid to, and reinvested by, the state or local government agency; 20. Funds from dock and wharf bonds issued by a seaway port authority; 21. Business loans and loan guarantees of $150,000 or less; 22. Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and 23. Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. The HRA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -10 Subsection 2 -13. Estimated Impact on Other Taxing;Jurisdictions The estimated impact on other taxing jurisdictions. assumes that the redevelopment contemplated by the TIF Plan would have occurred without the creation of the District: However, the HRA and City have determined that. such development or redevelopment would not have occurred "but for" tax increment financing and. that, .therefore, .the fiscal impact on other .taxing jurisdictions is $0. The estimated fiscal impact of the District County Code 1203 for parcels located in the Richfield ISD No. 280 for taxes payable in 2012 would be as follows if the "but for" test, was not met: IMPACT ON TAXES'COUNTY CODE NO. 1203 Estimated 2011/Pay 2012 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity. Upon Completion to Entity Total Hennepin County 1,253,423,199 3,133,481 0.2500% City of Edina 96,048,515 3,133,481 3.2624% Richfield ISD No. 280 29,902,478 3,133,481 10.4790% IMPACT ON TAXES. COUNTY CODE NO. 1203 Estimated 2011/Pay 2012 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.487770 42.78% 3,133,481 1,528,418 City of Edina 0.259080 22:72% 3,133,481 811,822 Richfield ISD No. 280 0.282900 24.81% 3,133,481 886,462 Other 0.110470 9.96% 3,133,481 346,156 Total 1.140220 100.00 % 3,572,858 The estimated fiscal impact of the District County Code 1249 for parcels located in the Bloomington ISD No.271 for taxes payable in 2012 would be as follows if the "but for" test was not met: IMPACT ON TAXES COUNTY CODE NO. 1249 Estimated 2011/Pay 2012 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,253,423,199 11,310 0.0009% City of Edina 96,048,515 11,310 0.0118% Bloomington ISD No. 271 93,714,504 11,310 0.0121% Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -11 IMPACT ON TAXES COUNTY CODE NO. 1249 The estimates listed above display the captured tax capacity based on estimated Pay 2012 market values for property within the District. The tax rate used for calculations is the estimated Pay 2012 rate. The total net capacity for the entities listed above are based on estimated Pay 2012 figures. The Modification does not enlarge the boundaries of the TIF District and the TIF District is fully developed. Therefore, there is no estimated impact on other taxing jurisdictions as a result of this Modification. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be authorized over the life of the District is $130,000,000. (2) Probable impact of the District on city provided services and ability to issue debt. There is no probably impact of the District on City provided services such as police, fire and public works and ability to issue debt; (3) Estimated amount of tax increment attributable to Richfield ISD No 280 levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 280 levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $2,659,386; (4) Estimated amount of tax increment attributable to Bloomington ISD No 271 levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 271 levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $7,599; (5) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $4,601,805; Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -12 Estimated 2011/Pay 2012 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.487770 45.11% 11,310 5,517 City of Edina 0.259080 23.96% 11,310 2,930 Bloomington ISD No. 271 0.223950 20.71% 11,310 2,533 Other 0.110470 10.22% 11,310 1.249 Total 1.081270 100.00% 12,229 The estimates listed above display the captured tax capacity based on estimated Pay 2012 market values for property within the District. The tax rate used for calculations is the estimated Pay 2012 rate. The total net capacity for the entities listed above are based on estimated Pay 2012 figures. The Modification does not enlarge the boundaries of the TIF District and the TIF District is fully developed. Therefore, there is no estimated impact on other taxing jurisdictions as a result of this Modification. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be authorized over the life of the District is $130,000,000. (2) Probable impact of the District on city provided services and ability to issue debt. There is no probably impact of the District on City provided services such as police, fire and public works and ability to issue debt; (3) Estimated amount of tax increment attributable to Richfield ISD No 280 levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 280 levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $2,659,386; (4) Estimated amount of tax increment attributable to Bloomington ISD No 271 levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to ISD No. 271 levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $7,599; (5) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $4,601,805; Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -12 (6) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to MS. Section 469.175 Subd. 2(b) within 15 days after receipt 'of the tax increment financing plan. No requests for additional, information from the county or school district regarding the proposed development for the District have been received. Subsection 2 -16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and, interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax'increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 280.1384. Subsection 2 -17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that, determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid or financed with tax increment from the, District; or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. The purpose of this Modification is to designate additional property to be acquired by the HRA or City and to bring the budget into compliance with current OSA regulation. Pursuant to M.S. Section 469.175 Subd. 469, the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net-tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10, must Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -13 be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the District and (2)(A) the: current net tax capacity of the parcel(s) eliminated from the District equals .or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HRA.agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax, capacity will he reduced by no more .than the current net tax capacity of the 1. parcel(s) eliminated from the District. This modification does not increase the geographic area of the District. The HRA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a' budget modification or an expansion of the boundaries will be recorded in,the TIF Plan. Subsection 2 -18. Administrative Expenses In accordance with M.S., Section, 469.174, Subd. 14, administrative expenses means all expenditures of the, HRA `or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts ,paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing_or businesses located in the District; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to MS., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in'clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, and before August 1, 2001; administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and d planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative, expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174; Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176, Subd., 3. The county may' require payment of those expenses by February 15 of the year following the,year the expenses.were incurred.' Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount currently .36 percent of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 1 2 -14 Subsection 2 -19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be.terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide "for the payment of the bond_ s at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment' financing district pursuant to M.S., Section 469.177,. no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or 'ivater systems, 'has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from . that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified 'by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce' the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February I of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. Subsection 2 -20. Use of Tax Increment The HRA or City hereby determinees that it will -use I00'percent of the captured net tax capacity of taxable property located. in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay 'pbblic redevelopment costs of the Southeast Edina Redevelopment Project Area pursuant to MS.,-Sections 469.001 to 469.047; 3. To pay-for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise'pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans; advances or other payments made to or on behalf of the HRA or.City or for the benefit of the Southeast Edina Redevelopment Project,Area by a developer; 6. To ` finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or- _pursuant "to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -15 on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. Tax increments generated in the District will be paid by Hennepin County to the HRA for the Tax Increment Fund of said District. The HRA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for HRA or City administration (up to 10 percent) and for the costs of public improvement activities outside the District. Subsection 2 -21. Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The HRA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the HRA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Southeast Edina Redevelopment Project Area or the District. Subsection 2 -22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the HRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HRA or City should the development or redevelopment not be completed. Subsection 2 -23. Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -16 specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are. to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2 -24. Administration of the District Administration of the District will be handled by the Executive Director Subsection 2 -25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the HRA or City must undertake financial reporting for all ' tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2 -26. Other Limitations on the Use of Tax Increment General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Southeast Edina Redevelopment Project Area pursuant to M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. Subsection 2 -27. Summary The Edina Housing and Redevelopment Authority established the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697 -8500. Edina Housing & Redevelopment Authority Centennial Lakes TIF District 2 -17 Appendix A Project Description The District was established in March, .1988 to redevelop parcels in the southeastern portion of Edina. The redevelopment consisted of office buildings, retail housing units, a restaurant, parking facilities and related improvements. Tax increment financing assistance was provided pursuant to, two development agreements described in Section 2 -3 of the Plan. The development is commonly referred to._today as Centennial Lakes. - Modification #7 to the District is being undertaken to accomplish the following: 1) Revise the District budget to be consistent with current statutory definitions of "tax increment" and the Office of the State Auditor tax increment reporting forms. 2) Authorize tax increment from the District to be used to undertake redevelopment of commercial areas and to pay .for the' installation of public improvements in.the expanded Southeast Edina Redevelopment Project-Area. All redevelopment will be consistent,with the City's normal planning process, including, the Comprehensive Plan and the use of Small" Area Plans or other planning tools deemed appropriate by the City Planning Commission and City Council. 3) Authorize the HRA and- City to use increment to acquire property in the expanded Southeast Edina Redevelopment Project Area as shown in Appendix B. This does not obligate the HRA or City to purchase -any property. Appendix A A -1 Appendix B Map of the Southeast Edina Redevelopment Project Area and the District Appendix B B -1 W� W m Z O 76TH ST W LL E i i t� �� F 111111 11 ON l n.L. �b•a [*ll"E1" IG111fI1 = f Nl _(" J ?P' 1 "6TH ST R' f Southeast Edina Project Area Modification w9t .rte and Centennial Lakes TIF District N O e` KS U Centennial Lakes TIF District W E �0 ® Southeast Edina Project Area S v .L Modified Project Area Engineering Dept. January. 2012 Appendix C Description of Property to be Included in the District (From Original TIF Plan) The District encompassed all property and adjacent rights -of -way and abutting roadways identified by the parcels listed below when certified in 1988. These parcel numbers vary from the Hennepin County frozen value list. Parcel Numbers 32.028.24.32.0002 32.028.24.33.0001 32.028.24.33.0002 32.028.24.33.0003 32.028.24.33.0004 5.27.24.21.0004 5.27.24.21.0005 (As Modified February 21, 2012) The District currently encompasses all property and adjacent rights -of -way and abutting roadways identified by the parcels listed below. No parcels are being added as part of this modification. The list below includes parcel splits that have occurred over the life of the District. Parcel Numbers Coun . Code Address Owner 32.028.24.23.0283 1203 3821 Gallagher Drive Miner Investment Group LP 32.028.24.32.0005 1203 7373 France Avenue South Aurora - Centennial Lakes LLC 32.028.24.32.0399 1203 7401 France Avenue South Centennial Lakes Plaza LLC 32.028.24.32.0400 1203 7501 France Avenue South Centennial Lakes Plaza LLC 32.028.24.33.0010 1203 Address Unassigned Rick Webb Real Estate LLC 32.028.24.33.0011 1203 7701 France Avenue South Centennial Lakes I LLC 32.028.24.33.0012 1203 7651 France Avenue South Centennial Lakes Grill LLC 32.028.24.33.0013 1203 7605 France Avenue South Centennial Lakes II LLC 32.028.24.33.0015 1203 3601 76`h Street West Centennial Lakes III LLC 32.028.24.33.0016 1203 7650 Edinborough Way Centennial Lakes IV LLC 32.028.24.33.0019 1203 3600 Minnesota Drive Centennial Lakes V LLC 32.028.24.33.0020 1203 Address Unassigned Edina HRA 05.027.24.21.0004 1249 Address Unassigned Shaner Spe Associates LLP Appendix C C -1 Appendix D Estimated Cash Flow for the Remaining Term of District Appendix D D -1 1 /30 /x. DistrictType: District Name /Number: County District #: First Year Construction or Inflation on Value Existing District - Specify No. Years Remaining Inflation Rate - Every Year: Interest Rate: Present Value Date: First Period Ending Tax Year District was Certified: Cashflow Assumes First Tax Increment For Development: Years of Tax Increment Assumes Last Year of Tax Increment Fiscal Disparities Election [Outside (A), Inside (B), or NAj Incremental or Total Fiscal Disparities Fiscal Disparities Contribution Ratio Fiscal Disparities Metro -Wide Tax Rate EHLERS L 4rxNS A ruuuc uN4NCt Centennial Lakes City of Edina County number 1249 Redevelopment 49 2010 3 0.00% 0.00% 1- Feb -12 1- Aug -12 Pay 1989 2012 3 2014 Outside(A) Incremental 34.7413% Pay 2012 Prelim. 141.9450% Pay 2012 Prelim- Maximum/Frozen Local Tax Rate: Current Local Tax Rate: (Use lesser of Current or Max.) Stale -wide Tax Rate (Comm. /Ind. only used for total taxes) Markel Value Tax Rate (Used for total taxes) PROPERTY TAX CLASSES AND CLASS RATES: Exempt Class Rate (Exempt) Commercial Industrial Preferred Class Rate (C /I Pref.) First $150,000 Over $150.000 Commercial Industrial Class Rate (C /p Rental Housing Class Rate (Rental) Affordable Rental Housing Class Rate (Aff. Rental) Non - Homestead Residential (Non -H Res.) Homestead Residental Class Rate (Hmsld. Res.) First $500,000 Over $500,000 Agricultural Non, Homestead Base Value Assumptions - , age 1 108.127% Pay 2012 Prelim. 108.127% Pay 2012 Prelim. 52.0000% Pay 2012 Prelim. 0.15860% Pay 2012 Prelim. 000% 1.50% 2.00% 2.00% 1.25% 075% 1.25% 1.00% 1.25% 1.00 Percentage Tax Year Property Current Class After Land Building Total Of Value Used Original Original Tax Original After Conversion Map # PID Owner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Area /Phase 05 -027- 24-21 -0004 371,000 0 0 371,000 100% 371,000 Pay 1989 C/I Pref. 6,670 C!I Pref. 6,670 371,000 6.670 6,670 Note: 1. Base values are based upon Frozen Increment report dated 12/512011. Prepared by Ehlers 8 Associates, Inc. - Estimates Only N Wmnsola\EDINA \Housing Economic Redevelopmeut\TIRTIF Districts\Centenmal Lakes \TIF Plan Documents\Pay 2012 TIF Centennial Lakes TIF -1249 1/3012012 EHLERS Centennial Lakes City of Edina County number 1249 Base Value Assumptions - Page 2 Note: 1. Market values are based upon pay 2012 values per county, New Increment Finance Valuations report dated 12/5/2011 PROJECT INFORMATION TAX CALCULATIONS Capacity) Now Use ota Tax Capacity Isca Disparities Tax Capacity PID New Use Estimated Taxable Market Value Market Value Per Sq. Ft. /Unit Per Sq. Ft. /Unit Total Taxable Market Value Property Tax Class Project Tax Capacity Project Tax Capacity /Unit Percentage Completed 2010 Percentage Completed 2011 Percentage Completed 2012 Percentage Completed 2013 First Year Full Taxes Payable 05-027 -24 -21 -0004 899,000 899.000 899.000 C/I 17,980 17,980 100% 100% 100% 2012 899,000 17,980 _100% Subtotal Residential 0 0 Subtotal Commercial /Ind. 899,000 17,980 Note: 1. Market values are based upon pay 2012 values per county, New Increment Finance Valuations report dated 12/5/2011 Note 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. EXCLUDED WHAT IS ' • Total Property Taxes 32,329 less State -wide Taxes (9,350) less Fiscal Disp. Adj. (2,112) less Market Value Taxes (1,426) less Base Value Taxes (7,212 Annual Gross TIF Prep ders d Associates, Inc. - Estimates Only ta\EDINA \Housing Economic Redevelopment\TIF\TIF Districts \Centennial Lakes \TIF Plan Documents\Pay 2012 TIF Centennial L 1249 TAX CALCULATIONS Now Use ota Tax Capacity Isca Disparities Tax Capacity oca Tax Capacity oca Property Taxes Inca Disparities Taxes late -wI a Property Taxes ar et Value Total Taxes Taxes 0 17,980 6,246 11,734 12,687 8,867 9,350 1,426 32,329 Note 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. EXCLUDED WHAT IS ' • Total Property Taxes 32,329 less State -wide Taxes (9,350) less Fiscal Disp. Adj. (2,112) less Market Value Taxes (1,426) less Base Value Taxes (7,212 Annual Gross TIF Prep ders d Associates, Inc. - Estimates Only ta\EDINA \Housing Economic Redevelopment\TIF\TIF Districts \Centennial Lakes \TIF Plan Documents\Pay 2012 TIF Centennial L 1249 1/3C EHLERS ((A,A ;. '. NULIG IINANGi Centennial Lakes City of Edina County number 1249 Tax Increment Cashflo" : 3 Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\EDINA \Housing Economic Redevelopment \TIF \TIF Districts \Centennial Lakes\TIF Plan Documents\Pay 2012 TIF Centennial Lakes TIF -1249 Project Original Fiscal Captured Local Annual Semi - Annual State Admin. Semi - Annual Semi - Annual PERIOD %of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date 100% 17,980 (6,670) 11,310 108.127% 12,229 6,115 (22) (609) 5,483 5,483 0.5 2011 08/01/12 6,115 (22) (609) 5,483 10,967 1 2012 02/01/13 100% 17,980 (6,670) 11,310 108.127% 12,229 6,115 (22) (609) 5,483 16,450 1.5 2013 08/01/13 6,115 (22) (609) 5,483 21,933 2 2013 02/01/14 100% 17,980 (6,670) - 11,310 108.127% 12,229 6,115 (22) (609) 5,483 27,417 2.5 2014 08/01/14 6,115 (22) (609) 5,463 32,900 3 2014 02/01/15 Total 36,687 (132) (3,656) 32,900 Present Value From 02/0112012 Present Value Rate 0.00% 36,687 (132) (3,656) 32,900 Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\EDINA \Housing Economic Redevelopment \TIF \TIF Districts \Centennial Lakes\TIF Plan Documents\Pay 2012 TIF Centennial Lakes TIF -1249 1/30/2012 DistrictType: District Name /Number: County District #: First Year Construction or Inflation on Value Existing District - Specify No. Years Remaining Inflation Rate - Every Year: Interest Rate: Present Value Date: First Period Ending Tax Year District was Certified: Cashflow Assumes First Tax Increment For Development: Years of Tax Increment Assumes Last Year of Tax Increment Fiscal Disparities Election [Outside (A), Inside (B), or NA] Incremental or Total Fiscal Disparities Fiscal Disparities Contribution Ratio Fiscal Disparities Metro -Wide Tax Rate 4 EHLERS i•.,i e_. �i a, -c cur.. �,,.� Centennial Lakes City of Edina County number 1203 Redevelopment 1203 2010 3 0.00% 0.00% 1- Feb -12 1- Aug -12 Pay 1989 2012 3 2014 Outside(A) Incremental 34.7413% Pay 2012 Prelim. 141.9450% Pay 2012 Prelim. Maximum /Frozen Local Tax Rate: Current Local Tax Rate: (Use lesser of Current or Max.) State -wide Tax Rate (Comm. /Ind. only used for total taxes) Market Value Tax Rate (Used for total taxes) PROPERTY TAX CLASSES AND CLASS RATES: Exempt Class Rate (Exempt) Commercial Industrial Preferred Class Rate (CA Pref.) First $150,000 Over $150,000 Commercial Industrial Class Rate (C /I) Rental Housing Class Rate (Rental) Affordable Rental Housing Class Rate (Aff. Rental) Non - Homestead Residential (Non -H Res.) Homestead Residental Class Rate (Hmstd. Res.) First $500,000 Over $500,000 Agricultural Non - Homestead Base Value Assumptions - Page 1 114.022% Pay 2012 Prelim. 114.022% Pay 2012 Prelim. 52.0000% Pay 2012 Prelim. 0.15860% Pay 2012 Prelim. 0.00% 1.50% 2.00% 2.00% 1.25% 0.75% 1.25% 1.00% 1.25% 1.00% Note: 1. Property Identification Numbers are based on Hennepin County's Frozen Increment report dated 12/5/2011. 2. Base values are based upon Frozen Increment report dated 12/5/2011. Prep, lers & Associates, Inc. - Esfimates Only N:' EDINA \Housing Econornic Redevelopment \TIFITIF Districts \Centennial Lakes\TIF Plan Documents\Pay 2012 TIF Centennial Lak )3 jc BASE VALUE •' • N (Original Tax Capacity) Percentage Tax Year Property Current Class After Land Building Total Of Value Used Original Original Tax Original After Conversion Map # PID Owner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Area /Phase 32- 028 - 24-33 -0001 1,718,000 0 1,718,000 100% 1,718,000 Pay 1989 Rental 21,475 Rental 21,475 32- 028 -24-32 -0002 3,640,000 100 3,640,100 100% 3,640,100 Pay 1989 CA Pref. 72,052 CA Pref. 72,052 32- 028 -24-33 -0001 3,436,000 100,000 3,536,000 100% 3,536,000 Pay 1989 CA Pref. 69,970 CA Pref. 69,970 32- 028 - 24-33 -0002 1,288,000 1,288,000 100% 1,288,000 Pay 1989 Rental 16,100 Rental 16,100 32- 028 -24-33 -0003 584,000 584,000 100% 584,000 Pay 1989 Rental 7,300 Rental 7,300 32- 028 - 24-33 -0004 584,000 584,000 100% 584,000 Pay 1989 Rental 7,300 Rental 7,300 0 0 100% 0 Pay 1989 Exempt - Exempt - +h 11,350,100 194,197 194,197 Note: 1. Property Identification Numbers are based on Hennepin County's Frozen Increment report dated 12/5/2011. 2. Base values are based upon Frozen Increment report dated 12/5/2011. Prep, lers & Associates, Inc. - Esfimates Only N:' EDINA \Housing Econornic Redevelopment \TIFITIF Districts \Centennial Lakes\TIF Plan Documents\Pay 2012 TIF Centennial Lak )3 jc 1/30,- EHLERS Centennial Lakes City of Edina County number 1203 Base Value Assumptions 4e 2 Note: 1. Market values are based upon pay 2012 values per county, New Increment Finance Valuations report dated 12/512011 TAX CALCULATIONS ota Isca ocT oca Isca fate -wl a ar et Parcel Tax Disparities Tax Property Disparities Property Value Estimated Taxable Total Taxable Property Tax Capacity Capacity Percentage Percentage Percentage Percentage First Year S . Ft. /Unit Parcel Market Value Market Value Market Tax Project Project Tax Completed Completed Completed Completed Full Taxes PID Number Per Sq. Ft Unit 137,708 Value Class Tax Capacity Capacity /Unit 2010 2011 2012 2013 Payable 32- 028 -24-23 -0283 1 7.200,000 7,200,000 7,200.000 C /IPref. 143,250 #DIV /0! 100% 100% 100% 100% 2012 32- 028 -24-32 -0005 2 14,000.000 14,000,000 14,000,000 C/I Pref. 279,250 #DIV /01 100% 100% 100% 100% 2012 32- 028 -24-32 -0399 3 17,062,400 17,062,400 17,062,400 C/I Pref. 340,498 340.498 100% 100% 100% 100% 2012 32- 028 -24-32 -0400 4 16,937,600 16,937,600 16,937,600 C/I 338,752 338,752 100% 100% 100% 100% 2012 32- 028 -24 -33 -0010 5 464.700 464,700 464,700 C/1 9,294 9,294 100% 100% 100% 100% 2012 32- 028 - 24-33 -0011 6 16,959,000 16,959,000 16,959,000 C/1 Pref. 338,430 338,430 100% 100% 100% 100% 2012 32- 028 - 24-33 -0012 7 2.598,700 2,598,700 2,598,700 C/1 Pref. 51,224 51,224 100% 100% 100% 100% 2012 32- 028 -24 -33 -0013 8 16,957,000 16,957,000 16,957,000 C/1 Pref. 338,390 338,390 100% 100% 100% 100% 2012 32- 028 - 24-33 -0015 9 17,884,000 17,884,000 17,884,000 C/I Pref. 356,930 356,930 100% 100% 100% 100% 2012 32- 028 - 24-33 -0016 10 28,052,000 28,052,000 28,052,000 C/1 Pref. 560,290 560,290 100% 100% 100% 100% 2012 32- 028 -24 -33 -0019 11 28,606,000 28,606,000 28,606,000 C11 Pref. 571,370 571,370 100% 100% 100% 100% 2012 32- 028 -24 -33 -0020 12 - 0 Exempt 0 - 100% 100% 100% 100% 2012 L A 166,721.400 3,327.678 Subtotal Residential 0 0 Subtotal Commercial /Ind. 166,721,400 3,327,678 Note: 1. Market values are based upon pay 2012 values per county, New Increment Finance Valuations report dated 12/512011 Note. 1. Taxes and tax increment will vary signficantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. WHAT IS • • FROM Total Property Taxes 6,111,910 less State -wide Taxes (1,730,393) less Fiscal Disp. Adj. (322,812) less Market Value Taxes (264,420) less Base Value Taxes J221,4 27 Annual Gross TIF Prepared by Ehlers 8 Associates. Inc. - Estimates Only N:wlinnsotMEDINA\Housing Economic Redevelopment \TIFITIF Districts \Centennial Lakes \TIF Plan Documents \Pay 2012 TIF Centennial Lakes TIF -1203 jc TAX CALCULATIONS ota Isca ocT oca Isca fate -wl a ar et Parcel Tax Disparities Tax Property Disparities Property Value Total Taxes Per Number Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes S . Ft. /Unit 1 143,250 49,767 93,483 106,591 70,642 74,490 11,419 263,142 2 279,250 97,015 182,235 207,788 137,708 145,210 22,204 512,910 3 340,498 118,293 222,205 253,362 167,912 177,059 27,061 625,394 4 338,752 117,687 221,065 252,063 167,051 176,151 26,863 622,128 5 9,294 3,229 6,065 6,916 4,583 4,833 737 17,069 6 338,430 117,575 220,855 251,823 166,892 175,984 26,897 621,596 7 51,224 17,796 33,428 38,115 25,260 26,636 4,122 94,134 8 338,390 117,561 220,829 251,794 166,872 175,963 26,894 621,522 9 356,930 124,002 232,928 265,589 176,015 185,604 28,364 655,571 10 560,290 194,652 365,638 416,908 276,299 291,351 44,490 1,029,048 11 571,370 198,501 372,869 425,152 281,763 297,112 45,369 1,049,397 12 0 0 0 0 0 0 0 0 TOTAL 3,327,678 1,156,079 2,171,599 2,476,101 1,730,393 26 Note. 1. Taxes and tax increment will vary signficantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. WHAT IS • • FROM Total Property Taxes 6,111,910 less State -wide Taxes (1,730,393) less Fiscal Disp. Adj. (322,812) less Market Value Taxes (264,420) less Base Value Taxes J221,4 27 Annual Gross TIF Prepared by Ehlers 8 Associates. Inc. - Estimates Only N:wlinnsotMEDINA\Housing Economic Redevelopment \TIFITIF Districts \Centennial Lakes \TIF Plan Documents \Pay 2012 TIF Centennial Lakes TIF -1203 jc 1/30/2012 EHLERS Centennial Lakes City of Edina County number 1203 Tax Increment Cashflow - Page 3 %of OTC Project Tax Capacity Original Fiscal Tax Disparities Capacity Incremental Captured Tax Capacity Local Tax Rate Annual Gross Tax Increment Semi - Annual Gross Tax Increment State Auditor 0.36% Admin. at 10% Semi - Annual Net Tax Increment Semi - Annual Present Value PERIOD ENDING Yrs. Tax Year Payment Date 100% 3,327,678 (194,197) 3,133,481 114.022% 3,572,858 1,786,429 (6,431) (178,000) 1,601,998 1,601,998 0.5 2012 08/01/12 1,786,429 (6,431) (178,000) 1,601,998 3,203,996 1 2012 02/01/13 100% 3,327,678 (194,197) 3,133,481 114.022% 3,572,858 1,786,429 (6,431) (178,000) 1,601,998 4,805,994 1.5 2013 08/01/13 1,786,429 (6,431) (178,000) 1,601,998 6,407,992 2 2013 02/01/14 100% 3,327,678 (194,197) 3,133,481 114.022% 3,572,858 1,786,429 (6,431) (178,000) 1,601,998 8,009,990 2.5 2014 08/01/14 1,786,429 (6,431) (178,000) 1,601,998 9,611,988 3 2014 02/01/15 100% 3,327,678 (194,197) - 3,133,481 114.022% 3,572,858 1,786,429 (6,431) (178,000) 1,601,998 11,213,986 3.5 2015 08/01/15 1.786,429 (6.431) (178.000) 1.601.998 12,815,984 4 2015 02/01/16 Total 14,291,431 (51,449) (1,423,998) 12,815,984 Present Value From 0 210 112 01 2 Present Value Rate 0.00% 14,291,431 (51,449) (1,423.998) 12,815.984 Pre; -hlers & Associates, Inc. - Estimates Only N:WlinnsotatEDll ng Economic Redevelopment \T1F\TIF DishiclatCentennial LakesRlF Plan Documents\Pay 2012 T1F Centennial Lake: 13 ic Appendix E Minnesota Business Assistance Form (Minnesota Department of Employment and Economic Development) A Minnesota Business Assistance Form (MBAF) should be used to report and /or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http: / /www. deed. state.mn.us /Community /subsidies /MBAFForin.htm for information and forms. Appendix E 11 E -1 Tax Increment Financing District Overview Edina Housing and Redevelopment Authority Centennial Lakes Tax Increment Financing The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Centennial Lakes Tax Increment Financing District. More detailed information on each of these topics can be found.in the complete Tax Increment Financing Plan. Proposed action: Modification to the Redevelopment Plan for Southeast Edina Redevelopment Project Area includes the expansion of the project area for possible parcel acquisition and for additional projects. Modification to the Centennial Lakes Tax Increment Financing District Tax Increment Financing Plan to modify the budget for current Office of the State Auditor regulations and authorize acquisition of property within the expanded t)roiect area. Type of TIF District: A redevelopment district Parcel Numbers: 32.028.24.23.0283 32.028.24.32.0005 32.028.24.32.0399 32.028.24.32.0400 32.028.24.33.0100 32.028.24.33.0011 32.028.24.33.0012 32.028.24.33.0013 32.028.24.33.0015 32.028.24.33.0016 32.028.24.33.0019 32.028.24.33.0020 05.027.24.21.0004 Proposed Please see Appendix A of the TIF Plan for a more detailed project Development: description. Maximum duration: The District, including any modifications of the TIF Plan for subsequent phases or other changes, will terminate after December 31, 2014, or when the TIF Plan is satisfied. Estimated annual tax Up to $3,585,086. increment: EHLERS LEADERS IN PUBLIC FINANCE Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land /Building Acquisition ................ ............................... $30,000,000 Site Improvements /Preparation ......... ............................... $15,000,000 Other Qualifying Improvements ....... ............................... $50,337,070 Administrative Costs (up to 10 %) ....... ............................... $1,800,000 PROJECT COSTS TOTAL .............. ............................... $97,137,070 Interest ............................................... ............................... $47,000,000 PROJECT COSTS TOTAL ......... ............................... $144�137�070 See Subsection 2 -10, on page 2 -9 of the TIF Plan for the full budget authorization. Administrative fee: Up to 10% of annual increment, if costs are justified. MAP OF SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND CENTENNIAL LAKES TAX INCREMENT FINANCING DISTRICT aouineasi r-alna rro)ec[ rarea moamcavon and Centennial Lakes TIF District N pp � CIN—A LM„ TIF D— ✓V +E [.J , ®SanMtl Edna PrPMd 4e, 5 ' � A1ooIlleC PiuFd Meg En—'N NP, .—. -0'. Page 2 10 _EHLERS LEADERS IN PUBLIC FINANCE o e \�CORPORp'Sv� 1888 AGENDA ITEM V111. A Minnesota Restaurant Association Request Regarding Sale Prices Edina Code Section 900 [-] No packet data Oral presentation F� Information coming o1Ie REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item VIII. B. From: Jennifer Bennerotte ® Action Communications & Technology F-1 Discussion Services Director Information Date: February 21, 2012 Subject: 50th & France Business & Professional Association's Request To Sell "VIP" Parking In The 5 -0 Mall Parking Lot During the Edina Art Fair - ACTION REQUESTED: Act on the 50th & France Business & Professional Association's request to sell "VIP" Parking in the 5 -0 Mall parking lot during the Edina Art Fair. INFORMATION /BACKGROUND: The 2012 Edina Art Fair will be held at 50th & France 10 a.m. to 7 p.m. Friday, June 1; 10 a.m. to 7 p.m. Saturday, June 2; and 10 a.m. to 5 p.m. Sunday, June 3. To hold the Edina Art Fair, the Association pays the City $60 for a Special Event Permit, $22 for a Loudspeaker Permit and gives the City a deposit check of $5,000 that is not cashed until after the event. There are additional fees paid after the event for Police, Fire and Public Works. The final bill from Police, Fire and Public Works in 2011 was $13,475.89. The City -owned surface parking lot located behind the Edina 5 -0 Mall at Halifax Avenue and West 49% Street has historically been used for Art Fair purposes. In recent years, it has been used as a "food court." Sponsors' tents and a stage were also located in that area. This year, the Association does not plan to use the parking lot for Art Fair operations. The Association is looking for new revenue streams to pay for such things as additional holiday lights in the area. Association staff developed the idea of selling "VIP Parking" in the 5 -0 Mall' parking lot during the Art Fair as a new revenue source. At its Feb. 1 meeting, the voting members of the Association's Board of Directors approved the concept. The Association has not determined pricing for the VIP Parking, which would first be offered to artists who are often looking for a place to park their trucks and /or trailers during the event. .. V owe MAYOR AND COUNCIL -OVA Agenda Item Item No. VIII. C. From: Scott Neal City Manager NA Action Discussion Information Date: February 21, 2012 �y Ordinance No. 2012 -05 Concerning Liquor Amending Section 900 of Edina City Code • ���bR 8B REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII. C. From: Scott Neal City Manager ® ❑ Action Discussion Information Date: February 21, 2012 Subject: Ordinance No. 2012 -05 Concerning Liquor Amending Section 900 of Edina City Code ACTION REQUESTED: Approve first and second readings of Ordinance No. 2012 -05 establishing penalties and enforcement criteria for compliance with the City's liquor licensing standards and requirements. INFORMATION /BACKGROUND: With one exception, the penalties and enforcement criteria that are included in Ordinance No. 2012 -05 have been previously approved by City Council by resolution. The City Attorney has recommended that the resolution (including its penalty matrix) be adopted by the City Council in the form of an ordinance. The City Attorney draft Ordinance No. 2012 -05 for that purpose. The only new penalty included in Ordinance No. 2012 -05 that was not included in. the previous penalty matrix resolution is the proposed penalty for violation of the City's 60/40 food /liquor standard. The previous penalty matrix resolution did not include a penalty for that violation. Staff propose the following penalty for that violation: 1St Violation: $500 fine; a six month probationary license; development of a plan to achieve compliance within one year, with a monitoring visit at 6 months where the Council may consider granting an additional six month probationary license if staff certify positive progress towards the full compliance goal. 2 "d Violation: $1,000 fine; a six month probationary license; development of a plan to achieve compliance within one year, with a monitoring visit at 6 months where the Council may consider granting an additional six month probationary license if staff certify positive progress towards the full compliance goal. ... 3 I Violation: Revocation and license holder is barred from holding future liquor licenses for a period of not more than twenty four months. RECOMMENDATION: The Council has had no previous discussion regarding the appropriateness of the proposed penalty. I would expect the Council to discuss, and possibly, amend it. However, it is important for the Council to adopt this ordinance at the February 21 Council meeting to allow it to be in place for the March 6 Council meeting, at which we expect the Council will be asked to address a violation of this nature. ATTACHMENTS: Draft Ordinance No. 2012 -05 ' ORDINANCE NO. 2012- 05 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: Section 1. Subsection 900.15 of the Edina City Code is amended to provide as follows: 900.15 Sanctions for License Violations. Subd. 1 Purpose. The purpose of this Subsection is to establish a standard by which the Council shall determine the length of license suspensions and the propriety of revocations. This section shall apply to. all premises licensed under this Section and the penalties herein shall be presumed to be appropriate. The Council may deviate from the presumptive penalty when it finds that there exists extenuating or aggravating reasons to deviate, including, but not limited to a licensee's efforts, in combination with the state or the city, to prevent the sale of alcohol of minors. When deviating from these standards, the Council shall provide written findings supporting the penalty selected. Subd. 2 Hearing Notice. No.sanction under this Subsection shall take effect until the licensee has been given the opportunity for a hearing has been held in accordance with M.S. 340A.415 and M.S. 14.57 to 14.69 of the Administrative Procedures Act. The Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. For first violations, for which the presumptive penalty is a fine, the license holder may, at any time prior to the hearing, pay the fine and waive the right to a hearing. Subd. 3 Presumed Penalties for Violations. Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation Commission of a felony Revocation N/A N/A N/A related to the licensed activity Sale of alcoholic Revocation N/A N/A N/A beverages while license is under suspension Sale of an alcoholic $1,000.00 fine and 6 $1,500.00 fine and 6 $2,000 fine and 12 Revocation beverage to a person day suspension day suspension day suspension under the State - established drinking age Adult entertainment Revocation N/A N/A N/A Sale of intoxicating Revocation N/A N/A N/A liquor where only licensed for 3.2 percent malt liquor Refusal to allow City $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation N/A inspectors or police day suspension day suspension admission to inspect premises Sale of alcoholic $500.00 fine $1,000.00 fine and 3 $2,000.00 and 7 day Revocation beverages to underage day suspension suspension person Ordinance No. 2012 -05 Page 2 r -+ Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation After /before hours $500.00 fine $1,000.00 fine and $2;000:00 fine and Revocation sale of alcoholic 3 day suspension 7 day suspension beverage After hours $500.00 fine $1,000`:00 fine and $2,000 fine and 7 Revocation consumption.of 3 day suspension day suspension alcoholic beverages I,Ilegal gambling or $500.00 fine $1,000.00 fine and . $2,000.00 fine and Revocation prostitution on 3 day suspension 7 day suspension premises '- Failure to take $500.00 fine $1,000.00,fine and .,. $2,000:00 fine and Revocation reasonable steps to 3 day suspension Tday suspension stop person from leaving premises with alcoholic beverage Sale of alcoholic $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation beverage to obviously , 3 day suspension 7 day suspension intoxicated person Allowing a disorderly $500.00 fine $1;000.00 fine and $2,000:00 fine`and Revocation establishment 3 day suspension 7 day suspension Person under 18 $500.00 fine $1,000.00 fine and, $2,000.00 fine and Revocation serving liquor 3 day suspension 7,day suspension Failure to display Warning letter $500.00 fine $1,000.00 fine $1,500.00 fine liquor license Failure to meet $500 fine; a six $1,000 fine; a six Revocation and requirement of 60% month month' license..holder is of gross receipts from probationary probationary barred from sale of food and non- license; license; holding future alcoholic beverages development of a development of a liquor licenses for a plan to achieve plan to achieve period of not more compliance within compliance within than twenty four one year, with a one year,with.a months. monitoring visit °at monitoring visit at 6'months where 6 months where the Council may the Council may consider granting consider granting an additional six an additional six month month probationary probationary license if staff license if staff certify positive certify positive progress towards progress towards the full compliance. the full compliance goal. goal. Subd. 4 Other Penalties. When the penalty for violations of this Section or an applicable statute, ordinance, or rule regarding alcoholic beverages is without a presumptive penalty, the penalty shall be determined by the Council 159737v2 Ordinance No. 2012 -05 Page 3 Subd. 5 Multiple Violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council shall consider the presumptive penalty for each violation under the first appearance column in this Subsection. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. Subd. 6 Subsequent Violations. A violation occurring after the notice of hearing has been mailed, but . prior to the hearing, must be treated as a separate violation and dealt with as`a second appearance before the Council, unless the Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance. Subd. 7 Subsequent Appearances. Upon a second or subsequent appearance before:the Council by the same licensee, the Council shall impose the presumptive penalty for the violation or violations giving rise to the particular violation or violations that were the subject of the,prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Subsection. Subd. 8 Computation of Violations. Violations are computed as follows: A. Any violation which has occurred within twenty -four (24) months of the current violation shall be counted. B. Nothing in this Subsection shall restrict or limit the authority of the Council to suspend a license up to sixty (60) days, revoke the a license, impose a civil fee not to exceed $2,000.00, to impose conditions on a license, or take any other action in accordance with law, provided that the license holder has been afforded an opportunity for a hearing in the manner provided under this Subsection. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: Published: Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk 159737v2 o e t4` Cr less REPO RPRECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII.D. From: Cary Teague ® Action Planning Director ❑ Discussion Information Date: February 21, 2012 Subject: Resolution No. 2012 -33 Findings of Fact Denying Preliminary Plat with Variances at 6109 Oaklawn Avenue Deadline March 20, 2012 for a City Decision: ACTION REQUESTED: Adopt the attached Resolution denying the Preliminary Plat and Variances. INFORMATION /BACKGROUND: At the February 6, 2012 City Council meeting, the City Council directed staff and the city attorney to draft findings of fact for denial of Preliminary Plat with multiple variances at 6109 Oaklawn Avenue. ATTACHMENTS: • Resolution 2012 -33 — Denying a Preliminary Plat and Variances at 6109 Oaklawn. RESOLUTION NO. 2012-33 DENYING A PRELIMINARY PLAT AND VARIANCES FOR PROPERTY AT 6109 OAKLAWN AVENUE IN EDINA BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: City of Edina Section 1. BACKGROUND. 1.01 The Applicant, Refined, LLC , is requesting Preliminary Plat approval and zoning ordinance variances for property with a street address of 6109 Oaklawn Avenue legally described as: Lots 22 and 23, Block 23, Fairfax, Hennepin County, Minnesota ( "Subject Property "). 1.02 The two lots that constitute the Subject Property are held in common ownership. Subsection 850.07, Subd. 20B4a of the Zoning Ordinance provides: "If a non - conforming lot or parcel is, or at any time since October 22, 1951, has been, held in common ownership with all or part of an adjoining or abutting parcel or lot which together comply with, or come close to complying with, the minimum width, depth, area, and lot width to perimeter ratio, requirements of this Section, then such non - conforming lot or parcel and such adjoining or abutting parcel or lot shall be considered as one lot and shall not be decreased in size below such minimum requirements. If in a group, of two or more adjoining or abutting lots or parcels owned or controlled by the same person, any single lot or parcel does not meet the full minimum depth, width, area or lot width to perimeter ratio requirements of this Section, such single lot or parcel shall not be considered as a separate lot or parcel able to be conveyed and developed under this Code." 1.03 The Subject Property is guided Single Family Residential under the City's Comprehensive Plan and is zoned R -1, Single Dwelling Unit District. 1.04 The Applicant proposes to subdivide and plat the Subject Property into two lots: Lots 1 and 2, Block 1, Annabelle Addition. 1.05 The lots. in the proposed subdivision require the following zoning ordinance variances: 1. Lot width variances from the 75 feet required in the R -1 zoning district to 50 feet for each lot. 2. Lot area variances from the 9,000 square feet required in the R -1 zoning district to 6,699 for the proposed Lot 1 and 6,693 square feet for the proposed Lot 2. 1.06 On January 11, 2012, the Planning Commission recommended approval of the Preliminary Plat and Variances on a vote of 6 -3. 1.07 On February 6, 2012, the City Council considered the Preliminary Plat and Variances. A motion to approve the requests failed on a vote of 2 Ayes and 3 Nays. 1.08 On February 6, 2012, the City Council directed preparation of findings for denial of the Preliminary Plat and Variances. City Hall 952- 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952 - 826 -0379 RESOLUTION NO. 2012-33 Page Two Section 2. FINDINGS. . 2.01 The lots in the preliminary plat do not meet the minimum zoning ordinance standards for lot width and lot area in the R -1 zoning district. 2.02 The standards for variances have not been met: a. The property exists as a conforming single - family residential lot with a single - family home. Reasonable use of the property exists` today. b. The size of the'Subject Property does not create practical difficulties. The Subject Property is.only 4,392 square feet larger than the m ,rdmum lot size.; This is not a Practical `'difficulty.,There ,are no circumstances unique to the property that justifies multiple variances. c. The practical difficulty is self- created by the applicant's proposal to subdivide the property. d. The proposed lots do not meet the 6,701 square foot median lot area for lots in this neighborhood. e. The Subject Property is similar in size to several lots in the neighborhood including four lots to the north on Oaklawn Avenue, and five lots to the east on Brookview Avenue. Section 3. DENIAL. The Preliminary Plat and Variances -are denied. Adopted this 21St day of February, 2012. ATTEST:., Debra,A. Mangen, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF EDINA ) James B: Hovland, Mayor RESOLUTION NO. 2012-33 Page Two CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2012. City Clerk u rY , lA 0 �aaa i REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII.E.1. From: Karen Kurt ® Action Assistant City Manager Discussion Information Date: February 21, 2012 Subject: Ordinance No. 2012 -6 Amending the Edina City Code Concerning Boards And Commissions ACTION REQUESTED: Adopt Ordinance No. 2012 -6 amending the Edina City Code concerning Boards and Commission including the waiver of second reading. INFORMATION /BACKGROUND: In preparation for recodification, we are requesting two changes to the section of the City Code relating to Boards and Commissions: 1) Adding the definition of a quorum, and 2) Clarifying that partial terms as chair do not count towards the two term limit. ATTACHMENTS: Ordinance No. 2012 -06 — An Ordinance Amending the Edina City Code Concerning Boards and Commissions ORDINANCE NO. 2012 -06 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING BOARDS AND COMMISSIONS THE CITY OF EDINA ORDAINS: SECTION 1. Subsection 1500.07 of the Edina City Code is amended to provide: 1500.07 Meetings A. Regular Meetings. All board and commission meetings are open. meetings subject to the Minnesota Open Meeting Law (Minnesota Statutes 13D) and shall be held at a fixed time, on a fixed date and in a fixed place as shall be determined by the board or commission. The City Clerk shall give notice of all board and commission meetings as required for meetings of public bodies. B. Public Comment. All board and commission meetings shall include scheduled time for public comment. C. Quorum. A simple maiority of voting members, appointed and serving, shall constitute a quorum for any regular or special meeting. If a quorum is not established or maintained during the course of a meeting, no votes on board or commission business may be taken except a motion to adjourn or recess. D. Meetings Conducted According to Bylaws. All meetings shall be conducted according to the bylaws of the board or commission. SECTION 2. Subsection 1500.06 of the Edina City Code is amended by adding the following: B. Chairperson. Each board or commission annually shall elect from its members a chairperson and vice - chairperson to serve a term of one year. No person shall serve more than two consecutive one -year terms as chairperson of a particular board or commission. 'A chair elected to fill a vac_ancy shall be eligible to serve two full terms in addition to the remainder of the vacated term. SECTION 3. This ordinance is effective immediately upon its passage and publication. First Reading: February 21, 2012 Second Reading: Waived Published: Attest Debra,A. Mangen, City Clerk Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk James B. Hovland, Mayor 0 REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII E 2 From: Marty Scheerer ® Action Fire Chief Discussion Date: February 21, 2012 Information Subject: Ordinance No. 2012 -7 Amending Chapter 4 of the Edina City Code Concerning Building, Construction and Signs ACTION REQUESTED: Adopt Ordinance 2012 -7. Waive second reading. INFORMATION /BACKGROUND: Revisions to Chapter Four are being proposed to correct outdated references and requirements in the City Code. Revised sections of the City Code are attached with new language underlined and deleted language struck through. • Section 410. Revision adds and deletes references to new, revised or deleted chapters of the Minnesota State Building Code. • Section 430. Revision changes references from Licensing to Registration. • Section 435. Revision corrects references to adopted codes and responsible State Departments. • Section 440. Revision removes references to Safety Regulations which are regulated by Minnesota OSHA. • Section 470. Revision deleted most of this chapter. The City is required to comply with Minnesota Statute 463.15 to 463.26 which is adopted by reference as part of the City Code. Many parts of Section 470 were the same and /or similar to the Minnesota Statute, making the enforcement of both confusing. ATTACHMENTS: • Ordinance 2012 -7 • Revised versions of City Code Chapters 410, 430, 435, 440 and 470. 0 ORDINANCE NO. 2012-07 AN ORDINANCE AMENDING CHAPTER 4 OF THE EDINA CITY CODE CONCERNING BUILDINGS, CONSTRUCTION AND SIGNS THE CITY OF EDINA ORDAINS: Section I Subsections 410.01 and 410.02, Subd.,1 of the Edina City Code are amended to provide as follows: 410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC') as promulgated by the State Department of Administration pursuant to M.S. 16B.59 through 16B.75. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300, Administration of the Minnesota State Building Code; 2. 1301, Building Official Certification; 3. 1302, State Building Code Construction Approvals; 4. 1303, Minnesota Provisions; 5. 1305, Adoption of the 2006 International Building Code; 6. 1307, Elevators and Related Devices. 7. 1309, Adoption of the 2006 International Residential Code; 8. 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings; 9. 1315, Adoption of the 2011 National Electrical Code; 10. 1322, Residential Energy Code; 11. 1323, Commercial Energy Code; 12. 1325, Solar Energy Systems; 13. 1335, Floodproofing Regulations; 14. 1341, Minnesota Accessibility Code; 15. 1346, Adoption of the 2006 International Mechanical /Fuel Gas Codes; 16. 1350, Manufactured Homes; 17. 1360, Prefabricated Structures; 18. 1361, Industrialized /Modular Buildings; 19. 1370, Storm Shelters (Manufactured Home Parks); 20. 4715, Minnesota Plumbing Code Adoption includes the following, but only the following, listed optional provisions of the MSBC except, however, fees shall be as provided in Section 185. The optional provisions which are hereby adopted are as follows: A. Chapter 1306 with 1306.0020, Subp. 2 of the MSBC relating to Special Fire Protection Systems. B. Chapter 1335, parts 1335.0600 to 1335.1200 of the MSBC relating to Floodproofing. 410.02, Subd.1 Fees. Permit fees required or authorized by the MSBC shall be in the amounts set forth in Section 185 of this Code. ORDINANCE NO. 2012-07 AN ORDINANCE AMENDING CHAPTER 4 OF THE EDINA CITY CODE CONCERNING BUILDINGS, CONSTRUCTION AND SIGNS THE CITY OF EDINA ORDAINS: Section 1. Subsections 410.01 and 410.02, Subd. 1 of the Edina City Code are amended to provide as follows: 410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC ") as promulgated by the State Department of Administration pursuant to M.S. 16B.59 through 168.75. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300, Administration of the Minnesota State Building Code; 2. 1301, Building Official Certification; 3. 1302, State Building Code Construction Approvals; 4. 1303, Minnesota Provisions; 5. 1305, Adoption of the 2006 International Building Code; 6. 1307, Elevators and Related Devices. 7. 1309, Adoption of the 2006 International Residential Code; 8. 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings; 9. 1315, Adoption of the 2011 National Electrical Code; 10. 1322, Residential Energy Code; 11. 1323, Commercial Energy Code; 12. 1325, Solar Energy Systems; 13. 1335, Floodproofing Regulations; 14. 1341, Minnesota Accessibility Code; 15. 1346, Adoption of the 2006 International Mechanical /Fuel Gas Codes; 16. 1350, Manufactured Homes; 17. 1360, Prefabricated Structures; 18. 1361, Industrialized /Modular Buildings; 19. 1370, Storm Shelters (Manufactured Home Parks); 20. 4715, Minnesota Plumbing Code Adoption includes the following, but only the following, listed optional provisions of the MSBC except, however, fees shall be as provided in Section 185. The optional provisions which are hereby adopted are as follows: A. Chapter 1306 with 1306.0020, Subp. 2 of the MSBC relating to Special Fire Protection Systems. B. Chapter 1335, parts 1335.0600 to 1335.1200 of the MSBC relating to Floodproofing. .. 410.02, Subd.1 Fees. Permit fees required or authorized by the MSBC shall be in the amounts set forth in Section 185 of this Code. 410.02, Subd. 5 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the'Department of Labor and Industry pursuant to M.S. 168.70. Section 2. Subsections 430.02 and 430.03, Subds. 1, 2, 3, and 4 of the Edina City Code are amended to provide as follows: 430.02 Registration Required. No person shall perform or receive a permit to perform mechanical work or gas piping work in any building in the City without having first registered with the City as provided in this Section. No person shall perform any plumbing or water conditioning work in any building in the City without first registering with the City a State issued license as provided in this Section. 430.03 Registration Requirements. Subd. 1 Registration Provisions. The provisions of Section 160 and Section 165 of this Code shall apply to all registrations required by this Section and to the holders of such registrations. Subd. 2 Registration Application for' Mechanical Work. The application for any registration or renewal of a registration for mechanical work required by Subsection 430.02 shall be accompanied by proof that the applicant holds a State Mechanical Bond. Subd. 3 Registration Application for Gas Piping Work. The application for any registration or the renewal of any registration for gas piping work required by Subsection 430.02 shall be accompanied by proof that the applicant holds a State Mechanical Bond. Subd. 4 License Registration for Plumbing Work. The registration of a State issued plumbing license shall be accompanied by proof that the registrant holds a then current Master Plumbing License issued by the Department of Labor and Industry. Subd. 5 License Registration for Water Conditioning Work. The registration of a State issued Water Conditioner Installer License shall be accompanied by proof that the registrant holds a current Water Conditioning Installer License from the Department of Labor and Industry. Subd. 6 Liability Insurance. Unless prohibited by State Law, the applicant for a registration shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by the applicant during the period of the license for death or personal injury arising therefrom to any person or persons, in amounts not less than $100,000 for injury to or death of one person and $300,000 for any one incident, and for damage to property arising from any one incident in the amount of not less than $50,000. Subd. 7 Place of Business. Every applicant for registration must maintain a place of business in the State. As used in this Section, place of business shall consist of a bona fide location where record keeping and administrative functions of the business for which the license is issued are transacted. Section 3. Subsections 435.02, 435.03, 435.04, 435.05, 435.07, Subd. 4 and 435.09 of the Edina City Code are amended to provide as follows: 435.02 International Mechanical /Fuel Gas Code. The International Mechanical /Fuel Gas Code adopted by Section 410 of this Code adopting the Minnesota State Building Code shall be applicable to the pertinent provisions of this Section. 435.03 Permit Required. No person shall perform any mechanical work or gas piping work without first obtaining a permit from the City. The application for a permit shall be made to the Building Official on forms provided by the Building Official. The Building Official may require that the application include full plans and specifications for the work, and may further require that such plans and specifications be certified by a mechanical engineer licensed by the State. Such certification, when required, shall state that the work will not violate any provisions of the International Mechanical /Fuel Gas Code or any other provisions of this Code. The Building Official shall grant the permit upon finding that the work will comply with the International Mechanical /Fuel Gas Code and this Code. No change in the work for which a permit has been issued may be made without the written consent of the Building Official. 435.04 Permit Holder Must be Registered; Exception. An applicant for a permit required by this Section must be duly registered in accordance with Section 430 of this Code. Where permitted by State Law, permits may be issued to make repairs, additions, replacements and alterations to any mechanical work in any single family dwelling structure used exclusively for living purposes or to any building accessory thereto, provided that all such work in connection with it shall be performed only by the person who is the bona fide owner and occupant of such dwelling as the person's residence or a member of such owner - occupant's immediate family. "Immediate family" includes only a parent, spouse, child by birth or adoption, and such child's spouse. 435.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the installation of any mechanical work or gas piping work in any building in which mechanical equipment or gas piping has, in whole or in part, been installed contrary to Code provisions in effect at the time of such installation until such illegally installed system shall have been removed from it or brought into compliance with this Code and the International Mechanical /Fuel Gas Code. 435.07, Subd. 4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 1613.70 to be remitted to the Department of Labor and Industry pursuant to M.S. 168.70. 435.09 Certification. Upon completion of any mechanical work for which a permit was required, the Building Official may require a certification by a mechanical engineer then currently licensed by the State, to the effect that all such work was done in full compliance with the International Mechanical /Fuel Gas Code and all other applicable provisions of this Code. Section 4. Subsections 440.03, Subd. 1, 440.04, Subd. 4 and 440.09 of the Edina City Code are amended to provide as follows: 440.03, Subd. 1 Registration Required. An applicant for a permit required by this Section must be duly registered in accordance with Section 430 of this Code. In addition, no individual shall construct, reconstruct, extend, alter or repair any plumbing work or building drainage, or construct cesspools, or construct, reconstruct, or connect any building drainage with cesspools or the City sewage system or the City water system either directly or indirectly unless such individual holds a valid master, journeyman or apprentice plumbing license issued by the Department of Labor and Industry to do such work; provided that a registered apprentice plumber shall be permitted to do plumbing work only under the direct supervision of a journeyman plumber who is present on the work site. No individual shall install water conditioning equipment unless such person holds a valid master or journeyman plumbing license or a water conditioning installer license issued by the Department of Labor and Industry. No individual shall display any sign stating or implying that said person is carrying on the business of plumbing unless said individual holds a valid master plumber's license issued by the State. No owner, lessee or occupant of any premises in the City, nor the representative or agent of any such owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do plumbing work or water conditioning installation work on such premises who does not hold a valid license issued by the State. 440.04, Subd. 4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the Department of Labor and Industry pursuant to M.S. 16B.70. 440.09 Additional Regulations for Plumbing Installation. The following additional regulations shall apply to all plumbing work: Subd. 1 Minimum Depth. The minimum depth of house water service lines shall be seven feet. Subd. 2 Manholes. All sewer services being cut into manholes where required shall be inside drops of cast iron with the pipe strapped to the manhole wall and painted with two coats of INERTOL P-OXITAR paint or equal. Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two feet maximum. All lines shall be laid on firm ground with back -fill, well compacted. Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over four feet above it. There must be a gate or ball valve on each side of the meter. Subd. 5 Water Services Through Buildings. All water services passing through a portion of the building shall be run under the floor or slab to the location of the meter. Subd. 6 Curb Boxes. Curb boxes must be brought up to.grade and must be plumb and operable after backfilling. Subd. 7 Ditches. All ditches shall be left open until after inspection. Section S. Sections 470 of the Edina City Code is amended by deleting Subsections 470.02, 470.03, 470.04, 470.05, 470.06, 470.07, 470.08, 470.09, 470.10,, and 470..11 Subd. 1. Section 6. Section 470.01 of the Edina City Code is amended to provide as follows: 1470.01 Dangerous or Substandard Buildings Declared a Nuisance. Any structure ori building, or portion of a structure or building which, because of inadequate' maintenance, dilapidation, physical damage, unsanitary conditions or abandonment constitutes a fire hazard or a hazard to public safety or health is a dangerous or J substandard building, and is hereby declared to be a public nuisance Sect This ordinance is effective immediately upon passage and publication. First Reading: February 21, 2012 Second Reading: Waived Published: Section 2. Subsections 430.02 and 430.03, Subds. 1, 2, 3, and 4 of the Edina City Code are amended to provide as follows: 430.02 Registration Required. No person shall perform or receive a permit to perform mechanical work or gas piping work in any building in the City without having first registered with the City as provided in this Section. No person shall perform any plumbing or water conditioning work in any building in the City without first registering with the City a State issued license as provided in this Section. 430.03 Registration Requirements. Subd. 1 Registration Provisions. The provisions of Section 160 and Section 165 of this Code shall apply to all registrations required by this Section and to the holders of such registrations. Subd. 2 Registration Application for Mechanical Work. The application for any registration or renewal of a registration for mechanical work required by Subsection 430.02 shall be accompanied by proof that the applicant holds a State Mechanical Bond. Subd. 3 Registration Application for Gas Piping Work. The application for any registration or the renewal of any registration for gas piping work required by Subsection 430.02 shall be accompanied by proof that the applicant holds a State Mechanical Bond. Subd. 4 License Registration for Plumbing Work. The registration of a State issued plumbing license shall be accompanied by proof that the registrant holds a then current Master Plumbing License issued by the Department of Labor and Industry. Section 3. Subsections 435.02, 435.03, 435.04, 435.05, 435.07, Subd. 4 and 435.09 of the Edina City Code are amended to provide as follows: 435.02 International Mechanical /Fuel Gas Code. The International Mechanical /Fuel Gas Code adopted by Section 410 of this Code adopting the Minnesota State Building Code shall be applicable to the pertinent provisions of this Section. 435.03 Permit Required. No person shall perform any mechanical work or gas piping work without first obtaining a permit from the City. The application for a permit shall be made to the Building Official on forms provided by the Building Official. The Building Official may require that the application include full plans and specifications for the work, and may further require that such plans and specifications be certified by a mechanical engineer licensed by the State. Such certification, when required, shall state that the work will not violate any provisions of the International Mechanical /Fuel Gas Code or any other provisions of this Code. The Building Official shall grant the permit upon finding that the work will comply with the International Mechanical /Fuel Gas Code and this Code. No change in the work for which a permit has been issued may be made without the written consent of the Building Official. 435.04 Permit Holder Must be Registered; Exception. An applicant for a permit required by this Section must be duly registered in accordance with Section 430 of this Code. Where permitted by State Law, permits may be issued to make repairs, additions, replacements and alterations to any mechanical work in any single family dwelling structure used exclusively for living purposes or to any building accessory thereto, provided that all such work in connection with it shall be performed only by the person who is the bona fide owner and occupant of such dwelling as the person's residence or a member of such owner- occupant's immediate family. "Immediate family" includes only a parent, spouse, child by birth or adoption, and such child's spouse. 435.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the installation of any mechanical work or gas piping work in any building in which mechanical equipment or gas piping has, in whole or in part, been installed contrary to Code provisions in effect at the time of such installation until such illegally installed system shall have been removed_ from it or brought into compliance with this Code and the International Mechanical /Fuel Gas Code. 435.07, Subd. 4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection., each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 168.70 to be remitted to the Department of Labor and Industry pursuant to M.S. 168.70. 435.09 Certification. Upon completion of any mechanical work for which a permit was required, the Building Official may require a certification by a mechanical engineer then currently licensed by the State, to the effect that all such work was done in full compliance with the International Mechanical /Fuel Gas Code and all other applicable provisions of this Code. Section 4. Subsections 440.03, Subd. 1, 440.04, Subd. 4 and 440.09 of the Edina City Code are amended to provide as follows: 440.03, Subd. 1 Registration Required. An applicant for a permit required by this Section must be duly registered in accordance with Section 430 of this Code. In addition, no individual shall construct, reconstruct, extend, alter or repair any plumbing work or building drainage, or construct cesspools, or construct, reconstruct, or connect any building drainage with cesspools or the City sewage system or the City water system either directly or indirectly unless such individual holds a valid master, journeyman or apprentice plumbing license issued by the Department of Labor and Industry to do such work; provided that a registered apprentice plumber shall be permitted to do plumbing work only under the direct supervision of a journeyman plumber who is present on the work site. No individual shall install water conditioning equipment unless such person holds a valid master or journeyman plumbing license or a water conditioning installer license issued by the Department of labor and Industry. No individual shall display any sign stating or implying that said person is carrying on the business of plumbing unless said individual holds a valid master plumber's license issued by the State. No owner, lessee or occupant of any premises in the City, nor the representative or agent of any such owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do plumbing work or water conditioning installation work on such premises who does not hold a valid license issued by the State. 440.04, Subd. 4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the Department of Labor and Industry pursuant to M.S. 168.70. 440.09 Additional Regulations for Plumbing Installation. The following additional regulations shall apply to all plumbing work: Subd.1 Minimum Depth. The minimum depth of house water service lines shall be seven feet. Subd. 2 Manholes. All sewer services being cut into manholes where required shall be inside drops of cast iron with the pipe strapped to the manhole wall and painted with two coats of INERTOL PDXITAR paint or equal. Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two feet maximum. All lines shall be laid on firm ground with back -fill, well compacted. Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over four feet above it. There must be a gate or ball valve on each side of the meter. Subd. 5 Water Services Through Buildings. All water services passing through a portion of the building shall be run under the floor or slab to the location of the meter. Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be plumb and operable after backfilling. Subd. 7 Ditches. All ditches shall be left open until after inspection Section S. Sections 470 of the Edina City Code is amended by deleting Subsections 470.02, 470.03, 470.04, 470-05,470.06,470.07,470.08,470.09,470.10, and 470.11 Subd. 1. Section 6. This ordinance is effective immediately upon passage and publication. First Reading: February 21, 2012 Second Reading: Waived Published: Attest Debra A. Mangen, City Clerk Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk James B. Hovland, Mayor Section 410 - Building Code 410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC ") as promulgated by the State Department of Administration pursuant to M.S. 16B.59 through 16B.75. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 21. 1300, Administration of the Minnesota State Building Code; 22. 1301, Building Official Certification; 23. 1302, State Building Code Construction Approvals; 24. 1303, Minnesota Provisions; 25. 1305, Adoption of the 2006 International Building Code; 26. 1307, Elevators and Related Devices. 27. 1309, Adoption of the 2006 International Residential Code; 28. 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings; 29. 1315, Adoption of the 2005 2011 National Electrical Code; 30. 1322, Residential Energy Code: 31. 1323, Commercial Energy Code; 32. 1325, Solar Energy Systems; 33 1330 Fallout shelter-F, 34. 1335, Floodproofing Regulations; 35. 1341, Minnesota Accessibility Code; 36. 1346, Adoption of the 2006 International Mechanical/Fuel Gas Codes Minnesota 37. 1350, Manufactured Homes; 38. 1360, Prefabricated Structures; 39. 1361, Industrialized/Modular Buildings; 40. 1370, Storm Shelters (Manufactured Home Parks); 41. 4715, Minnesota Plumbing Code 42. r670 '76 77 7674, 7676 and 7678, Minneseta Energy n..ae Adoption includes the following, but only the following, listed optional provisions of the MSBC except, however that fees shall be as provided in Section 185. The optional provisions which are hereby adopted are as follows: C. Chapter 1306 with 1306.0020, Subp. 2 of the MSBC relating to Special Fire Protection Systems. D. Chapter 1335, parts 1335.0600 to 1335.1200 of the MSBC relating to Floodproofing. 410.02 Fees and Surcharges. Subd. 1 Fees. Permit fees required or authorized by the MSBC or- the -11 6 shall be in the amounts set forth in Section 185 of this Code. Subd. 2 Other Permit Related Fees. Reinspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by. loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 185 of this Code. Subd. 3 Investigation Fee. If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, as authorized by MSBC Chapter 1300.0160 Subp. 8, shall be collected, and is in addition to the required permit fees. The investigation fee shall be equal to the permit fee. Subd. 4 Outside Consultant Fees. Plan review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the City. Subd. 5 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the State Department of Administration pursuant to M.S. 16B.70. Subd. 6 Additional Surcharge. In addition to the fees charged pursuant to Subd. 1 and Subd. 5 of this Subsection, each building permit issued for work that requires a licensed residential building contractor, remodeler, or specialty contractor pursuant to, and as defined in M.S. 326.83 and 326.84 (Chapter 306, 1991 Session Laws), shall pay to the City a surcharge as allowed by M.S. 326.86, and in the amount set forth in Section 185 of this Code. 410.03 Organization and Enforcement. The organization of the Building Department of the City, and enforcement of this Section, shall be as established by Chapter 1300 of the Minnesota State Building Code. 410.04 Penalty. Any person who violates or fails to comply with any provision of this Section shall be subject to the penalties provided by Subsection 100.09 of this Code, and shall also be subject to other penalties and remedies available to the City under the MSBC." History: Ord 410 8- 10 -88, Ord 1995 -1 3- 29 -95; Ord 1999 -8 4- 14 -99; Ord 2004 -4, 4- 29 -04; Ord 2007 -14, 7 -17 -07 Reference: M.S 16B.59 through 16B.73, 16B.70, 326 83, 326 84, 326.86 Cross Reference: Section 185, Subsection 100.09 Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners, Stokers, Steam or Hot Water Systems, Mechanical Warm Air Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing and Water Conditioning Equipment. 430.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection. Gas Piping Work. The construction, reconstruction, installation, alteration, extension, or repair of gas piping or gas burner systems. Mechanical Work. The construction, reconstruction, installation, repair or alteration of any oil burner, stoker, steam or hot water heating system, mechanical warm air heating and air conditioning system, or refrigeration system. Person, Applicant, Registrant, Licensee. A business enterprise employing one or more individuals engaged in the work identified by this Section. Plumbing Work. The construction, reconstruction, alteration, extension, or repair of any plumbing work or building drainage, or connecting plumbing work with the City sanitary sewer system or septic tank or water system or the installation of plumbing fixtures. Water Conditioning Work. The installation of water softener and conditioning equipment. 430.02 Lieense or Registration Required. No person shall perform or receive a permit to perform mechanical work or gas piping work in any building in the City without having first registered with the City as provided in this Section. No person shall perform any plumbing or water conditioning work in any building in the City without first registering with the City a State issued license as provided in this Section. 430.03 Lieense Registration Requirements. Subd. 1 Lieense Registration Provisions. The provisions of Section 160 and Section 165 of this Code shall apply to all registrations required by this Section and to the holders of such registrations. lieenses, evieept that lieenses, keense r-egistfeAieas, and renewals shall be granted er- denied by the Building . Subd. 2 Lieense Registration Application for Mechanical Work. The application for any license registration or renewal of a heense registration for mechanical work required by Subsection 430.02 shall be accompanied by proof that the applicant holds -a State Mechanical Bond. Subd. 3 Lieense Registration Application for Gas Piping Work. The application for any heense registration or the renewal of any license registration for gas piping work required by Subsection 430.02 shall be accompanied by proof that the applicant holds a State Mechanical Bond. Subd. 4 License Registration for Plumbing Work. The, registration of a State issued plumbing license shall be accompanied by proof that the registrant holds a then current Master Plumbing License issued by the mate Department of Labor and Industry Ne Subd. 5 License Registration for Water Conditioning Work. The registration of a State issued Water Conditioner Installer License shall be accompanied by proof that the registrant holds,a current Water Conditioning Installer License from the mate Department of HeaM Labor and Industry. Subd. 6 Liability Insurance. Unless prohibited by State Law, the applicant for a registration shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by the applicant during the period of the license for death or personal injury arising therefrom to any person or persons, in amounts not less than $100,000 for injury to or death of one person and $300,000 for any one incident, and for damage to property arising from any one incident in the amount of not less than $50,000. Subd. 7 Place of Business. Every applicant fora heense er- lieeme registration must maintain a place of business in the State. As used in this Section, place of business shall consist of a bona fide location where record keeping and administrative functions of the business for which the license is issued are transacted. Subd. 8 Fee. All applications for licenses shall be accompanied by a fee in the amount set forth in Section 185 of this Code. 430.04 Unlawful Acts. No licensee shall take out or secure a permit for the construction, installation, alteration, or repair of any systems or equipment covered by this Section where the work is to be done by any person not in the employ of such licensee, nor allow licensee's name to be used by any other person for the purpose either of doing any such work or of obtaining a permit to do so. H i s t o r y : O r d 429 a d o p t e d 3 -1 -73; amended b y Ord 1 1 1 11- 25 -81, Ord 1995 -6 8 -17 -95 Cross Reference: Sections 160, 165, 185 Section 435 - Regulating Mechanical Work and Gas Piping Work 435.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection. Gas Piping Work. The construction, reconstruction, installation, repair, alteration or extension of gas piping or gas burner `systems. Mechanical Work. The construction, reconstruction, installation, repair or alteration of any oil burner, stoker, steam or hot water heating system_ , mechanical warm air heating and air conditioning system, or refrigeiation system. 435.02 International Mechanical/Fuel Gas Code. The International Mechanical/Fuel Gas Code adopted by Section 410 of this Code adopting the Minnesota State Building Code shall be applicable to the pertinent provisions of this Section. 435.03 Permit Required. No person shall perform any mechanical work or gas piping work without first obtaining a permit from the City. The application for a permit shall be made to the Building Official on forms provided by the Building Official. The Building Official may require that the application include full plans and specifications for the work, and may further require that such plans and specifications be certified by a mechanical engineer licensed by the State. Such certification, when required, shall state that the work will not violate any provisions of the International Mechanical/Fuel . Gas Code or any other provisions of this Code. The Building Official shall grant the permit upon finding that the work will comply with the International Mechanical/Fuel Gas Code and this Code. No change in the work for which a permit has been issued may be made without the written consent of the Building Official. 435.04 Permit Holder Must be Registered Licensed; Exception. An applicant for a permit required by this Section must be duly heensed-eF registered in accordance with Section 430 of this Code. Where permitted by State Law, permits may be issued to make repairs, additions, replacements and alterations to any mechanical work in any single family dwelling structure used exclusively for living purposes or to any building accessory thereto, provided that all such work in connection with it shall be performed only by the person who is the bona fide owner and occupant of such dwelling as the person's residence or a member of such owner- occupant's immediate family. "Immediate family" includes only a parent, spouse, child by birth or adoption, and such child's spouse. 435.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the installation of any mechanical work or gas piping work in any building in which mechanical equipment or gas piping has, in whole or in part, been installed contrary to Code provisions in effect at the time of such installation until such illegally installed system shall have been removed from it or brought into compliance with this Code and the International Mechanical/Fuel Gas Code. 435.06 Approval of Materials and Appliances. No person shall install any material or appliance which has not been approved by the Building Official. No person shall represent that any material or appliance has been approved by the Building Official for installation who knows that such approval has not been given. 435.07 Fees and Surcharges. The fees and surcharges for a permit required by this Section shall be in the amount set forth in Section 185 of this Code. Subd. 1 Other Permit Related Fees. Re- inspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 185 of this Code. Subd. 2 Investigation Fee. If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, as authorized by MSBC Chapter 1300.0160 Subp. 8, shall be collected, and is in addition to the required permit fees. The investigation fee shall be equal to the permit fee. Subd. 3 Outside Consultant Fees. Plan review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the City. Subd. 4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the State Department of Labor and Industry pursuant to M.S. 16B.70. 435.08 Inspections. All equipment and installations installed pursuant to this Section shall be inspected by the Building Official, or a special inspector designated and approved by the Building Official. Inspections shall be made during construction and before enclosure or concealment of any equipment and accessory materials. Final inspection and operating tests shall be made before unconditional occupancy of the building is permitted. Final test reports must be submitted with final inspection. 435.09 Certification. Upon completion of any mechanical work for which a permit was required, the Building Official may require a certification by a mechanical engineer then currently licensed by the State, to the effect that all such work was done in full compliance with the International Mechanical/Fuel Gas Code and all other applicable provisions of this Code. 435.10 Interpretation. In the event the provisions of the Building Code are less restrictive than the provisions of this Section, the provisions of the Building Code shall control. History: Ord 433 8- 10 -72, Ord 433 -AI 3 -1 -73, Ord 433 -A2 2- 13 -80, Ord 433-A3 6- 17 -81; Ord 2004 -4, 4- 29 -04; Ord 2007 -14, 07 -17 -07 Cross Reference: Section 185, 410, 430 Section 440 - Regulating Plumbing and Installation of Water Conditioning Equipment 440.01 Minnesota Plumbing Code. The Minnesota State Plumbing Code, adopted by Section 410 of this Code adopting the Minnesota State Building Code, shall be applicable to pertinent provisions of this Section. 440.02 Permit Required. No person shall construct, reconstruct, extend, alter or repair any plumbing work, or install any plumbing fixture, or connect any plumbing work with a cesspool or the City sewage system or the City water system, or install water conditioning equipment without first obtaining a permit from the City. The application for a permit shall be made to the Building Official on forms provided by the Building Official. The Building Official may require that the application include full plans and specifications for the work. The Building Official shall grant the permit upon finding that the work will comply with the State Plumbing Code and this Code. No change in the work for which the permit has been issued may be made without the written consent of the Building Official. 440.03 Ueense Registration Required for Plumbing or Water Conditioning Work; Exception. Subd. 1 Ueense Registration Required. An applicant for a permit required by this Section must be duly heensed-e registered in accordance with Section 430 of this Code. In addition, no individual shall construct, reconstruct, extend, alter or repair any plumbing work or building drainage, or construct cesspools, or construct, reconstruct, or connect any building drainage with cesspools or the City sewage system or the City water system either directly or indirectly unless such individual holds a valid master, journeyman or apprentice plumbing license issued by the State Department of Heal Labor and Industry to do such work; provided that a registered apprentice plumber shall be permitted to do plumbing work only under the direct supervision of a journeyman plumber who is present on the work site. No individual shall install water conditioning equipment unless such person holds a valid master or journeyman plumbing license or a water conditioning installer license issued by the State Department of Health Labor and Indus . No individual shall display any sign stating or implying that said person is carrying on the business of plumbing unless said individual holds a valid master plumber's license issued by the State. No owner, lessee or occupant of any premises in the City, nor the representative or agent of any such owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do plumbing work or water conditioning installation work on such premises who does not hold a valid license issued by the State. Subd.2 Exceptions. A. Any other provisions of this Section to the contrary notwithstanding and where permitted by State Law, permits may be issued to make repairs, additions, replacements, and alterations to any plumbing or drainage work or install water conditioning equipment in any single family dwelling structure used exclusively for living purposes or any buildings accessory thereto, provided that all such work in connection with it shall be performed only by the person who is the bona fide owner and occupant of such dwelling as the person's residence or a member of such owner- occupant's immediate family. "Immediate family" includes only a parent, spouse, child by birth or adoption, and such child's spouse. B. Water service and building sewer lines may be installed by persons who complete the training for and earn a Pipe Layer Card, their assistants and contractors who employ them so long as there is at least one cardholder in each trench where work is proceeding, providing they are duly registered and licensed under Section 430 of this Code." C. Water service and building sewer lines may be installed by persons who complete the training for and earn a Pipe Layer Card, their assistants and contractors who employ them so long as there is at least one cardholder in each trench where work is proceeding. 440.04 Fees and Surcharges. Applications for permits pursuant to this Section shall be accompanied by the fee fees set out in Section 185 of this Code. Subd. 1 Other Permit Related Fees. Reinspection fees, inspections outside normal business hours, inspections for which no fee is specifically indicated and fees for additional plan review required by loss, changes, additions or revisions to plans shall be in the amounts set forth in Section 185 of this Code. Subd. 2 Investigation Fee. If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, as authorized by MSBC Chapter 1300.0160 Subp. 8, shall be collected, and is in addition to the required permit fees. The investigation fee shall be equal to the permit fee. Subd. 3 Outside Consultant Fees. Plan review, inspections and/or consultation fees for outside consultants may be collected and shall comprise the actual costs to the City. Subd.4 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this Subsection, each applicant for a permit shall pay a surcharge to the City in the amount set forth in M.S. 16B.70 to be remitted to the mate Department of Administfati Labor and Industry pursuant to M.S. 16B.70." 440.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the installation of any plumbing work or water conditioning installation work in any building in which a plumbing system has, in whole or in part, been installed contrary to City Code provisions in effect at the time of such installation until such illegally installed plumbing shall have been removed from it or brought into compliance with this Code and the Minnesota State Plumbing Code. 440.06 Work on Condemned Plumbing. Whenever any plumbing has been condemned by the Sanitarian or authorized assistant, a copy of the notice sent by the Sanitarian to the agent, occupant, or person in charge or control of the premises where such plumbing has been condemned shall be filed with the Building Official by said Sanitarian, and all repairs, alterations and installations made on such condemned plumbing shall be made and done in accordance with this Section. The plumber hired to perform such work shall secure a permit for such work as required by this Section and shall make such tests of the completed work as may be required by the Building Official. 440.07 Permit Required to Install Hot Water Heaters. No person shall install or reinstall any hot water heater or a hot water storage tank in connection with a heating element connected to any water system, without first having obtained a permit from the Building Official. 440.08 When Permit Not Required. Permits will not be required for repairing leaks in water pipes or for repairs of faucets or valves. 440.09 Additional Regulations for Plumbing Installation. The following additional regulations shall apply to all plumbing work: Subd. 1 Minimum Depth. The minimum depth of house water service lines shall be seven feet. Subd. 2 Manholes. All sewer services being cut into manholes where required shall be inside drops of cast iron with the pipe strapped to the manhole wall and painted with two coats of INERTOL PDXITAR paint or equal. Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two feet maximum. All lines shall be laid on firm ground with back -fill, well compacted. Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over four feet above it. There must be a gate or ball valve on each side of the meter. Subd. 5 Water Services Through Buildings. All water services passing through a portion of the building shall be run under the floor or slab to the location of the meter. Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be plumb and operable after backfilling. Subd. 7 Ditches. All ditches shall be left open until after inspection. Subd. 8 Safety Regulations. The fe1jewing safe4y regulations aFe applieabi the paaa,aaavaaag work requires the digging ef ditehes er- heles mer-e than feur- fee jeb at all aaaaays when work the a du :s �: �_ ���: T�- Tr .:sT.S'.s77TCT- T.SZ[T- �RT.T.Ti 7��i►TT.1�TTrf Za .}�- - �(�!�'� e�fe�c�Fe�en�d- aeFess the top, an eigM 1, 1f bin- r- nsar: feet di" f c2�iir�cvpla— depth. be 12'8" A rr�e�^vri- feet r�r�ryy a•+ L. t L 1 1'4 " -�-r -r diteh must be 14 feet aemss thp must top, wi�e feet E. All materials shWI be kept assuming baek lemt a twe feet v4dth &em aefess the bettem; at the edge ef the diteh. relkng boo- the dite \ITL.ere it is the + ti 1 er- tmdenmine a slab s e..ea . ,;tl, A ., 4 timbers. Y. 4 headoi s - must slab be plaeed or- eur-b under- and gkkter- the slab ffmst orou4b 9. A41 eyeavatiom mtffit be eavered banieaded is All a .atie ns en steets —or- er- when work net in progress. eemplianee with Seetio 14. Beeause of the x►"h a utilities, the leee.:e_ aseeFtained by the per-son 420 of numemus of in ehmge sidewalk this Code; underground lines, of the - telephene work ways — must a sei-viees lines befer-e - ti@-undeftaken- insWled a eleetrie digging in the City lines is staFted. in nsii by the t , 440.10 Approval of Materials, Appliances, and Fixtures. No person shall install any materials, appliances or fixtures which have not been approved by the Building Official. 440.11 Inspection. All work for which a permit is required by this Section shall be subject to inspection by the Building Official or the deputy, who shall be permitted access for purposes of inspection at all reasonable times by the owner or occupant of the premises where the work is to be or is being done, and by the person doing the work. 440.12 Procedure in Case of Violation. In case of any violation, the Building Official may serve upon the person who performed the work, or upon the owner or occupant of the premises where the work was done, a written notice describing the location and nature of the violation and the steps to be undertaken to remedy the violation, and ordering that such steps be taken within a reasonable period from the date of such service, which shall be not less than five days nor more than 90 days. Failure by any party so served to remedy the violation within the period specified shall be deemed a violation of this Section. History: Ord 431 codified 1970; Ord 431 Al 2- 18 -76; Ord 431-A2 11-3-76,-Ord 432 -A1 1- 16 -80; Ord 431-A3 5- 13 -81; Ord 431-A4 12-2-81; Ord 1999 -8 4- 19 -99; Ord 2000 -7 7 -5 -00; Ord 2004 -4, 4- 29-04 Cross Reference: Sections 185, 410, 420, 430 Section 470 - Dangerous or Substandard Buildings 470.01 Dangerous or Substandard Buildings Declared a Nuisance. Any structure or building, or portion of a structure or building, in which there exists any of the conditions listed in Subsection 470.02 is a dangerous or substandard building, and is hereby declared to be a public nuisance. uns4 ble9= --dangerous, that the bass. 1;, «..tief e f sueh sue element has been E. MUM - Irrm Mm 1 , deterioration, deeay, &Hky eenstruefien, uns4 ble9= --dangerous, that the bass. 1;, «..tief e f sueh sue element has been E. 1 , deterioration, deeay, uns4 ble9= --dangerous, that the bass. 1;, «..tief e f sueh sue element has been E. , deterioration, deeay, &Hky eenstruefien, or- beeause of the r-emeval or- fnevement building or- sifeetffe of peAien > > to 9 The e., +e,• of walls o other Ye.•tieal stfuetwal members list lea « t.,,ek a to sueh an eK4ent that a plumb line passing dueugh the eenter- of gravity of that wall or- stfuetwal member- dees not M inside the middle third ef the base, _I ^ Fes Ina; :4144P;hj�v�p 1 f i f ! f .' f in m-b 14 j.+__ + f ef t,e ste «b e. fi «e - iea resistive 1rc eTVr -vh a rv+ mzma' vs-vrwvat m vr- .. applipable laws in effeet geed eenditien and is ue !. whieh has been maintained -m* eA 4he time insWiation of being in eAd used a safe manmf-. Subd. 3 ,•ae Subd. 4 ue,e_dous Plumbing. All plumbing QiCQ_t taY aT+Yh eh _r ea _ _tL all equipment, ineluding MeehaniealEquipment. All fnee>+ep:eel vents , e a pt d t r ..n4allet;e., ma d- ;yb eL, wh el, n f ....,.ea it b. b- t ,i all pl:eable ' f laws 17C e et at the time _r PANditi JasiV VVilalLiVrr ' Subd5 Faulty A. Deteriorated, W .. s• esc�ci- r- Drvc♦ ccsays B. water-pmefing walls, f f f . paint, D. Wekea, Subd. 6 inadequate -4- F A- F�-S - - - -— 6e+ +s.+�e. vvMrh eentbEmed with fie a st.. a integ6ty r -eaedf split, l+ aledexr ° ell r-eef oevefffigs. are net pr-evided with the Code t these 1. •la• VVYV VAtiV their- eenstmetien and whese e,7 e a Fire Pr-oteetion. All buildings ceet:e., by whieh n 1 n f tt,� +.. ++ +.vi Maa V -d vvv.avaa all appliemble laws •av Vi HaaJ the time has leer• nrle ntel. a4 of maintained 470.Oj lospeetions and Appeals. L7iT� _ r. � • • k I. 1. • •s •r .s XWOUTzma. • • — L7iT� _ r. • •s •r L7iT� _ r. • aR per-spas mail .t, ,tt a be efe iye on the . a., +e � .,:ti,,.. if ., f t, +. .t a per-sen as it appeafs en the, last equalized assess-M-ea-at #A-11- �-;f s-hp C-Awn er. as k:novin to ....�o or-t' csP7-- vz- Javcr -nv�v- r�- �v- zriarr�r, elyed in the pFe6e2d ings. -The failure of any +1, r to r- eeviveaav� *,otieesh —al.l net affnat in any manner- the v � any vk validity preepedings + t int°FE'rSrl:eEi pe!FSe «� Geuneil shall make its deeisien eA the same meeting -- or- ar-a I 1 • • . . , be read$- and -ZCCPa-r-, a-�6�- ar- vrae�6acrvn dwt the a ee inept lessee, • ,- £2Ii�6iY - of - d-Efaeli ien 'of Fender-e Fender-ed « «t to tl.:� Seet:,.« any -building er- slF ate; Any eFder- 1:9- 6i6 -9 ° shall net indi ...t° .. ..1t..m tive „ « to ° , or- being fnade.- r. _ ether- per-son Pessessign while - - ------- - B. Piat.the eeoupant, lessee, TL. be read$- and -ZCCPa-r-, a-�6�- ar- vrae�6acrvn dwt the a ee inept lessee, • ,- £2Ii�6iY - of - d-Efaeli ien 'of Fender-e Fender-ed « «t to tl.:� Seet:,.« any -building er- slF ate; Any eFder- 1:9- 6i6 -9 ° shall net indi ...t° .. ..1t..m tive „ « to ° , or- being fnade.- � ether- per-son Pessessign while 1 1 � • _ IT! Mr ONO 470.10 StandRFdS for Repair, - Removal T 1•*• TL. be read$- and -ZCCPa-r-, a-�6�- ar- vrae�6acrvn --rri2 • ,- £2Ii�6iY - of - d-Efaeli ien 'of Fender-e Fender-ed « «t to tl.:� Seet:,.« any -building er- slF ate; Any eFder- 1:9- 6i6 -9 ° shall net indi ...t° .. ..1t..m tive „ « to demelish; . however-, t+" , va uaasavcaav � imp Stibid. 4 UnFiepaiFable Buildings. In Bang reasonably be and VVVaaVaaaaVGLaa♦ :eumrca so cznicirwm no o ��ty s oeeupants, she4l be eFdeied te be vaeated. imp Stibid. 4 UnFiepaiFable Buildings. In Bang all building eafmot be eases where a substandard it !eager- Cieaditien as'te- faake it the health, EN��: t,., � •� oeeupants, she4l be eFdeied te be vaeated. fal, sa, o generel Welfate imp Stibid. 4 UnFiepaiFable Buildings. In Bang all building eafmot be eases where a substandard it !eager- > with > se that will no exist ifl. EN��: !F ME • Y. 10-1-ill-I Iwo • • • Y. 10-1-ill-I Iwo r. • r. . IRTMIN • • 10-1-ill-I Iwo 470.02 Sub& -2 Council May Order Repair or Removal. The Council may order the repair or removal of the building or structure cited in the order in accordance with M.S. 463.15 to 463.26 where such statutory provisions apply, which statutes are hereby adopted and incorporated into this Section by reference and made a part of this Section. History: Ord 471 codified 1970; Ord 471 -AI 8 -8 -74, Ord 471 -A2 2- 27 -75, Ord 471 -A3 1- 16 -80, Ord 471 -A4 8 -5 -81 Reference: M.S. 463.15 to 463.26 Cross Reference: Section 725; Subsection 100.09 ow e A` Cn REPORPRECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII.E.3 From: Sherry Engelman ® Action Community Health F� Discussion Administrator Information Date: February 21, 2012 Subject: Ordinance No.' 2012 -8 Amending City Code Concerning Noise, Ventilation, and Swimming Pools ACTION REQUESTED: Adopt Ordinance No. 2012 -8. Waive second reading. INFORMATION /BACKGROUND: Ordinance No. 2012 -8 reflects the following language updates for consistency with state statutes and rules: • Chapter 4, Section 450 — Swimming Pools, updates language to be consistent with current applicable state statutes and rules • Chapter 7, Chapter 740 — Ventilation of Parking Garages for Multiple Dwellings, provides sole authority to the City for inspecting parking garages of multiple dwellings. • Chapter 10, Section 1040 — Noises Disturbing the Public Peace, updates language to be consistent with current applicable state statutes and rules. The City Attorney prepared Ordinance No 2012 -8. ATTACHMENTS: Ordinance No. 2012 -8 (PDF version only) Current City Code with Markups (PDF version only) .ORDINANCE NO. 2012 -8 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING NOISE, VENTILATION, AND SWIMMING POOLS THE CITY OF EDINA ORDAINS: Section 1. Chapter 4 of the Edina City Code is amended by adding the following definition in subsection 450.01: ASME /ANSI Standards. A safety standard accredited by the American National ! Standards Institute and published by the American Society of Mechanical Engineers, Section 2. Chapter 4 of the Edina City Code is amended by amending subsection 450.13, Subd. 1 to provide as follows: Subd.1.Main Outlets. Main outlets, for purposes of recirculation and emptying the pool, shall be so located as to provide at least two suction outlets connected in parallel with suction outlet covers at the deepest point in the pool if the pool width does not exceed 20 feet. Outlet covers must meet ASME /ANSI standards. If the pool width is more than 20 feet, multiple outlets shall be provided and spaced not.more than 20 feet apart, nor more than 10 feet from walls. All main outlets shall be equipped with gratings -having an area of openings not less than four times the cross - sectional area of the outlet pipe. The gratings shall be designed so that they cannot be readily removed by bathers and will not injure fingers of bathers. Section 3. Chapter 7,of the Edina City Code is amended by amending subsection 740.04, Subd. 4 to provide as follows: Subd. 4. Inspection Fee. An inspection fee for each parking garage, as set forth in Section 185 of this Code, shall accompany the license application. Section 4. Chapter 10 of the Edina City Code is amended by amending subsection 1040.01, Subd. 2 to provide as follows: Subd. 2.Measurement of Acceptable Sound Levels. Section 7030.0060 of the Regulations is amended to read as follows: A. A measurement procedure approved by the Sanitarian shall be used to determine the acceptability of sound levels in a given area. Such measurements shall be made using the following guidelines: 1. If the noise emanates from a place other than a building or.structure, then the measurement shall be made at the point of human activity in the receiving area which is the nearest the noise source and which is typical for the noise area classification category of the receiving area, except where existing barriers, obstructions or reflecting surfaces prevent an accurate measurement; and 2. If the noise emanates from a building or structure, then the measurement shall be made from the property line of the property on which the building or structure is situated. Section 5. Chapter 10 of the Edina City Code is amended by amending subsection 1040.04, Subd. 1 to provide as follows: Subd.1.Minnesota Pollution Control Agency. Noise Pollution Control Regulations of the Minnesota Pollution Control Agency Air Quality Division published as Minnesota Rules 2003, Chapter 7030; and Section 6. This ordinance is effective immediately upon its passage and publication. First Reading: February 21, 2012 Second Reading: Waived Published: Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk City of Edina Misdemeanors and Nuisances 1040.03 . Section 1.040 - Noises Disturbing the Public Peace 1040.01 Regulations Adopted; Measurement of Sound Levels. Subd. 1. M.P.C.A. Regulations Adopted. There is hereby adopted and incorporated herein by reference. as part of this Section, the Noise Pollution Control Regulations of the Minnesota Pollution Control Agency, Air Quality Division, Minnesota Rules, Chapter 7030 ( "Regulations "). Subd. 2 Measurement.of Acceptable Sound Levels. Section 7010.0000 7030:0060 of the Regulations is amended to .read as follows: A. A measurement procedure approved by the Sanitarian shall -be used to -determine the acceptability of sound levels in a given area. Such measurements shall be made. using the following guidelines; 1. If the noise emanates from a place other than a building or structure, then ' the measurement shall be made at the point of human activity in the receiving area which is the nearest the noise source and which is. typical for the' noise area classification category of the receiving 'area, except where existing 'barriers, obstructions or reflecting surfaces prevent an accurate measurement; and 2. If the noise emanates from a building or structure, then the measurement shall be made from the property line of the property on which the building or structure is situated. 1040.02 Prohibited 'Noise. No person shall make, continue, or cause or allow to be made or continued, any noise which exceeds the standards set forth in the Regulations. The foregoing prohibition shall not apply to the following conditions: A. Noises necessary for the protection or preservation of property or of the health, safety, life or limb of a human being; B. The operation of motor vehicles on public highways, locomotives and railroad cars, maintenance of utility easements or parks or snow removal by the City, County.or State; 1040.03 Hourly Restrictions on Certain Operations. No person shall.: A. Between the hours of 10:00 P.M. and 7:00 A.M., operate a snowmobile, minibike, all terrain vehicle, or other vehicle not licensed for travel on public streets, provided vehicles used by physically disabled persons as defined by M.S. 169.356, Subd. 2 are exempt from this requirement. B. Between the hours of 10:00 P.M. and 7:00 A.M., operate a power lawn mower, power hedge clipper, power leaf blower, chain saw mulcher, garden tiller, edger, drill or other similar maintenance equipment. Provided, however, i) the use of fairway and greens mowers and other motorized equipment used to maintain golf courses and publicly 1040-1 City of -Edina Misdemeanors and Nuisances 1040.10 owned property , ii) the use of snow removal:, equipment and iii) the use of ice rink maintenance equipment are exempt from this requirement. C. Between the hours of 10:00 P.M. and 7:00 A.M., collect garbage or refuse within 200 feet of a building used for residential purposes. D. No person shall engage in or permit construction and repair activities involving the use of any kind of electric, diesel or gas- powered motor vehicles or machine or other power equipment, audible beyond the property line. of the property -where the activity is occurring, except between the hours of 7:00 am. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 7:00 p.m., Saturday, Sunday.and holidays .(New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas). 1040.04 Codes on File. One copy of each of the following, each marked Official Copy, shall be filed in the office of the Clerk for use and examination by the public`. Subd. 1 Minnesota Pollution Control Agency. Noise Pollution Control Regulations of the Minnesota Pollution Control Agency Air Quality Division published as Minnesota Rules, 4994- 2?003, Chapter 704-0,' 04-0 7.03.0; and Subd.2 American National Standards Institute. American National Standards Institute Specification for Sound Level Meters, SIA -1983. 1040.05 Advertising Noises. No person shall make or cause to be made for the purpose of advertising or announcing the person's vocation or presence, or in connection with the buying or selling of any goods, wares, merchandise, services, or anything whatsoever, or with the carrying on of any trade, occupation, vocation, or profit - making activity, an amplification of the voice, or of any bell, gong, horn, instrument, article or device. The violation of this Subsection in connection with any license or permit shall be cause for its revocation or suspension pursuant to Section 160 of this Code., 1040.06 Engines to be Muffled. It shall be unlawful to operate or cause to be operated any noise - creating blower or power fan, internal combustion engine, air compressor, or steam engine, the operation of which causes noises due to the explosion of operating gases of fluids, unless the noise from such blower or fan is muffled and such engine or compressor is equipped with a muffler device sufficient to deaden such noises, so that the noise shall not cause annoyance to the public or. disturb the rest and quiet of persons of normal sensibilities in the vicinity. 1040.07 Mechanical Sound Devices. No person shall make, cause or allow to be made or continued, any unreasonably loud or raucous noise, in the operation or use of any radio, phonograph or other mechanical, pneumatic or electrical sound - making or reproducing device, instrument or machine, which disturbs the comfort, quiet or repose of persons of normal sensibilities in the vicinity. 1040.08 Alarm Systems. No person shall permit an automatic fire alarm or intrusion alarm system under the person's control to emit, for period exceeding 20 minutes, an audible alarm which disturbs the comfort, quiet or repose of persons of normal sensibilities in the vicinity. 1040-2 City of Edina Misdemeanors and Nuisances 1040.10 . 1040.09 Permit Necessary for Loudspeakers and Similar Devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any building, place or premises, or in or through any window, doorway or opening of such building, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound - making or sound- reproducing devices, without obtaining a permit from the City. Application for the permit shall be made to the Clerk on forms provided by the Clerk. The provisions of Section 160 of this Code shall apply to permits issued under this Subsection and to the holders of such permits. The application shall require, among other information required by Section 160 of this Code, the hours and location of the proposed use, and the maximum volume (in decibels) of the proposed use. If the proposed use complies with the provisions of this Section and other applicable provisions of this Code, the permit shall be granted. The fee for such permit shall be set forth in Section 185 of this Code. Subsequent violation of any provision of this Section or this Code by the permit holder shall be cause for revocation or suspension of the permit pursuant to Section 160 of this Code. This Subsection shall not apply to emergency vehicles or loudspeakers and similar devices used by the City. 1040.10 Participants as Violators. Any person on the premises or at the place from which any noise emanates which violates the provisions of this Section, and who is participating in the activity for which or from which the noise is being made, shall be deemed to be making, or allowing to be made, the noise in violation of this Section. History: Ord 1032 codified 1970; amended by 1032 -A1 8- 12 -81, 1032 -A2 9- 29 -82, 1032 -A3 9- 10-84; Ord 1995 -6 8- 17 -95; Ord 2007 -10, 06 -05 -07 Reference: Minnesota Rules, 19W &I Chapter 74M 7030 Cross Reference: Sections 160, 185 1040-3 City of Edina Buildings, Construction and Signs 450.01 Section 450 - Swimming Pools 450.01 Definitions. For the purpose of this Section, the following terms, phrases, words, and their derivations shall have the meanings given. ASME /ANSI Standards. A safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers., Backwash Piping. The piping which extends from the backwash outlet of a filter to its terminus at the point of disposal. Filter. A material or apparatus by which water is clarified. Inlet. The fitting or opening through which filtered water enters the pool. Lifeline Anchors. The rings at transition point of the pool. Main Outlet. The outlet at the deep portion of the pool through which the main flow of water leaves the pool when being drained or being recirculated. Main Suction. The line connecting the main outlet to the pump suction. Pool Deck. The finished area around the pool. Pool Depth. The distance between the floor of the pool and the maximum operating level when the pool is in use. Pool Floor. That portion of the pool that is horizontal or inclined less than 45 degrees to the vertical from the horizontal. Pool Wall. That portion of the pool that is vertical or inclined more than 45 degrees to the vertical from the horizontal. Recirculating Piping. The piping through which the water circulates from the pool to the filter and return to the pool. Recirculation Skimmer. A device connected with pump suction used to skim the pool over a self - adjusting weir and return the water to the pool through the filter. Residential Special Purpose Pool. Any basin for holding water which is designed for human use, 100 square feet or less in water surface area with a water depth greater than 24 inches at any point and which is accessory to a single family residence. This definition includes, but is not limited to treatment pools, therapeutic pools, whirlpools, spa pools, hot tubs and wading pools. This definition does not include temporary above ground swimming pools. 450-1 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.03 , Residential Swimming Pool. Any constructed pool which is used, or intended to be used, as a swimming pool in connection with a single family residence, and available only to the occupants of the residence and private guests. Return Piping. The piping which carries the filtered water from the filter to the pool. Swimming Pool. Any basin for holding water, designed for human use, with a water depth greater than 24 inches. Swimming pools include residential swimming pools, residential special purpose pools and temporary above ground swimming pools. Temporary Above Ground Swimming Pool. A swimming pool which is inflated or assembled above ground or on the ground and is intended by design to be seasonal in nature and available only to the occupants of a residence and their guests. Transition Point. The point between the shallow and deep area of the pool. Underwater Seats, Benches and Swimouts. An underwater seat, bench or swimout located at the perimeter of a pool no greater than 20 inches below the waterline and a horizontal depth of 12 inches or more. Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient outlet for connecting the underwater suction cleaning equipment. Vacuum Piping. The piping which connects the vacuum fitting to the pump suction. Width and Length Determination. The width and length of the pool shall be determined by actual water dimensions. 450.02 Construction Permit Approval. No person shall commence any work on the construction of a swimming pool, or any alteration, addition, remodeling or other improvement, or on any repair to a swimming pool, without first obtaining a permit from the Building Official. The applicant for a permit shall submit for approval by the Sanitarian three sets of identical plans and specifications and pertinent explanatory data relative to design, operation and maintenance insofar as health and safety features are concerned in accordance with the standards prescribed by this Section. Approval by the Sanitarian shall not pertain to design for structural stability. The Building Official shall not issue the permit until the plans and specifications have been approved by the Sanitarian. 450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data required by Subsection 450.02 shall comply with the provisions of this Section and shall include, but not be limited to, the following, as well as such other data as may be reasonably requested by the Sanitarian and the Building Official: A. The general layout of the entire building lot on which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewers and sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of contamination within 50 feet of the pool. The plans shall be drawn to a scale of not less than one - fourth 450-2 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.06 inch equals one foot and shall indicate all dimensions, including the effective length, depth; and width of the pool deck and similar items. B. Cross - section views of the pool. C. Cross - section view of scum gutters and skimmers. D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines, circulation and other piping and listing material specifications and size. E. Pool equipment layout, showing location of filters, pumps; chlorinators, chemical feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the dimensions of the filter room, its location, floor drain, sumps and other pertinent information. F. Liquid capacity of the pool. G. Kind, number and size of filters, including the square footage of the filter area in each unit. H. Rated capacity of the filter in gallons per minute. I. Description of chemical feeds for soda ash and alum, if used. J. Type, kind and description of chlorinator to be installed. K. Type and range of testing equipment, including chlorine. L. Source of water supply. 450.04 Construction in Accordance with Approved Plans; Deviation. All swimming pools, appurtenances, water supply and drainage systems, and other features shall be constructed in conformity with the approved plans. For any deviation from such plans, a supplementary plan covering that portion of the work involved shall be filed for approval and shall- conform to the provisions of this Section. 450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the same amount as the fee for a building permit as set forth in Section. 185 of this, Code. 450.06 Construction. The design and construction, as well as all equipment and materials, shall comply with the following requirements: Subd. 1 Structural Design. The pool structure shall be engineered and designed to withstand the expected forces -to which it will be subjected. All non - masonry constructed walls shall be installed in accordance with the manufacturer's specifications. Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by more than eight inches the highest ground elevation abutting the pool walls at any point. In 450-3 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.06 , determining such highest ground elevation, no elevation increases shall be considered that are due to fill placed or grading done in violation of this Subsection. The walls shall be vertical to a depth of three feet from the water level. No right angle projection shall be permitted with exception of steps at the shallow end. Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition point shall not exceed one foot vertical to ten feet horizontal (1:10). The transition point between shallow and deep water shall occur in a water depth of at least five feet, provided that this may be four and one -half feet if a safety line is erected at this point. Where the water is five feet or more in depth, the maximum slope shall not exceed one foot vertically in each three feet horizontally (1:3), provided that the floor slope from the point of maximum depth to the deep end wall may be one foot vertically in each one foot horizontally (1:1). Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be constructed and arranged in such a manner that no splash or overflow water shall return to the pool. No surface or roof drainage shall be permitted to enter the pool. Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or similar light - colored and impermeable surface. The pool floor shall be skid resistant. There shall be a minimum cove or rounded corner of one inch radius or more of the pool floor and wall, or such other interior construction. Where the water depth is less than five feet, the maximum radius or such cove shall be 12 inches. Subd. 6 Handholds. Handholds shall be provided and consist of a bull -nosed coping not over two and one -half inches thick for the outer two inches or an equivalent approved handhold. The handhold shall not be more than nine inches above the normal water line and shall extend around the entire periphery of the pool. Subd. 7. Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around each swimming pool. No deck may be provided for that side of a swimming pool forming a common wall with a residential special purpose pool, where the water depth of both the swimming pool and special purpose pool are less than 54 inches, and where the deck extends around all of those sides of the special purpose pool not sharing a common wall with the swimming pool. The deck shall be constructed above, but not more than nine inches above, the normal water line. The deck area shall be constructed of impervious material, and the surface shall be smooth and easily cleaned and of non -slip construction. The deck shall have a pitch of at least one- fourth inch to the foot, designed so as to prevent back drainage into the pool. If deck drains are provided, drain pipe lines shall be at least four times the cross - sectional area of the drain pipe. The deck drain system shall have indirect connections to the sanitary sewer. The deck drains shall not be connected to the recirculation systems piping. Special features such as waterfalls, a vanishing edge, or other decorative features may occupy a maximum of fifteen feet of deck around a swimming pool. Where the maximum depth of the swimming pool does not exceed 54 inches of water, one side of the swimming pool deck may be obstructed by special features. 450-4 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.06 Except, a deck is not needed around the perimeter of a special purpose pool where the special purpose pool is not located within four feet of a residential swimming pool. A. The pool is accessible from at least one side by a deck. B. The deck is no less than four feet wide as measured perpendicular to the pool side and no less than eight feet long as measured parallel with the pool side. C. The special purpose pool is not located within four feet of a residential swimming pool. D. The deck elevation is no lower than the elevation at the base of the special purpose pool or no more than 9 inches above the normal water line of the special purpose pool." Subd. 8. Entry/Exit. Two or more means of entry /exit shall be provided for all residential swimming pools. At least one entry /exit shall be located on the side of the pool at the deep end and one at the shallow end. The entries /exits shall consist of one or combination of the following: steps, stairs, ladders; step holes, underwater seats, benches and swimouts. Step holes and ladders shall have a handrail on both sides. Underwater seats, benches and swimouts shall be visually set apart. If the pool is designed for use with diving equipment, the underwater seats, benches and swimouts shall be located outside of the required minimum diving water envelope as set forth in American National Standard for Residential Inground Swimming Pools (ANSI/NSPI — 5 2003) a copy of which is on file with the City Clerk. Two means of entry /exit shall be provided at the deep end where the width of the pool exceeds 30 feet. Subd. 9 Diving Area. Minimum depths and area shall be as follows: Deck Intermediate One Meter Level Board Board Board Maximum distance 18 inches 30 inches 39.37 inches above water Minimum water depth 8 feet 8 feet 8.5 feet five feet from tip of driving board Distance of deep 10 feet 11 feet 12 feet point from diving well Distance from deep 10 feet 11 feet 12 feet point to transition point Minimum diving 2.5 feet 2.5 feet 3 feet board overhang Minimum distance 7 feet 7.5 feet 8 feet from side wall to center of board 450-5 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.07 At least 13 feet of free and unobstructed headroom shall be provided above diving boards. One depth marking shall be provided in the deck or the wall of the pool above the high water line indicating the greatest depth in feet. Diving structures shall be securely anchored. Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet except for special purpose pools. Subd 11. Above Ground Swimming Pools; Fill. Except for residential special purpose pools and temporary above ground ,swimming pools allowed by Subsection 450.07, swimming pools that are constructed or erected above ground or are designed. to be constructed on the ground or above the ground are and shall be prohibited. No fill shall be placed or grading done on a property to raise the ground elevation for the purpose: of raising the top elevation. of the pool walls. 450.07 Temporary Above- Ground Swimming, Pools. Temporary above ground swimming pools are permitted subject to the following restrictions: A. Temporary above ground swimming pools shall be removed and stored indoors between October 15 and April 15. B. Temporary above ground swimming pools shall not have 'a" water surface area in excess of 255 square feet and shall not be capable of having a water depth greater than 48 inches. C. Drainage from a temporary above ground swimming pool shall be directed to the sanitary sewer or onto the property where such a pool is located in a manner which prevents runoff onto adjoining properties. Drainage onto a public street or storm sewer system is prohibited. D. Diving boards appurtenant to temporary above ground swimming pools are prohibited. E. Temporary above ground swimming pools shall be equipped with a ring buoy with not less than 15 feet of line attached or a, pole or shepherds crook not less than 10 feet in length. F. Temporary above ground swimming pools are exempt from the requirements of the following Subsections: 450.02 Construction Permit Approval 450.03 Plans to be. Submitted, 450.04 Construction in Accordance with Approved Plans; Deviation, 450.05 Permit Fee, 450.06 Construction except Subd 11 thereof, 450.0.8 Recirculation System, 450.09 Recirculation Pump, 450.10 Pool Piping, 450.11 Recirculating Skimming Device, 450.12 Inlets, 450.13 Outlets, 450.16 Test, 450.19 Safety Rope and Anchors, 450.26 Safety Precautions, and 450.28 Public or Semi - Public Swimming pool and Special Purpose Pool. 450.08 Recirculation System. A recirculation system consisting of pumps, piping, filters, skimmers, valves, and disinfection equipment shall be provided -which will clarify and disinfect 450-6 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.12 the swimming pool water volume in 12 hours or less. The recirculation system components shall comply with NSF International 50, 1985. 450.09 .Recirculation Pump. The recirculating pump shall have sufficient capacity to provide the rated flows of the filter system, without . exceeding the head loss at which the pump will deliver such flows. The pump motor shall not be operated at an overload which exceeds the service factor. The pool pump shall be equipped on the inlet side with an approved hair and lint interceptor. The basket of the interceptor shall be non - corrosive and have openings not larger than one -fourth inch in diameter. _ 450.10 Pool Piping. The pool piping shall be sized to permit the. rated flows for filtering and cleaning without exceeding the maximum head at which the pump will provide such flows. In general, the water velocity in the pool piping should not exceed more than six feet per second. Where velocity is to exceed six feet per second, summary. calculations shall be provided to show that rated flows are possible with the pump and piping provided. The recirculating piping and fittings shall meet the following requirements: Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall be located in accessible positions below the water line. Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the pool structure, shall . be copper, brass, or approved equal tubing with a minimum wall thickness of type 'U'. Subd.3 Pool Piping System. The pool piping system shall be constructed of materials prescribed in the Minnesota State Plumbing Code. Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool piping must be installed by the pool contractor and must be inspected by the Building Official prior to covering the system. 450.11 Recirculating Skimming Device. Recirculating skimming devices shall be provided to skim the surface of the pool, with one unit installed to serve each,pool, and such additional units as may be required, to provide a minimum of one for each,600 square feet of pool water surface or fraction thereof. Recirculating skimmers and pool inlets shall be located so that the pool. inlets assist the skimming action to adequately remove the film on the pool water surface. When pools are irregularly or specially shaped, skimming devices shall be located in each offset. 450.12 Inlets. Adjustable inlets shall be located to produce uniform circulation of water throughout the pool without the existence of dead spots. Subd. 1 Minimum Number. A minimum of two inlets shall be required for each pool, with an additional inlet for each additional 40 lineal feet or fraction thereof of pool periphery over 120 lineal feet. Where automatic skimmers and: skimmer - filter units are used,'inlets shall be installed so as to direct the flow of water in a horizontal plane to the skimming device inlet. The minimum discharge depth of pool inlets shall be ten inches below the pool operation level. When pools are irregularly or specially shaped, additional inlets shall be installed in each offset. . 450-7 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.15 Subd.2 Make -up Water. Suitable facilities for adding make -up water shall be provided. There shall be no physical connection between the water supply line and the pool system. If the make -up water is added directly to the pool, the fill spout shall be at least six inches above the upper rim of the pool. If the make -up water line discharges to a surge or balancing tank, the point of discharge shall be at least six inches above the rim of the tank. If a hose connection from a sill cock or other plumbing fixture is to be used for supplying make -up water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose connection. Any sill cock used for this service shall be located under a diving board or installed in a manner approved by the Sanitarian so as to remove any hazard. Subd.3 Conformance with Minnesota State Plumbing Code. The systems supplying re- circulated water and make -up water to the pool shall be constructed in conformance with the Minnesota State Plumbing Code. 450.13 Outlets. Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying the pool, shall be so located as to provide at least one two suction outlets 'connected in parallel with suction outlet covers at the deepest point in the pool if the pool width does not exceed 20 feet. Outlet covers must meet ASME /ANSI standards. If the pool width is more than 20 feet, multiple outlets one outlet at the deepest point in the pool if the pool width does not exceed 20 feet. If the pool width is more than 20 feet, multiple outlets shall be provided and spaced not more than 20 feet apart, nor more than ten feet from walls. All main outlets shall be equipped with gratings having an area of openings not less than four times the cross- sectional area of the outlet pipe. The gratings shall be designed so that they cannot be readily removed by bathers and will not injure fingers of bathers. Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped with valves and pumps for completely emptying the pool. The discharge of the pool water to the sanitary sewer, or other suitable disposal unit acceptable to the Sanitarian, shall be at a rate not to exceed 250 gallons per minute. No direct connection shall be made to the sanitary sewer. The outlet from the pool recirculation system shall terminate at least six inches above the receptacle connected to the sewer. The drainage system shall be constructed under the supervision of a licensed plumber and in conformance with the provisions of the Minnesota State Plumbing Code. Water drained from the pool shall not be discharged to the sanitary sewer system during periods of rainstorms. 450.14 Heater. Gas -fired swimming pool heaters and swimming pool boilers shall bear the American Gas Association seal of approval. Oil burning equipment shall bear the Underwriters Laboratory seal of approval. 450.15 Water Supply. Water supplies serving all swimming pools shall be of a safe and sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool water supply piping and connection to the source of supply shall be under the supervision of a licensed plumber. 450-8 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.21 450.16 Test. All pool piping and the installation and construction of the pool piping system shall be in accordance with the approved plans. The entire pool piping system shall be tested with an.air test of 50 PSI and proved tight before covering or concealing. 450.17 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall not be used as a disinfecting method for residential swimming pools. Residential swimming pools, public and semi - public pools shall meet the following standards: Subd. 1 Free Chlorine. The free chlorine content shall be maintained between five - tenths (0.5) and three (3.0) parts per million. Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8. Subd.3 Bacteriological Quality. A sample of swimming pool water shall be considered satisfactory when the total bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in a 50 milliliter portion as determined by the :membrane filter method. Procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination` of Water and Waste Water, 13th Edition. (APHA). 450.18 Indicator Kit. An indicator kit, capable of measuring free chlorine residuals in swimming pool water accurate within one -tenth part per million shall be provided. 450.19 Safety Rope and Anchors. A safety rope and anchors shall be provided at the water line when the designed pool operating water level is four and one -half feet or less. 450.20 Electrical Requirements. Subd. 1 Code Conformance. All electrical installations provided for, installed and used in conjunction with a swimming pool shall conform with the provisions of Section 410 of this Code. Subd. 2 Electrical Conductors. No current carrying electrical conductors shall cross a swimming pool, either overhead or underground or within ten feet of a swimming pool except for pool lighting or pool accessories. Subd. 3 Grounding. All metal fences, enclosures or railings near or adjacent to a swimming pool which might become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. 450.21 Operation and Maintenance. No swimming pool shall be used, kept, maintained or operated in the City, if such use, keeping, maintaining or operating shall be the cause of any nuisance or shall be dangerous to fife or detrimental to health. 450.22 Inspection. The Sanitarian shall have authority to inspect any residential swimming pool at any reasonable time during construction and thereafter to determine whether or not the provisions of this Section regarding health, sanitation, operation and safety are being complied 450-9 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.27 with. The Building Official shall have authority to enter upon any premises to inspect work done and installations made under any permit issued pursuant to this Section. 450.23 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged and shielded as to reflect light away from adjoining premises. 450.24 Location. No portion of a swimming pool, except a residential special purpose pool, or any appurtenance shall be located within 10 feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of this Code. No portion of a residential special purpose pool or any appurtenance shall be located within five feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of this Code. 450.25 Fence. All swimming pools shall be completely enclosed by a non - climbing type fence. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be at least four feet in height and shall be constructed of number eleven gauge woven wire mesh corrosion - resistant material, or of other materials approved by the Building Official. All gates shall be equipped with self - closing and self - latching devices placed at the top of the gate or otherwise inaccessible to small children. All fence posts shall be decay or corrosion- resistant and shall be set in concrete bases, or other suitable protection. The openings between the bottom of the fence and the ground or other surface and the openings between the vertical pickets shall not be more than four inches. Except a special purpose pool need not meet the fence requirement provided: A. The special purpose pool is equipped with a safety cover listed in accordance with American Society for Testing and Materials (ASTM) Standard F 1346, "Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs. B. The safety cover is secured and locked in place at all times the special purpose pool is not occupied. 450.26 Safety Precautions. Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one or more throwing buoys not more than 15 inches in diameter and having 60 feet of 3/16 inch Manila line attached, and one or more light but strong poles with blunted ends, not less than 12 feet in length, for making reach assist or rescue. Subd. 2 Diving Board Height. The height of diving boards above the pool water level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may authorize greater diving board heights when it is shown that such increased height will provide an equally safe diving board height - maximum pool depth ratio. 450.27 Other Design and Equipment. Any swimming pool, the design and equipment of which incorporates features other than those set forth in this Section, shall be subject to review and approval by the Sanitarian in accordance with acceptable standards and in conformance with current public health and safety practices. 450.28 Public Pool, Special Purpose Pool and Spa Pool. Subd. 1 Construction and Operation. Any public or semi - public swimming pool or special purpose pool shall be constructed and operated in accordance with Minnesota Statutes 450-10 Supplement 2011 -01 City of Edina Buildings, Construction and Signs 450.28 Section 144.1222 . and the public and semi - public provisions contained in the Minnesota Department of Health Rules 4717.0150 through 4717.3975. Plans to construct a new swimming pool or remodel an existing swimming pool must be submitted to the Minnesota Department of Health for formal plan review and approval prior to any work being done. No person shall construct, alter, remodel, improve or repair a swimming pool without first obtaining required permits from the Building Official: Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy ", is on file in the office of the Clerk and shall remain on file for use and examination by the public. Subd. 3 Official Investigation. The Sanitarian and Building Official may enter upon any premises for the purpose of conducting preconstruction surveys, intermediate construction investigations and operational investigations. Such entries may be made at such times as may be deemed necessary to determine that the facilities are constructed in accordance with approved plans, and maintained and operated in accordance with the requirements of the rules described in this Subsection. Subd. 4 Valid License. No person shall operate or maintain a public or semi- public swimming pool or public or semi public special purpose pool without, having first obtained a valid license issued by the City. The provisions of Section 160-of this Code shall apply to all licenses required by this Subsection and to the holders of such licenses. A. In addition to the applicant's name and address, the applicant for a license shall furnish the address of the premises where the pool is situated or is to be situated. B. The fee for a license required by this Subsection shall be in the amount set forth in Section 185 of this Code. C. Licenses issued pursuant to this Section shall expire on March 31- of each calendar year. D. It shall be the duty of the Sanitarian to enforce the provisions of this Subsection. History: Ord 434 codified 1970; amended by Ord 434 -AI 10- 27 -71, Ord 434 -A2 2 -7 -74, Ord 434 -A3 2- 16 -77, Ord 434 -A4 6- 27 -79, Ord 434 -A5 5- 14 -80, Ord 434 -A6 6- 17 -81, Ord 434 -A7 3- 30-83, Ord 434 -A8 6- 13 -84, Ord 434A -9 8- 14 -85, Ord 434 -A10 5- 13 -87; Ord 2000 -5 5- 16 -00; Ord 2004-13-16-04; Ord. 2006 -6; 12 -5 -06; Ord 2010 -10, 07 -06 -10 Cross Reference: Sections 160, 185, 410, 850 450-11 Supplement 2011 -01 City of Edina Health 740.04 Section 740 - Ventilation of Parking Garages for Multiple Dwellings 740.01 Purpose and Objectives. Subd. 1 Purpose. The purpose of this Section is to \protect the public from unacceptable levels of carbon monoxide in dwelling units. Subd. 2 Objectives. The general objectives, of this Section include the following: A: Prevent carbon monoxide from exceeding the maximum level in dwelling units. B: Monitor carbon monoxide levels periodically. C. Correct and prevent conditions that may allow unacceptable carbon monoxide levels. 740.02 Terms and Definitions. Multiple Dwelling. Any building with three or more dwelling units as defined by Section 850 of the Code. . Parking Garage. An enclosure used for vehicle parking measuring over 1000 square feet in area and capable of being closed off from ambient air. Ventilation System. An.air_exchange system operated by an electric exhaust fan and inlet opening designed to ventilate a parking garage. 740.03 Scope. This section shall be applicable to all multiple dwellings with a wall, floor or ceiling adjacent to a parking garage. 740.04 License Required. No person shall own or operate a parking garage with a wall, floor or ceiling which is adjacent to any multiple dwelling without first obtaining a license from the City. Where more than one parking garage is located on one tract, as defined in Subsection 850.03 of this Code, and the parking garages are owned or under the control of one applicant, one license shall apply to all parking garages located on such tract. Sub.d. 1. License Application. The application for a license under this Section shall be submitted on forms provided by the Clerk. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code. Subd. 2. License Procedure and Control. The provisions of Section 160 of this Code shall apply to all licenses required by this Section and the holders of such licenses. 740-1 Supplement 2001 -01 • City of Edina Health 740.07 Subd. 3. Term. Licenses issued pursuant to this .Section shall expire on January 31 st of each calendar year." Subd. 4. Inspection Fee. An inspection fee for each parking garage, as set forth in Section 185 of this Code,. shall accompany the license application. in lieu of an inspedtio.n. fee-,-.the , en forms pr-evided`-,by the 'l l\, 6LV111V11J 1.1 {ALlllb proof that the lieensed.p�emises are v�eempietei -sand signed by d peFSAff 6rper-S6rr•" •� -v- yhe have Sanitarian their abilit� te-aee4ately'measar-e earben nienexide levels in buildings their ability to evabaati� the,; effeetiven I ess ef,�ventilafi�4 system�.. The submission of ee ti€ie-ate- shall + pr-ehibW the Sai:�t ., fia from entering- and — inspeotin� the Kee set f «tl, :ii co,.t:,,R 740 .6& 740.05 Standards. Subd. 1. Maximum Level of Carbon Monoxide. At no time shall the level of carbon monoxide exceed 10.0 parts per million (ppm) within any dwelling unit, or other area located in a multiple dwelling which is designed or used for residential occupancy. Subd. 2. Ventilation. All components of ventilation systems shall comply with the requirements of the Uniform Mechanical Code and shall at all times be fully operable for the purpose of ventilating the parking garage. 740.06 Inspections and Right of Entry. For the purpose of determining compliance with the provisions of this Section, the Sanitarian is authorized to make inspections at such times as the Sanitarian deems necessary, to determine the, condition of the property and the carbon monoxide level. For the purpose of making such inspections, the Sanitarian is authorized to enter, examine and survey all dwellings, dwelling units, rooms, garages, and premises upon which the same are located at all reasonable times including peak traffic periods. The owner, operator and occupant of every dwelling, dwelling unit, and rooms, shall give the Sanitarian free access to such dwelling, dwelling unit'or room and its premises including parking garages for the purpose of such inspection, examination, and survey. Every occupant of a dwelling unit or rooms shall give the owner of it; or the owner's agent or employee, access to any part of the dwelling unit or its premises, including parking garages, at all reasonable times, for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this Section. 740.07 Enforcement Subd. 1. Notice of Violation. Whenever'the Sanitarian determines that there has been a violation of any one or more provisions of this Section, the Sanitarian shall give notice of such alleged violation to the license holder in person or by registered mail. The notice shall: A. Specify the violation or.violations alleged to exist or to have been committed and the repairs or improvements required to bring the dwelling, dwelling unit or rooms into compliance with the provisions of this Section: 740-2 Supplement 2001 -01 City of Edina Health 740.07 B. Provide a time limit for the correction of the violation or violations specified. If the license holder cannot be found or served after diligent effort, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Sanitarian shall include in the record a statement as to why such posting was necessary. Subd. 2. Imminent Hazard; Temporary Condemnation. Whenever the Sanitarian finds any dwelling, dwelling unit or rooms in a multiple dwelling in violation of the standards established by this Section, and further finds (i) that by reason of such violation it presents an imminent and serious hazard to public health, or to the physical or mental health of the occupants in it, and (ii) that the repairs or improvements required to correct the violation do not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, then the written notice of violation provided for in Subd. 1 of this Subsection shall also state that the premises are unfit for human habitation and shall order that the dwelling, dwelling unit or rooms be vacated either immediately or after such period of time as the Sanitarian shall find reasonable in view of the circumstances, pending the completion of action to eliminate the violation. In such case the notice shall be served by delivering a copy to the person in real or apparent charge and control of the multiple dwelling and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one dwelling unit in a multiple dwelling, service shall be made upon an occupant of each dwelling unit, except that the failure to make service upon an occupant of one unit shall not affect the validity or effect of service of notice upon an occupant of other units. Subd. 3. Failure to Correct Deficiencies. Whenever notice has been given in accordance with Subd. 1 of this Subsection and the license holder has failed to correct the deficiencies specified in Subd. 1 of this Section within the time allowed, the Sanitarian may either: A. Extend the time for correction of the deficiencies, or B. Serve upon the license holder a written notice requiring that the dwelling, dwelling unit, or rooms be vacated because it is unfit for human habitation. Subd. 4. Contents of Notice. The notice shall (i) state the violation or violations which remain uncorrected, and (ii) provide a time limit, within which to vacate the premises. The written extension of time or notice to vacate may be served personally or by registered mail in accordance with the procedures set forth in Subd.1 of this Subsection. Subd. 5. Correction of Violation by City; Assessment of Cost. If the license holder fails to comply, the Sanitarian may proceed to abate or remove the violation and have costs assessed against the property according to procedures set forth in Section 1070 of the City Code. Subd. 6. Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and placarded as such shall 740-3 City of Edina Health 740.07 again be used for human habitation until written approval is secured from, and such placarding is removed by, the Sanitarian. The Sanitarian shall remove such placard whenever the defect or defects upon which the . designation and placarding action were based have been eliminated and the dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this Section. Subd. 7. Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove or obscure any placard posted under the provisions of this Section. History: Ord 1995 -13 adopted 2- 20 -96; amended by Ord. 2000 -6 5 -16 -00 Cross Reference: Section 160, 185, 850, 1070 740-4 Supplement 2001 -01 ok Le ,aae REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VIII.F. From: Debra Mangen City Clerk ® Action ❑ Discussion ❑ Information Date: February 21, 2012 Subject: Resolution No. 2012 -32 Accepting Various Donations J1 ACTION REQUESTED: Adopt Resolution. INFORMATION /BACKGROUND: In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the recipient departments for your consideration. ATTACHMENT: Resolution No. 2012 -32 RESOLUTION NO. 2012 -32 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real City of Edina or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed donations on behalf of its citizens. Edina Art Center Pam Reithirk $20.00 Kathryn Hara $20.00 Kim Pougue $50.00 Edina Police Department: Hennepin County $25,000.00 Dated: February 21, 2012 Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK Cynthia Fleury Crosstown Camera Club $100.00 $286.00 SW Hennepin County Drug Task Force Distribution From Completed Forfeiture Funds Cases James B. Hovland, Mayor I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 21, 2012, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424-1394 day of , www.cityofedina.com City Clerk 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 - 826 -0379 MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL JANUARY 17, 2012 11:54 P.M. ROLLCALL Answering rollcall were Commissioners Bennett, Brindle, Sprague, Swenson and Chair Hovland. MINUTES OF THE REGULAR MEETING OPJANUARY 3. 2012, APPROVED Motion made by Commissioner Swenson and seconded by Commissioner Bennett approving the Minutes of the Regular Meeting of the. Edina Housing and Redevelopment Authority for January 3, 2012. Motion carried on roI Ica II vote - five ayes. EDINA APPROVED Planning Director Teague presented the proposal to expand the existing walkway between the City's parking ramp and Jerry's Hardware Store. He displayed a site map of the subject site, and described the locations of two pedestrian ramps and public access points. Mr. Teague then displayed the proposed building plan to expand the pedestrian bridge /ramp and provide a new rear entrance into the hardware -store accessing the rental and service activities for people brining in lawnmowers or snowblowers. The proponent would pay for the construction and continue its responsibility for maintenance. Since the ramps were located on HRA -owned property, it had the ability to approve or deny this request. The Commissioners discussed the request, noting it would impact one parking space. Motion made by Commissioner Sprague.and seconded by Commissioner Bindle approving the third amendment to the Walkway Easement Agreement between Jerry's Enterprises, Inc. and the City of Edina. Motion carried on rollcall vote —five ayes. WORK.SESSION SCHEDULED The HRA agreed with the suggestion of Commissioner Bennett to schedule anMRA Work Session on February 21, 2012, 4:30 p.m., to discuss its role and function, priorities for the potential'use of Centennial Lakes TIF funds, and whether to consider the formation of an Economic Development Authority. There being no further business on the Edina Housing and Redevelopment Authority Agenda, Chair Hovland declared the meeting adjourned at 12:03 a.m. on January 18, 2012. Respectfully submitted, Scott Neal, Executive Director MINUTES OF CITY OF EDINA, MINNESOTA TRANSPORTATION COMMISSION COUNCIL CHAMBERS January 19, 2.022 - 6:00 P.M. ROLLCALL Answeringiroll call were Members Bass, Bonneville,.Braden; Franzen, Janovy, Nelson, Schold Davis, and Thompson APPROVAL-OF MEETING AGENDA Motion was made by member Braden and seconded by member Nelson aoprovine the meetine aeenda. All voted ave."Motion carried. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 15, 2011 Chair Janovy, noted that the bulleted list on page 2 could be confusing later on because it is missing context. After discussion,. consensus was reached that the minutes should be done in a narrative style, with, context for better understanding. On page 2, last paragraph, delete "showing." Motion was made by member Nelson and seconded by member Thompson to approve the amended minutes. All voted ave. Motion carried. OPROVAL'OF MINUTES - SPECIAL MEETING OF JANUARY 9..2012 age 3, 4th. bulleted paragraph, the sentence in parenthesis was revised as follow: (After additional design, staff expects each residential assessment for the, sidewalk to be $1700. NOTE: this information was determined after the meeting and included here` for clarification). Motion Was made by member Bonneville and seconded by member Franzen to approve the amended minutes. All voted ave. Motion carried. TRAFFIC SAFETY COMMITTEE. REPORT OF JANUARY 4. 2012 Regarding Section.B. I., member Nelson asked which library was being referred to. Assistant city engineer Sullivan said it was the Grandview, Library and that the request was referred to the Planning Commission since this area' is part of the Grandview Small Area Study. Regarding Section B. 2., chair Janovy asked if the requestor is.okay with.the,yegetation being removed since the request was to remove the, "Stop Ahead" sign. Mr. Sullivan said the vegetation is a low hanging branch which is not allowed. by City code; therefore, the best solution is to remove the branch. Regarding Section C. I., chair Janovy asked if the request was for the section of W. 51s` Street behind Lunds and Mr. Sullivan said yes. COMMUNITY COMMENT None. 1 c MINUTES OF CITY OF EDINA, MINNESOTA TRANSPORTATION COMMISSION COUNCIL CHAMBERS January 19, 2.022 - 6:00 P.M. ROLLCALL Answeringiroll call were Members Bass, Bonneville,.Braden; Franzen, Janovy, Nelson, Schold Davis, and Thompson APPROVAL-OF MEETING AGENDA Motion was made by member Braden and seconded by member Nelson aoprovine the meetine aeenda. All voted ave."Motion carried. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 15, 2011 Chair Janovy, noted that the bulleted list on page 2 could be confusing later on because it is missing context. After discussion,. consensus was reached that the minutes should be done in a narrative style, with, context for better understanding. On page 2, last paragraph, delete "showing." Motion was made by member Nelson and seconded by member Thompson to approve the amended minutes. All voted ave. Motion carried. OPROVAL'OF MINUTES - SPECIAL MEETING OF JANUARY 9..2012 age 3, 4th. bulleted paragraph, the sentence in parenthesis was revised as follow: (After additional design, staff expects each residential assessment for the, sidewalk to be $1700. NOTE: this information was determined after the meeting and included here` for clarification). Motion Was made by member Bonneville and seconded by member Franzen to approve the amended minutes. All voted ave. Motion carried. TRAFFIC SAFETY COMMITTEE. REPORT OF JANUARY 4. 2012 Regarding Section.B. I., member Nelson asked which library was being referred to. Assistant city engineer Sullivan said it was the Grandview, Library and that the request was referred to the Planning Commission since this area' is part of the Grandview Small Area Study. Regarding Section B. 2., chair Janovy asked if the requestor is.okay with.the,yegetation being removed since the request was to remove the, "Stop Ahead" sign. Mr. Sullivan said the vegetation is a low hanging branch which is not allowed. by City code; therefore, the best solution is to remove the branch. Regarding Section C. I., chair Janovy asked if the request was for the section of W. 51s` Street behind Lunds and Mr. Sullivan said yes. COMMUNITY COMMENT None. 1 REPORTS /RECOMMENDATIONS TH- 494 /Xerxes Avenue — MnDOT Presentation Mr. Sullivan said this was first brought to the ETC one year ago. He said MnDOT is seeking Municipal Consent from the City for the work to be done on 1 -494 at Xerxes Avenue, including the Xerxes Avenue Bridge. He introduced Scott Pedersen from MnDOT who explained the project. Mr. Pedersen said MnDOT is doing three different projects over three phases and they are: 1 -494 from TH -100 to 24th Avenue; construct auxiliary lanes on westbound 1 -494; and reconstruction of the Xerxes Avenue Bridge. The project letting will be June 8, 2012, and construction will begin August, 2012, and end Fall, 2013. The three phases are: Phase I (August to late Fall, 2012) Construct auxiliary lanes on westbound 1 -494 between Portland Avenue and Nicollet Avenue; and 1 -35 and TH -100. Reconstruct the outside shoulders on both eastbound and westbound of 1 -494. Reconstruct the inside shoulders from 24th Avenue to TH -77, and resurface 1 -494 from 24th Avenue to TH -77. Phase II (Spring to Summer, 2013) Reconstruction of the inside shoulders of 1 -494 from TH -77 to TH -100. Remove guardrail and curb and gutter and replace with concrete barrier. Reconstruct drainage system in median to facilitate modification to the median. Phase III (Summer to Fall, 2013) Resurface 1 -494 between TH -100 and TH -77. Xerxes Avenue Bridge construction will be Fall, 2012, to late Spring, 2013. Mr. Pedersen said issues identified during the City of Edina's open house were proposed typical section under the Xerxes Avenue Bridge; 1 -494 as a managed facility; and access to Xerxes Avenue from 1 -494. Regarding the proposed typical section under the bridge, Mr. Pedersen "MnDOT's 20 year Transportation Improvement Plan and the Metropolitan Council's Transportation Policy Plan [do] not identify expansion of 1 -494" and that "The proposed typical section under the proposed bridge provides for the provision of six lanes in each direction. The only thing not provided by this typical section is the reservation of 26 ft. for future transportation use in the median of 1- 494." He said further that "...it is a reasonable risk to move forward with the proposed design..." and if 1 -494 is to be expanded in the future the bridge will be updated. Regarding 1 -494 as a managed facility, Mr. Pedersen said 1 -494 is identified "...as a Tier II Managed Corridor" and "...[MnDOT] would like to include language as part of the resolution providing municipal consent for the proposed project to reserve the capacity added to 1 -494 for the future conversion to a managed lane." Regarding access to Xerxes Avenue from 1 -494, Mr. Pedersen said the law does not allow access at this time. He said the spacing has to be at least one % mile. Discussion Member Bonneville asked about the clearance for an LRT. Mr. Pedersen said 23 ft. is standard but LRT is not planned for 1 -494. Member Bonneville said he is disappointed they cannot get a westbound access for trucks going north on Xerxes Avenue to the Southdale area as an alternative route to France Avenue. He said the bridge could be enlarged similar to the Penn Avenue Bridge. Mr. Pedersen said besides safety concerns, they are trying to maintain efficiency on 1 -494. Member Nelson asked if there are existing exits less than %: mile. Mr. Pedersen said yes and when improvements are made they are evaluated. Chair Janovy asked Mr. Pedersen to explain Municipal Consent and the process. He said generally there are three iteria: 1) acquisition of ROW (none in this project); 2) modification of access (none in this project); and 3) additional .rapacity to the facility — building auxiliary lanes from northbound 1 -35 to TH -100. He said the process includes a public hearing and probably back to the ETC and then to Council. Mr. Pedersen said the bridge will be widen to maintain the current 4 -lane, add turn lanes, provide 6 ft shoulders on both sides, and 10 ft sidewalk on both sides of the bridge which can be used as bicycle facility later on (designated by the County as bike route). He said the bike lane will not be striped until there is an approaching bike lane. Mr. Sullivan said it is expected this will go before Council in April and requested a response from the ETC to Council either by motion or comments in the minutes. Mr. Houle said with the TH -169 Municipal Consent, he does not believe a public hearing was held. He asked for confirmation that there is no cost sharing for Edina and Mr. Pedersen said only if pedestrian lighting is needed and he is not aware of any at this time. Mr. Houle asked that staff be allowed to determine if a public hearing is necessary and who would be hosting it. The comments from the public hearing would be brought back to the ETC and the ETC would make a final recommendation to the Council. He said the timeline would be February to March and Municipal Consent in April. Member Bass asked if there is a median island on the northern side of the intersection to provide pedestrian refuge and could this be added if not currently included. Mr. Pedersen said one on the northern side at Edinborough Way and a 6 ft median is proposed for the south side, which is not much refuge. Mr. Houle recommended taking a look at their design plan and considers incorporating a refuge and possibly a duratherm crosswalk. Mr. Houle said this may add minimal cost to the City. France Avenue Pedestrian Bridge Re- scoping in recapping events to date, Mr. Sullivan said the City received a federal grant of $1M for a pedestrian bridge over France Avenue at 72nd Street. He said the Council and ETC has asked staff to take a step back to see if the funds could be applied to at -grade crossing and bicycle enhancements for pedestrians for the corridor. He said Mr. Chuck Rickart of WSB & Associates has been writing a re -scope of the project. Mr. Rickart said WSB & Associates was retained to look at a scope change and the sunset date for the project. The sunset date for the funds is March 31, 2012. He said the Council would like to expand the scope to look at the entire corridor from Minnesota Drive to W. 66th Street. He explained that the funding application was in 2007 with approval in 2008, and the City set aside $1M in the CIP for 2011 for the project. In addition to Council's and ETC's concerns with the overpass, a study of the corridor by Hennepin County, in conjunction with the City, in 2009, identified "other" improvements that could be implemented instead of an overpass. Mr. Rickart said the current approved proposal is as follow: Construction of a Pedestrian and Bicycle Bridge over France Avenue in the vicinity of W. 72nd Street to provide a safe and efficient connection between the commercial, retail and offices east of France Avenue with the residential neighborhoods west of France Avenue; approximately 6000 ft. of 10 ft. wide bituminous trail, trail lighting, landscaping, benches and signing. He said they are seeking a sunset date extension and a scope change with the sunset date extension of one year being the more critical of the two. He said certain requirements such as approvals of environmental documents; right -of -way certificate; MnDOT plans; and letting the project within 90 days of the sunset date must be met for the extension to be granted. Additionally, they must show progress has been made on the project to date; give unique reasons why - xtension is needed; and demonstrate that the project can be completed within the year. He said the process includes a view and concurrence by MnDOT and then to the Met Council TAC Funding and Programming Committee for review and approval. Continuing, Mr. Rickart said examples of progress made to date are adjacent property owners are aware of the project and preliminary ROW discussions have been completed; and Hennepin County and the City completed a corridor study evaluating potential optional pedestrian accommodations. He listed some unique reasons for the extension as Council, ETC and BETF review of the proposal and concern with overpass versus at -grade crossing; concern over the need and effectiveness of a pedestrian bridge in this location; new state, county and city emphasis on Complete Streets; and Council's and ETC's decision to proceed with a study of at -grade options. Mr. Rickart said the project can be completed within one year and the schedule would be June, 2012: Environmental Document; October, 2012: ROW; August, 2012: Final Plan approved; November, 2012: Bidding; and Spring, 2013: Construction. In reference to the scope change, Mr. Rickart said the requirements are that new elements must be eligible for funding; no additional funding will be provided; provide complete project description, location map, new project layout, list of work to be completed, revised project cost estimate, and updated responses to key criteria from original submittal. The process is the same for the sunset date extension. Mr. Rickart said the new project description is as follow: Construction of pedestrian and bicycle connections across France Avenue between Minnesota Drive and W. 66th Street to provide a safe and efficient connection between the commercial, retail and offices east of France Avenue with the residential neighborhoods west of France Avenue. Construction of intersection enhancements include: median refuge island with pedestrian push buttons; APS pedestrian signals with countdown timers; enhanced crosswalks; enhanced pedestrian corner treatments; and landscaped medians. Approximately 6000 ft. of bituminous trail or sidewalk; and trail lighting, landscaping, benches and signing. Mr. Rickart showed a layout of the proposed intersection changes and the pedestrian /bicycle framework. He said the total cost for the current proposal was $2,090,000, and the cost for the revised proposal is $2,045,000, not including ROW cost. In conclusion, Mr. Rickart said the schedule for requesting the sunset date extension and scope change is: Janunary 27 — submittal to MnDOT, February 3 — submittal to Met Council TAC F &P; February 16 — Met Council TAC F &P meeting; and if approved, the new sunset date will be March 31, 2013. Mr. Rickart asked that commissioners review the draft handout and send comments by next Wednesday via email to staff. Discussion Member Braden, an employee of the Met Council, said it is really important to make the case that the pedestrian crossing bridge does not meet the needs of the corridor and that having two or three at -grade intersections is more financially feasible, and also to emphasize the recently completed W. 70th Street intersection as a priority. Member Bonneville said since asking for reduced funds, this could probably be shown as-one of the priorities and that conditions have changed regarding the City's needs. Chair Janovy said there is no sidewalk on the eastside and asked Mr. Rickart what is the balance. He said the 6000 ft. of trail is primarily for the eastside. She said the entire project could probably be completed with the monies available. City Engineer Houle said he believes the CIP does have more than $1M set aside and will report back on the exact amount. She asked if there were any concerns about over - reaching if all nine intersections were done versus only doing four. Mr. Rickart said by doing only four they would be able to focus pedestrians to those intersections. Chair Janovy said there has been a host of changes within the past few years that seem to support at -grade crossings, including a 2009 Access to Transit Study that looks at France Avenue and recommended at -grade crossing. She suggested including this. 2012 ETC Priorities lair Janovy said the top three priorities as discussed previously are Living Streets, France Avenue /Greater Southdale Area Pedestrian/Transit /Bike Improvements, and Safe Routes;to School — High School Traffic (Valley View between Antrim and Gleason). Other ongoing priorities are Capital Improvement..Projects; Transportation Options Working Group, Review TSC Reports. A. carry. -over, from 2011 is. TLC Bike Boulevard and from 2010, is TIA/TDM /Zoning Code Update. Additionally, chair Janovy said she will be meeting tomorrow morning.,with the chair of the Planning Commission, Director Teague, City Engineer Houle and Assistant City Engineer Sullivan; to discuss Transportation Impact Analysis for redevelopment which the ETC passed on to the Planning Commission last year. Motion was made by member Thompson and seconded. by member'Nelson to approve the 2012 Priorities. All voted ave. Motion carried. ETC Meeting Schedule for 2012 Chair - Janovy said they are to sign off on the meeting schedule and'attendance would be, based on this schedule, plus, there. could be work sessions with the Council that would be required meetings. She'said a Council member suggested that they meet the first Thursday of the month. It was noted, that the current schedule is what everyone have planned for and new members being interviewed have been told this schedule. A 7 p.m. start time was suggested- instead of 6 p.m. Mr. Sullivan said a change could create meeting room conflicts which could be worked out., Member Bass suggested making the decision in 2012 for implementation in 2013. Most commissioners were okay with the current meeting schedule but were also flexible to a new schedule. The October 18 meeting was rescheduled for October 25 because it conflicts with a school holiday. otion was made by member Nelson and seconded by member Franzen to approve the meeting schedule as the 3`d i "hursday of the month at 6 p.m., except for the October meeting which is scheduled for the 4th Thursday. UPDATES Student Members Chair Janovy said student member Housh has resigned. Transportation Options Working Group Member Schold Davis said since this is her last ETC meeting she still needs to figure out how she will continue on as the chair of, this group. She said there is a grassroots community group that began meeting before the Transportation Options Working Group and they are working on gathering, information about the Independent Transportation Network and will be creating a proposal. The two groups will meet eventually. Chair Janovy said she has not received the final bylaws but it allows member Schold Davis to be a co -chair with a current ETC member. Member Schold Davis said she would continue on as co- chair. The other co -chair will be selected at a future meeting. Bike Edina Task Force Update Chair Janovy said they had two guests from Do.Town at their meeting to talk about.their purpose and how they can work with the BETF. Grandview Small Area Study Update ember Nelson said the group is meeting tonight to get final steering committee approval. He said residents can comment at www.edinacitizenengagement.org. Public comments will begin January 25 on the draft plan. The plan will be presented to the Planning Commission in February and April 14 to the Council. LIVING STREETS WORKING GROUP Member Bass said the Policy Development workshop is scheduled for February 15. She said a list of potential participants has been generated and invitations will go out tomorrow. The morning session will include Introduction to Living Streets and a discussion on how it may look locally, and the afternoon session will be focused on developing policy language. The instructors are Ryan Snyder and Tom Vonschnieder. A session will be held the evening before, 7 -8:30 p.m., at the Edina Community Center, and it will be open to anyone who is interested in learning more about Living Streets. Community Organizer, Katie Myer, with Do.Town, said her role is to meet with members of the community to create a dialogue and most recently she has been promoting the Living Streets Workshop. CORRESPONDENCE AND PETITIONS None. CHAIR AND COMMISSION MEMBER COMMENTS Chair Janovy thanked members Bonneville and Schold Davis for serving on the commission. Member Bonneville thanked everyone for their support. Member Schold Davis will continue to serve on the Transportation Options Working Group. STAFF COMMENTS Mr. Sullivan said the Council approved the following requests for funding at their last meeting: • Tracy Ave and Crosstown Interchange The state legislature will be approving $10M for local road improvements to be dispersed in $500,000 increments and the City will be applying for funds by February 3. • France Avenue and Crosstown Interchange Hennepin County is applying for the same funds for realignment revisions to the France Avenue and Crosstown interchange. • Bike Boulevard Alliant Engineering is to start the feasibility study and final documents. ADJOURNMENT Meeting adjourned at 8:05 p.m. ATTACHMENT Attendance Spreadsheet TRANSPORTATION COMMISSION NAME TERM J F MI A I M I J I J I A I S O 1 N I D I Work Session Work Session # of Mtgs. rAttendance % Meetings/Work Sessions 1 1 enter date) enter date Bass, Katherine 2/1/20141 1 Regular Meeting w /Quorum 1 1 Regular Meeting w/o Quorum 1 1 Joint Work Session 1 1 Rescheduled Meeting' 1 1 Cancelled Meeting 1` 1000/6 Braden, Ann 2/1/2014 1 1 100% Franzen, Nathan 2/1/2013 1 1 ... 100% ._ er, Su rya 2/1/2015 0 #DIVIO! Janovy, Jennifer 2/1/2014 1 1' 100% LaForce, Tom 2/1/2015 0 06IV /0! Nelson, Paul 2/1/2013 1 1._ °' _ 100 0/0 - .... Schweiger, Steven student 0- 0%_ Thompson, Michael 2/1/2013 1 1_ Whited, Courtney 2/1/2015 0 #DIV 101 _ VACANT student Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w /Quorum Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Regular Meeting w/o Quorum Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Joint Work Session Type "1" under "Work Session" on the meetings' line. Type "1" under "Work Session" for each attending member. Rescheduled Meeting' Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Cancelled Meeting Type "1" under the month on the meetings' line. Type "1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. 'A rescheduled meeting occurs when members are notified of a new meeting date /time at a prior meeting. If shorter notice is given, the previously- scheduled meeting is considered to have been cancelled and replaced with a special meeting. NOTES: MINUTES OF THE MEETING OF THE PARK BOARD HELD AT CITY HALL JANUARY 10, 2012 7:00 PM L CALL TO ORDER Chair Hulbert called the meeting to order at 7:01 pm II. ROLLCALL Answering roll call were Members Peterson, Deeds, Steel, Hulbert, Fronek, Segreto, Lough, Neville, Weicht. Member Jones entered the meeting at 7:03 pm III. APPROVAL OFMEETINGAGENDA Member Peterson made a motion, seconded by Member Deeds, approving the meeting agenda. Ayes: Peterson, Deeds, Steel, Hulbert, Fronek, Segreto, Lough, Jones Motion carried. IV. ADOPTION OF CONSENT AGENDA Member Peterson made a motion, seconded by Member Deeds approving the consent agenda as follows: W.A. Approval of Minutes —Regular Meeting of Monday, November 7, 2011 Member Steel stated she has a correction to minutes. She noted that she was the one who chaired the December 13, 2011 Park Board meeting. Ayes: Peterson, Deeds, Steel, Hulbert, Fronek, Segreto, Lough, Jones Motion carried. V. COMMUNITY COMMENT None VI. REPORTS /RECOMMENDATIONS VIA. Edinboro ugh Park Study Results and Recommendations Ms. Kattreh handed out a list of questions she put together that were captured from the Park Board and City Council's work session. Mr. Keprios indicated that Karen Kurt and he added a few more to the list for the Park Board to review. He stated that between staff and the consultants they are going to work towards getting the answers to those questions. Mr. Keprios asked the Park Board if there were any additional questions they would like to have answered. He stated that it sounds like another joint work session with the City Council will be scheduled in March. Chair Hulbert asked if the Park Board ever saw the RFP before it went out like they did with the golf course RFP because he doesn't remember going through that process. Mr. Keprios explained the way the process worked is he was asked by the City Manager to get collective thoughts of what was being handed to them from the City Council and put together the RFP. He noted when he delivered it to the City Manager he asked if they needed to run the RFP through the process and have the Park Board and City Council approve it. He stated that the City Manager told him he thought the RFP captured the essence of what the City Council wanted and he made the decision to go ahead and send it out. Member Peterson indicated that if the pool is taken away and there are some senior citizens living there who use it what could be done to give them other activities. He noted that he wants to be sure they still feel they are part of a community in terms of programming and in terms of their interests. He commented that he thinks that could help reduce the tension of the possible closing of the pool. Member Deeds asked Mr. Keprios when he would like to see a decision and a strategy going forward. Mr. Keprios replied that would be a better question for City Council as this is a City Council driven initiative. He stated it is his understanding the City Council would like a follow -up joint session with the Park Board sometime in March. He indicated that he would encourage the Park Board to hopefully go in there of one mind with some well thought out recommendations of what you think the direction ought to be such as: what is the real mission for Edinborough; what direction should it head; what kind of subsidy do you feel should be acceptable, if any; what do you feel is important to the community and what does the facility mean to Edina. He commented if the Park Board has these discussions then the rest of the answers will hopefully fall into place. Member Jones stated that she was seriously disappointed with the report that was given to them for their work session. She noted they should expect the next report to be at a higher level. She pointed out it was poorly written, many misspellings and typos as well as incomplete sentences. She added that the spreadsheet contained inaccuracies in the capital improvement plan numbers which really makes her question the validity of the entire report. Member Jones pointed out that in the RFP they specifically asked the consultants to talk about the land north of the park as well as would expanding the facility be feasible for that park area and what amenities would you recommend adding as well as would that expansion improve profitability. She stated she would request that be included and remind them that was part of the original RFP. Member Jones also pointed out that she had trouble with their market analysis; their primary service area definition was for a 20 mile radius. She stated she feels that is without foundation and that the report wastes approximately 30 pages on overly broad publicly available demographic data for the 20 mile radius service area. In addition, it also doesn't make any distinction between recurring regular users of Edinborough from the immediate area to the occasional user from the broader geographic area. She stated that based on play park season pass sales the vast majority of the regular users come from less than 10 miles so she doesn't understand where they were coming from for their market analysis being so broad. Lastly, she pointed out that the report also uses National Recreation data and inappropriately applies them to their local market. Member Peterson indicated that he thinks it's important to keep Adventure Peak and the new soft play area together. He noted it may be worthwhile to see if Southdale would have something available; it could be a municipal /private deal and it would also help solve the parking issue. Member Peterson stated that if the aspect of Adventure Peak and the soft play area were taken away from Edinborough then Edinborough Park could be like a regular neighborhood park. He added they could have band concerts available which would draw residents of the condos as well as all Edina residents. Mr. Keprios stated that he would propose the Park Board look at the questions they've handed out and let him know if there are any additional questions for staff or the consultants to study. He noted he would be happy to put this back on the February agenda for another follow -up before the next work session with the City Council in March. VI.B. 2012 Work Plan Mr. Keprios informed the Park Board that the "Work Plan" he put together is just a draft. There are a few items that could easily be moved around. He noted that some of the things are standard such as the fees and charges and capital improvement plan, which could possibly be moved one way or another, but fees and charges typically take place in October. 2 Mr. Keprios informed the Park Board that the policy manual he referenced would probably take place in July and it is something new. He explained it is something staff has put together and contains mostly procedural policy items for how they run the day to day business. He noted, however, as he started to look through it there are some policy decisions that he thinks the Park Board should weigh in on and make a recommendation to the City Council. Member Peterson made a motion, seconded by Member Fronek approving the Work Plan with the following changes: • Move the Edinborough Park Study results to their work session with the City Council in March. • Move the Highlands Park Edina Soccer Association proposal to March. • Move the Wooddale Park Edina Lacrosse Association proposal to April. • Move the Donation and Naming Working Group recommendations to April. • Put the Grandview Plan on the March agenda. Ayes: Peterson, Deeds, Steel, Hulbert, Fronek, Segreto, Lough, Jones Motion carried. Member Deeds asked the Park Board if it would make sense to put together a subcommittee or small task force together to begin looking at the Senior Center. He noted this way there can be some ground work done before it is discussed at the June meeting. It was decided Member Deeds will head up the subcommittee with the help of Member Segreto. Member Lough suggested as soon as staff or the Chair know about an addition to the schedule that you communicate via e-mail to the members. He stated that way they don't have to wait until the Friday before to send out the agenda and background material. VI. C. Set Special Meeting Date for Hornet's Nest at Braemar Arena Mr. Keprios informed the Park Board that the Hockey Alumni Group is proposing a pretty significant exciting project for Braemar Arena. He noted it includes permanent varsity and junior varsity locker rooms for both boys and girls. It also would include some space that would be leased to private organizations; it would include dry land training for hockey as well as a pro shop and restaurant. He pointed out there are some pretty significant donors lined up and they are prepared to make a proposal to the Park Board. He explained they would prefer not to wait until the February Park Board meeting since there is already a full plate for February's agenda. Mr. Keprios stated from a staff standpoint they support it and recommend the Park Board accepts their request. The Park Board discussed which date would work for the majority of the Park Board members to hold the special meeting. Member Jones made a motion, seconded by Chair Hulbert, to hold a special meeting regarding Braemar Arena on Monday, January 23'd at 7:00 pm Ayes: Peterson, Deeds, Hulbert, Fronek, Segreto, Lough, Jones Nays: Steel Motion carried. VI.D. Donations Policy & Naming of Parks and Facilities Policy Working Group Update — Ellen Jones, Edina Park Board Member Jones informed the Park Board that they are moving along and thinks it will be completed by February. 3 VIE. User Fee Working Group Update — Keeya Steel, Vice Chair Edina Park Board Member Steel informed the Park Board they have determined what is available to them as far as cost analysis and they are writing up their recommendations focusing on the athletic associations. She indicated the working group would like more athletic association feedback on their recommendations and have a discussion with them on what they think. She asked if they should have that discussion or is it something to wait and have in front of the Park Board. Mr. Keprios responded if you want the athletic associations to work with you to establish policy then he would do it outside of the Park Board. If you want to set a policy and tell them this is the way it's going to be then he would have it at a Park Board meeting. VI. F. Grandview Plan Update —Ellen Jones, Edina Park Board Member Jones showed the Park Board a draft of the Grandview Plan with the concept drawings of visions. She noted it shows a 30 year time frame of how the area may grow and develop. She added that obviously the City doesn't own all of the pieces of property shown. She noted you can find all of the reports and access the draft of this plan at " edinacitizenengagement .org /Grandview / ". She noted at the website you can also review the public process as it has been to date as well as the next step in the public review process and you can join the blog. . Member Deeds indicated that he is trying to get a sense of scale on the community center. Member Jones replied the plans are more framework than actual plans. She indicated that she thinks the small area plan would appreciate having advice on what the city would need and what programming would be appropriate. She noted they could also look at whether or not they could consolidate some of their other functions to more efficiently utilize city funds to programs for people. Member Jones suggested that the Park Board create a working group to look into what the programming aspect of their community building would be and advise the small area plan. Member Steel commented that as far as programs and services she thinks they need a comprehensive look at the city and not just one entity. She added that she doesn't know if this is just a Park Board issue. Member Jones replied she agrees and thinks they need to have a very broad scope to look at how this would be utilized and to make it successful they would need to really look at all of their current services. Mr. Keprios replied from a staff standpoint if they are going to discuss this in March then he thinks the Park Board should weigh in on it. He stated that in his opinion it shouldn't be a solution looking for a need. They need to find out what the needs and desires are first. Mr. Keprios suggested that we should take this one step further than a working group. He thinks they will need to hire a professional firm to do focus groups and studies and identify what the unmet needs and desires in the community are. He stated if they are going to look at a community center they need to identify what the needs are and he doesn't think a working group is going to have the resources to do that. Member Jones commented that the process so far has been very open and transparent and if they were to hire a group to do surveys she wants to be sure they keep that same process. She would also like to make sure they keep their involvement in it somehow. VII. CORRESPONDENCE AND PETITIONS None VIII. CHAIR AND BOARD MEMBER COMMENTS Chair Hulbert thanked Members Fronek and Lough for their years of time and service; they all appreciate it very much. Member Deeds indicated that for an inner -ring suburb like Edina amenities are critical and the only thing that distinguishes them and keeps the property values up is the education system and the amenities; that 4 is why people live here. He pointed out that he thinks they need to develop a long -term vision because coming at it from the outside it looks like they've had a lot of haphazard development to some degree that's grown over the years. He noted there is very little space left in the city and they have things spread all over in very small pieces. He stated that as a Park Board he thinks they need to take a serious strategic perspective thinking about what the amenity needs of the community are going to be over the next 10, 20, 30 years. He noted that they need to move forward and figure out how they can stay at the top of the list as a desirable community for people to live in. Therefore, they need to think more strategically at a little larger picture than they do. IX. STAFF COMMENTS Mr. Keprios stated that he would also like to thank Members Fronek and Lough for their great service. He added that the City Council will be appropriately recognizing both members at the annual Board and Commission meeting in March. Mr. Keprios informed the Park Board that their outdoor ice rinks have been open with the exception of the past two days. He indicated that staff has done a phenomenal job with the outdoor rinks. They have even gone the extra mile and have gone to the local indoor ice arenas to get their ice shavings to pack along the boards to try to maintain some of the ice. Chair Hulbert added he has been very impressed with the quality of ice and still being able to skate. Mr. Keprios informed the Park Board they had their Winter Ice Festival at Centennial Lakes and Mr. Shirley and Ms. Knollmaier did a fabulous job. Mr. Keprios informed the Park Board that they opened the executive golf course at Braemar today and charged $10.00 around and filled every tee time. In addition, he also saw some people playing tennis at Utley Park. Meeting adjourned at 8:17 pm 5 MINUTES OF THE SPECIAL MEETING OF THE PARK BOARD HELD AT CITY HALL JANUARY 23, 2012 7:00 PM L CALL TO ORDER Chair Hulbert called the meeting to order at 7:03 pm II. ROLLCALL Answering roll call were Members Peterson, Deeds, Hulbert, Fronek, Segreto, Jones III. APPROVAL OF MEETING AGENDA Member Peterson made a motion, seconded by Member Fronek, approving the meeting agenda. Ayes: Peterson, Deeds, Hulbert, Fronek, Segreto, Jones Motion carried. IV. COMMUNITY COMMENT None V. REPORTS /RECOMMENDATIONS VIA. Hornet's Nest at Braemar Arena Proposal Eric Anderson, 6501 Indian Hills Road, introduced the following board members from the "Drive for the Hive — The Hornet's Nest " that were present: Marty Nanne, Greg Dombach, John Foust, Bill Brauer, Steve Brown and Lenore Everson. He gave a presentation to the Park Board and presented a proposal to build a two -story building addition just to the North of Braemar West Arena. The building would include permanent locker room facilities for both Boys and Girls Varsity and Junior Varsity hockey teams as well as it would include a space for a training facility, a pro shop retail store, and a quick serve restaurant. Member Peterson asked if there was anything they wanted to add but didn't because of expenses. Mr. Anderson replied in terms of the locker rooms and training facility he would say no. Member Deeds stated that he appreciates the board's community spirit in willing to try to get something done. He indicated that he is from San Diego where hockey is not as big and he sees hockey as any other High School sport. He noted this is a School District activity and asked where the School District is in this. Mr. Anderson replied the way he thinks the School District would answer that is in times like we have right now certainly communities need to try to figure out ways to collaboratively put some things together. He noted that they have talked to the School Board and they are in full support of the project, they just don't have the money to contribute. He explained that is how and why they, as community members, are trying to come up with private donations and include private business leases in the project to help pay the capital debt. Member Deeds asked just to be clear on the details the basic deal is a $1,000,000 contribution from a 501 C3 and the City puts up $3,000,000, the land and bears the risk. In addition, if there are any shortfalls it will be made up out of City funds. Mr. Anderson replied they are trying to put together a $1,000,000 private contribution and are asking the City to provide a $3,000,000 bond and that the land be donated as well. Member Deeds asked but it will become part of the overall operating costs. For example, if the retail space only rents for half of what you expect the shortfall falls on the Parks and Recreation Department budget and becomes part of the overall operating costs of Braemar. Mr. Anderson replied that he thinks what they are going to find is that they are going to have to get the leases done prior to getting the funds so they don't have those kind of shortfalls. However, at the end of the day, the City does have some risk. Member Deeds indicated they were shown a lot of community School District based facilities. He asked is it tradition that cities buy hockey facilities for the High Schools or did those come from the School Districts. Mr. Anderson replied he is not an expert on all of the facilities that are out there. However, if you go to all of the communities that are around by and large a lot of those were done by the cities themselves. Mr. Anderson pointed out that what they are looking at here is a partnership of public and private so it is a little bit different than what has been done in the past. Member Deeds stated as this moves forward he would like to try to get an understanding on what the tradition is in all of this. Member Deeds asked as far as the 501C3 is concerned is it set up and does it have commitments at this point. Mr. Anderson replied they've established "Drive for the Hive ", which is a 5010 and they do not have commitments in a bank account; however, they have had verbal commitments from several donors that total approximately $275,000 out of the million dollars that they intend to raise. Member Jones stated that given the City's widespread participation and proven excellence in hockey and the City stated goal of offering premier parks and recreational facilities she is extremely interested in carefully examining the proposal. She wants to first show her appreciation to the entire group that has brought this proposal forward in a time where the City is contending with serious budgetary constraints and reductions it is both inspiring and helpful to have people willing to give their time, talents and money to make Edina a better place. Member Jones indicated our goals are stated in the Comprehensive Plan Chapter 9, page 45. They are: 1. For each of Edina's enterprise facilities, provide recreational opportunities that are accessible and affordable to primarily, but not exclusively, Edina residents and yet remain competitively priced in the Twin Cities area. 2. Provide fee -based revenue generating recreation enterprise facilities that collectively cover all facility and program expenses, including capital improvements, land purchase and all operating expenses." She indicated that last year Braemar Arena had revenues of $1,349,000 and expenses of $1,654,000 therefore operating at a loss of $306,000 to which the cost recovery was 82% of its operating budget. She pointed out that City expenditures going to the arena also include capital improvement plan projects funded by the City's construction fund. Also plan projects already approved in the five year plan average $138,000 a year for the next five years. Additionally, the arena carries a debt of $3,471,000 with 20 years left on that debt and the arena currently makes an annual debt payment of about $173,000. She pointed out that given all of these current budget items if this year is similar to last year the arena will cost the City approximately $617,000 more than it brings in. This is nowhere near the financial goals set forth in the comprehensive plan. She stated that she wants to be clear that she does not think that the arena itself needs to recover 100% of its operating costs but the current flow of the City money to skaters past, present and future of the arena is not justifiable. She indicated that she must consider this proposal as it integrates into the bigger question, how can Edina maintain and update Braemar Arena to meet the premier standards that Edina residents expect while being financial responsible. Member Jones indicated that she agrees the locker rooms are outdated, undersized and quite honestly disgraceful. She asked Mr. Anderson if they have considered remodeling that end of the arena so that the remodel project would include improvements to the arena. Mr. Anderson replied they did but discovered the cost would exceed what the cost of a new facility would be. 2 Mr. Anderson informed the Park Board that one of the things they think the project will be able to do is generate increased revenue for Braemar Arena. Susie Miller, Manager of Braemar Arena, explained where they foresee generating additional revenue is during the offseason. Currently Edina residents are traveling to neighboring communities because they are able to get dry land training and ice time in one area. Chair Hulbert commented that last year they missed out on a hockey camp and asked how big the camp was. Ms. Miller replied it was approximately $23,000 in revenue but it was a hockey camp that also wanted access to dry land training. Chair Hulbert asked are there other people that run camps that would want to run their camps at Braemar or would we be running camps of our own. Ms. Miller replied Braemar would lease the area to someone that is highly respected within the hockey community and where they would see the benefit is with the ice sales and possibly concessions, things like that. Mr. Anderson added that some of the potential lessees will be folks like VeloCity Ice Center in Eden Prairie, who run a training facility, as well as AAA hockey teams. He noted that AAA hockey teams play all summer long and what they want is to be able to have an ice sheet and a training facility under one roof. Member Fronek asked say the "Drive for the Hive" raises the money and the structure is built would it be run by the City or what kind of management structure are they looking at. Ms. Miller responded that they would manage the lease but that the lessee would run the dry land training component. Mr. Anderson explained if they were to lease it out to someone like VeloCity they would be signing a triple net lease which means they are not only going to be responsible for the base rent but they would be responsible for their pro rata share of the operating expenses as well as any taxes that may be associated with it. He pointed out from an expense perspective the City would get back approximately 98% to 99% of what the expenses are associated with those tenants. Member Fronek asked how they envision access for the High School teams. Mr. Anderson replied the High School teams will have access to lower level locker rooms and will be a paying tenant just like everyone else on the upper level. He explained that is what the private donation is about. Also, the operating expenses that are associated with that would be made up through the cash flow projections and that money would go back to contribute to the ongoing operating expenses. Member Fronek stated obviously there would be some sort of priority access for the High School teams to which Mr. Anderson replied yes. Chair Hulbert asked; "What is a quick serve restaurant ?" Mr. Anderson explained a good example would be a "Noodles and Company ". It's not a white linen sit down restaurant but it's not a McDonalds either. Chair Hulbert asked if there would be wine or beer. Mr. Anderson replied being that it is a collaborative process they would need to work through that. He stated they could then charge more rent for it but he also understands in the City of Edina there are certain rules and regulations. Chair Hulbert asked how the project compares to the other schools that have locker rooms and training facilities. Mr. Anderson responded he would say it's comparable to what Minnetonka has in terms of size; it's four locker rooms with a training facility above and has a little bit of retail. Chair Hulbert asked do they run their own dry land and training facility or do they use a third party. Mr. Anderson replied he does not know the answer to that. Chair Hulbert commented that he did go and look at the locker rooms and they almost look like they should be condemned, some of them are pretty bad. Chair Hulbert commented that one of the beauties of Braemar Ice Arena is when you go in the front door you have immediate access to the three ice arenas and the concession stand, it flows very well. He indicated that he was wondering, like Member Jones stated, that the community's appetite might be greater for this project if you put it on the south end of the west arena even if the cost was greater. He noted you could renovate the old locker rooms that are down there and still have the grand entrance. Mr. Anderson replied that as a board they are open to working through a collaborative process to try and figure out the best way to do it. He added if they go through the collaborative process and find out that it's economical to put locker rooms down in that area then it would be something they would explore. He noted they are happy to explore what those alternatives are and be as open as they can in terms of this is exactly what we see and why we see it that way. Mr. Anderson pointed out that he will tell you a retailer would be very averse to going inside the lobby of Braemar Arena because there is no visibility there. Where it is located on the drawing there is visibility from Highway 169 and noted that it could also serve the people who play at those baseball and soccer fields. Member Deeds indicated on the number side of things it's nicely formatted and it put together well but it's a trust statement. There is no documentation to back up any of it. He asked if the furnishings, fixtures, weight training facility, etc., were covered in the $125.00. Mr. Anderson replied yes, those items are included in the $125.00 per square foot. He commented that they do have a line item break down done by Kraus Anderson which he would be happy to share. He explained as far as the weight training facility they would essentially be providing a shell. The lessee would be signing a ten year triple net lease in which they would be responsible for bringing in their own weight equipment. Member Deeds commented on the revenue estimate side of things they don't appear overly conservative. He stated in going forward he would encourage the board to take things apart, he likes to see ranges. Show a best case and a worst case expected kind of thing that begins to explain the assumptions underneath it, what is the potential shortfall because if it comes up short the City is on the hook. He added if you were going anywhere near a bank for a loan this isn't going to cut it. Mr. Anderson replied without a question a bank would be asking them for a lot of different things and he would expect that. Member Deeds asked what is the board looking for that moves this forward. Mr. Anderson replied it's a collaborative process and this board has spent the last 14 to 18 months to get to this point. He noted they are certainly willing to roll up their sleeves and work where they need to work so the question would be what does the Park Board need from them in order to move forward. Member Deeds replied to be completely honest a conversation with the School District. He stated he recognizes the need but the question is, is this solely the City's responsibility. He noted that he thinks it's fantastic what the board is doing but the School District is facing the exact same economic situation that the City is facing. The School District has the exact same challenges and economic environment as the City and therefore before they move too much forward he would like to know that the School District has to say in all of this. He added that at the end of the day this is a School District program, it's not a City program. Member Deeds pointed out that he understands the City owns Braemar Arena and they may need to upgrade it but he would encourage the board to beat on the School District a little bit because it's their responsibility at least as much as it is the City's. Mr. Anderson replied they have had meetings with the School Board and will continue to have meetings with them. He noted they would also be happy to attend any joint meetings between the City and the School Board to try and work through to a resolution. Mr. Brown indicated they have had conversations with the School Board and they are in support of the project. He noted this is a unique situation whereby the $1,000,000 kind of takes over that High School component and funds it. He stated they understand this is not the City's obligation, it's the schools. He explained that people who were supportive of the program are coming forward with cash saying they want to help compensate for it because it's not part of the City's obligation. He added that this is not only going to benefit the High School but the Edina Hockey Association as well as others. The $1,000,000 component is a unique structure that says we know it's not the City's obligation but we need you to help us finance it and we are trying to mitigate the risk. Member Jones stated that she needs to clarify if there are restrictions on donations that you are placing on your contribution. She noted when you are talking about these locker rooms that have designations for varsity and junior varsity there is no lease to the locker room space and therefore she would like to know if you are thinking that is the condition of your donation. Mr. Anderson replied that is correct 4 because there is no lease that goes with the locker rooms right now. He noted that is in large a part of what the donations are there to do is to supplement that and that is the reason they are trying to move forward with this. Member Deeds stated that in terms of the donation the High School will be getting four locker rooms for the $1,000,000 donation from the fund and you are going to have those doctrines in perpetuity and in exchange, the City gets the square space above the locker rooms for lease. Mr. Anderson replied that is correct. Member Jones asked how the high school players will access the other two non - adjacent rinks ?" Mr. Anderson replied through a tunnel system and projected a diagram of a path running from the proposed new building along the outer east side of the West rink. Member Jones asked if construction costs for this tunnel were included in the construction costs included in the packet. Mr. Anderson replied yes they were included. Member Jones asked if the large hallway running north to south along the proposed new building was designed especially wide so that it would accommodate a Zamboni to exit the stadium and an ambulance to enter the stadium. Mr. Anderson replied yes, that the interior hall will be wide enough to allow an ambulance and the Zamboni to travel past the locker room entrances and access the rink. Member Jones pointed out that she believes only 75% of Edina residents live within the Edina School District. Therefore she believes 25% of people who pay taxes in Edina are supporting a rink that will now have designated locker space to which their children will not be eligible. She stated she just want to mention that as a potential wrinkle. Mr. Anderson informed the Park Board that at the moment the ERA is short on ice during the winter season and they are renting ice at a number of arenas around the Twin Cities. He noted when they first approached the EHA to see if they would be interested in renting the facility they said yes. ERA also stated that they would be interested in providing a portion of the fees that are paid to EHA to go toward the training facility. He explained what they are concerned about on the onset was if they are asking people to do that it's going to be an additional amount on top of what they are already paying and hockey is an expensive sport. He pointed out what they did discover that instead of driving to arenas all over the Twin Cities that they could put those funds into the training facility. He stated that he thinks that commitment comes out to a little over $100,000 from the EHA. He added that commitment in and of itself will go a long way towards paying the rent that they are projecting for the upper floor of the facility. Member Deeds asked Ms. Miller if she could attempt to quantify what the impact of the offseason utilization might look like and how that would impact the finances of Braemar Arena. Ms. Miller replied that she will happy to do the research. Member Fronek asked Mr. Keprios and Ms. Miller for their perspective on the project as well as give a little background on the financing of the gyms at South View because that project was combined with the City and School. Mr. Keprios explained that those two gymnasiums were paid 100% by the City of Edina to cover all construction costs. He noted that they do have a Facility Use Agreement with the School District that has a life of 30 years. He explained that the agreement states that the City will pay all operating expenses and capital improvements to the School District and in return the school will operate and manage the two gyms. He noted that when the School District uses those gyms they do pay a fee to rent them and what they do is take that amount off the top of the operating expenses. 5 Mr. Keprios informed the Park Board that from a staff perspective this is a request he has heard since he started working for the City of Edina over 30 years ago. He noted they have been trying hard to find a way to get it done but it always seems to fall apart when the School District is asked to pay for any of it. He stated from a staff perspective there are some really great positive things here. He noted that staff will do their job and do the research requested by Park Board. Also staff will find out how other communities have financed their locker rooms. He noted that he believes Mr. Anderson and his team will provide a breakdown of the square footage costs as well as give a little more detail on who is actually going to sign a ten year lease and what is the potential shortfall. Mr. Keprios stated staff will chase all of the information the Park Board would like them to and that they as staff are supportive of the project and the concept and hopefully together we will be able to find a way to get it done. Member Deeds asked Mr. Anderson if he could get some written letters of commitment regarding the $1,000,000. He knows you have verbal commitments but would like to see something in writing. Mr. Anderson replied he can do that. Member Jones noted she was wondering if they lease this out to other teams during the summer are the locker rooms designated for the High School players all year long or are they left idle during the off season. Mr. Anderson replied that is something they will have to study and look at as they move forward. He added that he is not sure what benefit it provides because there are a number of locker rooms for each of the rinks that is sufficient for use throughout the summer, but is something they can explore. Member Jones asked where is the facilities inventory at with the arena, what are the potential needs even going out further than five years. Mr. Keprios replied that to best answer that question he would like to take time to visit with his staff first because he doesn't have all of the answers here tonight. He indicated as the Park Board knows, they just invested an additional $2:2 million into the West Arena that was planned approximately 15 years ago. He noted that they need to get an analysis of the East and South Arenas and when those will be due to get done. Chair Hulbert commented there is a lot to get excited about looking at this; however, he thinks it would be mutually beneficial to get more information put together. Mr. Keprios suggested that staff assemble the notes from this meeting and put it on the February agenda. He noted that hopefully there will be a quorum at that meeting where they can take formal action and forward it on to the City Council. He stated that a lot of excellent questions have been asked and they will do their best to get them answered. Mr. Anderson commented that he agrees with Mr. Keprios and they hope to answer all of the Park Board's questions as best they can. Meeting adjourned at 8:23 pm. D I MINUTES CITY OF EDINA, MINNESOTA PLANNING COMMISSION CITY COUNCIL CHAMBERS JANUARY 25, 2012 7:00 P.M. I. CALL TO ORDER Chair Grabiel called the meeting of the Edina Planning Commission to order at 7:00 PM. II. ROLL CALL Answering the roll call were Commissioners Scherer, Forrest, Schroeder, Potts, Platteter, Carpenter, Staunton, Fischer, Grabiel. Absent from the roll call were Commissioners Cherkassky and Rock. III. APPROVAL OF MEETING AGENDA Commissioner Carpenter moved approval of the January 25, 2012 meeting agenda. Commissioner Platteter seconded the motion. All voted aye; motion carried. IV. APPROVAL OF CONSENT ITEMS Commissioner Platteter moved approval of the January 11, 2012, meeting minutes. Commissioner Scherer seconded the motion. All voted aye; motion carried. V. COMMUNITY COMMENT ' No comment. VI. PUBLIC HEARINGS 2011.0001.12a Conditional Use Permit with Variances St. Peter's Lutheran Church /JMS Custom Homes 3717 Fuller Street, Edina, MN Planner Presentation Planner Aaker informed the Commission that St. Peter's Lutheran Church is requesting a 15- foot lot width variance to build on their vacant property located at 3717 Fuller Street. This site Page 1 of 10 (3717 Fuller) is currently encumbered by a proof -of- parking plan that was required for a parking stall Variance granted to St. Peter's in 1983. A revised Conditional Use Permit is also required to change the proof -of- parking plan. Planner Aaker explained that the Church campus consists of property both north and south of Fuller Street between France and Drew Avenue. The site includes the church, a parking lot east of the church, two platted lots east of the parking lot at 3700 and 3704 Fuller Street, and property south of Fuller inculding a south parking lot, and three platted lots east of the south parking lot at 3713, 3717 and 3721 Fuller Street. Planner Aaker pointed out that in August of 2011, the Church recieved a 15 -foot lot width variance for 3713 Fuller Street. The purpose of the current request is to create another lot in which the Church intends to sell to JMS Homes. JMS would then build two new single - family homes. The zoning ordinance requires a minimum 75 foot lot width. The lot is 60 feet in width requiring a 15 -foot lot width variance to allow the sale of the lot. The lot conforms to the depth and area requirements. The lot was platted prior to the current width requirements, is legally nonconforming, however, cannot be sold without the benefit of a width variance. Continuing, Planner Aaker said all of the church property, with the exception of 3700 Fuller and 3713 Fuller, (the property that has already received a width variance), is dedicated to a proof - of- parking agreement filed as a condition of variances granted for an expansion of the Church that occurred in 1983. A parking lot plan was attached to the 1983 agreement providing an ultimate build -out plan of the south parking lot over two lots east of the parking lot including the subject vacant lot. The proof -of- parking plan would be implemented in the event that the City Manager and City Planner determine that additional parking spaces would be required for the Church use. The lot at 3717 Fuller is encumbered by the 1983 parking agreement and may not be sold without a lot width variance and an amendment to the Church's Conditional Use permit to include a re- assessment of the parking needs of the Church and revised proof -of- parking plan. Planner Aaker noted that SRF Consulting Group, Inc. has submitted a parking study dated November 22, 2011 and revision dated January 16, 2012. The parking study includes a new proof -of- parking plan that would rebuild the south parking lot to provide 86 stalls in a new south lot build -out and include the 46 existing stalls in the north lot for a total of 132 parking stalls. The ordinance requires parking must be provided for one third the maximum seating capacity for the largest place of assembly. The Church use requires a minimum of 131 parking stalls. The sanctuary is the largest place of assembly providing capacity for 393 persons. The build -out plan provides 132 parking stalls and conforms to the required setbacks. It should be noted that the seating capacity of the Church was reduced from 470 to 393 persons as part of a 1990 interior renovation. Page 2 of 10 SRF Consulting Group has indicated the average weekly parking demand is approximately 73 stalls with 91 stalls currently provided in the north and south lots combined. It isn't anticipated that the south lot will need any improvement in the near future given current lower demand and reduced attendance as indicated in the SRF study. No additional parking has been needed over the last 29 years since the 1983 agreement was put in place. Exercising the current parking agreement has never been considered. Planner Aaker concluded that staff recommends that the City Council approve the Conditional Use Permit to modify the 1983 proof -of- parking agreement. Approval is based on the following findings: 1. The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd.S.E, of the Edina Zoning Ordinance. 2. The proposal meets all applicable Zoning Ordinance requirements. 3. The revised proof of parking plan allows the release of 3717 Fuller Street from the 1983 proof of parking agreement allowing the Church opportunity for alternative options for use of the property. Approval is also subject to the following condition: 1. Recording of a revised proof -of- parking agreement with attached parking plan by SRF Consulting Group, Inc. dated: January 17, 2012, with Hennepin County. 2. Execution of a proof -of- parking agreement. Staff further recommends that variance approval is based on the following findings: 1) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R -1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as it is consistent with the Comprehensive Guide Plan. b. The request is reasonable given that a home had occupied the lot in the past. c. The lot width of the subject property is consistent and similar to those near it. 3) The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally platted for that purpose. 4) The unique circumstances are that the property is not needed for future parking demands of the Church, however, may not be sold for redevelopment without the benefit of a lot width variance. Page 3 of 10 Approval is also subject to the following condition: 1. Recording of a revised proof -of- parking agreement with attached parking plan by SRF Consulting Group, Inc. dated: January 17, 2012, with Hennepin County. Appearine for the Aoplicant Jeff Schoenwetter, JMS Custom Homes, Inc. and Jim Ravelle Applicant Comments Jeff Schoenwetter presented a power point presentation on his proposal. Jim Ravelle informed the Commission that 3721 Fuller Street was no longer a day care; it was rented by a teacher, adding there is no issue with parking for that property. Public Comment Wendy Brockman, 3624 Fuller Street told the Commission that she is worried about storm water fun -off and the impact these new houses would have on the environment. Director Teague assured Ms. Brockman that the Engineering Department would review all water run -off related issues. Motion Commissioner Carpenter moved to close the public hearing. Commissioner Platteter seconded the motion. All voted aye; motion carried. Further Comments Commissioner Forrest said she was familiar with the area and had observed that traffic in the immediate area has increased. Forrest asked if it was feasible to require an informal traffic study or site circulation study of the church campus when /if it becomes apparent that the Proof of Parking needs to be implemented. Chair Grabiel asked what the City would require if the Proof of Parking Agreement was triggered. Planner Teague responded that if the Proof of Parking was implemented that would trigger a Conditional Use Permit (parking lot expansion) process and traffic, parking and circulation would need to be included in their application submittal. Page 4 of 10 Motion Commissioner Carpenter moved to recommend Conditional -Use and .Variance approval based on staff findings and subject to staff conditions noting the request was consistent with recent development. Commissioner Platteter seconded the motion. All voted aye; motion carried. VII. REPORTS /RECOMMENDATIONS • Expansion of the TIF°District Planner Presentation Planner Teague explained that staff was directed to investigate the'process necessary to expand the Centennial Lakes Tax Increment Financing (TIF) Project Area: The purpose of this request was to enable the City to expand the area in which the City could expend funds from the Centennial Lakes TIF District. As part ofthe process, the Planning Commission is required to pass a resolution stating that the expansion of the TIF. Project Area is in compliance with the Comprehensive Plan. To give an example if the Centennial Lakes TIF District Project Area was expanded the monies from the original Centennial Lakes TIF could be spent on items associated with the GrandView District. Concluding Teague said at this time the Planning Commission needs to make the determination and adopt a resolution finding that the Plan for the expansion of the Centennial Lakes TIF Project Area conforms to the general plans for the development and redevelopment of the City, is compatible with the Redevelopment Plan for east Edina and is not in conflict with the Comprehensive Plan. Planner Teague introduced Jessica Cook from Ehlers & Associates to further speak on the issue Jessica Cook addressed the Commission and explained in 1988 a TIF District was created for Centennial Lakes and since that time the laws regulating TIF Districts have changed: Cook said the TIF District for Centennial Lakes expires in 2014. Cook 'explained that at this time the City has the opportunity of making those resources available to a broader area within the city. Discussion Commissioner Fischer commented that in a sense this creates a TIF district within the district; however, it only expands the project area; not the TIF district. Page 5 of 10 Jessica Cook explained that technically this was a modification to the Southeast Edina Redevelopment Area. Continuing,,Cook reiterated that the laws regarding TIF Districts had changed, adding they were more flexible in the past. Chair Grabiel commented as he views this request that in general it's consistent with the Comprehensive Plan. Ms. Cook agreed. Commissioner Scherer asked how the City decides where the funds are spent. Cook explained that the funds can be viewed as a tool in the tool box for the City Council. Chair Grabiel asked if the Grandview project could use this TIF money. Cook responded that it could, if the use was allowed by statute. The decision to spend funds would be made by the HRA (City Council). Commissioner Staunton stated that there is nothing in the proposed expansion that changes eminent domain and that the city's position in that regard won't be enhanced. Commissioner Scherer asked what happens to the money if it isn't spent. Ms. Cook indicated that it would be returned to the City, School Districts, etc. Commissioner Scherer indicated that the Commission must rely on the process and the City Council. She pointed out that the Project Area was set by the City Council to encompass areas identified in the Comprehensive Plan for future small area studies. The City Council will ultimately decide where the money will be spent and this allows flexibility so there is no "rush to spend ". Commissioner Carpenter indicated that the Plan Area expansion isn't changing anything in terms of the process or required action for use of funds. Commissioner Forest questioned what the funds can be spent on and can they be used freely. Planner Teague responded that the City is limited in how they can use the funds. For example funds may be used for interchanges, bridges and sidewalks; all public improvements. Mr. Teague reiterated that the City Council would go through their process to determine how and where the funds would be spent. Commissioner Staunton stated that monies accumulate and will continue to accumulate with State Statutes dictating use and limits. He added that while the Council is not in a hurry up and spend situation, they need to make a decision on the Plan Area because no changes may occur after 2014. Public Comment Gene Persha, 6917 Cornelia Drive, questioned if the funds were used out of the "area" and redevelopment of Southdale occurs what would happen if funds weren't available for Southdale's redevelopment. Persha said in his opinion the State needs to draft better language. Page 6 of 10 Kim Montgomery, 5300 Evanswood Lane said she had questions on sidewalks and the purchase of private land for public civic use. Jessica Cook said the funds could be used for basic public improvements but not the extra "niceties" such as brick pavers for sidewalks or landscaping. TIF money cannot be used for residential street improvements, public civic or community buildings or to facilitate private redevelopment. TIF money can be used for sewer, water road improvements in support of a redevelopment within the Project Area and purchase for the purposes of providing affordable housing. Commissioner Carpenter stated that the Commission's role is to determine if the expanded Plan Area is consistent with the Comprehensive Plan. Carpenter stated in his opinion that it is. Motion Commissioner Staunton moved to recommend adoption of the Resolution. Commissioner Fischer seconded the motion; noting the funds can be spent not will be spent. Fischer also noted the role of the Commission on this subject is limited and that the Resolution is in keeping with the Comprehensive Plan. All voted aye; motion carried. Discussion — Consideration of a Zoning Ordinance Amendment regarding lots smaller than 9,000 square feet and 75 -feet in width. Planner Presentation Planner Teague reported that as a result of recent subdivision requests on Brookview and Oaklawn Avenues, members of the Planning Commission expressed concern in regard to approving subdivisions that require variances. Teague noted that in the last five years the City has received five (5) requests to subdivide properties into lots that were less than 9,000 square feet in area and 75 feet in width. Teague acknowledged that all of the requests were made in the area around Pamela Park. Three of those requests were approved; one is pending review by the City Council, and one was withdrawn by the applicant before action was taken. Teague said there are options on how to address the issue and suggested that a goal should be established up front as to what the City wishes to accomplish in changing the ordinance. Page 7of10 Discussion Chair Grabiel asked the Commission for their comments, adding in his opinion the City should encourage redevelopment; noting there is a catch on how that can it be correctly accomplished. Grabiel said he believes, at this point, if the City allows subdivisions to expand up meeting 500 -foot neighborhood requirements for lot width, depth and area; shouldn't the same be true if one wants to expand down. Commissioner Schroeder said he likes the idea of allowing a PUD for residentially zoned parcels. He noted other cities permit PUD's in their residential districts, adding that some cities like St. Louis Park are more like Edina. Schroeder added the reason he likes this option is that PUD is project specific. He pointed out in this instance a PUD process would answer many of the neighbors questions; like trees, house placement etc. Concluding, Schroeder said PUD could be another "subdivision" tool. Planner Teague pointed out that the City's ordinance precludes PUD in R -1 zoning districts; however that doesn't mean PUD in an R -1 zoning district shouldn't be reconsidered. Commissioner Fischer pointed out that it wasn't that long ago that the Commission was considering amending the ordinance to allow PUD ; however, during the discussion on allowing PUD zoning many residents expressed concern" with allowing PUD in the City's R -1 zoning district. Continuing, Fischer noted since those discussions the Commission has come across a couple of instances where a PUD zoning would be a benefit in an R -1 zoning district and would make sense. Concluding, Fischer said permitting PUD in an R -1 zoning district may be something the Commission should reconsider. Commissioner Potts agreed and added if the City's goal was to protect the character of all neighborhoods using PUD as another tool besides lot width, depth, area, etc. may not be a bad idea. Commissioner Carpenter said in reviewing the most recent request for subdivision in a small lot neighborhood; including past similar requests that he was struck by the fact on how few people contested these subdivisions; if at all. Carpenter noted there have been five subdivision requests in small lot neighborhoods in five years, questioning if that's really a lot. He said he also wonders if the Commission really needs to do anything to "fix " the ordinance if in reality it works and wasn't broken. Commissioner Scherer said her concern is that residents feel undercut on how the Commission addresses subdivisions, adding some residents don't agree with the original plat theory. Scherer said to her it's about reliance on the code. Continuing, Scherer said she doesn't believe it is unreasonable to clarify the code so the Commission has a reliance factor. Concluding Scherer stated she likes the idea of a PUD and also likes option 3 presented by staff, acknowledging that each request becomes unique and emotional. Page 8 of 10 e Commissioner Potts said he understands about reliance on the code and asked Planner Teague if he knows "how many more of these combined small lots" are out there that may come up for subdivision ". Planner Teague responded that staff would look into that. Commissioner Carpenter observed there are many 50 -foot wide lots in Edina with both new and older homes on them, pointing out the vast majority of these homes can be torn down and rebuilt without Commission or Council comment. Commissioner Forrest said in her opinion the Commission needs to revisit this issue. She noted that part of the problem is our current code that allows generous buildings to be built on these small lots. Forrest agreed that the one size fits all may not work. Chair Grabiel commented that in the Comprehensive and Land Use Plan the goal is to preserve the character of the neighborhoods and maintain Edina's housing stock. Grabiel said he doesn't see how in an area of predominately 50 -foot wide one can to argue that maintaining those 50- foot lots doesn't make sense. Concluding, Grabiel also said the opinion that ordinances "never change" isn't true, pointing out ordinances do change. Commissioner Forrest said in theory she agrees but the Commission also needs to consider how these subdivisions affect neighborhoods. She added the Commission needs some form of individual approach or a creatively crafted ordinance to address these issues. Commissioner Platteter pointed out if someone wants to buy three 50 -foot wide lots and conjoin them there is no review process; questioning if the code should work the same both ways. Platteter said in his opinion maintaining the original plat is important. He said the plats in reality defined Edina's neighborhoods, adding in his opinion these small lot neighborhoods also need protection. Concluding Platter reiterated there are no limits on combining lots; which to him is a concern and more out of character than going the other direction and honoring the original plat. Commissioner Staunton said the discussion was good, adding he agrees with Commissioners Scherer and Schroeder that there shouldn't be just one way, adding having a city wide lot width requirement may not be the best approach. Staunton pointed out that the Comprehensive Plan recognizes character districts, adding that number 3 also makes sense to him. He pointed out currently code requires that all applicants identify the 500 -foot neighborhood standards, and even if the lots within that 500 -foot neighborhood don't meet current code variances are required for the "new" lot(s). Staunton concluded he was also intrigued by allowing PUD in the R -1 zoning district. Chair Grabiel said this discussion needs to be continued and requested that staff look at the calendar and see if time was available for the Commission and Council to meet jointly. Grabiel added that more research also needs to be done on how a PUD would "work" in the R -1 zoning district and on how many "lots" are out there that were combined plat that now could be "subdivided ". Page 9 of 10 VIII. CORRESPONDENCE AND PETITIONS Chair Grabiel acknowledged receipt of the Council Connection and that he received a News Letter from the Met Council. IX. CHAIR AND COMMISSION COMMENTS Chair Grabiel noted that the Commission will meet again on February 8th Chair Grabiel informed the Commission he met with the Transportation Commission Chair Jennifer Janovy, Wayne Houle and Cary Teague to discuss the role of the Transportation Commission in the development review process. Grabiel suggested that since there is not a representative from the Planning Commission on the Transportation Commission anymore, we may wish to get together with them from time to time to discuss issues and stay informed on what each Commission is doing. Chair Grabiel asked if anyone was interested in attending a one day work session on Living Streets; and if so one is being offered on February 15th at the Community Center. Commissioner Staunton reported that the GrandView Steering Committee approved the final Grandview District Development Framework. Grabiel said there would be a 45 -day public comment period and that there would be a display on what was accomplished available for view at City Hall. Grabiel Chair informed the Commission that the work session with the City Council was cancelled. All would get credit for being there. X. STAFF COMMENTS None. XI. ADJOURNMENT Commissioner Potts moved meeting adjournment at. Commissioner Platteter seconded the motion. All voted aye; motion carried. 4 Tack }f Respectfully submitted Page 10 of 10 1 MINUTES Regular Meeting of the Edina Heritage Preservation Board Edina City Hall.- Community Room January 10, 2012 7:00 P.M. I. CALL TO ORDER 7:05 P.M. II. ROLL CALL Answering roll call was Vice Chair Carr, and Members Davis, Moore, Curran, Copman and Ellingboe. Absent were Chair Stegner, and Members Rehkamp Larson, Schwartzbauer, Anger, and Ahlstrom. Staff present was Planner Joyce Repya. IIL APPROVAL -OF MEETING AGENDA . Member Davis moved to approve the: meeting agenda as presented. Member Moore seconded the motion. All voted aye. The motion carried. IV. APPROVAL OF THE MINUTES Regular meeting of December 13, 201 1 Member Davis moved approval of the minutes from the December 13, 2011 meeting of the board. Member Curran seconded the motion. All voted aye. The motion carried. V. COMMUNITY. COMMENT None VI. REPORTS /RECOMMENDATIONS A. Certificate of Appropriateness #H -1.2 -1 4603 Browndale Avenue Request: A new front entry canopy Vice Chair Carr invited the applicant to present their proposal to the Board. Scott Newall, Newall Architecture, 5217 James Avenue So., Minneapolis explained that the new front entry , canopy, proposed for: the,1935 Colonial style home will not only provide currently lacking shelter, but also add design depth and interest to the front fapcle,of the home. Currently,, he.front entry is flush with the west facade and is surrounded by slightly projecting wood trim in a general classic style. There is a 33 square foot stoop, clad in red brick, raised one. step up from the grade. Mr. Newall pointed out that the proposed design includes partial dismantling of the existing wood trim, incorporating it into the new assembly. The simple black steel railing above the door will be removed and replaced with a new black steel railing with a slightly more ornate design. Additionally, a new, larger stylistically appropriate light fixture will hang from the raised soffit within, It is the intention of the design to increase the home's distinctiveness and provide greater character. The proportions and materials will be consistent with the house and the period style. The effect of the Edina Heritage Preservation Board Minutes January 10, 2012 new entry will be to make the house feel more welcoming and to enhance the overall character of the streetscape. Mr. Newall added that the homeowner is considering replacing the red brick stoop and concrete sidewalk from the house to the public sidewalk with new bluestone pavers; and although the homeowner's have not made a final decision, they would like the potential for that change to be included in the Board's decision. Board members briefly discussed the proposed plan receiving clarification on several design elements. Member Davis commented that he was impressed with the desire to incorporate original materials from the front entry into the new design — adding that he would like to see more of that done in the district. Member Curran noted that Staff and Consultant Vogel had recommended approval of the request as presented. She then moved approval of the Certificate of Appropriateness for the new front entry portico as proposed to include the potential for incorporating the blue stone pavers on the stoop and sidewalk. Member Moore seconded the motion. All voted aye. The motion carried. B. Certificate of Appropriateness #H -12 -2 4620 Moorland Avenue Request: - New Detached Garage - Two -Story Rear Addition - Replace Oriel Window on Front Fa ;ade with a Cantilevered Bay & 3 Sets of Double Hung Windows Covered By a Shed Roof Vice Chair Carr asked the proponent to explain the proposed changes to the subject home. Scott Busyn , Great Neighborhood Homes, 4615 Wooddale Avenue stated that his firm has designed changes to the 1934 Tudor style home with the intent of providing a compatible use of the home while at the same time maintain the home's overall historic character. The new detached 2 -stall garage has been designed to replicate the design elements of the Tudor style home with stucco and half - timbering, as well as windowed gables which will provide natural light in the upper storage area. Proposed to be consistent with the size and scale of surrounding detached garages, the structure will utilize the existing driveway on the south side of the property. Addressing the 2 -story addition to the rear of the home Mr. Busyn pointed out that by removing the attached garage, more daylight will be provided to the home. The design of the addition includes the important Tudor elements of double hung window, stucco, half- timbers, and gabled openings that are consistent with the historic home. The addition was designed to be sensitive to the scale and mass of the home and will not be visible from the street. Mr. Busyn added that the last element of the COA request involved removing an existing oriel window on the second story of the front fapde which is located in a bedroom, and replacing it with a cantilevered bay including three sets of double hung windows covered by a shed roof. He explained that 2 Edina Heritage Preservation Board Minutes January 10, 2012 the new windows will not only provide more light in the bedroom, but more importantly provide required egress lacking with the oriel window. Vice Chair Carr thanked Mr. Busyn for his explanation. She noted that Preservation Consultant Robert Vogel had reviewed the proposed plans and provided an opinion which she asked Planner Repya to share with the Board. Ms. Repya reviewed Mr. Vogel's evaluation of the project, highlighting his opinion that the design does a good job of protecting the historic architectural details that contribute most to the character of the house and surrounding neighborhood. He also pointed out that the design of the proposed garage meets the general standards for new construction contained in the district's plan of treatment. The plans describe a structure that would be compatible in size, scale, building materials, and texture with the historic house; and he recommended approval of the Certificate of Appropriateness. Ms. Repya then provided the Board with several changes to the rear addition which Mr. Busyn had submitted after the packets were delivered to the Board. She pointed out that the changes were subtle, however since approval would be subject to the plans presented, she wanted to ensure that the Board was reviewing the complete plans. Mr. Busyn pointed out that the changes were necessitated in order for the addition to meet the setback requirements called out in the Zoning Ordinance. Ms. Repya concluded that staff agrees with Consultant Vogel's conclusions and recommends approval of the Certificate of Appropriateness subject to the plans presented and a year built plaque be installed on an exterior wall of the detached garage. Board members briefly discussed the proposed plan receiving clarification on several design elements. Member Moore stated that he liked the plans very much and particularly the enthusiasm for providing a contemporary use of the home while being sensitive to its history. Member Davis agreed, moving approval of the Certificate of Appropriateness for the new detached garage, addition to the home, and changes to the street facing facade subject the plans presented and the placement of a year built plaque on the exterior of the detached garage. Member Curran seconded the motion. All voted aye. The motion carried. C. Southdale Center Artifact Update Member Moore introduced Jamie Heidt, an Edina resident and Southdale enthusiast who has offered to work with Moore and Member Anger on the Southdale artifact project. Mr. Moore explained that since the December meeting he and Mr. Heidt met with Laurie Van Dalen, General Manager of Southdale Center to discuss the HPB's interest in cataloging and possibly commemorating the existing original artifacts at Southdale Center. Ms. Van Dalen was very welcoming, pointing out that while new to Southdale, she has worked for Simon Properties for 14 years and made -over five malls across the country. She found it interesting that of all the malls she has worked, Southdale has proven to the most unique due in a large part to its rich history. 3 Edina Heritage Preservation Board Minutes January 10, 2012 Ms. Van Dalen took Moore on a tour of some of the basement storage areas. She reported that the iconic bird cage is no longer at the mall, however was thrilled to find the "Unicycle" sculpture lying on its side(I 5' — 18' long) covered with a tarp. This sculpture once stood outdoors in the southwest corner of the building where the Cheesecake.Factory now stands. Ms. Van Dalen pointed out that Simon Properties is not interested in displaying the sculpture and would consider donating it to the city. Mr. Moore also explained that Ms. Van Dalen shared the Southdale Center renovation plans which are very exciting. She explained that it is important that changes to the mall remain current; however a nod to the center's unique history should be doable. He added that he shared historic articles and promotional materials gleaned from the city files which Ms. Van Dalen had never seen and was pleased to receive. Ms. Dalen commented that she would be happy to provide the HPB a tour of the storage areas in the basement as long as members were willing to sign a waiver. A brief discussion ensued, after which the Board agreed that the next step will be for Member Moore to continue discussions with Ms. Van Dalen regarding a potential tour of the center's storage areas within the next few months. The Board thanked Member Moore for reaching out to Southdale Center's management, and expressed their continued interest in the project. No formal action was taken. D. Thematic Study of Heritage Resources Associated with Edina Women — Discussion Planner Repya reminded the Board that at their November they received the completed Thematic Study of Heritage Resources Associated with Edina Women. Since they hadn't the opportunity to review the document, it was agreed that they would take the month of December to digest the information and discuss their reflections at the January 2012 meeting. Ms. Repya pointed out that the purpose of the study was to provide a baseline of information on the current information available regarding the involvement of Edina women relative to the community's historic resources; as well as to provide guidance for including the involvement of women when reviewing potential landmark properties. The study will be added to the city's "Historic Context Study ", and "Comprehensive Plan's Heritage Preservation Section" as a planning tool to be used when evaluating historic resources in the City. Member Curran stated that she found the study very interesting and thought the Executive Summary did a good job of encapsulating the content of the report. She added that while the results of the study proved that there is not a lot of current information tying Edina women to historic resources; those who have been identified, such as Sarah Baird with the Grange Hall could be recognized by installing a plaque at the Grange Hall that highlights Mrs. Baird's importance to the Grange movement. The Board agreed with Ms. Curran noting that working with the Historical Society on recognizing the important women identified made sense. Ms. Curran then called attention to the following recommendations for future action provided at the end of the study: 4 Edina Heritage Preservation Board Minutes January 10, 2012 1) When documenting individual residential properties for nomination as Heritage Landmarks, background research should focus on describing any gendered spaces present and on identification of individual women connected to the property; archival study should attempt to reconstruct the physical history of the subject property, with particular emphasis on the planning, design, and original construction phases, to gain an understanding of the role of women in its development. 2) Conduct a systematic, intensive survey of local newspapers, business directories, and trade publications to identify potential heritage preservation resources associated with female architects, builders, realtors, designers, developers, and trades people. 3) Assemble information on local organizations involved with women's civic and political activities, including but not limited to the Morningside and Edina women's clubs and the League of Women Voters. 4) Identify information needs relating to women's history themes in Edina's postwar history (circa 1945 -1974) to be addressed by future surveys. 5) Conduct archaeological surveys in areas predicted to contain intact prehistoric and post - contact period sites and determine how each type of site is likely to be associated with women's history themes. Predictive models should establish the likely presence of sites reflecting gendered spaces and activities. 6) Undertake intensive archival research to refine, modify, and elaborate on the following Tier 2 local historic contexts with respect to women's history themes and associated resource types: "Edina Mills: Agriculture and Rural Life," "The Cahill Settlement: Edina's Irish Heritage," " Morningside: Edina's Streetcar Suburb," "Country Club: Edina's First Planned Community," "Southdale: Shopping Mall Culture," and "Country Clubs and Parks: The Heritage of Recreation, Leisure and Sport." The Board discussed the recommendations and discovered they had questions regarding the intent of some of the points. Ms. Curran suggested that it would be helpful for Consultant Vogel to clarify the intention and work entailed for each recommendation to assist the Board in determining how to best fit the tasks into future work plans. Board members agreed that they would like feedback from Mr. Vogel regarding the six recommended actions from the report. They also suggested that once the Board was in agreement with the recommendations, a copy should be provided to the Edina Historical Society, and the study should be posted on the Heritage Preservation Board's section of the City's web site. E. 2012 Work Plan — Long Range Planning Planner Repya explained that the 2012 Work Plan is a planning tool used by the HPB to assist them to stay on task. The plan is created over several months with an eye toward having a working document available at the annual meeting in March. Initial steps in creating the work plan include evaluating the previous year's work plan to determine what work might need to carry over to the next year; as well referring to the Heritage Preservation section of the Comprehensive Plan to ensure that goals and objectives identified for the plan period (2010 — 2030) are taken into consideration. 5- Edina Heritage Preservation Board Minutes January 10, 2012 The Board received an outline for 2012 monthly work plan with the yearly repetitive tasks identified. They also reviewed a list of potential tasks as well as the benchmarks, policies and implementation schedule set out in the Comprehensive Plan. Discussion ensued regarding how to best group the tasks, and suggestions were made to add tasks to the list. Planner Repya thanked the Board for their input and agreed to provide them with a draft work plan at the February meeting that reflected their suggestions. No formal action was taken. VII. CORRESPONDENCE AND PETITIONS — None Vill. CHAIR AND BOARD MEMBER COMMENTS Vice Chair Carr announced that Members Bob Schwartzbauer, Jean Rehkamp Larson and Terry Ahlstrom have decided not to continue serving on the HPB, thus she participated in the interviews for their replacements. The City Council should make their decisions and announce the new members in early February with three new HPB members starting at the February meeting. Ms. Carr was joined by the rest of the Board in recognizing the valuable contributions made by Members Schwartzbauer, Rehkamp Larson, and Ahlstrom. IX. STAFF COMMENTS Annual Boards & Commissions Dinner — March 1 9th Planner Repya reported that the date for the annual Boards and Commissions dinner has been set for Monday, March 19th. Invitations will be mailed to all current, incoming and outgoing board members. The dinner provides an opportunity for the City to thank board and commission members for their service to the community, and all members were encouraged to attend. Minnesota Historical Society Visit — February Meeting Planner Repya reported that Michael Koop from the Minnesota State Historical Preservation Office (SHPO) will be attending the February HPB meeting. The SHPO office has identified a goal of visiting all of the Heritage Preservation Boards and Commissions in the State during 2012 and Edina will be one of their first. This meeting will be a good time to discuss heritage preservation on the State and local level. X. NEXT MEETING DATE MONDAY —February 13, 2012 Several Board members expressed a desire to reschedule the regular February meeting from Tuesday, the 14th (Valentine's Day) to Monday, February 13th. Those members in attendance reported that the date change worked with their calendars. Planner Repya agreed to poll the entire Board and if Monday, February 13th worked with everyone, the meeting would be rescheduled. XI. ADJOURNMENT 8:15 p.m. Respectfully submitted, Joyce Repya 2 l MINUTES CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COUNCIL CHAMBERS Thurs., Jan. 12, 2012 7:00 PM I. CALL TO ORDER Chair Latham called the meeting to order at 7:00 p.m. II. ROLL CALL Answering Roll Call was Members Gubrud, lyer, Jennings, Kostuch, Paterlini , Risser, Sierks, Thompson, Tucker, Zarrin and Chair Latham. Absent: Gupta Staff Present: Jesse Struve and Rebecca Foster III. APPROVAL OF MEETING AGENDA Agenda was approved as written. IV. ADOPTION OF CONSENT AGENDA Agenda was approved as written. V. COMMUNITY COMMENT Bill Glahn, 6634 Normandale Rd, asked the Commission to focus on Best Practices that would bring our community together in 2012 and not controversial practices such as garbage hauling, wood burning and complete streets. VI. REPORTS AND RECOMMENDATIONS A. Working Group Members. Chair Latham thanked Member Tucker for her service on the EEC. Motion made by Chair Latham and seconded by Member Thompson to have Member Risser Chair the Water Quality Working Group due to Member Tucker leaving the Commission. Motion carried unanimously. B. Working Group Minutes. Minutes was approved as written. C. Green Step Cities Report. Chair Latham gave an overview of the Green Step Cities program and each Commissioner gave an update on the following Best Practices. BP #24 Benchmarks and Community Involvement Step #1- Rick Carter, consultant at LHB Inc gave the Regional Indicators Report which compared Edina, Falcon Heights and St. Louis Park Step #2 — Germana Paterlini reported on the Carbon Disclosure Project BP #1 Efficient Existing Public Buildings Step #1— Jesse Struve reported on the B3 data base Step #2 —Jesse Struve reported on the Guaranteed Energy Savings program Step #7 —Jesse Struve reported on the geothermal system at the Public Works Building BP #2 Efficient Existing Private Buildings Step #1— Bob Gubrud reported on the Home Energy Squad Step #5 — Susan Tucker reported on conserving ground and drinking water resources BP #6 Comprehensive Plan — Steps 1 & 2 - Julie Risser reported BP #11 Complete Streets - Steps #1, #4 and #6 — Paul Thompson reported BP #12 Mobility Options - Steps #1 and #2 — Paul Thompson reported BP #15 Purchasing - Steps #1 and #4 - Keith Kostuch reported Motion made by Member lyer and seconded by Member Kostuch to approve the Purchasing Policy as written. Motion carried unanimously. BP #16 Urban Forest - Steps #1 and #4 — Dianne Plunkett Latham reported BP #17 Efficient Stormwater Management - Steps #1 and #5 — Susan Tucker reported on Edina's successful Blue Star City certification and Edina's coal tar sealant ban BP # 18 Parks & Trails Step #5 — Germana Paterlini reported in organic pest management Motion made by Member Sierks and seconded by Member Gubrud to approve the Turf Management Plan as written. Motion carried unanimously. Step #S — Dianne Plunkett Latham reported on non - potable water use for irrigation. Step #7 - Dianne Plukett Latham reported on Audubon sanctuary certification Step #8 — Dianne Plunkett Latham reported on land stewardship through buckthorn abatement BP #19 Surface Water Quality - Steps #3 and #4 — Susan Tucker reported BP #22 Solid Waste Reduction - Steps #2, #5, and #6 — Dianne Plunkett Latham reported Motion made by Chair Latham and seconded by Member Gubrud to set up a Park Recycling Bin Task Force comprised of Vince Cockriel, Tom Shirley, Tom Swenson, Michelle Horan, Melissa Seeley and chaired by Dianne Plunkett Latham. Motion carried unanimously. BP #23 Local Air Quality - Steps #1, #2 and #3 —Julie Risser reported BP #24 Benchmarks and Community Involvement Step #1— Sarah Zarrin reported on the EOWG's proposed 4 -19 -12 educational program Step #4 — Bob Gubrud reported on the EOWG's other activities Motion made by Member Risser and seconded by Member Thompson to approve the April 19th, 2012 The Environment, Economy and Food Supply from Global to Local Forum. Member Gubrud Abstained. Motion carried unanimously. BP #25 Green Business Development Step #2 — Sarah Zarrin reported on connecting businesses with recycling assistance providers Step #4 — Dianne Plunkett Latham reported on utilization of local waste products BP #26 Renewable Energy Step #1— Surya lyer reported on the progress of a local ordinance for wind and solar energy standards Step #3 — Bill Sierks reported on the EEEP (PACE) program Step #5 - Bill Sierks reported on the new solar panels for City Hall Bevlin Jennings reported on the activities of Edina High School's Project Earth D. Council Requests Advice on taking one of two actions: 1. Pursuing unilateral negotiations with the current recycling vendor for services after 12/31/12, or 2. Pursuing a formal RFP for recycling services after 12/31/12 Motion made by Member Sierks and seconded by Member Zarrin to pursue a formal RFP for recycling services after 12/31/12. Motion carried unanimously. 0 VII. CORRESPONDENCE & PETITIONS VIII. CHAIR AND COMMISSION MEMBER COMMENTS 1. Bylaw Revision Committee. Chair Latham gave an update on the Bylaw Revisions for City Commissions. IX. STAFF COMMENTS A. Jesse Struve 1. EEC Budget. The Commission spent $8,345.72 of their allotted $10,000 budget in 2011. Mr. Struve requested all outstanding reimbursement for 2011 to be submitted to him by the end of January. Mr. Struve announced that another $10,000 has been allotted for the Commission's 2012 budget. t Chair Latham offered Commissioner Risser the opportunity to attend a Water Quality Workshop at the Arboretum per her new position as Chair of the Water Quality Working Group. Motion made by Member lyer and seconded by Member Gubrud to approve $125 for Commissioner Risser to attend the Arboretum Workshop. Motion carried unanimously. There being no further business on the Commission Agenda, Chair Latham declared the meeting adjourned at 9:19 p.m. Respecsubmitted, ;ebec a Foster GIS ministrator Commuter Services Executive Director's Report December 2011 Empioyer- ...Outreach- (9) Commuter Fairs (6) Normandale Community College Opportunity Partners IKEA . $yngenta =Seeds Ceridian Nort hMarq Fairview Southdale Hospital Richfield High School - transit>passes REI Commute Information Requests: 440 New:Carpool Registrations in December: 38 Renewing Carpools in the month of December: 52 Meetings with Allies: • TDM'Consultants /E.D. meetings - Commuter Challenge planning committee. Rideshare to Work Month planning committee Bike to Work Week planning committee MnDOT Corridor Coalition planning session Datacard Group Holiday Companies - headquarters Richfield High School MnDOT 494 project open house in Edina MnD.OT.494 project open house in Richfield ®F aiu p n Nafional'Insurance Misc. Outreach: Provided significant assistance to Normandale Community College on their.TDM Plan - Customized a carpool parking policy and implementation /management strategy for Normandale Community College US Bank at Meridian Crossing and REI in, Bloomington won regional Commuter Choice Awards nominated by Commuter - Services staff Richfield, High School enrolled in the Student Pass program offered by Metro Transit Richfield Career Education Center enrolled in the-Student 'Pass program, providing a financial subsidy toward each pass Created a summary report for Western National Insurance from, their telework pilot survey Facilitated discussions between Fairview Southdale Hospital and Metro Transit`to increase weekend transit service on route 6 Mailed 2,000 companies a summary of Rideshare To Work Month results Attended the TwinWest Chamber of Commerce overtime expo Sent weekly updates on 169 /494 project, updated website, Facebook and Twitter -I-. Commuter Services Executive Director's Report January 2012 Employer Outreach Employer Mt s. 5 Commuter Fairs (8) Normandale Community College (5) Normandale Community College Best Buy (2) Minnesota School of Business IKEA Richfield High School City of Bloomington - Normandale TDM Plan CBeyond Commute Information Requests: 32 New Carpool Registrations in January: 37 Renewing Carpools in the month of January: 51 Twitter followers: 484 Meetings with Allies: TDM Consultants /E.D. meetings Commuter Challenge planning committee Team Competition planning committee Bike to Work Week planning committee MnPASS outreach coordination eWorkPlace BioScrip Western National Insurance Misc. Outreach: Provided significant assistance to Normandale Community College on their TDM Plan Enrolled IKEA in Metropass Created a customized Metropass employee enrollment form for IKEA Best Buy increasing their vanpool subsidy from $75 /per employee /mo to a full subsidy Attended Microsoft Technology Center opening via Edina Chamber Switched carpool registration software from Ridepro to Access Sent weekly updates on 169/494 project, updated website, Facebook and Twitter Group Presentations (2) Minnesota School of Business - New Student Orientations IKEA senior leadership about Metropass 4j STATE OF MINNESOTA Office of the State Auditor iijill Rebecca Otto State Auditor TAX INCREMENT FINANCING LEGISLATIVE REPORT TIF Reports for the Year Ended December 31, 2010 TIF Audits Concluded for the Year Ended December 31, 2011 F Description of the Office of the State Auditor The mission of the Office of the State Auditor is to oversee local government finances for Minnesota taxpayers by helping to ensure financial integrity and accountability in local governmental financial activities. Through financial, compliance, and special audits, the State Auditor oversees and ensures that local government funds are used for the purposes intended by law and that local governments hold themselves to the highest standards of financial accountability. The State Auditor performs approximately 160 financial and compliance audits per year and has oversight responsibilities for over 3,300 local units of government throughout the state. The office currently maintains five divisions: Audit Practice - conducts financial and legal compliance audits for local governments; Government Information - collects and analyzes financial information for cities, towns, counties, and special districts; Legal/Special Investigations - provides legal analysis and counsel to the Office and responds to outside inquiries about Minnesota local government law; as well as investigates allegations of misfeasance, malfeasance, and nonfeasance in local government; Pension - monitors investment, financial, and actuarial reporting for approximately 730 public pension funds; and Tax Increment Financing - promotes compliance and accountability in local governments' use of tax increment financing through financial and compliance audits. The State Auditor serves on the State Executive Council, State Board of Investment, Land Exchange Board, Public Employee's Retirement Association Board, Minnesota Housing Finance Agency, and the Rural Finance Authority Board. Office of the State Auditor 525 Park Street, Suite 500 Saint Paul, Minnesota 55103 (651) 296 -2551 state. auditorn.osa. state. mn. us www.auditor.state.mn.us This document can be made available in alternative formats upon request. Call (65 1) 296 -2551 [voice] or 1- 800 - 627 -3529 [relay service] for assistance; or visit the State Auditor's web site: www.auditor.state.mn.us. TAX INCREMENT FINANCING LEGISLATIVE REPORT TIF Reports for the Year Ended December 31, 2010 TIF Audits Concluded for the Year Ended December 31, 2011 February 1, 2012 Tax Increment Financing Division Office of the State Auditor State of Minnesota Assistant State Auditor/Director Arlin Waelti Staff Kurt Mueller, Auditor Lisa McGuire, Auditor Barbara Lerschen, Analyst Robert Odell, Administrator TAX INCREMENT FINANCING REPORT TABLE OF CONTENTS EXECUTIVE SUMMARY 1 SCOPE AND METHODOLOGY -------...-•-•-•------------•--------------•-•---------- .- ...------------ •-- •-- - - - - -- -111 BACKGROUND------- - - - - -- -------------------------------------- Development Authorities ............................................................................................... - - - - -1 2 Figure 1— Number of New Development Authorities Created 2006 - 2010________ ___ ___ __ _______________________ 2 Figure 2— Average. Population of Municipalities with New Development Authorities Created 2006— 2010. 3 Development Authorities by Location ---------------------------------------------------------------------------- 3 Map I— Development Authorities in Greater Minnesota 2010 _ __ ____ __________ ______________ _______________________4 Map 2— Development Authorities in Metro Area 2010______________________________ _______________________________ 5 Map 3-- bounty Development Authorities with Active TIF Districts in 2010________ ___________ __ _________________6 Creation of TIF Districts Typesof TIF Districts----------------------------------------------------------------------------------------------- - - - - -7 SpecialLegislation---------------------------------------------------------------------------------------------------- • - - - -9 Numberof TIF Districts------------------------------------------------------------------------------------------- - - - -10 Figure 3 —TIF Districts by Type Statewide for 2010 ----------------------------------------------------------------- 10 Figure 4 —TIF Districts by Type in Metro Area for 201 0 ............................................................ 11 Figure 5 —TIF Districts by Type in Greater Minnesota for 2010 11 Tax Increment Revenue by Type of District____________ ______ ________ _______________________________ ____ 12 Figure 6 —Tax Increment Revenue Generated by District Type for 2010 12 Figure 7 —Tax Increment Revenue Generated by District Type in 2010 — Metro Area vs. Greater MN______ 13 Returned Tax Increment * ------ I --------- 13 Districts Certified for Clenar Y14 Figure 8 —TIF Districts Certified by Type for 2010 14 Certification Trends — Current and Five -Year 14 Figure 9 —TIF Districts Certified by Type 2006 - 201 0 --------------------------------------------------------------- 15 Districts Decertified in Calendar Year 2010 i 15 Figure 10—TIF Districts Decertified by Type in 2010 --------------------------------------------------------------- 16 Comparison of TIF Districts Certified and Decertified ________ ________ ___ _____ __________ ____ 16 Figure I 1-- comparison of TIF Districts Certified and Decertified in 2010 --------------------------------------- 17 Ten -Year Trends ,----------•----------------------•------------------------- - -.... Figure 12— Number of TIF Districts Certified 2001 - 2010,____________________________ _____________________________18 Figure 13— Number of TIF Districts 2001 - 2010______________ ________________ ___________ 1$ Figure 14 —Total Tax Increment Revenue Received 2001 - 2010_______________________ ___________________________19 Reported Debt, 19 Figure 15— Reported Debt by Debt Type............................................................................... 21 2010 JOBS STIMULUS PROGRAM--------- - - - - -• 22 Revenue from Economic Development Districts______________________ ___________ ____________________ __22 Revenue from Existing Districts 22 ------------------- - - - - -- -- - - - - -- -- - - - - -- - - - -- - - - -- FINDINGS AND RESPONSES 23 Summary of Findings and Responses---------------------------------------------------------------------- - - --23 Failure to Comply with the Four -Year Rule 24 Duluth Economic Development Authority......................... _ ________ ___ _____.24 Improper Use of Tax Increment 24 City of Stillwater __ __________ ___ _________________________ _ ___24 APPENDIX A Development Authorities That Did Not Submit Complete 2010Annual TIF Reports APPENDIX B Jobs Stimulus Program - TIF Revenues from Economic Development Districts APPENDIX C " Jobs Stimulus Program - TIF Revenues from Existing Districts APPENDIX D Office of the State Auditor Initial Notice of Noncompliance — Duluth Economic Development Authority Response to the Initial Notice of Noncompliance — Duluth Economic Development Authority Office of the State Auditor Final Notice of Noncompliance — Duluth Economic Development Authority APPENDIX E Office of the State Auditor Initial Notice of Noncompliance — City of Stillwater Response to the Initial Notice of Noncompliance — City of Stillwater Office of the State Auditor Final Notice of Noncompliance — City of Stillwater APPENDIX F Office of the State Auditor Letter — St. Paul Housing and Redevelopment Authority EXECUTIVE SUMMARY Current Trends • In calendar year 2010, development authorities returned $17,189,994 in tax increment revenue to ,the county auditor for redistribution to the city, county, and school district as property taxes. (p. 13) Thirty-nine TIF districts were certified in Minnesota during calendar year 2010, while 147 TIF districts were decertified. (p. 16) • In 2010, 34 percent of the total number of TIF districts were located in the Metro Area; 66 percent were located in Greater Minnesota.. However, 82 percent of the tax increment revenue generated in 2010 was from districts located within the Metro Area. (p. 13) • In 2010, development authorities were given temporary expanded 'authority 'under the Jobs Stimulus Program to use tax increment in ways not previously authorized. As of the date of this Report, the OSA has received TIF plans for 31 economic development districts created, and 35 spending plans have been submitted to the OSA under the Jobs Stimulus Program.. (pgs. 22 and 23) Long -Term Trends • The total number of TIF districts certified between 2006 and 2010 decreased by 57 percent. (p. 15) • During the five -year period between 2006 and 2010, the number of economic development districts certified decreased by 57 percent. The number of housing districts certified decreased by 67 percent. The number of redevelopment districts certified decreased by 46 percent. (p. 15) • Over the ten -year period covering 2001 through 2010, . the number of districts certified decreased by 74 percent. (p. 17) i Scope and Methodology This sixteenth Annual Legislative Report (Report) was compiled from information received from the 430 municipalities `and development authorities currently authorized to exercise tax increment financing (TIF) powers in Minnesota. The Report summarizes the data received from the 1,886 unaudited TIF reports for the year ended December 31, 2010, and provides a summary of the violations cited in the limited -scope reviews. concluded by the Office of the State Auditor (OSA) in 2011. This Report contains :a summary of the TIF reports and reviews and is provided annually to the chairs of the legislative committees with jurisdiction over TIF matters." In 1995, . the Minnesota Legislature assigned legal compliance oversight, for TIF to the OSA.2 This oversight involves examining and auditing the use of TIF by political subdivisions, as authorized by the Minnesota Tax Increment Financing Act (TIF Act). 3 The TIF Act requires an authority to file annual financial reports for each of its TIF districts with the OSA. This reporting requirement applies to all, TIF districts regardless of when they were created. An authority must submit its reports on or before August 1 of each year, starting in the year in which the district is certified. In 2009, the Legislature amended the statute containing the reporting requirements. This legislative change made it necessary for the OSA to change the reporting forms for the 2010 reporting year. As a result, comparisons of annual financial data obtained by the OSA from the forms . cannot accurately be made between 2010 and previous years. A total of 430 development authorities had 1,897 TIF districts for which they were required to file TIF reports with the OSA for the year ended December 31, 2010. To date, the OSA has received reports for 1,886 of the TIF districts. On August 16, 2011, the OSA sent letters to the remaining development authorities, addressed to the governing board of the municipality, advising them that the required reports had not been filed. a For authorities that had not filed completed reports by October 1, 2011, a notice was mailed to each of the applicable county auditors to withhold tax increment that otherwise would have been distributed to the authorities.5 A list of the authorities who have not submitted the required TIF reports I as of the date of this Report can be found in Appendix A. ' 1995 Minn. Laws, ch. 264, art. 5, § 34. 2 Minn. Stat. § 469.1771. 3 Minn. Stat. §§ 469.174 through 469.1799 inclusive, as amended. 4 Minn. Stat. § 469.1771, subd. 2a(a). 5 Minn. Stat. § 469.177 1, subd. 2a(a). iii TAX INCREMENT FINANCING LEGISLATIVE REPORT BACKGROUND Tax increment financing (TIF) is a tool 'created by the Legislature to support economic development, redevelopment, and housing development in areas where it would not otherwise occur. A development authority, which could be a city, an entity created by a city, or an entity created by a county, "captures the property tax revenues generated by an increase in net" tax capacity. New development within a designated geographic area, called a TIF district, generates the increase in tax capacity. The development authority uses the tax increment revenue to finance public improvements and other qualifying costs related to the new development. Tax increment financing is not a property tax abatement program. The owner of the property located in the TIF district continues to pay the same amount of property taxes that would have otherwise been paid. Instead of being ,paid to the local taxing jurisdictions for their general use, the portion of property taxes generated by . the new development is used to pay for public improvements and qualifying costs that made the new development possible. Examples of such costs include: land and building acquisition, demolition of structurally substandard buildings, removal of hazardous substances, site preparation, installation of utilities, and road improvements. The costs that may be paid from tax increment revenue depend on the type of development activity taking place, the type of TIF district created, and the year in which the TIF district was created. Development authorities within municipalities may create TIF districts.6 Development authorities derive their powers from the Housing and Redevelopment Authorities (HRA) Act, the Port Authorities Act, the Economic Development Authorities (EDA) Act, and the Rural Development Financing Authorities Act.' Any municipality administering a' city development district or the powers of a port authority under any general or special law is also a development authority.$ City council members may also serve on the board of an HRA, an EDA, or a port authority established by the city they serve. Counties do not have independent development powers but can establish county HRAs and EDAs on which county board members may serve. A development authority must be in place before a TIF district can be created. Each underlying development entity has unique development powers which come from the development authority. These powers identify the -purposes for which tax increment can be used. The TIF Act, however, limits the powers of the development authority.9 6 Minn. Stat. § 469.174, subd. 2 and subd. 6. Counties are defined as "municipalities" for projects undertaken by county development authorities. Minn.'Stat. §,469.174, subd. 2, lists the statutory citations for the HRA Act, the Port Authorities Act, the EDA Act, the City Development. Districts Act, and the Rural Development Financing Authorities Act. s Minn. Stat. § 469.174, sub. 2. HRAs, port authorities, and EDAs are public bodies, corporate and politic; rural development financing authorities are public nonprofit corporations; city development districts are designated areas within the corporate limits of a city 9 Minn. Stat. §§ 469.174 to 469.1799, as amended. The Act also provides procedures for establishing TIF districts and for the administration of districts, as well as providing additional development powers. 1 The development authority laws and the TIF Act are linked through the term "project. "10 The term "project" is used differently in each of the development authority laws. A project can be (1) any combination of a housing project, a housing development project, or a redevelopment project; (2) property /cash/assets /funds held or used in connection with the development or operation of a project in the HRA Act;" or, (3) a designated area within a city in the City Development Districts Act. 12 When the TIF Act was enacted in 1979, the Legislature intended a TIF district to be the parcel on which new development activity was occurring. The geographic area of a project was intended to be only modestly larger than the TIF district to permit tax increment revenue to be spent outside the district but within a larger area. Tax increment could then be used to connect utilities and other infrastructure from the developed area of the community to the site. However, no specific statutory limits were placed on the size of the geographic area of a project, and the development authority laws themselves do not contain explicit limits on the size of areas that can qualify as projects. Development Authorities In 2010, two new development authorities were created, for a current total of 430 active development authorities. Figure 1 below shows the number of new development authorities created over the past five years. Figure 1. Number of New Development Authorities Created 2006 - 2010 w8 ..- - -- --- - - -- - -- -- - -- - - --- - - --- d 6 Q 4 -_._ d C CL 0 2 Qi 0 0 2006 2007 2008 2009 2010 Year 10 Minn. Stat. § 469.174, subd. 8. '' Minn. Stat. § 469.002, subd. 12. 1' Minn. Stat. § 469.125, subd. 9. 2 Since 2006, 20 new authorities have been created. 13 The average population of the municipalities in which these new development authorities were created is approximately 899. Figure 2 below shows the average population of the municipalities with new development authorities. In 2010, the average population of the municipalities in which two new development authorities were created is 692. Figure 2. Average Population of Municipalities with New Development Authorities Created 2006 - 2010 1,600 _____.. - - - -- �. __ _— ---- - - - - -- - -_— - - - -- - - - - - -- - 0 1,200 -- - -- -- -- - -- -- ca 0 800 a 400 - - -- - - i 0 2006 2007 2008 2009 2010 Year Development Authorities by Location Development authorities using TIF powers are located throughout the State of Minnesota. Of the 430 development authorities required to submit reporting forms for 2010, 325 are located in Greater Minnesota and 105 are located in the Seven - County Metropolitan Area (Metro Area). Maps 1 and 2 on the following pages show the locations of these authorities. Map 3 identifies the various counties throughout the state that have created a separate authority for development purposes. 14 13 This number does not include the two new authorities created by municipalities already using TIF. This number also does not include the municipalities that had used tax increment in the past and have recently begun using tax increment once more. 14 This map does not include multi -county authorities. 3 MAP 1 Development Authorities in Greater Minnesota 2010 gittson I Roseau Lake of the Woods 0 Marshall Pennington Beltrami • •• �d L�k Pdl k learwa r • • N•rrlan Home Koochiching r, St Louis Lake Itasca • • • • %• 1 • • f •N Hubbard • Cass la • Becker • • • Y • • • • • • • • � den Aitki• Carlt Tail Welkin Otter• • Cr • • • • O&d Pine • • Ile GAnt las • Nrrristo L cs anabe • •• averse • Benton • • Cook *tev � 'Pope ISO's s ' • Authorities Big tarns Isa r Stone • • N Sherbur! • h Counties Swo • • : •,� Anoka KaWiyohi Muter `?rl *t Lac Win • • • • � in ton •• i9fcLeo • Yello • • • Carver Renville Medicine 00 ;6b Py Scott Dakota IS Lincoln LY4h Red•ood • • • • Goodl•e • •• Nicollet R e • Awn • ue • • • •Jabasha • ipeston • 0 Blue • Mu Cottonwood Earth as* S ele • • o� Ol &ted Winona wan • • R • Nobles • • r• •• • FiII�Tb • Howton La • • WA y_ October 2011 4 http yk leg mn MAP 2 Development Authorities in Metro Area 2010 • • Carver • J • • • • Anoka • • • • •Hennepi logo • • •• • • • • 0 0 /.4 • • • Scott • Authorities - Metro Area 0 Counties • • • 5 • • • J • 71� • • • • Washington >ey* • • • Dakota • w Octuber 2011 http: / /gis.leg,mn MAP 3 County Development Authorities with Active TIF Districts in 2010 Kittson Roseau Marshall Pennington Red Lake Polk C Norman ahnome Clay Becker Wilkin Otter Tail Lake of the Woods Beltrami r Hubbard I Cass Koochiching Itasca Aitkin Todd Mille Lacs Stevens Big Pope Stearns Isanti atone Sherburne Anokz Kandiyohi Meeker Wright Lac qui Chippewa Parle Hen Yellow McLeod Carver Medicine Renville Scott Sibley Lincoln Lyon Redwood Nicollet R e Brown ipeston Murray Cottonwood .,_. ase S el 6 St Louis Pine Cook Lake County Authorities 0 Counties GoodhurWabasha e Dodge , r I Fillmore I Houston cas October 2011 http: / /gis.leg.mn Creation of TIF Districts The first step a development authority takes in creating a TIF district is to adopt a TIF plan. The TIF plan outlines the• development activity to be funded with tax increment and authorizes the use of tax increment to pay TIF- eligible project Costs. 15 An authority must obtain approval of the TIF plan from the governing body of the municipality in which the TIF district is to be located after the municipality has published a notice for and held a public hearing. 16 For example, if a city's port authority proposes creating a TIF district in the city, the city council must first approve the TIF plan for the district. 17 If a county HRA proposes creating .a TIF district in a township in the county, the county board must approve the TIF plan. Before a TIF district is created, the development authority must provide a copy of the proposed TIF plan to the county auditor and the clerk of the school board who, in turn, provide copies of . these documents to the members of the county board of commissioners and the school board. 18 The county board and school board may comment on the proposed district, but cannot prevent its creation. 19 Types of TIF Districts TIF districts are divided into the following categories based on the physical condition of the site and on the type of construction that is to occur: • Redevelopment districts • Economic development districts • Housing districts. • Renewal and renovation districts • Soils condition districts • Compact development districts In addition to the types of districts listed above, there are districts that were created prior to the enactment of the TIF Act (called "pre -1979 districts ") and districts that have been created under special laws. Each type of TIF district has different requirements for its creation. Each type of district also has different maximum duration limits and different restrictions on the use of tax increment revenue. 15 Minn. Stat. § 469.175, subd. 1. 16 Minn. Stat. § 469.175, subd. 3. 17 In many cases, the commissioners of the TIF authority include some or all of the council members. . 18 Minn. Stat. § 469.175, subd. 2. 19 In those situations in which the county is the municipality that must approve the TIF plan, the county board may prevent creation of a TIF district. 7 Redevelopment Districts — The primary purpose of a redevelopment district is to eliminate blighted conditions 20 Qualifying tax increment expenditures include acquiring sites containing substandard buildings, streets, utilities, paved or gravel parking lots, or other similar structures; demolishing and removing substandard structures; eliminating hazardous substances; clearing the land; and installing utilities, sidewalks, and parking facilities. This activity, paid for with tax increment, is often referred to as "leveling the playing field." It allows developed cities to compete for development with outlying cities with bare land. Redevelopment districts are intended to conserve the use of existing utilities, roads, and other public infrastructure, and to discourage urban sprawl. Economic Development Districts — An economic development district need not meet the requirements of any other type of district. It is a type of district that consists of a project which an authority considers to be in the public interest because it will: (i) .discourage commerce, industry, or manufacturing from moving to another state or city; (ii) increase employment in the state; or (iii) preserve and enhance the tax base .2' Economic development districts are short-term districts (eight years).22 Tax increment revenue from economic development districts is used primarily to assist manufacturing, warehousing, storage and distribution, research and development, telemarketing, and tourism. Commercial development (retail sales) is excluded by law, except in "small cities. ,23 In 2010, development authorities were given temporary expanded authority to use tax increment in ways not previously authorized. In 2011, the Legislature extended this authority by one year. The purpose of the expanded authority is to stimulate the economy through assistance .to private development with an emphasis on creating and retaining jobs, including construction jobs, within the state. To underscore the immediacy of the need to create and retain jobs, the statute requires that construction commence no later than July 1, 2012, and the temporary authority to expend tax increment expires on December 31, 2012.. Housing Districts — The purpose of a housing district is to encourage development of owner - occupied and rental housing for low- and moderate- income individuals and families by using tax increment revenue as a type of financial assistance. Tax increment revenue can be used in the construction of low- and moderate- income housing, as well as to acquire and improve the housing site. The TIF Act's low- and moderate - income limits are the same income limits found in the Internal Revenue Code. 24 However, the income limits for "qualified" housing districts are tied to the stricter federal low- income tax credit guidelines, regardless of whether tax credits are used. The 2008 Minnesota Legislature repealed the definition of "qualified housing." Nevertheless, this more restrictive type of housing district designation continues to be used for qualified housing districts created prior to March 8, 2008. 20 Minn. Stat. § 469.174, subd. 10(a)(1). 21 Minn. Stat. § 469.174, subd. 12. 22 Minn. Stat. § 469.176, subd. lb(a)(3). 21 Minn. Stat. § 469.174, subd. 27, and Minn. Stat. § 469.1.76, subd. 4c. - 24 Minn. Stat. § 469.1761. Income limits for owner - occupied housing units are identified in section 143(f) of the Internal Revenue Code. Income limits for rental housing units are identified in section 142(d) of the Internal Revenue Code. Renewal and Renovation Districts — The purpose of a renewal and renovation district is similar to that of a redevelopment district, except the amount of blight to be'reinoved may be less, and the development activity is more closely related to inappropriate or obsolete land use. Soils Condition Districts — The purpose of a soils condition district is to 'assist in the redevelopment of property which cannot otherwise be developed due to the existence of hazardous substances, pollutants, or contaminants. The presence of these materials requires removal or remedial action before the property can be used, and the estimated cost of the proposed removal and remediation must exceed the fair market value of the land before the remediation is completed." Pre -1979 Districts — Districts created prior to the enactment of the.TIF Act on August 1, 1979, are called pre -1979 districts. On April 1, 1990, many of the pre -1979 districts still in existence had significant amounts of debt outstanding. Tax' increment from these districts could then be used only to retire that debt. Since'August 1, 2009, pre -1979 districts can no longer receive tax increment payments. 26 Exceptions are districts that were extended through special legislation or districts with hazardous substance subdistricts having terms longer than the TIF district. Uncodified Districts — A special law may be' enacted that permits the generation of tax increment revenue from a geographic area not meeting the definition of a type of TIF district authorized by the TIF Act. This type of district is referred to as an "uncodified" district. Examples of uncodified districts are housing transition districts for the cities of Crystal, Fridley, St. Paul, and Minneapolis, and a district with distressed rental properties in Brooklyn Park. Compact Development Districts — The purpose of a compact development district is to increase the square footage of the commercial /industrial buildings by three times or more. This type of district must meet a coverage test similar to redevelopment districts in that 70 percent of the area of the district must be occupied by buildings or similar structures classified as commercial /industrial property. The authority to create a compact development district expires on June 30, 2012. As of the date of this Report, the OSA has no record that any compact development district has been established. Special Legislation In some cases, special legislation has been enacted to allow an exception to the general law for a development authority. As of 2010, 122 TIF districts reported having received one or more pieces of special legislation. The most common reasons for enacting special legislation are: (1) extending the five -year deadline for entering into contracts or issuing bonds; 27 (2) extending 25 Minn. Stat. § 469.174, subd. 19. 26 Minn. Stat. § 469.176, subd. lc. 27 See Minn. Stat. § 469.1763, subd. 3. 0 the duration limit needed to create a increment. 30 3 of a TIF district; 28 (3) creating an exception to requirements or findings TIF district; 29 and (4) creating an exception to the limitations on the use of tax Number of TIF Districts In 2010, 96 percent of the TIF districts were redevelopment, economic development, and housing districts. Figure 3 below shows TIF districts by type statewide. Figure 3. As shown in Figure 4 and Figure 5 on the following page, redevelopment districts make up the largest percentage of districts in both the Metro Area and in Greater Minnesota. " See Minn. Stat. § 469.176, subd. 1 b. 29 See Minn. Stat. § 469.174 and Minn. Stat. § 469.175. so See Minn. Stat. § 469.176. 10 TIF Districts by Type Statewide for 2010 Economic Housing Development 29% 18% Soils Condition 1% Renewal and Uncodified Renovation 0% 1% Pre -1979 2% Redevelopment 49% As shown in Figure 4 and Figure 5 on the following page, redevelopment districts make up the largest percentage of districts in both the Metro Area and in Greater Minnesota. " See Minn. Stat. § 469.176, subd. 1 b. 29 See Minn. Stat. § 469.174 and Minn. Stat. § 469.175. so See Minn. Stat. § 469.176. 10 Figure 4. Figure 5. TIF Districts by Type in Metro Area for 2010 Renewal and Housing Economic Renovation 23% Development 3% 7% Soils Condition 2% Uncodified 1% Redevelopment 61% Pre -1979 3% TIF Districts by Type in Greater Minnesota for 2010 Soils Condition 0% Pre -1979 Economic 1% Development 23% Redevelopment 43% Housing Renewal and 32% Renovation 1% Economic development districts focus on job production rather than on clearance and preparation of a development site. Therefore, Greater Minnesota, with open space and a critical need for employment, uses economic development districts more frequently than the more fully - developed Metro Area. The land on which an economic development district is established may be bare land. The eight -year term of the district is generally sufficient as less tax increment is needed to pay for site preparation. Tax Increment Revenue by Type of District The amount of tax increment revenue generated from within a TIF district depends, in part, on the type of the district, the development activity occurring within the district, the length of its term, and the location of the district. In 2010, redevelopment districts made up 49 percent of the TIF districts in the state, but generated 81 percent of the state's tax increment revenue. Housing districts made up 29 percent of the TIF districts in the state, but generated only 10 percent of the tax increment revenue. Economic development districts made up 18 percent of the state's TIF districts, but generated only five percent of the tax increment revenue. As shown in Figure 6 below, redevelopment districts accounted for 82 percent of the tax increment revenue generated in 2010. Figure 6. 12 Tax Increment Revenue Generated by District Type for 2010 Renewal and Housing Renovation 10 %, Economic 2% i Development 5% Soils Condition 0% Uncodified Redevelopment 1% 82% Pre -1979 0% 12 Figure 7 below shows the tax increment revenue generated by district type as a percentage of the total tax increment in the Metro Area and Greater Minnesota. In 2010, 34 percent of the total number of TIF districts were located in the Metro Area; 66 percent were located in Greater Minnesota. However, 82 percent of the tax increment revenue generated in 2010 was from districts located within the Metro Area. Figure 7. Returned Tax Increment In calendar year 2010, development authorities returned $17,189,994 in tax increment revenue to the county auditor for redistribution to the city, county, and school district as property taxes. Some of the reasons tax increment revenue is returned include receiving excess tax increment revenue or improperly receiving tax increment revenue. 13 Tax Increment Revenue Generated by District Type in 2010 - Metro Area vs. Greater MN 100% -7 75% 50% 25% 0% __ Pre -1979 Redevelop- Renewal and Housing Economic Soils Uncodified ment Renovation Development Condition ■ Greater M N 11% 14% 10% 35% 49% 0% 0% M Metro Area 89% 86% 90% 65% 51% 100% 100% Returned Tax Increment In calendar year 2010, development authorities returned $17,189,994 in tax increment revenue to the county auditor for redistribution to the city, county, and school district as property taxes. Some of the reasons tax increment revenue is returned include receiving excess tax increment revenue or improperly receiving tax increment revenue. 13 Districts Certified for Calendar Year 2010 Once a municipality approves the creation of a TIF district, the county auditor certifies the original net tax capacity. 31 From the date it is certified, the increase in property taxes generated by new development is sent to the TIF authority to pay qualifying development costs. Figure 8 below shows the number of TIF district certifications by type in 2010. Figure 8. Certification Trends — Current and Five -Year The total number of TIF districts certified between 2009 and 2010 decreased by 30 percent. There was no change in the number of economic development districts certified. The number of housing districts certified decreased by 14 percent, while the number of redevelopment districts certified decreased by 50 percent. Minn. Stat. § 469.177, subd. 1. 14 The total number of TIF districts certified in the five -year period between 2006 and 2010 decreased by 57 percent. The number of economic development districts decreased by 54 percent. The number of housing districts certified decreased by 67 percent. The number of redevelopment districts certified decreased by 46 percent. Figure 9. Districts Decertified in Calendar Year 2010 After a TIF district's statutory term expires and the development costs have been paid, the district is decertified, and all future tax payments are redirected as property taxes to the city, county, and school district. The tax payments are no longer TIF revenues and are no longer subject to tax increment limitations. As Figure 10 on the following page shows, most of the districts decertified in 2010 were redevelopment districts. 15 TIF Districts Certified by Type 2006 - 2010 40 -- 30 - -- -- - - - - -- - -- - -- - - -- -- - — — 20 - -- - - - -- -- - -- — -- 10 -- — - 0 Fk Economic Development Redevelopment Housing Uncodifed Renewal and Renovation Soils Condition * 2006 24 28 36 3 1 0 1 0 2 0 0 1 0 0 2007 29 33 27 0 ■ 2008 34 28 26 0 ■ 2009 11 30 14 0 02010 11 15 12 1 0 0 Districts Decertified in Calendar Year 2010 After a TIF district's statutory term expires and the development costs have been paid, the district is decertified, and all future tax payments are redirected as property taxes to the city, county, and school district. The tax payments are no longer TIF revenues and are no longer subject to tax increment limitations. As Figure 10 on the following page shows, most of the districts decertified in 2010 were redevelopment districts. 15 Figure 10. Comparison of TIF Districts Certified and Decertified In 2010, 39 TIF districts were certified, and 147 TIF districts were decertified. Figure 11 on the following page compares the number of districts certified and the number of districts decertified by type. 16 TIF Districts Decertified by Type in 2010 Pre -1979 1 Economic Development 54 Redevelopment 69 Renewaland Housing Renovation 22 1 Comparison of TIF Districts Certified and Decertified In 2010, 39 TIF districts were certified, and 147 TIF districts were decertified. Figure 11 on the following page compares the number of districts certified and the number of districts decertified by type. 16 Figure 11. Ten -Year Trends Figure 12 on the following page shows the number of TIF districts certified over the last ten years. The number of districts certified dropped sharply between 2001 to 2002. The 2001 Tax Reform Act redirected the school district portion of commercial and industrial property taxes to the state. These property taxes were no longer available for use by development authorities. The redistribution of property taxes was likely a factor in the decline in TIF districts certified. Despite a slight increase in 2003, the number of districts certified has continued to decrease. Over the ten -year period covering 2001 through 2010, the number of districts certified decreased by 74 percent. 17 so Comparison of TIF Districts Certified and Decertified in 2010 70 - -- - - - - -- 60 f i 50 40 - -- 30 — -- I 20 --- - - - - -- — 0 -- - Pre -1979 Redevelopment Renewal and Renovation 0 15 0 1 69 1 Housing Economic Soils Condition Uncodified Law Development 12 11 0 1 22 54 0 0 ■Certified in 2010 • Decertified in 2010 Ten -Year Trends Figure 12 on the following page shows the number of TIF districts certified over the last ten years. The number of districts certified dropped sharply between 2001 to 2002. The 2001 Tax Reform Act redirected the school district portion of commercial and industrial property taxes to the state. These property taxes were no longer available for use by development authorities. The redistribution of property taxes was likely a factor in the decline in TIF districts certified. Despite a slight increase in 2003, the number of districts certified has continued to decrease. Over the ten -year period covering 2001 through 2010, the number of districts certified decreased by 74 percent. 17 Figure 12. As shown in Figure 13 below, the total number of TIF districts increased until 2004. Since 2004, there has been a steady decline. Figure 13. Number of TIF Districts 2001 - 2010 2,250 Number of TIF Districts Certified 2001 - 2010 150 -- -- - -- -- -- - - - -- 125 - - - - - - - - -- - -- - 100 - - - - - - - - -- - -- - -- -- -- - -- - - -- 75 - -- - - - - - - -- - - -- -- -- - -- -- - - - -- -- - 50 25 -- - - -- - -- - - - 2,150 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 As shown in Figure 13 below, the total number of TIF districts increased until 2004. Since 2004, there has been a steady decline. Figure 13. Number of TIF Districts 2001 - 2010 2,250 2,200 2,150 -- 2,100 2,050 2,000 - - - -- - -— 1,950 - - - - -- 1,900 1,850 - - -- - - - - -- 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 18 Figure 14 below shows the total amount of tax increment revenue received over the last ten years. Figure 14. Total Tax Increment Revenue Received 2001 - 2010 $350,000,000 -- --- - -- - - -- $300,000,000 $250,000,000 I $200,000,000 - - -- $150,000,000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 In 2002, tax increment revenue declined sharply, which was likely due to the 2001 changes to the property tax laws caused by the 2001 Tax Reform Act. After about three years of slow growth, tax increment revenue rose until 2009. Increase in local property taxes could be a factor in the increase of tax increment generated. The sharp decline in 2010 may have been caused by pre -1979 districts no longer collecting tax increment payments after August of 2009. Reported Debt Tax increment is property tax revenue generated from new development that would not occur but for the use of tax increment. Tax increment revenue is used primarily to pay for acquisition and site improvement costs necessary before new development can start. Tax increment revenue, however, is not generated until after the new development is completed, assessed, and paying property taxes. Therefore, tax increment costs are paid with debt obligations. If the new development does not generate the amount of tax increment revenue anticipated, the entity assuming the risk is the entity ultimately responsible for paying the debt. Debt obligations and how these obligations are secured become major factors in financing economic development. General obligation bonds and PAYG bonds are the two primary debt obligations used to finance qualifying tax increment costs. Although the 1,886 annual TIF forms report a total of $1,742,562,179 of outstanding debt in 2010, taxpayers are responsible only for that debt secured 19 by the municipalities' full faith and credit. Of the reported debt, approximately 24 percent is secured by the municipalities' taxpayers. Approximately 76 percent of the debt is secured by other revenue sources. Bonds are usually issued by a municipality or development authority to finance development activity, like land acquisition, site improvements, and public utility costs. The TIF Act defines bonds to include obligations such as the types of obligations currently reported to the OSA: 32 • General Obligation Bonds (G.O.) 0 Revenue Bonds • Interfund Loans • Pay -As- You -Go Obligations (PAYG) • Pooled Debt Obligations i Other Bonds General Obligation Bonds — A G.O. bond pledges the full faith and credit of the municipality as security for the bond. If tax increment is not sufficient to make the required debt service payments, the municipality must levy a property tax to generate the funds to pay the required debt service payments. Revenue Bonds - A revenue bond requires only the revenue generated from the TIF district to be,used for the required debt service payments and does not pledge the full faith and credit of the municipality as security for the bond. Interfund Loans — An interfund loan is created when an authority or municipality loans or advances money from its general fund or from any other fund for which it has legal authority. The loan or advance must be authorized by resolution of the governing body before money is transferred, advanced, or spent. The terms and conditions for repayment of the loan must be provided in writing and include, at a minimum, the principal amount, the interest rate, and maximum term. 33 The interfund loan may be forgiven if the tax increment generated is not sufficient to repay the interfund loan. Pay -As- You -Go Obligations — Under pay -as- you -go (PAYG), the development costs are initially paid by the developer pursuant to the terms of a (re)development agreement. After the. qualifying costs are substantiated, the developer is then reimbursed pursuant to the terms of the PAYG note if and when tax increment is generated by the TIF district. Generally, in PAYG financing, the developer accepts the risks of failed development. If sufficient tax increments are not generated as anticipated, the developer does not get reimbursed. 32 Minn. Stat. § 469.174, subd. 3. 33 Minn. Stat. §469.178, subd. 7. 20 Pooled Debt Obligations — A pooled debt obligation is any bond that is authorized to be paid with tax increment from two or more TIF districts, or any obligation to which the tax increment from two or more TIT districts has been pledged or is used to make debt service payments. Pooled debt obligations may include general obligation bonds, revenue bonds, or any other type of debt legally defined as a bond in the TIF Act. Other Bonds — Other bonds include all other bonds that a municipality or development authority may legally issue for which tax increment may be pledged to pay the required debt service payments. Figure 15 below shows the types of debt obligations reported as being used to finance improvements paid with tax increment revenue. Figure 15. Reported Debt by Type Revenue Bonds $208,173,325 General Obligation Bonds - $410,006,684 Other Bonds $20,782,485 Pooled Debt Obligations $156,966,852 ?1 Interfund Loans (from Non -Tax Increment Accounts) $153,152,537 Interfund Loans (from Other TIF Districts) $13,310,389 Pay -As- You -Go Obligations $780,169,907 2010 JOBS STIMULUS PROGRAM In 2010, development authorities were given temporary expanded authority under the Jobs Stimulus Program to use tax increment in ways not previously authorized. In 2011, the Legislature extended this authority by one year. The purpose of the expanded authority is to stimulate the economy through the assistance to private development with an emphasis on creating and retaining jobs, including construction jobs, within the state. To underscore the immediacy of the need to create and retain jobs, the statute requires that construction commence no later than July 1, 2012, and the temporary authority to expend tax increment expires on December 31, 2012. The tax increment to be used for this temporary Jobs Stimulus Program comes from one of two .sources: tax increment generated (1) from expanded authority through an economic development district, 34 or (2) through the use of available tax increment generated from existing districts. 35 The use of tax increment varies slightly depending on which of the two . options is chosen. Revenue from Economic Development Districts In general, tax increment generated from economic development. districts may be used only for manufacturing, warehousing, research and development, telemarketing, and tourism facilities. 36 The Jobs Stimulus Program allows a development authority to create an economic development district and use the tax increment generated to provide subsidies or assistance in any form to developments consisting of buildings and ancillary facilities if (i) the project will create or retain jobs in the state; (ii) construction of the project begins no. later than July 1, 2012; and (iii) the request for certification of the district is made after June 30, 2009, and no later than July 1, 2012.37 Development authorities are required to submit copies of the approved TIF plans for all newly created TIF districts. As of the date of this Report, the OSA has received TIF plans for 31 economic development districts created under the Jobs Stimulus Program. A summary of the economic development districts .created under the Jobs Stimulus Program can be found in Appendix B. Revenue from Existing Districts 'Under the Jobs Stimulus Program, development authorities were given temporary authority to use available and uncommitted tax increment revenue from any type of existing TIF district to create jobs. Assistance provided by the Jobs Stimulus Program includes direct investments in - businesses to finance the development. 38 The temporary authority to expend tax increment expires December 31, 2012. 34 Minn. Stat. § 469.176, subd. 4c(d). 35 Minn. Stat. § 469.176, subd. 4m. '6 Minn. Stat. § 469.176, subd. 4c(a)(1) to (7). 37 Minn. Stat. § 469.176, subd. 4c(d)(1) to (3).. J8 Minn. Stat..§ 469.176, subd. 4m. 22 Before an authority can use tax increment from an existing TIF district for the Jobs Stimulus Program, a written spending plan must be approved by the municipality that approved the original TIF district.3. As of the date of this Report, 35 spending plans have been submitted to the OSA. A summary of the spending plans approved under the Jobs Stimulus Program can be found in Appendix C. FINDINGS AND RESPONSES The OSA conducts. informal and limited reviews of development authorities. If an authority is not_inA legal compliance with the..TIF Act, an initial notice of'noncompliance (Initial. Notice) is sent to the governing body, of the, municipality that approved the TIF district in which the violation arose. The- Initial Notice provides the findings, the basis for the findings, and describes the possible consequences of the noncompliance. The municipality is required by law to respond in writing within 60 days after receiving the Initial Notice.. In its response (Response), the municipality must state whether it accepts the findings, in whole or in part, and must indicate the basis for any disagreement with the findings. After consideration of the Response, the OSA submits its final notice of noncompliance (Final Notice) to the municipality. The OSA forwards information regarding unresolved findings of noncompliance to the appropriate county attorney who may bring an action to enforce the TIF Act.40 If the county attorney does not commence an action against the authority within one year after receiving a referral of a Final Notice, the Final Notice is referred to the Attorney General. Summary of Findings and Responses State law requires the OSA to provide a summary of the Responses it received from the municipalities and copies of the Responses themselves to the chairs of the legislative committees with jurisdiction over tax increment financing. 4 1 This section of the Report summarizes the TIF legal compliance reviews and investigations concluded as of December 31, 2011. Initial Notices and Final Notices were sent to the following municipalities: 1. Duluth Economic Development Authority — An Initial Notice was sent on January 5, 2011. A Final Notice was sent on March 11, 2011. (Appendix, D.) 2. City of Stillwater — An Initial Notice was sent on August 30, 2011. A Final Notice was sent on October 21, 2011. (Appendix E.) 3. St. Paul Housing and Redevelopment Authority — The OSA completed a review of three TIF districts within the Saint Paul Housing 'and Redevelopment Authority. A letter acknowledging no findings of noncompliance was sent on August 18, 2011. (Appendix F.) 39 Although the Jobs Stimulus Program does not mandate filing the spending plan with the Office of the State Auditor, we request them pursuant to existing authority. Minn. Stat. § 6.74; see also §§ 6.48 to .51. 40 All information and communications remain confidential until the Final Notice is submitted. Minn. Stat. § 6.715. 41 Minn. Stat. § 469.177 1, subd. 1(c). 23 Complete copies of the Initial Notices and Final Notices and the municipalities' Responses are provided at the end of this Report. Failure to Comply with the Four -Year Rule Duluth Economic Development Authority TIF District 17 Bayfront In the Initial Notice, the OSA found that the Duluth Economic Development Authority (DEDA) improperly retained $81,436.27 of tax increment received from parcels in TIF District 17 Bayfront that did not qualify for retention. DEDA did not provide documentation to substantiate that qualifying improvements were made to any of the parcels in TIF District 17 Bayfront within four years from the date of certification, as required by the TIF Act's Four -Year Rule. Therefore, no tax increment should have been received from these parcels after October 3, 1999. In its Response, DEDA provided documentation to substantiate that qualifying improvements were made to two of the three parcels in the TIF district in the amount of $4,155.80. In addition, DEDA returned the remaining $77,280.47 to St. Louis County. In the Final Notice, the OSA considers this finding resolved. Improper Use of Tax Increment City of Stillwater TIF District No. I In the Initial Notice, the Office of the State Auditor found that the City was in violation of the TIF Act when it donated $80,000 of tax increment from TIF District No. 1 to the St. Croix River Crossing, a nonprofit corporation. In its Response, the City asserted that the $80,000 was not a "donation" to a nonprofit. Instead, the City re- characterized the money as a pass - through to lobbyists under an implied contract with the nonprofit. In the Final Notice, the Office of the State Auditor rejected the City's effort to re- characterize the nature of the payment for purposes of its Response. The City returned the $80,000 to Washington County. The OSA considers this finding resolved. 24 APPENDIX A This page left intentionally blank. Development Authorities That Did Not Submit Complete 2010 Annual TIF Reports • Appleton Economic Development Authority� • Biwabik . • Dassel. • Le Seuer-Economic Development Authority • Murdock • Raymond I ne Appleton Economic Development Authority has also not filed the required reporting forms for 2008 and 2009. APPENDIX B L Jobs Stimulus Program TIF Revenues from Economic Development Districts Minn. Stat. §469.176, subd. 4c (d) Self- reported to the Office of the State Auditor as of January 30, 2012 City of Alden. TIF 1 -1 Arnold. Companies The City of Alden established an economic development district for the purposes of property acquisition and making site improvements for a sales & service facility to be operated by Arnold Companies for agriculture, light construction, and consumer products. The estimated amount of tax . increment to be expended is $213,536. City of Baxter. Isle Drive TIF District The City of Baxter established an economic development district to facilitate the improvement and extension of Isle Drive in conjunction with proposed medical office projects, including the construction of a 4000 square foot two -story medical clinic. The estimated amount of tax increment to be expended is $1,091,439. City of Bloomington HRA. Penn and American TIF District , The City of Bloomington HRA established an economic development district to finance a mixed -use development. Phase I of the project is expected to include rental housing and retail uses; the second phase is expected to include restaurant and retail uses plus office use. It is anticipated that the project will result in peak employment of 250 construction workers, with long -term job creation expected to exceed 60 jobs in the,first phase of the project. The estimated amount of tax increment to be expended is $5,738,000. City of Cambridge. TIF Districts 6 -11 and 6 -12 TIF 6 -11 • The City of Cambridge established an economic development district to facilitate construction of a dentistry clinic and a future office building in the City. The construction will take place in two phases. The estimated amount of tax increment to be expended is $500,000. TIF 6 -12 • An economic development district was established by the City of Cambridge to facilitate the construction of a 40,000 square -foot facility on the site that will include manufacturing, office and warehouse space occupied by National Recycling, Inc. The district will be located on a 3.97 acre site from the City of Cambridge. The new facility will retain 7 full -time employees and create 13 new full -time positions at an average rate of $14 /hour. The estimated amount of tax increment to be expended is $2,700,000. City of Carver. TIF 1 -8 Mills Fleet Farm The City of Carver established an economic development district to finance the site preparation and streets and sidewalks costs related to the construction of a Mills Fleet Farm retail facility, including a gas station, car wash, and convenience store. The City anticipates the construction of.the facility will create approximately 140 full -time jobs, plus additional construction jobs. The estimated amount of tax increment to be expended is $1,676,084. City of Chisago City, TIF 1 -11 Hwy 8 & Sportsman - Drive The City of Chisago City established an economic'development district to facilitate the construction of a strip: mall and, -other retail facilities on the corner of Highway 8 and Sportsman Drive. The initial development will.include a,drive -in restaurant (McDonald's) and other retail business. The estimated amount of tax increment to be expended is $1,500,000. City of Cloquet, TIF.3- 1.Dagota Systems The City of Cloquet- established an economic development district to facilitate construction of a manufacturing facility for Dagota',Systems, Inc. The proposed facility will be used for manufacturing and_ engineering related to factory automation, research & development, and energy - related engineering. The estimated amount of tax increment to be expended' is $256,000. City of Colombia Heights.. City -Wide Scattered Housing TIF District The City.:of Colombia Heights established an economic development _district to facilitate the redevelopment and sale of new single- family homes in Anoka County and through the Greater Metropolitan Housing Corporation. The estimated amount of tax increment to be expended is $1,573,000. City of:Faribault, TIF 11 Mike's Garage The City of Faribault established':an economic development district to assist in the land purchase, clean -up, and new construction of an automotive service station located on the City's main gateway corridor. As a result of the project, four jobs will be retained and 5 new jobs created immediately, With an additional 20 or more jobs added over time. The estimated amount of tax increment to be expended is $127,045. City of Fergus Falls, TIF 4 -9 The City of Fergus Falls established an economic development district to assist in the construction of a 34 =unit assisted living facility on property occupied by the Lakeland Hospice & Home Care Facility, located at 394 and Woodland Drive. Job creation is expected; and the estimated amount of tax increment to be expended is $374,432. - City of La Crescent, TIF 6 -1 The City of La' Crescent established an economic development district to assist in the development of a 3,500 square -foot funeral home. The estimated amount of tax increment to be expended is $51,894. City of Lindstrom, TIF 1 -6 NABPCO Auto Parts The City of Lindstrom established an economic development district to assist in the construction of a retail auto parts facility. Tax increment from the proposed district will finance the infrastructure needs and site improvement costs to relocate the NABPCO Auto Parts business. The costs will be incurred due to the realignment of Highway 8. The estimated amount of tax increment to be expended is $85,000. City of Little Falls, TIF 1 -38 AirBorn Expansion and Relocation Project The City of'Little Falls established an economic development district to facilitate a 50,000 square -foot facility for AirBorn. Employment will be expanded. The estimated amount of tax increment to be expended is $3,952,936. City of Ldne Prairie TIF 1 -10 The City of Long Prairie established an economic development district to assist Long Prairie Packing with the installation of a methane digester on an 8.16 -acre parcel adjacent to Trunk Highway 71 on the North side of the City. The estimated amount of tax increment to be expended is $1,324,709. City of Melrose. TIF 7 -1 The City of Melrose established an economic development district to facilitate the construction of a 10;000 square foot facility used to manufacture and assemble fiberglass fishing boats by Warrior Boats. The estimated amount of tax increment to be expended is $1,831,458. City of New York Mills. TIF 1 -11 The City of New York Mills established an economic development district to construct a 10- 12,000 square -foot facility to retain businesses and jobs in the community.. The estimated amount of tax increment to be expended is $188,391. City of Nisswa. TIF 1 -12 The City of Nisswa created an economic development district for the purpose of renovating, expanding, and equipping an existing facility for a 12 -bed assisted- living facility and adult day care program. The estimated amount of tax increment to be expended is $54,653. City of North Mankato Port Authority. TIF Districts 1 -20 1 -21 and 1 -22 TIF 1 -20 Ziegler Caterpillar Project • The Port Authority of the City of North Mankato established an. economic development district to assist with the construction of a sales, service, and warehouse facility for Ziegler Caterpillar. The company estimates that 12 new jobs will be created over the next five years, which are in addition to the employees already working at the existing North Mankato location. The estimated amount of tax increment to be expended is $765,736. TIF 1 -21 Allstate Peterbilt Project • The Port Authority of the City of North Mankato established an economic development district to assist with the construction of a __17,.260 square -foot truck and trailer parts and service facility for Allstate Peterbilt Group. The company estimates that 15 -20 new jobs will be created over the next two years. The estimated amount_ of tax increment to be expended is $228,063. TIF 1 -22 Lindsay Expansion Project • The Port Authority of the City of North Mankato established an economic development district to assist with a 20,000 square -foot expansion of Lindsay Window and Door. The company estimates that 15 new jobs will be created over the next two years. The estimated amount of tax increment to be expended is $148,525. City of.Pipestone. TIF 1 -12 The City of Pipestone established an economic development district to facilitate the development of a 35,000 square -foot Coborn's grocery superstore. The estimated amount of tax increment to be expended is $652,300. City of Prior Lake, TIF 1 -4 The City of Prior Lake established an economic development district to facilitate a 7,000 square -foot expansion of the River Valley Vet Clinic. The estimated amount of tax increment to be expended is $96,000. City:of Rochester, TIF Districts 38 -1 and 40 -1 TIF 38 -1 • The City of Rochester established an economic development district to develop a' 47 unit multi - family . "rental- housing . development. The estimated amount of tax increment to be expended is $1,013,376. TIF 40 -1 • The City of Rochester established an economic development district to facilitate, the construction of a 27,600 ground floor grocery store with 62 units of market -rate rental apartments on the top :31floors of the building. The estimated amount of tax increment to be expended is $3,345,550. City of Roseville. TIF 19 Appiewood Pointe Senior Cooperative Housing The City of Roseville created an economic development district to finance a multi -phase development comprised of a 94 -unit senior cooperative building and 93 -unit assisted- living facility. The estimated amount of tax increment to be expended is $2,450,551. City of Saint Louis Park. Hardcoat TIF District The City of Saint Louis Park EDA established an economic development district to assist Hardcoat, Inc., complete renovation of a manufacturing facility to be used for high -tech surface coating applications. The City determined that this renovation will ensure the retention of 14 employees from its current location and anticipates that additional construction jobs will also be created or retained. The estimated amount of tax increment to be expended is $376,186 City of Saint Paul HRA: Cossetta Project The City of Saint Paul HRA established an economic development district to facilitate the expansion of an existing restaurant and food market known as Cossetta's Italian Market and Pizzeria. Specifically, the project includes the construction of a new building, the renovation and internal reconfiguration of existing space, and related parking improvements. The estimated amount of tax increment to be expended is $641,155. City of Sartell, TIF S =4 The ..City11of Sartell-- established an economic development district to facilitate the construction of 75 market -rate apartments in the City within the Grand View Estates South complex. The estimated amount of tax increment to be expended is $876,213. City of Sauk Ranids.HRA: TIF 20 Torberg Apartments The. City` of Sauk Rapids HRA established an economic development district to facilitate the construction ,of a market- rate rental housing development consisting of 16 townhome units and 138 apartment units. Tax increment will be used to assist with the cost of site improvements and infrastructure. The development is.expected to add 35 full -time jobs over a two -year period. The estimated amount of tax increment to be expended is $1,826,525. City of Shoreview, TIF 7 Southview Senior Living The City of Shoreview established an economic development district to assist with demolition, site improvements and other improvements to construct a 105 unit congregate, assisted living and memory, care facility. The development is expected to create 33 full -time equivalent jobs and an estimated 110 construction jobs. The estimated amount of tax increment to be expended is $1,215,000. l� APPENDIX C This page left intentionally blank. Jobs Stimulus Program TIF Revenues from Existing Districts Minn. Stat. § 469.176, subd. 4m Self- reported to the Office of the State Auditor as of January 30, 2012 City of Bloomington HRA, Oxboro 0 -1 and Oxboro 0 -3 TIF Districts The City of Bloomington HRA approved a spending plan to authorize the use of available tax increment funds to provide assistance for housing and commercial projects, including parking facilities, in the Normandale Lakes District, South Loop District, and the Penn & American Phase I Redevelopment Area. The maximum amounts of tax increment to be available are $600,000 and $450,000 from the Oxboro 0 -1 and Oxboro 0 -3 TIF Districts, respectively. City of Breckenridge. TIF 4 The City of Breckenridge approved a spending plan to authorize the use of available tax increment funds to provide assistance for exterior, fagade, accessibility, code and energy efficiency improvements that will serve to preserve the existing buildings. At the time the spending plan was approved, the City had identified one specific project to receive assistance: A forgivable loan in the amount of $100,000 will assist the Greenquist Building Project in funding several exterior improvements. Additional projects will be discussed by the council. The specific amount of tax increment to be made available from TIF District 4 is $300,000. City of Brooklyn Center, TIF 2 The City of Brooklyn Center approved a spending plan authorizing financing of the costs that link a local hotel to businesses close by. The spending plan did not identify a specific amount of tax increment to be available. City of Brooklyn Park EDA. TIF 15, TIF 16. and TIF 18 The City of Brooklyn Park EDA approved a spending plan authorizing the use of available tax increment from TIF Districts 15, 16, and 18 to fund the City's Construction Assistance Program, providing assistance for private development projects requiring a minimum of $50,000 in financing. The spending plan did not identify a specific amount of tax increment available from the TIF districts. City of Cambridge. TIF Dist 6.8 SE Cambridge Industrial Area The City of Cambridge approved a spending plan authorizing the use of available tax increment, up to $72,000, from TIF 6.8, for purposes consistent with the. law. The spending plan did not identify a specific project. City of Coon Rapids, TIF Districts 1 -6. 1 -29. and 3 -1 The City of Coon Rapids approved two spending plans to authorize the use of available tax increment from three TIF Districts for the projects described below. TIF 1- 6'MF1: • Assistance to Autumn Glen Senior Living, LLC, in the amount of $420,000 for the construction of a 100 -unit senior housing campus. The project is expected to create at least 25 new jobs with an average hourly wage of $12. TIF 1 -29 Oak Manor: • Assistance to Biovest International, Inc., in the amount of $103,000 for the rehabilitation of its current facility to accommodate an increased production of its vaccine for non - Hodgkin's lymphoma. The City anticipates this project to retain at least 24 full -time positions, and to create at least 14 new positions paying no less than $15 per hour. • Assistance to MEDRAD, Inc., in the amount of $27,000 for the expansion of its current facility. The project is estimated to retain 220 full -time positions and to create at least 30 new positions paying an average wage of $33.65 per hour. TIF 3 -1 Oppidan — Village 10 • Assistance to MEDRAD, Inc., in the amount of $313,000 for the same project identified above. City of Delano, Honeytree TIF District and Hwy 12 Hardees TIF District The City of Delano approved a spending plan to authorize the use of available tax increment from two TIF Districts to fund an incentive program for new construction (residential or commercial) offering of $5,000 to write -down permitting fees. The City estimates available tax increment to be $93,807 and $62,150 for the Honeytree and Hwy 12 Hardees TIF Districts, respectively. City of Detroit Lakes, Various TIF Districts The City of Detroit Lakes approved a spending plan to authorize the use of available tax increment from seven TIF Districts to provide assistance for (i) commercial projects, including but not limited to, the DLM Downtown Properties Project, (ii) property acquisition, building demolition, site improvement, and utilities costs in the Crescent Redevelopment Area, and (iii) parking facilities, including but not limited to, the parking lots and improvements in the Central Business District. The specific amount of tax increment to be made available from the TIF Districts is $488,703. City of Duluth EDA The City of Duluth EDA approved a spending plan to authorize the use of available tax increments for potential future projects qualifying under the Jobs Bill. The spending plan does not identify a specific project or amount of assistance to be made available. City of Elk River HRA, TIF 16 King and Main The City of Elk River HRA approved a spending plan authorizing the use of available tax increment for construction or rehab of buildings for (i) outpatient medical clinics, (ii) Class I restaurants of at least 50 seats, (iii) green manufacturing or other renewable energy facilities, and (iv) general light industrial or manufacturing. The spending plan does not identify a specific project or amount of assistance to be made available. City of Farmington, Downtown Redevelopment TIF District The City of Farmington approved a spending plan to authorize the use of available tax increment from the Downtown TIF District to provide assistance to a developer for the construction of a medical /office building. The specific amount of tax increment to be made available from the TIF districts is $65,000. City of Fosston. TIF 7 Post Office Project The City of Fosston approved a spending plan to authorize the expenditure of available tax increment from TIF District 7 to provide assistance to Overmoe & Nelson, Ltd. The funds will be used to acquire and redevelop a site for a 2,160 square -foot office building. The City will require the developer to agree to create at least one full -time job. The specific amount of tax increment to be made available from the TIF district is $24,900. City of Glencoe. TIF 15 Industrial Park Expansion The City of Glencoe approved a spending plan to authorize the use of available tax increment from TIF 15 to assist Midwest Research Swine, Inc., in financing certain equipment and improvements to the Developer's laboratory space. Construction of the improvements will create or retain at least two full -time jobs. The specific amount of tax increment to be made available from the TIF district is $60,000. City of Inver Grove Heights, TIF 4 -1 SE Quadrant The City of Inver Grove Heights approved a spending plan to authorize the use of available tax increment from TIF 4 -1. The tax increment will be used to provide assistance to Inver Grove Heights Investment, LLC, to finance development of the Argenta Hills area, including the completion of a 135,000 square -foot retail anchor store together with 15,000 square -feet of additional commercial space. The project will create or retain at least 14 new full -time construction jobs at the site. The specific amount of tax increment to be made available from the TIF district is $1,250,000. City of Isanti. TIF Districts 8.9. and 10 The City of Isanti approved a spending plan to authorize the use of available tax increments from three TIF districts for the amounts and purposes listed below. TIF 8 ICC Industrial Park: • Assistance to Prairie Senior Cottages of Isanti, LLC, in the amount of $200,000 for the land acquisition and construction of senior memory-care facility. The project will create approximately 10-15 jobs with an average wage of $25 per hour including benefits. • Assistance to H.M. Chris, LLC, in the amount of $50,000 for land acquisition and for construction of a childcare center. Approximately three new jobs with average wages of $7- $9 per hour will be created. • Assistance to Stawski & Stawski, Inc., in the amount of $35,000 for the construction of a restaurant expansion to Wintergreen Golf and Grill. The expansion will create 3 to 10 new jobs with wages from $8 to $20 per hour including benefits and tips. TIF 9 CBD Revitalization: • Assistance to Stawski & Stawski, Inc., in the amount of $15,000 for the project described above. TIF 10 Restart Industrial Park: • Assistance to C.L. Hough, LLC, in the amount of $50,000 for the construction of an industrial manufacturing expansion. The project will create approximately 5 -8 new jobs with wages ranging from $10 -$12 per hour. City of Lindstrom, TIF 1 -2 The City of Lindstrom approved a spending plan to authorize the city to use available increments from TIF 1 -2, for any of the uses outlined in the statute. The spending plan does not identify a specific project. The specific amount of tax increment to be made available from the TIF district is $475,000. City of Little Canada, TIF 3 -2 Rice Street Redevelooment The City of Little Canada approved a spending plan to authroize the use of available tax increment from TIF 3 -2 to assist in completing build -outs of rental space for a multi- tenant building. The building, a former Knox lumber site that had been converted to an office /warehouse. The developer /owner had been unable to obtain financing to finish the build -outs to attract new tenants. The spending plan does not identify a specific project or amount of assistance. City of Minnetonka EDA, TIF 1 -2 Boulevard Gardens The City of Minnetonka EDA approved a spending plan to authorize the use of available tax increment from TIF 1 -2 to defray a portion of certain City utility charges owed by Glen Lake Senior Housing Development, LLC, in connection with construction of an approximately 150 -unit senior rental housing development in the City. Construction will create approximately 30 new jobs. The specific amount of tax increment to be made available from the TIF district is $100,000. City of Monticello EDA, TIF 1 -22 Downtown Dist The City of Monticello EDA approved a spending plan to authorize the use of available tax increments from TIF 1 -22 for purposes allowed under the law. According to the council meeting minutes, tax increment will be used to help finance infrastructure costs associated with the Semper Development /Walgreens project, provided that the recipient create or retain at least three full -time jobs for $400,000 of assistance provided. The spending plan does not identify a specific project or amount of assistance. City of Montrose. TIF 2 -1 Jeff -Ex Proi The City of Montrose approved a spending plan to authorize the use of available tax increment from TIF 2 -1 for (i) assistance for new commercial construction; (ii) assistance with the rehabilitation of the former Stock Lumber building; and (iii) administration associated with TIF 2 -1. The specific amount of tax increment to be made available from the TIF district is $23,200. City of New Brighton, TIF Districts 23, 25, 27, 28, 30, and 33 The City of New Brighton approved a spending plan authorizing the use of available tax increment in the amount of $1,200,000 from six TIF districts for the construction of a 120 -unit apartment building. The spending plan authorizes the City to expend approximately $300,000 of available tax increment to reimburse itself for costs associated with the development. City of Plymouth. TIF 7 -4 Hoyt - Tech Park The City of Plymouth approved a spending plan to authorize the use of available tax increment from TIF 7 -4 to provide a loan or other form of assistance for the construction of a 67 -unit affordable housing development. The specific amount of tax increment to be made available from the TIF district is $600,000. City of Ramsey. TIF Dist 1 and TIF Dist 2 The City of Ramsey approved a spending plan to authorize the use of available tax increment from TIF District .1 and TIF District 2, for the purpose of providing assistance to F & C Ramsey LLC for the construction of a mixed -use development consisting of market rate rental housing and retail. The specific amount of tax increment to be made. available from the TIF districts is $1,400,000 and $2,400,000, respectively. City of Richfield HRA. Interchange TIF District and Lyndale Gateway West TIF District The City of Richfield HRA approved a spending plan to authorize the use of available tax increment from two TIF districts to provide assistance to, Lyndale Gardens, LLC, to finance the acquisition and redevelopment of the Lyndale Garden Center. The project is expected to create or retain at least 25 new construction jobs. The HRA estimates available increment from the Interchange and Lyndale Gateway West TIF Districts to be $951,445. The specific amount of tax 'increment to be made available to Lyndale Garden Center from the TIF districts is $650,000. City of Saint Joseph, TIF 1 -4 St. Joseph Development, LLC The City of Saint Joseph approved a spending plan to authorize the use of available tax increment from TIF 1 -4 for the purpose of (i) assisting St. Joseph Meat Market with an expansion to the current facility and (ii) assisting Mill Stream Shops /Lofts to construct improvements to their facility to accommodate a new restaurant. The City anticipates providing assistance in the form of a deferred loan, which will be forgiven if the owner continues ownership for 10 years. The specific amount of tax incrementlo be made available from the TIF district is $60,000. City of Saint Louis Park, Various TIF Districts The City of Saint Louis Park EDA approved a spending plan to authorize the use of available tax increment from nine TIF districts to fund the City's Construction Assistance Program. The program was created to spur the immediate construction, expansion, or rehabilitation 'of commercial /industrial /mixed use buildings. The spending plan does not identify a specific project. The specific amount of tax increment to be made available from the TIF district is $1,600,000. City of Saint Paul. Housing and Redevelopment Authority The City of Saint Paul approved a spending plan to authorize the use of available tax increment to fund..housing projects, health care facilities, and other various uses. The specific amount of tax increment to be made available is $7,700,000. City of Saint Paul Port Authority, Westminster Junction and Energy Lane TIF Districts The City of Saint Paul Port Authority approved a spending plan to authorize the use of available increments from two TIF districts for potential future projects qualifying under the Jobs Bill. The spending plan does not identify specific projects. The specific amount of tax increment to be made available from the TIF district is $1,300,000 of available increment fro_ m the Westminster Junction District, and $518,000 from the Energy Lane District. City of Saint Peter, TIF 1 -15 Washington Terrace The City of Saint Peter approved a spending plan to authorize the use of available tax increment from TIF 1 -15 to assist the private redevelopment project being undertaken by Kwik Trip, specifically to provide safe vehicular access and reconstruction of utilities. The specific amount of tax increment to be made available is $300,000. City of Sauk Rapids HRA, TIF 16 and TIF 18 The City of Sauk Rapids HRA approved a spending plan to authorize the use of available increments from TIF 16 for the'construction of a commercial building and infrastructure within the real property known as VL Properties. The specific amount of tax increment to be made available is $149,999. The City later approved an `additional spending`` plan to authorize an increase in the amount of available tax increment from .TIF 16 to $280,000. This spending plan also authorizes the use of approximately $50,000 from TIF 18. The spending plan does not identify A project. City of Shoreview. TIF 5 Mun De"v Dist 2 Victoria Ctr — Shoreview Mall The City of Shoreview approved a spending plan to authorize the use of available tax increment from TIF 5 for the following uses: (i) To create a business loan program; (ii) To write -down the costs of the permitting fee for new construction projects; (iii) To provide funds to facilitate commercial (re)development; and (iv) To offset the cost of public infrastructure needed to support development - including Owasso Blvd, Lexington Ave, and Red Fox Road. The specific amount of tax.increment to be made available is $1,653,078. City of Stillwater. TIF 1 Downtown The City of Stillwater approved a spending plan to authorize the use of available tax. increment. from TIF 1 to help fund the City's Downtown Fagade Program and Commercial Building Fund. The City intends to approve the guidelines for a specific program prior to any of the increment .being expended. The specific amount of tax increment to be made available is $3,000,000. City of West St. Paul. TIF 1 -1 South Robert Street The City of West St. Paul approved a spending plan to authorize the use of available tax increment from TIF District. 1 -1. The EDA used the tax increment for its "housing replacement program." The EDA purchased two lots, demolished the existing structures, and sold the lots to housing developers at a write -down. Developers have now begun construction on each of the parcels. Construction jobs have been created. The specific amount of tax increment to be made available is $150,000. Town of White Bear EDA, TIF Districts 1.2.9 and 12 through 20 The Town of White gear EDA approved a spending plan to authorize the use of tax increment to redevelop the Ayd"e property (1201 Birch Lake Boulevard North) and any other private development in the town for which the EDA- finds that the private development will create or retain jobs. The spending plan does not' identify a specific amount of assistance. City of Winsted. TIF 6 Downtown Redevelopment The City of Winsted approved a spending plan to authorize the use of available tax increment from TIF 6 to be spent for the implementation of a loan program to provide incentive financing for the exterior beautification of commercial /mixed use buildings in the downtown area. The specific amount of tax increment to be made available is $40,000. This page left intentionally blank. STATE OF MINNESOTA A• %. •�„sD OFFICE OF THE STATE AUDITOR �'s • :'aye SUITE 500 525 PARK STREET REBECCA OTTO SAINT PAUL, MN 55103 -2139 STATE AUDITOR January 5, 2011 The Honorable Don Ness, Mayor The Honorable Jeff Anderson, Council Member The Honorable Patrick Boyle, Council Member The Honorable Tony Cuneo, Council Member The Honorable Todd Fedora, Council Member The Honorable Jay Fosle, Council Member The Honorable Sharla Gardner, Council Member The Honorable Dan Hartman, Council Member The Honorable Jim Stauber, Council Member City of Duluth 411 W 1St St. Duluth, MN 55802 Re: Duluth EDA's TIF Districts — Initial Notice of Noncompliance Dear Mayor Ness and Council Members: (651) 296 -2551 (Voice) (651) 296-4755 (Fax) state.auditor @state.mn.us (E -mail) 1- 800 - 627 -3529 (Relay Service) On September 21 through September 23, 2009, the Office of the State Auditor (OSA) performed an on -site examination of the tax increment financing (TIF) district records of the City of Duluth's Economic Development Authority (EDA). The examination covered the following districts: TIF District 17 Bayfront, TIF District 19 Tech Village, TIF District 20 NW Coridor- United Health Care, TIF District 21 Garfield Bus Ctr, TIF District 22 First Street Medical Facilities Development, and TIF District 23 Fifth Street Development District. The examination resulted in one finding that the EDA has not complied with state law governing the use of tax increment financing. The EDA failed to comply with the four -year rule. This Initial Notice of Noncompliance (Notice) contains our finding and comments regarding the examination. All data relating to the examination, including this Notice and the City's response (Response), are not public until the OSA has issued its final report.) 1 Minn. Stat. § 6.715. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Duluth January 5, 2011 Page 2 State law requires the City send its Response in writing within 60 days after receipt of this Notice. The Response must state whether the City accepts the finding, in whole or in part, and the basis for any disagreement. After reviewing the Response, the OSA is required to forward information on any unresolved issues to the St. Louis County Attorney for review.2 If the City pays to the County an amount equal to the amount in noncompliance indicated in this Notice, the OSA will consider the finding to be resolved. Minnesota law provides that the City will receive its proportionate share of the redistribution of the funds that have been returned to the County, if the City makes the payment within 60 days after the City receives this Notice.3 FINDING OF NONCOMPLIANCE The OSA's finding of noncompliance regarding the EDA's TIF districts is as follows: Finding. TIF District 17 Bayfront— Failure to Comply with Four -Year Rule A TIF authority must perform certain activities (qualifying improvements) on each parcel in the TIF district in accordance with the TIF plan within four years from the date the TIF district was certified, or the parcel(s) must be removed from the TIF district. This provision is known as the "four -year rule. "4 If, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to section 469.177, no demolition, rehabilitation, or renovation of property or other site preparation, including improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel. TIF District 17 Bayfront was certified on October 3, 1994. The EDA did not provide documentation to substantiate that qualifying improvements were made to all of the parcels in TIF District 17 Bayfront within four years from the date of certification. z Minn. Stat. § 469.1771, subd. 1. 3 Minn. Stat. § 469.1771, subd. 5. 4 See Minn. Stat. § 469.176, subd. 6. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Duluth January 5, 20.11 Page 3 We find that ,the EDA retained parcels in TIF District 17 Bayfront that did not qualify for retention under the four -year rule and, therefore, no tax increment was to have been received from the parcels after October 3, 1999. Any tax increment that was received must be returned. Based on information received from St. Louis County, the EDA received $81,436.27 of tax _increment for TIF` District 17 Bayfront. The city decertified TIF District 17 Bayfront on November 18, 2009, but has not'retuined any tax increment from this district as of the date of this letter. CONCLUSION The Response to this finding must be submitted in writing to the OSA within 60 days after receipt of this Notice. We are available to review and discuss the findings within this letter at any time during the preparation of the Response. After reviewing your response, the OSA will issue the Final Notice of Noncompliance. If you have any questions, please call me at (651) 296 -7979. We look forward to receiving your response. Very truly yours, /s /Arlin Waelti Arlin Waelti Assistant State Auditor TIF Division Director cc: John Heino, EDA Commissioner Don Monaco, EDA Commissioner Christine Townsend, EDA Commissioner Nancy Aronson Norr, EDA Commissioner Wayne Parson, City Auditor Kevin Schamberg, Financial Analyst Brian Hanson, Executive Director David Montgomery, Chief Administrative Officer Adele Hartwick, Chief Financial Officer This page left intentionally blank. City Auditor - Wayne Parson, CPA i�ft�twal 411 West First Street -Room 107 - Duluth, Minnesota - 55802 -1190 218 -730 -5450 - Fax 218 -730 -5919 wgarson',.duluthmn.gov - www.duluthmn.eov March 4, 2011 Ms. Arlin Waelti Assistant State Auditor TIF Division Director Office of the State Auditor Suite 500 525 Park Street Saint Paul, MN 55103 -2139 Dear Ms. Waelti: This letter is in response to your Initial Notice of Noncompliance for certain Duluth EDA TIF Districts dated January 5, 2011. Your notice had a finding for TIF District 17 (Bayfront). The finding was that qualified redevelopment activities had not occurred on each parcel in the TIF district in accordance with the TIF plan within four years from the date the District was certified and, therefore, tax increment collections totaling $81,436.27 should be returned by DEDA. We have researched our records and have discovered that a significant road improvement project in excess of $2 million to Railroad Street was commenced by the City within four years of the certification date. The Railroad Street improvement project was adjacent to two of the three parcels located in TIF District 17. Accordingly, tax increment received from those parcels, $4,155.80, can be retained by DEDA. For the remaining parcel, we could not ascertain that qualifying improvements occurred within four years of the certification date of the District. Tax increment from this parcel was $77,280.47. On August 30, 2010, DEDA returned unspent tax increment totaling $16,351.00 from TIF District 17 to Saint Louis County. This leaves a balance of $60,929.47 in tax increment from the parcel that had no qualifying improvements. That amount, $60,929.47, is being returned to Saint Louis County as of the date of this letter. Sincerely; Wayne Parson, CPA (Inactive) City Auditor Citizens and Government working together to provide an environment in which our community can enhance Its quality of life and continue to prosper The City of Duluth uses paper produced exclusively in Minnesota. using wood from responsibly managed forests. ° °TOR STATE OF MINNESOTA _ . OFFICE OF THE STATE AUDITOR 6� ,0 SUITE 500 525 PARK STREET REBECCA OTTO SAINT PAUL, MN 55103 -2139 STATE AUDITOR March 11, 2011 The Honorable Don Ness, Mayor The Honorable Jeff Anderson, Council Member The Honorable Patrick Boyle, Council Member The Honorable Tony Cuneo, Council Member The Honorable Todd Fedora, Council Member The Honorable Jay Fosle, Council Member The Honorable Sharla Gardner, Council Member The Honorable Jacqueline Halberg, Council Member The Honorable Dan Hartman, Council Member The Honorable Jim Stauber, Council Member City of Duluth 411 West First Street. Duluth, MN 55802 (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditor @state.maus (E -mail) 1- 800 - 627 -3529 (Relay Service) Re: Final Notice: Audit of the Duluth Economic Development Authority (DEDA) Tax Increment Financing Districts (TIF Districts). Dear Mayor Ness and Council Members: On January 5, 2011, the Office of the State Auditor (OSA) sent the City of Duluth (City) an Initial Notice of Noncompliance (Initial Notice) regarding the following TIF Districts of DEDA: TIF District 17 Bayfront, TIF District 19 Tech Village, TIF District 20 NW Corridor- United Health Care, TIF District 21 Garfield Bus Ctr., TIF District 22 First Street Medical Facilities Development, and TIF District 23 Fifth Street Development District. The OSA received the City's response (Response) in a letter dated March 4, 2011, from Wayne Parsons, City Auditor. This letter is the final notice (Final Notice) of the Office of the State Auditor. It summarizes the initial finding of the OSA and the City's Response, and provides the final conclusion of the OSA regarding the issue raised by the review. A detailed discussion of the basis for the finding can be found in the Initial Notice. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Duluth March 11, 2011 Page-2 INITIAL NOTICE OF NONCOMPLIANCE Only one finding of noncompliance was made. Finding. Tax Increment Financing District No. 17 Bayfront Failure to Comply with Four -Year Rule As stated in the Initial Notice, the OSA found that DEDA :improperly retained $81,436.27 of tax increment received from .parcels retained in TIF District 1.7 Bayfront that did not qualify for retention. DEDA did not, provide documentation to` substantiate that qualifying improvements were made to any of.the parcels in TIF District 17 Bayfront within four years from the`date of certification, as required ,by. the TIF Act's Four -Year Rule. Therefore, no tax increment was to have been received from these,parcels after October 3, 1999: RESPONSE OF THE CITY In the City's Response, Wayne Parson, City Auditor, stated that the Railroad Street improvement project of the City was commenced within four years of.the certification date of the district. The street improvements, however, were adjacent to only two of the three parcels in TIF District No. 17. The City forwarded documentation to substantiate these improvements and to demonstrate that th'e road improvements were adjacent to two of the three parcels in the TIF district. Thus, two parcels were in compliance with the Four -Year Rule; one parcel was not. Tax increment in the amount of $4,155.80 was received from the two parcels in the district that were in compliance with the Four-Year Rule. Tax increment revenues from these parcels were retained by DEDA. No documentation was provided to show that improvements made to the third parcel in the district complied with the Four -Year Rule. The tax. increment received by DEDA from this parcel totaled $77,280.47. On August 30; , 2010, DEDA returned to St. Louis County (County) unspent tax increment from TIF District 17 totaling $16,351.00. On'March 4, 2011, $60,929.47 was returned to the County for a total of $77,280.47. FINAL NOTICE — RESOLVED. The documentation. submitted by the City has been reviewed by the OSA. The documentation showed that two of the three parcels in TIF District 17 Bayfront were in compliance with the Four -Year Rule. Additional documentation showed that $77,280.47 in tax increment was returned to the County as a result of the failure of the third parcel-to comply with the Four -Year Rule. The Office of the State Auditor thereby considers this finding resolved. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Duluth March 11, 2011 Page 3 The `tax increment was returned to the County within 60 days from the date the City received its Initial Notice. The County Auditor's Office confirmed receipt of the money. Consequently, the City is entitled to receive its proportionate share of the County's redistri bution. CONCLUSION If you have questions, would like additional information, or if we can be of assistance in`the future, please do not hesitate to contact me. I can be reached at (651)' 296 -7979. Very truly yours, /s /Arlin Waelti Arlin Waelti Assistant State Auditor TIF Division Director cc: John Heino, DEDA Commissioner Don Monaco, DEDA Commissioner Christine Townsend, DEDA Commissioner Nancy Aronson Norr, DEDA Commissioner Wayne Parson, City Auditor Kevin Scharnberg, Financial Analyst Brian Hanson, Executive Director David Montgomery, Chief Administrative Officer Adele Hartwick, Chief Financial Officer APPENDIX E 'TOR STATE OF MINNESOTA ?- Z OFFICE OF THE STATE AUDITOR ''s •. aye SUITE 500 525 PARK STREET REBECCA OTTO SAINT PAUL, MN 55103 -2139 STATE AUDITOR August 30, 2011 The Honorable Ken Harycki, Mayor The Honorable Micky Cook, City Council Member The Honorable Doug Menikheim, City Council Member The Honorable Mike Polehna, City Council Member The Honorable James Roush, City Council Member City of Stillwater 216-4 1h Street North Stillwater, Minnesota 55082 -4807 (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditorgstate.mn.us (E -mail) 1- 800 - 627 -3529 (Relay Service) Re: City of Stillwater's TIF District No. 1 — Initial Notice of Noncompliance Dear Mayor Harycki and Council Members: The Office of the State Auditor ( "OSA ") reviewed the City of Stillwater's ( "City ") donation of $80,000 in tax increment from the City's TIF District No. 1 to the Coalition for the St. Croix River Crossing ( "Coalition "), a nonprofit corporation. After reviewing publicly available documents and documents the OSA received from the City, and after discussing the matter with the City, the OSA finds that the City is not in compliance with the TIF Act.I This Initial Notice of Noncompliance contains the OSA's finding.2 Minnesota law requires the City to respond in writing to the OSA within 60 days after receipt of this Initial Notice. The response must state whether the City accepts the finding, in whole or in part, and must indicate the basis for any disagreement. At the conclusion of the OSA's review, if the finding remains unresolved, a Final Notice of Noncompliance will be submitted to the City. If the OSA finds that the City violated a provision of the TIF Act for which a remedy is provided, the relevant information will be forwarded to the Washington County Attorney for review.3 All data relating to this review, including this letter and its response, are not public until the OSA has issued its final report.4 1 See Minn. Stat. §§ 469.174 to 469.1799 (2010). 2 The OSA's findings regarding issues related to the donation, other than the City's compliance with the TIF Act, are found in the OSA's public letter to the Mayor dated August 30, 2011. 3 See Minn. Stat. § 469.177 1, subd. 1 (b) (2010). 4 See Minn. Stat. § 6.715 (2010). OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater August 30, 2011 Page 2 BACKGROUND The Coalition is a nonprofit corporation formed to support the construction of a new bridge over the St. Croix River. The Coalition describes itself as a bi -state alliance of local government, business, community, and labor leaders, whose purpose is to educate citizens and to advocate in Wisconsin, Minnesota, Washington, D.C., and the media for the new bridge.5 The bridge supported by the Coalition is located, on the Minnesota side of the River, in the City of Oak Park Heights.6 The Coalition came to the City Council on July 5, 2011, and requested the City's financial support.7 In its presentation, the Coalition stated that its "message point" is that the current Lift Bridge (located on the Minnesota side of the River in the City of Stillwater) is obsolete, fracture - critical and unsafe, and the proposed bridge is "the right project in the right location." The Coalition described its purpose as allowing supporters of the new bridge to be organized, to speak with one voice, to make project decisions as public as possible, to lobby for congressional action and funding in Minnesota and Wisconsin, and to "win this time. "8 The Coalition explained that it had three lobbyists doing "double duty" at the state and federal level.9 If successful, the Coalition anticipated that the project would be ready to begin in July 2013. The City approved a donation of $80,000 to the Coalition. More specifically, the City agreed that $80,000 in tax increment would be paid from the City's TIF District No. 1, a redevelopment district established in 1985 that is required to be decertified at the end of 2011.10 According to the City Administrator, the funds were paid to the Coalition, but the City has no contract with the Coalition, and the City does not direct the Coalition's actions. FINDING OF NONCOMPLIANCE Finding: TIF District No. 1— Improper Use of Tax Increment The City's $80,000 donation to the Coalition from tax increment generated by TIF District No. 1 appears to be based upon advice the City received from the City Attorney. Specifically, the City Attorney wrote the following in an email with the subject "Bridge Consultant Expenses ": 5 See Coalition's website (www.stcroixcrossing.org) and the Coalition's presentation included in the City Council agenda packets for the July 5, 2011, City Council meeting. 6 Other bridge designs and locations have been proposed. See, e.g., Coalition's presentation included in the City Council agenda packets for the July 5, 2011, City Council meeting, available on the City's website. 7 The presentation was made by the Coalition's Executive Director, who is also one of the Coalition's lobbyists. 8 See Coalition's presentation included in the City Council agenda packets for the July 5, 2011, City Council meeting. 9 See City Council Meeting Minutes for July 5, 2011, at page 4. 10 See Minn. Stat. § 469.176, subd. Ib(a)(4) (2010). OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater August 30, 2011 Page 3 TIF District No. 1,, Development District No. 1, was established , to gather increment for use in the Downtown Historic area of the City. The Interstate [Liftl` Bridge rests on land in the Historic Downtown that is also in this District. One of the stated purposes in the Plan for the District is: "to provide for financing and construction of public improvements in and adjacent to the Development District, necessary for the orderly and beneficial development of the District and adjacent areas of the City." Mn. Stats. Sec. 469:474 Subd. 14 allows for the payment of "amounts paid to contractors or others providing services directly connected to the physical development of real property within the project." The construction of a new crossing for Stillwater and the conversion of the interstate .[Lift] bridge to a pedestrian walkway qualifies as a development of real property within the project as envisioned by the Plan. Based upon this reasoning, it is my opinion that the payment of contractors providing consulting services in support of state and federal legislation in support of the new bridge construction could be lawfully made from available increment generated by TIF District No. 1.11 The OSA disagrees with the City Attorney's conclusion that tax increment could be used for "the payment of contractors providing consulting services in support of state and federal legislation in support of the new bridge construction." The Coalition is involved in lobbying. The OSA has long taken the position that the use of tax increment for lobbying efforts is not authorized. 12 Furthermore, the $80,000 tax increment expenditure was neither paid to a contractor nor paid for consulting services. The City has no contract with the Coalition. The $80,000 was simply a donation to a nonprofit organization. 13 Under Minnesota law, tax increment must be used to finance or otherwise pay the capital and administration costs of the TIF district. 14 The Coalition's lobbying efforts are primarily in 11 See Email dated June 9, 2011, from Dave Magnuson forwarded to City Administrator on June 18, 2011. See also City Council Meeting Minutes for July 5, 2011, at pages 2 — 3. 12 For examples of the OSA's long - standing position that lobbying costs are not eligible for payment with tax increment, see the OSA's March 8, 2000, Tax Increment Financing Report at pages 19 -22 (Cities of Faribault and Cambridge), available on the OSA's website. The OSA is aware that tax increment has been used when the lobbying efforts are so closely related to a TIF district or project that the lobbying costs would constitute administrative expenses', such as seeking special legislation to extend the life of a TIF District. No such close relationship exists in the Coalition's lobbying efforts. 13 For further discussion of problems with a donation by a City, see the OSA's public letter to the Mayor dated August 30, 2011. 14 See Minn. Stat. § 469.176, subd. 4 (2010), referencing Minn. Stat. §§ 469.124 to 469.134. City TIF development districts must be within the corporate limits of the city. See, e.g., Minn. Stat. §§ 469.125, subd. 9, and 469.126, subd. 1 (2010). OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater August 30, 2011 Page 4 support of the construction of a bridge located outside the City. In addition, the Coalition's presentation. to the City Council.mentioned ..other improvements outside the City, such as the restoration of bluff cuts in Wisconsin and the removal of an old power plant coal barge terminal located in the City of Oak Park Heights. The City Attorney appears to conclude that the use of tax increment, for the donation would be 'a permissible "administrative expense." However, the statutory provision cited by the City Attorney prohibits "amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the. physical development ,of the .real property in the project" from being included 'as TIF District "administrative expenses. "15 Therefore; the donation_ may not be characterized as an "administrative. expense." In addition, the Coalition's efforts are not directly connected with the physical development of the real property in the project. The Office of the State Auditor finds that the City was in violation of the TIF Act when it donated $80,000 of tax increment from TIF District No. 1 to the Coalition. CONCLUSION The City's response to the OSA's finding must be submitted in writing to the OSA within 60 days after receipt of this Initial Notice. The OSA is available to review and discuss the findings at any time during the preparation of the City's response. If you have any questions, please feel free to call me at 651- 296 -7979, or Deputy .State Auditor /General Counsel Celeste Grant at 651- 297 -3673. We look forward to receiving the City's response. Very truly yours, /s /Arlin Waelti Arlin Waelti Assistant State Auditor TIF Division Director CC. Mr. Larry Hansen, City Administrator Ms. Sharon Harrison, City Finance Director Mr. David Magnuson, City Attorney 15 See Minn. Stat. § 469.174, subd. 14 (2) (2010). AWMSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN 71 HE GRAND GARAGE 324 MAIN STREET SOUTH • SUrrE #260 STMLWATE& MN 55082 -5165 TELEPHONE: (651)439-9464 - FAcsWLE: (651)439 -5641. - -------- ---- - - -r., 110Z -Z 9 AS W Ww.MAGNtJSOxI►w�iM.COM DAVID. T. MAGNUSON. _ JOHN D: MAGNUSON 'DTMAGNUSON@MAGNUSONLAWFMXCOM .' . JDMAGNUSON ®MAGNUSONLAWFMM.COM September 21; 2011 Arlin Waelti Ms. Celeste, Grant . Assistant State Auditors TIF Division Director Office of the State Auditor 525 _Park`.Street, Suite 500 St.•Paul, MN.55103 -2139 . Re: Response of the City of Stillwater to- City TIF District No. 1 Initial Notice of Noncompliance. Dear Ms. Waelti and Ms. Grant: The long Standing policy.'of the Auditor's Office that, Tax Increment should not be used .to . fund the efforts of .a. .lobbyist. and has been. applied with few exceptions. This response, however, will demonstrate. that mi this instance .the. City had authority to use' Tax Increment to fund lobbying efforts based on unusual and unique circumstances. 1982 haws - of Minn. 888 -91, ch. 523, art.. 38 §§ 3, 6, established the distinction between a TIF "district" and a'"project area," Based upon,the 1982 legislation, the city: established Municipal Development District No. 1 and TIF District No. 1: The Development District and the %TIF. District were certified On' June 10, 1985 and modified on . April 30, .1990 to create `what was ' termed a "Master . Plan", that authorized tax increment generated in TIF, Financing Districts. 1, and other Districts; to be used to pay project costs anywhere in the "project area" of Development District No. 1.1. The map, attached as Exhibit "A" is a..copy of :Figure 2 -1 from the 2006 Supplemental Final EIS and 4(f) evaluation for :the New St. Croix River Crossing and prepared by the U.S. Department of Transportation (FHWA), MnDOT. and WisDOT. Superimposed on. figure 2 -1 for purposes of this response; and shown in yellow,, is Development District No. 1 and TIF District No. 1. 1 in addition to a qualifying certification date, to qualify as a pre-1990 district, the city had to do one of the fallowing by lane 1, . 1991: (1) enter into a development agreement for acquisition of a site in the district, (2) issue bonds, or •(3) acquue.propeity in the district Bonds were issued in TIF Dist 1. before June 1st, 1991, $700,060 General .Obligation Tax Bonds. Series 1989 B MCSTAR project). 1990 Laws. of Minn, ch. 6.04, art. 7 §§ 21,30 and 31(a) Ms. Arlin Waelti and Ms. Celeste Grant September 20, 2011 Page 2 ' Exhibit "A" was annotated by FHWA to indicate the number of factors cited as evidence of the purpose and need of the new crossing; as evidence 'of the transportation problems inihe District: The following transportation problems are referenced: I. Lifts of the existing : bridge . limit capacity and cause delays and problematic queuing in the District and connected neighborhoods., all within the District.. . I Maintenance activities caused by the poor physical conditions of the bridge cause delays and traffic. diversion to low capacity roads in the District. 3. Narrow streets within the District and - limited space due . to river bluffs within the District and residential and historic commercial property within the District limit possibility for alternate routes: 4. Pedestrians in the District add to congestion and safety problems. 5. Restricted geographics . in - Downtown Stillwater (in the District) limit traffic flow to one lane in each direction and limit ability of large vehicles to make turns. 6:. Traffic volumes at Downtown intersections 'of.Nelson/Main , .Olive/Main, Myrtle/Main and Main and .Third and Chestnut exceed capacity (all within the District) and queuing on all these streets cause intersections . to be blocked at peak.hours of traffic. 7.. The crash rate in the District is about 90% higher, than average crash rate for two lane urban highways in Minnesota. . 8.' Queuing spillback from Downtown Stillwater typically extends from Downtown Stillwater to Sunnyside area (from the. Bridge to the south edge of the District). 9. Proximity of the Bridge to the Downtown area (the District) precludes the possibility of major elevation changes, of raising, the height of the Bridge -or eliminating the need for a Lift Bridge. 10. Emergency response times for Hospital, Fire Department and Sheriff Department are affected during peak periods. All of these problems are noted as present conditions thatFHWA predicts to get worse. Daily bridge traffic is now counted at 19,000 Annual Average Daily Traffic 2 Ms: Arlin Waelti and Ms. Celeste Grant September 20, 2011 Page.3 (AADT) on summer weekends. For a peak hour regular commute, the delay results in 19 hours in, total delay over the course of a year. - The predicted average in vehicular traffic, if realized by 2030; will degrade traffic `operations in Downtown Stillwater on the River Crossing and arterial approaches and will double average delay, queue length and daily hours . of congestion.. For the daily commuter, almost a work week out of every year would-be spent in stalled traffic in the District. Exhibit "B" pages 2 -1 through 2 -16. Minn. Stat. §469.126 (within Minn. Stat.. §469.124 to §469.134) grants to the City. within Development District No. 1, the power to "(1) promote developments aimed at improving the .quality of ... tigftortation" (emphasis added).. Minn: Stat. §469.174 grants authority to the City to administer a Development District created pursuant to §469.124 to §469.134 and authority to finance and pay the capital and administration costs of a Development District as defined in Minn. Stat. §469.125, subd. 9. Minn. Stat. §469.176; subd. 4, allows tax increment to be used by the City to finance or otherwise . pay. the capital and administrative costs of a Development District pursuant to §469.124. to §469.134. In plain language, the City was granted express authority to spend Tax Increment to fund development aimed at improving the quality of transportation within TIF District No. 1. The TIF law, therefore, contains an express grant of authority to address the very deficiencies that exist within the District. Authorization is given not only to use TIF funds to fund development. aimed at improving transportation problems, but also to rp omote development aimed at addressing the quality of transportation in the District. Lobby Costs Are Promotion Costs A further unique circumstance that justifies the use of a lobbyist to promote the New River Crossing is the need for passage of a Congressional Act to exempt the New- Crossing from Section 7(a) of the Wild Rivers Act. The full text of the latest . 7(a) analysis is not included with this material since the analysis and supporting data contains. 104 pages. What is enclosed as Exhibit "C'.' is the cover letter that' was sent along with the 7(a) analysis to the St: Paul office of the FHWA by Ernest Quentono, Regional Director of the National Park Service, a division of the U.S. Department of Exterior dated October 15, 2010. In that letter the National Park Service concluded that. the New Crossing simply cannot be built, no matter the extent of mitigation, without violating Section 7(a). The letter also gives the FHWA an explanation regarding just how to seek Congressional authority to exempt this project from the Wild. River Act. In plain language, without an exemption from Congress the new crossing cannot be built. There is no alternative but to seek the passage of a special law. Acts of Congress require the aid and skill of professionals to assist in the promotion of the special.law needed to build this project aimed at improved transportation in the District. To rp omote means to urge the adoption of, to attempt to sell or popularize, to advocate. By giving authority to "promote", authority is expressly. given to secure the services of a promoter, 3 Ms.. Arlin Waelti and Ms. Celeste Grant September 20, 2011 Page 4 an active supporter and advocate. A. "promoter" is practically synonymous with "lobbyist'. .Below are the definitions of both lobbyist .and promoter from Black's Law Dictionary, 4th Addition. LOBBYIST. One who makes it a business 'to. procure the .passage of bills. pending. before a legislative .body: One "who makes it : a business to . `see' members and procure, by persuasion, importunity; or the use of inducements, the passing .of bills, public as well private;. which involve gain- to the promoters. 1 Bryce, Am. Coal: 156. PROMOTEIL _ One who promotes, urges on, encourages, incites, advances, etc. Martin v. Street Improvement Dist. No.. 324 of the City of Little Rock 167 Ark. 108; 266 S.W. 941, 942. One promc iting. a plan by which it is hoped to insure :the success of:a venture. Caskfe v. State Corporation Commission, 14.5 Va. 459, 134 S.E. 583, 584. "Lobbyist" is defined by Minnesota Statutes only for the purpose. of defining who must register with the state.2 There are many exceptions to 'the. registration rules.. For instance, elected officials who .lobby the legislature or: congress are permitted to' lobby without registering with the: state. Further, a city staff member who. lobbies may do so without registering with the state, provided.they spend less than 50 hours per month on lobbying efforts. 'The word lobbyist is not a precise term. Therefore, a lobbyist is also a promoter of the`law needed to allow this transportation project to move forward. A series of circumstances result in authority to pay a lobbyist promoting approval . of a New River Crossing with funds generated from TIF District No. 1 because most of the area within the District has problems with traffic congestion from the old bridge. The TIF Act gives express 1 authority to. promote development aimed at improving transportation and the one and only path to. a New River Crossing is the passage of a law by Congress. A lobbyist is essential to the purpose of passing this required act of congress. Expenses Are Closely Related The Initial Notice describes OSA's long standing position that. lobbying costs are not eligible for payment with' Tax Increment, but admits that OSA is aware that Tax Increment has been used when the lobbying efforts as so closely related to the TIF District or policy that the lobbying costs would constitute administrative expenses, such as seeking special legislation to extend the life of A. TIF District. OSA then concludes that "no such close relationship exists in the coalition lobbying efforts." .Z Nine. Stat. ¢19A.01. Subd. 21 4 Ms.. Arlin Waelti and Ms. Celeste Grant September 20, 2011 Page 5 The OSA cites as. evidence of the lack of closeness of purpose that a new bridge will be located outside of the City and that part of the Environmental Mitigation Plan is to. remove an old barge terminal in the. City of Oak Park Heights and the restoration of bluff cuts in Wisconsin. While this information is true, it has little or no relevance to the aim of improving traflic problems in District 1. First of all, the only feasible way to: improve transportation is to close the Historic Lift Bridge to traffic. The closing 'of the bridge is the development aimed at improving traffic in the District. The location of a new crossing-is not important as long as the new crossing is located outside the District.. What the OSA does not mention, is that the Mitigation Plan also includes removal of the Terra Terminal Building (within the District) and the preservation of the site for relocation of a historic. building that will be displaced from its- present location in Oak Park Heights to the former. Terra Terminal site (within the District), and the. construction of a looped trail system that will enhance pedestrian and bike opportunities within the District. - . Mitigation efforts are important to the project, but are incidental to development of a project that is aimed at improving transportation within the District, the .closing, of the Historic Lift Bridge to vehicular traffic. It is difficult to imagine a project that is more closely related to an expressly authorized District purpose. And, since lobby expenses are for promoting a transportation project, the . expenses are not directly commcted with the physical development of real property in the project. Therefore, Minn. Stat. § 469.174, subd. 14(2) (2010) does not prohibit the expense from being characterized as an administrative expense. The Lack of an Express Written Contract Does Not Prohibit the Payment of TIF Proceeds for an Expressly Permitted Purpose Even though a written contract should have been made between the. Coalition and . the' City,' the TIF Act does not require that a written contract be made with a consultant before TIF funds, otherwise authorized, may be made to them. A .violation occurs when funds are expended for "a .purpose that is not a permitted purpose under Section 469.176." For instance, Bond counsel services and other legal services related to the financing of TIF Bonds- are administration expenses; and payments are routinely made to Bond counsel and other expert lawyers. The special relationship between TIF authority and their lawyers are usually long standing, but written retainer agreements Are uncommon. Payments to these professionals do not violate the TIF Act. If the OSA requires a written- contract to be in place between an authority and all third party consultants, a new level of scrutiny would be required to insure compliance. Each District would require an audit to insure that a written contract is in place with each lawyer, consultant, planner, ' engineer or architect that provides services to a TIF District, a burdensome requirement for all Districts. 5 Ms. Arlin Waelti. and Ms. Celeste Grant September 20, 2011 Page .6 A Contract Need Not Be In Writing A written .contract for those providing services is often not in. place. because the authority :and the consultant are acting . pursuant to a contract implied in. fact, In Minnesota, . the distinction between an express written contract and one implied. in fact involves no difference in' legal effect, -but lies merely in the mode of manifesting assent. Capital Warehouse Co. v. McGill- Wainer - Farnham -Co., 276 Minn. 108,149 N.W.2d 31 (1967). In'' the , present instance, the assent was manifested by the presentation , of the Coalition to the City Council on July 5, 2011 and the City's acceptance of that,proposal by action-.of a majority of the City Council. The implied contract wasi . noiffor a donation, but for the Coalition as a non - profit- created solely for the: purpose of promoting a New River- Crossing to pass -through funds. from this .TIF District and other entities such as Washington County, to Lobbyists under contract with the Coalition for'. the purpose of lobbying Congress for.. -a new: crossing.. Further, Minn. Stat. §16C.05 contains state regulations .for local government contracts: such as the requirement: of an "audit clause." The statute also. recognizes "implied" contracts.. The. statute states, "Contracts made by it unit of local government must, include express or implied, an audit. clause. "3 It is agreed that the best practice is to have express written contracts with all third party vendors and, in the future, this City is committed to a policy that requires a written' contract before any payments are made to any third party providing services.. Whether. a "purpose" is a. permitted project under section 469.176, should not be determined on the basis that the Coalition. and the City. did not have a written contract 4 Conclusion: We trust that the additional information set forth in this response, will prove helpful to your review. We have shown transportation problems are spread throughout Development District No. 1,. and that the City. has authority to promote developments aimed at improving transportation. Therefore, it has the authority to pay lobbyist services 3 Minn. Stet §160.05, sub& 5. . d Minn. Stet §460.1771, sub& 3 2 V.v v V David T Magnuson Stillwa er'City Attorney DTM/dq Enclosures ccs: The Honorable Ken Harycki, Mayor The Honorable Micky Cook, City Council Member': . The Honorable Doug Menikheun, City Council Member ~. The Honorable Mike Polehna, City Council Member The Honorable James Roush, City Council Member Mr. Larry Hansen, City Administrator Ms. Sharon Harrison, City Finance Director . LarsonAllen, LLP, City's Auditors 'Mr. Michael Wilhelmi, Coalition's Executive Director 7 ITPR �• � �z REBECCA OTTO STATE AUDITOR October 21, 2011 STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 PARK STREET SAINT PAUL, MN 55103 -2139 The Honorable Ken Harycki, Mayor The Honorable Micky Cook, City Council Member The Honorable Doug Menikheim, City Council Member The Honorable Mike Polehna, City Council Member The Honorable James Roush, City Council Member City of Stillwater 216 — 4th Street North Stillwater, Minnesota 55082 -4807 (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditor @state.mmus (E -mail) 1- 800 - 627 -3529 (Relay Service) Re: City of Stillwater's TIF District No. 1 — Final Notice of Noncompliance Dear Mayor Harycki and Council Members: The Office of the State Auditor ( "OSA ") reviewed the City of Stillwater's ( "City") donation of $80,000 in tax increment from the City's Tax Increment Financing ( "TIF ") District No. 1 to the Coalition for the St. Croix River Crossing ( "Coalition "), a nonprofit corporation. The OSA found that the City was not in compliance with the TIF Act, and issued the City an Initial Notice of Noncompliance on August 30, 2011 ( "Initial Notice ").1 The Coalition returned the $80,000 to the City.2 The City responded to the OSA's Initial Notice in a letter dated September 21, 2011 ( "Response "). In its Response, the City disagreed with the factual and legal bases of the OSA's Initial Notice. The City did not return the $80,000 to Washington County for redistribution.3 This letter is the OSA's Final Notice of Noncompliance ( "Final Notice "). It provides the OSA's final conclusions regarding the issues raised during this review. 1 See Minn. Stat. §§ 469.174 to 469.1799 (2010). 2 See City Council Meeting Minutes for September 13, 2011, at page 3. 3 The authority must pay the county auditor an amount equal to the expenditures made in violation of certain TIF laws. See Minn. Stat. § 469.1771, subd. 3 (2010). See also the OSA's Statement of Position ( "SOP ") on Redistribution of Tax Increment, available on the OSA's website (www.auditor.state.mn.us). The OSA reminded the City of this requirement and enclosed a copy of the SOP in a letter to the City Attorney dated September 8, 2011. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 2, City's TIF District No. 1 The City's TIF District No. 1 is a redevelopment district established in 1985. The District must be decertified at the end of 2011.4 According to the most recent report the City filed with the OSA, the District had a tax increment balance of $4,419,121 as of'December 31, 2010.` The City, as the development authority, may spend "tax increment from the District after the District has been decertified, in accordance with the TIF Plan for approved project costs. FINDING OF NONCOMPLIANCE Finding: TIF District No. 1— Unauthorized Use of Tax Increment The OSA finds that the City's $80,000 donation to the Coalition from tax increment generated by TIF District No. 1 was an unauthorized use of tax increment. 1. A donation to a nonprofit is not a qualified expenditure of tax increment. A donation of tax increment to a nonprofit corporation is not a permitted purpose under the TIF laws. Therefore, the $80,000 payment was not a qualified expenditure of tax increment from TIF District No. 1. In its Response, the City asserts for the first time that the $80,000 was not a "donation" to a nonprofit. Instead, ,the City re- characterizes the money as a pass - through to lobbyists under an implied contract with the nonprofit.5 The OSA rejects the City's effort to re- characterize the nature of the payment for purposes of its Response. The City is wrong on the facts. During the OSA's review of this matter, the City and the Coalition repeatedly" and consistently described the "City's payment to the Coalition as a "donation." The Coalition's Executive Director, the City - Administrator, and the City Attorney each described the payment as a "donation. "6 In addition, the City Administrator and the City Attorney each specifically denied that the City had a contract with the Coalition.? The Coalition's presentation to the City Council on July 5, 2011, does not discuss entering into a contract with the City, either express or implied. The City Council was not engaged in contract negotiations. Instead, the Coalition came to the City Council to solicit a donation. According to the meeting minutes, the Coalition was "requesting funding from various sources to continue 4 See Minn. Stat. § 469.176, subd. Ib(a)(4) (2010). 5 See City's Response, at pages 5 and 6. 6 See enclosed Statement of Nancy J. Bode regarding telephone conversations with Coalition's Executive Director Michael Wilhelmi, City Attorney David Magnuson, and City Administrator Larry Hansen. 7 See id. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 3 with the mission. "8 The 'Coalition's Executive Director requested $80,000 in financial support from the City, and the City Council approved "$80,000' TIF funding to the Coalition. "9 No limitations or conditions were imposed on the payment approved by the City Counci1.10 Therefore, as a factual matter, the City had no contract with the Coalition .' ' The City is also wrong as a legal matter. The Coalition's presentation to the City Council was not a contractual offer, and the City's approval of the donation was not an acceptance` of the offer. No terms on which any implied contract could have been based were provided. The Coalition never, agreed to provide goods or services to the City. The case cited by the City, Capital Warehouse Co., Inc. v. McGill - Warner- Farnham Co., 276 Minn. 108, 149 N.W.2d 31 (1967), does not support the City's contention that the' City had an implied contract with the Coalition. In that case, the appellant stored commercial furniture in a warehouse. The appellant paid monthly storage bills submitted by the warehouse.l l The Minnesota Supreme Court affirmed the lower court's decision that the warehouse was entitled to receive payment for additional labor and services furnished to the appellant. Given the facts presented, the Court had no problem finding that the warehouse had provided appellant a commercial service that was not gratuitous. In sharp contrast, no commercial transaction existed between the Coalition and the City. The City did not pay the Coalition based upon invoices submitted by the Coalition for services rendered to the City. The City's payment to the Coalition was purely gratuitous. Under the City's view, any donation of funds to a nonprofit would create an implied contract between the donor and the nonprofit even where no limitations were placed by the donor on the use of the donated funds. ' The OSA knows of no support for the City's novel position, and the City offers none. " Minnesota law generally requires a written itemization of claims prior to payment, and the vendor must declare that the money is owed and no part of it has been paid. 12 The lack of 8 See City Council Meeting Minutes for July 5, 2011, at page 2. For example, one City Council member asked what the City's Independent Business Association was doing to raise funds for the Coalition. See id., at page 5 (Council Member Menikheim's question). 9 See id., at pages 2 and 5. 10 See id., at page 5. 11 See Capital Warehouse Co., Inc. v. McGill- Warner- Farnham Co., 276 Minn. 108, 111, 149 N.W.2d 31 (1967). 12 See Minn. Stat. § 47 -1.38, subd. 1 (2010). The - statute provides, in relevant part: [W]here an account, claim or demand against any county, local social services agency, county board of education for unorganized territory, school district, town or home rule charter city of the second, third or fourth class, or any park district, for any property or services can be itemized in the ordinary course of business, the board or officer authorized by law to audit and allow claims shall not audit or allow the claim until the person claiming payment, or the person's agent, reduces it to writing or an electronic transaction OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 4 supporting documentation for expenditures has historically resulted in OSA findings of noncompliance with the TIF Act.13 The City's $80,000 payment was not made in response to a claim/invoice for services rendered. It was a donation, and the City had no assurance of what, if anything, it might receive from the Coalition in return. The City's assertion that lobbying contracts are often not in place is also contrary to the City's own prior conduct. According to reports the City provided to the OSA, the City has expended $728,193 for contracted lobbyists from 1996 — 2008.14 The City fails in its effort to re- characterize the donation as a pass - through to lobbyists under an implied contract with the Coalition. The City had no recourse if the Coalition failed to use the donation to pay lobbyists. If accepted, the City's argument that the $80,000 was a pass - through to lobbyists under an implied contract with the nonprofit would thwart Minnesota's lobbying disclosure laws. While the Coalition's Executive Director is registered as a lobbyist for the Coalition, he is not registered as a lobbyist for the City. 15 Furthermore, the Coalition has claimed that any contracts it may have with lobbyists are "non- public, trade secret" documents. Under the City's new theory, a city could hire lobbyists through another entity, and the lobbyist would never need to report that the lobbying was being done on the city's behalf. The City had no contract, implied or otherwise, with the Coalition for lobbying services. A donation of tax increment to a nonprofit corporation is not a qualified expenditure of tax increment from TIF District No. 1. 2. Payment to a nonprofit organization that states it is lobbying for the construction of a bridge located outside the City is not a qualified expenditure of tax increment from the City's TIF District No. 1. record, in items and signs a declaration to the effect that such account, claim, or demand is just and correct and that no part of it has been paid. The City is a home rule charter city of the third class. See Minn. Stat. 410.01 (2010). See also Minn. Stat. § 412.271 (2010) (statutory cities). 13 See, e.g., Cities of Gaylord and St. Michael described in the OSA's 2004 TIF Legislative Report, or City of Coleraine described in the OSA's 2007 TIF Legislative Report, available on the OSA's website. 14 See OSA's annual Local Government Lobbying Services reports available on the OSA's website. See also the City's Legislative Consultant Contract dated April 19, 2011, between the City and The Conach Group discussed in the OSA's public letter to the City dated August 30, 2011. According to the City Attorney, the City has paid lobbyists $871,000 since 1992. See City Council Meeting Minutes for September 6, 2011, at page 3. 15 See Minnesota Campaign Finance and Public Disclosure Board's website at: htti)://www.cfboard.state.mn.us/lobby/lobbassc.html#W. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 5 Simply entering into a contract with the Coalition would not resolve the OSA's' finding of noncompliance. The OSA has long taken the position that the use of tax increment for lobbying efforts is not authorized.16 In .2000, the OSA reported . this position to the Legislature in matters regarding the Cities of Faribault and Cambridge. 17 If the Legislature disagreed with the OSA's interpretation of the TIF Act,-, it could have amended the TIF Act. It idid not.. ' Therefore; it appears the Legislature agrees with the OSA's position. . The City acknowledges that tax increment may only be used for the purposes contained in Minn. Stat. § 469.176,, subd. 4. Under that statutory subdivision, a city development authority may only use tax increment "to finance or otherwise pay the capital and administration costs of a development district pursuant to sections 469.124 to 469.134." 18 The City concedes, as it must, that lobbying expenses are not capital costs of the development district.19 Therefore, the City attempts to argue that lobbying expenses are administrative costs of TIF District No. 1.20 In support of its position, the City notes that lobbying costs are not listed in Minn. Stat. § 469.174, subd. .14. The City then argues that lobbying expenditures are authorized under Minn.. Stat. § .469.126, subd. 2. (1), because payments to the Coalition "promote" a development within TIF District No. 1. First, the City tries to divert attention from the construction of a new St. Croix River bridge located outside the City to the closing of the City's Historic Lift Bridge.21 However, the Coalition's stated lobbying effort is to obtain an exemption from the Federal Wild Rivers.Act to allow construction of the new bridge.22 No change in the Wild Rivers Act is needed to close the Lift Bridge. Therefore, the closing of the Lift Bridge does not require the Coalition's services. 16 The OSA has provided TIF compliance oversight since 1995. As part of its oversight responsibilities, the OSA submits annual TIF Legislative Reports summarizing data received from development authorities and violations cited during the OSA's reviews. 17 See OSA's March 8, 2000, TIF Legislative Report, at pages 19 -21. The OSA is aware that tax increment has been used for legislative work by city consultants directly related to TIF district tenns.'Specifically, the OSA issued a Final Notice of Noncompliance to the City of Gaylord for over $4 million in TIF Act violations. See OSA's 2004 TIF Legislative Report. The OSA did not include in the violations $2,822.25 that the City. spent in 1997 on successful lobbying efforts to extend the duration of a TIF District. See 1997 Minn. Laws ch. 231, section 16 (extension passed). 18 See Minn.. Stat. § 469.176, subd. 4 (2010). 19 See City's Response, at page 5. As stated by the City: "[S]ince lobby expenses are for promoting a. transportation project, the expenses are not directly connected with the physical development of real property in the project. See id. 20 See City's Response,..at page 5. 21 According to the City: "The closing of the bridge is the development aimed at improving traffic in the District." See City's Response, at page 5. 22 See City's Response, at page 3. See also City Council Meeting Minutes for July 5, 2011, and the Coalition's presentation included in the City Council agenda packet for the July 5,201 -1, City Council meeting, available on the City's website. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 6 Second, Minn. Stat. § 469.126, subd. 1, authorizes a city to designate development districts "within the boundaries of the city. "23 Subdivision 2 (1) provides: Within these districts the city may: (1) adopt a development program consistent with which the city may acquire, construct, reconstruct, improve, alter, extend, operate, maintain, or promote developments aimed at improving the physical facilities, quality of life, and quality of transportation.24 The powers granted to an authority apply only "within these districts." Therefore, the powers granted to the City apply only within the City's boundaries. The Coalition's lobbying efforts are aimed at the construction of a specific bridge crossing the St. Croix River that is located, on the Minnesota side of the River, in the City of Oak Park Heights.25 Indeed, according to the City: "The location of a new crossing is not important as long as the new crossing is located outside the District. "26 The City may not use powers granted under Minn. Stat. § 469.126 outside the boundaries of the City. The City contends that use of tax increment to lobby for the construction of a bridge outside the City will result in benefits within TIF District No. 1.27 Using the City's logic, the City would be able to use tax increment from TIF District No. 1 for the construction of a bridge located anywhere outside TIF District No. 1. This expansive view of authorized tax increment expenditures would effectively eliminate the TIF Act's clearly stated geographic limitations. Indeed, any city authority could expend tax increment on local, state, or federal projects located outside the city, or outside the State, if the city perceived it would benefit from those projects. Such an expansive use of fax increment for activities outside a city's boundaries would be unprecedented and is not authorized by the TIF Act. Third, Minn. Stat. § 469.174, subd. 14, prohibits certain payments from being included as TIF administrative expenses. The City now claims that lobbying costs are not listed in Minn. Stat. § 469.174, subd. 14. However, the advice the City received when it approved the donation justified the payment to the Coalition by claiming that it was for one of the activities listed in Minn. Stat. § 469.174, subd. 14. More specifically, at the time the donation was approved, the City tried to justify the payment because it would be "paid to contractors or others providing services directly connected to the physical development of real property within the project. "28 23 See also Minn. Stat. § 469.125, subd. 9 (2010) ( "development district" defined as "an area within the corporate limits of a city"). 24 See Minn. Stat. § 469.126, subd. 2 (2010) (emphasis added). The City fails to quote the critical introductory clause to Subdivision 2 (1) ( "Within these districts ") on page 3 of its Response. 25 See City Council Meeting Minutes for July 5, 2011, and the Coalition's presentation included in the City Council agenda packet for the July 5, 2011, City Council meeting. 26 See City's Response, at page 5. 27 See City Council Meeting Minutes for July 5, 2011, at page 3; City's Response, at pages 2 — 3. 28 See Email dated June 9, 2011, from Dave Magnuson forwarded to the City Administrator on June 18, 2011 OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 ' Page 7 Only after the OSA pointed out in its Initial Notice that subdivision 14 specifically prohibits such payments from being included in administrative expenses, did the City reverse its position for purposes of its Response.' Finally, the City attempts to equate lobbying efforts by the nonprofit Coalition for a new bridge located outside.. the City with promoting developments within a'district. Minnesota has as long distinguished lobbying from mere promotion. Lobbying involves the direct communication with elected officials or the urging of others to contact public officials, and is strictly regulated by the State.29 The Coalition claimed that its efforts were attempting to influence federal legislative action by obtaining a change in the Federal Wild Rivers Act — lobbying activity at the national level. The authorization granted in Minn. Stat. § 469.126, subd. 2(1), to promote developments within a district, does not extend to attempts to influence federal elected officials. A donation of tax increment to a nonprofit corporation that states it is lobbying to change federal law so a bridge can be constructed outside TIF District No. 1 is not a qualified expenditure of tax increment from the City's TIF District No. 1. (quoted in full in the OSA's Initial Notice dated August 30, 2011), and City Council Meeting Minutes for July 5, 2011, at pages 2 — 3. Minn. Stat. §469.174, subd. 14(2) (2010) provides: "Administrative expenses" means all expenditures of an authority other than:... (2) amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project. 29 See, e.g., Minn. Stat. ch. 10A and Minnesota's Campaign Finance and Public Disclosure Board's Findings and Order in the Matter of the Complaint by Karl Bremer regarding The Conach Group and Mike Campbell (August 16, 2011). That matter reviewed the City's contract with The Conach Group. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Stillwater October 21, 2011 Page 8 CONCLUSION The City failed to resolve the OSA's finding of noncompliance. As a result, this matter is being forwarded to the Washington County Attorney as required by Minn. Stat. § 469.1771, subd. 1(b). If you have any questions, please feel free to contact me at 651- 296 -7979 or Arlin.Waeltigosa.state.mn.us, or Deputy State Auditor /General Counsel Celeste Grant at 651- 297 -3673 or Celeste. Grantgosa.state.mn.us. Very truly yours, /s /Arlin Waelti Arlin Waelti Assistant State Auditor TIF Division Director Enclosure CC. The Honorable Pete Orput, Washington County Attorney Mr. Larry Hansen, City Administrator Ms. Sharon Harrison, City Finance Director Mr. David Magnuson, City Attorney STATEMENT OF NANCY J. BODE IN THE MATTER OF THE OFFICE OF THE STATE.AUDITOR'S FINAL NOTICE REGARDING CITY OF STILLWATER'S TIF DISTRICT NO. 1 Nancy J. Bode states as follows: 1. I am an Assistant Legal Counsel with the Minnesota Office of the State Auditor ( "OSA "). In that capacity, I assisted in the OSA's review concerning the City of Stillwater's ("City ") donation of $80,000 in tax . increment to the Coalition for the St. Croix River Crossing ( "Coalition "), a nonprofit corporation. As a result of that review, I signed a letter dated August 30, 2011, to the City, providing the City with the OSA's findings and recommendations. 2. As part of the review, I had a telephone conversation with Larry Hansen, the City Administrator, on July 27, 2011. During that telephone conversation, Mr. Hansen told me that the City did not have a contract with the Coalition. I also had a telephone conversation with Mr. Hansen on July 28, 2011. During that telephone conversation, Mr. Hansen told me that the City's payment of $80,000 to the Coalition was a "donation." 3. As part of the. review, I had a telephone conversation with David Magnuson, the City's Attorney, on August 2, 2011. During that telephone conversation, Mr. Magnuson told me that the City's payment of $80,000 to the Coalition was a "donation." He also told me that the City did not have a contract with the Coalition. 4. As part .of the review, I had a telephone conversation with Michael Wilhelmi, the Coalition's Executive Director, on August 8, 2011. During that telephone conversation, Mr. Wilhelmi told me that the City's payment of $80,000 to the Coalition was a "donation°:" He also told me,that, if the City paid the Coalition's filing fee with the Minnesota Secretary of State's Office, that payment was also a' "donation" by the City to the Coalition. Nancy J. Bode Date: October 20, 2014 This page left intentionally blank. p`yD R o STATE OF MINNESOTA ,Z OFFICE OF THE STATE AUDITOR 6''s •. aye SUITE 500 525 PARK STREET REBECCA OTTO SAINT PAUL, MN 55103 -2139 STATE AUDITOR August 18, 2011 The Honorable Chris Coleman, Mayor The Honorable Dan Bostrom, Council Member The Honorable Melvin Carter, Council Member The Honorable Patrick Harris, Council Member The Honorable Lee Helgen, Council Member The Honorable Kathy Lantry, Council Member The Honorable Russ Stark, Council Member The Honorable Dave Thune, Council Member City of St. Paul 15 Kellogg Blvd W, Rm. 390 Saint Paul, MN 55102 -1606 (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditor@state.mmus (E -mail) 1- 800 - 627 -3529 (Relay Service) Re: Audit of Three Housing and Redevelopment Authority TIF Districts Dear Mayor Coleman and Council Members: In June through August of calendar year 2011, the Office of the State Auditor (OSA) performed an examination of certain records of three tax increment financing districts (TIF Districts) of the Saint Paul Housing and Redevelopment Authority (HRA) located in the City of St. Paul (City). The audit (Audit) covered the Shepard Davern Owner Occupied, Shepard Davern Rental Housing and Shepard Davern Senior Rental TIF Districts. The districts are currently active. The Audit examined, on a test basis, evidence supporting the HRA's compliance with the TIF Act.' The OSA reviewed and/or tested the TIF Districts' reports filed with the OSA through the year ended December 31, 2009, TIF plans, general ledgers, invoices, and other supporting documents. No findings of noncompliance were noted regarding the three TIF districts audited. The OSA appreciates the time and attention the HRA staff devoted to responding to our questions and concerns. If you have any questions or comments, please call me at (651) 297- 3673. 1 See Minn. Stat. §§ 469.174 to 469.1799, as amended. OFFICE OF THE STATE AUDITOR Mayor and Council, City of Saint Paul August 18, 2011 Page 2 Very truly yours, /s/ Celeste Grant Celeste Grant Deputy` State Auditor and General Counsel cc: Cecile -Bedor, Director of Planning & Economic Development ,Patricia Lilledahl, Director of Business Development & Finance Diane Nordquist, Project Manager Joan Rutten, Accountant . r