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HomeMy WebLinkAbout2009-06-02_COUNCIL MEETINGAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL JUNE 2, 2009 7:00 P.M. ROLLCALL ADOPTION OF CONSENT AGENDA Adoption of the Consent Agenda is made by the Commissioners as to HRA items and by the Council Members as to Council items. All agenda items marked with an asterisk ( *) in bold print are Consent Agenda items and are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless a Commissioner, Council Member or citizen so requests it. In such cases the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. EDINA HOUSING & REDEVELOPMENT AUTHORITY * I. APPROVAL OF MINUTES OF HRA - Regular Meeting of May 19, 2009 * II. CONFIRMATION OF PAYMENT OF CLAIMS as pet Pre -List Dated May 28, 2009 — Total $603.86 III. ADJOURNMENT EDINA CITY COUNCIL * I. APPROVAL OF MINUTES - Regular Meeting of May 19, 2009 and Work Session of May 19, 2009 II. AWARD OF BID * A. TH 100 West Frontage Road Sidewalk —Contract No. ENG 09 -2 III. REPORTS /RECOMMENDATIONS (Favorable vote of majority Council Members present to approve except where noted) .A. Resolution No. 2009 -55 Accepting Various Donations (Favorable ro/lcall vote of four Council Members to approve) * B. Set Hearing Dates for Planning Items 1. Conditional Use Permit Approval, Interlachen Country Club, 6200 Interlachen Blvd. — 7/7/09 2. Final Development Plan & Final Rezoning, Ebenezer Society, 7500 York Avenue — 6/16/09 3. Zoning Ordinance Amendment 850.11 Regarding Accessory Buildings 7/7/09 * C. Resolution No. .2009-53 Approving Lot Division, 4306 Grimes Avenue, 4201 Morningside Road * D. Resolution No. 2009 -54 Approving Hennepin County Police Joint & Cooperative Mutual Aid Agreement Agenda /Edina City Council June 2, 2009 Page 2 IV. COMMUNITY COMMENT During "Community Comment, " the City Council will invite comments from those in attendance who would like to speak about something not on tonight's agenda. Individuals must limit their comments to three minutes and cannot speak to an issue for which a public hearing was held by the Council within the last thirty days or a matter scheduled for a future hearing on a specific date. Individuals should not expect the Mayor or Council to respond to their comments. Instead, the Council might refer the matter to staff for consideration at a future meeting. V. FINANCE (Favorable rollcall vote of majority Council Members present to approve) A. CONFIRMATION OF PAYMENT OF CLAIMS As per Pre -List dated May 21, 2009, TOTAL $910,130.07; and dated May 28, 2009, TOTAL $758,218.85. VI. CORRESPONDENCE AND PETITIONS VII. MAYOR AND COUNC41- COMMENTS A. Approve time change for the Street Light Utility Study Session on 6/23/09 from 11:30 AM to 7:00 AM VIII. MANAGER'S COMMENTS IX. 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 -8861 72 hours in advance of the meeting. SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS Tues Jun 2 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Jun 16 Work Session with Energy & Environment Commission 5:30 P.M. COMMUNITY ROOM Tues Jun 16 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Jun 23 Study Session - Street Light Utility 7:00 A.M. COMMUNITY ROOM Tues Jun 23 Employee Recognition Lunch 11:00 A.M. WARREN C. HYDE CLUBHOUSE Fri July 3 INDEPENDENCE DAY HOLIDAY OBSERVED - City Hall Closed Tues July 7 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues July 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues July 28 Study Session - To be determined 7:00 A.M. COMMUNITY ROOM Mon Aug 3 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Aug 4 NIGHT TO UNITE Tues Aug 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBEF, Tues Aug 25 Study Session - To be determined 11:30 A.M. COMMUNITY ROOM Tues Sep 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Sep 7 LABOR DAY HOLIDAY OBSERVED - City Hall Closed Tues Sep 15 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Sep 22 Town Hall Meeting 7:00 -8:30 P.M. CENTENNIAL LAKES CENTRUM MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL MAY 19, 2009 7:00 P.M. ROLLCALL Answering rollcall were Commissioners Bennett, Brindle, Housh, Swenson, and Chair Hovland. CONSENT AGENDA APPROVED Motion made by Commissioner Swenson and seconded by Commissioner Housh for approval of. the Edina Housing and Redevelopment Authority Consent Agenda as presented. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF MAY 5. 2009, APPROVED Motion made by Commissioner Swenson and seconded by Commissioner Housh approving the Minutes of the Regular Meeting of the Edina Housing and Redevelopment Authority for May 5, 2009. Motion carried on rollcall vote - five ayes. There being no further business on the Edina Housing and Redevelopment Authority Agenda, Chair Hovland declared the meeting adjourned at 7:10 p.m. Executive Director R55CKREG LOG20000 Check # Date Amount Supplier/ Explanation 14025 512812009 101766 DISPLAY SALES 603.86 PROMENADE FLAGS 603.86 603.86 Grand Total CITY OF EDINA Council Check Reglster 5/28/2009 —5/28/2009 PO # Doc No Inv No Account No 212362 INV0067316 9132.6103 Subledger Account Description PROFESSIONAL SERVICES Payment Instrument Totals Check Total 603.86 Total Payments 603.86 5/27/2009 8:32:37 Page - 1 Business Unit CENTENNIAL LAKE TAX DISTRICT R55CKSUM LOG20000 Company Amount 09000 HRA FUND 603.86 Report Totals 603.86 CITY OF EDINA Council Check Summary 5/28/2009 - 5/28/2009 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 poll ies apd procedures -clate eZ 0'7 5/27/2009 8:32:37 Page - 1 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL AND EDINA TRANSPORTATION COMMISSION HELD AT CITY HALL MAY 19, 2009 5:30 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, Housh, Brindle, Swenson and Mayor Hovland. Edina Transportation Commissioners present were: Commissioners .Abramovitz, Bonneville, Brown, Janovy, Mooty, Plante, Schroeder, Sierks, Usem, White, and Workinger. Staff present included: Gordon Hughes, City Manager; Wayne Houle, City Engineer; Jack Sullivan, Assistant City Engineer; and Jane Timm, Deputy City Clerk. Mayor Hovland said the meeting was an opportunity to explore issues of mutual concern between the Commission and the Council. City Engineer Houle started the meeting with a diagram of the 44th Street and France Avenue neighborhood parking. Houle stated that the Planning Department would need to get involved if a small area study were ordered. He explained that there would be no funding available in the near future for additional studies. Mr. Houle stated the goal would be to maximize parking without building a, parking structure. The Council and Commission discussed the parking concerns around 50th and France. Some points of discussion were: • East bound no left turn on France Ave in Minneapolis • Removal of parking by Pinehurst Building • Parking on 50th Street at Ann Taylor location • Right turn lane at east bound 50th Street at Halifax • Busing employees • Cost of employee parking in ramps Mr. Houle told the Commission and Council that the Country Club project was going well. He added the Greater Cornelia Area /701h St Traffic Study was under review. The City Council and Transportation Commission discussed the "complete street' concept. Mr. Houle noted the Engineering staff supported the complete street concept, but citizens do not support complete streets in all cases. Mayor Hovland thanked the Transportation Commission for their work and asked them to explore ways to refine the process and develop ideas to better serve the community, and directed staff to forward any educational opportunities to the Commission. Mayor Hovland declared the meeting adjourned at 6:50 p.m. Respectfully submitted, Jane Timm, Deputy City Clerk Minutes approved by Edina City Council, June 2, 2009. James C. Hovland, Mayor Page 1 A MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 19, 2009 7:10 P.M. ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Swenson and seconded by Member Housh approving the Council Consent Agenda with the exception of Item IV.C., Resolution No. 2009 -52 reordering the Council's agenda. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. BOY SCOUT TROOP 89 RECOGNIZED At the invitation of Mayor Hovland, Sam Gaines representing Boy Scout Troop 89, stated the group met at Christ the King Church and the Scouts were working on their Citizenship in the Community Merit Badge. PUBLIC WORKS WEEK PROCLAIMED — MAY 17 -23, 2009 Mayor Hovland read a Proclamation declaring the week of May 17 -23, 2009, as Public Works Week. Member Brindle made a motion, seconded by Member Bennett, to adopt Public Works Week Proclamation. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Engineer /Public Works Director Houle presented the 2008 Public Works accomplishments and informed Council of PAWS Print -- an educational newsletter geared towards third graders. EMERGENCY MEDICAL SERVICES WEEK PROCLAIMED — MAY 17 -23, 2009 Mayor Hovland read a Proclamation declaring the week of May 17 -23, 2009, as Emergency Medical Services Week. Member Bennett made a motion, seconded by Member Brindle, to adopt Emergency Medical Services Week Proclamation. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Fire Chief Scheerer accepted the Proclamation on behalf of the Fire and Police Departments and thanked the Council for this recognition. 2009 GOLD SCREEN AWARD Communication Director Bennerotte advised that Edina had received the National Association of Government Communicators 2009 Gold Screen Award, first place in the news program category, and a third place in the shoestring budget category. Mayor Hovland presented the awards to Cable Coordinator Scott Denfeld and Show Producers Nathalie Gage and Steve Christiansen. *MINUTES — REGULAR MEETING OF MAY 5, 2009, AND WORK SESSION MEETING OF MAY 5, 2009, APPROVED Motion made by Member Swenson and seconded by Member Housh approving the minutes of the Regular Meeting of May 5, 2009, and Work Session of May 5, 2009. Motion carried on rollcall.vote — five ayes. PUBLIC COMMENT Katie Campbell, 6700 Point Drive, addressed the Council to express her concern about the safety of chemical weed treatment at Lewis Park and recommended the use of "green" treatments. Page 1 Minutes /Edina City Council /May 19, 2009 V J *AWARD OF BID — CONTRACT NO. ENG 09 -6, IMPROVEMENT NOS. BA -356, SS -444, STS - 356 & WM-486 Motion made by Member Swenson and seconded by Member Housh awarding the bid for Mirror Lakes neighborhood reconstruction Contract No. ENG 09 -6; Improvement Nos. BA -356, SS-44, STS -351, WM-486 to the recommended low bidder, Valley Paving, Inc. at $676,537.72. Motion carried on rollcall vote — five ayes. *AWARD OF BID — CONTRACT NO. ENG 09 -9, IMPROVEMENT NOS. BA -366, STS -365 & SS= 454 Motion made by Member Swenson and seconded by Member Housh awarding the bid for Wooddale Avenue road repair, Contract No. ENG 09 -9, Improvement Nos. BA -366, STS - 365, SS-464 to the recommended low bidder, Northwest Asphalt, Inc. at $61,077.95. Motion carried on rollcall vote — five ayes. *AWARD OF BID — 2009 TREATMENT OF LAKES AND PONDS — PARK DEPARTMENT Motion made by Member Swenson and seconded by Member Housh awarding the bid for treatment of lakes and ponds to the recommended low bidder, Lake Restoration, Inc. at $18,696.07. Motion carried on rollcall vote — five ayes. RESOLUTION NO. 2009 -51 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 Swenson introduced and moved adoption of Resolution No. 2009 -51 accepting various donations. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. APPOINTMENTS TO BOARDS AND COMMISSIONS Mayor Hovland presented his appointment recommendations. Mayor Hovland made a motion, seconded by Member Swenson, to appoint Mary Kay McNee to the East Edina Housing Foundation to a term ending February 1, 2012. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Mayor Hovland made a motion, seconded by Member Bennett, to appoint Michael Birdman and Fred Adiyia to the Edina Zoning. Board of Appeals to terms ending February 1, 2012. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Mayor Hovland made a motion, seconded by Member Housh, to appoint Peter Simpson to the Construction Board of Appeals to a term ending February 1, 2012. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. RESOLUTION NO. 2009 -52 ADOPTED — REORDERING THE COUNCIL'S AGENDA Member Bennett expressed reservation about reordering the agenda, by moving Community Comment to follow Reports and Recommendations, based on the length of time residents might wait to speak. The Council discussed its desire to assure Community Comment was not used to address or reopen an agenda item. Member Housh introduced and moved adoption of Resolution No. 2009 -52, revising the Edina City Council agenda order of business. Member Brindle seconded the motion. Ayes: Brindle, Housh, Swenson, Hovland Nays: Bennett Motion carried. Page 2 Minutes /Edina City Council /May 19, 2009 *RECYCLING CONTRACT WITH ALLIED WASTE Motion made by Member Swenson and seconded by Member Housh to approve the City of Edina residential curbside recycling collection contract with Allied Waste Services of North America, LLC, for three years, January 2010 - December 2012 at $1,390,000. Motion carried on rollcall vote — five ayes. TOWN HALL MEETING JULY 28, 2009 The Council discussed possible locations and scheduling a fall meeting during off - election years. Council consensus was reached to cancel the July 28, 2009, town hall meeting and direct staff to set September 22, 2009, at Park Centrum from 7:00 p.m. to 8:30 p.m. as the possible date. *TRAFFIC SAFETY STAFF REVIEW FOR MAY 6, 2009 Motion made by Member Swenson and seconded by Member Housh to accept the Traffic Safety Staff Review dated Wednesday, .May 6, 2009. Motion carried on rollcall vote — five ayes. *CONFIRMATION OF CLAIMS PAID Motion made by Member Swenson and seconded by Member Housh approving payment of the following claims as shown in detail on the Check Register dated May 7, 2009, and consisting of 25 pages: General Fund $298,738.63; CDBG Fund $82,000.00; Communications Fund $3,986.03; Police . Special Revenue $2,385.00; Working Capital Fund $48,238.07; Art Center Fund $3,222.94; Golf Dome Fund $1,953.96; Aquatic Center Fund $5,106.18; Golf Course Fund $18,261.78; Ice Arena Fund $1,214.38; Edinborough /Centennial Lakes Fund $15,410.07; Liquor Fund $160,672.76; Utility Fund $35,374.05; Storm Sewer Fund $5,075.63; PSTF Agency Fund $8,048.38: TOTAL $689,687.86 and for approval of payment of claims dated May 14, 2009, and consisting of 32 pages: General Fund $148,222.27; Communications Fund $1,502.58; Police Special Revenue $420.98; Working Capital Fund $6,217.54; Art Center Fund $9,196.11; Golf Dome Fund $290.00; Aquatic Center Fund $5,551.93; Golf Course Fund $66,768.28; Ice Arena Fund .$48,504.33; Edinborough /Centennial Lakes Fund $32,152.64; Liquor Fund $206,692.66; Utility Fund $376,156.85; Storm Sewer Fund $1,751.37; Recycling Fund $46,715.68; PSTF Agency Fund $6,598.81: TOTAL $956,742.03 and Credit Card Transactions dated March 26 — April 27, 2009: TOTAL $10,040.94. Motion carried on rollcall vote — five ayes. *RECEIVE PETITION — REQUEST FOR ALLEY IMPROVEMENT 310 & 312 GRIFFIT STREET Motion made by Member Swenson and seconded by Member Housh to receive a petition requesting alley improvement adjacent to 310 and 312 Griffit Street. Motion carried on rollcall vote — five ayes. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 7:50 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, June 2, 2009. James C. Hovland, Mayor Video Copy of the May 19, 2009, meeting available. Page 3 one REQUEST FOR PURCHASE TO: Mayor & City Council FROM: Wayne D. Houle, PE, Director of Public Works / City Engineer VIA: Gordon Hughes, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 DATE: June 2, 2009 AGENDA ITEM II. A. ITEM DESCRIPTION: TH 100 West Frontage Road Sidewalk Contract No. ENG DATE BID OPENED OR QUOTE RECEIVED May 27, 2009 Company 1. DMJ Corporation 2. Sunram Construction 3. Bituminous Roadways 4. Thomas & Sons 5. Barber Construction Co. 6. Midwest Asphalt RECOMMENDED QUOTE OR BID: DMJ Corporation GENERAL INFORMATION: No. S -048A BID OR QUOTE EXPIRATION DATE July 27, 2009 Amount of Quote or Bid $ 128,788.00 $ 164,568.50 $ 168,727.50 $ 175,599.30 $ 181,455.00 $ 195,772.00 $128,788.00 This is the second phase of sidewalk construction along the westerly side of TH100 West Frontage Road. The work includes installation of a 6 -foot wide bituminous pathway from Normandale Court to Benton Avenue and a 5 -foot concrete walk to Eastview Drive. This project was in the 2008 -2012 Capital Improvement Program (CIP). The funding for this phase will be from Construction Funds and MSA funds. Approximately $96,000 will be paid for using MSA funds. The Engineer's estimate for this work was $154,519.50. Staff recommends awarding this project to DMJ Corporation. Public Works — Engineering The Recommended Bid is % within budget not withi d FBI W�l i ,Finance Director n Hughes, C�itV Manager G: \Engineering \Contract Numbers\2009 \ENG 09-2 W. Frontage Rd Sidewalk - Phase MADMIN\MISC\ENG 09 -2 RFP .doc REPORURECOMMENDATION To: Mayor & City Council Agenda Item III.A. From: Debra Mangen Consent ❑ City Clerk Information Only ❑ Date: June 2, 2009 Mgr. Recommends ❑ To HRA ® To Council Subject: Resolution Receiving Action ® Motion Donations ® Resolution ❑ Ordinance ❑ Discussion Recommendation: Adopt Resolution. Info /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. have prepared the attached resolution detailing the various donors, their gifts and the recipient departments for your consideration. RESOLUTION NO. 2009-55 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA City of Edina WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed donations on behalf of its citizens. Donations to Edina Art Center: Robin Greer & Family Heather Goodman Stephan Courtright John & Janet Kelly Bohan Kathy Recke Sharon McKisson Dated: June 2, 2009 $200.00 $84.00 $50.00 $50.00 Yarn Two Framed Water Colors Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) James B. Hovland, Mayor 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 June 2, 2009 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_. City Clerk City Hall 952 - 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com TTY 952 - 826 -0379 a , w A �1 o e To: Mayor & City Council From: Cary Teague Planning Director Date: June 2, 2009 Subject: Set Hearing Date for a Conditional Use Permit to expand the parking lot at Interlachen Golf Course - 6200 Interlachen Blvd. Recommended Action: Set the hearing date for July 7, 2009. Inf ormation/B ackground: See attached Planning Commission report. KLYUK'1 %KLLUMMEN VA'11UN Agenda Item III.B.1 Consent Information Only Mgr. Recommends To HRA ® To Council Action ® Motion Resolution Ordinance Discussion 11'r� o PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague May 27, 2009 2008- 013.09b Director of Planning INFORMATION & BACKGROUND Project Description Interlachen Country Club is requesting a Conditional Use Permit to expand a parking lot. The expanded parking lot is for a new maintenance building for the Interlachen Country Club at 6200 Interlachen Boulevard. (See location maps on pages Al —A3.) Maintenance buildings are a permitted accessory use not a conditional use. Because the need for the parking lot is intertwined with the maintenance building, the maintenance building will also be addressed. The applicant originally proposed a similar parking lot with a maintenance facility at the end of Belmore Lane. Those plans were reviewed by the Planning Commission on October 1, 2008 and January 28, 2009. (See minutes from those meetings on pages A55 —A72.) Based on the direction from the Planning Commission on January 28th, the appliicant has revised the plans to locate the building on what was referred to as the "chicken farm site" south of the originally proposed site. The size of the main building has been reduced from 20,000 square feet, and the building redesigned to match the existing club house. The applicant is no longer requesting a Vacation of a portion of Belmore Lane, or a lot division. The new parking lot would be located on the east side of a new 16,440 square foot maintenance facility, and on the west side of a 1,840 square foot "caddy lounge" addition to the exisitng cart storage building. This existing building would be remodeled to match the proposed new building. (See applicant narrative and plans on pages A4 —A24, and in the attached development plan book and building elevations.) To accommodate the request, two existing single - family homes and the existing maintenance building would be removed. (See building removal plan on page A5 —A7.) The proposed site is currently used as a staging area and storage of materials by the maintenance crew. (See pictures on pages A25 —A34.) Access to the new maintenance building would be from an existing interior road off Interlachen Boulevard and Waterman Avenue. (See page Al.) There would be no access off Maloney Avenue or Belmore Lane. A future "short course" would be located to the north of the proposed builidng. (See page A13.) Practice facilities accessory to a golf course are a permitted accessory use; and would not be subject to a conditional use permit. Also, there are inconsistencies in the zoning ordinance in regard to regulation of accessory buildings in the R -1 Zoning District. The following summarizes the inconsistencies: 1. Lots 9,000 square feet and larger are limited to 1,000 square feet of accessory buildings. 2. Lots less than 9,000 square feet have no limit on the size of accessory buildings. 3. Lots with single - dwelling unit buildings are limited to no more than 1,000 square feet. 4. Maintenance buildings are a permitted accessory use to a golf course with no size limitation mentioned in the regulation. The intent of the ordinance is to limit single - dwelling unit buildings to no more than 1,000 square feet of accessory structures. However, provision #1 technically prohibits all R -1 property, including schools and golf courses to no more than 1,000 square feet of accessory structures. This provision has not been .enforced on conditionally permitted uses such as golf courses and schools. Over the years, Edina Schools, Braemar and the Edina Country Club have constructed a number of accessory buildings that far exceed 1,000 square feet on their sites. The following list demonstrates the number of accessory buildings on R -1 sites that exceed 1,000 square feet: Braemar * 17,200 square feet of maintenance buildings. * 30,000 square foot golf dome. * 40,000 square foot ice rink. * 25,000 square foot ice rink. * 28,750 square foot ice rink (93,000 square foot total ice rink facility. * 35,760 square foot police /fire training facilities Edina Country Club * 2,500 square foot tennis court building. * 2,800 square foot pool building. * 8,000 square feet of maintenance buildings. 2 Edina Community Center'Site * 4,000 square foot maintenance /storage buildings Cornelia Interlachen * 2,440 square feet of maintenance /storage buildings. *13,000 square feet of maintenance buildings. * 6,500 square feet of other accessory buildings. No variances have been required for accessory buildings over 1,000 square feet on any of these sites and several have been constructed since the ordinance establishing the 1,000 square foot limitation was adopted in 1992. Staff is therefore, proposing an ordinance amendment to revise the ordinance to eliminate the 1,000 square foot limitation for lots over 9,000 square feet, which would lift the 1,000 square feet accessory building limitation on conditionally permitted uses. Therefore, no variance would be necessary. However, if the Planning Commission and City Council does not agree with the code change, then a Variance request would have to be heard by the Zoning Board of Appeals. A letter has been submitted on behalf of the Three Circles Neighborhood requesting that the planning commission deny the proposal. (See letter attached to the back of this report.) SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single- family homes; zoned and guided low- density residential. Easterly: Interlachen Country Club golf course. Southerly: Interlachen Country Club tennis courts, maintenance building, club house and parking lot. Westerly: Single- family homes; zoned and guided low- density residential. Existing Site Features The site exists today with a single - family home, used by the club's superintendent, and as a staging area and dumping ground for material used on the golf course. There is a tall berm that would be removed for the new building. The site contains portions of two wetlands and mature trees along the west side. (See pages Al —A3.) 3 Planning Guide Plan designation Zoning: Conditional Use Permit Quasi - Public R -1, Single Dwelling Unit District Per Section 850.04 Subd. 4.E, the City Council shall not grant a Conditional Use Permit unless it finds that the establishment, maintenance and operation of the use: 1. Will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals and general welfare; The enhancement to the public welfare in this instance would be the greater protection of the two wetlands located on the site. Stormwater retention ponds would be constructed to filter out sediment before draining into the wetlands. Additionally, the existing maintenance building, which is setback just 15 feet from the southerly wetland, would be removed, and the area restored with vegetation per the Minnehaha Creek Watershed District. These conditions would help to improve the water quality of the wetlands. The required wetland setback for structures is 50 feet. The new parking lot and accessory building would not be detrimental to the site, or endanger the public health, safety, morals or general welfare. The buildings would be partially screened by existing and proposed landscaping, and by a 6 -foot wood fence. (See landscape plans on pages A9 —A10.) The site has been, and would continue to be used by the maintenance crew for the golf course. Noise from the building would be directed toward the golf course, with the openings to the building facing the course. Access to the site would be through the main parking lot. There would be no access off Maloney Avenue or Belmore Lane. The proposed activities are already taking place on this site and.at the golf course. By building a new maintenance facilities and other associated uses with this country club, would allow Interlachen to maintain its nationally renowned facility with a state of the art facility for its employees. There is public value in having Interlachen located within the City of Edina. 2. Will not cause undue traffic hazards, congestion or parking shortages; There would be no new access off of Belmore Lane or Maloney Avenue; therefore, there would be no increase in traffic to adjacent streets. Main 4 access would continue to be off of Interlachen Boulevard and Waterman Avenue. The use exists on the site today; therefore, no additional trips would be generated to the site. A transportation study was conducted by Spack Consulting as part of the original request, and concluded that the project would not impact adjacent roads. (See pages A38 —A54.) The city engineer, fire chief and fire marshal have all reviewed the plans and found access and truck turning radius to be acceptable. (See their review and comments on pages A36a— A37c.) 3. Will not be injurious to the use and enjoyment, or decrease the value, of other property in the vicinity, and will not be a nuisance; The city assessor has reviewed the proposed plans, and determined that the proposed parking lot and new building would not decrease property values in the area. (See memo from the city assessor on page A37d.) The existing junk and debris on the site would be cleaned up and removed from the site. The use would not cause a nuisance as defined in Edina's nuisance ordinance. The city sanitarian has reviewed the proposed use, and does not find that there would be any nuisances caused by the request. The fire marshal would be aware of all chemicals that are stored within the facility through the building permit review process. This building would be constructed with a sprinkler system, so it is unlikely a serious fire would occur, however, if there is a fire, the fire department would know precisely what is being stored within the building, so they would be able to properly fight the fire. (See memo from the fire marshal on pages A37- A37c.) Per Section 1040.03.B. of the City Code golf course maintenance equipment is exempt from hours of operation requirement. 4. Will not impede the normal and orderly development and improvement of other property in the vicinity; The parking lot and building would not impede development of property in the area. 5. Will not create an excessive burden on parks, streets and other public facilities; The parking lot and building would not generate any additional traffic or increase usage of park or public facilities. Again, there would be no new access off of Belmore Lane or Maloney Avenue; therefore, there would be no increase in traffic to adjacent streets. Main access would continue to be off of Interlachen Boulevard and Waterman Avenue. The use exists on the site today; therefore, no additional trips would be generated to the site. A transportation study was conducted by Spack Consulting as part of the 5 original request, and concluded that the project would not impact adjacent roads. (See pages A38 —A54.) 6. Conforms to the applicable restrictions and special conditions of the district in which it is located as imposed by this Section; and As demonstrated in the compliance table on the following page, the proposal meets all other Zoning Ordinance requirements. 7. Is consistent with the Comprehensive Plan. The proposed parking lot is a conditionally permitted use, and the maintenance building is a permitted accessory use in the R -1, zoning district. Therefore, the proposal is consistent with the Comprehensive Plan. Building Design As shown on the attached building elevations, the building would be designed to generally match the existing clubhouse. The building would be stucco and ribbed steel. (See elevations on pages Al 5—A22, and the attached colored renderings.) The city's building official has reviewed the plans and indicated that buildings 2,000 square feet and over must be built with a sprinkler system. The applicant will have a materials sample board at the meeting. Grading & Drainage The city engineer has reviewed the proposed grading and drainage plans, and site plan and finds them acceptable. (See page A36a.) A more detailed review and approval of the Minnehaha Creek Watershed District is required. Any conditions that the Watershed District may place on the plans would also be required. As mentioned, four drainage ponds would be created to filter out sediment. before draining into the wetlands. This would be an improvement over the current condition of drainage from the.site going directly to the wetlands. In particular, this would significantly improve the condition of the southerly pond. (See existing conditions on pages A25, A26 and A31.) Emergency Vehicle Access The city engineer, fire marshal and fire chief have reviewed the proposed plans, and had determined that emergency vehicles such as fire trucks could easily access the new building through the existing parking lot. Therefore, no emergency access off adjacent streets would be required with this proposal. (See review and comments on pages A36a— A37c.) ,n Landscaping /Screening Based on staff recommendation, the applicant has revised the landscape plan to add additional tree along the north and west side of the building to provide screening of the building from adjacent residential property. Twenty, 10 -foot Norway Spruce trees would be planted, along with Oaks and American Larch trees in this area. (See plans on page A9.) Also to assist in the screening of the building a 6 -foot wood fence would be constructed near the west lot, line to provide a low screen of the building. (See building rendering on pages A19— A20.) Lighting Security lighting would be installed around the building. The applicant has submitted a lighting plan, which demonstrates it would meet the City's minimum ordinance standards. The foot - candle readings would be 0 at the adjacent lot lines. The lights would be a shoe -box style and down -cast. (See page A24.) Compliance Table PRIMARY ISSUE AND STAFF RECOMMENDATION • Is the proposed new building and associated parking lot reasonable for this site? Yes. Staff believes the proposal is reasonable for five reasons: 7 City Standard Proposed West lot line 50 feet 85 —110 feet North lot line (Belmore) 50 feet 280 feet East lot line 50 feet 1000+ feet South lot line 50 feet 1000+ feet Wetland Setback 50 feet 50 feet Building Height 40 feet 22 feet (29 feet to the ridge line) PRIMARY ISSUE AND STAFF RECOMMENDATION • Is the proposed new building and associated parking lot reasonable for this site? Yes. Staff believes the proposal is reasonable for five reasons: 7 1. The proposal meets the Conditional Use Permit findings. As demonstrated on pages 5 -6 of this report, the seven findings for a conditional use permit would be met. 2. The proposal meets all minimum Zoning Ordinance standards. The use is considered a permitted accessory use in the R -1 Zoning District; expansions of parking lots are a conditionally permitted uses. All setback requirements would be met. (See page 5 of this report.) The intent of the R -1 Zoning District is to limit the size of accessory buildings on lots with single - family homes, and not on lots with conditionally permitted uses. As demonstrated on pages 2 -3 of this report, the City has not enforced 1,000 square foot accessory building limit on golf courses or schools. 3. The maintenance buildings would be well screened from adjacent properties, by a six -foot tall wood fence and existing and proposed trees. (See landscape plan and aerial photograph on pages A2, A3, A9.) The nearest home on Kresse Circle is 114 feet. Other nearby homes would be 174 and 132 feet away. (See page A3.) Most of the parking for the facility would be within the existing parking lot for Interlachen, therefore, car lights would not be an issue. The nearest home on the south side of Belmore Lane would be 310 feet from the maintenance building. A large wetland and existing and proposed trees adjacent to the wetland that would remain would separate this home. 4. Improved quality of the wetlands. A series of four filtration basins would be created to filter out sediment before draining into the wetlands. This would be an improvement over the current condition of drainage from the site going directly to the wetlands. (See existing conditions on pages A25, A26 and A31:) Also, the existing maintenance building located south of the south pond would be removed and replaced with natural vegetation. The maintenance building is setback just 15 feet from the wetland. These changes would also have a positive impact to the wetland. 5. Emergency vehicles can access the site without any additional access. As previously mentioned, emergency vehicles can access the new building through the existing parking lot, and would not require an additional access, as was previously required with the site off Belmore Lane. (See comments from the fire chief and fire marshal on pages A36a— A37c.) Staff Recommendation Recommend that the City Council approve the Conditional Use Permit to build a new parking lot at 6200 Interlachen Boulevard for the Interlachen Country Club. K Approval is based on the following findings: The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd. 4.E, of the Edina Zoning Ordinance. ,2. The proposal meets all applicable Zoning Ordinance requirements. 3. The maintenance facility is a permitted accessory use. Associated uses proposed for these facilities are typical of a state -of -the art golf course country club. 4. The parking area and maintenance buildings would be well screened from adjacent properties, by a six -foot tall wood fence and existing and proposed trees. 5. There would be an improvement to the quality of the existing wetlands, by removing the existing maintenance building that is located 15 feet from a wetland and by the construction of stormwater retention ponds that would filter out sediment before draining into the wetlands. 6. The buildings would be constructed to match the existing clubhouse. Approval is subject to the following conditions: The site must be developed and maintained in substantial compliance with the following plans, unless modified by the conditions below: • Site plan date stamped April 24, 2009. • Building elevations date stamped April 24, 2009. • Grading & drainage plans date stamped April 24, 2009. • Utility plan date stamped April 24, 2009. • Landscape plan date stamped May 14, 2009. • Lighting plan date stamped April 24, 2009. 2. Submit a copy of the Minnehaha Creek Watershed District Permit. The City will require revisions to the approved plans to meet the District's requirements. 3. These lots must be combined with the golf course lot prior to issuance of a building permit. 4. Access to the buildings shall be from the internal access points from Waterman Avenue and Interlachen Boulevard, and not Maloney Avenue or Belmore Lane. C 5. Maloney Avenue and Belmore Lane may not be used by construction vehicles accessing the site, or for parking. 6. The buildings must meet all applicable building permit requirements. 7. All conditions required by the city engineer in his memo dated May 22, 2009. 10 +f � Y T �s. 6209.)Mb%M 62 4091 IF . Jr 21 6201 621P AVE. .. 6.' 6229 C. 509 '. 6706 MUL 6200 `` N E 1• • �jf i ''��� - -v A _ 3 5 a ,.:nxaus. cm,,vz�cf �ocscG � �1 6711 e J 1 �f; A-I'Mm. 1 Jr� v Ah ,`tl 3 `rl i x G2i1 `' dip II - , do `rl 'vlay 1, 2039 City of Edina Planning Dcpar4tment 4301 '!Vest Fiftieth Street Edina, IVIN' 55424 Rcr lnzer.achen Ccuntr)' Clib Afftic,APY u AIR, At# ut a TRUMAN C)WEJLL. ARCHIT.EUrS _ AS arch; Ci- S',��-'.. ;•: ;nr It Is the Intention of this project to demolish some and upgrade other existing buildings and earthwork on the 3nterlachen Country Club property in addition to the construction of a new maintenance facility. 'fhrou,fl dcinotition and r mode!'.ngof existing su° standard buntings, t! }e rc•,,vor.:ng of cx'sting earth forn­is <ind the introduction of rK^:J ixecs, shi-abs, and', gr€cn rircas as well as the co•n5tructicir, of new end more funr_tional rna:ntenance facilities lnteriachen CoDntrr Ctubi will improve the appearance of its c.. n faciliti_s while pres-erving and improving the views from the surrounding neighborhood onto the site. Cori siderablc timer }vs i ecn spent in cooperat:on with the neighbors of the Burro: nding zir,,ars of the Intcrlachen property to accommodate each others need and desires, The Location prc'vioGsiy sugc,'e :ted for thfi construction of ;he maintenance facility has been changed and it is proposed to be re,oc,�t °d firther soutn of the or igina, site. The new location is between the ponds and adjacent to the exiting enV;ronm_-ntal building vm ch will be remodeled crud re^;5cd a5 an in -oporved cnvironmenUil btailding, The area; on t`,e lnterlachen property that vvil'. be affected try this project will improve presently unused and unattended e.arth::or =:; to comp!;ment and bicorrlc a positive extension of the existing facilit'!es. The viF:v to these ne:;' �uiltings from adjacent properties wall be enhanced by land,,caping and tend ng. Traffic to Jvvse ne:v b4,ild ;rg,- rail be limitCc to t6c' gc,lf course side of the nevi construction. Whi e for the .rip,; part not obso °viable from off the course. the new builcings w;II be constructed w ;th a sin,i'ar Victorian favor of the m�ln r_lubnourse fac "ity. ,rt,is pro,ect wher, comp2ele will'aring Interlachen Country Club phys cally'.o the level of in;cgri'.y con,t:enSurate with its s1<rttrre ir* tl7c :'vorfr e3o!fing community and a place consi5tcnt with the imfa'C, of the City of Edina. The design and construction team assembled here for this proicct by fnterlachen Country Club has produced sinviar projects to this one most recently at the Fateltine National Golf Course in Chanhassen, Minnesota. Visitation to that site is always welcomed. Barr Fnginer?r'nq, a nationa!ly recognized errg rieerinc� company based in Edina, MIN is prepa.r ;ng the doc; meats for the carthworks, landscaping, and environmental ccnsiderations. Truman Hc,.,ve'l Architects 6 Associates, Inc is providing tie design and ..,orking dr rvv ri0, for the new and remodtdcd buildirig on the site. They ire an architectw rl firm !ae.:,t�ad in this area for over 30 years and prepared the design and documentation for the Hazeltine protect, 3H&H Construction Sertir!ces, a sister company to, TH•A is providing the co-,struction for this pra,ect as they d:d in Flaze!tine. Al; cf the fines have extensive exper`cnce in the..r respect:ve fields and are prov,d:j,g ippropr,atc coord-nrdlion % ith !ntcr!achrrn C:ouwry Crab on this projoct. 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PER DOL.No. F, U11913� sTSTDE snYEn clan: TT PER 00C No. 579795 . 9' V71VE b EImTIRG WIDFIDUDI Te — ORAOIIRE TYPE -UP. \ PI�Ep EASCYFRT AT 11RL STORN SET1fl1 FASFTEQif EX61WG SANITARY SEWEN DOG Fn 5590.75 I °Tg_p• sDVE�Ax E TYPE-VCP SEL m 5 5 /•n PR 111011Y 6' Z i ARY I PoSED k SANITARY SEWER YII ��� I AI6AA PROPOSED ]O• UTILITY EASEMENT ad 921.7 CONNECT TD ON 9137 D °C N \ _ s NARY m ]OY or 5' SALIGNY UTRX NID pRALNAGE FnSDYET+f PER N0. 99°930 B' B' �Am SEWER WW O DAx ETIS'RN�SANGRY RDb910.1 ERRCE V W SAN AN V -w V V SAN -SAN S INVERT-907.95 V -w F PROPOSED M..80B.15 °i WSU11 e' VALVE o, 4s' 9ETID �. SEWER 9' wATEmIAw c9DD 7D pasRND 5• T'N NECT TD ET9319TG SHORT CANE a WATOILAAn D I I.Ir IAP. PRACTICE AREA wre TCrIDx j� STDRN SEWER OIYTEENT CID E D®CI® Ur ODEP COIR6F AI97916T - iU11D6 Ex161R11CIlIDQ � GIDRIT SL,MFR DAOSSPA PER Doc NG 557591 SIN w 911.5 ° ST OF PRO ��- SAN ery 993] ZTER SAN T.C.P. QD 7 OJT E]TCIPTC WALE AUUN 512E -B' I ' ITPE -GLP. t un sf 9CDDIRG 1-11. TD PIPE 2. N9TwuN DORM OF WATCRIAUN IS 7.W , .593E IN FEET TO THE TOP OF PIPE 3 CONTRACTOR SHALL APPLY M CRY OF . EDNA SEWER AND WAFER PEANR 1TA1 5' SANITARY SEWER WAIN - SUR 26 9' SARNARY SERVICE - SCN b i. TRACER WIRE - 10 GAUGE SOLID ♦' SANITARY SERVICE - SCN .a REQUIRED FDR SANDARY SERVICE - PIGDENTAL. TO PD'E WORIC 9• WATERO - C(IDD 2_ VERIFY WITH ARCNTECTISUILDFIE OF IDOVION OP UTMES UND[TI umDWG5 e' WATER SERVICE - DUCTILE WON PIPE CL W 9' SFAVxf - TYPE N fVPPW UTJ L rr� PLO. 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Y` +:.�ill:s•ysi. �}` "4-.LC .: �.. s.. - 'I, :.t+t"i!t� .?1�••; ' <�Yi'�i' - - DATE: May 22, 2009 TO: Cary Teague – City Planner FROM: Wayne Houle – Director of Public Works / City Engineer �- SUBJECT:- Update Memo for Interlachen Country Club – Maintenance and Storage Facility Engineering has reviewed the plans for the above stated project and offer the following comments: O The Edina Transportation Commission (ETC) has reviewed the traffic for this facility, see attached draft minutes from the September 18, 2008 ETC meeting. O A Minnehaha Creek Watershed permit will be required, along with other agency permits such as the MPCA, MNDH, and MCES. O All storm water from this site shall be treated on -site; no off -site pond expansions are available within the sub - drainage area. Sheet AS - Site Plan: 1. Truck turning movements within the building courtyard are adequate; fire pumper truck and typical delivery truck - WB50 Truck were analyzed, see attached. Sheet C4 — Demolition Plan: 1. All utility services need to be disconnected at the main line; water services turned off at tho corporation and sanitary services disconnected.at the mainline by replacing the wye. Sheet C6 — Utility Plan: The water and sanitary sewer connections to the City's utility system will not adversely affect the existing system. 1. Remove the proposed utility easement on the westerly side, not sure why this is needed through middle of pond. 2. Eliminate utility easement within project; all utility lines to be private lines. 3. Label all sanitary and water lines within project as "private" (this must be shown on each pipe segment). 4. Show on water main the proposed location of new gate - valve. 5. Line existing force main from lift station to first bend with a CIPP liner. 6. Do not reuse existing sanitary sewer manhole with drop. Remove and replace existing sanitary sewer manhole with new manhole where flow line runs through invert. Sheet C7 — Restroom #1 Plan: 1. Install new wye on existing sanitary sewer service located in Bywood West. Staff will require a more detail review of the Civil Plans if this project is approved by the City Council. Please contact me if you have any questions regarding this first review. Thanks GAEngineering \General \I Streets \6200 Interlachen Maintenance Facility\2009 Submittals\20090522 review of 6200 Interlachen Boulevard GC Maint Facil.doc -1 436 � • FlRE TUCK TURNING RADIUS O D RAFT . . 1 ao D SCALE IN MET PLAN, W850 TRUCK TURNING RADIUS 0 SOLE W FEET o DRAFT ST—! BARR I Fig 1 Cary Teague 7rom: Tom Jenson Sent: Wednesday, May 20, 2009 9:42 AM To: Cary Teague Subject: Interlachen Country Club fire department access Cary, The fire apparatus access road to the proposed new maintenance building at Interlachen Country Club does meet the requirements of the 2007 Minnesota State Fire Code (MSFC) section 503. There is plenty of room to turn vehicles around by backing them up. As part of my plan review notes when the review process starts will be to designate turn around areas inside the site. This will be accomplished with striping and /or signs, but probably not finalized until the site is nearing completion. Let me know if you have any questions on this. Thanks, Thomas Jenson Fire Marshal Edina Fire Department 6250 Tracv Avenue Edina Mn 55436 952.826.0337 Fax 952.826.0393 Cell 952.210.6511 A31 C. Missing the exception for sprinklered buildings allowing code official to increase this distance. 6oMYltPT5 FOOL - Fy RE CIASF A-00 (RE'StOO(F TO R�510�N� Therefore, the Commission is compelled to deny or table the application until the code (0 N �� can be updated to address the impacts of each use. -F-©vpb YH-F ��eK o � Application Does Not Meet the Conditions as Required in the CUP: T 17(< S �IEFO 1. Will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals and general welfare. Proposed facility is accessible from Interlachen Blvd and Waterman Ave At the time of plan review with the architect the fire lanes will be addressed. Hazardous materials will be addressed at plan review with the No Public Benefit: The proposed facility does not provide a public benefit. To the contrary, it has a negative impact on the surrounding neighborhoods and only benefits the applicant. Safety: The proposed facility cannot be adequately served by police and fire protection. State Fire Code requires that all buildings be accessible by suitable fire access lane (regardless of whether or not the building is sprinkled). MSFC (07) Section 503.1.1 requires the installation of fire apparatus access roads for all new buildings and new additions to existing buildings when any portion of the exterior wall is more than 150 feet from the furthest point of fire apparatus access. The This will be requirement for fire department access road applies to all buildings and additions addressed with the constructed on or after July 10, 2007. architect at the time of plan review a. The proposed facility cannot be accessed by any public road in the per Section 503.2. of,an emergency. b. The plan does not indicate a location of an official fire lane. c. The existing parking lot and private drive may not be built to city standards capable of handing the weight and turning radiuses of fir trucks as required by state code. d. The facility is located on a dead end path and lacks a fire truck Study not turnaround. needed ... will meet e. A study should be done to * dicate whether or not the y can code. adequately served by police an ' e service. This will be The above reasons constitute a threat to the public welfare. herefore the Comm addressed at the is compelled to deny the application. time of plan review per Section Chemical and Fertilizer Storage: The health and wellness of the residents o e T 503.2.5. At this Circles neighborhood is at risk due to the increase storage of chemicals and fertiliz time On the close proximity to a residential neighborhood. A list of all proposed chemical and proposed plan I do fertilizers that may be stored at the facility should be made public, including all the not see this as that may be flammable or toxic. If any of the proposed are found to be flammabl toxic, the proposed facility should have an emergency action plan in place to adeq p-- roblem. allow for emergency vehicle access to this remote area of the site during all times of day and during events. architect per Storm Water Runoff. The existing clubhouse parking lot storm water runoff is not Chapter 27. treated before it enters the wetland /pond. The applicant is proposing to remove the existing maintenance shed and expand the parking lot. The applicant should be 2 A37c� From 2007 Minnesota State Fire Code Section 503, Fire Apparatus Access Roads 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3. There are not more than two Group R -3 or Group U occupancies. 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high - piled combustible storage shall comply with the applicable provisions of Chapter 23. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. 503.2.4 'Turning radius. The required turn_ ing radius of a fire apparatus access road shall be determined by the fire code official. 503.2.5 Dead ends. Dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB -17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated 4371 surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. 503.3 Marking. Where required by the fire code official, approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. 437c MEMO DATE: May 22, 2009 TO: Cary Teague, Planning Director FROM: Bob Wilsdn, City Assessor SUBJECT: Proposed Maintenance Building Based on the information that you have provided to me regarding the proposed maintenance facility at Interlachen Country Club, it is my opinion that the proposed facility would not have a negative impact on surrounding property values. A37� Page 1 of 1 Edina Transportation Commission Item IV. b. REGULAR TRANSPORTATION COMMISSION MEETING REPORT /RECOMMENDATION To: Transportation Commissioners Agenda Item No.: IV. b. From: Jack Sullivan, P ,-� ACTION: Assistant City ErKfineer ❑ Recommendation /Motion Date: September 18, 2008 ® Discussion Subject: Traffic Study - ® Information 6200 Interlachen — Interlachen CC Maintenance Bldg Recommendation: Review the attached draft traffic impact study submitted by Spack Consultants dated July 18, 2008 and a follow up memo dated September 11, 2008. The memo dated September 11, 2008 outlines the changes in the site configuration that no longer require a traffic study. This information is provided to the Edina Transportation Commission (ETC) for information only and no recommendation by the ETC is necessary. Info /Background: Staff received a draft traffic impact study on August 28, 2008 for the construction of a new 24,000 sq ft maintenance and storage facility on Belmore Lane east of John Street. This facility was to combine their two existing smaller facilities in to one building. The number of employees and trips generated from the site was to remain the same. However, Interlachen Country Club wanted to move the access from Waterman Avenue to Belmore Lane. This was the trigger for the traffic impact study: Since the draft traffic study was completed the development team decided to gate the proposed access to Belmore Lane and use it for only emergency access. Therefore all trips generated from the new maintenance facility would continue to use Watermain Avenue. Since the use of the property, number of employees, number of deliveries and access location are to remain the same no traffic study is required by the Engineering Department or Edina Transportation Commission. A;3 G:\ Engineering\ Infrastructure \Streets \Traffic \Transportation Commission\Agendas\2008 R &R\200809118 6200 Interlachen.doc I -WEST LINE OF LOT 1. WIL HOOT'S ADDITION t. / •� DCI ►AnDD I AKIP z 0 F N N O 0 W 2 S Pack a T TRAFFIC STUDY COMPANY September 11, 2008 Mr. Jack Sullivan, PE City of Edina 4801 West 50th Street Edina, MN 55424 Re: Interlachen CC Maintenance Facility — Response to Traffic Study Comments Dear Jack, A draft Traffic Impact Study was completed in, July 2008 for Interlachen Country Club's proposed maintenance facility. The draft study contains useful data, but is no longer valid because Interlachen is reverting back to the existing access configuration for the maintenance facility (via Waterman Avenue). The proposed access onto Belmore Lane, the impetus for the traffic study, will now be gated and serve as an access only for emergency vehicles. Interlachen needs the larger maintenance building to store more supplies and equipment which will allow them to operate more efficiently. They do not intend to add more staff. The parking provided for staff is being shifted so the 33 grounds crew members will now be able to park next to the maintenance facility. The grounds crew typically arrives to Interlachen early in the morning and leaves early in the afternoon. Their traffic does not impact the traditional rush hour periods and has little impact on the area roadway network. Because Interlachen is not proposing to add more staff or change its access locations, they are not altering the existing traffic patterns. Since the proposed maintenance facility will not alter the existing traffic patterns, no Traffic Impact Study is needed. Please contact me if you need further information. Sincerely, SPACK CONSULTING Michael P. Spack, P.E. President n r� .. pk* . ­ a c e TRAFFIC STUDY COMPANY � -msµ IV. mw Draft-= - Traffic Impact Studv Interlachen Country Club Edina,. MN I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: Date: P' +l Michael P. Spack, P.E. License No. 40936 7 -18 -08 R1 - Draft TABLE OF CONTENTS 1. 2. 3. 4. Introduction and Summary .......................... ..............................1 Proposed Development and Study Area ... ............................... Existing Traffic Conditions ......................... ............................... Projected Traffic .......................................... ............................... 2 3 5 5. 6.. 7. Traffic and Improvement Analysis ............. ............................... Conclusions and Recommendations ........ ................... ............. Appendix ...................................................... ............................... 6 7 7 LIST OF FIGURES Figure2.1 - Location Map .................................................... ..............................2 LIST OF TABLES Table 4.1 — Existing Weekday Traffic ................................... ........... :..................4 Table 4.2 — Existing Saturday Traffic ......... ....................... ..............................4 Table 4.3 — Existing Sunday Traffic ..................................... ..............:...............4 Table 4.4 —Trip Generation ............................................:...:.. ..............................5 Table 4.5 — Existing Weekday Traffic .................................. ..............................6 Table 4.6 — Weekday Traffic with Development .................. ..............................6 Table 4.7 — Saturday Traffic with Development .................. ..............................6 Table 4.8 — Sunday Traffic with Development .................... ..............................6 Interlachen CC Maintenance Facility i Edina, MN Traffic Impact Study July, 2008 a._ -Draft -, 1. Introduction and Summary a. Purpose of Report and Study Objectives Interlachen Country Club is proposing to build a maintenance and storage facility on Belmore Lane east of John Street in Edina, MN. The two buildings will have approximately 24,000 square feet of combined space. A parking lot with 33 stalls will be provided for Interlachen employees. One single family home (6200 Belmore Lane) will be demolished as part of this development. The purpose of this report is to determine if completion of the maintenance and storage facility will significantly impact the adjacent transportation system. The study objectives are: i. Determine the existing traffic patterns on Belmore Lane. ii. Determine if Belmore Lane and Blake Road will operate acceptably with the new development. iii. Recommend improvements or development modifications if needed. b. Executive Summary Interlachen Country Club is proposing to add a maintenance and storage facility in Edina, MN. The existing single family home on the site will be removed and approximately 24,000 square feet of maintenance /storage facilities will be built. The parking lot will be accessed on the west via Belmore Lane. A twelve foot wide road on the south side of the site will provide the connection between the new facility and the Country Club. City staff has requested a traffic study be completed to determine the traffic impacts of the redevelopment on Belmore Lane and Blake Road. A full Transportation Impact Analysis is not required for this development per the City of Edina's Transportation Impact Analysis Initiation and Review Policy — April 2007. The principal findings of this study are: i. There are approximately 8,500 vehicles per day currently using Blake Road near Belmore Lane and there will be 8,600 vehicles per day if the proposed development is built. Both daily volumes are below Blake Road's capacity of 10,000 vehicles per day. ii. There are approximately 310 vehicles per day currently using Belmore Lane east of Blake Road and there will be 430 vehicles per day if the proposed development is built. Both Ao Interlachen CC Maintenance Facility Traffic Impact Study Edina, MN July, 2008 Draft - daily volumes are below Belmore Lane's capacity of 1,000 vehicles per day. iii. There are approximately 240 vehicles per day currently using Belmore Lane east of John Street and there will be 350 vehicles per day if the proposed development is built. Both daily volumes are below Belmore Lane's capacity of 1,000 vehicles per day. The existing roadway network can accommodate the increased traffic from the proposed maintenance and storage facilities. No physical roadway or traffic control improvements are necessary. To minimize the impact to the residences along Belmore Lane, it is recommended: • The parking lot should be for employees only. No club members should be allowed to park in the proposed lot. • The few deliveries per week made to the facility should be scheduled for non -peak, daytime hours. • No through traffic to or from the Country Club should be allowed through the new facility. 2. Proposed Development and Study Area a. Site Location The proposed development site is located on Belmore Lane approximately 1,300 feet east of Blake Road in Edina, MN as shown in Figure 2.1. Figure 2.1 —Location Map b. Land Use and Intensity The proposed development consists of a 20,000 square foot maintenance building, 4,000 square foot storage building, and 33 stall parking lot. A* J Interlachen CC Maintenance Facility 2 Edina, XfN Traffic Impact Study July, 2008 ve. 9 i Pu..ms.A as ew. u OP— Y ,.i1 Ys? fti— Proposed Interlachen CC Expansion 1� 1 1m.A.c1r. Canty ae 9 Figure 2.1 —Location Map b. Land Use and Intensity The proposed development consists of a 20,000 square foot maintenance building, 4,000 square foot storage building, and 33 stall parking lot. A* J Interlachen CC Maintenance Facility 2 Edina, XfN Traffic Impact Study July, 2008 ve. 9 i e Draft - c: Concept Plan See Appendix A for the concept plan. d. Development Phasing and Timing This study assumes the development will be fully operational in 2009. 3. Existing Traffic Conditions a. Physical Characteristics Vehicle access to the site will be provided from a single driveway on Belmore Lane. Belmore Lane is a local street under the City of Edina's jurisdiction. It is approximately 32 feet wide and does not have a posted speed limit (the speed limit defaults to 30 mph per State Statute). Parking is allowed along Belmore Lane.. Belmore Lane will be accessed by vehicles using the proposed lot via Blake Road, which is Hennepin County State Aid Highway 20. Blake Road is a two lane, undivided roadway designated as a Major Collector by Hennepin County. In the area of the proposed development the cross streets (including Belmore Lane) are stop sign controlled at Blake Road and Blake Road is free flowing. No turn lanes are provided at these intersections. b. Traffic Volumes According to Mn /DOT traffic flow maps, Blake Road had a daily traffic volume of 8,300 vehicles per day in 2005. Mn /DOT's State Aid office has assigned a 20 year growth factor of 1.2 to Hennepin County (which translates to a 0.92% compounded annual growth rate). Using this growth rate, we would expect the daily volume on Blake Road near Belmore Lane to be 8,500 vehicles per day in 2008. Mechanical counters were placed on Belmore Lane east of Blake Road and east of John Street from Wednesday, July 9`h through Sunday, July 13th. A summary of the data is shown in Tables 4.1 through 4.3. The volumes are slightly lower on the weekend. The traffic volume data by direction in one hour increments is contained in Appendix B. &�5 Interlachen CC Maintenance Facility 3 Edina, MN Traffic Impact Study July, 2008 - Draft Table 4.1 — Existing Weekday Traffic Dai ' !Ww A.Nk Peak Hour P& Peak Hour . Land Usn« . WIN EB W& ;:' Eg:. WW..- Eli.. Belmore Lane east 155 152 17 14 12 11 of Blake Road Belmore Lane east 120 114 14 12 12 6 of John Street Table 4.1 — Existing Weekday Traffic Table 4.2 — Existing Saturday Traffic -; Dal ' :.; `- A.M. Peak Hour . P.M Peak_ Hour Land Usa= WIN EBr W6 Eg` WO' Ems, Belmore Lane east 93 91 9 13 6 10 of Blake Road Belmore Lane east 68 68 10 10 2 5 of John Street Table 4.2 — Existing Saturday Traffic -; Dall A.NL Peak Hour : P.M. Peak Hour Land Use 11118,. EB �.. EB" WB EB': Belmore Lane east 105 108 8 5 12 6 of Blake Road Belmore Lane east 93 97 5 5 6 6 of John Street Table 4.3 — Existing Sunday Traffic c. Capacity Analysis Based on calculations from the Transportation Research Board's Highway Capacity Manual, a two lane undivided roadway such as Blake Road will operate at capacity with approximately 10,000 vehicles per day. Blake Road currently carries approximately 8,500 vehicles per day, which is below capacity. Belmore Lane can physically accommodate several thousand vehicles per day, but research from the University of California at Berkley has shown the quality of life noticeably degrades on a local street when it carries more than a 1,000 vehicles per day. Based on this research, the Metropolitan Council lists local streets in their Transportation Policy Plan as having a daily capacity of 1,000 vehicles per day. Belmore Lane currently carries significantly less traffic than its daily capacity. X�� Interlachen CC Maintenance Facility 4 Edina, MN Traffic Impact Study July, 2008 Draft - ,Y 4. Projected Traffic a. Site Traffic Forecasting A trip generation analysis was performed for the proposed maintenance and storage facility based on the methods and rates published in the ITE Trip Generation Manual, 71h Edition. The Weekday a.m. peak hour trip generation is for the 'one hour of adjacent street traffic" from 7 -9 a.m. The Weekday p.m. peak hour trip generation is for the "one hour of adjacent street traffic" from 4 -6 p.m. The trip generation calculations for the new development are based on 33 employees using the parking lot, which is more conservative than basing the analysis on the overall square footage. This data also includes trips from delivery truck and garbage truck traffic. The resultant trip generations are shown in Table 4.1. It should be noted this trip generation is for the peak golf season. There will be significantly less traffic in the winter months when driving conditions are at their worst. Land Use ITE Code D Illy A.M. Peak; Hour P.M. Peek Hour. Enter Exit Enter. Exit Enter Exit Single Family Home 1 Unit Removed 210 -5 -5 -0 =1 -1. -0 Maintenance /Storage 33 Employees Added 150 +64 +64 +12 +5 +7 +13 TOTAL TRIPS ADDED 59 59 1 12 4 6. 13 Table 4.4 -Trip Generation Based on a discussion with City Staff, it is anticipated 90% of the traffic will access the parking lot via Belmore Lane to the west and Blake Road to the north. The remaining 10% will access the parking lot via Belmore Lane to the west and Blake Road to the south. This is based on the area population centers, roadway network, and existing traffic patterns. Blake Road to Belmore Lane is the most direct route to the proposed development. There is no reason for the employees to use a more circuitous route through the adjacent neighborhood. The a.m. peak hour, p.m. peak hour, and daily trips generated by the site were assigned to the area roadways per the trip distributions described above. The traffic volumes added to the Belmore Lane through this process are shown Table 4.5. Additionally, approximately 110 of the vehicles per day will be added to Blake Road north of Belmore Lane and 10 vehicles per day will be added to Blake Road south of Belmore Lane. Interlachen CC Maintenance Facility 5 Edina, MN Traffic Impact Study A41 July, 2008 E Draft Aw Table 4.5 — Existing Weekday Traffic b. Total Traffic with Development Traffic forecasts were developed for the Build scenario by adding the traffic generated by the proposed development, as shown in Table 4.5 to the existing volumes shown in Tables 4.1 through 4.3. The resultant Build traffic forecasts are shown in Tables 4.6 through 4.8. Additionally, it is anticipated Blake Road will carry 8,600 vehicles per day at Belmore Lane after completion of the proposed development. A • A:Mt Peak Hour P.M: Peak Nout Wes` EW= mw DraftAw 9� approximately 8,600 vehicles per day near Belmore Lane after the development is built. Belmore Lane will cant' approximately 430 vehicles per day east of Blake Road and 350 vehicles per day east of John Street after the development is built. Both roads will operate below capacity after the development is built. c. Travel Demand Management Plan For analysis purposes, it is assumed the peak hour traffic will occur at the same time as the roadway peak hours. This results in the most conservative analysis. The parking lot will be primarily for grounds crews who typically arrive and leave outside of the typical rush hours. To minimize the impact to the residences along Belmore Lane, it is recommended: • The parking lot should be for employees only. No club members should be allowed to park in the proposed lot. • The few deliveries per week made to the facility should be scheduled for non -peak, daytime hours. • No through traffic to or from the Country Club should be allowed through the new facility. 6. Conclusions and Recommendations Blake Road and Belmore Lane currently have daily traffic volumes below each road's capacity. Both roads will have daily traffic volumes below capacity after the proposed development is built. No physical improvements to the transportation network are required to accommodate the proposed development's traffic. To minimize the impact to the residences along Belmore Lane, it is recommended: • The parking lot should be for employees only. No club members should be allowed to park in the proposed lot. The few deliveries per week made to the facility should be scheduled for non -peak, daytime hours. No through traffic to or from the Country Club should be allowed through the new facility. 7. Appendix a. Concept Plan b. Traffic counts Interlachen CC Maintenance Facility 7 Traffic Impact Study W Edina, MN July, 2008 Draft - ��/1 Appendix A Concept Plan Nsa -Draft - 'a Appendix B Traffic Counts As-a- Traffic Data Inc. Draft m Page 1 952.926.0916 Site Code: 000022681101 Belmore Lane east of Blake Rd Edina, NIN Thu Fri Sat Sun Week Average Start 07- Ju1-08 Tue Wed EB WB EB WB EB WB EB WB EB WB EB Time WB EB WB EB WB 12:00 + 0 0 0 0 0 0 1 2 0 0 0 0 0 AM • • p 0 0 0 0 0 1 01:00 1 0 0 0 0 0 p 0 02:00 i 0 0 0 03:00 ' • 2 0 0 0 0 0 1 0 1 04:00 ' ' 1 3 0 0 0 1 1 1 4 2 05:00 7 0 4 6 4 3 0 , 06:00 ` + + 17 14 13 � 9 �s:a.e;c±iisii 5 " 9 8 07:00 ' -.. 11 9 i:'Mo 4 4 08:00 4 5 10 7 2 1 4 2 5 7 09:00 7 7 16 12 5 2 5 8 10:00 11:00 13 12 10 _ 13 H 5 6 5 11 11 12.00 • ` ` 12 13 15 s. 8 s L, 9 6 PM 01:00 7 12 ,tea,.. 11 _.F�1. 5 7 11 1 6 3 3 9 7 (8 5 ;e(. 8 8 02:00 9 8 11 10 , 10 :..:;. Lo 6 8 6 6 6 9 8 9 03:00 10 ;. •' .� -%-- 7 4 12 4 9 9 4 5 4 5 8 6 04:00 ` ` + 12 v3+ . 11 12 11 5 5 4 6 6 10 -�� ;;•:� 6 6 10 7 06:00 7 10 6 7 6 4 4 5 6 07:00 7 8 5 10 2 5 4 3 9 9 5 7 08:00 09:00 3 6 5 4 3 3 4 2 3 3 10 3 6 4 4 4 W 10:00 ` • ` 8 3 3 3 3 3 6 2 2 2 1 8 2 3 1 11:00 ' 0 ' 0 0 103 2 116 1 155 0 152 144 137 93 91 105 108 127 127 Lane 0 0 0 219 307 281 184 213 254 Day AM 0 11:00 11:00 07:00 11:00 08:00 07:00 11:00 07:00 07:00 10:00 07:00 07:00 Peak Vol. 10 13 17 23 18 14 13 13 8 6 12 12 PM 17:00 15:00 12:00 12:00 14:00 12:00 12:00 12:00 17:00 14:00 12 :00 12:00 Peak Vol. 15 14 15 21 10 12 10 11 12 10 11 13 Traffic Data Inc. m Draft m Pagel 952.926.0916 Site Code: 000022681301 Belmore Lane east of John St Edina, MN Start 07- Jul-08 Tue Wed Thu Fri Sat Sun Week Average r...,- Cc uin Co %AIR CR 1A /R CR WR FR WR FR WR ER WR ER WB 12 :00 U U U 0 03 0 0 161 7a 114 234 120 105 210 105 ba 136. w U4 176 Oz ai 190 w AM Peak AM 11:00 11:00 07:00 08:00 0 0 0 0 10:00 0 0 2 1 0 0 01:00 14 14 12 13 0 0 0 0 5 0 0 0 0 0 40 02:00. _ 0 1 0 0 0 0 0 0 0 0 03:00 12:00 14:00 12.00 12:00 0 0 0 0 12:00 0 1 1 0 0 0 04:00 7 11 11 9 1 1 0 0 0 1 2 0 1 0 05:00 ' 3 2 0 0 1 0 0 2 1 1 06:00 ` ` 0 2 6 4 3 2 1 0 2 2 07:00 • 12 - ,;�� -ir'> 11 12.J..A� �c . 5 - 08:00 8 9 A. 10 -5 3 4 4 7 6 09:00 3 2 6 8 2 3 3 5 4 4 10:00 5 7 4 4 11 2 3 �; , 4 6 6 11:00 7 6 7 4 5 4 5 7 7 12:00 PM 6 6 4. Q 5 5 6 01:00 • 9 2 5 7 9 4 2 5 `,,y, 6 7 5 02:00 4 5 7 12 1 e,,,, 3 1 8 5 5 6 03:00 • • 10 8 10 3 5 6 5 2 4 2 7 4 04:00 ` ` 6 10 3 10 5 7 3 4 5 3 4 7 05:00 ' •. ;:;���' „_:; .•. 6 12 2 2 2 5 6 6 5 7 06:00 • 6 4 5 5 3 4 5 2 6 6 5 4 07:00 4 2 5 4 7 5 3 3 2 2 4 3 08:00 6 5 7 5 4 2 3 1 6 6 5 4 09:00 5 3 4 4 4 4 1 2 8 2 4 3 10:00 ' ' 2 4 3 3 2 2 2 2 5 5 3 3 11:00 ' 2 0 0 1 2 3 1 2 2''. -- 71 1 3 Lane Day U U U 0 03 0 0 161 7a 114 234 120 105 210 105 ba 136. w U4 176 Oz ai 190 w AM Peak 11:00 11:00 11:00 07:00 08:00 10:00 07:00 07:00 10:00 07:00 07:00 07:00 Vol. 7 10 14 14 12 13 10 10 6 5 10 10 PM Peak 17:00 17:00 12:00 12:00 12:00 14:00 12.00 12:00 13:00 23:00 12:00 12:00 Vol. 11 12 14 12 9 7 11 11 9 7 9 8 PC Minutes October 1, 2008 Page 8 Flannery stated she ; uld be willing to m neighbors in the past ihclug the Leffler, if the townhomes have on-sit, ,,security,; -,11 affirmative. :with all neighbors, and has met with Chair Lonsbury asked Ms. Flannery Flannery responded in the Mr. Dorgan addressed the Commission,, nd asked them to defer action on their Rim ;c request to allow them time to meet and r"eyiew the concerns and suggestions expressed by the neighbors and`Ihe Comm sion. Commission Action rr� Commissioner Brown , ved to table 2008.0012. Commissioner Fischer seconded the motions;All voted aye; motion carried. 2008.0013 Conditional Use Permit Interlachen Country Club 6200 Interlachen Boulevard Planner Presentation Planner Teague informed the Commission Interlachen Country Club is proposing to build two new maintenance buildings on property adjacent to and owned by the Country Club, and in the current Belmore Lane right -of -way. The site exists today with two single - family homes and the cul -de -sac for Belmore Lane. The two homes would be removed, and Belmore Lane would be shortened, and reconstructed. The main building would be 20,000 square feet in size, and the second building would be 2,600 square feet in size. Planner Teague explained access to the maintenance building would be from an existing interior road off Interlachen Boulevard and Waterman Avenue. An emergency vehicle access and gate is proposed at the end of Belmore Lane. The applicant originally was proposing a public access to the new facilities off of Belmore Lane. However, revised the plans after concern was raised by the neighbors who did not want additional traffic brought through their neighborhood. Planner Teague noted the request requires a Conditional Use Permit and a Vacation of a portion of Belmore Lane. The roadway Vacation would be considered when the City Council considers the Conditional Use Permit. Planner Teague concluded staff recommends that the City Council approve the Conditional Use Permit to build new maintenance facilities at 6200 Interlachen Boulevard for the Interlachen Country Club based on the following findings: AS-r PC Minutes October 1, 2008 Page 9 1. The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd. 4.E, of the Edina Zoning Ordinance. 2. The proposal meets all applicable Zoning Ordinance requirements. Approval is also subject to the following conditions: 1. The site must be developed and maintained in substantial compliance with the following plans, unless modified by the conditions below: • Site plan date stamped September 2, 2008. • Building elevations date stamped September 2, 2008. • Grading plan date stamped September 2, 2008. • Landscape plan date stamped September 2, 2008. • Cul -de -sac reconstruction plan date stamped September 19, 2008. 2. The City Council must approve the Vacation of the end of Belmore Lane. 3. Submit a copy of the Minnehaha Creek Watershed District Permit. The City will require revisions to the approved plans to meet the District's requirements. 4. The Belmore Lane cul -de -sac must be re- designed and reconstructed by the applicant per city standards. Final re- construction plans shall be subject to review and approval of the city engineer. 5. Access from Belmore Lane shall be used by emergency vehicles only. The gate located at the entrance to the site shall remain locked, and not be used by members or employees of the club. 6. Belmore Lane may not be used by construction vehicles accessing the site, or for parking. 7. The buildings must meet all applicable building permit requirements: 8. All conditions required by the city engineer in his memo dated September 25, 2008. 9. Record the approving resolution with the county. Appearing for the Applicant Truman Howell, Lyle Ward, George Carroll, Peter Boosalis, Mark Kretchman Applicant Presentation Mr. Howell introduced members of Interlachen Country Club development team. Mr. Boosalis, 7718 Lochmere Terrace, addressed the Commission and informed them the Country Club held neighborhood meetings to inform neighbors of the their plans to construct two new maintenance buildings. Mr. Boosalis said their goal is to be a good neighbor, adding after further study and input from neighbors the Club revised their original plan to eliminate vehicle access to the course from Belmore Lane. Mr. Boosalis concluded the Interlachen team is available to answer questions from the Commission. Ash PC Minutes October 1, 2008 Page 10 Chair Losnbury invited the public to speak. Public Comment Dennis Hogan, 6204 Belmore Lane, asked the Commission to deny the Conditional Use Permit. Mr. Hogan said this type of facility is industrial, not residential, and our immediate neighborhood will change as a result of'this proposal. Mr. Hogan also noted that he believes the new buildings will generate more noise because of the number of employees that will use these facilities and the industrial use of equipment stored in the maintenance building. Concluding, Mr. Hogan stated he also believes neighborhood property values will be negatively impacted if the CUP is approved. Richard Windham, 6333 Belmore Lane, told the Commission his major concern was with traffic. Mr. Windham added he does have a concern with the emergency vehicle gate at the end of the cul de sac and what could happen if the gate is accidently left open. Mr. Windham said he is also concerned with the number of caddies that work at the golf course, adding he believes Interlachen has at least 75 caddies and a number of them walk down Belmore Lane or are dropped off at the end of the street to access the club house. Concluding, Mr. Windham acknowledged Interlachen Country Club is a good neighbor. He noted the Country Club has indicated to neighbors that they will leave an access open to the course to view the fireworks and cross country ski in the winter months. Mary McDonald, 6216 Belmore Lane, told the Commission there are 39 residential properties that make up this neighborhood. Ms. McDonald acknowledged that the Country Club has held a number of meetings with regard to this project. Ms. McDonald said she has a concern with the proposed building materials adding structures with metal siding have a more warehouse appearance and will be noisier. Ms. McDonald stated she also is concerned with caddy drop off or caddies walking or riding their bikes down Belmore to gain access to the golf course. Continuing, Ms. McDonald stressed that the neighborhood wants assurances that caddies, deliveries, employees, patrons and visitors do not use Belmore Lane to access the golf course. Ms. McDonald presented a graphic that indicated golf courses that do not have their maintenance buildings as close to residential properties as the proposed maintenance buildings; the courses are Bear Path, Braemar, Edina Country Club, Fred Richards, Minikanda and North Oaks. Ms. McDonald also told -the Commission that recently a crime was committed in this neighborhood, adding this is a quiet neighborhood and more traffic is a concern. Ms. McDonald concluded that noise is also a concern. Mr. Ted Volk, 6301 Belmore Lane, told the Commission his concern is with preserving as many trees as possible and planting additional landscaping to minimize impact of the maintenance building. Mr. Volk said he also wants As7 PC Minutes October 1, 2008 Page 11 assurances that the proposed gate at the end of Belmore Lane is used only by emergency vehicles period. He stated he doesn't want to see this access used as an entry or exit to the course by employees. Concluding, Mr. Volk stated overall he can support the project; however, he reiterated he wants the landscaping planted as presented this evening. Kevin Shaw, 6220 Belmore Lane, told the Commission the vast majority of neighbors support the project as presented. Mr. Shaw reported the neighbors and the Club have worked closely over the last few months to get to this point. Plans have been revised and the revised plan presented this evening is the outcome of the neighbors and Club working together. Mr. Shaw acknowledged that change is always difficult, adding that Mr. Hogan on behalf of his parents has not "signed off' on the plan presented by Interlachen. Mary McDonald, 6216 Belmore Lane, told the Board with regard to the neighborhood there are five or six families that have no opinion on what the Country Club does; however, the majority of neighbors do have concerns. Ms. McDonald acknowledged Interlachen has been a good neighbor. Mr. Hogan, representing his parents at 6204 Belmore Lane, requested that the Planning Commission table this issue to allow him time to meet with representatives from the Country Club to go over concerns he still has with this project. Commissioner Brown moved to close the public hearing. Commissioner Fischer seconded the motion. All voted aye; motion carried. Commission Comments Chair Lonsbury noted that Interlachen and neighborhood residents have met on numerous occasions and at this time the Commission will address the concerns that were expressed by residents and concerns that the Commission may have. Chair Lonsbury said he believes the initial concern of the neighborhood was traffic and access off Belmore Lane into the golf course. Chair Lonsbury noted the revised plan indicates that only emergency vehicles can access the golf course from Belmore Lane. Continuing, Chair Lonsbury reported that Interlachen Country Club has petitioned the City Council to vacate the right -of -way portion at the end of Belmore Lane. That action will be a public hearing before the City Council sometime in November. Chair Lonsbury noted another concern expressed by residents is that caddies for Interlachen Country Club would access the caddy shack via Belmore Lane. Chair Lonsbury said he doesn't know how this would be guaranteed not to occur. Chair Lonsbury asked Planner Teague if the City required that Interlachen provide an emergency access point at this location. Planner Teague responded in the affirmative. Chair Lonsbury commented that since the City in a sense is 1-1 %J� PC Minutes October 1, 2008 Page 12 dictating emergency access at this point the City should retain control over the right -of -way. Planner Teague interjected and explained if the right -of -way isn't vacated there would be no project, at least not as presented. The request includes removal of the two single family homes owned by Interlachen at the end of Belmore Lane and vacating the right -of -way. Commissioners acknowledged that the neighbors and Country Club have made great strides, The increased landscaping, and revised cul de sac; however the proposal will be a change. Applicant Response Lyle Ward told the Commission they will do their best, do whatever it takes, to discourage traffic on Belmore Lane: Mr. Ward stressed the only reason for the gate at the end of Belmore Lane is for emergency vehicle access. Mr. Ward said the Club will instruct their caddies to use the main entrance when walking, riding their bikes or being dropped off. Mr. Ward said if so desired the Club will put up a fence to prevent any access to the golf course from Belmore. Mr. Ward also pointed out Interlachen Country Club was constructed in 1910 and there are difficulties in updating the course, noting the course is virtually land locked. Continuing, Mr. Ward pointed out the current location of the maintenance building is in the parking lot and this can be dangerous for everyone. Concluding, Mr. Ward said there are other golf courses within the metropolitan area with maintenance buildings in close proximity to residential properties. Commission Action Commissioner Fischer moved to recommend Conditional Use Permit approval based on staff findings and subject to staff conditions excluding the vacation of the right -of -way. Approval is also based on the agreements between the Club and neighbors dated September 25, 2008. Commissioner Brown seconded the motion. A discussion ensued between Commissioners with regard to right -of -way. A number of Commissioners felt a revised vacation of the right -of -way would allow the project to proceed while leaving the City in "charge of the gate ". It was reiterated during this discussion that the City of Edina Police and Fire are the bodies. dictating emergency access off Belmore Lane. Commissioner Brown pointed out if anyone visits the Club during events they would realize. how congested the parking lot and circulation element is, adding he would think the Commission would also be concerned with maintaining the safety of visitors and employees of the Club. Concluding, Commissioner Brown said in his opinion emergency vehicles should be provided with the safest and best access possible and Police and Fire have indicated a gate at the end of Belmore Lane is needed to service the Club if an emergency should arise. AT-1 PC Minutes October 1, 2008 Page 13 Commissioner Schroeder stated he can't support the motion as presented because he believes there is no reason for not vacating the right -of -way as requested. . Commissioner Schroeder pointed out public right -of -ways are just that, public. If the right -of -way isn't vacated as proposed that means there is a public use and the neighborhood has indicated they do not want the public to have access to, or to park in this area. Commissioner Schroeder pointed out the City can't prevent people from driving, biking or walking down Belmore Lane — so why not vacate the right -of -way. Chair Lonsbury noted the City dictated emergency access at this point, so maybe the City should control it. Commissioner Forrest stated she cannot support the Conditional Use Permit as presented because in her opinion it fails to meet the criteria in granting a CUP. Continuing, Commissioner Forrest said the noise from employees and smells from machinery will give this area a more industrial feel. Commissioner Forrest said the City is also very careful with "losing" public land and if the vacation is allowed, the City can't get it back. Ayes, Fischer, Brown, Lonsbury. Nay; Risser, Staunton, Schroeder, Forrest. Motion for approval failed. Commissioner Forrest moved to recommend denial of the Conditional Use Permit noting the criteria for approval of a Conditional Use Permit has failed. Commissioner Risser seconded the motion. . Commissioner Brown commented that he believes a disservice is being done to the Country Club, he pointed out at previous meetings the major focus of the neighborhood was to prevent access to the course from Belmore Lane by maintenance vehicles, etc. Commissioner Brown said it now appears there are a number of different issues, building materials, landscaping, etc. Ayes; Risser, Staunton, Forrest. Nays; Schroeder, Fischer, Brown, Lonsbury. Motion to deny failed. Commissioner Schroeder moved to recommend Conditional Use Permit approval based on staff findings, and subject to staff conditions. Approval is also subject to neighbor and Interlachen Country Club conditions dated September 25, 2008. Commissioner Brown seconded the motion. Ayes; Staunton, Schroeder, Fischer, Brown. Nays; Risser, Forrest, Lonsbury. Motion Carried. Chair Lonsbury explained his negative vote was because he believes the City should control as much of the right -of -way as possible. PUBLIC COMMENT: No additional public comment. A4 D PC Minutes October 1, 2008 Page 14 III. PUBLIC COMMENT: No additional public comment. IV. INTERGOVERNMENTAL BUSINESS: Update on Utility Shed for Edina Public Schools: Planner Teague informed Commissioners the School District and City staff met to discuss the possibility of locating their utility shed in the area of the Creek Valley Elementary School Park. Planner. Teague said this site is a city park site; however, it's mainly used by the District. The School District will apply for a Conditional Use Permit for this location sometime in the future. Chair Lonsbury acknowledged the back of the packet materials. V. ADJOURNMENT: The meeting was adjourned at 11:00 PM �Cam- !S b ed by 441 anning Commission Minute Summary llnuary 28, 2008 1�e3of14 Can the maintenance building be pushed back to eliminate the ga between the building wall and the fence — the rear of the propos building could create an attractive nuisance — In respo a to their questions Commissioners were informed: • The for of the new maintenance building will be en to match the existin field buildings. • The bo shape of the new building best suits square footage of the building t ccommodate the storage of equ' ent and vehicles. • The locatio f the new building provides er vehicle access off the parking lot. It as pointed out if the pro sed building was positioned to line up with the her buildings it wou it easily fit. • With regard to cr ting an attractiv uisance for kids to congregate behind the building etween the ilding and fence the district indicated their willingness to a a light- ck in that area. Commission Action Commissioner Grabiel askeyhe sd landscaping proposed to s en the plantings. I district to take another look at the intenance building and suggested larger Commissioner Gra also noted that preN before t/nceb ion requesting a Conditi mainteng on the east side of disc that me ssioners suggested that mainteng near the football field. district f with that suggestion. sly the school district appeared ial Use Permit to construct the property (Concord Avenue). At i isSsloner rict "re- locate" the om Grabiel thanked the CogiiMissioner Grabiel moved to recommend Condi nal Use Permit a roval based on staff findings and subject to staff nditions. ommissioner Staunton seconded the motion. All vote aye; motion carried. 2008.0013.09a Conditional Use Permit Interlachen Country Club 6200 Interlachen Boulevard, Edina Planner Presentation Planner Teague informed the Commission the Interlachen Country Club is proposing to build two new maintenance buildings on property adjacent to and owned by the Country Club, and in the current Belmore Lane right -of -way. The site exists today with two single - family homes and the cul -de -sac for Belmore 3 Planning Commission Minute Summary January 28, 2008 Page 4 of 14 Lane. The two homes would be removed, and Belmore Lane would be shortened, and reconstructed. The main building would be 20,000 square feet in size, and the second building would be 2,600 square feet in size. Planner Teague explained that access to the maintenance building would be from an existing interior road off Interlachen Boulevard and Waterman Avenue. An emergency vehicle access and gate is proposed at the end of Belmore Lane. The applicant originally proposed a public access to the new facilities off of Belmore Lane. However, revised the plans after concern was raised by the neighbors who did not want additional traffic brought through their neighborhood. Planner Teague clarified that the request requires the following: 1. Conditional Use Permit. A Conditional Use Permit is required to expand the golf course and parking area. 2. Lot Division. A Lot Division is requested to shift the lot line that separates 6200 and 6204 Belmore Lane. The Lot Division does not create a new lot. Land would be given to the adjacent lot, north of the proposed maintenance builidng, in exchange for land west of the maintenance building. 3. Roadway Vacation. As mentioned Belmore Lane is requested to be shortened, which requires a Vacation. This would be considered by the City Council when it considers the Conditional Use Permit and Lot Division. Continuing, Planner Teague told the Commission this application is essentially the same as the previous request reviewed by the Planning Commission in October of 2008, with the exception of a Lot Division. Planner Teague recommended that the City Council approve the Conditional Use Permit to build new maintenance facilities at 6200 Interlachen Boulevard for the Interlachen Country Club based on the following findings. 1. The proposal meets the Conditional Use Permit conditions per Section 850.04 Subd. 4.E, of the Edina Zoning Ordinance. 2. The proposal meets all applicable Zoning Ordinance requirements. Approval is also subject to the following conditions: 1. The site must be developed and maintained in substantial compliance with the following plans, unless modified by the conditions below: • Site plan date stamped December 30, 2008. • Building elevations date stamped December 30, 2008. • Grading plan date stamped December 30, 2008. • Landscape plan date stamped December 30, 2008. k3 M Planning Commission Minute Summary January 28, 2008 Page 5of14 Cul -de -sac reconstruction plan date stamped December 30, 2008. Lighting plan date stamped December 30, 2008. 2. The City Council must approve the Vacation of the end of Belmore Lane. 3. Submit a copy of the Minnehaha Creek Watershed District Permit. The City will require revisions to the approved plans to meet the District's requirements. 4. The Belmore Lane cul -de -sac must be re- designed and reconstructed by the applicant per city standards. Final re- construction plans shall be subject to review and approval of the city engineer. 5. Access from Belmore Lane shall be used by emergency vehicles only. The gate located at the entrance to the site shall remain locked, and not be used by members or employees of the club. 6. Belmore Lane may not be used by construction vehicles accessing the site, or for parking. 7. The buildings must meet all applicable building permit requirements. 8. All conditions required by the city engineer in his memo dated January 20, 2009. 9. Record the approving resolution with the county. Concluding Planner Teague stated staff also recommends that the City Council approve the Lot Division to shift lot lines with the adjacent property. Appearinq for the Applicant Lyle Ward, Craig Christianson, Gary Zumberg, Donald Ross Applicant Presentation Mr. Ward addressed the Commission informing them interlachen Country Club (ICC) was founded in 1909 and is having its 100 year anniversary. Mr. Ward explained that presently Interlachen Country Club serves 750 families and of those 750 families 450 live in Edina. Mr. Ward said Interlachen is an old city course and is considered one of the top 100 courses in the country. Mr. Ward reported in 1930 ICC hosted the US Open and in 2008 hosted the US Women's Open. Continuing, Mr. Ward said ICC and the City of Edina have a great history of working well together. Mr. Ward explained that the current project is necessary. He pointed out the maintenance facility is 50 years old and in very poor condition. The building also presents safety issues for employees. Concluding, Mr. Ward stated the goal of ICC is to construct a safe, modern and efficient maintenance facility. Mr. Christianson with the aid of graphics began his presentation by pointing out ICC is surrounded by a number of residential neighborhoods that "grew up" around the golf course. Mr. Christianson explained that the current maintenance building sits at the edge of the parking lot and was constructed in 1964. Mr. A$ Planning Commission Minute Summary January 28, 2008 Page 6 of 14 Christian said the present building is inadequate for the clubs maintenance needs and housing ICC's ground employees. Mr. Christianson said during the summer months ICC has roughly 30 employees that have to share a 300 square foot locker room with one toilet. Mr. Christianson said this is difficult when the employees are both male and female. Continuing, Mr. Christianson pointed out the changes that were made to the larger maintenance building. The garage doors now face the golf course, not the residential neighborhood and the wash area has also been shifted away from the residential area. Landscaping has also been increased to screen the buildings and parking area from the residential neighborhood. Mr. Christianson noted questions have been raised on where the "best place" is to construct the maintenance facilities. With the aid of graphics (developed by Mr. Farber) Mr. Christianson pointed out that the majority of the alternative sites wouldn't work. Two of the five sites (Option "C" and "D ") are located in an area of steep slopes, have limited access, with no parking or emergency vehicle access. One site (Option "B ") is immediately adjacent to Interlachen Boulevard and a residential home with no parking or emergency vehicle access. Mr. Christianson said two other sites (Proposed and Option "A ") would work. One is in the location presented this evening and the other site is between two ponds. Mr. Christianson stated he believes the proposed location is best. Concluding, Mr. Christianson informed the Commission ICC held a number of neighborhood meetings and after receiving input developed the plan before the Commission this evening. Mr. Zumberg said his primary concern was to assess the proposed lot division and how it would impact the Hogan property and ICC. Mr. Zumberg noted ICC has worked closely with the Hogan family, developing a plan acceptable to the Hogan's. Mr. Zumberg stated he believes the division as proposed enhances the Hogan property by providing better views of the golf course. Concluding, Mr. Zumberg said he has found in his assessments that properties in close proximity to golf courses have higher values as a result of their proximity to the course. Comments and Questions from the Comm_ ission Commissioners raised the following questions: • Who is responsible for the gate and its maintenance • Does this proposal require a Environmental Impact Study • How will the removal of the residential homes and reconfiguration of the cul de sac occur. • Will a variance be required for the fence and what will the landscaping and fence materials be. In response to issues raised Commissioners were informed: A45- 0 Planning Commission Minute Summary January 28, 2008 Page 7 of 14 • A gate would be provided at the entrance off the reconstructed cul -de -sac and it will remain locked. Only emergency vehicles access is permitted. The gate will be controlled by the City. Employees and Country Club members would not be allowed to gain access to the course off Belmore Lane. (This is a condition of approval) • An Environment Impact Study is not required for this project; however, a Minnehaha Watershed District Permit would be required. • Two single family homes will be removed (owned by ICC) and Belmore Lane would be shortened and reconfigured. • Planner Teague indicated he would review the proposed fence and City Code to determine if a variance is needed. Arborvitae, Honeysuckle and Dogwood would also be planted along the lot line to screen the parking lot and maintenance buildings. Overstory trees (Lindens) would also be planted. Oaks and Spruce are proposed at the edge of the wetland. Chair Fischer opened the public hearing. Public Comment Stuart Eiger, attorney representing Ms. McDonald and neighbors stated his clients are opposed to the City granting a Conditional Use Permit (CUP) to construct maintenance buildings at the end of Belmore Lane. Mr. Eiger said the placement of the proposed maintenance buildings only benefit ICC. Mr. Eiger said there is no evidence that the construction of these maintenance buildings will promote and enhance the general public welfare and will not be detrimental to the public health, safety, and welfare of the residents. Continuing, Mr. Eiger noted that the views presently enjoyed by residents will now be obstructed by a parking lot and industrial buildings. Concluding, Mr. Eiger stated the proposed maintenance buildings will reduce the property values of the homes along Belmore Lane, and asked the Commission to deny the requested CUP. Damon Farber gave a presentation on alternative locations to construct the maintenance buildings. Mr. Faber said in his opinion the best location is Option A. Concluding, Mr. Farber pointed out Option A is located between the two water bodies off of Kresse Drive where a maintenance building already exists. Mr. Farber stated at least to him Option A makes the most sense. Bill Weides, appraiser told the Commission he has appraised many properties near golf courses and believes if constructed as proposed the 28 foot high, metal, low class maintenance building will significantly impact the properties on Belmore Lane. JoAnne Smaby, realtor, explained as a . realtor she determines home value, adding she believes the property values in this neighborhood would be harmed if this proposal is approved and the maintenance buildings are constructed as submitted. A4 7 Planning Commission Minute Summary January 28, 2008 Page 8 of 14 Mr. Windham, 6233 Belmore Lane, told the Commission he's still concerned that traffic will increase on Belmore Lane as a result of this proposal. Mr. Windham acknowledged that ICC has indicated that the proposed gate is only for emergency vehicle access; however, he is still concerned that others will choose to use this as an access point. Paul Hedblom, 6205 Spruce Road, told the Commission his concern is with property values. Mr. Hedblom questioned why the new maintenance buildings couldn't be built in the area known as the "chicken farm ", adding this location was also recommended by Mr. Farber (Option A) as the location that makes the most sense. Mr. Hedblom reiterated he believes if constructed as presented his property value would be negatively impacted. . Ms. Donovan, 317 John Street, told the Commission she lives in a sleepy neighborhood, adding that she agrees with Mr. Hedbloms suggestion that the new maintenance buildings should be constructed in the "chicken shack/farm" area. Concluding, Ms. Donovan stated her concern is with property values and the potential for noise, asking the Commission to vote "No" on ICC's request for a Conditional Use Permit. Ms. Marshall, 305 John Street, explained she moved into this neighborhood for the quiet. Ms. Marshall stated now she is very concerned that "quiet" will be broken by the, noise emitted from industrial use buildings. Ms. Marshall added another concern she has is'the. potential for caddy's (walking or dropped off) to use the "gate" to gain access to the course. Concluding, Ms: Marshall said she also believes Belmore Lane shouldn't be the only street burdened by emergency vehicles. Mr. Bennett, 6229 Belmore Lane asked the Commission to consider the opinions of the individual property owners and deny the request as submitted. Mr. Thomas Meehan, 315 Grove Place informed Commissioners he is very opposed to this project. Mr. Meehan stated he is entitled to a quiet peaceful existence, pointing out the general public doesn't belong to ICC. Mr. Meehan asked the Commission to preserve his enjoyment of the neighborhood by denying the CUP. Robert Schweitzer, 305 Grove Place, asked the Commission to deny the request, adding if constructed the buildings would lower his property value. Stuart Lind, 301 Grove Place, stated he believes this proposal will generate noise in a very quiet neighborhood. Concluding, Mr. Lind said the noise from the buildings would be a nuisance and the proposed landscaping will not stop the noise. Al 0 Planning Commission Minute Summary January 28, 2008 Page 9 of 14 Jill Rivard, 6224 Belmore Lane, stated her monetary worth is in her property value and this proposal will lower that value. Ms. Rivard said she is also very concerned with the storage of chemicals proposed for the second maintenance building. Barb Swanson, 308 Grove Place, stated her concern is with the storage of industrial chemicals in the smaller of the two proposed buildings. Ted Volk, 6301 Belmore Lane suggested that the Commission deny the CUP. Mr. Volk stated that the majority of residents in the immediate area object to the proposal. Monica McDonald, 6216 Belmore Lane referred to research she did on golf courses in the metropolitan area, suggesting that construction of industrial buildings so close to residential properties is not the norm. Ms. McDonald stated in her opinion the proposed buildings will be an eyesore. Cheryl Bristol, 6208 Belmore Lane, pointed out if ICC constructs the maintenance building as proposed her view will be of tin buildings (one overly large), adding in her opinion nothing would adequately screen them. Mary McDonald, 6216 Belmore Lane, respectfully requested that the Commission deny the Conditional Use Permit. Ms. McDonald pointed out if approved nearby residents would be subjected to light standards and noise from the lawn mowers, and other maintenance machinery. Concluding, Ms. McDonald said in her opinion the scale of the largest building is overpowering. Greg Wilson, 6320 Belmore Lane, said the Belmore neighborhood is a tight knit community and if this CUP is approved the neighborhood won't be the same. Mr. Wilson suggested that if approved no pedestrian, car or truck traffic should be allowed on Belmore Lane to access the golf course. Mr. Wilson also asked that if approved special attention is paid to the type of lighting installed. Concluding, Mr. Wilson pointed out ICC doesn't.keep the current maintenance areas free of clutter, adding what would make this maintenance area any different. Mr. Tim Schields, attorney representing Dr. and Mrs. Hogan said originally the Hogan's objected to the proposal, but since that time the Hogan's and ICC have come to a mutual agreement. Mr. Schields acknowledged that ICC has been a good neighbor allowing the neighborhood access to the course during different times. Mr. Schields concluded that he doesn't know why the cul de sac is even needed, pointing out Belmore Lane will end and the gate will be setback even farther. Commissioner Grabiel moved to close the public hearing. Commissioner Brown seconded the motion. All voted aye; motion carried. rim Planning Commission Minute Summary January 28, 2008 Page 10 of 14 Comments and questions from the Commission Chair Fischer said one issue that was raised was about the proposed gate. Chair Fischer asked Planner Teague if this type of gate has ever been used before. Planner Teague responded that to the best of his knowledge this type of gate hasn't been used in Edina; however, both the police and fire departments are familiar with this type of gate and believe this is the best approach to gain access to the course. Commissioner Forrest said she is concerned that if an emergency were to occur in the proposed maintenance area that the City's emergency responders are the only ones able to open the gate. Chair Fischer interjected noting a resident questioned why emergency vehicles are even allowed to access the course via Belmore Lane. Planner Teague explained it is very important to be able to provide an adequate timed response to emergencies that could arise at this end of the course. Planner Teague explained the fire department in particular doesn't want to weave through the Clubs parking lot if an emergency would occur in this area. Commissioner Risser asked Planner Teague if any research was given to the alternative locations referred to this evening. Planner Teague responded that City Staff recently received the alternative locations and to date hasn't assessed their merit. Chair Fischer noted the Planning Commission heard a similar request from the Club in October. Fewer residents attended that meeting, and the focus was on ICC working with the Hogan's to develop a plan that would be acceptable to them. Continuing, Chair Fischer reported after three votes the Commission did approve the requested CUP. Chair Fischer asked Planner Teague if that approval still stands. Planner Teague responded that ICC withdrew that application, adding this proposal is a completely new application. Commissioner Brown commented that clarification needs to be made on the term being used "whole /entire neighborhood ", pointing out the Belmore neighborhood is only one of the neighborhoods situated around the golf course. Commissioner Brown said he is uncomfortable with the dialogue thus far, noting the presence of attorneys, appraisers, etc. creates adversarial positions. Chair Fischer told the Commission when he walked the area he observed that the area known as the "chicken farm" appears to be naturally screened by a berm. Chair Fischer commented if the CUP is approved as recommended could the height of the larger building be lowered or the entire building lowered to reduce the impact from Belmore Lane. Commissioner Grabiel said he doesn't question the need for a new maintenance building, one is needed; however, there seems to be other sites available that are A` 10 Planning Commission Minute Summary January 28, 2008 Page 11 of 14 less intrusive. Continuing, Commissioner Grabiel said he walked the site and believes property values are tied to the views and the views for the residents on Belmore Lane would change if this CUP is approved as presented. Concluding, Commissioner Grabiel said in his opinion this proposal has no public benefit, adding he believes the suggested location would create a nuisance for the neighborhood. Commissioner Grabiel stated he cannot support the proposal as submitted. Commissioner Brown commented that if the proposed location can't be supported how could an alternative location be supported. Commissioner Schroeder pointed out this Conditional Use Permit request is different from others because what actually is happening is that R -1 residential lots are being changed from a residential use to a non - residential use. Commissioner Schroeder acknowledged that the Club is also zoned R -1; however, it can be argued that by approving this CUP the Commission would be changing the character of the neighborhood by allowing the removal of single family homes and replacing them with industrial buildings. Commissioner Forrest commented that in her opinion this location would have had more merit if access to the golf course would come from Belmore Lane, but when that access was eliminated other locations should have been pursued. Commissioner Forrest stated she agrees with Commissioner Grabiel, new maintenance buildings are needed; however, the one proposed is overly large and impacts the Belmore neighborhood. Commissioner Staunton said what he understood from the presentations by both Mr. Christianson and Mr. Faber was that three of the suggested locations for the maintenance buildings wouldn't work and two would. One is in the location before the Commission this evening and the other is Option A near /in the "chicken farm" area. Continuing, Commissioner Staunton said he was also struck by the size of the larger maintenance building, reiterating it's big. Commissioner Staunton commented if ICC would entertain the suggestion of locating the maintenance buildings in the "chicken farm" area (Option A) how would that impact the neighbors on Kresse Circle, pointing out the Commission may hear the same type of opposition from that neighborhood. Concluding, Commissioner Staunton suggested that the size of the larger building be reduced, noting there is merit in locating the maintenance buildings in an area where one already exists. Commissioner Scherer commented that regardless of the need for new maintenance facilities in her opinion the size of the larger building is just too much. Commissioner Scherer said she is also disappointed with the facade and exterior building materials used on the proposed maintenance buildings, adding they need to be "dressed up ". 06 11 Planning Commission Minute Summary January 28, 2008 Page 12 of 14 The discussion continued with Commissioners acknowledging that ICC did respond to their suggestions from the October meeting; however, in the opinion of the majority of Commissioners the proposed maintenance buildings could be situated in a different location, pointing out the area between the ponds already house a maintenance building and that may be the logical location for these buildings. It was noted by representatives of ICC that the size of the larger building is the result of consolidating all other maintenance buildings. The discussion continued with representatives requesting that the Commission table their request to allow them time to review their options. Commission Action Commissioner Schroeder (at the request of the applicant Interlachen Country Club) moved to table 2008.0018.09a to an unspecified date with the requirement that the applicant provide the City with a letter waiving the 120 day requirement. Commissioner Staunton seconded the motion. Commissioner Brown suggested that the neighbors and applicant work together to find some common ground. All voted aye; motion to table 2008.0018.09a approved. III. INTERGOVERNMENTAL BUSINESS: Election of Vice Chair: Commissioner Brown moved to nominate Kevin Staunton as Vice - Chair. Commissioner Schroeder seconded the motion. Chair Fischer asked Commissioners if there are any other nominations. Being none Chair Fischer called for the vote. All voted aye to approve the nomination and elect Commissioner Staunton as Vice - Chair. Chair Fischer told Commissioners he would like to set as a goal for 2009 that the Commission re- evaluate the Zoning Ordinance and amend the Ordinance where appropriate. Commissioner Scherer told Commissioners that in looking back over the past three years she found she is very proud of some projects and not so proud of others. Commissioner Scherer opined that as the Commission moves forward it may be appropriate to also look backward, focusing on past projects, good and 71 12 Planning Commission Minute Summary January 28, 2008 Page 13 of 14 bad. Commissioner Scherer suggested scheduling a work session on "re- visiting" past actions. Chair Fischer stated he thinks that's a good idea which could include a bus tour. Advisory Board udates: Commissioner Risser liaison to the Energy and Environment Commission (EEC) informed the Commission the EEC has submitted two Senior May -Term projects to the Edina High School. Commissioner Brown liaison to the Transportation Commission reported that SAC has completed their report on the West 70th Street project(s), adding the City Council will hear the SAC report at their February 3, meeting. Planner Teague reminded Commissioners of their upcoming work session with the Council on February 3rd IV. PUBLIC COMMENT: No public comment V. ADJOURNMENT: Commissioner Risser moved adjournment at 10:30 PM. Commissioner Brown seconded the motion. All. voted aye; motion carried. Submitted by P� 13 May 201h, 2009 City of Edina Planning Commission Attn: Cary Teague 4801 West 50th Street Edina, MN 55424 RE: Interlachen Conditional Use Permit Dear Chair and Commission Members, The Commission should deny the proposed 16,000+ sq ft commercial /industrial facility, expanded maintenance shed and parking lot for the following reasons: A. Application does not Comply with the Zoning Code: 1. Proposed Structure Exceeds the Maximum Allowable Size: The code specifically states that for all R -1 lots in excess of 9,000 sq ft, all accessory buildings and structures may not exceed 1,000 sq ft. There is no exception to this rule for golf courses. Therefore, the proposed application would require a variance to exceed the proposed 1,000 sq ft structure size. As such, the application and public notices are inadequate for the Commission to further consider the proposal. The proposal should be withdrawn and resubmitted identifying that the proposed structure requires a variance. B. Zoning Code does not Define What Uses are Allowable under the "Maintenance Shed" Definition: The proposed use of the "Maintenance Shed" encompasses many uses that are not specifically described under the code. For instance, the code does not specify whether a Staff Lounge and Training Center are considered an allowable use under the "Maintenance Shed" definition. The following uses are not specifically called out as an allowable use under the code: i. Commercial Office Space ii. Staff Lounge iii. Staff Training Center iv. Shower and Locker Room v. Machine Shop vi. Heavy Equipment Storage a. 40 golf carts b. 28 Lawnmowers c. Skid Loaders vii. Fertilizer /Chemical Storage viii. Outdoor Car Wash 1 Therefore, the Commission is compelled to deny or table the application until the code can be updated to address the impacts of each use. C. Application Does Not Meet the Conditions as Required in the CUP: 1. Will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals and general welfare. No Public Benefit: The proposed facility does not provide a public benefit. To the contrary, it has a negative impact on the surrounding neighborhoods and only benefits the applicant. Safety: The proposed facility cannot be adequately served by police and fire protection. State Fire Code requires that all buildings be accessible by suitable fire access lane (regardless of whether or not the building is sprinkled). MSFC (07) Section 503.1.1 requires the installation of fire apparatus access roads for all new buildings and new additions to existing buildings when any portion of the exterior wall is more than 150 feet from the furthest point of fire apparatus access. The requirement for fire department access road applies to all buildings and additions constructed on or after July 10, 2007. a. The proposed facility cannot be accessed by any public road in the event of an emergency. b. The plan does not indicate a location of an official fire lane. c. The existing parking lot and private drive may not be built to city standards capable of handing the weight and turning radiuses of fire trucks as required by state code. d. The facility is located on a dead end path and lacks a fire truck turnaround. e. A study should be done to indicate whether or not the facility can be adequately served by police and fire service. The above.reasons constitute a threat to the public welfare. Therefore the Commission is compelled to deny the application. Chemical and Fertilizer Storage: The health and wellness of the residents of the Three Circles neighborhood is at risk due to the increase storage of chemicals and fertilizers in close proximity to a residential neighborhood. A list of all proposed chemical and fertilizers that may be stored at the facility should be made public, including all those that may be flammable or toxic. If any of the proposed are found to be flammable or toxic, the proposed facility should have an emergency action plan in place to adequately allow for emergency vehicle access to this remote area of the site during all times of day and during events. Storm Water Runoff. The existing clubhouse parking lot storm water runoff is not treated before it enters the wetland /pond. The applicant is proposing to remove the existing maintenance shed and expand the parking lot. The applicant should be 2 required to upgrade the storm water facilities to treat the runoff from the clubhouse parking lot to accommodate the increase in impervious surface. Tree Loss: The proposed facility would eliminate 111 significant trees from the site. The application proposes to replace only 35 trees or 32 %. Many tree ordinances require replacement of caliper inches in excess of 100% of existing resource. The City of Edina's code does not adequately address developments that propose substantial tree removal. At a minimum, the applicant should be required to replace what will be removed in caliper inches and the code should be amended to address developments with substantial tree removal. 2. Will not cause undue traffic hazards, congestion or parking shortages: Intensity of Use: Despite the claims of the applicant, the proposed facility will increase the intensity of use at the property through increase in overall parking area, office space, training facilities, locker rooms, commercial application, mechanical repairs as well as anew practice Breen area. This provides for an'increase in activities /uses provided by the applicant to its members and staff, and will therefore increase the number of trips entering and leaving the property from Interlachen Boulevard and Blake Road. A traffic study should be completed to determine if the intersections accessing the site are up to current standards. In particular, the Blake Road access is already burdened with poor site lines and visibility. Similarly, the main entrance to the property does not have turn lanes and is a safety hazard for through traffic on Interlachen Boulevard. Given the large number of events held at the course and the proposed increase in the intensity of use at the site, roadway access into and out of the site may need to be improved to allow for stacking at the Interlachen Boulevard access point. A traffic study should be required to determine the existing access points are adequately designed to handle the existing and propose increase in trips from the site. 3. Will not be injurious to the use and enjoyment, or decrease the value, of other property in the vicinity, and will not be a nuisance. Decrease in Property Value: The proposed facility will decrease the property value of the properties in the vicinity. Currently, residents of the Three Circles neighborhood enjoy the views of the golf course and a quiet residential setting. Professional realtors that have sold properties in the neighborhood will testify that the proposed commercial /industrial facility will substantially and irreparably reduce the property value of the adjacent and nearby properties. If the City contends that it will not decrease property values, we ask the City provide a written statement from more than one independent appraiser or real estate professional indicating how any why all of the nuisances that will be created by the propose use will not decrease property values. We would also ask the City provide a written statement that the proposed use could be replicated at any location around the golf course without decreasing property values of the adjacent neighborhoods. For example, if the applicant were to purchase and tear down three homes in alternative neighborhood surrounding the course and construct a 16,000+ sq ft industrial facility, it would not negatively impact the surrounding property values. Noise Nuisance: The proposal constitutes a nuisance because it violates the use and enjoyment of land by the adjacent property owners and of the Three Circles neighborhood, given the substantial increase of noise emanating from skid loaders, dumpsters, tractor trailers, other vehicles (including the back -up beepers), and staff. Residents already experience substantial noise emanating from the course. The concentration of the following equipment into a smaller area adjacent will constitute a nuisance: 1. 40 golf carts 2. 28 Lawnmowers 3. Tractors 4. Skid Loaders (scraping dirt off of concrete and pavement) a. Note: this is very common occurrence 5. Delivery & Garbage Trucks 6. Dumpsters Drop Off and Pick -up and associated loading 7. Outdoor Car Wash (pressure spray equipment) Hours of Operation Nuisance: The applicant is regularly operating heavy equipment before 7am and after 5pm. Concentrating the equipment into one location, closer to a residential neighborhood will not improve the public welfare and will constitute a nuisance in a residential neighborhood. Staff Lounge Nuisance: Residents of the neighborhood have already confronted staff "having a beer" after work. The proposed staff lounge (with an access door facing the neighborhood) will promote after hours use of the facility and constitute a nuisance in a residential neighborhood. This type of use should be limited to the clubhouse area to not disturb the residential character of the surrounding neighborhoods. It will also dramatically increase the number of staff cutting through to nearby neighborhoods. Industrial Nature of the Propose Facility: The proposed commercial /industrial facility cannot be reasonably screened from the public view. The proposed screening is inadequate because the wall facing the neighborhood is 174' long and nearly 30' tall and cannot be screened by landscaping. The facility should be located in an area not as immediately visible from the public view (such as the current location). In addition, the proposed 6' fence on the property line separating the golf course from the residential neighborhood does not fit with the current status of the neighborhood. 4. Will not impede the normal and orderly development and improvement of other property in the vicinity. Deter Investment: The proposed facility will deter investments in properties located in the vicinity of the facility. This will reduce the tax capacity of the city and turn what was 4 a neighborhood on the rise, to one that is diminished and stunted from further improvements. 5. Will not create an excessive burden on parks, streets and other public facilities; Burden on Streets: As previously mentioned, the Blake Road access is burdened with poor site lines and visibility. Similarly, the main entrance to the site does not have turn lanes and is a safety hazard for through traffic on Interlachen Boulevard. 6. Conforms to the applicable restrictions and special conditions of the district in which it is located as imposed by this Section; and Variance Required: The proposed facility does not meet the conditions of the CUP and is not adequately defined as an allowable use under the R -1 District. It also requires a variance to exceed the 1,000 sq ft maximum size of an accessory use. 7. Is consistent with the Comprehensive Plan. The propose facility is not consistence with the comprehensive plan: Table 43 in the Land Use section states that: "Massing standards and impervious surface coverage limitations would apply to ensure compatibility of infill construction." The City Edina has gone through great lengths to protect the character and architectural qualities of its neighborhoods, including the establishment of a historical preservation district and review board. Recent discussions have centered on the "massing" of homes and the length of "walls" that face a neighboring property. We request that the Commission consider the fact that the proposed facility is 10 times the size of the homes it faces and nearly twice the size of a standard single family lot. The proposed facility includes a nearly 30'tall and 174' feet long wall made out of materials and with an architectural style only found in industrial or commercial applications. Additionally, the Comprehensive Plan states that "the City will grow and develop in a sustainable manner that will protect its high quality natural environment, promote energy efficiency and conservation of natural resources, and minimize the impacts of buildings on the environment over the lifetime of each building. Removing 111 trees does not protect the natural environment or conservation of natural areas. This is particularly relevant when the applicant has been operating for nearly 40 years with existing facilities. The environment should not be neglected to allow for an activity in a property that does not have adequate space to support the additional use. And that "The City will revise its development review and approval process to provide clearer direction and guidance for achieving high - quality development that is compatible with its surroundings." The above statement made by the City reinforces the rationale for denying or tabling the application until the code as been updated to adequately address the proposed use. D. Lot Line Adjustment of Golf Course Properties 1. Gerrymandering of Lot Lines: The proposed application involves the gerrymandering of lot lines to accommodate the proposed commercial industrial facility. The proposed facility would not be allowed to be constructed on the existing residential lots as it would grossly exceed the maximum impervious surface and setback requirements. The code should be amended to require a public notification when a golf course is requesting to remove an existing single family residence and adjust lot lines to make it part of the larger golf course lot. Currently, a golf course has free reign to expand it boundaries without regard to city planning goals and neighborhood implications. This disregards the purpose of zoning, which is to provide for a consistent and harmonious interaction between differentiating land uses. Property owners reply upon the code to protect their investments from intrusions of nuisances. The current code does not provide this protection and should be amend to safeguard property owners. Conclusion: For the aforementioned reasons, we urge this Commission to deny the request of the Interlachen Country Club given that the proposal does not promote or enhance the general public welfare, will diminish the value of the adjacent properties and will detriment and endanger the public health, safety, morals and general welfare of the residents of the Three Circles neighborhood. If approved, this proposal will be injurious to the use and enjoyment of the residents of Three Circles and will constitute a nuisance. The proposed location for this project is not the most feasible or reasonable given that it will impact more residents and be more intrusive than previous proposals or the existing location of the maintenance facility. Furthermore, this proposal has not had any neighborhood input and has only come to the attention of the Three Circles Neighborhood in the last 15 days. Finally, this proposal is not in line with the City's stated goals, to promote sustainable development and minimize the impacts of buildings on the community. Regards, Nathan & Melisa Franzen on behalf of the Three Circles Neighborhood 6216 Maloney Avenue Edina, MN 55343 R I To: From: Date: Subject: Mayor & City Council Cary Teague Planning Director June 2, 2009 Set Hearing Date for a Final Rezoning & Final Development Plan with Variances, and a Final Plat for a 76 -unit 4 -story addition to 7500 York Avenue. Recommended Action: Set the hearing date for June 16, 2009. Information/B ackground: See attached Planning Commission report. REPURUREC:UMMEN UATIUN Agenda Item III.B.2 Consent Information Only Mgr. Recommends To HRA ® To Council Action ® Motion Resolution Ordinance Discussion Cn J � �o PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague May 27, 2009 2008- 017.09a Director of Planning INFORMATION & BACKGROUND Project Description The Ebenezer Society, on behalf of the 7500 York Cooperative is proposing to build a 76 -unit, 4 -story addition to the northwest side of the existing 337 -unit, 9- story. senior housing development at 7500 York Avenue. (See project location on pages Al —A4.) Of the 76 units, 47 units would be for assisted living, 16 would be of memory care and 13 elder care suites. Access to the site would be off Edinborough Way and Parklawn Avenue. Parking would be provided underground, and within a small surface lot off Parklawn Avenue. (See the applicant narrative and plans on pages A5 —A39, and within the attached development books.) Also see the results of the vote of residents authorizing Ebenezer to move forward with the final plans on pages A7 —Al2. This proposed project has received Preliminary Approval by the City Council, per Planning Commission recommendation. (See Planning Commission and City Council minutes on pages A80 —A89.) The proposal requires the following: Final Rezoning from PRD -4, Planned Residential District to PSR -4, Planned Senior Development District. 2. Final Development Plan. 3. Variances. (To be reviewed by the Zoning Board of Appeals.): a. A maximum square footage variance for 17 dwelling units. b. A 3 -foot setback variance from Edinborough Way. These are the same variances that were highlighted during the Preliminary Development review. 4. Lot Division /Final Plat. The site exists as two lots today. The lot lines would be shifted to accommodate the new building. The site is currently zoned PRD -4, but exists with senior housing. As such, the site is non - conforming in regard to parking requirements. Senior housing does not require the same number of parking stalls that an all -age residential development would. The rezoning would bring the parking requirements into conformance with the City Code. This proposal is consistant with the approved Preliminary Development Plan and Preliminary Rezoning. (See approved preliminary plans on pages A20 —A22.) Surrounding Land Uses Northerly: CommonBond Multi- family residential; zoned and guided for high density residential. Easterly: Yorkdale townhomes; zoned and guided medium density housing. Southerly: Edinborough condos; zoned and guided high- density housing. Westerly: Multi- family residential; zoned and guided mixed use Existing Site Features The subject property is 11.6 acres in size and contains a nine -story senior housing building. (See page A3.) The existing facility is a housing cooperative, and was the first senior housing cooperative in the United States. Planning Guide Plan designation: High Density Residential Zoning: PRD -4, Planned Residential District Site Access The site currently has two access points off West 76th Street, and one off Edinborough Way. The proposal would add one access off Edinborough Way and one off Parklawn Avenue. (See page A23.) The access off of Parklawn would be to the surface lot, and the new access of Edinborough would be to the underground parking. 2 0 Traffic Wenck Associates conducted a traffic impact study based on the proposed development, and WSB & Associates reviewed the document to determine if it was accurate. Both Wenck and WSB concluded that the existing roadway system could support the proposed project. (See traffic studies on pages A47 —A79.) The Edina Transportation Commission met on November 20, 2008, and recommended that the project does not adversely affect the adjacent transportation systems. (See the minutes on pages A47 —A49.) Parking Including the existing building, a total of 317 parking stalls are required for senior housing, 103 of which must be enclosed. The applicant is proposing 465 parking stalls, 252 of which are enclosed. Access and parking easements would be established between the two parcels. Building The proposed building would be four stories, and made of stone, EFS, metal siding. (See building elevations and renderings on pages A16 —A19. Colors would generally match the existing building. These materials are consistent with those suggested in the Preliminary Development Plan. The applicant will have a materials board at the Planning Commission and City Council meeting. Landscaping There are over 200 existing mature trees scattered around the subject property that will remain. Existing mature trees around the proposed new building would have to be removed. (See page A27.) This is consistent with the preliminary plan. However, 44 new overstory trees would be planted. Based on the perimeter of the site, 73 mature trees are required. With the existing and proposed trees the applicant will have over three times the number of trees that is required by City Code. A full compliment of understory trees and shrubs are also proposed. (See landscape plan on pages A29 —A33.) Density The maximum density allowed for the project is 44 units per acre. The proposed density of 36 units per acre would meet the city's code requirement for density in the Planned Senior Housing District. As demonstrated in the table on the following page, the density would be generally consistent with densities of existing multiple - family housing in the area. (See attached map locating multi -unit developments in the area on page A46.) Development Address Units Units Per Acre Yorktown Continental 7151 York 264 45 The Durham 7201 York 264 46 York Plaza Condos 7200 -20 York 260 34 York Plaza Apartments 7240 -60 York 260 29 Edina Place Apartments 7300 -50 York 139 15 Walker Elder Suites 7400 York 72 40 Yorkdale Townhomes 7429 York 90 9 7500 York Cooperative 7500 York 416 36 Edinborough Condos 76xx York 392 36 South Haven 3400 Parklawn 100 42 Proposed New Apts. at the YMCA 7355 York 130 22 Grading /Drainage /Utilities The city engineer has reviewed the proposed plans and found them to be acceptable subject to the comments and conditions outlined on the attached page A46a. A Nine Mile Creek Watershed District review and approval is also required. Preliminary /Final Plat The applicant is also requesting a re -plat of the lot by shifting the existing lot lines on the subject property. As demonstrated on pages Al —A3, the site exists as two lots today. The lot lines would simply be shifted to accommodate the new building and parking area. The result would be that the site would remain two lots. (See proposed Plat on page Al 9b.) 4 Compliance Table * Requires a Variance PRIMARY ISSUES & STAFF RECOMMENDATION Primary Issues Is the proposed use and rezoning reasonable for this site? Yes. The proposed use is reasonable for seven reasons: The proposed plans are consistent with the approved Preliminary Development Plans. The number of rooms, building material, building footprint, and circulation patterns are all the same as the previously approved plans. 2. The proposed additional multiple - family senior housing would be compatible within the area as there are multiple family residential facilities to the north, south, east and west. (See page A4 and A46.) 3. The proposed density of 36 units per acre meets the City's Code requirement for density in the Planned Senior Housing District; and is generally consistent with densities of existing apartment buildings in the City Standard (PSR -4) Proposed Setbacks York Avenue 48 & 67 feet (based on height) 300 feet Edinborough Way 48 feet (based on height) 45 feet* Parklawn 12 & 48 feet (based on height) 47 & 60 feet Setback to R -1, Residential 340 feet 664 feet Building Height No maximum requirement 48 -67 feet Parking lot and drive aisle 20 feet (street) 35 feet setback 10 feet (interior) 10+ feet Building Coverage 35% 16% Maximum Floor area per 700 s.f. - 1 Bedroom (br) 11- 2 bedroom units room 850 s.f. — 2 Bedroom (br) would exceed 850 s.f.* Density Allowed 44 units per acre 36 units per acre Parking Stalls — PSR -4 317 total stalls required; 103 must be 465 stalls proposed, 252 District enclosed (based on 416 units; 27 are enclosed employees and 2 company vehicles) Over -story Trees 73 Trees 200+ Trees (44 new trees on new lot) * Requires a Variance PRIMARY ISSUES & STAFF RECOMMENDATION Primary Issues Is the proposed use and rezoning reasonable for this site? Yes. The proposed use is reasonable for seven reasons: The proposed plans are consistent with the approved Preliminary Development Plans. The number of rooms, building material, building footprint, and circulation patterns are all the same as the previously approved plans. 2. The proposed additional multiple - family senior housing would be compatible within the area as there are multiple family residential facilities to the north, south, east and west. (See page A4 and A46.) 3. The proposed density of 36 units per acre meets the City's Code requirement for density in the Planned Senior Housing District; and is generally consistent with densities of existing apartment buildings in the area. (See attached map locating multi -unit developments in the area on page A46, and in the above table.) 4. The sites close proximity to amenities that seniors would take advantage of,, such as the YMCA, Centennial Lakes Park, and the Promenade. 5. Sustainable Design. The applicant is proposing sustainable design principles, consistent with those proposed as part of the Preliminary Development Plan. (See pages A13 —A15.) 6. As mentioned above, the existing roadways would support the project. Wenck Associates conducted a traffic impact study based on the proposed development, and WSB & Associates reviewed the document to determine if it was accurate. Both Wenck and WSB concluded that the existing roadway system could support the proposed project. (See traffic studies on pages A47 —A79.) The Edina Transportation Commission met on November 20, 2008, and recommended that the traffic generated would not adversely affect the adjacent transportation systems. (See the minutes on page A47.) 7. The project would provide an additional opportunity for senior housing within the City of Edina. Based on the demographic data from the Comprehensive Plan, and the fact that there is a lengthy waiting list to get into the existing facility, the proposed new senior housing would fill a need in the City. It may also allow existing residents in single - family homes within the city who want . to remain in Edina, and opportunity to stay. The result may provide opportunity for a new family with kids to move to the city into the single - family home that was made available by a new resident to this facility. • Is the Planned Senior District appropriate for the site? Yes. Staff believes that the PSR -4 district is appropriate for the site. The rezoning would bring the existing site more into compliance with the Zoning Ordinance. The site exists today with senior housing, however, is zoned for "all -age" multiple- family residential. The site is parked for seniors; however, the current zoning requires parking for "all -age" multiple- family residential. If the addition were proposed under the existing zoning designation, additional variances would be required. A density variance and a parking stall variance would be required. The density requirement under the current zoning would allow only 27 additional units on the site. The parking stalls required under the current zoning would be 832 total spaces; and 395 are proposed. By rezoning the site to match the existing and proposed use of the site, the density and parking would be code compliant. C • Are the proposed variances justified? Yes. Per Section 850.04.Subd.1.F., of the Zoning Ordinance, a variance should not be granted unless it is found that the strict enforcement of the ordinance would cause undue hardship. The following demonstrates that the proposal meets the variance standards when applying the three hardship tests. Should the preliminary plan be approved, the variances would be considered in more detailed with the Planning Commission and Zoning Board of Appeals. 1) Are there practical difficulties that prevent a reasonable use from complying with ordinance requirements? Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variances are reasonable for this site. The majority of existing units within the existing building do not conform to the maximum standard of 850 square feet for two- bedroom units and 700 square feet for one - bedroom units. It would be reasonable to allow housing units within the addition to be consistent with the existing units. The maximum standards were developed to ensure affordable housing for the Planned Senior Residential districts. The existing and proposed units within the 7500 development were and are not intended to be entirely for affordable housing. Of the total 76 units, 59 proposed units conform to the maximum requirement (78 %). Ten two- bedroom units and seven one - bedroom units would exceed the maximum requirement. In regard to the setback variance, the hardship is caused by the existing location of the underground parking garage. This structure was not built to support the weight of a four -story addition above it. Therefore, the applicant developed a site plan working around this structure. They also do not wish to disturb the open space and garden area along York Avenue. The proposed four -story addition is reasonably sized given the height of the existing building, and the height of buildings in the area. The requested variance would be a minor 3 -foot intrusion into the required setback. (See page A23.) 2) Are there circumstances that are unique to the property, not common to every similarly zoned property, and that are not self - created? 7 Yes. The unique circumstance is that this site exists with senior housing, and does not conform to the maximum standards for senior housing, and an underground parking deck that cannot support an addition above it. 3) Would the variance alter the essential character of the neighborhood? No. The proposed four -story addition would not alter the essential character of the neighborhood. There are several buildings in the immediate area that are taller and have greater densities than the proposed development. The subject property contains a 9 -story building. Recommendation Final Rezoning and Final Development Plan Recommend that the City Council approve the Final Rezoning from PRD -4 to PSR -4, Final Development Plan and Preliminary & Final Plat to build a 76 -unit four -story addition to the existing building at 7500 York Avenue for the Ebenezer Society, on behalf of the 7500 York Cooperative. Approval is subject to the following findings: The proposed plans are consistent with the approved Preliminary Development Plan and Preliminary Rezoning. 2. The proposed addition is consistent with the multiple family housing developments to the north, south, east and west. 3. The proposed density is compatible with densities in the area. 4. Given the City of Edina's aging population, senior housing is a need in the City. 5. The existing roadways would support the proposed project. Approval is subject to the following Conditions: 1. The site must be developed and maintained in conformance with the following plans, unless .modified by the conditions below: • Site plan date stamped April 24, 2009. • Grading plan date stamped April 24, 2009. • Landscaping plan date stamped April 24, 2009.. • Building elevations date stamped April 24, 2009. 2. The following must be submitted to the City before a building permit it is issued: a. 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. b. Per Section 850.10. Subd. 3.13 of the City's Zoning Ordinance, a letter of credit, performance bond or cash deposit must be submitted in the amount equal to 150% of the proposed landscaping. 3. The property owner is responsible for replacing any required landscaping that dies. 4. Compliance with the conditions required by the city engineer in his memo dated May 21, 2009. 5. The design and construction of the project must be done with the Sustainable Initiatives as outlined in the applicant's narrative within the staff report. 6. All buildings must be built with sprinkler systems, subject to review and approval of the Fire Marshal. Variances Recommend that the Zoning Board of Appeals and the City Council approve the following variances: A maximum square footage variance for 11 dwelling units. 2. A 3 -foot setback variance from Edinborough Way. Approval is based on the following findings: The proposal meets the required standards for a variance, because: There is a unique hardship to the property caused by the location of the existing underground parking deck, which would not support the proposed addition. In addition, the proposed building location avoids the large open space and garden area along York Avenue. E 2. The setback variance is for a minor 3 =foot intrusion into the required setback. 3. The majority of existing units within the existing building do not conform to the maximum standard of 850 square feet for two - bedroom units and 700 square feet for one - bedroom units. 4. It would be reasonable to allow housing units within the addition to be consistent with the existing units. 5. The maximum square footage standards were developed to ensure some affordable housing for the Planned Senior Residential Districts. Of the total 76 units, 59 proposed units conform to the maximum requirement (78 %). Deadline for a city decision: August 18, 2009 10 City of Edina Jr boo Inn 7701 7367 0 75 33 121 %77 7726 7171 3635 L 7151 125 7121 129714, 0 0 X203 23 O O 7205 7200 209 7250 7275 /, 7240 7702 42 7'!11( 2, 1014 1175 /0 1'T "T 0 .+ 7111 '706 3621 I 0002 1��2�703 7335 2x\7000 :AA2'i+ l 0 e0d9p9l06 575 P-a E7f07 573 7360 600 601 511 7.�i. 7396 7373 27721330.1 1000 •+! bly 9100 7100 710D 7450 ! e 2! Tb1 � 0 7455 7500 O 71 I 0 a 0 1700 550 7501 Y. 0 ][ 24 4175 1 7600 1� 4 Naovmwe�AcN6 7201 JI 1 KY4pn PwiY 7755 11017!00 0 0 3709 1605 I 3601 0 0 7701 7651 re.rrYal 0 24 0 7650 0 ,� / 7700! 7701 7700 3604 41� K2 a� d PID:3202824310367 3401 Parklawn Ave Edina, MN 55435 %j ( leDend Hausa Number Labels Skeet Nam. Labols .I City Umits l Crooks Lakm Names 1 Lakes Parks ElPartials 1; fq &ZW To �; 71- ALI U 4, 4f .Al Af Am M-1 O&Z f-t?A?V';L A VC S 7a: IL. 77 !7r, WIL, III �w Ftr1■ 'r�, �1 O � ti - - AYES Ire -Air -lir t so YORK AVE5 Is A 40N. fir m L 1' :rn .m f pf0 T4 11 �.1pI(111.5 I ° 3811 IW211 bf 1 °p 1!!!l I LI*Iopwp M® m .rs-n.,. d t� 0 City of Edina 3a V nl:lnri P� i 7355 7401 7405 7405 T413 1: ny '600 608 611 D 'bfE �D1 62 r p 624 0 '700 ti� a PID:3202824310367 3401 Parklawn Ave Edina, MN 55435 Y Jy� e d t ti� Y� nJ i FXIsr►N� ZONIA) A4 Legend HDU6s Number Labels Street Name Label, City Limits Craebs LaF.e Name, Lalta6 I -I Pork, Zoning O.1PD lFulom:t+u^ Parr n9 D�tl OR1ODi,:.l�c: Dow_:�r�n:DWn� --1 SvODst:3�c: Oac_:>rs'Dnn�il ® _10'J.41 -1 v.: Da.- :cn- a:DCr_�➢1 O Par. rCD I(ParanC GCn. —DMr_7 -11 4CD- 2 {P. -.CC —0-21 ® PCDS,Pean�GOnm.'�0�r:y91 ® 1>cotlPannc�Ccn-a^- •'.a�naal OP'b 0-1 ❑ PDD�1(P:onnad CHc' 11 OPCD -2fRh ncs Cd =aura 31 ■ PAD- flPbnnYR +:0atr_711 ® PRD2{-- .A- .— Dra. -.:21 ® PRO 31P <nn� RC.i^ -10— 11 ® PRD <(POnn:a ® PR9S,PmnnP4 RPC an!Dtlr�51 ®,. PSR, fP-"I Scn ar Rr_]ac 41 A.1tSn9:a Dr: a::ing Un]Dmr�tl R UM Der. =1 OAR19,Ayena: Stm9�r_I Parcels FXIsr►N� ZONIA) A4 P Pc kk�)T V4ARA;)1 d�� BACKGROUND 7500 York Cooperative, developed in 1978, was the first senior housing cooperative model in the United States. There are 337 units at 7500 York. The structure is member - owned and is governed through vast committees. Its mission statement is to provide a safe, healthy and pleasant home for its members to enjoy an active, independent lifestyle in a senior cooperative environment. The Cooperative has been guided and managed by Ebenezer since its inception in 1978. Ebenezer has been a provider of compassionate, community- centered care for older adults and others in need for over 90 years. They offer a full range of coordinated programs and services including senior housing, assisted living, memory care, transitional and long -term care, adult and intergenerational programs and a variety of community -based services throughout the state of Minnesota and one facility in Iowa. EXPLANATION OF REQUEST- SUBDIVISION APPLICATION The shareholders at 7500 York Cooperative approached Ebenezer with a request for help in their aging in place needs at the cooperative. Over the years, shareholders have developed close friendships with their neighbors by their active participation in resident run activities. As the members age, some have had to move to assisted living and some into more skilled care facilities. The figures show that over the last few years there has been between 25 — 40 members leaving per year to move into assisted living, long term care and other housing because of health related care issues. The trend will continue to see 35 to 40 move outs per year for these reasons.. It is hard for the existing shareholders to keep in touch and to visit their family members and friends who have had to move. There also are shareholders who are still living at 7500 York that could benefit from a facility with more care, but are reluctant to leave their friends and family. An answer to some of these aging in place issues is to build on to 7500 York Cooperative and add an Assisted Living, memory and elder care suite model. The model plan would have 76 units which would include 47 units of assisted living, 16 units of Memory care and 13 elder care suites. This is the first cooperative in the state of Minnesota that is requesting this vision to create a continuum of care for seniors in cooperative housing. All areas of life could benefit by this need. Currently, there are 500 people on the waiting list to move into 7500 York Cooperative, many of which are aging in their single family homes within the community. By establishing the assisted living building there will be options available for the current shareholders to move into. This would free up cooperative shares for those on the waiting list and thereby increase availability of existing single family housing within the city of Edina. The cooperative shareholders as well as Ebenezer are both committed to building an eco- friendly and sustainable addition to help create this continuum of care for older adults as they age at 7500 York. They want to work to include advance technological and green solutions to keep up with future building and senior care needs, while being respectful to the environment. - The Lot Division- The site exists as two lots today. The lot lines would be shifted fo accommodate the new building. AT BACKGROUND 7500 York Cooperative, developed in 1978, was the first senior housing cooperative model in the United States. There are 337 units at 7500 York. The structure is member - owned and is governed through vast committees. Its mission statement is to provide a safe, healthy and pleasant home for its members to enjoy an active, independent lifestyle in a senior cooperative environment. The Cooperative has been guided and managed by Ebenezer since its inception in 1978. Ebenezer has been a provider of compassionate, community- centered care for older adults and others in need for over 90 years. They offer a full range of coordinated programs and services including senior housing, assisted living, memory care, transitional and long -term care, adult and intergenerational programs and a variety of community -based services throughout the state of Minnesota and one facility in Iowa. EXPLANATION OF REQUEST- FINAL DEVELOPMENT PLAN The shareholders at 7500 York Cooperative approached Ebenezer with a request for help in their aging in place needs at the cooperative. Over the years, shareholders have developed close friendships with their neighbors by their active participation in resident run activities. As the members age, some have had to move to assisted living and some into more skilled care facilities. The figures show that over the last few years there has been between 25 — 40 members leaving per year to move into assisted living, long term care and other housing because of health related care issues. The trend will continue to see 35 to 40 move outs per year for these reasons. It is hard for the existing shareholders to keep in touch and to visit their family members and friends who have had to move. There also are shareholders who are still living at 7500 York that could benefit from a facility with more care, but are reluctant to leave their friends and family. An answer to some of these aging in place issues is to build on to 7500 York Cooperative and add an Assisted Living, memory and elder care suite model. The model plan would have 76 units which would include 47 units of assisted living, 16 units of Memory care and 13 elder care suites. This is the first cooperative in the state of Minnesota that is requesting this vision to create a continuum of care for seniors in cooperative housing. All areas of life could benefit by this need. Currently, there are 500 people on the waiting list to move into 7500 York Cooperative, many of which are aging in their single family homes within the community. By establishing the assisted living building there will be options available for the current shareholders to move into. This would free up cooperative shares for those on the waiting list and thereby increase availability of existing single family housing within the city of Edina. The cooperative shareholders as well as Ebenezer are both committed to building an eco- friendly and sustainable addition to help create this continuum of care for older adults as they age at 7500 York. They want to work to include advance technological. and green solutions to keep up with future building and senior care needs, while being respectful to the environment. Bassf ®rd, Hanvnk & Pyles, P.A. Attorneys at Law 19000 - 27`h Avenue North Plymouth, Minnesota 55447 CHARLES A. BASSFORD, JR. Office: (763) 208 -1456 Fax: (763) 205 -3600 April 14, 2009 Mr. Paul Woxland Director, Multi Family Housing U.S. Department of Housing and Urban Development 920 Second Avenue South, #1300 Minneapolis, MN 55402 -4017 Mr. Scott A. Werdal Director of Production U.S. Department of Housing and Urban Development 920 Second Avenue South, 41300 Minneapolis, MN 55402 -4017 Robert J. Olson, Esq. Dorsey & Whitney, LLP Suite 1500 50 South Sixth Street Minneapolis, MN 55402 -1498 RA E Home: (763) 475 -1730 Mr. Mark F. Thomas President and Chief Executive Officer Ebenezer Society 2722 Park Avenue Minneapolis, MN 55407 Charles Sorenson, Esq. U.S. Department of Housing and Urban Development Minneapolis Field Office 920 Second Avenue South, #1300 Minneapolis, MN 55402 -4017 Mr. Cary Teague City Planner Edina City Hall 4801 West 50th Street Edina, MN 55424 -1394 Re: Assisted Living Project by Ebenezer at Seventy Five Hundred York Cooperative Gentlemen: ioned The Membership of Seventy Five Hundred York Cooperative has voted on the to ea h member the Project. Enclosed with this letter is a copy of the Ballot which provided Cooperative for the vote. By each Ballot, each Member voted " "no" on would enter nnto arabla issues. The first issue was the form of long -term lease that the Cooperative limited liability company to be formed by Ebenezer. The second issue was the design, location, appe arance of the proposed assisted living facility and grounds. Drawings of the dimensions and buildings and grounds had been provided to the Membe aowned f ld be located ona parcel by but Cooperative's real estate so the assisted living project wou separate from, Seventy Five Hundred York Cooperative's facility. A copy of the proposed replatted property had been displayed to the Membership. 0 Mr. Paul Woxland, Director Mr. Mark Thomas, President Charles Sorensen, Esq. Mr. Scott A. Werdal, Director of Production Robert Olson, Esq. Mr. Cary Teague Page 2 On Friday, April 3, 2009, the vote of the Membership was tallied and counted. Enclosed is the Secretary's Certification of Voting Results. The vote, as shown by the Certificate, was 256 in favor of the Project, 62 against, 2 votes in favor of the Project were rejected by the Election Judges as not properly cast, and two ballots were returned unmarked. Therefore, total votes actually cast by the Membership amounted to 320, out of a total Cooperative Membership of 337 members, leaving only 17 Members who did not cast a Ballot. This law firm has been counsel for Seventy Five Hundred York Cooperative for over 21 years. At no time in its history has the Membership voted in such large numbers. By that vote, the Project is favored by over 75 % of the Membership of the Cooperative. This is a showing of extremely strong support for the Project within the Seventy Five Hundred York Cooperative community. We believe that each of you has a copy of the pertinent documents with regard to this project. The Board of Directors of Seventy Five Hundred York Cooperative would now encourage HUD and Ebenezer to expedite the resolution of any remaining financing issues for the Project so the long -term lease may be executed, the real estate replatted, the property rezoned and the ground broken on the construction of the assisted living facility. matter. Please do not hesitate to contact me should you have any questions or wish to discuss this Yours very truly, BASSFORD, HANV: i By Charles A. Bassford, CAB /cmr Enclosure CC: Seventy Five Hundred York Cooperative Z: \CAB \7500YORK \W OXLAND041409LTR 4e( SEVENTY FIVE HUNDRED YORK COOPERATIVE SECRETARY'S CERTIFICATION OF VOTING RESULTS 1, Hulda Gieschen, Corporate Secretary of Seventy Five Hundred York Cooperative, a Minnesota cooperative corporation, do hereby certify, on behalf of the Corporation, the following voting results from a vote of the Membership which was tallied on April 3, 2009, after Special Meetings of the membership were conducted on March 19 and March 20, 2009, pursuant to written notice duly mailed or delivered to each member with proof thereof duly filed with the Minutes of said meetings. 1. Special Meetings of the Membership of the Cooperative were duly called by the Board of Directors and held on Thursday, March 19 and Friday, March 20, 2009. 2. The purpose of such Special Meetings was to present to the Membership information both for and against the proposed assisted living project on property owned by Seventy Five Hundred York Cooperative and to be constructed and operated by Ebenezer York Assisted Living, LLC subject to the terms of a long -term lease. 3. A copy of the Ballot provided to each member is attached to this Certificate as "Exhibit A". 4. A total of two hundred seventy -nine (279) Memberships, representing approximately eighty -three (83 %) percent of the three hundred thirty -seven (337) Memberships eligible to vote in the Cooperative were personally represented at the meetings. 5. One hundred two (102) Memberships, representing thirty (30 %) percent of the Membership, were necessary to establish a quorum of the members. 6. More than a quorum of the members attended the Meetings. 7. The issue presented to the Membership for its vote was whether or not the Cooperative should proceed with Ebenezer on the assisted living project by entering into a long- term lease and consenting to the construction of an assisted living facility on the leased property owned by the Cooperative as replatted, was submitted to the vote of the Membership. 8. The form of proposed long -term lease, the appearance, design, dimensions and location of the assisted living building and grounds, and the replat of the Cooperative's property were all presented to the members. 9. On April 3, 2009, after mailed ballots had been returned, the vote was tallied and counted. 10. A majority of the entire Membership, or one hundred sixty -nine (169) votes or more, in favor of proceeding with the assisted living project were deemed necessary by the Board of Directors for approval by the Membership. . p 11.. The voting results are as follows: Yes (for the project) 254 No (against the project) 62 Ballots rejected by Election Judges or not marked 4 Total ballots cast 320 12. The lease of a replatted portion of the Cooperative's property, subject to the terms and conditions of a long -term lease substantially in the form submitted to the Membership prior to the vote and to be entered into by a limited liability company to be formed by Ebenezer Society has been approved by a substantial majority of the members of Seventy Five Hundred York Cooperative. SEVENTY FIVE HUNDRED YORK COOPERATIVE Dated: April 14, 2009 By Hulda Gieschen, Cooperative Secretary Subscribed to and sworn to before me this 14`h day of -2- Z: \CAB \7500 YORK \S ECRETAR Y' SCERTIFICATI ON.2009 AID CHARLES A. BASSFQRD, JR. NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Ekhibit a 7500 YORK COOPERATIVE SPECIAL VOTE OF MEMBERS PROPOSED ASSISTED LIVING PROJECT The Board of Directors of Seventy Five Hundred fork Cooperative is submitting to the vote of the Membership whether the Cooperative should proceed with the Ebenezer York Assisted Diving Project. This matter involves three (3) inseparable issues.. They are: 1. The long -term lease of a portion of the Cooperative's property for the construction and operation of the assisted living facility. The form of lease and a summary of its terms and conditions has been made available to the Membership. 2. The design, location, dimensions and appearance of the proposed assisted living facility and grounds. Drawings of the building and grounds have been presented to the Membership. The replatting of the Cooperative's real estate so that the assisted living project will be constructed on a parcel owned by, but separate from, Seventy Five Hundred York Cooperative. A copy of the proposed replatted property creating the two (2) separate parcels has been displayed to the Membership. If you approve of the Cooperative proceeding with - Ebenezer on the - assisted living project, place an X or checkmark in the box that contains the word YES. If you oppose the Cooperative proceeding with the assisted living project, place an X or a checkmark in the box that contains the word NO. Once you have marked your ballot, cast your vote by following the Voting Instructions on the reverse side. (For the Project) (Against the Project) VOTING INSTRUCTIONS Pursuant to the By -Laws of the Cooperative as interpreted by the Board of Directors and applicable Minnesota Statutes, the following voting regulations and procedures shall apply: 1 One vote per Membership (apartment); 2. No proxy voting will be allowed; 3. After you have marked your ballot, fold and place it back in the yellow envelope in which you received it. Do not remove the label. 4. To cast your vote, the yellow envelope containing your ballot must be: a. Deposited in the blue ballot box by the Business Office before 2:00 p.m., Friday, April 3, 2009. b. Mailed to Seventy Five Hundred York Cooperative and received before 2 :00 p.m., Friday, April 3, 2009. Should the Membership vote in favor of the proposed assisted living project, minor changes to the terms and conditions of the long -term lease and other documents related to the project may be required. In that event, the Board of Directors will exercise its judgment and discretion with regard to such changes. It is also important to recognize that the vote of the Membership is not binding on Ebenezer. Ebenezer Society may determine that the project is not viable, even though a majority of the Membership of Seventy Five Hundred York has voted in favor of it. Please do not hesitate to contact Perry Strassman, Manager, should you have any questions with regard to voting procedures. .. All b Ze, ..Las rour ene, 4r E'si Listed below are potential sustainable design features for Ebenezer York Assisted Living. Location and Neighborhood Fabric: eA Project is located on a site with access to existing roads, water, sewers and other infrastructure within or contiguous to existing development. bey Project is located within walking distance of community facilities, retail establishments, and civic amenities. e,A Include sidewalks or other suitable pathways within a multi - family property or single - family subdivision are included to encourage walking within and off the site and connectivity to the surrounding environment. EA, Orient the building to make use of passive solar heating. eA Provide connections to sidewalks or pathways in surrounding neighborhoods. bey Bike Racks for employees, residents and grandchildren. Site: Building position to take best advantage of day lighting, summer shading, winter solar benefit and protection from prevailing winter weather patterns. y Best Practices in Storm Water Management — reduce impervious surface and aquifer - recharge. Mark all storm drains or storm inlets. (not currently shown on civil plans.) e� Rainwater — Capture the first inch of rainfall that falls in a twenty -four hour period. bey No Ponds bey Implement EPA Best Management Practices for erosion and sedimentation control during construction. EA, Green -Space and Mature tree preservation- Some of the Mature trees will remain intact. [,A Underground Infiltration/Rate Control Tanks 5y Exterior light design for light - pollution control Water Efficiency: e Landscape design will incorporate as many plants as possible that require little irrigation. Select trees and plants appropriate to the climate, including drought - tolerant species in regions with low levels of rainfall during the summer or throughout the year. eA Use appliances and plumbing fixtures that reduce water use and sewage - outflow. A�� Energy and Atmosphere: Include high- efficiency Mechanical and Electrical Systems to reduce fuel and electrical consumption. y Take advantage of local utility programs offering incentives as much as possible. y Motion sensing devices to reduce light levels or turn off lights in unoccupied rooms. Use Energy Star labeled refrigerators and dishwashers. vA Install Energy Star labeled lighting fixtures that use fluorescent Bulbs. A Meet or exceed Energy Star standards, or ASHRAE 90. Materials and Resonreem Use locally sourced materials, as feasible, to reduce carbon impact from transportation. Used recycled or salvaged materials wherever possible and cost effective. y JamesHardie cement -based Siding: meets LEED Certification. (For more information, visit http• / /www.jameshardie.com) CertainTeed Shingle Products. Recycle construction waste materials. ey Windows — Low E coatings and good thermal performance qualities. Healthy Living Environmental Quality: Commit to a smoke -free building (www.mnsmokefreehousing.org) Provide fresh air in accordance with energy codes (or exceed). Enhance occupant control of lighting and HVAC controls (individual space control) Use operable windows to bring fresh air into the building b' Design spaces to take advantage of day lighting and views Use low- emitting materials • Specify low volatile organic compound (VOC) sealants and adhesives • Specify low VOC paint and primers Use composite wood only if free of added urea formaldehyde or if sealed with a low VOC sealant or laminate for cabinetry/countertops and millwork. Use Carpet and Rug Institute's Green Label certified carpet in carpeted areas. Do not install carpets in basements, entryways, laundry rooms, bathrooms, or kitchens. To ensure effective removal of moisture, install energy efficient bathroom fans that exhaust to the outdoors. Adequately ventilate all living areas by providing fresh air per occupant either via the HVAC system or through natural ventilation. y Appropriately size HVAC system to prevent short- cycling of heating or air conditioning and, ensure adequate dehumidification. To avoid moisture problems, use high efficiency hot water heaters or install conventional hot water heaters so that overflow or leaks are captured by drains. Do not install mold - propagating materials, such as unperforated vinyl wallpaper at exterior walls and'unsealed grout, in wet areas. Use highly durable moisture resistant materials in tub /shower. NA Provide surface drainage of water away from windows, walls and foundations. jay Clothes dryers must be exhausted directly to the outdoors. A Seal wall, floor and joint penetrations with low VOC caulk. M1 - . Page 2 6f 3 Continued Operations and Maintenance: �y Provide a plan for educating employees and residents regarding the intent of integrated sustainable building and landscaping features as well as their proper use and maintenance. Use of Organic Fertilizer Basic Recycling practices of Glass/Plastic and Paper will be incorporated. Also, different recycle bins will be located inside the lower level - Bins that will encourage the collection for recycling of: ® Eyeglasses a Batteries ® Cell Phone ® Soup Labels/Box Tops for Education a Wire Hangers ® Plastic Bags Page 3 of 3 3 PeR � VIEW OF ENTRY FROM SOUTH - 7500 YORK NORTH TOWER PROJECT 7500 York Assisted Living Edina, Minnesota 04-2309 1 COMMISSION #21252 -07142 VIEW OF ENTRY FROM WEST - EDINBOROUGH WAY AERIAL VIEW FROM NORTH PROJECT 7500 York Assisted Living Edina, Minnesota 04 -23.09 1 COMMISSION 1121252.07142 VIEW OF MAIN ENTRY FROM PARKLAWN AVENUE r L F L SOUTH ELEVATION PARTIAL SOUTH ELEVATION SOUTH ELEVATION M32'=V-0• Tr Toll UP --o KEY PLAN xaxix 7500 YORK ,SSISTED LIVING EDINA, MINNESOTA mm EXTERIOR ELEVATIONS A3.2 OENEFALNO�EB PRELIMINARY PLAT OF: EBENEZER SOCIETY 2ND ADDITION NOTES CORRRESPOImWO TO EASEMENTS mo '.+. -TO 'BE PLATTED AS: I'M EXISTING LEGAL DESCRIPTION: PROPOSED AREA: w ,�'� •• • ate, °,,'°,,"' r �m, r---x- 40 70 9arlw .am. I2asu .wr. n.l - x7a �•`• v`:d a' ra.- "w.n.e:• W,,r r ll.l G SaRll m91 �pE,IIOPMOIT A9ana1. a.,-.. S ,a +~sn� u � . I � �� �rw w�•r a •af-• (ww� ,rwn awn - •1 •r SCALE IN FEET p �°••^'n Y SUBDIVISION SUMMARY: �• !°'� W°" ' ®°'®''�'Y }N0 ,Y�'�,�,°m." "� •+'' enw ar Iar a ^ r. +� y O,FNFIfl! SOOEIY 19T N,Y1M4 waOa, .,n Y..Jaf 4r, ti! e°Y .va� „��•r+.l�.� 'l Nanepy, Cwnln Y ne•.la ra b ]Oe.e90 .,I,r. MI 1.1ae.va :, 1, v,l LE .1�� „_.,,, STATEMENT OF POSSIB ENCROACHMENTS e Vie.- ,,- �, '•�'' -. �, f•.:r ., �..r .n.rr n..-r, + SCALE: 1111 IO FEET II fi\ I� , /�`.ro �c�" .y _ ,oapw • _ R sq �{ .,� . I y r1 I I �. nevmaYm ,, - 1, y6�7,2? 140VrY1B •W 7h,Ih rY�' +�' q n I V V L iP i - .: V V I ISU 3J 5 ]56'06• W - S097'I B•W �' I i i I i w ns.r,ris a r ir, r nMU..�•w vw u°� ,.. 4 S, V:' '��•°. a -"' `ti - ,' . < J[- 1 •� -SU�r _ - - - - _ _ - - �• _ _ _ , R L -5B ]B' -I��' 1.17 --I I ,� -' ` _ � d`- ,. i' -.�..' > '� I-� 3 �' ' --•� -- - J- � '' J• � A fi2. 9000 -J9•' I Ilt i i+r I 1per I ! 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MINNESOTA APPLICATION I NOTFOR ONSTRUCTION 41241129 FOURTH FLOOR PLAN e.w w A2.6 '6 alp F -N + ,{ • i. y! 11 � b f tk L � i .41, m t : ,` /b ! ■ ki 0 IRIM Min , �30 ■ 00 No ON so so ■ 541's a]" 1, to I■ � l n ■I ■ I Z az 00 0 00 it Tru No ■� ■ r ■� On ■ �M® ■■■ ■1 MIN alto r■ lift �u�. r ■ mail M-rrTll loffft Roo ■ limm 1 0 10 ■ was J®K f� 4 la I11m w fAaocml++•t+A NS- Cc-,,.¢!C ILOSS GG2MS (� m f. 1r k6m, JIM UNITS PER PrCRG- W IVITES 0-0) $0,Y -®wAi °rowpi C� l p 16:311 w � � Co MEMORANDUM — Plan Review `'•r� ENGINEERING DEPARTMENT CITY OF EDINA DATE: May 21, 2009 TO: Cary Teague — City Planner FROM: Wayne Houle — Director of Public Works / City Engineer G_ SUBJECT: 7500 York Assisted Living 7500 York Avenue Engineering has re- reviewed the plans for the above stated project and offer the following comments: • The Edina Transportation Commission (ETC) has accepted the Traffic Impact Study, see attached Traffic Impact Study and minutes from the July 17, 2008 ETC meeting. • A Ninemile Creek Watershed permit will be required, along with other agency permits such as MNDH, MPCA, and MCES. O All storm water from this site shall be treated on -site; no off -site pond expansions are available within the sub - drainage area. Sheet C3.0: (These items can be corrected with the final drawings) Verify sanitary sewer services on both Parklawn Avenue and Edinborough Way by videoing, if the service line meets the approval of the building department then line existing pipe with a CIPP liner, if the service line does not meet the building department's approval it will need to be replaced. Show how roof drains and parking lot drains are connected to storm sewer system. Submit storm water infiltration calculations to Jesse Struve — City of Edina Utility Engineer. This is the first re- review of the new plans. Staff will require a more detail review of the Civil Plans if this project is approved by the City Council. Please contact me if you have any questions regarding this first review. Thanks A`Ibq G:\Engineering \General \Y Streets \7500 York\20090521 re review of 7500 York Assisted Living.doc I� 0 Edina Transportation Commission Thursday, July 17, 2008 Edina City Hall 4801 West 50th Street Council Chambers MEMBERS PRESENT: Les Wanninger, Jean White, Paul Mooty, Steve Brown, Goof Workinger, Tom Bonneville MEMBERS ABSENT: Warren Placate, Hilah Almog, Marc Usem, STAFF PRESENT: Jack Sullivan, Sharon Allison I. Call to Order The meeting was called to order by chair Workinger. II. Comments a. Chair Comments Chair Workinger said he would like Commissioner Brown to brief the ETC on the West 70tH Street/Cornelia Area Traffic Study. b. Public Comments None. III. Old Business None. IV. New Business a. 7500 York Avenue — Ebenezer Management Assistant City Engineer Sullivan said the proposal for 7500 York Avenue is to add 75 residential rooms (88 beds) to an already existing senior facility. Mr. Sullivan` said the redevelopment proposal was applied for in March but was put on hold by the development team. However, staff and WSB reviewed the traffic study and made comments. The developers have since revised their proposal and incorporated staffs and WSB's comments into the traffic study and is seeking approval. Mr. Sullivan said the revised traffic study does not negatively impact traffic and staff is recommending approval. The developer's traffic engineer, Ed Terhaar of Wenck Associates, Inc., was present to answer questions. Commissioner Wanninger motioned to accept staff's recommendation "that traffic generated from the proposed 7500 York Avenue does not adversely affect the adjacent transportation system." The motion was seconded by Commissioner Bonneville. Motion carried. All voted aye. /I (�-7 b 7300 :gush Lake Road — Minnesota Made Assistant ty Engineer Sullivan said the original plan was for an inflated hockey dom but it was change to a permanent building with spectator seating. Mr. Sullivan said mo of the trips to and m the site will be off -peak times such as early mornings and wee ends and there are no a is operational issues at surrounding intersections. He said a proposal does not advers affect traffic therefore, staff is recommending approval. The Ilowing is the Transportation Im ct Analysis Policy: The Transporta 'on Commission shall consider the following four effects i the evaluation of traffic studies at are warranted by certain zoning, land -use, Condit' nal use permits and final develop ent plan applications prior to the application be' submitted to the Planning Commissi and Council for consideration: i) Does the developmen significantly affect the operation and con stion of the adjacent roadways or intersections nd/or result in a traffic hazard? According to th Traffic Impact Study, no adve a impact to surrounding roadways or inter ections shall occur from this evelopment. ii) Does the development signil The Traffic Impact industrial area with iii) Does the development provide op, car - pooling? The Traffic Impact Study V affect pedestrian ly did not addre pedestrian traffig pedestrian safety. This is an inities for nhanced transit usage, vanpooling or not a ress the above usages. iv) Does the development provide feasible or safety problem? There are no known traffic or/ After discussion, the consensus was t at circul for patrons and emergency vehicles./ to address an existing traffic issue Issues at this location. of traffic within the site will be challenging fnllewina modification e to i ms ii and iv list d above: ii) Negatively im actin a th project to mei All voted ave. issi V. Approval pf Minutes a. R gular Meeting of June 19, 2008 a 2 A" VI. Planning Commission Update (Commissioner Brow Commissione Brown reported that 6921 York Place and rosstown Medical, 4010 'W. 65tH Street, receive preliminary approval last month. He s id final approval is expected next month. Commissioner Bro n, chair of the West 70"' StreeU,�ornelia Area Traffic Study, said the next Study Advisory Co mittee (SAC) meeting is scheduled for July 28, 7 -9:00 p.m., at Christ Presbyterian Church. He said working with stall and the consultant, a 17 -step process was developed to finalize a ecommendation to the ouncil and it was submitted to the Council for their review. After getti Council's feedba , the 17 -step process will be distributed to the ETC and SAC. Commissi ner Brown said a anticipates two more SAC meetings and then a final recommendation to Co cil. Assistant City Engineer Sulliva said 94 the information for the July 28 meeting will be posted to the website and available for wi g in the Engineering office. VII. Open Discussion Commissioner White said the' acket included information from Transit for Livable Communities regarding a grant at th Engineering Department applied for but did not receive approval. She asked what th applic tion was for. Mr. Sullivan said the grant money would have been used for bike ails an sidewalks. He explained that Transit for Livable Communities provides funds or alternati a modes of transportation. In reference-to the Trans p rtation Chapte \ad he Comp Plan, Commissioner Wanninger said they included two potenti I transit options will require feasibility studies to determine cost, etc. He asked when will a studies begin ill the ETC play a leadership role. Mr. Sullivan will prepare a response or the next schedmeeting. Commissioner Bonne ille said the ETC .s be concerned with the overall function of the City's traffic and the are two significant projects that are impacting the City, including the Crosstown, which s aff should be updating the ETC on at regular intervals and therefore, making it public. T next is the Edina Country Club for which staff can give progress reports when streets will b closed, etc. VIII. Adjournment Meeting adjourne at 6:50 p.m. "" 4 . • - 3 Page I of I Edina Transportation Commission Item Iv. a. REGULAR TRANSPORTATION COMMISSION MEETING REPORT/RECOMMENDATION To: Transportation Commissioners Agenda Item No.: IV. a. From: Jack Sullivan, P . � ACTION: Assistant City E veer Recommendation /Motion Date: July 17, 2008 ® Discussion Subject: Transportation ❑ Information Impact Analysis — 7500 York Avenue— Ebenezer Recommendation: Review the attached transportation impact analysis submitted by Wenck dated June 30, 2008 and review a memo dated April 2 and July 9, 2008 from WSB and Associates. If so desired by the Transportation Commission, adopt a motion recommending that traffic generated from the proposed 7500 York Avenue does not adversely affect the adjacent transportation system. Info /Background: Staff received a draft Transportation Impact Analysis (TIA) on March 17, 2008 for the construction of a new 89,700 sq ft assisted living facility immediately north of the assisted senor house building located on 7500 York Avenue. The building would have 76 units and 80 beds. Shortly afterwards the project application was postponed by the developer. However, staff and WSB review the document and comments and question from our review can be seen in the April 2, 2008 memo from WSB. As of June 30, 2008 the applicant resubmitted the TIA with a revised building size of 110,595 square foot and 76 units and 88 beds. All comments from the April 2nd memo have been addressed in the June 30th submittal. 00 G:\ Engineering\ Infrastructure \Streets \Traffic \Transportation Commission\Agendas\2008 R &R\20080717_7500_York.doc WSB & assrxrares. Inc. Infrastructure ■ Engineering ■ Planning ■ Construction Memorandum To: Wayne Houle, PE, Public Works Director /City Engineer Jack Sullivan, PE, Assistant City Engineer City of Edina From: Chuck Rickart, PE, PTOE Transportation Engineer WSB & Associates, Inc. Date: July 9`h, 2008 Res Assisted Living Facility — 7500 fork Traffic Study Review City of Edina WSB Project No. 1686 -02 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 As requested, we have reviewed the revised Traffic Study prepared by Wenck Associates, Inc. for the proposed Assisted Living Facility located at 7500 York Avenue. The proposed development is located south of Parklawn Avenue between Edinborough Way and York Avenue. The revised development is proposed to include the expansion of the existing senior housing with the Assisted Living facility. The new building will be 110,595 square feet with 76 units and 88 beds. The revised proposed development is slightly larger the original proposal. Comments were made on the original proposal in April 2008. These comments have been addressed as part of the revised study. Based on my review of the revised Assisted Living Facility Traffic Study I concur with the conclusions and agree that there will not be any significant impact from the proposed development on the adjacent street system. Therefore, based on my review I would recommend approval of the proposed development. Asi CAD—ts wa scttinojsuOiv OmluoplMEMO- wnome- 07090e.eoo Memorandum To: Wayne Houle, PE, Public Works Director /City Engineer Jack Sullivan, PE, Assistant City Engineer City of Edina From: Chuck Rickart, PE, PTOE Transportation Engineer WSB & Associates, Inc. Date: April 2nd 2008 Re: Assisted Living Facility — 7500 fork Traffic Study Review City of Edina WSB Project No. 1686 -02 As requested, we have reviewed the Traffic Study prepared by Wenck Associates, Inc. for the proposed Assisted Living Facility located at 7500 York Avenue. The proposed development is located south of Parklawn Avenue between Edinborough Way and York Avenue. The development is proposed to include the expansion of the existing senior housing with the Assisted Living facility. The new building will be 89,700 square feet with 76 units and 80 beds. Based on the review of the Assisted Living Facility- Traffic Study, the following questions /comments are made: 1. The Existing Conditions section indicates that traffic data was collected at the intersections during the AM and PM peak hours. It appears that these counts were in addition to those conducted as part of the SE area model project. A comparison should be made to assure that these counts are reasonable. There was also no indication if counts were also conducted at the site driveways. 2. It appears that the SE Edina area model files were not used for the analysis. These files would include "other" proposed developments in the area. The one percent per year growth should be added, in addition to the "other" development. 3. In the Trip Generation section there is no indication if the existing facility is full or if additional trips should be assumed for that facility? 4. The Traffic Distribution assumptions should be compared with adjacent proposed developments. G:\a meebg\G ®erdkY Seem% 7500 YwtklD0g0410_C23uct_Richazt_WSB MEMO- whonle- 04020B.dm WSB & AssociXes. lac Infrastructure ■ Engineering ■ Planning ■ Construction 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 Memorandum To: Wayne Houle, PE, Public Works Director /City Engineer Jack Sullivan, PE, Assistant City Engineer City of Edina From: Chuck Rickart, PE, PTOE Transportation Engineer WSB & Associates, Inc. Date: April 2nd 2008 Re: Assisted Living Facility — 7500 fork Traffic Study Review City of Edina WSB Project No. 1686 -02 As requested, we have reviewed the Traffic Study prepared by Wenck Associates, Inc. for the proposed Assisted Living Facility located at 7500 York Avenue. The proposed development is located south of Parklawn Avenue between Edinborough Way and York Avenue. The development is proposed to include the expansion of the existing senior housing with the Assisted Living facility. The new building will be 89,700 square feet with 76 units and 80 beds. Based on the review of the Assisted Living Facility- Traffic Study, the following questions /comments are made: 1. The Existing Conditions section indicates that traffic data was collected at the intersections during the AM and PM peak hours. It appears that these counts were in addition to those conducted as part of the SE area model project. A comparison should be made to assure that these counts are reasonable. There was also no indication if counts were also conducted at the site driveways. 2. It appears that the SE Edina area model files were not used for the analysis. These files would include "other" proposed developments in the area. The one percent per year growth should be added, in addition to the "other" development. 3. In the Trip Generation section there is no indication if the existing facility is full or if additional trips should be assumed for that facility? 4. The Traffic Distribution assumptions should be compared with adjacent proposed developments. G:\a meebg\G ®erdkY Seem% 7500 YwtklD0g0410_C23uct_Richazt_WSB MEMO- whonle- 04020B.dm Mr. Wayne Houle, PE Jack Sullivan, PE City of Edina January 20, 2008 Page 2 of 2 5. The analysis of the proposed access points does not indicate if issues arise between the proposed driveway and existing driveway on Edinborough way. 6. The Conclusions and Recommendations should be updated to reflect the comments herein. Based on these comments and my general review of the site configuration and the Traffic Study, additional information and analysis should be provided before any approval recommendation can be made. 453 G: I£ ngineednglGen— llYStreets17500York1200804J0 Chuck_R'charf_WSB AfEAfO- xhoule- 040208.doc Wenck File #2058 -01 Prepared for: Ebenezer Management Prepared by: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359 -0249 (763) 479 -4200 A5� Transportation Impact Analysis for Assisted Living Facility 7500 York Avenue Edina, MN June 30, 2008 Table of Contents 1.0 EXECUTIVE SUMMARY ................................................................. ............................1 -1 2.0 PURPOSE AND BACKGROUND .................................................. ............................... 2 -1 3.0 EXISTING CONDITIONS .............................................................. .................... ............ 3 -1 4.0 TRAFFIC IMPACTS ....................................................................... ............................... 4 -1 5.0 PARKING IMPACTS ......................................................................... ............................5 -1 6.0 TRANSIT, BICYCLE, AND PEDESTRIAN IMPACTS ............. ............................... 6 -1 7.0 CONCLUSIONS .................................................................................. ............................7 -1 8.0 APPENDIX ........................................................................................... ............................8 -1 FIGURES 1 PROJECT LOCATION 2 SITE PLAN 3 EXISTING CONDITIONS 4 WEEKDAY AM PEAK HOUR TRAFFIC VOLUMES 5 WEEKDAY PM PEAK HOUR TRAFFIC VOLUMES 6 WEEKDAY AM PEAK HOUR LEVELS OF SERVICE 7 WEEKDAY PM PEAK HOUR LEVELS OF SERVICE 1.0 Executive Summary The purpose of this Transportation Impact Analysis is to evaluate the impacts of the proposed assisted living facility located on the 7500 York Avenue site in Edina, MN. The project site is located in the southeast quadrant of the Parklawn Avenue intersection with Edinborough Way. This study examined traffic impacts of the proposed development on the following intersections: • York Avenue/Parklawn Avenue • York_ Avenue /76th Street • 76th Street/Edinborough Way • Parklawn Avenue/Edinborough Way In addition to traffic related impacts, impacts to on -site parking, pedestrian and bicycle facilities, and transit were also examined. The proposed project consists of constructing a new 110,595 square foot assisted living facility immediately adjacent to the existing senior housing building located at 7500 York Avenue. The facility would contain 76 dwelling units and a total of 88 beds for residents. The new assisted living facility would be built next to the existing underground parking ramp located in the northwest quadrant of the property. The project will include rezoning the entire property to the Planned Senior Residence category. The new building will have a full access point on Parklawn Avenue and a full access point on Edinborough Way. The existing access drive for the underground parking ramp would remain in its existing location. The project will add 62 additional parking stalls to the site. The project is expected to be complete in early 2010. The conclusions drawn from the information and analyses presented in this report are as follows: • The proposed development will generate 12 trips during the weekday AM peak hour, 19 trips during the weekday p.m. peak hour, and 234 daily trips. No changes are expected in the trip generation for the existing senior housing facility in conjunction with the proposed project. • The intersections of 76`h Street/Edinborough Way, York Avenue /761h Street, York Avenue/Parklawn Avenue, and Parklawn Avenue/Edinborough Way have adequate capacity with existing geometrics and control to accommodate the proposed development while maintaining acceptable levels of service. The proposed access locations on Parklawn Avenue and Edinborough Way will provide adequate operations for trips to and from the site. On Edinborough Way, we do not anticipate any issues between the existing access and the proposed access. The low 1 -1 A �� volume of traffic that uses each access point, combined with the low volume of traffic on Edinborough Way, will result in adequate operations at each access point. • With the inclusion of dedicated visitor and staff parking area, parking impacts for the proposed facility are expected to be minimal. • No significant impacts are expected to the existing transit, bicycle, or pedestrian facilities due to the proposed project. 1 -2 ASl 2.0 Purpose and Background The purpose of this Transportation Impact Analysis is to evaluate the impacts of the proposed assisted living facility located on the 7500 York Avenue site in Edina, MN. The project site is located in the southeast quadrant of the Parklawn Avenue intersection with Edinborough Way, as shown in Figure 1. This study examined traffic impacts of the proposed development on the following intersections: ■ York Avenue/Parklawn Avenue ■ York Avenue /761h Street ■ 76`h Street/Edinborough Way ■ Parklawn Avenue/Edinborough Way In addition to traffic related impacts, impacts to on -site parking, pedestrian and bicycle facilities, and transit were also examined. Proposed Development Characteristics The proposed project consists of constructing a new 110,595 square foot assisted living facility immediately adjacent to the existing senior housing building located at 7500 York Avenue. The facility would contain 76 dwelling units and a total of 88 beds for residents. The new assisted living facility would be built next to the existing underground parking ramp located in the northwest quadrant of the property. The project will include rezoning the entire property to the Planned Senior Residence category. The current site plan is shown in Figure 2. The new building will have a full access point on Parklawn Avenue and a full access point on Edinborough Way. The existing access drive for the underground parking ramp would remain in its existing location. The project will add 62 additional parking stalls to the site. The project is expected to be complete in early 2010. 2 -1 th n ° J ST. a ° a DR, W n " m YJ, �`[ 4 rd S 60 ih ST, % O J J Y ! C V ^, o u 62 y yY• 64 t tl, S N > C "� C3 I I'J. i is b J Z Z Z W O Y O J 4 4 ST ST. f,• O Y. % = u Z p z v j x O 2 ¢ 4 IV. 61 S ST. -� W' °Sth S ST. 3 W a W cc ° x m > 65th S o x ST, p ov o VIE'r; CH OWEN : a L J z n. AYORC _ �= 53 c a �• W .� y CU RVE Q' 66 t 3 W. 62 66th -I . f 5 1. yy 6 CT 4N 4 IV, 62 nd ST. 22. WIRWICK PL. SOUTH DALE'; J -RI SON 23. MELODY LAKE RD. v uj� ` HERITAGE vv• 62 nd vi ` `^ ' '" ST. c w 2 62 0 to J J4. i u a i < < D ° DR, W W 6 63 r rd S ST, m 32 ^, o u 62 y yY• 64 t tl, S ST. > > C C3 I I'J. i is b bath S ST. J 4 4 IY. o ou x x O O °Sth S ST. 3 31 W W. 6 65th S ST, 53 c a a ST. ° ° . .� y 66 t 53 66th -I . . 5 yy 6 th S SS. 5 o" 2 22. WIRWICK PL. SOUTH DALE'; 23. MELODY LAKE RD. v vi v vi ` `^ ' '" .':� c c w 2 29,NORMANDALE CT, C CIR. 1 1Y, 6 67 t th T T. ..'39 '--.-.... •. _ :•� I o a a 2 25. LANTANA LA. FORREST T �q. Og• _ _ ; 26. NORMANDALE RD. ✓ ✓ v v ; ; v vi F FG FANZ ' n : '`+ 2 27. JOSEPHINE AVE. > > > > , , F W. 6 68 ' 'h 5 5T. D DR' q Y Y� RD' 1 :'q� 2 2B. COLONIAL CT. y y W JUDS O `�� 1 29. NORTH FIELD AVE. ON I I A C,C' M1� = 3 30. RIDGEVIEW AVE. > > cc 4•r z z v y W W. 69th ST, y yy, G G9 i ih ° ST. 0u >> v v W . .JJ C P O . . (4 1 a > > a O ( 1 aJ ' '> > > > v> h > a > o > Jw ' i 4 C� o a 31. HOLBGRIJ AVE. W. 70 %z ih 6T. >vER RD.a ;MAVELL Ew~ a✓ a 32.ROLF AVE, T�T,r��7�+yL i N 7p x DR's 33.ROBERTS PL. X W. 71st Sti`l�Aill'lIC:Q..�I1 ST. RE LA, o �.� ¢ HAZELTON KD' ��„ ' w x I 2000 POP. 7RC o o 4 34, BIRCHCREST OR, o W. 71 /z - E o a rr. J > ST. :9 p YORE v, i m 72 nd 35. W. 63rd ST. vJ, 72nd ST. a UNY461 Yp. $\,a aST. 36. NANCY LA. I - f<<S %ORTH oy DR n w Cjj7• r 37, MILLER'S LA. lu 3E �31 W. 73 th JrONOELL DR. w :n ° DR. Project Z w ¢ Location ILFOP.D DR. r o u a u a a t. S', z 74 th Z5 ST. J s ¢ z W Y> J 1• IJV CT, W Z N i ? a a uPARKLAWJJ u %, L� AVE. `- _ C' a ° p W J z Z 1lI?.4 0 �VFi \> '1 lV. 'a > > 0 75th a o u T. S A J r(i P %AZ4 1•\ w o J W DR. ; i x z u 1i o 1 V. 76th ST. % W, 761th J ST. s 4 ST. a 17 K ° MINNESOTA u z n O o o c ST. 0 _ S• o C,R W. 78th ' � cc BLVD. O u vi m Wenck x Lt, vJ, 77 th ST, Le m - � N DR. lV. 7Bth ST. SOUTy'�TOVIN jl) APPROXIMATE SCALE = z AMERICAN BLVD. ;r o 11• 0 ° z C= 1 0 2500' 7u G a a -W. 81st ST. n TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN li FIGURE 1 PROJECT LOCATION 3E �31 W. 73 th JrONOELL DR. w :n ° DR. Project Z w ¢ Location ILFOP.D DR. r o u a u a a t. S', z 74 th Z5 ST. J s ¢ z W Y> J 1• IJV CT, W Z N i ? a a uPARKLAWJJ u %, L� AVE. `- _ C' a ° p W J z Z 1lI?.4 0 �VFi \> '1 lV. 'a > > 0 75th a o u T. S A J r(i P %AZ4 1•\ w o J W DR. ; i x z u 1i o 1 V. 76th ST. % W, 761th J ST. s 4 ST. a 17 K ° MINNESOTA u z n O o o c ST. 0 _ S• o C,R W. 78th ' � cc BLVD. O u vi m Wenck x Lt, vJ, 77 th ST, Le m - � N DR. lV. 7Bth ST. SOUTy'�TOVIN jl) APPROXIMATE SCALE = z AMERICAN BLVD. ;r o 11• 0 ° z C= 1 0 2500' 7u G a a -W. 81st ST. n TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN li FIGURE 1 PROJECT LOCATION s 4 ST. a 17 K ° MINNESOTA u z n O o o c ST. 0 _ S• o C,R W. 78th ' � cc BLVD. O u vi m Wenck x Lt, vJ, 77 th ST, Le m - � N DR. lV. 7Bth ST. SOUTy'�TOVIN jl) APPROXIMATE SCALE = z AMERICAN BLVD. ;r o 11• 0 ° z C= 1 0 2500' 7u G a a -W. 81st ST. n TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN li FIGURE 1 PROJECT LOCATION - - - - - - -- - ---------------- PARKLAWN AVENUE .... ...... . 7-1 ti 4t-mi-j4 WEST 76TH STREET TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN 466. FIGURE 2 SITE PLAN z UJ 0 N t PPROXIMATE SCALE 0 120' 3.0 Existing Conditions The proposed site currently consists of an underground parking ramp used by the senior housing building at 7500 York Avenue. The project site is bounded by Parklawn Avenue on the north, Edinborough Way on the west, the adjacent senior housing building on the south, and York Avenue on the east. York Avenue i-s a four -lane divided roadway with turn lanes at major intersections. Parklawn Avenue is a four -lane undivided roadway east of Edinborough Way. Edinborough Way is a two -lane roadway which provides access to nearby residential properties. Existing conditions are shown in Figure 3. The signalized intersection of 76`h Street and Edinborough Way provides one lane shared by left turn, through, and right turn movements on the southbound approach. The southbound approach consists of one left turn/through lane and one right turn lane. The westbound 76`h Street approach consists of one left turn lane, two through lanes, and one right turn lane. The eastbound approach consists orotect d/ turn emissive basis for both 76`aStreet pproa hes and on a lane. Left turns operate on a p P permitted basis for both Edinborough Way approaches. The signalized intersection of York Avenue and 76`h Street provides one dedicated left turn lane, one through lane, and one through/right turn lane both the eastbound and westbound approaches. The northbound approach consists of one left turn lane, one through lane, and one through/right turn lane. The southbound approach a nsts f two left turn lane, two through lanes, and one right turn lane. Left turns operate protected The intersection of York Avenue and Parklawn Avenue is controlled with stop signs on the Parklawn Avenue approaches. The northbound and southbound approaches consist of one left turn lane, two through lanes, and one right turn lane. The eastbound approach consists of one left turn/through lane and one through/right turn lane. The westbound approach consists of one lane shared by left turn, through, and right turn movements. The intersection of Parklawn Avenue with Edinborough Way is controlled with stop signs on the Edinborough Way approaches. The northbound and southbound eastbound approaches consist of one lane shared by left turn, through, and right turn movements. T approaches consist of one left turn/through lane and one through/Iright turn lane. Turn movement data was collected at the Parklawn Avenue/Edinborough Way intersection during the weekday a.m. and p.m. peak periods in January, 2005. Existing data for the other analysis intersections was obtained from the City's existing conditions Synchro model. 3 -1 ht � ... �, ate. , rf .�• �, � � �35� �' � � r �,, ' V�r f PARK LAWN AVENUE r I APPROXIMATE SCALE " 9 K PROA T LOCATION + •# W s ; z. 0 ri A � O a ► (t fig"'. r .fib t y e.. i. 76TH STREET a TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN 46a r FIGURE 3 �4 i is e i lT• EXISTING CONDITIONS ,■ 4.0 Traffic Impacts Traffic Forecast Scenarios To adequately address the impacts of the proposed project, forecasts and analyses were completed for the year 2010. Specifically, weekday a.m. and p.m. peak hour traffic forecasts were completed for the following scenarios: • Existing (2008). Existing volumes were determined through traffic counts at the subject intersections. 2010 No- Build. Existing volumes at the subject intersections were increased by one percent per year to determine 2010 no -build volumes. The one percent per year growth rate was determined based on historic traffic volume information on the surrounding roadway network. • 2010 Build. Trips generated by the proposed development were added to the 2010 no- build volumes to determine 2010 build volumes. Trip Generation of Proposed Uses Weekday a.m. and p.m. peak hour trip generation for the proposed development were calculated based on data presented in the seventh edition of Trip Generation, published by the Institute of Transportation Engineers (ITE). The resultant trip generation is shown in Table 1. Table 1 W,,,,i -4— A M �n,] PM PPak Annr Trin Generation for Proposed Uses •r ccnun �....:. — - Weekday AM Weekday PM Use Size Units Peak Hour Peak Hour Dail In Out Total In Out Total Total Assisted living I Beds 8 4 12 8 1 11 19 234 The Trip Generation publication indicates that a study based on national and local data indicated that less than 5 percent of residents at assisted living facilities owned cars, which were rarely driven. The vast majority of trips generated are from visitors, staff, and deliveries. The trip generation shown in Table 1 is for the proposed facility only. No changes are expected in the trip generation for the existing senior housing facility in conjunction with the proposed project. 4 -1 463 Trip Distribution Percentages Trip distribution percentages for the subject development trips were established based on the nearby roadway network, existing and expected future traffic patterns, and location of the subject development in relation to major attractions and population concentrations. The distribution percentages for trips generated by the proposed development are as follows: • 2517o to /from the north on York Avenue • 1507o to /from the south on York Avenue • 5010 to /from the west on Parklawn Avenue • 25% to /from the west on 76`h Street • 25010 to /from the east on 76`h Street • 5010 to /from the south on Edinborough Way The trip distribution percentages presented were developed based on careful review of the existing peak hour volumes at all of the analysis intersections. This basis results in trip distribution percentages that are similar to the existing surrounding residential uses. Therefore, the trip distribution percentages presented are realistic for the proposed development. Traffic Volumes Development trips were assigned to the surrounding roadway network using the preceding trip distribution percentages. Traffic volumes were established for all the forecasting scenarios described earlier during both the weekday a.m. and p.m. peak hours. The resultant traffic volumes are presented in Figures 4 and 5. 4 -2 k4� Mr_. +-- 21212 ") <-- 104/107/107 ,r 717/9 PARKLAWN AVENUE I T f 73/75/75 -� 57/59/60 o o cco 442 717/7 Cl o to o 5/5/7 m r 144/148/148 -� N u') a r I L> ,� 441 (D N _T i O w 0 m z 0 W PROJECT LOCATION STAFF ACCESS r N +--4/4/5 Lo N r F- 508/523/523 213/219/219 5/5/7 144/148/148 -� m r q 11/11/11 N � r� Lo arc*� ` r T N r U7 Werick <- 113/116/117 ,F- 443 D 0 cn C-) � n x . N 76TH STREET N NOT TO SCALE EXISTING 2008 ��� -- --- 2010 NO -BUILD I r 2010 BUILD xx/xx/ Ixwxxl TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN . koy- 0 ti Lo co 0� 00 v to d"cf I� 39140141 -� 2/2/2 29/30/31 -7� w z w Q Y O } '�t o N � � N r r r vccooro 40141/41 168/173/174 -� 25/26/26 �• FIGURE 4 +-3/3/3 E-- 2/2/2 ,F- 7/717 I f r rr(D occfl (` r do L O Lo +-- 1611166/167 <- 562/579/580 ,F- 54/56/56 I f r cn00� 00 —(D Qmr ti o (G (")ter co ti r WEEKDAY A.M. PEAK HOUR TRAFFIC VOLUMES ??� rl_ co ('' c) r <— 72/74/75 <-- 419/432/432 j � �y ,F- 18/19/22 PARKLAWN AVENUE 2/212---l' <1 T 179/184/185 -� 163/168/169 ---> � N - / -/2 � 24/25/25 � ti Q - N r cl) 0 cM - _M cD 0 M r 00 v co yr v T� `t N } a) Q M i O 0 0 CO Z W PROJECT LOCATION STAFF ACCESS ti rl_ co 23/24/25 r'- cD <-- 419/432/432 ,`- 78/80/80 32/33135 -J' I T 829/854/854 a, cD LO 41/42/42 -y '2 M o M NcDo N � cl) 0 cM - N Wenck <--- 112/115/116 f- - / -/3 cn 0 m -i 76TH STREET N NOT TO SCALE EXISTING 2008 2010 NO-BUILD 2010 BUILD XX/XX/XIX/XXI TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN 44 (D v M r e � � r m bj (DII (IQ Ir 70/72/75 �` 2/2/2 61/63/65 W D z W Q Y 0 oCD t-_ c`O N 0 00 cD cli�N �rnm .N— (NO N 156/161/161 918/946/947 - 130/134/135 FIGURE 5 '- 6/6/6 <-- 0 /0 /0 ,p- 2/2/2 If C� �mLO co O co ti 4'-- 261/269/270 <— 330/3401341 j- 55/57/57 If Coo ."T 0 0 r-cn 8s c0 CD ICT WEEKDAY P.M. PEAK HOUR TRAFFIC VOLUMES Intersection Analysis Traffic analyses were completed for the subject intersections for all scenarios described earlier during both the weekday a.m. and p.m. peak hours using Synchro software. The existing conditions Synchro model was obtained from the City_ and used as the starting point for the analysis. The existing model was expanded to include the Parklawn Avenue/Edinborough Way intersection, which was not included in the City model. Initial analysis was completed using existing geometrics, control, and signal timing. Capacity analysis results are presented in terms of level of service jLOS), which range from A to F. LOS A represents the best intersection operation, with very.little delay for each vehicle using the intersection. LOS F represents the worst intersection operation, with excessive delay for each vehicle using the intersection. Level of service results are shown in Figures 5 and 6. Overall, the analyses show that all intersections have adequate capacity to accommodate the proposed development while maintaining acceptable levels of service. Discussion for each individual intersection is shown below. 76`" Street /Edinborough Way - During the a.m. peak hour under all scenarios, all movements operate at LOS C or better. No improvements are necessary at this intersection during the a.m. peak hour to accommodate the proposed development. During the p.m. peak hour under all scenarios, all movements operate at LOS C or better. No improvements are necessary at this intersection during the p.m. peak hour to accommodate the proposed development. York Avenue176'h Street - During the a.m. peak hour under all scenarios, all movements operate at LOS D or better. No improvements are necessary at this intersection during the a.m. peak hour to accommodate the proposed development. During the p.m. peak hour under all scenarios, all movements operate at LOS D or better. No improvements are necessary at this intersection during the p.m. peak hour to accommodate the proposed development. York Avenue /Parklawn Avenue - During the a.m. peak hour under all scenarios,. all movements operate at LOS C or better. No improvements are necessary at this intersection during the a.m. peak hour to accommodate the proposed development. During the p.m. peak hour under all scenarios, all movements operate at LOS C or better. No improvements are necessary at this intersection during the p.m. peak hour to accommodate the proposed development. Parklawn Avenue /Edinborough Way - During the a.m. peak hour under all scenarios, all movements operate at LOS A. No improvements are necessary at this intersection during the a.m. peak hour to accommodate the proposed development. 4 -5 k6 -7 During the p.m. peak hour under all scenarios, all movements operate at LOS B or better. No improvements are necessary at this intersection during the p.m. peak hour to accommodate the proposed development. Parklawn Avenue/Vi.sitorAccess - During the a.m. and p.m. peak hours under the 2010 Build scenario, all movements operate at LOS A. Edinborough Way /Staff Access - During the a.m. and p.m. peak hours under the 2010 Build scenario, all movements operate at LOS A. Adequacy of Access Locations As shown in the site plan, the proposed project includes two access points. One access point will be located on Parklawn Avenue approximately 260 feet west of York Avenue. This access will be used primarily by visitors. The second access is located on Edinborough Way approximately 300 feet south of Parklawn Avenue. This access will be used primarily by staff. As shown in the Level of Service analysis, both access points are expected to operate at acceptable levels of service. In addition to the Level of Service results, maximum queue lengths for the eastbound approach at Parklawn Avenue /York Avenue and the northbound approach at Parklawn Avenue/Edinborough Way were also reviewed. At Parklawn Avenue/York Avenue, the intersection analysis indicates a 95`h percentile maximum eastbound queue of 11 feet during the a.m. peak hour and 31 feet during the p.m. peak hour. At Parklawn Avenue/Edinborough Way, the intersection analysis indicates a 95`h percentile maximum eastbound queue of 5 feet during the a.m. peak hour and 8 feet during the p.m. peak hour. Therefore, adequate space exists on both roadways for the proposed access points. On Edinborough Way, we do not anticipate any issues between the existing access and the proposed access. The low volume of traffic that uses each access point, combined .with the low volume of traffic on Edinborough Way, will result in adequate operations at each access point. 4 -6 od Q Q Q a a a a a a t— A/A/A <— A/A/A A/A/A PARKLAWN AVENUE <-- A/A/A F- - / -/A aaa a a a 'L- B /B /B <-- B /BIB B/B/B A/A/A A/A/A C /C /C — AWA a 4 ? AB /B -7� <<< A/A/A a a ¢ aa a a z PROJECT LOCATION Q Q 0 0 Z ` -14A - / -/A STAFF c O ;a z ACCESS > Q a BQ 3` Y r c� 0 w 0 M z 0 w MOO '�-- A/A/A QUU a v v a U U C /c/c � C /C /C m v U N y <-- A/A/AA 76TH STREET �i WWI) A/A/A --+ C /C /C B /BB <1 U U ¢ B /B /B �. Um� C A/A/A ��a Omm Wenck N NOT TO SCALE EXISTING 2008 2010 NO -BUILD F[T 2010 BUILD XX/XXiXX/XX TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN 466 FIGURE 6 WEEKDAY A.M. PEAK HOUF\ LEVELS OF SERVICE m m m m m m aaa t— A/A/A <-- A/A/A f-- A/A/A PARKLAWN AVENUE �— A/A/A - /- /A 3 3 3 aaa ^- B /B /B E— B/B/B B /B /B A/A/A A/A/A f C /C /C -� A/A/A -� mmm -I -/A -�, Q Q B /B /B <<< A/A/A —3, mmm ' a a a mmm PROJECT LOCATION Qd n C) cn -I -IA STAFF U) 0 z w T ACCESS Q Q Q a` Y 0 r M c� 0 0 m z 0 w a ° m a m m A/A/A m moo L) o '� CIC /C a m m <-- A/A/AA �i C /C /C �- D1D /D 76TH STREET EI A/A/A D /D /D T (� B!B!B m m Q D /DID DID /D B/B/B mma 000 oua N NOT TO SCALE EXISTING 2008 2010 NO -BUILD 2010 BUILD XX/XX/XXl IXX TRANSPORTATION IMPACT ANALYSIS FOR PROPOSED ASSISTED LIVING FACILITY IN EDINA, MN A70 FIGURE 7 WEEKDAY P.M. PEAK HOUR LEVELS OF SERVICE 5.0 Parking Impacts The existing senior housing facility includes 133 on -grade parking stalls and 227 enclosed parking stalls. Access for the enclosed parking stalls is provided on.both 76`h Street and on Edinborough Way. The proposed assisted living facility will include 42 additional on -grade parking stalls and 20 additional enclosed parking stalls. Access locations for the enclosed parking stalls will not be changed. As indicated in the Traffic Impacts section, the vast majority of residents of the proposed assisted living facility are not likely to have vehicles. The majority of trips generated by the proposed facility will be from visitors, staff, and deliveries. The proposed site plan includes 35 on -grade stalls dedicated to visitors, with the remaining 7 stalls dedicated to staff. The parking impact of the proposed facility will be limited to visitor and staff. The proposed project includes dedicated visitor and staff parking areas. The overall parking impacts of this development are expected to be minimal. 5 -1 AV 6.0 Transit, Bicycle, and Pedestrian Impacts Transit Impacts Existing transit routes are located on York Avenue, 76th Street, and Edinborough Way. Bus stops with benches are located along 76th Street at regular intervals. Routes 538, 539, 540, and 578 provide regular transit service to this area. The proposed development is not expected to significantly impact the need for transit service in this area. Maps of the existing transit routes are shown in the Appendix. Bicycle and Pedestrian Impacts As shown in Figure 3, sidewalks are provided along all streets surrounding the proposed project. The proposed project will include access,from the building to the existing sidewalk system. No significant impacts to the sidewalk system are expected due to the proposed project. 6 -1 _. A 7--;L 7.0 Conclusions The conclusions drawn from the information and analyses presented in this report are as follows: • The proposed development will generate 12 trips during the weekday AM peak hour, 19 trips during the weekday p.m. peak hour, and 234 daily trips. No changes are expected in the'trip generation for the existing senior housing facility in conjunction with the proposed project. • The intersections of 76`h Street/Edinborough Way, York Avenue /76`h Street, York Avenue/Parklawn Avenue, and Parklawn Avenue/Edinborough Way have adequate capacity with existing geometrics and control to accommodate the proposed development while maintaining acceptable levels of service. • The proposed access locations on Parklawn Avenue and Edinborough Way will provide adequate operations for trips to and from the site. On Edinborough Way, we do not anticipate any issues between the existing access and the proposed access. The low volume of traffic that uses each access point, combined with the low volume of traffic on Edinborough Way, will result in adequate operations at each access point. • With the inclusion of dedicated visitor and staff parking area, parking impacts for the proposed facility are expected to be minimal. • No significant impacts are expected to the existing transit, bicycle, or pedestrian facilities due to the proposed project. 7 -1 A79 8.0 Appendix s Transit Maps • Pedestrian/Bicycle Facilities Map 047 �' �0 0 CD 00 82nd St Southdale Transit Center a Fairview -.- Metro Transit Routes: BeLine R ules: R T Soul, a Veteran �Ae 390 H Memorial Passenger 5 u fit 15 z Drop Offr--� En Park ;5 SW Met U3 66th St 661h St a) CH) Gate C > ub Passenger < (561h St W .4 76th St and Pick Up :-j C\I Newton Ave S W C\j Gate Passenger g. r ID ,ate C Passenger Pick Up C\. 69th St Metro Transit Routes: Target 5 Metro Transit Routes: Cub BeLine Routes: 00 r-I 6 73rd St 4 Door13 1 3400 (13fc) q I: Pifrklawn U. z BeLine Routes: Old Shakopee Rd. 761h 76th St o-poy 01) Killebrew Or U3 2 MVTA Routes: ?Best, 781h St 69th St Tqr Bu Eget E nborou h R 9 C--TD N Sta tia 78th e s arga . I M nri Plaza 82nd RI — a 5 American Blvd in 11 c7l uthtown Landing. 15 Cub E0 -C 12 -] - U En _, L) 11 '9 4 C -j 0 0 2 86(h SIO--��) x r- MU co x -7 UQ'." In. 0xborcl Miles I (M) PENN D 'o LAKE artners Maim Transit Routes: BeLine Route: SW Metro: Minnesota Drive and France Ave S Metro Transit Routes: BeLine Route: QED is 981h S, �da Newton Ave S Iq'nTn: I eJ 11 ge Jeffers a n H Metro Transit Routes: Schoigh ol Drop Ott - En C '0 0 z alW ley VW x LW a) x 90th St a. ID PENN LAKE Metro Transit Routes: BeLine Route: Newton Ave S Passenger 70(h St Metro Transit Routes: Drop Ott - En C Gate C Passenger 0 C BeLine Routes: ... J15 L Pick Up N Co Q-� z — 73rd St GD - 'Best Buy A .11. ml Metro Transit Routes: 1 0'.1 o : ! adqua ers / r . . 1 4 v .76th ZdIn- 3 Knox Avenu 781h St bprough Park & Ride 0 '%outhtimn 0 .494 77 82nd St x LW a) x 90th St a. ID PENN LAKE Metro Transit Routes: BeLine Route: �0 0 C C'D Passenger Drop Ott - En Gate C Passenger Cn ... J15 L Pick Up N < mEi '0 Cm A .11. ml Metro Transit Routes: 77 t BeLine Routes: Killebrew Dr Old Shakopee Rd. CID MVTA Routes: I. 8 d 28th Avenue Station 5 5i C-) Killebrew CD I L CL Co 10 86th St N O N > 4 W E ry oQ S ell 0 O L Miles �0 0 C C'D 841h 761h Street Minnesota Drive and Newton Ave and France Ave 1ol) Metro Transit Routes: s ' ° If u 0 r BeLine Rouee: [I J m Z' Z Edina Z5 c 761h 2. - U m Industrial a c Dewey Hill o r o - Blvd E c Edina o 13 6 Industrial v 771h a w Area 78th 3 4 :. 2 5heratt n Minnesota °° p 1 Hotel Picture Dr, ` otel 791h can Target _ - 494 • r : Sofitel American Blvd N America; n Blvd 0 12 m 4 h 9 84th 62nd St 11 E Li5w1 C c� -0 _ ra p > U Hyland —' m C. Lake rum °' E m u. 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"-1:•i1 SW Metro: ighwood Dr 84th St 0 For additional service, additional B- el-ine Route: please see Route 146 cc_: /Hwy'N Lake Benton Ave - _0 MVTA: 14 Park Reserve 0(_) W C: I)Da -I&A-mm ms-w Colonial Way 13 C'00 U- Henta e 65th _0 CC E 9 70th St WOO, < 1 to 70th St. LAKE O 0 :E .0 En C: C: Dewey Hill E -r- 74th o 0 Y 6 C: 0 - MR ■ ■ ■ li�� 62 0 Z Qa 78th St 17 76th Dr — ----------- qj 18 15 Minnesota CO CO - �1 U6T6 Minnesota Drive 0 10 16 CS- and France Ave 83rd 0 Metro Transit Routes: 19 11--!71�� Zn S. C: C)) - !!, I �.O 1 z. "-1:•i1 ighwood Dr 84th St 0 6 B- el-ine Route: Hyland cc_: Lake 0 U- E - _0 MVTA: Park Reserve 0(_) W z 0 (D LA -_a 00 m 'v rH L , DEI W, 797 ED-M END. W-UTH JI MNNE50TA Wn� STxam 0 .25 .5 1 mile F No. 09831117 Citv of Edina Transportation Plan Figure 10 March 1999 Pedestrian/ Bicycle Facilities A71 Ov W NO —S I 1 I% &kbwa% . J. E. PG* PaftM MALONEY AVE C -" 0 C,� P= Staw-Ad S =.d sinus Pposed pe* Pet" Corridors on Hennepin County System* INTERLACHENBLVCL 0 m 'v rH L , DEI W, 797 ED-M END. W-UTH JI MNNE50TA Wn� STxam 0 .25 .5 1 mile F No. 09831117 Citv of Edina Transportation Plan Figure 10 March 1999 Pedestrian/ Bicycle Facilities A71 ExWna CO=dje SWftsk I 1 I% &kbwa% . E. PG* PaftM P= Staw-Ad S =.d sinus Pposed pe* Pet" Corridors on Hennepin County System* m 'v rH L , DEI W, 797 ED-M END. W-UTH JI MNNE50TA Wn� STxam 0 .25 .5 1 mile F No. 09831117 Citv of Edina Transportation Plan Figure 10 March 1999 Pedestrian/ Bicycle Facilities A71 Draft Minute Summary of PC Meeting November 25, 2008 2008.0017.08 Rezoning, Final Development Plan, Lot Division /Final Plat and Variances Ebenezer Society /7500 York Cooperative 7500 York Avenue Planner Presentation Planner Teague informed the Commission the Ebenezer Society, on behalf of the 7500 York Cooperative are proposing to build a 76 -unit, 4 -story addition to the northwest side of the existing 337 -unit, 9 -story senior housing development at 7500 York Avenue. Of the 76 units, 47 units would be for assisted living, 16 would be of memory care and 13 elder care suites. Access to the site would be off Edinborough Way and Parklawn Avenue. Parking would be provided underground, and within a small surface lot off Parklawn Avenue. Planner Teague explained the proposal before the Planning Commission is a Preliminary Development Plan and Preliminary Rezoning, and uultimately, the proposal would require all of the following: 1. Final Rezoning from PRD -4, Planned Residential District to PSR -4, to Planned Senior Development District. 2. Final Development Plan: 3. Variances. A maximum square footage variance for 14 dwelling units. A 3 -foot setback variance from Edinborough Way. 4. Lot Division /Final Plat. The site exists as two lots today. The lot lines would, be shifted to accommodate the new building. Planner Teague continued and asked the Commission to note in order to obtain the above- mentioned approvals, the applicant must go through a two -step process. That process is as follows: 1. Preliminary Development Plan and Rezoning. Preliminary. Development Plan and Rezoning is a review by the Planning Commission and City Council, in which approval simply allows the applicant to prepare a Final Development Plan. Approval of the Preliminary Development Plan requires a three -fifths vote of the City Council, but does not guarantee approval of the Rezoning, or Final Development Plan. 2. Final Development Plan and Rezoning. The Final Development Plan process is generally the same as the Preliminary Development Plan. A three -fifths favorable vote of the City Council is again required. Planner Teague concluded staff recommends approval based on the following findings: 1. The proposed addition is consistent with the multiple family housing developments to the north, south, east and west. A-I y 2. The proposed density is compatible with densities in the area. 3. Given the City of Edina's aging population, senior housing is a need in the City. 4. The existing roadways would support the proposed project. Approval is also subject to the following Conditions: 1. The Final Development Plan must be generally consistent with approved Preliminary Development Plans dated June 30, 2008. 2. Sustainable design. Final Development Plans must include the Sustainable Initiatives as outlined in the applicant's narrative on pages A5a —A5c of the staff report. 3. Compliance with the conditions outlined in the city engineer's memo dated September 24, 2008. Appearing for Applicant Mark Thomas, Ebenezer, Russ Helgeson, 7500 York Avenue resident, Ward Isaacson, Pope Architects, and Charles Bassford, Notary Public. Commission Comments /Questions Commissioner Grabiel questioned the reasoning behind the "cap" for allowed unit square footage in the PSR zoning district.. Planner Teague responded the "cap" on square footage is to ensure affordable housing. Applicant Presentation Mr. Thomas addressed the Commission and explained the history of Ebenezer Society and their outreach into the community. Mr. Thomas said Ebenezer currently serves 3,000 seniors and the 7500 York Co -op has a waiting list of up to 10 years. The average age at 7500 York is 84 years. Russ Helgeson told the Commission as a resident of 7500 York he has had to watch many of his friends leave their home at 7500 York when the need arose to transition to an assisted living facility, adding if this request is approved that would no longer be an issue. Mr. Helgeson said in his opinion if approved this proposal would be a benefit, not only for residents of 7500 York, but to the community at large. Continuing, Mr. Helgeson said the new building and additional landscaping will actually enhance the property. Mr..Helgeson asked the Commission to also note that many people who are interested in being placed on the wait list for 7500 York also ask if an assisted living component is offered. Concluding, Mr. Helgeson noted if this request were approved 7500 York would be more competitive. Mr. Isaacson presented to the Commission a slide show highlighting features of the proposed building. He explained that Ebernezer /7500 York Co -Op is proposing to construct 76 new units with a breakdown of 47 assisted living units, 16 memory care units and 13 elder care suites. Mr. Isaacson noted 7500 York is ,�$ l 2 the first co -op in the State requesting approval to create 'a continuum of care for seniors in a cooperative housing setting. Commission Comments Commissioners referred to letters received from residents expressing concern over loosing their green space (if this project were approved) and noted if surface parking were reduced more green space could be retained. Commissioners raised the following issues: • Will the new assisted living facility be part of the 7500 Co -Op Will residents at 7500 York receive preferential treatment if the need arises for a resident to move into assisted living quarters • Who advanced this request Mr. Helgeson responded that the proposed assisted living building would function independently from the Co -Op. Mr. Helgeson said at this time details are still being worked out on the flow between buildings, land lease, legal description, etc. Mr. Bassford explained Ebenezer Society has requested an overall development plan to construct an assisted living facility at 7500 York. 7500 York residents would have to vote on the request. At this time the land use designation for 7500 York is PRD, and a rezoning of the entire site to PSR is also being requested by the Board at 7500 York. Mr. Bassford stated in discussions with city staff a PSR zoning was found to be more `compatible with the use of this site as a senior building and if approved, assisted living building. The rezoning would also bring the parking requirements into conformance with city code. Concluding, Mr. Bassford pointed out if rezoned a maximum unit square footage variance would be required. Public Comment Bruce Holman, 7240 Edinborough Way pointed out that this proposal also impacts nearby Edina residents that don't reside at 7500 York. Mr. Holman said in his opinion the proposed building is set too close to Edinborough Way. Mr. Holman said he is also concerned about his view being blocked and construction noise. Concluding, Mr. Holman asked the Commission to keep in mind that the YMCA is also interested in constructing residential units on its site, adding the increased density in the immediate area is getting to be too much. Bob Jarvis, 7500 York Avenue #117 told the Commission he is in favor of the proposal as submitted. He told the Commission the average age of residents in the 7500 building is 84 years old, adding if approved, the proposed assisted living component would keep 7500 viable, and the. next step many present 7500 residents could use. Mark Johnson, 7500 York Avenue #438, stated he moved to 7500 York a year ago and disagrees with the proposal presented this evening. Mr. Johnson said 4wz 3 many 7500 residents will not speak up, but he knows many residents are worried about the noise this will generate, loss of green space and obstructed views. Mr. Johnson said he would like to see the age of residents permitted to "buy" into 7500 York lowered. Gemma Hessian, 7500 York Avenue, told the Commission she recently fell and realized how quickly things could change, adding if the assisted living component was part of the 7500 community she could recuperate and have physical therapy without leaving her community. Miss Hessian stated she supports the proposal as presented. Rob Grauman, Fairview Southdale Hospital told the Commission he supports the project. He added it is important to be able to transition 'from one type of housing into another as easily as possible. Commissioner Grabiel moved to close the public hearing. Commissioner Brown seconded the motion. All voted aye; motion carried. Commission Comments A discussion ensued with Commissioners indicating that on the whole they support the project as presented. Commissioners acknowledged the Zoning Board will act on the variances requested.; with Commissioners indicating their support for those variances. Commission Action Commissioner Grabiel moved to recommend Preliminary Rezoning and Preliminary Development Plan approval with variances based on staff findings and subject to staff conditions. Commissioner Scherer seconded the motion. Aye's; Risser, Scherer, Staunton, Schroeder, Fischer, Brown, Grabiel, Forrest. Abstain: Lonsbury. Motion carried. Further Commission Discussion Commissioners indicated in the future they would consider further discussion, at the Commission level, on discussing amending city code unit square footage - requirements in the PSR zoning district. Commissioners also asked the proponent to reconsider adding a green roof, pointing out it may not be as difficult or as expensive as first thought. Commissioners also requested that if approved that the builder be respectful to all neighbors during the construction phase. 12/1/2008 submitted W In Dec. 16, 2008 Edina City Council Meeting Minutes 7) Complk 24, 2008. Page 4 of 11 with all conditioisted by the City Engineer in his memo dated October 8) The property oTA connect the secon the responsibility Agreement was su Member Bennett seconde Rollcall: mu enter into a Skyway Agreement with the City of Edina to walkway to the parking ramp. Cost of the connection would be h roperty owner of 3930 491/2 Street West. The Skyway .t to ap val of the Edina Housing and Redevelopment Authority. motion. - Ayes: Bennett, Hous , Masica, Swenson, Motion carried. REZONING - EBENEZER SOCIETY ON BEHALF OF 7500 YORK AVENUE COOPERATIVE - RESOLUTION NO. 2008-127 APPROVED Affidavits of Notice presented and ordered placed on file. Planning Director Presentation Mr. Teague described the location of the subject site on York Avenue and displayed a picture of the existing nine -story, 337 -unit senior cooperative building. The Ebenezer Society, on behalf of the Cooperative, had made the application to build a 76 -unit addition to the existing building. He displayed pictures depicting the underground parking garage and proposed four -story structure comprised of 47 assisted care units, 16 memory care units, and 13 elder care suites with underground parking and a small surface lot. The request before the Council was for the preliminary development plan and preliminary rezoning which was a two -step process. Mr. Teague said, if approved, application would be made for the final development plan and final rezoning from PRD-4 Planned Residential District to PSR -4 Planned Senior Development District. The property was currently zoned for an all -age facility, not strictly for senior housing. If given preliminary approval, application would also be made and reviewed by the Zoning Board of Appeals for a maximum square footage variance for 14 dwelling units and a three -foot setback variance for the building from Edinborough Way. He added presently the site existed as two lots so the lot lines would be shifted to accommodate the new building. Mr. Teague advised that the traffic study conducted by Wenck Associates indicated the existing roadway system was adequate to handle the 234 trips per day that would be generated. The Transportation Commission reviewed that study and recommended approval. He reviewed the parking calculation and advised that the proposal was well within the senior housing requirements. Mr. Teague described the landscaping plan, noting a number of trees would be removed as a result of the addition but would still exceed the City's requirement. On density, a maximum of 44 dwelling units per acre was allowed and the proposal was for 36 units per acre and consistent with densities in the area. The primary issues were whether the proposed use and rezoning were reasonable for this site. Staff felt the use was compatible with surrounding uses, densities were consistent, amenities were in this proximity, and sustainable design was being proposed. Traffic would be supported by existing roads and the assisted living units would provide an opportunity for continuum of care. He noted the addition of senior housing may provide an opportunity for seniors that live in single - family homes to move to this facility and open the home for a younger family to move to Edina. Staff and the Planning Commission agreed that PSR-4 was an appropriate zoning district and the variances were justified due to the hardship caused by the existing underground parking garage. They also felt the unit size was reasonable but did recommend the City further study the question of whether or not the existing cap on the unit size of senior housing should be retained. On November 28, 2008, the Planning Commission unanimously recommended approval of the request subject to the findings and conditions outlined in the staff report. The Planning Commission further recommended that the Council authorize them to examine and consider a zoning ordinance amendment regarding the maximum square footage requirements in the PSR zoning district. The Council discussion included: surface parking would be located on top of the existing underground garage to preserve open space and gardens located on the northeast side; 465 parking stalls were provided in the site plan; if this property was rezoned, most of the units at 7500 York would become A �,,+„•ii.x,.x,.0 r-, Pdinn mn_iit /0tvCOuncil/CitvCOuncil MeetingMinutes /20081216Reg.htm 5/20/2009 Dec. 16, 2008 Edina City Council Meeting Minutes Page 5 of 11 nonconforming due to their size; and, a direct vote of the 7500 York Cooperative owners was required to approve this project. Charles Bassford, attorney representing the 7500 York Cooperative, stated the vote of the Cooperative had not yet been held but when taken, each unit would get one vote and 51% of the 337 units was needed for approval. Mr. Bassford explained the remaining issue to be resolved related to financing for the project and whether 7500 York would have to subordinate to any of that debt of the leasehold property. Once that issue was resolved, the membership would vote. Proponent Presentation Mark Thomas, President of Ebenezer Society, reviewed their 90 -year history as a faith - based not -for- profit organization that functions as an older adult services arm of the Fairview Health System for over 3,500 seniors. This location was the first senior cooperative in the Country, deemed the most successful thus far, used as a template for other projects, and currently had a 10 -year wait for certain units. Some time ago, the Board of Directors asked Ebenezer if they would add assisted living units. The average age was now over 84 years so they decided to move forward with this design concept and a market study was commissioned. Mr. Thomas stated an Ad Hoc Committee was formed and the process was rich in feedback from the York community. The planned business model was that the assisted units and 7500 York physical plants would operate independently of each other but programming would be aligned. Ebenezer would own and manage the assisted living facility and enter into a land lease for 7500 York. Russ Halverson, 7500 York Avenue, Apartment 208, stated that he had served on the Board of Directors for six years, was President of the Board when the assist living concept was first considered, and Chaired the Ad Hoc Committee that was appointed by the Board to work closely with Ebenezer to develop the proposal being considered tonight. He stated that since its inception 34 years ago, the Cooperative had always been a leader in offering extensive services but was acutely aware that the missing piece in the program was assisted living. Mr. Halverson described the trauma experienced by residents, now more than 12 each year, who must move to assisted living, leaving their family and friends at 7500 York. The Board recognized the expertise of Ebenezer to develop such a program. Town hall meetings were held to share the concept with residents and after comprehensive presentations, more than 90% of those present favored proceeding with the project. ' At a monthly meeting, again about 90% of those present indicated they favored the Board's approval. Mr. Halverson conceded that with major building projects, some residents were asked to make'a sacrifice for the good of the whole community. They were aware that some residents would experience change; which can be upsetting. However, the nature of the Cooperative was to do what was in the best interest of the entire membership with the understanding that some members have to be asked to make adjustments which, in the end, would bring good to the entire community. Mr. Halverson indicated that every effort had been made to keep changes to a minimum and as proposed, the landscaping and building would add beauty to the campus. He advised their Marketing Director had indicated nearly every person on the waiting list had asked if assisted living would be added and if 'not, they would explore options elsewhere. Mr. Halverson stated if approved, residents of 7500 York would have continuum of care to meet their changing needs without moving to facilities outside the community. Ward Isaacson, Pope Architects, stated the major design considerations were sensitive to the comments of 7500 residents to maintain as much green space as possible. He advised of the outdoor amenities that would be maintained, no the impact of traffic would be minimized, described the views from 7500 York and the surrounding community to the building, and that the design would compliment the existing site and architecture geometry. He displayed the site plan and noted the parking was configured to maintain the green space. He described the access points from this facility and displayed a picture of the existing plaza, noting it would be landscaped, surfaced with pavers, and furnished to tie into the existing plaza of 7500 York Avenue, which was currently underutilized. Mr. Isaacson noted the one -story link into 7500 York and the building's step back design to mimic the architecture of the 7500 building. The memory care courtyard would be on the west side and provide a secure outdoor space, fire lanes were adequate, and they would maintain the walking path. He then httD: / /www.ci. edina. mn. us/ CityCouncil/ CityCouncil _MeetingMinutesl2008l2l6Reg.htm 5/20/2009 Dec. 16, 2008 Edina City Council Meeting Minutes Page 6 of 11 presented the four floor plans and described what would be contained on each floor. Mr. Isaacson presented an exterior elevation, noting the building materials of rockface block, stone, Hardi siding, and stucco were complimentary to the 7500 York structure. A "fly by" video was presented that depicted how the building would be located on the site. In response to Council, Mr. Thomas advised that 7500 York residents would receive priority placement for the assisted care units and could receive outpatient rehab at the new facility, if needed. He also indicated they had studied the option for a green roof and found it may be cost prohibitive; however, it would be explored further. Mr. Thomas advised that they usually set aside ten percent of the units for residents who need financial assistance. He explained that Medicare and Medicaid do not cover assisted living. If a 7500 York resident required live -in or skilled care during recovery from a fall, they would have to move to a skilled nursing facility to receive Medicare reimbursement or receive home care services in their own unit to be covered by Medicare Part B. Mr. Thomas further explained the circumstances under which Medicare provided payment under Schedule B regardless of whether the client was in a single - family home or assisted living. Elderly Waiver provided payment through an agreement with the County and was backed by the State and Federal governments. The Council noted the height of 45 feet was from grade on the entry side to the mansard on the fourth - story and it was 58 to 60 feet from grade to the middle of the peaked roof. In response to Council, Mr. Bassford stated the Board was comprised of nine members elected by the Cooperative for three -year terms in staggered elections. He indicated he was present at the community meetings at which a vast number of residents were present, a vote taken by raised hands, and the overwhelming number were in favor of exploring this option. The entire Cooperative of 337 units would vote by secret ballot once the outstanding issues were resolved. With regard to the cost, Mr. Thomas explained that cost of assisted living varied a lot depending on the unit and package selected and service components the resident needed. The monthly cost for basic services was $2,500 to $2,800, $4,000 for an assisted living environment and memory care units, and over $4,000 for memory care with medical needs. Jill Nokleby- Kaiser, 10326 Major Drive, Brooklyn Park, Director of Housing for Ebenezer Management Services, explained how the unit, level of service, and packaged services were determined through a collaborative effort of the nursing staff, family, and consumer based on an assessment of their needs. Mayor Hovland opened the public hearing at 9:00 p.m. Public Comment Mark Johnson, 7500 York Avenue, Unit 438, read a statement indicating many residents feel this proposal presented more disadvantages than advantages and requested the Council not approve the application. He stated those who attended the meeting and raised their hand thought they were just requesting additional information and believed the project had now been "steamrolled" along by Ebenezer. Mr. Johnson stated residents were requesting a town hall debate and open meeting to discuss this proposal because they were concerned it was being promoted by those who may be on the Ebenezer payroll. He expressed concern that the project would result in the rolling hills and Evergreen trees at the northwest corner of the campus being replaced by the new building, parking spaces, and garbage disposal area. He suggested the northeast corner would be more suitable for a building. Mr. Johnson asserted that looking at crimson sunsets would be a thing of the past and the character would change due to ambulance and police cars coming and going at all hours of the night. He indicated concern for safety and security due to new campus activity and additional vehicles leading to traffic congestion. Mr. Johnson stated he believed residents of 7500 York deserved substantial payments to lease this land; however, Ebenezer wanted free use of the land for the first several years. He believed this was not the right economy for this project and that some residents did not understand the cost to live in the assisted housing units was not covered by Medicare. Mr. Johnson also expressed concern that parking heavy vehicles on top of the parking garage may have long -term consequences. He felt 7500 York should be good neighbors to Centennial and Coventry townhomes and questioned whether A,% MeetingMinutes /20081216Reg.htm 5/20/2009 Dec. 16, 2008 Edina City Council Meeting Minutes . Page 7 of 11 they understood the true scope of this expansion. Mr. Johnson asked the Council to vote "no" on the preliminary zoning and development plan. Robert Jarvis, 7500 York Avenue, Apartment 117, stated he favored the assisted living building on the 7500 campus. He stated he was a nine year resident, member and secretary of the Cooperative, and served on the Assisted Living Ad Hoc Committee. Mr. Jarvis stated he favored the proposal for personal reasons, benefit of the greater community, and for the future of the Cooperative. He felt assisted living would be an ideal fit for many couples to provide assisted living that would be close and connected with covered walkway. Mr. Jarvis noted the median age of 7500 York residents was 84 years 10 months, and 79 residents were age 90 or older, all living independently. Secondly, this facility would fulfill a need in the surrounding communities for an aging population. Thirdly, the potential for associated assisted living was essential to the future of 7500 York as a senior housing cooperative. He closed his comments by reciting a comment made by Barbara Murphy, Marking Director of 7500 York for over 16 years, who strongly supported proceeding with assisted living to provide a continuum of care. He encouraged the Council to approve this application for assisted living and memory care. Marjorie Sullivan, 7500 York Avenue, Apartment 531, stated she had been a resident for a year and a half and while Barbara Murphy mentioned assisted living at the time she bought her unit, she was not interested in that service. Ms. Sullivan stated she enjoyed the beautiful yards and gardens and did not believe Edina had to build on every bit of green space. She felt there was not a "level playing field" for those who oppose the application and that residents should have had the ability to vote whether the Ad Hoc Committee was formed. She felt the Board of Directors was 'but of bounds" when it asked for a raised hand vote instead of a formal vote. Ms. Sullivan stated assisted living facilities already exist to the north, south, and another project would be opening soon. She suggested that Ebenezer find another property for assisted living. Gemma Hession, 7500 York Avenue, Apartment 209, stated she had been healthy and independent until several weeks ago when she fell and needed a wheelchair and walker during recovery. She stated this was a new experience for her, having to depend upon her friends at 7500 York during recovery, so it occurred to her that having an assisted living facility on the property would have been perfect because the short stay beds and physical therapy would have been sufficient for her case. Also, her friends could have visited often without special transportation. She stated that as residents of 7500 York age, they may need additional care and it would be pleasant for couples should one need additional care. Gil Langseth, 7500 York Avenue, stated he was trained as a hospital architect and had worked 22 years as a hospital and health care consultant until retirement. He had been a member of the Ad Hoc Committee for two years and found Ebenezer had 9enuinely solicited opinions of residents, attended many of their meetings, been interested in feedback, and participated in feedback from the total membership. During one "marathon session" last July, Mr. Thomas presented all aspects of the project and again at nine consecutive meetings to stimulate questions, answers, and items of concern from residents. These meetings were well attended. Mr. Langseth stated when Ebenezer helped develop the original project over 30 years ago, the 7500 building was located in the middle of a super block. This created substantial green space, drives, and parking areas on all four sides of the building, allowing residents to live in a "park." Then, 15 years ago, the 28,000 square foot underground garage was constructed, resulting in loss of green space that was replaced by a gravel roof. Originally, the concept was to build the entire assisted unit building on top of the present underground garage to preserve green space but the building would have been only 60 feet from the East tower and considered an intrusion to those residents. Pope Architects very wisely located the building so it would more naturally flow with the geometry of the existing building. Mr. Langseth assured the Council that the location of the proposed building and exterior design were extremely compatible with 7500 York in terms of geometry, form, vertical accents, bay window treatments, and color. He believed that Ebenezer and Pope Architects listened to them and the proposed addition would be something 7500 York could be extremely proud of and a benefit to the community. httD: / /www.ci. edina. mn. us/ CityCouncil/ CityCouncil _MeetingMinutesl2008l2l6Reg.htin 5/20/2009 Dec. 16, 2008 Edina City Council Meeting Minutes Page 8 of 11 Dr. Esther Ruth Emdars, Chairman of the Finance Committee, stated she was interested in having more services on the campus that would help to compete with new buildings. She stated she served ss on the Assisted Living Ad Hoc Committee and watched them work with the architect to create completely new forms and buildings to address what they wanted. Dr. Emdars, advised that 7500 York residents ask whether the assisted living building would be started in the Spring before they die, and they were serious because they know that type of unit was needed. She stated she hoped the Council would vote to approve the application. Robb Gruman, Vice President of Facilities and Guest Services for the Fairview Southdale Hospital, stated he was appearing on behalf of the senior management team of Fairview Southdale Hospital and Fairview Health Systems. He congratulated Ebenezer, Pope Architects, and 7500 York residents for putting together a project mindful of what seniors need. Mr. Gruman believed the plans, fine complement of services, and architecture were suitable in Edina, and assisted living would provide a continuum of care for 7500 York residents and the community. He urged the Council to support the project and see the wisdom of it as well. Member Masica made a motion, seconded by Member Swenson to close the public hearing. Ayes: Bennett, Housh, Masica, Swenson, Hovland Motion carried. Member Housh introduced Resolution No. 2008 -127, Approving a Preliminary Development Plan and Preliminary Rezoning for 7500 York Avenue Cooperative with the following findings: 1) The proposed addition was consistent with the multiple family housing developments to the north, south, east and west. 2) The proposed density was compatible with densities in the area. 3) Given the City of Edina's aging population, senior housing was a need in the City. 4) The existing roadways would support the proposed project. Approval was subject to the following conditions: 1) The Final Development Plan must be generally consistent with approved Preliminary Development Plans dated June 30, 2008. 2) Sustainable design. Final Development Plans must include the Sustainable Initiatives as outlined in the applicant's narrative on pages A5a -A5c of the staff report. 3) Compliance with the conditions outlined in the City Engineer's memo dated September 24, 2008. Member Masica seconded the motion. The Council discussion included: concern that consideration was premature because the decision was that of the Cooperative based on its bylaws, democratic structure, and process that had not yet been followed; question remained about the number of units represented in the hand vote; support for Ebenezer's work in the community; providing aging in place tip was a priority for residents who testified during the Comprehensive Plan process; agreement that the 11.5 acre site could accommodate this structure; the proposed landscaping was attractive in creating rooftop gardens for 9th floor residents to view and generous in providing three times the number of trees required; there was good utilization of sustainable design and initiatives; and, the step down design and elevation created an interesting facade. In addition, the application was recommended for approval by the Planning Commission, the resident's average age was 84, the project would result in no traffic impact, and was within the density requirements. Attorney Knutson stated he had reviewed the resolution of the Board, but had not examined the Cooperative's bylaws. He noted this was a preliminary request, the first step in the process, and the final rezoning request cannot proceed until the Cooperative members actually vote. - The Council noted there was currently a nonconforming use with the parking spaces and if rezoned, the parking would conform but the size of many units would not conform. The Council discussed potential consequences should the property.be rezoned, but the Cooperative . owners, not 't. support the project. It was acknowledged that the Council had received a secretary's certification on the action by the nine- H% httn:// www. ci. edina. mn. us/ CityCouncillCityCouncil _MeetingMinutesl2008l2l6Reg.htm 5/20/2009 Dec. 16, 2008 Edina City Council, Meeting Minutes Page 9 of 11 member Board of Directors elected by the Cooperative who determined to seek a site plan review for up to 76 senior assisted care units. The Board was asking the Council to take action on that application. A majority of the Council indicated a level of comfort in taking action on the preliminary application with the understanding the proposal would not be considered for final action without the Cooperative's vote results. Attorney Knutson reiterated that before the final rezoning was considered, there would need to be an affirmative vote of a majority of the Cooperative owners and Ebenezer would have to negotiate contracts, agreements, and a lease arrangement with the Cooperative. Member Bennett stated if the property belonged to Ebenezer she would support it enthusiastically. However, the property belonged to the owners of the Cooperative who were divided about the proposal. She stated she believed Council action at this point was premature. Rollcall: Ayes: Housh, Masica, Swenson, Hovland Nays: Bennett Motion carried. No one apoeareft comment. P%VV 1RV Vr VIV — Nrollcall v v•�wvn�v • — — — -- Member Swenson ded by Member Masica awarding the bid for 2009 Improvement STS ract ENG 09 -1, to -the recommended low bi Excavating and Tr at $25,250. / Motion carried on — five ayes. explained that in order t o comply -Vitt Resolution and approved by four c Swenson introduced Resolution seconded the motion. Rollcall: Ayes: Bennett, Housh, Masica, Swen Motion carried. MotlVT made by P2pfd Dredging, er, Fitzgerald IVED ACCEPTING VARIOUS DONATIONS Mayor Hovland State Statutes, all donation/sDonations. City must be adopted by rable votes of the Council g the donations. Member 2008 -129 Accepting Vari Member Bennett Hovland seconded by Member Masica accepting th Motion carried on rollcall vote — five ayes. seconded by Member Swenson, to re Ayes: Bennett, Housh, Masica, Swen Motion carried. / Motion made by Member Swenson and dy Report of December 3, 2008. /ing discussion, Member Masica made a motion, ner and Borhart LLP as City Prosecutor. OF 6504 -6508 STODDARD CLE City Engineer /Pu c Works Director Houle explained it was necessary to cross 6508 St and Circle to access 6504 St dard Circle so Council action was needed to amend the easement $ation Bement. He indicated that suffi 'ent access was provided for emergency vehicles and p/mot! was not required for the relo tion of a private easement. Member Masica made to adopt Resolution No. 2008 -130 A endment to Easement Agreement, Lawrence C. aia B: Holz. Member Bennett seconded t e motion. Ayes: Benne Masica, Swenson, Hovland Motion card *CONFIRWATION OF CLAIMS PAID Motion made by Member Swenson and seconded by Member asica approving payment of the following claims - as - shown. in detail, on the Check Register dated December 4, 2008, and consisting of 21, pages; General Fund $386,328.35; httn: / /www.ci. edina. mn. us/ CityCouncil/ CityCouncil _MeetingMinutesl2008l2l6Reg.htm 5/20/2009 Jackie Hoogenakker From: M P KELLEHER [MPKNC @MSN.COM] :nt: Saturday, May 16, 2009 9:43 PM To: Jackie Hoogenakker Subject: Case 2008.0017.09.a Hi, I lived at 7420 Edinborough Way and my balcony faces East toward the proposed construction. I am not excited to think of looking into the of face this new building. Right now there are some very nice trees and hills of grass on either side and to the front of the garage entrance. Is it not possible to retain some of that park like feelling. Couldn't the building go further East toward York ?The drawing looks like there will be only a small set back. Since I am on the third floor the value of my condo is sure to be reduced for future sale but I doubt that anyone is going to reduce my taxes for the loss in value. Just wanted to throw in my two cents even though I realize it is probably a lost cause. Thanks. Mary Kelleher 5/18/2009 Jackie Hoogenakker From: LOIS RING [Ilydesigns @msn.com] Sent: Monday, May 18, 2009 11:35 AM To: Jackie Hoogenakker Subject: Ebenezer Society Plan I live across the street at 7440 Edinborough Way and I strongly oppose the planned building with entrance /exit on Edinborough which is the address of Centennial Lakes Village Homes - all residential. There will be added traffic with delivery trucks, other vehicles which will add congestion to this relatively quiet street. This entrance should be on Parklawn or York/Xerxes. What can be done to change the plans? Lois Ring 7440 Edinborugh Way Edina MN -55435 5/18/2009 Jackie Hoogenakker From: David Christenson [ddcmac @hotmail.comj :nt: Sunday, May 17, 2009 2:15 PM To: Jackie Hoogenakker Subject: 7500 York Ave. Ebenezer addition City of Edina Planning Department, As a long time resident of Edina and now a resident of 7500 York, I am pleased to register my support for the construction of a senior building at the NW corner of our property. Although there are other comparable housing units in the area, I feel that senior housing with the management style of Ebenezer will be a highly desirable. I cannot imagine a better use for that empty site nor can I imagine a more economical housing arrangement for the growing elder population. I urge support for the proposed senior building. Sincerely, David D. Christenson 7500 York Ave So. Apt. 229 Tel. 952.926.8984 5/18/2009 Jackie Hoogenakker From: BDMOLTZ @aol.com Sent: Saturday, May 16, 2009 3:04 PM To: Jackie Hoogenakker Subject: 2008 - 017 -09a Ebenezer Society /7500 York Co -Op This is in regard to the Public Hearing Notice I received from the Edina Planning Commission for Wednesday, May 27, 2009. I live at Centennial Lakes in the building at 7420 Edinborough Way, which is directly across from the site of the proposed development. It appears that my condo is directly across from an area that will become staff parking stalls and a delivery/loading dock area. Wonderful! I am. on the third floor and I have what is currently a lovely view of a grassy hill and numerous evergreen trees from my deck and patio door in my living room. It appears that all that will go away if this development plan is approved. Because of this, I am totally against this proposal. What is the point of a city zoning properties for certain uses if certain properties can be rezoned at the drop of a hat for certain property owners /developers? This is so similar to what the City Of Edina tried to pull with replacing Centennial Lakes Theatre with a high rise condominium. Please do not approve the rezoning of this property! Sincerely, r Brian D. Moltz Village Homes at Centennial Lakes Condominiums 7420 Edinborough Way #6318 Edina, MN 55435 An Excellent Credit Score is 750. See Yours in Just 2 Easv Ste.os! 5/18/2009 o e Cn 0 \N.ie�ee 1j CASE FILE: 2008.0017.09a Public Hearing Notice EDINA PLANNING COMMISSION Wednesday, May 27, 2009 7:00 PM Location: City Hall Council Chambers 4801 West 50th Street TO: Property Owners Within 1000 Feet APPLICANT: Ebenezer Society on behalf of the 7500 York Cooperative PROPERTY ADDRESS: 7500 York Avenue, Edina, MN LEGAL DESCRIPTION: Lot 1, Block 1, Ebenezer Society 1St Addn REQUEST: Final Rezoning, and Final Development Plan Approval with variances PROPJECT DESCRIPTION: Construct a 4 -story 76 -unit senior building to the northwest side of the existing 337 -unit, 9 -story senior housing development HOW TO PARTICIPATE: 1. Submit a letter to the address below expressing your views, and or 2. Fax your views to the attention of the Planning Dept. @ 9521826 -0389 3. E -mail your views to jhoogenakker @ci.edina.mn.us 4. Attend the hearing and give testimony for or against the proposal. FURTHER INFORMATION: City of Edina Planning Department 4801 West 50th Street Edina, MN 55424 (952) 826 -0369 Ly DATE OF NOTICE: May 15, 2009 �— ,' F 7500 York Assisted Living bHLL 1 INULA • = ISSUED SHEET Q = SHEET ISSUED FOR REFERENCE ONLY 0Ca�a 2 > Z10 j 4�z Dom o k a w: ie • 2 0 W5 - a White Bear Lake, MN 55110 (952) 238 -0831 (651) 426 -9549 (952) 238-0833 FAX (651) 426 -5048 FAX xm a 1 Dz rA 0 0 0 z 141 z 0 , TS] 0 1 _ ARCHITECTURAL - GENERAL (4SHEETS)° ua AO.1 TITLE SHEET • • • • 0 2 x .] 31$1 tan GS aew Mbor by Al 4w o a a e,A z x .111 .111 na o a o a a 1.1 A02 PARTITION TYPE S,SYMBOLS,ABBREVIATIONS Q3 t Tea • • F, eTe 0 0 0 tm o o a e7e ,. A0.3 CODE PLANS, CODE DATA AOA CODE PLANS CIVIL (10SHEErs) PRELIMINARY PUT • • • FINAL PLAT • • • C0.0 TOPOGRAPHIC SURVEY • • • • C1.0 DEMOLITION PLAN • • • • C2 0 GRACING, DRAINAGE AND EROSION CONTROL PLAN • • • • C2.1 PARKLAWN& EDINBOROUGHWAY PUBLIC WALK • • • • C3.0 UTILITY PLAN • • • • C4.0 PAVING AND GEOMETRIC PLAN • • • • C5.0 CML DETAILS • • • • C6.0 STORMWATER POLLUTION PREVENTION PLAN AAA • LANDSCAPE (5SHEETS) L1 OVERALL SITE PLAN - -- • • • • - L2 AREA'A' LANDSCAPE PLAN • • • • L3 AREA'B'LANDSCAPE PLAN • L4 MEMORY COURTYARD LANDSCAPE ENLARGEMENT PLAN • L5 LANDSCAPE NOTES & DETAILS • ARCHITECTURAL (- SHEETS) AIA OVERALL & DEMOLIrION SITE PLAN ­­_ _ • • • • - - - Al2 ENLARGED SITE PLAN • • • A22 GARAGE FLOOR PLAN • • • A23 FIRST FLOOR PLAN • • • • A2A SECOND FLOOR PLAN • • • • A2.5 THIRD FLOOR PLAN • • • • ___ A2.6 FOURTH FLOOR PLAN • • • • _ A2.7 ENLARGED UNIT PLANS -- - • • A2.8 ENLARGED UNIT PLANS • • A2.9 ENLARGED PLANS • A2.10 ENLARGED PLANS • A2.11 ENLARGED PLANS • A2.12 ENLARGED PLANS A2.13 ENLARGED PLAN9 A2.14 ENLARGEDPUWS A2.15 ENLARGED PLANS A A EXTERIOR ELEVATIONS • • • • A32 EXTERIOR ELEVATIONS • • • A4.1 ROOF PLAN 100 A5.1 BUILDING SECTIONS • • A52 WALL SECTIONS - Asa WALL SECTIONS -_ -- - • • • • _ _- _ ASA WALL SECTIONS • • A5.5 ELEVATOR SECTIONS • • A5.6 STAIR'N &'D SECTIONS & PLANS • • ASY STAIR 'B' SECTIONS, PLANS & DETAILS • • A6.1 DETAILS • • A62 DETAILS • • A6.3 TYP. DOOR AND WINDOW DETAILS A7.1 OPENING SCHEDULES --- - - - - -- • • • • ASA TYPICAL MOUNTING HEIGHTS • • A92 FIRST FLOOR RCP • A93 SECOND FLOOR RGP • ASA THIRD FLOOR RCP • A9S FOURTH FLOOR RCP • A10.1 ROOM FINISH SCHEDULE • • STRUCTURAL (8SHEETS) SI GENERAL NOTES • • S2 FOUNDATION PLAN • • S3 MAIN LEVEL FRAMING PLAN • • S4 SECOND LEVEL FRAMING PLAN • • SS THIRD LEVEL FRAMING PLAN • • SB FOURTH FLOOR FRAMING PLAN • • 57 ROOF FRAMING PLAN • • S8 SECTIONS • • L 7500 York Avenue Edina, Minnesota PROJECT DIRECTORY OWNER Ebenezer 2722 Park Ave. S. Minneapolis, MN 55407 (612) 874 -3460 GENERAL CONTRACTOR FRANA COMPANIES 633 Second Avenue South Hopkins, MN 55343 (952) 935 -8600 (952) 935-8644 FAX FOOD SERVICE Premier Restaurant Equipment 7120 Northland Terrace Minneapolis, MN 55428 (763) 544 -8800 (763) 544 -7949 FAX ARCHITECT Pope Associates Inc. 1255 Energy Park Dr., Saint Paul, MN 55108 (651) 642 -9200 (651) 642 -1101 FAX CIVIL ENGINEER BKBM Engineers, Inc. 5930 Brooklyn Blvd. Minneapolis, MN 55429 (763) 843 -0420 (763) 843-0421 FAX STRUCTURAL ENGINEER Clark Engineering Corp 621 N. Lilac Dr. Golden Valley, MN 55422 (763) 545 -9196 (763) 541 -0056 LANDSCAPE ARCHITECT MECH. /ELEC. ENGINEER Brauer & Associates Cain Ouse Associates, Inc. 10417 Excelsior Blvd Suite 1 1310 E. Hwy. 96, Suite 116 Hopkins, MN 55343 White Bear Lake, MN 55110 (952) 238 -0831 (651) 426 -9549 (952) 238-0833 FAX (651) 426 -5048 FAX UNIT DATA GNTTY GG I.Nor Mem >b eoer a 6,a 0 6 0 10 e�a0 BZ] 0 e� mo o 2 0 1 z- ,m w 6N e® o 1 xa x t.L3e 641 o t o2 o x 1.,00 xm a 1 Dz rA 0 0 0 z 141 z 0 , TS] 0 1 E1 RO 0 Fxe 0 1,140 o ] ese o 0 070 0 J+ 0 x 1.31 1 1 Jt 1190 0 G1LESL11Ee 0 2 x .] 31$1 tan GS aew Mbor by Al 4w o a a e,A z x .111 .111 na o a o a a 1.1 az ® o o 01 ]m o 4 a Q3 t Tea ox ]sT o o a , rn F, eTe 0 0 0 tm o o a e7e ,. NENBG WLE ^NT TYIF GGF 1al Aver e a 1 1 mm�n 4m a.en TIT IS 11 28 14 16 LS,ow BUILDING AREAS aWME faOTIWE+FIWCIIdV BGiDING AREAS lws I,IIm new e,sefiq 10.590 xD.O]e M1Aa Lln TT m _0 LOCATION MAP 1 .3 Fw „e1A lj fE - (i F'E-f - A�- "y>r,, IF i }mot k I {- ' La 1 _+ r eam.�� #��- jl,t.�:. �t �i� ,.:¢'saelmb�xa]n�•,aJO r�.n/ POPE ASSo13ATE5 INc Dsa ENum PAR[ DRNE ST. PAUL. MN nv w P4Oave4a,smo 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 TITLE SHEET I-Wea A.: FNAL DEVELOPMENT APPLICATION 424/08 Timis 6. 21252 -07142 &.11 BCS omki MW.m slur A0.1 SEVENTY FIVE HUNDRED YORK CAMPUS 1C.R. HOC, NO. KNOW ALL MEN BY THESE PRESENTS: That Sewnty Flw Hundred York Cooperative, a Minnesota cooperatlw, fee owner and Wells Fargo Bonk, National Association, mortgagee of the following described property SURVEY DIMSION, Hannepin County, Minnesota 474.`,+. _ ', 8g situate In the County of Hennepin, State of Minnesota. to -alt: ' 151.27 E . I el A 1 I; r ^7 A A H\ A I �[1�� VLl\ - Outlot C. SOUTH EDINA DEVELOPMENT ADDITION. Hennepin County, Mlnhaota. - - ROAD EASEMENT PER DOC. Nil. 5576929 r'f\r'NI �,1 A,. [- Ar\r'�ITI/\hl - I LVLIV , L- L VVI I IVI V er /",L.1 \Lr\ 1-'11VV !'1 I A rinlTlnA I 60 30 O 60 120 160 cov, 301.13 _ -- - - - - -_ = -L =56.28 L R =52.00 William. P. Brown, Hennepin County Surveyor By- f'-1VVl'I IVl4 J ' - - -- I Lot 1, Block 1, EBENEZER SOCIETY 1ST ADDITION, Hennepin County, Minnesota. ..� ^� — — — — — — — --- — — — — — — — — — — — — — — Infr -�T -7h T1 1 Has ..used the same to be surveyed and platted as SEVENTY FIVE HUNDRED YORK CAMPUS - $ -- Q �) A I A IA 1N I, -N II I- A \ IF f COUNTY RECORDER, Hennepin Country, Minnesota _ EVIDENCED BY 1/2- 2- BOND +ENT m L -r\VVI V- /°-IV L_I VIJL_ 1 hereby certify that the r[thin plat of SEVENTY FlVE HUNDRED YORK CAMPUS was recorded In this office this day of - 20— of In witness whereof said Seventy Flare Hundred .York Cooperative. a Mil nesoto cooperatlw, has =used these.pree-is to be signed oy lt. proper officer this day of 20_— r — — — — — — — — — _ N 59'56'30- E 567.32 - - --- — — — - - Signed:- Its: � - 360.94 206.38 Mlchaa H. Cunnlfl, County Raearder BY - Deputy - ' THE NORM LINE OF LOT 1, BLOC( 1, EBENEZER . 1 I'LL A Yvr V r1 \DL nk Ir;^ /\C FIVIVII_ VI I N 120 STATE OF I Il _ O I COUNTY OF - �1 I I I 60 O Tha for sing Inelrumanl was acknowledged before me this day of 20— by the of Sawnty Flw Hundred York.Cocpereliw, a Mlnneaoto C;� I NORTH LINE ' c=Paatiw, on behalf of sold <oepvalWe. - - - I _ / \ , \ • -lAT 1. BLOCK 1, EBENEZER SOCETY -1St ADDITION — . - notary name / �c m / signalers printed Notary Public. County. - - - - - /\' \ C cc .. , Commis.lon E.pirve -- I IMy /<�. C`� <\ C� L7 I I In witness an .... f sold Walla Fargo Bank. National Assoclatlon, has caused these presents to be signed by Its proper officer this day of 20— 2 \ ` 7 N <\ '- tp Signed: STATE OF A lV onlNj1 COUNTY OF O N I s 2 (�� The foregoingg [,atrument was acknowledged before me this day of 20_ by the of Wall. Fargo Bank, National Association, on behalf of the asaociatlon. , N N I _ - - U) I v •�._ N 89'56'10" W 3 - �C elgnature notary printed name L1J _ -_ �ln '! _ - °- 28.03 Notary Public, County. �C too � p L � I L J - My Cornmlaslm E.plrea - J I - - CIA ; LI- - I 1 hereby c.rUfy that this plot of SEVENTY FIVE HUNDRED YORK CAMPUS 1.a correct representation of the boundary survey, that all mathematical data-and labels are . meclly designated on the plot; that all - `_ C I -- -- 259.85 N 89'56'29" W \ -- mente depleted on the plat haw been will bee correctly set within one year as indicated on the plat; that all water boundaries and at land, as of the date If the T Urveyvrs certification a shown and or under direct su p oNslon and that I a a duly licensed land su under labeled an the plot; that all public way. Cr. shown and labeled on the plat. I further certify that this plat was prepared by me' o �a the laws of the State of Minnesota. �Ij \ / 3 - �-. - w I Thomas E. Hodorfl Licensed Lana surveyor - 11 N I fey - J 1 Minn eeoto License No. 23677 e STATE OF - I120 F_ COUNTY OF - . C) (;) z \(/ \ LU I Tha f Survn Carlifi =le was acknowledged before me this do f 20— b Thomas E. Hod-H. a Licensed Land Serve foregoing yara g Y c Y Yar� I �_ - ' notary printed name V� Notary Public, 'County, - J My Commission E.pirea / EDINA: MINNESOTA This pip t f. SEVENTY FIVE HUNDRED YORK CAMPUS was approved nd —pt cl b the City Council of Edon.. Minnesota at a regular meeting thereof held -this day of 20— If the Commis,loner TyrarlaPOrtallon the County Highwoy Engineer how been by the City the 30 day has el.Peed without � � B- v - .- - appll bl0. th writ[ sots and ommandaUOns o! of and received cr prescribed period t by MI —sumo Statutes. Section 50503. SubdIW.ion'2. � N - R�q'� > I ratio such ent ,and .coon endatlons, as proscribed CITY COUNCIL OF THE CITY OF EDINA. MINNESOTA- 60 N - . 1 Zvi By Mayor BY Manager TAXPAYER SERVICES DEPARTMENT, Hennepin County. Minnesota - I hereby certify that la.ao payable in and far all prior years haste been paid for land described on this plot. Dated this II —' day .1 20— Gil Ci o A Jill A]—.. H.nnePln County Auditor By- Deputy s' , o ,30 I � Pg SOCIETY 1ST ADDITION. IS ASSUMED TG HAVE A BERING OF N 6976'30' E LJLANW 0UrlVCTUM0 Z' J J z r � � o Cc i r g� S 86V9'26' SURVEY DIMSION, Hannepin County, Minnesota 474.`,+. _ ', 8g N 09'55'42 - E 2g0,g0 ' 151.27 E . I say 20_ - -16.50 ROAD EASEMENT PER DOC. Nil. 5576929 , e =sz•ao'3e" Pursuant to MINN. STAT. Sec. 3838.565 (1969), this plat has been approved this _ of 60 30 O 60 120 160 , 301.13 _ -- - - - - -_ = -L =56.28 L R =52.00 William. P. Brown, Hennepin County Surveyor By- ' - - -- S 89. 55'42" W 522.59 - - - -- 6CALE- INFEET Infr -�T -7h T1 1 TD C7 _r $ Q COUNTY RECORDER, Hennepin Country, Minnesota _ EVIDENCED BY 1/2- 2- BOND +ENT 1 hereby certify that the r[thin plat of SEVENTY FlVE HUNDRED YORK CAMPUS was recorded In this office this day of - 20— of IRON PIPE MARKED R.LS. 23177 o'clo.k —M. r — — — — — — — — — — — — — — — — - - 0 DENOTES POUND IRON MONUMENT - —_ — — — — — — Mlchaa H. Cunnlfl, County Raearder BY - Deputy - ' THE NORM LINE OF LOT 1, BLOC( 1, EBENEZER I 1 I'LL A Yvr V r1 \DL nk Ir;^ /\C FIVIVII_ VI r' rllh I A - LVII ern LJ111111 LA A E% S V n 1 A 1..1 \I n A \I SOCIETY 1ST ADDITION. IS ASSUMED TG HAVE A BERING OF N 6976'30' E LJLANW 0UrlVCTUM0 Z' J J z r � � o Cc i r N GENERAL NOTES 1.Th0 aembp eystan usd M Dosed on the pat of swN Eatrlo Dawikpmont A mtksl.. 2. The location of the underground utilities shawl hereon, if anal are approdn ate only. PURSUANT TO MIA 216D CONTACT OWNER STATE ONE CALL AT (612) 431 -0002 PRIOR TO ANY EXCAVATION. 1 1 Flood I ow"'Ic property is .Map Identified es 7053 h Zone X. the Areas' on Flood 9. 200 Rate Yep No., 2705300437E eaeMe dots Septanbr B. 2004. o Mg „r sently M PRD-4 (Planned Resident dielNct - 4) per City 3 Sstbodq requi enants per city of Edia . Front - 35 feet Rem - 33 feet RAANSFORMER Side - 35 Test /EI 6. Site veo - 509.683 square feet - 11.70 ores. ® 7. Number of ob parking stalls and garage stale. 140 etrped stale 235 garegs ata: fr a told of 375 sldh of HAND HOLE ekkdl there v 3 dedleoled m 6anmrp. 6 This .-y .es made on the 9rauml 9. No current tNts earn ece furaldled for the preparation of this SCALE. 1 INCH= 40 FEET surwm legal desrlptkm recorded r umacrded easements and _ bronco as e,.bjeol to rsWkn upon receipt of current UU. -.�. erL - j 10. Elevation dab- Is based an City of Edho data. IT i ILS1119 lh nark M located Tap of Not (AS SHOWN ON SURVEY) 8-tion - 67611111 i eanclarork la located M York Ave ek 76th SL Bowdon - Bill 11. E b-. en- and b w.r of -b)at e,Vey arse may -ex REWS IONS i sears knprovemants to be - Visible at one ai -y. Date: I 5/27/09 re. let nnee HAN � 4/22/08 rer, lot nnee I b -.��_ s � - •-r � - �- - vim` -`b�- ff 1I a - - -- $!<�� b °•>•� --� yL - -ark / -1 - - 0= 62'DO'39,•�- ll�yr,,^ 1� 06/ 0 I 21 PA KI 5 A -T -yg - � - -r I bg101�0\U 4 0 T - 10 20 II �O I "'IIIFFFIIr DRAINAGE k Ullll RIM - 867.1) 0 B I 6 6 I ELE 0% [ ENT P,ER PLAT INV. I.1 Ib0^ �x, U �\ 060 6 PA KIN AL P I� _7( 'l U 'S. 98 0 ARDENS REA 6B 1' 6 '\° �� 0 0'O ' • I I i 0 2VCP• / i ° .)C I %' 6A /' 1 00'''9 60�e,- 0 1 1 Dry , 6 _1X V '\ , 8' I h9. 0, 0. n 00 \s �I -1 / 19 sJ I 20 PA KIN 5 A U1, I 69x9 ep ` 9$ I 0 6a - b 0 Ba e ♦ ° 5 NG 5T LS °\ __ 1/ 0 t)3 / ` '11 hX 06 - _ 998 r' -' ( h X0 ; 'lj I 1 PA NI AL 5 ELEC. TRANSFORMER I -I lb I `Q jV 11 b b b I m� 1� 99�y ° X 66 0 0 60 / �0 s y� sS 6 TA s HANOI HpF L J Ir I'I ^r j /C` SAN_M.H. `�' jl •LiJ I 0� 0 RTM 6]a.Ib 'O y. h- \ / INV -85].4 U / . BITUMINOUS WALKWAY \ 0 L/ IL s9° '� � 1 n g 3 L_ 1 I I I N 0^ I 0b 0b° 0b. 0b0. 6.� 0 ME AR IN ST 5 OD RE INI G ALL r IAN N II 9� �' Q 0� �, } 0 I I BX' ^� 1 1 VENT _ B L J^ W I c q PoM B610B 6 < � 6'X� EINV 8546 � hX /13 z�+6 x � / 66 60 _________ ___. _. __ _216,9' ______ _____ y 5INV.6851.7 l CB 1 ati A'y -�`p RIMaJ.81�`�000 FX 1\ I $10'00 %19" E 166.996 7 `? u SW INV 862.0 )c E INV I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Thomas E.Ho o ff. L. Minnesota Rag. No- 27677 O Date: X18. 2008 - L- S Li FID.ri�t \LEY II I ��s o °° n •Ij I �" SP yI lI o� ` P P I \ 1 \ r1 C 1 ;�Y ` 1 . l ,� ,c ,°/I l � �re iIL�q0 e 'r k S �' �� a\ � / �s w� _-__ - d° P� � . � M ll1 X / /6i , - T� Y - - - - - 3 B- ; r 8>� 9-- 9` L- �9E B - - - E - L- _B - - - - � -,,,� _ [_= - - - >ma- m � N - 9 - -\- �1- VI / /' , WOOD RETAINING WALL • PRELIMINARY PLAT O F - 874 LEGEND EBENEZER SOCIETY 8 SO 0 Y Properly Monument 2ND ADDITION to ® -_ � 2 Concrete sa E%HA,yiT Tn !$ D Qh'40 uro �\m 5. \m.QZ --- • --.T>- Fence �aPUN I I m I� - I II Concrete Curb FOP: 06' 9.96 E \ ;`Cx C. WALL -� In �' \ f}1-'I OVerhead Electric O i�T�= 11135' b !y \ 0416. '4 A6AI h 00° \�l $Og�IEI`` I(r)g I I II -- 9 I a • ,,,,,,ttTii�' �' 0'°x'0 -� 0 /, b _ \ I ^lam 0° Z / - - -'- O-rh round Electric \yy.\ 0 �'\ J. !� NDERGROUND- GARAGE /.- aI •1 II i Overtleatl Tdephane ai .06 �,- ,, -C9 \ � I :: / y -- Go I `IJ II - - - -r_ Underground Telephone T,■ on, ;n ,.. / 6 I 8u6z�\ c)K PAl10a 1 \ \IM B6A 59 Fi D FLOUR : --- - - - - -- _ ... EBENEZER pd'� w ey . I - \ 1a wv efiz.i'� x z hE � / \ I I L I - I� 00 yX y °/ \� \ b6 /y EV B6 &3z; \ \.260 I I W) Water overhead Telephone k Elector a r " �Aj 'PUNTERS L WOOD RETAINING WALL - „ I ° Sanitary Seneer bi I - - -°-- 1:7 \ 1 11 6 I \$� �I >P1 eat n� ITT nT - \ b '\T :_ L O I I - -- Storm Sewer - N 1 0 `\ \�- `I` 0 VUIL.V !'.. $ai l \ O l I -- UQr • h 1 m4 b \ \ ( 1� 0 . F 1'S -_D ROOF. 15T L VEL - \ }I - % ! _ 4 ^. I I c II - m Ele�Uic Manhole Line �1\ �, 1 `�mb �I ` F.n9SNE0 Fa00R y'�FZ EVg6B Jl 'WALL -1\ T .\ _ \' \ �..� VENT �.: I i I Qectric Manhoe Box -7 r') -ELEV' 856.02 i `\ ` aj I !d���V4.) \ \' 166 g C9 - • -` I . -I ISHEDh� ?vEt \\\ / I I I II 5 �.11y� ' at,, g ? C3 \� -Al \ \ $ I - I 4y Hydrant a t de SITE: a -f .%e \ I bee) I I 1 %q''�II le g \ \` .( Z - E'EN w. INV =ass ? y Q: ie./ e \ I m /x `°'- '\ �\ O \ '9 ` -\ .. �.1� \e ,\ \ " \ \ \ \\ ® Unknown Manhole k� v eu cube Anchor r ``\ II ® ceictln sin 7500 YORKASS /STIED L/V/NG J 1 I 1 I !_�C � .. \ `. v - .741 /aI 6 I / I ` E •.. 7 ) � \� \ 6 I ® Calchbd in . Deciduous Tree ( Dia in Inches) _P\fJ ! i - - - -- -__- -- - ko Coniferous Tree (Die in Inches) EDINA, MINNESOTA -Woo YTErARRC y�/'b� 47EC. 11tAN5FdiNER .- -_ I I I {. Light Pole I1Pp1 n� \Q 1 \�I\ BS],6BGr 0 F"' 1'i / / ^/% i V., <• fix 4 _ �J I II ® Gas Meter o \ 1 \ \ \v I 0 1� 6ti Off. -' 06 4� 1. _ " N 0 b BITUMINOUS WAIXWAY B" D.P e 6`,),I Q \ 11 `• 1 ^\ I' \\ ; \ °1. +.tX.ii /- /� 001 0 Yb -a I •�•I - 4I Telephone Boxhole HENNEPIN COUNTY one s_II otL'P m44 6 yr. -�- --� ,/ bE eb`O arc' ' I I R I I I II ® Sanitary Manhole I NI.11 1 It 1 11 S� IaP � ce G / i!( / 1X/ 9T3�#I�I qg 4 4 Q I b 4 I l I I I _ - -_ anhole i yPl I I h'S� P,6 i< \TI✓ h' a - d - _ o I -906- - - - _ Exist g Cantour 5- RIU= 058:74 \.)x `.p � yp 6 i \I \s d li' I °kC _ I I I % 851.27G Existing Spot 1ev Lion Gutter r i % 934.7 Existing Spot Qevation r _ \ 0 171NV. -852.8 \ \_V, fN85]_ 1 I I .✓\ �. I 1 0? \ `I n 1 ° \� \\ - A XI�I 11 II \IDS I 1 I I m _ -0 \.// `• II v I�I \l I.s /1 0 X I r2" PkL yIfI�S��TORM SEWER I I I l 9 Pa _ _ _ 1` J _ WLMENT PER ey4 I P+rti0 -� -� _ °b j% +� - _ g g - - -� -E� -- - I i I HARRY S. JOHNSON CO., INC. 10 I 959- a - \ b �'P'_ _ 1f(% W EASEMENT _ _ _ _ _ _ _ _ _ MD. M A )R fi 1 h6 a1 I u E _ ` -S9B- - - - __'. - FENGC N O19.�. W I�r ]STALLS .1 l - ' g >�' "P,`", ¢99_ ,�c� a�j'('}$��, 1B' ''� -Ly9k- _ 9g_ __- 6 ¢ 5'- h - - - - - - - - - - - - - - - -� ,�_-e -3 •.I ^'tl II VICINITY MAP LAND SURVEYORS _ '189- _ -"%I' �l 0` I m _ - "J +�3a a1dIN+eifAY�- �BI.a�- A Fit 4' R 4 PRELIMINARY PLAT OF: EBENEZER SOCIETY 2ND ADDII \x_7112 I_�i�h - L _ _6 _ X69.52 7__ B9i '1 ' Y+.661 NOTES CORRESPONDING TO EASEMENTS 40 20 O 40 TO BE PLATTED AS: PROPOSED AREA: 120 EXISTING LEGAL DESCRIPTION: Lots 1 and 2. Block 1, EBENEZER SOCIETY 2ND ADDITION, Itsm. beke e°° taken ran Oarmaneedth Lund 71116 Inesrarlee CrnprlW to tar file Na 434400. Reisels Dale 1. 9. As Pa - Easern e, a d Septe 5.1 Parcel 1: Horn In County. Minnesota. Site area Lot 1, Black 1, EBENEZER SOCIETY 2ND a• As to Parcel Z Eossmant for Public Read purpeeas dated Septambr I5, 1889 eP Y recorded Septembr 2Z 1989, w Document Na 5976929. AS SHOWN ON SURVEY SCALE IN FEET - 25 Outiot C, SOUTH EDINA DEVELOPMENT ADDITION, ADDITION equals 120.345 square Hennepin County. County, Minnesota. feet = 2.763 acres. 10. As to Panel 2 Easelneet for well purposes dated September 111 1989, recap Septemb ZZ 19®. - occurrent No. 5576930 AS SHOWN ON SURVEY FS. 3ENC1rIn3H Parcel 2: SUBDIVISION SUMMARY: Site area Lot 2. Black 1, EBENEZER SOCIETY 2ND it. As to Parcel 2: Eeeenront for atom eser dated Sept -bee 15. 1989. record, Lot 1. Block 1, EBENEZER SOCIETY 1ST ADDITION, ADDITION equals 389,345 square feet = 8.938 acres. �t°np° 2'2' 1989' as Daammt Na557e931. AS SHOWN ON SURVEY q Q 13. Ae to Papal 2 Eearnent A,parnent h few al Paragon Cable dated N.-I r - "CF 0- NA. _EV. =5]0.9' The total number 01 lots 19 equal t0 2, The total HMnepin COUnty, Minnesota. area 19 509,690 square feet - 11.701 caw. 26. 1984, red of reward Nownbw 4 1997, ee Documanl Na 6496249. IS BLANK EASEMENT OVER SURVEY FOR CABLE SFRMCE \ /nL)I� eel A f- T/1 \Alh II I/-\L AF -^ 1 ,J I \I \IJ/ --\LL_ I \_/ 1V I �r��lvlc_.: -= - - - - -, STORM M.H. SAN. M.H. RIM- Bfi6.9J ` STATEMENT OF POSSIBLE ENCROACHMENT �� "- "� " - " -es L_ I I I\ V\ 7 f 1 - 49',,,i '• - T��%.a-- FIM =067.19 HIM�B6].70 4 A. Retching -11 Bang Edhboreugh Way Iles h ROW by dbta dwn ro m ­ _:Mr • Y ♦ 0h � . h .'_E _4 - - - - - - y , r - - - - - - - - - - - - - - - -- \� \ \ -ll RIM>- 86]A��� Ass WNvv. °B61a�NL. 6TlY n 0. d' 06 9� 12 -VCP -�`6 Bm� n w i -B�)w, -- b ' .,sa a 15_RCIP DsB X0 '�" „n HAND Nq \\ n HAND HOLE 069 069 0�9 i 0 aE- 6, HAND A(%E�• � ry 860 a S ' e e v ur sa e �� 4` ` s°', X+22,6, n i 8�1�6 �SA -/I\ IT 1- SX0'07.18 W /� �'"aL- I V Y L_ ¢ I ____a lJ l 1 t�s ���/ °j ' / s °� B / - V�' err SI 6 S 666,2 Pd 3J 2r RCP ° S9 -I 50.33 SO0T18 "W V -- S 3'56'09° W - -- -- 27' RCP _ 0.41 9 - -_- •:° I n � _ v - _ �' 000 _ J!"BYL' � �- ITeik - I � 6^ �`Zr J� � - _ � 0 -• � .�8 698 _ I I p ., �, DRAINAGE k UTILITY ... I. N GENERAL NOTES 1.Th0 aembp eystan usd M Dosed on the pat of swN Eatrlo Dawikpmont A mtksl.. 2. The location of the underground utilities shawl hereon, if anal are approdn ate only. PURSUANT TO MIA 216D CONTACT OWNER STATE ONE CALL AT (612) 431 -0002 PRIOR TO ANY EXCAVATION. 1 1 Flood I ow"'Ic property is .Map Identified es 7053 h Zone X. the Areas' on Flood 9. 200 Rate Yep No., 2705300437E eaeMe dots Septanbr B. 2004. o Mg „r sently M PRD-4 (Planned Resident dielNct - 4) per City 3 Sstbodq requi enants per city of Edia . Front - 35 feet Rem - 33 feet RAANSFORMER Side - 35 Test /EI 6. Site veo - 509.683 square feet - 11.70 ores. ® 7. Number of ob parking stalls and garage stale. 140 etrped stale 235 garegs ata: fr a told of 375 sldh of HAND HOLE ekkdl there v 3 dedleoled m 6anmrp. 6 This .-y .es made on the 9rauml 9. No current tNts earn ece furaldled for the preparation of this SCALE. 1 INCH= 40 FEET surwm legal desrlptkm recorded r umacrded easements and _ bronco as e,.bjeol to rsWkn upon receipt of current UU. -.�. erL - j 10. Elevation dab- Is based an City of Edho data. IT i ILS1119 lh nark M located Tap of Not (AS SHOWN ON SURVEY) 8-tion - 67611111 i eanclarork la located M York Ave ek 76th SL Bowdon - Bill 11. E b-. en- and b w.r of -b)at e,Vey arse may -ex REWS IONS i sears knprovemants to be - Visible at one ai -y. Date: I 5/27/09 re. let nnee HAN � 4/22/08 rer, lot nnee I b -.��_ s � - •-r � - �- - vim` -`b�- ff 1I a - - -- $!<�� b °•>•� --� yL - -ark / -1 - - 0= 62'DO'39,•�- ll�yr,,^ 1� 06/ 0 I 21 PA KI 5 A -T -yg - � - -r I bg101�0\U 4 0 T - 10 20 II �O I "'IIIFFFIIr DRAINAGE k Ullll RIM - 867.1) 0 B I 6 6 I ELE 0% [ ENT P,ER PLAT INV. I.1 Ib0^ �x, U �\ 060 6 PA KIN AL P I� _7( 'l U 'S. 98 0 ARDENS REA 6B 1' 6 '\° �� 0 0'O ' • I I i 0 2VCP• / i ° .)C I %' 6A /' 1 00'''9 60�e,- 0 1 1 Dry , 6 _1X V '\ , 8' I h9. 0, 0. n 00 \s �I -1 / 19 sJ I 20 PA KIN 5 A U1, I 69x9 ep ` 9$ I 0 6a - b 0 Ba e ♦ ° 5 NG 5T LS °\ __ 1/ 0 t)3 / ` '11 hX 06 - _ 998 r' -' ( h X0 ; 'lj I 1 PA NI AL 5 ELEC. TRANSFORMER I -I lb I `Q jV 11 b b b I m� 1� 99�y ° X 66 0 0 60 / �0 s y� sS 6 TA s HANOI HpF L J Ir I'I ^r j /C` SAN_M.H. `�' jl •LiJ I 0� 0 RTM 6]a.Ib 'O y. h- \ / INV -85].4 U / . BITUMINOUS WALKWAY \ 0 L/ IL s9° '� � 1 n g 3 L_ 1 I I I N 0^ I 0b 0b° 0b. 0b0. 6.� 0 ME AR IN ST 5 OD RE INI G ALL r IAN N II 9� �' Q 0� �, } 0 I I BX' ^� 1 1 VENT _ B L J^ W I c q PoM B610B 6 < � 6'X� EINV 8546 � hX /13 z�+6 x � / 66 60 _________ ___. _. __ _216,9' ______ _____ y 5INV.6851.7 l CB 1 ati A'y -�`p RIMaJ.81�`�000 FX 1\ I $10'00 %19" E 166.996 7 `? u SW INV 862.0 )c E INV I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Thomas E.Ho o ff. L. Minnesota Rag. No- 27677 O Date: X18. 2008 - L- S Li FID.ri�t \LEY II I ��s o °° n •Ij I �" SP yI lI o� ` P P I \ 1 \ r1 C 1 ;�Y ` 1 . l ,� ,c ,°/I l � �re iIL�q0 e 'r k S �' �� a\ � / �s w� _-__ - d° P� � . � M ll1 X / /6i , - T� Y - - - - - 3 B- ; r 8>� 9-- 9` L- �9E B - - - E - L- _B - - - - � -,,,� _ [_= - - - >ma- m � N - 9 - -\- �1- VI / /' , WOOD RETAINING WALL • PRELIMINARY PLAT O F - 874 LEGEND EBENEZER SOCIETY 8 SO 0 Y Properly Monument 2ND ADDITION to ® -_ � 2 Concrete sa E%HA,yiT Tn !$ D Qh'40 uro �\m 5. \m.QZ --- • --.T>- Fence �aPUN I I m I� - I II Concrete Curb FOP: 06' 9.96 E \ ;`Cx C. WALL -� In �' \ f}1-'I OVerhead Electric O i�T�= 11135' b !y \ 0416. '4 A6AI h 00° \�l $Og�IEI`` I(r)g I I II -- 9 I a • ,,,,,,ttTii�' �' 0'°x'0 -� 0 /, b _ \ I ^lam 0° Z / - - -'- O-rh round Electric \yy.\ 0 �'\ J. !� NDERGROUND- GARAGE /.- aI •1 II i Overtleatl Tdephane ai .06 �,- ,, -C9 \ � I :: / y -- Go I `IJ II - - - -r_ Underground Telephone T,■ on, ;n ,.. / 6 I 8u6z�\ c)K PAl10a 1 \ \IM B6A 59 Fi D FLOUR : --- - - - - -- _ ... EBENEZER pd'� w ey . I - \ 1a wv efiz.i'� x z hE � / \ I I L I - I� 00 yX y °/ \� \ b6 /y EV B6 &3z; \ \.260 I I W) Water overhead Telephone k Elector a r " �Aj 'PUNTERS L WOOD RETAINING WALL - „ I ° Sanitary Seneer bi I - - -°-- 1:7 \ 1 11 6 I \$� �I >P1 eat n� ITT nT - \ b '\T :_ L O I I - -- Storm Sewer - N 1 0 `\ \�- `I` 0 VUIL.V !'.. $ai l \ O l I -- UQr • h 1 m4 b \ \ ( 1� 0 . F 1'S -_D ROOF. 15T L VEL - \ }I - % ! _ 4 ^. I I c II - m Ele�Uic Manhole Line �1\ �, 1 `�mb �I ` F.n9SNE0 Fa00R y'�FZ EVg6B Jl 'WALL -1\ T .\ _ \' \ �..� VENT �.: I i I Qectric Manhoe Box -7 r') -ELEV' 856.02 i `\ ` aj I !d���V4.) \ \' 166 g C9 - • -` I . -I ISHEDh� ?vEt \\\ / I I I II 5 �.11y� ' at,, g ? C3 \� -Al \ \ $ I - I 4y Hydrant a t de SITE: a -f .%e \ I bee) I I 1 %q''�II le g \ \` .( Z - E'EN w. INV =ass ? y Q: ie./ e \ I m /x `°'- '\ �\ O \ '9 ` -\ .. �.1� \e ,\ \ " \ \ \ \\ ® Unknown Manhole k� v eu cube Anchor r ``\ II ® ceictln sin 7500 YORKASS /STIED L/V/NG J 1 I 1 I !_�C � .. \ `. v - .741 /aI 6 I / I ` E •.. 7 ) � \� \ 6 I ® Calchbd in . Deciduous Tree ( Dia in Inches) _P\fJ ! i - - - -- -__- -- - ko Coniferous Tree (Die in Inches) EDINA, MINNESOTA -Woo YTErARRC y�/'b� 47EC. 11tAN5FdiNER .- -_ I I I {. Light Pole I1Pp1 n� \Q 1 \�I\ BS],6BGr 0 F"' 1'i / / ^/% i V., <• fix 4 _ �J I II ® Gas Meter o \ 1 \ \ \v I 0 1� 6ti Off. -' 06 4� 1. _ " N 0 b BITUMINOUS WAIXWAY B" D.P e 6`,),I Q \ 11 `• 1 ^\ I' \\ ; \ °1. +.tX.ii /- /� 001 0 Yb -a I •�•I - 4I Telephone Boxhole HENNEPIN COUNTY one s_II otL'P m44 6 yr. -�- --� ,/ bE eb`O arc' ' I I R I I I II ® Sanitary Manhole I NI.11 1 It 1 11 S� IaP � ce G / i!( / 1X/ 9T3�#I�I qg 4 4 Q I b 4 I l I I I _ - -_ anhole i yPl I I h'S� P,6 i< \TI✓ h' a - d - _ o I -906- - - - _ Exist g Cantour 5- RIU= 058:74 \.)x `.p � yp 6 i \I \s d li' I °kC _ I I I % 851.27G Existing Spot 1ev Lion Gutter r i % 934.7 Existing Spot Qevation r _ \ 0 171NV. -852.8 \ \_V, fN85]_ 1 I I .✓\ �. I 1 0? \ `I n 1 ° \� \\ - A XI�I 11 II \IDS I 1 I I m _ -0 \.// `• II v I�I \l I.s /1 0 X I r2" PkL yIfI�S��TORM SEWER I I I l 9 Pa _ _ _ 1` J _ WLMENT PER ey4 I P+rti0 -� -� _ °b j% +� - _ g g - - -� -E� -- - I i I HARRY S. JOHNSON CO., INC. 10 I 959- a - \ b �'P'_ _ 1f(% W EASEMENT _ _ _ _ _ _ _ _ _ MD. M A )R fi 1 h6 a1 I u E _ ` -S9B- - - - __'. - FENGC N O19.�. W I�r ]STALLS .1 l - ' g >�' "P,`", ¢99_ ,�c� a�j'('}$��, 1B' ''� -Ly9k- _ 9g_ __- 6 ¢ 5'- h - - - - - - - - - - - - - - - -� ,�_-e -3 •.I ^'tl II VICINITY MAP LAND SURVEYORS _ '189- _ -"%I' �l 0` I m _ - "J +�3a a1dIN+eifAY�- �BI.a�- A Fit 4' R 4 9063 Lyndale Avenue South Bloomington, MN. 55437 Tele.952.913 1 Fax 952 - 994 -5344 enew- t*-veyore -aanl Fle Nn 612 _ 1.34716PPA ienikbn 2007440 02 SAN. M.M. N. INV. =853.5 12 PVC S0. INV.-859.2 INV=836,8 ` CBT RIM - x57,]2 NOT TO SCALE Sewt xn 1 OF 1 is GOP."`uk i\zocc -how xW'r. 02 \x_7112 I_�i�h - L _ _6 _ X69.52 3l - =3��. iY4L�= - -_06 � �°`� 0' i �5 098 -- a�! _ 9B B9i '1 ' Y+.661 06TH ST. W. N 65,�tY E H `.j DRAINAOE a D7IDTY I� M(STONE RETAINING WALL EASEMENT PER PUT ' 619.04 ; ��� TE r6•\ V h 59- 4__' \/ `fit s �_. �' - -_0y -859- - -_ _85/ 7. ♦ -- - -- - -- t- �'^� M. 494 ` gqQ8.56' N f 0'19'43" W > e' s stnar 2 �d I ,. I \ I 1.- .1dld -]- e- . -.._�' -- - - -• SIP • ``1 �t ( •'d`� Q� G �� "- "� " - " -es L_ I I I\ V\ 7 f 1 - 49',,,i '• - T��%.a-- 8 DIP I I V Y /-\ I l; L_EIEC TR oraAER _w-- w__ -v.� _�,ni- '�11� -- -p I l i _:Mr • Y ♦ 0h � . h .'_E I s V �- / - S INV. =852.9 PlIM- 857.03 m ^`�S!JI,. -GS9� J E R W INV. 852.8 S.E. INV.-854.4 RIM- BSB.56 INV -843 1 C.B. SAN- M.H. ` RIM =061. }7� 3 RIM- 057.09 9063 Lyndale Avenue South Bloomington, MN. 55437 Tele.952.913 1 Fax 952 - 994 -5344 enew- t*-veyore -aanl Fle Nn 612 _ 1.34716PPA ienikbn 2007440 02 SAN. M.M. N. INV. =853.5 12 PVC S0. INV.-859.2 INV=836,8 ` CBT RIM - x57,]2 NOT TO SCALE Sewt xn 1 OF 1 is GOP."`uk i\zocc -how xW'r. 02 d d 06TH ST. W. 8 < TE 761H ST. W. M. 494 9063 Lyndale Avenue South Bloomington, MN. 55437 Tele.952.913 1 Fax 952 - 994 -5344 enew- t*-veyore -aanl Fle Nn 612 _ 1.34716PPA ienikbn 2007440 02 SAN. M.M. N. INV. =853.5 12 PVC S0. INV.-859.2 INV=836,8 ` CBT RIM - x57,]2 NOT TO SCALE Sewt xn 1 OF 1 is GOP."`uk i\zocc -how I! O I � I d cc 20 C C 80 12C au" =ae2.a] SJ 3EwV xAFd I —F) 1 A T T-1AIN II 11 nA AE'^ ,y^Tx� J .0.E Ap d �. 1p 0 z t_3_ o iW- d�l.Be2.fl�� 1 lie 74t� !Se 7'18' IN A N - - - - -- j 150.33' s 3'56'09- W SOO m Y+l10ERC11pJNi C44AOfi � �f jMISXm MICR -,l ' .i ij E3tY,.Ae&19 • �MI EL£ . nn5]Cau[9 1 dal• _ -- •� v 3t-.ry vas wu.w.= ad.a I ]sous E II II 11e0Y e 1Nb .!Rave .m mode an qe Pml ^d p. Na awl W .ae ,m NmWw b qe Prtp.arw at tN. SCALE: 1 /NCH - 40 FEET i GENERAL NOTES waWw�wi•oel�d �lp� . ..suave a Imead•d wwms,b a,d I .an. tat b r.amw vPw .wW4 a ow.gt up• L,,,� _ NOTES CORRESPONDING TO EASEMENTS rn. ae.MV .a.twn .— b e.ew a - I.., a — Ed•w C.relapn.nl I I ICtBenwndn b Iwaw TW a NA (A.S 910W! M 5491vE11 I Elewpm �etw LEGAL DESCRIPTIONS It. It. e.l.... -. em.� Mm e.mmn,..mq Iona rm. InNrm.. ry,rom�n Awltlan., I 1NX ToY Ave t ]eN Si FI•wpdn -44317 �� IN -Tv-, ,PoV- 464.47 Outlel G SOM1X mW OEH1opYEXr AOgRQr, Mnngln Cwntn uMeeeta, Ca mlbnN b Inxuma N. Xe. •]woe R•b• • Ne 1 C b lr Oa• Ap, +, ppe 1 ID• bpp oa q• 1,. PUI n• T TO 21 an area OPIE b wln (.12)AVi N x5A 3100 TO OMIICR STAB OI[ CALL AT (01]) U4 -0001 PRIM 10 ANT REVISIONS b1' 1. •eva 1. ®ENElFR SOOETY Isr AOOmM. MRingln CWmt]. Ydnewln ry 9. !d syl:nle:.Ea'In b•. Cea,�m�,l °Neu 1Si..2. `AS SNOTS ox'Wlt� . A. la Pam! 1 Eawm.,t bb, WI date° s.Pl.ne. le 1949. ,sade6 EXC —Tw. �1E / I SePtWn� 12 1449. a. Oaamwl No. a])SSb. AS SHMi1 M SURKI y n FleoO lniur�anceyaete Napo NO��3TOS�CGStE eMecl� dal�� aw sty a�wm Mb.....a4 loaatwa HAnJ stoeu M.N. "�I s:Pt:ne.PU beg Ee. o�tmb.,+�`N; v]a9n alarm mi asps dw +.t !m ni =eer'3 STATEMENT OF POSSIBLE ENCROACHMENT$A. Awe a z;� >a N° ."e: aiws a oaam�i �> e�9lez�9 Is BVN2 a zmm9a ur b PRo-a (Fann.a R..N.n+ mnm - .) pv A. R.ta 9 Ru .1.1 Edln6erou9n WI Ile. In ROW by dl.tw,.. Maven a .,rny. FISELEXL OVER SARK! PAt CAatE SEWWCE Gty a E a A 5-6 —1—b P. y al Ed— ` r rri O -� ;Rluaiel7T saA_u.X RiV- 99]7)0 A.urcvv� pram ]5 Rwr - ]! MI sae E 1 w I1 -451.9 . - c - - - - - - _ - ,�('J _ _ _ _ - - - - a .vow Panx9 and 9araa. rtm �" I _ � - 1• /� 4An'J H >_f rtul IN ] ldlmlRd m Am,diaµ 1p 0 z t_3_ o iW- d�l.Be2.fl�� 1 lie 74t� !Se 7'18' IN A N - - - - -- j 150.33' s 3'56'09- W SOO m Y+l10ERC11pJNi C44AOfi � �f jMISXm MICR -,l ' .i ij E3tY,.Ae&19 • �MI EL£ . nn5]Cau[9 1 dal• _ -- •� v 3t-.ry vas wu.w.= ad.a I ]sous E II II 11e0Y POPE ASSOOATFS INL n]s ENERGY PARK DRlve ST. Pout, MNshoe -sn• PH.l6]ON »loo FAx (a0 esrua 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4!24/09 TOPOGRAPHIC SURVEY PRELIM. DEV. APPLICATION 8/27108 HUD SUBMITTAL 2127/09 21252 -07112 koz.r [•41d r, SHEET 00.0 e 1Nb .!Rave .m mode an qe Pml ^d p. Na awl W .ae ,m NmWw b qe Prtp.arw at tN. SCALE: 1 /NCH - 40 FEET i �� waWw�wi•oel�d �lp� . ..suave a Imead•d wwms,b a,d I .an. tat b r.amw vPw .wW4 a ow.gt up• L,,,� _ o o..peb„ ddema b ea..d ., ay a Edwa dad. I I I ICtBenwndn b Iwaw TW a NA (A.S 910W! M 5491vE11 I Elewpm �etw I 1NX ToY Ave t ]eN Si FI•wpdn -44317 REVISIONS 'i I I ]y]1ym aw sty a�wm Mb.....a4 loaatwa HAnJ eI "�I I eM/ol dw +.t !m T ^er.ON —Cfy tnpt t.l a s,.rveY wen Or pr MnpO,, my p t pr.ppprpnp [me tl pt am poly _.,d 5 a r..-, tre tows Of t- state r u . rodoro, t.s. ------ -- V Y; lj Ninneso: R,. NO. 23677 19ate: _aa. - 2a. 2007 dl BOUNDARY& LEGEND TOPOGRAPHICAL • Pra .rLy YP m, 4 SURVEY v1 {�l I I o n a t FOP: f ,-d D } 0-11 od T,bpe P. ond,.9r.Mna TM, OvaNead TNepna e t Electr:p EBENEZER i I Wpbr Cps st-'s (3- { st«m sewer 07 E'.acvlc Nm EPlactric nno'.• iO I� t u r , ® I- V.- C G, Wr• •ncna sne: II i c.t bO .� 7500 YORKASS/STED LMNO Cen •sous Tree (J'e. in ds) ilk EDINA. MINNESOTA b + =Yt ec. -I I� a so• -1. I II S T.Ig,. Mcnnol< y m Telgd -. 9n HENNEPIN COUNTY i, f II ® LYwa MSV 1 pWree I m St– b—d, i05-- - -- E.IS1 nY Conto r l]C E.lat�n9 scot Elewtlan Cutter 9Ja.3 E.lat'nq $sot ElevcHO. 9 II HARRY S. JOHNSON CO., IN VICINITY MAP LAND SURVEYORS �I 9D63 Lyndele Avenue Soukh H 111— Inpton, MN. 55037 • ( f • I M 9a' earN n. w. � Tel*, 952.8845341 Fen 932.884 -5344 j I } ❑ m 1 I B r.w.Mja,mRSpn 'yjJ� 1 -3 -47167 i o t — i D•: 2007440 1 OF 1 i b POPE ASSOOATFS INL n]s ENERGY PARK DRlve ST. Pout, MNshoe -sn• PH.l6]ON »loo FAx (a0 esrua 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4!24/09 TOPOGRAPHIC SURVEY PRELIM. DEV. APPLICATION 8/27108 HUD SUBMITTAL 2127/09 21252 -07112 koz.r [•41d r, SHEET 00.0 PARK DRlve ST. Pout, MNshoe -sn• PH.l6]ON »loo FAx (a0 esrua 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4!24/09 TOPOGRAPHIC SURVEY PRELIM. DEV. APPLICATION 8/27108 HUD SUBMITTAL 2127/09 21252 -07112 koz.r [•41d r, SHEET 00.0 R V -. 8 7 D'L M x II I x x T x s NV.-85 ti II w s2.6 X r. - --------- x V RE X, A�x x wrrH14 PUBLIC RIr- `J- 0 ST-12 x ( 2 40, i x 1. .Izl T- - RR RR RR - RR RR RR RR AR RR - RR --- ILIL 0 I=- 4�70 x 7L, - _61 zi X x _Eqp V: ....... "O's E­ L ------- .. -- -------- "FE �%.N,d FRRI D.- X, N-F F c. F.d- 0i i ", 2 ITI F.-7�UIAATE IS%R8D I I AREA IS 3.60 ACRES 20' V 0 20' 40' SCALE ... - AV] REMOVAL NOTES SNA_ BE �� M IOSPEVE� PRIOR 70 � aNS­N - SIT Mal S­ BE - ALONG W CONTOW P- TO STAFT .1 AND SETSN- .-. ABEASMES ME 1. K.�ALAM .1 Al�l BY TNE - OF E- ALL. W Mal W-.WS -.1- IE -. .1 - .-3 -ES. IE O.N­MR AEFRTFr ILLE LOEAT., E-ENATT- -E � jTLrT DSTNG LlSLM RIS HELM ISEMNE CONSIR-104 STAITTE, THE ENORNIEFER. ARN'TEI7 OR ON OR DOES EFNATALL E IS ME Mm Cr �p - ------ STATE ONE -L A- 451- Ay -000] TO, r- k_. a- g, , LTBTY �X =Yi " F ALAPPED. ARE S-1 aqR OANAa oaLRB oue TO aimviuno'. aL1A4EOt.S FFNFS M BE RENO/ED THAT ME FOr 13-I'M C' - PLAIS. - OOt­iTCR IS TO AV F,E S'TE AN3 REAM 3. - NAY BE INS TOCLWE4TS 70 OS­ALN A CLEAN UNDEPSTANO NO OF SCOPE OF AOq1. PRIOR T gg REMNE 0 STMT OF MNSLTtJnDN. DISW%N- Al AND ELECTRIC SERACM. MOR- OiSaNN-N OF - X11- RTFN THE ORIER. AND FE-TRIC LIKES UNCEW PROPOSED SU - M-FIL". 5 ANY LTH.11ES NOT INOCATED MR FENOANL OR ABLAN-NENT, ARE M BE PR07= AT ALL FKS -4E NEARES� JOIN. 6, - EASING CURB AND - IS M BE RE10YED ­1 THE SCOPE C PROJECT RDU ME CLIT UNEE M 7. FIE ISANGFIC- NFOR1AA­N BAS PREPARED BY - S JOMNSCN CO, INC. E) B � R­ 14 THE nBW R­ OF � B M BE -NA-E - TINE CITY OF RI-FS. BO.FLENARD RE=ARS, � TRAFM� CON71ROL ME TO BE PER - OF - STANDARDS ME SPEWWO [2: B. PRIOR 1. START OF -I.N. A.I. E­ A 0 SEDIV M aRFTROL INFLIFES ARE TO BE FNS­ M_ BY NINE N U CRE TT`­ 4 SN -s. I EO­ ­8 AND GLITTER R.-ANA... PAAEYW FRAINAL. Mf� L11.FFT FI L,INFS ME TO BE T.4E CONTRAT- FIN PRIOR TO aMNEEAEAT OF "RF. R TO Al ­­ ­ENTS MO COORO I ALL =R1 RNIN Mr C TY OF EIX•A AND LTTLITY ._.1 S TO PRONREFE OL A. PEECETRA, Aa_ wreEAE APPLTAB,AL 1 0) 1 S TO AW THE STE PRIOR DERING MD aNSTRILVION 00TROAN11i AND - REPOIVS. AO ADERTIONAL MIRFORIIIINO � MENS. aABPNSAFON R1.1. K AL.L.EFFED FOR TEAS TINT SNOILD NA•E BEER AFF-D BT 11 1 4. TINE ROOT C-ON -CE INDICATED CN ME PLAN 6 SHNI Pe AN AFARREDRILATE LACATO. PRIOR n START OF ­=Oet, THE �R B TO =FO- OF E- FOR - FOEX -N _.x 1A T7 3 q Lij NOT. ME cP, �x NFRAN., REFER 1/.0 x i v S FERa. REFER 70 DETAL. l/C5.l. ji", 11) INN.17 SEE EAT 2��C�R. ­AOLTFEF1 IN IFE -R- TO THE BNORIN. BAR— AN. AT NEARES, 1_. ST -6 R_ if 1() . 1. - LIMITle IN PLIBUE F­OF-W IWITI PAANG AND GEOME­ FLA.N, C1.0. S� 4, Ell RNOA 1­ IM PAAWENT 11 ITS El- TO TNE EXTENTS SHOWN. r., AN) REMOTE ­RETEL PAYN­ 11 TS ENFRETY TO TIE E-TS S­ Ix LIGH-POLE IN Tl ENITAM COORDiWE ­N ­NER IF LICHT POIJE IS M BE SALAAaO. Cal] RENGAE STOPIR SERlR - BASINS AND PIPE N TS EA1­ TO NE ER'EAS SH- < > OF E� VANEARES AN. SK.F_... AERF, .1 - FRE AASSNAL TNAT is o ST-3 4,­! R- 0 , FIRE .3RAAT. REFER PLAN FOR .. -RANT LOCATO.. - ALL A I-. FOP REUSE IFFFO. TO REINVALL- 10 :.1 TPEr A Rs INJBm E S NO I-LEFT FANS MOIDNATE III. I EIDP.m FANS ME FNELSASLE. -- I b WA 1, 1 AME- AND coa]w PRwR TO 11 t T] EATSTA. -G I 1E.N. IlRETEa AT ALL I.El. 0 ST-5 � M RE PROTECT ALL rnEs 7 I— G CN SASN TO REEAWN. PROTECT AT ­ES :1:5j ­TI4FN Dr PROPOSED DISLNG W-BANIN IS TO BE RN� AND AM PIPE OF SWE Lj C, a. WERLAL ME TO BE RMSTAILILED. - -OR IS 70 INV-ALL I.- STEM PVFE­E MO v, AROUND RNMIUAN tl A POINT 10-FEET DUTSDE NE BLIII.EING WALL COORDINATE - FOOT- LLIJ -ON - -IN OEFT. - M FINE START .1 .1-ON M1 MOT. TO BE DROPPED TO AL.LENY EXI0NG ­EINANN TO BE ROLTED NPO­ PROFOSED FOOTiNO COORDINATE B-N. ST-20 n .W. INV-85 ­­AL/RELDW*1 OF FIRE ­RA­ COORD NATE RATER S-FF ­ -ERR AND ­ PRIOR TO OF CON-O. le EXISTITING - OAPACE IS TO R NAN INITENT IS M BILL= PROPOSED PARKING AREA AND GREEN AREA 04 vl ':',) -q;, x) TOP OF DIVING GARNa. REFER 10 AND STRUMILA. PLAINS FOR BULDINO ;A r 4c, .112 a-Z J_. /. i-- - -1 ". - --- A __7 C ­1 1:.:.] EXVTAG ROLE IS RR­ I ALL F.El. c" e. re TNAT IS A 7 LE LEAD DO. NOT SERVE OT4. PURPOSE IF LINE BERACES RAN. - ENCINEER RAN-I 1`7 TBL O.. "LE AS PLAN. -FOR REI-. - IN . WF.- j _j -1. OF cl. AND .-OR TO Ae,LAN, NRAA,CE TO RNA. PRO­M AT ALL- - PROMSED PETES­ CURB FLAAIPS M BE FOR PEDESTRIAN - FA41P INSTAIJI.A104. -NE EATN -1 AND L.- STOR. SENIER PIPE TO A P0147 - IS O-E FINE ---.N L7 lt�_ B.- _. 70 BE .- URT, "`E - BASS, . .-. - - - OF - RLAES ANO SPE-FORNS REGASOING RO­ OF STORN SEBER STRUMFIES. 0. ST si - iz IN, vo\ //Z/ FORNE RALL M E TS NORN 01 GARDINO PLAN. EEIN T N CON. RNFI 15 TO COORDINATE RE14ONA. N`PN RET&NING BALL - PRIOR TO CI-FON. AEI 1 N, 5. LE RERNE ME EOVNG STOR9 SEAER PPE FR04 ER W I AND B-HEAD ME CEN71- - COOFN- -E -N 7NE - C-R. REFOR �. TIE - PLAN MR THE PROPOSED PIPE OF NE IN A�l c 0os . x'. v ME 6 RICH � SAN- SERER HAS BEN SHORN BY WEN, ON THE "S PEFT DMANTS FIEMAES 97E ­ AWTEF­ PFFOR TO START OF 7-E APPRO­ - OEA,FON OF T.E SANFTAR, NEOMDRO NE aNT-FOR 5 TO FIELD A-F EKRCT LOCATON. INAIRT -1. -E-. N e.-IN FIAT IS ­.1. ­5 - SAFTAPT SNEFF SERACE �S EAP'M TO REALAN 11 AFRZA W NE IER NOTE Es .BRIE HAS SEEN RERMF­ AWEAeE 0- !q SAN­TMf SEIIEN TO M APPMANATE LN" ew,,FnEE ON TIE FLAN, IS M ALBO x COORDINATE REWINAL - INTI TNE P-BRO RLAA5. M Q, L 4L X__ S j89 40 4. 9 .52 2 2- :3] REFER 0 SHEET C2.1 FOR CONTINUATION OF C x CONSTRUCTION 2 SIDEWAL< , N PUSL C RIGW-OF-WAY X� z 3. 'I "I�,, - 8 \V 2. R V-B57 C3 _C_ < 5.-. \✓ 4 N. W=8515 W=613., PoPE AsSooms INC use; ENERGY PARK DRIVE ST. PAIJ,� MN ssm"iRe F="BL*:NmS 0 "New 7500 YORK ASSISTED LIVING EDINA, MINNESOTA BKBM FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 DEMOLITION PLAN PRELIM. DEV. APPLICATION 627= HUD SUBMIrrAt. 2!27 d,i; kc;wd ale ;,i, N tmd ii. Rile v L". It. 2". 21252-07142 Dr to DOC ,Nd. tT Tic C1.0 / 1 1 GRADING. DRAINAGE, AND EROSION CONTROL PLAN 112. - - RC -OSEO PlUN SYMBOLS ELI_. FENCE -1H(- OP-_ -- JNE 0 -NIA.) - - - - - - - PROPOSE] C.lMN - - -- SAt -AMN SHORN ENTER � 3 CATCH BARN �® -so. CONIROL DRNN CE EAY MRM - - sDABOAIG JD ST- 11 CONCRETE "AUICJT MCA SPOT ""�1VAMNEtllItl2N A33REVATIONS AR BM eww w CS CAM 9Ai CONE EAmv-A EA O,I d F. w FFE Ovw JrvoUer LT w now Eb.mb^ MIT M lP Maa. P.0 R-PH U RCP RAI•lamM Cancel- P. APFROEIALIE OISNR3ED AEA 5 3.60 ACRES KEYED NO -FS -I NETS ME OTOTED BY R CV RAH, INSTAL. RDCN SVSRIICIIDN NNN REFER TO DEAL -21 INSAL. SI.- TTCE. REAR TO DETAL 2 /CS.C. �D INSTAL'. INX SECIMOA PRO-ECTON. RStR TO DONL ) /CS.G. INSTAL. MN /DCT SIBS CONICITY 2 MHPORATY STAW FIBER CARTOON CONMOL BLAVVE. CA'STNC RA LL TO A- TAC Ef.'T AT ALL t.0. RENC2 CONCRETE AS NMMSM• TO A_OW MR PQSFNE ORAWMGE AWT FROM PROPOSED DOOR. �j ADILT EISFRO CATOI BARN CASINO PROPOSED RIM ELEV.- BNf.AO. CCOMI._ WlX MLTY CO ACTOR. El EPIFNO TREES 10 AOWN, F-CT A AIL TIES .� IIMSeTIK :Rao:MLVWi Al PWCT. -, �pI. TO -Y[rvLT RA4_ SRNCILRAL MD AAC ITMTU t PL ME 'J THEAPERNEURR WA AMERF HEro2� ACCOMMODATE MME PROPOSED •DMPMSS. PT[T"EM IS TO 'H[ THE SRUCIURA'. AND ARC. I RAP'S. iIPiE�AAAIi smRrL. DwU •= En "PEC[RMr[T[ro�s*aunaxM[owR wcRC ocrA NFSm:s NPO[s /sw z -iiiiQ -ED 20' 10' 0 20' 40' SCALE T - 20' EROS'.ON CONTROL NOTES: 1. ALL EAOSCN CONTROL FACUTM SHA.L BE RHSTAU.ED PRIOR TO ANY SATE GRADING CRERATI@R, ME CT' EACTI P ARAD WATFA TIM CSTIRT Mbt SE NET M UPON COYPLETON M ITHE INIIINULLIGN OF ME REQYAED MOWN CTI R FACILITIES AND PRIOR TO ANT CRACRIG OPERATROAT ®I1) COMMENCED. M. CO TRACTS R R RESPox54LL TO SOEDIE A PRE- DF2$RMQiQN GRND:NC .-NO ON T E NOM ME Ott EVCLVEES AND WATIMETHED arRlCf. F oA I'M W REMOVED MANS CONSFRICROA, AIL III CONTROL dGVIFES SHALL RE RESTORED AND W PUCE AT ME END O FAD. W. 2. AM NOSON' COTiRIL FA0AR DRAPED NECFSUTO V ME fTY W WATERSHED. BOOM OURN'C OR AFTER ME WADING ACMnES SMALL BE PLSTPLED AT M AEMACST OF Tg CTV AND/OA wATERSIIED. 3. NO DIN I NS SI -L K MADE FROM MC EIUTIOMS SHORAN ON THE ARFRMD CRATING FLAH. NMOUT PANDA APFAOV•'. FROM ME Ott. " MR SAES GREATER TNYi 1.0 ACRE. AS REQUIRED BY ME MPCA PEED REOMWEMENTS. ME PEW MPUC NT MAST KEEP AN EROSION CONTROL. NSPEE OI LOG, POSPECTON MUST BE COLE ONCE EERY SOON DAYS AND MAIN 24 HOURS OUR ENTRY IRAN EMFM. ME IISAECM. RECORD MUST BE MAX • 9LE TO ME CITY MD WATERSHED WIINW 28 "OURS OF RECUEST. 5 BONS ROM DMiSION C.HANNETS OR PIPES (TEMPORARY OR PERNAVEM) SHALL BE ROUIM M SE(RMENTATNIN BASIS OR MRNPRMTE CNERCf WSSIPATCRS TO PNEAVI TRANSPORT OF SEDIMENT M O1NiLOA TO LAlMAL CGM2TOR5 MD TO FRFN£NT EROS'M AND SEUIIENTATON MEV RUNOFF ROWS ITS MERE CONNLYORS 6. ERE AC CESS ROADS SAME BE S MD OR OMERA'SE PROTECTED MAIM 50.7 FENCES. SURFACED V C 11TH CRS HE ONES AND PPN TO PREVFM TIC N TROY dTING iXE SITE vN ME ALCFSS POA05. 51"E -KCEA RCADS/ONMWAYS SHALL BE SIRFKED WITH CRUSHED SIDE wHCRE Md ADJOW ,MIMING PAVED POADWT5. 7. SOILS TACKED FROM ME SITE NT MOTOR IINTCLES OR MUPMENT SMALL K CLEWED DALLY FROM, PAVED RGTMAY SUW S. OR NCAE fIEOUEMLY F REQURMCD BY CTI OR wATFASHE). THRDJLWLT ME OAEATEN OF DMSTPUCDON. COST CONTROL MDSLOTd RALL BE PERPORMEO PEKE C WHOP COMATTIB REOU'JTE AHD/CA AS DAECTED BY ME Ott OI ROM—. 9 E309CI CONTROL MEASVRM SHAU. BE USED ANO MN CONSMUC .. F DNSiMNCT :OM OPELTGS W ADMIRAL DARRIS DAII.KE OR MERfO2 Aft DOSE MOWN DNTAOL "MESUAM TEN' SHVl BE RESroRM TC SPIN[ THEA MFIIDED FUNCTION AT - OD T, EACH v OR S Soo. AS FIELD ..I- ALLOW ACCESS. f0. NL COxVA=. x AI+F.S D A.. DIPNIG CONSTRUCIOV SNHALL BE KSIOAED AS SDN AS POSSIBLE. AN HAVE BEEN -1 LANDED OR ME 5 THAT x.AK BEEN DI n GRADING OR YR BOILING CONSTAJCTNM OPERANTS ME nr KM'.T UNOEFBAT SFA:L BE SEIDED MO .U. ED AS SET i0 NG PARAGRAPHS WITH 1• -:NT A. ALL SEEDED AREAS SHALL BB -FIR MULCHED MD DISC- ANCHOAM OR CMRE] By FIBROUS BLAAIM TO PRO CE l SEEDS AND UNIT @OGION, TIFORMY SMLW WLCN SHALL 9E NBC - ANCHORED AM APPLIED •i • UN FORM WE OF NOT LESS TIAN `WC TONS PER ACRE AID NOT LESS THAN LOS COJCMCE. B. E GRADED AREA IS ANTCIPATED M BE U- DISTURBED /DEKLOPED M'�TH'M SI MDNM S. PRONDE A TEMPORARY AGETATNE COVER CONS TNO OF C IIFIME DEPARTMENT OF TRAVSPORTUMH (MWOT) SEED I.TURE 110 (CAM), OR IN (WINTER WHG7). AT A ANTE OF IN PoU"OS PER ACM, 11 10 MU HALL NOT BE OIE 1 FOR A PER OD EFUTEP MAN SIX YON915, PAONDE A SCAN- PWwVCM IIETATNE EMIT OF SEED .-RE M.JOT 100 AT A WE OF SO Po S PER ACRE. D. CRND -0 CORDS OR ME EOUNNENT DSiCORMES SHALL BE RA ­M III IURF HAS CONHATED AND BURMA A 60 -CAT GPOWNG PERM E, ARCS THAT HALL MIDI BE MOWED OR MAWMNVED AS PAN OF ME MTVATE DESIGN' IRL BE PEPWHENR! RESIWCD U SEED NRTLIE MINIM 250 AT A RATE OF 70 MNDS FOR ACRE, F. UNLESS SPEC FED USETAIOE WTXN ME CONSRUCTIDN DOCUMENTS (I.E MCHF.ECTYRY SAFE PLAT W WADSWE PUN), PWMM[Nf DARE, RESIOPAT9N I- ..TV of MN/DI SEED TORTJAE 260 (COMIWCML TURF I-) AT A RATE OP 100 FAMIDS POE ACRE. C. RNE MA OMER EADROH AND SEDMENT C.-L FNCncES AFE RADEAUATE TENPORMY ON -SATE SENUNT BASKS THAT CWFQb TO MF OOIERLA FOR ON-SIR DEICNMN BASIS SHALL BE P TIRED. 11, RUNOFF SHALL BE PRINTED FROM EIKUNNC ALL STORM SOWER CA- 6ARHS PRONDIAG MET ME NOT NODDED MANS CONSTRUCNON, A'HW[ TONY SCWW CATION BASIS ME NECESSNR FOR SATE ORA'NADE DRAG CONSRUDOM. A SET PEKE OR SEDIMENT PRCTMMN DENCES AS DOOM SHALL BE WSTADLEI AND MNNTNNED MOI.VD ALL CATCH B.ISNS MANTL ME MCA TRMIARY TO ME CATCH BASIN 6 R6TORLD. 12. CRUDE ACMCA3 PROPOSED TO BECIN AFEN OCUBER 15 COAL AEOM[ AN APPAOYED PHASING SCxEOULE. THE MU OF LAND THAT ME OR HALL ALLOW TO BE DISTURBED It THS THE OF YEAR WILL BE S[VERELT UMUT). ME CITY PILL ALSO RECUM ADMONAL EROSION CONREOL OENSES. I.E. TEMPOILVIT SCOIPIT BASIS, OOAMAMI SEEDING ANT) HIGH RATES OF OPUM04 OF BOND SEED MD MULCH. 13. MOWN M FAEILTTIES SIN1. BE INSTALLED AND MMIOINED MOUND ME PWNETER OF ALL IAAM PDNOS AID WEDANDS WAINN D ADACENT TO THE AREA ro BE GRADED UNTL ME AREA TR191AA T TO ME LARE. POND W WETLAND S RESTORED. 11. M YRYMIZE WOSAON, ALL 5:1 SLOPES SHALL BE COVEIN_9 NMI MATERNL MPRMD T THE CTYS ENCIEERNG NUNN AM WATFASHED R31WCT. SUCH AS IX/M7 ISM CATEDRY 2 SNI MOWN CONMOL MANIEYS OM SHED 590. 15. - IUTIO" OF AL• SEOMCNT DOTTING "TORN SEWOAS, DITHOM TRINES. POLES ANO wSRINW STILL EE (C]IOPED PROA T0. CLANC AND AFTER CWREMN W GAUM. AC__ 16. ERO.CON CONTROL ITEMS AND DEAL SNWLD SE KMOVED ONLY AS DRECT D W ME OTT ATD /OR wATETbED. GRAD'NO NOT ES 1. THE CO- W 6 10 NOTT THE SITE, RLNDI ALL DNTRUCMN -ME- MD FEIN N:RI ME 1XVTNG C0.OFNNsL PINK TO BECAME, RE) ADDMOWL MYPdSADON WILL BE GVOI FOR WAR THAT COULD HA SEEN EFMi1[D W A SIM VSIT OR DxSTRULTnx DOCUMENT REVEL. T. H SMU NGROLID IVFORWTDN WAS RENAE) BY HAREM S. JONSON CO., INC (852) sBA -SIT, J, R IS THE CONTYLTCRS RESPERNM T M ASCEAFARI ME EOCATON OF ALL EDI:STNG UTIUTCS. ME CONIIAf.TOR SHALL NERDY ME LOCATION. OEV TON WD MAIN I EYTNO UNITES b HODS BEFORE CONSTRUCTION TARS. THE ENGINEER. MGH.TECT OR OM:OE DES NOT GUARANTEE THAT ALL MC UNITES ARE MAPPED. OR IF NAPPED. ME SHOWN CONRMYLY, CONTACT DINNER ONE •T 651 -A5A -0002 MR FIELD LOCATING EISRMG IATUTM DNLCT LTE1Y OWNER iF 0W OCCURS ME To COMSRUCON, PROTECT ALL CNIM0 STRUCTIAES AND UTUT0 CONCH ARE NOT SCYEDULED MR RDONPL 5. NOT'FT C'tt BJRONC NSPECDA BEFORE TRENCXINO AND EMANATION WORN COuMDCLS. ME CONTNCIDR SHALL O9IN•' AL APPLICABLE FIRMS AIR OR '0 TART OF COIMUC AI. 6. ALL SPOT EJYATOAB SOYA AS 57.50, FOR TRAMPLE. MF 10 BE UNDERSTAND TO MEAN EV.SC N0 SLUP[S ME TO dEEED 3:1 U FELT HCRZO•CLL TO : FORT NERRGIL) MUSS NOTED CMMNS[. 6. --CAA PMKNO NEfAS SH.VL - HYPE SLOPES IA AM OAE-N TAT DCEED 21L B PROVES POSM EAMAU PMM NIEJAWS A' ALL TREES. 1 MN CCNPLETON N ME GRADING AND UT.Utt A%RA, THE CR2LOPEi SHALL DIMITY MAT ALL CRADANG AND LIMY rDTN ALAS P MA_ N C. A� WryNtE - ME APPROJED RENDING AID N ITV :WANT. Av AT -BML! GYDINC M) .- PLAN 9Y:L BE SUENR I TO TAE O H FIT AEVEW AND OSTRB10.. 1 PR OR ro M,IANCE OF BYIDNG PWNMS. AL HECESSAW DOSE. CCNANOL DENCES MUST BE N RACE AND FLNCMNNG. ME CM ND WRRSAIED IF a INSPER }E SITE TO DTFAM'NE M SUTNER- M TRALONC ALTMTES P MC PUBLIC UFLMES MANE - BEN INSTALLED AT NOT POTENT, IT Y Be ICEMIM' M W.THNOUD MILE III PERNITS MR VARDUS LOTS TO ALLOW ME MNIDLTOR ADEMAU SPACE TO PERFORM MIS ROTOR. 12. ALL DEBRIS CREATED IV ME PROCESS OF ­TNT AND GRADING ME SATE SHALL BE REMOVID FROM ME STD, THIS INCLUDES TREES AND WAS. LHOER MO CIAMIISTANCES TXALL MS TYPE OF W . BE BURIED OR BRUITED ON ME SAE. 15. ALL TOP500. SHALL BE MAPS D AND SALVAGED MR RE- SREAUNC ON DE SF.E SO NCNES CF TOPDII - AFTER COMNCI',ON- SNNL RE RE -SARM PRIOR -0 SEEDNG MD MULNNG. EXCESS TOPSAIL. MAY BE ROTLXD FROM TIE SATE NAMING ­E 5 ADEOLATE TIPTOE PEDMNING S PROPERT FINISH THE SITE AS NOTED ABM. THE TOPSOIL STRIPING. STCC PALO AND RE- SPREADNG SMALL BE CONE W ACCWONNCE M MO HOOD V, THE APPROVE) GRADARO PUT AND SPEOECAMNS, 1 NL GRADING OPEN'IOK SHIL BE CO , I'I A WNxW M MYYZE :M POIENTAI FOR SAE WOSDN. EROSION CONTROL MEASURES SNAL BE A VSTAML1 TO PRENE•O SED YEl FROM RUNNNG OFF ONTO ADACO,T NOPERMES MT DAAULE TO A CNT PROPERIES NUS! BE CWETECTED ARE, R VT_ AS SOON AS P[RNTLON IS GRNPAED FARE. AD-M, PPOPCNV -MCI). 1 P CO.mu- TEN OF THE SITE wOEA PAO . MROUGA ME INNER MOVMS. ANT J6RA9FD MOST ONSaE ME L`_ TD .- ME M. RE �MAZY TABRLIEO FACIE TO WREN 1. AS MU.ORAAL ARCS RAND ®ro RELENT PAMEMENTS AK ro HUA C:AA 5 SASE INTEL ., Al OTHER ^ASED A- ARE ro BE SEEDED. SMWW .µEN PLACED. AND DSO- NULaEn NSER uU2HNG A SNOW uJLL -0NC I- BE OOHED AS MULCH WTENA: I- MR ME TW of SIGN So 1. ME MULCH MOR TREOUOI TIIE SNCN AND SI TO ME dPCSEO SOUL B. FROMM CROIYU IJ.EMAC SHALL SE OE -'NM S MULCH MATEALI SPREAD MR FACIEN GROUND. MULCH MAT[RAS TIAT D NOT PIERRE NC -ANCFOR NO = TIE 700. WY BE PLACED WITHOO MODIFCATNN. MULCH YATERAS MAT REQUIRE DISC- ANCHORING MAYBE AVCHFI® COATI MDTALVC SO 'L STAB LOSS W NAT BE FROZEN TO ME SOIL W APPLWNG WATER, AT A LSE OF 2000 CALICOS PM ACRE OVER THE HALM AS A SUBSTITUTON MR DISC- ANC.oRN'G. 17. TEE CONTRALTI SMALL UNT ME OSTURETTO AREA AS L. AS INIVNILL RUNNING WALL NOTES: LALL'W MD BOTOY EI�MHS DTM[�L1ND TO IE RESKRM GNNOC ONAITCS ON CEOs EI OF ME AIL 2. ME BORON ELEVAMN .S ME E;EVAT W O THE LON -GRACE SIDE OP ME All NO' THE 7D° ELFATDN OF - BORE) BLOCK COURSE D. ALL RETAIN EEG N•AAS SHAL NAVE PROTECTNE FDC NC AT Me TOP N'IETE ME VERTCAL HOGM MCE[DS TO MITI, REFER TO M IFFCNLl AID MOSCWE PUNS AND SPENNATONS, M ADJLAA BLOCK REINING WALL SHALL RE DESALTED AND CERInR ST A UCENSED PAORSSONAL O.ONICEA. DESIGN CLCUI.TDNS AND SHOP DLPINGS SMALL BE SAM TED b ME OwNW AND MCINECT ­11 10 CONSTRUCT, OF RNL POPE ASSOUATES INC 1299 ENERGY PARR Ditm ST. PAUL, MN ssloE a PH. (6511 NTN200 FAX 1691) 15424101 7500 YORK ASSISTED LIVING EDINA, MINNESOTA BKBMMN 1. EAOMRWS P-- os+�w� -� 0) a er 6n--^. MA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 GRADING, DRAINAGE, AND EROSION CONTROLPLAN I® GA PMIIT :Co PRELIM. DEV. APPLICATION 627108 HUD SUBMITTAL 2271,9 )Dd) a'i `) !kl W, ir.ImiE:l ; :i'EET 4A LLe ISO EI N SERE Ei tllTffi1'I2. cil tIE. R. 2LI! •s . W. 21252 -07142 trs t1 DOC OEM tj Tic SIM C60 z r I$ 30' 15 0 30' 60' SCALE 1' - 30' (�a:) �A5�1.6WN AVENUE SIDEWALK PLAN C2.1 N 40' 20• 0 40' 80' SCALE 1' - 40' 3 i i a L5._ S-, 9c'A 71: Ii 2 INBQRQUGH WAY siprWALK PLAN C2.1 - ROPOSEO PLAT. SYNBO_5 CONSTRUCT.. LINTS - - - - - E_.n ­CE iOPERY UNE - EAwnrt LNC (NPROX) - - - - - - - PROPLST CONTOUR -� / E1F'ATIDN LLxY - -- STORD, RWER G_I —1 �® DRNNAGE — ARROW --- CDNC EIDEYIA.R P sDA BOLHC 0 ST -1 1 ABBREVIATIONS NHN M CB Cale Born COxC ELLV OA-all0n p F.IainB ih PMaNN MoF Da•a,lP- LFF N FIeo• Eaw.sn YNmu n PVC PPTMFM G nlda R RRGIUa PCP RArTPF,rR C- a1a P MEYE] nITEs EYE. NOTES ARE DENO BY ® ON -LAN. N'RALL SLT FENCE. REFER TO DETAIL 2/0.0. G NRNL NULT SCO-ENT PROTECTION. R6ER TO ­L ] /MO. ASTA1 CONCRETE WAU( PER DUAL I] /CS.U. MLL A- COV CF UNA rAHDARM AND SPMFIGTGVS. NRNL PMESRAN CURB RAMP. REFER TO DEAL CoRNCT Nra DRIVING SDCWAUL w PONDNG OF DA .. B: AL10NE0 AT CON—ON. C CCOOORDRAR SUEWNR UYOLI AND MG'IOV OF iRSTRRG EIFCTRIC TRANVOWI S WITH THE DT OF PRIOR TO THE S'ANT OF CO.YSRYCIOV, REFER TO OETAL 1 /C4.0 MR DRK ENTWICE AND SIDEMWI. RDR,OVFf✓�Ngl�; ,. ALL LPOSION MND0. FADUTES SON'. BE . OF HE R ro EC SEE CNLC. 0- ERATD:S THE CTN ENGINEER ANN AID NG CEENM DEBON NUR BE TN_CO ,RVR COMRETpN Or THE IxSTNDUUE OF THE REOARCO EROSOX G UEETL FAMA AND PRIOR 1p ANN CARD A D NATCUU BOND COT. IF D. THE CONRB,CIDR E D, MR. C b SGEDUIE A PRE -CO1 COMDR pTR CRAULVC MCOTRCC Dl -ST[ w1IA THE Ott E AT AND 01 EIAC- DSTRCT. IF ONAGEO OR PEYDED DUP'NC COMSTRYCTION, Al EROSION CONTR0. IADU7TIES S,NL' BE IQSpe[p AN'0 N PUCE AT THE p0 OF FACTO G�. E. ATn EROSOV CONTROL FACUNES DEEMED TffCESSART BY THE CITY OR MATDEHED: SEMRL WING OR AFTER THE CRAdVO AC7NRE5. SHALL R IAEVAEJED AT TPE REDDEST OF THE Cl AI /DU wNF DO TIES SHNL BE TuOE FROM THE RpAlIONS SXOA'N ON THE A -MOOED GRADnO PU RTxIOUT M ONAA FRO' THE I—. •. FOR STIES DICATEP THAN 1. ACRL AS REOUAED BY THE MPG PDRYT REWIREMMTS. THE POVT NPLGNTR MIST RHEEP AN EROS.V COIfRO. INEPECTO.H REPECTON NLR BE —1 ONCE CORY 5MM DAYS AN0 WITHIN 21 HOURS AFTER CORY RNN MM. THE NSPECTON RECORD wUR BE MADE __E 'D THE CM AND WARISHEC NeIFRN N NOUPS OF REOUEST, 5. OM O SON CHANNELS 0.R F (I APCRARY OR PERNAxfTlt) SHALL BE ROUTED TO SCOIMEM11ON BASINS OR NPPOPRIAT MERV D:SSNA E0 PRRID, TRANSPORT OF SEDIMENT TO ­ TO URRAL CDF.`FYOIS AND TO PREVENT EROSION AND SEO'MMMOx WDC RUNOFF FLOMS INTO THESE 6. SFC ACCESS ROADS SHALL BE CRADM OR OTERREE PROTECTED MM SAT FE1.M. ONERSON C]AANIG . OR DRAYS AND -PEES TO PRMNT SEONCNT FROM DING THE STE VA THE ACCESS ROADS. ETE- ACCESS ROA05/GRNEMAYS SHNl BE SURFACED RTH CRUSHED ROCK WERE THET ACID DOING PAVED ROUWAR. 7. 5065 TRA MED FROM THE S. BY MOTOR MF - OR EEOUN.F E— BE CIFANED NAY M. PAVED ROAOMAT SURFACES. OR NOTE TtEOLDTLT B REOIESIED BT CITY CR WA"pbnED. ­OUT THE DURATION OF MNSTRLCTION. B. GUST MITROI MEASURES SIML BE PERFCRAED PFAIOOCALLY REHM CONIRTONS REWIRE AND /OR AS DIRECTED BY THE CITY OR YATFRSED. R. ALL EIROSOx CON. MEASURES SHALL BE USED AND MNTMiED FOR THE IION OF S!TE CONSIPUCTION. I —P CNS OR n'.AT'l- EVENTS OAYAOE OR NFMFERE TW THESE ERO510N CONTROL MEASURES. TNEY SNL BE RESTORED TO SERVE THEIR INTENDED I.NCTON AT TAE END OF EACH GT OR M SOON N TKM C"'C""' ALLOW ALCM 10. ALL CONSTRJCTOx MELTS OISTIRSED WRING CONE- RULTON SMNL BE RESTORED AS SOCK AS NOSS.EIE. MT AREAS RICH HAVE BEEN FINISHED GRADED OR AREAS i!AT NAVE 6EEH 017UREM AND FOR wXIOX GRADING OR SiE BUILDING CONSTRUCTION OPERATIONS ME NOT ACTIVELY UNDERWAY SwL BE SEEDED AND NJLCHE. AS SR FORTH IN THE FOLLOWIYG PAPA:gNIS ... to OATS: A. AL'_ SEEDED ARM SHAD BE OTHER MULCIM AND CISL- ANCICRM OR COrERED V FIBROUS BWIM i0 M=T SEEDS AND LIMT EROLOx. MULCH SHALL BE DSC-AVCHORM AND A IEO AT A UNFORM RATE OF NOT LOSS 7HAN Two TONS PER ACRE AND 101 DUES THAN ED, C=AGE 3. F NE ClUEED AREA 5 AMICPAED TO BE RE- DRURBCO /OMOPCO ­4 SR MONTHS. PRMDE A RM-ORMY VMETATVE COER MHSSTNG OF MINNESOTA DEWNE OF TRM3TVRIATOx (NxDOT) SENT MINTDR ,tC (OATS). OR 1CC (RNTER WHEAT), AT A RATE OF 100 PDU.IDS M ACRE ,,. F GRADM MEA COAL xM M DMLOPCO MA A -ppTO CRG-FR TGUN 9R 1.TTH5. PRONE ASTY- PERMANENT vECEATNE CRAP OF SEED LnYTURE COT +90 AT A RAR OF GO POURDS PER ACRE GRAO.NO dONJS OR TXE UuNA_MT SECLATES STALL BE RETN�IM UREA TURF HAS GERNEIATED AND S']RWLED A GO -W GRCMNG PERIOD. E. ALL COGS NAT REL E01 BE MOWM OR LWNTANCO AS PAR OF THE U�INAR OESG ,ELL BE PFRNANENRY REIGNED USVC SEED MURIURE M.VOOI ISO AT A RAT OF 70 "U"' PER ACJR U.AUS S-COnED ELS WERE W TIE CONSTRIICTgx DOCUMENTS (LE. ARCM:TCCTURAL STE PUTT OR LAVDECNE NLAN), PERNANEM TUNF RESTOMtt,M MAST OF ,AN /OGT SENT uIMRNE III (COMMERCIAL TURF CRASS) AT COTE Di 10 MAR S PEP ACRE. C. NNEVNFR DRIER EROSON A40 S ®MMT CONTROL PNLRCES ME BRAOEOUAT<A TOAPORNTT ON-SITE SCONENT BASINS THAT CONFORM TO THE GFUTMIA MR ON -STE DMTiON BASH SHNL BE PROV,DEO. 11 RUNOFF SHAD BE PRMNRO FRDA ENTERING ALL STDRM SEWER CATCH BASINS PR ING THET ME NOT NEEDED DURING MNSTMUCDDN. WHERE STORM SERER CATCH BASINS ME NECESSAAi FOR SITE DRNNATE DURING CONSTRUCTgN. A SAT FENCE OR SCONW PROTECTION OWCES AS ORAED SHALL BE In'RALFD AND L4WTNNED AROUND ALL CATCH WINE UM THE M EREUDRY TO THE GTCN BARN E RESTORED. 12. GRADING ACTMT'.ES PROPOSED TO BC'.N AFTER O GEEER 15 WU REQUIRE AN NPROVED P S:HG UNIER LE. TIE AREA OF LAND TEUT NE CTI DUAL KLDW TO BE DIRURRED AT THIS TOE OF TCM DULL BE SEIERELT UIDTM. THE CITY RAL AL50 REWIRE NXX TBIIAL EROSON CMTNL DMES I.E.. TEYTOPARI E IT BAS.VS CORNATCT SUOE•C AND H MRS OF NRIG7TDU OF BOTH SEED AND -IU 1]. AREA 11 COVTWL FAC 0 SHALL I BSEALLM MD NAI MGUI TTIE PCRIVDL OF ALL LaAS. RANDS AND wE -1.M1 RT-N OR ApIACOR TO THE AREA TO BE WONT UnTA NE AREA TREU TAT' TO THE WE. M40 OR WETUNO IS RESTORED. TO ND :t SCOPES — BE CD•ERM W:TH WIERML API -Rtnm P THE — OTCN6ERNC OM90H AND RATERSIED DSTPICT, 9TCN M Yv /DOT ]EID°GRGGY 2 STMT ETD— C.— E­_ OR RAH® SOD. ta. ACCUNMT.ON OF ALL SEDWII OC MRO& ITV STgN SIMMS. GIDDIED, W(ES PONDS AND WEF.AADS SMALL BE RENWM PRIOR W. WRVC AND VEER CGMPUEDUH OF GRA'RNG ALTITUL 16. EROSION CO•TNOL IRIS AND DIRGES SHOULD BE RDAOVED 0TH AS DaECTEO R TE CT' AND /OH WATD6HM. GENERAL NOTE: I. ALL DOSEIONS ARE TO FACE OF CURB UNLESS NOTED OTICRI 2. NO EIDERAK E TO NAVE MORE THAN A 2R CROSS SLOPE OR MORE THAN A SR UDGTU I ROPE A. MLLOW ALL CTTT OF EDINA AID NDKENDI CG - RULES. RM4ATON5 — —F —S RNEV RORNNG IN PUBIC RGIT OF RA`. a. NO POxONC p< WART TALL BE -GREG WHDE[ xEN _mr WTCFES NID Ei 0 PArIENI. POPE ASSOGWTES INCA off ENERGY PARK URNS ST. PAUL, MIN Ea1o"m PH. (6R) ""no FAKCNI).2] 7500 YORK ASSISTED LIVING EDINA, MINNESOTA BKBM ��mr,B ETFaNrrnsni�v°a.w°'�'A +xtx m mswr.P.x «: yR FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 PARKLAWN AND EDINBOROUGH PUBLIC SIDEWALK PLAN ITV, 04 PRELIM. DEV. APPLICATION 627RI6 HUD SUBMITTAL 227109 :Ta I ear Ts T e1 she +'< ITI��E. yf es i¢less a• a :E: Pe f s o I.e :i: E' P,TDS.;G. Ye .I :. IO. ,r_T k. 21252 -07162 NOT fr DGC Ncim ry TJC SHEET C2.1 1 .l I.I EX. CB I • _.. - - -- RIV =367.9 \. \' _ < Sw \V. 24_ \ W. - -EAST IIEILTRATION RPETS - CB 10. I C3 .2 ,C�A _R C8 CB 13 `\\ 7 2 Cap +\51.5 7.l - - - -`` .,, - , , I I A iri I % I I n 'etp -at' 1 1 �' I j ®'❑' _ 1 1 rFC I 964.pe CI v, SAV.� _ - -- - � I 1 C I II i I I I - - - -I _ \A FFE 87D.33 ll I EXISTING LFE= 858.02 \ TD 4 - - _ S• • IP .. IC.B. I'] ' ! J`F'+ Al IM =0.-5 70. uv.=BSZ � l I 5 ❑i 1 Mi 7 - NIP'I o I E CE RE RE II -- pi j X ❑ MH 2 ❑ b ' \V� !� WEST NFILITRATOF RIPE . EX. CB 1 5' 4 .. 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MMLSS NOTED OHE-7 5 w•TER MAN SHALL NAVE A uW MUM ORN OF CODA OF T S t1 -EDP OF .A-RR WIN 6 RROfOE TRUST BLWNNG M ALL WATER IA.bN PER Cm OF EJPN. AROM)E um -.Vlri IMF RES RANTS ON ALL BENDS ­EE. TEES. -1 AMD M'DR.M LEADS. SAM2APT SEWED RIRNG SNAG BE >'C SDP 54 ..DD, Nm. DlmfA15[ e SORA ECAIX INNO LN_ 5E CORRUGAIm HIN CENMT ARLYEDMEVE PPE (HD =E) uH � ACTED C TTATAtsE AL STCRM SEROT PPE T Is Q1FN)m TO iME I#MM1O O.R ROM DRAM EEMtS S TO BE P . STRR I E AIT WATRA^.-ORS - TO COORDINATE ALL WORN w11H W. ESCTRC TELEVSON •MD TELEPXONE CAMPAV'EE PRIOR TC 6TAA- OF CCMS- RJCIION, 0, F IDLIEMENE AS- N BOARD S- SE LAST ON ALL .ITJ PIPE SLABS SE MC NAG h[ SURD NG F TL_ 'FE -AS LESS LIMN 5 -FEAR OF COVED OV[R IE TOP OF PE DRIAN WRTNEN AF O FROM EHONCUT PRMR '0 INSALLATON N roLLaw •u cm oR mN. AND IExNEPN couNti sr.Nlawos AND sP-E xAnoMS, 2, RROR TO COISiR-ON, COMRKT As ARE TO COORD -TE ALL WORA WIINA RGIT OF WAY AVD OBTAIN ALL MPLCAEAE PERMITS. 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OP FLRE INCTE N UNE M •01N S -FEET OF PROPOSED BYAD •OLLON AL Cm OF - STANOAALS MO sREC'FICAWAS, © SFJB A NCH. OP JOMESK WAER SERNfI TO WIMN 5-REF OF ^RLPOSED BUIDARD. FO:LON ALL CRM OF CNA STANDARDS AND �EGFYATOAS. 1❑ NSTA_L 6-NCN - TM. FOLON A. Cm OP tDMA STANDARDS ANO SPmDIGATOM. Q 'N51A1 A-NCH w'ET TAP FOLLOW •LL Cl OF DON. VAFOMOS AND SPmDIGTiO.i. ❑P I.-I RIPE NARATION REFER TO JE-M 2 /00 O NSTA1 COST NOCATM VANE FOLLOW AL Cm OF TOM STANCMDS AND SPEC.F -S I❑I 'NET., I DO-FE R OF 6 -Fpm DIAMETm UMDEPGROURD IxRLT 1 P'PES. REFER TO DOTAL - I /GS.D. O 'NSTAIJ. 300 - 171' OF a -AWT DIAMETER UNDFRCROUNO INFL TARN PPES, RERP TO OCTAL 'O /..O. O 520 w12rX NiCV.IGA.AOWiu.FATIC IT�RN LEADAD T TO iI4 zT� 6FCO D IRJILRAD AT M'ERT ELEVATx1N ee3sO. CWRJ NATE ERACT LOGTwx. ELLV.nON AND PIPE IF If,DRANI` IS DWOJIroN SN21. FULLOw AL Cm OF, COw4 STANSARA A2Al -S. ER•HlE TO C FIRE NNSIML P NOT A[CFPTA9lE. HsTA1 vEIA NYORAYF. flClm l0 0 MP;S JLSNG CATCH BASIN CASII.MC RI10POSm R -M EL 1.1 • 3126- © 9 L9 CONTRACTOR. OOnrSUO 'MACTEm BUUDNZ ALAT­- TO BE LOwCAmeTO A.LOAT FOR NUMAC?IR�OL FOOTINA: iEFERTTO DETQL CIO, MO O ALL ROOF ORN.VSµ POPS N PAIRING MPA ARID LADSGVE AREAS. R6E' •0 STUCRIML MRC,VN4L D G,TE:NML PUNS FOR TRACT LOCATION. 3fR CE MM'S D DCi LS O AP TO START OF CO STRUCT'ONI CONTRACTOR S M POT QUE AID DEFEfluPE EXACT REVAIUN OR IXSTMG 5 -NCR SANT- SFACT ME N'C.r IS TO PREVENT NC1 11- ME CAISIVG SATwhRY SEATER AND .RCP°SED SDFTY SEWER %RING. a ��.l -FroA °F- OCOIEP ASOAE TNf6wER CE SCRMICfS �IHE - SA.� SERCES W NOT CONFUCT MM TIE PROPDYO s1ORV IEwEA PIING AND W',ATAN A MNNUu ® N- ROTOCiM'- VENATION OF EXTIELNG -CH SNeTATI SCWEN SRNCE 5 FEET FROM THE PROPOSED BUUONC ATAL IS RSJ.J- vZiTFY PRIOR TO STMT OF STORM SEWER TABLE STRLCNRE OF VTIFICATION' STRUCTURE D NENS'ON (. CHES) NEENAX CASTING TOP ELEVATION INVERT ELEVATION Pi PE LE OTT. CLVAETEP, SLOPE N NDR UPSTREAM STRUCTURE r.E. s.. .,L III. -0 "I'D s AI _ 1. F ,2 -NCR HOPE At I.DOa, -1 IDES i:P;IN :i FIX TO ru I /T5 N/. TAN IT -F. 1, °- -' ZL aSiA U _F. PF 15 -NU. JAPE w DST,. w 3 OR II AR A 25 s AA L it.tir °or° i -5A& OB6' P J D R. b 0. ITT Ncm TO DATA, V-D OR 5 AS -r +. .JVR, ro n IT wesm Ta mA: I/-- b A- - STRAPS OF t- XCPE IF P.SOw. YD A REFER ITT D- IR /OS.0 CN HOPE w awa. YD A RFFOI TD R_ WI S.. p Of IO EAT -A, O' e�2y ­­ HOPE a ObA. USI N' �ATOx NCIP TO DUAL 101- N/A X2'0° TTAT A S F Ls. , - x CN HOPE 6 ARDS. CB 11 a II N AT-- eN.Se e�Nc�,u "PEN p�'.D L,I�Dr vu ®I] - -NCH NDPE Al 0..O; OR I5 OR I5 OR I• b II-a. PARIT. SR. RW.N b J 0116 -NV ID2 A, aSOI b 15 IS As ­I. RN.:a ME e6T e s eu•e J 0.•'a- xrJ•'mrt a e.ww. n 10. XDPE . D.ww OR IT 4 1T A-255e -11, �� P• 10 1. PIT 1 UTILITY PLAN _ AE• - IAti ccr, ARa.o r0.._. AA \ C3. ESA sE FA. AL Fe S • �MEE M R- .yBC {, _ AR �� ICI.• . ' PIPE I P'G� �N51,_.2" SR. 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OR RCVED ECUAL • _LADS OE CAR'.vG PRE S4AL_ BE SET_E.^. YITH RI CAS AID NECTAR. CR JNR SEA„ SANG c_1 '.N CASING -1 L IS NOT ALLDWED. r4'\ �NSG PIPE INSTALLATION POPE A550CIATES INL Off ENERGY PARK DRIVE ST. PAUL, MN s m"t. P'L "") N?8200 F.Im) w !m 7500 YORK ASSISTED LIVING EDINA, MINNESOTA BTNUT AI A,RR r r.A�. k EyrA N ro �a�s 0.I s sJF MY�� b I FINAL DEVELOPMENT APPLICATION I NOT FOR CONSTRUCTION 4/24/09 UTILITY PLAN �.1RR 0.E inyi;D' PRELIM. DEV. APPLICATION 6/27108 HUD SUBMITTAL 212 C3.0 r.E. s.. .,L III. As o u b. 21252 -07142 s AI DOC i:P;IN :i Tic SHEET C3.0 f' �_ R =EP TO SH C2.1 FOR CONRNUATION OF I 1 SIDEWALK CO, 1RUCT ON ` 1 ' ' RIGHT -OF -WAY - RDSW'� � 1 / 1 1 ' - - - - - r - - NN - - - - - - NN NN NN NN - - NN - - - NN - - - - - - - - - 1 �� j _.. p s2 s]• 1 — - - — - - — - - — - - IE 1 j 1 1 , 8151- 6 C 7c OgCP 1 \\/ 1. 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C �1 O 0 - ..0 &M ° — I— ` ME y �❑ �:. �, ] FFE= 870.33 EXISTING LFE= 858.02 ,, ENNI-m- D i 1• j 1 1 , I DO 6 1 � ' 1 OROPOSEC PUN SYMBOLS LONSfRUCRG lMR owart uN. (AWRD2.7 . - - - -r. ROPERiT .ell � � r � RETNNNO wNl P Vpl[OUfT iIJU NMS CONCRET PAKNfM cP ssnAK .,,��LLL PEDESTNW. CURS RAMP / 1` Moles vvRrvc `, OFV� ) T "'NOTES: I Ens1On5 MC ro FACE OF [1.RB UNLE55 VCTEJ o c 3. CLA CLRB - O,.TTR E TE 0E Belt CDNCREIE CURB ADD GuTtcR UnIE55 nOifD OTNERMSf. J. n0 SDEWALR 5 To INK YDRE TNV A 3i CRO55 s E OR uDR- 'NW A 5R WNGTTUDNFL SLO C. roR PROPOSED BUROWO aS' EFE ro NC TEC JRN PLANS 5 M� TOYS COT OF E]I N if E N CQMrvNRUU�. RNT. Oi WAY -EN 1v 1- 1 P n0 POND nO OF -ER WRl BE A NEO WME>E Nfw PMU[M wit"FS MO Ut Er1YD P—EM ] ALL >ARKWO STA15. Ei F NANWGP STA,IS. ARE ro BE 9 FS .Dr e1 le FER LONG J/� BGRC MBREMAM04S BY Br4r"Ya C. B o al C [onvP1P R r El/ El QE C.W>i., r..Nw FaO. D IFE LR•r Pw. 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Cl. ­MSM Cr- III V- -1-S. G A DA -!• BAB S OR N.RE �O�' r" Rm.ESE) v c ­T, w.- - cr cR 'PCA. �'�l BEQW;g POCK CONSTRUCTION ENTRANCE 1��u "', 11 - POSIS ♦ B - BE f . f _OC. IS OR - ARD -EL -Cm POSTS. FOE­S ­1 BE 2- Nro � GR- GE BOTTON GECTEA- FABRC E EDGE OF DGE OF ­1 TRE.G� AND BACI_ -EI.A7.1. t 2 Sl"ATION FENCE NAAlMl G.. -E-Bl N- SOD.NT _. -_ CPcIllGN .1 /_C­Cl SARFER (27' CP 2'13') R11- - - -ERFORATED BAIR %E 1111E 1111 CP -A, GABVC S.- I B-CE E-E. I '. AN EAIM F.". _7 ­ED ON _N SLE 2 E%C`El-.AB-l`N vEF AV 1. ­E FABIG S:Ll MICE Pope AsSOCIATES INC ins ENERGY PARK DRFVE ST. PAU,,,N 5510"11. ("') "M200 FAX wo N iicm 7500 YORK ASSISTED LIVING EDINA, MINNESOTA IMMUM "I, DMP,... m.- APPLICATION NOTFOR CONSTRUCTION 4/24/09 CRqL DETAIIS 1.S =1 Er,:f. PRELIM. DEV. APPLICAT10N 6,27108 HUD SUBMITIAL I-A, 7r; .?v 6-ar t6! :'s l�E Slc:t Ei 21252-07142 DGC -1. Tic C5.0 EAlEl-G PIPE PPE C M 1 1-5205,-­ -212A OR ' LAL ILL CAST i ROI T-ID ­A _IECI SMIRESE.L OR EC­ CIS_ T-IG SSEEVE, STIILESS 1- SLeMS AU.- AS EMILN.' . C Da Ac CASI 11C. (ST­`SB) LID 1-3-C V- DATE B.C-C 111-P -ILL LKCS%REED El" C-REM B4OCI PLAN V nV OF -ER-END CJLAR RAVID �-T O'Ca an -E,cS SECTION A-A O.,. SLOPE OF WED SIDE. AL. B-O EA ST I'd CII), .5 CC W -1, _RSECT lE- O�;G -7./FT. - C,05 SLC'E S' -1. S_CPE S_­ N. I E, S=2,2! E----VA-01\ CF RAVIC 5/3:- 51. IS. I- - J_:c ... S_ El.R. AS, IX 3 ECyl Iml-ION DOWE SPACING �37rl- 1. PRS-17 IT ­11 N.­TERNL. ­Bi X A -N OF 7RAVo. MX BE NO T4- KDEMAN RA I RE_AT­' FlLA­ � 4' LAACK�. M__ - ­ElE_­RS IS 4W&i A-ICIE EX�. RANl 3 - A NZZAI B .1 Dt - - - FE - -1 .0 1 .." -CRIG -ZEN -V. TN- I- BE MI I.- E .-I AT _ES I- - I-- " - IGS/ I-D - A". - IE -1 ';L DEWO-SLE ­­ AT - DA-4 Ot CIRB. S %�,­,Gl A- GRA' -1.71T CC OR 5 , !7 w 0, C.- LCI .1, -, I-El OR 1-r- PRI_ f 12 PEDESTRIAN CURB RAMP ADA ACCESSIBLE I C= LoCA. 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FOE­S ­1 BE 2- Nro � GR- GE BOTTON GECTEA- FABRC E EDGE OF DGE OF ­1 TRE.G� AND BACI_ -EI.A7.1. t 2 Sl"ATION FENCE NAAlMl G.. -E-Bl N- SOD.NT _. -_ CPcIllGN .1 /_C­Cl SARFER (27' CP 2'13') R11- - - -ERFORATED BAIR %E 1111E 1111 CP -A, GABVC S.- I B-CE E-E. I '. AN EAIM F.". _7 ­ED ON _N SLE 2 E%C`El-.AB-l`N vEF AV 1. ­E FABIG S:Ll MICE Pope AsSOCIATES INC ins ENERGY PARK DRFVE ST. PAU,,,N 5510"11. ("') "M200 FAX wo N iicm 7500 YORK ASSISTED LIVING EDINA, MINNESOTA IMMUM "I, DMP,... m.- APPLICATION NOTFOR CONSTRUCTION 4/24/09 CRqL DETAIIS 1.S =1 Er,:f. PRELIM. DEV. APPLICAT10N 6,27108 HUD SUBMITIAL I-A, 7r; .?v 6-ar t6! :'s l�E Slc:t Ei 21252-07142 DGC -1. Tic C5.0 F x a �k I I � .,I� 4 j„ I I � I„ i i ) I 1 A C6.0 EXISTING DRA PAGE AREAS ORNVAGf ARG IMP[RV OUS ..DIG —us — (.ACRES) (ACIESJ TO'AL ARG (ACRES) 0 DU: (x.7]') CFSj SORV EVENT 0.7e I.E l.e S.A 6.Ie x 0.02 O,ex 1.x5 o.n o.x 0.00 E.. o.ae O.ix o.0 0.07 w 0.h 0 -79 10'• K 0.00 O.xe T.x+ I. O.xe .x1 D. O.O. 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TO E CONSTRECTD --VI TIE iDP Of TH- EX ST NO A.-O WNDE THEE MLL AESO BE ASSOCIATED PAiaNO AND OrJN/E WDSCAPE MOST E TIC CW eBEM SE OF ExD�mawwR.o riTnmATOx rEArWIS sOs DESIGN. TO MCiI RE NINE MITE CREOt xATORNEO ESRKI 1UlES NA 1�U;AlroNS NgM THE STONY WATR FDILNION PREYEM-0x PIAN EON THS PgplEC" CLUDCS THE CM. CXGIYEEPNO P,-S AND frE °ROJER NwIVA1 CIX1T.CiDR TO BIIPPLr ONS,TR— I PHASING NwRATIM EST'.WEO PRfLMFNRT .—ES OF ALL OICSXIN m NO SED.— CONTROL BMP'S ANRCIP M . .1 SONHT OF THE ,RD=` AND FOR TIE — OF THE —. D EOGTOH OF — tFHERE CONSMUCDCY 'LL BE PHASm TO IRN WE DURATON OF EXPOSE sal AREAS. cA.T DR IS N REYIEM MN ... PCUNM).v CO— ACENEIS NSTRIJEFONS FOR E APRTGTON FOR w NmNVeNfS Oa5�0.PDES/SUC105 ENL SNRYW a �v. v Z0 $ 40' 20' 0 40' BO' SCA l'- 40' ABBREVIATIONS Bua y.; mgsNwn. Pwrt. N °< BW BPnam el W. CB CR.SN BR. COWL E1 ., [l£/ C—.M- G N�v'.ngq M'qn W. er .evel .r It- MW�E.� m TIDOES fl:bncl P.SG.. D.—t. NEIL N.ImR- S — M PN7MrTl aC"b RCP RmlPrE. 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LNR, SEOILIENT ANO EROSION roMROL MAINTENAYCE PEAw— SE>IMLVT COVWIDI ^RACFCCS: WHEN SED W RG M 1/3 THE HE M frE .... THE Sm.w ..75T E RT IS) — xa HOUgS, IF PERIMETER SEDIMENT CONTRI NAS EEV D-NOED OR IS xw FLxCMMN'O PROPERTY, IT HOST E 1EDARED AND/OR RE% m — x. NOVRS PERIMpm ®.P MfA5W6 — NCUNE .1 FWCO✓D. CWSTRUC:IOx SIR vENIDIC EAR lrtATONS: A:L TWACA MDFENT OHIO PAY. 919fAL'6 SI BE RO NO "RE E 1Y It' 01 BY E179R OR TER$ iEOUE.N1tr It' REOU:Pm BY CITY OR wATERSHm. CONSTRUCTION EIrt DmATE M SW MATER DSCNAROE WE TO CONSTRUCTION DENATORIO WERARONS SMLL E MON'TORE> WI SEDIMORAT ON AND TREATED PROR TO ':SCNNE TO PMBuG STORM "N C TYEM OF DENATEIONO DISCH E W E A CONIUSHED E DPAYT' BAD F1Lr D.. POPE ASSOCIATES INC Ixss ENERGY PARR DRIVE ST. PAUL. MN ssic -,- PH. m.) ux swo FAx(es0s iiol 7500 YORK ASSISTED LIVING EDINA, MINNESOTA � ss.>amn BMBM ==vm=xla.xo 0 s eY eN�. n rIW n-a ty �ad .v r s r � mW iw�wr'�arWS.�.a FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 STORMWATER POLLUTION PREVENTION PLAN IDm BA Pn"E - PRELIM. DEV. APPIJCATION 6/2710a HUD SUBMITTAL 2/27109 ryE • :TiJI Da'Dia R. 21252 -07142 kD tr DGC mm 4 TJC SH Ef C6.0 F — --------------- - - -------- -- PARKLAWN AVENUE AREA "A" REFER TO PLAN SHEET L2 FOR PLANTING PLAN INFORMATION WITHIN THIS AREA tip I0 NO u- -ESS STATION ALTER-NATE Frr.N NS: ALTERNATE LIFETRAIL FITNESS STATIONS . . . . . . . . . . . . (MANLFACTURED BY PLAYWORD, SYSTEMS) SHALL INCLUDE ALL LABOR AND MATERIALS FOR INSTALLATIONOF STATIONS - CO.WLETE, -t INCLUDING CONCRETE PAD, ANY NECESSARY LOCATION OF THE FITNESS STATIONS SHALL BE xi FIELD LOCATED AT TIME OF CONSTRUCTION. LOCAL REPRESENTATWE: MIDWEST PLAYSCAPES, INC. 500 NORTH PINE STREET SUITE IN CHASKA, MN 55318 t TEL: 952-361-3504 FAX: 952-361-3549 011//o ALTERNATE: t LIFETRAILI)SI UPPER BODY CH — — — — — — AND STRENGTHEN ON AN—�� ajcac 'ATIO '"- STRETCH T \ AN r I I- CONCRETE PAD $ 6, 0 0 ���FETT,;A T ED U�, ST._ N 9_ LOWER � STRETCH It ON E; C� AN I F.1 1' CONCRETE PAD J > e a ---------- 0 0"! jV v AREA "I" r. zo. REFER TO PLAN SHEET L3 FOR PLANTrNG — — — PLAN rNFOR-NIATIONWITHEN THIS AREA < 4 so IN 1 OVERALL SITE PLAN Scale 1 40' Ir II Y —I POPE Assomus INC ass ENERGY PARK DRIVE ST. PAUL, MIN sstos-sus PH (651) "212W FM(,s0s.-..O, 7500 YORK ASSISTED LIVING EDINA, MINNESOTA Brauer & Associates, Ltd Imd Use R—IM.W D.ig. FINAL DEVELOPMENT': A-P---P-L--I-C- A T-1-0- N ------------ : NOT FOR CONSTRUCTION 4/24109 Overall Site Landscape Plan C.:d.b SHEET Li L I F 6' B69 ��I I i is — �NEp. ' O � NA Y W YL O 0 0 0 20 0o 1 AREA "A" LANDSCAPE PLAN \,.!:2/ " °' Scale 1"= 10' POPE AssOUATPS INC. ims ENERGY PARK DRIVE ST. PAUL, MN svoesns Pk(esgwi +zoo FAZ (es0 °ax�m� 7500 YORK ASSISTED LIVING EDINA, MINNESOTA I Brauer & Associates Ltd. P.nl:g and Design ]A'— ]Nm]tiu 19f9 neM MY SSw FINAL DEVELOPMENT: APPLICATION NOT FOR CONSTRUCTION 4/24/09 Area "A" Landscape Plan -10112's I rssim! �h �r SHEET L2 I THTI'GBED TO BE FD WITH 6' DEPTH OF S.�DDZD BE SELECTED Rvo—,T�.DF co,—, 1-1— 11-7 WAU.—E TIM. . ".—T — 711-1.1.1 Pl— GBED7011—t—IIED —I DEPTH OF M 4'DEP7 OF GZ I—MCAPE FABRIC (TYP) 07 I r�iv ; -1 I F- Art-- - -- 3'•h P �Mf Rd °o .xn`8 'Oiq Nd S.i _� _- _Y' - f S1 P—M, r Ilk Z- -1 POPE ASSOCIATES INC Rss ENERGY PARK DRIVE ST. PAUL, MN ssioe -sns H. (-SH 61[5[00 FAX 1659 6RH101 7500 YORK ASSISTED LIVING EDINA, MINNESOTA I 4 Brauer & Associates Ltd. IarM Use Planning aM DWgn FINAL DEVELOPMENT, APPLICATION NOT FOR CONSTRUCTION 4/24/09 Memory Courtyard Landscape. Enlargement Plan '.wf61R RFy9ivt L W OECME AR09TCI MSyCCn- >> SHEET L4 L — J p \ C6—gIETLPGATE0.5: J5'D'A�RTE0.a1E'TALL CO\YRETE PI.AlE0. 6'BL'C�S: BCICID.9 SHALL BE lHE S'a'ELLSFRIS'0 BE\'CX a'ATBXFEAIVNL: wATE0. iFAT1,'PE AHT EXA'J. C\'CLI,DE ALL IwBOR w:11 MA;'UFACIMIlY WAUSAU- :LE(N.ODEL RTIX INS I9'SLAT 2ffJGiTADELIIFACE HOL \T WTERWSFOR FLAAl9JLL \"GAD= TAL:l'O TFC R'w}Ei - •Tia196) EHLLL.'\— ALL —OR A;TI MAfERULEFORFLAQEME\TOF P:AYI ERE. EITMAVI .FA—EDBYJA\UECAFEF00.NEA.VD SHALL L\'CLLffi ALL LABORA9NATEAIALE FOR FEATL' YE- COMT.ETE,L\LLLD1. ( :)AQL'A%EIOLl11V0 w FFR BOWL O\STOAE TOL:'TAR: (.VIpOEL aWJJQ,(H - 1 'CLLT1C:G f— E.ECH PLANER NTTH Ii NCH DEPTH OF LIGHTLY COWACTED POTTL'G PXS—ATIO \OF— CHEEOE'TiD+C —7E PADS AE PTHGIED AQUA SC.VE LUIGEAQUABASN-(MODF1N9tJq. H) wWASCAPE AQUABASL\'ULTRA PL". Rii,1.GPH(X- SOILOVE0.A5lKT1DEPTIOFFREEORAL\M CLPSELE 0.EGATE(,.1 TO LOCALaEPRE4 =TAlNS Iw`DA- FO0.M4 • 95 :15LTHEGP.SS'E1.BASL\'CO�TAL\1' W- TCOLL0.RT8 ROC!f,S.SD"IA\DSCAOE Lw0R1C, SJCO"A:TYGD�I _ ATTI1AI.COLOR BEEELECTED BT ON'.\TR Ai TJMEOF L'[T10.9- CQ TwCF: ERJC SwA\'SO!1 DEL 911- ]5&1911 - 9LL�P'Oa'ORL,Ett.TO L\T.AL.TTWATERFFATLiE BIG'O\i AQCOSDIE'GSUM a' LOG[ 0.FFRESE.\TATNE I=AL Tw%.9fx- 1569111 APE SLTR6S SOLD AT NA\YIDGL a: T1ECAPB ESSCLDAFSUQNTI R'AIAA SU COATACF. MARK wwc. TA ]59 aA1FJ)FORD DRM1E SU`— ENPLT STORES Aa"LSC'9FE W! wQVALAK9 'AY OOIDG'vw..' M15913 TEL 15} S1:�651 sT. CHA91ES.65D: )S TFL (Y6)Bi1 -5511 eE .. FAL:151f1:4114 4. a A' S 12' 1 MEMORY COURTYARD LANDSCAPE ENLARGEMENT PLAN La 0 EN . -f— Scale 1/4" = P -011 -1 POPE ASSOCIATES INC Rss ENERGY PARK DRIVE ST. PAUL, MN ssioe -sns H. (-SH 61[5[00 FAX 1659 6RH101 7500 YORK ASSISTED LIVING EDINA, MINNESOTA I 4 Brauer & Associates Ltd. 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CITY TREE CODE REQUIREMENTS: THE PERIMETER OF THE NEW LOT ONLY IS 1470 LF DIVIDED BY 40 = 36.75 OVERSTORY TREES REQUIRED. THE TREE BREAKDOWN IS AS FOLLOWS: PROPOSED TREES: (10) ORNAMENTAL (29) COMPLIMENTARY (S) ACCENT 47 TOTAL PLANTING NOTES: I. AIL PLATTIN. BED95R,LLLRE PREPArtEO n" THE FO­ MAN�TR, - REMOVEDR ISA VEOPTH OF12ES➢FESORASRO -TIFVER - ROroTRL ro A SO.v.OBiTH OF IT P'CftES OR w5 LNDIG1Ep ON PI.wN3 —1CUNOMTE FYRT:LQFA Cx ie¢ FDG W NPlIE A ➢RICABHOEE DS NOVEAALLOLROCR9%O_ INSTALLLANDSWEFABA'CILA— —ETIESKMED T,N'STAL' N. I A3PERPu— DET�i�\USPECD M).S STALL SPECDD.D MULCH TO SFP.CIFffD o CNSMLL BE PLT.LED AWAY FROMSZNRrtAL�T(f Oi ALL NANTS. xA A @TAO. AND SPEC6 � OTARCroR31MLLIMTPIANTTAEF50R SILTLD5IN ^.w.NTLN'c IITSxIRMI III TTFY oR l1HER LT' NP6EE COICNHSTANCES ARE EVCGL,TEiFD .1L,CTDR SILLLL NOTOY vEMANDSCAPE ARSHTIECTGCNffDI MEn'SUCH P'STA. \YES ALL FANi MATERWASNALL EE T0.LE TO n1E1R SITNT.IiC N'M6 AN9 g1EF. A5C9:GT ®Ib'THE •. OWNTRRESE0.S' .EMGH'ro REVISEQ1A.TRIE .TTOUDGET—T1ONS. COYEMCTOR'S �TBm PR1655'HALLPREYArt Po0. ANY p1ANGF5 L' GUw, T.}ff 5. TRAC10RSHALLFIELDSTAREFLM'TINO ACY:--- TOFLAN. ­11—ANDS—AR-1 SHA1 AI ➢ROVEALLyLMTLOCATIUNS -OR To LNSTALL ,. TR RESERVES THE RRTMro NTO:G uY01.T ATTJHB OP LNSTALLAM N. 6 A4OL'ANTITlESTAKE PRECEOEN— EN-LES LANOSCAPEARCHR?LTSHALL MAREADASTMENTS To uYOVTTNSUC STA,'CES. BA95MEEDOPMnOLLB9L PALLPD A\LB LSPPED STO[R 9HwLL F¢L TF¢SO:L BAL�BE iRF =Oi!L: tLS, CIRCLTNO A\DGIXDLE\G. ANDTHE T MMR SHN.L NOT BE,v.OItE TNAV FOLRLNCF55 BELOW' TOP OF TIIE SOL BALL TMNSPoRi 0.00T59H.LLLBE TME Wil(f T0.11V113TEM OP. PLANTS. 501 BALLS MIbT BRE GCENL_L0NNO.NORE MAN IRAOFFCETER DLTID:PLA\TLVO P:TP'A'O FAMANMESQFOF THE ROOTS .VI.:A.N'DATDIESNE�DEEEPTHA WDDCx DIETGREWL-TIB NL'RSFAY. SGADY n4 smE ANDe0TT0.K Oi THE➢LANDTNG➢n, PIACE PIANi P'PU.YD,'G Pn ANDM MERNT3 VELL. WR" MEMLmA- ONFROMEET:ATB nR R00TBALLDONOT TJFT BY THE TRIINICA \D 00 NOTBRGSOZ DOSE' TTHEPOOTBwLL B T— ON1OLm .LTDTSTURBSD9011.ORTHOR000HLY NmACTED BACRTLL 301E SO THE TOP OF ME ROOf DSLIGHTLY AEOVE FL\TSHED OMOE i0 FJtPOSE RODTfW0.SOV Al: Blo —TO PRENENT•9lEN ERDLnO•. OROLVAL SOL RATS WAY TOT. TOP OF i1H¢ RDORALL. BIIGR VP CADS 01901 09068 ARE POOR O E 6FAVYCurs.SAN ;ORcO. ACTFDABACL•Bl CANEEANm[n.'.iE¢- IG 301L —ET MIRED ATM LOORIGINALSO:L DONO LSEPUT yAY SORf. REMOVE ALL ROCA9 AND 0 ®Al9 FRO %MCgFDl AND 111E WATE3 MN- AN'D BAC%iE_DAREV TO PIwNTSAW Flu V009. WIRE BASRR rgOM TI¢ro.:nona ROO -RAU Aw EBwCRFR1A "O LY PGNTI,'OmwfTI OPHOLNAI Mz ro SETTLE ILAN AND P FTLL `4�5 wGHLNTB'01IOU0.50PPUYTL'0 OLE OTDE9LPFORTR 1 PLA.VM'G DETAIL . ALL PLANTS LS NOTTOSw>: PLANT REQUIItE.MENTS: ALL pLANZ WORDI LLISTEDONTNEPIAN "SHAVE BEEN SPLECf ®FOR SPCLTCA gU@2\4TTE (912E, TEXTURE CO100. I'R.1 •END NO sUBSTTN 9FECIE9, WTIOUI'�HE wRCLrtEN [D,YETOFSniE ,YCAI6AROQTECT. BALLED AND BL'RLAPPED STOCK II I�I 1 CONTAA'ERS-OCA OIG THEI=: rongEETME6T"IANTHF FDGE OF---'.A- .1 S TH6 FLANS.—AT ME SANE DEPTH. AT R—1 THEY GREW W bR.NDInONAL➢uNTnc OFD PP3AMT:ON,SEE n.N REMOVE CONTAPT:B ryY cL -DING B,'ECFSSARn W ROOTS ARE OROWLNC M I S— AROUI.DTIIESOM MASS. 9E A XARP RNR6 ro smRE­TIEI a noon: NMERAREcusYsAc aET moss rx%- Iw-raN m ne 9Da MASx ON u:MARM SOIL OR MORq.GRLV CO—At SO" Tins ToP DFn EmanATFd:SHEDRA.DEDR S".._ eo E, NOTTOERCE1n Tw01NCMES. cvlLL➢LANmro RED wrtx omanAL soD. B0.GIL wclDDS DI SOV, m 9mISARE POOR (� 1BAVY MVS SAND, OR LDMPACTmL — YANVFERTLgERTOEVERO— BREESADSKK FuNT M GTESL'M4ER OR EMLV FALL . SIiREDDm WOOD 1CN, 3P.REDDPD WOOO MIfE. SMLLB�EP3TALLEDATAe'C'OM —ME DEPTHPLA LA,TFLA- NOBEDSTWHEPE JUNEA RD OIHEexTSM. PLANT9 NOI LNAyI.LNTNO BFDSeW,L IIAVEAr DU.MU[Ci?DAREw AROL. THEDASEOPMETR@ Tcx MA:L RF IL LED AWAY —.1.1 CONTACT — ME E TRUNEDR PLANT STEx .NLTGT@D AREA Si:M.L FOE%A Ry w O—FLANTS OR PGNDTRE EDS. L \TF00.4 DEPTH OF --- BE —OVFA LANDS —L FASAX N AREAS I CATER ON ME PLANS. L-ESS L\D:GTEO_ISE POPE ASSOOATES INC UgS ENERGY PARK DRIVE ST. PAUL, MN 111014", PR 1651) 6419200 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT. APPLICATION NOT FOR CONSTRUCTION 4/24/09 AR Landscape Notes & Details SC ABeb. R.yl:wea, IAADaAPE ARme�e- MR—TA mi® h halh SHEET L5 L I F VnDV AXMKII Ir: 1 2 t:UIIVt5UKUUUpI I MAT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + OVERALL SITE PLAN t.+ 1 °= 40' -0° zo' a GD NORTH L_ W D Z Lu Q Q J Y a I- LLI Lli LL vJ 'I'—^ Y VJ LL SITE DATA ZONNG DISTRICT: PSR -4 - REZONED FROM PRO -4 - BUILDING HEIGHT D A 4 STORIES ]MIN . R OLn MfNTS PROVIDED SITE AREA IIS,57B S.F. (27 ACRES) B1IRDING CDVERAGE 57.157 S.F. (481) (INCLUDES EXSTNG UNDERGROUND PARKING) HARD 511RfACE AREA 52.655 S.F. (27%) BITUM:NWS h CONCRETE ORIVEWAIS PAR NO AREAS CONCRETE SIDEWALKS USABLE LOT AREA ]0.555 S.F. (25x) GREEN SPACE LANDSCAPED TERRACE k PLAZA N.I.C. �I- IF_OFNH,�iT' 76.000 S.E (W /REWCTIpiS) 76 SENIOR DWELLING UNITS PSN -1 ZONING M:N;UUM SITE AREA PAKKING ON GRADE PMKING FRONDED 0.5 SPACES PER SENIOR DWELLING UNIT 57 STALLS B STALLS 1 RAGE PER P TOTAL M GRADE D PARNI PARI(ING REQUIRED 15 STALLS REWIRED ENCLOSED PARKING 0.25 SPACES PER SENIOR OWE111NG UNIT IB STALLS TOTAL ENCLOSED PARMNGTSTALLS REWIRED 17 STALLS TOTAL PARKING PROVIDED 62 STALLS °11E RAN fDFRAI NOIF9 A) 511E EfORKATId NA6 BFHI iARHI Tf1T 1 DIIE 6URVEr FTdPAlED BT NA�Q, DA> ®p�JA 7p®t terra ¢WnlACraR G ro rTFSr au 61rE rrowsATla ts3oFE xuDw CON5TNICIIDL NO WIF LIE I%M1EL'1 N LmrPYa (F /M DL'IGF7�410E6 B) l6EA TO 11E GE7ERAL IIOIE6 FCA IDEA APPLIfi)BlE KORUTl01 r / 3, \ 1 a 1 E1FTtlLLYI E1GTw OriO FOR 1 161 atm ar 1 0 \i C I –FEW 06MWT i\ rE10FJTED 14 DIG) -BEE NECK EXISTING GARAGE 1 1 0 I R ` I D `L 1 FEE aG FoR TREE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � 1 1 EDINBOROUGH WAY h /1 i I ) 1 I y `RBIwE 1 STGTw 6100P 1 D16K FE7n,E FxGrw -- arturrAG 1 .. n PARTIAL DEMOLITION SITEp PLANy 1.1 1 °= 40'- 0 °jf„IL NORTH pE}tLI6H EJ06Tw G1Ta FOR NE01 arm aD POPE ASSoaATEs INL ms ENIADV PARR DRIVE ST.PAUL,MNssl w PEL (fill) NYISOD FAIIIHOfMiIl01 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4124109 OVERALL & DEMOLITION SITE PLAN 1 ®rNl - APPLOETIO MENT APPLICATION +0/ =aOB Wti.w . 21252 -07142 hm h =4 MW.m SRW All F s�Te �, �nl NDim a ]RE KQi1ATp! 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TTPE i u❑ Yi1NE4Cllfa••D 6TOC 9tiHN - TYFE' I p Y+enrcn�o staE uotvY.+ a , PARTIAL SOUTH ELEVATION 2 3/32 " =1' -0" o s -4• +� o a'; . i LD..SLMR� 9.E%• Ol'-0e.• D.EV.. oo -e yr Y _ TO.lHt6A F1EV.. OI.1 LI' 10. 918LeeR —(17:V TIC 9 TD. RKA9Te8�Y POPE AssoOATES INC ms ENERGY PARK DRIVE ST. PAS MN ssi a is PN "'su -smo F.,.,.) —W. 7500 YORK ASSISTED LIVING EDINA, MINNESOTA FINAL DEVELOPMENT APPLICATION NOT FOR CONSTRUCTION 4/24/09 EXTERIOR ELEVATIONS i®r eid.: F WAL DEVELOPMENT 4125109 APPLICATION w.i.6 - 21252-0711* 0.4 O.W 4 Mw. %m smm A3.2 rb 1 To: Mayor & City Council From: Cary Teague Planning Director 11 Date: June 2, 2009 Subject: Set Hearing Date for an Ordinance amendment regarding accessory buildings in the R -1 Zoning District. Recommended Action: Set the hearing date for July 7, 2009. Information/Background: See attached Planning Commission report. KEFUK'1 %KhUL)MMtN UA 1-1UN Agenda Item III.B.3 Consent Information Only Mgr. Recommends F-1 To HRA ® To Council Action ® Motion ❑ Resolution F1Ordinance Discussion _1 1t'1r o� e 0 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague May 27, 2009 2009.0004.09a Director of Planning INFORMATION & BACKGROUND Project Description It has come to staffs attention, as part of the review of the proposal by Interlachen Golf Course to build a new maintenance facility, that there are inconsistencies in the zoning ordinance in regard to regulation of accessory buildings in the R -1 Zoning District. The following summarizes the inconsistencies: 1. Lots 9,000 square feet and larger are limited to 1,000 square feet of accessory buildings. 2. Lots less than 9,000 square feet have no limit on the size of accessory buildings. 3. Lots with single - dwelling unit buildings are limited to no more than 1,000 square feet. 4. Maintenance buildings are a permitted accessory use to a golf course, with no size limitation mentioned in the regulation. The intent of the ordinance is to limit single - dwelling unit buildings to no more than 1,000 square feet of accessory structures. However, provision #1 technically prohibits all R -1 property, including schools and golf courses to no more than 1,000 square feet of accessory structures. The proposal before the Planning Commission is a Zoning Ordinance amendment to eliminate the 1,000 square foot limitation for lots over 9,000 square feet, which would lift the 1,000 square foot accessory building limitation on conditionally permitted uses. The specific language from the Zoning Ordinance is as follows: 850.11. Subd. 6 Requirements for Building Coverage, Setbacks and Height. A. Building Coverage. 1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be no more than 25 percent for all buildings and structures, provided, however, that the combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 3. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. 850.11 Subd. 3 Accessory Uses A. Uses and facilities accessory to and on the same lot as a golf course, including maintenance buildings, golf driving ranges, swimming pools, tennis courts and other related recreational facilities. According to the strictest interpretation of the above regulations, Interlachen (and all other schools and golf courses) are limited to 1,000 square feet of accessory buildings. History The 1,000 square foot limit was added to the Zoning Ordinance back in the early 1990's. The intent of the ordinance was to address the issue the city was dealing with at the time regarding large accessory structures being built on property with single - family homes to store boats, RV's, lawn equipment etc. However, it appears that the ordinance was not codified correctly. The provision listed in Subdivision 6.A.3. was intended to address the issue. However, Subd. 6.A.1 states that lots 9,000 square feet and greater are limited to 1,000 square feet for accessory structures. Subd. 6.A.2, states that lots less than 9,000 square feet, would be allowed accessory buildings over 1,000 square feet. This doesn't seem to make sense. Again, the intent of the section of the ordinance is for single - family homes, not conditionally permitted uses, such as schools and golf courses. Over the years, Edina Schools, Braemar and Fred Richards Golf Course, Edina Country Club, and the Interlachen Country Club have constructed a number of 2 s r 1 accessory buildings that far exceed 1,000 square feet on their sites. The following list demonstrates the number of accessory buildings on R -1 sites that exceed 1,000 square feet: Braemar • 17,200 square feet of maintenance buildings. 30,000 square foot golf dome. • 40,000 square foot ice rink. • 25,000 square foot ice rink. • 28,750 square foot ice rink (93,000 square foot total ice rink facility.) • 35,760 square foot police /fire training facilities • 1,600 square foot concession stand. Fred Richards Golf Course • 3,600 square feet of maintenance buildings. Edina Country Club 2,500 square foot tennis court building. • 2,800 square foot pool building. • 8,000 square feet of maintenance buildings. Edina Community Center Site • 4,000 square foot maintenance /storage buildings Cornelia • 2,440 square feet of maintenance /storage buildings. Interlachen 13,000 square feet of maintenance buildings. • 6,500 square feet of other accessory buildings. The following accessory buildings have been built after 1992 without a variance: Braemar • In 1996 a cart storage building was constructed. • In 2001, an antenna building was constructed. • In 2007 the public safety training facility and storage building were built. • Accessory buildings and concession stands were also built at Courtney fields. Fred Richards Golf Course • In 2003 the two maintenance buildings totaling 3,600 square feet were constructed. 3 Edina CC • In 2000, a large addition was built on an existing maintenance building. Interlachen • In 1993 -94, the existing 4,000 square foot storage & fertilizer building on the site where the new maintenance facility is proposed by Interlachen was built. • In 1998, the pool house was reconstructed. At the time of the ordinance amendment, there was no discussion of existing buildings becoming nonconforming. Since 1992, no variances have been granted for accessory buildings that have been built on these sites. Conclusion To address this issue, staff recommends an ordinance amendment (attached) that would eliminate the 1,000 square foot provision for lots over 9,000 square feet. As written, provision #3 would stand on its own, as it was intended, and R -1 properties with single - family homes would be limited to 1,000 square feet of accessory structures. Conditionally permitted uses such as schools and golf courses, would not be limited to the size of accessory buildings. This is how the Code has been interpreted over the years, as demonstrated in the information above. Recommended Action Recommend that the City Council approve the ordinance amendment on page Al.) 4 r: 1 ORDINANCE NO. 2009— AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF ACCESSORY BUILDINGS IN THE R -1, SINGLE - DWELLING UNIT DISTRICT The City Of Edina Ordains: Section 1. Sub Section 850.11, Subdivision 6 is hereby amended to read as follows: 850.11. Subd. 6 Requirements for Building Coverage, Setbacks and Height. A. Building Coverage. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 3. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. Section 2. Effective Date. This ordinance shall be in full force and in effect after its adoption. To: Mayor & City Council From: Cary Teague Planning Director Date: June 2, 2009 Subject: Lot Division to shift the existing lot line that divides 4306 Grimes and 4201 Morningside Drive for the purpose of providing a 20- foot strip of land to 4201 Morningside Drive, the Morningside Church Deadline for a city decision: July 21, 2009 KLFUK'l /KECUMMLN UAT1UN Agenda Item III.C. Consent Information Only Mgr. Recommends D To HRA ® To Council Action ® Motion ® Resolution Ordinance ❑ Discussion Planning Commission Recommended Action: On May 27, 2009, the Planning Commission unanimously recommended that the City Council adopt the attached resolution approving a Lot Division 4306 Grimes and 4201 Morningside Drive. Information/Background: See attached Planning Commission report which includes the staff recommendation for approval and the Planning Commission minutes. wgt��r� owe U) PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague May 27, 2009 2009.003.09a Director of Planning INFORMATION & BACKGROUND Project Description Mr. Greg McCullough, is proposing to shift the existing lot line that divides 4306 Grimes and 4201 Morningside Drive for the purpose of providing a 20 -foot strip of land to 4201 Morningside Drive, the Morningside Church. (See pages A6 —A7.) The previous property owner of 4306 Grimes had promised to give 20 feet of his property to the church upon his selling of the property. The property has been sold to Mr. McCullough, who is now following through with the agreement. The church would use the 20 -foot strip as green space for a picnic and garden area, and the existing day care. Surrounding Land Uses The surrounding land uses are all single - family homes zoned and guided low- density residential. Existing Site Features The two properties are 36,842 square feet in size. The previous home located at 4306 Grimes has been torn down, and several large trees removed. A new home is planned on the site. This lot is currently 21,842 square feet in size. (See pages A10 —A11.) The property at 4201 Morningside contains the Morningside Church and has a scattering of mature trees. The church site is 15,000 square feet in size. (See pages A4 —A5 and Al2 —A14.) Planning Guide Plan designation: Low - density residential Zoning: R -1, Single- family residential Primary Issue Is the proposed lot division reasonable? Yes. The lines between these two lots would simply be shifted to allow additional open space for the church. The area being dedicated to the church is only 2,960 square feet in size. No additional lots would be created -These are two of the larger lots in the area, and the resulting change to lot width and area would still meet the median lot standards. (See page A2.) The resulting lot areas would be 18,882 and 17,960 square feet in size, both well above the 9,951 square foot area median. Resulting lot widths would be 119 and 79, both well above the 50- foot wide area median. Lot depths would not be altered Staff Recommendation Recommend that the city council approve the lot division as requested. Deadline for a city decision: July 21, 2009 2 41 City of Edina 4188 s12/ 11x0 OPrnBpacaB 4171 /121 4121 Legend Highllghbd Feature 75011500 140 44011370 472/ 170 _ 1300171441251212 �1� IIWW FA {0PM 4188 1120 400/4000 39123808 7128 ' House Number Labels 24 Street Name Labols 1200 420/ 4200 4201 07 /200 d7/7d313 47054201 4217/215 1113 20142014111 09 <20x /207 /200 41005 1007 8}9 ]915 4208 ./ City Limits 4701 4205 ITOS 1117 4107 1261 4205 4712 �l Creaks 4208 1711 4112 0211 1206 4209 4208 /213 1212 4209 4108 4207 4 (2041 4709 4276 Lake Names EJ 1711 4715 1216 1213 12/3 4218 4217 1219 4710 4211 /721 4213 Lakes E <2 18 4719 1270 4217 4220 17/3 4218 4215 4117 1211 H21 1278 1217 4772 Parks 4220 4223 4279 4228 1217 It19 1224 4219 117 0211 4218 4216 4219 4738 Parcel. (770 4227 4721 4226 22,- 4218 4221 4279 123U 4720 1221 1778 4277 1171 41173 4278 0223 1722 1227 1112 4227 4111 1211 4223 4225 4270 1225 4124 1225 4223 1111 4221 4225 42'`6 4277 74 1227 4237 4227 4226 4127 41227 1218 227 1300 21 4231 42)1 42141 1179 0777 I2J1 770 4128 4128 1229 It3t 4T7D /731 1218 4230 4229 4271 4308 1276 4133 4232 4235 1277 4233 4232 4277 4312 24 1176 275 1297 4278 4777 4211 4231 6245 4135 19277 4234 4236 0x39 4237 4320 0378 11 248 4230 41299 1718 0241 4278 —4239--42 4241 ]8 4210 4139 /32/ -4241—+-74326—j ZI 4277 0249 4247 4203 4111 4713 M 4242 4244 4245 1244 4245 4110 42 4240 4810 0 11 8 6748 1217 171_.4767 4750 �30B 4218 0119 4200 0719 1248 Q2Q 4352 QO4A4Ri9UEl� 0501 4415 421] dtOS 120, 4201, 13/342011 4'3014301 1 1 I I I I1 1306 I1f 1302 411611111107 4103 Co `. Ipp3797s 971 790) o 4411 14719'% r 3031 44-"�j 717 4JOY 1215 1211 4706 4117 4109 4105 4704 1307 �L .4001 7 381) 3909 4278 317 1. /306 1302 1721 1769 1 4211 111 0120842024200 1370 4316 1314 43 IJOT 1388 1317 6710 ll�ii79J8 �A71] 79x0 )9118 4288 79704 4406 4402 1334 4410 4404 4400 4228 421 4213 4209 4705 1J IJ11 00104608 1715 4016 4012 4006 4004 41018 4715 71 4280 7919 4102 7925 0 ItBd 1912 0744 1411 /3074303 4211 4207 !4321 4715 4311 101 0007 7911 71']918 3910 99'00 /318 4x-440944074487 0022 4007 21 V 4951 1 1756 1360 ; 'S 4 }1x 1100 (127 1116 4I64 0750 1110 0011 4401 (ois 4288 �S 1(ps. 1071 400:1\°°° 5000 3930 4sop '\ % 43g.v3654188420� 4200 Has x�((4101 4i21� >t 4370 4141 4106 4135 0 1000 2940 NO6 4407, 7903 4105 IHO 4409 6 3905 4407 4008 3911 4411 HII (017 <z78t1t 218 21 tl71 4111 117 4413 4416 4003 4s3B 4007 1T01� 4 1B y^' 4172 6116 77 N1B 405240/8 —J 4013401F. 4570 Ow %• 4210 21 v4"', Pan I 421146 1707 0051101 1225 12114717 41711125 41 }3 1107 4219� /501 4058 1507740614 {1667 (p(9 1015 24 /S31 4541 4536 4544 1540 1728 4278 4173 1508 150 0587 40310012 45(5 /544 454 U,-,4307 47011415 I5f1 4059 24 4606 24 4601 4700 42184116 1207 4111462"0 I'M 4.411 0 H124/18.41f04108 1024100 1711 41208 /601 4500 4600 /81602 , 460] (601 4506 It02 1/10 4174 4 101 1605 x1 24 14 7 1 18 810 4407 4588 7501 1500 ,247 /1501 r �� uaeam.mnms.c�.y.ln.xa csaus I50f 4083 408 1115 4501 /500 0501 1503 4 4608 1 �IC7 4811 6812 2( /626467/ y91�1r� PID:0702824430037 k o e, 4201 Morningside Rd ` Q • �, Edina, MN 55416 • 7A t1� • ;15 41 4215 9FANSON 57 4301 4213 4211 ,4209.4201 4103 1321 4169 <lifi cnz at99 4122 1120 %4176 4105 4194 4200 4101 A01, 5f 4406 4135 4410 vei Cup.icl�l L::: L6 aYL 1`7 'x 9 1 � of Edina 4231 4234 4139 4221 4230 4233 4234 4236 4233 4232 4238 4240 4235 4233 4233 4244 4247 4238 4246 4114 4234 4237 4237 El parks `¢y] 4239 j .r 4239 4240 4238 4241 4247 !!!a �y 4249 e 4243 4242 4243 4242 4245 42" 4245 4240 4247 4310 4246 4242 4146 47oB x106 4750 4118 4218 4200 km77N4YG5D£ fi0 4109 7101 437 4305 4303 I77 :7IOr5l 313 4711 I 4309 � H'31 4215I47i3 x211 4.1 4215 9FANSON 57 4301 4213 4211 ,4209.4201 4103 1321 4169 <lifi cnz at99 4122 1120 %4176 4105 4194 4200 4101 A01, 5f 4406 4135 4410 vei Cup.icl�l L::: L6 aYL 1`7 'x 9 1 � of Edina 4231 6229_ 4139 4232 4235 House Number Labels 4234 4236 4239 C,4 4238 4240 4243 4233 4242 4244 4247 4110 4246 4114 4246 4300 4017 Vol 401 15 113 4111 4109 /1074105 1103 x701 4307 4300 4311 4310 4312 4313 470 OOB 4314 4012 4000 4001 4316 4018 0016 1011 22 4020 <007 4011 4401 4013 00 4405 41 'mob 4021 m 1106 4407 4405 4410 4007 44T1 4412 PID:0702824430040 6229_ Legend ,. Y1 IV V 4231 House Number Labels Street Name Label. C,4 4233 N City Limltc Edina, MN 55424 4233 . r Creek. 4237 ❑ Lake Names Lakes 4239 El parks `¢y] 4261 D parcels 4243 4245 4247 4249 e 4300 4017 Vol 401 15 113 4111 4109 /1074105 1103 x701 4307 4300 4311 4310 4312 4313 470 OOB 4314 4012 4000 4001 4316 4018 0016 1011 22 4020 <007 4011 4401 4013 00 4405 41 'mob 4021 m 1106 4407 4405 4410 4007 44T1 4412 PID:0702824430040 / Ce ,. Y1 IV V 4306 Grimes Ave C,4 d Edina, MN 55424 ���.� T. n sP.0 e N 477/ 24 4270 4270 - 21 1]10 21 4211 4412 4408 4245 4400 - 1211 4205 4]00 4208 1217 4212 4226 4230 1400 4.15 4210 1217 4212 4232 4234 4200 4215 4212 4217 4220 4216 42f9 42k 4220 4217 4216 12211 1211 4421 218 4223 4221 -4227 4222h 4225 4270 4225 4224 4221 4227 4272 4226 1271 42>! 4229 427/ 4230 4237 I 4240 _420 no R­ D.- 11 236 _u]] 4272 4233 4235 4230 4234 4237 4237 42 5239 4240 4238 ® R 21Deuak o—q Unn astryl 4241- wM"J .Dm i -4242 1242 4242 t12- 1242- 4245 4M 4245 4247 -1710 -7/246 IN? 47th _tom 170/ 4211 - 1210 -1205 4200 ;ity of Edina 4424 4I23 - 4224 Z 422? /726 —4225 4227 4ZY6 4226 4230 1400 /206 4205, _ _ _42�8 4209 4232 4234 4200 IYOT 4212 4211 017 4210 4111 4r, IPtP 1211 uaa 5(M- oewmlm,n1Dm,:a-51 (217 4417 4214 1217 1271 - - 4219 1210 1216 4210 4227 4226 4222 4221 4417 4171 I22J 4220 — - 4ZZ3 4427 4424 4I23 - 4224 Z 422? /726 —4225 4227 4ZY6 4226 4230 4228 1228 4271 4270 4220 4271 Creeks EDLake 4231 4232 4234 -6232 -1171 4235 4234 4233 423 - 4233 Zoning —4236— -4239 4236- 4239 4236 4237 4239 <(M,m/ocwe�nlamM2l 4239 uaa 5(M- oewmlm,n1Dm,:a-51 ®moo 1240 4212 4N1 4710 — 4N7� 1742 1241 IN3 - - PDD -1 lPtannm Cen.,rartv'.Dmnr:e11 4N] 12" 4245 1244 -- 1245.._ -. /N7 4249 10}0 — 424? - IN6 11Q 4170 I1 f1- 4248 I 4240 _420 no R­ D.- 11 e61pD 1 1201 4205 ' 4201 1113411-1 1 1]7742D0170542O317O1 1102 4202 - 3913 3"1 3007 1]07 4408 4405 4103 1]77421] 12131 4115 4,11 IfO7 /103 /,707 3603 41}S 1117 1106 4103 /� t t 4308 1 470142061, X121214171)1101 4266 4202 4200 f -- 4� 4711 3976 382413925761 ,�f406 .b.110t 431642114210 �t ! R 4213 4311 4377 122 Y_ •`2410 I FIJI' L�±T _ 4070 1� 4313 4378 `.iL+! .�=, '1 ''. 11 �tts If31s I I ppj 42fs 1�\l �IOte /0161)12. ` -�+' pO7 I7Of 4211 �-� , � a348 ./100 H07 4/0.?IIOT + 1 \ ' l 40144010 IOOJ 4351 , 1 i \ , \ 1 /100 T uu \,� 'Itb st5 guof 42so (xf nM 1/60 _ to,s w5s -IO:fi( a6w _ 44of7 Ibt WI10O 1101 2409 400 - �..1_. 1 1 + 'siif �. wto 4063 2007 2370 lJ` \ , ` _ sui Ibe!_ 1+07 l -" ",4610 i•\ »n \ 4210 �T 1135 4210 f /111 /4412 \ , 14216•sif! �„�1� /T ufi IH7 wf� ale'',\ �01I i r/ /`/ 1101 V' H721/N IfOf 44/3 4213 11, 4217 - "_. 4418 -403] -1013 \ � 1341 Iofs� \ 14109 ly.en Palk 106! ,/'-- ioes N ssu X221 42274711 . /1os 1101 ts07 7�5' /l {/]j'��4125 4219 141121 NK11731fU 1107 /303 _�.•,IWT 'jt, 1177 I 1306 1307.. b55 b331pp \ / 1313 _ 4311.0 �_ _ __ 2,4 „ :o ®snMal. CM+Y1K,.Op606 aL5 __ PID: 0702824430037 OAr, e p 1; i e 4201 Morningside Rd �, 0 Edina, MN 55416 n,Lm 43 ZoNINO Legend House Number Labels Street Name Labels .1 City Limit. Creeks EDLake Name. Lake. Parka Zoning APD IAY +e n'ae�w PrcTq Om+cl OMoo <(M,m/ocwe�nlamM2l ■ uaa 5(M- oewmlm,n1Dm,:a-51 ®moo o- 6(Mtme Dw1a n+DS ej OPw* ■ PDD -1 lPtannm Cen.,rartv'.Dmnr:e11 ® xo- 2(faannmce'. m D__ 21 ®MD. 51Plannmeennnvalamt 31 ® MDAIP -nm cwnnr .Dm--A OPiDip nm A4uerv.D -1 l D - I(PMnnm ONmomm -+1 POD .21PU OH.m D-.-21 ■ no R­ D.- 11 ® :Pennm PRO -2 PUnnm Reaen+ amr� -t.zl ® ►RO- 51PUnnm RnacM OmretA ® PRD41�2nnm Rmaent0mrpil ® no 51Ptmnm R-1 Dm- 51 . PsR- 4tvm�nmsmo�Re:ae.Q -a 1-1 Rt(Snplc O.ai.:na UnnOm 31 ® R 21Deuak o—q Unn astryl ORMDIR": wM"J .Dm i ❑ Parcel. ZoNINO y ' L I ; t r U � x k Wl y 61 MORNINGSIDE ROAD 0 a 0 n FD IP 0.41 FT. N0. FD IP 75.0 909.1 FD PK 74.9 910.9 D IP 0.2B FT. SO. of O1 i N89'52'54 "E 906.3 74.9 223.26 O1- - - - - - ET IP FENCE 148.25 "x" IN 906.9 I I SCALE 1" = 30' LOT AREA: 22,233 SQ.FT. HOUSE AREA: 1,594 SQ.FT. ADDRESS: 4306 GRIMES AVE. Tj 75.0 �S yo 33 90 �dSE I w Legal Description: LOT 2 EXCEPT THE WESTERLY 75 FEET, 3 9076 .0 2 50 GAR. u rJ� w 'a GRIMES' HOMESTEAD `c0� � 908.4 I�EM� M � HENNEPIN COUNTY. MINNESOTA. 18 ° 909.2 i1 9.000 m o :.. w p O 1 0 Z 6.0 2 .... .......... 6.10 XISTING 00 ...... HOUSE ... ...,� _ Of c� 904.0 DENOTES EXISTING ELEVATION L 9os.D o ................:....... FFm 911.83 N ... 20.60 0 09.00 908.6 70.56 908.9 f v1 908.5 Sa9.454s"W SET I 25.15 ET IP FD IP 49.9 FO IP FENCE FO IP 0.35 F 1. EAST FO IP 0.56 FT. SO. 900.21 901.5 GAR. I NEI®Y mITPY TNT - PUN wm PI®uaT er u[ a UZI " "1 T WeIL MY 0--mmm 91PN1 \t9011 AND TNT I AN A M&Y ROBE FLAIMDn -I UIO swlcwe ua>rgn wo smcYTn u T P NCompnNY, GINEERING uws nc SAE6 A. INC. m... P. oa+" IP 1000 Usr Iua sTRiT, sR�NSMLLE IOM60PA sssn PN ux-amo L-- I- FO IP 30.00 -ARE. Par _ GREG MCCULLOUGH ASBUILT SURVEY o1L 5512 McGUIRE RD. MINA. MN. 55439 Ex14STiu6 L OTS MORNINGSIDE ROAD O ° I 0 n FD IP 0.41 FT. NO. 906.2 FD IP 75.0 909.1 FD PK 74.9 910.9 8 FT. 50. 148.25 'X" IN SIDEWALK I SCALE 1" = 30' ADDRESS: 4306 GRIMES AVE. PARCEL A AREA: 2,968 SQ.FT. PARCEL 8 AREA: 19,265 SOFT. I^ zo ECHURCH O1 HOUSE AREA: 1,594 SQ.FT. 904.o DENOTES EXISTING ELEVATION I II 911.2 906.9 N 89'52' 54 "E S89'52'54 " W 906.3 74.90 NORTH LINE OF LOT 2 148 5 904. rn I ET IF NC w ET NE COR, LOT 2 .b Legal Description: O CONCRETE DRIVE � � N r'1 o PARCEL Z PARCEL A t) SET 11 W Tte Nam 20.00 kr aye fdaMrq dewln.d IySPe1M 75.0 O N : I La 2, ..0 ft d" MOD hei cwNES FiUESTFlD, Fkxslevi• ca.W. A4naeae N89'S2'54 "E Z Q 907.6 23.50 Widl�w -wly a me W-ft das.W k. �C/ 3 °GAR. 908.0 1+0VSf 7!}�S w ¢ doroem"ermreadalaz+Y.o..-med, dsl1 of ,^ e9dM 52-. -54-- d.wr,rw0.nwft Ivwu,e1®a..ar.11�sw �r O ... n 148.35%dW 9r par a W&i "a -id I-b he& -ftd: tlwin S- &0dw-70 `J N R N 7.8 908.4 6 N l ow. 20 w4 End m dda a 2M Lr to Rr soLb We of sad Nam 20.00 keta PARCEL ✓ 909.2 Ir_ M l7 `a12 edYdfns 9en lemweYG 00 6.0 20 u' 9.000 .�::. �.... n O �_ I L 0 T 2 HOUSE .... z PARCEL B 909.0 0 ..". � FF =911.83 `= 20.60 0 0° 9.00 70.56 to 2, nmept uro w stets 7s.99 1e4 c;ranFS I�a�s7�n. N .a• Ca+rr, wlnssam. 908.6 908.9 Fxoep tllr p9d ve9dllss ealwy ame folonoq desahed tme Cannend'q r tte fla1114651 asnerr s4H Lr Z mwce m sn aslsTed EePIt14J d Soan a 908.5 I 99 de9fees S2 rt"sW 54 se_ds r L kH Vilsb6edesa�0e 5a�Ode9l11 589'45' 46 "W SET 148.]5"to 0e pe"4 a IxpYSWq 903 F; .1rIrB5 20 secars Eer . Dia- r20 D0 fed W me sate N. rseid Natn 20.00 fW of 25.15 I ^FENCE FD IP 903.5 La29nd srd MUere lemsDrm. kF.IP 4979 FO IP ENCE FD IP 0.35 F E7GAR- FD IP 0.56 FT. 50. 900.21 901.5 I 30.00 1 NfT®T !9lIiY MAT TH9 RAII MAS flEN90 vn[PAAFA faL "su °T "` °" T I "" °""" GREG McCULLWGH CERTIFICATE OF SURVEY 2L DgmEm ROBE nir►e °.e9msvae s flmh9afl Aflo Ar I a A kr u LAro �^�a,�rD14xn T x 5512 M.GUIRE RD. FRI ENGINEERING uxsp�: SANi.�F~. EDINA, MN. 55439 COMPANY, INC. w..r,,bvaa LOT SPLIT 2 wpm DoiNA L 11_1400 [AST IMM SIeRT, AHISMaE YNNE90TA SVS) PN I]I -]ClO PRo�os��D LAYS GR��D %} iN6 71 PLA► •v' ROBE CONSULTING ENGINEERS, ENGINEERING PLANNERS and LAND SURVEYORS'. COMPANY INC. 1000 EAST 146th STREET, BURNSVILLE, MN 55337 (952) 432 -3000 EXISTING PROPERTY DESCRIPTION (4306 GRIMES AVENUE) Lot 2, except the westerly 75.00 feet, GRIMES HOMESTEAD, Hennepin County, Minnesota. NEW PROPERTY DESCRIPTION (4306 GRIMES AVENUE) Lot 2, except the westerly 75.00 feet, GRIMES HOMESTEAD, Hennepin County, Minnesota. Also excepting therefrom that part of said Lot 2 Which lies easterly of the following described line: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 52 minutes 54 seconds West, along the northerly line thereof, a distance of 148.35 feet to the point of beginning of said line to be described; thence South 0 degrees 30 minutes 20 seconds East a distance of 20.00 feet to the south line of said North 20.00 feet.of Lot 2 and said line there terminating EXISTING CHURCH PROPERTY DESCRIPTION Lot 1, GRIMES HOMESTEAD, Hennepin County, Minnesota; except the West 150 feet thereof. NEW CHURCH PROPERTY DESCRIPTION Lot 1, GRIMES HOMESTEAD, Hennepin County, Minnesota, except the West 150 feet thereof. Also the North 20.00 feet of Lot 2, except the westerly 75.00 feet, GRIMES HOMESTEAD, Hennepin County, Minnesota Which lies easterly of the following described liner Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 52 minutes 54 seconds West, along the northerly line thereof, a distance of 148.35 feet to the point of beginning of said line to be described; thence South 0 degrees 30 minutes 20 seconds East a distance of 20.00 feet to the south line of said North 20.00 feet of Lot 2 and said line there terminating. I hereby certify that this plan, specification or report was prepared by me, or under my direct supervision, and at I am a du Licens q Land Surveyor in the State of Minnesota. Russell P. Damlo Minnesota Registered Land Surveyor License No. 19086 r , �: r• .l - - -- - ilt 0 :0 �4^ Axon �- r' �_ ,_ i .� � �...� _ ,/ 1 ti IA. 0 L' ` f �j A w9�1j� o� e F h RESOLUTION NO. 2009-53 Y o APPROVING A LOT DIVISION OF pro ay 4201 MORNINGSIDE DRIVE AND 4306 GRIMES AVENUE A" dA WHEREAS, the following described tract of land is requested to be divided: City Of Edina DESCRIPTION OF PROPERTY SURVEYED 4306 Grimes Avenue Lot 2, except the westerly 75 feet, grimes homestead, Hennepin County, Minnesota. 4201 Morningside Drive Lot 1, Grimes Homestead, Hennepin County, Minnesota, except the West 150 feet thereof. 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: 4306 Grimes Avenue See legal descriptions on attached Exhibit A 4201 Morningside Drive See legal descriptions on 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 _ day of 2009. ATTEST: Debra A. Mangen, City Clerk City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com James B. Hovland, Mayor 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 - 826 -0379 RESOLUTION NO. 2009-53 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 , 2009, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_. City Clerk Exhibit A NEW PROPERTY DESCRIPTION (4306 GRIMES AVENUE) Lot 2, except the westerly 75.00 feet, GRIMES HOMESTEAD, Hennepin County, Minnesota.' Also excepting therefrom that part of said Lot 2 Which lies easterly of the following described line: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 52 minutes 54 seconds West, along the northerly line thereof, a distance of 148.35 feet to the point of beginning of said line to be described; thence South 0 degrees 30 minutes 20 seconds East a distance of 20.00 feet to the south line of said North 20.00 feet.of Lot 2 and said line there terminating Exhibit B NEW CHURCH PROPERTY DESCRIPTION Lot 1, GRIMES HOMESTEAD, Hennepin County, Minnesota, except the West 150 feet thereof. Also the North 20.00 feet of Lot 2, except tie westerly 75.00 feet, GRIMES HOMESTEAD, Hennepin County, Minnesota Which lies easterly of the following described liner Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 52 minutes 54 seconds West, along the northerly line thereof, a distance of 148.35 feet to the point of beginning of said line to be described; thence South 0 degrees 30 minutes 20 seconds East a distance of 20.00 feet to the south line of said North 20.00 feet of Lot 2 and said line there terminating. Vic. Y\a� 211 2oog 2009.0003.09a Lot Division Greg McCullough 4306 Grimes Avenue 4201 Morningside Road Planner Presentation Planner Teague informed the Commission Mr. Greg McCullough, is proposing to shift the existing lot line that divides 4306 Grimes and 4201 Morningside Drive for the purpose of providing a 20 -foot strip of land to 4201 Morningside Drive, the Morningside Church. Planner Teague explained that the previous property owner of 4306 Grimes had promised to give 20 feet of his property to the church upon his selling of the property. The property has been sold to Mr. McCullough, who is now following through with the agreement. The church would use the 20 -foot strip as green space for a picnic and garden area, and the existing day care. Planner Teague noted that the two properties are 36,842 square feet in size. The previous home located at 4306 Grimes has been torn down, and several large trees removed. A new home is planned on the site. This lot is currently 21,842 square feet in size. The property at 4201 Morningside contains the Morningside Church and has a scattering of mature trees. The church site is 15,000 square feet in size. Planner Teague recommended that the city council approve the lot division as requested. Appearing for the Applicant Greg McCullough Commissioner Carpenter disclosed that one of his partners is affiliated with Morningside Church and recused himself from the discussion and vote. Commissioner Carpenter left the chambers. Applicant Presentation Mr. McCullough addressed the Commission and explained he has worked closely with the church on this process including the re- grading of both properties. Mr. McCullough asked the Commission for their support. Commission Action Commissioner Staunton 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. ro ow a � 0 To: From: Date: Subject: REPORURECOMMENDATION Mayor & City Council Mike Siitari, Police Chief 01 June 2, 2009 Resolution No. 2009 -54 Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment Agenda Item III.D. Consent Information Only ❑ Mgr. Recommends To HRA ® To Council El Motion ® Resolution ❑ Ordinance ❑ Discussion RECOMMENDATION: Adopt Resolution No. 2009 -54 approving the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of July 1, 2009. INFOBACKGROUND: The mutual aid pact permits agencies to share law enforcement resources with other agencies in Hennepin County. The rules and procedures for using mutual aid are spelled out in the agreement. The agreement has been in place since 1968 and was last updated in 2001. The current changes modify language under the procedures and liability sections. The City Attorney has reviewed the proposed agreement and recommends approval. RESOLUTION NO. 2009 -53 ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNAL AND EQUIPMENT OF JULY 1, 2009 City of Edina From the Hennepin County Chiefs of Police Association Mutual Aid Pact WHEREAS, the City of Edina has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police Personnel and equipment; and WHEREAS, such agreement was most recently approved by the Edina City Council on June 2, 2009 and WHEREAS, the participating governmental units have determined that it is advisable -to clarify and update the language of that agreement. NOW, THEREFORE, be it resolved, by the City of Edina that the Joint and Cooperative Agreement For Use of Law Enforcement Personnel and Equipment, ( "Agreement ") dated July 1, 2009 from the Hennepin County Chief's of Police Association be approved; that City of Edina is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement and that James B. Hovland, Mayor and Gordon L. Hughes, City Manager are authorized and directed to execute said Agreement on behalf of the City of Edina as a participating member of the Agreement. Dated June 2, 2009 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 June 2, 2009 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 EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com City Clerk 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 -826 -0379 MUTUAL AID PACT Effective July 1, 2009 FOREWORD The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and i Equipment in Hennepin County ( "Joint Powers Agreement ") was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other.. Each agency is responsible for entering and updating available agency resources on line in the RAPID Database. The,general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back -up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or responding party. Each agency should acquaint supervisory Personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid was requested and what type of assistance is being provided. Hennepin County Chiefs of Police Association Mutual Aid Pact - 1- Updated. March 2009 Furthermore, each officer within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. Management of a mutual aid situation specifically remains under the control of the requesting party. The sending party retains direction and control of any Personnel provided. Yet, the sending party must coordinate with the requesting party the law enforcement assistance provided. I Time commitments for mutual aid requests: While there is no hard and fast time limit, the commitment of resources can be taxing on agencies. In addition, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance. Especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriffs Office ( "Sheriff') has again volunteered to serve as the administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. The participating parties to this agreement are solely responsible to update their available resources in the RAPID Database. The effective date for the new Joint Powers Agreement is July 1st, 2009. This date was established to allow enough time for agencies to receive the appropriate authority and to provide some finality between the old pact and the new pact. When a party elects to enter into the new Joint Powers Agreement, their participation in the former pact will cease on July 1st, 2009. Some agencies may elect not to participate in this pact; those agencies would be bound under other mutual aid agreements or state statutes. Hennepin County Chiefs of Police Association Mutual Aid Pact -2- Updated: March 2009 0 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ( "Agreement ") is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and Personnel, including but not limited to, licensed peace officers and non - licensed Personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. "Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Hennepin County Chiefs of Police Association Mutual Aid Pact Updated. March 2009 -3- LE Subd. 6. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee. Subd. 9. "RAPID" means the resource database available'; at rapidresource.org. III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to, become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. Approval of this Agreement by a Party shall be evidenced by: ♦ for a municipality, a resolution adopted by the governing body, or ♦ for a non - municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at Hennepin County C h i e f s of P o l i c e A s s o c i a t i o n Mutual Aid Pact _ q _ Updated. March 2009 0 their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party. Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct Personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back -up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The personnel- and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Party withdraws assistance. Subd. 7. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. Hennepin County Chiefs of Police Association Mutual Aid Pact Updated. March 2009 .5- 0 V. LIABILITY Liability for Injury or Damage to Responding Party's Personnel or Equipment Each party shall be .responsible for its own personnel, equipment and for injuries or death to any such personnel - or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Responding Party. Worker's Compensation: Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel while they are providing i assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Damage to Equipment: Each party shall be responsible for damages to or loss. of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers,. employees or volunteers. Liability for Injury to Third Parties or Property Damage of Third Parties The Requesting Party agrees to indemnify and defend against any claims brought or actions filed against a Responding Party or any officers, employees, or volunteers of a Responding Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of assistance pursuant to the Agreement. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes. For instance, under no circumstances shall a City or County party be required to pay on behalf of itself or another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for a party. Hennepin County Chiefs of Police Association Mutual Aid Pact -6- Updated: March 2009 0 The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. Nothing in this Agreement is intended to constitute a waiver , of any immunities and privileges from liability available under federal law or the laws of Minnesota. VI. EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1st, 2009, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1st, 2009, by providing the necessary documents to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 2001, that provides for mutual aid. The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty- (30) days' written notice to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). H e n n e p i n C o u n t y C h i e f ' s of P o l i c e Association M u t u a l Aid P a c t _ 7 _ Updated. March 2009 R55CKREG LOG20000 . CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 1 - 5121/2009 - 5/21/2009 Check # Date Amount Supplier/ Explanation . PO # Doc No Inv No Account No Subledger Account Description Business Unit 322364 5/2112009 118261 2ND WIND EXERCISE INC. 850.94 AB BENCH 211689 22- 016895 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 850.94 322365 512112009 100613 AAA 23.50 T E PLATES 211757 051509 1553.6260 LICENSES & PERMITS EQUIPMENT OPERATION GEN 23.50 322366 5/2112009 102971 ACE ICE COMPANY 64.00 211459 0801976 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 102.60 211460 0801881 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 92.40 211461 0801878 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 57.20 211767 0722120 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 39.80 211768 0722119 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 356.00 322367 5/2112009 102336 ADAMS, MICHAEL 164.91 UNIFORM PURCHASE 211495 051209 1301.6201 LAUNDRY GENERAL MAINTENANCE 164.91 322368 6/21/2009 117037 ADI MEDICAL 93.00 NITRILE GLOVES 211369 0061911 -IN 1400.6610 SAFETY EQUIPMENT POLICE DEPT. GENERAL 93.00 322369 5/2112009 111228 ALDEN POOL & MUNICIPAL SUPPLY 1,111.86 PUMP 00005274 211370 801070 5915.6530 REPAIR PARTS WATER TREATMENT 1,111.86 322370 512112009 102575 AMERICAN PUBLIC WORKS ASSOCIAT 141.25 APWA MEMBERSHIP FEES 211542 612495 -2009 1260.6104 CONFERENCES & SCHOOLS ENGINEERING GENERAL 423.75 APWA MEMBERSHIP FEES 211542 612495 -2009 5919.6104 CONFERENCES & SCHOOLS TRAINING 706.25 APWA MEMBERSHIP FEES 211542 612495 -2009 1280.6104 CONFERENCES & SCHOOLS SUPERVISION & OVERHEAD 1,271.25 322371 5/21/2009 102575 AMERICAN PUBLIC WORKS ASSOCIAT 103.25 APWA MEMBERSHIP 211543 87068 5919.6104 CONFERENCES & SCHOOLS TRAINING 103.25 _ 322372 5/21/2009 102575 AMERICAN PUBLIC WORKS ASSOCIAT 103.25 MEMBERSHIP 211690 87068 5919.6104 CONFERENCES & SCHOOLS TRAINING 103.25 R55CKREG LOG20000 GRILL LAUNDRY FIRE DEPT. GENERAL CITY OF EDINA LAUNDRY CITY HALL GENERAL LAUNDRY VERNON OCCUPANCY LAUNDRY Council Check Register LAUNDRY YORK OCCUPANCY 5/21/2009 - 5/21/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 322373 5/2112009 105086 AMERICAN WATER WORKS ASSOCIATI 176.00 AWWA MEMBERSHIP 211544 2009 5919.6104 176.00 - 322374 5/21/2009 101115 AMERIPRIDE SERVICES 87.04 211759 101681311 -4/09 5421.6201 327.27 211760 105219400 -4/09 1470.6201 57.01 211761 103533424 -4109 5821.6201 253.26 211762 100004611 -4/09 1551.6201 222.07 211763 103531424-4109 5861.6201 129.82 211764 105905600 -0 /09 1470.6201 154.23 211765 103532024 -4/09 5841.6201 1,230.70 322375 512112009 102382 ANDERSON, MOLLY 270.00 UNIFORM PURCHASE 211541 051409 1400.6203 270.00 322376 5/2112009 102172 APPERTS FOODSERVICE 770.15 FOOD 211545 1151216 5421.5510 770.15 322377 5/21/2009 100632 AQUA ENGINEERING 21.26 SPRINKLER HEAD 00005945 211619 30451 1314.6406 21.26 322378 5/21/2009 124292 ARCHER, RYAN 218.00 CLUB 211546 1000 5440.5511 218.00 CLUB 211547 1000 -1 5440.5511 150.00 CLUB 211548 1000 -2 5440.5511 218.00 CLUB 211549 1000 -3 5440.5511 804.00 322379 512112009 121019 ASCE 100.00 U.S. TRAFFIC CALMING MANUAL 211691 337442 1260.6406 100.00 322380 5/2112009 102573 ASSOCIATION OF RECYCLING MANAG 20.00 ARM WORKSHOP 211620 051509 5952.6104 20.00 322381 5121! 123066 ATLANTIS IRRIGATION LLC Subledger Account Description CONFERENCES & SCHOOLS Business Unit I KAININU 5/20/2009 8:28:42 Page- 2 LAUNDRY GRILL LAUNDRY FIRE DEPT. GENERAL LAUNDRY 50TH ST OCCUPANCY LAUNDRY CITY HALL GENERAL LAUNDRY VERNON OCCUPANCY LAUNDRY FIRE DEPT. GENERAL LAUNDRY YORK OCCUPANCY UNIFORM ALLOWANCE POLICE DEPT. GENERAL COST OF GOODS SOLD GRILL GENERAL SUPPLIES STREET RENOVATION COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES GENERAL SUPPLIES ENGINEERING GENERAL CONFERENCES & SCHOOLS RECYCLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 152 55 SPRINKLER REPAIR 211692 2220 01345.1705.20 CONSULTING DESIGN CONCRETE CONCRETE CONCRETE GENERAL SUPPLIES CONSULTING DESIGN PROFESSIONAL SERVICES REPAIR PARTS 5/20/2009 8:28:42 Page- 3 Business Unit BA -345 WOODLAND CIR DISTRIBUTION DISTRIBUTION DISTRIBUTION PATHS & HARD SURFACE STS -352 FAIRFAX N'HOOD GENERAL STORM SEWER EQUIPMENT OPERATION GEN COST OF GOODS SOLD LIQUOR 152.55 COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING 322382 5/21/2009 VERNON SELLING 120995 AVR INC. 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PAUL 2,072.23 ASPHALT 00005855 211496 109565 1301.6518 BLACKTOP GENERAL MAINTENANCE 4,780.62 ASPHALT 00005855 211496 109565 5913.6518 BLACKTOP DISTRIBUTION 6,852.85 322405 5/2112009 100688 CITYWIDE WINDOW SERVICES INC 14.51 WINDOW CLEANING 211380 441818 5861.6180 CONTRACTED REPAIRS VERNON OCCUPANCY 16.49 WINDOW CLEANING 211380 441818 5821.6180 CONTRACTED REPAIRS 50TH ST OCCUPANCY 25.99 WINDOW CLEANING 211380 441818 5841.6180 CONTRACTED REPAIRS YORK OCCUPANCY 56.99 322406 5121/2009 100692 COCA -COLA BOTTLING CO. 314.30 211774 0138066005 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 314.30 322407 5121/2009 100088 COLE INFORMATION SERVICES INC. 343.95 COLE DIRECTORY 211381 0530077 -IN 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL 343.95 322408 5/2112009 120433 COMCAST 22.60 8772 10 614 0220686 211702 050209 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK 22.60 322409 5/2112009 120826 COMCAST SPOTLIGHT 1,179.00 ADVERTISING 211703 347179 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 280.00 ADVERTISING 211704 347178 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 1,459.00 322410 5121/2009 121066 COMMERCIAL ASPHALT CO. 3,902.83 ASPHALT 00005854 211497 043009 1301.6518 BLACKTOP GENERAL MAINTENANCE 3,902.83 322411 512112009 124118 COMPLETE COOLING SERVICES 266.06 CLEAN & FLUSH RADIATOR 00005833 211382 11310 1553.6103 PROFESSIONAL SERVICES EQUIPMENT OPERATION GEN 266.06 R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/21/2009 — 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 322412 512112009 117348 CONBOY, DAN 35445 UNIFORM PURCHASE 211498 051209 1400.6203 UNIFORM ALLOWANCE GENERAL SUPPLIES TOOLS TOOLS GENERAL SUPPLIES GENERAL SUPPLIES CUSTOMER REFUND CRAFT SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES COST OF GOODS SOLD COST OF GOODS SOLD 5120/2009 8:28 :42 Page- 7 Business Unit POLICE DEPT. GENERAL CENT SVC PW BUILDING BUILDING MAINTENANCE GENERAL MAINTENANCE DISTRIBUTION BUILDING MAINTENANCE UTILITY BALANCE SHEET ART CENTER ADMINISTRATION DISTRIBUTION CENT SVC PW BUILDING EDINBOROUGH PARK EDINBOROUGH PARK EQUIPMENT REPLACEMENT INSPECTIONS CONSULTING DESIGN WM -481 M'SIDE H20MAIN PIPELINE 354.45 322413 5/21/2009 101323 CONNEY SAFETY PRODUCTS 311.63 GLOVES, SUNSCREEN, LOTION 00005665 211383 03452777 1552.6406 104.99 SAFETY CAN 00005820 211627 03458650 1646.6556 416.62 322414 512112009 101329 CONSTRUCTION MATERIALS INC. 710.73 REBAR, CLEAR CURE 00005662 211499 0029179 -IN 1301.6556 459.50 EPDXY DOWELS 00005837 211628 0029941 -IN 5913.6406 1,170.23 322415 5121/2009 116356 CONSTRUCTION MIDWEST INC. 219.13 TUBES, REBAR, WIRECUTTER 00005545 211500 431710 1646.6406 219.13 322416 5/2112009 124296 CONSTRUCTION SERVICES LLC 1,484.62 113175 - 210008004 REFUND 211629 051409 5900.2015 1,484.62 322417 5121/2009 100695 CONTINENTAL CLAY CO. 92.72 SODIUM BICARBONATE, BONE ASH00009017 211705 R200354018 5110.6564 92.72 322418 512112009 103800 CORPORATE EXPRESS INC. 69.68 OFFICE SUPPLIES 00005838 211384 95009563 5913.6406 76.75 OFFICE SUPPLIES 00005838 211384 95009563 1552.6406 146.43 322419 512112009 121267 CREATIVE RESOURCES 1,919.98 TIE -DYE BIRTHDAY SHIRTS 211706 4359 5620.5510 1,630.17 T- SHIRTS 211707 4249 5620.5510 3,550.15 322420 512112009 101616 CRUCIAL TECHNOLOGY 38.32 MEMORY UPGRADE 00004481 211501 244333115 1495.6710 38.32 322421 5/2112009 103799 CURBSIDE LANDSCAPE & IRRIGATIO 108.05 IRRIGATION REPAIRS 211708 19874 05481.1705.20 GENERAL SUPPLIES TOOLS TOOLS GENERAL SUPPLIES GENERAL SUPPLIES CUSTOMER REFUND CRAFT SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES COST OF GOODS SOLD COST OF GOODS SOLD 5120/2009 8:28 :42 Page- 7 Business Unit POLICE DEPT. GENERAL CENT SVC PW BUILDING BUILDING MAINTENANCE GENERAL MAINTENANCE DISTRIBUTION BUILDING MAINTENANCE UTILITY BALANCE SHEET ART CENTER ADMINISTRATION DISTRIBUTION CENT SVC PW BUILDING EDINBOROUGH PARK EDINBOROUGH PARK EQUIPMENT REPLACEMENT INSPECTIONS CONSULTING DESIGN WM -481 M'SIDE H20MAIN PIPELINE R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 1553.6238 108.05 EQUIPMENT OPERATION GEN 322422 5/2112009 211386 102514 CUTTER & BUCK 1553.6530 613.09 MERCHANDISE 00005648 613.09 2092149 322423 6/21/2009 REPAIR PARTS 104020 DALCO 00006344 1,507.72 CAR WASH SOAP 5421.6511 310.68 LPS I, LPS II GRILL 94.79 CARB CHOKE CLEANER 5111.6406 178.72 WINDEX, COMET 211562 95.42 2091341 5111.6511 486.04 ART CENTER BLDG /MAINT 00009018 114.81 TOWELS 5111.6511 76.12 TOWELS 00009018 246.12 TOWELS 5111.6511 148.76 SQUEEGE BLADES 00009018 3,259.18 2093784 322424 5/2112009 CLEANING SUPPLIES 102285 DAVANNIS 00009018 129.68 MEETING LUNCH 5111.6511 129.68 ART CENTER BLDG /MAINT 322425 5/21/2009 102478 DAY DISTRIBUTING CO. 3,742.05 1,852.35 146.00 887.05 6,627.45 322426 512112009 100720 DENNYS 6TH AVE. 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GENERAL 211468 503927 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 211469 502952 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 211470 502991 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 211775 503926 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 211560 300410 5421.5510 COST OF GOODS SOLD GRILL 211561 300411 5421.5510 COST OF GOODS SOLD GRILL 211562 300575 5421.5510 COST OF GOODS SOLD GRILL 211563 300764 5421.5510 COST OF GOODS SOLD GRILL 211388 5406 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 211502 5405 5510.6103 PROFESSIONAL SERVICES ARENA ADMINISTRATION 211502 5405 5610.6103 PROFESSIONAL SERVICES ED ADMINISTRATION 211502 5405 110.6103 PROFESSIONAL SERVICES POOL ADMINISTRATIC CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 9 5121/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 23.48 PARK & REC INSIDER 211502 5405 1629.6103 PROFESSIONAL SERVICES ADAPTIVE RECREATION 46.96 PARK & REC INSIDER 211502 5405 5410.6103 PROFESSIONAL SERVICES GOLF ADMINISTRATION 46.96 PARK & REC INSIDER 211502 5405 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 46.96 PARK & REC INSIDER 211502 5405 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 141.03 PARK & REC INSIDER 211502 5405 1600.6103 PROFESSIONAL SERVICES PARK ADMIN. 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ANDERSEN INC. 204.64 BOLT LINKS 00005596 211631 0086995 -IN 1647.6530 REPAIR PARTS PATHS & HARD SURFACE 204.64 322432 512112009 119716 EASTERN PACIFIC APPAREL INC. 382.92 MERCHANDISE 211632 413244 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,363.22 MERCHANDISE 211633 413582 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,746.14 322433 6/2112009 124294 ECKSTROM, PEGGY 81.12 PAID BILL TWICE 211634 051209 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 81.12 322434 5/2112009 106496 ED'S TROPHIES INC. 36.80 HERITAGE AWARD PLAQUE 211391 78509 1140.6406 GENERAL SUPPLIES PLANNING 36.80 322435 5121/2009 100049 EHLERS & ASSOCIATES INC 2,000.00 ARBITRAGE CALCULATION 211635 339548 3201.6103 PROFESSIONAL SERVICES CITY HALL DS REVENUES 2,000.00 R55CKREG LOG20000 CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 10 5/21/2009 - 5/21/200.9 Check # Dale Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322436 5/2112009 100649 ELECTRIC PUMP INC. - 55.49 SHACKLES 00005663 211392 0038680 -IN 5921.6530 REPAIR PARTS SANITARY LIFT STATION MAINT 55.49 322437 5/2112009 124042 ELNESS SWENSON GRAHAM ARCHITEC 1,425.00 ARCHITECTURAL SERVICES 211715 0022147 5600.1720 BUILDINGS EB /CL BALANCE SHEET 1,425.00 322438 5/2112009 104195 EXTREME BEVERAGE LLC. 134.00 211471 776558 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 134.00 322439 5/21/2009 100146 FACTORY MOTOR PARTS COMPANY ' 52.21 FILTER 00005302 211393 6- 1133722 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 34.03 ARMS 00005743 211503 6- 1135457 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 701.99 ROTORS, PADS 00005747 211565 6- 1136364 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 788.23 322440 5/2112009 122549 FARNER - BOCKEN COMPANY 453.30 FOOD 211566 6303314 5430.5510 COST OF GOODS SOLD RICHARDS GOLF COURSE 453.30 322441 5/21/2009 101288 FASULO, WALTER 405.00 EMS CONFERENCE FEE 211755 051509 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 405.00 322442 512112009 112704 FESLER, EDDI 60.77 GALLERY SUPPLIES 211716 051509 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 60.77 322443 6/21/2009 105420 MIKES SERVICES 39.41 AIR DEODORIZERS 211567 57908 5841.6162 SERVICES CUSTODIANS YORK OCCUPANCY 39.41 322444 512112009 116189 FILTRATION SYSTEMS INC. r 896.50 AIR FILTERS 211636 29796 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 896.50 322445 6121/2009 120831 FIRST SCRIBE INC. 425.00 ROWAY 211717 17316 1260.6103 PROFESSIONAL SERVICES ENGINEERING GENERAL 425.00 Subledger Account Description REPAIR PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP 5/20/2009 8:28:42 Page - 11 Business Unit SEWER CLEANING COMMUNICATIONS COMMUNICATIONS PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES MILEAGE OR ALLOWANCE ENGINEERING GENERAL COST OF GOODS SOLD EDINBOROUGH PARK LAUNDRY ARENA BLDG /GROUNDS LAUNDRY DISTRIBUTION CLEANING SUPPLIES CITY OF EDINA R55CKREG LOG20000 LAUNDRY GENERAL MAINTENANCE LAUNDRY EQUIPMENT OPERATION GEN Council Check Register 5/21/2009 5121/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 322446 512112009 101512 FLEXIBLE PIPE TOOL COMPANY 315.24 JETTER SKIDS 00005705 211394 12470 5920.6530 315.24 322447 5121/2009 103985 FLOR, JON 1,820.00 BILLBOARD DESIGN 211395 2151 2210.6103 200.00 AD DESIGN 211396 2152 2210.6103 2,020.00 322448 5121/2009 101475 FOOTJOY 518.18 MERCHANDISE 211568 5454815 5440.5511 72.56 MERCHANDISE 211569 5593628 5440.5511 487.34 MERCHANDISE 211570 5588911 5440.5511 1,078.08 322449 512112009 120733 FRAHM, JEFF 63.80 MILEAGE REIMBURSEMENT 211756 051509 1260.6107 63.80 322450 5/21/2009 122614 FRUCHI 87.00 CONCESSION PRODUCT 211718 1 -1079 5620.5510 87.00 322451 5/2112009 100764 G & K SERVICES 73.68 211446 043009 5511.6201 260.11 211446 043009 5913.6201 476.08 211446 043009 1552.6511 543,28 211446 043009 1646.6201 567.16 211446 043009 1301.6201 602.65 211446 043009 1553.6201 2,522.96 322452 5/21/2009 105959 GARFIN, JEFFREY 386.18 ARSON CONFERENCE 211504 040609 1470.6104 386.18 322453 5/2112009 124295 GASSEN CO. 3,877.03 112274 - 203600120 REFUND 211637 051109 5900.2015 3,877.03 322454 512112009 124293 GENERAL GROWTH PROPERTIES INC. 1,000.00 BRAEMAR GOLF PROMOTION 211571 00244362A200903 5410.6122 Subledger Account Description REPAIR PARTS PROFESSIONAL SERVICES PROFESSIONAL SERVICES COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP 5/20/2009 8:28:42 Page - 11 Business Unit SEWER CLEANING COMMUNICATIONS COMMUNICATIONS PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES MILEAGE OR ALLOWANCE ENGINEERING GENERAL COST OF GOODS SOLD EDINBOROUGH PARK LAUNDRY ARENA BLDG /GROUNDS LAUNDRY DISTRIBUTION CLEANING SUPPLIES CENT SVC PW BUILDING LAUNDRY BUILDING MAINTENANCE LAUNDRY GENERAL MAINTENANCE LAUNDRY EQUIPMENT OPERATION GEN CONFERENCES & SCHOOLS FIRE DEPT. GENERAL CUSTOMER REFUND UTILITY BALANCE SHEET ADVERTISING OTHER GOLF ADMINISTRATION R55CKREG LOG20000 CITY OF EDINA 5120/2009 8:28:42 Council Check Register Page - 12 5/21/2009 - 5/21/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 24 1,000.00 322455 612112009 100920 GENUINE PARTS COMPANY - MINNEA 441.10 AUTO PARTS 211447 043009 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 700.25 GREASE REEL 211447 043009 5422.6556 TOOLS MAINT OF COURSE & GROUNDS 1,141.35 322466 512112009 103185 GERTENS 289.68 PLANTINGS 00005623 211505 169478 1644.6541 PLANTINGS & TREES TREES & MAINTENANCE 289.68 322457 5/2112009 124298 GIBBS, BETH 27.70 SPRINKLER REPAIR 211719 55989 01342.1705.20 CONSULTING DESIGN BA -342 HIGHLANDS AREA 27.70 322458 5/2112009 102540 GOERGEN, DAVID 72.60 MILEAGE REIMBURSEMENT 211572 051409 5932.6406 GENERAL SUPPLIES GENERAL STORM SEWER 72.60 322469 5/21/2009 101103 GRAINGER 1,108.79 LIGHTING 00005654 211506 9887759141 1646.6578 LAMPS & FIXTURES BUILDING MAINTENANCE 71.32 PH METER 00006282 211573 9890590442 5422.6543 SOD & BLACK DIRT MAINT OF COURSE & GROUNDS 131.40 STORAGE BOX, LAMP 00006281 211574 9889462785 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 186.13 EAR MUFFS, SAFETY GLASSES 00006279 211575 9889192150 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 46.97 LIGHT BULBS 00006264 211576 9890590459 5420.6406 GENERAL SUPPLIES CLUB HOUSE 5.73 DRILL BITS 00006279 211577 9891134778 5422.6556 TOOLS MAINT OF COURSE & GROUNDS 10.00 BATTERIES, CABLE TIES 00005819 211578 9895583236 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 20.00 BATTERIES, CABLE TIES 00005819 211578 9895583236 5913.6406 GENERAL SUPPLIES DISTRIBUTION 32.91 BATTERIES, CABLE TIES 00005819 211578 9895583236 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 140.00 BATTERIES, CABLE TIES 00005819 211578 9895583236 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 25.90 BOLTS, NUTS, WASHERS 211638 9894531434 7412.6406 GENERAL SUPPLIES PSTF RANGE 128.37 EAR PLUGS 211639 9894969014 7412.6406 GENERAL SUPPLIES PSTF RANGE 1,108.79 LAMPS 00005692 211640 9893653809 1646.6578 LAMPS & FIXTURES BUILDING MAINTENANCE 59.37 COVERALL, BRUSH 00005828 211641 9896554004 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 113.00 MARKING PAINT 00005828 211641 9896554004 5913.6406 GENERAL SUPPLIES DISTRIBUTION 3,188.68 322460 5/2112009 102202 GRAND VIEW LODGE 244.96 CAN AM CONFERENCE 211579 R2B5AE 2330.6104 CONFERENCES & SCHOOLS DRUG FORFEITURE 244.96 CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 13 5/21/2009 — 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322461 5121/2009 102217 GRAPE BEGINNINGS INC 727,25 211776 110095 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 651.50 211777 110093 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 733.50 211778 110091 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,112.25 322462 512112009 100783 GRAYBAR ELECTRIC CO. INC. 170.69 LIGHT FIXTURES 00005673 211642 941065677 5630.6530 REPAIR PARTS CENTENNIAL LAKES 170.69 322463 512112009 100008 GRUBE, MIKE 3,350.00 GOLF INSTRUCTION 211507 051209 1629.6103 PROFESSIONAL SERVICES ADAPTIVE RECREATION 3,350.00 322464 512112009 102312 HARMON INC. 1,945.57 WINDOW REPLACEMENT 00005782 211508 24001278 1646.6180 CONTRACTED REPAIRS BUILDING MAINTENANCE 1,945.57 322465 5121/2009 102301 HARTLAND FUEL PRODUCTS LLC 15,055.70 GAS 00001437 211509 SO10006064 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 15,055.70 322466 5/2112009 100797 HAWKINS INC. 3,860.85 CHEMICALS 00005451 211397 3017296 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 3,147.45 CHEMICALS 00005451 211398 3014640 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 4,312.25 CHEMICALS 00005451 211643 3018533 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 11,320.55 322467 5/2112009 122093 HEALTH PARTNERS 15,121.79 PREMIUM 211720 32193887 1550.6043 COBRA INSURANCE CENTRAL SERVICES GENERAL 181,098.65 PREMIUM 211721 32205737 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 196,220.44 322468 512112009 100799 HEDBERG AGGREGATES 732.28 MULCH 00007106 211722 661360 5311.6406 GENERAL SUPPLIES POOL OPERATION 411.58 MULCH 00007106 211723 661363 5311.6406 GENERAL SUPPLIES POOL OPERATION 1,143.86 322469 5121/2009 105436 HENNEPIN COUNTY INFORMATION 1,664.00 RADIO ADMIN FEE 211399 29048017 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL 160.00 RADIO ADMIN FEE 00005939 211580 29048079 1553.6237 RADIO SERVICE EQUIPMENT OPERATION GEN 1,560.02 RADIO ADMIN FEE 211644 29048016 1470.6151 EQUIPMENT RENTAL FIRE DEPT. GENERAL R55CKREG LOG20000 504.65 CITY OF EDINA 211472 484618 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING Council Check Register 1,395.85 211473 485283 5/21/2009 - 5/21/2009 VERNON SELLING Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description COST OF GOODS SOLD BEER YORK SELLING 3,384.02 1,256.45 211780 322470 512112009 COST OF GOODS SOLD BEER 114507 HERMAN'S LANDSCAPE SUPPLIES 12.60 211781 191.70 LANDSCAPE FABRIC, SEED 00005669 211400 064639 5932.6406 GENERAL SUPPLIES 444.50 191.70 211781 485924 5822.5514 COST OF GOODS SOLD BEER 322471 5/21/2009 103753 HILLYARD INC - MINNEAPOLIS 555.82 CLEANERS, MOPS 00002233 211724 2858635 5620.6511 CLEANING SUPPLIES 555.82 582.88 322472 5/2112009 9042913 100805 HIRSHFIELD'S CLEANING SUPPLIES EDINBOROUGH PARK 582.88 64.52 PAINT 00002236 211510 003340370 5620.6532 PAINT 322476 64.52 100842 HSBC BUSINESS SOLUTIONS 322473 5121/2009 102484 HIRSHFIELD'S PAINT MANUFACTURI 85.51 SHARPER IMAGE TASK CHAIR 211512 0023000023222 5631.6513 797.15 FIELD MARKING PAINT 00005510 211511 83229 1642.6544 LINE MARKING POWDER 797.15 322477 322474 512112009 124297 HUSEBY, HARVEY 104375 HOHENSTEINS INC. 5/20/2009 8:28:42 Page -. 14 Business Unit GENERAL STORM SEWER EDINBOROUGH PARK EDINBOROUGH PARK FIELD MAINTENANCE 504.65 211472 484618 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,395.85 211473 485283 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,779.30 211779 485923 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,256.45 211780 486001 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 12.60 211781 485924 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 444.50 211781 485924 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,393.35 322475 5/21/2009 100417 HORIZON COMMERCIAL POOL SUPPLY 582.88 CHLORINE, ACID 00002229 211725 9042913 5620.6511 CLEANING SUPPLIES EDINBOROUGH PARK 582.88 322476 5121/2009 100842 HSBC BUSINESS SOLUTIONS 85.51 SHARPER IMAGE TASK CHAIR 211512 0023000023222 5631.6513 OFFICE SUPPLIES CENTENNIAL ADMINISTRATION 85.51 322477 5/21/2009 124297 HUSEBY, HARVEY 1,203.34 AMBULANCE OVERPAYMENT 211645 051509 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,203.34 322478 6/21/2009 104822 HYDRO LOGIC 95.85 IRRIGATION REPAIR PARTS 00005612 211646 0383481 -IN 1643.6530 REPAIR PARTS GENERAL TURF CARE 95.85 CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 15 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322479 5/2112009 121161 IDEARC MEDIA CORP 149.58 PHONE LISTING 211726 390014721473 5821.6188 TELEPHONE 50TH ST OCCUPANCY 149.58 PHONE LISTING 211726 390014721473 5841.6188 TELEPHONE YORK OCCUPANCY 149.59 PHONE LISTING 211726 390014721473 5861.6188 TELEPHONE VERNON OCCUPANCY 448.75 322480 512112009 100814 INDELCO PLASTICS CORP. 60.26 ADAPTERS, COUPLINGS 00005591 211647 562209 1643.6530 REPAIR PARTS GENERAL TURF CARE 60.26 322481 5121/2009 101732 INDUSTRIAL DOOR CO. INC. 1,579.42 OVERHEAD DOOR REPAIRS 211648 D206966 -IN 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 161.71 OVERHEAD DOOR REPAIRS 211649 D206911 -IN 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 1,741.13 322482 5/21/2009 124290 INTL CHEMTEX CORP 1,025.50 FILTER HOUSING, LEGS 00005440 211513 3305 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1,025.50 322483 5/2112009 100828 JERRY'S FOODS 28.46 211650 050109 1628.6406 GENERAL SUPPLIES SENIOR CITIZENS 52.76 211650 050109 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 53.41 211650 050109 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 74.81 211650 050109 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 170,72 211650 050109 5421.5510 COST OF GOODS SOLD GRILL 380.16 322484 512112009 100829 JERRY'S HARDWARE 3.07 211458 043009 . 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 18.19 211458 043009 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 18.73 211458 043009 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 18,87 211458 043009 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 19,48 211458 043009 1495.6406 GENERAL SUPPLIES INSPECTIONS 28,49 211458 043009 5820.6406 GENERAL SUPPLIES 50TH STREET GENERAL 33.23 211458 043009 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 40.46 211458 043009 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 43.05 211458 043009 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 62.49 211458 043009 5511.6406 GENERAL SUPPLIES ARENA BLDG /GROUNDS 64.97 211458 043009 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 66.21 211458 043009 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 73.97 211458 043009 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS R55CKREG LOG20000 3,101.18 CITY OF EDINA COST OF GOODS SOLD BEER 5421.5514 Council Check Register 5421.5514 100830 JERRY'S PRINTING 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 95.05 211458 043009 5420.6406 199.20 211458 043009 1470.6406 245.21 211458 043009 1553.6406 386.56 211458 043009 5913.6406 458.95 211458 043009 5630.6406 512.20 211458 043009 1301.6406 712.80 211458 043009 1646.6406 5410.6575 1260.6406 1550.6406 Subledger Account Description GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES PRINTING GENERAL SUPPLIES GENERAL SUPPLIES 5862.5514 3,101.18 5430.5514 COST OF GOODS SOLD BEER 5421.5514 322485 5/2112009 5421.5514 100830 JERRY'S PRINTING 5421.5514 COST OF GOODS SOLD BEER 5862.5515 251.34 9 HOLE LEAGUE TICKET 00000674 211651 46419 COST OF GOODS SOLD BEER 57.51 FINAL INSPECTION FORMS 00004160 211727 46353 5842.5514 308.85 322486 5/2112009 102146 JESSEN PRESS 484.58 LETTERHEAD 211401 14640 484.58 322487 5/2112009 100741 JJ TAYLOR DIST. OF MINN 2,694.13 211474 1273243 209.10 211581 945262 118.20 211582 1277291 187.00 211583 1272353 149.00 211584 945666 15.00 211782 1273290 6,877.15 211783 1273289 3,918.40 211784 1273291 62.15 211785 1273292 78.10 211786 1273302 12,041.24 211787 1273301 26,349.47 322488 5/21/2009 124104 JOHN DEERE LANDSCAPES/ LESCO 1,318.35 FUNGICIDE 00006284 211585 51084102 1,318.35 322490 5/21/2009 100835 JOHNSON BROTHERS LIQUOR CO. 31.37 211475 1626761 2,246.99 211476 1626760 2,184.10 211477 1626758 609.75 211478 1621106 1,497.10 211788 1628594 5410.6575 1260.6406 1550.6406 Subledger Account Description GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES PRINTING GENERAL SUPPLIES GENERAL SUPPLIES 5862.5514 COST OF GOODS SOLD BEER 5430.5514 COST OF GOODS SOLD BEER 5421.5514 COST OF GOODS SOLD BEER 5421.5514 COST OF GOODS SOLD BEER 5421.5514 COST OF GOODS SOLD BEER 5862.5515 COST OF GOODS SOLD MIX 5862.5514 COST OF GOODS SOLD BEER 5822.5514 COST OF GOODS SOLD BEER 5822.5515 COST OF GOODS SOLD MIX 5842.5515 COST OF GOODS SOLD MIX 5842.5514 COST OF GOODS SOLD BEER 5422.6545 CHEMICALS 5120/2009 8:28:42 Page - 16 Business Unit CLUB HOUSE FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN DISTRIBUTION CENTENNIAL LAKES GENERAL MAINTENANCE BUILDING MAINTENANCE GOLF ADMINISTRATION ENGINEERING GENERAL CENTRAL SERVICES GENERAL VERNON SELLING RICHARDS GOLF COURSE GRILL GRILL GRILL VERNON SELLING VERNON SELLING 50TH ST SELLING 50TH ST SELLING YORK SELLING YORK SELLING MAINT OF COURSE & GROUNDS 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 162.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 17 5/21/2009 - 5121/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3,247.15 211789 1630562 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1.12 211790 1630549 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 112.12 211791 1630557 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 443.26 211792 1630560 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,595.27 211793 1630555 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 6,324.83 211794 1630556 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,892.63 211795 1630554 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 6,006.73 211796 1630552 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 457.28 211797 1630548 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 916.08 211798 1630546 5842.5513 COST OF GOODS SOLD WINE YORK SELLING ,19 211799 1630545 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3.36 211800 1630547 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,038.72 211801 1630553 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 112.12 211802 1630551 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 90.06 211803 1627705 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,639.55 211804 1630559 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,763.16 211805 1630558 5862.5513. COST OF GOODS SOLD WINE VERNON SELLING 1.12 211806 1630550 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,655.70 211807 1630561 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 694.96 211808 1630544 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 331.25 211809 1630543 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 99,12 211810 1630539 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 2,183.32 211811 1630540 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 844.73 211812 1630542 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,046.64 211813 1630541 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 41,069.78 322491 5/2112009 102719 JOHNSON, PHILLIP 58.00 SUPPLIES REIMBURSEMENT 211514 050809 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 60.51 SUPPLIES REIMBURSEMENT 211514 050809 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 308.78 SUPPLIES REIMBURSEMENT 211514 050809 5125.6180 CONTRACTED REPAIRS MEDIA STUDIO 427.29 322492 5/2112009 111018 KEEPRS INC. 62.98 UNIFORMS 00003510 211652 118567 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL .593.94 UNIFORMS 00003874 211653 117234 -02 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 519.96 UNIFORMS 00003782 211654 111549 -01 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 299.97 UNIFORMS 00003506 211655 117693 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 147.96 UNIFORMS 00003506 211656 117693 -01 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 1,624.81 322493 5/2112009 117792 KIDDE FIRE TRAINERS INC. R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/21/2009 - 5/2112009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 2,788.00 MAINTENANCE CONTRACT 00007412 211657 0000005685 7413.6103 2,788.00 322494 5/2112009 116776 KUSTOM KARRIERS 155.01 DWI IMPOUND 211586 051409 2340.6103 155.01 Subledger Account Description PROFESSIONAL SERVICES 5/20/2009 8:28:42 Page- 18 Business Unit PSTF FIRE TOWER PROFESSIONAL SERVICES DWI FORFEITURE 322495 5/21/2009 100849 LAKELAND ENGINEERING 481.69 ELECTRIC VALVE 00005628 211515 12206523 -01 5915.6530 REPAIR PARTS WATER TREATMENT 481.69 322496 5/2112009 100854 LEITNER COMPANY 1,329.86 BLACK DIRT 211587 BRAEMAR - 5/1/09 5422.6543 SOD & BLACK DIRT MAINT OF COURSE & GROUNDS 552.80 TOPDRESSING SAND 00006206 211588 050109 5422.6543 SOD & BLACK DIRT MAINT OF COURSE & GROUNDS 1,882.66 322497 5/21/2009 100865 MAGNUSON SOD 23.38 POLYMERIC GRANITE 211659 043009 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 258.74 MULCH 211659 043009 5630.6540 FERTILIZER CENTENNIAL LAKES 282.12 322498 5/2112009 114699 MANAGED SERVICES INC. 233.78 JANITORIAL SUPPLIES 211658 W22761 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 233.78 322499 5/2112009 100868 MARK VII SALES 3,643.55 211479 464152 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 64.50 211480 464154 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 22.00 211481 464153 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 3,992.00 211482 458057 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 130.40 211483 460653 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 25.00 211484 460915 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 4,878.45 211485 460652 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,576.25 211486 460914 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,090.30 211814 463120 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 4,625.25 211815 463354 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,419.00 211816 463601 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,095.45 211817 465781 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 561.25 211818 465782 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,472.52 211819 466021 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 29,595.92 R55CKREG LO G20000 CITY OF EDINA Council Check Register 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 322500 512112009 124306 MARTIN, PEGGY 108.27 SUPER SUNDAY REIMBURSEMENT 211758 051809 1629.6406 GENERAL SUPPLIES 108.27 322501 5/2112009 119209 MASTER TECHNOLOGY GROUP 5/20/2009 8:28:42 Page - 19 Business Unit ADAPTIVE RECREATION 7 850 00 CARD /KEYPAD READERS 00003515 211660 430314 45008.6710 EQUIPMENT REPLACEMENT FIRE STATION 91 RENOVATION 7,850.00 322502 5/21/2009 124307 MCAVOY, MICHELLE 82.42 UTILITY OVERPAYMENT REFUND 211754 051509 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 82.42 322503 5/21/2009 101292 MEDZIS, ANDREW 8 CONFERENCE EXPENSE 211516 040609 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL ARENA BLDG /GROUNDS STREET RENOVATION GENERAL MAINTENANCE BUILDING MAINTENANCE RANGE BUILDING MAINTENANCE EDINBOROUGH PARK ENGINEERING GENERAL SUPERVISION & OVERHEAD FIELD MAINTENANCE 386.1 386.18 322504 512112009 101483 MENARDS 64.58 PAINT SUPPLIES 00008071 211402 33274 5511.6406 GENERAL SUPPLIES 11.50 STUDS 00005671 211517 32965 1314.6406 GENERAL SUPPLIES 20.41 ORGANIZERS 00005666 211518 32723 1301.6556 TOOLS 65.82 RAKES, DRIVE RATCHET 00005587 211519 32345 1646.6556 TOOLS 5.20 BALL WASHER PARTS 00006473 211589 32451 5424.6530 REPAIR PARTS 57.32 LIMESTONE, CLAMPS 00005617 211661 36864 1646.6530 REPAIR PARTS 224.83 322505 5/21/2009 101987 MENARDS' 36.96 LANDSCAPE MATERIALS 00002238 211728 80001 5620.6406 GENERAL SUPPLIES 36.96 322506 512112009 102281 MENARDS 53.12 MASONRY BITS, TORCH KIT 00004159 211729 30270319 1260.6406 GENERAL SUPPLIES 53.12 322507 512112009 120605 METEORLOGIX 723.00 WEATHER INFORMATION 00005830 211520 2685356 1280.6105 DUES & SUBSCRIPTIONS 723.00 322508 512112009 101891 METRO ATHLETIC SUPPLY 106.39 BALLFIELD SUPPLIES 00005831 211521 115398 1642.6406 GENERAL SUPPLIES 106.39 322509 5/2112009 124301 METRO WEST IRRIGATION AND LAND ARENA BLDG /GROUNDS STREET RENOVATION GENERAL MAINTENANCE BUILDING MAINTENANCE RANGE BUILDING MAINTENANCE EDINBOROUGH PARK ENGINEERING GENERAL SUPERVISION & OVERHEAD FIELD MAINTENANCE R55CKREG LOG20000 300.00 CITY OF EDINA 322512 512112009 Council Check Register 104650 MICRO CENTER 5/21/2009 — 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 677.45 SPRINKLER REPAIR 211730 7923 01342.1705.20 CONSULTING DESIGN 5125.6710 466.10 SPRINKLER REPAIR 211731 7881 01352.1705.20 CONSULTING DESIGN 1,143.55 322513 5/21/2009 322510 5/2112009 100891 MIDWEST ASPHALT CORP. 102068 METROPOLITAN MECHANICAL CONTRA 201.63 BOILER REPAIR 211732 205046801 5620.6180 CONTRACTED REPAIRS 98202MB 201.63 BLACKTOP 426.00 322511 5/2112009 124204 METSA, PAUL 322514 5/2012009 8:28:42 Page - 20 Business Unit BA -342 HIGHLANDS AREA BA -352 WOODEND DRIVE EDINBOROUGH PARK 300.00 TALENT FEE 211733 051409 5410.6103 PROFESSIONAL SERVICES GOLF ADMINISTRATION MEDIA STUDIO MEDIA STUDIO GENERAL MAINTENANCE EDINBOROUGH PARK EDINBOROUGH ADMINISTRATION TRAFFIC SIGNALS DISTRIBUTION ART SUPPLY GIFT GALLERY SHOP 300.00 322512 512112009 104650 MICRO CENTER 97.92 COMPUTER SUPPLIES 00009019 211734 2223740 5125.6406 GENERAL SUPPLIES 138.44 ROXIO CREATOR 00009019 211734 2223740 5125.6710 EQUIPMENT REPLACEMENT 236.36 322513 5/21/2009 100891 MIDWEST ASPHALT CORP. 426.00 ASPHALT 00005748 211522 98202MB 1301.6518 BLACKTOP 426.00 322514 5/21/2009 119738 MIDWEST MINIMELTS 743.75 CONCESSION PRODUCT 211735 12282 5620.5510 COST OF GOODS SOLD 743.75 322515 5121/2009 102873 MILLER, SUSAN 98.33 ROUTER, NETWORK CABLE 211736 051409 5621.6406 GENERAL SUPPLIES 98.33 322516 5/21/2009 101225 MILLERBERND 649.65 LIGHT POLE 00005169 211403 072646 1330.6406 GENERAL SUPPLIES 649.65 322517 5121/2009 100913 MINNEAPOLIS & SUBURBAN SEWER & 1,760.00 WATER SERVICE REPAIR 00005712 211523 33409 5913.6180 CONTRACTED REPAIRS 1,760.00 322518 5/21/2009 101591 MINNESOTA CERAMIC SUPPLY 50.86 GLAZES 00009468 211737 26996 5120.5510 COST OF GOODS SOLD 50.86 322519 5/21 112908 MINNESOTA ROADWAYS CO. MEDIA STUDIO MEDIA STUDIO GENERAL MAINTENANCE EDINBOROUGH PARK EDINBOROUGH ADMINISTRATION TRAFFIC SIGNALS DISTRIBUTION ART SUPPLY GIFT GALLERY SHOP CITY OF EDINA 5120/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 21 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,373.85 ASPHALT EMULSION 00005449 211404 58935 1301.6519 ROAD OIL GENERAL MAINTENANCE 1,373.85 322520 5121/2009 102775 MN DNR WATERS 140.00 DNR PERMIT 211590 1998 -6029 5933.6260 LICENSES & PERMITS PONDS & LAKES 140.00 322521 5121/2009 120550 MOBILE RADIO ENGINEERING INC. 171.53 RADIO REPAIRS 00006241 211591 122261 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 171.53 322522 5/2112009 100906 MTI DISTRIBUTING INC. 105.84 PIPE 00006477 211592 666516 -00 5422.6611 IRRIGATION EQUIPMENT MAINT OF COURSE & GROUNDS 124.00 COUPLINGS 00006475 211593 664732 -00 5422.6611 IRRIGATION EQUIPMENT MAINT OF COURSE & GROUNDS 304.00 IRRIGATION REPAIR 00006446 211594 661151 -00 5422.6180 CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS 284.80 IRRIGATION PARTS 00002005 211662 667965 -00 5630.6530 REPAIR PARTS CENTENNIAL LAKES 818.64 322523 5/21/2009 117034 NAPC 80.00 MEMBERSHIP RENEWAL 211877 050409 1143.6103 PROFESSIONAL SERVICES HISTORIC PRESERVATION BOARD 80.00 322524 5121/2009 123954 NEIGHBORHOOD NETWORKS PUBLISHI 200.00 BRAEMAR GOLF AD 211595 42472 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 200.00 322525 5/2112009 100076 NEW FRANCE WINE CO. 292.50 211820 54698 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 292.50 322526 5121/2009 100922 NEWMAN TRAFFIC SIGNS 12,517.28 SIGNS 00005468 211524 TI- 0207395 1325.6531 SIGNS & POSTS STREET NAME SIGNS 12,517.28 322527 512112009 122575 NORTH STAR WOMEN'S FIREFIGHTER 100:00 ANNUAL DUES 211663 200905 1470.6105 DUES & SUBSCRIPTIONS FIRE DEPT. GENERAL 100.00 322528 5/2112009 100933 NORTHWEST GRAPHIC SUPPLY 77.89 BRUSH CLEANER, GRAPHICS SHEEM009012 211738 37234101 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 17.82 CANVAS PANELS 00009015 211739 37253801 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 95.71 R55CKREG LOG20000 211448 043009 1553.6530 CITY OF EDINA EQUIPMENT OPERATION GEN 890.41 Council Check Register 322537 5/21/2009 100347 PAUSTIS & SONS 5/21/2009 - 5/21/2009 82220204N Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 50TH ST SELLING 322529 5/2112009 8222032 -IN 103578 OFFICE DEPOT COST OF GOODS SOLD WINE VERNON SELLING 42.00- 211823 8222089 -CM 842.5513 52.71 CLIPS, INK CARTRIDGE 00006034 211596 473402437 - 001 5410.6513 OFFICE SUPPLIES 199.28 TONER 00002227 211740 472817952 -001 5621.6406 GENERAL SUPPLIES 116.21 CORKBOARD, PAPER 00002227 211741 472822649 -001 5621.6406 GENERAL SUPPLIES 124.00 TONER, PENS, PENCILS 00002234 211742 473486950 -001 5621.6406 GENERAL SUPPLIES 492.20 322530 512112009 100936 OLSEN COMPANIES 306.72 WIRE ROPE, CABLE CLIPS 00007103 211664 549785 1642.6530 REPAIR PARTS 25.75 RATCHET STRAP 00005604 211665 549447 1646.6556 TOOLS 332.47 322531 5/21/2009 118891 OLSON, LYNN 43.20 UNIFORM PURCHASE 211597 051409 1400.6203 UNIFORM ALLOWANCE 43.20 322532 5/2112009 102265 OLSON, TIM 99.00 UNIFORM PURCHASE 211525 051309 1400.6203 UNIFORM ALLOWANCE 99.00 322533 5/21/2009 100939 OTIS SPUNKMEYER INC. 197.22 COOKIES 211598 79018092 5421.5510 COST OF GOODS SOLD 197.22 322534 5/21/2009 103624 P & L AUTOMOTIVE INC. 125.00 COMPLETE CAR CLEANUP 00005832 211405 192508 1553.6103 PROFESSIONAL SERVICES 125.00 322535 5/2112009 104002 PARTEK SUPPLY INC. 163.24 DRAIN TILE PARTS 211599 24640 5422.6406 GENERAL SUPPLIES 163.24 322536 5/2112009 101718 PARTS PLUS 5/20/2009 8:28:42 Page - 22 Business Unit GOLF ADMINISTRATION EDINBOROUGH ADMINISTRATION EDINBOROUGH ADMINISTRATION EDINBOROUGH ADMINISTRATION FIELD MAINTENANCE BUILDING MAINTENANCE POLICE DEPT. GENERAL POLICE DEPT. GENERAL GRILL EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS 890.41 AUTO PARTS 211448 043009 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 890.41 322537 5/21/2009 100347 PAUSTIS & SONS 3,877.25 211487 82220204N 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,261.55 211821 8222028 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,408.75 211822 8222032 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 42.00- 211823 8222089 -CM 842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 6,505.55 322538 512112009 100945 PEPSI -COLA COMPANY CITY OF EDINA Council Check Register 5/21/2009 - 5/21/2009 PO # Doc No Inv No Account No Subledger Account Description Business Unit 5/20/2009 8:28:42 Page - 23 1,571.26 211600 55992359 5421.5510 COST OF GOODS SOLD GRILL 1,571.26 322539 6/21/2009 105806 PERFORMANCE KENNELS INC. 168.70 K9 DOG FOOD 211526 2122 4607.6406 GENERAL SUPPLIES EDINA CRIME FUND K9 DONATION 168.70 322540 5121/2009 102406 PETSMART#458 59.86 K9 GROOMING 00003131 211527 T-6540 4607.6406 GENERAL SUPPLIES EDINA CRIME FUND K9 DONATION 59.86 322541 512112009 100950 PETTY CASH 3.00 211687 051309 1550.6235 POSTAGE CENTRAL SERVICES GENERAL 3.29 211687 051309 1190.6106 MEETING EXPENSE ASSESSING 6.00 211687 051309 1140.6104 CONFERENCES & SCHOOLS PLANNING 6.00 211687 051309 1600.6107 MILEAGE OR ALLOWANCE PARK ADMIN. GENERAL 6.39 211687 051309 5511.6406 GENERAL SUPPLIES ARENA BLDG /GROUNDS 10.00 211687 051309 1120.6107 MILEAGE OR ALLOWANCE ADMINISTRATION 14,97' 211687 051309 1100.6106 - MEETING EXPENSE CITY COUNCIL 16.32 211687 051309 1160.6107 MILEAGE OR ALLOWANCE FINANCE 19.80 211687 051309 5840.6107 MILEAGE OR ALLOWANCE LIQUOR YORK GENERAL 20.26 211687 051309 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 23.00 211687 051309 1140.6107 MILEAGE OR ALLOWANCE PLANNING 29,91 211687 051309 1600.4390.47 SPRING BREAK HS MUSICAL PARTY PARK ADMIN. GENERAL 31.20 211687 051309 5860.6107 MILEAGE OR ALLOWANCE VERNON LIQUOR GENERAL 64.47 211687 051309 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 92.40 211687 051309 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 102.75 211687 051309 1260.6107 MILEAGE OR ALLOWANCE ENGINEERING GENERAL 449.76 322542 512112009 100743 PHILLIPS WINE & SPIRITS 246.46 211824 2754272 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 40.00- 211825- 3409460 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 842.41 211826 2754265 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,549.68 211827 2754263 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 139.74 211828 2754264 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 804.83 211829 2754273 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,530.84 211830 2754270 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 49.12 211831 2754271 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 5/2012009 8:28:42 Council Check Register Page - 24 5/21/2009 - 5/21/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,827.48 211832 2754268 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,983.34 211833 2754266 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 508.35 211834 2754267 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 33.61 211835 2754269 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 10,475.86 322543 5/2112009 100963 PHYSIO - CONTROL INC. 83.70 AMBULANCE SUPPLIES 00003518 211666 PH580417 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 83.70 322644 5121/2009 119620 POMP'S TIRE SERVICE INC. 55.00 REPAIR FLAT 00005834 211406 665117 1553.6103 PROFESSIONAL SERVICES EQUIPMENT OPERATION GEN 55.00 322545 5/21/2009 100961 POSTMASTER - USPS 132.00 POSTAGE 211743 051509 5110.6235 POSTAGE ART CENTER ADMINISTRATION 132.00 322546 5/21/2009 100961 POSTMASTER - USPS 3,509.11 PARK 8 REC INSIDER ISSUE 211876 051809 2210.6235 POSTAGE COMMUNICATIONS 3,509.11 322547 5121/2009 114070 PRECISION AUTO UPHOLSTERY INC. 101.11 REPAIR SEAT 00005846 211407 16132 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 101.11 322548 5/2112009 113732 PROFESSIONAL TOOL SALES 103.08 HEX TEKS, CABLE TIES 00005462 211408 80985 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 80.71 DRILL BITS 00005643 211409 80973 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 272.11 PIPE PLUGS, NIPPLES 00005569 211410 80974 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 455.90 322549 5/21/2009 100969 PROGRESSIVE CONSULTING ENGINEE 1,107.13 WELL HOUSE #20 211744 07037.18 05480.1705.21 CONSULTING INSPECTION WM -480 NEW WELL #20 PHASE 2 1,107.13 322650 5/2112009 100971 QUALITY WINE 1,833.61 211488 154859 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,484.30 211489 155370 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 967.80 211490 156229 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,502.44 211836 154860 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,816.94 211837 156285 -00 362.5513 COST OF GOODS SOLD WINE VERNON SELLING CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 25 5/21/2009 - 5121/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 452.00 211838 156230 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,944.44 211839 156193 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,015.10 211840 155371 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,833.61 211841 154861 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 4,542.39 211842 156192 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 584.90 211843 156194 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 437.00 211844 156231 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 23,414.53 322551 512112009 123898 QWEST 770.40 612 E01 -0426 211449 0426 -5109 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 137.72 952 285 -2951 211450 2951 -5/09 1470.6188 TELEPHONE FIRE DEPT. GENERAL 508.38 612 E24 -8657 211451 8657- 5/09 5420.6186 HEAT CLUB HOUSE 285.54 612 E24 -8656 211452 8656 -5/09 1628.6188 TELEPHONE SENIOR CITIZENS 604.45 612 E12 -6797 211453 6797 -5/09 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 507.85 612 E01 -8392 211454 8392 -5/09 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 86.60 952 926 -0419 211455 0419 -5/09 1646.6188 TELEPHONE BUILDING MAINTENANCE 51.76 952 926 -0092 211456 0092 -5/09 5913.6188 TELEPHONE DISTRIBUTION 18.12 651281-1355 B001311 211457 1355 -5109 1400.6188 TELEPHONE POLICE DEPT. GENERAL 2,970.82 322552 5/21/2009 100975 RED WING SHOE STORE 127.46 SAFETY BOOTS 00005189 211411 72500000996 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 127.46 322553 512112009 101111 REED BUSINESS INFORMATION 189.42 AD FOR BID 211412 4156051 1120.6120 ADVERTISING LEGAL ADMINISTRATION 209.10 AD FOR BID 211413 4160861 1120.6120 ADVERTISING LEGAL ADMINISTRATION 228.78 AD FOR BID 211414 4160862 1120.6120 ADVERTISING LEGAL ADMINISTRATION 209.10 AD FOR BID 211415 4167207 1120.6120 ADVERTISING LEGAL ADMINISTRATION 228.78 AD FOR BID 211416 4167208 1120.6120 ADVERTISING LEGAL ADMINISTRATION 403.44 AD FOR BID 211601 4167206 1120.6120 ADVERTISING LEGAL ADMINISTRATION 1,468.62 322554 512112009 100980 ROBERT B. HILL CO. 73.75 SOFTENER SALT 00003648 211667 00221053 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 73.75 e 322555 512112009 100988 SAFETY KLEEN 112.41 RECYCLE PARTS WASHER 00005853 211528 MB02586051 1553.6103 PROFESSIONAL SERVICES EQUIPMENT OPERATION GEN 112.41 R55CKREG LOG20000 CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 26 5/2112009 - 5/2112009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322556 512112009 117807 SAM'S CLUB 63.05 7715090304872906 SUPPLIES 211668 050709 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 63.05 322557 512112009 101822 SAM'S CLUB DIRECT 11.27 101 "' «`•9350 211602 051209 4075.5510 COST OF GOODS SOLD VANVALKENBURG 11.27 322558 5/2112009 123118 SAMMY S SUBS AND SALADS 60.00 REFRESHMENTS FOR CLASS 211669 288743 7414.6218 EDUCATION PROGRAMS PUBLIC PROGRAMS 60.00 322559 512112009 118940 SAMS IRRIGATION SERVICE CO. 151.46 IRRIGATION START -UP 00002239 211745 218 5620.6180 CONTRACTED REPAIRS EDINBOROUGH PARK 151.46 322560 512112009 118168 SANSIO 1,050.81 EMS SUBSCRIPTION 211670 INV013085 1470.6160 DATA PROCESSING FIRE DEPT. GENERAL 1,050.81 322561 5/21/2009 100990 SCHARBER & SONS 29.55 PINS, WASHERS, LOCK NUTS 00005636 211417 1021683 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 99.60 COVER, BRACKET FILTERS 00005021 211418 1021682 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 70.57 RIVETS 00005636 211419 1021684 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 17.04 BOLTS OOD05746 211420 1023265 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 216.76 322562 6121/2009 103836 SCHEERER, DANIEL 4,875.00 PAINTING 00003525 211671 051409 45008.6710 EQUIPMENT REPLACEMENT FIRE STATION #1 RENOVATION 4,875.00 322563 5/21/2009 105442 SCHERER BROS. LUMBER CO. 305.26 LUMBER, STAKES, NAILS 00005649 211529 40743541 1314.6406 GENERAL SUPPLIES STREET RENOVATION 305.26 322564 5121/2009 104161 SCHINDLER ELEVATOR CORP. 661.71 QUARTERLY MAINTENANCE 00005842 211421 8102344631 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 661.71 322565 6/2112009 101577 SCHMOLL, RUTH 258.85 PETTY CASH 211688 051409 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 258.85 CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 27 5/21/2009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322566 5/2112009 100995 SEH 226.50 CITYWORKS SUPPORT 211746 217485 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 226.50 322567 5/2112009 102841 SHUTTERS'N SHADES 310.01 SHUTTER REPAIR 00006345 211603 SNS20278 5424.6180 CONTRACTED REPAIRS RANGE 310.01 322568 5/2112009 100629 SMITH, AMY 312.40 MILEAGE REIMBURSEMENT 211604 051409 5410.6107 MILEAGE OR ALLOWANCE GOLF ADMINISTRATION 312.40 322569 5/21/2009 102935 SOUTH TOWN REFRIGERATION INC 285.00 FREEZER REPAIR 00006340 211605 75759 5421.6180 CONTRACTED REPAIRS GRILL 972.16 REPLACED COMPRESSOR 00006340 211672 75702 5421.6180 CONTRACTED REPAIRS GRILL 1,257.16 322570 5/21/2009 102424 SPEEDY PRINT 2,055.45 BRAEMAR SCORECARDS 211673 66972 5410.6575 PRINTING GOLF ADMINISTRATION 958.50 RICHARDS GOLF SCORECARDS 211674 66996 5430.6575 PRINTING RICHARDS GOLF COURSE 958.50 EXECUTIVE COURSE SCORECARDS 211675 66995 5410.6575 PRINTING GOLF ADMINISTRATION 772.13 CLUNIE SCORECARDS 211676 67005 5410.6575 PRINTING GOLF ADMINISTRATION 4,744.58 322571 5/2112009 101004 SPS COMPANIES 76.97 TUBING, ADAPTERS 00005682 211530 S2030396.001 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 28.83 RUBBER KIT 00005658 211677 S2027518.002 5922.6530 REPAIR PARTS SEWER TREATMENT 21.37 VALVES, BRUSHES 00005694 211678 S2033048.001 5923.6530 REPAIR PARTS COLLECTION SYSTEMS 373.76 REPAIR KITS, SEALANT 00005594 211679 S2029171.001 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 500.93 322572 5/2112009 103277 ST. JOSEPH EQUIPMENT CO INC 87.67 SEAL 00005028 211531 S170656 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 184,029.87 CASE LOADER 00005418 211532 SM09881 1305.6710 EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT 184,117.54 322573 6121/2009 100650 STANLEY SECURITY SOLUTIONS INC 258.06 PADLOCKS, KEYS 00005580 211422 CH- 506952 5923.6406 GENERAL SUPPLIES COLLECTION SYSTEMS 29.66 KEYS 00005529 211533 CH- 506602 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 30.76 PARK BUILDING KEYS 00005589 211680 CH- 507106 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 318.48 R55CKREG LOG20000 CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 28 5/21/2009 — 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322574 512112009 101017 SUBURBAN CHEVROLET 14.25 CAP 00005742 211423 175492 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 14.25 CAP 00005304 211534 174946 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 28.50 322575 5/2112009 100900 SUN NEWSPAPERS 600.00 BRAEMAR GOLF AD 211424 1176865 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 600.00 BRAEMAR GOLF AD 211682 1180317 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 1,200.00 322576 5/2112009 120998 SURLY BREWING CO. 1,145.00 211491 JM8167 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 773.00 211845 D8471 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 724.00 211846 JM8168 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,642.00 322577 5121/2009 122511 SWANK MOTION PICTURES INC. 2,024.57 MOVIE RENTALS & LICENSE 00002014 211681 RG0774756 5631.6180 CONTRACTED REPAIRS CENTENNIAL ADMINISTRATION 2,024.57 322578 512112009 120595 T- MOBILE 41.63 477067848 SURVEY PHONE 211747 042709 1260.6188 TELEPHONE ENGINEERING GENERAL 41.63 322579 512112009 111616 T.D. ANDERSON INC. 38.00 BEERLINE CLEANING 211606 380950 5421.6102 CONTRACTUAL SERVICES GRILL 38.00 322580 5/2112009 102127 TAYLOR S ASSOCIATES INC. 22,476.78 CHAISE LOUNGES 00004145 211535 14930 5311.6406 GENERAL SUPPLIES POOL OPERATION 22,476.78 322581 5121/2009 104932 TAYLOR MADE 202.86 MERCHANDISE 211607 12015395 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,009.80 MERCHANDISE 211608 11444217 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,212.66 322582 5/21/2009 124302 TEMACA LAWN SPRINKLERS INC. 919.55 SPRINKLER REPAIR 211748 5595 01214.1705.20 CONSULTING DESIGN PHASE 2 DREXEL, WOODDALE, EDIN 919.55 CITY OF EDINA 5/20/2009 8:28:42 R55CKREG LOG20000 Council Check Register Page - 29 5/21/2009 - 5121/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322683 5121/2009 101035 THORPE DISTRIBUTING COMPANY 2,000.23 211492 540571 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 104.50 211493 540572 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 522.00 211609 71662 5421.5514 COST OF GOODS SOLD BEER GRILL 65.55 211847 541561 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 4,775.90 211847 541561 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 7,468.18 322584 6/2112009 120700 TIGER OAK PUBLICATIONS INC. 1,161.00 BRAEMAR GOLF AD 211610 2009 -31382 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 350.00 MAGAZINE ADVERTISING 211749 2009 -27403 5822.6122 ADVERTISING OTHER 50TH ST SELLING 350.00 MAGAZINE ADVERTISING 211749 2009 -27403 5842.6122 ADVERTISING OTHER YORK SELLING 350.00 MAGAZINE ADVERTISING 211749 2009 -27403 5862.6122 ADVERTISING OTHER VERNON SELLING 2,211.00 322586 5121/2009 123129 TIMESAVER OFF SITE SECRETARIAL 262.50 DRAFT MINUTES 515/09 211766 M17014 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 262.50 322686 5/2112009 101038 TOLL GAS & WELDING SUPPLY 68.10 WELDING GAS 00005839 211426 478954 1553.6580 WELDING SUPPLIES EQUIPMENT OPERATION GEN 19.27 ALUMINUM WIRE 00005294 211427 262883 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 137.66 WELDING TIPS 00005382 211611 264016 1553.6580 WELDING SUPPLIES EQUIPMENT OPERATION GEN 225.03 322587 512112009 100682 TRUGREEN LAWNCARE 144.32 WEED CONTROL 00005783 211536 676049 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 144.32 322588 5/2112009 118190 TURFWERKS LLC 309.52 MUFFLER, CLAMPS 00005829 211425 S118143A 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 275.30 SEAL KITS 00005745 211612 J115089 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 88:36 WHEEL BOLTS 00005744 211683 J115078 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 673.18 322589 5/2112009 101047 TWIN CITY GARAGE DOOR CO 1.571.43 GARAGE DOOR PARTS 00005940 211613 314483 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 1,571.43 322590 5/2112009 102150 TWIN CITY SEED CO. 383.40 GRASS SEED 00005599 211537 20793 1643.6547 SEED GENERAL TURF CARE 788.10 SEED 00006203 211614 20721 5422.6543 SOD & BLACK DIRT MAINT OF COURSE & GROUNDS R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/21/2009 - 5121/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 216.62 FERTILIZER 00005613 211684 20815 1643.6540 FERTILIZER MEETING EXPENSE PROFESSIONAL SERVICES BANK SERVICES CHARGES TOOLS REPAIR PARTS REPAIR PARTS CONFERENCES & SCHOOLS TREES, FLOWERS, SHRUBS REPAIR PARTS EQUIPMENT RENTAL PAPER SUPPLIES GENERAL SUPPLIES PAPER SUPPLIES GENERAL SUPPLIES REPAIR PARTS REPAIR PARTS 5/20/2009 8:28:42 Page - 30 Business Unit GENERAL TURF CARE ADMINISTRATION CONTINGENCIES CENTRAL SERVICES GENERAL GENERAL MAINTENANCE PARKING RAMP EQUIPMENT OPERATION GEN TRAINING EDINBOROUGH PARK CENT SVC PW BUILDING POLICE DEPT. GENERAL VERNON SELLING VERNON LIQUOR GENERAL VERNON SELLING LITTER REMOVAL EQUIPMENT OPERATION GEN GOLF CARS COST OF GOODS SOLD WINE VERNON SELLING 1,388.12 322591 5121/2009 115379 U.S. BANK 50.00 CHAMBER LUNCHEON 211428 050509 1120.6106 16.90 NET ZERO 211429 MAY0509 1500.6103 106.00 PAYPAL INTERNET 211429 MAY0509 1550.6155 53.24 00005937 211538 5/2052009 1301.6556 77.00 00005937 211538 5/2052009 1375.6530 110.28 00005937 211538 5/2052009 1553.6530 1,526.00 00005937 211538 5/2052009 1281.6104 1,939.42 322592 5/21/2009 103248 ULLRICH, CINDY 218.09 PLANTS 211750 051509 5620.6620 218.09 322593 5/2112009 122221 UNITED RENTALS NORTHWEST INC. 603.30 POWER CABLES, VALVES 00005672 211539 80997479 -001 1552.6530 603.30 322594 512112009 100410 USA MOBILITY WIRELESS INC. 369.42 PAGERS 211430 S0319246E 1400.6151 369.42 322595 5/2112009 101058 VAN PAPER CO. 87.78 LIQUOR BAGS 00007513 211431 119955 -01 5862.6512 122.58 CAN LINERS, TOWELS, PLATES 00007513 211432 119955 -00 5860.6406 385.31 LIQUOR BAGS 00007513 211432 119955 -00 5862.6512 531.14 CAN LINERS, TISSUE 00005602 211685 121075 -00 1645.6406 1,126.81 322596 512112009 115380 VARITECH INDUSTRIES INC. 343.07 PUMP 00005379 211433 115753 1553.6530 343.07 322597 512112009 101063 VERSATILE VEHICLES INC. 7.81 SPEED SENSOR 00006288 211615 41842 5423.6530 7.81 322598 5121/2009 102218 VINTAGE ONE WINES 451.00 211848 12767 862.5513 MEETING EXPENSE PROFESSIONAL SERVICES BANK SERVICES CHARGES TOOLS REPAIR PARTS REPAIR PARTS CONFERENCES & SCHOOLS TREES, FLOWERS, SHRUBS REPAIR PARTS EQUIPMENT RENTAL PAPER SUPPLIES GENERAL SUPPLIES PAPER SUPPLIES GENERAL SUPPLIES REPAIR PARTS REPAIR PARTS 5/20/2009 8:28:42 Page - 30 Business Unit GENERAL TURF CARE ADMINISTRATION CONTINGENCIES CENTRAL SERVICES GENERAL GENERAL MAINTENANCE PARKING RAMP EQUIPMENT OPERATION GEN TRAINING EDINBOROUGH PARK CENT SVC PW BUILDING POLICE DEPT. GENERAL VERNON SELLING VERNON LIQUOR GENERAL VERNON SELLING LITTER REMOVAL EQUIPMENT OPERATION GEN GOLF CARS COST OF GOODS SOLD WINE VERNON SELLING 5/20/2009 8:28:42 Page- 31 Subledger Account Description Business Unit PROFESSIONAL SERVICES ENGINEERING GENERAL REPAIR PARTS REPAIR PARTS EQUIPMENT OPERATION GEN CENT SVC PW BUILDING 322602 5/21/2009 101033 WINE COMPANY, THE CITY OF EDINA R55CKREG LOG20000 1,043.00 211849 217932 -00 5862.5513 COST OF GOODS SOLD WINE Council Check Register 1,077.95 211850 217935 -00 5/2112009 - 5/21/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 217931 -00 5822.5513 451.00 50TH ST SELLING 2,525.55 322599 512112009 102542 WALKER PARKING CONSULTANTS INC 322603 512112009 480.00 REVIEW FOUR PKG DECK ISSUES 211751 21356000002 1260.6103 480.00 289,11 322600 512112009 5862.5513 106699 WALSER CHRYSLER JEEP VERNON SELLING 1,274.60 62.12 LATCH 00005305 211540 158123 1553.6530 COST OF GOODS SOLD WINE YORK SELLING 62.12 211854 322601 512112009 COST OF GOODS SOLD WINE 101078 WESTSIDE EQUIPMENT 1,852.82 203.11 PUMP REPAIRS 00005827 211434 0039308 -IN 1552.6530 322604 5/21/2009 203.11 5/20/2009 8:28:42 Page- 31 Subledger Account Description Business Unit PROFESSIONAL SERVICES ENGINEERING GENERAL REPAIR PARTS REPAIR PARTS EQUIPMENT OPERATION GEN CENT SVC PW BUILDING 322602 5/21/2009 101033 WINE COMPANY, THE 1,043.00 211849 217932 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,077.95 211850 217935 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 404.60 211851 217931 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,525.55 322603 512112009 101312 WINE MERCHANTS 289,11 211852 274031 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,274.60 211853 274030 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 289.11 211854 274029 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,852.82 322604 5/21/2009 124291 WIRTZ BEVERAGE MINNESOTA 2,386.85 211655 227487 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,219.69 211856 227475 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 9,523.40 211857 227486 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING . 1,981,09 211858 222444 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 56.02 211859 227485 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 762.30 211860 227478 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,221,48 211861 227480 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,755.10 211862 227481 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,077.85 211863 227482 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 82.10 211864 227483 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 30.40 211865 227488 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 26.00 211866 227479 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 2,836.75 211867 222288 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,053.65 211868 227476 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 71.95 211869 227477 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 5/20/2009 8:28:42 Council Check Register Page - 32 5/21/2009 - 5/2112009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 633.91 211870 227473 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 81.05- 211871 776818 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 19.59- 211872 776897 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 109.75- 211873 776817 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 28,510.15 322605 512112009 101086 WORLD CLASS WINES INC 727.80 .211494 228833 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 526.35 211874 228832 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 973.55 211875 228834 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,227.70 322606 5/2112009 101726 XCEL ENERGY 28.79 51- 7567037 -0 211435 194591694 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 2,726.98 51- 9013604.6 211436 194970734 5913.6185 LIGHT & POWER DISTRIBUTION 21.75 51- 4151897 -6 211437 194535708 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 3,447.19 51- 6621207 -1 211438 194577404 5913.6185 LIGHT & POWER DISTRIBUTION 4,645.01 51- 5888961 -7 211439 194909746 1375.6185 LIGHT & POWER PARKING RAMP 4,245.70 51- 5619094 -8 211440 194905884 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 199.09 51- 41976458 211441 195050537 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 630.85 51- 5605640 -1 211752 195606756 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 17,133.21 51- 5605640 -1 211752 195606756 5913.6185 LIGHT & POWER DISTRIBUTION 33,078.57 322607 5/2112009 105727 ZEBEC OF NORTH AMERICA INC. 790.24 INNER TUBES 211616 12624 5311.6406 GENERAL SUPPLIES POOL OPERATION 790.24 322608 512112009 101089 ZEE MEDICAL SERVICE 110.03 FIRST AID SUPPLIES 00006346 211617 54064624 5410.6610 SAFETY EQUIPMENT GOLF ADMINISTRATION 110.03 322609 5/2112009 101091 ZIEGLER INC 4.58 O -RINGS 00005748 211618 PC001141664 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 340.00 GENERATOR MAINTENANCE 211686 E6076409 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 450.00 GENERATOR MAINTENANCE 211753 E6395902 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 794.58 910,130.07 Grand Total Payment Instrument Totals Check Total 910,130.07 1 Payments 910,130.07 R55CKSUM LOG20000 CITY OF EDINA Council Check Summary 5121/2009 - 5/21/2009 Company Amount 01000 GENERAL FUND 513,854.58 02200 COMMUNICATIONS FUND 6,455.56 02300 POLICE SPECIAL REVENUE 399.97 03200 CITY HALL DEBT SERVICE 2,000.00 04000 WORKING CAPITAL FUND 16,227.74 05100 ART CENTER FUND 3,075.58 05200 GOLF DOME FUND 10,690.98 05300 AQUATIC CENTER FUND 24,924.80 05400 GOLF COURSE FUND 30,940.82 05500 ICE ARENA FUND 10,166.05 05600 EDINBOROUGH /CENT LAKES FUND 21,101.25 05800 LIQUOR FUND 205,334.46 05900 UTILITY FUND 57,788.88 05930 STORM SEWER FUND 2,953.80 05950 RECYCLING FUND 20.00 07400 PSTF AGENCY FUND 4,195.60 Report Totals 910,130.07 We confirm to the best of our WwMedge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policips a9d procedures date rol 5/20/2009 8:29:57 Page- 1 R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 1 5/28/2009 -5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322610 5/28/2009 100612 A.M. LEONARD 176.93 LAWN BAGS, GLOVES 00002011 212216 C10955786 5630,6406 GENERAL SUPPLIES CENTENNIAL LAKES 176.93 322611 5/2812009 101304 ABM EQUIPMENT & SUPPLY 510.67 EQUIPMENT REPAIRS 00005412 211878 0120939 -IN 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 510.67 322612 512812009 102971 ACE ICE COMPANY 57.20 211989 0801972 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 80.20 211990 0722096 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 39.20 211991 0722121 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 45.20 212300 0722157 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 95.90 212301 0802069 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 63.80 212302 0722158 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 49.60 212303 0722156 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 431.10 322613 5/2812009 105476 ACE TRAILER SALES 72.10 4- LEAFS, BOLTS, NUTS 00005949 211879 5018687 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 72.10 322614 5/2812009 124320 ADVERTISING FEDERATION OF MINN 1,950.00 KQRS,KDWB,KFAN 212057 2009 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 2,650.00 AD SPACE NETWORKS 212057 2009 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 4,600.00 322615 5/2812009 102128 AEARO CO. 183.00 SAFETY GLASSES 00005516 211880 02626804 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 183.00 322616 5/28/2009 111229 ALLEGIS CORPORATION 63.70 T- HANDLES 00005310 211881 S1312821.001 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 63.70 322617 5/28/2009 , 103357 ALPHA VIDEO & AUDIO INC. 195.13 EQUIPMENT RENTAL 211956 ALERTINV11497 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 195.13 322618 5128/2009 101829 AMERICAN SANDBLASTING INC. 29,500.00 WATERSLIDE PAINTING 21218D CE05192009 5311.6532 PAINT POOL OPERATION 22,500.00 SANDBLAST & PAINT POOL 00004164 212217 CE05212009 5311.6532 PAINT POOL OPERATION R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc.No Inv No Account No Subledger Account Description 52, 000.00 322619 5/28/2009 100665 AMSAN 21.59 CLEANING PADS 00005595 212218 201347481 1646.6406 GENERAL SUPPLIES 21.59 322620 6/28/2009 102172 APPERrS FOODSERVICE 619.68 FOOD 212058 1155449 5421.5510 COST OF GOODS SOLD 619.68 322621 5128/2009 100632 AQUA ENGINEERING 42.51 SPRINKLER HEADS 00005945 212219 30768 1314.6406 GENERAL SUPPLIES 42.51 322622 5128/2009 120451 ARMSTRONG TORSETH SKOLD & RYDE 5,668.00 ARCHITECTURAL SERVICES 00007109 212119 209010 1621.6406 GENERAL SUPPLIES 5,668.00 322623 6/28/2009 106015 ATHLETICA INC. 698.40 PORTABLE RINK PARTS 00005784 212220 0028558 -IN 1648.6530 REPAIR PARTS 698.40 322624 5/28/2009 106321 BARTLEY SALES COMPANY INC. 511.20 CABINET DOORS 00008075 212059 81733 5511.6406 GENERAL SUPPLIES 511.20 322625 5/2812009 102449 BATTERY WHOLESALE INC. 134.57 BATTERIES 00005307 211882 C9078 1553.6530 REPAIR PARTS 243.87 BATTERIES 00005303 211883 C9032 1553.6530 REPAIR PARTS 182.00- CREDIT 211884 C9033 5423.6530 REPAIR PARTS 6.50- CREDIT 00005833 211885 C8759 1553.6530 REPAIR PARTS 189.94 322626 512812009 100607 BAUER, MICHAEL 5127/2009 8:23:19 Page- 2 Business Unit BUILDING MAINTENANCE GRILL STREET RENOVATION ATHLETIC ACTIVITIES SKATING RINK MAINTENANCE ARENA BLDG /GROUNDS EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN GOLF CARS EQUIPMENT OPERATION GEN 1,268.45 TUITION REIMBURSEMENT 211886 051809 1281.6104 CONFERENCES & SCHOOLS TRAINING 1,268.45 322627 6/2812009 120447 BEC CORPORATION 779.51 SUBMERSIBLE TRANSMITTER 00001745 211887 14265 5921.6530 REPAIR PARTS SANITARY LIFT STATION MAINT 779.51 322628 5/28/2009 100646 BECKER ARENA PRODUCTS CITY OF EDINA 5/27/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 3 5/2812009 -5128/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 83.51 ICE EDGER BLADES 00008077 211888 00073608 5521.6406 GENERAL SUPPLIES ARENA ICE MAINT 83.51 322629 5/2812009 122593 BELDE BUILDING MAINTENANCE 1,893.90 JANITORIAL SERVICE 212200 1041 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 1,893.90 322630 5128/2009 101355 BELLBOY CORPORATION 775.05 211992 48992600 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 512.40 211993 48992900 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 464.20 211994 49000900 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 121.55 211995 49001000 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 101.80 211996 48992800 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1.56 211997 48993100 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 37.90 211998 48992700 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,834.56 211999 48993000 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 340.14 212000 82205300 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 134.80 212001 82232500 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 203.61 212002 82232400 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 176.94 212003 5805000 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 130.28 212004 82232600 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,142.69 212304 49072700 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,977.48 322631 6128/2009 103486 BEND IN THE RIVER BIG BAND 125.00 PERFORMANCE 6/3109 212214 052509 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 125.00 322632 6/28/2009 101191 BENNEROTTE, JENNIFER 84.84 COSTUME RENTAL 212221 052209 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 84.84 322633 5/28/2009 105833 BERGERSON - CASWELL INC. 3,680.00 WELL MOTOR REPAIR 00005724 212181 8019 5911.6180 CONTRACTED REPAIRS WELL PUMPS 3,680.00 322634 5/28/2009 100648 BERTELSON OFFICE PRODUCTS 15.63 OFFICE SUPPLIES 211889 WO- 561495 -1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 25.91 OFFICE SUPPLIES 211890 OE- 195002 -1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 189.25 OFFICE SUPPLIES 211891 WO- 561922 -1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 151.02 LABELER 211957 WO- 561073 -1 1554.6406 GENERAL SUPPLIES CENT SERV GEN - MIS 14.30- CREDIT 212060 CP -WO- 561495 -1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 1120.6105 DUES & SUBSCRIPTIONS 1120.6105 DUES & SUBSCRIPTIONS 1470.6510 FIRST AID SUPPLIES 5862.5513 COST OF GOODS SOLD WINE 5842.5513 COST OF GOODS SOLD WINE 1553.6530 367.51 1553.6530 REPAIR PARTS 1553.6180 CONTRACTED REPAIRS 322635 512812009 REPAIR PARTS 103228 BNA REPAIR PARTS COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,013.00 BULLETIN SUBSCRIPTION 211958 10439981 1,712.00 GOV EMPLOYEE RELATIONS REPORT 211959 10439982 2,725.00 322636 5/28/2009 105367 BOUND TREE MEDICAL LLC 429.52 AMBULANCE SUPPLIES 00003520 212061 87063249 429.52 322637 512812009 119351 BOURGET IMPORTS 129.50 212005 95572 246.00 212305 95618 375.50 322638 5/28/2009 100659 BOYER TRUCK PARTS 7.77 HANDLE 00005753 211892 296552 12.34 PAD, CAP 00005309 211893 296632 1,471.52 EQUIPMENT REPAIRS 00005419 211894 224355 705.63 SPRING ASSEMBLY, U -BOLTS 00005758 212062 297208 75.13 CONTROL 00005768 212063 298035 2,272.39 322639 512812009 106484 BRINDLE, MARY 35.00 ULI SEMINAR 211960 052009 35.00 322640 5/28/2009 100669 BRYAN ROCK PRODUCTS INC. 69.83 RIP RAP 00005849 211961 051509 478.27 BALLFIELD AGLIME 00005621 212222 MAY1509 548.10 322641 512812009 102149 CALLAWAY GOLF 159.95 GOLF CLUBS 212224 918468087 220.04 GOLF CLUBS 212225 918414931 220.04 GOLF CLUBS 212226 918434623 188.00 GOLF CLUBS 212296 918396165 788.03 322642 512812009 119455 CAPITOL BEVERAGE SALES 5,838.25 212006 14891 1120.6105 DUES & SUBSCRIPTIONS 1120.6105 DUES & SUBSCRIPTIONS 1470.6510 FIRST AID SUPPLIES 5862.5513 COST OF GOODS SOLD WINE 5842.5513 COST OF GOODS SOLD WINE 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1553.6180 CONTRACTED REPAIRS 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1100.6104 CONFERENCES & SCHOOLS 1301.6406 GENERAL SUPPLIES 1642.6542 INFIELD MIXTURE 5127/2009 8:23:19 Page- 4 Business Unit ADMINISTRATION ADMINISTRATION FIRE DEPT. GENERAL VERNON SELLING YORK SELLING EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN CITY COUNCIL GENERAL MAINTENANCE FIELD MAINTENANCE 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5440.5511. COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5842.5514 COST OF GOODS SOLD BEER YORK SELLING R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 5 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 34.35 212007 14889 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 7480 212008 14882 5822.5514 COST OF GOODS SOLD BEER .50TH ST SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1553.6530 REPAIR PARTS 5,947.40 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 322643 5/28/2009 EQUIPMENT OPERATION GEN 116683 CAT & FIDDLE BEVERAGE REPAIR PARTS EQUIPMENT OPERATION GEN 1325.6406 GENERAL SUPPLIES 142.00 5430.6186 212009 82131 7411.6186 HEAT 295.00 7413.6186 212124 82150 1646.6189 38.34 120.00 212230 212125 82151 39.91 00086676 - 0330288022 557.00 0330288022 -5/09 1646.6189 696.00 322644 5128/2009 100681 CATCO 187.67 PURGE VALVE KITS 00005387 211895 3 -71822 70.16 COUPLERS 00005766 211896 1 -83383 8.09 TOUCH UP PAINT 00005767 211897 3 -72712 222.02 FITTINGS, PIGGYBACKS 00005755 211898 3 -72469 487.96 322645 5128/2009 103079 CEDAR SMALL ENGINE INC. 18.42 OIL CAPS 00005475 212064 23565 18.42 322646 5/28/2009 112561 CENTERPOINT ENERGY 40.85 5596524 -8 212065 051409 539.72 5584304 -9 212182 MAY1409 13.05 5584310 -6 212183 5 -14 -2009 593.62 322647 5/28/2009 119725 CHISAGO LAKES DISTRIBUTING CO 108.00 212306 391172 108.00 322648 5/28/2009 106402 CHURCHILL, LEE 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 5430.6186 HEAT RICHARDS GOLF COURSE 7411.6186 HEAT PSTF OCCUPANCY 7413.6186 HEAT PSTF FIRE TOWER 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 558.00 SOFTBALL OFFICIATING 212172 052209 4077.6103 558.00 322649 5/2812009 122084 CITY OF EDINA - UTILITIES 591.00 00105263 - 0335037016 212228 0335037016 -5/09 5420.6189 26.75 00077443 - 0306900191 212229 0306900191 -5/09 1646.6189 38.34 00077443 - 0332300004 212230 0332300004 -5/09 1646.6189 39.91 00086676 - 0330288022 212231 0330288022 -5/09 1646.6189 696.00 PROFESSIONAL SERVICES SEWER & WATER SEWER & WATER SEWER & WATER SEWER & WATER EDINA ATHLETIC ASSOCIATION CLUB HOUSE BUILDING MAINTENANCE BUILDING MAINTENANCE BUILDING MAINTENANCE R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 6 5/28/2009 -5128/2009 Check # Date' Amount Supplier / Explanation PO # Doc No Inv No Account No Suhledger Account Description Business Unit 322650 5/2812009 100692 COCA -COLA BOTTLING CO. 16.50 212307 0128414318 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 11.00- 212308 0128414317 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 602.80 212309 0128414315 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 608.30 322651 5128/2009 121066 COMMERCIAL ASPHALT CO. 1,739.47 ASPHALT 00005970 212066 051509 1301.6518 BLACKTOP GENERAL MAINTENANCE 1,739.47 322652 5/28/2009 101323 CONNEY SAFETY PRODUCTS 214.50 EARMUFFS, GLOVES 00005851 211899 03461196 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 6.82 SPLINTER OUTS 00005851 212067 03461868 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 221.32 322653 5/28/2009 121618 DAKOTA SUPPLY GROUP 521.85 2" METER HEAD & RTR 00005710 211900 6052475 5917.6530 REPAIR PARTS METER REPAIR 521.85 322654 5/28/2009 104020 DALCO 977.20 TISSUE, TOWELS, GLOVES 00005847 212068 2096712 1552.6511 CLEANING SUPPLIES CENT SVC PW BUILDING 977.20 322655 5128/2009 124326 DAVE MICKELSON PLBG 59.84 SINK REPAIR 212295 1001 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 59.84 322656 5/2812009 102478 DAY DISTRIBUTING CO. 2,174.64 212010 504789 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 22.40 212011 504790 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,748.95 -212012 503925 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,345.88 212013 504787 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 22.40 212014 504788 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,636.60 212310 504786 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6,950.87 322657 5/28/2009 118490 DEEP ROCK WATER COMPANY 4.79 609425 WATER 212227 6764825 5311.6406 GENERAL SUPPLIES POOL OPERATION 4.79 322658 5128/2009 105930 DELL MARKETING L.P. 374.76 MONITOR 00004482 211901 XD755FJ43 1495.6710 EQUIPMENT REPLACEMENT INSPECTIONS 5/2712009 8:23:19 Page - 7 Business Unit GRILL GRILL GRILL GRILL GRILL GRILL ART CENTER ADMINISTRATION ED ADMINISTRATION EQUIPMENT OPERATION GEN 29,374.00 FINAL PAYMENT 212115 CITY OF EDINA 05491.1705.30 R55CKREG LOG20000 WM-491 WELL 13 REHAB 29,374.00 322663 Council Check Register 100740 EARL F. ANDERSEN INC. 5/28/2009 - 5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 48.46 374.76 322659 5/28/2009 100720 DENNYS 5TH AVE. BAKERY 62.55 BAKERY 212069 300862 5421.5510 COST OF GOODS SOLD COST OF GOODS SOLD BEER GRILL 76.20 BAKERY 212070 301087 5421.5510 COST OF GOODS SOLD 92.99 BAKERY 212071 301177 5421.5510 COST OF GOODS SOLD 42.86 BAKERY 212072 301244 5421.5510 COST OF GOODS SOLD 00005713 211903 051509 60.68 BAKERY 212232 301464 5421.5510 COST OF GOODS SOLD 83.64 BAKERY 212233 301561 5421.5510 COST OF GOODS SOLD 105944 EMANUEL, LOU 418.92 322660 512812009 SOFTBALL OFFICIATING 102831 DEX EAST 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 18.00 110350670 212234 051609 5110.6122 ADVERTISING OTHER 261.25 650243624 212235 MAY1609 5610.6122 ADVERTISING OTHER 279.25 322661 5/28/2009 100728 DITCH WITCH OF MINNESOTA 60.65 BELTS 00005765 211902 P08327 1553.6530 REPAIR PARTS 60.65 322662 5/2812009 100737 E. H. RENNER & SONS 5/2712009 8:23:19 Page - 7 Business Unit GRILL GRILL GRILL GRILL GRILL GRILL ART CENTER ADMINISTRATION ED ADMINISTRATION EQUIPMENT OPERATION GEN 139.50 322667 5/2812009 104195 EXTREME BEVERAGE LLC. 201.00 212015 777295 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 29,374.00 FINAL PAYMENT 212115 052909 05491.1705.30 CONTRACTOR PAYMENTS WM-491 WELL 13 REHAB 29,374.00 322663 5/2812009 100740 EARL F. ANDERSEN INC. 48.46 NUTS, WASHERS, SEAT 00005619 212184 0087144 -IN 1647.6530 REPAIR PARTS PATHS & HARD SURFACE 48.46 322664 6128/2009 123189 EDINA LIQUOR 543.30 212073 103 - 5115/09 5421.5514 COST OF GOODS SOLD BEER GRILL 543.30 322665 5128/2009 118010 EGAN, BILL 507.63 BEAVER REMOVAL 00005713 211903 051509 5932.6180 CONTRACTED REPAIRS GENERAL STORM SEWER 507.63 322666 5/28/2009 105944 EMANUEL, LOU 13950 SOFTBALL OFFICIATING 212173 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 139.50 322667 5/2812009 104195 EXTREME BEVERAGE LLC. 201.00 212015 777295 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 8 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 100.50 212126 780235 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 301.50 322668 5128/2009 100146 FACTORY MOTOR PARTS COMPANY 194.47 ROTORS, PADS 00005388 211904 6- 1135002 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 194.47 BRAKEPADS, ROTORS 00005306 211905 6- 1135779 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 95.36 SHOE KIT 00005747 211906 1- 3092967 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 188.75 MOTOR 00005769 212074 6- 1139088 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 673.05 322669 5/28/2009 120329 FIRE EQUIPMENT SPECIALTIES INC 1,767.95 TURNOUT GEAR 00003845 212075 6177 1470.6552 PROTECTIVE CLOTHING FIRE DEPT. GENERAL 1,767.95 322670 5/2812009 119211 FIRSTLAB 78.00 DRUG TESTING 211962 00099165 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 78.00 322671 512812009 102727 FORCE AMERICA 34.81 UPDATE KITS 00005955 211907 01321884 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 34.81 322672 512812009 120820 FOREFRONT 20.58 TOWELS 00006149 212236 1117467 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 20.58 322673 512812009 100764 G & K SERVICES_ 61.92 SHOP TOWELS 212185 1006568556 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 61.92 SHOP TOWELS 212186 1006543609 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 123.84 - 322674 5128/2009 123080 GARDEN VIEW GREENHOUSE 308.19 PLANTS 00002011 212237 396308 5630.6620 TREES, FLOWERS, SHRUBS CENTENNIAL LAKES 308.19 322675 512812009 103185 GERTENS 260.93 ROSE SHRUBS 00005964 211963 170832 4091.6406 GENERAL SUPPLIES GRANDVIEW MAINTENANCE 521.85 ROSE SHRUBS 00005964 211963 170832 5914.6530 REPAIR PARTS TANKS TOWERS & RESERVOIR 10.10 . PLANTINGS 00005537 212238 167330 1644.6541 PLANTINGS & TREES TREES & MAINTENANCE 181.05 PLANTINGS 00005781 212239 169954 1644.6541 PLANTINGS & TREES TREES & MAINTENANCE 187.44 PLANTINGS 00005794 212240 170517 1644.6541 PLANTINGS & TREES TREES & MAINTENANCE 1,161.37 CITY OF EDINA 5/27/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 9 512812009 - 5/2812009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322676 5/28/2009 101103 GRAINGER 108.77 LAMPS 212187 9897645512 7412.6406 GENERAL SUPPLIES PSTF RANGE 108.77 322677 5/2812009 120201 GRANICUS INC. 829.64 WEBSTREAMING 211964 12437 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 829.64 322678 5/28/2009 .102217 GRAPE BEGINNINGS INC 613.00 212127 110266 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 345.00 212311 110264 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 958.00 322679 512812009 101518 GRAUSAM, STEVE 29.91 CARD STOCK PAPER 212201 052209 5840.6513 OFFICE SUPPLIES LIQUOR YORK GENERAL 30.00 CARDING INCENTIVE 212201 052209 5822.6406 GENERAL SUPPLIES 50TH ST SELLING 30.00 CARDING INCENTIVE 212201 052209 5842.6406 GENERAL SUPPLIES YORK SELLING 30.00 CARDING INCENTIVE 212201 052209 5862.6406 GENERAL SUPPLIES VERNON SELLING 119.91 322680 5/2812009 100783 GRAYBAR ELECTRIC CO. INC. 113.00 EMERGENCY LIGHTS 00005651 211908 941218436 5860.6406 GENERAL SUPPLIES VERNON LIQUOR GENERAL 21.83 ELECTRICAL SUPPLIES 00005826 211909 941218437 5420.6406 GENERAL SUPPLIES CLUB HOUSE 932.97 ELECTRICAL SUPPLIES 00005826 211909 941218437 1375.6406 GENERAL SUPPLIES PARKING RAMP 233.49 DIMMERS 00005673 212076 941321254. 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 13.48 SCREWDRIVERS 00005944 212077 941321255 1301.6556 TOOLS GENERAL MAINTENANCE 523.23 UNITAPS 00005944 212077 941321255 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 18.12 ELECTRICAL SUPPLIES 00005852 212078 941269769 1301.6556 TOOLS GENERAL MAINTENANCE 46.14 ELECTRICAL SUPPLIES 00005852 212078 941269769 5311.6406 GENERAL SUPPLIES POOL OPERATION 514.56 ELECTRICAL SUPPLIES 00005852 212078 941269769 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 188.64 DELAY FUSES 00005852 212079 941269770 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 2.605.46 322681 512812009 100786 GROTH MUSIC 157.50 SHEET MUSIC 00002020 212241 1545673 5631.6406 GENERAL SUPPLIES CENTENNIAL ADMINISTRATION 157.50 322682 5/28/2009 101964 GUSTAVE A. LARSON CO. 46.28 HEATER CRANK 00005476 212080 PLY0337374 5420.6406 GENERAL SUPPLIES CLUB HOUSE 46.28 R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 322683 512812009 102778 HARRIS COMPANIES 423.40 SEQUENCER BOARD 00005572 212081 160000929 1551.6530 423.40 322684 5128/2009 100797 HAWKINS INC. 2,995.00 CHEMICALS 00005451 211910 3019487 5915.6586 4,248.35 CHEMICALS 00005451 212242 3020788 5915.6586 7,243.35 322685 5/2812009 100799 HEDBERG AGGREGATES 518.48 MULCH 00007106 211965 661843 5311.6406 518.48 322686 512812009 101209 HEIMARK FOODS 215.04 MEAT PATTIES 212082 021776 5421.5510 215.04 322687 5126 /2009 100801 HENNEPIN COUNTY TREASURER 100.00 CERTIFICATION - S. WILMOT 212188 POOL 1490.6104 100.00 322688 6/28/2009 101717 HENNEPIN COUNTY TREASURER 165.53 LENS 00005951 211911 SIGN00348 1330.6406 215.00 UTILITY PERMIT 00005723 211966 UTIL01148 5913.6260 380.53 322689 6/2812009 116660 HEWLETT - PACKARD COMPANY 1,610.28 PCS AND MONITORS 00004483 211912 45973019 5110.6406 2,415.42 COMPUTERS & MONITORS 00004480 211913 45958851 1495.6710 810.47 NEW FS1 COUNTER PC 00004326 211967 45959363 45008.6710 87.33 DOCK STATION 00004485 212243 45988433 5621.6406 4,923.50 322690 5/28/2009 102483 HILTI INC. 209.43 CRUCIFORM BIT 00005836 212244 1606402343 5923.6406 148.64 DRILL BIT 00005836 212245 1606393715 5923.6406 148.64- CREDIT 00005836 212246 1606402345 5923.6406 209.43 322691 512812009 102484 HIRSHFIELD'S PAINT MANUFACTURI 797.15 FIELD STRIPING PAINT 00005510 212247 83420 1642.6544 797.15 Subledger Account Description REPAIR PARTS 5/27/2009 8:23:19 Page - 10 Business Unit CITY HALL GENERAL WATER TREATMENT SUPPLIES WATER TREATMENT WATER TREATMENT SUPPLIES WATER TREATMENT GENERAL SUPPLIES POOL OPERATION COST OF GOODS SOLD GRILL CONFERENCES & SCHOOLS PUBLIC HEALTH GENERAL SUPPLIES TRAFFIC SIGNALS LICENSES 8 PERMITS DISTRIBUTION GENERAL SUPPLIES ART CENTER ADMINISTRATION EQUIPMENT REPLACEMENT INSPECTIONS EQUIPMENT REPLACEMENT FIRE STATION #1 RENOVATION GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION GENERAL SUPPLIES COLLECTION SYSTEMS GENERAL SUPPLIES COLLECTION SYSTEMS GENERAL SUPPLIES COLLECTION SYSTEMS LINE MARKING POWDER FIELD MAINTENANCE CITY OF EDINA 5127/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 11 5/2812009 -5/28/2009 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322692 512812009 104375 HOHENSTEINS INC. 25.95 212128 486622 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,230.00 212129 486621 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 690.00 212130 486230 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 376.50 212312 486229 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,036.90 212313 486632 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,359.35 322693 512812009 102463 HOULE, WAYNE D. 424.78 CONFERENCE EXPENSE " 212202 052209 1260.6104 CONFERENCES & SCHOOLS ENGINEERING GENERAL 424.78 322694 5/2812009 119094 HUMANA DENTAL 454.55 PREMIUM- 211914 931739982 1550.6043 COBRA INSURANCE CENTRAL SERVICES GENERAL 10,358.85 PREMIUM 211914 931739982 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 10,813.40 322695 5/2812009 104822 HYDRO LOGIC 254.18 IRRIGATION PARTS 00005792 212248 0385373 -IN 1643.6530 REPAIR PARTS GENERAL TURF CARE 254.18 322696 5/28/2009 122565 HYSER, TIMOTHY 279.00 SOFTBALL OFFICIATING 212174 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 279.00 322697 5128/2009 119867 ICMA 994.31 ANNUAL DUES - H. WORTHINGTON 211915 051909 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 994.31 322698 5/28/2009 120085 IDEAL SERVICE INC. 464.00 PREVENTATIVE MAINTENANCE 00005716 211916 3562 5911.6180 CONTRACTED REPAIRS WELL PUMPS 464.00 322699 5128/2009 100814 INDELCO PLASTICS CORP. 31.68 PVC PIPE, CEMENT, PRIMER 00005786 212249 563891 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 31.68 322700 5/2812009 119808 INTEGRA TELECOM 285.40 PHONES /INTERNET 212189 4685552 7411.6188 TELEPHONE PSTF OCCUPANCY 285.40 R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 12 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322701 512812009 100818 INTERSTATE POWER SYSTEMS INC 40.50 TOWER BELTS 212190 405862RI 7413.6406 GENERAL SUPPLIES PSTF FIRE TOWER 40.50 322702 5/2812009 101861 J.H. LARSON COMPANY 250.92 RELAYS 00005696 212083 4223590 -01 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 250.92 322703 5/28/2009 102136 JERRY'S TRANSMISSION SERVICE 236.34 FLASHERS. TRIMARKS 00001000 211917 0013160 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 236.34 322704 5/28/2009 100741 JJ TAYLOR DIST. OF MINN 89.00 212084 1281409 5421.5514 COST OF GOODS SOLD BEER GRILL 8,408.25 212131 1273340 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 38.80 212132 1273341 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 17.55 212133 1273333 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 4,208.78 212134 1273332 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 38.80 212314 1273331 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 7,017.90 212315 1273330 5862.5514. COST OF GOODS SOLD BEER VERNON SELLING 19,819.08 322705 5/28/2009 124104 JOHN DEERE LANDSCAPES I LESCO 107.63 SIGNS, POSTING STICKS 00005620 212250 51182249 1643.6546 WEED SPRAY GENERAL TURF CARE 2,451.81 HERBICIDE, STICKER 00005610 212251 51139548 1643.6546 WEED SPRAY GENERAL TURF CARE 2,326.68 HERBICIDE 00005618 212252 51161421 1643.6546 WEED SPRAY GENERAL TURF CARE 803.65 HERBICIDE, SPRAYER 00005698 212253 51139578 1643.6546 WEED SPRAY GENERAL TURF CARE 5,669.7 322707 512812009 100835 JOHNSON BROTHERS LIQUOR CO. 160.00 212016 1630912 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 801.70 212017 1631704 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 62.84 212018 1631360 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 816.57 212135 1634083 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,428.64 212136 1634082 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,742.72 212137 1634375 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,879.02 212138 1634374 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,153.63 212139 1634377 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 532.84 212140 1634365 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1.12 212141 1626746 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,745.76 212142 1634378 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,764.76 212143 1634376 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING CITY OF EDINA 5/27/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 13 5/28/2009 -5/28/2009 Check# Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 214.74 212144 1634373 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,156.85 212145 1632410 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 9.23- 212146 419063 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 766.76 212316 1634084 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 112.12 212317 1634081 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 392.80 212318 1634085 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,262.30 212319 1634086 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 195.84 212320 1635210 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 622,72 212321 1634364 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,527.06 212322 1634367 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,431:67 212323 1634368 5642.5513 COST OF GOODS SOLD WINE YORK SELLING 869.52 212324 1634370 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,020.75 212325 1634514 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 224.24 212326 1634366 5642.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 318,82 212327 1634372 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,97511 212328 1634371 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,487.12 212329 1634369 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 717.50 212330 1632667 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 36.00- 212331 419866 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 10.40- 212332 419745 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 32,329.89 322708 5/2812009 124319 JURGENS, DANIEL 1.009.60 AMBULANCE OVERPAYMENT 212085 QUINN JURGENS 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,009.60 322709 6/28/2009 111018 KEEPRS INC. 199.99 UNIFORMS 00003509 212086 118609 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 307.96 UNIFORMS 00003509 212087 118609 -01 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 129.99 UNIFORMS 00003506 212088 117693 -02 1470.6558 - DEPT UNIFORMS FIRE DEPT. GENERAL 159.96 UNIFORMS 00003874 212089 117234 -03 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 27.99 UNIFORMS 00003509 212298 118609 -02 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 825.89 322710 5/28/2009 113212 KENDELL DOORS & HARDWARE INC. 28.79 CUT KEYS 211968 86406 1554.6406 GENERAL SUPPLIES CENT SERV GEN - MIS 28.79 322711 612812009 116295 KING PAR CORPORATION 174.32 MERCHANDISE 212254 2496303 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 392.83 MERCHANDISE 212256 2494542 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 549.47 MERCHANDISE 212257 2495828 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page = 14 5/28/2009 -5128/2009 Check # Date Amount Supplier / Explanation PO # : Doc No Inv No Account No Subledger Account Description Business Unit 174.32 MERCHANDISE 212258 2497545 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 452.34 MERCHANDISE 212259 2497524 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 184.01 MERCHANDISE 212260 2497642 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 348.65 MERCHANDISE 212299 2497546 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,275.94 322712 5/2812009 122074 KNOLLMAIER, LAURA 171.73 PETTY CASH 212261 052009 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 171.73 322713 5128/2009 124312 KP CONSTRUCTION - CIRCLE PINES 2,704.96 REPAIR RIDE PATHS 211918 516 5311.6180 CONTRACTED REPAIRS POOL OPERATION 2,704.96 322714 5/28/2009 100852 LAWSON PRODUCTS INC. 117.12 WASHERS, SCREWS 00005700 211919 8061028 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 321.04 DISCS, PINS, CLIPS 00005942 212262 8061658 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 438.16 322715 5/2812009 - 101552 LEAGUE OF MINNESOTA CITIES 300.86 DEDUCTIBLE 211969 022809 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 300.86 322716 5128/2009 101552 LEAGUE OF MINNESOTA CITIES 4,372.31 . DEDUCTIBLE 211970 033109 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 4,372.31 322717 5/2812009 101552 LEAGUE OF MINNESOTA CITIES 294.16 DEDUCTIBLE 211971 MAR3109 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 294.16 322718 5/28/2009 122650 LION'S ALL STAR BASEBALL TOURN 75.00 BRAEMAR GOLF DOME AD 212091 050709 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 75.00 322719 5/28/2009 116760 LITTLE LEAGUE BASEBALL ALL -STA 110.00 BRAEMAR GOLF DOME AD 212090 051809 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 110.00 322720 512812009 106301 LOFFLER COMPANIES INC. 89.70 COPIER USAGE 00001512 211920 1014417 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 89.70 R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 5/27/2009 8:23:19 Page - 15 322721 5/2812009 100858 LOGIS 1,272.00 212263 30743 1554.6160 DATA PROCESSING CENT SERV GEN - MIS 2,488.50 212263 30743 1120.6160 DATA PROCESSING ADMINISTRATION 2,645.00 212263 30743 1495.6160 DATA PROCESSING INSPECTIONS 2,792.00 212263 30743 1554.6160 DATA PROCESSING CENT SERV GEN - MIS 4,954.00 212263 30743 1190.6160 DATA PROCESSING ASSESSING 5,171.00 212263 30743 5910.6160 DATA PROCESSING GENERAL (BILLING) 5,823.50 212263 30743 1160.6160 DATA PROCESSING FINANCE 25,146.00 322722 5/2812009 105922 LORENSON, JEFF 279.00 SOFTBALL OFFICIATING 212175 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 279.00 322723 5/28/2009 112577 M. AMUNDSON LLP 1,722,94 212019 61843 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 683.11 212020 61909 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,406.05 322724 5/28/2009 117804 MALLOY MONTAGUE KARNOWSKI 600.00 2008 AUDIT 211972 24531 5110.6130 PROFESSIONAL SERV - AUDIT ART CENTER ADMINISTRATION 600.00 2008 AUDIT 211972 24531 5210.6130 PROFESSIONAL SERV - AUDIT GOLF DOME PROGRAM 600.00 2008 AUDIT 211972 24531 5310.6130 PROFESSIONAL SERV - AUDIT POOL ADMINISTRATION 1,100.00 2008 AUDIT 211972 24531 5910.6130 PROFESSIONAL SERV - AUDIT GENERAL (BILLING) 2,500.00 2008 AUDIT 211972 24531 5820.6130 PROFESSIONAL SERV - AUDIT 50TH STREET GENERAL 2,500.00 2008 AUDIT 211972 24531 5840.6130 PROFESSIONAL SERV -AUDIT LIQUOR YORK GENERAL 2,500.00 2008 AUDIT 211972 24531 5860.6130 PROFESSIONAL SERV - AUDIT VERNON LIQUOR GENERAL 10,400.00 322726 512812009 100866 MAMA 45.00 DUES - GORDON HUGHES 211921 2486 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 45.00 322726 5128/2009 100868 MARK VII SALES 3,155.80 212021 466867 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 286.60 212092 465166 5421.5514 COST OF GOODS SOLD BEER GRILL 3,165.36 212333 466039 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 4,123.75 212334 466310 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 60.00 212335 468588 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 3,134.60 212336 468587 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,901.44 212337 468834 5842.5514 COST OF GOODS SOLD BEER YORK SELLING R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 16 5/28/2009 -5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 17,827.55 322727 512812009 124000 MARTIN, KAYLIN 96.25 MILEAGE REIMBURSEMENT 212264 052209 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 96.25 322728 5128/2009 101483 MENARDS 21.59 PAINT 00005793 212265 39297 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 21.59 322729 5/28/2009 101987 MENARDS 124.03 SOIL 00002241 212203 82981 5620.6540 FERTILIZER EDINBOROUGH PARK 138.02 TOTES 00002008 212266 81215 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 122.43 BRUSHES, LUMBER 00002001 212267 79214 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 384.48 322730 512812009 102281 MENARDS 7.44 BULBPLANTER 00005780 212268 82176 1643.6556 TOOLS GENERAL TURF CARE 7.44 322731 5128/2009 101891 METRO ATHLETIC SUPPLY 85.15 MEGAPHONE 211922 115561 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 269.97 TENNIS BALLS 211922 115561 1623.6406 GENERAL SUPPLIES TENNIS INSTRUCTION 63.69 TABLE TENNIS BALLS 212120 115653 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 418.81 322732 5/2812009 102602 METRO CASH REGISTER SYSTEMS 16.11 CASH REGISTER RIBBONS 00008078 211923 67093 5510.6513 OFFICE SUPPLIES ARENA ADMINISTRATION 16.11 322733 5/28/2009 122304 METROPOLITAN COUNCIL 13.725.32 DIAL -A -RIDE- 1ST QTR 212121 0000900933 1514.6103 PROFESSIONAL SERVICES DIAL -A -RIDE PROGRAM 13,725.32 322734 512812009 100887 METROPOLITAN COUNCIL ENVIRONME 900.00 MCES PERMIT 00005717 211973 0000900574 5915.6260 LICENSES & PERMITS WATER TREATMENT 900.00 322735 5/28/2009 102729 METROPOLITAN FORD OF EDEN PRAI 392.07 VEHICLE REPAIRS 00005420 211974 158254 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 392.07 5/27/2009 8:23:19 Page - 17 Business Unit FIRE DEPT. GENERAL EDINBOROUGH PARK ENGINEERING GENERAL CENT SERV GEN - MIS GENERAL MAINTENANCE FIRE DEPT. GENERAL DISTRIBUTION DISTRIBUTION DISTRIBUTION DISTRIBUTION 175.00 DRILL HOLE 00005697 211978 06988 1325.6103 PROFESSIONAL SERVICES STREET NAME SIGNS 175.00 322743 512812009 124318 MINNESOTA LABORERS H & W 89.91 AMBULANCE OVERPAYMENT 212097 LORRAINE 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL LUNDBERG 89.91 322744 5128/2009 100066 MINNESOTA MAILING SOLUTIONS 190.26 INK CARTRIDGE, METER TAPES 212269 57615 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 190.26 322745 6128/2009 124325 MINNESOTA REPAIR INC. CITY OF EDINA R55CKREG LOG20000 Council Check Register 5/28/2009 —5/2812009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 322736 612812009 100387 METROPOLITAN HEALTH PLAN 81.66 AMBULANCE OVERPAYMENT 212093 EDITH ROBINSON 1470.4329 AMBULANCE FEES 81.66 322737 5128/2009 102068 METROPOLITAN MECHANICAL CONTRA 488.00 BOILER REPAIR 212204 205046973 5620.6180 CONTRACTED REPAIRS 488.00 322738 6128/2009 104650 MICRO CENTER 24.50 DIGITAL CAMERA ACCESSORIES 00004327 211975 2242175 1260.6710 EQUIPMENT REPLACEMENT 106.37 KEYBOARDS 00004327 211975 2242175 1554.6406 GENERAL SUPPLIES 130.87 322739 5/28/2009 100891 MIDWEST ASPHALT CORP. 1,894.42 ASPHALT 00005445 211924 98580MB 1301.6518 BLACKTOP 1,894.42 322740 6/28/2009 101161 MIDWEST CHEMICAL SUPPLY 119.97 DETERGENT 00003524 212094 28208 1470.6406 GENERAL SUPPLIES 119.97 322741 6/2812009 100913 MINNEAPOLIS & SUBURBAN SEWER & 2,200.00 WATER SERVICE REPAIR 00005719 211976 33413 5913.6180 CONTRACTED REPAIRS 1,980.00 WATER SERVICE REPAIR 00005718 211977 33412 5913.6180 CONTRACTED REPAIRS 1,430.00 WATER SERVICE REPAIR 00005720 212095 33416 5913.6180 CONTRACTED REPAIRS 1,760.00 WATER SERVICE REPAIR 00005721 212096 33417 5913.6180 CONTRACTED REPAIRS 7,370.00 322742 6128/2009 118303 MINNESOTA CONCRETE SPECIALTIES 5/27/2009 8:23:19 Page - 17 Business Unit FIRE DEPT. GENERAL EDINBOROUGH PARK ENGINEERING GENERAL CENT SERV GEN - MIS GENERAL MAINTENANCE FIRE DEPT. GENERAL DISTRIBUTION DISTRIBUTION DISTRIBUTION DISTRIBUTION 175.00 DRILL HOLE 00005697 211978 06988 1325.6103 PROFESSIONAL SERVICES STREET NAME SIGNS 175.00 322743 512812009 124318 MINNESOTA LABORERS H & W 89.91 AMBULANCE OVERPAYMENT 212097 LORRAINE 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL LUNDBERG 89.91 322744 5128/2009 100066 MINNESOTA MAILING SOLUTIONS 190.26 INK CARTRIDGE, METER TAPES 212269 57615 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 190.26 322745 6128/2009 124325 MINNESOTA REPAIR INC. R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 207.00 EQUIPMENT REPAIRS 00005726 212270 14015 5923.6180 CONTRACTED REPAIRS 5/27/2009 8:23:19 Page - 18 Business Unit COLLECTION SYSTEMS HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD PROFESSIONAL SVC - OTHER PSTF RANGE DUES & SUBSCRIPTIONS ADMINISTRATION CONFERENCES & SCHOOLS FINANCE STORAGE PSTF RANGE PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION COST OF GOODS SOLD EDINBOROUGH PARK EQUIPMENT MAINTENANCE PSTF OCCUPANCY ALARM SERVICE CENTENNIAL LAKES PROFESSIONAL SVC - OTHER CENTENNIAL ADMIN'" -4TION 207.00 322746 512812009 118066 MINNESOTA REVENUE 240.00 HAZARDOUS WASTE FEE 00005953 211925 2200069141 1280.6271 240.00 HAZARDOUS WASTE FEE 212191 2200069631 7412.6136 480.00 322747 6128/2009 103240 MINNESOTA SAFETY COUNCIL 375.00 MEMBERSHIP DUES 211979 001477 1120.6105 375.00 322748 5/28/2009 118129 MINNESOTA SOCIETY OF CPAS 349.00 REGISTRATION - ERIC ROGGEMAN 212297 MNCPA XMBAC 1160.6104 349.00 322749 512812009 120996 MOBILE MINI INC. 93.54 STORAGE UNIT 212192 151021943 7412.6153 93.54 322750 5/2812009 122019 MOORE CREATIVE TALENT 500.00 HOSTING FEE 212271 126423 2210.6103 500.00 322751 5/2812009 102396 MOSE, WILLIAM 488.25 SOFTBALL OFFICIATING 212176 052209 4077.6103 488.25 322752 6/2812009 106662 NET LITIN DISTRIBUTORS 1,426.33 PLASTICWARE 212205 14798 5620.5510 1,426.33 322753 5/28/2009 108678 NEWMECH COMPANIES INC. 830.00 MAINTENANCE CONTRACT 212193 777478 7411.6215 830.00 322754 5128/2009 122989 NISCAYAH INC. 577.26 ALARM MONITORING 212272 DC00009560 5630.6250 577.26 322755 5128/2009 103969 NORTHSTAR BARBERSHOP CHORUS 100.00 PERFORMANCE 6/1109 212211 052509 5631.6136 5/27/2009 8:23:19 Page - 18 Business Unit COLLECTION SYSTEMS HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD PROFESSIONAL SVC - OTHER PSTF RANGE DUES & SUBSCRIPTIONS ADMINISTRATION CONFERENCES & SCHOOLS FINANCE STORAGE PSTF RANGE PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION COST OF GOODS SOLD EDINBOROUGH PARK EQUIPMENT MAINTENANCE PSTF OCCUPANCY ALARM SERVICE CENTENNIAL LAKES PROFESSIONAL SVC - OTHER CENTENNIAL ADMIN'" -4TION CITY OF EDINA 5/27/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 19 5/28/2009 —5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 100.00 322756 512812009 121497 NORTHWEST ASPHALT INC. 4,132.51 PARTIAL PAYMENT NO.6 212116 052909 04343.1705.30 CONTRACTOR PAYMENTS STS -343 HIGHLANDS AREA 11,948.56 PARTIAL PAYMENT NO. 6 212116 052909 01342.1705.30 CONTRACTOR PAYMENTS BA -342 HIGHLANDS AREA 16,081.07 322757 5/2812009 103578 OFFICE DEPOT 17.56 THANK YOU NOTES 00006034 212098 473750845 -001 5410.6513 OFFICE SUPPLIES GOLF ADMINISTRATION 17.56 322758 5128/2009 122529 ONCE UPON A STAR 268.00 PARTY PLANNING 211926 EDINAPR5 /9/09 1600.4390.48 MOM AND ME SPA PARTY PARK ADMIN. GENERAL 268.00 322759 512812009 100940 OWENS COMPANIES INC. 962.50 SERVICE CONTRACT 00006279 212099 28102 5210.6230 SERVICE CONTRACTS EQUIPMENT GOLF DOME PROGRAM 962.50 322760 612812009 103624 P & L AUTOMOTIVE INC. 125.00 COMPLETE CAR CLEAN UP 00005421 211980 191705 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 125.00 322761 5/2812009 121026 PALDA & SONS INC. 2,398.75 PARTIAL PAYMENT NO. 10 212117 052909 08049.1705.30 CONTRACTOR PAYMENTS L-49 2,652.22 PARTIAL PAYMENT NO. 10 212117 052909 01213.1705.30 CONTRACTOR PAYMENTS PHASE 1 ARDEN, BRUCE, CASCO 23,636.78 PARTIAL PAYMENT NO. 10 212117 052909 03413.1705.30 CONTRACTOR PAYMENTS PHASE 1 ARDEN, BRUCE, CASCO SS 25,657.75 PARTIAL PAYMENT NO. 10 212117 052909 01214.1705.30 CONTRACTOR PAYMENTS PHASE 2 DREXEL, WOODDALE, EDIN 40,661.45 PARTIAL PAYMENT NO. 10 212117 052909 05436.1705.30 CONTRACTOR PAYMENTS PHASE 1 ARDEN, BRUCE, CASCO WM 131,679.30 PARTIAL PAYMENT NO. 10 212117 052909 04297.1705.30 CONTRACTOR PAYMENTS PHASE 1 ARDEN, BRUCE, CASCO ST 226,686.25 322762 6/2812009 100347 PAUSTIS & SONS 1,538.20 212022 8222773 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 568.25 212023 8222774 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 7.00- 212024 8222689 -CM 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,098.25 212147 8222775 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 276.25 212148 8222428 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 137.25 212338 8222907 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,611.20 322763 5/28/2009 100945 PEPSI -COLA COMPANY R55CKREG LOG20000 VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING CITY OF EDINA VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING Council Check Register COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 5/28/2009 -5/28/2009 COST OF GOODS SOLD WINE Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No COST OF GOODS SOLD LIQUOR 1,240.91 COST OF GOODS SOLD WINE YORK SELLING 212100 28752536 5320.5510 741.90 212101 28752502 5421.5510 518.74 212273 51015705 5630.5510 2,501.55 322764 5/28/2009 100948 PERKINS LANDSCAPE CONTRACTORS 2,435.00 WELL #20 LANDSCAPING 00005715 211927 5/14/09 05480.1705.30 2,275.00 RIDGE PLACE TOPSOIL & SOD 00005714 211928 MAY1409 5913.6180 4,710.00 322765 6/28/2009 100743 PHILLIPS WINE & SPIRITS 363.36 212025 2754818 5862.5513 640.39 212149 2757257 5862.5512 116.48 212150 2757259 5862.5515 5,044.42 212151 2757261 5862.5513 49.12 212152 2757262 5862.5515 1,048.07 212153 2757258 5862.5513 210.24 212154 2757260 5862.5513 27.60- 212155 3411077 5822.5513 562.62 212339 2757046 5822.5513 1,456.78 212340 2757044 5822.5513 81.12 212341 2757253 5842.5513 872.40 212342 2757254 5842.5513 861.26 212343 2757256 5842.5513 704.36 212344 2757255 5842.5512 113.61 212345 2757828 5842.5513 7.50- 212346 3411078 5842.5513 12,089.13 322766 612812009 100953 PHYSIO- CONTROL INC. 644.10 AMBULANCE SUPPLIES 00003521 212102 PH582221 1470.6510 644.10 322767 6/28/2009 100119 PING 236.67 GOLF CLUBS 212274 9734476 5440.5511 236.67 322768 512812009 124176 PINNACLE FIREWORKS 154.00 212026 9626 5822.5515 280.00 212347 9627 5862.5515 434.00 Subledger Account Description COST OF GOODS SOLD COST OF GOODS SOLD COST OF GOODS SOLD CONTRACTOR PAYMENTS CONTRACTED REPAIRS 5/27/2009 8:23:19 Page- 20 Business Unit POOL CONCESSIONS GRILL CENTENNIAL LAKES WM-480 NEW WELL #20 PHASE 2 DISTRIBUTION COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING FIRST AID SUPPLIES FIRE DEPT. GENERAL COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD MIX VERNON SELLING Subledger Account Description TIRES & TUBES TIRES & TUBES TIRES & TUBES TIRES & TUBES REPAIR PARTS REPAIR PARTS 5/27/2009 8:23:19 Page- . 21 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD LIQUOR CITY OF EDINA R55CKREG LOG20000 COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE Council Check Register COST OF GOODS SOLD LIQUOR VERNON SELLING 322773 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 322769 5128/2009 ANTIFREEZE 00005843 211935 119620 POMP'S TIRE SERVICE INC. 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 158.12 TIRES 00005334 211929 663264 1553.6583 913.27 TIRES 00005681 211930 675400 1553.6583 134.08 TIRES 00005763 211931 695394 1553.6583 1120.6120 174.81 TIRES, SCRAP CHARGE 00005681 211932 695605 1553.6583 1,380.28 322775 5/2812009 322770 512812009 114070 PRECISION AUTO UPHOLSTERY INC. 186.00 100.37 REPAIR SEAT BOTTOM FOAM 00005956 211933 16068 1553.6530 125.74 REPAD SEAT 00005749 211934 16164 1553.6530 226.11 322771 5/2812009 100971 QUALITY WINE 1,135.94 212027 158086 -00 5842.5513 1,116,81 212028 158981 -00 5842.5513 3,539.69 212029 158931 -00 5842.5512 4,574.93 212030 158932 -00 5862.5512 29.60 212031 158961 -00 5822.5513 1,064.84 212032 158971 -00 5822.5512 1,103.58 212033 158245 -00 5822.5513 11.34- 212034 155809 -00 5822.5513 1,820.00 212156 159033 -00 5862.5513 450.00 212157 158960 -00 5862.5513 611,76 212348 160150 -00 5862.5512 Subledger Account Description TIRES & TUBES TIRES & TUBES TIRES & TUBES TIRES & TUBES REPAIR PARTS REPAIR PARTS 5/27/2009 8:23:19 Page- . 21 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING 322772 5128/2009 101698 RECREONICS 1,625.15 POOL LADDER PARTS 212275 498199 5311.6406 GENERAL SUPPLIES POOL OPERATION 1.625.15 322773 5128/2009 102986 RECYCOOL 167.75 ANTIFREEZE 00005843 211935 3903131. 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 167.75 322774 5/2812009 101111 REED BUSINESS INFORMATION 403.44 AD FOR BID 211936 4172753 1120.6120 ADVERTISING LEGAL ADMINISTRATION 403.44 322775 5/2812009 119755 RICCI, PATRICE 186.00 SOFTBALL OFFICIATING 212177 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 186.00 R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 22 5/28/2009 —5/2812009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322776 5128/2009 123757 RIECHMANN PEDERSON DESIGN INC 1,000.00 MAP DESIGN 211981 509151 -4 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 1,000.00 322777 5128/2009 118658 RIGHTWAY GLASS INC. 210.73 WINDSHIELD 00005410 211937 55583 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 200.08 WINDSHIELD REPAIR 00005418 211982 55293 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 410.81 322778 5/28/2009 124119 RJM DISTRIBUTING INC. 399.50 212035 8296 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 399.50 322779 5/2812009 100980 ROBERT B. HILL CO. 17.70 SOFTENER SALT 00003648 212103 00221025 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1.7.70 322780 5/28/2009 101963 S & S SPECIALISTS 2,343.00 GRIND & HAUL WOOD WASTE 00005539 212276 28847 1644.6182 RUBBISH REMOVAL TREES & MAINTENANCE 2,343.00 322781 5128/2009 100988 SAFETY KLEEN 159.50 BRAKE CLEANER 00005972 212104 0038954750 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 159.50 322782 5/28/2009 101634 SAINT AGNES BAKING COMPANY 84.41 BAKERY 212277 249271 5421.5510 COST OF GOODS SOLD GRILL 84.41 322783 5/28/2009 101232 SALUD AMERICA INC. 755.00 212036 EMLS051509 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 755.00 322784 5128/2009 101822 SAM'S CLUB DIRECT 49.87 101: "" "9350 SUPPLIES 212122 052109 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 59.22 101 "" "'9350 SUPPLIES 212122 052109 4075.5510 COST OF GOODS SOLD VANVALKENBURG 109.09 322785 5/28/2009 119799 SCHIMETZ, SCOTT 279.00 SOFTBALL OFFICIATING 212178 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 279.00 Subledger Account Description REPAIR PARTS 5/2712009 8:23:19 Page - 23 Business Unit CITY HALL GENERAL PROFESSIONAL SERVICES DISTRIBUTION PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION PAINT ARENA BLDG /GROUNDS DUES & SUBSCRIPTIONS ADMINISTRATION PROFESSIONAL SERVICES BUILDING MAINTENANCE LAUNDRY POOL OPERATION LAUNDRY POOL OPERATION SALARIES TEMP EMPLOYEES ELECTION TELEPHONE GENERAL (BILLING) TELEPHONE STREET LIGHTING ORNAMENTAL TELEPHONE CITY OF EDINA R55CKREG LOG20000 YORK OCCUPANCY TELEPHONE PLANNING TELEPHONE ASSESSING TELEPHONE ADMINISTRATION TELEPHONE EQUIPMENT OPERATION GEN Council Check Register 5/28/2009 5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 322786 5128/2009 100991 SCHWAB- VOLLHABER - LUBRATT 2,194.60 MCQUAY UNIT REPAIRS 212105 081103 -016 1551.6530 2,194.60 322787 512812009 100995 SEH 30,288.37 HYDRANT 8 GATE VALVE INVENTORY 211938 216991 5913.6103 30,288.37 322788 512812009 103249 SHANNON, JIM 140.00 PERFORMANCE 6/2/09 212212 052509 5631.6136 140.00 322789 5/2812009 100998 SHERWIN WILLIAMS CO. 506.20 PAINT 00008085 212106 2385 -6 5511.6532 506.20 322790 5/2812009 116533 SHRM 160.00 DUES 211983 9002613471 1120.6105 160.00 322791 5/2812009 120761 SIEMENS BUILDING TECHNOLOGIES 325.00 KEYLESS ENTRY SYSTEM REPAIR 00007099 211939 5441232377 1646.6103 325.00 322792 5128/2009 120292 SIGNATURE CONCEPTS 67.00 STAFF HATS 212194 296841 5311.6201 21.00 STAFF SHIRTS 212278 14131018 5311.6201 88.00 322793 5/28/2009 123206 SMITH, DAVID 165.75 ELECTION JUDGE 195766 092408 1180.6013 165.75 322794 5/28/2009 104672 SPRINT 39.99 DATA CARDS 211984 666109817 -018 5910.6188 39.99 DATA CARDS 211984 666109817 -018 1322.6188 30.40 212107 873184124 -078 1240.6188 50.86 212107. 873184124 -078 5841.6188 50.86 212107 873184124 -078 1140.6188 51.07 212107 873184124 -078 1190.6188 57.25 212107 873184124 -078 1120.6188 61.76 212107 873184124 -078 1553.6188 Subledger Account Description REPAIR PARTS 5/2712009 8:23:19 Page - 23 Business Unit CITY HALL GENERAL PROFESSIONAL SERVICES DISTRIBUTION PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION PAINT ARENA BLDG /GROUNDS DUES & SUBSCRIPTIONS ADMINISTRATION PROFESSIONAL SERVICES BUILDING MAINTENANCE LAUNDRY POOL OPERATION LAUNDRY POOL OPERATION SALARIES TEMP EMPLOYEES ELECTION TELEPHONE GENERAL (BILLING) TELEPHONE STREET LIGHTING ORNAMENTAL TELEPHONE PUBLIC WORKS ADMIN GENERAL TELEPHONE YORK OCCUPANCY TELEPHONE PLANNING TELEPHONE ASSESSING TELEPHONE ADMINISTRATION TELEPHONE EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 24 5/28/2009 --5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 67.18 212107 873184124 -078 1490.6406 GENERAL SUPPLIES PUBLIC HEALTH 72.96 212107 873184124 -078 7411.6188 TELEPHONE PSTF OCCUPANCY 105.28 212107 873184124 -078 4090.6188 TELEPHONE 50TH&FRANCE MAINTENANCE 117.39 212107 873184124 -078 2210.6188 TELEPHONE COMMUNICATIONS 148.80 212107 873184124 -078 1301.6188 TELEPHONE GENERAL MAINTENANCE 153.28 212107 873184124 -078 1322.6188 TELEPHONE STREET LIGHTING ORNAMENTAL 165.08 212107 873184124 -078 1554.6230 SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS 219.20 212107 873184124 -078 1495.6188 TELEPHONE INSPECTIONS 356.45 212107 873184124 -078 1470.6188 TELEPHONE FIRE DEPT. GENERAL 552.32 212107 873184124 -078 1260.6188 TELEPHONE ENGINEERING GENERAL 575.04 212107 873184124 -078 5910.6188 TELEPHONE GENERAL (BILLING) 599.04 212107 873184124 -078 1640.6188 TELEPHONE PARK MAINTENANCE GENERAL 657.34 212107 873184124 -078 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK 1,650.86 212107 873184124 -078 1400.6188 TELEPHONE POLICE DEPT. GENERAL 5,822.40 322795 512812009 101004 SPS COMPANIES 261.00 COPPER TUBING 00005844 212108 S2034553.001 5913.6530 REPAIR PARTS DISTRIBUTION 721.15 DRINKING FOUNTAIN 00002011 212206 S2018934.001 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 982.15 322796 5/28/2009 103277 ST. JOSEPH EQUIPMENT CO INC 194.30 FIELD SERVICE 00005413 211940 SF06156 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 372.00 FIELD SERVICE 00005857 211941 SF06115 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 566.30 322797 5/28/2009 100650 STANLEY SECURITY SOLUTIONS INC 62.93 KEYS 00002000 212279 CH- 507741 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 62.93 322798 5128/2009 101017 SUBURBAN CHEVROLET 930.00 VEHICLE REPAIRS 00005417 211942 556061 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 924.23 VEHICLE REPAIRS 00005416 211943 555543 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 3,137.30 VEHICLE REPAIRS 00005399 211944 555105 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1,436.00 _VEHICLE REPAIRS 00005414 211985 555045 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 6,427.53 322799 5/28/2009 100900 SUN NEWSPAPERS 39.33 PUBLISH ORD 2009 -7 00014798 211945 1180248 1120:6120 ADVERTISING LEGAL ADMINISTRATION 39.33 322800 51" 0 118653 SWEDEBROINC. R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 650 00 RESURFACING 212280 200908 5311.6180 CONTRACTED REPAIRS 5/27/2009 8:23:19 Page - 25 Business Unit POOL OPERATION PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION PROFESSIONAL SERVICES REPAIR PARTS CONTINGENCIES EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER 650.00 COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER GRILL 322801 5/28/2009 VERNON SELLING 119637 SWEENEY, J. SHAWN VERNON SELLING OTHER 50TH ST SELLING ADVERTISING 150.00 PERFORMANCE 6/4109 212215 052509 5631.6136 150.00 322802 512812009 124316 SWENSON, RICHARD 803.76 JUDGEMENT 211986 051909 1500.6103 803.76 322803 5128/2009 101326 TERMINAL SUPPLY CO 215.51 CONNECTORS, ROCKER SWITCHES10005752 212109 72552 -00 1553.6530 215.51 322804 512812009 101035 THORPE DISTRIBUTING COMPANY 183.15 212110 541975 5421.5514 305.25 212281 543084 5421.5514 421.00 212282 71771 5421.5514 5,241.35 212349 542545 5862.5514 144.80 212350 542546 5862.5515 6,295.55 322805 512812009 120700 TIGER OAK PUBLICATIONS INC. 33.00 WEBSITE AD 212207 2009 -31871 5822.6122 33.00 WEBSITE AD 212207 2009 -31871 5842.6122 34.00 WEBSITE AD 212207 2009 -31871 5862.6122 500.00 MAGAZINE ADVERTISING 212208 2009 -27392 5822.6122 500.00 MAGAZINE ADVERTISING 212208 2009 -27392 5842.6122 500.00 MAGAZINE ADVERTISING 212208 2009.27392 5862.6122 1,600,00 322806 5/2812009 101474 TITLEIST 136.35 CAPS 212283. 0657965 5440.5511 736.90 CAPS 212284 0647290 5440.5511 873.25 322807 512812009 101038 TOLL GAS & WELDING SUPPLY 209.17 WELDING GAS 00005757 212285 265196 1553.6580 39.48 WELDING CYLINDERS 212286 478955 5630.6406 248.65 5/27/2009 8:23:19 Page - 25 Business Unit POOL OPERATION PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION PROFESSIONAL SERVICES REPAIR PARTS CONTINGENCIES EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER GRILL COST OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES WELDING SUPPLIES EQUIPMENT OPERATION GEN GENERAL SUPPLIES CENTENNIAL LAKES R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 26 5/2812009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322808 5128/2009 101048 TRI COUNTY BEVERAGE & SUPPLY 19.50 212037 219763 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 35.00 212037 219763 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 54.50 322809 5/2812009 101042 TRIARCO 1,567.97 SUPPLIES FOR PLAYGROUND FROG 212123 49009 1624.6406 GENERAL SUPPLIES PLAYGROUND R THEATER 1,567.97 322810 512812009 100682 TRUGREEN LAWNCARE 53.45 LAWN CARE 00005798 212195 677687 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 53.45 LAWN CARE 212196 677681 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 208.46 LAWN CARE 212197 676888 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 1,176.93 CONTRACT WEED CONTROL 212198 MULTI -2009 1643.6103 PROFESSIONAL SERVICES GENERAL TURF CARE 1,492.29 322811 5/28/2009 118190 TURFWERKS LLC 218.78 WHEEL 00005751 211946 JI15277 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 218.78 322812 5/28/2009 105243 TUSHIE MONTGOMERY ARCHITECTS 1,719.50 LOADING DOCK PLANNING 212209 207176A4 5841.6103 PROFESSIONAL SERVICES YORK OCCUPANCY 1,719.50 322813 5/28/2009 123969 TWIN CITIES OCCUPATIONAL HEALT 149.60 FITNESS FOR DUTY EXAM 211947 101551620 1301.6103 PROFESSIONAL SERVICES GENERAL MAINTENANCE 149.60 322814 5/28/2009 101049 UHL COMPANY 149.00 QUARTERLY SERVICE 00005961 211987 42243 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 480.00 MAINTENANCE CONTRACT 212199 42278 7411.6215 EQUIPMENT MAINTENANCE PSTF OCCUPANCY 629.00 322815 5128/2009 102212 UPBEAT INC 1,073.60 RECYCLING CONTAINERS 00002201 212210 INV0082072 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 1,073.60 322816 5/2812009 101058 VAN PAPER CO. 70.50 CUPS 212287 121688 -01 5421.6406 GENERAL SUPPLIES GRILL 428.91 TISSUE, ROLL TOWEL 212288 121688 -00 5421.6406 GENERAL SUPPLIES GRILL 759.98 CAN LINERS 00005789 212289 121927 -00 1645.6406 GENERAL SUPPLIES LITTER REMOVAL 1,259.39 i CITY OF EDINA 5/27/2009 8:23:19 R55CKREG LOG20000 Council Check Register Page - 27 5/28/2009 -5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322817 5/28/2009 102970 VERIZON WIRELESS 32.07 212290 2011446419 1490.6103 PROFESSIONAL SERVICES PUBLIC HEALTH 94.08 212290 2011446419 1640.6188 TELEPHONE PARK MAINTENANCE GENERAL 113,17 212290 2011446419 1120.6188 TELEPHONE ADMINISTRATION 126.94 212290 2011446419 1600.6188 TELEPHONE PARK ADMIN. GENERAL 278.60 212290 2011446419 1470.6188 TELEPHONE FIRE DEPT. GENERAL 644.86 322818 512812009 101063 VERSATILE VEHICLES INC. 1,050.00 LEASE CARTS 00006278 212291 42093 5423.6216 LEASE LINES GOLF CARS 1,050.00 322819 5128/2009 102377 VIETNAM VETERANS ORGANIZATION 125.00 BRAEMAR GOLF DOME AD 212111 051309 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 125.00 322820 5128/2009 124242 VINIFERA IMPORTS LTD 649.00 212158 322748 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 159.00 212351 322782 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 808.00 322821 512812009 119454 VINOCOPIA 246.67 212038 0015432 -IN 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 98.00 212039 0015431 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 254.67 212352 0015650 -IN 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 528.00 212352 0015650 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,127.34 322822 5128/2009 124323 VOIGHT, JEFF 46.50 SOFTBALL OFFICIATING 212179 052209 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 46.50 322823 5128/2009 104106 WAACK, SUSAN 50.00 PARADE CLEAN -UP 212112 #9 1627.6103 PROFESSIONAL SERVICES SPECIAL ACTIVITIES 50.00 322824 5/28/2009 102886 WAGNERS 75:35 GERANIUMS 211948 110761 1628.6406 GENERAL SUPPLIES SENIOR CITIZENS 75.35 322826 5/28/2009 101328 WALBRIDGE, DAVID R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 28 5/2812009 -5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 150.00 PERFORMANCE 6/2109 212213 052509 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 150.00 322826 5/2812009 105287 WEMYSS, SCOTT D. 60.81 PARTAGS 00003533 212113 03 -153 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 60.81 322827 512812009 124327 WEST, NICOLE 44.00 PARKING PERMIT REFUND 212361 052009 4090.4751 PARKING PERMITS 50TH &FRANCE MAINTENANCE 44.00 322828 5/28/2009 101078 WESTSIDE EQUIPMENT 287.55 KEYS 00005695 211949 0039404 -IN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 287.55 322829 5/28/2009 102133 WILSON SPORTING GOODS 145.64 GOLF BALLS 212292 4505980179 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 145.64 322830 5128/2009 101313 WILSON'S NURSERY 451.12 TREES 00005727 212293 040228 05480.1705.30 CONTRACTOR PAYMENTS WM -480 NEW WELL #20 PHASE 2 451.12 322831 5/28/2009 114588 WILSON, ROBERT C. 116.46 SEMINAR EXPENSE 212294 052209 1190.6104 CONFERENCES & SCHOOLS ASSESSING 116.46 322832 5/2812009 101033 WINE COMPANY, THE 422.30 212040 218306-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,022.85 212041 218308 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,088.10 212159 218346 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,533.25 322833 6/2812009 101312 WINE MERCHANTS 3.36 212160 274827 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 7,844.48 212161 274829 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 427.35 212162 274768 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 15.88- 212163 43238 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 124.15 212353 273288 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1.12 212354 274826 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,651.59 212355 274828 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 11,036.17 R55CKREG LOG20000 CITY OF EDINA 5/27/2009 8:23:19 Council Check Register Page - 29 5/28/2009 -5/28/2009 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 322835 512812009 124291 WIRTZ BEVERAGE MINNESOTA 1,070.43 212042 230845 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,769.85 212043 230846 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 109.10 212044 227474 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 526.26 212045 228978 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 642.55 212046 230840 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,198.94 212047 230841 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 73,10 212048 230842 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 24.85 212049 230844 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 4,665.29 212050 230848 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 209.00 212051 230847 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 120.63- 212052 777199 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 80.35 212164 230767 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3,460.16 212165 230835 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,15 212166 230638 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4,211.70 212167 230838 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,619.12 212168 230836 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 31.55 212169 230837 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,139.95 212170 222441 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 240.70 212356 232448 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 241.85 212357 232553 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 114.15 212358 232434 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 859.35. 212359 231380 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 24,168.77 322836 512812009 101086 WORLD CLASS WINES INC 1,697.15 212053 229196 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 391.80 212171 229198 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,088.95 322837 5/2812009 105740 WSB & ASSOCIATES INC. 655.50 SAFE ROUTES TO SCHOOL 211950 8- 01686 -130 01239.1705.20 CONSULTING DESIGN A -239 SAFE ROUTES TO SCHOOL 172.00 70TH ST FINAL DESIGN 211951 26- 01686 -050 01336.1705.20 CONSULTING DESIGN BA336 W70TH - FRANCE TO YORK 2,059.75 TRAFFIC ENGINEERING REVIEW 211952 19- 01686 -020 01363.1705.20 CONSULTING DESIGN BA -363 BLAKE RD M &O 2,059.75 TRAFFIC ENGINEERING REVIEW 211952 19- 01686 -020 06039.1705.20 CONSULTING DESIGN TS -39 70TH & METRO 2,500.00 MS4 PERMIT ASSISTANCE PROG 211953 3 -01686 -120 5932.6103 PROFESSIONAL SERVICES GENERAL STORM SEWER 7,447.00 322838 5128/2009 101726 XCEL ENERGY 2,356.18 51- 6227619 -3 211954 195798067 5630.6185 LIGHT & POWER CENTENNIAL LAKES 36.39 51- 5276505 -8 211988 196291891 1330.6185 LIGHT & POWER TRAFFIC SIGNALS R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/28/2009 —5/28/2009 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 2,392.57 322839 5/2812009 116624 YOUTH BASEBALL YEARBOOK 90.00 BRAEMAR GOLF DOME AD 212114 9 -1876 5210,6122 90.00 322840 6/28/2009 120099 Z WINES USA LLC 487.50 212360 5060 5842.5513 487.50 322841 5/2812009 101089 ZEE MEDICAL SERVICE 160.55 FIRST AID SUPPLIES 00008081 211955 54064626 5510.6610 160.55 322842 6/28/2009 101091 ZIEGLER INC 2,186.20 FINAL PAYMENT 212118 052909 5900.1740 2,186.20 Subledger Account Description 758,218.85 Grand Total Payment Instrument Totals Check Total 758,218.85 Total Payments 758,218.85 ADVERTISING OTHER 5/2712009 8:23:19 Page - 30 Business Unit GOLF DOME PROGRAM COST OF GOODS SOLD WINE YORK SELLING SAFETY EQUIPMENT MACHINERY & EQUIPMENT ARENA ADMINISTRATION UTILITY BALANCE SHEET R55CKSL G20000 CITY iNA 5/1 8:24:28 Council Check Summary Page- 1 5/28/2009 - 5128/2009 Company Amount 01000 GENERAL FUND 119,797.12 02200 COMMUNICATIONS FUND 2,823.25 04000 WORKING CAPITAL FUND 51,139.43 05100 ART CENTER FUND 2,228.28 05200 GOLF DOME FUND 3,912.50 05300 AQUATIC CENTER FUND 59,478.43 05400 GOLF COURSE FUND 13,107.13 05500 ICE ARENA FUND 1,277.57 05600 EDINBOROUGH /CENT LAKES FUND 12,260.81 05800 LIQUOR FUND 190,104.01 05900 UTILITY FUND 160,566.94 05930 STORM SEWER FUND 138,819.44 07400 PSTF AGENCY FUND 2,703.94 Report Totals 758,218.85 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 polici s a d procedures date -k REPORT /RECOMMENDATION To: Mayor & City Council Agenda Item VI. From: Debra Mangen Consent ❑ City Clerk Information Only Date: June 2, 2009 Mgr. Recommends ❑ To HRA ® To Council Subject: Correspondence Received Since Last Action ❑ Motion Council Meeting ❑ Resolution ❑ Ordinance ❑ Discussion Info /Background: Attached are copies of a -mails and letters received since the last Council meeting. ;y Metropolitan Council v May 27, 2009 James Hovland, Mayor City Of Edina 4801 50th St. W Edina, MN 55424 Dear Mayor Hovland: Each year, the Metropolitan Council prepares population and household estimates as of April 1 of the previous year. After local governments have the opportunity to review and comment on the preliminary estimates, the Council certifies final estimates, including any estimates still under objection, by July 15 for State government use in allocating local government aid and local street aid. The Metropolitan Council estimates that the City Of Edina had 48,169 people and 21,285 households as of April 1, 2008. Household size averaged 2.24 persons per household. Starting with counts from Census 2000, the Council estimates current population and households through changes in the housing stock, occupancy rates and persons per household. Input data sources now include the U.S. Census Bureau's American Community Survey, occupancy information from the U.S. Postal Service, and surveys conducted by Metropolitan Council Research. Incorporating ongoing methodological refinements, the Council's estimates provide a realistic representation of growth since 2000. With this letter, the Council is reporting the data inputs used to develop the preliminary estimates for your community. Any community objections to the Council's preliminary estimates should ideally reflect specific concerns about the Council's assumptions or data inputs. For more information on the Council's population estimates model, please visit the Council's website at www. metrocouncil. org /metroarea/AboutEstimates.htm, or contact Todd Graham at 651 -602 -1322. Council staff welcomes discussion of these preliminary estimates. Under Minnesota Statutes 473.24, the Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 24, 2009. Please send any written comments or questions to Todd Graham, Metropolitan Council Research, 390 Robert Street North, Saint Paul, MN 55101; or by e-mail to todd.graham.@metc.state.,mn.us. Sincerely, U�2r Libby Starling Research Manager www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer 2008 Population Estimates: Edina city, Hennepin County, Minnesota Households 21,285 Population in households 47,678 Persons per household 2.240 Population in group quarters 491 Total population 48,169 The Council's model accounts for built housing stock changes since 2000. These include housing units permitted, gross additions and gross losses. Relying on research by the US Census Bureau, the Council's model assumes that not all housing units permitted will be built in the year permitted. Permtted Years Permitted Estimated units built New housing units permitted 2000 -2006 Year 2007 2000 -2007 Single-family detached 231 + 62 X 95% = 290 Duplex /threeplex /fourplex 2 + —01 X 90% _ 2 Townhouses /single family attached 23 + L - X 90% _ 23 Multifamily 1 401 X 100.0% X 85% _ 401 Estimated new housing units permitted and built: 716 Other gross changes to housing stock Years 2000- Total additions and 2006 Year 2007 losses 2000 -2007 Gross additions include building conversions (units added), relocated structures, units annexed in: Single-family detached additions �— 0 E�--O I _ _ 0 Duplex /threeplex /fourplex additions 0 �_ 0 0 Townhouse additions 01 0 _' 0 Multifamily additions 0 �; _ _ 0 Gross losses include demolitions, building conversions (units lost), relocated structures, units annexed out: Single-family detached losses -136 -136 Duplex/ threeplex /fourplex losses' �� "2 Townhouse losses 0 L J 0; Multifamily losses �1 _ 01 Other gross changes to built housing stock: _ '138 Total changes to built housing stock: 5781 ii" Metropolitan Council Wednesday, May 27, 2009 AA 2008 Population Estimates: Edina city, Hennepin County, Minnesota Estimates of housing stock are segmented into ownership housing and rental housing. Each housing type will have a specifically estimated occupancy rate. Each combination of housing type and tenure (ownership housing or rental) will have a specifically estimated average household size. Homeownership rates Housing stock by type of housing estimated for April l (estimated) Single-family detached F 12,633 97.8%i Duplex / threeplex /fourplex 465 53.1 % Townhouses 1,227 76.0% Multifamily 7,905 43.3% Estimated built housing units Mobile homes Boats, etc., serving as housing 22,230 Owned: 7 16,956 0 Occupancy rates Owned Rented 97.2% 93.4% 93.2% 92.6% 95.1 Occupancy rates 95.0% 100.0% The Council's model multiplies housing units by occupancy rates, segmented by housing type, to determine occupied housing. The number of occupied housing units is equivalent to households: A household is a group of people (or a person living alone) occupying a housing unit. (* Institutional or group quarters housing is accounted separately through an annual survey by Metropolitan Council.) Households F 21,286 Population in households is calculated mutliplying households by average household sizes (persons per household), segmented by housing type and tenure. The final step in poulation estimation is to add population in households + population in group quarters, counted by the Council's annual survey. Persons per Household Multipliers Owner - occupied Renter- occupied Single-family detached i 2.755 2.80 Duplex / threeplex / fourolex 1.715; 2.0691 Townhouses Multifamily Mobile homes Boats, etc., serving as housing Population to households 47,678 1.778! 1 2.362 1.3921 1.5071 Population in group quarters I 461 42� i 2.uuu; Total population 9 JJA Metropolitan Council Wednesday, May 27, 2009 AA Subject: Airplane noise Dear Mayor and City Council Members: RECEIVED MAY--2 0 2009 I have lived in Edina since 1976 and have experienced, as have we all, an increase in noise from traffic; both automobile and airplane. In the past couple of years, however, both the frequency and the volume of airplane noise have increased to a level that effects the livability of this entire community. I live in the St. John's neighborhood on 59th and Fairfax. The departing air traffic no longer ends at a reasonable nighttime hour. Planes roar over my neighborhood at all hours, and frequently awaken me in the middle of the night. I do not know if these night time flights are cargo planes or "red eyes ", but I do know the residents of this area and their children have red eyes from sleep disturbance. Then, at about 5:30 or 6:00 AM the regular flight path begins. One roaring plane after another for two hours, followed by bursts of flights throughout the rest of the day. Winter is just as noisy as summer, since windows alone cannot fortify a 1950 -1960 era home from jet airplane racket. realize that our community faces many changes and challenges, and I know that in the past we have fought to keep Edina safe, desirable and attractive. I also realize that while you do not control the Metropolitan Airport Commission, you do represent Edina's interests. It is in our interest to limit the hours and numbers of flights over one residential area. Why can't these planes be routed in their westbound trajectory over the 494 corridor, instead of over my roof? As I write this, I'm still listening to jets over my house at 11:20 am and I've been up since 5:45am when I was awakened by one. This relentless airplane noise is getting worse and should be confronted. We should at the very least be able to have nine jet- noise -free hours so we can get some sleep at night. Sincerely, Susan.M. Quirt RECEIVED MAY. 2 6 2009 Subject: 4409 Country Club - Safety Concerns generated by the HRB approved request to change driveway Dear City Council, We are writing to you with public safety concerns that require immediate attention. The alley intersection on Country Club Road between Browndale Ave. and Moorland Ave. has been challenging from a safety perspective since a 2000 modification to the driveway of 4409 Country Club Road was installed. Such modification was completed by Mr. and Mrs. Loomis without permits and city approval. This alley is the only access to the driveways for residents of 4403, 4405, and 4407 Country Club Road. The newest residents of 4409 Country Club Road, Joe and Suzanne Sullivan, have more cars parked in their driveway and different parking habits than prior owners. When one or 2 cars parked along the driveway edge on the right and much closer to the street, the line of vision on the right for drivers existing the alley has greatly been reduced. Prior residents parked in a fashion (flush to the garage or in the garage) and made the issue more tenable. The Sullivan's driveway is upto 3 feet higher than the alley, so that cars on the driveway are at a higher level than the alley. The driveway does slope downward. May 1, 2009 a permit for the realignment of driveway and new curb cut was approved by HPB (Heritage Preservation Board). The modifications to the driveway will greatly reduce the sight line of those residents who exit the alley (4403, 4405 and 4407 Country Club Road), greatly reducing the safety of the intersection. We have brought this issue to the attention of the Wayne Houle, the City Engineer and Chad Millner, of SEH, the third party engineer overseeing the Country Club sewer and paving project. While they acknowledge the issues, they are unwilling to make additional changes to make the intersection as safe as it is now. They have acknowledged that the extension of the driveway to the street will allow cars to be parked up to the sidewalk. They acknowledged that the line of vision to the right will be greatly reduced, making the alley less safe, yet according to Wayne Houle, it will be safer than exiting the parking ramp at 49 1/2 Street and France Ave. 4409 Country Club Road was built in 1952. In 1990 a survey was made, placing the resident's driveway on to the alley. At this time one could drive into the alley, back out of the alley and and drive forward into the street. The driveway end was approximately 50 feet from the street. (see survey dated 1990 in 4409 Country Club Road file) In 2000 the then homeowners of 4409 Country Club Road, Mr. and Mrs. Loomis, submitted a Curb Cut/Driveway Entrance Permit Application, Permit No. 59 -00. The request was for a 20 foot curb cut and replace and a relocation of the driveway end on the street and not onto the alley. The request was denied per engineer Hoffman and Planner Reypa. After such 2000 permit denial, Mr. and Mrs. Loomis changed the shape of the driveway, extending the driveway to the intersection of the alley and the sidewalk, still accessing via the alley. Since the city could not find a subsequent permit for the existing driveway, we assume such work was done without a permit. May 1, 2009, a Curb Cut/Driveway Entrance Permit Application was approved for the owner Joe Sullivan, the new owner of 4409 Country Club Road, for a "Realignment of driveway and new curb cut" Permit No. CC09 -16. Engineering Notes: HPB OK per JR 5- 1-09. Paul Vogel is listed as the contractor. Such permit was approved May 1, 2009. Within the last week it was brought to our attention in speaking with Chad Millner about the traffic flow at Wooddale and Country .Club due to construction, that in repaving the alley between Wooddale Park and Country Club Road, the following changes were to be made: 1)The driveway for 4409 Country Club Road was going to be realigned and enter and exit from the street, not the alley. 2)The alley would be moved over 2 feet closer to the park, and a retaining wall would be put up on 4409 Country Club Road and the alley. As stated earlier, the residents of 4403, 4405 and 4407 Country Club Road have garage access'only via the alley intersection of Country Club Road and the alleye entrance; these three homes do not have driveways in the front of their house. None of the three residents (4403, 4405, and 4407) were notified of the requested or approved changes to the alley and to the 4409 Country Club Road driveway. If we had been notified of the request to change the driveway, we would have shared with a traffic engineer all of the safety concerns that should be taken into consideration when entering and exiting the alley, i.e. alley not perpendicular to sidewalk or Country Club Road, side walk on right not at a 90 degree angle, side walk on left not at a 90 degree angle, sidewalk on left blocked by resident's shrubbery, private driveway across the street that young children and adults use as a cross walk to cross Country Club Road to enter and exit Wooddale park, Wooddale park entrance on left not at a 90 degree angle, 2 other private driveways on left off of Country Club, as well as oncoming traffic coming from and going to Browndale Ave. and Browndale Bridge. All three residences generate 15 to 20 trips a day in or out of the alley. Exiting the park requires a driver to look in many directions at the same time for pedestrians and cars. We have lived at 4405 Country Club Road since 1995 and as a stay at home mom, I am quite familiar with the daily traffic flow of this intersection. More specifically our safety concerns and recommendations are listed below: a) Alley not perpendicular -The alley is NOT perpendicular to the sidewalk and/or Country Club Road. Sight lines or vision angles of both pedestrians/bicyclists on the sidewalk and traffic in the street are greatly impaired. (The intersection of the alley and Country Club Road do not form a T.) The sight line to the left and right is less than 90 degrees, and the sidewalk to the left is impaired by plantings on the resident's property. (The driveway plans prior to 2000 show approx. 50 feet between the street entrance and the driveway, creating a clear path of vision on the right to compensate for the impaired sight line into the park and the sidewalk on the left.) b)Uphill path from Wooddale Park to alley /sidewalk - When exiting the alley, an entrance to Wooddale Park on the left is not perpendicular to the alley or the sidewalk, at less than a 90 degree angle. It slopes downward heading into the park, making it very hard to see children riding their bikes as uphill as they exit the park onto the alley /sidewalk. Wooddale Park caters to young children and families owing primarily to the configuration of the playground equipment. A larger space between the park entrance and the alley would improve safety. c) Cross Country Club Road used as a cross walk in front of alley entrance - Pedestrians and bicyclists entering and exiting Wooddale Park primarily cross Country Club Road at the intersection of the alley and Country Club Road, right in front of cars entering and exiting the alley. Directly across from the alley, on the other side of Country Club Road, is another resident's driveway which is used most regularly by young children with or without adults, to cross Country Club Road to exit and enter Wooddale Park. Children and adults do NOT use the cross walks at the corners of Browndale Ave or Moorland Ave. to cross Country Club Road en route to Wooddale Park. d) Sight line blocked by parked cars in driveway -The proposed 4409 Country Club Road driveway will permit parked cars in the Sullivan's driveway to park flush to the edge of the sidewalk, blocking the sight line on the right of cars exiting the alley, because the alley is NOT perpendicular to the sidewalk and Country Club Road. The view to the right is less than 90 degrees and greatly reduces the line of vision. We proposed that the alley intersect the sidewalk and Country Club Road at a 90 degree angle, consistent with the angle of the Sullivan's driveway onto the street. This would move the alley further away from the park entrance.These requests have been denied because in order to do so private property, the Sullivan's, would be used. e) HRB approved - According to the permit, the request to change the alignment of the driveway and cut into the curb was approved by the Heritage Preservation Board. Due to the traffic complications that the intersection of the alley entrance, Country Club Road, and Wooddale Park entrance; creates as is, we are requesting that the ultimate approval and design be by a traffic engineer. f) Alley (not sidewalk)entrance into Wooddale park - Pedestrians entering and exiting Wooddale Park are directed into the alley and not onto the sidewalk due to the angle of approach. Moving the alley further away from the park entrance will enhance safety. The initial plans for the new 4409 Country Club Road driveway also incorporated moving the alley 2 feet closer to the park entrance ostensibly for the safety of the residents of 4409 Country Club Road. We convinced Wayne Houle and Chad Millner that such a move would create a greater public safety threat, and they have eliminated that change to the plans. g) 13 foot distance between alley entrance and Sullivan's driveway onto curb - Per our recent conversations with the city, the alley entrance will be 16 feet wide and there will be a 13 foot space between the alley and the Sullivan's driveway. Please note, cars cannot park within 5 feet of an alley entrance. When cars back out of the Sullivan's driveway . onto the street heading east, they will block the alley entrance since the gap is. 13 feet, preventing cars from entering the alley and holding up traffic. According to city code, 850.08, Subd. 6, D, 2 "Minimum distance between driveways from street intersections: 50 feet between ends or returns of the driveway and the returns of the intersection as measured along the side of the curb." There are currently 3 residents using the alley, 45- 60 trips a day, with the potential for 2 more houses place a garage in back of their house and use the alley. One such house has been granted approval to do so, increasing daily trips to 80 -100. h) ASAP - We have just been informed that the apron of the alley and the Sullivan's driveway onto the curb is scheduled to commence this week and we request your immediate attention so as to not require a subsequent reworking of the project. According to Paul Vogel, the Sullivan's contractor, the driveway is slated to be put in sometime next week. Our intent is that with the changes being made to the driveway at 4409 Country Club Road and those contemplated for the alley apron, we make the intersection of the entrance of the alley, the entrance to Wooddale Park and Country Club Road as safe as can be for all residents, pedestrians, and cars. Michael and Anne Hall 4405 Country Club Road Edina, MN 55424 952.929.1227 email: hallhome1CaDme.com cc. Gordon Hughes Wayne Houle .5 - N-C Y RECEIVED ow, MAY 2'S M la.¢- 44,Q 4aAlt Calk a4, cX/O:- �S +-?,L I Alt LdILI+ Val. 4°4 '3 • ,s+pyP `��� ` �Q-- Qol 4 o l W uat � ()-" � twl- � � ►m A' 5sy�4•- 13 84 John Keprios From: Lynette Biunno Sent: Thursday, May 28, 2009 10:05 AM To: John Keprios Subject: FW: Chowen Park proposal From: Dave K. [mailto:airkings @usfamily.net] Sent: Wednesday, May 27, 2009 10:43 PM To: Lynette Biunno Subject: Chowen Park proposal 5/27/09 Joni Bennett Edina City Council Member Daniel Peterson Edina Park Board Representative Re: Chowen Park vegetable garden proposal 1i p: / /www.startribune.comZ politics /locali45805812 htnil ?eli= KArk-sUUUU Ms. Bennett and Mr. Peterson, We and our young children are near -daily users of Chowen Park, and we object to YEA Corps converting a section of public park for what is ostensibly private use. As you are aware, Chowen .Park is one of the smaller parks in Edina. The available green space is very limited, and what is there is fairly heavily used. The park as a whole is generally busy, accommodating many children from homes immediately adjacent to the park, and from blocks away, as is the case with our family. Even if it were a good idea to convert part of the park for a vegetable garden, there is no extra land in the park with which to do so. The Star Tribune story indicated some type of informal neighbor survey took place, but no one has approached us. Based on the feedback to the Star Tribune story, it's apparent our concerns are shared by'others. The parties mentioned in the story live very close to the park, and allowing them to develop a vegetable garden in the park would be akin to allowing them an extension of their private lots onto public land for personal use. If they're interested in starting a vegetable garden for kids to use and maintain, there's nothing stopping them from making one on their own property. Chowen Park is enjoyed by many people from the surrounding area for the amenities it offers. It isn't appropriate to convert public greenspace to accommodate what is essentially private use. Your consideration is appreciated. Sincerely, Dave and Cindy Kingrey 6016 Chowen Ave. S. Edina, MN 55410 952- 926 -3619 - -- Get FREE fligh..Speed Internet from.USFamily.Net!, - -- 5/28/2009 Mike Siitari From: Todd Porthan Sent: Friday, May 22, 2009 1:52 PM RECEIVED To: Mike Siitari; Gordon Hughes Subject: Edina PD MAY 2 8 M Chief - I just wanted to make you aware of a call like many that go unnoticed and to say THANK YOU to the.officers who responded to my home on Wednesday the 20th. My wife Cathy had called 911 after our 3 year old daughter Taylor went missing for about 20 minutes when I was golfing at the city golf outing. They were playing together in the back yard when my wife went in to change our 4 year old Olivia's clothes and came back to find her missing, after 20 minutes of searching in and out she started to panic and called 911. Tony answered and got her emotions under control and had her search areas not covered as he dispatched the call, Cathy said he was incredible and kept her from "freaking" out more than she already did. 4 officers arrived, the only one I was able to get a name of was Kevin Rofidal and Kodiak, and they started to get information immediately as the others started searching. After a short period of time Taylor appeared riding down the street on her bike. Taylor managed to make her way into the garage and took her bike for a ride down around the neighborhood. Cathy said seeing Kevin and Kodiak along with the other officers gave her the comfort she desperately needed at that time. Later that night I had 5 different neighbors comment on the extremely fast response and the professionalism of the police force, in fact they did not stop commenting for quit some time making statements like "That was the most incredible piece of reassurance for a parent I have ever seen ". I often view calls like this as very mundane, ones we do every day, then I was witness as to how sincere and professional actions affected my family in an remarkable way. I also at times take for granted the quality of the people I work with every day, never again. To quote one of my neighbors "This is why I have chosen to raise my family in Edina!" Thank you, it might have seemed like no big deal but to my wife and myself it meant the world. 7oalri�Porf�an Edina Fire 612- 790 -2526 RECEIVED May 19, 2009 MAY 2 8 2009 To the Police Chief, Michael Siitari, On May 15, 2009 a member of my family, Paul Roche, wandered away from his wife, Barbara, while shopping at the Galleria Mall. This would probably be considered a normal occurrence except for the fact that Paul has Alzheimer's disease. He was missing for 22 hours. We feel blessed that he was found and is now home safe with us. I am writing this letter not to retell this horrible crisis, but to commend the officers who helped us through it. From the time the incident was reported, to the time when he was found, all the officers who responded to this case were outstandingly supportive. Sgt. Tom Draper researched Alzheimer's behavior patterns and then utilized all the available resources in an efficient and decisive manner. Sgt. Bryan Tholen communicated every step of the way, was patient responding to our many questions, and was quick to respond to new leads, as they became available. Both men were confident leaders, and displayed just the right amount of optimism in this situation. All of the officers involved were continually asking questions to try to discover new angles. The sheriff and his bloodhound were tremendously diligent trying to track Paul as well. On behalf of Paul's family and friends I would like to thank everyone for their efforts. As we try to put all of this behind us, the one thing we won't forget is all of your kind actions and words. Please share this with all of the officers and the sheriff, as we were unable to obtain all their names. Each one of them provided excellent public service. With Deepest Gratitude, ' Michele Armstrong and The Family of Paul Roche Date Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson I oppose building a bike trail on 9 Mile Creek, and particularly in Section 2, of the proposed route because: Habitat, environment — Section 2 cuts through undisturbed wetlands and woods that are home to many species of birds, frogs, turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety — If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting our schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. �v� C a AL VVW Qoposal jeopardizes ke e n onm t of one of the city's most prLinewildlife areas and it would nega ' el affect the people and wildlife along its path. Sincerely, Date Q Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson 1 oppose building a bike trail on 9 Mile Creek, and particularly in Sections 1 and 2, of the proposed route because: Habitat, environment — Sections 1 and 2 cut through undisturbed wetlands and woods that are home to many species of birds, frogs, turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety- — if a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety- concerns for parents. Budget and priorities — This isn't the time for such a big- ticket project. The state budget �e 'c: stands at more than S4.2_7 billion, much of that affecting our schools. As budget 'oom for Valley View Middle School and Edina High, a bike trail isn't a necessity. proposal jeopardizes the envirorunent of one of the city's most pristine wildlife areas It - ,vould negatively affect the people and wildlife along its path. sincerely, r game Address Date Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson I oppose building a bike trail on 9 Mile Creek, and particularly in Sections 1 and 2, of the proposed route because: Habitat, environment — Sections 1 and 2 cut through undisturbed wetlands and woods that are home to many species of birds; frogs, turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety — If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting our schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name Address Date Edina City Offices 4801 W: 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson I oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety —'If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name i v, & c5e i7_i Address �)LIO t—I �'� ` - (--n Date Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety —'If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name f\ (� C, Address _1�1` � C r ��-�- e \J_, � A! h 0, , r\ L1 ,) Date V Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety — If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincere) Name Address tJ�il (/VA ,) Date Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Cowncil: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety — If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name 3 ` W\ Address Date Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson I oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16-foot-wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety — If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name �t� Address Nyo iw A oz 66. , Date 5 f I' Zo i, Edina City Offices 4801 W. 50th St. Edina MN 55424 e -mail: edinamail @ci.edina.mn.us PLEASE DISTRIBUTE TO THE FOLLOWING: Edina Park & Recreation Department, John Keprios and Park Board members Three Rivers Park District, Kelly Grissman Senior Manager of Planning with Three Rivers Park District, Jonathan Vlaming City Council: Mayor James Hovland, Joni Bennett, Mary Brindle, Scot Housh, Ann Swenson I oppose building a bike trail on 9 Mile Creek because: Habitat, environment — From Valley Lane to Creek View Lane, the woods and wetlands are home to many species of birds, frogs turtles and more. Blazing a 16- foot -wide trail would destroy habitats and add to pollution. Flooding — The creek often overflows into yards. A trail would damage or ruin wetlands and floodplains and likely exacerbate flooding woes for homeowners. Safety —'If a path is built, we question the safety for adjacent homes and schools. Estimated number of trail users is 500,000 per year, which would bring many visitors close to our schools, and thus add safety concerns for parents. Budget and priorities — This isn't the appropriate time for such a big- ticket project. The state budget deficit stands at more than $4.27 billion, much of that affecting schools. As budget cuts loom for Valley View Middle School and Edina High, a bike trail isn't a necessity. This proposal jeopardizes the environment of one of the city's most pristine wildlife areas and it would negatively affect the people and wildlife along its path. Sincerely, Name Address q 2 1 5ez-� kol 55A35 1. 444 Vote, IQ y� 1 To: I Mayor & City Council From: Debra Mangen City Clerk Date: June 2, 2009 Subject: Correspondence REPORT /RECOMMENDATION Agenda Item VI. Consent ❑ Information Only Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ❑ Resolution ❑ Ordinance Discussion Info /Background: Attached is correspondence received after the packets went out. lI Susan Howl -rom: Lynette Biunno ent: Tuesday, June 02, 2009 8:16 AM Cc: Susan Howl Subject: FW: Edina 4th of July Parade RECEIVED JUN 0.2 2009 - - - -- Original Message---- - From: Richard Olson [ mailto :RJOlson5408@comcast.net] Sent: Monday, June 01, 2009 8:01 PM To: Lynette Biunno; Kristin Aarsvold Cc: Mary Brindle; Housh Scot Subject: Edina 4th of July Parade City Council Members, As the Chair of the parade committee this year, I am writing to invite you to take part in the festivities. We would enjoy having you ride/ walk in the parade on the 4th. The parade starts at 10:00 am and we would ask that you plan on showing up around 9:15 am to get in line. There is also an opportunity for'political units to walk the parade route before the parade starts at 10:00 am. If you want more information on that let me know. look forward to hearing from you and having you join us. All my best, Richard Olson PS. I do not have Ms. Bennett's or Ms. Swenson's home e- mails, so that is why I am sending it to the city's site. ,a RECEIVED Subject: Chowen Park vegetable garden proposal JUN U 1� 6/1/09 Attn: All Edina City Council members Note: This email was previously sent on a limited basis. Re: Chowen Park vegetable garden proposal httr): / /www.startribune.com /Dolitics/ local /45805812. html ?elr= KArksUUUU Dear Edina City Council member, We and our young children are near -daily users of Chowen Park, and we object to YEA Corps converting a section of the public park for what is ostensibly private use. As you are aware, Chowen Park is one of the smaller parks in Edina. The available green space is very limited, and what is there is fairly heavily used. The park as a whole is generally busy, accommodating many children from homes immediately adjacent to the park, and from blocks away, as is the case with our family. Even if it were a good idea to convert part of the park for a vegetable garden, there is no extra land in the park with which to do so. The Star Tribune story indicated some type of informal neighbor survey took place, but no one has approached us. Based on the feedback to the Star Tribune story, it's apparent our concerns are shared by others. The parties mentioned in the story live very close to the park, and allowing them to develop a vegetable garden in the park would be akin to allowing them an extension of their private lots onto public land for personal use. If they're interested in starting a vegetable garden for kids to use and maintain, there's nothing stopping them from making one on their own property. Chowen Park is enjoyed by many people from the surrounding area for the amenities it offers. It isn't appropriate to convert public greenspace to accommodate what is essentially private use. Your consideration is appreciated. Sincerely, Dave and Cindy Kingrey 6016 Chowen Ave. S. Edina, MN 55410 952 - 926 -3619 J1 RECEIVED JUN u 2 2009 7100 Metro Blvd. EDINA, MN 55439 To the Edina Council Members: You are supposed to be representing your constituents when you make decisions — right ? Then why don't you listen to their views ?? I am mainly referring to the proposed bike paths. Of course, bike paths are desireable, especially in these economic times when some are taking to biking to get to work, instead of using their cars. BUT, to place them into resident's back yards, or along the creek where 50 to 100 year old trees would have to be destroyed should NOT be the answer. Also you have not told us the truth — that even though the "3 Rivers Organization" has offered money for this project, IT IS NOT FREE MONEY TO US. There would be expensive bridges needed which they would not pay for, so our taxes would be affected. Also, the trail proposed would not be one used by workers, but would cause reason for safety'concerns because of the visitors who might explore this area. Evidently the regulations call for a 16 foot wide path, which would be an eye -sore in these areas. Yes, Edina people are mostly pleased with the care taken to keep our parks and trails in good condition, but as far as more bike paths, why not put them along side the streets that are already carrying traffic ?? Yes, in some areas, 9 Mile Creek could use some help in cleaning up the area, but NOT by cutting down the beautiful live trees that provide us with natural habitat. WE VOTE NO TO A PAVED BIKE TRAIL IN OUR BACK YARD. Yours truly, Ruth Englund EDINA HUMAN RIGHTS & RELATIONS COMMISSION TUESDAY, MAY 12,. 2009 7:00 PM - MAYOR'S CONFERENCE ROOM Members Present Arnie Bigbee John Cashmore Lisa Finsness Jessi Kingston Bob Mayer Meg Newell Ralph Overholt Russ Stanton Student Members Shara. Mohtadi Emma Weisberg Council Member Mary Brindle Staff Liaison Susan Howl Members Welcomed and Introduced Council Member Brindle welcomed the seven newly- appointed Commission Members, and introductions were made all around. Member Stanton shared that he and the Student Members were the three who had stayed on board. Council Member Brindle reported that the Commission had been "at rest due to members retiring, attendance requirements and voluntary resignations. Commission Officers Nominated • Member Cashmore seconded Student Member Mohtadi's motion to nominate Member Stanton for Chair of the Commission. There being no other nominations on the floor, the motion carried unanimously. • Member Finsness seconded Member Mayer's motion to nominate Student Member Mohtadi for 1st Vice Chair of the Commission. There being no other nominations on the floor, the motion carried unanimously. • Member Newell seconded Member Overholt's motion to table nominations for the 2 "d Vice Chair until a future Commission Meeting; the motion carried unanimously. Meeting Frequency and Dates Determined © Student Member Mohtadi seconded Member Newell's motion that the Commission meet ten times during the year on fourth Tuesdays; the motion carried unanimously. Commission Binder Reviewed Staff Liaison Howl discussed each tabbed subject in the Commissioners new binders. The binders combine history with current information pertaining to the Commission's mission and projects. May 12, 2009 HRRC Minutes Page Two By -Laws Sub- Committee Created The following Commission Members volunteered to become the By -Laws Sub - Committee of the Commission for the purpose of reviewing, rewriting and presenting updated by -laws at the next meeting: Newell, Kingston, Bigbee and Overholt. Human Services Funding Process Discussed Staff Liaison Howl agreed that a schedule should be created for the Commissioners to earmark what lies ahead regarding the human services 2010 funding process. Other items of consideration were: • The need to review the Commission's funding proposal form • The assignment of each Commissioner to a specific provider's proposal • The necessity to publish the RFP in the Sun- Current and City Extra • The need to intentionally share the RFP with known providers serving Edinans • The intention to devote the next Commission meeting to the review of the RFP in order to equip providers with what they need for requesting 2010 human services dollars Meeting Wrapped Up Chair Stanton led the following discussion: • The Commissioners decided to postpone strategic planning for the time being. • The date for the next Commission meeting was determined: Tuesday, May 26th, 7 PM, Mayor's Conference Room. • The Commissioners agreed to bring calendars to the next meeting in order to review meeting dates for potential conflicts. Meeting Adjourned There being no further business, Chair Stanton declared the meeting adjourned at 9 PM. Respectfully submitted, Russell Stanton Chair Edina Human .Rights & Relations Commission PUBLIC HEALTH EMERGENCY COORDINATORS (PHEC) Twin Cities Metro Region dop nL Amg� L I Rp@ v 2008 71 77 =METRO REGION � PUB. LIC. FLEALTN EMERGENCY COORDINATORS Anoka County Community Health S Environmental Services Judy Marchetti (past) Maura Prescher (current) 2100 Third Avenue Anoka, MN 55303 -2264 763- 323 -6127 Mau ra. Prescher@co.anoka.mn. us Bloomington Public Health Lisa Brodsky 1900 West Old Shakopee Road Bloomington, MN 55431 -3095 952 - 563 -4962 lbrodsky @ci.bloomington.mn.us Carver County Public Health Vina Marquart 600 East 4th Street Chaska, MN 55318 952 - 361 -1371 vmarquart@co. carver. mn. us Dakota County Public Health Gina Adasiewicz 1 Mendota Road West West St. Paul, MN 55118 651 - 554 -6244 gina.adasiewicz @co.dakota.mn.us Hennepin County Human Services & Public Health Department Mary Jo Fritz 1011 First Street South, Suite 215 Hopkins, MN 55343 -9413 612- 543 -5226 mary.jo.fritz @co.hennepin.mn.us Minneapolis Department of Health S Family Support Pam Blixt 250 South 4th Street — Room 510 Minneapolis, MN 55415 -1372 612- 673 -3933 pam.blixt @ci.minneapolis.mn.us Saint Paul - Ramsey County Department of Public Health Robert Einweck 50 West Kellogg Blvd. Ste 930 St. Paul, MN 55102 651 - 266 -2534 robert.einweck@co.ramsey.mn.us Scott County Public Health Barb Ottinger 792 Canterbury Road, South, Ste A160 Shakopee, MN 55379 952 -496 -8658 boftinger@co.scoft.mn.us Washington County Public Health S Environment Fred Anderson 14949 62nd Street North Stillwater, MN 55082 -0006 651 -430 -6665 Fred. Anderson @co. wash ington. mn. us Minnesota Department of Health 625 Robert St. N. St. Paul, MN 55164 -0975 Dawn Ginzl Public Health Preparendness Consultant CRI 651- 201 -5703 Dawn. Ginzl @state. mn. us Jacob Owens Public Health Preparedness Consultant 651- 201 -5704 Jacob. Owens@state. m n. us Cynthia Hickman District Epidemiologist 651 - 201 -5663 Cynthia. Hickman @state. mn. us �o�00 o PURPOSE The purpose the Public Health Emergency Coordinators (PHEC) is to provide leadership and to assure a coordinated public health approach to prepare for, mitigate, respond to and recover from an all- hazard event in the Twin Cities metropolitan region. VISION The vision of the PHEC is to have a regionally coordinated system for an all- hazard event by 2011. The components of the system will include the following: • Member agencies and community partners are prepared; • Minnesota Department of Health (MDH) and Local Public Health (LPH) roles and responsibilities are clearly defined; • Public health staff and Medical Reserve Corps volunteers are ready to respond; • Public health emergency preparedness duties are integrated into member agencies' core functions and are sustainable; and, • Member agencies demonstrate ability to respond across the metropolitan region with capacity to assist with response outside the metropolitan region. RELATIONSHIP WITH METRO LOCAL PUBLIC HEALTH ASSOCIATION (MLPHA) Issues of strategic direction, policy, and commitments of financial or county /city resources will be brought to MLPHA for decision. MLPHA members are briefed on the status of ongoing preparedness activities. PHEC MEMBERSHIP The membership will represent each of the seven metro counties and the cities of Minneapolis and Bloomington, Richfield and Edina. Each agency will designate two staff members to the PHEC, a primary representative and an alternate. Agencies include: Anoka County Community Health & Environmental Services Bloomington Public Health (Richfield and Edina) Carver County Public Health Dakota County Public Health Hennepin County Human Services and Public Health Department Minneapolis Department of Health and Family Support Minnesota Department of Health (Ex officio) Saint Paul- Ramsey County Department of Public Health Scott County Public Health Washington County Public Health and Environment 3 4 � o 2008 LIST OF Al Regional Coordination • Accomplishments in collaboration with staff on subgroups and MLPHA • Coordinated and /or participated in multi jurisdictional or regional exercises including: Panamax, Power Outage, Environmental Health tabletop, Disaster Behavioral Health • Exercised Multi Agency Coordination System (MACS) during Panamax • Participated in successful planning and implementation of metro region 800 MHz drills • Worked with state radio board to obtain public health radio talkgroups • Continued to develop Regional Health Medical All- Hazards Emergency Response Plan • Updated PHEC 24/7 notification plan • Assisted with incorporating Environmental Health into Public Health Mutual Aid Agreement • Continued to work on developing a cooperative agreement between the RDN and Metropolitan Airport Commission • Planned and staffed the Health Medical Joint Operation Center for the RNC • Shared "Best Practices" with partners involved in Cities Readiness Initiative (CRI) • Participated in ongoing planning for operational izing the postal plan for CRI • Operationalized the Alternative Dispensing Modalities (ADM) to local jurisdictions • Provided leadership and support in developing the regional behavioral health plan • Participated in the coordination and planning with long -term care partners • Obtained regular workgroup reports to measure progress toward regional deliverables • Initiated planning for a regional exercise - Snowball IV • Developed and submitted enumeration of mission critical personnel • Participated in developing ECHO strategic workplan including activation protocol • Showed leadership in Metropolitan Medical Response System (MMRS) strategic planning as well as staffing workgroups, and coordinating regional exercise plan • Collaborated in seeking new sources of revenue • Coordinated CRI effort with partners outside of the metro area • Shared work products among members Community Outreach and Education • Local Public Health gave multiple presentations at the Ready to Respond conference • Continued to strengthen relationships with health care agencies, including hospitals, unaffiliated and affiliated clinics • Participated in Metro Clinic Coordination Workgroup annual seminar • Began regional planning for special populations • Developed a community outreach page on the MDH workspace • Coordinated work with Emergency Managers through MMRS and Metropolitan Emergency Managers Association • Coordinated outreach to various community -based and faith -based organizations 0 :OMPLISFIMENTS Local /State Role definition • Exercised LPH role in medication allocation /distribution in Operation Panamax • Participated in Metro Public Health Preparedness Consultants (PHPC) hiring process and orientation • Contributed to the state and local activity plans for the RNC • Collaborated with MDH to determine LPH classification and capacity in Tier Assessment Sustainability • Completed SNS Technical Assistance Review with CDC and MDH • Developed grant proposal for Pan Flu federal funding source • Updated PHEC Operating Procedures • Further refined leadership and structure of PHEC chair, chair -elect and past chair • Developed on -going process and procedures for workgroups to follow • Developed regional multi -year Homeland Security Exercise and Evaluation Program compliant exercise plan • Successful negotiation of two PHPC metro consultants with local orientation Prepared Workforce • Offered media training for local public health staff • PHEC members attended 3rd Annual National Preparedness Summit in Atlanta, GA • Assured coordinated Medical Reserve Corps (MRC) training • Partnered in quarterly regional MRC trainings • Trained and used MN Trac during RNC • Local Public Health leadership staff attended ICS 300, 400 training • Numerous local public health staff working toward Emergency Management Certification • All agencies developed and implemented core preparedness training programs that are complementary across all jurisdictions Culture of Preparedness • Continued to develop relationships with emergency management and hospitals • Local Public Health was identified as having a credible role in planning for the RNC and in an emergency with a wide variety of federal, state and local partners • Completed Tier Assessment which identifies emergency preparedness as a public health core function • Led implementation of ICS training for the entire metro LPH workforce G 2005 PHEC WORKPLAN Objective One Participate in development MACS support annex. Objective Two Develop operational procedures for "mini MAC'. Objective Three Exercise MACS support annex plan by June 15th exercise. Objective Four Identify and develop a matrix identifying the primary and secondary PH response as identified in the target capabilities list related to special populations. Objective Five Participate and support the development and review process of the Regional Plan. Objective Six Identify gaps and address priorities in After Action Reports, SNS Technical Assistance Review and assign priorities to work groups. Objective Seven Identify training needs related to the metro regional plan and implement training as needed. WORKGROUPS THAT REPORT TO PHEC CRI Coordinating Workgroup Local Public Health Clinic Partnership Metro HAN Coordinators Metro Public Information Officers Workgroup Metro Mass Dispensing Workgroup Medical Reserve Corps (MRC) /MN Responds RDN Operations Review Committee Regional Exercise Planning Workgroup AFFILIATED GROUPS Behavioral Health Task Force Emergency Communication Health Outreach (LEP Populations) Long Term Care Task Force Metro Hospital Compact Metro Clinic Coordination Workgroup Metro Pharmaceutical Cache Steering Committee Metropolitan Medical Response System Metropolitan Emergency Managers Association NACCHO Advanced Practice Center Environmental Health 0 q "i m o 7 0 STRATEGIC PLAN 2007 This five year Strategic Plan was initially developed by the metro Public Health Emergency Coordinators (PHEC) in December 2006. It is reviewed and updated annually. The Strategic Plan includes vision areas and objectives which inform the current year's PHEC workplan. It reflects that a culture of public health preparedness is valued and must be integrated into all metro local public health (LPH) agencies as a core function. A culture of preparedness must be coordinated throughout the metro region, with measurable outcomes, so that public health preparedness can be sustained. 1. There will be a Regionally Coordinated System for Public Health planning and response. a. Ongoing successful exercising and operationalizing of a regional response plan: All Hazard Plan including targeted capabilities with public health critical tasks. b. The Response Coordination Matrix and Metro MACS (Multi Agency Coordination System) are exercised and functional. c. Cooperative Agreements and /or Memoranda of Understanding agreements are in place. d. Preparedness and response roles and responsibilities are clearly defined between MDH and LPH. 2. Ongoing community and partner education efforts will be coordinated among agencies. a. Maintain situational awareness among partner jurisdictions. b. Define role in community education and partners. c. Local public health role is clearly defined for special populations. d. Coordinate efforts in community education /outreach and partner as opportunities arise. e. Coordinate efforts with statewide partners. f. Advocate for communication technology with partners and constituents. 3. Regionally coordinated response capabilities are developed and maintained as a core Public Health function. a. Regional and local public health all hazard plans are revised, integrated and sustained. b. Gaps and priorities (from assessments, exercises and responses) are identified and addressed. c. Opportunities for consistent public health preparedness funding are maximized. 4. Metro Local Public Health workforce is ready and prepared to respond to an incident with Public Health implications a. Metro leadership, staff and volunteers are trained to respond to targeted capabilities with public health critical tasks. b. A coordinated process is in place for notification, activation and deployment of the workforce. c. Shared training opportunities are developed and utilized regionally. d. All staff are oriented and trained to their local and regional preparedness responsibilities. PublicHealth Prevent. Promote. Protect. •- El Government Relations ro Municipal Legislative Commission 2009 Session Minnesota Legislative Report Prepared By Tom Poul, Bill Schreiber, Nancy Haas and Carolyn LaViolette Messerli & Kramer, P.A. 145 University Avenue West, Suite 450 Saint Paul, Minnesota 55103 651- 228 -9757 www.messerlikramer.com /government Contents 2009 Legislative Session Summary ....................................... ............................... - 3- Taxes........................................................................................ ............................... - 4- Omnibus Public Finance Bill .............................................. ............................... - 4- Stateand Local Government ............................................... ............................... -12 - Omnibus Pensions Bill ...................................................... ............................... - 12- Eliminating Local Government Mandates ........................ ............................... - 13 - Omnibus State Government Budget Bill .......................... ............................... - 16- Businessand Labor ................................................................. ............................ -18 - Firefighters Licensure ....................... ............................... - - Health Care & Human Services ......................................... ............................... - 18- Health Policy Omnibus Bill .............................................. ............................... - 18- Commerce............................................................................. ............................... - 20- OmnibusLiquor Bill ......................................................... ............................... - 20- PublicSafety ......................................................................... ............................... - 21- AdministrativeFines ......................................................... ............................... - 21- Transportationand Transit ................................................ ............................... - 24- Omnibus Capital Investment Bill ...................................... ............................... - 24- Omnibus Transportation Finance Bill ............................... ............................... - 26- Bills Not Passed During 2009 Session ................................. ............................... - 29- Appendix............................................................................... ............................... - 31- -2- The 2009 Session began on January 6, 2009 with one goal in mind: to solve one of the largest budget deficits in Minnesota's history. The February budget forecast predicted the budget shortfall to be approximately $6.4 billion in FY 2010 -2011. However, with the inclusion of federal dollars from the economic stimulus package, the deficit was reduced to $4.6 billion. Revenue had decreased by $1.2 billion, and job losses were projected to reach 120,000 by 2010. Tom Stinson, the State Economist, said the federal stimulus money would help shorten the recession, but it was not a permanent budget solution. To help resolve the deficit, Governor Pawlenty wanted to make significant cuts to Health & Human Services, citing the spending in this area was out of control. He proposed continuing to invest more money into K -12 Education and merit -pay. Pawlenty also stated that he would continue to not support tax increases to raise revenue. The House and Senate released their budget proposals by mid - March. The Senate's proposal made cuts to all programs by 7% (a "shared sacrifice ") and raised revenue through increased taxes on all income levels. The House made cuts in a strategic way, leaving K -12 with a zero - increase and deeper cuts to Health & Human Services. Their revenue was -raised with the creation of a 4th -tier income tax bracket on top earners in the State ($300,000 for married couples, $169,700 for individuals). The Legislature passed their funding bills and sent them to the Governor, leaving roughly a $2.7 billion shortfall. DFL Leaders and the Governor disagreed on how they would raise revenue to fill that gap. The Governor wanted to use funding shifts and sell tobacco bonds, while the House and Senate wanted to pursue the 0-tier income tax, a surtax on excess interest rates, and increase the liquor tax. On May 14, the Governor made an announcement that he would use his line -item veto and unallotment authority to balance the budget if an agreement wasn't reached by midnight on May 18 (in other words, he would not call a special session). May 18 came and went, and an agreement was not reached. The Governor will announce his plan to balance the budget by July 1. It is likely he will use $1.7 billion in a K -12 Education payment shift, leaving roughly $1.2 billion of cuts to make. The 2010 Legislative Session will convene on Thursday, February 4, at noon. -3- Omnibus Public Finance Bill H.F. 1298 Representative Ann Lenczewski, Senator Thomas Bakk The Omnibus Public Finance bill was used as a vehicle for the non - controversial tax provisions in H.F. 2323, the original Omnibus Tax bill. The legislation was signed by the Governor on May 16, 2009. Provisions in the Omnibus Public Finance bill that affect MLC cities include the following: Recertification Due to Unallotment If a local government's December credit payments are unalloted, this provision permits a recertification of its levy by January 15 of the year in which the levy will be paid. Local governments must report the recertified amount to the county auditor within two business days of January 15, or the levy will remain at the amount certified. 40.3 Sec. 19. Minnesota Statutes 2008, section 275.07, is amended by adding a subdivision 40.4 to read: s 40.5 Subd. 6. Recertification due to unallotment. If a local government's December 40.6 aid or credit payments under sections 477A.011 to 477A.014 and section 273.1384 are 40.7 reduced due to unallotment under section 16A.152, the local government may recertify 40. s its levy under subdivision 1, by January 15 of the year in which the levy will be paid. 40.9 The local government must report the recertified amount to the county auditor within 40.10 two business days of January 15 or the levy will remain at the amount certified under 40.11 subdivision 1. Notwithstanding subdivision 4, the county auditor shall report to the 40.12 commissioner of revenue any recertified levies under this subdivision by January 30 40.13 of the year in which the levy will be paid. 40.14 EFFECTIVE DATE. This section is effective the day following final enactment. Special levy for loss of MVHC A special levy would be permitted for the estimated amount of reductions to credits (levies certified in calendar year 2009 and thereafter, and payable in 2010 and thereafter). -4- 40.15 Sec. 20. Minnesota Statutes 2008, section 275.70, subdivision 5, is amended to read: 40.16 Subd. 5. Special levies. "Special levies" means those portions of ad valorem taxes 40.17 levied by a local governmental unit for the following purposes or in the following manner: 43.15 (22) an amount equal to any reductions in the certified aids or credits payable 43.16 under sections 477A.0I I to 477A.014, and section 273.13 84, due to unallotment under 43.17 section 16A.152. The amount of the levy allowed under this clause is equal to the amount 43.18 unallotted in the calendar year in which the tax is levied unless the unallotment amount is 43.19 not known by September 1 of the levy year, and the local government has not adjusted its 43.20 levy under section 275.065, subdivision 6, or 275.07, subdivision 6, in which case the 43.21 unallotrrmerit amount may be levied in the following year.-; 43.22 (23) to pay for the difference between one -half of the costs of confining sex offenders 43.23 undergoing the civil commitment process and any state payments for this purpose pursuant 43.24 to section 25313.185; subdivision 5; 43.25 '(24) for a county to pay the costs of the first year of maintaining and nd operating a new 43.26 facility or new expansion, either of which contains courts, corrections, dispatch, criminal 43.27 investigation labs, or other public safety facilities and for which all or a portion of the 43.28 funding for the site acquisition, building design, site preparation, construction, and related 43:29 equipment was issued or authorized prior to the imposition of levy limits in 2008. The 43.30 levy limit base shall then be increased by an amount equal to the new facility's first full ° 43.31 year's operating costs as described in this clause; and 43.32 (25) for the estimated amount of reduction to credits under section 273.1384 for 43.33 credits payable in the year in which the levy is payable. 43.34 EFFECTIVE DATE. This section is effective for levies certified in calendar year 43.35 2009 and thereafter, payable in 2010 and.thereafter. Fee and Tax Definitions Adds new language to current '. statute, clarifying that a person, corporation, organization or entity is not exempt from payment of a validly imposed fee as defined under this provision. 198.24 Sec. 18. Minnesota Statutes 2008, section 645.44, subdivision 19, is amended to read: 198.25 Subd. 19. Fee and tax. (a) "Tax" means any fee, charge, exaction, or assessment 198.26 imposed by a governmental entity on an individual, person, entity, transaction, good, .198.27 service, or other thing. It excludes a price that an individual or entity chooses voluntarily 198.28 to pay in return for receipt of goods or services provided by the governmental entity. -5- 198.29 A government good or service does not include access to or the authority to engage in 198.30 private market transactions with a nongovernmental party, such as licenses to engage in a 198.31 trade, profession, or business or to improve private property. 198.32 (b) For purposes of applying the laws of this state, a "fee," "charge," or other similar 198.33 term that satisfies the functional requirements of paragraph (a) must be treated as a tax for 199.1 all purposes, regardless of whether the statute or law names or describes it as a tax. The 199.2 provisions of this subdivision do not exempt a person, coMoration, organization, or entity 199.3 from payment of a validly imposed fee, charge, exaction, or assessment, nor preempt or 199. 4 supersede limitations under law that apply to fees, charges, or assessments. 199.5 (c) This subdivision is not intended to extend or limit article 4, section 18, of the 199.6 Minnesota Constitution. 199.7 EFFECTIVE DATE. This section is effective the day following final enactment. Fiscal Disvarities — Eliminatine 1 -vear Lae Stud A study shall be conducted to determine the feasibility of basing fiscal disparities calculations on current year tax rates, rather than tax rates from the previous year. Results from.this study will be reported to the House and Senate Tax Committee chairs and ranking minority members by February 1, 2011. 0 67.24 Sec. 50. REPORT BY ADMINISTRATIVE AUDITOR. 67.25 The administrative auditor selected pursuant to Minnesota Statutes, section 67.26 473F.03, with the cooperation of the county auditors in the area defined by Minnesota 67.27 Statutes, section 473F.02, subdivision 2, shall study the feasibility of basing fiscal 67.28 disparities calculations on current year tax rates rather than previous year tax rates, 67.29 and report the results of the study to the chairs and ranking minority members of the 67.30 house of representatives and senate tax committees by February 1, 2011. The stud 67.31 specifically address any complications that arise from the inclusion of the referendum 67.32 market value levy in the fiscal disparities calculations. The report should include any 67.33 recommendations for amendments to Minnesota Statutes, chapter 473F, that would be 67.34 necessary to implement the change. 68.1 EFFECTIVE DATE. This section is effective the day following final enactment. M Content of Tax Statements Modified This provisions requires a tax statement to not imply that property tax credits are paid by the State of Minnesota when they are reduced or unalloted. 44.27 Sec. 22. Minnesota Statutes 2008, section 276.04, subdivision 2, is amended to read: 44.28 Subd. 2. Contents of tax statements. (a) The treasurer shall provide for the 44.29 printing of the tax statements. The commissioner of revenue shall prescribe the form of 44.30 the property tax statement and its contents. The tax statement must not state or imply 44.31 that property tax credits are paid by the state of Minnesota. Deadline extension for Special Services District and Housing hmprovement District Changes the deadline from June 30, 2009 to June 30, 2013. 5o.11 Sec. 27: Minnesota Statutes 2008, section 428A.101, is amended to read: 50.12 428A.101 DEADLINE FOR SPECIAL SERVICE DISTRICT UNDER 50.13 --GENERAL LAW. 50.14 The establishment of a new special service district.after June 30, 2409 2013, requires 50.15 enactment of a special law authorizing the establishment. 50.16 EFFECTIVE DATE. This section,is effective the day followinm final enactment. 51.27 Sec. 30. Minnesota Statutes 2008, section 428A.21, is amended to read: 51.28 428A.21 DEADLINE FOR HOUSING IMPROVEMENT DISTRICTS UNDER 51.29 GENERAL LAW. 51.30 The'establishment of a new housing improvement area.after June 30, 2W9 2013, 51.31 requires - enactment of a special law authorizing the establishment of the area. 51.32 EFFECTIVE DATE. This.section is effective the day following final enactment. Truth in Taxation hearings The requirement for a local government to hold Truth in Taxation hearings is eliminated. If the local government chooses to hold a hearing, it must take place after 6:00 p.m. (see Appendix). -7- TIF — 5 -vear Rule Extension The 5 -year rule is extended to 10 years for a redevelopment district or a renewal and renovation district certified after June 30, 2003 and before April 20, 2009. This extension is primarily to accommodate delays in development activities due to unanticipated economic circumstances. 105.8 Subd. 3. Five -year rule. (a) Revenues derived from tax increments are considered 105.9 to have been expended on an activity within the district under subdivision 2 only if one 1o5. to of the following occurs: 105.11 (1) before or within five years after certification of the district, the revenues are 105.12 actually paid to a third party with respect to the activity; 105.13 (2) bonds, the proceeds of which must be used to finance the activity, are issued and 105.14 sold to a third party before or within five years after certification, the revenues are spent 105.15 to repay the bonds, and the proceeds of the bonds either are, on the date of issuance, 1o5.16 reasonably expected to be spent before the end of the later of (i) the five -year period, or 105.17 (ii) a reasonable temporary period within the meaning of the use of that term under section 105. la 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve 105. 19 or replacement fund; 105.20 (3) binding contracts with a third party are entered into for performance of -the 105.21 activity before or within five years after certification of the district and the revenues are 105.22 spent under the contractual obligation; 105.23 (4) costs with respect to the activity are paid before or within five years after 105.24 certification of the district and the revenues are spent to reimburse a party for payment 105.25 of the costs, including interest on unreimbursed costs; or 105.26 (5) expenditures are made for housing purposes as permitted by subdivision 2, 105.27 paragraphs (b) and (d), or for public infrastructure purposes within a zone as permitted 105.29 by subdivision 2, paragraph (e). 105.29 (b) For purposes of this subdivision, bonds include subsequent refunding bonds if 105.3o the original refunded bonds meet the requirements of paragraph (a), clause (2). 105.31 (c) For a redevelopment district or a renewal and renovation district certified after 105.32 June 30, 2003, and before April 20, 2009, the five -year periods described in paragraph 105.33 (a) are extended to ten years after certification of the district. This extension is provided 105.34 primarily to accommodate delays in development activities due to unanticipated economic WE 105.35 circumstances. 106.1 EFFECTIVE DATE. This section is effective the day following final enactment. TIF - 4 -year Knockdown Extension The 4 -year knockdown is extended to 6 years for districts certified on or after January 1, 2005 and before April 20, 2009. , 104.15 Sec. 7. Minnesota Statutes 2008, section 469.176, subdivision 6, is amended to read: 104.16 Subd. 6. Action required. (a) If, after four years from the date of certification of 104-27, the original net tax capacity of the tax increment financing district pursuant to section 104.18 469.177 , no demolition, rehabilitation, or renovation of property or other site preparation, 104.19 including qualified improvement of a street adjacent to a parcel but not installation 104:20 of utility service including sewer or water systems, has been commenced on a parcel 104.21 located within a tax increment financing district by the authority or by the owner of the 104.22 parcel in accordance with the tax increment financing plan, no additional tax increment 104.23 may be taken from that parcel, and the original net tax capacity of that parcel shall be 104.24 excluded from the original net tax capacity of the tax increment financing district. If the 104.25 authority or the owner of the parcel subsequently commences demolition, rehabilitation, 104.26 or renovation or other site preparation on that parcel including qualified improvement of 104.27 a street adjacent to that parcel, in accordance with the tax increment financing plan, the 104.28 authority shall certify to the county auditor that the activity has commenced, and the_ 104.29 county auditor shall certify the net tax capacity thereof as most recently certified by the 104.30 commissioner of revenue and add it to the original net fax capacity of the tax increment 104.31 financing district. The county auditor must enforce the provisions of this subdivision. The 104.32 authority must submit to the county auditor evidence that the required activity has taken 104.33 place for each parcel in the district. The evidence for a parcel must be submitted by 104.34 February 1 of the fifth.year following the year in which the parcel was certified as included 104.35 in the district. For purposes of this subdivision, qualified improvements of a street are 105.1 limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) 105.2 substantial reconstruction or. rebuilding of an existing street. 105.3 (b) For districts which were certified on or after January 1, 2005, and before April 105.4 20, 2009, the four -year period under paragraph (a) is increased to'six years. 105.5 EFFECTIVE DATE. This section is effective for districts certified on or after 105.6 January 1, 2005. Mm TIF — Special TIF Projects The following cities were also provided special TIF authority: Oakdale, Chisago City /Lindstrom, Sauk Rapids, South St. Paul, Minnetonka, Arden Hills, Seaway Port Authority of Duluth, Mankato, and St. Louis Park (see Appendix). Bus Bonds Allows for $34.2 million in Regional Transit Bonds, to be issued by the Metropolitan Council. 125.32 Sec. 20. Minnesota Statutes 2008, section 473.39, is amended by adding a subdivision 125.33 to read: 126.1 Subd. 10. Obligations. After July 1, 2009, in addition to other authority in this 126.2 section, the council may issue certificates of indebtedness, bonds, or other obligations 126.3 under this section in an amount not exceeding $34,200,000 for capital expenditures as 126.4 prescribed in the council's regional transit master plan and transit capital improvement 126.5 program and for related costs, including the costs of issuance and sale of the obligations. 126. 6 EFFECTIVE DATE; APPLICATION. This section is effective the day following 126.7 final enactment and applies to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 126.8 Scott, and Washington. Emereencv Devt Certificates If the receipts of a local government are reasonably expected to be reduced below the amount provided in the budget, this provision allows the authorization and selling of certificates of indebtedness to mature within two years or less from the end of the fiscal year in which the certificates are issued. 55.1 Sec. 37. [475.7551 EMERGENCY DEBT CERTIFICATES. 55.2 (a) If at any time during a fiscal year the receipts of a local government are 55.3 reasonably expected to be reduced below the amount provided in the local government's 55.4 budget when the final property tax levy to be collected during the fiscal year was certified 55.5 and the receipts are insufficient to meet the expenses incurred or to be incurred during the 55.6 fiscal year, the governing body of the local government may authorize and sell certificates 55.7 of indebtedness to mature within two years or less from the end of the fiscal year in which 55.8 the certificates are issued. The maximum principal amount of the certificates that it may 55.9 issue in a fiscal year is limited to the expected reduction in receipts plus the cost of -10- 55.10 issuance. The certificates may be issued in the manner and on the terms the governing 55.11 body determines by resolution.. 55.12 (b) The governing body of the local government shall levy taxes for the payment of -55.13 principal and interest 'on: jhe certificates in accordance with section 475.61. 55.14 (c) The certificates are not to be included in the net debt of the issuing local 55.15 government. 55.16 (d) To the extent that a local government issues certificates under this section to fund 55.17 an unallotinent or other reduction in its state aid, the local government may not use a 55.18 special levy for the aid reduction under section 275.70, subdivision 5, clause (22), or a 55.19 similar onsuccessor provision. This provision does not affect the status of the levy under 55.20 section 475.61 to pay-the certificates as a levy that is not subject to levy limits. 55.21 (e) For purposes of this section, the following terms have the meanings given: (1) "Local government" means a statutory or home rule charter city, a town, or 55.23 a county. - 55.24 (2) "Receipts" includes the following.amounts scheduled to be received by the 55.25 local government for the fiscal year from: 55.26 1 taxes; 55.27 ii) aid payments previously certified by-the state to be paid to the local government; 55.28 (iii) state reimbursement payments for property tax credits; an 55.29 (iv) any other source. 55.30 EFFECTIVE DATE. This section is effective the day following final enactment. Omnibus Pensions Bill S.F. 191 Senator Don Betzold, Representative Mary Murphy One of the last bills to be passed on May 18 was the Omnibus Pensions bill. The final package contains technical changes to volunteer fire relief association (VFRA) law (for full text, see Appendix). • Separates out and reorganizes the defined contribution plan and the defined benefit plan VFRA provisions. • Recodifies the substantive VFRA benefit plan law. • Separates out prohibition on minors performing firefighting duties for fire departments. • Provides an exception to minors firefighting service prohibition for adult supervised youth group or education institution fire department activities. • Permits paying Public Employees Retirement Association (PERA)- Police and Fire employer contributions for paid firefighters by municipalities without VFRAs. • Clarifies the VFRA funded condition threshold for implementing benefit increases without municipal approval. • Permits former or retired firefighters to return to active fire service without penalty. • Clarifies the manner for the granting of monthly service credit. • Permits casualty insurance premiums from a state licensed insurance company other than the VFRA of Minnesota. • Allows trusts to be designated as beneficiaries for firefighters covered by lump sum service pensions. • Aligns supplemental lump sum volunteer firefighter benefit survivor definitions with general Minnesota Statutes. • Allows local units of government to offer a phased retirement option to employees age 62 and older. -12- Eliminating Local Government Mandates C. H.F. 1849 Representative Michael Nelson, Senator Ann Rest H.F. 1849 removes or modifies mandates on local government units. The Governor is expected to sign this bill.. Provisions of interest to MLC cities include the following: Reporting Buildin Development Fees Increases the threshold for reporting building/development fees from $5,000 to $10;000. 3.12 Sec. 4. Minnesota Statutes 2008, section 326B.145, is amended to read: 3.13 326&145 ANNUAL REPORT. - 3.14 Begimiing with the fifst r-epeo flea by june 30, 200z, Each municipality shall 3.15 annually report by June 30 to the department, in a format prescribed by the department, all 3.16 construction and development- related fees collected by the municipality from developers, 3.17 builders, and subcontractors if the cumulative fees collected exceeded $5,000 in the 3.19 reporting year, except that, for reports due June 30, 2009, to June 30, 2013, the reporting 3.19 threshold is $10,000. The report must include: 3.20 (1) the number and valuation of units for which fees were paid; ° 3.21 (2) the amount of building permit fees, plan review fees, administrative fees, 3.22 engineering fees, infrastructure fees, and other construction and development - related 3.23 fees; and 3.24 (3) the expenses associated with the municipal activities for which fees were 3.25 collected. 3.26 EFFECTIVE DATE. This section is effective the day following final enactment. Effective Date for Rules: Chan Provides two set times a year (January 1 or July 1) for rules to take effect if they require a local government to'make'a plan or ordinance change. 1.24 "Section 1. [14.1281. EFFECTIVE DATE FOR RULES REOUHUNG LOCAL 1.25 IMPLEMENTATION. 1.26 Subdivision 1. Determination. Anagency must determine if a local government 1.27 will be required to adopt or amend an ordinance or other regulation to comply with -13- 1.28 proposed agency rule. An agency must make this determination before the close of the 1.29 hearing record or before the agency submits the record to the administrative law judge if 1.30 there is no hearing. The administrative law judge must review and approve or disapprove 2.1 the agency's determination. "Local government" means a town, county, or home rule 2.2 charter or statutory city. 2.3 Subd. 2. Effective dates. If the agency determines that the proposed rule requires 2.4 adoption or amendment of an ordinance or other regulation, or if the administrative law 2.5 judge disapproves the agency's determination that the rule does not have this effect, the 2.6 rule may not become effective until: 2.7 (1) the next July 1 or January 1 after notice of final adoption is published in the 2.8 State Register, or 2.9 (2) a later date provided by law or specified in the proposed rule. 2.10 Subd. 3. Exceptions. Subdivision 2 does not apply: 2.11 (1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law 2.12 specifying that the rulemaking procedures of this chapter do not apply; 2.13 (2) if the agency has been directed by law to adopt the rule or to commence the 2.14 rulemakingprocess; 2.15 (3) if the administrative law judge approves an agency's determination that the rule 2.16 has been proposed pursuant to a specific federal statutory or regulatory mandate that 2.17 requires the rule to take effect before the date specified in subdivision 1; or 2.18 (4) if the governor waives application of subdivision 2. City Councilmember Salary Reductions Allows a temporary reduction for city councilmember salaries, when the council acts to do so. 10.17 Sec. 17. Minnesota Statutes 2008, section 415.11, is amended by adding a subdivision 1o. 18 to read: lo.l9 Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter 10.20 provision to the contrary, the governing body may enact an ordinance to take effect before 10.21 the next succeeding municipal election that reduces the salaries of the members of the 10.22 governing body. The ordinance shall be in effect for 12 months, unless another period of 10.23 time is specified in the ordinance, after which the salary of the members reverts to the -14- 10.24 salary in effect immediately before the ordinance was enacted. 10.25 EFFECTIVE DATE. This section is effective the day following final enactment. Records Retention Task Force Sets up a ,Records Retention Task Force . of the Minnesota Clerks and Finance Officers As's'ociation, in conjunction with ';the, Minnesota Historical Society, to conduct a review of all the permanent retention schedules for governmental bodies across the state. 16.7 Sec. 24. RECORD RETENTION TASK FORCE; REPORT TO. LEGISLATURE. 16.8 The Records-- Retention Task Force of the Minnesota Clerks and Finance Officers 16.9 Association, 'in coniunctiori with the Minnesota Historical Society, must conduct a study 16.10 to review the permanent retention schedules applicable to the records of all governmental 16.11 bodies in the state. The task force study must contain recommendations fonfuture 16.12 methods of determining the he appropriate time for the retention of various classes`of.records 16.13 maintained by the governmental bodies and the task force must report its fmdinas to 16.14 the appropriate standing committees of the senate and house of representatives whose 16.15 jurisdiction includes the maintenance of public records by February 15, 2010. o Contracting Performance Bonds Corrects and clarifies cross references for contracting performance bonds 'and competitive bidding under Minnesota Statutes, sections 429.041 and 469.015 (see Appendix) Out -of -State Travel Policy Requirements Change the requirement for an annual review of a city's, county's, school district's, . or other political subdivision's out' of -state travel policy. The statute .clarifies that, a travel policy must be on record and made available upon request. 14.29 Sec. 21. Minnesota Statutes 2008, sectidn`471.661,,is amended to read: 14.30 471.661 OUT -OF -STATE TRAVEL. 14.31 By anuar -y 1, 2006, The governing body of each statutory or home rule charter city, 14.32 county, school district, regional agency, or other political subdivision, except a town, must 14.33 develop have on record a policy that controls travel outside the state of Minnesota for 14.34 the applicable elected officials of the relevant unit of government. The policy must be -15- 14.35 approved by a recorded vote and specify: 15.1 (1) when travel outside the state is appropriate; 15.2 (2) applicable expense limits; and 15.3 (3) procedures for approval of the travel. 15.4 The policy must be made available for public inspection upon request and 15.5 afmaall}. Subsequent changes to the policy must be approved by a recorded vote. Omnibus State Government Budget Bill S.F. 2082 Senator Don Betzold, Representative Phyllis Kahn The State Government Budget bill appropriates money to most of the State's agencies, the Legislature, the offices of the constitutional officers, and the Governor. There are also sections in the bill pertaining state and local government purchasing arrangements. The Governor signed S.F. 2082 on May 16, 2009. State cooperative purchasing The original language in S.F. 1459 (Bonoff) and H.F. 1423 (Winkler) would have required municipalities to contract through the state's cooperative purchasing venture when buying supplies, materials or equipment. The State Government Budget bill conference committee changed the language to be permissive with the exception of contracts exceeding $25,000 (in such a case, the municipality must consider the availability and price through the State's cooperative purchasing before buying from another source). 84.15 Sec. 92. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read: 84.16 Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the 84.17 purchase of supplies, materials, or equipment by utilizing contracts that are available 84.18 through the state's cooperative purchasing venture authorized by section 16C.11 . For a 84.19 contract estimated to exceed $25,000, a municipality must consider the availability, price 84.2o and quality of supplies, materials, or equipment available through the state's cooperative 84.21 purchasing venture before purchasing through another source. 84.22 (b) If a municipality does not utilize the state's cooperative purchasing venture, a 84.23 municipality may contract for the purchase of supplies, materials, or equipment without 84.24 regard to the competitive bidding requirements of this section if the purchase is through 84.25 a national municipal association's purchasing alliance or cooperative created by a joint - 16- 84.26 powers agreement that purchases items from more than one source on the basis of 84.27 competitive bids or competitive quotations. Cash flow study This section. requires a study of the condition of the State's cash flow and an assessment of the options to improve it for the next fiscal year. Options for improvement would include changes to revenue collections and timing of general fund payments. The results of this study will be submitted to the Finance Committees and Ways and Means Committee by January 15, 2010. 88.16 -Sec. 101. CASH FLOW STUDY. 88.17 By January 15, 2010, the commissioner of finance must submit to the chair se:18 and ranking minority member of the Finance Committee in the senate and the chair,, 88.19 and ranking minority member of the Ways and Means Committee in the house.of 88.20 .. representatives, a report on the cash flow condition of the generaLfund for the fiscal 88.21 year 2010 -2011 biennium and the following biennium, including an assessment of the 88.22 Options for improving the long -term cash flow of the state.through changes in the timing 88.23 of-general fund payment dates, revenue collections, or other changes. In addition, the 88.24 report should identify all major provisions of law that result in state expenditures or 88.25 revenues being recognized in budget documents in a fiscal year earlier or later than the 88.26 fiscal year in which the obligation to pay state expenses was incurred or the liability 88.27 to pay state taxes was incurred. - -17- Firefighters Licensure S.F. 1219 Senator Ann Rest, Representative Joe Atkins This bill creates licensing standards for full -time firefighters and volunteer firefighters. The bill requires the board to appoint an organization accredited by the International Fire Service Accreditation Congress to prepare and administer firefighter certification examinations. A volunteer firefighter may apply for the same licensure as full -time firefighters (for full text, see Appendix). The Governor will likely sign this bill. Health Policy Omnibus Bill H.F. 1760 Representative Paul Thissen, Senator Tony Lourey The Health Policy bill makes changes to law relating to long -term care, suicide prevention, doula services and a study on purchasing long -term care insurance. Study of Local Government Employees Purchasing Long -Term Care insurance A study of allowing local government employees to purchase their own long -term care insurance shall be conducted under this provision. The study will be led by the Commissioner of Management and Budget, in conjunction with representatives of state government employees, local government employees, the League of Minnesota Cities, and the Association of Minnesota Counties. Findings and recommendations will be reported on or before February 15, 2010. 78.24 Sec. 108. STUDY OF ALLOWING LONG -TERM CARE INSURANCE TO BE 78.25 PURCHASED BY LOCAL GOVERNMENT EMPLOYEES. 78.26 The commissioner of management and budget, in conjunction with two 78.27 representatives of state govemment employees, with one each to be designated by the -18- 78.28 American Federation of State, County, and Municipal Employees and the Minnesota 78.29 Association of Professional Employees; one representative of local government employees 78.30 to be desi an�y the American 'Federation of State, County, and Municipal Employees; 78.3. �and'one representative each designated ted by the League of Minnesota Cities and the 78.32 Association of Minnesota Counties, shall study allowing local ocal government employees to 78.33 purchase long -term care insurance authorized under Minnesota Statutes, section 43A.318, 78.34 subdivision 2. On or before February 15, 2010, the commissioner shall report on their 78.35 findings and recommendations to the chairs of the house of representatives,Health Care 79..z and Human Services'Policy and Oversight Committee and the senate Health, Housing, 79.2 and Family Security Committee. -19- Omnibus Liquor Bill H.F. 1476 Representative Joe Atkins, Senator Linda Scheid This bill makes technical corrections and modifications to law pertaining to the use and sale of alcohol. The Governor signed this bill on May 20, 2009. Public Facility Clarification This provision modifies the definition of a public facility, and clarifies that a public facility may allow noncommercial alcohol use without licenses. i . zz Section 1. Minnesota Statutes 2008, section 340A.101, is amended by adding a 1.12 subdivision to read: 1.13 Subd. 31. Public facility. "Public facility" is a park, community center, or other .2-24 accommodation or facility owned or managed by or on behalf of a subdivision of the state, i . zs including any county, city, town, township, or independent district of the state. 2.3.1 Sec. 5. Minnesota Statutes 2008, section 340A.401, is amended to read: 2.32 340A.401 LICENSE REQUIRED. 2.33 Except as provided in this chapter, no person may directly or indirectly, on any 2.34 pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise 3. z dispose of alcoholic beverages as part of a commercial transaction without having 3.2 obtained the required license or permit. Rental of or permission to use a public facility is 3.3 not a commercial transaction for the purposes of this chapter. -20- Administrative Fines S.F. 492 Senator'Dan Skogen, Representative Brita Sailer A provision on the authorization of administrative fines was amended onto S.F. 492, titled regulating the. use and operation of mini trucks. It permits a local unit of government to pass a resolution that authorizes, administrative citations. A peace officer may issue an administrative . citation for failure to-'obey a;stop line, is exceeding the speed limit, or is operating vehicle in violation under certain sections of law. Peace officers in violation of this section will 'be banned from issuing administrative citations. 4.28 Sec. 6. 1169.9991 ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC 4.29 OFFENSES. 4.30 Subdivision 1. Authority. (a) Except for peace officers employed by the state 4.31 patrol, prior to a peace officer issuing an administrative citation under this section, the 4.32 governing body for the local unit of government that employs the peace officer must 4.33 pass a resolution that: 4.34 (1) authorizes issuance of administrative citations; 5.1 (2) obligates the local unit of- government to provide a neutral third party to hear and 5.2 rule on challenges to administrative citations; and 5.3 M bars peace officers from issuing administrative citations in violation of this 5.4 section. 5.5 (b) A peace officer may issue an administrative citation to a vehicle operator who: 5.6 (1) violates section 169.14, and the violation consists of a speed under ten miles per 5.7 hour in excess of the lawful speed limit; 5.8 (2) fails to obey a stpp line in violation of section 169.30; or 5.9 (3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69 e.10 to 169.75. 5.11 (c) The authority to issue an administrative citation is exclusively limited to those 5.12 offenses listed in this subdivision. 5.13 (d) A peace officer who issues an administrative citation for the infraction of 5.14 speeding under ten miles per hour over the speed limit must use the actual speed a 5.15 violator's vehicle was traveling at the time of the infraction and may not reduce the -21- 5.16 recorded speed for purposes of qualifying the offense for an administrative citation. An 5.17 administrative citation issued fog speeding must list the actual speed the vehicle was 5.18 traveling at the time of the infraction. 5.19 (e) A local unit of government shall notify the commissioner of public safety after it 5.20 passes a resolution described in paragraph (a). 5.21 Subd. 2. Officer's authority. The authority to issue an administrative citation ` 5.22 is reserved exclusively to licensed peace officers. An officer may not be required by 5.23 ordinance or otherwise to issue a citation under this section instead of a criminal citation. 5.24 Subd. 3. Uniform citation. There must be a uniform administrative citation issued 5.25 throughout the state by licensed peace officers for violations of this section. No other 5.26 citation is authorized for violations of this section. The commissioner of public safety 5.27 shall prescribe the detailed form of the uniform administrative citation and shall revise the 5.28 uniform administrative citation on such subsequent occasions as necessary and proper. 5.29 The uniform administrative citation must include notification that the person has the 5.3o right to contest the citation. 5.31 Subd. 4. Right to contest citation. (a) A peace officer who issues an administrative 5.32 citation must inform the vehicle operator that the person has the right to contest the citation. 5.33 (b) Except as provided in paragraph (c), the local unit of government that employs v 5.34 the peace officer who issues an administrative citation must provide a civil process for a 5.35 person to contest the administrative citation. The person must be allowed to challenge the 5.36 citation before a neutral third party. A local unit of government may employ a person to 6.1 hear and rule on challenges to administrative citations or contract with another local unit 6.2 of government or a private entity to provide the service. 6.3 (c) The state patrol may contract with local units of government or private entities 6.4 to collect administrative fines and to provide a neutral third party to hear and rule on 6.5 challenges to administrative citations. An administrative citation issued by a state patrol 6.6 trooper must clearly state how and where a violator can challenge the citation. 6.7 Subd. 5. Fines; disbursement. (aa) A person who commits an administrative 6.8 violation under subdivision 1 must pay a fine of $60. 6.9 (b) Except as provided in paragraph (c), two - thirds of a fine collected under this 6.10 section must be credited to the general revenue fund of the local unit of government 6.11 that employs the peace officer who issued the citation, and one -third must be transferred 6.12 to the commissioner of finance to be deposited in the state general fund. A local unit 6.13 of government receiving fine proceeds under this section must use at least one -half of -22- 6.14 the funds for law enforcement purposes. The funds must be used to supplement but not 6.15 supplant any existing law enforcement funding_ 6.16 (c) For fines collected under this section from administrative citations issued by 6.17 state patrol troopers, one -third must be credited to the general fund of the local unit of 6.18 government or entity that collects the fine and provides a hearing officer and two - thirds 6.19 must be transferred to the commissioner of finance to be deposited in the state general fund. 6.20 Subd. 6. Commercial drivers' licenses and commercial vehicles; exceptions. 6.21 An administrative citation may not be issued under this section to (1) the holder of 6.22 a commercial driver's license, or (2) the driver of a commercial vehicle in which the 6.23 administrative violation was committed. 6.24 Subd. 7. Driving records. A violation under this section may not be recorded by 6.25 the Department of Public Safety on the violator's driving record and does not constitute 6.26 grounds for revocation or suspension of the violator's driver's license. 6.27 Subd. 8. Administrative penalty reporting. (a) A county, statutory or home rule 6.28 city, or town that employs peace officers who issue administrative citations and that 6.29 collects administrative fines under this section must include that information and the 6.3o amount collected as separate categories in any financial report, summary, or audit. 6.31 (b) The state auditor shall annually report to the commissioner of public safety 6.32 information concerning administrative fines collected by local units of government under 6.33 section 169.999. Upon request, the commissioner of public safety shall report to the chairs 6.34 and ranking minority members of the senate and house of representatives committees 6.35 having jurisdiction over criminal justice policy and funding summarizing the reports the 6.36 commissioner received under this paragraph. 7.1 Subd. 9. Local preemption. The authority to issue an administrative citation is 7.2 exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary 7.3 charter provision or ordinance, no statutory or home rule charter city, county, or town may 7.4 impose administrative penalties to enforce any other provision of this chapter. -23- Omnibus Capital Investment Bill H.F. 855 Representative Alice Hausman, Senator Keith Langseth The Capital Investment bill (Bonding bill) was signed by the Governor on May 16, 2009 with multiple line -item vetos. Although bonding bills are traditionally assembled in the even - numbered year of the legislative biennium, it was agreed that a bonding bill was necessary this year to help kick -start the economy and put Minnesotans to work. Transit Capital Improvement ProLyram The bill allocates $21 million to be appropriated to the Transit Capital Improvement Program. Of those funds, $8.5 million will be used for the State's share of the Central Corridor light rail line costs. The remaining funds will be used to implement one or more of the projects listed in the bill (see Appendix). 0 Historic Site Preservation This language allocates $2.165 million for improvements at state historic sites. Of those funds, $100,000 may be allocated as a grant to Inver Grove Heights to renovate the west bank bridge and bridge approach to the Rock Island Bridge. 27.28 Historic Sites Asset Preservation 2,165,000 27.29 To the Minnesota Historical Society for 27.30 capital improvements and betterments at 27.31 state historic sites, buildings, landscaping 27.32 at historic buildings, exhibits, markers, 28.1 and monuments, to be spent in accordance 28.2 with Minnesota Statutes, section 1613.307. 28.3 Notwithstanding that section, up to $527,000 28.4 may be used to design projects eligible for 28.5 future fiinding and up to $100,000 may 28.6 be used for a grant to the city of Inver 28.7 Grove Heights to design and renovate the -24- 28.9 west bank bridge and bridge approach to 28.9 historic Mississippi River bridge JAR 5600, 28.10 commonly known as the Rock Island Bridge, 28.11 located between Inver Grove Heights and 28.12 St. Paul Park in Dakota and Washington 28.13 Counties. The design for utilizing the bridge 28.14 infrastructure along the west bank of the 28-15 MississipQ River must require connections 28.16 with any, local,`regional, or state trails, and 28.17 incorporate walking trails and fishing vier 28.18 concepts,,along.With any park development 28.19 in the area. 28.2o The society shall determine other project 28.21 priorities as appropriate based on need. -25- Omnibus Transportation Finance Bill H.F. 1309 Representative Bernard Lieder, Senator Steve Murphy The Omnibus Transportation Finance bill was signed into law on May 5, 2009. This legislation addresses issues such as transit funding, passenger rail funding and reports, Maintenance of Effort language, and land use and planning provisions. Provisions of interest for MLC cities include the following: Project Impacts on Businesses Language is included in H.F. 1309 that directs a transportation project authority to identify whether or not the project would have substantial impacts on surrounding businesses, such as road access, parking, or visibility (for a minimum of one month). 24.29 Sec. 2. 1160.1651 MITIGATION OF TRANSPORTATION CONSTRUCTION 24.30 IMPACTS ON BUSINESS. 24.31 Subdivision 1. Definitions. For the purposes of this section, the following terms 24.32 have the meanings given: 24.33 (1) "project" means construction work to maintain, construct, reconstruct, or 0 24.34 improve a street or highway; 25.1 (2) "substantial business impacts" means impairment of road access, parking, or 25.2 visibility for one or more business establishments as a result of a project, for a minimum 25.3 period of one month; and 25.4 (3) "transportation authority" means the commissioner, as to trunk highways; the 25.5 county board, as to county state -aid highways and county highways; the town board, as to 25.6 town roads; and statutory or home rule charter cities, as to city streets. 25.7 Subd. 2. Business liaison. (a) Before beginning construction work on a project, 25.e a transportation authority shall identify whether the project is anticipated to include 25.9 substantial business impacts. For such projects, the transportation authority shall designate 25.10 an individual to serve as business liaison between the transportation authority and affected 25.11 businesses. 25.12 (b) The business liaison shall consult with affected businesses before and 25.13 during construction to investigate means of mitigating project impacts to businesses. 25.14 The mitigation considered must include signage. The business liaison shall provide 25.15 information to the identified businesses before and during construction, concerning project -26- 25.16 duration and timetables, lane and road closures, detours, access impacts, customer parking 25.17 impacts, visibility, noise, dust, vibration, and public participation opportunities. Apple Valley Transit Station The.provision authorizes the Met Council to convey the Apple Valley Transit Station, and the property on which it is situated, to the'Minnesota Valley Transit Authority for consideration. 36.3 Sec. 26. CONVEYANCE OF LAND AND BUILDINGS. 36.9 Notwithstanding Minnesota: Statutes, section 16A.695, subdivision 3, or any other 36.5 law to the contrary, the Metropolitan Council shall convey the Apple Valley Transit 36.6 Station and the real property on which it is situated, located in Dakota County, to the 36.7 Minnesota Valley Transit Authority for nominal consideration, in order to carry out the 36.8 governmental program and public purpose for which the Apple Valley Transit Station was . 36.9 constructed. Any subsequent conveyance of this property by the Minnesota Valley Transit 36.10 Authority is subject to Minnesota Statutes, section 16A.695, subdivision 3. 36.11 EFFECTIVE DATE. This section is effective the day following final enactment. Passenaer Rail Revort This section requires the transportation commissioner to report to the chairs and ranking minority members of the House; and Senate Transportation Committees on the status of passenger rail' projects in the State. The report will include a summary of the current status of passenger rail projects, and make recommendations for future progress. This report is due by February 1, 2010. 35.12 Sec. 23. PASSENGER RAIL REPORT. 35.13 By Fe'brua'ry 1. 2010, the commissioner of transportation shall report to the chairs 35.14 and ranking minority members of the legislative committees with jurisdiction over 35.15 transportation policy and finance concerning the status of passenger rail in this state. 35.16 The report must be made electronically and made available in print only upon request. 35.17 The report must include a summary of the current status of passenger rail proiects and 35.18 recommend: 35.19 (1) publicparticipation process for intercity passenger rail planning; 35.20 (2) appropriate participation and levels of review by local units of government; -27- 35.21 (3) future sources of funding for or capital costs and operations; 35.22 (4) definitions to distinguish passenger rail from commuter rail; 35.23 (5) legislative changes to facilitate and improve the passenger rail planning processes 35.24 and operation; and 35.25 (6) state operating subsidy mechanisms designed to create local tax equity between 35.26 communities served by passenger rail and communities served by commuter rail. 35.27 EFFECTIVE DATE. This section is effective the day following final enactment. WIM • Allowing Adoption of Ordinances for Eradication of Buckthorn • Affordable. Housing Amendments Approved by Simple Majority • Alternatives for Publishing Notices • Metro counties and Met Council Merger Study • Modifying Employment Residency for Job - Related Purposes • ° Restructuring Met Council as Council of Governments • Requiring Public Hearing Before Adopting Interim Ordinance • Photo -Cop authorization • Repeal of levy limits • Local Government Performance Measures Developed • Commission on Mandate Reform • Expansion of PTR (circuit breaker) program • Address IPD issue on levy limits (create a minimum of 2 %) v • Extension of sales tax to city services (accounting/legal) • . Elimination of targeting program • Loss of itemized deduction for property tax paid and mortgage interest • Elimination of income tax exemption for bond interest on state /local bonds • Mandatory Paid Sick Leave. • Wage freeze for government employees • Establishing Board of Residential Construction • Establishing Street Improvement Districts • Minnetonka Municipal Street Improvement District • Property tax refund enhanced and market value homestead credit reduced. • State property tax system benchmarks • MVHC reimbursement for unallotment/aid cuts to fiscal disparity "losers" • Cap on property tax for homeowners ages 65 and older • Fiscal disparities study -29- • Expanding transit taxing district • Allowing Liquor Sales on Sundays • Prohibiting municipal -owned liquor stores • Extending civil immunity to municipalities that donate public safety equipment • City budget proposals classified as nonpublic data -30- Appendix -31 - H.F. 1298 69. s ARTICLE 3 69.9 TRUTH IN TAXATION 69.10 Section 1. Minnesota Statutes 2008, section 12313. 10, subdivision 1, is amended to read: 69.11 Subdivision 1. Budgets; form of notification. (a) Every board must publish revenue 69.12 and expenditure budgets for the current year and the actual revenues, expenditures, fund 69.13 balances for the prior year and projected fund balances for the current year in a form 69.19 prescribed by the commissioner within one week of the acceptance of the final audit by 69.15 the board, or November 30, whichever is earlier. The forms prescribed must be designed 69.16 so that year to year comparisons of revenue, expenditures and fund balances can be made. 69.17 (b) A school board annually must notify the public of its revenue, expenditures, fund 69. 2s balances, and other relevant budget information. The board must "'rlude the, hud ^et 69.19 ingqfmatien r-equifed by this swoet:,,,, in the materials provided as a .,.,.-t 04'its tmtl : 69.20 taxatie hearing, post the materials in a conspicuous place on the district's official Web 69.21 site, including a link to the district's school report card on the Department of Education's 69.22 Web site, and publish the information in a qualified newspaper of general circulation 69.23 in the district. 69.29 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 69.25 thereafter. 69.26 Sec. 2. Minnesota Statutes 2008, section 275.065, subdivision 1, is amended to read: 69.27 Subdivision 1. Proposed levy. (a) Notwithstanding any law or charter to the 69.28 contrary, on or before September 15, each taxing authority, other than a school district, 69.29 shall adopt a proposed budget and shall certify to the county auditor the proposed or, in 69.30 the case of a town, the final property tax levy for taxes payable in the following year. 70.1 (b) On or before September 30, each school district that has not mutually agreed 70.2 with its home county to extend this date shall certify to the county auditor the proposed 70.3 property tax levy for taxes payable in the following year. Each school district that has 70.4 agreed with its home county to delay the certification of its proposed property tax levy 70.5 must certify its proposed property tax levy for the following year no later than October 70.6 7. The school district shall certify the proposed levy as: 70.7 (1) a specific dollar amount by school district fund, broken down between 70.8 voter - approved and non - voter - approved levies and between referendum market value 70.9 and tax capacity levies; or 70.10 (2) the maximum levy limitation certified by the commissioner of education 70.11 according to section 126C.48, subdivision 1. 70.12 (c) If the board of estimate and taxation or any similar board that establishes 70.13 maximum tax levies for taxing jurisdictions within a first class city certifies the maximum 70.19 property tax levies for funds under its jurisdiction by charter to the county auditor by 70.15 September 15, the city shall be deemed to have certified its levies for those taxing 70.16 jurisdictions. 70.17 (d) For purposes of this section, "taxing authority" includes all home rule and 70.18 statutory cities, towns, counties, school districts, and special taxing districts as defined 70.19 in section 275.066. Intermediate school districts that levy a tax under chapter 124 or 70.20 1361), joint powers boards established under sections 123A.44 to 123A.446, and Common 70.21 School Districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing 70.22 districts for purposes of this section. -32- 70.23 (e) At the meeting at which the taxing authority, other than a town, adopts its 70.24 proposed tax levy under paragraph (a) or (b), the taxing authority shall announce the time 70.25 and place of its subsequent regularly scheduled meetings at which the budget and levy will 70.26 be discussed and at which the public will be allowed to speak. The time and place of those 70.27 meetings must be included in the proceedings or summary of proceedings published in the 70.28 official newspaper of the taxing authority under sections 12313.09, 375.12, or 412.191_ 70.29 Sec. 3. Minnesota Statutes 2008, section 275.065, subdivision 3, is amended to read: 70.30 Subd. 3. Notice of proposed property taxes. (a) The county auditor shall prepare 70.31 and the county treasurer shall deliver after November 10 and on or before November 24 70.32 each year, by first class mail to each taxpayer at the address listed on the county's current 70.33 year's assessment roll, a notice of proposed property taxes. Upon written request by 70.34 the taxpayer, the treasurer may send the notice in electronic form or by electronic mail 70.35 instead of on paper or by ordinary mail. 71.1 (b) The commissioner of revenue shall prescribe the form of the notice. 71.2 (c) The notice must inform taxpayers that it contains the amount of property taxes 71.3 each taxing authority proposes to collect for taxes payable the following year. In the case 71.4 of a town, or in the case of the state general tax, the final tax amount will be its proposed 71.5 tax. In the ease of taxing authorities orities r red to hold a ..ubli.. meeting under- subdiyisi ,. 6 71.6 the notiese must elear-1), state that eaeh taxing e 71.7 established 134.201, and ineluding the metr-epelitan taxing distr-iets as 71.8 , , 71.9 held ., ublie fne °ting to Feeeive ..ublie test:,,,eny an the p °.7 budget and proposed e 71.10 , , in ease of a seheel distriet, A-a the euff-en-s- budget and proposed 71.11 T epefty t^° 1°• The notice must clearly state for each city, county, school district, 71.12 regional library authority established under section 134.201, and metropolitan taxing 71.13 districts as defined in paragraph (i), the time and place of the taxing authorities' regularly 71.14 scheduled meetings in which the budget and levy will tfe discussed and the final budget 71.15 and levy determined, which must occur after November 24. The taxing authorities must 71.16 provide the county auditor with the information to be included in the notice on or before 71.17 the time it certifies its proposed levy under subdivision 1. The public must be allowed to 71.18 speak at the meetings and the meetings shall not be held before 6:00 p.m. It must slew} 71.19 �t..t° t1,0 t:...° .,,,,7 ..1.,,.° of eaeb taxing authority's ffieetifig, rp ovide a telephone number for 71.20 the taxing authority that taxpayers may call if they have questions related to the notice; 71.21 and an address where comments will be received by mail. 71.22 (d) The notice must state for each parcel: 71.23 (1) the market value of the property as determined under section 273.11, and used 71.24 for computing property taxes payable in the following year and for taxes payable in the 71.25 current year as each appears in the records of the county assessor on November 1 of the 71.26 current year; and, in the case of residential property, whether the property is classified as 71.27 homestead or nonhomestead. The notice must clearly inform taxpayers of the years to 71.28 which the market values apply and that the values are final values; 71.29 (2) the items listed below, shown separately by county, city or town, and state general 71.30 tax, net of the residential and agricultural homestead credit under section 273.1384, voter 71.31 approved school levy, other local school levy, and the sum of the special taxing districts, 71.32 and as a total of all taxing authorities: 71.33 (i) the actual tax for taxes payable in the current year; and 71.34 (ii) the proposed tax amount. 72.1 If the county levy under clause (2) includes an amount for a lake improvement 72.2 district as defined under sections 10313.501 to 10313.581, the amount attributable for that 72.3 purpose must be separately stated from the remaining county levy amount. -33- 72.4 In the case of a town or the state general tax, the final tax shall also be its proposed 72.5 tax unless the town changes its levy at a special town meeting under section 365.52. If a 72.6 school district has certified under section 126C.17, subdivision 9,.that a referendum will 72.7 be held in the school district at the November general election, the county auditor must 72.8 note next to the school district's proposed amount that a referendum is pending and that, if 72.9 approved by the voters, the tax amount may be higher than shown on the notice. In the 72.10 case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be 72.11 listed separately from the remaining amount of the city's levy. In the case of the city of 72.12 St. Paul, the levy for the St. Paul Library Agency must be listed separately from the 72. 1.3 remaining amount of the city's levy. In the case of Ramsey County, any amount levied 72.14 under section 134.07 may be listed separately from the remaining amount of the county's 72.15 levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax 72.16 under chapter 276A or 473F applies, the proposed tax levy on the captured value or the 72.17 proposed tax levy on the tax capacity subject to the areawide tax must each be stated 72.18 separately and not included in the sum of the special taxing districts; and 72.19 (3) the increase or decrease between the total taxes payable in the current year and 72.20 the total proposed taxes, expressed as a percentage. 72.21 For purposes of this section, the amount of the tax on homesteads qualifying under 72.22 the senior citizens' property tax deferral program under chapter 290B is the total amount 72.23 of property tax before subtraction of the deferred property tax amount. 72.24 (e) The notice must clearly state that the proposed or final taxes do not include 72.25 the following: 72.26 (1) special assessments; 72.27 (2) levies approved by the voters after the date the proposed taxes are certified, 72.28 including bond referenda and school district levy referenda; 72.29 (3) a levy limit increase approved by the voters by the first Tuesday after the first 72.3o Monday in November of the levy year as provided under section 275.73; 72.31 (4) amounts necessary to pay cleanup or other costs due to a natural disaster 72.32 occurring after the date the proposed taxes are certified; 72.33 (5) amounts necessary to pay tort judgments against the taxing authority that become 72.34 final after the date the proposed taxes are certified; and 72.35 (6) the contamination tax imposed on properties which received market value 72.36 reductions for contamination. 73.1 (f) Except as provided in subdivision 7, failure of the county auditor to prepare or 73.2 the county treasurer to deliver the notice as required in this section does not invalidate the 73.3 proposed or final tax levy or the taxes payable pursuant to the tax levy. 73.4 (g) If the notice the taxpayer receives under this section lists the property as 73.5 nonhomestead, and satisfactory documentation is provided to the county assessor by the 73.6 applicable deadline, and the property qualifies for the homestead classification in that 73.7 assessment year, the assessor shall reclassify the property to homestead for taxes payable 73.8 in the following year. 73.9 (h) In the case of class 4 residential property used as a residence for lease or rental 73.10 periods of 30 days or more, the taxpayer must either: 73.11 (1) mail or deliver a copy of the notice of proposed property taxes to each tenant, 73.12 renter, or lessee; or 73.13 (2) post a copy of the notice in a conspicuous place on the premises of the property. 73.14 The notice must be mailed or posted by the taxpayer by November 27 or within 73.15 three days of receipt of the notice, whichever is later. A taxpayer may notify the county 73.16 treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to 73.17 which the notice must be mailed in order to fulfill the requirements of this paragraph. 73.18 (i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special -34- 73.19 taxing districts" means the following taxing districts in the seven - county metropolitan area 73.20 that levy a property tax for any of the specified purposes listed below: 73.21 (1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 73.22 473.446, 473.521, 473.547, or 473.834; 73.23 (2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672; 73.24 and 73.25 (3) Metropolitan Mosquito Control Commission under section 473.711. 73.26 For purposes of this section, any levies made by the regional rail authorities in the 73.27 county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 73.28 398A shall be included with the appropriate county's levy and shall be diseussed at th84 73.29 ' 73.30 0) The governing body of a county, city, or school district may, with the consent 73.31 of the county board, include supplemental information with the statement of proposed 73.32 property taxes about the impact of state aid increases or decreases on property tax 73.33 increases or decreases and on the level of services provided in the affected jurisdiction. 73.34 This supplemental information may include information for the following year, the current 73.35 year, and for as many consecutive preceding years as deemed appropriate by the governing 73.36 body of the county, city, or school district. It may include only information regarding: 74.1 (1) the impact of inflation as measured by the implicit price deflator for state and 74.2 local government purchases; 74.3 (2) population growth and decline; 74.4 (3) state or federal government action; and 74.5 (4) other financial factors that affect the level of property taxation and local services 74.6 that the governing body of the county, city, or school district may deem appropriate to 74.7 include. 74.8 The information may be presented using tables, written narrative, and graphic 74.9 representations and may contain instruction toward further sources of information or 74.10 opportunity for comment. ° 74.11 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 74.12 thereafter. 74.13 Sec. 4. Minnesota Statutes 2008, section 275.065, subdivision 6, is amended to read: 74.14 Subd. 6. ; Adoption of budget and levy. (a) Fer- ^ of tw 74.15 seetion, the folio g t0 shall L.. 0 the 0 91 gllleffi 74.16 (1) "Initial l,o.,.-:ng" means the first and p 1,0,,,.ing held t.. diSeUSS the t.,.,:., . 74.17 y tax 10.,., f:,r taxes payable in thee 74.18 following for- ....1,..,,1 distfiets the . .,t budget and the p 0.7 p peft.. t0., 74.19 levy for- taxes Payable in the following yeaf 74.20 " " 74.21 the initial hearing is not eempleted on its seheduled date-. 74.22 (3) "Subs0., ent hearing" m s the 1,0.,, held to adopt the tamin', authority's fi.,. 1 74.23 pfapeAy t..., 10... and, in the . of t.,.,:.,g atithor-ities other- than ....1,..01 dirt Piet the final 74.24 budget, for- taxes payable in the f yean 0 74.25 (b) Between November- 29 and r10..0, ber- 20, the g g bodies Of a Gity that 1,..s ., 74.26 , raeunty, 74.27 3, , and Fegional library distriets shall eaeh hold an initial publie heaFi� 74.28 t , 7 :� ,,�� xm 7 s00L .,,,1.1: eemmen! on as final budget 7 property tax 10, ,. for- t . 0s 74.29 payable in the fello.,.ing 0 and the g 0 g bed), of the ..,,1.,.,.1 .7 :..tyiet sl,.,ll held . r� 74.30 initial ppublie hearing to r-eview its , 0.,t budget and proposed property tax 10..., f^.. taxes 74.31 payable in the following . 0 r The metEepal:ta .,1 taxing distr:„t....hall be, r r0.7 to 74.32 hold on!y a single joint initial publie hearing, the leeation of whieh will be detefmined b -35- 74.33 , eounty, 74.34 , , 74.35 13 4 70 1 wheel .l:st�;et is .,et required to hell .,,,hl;e he.,..:.,,. under- th:,...,,h,l:,,; ;e« e e 75.1 , as eeFtified 75.2 , has iner-eased ever its final p.mo,pe le in the 75.3 euFmit year- by a per-eentage that is e.,teF than the .,e „t.,..e : iH the : pl;e:t 75.4 75.5 and leeal govemments prepared by the Bureau of Eeenofnie Analysts ef the United States 75.6 . 75.7 !e\ The ;,,;t :.,l hearing must he hell .,fie.. 5: 00 P if seshe.l„led on ., ,1.,,, ether th 75.8 Saturday. Ale initial he.,,.:.,g . he hell C,,. 1 ,. 75.9 !a\ At the initial he.,.;,,., under- this S„h.l:,,; the .,e „tags : e e pe,.a. 75.10 taxes proposed h,. the taxing authority, :f any, and the s f', e:e p es for- ,,.h;eh „ .,e,+„ 75.11 75.12 herby shall hear- ee., me„ts r-e .,Frog ^ sed ; and explain the m s fe the 75.13 proposed iner-ease. The publie shall be allowed te speak and to ask "ea-stiefflas. At the publie 75.14 hearing, 75.15 of ;tom B h,. a e, and the .lis4ih „t :e„ of its spending ing h,, .,..ee .. Fn a e 75.16 !e\ Tf'the ;..;t ;.,l hearing is not a „leterl a its whorl „le.l date, the taxing .,,,thefit,. 75.17 MUSt e.,.,e,,. ee to aEl o ,,-.,me„t Af tho l,eaEi.,.. the date time «.1 ..1.,..o F the - 75.18 )e hold at least five business 75.19 days but ne faer-e than 14 business days after- the initial heafing. A eentinuation he 75.20 may not he hell later thmn Tleee.,.,he f N a ept as ide.l in paragraphs !f1 ., „.l g) 75.21 n e „t;nuat ;en he.,..:,,g must he held after- 5.00 p if she l„le l An ., .1.,,. other- than 75.22 e^t„rrl.,,. ATE) a nt ;,nags„ he.,..:,,...,, may he hell ., C,,ndil,. en 75.23 !fl The g g he.l.. of a „t„ shall hold- its ;.,:t;el he.,.;.,., e., the fiFst Th,,....,1.,,, 75.24 , and may held additienal initial hearings on other- dates b 75.25 75.26 PAntimlAti An of its hearing, the eentinuation heafing shall be held E)a the thifd Tuesday 75.27 iHn Tlee „,her if hF_- Tuesday in Deee. bar- falls on Deee.,,l er 21 the .aunty's 75.28 eepAinuation hearing shall be hold an Monday, Deeember M 75.29 (g) The metr-opelitan speeial taxing distriets; hold- a joint initial publie heaFifig 75.30 on the first \7Uo,1..esday of Deee.. bar A ,.e t;„ ,.,tion hearing, i f ne .ess,,.. e .,.11 be held 75.31 the end We&esday of Deeember- a „e., if that s end Wednesday is after- De..embe,- 10. 75.32 75.33 hearing dates for- all seheel distriests and eities within the eaeunty to pr-e-vent eve-Ififflifiets undef: 75.34 elaa"m"es (i) and-6), 75.35 , 75.36 76.2 library distriest is leeated the dates on whieh it eleets te held- its; iffi.itiffil hearing and any 76.2 eentinuation hear-ifig. if a seheem b- A-r- regional library distriet does not eer-tify these 76.3 dates by August 10, the .,,,.liter. will gn the initial and ee„t:nuat ;e„ hearing g dates. The 76.4 dates elected or- assigned must not eanfliet with the initial and een4ii-aulation heming dates 76.5 . 76.6 6) By August 20, the a .,t,. auditor shall notify the eler6s eft]-he + ..;ties ;ties withi the 76.7 76.8 hold- thei-r- imitial -and- ee-flAinuation hearings. At t-he tiffie -A city eer-tifies its pr-eposed levy 76.9 undef subdivision 1 it shall eeFtif�, the dates on whieh it A-leas-t-s to hold- its iffi-itial hea-Fing and 76.10 any sontinuation hearing. Until September- 15, the first and s r„ en Me1.,,.s of peeer,.,he� 76.II e e ,e.l for- the use of the e;t ;ems if a e ;ty flees .,et ee w:f y ;t., hearing dates b5 76.12 , the auditer- shall assign thea, initial eentinuatien heaFing dates. The dates -36- 76.13 eleeted OF assigned fOF thO initial hearing must not eonfliet v.4-th the initial heaFing 76.14 of the GOHfit)', .,,etre.,el:ta„ speeial taming ,listr ots,' � � e eh.,al l:hrar,..l:Str:et aoel 76.15 '1;"t,- as .,,:rh:r ,..h;oh the e;ty is leeare.l Te the extent n sible the .late., of the e:ty!s 76.16 eentin ,at:e„ hear:,,.. she„ 1.1 net ee „fl :et ,..:th tho ee„t;,,,,at;e„ hear:.,,, ,later of the a ,.,t,. 76.17 , , 76.18 . 76.19 (k) Thee nt y initial heaFing Elate and the e:t,. e p ., metreel;ta s :al taxing distr:er e 76.20 a „al library distr;et and- Seheel .l:Str;et initial hea,-;....dates must he designated e 76.21 the „er:een R_RqUifed , Rder S„h.l:,.;S:er. Z Tho a .,t:.,,,at:o., hearing dates need not he 76.22 Statt -R 7- ^�*l-P-, - irocices 76.23 , eaeh eaunty, , , 76.24 and metrepel:tan speeial taxing distr et m end its p ed p peAy tax le.... 76.25 and must adopt a final .. r.ertI ra„ le, ., Raeh a „t,. eity 500 population, e ever- 76.26 metropolitan speeial taKing distr-iet may alse afnead its proposed budget and Faust adopt a 76.27 final budget at the subse.,,,ent hearing The final p perty ta.. le,a... st he adepte.l ., 76.28 to adopting the final budget. A seheel distr-iet is not r-equifed to adept its final budget at th 76.29 subsequent hearing. The subsequent hear-ing of a taKing auther-ity must be held en a date 76.30 subsequent to the .late of the taxing a„4he f:ity's initial publ;e hear;.... if a e ntin ,ar:o. 76.31 , the subsequent hearing must be held Oithff iHIffleEIiat@I)'fO!IeWifIg 76.32 heafing or- on a date subsequent to the eentinul-ati-e-n- he-Wing. The subsequent 76.33 heafing may he hell at a e„larl,, sehe,l„led hear.l a eouneil ..,eeting a at a e al 76.34 meeting seheduled fer- the pufpeses of the subsequent hear-ing. The subsequent he 76.35 of a taKing „ther;ty glees not have to he a er,l:.,ate.l by the a „t,. auditor re P a ent a 76.36 eenfliet with an initial hearing, a eei#inuatien heaFing, or- a subsequent hear-ing of any 77.1 OtheF taKing author-ity. All subsequefA hearings must be held pFief te five weAing days 77.2 after - 20 of the lecyyean The `late time and plaee of the subsequent hear;. a 77.3 must be amouneed at the initial publie hearing ef: at the eentinuatien heafing. 77.4 (Fr)_ Ua The property tax levy certified under section 275.07 by a city of any 77.5 population, county, metropolitan special taxing district, regional library district, or school 77.6 district must not exceed the proposed levy determined under subdivision 1, except by an 77.7 amount up to the sum of the following amounts: 77.8 (1) the amount of a school district levy whose voters approved a referendum to 77.9 increase taxes under section 123B.63, subdivision 3, or 126C.17, subdivision 9, after 77.10 the proposed levy was certified; 77.11 (2) the amount of a city or county levy approved by the voters after the proposed 77.12 levy was certified; 77.13 (3) the amount of a levy to pay principal and interest on bonds approved by the 77.14 voters under section 475.58 after the proposed levy was certified; 77.15 (4) the amount of a levy to pay costs due to a natural disaster occurring after the 77.16 proposed levy was certified, if that amount is approved by the commissioner of revenue 77.17 under subdivision 6a; 77.18 (5) the amount of a levy to pay tort judgments against a taxing authority that become 77.19 final after the proposed levy was certified, if the amount is approved by the commissioner 77.20 of revenue under subdivision 6a; 77.21 (6) the amount of an increase in levy limits certified to the taxing authority by the 77.22 commissioner of education or the commissioner of revenue after the proposed levy was 77.23 certified; u+d 77.24 (7) the amount required under section 126C.55-.I- 77.25 (8) the levy to pay emergency debt certificates under section 475.755 authorized and 77.26 issued after the proposed levy was certified; and 77.27 (9) the amount of unallotment under section 16A.152 that was recertified under -37- 77.28 section 275.07, subdivision 6. 77.29 (-n)_Ub This subdivision does not apply to towns and special taxing districts other 77.30 than regional library districts and metropolitan special taxing districts. 77.31 (-}Lc) Notwithstanding the requirements of this section, the employer is required to 77.32 meet and negotiate over employee compensation as provided for in chapter 179A. 77.33 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 77.34 thereafter. 77.35 Sec. 5. Minnesota Statutes 2008, section 375.194, subdivision 5, is amended to read: 78.1 Subd. 5. Determination of county tax rate. The eligible county's proposed and 78.2 final tax rates shall be determined by dividing the certified levy by the total taxable net tax 78.3 capacity, without regard to any abatements granted under this section. The eeupAy b 78.4 shall make available the estim-atead- -am-eun* A--f the ah-ate-ment at the publie hearing unde 78.5 seetion 275.065, subdivision-6, 78.6 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 78.7 thereafter. 78.8 Sec. 6. Minnesota Statutes 2008, section 383A.75, subdivision 3, is amended to read: 78.9 Subd. 3. Duties. The committee is authorized to and shall meet from time to time 78.10 to make appropriate recommendations for the efficient and effective use of property tax 78.11 dollars raised by the jurisdictions for programs, buildings, and operations. In addition, 78.12 the committee shall: 78.13 (1) identify trends and factors likely to be driving budget outcomes over the next 78.14 five years with recommendations for how the jurisdictions should manage those trends 78.15 and factors to increase efficiency and effectiveness; 78.16 (2) agree, by October 1 of each year, on the appropriate level of overall property tax 78.17 levy for the three jurisdictions and publicly report such to the governing bodies of each 78.18 jurisdiction for ratification or modification by resolution; and 78.19 (3) , subdivision 78.20 9 ; 3ifd 78.21 (4) identify, by December 31 of each year, areas of the budget to be targeted in the 78.22 coming year for joint review to improve services or achieve efficiencies. 78.23 In carrying out its duties, the committee shall consult with public employees of 78.24 each jurisdiction and with other stakeholders of the city, county, and school district, as 78.25 appropriate. 78.26 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 78.27 thereafter. 78.28 Sec. 7. Minnesota Statutes 2008, section 446A.086, subdivision 8, is amended to read: 78.29 Subd. 8. Tax levy for repayment. (a) With the approval of the authority, a 78.30 governmental unit may levy in the year the state makes a payment under this section an 78.31 amount up to the amount necessary to provide funds for the repayment of the amount paid 78.32 by the state plus interest through the date of estimated repayment by the governmental 78.33 unit. The proceeds of this levy may be used only for this purpose unless they exceed the 79.1 amount actually due. Any excess must be used to repay other state payments made under 79.2 this section or must be deposited in the debt redemption fund of the governmental unit. 79.3 The amount of aids to be reduced to repay the state are decreased by the amount levied. 79.4 (b) If the state is not repaid in full for a payment made under this section by 79.5 November 30 of the calendar year following the year in which the state makes the 79.6 payment, the authority shall require the governmental unit to certify a property tax levy in 79.7 an amount up to the amount necessary to provide funds for repayment of the amount paid OEM 79.8 by the state plus interest through the date of estimated repayment by the governmental unit. 79.9 To prevent undue hardship, the authority may allow the governmental unit to certify the 79.10 levy over a five -year period. The proceeds of the levy may be used only for this purpose 79.11 unless they are in excess of the amount actually due, in which case the excess must be used 79.12 to repay other state payments made under this section or must be deposited in the debt 79.13 redemption fund of the governmental unit. If the authority orders the governmental unit to 79.14 levy, the amount of aids reduced to repay the state are decreased by the amount levied. 79.15 (e) A 1°.,., under- tl is subdivision is an iner-ease in the 1°.,-f lifaits of the g ° nt. l for „f ^ °..t:en 77c 06c subdivision � ..,1 F . ^t be ° plai , °,1 as °..:f:,. 79.16 ,^ ,^ 79.17 At the. meeting ° tl..,t .. 79.18 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 79.19 thereafter. 79.20 Sec. 8. Minnesota Statutes 2008, section 465.719, subdivision 9, is amended to read: 79.21 Subd. 9. Application of other laws. A corporation created by a political subdivision 79.22 under this section must comply with every law that applies to the political subdivision, 79.23 as if the corporation is a part of the political subdivision, unless the resolution ratifying 79.24 creation of the corporation specifically exempts the corporation from part or all of a law. 79.25 If the resolution exempts the corporation from part or all of a law, the resolution must 79.26 make a detailed and specific finding as to why the corporation cannot fulfill its purpose if 79.27 the corporation is subject to that law. A corporation may not be exempted from chapter 79.28 13D, the Minnesota Open Meeting Law, sections 138.163 to 138.25, governing records 79.29 management, or chapter 13, the Minnesota Government Data Practices Act. Any affected 79.30 or interested person may bring an action in district court to void the resolution on the 79.31 grounds that the findings are not sufficiently detailed and specific, or that the corporation 79.32 can fulfill its purpose if it is subject to the law from which the resolution exempts the 79.33 corporation. Laws that apply to a political subdivision that also apply to a corporation 79.34 created by a political subdivision under this subdivision include, but are not limited to: 79.35 (1) chapter 13D, the Minnesota Open Meeting Law; 80.1 (2) chapter 13, the Minnesota Government Data Practices Act; 80.2 (3) section 471.345, the Uniform Municipal Contracting Law; 80.3 (4) sections 43A.17, limiting the compensation of employees based on the governor's 80.4 salary; 471.991 to 471.999, providing for equitable pay; and 465.72 and 465.722, 80.5 governing severance pay; 80.6 (5) seetien 275.063, prev-iding e in taxatien hearings. if ^, y ^f 80.7 ' 8o . 8 80.9 so.10 (6) if the corporation issues debt, its debt is included in the political subdivision's 80.11 debt limit if it would be included if issued by the political subdivision, and issuance of the 80.12 debt is subject to the election and other requirements of chapter 475 and section 471.69; 80.13 (-7)L6) section 471.895, prohibiting acceptance of gifts from interested parties, and 80.14 sections 471.87 to 471.89, relating to interests in contracts; 80.15 (8)L7) chapter 466, relating to municipal tort liability; 80.16 (9)L8) chapter 1 18A, requiring deposit insurance or bond or pledged collateral for 80.17 deposits; 80.18 (1.0)19) chapter I I8A, restricting investments; 80. 19 " 10 section 471.346, requiring ownership of vehicles to be identified; 80.20 (12-) 11 sections 471.38 to 471.4 1, requiring claims to be in writing, itemized, and 80.21 approved by the governing board before payment can be made; and 80.22 "_CU2 the corporation cannot make advances of pay, make or guarantee loans to -39- 80.23 employees, or provide in -kind benefits unless authorized bylaw. 80.24 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 80.25 thereafter. 80.26 Sec. 9. Minnesota Statutes 2008, section 473.13, subdivision 1, is amended to read: 80.27 Subdivision 1. Budget. (a) On or before December 20 of each year, the council; 80.28 after the publi^ hearing feq iFed in seetion 275.065, shall adopt a final budget covering its 80.2.9 anticipated receipts and disbursements for the ensuing year and shall decide upon the total 80.3o amount necessary to be raised from ad valorem tax levies to meet its budget. The budget 80.3.1 shall state in detail the expenditures for each program to be undertaken, including the 80.32 expenses for salaries, consultant services, overhead, travel, printing, and other items. The 80.33 budget shall state in detail the capital expenditures of the council for the budget year, based 80.34 on a five -year capital program adopted by the council and transmitted to the legislature. 80.35 After adoption of the budget and no later than five working days after December 20, the 8 .1..1 council shall certify to the auditor of each metropolitan county the share of the tax to be 81.2 levied within that county, which must be an amount bearing the same proportion to the 8 .1. 3 total levy agreed on by the council as the net tax capacity of the county bears to the net tax 82.4 capacity of the metropolitan area. The maximum amount of any levy made for the purpose 81.5 of this chapter may not exceed the limits set by the statute authorizing the levy. 81.6 (b) Each even - numbered year the council shall prepare for its transit programs a 81.7 financial plan for the succeeding three calendar years, in half -year segments. The financial 81.8 plan must contain schedules of user charges and any changes in user charges planned or 8.1..9 anticipated by the council during the period of the plan. The financial plan must contain a 81.10 proposed request for state financial assistance for the succeeding biennium. 91.11 (c) In addition, the budget must show for each year: 81.12 (1) the estimated operating revenues from all sources including funds on hand at the 81.13 beginning of the year, and estimated expenditures for costs of operation, administration, 81.14 maintenance, and debt service; 8 .1. is (2) capital improvement funds estimated to be on hand at the beginning of the year 81.16 and estimated to be received during the year from all sources and estimated cost of capital 8 1.17 improvements to be paid out or expended during the year, all in such detail and form as al. le the council may prescribe; and 81.19 (3) the estimated source and use of pass - through funds. 8.1.2o EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 81.21 thereafter. 81.22 Sec. 10. REPEALER. 81.23 Minnesota Statutes 2008, section 275.065, subdivisions 5a, 6b, 6c, 8, 9, and 10, are 81.24 repealed. 81.25 EFFECTIVE DATE. This section is effective for taxes payable in 2010 and 81.26 thereafter. -40- H.F. 1298 TIF Projects 107.11 Sec. 11. Laws 2008, chapter 366, article 5, section 34, is amended to read: 107.12 Sec. 34. CITY OF OAKDALE; ORIGINAL TAX CAPACITY. 107.13 (a) The provisions of this section apply to redevelopment tax increment financing 107.14 districts created by the Housing and Redevelopment Authority in and for the city of 107.15 Oakdale in the areas comprised of the parcels with the following parcel identification 107.16 numbers: (1) 3102921320053; 3102921320054; 3102921320055; 3102921320056; 107.17 3102921320057;3102921320058; 310292132 0062 ;3102921320063;3102921320059; 107.1s 3102921320060; and 3102921320061; and (2) 3102921330005., and 3102921330004; and 107.19 (2) 2902921330001 and 2902921330005. 107.20 (b) For a district subject to this section, the Housing and Redevelopment Authority 107.21 may, when requesting certification of the original tax capacity of the district under 107.22 Minnesota Statutes, section 469.177, elect to have the original tax capacity of the district 107.23 be certified as the tax capacity of the land. 107.24 (c) The authority to request certification of a district under this section expires on 107.25 July 1, 2013. 107.26 EFFECTIVE DATE. This section is effective upon approval by the governin g 107.27 body of the city of Oakdale and compliance with Minnesota Statutes, section 645.021, 107.28 subdivision 3 . 107.29 Sec. 12. CHISAGO CITY AND LINDSTROM JOINT VENTURE. 107.30 Any two or more of the cities of Chisago City and Lindstrom, their economic 107.31 development authorities, housing and redevelopment authorities, and the county of 107.32 Chisago may enter into a joint powers agreement to acquire and develop or redevelop 107.33 a business park in either city. Any party to the agreement may spend money or issue ma.1 debt for all or a part of the project, regardless of whether the project is located within its 108.2 corporate boundaries. Issuance of debt under this section is subject to Minnesota Statutes, 108.3 chapter 475, except that an election is not required. The agreement may provide for the 108.4 parties to share revenues from the project. Any party to the agreement may lees taxes 1os.5 or spend its funds, as otherwise permitted by law, to pay for the project, including debt 108.6 issued to finance the project. 108.7 If the project is included in a tax increment financing district, each city and a„thority los. s that is a party to the agreement may treat the tax increment financing district as being 1o8.9 located within its corporate boundaries for purposes of the authority under the tax 108.10 increment financing act, Minnesota Statutes, sections 469.174 to 469.1799, to spend 1os.11 increments or issue bonds for the project. 108.12 EFFECTIVE DATE. This section is effective the day following final enactment. 108.13 Sec. 13. CITY OF SAUK RAPIDS; TIF. 108.14 Any parcel in the city of Sauk Rapids located within Blocks 26, 27, 59, 61, and 62, 108.15 original town of Sauk Rapids Plat, is deemed to meet the requirements of Minnesota 108.16 Statutes, section 469.174, subdivision 10, paragraph (d), clause (1), if the following 108.17 conditions are met: 1o8.18 (1) a building on the parcel was demolished in compliance with Minnesota Statutes, 1os.19 section 469.174, subdivision 10, paragraph (d), clause (2), after the authority adopted a 108.20 resolution pursuant to Minnesota Statutes, section 469.174, subdivision 10, paragraph 108.21 (d), clause (3); and 108.22 (2) the request for certification of the parcel as part of a district is filed with the -41- 108.23 county auditor by December 31, 2012. 108.24 EFFECTIVE DATE.This section is effective upon compliance by the governing 108.25 body of the city of Sauk Rapids with the requirements of Minnesota Statutes, section 108.26 645.021, subdivision 3. 109.27 Sec. 14. HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF 108.28 SOUTH ST. PAUL; TAX INCREMENT FINANCING DISTRICT. 109.29 Subdivision 1. Authorization. Notwithstanding the provisions of any other law, 109.30 the Housing and Redevelopment Authority of the city of South St. Paul may establish a 108.31 redevelopment tax increment financing district comprised of the properties included in the 109.32 existing Concord Street tax increment district in the city that are exempt under Minnesota 109.33 Statutes, section 469.179, subdivision 1, and were not decertified before July 1, 2009. The 109.1 district created under this section may be certified after August 1, 2009, and terminates no 109.2 later than December 31, 2024. The Housing and Redevelopment Authority of the city of 109.3 South St. Paul may create the district under this section only if it enters into an agreement 109. 4 with Dakota County to pay the county annually out of the increment from this district an 109.5 amount equal to the tax that would have been payable to the county on the captured tax 109.6 capacity of the district had the district not been created. 109.7 Subd. 2. Special rules. The requirements for qualifying a redevelopment district 1o9. s under Minnesota Statutes, section 469.174, subdivision 10, do not apply to parcels located 109.9 within the district. Minnesota Statutes, section 469.176, subdivisions 4j and 41, do not 109.10 apply to the district. The original tax capacity of the district is $354,945. 1o9. i1 Subd. 3. Authorized expenditures. Tax increment from the district may be 109.12 expended to pay for any eligible activities authorized by Minnesota Statutes, chapter 109.13 469, within the redevelopment area that includes the district. All such expenditures are 109.14 deemed to be activities within the district under Minnesota Statutes, section 469.1763, 109.15 subdivisions 2, 3, and 4. 109.16 Subd. 4. Adiusted net tax capacity. The captured tax capacity of the district must 109.17 be included in the adjusted net tax capacity of the city, county, and school district for the 109.18 purposes of determining local government aid, education aid, and county program aid. 109. 19 The county auditor shall report to the commissioner of revenue the amount of the captured 109.20 tax capacity for the district at the time the assessment abstracts are filed. 109.21 EFFECTIVE DATE. This section is effective upon compliance with Minnesota 109.22 Statutes, section 645.021, subdivision 3, by the governing body of the city of South St. 109.23 Paul. 109.24 Sec. 15. CITY OF MINNETONKA; TAX INCREMENT FINANCING 109.25 DISTRICT EXTENSION. 109.26 Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision 109.27 lb, paragraph (a), clause (1), the governing bodies of the city of Minnetonka and its 109.29 economic development authority may elect to extend the maximum duration of all or 109.29 a portion the Glenhaven Tax Increment Financing District by up to seven years. The 109.30 city may make the election under this section only if it finds by resolution that when it 109.31 approved the original tax increment financing plan for the Glenhaven Tax Increment 109.32 Financing District the area of the district qualified to be certified as a redevelopment 109.33 district under Minnesota Statutes, section 469.174, subdivision 10, or that the portion of 109.34 the district it is electing to extend so qualified. The city must document this finding in 110.1 manner provided under Minnesota Statutes, section 469.175, subdivision 3, paragraph (b), 110.2 clause (1), for a redevelopment district. 110.3 EFFECTIVE DATE. This section is effective upon compliance with Minnesota 110.4 Statutes, sections 469.1782, subdivision 2, and 645.021, subdivision 3. -42- 110.5 Sec. 16. CITY OF ARDEN HILLS; SPECIAL TAX INCREMENT FINANCING 110.6 AUTHORITY. .1.10.7 Subdivision 1. Establishment. The city of Arden Hills may establish within the 120. s corporate boundaries of the city a redevelopment tax increment financing district subject IZO.9 to the special rules under subdivision 2. The district must be located within the area 120. m described in the TCAAP Boundary Survey dated December 12, 2007, by W. Brown Land ZZo. 21 Surveying, Inc. 110.12 Subd. 2. Special rules. (a) If the city elects to adopt the tax increment financing 110.13 plan in subdivision 1 for the district, the following rules apply to the district: 110.19 (1) the district is deemed to meet all the requirements of Minnesota Statutes, section 110.15 469.174, subdivision 10; 110. 16 (2) the five -year rule under Minnesota Statutes, section 469.1763, subdivision 3, is 210.17 extended to a ten -year period; and 11o. 1s (3) the duration limit under Minnesota Statutes, section 469.176, subdivision lb, 110. 19 paragraph (a), clause (4), is extended to 30 years after receipt of the first increment. .1.0.20 (b) 1`?otwithstanding Minnesota Statutes, section 469.175, subdivision 1, paragraph 110.21 (b), the city may designate the first year in which it elects to receive an increment, up to six 110.22 years following the year of approval of the district. The city must make the designation 110.23 by written notice to the county auditor delivered by June 30 of the year prior to the 110.24 designated year of first receipt. 110.25 Subd. 3. Expiration. The authority to approve a tax increment financing plan to 110.26 establish a tax increment financing district under this section expires December 31, 2019. 110.27 EFFECTIVE DATE. This section is effective upon approval by the governing body 110.28 of the city of Arden Hills and upon compliance by the city with Minnesota Statutes, 210.29 sections 469.1782. subdivision 2. and 645.021. subdivision 3. 110.30 Sec. 17. SEAWAY PORT AUTHORITY OF DULUTH; TAX INCREMENT 110.31 FINANCING DISTRICT; SPECIAL RULES. 210.32 (a) If the Seaway Port Authority of Duluth adopts a tax increment financing plan and 110.33 the governing body of the city of Duluth approves the plan for the tax increment financing 111.1 district consisting of one or more parcels identified as: 010 - 2730 - 00010; 010 - 2730 - 00020; 111.2 010- 2730 - 00040; 010 - 2730 - 00050; 010- 2730 - 00070;010- 2730 - 00080;010- 2730 - 00090; 111.3 010 - 2730 - 00100; 010 - 2730 - 00160;010- 2730 - 00180;010- 2730 - 00200;010- 2730 - 01250; 212.9 010 -2730- 01340;010 - 2730 - 01350 ;010 -2730- 01490;010- 2730 - 01500 ;010- 2730- 01510; II1.5 010 - 2730 - 01520; 010 - 2730 - 01530; 010 - 2730 - 01540;010- 2730 - 01550;010- 2730 - 01560; 111.6 010- 2730 - 01570; 010 - 2730 - 01580; 010 - 2730 - 01590;010- 2730 - 1300;010- 2746 -1330; 111. 010- 2746 -1440; 010 - 2746 -1380; 010- 3300 -4560; 010- 3300 -4565; 010- 3300 - 04570; 111. s 010- 3300 - 04580; 010 - 3300 - 04640; 010- 3300 - 04645; and 010 - 3300 - 04650, the five -year 111.9 rule under Minnesota Statutes, section 469.1763, subdivision 3, that activities must be III. so undertaken within a five -year period from the date of certification of the tax increment 122.11 financing district, must be considered to be met if the activities are undertaken within five 111.12 years after the date all qualifying parcels are delisted from the Federal Superf ind list. 111.13 (b) The requirements of Minnesota Statutes, section 469.1763, subdivision 4, 211.19 beginning in the sixth year following certification of the district requirement, will begin 111.15 in the sixth year following the date all qualifying parcels are delisted from the Federal 112.16 Superfund list. 221.17 (c) The action required under Minnesota Statutes, section 469.176 subdivision 6, 112.28 are satisfied if the action is commenced within four years after the date all qualifying 221.29 parcels are delisted from the Federal Superfund list and evidence of the action required is 111.20 submitted to the county auditor by February 1 of the fifth year following the year in which -43- 111.21 all qualifying parcels are delisted from the Federal Superfund list. 111.22 (d) For purposes of this section, "qualifying parcels" means United States Steel 111.23 parcels listed in paragraph (a) and shown by the Minnesota Pollution Control Agency as 111.24 part of the USS Site (USEPA OU 02) that are included in the tax increment financing 111.25 district. 111.26 (e) In addition to the reporting requirements of Minnesota Statutes, section 469.175, 111.27 subdivision 5, the Seaway Port Authority of Duluth shall report the status of all parcels 111.28 listed in paragraph (a) and shown as part of the USS Site (USEPA OU 02). The status 111.29 report must show the parcel numbers, the listed or delisted status, and if delisted, the 111.30 delisting date. 111.31 EFFECTIVE DATE. This section is effective upon approval by the governing 111.32 body of the city of Duluth and compliance with Minnesota Statutes, section 645.021, 1.21.33 subdivision 3. 111.39 Sec. 18. CITY OF MANKATO; TAX INCREMENT FINANCING DISTRICT; 111.35 PROJECT REOUIREMENTS. 112.1 Subdivision 1. Expenditures outside district. Notwithstanding Minnesota Statutes, 112.2 section 469.1763, subdivision 2, or any other law to the contrary, the city of Mankato may 112.3 expend increments generated from its South Riverfront tax increment financing district for 112.4 construction of street and roadway improvements under the Sibley Parkway Plan, provided 112.5 the improvements are located within 500 feet or less of the boundaries of the district. 112.6 Subd. 2. Five -year rule. The five -year rule under Minnesota Statutes, section 112.7 469.1763, subdivision 3, is extended to an 11 -year period for the South Riverfront tax 112. s increment financing district. 112.9 EFFECTIVE DATE. This section is effective upon approval by the governing 112. to body of the city of Mankato and upon compliance by the city with Minnesota Statutes, 112.11 section 645.021, subdivision 3. 112.12 Sec. 19. CITY OF ST. LOUIS PARK; EXTENSION OF TAX INCREMENT 112.13 DISTRICT DURATION. 112.14 Notwithstanding Minnesota Statutes, section 469.176, subdivision lb, the duration 112.15 of the Elmwood Village Tax Increment Financing District is extended to 22 years after 112.16 receipt by the St. Louis Park Economic Development Authority of the first increment 112.17 from the district. 112.18 EFFECTIVE DATE. This section is effective upon compliance by the governing 112.19 body of the city of St. Louis Park with the requirements of Minnesota Statutes, sections 112.2o 469.1782, subdivision 2, and 645.021, subdivision 3. -44- S.F. 191 133.lARTICLE 10 133.2VOLUNTEER FIRE RELIEF ASSOCIATION CHANGES 133.3 Section 1. Minnesota Statutes 2008, section 69.031, subdivision 5, is amended to read: 133.4 Subd. 5. Deposit of state aid. (a) The municipal treasurer shall, within 30 days 133. rafter receipt, transmit the fire state aid to the treasurer of the duly incorporated firefighters' 133.6relief association if there is one organized and the association has filed a financial report 133. 7with the municipality. If the relief association has not filed a financial report with the 133. smunicipality, the municipal treasurer shall delay transmission of the fire state aid to the 133.9relief association until the complete financial report is filed. If there is no relief association 133. morganized, or if the association has dissolved, or has been removed as trustees of state aid, .233.11then the treasurer of the municipality shall deposit the money in the municipal treasury 133.12"° ^ evidea for- in section 424A.08 and the money may be disbursed only for the purposes 133.13and in the manner set forth in that section 424A.08 or for the payment of the employer 133.14contribution requirement with respect to firefighters covered by the public employees 133.15police and fire retirement plan under section 353.65, subdivision 3. 133.16(b) The municipal treasurer, upon receipt of the police state aid, shall disburse the 133.1 police state aid in the following manner: 133.1s(1) For a municipality in which a local police relief association exists and all peace 133.19officers are members of the association, the total state aid must be transmitted to the 133.2otreasurer of the relief association within 30 days of the date of receipt, and the treasurer 133.210f the relief association shall immediately deposit the total state aid in the special fund 133.220f the relief association; 133.23(2) For a municipality in which police retirement coverage is provided by the public 133.24employees police and fire fund and all peace officers are members of the fund, including 133.25municipalities covered by section 353.665, the total state aid must be applied toward the 133.26municipality's employer contribution to the public employees police and fire fund under 133.27sections 353.65, subdivision 3, and 353.665, subdivision 8, paragraph (b), if applicable; or 133.2s(3) For a municipality other than a city of the first class with a population of more 133.29than 300,000 in which both a police relief association exists and police retirement 133.3ocoverage is provided in part by the public employees police and fire fund, the municipality 133.31may elect at its option to transmit the total state aid to the treasurer of the relief association 133.32as provided in clause (1), to use the total state aid to apply toward the municipality's 133.33employer contribution to the public employees police and fire fund subject to all the 133.34provisions set forth in clause (2), or to allot the total state aid proportionately to be 133.35transmitted to the police relief association as provided in this subdivision and to apply -45- 134.ltoward the municipality's employer contribution to the public employees police and fire 134.2fund subject to the provisions of clause (2) on the basis of the respective number of active 134.3full -time peace officers, as defined in section 69.011, subdivision 1, clause (g). 134.4For a city of the first class with a population of more than 300,000, in addition, the 134.5city may elect to allot the appropriate portion of the total police state aid to apply toward 1.34.6the employer contribution of the city to the public employees police and fire fund based 134. Ton the covered salary of police officers covered by the end each payroll period and to 134. stransmit the balance to the police relief association; or 134.9(4) For a municipality in which police retirement coverage is provided in part by 134.1othe public employees police and fire fund and in part by a local police consolidation 134.1zaccount governed by chapter 353A and established before March 2, 1999, for which the 134.12municipality declined merger under section 353.665, subdivision 1, or established after 134. 13March 1, 1999, the total police state aid must be applied towards the municipality's total 134.14employer contribution to the public employees police and fire fund and to the local police 134.15consolidation account under sections 353.65, subdivision 3, and 353A.09, subdivision 5. 134. 16(c) The county treasurer, upon receipt of the police state aid for the county, shall 134.17apply the total state aid toward the county's employer contribution to the public employees 134.1spolice and fire fund under section 353.65, subdivision 3. 134. 19(d) The designated Metropolitan Airports Commission official, upon receipt of the 134.2opolice state aid for the Metropolitan Airports Commission, shall apply the total police 134.21state aid first toward the commission's employer contribution for police officers to the z34.22Minneapolis Employees Retirement Fund under section 422A.101, subdivision 2a, and, if z34.23there is any amount of police state aid remaining, shall apply that remainder toward the 134.24commission's employer contribution for police officers to the public employees police and 134.25fire plan under section 353.65, subdivision 3. 134.26(e) The police state aid apportioned to the Departments of Public Safety and Natural 134.27Resources under section 69.021, subdivision 7a, is appropriated to the commissioner of z34.2sfinance for transfer to the funds and accounts from which the salaries of peace officers 134.29certified under section 69.011, subdivision 2a, are paid. The commissioner of revenue 134.3oshall certify to the commissioners of public safety, natural resources, and finance the 134.31amounts to be transferred from the appropriation for police state aid. The commissioners 134.32of public safety and natural resources shall certify to the commissioner of finance the 134.33amounts to be credited to each of the funds and accounts from which the peace officers 134.34employed by their respective departments are paid. Each commissioner must shall allocate 134.35the police state aid first for employer contributions for employees funded from the general 134.36fund and then for employer contributions for employees funded from other funds. For 135.1peace officers whose salaries are paid from the general fund, the amounts transferred from 135.2the appropriation for police state aid must be canceled to the general fund. -46- 135.3EFFECTIVE DATE.This section is effective July 1, 2009. 135.4 Sec. 2. Minnesota Statutes 2008, section 69.771, subdivision 3, is amended to read: 135.5 Subd. 3. Remedy for noncompliance; determination. (a) A municipality in which 135.6there exists a firefighters' relief association as specified in subdivision I which does not 135.7comply with the applicable provisions of sections 69.771 to 69.776 or the provisions of 135. sany applicable special law relating to the funding or financing of the association does 135. snot qualify initially to receive, and is not entitled subsequently to retain, fire state aid 135. lounder sections 69.011 to 69.051 until the reason for the disqualification specified by the 135.11state auditor is remedied, whereupon the municipality or relief association, if otherwise 135.12qualified, is entitled to again receive fire state aid for the year occurring immediately 135.13subsequent to the year in which the disqualification is remedied. .235.14(b) The state auditor shall determine if a municipality to which a firefighters' relief 135.15association is directly associated or a firefighters' relief association fails to comply with 135.16the provisions of sections 69.771 to 69.776 or the funding or financing provisions of any 135.17applicable special law based upon the information contained in the annual financial report 135. laof the firefighters' relief association required under section 69.051, the actuarial valuation 135.19of the relief association, if applicable, the relief association officers' financial requirements 135.200f the relief association and minimum municipal obligation determination documentation 135.21under section 69.772, subdivisions 3 and 4; 69.773, subdivisions 4 and 5; or 69.774, 135.22subdivision 2 , if requested to be filed by the state auditor, the applicable municipal or 135.23nonprofit firefighting corporation budget, if requested to be filed by the state auditor, and 135.24any other relevant documents or reports obtained by the state auditor. 135.25(c) The municipality or nonprofit firefighting corporation and the associated relief 135.26association are not eligible to receive or to retain fire state aid if: 135.27(1) the relief association fails to prepare or to file the financial report or financial 135.28statement under section 69.051; 135.29(2) the relief association treasurer is not bonded in the manner and in the amount 135.3orequired by section 69.051, subdivision 2; 135.31(3) the relief association officers fail to determine or improperly determine the 135.32accrued liability and the annual accruing liability of the relief association under section 135.3369.772, subdivisions 2, 2a, and 3 , paragraph (c), clause (2), if applicable; 135.34(4) if applicable, the relief association officers fail to obtain and file a required 135.35actuarial valuation or the officers file an actuarial valuation that does not contain the 136.1special fund actuarial liability calculated under the entry age normal actuarial cost 136.2method, the special fund current assets, the special fund unfunded actuarial accrued 136.3liability, the special fund normal cost under the entry age normal actuarial cost method, 136.4the amortization requirement for the special fund unfunded actuarial accrued liability -47- 136.5by the applicable target date, a summary of the applicable benefit plan, a summary of 136.6the membership of the relief association, a summary of the actuarial assumptions used 136.7in preparing the valuation, and a signed statement by the actuary attesting to its results 136. sand certifying to the qualifications of the actuary as an approved actuary under section 136.9356.215, subdivision 1 , paragraph (c); 136.1o(5) the municipality failed to provide a municipal contribution, or the nonprofit 136. llfirefighting corporation failed to provide a corporate contribution, in the amount equal 136. 12to the minimum municipal obligation if the relief association is governed under section :1.36. 1..369.772 , or the amount necessary, when added to the fire state aid actually received 136.14in the plan year in question, to at least equal in total the calculated annual financial 136.15requirements of the special fund of the relief association if the relief association is 136.16govemed under section 69.773, and, if the municipal or corporate contribution is deficient, 136.17the municipality failed to include the minimum municipal obligation certified under 136.1ssection 69.772, subdivision 3, or 69.773, subdivision 5, in its budget and tax levy or the 136_ l9nonprofit firefighting corporation failed to include the minimum corporate obligation 136.2ocertified under section 69.774, subdivision 2, in the corporate budget; 136.21(6) the defined benefit relief association did not receive municipal ratification for 136.22the most recent plan amendment when municipal ratification was required under section 136.2369.772, subdivision 6 ; 69.773, subdivision 6; or 424A.02, subdivision 10; 136.24(7) the relief association invested special fund assets in an investment security 136.25that is not authorized under section 69.775; 136.26(8) the relief association had an administrative expense that is not authorized under 136.27section 69.80 or 424A.05, subdivision 3, or the municipality had an expenditure that 136.28is not authorized under section 424A.08; 136.29(9) the relief association officers fail to provide a complete and accurate public 136.3opension plan investment portfolio and performance disclosure under section 356.2.19; 136.31(10) the relief association fails to obtain the acknowledgment from a broker of the 136.32statement of investment restrictions under section 356A.06, subdivision 8b; 136.33(11) the relief association officers permitted to occur a prohibited transaction under 136.34section 356A.06, subdivision 9,. or 4N A 0001 424A.04, subdivision -7 2a, or failed to 136.35undertake correction of a prohibited transaction that did occur; or 137.1(12) the relief association pays a defined benefit service pension in an amount 137.2that is in excess of the applicable service pension maximum under section 424A.02, 137.3subdivision 3 . 137.4EFFECTIVE DATE.This section is effective July 1, 2009. 137.5 Sec. 3. Minnesota Statutes 2008, section 69.772, subdivision 4, is amended to read: 137.6 Subd. 4. Certification of financial requirements and minimum municipal -48- 137. 7obligation; levy. (a) The officers of the relief association shall certify the financial 137. 8requirements of the special fund of the relief association and the minimum obligation of 137. 9the municipality with respect to the special fund of the relief association as determined 137. founder subdivision 3 to the governing body of the municipality on or before August 1 of 137. 1leach year. The financial requirements of the relief association and the minimum municipal 137.12obligation must be included in the financial report or financial statement under section 137.1369.051 . The schedule forms related to the determination of the financial requirements 137. 14must be filed with the state auditor by March 31, annually, if the relief association is 137. 15required to file a financial statement under section 69.051, subdivision 1a, or by June 30, 137.16annually, if the relief association is required to file a financial report and audit under 137.17section 69.051, subdivision 1. 137. 18(b) The municipality shall provide for at least the minimum obligation of the 137. 19municipality with respect to the special fund of the relief association by tax levy or from 137.2oany other source of public revenue. 137.21(c) The municipality may levy taxes for the payment of the minimum municipal 137.22obligation without any limitation as to rate or amount and irrespective of any limitations 137.23imposed by other provisions of law upon the rate or amount of taxation until the balance 1.37.240f the special fund or any fund of the relief association has attained a specified level. In 137.25addition, any taxes levied under this section must not cause the amount or rate of any other 137.26taxes levied in that year or to be levied in a subsequent year by the municipality which are 137.27subject to a limitation as to rate or amount to be reduced. 137.28(d) If the municipality does not include the full amount of the minimum municipal 137.29obligations in its levy for any year, the officers of the relief association shall certify that 137.3oamount to the county auditor, who shall spread a levy in the amount of the certified 137.31minimum municipal obligation on the taxable property of the municipality. 137.32(e) If the state auditor determines that a municipal contribution actually made in a 137.33plan year was insufficient under section 69.771, subdivision 3, paragraph (c), clause (5), 137.34the state auditor may request a copy of the certifications under this subdivision from the 137.35relief association or from the city. The relief association or the city, whichever applies, 138. Must provide the certifications within 14 days of the date of the request from the state 138.2auditor. 138.3EFFECTIVE DATE.This section is effective July 1, 2009. 138.4 Sec. 4. Minnesota Statutes 2008, section 69.772, subdivision 6, is amended to read: 138.5 Subd. 6. Municipal ratification for plan amendments. If the special fund of the 138. erelief association does not have a surplus over full funding pursuant to subdivision 3, 138. 7clause (2), subclause (e), or if the municipality is required to provide financial support 138.8to the special fund of the relief association pursuant to this section, the adoption of or m2 138.9any amendment to the articles of incorporation or bylaws of a relief association which z38. zoincreases or otherwise affects the retirement coverage provided by or the service pensions 138. zzor retirement benefits payable from the special fund of any relief association to which this 138.12section applies sha4 is not be effective until it is ratified by the governing body of the z38. z3municipality in which the relief association is located and the officers of a relief association 138.14shall not seek municipal ratification prior to preparing and certifying an estimate of 138. z5the expected increase in the accrued liability and annual accruing liability of the relief 13s.16association attributable to the amendment. If the special fund of the relief association has z38.17a surplus over full funding pursuant to subdivision 3, clause (2), subclause (e), and if the 13s.1smunicipality is not required to provide financial support to the special fund of the relief z38.19association pursuant to this section, the relief association may adopt or amend its articles 138.200f incorporation or bylaws which increase or otherwise affect the retirement coverage 138.21provided by or the service pensions or retirement benefits payable from the special fund 138.220f the relief association which shame are effective without municipal ratification so 138.231ong as this does not cause the amount of the resulting increase in the accrued liability .238. 240f the special fund of the relief association to exceed 90 percent of the amount of the 138.25PFi6F surplus over full funding reported in the prior year and this does not result in the 138.26financial requirements of the special fund of the relief association exceeding the expected 138. rramount of the future fire state aid to be received by the relief association as determined 138.28by the board of trustees following the preparation of an estimate of the expected increase 138.29in the accrued liability and °annual accruing liability of the relief association attributable 13s. Soto the change. If a relief association adopts or amends its articles of incorporation or z3s.31bylaws without municipal ratification pursuant to this subdivision, and, subsequent to 138.32the amendment or adoption, the financial requirements of the special fund of the relief 13e.33association pursuant to this section are such so as to require financial support from the 138.34municipality, the provision which was implemented without municipal ratification skull 138.35is no longer be effective without municipal ratification and any service pensions or 139. zretirement benefits payable after that date sly may be paid only in accordance with the 139.2articles of incorporation or bylaws as amended or adopted with municipal ratification. 139.3EFFECTIVE DATE.This section is effective July 1, 2009. 139.4 Sec. 5. Minnesota Statutes 2008, section 69.773, subdivision 6, is amended to read: 139.5 Subd. 6. Municipal ratification for plan amendments. If the special fund of the 139. erelief association does not have a surplus over full funding pursuant to subdivision 4, or if 139.7the municipality is required to provide financial support to the special fund of the relief 139. eassociation pursuant to this section, the adoption of or any amendment to the articles of 139.9incorporation or bylaws of a relief association which increases or otherwise affects the 139.1oretirement coverage provided by or the service pensions or retirement benefits payable -50- 139.11from the special fund of any relief association to which this section applies shag is not 139.12be effective until it is ratified by the governing body of the municipality in which the 139.13relief association is located. If the special fund of the relief association has a surplus over 139.14fu11 funding pursuant to subdivision 4, and if the municipality is not required to provide 139.15financial support to the special fund of the relief association pursuant to this section, 1.39.1ethe relief association may adopt or amend its articles of incorporation or bylaws which 139. 1. 7increase or otherwise affect the retirement coverage provided by or the service pensions or 139.18retirement benefits payable from the special fund of the relief association which shall be 139.19are effective without municipal ratification so long as this does not cause the amount of 139.2othe resulting increase in the accrued liability of the special fund of the relief association to 139.21exceed 90 percent of the amount of the prieF surplus over full funding reported in the prior 139.22year and this does not result in the financial requirements of the special fund of the relief 139.23association exceeding the expected amount of the future fire state aid to be received by the 139.24relief association as determined by the board of trustees following the preparation of an 139.2supdated actuarial valuation including the proposed change or an estimate of the expected 139.26actuarial impact of the proposed change prepared by the actuary of the relief association. 139.27If a relief association adopts or amends its articles of incorporation or bylaws without 139.2smunicipal ratification pursuant to this subdivision, and, subsequent to the amendment or 139.29adoption, the financial requirements of the special fund of the relief association pursuant to 1.39.3othis section are such so as to require financial support from the municipality, the provision 139.31w .hich was implemented without municipal ratification shall is no longer be effective 139.32without municipal ratification and any service pensions or retirement benefits payable 139.33after that date she may paid only in accordance with the articles of incorporation or 139.34bylaws as amended or adopted with municipal ratification. 140.1EFFECTIVE DATE.This section is effective July 1, 2009. 140.2 Sec. 6. Minnesota Statutes 2008, section 356.219, subdivision 3, is amended to read: 140.3 Subd. 3. Content of reports. (a) The report required by subdivision 1 must include 140.4a written statement of the investment policy. Following that initial report, subsequent 140. sreports must include investment policy changes and the effective date of each policy 140.6change rather than a complete statement of investment policy, unless the state auditor 140.7requests submission of a complete current statement. The report must also include the 140. sinformation required by the following paragraphs, as applicable. 140.9(b) If, after four years of reporting under this paragraph, the total portfolio time 140.1oweighted rate of return, net of all investment related costs and fees, provided by the public 140.11pension plan differs by no more than 0.1 percent from the comparable return for the plan 140.12calculated by the Office of the State Auditor, and if a public pension plan has a total 140.13market value of $25,000,000 or more as of the beginning of the calendar year, and if the -51- 14o.14public pension plan's annual audit is performed by the state auditor or by the legislative 140. isauditor, the report required by subdivision 1 must include the market value of the total 140. i6portfolio and the market value of each asset class included in the pension fund as of the i40. i7beginning of the calendar year and as of the end of the calendar year. At the discretion of i40. iethe state auditor, the public pension plan may be required to submit the market value of the 140. i9total portfolio and the market value of each investment account, investment portfolio, or i40.2oasset class included in the pension fund for each month, and the amount and date of each 140.2iinjection and withdrawal to the total portfolio and to each investment account, investment 140.22portfolio, or asset class. If the market value of a public pension plan's fund drops below i40.23$25,000,000 in a subsequent year, it must continue reporting under this paragraph for any 140.24subsequent year in which the public pension plan is not fully invested as specified in 140.25subdivision 1, paragraph (b), except that if the public pension plan's annual audit is not i40.26performed by the state auditor or legislative auditor, paragraph (c) applies. 140.27(c) If paragraph (b) would apply if the annual audit were provided by the state 140.28auditor or legislative auditor, the report required by subdivision I must include the market 140.29value of the total portfolio and the market value of each asset class included in the pension i40. 3of ind as of the beginning of the calendar year and for each month, and the amount and date 140.31of each injection and withdrawal to the total portfolio and to each investment account, 140.32investment portfolio, or asset class. 140.33(d) For public pension plans to which paragraph (b) or (c) applies, the report required 140.34by subdivision 1 must also include a calculatl'on of the total time - weighted rate of return 140.35available from index - matching investments assuming the asset class performance targets 141. land target asset mix indicated in the written statement of investment policy. The provided i41.2information must include a description of indices used in the analyses and an explanation 141.3of why those indices are appropriate. This paragraph does not apply to any fully invested 141.4plan, as defined by subdivision 1, paragraph (b). Reporting by the State Board of 141. sinvestment under this paragraph is limited to information on the Minnesota public pension 14Z. 6plans required to be invested by the State Board of Investment under section 11A.23. 141. 7(e) If a public pension plan has a total market value of less than $25,000,000 as of 141. athe beginning of the calendar year and was never required to file under paragraph (b) or 141. 9(c), the report required by subdivision 1 must include the amount and date of each total 141. ioportfolio injection and withdrawal. In addition, the report must include the market value 141. ziof the total portfolio as of the beginning of the calendar year and for each quarter. 141.12(f) Any public pension plan reporting under paragraph (b) or (c) must include 141.13computed time- weighted rates of return with the report, in addition to all other required 141.14information, as applicable. The chief administrative officer of the public pension plan 141. lssubmitting the returns must certify, on a form prescribed by the state auditor, that the 141. z6returns have been computed by the pension plan's investment performance consultant or -52- 141.17cu5todial bank. The chief administrative officer of the public pension plan submitting the 141.18returns also must certify that the returns are net of all costs and fees, including investment 141.1smanagement fees, and that the procedures used to compute the returns are consistent 141.2owith Bank Administration Institute studies of investment performance measurement 141.21and presentation standards set by the CeFtified Finaneial Analyst CFA Institute. If the 141.22certifications required under this paragraph are not provided, the reporting requirements of 141.23paragraph (c) apply. 141.24(g) For public pension plans reporting under paragraph (e), the public pension plan 141.25must retain supporting information specifying the date and amount of each injection and 141.26withdrawal to each investment account and investment portfolio. The public pension plan 141.27must also retain the market value of each investment account and investment portfolio at 141.2sthe beginning of the calendar year and for each quarter. Information that is required to be 141.29collected and retained for any given year or years under this paragraph must be submitted 141.3oto the Office of the State Auditor if the Office of the State Auditor requests in writing that 141.31the information be submitted by a public pension plan or plans, or be submitted by the 141.32State Board of Investment for any plan or plans for which the State Board of Investment is 141.33the investment authority under this section. If the state auditor requests information under 141.34this subdivision, and the public plan fails to comply, the pension plan is subject to penalties 141.35under subdivision 5, unless penalties are waived by the state auditor under that subdivision. 141.36EFFECTIVE DATE.This section is effective July 1, 2009. 142.1 Sec. 7. 1420.201 PROHIBITION OF SERVICE BY MINORS AS VOLUNTEER 142.2FIREFIGHTERS. 142.3It is unlawful for any municipality or independent nonprofit firefighting corporation 142.4to employ a minor to serve as a firefighter or to permit a minor to serve in any capacity 142.5performing any firefighting duties with a fire department, except for members of a youth, 142. 6ciyic, or educational organization or program who participate with uninterrupted adult 142. 7supervision, as allowed by federal law and by section 181A.04. Such organizations or 142. sprograms include, but are not limited to, Boy Scout Explorer programs or firefi hting 142.9degree programs. 142.1oEFFECTIVE DATE.This section is effective July 1, 2009. 142.11 Sec. 8. Minnesota Statutes 2008, section 424A.001, subdivision 1, is amended to read: 142.12 Subdivision 1. Terms defined. Unless the context clearly indicates otherwise, as 142.13used in this chapter, the terms defined in this section have the meanings given. 142.14EFFECTIVE DATE.This section is effective July 1, 2009. 142.15 Sec. 9. Minnesota Statutes 2008, section 424A.001, subdivision la, is amended to read: -53- 142.16 Subd. la. Ancillary benefit. "Ancillary benefit" means a benefit payable from the 142.1 especial fund of the relief association other than a service pension that is permitted by law 142.18and that is provided for in the relief association bylaws. 142.19EFFECTIVE DATE.This section is effective July 1, 2009. 142.20 Sec. 10. Minnesota Statutes 2008, section 424A.001, is amended by adding a 142.21subdivision to read: 142.22 Subd. lb. Defined benefit relief association. "Defined benefit relief association" 142.23means a volunteer firefighters' relief association that provides a lump -sum service pension, 142.24p_rovides a monthly benefit service pension, or provides a lump -sum service pension as an 142.25altemative to the monthly benefit service pension. 142.26EFFECTIVE DATE.This section is effective July 1, 2009. 142.27 Sec. 11. Minnesota Statutes 2008, section 424A.001, is amended by adding a 142.28subdivision to read: 142.29 Subd. lc. Defined contribution relief association. "Defined contribution relief 142.3oassociation" means a volunteer firefighters' relief association that provides a service 143.1pension based solely on an individual account balance rather than a specified annual 143.21ump -sum or monthly benefit service pension amount. 143.3EFFECTIVE DATE.This section is effective July 1, 2009. s 143.4 Sec. 12. Minnesota Statutes 2008, section 424A.001, subdivision 2, is amended to read: 14;.5 Subd. 2. Fire department. "Fire department" includes a municipal fire department 143. band or an independent nonprofit firefighting corporation. 143.7EFFECTIVE DATE.This section is effective July 1, 2009. 143.8 Sec. 13. Minnesota Statutes 2008, section 424A.001, subdivision 3, is amended to read: 143.9 Subd. 3. Municipality. "Municipality" means a municipality which has 143.1oestablished a fire department with which the relief association is directly associated, or 143. lithe municipalities which have entered into a contract with the independent nonprofit 143.12firefighting corporation of which the relief association is a subsidiary. 143.13EFFECTIVE DATE.This section is effective July 1, 2009. 143.14 Sec. 14. Minnesota Statutes 2008, section 424A.001, subdivision 4, is amended to read: 143.15 Subd. 4. Relief association. "Relief association" means-(a) 143. 1d, I Ia volunteer firefighters' relief association or a volunteer firefighters' division or 143.17account of a partially salaried and partially volunteer firefighters' relief association that is 143.18organized and incorporated under chapter 317A and any laws of the state, is governed by -54- 14.3.19this chapter and chapter 69, and is directly associated with a fire department established by 143.2omunicipal ordinance; or 143.21(b4 many separate separately incorporated volunteer firefighters' relief association 143.22that is subsidiary to and previdin g that provides service pension and retirement benefit 143.23coverage for members of an independent nonprofit firefighting corporation that is 143.24organized under the provisions of chapter 317A, is governed by this chapter, and eperafing 143.25operates exclusively for firefighting purposes. A relief association is a governmental entity 143.26that receives and manages public money to provide retirement benefits for individuals 143.27providing the governmental services of firefighting and emergency first response. 143.2sEFFECTIVE DATE.This section is effective Julv I 143.29 Sec. 15. Minnesota Statutes 2008, section 424A.001, subdivision 5, is amended to read: 144.1 Subd. 5. Special fund. "Special fund" means the special fund of a volunteer 144.2firefighters' relief association or the account for volunteer firefighters within the special 144.3fund of a partially salaried and partially volunteer firefighters' relief association. 144.4EFFECTIVE DATE.This section is effective July 11 2009. 144.5 Sec. 16. Minnesota Statutes 2008, section 424A.001, subdivision 6, is amended to read: 144.6 Subd. 6. Surviving spouse. For purposes of this chapter, and the govemin bylaws 144.7ofaff governing a relief association to which this chapter applies, the terra "surviving 144. espouse" means the spouse of a deceased member who was legally married to the member 144. gat the time of the member's death. 144. ZoEFFECTIVE DATE.This section is effective July 1, 20090 144. 11 Sec. 17. Minnesota Statutes 2008, section 424A.001, subdivision 8, is amended to read: 144.12 Subd. 8. Firefighting service. "Firefighting service," if the applicable municipality 144.13approves for a fire department that is a municipal department, or if the applicable 144.14contracting municipality or municipalities approve for a fire department that is an 144. l5independent nonprofit firefighting corporation, includes fire department service rendered 144.16by fire prevention personnel. 144. Z7EFFECTIVE DATE.This section is effective July 1, 2009. 144.19 Sec. 18. Minnesota Statutes 2008, section 424A.001, subdivision 9, is amended to read: 144.19 Subd. 9. Separate from active service. "Separate from active service" means 144.2ote that a firefiLyhter permanently cease ceases to perform fire suppression duties with 144.21a particular volunteer fire department, to permanently cease ceases to perform fire 144.22prevention duties, to permanently cease ceases to supervise fire suppression duties, and to 144.23permanently eease ceases to supervise fire prevention duties. -55- 144.24EFFECTIVE DATE.This section is effective July 1, 2009. 144.25 Sec. 19. Minnesota Statutes 2008, section 424A.001, subdivision 10, is amended to 144.26read: 144.27 Subd. 10. Volunteer firefighter. "Volunteer firefighter" means a person who either: 144.28(1) was a member of the applicable fire department or the independent nonprofit 144.29firefighting corporation and a member of the relief association on July 1, 2006; or 145.1(2) became a member of the applicable fire department or the independent nonprofit 145.2firefighting corporation and is eligible for membership in the applicable relief association 145.3after June 30, 2006, and 145.4(i) is engaged in providing emergency response services or delivering fire education 145.5or prevention services as a member of a municipal fire department, a joint powers entity 145.6fire department, or an independent nonprofit firefighting corporation; 145.7(ii) is trained in or is qualified to provide fire suppression duties or to provide fire 145.8prevention duties under subdivision 8; and 145.9(iii) meets any other minimum firefighter and service standards established by the 145. lofire department or the independent nonprofit firefighting corporation or specified in the 145.11articles of incorporation or bylaws of the relief association. 145.12EFFECTIVE DATE.This section is effective July 1, 2009. 145.13 Sec. 20.1424A.0021 AUTHORIZATION OF NEW OR CONTINUING ° 145.14VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATIONS. 145.15 Subdivision 1. Authorization. A municipal fire department or an independent 145.16nonprofit firefighting corporation, with approval by the applicable municipality or 145.17municipalities, may establish a new volunteer firefighters' relief association or may retain 145.18an existing volunteer firefighters' relief association. 145.19 Subd. 2. Defined benefit or defined contribution relief association. The articles 145.200f incorporation or the bylaws of the volunteer firefighters' relief association must specify 145.21that the relief association is either a defined benefit relief association subject to sections 145.2269.771 to 69.774, 424A.015, and 424A.02 or is a defined contribution relief association 145.23subiect to sections 424A.015 and 424A.016. 145.24EFFECTIVE DATE.This section is effective July 1, 2009. 145.25 Sec. 21. Minnesota Statutes 2008, section 424A.01, is amended to read: 145.26424A.01 MEMBERSHIP IN A VOLUNTEER FIREFIGHTERS' RELIEF 145.27ASSOCIATION. 145.28 Subdivision 1. Minors. (a) No volunteer firefighters' relief 145.29association associated with a municipality or an independent nonprofit firefighting -56- 195.3ocorporation te- empley may include as a relief association member .a minor serving as 195.31a,nteer firefighter ^r to ..°.mit a fflineF tO Se ^ity peFfeF ing 195.3 except for members of a youth, 195.33C1ViC, or educational organization or program who participate with uninterrupted adult 196.1supervision, as allowed by federal law and by section 181A.04. Such organizations or 196.2programs include, but are not limited to, Boy Scout Explorer programs or firefighting 196.3degree programs. 146.4(b) No volunteer firefighters' relief association associated with a municipality or an 196.5independent nonprofit firefighting corporation may include as a relief association member 196. 6a minor serving as a volunteer firefighter. 196.7 Subd. 2. Status of substitute volunteer firefighters. No person who is serving as a 196. ssubstitute volunteer firefighter sl3all -be- deemed may be considered to be a firefighter for 196.9purposes of chapter 69 or this chapter nor shall be and no substitute volunteer firefighter is 196. loauthorized to be a member of any volunteer firefighters' relief association governed by 196.11chapter 69 or this chapter. 196.12 Subd. 3. Status of nonmember volunteer firefighters. No person who is serving 196.13as a firefighter in a fire department but who is not a member of the applicable firefighters' 196.19relief association shall he is entitled to any service pension or ancillary benefits from 196. 15the relief association. 196.16 Subd. 4. Exclusion of persons constituting an unwarranted health risk. The 196.17board of trustees of every relief association may exclude from membership in the relief 196.1sassociation all applicants who, due to some medically determinable physical or mental 196. 19impairment or condition, would is determined to constitute a predictable and unwarranted 196.2orisk of imposing liability for an ancillary benefit at any age earlier than the minimum 196.21age specified for receipt of a service pension. Notwithstanding any provision of section 196.22363A.25 , it shall he is a good and valid defense to a complaint or action brought under 196.23chapter 363A that the board of trustees of the relief association made a good faith 196.29determination that the applicant suffers from an impairment or condition constituting a 196.25predictable and unwarranted risk for the relief association if the determination was made 196.26following consideration of. (a) tithe person's medical history; and (b) (athe report of 196.27the physician completing a physical examination of the applicant eempleted undertaken at 196.2sthe expense of the relief association. 196.29 Subd. 5. Fire prevention personnel. (a) If the fire department is a municipal 196.3odepartment and the applicable municipality approves, or if the fire department is an 196.31independent nonprofit firefighting corporation and the contracting municipality or 196.32municipalities approve, the fire department may employ or otherwise utilize the services 146.330f persons as volunteer firefighters to perform fire prevention duties and to supervise 196.39f re prevention activities. -57- 146.35(b) Personnel serving in fire prevention positions are eligible to be members of 146.36the applicable volunteer firefighter relief association and to qualify for service pension 147.1or other benefit coverage of the relief association on the same basis as fire department 147.2personnel who perform fire suppression duties. 147.3(c) Personnel serving in fire prevention positions also are eligible to receive any 147. 4other benefits under the applicable law or practice for services on the same basis as 147. spersonnel who are employed to perform fire suppression duties. 147.6 Subd. 6. Return to active firefighting after break in service. (a) If a former active 14 7. 7firefighter who has ceased to perform or supervise fire suppression and fire prevention 147. eduties for at least 60 days resumes performing active firefighting with the fire department 147.9associated with the relief association, if the bylaws of the relief association so permit, the 147.1operson may again become an active member of the relief association. 14 7. 11(b) A firefighter who returns to active relief association membership under paragraph 147.12(a) may qualify for the receipt of a service pension from the relief association for the 147.13resumption service period if the firefighter meets a minimum period of resumption service 147.14specified in the relief association bylaws. 147. 15(c) A firefighter who returns to active lump -sum relief association membership and 147.16who qualifies for a service pension under paragraph (b) must have, upon a subsequent 147.17cessation of duties, any service pension for the resumption service period calculated as 147.1ea separate benefit. If a lump -sum service pension had been paid to the firefighter upon 147.19the firefighter's previous cessation of duties, a second lump -sum service pension for the 147.2oresumption service period must be calculated to apply the service pension amount in effect 147.21on the date of the firefighter's termination of the resumption service for all years of the 147.22resumption service. No firefighter may be paid a service pension twice for the same period .14 7.230f service. If a lump -sum service pension had not been paid to the firefighter upon the 147.24firefi hter's previous cessation of duties and the firefiuhter meets the minimum service 147.25requirement of section 424A.02, subdivision 2, a service pension must be calculated to 147.26apply the service pension amount in effect on the date of the firefighter's termination of the 147.27resumption service for all years of service credit. 147.2e(d) A firefighter who had not been paid a lump -sum service pension returns to active 147.29relief association membership under paragraph (a), who does not qualify for a service 147.3opension under paragraph (b), but who does meet the minimum service requirement of 147.31section 424A.02, subdivision 2, based on the firefighter's previous years of active service, 147.32must have, upon a subsequent cessation of duties, a service pension calculated for the 147.33previous years of service based on the service pension amount in effect on the date of the 147.34firefighter's termination of the resumption service, or, if the bylaws so provide, based on the 147.35service pension amount in effect on the date of the firefighter's previous cessation of duties. 149.1(e) If a firefighter receiving a monthly benefit service pension returns to active -58- 198.2monthly benefit relief association membership under paragraph (a), any monthly benefit 198. service pension payable to the firefighter is suspended as of the first day of the month next 198.9following the date on which the firefighter returns to active membership. If the firefighter 198.5was receiving a monthly benefit service pension, and qualifies for a service pension under 198.6paragraph (b), the firefighter is entitled to an additional monthly benefit service pension 198. 7upon a subsequent cessation of duties calculated based on the resumption service credit 198. sand the service pension accrual amount in effect on the date of the termination of the 198. 9resumption service. The suspended initial service pension resumes as of the first of 198. lothe month next following the termination of the resumption service. If the firefighter 198.11was not receiving a monthly benefit service pension and meets the minimum service 198.12requirement of section 424A.02, subdivision 2, a service pension must be calculated to 198.13apply the service pension amount in effect on the date of the firefighter's termination of the 198.19resumption service for all years of service credit. 198.15(fl A firefighter who was not receiving a monthly benefit service pension returns 198.16to active relief association membership under paragraph (a), who does not qualify for a 198.1 7service pension under paragraph (b), but who does meet the minimum service requirement 198.18of section 424A.02, subdivision 2, based on the firefighter's previous years of active 148.19service, must have, upon a subsequent cessation of duties, a service pension calculated for 198.2othe previous years of service based on the service pension amount in effect on the date .148.2.10f the firefighter's termination of the resumption service, or, if the bylaws so provide, 198.22based on the service pension amount in effect on the date of the firefighters previous 198.23cessation of duties. 198.29EFFECTIVE DATE.This section is effective July 1, 2009. 198.25 Sec. 22. [424A.0151 GENERALLY APPLICABLE VOLUNTEER 198.26FIItEFIGHTERS' RELIEF ASSOCIATION PENSION PLAN REGULATION. 198.27 Subdivision 1. Separation from active service; exception. (a) No service pension 198.28is payable to a person while the person remains an active member of the respective fire 198.2.9department, and a person who is receiving a service pension is not entitled to receive any 198. soother benefits from the special fund of the relief association. 198.3.0) No relief association as defined in section 424A.001, subdivision 4, may pay a 198.32service pension or disability benefit to a former member of the relief association if that 198.33person has not separated from active service with the fire department to which the relief 198.39association is directly associated, unless: 199.1(1) the person is employed subsequent to retirement by the municipality or the 199.2independent nonprofit firefighting corporation, whichever applies, to perform duties within 199.3the municipal fire department or corporation on a full -time basis; 199.9(2) the governing body of the municipality or of the corporation has filed its -59- 149.5determination with the board of trustees of the relief association that the person's 149.6experience with and service to the fire department in that person's full -time capacity 149. nvould be difficult to replace; and 149.8(3) the bylaws of the relief association were amended to provide for the payment of 149.9a service pension or disability benefit for such full -time employees. 149.10 Subd. 2. No assignment or garnishment. A service pension or ancillary benefits 149.11paid or payable from the special fund of a relief association to any person receiving or 149.12entitled to receive a service pension or ancillary benefits is not subject to garnishment, - 49.13judgment, execution, or other legal process, except as provided in section 518.58, 518.581, 149.14or 518A.53. No person entitled to a service pension or ancillary benefits from the special 149.15fund of a relief association may assign any service pension or ancillary benefit payments, 149.16and the association does not have the authority to recognize any assignment or pay over 149.17any sum which has been assigned. 149.18 Subd. 3. Purchase of annuity contract. A relief association that provides a service 149.19 ep nsion in a single payment, if the governing articles of incorporation or bylaws so 149.2oprovide, may purchase an annuity contract on behalf of a retiring member in an amount 149.21equal to the service pension otherwise payable at the request of the person and in place of 149.22a direct payment to the person. The annuity contract must be purchased from an insurance 149.23carrier licensed to do business in this state. 149.24 Subd. 4. Transfer to individual retirement account. A relief association that is a 149.25gualified pension plan under section 401(a) of the Internal Revenue Code, as amended, 149.26and that provides a single payment service pension, at the written request of the applicable 149.27retiring member or, following the death of the active member, at the written request of the 149.28deceased member's surviving spouse, may directly transfer on an institution -to- institution 149.29basis the eligible member's lump -sum pension or the death or survivor benefit attributable 149.30to the member, whichever applies, to the requesting person's individual retirement account 149.31under section 408(a) of the Internal Revenue Code, as amended. 149.32EFFECTIVE DATE.This section is effective July 1, 2009. 149.33 Sec. 23.1424A.0161 DEFINED CONTRIBUTION VOLUNTEER 149.34FIREFIGIITERS' RELIEF ASSOCIATION SPECIFIC REGULATION. 150.1 Subdivision 1. Defined contribution relief association authorization. If the 15o.2articles of incorporation or the bylaws governing the volunteer firefighters' relief 150.3association so provide exclusively, the relief association may pay a defined contribution 150.41ump -sum service pension instead of a defined benefit service pension governed by section 150.5424A.02. 150.6 Subd. 2. Defined contribution service pension eligibility. (a) A relief association, 150. 7when its articles of incorporation or bylaws so provide, may pay out of the assets of its = .150. especial fund a defined contribution service pension to each of its members who: .150.9(1) separates from active service with the fire department; 1.50..1x(2) reaches age 50; .15o. .1 .1(3) completes at least five years of active service as an active member of the .150..12municipal fire department to which the relief association is associated; 150.13(4) completes at least five years of active membership with the relief association 150.14before separation from active service; and 150. .15(5) complies with any additional conditions as to age, service, and membership that 150. 16are prescribed b the of the relief association. .150. .17(b) In the case of a member who has completed at least five years of active service as .150. .1ean active member of the fire department to which the relief association is associated on .150. 19the date that the relief association is established and incorporated, the requirement that .150.2othe member complete at least five years of active membership with the relief association .150.2.1 before separation from active service may be waived by the board of trustees of the relief 150.22association if the member completes at least five years of inactive membership with the 150.23relief association before the date of the payment of the service pension. During the period .150. 240f inactive membership, the member is not entitled to receive any disability benefit 150.25coverage, is not entitled to receive additional individual account allocation of fire state 150.2eaid or municipal contribution towards a service pension, and is considered to have the 150.27status of a person entitled to a deferred service pension. 150.2s(c) The service pension earned by a volunteer under this chapter and the articles 150.290f incorporation and bylaws of the relief association may be paid whether or not the 150.3omunicipalit o� r nonprofit firefighting corporation to which the relief association is .15o. 3.1 associated qualifies for the receipt of fire state aid under chapter 69. 250.32 Subd. 3. Reduced vesting schedule. If the articles of incorporation or bylaws of a .150.33defined contribution relief association so provide, a relief association may pay a reduced 150.34service pension not to exceed the nonforfeitable percentage of the account balance to a 150.35retiring member who has completed fewer than 20 years of service. The reduced service .150.3epension may be paid when the retiring member meets the minimum age and service 15 1. irequirements of subdivision 2. The nonforfeitable percentage of pension amounts are 15 1.2as follows: 151.3 Completed Years of Service Nonforfeitable Percentage 151.4 of Pension Amount 151.5 5 40 percent 151.6 6 52 percent 151.7 7 64 percent 151.8 8 76 percent 151.9 g 88 percent -61- 151.10 10 and thereafter 100 percent 151.11 Subd. 4. Individual accounts. (a) An individual account must be established for .151. 12each firefighter who is a member of the relief association. 151.13(b) To each individual active member account must be credited an equal share of: .151.14(1) any amounts of fire state aid received by the relief association; 15 .1..15(2) any amounts of municipal contributions to the relief association raised from 151. 161eyies on real estate or from other available municipal revenue sources exclusive of fire z5z.27state aid; and .15.1.18(3) any amountE equal to the share of the assets of the special fund to the credit of: 15z. z9(i) any former member who terminated active service with the fire department to 151.2owhich the relief association is associated before meeting the minimum service requirement .151.21provided for in subdivision 2, paragraph (b), and has not returned to active service with 151.22the fire department for a period no shorter than five years; or 151.23(ii) any retired member who retired before obtaining a full nonforfeitable interest in 151.24the amounts credited to the individual member account under subdivision 2, paragraph 151.25(b), and any pplicable provision of the bylaws of the relief association. In addition, any 151.26investment return on the assets of the special fund must be credited in proportion to the 15.1.27share of the assets of the special fund to the credit of each individual active member 151.2eaccount. Administrative expenses of the relief association payable from the special 15z.29fund may be deducted from individual accounts in a manner specified in the bylaws of zsz.3othe relief association. 151.31(c) Amounts to be credited to individual accounts must be allocated uniformly for all 151.32years of active service and allocations must be made for all years of service, except for z5z.33caps on service credit if so provided in the bylaws of the relief association. The allocation z51.34method may utilize monthly proration for fractional years of service, as the bylaws or 15 .1. 35articles of incorporation of the relief association so provide. The bylaws or articles of z.5z.36incorporation may define a "month," but the definition must require a calendar month to z5z. 37have at least 16 days of active service. If the bylaws or articles of incorporation do not z52. ldefine a "month," a "month" is a completed calendar month of active service measured .152.2from the member's date of entry to the same date in the subsequent month. 152.3(d) At the time of retirement under subdivision 2 and any applicable provision of the 152.4bylaws of the relief association, a retiring member is entitled to that portion of the assets 152.5of the special fund to the credit of the member in the individual member account which is 152.6nonforfeitable under subdivision 3 and any applicable provision of the bylaws of the relief 152. rassociation based on the number of years of service to the credit of the retiring member. 152.8(e) Annually, the secretary of the relief association shall certify the individual z52.9account allocations to the state auditor at the same time that the annual financial statement 152. .1oor financial report and audit of the relief association, whichever applies, is due under -62- 152.115ection 69.05 1. 152.12 Subd. 5. Service pension installment payments. A defined contribution relief 152.13association, if the governing bylaws so provide, may pay, at the option of the retiring 152.14member and in lieu of a single payment of a service pension, the service pension in 152.151nstallments. The election of installment payments is irrevocable and must be made by the 152.16retiring member in writing and filed with the secretary of the relief association no later 152.1 7than 30 days before the commencement of payment of the service pension. The amount of 152.1gthe installment payments must be the fractional portion of the remaining account balance 152.19egual to one divided by the number of remaining annual installment payments. 152.20 Subd. 6. Deferred service pensions. (a) A member of a relief association is entitled 152.21to a deferred service pension if the member: 152.22 (1) has completed the lesser of the minimum period of active service with the fire 152.23dgpartment specified in the bylaws or 20 years of active service with the fire department; 152.24 (2) has completed at least five years of active membership in the relief association; 152.25and 152.26 (3) separates from active service and membership before reaching age 50 or the 152.27ninimum age for retirement and commencement of a service pension specified in the 152.28bylaws governing the relief association if that age is greater than age 50. 152.29 (b) The deferred service pension is payable when the former member reaches age 152.3o5O, or the minimum age specified in the bylaws goveming the relief association if that age 152.31is greater than age 50, and when the former member makes a valid written application. , 152.32 (c) A defined contribution relief association may, if its governing bylaws so provide, 152.33credit interest or additional investment performance on the deferred lump -sum service 152.34pension during the period of deferral. If provided for in the bylaws, the interest must be 152.35paid: 153.1(1) at the investment performance rate actually earned on that portion of the assets 153.2if the deferred benefit amount is invested by the relief association in a separate account 153.3established and maintained by the relief association or if the deferred benefit amount is 153. ainvested in a separate investment vehicle held by the relief association; or 153.5(2) the investment return on the assets of the special fund of the defined contribution 153.6volunteer firefighter relief association in proportion to the share of the assets of the special 153. 7fund to the credit of each individual deferred member account through the date on which 153. ethe investment return is recogmzed by and credited to the special fund. 153.9 (d) The deferred service pension is governed by and must be calculated under 153.1othe general statute, special law, relief association articles of incorporation, and relief 153. imssociation bylaw provisions applicable on the date on which the member separated from 153.12active service with the fire department and active membership in the relief association. 153.13 Subd. 7. Limitation on ancillary benefits. (a) A defined contribution relief -63- 153.14a55ociation may only pay an ancillary benefit which would constitute an authorized 153.15disbursement as specified in section 424A.05. The ancillary benefit for active members 153.16must equal the vested or nonvested amount of the individual account of the member. 153. 17(b) For deferred members, the ancillary benefit must equal the vested amount of 153. 18the individual account of the member. For the recipient of installment payments of a 153.19service pension, the ancillary benefit must equal the remaining balance in the individual 153.2oaccount of the recipient. 153.21 Subd. 8. Filing of bylaw amendments. Each relief association to which this section 1.53.22applies must file a revised copy of its governing bylaws with the state auditor upon the 153.23adoption of any amendment to its governing bylaws by the relief association. Failure of 153.24the relief association to file a copy of the bylaws or any bylaw amendments with the state 153.25auditor disqualifies the municipality from the distribution of any future fire state aid until 153.26this filing requirement has been completed. 153.27EFFECTIVE DATE.This section is effective July 1, 2009. 153.28 Sec. 24. Minnesota Statutes 2008, section 424A.02, subdivision 1, is amended to read: 153.29 Subdivision 1. Authorization. (a) A defined benefit relief association, when its 153.3oarticles of incorporation or bylaws so provide, may pay out of the assets of its special fund 153.31a defined benefit service pension to each of its members who: (1) separates from active 153.32service with the fire department; (2) reaches age 50; (3) completes at least five years of 153.33active service as an active member of the municipal fire department to which the relief 153.34association is associated; (4) completes at least five years of active membership with 153.35the relief association before separation from active service; and (5) complies with any 154. ladditional conditions as to age, service, and membership that are prescribed by the bylaws 154.2of the relief association. A service pension computed under this section may be prorated 154.3monthly for fractional years of service; if as the bylaws or articles of incorporation of 154.4the relief association so provide. The bylaws or articles of incorporation may define 154.5a "month," but the definition must require a calendar month to have at least 16 days of 154. active service. If the bylaws or articles of incorporation do not define a "month," a 154. 7"month" is a completed calendar month of active service measured from the member's 154. 8date of entry to the same date in the subsequent month. The service pension earned by a 154.9volunteer firefighter under this chapter and the articles of incorporation and bylaws of the 154. lovolunteer firefighters' relief association may be paid whether or not the municipality or 154.11nonprofit firefighting corporation to which the relief association is associated qualifies for 154. 12the receipt of fire state aid under chapter 69. 154.13(b) In the case of a member who has completed at least five years of active service as 154.14an active member of the fire department to which the relief association is associated on 154. z5the date that the relief association is established and incorporated, the requirement that -64- 154.16the member complete at least five years of active membership with the relief association 154.1 7before separation from active service may be waived by the board of trustees of the relief 154.1sassociation if the member completes at least five years of inactive membership with the 154.19relief association before the date of the payment of the service pension. During the 154.2operiod of inactive membership, the member is not entitled to receive disability benefit 154.21coverage, is not entitled to receive additional service credit towards computation of a 154.22service pension, and is considered to have the status of a person entitled to a deferred 154.23service pension under subdivision 7. 154.24(c) No municipality or nonprofit firefighting corporation may delegate the power to 154.25take final action in setting a service pension or ancillary benefit amount or level to the 154.26board of trustees of the relief association or to approve in advance a service pension or 154.27ancillary benefit amount or level equal to the maximum amount or level that this chapter 154.29WOUld allow rather than a specific dollar amount or level. 154.29(d) No relief association as defined in section 424A.001, subdivision 4, may pay a 154.3odefined benefit service pension or disability benefit to a former member of the relief 154.31association if that person has not separated from active service with the fire department to 154.32which the relief association is directly associated, unless: 154.33(1) the person is employed subsequent to retirement by the municipality or the 154.34independent nonprofit firefighting corporation, whichever applies, to perform duties within 154.35the municipal fire department or corporation on a full -time basis; 155.1(2) the governing body of the municipality or of the corporation has filed its 155.2determination with the board of trustees of the relief association that the person's 155.3experience with and service to the fire department in that person's full -time capacity .155A Would be difficult to replace; and 155.5(3) the bylaws of the relief association were amended to provide for the payment of 155.6a service pension or disability benefit for such full -time employees. 155.7EFFECTIVE DATE.This section is effective July 1, 2009. 155. a Sec. 25. Minnesota Statutes 2008, section 424A.02, subdivision 2, is amended to read: 155.9 Subd. 2. Nonforfeitable portion of service pension. (a) If the articles of 155.1oincorporation or bylaws of a defined benefit relief association so provide, a the relief 155.11association may pay a reduced service pension to a retiring member who has completed 155.12fewer than 20 years of service. The reduced service pension may be paid when the retiring 155.13member meets the minimum age and service requirements of subdivision 1. 155.14(b) The amount of the reduced service pension may not exceed the amount calculated 155.15by multiplying the service pension appropriate for the completed years of service as 155.16specified in the bylaws times multiplied by the applicable nonforfeitable percentage of 155.17pension. -65- 155.18(c) For a defined benefit volunteer firefighter relief association that pays a lump -sum 155.1oservice pension, a monthly benefit service pension, or a lump -sum service pension or a 155.2omonthly benefit service pension as alternative benefit forms, the nonforfeitable percentage 15.5.210f pension amounts are as follows: 155.22 Completed Years of Service Nonforfeitable Percentage of 155.23 Pension Amount 155.24 5 40 percent 155.25 6 44 percent 155.26 7 48 percent 155.27 g 52 percent 155.28 9 56 percent 155.29 10 60 percent 155.30 11 64 percent 155.31 12 68 percent 155.32 13 72 percent 155.33 14 76 percent 155.34 15 80 percent 155.35 16 84 percent 155.36 17 88 percent 155.37 18 92 percent 156.1 19 96 percent 156.2 20 and thereafter 100 percent 156.3(,1) For- . fir .,tion that fighter- .olie f de fi L-d . fAFibHtiE)H volunteer- -e arse pays a 156.4 are as follows- , the nonfe4eitable POFOORtage of pension amounts 156.5 156.6 156.7 5 156.8 ra 156.9 7 156.10 9 156.11 9 156.12 40 and thereaftef 156.13EFFECTIVE DATE.This section is effective July 1, 2009. 156.14 Sec. 26. Minnesota Statutes 2008, section 424A.02, subdivision 3, is amended to read: 156.15 Subd. 3. Flexible service pension maximums. (a) Annually on or before August 1 156.16as part of the certification of the financial requirements and minimum municipal obligation 156. 17determined under section 69.772, subdivision 4, or 69.773, subdivision 5, as applicable, .. 156. 18the secretary or some other official of the relief association designated in the bylaws of 156.19each defined benefit relief association shall calculate and certify to the governing body 156.200f the applicable qualified municipality the average amount of available financing per 156.21active covered firefighter for the most recent three -year period. The amount of available 156.22financing shall inelude includes any amounts of fire state aid received or receivable by the 156.23relief association, any amounts of municipal contributions to the relief association raised 156.24from levies on real estate or from other available revenue sources exclusive of fire state 156.25aid, and one -tenth of the amount of assets in excess of the accrued liabilities of the relief 156.26association calculated under section 69.772, subdivision 2; 69.773, subdivisions 2 and 4; 156.27or 69.774, subdivision 2, if any. 156.28 (b) The maximum service pension which the defined benefit relief association has 156.29authority to provide for in its bylaws for payment to a member retiring after the calculation 156.3odate when the minimum age and service requirements specified in subdivision I are met 1.56.31must be determined using the table in paragraph (c) or (d), whichever applies. 156.32 (c) For a defined benefit relief association where the governing bylaws provide for 156.33a monthly service pension to a retiring member, the maximum monthly service pension 156.34amount per month for each year of service credited that may be provided for in the bylaws 156.35is the greater of the service pension amount provided for in the bylaws on the date of the 156.36calculation of the average amount of the available financing per active covered firefighter 157. for the maximum service pension figure corresponding to the average amount of available 157.2financing per active covered firefighter: 157.3 Minimum Average Amount of Available Maximum Service Pension Amount 157.4 Financing per Firefighter Payable per Month for Each 157.5 Year of Service 157.6 $ ... $ .25 157.7 41 .50 157.8 81 1.00 157.9 122 1.50 157.10 162 2.00 157.11 203 2.50 157.12 243 3.00 157.13 284 3.50 157.14 324 4.00 157.15 365 4.50 157.16 405 5.00 157.17 486 6.00 157.18 567 7.00 157.19 648 8.00 -67- 157.20 729 9.00 157.21 810 10.00 157.22 891 11.00 157.23 972 12.00 157.24 1053 13.00 157.25 1134 14.00 157.26 1215 15.00 157.27 1296 16.00 157.28 1377 17.00 157.29 1458 18.00 157.30 1539 19.00 157.31 1620 20.00 157.32 1701 21.00 157.33 1782 22.00 157.34 1823 22.50 157.35 1863 23.00 157.36 1944 24.00 157.37 2025 25.00 157.38 2106 26.00 157.39 2187 27.00 157.40 2268 28.00 157.41 2349 29.00 157.42 2430 30.00 157.43 2511 31.00 157.44 2592 32.00 158.1 2673 33.00 158.2 2754 34.00 158.3 2834 35.00 158.4 2916 36.00 158.5 2997 37.00 158.6 3078 38.00 158.7 3159 39.00 158.8 3240 40.00 158.9 3321 41.00 158.10 3402 42.00 158.11 3483 43.00 158.12 3564 44.00 158.13 3645 45.00 •: 158.14 3726 46.00 158.15 3807 47.00 158.16 3888 48.00 158.17 3969 49.00 158.18 4050 50.00 158.19 4131 51.00 158.20 4212 52.00 158.21 4293 53.00 158.22 4374 54.00 158.23 4455 55.00 158.24 4536 56.00 158.25 Effective beginning December 31, 2008 158.26 4617 57.00 158.27 4698 58.00 158.28 4779 59.00 158.29 4860 60.00 158.30 4941 61.00 158.31 5022 62.00 158.32 5103 63.00 158.33 5184 64.00 158.34 5265 65.00 158.35 Effective beginning December 31, 2009 158.36 5346 66.00 158.37 5427 67.00 158.38 5508 68.00 158.39 5589 69.00 158. 40 5670 70.00 158.41 5751 71.00 158.42 5832 72.00 158.43 5913 73.00 159.1 5994 74.00 159.2 Effective beginning December 31, 2010 159.3 6075 75.00 159.4 6156 76.00 159.5 6237 77.00 159.6 6318 78.00 159.7 6399 79.00 159.8 6480 80.00 .• 159.9 6561 81.00 159.10 6642 82.00 159.11 6723 83.00 159.12 Effective beginning December 31, 2011 159.13 6804 84.00 159.14 6885 85.00 159.15 6966 86.00 159.16 7047 87.00 159.17 7128 88.00 159.18 7209 89.00 159.19 7290 90.00 159.20 7371 91.00 159.21 7452 92.00 159.22 Effective beginning December 31, 2012 159.23 7533 93.00 159.24 7614 94.00 159.25 7695 95.00 159.26 7776 96.00 159.27 7857 97.00 159.28 7938 98.00 159.29 8019 99.00 159.30 8100 100.00 159.31 any amount in excess of 159.32 8100 100.00 159.33 (d) For a defined benefit relief association in which the governing bylaws provide 159.34for a lump -sum service pension to a retiring member, the maximum lump -sum service 159.35pension amount for each year of service credited that may be provided for in the bylaws is 159.36the greater of the service pension amount provided for in the bylaws on the date of the 159.37calculation of the average amount of the available financing per active covered firefighter 159.3sor the maximum service pension figure corresponding to the average amount of available 159.39financing per active covered firefighter for the applicable specified period: 160.1 Minimum Average Amount of Available Maximum Lump -Sum Service 160.2 Financing g per Firefighter Pension Amount Payable for Each Year of Service 160.4 $ ... $ 10 160.5 11 20 160.6 16 30 160.7 23 40 -70- 160.8 27 50 160.9 32 60 160.10 43 80 160.11 54 100 160.12 65 120 160.13 77 140 160.14 86 160 160.15 97 180 160.16 108 200 160.17 131 240 160.18 151 280 160.19 173 320 160.20 194 360 160.21 216 400 160.22 239 440 160.23 259 480 160.24 281 520 160.25 302 560 160.26 324 600 160.27 347 640 160.28 367 680 160.29 389 720 160.30 410 760 160.31 432 800 160.32 486 900 160.33 540 1000 160.34 594 1100 160.35 648 1200 160.36 702 1300 160.37 756 1400 160.38 810 1500 160.39 864 1600 160.40 918 1700 160.41 972 1800 160.42 1026 1900 160.43 1080 2000 160.44 1134 2100 161.1 1188 2200 -71- 161.2 1242 2300 161.3 1296 2400 161.4 1350 2500 161.5 1404 2600 161.6 1458 2700 161.7 1512 2800 161.8 1566 2900 161.9 1620 3000 161.10 1672 3100 161.11 1726 3200 161.12 1753 3250 161.13 1780 3300 161.14 1820 3375 161.15 1834 3400 161.16 1888 3500 161.17 1942 3600 161.18 1996 3700 161.19 2023 3750 161.20 2050 3800 161.21 2104 3900 161.22 2158 4000 161.23 2212 4100 161.24 2265 4200 161.25 2319 4300 161.26 2373 4400 161.27 2427 4500 161.28 2481 4600 161.29 2535 4700 161.30 2589 4800 161.31 2643 4900 161.32 2697 5000 161.33 2751 5100 161.34 2805 5200 161.35 2859 5300 161.36 2913 5400 161.37 2967 5500 161.38 3021 5600 161.39 3075 5700 -72- 161.40 3129 5800 161.41 3183 5900 161.42 3237 6000 161.43 3291 6100 162.1 3345 6200 162.2 3399 6300 162.3 3453 6400 162.4 3507 6500 162.5 3561 6600 162.6 3615 6700 162.7 3669 6800 162.8 3723 6900 162.9 3777 7000 162.10 3831 7100 162.11 3885 7200 162.12 3939 7300 162.13 3993 7400 162.14 4047 7500 162.15 Effective beginning December 31, 2008 162.16 4101 7600 162.17 4155 7700 162.18 4209 7800 162.19 4263 7900 162.20 4317 8000 162.21 4371 8100 162.22 4425 8200 162.23 4479 8300 162.24 Effective beginning December 31, 2009 162.25 4533 8400 162.26 4587 8500 162.27 4641 8600 162.28 4695 8700 162.29 4749 8800 162.30 4803 8900 162.31 4857 9000 162.32 4911 9100 162.33 Effective beginning December 31, 2010 162.34 4965 9200 -73- 162.35 5019 9300 162.36 5073 9400 162.37 5127 9500 162.38 5181 9600 162.39 5235 9700 162.40 5289 9800 162.41 5343 9900 162.42 5397 10,000 163.1 any amount in excess of 163.2 5397 10,000 163.3 (e) For a defined benefit relief association in which the governing bylaws provide 163.4for a monthly benefit service pension as an alternative form of service pension payment 163. sto a lump -sum service pension, the maximum service pension amount for each pension 163.6payment type must be determined using the applicable table contained in this subdivision. 163.7 (f) If a defined benefit relief association establishes a service pension in compliance 163. swith the applicable maximum contained in paragraph (c) or (d) and the minimum average 163.9amount of available financing per active covered firefighter is subsequently reduced 163. lobecause of a reduction in fire state aid or because of an increase in the number of active 163.11firefighters, the relief association may continue to provide the prior service pension 163.12amount specified in its bylaws, but may not increase the service pension amount until 163.13the minimum average amount of available financing per firefighter under the table in 163.14paragraph (c) or (d), whichever applies, permits. 163.15 (g) No defined benefit relief association is authorized to provide a service pension in 163.16an amount greater than the largest - applicable flexible service pension maximum amount 163.17even if the amount of available financing per firefighter is greater than the financing 163.18amount associated with the largest applicable flexible service pension maximum. 163.19(h) The method of calculating service pensions must be applied uniformly for all 163.2oyears of active service. Credit must be given for all years of active service except for caps 163.21on service credit if so provided in the bylaws of the relief association. 163.22EFFECTIVE DATE.This section is effective July 1, 2009. 163.23 Sec. 27. Minnesota Statutes 2008, section 424A.02, subdivision 3a, is amended to read: 163.24 Subd. 3a. Penalty for paying pension greater than applicable maximum. (a) 163.25If a defined benefit relief association pays a service pension greater than the maximum 163.26service pension associated with the applicable average amount of available financing per 163.27active covered firefighter under the table in subdivision 3, paragraph (c) or (d), whichever 163.2sapplies, the maximum service pension under subdivision 3, paragraph (f), or the applicable 163.29maximum service pension amount specified in subdivision 3, paragraph (g), whichever is 163.3oless, the state auditor shall: 163.31(1) disqualify the municipality or the nonprofit firefighting corporation associated 163.32with the relief association from receiving fire state aid by making the appropriate 163.33notification to the municipality and the commissioner of revenue, with the disqualification 163.34applicable for the next apportionment and payment of fire state aid; and 164. 1(2) order the treasurer of the applicable relief association to recover the amount of 164.2the overpaid service pension or pensions from any retired firefighter who received an 164.3overpayment. 164.4(b) Fire state aid amounts from disqualified municipalities for the period of -74- 164.5di5qualification5 under paragraph (a), clause (1), must be credited to the amount of 164.6fire insurance premium tax proceeds available for the next subsequent fire state aid 164. 7apportionment. 164.9(c) The amount of any overpaid service pension recovered under paragraph (a), 164.9clause (2), must be credited to the amount of fire insurance premium tax proceeds 164. loavailable for the next subsequent fire state aid apportionment. 164.11(d) The determination of the state auditor that a relief association has paid a service 164.12pension greater than the applicable maximum must be made on the basis of the information 164.13filed by the relief association and the municipality with the state auditor under sections 164.1469.011, subdivision 2 , and 69.051, subdivision 1 or I a, whichever applies, and any other 164.15relevant information that comes to the attention of the state auditor. The determination 164.16of the state auditor is final. An aggrieved municipality, relief association, or person may 164.17appeal the determination under section 480A.06. 164.18EFFECTIVE DATE.This section is effective July 1, 2009. 164.19 Sec. 28. Minnesota Statutes 2008, section 424A.02, subdivision 7, is amended to read: 164.20 Subd. 7. Deferred service pensions. (a) A member of a defined benefit relief 164.21association is entitled to a deferred service pension if the member: 164.22 (1) has completed the lesser of either the minimum period of active service with 164.23the fire department specified in the bylaws or 20 years of active service with the fire 164.24department; 164.25 (2) has completed at least five years of active membership in the relief association; 164.26and 164.27 (3) separates from active service and membership before reaching age 50 or the 164.28minimum age for retirement and commencement of a service pension specified in the 164.29bylaws governing the relief association if that age is greater than age 50. 164.30 (b) The deferred service pension is payable when the former member reaches age 164.3150, or th@ minimum age specified in the bylaws governing the relief association if that age 164.32is greater than age 50, and when the former member makes a valid written application. 164.33 (c) A defined benefit relief association that provides a lump -sum service pension 164.34governed by subdivision 3 may, when its governing bylaws so provide, pay interest on the 16s. ldeferred lump -sum service pension during the period of deferral. If provided for in the 165.2bylaws, interest must be paid in one of the following manners: 165.3 (1) at the investment performance rate actually earned on that portion of the assets 165.41E the deferred benefit amount is invested by the relief association in a separate account 165.5established and maintained by the relief association or if the deferred benefit amount is 165.6invested in a separate investment vehicle held by the relief association; or 165.7 (2) at an interest rate of up to five percent, compounded annually, asset by the board 165. sof directors and approved as provided in subdivision 10. 165.9 (d) Interest under paragraph (c), clause (2), is payable following the date on which 165.1othe municipality has approved the deferred service pension interest rate established by 165. lithe board of trustees. 165.12 (e) A relief arse i tion that provides a do-fined- ..a tiib tie 165.1 , 165.140H th@ .lofeffe 1,,MP SUM S o during g the period of defeFFa1 if pr,,yide,l f 165.1 , the ipAer-est must be paid in one E)f the . ified in paragraph 165.1 165.1 i9pr-opeftion to the share of the assets of the speeial fund to the er-edit of eaeb. i_ndividi l65.19`1°f_*ed member- a....eunt thfo,,g the .late an .,,1 ieh the iflye- 4me.,t .et,,.-., is o ze 165.2 . -75- 165.21 (4) ( For a deferred service pension that is transferred to a separate account 165.22established and maintained by the relief association or separate investment vehicle held 165.23by the relief association, the deferred member bears the full investment risk subsequent 165.29to transfer and in calculating the accrued liability of the volunteer firefighters relief 165.25association that pays a lump -sum service pension, the accrued liability for deferred service 165.26pensions is equal to the separate relief association account balance or the fair market value .165.270f the separate investment vehicle held by the relief association. 165.28 W (tThe deferred service pension is governed by and must be calculated under 165.29the general statute, special law, relief association articles of incorporation, and relief 165.3oassociation bylaw provisions applicable on the date on which the member separated from 165.31active service with the fire department and active membership in the relief association. 165.32EFFECTIVE DATE.This section is effective July 1, 2009. 165.33 Sec. 29. Minnesota Statutes 2008, section 424A.02, subdivision 8, is amended to read: 165.39 Subd. 8. Lump -sum service pensions; installment payments. (a) Any A defined 165.35benefit relief association, if the governing bylaws so provide, may pay, at the option of the 166.1' ° *�° -� °m'- Aff intended recipient and in lieu of a single payment of a lump -sum service 166.2pension or survivor benefit, a lump -sum service pension or survivor benefit in installments. 166.3(b) The election of installment payments she is irrevocable and sha4 must be 166.9made by the Fetir-ing memleF intended recipient in writing and filed with the secretary of 166. Sthe relief association no later than 30 days prier to before the commencement of payment 166.6of the service pension or survivor benefit. The amount of the installment payments shff4 166. 7must be determined .'° . °"4-w,' - *.'° ' _-Fegate installment payments 166. , eempounded annually, is equal to the affieunt 166. 166.1 .166.11at the Fate Of fiVe PeFGent, 166.1 166. 1 .166.14date of payment for the euFFefA ifistallment paMent in any reasonable manner provided 266.15for in the governing bylaws, but the total amount of installment payments may not exceed 166. 16the single payment service pension amount plus interest at an annual rate of five percent 166. 17on the amount of delayed payments for the period during which payment was delayed. 166. I8(6) To the extent that the a eemmer-ee me, deems it to be . or- 166.19PFaOtiGal, , 166.2 . 166.21EFFECTIVE DATE.This section is effective July 1, 2009. 166.22 Sec. 30. Minnesota Statutes 2008, section 424A.02, subdivision 9, is amended to read: 166.23 Subd. 9. Limitation on ancillary benefits. Any A defined benefit relief association, 166.29including any volunteer firefighters relief association governed by section 69.77 or any 166.25volunteer firefighters division of a relief association governed by chapter 424, may only 166.26pay ancillary benefits which would constitute an authorized disbursement as specified in 166.27section 424A.05 subject to the following requirements or limitations: 166.28 (1) with respect to a defined benefit relief association in which governing bylaws 166.29provide for a lump -sum service pension to a retiring member, no ancillary benefit may 166.3obe paid to any former member or paid to any person on behalf of any former member 166.31after the former member (i) terminates active service with the fire department and active 166.32membership in the relief association; and (ii) commences receipt of a service pension as 166.33authorized under this section; and 166.39 (2) with respect to any defined benefit relief association, no ancillary benefit paid or -76- 166.35payable to any member, to any former member, or to any person on behalf of any member 167. for former member, may exceed in amount the total earned service pension of the member 167.2or former member. The total earned service pension must be calculated by multiplying 167.3the service pension amount specified in the bylaws of the relief association at the time of 167. adeath or disability, whichever applies, by the years of service credited to the member or 167.5former member. The years of service must be determined as of (i) the date the member or 167.6former member became entitled to the ancillary benefit; or (ii) the date the member or 167.7former member died entitling a survivor or the estate of the member or former member to 167. can ancillary benefit. The ancillary benefit must be calculated without regard to whether the 167.9member had attained the minimum amount of service and membership credit specified in 167. lothe governing bylaws. For active members, the amount of a permanent disability benefit 167.11or a survivor benefit must be equal to the member's total earned service pension except 167.12that the bylaws of any a defined benefit relief association may provide for the payment of 167.13a survivor benefit in an amount not to exceed five times the yearly service pension amount 167.14specified in the bylaws on behalf of any member who dies before having performed five 167.15years of active service in the fire department with which the relief association is affiliated. 167.16EFFECTIVE DATE.This section is effective Julv 1, 2009. 167.17 Sec. 31. Minnesota Statutes 2008, section 424A.02, subdivision 9a, is amended to read: 167.18 Subd. 9a. Postretirement increases. Notwithstanding any provision of general or 167. I9special law to the contrary, a defined benefit relief association paying a monthly service 167.2opension may provide a postretirement increase to retired members and ancillary benefit 167.21recipients of the relief association if (1) the relief association adopts an appropriate bylaw 167.22amendment; and (2) the bylaw amendment is approved by the municipality pursuant to 167.23subdivision 10 and section 69.773, subdivision 6. The postretirement increase shall be 167.24is applicable only to retired members and ancillary benefit recipients receiving a service 167.25pension or ancillary benefit as of the effective date of the bylaw amendment. The authority 167.26to provide a postretirement increase to retired members and ancillary benefit recipients 167.27of a relief association contained in this subdivision shall supersede supersedes any prior 167.28special law authorization relating to the provision of postretirement increases. 167.29EFFECTIVE DATE.This section is effective July 1, 2009. 167.30 Sec. 32. Minnesota Statutes 2008, section 424A.02, subdivision 9b, is amended to read: 167.31 Subd. 9b. Repayment of service pension in certain instances. If a retired 167.32volunteer firefighter does not permanently separate from active firefighting service as 167.33required by subdivision 1 and section 424A.001, subdivision 9, by resuming active service 168. 1as a firefighter in the same volunteer fire department or as a person in charge of firefighters 168.2in the same volunteer fire department, no additional service pension amount is payable 168.3to the person, no additional service is creditable to the person, and the person shall must 168. Qrepay to the defined benefit relief association any previously received service pension. 168.5EFFECTIVE DATE.This section is effective July 1, 2009. 168.6 Sec. 33. Minnesota Statutes 2008, section 424A.02, subdivision 10, is amended to read: 1058.7 Subd. 10. Local approval of bylaw amendments; filing requirements. (a) Each me. 8defined benefit relief association to which this section applies shall must file a revised 16e. 9copy of its governing bylaws with the state auditor upon the adoption of any amendment 168.10to its governing bylaws by the relief association or upon the approval of any amendment 16e. 11to its governing bylaws granted by the governing body of each municipality served by the 168.12fire department to which the relief association is directly associated. Failure of the relief 168.13association to file a copy of the bylaws or any bylaw amendments with the state auditor .168.24shall disquali disqualifies the municipality from the distribution of any future fire state -77- 168.15aid until this filing requirement has been completed. 168.16(b) If the special fund of the relief association does not have a surplus over full 168.17funding pxfsuant-to under section 69.772, subdivision 3, clause (2), subclause (e), or 168.1869.773, subdivision 4, and if the municipality is required to provide financial support to 168.19the special fund of the relief association pursuant to under section 69.772 or 69.773, no 168.2obylaw amendment which would affect the amount of, the manner of payment of, or the 168.21conditions for qualification for service pensions or ancillary benefits or disbursements 168.22other than administrative expenses authorized pur-suafit e under section 69.80 payable 168.23from the special fund of the relief association shall be is effective until it has been ratified 168.24by the governing body or bodies of the appropriate municipalities. If the municipality is 168.25not required to provide financial support to the special fund puFsHaRt to under this section, 168.26the relief association may adopt or amend without municipal ratification its articles 168.270f incorporation or bylaws which increase or otherwise affect the service pensions or 168.28ancillary benefits payable from the special fund so long as the changes do not cause the 168.29amount of the resulting increase in the accrued liability of the special fund to exceed 90 168.3opercent of the amount of the pFier surplus over full funding reported in the prior year and 168.31the changes do not result in the financial requirements of the special fund exceeding the 168.32expected amount of the €utu subsequent calendar year's fire state aid to be received 168.33by the relief association. 168.34(c) If the relief association pays only a lump -sum pension, the financial requirements 168.35are to be determined by the board of trustees following the preparation of an estimate 169.1of the expected increase in the accrued liability and annual accruing liability of the 169.2relief association attributable to the change. If the relief association pays a monthly 169.3benefit service pension, the financial requirements are to be determined by the board of 169. atrustees following either an updated actuarial valuation including the proposed change 169.5or an estimate of the expected actuarial impact of the proposed change prepared by the 169.6actuary of the relief association. If a relief association adopts or amends its articles of 169.7incorporation or bylaws without municipal ratification paFsuant -te under this subdivision, 169. sand, subsequent to the amendment or adoption, the financial requirements of the special .2 69.9fund puFsuant to under this section are such so as to require financial support from the 169.1omunicipality, the provision which was implemented without municipal ratification shall is 169.11no longer be effective without municipal ratification, and any service pensions or ancillary 169. 12benefits payable after that date sha4 must be paid only in accordance with the articles of 169.13incorporation or bylaws as amended or adopted with municipal ratification. 169.14EFFECTIVE DATE.This section is effective July 1, 2009. 169.15 Sec. 34. Minnesota Statutes 2008, section 424A.02, subdivision 12, is amended to read: 169.16 Subd. 12. Transfer of service credit to new district. Notwithstanding the 169.17requirements of subdivision 1 or any other law, a member of a fire department which is 169.18disbanded upon formation of a fire district to serve substantially the same geographic 169.19area, who serves as an active firefighter with the new district fire department, and is a 169.2omember of the district firefighters' defined benefit relief association shall be is entitled 169.21to a nonforfeitable service pension from the new relief association upon completion of 169.22a combined total of 20 years active service in the disbanded and the new departments. 169.23The amount of the service pension shall be is based upon years of service in the new 169.24department only, and shall must be in an amount equal to the accrued liability for the 169.25appropriate years of service calculated in accordance with section 69.772, subdivision 2. 169.26 Sec. 35. Minnesota Statutes 2008, section 424A.02, subdivision 13, is amended to read: 169.27 Subd. 13. Combined service pensions. (a) If the articles of incorporation or bylaws 169.280f the defined benefit relief associations so provide, a volunteer firefighter with credit for -78- 169.295ervice as an active firefighter in more than one defined benefit volunteer firefighters relief 169.3oassociation is entitled, when the applicable requirements of paragraph (b) are met and 169.31when otherwise qualified, to a prorated service credit from each relief association. 169.32(b) A volunteer firefighter receiving a prorated service pension under this subdivision 169.33must have a total amount of service credit of ten years or more, if the bylaws of every 169.34affected relief association Bees do not rye specify only a five -year service vesting 170. lrequirement, or five years or more, if the bylaws of every affected relief association 170.2r-eques require only a five -year service vesting requirement, as a member of two or more 170.3relief associations otherwise qualified. The member must have one year or more of service 170. 4credit in each relief association. The prorated service pension must be based on the service 170. spension amount in effect for the relief association on the date on which active volunteer 170.6firefighting services covered by that relief association terminate. To receive a service 170. 7pension under this subdivision, the firefighter must become a member of the second or 170. ssucceeding association and must give notice of membership to the prior association within 170.9two years of the date of termination of active service with the prior association. The notice 170. iomust be attested to by the second or subsequent relief association secretary. 170.11EFFECTIVE DATE.This section is effective July 1, 2009. 170.12 Sec. 36. Minnesota Statutes 2008, section 424A.021, is amended to read: 170.13424A.021 CREDIT FOR BREAK IN SERVICE TO PROVIDE UNIFORMED 170.14SERVICE. 170.15 Subdivision 1. Authorization. Subject to restrictions stated in this section, a 170.16volunteer firefighter who is absent from firefighting service due to service in the uniformed 170.17services, as defined in United States Code, title 38, section 4303(13), may obtain service 170.1scredit if the relief association is a defined benefit plan or an allocation of any fire sta 170.1 by the relief 170.2oassociation as though the person was an active member if the relief association is a defined 170.21contribution plan for the period of the uniformed service, not to exceed five years, unless a 170.221onger period is required under United States Code, title 38, section 4312. 170.23 Subd. 2. Limitations. (a) To be eligible for service creditor an investment r-etuf _ 170.24allocation as though an active member under this section, the volunteer firefighter must 170.25return to firefighting service with coverage by the same relief association or by the 170.26successor to that relief association upon discharge from service in the uniformed service 170.27within the time frame required in United States Code, title 38, section 4312(e). 170.28(b) Se: ✓ice credit or an investment r to allocation as though an active member is 170.29not authorized if the firefighter separates from uniformed service with a dishonorable or 170.3obad conduct discharge or under other than honorable conditions. 170.31(c) Service credit or an iffiPABStMent retum allocation as though an active member 170.32is not authorized if the firefighter fails to provide notice to the fire department that the 170.33individual is leaving to provide service in the uniformed service, unless it is not feasible to 170.34provide that notice due to the emergency nature of the situation. 171.1EFFECTIVE DATE.This section is effective July 1, 2009. 171.2 Sec. 37. Minnesota Statutes 2008, section 424A.03, is amended to read: 171.3424A.03 UNIFOPJYWY OF VOLUNTEER FIREFIGHTER SERVICE 171.4PENSION AND RETIREMENT BENEFITS. 171. s Subdivision 1. Limitation on nonuniformity of pensions. Every partially salaried 171. band partially volunteer firefighters' relief association shat} must provide service pensions 171. Ito volunteer firefighter members based on the years of service of the members not on 171. ethe compensation paid to the members for firefighting services. Each relief association 171.9sha -4 must provide service pensions to salaried members as set forth in chapter 424 and -79- 171.1oapplicable special laws. 171.11 Subd. 2. Penalties for violations. Any A municipality which has afire department i7i.12t:ahieh associated with a relief association which violates the provisions of subdivision 171. 131 is directly associated or which contracts with an independent nonprofit firefighting in.14ccrporation Af which associated with a relief association which violates the provisions 171.15of subdivision 1 is a subsidiary shall may not be included in the apportionment of fire 171.1estate aid to the applicable county auditor pursuant to 171.17under section 69.021, subdivision 6, and shall may not be included in the apportionment 171.1sof fire state aid by the county auditor to the various municipalities pursuant to under 171.19section 69.021, subdivision 7. 171.20 Subd. 3. Exception to application of limitation and penalty. The limitation 171.21provided for in subdivision 1 shall does not apply to any relief association which priefto 171.22before January 1, 1957, had established a definite service pension formula for members 171. 230f the partially salaried and partially volunteer firefighters' relief association who are 171.24regularly employed firefighters. 171.25EFFECTIVE DATE.This section is effective July 1, 2009. 171.26 Sec. 38. Minnesota Statutes 2008, section 424A.04, is amended to read: 171.27424A.04 VOLUNTEER RELIEF ASSOCIATIONS; BOARD OF TRUSTEES. 171.28 Subdivision 1. Membership. (a) A relief association that is directly associated with 171.29a municipal fire department must be managed by a board of trustees consisting of nine .2 71.3omembers. Six trustees must be elected from the membership of the relief association and 171.31three trustees must be drawn from the officials of the municipalities served by the fire 171.32department to which the relief association is directly associated. The bylaws of a relief 171.33association which provides a monthly benefit service pension may provide that one of 172.1the six trustees elected from the relief association membership may be a retired member 172.2receiving a monthly pension who is elected by the membership of the relief association, 172.3The three municipal trustees must be one elected municipal official and one elected or 172.4appointed municipal official who are designated as municipal representatives by the 172.5municipal governing board annually and the chief of the municipal fire department. 172.6(b) A relief association that is a subsidiary of an independent nonprofit firefighting 172. 7corporation must be managed by a board of trustees consisting of nine members. Six 172. strustees must be elected from the membership of the relief association, two trustees must 172.9be drawn from the officials of the municipalities served by the fire department to which 172.1othe relief association is directly associated, and one trustee shall must be the fire chief 172.1lserving with the independent nonprofit firefighting corporation. The bylaws of a relief 172.12association may provide that one of the six trustees elected from the relief association 172.13membership may be a retired member receiving a monthly pension who is elected by the 172.14membership of the relief association. The two municipal trustees must be elected or 172.15appointed municipal officials, selected as follows: 172.16(1) if only one municipality contracts with the independent nonprofit firefighting 172. 17corporation, the municipal trustees must be two officials of the contracting municipality 172.1swho are designated annually by the governing body of the municipality; or 172.19(2) if two or more municipalities contract with the independent nonprofit corporation, 172.2othe municipal trustees must be one official from each of the two largest municipalities 172.21in population who are designated annually by the governing bodies of the applicable 172.22municipalities. .2 72.23(c) The municipal trustees for a relief association that is directly associated with a 172.24fire department operated as or by a joint powers entity must be the fire chief of the fire 172.25department and two trustees designated annually by the joint powers board. The municipal 172.26trustees for a relief association that is directly associated with a fire department service :1 172.27area township must be the fire chief of the fire department and two trustees designated by 172.28the township board. 172.29(d) If a relief association lacks the municipal board members provided for in 172.3oparagraph (a), (b), or (c) because the fire department is not located in or associated with an 172.31organized municipality, joint powers entity, or township, the municipal board members 172.32must be the fire chief of the fire department and two board members appointed from the 172.33fire department service area by the board of commissioners of the applicable county. 172.34(e) The term of these the appointed municipal board members is one year or until the 172.35person's successor is qualified, whichever is later. 173.1(f) A municipal trustee under paragraph (a), (b), (c), or (d) has all the rights 173.2and duties accorded to any other trustee, except the right to be an officer of the relief 1. 73. 3association board of trustees. 173.4(g) A board must have at least three officers, who are a president, a secretary and a 173.5treasurer. These officers must be elected from among the elected trustees by either the full 173. aboard of trustees or by the relief association membership, as specified in the bylaws. In 173.7no event may any trustee hold more than one officer position at any one time. The terms 173. eof the elected trustees and of the officers of the board must be specified in the bylaws of 173. 9the relief association, but may not exceed three years. If the term of the elected trustees 173.1oexceeds one year, the election of the various trustees elected from the membership must be 173. 1lstaggered on as equal a basis as is practicable. 173.12 Subd. 2. Fiduciary duty. The board of trustees of a relief association shall 173.13undertake their activities consistent with chapter 356A. 173.14 Subd. 2a. Fiduciary responsibility. In the discharge of their respective duties, the 173.15officers and trustees shall be held to the standard of care specified in section I IA.09. In 173.16addition, the trustees shall act in accordance with chapter 356A. Each member of the 173.17board is a fiduciary and shall undertake all fiduciary activities in accordance with the 173.1estandard of care of section 11 A.09, and in a manner consistent with chapter 356A. No 173.19fiduciary of a relief association shall cause a relief association"to engage in a transaction if 173.2othe fiduciary knows or should know that the transaction constitutes one of the following 173.21direct or indirect transactions: 173.22(1) sale or exchange or leasing of any real property between the relief association 173.23and a board member; 173.24(2) lending of money or other extension of credit between the relief association and 173.25a board member or member of the relief association; 173.26(3) furnishing of goods, services, or facilities between the relief association and a 173.27board member; or 173.244) transfer to a board member, or use by or for the benefit of a board member, of any 173.29assets of the relief association. A transfer of assets does not mean the payment of relief 173.3oassociation benefits or administrative expenses permitted by law. 173.31 Subd. 3. Conditions on relief association consultants. (a) If a volunteer firefighter 173.32relief association hires employs or contracts with a consultant to provide legal or financial 173.33advice, the secretary of the relief association shall obtain and the consultant shall provide 173.34to the secretary of the relief association a copy of the consultant's certificate of insurance. 174.1(b) A consultant is any person who is employed under contract to provide legal or 174.2financial advice and who is or who represents to the volunteer firefighter relief association 174.3that the person is: 174.4(1) an actuary; 174.5(2) a licensed public accountant or a certified public accountant; 174. 6(3) an attorney; 174.7(4) an investment advisor or manager, or an investment counselor; 174. s(5) an investment advisor or manager selection consultant; 174.9(6) a pension benefit design advisor or consultant; or 174.1o(7) any other financial consultant. 174.11EFFECTIVE DATE.This section is effective July 1, 2009. 174.12 Sec. 39. Minnesota Statutes 2008, section 424A.05, subdivision 1, is amended to read: 174.13 Subdivision 1. Establishment of special fund. Every volunteer firefighters' relief 174.14association shall establish and maintain a special fund within the relief association. 174.15EFFECTIVE DATE.This section is effective July 1, 2009. 174.16 Sec. 40. Minnesota Statutes 2008, section 424A.05, subdivision 2, is amended to read: 174.17 Subd. 2. Special fund assets and revenues. The special fund shall must be credited 174.1swith all fire state aid moneys received pursuant te under sections 69.011 to 69.051, 174. 19all taxes levied by or other revenues received from the municipality pursuant to under 174.2osections 69.771 to 69.776 or any applicable special law requiring municipal support for 174.21the relief association, any moneys or property donated, given, granted or devised by any 174.22person which is specified for use for the support of the special fund and any interest or 174.23investment return earned upon the assets of the special fund. The treasurer of the relief 174.24association shade is the custodian of the assets of the special fund and shall must be the 174.25recipient on behalf of the special fund of all revenues payable to the special fund. The 174.26treasurer shall maintain adequate records documenting any transaction involving the assets 174.27or the revenues of the special fund. These records and the bylaws of the relief association 174.2913kall he are public and shA must be open for inspection by any member of the relief 174.29association, any officer or employee of the state or of the municipality, or any member of 174.3othe public, at reasonable times and places. 174.31EFFECTIVE DATE.This section is effective July 1, 2009. 174.32 Sec. 41. Minnesota Statutes 2008, section 424A.05, subdivision 3, is amended to read: 175.1 Subd. 3. Authorized disbursements from the special fund. (a) Disbursements 175.2from the special fund are MAy not Ito be made for any purpose other than one of 175.3the following: 175.4 (1) for the payment of service pensions to retired members of the relief association if 175.5authorized and paid under law and the bylaws governing the relief association; 175.6 (2) for the payment of temporary or permanent disability benefits to disabled 175.7members of the relief association if authorized and paid pursuant to under law and 175. aspecified in amount in the bylaws governing the relief association; 175.9 (3) for the payment of survivor benefits to surviving spouses and surviving children, 175.1oor if none, to designated beneficiaries, of deceased members of the relief association, and 175. llif no survivors and if no designated beneficiary, for the payment of a death benefit to the 175.12estate of the deceased active or deferred firefighter, if authorized by and paid pursuant to 175.13under law and specified in amount in the bylaws governing the relief association; 175.14 (4) for the payment of the fees, dues and assessments to the Minnesota State Fire 175. 15Department Association, and to the Minnesota Area Relief Association Coalition, -and4e 175.16*'° state Volunteer- Fir -e fight Benefit ^ sseeiatio . in order to entitle relief association 175.17members to membership in and the benefits of these associations or organizations; and 175.1x(5) for the payment of insurance premiums to the state Volunteer Firefighters Benefit 175.19Association, or an insurance company licensed by the state of Minnesota offering casualty 175.2oinsurance, in order to entitle relief association members to membership in and the benefits 175.2.10f the association or organization; and 175.22 (15) (6) for the payment of administrative expenses of the relief association as 175.23authorized under section 69.80. 175.24 (b) For purposes of this chapter, for a monthly benefit volunteer fire relief association 175.25or for a combination lum -sum and monthly benefit volunteer fire relief association where 175.26a monthly benefit service pension has been elected by or a monthly benefit is payable with 175.27respect to a firefighter, a designated beneficiary must be a natural person. For purposes of 175.28this chapter, for a defined contribution volunteer fire relief association, for a lump -sum 175.29volunteer fire relief association, or for a combination lump -sum and monthly benefit .2 75.3oyolunteer fire relief association where a lump -sum service pension has been elected by 175.31or a lump -sum benefit is payable with respect to a firefighter, a designated beneficiary 175.32may be a trust created under chapter 50113. 175.33EFFECTIVE DATE.This section is effective July 1, 2009. 175.34 Sec. 42. Minnesota Statutes 2008, section 424A.05, subdivision 4, is amended to read: 176.1 Subd. 4. Investments of assets of the special fund. The assets of the special fund 176.2s1*11 must be invested only in securities authorized by section 69.775. 176.3EFFECTIVE DATE.This section is effective July 1, 2009. 176.4 Sec. 43. Minnesota Statutes 2008, section 424A.06, is amended to read: 176.5424A.06 RELIEF ASSOCIATION GENERAL FUND. 176.6 Subdivision 1. Establishment of general fund. Aany A volunteer firefighters' relief 176.7association may establish and maintain a general fund within the relief association. 176. a Subd. 2. General fund assets and revenues. To the general fund, if established, 176.9s1Ial1 must be credited all moneys received from dues, fines, initiation fees, entertainment 176.1orevenues and any moneys or property donated, given, granted or devised by any person, 176. 11for unspecified uses. The treasurer of the relief association shall be is the custodian of the 176.12assets of the general fund and shaI1 must be the recipient on behalf of the general fund of 176.13a11 revenues payable to the general fund. The treasurer shall maintain adequate records 176.14documenting any transaction involving the assets or the revenues of the general fund. 176.15These records shall must be open for inspection by any member of the relief association 176.16at reasonable times and places. 176.17 Subd. 3. Authorized disbursements from the general fund. Disbursements from .176..1 ethe general fund may be made for any purpose that is authorized by either the articles of 176.19incorporation or bylaws of the relief association. 176.20 Subd. 4. Investment of assets of the general fund. The assets of the general 176.21fund may be invested in any securities that are authorized by the bylaws of the relief 176.22association and may be certified for investment by the State Board of Investment in fixed 176.23income pools or in a scparately managed account at the discretion of the State Board of 176.24Investment as provided in section 11 A.14. 176.25EFFECTIVE DATE.This section is effective July 1, 2009. 176.26 Sec. 44. Minnesota Statutes 2008, section 424A.07, is amended to read: 176.27424A.07 NONPROFIT FIREFIGHTING CORPORATIONS; 176.2sESTABLISHMENT OF RELIEF ASSOCIATIONS. 176.29Pi0r -e Before paying any service pensions or retirement benefits pursuant to 176.3ounder section 424A.02 or before becoming entitled to receive any amounts of fire state 176.31aid upon transmittal from a contracting municipality pursuant to under section 69.031, 176.32subdivision 5 , a nonprofit firefighting corporation shall establish a volunteer firefighters' 176.33relief association governed by this chapter. 177.1 Sec. 45. Minnesota Statutes 2008, section 424A.08, is amended to read: 177.2424A.08 MUNICIPALITY WITHOUT RELIEF ASSOCIATION; 177.3AUTHORIZED DISBURSEMENTS. 177.4aaAny qualified municipality which is entitled to receive fire state aid but which -83- 1 77.5has no volunteer firefighters' relief association directly associated with its fire department i77.6and which has no full -time firefighters with retirement coverage by the public employees 177. 7police and fire retirement plan shall deposit the fire state aid in a special account 1 77. sestablished for that purpose in the municipal treasury. Disbursement from the special 177.9account shall may not be made for any purpose except: 177.10(1) payment of the fees, dues and assessments to the Minnesota State Fire 177. i.iDepartment Association and to the state Volunteer Firefighters' Benefit Association in 1 77.12order to entitle its firefighters to membership in and the benefits of these state associations; 177. 13(2) payment of the cost of purchasing and maintaining needed equipment for the 177.19fire department; and 177.15(3) payment of the cost €er of construction, acquisition, repair apA, or maintenance 177.16of buildings or other premises to house the equipment of the fire department. 177.17(b) A qualified municipality which is entitled to receive fire state aid, which has no 177.l8volunteer firefighters' relief association directly associated with its fire department and 177.19which has full -time firefighters with retirement coverage by the public employees police 177.2oand fire retirement plan may disburse the fire state aid as provided in paragraph (a), forthe 1 77.2ipayment of the employer contribution requirement with respect to firefighters covered by 177.22the public employees police and fire retirement plan under section 353.65, subdivision 3, 177.2s017 for a combination of the two types of disbursements. 177.24EFFECTWE DATE.This section is effective July 1, 2009. 177.25 Sec. 46. Minnesota Statutes 2008, section 424A.10, subdivision 1, is amended to read: 177.26 Subdivision 1. Definitions. For purposes of this section: 177.27 (1) "qualified recipient" means an individual who receives a lump -sum distribution 177.280f pension or retirement benefits from a volunteer firefighters' relief association for service 177.29that the individual has performed as a volunteer firefighter; 177.30 (2) "survivor of a deceased active or deferred volunteer firefighter" means the legally 177.31maR4ed surviving spouse of a deceased active or deferred volunteer firefighter under 177.32section 424A.001, subdivision 6, or, if none, the surviving mine childormine children 177.330f a deceased active or deferred volunteer firefighter; 178.1 (3) "active volunteer firefighter" means a person who regularly renders fire 178.2suppression service for a municipal fire department or an independent nonprofit firefighting 178.3corporation, who has met the statutory and other requirements for relief association 178.4membership, and who has heea is deemed by the relief association under law and its 178. sbylaws to be a fully qualified member of the relief association for at least one month; and 179.6 (4) "deferred volunteer firefighter" means a former active volunteer firefighter who 17e. 7terminated active firefighting service, has sufficient service credit from the applicable relief 179. eassociation to be entitled to a service pension under the bylaws of the relief association, 178.9but has not applied for or has not received the service pension. 178.1oEFFECTIVE DATE.This section is effective July 1, 2009. 178.11 Sec. 47. Minnesota Statutes 2008, section 424A.10, subdivision 2, is amended to read: 179.12 Subd. 2. Payment of supplemental benefit. (a) Upon the payment by a volunteer 179. l3frrefighters' relief association of a lump -sum distribution to a qualified recipient, the 179.14association must pay a supplemental benefit to the qualified recipient. Notwithstanding 178.15any law to the contrary, the relief association must pay the supplemental benefit out of 176. 16its special fund. The amount )f This benefit equals is an amount equal to ten percent of 179.17the regular lump -sum distribution that is paid on the basis of the recipient's service as 178.1ea volunteer firefighter. In no case may the amount of the supplemental benefit exceed 178.19$1,000. A supplemental benefit under this paragraph may not be paid to a survivor of a 176.2odeceased active or deferred volunteer firefighter in that capacity. 178.21 (b) Upon the payment by a relief association of a lump -sum survivor benefit OF 179.2AHHer-al benefft to a survivor of a deceased active volunteer firefighter or of a deceased 178.23deferred volunteer firefighter, the association may pay a supplemental survivor benefit 178.24to the survivor of the deceased active or deferred volunteer firefighter from the special 178.25fund of the relief association if its articles of incorporation or bylaws so provide. The 178.26amount of the supplemental survivor benefit is 20 percent of the survivor benefit ^opal 178.27beHe it, but not to exceed $2,000. 176.28 (c) An individual may receive a supplemental benefit under paragraph (a) or under 178.29paragraph (b), but not under both paragraphs with respect to one lump -sum volunteer 178. sofirefighter benefit. 178.31EFFECTIVE DATE.This section is effective July 1, 20099 178.32 Sec. 48. Minnesota Statutes 2008, section 424A.10, subdivision 3, is amended to read: 179.1 Subd. 3. State reimbursement. (a) Each year, to be eligible for state reimbursement 179.2of the amount of supplemental benefits paid under subdivision 2 during the preceding 179.3calendar year, the volunteer firefighters' relief association must shall apply to the 179. 4commissioner of revenue by February 15. By March 15, the commissioner shall .2 79. 5reimburse the relief association for the amount of the supplemental benefits paid by the 179. 6relief association to qualified recipients and to survivors of deceased active or deferred 179.7volunteer firefighters. 179. s (b) The commissioner of revenue shall prescribe the form of and supporting 179. 9information that must be supplied as part of the application- for state reimbursement. 179_ ioThe commissioner of revenue shall reimburse the relief association by paying the .179..1 ireimbursement amount to the treasurer of the municipality where the association is located. 179. i2Within 30 days after receipt, the municipal treasurer shall transmit the state reimbursement 179. 13to the treasurer of the association if the association has filed a financial report with the 179. 14municipality. If the relief association has not filed a financial report with the municipality, 179. 15the municipal treasurer shall delay transmission of the reimbursement payment to the 179. i6association until the complete financial report is filed. If the association has dissolved or 179.17has been removed as a trustee of state aid, the treasurer shall deposit the money in a 179. lsspecial account in the municipal treasury, and the money may be disbursed only for the 179. i9purposes and in the manner provided in section 424A.08. When paid to the association, 179.2othe reimbursement payment must be deposited in the special fund of the relief association. 179.21 (c) A sum sufficient to make the payments is appropriated from the general fund 179.22to the commissioner of revenue. 179.23EFFECTIVE DATE.This section is effective July 1, 2009. 179.24 Sec. 49. Minnesota Statutes 2008, section 424A.10, subdivision 4, is amended to read: 179.25 Subd. 4. In lieu of income tax exclusion. (a) The supplemental benefit provided 179.26by this section is in lieu of the state income tax exclusion for lump -sum distributions of 179.27retirement benefits paid to volunteer firefighters. 179.2s(b) If the law is modified to exclude or exempt volunteer firefighters' lump -sum 179.29distributions from state income taxation, the supplemental benefits under this section 179.30Blay are no longer be paid payable, beginning with the first calendar year in which the .2 79.31exclusion or exemption is effective. This subdivision does not apply to exemption of all or .2 79.32part of a lump -sum distribution under section 290.032 or 290.0802. 179.33EFFECTIVE DATE.This section is effective July 1, 2009. 1so.1 Sec. 50. Minnesota Statutes 2008, section 424A.10, subdivision 5, is amended to read: 180.2 Subd. 5. Retroactive reimbursement in certain instances. A supplemental 180.3survivor or- funeral benefit may be paid by a relief association for the death of an active mo. 4volunteer firefighter or of a deferred volunteer firefighter that occurred on or after August .180. 51, 2005, if the relief association articles of incorporation or bylaws se provide for a 180. 6supplemental survivor benefit and rop vide for retroactivity. z80. 7EFFECTIVE DATE.This section is effective July 1, 2009. 180.8 Sec. 51. Minnesota Statutes 2008, section 42413.10, is amended by adding a 180. 9subdivision to read: 180.10 Subd. 1 a. ADDlicability. This section applies when all of the volunteer firefighters ' 180.11relief associations involved in the consolidation are defined benefit relief associations as 180.12defined in section 424A.001, subdivision lb. 180.13EFFECTIVE DATE.This section is effective July 1, 2009. 180.14 Sec. 52. Minnesota Statutes 2008, section 42413.10, is amended by adding a 180.15subdivision to read: 180.16 Subd. lb. Benefits. (a) The successor relief association following the consolidation 180.1 Hof two or more defined benefit relief associations must be a defined benefit relief 180.18association. 180.19(b) Notwithstanding any provision of section 424A.02, subdivision 3, to the contrary, 180.2othe initial service pension amount of the subsequent defined benefit relief association as 180.210f the effective date of consolidation is either the service pension amount specified in 180.22clause (1) or the service pension amounts specified in clause (2), as provided for in the 180.23consolidated relief association's articles of incorporation or bylaws: 180.24(1) the highest dollar amount service pension amount of any prior volunteer 180.25Frefighters relief association in effect immediately before the consolidation initiation if the 180.26pension amount was implemented consistent with section 424A.02; or 180.27(2) for service rendered by each individual volunteer firefighter before consolidation, 180.28the service pension amount under the consolidating volunteer firefighters relief association 180.29that the-firefighter belonged to immediately before the consolidation if the pension amount 180.3owas implemented consistent with section 424A.02 and for service rendered after the 1 Bo. 31effective date of the consolidation, the highest dollar amount service pension of any of the 180.32consolidating volunteer firefighters relief associations in effect immediately before the 180.33consolidation if the pension amount was implemented consistent with section 424A.02. 181.1(c) Any increase in the service pension amount beyond the amount implemented 181. Zunder paragraph (a) must conform with the requirements and limitations of sections z81.369.771 to 69.775 and section 424A.02. 181.4EFFECTIVE DATE.This section is effective July 1, 2009. 181.5 Sec. 53. Minnesota Statutes 2008, section 42413.10, subdivision 2, is amended to read: 181.6 Subd. 2. Funding. (a) Unless the applicable municipalities agree in writing to 181.7allocate the minimum municipal obligation in a different manner, the minimum municipal 181. sobligation under section 69.772 or 69.773, whichever applies, must be allocated between 181.9the applicable municipalities in proportion to their fire state aid. 181. lo(b) If any applicable municipality fails to meet its portion of the minimum municipal 181. zlobligation to the subsequent relief association, all other applicable municipalities are 181. 12jointly obligated to provide the required funding upon certification by the relief association 181.13secretary. An applicable municipality that pays the minimum municipal obligation 181.14amount for another applicable municipality, the municipality may collect the that payment 181.15amount, plus a 25 percent surcharge, from the responsible applicable municipality by any 181.16available means, including a deduction from any state aid or payment amount payable 181.17to the responsible municipality upon certification of the necessary information to the 181.18commissioner of finance. • iai.i9EFFECTIVE DATE.This section is effective Julv 1. 2009. 181.20 Sec. 54.1424B.111 CONSOLIDATING DEFINED CONTRIBUTION RELIEF 1B1.21ASSOCIATIONS; INDIVIDUAL ACCOUNTS; FUNDING. 181.22 Subdivision 1. Applicability. This section applies when all of the volunteer 181.23firefighters' relief associations involved in the consolidation are defined contribution relief 181.24associations as defined in section 424A.001, subdivision lc. 181.25 Subd. 2. Individual accounts. The successor relief association following the 181.26consolidation of two or more defined contribution relief associations must be a defined 181.27contribution relief association and the successor relief association board shall establish 181.28individual accounts for every active member, inactive member, deferred member, or 181.29retired member receiving installment payments with that status as of the consolidation 181.3odate. To each individual account the successor relief association must credit the amount to 181.31the credit of each person by a predecessor relief association as of the date of consolidation 1e1.32plus a proportional share, based on account value, of any subsequent net revenue during 181.33the consolidation process. 182.1 Subd. 3. Funding. Unless the articles of incorporation or bylaws of the successor 182.2relief association specify that municipal contributions are wholly voluntary or unless the 182.3municipalities associated with the consolidating defined contribution relief associations 182.4agree in writing to a different municipal support arrangement, each municipality must 182.5continue to provide the same amount of municipal support to the successor relief 182. association as the municipality provided to the applicable predecessor relief association in 182. 7the calendar: year immediately prior to the calendar year in which the consolidation occurs. 1s2. sEFFECTIVE DATE.This section is effective July 1, 2009. 162.9 Sec. 55.1424B.121 MIXED CONSOLIDATING RELIEF ASSOCIATIONS; 182.1oBENEFIT PLAN; FUNDING. 162.11 Subdivision 1. Applicability. This section applies where one or more of the 1s2.12volunteer firefighters' relief associations involved in the consolidation are defined benefit 182.13relief associations as defined in section 424A.001, subdivision lb, and one or more of 182.14the volunteer firefighters' relief associations involved in the consolidation are defined 1e2.15contribution relief associations as defined in section 424A.001, subdivision lc. 182.16 Subd. 2. Benefit plan. The articles of incorporation or bylaws of the successor 1e2.17relief association must specify whether the relief association is a defined benefit relief 1s2.1sassociation or whether the relief association is a defincu contribution relief association. If 182.19the successor relief association is a defined benefit relief association, the relief association 182.2obenefits must comply with sections 424A.02 and 42413. 11, subdivision la. If the successor 1e2.21relief association is a defined contribution relief association, the relief association must 182.22comply with sections 424A.016 and 42413. 12, subdivision 2. 182.23 Subd. 3. Funding. If the successor relief association is a defined benefit relief 1e2.24association, the relief association funding is governed by section 42413. 11, subdivision 2. .1 82.251f the successor relief association is a defined contribution relief association, the relief 1e2.26association funding is governed by section 42413. 12, subdivision 3. 182.27EFFECTIVE DATE.This section is effective July 1, 2009. 162.26 Sec. 56. Minnesota Statutes 2008, section 42413.21, is amended to read: 182.29424B.21 ANNUITY PURCHASES UPON DISSOLUTION. 182.3oThe board of trustees of a volunteer firefighters relief association that is scheduled 1e2.3.6or dissolution may purchase annuity contracts under section ^' 424A.015, 182.32subdivision 8a 3 , instead of transferring special fund assets to a municipal trust fund 182.33under section 42413.20, subdivision 4. Payment of an annuity for which a contract is -87- 183. 1purchased may not commence before the retirement age specified in the relief association 183.2bylaws and in compliance with section 424A.016, subdivision 2, or 424A.02, subdivision 183.31 . Legal title to the annuity contract transfers to the municipal trust fund under section 183. a424B.20, subdivision 4. 183.5EFFECTIVE DATE.This section is effective July 1, 2009, if article 1 is also 183.6enacted. 183.7 Sec. 57. BRIMSON FIREFIGHTERS RELIEF ASSOCIATION; BOARD OF 183. eTRUSTEES MEMBERSHIP. 183.9Notwithstanding any provisions of Minnesota Statutes, section 424A.04, or other 1a3. lolaw to the contrary, the Brimson Firefighters Relief Association must be managed by 183. llboard of trustees consisting of ten members, with six trustees elected from the membership .28.3.120f the relief association, one trustee drawn from the officials of each municipality served 193.13by the fire department to which the relief association is directly associated, and one trustee 183. 1Awho is the fire chief serving with the independent nonprofit firefighting corporation. 183.15EFFECTIVE DATE.This section is effective the day after the governing body 183.16of the Fairbanks Township and its chief clerical officer timely comply with Minnesota 183.I7Statutes, section 645.021, subdivisions 2 and 3. 183.18 Sec. 58. REPEALER. 183.19 Subdivision 1. Repealed for recodification. Minnesota Statutes 2008, sections 183.2o424A.001, subdivision 7; 424A.02, subdivisions 4, 6, 8a, and 8b; and 424B.10, subdivision :183.2.11, are repealed. 183.22 Subd. 2. Repealed as obsolete. Minnesota Statutes 2008, section 424A.09, is 183.23repealed. 193.24 Subd. 3. Substantive repeal. Minnesota Statutes 2008, section 424A.02, 183.2ssubdivision 9b, is repealed. SON H.F. 1849 Contracting Performance Bonds and Competitive Billing 10.26 Sec. 18. Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read: .10.27 Subdivision 1. Plans and specifications, advertisement forbids. When the 10.28 council determines to make any improvement, it shall let the contract for all or part of .10.29 the work, or order all or part of the work done by day labor or otherwise as authorized by 10.30 subdivision 2, no later than one year after the adoption of the resolution ordering such 10.31 improvement, unless a different time limit is specifically stated in the resolution ordering .10.32 the improvement. The council shall cause plans and specifications of the improvement 10.33 to be made, or if previously made, to be modified, if necessary, and to be approved and .10.34 filed with the clerk, and if the estimated cost exceeds $50,000 the amount in section .11..1 471.345, subdivision 3, shall advertise for bids for the improvement in the newspaper and 11.2 such other papers and for such length of time as it may deem advisable. If the estimated .11.3 cost exceeds $100,000 twice the amount in section 471.345, subdivision 3, publication .11.4 shall be made no less than three weeks before the last day for submission of bids once 11.5 in the newspaper and at least once in either a newspaper published in a city of the first 1.1. 6 class or a trade paper. To be eligible as such a trade paper, a publication shall have all 11.7 the qualifications of a legal newspaper except that instead of the requirement that it shall 11.8 contain general and local news, such trade paper shall contain building and construction z .1. 9 news of interest to contractors in this state, among whom it shall have a general circulation. 11.10 The advertisement shall specify the work to be done, shall state the time when the bids 1 .1.1.1 will be publicly opened for consideration by the council, which shall be not less than ten 11.12 days after the first publication of the advertisement when the estimated cost is less than 11.13 $100,000 twice the amount in section 471.345, subdivision 3, and not less than three .11.14 weeks after such publication in other cases, and shall state that no bids will be considered 11.15 unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, 11..16 bid bond, or certified check payable to the clerk, for such percentage of the amount of the .1.1.17 bid as the council may specify. In providing for the advertisement for bids the council z1. .18 may direct that the bids shall be opened publicly by two or more designated officers or 11. 19 agents of the municipality and tabulated in advance of the meeting at which they are to .11.2o be considered by the council. Nothing herein shall prevent the council from advertising 1.1.21 separately for various portions of the work involved in an improvement, or from itself, 11.22 supplying by such means as may be othenA Ilse- ahhtlhorized by In-w, all or any part of the 11.23 materials, supplies, or equipment to be used in the improvement or from combining two or 11.24 more improvements in a single set of plans and specifications or a single contract. 11.25 Sec. 19. Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read: 11.26 Subd. 2. Contracts; day labor. In contracting for an improvement, the council shall 11.27 require the execution of one or more written contracts and bonds, conditioned as required 11.28 by law. The council shall award the contract to the lowest responsible bidder or it may 11.29 reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into 11.3o a written contract and to furnish the required bond, the defaulting bidder shall forfeit to 11.31 the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or 11.32 certified check, and the council may thereupon award the contract to the next lowest .11.33 responsible bidder. When it appears to the council that the cost of the entire work projected 11.34 will be less than $000 the amount in section 471.345, subdivision 3, or whenever no 11.35 bid is submitted after proper advertisement or the only bids submitted are higher than 11.36 the engineer's estimate, the council may advertise for new bids or, without advertising 12.1 for bids, directly purchase the materials for the work and do it by the employment of day sm 12.2 labor or in any other manner the council considers proper. The council may have the 12.3 work supervised by the city engineer or other qualified person but shall have the work 12.4 supervised by a registered engineer if done by day labor and it appears to the council that 12.5 the entire cost of all work and materials for the improvement will be more than $25,000 12.6 the lowest amount in section 471.345, subdivision 4. In case of improper construction 12. 7 or unreasonable delay in the prosecution of the work by the contractor, the council may 12. a order and cause the suspension of the work at any time and relet the contract, or order 12.9 a reconstruction of any portion of the work improperly done, and where the cost of 12.10 completion or reconstruction necessary will be less than $50,000 the amount in section 12.11 471.345, subdivision 3, the council may do it by the employment of day labor. 12.12 Sec. 20. Minnesota Statutes 2008, section 469.015, is amended to read: 12. 13 469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS. 12.14 Subdivision 1. Bids; notice. All construction work, and work of demolition or 12.15 clearing, and every purchase of equipment, supplies, or materials, necessary in carrying 12.16 out the purposes of sections 469.001 to 469.047, that involve expenditure of $50;900 the 12.17 amount in section 471.345, subdivision 3, or more shall be awarded by contract. Before 12. Is receiving bids the authority shall publish, once a week for two consecutive weeks in an 12.19 official newspaper of general circulation in the community a notice that bids will be 12.2o received for that construction work, or that purchase of equipment, supplies, or materials. 12.21 The notice shall state the nature of the work and the terms and conditions upon which the 12.22 contract is to be let, naming a time and place where bids will be received, opened and read 12.23 publicly, which time shall be not less than seven days after the date of the last publication. 12.24 After the bids have been received, opened and read publicly and recorded, the authority 12.25 shall award the contract to the lowest responsible bidder, provided that the authority 12.26 reserves the right to reject any or all bids. Each contract shall be executed in writing, and 12.27 the person to whom the contract is awarded shall give sufficient bond to the authority for its 12.28 faithful performance. If no satisfactory bid is received, the authority may readvertise. The 12.29 authority may establish reasonable qualifications to determine the fitness and responsibility 12.30 of bidders and to require bidders to meet the qualifications before bids are accepted. 12.31 Subd. 1 a. Best value alternative. As an alternative to the procurement method 12.32 described in subdivision 1, the authority may issue a request for proposals and award the 12.33 contract to the vendor or contractor offering the best value under a request for proposals as 12.34 described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 13.1 Subd. 2. Exception; emergency. If the authority by a vote of four -fifths of its 13.2 members shall declare that an emergency exists requiring the immediate purchase of 13.3 any equipment or material or supplies at a cost in excess of $50,000 the amount in 13.4 section 471.345, subdivision 3, but not exceeding $75,000 one -half again as much as 13.5 the amount in section 471.345, subdivision 3, or making of emergency repairs, it shall 13.6 not be necessary to advertise for bids, but the material, equipment, or supplies may be 13.7 purchased in the open market at the lowest price obtainable, or the emergency repairs may 13. a be contracted for or performed without securing formal competitive bids. An emergency, 13.9 for purposes of this subdivision, shall be understood to be unforeseen circumstances or 13.10 conditions which result in the placing in jeopardy of human life or property. 13.11 Subd. 3. Performance and payment bonds. Performance and payment bonds shall 13.12 be required from contractors for any works of construction as provided in and subject 13.13 to all the provisions of sections 574.26 to 574.31 except for contracts entered into by 13.14 an authority for an expenditure of less than $50,009 the minimum threshold amount in 13.15 section 471.345, subdivision 3. 13.16 Subd. 4. Exceptions. (a) An authority need not require competitive bidding in the 13.17 following circumstances: W 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 I3.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 (1) in the case of a contract for the acquisition of a low -rent housing project: (i) for which financial assistance is provided by the federal government; (ii) which does not require any direct loan or grant of money from the municipality as a condition of the federal financial assistance; and (iii) for which the contract provides for the construction of the project upon land that is either owned by the authority for redevelopment purposes or not owned by the authority at the time of the contract but the contract provides for the conveyance or lease to the authority of the project or improvements upon completion of construction; (2) with respect to a structured parking facility: (i) constructed in conjunction with, and directly above or below, a development; and (ii) financed with the proceeds of tax increment or parking ramp general obligation or revenue bonds; (3) until August 1, 2009, with respect to a facility built for the purpose of facilitating the operation of public transit or encouraging its use: (i) constructed in conjunction with, and directly above or below, a development; and (ii) financed with the proceeds of parking ramp general obligation or revenue bonds or with at least 60 percent of the construction cost being financed with funding provided by the federal government; and (4) in the case of any building in which at least 75 percent of the usable square footage constitutes a housing development project if (i) the project is financed with the proceeds of bonds issued under section 469.034 or from nongovernmental sources; (ii) the project is either located on land that is owned or is being acquired by the authority only for development purposes, or is not owned by the authority at the time the contract is entered into but the contract provides for conveyance or lease to the authority of the project or improvements upon completion of construction; and (iii) the authority finds and determines that elimination of the public bidding requirements is necessary in order for the housing development project to be economical and feasible. (b) An authority need not require a performance bond for the following projects: (1) a contract described in paragraph (a), clause (1); (2) a construction change order for a housing project in which 30 percent of the construction has been completed; (3) a construction contract for a single - family housing project in which the authority acts as the general consuuction contractor; or (4) a services or materials contract for a housing project. For purposes of this paragraph, "services or materials contract" does not include construction contracts. Subd. 5. Security in lieu of bond. The authority may accept a certified check or cashier's check in the same amount as required for a bond in lieu of a performance bond for contracts entered into by an authority for an expenditure of less than $50;000 the minimum threshold amount in section 471.345, subdivision 3. The check must be held by the authority for 90 days after the contract has been completed. If no suit is brought within the 90 days, the authority must return the amount of the check to the person making it. If a suit is brought within the 90 -day period, the authority must disburse the amount of the check pursuant to the order of the court. -91- S.F. 1219 1.1 A bill for an act 1.2 relating to occupations and professions; creating licensing standards for full -time 1.3 firefighters; modifying restricted plumber license requirements; establishing 1.4 fees;amending Minnesota Statutes 2008, sections 299N.02, subdivision 3; 1.5 326B.475, subdivision 1; proposing coding for new law in Minnesota Statutes, 1.6 chapter 299N. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1. s Section 1. Minnesota Statutes 2008, section 299N.02, subdivision 3, is amended to 1_9 read: 1.10 Subd. 3. Powers and duties. (a) The board shall: 1.11 (1) review fire service training needs and make recommendations on training to 1.12 Minnesota fire service organizations; 1.13 (2) establish standards for educational programs for the fire service and develop 1.14 procedures for continuing oversight of the programs; and 1.15 (3) establish qualifications for fire service training instructors in programs 1.16 established under clause (2); and 1.17 (4) license full -time firefighters and volunteer firefighters under this chapter. 1.19 (b) The board may: 1.19 (1) hire or contract for technical or professional services according to section 15.061; 1.20 (2) pay expenses necessary to carry out its duties; 1.21 (3) apply for, receive, and accept grants, gifts, devises, and endowments that any 1.22 entity may make to the board for the purposes of this chapter and may use any money 1.23 given to it consistent with the terms and conditions under which the money was received 1.24 and for the purposes stated; 2.1 (4) make recommendations to the legislature to improve the quality of firefighter 2.2 training; 2.3 (5) collect and provide data, subject to section 13.03; 2.4 (6) conduct studies and surveys and make reports; and 2.5 (7) conduct other activities necessary to carry out its duties. 2.6 Sec. 2.1299N.031 DEFINITIONS. 2.7 Subdivision 1. Scope. The terms used in sections 299N.04 and 299N.05 have the 2.9 meanings given them in this section. 2.9 Subd. 2. Board. 'Board" means the Board of Firefighter Training and Education 2.10 established under section 299N.02. 2.11 Subd. 3. Chief firefighting officer. "Chief firefighting officer" means the highest 2.12 ranking employee or appointed official of a fire department. 2.13 Subd. 4. Fire department. "Fire department" has the meaning given it in section 2.14 299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department 2.15 also includes a division of a state agency, regularly charged with the responsibility of 2.16 providing fire protection to the state or a local government, to include a private, nonprofit 2.17 fire department directly serving a local government, but does not include an industrial 2.18 fire brigade. 2.19 Subd. 5. Licensed firefighter. "Licensed firefighter" means a full -time firefighter, 2.20 to include a fire department employee, member, supervisor, or appointed official, who is 2.21 licensed by the board and who is charged with the prevention or suppression of fires within 2.22 the boundaries of the state. Licensed firefighter may also include a volunteer firefighter. -92- 2.23 Subd. 6. Full -time firefighter. A "full -time firefighter" means a person who is 2.24 employed and charged with the prevention or suppression of fires within the boundaries of 2.25 the state on a full -time, salaried basis. Full -time firefighter does not include a volunteer, 2.26 part-time or paid, on -call firefighter. 2.27 Subd. 7. Volunteer firefighter. A "volunteer firefighter" means a person who is 2.28 charged with the prevention or suppression of fires within the boundaries of the state 2.29 on a volunteer, part-time or paid, on -call basis. Volunteer firefighter does not include a 2.30 full -time firefighter. 2.31 Sec. 3. 1299N.041 FIREFIGHTER CERTIFICATION. 2.32 Subdivision 1. Certification examination; requirements. (a) The board must 2.33 appoint an organization that is accredited by the International Fire Service Accreditation 2.34 Congress ss to prepare and administer firefighter certification examinations. Firefighter 3.1 certification examinations shall be designed to ensure competency in at least the following 3.2 areas: 3.3 (1) fire prevention; 3.4 (2) fire suppression; and 3.5 (3) hazardous materials operations. 3.6 (b) To receive a certificate, an individual must demonstrate competency in fire 3.7 prevention and fire suppression. 3.8 (c) Nothing in this section shall be construed to prohibit any requirement imposed 3.9 by a local fire department for more comprehensive training. 3.10 Subd. 2. Eligibility for certification examination. Except as provided in 3.11 subdivision 3, any person may take the firefighter certification examination who has 3.12 successfully completed the following: 3.13 (1)(i) a firefighter course from a postsecondary educational institution, an accredited 3.14 institution of higher learning, or another entity that teaches a course that has been approved 3.15 by the board; or (ii) an apprenticeship or cadet program maintained by a fire department 3.16 employing the person that has been approved by the board; and 3.17 (2) a skills- oriented basic training course. 3. is Subd. 3. Certain baccalaureate or associate degree holders eligible to take 3. 19 certification examination. A person with a baccalaureate degree, or with an associate 3.2o degree in applied fire science technology, from an accredited college or university who 3.21 has successfully completed the skills- oriented basic training course under subdivision 2, 3.22 clause (2), is eligible to take the 15ir fighter CcLill Cativu CnaiiiiTiativri iiviwiti Standing the 3.23 requirements of subdivision 2, clause (1). 3.24 Sec. 4.1299N.051 LICENSE REOUIRED. 3.25 Subdivision 1. Licensure requirement. A full -time firefighter employed on or after 3.26 July 1, 2011, by a fire department is not eligible for permanent employment without 3.27 being licensed as a firefighter by the board. 3.28 Subd. 2. Optional licensing. A volunteer firefighter may receive or apply for 3.29 Licensure under this section and section 299N.04 under the same terms as full -time 3.30 firefighters. 3.31 Subd. 3. Prior appointment. A full -time firefighter or a volunteer firefighter who 3.32 has received a permanent appointment with a fire department prior to July 1, 2011, shall 3.33 be licensed by the board at the request of the firefighter upon providing the board with a 3.34 statement signed by the chief firefighting officer of the fire department that employs the 3.35 full -time or volunteer firefighter. 4.1 Subd. 4. Newly employed firefighters. Any full -time firefighter employed by a fire 4.2 department on or after July 1, 2011, must obtain a license from the board. To obtain a -93- 4.3 license, an individual not covered by subdivision 3 must provide the board with a statement 4.4 signed by the chief firefighting officer of the fire department that employs the full -time 4.5 firefighter that the individual has met the certification requirements of section 299N.04. 4.6 Subd. 5. Issuance of license. The board shall license any individual who meets 4.7 the requirements of subdivision 3 or 4. A license is valid for three years from the date of 4.8 issuance, and the fee for the license is $75. 4-9 Subd. 6. License renewal. A license shall be renewed so long as the firefighter and 4. Io the chief firefighting officer provide evidence to the board that the licensed firefighter has 4.11 had at least 72 hours of firefighting training in n the previous three -year period. The fee for 4.12 renewing a firefighter license is $75, and the license is valid for an additional three years. 4.13 Subd. 7. Duties of chief firefighting officer. It shall be the duty of every chief 4.14 firefighting officer to ensure that all full -time firefighters have a license from the board 4.15 beginning July 1, 2011. Each full -time firefighter, volunteer firefighter, and chief 4.16 firefighting officer may apply for licensure after January 1, 2011. 4.17 Subd. 8. Revocation; suspension; denial. The board may revoke, suspend, or 4.18 deny a license issued or applied for under this section to a firefighter or applicant if the 4. 19 firefighter or applicant has been convicted of a felony recognized zed by the board as a crime 4.20 that would disqualify the licensee from participating in the profession of firefighting. 4.21 Subd. 9. Fees. Fees collected under this section must be deposited in the state 4.22 treasury and credited to a special account and are appropriated to the board to paw 4.23 incurred under sections 299N.04 to 299N.05. 4.24 Sec. 5. Minnesota Statutes 2008, section 326B.475, subdivision 1, is amended to read: 4.25 Subdivision 1. Licensure. (a) The commissioner of labor and industry shall grant a 4.26 restricted journeyman or restricted master plumber license to an individual if 4.27 (1) the individual completes an application with information required by the 4.28, commissioner of labor and industry; 4.29 (2) the completed application is accompanied by a fee of $30; 4.30 (3) the commissioner of labor and industry receives the completed application and 4.31 fee before OetebeF 1, 2 between October 1, 2009, and October 15, 2009; 4.32 (4) the completed application for a restricted journeyman plumber license 4.33 demonstrates that, prior to the application, the applicant has had at least two years of 4.34 practical plumbing experience in the plumbing trade; and 5.1 (5) the completed application for a restricted master plumber license demonstrates 5.2 that, prior to the application, the applicant has had: 5.3 (i) at least four years of practical plumbing experience in the plumbing trade; or 5.4 (ii) at least two years of practical plumbing experience as a plumbing contractor in 5.5 the plumbing trade. 5.6 (b) Until Oeteber 1, 2009 For applications received between October 1, 2009, and 5.7 October 15, 2009, the commissioner may waive penalties for an applicant who failed to 5.8 post a bond after June 30, 1999, under section 326B.46, subdivision 2, if the commissioner 5.9 finds that the penalty would cause undue hardship or the waiver is otherwise warranted 5. to under the circumstances. -94- H.F. 855 Transit Capital Improvement Program 18.28 Sec. 12. METROPOLITAN COUNCIL 18.29 Subdivision 1.Total Appropriation 22,600,000 ls.3o To the Metropolitan Council for the purposes 18.31 specified in this section. 19.1 Subd. 2.Transit Capital Improvement 19.2 Program 19.3 (a) To the Metropolitan Council. $8,500,000 19.4 is for the state's share of costs for the Central 19.5 Corridor light rail line for one or more of the 19.6 following activities: preliminaren engineering, 19.7 final design, property acquisition, including 19. s improvements and betterments of a capital 19.9 nature, relocation of utilities owned by public 19.10 entities, and construction. 19.11 (b) Any remaining money from this 19.12 appropriation is to implement one or more of 19.13 the following capital improvements, which 19.14 are not listed in a ranked order of priority. 19.15 The council shall determine project priorities 19.16 after consultation with the Counties Transit 19.17 Improvement Board, and other stakeholders, 19.18 as appropriate. The council shall seek 19.19 eg ographic balance in the allotment of this 19.20 appropriation where possible and maximize 19.21 the use of all available federal money from 19.22 the American Recovery and Reinvestment 19.23 Act of 2009, Public Law 111 -5, and any other 19.24 available federal money. 19.25 (1) Bottineau Boulevard Transit Wa 19.26 For a Qrant to the Hennepin County Reeional 19.27 Railroad Authority for environmental work 19.28 for Bottineau Transit Way corridor from the 19.29 Hiawatha light rail and Northstar intermodal 19.30 transit station in downtown Minneapolis to 19.31 the vicinity of the Target development in -95- 21,000,000 19.32 northern Brooklyn Park or the Arbor Lakes 19.33 retail area in Maple Grove. 20.1 (2) Cedar Avenue Bus Rapid Transit 20.2 For a grant to the Dakota County Regional 20.3 Rail Authority to acquire real propert y 20.4 and construct roadway improvements for 20.5 shoulder running bus lanes on County 20.6 State -Aid Highway 23 in Apple Valley and 20.7 Lakeville for the Cedar Avenue Bus Rapid 20.8 Transit Way (BRT) in Dakota County. 20.9 (3) 1 -94 Corridor Transit Way 20.10 (i) For a grant to Washington County 20.11 Regional Rail Authority for environmental 20.12 work and preliminary engineering of 20.13 transportation and transit improvements, 20.14 including busways, park- and -rides, or rail 20.15 transit, in the marked Interstate Highway 94 20.16 Corridor. 20.17 (ii) To acquire property and construct 20.18 transportation and transit improvements, s 20.19 including ays, park- and -rides, or rail 20.20 transit, in the marked Interstate Highway 94 20.21 corridor. 20.22 (4) Red Rock Corridor Transit Way 20.23 To design, construct, and furnish 20.24 park- and -ride lots for the Red Rock 20.25 Corridor Transit Way between Hastings and 20.26 Minneapolis via St. Paul, and any extension 20.27 between Hastings and Red Wing. 20.28 (5) Riverview Corridor Transit Way 20.29 For a grant to the Ramsey County Regional 20.3o Railroad Authority for environmental work 20.31 and preliminary engineering for bus rapid 21.1 transit in the Riverview corridor between the 21.2 east side of St. Paul and the Minneapolis -St. 21.3 Paul International Airport and the Mall of 21.4 America. 21.5 (6) Robert Street Corridor Transit Way BUIM 21.6 To design and construct new passenger 21.7 shelters and a bus layover facility, including 21.8 rest rooms, break areas, and a passenger 21.9 shelter, in the Robert Street Corridor Transit 21.20 Way along or parallel to U.S. Hi hway 21.11 52 and Robert Street from within the city 22.12 of St. Paul to Dakota County Road 42 in 22.13 Rosemount. 21.14 (7) Rush Line Corridor Transit Wa 21.15 For a grant to the Ramsey County Regional 21.16 Railroad Authority �quire land for, 21.17 design, and construct park- and -ride or 21.18 park- and -pool lots located along the Rush 21.19 Line Corridor along I- 35E/I -35 and Highway 21.20 61 from the Union Depot in downtown St. 21.22 Paul to Hinckley. 21.22 (8) Southwest Corridor Transit Way 21.23 To prepare an environmental impact 21.24 statement (EIS) and for preliminary 21.25 engineering for the Southwest Transit Way • 21.26 Corridor, from the Hiawatha light rail in 21.27 downtown Minneapolis to the vicinity of the 21.28 Southwest Station transit hub in Eden Prairie. 21.29 The Metropolitan Council may grant a 21.30 portion of this appropriation to the Hennepin 21.31 County Regional Railroad Authority for the 21.32 EIS work. 22.1 (9) Union Depot 22.2 For a grant to the Ramsey County Regional 22.3 Railroad Authority to acquire land and 22.4 structures, to renovate structures, and 22.5 for design, engineering, and construction 22.6 to revitalize Union Depot for use as a 22.7 multimodal transit center in St. Paul. The 22.8 center must be designed so that it facilitates a 22.9 potential future connection of high-speed rail 22.10 to Minneapolis. 22.11 (c) Of this amount, $313,000 is for 22.12 preliminary engineering and final design for 22.13 betterments in the State Capitol area related 22.14 to the Central Corridor light rail transit -97- 22.15 project. This money is not included in the 22.16 Central Corridor light rail transit project 22.17 budget. .- 2009 Legislative Program 2009 LEGISLATIVE INITIATIVES The Municipal Legislative Commission's (MLC) top two initiatives for the 2009 Legislative Session are: I. Support for economic development through transportation infrastructure investments II. Protect and reform the Market Value Homestead Credit program Along with these initiatives, the MLC has a number of continuing policy priorities they would like to see pursued. I. SUPPORT FOR ECONOMIC DEVELOPMENT THROUGH TRANSPORTATION INFRASTRUCTURE INVESTMENTS The MLC supported the 2008 omnibus transportation funding package that made needed investments by replacing deficient bridges, maintaining regional and state highways, and advancing metro transit investments through the Counties Transit Improvement Board. However, narrowing the focus of transportation projects to strictly maintaining the current highway infrastructure does not address the region's growing need for interchange capacity improvements, larger highways and safer roads. We anticipate the next Congress to enact a job stimulus package, including a significant funding component for highway construction. We encourage the State to appropriate any necessary matching dollars to maximize the Federal stimulus monies available. Although the guidelines are yet to be determined, additional funds from the Federal government will likely advance many currently scheduled projects to an earlier construction date. Projects that are scheduled to follow in subsequent years would normally be pushed forward as well. MLC cities see an opportunity to implement a new, long -term job growth strategy by backfilling the pipeline with highway projects that eliminate barriers to business expansion. By prioritizing improvements to roadways where limited capacity and congestion have become a barrier to job growth, a win/win situation is created. Congestion is reduced, resulting in time saved to the motoring public and a strong signal is sent to Fortune 500 Companies, as well as other businesses, that we want their future expansion to occur in Minnesota. A. EXAMPLES OF PROJECTS THAT WOULD SUPPORT ECONOMIC DEVELOPMENT OPPORTUNITIES AND GROWTH IN MLC COMMUNITIES: Highway 169 ramps and Bren Road bridge improvements near the Opus Office Park area, needed for the United Health Group and Opus HQ expansions (Minnetonka) 2. New entrance ramp onto I -394, which would lead to redeveloping the Ridgedale Mall and improved transit facilities (Minnetonka) 3. Area road improvements around I -94 and Manning Avenue to fully develop the Northeast Business Park Area (Woodbury) 4. Widening county roads to four lanes at the corner of Radio Drive and Bailey Road to develop the Village Center PUD commercial development (Woodbury) 5. Public transportation improvements needed to secure the Commerce Hill project, which includes retail, restaurants and office development (Woodbury) 6. Shady Oak Road/Hwy 212 Interchange to continue growth and expansion of Supervalu, LifeTouch Photography and Starkey Labs (Eden Prairie) 7. Hwy 36/Rice Street interchange reconstruction necessary for the area around St. Jude Medical (Maplewood) 8. Completing Hwy 610 between Hwy 169 and I -94 would have a positive impact on the new Maple Grove Hospital, surrounding medical alley land, and the proposed Target Corporate development in Brooklyn Park (Maple Grove)* 9. The improvement and expansion of Co. Road 70 to support the expansion of freight carriers and new developments in the Airlake Industrial Park and Airport (Lakeville) 10. Interchange at TH 55 and Argenta Trail needed to help Thompson Rueters and those looking for another connection to I -494. In addition, with the development of over 6,000 acres between TH 55 and I -494, west of Hwy 52 in Inver Grove Heights, the volume of local traffic will increase significantly (Inver Grove Heights, Eagan) B. HIGHWAY PROJECTS NEEDED TO REDUCE CONGESTION AND ENHANCE SAFETY IN OUR MLC COMMUNITIES: 1. Expanding I -494 between Hwy 55 and I -94 from four lanes to six (through Plymouth and Maple Grove) ** 2. Expanding I -694 between 1 -35E and I -35W from four lanes to six (parts of Maplewood, all of Shoreview)* 3. Hwy 169/I -494 Interchange (Bloomington/Eden Prairie/Edina) ** 4. France Avenue/Hwy 62 Interchange (Edina) 5. TH 13 /CSAH 5 Interchange (Burnsville) 6. Expanding I -694 between I -94 and I -35E from four lanes to six (Woodbury, parts of Maplewood) ** 7. The expansion of I -35 from Co. Road 50 to the southern border of Lakeville to support retail expansion projects at Co. Road 60 and Co. Road 70 (Lakeville) 8. Construction of the Cedar Avenue (TH 77) Transitway Project (Bloomington, Eagan, Apple Valley and Lakeville) 9. Addition of third lane on Cedar Avenue (TH 77) from 138th Street to Diffley Road (Apple Valley and Eagan)* 10. Transportation corridor between I -494 and TH 55 to alleviate the congestion projected to occur on both South Robert Trail (STH 3) and 149. Projected volumes on South Robert Trail will necessitate expansion to a four lane highway in each direction, not including the proposal for either light rail or rapid bus transit (Inver Grove Heights) * Met council Low -Cost /High Benefit Project ** Met Council Reassessed Project for Federal Stimulus Funding II. PROTECT AND REFORM THE MARKET VALUE HOMESTEAD CREDIT PROGRAM, The MVHC Program applies to homeowners. However, it is the state that reimburses school districts, counties and cities for their portion of the credit. For MLC cities, the problem has been that five out of the last seven years (2003; 2004, 20055 2006 and 2008), the state has either significantly cut or not provided the city's portion of the reimbursement in order to help solve state budget deficits. MLC cities are concerned about further cuts to the MVHC reimbursement and what that may mean for city services. However, we understand that with a $4.8 billion shortfall in FY 2010 -2011, all state programs will be looked at for potential cuts. If the state chooses to cut the MVHC program, it should be done in an equitable manner and not significantly impact city budgets. Furthermore, should MVHC cuts occur, special levy authority is requested to offset the reimbursement losses. A. DIRECT PAYMENT OF THE MVHC TO THE HOMEOWNER The MLC supports paying the NIVHC directly to the homeowner and not using cities as a conduit. Under the current MVHC program, the State acts like a property tax payer by reimbursing the local units of government for the value of the MVHC (it is actually part of the certified levy). Thus, if cuts are made to the program, it is the local unit of government that fails to get reimbursed, not the homeowner. In the past, cities have levied back lost MVHC dollars, having the unintended consequence of double- taxing the The Market Value Homestead Credit (MVHC) program is a state funded program designed to reduce the property taxes paid by qualifying homeowners. Under state law, homeowners receive a tax credit on their property tax statement equal to 0.4 percent of the property's market value, up to a maximum credit of $304. The credit is reduced for homes valued over $76,000 until the credit is fully phased -out for homes valued over $414,000. Homeowners get the credit in their property tax statement, and cities are supposed to have that credit reimbursed by the state twice a year (September and December). community to make up for the State's failure to fund the program. This is especially detrimental to lower income residents. The MLC believes that the State should fund its property tax relief program and be honest with the property tax payer. Therefore, the MLC supports a direct credit or payment to the individual homeowner. A direct payment to the homeowner would promote accountability for MVHC funding and allow for a more truthful property tax statement. B. REDUCE MVHC CAP AND TRANSFER DOLLARS INTO THE CIRCUIT BREAKER PROGRAM The MLC supports reducing the current MVHC cap (which is now $304) with the funds captured from that reduction going into the income -based circuit breaker program. Investing more money into the circuit breaker program would target property tax relief to residents based on their income and would benefit individuals who truly need assistance. III. KEY POLICY PRIORITIES FOR THE MUNICIPAL LEGISLATIVE COMMISSION A. TARGET PROPERTY TAX RELIEF DIRECTLY TO INDIVIDUALS 1. CONTINUE TO INVEST IN CIRCUIT BREAKER PROGRAM The circuit breaker "income adjusted" property tax relief program provides direct assistance to those homeowners in greatest need, whether or not those local homeowners reside in a city that receives direct aids from the State. The MLC requests the state maintain its investment in the circuit breaker program and continue directing property tax relief directly to individuals. In the 2008 Omnibus Tax Bill, the circuit breaker program was expanded by increasing the maximum refund and lowering the income threshold for eligibility for homeowners with the highest incomes. $21.2 million and $24.7 million were appropriated for FY 2010 and FY 2011 respectively. An appropriation of $100,000 was also provided to the Department of Revenue for nonprofit grants to provide taxpayer assistance services to improve participation in the program. 2. MAINTAIN ONGOING FUNDING FOR VOSS DATABASE PROJECT The MLC believes policy makers should have access to statewide data (clusters or averages) that provide information as to how much of a homeowner's income is being paid toward their property taxes. Updating the Voss database would accomplish that goal. With this information, policy makers could determine which individuals or communities have the greatest need and allocate resources accordingly. Last session, the Voss database project received one -time funding ($200,000) to update and compile new information into the system. The MLC supports continuing to invest in the Voss database, which will produce an annual report that compares property taxes paid as a percentage of income on a statewide basis. B. PROMOTE ACCOUNTABILITY IN THE STATE AND LOCAL FISCAL RELATIONSHIP MLC cities strongly believe that decision making is best when provided by the level of government closest to those affected. We support policies that promote local control and accountability. For example, the Truth in Taxation component of the annual budget process promotes local accountability by providing residents with advance notice of property tax impacts of proposed local budgets as well as an opportunity to express their concerns at a public hearing. 1. MLC OPPOSES LEVY LIMITS The MLC opposes state limitations on local decision making or unfunded mandates that inhibit cities' ability to plan with financial confidence. Our cities residents and property owners provide nearly all the revenue for city services through property taxes and fees — no MLC cities receive local government aid (LGA). Imposing artificial caps (i.e. levy limits) while limiting sources of revenue removes the autonomy needed for city officials to make decisions in the best interests of their fellow citizens. Levy limits were adopted during the 2008 Session (no more than 3.9% growth in levy plus aids baseline, in effect from 2009 - 2011), MLC supports repealing those limits beginning in FY 2010 -2011. 2. SUPPORT STUDY TO RE- EXAMINE FISCAL DISPARITIES PROGRAM In 1971, the state of Minnesota instituted a program of commercial - industrial tax base sharing within the Twin Cities metropolitan area. In 1995, a parallel program was established on the Iron Range of northeastern Minnesota. The Twin Cities area fiscal disparities program shares 40 percent of the growth in the commercial - industrial property tax base of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington counties. The program has two basic purposes: (1) improving equity in the distribution of fiscal resources, and (2) promoting regional planning objectives. Tax -base sharing serves to equalize the imbalance between some local governments' public service needs and financial resources. The uneven distribution of property tax base, primarily commercial and industrial properties, is a major cause of this imbalance. Many arguments used in support of the original fiscal disparities law in the early 1970s may no longer be valid. After 35 years, MLC believes it is appropriate for the legislature to reexamine the fiscal disparities program, specifically: • How has the program affected property tax disparities across the area? • Are the contribution and distribution formulas reasonable? (e.g., should the same exemptions continue, should need be a measure, etc.) • Does the program help promote orderly growth and sound land use? • What is the effect of the program on competition for commercial - industrial development between communities? • Do contributions to the pool prevent local governments from generating sufficient revenues from commercial - industrial development to cover the costs of providing services? • Could improvements be made in program administration? 3. OPPOSE SALES TAX ON LOCAL GOVERNMENT PURCHASES AND SERVICES The MLC urges policy makers to repeal the tax on items purchased by municipalities. This policy has local governments paying state sales tax on purchases such as road construction materials and public safety equipment, thereby increasing costs and in the end driving up property taxes. When examining the sales tax and its impact to municipalities, the MLC urges policy makers to look closely at the negative implications of taxing local government services. Local units of government are prudent to contract for services such as legal, auditing, engineering and computer programming because in many instances, in -house professional services are less cost - effective. To impose a sales tax on contract services would discourage fiscally responsible decisions by cities and would simply shift the burden from the State to the property tax payer. 21971.2 Market Value Homestead Credit Reductions for MLC Cities Apple Valley $1,112,293 $1,112,293 $995,786 $897,554 $448,139 $4,566,065 Bloomington $1,696,959 $1,630,492 $1,488,406 $1,362,763 $598,529 $6,777,149 Burnsville $1,305,009 $1,231,999 $1,149,237 $1,019,301 $480,250 $5,185,796 Eagan $1,223,402 $1,153,562 $1,036,072 $905,342 $430,615 $4,748,993 Eden Prairie $843,982 $763,466 $629,029 $538,740 $226,682 $3,001,899 Edina $528,756 $452,522 $372,664 $303,502 $116,456 $1,773,900 Inver Grove Heights $364,345 $364,334 $364,334 $364,334 $263,211 $1,720,558 Lakeville $656,230 $656,230 $656,230 $624,037 $305,479 $2,898,206 Maple Grove $988,270 $979,793 $854,734 $825,859 $376,631 $4,025,287 Maplewood $268,296 $268,296 $268,296 $268,296 $244,473 $1,317,657 Minnetonka $787,036 $706,708 $621,952 $551,322 $236,252 $2,903,270 Plymouth $737,392 $689,350 $634,691 $591,137 $254,910 $2,907,480 Shoreview $480,123 $428,437 $372,956 $311,183 $139,069 $1,731,768 Woodbury $902,448 $857,007 $793,349 $720,184 $344,837 $3,617,825 MUNICIPAL LEGISLATIVE COM MISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove; Maplewood, Min netonka,'Plymouth, Shoreview, Woodbury March 16, 2009 Representative Paul Marquart Chair; Property andiocal Sales Tax Division 597 State Office Building ±° 100 Rev. Dr. Martin"Luther King Jr. Blvd. - Saint Paul, Minnesota 55155 Re: Support for HF 479 — Fiscal Disparities Study Representative Marquart and Members of the Property and Sales Tax Division: The Municipal Legislative Commission (MLC) writes in strong support for a study of the fiscal disparities program. This unique arrangement has been in place for over 35 years and much has changed, including how education is funded and particular inequities which was a primary driver to this property tax base sharing concept. What is Fiscal Disparities? In 1971, the state of Minnesota instituted a program of commercial - industrial `tax base sharing within the Twin Cities metropolitan area. In 1995, a parallel program was established on the Iron Range of northeastern Minnesota. The Twin Cities area fiscal disparities program shares 40 percent of the growth in the commercial- industrial property tax base of Anoka, Carver, Dakota, 114ennepin, Ramsey, `Scott, and Washington counties. The program has ' two' basic purposes-.. (1) improving equity in the distribution of fiscal resources, and' (2) promoting regional planning objectives. Tax -base sharing serves.to equalize the imbalance, between some local governments' public' service needs and financial resources. The uneven distribution of property tax base, "primarily commercial and industrial properties, is a major cause of this'imbalance. Many arguments used in support of the original fiscal disparities law in the early 1970s may no longer be valid. After 35 years, MLC believes it is appropriate for the legislature to reexamine the fiscal disparities program, specifically: • How has the program affected property tax disparities across the area? League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 • Are the contribution and distribution formulas reasonable? (e.g., should the same exemptions continue, should need be a measure, etc.) • Does the program help promote orderly growth and sound land use? • What is the effect of the program on competition for commercial- industrial development between communities? • Do contributions to the pool prevent local governments from generating sufficient revenues from commercial - industrial development to cover the costs of providing services? • Could improvements be made in program administration? We believe HF 479 is the beginning to answering all these questions. Your support for this legislation is greatly appreciated. Sincerely, i� Ovb�� Mike Maguire Mayor of Eagan Chair, Municipal Legislative Commission Cc: Members of Property and Local Sales Tax Division -2- Municipal Legislative Commission Chair Mike Maguire, Mayor of Eagan. Testimony Before House Taxes, Chair' Rep. Anne Lenczeski February 25, 2009 M Madam. Chair, members of the committee I'm Mike Maguire -Mayor of Eagan — and I'm here as th&chair of Municipal Legislative Committee and to testify on its behalf. 'k I want to thank you for having me and for the work you do. I'm "here today to comment on the Governor's proposed budget and on aids and credits to local .governments. The Municipal Legislative Commission is a coalition of 14 suburban communities who receive no Local Government Aid and participate only in the state's property tax relief Market Value Home Credit program. As such, •I -would like to first address the proposed cuts to the Market Value Homestead Credit program. The MVHC is a State funded property, tax relief program; I believe you all have a handout with some of the program specifics. Our cities occasionally receive returned credit payments and for us, the Market Value Homestead Credit has come to be an unreliable and unpredictable part of our budgeting process.. Homeowners in our .communities receive a State sponsored .credit on their property tax bills reducing their property taxes A1VD revenues to °.our cities. The problem comes" when the State fails to reimburse cities like mine for that property tax relief credit to taxpayers. In short, while the State giveth, it also taketh away. Cities set their levies expecting to receive the MVHC reimbursement from the State and when the check does not come it causes budgeting problems for our cities. The unpredictability of this funding is routinely tied to the State's deficit problems and best demonstrated in the fact that 5 out of the last 7 years the State has failed to reimbursed MLC cities to help solve State budget deficits The table on reverse side of your handout shows these impacts on MLC communities. I ask you to keep in mind, this is a State property tax relief program. Cities like mine provide their own form of property tax relief through prudent and responsible budgeting that proactively controls cost, maximizes efficiencies and planning for the future. I'm here to ask that you help us avoid continued budgeting instability and unpredictability by simply taking us out of the middle of State property tax relief efforts. The communities of the MLC ask that this program be reformed and that instead of reimbursing city governments, already leery and guessing "will they or won't they;" provide property tax relief directly to homeowners that need it. This would make property tax relief efforts equitable and transparent while, making our budgets more stable and predictable. Additionally, I'd encourage your colleagues and you to take a close look at the Voss Data Base information to be released in March to assess the MVHC and determine whether the program is even necessary... The MLC strongly support: • Focusing property tax relief directly on the "Individual "... • Reducing property taxes for people who need it most; and • Property tax relief programs such as the PTR or Circuit breaker which is better approaches to "target" assistance where it is needed most. Finally as I've noted, none of our cities get Local Government Aid and we're not asking for it. We understand the importance of Local Government Aid to other communities but also believe it is important to have an approach to aids that is equitable and understandable. The current LGA system is hard to understand and its difficult for me to explain why some city gets varying amounts of Local Government Aid and still'others, like Eagan, do not. While we don't benefit, we don't advocate this program be eliminated. But the current time of budget crisis provides the opportunity to reexamine the LGA program. I'd encourage you to be respectful of the challenges and t, . cl oices,locally elected Council Members and Mayors need to make, while making sure the focus of Local Government Aids is on core city services and that.similarly'situated cities are being treated in a similar fashion. Thank you Madam Chair to your and your committee for your time. If you have any questions I can do my best to answer them. MUNICIPAL LEGISLATIVE COMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver. Grove Heights, Lakeville, Maple Grove, April 13, 2009 Maplewood, Minnetonka, Plymouth, Shoreview, Woodbury Representative John Lesch 537 State Office Building 100 Rev. Dr. MLK Jr. Blvd St. Paul, MN 55155 Senator Ellen Anderson 120 Capitol Building 75 Rev. Dr. MLK Jr. Blvd. St. Paul, MN 55155 Re: Opposition to Mandatory Paid Sick Time Legislation Dear Representative Lesch and Senator Anderson: The Municipal Legislative Commission opposes HF 612 /SF 461, a bill mandating employers to provide paid sick leave. While we are sympathetic to the proponents' intent, this bill would only further burden local government at a time when cities need relief from the administrative and financial cost of state mandates. Specifically, MLC cities would be`huri by this legislation due to the high. number of seasonal and part-time employees it hires '(such as lifeguards, fitness instructors, ice rink attendants, seasonal maintenance workers, etc.). The specific fiscal and administrative challenges this bill poses are as follows: • Cities would need to track hours from year to year and reinstate the appropriate amount of unused sick time that had accrued, creating an overwhelming administrative workload. • To anticipate seasonal and part-time sick leave, cities would be forced to boost reserves to cover accruing sick hours during a time when, budgets are already tight and reserves are being drained.. • The value of unused sick leave hours would have to be reported as a, liability for the audit process. • Over the years many cities have phased out sick leave programs with personal time off programs which would be adversely affected by this unilateral imposition of a compensation mandate by the state. League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 Ultimately, this will mean fewer jobs available in these communities as cities need to make up for the cost of this proposal by reducing the number of jobs it has — and therefore lessening service in communities throughout the State of Minnesota. The MLC has always looked out for the best interests of our employees, and has developed their overall compensation packages for employees that best fit their needs in the competitive environment of their own communities. This bill however adds a costly unfunded mandate on cities during an already financially challenging time. Sincerely, Mike Maguire Mayor of Eagan Chair, Municipal Legislative Commission Cc: MLC Legislative Delegation Jennifer O'Rourke, League of Minnesota Cities Jeremy Estenson, Minnesota Chamber of Commerce Numbers of City Employees Affected by HF 612 /SF 461 Examples of Fiscal Impact From City of Maple Grove: Number of temporary/seasonal staff: 700 -800 Amount of sick leave hours accrued: 5,206 Estimated number of hours used by temporary/seasonal group: 2,863 Fiscal impact: $34,800 (not including benefits) From City of Lakeville: Number of seasonal employees: 180 Number of sick hours accrued: 1,089 Estimated number of sick hours used: 599 Estimated fiscal impact: $7,308.00 From City of Bloomington: Number of seasonal /part time employees: 945 Of those 945 approximately 425 would qualify to earn sick leave under the bill Approximate number of sick hours accrued: 7,150 Approximate fiscal impact: $115,000 .- .. Edina 470 Burnsville 240 Inver.Grove Heights. Over 400 w Maple Grove 700 -800 s Maplewood About.200 Eagan 500 -600 ! i i Apple Valley : 270: i Plymouth - - Over 250 Woodbury. 168 -293 I Lakeville 180 Minnetonka 330 — Bloomington i 945 Examples of Fiscal Impact From City of Maple Grove: Number of temporary/seasonal staff: 700 -800 Amount of sick leave hours accrued: 5,206 Estimated number of hours used by temporary/seasonal group: 2,863 Fiscal impact: $34,800 (not including benefits) From City of Lakeville: Number of seasonal employees: 180 Number of sick hours accrued: 1,089 Estimated number of sick hours used: 599 Estimated fiscal impact: $7,308.00 From City of Bloomington: Number of seasonal /part time employees: 945 Of those 945 approximately 425 would qualify to earn sick leave under the bill Approximate number of sick hours accrued: 7,150 Approximate fiscal impact: $115,000 LMUNICIPAL, LEGISLATIVE COMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Shoreview, Woodbury April 21, 2009 Representative Ann Lenczewski Chair, House Taxes Committee 509 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. Saint Paul, Minnesota 55155 Re: Opposition to Extending the Sales Tax on Services to Cities Dear Representative Lenczewski: The Municipal Legislative Commission (MLC) writes to express our opposition to the provision in H.F. 2263 that would extend the sales tax on specific services to cities. Requiring cities to pay a sales tax on legal, accounting, auto repair and other various services will have a negative fiscal impact on local government and property tax payers. MLC cities are prudent to contract for services (such as legal and accounting) because in many instances, in -house professional services are not as cost - effective. Imposing a sales tax on particular contract services could deter cities from making the most fiscally responsible decisions. In the end, imposition of a sales tax on city services would likely be a burden that is shifted onto property tax payers. Passing H.F. 2263 would be an exacerbation of an unfair action that occurred back in 1993. The sales tax on city purchases was promised to be a temporary policy. We would like to see the state uphold this agreement with local government, and not extrapolate on past wrongdoings. League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 In conclusion, H.F. 2263 exempts "business to business" transactions pursuant to the IRS code, which unfortunately does not cover municipalities. If this provision goes forward, we respectfully request that cities be granted the same exemption being given to businesses. We thank you for your consideration of our position, and look forward to working with you on this legislation. Sincerely, //111& Ap�- Mike Maguire Mayor of Eagan Chair, Municipal Legislative Commission Cc: MLC Legislative Delegation Gary Carlson, League of Minnesota Cities -2- MLC'CITIES AND MAYORS Apple Valley Mary Hamann-Roland Bloomingto h Gene Winstead Burnsville Elizabeth Kautz Eagan Mike Maguire, Chair of MLC Eden Prairie Phil Young Edina Jim Hovland Inver Grove Heights George Tourville Lakeville Holly Dahl Maple Grove M; rk t fffp n_ on Maplewood Diana LongTie M'mnetonka Terry Schneider Plymouth Kelli Slavik Shoreview Sandy Martin Woodbury Bill Hargis Emh MUNICIPAL LEGISLATNE COMMISSION MLC PRIORITIES FOR 2009 LEGISLATIVE SESSION I. Omnibus Tax Bills • Oppose MVHC cuts o If cuts, allow levy back of lost credit, including recertification of property tax levy due to unallotment • Support reforming MVHC program (remove cities from administration) • Support expanding the property tax refund program (circuit breaker) • Support elimination of levy limits o If levy limits stay on, MLC supports eliminating the 50% growth provision and allow for 100% growth • Support modifying property tax statements (must not state or imply property tax credit is being paid by state when it's not reimbursed) • Oppose elimination of income tax exemption for bond interest on state and 'local bonds (bonds issued after July 1, 20,09' ) II. MLC Legislative Issues • Oppose sales tax on local government services (legal, accounting, etc.) • Oppose mandatory paid sick leave — HF 612 (Lesch) /SF 461 (Anderson) • Support fiscal disparities study 1 I , Lome: , • •. 1I If• Apple Valley $1,112,293 $1,112,293 $995,786 $897,554 $448,139. $710,166 $5,276,231 Bloomington $1,696,959 $1,630,492 $1,488,406 $1,362,763 $598,529 • $1,306,921 $8,084,070 Burnsville $1,305,009 $1,231,999 $1,149,237 $1,019,301 $480,250 $918,518 $6,104,314 Eagan $1,223,402 $1,153,562 $1,036,072 $905,342 $430,6.15 $925,522... $5,674,515 ,Eden Prairie $843,982 $763,466 _ $629,029 $538,740 $226,682 $464,161 $3,466,060 Edina $528,756 $452,522 $372,664 $303,502 $116,456 $296;148. $2,070,048 Inver Grove Heights $364,345 $364,334 $364,334 $364,334 , $263,211 $516,365 $2,236,923 Lakeville $656,230 $656,230 : - $656,230 $624,037 $305,479 $665,763 $3,563,969 Maple Grove $988;270 $979,793 $854,734 $8251859 $376,631 $797,469 $4;822,756. Maplewood $268,296 $268,296,- $268,296 $268,296 $244,473 $532,540 $1,850,197 Minnetonka $787 ,-Q36 $706,708 $621,952 $551,322 $236,252 $497,593 $3,400,863 Plymouth $737,392 $689,350 $634,691 $591,137 $254,910. $556,923 $3,464,403 Shoreview .$480,123 $428,437 $372,956 $311,183 $139,069 $299,842 $2,031,610 Woodbury $902,448 $857,007 $793;349 $720,184 $344,837 $714,530 $4,332;355 Total: $56,378,314 MUNICIPAL LEGISLATIVE COMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove, Maplewood. Minnetonka. Plymouth, Shoreview, Woodbury May 1, 2009 The Honorable Governor Tim Pawlenty Office of the Governor 130 State,.Capitol 75.Rew Dr. Martin Luther King Jr. Blvd. St. Paul,'MN 55155 Dear Governor Pawlenty, On behalf of the Mayors of the Municipal Legislative Commission (MLC), I would like to thank you for meeting with us on Tuesday, April 28. We greatly appreciate your taking the time to listen and provide feedback on our legislative priorities this session. Specifically, we look forward to working with you on the following issues in the future: . Individual property tax relief - 0 Allowing a levy -back option for lost MVHC (both unallotment and legislative cuts) 'Reexamining the Implicit Price Deflator in the levy limit formula (currently at .7629 %) • Increasing the growth under levy limits to 100% to help developing communities We look forward to continuing our discussions with you in the future, and hope to further establish a partnership between your office and our membership. Sincerely, Mike Maguire Mayor of Eagan Chair, MLC Board of Directors Cc: MLC Board of Directors Brian Steinhoff, Office of Governor Pawlenty League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 I.S. Department of Commerce. Bureau of Economic Analysis http://www.bea.gov/national/nipaweb/Tab]eView.asp?SelectedTabl IL of Economic Analysis ° WIF National Economic Accounts Home About BEA National !ntemational Regional Industry Glossary FAQs About National • Methodologies • Articles • �Release Schedule • Staff Contacts • Email Subscriptions Advanced I EN I A Z LnQfK Home > National Economic Accounts> Interactive Table Home>Ta�t lg lection >view Table Liefp on NIPA Tables Ind e% to NIPA Tables Lin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 National Income and Product Accounts Table Table 1.1.9. Implicit Price Deflators for Gross Domestic Product [Index numbers, 2000 =100] Seasonally adjusted Today is: 4/29/2009 Last Revised on April 29, 2009 Next Release Date May 29, 2009 AData Table Options � 1 Tools Options First Year Last Year Series: r Annual(A) (' Quarterly(Q) r Monthly(M) 12007-A 8 O 2009 -Q r Get all years `6j 6. HTML r Locking Stubs (Enables graph and chart generation) What is that 3 First Year 2007 -A & Q Last Year 2009-0 r Annual(A) (' Quarterly(Q) r_ Monthly(M) F SrteL Ford r Legal (' Letter r Landscape (' Portrait Pfifrter:Frleitdlr _Help on Printing Page creation time = 0.0625 Seconds - page last updated 5 -16 -08 Frequently Requested NIPA Tables celerted Tahlec All Tahlea Index Home I Contact Us I Policies I Accessibility I ESR System I RSS I Information Quality Guidelines I Data Dissemination Practices I Privacy Policy I USA.gov Bureau of Economic Analysis's an agency of the U.S. Department of Commerce. 2007 2007 2007 2007 2008 2008 2008 2008 2009 I II III IV I II III IV I Gross domestic product 118.956 119.547 119.997 120.743 121.508 121.890 123.056 123.244 124.113 ersonal consumption expenditures 116.197 117.241 117.964 119.215 120.277 121.539 123.036 121.509 121.202 Durable goods 87.720 87.367 86.941 86.600 86.584 86.240 86.113 85.360 84.997 Nondurable goods 116.021 117.825 118.675 121.085 123.053 125.014 128.123 122.448 120.831 Services 123.194 124.212 125.173 126.248 127.128 128.445 129.532 129.880 130.226 ross private domestic investment 117.924 117.791 117.691 117.462 117.174 117.564 118.032 119.434 118.803 Fixed investment 118.012 117.946 117.835 118.188 118.116 118.352 119.035 119.399 118.852 Nonresidential 108.654 108.729 108.556 109.010 109.173 109.784 110.909 112.170 111.905 Structures 156.853 157.160 157.384 159.129 160.172 161.486 164.276 167.219 165.800 Equipment and software 94.980 94.994 94.712 94.797 94.699 95.099 95.708 96.429 96.554 Residential 139.197 138.730 136.803 138.780 137.878 136.665 135.512 132.204 130.590 Change inoprivate inventories - -- - -- - -- - -- --- --- --- et exports of goods and services - -- - -- - -- - -- - -- - -- - -- --- --- Exports 114.480 115.963 116.962 118.735 121.337 124.498 126.528 118.541 115.453 Goods 113.154 114.551 115.336 117.035 119.864 123.403 125.083 116.031 112.662 Services 117.636 119.323 120.825 122.771 124.847 127.124 129.992 124.426 121.904 Imports 115.520 119.058 121.208 124.915 128.730 137.144 140.198 124.755 114.329 Goods 113.569 117.102 119.287 123.392 127.441 136.403 139.623 122.223 110.689 Services 125.930 129.468 131.412 132.861 135.364 140.727 142.859 137.866 132.838 overnment consumption expenditures 130.695 132.374 133.482 135.159 137.223 139.573 141.092 138.987 138.767 and gross investment Federal 128.848 130.027 130.331 131.057 132.867 134.540 135.435 134.265 135.099 National defense 130.312 131.683 132.213 133.217 134.885 136.946 137.983 136.400 137.219 �J Nondefense 126.067 126.868 126.718 126.883 128.984 129.865 130.463 130.154 131.024 State and local 131.818 133.794 135.388 137.638 139.854 142.619 144.527 141.825 140.921 ddendum: Gross national product 118.9521 119.5421 219.9901 120.7371 121.4951 121.876 123-0371 123.2261 - DdNrnkiad Dat�s'Sllotggr{G��i)`_� Help with Comma Separated Value (CSV) Download ;Rownloatl Ap Yea'is� {CSV.)_ .;A$vaneed l3owilkiatl � First Year 2007 -A & Q Last Year 2009-0 r Annual(A) (' Quarterly(Q) r_ Monthly(M) F SrteL Ford r Legal (' Letter r Landscape (' Portrait Pfifrter:Frleitdlr _Help on Printing Page creation time = 0.0625 Seconds - page last updated 5 -16 -08 Frequently Requested NIPA Tables celerted Tahlec All Tahlea Index Home I Contact Us I Policies I Accessibility I ESR System I RSS I Information Quality Guidelines I Data Dissemination Practices I Privacy Policy I USA.gov Bureau of Economic Analysis's an agency of the U.S. Department of Commerce. RE: MLC Tax/Fiscal Priorities To our legislative delegation: During the final, weeks of the 2009 regular session, the MLC is taking this opportunity to reiterate a few .tax and fiscal, issues our association has identified as top priorities. We hope you will discuss . these. important issues with the tax conference committee . members and the Governor: 1), Oppose levy limits, or support the following options if they stay in place: • Allow for 100% of growth,(currently only 50 %) • Allow cities the ability to levy- back the loss of MVHC (either due to un- allotment or fiscal year cuts) 2) Address the Implicit Price Deflator (IPD) variable in the levy limit-formula • The levy limit formula is equal to the lesser of 3.9% or IPD. The 2009 IPD is .762, which is less than I%. MLC cities need greater levy authority than the current IPD provides. 3) Support income -based property tax relief (PTR/circuit breaker) • It is important that our residents in need of relief are targeted appropriately, even more so during an economic downtown. Oppose proposed cuts made to the circuit breaker property tax relief program (currently in the Senate omnibus tax bill). 4) Support a study of Fiscal Disparities paid for by the fiscal disparities pool We thank you for being the MLC's voice at the State Capitol, and for the work you have done on behalf of our member cities. Please don't hesitate to contact us if you have any questions on the items listed above. Sincerely, Mike Maguire Mayor of Eagan Chair, MLC Board of Directors Minnesota Institute of Public Finance, Inc. M E M O R A N D U M TO: Minnesota House of Representatives – Tax Committee Minnesota Senate —Tax Committee FROM: Minnesota Institute of Public.Finance DATE: April 30, 2009 SUBJECT: HT 2323 - Impact of Proposal to Remove Exemption of Interest on Minnesota ,Bnnd Issues This Memorandum is submitted by the Minnesota, Institute of Public Finance to describe how the provisions relating to exemption of interest on Minnesota municipal bonds included in HF 2323 (Article 1, Sections 6 and 13) will adversely affect Minnesota cities, school districts, counties and other political ' subdivisions, and the State of Minnesota itself by raising their borrowing costs." Those increased costs will be passed on, in the case of local political subdivisions, to property tax and utility rate payers, in the case of State bonds, to income tax payers, and in the case of non - profit borrowers to the consumers of non- profit services (such as hospitals, nursing homes, affordable housing projects). This proposal will also affect bonds issued, by the Minnesota Housing Finance Agency, and those increased costs will be passed on to low and moderate income persons in the form of reduced housing subsidies. Our organization is concerned that this legislation is being considered without full consideration of the benefits created by the exemption of Minnesota bond interest from (Minnesota takes, and based on a financial analysis that may exaggerate the potential revenue to ,be derived from the proposed change and which does not appear to consider the offsetting costs which will result from the proposed 'change. It appears to us that the revenue impact numbers presented to the House Tax Committee assume that there is no benefit to the issuers of Minnesota bonds from the current exemption of interest on such bonds from Minnesota income taxation. Nothing could be further from the truth. Currently, Minnesota issuers enjoy some of the lowest interest rates on their bonds of any state. This is.primarily the result of the state tax exemption and the demand :from Minnesota residents that it creates. Although only approximately half-of newly` issued Minnesota bonds are "purchased by Minnesota residents, Minnesota bonds enjoy a strong level of interest from nationalabuyers. These buyers appreciate the strong ligdidity in the secondary market that Minnesota bonds have due. to the strong demand that Minnesota residents have for these bonds :' ,Again, this demand, is a result of the current tax exemption Not only would demand for Minnesota bonds from Minnesota residents decrease if they were taxed, but demand from ' The bill includes a special two -year exception for the State, allowing it to issue tax exempt general obligation bonds if the Commissioner of Finance elects to do because „in his or her opinion, exemption will reduce the State's net borrowing costs (based on a specified estimation methodology). This exception expires on July 1, 2011. 2200 First National Bank Building • Saint Paul, MN 55101 • (651) 808 -6404 . Fax (651) 808 -6450 kganley @briggs.com website: mnpublicfinance.org these national buyers would also decrease significantly. The difference in interest rates that Minnesota issuers pay versus those issuers where no state tax exemption exists is significant, both at the state and local levels. A 1996 study by Don Diddams clearly proves this. In today's volatile market, we believe the case is even stronger. Two recent sales prove this point: City of Maplewood General Obligation Sale Date: 3/9/09 Rating: Aa2 5 year yield: 2.45% 10 year yield: 3.45% 15 year yield: 4.25% University of MN Revenue Bond Sale Date: 4/13/09 Rating: Aa2 /AA 5 year yield: 2.29% 12 year yield: 3.95% City of Middleton, WI General Obligation Sale Date: 3/9/09 Rating: AA+ 5 year yield: 2.8% 10 year yield: 3.9% 15 year yield: 4.4% Beaumont, TX General Obligation Sale Date: 4/13/09 Rating: AAA Assured Gty (AA- issuer rating) 5 year yield: 2.57% 12 year yield: 4.40% Many other examples exist which show the clear advantage that the state tax exemption on Minnesota bonds gives to the state and local government entities in Minnesota. As can be seen, the advantage is approximately 35 to 40 basis points on good quality names like the city of Maplewood. Although there is not a comparable same day sale for the State of Minnesota's recent general obligation issue (January 29, 2009), State of Minnesota bond issues have typically been 25 basis points lower than comparable credits, and we believe that advantage continues to exist. For smaller issuers, the advantage is even greater. By placing a state income tax on the interest income derived from these bonds, interest rates will rise to a level comparable to the national market and Minnesota issuers and taxpayers will be the losers, and the burden will disproportionately fall on the smallest issuers. In each of the past two years, the State of Minnesota and its local governmental issuers have issued approximately $6.8 billion of new bonds. Adding 35 basis points to this annual debt will add $23.8 million in annual interest costs to Minnesota governments. Of this total, the state usually issues around $500 million each year. Adding 25 basis points to this debt will add $1.25 million to the state's annual interest costs. State agencies issue another $500 million in annual debt. Adding 30 basis points to this debt will cost the state another $1.5 million each year in debt service. Together, the state and its agencies will pay approximately $2.75 million in additional interest costs. Those additional costs must be taken into consideration as an offset to the revenue projections which have been presented. We also believe that the revenue projections which were presented to the House Tax Committee are based on incorrect assumptions as to the additional revenue which will be derived by the State from the proposed change. As mentioned above, currently about 50% of Minnesota bonds are purchased by Minnesota taxpayers. However, this number would clearly drop if the tax exemption were no longer available, because Minnesota buyers would find Minnesota bonds less attractive and the increased interest rates on Minnesota bonds would attract more non - Minnesota bond buyers. If you assume that this number drops to 30 %, that they all paid the highest tax rate and that the average interest rate was 4 %, the state would realize an additional $6.3 million in revenue. However, when the additional interest costs of just the state and its agencies, as described above, are subtracted from this number, the state would only realize about $3 million in new revenue. Local Minnesota governments and taxpayers would pay an additional $21 million in interest costs each year while the state would realize net new revenue of only $3 million. This significant difference points to the value of retaining the tax exemption. It also demonstrates that any.attempt by the State-to provide some kind of direct subsidy to local governments to compensate for the loss of the tax exemption of bond interest is not in the financial best interests of either the State or the local governments. In sum the benefits to government issuers (and nonprofits for whom. bonds are issued by governments) far exceed any,increase in revenues to the State attributable to taxation of interest on bonds purchased by Minnesota residents. Clearly, the state and its local governments are under some current financial stress. We are concerned that the proposal to tax interest on Minnesota ,municipal bonds will result in' only minimal additional net revenue to.the,State, while significantly increasing the burdens on local governments and their citizens, as well as on the many nonprofit organizations that benefit from the ability of local y. governments to issue tax - exempt bonds on their behalf. As`has been demonstrated for many years, the municipal bond market is a valuable ,tool to maintain and develop infrastructure, create local jobs, and help our thriving nonprofit community to provide necessary services. Convenient, low cost.access to this market is'critical. The federal government has clearly recognized this fact'and is trying many different things to promote and lower the cost of access to this market.as part of the federal stimulus package. We believe that the state government should be doing the same, especially when the economic benefits of doing so are so clearly defined. 3