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HomeMy WebLinkAbout2010-04-06_COUNCIL MEETING4. } AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL APRIL 6, 2010 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 or Council Member 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 March 16, 2010 * II. ADJOURNMENT EDINA CITY COUNCIL * I. APPROVAL OF MINUTES - Regular Meeting of March 16, 2010 and Work Sessions of March 16, 2010 II. AWARD OF BID /CHANGE ORDERS * A. 2 — Ford Transit Connect Vans for Engineering Department * B. Contract PW- 2010 -1A: Commodities Purchase - Sand, Rock, Bituminous Materials, Concrete, and Water Treatment Chemicals * C. Pamela Park Neighborhood Roadway Improvements, Contract No. ENG 10 -2; Improvement Nos. BA -360, SS -449, STS -358 & WM-492 * D. Braemar Hills Neighborhood Reconstruction Contract No. ENG 10-4; Improvement Nos. BA -359, BA -375, BA -376, SS -447, SS -455, SS -456, STS -354, STS -367, STS -368, WM -489, WM- 497,WM -498, L -54, & L -56 * E. Parkwood Knolls Neighborhood Roadway Improvements Contract No. ENG 10- 5; Improvement Nos. BA -362, SS -451, STS -360, & WM-494 * F. Interlachen Circle & Bluff Neighborhood Roadway Improvements, Contract No. ENG 10 -6; Improvement Nos. BA -361, BA -374, SS -450, SS -458, STS -359, STS - 371, WM -486, & WM -493 * G. Multi- Purpose Room Furniture for Public Works Building * H. Office Furniture for New Public Works Building Agenda/Edina City Council April 6, 2010 Page 2 III. REPORTS /RECOMMENDATIONS (Favorable vote of majority of Council Members present to approve except where noted) A. Second Reading Ord. No. 2010 -05 Amending Section 850 Front Street Setbacks (Second Reading: Favorable rollcall vote of three Council Members to pass.) B. Ordinance No. 2010 -07 Amending Section 460 Sign Ordinance Concerning Non Commercial Signs (First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of three Council Members to pass. Waiver of Second Reading: Affirmative rollcall vote of four Council Members to pass.) C. Edina Film Festival Proposal — Edina Art Center Board D. Resolution No. 2010 -32 Accepting Various Donations (Favorable rollcall vote of four Council Members to approve) E. Adopt Update To Edina Purchasing Policy F. Set Hearing Date (4/20/10) Ordinance No. 2010 -08 Building Height Overlay District G. West 69th Street Pavement Condition Update H. Resolution 2010 -33 Approving Joint Powers Agreement with City of Minnetonka for Bren Road — Londonderry Drive TH169 Interchange Project IV. COMMUNITY COMMENT During "Community Comment, " the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speaks on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staff for consideration at a future meeting. V. FINANCE A. CONFIRMATION OF PAYMENT OF CLAIMS As per Pre -List dated March 18, 2010, TOTAL $636,085.35; and Pre -List dated March 25, 2010, TOTAL $1,342,340.33; and Pre -List dated April 1, 2010, TOTAL $403,657.39 and Credit Card Transactions dated 2/26/10 — 3/25/10, TOTAL $4,564.40. B. Preliminary 2009 Year End Financials & Recommended Transfers VI. CORRESPONDENCE AND PETITIONS A. Correspondence B. Request To Amend Liquor Ordinance — Cypress Equities VII. MAYOR AND COUNCIL COMMENTS Tues Tues Tues Sat Sat Tues Tues Tues Tues Thur Tues Tues Tues Tues Mon Agenda /Edina City Council April 6, 2010 Page 3 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 Apr 6 Work Session — City Manager Position 5:00 P.M. COMMUNITY ROOM Apr 6 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Apr 6 Possible Work Session — City Manager Position Following Mtng COMMUNITY ROOM Apr 17 Town Hall Meeting 10:00 A.M. EDINA SENIOR CENTER Apr 17 Work Session — City Manager Position 11:30 A.M. EDINA SENIOR CENTER Apr 20 Work Session — City Manager Position 5:00 P.M. COMMUNITY ROOM Apr 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Apr 20 Possible Work Session — City Manager Position Following Mtng COMMUNITY ROOM Apr 27 Study Session — to be determined 11:00 A.M. COMMUNITY ROOM Apr 29 Volunteer Recognition 5:00 P.M. EDINBOROUGH GREAT HALL May 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS May 18 Work Session — Joint Meeting with Planning Commission 5:00 P.M. COMMUNITY ROOM May 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS May 25 Study Session — to be determined 7:00 A.M. COMMUNITY ROOM May 31 MEMORIAL DAY HOLIDAY OBSERVED — City Hall Closed MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL MARCH 16, 2010 7:00 P.M. ROLLCALL Answering rollcall were Commissioners Bennett, Brindle, Housh, Swenson and Chair Hovland. CONSENT AGENDA APPROVED Motion made by Commissioner Bennett and seconded by Commissioner Swenson 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 MARCH 2, 2010, APPROVED Motion made by Commissioner Bennett and seconded by Commissioner Swenson approving the Minutes of the Regular Meeting of the Edina Housing and Redevelopment Authority for March 2, 2010. 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 7:06 p.m. Respectfully submitted, Marketing & Communications Director MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELDAT CITY HALL MARCH 16, 2010 7:07 P.M. ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Bennett and seconded by Member Swenson approving the Council Consent Agenda with the exception of Item 4.E., Resolution 2010 -31 acknowledging the phase improvements of the 1- 494ITH169 interchange. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. EMPLOYER SUPPORT FOR GUARD RESERVE (ESGR) Retired Air Force Reserve Brigadier General Dennis Schulstad and Jim Sullivan, Executive Director of the Employer Support for Guard Reserve, presented a Patriot Award to Police Chief Long for the Police Department's support of the Guard Reserve. Police Chief Long accepted the award, noting it spoke to the quality of the City's employees, and Police Officers Brandon Kuske and Kevin Rofidal were two of the City's best. It was noted the ESGR annual meeting was scheduled for June 7, 2010, at a location to be announced, and all were invited to attend. 2010 CENSUS DAY PROCLAIMED Mayor Hovland read a proclamation declaring April 1, 2010, to be Census 2010 Day and encouraged all to participate. Member Brindle made a motion, seconded by Member Swenson, adopting a proclamation declaring April 1, 2010 to be Census 2010 Day in the City of Edina. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *MINUTES APPROVED - REGULAR MEETING OF MARCH 2, 2010, WORK SESSION OF MARCH 2, 2010, AND CLOSED SESSION OF MARCH 2, 2010 Motion made by Member Bennett and seconded by Member Swenson approving the minutes of the regular meeting of March 2, 2010, work session of March 2, 2010, and closed session of March 2, 2010. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD - ORDINANCE 2010 -05 GRANTED FIRST READING - AMENDING THE CITY CODE CONCERNING THE REGULATION FOR FRONT - STREET SETBACKS IN THE R -1, SINGLE - DWELLING UNIT DISTRICT Affidavits of Notice presented and ordered placed on file. Planning Director Teague presented the recommendation of staff and the Planning Commission to amend an -Edina Code Section 850 concerning the front - street setback requirement in the R -1, Single- Dwelling Unit District. He explained that as part of the lawsuit with JMS regarding a front - street setback variance at 6120 Brookview Avenue, the judge found the City's front - street setback regulations were unworkable. The current front - street setback allowed three options to determine a front setback: 1. the average of all front setbacks on the block; 2. to draw a line parallel with the front lot line between the homes on either side to establish the front setback for the lot; or, 3. if there was a vacant lot on one side and a home on the other, the existing home established the setback. City Attorney Knutson explained why a lot could not fall under more than one scenario. He advised the court found with the subject property that a parallel line could not be drawn between the houses on either side. Mr. Teague explained that in preparing this draft, the goal was to not significantly vary from the current standard but to clarify the language. The Planning Page 1 Minutes /Edina City Council /March 16, 2010 Commission intended to continue to examine the ordinance language so there may be additional amendments after further review. Mr. Teague'stated the amendment would a�lo °e;aTiw determine front -yard setbacks other than the standard 30 feet according to one of the following thr�cenarios 1. if there was an existing home on one side and the. other side was vacant or a street, the °°+h.enL w-as the r°°,° °� the existiRg h the required setback would be that of the existing house; 2. if there were homes on either side of the lot, the average of the two homes would establish the setback for the middle lot; or, 3. the average setback of the entire block would determine the required front - street setback. The Council asked whether a lot could.fall under more than one scenario. Mayor Hovland opened the public hearing at 7:16 p.m. Public Testimony Jacqueline Whitbeck, 6128 Brookview Avenue, addressed the Council. Janey Westin, 6136 Brookview Avenue, addressed the Council. Member Bennett made a motion, seconded by Member Housh, to close the public hearing. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Mr. Teague answered questions raised during public testimony and suggested a definition of "intersection" to provide clarity. The City Attorney stated staff would refine the definition prior to second reading. Mr. Teague presented examples of when scenario three would be used. Member Brindle made a motion, seconded by Member Housh, to grant First Reading of Ordinance No. 2010 -05, amending the City code concerning the regulation for front - street setbacks in the R -1, Single- Dwelling Unit District. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *CHANGE ORDER - EDINA PUBLIC WORKS - UNIT MASONRY Motion made by Member Bennett and seconded by Member Swenson approving a change order for Edina Public Works, Improvement PW -1, contract 5C: unit masonry for the new Edina Public Works building. Motion carried on rollcall vote - five ayes. *CHANGE ORDER - EDINA PUBLIC WORKS - MISCELLANEOUS METAL MATERIALS Motion made by Member Bennett and seconded by Member Swenson approving a change order for Edina Public Works, Improvement PW -1, contract 5D: miscellaneous metals material. Motion carried on rollcall vote - five ayes. *CHANGE ORDER - EDINA PUBLIC WORKS - MISCELLANEOUS METALS INSTALLATION Motion made by Member Bennett and seconded by Member Swenson approving a change order for Edina Public Works, Improvement PW -1, contract 5E, miscellaneous metal installation. Motion carried on rollcall vote - five ayes. *CHANGE ORDER - EDINA PUBLIC WORKS - ACCORDION FOLDING PARTITIONS Motion made by Member Bennett and seconded by Member Swenson approving a change order for Edina Public Works, Improvement PW -1, contract 5M, accordion folding partitions. Motion carried on rollcall vote - five ayes. Page 2 Minutes /Edina City Council /March 16, 2010 EDINA PURCHASING POLICY DISCUSSED Assistant Finance Director Roggeman presented recommended revisions to the City's purchasing policy to address inflation, changes in business practices, and changes in State law. The Council discussed the proposed revisions, noting it was still more restrictive than allowed by State statutes. The Council indicated support for Changes 1 and 3, but concern was expressed about Change 2 that increased the competitive bidding threshold level from $25- 35,000, depending on the project type, to $100,000 4lieR do^^ OR •h6 "'@q4yp Mr. Roggeman answered questions of the Council, noting the policy revisions would create a document that was easier to understand and reduce paperwork. The City Attorney offered to provide copies of relevant State statutes. The Council discussed the cumbersomeness of the competitive bidding process and restriction to award to the lowest responsible bidder, removing the Council's discretionary ability. Support was indicated to require quotes rather than leaving it discretionary: Assistant City Manager Worthington suggested the policy require obtaining a certain.number of quotes. It was noted that State law required that all purchases over $20,000 must come before the Council, at which time it could be determined whether bids should be obtained. Engineer /Public Works Director Houle provided examples of Public Works Department projects that had gone out for bids and the costs involved with creating plans and specifications, and to advertise. It was noted the recommended revisions would save money and in the end, the Council would make the decision whether or not to purchase. Council consensus was reached to table consideration of the Edina purchasing policy to April 6, 2010, and direct staff to provide more facts regarding liability for purchases, statutory provision that served as a basis, and rationale for dollar thresholds. RESOLUTION NO. 2010 -29 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 Bennett introduced and moved adoption of Resolution No. 2010 -29, accepting various donations. Member Brindle seconded the motion. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. ORDINANCE NO. 2010 -06 ADOPTED — PERSONNEL ORDINANCE REGARDING TEMPORARY SEASONAL EMPLOYEES Assistant City Manager Worthington presented a recommendation to adopt an ordinance to amend Section 150 by removing temporary part-time seasonal employees from being eligible for paid rest periods and holidays. The Council discussed the draft ordinance and requested amendments to the proposed verbiage." Member Swenson made a motion, seconded by Member Bennett to grant First and waiver of Second Reading adopting Ordinance No. 2010 -06, amending Section 150.15 of the City code concerning rest periods and holidays, to indicate: "all regular full time employees are entitled to time off..." and strike the duplicate phrase including typographical error indicating: "if they world normally be scheduled to work on the day." Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *RESOLUTION NO. 2010 -30 ADOPTED. ELECTION ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES (EAID) GRANT FUND APPLICATION APPROVED Motion made by Member Bennett and seconded by Member Swenson to adopt Resolution No. 2010 -30, authorizing application for EAID accessibility grant on behalf of the City of Edina. Motion carried on rollcall vote — five ayes. RESOLUTION NO. 2010 -31 ADOPTED — PHASE IMPROVEMENTS ACKNOWLEDGED OF THE 1- 494/TH169 INTERCHANGE Mr. Houle advised of several revisions that would be made to Page 3 Minutes /Edina City Council /March 16, 2010 the verbiage and presented details of the Valley View Road interchange layout. He noted the cooperative agreement would be presented in about one month and contained language to commit to look at the interchange five years after this project to determine whether future improvements would be needed. Mr. Houle reviewed the cost shares for Edina and other cities involved, noting it was in line with the revised project. The Council expressed concern regarding the safety of pedestrians and bicyclists on the bridge overpass and acknowledged the importance of this project for Edina and other communities. Member Swenson introduced and moved adoption of Resolution No. 2010 -31, acknowledging the phased improvements of the 1- 494/TH -169 interchange, S.P. 2776 -03. Member Bennett seconded the motion. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *TRAFFIC SAFETY REPORT RECEIVED Motion made by Member Bennett and seconded by Member Swenson receiving and approving traffic safety staff review of Wednesday, March 3, 2010. Motion carried on rollcall vote — five ayes. COMMUNITY COMMENT Dianne Plunkett Latham, 17013 Comanche Court representing the League of Women Voters, ,7443 addressed the Council regarding the League's study on access to public facilities s+#es. Josh Sprague, 4720 West 70th Street, addressed the Council regarding the search process for a City Manager. Jacqueline Whitbeck, 6128 Brookview Avenue, addressed the Council regarding residential building setback and subdivision requirements and requested a tree ordinance be established. Janey Westin, 6136 Brookview Avenue, addressed the Council regarding the search process for a City Manager. She stated support for a tree preservation ordinance that would also address regulations to eradicate invasive buckthorn. Laura Davis, 6032 Oaklawn Avenue, addressed the Council regarding the search process for a City Manager. Kitty. O'Dea, 4610 Bruce Avenue, addressed the Council regarding the search process for a City Manager. She opined there were no grounds to change the Certificate of Appropriateness consideration process under review by the Heritage Preservation Board. Ms. O'Dea supported appointment of Bob Kojetin as an ex officio member of the Board. Scott Edstrom, 305 Coventry Lane, addressed the Council and provided an update on the favorable outcome with Metro Transit to provide timely access for bus routes 6e and 6f. Mayor Hovland thanked Mr. Edstrom and Edina's Metropolitan Council Representative Polly Bowles for their work on this matter. Andy Otness, 5433 Kellogg Avenue, addressed the Council, regarding the search process for a City Manager. John Bohan, 800 Coventry Place, addressed the Council regarding the search process for a City Manager. *CONFIRMATION OF CLAIMS PAID Motion made by Member Bennett and seconded by Member Swenson approving payment of the following claims as shown in detail on the Page 4 Minutes /Edina City Council /March 16, 2010 Check Register dated March 4, 2010, and consisting of 30 pages; General Fund $178,546.58; Communications Fund $1,777.41; Police Special Revenue $10,538.13; Working Capital Fund $94,463.69; Equipment Replacement Fund $13,359.38; Art Center Fund $15,896.43; Golf Dome Fund $2,368.80; Golf Course Fund $7,507.16; Ice Arena Fund $4,107.05; Edinborough /Centennial Lakes Fund $28,625.81; Liquor Fund $127,748.40; Utility Fund $52,410.92; PSTF Agency Fund $9,873.59; TOTAL $547,223.35 and for approval of payment of claims dated March 11, 2010, and consisting of 28 pages; General Fund $151,504,84; Communications Fund $912.96; Police Special Revenue $1,004.13; General Debt Service Fund $833.75; City Hall Debt Service $1,000.00; PIR Debt Service Fund $1,202.50; Working Capital Fund $1,509.295.71; Art Center Fund $1,852.96; Golf Dome Fund $2,270.49; Aquatic Center Fund $87.74; Golf Course Fund $12,869.13; Ice Arena Fund $56,829.54; Edinborough /Centennial Lakes Fund $3,259.15; Liquor Fund $198,082.31; Utility Fund $385,911.29; Storm Sewer Fund $266.44; PSTF Agency Fund $100.00; TOTAL $2,327,282.94; and, Credit Card Transactions dated January 26 — February 25, 2010; TOTAL $2,956.40. Motion carried on rollcall vote — five ayes. CITY MANAGER HUGHES COMMENDED It was noted that City Manager Hughes had submitted his resignation effective on August 1, 2010. The Council extended its appreciation to Gordon Hughes for 36 years of competent, faithful, and dedicated service to the City of Edina. HERITAGE PRESERVATION BOARD BYLAWS The Council requested a future discussion of the Heritage Preservation Board (HPB) bylaws related to ex- officio non - voting membership. The Council questioned whether Historical Society Member Bob Kojetin could participate as an ex- officio non - voting HPB member while the HPB bylaws were under discussion. Ms. Worthington stated staff would research what had been discussed at the meeting and provide a recommendation to the Council. There being no further business on the Council Agenda, Mayor Hovland adjourned the meeting to an open work session at 8:43 p.m. Respectfully submitted, Jennifer Bennerotte Communications & Marketing Director Minutes approved by Edina City Council, April 6, 2010. James B. Hovland, Mayor Video Copy of the March 16, 2010, meeting available. Page 5 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 16, 2010 8:53 P.M. Mayor Hovland called the meeting to order at 8:53 p.m. in the Community Room of City Hall following the regular meeting of the Edina City Council. Answering roilcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. Staff attending the meeting included: Roger Knutson, City Attorney; Ceil Smith, Assistant to the City Manager; and Jennifer Bennerotte, Communications & Marketing Director. Gordon Hughes will retire as City Manager on July 30, 2010. Mayor Hovland explained that the purpose of the meeting was to discuss the process to be used to hire a new City Manager. He suggested the Council discuss the geographic scope of the search for a new City Manager, whether a consultant should be hired to assist with the process and for what purpose, and the salary range for the new City Manager. Mayor Hovland suggested a consultant be hired to assist the Council in leading focus groups in the community to develop a candidate profile. Then, a two- member committee of the Council would lead a search for candidates, beginning in the seven - county metropolitan area. Member Bennett suggested instead that the Council follow a process similar to that used by Edina Public Schools to hire a superintendent a few years ago. Edina Public Schools hired a national consultant to find candidates, which the Board of Education reviewed as a committee of the whole. Because it is important candidates have a good understanding of Minnesota financing, among other things, Council members agreed the search should start as one based in Minnesota. If sufficient candidates do not surface, the search could be broadened. The Council also agreed to consider hiring a consultant either for the initial community outreach efforts or for a full search. Mayor Hovland will contact Personnel Decisions Incorporated (PDI) and other possible consultants to obtain specific information regarding their services and fees. T-14e the initial phase The Council set its next meeting to discuss the process for 5 p.m. April 6. At that time, they will discuss the proposals for community outreach and continue discussing whether a consultant should be hired to assist with more of the process. There being no further business, Mayor Hovland adjourned the meeting at 10:18 p.m. Respectfully submitted, Jennifer Bennerotte, Communications & Marketing Director Minutes approved by Edina City Council, April 6, 2010 James B. Hovland, Mayor MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 16, 2010 8:53 P.M. Mayor Hovland called the meeting to order at 8:53 p.m. in the Community Room of City Hall following the regular meeting of the Edina City Council. Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. Staff attending the meeting included: Roger Knutson, City Attorney; Ceil Smith, Assistant to the City Manager; and Jennifer Bennerotte, Communications & Marketing Director. Gordon Hughes will retire as City Manager on July 30, 2010. Mayor Hovland explained that the purpose of the meeting was to discuss the process to be used to hire a new City Manager. He suggested the Council discuss the geographic scope of the search for a new City Manager, whether a consultant should be hired to assist with the process and for what purpose, and the salary range for the new City Manager. Mayor Hovland suggested a consultant be hired to assist the Council in leading focus groups in the community to develop a candidate profile. Then, a two- member committee of the Council would lead a search for candidates, beginning in the seven - county metropolitan area. Member Bennett suggested instead that the Council follow a process similar to that used by Edina Public Schools to hire a superintendent a few years ago. Edina Public Schools hired a national consultant to find candidates, which the Board of Education reviewed as a committee of the whole. Because it is important candidates have a good understanding of Minnesota financing, among other things, Council members agreed the search should start as one based in Minnesota. If sufficient candidates do not surface, the search could be broadened. The Council also agreed to consider hiring a consultant for the initial community outreach efforts. Mayor Hovland will contact Personnel Decisions Incorporated (PDI) and other possible consultants to aid in the initial phase. The Council set its next meeting to discuss the process for 5 p.m. April 6. At that time, they will discuss the proposals for community outreach and continue discussing whether a consultant should be hired to assist with more of the process. There being no further business, Mayor Hovland adjourned the meeting at 10:18 p.m. Respectfully submitted, Jennifer Bennerotte, Communications & Marketing Director Minutes approved by Edina City Council, April 6, 2010 James B. Hovland, Mayor 0 N�`:�' REQUEST FOR PURCHASE ae 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: April 6, 2010 AGENDA ITEM H.A. ITEM DESCRIPTION: 2 - Ford Transit Connect Vans for Engineering Department DATE BID OPENED OR QUOTE RECEIVED 11 BID OR QUOTE EXPIRATION DATE March 25, 2010 NA Company Amount of Quote or Bid 1. Elk River Ford Dodge Jeep (State Contract #442458) $ 41,370.56 RECOMMENDED QUOTE OR BID: Elk River Ford Dodge Jeep $ 41,370.56 GENERAL INFORMATION: This is a purchase for two Ford Transit Connect Vans for the Engineering Department. These vans will replace a 1997 E250 Survey Cargo Van Unit 24.226 and a 1995 S -10 Chevrolet pickup truck - Unit 24.225; both the vehicles will be sold at auction this fall. One van will be used by a survey crew and the other by the traffic safety coordinator. Staff is recommending to downsize the existing survey van due to technology now used for surveying and construction staking. The Ford Transit Connect Van has a fuel economy of 22 mpg city with a payload capacity similar to a full size pickup. This purchase is through the State of Minnesota Purchasing Program and is funded through the Engineering Equipment replacement budget through the Capital Improvement Program. Public Works — Engineering Signature Department The Recommended Bid is Y within budget not with' bu get Johfi WOO/, inance Director ordon Hugfieg, Aty Manager G:\ EngineeringW dministration \CORRENG\Purchases\20100406 rfp two transit vans engineering dept.docx 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 Revised 4/6/10 DATE: April 6, 2010 AGENDA ITEM ITEM DESCRIPTION: Contract PW- 2010 -1A: Commodities Purchase - Sand, Rock, Bituminous Materials, Concrete, and Water Treatment Chemicals. DATE BID OPENED OR QUOTE RECEIVED March 18, 2009 Company 1. See Attached Tabulation RECOMMENDED QUOTE OR BID: Award to companies as listed on attached page. BID OR QUOTE EXPIRATION DATE May 3, 2009 Amount of Quote or Bid 1. See Attached Tabulation GENERAL INFORMATION: This is the bid establishing prices for certain materials used in public works projects. The prices are firm for a period of one year (April 1, 2010 to March 31, 2011). The funds for the purchases come from the money allocated to the operating section of the budget (1300, 1500, and 5900 accounts). Prices of previous year are compared where applicable. The largest increase that we have this year is Caustic Soda at 25.77 %; Caustic Soda is used in water treatment process. Staff does not feel that the increases in chemical costs will affect the water system, siriclr these increases were anticipated in our budget. Based on our current budgets, any increase in prices will affect the amount of material that we can purchase and place, such as asphalt patching, etc. L / /U`_ A, Public Works: Utilities & Streets Dept. Department The Recommended Bid is K L— within budget not within budget Jo alli Finance Director Gordon Hughes, 7V anager GAPublic Works - Ublibes\Hdrrdnistrabon \Commodities \Commodity 2010\2010 rfp 2010 COMMODITIES.docx 8kAe 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: April 6, 2010 AGENDA ITEM II. B. ITEM DESCRIPTION: Contract PW- 2010 -1A: Commodities Purchase - Sand, Rock, Bituminous Materials, Concrete, and Water Treatment Chemicals. DATE BID OPENED OR QUOTE RECEIVED BID OR QUOTE EXPIRATION DATE March 18, 2009 May 3, 2009 Company Amount of Quote or Bid 1. See Attached Tabulation 1. See Attached Tabulation RECOMMENDED QUOTE OR BID: Award to companies as listed on attached page. GENERAL INFORMATION: This is the bid establishing prices for certain materials used in public works projects. The prices are firm for a period of one year (April 1, 2010 to March 31, 2010). The funds for the purchases come from the money allocated to the operating section of the budget (1300, 1500, and 5900 accounts). Prices of previous year are compared where applicable. The largest increase that we have this year is Caustic Soda at 25.77 %; Caustic Soda is used in water treatment process. Staff does not feel that the increases in chemical costs will affect the water system, since these increases were anticipated in our budget. Based on our current budgets, any increase in prices will affect the amount of material that we can purchase and place, such as asphalt patching, etc. Signature The Recommended Bid is r < within budget not within budget G:Tublic Works - UtilitiesWdministrationlCommodities \Commodity 2010\2010 rfp 2010 COMMODITIES.docx Public Works: Utilities & Streets Dept. Department Hughes; in, �Kayice Director er 2010 COMMODITIES BID RESULTS: SAND, ROCK, BITUMINOUS MATERIALS, CONCRETE, WATER TREATMENT CHEMICALS & HYDRANTS BID ITEM NO UNIT ITEM COMPANY 2010 2009 Comparison Of % +Or- 1 Ton Coarse Washed Sand Del SA -AG $ 7.00 $ 7.00 0.00% 1 Ton Coarse Washed Sand PU SA -AG $ 2.73 Not Awarded - 2 Ton CI.2 Limestone Del Kramer Mining & Materials $ 14.16 $ 14.37 -1.46% 2 Ton Cl. 2 Limestone PU Kramer Mining & Materials $ 7.60 Not Awarded - 3 Ton FA -2 Seal Coat Chips Del Dresser Trap Rock Inc $ 39.40 $ 38.10 3.41% 3 Ton FA -2 Seal Coat Chips PU Dresser Trap Rock Inc $ 26.90 $ 27.40 - 1.82% 4A *Ton Asphalt 2350 Base Type 31 or 32 CS McCrossan PU $ 40.00 $ 55.25 - 27.60% Alt Commercial Asphalt PU $ 43.75 $ 39.00 12.18% Alt Bituminous Roadways PU $ 46.00 $ 47.25 - 2.65% Alt Midwest Asphalt PU $ 51.95 $ 47.50 9.37% Bituminous Roadways - Del $ 54.50 $ 47.50 14.74% Alt Midwest Asphalt Del $ 55.95 $ 55.25 1.27% 46 *Ton Asphalt 2350 Base Type 41 or 42 CS McCrossan PU $ 46.60 $ 45.00 3.56% Alt Commercial Asphalt PU $ 47.10 $ 45.00 4.67% Alt Bituminous Roadways PU $ 47.75 $ 49.50 -3.54% Alt Bituminous Roadways PU $ 47.75 $ 49.75 -4.02% Alt Midwest Asphalt PU $ 53.95 $ 49.75 8.44% Bituminous Roadways - Del $ 56.25 $ 58.00 - 3.02% Alt Midwest Asphalt - Del $ 57.95 $ 58.00 -0.09% 4C *Ton Asphalt 2350 Wear Type 41 or 42 CS McCrossan PU $ 43.00 $ 44.00 - 2.27% Alt Commercial Asphalt PU $ 43.25 $ 46.90 -7.78% Alt Bituminous Roadways PU $ 45.60 $ 47.85 -4.70% Alt Midwest Asphalt PU $ 51.95 $ 47.85 8.57% Bituminous Roadways - Del $ 54.10 $ 55.25 -2.08% Alt Midwest Asphalt - Del $ 55.95 $ 55.25 1.27% 4D *Ton Asphalt 2360 Wear Type 31 or 32 Commercial Asphalt PU $ 51.15 $ 45.00 13.67% Alt CS McCrossan PU $ 53.00 $ 51.75 2.42% Alt Midwest Asphalt PU $ 58.00 $ 55.00 5.45% Alt Bituminous Roadways PU $ 63.70 $ 55.00 15.82% Midwest Asphalt - Del $ 62.00 $ 59.25 4.64% Alt Bituminous Roadways - Del $ 72.20 $ 59.25 21.86% 5 CY Delivered Concrete 3+ Yds. AVR, Inc. $ 96.00 $ 112.00 - 14.29% CY Delivered Concrete 1 -3 Yds. AVR, Inc. $ 109.00 Not Awarded - 6 Ton Emulsified Asphalt CRS -2 Flint Hill Resources $ 440.00,$ 410.64 7.15% BID ITEM NO UNIT ITEM COMPANY 2010 2009 Comparison Of % +Or- 6 Ton Emulsified Asphalt CRS -2P Henery G. Mei s, LLC $ 510.00 $ 495.48 2.93% 7 Ton Emulsified Tack Oil Flint Hill Resources $ 450.00 $ 436.00 3.21% 8 LB Crack Joint Sealer #3725 BrockWhite $ 0.60 $ 0.56 7.14% 9 CWT H drofluosilicic Acid DPC Industries $ 42.52 $ 38.57 10.24% 10 CWT Liquid Chlorine DPC Industries $ 35.60 $ 34.60 2.89% 11 Gal. Water Treatment Chemical (Poly) DPC Industries $ 6.40 $ 6.83 -6.30% 12 Gal Tonkazorb 3% Hawkins, Inc. $ 7.65 $ 7.25 5.52% 13 CWT Caustic Soda Hawkins, Inc. $ 42.75 $ 33.99 25.77% 14 A EA San. Sew. R1733 Cover Complete Northern Waterworks $ 228.50 $ 490.00 - 53.37% 14B EA Storm Sew. Rnd. R2548 Northern Waterworks $ 235.10 Not - Awarded - 14C EA Storm Sew. Rect. 3067V Northern Waterworks $ 354.40 Not Awarded - 14 A EA Castro Only - San. Sew. R1733 Ess Brothers & Sons, Inc. Alt Bid $ 112.00 Not Awarded - 14B EA Castro Only - Storm Sew. Rnd. R2548 Ess Brothers & Sons, Inc. Alt Bid $ 134.00 Not Awarded - 14C EA Castro Only - Storm Sew. Rect. 3067V Ess Brothers & Sons, Inc. Alt Bid $ 112.00 Not Awarded - 14 A EA Lid Only - San. Sew. R1733 Ess Brothers & Sons, Inc. Alt Bid $ 260.00 Not Awarded - 14B EA Lid Only - Storm Sew. Rnd. R2548 Ess Brothers & Sons, Inc. Alt Bid $ 120.00 Not Awarded - 14C EA Lid On - Storm Sew. Rect. 3067V Ess Brothers & Sons, Inc. Alt Bid $ 138.00 Not Awarded - 15 Ton Red Ball Aggregate No Bid Submitted will be quoted by Park Department - 16 SF Lannon Stone Wall Repair Blackstone Contractors $ 25.00,$ 24.00 4.17% 17A EA Waterous Pacer Classics Northern Waterworks $ 2,491.001 Not Awarded - 17B EA Clow Medallion Northern Waterworks $ 2,491.00 1 Not Awarded - Notes: These items are awarded on basis of total cost per ton Incl. trucking & labor, and past years performance. This is a summation of bids taken for commodities used by Public Works and Parks. Typically, there are one to four bidders on each item. The asphalt bids are always awarded with an alternate plant site (single asterisk) because of the need to continue using asphalt during the summer and plant overloading or shut down does occur every summer. ✓ Item 9, 10 and 11 are awarded together as a tied bid ✓ Item 14 A, B, and C are awarded together as a tied bid 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: April 6, 2010 AGENDA ITEM ITEM DESCRIPTION: Pamela Park Neighborhood Roadway Improvements Contract No. ENG 10 -2; Improvement Nos. BA -360, SS -449, STS -358 & WM -492 DATE BID OPENED OR QUOTE RECEIVED March 23, 2010 Company 1. Midwest Asphalt Corporation 2. Valley Paving, Inc. 3. Astech Corporation 4. Max Steininger, Inc. 5. Northwest Asphalt, Inc. 6. Hardrives, Inc. 7. GMH Asphalt Corporation 8. Palda & Sons, Inc. 9. Wm. Mueller & Sons, Inc. RECOMMENDED QUOTE OR BID: Midwest Asphalt Corporation BID OR QUOTE EXPIRATION DATE 22, 2010 Amount of Quote or Bid $ 1,515,279.90 $ 1,564,641.83 $ 1,603,640.26 $ 1.611,124.21 $ 1,619,853.53. $ 1,622,999.09 $ 1,633,329.47 $ 1,777,882.35 $ 1,779,312.54 $1,515,279.90 GENERAL INFORMATION: This project is for street and utility improvements throughout Pamela Park Neighborhood. The project includes reconstructing the existing roadways, adding curb and gutter, rehabilitating the sanitary sewers and watermain and upgrading the storm sewer systems. The project was ordered by the Edina City Council at the December 15, 2009, Public Hearing. This project will be funded by special assessments and respective utility funds. The Feasibility Study overall project cost estimate was $3,147,000; the updated overall project cost is estimated at $1,910,000. Staff recommends awarding the project to Midwest Asphalt. Signature The Recommended Bid is K within budget not within bu,*et, Public Works — Utilities Department Gbrdldn Hughes, Citwanager GAEngineering \Contract Numbers\2010 \ENG 10 -2 Pamela Park Neighborhood\ADMINUVIISC\ENG 10 -2 FP.doc r. Director 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: April 6, 2010 AGENDA ITEM II.D. ITEM DESCRIPTION: Braemar Hills Neighborhood Reconstruction Contract No. ENG 10 -4; Improvement Nos. BA -359, BA -375, BA -376, SS -447 SS -455, SS -456, STS -354, STS -367, STS -368, WM -489, WM -497, WM -498, L- 54. & L -56 DATE BID OPENED OR QUOTE RECEIVED March 30. 2010 Company 1. Midwest Asphalt Corporation 2. GMH Asphalt Corportation 3. Valley Paving, Inc. 4. Kuechle Underground, Inc. 5. Hardrives, Inc. 6. Northwest Asphalt, Inc. 7. Palda and Sons, Inc. 8. Forest Lake Contracting 9. S R Weidema Inc. RECOMMENDED QUOTE OR BID: Midwest Asphalt Corporation BID OR QUOTE EXPIRATION DATE 30.2010 Amount of Quote or Bid $ 990,976.05 $ 999,176.76 $ 1,005,990.46 $ 1,086,046.20 $ 1,128,523.21 $ 1,132,167.03 $ 1,148, 266.50 $ 1,174,612.03 $ 1,287,168.73 $ 990,976.05 GENERAL INFORMATION: This project is for street and utility improvements throughout Braemar Hills Neighborhood. The project includes reconstructing the existing roadways, rehabilitating the curb and gutter, rehabilitating the sanitary sewers, watermain, and upgrading the storm sewer systems. The project was ordered by the Edina City Council at the January 19, 2010, Public Hearing. This project will be funded by special assessments and respective utility funds. The Feasibility Study overall project cost estimate was $1,710,890; the updated overall project cost is estimated at $1,192,555.37. Staff recommends awarding the oroiect to Midwest Asphalt Corporation. Public Works — Utilities The Recommended Bid is �--"�- within budget not withi udg t Wall , Finance Director 04don Hughes, C`i Manager GAEngineering \Contract Numbers\2010 \ENG 10-4 Braemar Hills N'hood (Bror Rd, Moccasin Valley)1HDMIN \MISC \ENG 10-4 RFP.docx w91��r� o �y 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: April 6, 2010 AGENDA ITEM II.E. ITEM DESCRIPTION: Parkwood Knolls Neighborhood Roadway Improvements Contract No. ENG 10 -5; Improvement Nos. BA -362, SS -451, STS -360, & WM -494 DATE BID OPENED OR QUOTE RECEIVED March 25, 2010 Company 1. Northwest Asphalt, Inc. 2. Midwest Asphalt Corporation 3. Valley Paving, Inc. 4. GMH Asphalt Corporation 5. Hardrives, Inc. .6. Max Steininger, Inc. 7. Rum River Contracting Company 8. Kuechle Underground, Inc. 9. Palda & Sons, Inc. 10. S.R. Weidema, Inc. RECOMMENDED QUOTE OR BID: Northwest Asphalt, Inc. BID OR QUOTE EXPIRATION DATE Mav 24, 2010 Amount of Quote or Bid $ 946,661.10 $ 969,998.25 $ 1,013,167.34 $ 1,044,149.25 $ 1,082,950.35 $ 1,096,601.01 $ 1,195, 067.31 $ 1,218,903.62 $ 1,231,227.07 $ 1,230,779.35 $ 946,661.10 GENERAL INFORMATION: This project is for street and utility improvements throughout Parkwood Knolls Neighborhood. The project includes reconstructing the existing roadways, adding curb and gutter, rehabilitating the sanitary sewers and watermain and upgrading the storm sewer systems. The project was ordered by the Edina City Council at the January 5, 2010, Public Hearing. This project will be funded by special assessments and respective utility funds. The Feasibility Study overall project cost estimate was $1,657,423.94; the updated overall project cost is estimated at $1,287,340.76. Staff recommends awarding the project to Northwest Asphalt, Inc. , Public Works — Utilities ignature The Recommended Bid is within budget not within .14-1dg W i ,Finance Director rdon Hugh A, CI Manager GAEngineering \Contract Numbers\2010 \ENG 10 -5 Parkwood Knolls Neighborhood\ADMINWISC\ENG 10 -5 RFP.doc 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: April 6, 2010 AGENDA ITEM ME ITEM DESCRIPTION: Interlachen Circle & Bluff Neighborhood Roadway Improvements Contract No. ENG 10 -6; Improvement Nos. BA -361, BA -374, SS -450, SS -458. STS -359. STS -371. WM -486. & WM-493 DATE BID OPENED OR QUOTE RECEIVED II BID OR QUOTE EXPIRATION DATE March 25, 2010 Company 1. Omann Brother's Paving Inc. 2. GMH Asphalt Corporation 3. Northwest Asphalt, Inc. 4. Valley Paving, Inc. 5. Midwest Asphalt Corporation 6. Hardrives, Inc. 7. Kuechle Underground, Inc. 8. S.R. Weidema, Inc. 9. Palda & Sons, Inc. RECOMMENDED QUOTE OR BID: Omann Brother's Paving Inc. 11 May 24, 2010 Amount of Quote or Bid $ 233,518.15 $ 242,986.85 $ 245, 820.88 $ 258.281.90 $ 274,462.25 $ 291,915.39 $ 298,740.50 $ 321,517.80 $ 322,171.36 $ 233,518.15 GENERAL INFORMATION: This project is for street and utility improvements for both Interlachen Circle and Interlachen Bluff Neighborhoods. The project includes reconstructing the existing roadways, rehabilitating the curb and gutter, rehabilitating the sanitary sewers, watermain, and storm sewer systems. The project was ordered by the Edina City Council at the January 19, 2010, Public Hearing. This project will be funded by special assessments and respective utility funds. The Feasibility Study overall project cost estimate for both projects was $367,733; the updated overall project cost is estimated at $317,555. Staff recommends awarding the Droiect to Omann Brother's Paving. Inc. nature The Recommended Bid is ,✓ . within budget Public Works — Utilities GAEngineering \Contract Numbers\2010 \ENG 10-6 Interlachen Circle & Bluff NeighborhoodMADMINNISC\ENG 10-6 RFP.doc I 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: April 6, 2010 AGENDA ITEM H.G. DESCRIPTION: Multi- Purpose Room Furniture for Public Works Buildin DATE BID OPENED OR QUOTE RECEIVED 11 BID OR QUOTE EXPIRATION DATE, _ March 24, 2010 May 24, 2010 Company Amount of Quote or Bid 1. Alternative Business Furniture, Inc. (State Contract #434364) $ 43,818.42 RECOMMENDED QUOTE OR BID: Alternative Business Furniture, Inc. $ 43,818.42 GENERAL INFORMATION: This project is for the multi - purpose room furniture, electrical shop office, sign shop office, and mechanics shop office furniture for the new Public Works facility located at 7450 Metro Boulevard. The furniture quote was split between Alternative Business Furniture and S &T Office Interiors due to the styles and quality of the office furniture. This purchase is through the State of Minnesota Purchasing Program. The total budget for office furniture is $150,000, the S &T quote for the other offices is $87,984.55; the total expense on office furniture is $131,802.97. Staff recommends awarding this project to Alternative Business Furniture, Inc. 0 E M. ME , ����� The Recommended Bid is i(4 within budget not within I FA_ M—A Public Works — Public Works Department Finance Director Manager G:\ Engineering \[nfrastructure\Public Buildings\PW - 7450 Metro Boulevard \Non - Contractual Agreements\Furniture \Item III. E. Multi- Purpose Room Furniture for Public Works Building.docx •tiv• saes "/ 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 I DATE: April 6, 2010 AGENDA ITEM _II.H. ITEM DESCRIPTION: Multi-Purpose Room Furniture for Public Works Building DATE BID OPENED OR QUOTE RECEIVED 11 BID OR QUOTE EXPIRATION DATE March 30, 2010 11 May 30, 2010 Company Amount of Quote or Bid 1. S & T Office Interiors (US Communities Contract No. RQ07- $ 87,984.55 878957 -20) RECOMMENDED QUOTE OR BID: S &T Office Interiors $ 87,984.55 GENERAL INFORMATION: This project is for the office furniture for all of the remaining offices, cubicles, and conference rooms for the new Public Works facility located at 7450 Metro Boulevard. The furniture quote was split between S&T Office Interiors and Alternative Business Furniture (ABF) due to the styles and quality of the office furniture. This purchase is through the US Communities Purchasing Program. The total budget for office furniture is $150,000, the ABF quote for the other furniture is $43,818.42; the total expense on office furniture is $131,802.97. Staff recommends awarding this Droiect to S &T Office Interiors. Public Works — Public Works Signature Department The Recommended Bid is i within budget not within b get Jon allin finance Director Gor on Hughes, City anager G:\ Engineering \lnfrastructure\Public Buildings\PW - 7450 Metro BoulevardWon- Contractual Agreements\Furniture \Item III. H. Office Furniture for Public Works Building.docx 701 al • f \J V • REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. III.A From: Cary Teague Planning Director ® F-1 11 Action Discussion Information Date: April 6, 2010 Subject: Public Hearing'— Ord. No. Setbacks 2010 -05 Amending Section 850 Front Street ACTION REQUESTED: Second Reading of Ordinance 2010 -05, revising the city's regulations for front street setback requirements in the R -1, Single- Dwelling Unit District. INFORMATION /BACKGROUND: Planninq Commission Recommendation: On February 24, 2010, the Planning Commission recommended approval of the attached Ordinance Amendment 2010 -05. The Commission recommended several changes that are reflected in the attached Ordinance. The Commission further stated that while the amendment is a quick fix of the existing Ordinance as a result of the lawsuit with JMS, they would like to further consider the possibility of additional changes as part of their overall amendment of the Zoning Ordinance. Vote: 9 Ayes and 0 Nays. At the request of the City Council, staff and the city attorney have revised the Ordinance from first reading, to include the following: • A definition of "Street Intersection" has been added. • The term "Principal Building" has been revised to "Dwelling Unit." This term is used more consistently throughout the code, and is defined in the Definitions section of the Zoning Ordinance. • The previous language regarding establishing the front street setback "between street intersections," has been revised to "between street intersections, on one side of a street that ends in a cul -de -sac, or on one side of a dead end street." ATTACHMENTS: • Revised Ordinance 2010 -05 • Planning Commission Staff Report from February 24, 2010. • Planning Commission minutes from January 27, 2010 and February 24, 2010. ORDINANCE NO. 2010-05 AN ORDINANCE AMENDING THE CITY CODE CONCERNING THE REGULATION OF FRONT STREET SETBACKS IN THE R -1, SINGLE - DWELLING UNIT DISTRICT The City Of Edina Ordains: Section 1. Sub Section 850.03. Subd. 3 Definitions is hereby amended to add the following: Street Intersection. Where two or more streets meet. Section 2. Sub Section 850.11, Subdivision 6.13 is hereby amended as follows: B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Front Side Interior Side Rear Street Street Yard Yard 1. Single dwelling unit buildings on 30'x' 15' 10' 25' Lots 75 feet or more in width. 2. Single dwelling unit buildings on lots 30"" 15' The required 25' more than 60 feet in width, but less interior yard than 75 feet in width. setback of 5 feet shall increase by 1/3 foot (4 inches) for each foot that the lot width exceeds 60 feet.' 3. Single dwelling unit buildings on 60 30 '** 15' 5' 25' feet or less in width. 4. Buildings and structures accessory to single dwelling unit buildings: a. detached garages, tool sheds, -- 15' 3' 3' greenhouses and garden houses entirely within the rear yard, including the eaves. b. attached garages, tool sheds, 30' 15' 5' 25' greenhouses and garden houses. c. detached garages, tool sheds, -- 15' 5' 5' greenhouses and garden houses not entirely within the rear yard. d. unenclosed decks and patios. 30' 15' 5' 5' e. swimming pools, including 30' 15' 10' 10' appurtenant equipment and required decking. f. tennis courts, basketball courts, 30' 15' 5' 5' sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. g. all other accessory buildings and 30' 15' 5' 5' structures. .5. Other Uses: a. All conditional use buildings or 50' 50' 50' 50' structures including accessory buildings less than 1,000 square feet; except parking lots, day care facilities, pre - schools and nursery schools b. All conditional use accessory. 95' 95' 95' 95' buildings 1,000 square feet or larger. c. Driving ranges, tennis courts, 50' 50' 50' 50' maintenance buildings and swimming pools accessory to a golf course. d. Day care facilities, pre - schools 30' 35' 35' 35' and nursery schools. ' See Subd. 7.A.1. below for required setback when more than 25 percent of the lots on one side of the street_ between intersections are occupied by principal buildings Section 3. Sub Section 850.11, Subdivision 7 is hereby amended as follows: Subd. 7 Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. F1 Established Front Street Setback. When more than 25 percent of the lots on one side of a street between street intersections, on on street of a street that ends in a cul -de -sac or on one side of a dea end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows:) If there is an existing dwellinq unit on an abutting lot on only) lone side of the lot, the front street setback requirement shah be the same as the setback of the dwelling unit on the abuttir Iot.l If there are existing dwelling units on abutting lots nolots lots N sides of the lot, the front street setback shall be the average i �he front street setbacks of the dwelling unit on the two abutting lots.l all other cases. the front street setback shall be the avera nt street setback of all dwelling units on the same side of it street.) Section 4. Effective Date. This ordinance shall be in full force and in effect after its adoption. First Reading: Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publishing in the Edina Sun Current on Send two affidavits of publication Bill to Edina City Clerk 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 Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2010, and as recorded in the Minutes of said Regular Meeting WITNESS my hand and seal of said City this day of , 2010 City Clerk o e PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague February 24, 2010 2009.0004.10a Director of Planning 30 feet* Coon Rapids Information & Background As a result of the recent court case with JMS regarding a front street setback variance at 6120 Brookview Avenue, staff is recommending a zoning ordinance amendment to tighten up the existing language for properties in the R -1 zoning district. The variance at 6120 Brookview involved a request to tear down and rebuild a new home on a vacant lot. The Zoning Board of Appeals and City Council denied the variance request; the applicant subsequently sued the city. The decision of the court case was in favor of the applicant due in large part to the judge finding that language in the city regulations regarding front street setbacks to be "ambiguous, vague, conflicting and unworkable." At last month's meeting the planning commission asked staff to bring back a revised ordinance to make the existing language more clear. (See attached revised ordinance in addition to the previously proposed ordinance.) Also, below is a comparison of how other cities regulate front street setback requirements: city Front Street Setback Apple Valley 30 feet Blaine 30 feet Bloomington 30 feet* Coon Rapids 40 feet Eagan 30 feet Lakeville 30 feet Maple Grove 35 feet Minnetonka 35 feet New Brighton 30 feet ** Plymouth 25 feet * ** St. Louis Park 30 feet Richfield 30 feet Eden Prairie 30 feet Wayzata 30 feet * 30 feet or "prevailing setback," which by policy is the average front street setback of the homes on either side. ** Setback may be reduced to 25 feet with a special use permit * ** Setback may be reduced to average on the block, but not closer than 15 feet Recommendation /Conclusion Staff recommends approval of the attached ordinance subject to any additions or amendments recommended by the Commission. ORDINANCE NO. 2010— AN ORDINANCE AMENDING THE CITY CODE CONCERNING THE REGULATION OF FRONT STREET SETBACKS IN THE R -1, SINGLE - DWELLING UNIT DISTRICT The City Of Edina Ordains: Section 1. Sub Section 850.11, Subdivision 6.13 is hereby amended as follows: B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Plahnw"t', (OW\M\5slon Rt comv(\e.y 3e� OaAomce Front Side Interior Side Rear Street Street Yard Yard 1. Single dwelling unit buildings on 30'** 15' 10' 25' Lots 75 feet or more in width. 2. Single dwelling unit buildings on lots 30' ** 15' The required 25' more than 60 feet in width, but less interior yard than 75 feet in width. setback of 5 feet shall increase by 1/3 foot (4 inches) for each foot that the lot width exceeds 60 feet.' 3. Single dwelling unit buildings on 60 30' ** 15' 5' 25' feet or less in width. 4. Buildings and structures accessory to single dwelling unit buildings: a. detached garages, tool sheds, -- 15' 3' 3' greenhouses and garden houses entirely within the rear yard, including the eaves. b. attached garages, tool sheds, 30' 15' 5' 25' greenhouses and garden houses. c. detached garages, tool sheds, -- 15' 5' 5' Plahnw"t', (OW\M\5slon Rt comv(\e.y 3e� OaAomce greenhouses and garden houses not entirely within the rear yard. d. unenclosed decks and patios. 30' 15' 5' 5' e. swimming pools, including 30' 15' 10' 10' appurtenant equipment and required decking. f. tennis courts, basketball courts, 30' 15' 5' 5' sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. - g. all other accessory buildings and 30' 15' 5' 5' structures. 5. Other Uses: a. All conditional use buildings or 50' 50' 50' 50' structures including accessory buildings less than 1,000 square feet; except parking lots, day care facilities, pre - schools and nursery schools b. All conditional use accessory 95' 95' 95' 95' buildings 1,000 square feet or larger. c. Driving ranges, tennis courts, 50' 50' 50" 50' maintenance buildings and swimming pools accessory to a If course. d. Day care facilities, pre - schools 30' 35' 35' 35' and nursery schools. See Subd. 7.A.1. below for required setback when more than 25 percent of the lots on one side of the street between intersections are occupied by principal lbuildings! Section 2. Sub Section 850.11, Subdivision 7 is hereby amended as follows: Subd. 7 Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. maintained by all new or releGat8d.buildingp OF S#U�AUF86 0 adO�ens-theFete on the e+me side of that stroe+ and het+A /een seairl Wilt OF Ion }erl +A+her�e there is an established -aveFage setharok aR there afe . existing buildings an 9Rly one side ef the bUilt OF FeIGGat he no nree+ter than that of the neaFest adjoining nrincipal h++ilriinn If cr�rrarrmu .,,,......�.. adjoining'-, r..... .r.,.,.. _._.._...y. .. WhbFe there is an established aye age sethenL, and there.ore exi fing buildings 9R both sides of the new OF FeIGGated Wilding b str++nt++re or dditinn therete the front se_t_haGk need he no greater 3crwacnti- vr--Clvcrra�vrr-crtcr�.e cv � - cr�rrvrr ....,.. ....e..e.,. .e.. .... y........�. than that Whinh Wo++lr: he established by nonnentinn a line paFallel the frent let line Genner pe�ien of tile 1 y r 1. Established Front Street Setback. When more than 25 percent of �he lots on one side of the street between intersections arel, bccupied by principal buildings, the front street setback for an lot shall be determined as follows: �. If there is an existing principal buildin—go- n an abutt ing lot on only one side of the lot the front street setback requirement shall be the same as the setback of the principal building on the abutting lot. b If there are existing principal buildings on abutting lots on both sides of the lot the front street setback shall be the average of khe front street setbacks of the principal buildings on the two abutting lots. In all other cases the front street setback shall be the avers e ront street setback of all principal buildings on the same side of the street between intersections) Section 3. Effective Date. This ordinance shall be in full force and in effect after its adoption. First Reading: Second Reading: Published: Minutdina Planning Commission Wednes , January 27, 2010 Page 13 of new house is ilt at 5500 Halifax Lane. Planner Teague explained if the new house meets Or ' ance requirements neighbors would not be notified. Commission Action Commissioner Staunton pved to recommend lot division approval based on staff findings and subje to staff conditions. Commissioner Scherer seconded the motion. Commissioner Forrest observed if th N up the potential for the newer house the City has had issues with massing. -angement is approved it could open Halifax Lane) to add on, pointing out Commissioner Grabiel questioned if the lot diva "on could even proceed pointing out the rearrangement creates a new lot line that is through an existing house. Planner-Teague responded and clarified that a con ' 'on of approval is that prior to the City,,gf Edina filing the approved resolution . ifti , the lot line, the existing home at,;5500 Halifax Lane must be removed from the site es; Carpenter, Scherer, Staunton, Schroeder, Brown, Fischer. Nays; isser, Grabiel, Forrest. Motion carried. 2009.0004.10a Zoning Ordinance Amendment — Front Street Setback Planner Presentation Planner Teague informed the Commission that as a result of the loss of a court case with JMS regarding front street setback staff is recommending a zoning ordinance.amendment to tighten up the existing language for properties in the R -1 zoning district. Amending the Code is due in large part to the judge finding that language in the City regulations regarding front street setbacks to be "ambiguous, vague, conflicting and unworkable." Continuing, Planner Teague explained the three current options an applicant has in determining front yard setback. Discussion The question was raised if the "three options" work in Edina, acknowledging the three options make sense because of Edina's different character districts; but does it work. Planner Teague told the Commission the three options worked well Minutes Edina Planning Commission Wednesday, January 27, 2010 Page 14 of 16 until recently. Planner Teague pointed out that this ordinance has been in place for many years, it's how the City developed. Commissioner Grabiel said he understands and agrees there is the need to amend the ordinance; however, he continues to find the draft ambiguous and the language confusing. The discussion continued with Commissioners acknowledging the importance of amending this portion of the ordinance in a timely fashion; noting the revised ordinance presented this evening is a good first step. Commissioners raised the following: • Are three options really needed? Noting "one size doesn't fit all" in Edina. • If the City continues it's three option choice does the applicant get to chose which option, and if so, is that advantageous to the City, pointing out most would pick the one that suited them best. How is this tightened up? • Language; definition of established front yard setback, exceptions? In B. "on a corner lot situation" should the ordinance consider the house across the street, its view could be compromised; and "most forward portion of in A.1.C. should that be further clarified to "nearest corner" or something similar. Situations are so different. • Consider illustrations. Commissioner Staunton asked Planner Teague if there is another area within the ordinance that addresses front yard setback. Planner Teague responded in the affirmative, adding the City has a minimum front yard setback requirement of 30 feet; however, that is used for undeveloped parcel(s), pointing out that Edina has a minimal number of vacant parcels where the minimum 30 feet works. Subd. 7. Special Requirements for Single Dwelling Unit lots "trump: the 30 foot minimum in all established neighborhoods. Commissioners acknowledged that "all in all" the current ordinance and the amended version would not have prevented the situation that occurred on Brookview Avenue, adding even If the surveyor had calculated the established front yard setback correctly the house would be seven feet back from its current location and still in front of the house next door. Planner Teague agreed the situation on Brookview is a rarity. Continuing, Commissioners acknowledged that the ordinance in its current form must be addressed and suggested that this item be held over to allow staff time to collect data from other cities on how they address front yard setback, adding if any Commissioner has an idea on how the current language could be further clarified they should e-mail Planner Teague their thoughts. Commissioners also expressed understanding that an amendment is needed in a timely fashion, leaving the door open for further study on this issue down the road. Minutes Edina Planning Commission Wednesday, January 27, 2010 Page 15 of 16 Action Commissioner Staunton moved to table this issue until the next meeting allowing staff time to research how other cities have established their front yard setback criteria. Commissioner Scherer seconded the motion. All voted aye; motion carried. Planner Teague told the Commission he would bring back a revised version of the amended ordinance, adding his goal would be to further clarify the options. IIAOMMUNITY COMMENT: A reside of Halifax Lane thanked the Commission for all their work, adding he was impre ed with their questions and comments on the issues, "resented. F IV. OTH BUSINESS: i Public Works Sitelnall Area Guide Process Presentation Chair Fischer delivered a power point presentation on the Small Area Guide Process. Comments /Questions ` Commissioner Scherer asked if this,'!Guide" is generic or for a specific project. Chair Fischer responded this guide process'is for a specific project; the public works site, adding if this works well it could be used as a model for other small area plans. Chair Fischer said what needs to happen in the near future is the recruiting of residents to "sit" in as members of the Comm4.nity Advisory Team (CAT) and Design Team. Chair Fischer explained the intent is to conclude all meetings, etc with a joint Council /Commission meeting sometime in May 2010. Commissioner Scherer said she remembers the past redevelopment process concerning the public works site, pointing out that process was very lengthy. Continuing, she asked Chair Fischer how the City plans on notifying the community this process is happening. Chair Fischer said the City will use all means available to "get the word out ". Commissioner Brown said from past experience (Greater Southdale Area Guide Plan) t e message needs to be very clear. It MEETING MINUTES Regular Meeting of the Edina Planning Commission Tuesday, February 24, 2010, 7:00 PM Edina City Hall Council Chambers MEMBERS PRESENT: Chair Mike Fischer, Julie Risser, Nancy Scherer, Kevin Staunton, Michael Schroeder, Steve Brown, Floyd Grabiel, Jeff Carpenter, Arlene Forrest and Karwehn Kata STAFF PRESENT: Cary Teague and Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the January 27, 2010, meeting minutes were reworded to read "when school wasn't in session ". II. OLD BUSINESS: Amendment to Zoning Ordinance No. 850.11 concerning regulation of front yard setbacks in the R -1, Single Dwelling Unit District. Planner Presentation Planner Teague informed the Commission that as a result of the recent court case with JMS regarding a front street setback variance at 6120 Brookview Avenue, staff is recommending a zoning ordinance amendment to tighten up the existing language for properties in the R -1 zoning district. The variance at 6120 Brookview involved a request to tear down and rebuild a new home on a vacant lot. The Zoning Board of Appeals and City Council denied the variance request; the applicant subsequently sued the city. The decision of the court case was in favor of the applicant due in large part to the judge finding that language in the city regulations regarding front street setbacks to be "ambiguous, vague, conflicting and unworkable." Planner Teague noted at last month's meeting the planning commission asked staff to bring back a revised ordinance to make the existing language more clear. Planner Teague asked the Commission to refer to the draft ordinance amendment. Minutes of the Planning Commission Meeting February 24, 2010 Page 2 of 7 Discussion The discussion focused on the current front yard setback options provided for in the Ordinance and the Judge's recent ruling. Commissioners questioned the reasoning behind the three options, pointing out establishing a standard front yard setback would be easier. Planner Teague agreed, adding he believes the reasoning behind the three options was because of Edina's many unique neighborhoods, noting, as has been mentioned time and time again, in Edina, "one size doesn't fit all ". Concluding, Planner Teague noted that the present Ordinance language had been "on the books" many years guiding Edina's residential development. Staff felt that clarifying the "options" was needed. Commissioner Grabiel commented that part of the reason the City is amending the Ordinance is because the Judge deemed that the Ordinance in its present state was worthless and needed to be "cleaned up." Commissioner Grabiel said in his opinion this needs to be accomplished as soon as possible to ensure that those "gray" areas currently in the Ordinance are clarified. Commissioner Grabiel commented that if the Commission wants to re- review the front yard setback portion of the Ordinance at another time that could be done during the re -write process. Chair Fischer agreed, adding the crux of the issue is for the Commission to decide to accept the changes drafted by staff or re -write the Ordinance at this time, acknowledging the Commission has time during the re- write process to revisit this topic. The discussion continued with Commissioners agreeing that the amended language achieves the goal of clarifying the front yard setback section of the Ordinance. Commissioners suggested changes to the amended language by motion. Action Commissioner Brown moved to recommend approval of amending Zoning Ordinance No. 850.11 as per staffs draft with the following changes: • Section 1. Sub Section 850.11, Subdivision 6.B.- Minimum Setbacks: add asterisks under numbers 2. & 3. Front Street Under chart: • Replace: ** See Subd. 7. A.1. below for required setback if property is located on a block that is more than 25% developed with buildings to * *See Subd. 7. A. 1. below for required setback when more that 25 % of the lots on one side of the street between intersections are occupied by principal buildings. • Section 2. Sub Section 850.11, Subdivision 7.- Special Requirements: Special Requirements for Single Dwelling Unit Lots. A. 1. Minutes of the Planning Commission Meeting February 24, 2010 Page 3 of 7 • Replace "Established Average Setback" with "Established Front Street Setback ". • Replace "When lots representing more than 25 percent of the frontage" with "When more than 25% of the lots: • Strike Without a principal building Commissioner Grabiel seconded the motion. All voted aye; motion carried. Chair Fischer said the front yard setback requirements would be added to the "bucket list" as continuing discussion during the update review process. NEW BUSINESS: Ordinance endment: Building Height Planner Presents on Planner Teague pre\that Ordinance amendment that w' ould bring the City's Zoning Ordinance iance with the recently app/roved Comprehensive Plan. The Ordinances height regulations as prescribed in the Comprehensive Pla Planner Teague ext a Ordinance.,would establish a Building Height Overlay Dist rict acry's ` ntire commercial, industrial and high density residential zoning dnner eague said this Overlay District would be similar to the overlay district in the CNntry Club and Flood Zone districts. Planner Teague concluded that staff recommends approval of the Ordinance subject to any additions or amendments recommended by the Commission. Discussion Commissioner Schroeder commented that as he �iewed the proposed overlay district map he was struck by two issues in particulIr; the first 54th' France and Valley View/Wooddale. Commissioner Schroeder said in both these areas there are parcels with a building height limitation of 1 -story �HOD -1) surrounded by parcels that are allowed to build up to 4- stories. Commissioner Schroeder said he doesn't see any logic in that. Planner Teague responded and explained the reason is that the parcel(s) limited to 1 -story are presently`4oned PCD-4, which is the zoning designation for gas stations, etc. Planner Teaguk1said a rezoning and an amendment to the overlay district map would need to be done to allow building height in excess of 1 -story on those parcels. ' 4,'9ZNjA,l Y ow e �Nro�e REPORPRECOMMEN RATION To: MAYOR AND COUNCIL Agenda Item # III. B. GORDON HUGHES ® Action From: CITY MANAGER Discussion Information Date: APRIL 6, 2010 Subject: ORDINANCE NO. 2010 -07 AMENDING SECTION 460 SIGN ORDINANCE CONCERNING NONCOMMERCIAL SIGNS ACTION REQUESTED: Grant first reading. INFORMATION /BACKGROUND: Section 460.03 Subd. 4 of the City Code needs to be amended to be consistent with the newly- enacted State law dealing with primaries. The date of State primaries was changed to the second Tuesday in August, and the sign provision in State law was amended accordingly. The following is the new State law: Minnesota Sessions Laws 2010 Chapter 184 Sec. 42. Minnesota Statutes 2008, Section 21113.045, is amended to read: 21113.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from Asst 1 46 days before the State Primary in a State General Election year until ten days following the State General Election. ATTACHMENTS: Ordinance No. 2010 -07 ORDINANCE. NO. 2010 -07 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING NONCOMMERCIAL SIGNS THE CITY OF EDINA ORDAINS: Section 1. Subsection 460.03 Subd. 4 of the Edina City Code is amended to provide as follows: Non-commerci Pampaign Signs. Non-commercialGampaigR signs shall comply with the following requirements: A. All non - commercial signs of any size-CarnpaffigR signs may be posted in any number from 46 days before the state primaryA� in a state general election year until 10 days following the state general election subject to the applicable provisions of M.S. 2118.045. Such sign -signs shall conform with the provisions of Subd. 3 of Subsection 460.03. No such sign shall be placed upon the right -of -way without the consent of the abutting property owner. B. Campaign signs posted'in connection with t#e elections held at times other than as regulated by M.S. 211 B.045^ state gene"' °'°^ti^^ are subject to the following: 1. Maximum Size - six square feet. 2. Maximum Number - one sign for each candidate per frontage. 3. Maximum Duration - 60 days prior to the election until seven days following the election. 4. Location - Such campaign.signs shall conform with the provisions of Subd. 3 of Subsection 460.03. No such sign shall be placed upon the right -of -way without the consent of the abutting property owner. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Ow e •fry � • REPORT /RECOMMENDATION To: MAYOR AND COUNCIL. Agenda Item Item No. III. C. From: John Keprios, Directo Park and Recreation De rtment ® Action F] Discussion Information Date: April 6, 2010 Subject: Edina Film Festival Proposal — Edina Art Center Board ACTION REQUESTED: The Edina Art Center Board recommends that the Edina Art Center sponsor the first ever Edina Film Festival to be held in October of 2010 at the Landmark Edina Theater at 50th & France; however, the event would only go forward if and only if private donations and sponsorships assume all financial risk associated with the event. INFORMATION /BACKGROUND: Edina Art Center Board Recommendation: At their May 28, 2009, meeting, the Art Center Board voted to approve the Art Center Board's participation'in a Film Festival hosted at the Landmark Edina .Cinema at 50th & France Avenue from Thursday, October 7, 2010 through Saturday, October 9, 2010, allowing up to 63 screening hours for a variety of films. It is contemplated that films would be entered by local, national and international filmmakers. While most entrants would be amateur filmmakers, some entries could come from High -end productions. Edina High School and local arts colleges might --.-also participate. Corporate.-and individual sponsorships would-be sought to provide------. - funding for the major portion of the expenses. Awards in several categories would provide an enticement to submit their films. As stated in the attached letter from Art Center Board Member John Swon; "Financial support for The Film Festival will come entirely in the form of z donations and sponsorships, from both within and outside of Edina. No currently- budgeted funds for the Edina Art Center will be used nor will any funds be requested from the City of Edina for the organization or execution of the festival." If the City Council approves this event, the 50'�' & France Business Association will graciously commit to underwriting any fundraising gap in the rental of the Edina Cinema. The Festival will not occur if adequate funds have not been raised independently. Art Center Board Member John Swon will be present to answer questions about the proposed Film Festival. ATTACHMENTS: • March 19, 2010, letter and budget from Edina Film Festival Chairman, John Swon. • Excerpts from previous Edina Art Center Board Meeting Minutes. Edina 2010 Film Festival Committee Committee members: Scott Androff, Bob DeFlores, Rick Fesler, George Hadjiyanis, Heather Randall King, Bob Parso, Jon Springer, John Swon Friday, March 19, 2010 Edina City Council c/o John Keprios Edina City Hall 4801 W. 50' St. Edina, MN 55424 The Edina Art Center is pleased to announce the first -ever Edina Film Festival at The 50th & France Edina Cinema, running Thursday, October 7th through Saturday, October 9th The Festival will seek entries both locally and nationally, with special focus on student - based films from our community. The Festival is fortunate to have support of The 501h & France Business Association and The Minnesota Film & Television Board. Both have pledged their assistance to help promote the event. With this critical backing, we believe The Festival will attract significant media attention leading to higher attendance and increased business for 50th & France merchants. Financial support for The Film Festival will come entirely in the form of donations and sponsorships, from both within and outside of Edina. No currently- budgeted funds for the Edina Art Center will be used nor will any funds be requested from the City of Edina for the organization. or execution of the festival. And The 501h & France Business Association has graciously offered to underwrite any fundraising gap in the rental of the Edina Cinema, pending City Council approval of the project. The Festival will not occur if adequate funds have not been raised independently. The Edina Cinema has assured the committee that the theater rental can be held up to three weeks before The Festival without payment and without penalty if cancellation is necessary. The City of Edina will not be responsible for any bills generated. The Edina Art Center and Edina Film Festival Committee hope to have the support of the City Council in what we believe will become a noteworthy, annual Edina tradition. Sincerely, John Swon, Chair The Edina Film Festival Committee Preliminary Edina 2010 Budget (estimated) Expenses (some expenses may be in -kind donations) Rental of the Landmark Theatre (one /two screens; 3 days) $10,000 Purchase /Creation of Awards (8 trophies) $800 Submission Advertisements (website ads) $1,255 Local Submission Promotion — Flyers (EHS, MCAD and HCTC) $300 Website Creation and Maintenance $1,200 Festival Promotional Posters $2,000 Full -Color Schedule Guides $4,000 Sunday Night Awards Ceremony (location TBD) $2,000 Opening Night Gala at Edina Art Center $1,300 Total: $22,855 Film Festival Excerpt from EAC Board Meeting Minutes May 28, 2009 excerpt from EAC Board meetin Members present: Hafed Bouassida, Bev Fischer - Soshea, Heather Randall King, Bill McCabe, Megan Norman, Ken Rosland, Sharanya Srinivasan, John Swon, Renee Usem and Michael Whitt Members absent: Rick Fesler Staff present: Diana Hedges, Phil Johnson, John Keprios and Anne Spooner Members of Public present: Scott Androff, Mike Kelly FILM FESTIVAL REPORT — John Swon John distributed a proposal for an Edina 2010 Film Festival to be held in October 2010. (The proposal can be examined at the Edina Art Center.) The proposed festival would be hosted at the Landmark Edina Cinema for one week allowing up to 63 screening hours for a variety of films. It is contemplated that films would be entered by local, national and international filmmakers. While most entrants would be amateur filmmakers, some entries could come from High -end productions. Edina High School and local arts colleges might also participate. Corporate and individual sponsorships would be sought to provide funding for the major portion of the expenses. Awards in several categories would provide an enticement to submit their films. John's proposal is intended as a broad sketch for consideration by the Edina Art Center Board and members of an appointed film festival committee. Following John's presentation, Bill McCabe asked what approval by the Board would mean. John responded that it means the Board agrees to be the primary sponsor and that it will work to develop the final plan for the festival. Renee asked if the festival represented a revenue opportunity for the Art Center. John replied that it could produce revenue long term primarily from ticket sales for the award ceremonies on the final night of the festival. Diana commented that the festival could attract international films. John added that the Art Center could benefit from involvement of schools and students. Michael added that he loved the concept but the first week in October conflicts with EAC's Juried Show. John responded that the dates could be moved but October is definitely the right time. Michael then offered a motion to approve EAC participation in the Film Festival. Hafed Bouassida stated that he had financial concerns as well as questions about an additional film festival able to succeed in an already crowded calendar with existing film festivals scratching to survive. In his work with the Minnesota Film Board, he knows of a festival sponsored by the Riverside organization for October 2010 and there are others on the horizon as well. Bill McCabe asked if the other proposed festivals had sponsors. Hafed replied that most have small sponsors, donating a thousand dollars here and a few hundred there. Most had no large corporate sponsors since such sponsorships are increasingly difficult to obtain. Diana commented that in the initial discussions for a film festival, it was seen as a way to involve and recognize schools and students in film and video classes. Bill seconded the motion to approve. The motion was carried. June 25, 2009 excerpt from EAC Board meeting Edina Art Center Mission Statement The Edina Art Center mission is to provide facilities, programs and services that meet and reflect the needs of our residents and neighbors for participation, education and enjoyment in the Arts with emphasis on fine arts. Members present: Hafed Bouassida, Rick Fesler, Bev Fischer - Soshea, Heather Randall King, Bill McCabe, Megan Norman, Ken Rosland, John Swon, Renee Usem and Michael Whitt Members absent: Sharanya Srinivasan Staff present: Diana Hedges, Phil Johnson and Anne Spooner Community members present: Eddi Fesler CALL TO ORDER: Heather Randall King, Chairperson, called the meeting to order at 4:35 pm. FILM FESTIVAL — John Swon John offered a motion that he be authorized to form a sub - committee of at least five members, including student member Sharanya Srinivasan and former Board Member George Hadjyanis, to carry forward planning for the Film Festival tentatively scheduled for Fall 2010. Some discussion ensued as to whether this motion was necessary in light of the authorization given at the May meeting. John stated that he would be more comfortable if this specific authorization was on the record. Bev Fisher - Soshea seconded the motion. The motion passed with an abstention by Hafed Bouassida. JULY 23, 2009 excerpt from EAC Board meeting Members present:, Rick Fesler, Bev Fischer - Soshea, Heather Randall King, Megan Norman, Ken Rosland, John Swon, Rene Usem, Bill McCabe and Michael Whitt Members absent: Hafed Bouassida, Sharanya Srinivasan Staff present: Diana Hedges, Phil Johnson and Anne Spooner FILM FESTIVAL — John Swon John reported that his committee had an initial planning meeting. The members of his committee to date are: Rick Fesler, George Hadjyanis, Sharanya Srinivasan, Scott Androff, Megan Huber and John Springer. Megan and John are local filmmakers and cinematographers who will bring great skills and perspective to the festival. Great progress was made in the few days following the first meeting. Rick Fesler contacted Gene Hoglund, owner of the Edina Landmark Theater, to begin discussions of participation in the festival. The first goal is determine with the theater what the parameters and costs would be were the festival to be held at that facility. Some decisions would involve how many days and how many screens would be dedicated to the Edina Film Festival. The committee is agreed that it would be hard to visualize not having the festival located in Edina and not at the Landmark Theater given its historic role in the community. If it is deemed cost prohibitive, of course, we will not base the festival there. The goal is to arrive at the structure and finances in the August committee meeting so we can report to the Board next month. The seven - member committee will need a lot of help from a lot of creative people in the months to follow. No date has been set for the festival but fall 2010 is still the target. Local involvement and flavor is very important. Diana asked if a Children's division was included. John replied that student participation was definitely one of the priorities. Diana added that a class in animation is offered this fall. Season Mustful will teach this class for 7th thru 12th graders. Next to the class description, the fall schedule will have words that say "Get ready for the Film Festival 2010." August 27, 2009 excerpt from EAC Board meeting Members present: Hafed Bouassida, Rick Fesler, Bev Fischer - Soshea, Bill McCabe, Heather Randall King, Ken Rosland, Sharanya Srinivasan, John Swon, Rene Usem, and Michael Whitt Members absent: Megan Norman Staff present: Diana Hedges and Phil Johnson FILM FESTIVAL — John Swon John reported some good news that progress had been made in contacting the Landmark Cinema in Edina. Rick Fesler had talked h phone with Gillian Constantine, manager of the theater. They are celebrating their 75 Anniversary and are quite busy with several events. Rick has an appointment with her on Monday. The committee continues to look at alternative sites such as the Edina High School and the AMC Theatres at Southdale but the preferred venue is the Landmark Cinema. John had a wonderful meeting with Rachel Hubbard of the 50th and France Business Association. They are extremely excited about the concept. He was surprised to learn that the association had explored doing a film festival in the past but had lacked someone to spearhead the effort. They are quite on -board and, and once discussions with the Landmark Cinema ensue, the association will participate. Bill commented that he had seen an ad for a movie to be shown at Centennial Lakes Park and wondered what they show. Ken responded that a free movie is shown at the Amphitheatre each Thursday evening during the summer. September 24, 2009 excerpt from EAC Board meeting Members present: Hafed Bouassida, Rick Fesler, Bill McCabe, Heather Randall King, Megan Norman, Ken Rosland, John Swon, Rend Usem, and Michael Whitt Members absent: Bev Fischer - Soshea, Sharanya Srinivasan Staff present: Diana Hedges and Phil Johnson FILM FESTIVAL — John Swon John reported that progress had been slowed because of difficulties contacting the Landmark Cinema in Edina. An initial quote had been received. Four nights for one theatre would cost $5,600. That quote for the facilities provided would not be viable. In the meantime, productive discussions continue with the 50th and France Association and the committee continues to look at alternative sites such as the Edina High School and the AMC Theatres at Southdale. Rick Fesler had encountered a film festival in Colorado that might furnish a template for what EAC is planning to do. John passed around a brochure from that festival as a model for an informational /promotional piece. --------------------------------------------------------------- - - - - -- October 22, 2009 excerpt from EAC Board meeting_ Members present: Hafed Bouassida, Rick Fesler, Bev Fischer - Soshea, Bill McCabe, Heather Randall King, Megan Norman, Ken Rosland, John Swon, and Michael Whitt Members absent: Sharanya Srinivasan, Rene Usem Staff present: Diana Hedges and Phil Johnson FILM FESTIVAL — John Swon John reported that progress had been slowed because of difficulties contacting the Landmark Cinema in Edina. An initial quote had been received. Four nights for one theatre would cost $5,600. That quote for the facilities provided would not be viable. In the meantime, productive discussions continue with the 50th and France Association and the committee continues to look at alternative sites such as the Edina High School and the AMC Theatres at Southdale. Rick Fesler had encountered a film festival in Colorado that might furnish a template for what EAC is planning to do. John passed around a brochure from that festival as a model for an informational /promotional piece. November 19, 2009 excerpt from EAC Board Meeting FILM FESTIVAL — John Swon John reported that contacts continue with the 50th and France Association while exploring options and ruling some things in and some things out. AMC Edina Theatre ( Southdale) has been ruled out. They were very accommodating but a corporate policy forbids selling tickets from their cashier booths for outside events. That would require selling tickets in advance similar to a charity event or some such. This would severely limit attendance at the Film Festival. He is looking at a couple of other options with the Westin Hotel in Edina as well as the Sheraton Hotel and the Sofitel Hotel. The first choice is Edina Landmark Theatre with all others far down the list. Two new players have joined the committee. Bob Pariseau is a promotions professional who brings a wealth of experience to the project. Rick Fesler had a three -hour conversation with Bob DeForrest, who is the foremost collector and archivist of old movies in the U.S. He is excited about the Film Festival and his contacts throughout the film industry should be very valuable. John had also met with Kevin Shaw, President of the 50th and France Business Association. They discussed a possible Walk of Fame with stars in the sidewalks around the 50th and France area. There could be a possible tie -in to the Film Festival. It is simply a concept at this time but will be explored further. Bev mentioned she had recently attended a Jewish Film Festival at the Oak Street Theatre. It was a rainy Friday evening with a Gophers basketball game almost next door producing traffic jams. The film was three hours long and the choice of the film was not good. All of those factors probably contributed to the sparse attendance. b`WID1 IV! AIM J pog 0'.� sea // RE PO RT/RECO M M E N DATIO N To: MAYOR AND COUNCIL Agenda Item Item No. III. D From: Debra Mangen City Clerk ® Action F-1 Discussion Information Date: April 6, 2010 Subject: Resolution No. 2010 -32 Accepting Various Donations ACTION REQUESTED: Adopt. Resolution. INFORMATION/BACKGROUND: In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the recipient departments for your consideration. ATTACHMENT: Resolution No. 2010 -32 RESOLUTION NO. 2010-32 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. Edina Art Center: Ruth M. Lund $50.00 Greer Garden Mary Sue Simon $250.00 Jane Manick Memorial Dorothy 011man $50.00 Greer Garden Constance D. Keller $100.00 Greer Garden Richard Fesler $50.00 Ruth Valgemae .$50.00 Louise L. Carlson $25.00 Greer Garden Dated: April 6, 2010 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 April 6, 2010, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 120 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 a, vie REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. III. E. From: Eric Roggeman Assistant Finance Director ® Action Discussion Information Date: April 6, 2010 Subject: Adopt Update to Edina Purchasing Policy ACTION REQUESTED: Staff recommends that Council adopt a motion to update the City's purchasing policy, as attached in redline format. INFORMATION /BACKGROUND: Staff recommended several updates to the City's Purchasing Policy during the March 16, 2010 Council meeting. At that meeting, Council directed staff to gather more information. Staff has gathered the requested information and included it here. ATTACHMENTS: 1. A redline version of the City's purchasing policy that highlights recommended changes to the City's purchasing policy for your consideration. One new change from the version presented to you during the March 16, 2010 meeting is that the language regarding personal liability of Council members has been deleted. 2. A memo from staff regarding the reasons why the changes are being recommended, in particular the change in the competitive bidding levels. 3. A list of contracts from 2000 -2009 that could have been contracted differently if the recommended changes had been in place 4. Implicit Price Deflators for Gross Domestic Product, as published on the Bureau of Economic Analysis website on March 19, 2010. 5. A copy of the Uniform Municipal Contracting Law from 2000 6. A copy of the current (2009) Uniform Municipal Contracting Law. 7. A memo from the League of Minnesota Cities on competitive bidding, which was last updated in 2008, and therefore does not reflect a couple of recent changes-,in state law. (Approved by City Council November 18, 1991 and revisions approved April 4, 1994 April 2,1997, And December 19, 2000) CITY OF EDINA PURCHASING POLICIES AND REQUIREMENTS PART I: Policies and Requirements Applicable to All Purchases and Contracts (Refer to the Handbook for Minnesota Cities filed in the Clerk's office for detailed information) 1.1. Burma et — Before any commitment for purchase of an item or service is made, money needs to be budgeted, either directly for the item or service or by means of a budgeted fund into which the purchase can be categorized. Purchases not within a budget require Finance Director and City Council approval for availability and transfer of funds. It is up to each Department to insure that it has not made commitments for more money than has been budgeted. 1.2. Expenditure Requirements — All expenditures of funds require approval of the City Manager and Finance Director before actual disbursement. (Minn. Stat. § 412.271, subdivision 8). Before funds can be disbursed for any purchase, the purchase must meet three criteria: a. First, statutory authority must exist for the City to make the particular purchase. While not a problem in most cases, certain purchases may require research; b. Second, it must be purchased for a public purpose; and C. Third, the City Manager and Finance Director must have properly approved the expenditure. Generally, an expenditure will be for a public purpose if it benefits the inhabitants of the community as a whole and if it is directly connected with the government of the City. All of these tests must be met prior to any commitment. If in doubt, check with the Finance Director. lfGit , meney is spent f anauther-ized pur- ,haws the members a fthe Cit.. C-eun it 1.3. Required Authorization for Purchase — In addition to the requirement that the City Manager and Finance Director approve of each expenditure of funds, the following authorizations are required prior to ordering or obtaining any item or service: a. 0VeF $15,000 $20,000 and over — All purchases $20,000 and over need City Manager, Finance Director and Council approval pjior to ordering or purchasing. (Minn. Stat. § 412.6810. All such purchases will use the Request For Purchase form. (APPENDIX A) b. Over $2309 10,000 to $46 -,GN 20,000 — All purchases over $10,000 2— MR to but not including $20,000 ON require City Manager and Finance Director approval prior to ordering and purchasing. All such purchases will use the Purchase Requisition form. (APPENDIX B) 1.4. Statutorily Mandated Processes for Selected Purchases and Rentals — The purchase of supplies, materials, equipment or rental of same, or the construction, alteration, repair or maintenance of real or personal property, in addition to the procedures at 1. 1, 1.2 and 1.3 above, require the following procedures (Minn. Stat. § 471.345 and Minn. Stat. § 412.311): a. OVeF ) $100,000 and over, ^r- $25,000 f an expenditure f a pr-ejeet to be speeialb, assessed under- MiFm. Stat. Chapter- 4-29 — If the expenditure is estimated to exceed $335 -,00 ) 100,000, $25,009 in the ease ef an expeadita then the following is required: (i) Sealed bids with appropriate public notice (See PART B below); (ii) Purchase Order (APPENDIX C) properly filled out or contract (subject to Council Approval); (iii) A performance and payment bond in the amount of the contract if the contract is for the doing of any public work (Minn. Stat. § 574.26); (iv) Finance Director approval; (v) City Manager approval; (vi) Council approval; (vii) Award of contract to the lowest responsible bidder; and (viii) City Manager and Finance Director approval prior to actual disbursement of funds. b. $20,000 into $35 -,000 100,000 ($25,000 f r- an expenditur-e for- a pr-9jeet to be speeiaily assessed und-t-ar- �14-inn. SSW. Chapter- 429) — If the expenditure is estimated to be $20,000 and over but not over $35,9A9100,000, , then the following is required: (i) €maker sSealed bids with appropriate public notice the same as for expenditures $100,000 and over maybe used., $25,000 ., Ghapt°~ 429, can be obtai" °a, eft-d Direct negotiation can also be used, by obtaining two or more written quotations, when possible,; The purchaser must also consider using the State of Minnesota Cooperative Purchasing Venture when not using sealed bids. Any item may be purchased using the 2 State of Minnesota Cooperative Purchasing Venture without obtaining additional quotes; (ii) A Purchase Order pr-eper-ly filled - eut-or contract eet tell mil?; (iii) A performance and payment bond in the amount of the contract if the contract is for the doing of any public work (Minn. Stat. § 574.26); (iv) Finance Director approval; (v) City Manager approval; (vi) Council approval; (vii) Award of contract to lowest responsible bidder; and (viii) City Manager and Finance Director approval prior to actual disbursement of funds. C. Over $10,000 to $46-,NO 20.000 — If the expenditure is estimated to be over $10,000 up to but not including $20,000 , then the following is required: (i) At least two written quotations shall be received unless there is only one supplier or vendor. The purchaser must also consider using the State of Minnesota Cooperative Purchasing Venture. Any item may be purchased using the State of Minnesota Cooperative Purchasing Venture without obtaining additional quotes; (ii) Purchase OrdeF- Requisition form pFepeg 9"°a e4; (iii) Beth a perfefmanee bond and payment h-R-Rt-I P-RP-l. i.R. the afneunt ef the (iv) Finance Director approval; (v) City Manager approval; and (vi) City Manager and Finance Director approval prior to actual disbursement of funds. e. $590 10,000 or less — If the expenditure is estimated to be $'N 10,000 or less, the following is required: (i) Purchases at this level may makes written quotations impracticable, therefore, such purchases shall be made on the open market and written quotations shall not be required, although employees are encouraged get verbal or written quotes. If either verbal or written quotes are obtained, there must be at least two and they must be retained for one year; (iii) City Manager approval, or approval by the head of the Department for which the purchase is being made, or approval by one of the persons named on the then current list of persons approved by the City Manager and kept on file with the Finance Director; and (iii *) City Manager and Finance Director approval prior to actual disbursement of funds. All quotations shall be attached to the Purchase Order and kept on file with the Purchase Order. Among purchases not requiring the above procedures are purchases of such as insurance, real estate, and services (see paragraph 2.13 "When Bidding Is Unnecessary" below). tee,, For purchases in a competitive area it is desired. even thoueh not reauired. that multiple quotations be obtained for comparison purposes. If the public bidding process is used, even if not required, all aspects of that process must be complied with. 1.5. Purchase Order Processing a. The responsible Department must prepare a requisition form (APPENDIX B) with all pertinent information included and submit to Finance Department. The pertinent information must include a description of the product, quantity, price, 4 supplier- or- vemleT-; ^c am e. $590 10,000 or less — If the expenditure is estimated to be $'N 10,000 or less, the following is required: (i) Purchases at this level may makes written quotations impracticable, therefore, such purchases shall be made on the open market and written quotations shall not be required, although employees are encouraged get verbal or written quotes. If either verbal or written quotes are obtained, there must be at least two and they must be retained for one year; (iii) City Manager approval, or approval by the head of the Department for which the purchase is being made, or approval by one of the persons named on the then current list of persons approved by the City Manager and kept on file with the Finance Director; and (iii *) City Manager and Finance Director approval prior to actual disbursement of funds. All quotations shall be attached to the Purchase Order and kept on file with the Purchase Order. Among purchases not requiring the above procedures are purchases of such as insurance, real estate, and services (see paragraph 2.13 "When Bidding Is Unnecessary" below). tee,, For purchases in a competitive area it is desired. even thoueh not reauired. that multiple quotations be obtained for comparison purposes. If the public bidding process is used, even if not required, all aspects of that process must be complied with. 1.5. Purchase Order Processing a. The responsible Department must prepare a requisition form (APPENDIX B) with all pertinent information included and submit to Finance Department. The pertinent information must include a description of the product, quantity, price, 4 account codes, applicable specifications, and any similar information. NOTE: Purchase Order numbers must be obtained prior to any purchase commitment. b. The responsible Department or the Finance Department will prepare the Purchase Order and obtain the City Manager and the Finance Director's signature. Approval as provided in paragraph 1.4 and applicable to the total amount of the purchase order, must be obtained prior to submission to the vendor. d. Copies of the Purchase Order will be distributed by the Finance Department as follows: (i) Original -One cony to vendor; (ii) lone cony to Finance Department retained file; and (iii) 1- One cony to ordering department to await receipt of items ordered and then to be returned to Finance Department along with approved invoice. Upon City Manager and Finance Director approval, payment may be sent to vendor. 1.6. Central Purchasing — Similar items that are purchased by many Departments, in particular general office supplies, should be purchased centrally by either Finance and/or Administration and if not charged to central services, will be allocated or charged back to each recipient department. 1.7. Cooperative Purchasing — The City may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements if the purchase is through a national association's purchasing alliance or a state, county or other cooperative created by a joint powers agreement that purchases items from more than one source on the bases basis of competitive bids. While this eliminates the need for separate bidding on an item, it is yet necessary to get Finance Director, City Manager and Council authorization when purchases eve $15, N9 $20,000 and over are to be made, or City Manager and Finance Director approval for purchases up to but not including $20,000 $AAB. 1.8. Emergency Purchases — Occasions may arise where purchases ever- 0 $20,000 and over must be made before the Council can approve them and where the required public bidding cannot be done. Where such a purchase is made, Council approval must yet be obtained before payment is made. An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health, safety and welfare of the community, and not just an inconvenience (Layne Minnesota Co. v. Town of Stuntz, 257 N.W.2d. 295 [Minn., 1977]). 1.9. Delegation of Authorily for Pam Cg laims – The City Council has delegated authority for paying claims to the City Manager and the Finance Director or their assistants in the absence of the City Manager of Finance Director pursuant to Section 412.271, subdivision 8. A requirement for the delegation by the City Council of its authority to review claims before payment is that it shall have internal accounting and administrative control procedures to ensure proper disbursement of public funds, which procedure shall include regular and frequent review of the actions of the City Manager and Finance Director by the City Council. A list of all claims paid by the City under this paragraph shall be presented to the Council for informational purposes only at the next regularly scheduled Council meeting after payment of the claim. \ • • i 1. 11. Splitting Purchases — Do not split purchases in an attempt to circumvent any purchasing requirements. 1.12. Imprest Fund/Petty Cash — Certain purchases can be more economically handled through use of petty cash funds to reimburse for purchases. The maximum allowable purchase through any such fund is $50. The cashier /custodian of each such fund is solely responsible for accounting for expenditures from the fund under his or her control. No salaries or personal employee expenses shall be paid from such fund. Any payment from any such fund not approved by the City Manager and Finance Director is the personal obligation of the cashier /custodian of that fund. (Minn. Stat. § 412.271, Subd. 5). 1.13. Prompt Payment— The City must pay bills within 35 days of receipt unless a good faith dispute exists. The date of receipt is the date of completed delivery of the goods or services, of satisfactory installation or assembly, or of the receipt of the invoice for the delivery of goods, 7 -W W ON . - . -WA 1111111,11111 �A ITA OWN 1. 11. Splitting Purchases — Do not split purchases in an attempt to circumvent any purchasing requirements. 1.12. Imprest Fund/Petty Cash — Certain purchases can be more economically handled through use of petty cash funds to reimburse for purchases. The maximum allowable purchase through any such fund is $50. The cashier /custodian of each such fund is solely responsible for accounting for expenditures from the fund under his or her control. No salaries or personal employee expenses shall be paid from such fund. Any payment from any such fund not approved by the City Manager and Finance Director is the personal obligation of the cashier /custodian of that fund. (Minn. Stat. § 412.271, Subd. 5). 1.13. Prompt Payment— The City must pay bills within 35 days of receipt unless a good faith dispute exists. The date of receipt is the date of completed delivery of the goods or services, of satisfactory installation or assembly, or of the receipt of the invoice for the delivery of goods, 7 whichever is latest. If bills are not paid within the standard payment period, interest at one and one –half percent (1.5%) per month must be calculated and paid. The minimum monthly interest penalty on the unpaid balance of any overdue bill of $100 or more is $10. For unpaid balances less than $100 the actual interest should be calculated and paid. Vendors must be notified of invoice errors within 10 days of receiving the invoice. In cases of delayed payments due to good faith disputes with vendors, no interest penalties accrue. If payments are delayed but not in good faith, the vendor may recover costs and attorneys' fees. (Minn. Stat. § 471.425). 1.14. Sales Tax and Other Applicable Taxes —The City of Edina is exempt from paying sales or excise taxes on certain purchases. Most vendors have forms that can be filled out to certify tax exemption, or a letter can be sent to the vendor if the purchase is exempt. 1.15. Non Discrimination —All contracts for materials, supplies or construction must contain a contractor's agreement not to discriminate against prospective employees because of race, creed or color (Minn. Stat. § 181.59). 1.16. Worker's Compensation Insurance — A contract for the doing of "public work" may not be entered into before receiving, from all contracting parties, acceptable evidence of compliance with the worker's compensation insurance coverage requirements of state law (Minn. Stat. § 176.182). 1.17. Progress yments; Retainage — A progress payment is not an acceptance or approval of any work or waiver of any defects. An amount may be reserved as retainage from any progress payment on a public contract for a public improvement. The amount of retainage may not exceed five percent 5% of the payment. (Minn. Stat. § 15.71 and § 429.041, Subd. 6). At the contractor's option, the retainage shall be paid to the contractor, and the contractor may deposit bonds or securities in lieu of the retainage. If the City incurs additional costs as a result of this option, the City may recover the costs by reducing the final contract payment. (See Minn. Stat. § 15.73) 1.18. Withholding — Before final payment is made, the Contractor, as required by Minn. Stat. § 290.97, must make a satisfactory showing of compliance with the provisions of Minn. Stat. § 290.92 regarding withholding of state income taxes for wages paid employees on the project. A certificate from the Minnesota Commissioner of Revenue will satisfy this requirement. 1.19. Prevailing Wage Rates — If the project or work is funded in whole or in part with State Aid funds, the contract must require the Contractor to pay the prevailing wages. Also, the Contractor's bid proposal must contain a letter or certificate so agreeing to pay prevailing wages. Prevailing wage information can be obtained from the Minnesota Department of Labor and Industry, 443 Lafayette Road, St. Paul, Minnesota 55155 -4306 (phone: 651/296- 2282). 1.20. Change Orders — Change orders to contracts and purchase orders approved by the Council or City Manager shall be made pursuant to the following policies and procedures and the use of any one of the methods set out at c. through g. following: a. Authorized Persons — The only persons authorized to sign and approve change orders on behalf of the City are the City Manager, the Assistant City Manager, the City Engineer and the Finance Director (the "Authorized Persons "). 8 b. Council Approval — All change orders shall be approved by the Council prior to signing by any Authorized Person except as otherwise provided in this paragraph 1.20. No payment of any change order shall be made without prior Council approval, except as allowed by paragraph 1.9. C. Decreasing Cost — Change orders decreasing the cost of any contract made by the City may be signed and approved on behalf of the City by any Authorized Person without prior Council approval. d. Increases Up To But Not Including $44-,999 $20,000 — Any change order which increases the contract price by less than $20,000 $ c,nnn Bess may be signed and approved on behalf of the City by any Authorized Person with prior approval of the City Manager. e. Emergencies — Any change order which, due to an emergency, cannot be deferred until the Council can approve it, may be signed and approved by any Authorized Person without prior Council approval. (See paragraph 1.8 for additional comments.) f. Avoidance of Loss — Any change order which cannot be deferred until the Council can approve it without loss to the City may be signed and approved by any Authorized Person if the change order is endorsed for payment by at least three members of the Council. g. Up to 10% — Any change order which does not exceed 10% of the original contract price, by itself or in the aggregate with all then prior change orders relating to that same contract, may be signed and approved by any Authorized Person without prior Council approval, provided the contract provides for change orders. Note: change orders that materially change the terms of a contract may be deemed a new contract and may have to be rebid and receive prior Council approval. If in doubt, check with the City Manager and City Attorney. 1.21. Unit Price Contracts — Some contracts for the purchase of goods or for construction are based on the unit price times the estimated number of units without a maximum dollar cost stated. At times the estimate is too low and additional units are added and must be paid for. The following policies apply to such contracts: a. The estimate of units should be carefully made, and should be on the high end of any estimated range of units needed; b. The contract shall be presented to the Council as a "unit price basis" contract with an estimated maximum dollar cost; The procedure in paragraph 1.4 applicable to the estimated maximum cost shall be complied with; and 0 d. Any increase in units purchased necessary to fulfill and perform the purpose of the contract, and, therefore, in contract cost, beyond the estimated maximum shall be deemed a part of the approved contract, and shall not be deemed a change order, but no payment for any units in excess of the estimated maximum shall be made without prior Council approval. PART II: Policies and Requirements Annlicable to Competitive Biddine Process. 2.1. When Useable —While mandated for certain purchases, the use of competitive bidding is not limited to the mandated areas and can be used more extensively, but should not be used for amounts under $15000 20,000 as the cost of the process is significant. If the City fails to advertise for bids when the law requires competitive bidding, the contract is void, but the City must pay for any benefits it received. 2.2. When Bidding is — All contracts for the purchase or rental of supplies, materials or equipment, or for the construction, alteration, repair or maintenance of real or personal property, when the estimated amount of the contract is $100,000 and over , $25,000 for- an expenditur-e for- a pr-9jeet to be speeially assessed wideF Minn Stat * Chapter- 429, require competitive bids. (Minn. Stat. § 471.345). Also, fifth ep°rst. is estimated to exe $10,000, the contract must be let to the lowest responsible bidder. (Minn. Stat. § 412.311). 2.3. Specifications — For the purposes of informing potential bidders, specifications should outline precisely and in detail what is to be purchased or constructed. These need to be reasonably specific, but not to the point of eliminating competing types and qualities. (Minn. Stat. § 471.35). Violation of this restriction is a gross misdemeanor. (Minn. Stat. § 471.37). A brand name may be specified, but potential bidders must be able to bid an equal product. In addition to the specifications for the purchase, instructions to bidders and general conditions (See should be updated, modified as needed and included in the bid package so that all contractual obligations of both parties are known. Competitive bids must be re —let when there is a material change in the terms or specifications, even if you believe that the change would have no effect on the rank order of the bids received. Caution should be taken before determining whether the term or specification change is material or not. The proposals and specifications must allow free and full competition. They may not give a prospective bidder an unfair advantage over any other. Specifications must be sufficiently definite and precise to afford a basis for comparable bids. If the number of units needed cannot be determined, bids should be requested on a unit basis. (See paragraph 1.21 for additional comments on unit price contracts). 2.4. Bid Bonds `— '�' —Even when not required by statute, the City of Edina may require a bid bond, certified check or cashier's check in lieu to insure that the bid will be honored and not withdrawn for up to a specified number of days. The bond or check is usually set at 10% of the purchase price. 2.5. Performance Bonds and Payment Bonds — Unless the amount of the contract is $10,000 75,000 or less, any contract for the doing of any "public work" is not valid unless both a performance bond and payment bond are given as required by Minn. Stat. § 574.26. The City forms should be used. The City forms are available from the City Clerk. 10 2.6. Notice — For all contracts requiring advertising for bids, legal notice must be published in the City's official newspaper at least once 10 days before the last day for submission of bids. (Minn. Stat. § 412.311). If a project to be specially assessed under Minn. Stat. Chapter 429 is estimated to exeeed- be $100,000 and over then publication must be made at least once in the official newspaper, and at least once in a newspaper published in the City of Minneapolis or a trade paper (as defined in Minn. Stat. § 429.041, Subd. 1), not less than three weeks before the last date for submission of bids. For construction contracts and heavy equipment purchases, notices should also be published in the Construction Bulletin . Non –legal notices may be included in such publications as the League of Minnesota Cities magazine for wider coverage. 2.7. Notice Information — The published notice should contain the following information (Minn. Stat. § 429.041, Subd. 1): a. A description of the project or purchase; b. The availability of specifications in the office of the City Clerk or the office of the department that is managing the bidding process; C. The last day for submission of bids and the place where they are due; d. The time and the place for the opening of bids; That no bid will be considered unless sealed and filed with the Clerk, and accompanied by the check or bid bond as required by the City; and f. That the City reserves the right to reject any or all bids, and any or all alternative bids. 2.8. Bid Opening and Award — On the date and at the time for opening of bids, all bids should be opened and read for interested parties. The opening should be scheduled at least three (3) working days before the Council meeting (typically the Thursday before) for inclusion in Council packets. Bids should be tabulated on the ever- $1 c,000 Request for Purchase form (APPENDIX A). It is important that all bid proposals be studied carefully prior to making recommendations to the Council for the award of bid. Recommendation on award of bid should be made not only on price, but on quality and quantity as specified and also on responsibility (See "Lowest Responsible Bidder" below). The award should go to the lowest responsible bidder meeting specifications. Once the bid is awarded by the Council, all bid results should be available to anyone requesting them. Construction Bulletin should be informed on items advertised in that publication. Once the Council accepts the lowest responsible bidder and awards the contract, a contract exists even if the written contract is not formally signed. 2.9. Splitting Contracts — You must not attempt to avoid the bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. If materials or work logically fall into two separate contracts because they involve separate transactions, as for the service of contractors specializing in different kinds of work, there is no reason why the contracts cannot be separated and dealt with separately. If splitting the purchase 11 into separate contracts serves no specific purpose except to reduce the amount of the contract to less than the applicable minimum, the contract could be considered invalid. 2.10. Reiecting Bids — The City may and should reserve the right to reject any or all bids, or to waive immaterial informalities or irregularities. Unless the bid responds to the specifications in all material respects, it is not a bid, but a new proposition that should be rejected. 2.11. Lowest Responsible Bidder — "Responsible" in bid statutes, means not only financial responsibility but also integrity, skill, and the likelihood of the bidder's doing faithful and satisfactory work. Value does not always depend on price alone. Where plans and specifications demand consideration of several factors and no single bid is lowest in all these factors, weight should be given to the various factors, and, considering all of them, accept what is deemed to be the lowest responsible bid. 2.12. Opening and Tabulating Bids — The bidding process should be kept open until the time and date deadline has expired. The process of opening and tabulating bids must be open to the public. 2.13. When Bidding is Unnecessary — It is not necessary for the City to advertise for bids for: a. Professional services such as engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training; b. The purchase or lease of real estate; C. Non —competitive products which are patented or obtainable from only one source. (Minn. Stat. § 471.36); d. For insurance generally (except that group insurance requires published notice seeking competitive proposals). (Minn. Stat. § 471.6161); e. The purchase, lease, sale, or other acquisition or disposition of equipment, supplies, materials, or other property, including real property from or to the United States of America, or any agency thereof, or any agency of the State of Minnesota, or any political subdivision of Minnesota. (Minn. Stat. § 471.64); f. Contracts for "guaranteed energy savings" where the contractor guarantees the energy cost savings of insulation, or efficient heating or cooling systems, will be greater than the cost of the product. (Minn. Stat. § 471.345, Subd. 13); and g. If Edina establishes a set aside program for buying goods and services from economically disadvantaged persons or from rehabilitation facilities, contracts can be made to such supplier without bidding, subject to some limitations. (Minn. Stat. § 471.345, Subd. 8 and 12). 2.14. Other Provisions — The provisions of paragraphs 1. 13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20 and 1.21 also apply to this Part II. 12 (Revised'kugust 1997) (Approved by City Council, , 1991 and revisions approved July 7, 1997) CITY OF EDINA POLICIES AND PROCEDURES FOR DISPOSITION OF PERSONAL PROPERTY Requirements — The sale or disposal of property that has lawfully come into the possession of the City, and all City property in need of disposal, shall be disposed of via the following means. The sale of real estate is not included in these requirements. Also, property valued over $100,000 must be bid. Other P-property for disposal is divided into categories by method of receipt as follows: 1) If purchased by the City, the material can be disposed of by any means the City determines, including the auctions below set out; and 2) Property obtained incident to law enforcement actions, abandoned or turned over to the City as lost and remaining unclaimed for over 60 days may be disposed of after that time period at public auction or by private sale to certain nonprofit organizations. (Section 155 of City Code). 3) In the case of abandoned vehicles, the City shall comply with the provisions of Minn. Stat. Chapter 168B in selling such vehicles. 4) In the case of property forfeited to the City pursuant to Minn. Stat. § 609.531 through § 609.5317, the City shall comply with the provisions of said statutes in disposing of such property. Auction — The City may hold an auction, as needed, to dispose of all material not disposed of in any other manner. Sale of Unclaimed Property by Private Sale — The City may enter into contracts with nonprofit organizations that have a significant mission of community involvement for the purpose of disposing of unclaimed property through the sale of such property by such nonprofit organization. Any contract with a nonprofit organization for the disposition of unclaimed property must be approved by the City Council. Cooperative County Auction — A vehicle no longer needed by the City should be disposed of at the Cooperative County Auction(s) during the May –October time frame. Participation may hinge on participation in city vehicle purchases. Pur-ehase by 2 Auetion D.- epe.4y may be disposed of by a ..leyeae bids i f the 13 14 Me Nrpw 14 Appendix A REQUEST FOR PURCHASE IN EXCESS OF $20,000 /CHANGE ORDER To: MAYOR AND COUNCIL Agenda Item Item No. Put Item # From: Name of Author Title Date: Date of Meeting Subject: Exact Wording As Shown On Agenda Item Description: DATE BID OPENED OR QUOTE RECEIVED BID OR QUOTE EXPIRATION DATE Insert Date Here or Type NA Insert Date Here or Type NA Company Amount of Quote or Bid 1. 1. 2. 2. 3. 3. RECOMMENDED QUOTE OR BID: Insert Name of Contractor/Vender Here Insert Contract Sale Amt Here GENERAL INFORMATION: Type a description of the purchase, need, etc. here Signature The Recommended Bid is Department within budget not within budget John Wallin, Finance Director Gordon Hughes, City Manager A. City of Edina, Minnesota ' o e �, FINANCE DEPARTMENT C )f° 4801 West 500' Street DATE: March 4, 2010 a� Edina, Minnesota 55424 (612)927 -8861 FAX (952)826 -0390 P.O. NUMBER: 0 PURCHASE REQUISITION Deliver Material To: Appendix B Address: Material Needed Bv: 20 Suaaested /Usual Source: Address: Quantity Description Unit Cost Total Cost Acct. Code $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 • $0.00 $0.00 $0.00 Subtotal: Assemble & Delivery: Tax: Total: $0.00 $0.00 $0.00 Alternate Quotations for Purchases Over $10,000 SOURCES: AMOUNTS OF QUOTATIONS: 1. State of MN Cooperative Purchasing (REQUIRED EXCEPT FOR SERVICES) 1. 2. 2. 3. 3. PREPARED BY: APPROVED BY DEPARTMENT HEAD: APPROVED BY CITY MANAGER: Date: 2/17/2010 To: Ship to: City of Edina 4801 West 50th Street Edina, Minnesota 55424 (952) 927 -8861 Appendix C PURCHASE ORDER No. Must appear on all invoices, packing lists and packages. INSTRUCTIONS TO VENDORS: THE DIRECTOR OF FINANCE IS NOT AUTHORIZED TO APPROVE ANY INVOICE WHICH HAS NOT BEEN RENDERED IN COMPLIANCE WITH CONDITIONS HEREIN. USE SEPARATE INVOICES FOR EACH PURCHASE ORDER. Terms and/or Conditions: (i.e. contract numbers DELIVERY IS AT THE VENDOR'S RISK. GOODS ARE SUBJECT TO INSPECTION AND RETURN IF FOUND INFERIOR TO SPECIFICATIONS AND REASONABLE STANDARD QUALITY. Quantity Description Unit Cost Total Cost Acct. Code $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal: Assemble & Delivery: Tax: Total: $0.00 $0.00 $0.00 THE CITY OF EDINA IS EXEMPT FROM PAYMENT OF ALL FEDERAL EXCISE TAXES, FEDERAL ID# 41- 6005116. UNLESS OTHERWISE SPECIFIED ALL PRICES FOB EDINA. THE CITY SHALL BE ADVISED IF SHIPMENT CANNOT BE MADE IMMEDIATELY. UPON SHIPMENT, INVOICE IN DUPLICATE SHOWING OUR PURCHASE ORDER NUMBER AND MAIL TO: CITY OF EDINA, ACCOUNTS PAYABLE 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 AUTHORIZATION FINANCE DEPARTMENT Z Memo To: Mayor & City Council From: Eric Roggeman, Assistant Finance Director Date: April 2, 2010 Re: Staffs rationale for recommending updates to the City's Purchasing Policy The City's current purchasing policy was last updated in 2000. Since then, inflation, changes in business practices, and changes in State Law have made parts of the policy out of date. Major changes include: 1. Changing the level of purchase that requires Council approval from $15,000 to $20,000. 2. Changing the competitive bidding level from either $25,000 or $35,000, depending on the project type, to $100,000 for all projects. 3. Changing the level for requiring quotes from $2,500 to $10,000, while encouraging quotes for levels below the threshold. Each of these changes will benefit the City in different ways, as explained below. Changing the level of purchase that requires Council approval from $15,000 to 20 000. This change was recommended by staff primarily because of the inflation that has occurred since the policy was last changed in 2000. Inflation can be measured in a variety of ways. Using the Implicit Price Deflators for Gross Domestic Product for state and local government consumption expenditures and gross investment as calculated by the Bureau of Economic Analysis for 2000 -2009 (the most recent data available) inflation since the purchasing policy was last updated is over 46 %. As an alternative measure of inflation, a simple comparison of the City's general fund budgets from 2000 -2010 shows that our expenditures have grown about 39% in the last 10 years. Applying either of these inflation amounts to the 2000 policy level of $15,000 would result in a 2010 figure higher than $20,000. 2 Changing the competitive bidding level from either $25,000 or $35,000, depending on the proiect type, to $100,000 for all projects. This change was recommended by staff for a variety of reasons, including inflation. Using the inflation range of 39% to 46% listed above, $25,000 in 2000 is equivalent to somewhere around $35,000 today, and $35,000 in 2000 is equivalent to about $50,000 today. However, inflation is not the only reason or even the main reason for this recommended change. One of the biggest benefits to making this change is to gain greater flexibility for the City to make strategic contracting decisions. Cities have 3 options for contracts between $25,000 and $100,000. The 3 options are competitive (sealed) bidding, direct negotiation (commonly called "quotation" because this process requires at least 2 quotations), and cooperative purchasing, which many people in the City refer to as "The State Contract ". All three of these methods have pros and cons that may make one preferable over the others in specific situations. In general, the competitive bidding process is a longer, more expensive process for the City and for contractors, who may ultimately pass the expense to the City in their bids. Extra expenses include either one or two newspaper publications ($75 each), more detailed specification books, performance and payment bonds, and additional staff time. Quotation, which still requires gathering quotes, is considerably faster and cheaper than competitive bidding, but may be seen by some people as less open or transparent. Cooperative purchasing using the State Contract is likely the fastest and cheapest option available, and is also fully transparent to the public because the sealed bidding has already been done by the state. However not all items are available on the State Contract, and construction projects could never be on the State Contract because of the specific nature of these contracts. See the chart below for a comparison of the three options. Competitive Bidding Quotation Pros Cons • Transparency • Cheaper than bidding • Faster than bidding • More expensive • May deter bidders • Longer process • Not fully transparent • May omit potential bidders Cooperative Purchasing . Cheapest option Not all items available • Fastest option • Transparency Because each purchasing option has different pros and cons, each option has different situations where it is more useful. For instance, competitive bidding is more useful for large and complex construction contracts where the cost of the process is small in comparison to the dollar value of the contract and where transparency for the public is a high priority. However, for certain types of commercial vehicles or machinery that has already been bid under the State Contract, cooperative purchasing would seem like a better option. Quotation is most useful in situations where there may not be much competition in the marketplace, where the City already has an. established relationship with certain vendors, or where the City wants to complete a project more quickly. Public Works staff analyzed the last ten years of bids to see if savings could have been attained using this new policy, see attached spread sheet. A good example of this was the West 70"' Street Landscaping in 2007; the construction cost was $95,954.40. Plans and specifications were prepared, the project was then advertised and let. Three bids were submitted for this project; the low bidder was prohibited from being awarded the project due to being debarred by the State of Minnesota. If staff was able to obtain quotes for this project, savings could have been achieved from advertising the project to consulting with our City Attorney once the bids were opened. A future example of where this policy would apply is the emergency repair of West 69th Street. The pavement in the northerly lanes is disintegrating. Staff-is proposing to mill and overlay these lanes. The engineers estimate is $95,000. Once the State of Minnesota approves the plan, quotes could be attained and the project awarded in half the time, therefore paving this roadway in early June. Savings would be attained by not advertising and lessening the City's exposure to a poor pavement (even though the pavement has been patched). The major reason for recommending this change in policy was to give staff the opportunity, not the final authority, to make these contracting decisions. Final authority for all contracts over the level set by change #1($15,000 under current policy recommended to change to $20,000) still rests with the City Council, because all purchases over this level must be approved by Council. Changing the level for requiring Quotes from $2,500 to $10,000, while encouraging quotes for levels below the threshold. This change was recommended by staff for a variety of reasons, including inflation. Using the inflation range of 39% to 46% listed above, $2,500 in 2000 is equivalent to somewhere around $3,500 today. However, inflation is not the only reason or even the main reason for this recommended change. State law has long allowed cities the discretion to make purchases at this level by either quotation or in the open market. The 2000 Minnesota Statutes allowed cities to make purchases less than $10,000 by either method. The 2009 Minnesota Statutes allow cities to make purchases less than $25,000 by either quotation or in the open market. 2 One reason it may be preferable to make a purchase in the open market as opposed to quotations is that in some instances it may be more efficient. City staff often buy the same items year after year from the same vendors because the vendors know what we need, provide quality products and services, and have competitive pricing. Many purchases made by the Public Works department are within $10,000 and below. A good example of this, is within Fleet Services when staff is requesting a quote for mechanical work or body work on a vehicle. Many times the service department needs to disassemble a vehicle in order to quote the repair cost. Dual quotes for this type of work is unattainable. Another example is the repair of water services where they are the responsibility of the City; most service repairs range from $2,000 to $4,000 depending on the location and time of year. It is very difficult to obtain two quotes for these types of repairs due to the need of correcting the leaky service in a timely fashion. Changing this level would not preclude staff from seeking quotes for smaller purchases. The policy encourages staff to seek quotes for smaller purchases where practicable and beneficial to the City, which staff routinely does now for smaller purchases even under our current threshold. One example in the Finance Department is the. annual expense of printing the covers for our budget. With the help of the Communications Department, we obtained 13 quotes for an expense that ended up costing the City only $59. In this case, quoting could be done easily and efficiently over email, we knew the market was competitive for this type of work, and we did not have to make a fast purchase. The reasons above represent staff's rationale for recommending changes to the City's policy. Of course, there are personal comfort levels to consider as well. What one person considers conservative another may consider risky. The City operates' under many laws (including the uniform municipal contracting law) set by the State designed to steer the City towards conservative practices. Some of the recommended changes would leave the City's policy more conservative than State law would allow. The recommended increases do not change our basic internal controls that are still in place; including our budget process, City Manager and Finance Director approval of purchases, Council approval of claims list, and Council approval of all purchases over $15,000 (or $20,000 if recommendations are approved). In addition, all City purchases must have statutory authority, must be for a public purpose, and must be within the budget. 2000 -2009 Purchases up to $120,000 Contract No. Project Type Contract Amount ENG 00 -4 Curb & Gutter - W. 56th St. $ 87,642.60 ENG 00 -5 Dakota Trail Lift Station $ 74,000.00 ENG 00 -7 Vernon Ave Sidewalk $ 73,435.00 ENG 00 -8 Roadway Improvements $ 64,840.00 ADM 00 -1 Re -Roof Portion of City Hall $ 85,000.00 PK 00 -1 Wooddale Park Playground $ 119,410.00 PK 00 -2 Wooddale Park Comfort Station $ 119,047.00 HRA 01 -26 Excavation of Contaminated Soils $ 55,802.00 PK 01 -2 Rosland Park Pathway $ 57,810.00 PK 01 -4 Playground Safety Surface Installation $ 52,388.00 Roof Repair & Repl. At Water Treatment PW 01 -3 Plant No. 4 $ 72,723.00 ENG 02 -9 Woodland Road Storm Sewer Imp. $ 119,642.50 ENG 02 -10 Building Demo $ 31,260.00 ADM 02 -1 Asbestos Abatement -Edina Public Lib. $ 64,420.00 PW 02 -2 Rehab Well No. 2 $ 34,255.00 PW 02 -3 Rehab Well No. 18 $ 34,095.00 PW 02 -4 Well No. 15 Pump Maintenance $ 41,930.00 PW 02 -5 Well No. 5 Pump Maintenance $ 39,670.00 PW 02 -8 Sherwood Rd Pump House Renovation $ 71,750.00 PK 02 -1 Heights Park $ 117,579.05 PK 02 -3 Walnut Ridge Park Tennis Courts $ 64,400.00 Fire Sprinkler & Alarm System for Braemar PK 02 -4 Arena $ 77,430.00 ENG 03 -2 Wilson Road Sidewalk $ 58,955.75 ENG 03 -3 Communications Conduit - Wilson Rd $ 55,480.00 ENG 03 -4 Zenith Ave Water Main $ 59,997.50 PW 03 -3 Floor Hoist $ 69,959.00 PW 03 -4 400 KW Generator $ 83,930.00 PW 03 -5 Froof Repair Treatment Plant No. 1 $ 37,950.00 PW 03 -11 Well No. 12 Rehab $ 75,000.00 PK 03 -1 Aquatic Center Pool & Zero Depth Pool Repaint $ 31,500.00 PK 03 -5 Sherwood Park Playground $ 94,191.00 PK 03 -7 Braemar Golf Dome Furnace Replacement $ 53,974.00 ENG 04 -3 City Hall Demo $ 52,900.00 04 -6 ENG Oxford Avenue Watermain Extension $ 62,553.50 04 -7 ENG Halifax & W. 515' Street $ 108,571.00 PW 04 -1 400 KW Generator $ 88,902.00 3 Contract No. Project Type PW 04 -3 300 KW Generator Contract Amount $ 76,650.00 ENG 05 -1 Valley View Road Street Lighting $ 97,160.00 ENG 05 -3 Storm Sewer Improvements $ 116,659.00 ENG 05 -6 Arden Park Canoe Access Imp. $ 47,205.97 ENG 05 -9 Sunnyslope Street Lighting $ 77,674.00 PW 05 -2 Lift Station Rehab $ 62,000.00 PW 05 -3 Well No. 2 Casing Pipe Renovation $ 97,850.00 PW 05 -4 Roof Replacement Treatment Plant No. 2 $ 27,900.00 ENG 06 -6 Tralee Water Main Impr. $ 65,898.00 PW 06 -3 300 KW Generator $ 61,000.00 ENG 07 -6 Cornelia Ave Sidewalk $ 33,021.30 ENG 07 -9 Arden Ave & Countryside Ave CIPP $ 69,184.00 ENG 07 -11 W.-70th Roundabouts Landscaping $ 95,954.40 ENG 08 -2 2008 Pond Dredging $ 70,400.00 ENG 08 -9 Vernon Ave Sidewalk $ 17,634.50 ENG 08 -10 Halifax Ave Sidewalk $ 81,292.00 PW 08 -1 80 KW Generator $ 46,566.00 PW 08 -2 Odor Control Media Replacement $ 31,800.00 ENG 09 -1 2009 Pond Dredging $ 25,250.00 ENG 09 -9 Wooddale Ave Road Repair $ 61,077.95 PW 09 -1 Well No. 13 Rehab $ 81,241.00 U.S. Department of Commerce. Bureau of Economic Analysis Page t of 2 Bureau of Economic Analysis National Income and Product Accounts Table Table 1.1.9. Implicit Price Deflators for Gross Domestic Product [Index numbers, 2005 =1001 Todav is: 3/19/2010 Last Revised on February 26, 2010 Next Release Date March 26, 2010 Line 1999 2000 2001 2002 2003 2004. 1 Gross domestic product 86.768 88.647 90.650 92.118, 94.100 96.770 2 Personal consumption expenditures 87.596 89.777 91.488 92.736 94.622 97.098 3 Goods 95.603 97.520 97.429 96.430 96.380 97.867 4 Durable goods 113.741 111.693 109.479 106.672 102.907 101.005 5 Nondurable goods 86.259 90.006 90.952 90.878 92.791 96.120 6 Services 83.515 85.824 88.428 90.807 93.692 96.688 7 Gross private domestic investment 89.005 89.947 90.721 91.145 92.417 95.642 8 Fixed investment 88.700 89.751 90.553 90.924 92.301 95.541 9 Nonresidential 96.173 96.219 95.788 95.363 95.355 96.834 10 Structures - 69.559 72.298 76.087 79.292 82.174 88.441 11 Equipment and software 107.406 106.114 103.603 101.494 100.287 99.897 12 Residential 74.151 77.415 80.994 83.002 86.953 93.296 13 Change in private inventories - -- -- - -- - -- - -- -- 14 Net exports of goods and services -- -- - -- - -- - -- -- 15 Exports 90.408 92.000 91.627 91.253 93.217 96.517 16 Goods 91.733 92.897 92.321 91.719 93.522 96.926 17 Services 87.314 89.920 90.042 90.202 92.533 95.598 18 Imports 86.250 89.963 87.762 86.784 89.796 94.145 19 Goods 86.875 91.128 88.482 86.930 89.476 93.872 20 Services 83.185 84.209 84.219 86.089 91.469 95.573 21 Government consumption expenditures and 79.337 82.513 84.764 87.003 90.650 94.530 gross investment 22 Federal 79.886 82.524 84.201 87.318 91.024 95.335 23 National defense 79.225 81.821 83.484 86.624 90.659 94.895 24 Nondefense 81.188 83.907 85.612 88.689 91.774 96.234 25 State and local � 79.036 82.482 85.019 86.810 90.425 94.062 Addendum: 26 Gross national product 86.766 88.645 90.648 92.113 94.096 96.767 lrttp:/ hvw w. bea. gov /nationallnipaweb /TablePrint .asp ?FirstYear = 1999 &LastYear = 2009 &F... 3/19/2010 U.S. Department of Commerce. Bureau of Economic Analysis Page 2 of 2 Bureau of Economic Analysis National Income and Product Accounts Table Table 1.1.9. Implicit Price Deflators for Gross Domestic Product [Index numbers, 2005 =1001 Today is: 3/19/2010 Last Revised on February 26, 2010 Next Release Date March 26, 2010 Line 2005 2006 2007 2008 2009 1 Gross domestic product 100.000 103.257 106.214 108.483 109.761 2 Personal consumption expenditures 100.000 102.746 105.502 109.031 109.235 3 Goods 100.000 101.508 102.789 106.150 103.532 4 Durable goods 100.000 98.488 96.713 95.537 93.977 5 Nondurable goods 100.000 103.215 106.250 112.188 108.994 6 Services 100.000 103.411 106.964 110.582 112.236 7 Gross private domestic investment 100.000 104.339 106.630 107.370 106.626 8 Fixed investment 100.000 104.418 106.716 107.550 106.167 9 Nonresidential 100.000 103.534 106.210 107.897 107.573 10 Structures 100.000 112.922 121.275 125.207 122.953 11 Equipment and software 100.000 100.194 100.715 101.455 102.039 12 Residential 100.000 106.081 107.513 105.778 100.651 13 Change in private inventories - -- - -- -- -- 14 Net exports of goods and services - -- - -- - -- - -- - -- 15 Exports 100.000 103.447 107.103 112.389 106.225 16 Goods 100.000 103.328 107.015 112.366 104.875 17 Services 100.000 103.719 107.305 112.445 109.21l 18 Imports 100.000 104.144 108.017 119.559 107.033 19 Goods 100.000 104.207 108.046 120.323 106.167 20 Services 100.000 103.806 107.863 115.682 110.915 21 Government consumption expenditures and 100.000 104.842 109.552 114.502 114.279 gross investment 22 Federal 100.000 104.107 107.754 110.938 111.514 23 National defense 100.000 104.421 108.286 111.913 112.085 24 Nondefense 100.000 103.468 106.672 108.934 110.357 25 State and local 100.000 105.276 110.615 116.642 115.897 Addendum: 26 Gross national product -100.0001103.260 106.215 108.486 -- http:// mv%v. bea. gov /iiational /nipaweb /'I'a.blePriilt .asp ?FirstYear = 1999 &L,astYear = 2009 &F... 3/19/2010 47f.345, 2000 Minnesota Statutes Page 1 of 7 5r 2000 Minnesota Statutes To view the section currently in effect, visit the current version. 471.345 Uniform Municipal Contracting Law. Subdivision 1. Municipality defined. For purposes of this section, "municipality" means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Subd. 2. Contract defined. A "contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Subd. 3. Contracts over $35,000 for municipalities of less than 2,500 population; $50,000 for all others. If the amount of the contract is estimated to exceed $35,000 for municipalities of less than 2,500 population, or $50,000 for all others, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the particular municipality or class thereof _ provided that with regard to repairs and maintenance of ditches, bids shall not be required if the estimated.amount of the contract does not exceed the amount specified in section 103E.705, subdivisions 5, 6, and 7. Subd. 4. Contracts from $10,000 to $35,000 for municipalities of less than 2,500 population; $50,000 for all others. If the amount of the contract is estimated to exceed $10,000 but not to exceed $35,000 for municipalities of less than 2,500 population, or $50,000 for all others, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. htips: / /tivNvw.revisor.nin.gov /statutes /?id= 471.345 &year =2000 3/19/2010 471.345, 2000 Minnesota Statutes Page 2 of 7 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated to be $10,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Subd. 5a. County or town rental contracts. If the amount of a county or town contract for the rental of equipment is estimated to be $60,000 or less, the contract may, in the discretion of the county or town board, be made by direct negotiation by obtaining two or more quotations for the rental when possible and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations shall be kept on file for a period of at least one year after their receipt. Subd. 6. Applicability of other laws. The purpose of this section is to establish for all municipalities, uniform dollar limitations upon contracts which shall or may be entered into on the basis of competitive bids, quotations or purchase or sale in the open market. To the extent inconsistent with this purpose, all laws governing contracts by a particular municipality or class thereof are superseded. In all other respects such laws shall continue applicable. Subd. 7. Minimum labor standards. Nothing in this section shall be construed tp prohibit any municipality from adopting rules, regulations, or ordinances which establish the prevailing wage rate as defined in section 177.42, as a minimum standard for wages and which establish the hours and working conditions prevailing for the largest number of workers engaged in the same class of labor within the area as a minimum standard for a contractor's employees which must be agreed to by any contractor before the contractor may be awarded any contract for the furnishing of any labor, material, supplies, or service. Subd. 8. Procurement from economically disadvantaged persons. For purposes of this subdivision, the following terms shall have the meanings herein ascribed to them: littps:HwNN,w.revisor.nni.aoxi/statutes /' ?id= 471.345 &yeas =2000 3/19/2010 471.345, 2000 Mhuiesota Statutes Page 3 of 7 (a) "Small targeted group business" means businesses designated under section 16C.16. (b) "Business entity" means an entity organized for profit, including an individual, partnership, corporation, joint venture, association, or cooperative. Nothing in this section shall be construed to prohibit any municipality from adopting a resolution, rule, regulation, or ordinance which on an annual basis designates and sets aside for awarding to small targeted group businesses a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set -aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent: the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set -aside program. Subd. 9. Repealed, 1990 c 549 s 3 Subd. 10. Shared hospital or ambulance service purchasing. Supplies, materials, or equipment to be used in the operation of a hospital licensed under sections 144.50 to 144.56 or an ambulance service licensed under chapter 144E that are purchased or leased under a shared service purchasing arrangement whereby more than one hospital or ambulance service purchases supplies, materials, or equipment with one or more other hospitals or ambulance services either through one of the hospitals or ambulance services or through another entity, may be purchased without regard to the competitive bidding requirements of this section, if the following conditions are met: (1) the hospital's or ambulance service's governing authority authorizes the arrangement; (2) the shared services purchasing program purchases items https: /hwvw.revisor.mn.gov /statutes / ?id= 471.345 &year = 2000 3/19/2010 471.345, 2000 Minnesota Statutes Page 4 of 7 available from more than one source on the basis of competitive bids or competitive quotations of prices; and (3) the arrangement authorizes the hospital's or ambulance service's governing authority or its representatives to review the purchasing procedures to determine compliance with these requirements. Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the amount of the contract, any contract entered into by a municipality for the, purchase of fuel required for the generation of power from municipal power plants shall be governed by subdivision 4. Subd. 12. Procurement from rehabilitation facilities. Nothing in this section prohibits a municipality from adopting a resolution, rule, regulation, or ordinance that on an annual basis designates and sets aside for awarding to rehabilitation facilities as described in section 268A.06 a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set -aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set -aside program. Subd. 13. Energy efficiency projects. The following definitions apply to this subdivision. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1) insulation of the building structure and systems within the building; (2) storm windows and doors, caulking or weatherstripping, mult.iglazed windows and doors, heat absorbing or heat reflective https: /Ivnvw.revisor.mn.gov/ statutes / ?id= 471.345 &year =2000 3/19/2010 471.345, 2000 Minnesota Statutes Page 5 of 7 ./ glazed and coated window and .door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (3) automatic energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination-is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) energy conservation measures that provide long -term operating cost reductions. (b) "Guaranteed energy savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and for one or more energy conservation measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed ten years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems. (c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the municipality for its faithful performance. https: / /ivwnv.revisor.mn.gov /statutes /' ?i.d= 471.345 &year =2000 3/19/2010 471.345, 2000 Minnesota- Statutes Page 6 of 7 Notwithstanding any law to the contrary, a municipality may enter into a guaranteed energy savings contract with a qualified provider to significantly reduce energy or operating costs. Before entering into a contract under this subdivision, the municipality shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report, summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced. A guaranteed energy savings contract that includes a written guarantee that savings will meet or exceed the cost of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law or city charter. The contract is not subject to section 123B.52. A municipality may enter into a guaranteed energy savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over ten years from the date of installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy savings contract may provide for payments over a period of time, not to exceed ten years. A municipality may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract must.provide for payments of not less than one -tenth of the price to be paid within two years from the date of the first operation, and the remaining litq)s: / /www.revisor.nin.gov /statutes / ?id= 471.345 &year =2000 3/19 /2010 477.34-5, 2000 Minnesota Statutes Page 7 of 7 _ t costs to be paid monthly, not to exceed a ten -year term from the date of the first operation. Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective. The municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under guaranteed energy savings contracts during the year. Failure of a municipality to make such an appropriation does not affect the validity of the guaranteed energy savings contract or the municipality's obligations under the contracts. Subd. 14. Damage awards. In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid. Subd. 15. Cooperative purchasing. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. HIST: 1969 c 934 s 1; 1973 c 1974 c 510 s 1; 1977 c 182 s 1 -3 1 -3; 1983 c 301 s 211; 1984 c 41 c 13 s 347; 1986 c 350 s 1,2; 19 689 art 2 s 268; 1989 c g s 3; 1 art 8 s 51; 1990 c 541 s26,29; 4 -6; 1998 c 386 art 2 s 93; 1998 1; 2000 c 328 s 2 =4 123 art 5 s 7; 1973 c 226 s 1,2; ; 1980 c 462 s 4; 1983 c 42 s 3 s 1; 1985 c 172 s 129; 1Spl985 86 c 444; 1988 c 409 s 1; 1988 c 989 c 352 s 19,25; 1990 c 391 1990 c 549 s 1; 1992 c 380 s c 397 art 11 s 3; 1999 c 13 s https://w-w-w.revisoi,.nin.gov/statutes/?id=471.345&year=2000 3/19/2010 MINNESOTA STATUTES 2009 471.345 471.345 UNIFORM MUNICIPAL CONTRACTING LAW. Subdivision 1. Municipality defined. For purposes of this section, "municipality" means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Subd. 2. Contract defined. A 'contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Subd. 3. Contracts over $100,000. If the amount of the contract is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the particular municipality or class thereof. With regard to repairs and maintenance of ditches, the provisions of section 10313.705, subdivisions 5, 6, and 7, apply. Subd. 3a. Contracts over $100,000; best value alternative. As an alternative to the procurement method described in subdivision 3, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 4. Contracts exceeding $25,000 but not $100,000. If the amount of the contract is estimated to exceed $25,000 but not to exceed $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Subd. 4a. Contracts exceeding $25,000 but not $100,000; best value alternative. As an alternative to the procurement method described in subdivision 4, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 5. Contracts $25,000 or less. If the amount of the contract is estimated to be $25,000 -or less, the contract may be made either upon quotation-or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 2 MINNESOTA STATUTES 2009 471.345 (P maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 5a. County or town rental contracts. If the amount of a county or town contract for the rental of equipment is estimated to be $60,000 or less, the contract may, in the discretion of the county or town board, be made by direct negotiation by obtaining two or more quotations for the rental when possible and- without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations shall be kept on file for a period of at least one year after their receipt. Subd. 5b. Water tank service contracts. A municipality may, by direct negotiation or through the solicitation of requests for proposals, enter into a multiyear professional service contract for the engineering, repair, and maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by the municipality, if the contract contains: (1) a provision that the municipality is not required to make total payments in a single year that exceed the water utility charges received by the municipality for that year; (2) a provision requiring that the work performed be done under the review of a professional engineer licensed in the state of Minnesota attesting that the work will be performed in compliance with all applicable codes and engineering standards; and (3) a provision that if, at the commencement of the contract, the water tank or appurtenant facilities require engineering, repair, or service in order to bring the water tank or facilities into compliance with federal, state, or local requirements, the party contracting with the municipality is responsible for providing the engineering, repair, or service. The costs to bring the water tank or facilities into compliance must be itemized separately and charged to the municipality in payments spread over a period of not less than three years from the commencement of the contract. Subd. 6. Applicability of other laws. The purpose of this section is to establish for all municipalities, uniform dollar limitations upon contracts which shall or may be entered into on the basis of competitive bids, quotations or purchase or sale in the open market. To the extent inconsistent with this purpose, all laws governing contracts by a particular municipality or class thereof are superseded. In all other respects such laws shall continue applicable. Subd. 7. Minimum labor standards. Nothing in this section shall be construed to prohibit any municipality from adopting rules, regulations, or ordinances which establish the prevailing wage rate as defined in section 177.42, as a minimum standard for wages and which establish the hours and working conditions prevailing for the largest number of workers engaged in the same class of labor within the area as a minimum standard for a contractor's employees which Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved 3 MINNESOTA STATUTES 2009 471.345 ` must be agreed to by any contractor before the contractor may be awarded any contract for the furnishing of any labor, material, supplies, or service. Subd. 8. Procurement from economically disadvantaged persons. For purposes of this subdivision, the following terms shall have the meanings herein ascribed to them: (a) "Small targeted group business" means businesses designated under section 16C.16. (b) "Business entity" means an entity organized for profit, including an individual, partnership, corporation, joint venture, association, or cooperative. Nothing in this section shall be construed to prohibit any municipality from adopting a resolution, rule, regulation, or ordinance which on an annual basis designates and sets aside for awarding to small targeted group businesses a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set -aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set -aside program. Subd. 9. [Repealed, 1990 c 549 s 3] Subd. 10. Shared hospital or ambulance service purchasing. Supplies, materials, or equipment to be used in the operation of a hospital licensed under sections 144.50 to 144.56 or an ambulance service licensed under chapter 144E that are purchased or leased under a shared service purchasing arrangement whereby more than one hospital or ambulance service purchases supplies, materials, or equipment with one or more other hospitals or ambulance services either through one of the hospitals or ambulance services or through another entity, may be purchased without regard to the competitive bidding requirements of this section, if the following conditions are met: (1) the hospital's or ambulance service's governing authority authorizes the arrangement; (2) the shared services purchasing program purchases items available from more than one source on the basis of competitive bids or competitive quotations of prices; and (3) the arrangement authorizes the hospital's or ambulance service's governing authority or its representatives to review the purchasing procedures to determine compliance with these requirements. The shared services purchasing program may award contracts to more than one bidder if doing so does not decrease the service level or diminish the effects of competition. Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved LOOV 4 MINNESOTA STATUTES 2009 471.345 Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the amount of the contract, any contract entered into by a municipality for the purchase of fuel required for the generation of power from municipal power plants shall be governed by subdivision 4. Subd. 12. Procurement from rehabilitation facilities. Nothing in this section prohibits a municipality from adopting a resolution, rule, regulation, or ordinance that on an annual basis designates and sets aside for awarding to rehabilitation facilities as described in section 268A.06 a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set -aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set -aside program. Subd. 13. Energy efficiency projects. The following definitions apply to this subdivision. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1) insulation of the building structure and systems within the building; (2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (3) automatic energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) energy conservation measures that provide long -term operating cost reductions. (b) "Guaranteed energy - savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and' for one or more energy conservation Copyright 0 2009 by the Revisor of Statutes, State of Minnesota_ All Rights Reserved. 5 MINNESOTA STATUTES 2009 471.345 measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 20 years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems. (c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the municipality for its faithful performance. Notwithstanding any law to the contrary, a. municipality may enter into a guaranteed energy- savings contract with a qualified provider to significantly reduce energy or operating costs. Before entering into a contract under this subdivision, the municipality shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report, summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced. A guaranteed energy - savings contract that includes a written guarantee that savings will meet or exceed the cost of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law or city charter. The contract is not subject to section 123B.52. A municipality may enter into a guaranteed energy - savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 20 years from the date of final installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy - savings contract may provide for payments over a period of time, not to exceed 20 years. A municipality may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract must provide for payments of not less than 1/20 of the price to be paid within two years from the date of the first operation, and the remaining costs to be paid monthly, not to exceed a 20 -year tern from the date of final acceptance. Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 6 MINNESOTA STATUTES 2009 471.345 A municipality entering into a guaranteed energy- savings contract shall provide a copy of the contract and the report from the qualified provider to the commissioner of commerce within 30 days of the effective date of the contract. Guaranteed energy- savings contracts may extend beyond the fiscal year in which they become effective. The municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under guaranteed energy- savings contracts during the year. Failure of a municipality to make such an appropriation does not affect the validity of the guaranteed energy - savings contract or the municipality's obligations under the contracts. Subd. 14. Damage awards. In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid. Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. (b) If a municipality does not utilize the state's cooperative purchasing venture, a municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Subd. 16. Reverse auction. Notwithstanding any other procedural requirements of this section, a municipality may contract to purchase supplies, materials, and equipment using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive environment. A municipality may not use this process to contract for services, as defined by section 16C.02, subdivision 17, or a service contract, as defined by section 16C.02, subdivision 16. Nothing in this subdivision must be construed to prohibit a municipality from adopting a resolution, rule, regulation, or ordinance relating to minimum labor standards under subdivision 7, or procurement from economically disadvantaged persons under subdivision 8. Subd. 17. Electronic sale of surplus supplies, materials, and equipment. Notwithstanding any other procedural requirements of this section, a municipality may contract to sell supplies, Copyright 0 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 7 MINNESOTA STATUTES 2009 471.345 materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment. Subd. 18. Electronic bidding. Notwithstanding any other procedural requirements of this section, vendors may submit bids, quotations, and proposals electronically in a form and manner required by the municipality. A municipality may allow bid, performance, or payment bonds, or other security, to be furnished electronically. Subd. 19. Town road construction and maintenance: Notwithstanding any other procedural requirements of this section, a town may contract for the construction or maintenance of a town road by agreeing to the terms of an existing contract between a vendor and a county for road construction or maintenance on an adjoining road if the existing county contract was made in conformance with all applicable procedural requirements. History: 1969 c 934 s 1; 1973 c 123 art 5 s 7; 1973 c 226 s 1,2; 1974 c 510 s 1; 1977 c 182 s 1 -3; 1980 c 462 s 4; 1983 c 42 s 1 -3; 1983 c 301 s 211; 1984 c 413 s 1; 1985 c 172 s 129; ISp1985 c 13 s 347, 1986 c 350 s 1,2; 1986 c 444; 1988 c 409 s 1; 1988 c 689 art 2 s 268; 1989 c 9 s 3; 1989 c 352 s 19,25; 1990 c 391 art 8 s 51; 1990 c 541 s 26,29; 1990 c 549 s 1; 1992 c 380 s 4 -6, 1998 c 386 art 2 s 93; 1998 c 397 art 11 s 3; 1999 c 13 s 1; 2000 c 328 s 2 -4; 2002 c 358 s 1; ISp2003 c 10 s 1; 2004 c 278 s 10 -14; 2005 c 63 s 1; 2006 c 274 s 2; 2007 c 136 art 3 s 4; 2007 c 148 art 3 s 31 -33; 2008 c 207 s 4 -8; 2008 c 356 s 11; 2009 c 101 art 2 s 92 Copyright 0 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved �ol0 � j,EAGUE of j�INNESOTA CITIES 145 UNIVERSITY AYE. WEST ST. PAUL. MN 55103 -2044 PHONE: (651) 281 -1200 TOLL FREE: (800) 925 -1.122 FAX: (651.) 281 -1.299 WEB: WWW.LMC.ORG GOVERNING & MANAGING INFORMATION Competitive Bidding Requirements in Cities 130B1.3 August 2008 The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. © 2008 League of Minnesota Cities All rights reserved Part I. Purpose of competitive bidding :.................................................................... ............................... 3 Part II. Scope of statutory requirement ........................................................................... ..................:...........3 A. Contracts subject to competitive bidding ....................................................... ............................... 3 B. Joint contracting ............................................................................................. ............................... 4 C. Exceptions to competitive bidding .................................................................. ..............................5 D. Best value contracting ....................................................................,............... ............................... 7 E. Common problems in applying the statute ..................................................... ............................... 8 PartIII. Procedure ................................................................................................... .............................11 A. Preparation of bid specifications .................................................................... .............................11 B. Advertising and publication ........................ ............................... .... ............................... ..............13 C. Opening and tabulation of bids ...................................................................... .............................15 D. Investigation of bids ....................................................................................... .............................15 E. Disposition of bids .........................................:............................................... .............................17 ' PartIV. Award of bid .............................................................................................. .............................17 A. Conformity to plans and specifications .......................................................... .............................17 B. Changes and mistakes in bids ........................................................................ .............................18 C. Delays in accepting bids ................................................................................ .............................19 PartV. Contract .......................................................................................................... .............................19 A. Bonds ............................................................................................................. .............................19 B. Miscellaneous considerations when contracting ............................................ .............................21 C. Types of contracts .......................................................................................... .............................24 D. Changes in contracts after award ................................................................. ............................... 27 E. Contracts let in violation of bid requirements .............................................. ............................... 29 Part VI. City contracts in relation to federal anti-trust legislation ......................... ............................... 30 A. The three most important anti -trust acts ....................................................... ............................... 30 B. The application of these laws to cities ......................................................... ............................... 31 Part VII. Sample advertisement for bids ................................................................... .............................33 Part VIII. Outline of a Request for Proposal (RFP) ................................................... .............................34 2 LEAGUE of MINNESOTA CMES A. Contracts subject to competitive bidding There are two elements a city must consider to determine if the competitive - bidding law applies to a particular contract: the type of contract and its estimated price. Minn. Stat § 471.345, Under the competitive- bidding law, the definition of the tern "contract" is subd' 2. broad, but it does not include all contracts. The competitive- bidding law applies to: • Contracts for the sale, purchase or rental of supplies, materials or equipment. • Contracts for the construction, alteration, repair or maintenance of real or personal property. COMpEnnVE BIDDING REQumEmEws IN Cims Part I. Purpose of competitive bidding Minn. Stat §§ 471.345; The uniform municipal contracting law (competitive- bidding law) requires 429.041, subd. 1. cities to use the competitive - bidding process for certain contracts estimated to cost over $100,000. For local improvement projects that are paid for with special assessments, the competitive - bidding process must be used if the estimated cost of the contract exceeds $50,000. Minn Stet § 471.345, The competitive - bidding law generally supersedes all inconsistent laws and subd' 6. charter provisions governing city contracts. Generally, the competitive- bidding process involves publication of an advertisement to solicit sealed bids and the award of the contract to the "lowest responsible bidder.." (See discussion below for exceptions to this general rule.) Foley Bros., Inc. v. The competitive- bidding law has three general purposes. First, it is intended to Marshall, 266 Minn. 259,123 N.W.2d 387 ensure taxpayers ers receive the lowest price and best value for their tax dollars. Second, it allows contractors a level playing field on which to compete for (Minn. 1963). RE Short Co. v. City city contracts. Third, it limits the discretion of contract - making officials and of Minneapolis, 269 reduces the possibility of fraud or favoritism. N.W1d 331 (Minn. 1979);Gris vold v. Ramsey County, 242 Minn. 529,65 N.W1d 647 (Minn. 1954). Part II. scope of statutory requirement A. Contracts subject to competitive bidding There are two elements a city must consider to determine if the competitive - bidding law applies to a particular contract: the type of contract and its estimated price. Minn. Stat § 471.345, Under the competitive- bidding law, the definition of the tern "contract" is subd' 2. broad, but it does not include all contracts. The competitive- bidding law applies to: • Contracts for the sale, purchase or rental of supplies, materials or equipment. • Contracts for the construction, alteration, repair or maintenance of real or personal property. COMpEnnVE BIDDING REQumEmEws IN Cims Minn. Stat §§ 471.345, If a contract is the type of contract subject to the competitive- bidding law, it subd. 3; 429.041, subd. t. will trigger the competitive - bidding requirements if its estimated cost will exceed $100,000. (For a local improvement project that is paid for with For more information special assessments, the competitive - bidding process must be used if the about the c program. contact the estimated cost of the contract will exceed $50,000.) Minn Stat § 471.345, If the cost of the contract is estimated to exceed $25,000, but not to exceed subd. 4. $100,000, competitive bidding is allowed but not required. The city has the 296 -2600. option of either using the competitive- bidding process or making the contract p County, 242 Minn. 529, County, 4 Minn. 65 N.W.2d 647 (Minn. by direct negotiation. If the city chooses to use the competitive - bidding 1954) process, however, it must follow through with the procedure even though it was not originally required. If direct negotiation is used, the city must get at least two quotations and keep them on file for at least one year. Minn. Stat § 471.345, If the contract is expected to be $25,000 or less, the council has discretion to subd. S. make the contract by obtaining quotes or it may simply buy or sell the item on the open market. If the council chooses to obtain quotes, it must obtain at least two quotes and keep them on file for at least one year. The law makes no distinction between contracts on the basis of the funds from which payments are made. Thus, a contract that is payable from the municipal liquor store fund must use the competitive- bidding process if its estimated cost is expected to exceed the competitive - bidding threshold. B. Joint contracting Minn. Stat § 471.59. Governmental entities may jointly contract to undertake projects and purchase LEAGUE of MmmoTA CmEs services or equipment. Under such an agreement, one governmental entity may solicit bids on behalf of itself and other governmental units that are parties to the agreement. For more information An example of this is the state's Cooperative Purchasing Venture Program about the c program. contact the (CPV Program). Cities that participate in this program are allowed to purchase Department of equipment under state contracts at prices the state has already competitively Administration at 651- bid. 296 -2600. Minn. Stat § 471.345, Cities also have authority to engage in joint purchasing for contracts for the subd. 15. purchase of supplies, materials or equipment if the purchase is made through a national municipal association's purchasing alliance or cooperative. The alliance or cooperative must have been created by a joint - powers agreement and must purchase items from more than one source on the basis of competitive bids or competitive quotations. Joint purchasing agreements should be made using a formal council action, such as a resolution. Ideally, cities wishing to make purchases under one set of bids or quotations should agree to do so before the request for bids or quotations is made. This allows bidders to know how many purchases are likely to be made. LEAGUE of MmmoTA CmEs A.G. Op. 1007 (Mar. The attorney general has advised that the competitive - bidding requirements 22, 1971). apply to the total amount of a joint contract, not to an individual participant's share. Thus, if the total amount of the contract is more than the competitive - bidding threshold, and it is the type of contract that is subject to the competitive - bidding law, sealed bids must be sought even if the city's share of the contract is less than the competitive - bidding threshold. Minn. StaL § 471.345, . Contracts of $25,000 or less If a contract is estimated to be $25,000 or subd. 5. less, the city has the choice of making the contract upon quotation or in the open market. If the city makes the contract upon quotation, the city must obtain at least two quotations and keep them on file for at least one year after their receipt. For local improvement contracts that are paid for with special assessments, the competitive - bidding process must be used if the estimated cost of the contract exceeds $50,000. Minn. Stat § 471.345, a Electronic reverse - auction purchases. Cities may use an electronic subs. 16. reverse- auction procedure to contract for the purchase of supplies, materials, and equipment regardless of their cost. This procedure allows vendors to compete to provide the requested supplies, materials or equipment at the lowest selling price in an open and interactive electronic environment. cowEfrIYVE BIDDING REQUIREMENTS IN Crrms C. Exceptions to competitive bidding The following are some of the most common exceptions to the competitive - bidding requirements: Hubbard Broad, Inc. a Non - contracts. An agreement that does not meet the definition of a it Sports Conwjnm�'n 381 N.W.2d contract under the corn etitive- biddin law is exempt from the t p g p , 842 (Minn. 1986); competitive - bidding requirements. For example, an agreement in which a Sclmandt sanitation of company supplied a special scoreboard system in exchange for the right to Paynesville r. City of Paynmffle, 423 sell or lease advertising space on it was found to be exempt from the N.W.2d 59 (Minn. CL competitive- bidding requirements because it was not a contract for App. 1988); A.G. Op. "materials, supplies or equipment." Likewise, contracts for refuse hauling 707 -A (Feb. 8, 1990). and janitorial services were also found to be exempt from the competitive - bidding requirements because they were not considered to be contracts within the definition of the competitive- bidding law. Minn Stat. §§ 471.345, . Contracts below the competitive - bidding threshog but above $25,000. subd. 4; 429.041, subd. Contracts that are estimated to cost more than $25,000, but not more than 1. $100,000, may be made in two different ways. The city may make the contract using the competitive- bidding process or by direct negotiation. If direct negotiation is used, the council must seek at least two quotations and keep them on file for at least one year after receipt. For local improvement contracts that are paid for with special assessments, the competitive- bidding process must be used if the estimated cost of the contract exceeds $50,000. Minn. StaL § 471.345, . Contracts of $25,000 or less If a contract is estimated to be $25,000 or subd. 5. less, the city has the choice of making the contract upon quotation or in the open market. If the city makes the contract upon quotation, the city must obtain at least two quotations and keep them on file for at least one year after their receipt. For local improvement contracts that are paid for with special assessments, the competitive - bidding process must be used if the estimated cost of the contract exceeds $50,000. Minn. Stat § 471.345, a Electronic reverse - auction purchases. Cities may use an electronic subs. 16. reverse- auction procedure to contract for the purchase of supplies, materials, and equipment regardless of their cost. This procedure allows vendors to compete to provide the requested supplies, materials or equipment at the lowest selling price in an open and interactive electronic environment. cowEfrIYVE BIDDING REQUIREMENTS IN Crrms Minn. Stet § 471.345, Electronic sales of surplus supplies, materials, and equipment Cities subd. 17. may contract to sell supplies, materials, and equipment, which are surplus, obsolete, or unused, regardless of their cost, using an electronic selling process in which purchasers compete to offer the highest purchase price in ark open and interactive environment. Minn. Stat § §16C.02, Best value contracting. Under certain circumstances, cities may use best 416.3; ; value contracting or construction projects. Best value contracting subd. 2a; 469.015, requires cities to consider two factors as part of a request- for - proposals subd. la; 469.068, process: price and performance. There are additional factors that may be subd. Ia; 469.101, sub.. 5a; 471345, considered. subds. 3a, 4a, 5. For more information see Part t. D, Best Value Coniracling. Minn. Stat § 471.345, . Shared hospital or ambulance service contracts Certain hospital or subd. 10. ambulance purchases and leases are exempt from competitive- bidding requirements if made through a shared - service purchasing agreement. Minn. Stet § 471.345, . Some fuel contracts. Fuel contracts for generation of municipal power subd. 11. may be made using direct quotations or competitive bidding. Minn. Stat § 471.345, • Guaranteed energy savings contracts. subd. 13. Minn. Stat §§ 465.035; • Intergovernmental contracts. Contracts between governmental entities 471.64; A.G. 3 , 1 65 59- A- ]5(Maz.30,1965). for the sale lease or purchase of real or personal roe between � P P property federal, state or political subdivisions. Minn. Stat § 471.345, • Real estate contracts. The purchase or sale of real property is generally subd. 2; A.G.. 1 707a -15 (Sept. 14, not required to be competitively bid. q P y 1987). Kroluiberg v. Pass, 187 . professional services contracts Professional services, such as those Minn. 73,244 provided b doctors engineers, lawyers, architects, accountants, and other P Y a � � wY � . 19 2). 329 (Minn. 1932). services requiring technical, scientific or professional training. Minn Stat § 471.6161. o Some group- insurance contracts Group insurance for 25 or more Also see Part 11 -D(7) employees. This type of insurance must be solicited through requests for Requeatforproposals. proposals. The request for proposals must be in writing and must include the coverage to be provided, the criteria for evaluation of carrier proposals, and the aggregate- claims records for the appropriate period. The request for proposals must be published in a newspaper or trade journal for at least 21 days before the final day for submitting proposals. Layne Minn. Co. v. a Emergency contracts The emergency - management statutes give cities Tinpn N.W. d 295 t:, 247 N.w.2d 295 (Minn. the ability to declare an emergency for a limited period of time. During 1977); Minn. Stat. § such an emergency, cities are not required to use mandated contracting 1237; See Handbook, procedures. If the facts of the situation do not indicate that a true Chapter 23. emergency exists, such a contract would likely be void. LEAGUE OF MINNESOTA Cum Village of Excelsior r. • Some intergovernmental construction contracts A,cooperative F. W. Pearce Corp agreement to construct a project with the state or with another political 303 Minn 118, 226 6 N.W.2d 316 (Minn. subdivision of the state when the other unit does the construction. This 1975)• applies only where there is an agreement prior to the initial advertising for 469.015, subd. la; bids on the project. Mina Stet § 453.59. • Some municipal electric power construction contracts. A city may 469.101, subd. 471.345, subds. 3a, 4a, contract for the planning, acquisition, construction, reconstruction, and 5. operation, maintenance, repair, extension, and improvement of generation and transmission facilities without using the competitive- bidding process. The facilities must be located outside of the city's corporate limits. Minn. Stat § 453A.09. • Some municipal gas construction contracts A city may contract for the planning, acquisition, construction,. reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of its corporate limits or those of its members without advertising for bids. Minn. Stat § 471.345, a Water tank service contracts. Under certain circumstances, a city may subd. 5b. enter into a multi -year contract for the engineering, repair, and maintenance of a water storage tank and its accessory facilities without advertising for bids. Minn. Stat. § 469.015, . BRA exceptions Under certain circumstances, a housing and subd. 4. redevelopment authority does not need to comply with competitive - bidding requirements. CoupErrri a BmDiNG RDQuDuzIENts IN Crr>Fs D. Best value contracting Minn. Stat. §§ 16C.02, Best value contracting provides an alternative to the competitive- bidding .28; process that requires a contract to be awarded to the lowest responsible bidder. P q 412311, subd. 2; 412 11, subd. 429.041, subd. 2a; The best - value- contracting laws only apply to construction projects. The law 469.015, subd. la; requires two factors to be considered as part of a request- for - proposals 469.161, subd. t a; Sa; process: rice and performance. Nine other factors may be considered P P P 469.101, subd. 471.345, subds. 3a, 4a, including, but not limited to, the vendor or contractor's: and 5. • Quality of performance on previous projects. This does not include the exercise or assertion of a person's legal rights. • Timeliness of performance on previous projects. • Level of customer satisfaction with the performance on previous projects. • Record of performing previous projects on budget and ability to minimize cost overruns. • Ability to minimize change orders. • Ability to prepare appropriate project plans. • Technical capabilities. • Qualification of key personnel. CoupErrri a BmDiNG RDQuDuzIENts IN Crr>Fs • Ability to assess and minimize risks. Minn. Stat § 16C.03. Any staff or consultants who administer a best - value- contracting process must first receive training in the request- for - proposal process for best value contracting for construction projects. The commissioner of the Department of Administration has authority to establish a training program for state and local government officials. The law does not specify the content or amount of training required, and the training may be conducted by entities other than the Department of Administration. Minn. stet § 16C M, The criteria used to evaluate best - value- contracting proposals must be suba.l(c). included in the RFP. The RFP must also state the relative weight of price and other selection criteria. If an interview of the vendor or contractor's personnel is a factor in the selection criteria, the relative weight of the interview must be stated in the RFP and applied accordingly. Minn. Stat § 16C28, It appears that cities are limited to using best value contracting for either one subd. 10. project annually or 20% of their projects, whichever is greater for the first three fiscal years in which best value contracting is used. E. Common problems in applying the . statute There are areas in which the competitive- bidding law is unclear. This section discusses several of cities' most common questions. 1. Splitting contracts 53 A.L.R. 2d 498 Generally, the competitive- bidding process may not be avoided by splitting a A-4 (A A.G. 19 2). contract into several smaller contracts, each of which is under the competitive - A -4 (Apr. 29,1952). bidding threshold. A court will probably find a contract to be void if it is split for the purpose of avoiding the competitive - bidding process. It may be appropriate, however, to enter into two separate contracts for materials or work if they involve separate transactions. An example of this might be where the services of different specialty contractors are necessary to complete a particular project. In such a case, there appears to be no reason why the work or material may not be contracted for without advertising for bids if each of the contracts does not exceed the amount that would require competitive bidding. Another example might be two separate contracts for different sidewalk improvements, each involving less than the competitive - bidding threshold. In this situation, it appears the contracts could be let without advertising for bids if the two contracts involve separate improvements on two different streets. It will usually be more advantageous, however, to combine like improvements in a single contract, and this will probably result in the total contract amount being large enough to require competitive bidding. LEAGUE OF MMMOTA CMES 0 Similar considerations apply in determining whether it is possible to purchase materials and contract for labor separately. The Minnesota Supreme Court has not considered this question. Whether facts support splitting a contract in a given situation must be determined on a case -by -case basis. 2. Used equipment and trade -in values A.G. Op. 707A -15 Bids must be solicited if the contract's cost is estimated to exceed the (Jan. 29,1952). competitive - bidding threshold even when used items are being purchased. The statutes do not distinguish between new and used supplies, material or equipment. If the city will be trading in old equipment when purchasing replacement equipment, the trade -in value should not be subtracted when calculating the contract price to determine whether competitive bidding is required. In short, the contract price will be the total cash value of the new item, not the total that is paid after the trade -in is made. 3. Sales tax and the dollar amounts Cities should probably include the cost of sales tax when estimating the amount of a construction contract. This will result in a closer estimate of the total cost of a construction project. Sales tax on materials, as well as withholdings for the contractor's workers, will be included by the bidder in the total amount for a construction contract. Although it is unclear whether sales tax should also be included when estimating the cost of a contract to purchase equipment, cities may wish to include this amount. For example, suppose a city is going to purchase office equipment priced at $99,999 without sales tax and the city opts not to use the competitive- bidding process because the amount does not exceed $100,000. The addition of the sales tax, however, brings the amount to more than $100,000. It is certainly possible someone could argue that the contract should have been let using the competitive - bidding process. 4. Bids sent by facsimile Minn. Stat § 471.345, It appears cities cannot accept a bid sent to them through a facsimile machine. subd. 3. According to the competitive- bidding law, bids generally must be "sealed." Facsimile bids would not meet this requirement. COMPErr m BIDDING REQUMEMEM IN CMES 1 5. Bids sent electronically Minn Stat § 471.345, Cities are authorized to allow bidders to submit bids electronically. Cities are subs. IS. also authorized to allow bid, performance, and payment bonds, as well as other security, to be furnished electronically. The bid advertisement should specify the form and manner required for electronic submission. Cities should also consider adopting policies for how the "opening" of electronic bids will be handled. For example, cities may want to designate a staff person to receive the electronic bids and be responsible for printing a hard copy of them. Cities may also want to designate a staff person to be responsible for keeping the amount and terms of the electronic bids private until the public meeting where the electronic bids will be made public. 6. Pre - qualification of bidders The authority of cities to require bidders to pre - qualify before allowing them to bid on a contract is unclear. Requiring bidders to meet certain minimum qualifications in advance would appear to be for the purpose of eliminating irresponsible bidders and reducing the total number of bids the city will need to consider. It also may give potential bidders an idea of the criteria the council will use to determine the responsibility of the bidders. . Although it is arguable that a pre- qualification requirement is within a city's powers, it is not possible to cite any direct authority for such a practice at this time. However, decisions in cases from other states suggest that pre -bid criteria are permissible when established under a state policy. Cities may want to have their city attorneys consider any pre - qualification criteria that are being considered for bidders. Westin Conurr., Inc. v. In an unpublished decision, the Minnesota Court of Appeals upheld the use of Cory Ct o3�fumetonka, No. A003 -50 (Mina. bid- evaluation criteria by the City of Minnetonka (home rule charter city). The App. Dec. 30, 2003) criteria were not used as true pre - qualification criteria because they were not (unpublished decision). used to exclude anyone from bidding. Instead, they were used to determine which bidders were eligible to be considered for the contract award. Bidders were given scores based on criteria including their history for doing similar projects on time and on budges. Only bidders with a 10 -point minimum score were eligible to be considered for being awarded the contract. 7. Requests for proposals (RFPs) See Part V111. Outline The competitive- bidding law does not provide for an alternative purchasing of an RFP. procedure such as a request for proposal (RFP). If a contract is required to be let through competitive bidding, cities may not solicit RFPs. However, RFPs are commonly used for contracts that are not required to be competitively bid, such as contracts for professional services. An RFP broadly defines the scope of the contract and asks interested persons for proposals that specifically define the services that will be offered and the amount they will cost. In contrast, a sealed bid is basically a bided dollar amount for a specific contract defined by the city. 10 LEAcm of NimmorA CmFs Mmn. star. § 471.616 1. Group insurance for 25 or more employees must be solicited through RFPs. The RFP must be in writing and must include the coverage to be provided, the criteria for evaluation of carrier proposals, and the aggregate claims records for the appropriate period. It must be published in a newspaper or trade journal for at least 21 days before the final day for submitting proposals. Part III. * Procedure This section discusses the general procedure that must be used in the competitive- bidding process. Cities may have additional steps to follow, depending upon an individual city's policies or charter. Generally, the process includes the, following steps: • Preparation of bid specifications. • Advertising and publication. • Opening and tabulation of bids. • Investigation of bids. • Disposition of bids. COWP MIW BIDDING RsQUMEM ;M IN Cms 11 A. Preparation of bid specifications Caller r. Croy of Sr. Before seeking bids, the city must prepare plans and specifications. The Paul, 223 Minn. specifications should provide bidders a basis on which to bid that attracts as 26 N.W.2d 835 (Minn. n 1947); A.G. many bidders as possible and treats all of them fairly. Cities should keep the memorandum to public following two, general rules in mind when preparing specifications: officials (Feb. 22, 1974). DmIes Y. T?llage of . The specifications must be sufficiently definite to give prospective bidders Minn. a "reasonable basis" on which to bid. Whether a set of specifications is , 2 87 7 1 526, 2 N.W. N. 526 (Minn. 1939). sufficiently definite must be determined on a case -by -case basis. Minn. Stat § 471.35; . The specifications may not be drawn in such a way as to exclude all but Otter Toil Power one a or kind of supplies orequipment. The s specifications must permit type PP � P P a , Village of Elbow Lake, 234 Minn. 419, 49 free and unrestricted bidding. However, this does not mean the N.W.2d 197 (Minn. specifications must be drawn to include every possible bidder. 1951). Major Indus., Inc. v. In an unpublished decision, the Minnesota Court of Appeal's held that the Kra`b' & statute prohibiting specifications that exclude all but one type of supplies or P g P tes, Inc., Associates, I No. A04 -1052 (Minn. CL equipment does not authorize private actions by individuals for damages. In App. Dec. 21.20M) this case, the Court dismissed a claim by a skylight manufacturer against a (unpublished decision). school district for damages based on its claim that the school district had violated the statute by using specifications that required a particular manufacturer and type of skylight for a construction project. Minn. Stat §§ 471.35; State statute makes it a gross misdemeanor to draft specifications to exclude 471.36.471.37. all but one type of supplies or equipment. There is an exception for noncompetitive supplies and equipment. Just what would be considered "noncompetitive" supplies or equipment is not clear. COWP MIW BIDDING RsQUMEM ;M IN Cms 11 M 12 LEAGUE of MINNESOTA CT= Even though noncompetitive supplies or equipment are an exception from the requirement concerning specifications, they are still subject to the other competitive - bidding requirements. Otter Tail Power co. v. The courts have recognized that some items are not capable of precise 234 Mi of 419, Lake, 234 Minn. 419, 49 specifications. While the city ill be allowed some latitude in eci m P tY P fY � g N.W.2d 197 (Minn. features of a complicated piece of equipment, it must have a clear reason for 1951); Otter Tail restrictive specifications. Where reasons for such restrictions cannot be Power MacK co. , MacKichan, 27D Minn. shown, the are considered to stifle competition and will not be upheld. Y P P 262,133 N.W2d 511 (Minn 1965);A.G. Op. 707a -12 (May 23, 1962). -see Part vl, City With some contracts, cities may want to have a vendor assist in drafting the contracts in relation to federal anti -&wt specifications. However, in these situations, cities should seek an agreement legislation from these individuals not to bid on the project for which they have drawn the specifications. Otherwise, the vendor may have an unfair advantage when bidding on the contract. The competitive- bidding law does not provide for an alternative purchasing procedure such as a "request for proposal." However, in situations where drawing specifications very tightly would have the effect of unreasonably limiting competition, the city may draw the specifications so as to include a variety of more or less comparable equipment to give it a basis for later evaluating the resulting bids on the basis of overall value. If this kind of procedure is used, it seems like a good idea to include a statement to that effect within the specifications. This will tell bidders how the bids will be evaluated and what factors will be considered in addition to price. In this type of situation, the specifications should spell out the minimum functions the equipment must perform to be acceptable. A.G. memorandum to Finally, the attorney general has suggested that cities should take great care in public officials (Feb. 22, ]974). specifying the contractual obligations of both parties in bid advertisements. Cities may want to address the following: • The city's right to reject all bids. • What the city views as the most important award factors. • The where and when of delivery. • Any necessary patent protection. • Liquidated damages provisions. • Any required maintenance and services. • The provisions of any warranties. • How training on the use of equipment will be provided. • How. conflict resolution will be handled if a dispute arises regarding the contract. 12 LEAGUE of MINNESOTA CT= .r See Section VII, Sample advertisement for bids. Ryan v. City of Coon Rapids, 462 N.W.2d 420 (Minn. CL App. 1990). • Time of delivery. • The specifics of acceptance. • Whether the city is purchasing on a unit or lot basis, and the reasons why the plans and specifications are restrictive (if they are). • The period of time for which the vendor's bid is to be firm. • Any other special conditions relating to the items to be purchased. The above factors should be dealt with clearly in the bid advertisement. Spelling out the terms and conditions will give both cities and bidders a fuller understanding of their rights and responsibilities. It can also help to minimize controversies and inefficiencies in the performance of the contract. B. Advertising and publication The following section outlines the advertising and publication requirements for the competitive- bidding process. It also offers suggestions on what type of information should be included in these publications. , 1. The published notice should contain the following information: • A description of the projector purchase being sought. '• The availability of specifications in the office of the city clerk. • Requirements for bids, such as sealed bids, security to accompany bid. • Where the bid must be submitted. • The deadline for submitting the bid. • The time and place of the bid opening. • The officers who will be present for the opening. • A statement that the city may delay awarding the contract until certain events occur. • A statement reserving the right of the city to reject all bids. 2. Time Several things must be considered before deciding how long an advertisement for bids must be published. There may be special advertising requirements depending upon the particular city and its policies. It is also important to consider the type of contract being advertised. Coia mve BIDDING REQumEmENTs IN Crrms 13 . 7 - Minn. Stet § 412.311. (1) Contracts in general In statutory. cities, bids must be solicited by notice published once in the official newspaper at least 10 days before the last day for submission of bids. Minn. Stat § 410.33. Home rule charter cities should consult their charters for any special advertisement requirements. If the charter is silent with regard to this matter, a city may utilize the requirement for statutory cities of advertising at least 10 days before the last day for submitting bids. (2) Contracts made under the local- improvement statutes Minn. Stat §§ 429.031, If a city is making a contract under the local- improvement and special - subd. 1; 429.041, subd. assessment statutes, there are special public -notice and hearing requirements. Since these requirements must be met prior to awarding the contract, they are not addressed in this document: However, there are two possible advertisement requirements when seeking bids for this type of contract. Regardless of which possibility is used, the advertisement must specify the work to be done and state the time when the council will publicly open the bids for consideration. The advertisement must require that the bids be sealed (unless the city authorizes electronic bids) and filed with the clerk and be accompanied by a cashiers check, bid bond or certified check made payable to the clerk. The two possible advertisement requirements are: Minn Stat § 429.041, Bids for a local- improvement contract estimated to exceed $50,000 but subd. 1. not to exceed $100,000. In this case, the city must advertise for bids in the official newspaper and other papers for the length of time the council may deem advisable. The first publication must be at least 10 days before the bids are publicly opened. If the contract is estimated to cost $50,000 or less, competitive bidding is not required. However, if competitive bidding is used, the'advertisement procedure should follow the same standards. Minn Stat § 429.041. . Bids for improvement contracts estimated to exceed $100,000. In this subd. 1. case, the publication must be made at least three weeks before the last day to submit bids. The advertisement must be published at least once in the official newspaper and at least once in either a trade paper or a newspaper that is published in a First Class city. These procedures are the minimum requirements, and cities may choose to provide additional advertising in particular cases. A longer period of advertising can increase the number of bidders and improve the chances of achieving better contract terms. In addition, the city may want to mail an League of Minnesota invitation or personally contact those contractors it thinks might be interested cities• in submitting a bid. The League also publishes, at no cost to member cities, bid advertisements in the Cities Bulletin newsletter and posts them on the LMC web site. 14 LEAGUE of MiNmsoTA CmEs 3. Alternative notice on web site or trade journal Mina stat § 331A.03. Under certain circumstances, cities are authorized to use two alternative means of providing notice for bid advertisements either in addition to, or as an alternative to, the statutory requirements for newspaper publication. The two alternative means of providing notice are on the city's web site or in a recognized trade journal. Minn. stet § 331A.03. Three conditions must be met before a city is authorized to use these alternative means of providing notice. First, the alternative notice must be in substantially the same format and for the same period of time as would be required for newspaper publication. Second, the city must simultaneously publish, either as part of its regular meeting minutes or in a separate notice, a description of all the solicitations being disseminated through alternative means. Third, for the first six months after a city designates an alternative means of providing notice, it must continue to publish bid advertisements in the official newspaper in addition to the alternative method. The newspaper publication must indicate where to find the designated alternative method of notice. After the expiration of the six-month period, an alternative means of providing notice satisfies any publication requirements. C. Opening and tabulation of bids Bids should be kept unopened by the clerk until after the closing time for receiving them. At the time set by the council in the advertisement, the bids should be opened publicly in the presence of the officials named in the bid notice. All bids should be opened and tabulated at a public meeting by the council or in advance of the council meeting by designated officials. Generally, bids should be opened prior to the meeting at which the council will consider them, preferably on the same day. This enables the engineer or clerk to tabulate each bid in advance, which will reduce the time spent on the matter during the council meeting. Minn. Stat § 471.345. If cities allow bidders to submit electronic bids, the bid advertisement should s °ha. 18. specify the form and manner required for electronic submission. Cities should also consider adopting policies for how the "opening" of electronic bids should be handled. For example, cities may want to designate a staff person to receive the electronic bids and be responsible for printing a hard copy of them. Cities may also want to designate a staff person to be responsible for keeping the amount and terms of the electronic bids private until the public meeting where the electronic bids will be made public. D. Investigation of bids After all bids have been opened, the council should investigate them. Information should be obtained to help the council evaluate each of the bidders. The investigation may be carried out by the city engineer, purchasing agent, clerk or other designated person. The following elements are usually considered: COMPETITIVE BIDDING REQUIREMENTS IN CITIES 15 • Compliance with specifications. • Reasonableness, including how the bids compare to the prior estimate of cost, if any. • The responsibility of the bidder and the probability of the bidder's adequate performance. • Any other conditions that may be important. Minn. Stat §§ 412.311; Contracts must be awarded to the "lowest responsible bidder." In determining 429.04 Mi M. Col/er v City of St. Paul. 223 Who the lowest responsible bidder is, the courts have said that the council has 376.26 N.W2d 835 reasonable discretion. The phrase "lowest responsible bidder" does not mean (Minn 1947); Foley the lowest bidder, but the lowest bidder who is most likely to do faithful, Eros., Inc. v. Marshall, conscientious' work and promptly fulfill the contract according to its letter and 266 Minn 259,123 p P y g N.W2d 387 (Minn. spirit. 1963). State v. Shively. 175 The successful bidder must be considered "responsible" to perform the Minn. 379.221 N.W. 19 535 (Minn. 1928); proposed contract. "Responsibility" includes such things as the bidder's Kelling it Edwards, financial responsibility, integrity, ability, skill, and likelihood of providing 116 Minn. 484,134 faithful and satisfactory performance. N.W. 221 (Minn. 1912). ffj Nielsen r. City ofSt. In determining the lowest responsible bid, the council may take into Paul, 252 Minn. 12, 88 consideration not only the lowest price offered, but also the actual capability N.w.2d 853 (Minn. n. 1958). of a given vendor to perform the proposed contract and whether the bidder has 1951); Leskinen v. adequately met the terms and conditions of the bid specifications. Otter Tall Power Co. x The council has somewhat more latitude in purchasing items of equipment Village ofElboiv Lake' that are not capable exacts ecifications. In making such a purchase, a that o p p 234 Mint 419,49 N.w.2d 197 (Minn. council may exercise reasonable discretion in determining the lowest 1951). responsible bidder. In addition to the bid price, it may consider the quality, suitability, and adaptability of the article. Otter Tail Prnver Co. Y. In some situations, the council may decide what weight to give to various Village ofFReaton, factors and accept what it deems to be the lowest responsible bid. Such a 235 Minn.123, 49 N.W.2d 804 (Minn. situation occurred when plans and specifications for the construction of a 1951). power plant demanded the consideration of several factors and no single bid was the lowest in all the factors. The court agreed the city council could use its discretion to determine which elements were the mlost important, and said that such a contract will not be set aside by the court unless there is an abuse of discretion. AG. Op. 707a -15 (Oct In awarding a contract for the purchase of an item, such as a police car, a 25,1966). council may consider the proximity of repair and service facilities in addition to the price. Otter roll Power Co. it In extreme situations, time and certainty of delivery may be grounds for not Village of Elbow Lake, choosing he lowest bidder. However, if awarding a contract on a basis other g 234 Minn 419,49 N.W2d 197 (Minn. than the lowest bid, the city must be able to justify its decision. 1951); Leskinen v. Puce j, 262 Minn. 461, 115 N.W2d 346 (Minn 1962). LE.AouE of Mmn rA CITIES �7 E. Disposition of bids A.G. Op. 707 -a -1 (Naar. After investigation of the bids, the council may either accept one of the bids or 28,1955). reject all of them. If there are no bids, the council should re- advertise. Generally, a lack of response from bidders does not eliminate the requirement to use the competitive- bidding process. Cities that find themselves in this type of situation may reach more potential bidders by revising the bid specifications or re- advertising in publications with a larger circulation. Minn. stat § 429.041, On a project under the local- improvement or special - assessment statutes, if subd. 2. there are no bidders or if the only bids exceed the engineer's estimate, the council may choose to do the work by day labor. Part IV. Award of bid This section discusses several issues city officials may need to think about when considering bids. A. Conformity to plans and specifications Sutton v. City ofSt. The successful bid must conform to the bid specifications. Unless the bid Paul, 234 Minn 263, P 48 N.W.2d 436 (Minn. P res onds to the specifications in all material respects, it is not a bid but a new 1951); Carl Bolander proposition and, therefore, should be rejected. & Sons Co. v. City of Mfnneapolls, 451 N.W.2d 204 (Minn. 1990). Coller v. City of St. A bidder who has deviated from the specifications may still be awarded the Paul, 223 Minn. 376, contract if the deviation is not a material variance. The general rule is that a 26 N.W.2d 835 (Minn. 1947); A.G. Op. 980-B variance is material if it gives a bidder a substantial advantage or benefit over (rune 2,1950); Duffy v. other Whether a material variance exists is a fact question that must Village of Princeton, .bidders. be dealt with on a case-by-case basis. The following were found to be Y- 240 Minn 9, 60 N.W-2d 27 (Minn examples of material variances: 1953). specifications to relieve the bidder from completion penalties if the Diamond Y. 00, of 0 A difference in the contract's payment date that was four months earlier Mankato, 89 Minn. 93 N.W. 911 (Minn. . than the date in the specifications. 1903). C Bidder's deviation by adding a 10- percent escalation clause. Coffer V. City of st. a A stipulation that the equipment sold to the city be installed according to Paul, 223 Minn e company's 'specifications instead of those of the city, and failure of the P an Y s s P 26 N.W.2d 835 (Minn. 1947). bidder to agree to pay for a city inspector during the six-month trial period as called for in the specifications. LeTourneau v. Hugo, a Modification to allow a bidder earlier payment and a change of 90 Minn 42 N.W. specifications to relieve the bidder from completion penalties if the 11 5 (Minn. 19 19 033 ). 11 delayed performance was due to circumstances beyond the bidder's control. A.G. Op. 707 -B -7 C Bidder's deviation by adding a 10- percent escalation clause. (May 21, 1946). CompmTrm BIDDING REQUIREMENrs IN CRIES 17 A.G. Op. 707 -a-4 (June Submission of single bid for an entire contract when the specifications 4,1947). asked for separate bids for the contract's four parts. County, 242 Minn 529, On the other hand, minor irregularities and deviations are generally not 65 N.WZd 647 (Minn. 1954); A.G. Op. 161- viewed as material variations. This is especially true of technical irregularities A -8 (Jan. 5,1965); where requirements are intended for the benefit of the city and do not injure Duininck Bros., Inc. v. State, C3 -97 -972 other bidders. The following examples were not found to be material (Minn. CL App. Nov. deviations: Foley Bros., Inc. v. . Failure to submit a required non - collusion affidavit on a specified form Marshall, 266 Minn. 259123 N.W.2d 387 259,12 When a similar non - collusion certificate was submitted instead. (Minn. 1963). other bidders if the corrected bid is no longer the lowest bid. However, if the AG. Op. 707 -A -3 . Submission of a personal check instead of the required certified check as (May 6, 1953). bid security. Nielsen v. City of SL . Failure to describe bidder status properly; failure to have a bid bond Paul, 252 8 Minn. (Minn. 88 N.W.2d 853 n. notarized; neglect in seating a bid; a few minutes delay n submitting the g g � y g 1958). bid. 18 LEAGUE OF MINNESOTA CUM B. Changes and mistakes in bids Grimpold v. Rmnsey Sometimes contractors will discover that their bids contain a mistake after County, 242 Minn 529, bids bids have been opened. Generally, a bidder should not be allowed to 65 N.WZd 647 (Minn. 1954); A.G. Op. 161- substantially alter his or her bid after the bid opening since this would give the A -8 (Jan. 5,1965); bidder a substantial advantage over other bidders. For example, courts have Duininck Bros., Inc. v. State, C3 -97 -972 found that a price term and an ambiguous contract bid price were mistakes (Minn. CL App. Nov. that could not be waived. If the bidder is the low bidder because of the 25, 1997) (unpublished mistake, and the bid has been accepted before the mistake is discovered, the decision); Lovering- ✓ohnson, Inc. v. City of city may not award the contract for the corrected amount. This is unfair to the Prior Lake, 558 other bidders if the corrected bid is no longer the lowest bid. However, if the N.WSd 499 (Minn CL council chooses to reject all bids and advertise again, a bidder may submit a App. 1997). new, corrected bid (not knowing, of course, whether his or her new bid will be ninny v. City of Hastings, 121 Minn. low the second time). 212,141 N.W. 168 (Minn. 1913). In general, a bidder will be relieved of the obligation to enter into a contract because of a unilateral mistake if all of the following apply: • The mistake is so substantial that it is unreasonable to suppose the contractor would have submitted the bid. • The mistake was not the product of the bidder's gross negligence. • The contractor gives prompt notice of the error to the city. 2 A-L.R-4th 991 . The city has not changed its position in reliance on the bid and has (1980). suffered no damage other than the loss resulting from the bid mistake. The contractor must sufficiently identify the error to permit the city to determine that the contractor is entitled to relief. The contractor is given relief when the error is obvious to the city when the bid is read. 18 LEAGUE OF MINNESOTA CUM sc Nicholas Church v. A contract may be rescinded for a unilateral mistake. The mistake may stem Kropp, 135 Minn. 115, from a clerical error, such as transposing numerals, from forgetting to include 160 N.W. 500 (Minn 1916). the amount for performing a segment of the work, or from a math error. For example, a court found that the omission of the structural steel to be used in church constriction was such a mistake. Tunny r. City of The mistake may also stem from an error of judgment concerning the nature Hastings, 121 Minn. of difficulties of the work, the quality of materials required, or other 212,141 N.W. 168 (Minn 1913). judgmental factors. Such a situation occurred where a contractor mistakenly bid based on earth excavation when, in fact, a large part of the excavation was through solid rock. City ofLonsdale v. Lawsuits involving mistakes in bids may arise either in actions by the city No Cos, b against the contractor or bid -bond surety, or both. The city may ask for the Nos. . A07 -D 105, A0077 - A07 0107, A07 -0108 (Minn. amount of the bond, or the difference between the low bid and the second CL App. Jan. 22, 2008) lowest bid. A contractor may also sue for the return of the bid bond. The city (unpublished decision). may relieve a mistaken bidder of the consequences of his mistake. However, even if the corrected bid would still be low, it is doubtful the city may award the contract on the basis of the corrected bid. Minn star § 574.27. When a mistaken bid is superseded or abandoned by the parties, the bidder is entitled to a return of the deposit or cancellation of the security. When a low bidder refuses to sign a contract because of a material mistake in the bid, the city must decide whether to accept the second low bid, or to reject all bids and re- advertise. The city should also consider the time and expense involved in the second bidding, as well as the possibility of higher bids on the second attempt. The delay may result in higher costs and less competition. The delay can also result in less favorable weather during construction. Generally, it is expensive for contractors to submit bids. Some contractors, having once bid a job and disclosed their price, may refuse to bid again. C. Delays in accepting bids In the bid specifications, a council may put bidders on notice that there may be a delay in accepting a bid until certain events occur. For example, in a project that will be paid for with special assessments, a city may wish to delay awarding a bid until the time for appealing the special assessments has passed. Part V. Contract A. Bonds Some bonds are required by state statute, like performance bonds and payment bonds. Others are not required by law, but cities often choose to require them to protect the city from costs that it may incur under certain circumstances. Bid bonds are an example of this type of bond. CompMTnvs BIDDwa REQumEmEm IN CmEs 19 20 1 1. Bid bonds Minn. stet § 574.27. Cities may require bidders to submit a bid bond with their bids. Generally, a bid bond ensures the city does not waste its time with a frivolous bid. It guarantees the bidder will enter into a contract with the bid that was submitted and provide the required bonds and insurance. Minn. Stat. § 429.041, There is no statutory requirement that bidders must submit a bid bond on subd. 1. contracts. However, bidders on projects made under the local - improvement and special - assessment statutes must submit a cash deposit, cashier's check, bid bond or certified check, payable to the clerk for such percentage of the amount of the bid as the council specifies. Some home rule charters may also contain provisions that require bidders to submit bid bonds. Minn. Stat § 57417. If a city requires bidders to submit bid bonds, it is responsible for returning the bid bonds to the bidders whose bids were not accepted. The city must also return the bid bond to the winning bidder after he or she has entered into the contract and provides the acceptable security. 2. Performance and payment bonds Minn Stat § 574.26. No contract for public work is valid until the contractor gives both a performance bond and a payment bond to the city. However, this applies only if the contract is for more than $75,000. The bond amounts must each be in at least the amount of the contract. The performance bond is to guarantee that the contractor will complete the contract according to its terms and conditions and to protect the city from all costs and charges that may accrue on account of completing the work. The payment bond is to ensure that all workers, subcontractors, and persons furnishing materials are paid. Minn. Stat § 57429; If a city fails to get a payment bond from a contractor, it can be held liable for System , Eleculcal R Systems, Inc. r. Redj(er losses to an workers, subcontractors, and persons who furnish materials if the Y P Traffic Systems, Inc. contractor doesn't pay them. The city should make sure all subcontractors and No. A07 -0675 (Minn. material suppliers have been paid by the contractor before making final CL App. Apr. 8, 2008) (unpublished decision). payment to a contractor. Although a payment bond and a performance bond are not required for contracts that are $75,000 or less, cities may want to require these bonds for all contracts. Some home rule charters may contain additional requirements for these types of bonds. Minn. Stat § 57426; If the contract price for public work increases due to change orders, Office of the State Auditor, Statement of unforeseen conditions, cost overruns or any other reason after the contract is Position Contract signed, the governing body has the option of increasing the amount of the Change -Orden and contractor's payment bond or performance bond. Contractor's Bonds. Revised Jan. 2008. LEAGUE of MINNESOTA CITIES B. Miscellaneous considerations when contracting This section gives a brief listing of some of the more important requirements to consider when making contracts. It is not intended as a complete list, and a city should have its attorney review any contract prior to its execution. 1. Workers' compensation Minn. Stat § 176.182. A city may not enter into a contract for any public work until it has received from all other contracting parties proof of compliance with the workers' compensation insurance requirements. This means the contractors must show they are self - insured, cant' workers' compensation insurance for their employees, or are exempt from having to provide such insurance. 2. Income -tax withholding Minn. Stat § 270C.66. Cities may not make final payment to a contractor until the contractor has shown proof of compliance with the state income- tax - withholding requirements. The Department of Revenue requires all contractors and subcontractors to file a Form IC -134 to show compliance with the withholding requirements. This certificate is the contractor's proof of compliance. A city should request a copy of this document from contractors before making the final payment on a contract. 3. Audit clauses Minn Stat § 16C.05, A contract must include an audit clause that provides that the books, records, subd. 5. documents, and accounting procedures and practices of the contractor relating to the contract are subject to examination by the city and the state auditor for a minimum of six years. 4. Data - Practices -Act clauses turn. Stat § 13.05, When a city contracts with a private person to perform governmental subd. 11. functions, the contract must include a data - practices -act clause. This clause must state that all of the data created, collected, received, stored, used, maintained or disseminated in performing the governmental functions are subject to the requirements of the Minnesota Government Data Practices Act, and that the private person must comply with those requirements as if it were a governmental entity. 5. Prompt payment of subcontractors Minn Stat § 471.425, A city contract must require the following of a prime contractor: subd. 4a. • The prime contractor must pay subcontractors for undisputed services within 10 days of the prime contractor's receipt of payment from the city. COmy=IVE BIDDING REQUUtatvlfWM IN CMES 21 22 • The prime contractor must pay interest of 1.5 percent to the subcontractor if the payment is late. • The prime contractor must pay a minimum monthly interest penalty payment of $10 for an unpaid balance of $100 or more. • The underlying injury or damage is attributable to the negligence or other wrongful act of the contractor or its independent contractors, agents, employees or delegates. • The city agrees to indemnify the contractor with respect to strict liability under environmental laws. A city should also have the contractor name the city as an additional insured under the contractor's insurance policy. The city should require the contractor to provide a copy of this endorsement, as well as any appropriate certificates of insurance. 7. Prevailing wages a. Little Davis Bacon (Minnesota) Minn. stet § 177.41 - The wages of laborers, workers, and mechanics on projects financed in whole A. or in part by state funds should be comparable to wages paid for similar work in the community as a whole. There is no clear definition of what constitutes "state funds" for the purpose of this requirement. Certainly the definition would include any specific state grants a city might get for a particular project. It also may include such things as local government aid and other state aids. Some have claimed money that has been kept in the same fund with any of these types of aids would qualify as state funds since it has commingled with such funds. NeivMech Co. v. Indep• However, the Minnesota Supreme Court found that Debt Service Equalization Sch 540 N.W.2d Aid (DSEA) and Homestead and Agricultural Credit Aid MACA) did not 2d 8 01 1 (Minn. n. 1995). trigger the prevailing -wage requirements in a school- construction contract. The reasoning behind this decision was that these aids lacked a direct relationship to the project. LEAom OF MINNESOTA CmEs 6. Language to hold harmless, defend, and indemnify Contact the League of Cities should include language in their contracts stating that the contractor Insurances cities Insurance Trust for agrees ees to hold the city harmless, and also to defend and indemnify the city, its sample language and agents, and employees for all claims arising out of the contract by a third other information. ply. However, there are some statutory limits to the use of such language. Minn. stat § 337.02. For example, indemnification agreements are unenforceable in construction contracts except to the extent that: • The underlying injury or damage is attributable to the negligence or other wrongful act of the contractor or its independent contractors, agents, employees or delegates. • The city agrees to indemnify the contractor with respect to strict liability under environmental laws. A city should also have the contractor name the city as an additional insured under the contractor's insurance policy. The city should require the contractor to provide a copy of this endorsement, as well as any appropriate certificates of insurance. 7. Prevailing wages a. Little Davis Bacon (Minnesota) Minn. stet § 177.41 - The wages of laborers, workers, and mechanics on projects financed in whole A. or in part by state funds should be comparable to wages paid for similar work in the community as a whole. There is no clear definition of what constitutes "state funds" for the purpose of this requirement. Certainly the definition would include any specific state grants a city might get for a particular project. It also may include such things as local government aid and other state aids. Some have claimed money that has been kept in the same fund with any of these types of aids would qualify as state funds since it has commingled with such funds. NeivMech Co. v. Indep• However, the Minnesota Supreme Court found that Debt Service Equalization Sch 540 N.W.2d Aid (DSEA) and Homestead and Agricultural Credit Aid MACA) did not 2d 8 01 1 (Minn. n. 1995). trigger the prevailing -wage requirements in a school- construction contract. The reasoning behind this decision was that these aids lacked a direct relationship to the project. LEAom OF MINNESOTA CmEs If a city has any doubts, it will probably want to be sure at least the prevailing wages are paid. Otherwise, a city may want to be certain only non -state funds, or money that has been kept separate from anything that might be seen as state funds, are used to pay for the project. b. Davis Bacon Act (federal) 40 U.S.C. §§ 3141- There is a similar federal prevailing -wage requirement for all public -work 3148. contracts in which the United States or the District of Columbia is a party. 8. Equal- employment, human - rights, and disability- rights compliance Some federal and state grants may contain requirements that construction contracts include language to ensure contractors do not discriminate with regard to age, race, sex, religion, nationality, and disability. Regardless of whether such language is required, cities must comply with nondiscrimination laws. A city may want to include language in its contract to verify it is contracting with a contractor who is following appropriate nondiscrimination practices. 9. Project Labor Agreements (PLAs) A project labor agreement (PLA) is an agreement between the city's contractor and a union that is sometimes required by cities. The agreement is one where the project's contractor agrees to designate a particular labor organization as the exclusive bargaining representative for all employees working on the project. In addition, the contractor agrees to employ only contractors and subcontractors who agree to abide by the terms of a specific collective bargaining agreement. In return, the union agrees there will be no strikes, picketing, slowdowns or similar disruptions during the project. Queen City Constr., As stated before, some cities have required contractors to enter into PLAs as Inc. x City of 0 Rochester, 604 N.W.2d art of their contracts. The Minnesota Court of Appeals appears to support the P PP PP PP 368 (Minn. Ct app. ability of cities to require PLAs. In a 1999 decision, the Minnesota Court of 1999)• Appeals found that nothing in Minnesota law prevents a public entity from imposing a bid specification that requires successful bidders to sign a PLA. Minn. Chapter of In a challenge of a school district's PLA requirement on a construction Associated Builders and Contractors, Inc. r. project the contractor claimed the PLA had an anti- competitive effect. Minnetonka Indep. Sch. However, the Minnesota Court of Appeals saw it differently. In the court's Dist No. 276, C2 -99- unpublished decision, it found that a PLA would not have an anti- competitive 837 (Minn. App. Dec. 26,1999) 9) effect because Minnesota's prevailing-wage law would require contractors on q (unpublished decision). a project to pay wages essentially equivalent to union wages. Compmm vE BIDDING REQumEmam IN CmEs 23 24 -7 C. Types of contracts This section gives an overview of some of the different types of contracts that have been considered by cities. It is not intended as a complete list. Cities should contact the League for additional information on any of these types of contracts. 1. Design /bid /build contracts See Bailey, The design/bid/build contract procedure is the most traditional type used for Management build' construction. With such a contract, the city contracts with an Facility Design n and � Construction, ICMA architect who designs the building. The architect's drawings are then used as MIS Rep. Vol. 20, No. the specifications to advertise for bids on the construction of the building. The 6 (June 1988). winning bidder is contracted with to build the building. The strength of this type of contract is that it allows the city to plan the entire building before the construction begins. It also allows for some follow -up between the contractor and the architect. The weakness of this type of contract is that disagreements can arise between the city, the architect, and the general contractor because of competing interests. For example, the architect may not be aware of the most current cost of materials and procedures, or the costs could change significantly between the time the building was designed and the time the construction begins. This procedure is slow because the project must be entirely planned out and bid before the construction costs can be fixed. LEAGUE of MmqFsoTA CrmEs 2. Construction manager See Bailey, In this type of contract, the city retains a construction manager who is Management n Facility Design end responsible for overseeing the contractor or advising the city if the city is lm g g Ty � . Construction, ICMA acting as the general contractor. Often, the city will take the responsibility for MIS Rep. Vol. 20, No. purchasing the construction materials. This type of contract once allowed 6 (June 1988). Minnesota cities to save the cost of sales tax on building materials. Since cities are now generally subject to the sales tax, this savings is no longer Minn § 297A71, subd. 233. . available. Under certain circumstances, however, a housing and redevelopment authority may purchase construction materials for use in the construction, improvement, or expansion of qualified low- income housing projects without paying sales tax. The strengths of a construction- manager contract are that the city can avoid contractor mark -ups on the cost of materials, and the city can have additional supervision and feedback on the architectural design and construction. The weaknesses of a construction - manager contract include the possibility of higher administrative costs for the city and possible delays because the responsibility for purchasing materials is not that of the contractor. There also can be more opportunities for disagreements between the city, architect, and contractor. LEAGUE of MmqFsoTA CrmEs -7 3. Design /build W. V. Nelson Constr. In a design/build contract, the city hires a firm whose architect and contractor Co. o of design and construct the building. The use of an architect or designer does not t Linds urom, 565 N.W -2d 434 (Minn. CL App, exempt these contracts from competitive- bidding requirements. The 1997). Minnesota Court of Appeals found that a design/build contract for a municipal ovemms for Municipalities, Illinois liquor store was a contract subject to competitive- bidding requirements. See Jones, The strengths of the design/build contract are that the construction and design Management are established early and the responsibility for the entire project is with Negotiated Contact Negotiated Contract Cuts Risk of one firm. As a result, the architect and the contractor work together on the Construction Cost project. This type of procedure may also be faster because the construction ovemms for Municipalities, Illinois we e aess still being finished. can begin while the fml design i g Mun. Rev. (Apr. 1991). See Bailey, The weaknesses of the design/build contract are that the project may not be Management letel planned in advance, and the city may have less access to and completely com n and Facility Design Construction, ICMA control over the architect. Additionally, there is often little opportunity for MIS Rep. Vol. 20, No. outside checks and balances by other professionals because the responsibility 6 (June 1988). for the project rests with one organization. 4. Lease - purchase agreements Minn Stat § 465.71. Cities may lease real or personal property with an option to buy under a lease- purchase agreement. For the purpose of the bid requirements, the amount of the contract must include the total of all lease payments for the entire term of the lease. The city must have the right to terminate a lease- purchase agreement at the end of any fiscal year during its term, and should be certain that any lease- purchase agreement contains language that gives it this right. 5. Conditional sales contract Minn. Stat § 412.221, Statutory cities may purchase personal property under a conditional sales subs 2. contract. The purchase price must be paid within five years. The seller is limited to the recovery of the property in the case of nonpayment. Minn. Star. § 412-221, The city must publish a resolution stating its intent to enter into a conditional - subd. 2. sales contract for a purchase if the contract price exceeds 0.24177 percent of the market value of the city. The publication must occur at least 10 days before the city makes the contract. If 10 percent of the number of voters who voted in the last regular city election submits a petition asking for an election, the city cannot enter into the contract until the purchase is approved at an election. Minn. Sort § 410.33. Home rule charter cities may also use this statute to enter into a conditional - sales contract if their charters are silent on this matter. COMPETn7VE BIDDIING REQUMEMERTTS IN CMES 25 26 -1 6. Total -cost bidding Traditional bidding on an item of equipment has focused exclusively on the purchase price. This method has the advantage of simplicity and in many cases is adequate to ensure the lowest overall cost. In making some purchases of equipment, however, lowest- purchase -price bidding may ignore other important elements of the cost. To take account of these costs, some cities have used a method known as total -cost bidding. Under this system, the city considers all of the costs of purchasing, owning, operating, and maintaining the equipment it will purchase. Specifications require vendors to bid not only the initial price of the equipment, but also a number of minimum after - purchase costs for a specific period, such as maintenance. The bid is generally backed by a bond to ensure performance by the vendor. Otter Tail Pour Co. v. Total -cost bidding is not specifically authorized by statute in Minnesota. Village Mi of 419, Lake, 234 Minn. 419, 49 Arguments have been made that such bidding violates competitive-bidding g� g P g N.W.2d 197 (Minn. requirements because it restricts competition. The Minnesota Supreme Court 1951); Ouer Tail has never passed upon the validity of such bidding, although it has held that a PmPer Co. it Village of Wheaton, 235 Minn. council has reasonable discretion in determining who is the lowest responsible 123,49 N.W.2d 804 bidder. (Minn. 1951). A.G. Op. 707a -7 (Jan. The attorney general has issued mixed opinions regarding total -cost bidding. 9,1968). It was upheld in a situation where bidders were required to include both a A.G. 67 707a -7 (June provision for guaranteed-minimum-repurchase rice and for a guaranteed- P � P price !� maximum - repair cost. The reason behind this conclusion was that such maximum-repair specifications were reasonably designed to give all contractors an equal opportunity to bid. In addition, the specifications seemed to ensure taxpayers would get the best bargain for the least money. In an earlier opinion, the attorney general had disapproved of a contract that used a form of total cost bidding. 7. Cost -plus contracts A.G. Op. 707 -a -6 Cities may not make cost -plus contracts for construction work of any kind. (Aug. 21,1950). Cost -plus contracts are those in which the governing body agrees to pay the contractor for all costs the contractor incurs on the project plus some additional sum of money. In effect, there is no competition on the cost of labor or materials and no indication of how much work is required or will be done. As a result, there is no basis for comparing the bidders except on the percentage for overhead and profit. The attorney general has advised that a bid on a cost -plus basis does not meet the statutory provisions for competitive bidding. LEAGUE of MnwsoTA CITIES `7 A.G. Op. 707 -B -7 An alternative to the cost -plus system in times of labor and material shortages, (Aug 9,1946); A.G. Op. 707 -B -7 (Nov. 14, an P g possible rising prices, is to use an escalator clause in advertising for bids. 1947); A.G. op. 707- Under such a clause, contract prices go up automatically with inflation B -7 (July 22,1947); according to a fixed formula prescribed in the contract. The attorney general A.G. Op. 707 -B -7 (May 21,1940; A.G. has issued mixed opinions on the use of escalator clauses. Op. 707 -B -7 (July 16, 1946). D. Changes in contracts after award 1. Adding on to contracts A.G. op. 707a -15 (Oct When one construction job is the subject of competitive bidding and a contract 8,1945). is let, another job may not be added to the contract at a later time. This would Minn. 5tat § 429.041, give the contractor an unfair advantage since other prospective contractors subd, 1. would not have had an opportunity to bid on the second job. However, cities may combine two or more improvements in one advertisement and in one contract, if the contract is made under the local- improvement and special - assessment statutes. Also see Part 11— C A change to add new work to a contract may not need to be competitively bid competitive tiv to if the total added cost is $100,000 or less. Because these contracts are below competitire bidding. the competitive - bidding threshold, it is arguable that they would not be required to be competitively bid. However, cities should exercise caution in this area. For local- improvement contracts that are paid for with special assessments, the competitive- bidding process must be used if the estimated cost of the contract exceeds $50,000. Minn. stat § 429.041, A city council may authorize changes in a unit -price contract that is made subd. 7. under the local- improvement and special- assessment statutes. After the work on a unit -price contract has begun, the council may authorize additional units of work at the same unit price, as long as the total contract price does not increase by more than 25 percent. The city may do this without re- advertising for bids. Village ofEweWor v. In applying this provision, a court approved the addition to the contract of one F. 118, 226 political Corp., 303 Mina subdivision of units of work to be done by another political 303 N.W.2d 316 (Mina subdivision, as long as the 25 percent restriction was not exceeded. The court 1975). found the variable in the contract was the total estimated number of units and the constant was the unit price. Therefore, no harm resulted from amending a factor that may change under many different circumstances. The harm to protect against was an unreasonable unit price, and that factor was not a proper subject of the contract modification. Compm nVE BIDDING REQIIDtIIvlE M IN CITIES 27 28 1 S. Different or changed conditions Often a contractor finds that the conditions, such as underlying soil, rock or water, are different from those in the specifications. Sometimes the conditions have changed since the contract was let. These are among the most common causes of disputes between a contractor and a city. McCree & Co. v. State. If the specifications assume conditions different from the actual conditions, 253 Minn. 3 (Minn. and as a result it costs more to perform the contract, the contractor may N.W2d 713 (in P 1958). recover damages sustained as a result of having relied on the specifications. LEAGUE OF MINNESOTA CMES 2. Changes in work Carson v. City of A city may have occasion to make alterations or require extra work because of ,129 Minn. rrors in plans, unforeseen conditions or other reasons. Construction contracts 45315 2 N.W. 842 453,15 , (Minn. 1915). often contain language that authorizes making these types of necessary changes. Such provisions may permit a city to make some minor changes in the work, if the changes are ordered in writing. However, cities should use caution when ordering changes in work since this type of requirement has given rise to a considerable amount of litigation. BucJmum Plumbing Sometimes these provisions include a requirement that estimates must the Inc. v. Regents of the Unlr. of Minn., 298 accompany or recede the order. These provisions are generally valid. A P Y P P g Y Minn 328,215 provision requiring written notice to the city of claims for extra cost is similar N.W.2d 479 (Minn. in effect. 1974). Lundstrom Constr. Co. Such provisions are intended as a check on the contractor, and, being for the 22Dy9 rN 254 Minn. benefit of the city, may be insisted upon or waived as suits the city's (Minn. 1959). convenience. Shmv v. First Baptist When the contract with the principal contractor contains such a notice Church 2, 46 N.W. a, 44 Minn. 22, 46 N. 146 provision, it binds both the principal contractor and an subcontractors. P P P Y (Minn. 1890). Carson v. City of What constitutes "extras" has also been the subject of litigation. For example, Dawson, 129 Minn. 453,152 N.W. 842 a city contract provided that the city had the right to make alterations in (Minn. 1915). extent, dimensions, form of plans or location of the work, and also provided that no claims for extra labor or material were allowed unless ordered in writing by the city. In this situation, the court found these provisions to, be independent. As a result, when changes were made that increased the expense, the contractors could recover the value of the necessary labor and material even though no written order had been given. If the "extras" are needed because of errors in the specifications or unforeseen conditions, the contractor may have a right to recover because of misrepresentation. In this type of situation, a written order would not be necessary. Minn Stat. § 574.26; If the contract price increases due to change orders, unforeseen conditions, Audit of the State Auditor, Statement of cost overruns or other reason after the contract is si a the governing Y � d' g g Position Contract body has the option of increasing the amount of the contractor's payment Change - Orders and bond or performance bond. Contractor's Bonds, Revised Jan. 2008. S. Different or changed conditions Often a contractor finds that the conditions, such as underlying soil, rock or water, are different from those in the specifications. Sometimes the conditions have changed since the contract was let. These are among the most common causes of disputes between a contractor and a city. McCree & Co. v. State. If the specifications assume conditions different from the actual conditions, 253 Minn. 3 (Minn. and as a result it costs more to perform the contract, the contractor may N.W2d 713 (in P 1958). recover damages sustained as a result of having relied on the specifications. LEAGUE OF MINNESOTA CMES Stanton v. Morris If the discrepancy is discovered before performance begins, the court may Consir. Co. Minn. 380199 N.W. W. 1 04 380,1 1 void the contract. A court found that a bidder on a highway contract could (Minn. 1924). recover losses from having relied on inaccurate specifications, even though subd. 14. the specifications included a warning that they could differ from the true conditions. Siees r. Leonard, 20 On the other hand, where a contractor makes an absolute and unqualified Mann. 494 (Minn. 1874); Friederlck v% contract to perform a given undertaking, he or she assumes the risks of Redwood County, 153 performance. As a result, the contractor is liable for any failure to perform the Minn. 450,190 N.w. contract even though the cost may be much more than contemplated. An 801 (Minn. 1922). extreme case occurred where a contractor had twice built part of a building Estates, 3x11 Minn. 468, that fell down because of alleged quicksand. The court said that no difficulty 250 N.W2d 182 short of absolute impossibility would excuse the contractor from doing what (Minn. 1977). he expressly agreed to do. Specifications and contracts that include a provision for making adjustments for unknown difficulties may result in lower bids when there is a possibility of such difficulties. Without such a provision, cities may find the bids will be higher because bidders have to anticipate the possibility of bad site conditions. Fargo Foundty Co. v. 'Thus, a foundry company was permitted to recover the value of the benefits Village of Minn. 273, 181 received b the village under a contract to rebuild and repair a water tower 148 n. 273, 181 Y P N.W. 584 (Minn. and steam - heating system. The contract itself was unenforceable because of 1921). the failure to advertise for bids. Recovery was not permitted for the value of the material and cost of labor. However, the contractor did recover payment for the amount of benefit actually received by the village. This rule for recovery based on benefits received applies only when the contract has been performed or partly performed. Before its performance, the contract may be set aside or found void through a court action. Once a contract is void, the city may not compel its performance. CoMPETrriw BMDiNa REQumEmENTS IN Crrms 29 E. Contracts let in violation of bid requirements Minn. stet § 471.345, An unsuccessful bidder may challenge the validity of a contract in court. If the subd. 14. contract was made without following the competitive- bidding requirements, the contract is void and the unsuccessful bidder may be awarded the costs of preparing the unsuccessful bid. Koischerar v. North When a contract is found to be void, it is no longer a legally enforceable Fork Township, 229 Minn. 234, 39 N.W2 d agreement. However, this does not mean the supplier of the goods or services a gT � PP 107 (Minn. 1949); has no remedy. Minnesota courts have held that cities are liable to the seller or Buffalo ait,nn;nous, contractor for the benefit received by the city. The reasoning behind this Estates, 3x11 Minn. 468, conclusion is that it would be unfair for the city to make use of the supplier's 250 N.W2d 182 goods or services and not pay for what it has received because of its violation (Minn. 1977). of the competitive- bidding law. However, this is generally only the case if the contract was entered into in good faith and was a contract the city had the power to make. Fargo Foundty Co. v. 'Thus, a foundry company was permitted to recover the value of the benefits Village of Minn. 273, 181 received b the village under a contract to rebuild and repair a water tower 148 n. 273, 181 Y P N.W. 584 (Minn. and steam - heating system. The contract itself was unenforceable because of 1921). the failure to advertise for bids. Recovery was not permitted for the value of the material and cost of labor. However, the contractor did recover payment for the amount of benefit actually received by the village. This rule for recovery based on benefits received applies only when the contract has been performed or partly performed. Before its performance, the contract may be set aside or found void through a court action. Once a contract is void, the city may not compel its performance. CoMPETrriw BMDiNa REQumEmENTS IN Crrms 29 30 Elecn•onics Unlimited, When an item to be purchased is capable of exact specifications, the court of Inc. v. t lee, 28 9 Minn. Burnsville, 28 may prevent the award where there is evidence a low bidder met the y 118,182 N.Wld 679 advertised specifications in all material respects. However, because the (Minn. 1971)• council has reasonable discretion, a court will not require the city to award a contract to a particular bidder. Sanborn v. Neal, a Generally, a councilmember who makes a contract on behalf of the city Minn. 126 (Minn. 1860). without advertising for bids would not be personally liable for damages resulting from the illegal contract, if acting in good faith. Of course, if the action is a deliberate evasion of the bid requirement, the councihnember may be criminally liable since the cases that have exempted council- members from civil liability have been limited to instances in which the official acted in good faith. Part VI. City contracts in relation to federal anti-trust legislation The federal anti -trust laws were passed to protect our economic system from the monopolization of businesses and the restraint of trade. These laws have been found to apply to the practices of cities as well as businesses. It is important that cities keep these laws in mind when selling, purchasing or making contracts. The laws do not specify what damages may be awarded in a successful lawsuit against a city. However, a contract could be voided and a successful challenger could be awarded attorney's fees. A. The three most important anti -trust acts The three most important anti-trust laws are the Sherman Act, the Clayton Act, and the Robinson -Patman Act. These three acts work in conjunction with one another. A brief description of each act follows. 1. The Sherman Act is U.S.C. §§ 1 -7. The Sherman Act prohibits monopolies and attempts or conspiracies to monopolize. Agreements between buyers not to buy from a particular seller may be a violation of the Sherman Act. An agreement among competing buyers to prevent competition in their purchasing or to control prices may also violate this act. 2. The Clayton Act 15 U.S.C. §§ 12,13, The Clayton Act generally prohibits price discrimination and certain mergers 14-19,22-27. and acquisitions. It also prohibits the sale or lease of goods conditioned upon a buyer's agreement not to use the goods of a competitor. Such practices could result in substantially less competition or tend to create a monopoly. LEAGUE of MINNESOTA CmES 7 3. The Robinson - Patman Act 15 U.S.C. §§ 13a, 13b, The Robinson -Patman Act was adopted to amend the price - discrimination part and 2hL of the Clayton Act. It prohibits sellers from setting unreasonably low prices for the purpose of driving out competitors. It also prohibits sellers from charging different prices for the same item based upon geographic location for the purpose of driving out competitors. In addition, the law makes it a crime for buyers to knowingly induce or receive an illegal discriminatory price. B. The application of these laws to cities Decisions made by the United States Supreme Court have made it clear that federal anti-trust laws can apply to cities. As a result, it is important for cities to keep these laws in mind when contracting and purchasing. City of Columbia v. The state's immunity from the federal anti -trust laws does not apply directly Omni Out to local governments. However, a city may have immunity if acting under a CL 1344 1344 g Inc., l l l S. . CL (1991). clearly expressed state policy. At a minimum, city officials should add an anti-trust mindset, like their current anti- discrimination mindset, to their mental checklist of considerations before acting and speaking on city purchases and contracts. They should resolve to act openly through formal meetings, and keep a well - documented record through minutes, formal findings, and resolutions setting out exactly what was done and why. The following suggestions should be kept in mind when making a contract to keep purchases and contracts free of anti -trust problems: • Use competitive bids or quotations even when the law does not require it See Part III— A, . Avoid using vendor - famished specifications that might unnecessarily Preparationof bid specifications. competitive limit biddin g• When consultants prepare bids specifications, they generally should not bid on the contract. Minn. Stat §§ 471.87; . Avoid purchasing from a company in which a councilmember or other 471.88. city decision -maker in the purchasing process has an interest. (This is also prohibited under the state's conflict -of- interest laws.) • Avoid informal, unrecorded communications with suppliers. Mina Sort § 471.895. • Do not accept gifts from suppliers. (State law generally prohibits this.) • Be sure that when performance bonds or bid bonds are required they are either legally necessary or are for the purpose of ensuring responsible bidders. Such bond requirements can serve as a restriction on bidders and may not be necessary to make purchases of standard materials. COWEnnVE BIDDING REQUMEMEN'm IN CrrM 31 1 Be wary of giving local vendors preference in public purchasing when it limits competition. This does not mean cities must avoid contracting with a local vendor when all other things are equal. Likewise, if the bidder's location has an impact on the contract's cost (such as for delivery charges or repairs), it may be an important factor to consider when determining who is the lowest responsible bidder. • Emphasize non - restrictive specifications that facilitate competitive bidding. 32 LEAGuE of Mmam CmEs Part VII. Sample advertisement for bids NOTICE TO BIDDERS REPAIR OF WELL NO.4 PROJECT NO. 290 Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave. NE, Fridley Minnesota 55432 (Tel. 612 -572- 3553) on Tuesday, the 16th of January 1996 at 11:00 A.IVL for the furnishing of work and materials for the Repair of Well No. 4. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without conditions to the City of Fridley, MN, in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By the order of the City Council of the City of Fridley, Minnesota SAMPLE FORM FOR ADVERTISING FOR PURCHASES To Whom it May Concern: The Council of the City of _ will receive bids at the office of the City Clerk until AiEgI on (date), ear for the purchase of the following: (merchandise, materials, eguipment. etc.). The specifications are on file in the City Clerk's office. A copy of the specifications will be furnished to any prospective bidder upon a deposit of dollars to guarantee their safe return. Bids must be made on the basis of cash payment for the property. All bids must be accompanied by a cash deposit, bid bond, certified bank letter of credit, or certified check made payable to the city for at least percent of the bid amount. Bids must be directed to the City Clerk and must be securely sealed with a statement on the outside wrapper describing the item for which the bid is being submitted. Bids will be opened and considered by the City Council at time in the council chambers on (day and date), (year). The City Council reserves the right to reject all bids. Published in (name of newspaper or other publication) on (date), (year). Clerk Cohe=vE BmDm REQuuLEmwm IN CmEs 33 Part VIII. Outline of a Request for Proposal (RFP) 1. I. Introduction ■ The city of providing __1 is seeking proposals from qualified firms interested in services to the city. H. II. Scope of services ■ (This section can contain a detailed description of the service that is being sought.) iii. Ili. Instructions to proposers Proposals must be in writing and must be received by jjigd on (date ), NNear). All proposals, questions and correspondence should be directed to: (name ofcitystaffand address ofo ce.) In order to ensure a fair review and selection process, firms submitting proposals are prohibited from contacting any other city staff or council- members regarding these proposals. IV. IV. Statement of content of RFP A. Title page (name, address, phone, contact person, date) S. Table of contents C. Statement of the proposal (work; timetable, availability) D. Consultant's /fun's profile/history/experience (client references) E. Fees and method of payment V. V. 'Proposal evaluations ■ (This section can outline the criteria that the council will use to evaluate the proposals) vi. VI. Agreement terms ■ (This section can outline the negotiation procedures, any ethics policies and other terms that the proposals must meet.) vii. City's timetable ■ (This section can address such things as the day that the proposals will be opened, when interviews will be scheduled, and when the selection will be made.) vial. Other information (This section can cover background information on the city, claims -- record information for insurance, or other information that might be important for firms to know when submitting their proposals) 34 LEAGUE of MmmoTA CmEs r�z o e W At� �y \. rH tea REPORURECOMMEN RATION To: MAYOR AND COUNCIL Agenda Item Item No. III.F. From: Cary Teague Planning Director ® Action ❑ Discussion Information Date: April 6, 2010 Subject: Set Public Hearing — Ord. No. 2010 -_ Amending Section 850 to a add Building Height Overlay District ACTION REQUESTED: Set a public hearing for April 20, 2010 to consider an Ordinance amendment to establish building height overlay districts to regulate building heights in the City's commercial, industrial and high density residential zoning districts. The purpose of the Ordinance is to bring the City's Zoning Ordinance into compliance with the Comprehensive Plan, which establishes maximum building heights within certain areas of the City. INFORMATION /BACKGROUND: Planninq Commission Recommendation: On March 24, 2010, the Planning Commission recommended approval of the attached Ordinance Amendment. ATTACHMENTS: 0 Planning Commission Staff Reports and minutes. 4�9t�1r�j,. ow e PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague March 24, 2010 2009.0004.10b Director of Planning Information & Background Attached is an Ordinance amendment that would bring the City's Zoning Ordinance into compliance with the recently approved Comprehensive Plan. (See pages Al —A6.) The Ordinance would establish a Building Height Overlay District over the City's entire commercial, industrial and high density residential zoning districts, and would establish height regulations as prescribed in the Comprehensive Plan. (See the approved Comprehensive Plan on pages A7 A9.) The map on page A10 highlights the areas where a height change is required by the Comprehensive Plan. Note that all of the changes reduce the existing height maximums. The overlay district is proposed because cities cannot require different height standards within the same zoning district. The Comprehensive Plan requires different heights within the same zoning districts. At the request of the Planning Commission at last months meeting, the maps have been revised to increase the height on the sites designated as HOD -1 to match the height standards of adjacent property. The effect of this change is that it would allow building heights in the PCD-4 district from 2 -4 stories. The heights would be consistent with the Comprehensive Plan. These would be the only areas where allowed heights would be increased from the city's existing height standards. The only uses that are allowed within this zoning district are automobile service centers, car washes and gas stations. Also, the key has been amended so that the number associated with the district matches the number of stories allowed. This change would make it easier to interpret the ordinance and map for staff, developers and residents. Recommendation /Conclusion Staff recommends approval of the attached ordinance subject to any additions or amendments recommended by the Commission. DRAFT — DRAFT ORDINANCE NO. 2010— AN ORDINANCE AMENDING THE ZONING ORDINANCE TO ADD A BUILDING HEIGHT OVERLAY DISTRICT The City Of Edina Ordains: Section 1. Section 650.13, Subd. 5.C. (PRD & PSR, Planned Residence Districts) is hereby amended as follows: Subd. 5. Requirements for Building Coverage, Setbacks, and Height. C. Maximum Building Height. PRD -3 3 stG086 OF 40 feet, wh3nh8VeF is lace See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map. PRD --4, 5 Ale maxim Fn, height is d8tWmined by req iFer1 as: See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map., PSR -3 3 ctGFiec OF An feet' �whinheyeF is lace+ See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map., PSR-4 No maximum• height is determined by Fequirei) setbaslE8 See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map. Section 2. Section 650.14, Subd. 6.13 (MDD, Mixed Development Districts) is hereby amended as follows: Subd. 6. Requirements for Building Coverage, Setbacks, and Height. C. Setbacks. Setbacks shall be measured from the boundary of the tract or from public street right -of- -way. 4- Interior Front Side Side Rear Street Street Yard Yard MDD -3 35' 35' 20' 35' 4- MDD-4 35' 35' 20' 35' MDD -5 35' 35' 20' 35' MDD -6 35' 35' 20' 35' The minimum building setback shall be increased by' /2 foot for each foot. the building height exceeds the minimum required setback, provided, however, the required interior side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land zoned and used for residential purposes. D. Maximum Building Height. MDD -3 3 stGdes 9F feet whinheyer See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map. MDD -4 4 stgries Or 60 feet Whinh8Ver is less See Section ,850.22, Building Height Overlay District and Appendix IA of the City's Official Zoning Map. MDD -5 No maximum• height is determined by required setbacks. See, Section 850.22, Building Height Overlay District and Appendix A_ of the City's Official Zoning Map.,, MDD -6 Ne maximum• height is determined by reg„ired setbaskr,. See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning_Map. Buildings abutting a city park shall not exceed two stories. Building height shall be increased if the height Of the building is equal to the setback from the park: Section 3. Section 850.15, Subd. 5.D (POD, Planned Office Districts) is hereby amended as follows: Subd. 6. Requirements for Building Coverage, Setbacks, and Height. D. Maximum Building Height. POD -1 4 stGdespF 50 feet whinheyer is less See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map. POD -2 o Friaxim„m• height is determiner) by required setbacks: See Section 850.22, Building Height l4�' 2 Overlay District and Appendix A of the City's Oriciai Zoning Map. Section 4. Section 850.16, Subd. 11.0 (PCD, Planned Commercial Districts) is hereby amended as follows: Subd. 11. Requirements for Building Coverage, Setbacks, and Height. C. Maximum Building Height. PCD -1 Twe steFiesv 'See Section 850.22, Building Height Overlay District and Appendix A of the Cityy's Official ;Zoning Map.' PCD -2 . See Section 1850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map., PCD -3 of"sumhol'. 42 of this SubseGtign. ;See Section 850.22, Building Height Overlay District and Appendix A_of the City's Official Zoning Map. PCD -4 AAe -stems See Section 850.22, Building Height Overlay District and Appendix A_of the City's Official Zoning Map. Section 5. Section 850.16, Subd. 12.D (PCD,.Planned Commercial Districts) is hereby amended as follows: Subd. 12: Special Requirements. A. Established Average Front Street Setback for PCD -1 and PCD -2. When more than 25 percent of the frontage on one side of the street between intersections is occupied by buildings having front street setbacks of greater or lesser distances than hereafter required, then the average setback of the existing buildings shall be maintained by all new or relocated buildings on the same side of that street and between the intersections. If a building is to be built or relocated where there is an established average setback, and there are existing buildings on only one side of the building or relocated building, the front street setback of the new or relocated building need be no greater than that of the nearest adjoining principal building. If a building is to be built or relocated where there is an established average setback and there are existing buildings on both sides of the new or relocated building, the front street setback need be no greater than that which would be established by connecting a A3 3 line parallel with the fFent line GGnneGting between the most forward portion of the adjacent principal building on each side. B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard setbacks including parking setbacks and loading facility setbacks apply only when the side or rear lot line is a Planned Commercial District boundary. C. Setbacks for PCD -3. The minimum building setback required by Paragraph B of Subd. 11 of this subsection shall be increased as follows: 1. In the area bounded by France Avenue on the west, York Avenue on the east and West 70th Street on the south, the minimum building setback shall be increased by 1/3 foot for each foot that the building exceeds 50 feet in building height. For purposes hereof, only those portions of buildings which exceeds 50 feet in building height need provide the additional setbacks required by this paragraph. 2. In all other areas, the minimum building setback shall be equal to the building height for buildings taller than 50 feet. Notwithstanding the requirement of this subsection, the City encourages i) ground level retail and service uses that create an active pedestrian and streetscape environment and ii) pedestrian connections by way of skyways and tunnels and, therefore, the City Council will consider exceptions to setback requirements for these purposes. - - - _ Mn Section 6. Section 850.17, Subd. 3.G (PID, Planned Industrial District) is hereby amended as follows: Subd. 3 Requirements for Building Coverage, Setbacks, and Height. A{ - 4 _ Mn Section 6. Section 850.17, Subd. 3.G (PID, Planned Industrial District) is hereby amended as follows: Subd. 3 Requirements for Building Coverage, Setbacks, and Height. A{ - 4 G. Maximum Building Height. FOLIF StOdeS OF 50 foot V ihinheVW 0.6 loco. See Section 850.22, Building Height Overlay District and Appendix A of the City's Official Zoning Map.,: Section 7. Section 850.18, Subd. IC (RIVID,- Regional Medical District) is hereby amended as follows: Subd. 3. Requlrernents for Building Coverage, Setbacks, and Height. C. Maximum Building Height. Ne maxims gym• height detoffmined by 'See Section 850.22, Building Height Overlay, !District and Appendix A of the City's Official Zoning Map.' Section 8: Section 850 is hereby amended to add the follows: 850.22. Building Height Overlay District (HOD) Subd. 1. Purpose. The purpose of this chapter is to establish maximum building height regulations in order to minimize visual impact from tall )buildings built within established neighborhoods in and around commercial �nd industrial neighborhoods: Subd. 2. - Boundaries. The official boundaries for each Height Overlay bistrict are established on Appendix A of the City's Official Zoning Map; Subd. 3. Maximum Building Heights. The following maximum building ,heights are required within each of the following Height Overlay Districts- HOD -_1 Building height shall be determined by required setbacks, but )Shall not exceed 1 story or 20 feet, whichever is less IHOD -2 Building height shall be determined by required setbacks, bud shall not exceed 2 stories or 24 feet, whichever is less. !HOD -3 Building height shall be determined by required setbacks, but shall not exceed 3 stories or 36 feed whichever is less. 1HOD -4 Building height shall be determined by required setbacks, but shall not exceed 4 stories or 48 feet, whichever is less.. HOD -8 Building height shall be determined by required setbacks, but shall not exceed 8 stories or 96 feet, whichever is less: A�_ 5 iHOD -9 Building height shall be determined by required setbacks, but shall not exceed 9 stories or 108 feet, whichever is less: SHOD 10 Building height shall be determined by required setbacks, but shall not exceed 10 stories or 120 feet, whichever is less. 1HOD -12 Building height shall be determined by required setbacks, but shall not exceed 12 stories or 144 feet, whichever is less! 6 ;I ...for living, learning. raising families & doing business Edina Comp Plan Update 2008 — November, 2008 L.9-d IDR L—D.Wb R..tl.N.l DR -0&. RW6,1. t-^ fiA RSpIOiYI R.a<.I u1AP -ILw DVIO AMMO ROHM O.ORw 06P ORn 6P.ce .re PYb YDR- Y.tl�um Daital li�bri.l - C-YYWIWC PSP P40IM in P-C fOR- 1.ptiDMYY R..p.r1111 Mc. CW— ty—Me— - 1. umn.tl ACUa�SpMa/ - r:CrilyilvlYM CUm.sW I.YWM.1 tl ! L J J I I n r ari' : c 12 • NC 4 12 4 E w Z WWI Ir a` Height Limits ; ES 2 Stories: 24' 2 3 Stories: 36' z 4 Stories: 48' 6 Stories: 72' E u Standard Height N( Podium Height 2008 Comprehensive Plan I I IIPR Future Land Use Plan with City aq Eo i Building Heights �y i:�� 2008 Comprehens[ve [plan Update Northeast Quadrant Figure 4.6A Data Source: URS J 5 Miles Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design (November. 2008) t Formatted: Highlight Formatted: Highlight Formatted: Highlight 4 -55 I ...for living. leaming. raising f 2008 Comprehensive Plan amilies & doing business Edina Comp Plan Update 2008 —November, 2008 --- ------ -------- - -- — - - -­ ------------ - ­--------------------- L.V-d MEL 4 2 .DR .r Da.V 1011 -High Dodh Rr Ndlvi 0 8 ?Height 2 CIL 8 Limits 4 E5 2 Stories: 24' 2 to �. HDR 4 i6 0 3 Stories: 3T i 2 acln s. 12 3-5 2 12 3-5 kg Formatted: Highlight Formatted: Highlight Formatted: Highlight 4-56 MEL 4 2 10 3 0 8 ?Height 4 CIL Limits 4 E5 2 Stories: 24' 2 to �. 2 i6 0 3 Stories: 3T i 1. 4 Stories: 49 E. 5 Stories: 69 a stories: 96 T 2 2 L 9 Storl s: 108, 'HDR 10 Stories: 120' 4 12 Stories: 144' i5 IIDIZ Standard Height 2 9 El Podium Height MR W Mh s 1 4 OR F2 q 2 8 —OR 1 OR 2 Q I r I I rl rl i Future Land Use Plan with City of Edina Building Heights Southeast Quadrant 2008 Comprehensive Plan Update Figure 4.68 Data Source: URS 0.5 W.. 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I1'. on 1, i- S ... Aim f - RM 11 Ll Topic: Building Height Date Introduced: February 24, 2010 Date of Discussion: March 10, 2010 Why on the list: The Zoning Ordinance must be brought into compliance with the Comprehensive Plan. History: Building height has been an ongoing issue from the time of the Southdale Area study through the Comprehensive Plan. The Comprehensive Plan prescribes specific building height limitations. Decision Point: What format should the Ordinance revisions take. Options: 1. Establish an overlay district. 2. Write regulations for each area described in the Comprehensive Plan. The City Attorney has advised that the City must have the same standards within each zoning district. Cities cannot require different standards within the same zoning district. Since the Comprehensive Plan prescribes different height maximums on properties that are zoned the same, the City Attorney has recommended establishing height overlay districts across the City for all commercial, industrial, and higher density residential land use. For Discussion: At last month's regular Planning Commission meeting, the Commission asked staff to consider adding in provisions that address the issue of "podium height." When the Planning Commission recommended approval of the Comprehensive Plan, there was language in the Plan that gave direction to address podium height. The idea was to have a "standard height" and a "maximum height." However, as noted in the attached document (page 4 -56), much of that language was removed from the Plan by the City Council. The Plan was amended to simply have a standard height. Podium heights could still be achieved by the requirement that the building height shall be determined by required setbacks, or the setback is equal to the building height. Additionally, podium heights could be further addressed by encouraging buildings to be pulled closer to the street, using language similar to the City's existing ordinance language in the PCD District as follows: "Notwithstanding the requirement of this subsection, the City encourages i) ground level retail and service uses that create an active pedestrian and streetscape environment and ii) pedestrian connections by way of skyways and tunnels and, therefore, the City Council will consider exceptions to setback requirements for these purposes." Similar language could be added to the new height overlay district, including some "podium height" language. We could encourage one -two stories within the required setback and anything above two stories meet the setback and height standard. This would still require a variance or a PUD; however, it would also give the City much more control over "podium height." This provision could be included in the PUD, PCD, MDD, POD and PID Districts. 2 or • w ...for living, learning, raising families & doing business Edina Comp Plan Update 2008 — November. 2008 6. Fagade Articulation. Primary facades should be designed with a well- defined base, middle and top, providing visual interest at ground level. Building entries and access points should be clearly visible from the primary street. Long building facades should be divided into smaller increments using contrasting materials, textures, detailing, setbacks or similar techniques. 2008 Comprehensive Plan 7. Transparency and Natural - Surveillance. Building forms and facades should provide an awareness of the activity within the buildings through frequent doors and windows oriented toward public streets and open space. 8. Variety of Building Forms. Encourage an integrated mix of building types, heights and footprints within blocks, rather than single buildings or building groups. 9. Building Height Transitions. Taller buildings (generally four stories or higher) should step down to provide a height transition to surrounding residential buildings, including buildings across a street or pathway, and to avoid excessive shadowing of sidewalks, parks and public spaces. Formatted: Highlight Formatted: Highlight 10. Building Heights. The question of building height is particularly significant in a largely developed community, where any new building has the potential to block views or cast shadows on established neighborhoods and land uses. The design guidelines above, as well as the recommended building heights. elevf ...... :­-I Formatted: Stdkethrough provide general guidance for buildings that exceed Formatted: Strikethrough, Highlight the typical residential height of 2.5 stories: Forrtsatted: Highlight ^' Formatted: Highlight j Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design (November„ 2008) ; 4 -51 - - - - - ----------------------------- - ---- ----- - - - - -- _ I. • I I for living, learning, raising families & doing business �f I- 2008 Comprehensive Plan dina Comp Plan U date 2008 — November, 2008----------------- __ - -_- - __ ------ 1 Formatted: Highlight ) - P - - - -- P. -. - - Formatted: Highlight Edina already has many tall buildings, but not all of them provide the kind of transition outlined in Principle 9 above. Building height should be considered within the larger urban design context4 R&�Rg GeRSIde'rat GR of all the above- Formatted: Strikethrough j listed well as-tl4e GFAeFia as-}l4 g HIUStpatieRi — -- Formatted: Strikethrough, Highlight ----- Formatted: Highlight -------- ----- --- ----- - - - --- -- __ Formatted: Highlight Formatted: Highlight �I Formatted: Highlight Edina Comp Plan Update 2008 - Chapter 4: Land Use and Community Design (November,_ 2008) 4 -52 �i ...for living, learning, raising families & doing business i 2008 Comprehensive Plan Edina Comp Plan Update 2008 — November, 2008 „ -- Formatted: Highllaht Formatted: Highlight Because of the limited number of locations where tall buildings can be sited, and the need for sensitivity to surrounding uses, the following Height Maps have been established for those parts of the city with potential for higher density development. The maps were developed to specify the following height measurements: Podium Height: The "podium" is that part of the building that abuts the street, or that provides the required transition to residential neighborhoods, parks, and other sensitive uses. r . Formatted: Strikethrough, Highlight Foreosatted: Highlight Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design (November., 2008) 4 -53 I ...for living, learning, raising families & doing business �� 2008 Comprehensive Plan ,Edina Com Plan U date 2008- November,_2-008 ------------ ----------------- - -_ ----------------- __-- -__ - -- iForr¢�atied: Hignrgnt 1 Formatted: Highlight Standard Height: This height measurement extends to the top of the building (building height is measured as specified in the Zoning Ordinance), fof�e t-�re} eGtS that de Ret Slade er meet t#�e d+#er de-te.rmi.ned; howeyeF, a 20 peFGeRt figUFe has sine r'aR aFReRfJMRRt to the ZGRinn OFdinaRG8 Formatted: Strikethrough, Highlight Formatted: Highlight ----------------------------------------------------- in he ZE)RiRg bu4dln eight may be peFm pfG�v4de certa +t# The GID v Refits" reuld be r iStont with these defined fn dee "It ' r F/y Vf� !I [c iirr ! `Podium height" building examples t try 1. yi �l Formatted: Strikethrough, Highlight 4.69 and matted: Strikethrough, Highlight Formatted: Strikethrough #ie- peten#al--u -------- --- ------- -- -- -- Formatted: Highlight Edina Comp Plan Update 2006 Chapter 4: Land Use and Community Design (November„ 2008) ------------------------------------------------ 4 -54 1 sy9i /�rr�,, PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague February 24, 2010 2009.0004.10b Director of Planning Information & Background Attached is an Ordinance amendment that would bring the City's Zoning Ordinance into compliance with the recently approved Comprehensive Plan. (See pages Al —A4.) The Ordinance establishes height regulations as prescribed in the Comprehensive Plan. (See the approved Comprehensive Plan on pages A5 —A7.) The Ordinance would establish a Building Height Overlay District across all of the City's commercial, industrial and high density residential zoning districts. (See attached maps.) Recommendation /Conclusion Staff recommends approval of the attached ordinance subject to any additions or amendments recommended by-the Commission. 4 Min s of the Planning Commission Meeting Februa 49 2010 Page 3 of • eplace "Established Average Setback" with "t= stablished t Street Setback ". • Repl a "When lots represent! ng -More than 25 percent of the fro ' with "When more than 25% of the lots: • Strike Without a principal building Commissioner Grabiel seconded the motion. All voted aye; motion carried. Chair Fischer said the front yard setback requirements would be added to the "bucket list" as continuing discussion during the update review process. l. NEW BUSINESS: Ordinance Amendment: Building Height Planner Presentation Planner Teague presented an Ordinance amendment that would bring the City's Zoning Ordinance into compliance with the recently approved Comprehensive Plan. The Ordinance establishes height regulations as prescribed in the Comprehensive Plan. Planner Teague explained that the Ordinance would establish a Building Height Overlay District across the City's entire commercial, industrial and high density residential zoning districts. Planner Teague said this Overlay District would be similar to the overlay district in the Country Club and Flood Zone districts. Planner Teague concluded that staff recommends approval of the Ordinance subject to any additions or amendments recommended by the Commission. Discussion Commissioner Schroeder commented that as he viewed the proposed overlay district map he was struck by two issues in particular; the first 54th France and Valley View/Wooddale. Commissioner Schroeder said in both these areas there are parcels with a building height limitation of 1 -story (HOD -1) surrounded by parcels that are allowed to build up to 4- stories. Commissioner Schroeder said he doesn't see any logic in that. Planner Teague responded and explained the reason is that the parcel(s) limited to 1 -story are presently zoned PCD -4, which is the zoning designation for gas stations, etc. Planner Teague said a rezoning and an amendment to the overlay district map would need to be done to allow building height in excess of 1 -story on those parcels. f Minutes of the Planning Commission Meeting February 24, 2010 Page 4 of 7 Commissioner Schroeder said the second issue was the incremental 12- feet =1 story, and asked Planner Teague how he came up with the 12 feet. Continuing, Commissioner Schroeder pointed out in certain areas (50th & France) the first floor /story of a building, be it commercial or another use, would need to be taller, possibility as high as 16 feet in order to achieve the right balance at street level. Commissioner Schroeder said in his opinion a 4 -story building with a first floor of 12 -feet would appear squatty. Commissioner Schroeder said this approach could limit design options. Planner Teague responded the 12 -feet was taken from the Comprehensive Plan. Planner Teague added it is difficult since the Comp plan prescribes different height maximums on parcels zoned the same. Commissioner Schroeder acknowledged that number came from the Comp Plan and the goal of the plan was to limit building height; however, he reiterated he doesn't believe the intent of the Comprehensive Plan was to limit design. Commissioner Forrest said in her opinion the Building Height Overlay District map would be able to add flexibility separate from what a property is zoned. Chair Fischer asked Planner Teague how he "arrived" at the Height Overlay District Map. Planner Teague explained that the City needs uniform regulations within the same zoning district, adding his first attempt was to write a description for each area. Planner Teague reported in discussion with the City Attorney it was felt that the best way to achieve uniformity between the Ordinance and the Comp Plan was through an overlay district. Chair Fischer asked Planner Teague if the Height Overlay District map needs to match the underlying zoning. Planner Teague responded in the affirmative. Commissioner Schroeder questioned how podium height would be achieved. Planner Teague responded podium heights would be achieved through the requirement that the building height shall be determined by required setbacks, or a setback equal to building height. Commissioner Forrest said that she finds the Building Height Overlay District map to be a useful tool. Commissioner Risser said as she looked at the overlay map, in the area of Valley ViewMooddale where 4- stories are allowed there is no mention or acknowledgement anywhere that there is a lake system in that area called the Nancy Lakes. Planner Teague clarified that the overlay map is only intended to reflect building height. Commissioner Risser commented she was just concerned because other bodies of water were called out on the map but not this system. Planner Teague acknowledged that area of water wasn't on the map. Chair Fischer suggested that staff should check if that system was included on the underlying map. AV ' * Minutes of the Planning Commission Meeting February 24, 2010 Page 5 of 7 The discussion continued focusing on the intent of the Comprehensive Plan versus the zoning classification of particular parcels. The Commission felt that the real goal was to develop and maintain character districts, acknowledging that may be hard to achieve if building height is tied strictly to the underlying zoning. Chair Fischer said he doesn't believe anything formal needs to be done on this topic, pointing out it's the "first showing" of the Building Height Overlay District map. Planner Teague said for the next meeting he would bring back to the Commission provisions that address the issue of podium height. Chair Fischer asked if anyone would like to speak to this topic. Public Comment John Bohan, 800 Coventry, addressed the Commission and stated he applauds the Planner for finding a creative way to address building height. Mr. Bohan said it may not be perfect; but it's a great start. Continuing, Mr. Bohan said he reviewed the proposed revised Ordinance language and didn't find a mention of podium height or a definition in the revision. Mr. Bohan said when the Comprehensive Plan was approved in 2008 it was after a long and deliberate discussion and during that discussion period neighborhood /character districts were mentioned in relationship to building height. Mr. Bohan said when viewing the materials it appeared to him that the height determined for Centennial Lakes is four stories, pointing out that the Coventry townhomes are just two stories. Concluding, Mr. Bohan questioned the four story designation. -i COMMUNITY COMMENT: John Boh an*,O�Coventry Way, asked what the meaning of slated -is -under Community Commit. Planner Teague clarified that the community comment period provides an oppo tunity for residents to ask questions or give their input on an issue that is not currently under review by the - Council /and /or Boards and Commissions or if an application'-his-been made Planner Teague said he believes the goal is to allow residents one of the public meetings and hearings) a time to be heard. � V. OTHER BUSINESS: Topic: Planned Unit Development (PUD) — Intent, Goals or Purpose Datee-Introduced: January 13, 2010 Date of Discussion: February 24, 2010 li' r 1 Jill 1i - r� REPORT /RECOM M EN DATIO N To: MAYOR AND COUNCIL Agenda Item Item No. 111. G. From: Wayne D. Houle, P City Engineer ® Action � Discussion El Information Date: April 6, 2010 Subject: West 69th Street Pavement Condition Update ACTION REQUESTED: Approve the northerly portion of West 69th Street from France Avenue to York Avenue to be moved up within the Capital Improvement Program from 2011 to summer of 2010. IN FORMATION /BACKGROUND: West 69th Street is a divided four lane roadway and is designated as a Municipal State Aid route. The pavement in the northerly lanes of West 69th Street from France Avenue to York Avenue is literally disintegrating, see attached photos and roadway sketch. This roadway was paved in early 1990's. Staff had identified this roadway in the 2010 -2014 Capital Improvement Plan as a mill and overlay for 2011. Staff is proposing to move this portion of the roadway to this summer (2010), due to the current condition of the pavement and that the northerly lanes are utilize for walking and running events in the greater Southdale area. Staff is estimating this portion of the roadway to cost approximately $95,000. The CIP budgeted $550,000 which included modifications to some access points and irrigation to the vegetated median. Staff is still proposing to keep the southerly lanes on the CIP for 2011. ATTACHMENTS: • Photos of West 69th Street from France Avenue to York Avenue & Sketch of construction limits for 2010. gAengineering \contract numbers\2010 \eng 10 -7 2010 m &o 69th st (france to york)\admin\misc\20100406 west 69th street pavement condition update.docx Photos of West 691h Street from France Avenue to York Avenue — northerly lanes (west bound lanes). Construction Limits: s� f o� /le REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. III. H. From: Wayne D. Houle, P , S ® Action City Engineer ❑ Discussion Information Date: April 6, 2010 Subject: Resolution 2010 -33 Approving Joint Powers Agreement with City of Minnetonka for Bren Road — Londonderry Drive and TH169 Interchange Project ACTION REQUESTED: Approve attached Resolution 2010 -33 Approving Joint Powers Agreement with City of Minnetonka for Bren Road — Londonderry Drive and TH169 Interchange Project. INFORMATION /BACKGROUND: The City of Minnetonka is proposing to remove and replace the bridge over TH169 at Londonderry Drive and Bren Road, which is the City border with Minnetonka. Staff has been working on this project with the City of Minnetonka for the last six months. The project will also include additional lanes across the bridge for better access from the Opus Development. Staff had been adamant that no additional lanes be added to the Edina side in order to advert through traffic through the Parkwood Knolls Development. This project was presented to the Edina Transportation Commission on January 21, 2010; see attached minutes. The bridge construction is anticipated to start May of 2011. The bridge will not be accessable for the summer of 2011. However, access to northbound TH169 from the Edina side will remain accessible throughout the project. The agreement states that there will be no cost to the City of Edina for this project. ATTACHMENTS: • Joint Powers Agreement • Minutes of Edina Transportation Commission of January 21, 2010 g:\ engineering \infrastructure\streets\mndot \169 and londonderry road \joint powers agreement\20100406 joint powers agreement with city of minnetonka.docx RESOLUTION NO. 2010-33 APPROVING JOINT POWERS AGREEMENT WITH CITY OF MINNETONKA FOR BREN ROAD — LONDONDERRY DRIVE AND TH 169 INTERCHANGE PROJECT WHEREAS, The City of Minnetonka in conjunction with the Minnesota Department of Transportation (MNDOT) are planning to reconstruct the Bren Road — Londonderry Drive and TH 169 Interchange starting in 2011; and WHEREAS, the proposed project limits abut and enter within the City of Edina; and WHEREAS, The City of Minnetonka has requested the City of Edina enter into a Joint Powers Agreement to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and NOW, THEREFORE, BE IT RESOLVED, the City Council approve the Joint Powers Agreement with the City of Minnetonka for the Bren Road — Londonderry Drive and TH 169 Interchange Project. ADOPTED this 6" day of April, 2010. Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of April 6, 2010, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 City Clerk G:\Engineering\ Infrastructure \Streets\MNDOT\169 and Londonderry Road\Joint Powers Agreement\20100406_RESOLUTION NO 2010 - 33.doc P Agenda Item III.H. (Revised 4/6/10) JOINT POWERS AGREEMENT BETWEEN THE CITY EDINA AND THE CITY OF MINNETONKA FOR THE BREN /169 INTERCHANGE PROJECT THIS AGREEMENT is entered into between the CITY OF EDINA, a Minnesota municipal corporation (hereinafter referred to as "Edina ") and the CITY OF MINNETONKA, a Minnesota municipal corporation (hereinafter referred to as "Minnetonka "), with the parties collectively hereinafter referred to as the "Cities ". WHEREAS, the Cities desire to implement the design and re- construction of the state highway 169 and Bren Road/Londonderry Road interchange Project in the Cities (the "Project'); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, the diagram attached as Exhibit A shows the general plan for the Project. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Minnetonka will prepare plans and specifications for the Project consistent with Minnetonka and Minnesota Department of Transportation (MNDOT) design standards. Minnetonka must obtain approval from the Edina public works director for the portion of the plans and specifications affecting property within Edina. The plans and specifications must provide access from Edina to northbound state highway 169 throughout the construction, except for limited closures during non -peak times. 2. RIGHT -OF -WAY ACQUISITION. Minnetonka will be responsible for all right -of -way acquisition for the Project in both Cities. Pursuant to Minn. Stat. §465.01, Minnetonka will acquire the necessary right -of -way in Edina for the Project. Upon completion of the Project, Minnetonka will convey to Edina all right -of -way acquired in Edina that is outside the permanent right -of -way acquired for state highway 169. 3. BIDDING. Minnetonka will advertise for bids for the construction of the 1 Project in accordance with Minnesota law and will provide Edina with an analysis of the bids received. 4. CONTRACT AWARD. Minnetonka will prepare the contract documents and enter into a contract with the approved bidder. The contract must require that the major portion of the Project be started and completed in 2011, with only finishing work to be completed in 2012. 5. COOPERATIVE AGREEMENT. Both Cities will be required to execute a cooperative agreement with MNDOT. 6. COST ALLOCATION. Edina will not be responsible for any cost of the Project. 7. OWNERSHIP. Each party will own the portion of the Project located within its corporate boundaries, except that portion located within the permanent right -of- way for state highway 169. Each party will be responsible for future maintenance and re- construction of all improvements within the right -of -way that each owns. 8. PROJECT ADMINISTRATION. Minnetonka will be responsible for all administration of the Project, in consultation as needed with Edina staff. Minnetonka staff assigned as administrators for the Project are city engineer Lee Gustafson and community development director Julie Wischnack. Edina staff assigned as contacts for the Project are public works director Wayne Houle and city planner Cary Teague. Minnetonka staff will consult with Edina staff in scheduling the construction and will be responsible for notifying Edina of Project sequencing. Minnetonka staff will minimize disruption to affected Edina property owners to the extent practicable and in accordance with state law. 9. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Edina agrees that Minnetonka may make changes in the plans and specifications or in the character of the construction which are reasonably necessary to cause the construction to be performed and completed in a satisfactory manner. Edina also agrees that Minnetonka may enter into any change orders or supplemental agreements for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, as long as these are within the original scope of the Project. 10. RULES AND REGULATIONS. Minnetonka must abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures and all applicable state laws. 11. INDEMNIFICATION. Minnetonka agrees to defend, indemnify, and hold harmless Edina against any and all claims, liability, loss, damage, or expense arising 2 f, under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Minnetonka and/or those of Minnetonka employees or agents. Under no circumstances, however, will Minnetonka be required to pay on behalf of itself and Edina 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 both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on Minnetonka a limited duty to defend and indemnify Edina subject to the limits of liability under Minnesota Statutes Chapter 466. 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 both parties from a single occurrence to be defended by a single attorney. 12. WAIVER. Any and all persons engaged in the work to be performed by Minnetonka will not be considered employees of Edina for any purpose, including Worker's Compensation, or any other claim that might arise out of said employment context on behalf of said employees while so engaged. All claims made by any third party as a consequence of any act or omission on the part of Minnetonka employees while engaged on any of the work under this Agreement will not be the obligation or responsibility of Edina. The opposite situation also applies: Minnetonka will not be responsible under the Worker's Compensation Act for any employees of Edina. 13. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Minnetonka and Edina relevant to the Agreement are subject to examination by Minnetonka, Edina, and either the Legislative Auditor or the State Auditor as appropriate. Minnetonka and Edina agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 14. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement supersedes all prior negotiations, representations, or agreements between Minnetonka and Edina regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. 3 CITY OF EDINA IM James Hovland, Mayor Gordon Hughes, City Manager CITY OF MINNETONKA 4 I: AND Terry Schneider, Mayor John Gunyou, City Manager IV JOINT POWERS AGREEMENT BETWEEN THE CITY EDINA AND THE CITY OF MINNETONKA FOR THE BREN /169 INTERCHANGE PROJECT THIS AGREEMENT is entered into between the CITY OF EDINA, a Minnesota municipal corporation (hereinafter referred to as "Edina ") and the CITY OF NIINNETONKA, a Minnesota municipal corporation (hereinafter referred to as "Minnetonka "), with the parties collectively hereinafter referred to as the "Cities ". WHEREAS, the Cities desire to implement the design and re- construction of the state highway 169 and Bren Road/Londondeny Road interchange Project in the Cities (the "Project "); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, the diagram attached as Exhibit A shows the general plan for the Project. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Minnetonka will prepare plans and specifications for the Project consistent with Minnetonka and Minnesota Department of Transportation (MNDOT) design standards. Minnetonka must obtain approval from the Edina public works director for the portion of the plans and specifications affecting property within Edina. The plans and specifications must provide access from Edina to northbound state highway 169 throughout the construction, except for limited closures during non -peak times. 2. RIGHT -OF -WAY ACQUISITION. Minnetonka will be responsible for all right -of -way acquisition for the Project in both Cities. Pursuant to Minn. Stat. §465.01, Minnetonka will acquire the necessary right -of -way in Edina for the Project. Upon completion of the Project, Minnetonka will convey to Edina all right -of -way acquired in Edina that is outside the permanent right -of -way acquired for state highway 169. 3. BIDDING. Minnetonka will advertise for bids for the construction of the Ei t Project in accordance with Minnesota law and will provide Edina with an analysis of the bids received. 4. CONTRACT AWARD. Minnetonka will prepare the contract documents and enter into a contract with the approved bidder. The contract must require that the major portion of the Project be started and completed in 2011, with only finishing work to be completed in 2012. 5. COOPERATIVE AGREEMENT. Both Cities will be required to execute a cooperative agreement with MNDOT. 6. COST ALLOCATION. Edina will not be responsible for any cost of the Project. 7. OWNERSHIP. Each party will own the portion of the Project located within its corporate boundaries, except that portion located within the permanent right -of- way for state highway 169. Each party will be responsible for maintenance and re- construction of all improvements within the right -of -way that each owns. 8. PROJECT ADMINISTRATION. Minnetonka will be responsible for all administration of the Project, in consultation as needed with Edina staff. Minnetonka staff assigned as administrators for the Project are city engineer Lee Gustafson and community development director Julie Wischnack. Edina staff assigned as contacts for the Project are public works director Wayne Houle and city planner Cary Teague. Minnetonka staff will consult with Edina staff in scheduling the construction and will be responsible for notifying Edina of Project sequencing. Minnetonka staff will minimize disruption to affected Edina property owners to the extent practicable and in accordance with state law. 9. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Edina agrees that Minnetonka may make changes in the plans and specifications or in the character of the construction which are reasonably necessary to cause the construction to be performed and completed in a satisfactory manner. Edina also agrees that Minnetonka may enter into any change orders or supplemental agreements for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, as long as these are within the original scope of the Project. 10. RULES AND REGULATIONS. Minnetonka must abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures and all applicable state laws. 11. INDEMNIFICATION. Minnetonka agrees to defend, indemnify, and hold harmless Edina against any and all claims, liability, loss, damage, or expense arising 2 under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Minnetonka and/or those of Minnetonka employees or agents. Under no circumstances, however, will Minnetonka be required to pay on behalf of itself and Edina 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 both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on Minnetonka a limited duty to defend and indemnify Edina subject to the limits of liability under Minnesota Statutes Chapter 466. 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 both parties from a single occurrence to be defended by a single attorney. 12. WAIVER. Any and all persons engaged in the work to be performed by Minnetonka will not be considered employees of Edina for any purpose, including Worker's Compensation, or any other claim that might arise out of said employment context on behalf of said employees while so engaged. All claims made by any third party as a consequence of any act or omission on the part of Minnetonka employees while engaged on any of the work under this Agreement will not be the obligation or responsibility of Edina. The opposite situation also applies: Minnetonka will not be responsible under the Worker's Compensation Act for any employees of Edina. 13. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Minnetonka and Edina relevant to the Agreement are subject to examination by Minnetonka, Edina, and either the Legislative Auditor or the State Auditor as appropriate. Minnetonka and Edina agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 14. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement supersedes all prior negotiations, representations, or agreements between Minnetonka and Edina regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. 3 CITY OF EDINA : AND James Hovland, Mayor Gordon Hughes, City Manager CITY OF MINNETONKA I: Terry Schneider, Mayor John Gunyou, City Manager MINUTES OF THE Edina Transportation Commission Thursday, January 21, 2010 Edina City Hall 4801 West 50th Street Council Chambers MEMBERS PRESENT: Geof Workinger, Jennifer Janovy, Tom Bonneville, Jean White, Michael Schroeder, Julie Sierks MEMBERS ABSENT: Warren Plante, Usha Abramovitz STAFF PRESENT: Jack Sullivan, Sharon Allison I. Call to Order The meeting was called to order by chair Workinger. II. Comments a. Chairman Comments Chair Workinger noted that there were students in attendance. The students said they were observing for a class project. b. Community Comments None. III. Approval of Minutes a. Regular Meeting of October 15, 2009 and December 17, 2009 The minutes of December 17, 2009, was modified as follows: page 2, item VI, 2 "d paragraph, Td sentence, strike Planning Commission; page 3, item VIII, strike January and replace with December. Commissioner Bonneville motioned to approve December's modified minutes and October's minutes as submitted. The motion was seconded by Commissioner Janovy. All voted aye. Motion carried. IV. New Business a. TH 169 & Bren Road Interchange Presentation City Engineer Lee Gustafson, City of Minnetonka, explained that the City of Minnetonka has developed plans to upgrade the TH 169 and Bren Road interchange. He said the interchange is at capacity as determined by traffic study due to redevelopments and new developments in the Opus area, and new developments cannot proceed until the interchange is upgraded. He said the plan includes a new, wider bridge with more lanes to prevent back ups, plus a sidewalk for pedestrian mobility. He said the impact to Edina during and after construction will be minimal. Construction is expected to begin April 2011. He said Edina's residents can stay informed via Edina's website which will have a link to Minnetonka's website. b. The Colony of Edina — 6200 Colonial Way Assistant city engineer Sullivan said discussion began in 2009 on this 150 apartment (194 beds) development for the site located west of Tracy Avenue and north of the Crosstown (behind the new fire station). The site is currently being used as a parking lot by Colonial Church. He said the developers were asked to study the intersections at Tracy Avenue & Olinger Blvd; Tracy Avenue & Colonial Way; and the area from the Crosstown entry/exit ramps up to Tracy Avenue & Colonial Way. Mr. Sullivan said after review, it was determined that these locations would continue to operate at level of service A & B. Additionally, Mr. Sullivan said the developers were asked to respond to six issues, all of which have been addressed satisfactorily. One of the issues included the stretch of road from Crosstown to Tracy Avenue. The concern was with cars stacking while waiting to make a left turn to go onto Colonial Way. It was determined that there would be enough gaps between vehicles to prevent stacking. However, should this become an issue in the future, Mr. Sullivan said Tracy Avenue is wide enough to accommodate a left turn lane. Mr. Jay Jensen with The Waters Senior Living, Minnetonka, MN, spoke on behalf of the development team. He explained that a similar development was done in Eden Prairie with underground parking of 70 stalls, most of which are empty. With an average age of 86, Mr. Jensen said majority of the residents are no longer driving. He said the Edina site will have 100 underground parking stalls for residents and employees with 80 surface parking spots. He said traffic generation will be minimal and will be mostly from visitors in off -peak hours. He said the facility will have a van to take residents on day trips, and a couple cars to drive them to appointments. In regards to the church losing a parking lot, Mr. Jensen said a parking study was conducted and the church will continue to have sufficient parking for Sunday services, plus a cross easement will be established so that they can use the 80 surface parking spots. Additionally, Mr. Jensen said they will offer incentive for the 75 employees to use public transit (the area is served by two buses with a park and ride conveniently located across the street). After discussion, Commissioner Bonneville motioned to accept staffs recommendation as follow and the motion was seconded by Commissioner White. "7f so desired by the Transportation Commission, adopt a motion recommending that the Transpo#UdGn Study traffic for 6200 Colonial Way does not adversely affect the adjacent transportation system." At Commissioner Janovy's recommendation "Transportation Study" was struck and replaced with "traffic. " All voted aye. Motion passed. c. Transportation Commission Role in Development Review Commissioner Schroeder explained that the discussion of the ETC's role in the development review process came about as a result of the Zoning Ordinance Update Committee's review of ordinances and other issues. He said the newly formed committee, made up of Planning Commission members, was organized in this way to give them more latitude to a) assess what's working and not working; b) evaluate potential revisions; and c) confirm through regulatory process with City Council. 2 Commissioner Schroeder said through feedback from residents, they've learned that the public is interested and wants clarity regarding how the review process works. He said the same feedback was shared by planning commissioners from other cities when their input was sought. He said there are four things being looked at: 1. Bringing the ordinances in alignment with the Comp Plan; 2. Difficulty in navigating ordinances; 3. Development review process; 4. Content change, i.e. planned unit development (PUD), etc. Additionally, Commissioner Schroeder said there are four commissions that give input in the development review process; they are: Heritage Preservation, ETC, Energy, and Planning Commission, and of these four, only the Heritage Preservation and Planning Commission have statutory authority. He said clarification is needed regarding the role and responsibility of each commission and how the public interacts with each. He said there needs to be a public input process that is recognized and is consistent throughout the entire review process. He said this is on the agenda for discussion because initially, the committee recommended eliminating the ETC from the review process (relative to traffic studies) because, upon reviewing the ETC's ordinance, it was determined that this was not one their responsibilities. However, based on discussions at one of the committee's meeting that Commissioners Workinger and Bonneville attended, the recommendation was tabled until a later date. Chair Workinger then explained that the purpose of the discussion was to review the value the ETC brings to the development review process. The following summarizes the discussion that took place: o Determined that City engineer staff or traffic consultant do not attend the Planning Commission meetings when development proposals are being discussed. o Commissioner Bonneville suggested that the ETC could become involve when: a) there is a PUD; b) the project generates more than 1000 ADT; c) the project generates more than 100 cars during the am /pm peak hours; d) the roadway is currently congested (level of service E or worst), or is at 80% capacity; and e) when requested by the Council or Planning Commission. He also suggested five improvements to the review process starting with: 1) preliminary staff and developer meeting; 2) system of design (who/what/when /and how process will flow); 3) system design of interactions of people involved (developer /staff /commissions, etc.); 4) system design of decision - making process; and 5) post decision action by City /developer. o Not known if the number of traffic studies that the ETC review would be reduced based on Commissioner Bonneville's suggestion. • 90 -day review process could be jeopardized when decisions are delayed (process begins with the ETC, followed by the Planning Commission and then the Council). • In the case of Little Schezuan Restaurant, the ETC could not separate onsite circulation from on street parking, but were not allowed to address onsite parking. • Planning Commission is not compelled to act on the ETC's recommendation because the ETC is not in an advisory role. 3 • Suggestion that the Planning Commission ignore the ETC since operating at the same level; and that the Planning Commission does their review concurrently; the ETC is responsible for the Transportation Chapter and public roadways, while the Planning Commission is responsible for the site; Planning Commission looks at transportation issues from a different point of view and will not have as much interest in the Transportation Chapter. • Suggestion that the ETC becomes advisory to the Planning Commission. • Each commission brings different insight and this should not be lost because residents lack clarification. o Developers are not required to attend the ETC meeting, but they are encouraged to attend and present their proposal and answer questions; they are aware that the ETC is advisory to the Council. Commissioner Schroeder said the committee does not have a set decision - making timeframe and suggested that the ETC assign two members to gather input from the public. At the conclusion of the discussion, vice -chair Janovy suggested that commissioners email assistant city engineer Sullivan their points -of -view on the discussion. Chair Workinger asked that responses be sent by the following week Thursday. d. Small Area Planning Process Presentation Commissioner Schroeder explained that less than 10% of commercial space identified in the Comp Plan would go through this process. He said the Small Area Planning process was presented to the Council and they would like it applied to the old public works site. The process is designed to work as follows: • Engage residents and stakeholders to develop a plan that would be led by community volunteers in a short, but intensive initial planning period (one month); • The group would be made up of a Design Team (resident experts); a Technical Advisory Group (city staff and other agencies); a Community Advisory Team (representation from the each commission, school board, etc.); and the Public who are encouraged to attend all scheduled meetings. • Meetings dates and times will already be established before the groups are formed. • Results expected is to develop a plan that would guide further planning and development. Some community members will be selected by the Planning Commission and others will be selected by residents and other stakeholders in attendance. Commissioner White volunteered to represent the ETC on the Community Advisory Team. V. Planning Commission Update (Commissioner Schroeder) See Commissioner Schroeder's presentations above (Items IV c & d). VI. Bike Edina Task Force Update (Commissioner Janovy) Commissioner Janovy reported that a member of the task force passed away. See minutes of January 14, 2010, for detailed update of the BETF activities. 4 VII. Staff Liaison Comments a. Southwest Transitway Route 3A Assistant city engineer Sullivan reported that Edina). Route 3A was selected (this route bypasses b. NTMP Deadline Assistant city engineer Sullivan reported that February 9, is the deadline for applications to be submitted to the Engineering Department. Applications are online or also available in the Engineering Department. Other Comments: Commissioner Bonneville asked assistant city engineer Sullivan to give a brief update on the W. 70th Street project at future meetings. Regarding the Complete Streets Resolution that was passed recently by Council, Commissioner Janovy asked what is the next step in the process. Assistant city engineer Sullivan said on February 4, the legislators will reconvene to develop a statewide framework. He said there are no plans to do anything locally, except to continue with those things in the Comp Plan and Transportation Chapter that are similar. Chair Workinger said he would like to see the City develop a checklist of the major elements of Complete Streets that are implemented in local plans. Chair Workinger asked that the minutes going out to others for their meeting, even in draft form, be sent to all ETC commissioners. Chair Workinger said vice -chair Janovy will be chairing the next two meetings in his absence. VIII. Adjournment. A rn�ar,w.in�n•awnr; hetonitta Bren Road at TH 169 4 — Legend 0 Roadway ! 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PIANMMG r CONSTRUCTION - * { 7 I ♦ L — �j -�_ _ _. —_ _:_f _ •�� �•� ' A66 9703 Date Perk Drive Project No. 06060.09b R55CKREG LOG20000 2,545.10 CITY OF EDINA 332625 311812010 Council Check Register 187.03 3/18/2010 — 3118/2010 1553.6530 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 332619 311812010 125324 3M 984.38 98.00 5913017 SAFETY GLASSES 00001880 232021 3 101 /10STMT 5913.6610 SAFETY EQUIPMENT 101.38 VEHICLE MAINTENANCE 232026 186.00 5913017 SAFETY GLASSES 00001880 232021 3 /01 /10STMT 1646.6610 SAFETY EQUIPMENT VEHICLE MAINTENANCE 232027 7247 404.00 5913017 SAFETY GLASSES 00001880 232021 3 /01 /10STMT 1301.6610 SAFETY EQUIPMENT 688.00 332627 311812010 111228 ALDEN POOL & MUNICIPAL SUPPLY 332620 311812010 125325 4 QUARTERS DESIGN & BUILD 1,291.48 EJECTORS, SWITCH 00001767 232028 100075 5915.6530 REPAIR PARTS 13,985.00 GARDENIDECK CONSTRUCTION 232022 050310 5100.1720 BUILDINGS 332628 13,985.00 100058 ALLIED WASTE SERVICES #894 332621 311812010 38,288.10 100611 A TO 2 RENTAL CENTER 2076756 5952.6183 RECYCLING CHARGES 52.90 FLOOR SCRUBBER RENTAL 00006187 232023 27065 5422.6180 CONTRACTED REPAIRS 52.90 332622 3118/2010 101833 A.T.O.M. 3/17/2010 8:11:48 Page- 1 Business Unit DISTRIBUTION BUILDING MAINTENANCE GENERAL MAINTENANCE ART CENTER BALANCE SHEET MAINT OF COURSE & GROUNDS 40.00 TRAINING CLASS 232273 23374379 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 40.00 332623 311812010 101971 ABLE HOSE & RUBBER INC. 410.40 HOSES 00001640 232024 1- 819828 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 410.40 332624 3/1812010 124613 ABM JANITORIAL - NORTH CENTRAL 2,545.10 JANITORIAL SERVICE 232274 1005155 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL EQUIPMENT OPERATION GEN POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL WATER TREATMENT RECYCLING 2,545.10 332625 311812010 105476 ACE TRAILER SALES 187.03 LATCH 00001649 232328 S021220 1553.6530 REPAIR PARTS 187.03 332626 311812010 123309 ACTION FLEET INC. 984.38 VEHICLE MAINTENANCE 232025 7185 1400.6215 EQUIPMENT MAINTENANCE 101.38 VEHICLE MAINTENANCE 232026 7242 1400.6215 EQUIPMENT MAINTENANCE 715.51 VEHICLE MAINTENANCE 232027 7247 1400.6215 EQUIPMENT MAINTENANCE 1,801.27 332627 311812010 111228 ALDEN POOL & MUNICIPAL SUPPLY 1,291.48 EJECTORS, SWITCH 00001767 232028 100075 5915.6530 REPAIR PARTS 1,291.48 332628 311812010 100058 ALLIED WASTE SERVICES #894 38,288.10 RECYCLING 232029 2076756 5952.6183 RECYCLING CHARGES EQUIPMENT OPERATION GEN POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL WATER TREATMENT RECYCLING R55CKREG LOG20000 CITY OF EDINA 3117/2010 8:11:48 Council Check Register Page - 2 3/18/2010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 38,288.10 332629 3118/2010 101506 AMERICAN HOTEL REGISTER CO. 448.76 HAND DRYER 00002229 232329 1453865 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 448.76 332630 3118/2010 102109 ANCOM TECHNICAL CENTER 1,536.00 MAINTENANCE CONTRACT 232212 14235 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 1,536.00 332631 311812010 102172 APPERTS FOODSERVICE 61.75 CLEANER 232213 1314602 5421.6511 CLEANING SUPPLIES GRILL 180.60 PLATES, NAPKINS 232213 1314602 5421.6406 GENERAL SUPPLIES GRILL 244.75 FOOD 232213 1314602 5421.5510 COST OF GOODS SOLD GRILL 487.10 332632 311812010 103680 ARAMARK REFRESHMENT SRVCS 76.55 COFFEE 00006463 232330 415766 5210.6406 GENERAL SUPPLIES GOLF DOME PROGRAM 76.55 332633 3118/2010 102774 ASPEN WASTE SYSTEMS 189.10 232331 1- 146354 -3/10 7411.6182 RUBBISH REMOVAL PSTF OCCUPANCY 189.10 332634 3118/2010 100256 AT &T MOBILITY 44.68 232214 870517029X30210 5420.6188 TELEPHONE CLUB HOUSE 44.68 332635 3118/2010 100637 AUTOMOBILE SERVICE CO. 65.79 FRONT ALIGNMENT 00001654 232332 56924 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 65.79 332636 311812010 125333 BARNUM GATE SERVICES INC. 26.72 KEYSWITCH REPLACEMENT 232333 11278 7411.6530 REPAIR PARTS PSTF OCCUPANCY 145.00 KEYSWITCH REPLACEMENT 232333 11278 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 171.72 332637 311812010 102449 BATTERY WHOLESALE INC. 62.51- CREDIT 232500 C11414 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 17.00- CREDIT 232501 C11415 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 66.00- CREDIT 232502 C12359 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 80.00- CREDIT 232503 C12444 1553.6530 REPAIR PARTS EQUIPMENT OPERATInN GEN R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 3 3/18/2010 -3/18/2010 Check # Date Amount Supplier (Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,295.64 BATTERIES 232504. C12454 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 244.3& CREDIT 232505 C12493 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 20.00 -. 'CREDIT .232506 C12589 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN - 331:82 BATTERIES 00001977 232507 762 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,137.60 - 332638 311812010 101355 -BELLBOY CORPORATION ,• .294.75 232132 52417600 5822.5513 COST OF GOODS SOLD WINE .. 50TH ST SELLING 140.05 232133 52417800 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING • 850.60 232134 52423800 5862.5512 COST OF'GOODS SOLD LIQUOR VERNON SELLING 334.20 232135 52417900 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING ' 2,864.97 232136 -52418000 5842.5513 COST OF GOODS SOLD WINE YORK SEL`CING f- 1,101.75 232137 52423900 5842.5512 COST OF-GOODS SOLD LIQUOR YORK SELLING } 86.73 232138 83375800 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 122.13 232139 83375500 5842.5515 ' COST OF GOODS SOLD MIX YORK SELLING 11.14- 232140 83288700 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 721.35 232433 52512100 5822.5513 , COST OF GOODS SOLD WINE 50TH ST SELLING 26.92 232434 83402800 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING _ 161.74 232435 83400800 5842.5515 COST OF'GOODS SOLD MIX YORK SELLING 6,694.05 332639 311812010 117379 BENIEK PROPERTY SERVICES INC. 800.84 SNOW REMOVAL 232334 135228- 7411.6136 SNOW,& LAWN CARE PSTF OCCUPANCY. 800.84-, `f 332640 311812010'- 100648 BERTELSON OFFICE PRODUCTS 28.54 PENS 232275 WO- 60867 5-1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 35.58 OFFICE SUPPLIES 232335 OE- 219648 -1 5840.6513 OFFICE SUPPLIES LIQUOR YORK GENERAL 64.12 332641 3/18/2010 119631 - -- BONNER & BORHART LLP - 450.00 PROSECUTING 232215 44738- 1195.6103 PROFESSIONAL SERVICES LEGAL SERVICES 15,156.25 PROSECUTING 232216 44737 1195.6103 PROFESSIONAL SERVICES LEGAL SERVICES 15,606.25 332642 311812010 105367 BOUND TREE MEDICAL LLC 22.50 AMBULANCE SUPPLIES 00003863 232336 87132459 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 22.50 AMBULANCE SUPPLIES 00003647 232337 87132458 1470.6510 FIRST AID SUPPLIES FIRE DEPT: GENERAL 45.00 - 332643 311812010 100659 BOYER:TRUCK PARTS . 65.51 RELAY ASSEMBLIES 00001628 232031 373087 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA 232141 19434 5822.5514 COST OF GOODS SOLD BEER Council Check Register 30.15 232142 3/18/2010 -3118/2010 COST OF GOODS SOLD MIX Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 5842.5514 COST OF GOODS SOLD BEER 14.05 RESISTOR 00001716 232032 378442 1553.6530 REPAIR PARTS 925.80 SPRINGS, GASKETS, VALVE 00001704 232217 374430 1553.6530 REPAIR PARTS 116683 CAT & FIDDLE BEVERAGE 133.71 END ASSEMBLIES, HEX NUTS 00001647 232338 380568 1553.6530 REPAIR PARTS 982.44 ROTORS, HUBS, SEALS 00001647 232339 380527 1553.6530 REPAIR PARTS COST OF GOODS SOLD WINE VERNON SELLING 185.81 VEHICLE REPAIRS 00001691 232340 231511 1553.6180 CONTRACTED REPAIRS 85613 5822.5513 2,307.32 50TH ST SELLING 80.00 332644 3/1812010 85614 122318 BRAEMAR GOLF COURSE COST OF GOODS SOLD WINE VERNON SELLING 275.00 256.00 ANNUAL MEETING BEVERAGES 232276 1805 1100.6106 MEETING EXPENSE 332649 256.00 100681 CATCO 332645 3118/2010 102534 BRAUER & ASSOCIATES LTD 189.10 BRAKE PARTS 00001723 232218 3 -86773 250.25 ARCHITECTURAL SERVICES 232030 1202773 1600.6103 PROFESSIONAL SERVICES 189.10 250.25 332646 3118/2010 108688 CANTON COMMUNICATIONS INC. 2,229.70 CABLE ADS 232341 100309 -1 5210.6122 ADVERTISING OTHER RWP9406 1470.6160 2,229.70 FIRE DEPT. GENERAL 268.79 332647 311812010 119455 CAPITOL BEVERAGE SALES 332651 3/17/2010 8:11:48 Page- 4 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN CITY COUNCIL PARK ADMIN. GENERAL GOLF DOME PROGRAM 1,170.20 232141 19434 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 30.15 232142 19433 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,068.90 232143 19437 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,269.25 332648 311812010 116683 CAT & FIDDLE BEVERAGE 45.00- 232144 85018 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 240.00 232145 85613 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 80.00 232436 85614 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 275.00 332649 311812010 100681 CATCO 189.10 BRAKE PARTS 00001723 232218 3 -86773 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 189.10 332650 3/1812010 102372 CDW GOVERNMENT INC. 268.79 ADOBE ACROBAT 00004310 232411 RWP9406 1470.6160 DATA PROCESSING FIRE DEPT. GENERAL 268.79 332651 3118/2010 100897 CENTERPOINT ENERGY 195.56 232277 030410 5430.6186 HEAT RICHARDS GOLF COURSE 384.86 232277 030410 5841.6186 HEAT YORK OCCUPANCY R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 461.70 551.40 579.25 1,250.48 1,482.75 1,861.79 1,985.19 2,040.50 2,369.00 2,504.17 3,673.82 4,480.24 1171971 332652 CITY OF EDINA 112561 CENTERPOINT ENERGY Council Check Register 3/18/2010 -3118/2010 PO # Doc No Inv No Account No Subledger Account Description 232277 030410 5861.6186 HEAT 232277 030410 5422.6186 HEAT 232277 030410 1481.6186 HEAT 232277 030410 5913.6186 HEAT 232277 030410 5111.6186 HEAT 232277 030410 5420.6186 HEAT 232277 030410 1628.6186 HEAT 232277 030410 5921.6186 HEAT 232277 030410 5630.6186 HEAT 232277 030410 1552.6186 HEAT 232277 030410 5911.6186 HEAT 232277 030410 1646.6186 HEAT 232277 030410 5511.6186 HEAT 232277 030410 5210.6186 HEAT 332652 3/18/2010 112561 CENTERPOINT ENERGY 10.50 232342 5590919 -6 -2110 7413.6582 10.50 332653 3/1812010 103711 CENTERPOINT ENERGY SERVICES IN 39.23 232416 1955002 5311.6186 10,134.81 232417 1954992 1552.6186 7,376.16 232418 1954522 5620.6186 17,550.20 332654 311812010 119661 CENTRAL ENVELOPE CORPORATION 150.69 EMPLOYEE NEWSLETTER 232219 68007 2210.6575 150.69 332655 311812010 119725 CHISAGO LAKES DISTRIBUTING CO 401.75 232146 412611 5862.5514 62.00 232437 413551 5822.5514 463.75 332656 311812010 100685 CITY OF EDEN PRAIRIE 125.00 EP ENTERTAINMENT 3/21/10 232405 031110 5621.6136 125.00 332657 311812010 100687 CITY OF RICHFIELD 140.45 % ELECTRIC FOR STORM LIFT 232278 4390 5934.6185 140.45 FUEL OIL HEAT HEAT HEAT PRINTING 3/17/2010 8:11:48 Page - 5 Business Unit VERNON OCCUPANCY MAINT OF COURSE & GROUNDS YORK FIRE STATION DISTRIBUTION ART CENTER BLDG /MAINT CLUB HOUSE SENIOR CITIZENS SANITARY LIFT STATION MAINT CENTENNIAL LAKES CENT SVC PW BUILDING WELL PUMPS BUILDING MAINTENANCE ARENA BLDG/GROUNDS GOLF DOME PROGRAM PSTF FIRE TOWER POOL OPERATION CENT SVC PW BUILDING EDINBOROUGH PARK COMMUNICATIONS COST OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD BEER 50TH ST SELLING PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION LIGHT & POWER STORM LIFT STATION MAINT R55CKREG LOG20000 CITY OF EDINA 3117/2010 8:11:48 Council Check Register Page - 6 3/18/2010 -3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doe No Inv No Account No Subledger Account Description Business Unit 332658 311812010 103040 CITY PAGES 291.66 MAGAZINE ADVERTISING 232220 D10028438 5862.6122 ADVERTISING OTHER VERNON SELLING 291.67 MAGAZINE ADVERTISING 232220 D10028438 5822.6122 ADVERTISING OTHER 50TH ST SELLING 291.67 MAGAZINE ADVERTISING 232220 D10028438 5842.6122 ADVERTISING OTHER YORK SELLING 875.00 332659 311812010 100688 CITYWIDE WINDOW SERVICES INC 14.71 WINDOW CLEANING 232221 459916 5861.6180 CONTRACTED REPAIRS VERNON OCCUPANCY 16.49 WINDOW CLEANING 232221 459916 5821.6180 CONTRACTED REPAIRS 50TH ST OCCUPANCY 25.99 WINDOW CLEANING 232221 459916 5841.6180 CONTRACTED REPAIRS YORK OCCUPANCY 57.19 332660 311812010 120747 CMS 360.00 DRUG TESTING 232033 022010532294 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 360.00 332661 3118/2010 100692 COCA -COLA BOTTLING CO. 449.60 232438 0118234422 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 449.60 332662 311812010 100088 COLE INFORMATION SERVICES INC. 363.95 DIRECTORY RENEWAL 232279 0548075 -IN 1400.6105 DUES 8 SUBSCRIPTIONS POLICE DEPT. GENERAL 363.95 332663 311812010 120433 COMCAST 22.60 8772 10 614 0220686 232343 220686 -3/10 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK 22.60 332664 311812010 120826 COMCAST SPOTLIGHT 263.66 CABLE TV ADVERTISING 232222 253251 5862.6122 ADVERTISING OTHER VERNON SELLING 283.67 CABLE TV ADVERTISING 232222 253251 5822.6122 ADVERTISING OTHER 50TH ST SELLING 283.67 CABLE TV ADVERTISING 232222 253251 5842.6122 ADVERTISING OTHER YORK SELLING 851.00 332665 311812010 101974 CONNIE'S CATERING 1,798.03 ANNUAL MEETING 232280 031010 1100.6106 MEETING EXPENSE CITY COUNCIL 1,798.03 332666 311812010 100697 COOL AIR MECHANICAL INC. 2,958.33 MAINTENANCE CONTRACT 00008098 232034 70132 5510.6136 PROFESSIONAL SVC - OTHER ARENA ADMINISTRATION 516.50 COMPRESSOR REPAIR 00008099 232035 70130 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 3/17/2010 8:11:48 Page - 7 Business Unit UTILITY BALANCE SHEET PSTF OCCUPANCY POLICE DEPT. GENERAL FIRE DEPT. GENERAL DISTRIBUTION EQUIPMENT OPERATION GEN ART CENTER BLDG/MAINT 642.75 232147 543016 5822.5514 CITY OF EDINA 50TH ST SELLING R55CKREG LOG20000 232148 543017 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 2,663.75 232149 543018 5842.5514 Council Check Register YORK SELLING 44.80. 232150 543019 5842.5515 3/18/2010 -3118/2010 4,339.67 Check # Date Amount Supplier/ Explanation PO # Doe No Inv No Account No Subledger Account Description 232439 543403 3,474.83 COST OF GOODS SOLD BEER 50TH ST SELLING 7,863.77 332667 3/1812010 125337 CROSSTOWN COMMONS MEDICAL 332674 3/1812010 101657 DEHN, BRUCE 496.85 REFUND -ACCT 330152007 232407 UTILITY 5900.2015 CUSTOMER REFUND LAUNDRY DISTRIBUTION 496.85 332668 311812010 102831 DEX EAST 100699 CULLIGAN BOTTLED WATER 21.20 17.75 114 - 09855685 -4 WATER 232344 030110 7411.6406 GENERAL SUPPLIES 17.75 3.32669 311812010 100700 CURTIS 1000 525.69 ENVELOPES 232036 2528731 1400.6575 PRINTING 525.69 332670 311812010 100706 D.C. ANNIS SEWER INC. 539.00 PUMP SUMP 232223 74122 1470.6215 EQUIPMENT MAINTENANCE 539.00 332671 3/1812010 102791 D2 SERVICES INC. 560.60 SCADA REPAIR 00001906 232345 9843 5913.6103 PROFESSIONAL SERVICES 560.60 332672 311812010 104020 DALCO 369.68 LPS #2, LUBRICANT 00001858 232224 2189672 1553.6530 REPAIR PARTS 74.71- CREDIT 232225 2185878 5111.6710 EQUIPMENT REPLACEMENT 294.97 332673 3/1812010 102478 DAY DISTRIBUTING CO. 3/17/2010 8:11:48 Page - 7 Business Unit UTILITY BALANCE SHEET PSTF OCCUPANCY POLICE DEPT. GENERAL FIRE DEPT. GENERAL DISTRIBUTION EQUIPMENT OPERATION GEN ART CENTER BLDG/MAINT 642.75 232147 543016 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 44.80 232148 543017 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 2,663.75 232149 543018 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 44.80. 232150 543019 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 4,339.67 232151 542110 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 128.00 232439 543403 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 7,863.77 332674 3/1812010 101657 DEHN, BRUCE 114.00 UNIFORM PURCHASE 232037 030810 5913.6201 LAUNDRY DISTRIBUTION 114.00 332676 311812010 102831 DEX EAST 21.20 232226 110312148 -2110 5821.6188 TELEPHONE 50TH ST OCCUPANCY R55CKREG LOG20000 507.60 CITY OF EDINA 332676 Council Check Register 123162 DISH NETWORK 3/18/2010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doe No Inv No Account No Subledger Account Description 21.20 232226 110312148 -2/10 5841.6188 TELEPHONE 21.20 232226 110312148 -2/10 5861.6188 TELEPHONE 305.00 110311867 232346 110311867 -2/10 5621.6122 ADVERTISING OTHER 139.00 650487671 232413 650487671 -2/10 5511.6188 TELEPHONE GENERAL SUPPLIES CLEANING SUPPLIES CAR WASH 3/1712010 8:11:48 Page - 8 Business Unit YORK OCCUPANCY VERNON OCCUPANCY EDINBOROUGH ADMINISTRATION ARENA BLDG /GROUNDS PSTF OCCUPANCY FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS CUSTOMER REFUND UTILITY BALANCE SHEET CUSTOMER REFUND UTILITY BALANCE SHEET CONTRACTUAL SERVICES EDINA ATHLETIC ASSOCIATION GENERAL SUPPLIES EDINA ATHLETIC ASSOCIATION PROFESSIONAL SERVICES CONTINGENCIES CONTRACTED REPAIRS FIRE DEPT. GENER" 507.60 332676 3/1812010 123162 DISH NETWORK 38.49 8255 70 708 1422839 232347 030410 7411.6406 38.49 332677 311812010 122387 ECOLAB 142.43 DETERGENT 00003682 232227 1744769 1470.6511 142.43 332678 311812010 106340 EDINA CAR WASH 221.52 FEB WASHES 232281 4149 1553.6238 221.52 332679 311812010 101667 EDINA HIGH SCHOOL 15,803.90 HIGH SCHOOL BOYS % 232423 031510 5511.6136 15,803.90 332680 3/1812010 101667 EDINA HIGH SCHOOL 1,586.00 HIGH SCHOOL GIRLS % 232424 MAR1510 5511.6136 1,586.00 332681 3/1812010 101837 EDINA POLICE DEPARTMENT 25.00 ALARM - 5750 LINCOLN DR 232282 10002603 5900.2015 25.00 ALARM - 7175 CAHILL RD 232409 INV 10001237 5900.2015 50.00 332682 311812010 101630 EDINA PUBLIC SCHOOLS 655.00 GYM USE PERMITS #34258 & 34274 232348 9145 4077.6102 700.00 GYM USAGE - PERMIT #34026 232410 9148 4077.6406 1,355.00 332683 3118/2010 100049 EHLERS & ASSOCIATES INC 285.00 2010 HOUSING TIF 232283 341118 1500.6103 285.00 332684 311812010 101956 EMERGENCY APPARATUS MAINTENANC 2,410.32 E -83 REPAIRS 232228 47281 1470.6180 GENERAL SUPPLIES CLEANING SUPPLIES CAR WASH 3/1712010 8:11:48 Page - 8 Business Unit YORK OCCUPANCY VERNON OCCUPANCY EDINBOROUGH ADMINISTRATION ARENA BLDG /GROUNDS PSTF OCCUPANCY FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS CUSTOMER REFUND UTILITY BALANCE SHEET CUSTOMER REFUND UTILITY BALANCE SHEET CONTRACTUAL SERVICES EDINA ATHLETIC ASSOCIATION GENERAL SUPPLIES EDINA ATHLETIC ASSOCIATION PROFESSIONAL SERVICES CONTINGENCIES CONTRACTED REPAIRS FIRE DEPT. GENER" 3/17/2010 8:11:48 Page - 9 Business Unit FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL PARK ADMIN. GENERAL CENT SVC PW BUILDING 50 00 AD DESIGN 232229 2196 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 50.00 332689 311812010 101476 FOOTJOY 13,373.83 SHOES 232230 3015382 5440.5511 CITY OF EDINA PRO SHOP RETAIL SALES R55CKREG LOG20000 SHOE CREDIT 232231 6820991 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 660.00- SHOE CREDIT 232232 6821435 5440.5511 Council Check Register PRO SHOP RETAIL SALES 2,124.00- SHOE CREDIT 232233 6827606 5440.5511 3/1812010 -3/18/2010 1,098.00- Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 232353 3018029 118.26 E -81 REPAIRS 232349 47435 1470.6180 CONTRACTED REPAIRS 3034258 5440.5511 266.09 E -83 REPAIRS 232350 47436 1470.6180 CONTRACTED REPAIRS 5440.5511 COST OF GOODS - PRO SHOP 2,794.67 3,376.38 SHOES 232356 3035718 5440.5511 332685 311812010 16,483.81 104733 EMERGENCY MEDICAL PRODUCTS INC 332690 3/1812010 667.35 AMBULANCE SUPPLIES 00003824 232351 1243205 1470.6510 FIRST AID SUPPLIES 63.84 CITATIONS - BAL DUE 110.98 AMBULANCE SUPPLIES 00003824 232352 1243476 1470.6510 FIRST AID SUPPLIES 778.33 332691 311812010 125328 FRESCO 332686 311812010 125336 ESPINOSA, PETE 461.70 EXTENSION POLES 00001800 232235 75606 5923.6406 GENERAL SUPPLIES 15.00 TRIP REFUND 232406 031110 1600.4390.15 GEN ADAPTIVE REC 15.00 100764 G & K SERVICES 332687 3118/2010 104474 FILTERFRESH 56.59 FILTER FOR BREWER 00001879 232038 33642892 -2010 1552.6406 GENERAL SUPPLIES 56.59 332688 311812010 103985 FLOR, JON 3/17/2010 8:11:48 Page - 9 Business Unit FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL PARK ADMIN. GENERAL CENT SVC PW BUILDING 50 00 AD DESIGN 232229 2196 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 50.00 332689 311812010 101476 FOOTJOY 13,373.83 SHOES 232230 3015382 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,187.00- SHOE CREDIT 232231 6820991 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 660.00- SHOE CREDIT 232232 6821435 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,124.00- SHOE CREDIT 232233 6827606 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,098.00- SHOE CREDIT 232234 6827630 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5,322.72 MERCHANDISE 232353 3018029 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 73.15 SHOES 232354 3034258 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 406.73 MERCHANDISE 232355 3035719 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 3,376.38 SHOES 232356 3035718 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 16,483.81 332690 3/1812010 117674 FOURTH JUDICIAL DISTRICT 63.84 CITATIONS - BAL DUE 232284 201041 -A 1400.6575 PRINTING POLICE DEPT. GENERAL 63.84 332691 311812010 125328 FRESCO 461.70 EXTENSION POLES 00001800 232235 75606 5923.6406 GENERAL SUPPLIES COLLECTION SYSTEMS 461.70 332692 311812010 100764 G & K SERVICES R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 10 3/18/2010 -3/18/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subiedger Account Description Business Unit 168.84 232039 022810 5913.6201 LAUNDRY DISTRIBUTION 252.12 232039 022810 1646.6201 LAUNDRY BUILDING MAINTENANCE 295.29 232039 022810 5511.6201 LAUNDRY ARENA BLDG /GROUNDS 469.68 232039 022810 1552.6511 CLEANING SUPPLIES CENT SVC PW BUILDING 556.62 232039 022810 1301.6201 LAUNDRY GENERAL MAINTENANCE 572.00 232039 022810 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 2,314.55 332693 311812010 100920 GENUINE PARTS COMPANY - MINNEA 48.71 VEHICLE PARTS 232285 022810 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 52.99 VEHICLE PARTS 232285 022810 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 243.98 VEHICLE PARTS 232285 022810 5422.6556 TOOLS MAINT OF COURSE & GROUNDS 246.39 VEHICLE PARTS 232285 022810 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 592.07 332694 3/1812010 119936 GLOBAL OAK 618.75 PARK & REC E- COMMERCE 232236 010709 1627.6103 PROFESSIONAL SERVICES SPECIAL ACTIVITIES 618.75 ART CENTER E- COMMERCE 232236 010709 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 1,200.00 WEBSITE MAINTENANCE 232236 010709 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 2,850.00 BRAEMAR GOLF E- COMMERCE 232236 010709 5410.6103 PROFESSIONAL SERVICES GOLF ADMINISTRATION 5,287.50 332695 3/1812010 103316 GOETSCH, SAM L. 2,199.00 INTERPRETER SERVICES 232286 030110 4078.6103 PROFESSIONAL SERVICES INCLUSION PROGRAM - 2,199.00 332696 3/18/2010 104775 GOVERNMENT TRAINING SERVICES 199.00 HEATHER WORTHINGTON 232508 23439976 1120.6104 CONFERENCES & SCHOOLS ADMINISTRATION 199.00 332697 3118/2010 101103 GRAINGER 152.87 SOCKET SETS 00001802 232040 9189780746 5913.6556 TOOLS DISTRIBUTION 60.45 PIPE 00006393 232041 9187679122 5210.6406 GENERAL SUPPLIES GOLF DOME PROGRAM 26.45 HEATER 00006395 232357 9194768462 5420.6406 GENERAL SUPPLIES CLUB HOUSE 109.16 'LAMPS 232358 9188295936 7412.6406 GENERAL SUPPLIES PSTF RANGE 348.93 332698 311812010 102217 GRAPE BEGINNINGS INC 294.75 232152 117127 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 98.25 232440 117162 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 491.25 232441 117125 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 884.25 R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/18/2010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 332699 3/18/2010 101518 GRAUSAM, STEVE 344.37 BAR SUPPLIES 232359 031110 5842.5515 COST OF GOODS SOLD MIX GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES PROFESSIONAL SERVICES GENERAL SUPPLIES PROFESSIONAL SERVICES RADIO SERVICE EQUIPMENT RENTAL EQUIPMENT RENTAL DATA PROCESSING EQUIPMENT RENTAL COURT CHARGES 3/17/2010 8:11:48 Page - 11 Business Unit YORK SELLING FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL INSPECTIONS DISTRIBUTION POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL FIRE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL LEGAL SERVICES PROFESSIONAL SVC - OTHER PSTF RANGE CONFERENCES & SCHOOLS TRAINING 344.37 332700 311812010 100783 GRAYBAR ELECTRIC CO. INC. 20.36 WIRING DEVICES 00001867 232042 946410521 1470.6406 29.49 WIRING DEVICES 00001867 232043 946410522 1470.6406 116.33 TWIST LOCKS 00001584 232237 946040506 1470.6406 166.18 332701 3/1812010 104459 GS DIRECT INC. 113.31 OCE PAPER 232044 266871 1495.6103 113.31 332702 3118/2010 100012 HD SUPPLY WATERWORKS LTD 153.13 VALVE WRENCHES 00001879 232360 1075042 5913.6406 153.13 332703 3/1812010 125245 HEALTH ACT SRVS AIRPORT CLINIC 185.00 FITNESS FOR DUTY 232238 030410 1400.6103 185.00 332704 311812010 105436 HENNEPIN COUNTY INFORMATION 560.00 RADIO ADMIN FEE 00001891 232239 20028081 1553.6237 1,316.24 RADIO ADMIN FEE 232240 20028018 1470.6151 41.28- CREDIT 232241 20028018 -01 1470.6151 156.00 BASIC SUPPORT 232287 2100262 -026 1400.6160 2,388.80 RADIO ADMIN FEE 232288 20028019 1400.6151 4,379.76 332705 311812010 101215 HENNEPIN COUNTY SHERIFF'S OFFI 607.79 FEB 2010 BOOKING FEE 232414 2935 1195.6170 607.79 332706 3118/2010 101717 HENNEPIN COUNTY TREASURER 210.00 HAZARDOUS WASTE FEE 232361 24492 7412.6136 210.00 332707 311812010 101073 HIGHWAY TECHNOLOGIES INC. 79.90 SAFETY TRAINING 00001470 232045 65047201 -001 1281.6104 79.90 GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES PROFESSIONAL SERVICES GENERAL SUPPLIES PROFESSIONAL SERVICES RADIO SERVICE EQUIPMENT RENTAL EQUIPMENT RENTAL DATA PROCESSING EQUIPMENT RENTAL COURT CHARGES 3/17/2010 8:11:48 Page - 11 Business Unit YORK SELLING FIRE DEPT. GENERAL FIRE DEPT. GENERAL FIRE DEPT. GENERAL INSPECTIONS DISTRIBUTION POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL FIRE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL LEGAL SERVICES PROFESSIONAL SVC - OTHER PSTF RANGE CONFERENCES & SCHOOLS TRAINING R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 12 3/18/2010 - 3/18/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332708 311812010 103753 HILLYARD INC - MINNEAPOLIS 251.35 RESTROOM CLEANERS 00002230 232362 6231811 5620.6511 CLEANING SUPPLIES EDINBOROUGH PARK 251.35 332709 3118/2010 104375 HOHENSTEINS INC. 863.00 232442 515014 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 863.00 332710 311812010 120085 IDEAL SERVICE INC. 5,338.41 VFD FOR NEW PUMP 00001610 232289 3909 5921.6530 REPAIR PARTS SANITARY LIFT STATION MAINT 5,338.41 332711 311812010 104157 INTERNATIONAL CODE COUNCIL INC 100.00 2010 DUES 232046 2771340 1495.6105 DUES & SUBSCRIPTIONS INSPECTIONS 100.00 332712 311812010 100818 INTERSTATE POWER SYSTEMS INC 432.14 BELTS FOR HVAC 232363 433751 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 432.14 332713 3/1812010 122269 IPROMOTEU INC. 424.81 CUSTOM TATTOOS 232290 305789MPT 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 424.81 332714 3118/2010 103326 J. MARCEL ENTERPRISES 189.58 POLO SHIRTS 232291 112032 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 169.58 332715 311812010 101861 J.H. LARSON COMPANY 21.76 HALOGEN LAMPS 00001867 232364 4264771 -01 5860.6406 GENERAL SUPPLIES VERNON LIQUOR GENERAL 21.76 332716 3/1812010 100828 JERRY'S FOODS 8.18 232292 022810 1400.6106 MEETING EXPENSE POLICE DEPT. GENERAL 10.48 232292 022810 1622.6406 GENERAL SUPPLIES SKATING & HOCKEY 14.20 232292 022810 1628.6406 GENERAL SUPPLIES SENIOR CITIZENS 40.40 232292 022810 5421.5510 COST OF GOODS SOLD GRILL 48.51 232292 022810 1470.4760 DONATIONS - GOVT FUND FIRE DEPT. GENERAL 76.61 232292 022810 1470.6106 MEETING EXPENSE FIRE DEPT. GENERAL 94.47 232292 022810 5913.6406 GENERAL SUPPLIES DISTRIBUTION 292.85 R55CKREG LOG20000 Check # Date Amount Supplier/ Explanation 332717 311812010 100829 JERRY'S HARDWARE 10.68 14.39 18.06 19.46 21.75 24.15 25.65 26.12 27.21 32.35 40.54 49.58 92.06 176.33 187.15 492.62 1,258.10 CITY OF EDINA Council Check Register 3/18/2010 - 3118/2010 PO # Doc No Inv No Account No Subledger Account Description 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 232293 022810 1322.6406 1552.6406 1470.6406 5620.6406 5630.6406 1553.6406 1400.6406 5422.6406 5210.6406 1260.6406 5511.6406 4090.6406 5913.6406 1301.6406 5422.6406 1646.6406 GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES 3/17/2010 8:11:48 Page - 13 Business Unit STREET LIGHTING ORNAMENTAL CENT SVC PW BUILDING FIRE DEPT. GENERAL EDINBOROUGH PARK CENTENNIAL LAKES EQUIPMENT OPERATION GEN POLICE DEPT. GENERAL MAINT OF COURSE & GROUNDS GOLF DOME PROGRAM ENGINEERING GENERAL ARENA BLDG /GROUNDS 50TH &FRANCE MAINTENANCE DISTRIBUTION GENERAL MAINTENANCE MAINT OF COURSE & GROUNDS BUILDING MAINTENANCE 332718 3118/2010 102136 JERRY'S TRANSMISSION SERVICE 151.90 AMBULANCE GLOVE BOXES 00003683 232242 0014704 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 151.90 332719 3/1812010 102146 JESSEN PRESS 900.04 AR &LE BROCHURE 232294 21003 1629.6575 PRINTING ADAPTIVE RECREATION 900.04 332720 311812010 100741 JJ TAYLOR DIST. OF MINN 95.40 232443 1369064 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 9,654.19 232444 1369063 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,529.20 232445 1369056 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 140.00 232446 1369065 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 12,418.79 332722 311812010 100835 JOHNSON BROTHERS LIQUOR CO. 1,166.34 232153 1788991 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 38.35 232154 1770446 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 36.11- 232155 447381 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 9.68- 232156 451392 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 148.48- 232157 451184 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 659.02 232447 1796679 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 14 3/18/2010 -3/1812010 Check # Date Amount Supplier I Explanation PO # Doe No Inv No Account No Subledger Account Description Business Unit 748.21 232448 1796678 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 678.38 232449 1796677 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 1,012.34 232450 1796681 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 62.21 232451 1796680 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,666.08 232452 1796684 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 6,679.98 232453 1796696 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 903.35 232454 1796694 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,597.00 232455 1796693 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 332.36 232456 1796692 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 388.48 232457 1796683 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,279.46 232458 1796697 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,931.01 232459 1796695 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5,549.62 232460 1796690 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,829.10 232461 1789482 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,800.01 232462 1796686 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,111.71 232463 1796688 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 388.48 232464 1796682 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 223.74 232465 1796685 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 35.37 232466 1796691 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,095.14 232467 1796687 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,914.85 232468 1796689 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 37,896.32 332723 3/18/2010 102719 JOHNSON, PHILLIP 4.35 BUTTON AND BATTERY 232295 031010 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 13.94 WIRELESS MOUSE 232295 031010 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 46.08 CARD STOCK 232295 031010 5125.6513 OFFICE SUPPLIES MEDIA STUDIO 49.99 DVD PLAYER 232295 031010 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 85.81 COMPUTER CART 232295 031010 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 200.17 332724 3118/2010 103230 JOHNSTONS SALES & SERVICE 55.52 VACUUM REPAIRS 00003684 232243 012553 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 55.52 332725 3/1812010 116776 KUSTOM KARRIERS 158.74 TOWING SERVICE 00001676 232365 65026 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 158.74 332726 311812010 100852 LAWSON PRODUCTS INC. 409.13 CABLES, BRUSHES, SEALANT 00001812 232047 8974255 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 149.54 PIPE SEALER, LB DUTY MASTER 00001812 232048 8974256 1553.6530 REPAIR PARTS EQUIPMENT OPEr' )N GEN R55CKREG LOG20000 Business Unit REPAIR PARTS EQUIPMENT OPERATION GEN CITY OF EDINA STREET NAME SIGNS REPAIR PARTS ' EQUIPMENT OPERATION GEN GENERAL SUPPLIES POLICE DEPT. GENERAL Council Check Register 50TH ST SELLING REPAIR PARTS EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES PSTF OCCUPANCY 3/18/2010 -3/1812010 p' Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No ' 259.00 SPRINGS, RIVETS, HEX NUTS 00001870 ;232296 8992492 1553.6530 347.25 'RIVET TOOLS, SAW BLADES 00001869 232366 - 8997554 1325.6406 ? 147.02 VINYL TUBING 00001715 232367 8997553 1553.6530 1,361.94 332727 3118/2010 116575 LIFE LINE INC. 126.91 PADS FOR WED 00001890 232244 LL -3184 1552.6406 126.91 332728 3/1812010 124810 LIFT BRIDGE: BEER COMPANY - 260.00 232469 2896 5842.5514 260.00 332729 3/1812010 125338 LONGENECKER, KELLAN 95.65 REFUND - 416 MONROE 232408 UTILITY 5900.2015 ' 95.65 332730 3118/2010 102722 LYNN PEAVEY COMPANY 127.50 EVIDENCE TESTS- 232297 217584 1400.6406 41.85 EVIDENCE SUPPLIES 232298 217412 1400.6406 618.25 EVIDENCE BAGS, SUPPLIES 232299 217325 1400.6406 787.60 332731 311812010 112577 M. AMUNDSON LLP 573.69 232470 81389 5822.5515 573.69 332732 3/1812010 100864 MACQUEEN EQUIP INC. 219.63 SPEEDOMETER SENDER, SEAL KIT00001718 232049 2101699 1553.6530 219.63 332733 311812010 114699 MANAGED SERVICES INC. 473.49 JANITORIAL SERVICE 232368 C004484 7411.6103 J 115.70 TOWELS 232369 W26275 7411.6511 589.19 332734 3118/2010 125335 MARKS, ANDY 195.02 UTILITY OVERPAYMENT REFUND 232403 "` 031210 5900.2015 195.02 332735 311812010 119209 MASTER TECHNOLOGY GROUP 2,490.00 CAMERA INSTALLATION 232245 433681 45008.6710 3/17/2010 8:11:48 Page - 15 Subledger Account Description Business Unit REPAIR PARTS EQUIPMENT OPERATION GEN GENERAL SUPPLIES STREET NAME SIGNS REPAIR PARTS ' EQUIPMENT OPERATION GEN GENERAL SUPPLIES CENT SVC PW BUILDING COST OF GOODS SOLD_ BEER YORK SELLING CUSTOMER REFUND UTILITY BALANCE SHEET GENERAL SUPPLIES POLICE DEPT. GENERAL GENERAL SUPPLIES POLICE DEPT. GENERAL GENERAL SUPPLIES POLICE DEPT. GENERAL COST OF GOODS SOLD MIX 50TH ST SELLING REPAIR PARTS EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES PSTF OCCUPANCY CLEANING SUPPLIES PSTF OCCUPANCY CUSTOMER REFUND UTILITY BALANCE SHEET EQUIPMENT REPLACEMENT FIRE STATION #1 RENOVATION R55CKREG LOG20000 794.08 CITY OF EDINA 332738 311812010 Council Check Register 101987 MENARDS 3118/2010 - 3118/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 2,490.00 33.80 332736 311812010 102600 MATRIX COMMUNICATIONS INC 3118/2010 102281 MENARDS 133.47 PHONE SYSTEM EQUIPMENT 232300 53525 5861.6406 GENERAL SUPPLIES 171.37 385.39 PHONE SYSTEM EQUIPMENT 232300 53525 5621.6406 GENERAL SUPPLIES 480.93 PHONE SYSTEM EQUIPMENT 232300 53525 5410.6409 COMPUTER SUPPLIES 5840.6406 999.79 617.37 PLYWOOD, MOLDING 332737 311812010 10494 100876 MCCAREN DESIGNS INC. GENERAL SUPPLIES 3/17/2010 8:11:48 Page - 16 Business Unit VERNON OCCUPANCY EDINBOROUGH ADMINISTRATION GOLF ADMINISTRATION 794.08 PLANTS 00002213 232370 48087 5620.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH PARK EDINBOROUGH PARK SNOW & ICE REMOVAL LIQUOR YORK GENERAL CENTENNIAL LAKES EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EDINBOROUGH PARK DISTRIBUTION DISTRIBUTION 240.00 APS ANNUAL ACCESS FEE 232304 400413000644 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 240.00 794.08 332738 311812010 101987 MENARDS 33.80 LAUNDRY SOAP, BLEACH 00002236 232371 62286 5620.6406 GENERAL SUPPLIES 33.80 332739 3118/2010 102281 MENARDS 171.37 BLADES, LUMBER 00001885 232301 1400 1318.6406 GENERAL SUPPLIES 107.60 BLADES, C- CLAMPS 00001552 232302 20865 5840.6406 GENERAL SUPPLIES 617.37 PLYWOOD, MOLDING 00002024 232303 10494 5630.6406 GENERAL SUPPLIES 896.34 332740 311812010 102729 METROPOLITAN FORD OF EDEN PRAI 154.91 VEHICLE REPAIR 00001693 232372 168715 1553.6180 CONTRACTED REPAIRS 181.77 VEHICLE REPAIR 00001690 232373 168745 1553.6180 CONTRACTED REPAIRS 336.68 332741 3118/2010 102068 METROPOLITAN MECHANICAL CONTRA 2,601.42 POOL BOILER REPAIR 232374 205047342 5620.6180 CONTRACTED REPAIRS 2,601.42 332742 311812010 100913 MINNEAPOLIS & SUBURBAN SEWER & 2,205.00 REPLACE WATER SERVICE 00001904 232246 33583 5913.6180 CONTRACTED REPAIRS 2,205.00 332743 3/1812010 103216 MINNEAPOLIS FINANCE DEPARTMENT 12,675.37 WATER PURCHASED 232050 030410 5913.6601 WATER PURCHASED 12,675.37 332744 311812010 103216 MINNEAPOLIS FINANCE DEPARTMENT EDINBOROUGH PARK SNOW & ICE REMOVAL LIQUOR YORK GENERAL CENTENNIAL LAKES EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EDINBOROUGH PARK DISTRIBUTION DISTRIBUTION 240.00 APS ANNUAL ACCESS FEE 232304 400413000644 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 240.00 R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council-Check Register Page - 17 3/18/2010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332745 3118/2010 102174 MINNEAPOLIS OXYGEN COMPANY 26.93 CO2 TANKS 232375 R102100250 7413.6545 CHEMICALS PSTF FIRE TOWER 26.93 332746 311812010 101638 MINNESOTA DEPARTMENT OF HEALTH 23.00 LICENSE RENEWAL - M. JUNGWIRTH 232402 030910 5919.6260 LICENSES & PERMITS TRAINING 23.00 332747 3118/2010 120926 MINNESOTA SHERIFFS' ASSOCIATIO 175.00 CONFERENCE REGISTRATION 232051 PCC10 -30 2310.6104 CONFERENCES & SCHOOLS E911 225.00 911 CONFERENCE 232305 PCC10 -39 2310.6104 CONFERENCES & SCHOOLS E911 400.00 332748 3118/2010 100908 MINNESOTA WANNER CO. 10.64 HOSE 00001729 232052 0083006 -IN 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 10.64 332749 3118/2010 100898 MINVALCO 260.51 REFRIGERANT 00001864 232247 742338 5912.6406 GENERAL SUPPLIES WELL HOUSES 260.51 332750 3/1812010 121491 MORRIE'S PARTS & SERVICE GROUP 188.16 SHOCK ABSORBERS 00001730 232053 477248F6W 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 188.16 332751 3/1812010 101796 MPCA 23.00 LICENSE RENEWAL - GARY WELLS 232248 031010 5919.6260 LICENSES & PERMITS TRAINING 23.00 332752 3/1812010 101796 MPCA 23.00 LICENSE RENEWAL- J. HERSHEY 232401 030910 5919.6260 LICENSES & PERMITS TRAINING 23.00 332753 3/1812010 100906 MTI DISTRIBUTING INC. 36.61 SEALS 00006188 232054 714629 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 463.43 IRRIGATION BOARD 00006185 232055 714234 -00 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 442.87 BEARINGS, BEDKNIFES 00006183 232056 714133 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 71.00 PINS, SPRINGS 00006183 232057 714200 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 381.46 IRRIGATION PARTS 00006184 232058 714201 -00 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 25,917.13 TORO ROTARY MOWER 00006381 232249 711723 -00 5400.1740 MACHINERY & EQUIPMENT GOLF BALANCE SHEET 27,312.50 R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/18/2010 — 3/18/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 332754 3118/2010 103267 NATIONAL GOLF FOUNDATION 275.00 MEMBERSHIP RENEWAL 232250 1032214 -2010 5410.6105 DUES & SUBSCRIPTIONS 275.00 332755 3118/2010 106662 NET LITIN DISTRIBUTORS 16.38 PLASTICWARE FOR RESALE 232376 56437 5620.5510 COST OF GOODS SOLD 16.38 332756 3118/2010 122449 NEW LIFE ENTERPRISES INC. 25.00 BUSINESS CARDS 232377 2090 7410.6575 PRINTING 25.00 332757 3118/2010 100922 NEWMAN TRAFFIC SIGNS 1,444.64 SIGNS 00001743 232059 TI- 0218858 1325.6531 SIGNS & POSTS 1,444.64 332758 3/1812010 115622 NORMANDALE CENTER FOR 3,366.00 2010 FUNDING 232412 2010 1504.6103 PROFESSIONAL SERVICES 3,366.00 332759 311812010 104232 NORTHERN SAFETY TECHNOLOGY INC 139.41 BRAKE LIGHT 00001648 232060 23543 1553.6530 REPAIR PARTS 56.98 LENSES 00001648 232061 23554 1553.6530 REPAIR PARTS 196.39 332760 3/18/2010 100712 NORTHERN WATER WORKS SUPPLY 352.69 METROTECH CLAMP 00001623 232062 S01239165.001 5913.6406 GENERAL SUPPLIES 352.69 332761 3/18/2010 121497 NORTHWEST ASPHALT INC. 775.43 FINAL PAYMENT 232306 032610 04332.1705.30 CONTRACTOR PAYMENTS 1,138.17 FINAL PAYMENT 232306 032610 06039.1705.30 CONTRACTOR PAYMENTS 15,609.48 FINAL PAYMENT 232306 032610 01313.1705.30 CONTRACTOR PAYMENTS 17,523.08 332762 311812010 100933 NORTHWEST GRAPHIC SUPPLY 38.44 LTX TUBES 00009143 232251 38433601 5120.5510 COST OF GOODS SOLD 180.09 BRUSHES, CANVAS 00009148 232252 38531100 5120.5510 COST OF GOODS SOLD 218.53 332763 311812010 105007 NU- TELECOM 3/17/2010 8:11:48 Page - 18 Business Unit GOLF ADMINISTRATION EDINBOROUGH PARK PSTF ADMINISTRATION STREET NAME SIGNS HUMAN RELATION COMMISSION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN DISTRIBUTION STS -332 70TH & METRO TS-39 70TH & METRO BA -313 70TH & METRO. ART SUPPLY GIFT GALLERY SHOP ART SUPPLY GIFT GALLERY SHOP R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 19 3/18/2010 —3118/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 557.72 PSAP MAINTENANCE - MARCH 232307 80122882 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 557.72 332764 311812010 103578 OFFICE DEPOT 4.64 POSTERBOARD 00006034 232253 1190644669 5410.6513 OFFICE SUPPLIES GOLF ADMINISTRATION 4.64 332765 3/1812010 124675 OKEE DOKEE BROTHERS 200.00 EP ENTERTAINMENT 3124/10 232404 031110 5621.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 200.00 332766 311812010 100936 OLSEN COMPANIES 183.74 BRAKE WINCH 00001728 232063 583985 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 183.74 332767 311812010 125330 ON-SITE LIGHTING & SURVEY LLC 352.94 LAMPS 232308 6104 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 352.94 332768 3118/2010 101659 ORKIN PEST CONTROL 225.30 PEST CONTROL 232309 52894722 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 225.30 332769 311812010 101470 ORVIS, JOAN 16,857.82 % SPRING CLASSES 232064 030910 5510.6103 PROFESSIONAL SERVICES ARENA ADMINISTRATION 16,857.82 332770 3118/2010 100940 OWENS COMPANIES INC. 153.60 EQUIPMENT REPAIRS 00006464 232378 33660 5210.6180 CONTRACTED REPAIRS GOLF DOME PROGRAM 153.60 332771 311812010 103624 P & L AUTOMOTIVE INC. 125.00 COMPLETE CAR CLEAN UP 00001692 232379 201179 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 125.00 332772 3/1812010 100347 PAUSTIS & SONS 706.50 232158 8253208 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,123.00 232159 8253207 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 26.25- 232160 8252720 -CM 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,803.25 332773 311812010 123191 PENTEON R55CKREG LOG20000 CITY OF EDINA 3/1712010 8:11:48 Council Check Register Page - 20 3/18/2010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 150.00 CITY EXTRA SERVICES 232254 16512 01213.1705.24 CONSULTING CONSTR MGMT PHASE 1 ARDEN, BRUCE, CASCO 150.00 CITY EXTRA SERVICES 232254 16512 01214.1705.24 CONSULTING CONSTR MGMT PHASE 2 DREXEL, WOODDALE, EDIN 150.00 CITY EXTRA SERVICES 232254 16512 07102.1705.24 CONSULTING CONSTR MGMT 5102 PROMENADE IMP PHASE I 150.00 CITY EXTRA SERVICES 232254 16512 01356.1705.24 CONSULTING CONSTR MGMT BA -356 MIRROR LAKES N'HOOD 150.00 CITY EXTRA SERVICES 232254 16512 01358.1705.24 CONSULTING CONSTR MGMT BA -358 S GARDEN ESTATES N'HOOD 2,650.00 CITY EXTRA SERVICES 232254 16512 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 3,400.00 332774 3/1812010 100945 PEPSI -COLA COMPANY 179.70 232255 51156277 5421.5510 COST OF GOODS SOLD GRILL 348.65 00007142 232380 51156278 5210.5510 COST OF GOODS SOLD GOLF DOME PROGRAM 528.35 332775 3/1812010 105806 PERFORMANCE KENNELS INC. 387.48 DOG FOOD, SUPPLEMENTS 232310 2217 4607.6406 GENERAL SUPPLIES EDINA CRIME FUND K9 DONATION 387.48 332776 311812010 124239 PERSONNEL EVALUATION INC. 60.00 JV PEP BILLINGS 232065 92353 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 60.00 332777 3/18/2010 100743 PHILLIPS WINE & SPIRITS 114.24 232471 2882387 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 717.16 232472 2882389 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 478.32 232473 2882388 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,459.67 232474 2882386 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 912.48 232475 2882384 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 689.38 232476 2882383 5822.5513 COST OF GOODS SOLD WINE SOTH ST SELLING 1,671.06 232477 2882381 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 273.36 232478 2882382 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 44.15 232479 2879826 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,110.04 232480 2882390 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 324.40 232481 2882392 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 622.30 232482 2882385 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 138.84 232483 2882391 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 31.00- 232484 3432721 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 15.50- 232485 3432722 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 73.00- 232486 3432723 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 9,435.90 332778 311812010 100958 PLUNKETT'S PEST CONTROL 44.52 PEST CONTROL 232383 1553101 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY R55CKREG LOG20000 232161 3,797.99 CITY OF EDINA COST OF GOODS SOLD LIQUOR YORK SELLING 1,916.00 332782 3118/2010 Council Check Register 102329 POWERPHONE INC. YORK SELLING 128.95 232163 279217 -00 3/18/2010 — 3/18/2010 5,670.00 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 5,670.00 1,625.60 44.52 279110 -00 5862.5513 332783 332779 3/1812010 114070 PRECISION AUTO UPHOLSTERY INC. 119620 POMP'S TIRE SERVICE INC. 601.81 TIRES 00001651 232256 395771 1553.6583 TIRES & TUBES CONTRACTED REPAIRS 174.63 TIRES 00001653 232311 401081 1553.6583 TIRES & TUBES 1553.6180 CONTRACTED REPAIRS 776.44 265.00 332780 311812010 100961 POSTMASTER - USPS 3/1812010 101811 PREMIER FLEET SERVICES 350.00 NEWSLETTER POSTAGE 232066 030910 1628.6235 POSTAGE 1,373.10 DUMP BOX REPAIRS 00001739 232385 350.00 1553.6180 CONTRACTED REPAIRS 332781 311812010 100961 POSTMASTER - USPS 3/17/2010 8:11:48 Page- 21 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN SENIOR CITIZENS 3,797.99 ABOUT TOWN POSTAGE 232312 031210 2210.6123 MAGAZINE/NEWSLETTER EXPENSE COMMUNICATIONS PSTF ADMINISTRATION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN ARENA ICE MAINT DISTRIBUTION 2,653.50 232161 3,797.99 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,916.00 332782 3118/2010 5842.5513 102329 POWERPHONE INC. YORK SELLING 128.95 232163 279217 -00 5842.5513 5,670.00 DISPATCHER TRAINING 00007429 232384 27385 7410.6218 EDUCATION PROGRAMS 5842.5513 COST OF GOODS SOLD WINE 5,670.00 1,625.60 232165 279110 -00 5862.5513 332783 311812010 114070 PRECISION AUTO UPHOLSTERY INC. 145.00 SEAT CUSHION REPAIR 00001643 232381 17445 1553.6180 CONTRACTED REPAIRS 120.00 SEAT CUSHION REPAIR 00001684 232382 17441 1553.6180 CONTRACTED REPAIRS 265.00 332784 3/1812010 101811 PREMIER FLEET SERVICES 1,373.10 DUMP BOX REPAIRS 00001739 232385 20899 1553.6180 CONTRACTED REPAIRS 1,373.10 332785 311812010 100966 PRINTERS SERVICE INC 800.04 BLADE SHARPENING 00008098 232067 246268 5521.6215 EQUIPMENT MAINTENANCE 800.04 332786 3118/2010 100969 PROGRESSIVE CONSULTING ENGINEE 1,721.64 RADON STUDY 00001900 232068 10010.02 5913.6103 PROFESSIONAL SERVICES 1,721.64 332787 3/1812010 100971 QUALITY WINE PSTF ADMINISTRATION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN ARENA ICE MAINT DISTRIBUTION 2,653.50 232161 279118 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,916.00 232162 278417 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 128.95 232163 279217 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 724.20 232164 279109 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,625.60 232165 279110 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 22 3/18/2010 ' - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 533.00 232166 279155 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 128.95 232167 279218 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,484.03 232168 279119 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 257.90 232169 27921940 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 509.00 232170 278418 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 502.40 232171 279111 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 668.17 232172 279120 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 137.20 232173 276952 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 31.98- 232174 275102 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5.84- 232175 275933 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 31.98- 232176 275108 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 11,199.10 332788 3/18/2010 123898 QWEST 87.09 952 926 -0419 232069 0419 -3/10 1646.6188 TELEPHONE BUILDING MAINTENANCE 522.47 612 E01 -8392 232070 8392 -3/10 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 523.02 612 E24 -8657 232071 8657 - 3/10 5420.6188 TELEPHONE CLUB HOUSE 293.76 612 E24 -8656 232072 8656 -3/10 1628.6188 TELEPHONE SENIOR CITIZENS 606.52 612 E12 -6797 232073 6797 -3/10 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 606.52 612 E01 -0426 232074 0426 -3110 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 18.72 651 281 -1355 8001311 232075 1311 -3110 1400.6188 TELEPHONE POLICE DEPT. GENERAL 52.22 952 926 -0092 232076 0092 -3/10 5913.6188 TELEPHONE DISTRIBUTION 76.42 952 835 -1474 232313 14743110 1552.6188 TELEPHONE CENT SVC PW BUILDING 139.04 952 285 -2951 232419 2951 -3110 1470.6188 TELEPHONE FIRE DEPT. GENERAL 2,925.78 332789 3/18/2010 100466 R & R PRODUCTS INC. 88.00 SEALS 00006175 232077 CD1302813 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 88.00 332790 311812010 125326 REACH LOCAL INC. 10.00 WEB - MEDIA 232078 030810 5822.6122 ADVERTISING OTHER 50TH ST SELLING 10.00 WEB - MEDIA 232078 030810 5842.6122 ADVERTISING OTHER YORK SELLING 10.00 WEB - MEDIA 232078 030810 5862.6122 ADVERTISING OTHER VERNON SELLING 236.66 WEB - MEDIA 232079 3/8/10 5862.6122 ADVERTISING OTHER VERNON SELLING 236.67 WEB - MEDIA 232079 318/10 5822.6122 ADVERTISING OTHER 50TH ST SELLING 236.67 WEB - MEDIA 232079 3/8/10 5842.6122 ADVERTISING OTHER YORK SELLING 740.00 332791 3/1812010 100975 RED WING SHOE STORE 148.71 SAFETY BOOTS 00001881 232080 725000001146 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 260.46 SAFETY BOOTS 00001881 232080 725000001146 1301.6610 SAFETY EQUIPMENT GENERAL MAINTEN' - R55CKREG LOG20000 1,891.96 CITY OF EDINA 744486 5420.6230 SERVICE CONTRACTS EQUIPMENT Council Check Register 1,891.96 3/18/2010 —3/18/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 332794 409.17 100985 RUFFRIDGE JOHNSON EQUIPMENT CO 332792 3/1812010 100980 ROBERT B. HILL CO. 52.53 SOFTENER SALT 00003648 232257 00232025 1470.6406 GENERAL SUPPLIES C54586 52.53 REPAIR PARTS EQUIPMENT OPERATION GEN 332793 3/1812010 100981 ROCHESTER MIDLAND 3/17/2010 8:11:48 Page - 23 Business Unit FIRE DEPT. GENERAL 1,891.96 RESTROOM SERVICE 00006462 232386 744486 5420.6230 SERVICE CONTRACTS EQUIPMENT CLUB HOUSE 1,891.96 332794 3/1812010 100985 RUFFRIDGE JOHNSON EQUIPMENT CO 863.91 CYLINDERS 00001871 232387 C54586 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 863.91 332795 3/1812010 101963 S & S SPECIALISTS 1,362.66 TREE TRIMMING 232081 36906 5422.6180 CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS 1,362.66 332796 3/1812010 100988 SAFETY KLEEN 113.07 PARTS WASHER FLUID 00001889 232258 MB0921555480 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 113.07 332797 3/1812010 101232 SALUD AMERICA INC. 452.00 232177 EMLS030510 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 452.00 332798 311812010 118168 SANSIO 53.44 SANFAX FOR HEALTH EMS 232259 INV016305 1470.6160 DATA PROCESSING FIRE DEPT. GENERAL 53.44 332799 3118/2010 125331 SCHELEN GRAY AUTO & ELECTRIC 634.85 EQUIPMENT REPAIRS 00001645 232388 4340 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 634.85 332800 3118/2010 105442 SCHERER BROS. LUMBER CO. 857.67 WOOD, SCREWS 00001810 232082 40823374 1318.6406 GENERAL SUPPLIES SNOW & ICE REMOVAL 857.67 332801 3/1812010 104151 SCHINDLER ELEVATOR CORP. 669.84 ELEVATOR MAINTENANCE 00001975 232314 8102550524 1375.6103 PROFESSIONAL SERVICES PARKING RAMP 669.84 R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 24 3/18/2010 — 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332802 311812010 105159 SEDGWICK HEATING & AIC 108.67 PERMIT REFUND 232260 ED098666 1495.4115 MECHANICAL PERMITS INSPECTIONS 108.67 332803 311812010 103339 SMITH- SHARPE FIRE BRICK SUPPLY 69.39 COMPUTER PARTS 00009147 232261 107898 5111.6710 EQUIPMENT REPLACEMENT ART CENTER BLDG /MAINT 69.39 332804 3118/2010 101004 SPS COMPANIES 47.38 PLUMBING PARTS 00002223 232389 S2165367.001 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 47.38 332805 311812010 103277 ST. JOSEPH EQUIPMENT CO INC 345.29 BRAKE PADS 00001737 232262 S177310 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 345.29 332806 3/1812010 117685 STAPLES ADVANTAGE 1,465.14 TONER CARTRIDGES 232315 100932516 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 1,465.14 332807 311812010 123856 STILES, CHARLES 1,325.00 AMBULANCE OVERPAYMENT 232415 031510 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,325.00 332808 3/1812010 101015 STREICHERS 37.33 AMMO 232316 1717913 1400.6551 AMMUNITION POLICE DEPT. GENERAL 37.33 332809 3/1812010 117992 STRINGER BUSINESS SYSTEMS 199.08 COPIER USAGE 232390 643921 7410.6575 PRINTING PSTF ADMINISTRATION 199.08 332810 3/1812010 104349 STRUCTURED NETWORK SOLUTIONS 100.00 WIRING REPAIR 232317 14046 5420.6188 TELEPHONE CLUB HOUSE 1,516.73 WIRELESS PHONE INSTALLATION 232318 14047 5420.6188 TELEPHONE CLUB HOUSE 1,616.73 332811 311812010 101017 SUBURBAN CHEVROLET 86.48 COVER KIT 00001731 232083 228070 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 26.86 HUB CAP 00001508 232391 217977 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 394.40 CYLINDERS, KEYS 00001938 232392 229185 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 507.74 R55CKREG LOG20000 738.00 232178 CITY OF EDINA 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,053.00 Council Check Register 00051 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,791.00 3118/2010 -3118/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 332812 311812010 125332 SUCCESS COMMUNICATIONS INC. 73.25 232180 581450 5862.5515 COST OF GOODS SOLD MIX 3,590.00 DISPATCHER TRAINING 232393 1159 7410.6218 EDUCATION PROGRAMS 5862.5514 COST OF GOODS SOLD BEER 2,590.00 DISPATCHER TRAINING 232394 1160 7410.6218 EDUCATION PROGRAMS 5862.5514 COST OF GOODS SOLD BEER 6,180.00 3,992.35 332813 3/18/2010 100900 SUN NEWSPAPERS 120700 TIGER OAK PUBLICATIONS INC. 75.08 PUBLISH ORD 2010 -4 232319 1237753 1120.6120 ADVERTISING LEGAL 5822.6122 ADVERTISING OTHER 75.08 283.33 MAGAZINE ADVERTISING 232432 2010 -42992 332814 3/1812010 YORK SELLING 121161 SUPER MEDIA LLC 283.34 MAGAZINE ADVERTISING 232432 2010 -42992 5862.6122 ADVERTISING OTHER 38.16 232263 030410 5861.6188 TELEPHONE 38.17 332818 3118/2010 232263 030410 5821.6188 TELEPHONE 38.17 232263 030410 5841.6188 TELEPHONE 1553.6580 WELDING SUPPLIES 114.50 98.71 WEDLING SUPPLIES 00001859 232085 298683 332815 311812010 STREET NAME SIGNS 120998 SURLY BREWING CO. 228.98 3/17/2010 8:11:48 Page - 25 Business Unit PSTF ADMINISTRATION PSTF ADMINISTRATION ADMINISTRATION VERNON OCCUPANCY 50TH ST OCCUPANCY YORK OCCUPANCY 738.00 232178 MVP00166 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,053.00 232179 00051 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,791.00 332816 3/1812010 101035 THORPE DISTRIBUTING COMPANY 73.25 232180 581450 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,856.10 232181 581451 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 63.00 232182 00740021 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,992.35 332817 311812010 120700 TIGER OAK PUBLICATIONS INC. 283.33 MAGAZINE ADVERTISING 232432 2010 -42992 5822.6122 ADVERTISING OTHER 50TH ST SELLING 283.33 MAGAZINE ADVERTISING 232432 2010 -42992 5842.6122 ADVERTISING OTHER YORK SELLING 283.34 MAGAZINE ADVERTISING 232432 2010 -42992 5862.6122 ADVERTISING OTHER VERNON SELLING 850.00 332818 3118/2010 101038 TOLL GAS & WELDING SUPPLY 132.27 WELDING SUPPLIES 00001726 232084 298682 1553.6580 WELDING SUPPLIES EQUIPMENT OPERATION GEN 98.71 WEDLING SUPPLIES 00001859 232085 298683 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 228.98 332819 311812010 101693 TOTAL REGISTER SYSTEMS 61.77 SHELF LABELS 232264 25097 5862.6406 GENERAL SUPPLIES VERNON SELLING 97.80 SCANNER CABLE, SHELF LABELS 232265 25083 5842.6406 GENERAL SUPPLIES YORK SELLING 166.18 SCANNER CABLE, SHELF LABELS 232265 25083 5862.6406 GENERAL SUPPLIES VERNON SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/18/2010 - 3/18/2010 Check # Date Amount Supplier / Explanation PO # Doe No Inv No Account No Subledger Account Description 1553.6530 4298.6103 5422.6530 5422.6530 5422.6530 1553.6530 1553.6530 1553.6530 1400.6175 1552.6530 REPAIR PARTS 3/17/2010 8:11:48 Page - 26 Business Unit EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES HEALTH SPECIAL ASSESSMENT REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS MAINT OF COURSE & GROUNDS MAINT OF COURSE & GROUNDS MAINT OF COURSE & GROUNDS EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PHYSICAL EXAMINATIONS POLICE DEPT. GENERAL REPAIR PARTS 1500.6103 325.75 1550.6155 BANK SERVICES CHARGES 5840.6406 332820 311812010 5913.6260 123649 TOWMASTER 1301.6556 TOOLS 1281.6104 57.28 LATCH, HOOK 00001733 232320 319229 57.28 332821 3118/2010 101374 TOWN & COUNTRY FENCE 2,750.00 ARDEN AVE FENCING 232086 22731 2,750.00 332822 3/18/2010 118190 TURFWERKS LLC 41.40 BUSHINGS 232425 J125829 568.64- TIRE RETURN 232426 0000684 54.08 TINES 00006182 232427 T120619 1,635.37 FILTERS, SPRINGS, WHEELS 00001980 232428 JI25922 241.90 RUBBER LINERS 00001433 232429 J125830 317.87 FORKS 00001429 232430 J125732 1,721.98 332823 3118/2010 123969 TWIN CITIES OCCUPATIONAL HEALT 74.80 FITNESS FOR DUTY 232395 101642718 74.80 332824 311812010 101047 TWIN CITY GARAGE DOOR CO 139.92 REPAIR DOOR 00001878 232087 328965 139.92 332825 3/1812010 115379 U.S. BANK 17.90 NET ZERO 232266 030310 78.20 INTERNET 232266 030310 40.95 ROCKLER WOODWORK 232321 MAR0310 215.00 HENNEPIN COUNTY PW 232321 MAR0310 374.83 ACME TOOLS 232321 MAR0310 385.48 PAPA JOHNS 232321 MAR0310 550.93 SCHELEN GRAY AUTO ELEC 232321 MAR0310 1,663.29 332826 311812010 101061 UNIFORMS UNLIMITED 3,641.96 UNIFORMS 232322 022810 3,641.96 332827 3/4"110 114236 USA BLUE BOOK 1553.6530 4298.6103 5422.6530 5422.6530 5422.6530 1553.6530 1553.6530 1553.6530 1400.6175 1552.6530 REPAIR PARTS 3/17/2010 8:11:48 Page - 26 Business Unit EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES HEALTH SPECIAL ASSESSMENT REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS REPAIR PARTS MAINT OF COURSE & GROUNDS MAINT OF COURSE & GROUNDS MAINT OF COURSE & GROUNDS EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PHYSICAL EXAMINATIONS POLICE DEPT. GENERAL REPAIR PARTS 1500.6103 PROFESSIONAL SERVICES 1550.6155 BANK SERVICES CHARGES 5840.6406 GENERAL SUPPLIES 5913.6260 LICENSES & PERMITS 1301.6556 TOOLS 1281.6104 CONFERENCES & SCHOOLS 1553.6530 REPAIR PARTS 1400.6203 UNIFORM ALLOWANCE CENT SVC PW BUILDING CONTINGENCIES CENTRAL SERVICES GENERAL LIQUOR YORK GENERAL DISTRIBUTION GENERAL MAINTENANCE TRAINING EQUIPMENT OPERATION GEN POLICE DEPT. GENERAL R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 27 3/18/2010 —3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 99.74 CHAIN WITH HOOKS 00001873 232396 102836 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 99.74 332828 3/1812010 100410 USA MOBILITY WIRELESS INC. 13.26 PAGER 232323 T6096083C 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 292.70 PAGERS 232324 T0319246C 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL 305.96 332829 3/18/2010 100050 USPS- HASLER 4,000.00 ACCT #75983 232397 031210 1550.6235 POSTAGE CENTRAL SERVICES GENERAL 4,000.00 332830 311812010 122554 VALLEY NATIONAL GASES LLC 220.72 OXYGEN 00003649 232267 724867 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 220.72 332831 311812010 101058 VAN PAPER CO. 228.18 LIQUOR BAGS, TOWELS 00007512 232088 152656 -00 5842.6512 PAPER SUPPLIES YORK SELLING 104.33 LIQUOR BAGS 232268 152657 -00 5822.6512 PAPER SUPPLIES 50TH ST SELLING 332.51 332832 3118/2010 101063 VERSATILE VEHICLES INC. 2,217.00 ENGINE 00006181 232089 46783 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 2,217.00 332833 3118/2010 125327 VINOANDES 803.50 232183 1324 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 803.50 332834 3/1812010 119454 VINOCOPIA 333.00 232184 0023650 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 333.00 332835 3118/2010 100023 VOGEL, ROBERT C. 1,275.00 CONSULTING SERVICES 232090 210009 1140.6103 PROFESSIONAL SERVICES PLANNING 1,275.00 332836 3118/2010 101075 WEIGLE, SUE 70.00 M.A.S.S. DUES /CONFERENCE 232325 031010 1628.6104 CONFERENCES & SCHOOLS SENIOR CITIZENS 70.00 332837 3/18/2010 124199 WEST GOVERNMENT SERVICES R55CKREG LOG20000 Check # Date Amount Supplier / Explanation COST OF GOODS SOLD WINE 480.00 FEB 2010 CLEAR CHARGES 238409 -00 480.00 COST OF GOODS SOLD WINE 332838 3/18/2010 232187 101973 WILMOT, SOLVEI 5862.5513 30.50 MILEAGE REIMBURSEMENT 232188 89.00 MILEAGE REIMBURSEMENT COST OF GOODS SOLD WINE 119.50 232189 332839 3118/2010 5862.5513 101033 WINE COMPANY, THE VERNON SELLING 315.90 46866 5842.5513 620.63 YORK SELLING 232493 120.00 5822.5513 COST OF GOODS SOLD WINE 614.45 VERNON SELLING 120.00- 1,550.98 332840 3/18/2010 101312 WINE MERCHANTS 190.99 405.72 513.09 1,122.08 .56 is nn_ CITY OF EDINA Council Check Register 3/18/2010 - 3/18/2010 PO # Doc No Inv No Account No Subledger Account Description 232326 AB0002066931 1400.6103 PROFESSIONAL SERVICES 232269 030910 5952.6107 MILEAGE OR ALLOWANCE 232269 030910 1490.6107 MILEAGE OR ALLOWANCE 3/1712010 8:11:48 Page - 28 Business Unit POLICE DEPT. GENERAL RECYCLING PUBLIC HEALTH 232185 238410 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 232186 238409 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232187 237997 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232188 238248 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232189 237996 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232487 309892 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232488 309894 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232489 309891 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 232490 309895 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232491 309893 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232492 46866 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232493 46865 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 332841 3118/2010 124291 WIRTZ BEVERAGE MINNESOTA 3,237.33 232190 370738 65.04 232191 370742 1,615.15 232192 370740 1,561.18 232193 370741 4,639.78 232194 370737 6,428.46 232195 370744 67.24 232196 370745 2,957.54 232197 366572 5,600.83 232198 370743 2,789.75 232494 372624 28,962.30 332842 3/1812010 124529 WIRTZ BEVERAGE MINNESOTA BEER 110.00 232199 578817 2,836.86 232200 576203 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3/17/2010 8:11:48 Council Check Register Page - 29 3/1812010 - 3/18/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 785.00 232201 576446 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 160.00 232202 576204 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 666.90 232203 578806 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 3,473.80 232204 579650 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 22.00 232205 579651 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 64.50 232206 579652 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,526.81 232207 578818 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,478.00 232208 579087 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 118.80- 232209 000269 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 120.00- 232495 580669 5421.5514 COST OF GOODS SOLD BEER GRILL 1,071.52 232496 581267 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,980.72 232497 581491 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 23.50- 232498 000316 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 16,913.81 332843 311812010 101066 WORLD CLASS WINES INC 757.65 232210 244508 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,413.07 232211 244506 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,170.72 332844 3/1812010 101726 XCEL ENERGY 15.31 51- 4151897 -6 232091 230258051 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 32.07 51- 7567037 -0 232092 230311445 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 813.10 51- 6979948 -4 232093 230152434 5821.6185 LIGHT & POWER 50TH ST OCCUPANCY 1,188.16 51- 6979948 -4 232093 230152434 5861.6185 LIGHT & POWER VERNON OCCUPANCY 1,683.34 51- 6979948 -4 232093 230152434 5841.6185 LIGHT & POWER YORK OCCUPANCY 244.78 51- 6137136 -8 232094 230136365 5430.6185 LIGHT & POWER RICHARDS GOLF COURSE 3,816.68 51- 6824328 -7 232095 230470597 5420.6185 LIGHT & POWER CLUB HOUSE 5,264.36 51- 5888961 -7 232096 230689460 1375.6185 LIGHT & POWER PARKING RAMP 4,017.97 51- 5619094 -8 232097 230612841 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 132.87 51- 6621207 -1 232098 230300855 5913.6185 LIGHT & POWER DISTRIBUTION 162.28 51- 9013604 -6 232099 230334375 5913.6185 LIGHT & POWER DISTRIBUTION 626.29 51- 5634814 -2 232100 229784741 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 2,134.57 51 -4159265 -8 232398 229254954 7411.6185 LIGHT & POWER PSTF OCCUPANCY 363.14 51- 4197645 -8 232399 230752264 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 2,713.45 51- 6840050 -6 232420 230803435 5921.6185 LIGHT & POWER SANITARY LIFT STATION MAINT 19,804.27 51- 5605640 -1 232421 230693259 5911.6185 LIGHT & POWER WELL PUMPS 4,588.77 51- 6121102 -5 232422 230791192 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 47,601.41 332845 3/18/2010 100568 XEROX CORPORATION 111.63 FEB USAGE 232270 046340029 5110.6151 EQUIPMENT RENTAL ART CENTER ADMINISTRATION R55CKREG LOG20000 101091 ZIEGLER INC CITY OF EDINA 700.00 LIGHT PLANTS 00001013 232101 Council Check Register 161.58- CREDIT 232102 3/18/2010 — 3/1812010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 111.63 EQUIPMENT REPAIRS 00001540 232400 SW060046775 332846 3/1812010 119647 YOCUM OIL COMPANY INC. 8,616.41 DIESEL FUEL 00001010 232271 974097 1553.6581 14,222.28 UNLEADED GASOLINE 00001010 232272 974371 1553.6581 14,215.17 UNLEADED FUEL 00001010 232431 971591 1553.6581 37,053.86 332847 3/1812010 120099 Z WINES USA LLC 232499 9356 332848 3/1812010 101091 ZIEGLER INC 700.00 LIGHT PLANTS 00001013 232101 H6689601 161.58- CREDIT 232102 PR000114744 450.00 GENERATOR MAINTENANCE 232327 E6395912 592.90 EQUIPMENT REPAIRS 00001540 232400 SW060046775 1,581.32 636,085.35 Grand Total 5842.5513 1399.6151 1553.6530 1551.6180 1553.6180 Subledger Account Description Business Unit Payment Instrument Totals Check Total 636,085.35 Total Payments 636,085.35 GASOLINE GASOLINE GASOLINE 3117/2010 8:11:48 Page - 30 EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN COST OF GOODS SOLD WINE YORK SELLING EQUIPMENT RENTAL REPAIR PARTS CONTRACTED REPAIRS CONTRACTED REPAIRS PW SPECIAL PROJECTS EQUIPMENT OPERATION GEN CITY HALL GENERAL EQUIPMENT OPERATION GEN R55CKSU(v, _320000 CITY t. AA 3/17, 8:13:05 Council Check Summary Page - 1 3118/2010 - 3/18/2010 Company Amount 01000 GENERAL FUND 156,183.79 02200 COMMUNICATIONS FUND 7,848.68 02300 POLICE SPECIAL REVENUE 400.00 04000 WORKING CAPITAL FUND 11,119.23 04800 CONSTRUCTION FUND 15,609.48 05100 ART CENTER FUND 16,611.51 05200 GOLF DOME FUND 21,797.27 05300 AQUATIC CENTER FUND 39.23 05400 GOLF COURSE FUND 62,722.19 05500 ICE ARENA FUND 52,217.13 05600 EDINBOROUGH/CENT LAKES FUND 15,634.90 05800 LIQUOR FUND 162,400.26 05900 UTILITY FUND 56,791.92 05930 STORM SEWER FUND 1,542.17 05950 RECYCLING FUND 38,318.60 07400 PSTF AGENCY FUND 16,848.99 Report Totals 636,085.35 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 pol'c!as and procedures date Finance Brire&tor Manager R55CKREG LOG20000 MERCHANDISE 232763 CITY OF EDINA 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 307.68 Council Check Register 332856 312512010 100665 AMSAN 3/19/2010 -3/25/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 332849 3/1912010 00001465 232525 124957 BERNARD L DALSIN COMPANY 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 45.46 CLEANING SUPPLIES 00001466 232526 65,550.00 PARTIAL PAYMENT NO. 3 232699 MAR192010 4402.1705.30 CONTRACTOR PAYMENTS 65,550.00 332857 3/2512010 111440 ANTIGUA GROUP INC., THE 332850 3125/2010 118261 2ND WIND EXERCISE INC. MERCHANDISE 232636 3317647 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 468.36 TREADMILL REPAIRS 232801 21- 024088 5620.6180 CONTRACTED REPAIRS PRO SHOP RETAIL SALES 2,139.82 468.36 332851 3125/2010 101833 A.T.O.M. 800.00 LAW ENFORCEMENT TRAINING 232871 23552784 1400.6104 CONFERENCES 8 SCHOOLS 800.00 332852 3125/2010 102971 ACE ICE COMPANY 40.80 232587 0805347 5822.5515 COST OF GOODS SOLD MIX 50.00 232723 0723517 5862.5515 COST OF GOODS SOLD MIX 74.80 232724 0805348 5862.5515 COST OF GOODS SOLD MIX 165.60 332853 312512010 106476 ACE TRAILER SALES 5.34 LUBRICANT 00001984 232700 S021296 1553.6530 REPAIR PARTS 5.34 332854 3/25/2010 123309 ACTION FLEET INC. 92.12 VEHICLE MAINTENANCE 232634 7263 1400.6215 EQUIPMENT MAINTENANCE 903.30 VEHICLE MAINTENANCE 232635 7269 1400.6215 EQUIPMENT MAINTENANCE 995.42 332855 3125/2010 101166 AHEAD INC 3/2412010 8:09:27 Page - 1 Business Unit PW BUILDING EDINBOROUGH PARK POLICE DEPT. GENERAL 50TH ST SELLING VERNON SELLING VERNON SELLING EQUIPMENT OPERATION GEN POLICE DEPT. GENERAL POLICE DEPT. GENERAL 307.68 MERCHANDISE 232763 INV0042717 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 307.68 332856 312512010 100665 AMSAN 403.80 CLEANING SUPPLIES 00001467 232524 219581501 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 38.80 CLEANING SUPPLIES 00001465 232525 219755550 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 45.46 CLEANING SUPPLIES 00001466 232526 219755543 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 488.06 332857 3/2512010 111440 ANTIGUA GROUP INC., THE 1,092.86 MERCHANDISE 232636 3317647 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,046.96 MERCHANDISE 232637 3317565 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,139.82 R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 2 3/19/2010 -3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332858 3125/2010 101276 APRES 6.50 COMMERCIAL PROPS 232872 130810 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 6.50 332859 312512010 103680 ARAMARK REFRESHMENT SRVCS 362.06 COFFEE 232638 415694 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 230.58 COFFEE 232639 415823 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 133.76 COFFEE 232802 415826 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 726.40 332860 3/2512010 124292 ARCHER, RYAN 476.00 GOLF CLUB 00006350 232640 105 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 476.00 332861 312512010 102615 BADGER METER INC 989.00 UTILITY SERVICE AGREEMENT 00001907 232527 85072701 5916.6103 PROFESSIONAL SERVICES METER READING 989.00 332862 3/25/2010 100643 BARR ENGINEERING CO. 750.00 SANITARY SEWER COMP PLAN 232641 232701-106.00 -17 5923.6136 PROFESSIONAL SVC - OTHER COLLECTION SYSTEMS 750.00 332863 3125/2010 102449 BATTERY WHOLESALE INC. 149.76 BATTERIES 00001999 232701 576 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 285.04 BATTERIES 00001999 232702 866 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 434.80 332864 3125/2010 101355 BELLBOY CORPORATION 1.56 232588 52500800 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 92.00 232589 52500700 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,473.70 232589 52500700 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,535.30 232725 52474200 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 91.07 232726 83400700 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 129.66 232727 5909400 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 12.65 232728 83375700 5860.6406 GENERAL SUPPLIES VERNON LIQUOR GENERAL 2.05 232827 52512200 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 177.65 232828 52587200 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 135.17 232829 83429400 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 165.56 232830 83375600 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,816.37 332865 3/25/2010 105833 BERGERSON - CASWELL INC. R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 3 3/19/2010 -3/25/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 15,675.00 PARTIAL PAYMENT NO.2 232888 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 15,675.00 332866 312512010 124957 BERNARD L. DALSIN COMPANY 93,385.00 PARTIAL PAYMENT NO.4 232889 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 93,385.00 332867 312512010 104053 BIOCLEAN MOBILE WASH INC. 682.93 VEHICLE WASHES 00001998 .232703 12752 1553.6238 CAR WASH EQUIPMENT OPERATION GEN 682.93 332868 312512010 124734 BLUE EARTH ENVIRONMENTAL CO.1 10,639.05 PARTIAL PAYMENT NO.5 232890 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 10,639.05 332869 312512010 100659 BOYER TRUCK PARTS 346.70 HANDLES 00001719 232528 378660 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 123.37 DAMPER, SEAT BELT 00001657 232529 383520X1 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 8.71 BUSHINGS, CLIP 00001657 232530 383520 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 478.78 332870 312512010 122318 BRAEMAR GOLF COURSE 75.00 SAFE ASSURE SEMINAR 232704 030410 1550.6103 PROFESSIONAL SERVICES CENTRAL SERVICES GENERAL 75.00 332871 3/25/2010 100884 BRAUN INTERTEC 990.00 SOIL BORING 232642 317664 04358.1705.20 CONSULTING DESIGN STS -358 PAMELA PARK 990.00 332872 3/25/2010 119455 CAPITOL BEVERAGE SALES 4,132.05 232590 19538 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 15.50 232591 19539 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 504.05 232592 19535 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 4,651.60 332873 312512010 116683 CAT & FIDDLE BEVERAGE 235.00 232593 85590 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 754.00 232594 85668 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 45.00- 232831 85569 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 944.00 332874 312512010 100681 CATCO R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 4 3/19/2010 -3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 111.21 HYDRAULIC CYLINDER 00001698 232705 17 -25500 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 133.46 HYDRAULIC CYLINDER 00001698 232706 17 -25501 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 244.67 332875 312512010 117433 CENTURY FENCE CO. 296.00 GATE REPAIRS 232803 9901000 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 296.00 332876 312512010 123895 CHIM- CHIMINEY CHIMNEY SWEEP 300.00 3 CHIMNEY SWEEPS 232707 031610 5630.6180 CONTRACTED REPAIRS CENTENNIAL LAKES 300.00 332877 312512010 119725 CHISAGO LAKES DISTRIBUTING CO 69.95 232595 413468 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 263.48 232596 413696 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 333.43 332878 312512010 122084 CITY OF EDINA - UTILITIES 73.79 00102561- 0112920000 232531 112920000 -3/10 5841.6189 SEWER & WATER YORK OCCUPANCY 44.96 00079303 - 0155300009 232532 155300009 -3/10 5511.6189 SEWER & WATER ARENA BLDG /GROUNDS 289.72 00079303 - 0155300018 232533 155300018 -3/10 5511.6189 SEWER & WATER ARENA BLDG /GROUNDS 44.96 00110793 - 0173001001 232643 173001001 -3/10 5210.6189 SEWER & WATER GOLF DOME PROGRAM 44.96 00110793 - 0173001000 232644 173001000 -3/10 5420.6189 SEWER & WATER CLUB HOUSE 44.96 00110793 - 0155250009 232645 155250009- 3/10 5420.6189 SEWER & WATER CLUB HOUSE 77.88 00110793 - 0155250018 232646 155250018 - 3/10 5420.6189 SEWER & WATER CLUB HOUSE 2,831.74 00110793 - 0155200000 232647 155200000 -3/10 5420.6189 SEWER & WATER CLUB HOUSE 289.72 00113667- 0120835016 232648 120835016 -3/10 5111.6189 SEWER & WATER ART CENTER BLDG /MAINT 225.89 00113607- 0170005201 232764 170005201 -3/10 1470.6189 SEWER & WATER FIRE DEPT. GENERAL 1,542.06 00077479 - 0113317143 232804 113317143 -3/10 5620.6189 SEWER & WATER EDINBOROUGH PARK 325.98 00103650 - 0155252016 232805 155252016 -3110 7411.6189 SEWER & WATER PSTF OCCUPANCY 40.56 00103650- 0155251026 232806 155251026 -3/10 7411.6189 SEWER & WATER PSTF OCCUPANCY 19.62 00103650 - 0155251008 232807 155251008 -3/10 7411.6189 SEWER & WATER PSTF OCCUPANCY 5,896.80 332879 312512010 100692 COCA -COLA BOTTLING CO. 368.80 232832 0108022311 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 368.80 332880 3125/2010 101323 CONNEY SAFETY PRODUCTS 17.52 SAFETY GLASSES, GLOVES 00001892 232534 03627462 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 916.35 SAFETY GLASSES, GLOVES 00001892 232534 03627462 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 933.87 R55CKREG LOG20000 453.60 CITY OF EDINA 232597 3151019 5842.5514 COST OF GOODS SOLD BEER YORK SELLING Council Check Register 453.60 3/1912010 - 3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 332881 312512010 100697 COOL AIR MECHANICAL INC. 74.91 DAIRY 232650 030810 5421.5510 295.75 BOILER ALARM RESPONSE 00008010 232808 70180 5511.6180 CONTRACTED REPAIRS 295.75 332886 332882 3125/2010 102478 DAY DISTRIBUTING CO. 100700 CURTIS 1000 605.56 ENVELOPES 00003052 232765 2535555 1400.6575 PRINTING 5862.5514 COST OF GOODS SOLD BEER 605.56 1,287.27 332883 312512010 5842.5514 104020 DALCO YORK SELLING 1,329.75 933.98 WYPALL, LINERS, TISSUE 00008097 232535 2190840 5511.6511 CLEANING SUPPLIES 517.74 .SCRUBBER REPAIR/PARTS 232649 2181159 5111.6180 CONTRACTED REPAIRS COST OF GOODS SOLD BEER VERNON SELLING 1,451.72 43.00 232602 332884 3125/2010 COST OF GOODS SOLD MIX 124422 DANIMAL DISTRIBUTING INC. 4,805.66 3/24/2010 8:09:27 Page - 5 Business Unit ARENA BLDG /GROUNDS POLICE DEPT. GENERAL ARENA BLDG /GROUNDS ART CENTER BLDG/MAINT 453.60 232597 3151019 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 453.60 332885 3125/2010 100710 DAVE'S DAIRY 74.91 DAIRY 232650 030810 5421.5510 COST OF GOODS SOLD GRILL 74.91 332886 3125/2010 102478 DAY DISTRIBUTING CO. 43.90 232598 543015 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,287.27 232599 543938 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,329.75 232600 543937 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,018.14 232601 543014 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 43.00 232602 543935 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 4,805.66 232603 543936 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 10,527.72 332887 312512010 100718 DELEGARD TOOL CO. 15.60 RATCHET, SCREWDRIVERS 00001996 232708 464952 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 10.20 BITS 00001538 232709 460095 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 732.37 GRINDER, WRENCHES 00001658 232710 464812 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 758.17 332888 312512010 100720 DENNYS 5TH AVE. BAKERY 60.36 BAKERY 232766 327756 5421.5510 COST OF GOODS SOLD GRILL 60.36 332899 312512010 102831 DEX EAST R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 6 3/19/2010 —3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 139.00 232809 650487671 -3/10 5511.6188 TELEPHONE ARENA BLDG /GROUNDS 139.00 332890 312512010 125357 DIODATO, MICHAEL 558.00 AMBULANCE OVERPAYMENT 232873 031810 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 558.00 332891 312512010 102659 DPD 232.56 ICE SHOW TICKETS 00008000 232810 E34320011 5510.6575 PRINTING ARENA ADMINISTRATION 232.56 332892 3125/2010 101747 DRESSER TRAP ROCK INC. 983.38 FA -2 CHIPS 00005444 232651 70198 1301.6518 BLACKTOP GENERAL MAINTENANCE 983.38 332893 3125/2010 119716 EASTERN PACIFIC APPAREL INC. 1,558.40 MERCHANDISE 232767 432741 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,558.40 332894 3125/2010 102955 EDINA PUBLIC SCHOOLS 162.00 SUPER SUNDAY BUS 2/28/2010 232711 10 -009 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 162.00 332895 3125/2010 100549 ELECTRIC PUMP INC. 1,793.39 IMPELLER 00001617 232536 0040682 -IN 5921.6530 REPAIR PARTS SANITARY LIFT STATION MAINT 1,793.39 332896 3/2512010 106213 EMSAR INC. 890.85 COT MAINTENANCE 232768 SI -13555 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 365.96 COT MAINTENANCE 00DO3686 232769 SI -13347 1470.6530 REPAIR PARTS FIRE DEPT. 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ZAMBONI & CO. INC. 105,000.00 ZAMBONI ICE RESURFACER 00007090 232540 28606 5500.1740 MACHINERY & EQUIPMENT ICE ARENA BALANCE SHEET 105,000.00 332908 3/2512010 101931 GEAR FOR SPORTS 846.98 MERCHANDISE 232656 11370998 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 8 3/19/2010 - 3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,784.69 MERCHANDISE 232657 11370997 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,394.18 MERCHANDISE 232658 11370996 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 4,025.85 332909 312512010 119121 GENERAL SHEET METAL CO. INC. 232,243.65 PARTIAL PAYMENT NO. 5 232892 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 232,243.65 332910 3/25/2010 101178 GOPHER 488.70 SCOOTERS, BALLS 232811 8063184 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 488.70 332911 3125/2010 102645 GRAFFITI CONTROL SERVICES 113.71 GRAFFITI REMOVAL 00001819 232541 497 1646.6180 CONTRACTED REPAIRS BUILDING MAINTENANCE 113.71 332912 312512010 101103 GaRAINGER 236.13 SPRAY PRIMER 00001876 232542 9198579501 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 372.10 TORCHES, HAT LINERS 00001876 232542 9198579501 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 16.13 LOCATOR CALIBRATION 00001887 232543 9200144385 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 229.82 MARKING PAINT 00001887 232544 9200144377 5913.6532 PAINT DISTRIBUTION 107.00 CABLE TIES, BULBS 00001872 232545 9199254948 5913.6406 GENERAL SUPPLIES DISTRIBUTION 161.49 CABLE TIES, BULBS 00001872 232546 9199254930 5913.6406 GENERAL SUPPLIES DISTRIBUTION 21.20 SOCKETS 00002018 232659 9195697389 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 20.49 CASTER KIT, RUBBER TIP 00002018 232714 9195697371 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 1,164.36 332913 3125/2010 102670 GRAND PERE WINES INC 276.00 232729 00024617 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 353.00 232730 00024655 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 629.00 332914 3/25/2010 120201 GRANICUS INC. 829.64 WEBSTREAMING -APRIL 232874 17423 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 829.64 332915 3/25/2010 102217 GRAPE BEGINNINGS INC 98.25 232731 117300 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 573.50 232732 117298 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 671.75 332916 312 -110 102125 GREG LESSMAN SALES R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 9 3/19/2010 —3/25/2010 Check # Date Amount Supplier I Explanation PO # Doe No Inv No Account No Subledger Account Description Business Unit 1,563.27 MERCHANDISE 00006408 232660 41271 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,563.27 332917 3/2512010 105539 GREYSTONE CONSTRUCTION CO. 14,725.00 PARTIAL PAYMENT NO. 3 232893 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 14,725.00 332918 3/2512010 104459 GS DIRECT INC. 58.67 PLOTTER PRINTER PAPER 00001200 232661 266570 1260.6548 BLUE PRINTING ENGINEERING GENERAL 58.67 332919 3/25/2010 102320 HAMCO DATA PRODUCTS 180.06 REGISTER PAPER 00007516 232715 268186 5862.6512 PAPER SUPPLIES VERNON SELLING 180.06 332920 3/2512010 100797 HAWKINS INC. 6,761.80 CHEMICALS 00005451 232716 3101421 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 6,761.80 332921 3125/2010 122093 HEALTH PARTNERS 174,009.79 PREMIUM 232776 34308919 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 30,722.76 PREMIUM 232777 34306366 1550.6043 COBRA INSURANCE CENTRAL SERVICES GENERAL 204,732.55 332922 312512010 105436 HENNEPIN COUNTY INFORMATION 72.79 TRANSACTION PROCESSING 232547 2100262 -025 1190.6105 DUES 8 SUBSCRIPTIONS ASSESSING 72.79 332923 3125/2010 100801 HENNEPIN COUNTY TREASURER 3,424.50 FEB 2010 ROOM & BOARD 232875 20102 - EDINA 1195.6225 BOARD & ROOM PRISONER LEGAL SERVICES 3,424.50 332924 312512010 115377 HENRICKSEN PSG 60.00 CHAIR REPAIR 232662 446781 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 60.00 CHAIR REPAIR 232663 446780 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 120.00 332925 3/25/2010 101281 HERSHEY, JERRY 323.94 UNIFORM PURCHASE 232664 031710 5913.6201 LAUNDRY DISTRIBUTION 323.94 332926 312512010 103763 HILLYARD INC - MINNEAPOLIS R55CKREG LOG20000 CITY OF EDINA 3124/2010 8:09:27 Council Check Register Page - 10 3/19/2010 - 3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 836.19 SOAP 00002232 232812 6235170 5620.6511 CLEANING SUPPLIES EDINBOROUGH PARK 836.19 332927 3/2512010 100805 HIRSHFIELD'S 14.32 PAINTING SUPPLIES 00006459 232665 003382025 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 14.32 332928 312512010 104375 HOHENSTEINS INC. 841.95 232604 514997 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 56.00 232605 514998 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,251.50 232733 515723 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 145.50 232734 515724 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,294.95 332929 3125/2010 101697 HORIZON GRAPHICS INC 251.34 BROCHURES 00006466 232666 29789 5410.6575 PRINTING GOLF ADMINISTRATION 251.34 332930 3/2512010 100814 INDELCO PLASTICS CORP. 220.42 PIPE, FITTINGS, VALVES 00001981 232717 598677 5915.6406 GENERAL SUPPLIES WATER TREATMENT 220.42 332931 3/2512010 124628 J E DUNN CONSTRUCTION 55,398.00 NEW PW BLDG CONSTRUCTION 232899 8115 -8 4402.1705.24 CONSULTING CONSTR MGMT PW BUILDING 55,398.00 332932 3125/2010 100741 JJ TAYLOR DIST. OF MINN 129.60 232606 1369055 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 6,156.41 232607 1369053 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 4,475.40 232608 1369101 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 13,529.43 232833 1369107 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 24,290.84 332934 3125/2010 100835 JOHNSON BROTHERS LIQUOR CO. 357.60 232735 1797100 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 780.14 232736 1796698 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 978.55 232737 1800680 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 30.05- 232738 451993 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 112.12- 232739 451994 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 341.69 232834 1800660 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 679.12 232835 1800662 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 306.75 232836 1800661 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING R55CKREG LOG20000 Business Unit COST OF GOODS SOLD LIQUOR CITY OF EDINA 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD MIX Council Check Register COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING 3/19/2010 -3125/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No COST OF GOODS SOLD WINE 112.12 COST OF GOODS SOLD WINE 232837 1800659 5822.5512 COST OF GOODS SOLD WINE 508.58 COST OF GOODS SOLD WINE 232838 1800663 5822.5512 COST OF GOODS SOLD BEER 777.14 COST OF GOODS SOLD BEER 232839 1800664 5822.5512 1.12 232840 1800666 5842.5515 582.72 232841 1800667 5842.5512 1,391.17 232842 1800670 5842.5512 1,648.48 232843 1800673 5842.5512 1.12 232844 1800668 5842.5513 2,004.67 232845 1800674 5842.5513 2,549.67 232846 1800675 5842.5512 1,282.22 232847 1800672 5842.5513 1,699.22 232848 1800671 5842.5513 7.01- 232849 452955 5842.5512 38.32- 232850 452956 5842.5513 6.24- 232851 452957 5842.5513 66.40- 232852 452429 5842.5513 1.11- 232853 452959 5842.5514 5.78- 232854 452958 5842.5514 15,735.05 332935 3125/2010 116296 KING PAR CORPORATION 1,496.91 MERCHANDISE 232778 2519718 5440.5511 8.47 MERCHANDISE 232779 2520299 5440.5511 1,505.38 332936 3/2512010 122074 KNOLLMAIER, LAURA 20.20 PETTY CASH 232667 031710 5631.6105 56.40 PETTY CASH 232667 031710 5630.5510 86.30 PETTY CASH 232667 031710 5630.6406 162.90 332937 3125/2010 105887 KOESSLER, JOE 168.00 FEB SERVICE 232668 020110 1628.6103 168.00 332938 3/25/2010 100852 LAWSON PRODUCTS INC. 55.58 CUT OFF WHEELS 00001874 232548 8997555 1646.6556 55.58 332939 312512010 101552 LEAGUE OF MINNESOTA CITIES 20.00 WORKSHOP - JACK SULLIVAN 232669 138666 1260.6104 20.00 3/24/2010 8:09:27 Page- 11 Subledger Account Description Business Unit COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR 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 COST OF GOODS SOLD LIQUOR YORK 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 BEER YORK SELLING COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS - PRO SHOP COST OF GOODS - PRO SHOP DUES & SUBSCRIPTIONS COST OF GOODS SOLD GENERAL SUPPLIES PRO SHOP RETAIL SALES PRO SHOP RETAIL SALES CENTENNIAL ADMINISTRATION CENTENNIAL LAKES CENTENNIAL LAKES PROFESSIONAL SERVICES SENIOR CITIZENS TOOLS CONFERENCES & SCHOOLS BUILDING MAINTENANCE ENGINEERING GENERAL R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 12 3/19/2010 — 3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332940 312512010 125356 LEWIS, JEAN 149.69 UTILITY OVERPAYMENT REFUND 232876 031610 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 149.69 332941 3/25/2010 117681 LINDSTROM EMBROIDERY INC. 300.00 UNIFORM CAPS 00003689 232780 4453 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 300.00 332942 3/2512010 100857 LITTLE FALLS MACHINE INC. 875.06 CARRIAGE ASSEMBLY 00001702 232670 00044249 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 875.06 332943 3/2512010 100858 LOGIS 1,147.00 232781 31916 1554.6160 DATA PROCESSING CENT SERV GEN - MIS 2,565.50 232781 31916 1120.6160 DATA PROCESSING ADMINISTRATION 2,893.00 232781 31916 1495.6160 DATA PROCESSING INSPECTIONS 2,983.00 232781 31916 1554.6160 DATA PROCESSING CENT SERV GEN - MIS 5,023.00 232781 31916 5910.6160 DATA PROCESSING GENERAL (BILLING) 5,086.00 232781 31916 1190.6160 DATA PROCESSING ASSESSING 5,883.50 232781 31916 1160.6160 DATA PROCESSING FINANCE 25,581.00 332944 312512010 101792 LUBE -TECH 3,598.58 LUBRICANTS 00001696 232718 1753913 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 3,598.58 332945 312512010 112577 M. AMUNDSON LLP 1,015.98 232855 81576 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,015.98 332946 3/2512010 100864 MACQUEEN EQUIP INC. 82.96 LOCK COLLARS 00001987 232549 2102143 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 2,019.94 STRIP BROOMS 00001735 232550 2101976 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 180.02 MIRROR 00001936 232551 2102084 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 24.67- CREDIT 232900 7803 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 2,258.25 332947 312512010 100865 MAGNUSON SOD 113.89 ROCKS 00002237 232671 1- 100320 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 113.89 R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/19/2010 -3/25/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 332948 312512010 103720 MEDTECH 1,945.80 WRISTBANDS 00002224 232813 IND00306597 5621.6406 1646.6406 1646.6406 5630.6406 1646.6406 1646.6406 5912.6406 1553.6530 1553.6530 5620.5510 Subledger Account Description GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES REPAIR PARTS REPAIR PARTS COST OF GOODS SOLD 5932.6180 1,945.80 5932.6180 CONTRACTED REPAIRS 5933.6180 CONTRACTED REPAIRS 332949 3125/2010 CONTRACTED REPAIRS 101987 MENARDS 107.79 BUILDING SUPPLIES 00001888 232552 62327 174.07 BUILDING MATERIALS 00001440 232553 60571 333.33 BULBS, PAINTING SUPPLIES 00002027 232719 62660 615.19 332950 312512010 102281 MENARDS 102.41 BUILDING SUPPLIES 00001457 232554 1397 10.47 BUILIDNG SUPPLIES 00001894 232555 1928 137.64 PIPE FITTINGS 00001982 232556 3621 250.52 332951 3/2512010 102729 METROPOLITAN FORD OF EDEN PRAI 130.65 SEALANT 00001989 232672 469953 111.27 GLASS 00001696 232720 469959 241.92 332952 3/25/2010 119738 MIDWEST MINIMELTS 656.25 CONCESSION PRODUCT 232814 15340 656.25 332953 312512010 122772 MINGER CONSTRUCTION INC. 530.00 STORM OUTFALL MAINTENANCE 00001910 232557 2301 650.00 STORM OUTFALL MAINTENANCE 00001911 232558 2302 2,000.00 STORM OUTFALL MAINTENANCE 00001913 232559 2304 3,950.00 STORM OUTFALL MAINTENANCE 00001912 232673 2303 7,130.00 332954 312512010 102007 MINNCOR INDUSTRIES 132.74 FOAMING HAND SOAP 00001434 232560 171559 132.74 332955 312512010 101638 MINNESOTA DEPARTMENT OF HEALTH 150.00 PLAN REVIEW FEE 232674 625 150.00 332956 3/2512010 100245 MINNESOTA DNR 60.00 HUNTER SAFETY PROGRAM 232815 FEE 1646.6406 1646.6406 5630.6406 1646.6406 1646.6406 5912.6406 1553.6530 1553.6530 5620.5510 Subledger Account Description GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES REPAIR PARTS REPAIR PARTS COST OF GOODS SOLD 5932.6180 CONTRACTED REPAIRS 5932.6180 CONTRACTED REPAIRS 5933.6180 CONTRACTED REPAIRS 5933.6180 CONTRACTED REPAIRS 1646.6406 GENERAL SUPPLIES 05489.1705.20 CONSULTING DESIGN 7414.4390 REGISTRATION FEES 3124/2010 8:09:27 Page - 13 Business Unit EDINBOROUGH ADMINISTRATION BUILDING MAINTENANCE BUILDING MAINTENANCE CENTENNIAL LAKES BUILDING MAINTENANCE BUILDING MAINTENANCE WELL HOUSES EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EDINBOROUGH PARK GENERAL STORM SEWER GENERAL STORM SEWER PONDS & LAKES PONDS & LAKES BUILDING MAINTENANCE WM-489 BRAEMAR HILLS N'HOOD PUBLIC PROGRAMS R55CKREG LOG20000 90.00 CITY OF EDINA 332959 312512010 332963 3/2512010 Council Check Register 443.53 3/1912010 - 3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 332960 60.00 117459 MN METRO EWGA 332957 3/25/2010 100066 MINNESOTA MAILING SOLUTIONS ASSOCIATION DUES 232782 2010 5410.6105 DUES & SUBSCRIPTIONS 100906 MTI DISTRIBUTING INC. 23.66 POSTAGE MACHINE TAPES 232675 61628 1400.6235 POSTAGE 332961 23.66 ROLLERS 120996 MOBILE MINI INC. 332958 3/2512010 1553.6530 100231 MINNESOTA POST BOARD STORAGE UNIT 232816 151028545 7412.6153 STORAGE 3/24/2010 8:09:27 Page - 14 Business Unit POLICE DEPT. GENERAL 90.00 POLICE OFFICER LICENSE 232877 031610 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. 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EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN 14,960.00 FIREPROOFING STEEL 00005895 232901 APPL 09129 4402.6710 EQUIPMENT REPLACEMENT PW BUILDING 14,960.00 332966 312512010 105066 NATURAL REFLECTIONS VII LLC 1,670.46 INDIANHEAD LAKE MAINTENANCE 00001822 232566 539 4086.6103 PROFESSIONAL SERVICES AQUATIC WEEDS R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 15 3/19/2010 -3/25/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,205.90 ARROWHEAD LAKE MAINTENANCE 00001821 232567 538 4086.6103 PROFESSIONAL SERVICES AQUATIC WEEDS 3,876.36 332967 312512010 100076 NEW FRANCE WINE CO. 642.50 232740 58943 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 514.50 232741 58942 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,157.00 332968 312512010 101620 NORTH SECOND STREET STEEL SUPP 136.80 ALUM TREAD 00001937 232568 169209 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 282.75 STEEL ROUNDS 00001652 232569 169063 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 419.55 332969 312512010 100292 NORTHERN ESCROW INC. 107,825.00 PARTIAL PAYMENT NO. 5 232898 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 107,825.00 332970 3/25/2010 100712 NORTHERN WATERWORKS SUPPLY 1,443.88 GAS CYLINDERS 00003687 232783 S01239393.001 1470.6530 REPAIR PARTS FIRE DEPT. GENERAL 1,443.88 332971 312512010 105901 OERTEL ARCHITECTS 20,166.29 PW BLDG ARCHITECTURE 232677 #10- 2/2010 4402.6710 EQUIPMENT REPLACEMENT PW BUILDING 20,166.29 332972 312512010 102712 OFFICE OF ENTERPRISE TECHNOLOG 354.88 232817 W10020630 5420.6188 TELEPHONE CLUB HOUSE 22.30 232818 W10020624 1646.6188 TELEPHONE BUILDING MAINTENANCE 22.30 232818 W10020624 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 44.60 232818 W10020624 5111•.6188 TELEPHONE ART CENTER BLDG/MAINT 44.60 232818 W10020624 1646.6188 TELEPHONE BUILDING MAINTENANCE 66.90 232818 W10020624 5861.6188 TELEPHONE VERNON OCCUPANCY 80.85 232818 W10020624 5311.6188 TELEPHONE POOL OPERATION 89.20 232818 W10020624 1481.6188 TELEPHONE YORK FIRE STATION 89.20 232818 W10020624 5821.6188 TELEPHONE 50TH ST OCCUPANCY 111.50 232818 W10020624 1646.6188 TELEPHONE BUILDING MAINTENANCE 117.23 232818 W10020624 1646.6188 TELEPHONE BUILDING MAINTENANCE 133.80 232818 W10020624 5841.6188 TELEPHONE YORK OCCUPANCY 153.27 232818 W10020624 5210.6188 TELEPHONE GOLF DOME PROGRAM 199.86 232818 W10020624 5621.6188 TELEPHONE EDINBOROUGH ADMINISTRATION 199.87 232818 W10020624 5631.6188 TELEPHONE CENTENNIAL ADMINISTRATION 312.20 232818 W10020624 1622.6188 TELEPHONE SKATING & HOCKEY R55CKREG LOG20000 Check # Dale Amount Supplier/ Explanation YORK SELLING Council Check Register 2,042.56 Page - 16 332973 3/2512010 232611 102265 OLSON, 71M PO # Doc No Inv No Account No 365.44 UNIFORM PURCHASE 232784 031810 1400.6203 365.44 POLICE DEPT. GENERAL 332974 3125/2010 CONTRACTED REPAIRS 101659 ORKIN PEST CONTROL 232679 37415201 5421.5510 112.65 PEST CONTROL AMBULANCE FEES FIRE DEPT. GENERAL 112.65 031510 332975 3125/2010 GENERAL MAINTENANCE 100939 OTIS SPUNKMEYER INC. 55719 1550.6030 190.41 COOKIES 232572 55799,55800 190.41 PENSIONS 332976 312512010 55884 100347 PAUSTIS & SONS PENSIONS CENTRAL SERVICES GENERAL 410.50 2882625 5842.5513 COST OF GOODS SOLD WINE 32.25 232744 2885343 5862.5512 177.25 VERNON SELLING 232856 2885340 2,509.16 COST OF GOODS SOLD MIX YORK SELLING 232857 718.00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,847.16 2885339 332977 312512010 YORK SELLING 124108 PAVLAK, AMANDA 77.84 AMBULANCE OVERPAYMENT 77.84 332978 3/25/2010 102963 PELUF,JIM 14.00 CDL LICENSE RENEWAL 14.00 332979 312512010 100946 PERA 1,613.92 EMPLOYER MATCH 271.90 EMPLOYER MATCH 131.96 EMPLOYER MATCH 2,017.78 332980 312512010 100743 PHILLIPS WINE & SPIRITS 131.30 1,572.64 105.36 4,977.34 521.89 232609 CITY OF EDINA 5842.5513 3/24/2010 8:09:27 YORK SELLING Council Check Register 8253710 -IN Page - 16 COST OF GOODS SOLD MIX 3/19/2010 - 3/25/2010 232611 8254009 -IN PO # Doc No Inv No Account No Subledger Account Description Business Unit 232784 031810 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 232678 53678265 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 232679 37415201 5421.5510 COST OF GOODS SOLD GRILL 232609 8253711 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232610 8253710 -IN 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 232611 8254009 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 232742 8254002 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232743 8254011 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 232878 031910 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 232570 031510 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 232571 55719 1550.6030 PENSIONS CENTRAL SERVICES GENERAL 232572 55799,55800 1550.6030 PENSIONS CENTRAL SERVICES GENERAL 232573 55884 1550.6030 PENSIONS CENTRAL SERVICES GENERAL 232612 2882625 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232744 2885343 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 232856 2885340 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 232857 2885336 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 232858 2885339 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 17 3/19/2010 -3/25/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 45.07 232859 2885337 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 335.16 232860 2885334 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,988.69 232861 2885338 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 657.07 232862 2885331 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 165.41 232863 2885333 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 44.37 232864 2885332 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 10,544.30 332981 312512010 100119 PING 665.65 GOLF CLUBS 232785 10098241 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 4,724.02 MERCHANDISE 232786 10101298 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5,389.67 332982 3/25/2010 103094 PROTECTION ONE 162.23 ALARM SERVICE 00008011 232819 12743654 -3/10 5511.6250 ALARM SERVICE ARENA BLDG /GROUNDS 162.23 332983 3125/2010 100971 QUALITY WINE 3,278.16 232613 281799 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,447.01 232614 281685 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 536.90 232615 281994 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 611.00 232616 281687 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 206.00 232617 281996 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 344.66 232618 281801 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 61.51- 232619 279440 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,535.61 232745 281686 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,003.35 232746 281995 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,657.17 232747 281800 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 16,558.35 332984 3125/2010 100972 R &R SPECIALTIES OF WISCONSIN 1 400.00 TOW FOR OLYMPIA 00008009 232820 0044946 -IN 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 398.21 ZAMBONI REPAIR 00008008 232821 0044924 -IN 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 798.21 332985 3/2512010 104450 RAPID GRAPHICS & MAILING 358.03 MAIL WATER BILLS 232574 3698 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 358.03 332986 312512010 125358 RICE, BETTY 50.00 AMBULANCE OVERPAYMENT 232879 031710 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 50.00 R55CKREG LOG20000 CITY OF EDINA 3/24/2010 8:09:27 Council Check Register Page - 18 3/19/2010 —3/2512010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 332987 312512010 100985 RUFFRIDGE JOHNSON EQUIPMENT CO 324.00 BEARINGS 00001687 232575 C54607 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 324.00 332988 3/25/2010 117807 SAM'S CLUB 120.82 SUPPLIES 232822 030710 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 120.82 332989 3/2512010 118168 SANSIO 755.61 EMS SUBSCRIPTION 232787 INV016437 1470.6160 DATA PROCESSING FIRE DEPT. 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WOODDALE, EDIN 1,708.39 COUNTRY CLUB NEIGH CONSTR 232681 228801 01213.1705.21 CONSULTING INSPECTION PHASE 1 ARDEN, BRUCE, CASCO 1,898.21 COUNTRY CLUB NEIGH CONSTR 232681 228801 05436.1705.21 CONSULTING INSPECTION PHASE 1 ARDEN, BRUCE, CASCO WM 145.17 ENGINEERING SERVICES 232682 229100 08054.1705.20 CONSULTING DESIGN L -54 BRAEMAR HILLS LIGHTING 282.47 WELLHEAD PROTECTION PLAN 232683 229107 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 3,444.92 TELECOM PROJECT REVIEW 232880 228748 1001.4722 RENTAL OF PROPERTY GENERAL FUND REVENUES 33,510.76 332991 3/2512010 125096 SIERRA METALS INC. 7,609.50 PARTIAL PAYMENT NO. 3 232895 032610 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 7,609.50 332992 3125/2010 100770 SMIEJA, GARY 27.00 CDL LICENSE RENEWAL 232576 031510 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 27.00 332993 3/2512010 122368 SOUTH METRO PUBLIC SAFETY 296.00 EMT REFRESHER COURSE 232684 8338 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 296.00 EMT REFRESHER COURSE 232790 8339 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 592.00 R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/19/2010 -3125/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 332994 3/25/2010 104672 SPRINT 439.89 CARD READERS 232881 312188813 -027 1470.6151 EQUIPMENT RENTAL GENERAL SUPPLIES GENERAL SUPPLIES REPAIR PARTS PROFESSIONAL SERVICES CONTRACTED REPAIRS CONTRACTOR PAYMENTS UNIFORM ALLOWANCE UNIFORM ALLOWANCE UNIFORM ALLOWANCE 3/24/2010 8:09:27 Page- 19 Business Unit FIRE DEPT. GENERAL PARKING RAMP DISTRIBUTION EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL FIRE DEPT. GENERAL PW BUILDING POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION REPAIR PARTS EQUIPMENT OPERATION GEN COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 439.89 332995 3/25/2010 101004 SIPS COMPANIES 230.65 PIPE, COUPLINGS 00001896 232577 S2175098.001 1375.6406 120.88 PVC CAPS 00001801 232685 S2168926.002 5913.6406 351.53 332996 3125/2010 103277 ST. JOSEPH EQUIPMENT CO INC 64.30 LEVER, BOLTS, WASHERS 00001688 232578 S177337 1553.6530 64.30 332997 3/25/2010 100650 STANLEY SECURITY SOLUTIONS INC 497.54 ALARM MONITORING 232788 7123493 1470.6103 315.52 ALARM REPAIRS 232789 7166863 1470.6180 813.06 332996 3/25/2010 121569 STOCKER EXCAVATING CO. 14,012.50 PARTIAL PAYMENT NO. 3 232896 032610 4402.1705.30 14,012.50 332999 3125/2010 101015 STREICHERS 74.80 GEAR BAG 232686 1720539 1400.6203 339.33 BAGS 00003036 232791 1721184 1400.6203 46.98 PANTS 232792 1721427 1400.6203 461.11 333000 3/2512010 102639 STROHMYER, TOM 150.00 EP ENTERTAINMENT 4/1/10 232823 031810 5621.6136 150.00 333001 3/25/2010 101017 SUBURBAN CHEVROLET 117.62 LAMP 00001694 232687 229944 1553.6530 117.62 333002 3125/2010 102140 SUN MOUNTAIN SPORTS INC. 245.34 MERCHANDISE 232688 416192 5440.5511 94.77- REBATE CREDIT 232689 897044 5440.5511 150.57 GENERAL SUPPLIES GENERAL SUPPLIES REPAIR PARTS PROFESSIONAL SERVICES CONTRACTED REPAIRS CONTRACTOR PAYMENTS UNIFORM ALLOWANCE UNIFORM ALLOWANCE UNIFORM ALLOWANCE 3/24/2010 8:09:27 Page- 19 Business Unit FIRE DEPT. GENERAL PARKING RAMP DISTRIBUTION EQUIPMENT OPERATION GEN FIRE DEPT. GENERAL FIRE DEPT. GENERAL PW BUILDING POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. 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GENERAL 37.20 333013 312512010 118190 TURFWERKS LLC 1,139.90 PUSHARM ASSEMBLY 00001883 232692 J126178 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,139.90 333014 312512010 123969 TWIN CITIES OCCUPATIONAL HEALT 224.40 FITNESS FOR DUTY 232883 101644560 1400.6175 PHYSICAL EXAMINATIONS POLICE DEPT. GENERAL 224.40 333015 312512010 101055 UNIVERSITY OF MINNESOTA 200.00 CONCRETE PAVEMENT COURSE 232693 1198 1260.6104 CONFERENCES & SCHOOLS ENGINEERING GENERAL 200.00 333016 312512010 101055 UNIVERSITY OF MINNESOTA 50.00 STORMWATER MGMT SEMINAR (2) 232825 031810 5919.6104 CONFERENCES & SCHOOLS TRAINING 50.00 333017 3125/2010 122564 VALLEY NATIONAL GASES LLC 412.01 OXYGEN 00003649 232795 739770 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 45.83 OXYGEN 00003649 232796 732309 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 457.84 333018 312512010 103590 VALLEY -RICH CO. INC. 2,783.00 EMERGENCY WATERMAIN REPAIR 00001915 232884 15293 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 5,312.15 EMERGENCY WATERMAIN REPAIR 00001916 232885 15294 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 8,095.15 333019 3/2512010 101058 VAN PAPER CO. 577.26 LIQUOR BAGS 00007513 232886 152658 -00 5862.6512 PAPER SUPPLIES VERNON SELLING 577.26 333020 312512010 119461 VANGEN, GREG 103.63 SUPPLIES REIMBURSEMENT 232694 031710 5521.6406 GENERAL SUPPLIES ARENA ICE MAINT 103.63 R55CKREG LOG20000 312512010 CITY OF EDINA 101067 VIKING INDUSTRIAL CENTER Council Check Register 67.06 EAR PLUGS, SAFETY GLASSES 00001455 3/19/2010 -3/25/2010 245770 1646.6610 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Suhledger Account Description 333021 312512010 102970 VERIZON WIRELESS 1646.6610 258.81 32.44 232887 680564466 -00001 5952.6188 TELEPHONE 41.51 232887 680564466 -00001 1640.6188 TELEPHONE 97.36 232887 680564466 -00001 1600.6188 TELEPHONE 111.27 232887 680564466 -00001 1120.6188 TELEPHONE 282.61 232887 680564466-00001 1470.6188 TELEPHONE 333022 312512010 101067 VIKING INDUSTRIAL CENTER 67.06 EAR PLUGS, SAFETY GLASSES 00001455 232583 245770 1646.6610 191.75 GLOVES, CAUTION SIGNS 00001455 232584 245772 1646.6610 258.81 333023 312512010 119454 VINOCOPIA 554.00 232748 0023912 -IN 5862.5513 554.00 333024 312512010 124959 W. L. HALL COMPANY 32,775.00 PARTIAL PAYMENT NO. 3 232897 032610 4_402.1705.30 32,775.00 333025 312512010 102542 WALKER PARKING CONSULTANTS INC 368.38 STRUCTURAL FEASIBILITY 232695 21362200002 05473.1705.20 368.38 333026 312512010 123616 WATER CONSERVATION SERVICE INC 495.00 LEAK LOCATES 00001918 232826 1805 5913.6103 495.00 333027 3125/2010 101078 WESTSIDE EQUIPMENT 180.00 NOZZLE SWITCH 00001997 232721 0040777 -IN 1552.6530 180.00 333028 3/2512010 125267 WILLIAMS, REMONICA 136.52 AMBULANCE OVERPAYMENT 232722 031810 1470.4329 136.52 333029 3125/2010 102133 WILSON SPORTING GOODS 556.78 MERCHANDISE 232797 4507245700 5440.5511 225.42 MERCHANDISE 232798 4507245699 5440.5511 782.20 SAFETY EQUIPMENT SAFETY EQUIPMENT 3/24/2010 8:09:27 Page - 22 Business Unit RECYCLING PARK MAINTENANCE GENERAL PARK ADMIN. GENERAL ADMINISTRATION FIRE DEPT. GENERAL BUILDING MAINTENANCE BUILDING MAINTENANCE COST OF GOODS SOLD WINE VERNON SELLING CONTRACTOR PAYMENTS PW BUILDING CONSULTING DESIGN WM -473 NEW TREATMENT PLANT #6 PROFESSIONAL SERVICES DISTRIBUTION REPAIR PARTS CENT SVC PW BUILDING AMBULANCE FEES FIRE DEPT. GENERAL COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES CITY OF EDINA 3/24/2010 8:09:27 R55CKREG LOG20000 Council Check Register Page - 23 3/19/2010 - 3125/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 333030 3125/2010 114588 WILSON, ROBERT C. 27.50 MILEAGE REIMBURSEMENT 232585 022810 1190.6107 MILEAGE OR ALLOWANCE ASSESSING 27.50 333031 312512010 101033 WINE COMPANY, THE 232.20 232749 238723 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 704.40 232750 238831 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 936.60 333032 3/25/2010 101312 WINE MERCHANTS 1,559.40 232867 310737 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 474.29 232868 310735 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,033.69 333033 3125/2010 124291 WIRTZ BEVERAGE MINNESOTA 98.57 232625 373783 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,143.17 232626 373778 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 380.14 232627 373779 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1.15 232751 373707 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 10,577.80 232752 373782 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 938.85 232753 373780 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 41.10 232754 373781 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 4,881.15 232755 373774 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 55.95 232756 373777 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 31.37 232757 373776 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 58.97 232758 370739 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 56.04- 232759 797544 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 92.35- 232760 797623 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 168.72- 232761 797651 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 17,891.11 333034 312512010 124529 WIRTZ BEVERAGE MINNESOTA BEER 60.00 232628 581509 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,680.40 232629 581790 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING' 1,685.45 232630 581508 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,510.45 232631 582369 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 82.00 232632 582370 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 439.60 232799 583392 5421.5514 COST OF GOODS SOLD BEER GRILL 1,144.30 232869 583940 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 7,602.20 R55CKREG LOG20000 CITY OF EDINA Council Check Register 3/19/2010 —3/25/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No' Account No 333035 3125/2010 101082 WITTEK GOLF SUPPLY 2,508.13 MERCHANDISE 232800 234184 5440.5511 2,508.13 333036 3125/2010 101086 WORLD CLASS WINES INC 705.48 232633 244859 5842.5513 2,259.10 232762 244857 5862.5513 2,964.58 333037 3/25/2010 105740 WSB & ASSOCIATES INC. 16,419.50 70TH ST FINAL DESIGN 232696 1- 01686 -160 01367.1705.20 1,876.00 TRAFFIC ENGINEERING REVIEW 232697 25 -01686 -020 1260.6103 18,295.50 333038 3/2512010 101726 XCEL ENERGY 3,097.94 51- 6227619 -3 232586 231159009 5630.6185 3,097.94 333039 312512010 100568 XEROX CORPORATION 480.00 YEARLY MAINTENANCE PLAN 232698 046339939 1550.6230 480.00 333040 312512010 118000 CUSTOM SIGNS OF ST. CLOUD INC 2,459.00 TEE SIGNS 232902 2107 5431.6406 2,459.00 Subledger Account Description COST OF GOODS - PRO SHOP 1,342,340.33 Grand Total Payment Instrument Totals Check Total 1,342,340.33 Total Payments 1,342,340.33 COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE CONSULTING DESIGN PROFESSIONAL SERVICES LIGHT & POWER 3/24/2010 8:09:27 Page - 24 Business Unit PRO SHOP RETAIL SALES YORK SELLING VERNON SELLING BA -367 W70TH TRAFFIC IMPLEMENT ENGINEERING GENERAL CENTENNIAL LAKES SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL GENERAL SUPPLIES RICHARDS GC MAINTENANCE R55CKSUIV, ,!20000 CITY G. AA 3/241_ 8:10:33 Council Check Summary Page - 1 311912010 - 3/25/2010 Company Amount 01000 GENERAL FUND 269,901.26 02200 COMMUNICATIONS FUND 1,336.14 04000 WORKING CAPITAL FUND 729,057.34 05100 ART CENTER FUND 852.06 05200 GOLF DOME FUND 198.23 05300 AQUATIC CENTER FUND 80.85 05400 GOLF COURSE FUND 36,090.08 05500 ICE ARENA FUND 108,175.04 05600 EDINBOROUGH /CENT LAKES FUND 10,536.84 05800 LIQUOR FUND 135,092.24 05900 UTILITY FUND 33,482.09 05930 STORM SEWER FUND 16,202.73 05950 RECYCLING FUND 32.44 07400 PSTF AGENCY FUND 1,302.99 Report Totals 1,342,340.33 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing poli ies a d procedures R55CKREG LOG20000 4/112010 PROFESSIONAL SERVICES 105162 ADT SECURITY SERVICES CITY OF EDINA COMMUNICATIONS PROFESSIONAL SERVICES COMMUNICATIONS 855.71 Council Check Register 233011 20838645 5420.6250 4/1/2010 - 411/2010 MONTHLY ALARM SERVICE Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 333041 411/2010 105696 3CMA 333044 4/1/2010 375.00 DUES - JENNIFER BENNEROTTE 233227 2010DUES 2210.6105 DUES & SUBSCRIPTIONS 375.00 MERCHANDISE 233228 INVO043022 5440.5511 333042 41112010 102971 ACE ICE COMPANY 75.80 4/712010 233040 0805351 5842.5515 COST OF GOODS SOLD MIX 26.20 233094 0805406 5862.5515 COST OF GOODS SOLD MIX 232903 62.00 5421.6103 233095 0805409 5842.5515 COST OF GOODS SOLD MIX EXTINGUISHER MAINTENANCE 00006475 17.40 98585 233291 0723543 5842.5515 COST OF GOODS SOLD MIX 333043 4/112010 PROFESSIONAL SERVICES 105162 ADT SECURITY SERVICES PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES COMMUNICATIONS 855.71 QUARTERLY ALARM SERVICE 233011 20838645 5420.6250 32.92 MONTHLY ALARM SERVICE 233012 20838934 5111.6250 888.63 333044 4/1/2010 101166 AHEAD INC 254.19 MERCHANDISE 233228 INVO043022 5440.5511 254.19 333045 4/712010 100575 ALL SAFE INC. 139.21 KITCHEN HOOD INSPECTION 00006469 232903 98465 5421.6103 373.89 EXTINGUISHER MAINTENANCE 00006475 233229 98585 5421.6102 513.10 333046 4/112010 120168 ALLIANCE ELECTRIC INC. 365.70 ELECTRICAL REPAIR 00002231 233180 6738 5620.6180 365.70 333047 4/112010 103357 ALPHA VIDEO & AUDIO INC. 1,265.00 EXTRON REPAIR 233230 SVCINV11266 2210.6103 362.19 AUDIO SERVICE 233231 SVCINV11274 2210.6103 140.00 AUDIO SERVICE 233232 SVCINV11289 2210.6103 1,767.19 333048 41112010 100867 ALSTAD, MARIAN 702.00 INSTRUCTOR AC 233161 032510 5110.6103 702.00 333049 41712010 122312 ANDERSEN, IMOGENE 504.00 GIFT SHOP HELP 233077 032410 5120.6103 504.00 ALARM SERVICE ALARM SERVICE 3131/2010 7:58:29 Page- 1 Business Unit COMMUNICATIONS YORK SELLING VERNON SELLING YORK SELLING YORK SELLING CLUB HOUSE ART CENTER BLDG /MAINT COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES PROFESSIONAL SERVICES GRILL CONTRACTUAL SERVICES GRILL CONTRACTED REPAIRS EDINBOROUGH PARK PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES COMMUNICATIONS PROFESSIONAL SERVICES ART CENTER ADMINISTRATION PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP R55CKREG LOG20000 CITY OF EDINA Council Check Register 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation P0# Doc No Inv No Account No Subledger Account Description 333050 41112010 125443 ANDERSON, DAWN 175.00 RENTAL REFUND MINUS $25 FEE 233222 032310 5601.4555 CENTENNIAL LAKES PARK 5110.6564 5110.6103 5421.5510 5421.5510 7411.6406 1647.6406 5422.6611 1400.6406 5862.5513 5862.5512 5842.5513 5842.5513 5842.5515 5862.5515 5862.5515 5862.6512 5822.5513 5822.5512 5862.5512 5842.5513 5842.5515 CRAFT SUPPLIES PROFESSIONAL SERVICES COST OF GOODS SOLD COST OF GOODS SOLD GENERAL SUPPLIES GENERAL SUPPLIES IRRIGATION EQUIPMENT GENERAL SUPPLIES 3/31/2010 7:58:29 Page - 2 Business Unit EB /CL REVENUES ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION GRILL GRILL PSTF OCCUPANCY PATHS & HARD SURFACE MAINT OF COURSE & GROUNDS POLICE DEPT. GENERAL COST OF GOODS SOLD WINE VERNON SELLING 175.00 VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING 333051 4/1/2010 COST OF GOODS SOLD MIX 124433 ANDERSON, MARLYN J COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING 65.57 SUPPLIES 233162 032510 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 68.00 INSTRUCTOR AC 233162 032510 COST OF GOODS SOLD MIX YORK SELLING 133.57 333052 41112010 102172 APPERrS FOODSERVICE 806.83 FOOD 232976 1322661 58.00 BEEF FRANKS 233013 1324383 864.83 333053 4/1/2010 103680 ARAMARK REFRESHMENT SRVCS 92.25 COFFEE MAKER SERVICE 233233 957828 92.25 333064 41112010 100642 BANNERS TO GO 264.61 PARK SIGNS 00001836 232904 29637 264.61 333055 4/112010 102195 BATTERIES PLUS 65.19 BATTERIES 00006191 232977 18- 265918 24.47 LITHIUM BATTERIES 233181 18- 267221 89.66 333056 41112010 101355 BELLBOY CORPORATION 1,462.18 233041 52500900 865.97 233042 52594800 1,734.08 233043 52590000 5.33- 233044 52573100 111.44 233096 83429500 82.75 233097 83429600 204.89 233098 5912900 64.79 233099 83429700 308.20 233292 52664400 431.10 233293 52673900 677.65 233294 52674100 191.55 233295 52674000 124.27 233296 83452200 5110.6564 5110.6103 5421.5510 5421.5510 7411.6406 1647.6406 5422.6611 1400.6406 5862.5513 5862.5512 5842.5513 5842.5513 5842.5515 5862.5515 5862.5515 5862.6512 5822.5513 5822.5512 5862.5512 5842.5513 5842.5515 CRAFT SUPPLIES PROFESSIONAL SERVICES COST OF GOODS SOLD COST OF GOODS SOLD GENERAL SUPPLIES GENERAL SUPPLIES IRRIGATION EQUIPMENT GENERAL SUPPLIES 3/31/2010 7:58:29 Page - 2 Business Unit EB /CL REVENUES ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION GRILL GRILL PSTF OCCUPANCY PATHS & HARD SURFACE MAINT OF COURSE & GROUNDS POLICE DEPT. GENERAL COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING PAPER SUPPLIES VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD MIX YORK SELLING R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 3 4/1/2010 - 4/112010 Check # Date 333057 41112010 333058 411/2010 333059 4/112010 333060 411/2010 333061 41112010 333062 4/1/2010 333063 41112010 333064 4/112010 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 72.43 233297 83452000 5822.5515 COST OF GOODS SOLD MIX 6,325.97 CONFERENCES & SCHOOLS CONFERENCES & SCHOOLS CONFERENCES & SC}iOOLS Business Unit 50TH ST SELLING CENT SERV GEN - MIS CENT SERV GEN - MIS CENT SERV GEN - MIS PROFESSIONAL SERVICES ART CENTER ADMINISTRATION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL GENERAL SUPPLIES RICHARDS GOLF COURSE COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES PROFESSIONAL SERVICES ART CENTER ADMINISTRATION GENERAL SUPPLIES GEN ADAPTIVE REC CENT SVC PW BUILDING PARK ADMIN. GENERAL 125408 BENCHMARK LEARNING 125.00 TRAINING MATERIALS 232905 243538 1554.6104 125.00 TRAINING MATERIALS 232906 243585 1554.6104 125.00 TRAINING MATERIALS 232907 243586 1554.6104 375.00 100661 BENN, BRADLEY 548.76 INSTRUCTOR AC 233163 032510 5110.6103 548.76 100648 BERTELSON OFFICE PRODUCTS 175.64 OFFICE SUPPLIES 00003056 232908 WO- 608827 -1 1400.6513 91.93 STORAGE BOXES 00003058 232909 WO- 609555 -1 1400.6513 43.26 OFFICE SUPPLIES 00003060 232910 WO- 609759 -1 1400.6513 13.17 FILE POCKETS 00003060 232911 WO- 609830 -1 1400.6513 27.53 RECEIPT PAD 232912 WO- 611092 -1 1600.6406 225.98 OFFICE SUPPLIES 232978 WO- 609134 -1 1600.6406 20.97 TAPE 233014 WO- 611940 -1 1550.6406 57.04- RETURN 233015 CP- WO- 605155 -1 1550.6406 541.44 101296 BERTRAND, MIKE 92.30 NAPKIN DISPENSER, NAPKINS 233234 032510 5430.6406 92.30 101691 BETZEN GOLF SUPPLY CO. 56.59 MERCHANDISE 233235 24742 5440.5511 56.59 123329 BLOTZ, MOLLY 320.00 INSTRUCTOR AC 233078 032410 5110.6103 320.00 122688 BMK SOLUTIONS 8.53 MARKERS 00001994 232913 58347 1552.6406 8.53 124677 BORCHERT, SUE 15.00 MUSEUM TRIP REFUND 233290 032510 1600.4390.15 CONFERENCES & SCHOOLS CONFERENCES & SCHOOLS CONFERENCES & SC}iOOLS Business Unit 50TH ST SELLING CENT SERV GEN - MIS CENT SERV GEN - MIS CENT SERV GEN - MIS PROFESSIONAL SERVICES ART CENTER ADMINISTRATION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL GENERAL SUPPLIES RICHARDS GOLF COURSE COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES PROFESSIONAL SERVICES ART CENTER ADMINISTRATION GENERAL SUPPLIES GEN ADAPTIVE REC CENT SVC PW BUILDING PARK ADMIN. GENERAL R55CKREG LOG20000 CITY OF EDINA 3131/2010 7:58:29 Council Check Register Page - 4 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 15.00 333065 4/1/2010 122942 BORNOWSKI, CLAY 176.00 MAINTENANCE 233164 032510 5111.6103 PROFESSIONAL SERVICES ART CENTER BLDG /MAINT 176.00 333066 41112010 119361 BOURGET IMPORTS 444.50 233298 98702 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 444.50 333067 41112010 100669 BOYER TRUCK PARTS 199.28 MUFFLER 00005023 233016 371398X1 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 199.28 333068 41112010 100663 BRAEMAR GOLF COURSE 23.37 PETTY CASH 233236 032510 5424.6406 GENERAL SUPPLIES RANGE 26.00 PETTY CASH 233236 032510 5410.6107 MILEAGE OR ALLOWANCE GOLF ADMINISTRATION 45.95 PETTY CASH 233236 032510 5440.6406 GENERAL SUPPLIES PRO SHOP RETAIL SALES 48.00 PETTY CASH 233236 032510 5401.4603 COMPUTERIZED HANDICAPS GOLF REVENUES 84.00 PETTY CASH 233236 032510 5410.6235 POSTAGE GOLF ADMINISTRATION 93.92 PETTY CASH 233236 032510 5410.6104 CONFERENCES & SCHOOLS GOLF ADMINISTRATION 321.24 333069 4/1/2010 103239 BRIN NORTHWESTERN GLASS CO. 420.21 SLIDING DOOR REPAIR 233287 512588S 5821.6180 CONTRACTED REPAIRS 50TH ST OCCUPANCY 420.21 333070 4/1/2010 119826 BRYANT GRAPHICS INC. 777.81 NEWSLETTER 00008240 233017 21010 1628.6575 PRINTING SENIOR CITIZENS 777.81 333071 41112010 103244 BURTIS, ROBERT 150.00 EP ENTERTAINMENT 4/8/10 233182 032610 5621.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 150.00 333072 411/2010 102149 CALLAWAY GOLF 399.73 GOLF BALLS, CAPS 232979 920878384 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,091.00 GOLF CLUBS 232980 920924614 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 1,192.80- YEAR END REBATE 232981 920619499 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 297.93 333073 41'' - -'0 102046 CAMPE, HARRIET R55CKREG LOG20000 CITY OF EDINA Council Check Register 4/112010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 80.00 POTTERY MAINTENANCE 233165 032510 5112.6103 PROFESSIONAL SERVICES 240.00 INSTRUCTOR AC 233165 032510 5110.6103 PROFESSIONAL SERVICES 320.00 333074 4/112010 COST OF GOODS SOLD MIX 119455 CAPITOL BEVERAGE SALES COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD BEER RICHARDS GOLF COURSE 1,704.85 233100 19658 5842.5514 30.15 233101 19653 5822.5515 239.55 233102 19655 5822.5514 112.70 233237 19645 5430.5514 2,087.25 333075 4/1/2010 116683 CAT & FIDDLE BEVERAGE 312.00 233045 85687 5862.5513 105.00 233103 85722 5862.5513 118.18 233104 85723 5822.5513 535.18 333076 4/1/2010 112561 CENTERPOINT ENERGY 142.54 232982 5596524 -3/10 5430.6186 16,898.45 232983 803400 -3/10 1552.6186 41.24 5584310 -6 233238 5584310 -3/10 7413.6186 1,583.12 5584304 -9 233239 5584304 -3/10 7411.6186 18,665.35 333077 4/1/2010 119661 CENTRAL ENVELOPE CORPORATION 160.91 HYDRANT POSTCARDS 232984 68048 1470.6406 160.91 333078 4/112010 116304 CLAY, DON 362.25 MEDIA INSTRUCTION 233079 032410 5125.6103 362.25 333079 4/112010 100692 COCA -COLA BOTTLING CO, 587.10 233299 0148036012 5842.5515 587.10 333080 4/112010 120433 COMCAST 82.59 232914 164959 -2110 5430.6188 82.59 333081 4/112010 124331 COMMERCIAL MAINTENANCE CHEMICA 469.16 LIFT STATION DEGREASER 00001015 232915 28967 5920.6406 3131/2010 7:58:29 Page - 5 Business Unit ART CENTER POTTERY ART CENTER ADMINISTRATION COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD BEER RICHARDS GOLF COURSE COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING HEAT RICHARDS GOLF COURSE HEAT CENT SVC PW BUILDING HEAT PSTF FIRE TOWER HEAT PSTF OCCUPANCY GENERAL SUPPLIES FIRE DEPT. GENERAL PROFESSIONAL SERVICES MEDIA STUDIO COST OF GOODS SOLD MIX YORK SELLING TELEPHONE GENERAL SUPPLIES RICHARDS GOLF COURSE SEWER CLEANING R55CKREG LOG20000 CITY OF EDINA 78.79 MERCHANDISE 233241 0206123 -IN 5440.5511 78.79 Council Check Register 333090 4/1/2010 102478 DAY DISTRIBUTING CO. 4/1/2010 -- 4/1/2010 233105 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 233301 544843 469.16 4,932.50 333082 411/2010 100695 CONTINENTAL CLAY CO. 642.07 CLAY 00009146 233183 INV000050873 5120.5510 COST OF GOODS SOLD 5,685.85 PETER PUGGER WNACUUM 00004188 233184 INV000050874 5100.1740 MACHINERY & EQUIPMENT 6,327.92 333083 4/1/2010 117052 CORNELIUS, TODD 156.00 INSTRUCTOR AC 233166 032510 5110.6103 PROFESSIONAL SERVICES 156.00 333084 41112010 101915 COUNTRY FLAGS 257.57 USA AND MINN FLAGS 233240 4736 1550.6406 GENERAL SUPPLIES 257.57 333085 4/1/2010 125183 CROW RIVER LIGHTING SERVICES 213.04 LIGHTS 00008006 233018 157 5511.6406 GENERAL SUPPLIES 213.04 333086 4/112010 121618 DAKOTA SUPPLY GROUP 1,160.15 METERS 00001914 233185 6408129 5917.6530 REPAIR PARTS 1,160.15 333087 411/2010 104020 DALCO 184.19 GRILL CLEANER, GLASS CLEANER 00006468 232916 2192979 5421.6511 CLEANING SUPPLIES 137.68 LPS 1, LPS 2 00001978 232917 2193593 1553.6530 REPAIR PARTS 321.87 333088 4/1/2010 124422 DANIMAL DISTRIBUTING INC. 3/31/2010 7:58:29 Page - 6 Business Unit ART SUPPLY GIFT GALLERY SHOP ART CENTER BALANCE SHEET ART CENTER ADMINISTRATION CENTRAL SERVICES GENERAL ARENA BLDG /GROUNDS METER REPAIR GRILL EQUIPMENT OPERATION GEN 200.87 233300 3011034 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 333089 4/1/2010 124125 DAPHNE'S HEADCOVERS 78.79 MERCHANDISE 233241 0206123 -IN 5440.5511 78.79 333090 4/1/2010 102478 DAY DISTRIBUTING CO. 1,340.75 233105 544846 5842.5514 873.70 233106 544844 5822.5514 2,718.05 233301 544843 5862.5514 4,932.50 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD BEER VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3131/2010 7:58:29 Council Check Register Page - 7 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 333091 41112010 100720 DENNYS 5TH AVE. BAKERY 25.14 BAKERY 232918 327970 5421.5510 COST OF GOODS SOLD GRILL 30.40 BAKERY 232985. 328092 5421.5510 COST OF GOODS SOLD GRILL 25.21 BAKERY 233019 328461 5421.5510 COST OF GOODS SOLD GRILL 80.75 333092 41112010 102831 DEX EAST 237.50 650243624 233186 650243624 -3/10 5631.6122 ADVERTISING OTHER CENTENNIAL ADMINISTRATION 18.40 110350670 233187 110350670 -3/10 5110.6122 ADVERTISING OTHER ART CENTER ADMINISTRATION 550.65 233242 110311893 -2/27 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 806.55 333093 4/1/2010 123985 DICK'SILAKEVILLE SANITATION IN 3,415.19 REFUSE 232919 1087861 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 3,477.90 REFUSE 232920 1082816 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 6,893.09 333094 411/2010 117435 DUNCAN, PATRICIA 135.00 INSTRUCTOR AC 233167 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 135.00 333095 41112010 124503 EDEN PRAIRIE WINLECTRIC CO. 399.10 LIGHTS 00001992 232921 07063100 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 399.10 333096 41112010 100744 EDINA CHAMBER OF COMMERCE 265.00 DIRECTORY AD 233243 28073 5822.6122 ADVERTISING OTHER 50TH ST SELLING 265.00 DIRECTORY AD 233243 28073 5842.6122 ADVERTISING OTHER YORK SELLING 265.00 DIRECTORY AD 233243 28073 5862.6122 ADVERTISING OTHER VERNON SELLING 795.00 333097 4/112010 101656 EDINA CHORALE 50.00 CANCELATION REFUND 232986 031910 5401.4553 CLUBHOUSE GOLF REVENUES 50.00 333098 4/112010 101630 EDINA PUBLIC SCHOOLS 300.00 CATALOG AD 233244 030410 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 300.00 333099 41112010 125415 EHMILLER, DAVID 48.00 COMMERCIAL DRIVERS LICENSE 233009 032310 1470.6260 LICENSES & PERMITS FIRE DEPT. GENERAL 48.00 R55CKREG LOG20000 245.62 CITY OF EDINA 333105 41112010 100760 FOWLER ELECTRIC CO. INC. Council Check Register 37.83 AIR CLEANER ELEMENT 00001939 232923 4/1/2010 - 411/2010 REPAIR PARTS Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 333100 4/112010 101848 FRANKLIN COVEY PRODUCTS 100649 ELECTRIC PUMP INC. 45.51 PLANNER REFILL 00001436 232924 397.40 PUMP PARTS 00005006 233245 0040738 -IN 5921.6530 REPAIR PARTS 397.40 333107 41112010 105158 FRANKLIN, ELIZABETH 333101 411/2010 106194 EMA INC. 360.00 INSTRUCTOR AC 233168 032510 5110.6103 PROFESSIONAL SERVICES 1,110.00 SCADA SERVICE 00001919 232922 B05604.052 -6 5913.6103 PROFESSIONAL SERVICES 333108 1,110.00 103039 FREY, MICHAEL 333102 41112010 1,550.00 113876 FAMILY TIMES INC. 032510 5110.6103 PROFESSIONAL SERVICES 1,550.00 445.00 ADVERTISING 00009152 233188 11789 5110.6122 ADVERTISING OTHER 125450 FRIENDS OF FIRKIN LLC 95.00 ADVERTISING 00009150 233189 11790 5110.6122 ADVERTISING OTHER 233302 032910 540.00 COST OF GOODS SOLD MIX 333103 41112010 105824 FLYING CLOUD ANIMAL HOSPITAL 73.46 K9 EXAM 233020 360461 4607.6103 PROFESSIONAL SERVICES 73.46 333104 41112010 101475 FOOTJOY 3/31/2010 7:58:29 Page- 8 Business Unit SANITARY LIFT STATION MAINT DISTRIBUTION ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION EDINA CRIME FUND K9 DONATION 40.60 MERCHANDISE 233246 3051965 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 58.20 MERCHANDISE 233247 3055615 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 146.82 MERCHANDISE 233248 3057084 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES EQUIPMENT OPERATION GEN PARK MAINTENANCE GENERAL ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION YORK SELLING 245.62 333105 41112010 100760 FOWLER ELECTRIC CO. INC. 37.83 AIR CLEANER ELEMENT 00001939 232923 68010700 1553.6530 REPAIR PARTS 37.83 333106 41112010 101848 FRANKLIN COVEY PRODUCTS 45.51 PLANNER REFILL 00001436 232924 69585087 1640.6406 GENERAL SUPPLIES 45.51 333107 41112010 105158 FRANKLIN, ELIZABETH 360.00 INSTRUCTOR AC 233168 032510 5110.6103 PROFESSIONAL SERVICES 360.00 333108 41112010 103039 FREY, MICHAEL 1,550.00 INSTRUCTOR AC 233169 032510 5110.6103 PROFESSIONAL SERVICES 1,550.00 333109 41112010 125450 FRIENDS OF FIRKIN LLC 350.00 233302 032910 5842.5515 COST OF GOODS SOLD MIX EQUIPMENT OPERATION GEN PARK MAINTENANCE GENERAL ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION YORK SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 4/1/2010 - 411/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledaer Account Description 3/31/2010 7:58:29 Page- 9 Business Unit 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5420.6530 REPAIR PARTS CLUB HOUSE 5420.6530 REPAIR PARTS CLUB HOUSE 1552.6406 350.00 CENT SVC PW BUILDING 1644.6556 TOOLS TREES & MAINTENANCE 333110 41112010 GENERAL SUPPLIES 118896 FRYKMAN, LAURA 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 300.00 INSTRUCTOR AC 1552.6406 233080 032410 5422.6406 300.00 MAINT OF COURSE & GROUNDS 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 333111 41112010 GENERAL SUPPLIES 101931 GEAR FOR SPORTS 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 1301.6556 372.43 JACKETS 233249 11376757 372.43 333112 41112010 101867 GETSINGER, DONNA 228.00 INSTRUCTOR AC 233170 032510 228.00 333113 41112010 104652 GILLIS, LOUISE 540.00 INSTRUCTOR AC 233081 032410 540.00 333114 41112010 101679 GOLFCRAFT INC. 276.00 GOLF CLUBS 233250 21923 276.00 333115 411/2010 100778 GOODIN COMPANY 456.42 FLUSH VALVES 00006399 232987 01814795 -00 344.65 TOILET PARTS 00006401 233021 01815561 -00 801.07 333116 4/1/2010 101103 GRAINGER 69.59 OINTMENT, BATTERIES 00001979 232925 9204115902 434.42 FORESTRY TOOLS 00001456 232926 9201347250 138.85 BATTERIES 00005002 232927 9208117227 133.45 STRETCH WRAP 00001990 232928 920657656 84.65 BRUSHES, DUCT TAPE 00005001 232929 9207817967 245.82 BATTERIES, GLOVES 00001988 232930 9206404700 204.81 RECYCLING CONTAINER 00006397 232988 9202075801 16.75 DEGREASER 233251 9206801038 89.79 BALLASTS 233252 9205745871 63.07 DRILL BITS, SCREWS 00005009 233253 9209504662 18.25 COUNTERSINK 00005015 233254 9210419405 1,519.45 333117 4/112010 102217 GRAPE BEGINNINGS INC 3/31/2010 7:58:29 Page- 9 Business Unit 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5420.6530 REPAIR PARTS CLUB HOUSE 5420.6530 REPAIR PARTS CLUB HOUSE 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1644.6556 TOOLS TREES & MAINTENANCE 5913.6406 GENERAL SUPPLIES DISTRIBUTION 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 1301.6556 TOOLS GENERAL MAINTENANCE R55CKREG LOG20000 CITY OF EDINA Council Check Register 4/1/2010 — 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 602.25 233107 117488 5842.5513 COST OF GOODS SOLD WINE 333118 41112010 102125 GREG LESSMAN SALES 332.74 GOLF BALLS 233255 41366_ 5440.5511 151.07 MERCHANDISE 233256 41333 5440.5511 483.81 333119 41112010 100790 HACH COMPANY 132.95 TEST KITS 00001983 232931 6647891 5915.6406 132.95 333120 411/2010 100797 HAWKINS INC. 2.501.25 CHEMICAL 00005451 233022 3102902 5915.6586 2,501.25 333121 41112010 100801 HENNEPIN COUNTY TREASURER 16,794.28 INTERIOR MAINTENANCE 233257 4103 1628.6103 16,794.28 333122 411/2010 116680 HEWLETT- PACKARD COMPANY 185.97 MONITOR FOR DISPATCH 00004313 232989 47314404 1554.6710 185.97 333123 4/112010 101073 HIGHWAY TECHNOLOGIES INC. 199.75 TRAFFIC CONTROL SEMINAR 00005977 232932 65048298 -001 5919.6104 199.75 333124 4/112010 104332 HILL, PRISCILLA 1,365.00 SPRING SUMMER SCHEDULE 233082 032410 5110.6103 1,365.00 333125 41112010 103753 HILLYARD INC - MINNEAPOLIS 171.49 SOAP 00002239 233190 6248699 5620.6511 171.49 333126 41112010 104375 HOHENSTEINS INC. 400.20 233046 515721 5862.5514 573.00 233108 516393 5842.5514 758.95 233303 516392 5862.5514 1,732.15 3/31/2010 7:58:29 Page- 10 Business Unit YORK SELLING COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES GENERAL SUPPLIES WATER TREATMENT WATER TREATMENT SUPPLIES WATER TREATMENT PROFESSIONAL SERVICES SENIOR CITIZENS EQUIPMENT REPLACEMENT CENT SERV GEN - MIS CONFERENCES & SCHOOLS TRAINING PROFESSIONAL SERVICES ART CENTER ADMINISTRATION CLEANING SUPPLIES EDINBOROUGH PARK COST OF GOODS SOLD BEER VERNON SELLING COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD BEER VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 11 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 333127 41112010 100814 INDELCO PLASTICS CORP 36.77 PVC 00001981 232933 598840 5912.6406 GENERAL SUPPLIES WELL HOUSES 36.77 333128 41112010 119808 INTEGRA TELECOM 300.15 PHONE / INTERNET 233258 6631286 7411.6188 TELEPHONE PSTF OCCUPANCY 300.15 333129 41112010 105198 INTERNATIONAL ASSOC. FOR PROPE 50.00 2010 MEMBERSHIP - M. BENTLEY 232990 71893 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 50.00 333130 41112010 100818 INTERSTATE POWER SYSTEMS INC 208.73 HVAC PARTS 233259 435121 RI 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 4.56 BELTS 233260 43465ORI 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 213.29 333131 4/1/2010 100386 J.R. JOHNSON SUPPLY INC. 125.49 SPRAYERS 00002200 233191 0041596 -IN 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 125.49 333132 4/112010 101400 JAMES, WILLIAM F 100.00 POLICE SERVICE 232991 040110 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 333133 41112010 124330 JEFF MARTIN COMPANY 400.00 CRANE TO REPLACE STREET LIGHMS001014 232934 6030 1322.6180 CONTRACTED REPAIRS STREET LIGHTING ORNAMENTAL 400.00 333134 41112010 100741 JJ TAYLOR DIST. OF MINN 411.00 233023 1379237 5421.5514 COST OF GOODS SOLD BEER GRILL 200.90 233024 1379233 5421.5514 COST OF GOODS SOLD BEER GRILL 173.80 233047 1369100 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 32.55 233048 1369102 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,707.30 233049 1369099 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,594.36 233109 1369149 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 85.50 233110 1364070 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 35.10 233111 1369150 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 177.75 233261 978316 5430.5514 COST OF GOODS SOLD BEER RICHARDS GOLF COURSE 323.00 233304 1369144 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 119.75 233305 1369148 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,760.10 233306 1369139 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 12 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 53.80 233307 1369140 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,413.65 233308 1369141 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 56.85 233309 1369143 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 13,145.41 233053 1800676 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 333135 4/1/2010 124104 JOHN DEERE LANDSCAPES 198.18 BALL WASHERS 00006394 232992 53557604 5422.6406 GENERAL SUPPLIES 198.18 MAINT OF COURSE & GROUNDS 333137 41112010 100835 JOHNSON BROTHERS LIQUOR CO. 3,803.47 233050 1800679 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2.24 233051 1800669 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,425.03 233052 1800677 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,134.87 233053 1800676 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 335.00 233054 1801023 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 436.62 233055 1801709 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 723.81 233056 1800678 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 217.24- 233057 452720 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 7.58- 233058 453267 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 16.00- 233059 453266 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 630.82 233112 1804457 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,063.36 233113 1804461 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,308.71 233114 1804459 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 112.12 233115 1804456 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 151.05 233116 1801893 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,515.28 233117 1804460 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 313.84 233118 1804458 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 8.06- 233119 452954 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 606.46 233310 1804445 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 512.07 233311 1804444 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 560.14 233312 1804443 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 796.77 233313 1804447 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 321.28 233314 1804446 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 121.12 233315 1804442 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 900.58 233316 1804462 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,168.37 233317 1804452 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 930.40 233318 1804451 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 178.24 233319 1804450 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,953.21 233320 1804453 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3,186.11 233321 1804455 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1.12 233322 1804449 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,737.85 233323 1804454 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 13 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 91.50 233324 1804851 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3.42- 233325 453503 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 12.48- 233326 453674 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 18.00- 233327 453675 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 18.00- 233328 453676 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 30,720.66 333138 41112010 103654 JOHNSON, DENISE 544.00 INSTRUCTOR AC 233083 032410 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 544.00 333139 41112010 122239 KANDIKO, GEORGIA 150.00 INSTRUCTOR AC 233171 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 150.00 333140 41112010 100536 KATZ- JAMES, GAIL 60.00 INSTRUCTOR AC 233084 032410 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 60.00 333141 4/112010 119919 KEY, CHARLOTTE 15.00 MUSEUM TRIP REFUND 233224 032510 1600.4390.15 GEN ADAPTIVE REC PARK ADMIN. GENERAL 15.00 333142 411/2010 117792 KIDDE FIRE TRAINERS INC. 2,788.00 MAINTENANCE CONTRACT 233262 6253 7413.6103 PROFESSIONAL SERVICES PSTF FIRE TOWER 2,788.00 333143 41112010 113963 KIEFER, KAREN 64.00 MILEAGE REIMBURSEMENT 233172 032510 5110.6107 MILEAGE OR ALLOWANCE ART CENTER ADMINISTRATION 75.00 SUPPLIES 233172 032510 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 150.00 JUDGE 233172 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 289.00 333144 41112010 101185 KNUTSON, KAREN 20.00 SUPPLIES 233085 032410 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 162.00 WORKSHOP 233085 032410 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 182.00 333145 41112010 106094 KOUTSKY, DEAN 432.00 INSTRUCTOR 233086 032410 5125.6103 PROFESSIONAL SERVICES MEDIA STUDIO 432.00 R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 14 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 333146 4/112010 100852 LAWSON PRODUCTS INC. 280.32 HEX NUTS, WASHERS 00005005 233192 9041470 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 420.04 BITS 00005005 233193 9041469 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 312.11 BITS 00005004 233194 9041471 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 1,012.47 333147 41112010 126298 LEARMAN, KRISTEN 120.00 INSTRUCTOR AC 233173 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 120.00 333148 4/1/2010 124810 LIFT BRIDGE BEER COMPANY 260.00 233060 2946 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 130.00 233329 3009 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 260.00 233330 3012 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 650.00 333149 411/2010 106301 LOFFLER COMPANIES INC. 102.26 COPIER USAGE 00005013 232935 1105673 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 102.26 333150 41112010 100858 LOGIS 600.00 233007 31883/31847 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 3,655.93 233007 31883/31847 1554.6160 DATA PROCESSING CENT SERV GEN - MIS 48.00 233008 31967/31995 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 63.75 233006 31967/31995 5910.6160 DATA PROCESSING GENERAL (BILLING) 159.95 233008 31967/31995 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 6,786.80 233008 31967/31995 1190.6160 DATA PROCESSING ASSESSING 1,690.00 DECEMBER STATEMENT 233010 31681/31660 5910.6160 DATA PROCESSING GENERAL (BILLING) 11,235.02 DECEMBER STATEMENT 233010 31681/31660 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 24,239.45 333151 4/1/2010 101792 LUBE -TECH 172.09 OIL 00001698 232936 1754634 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 172.09 333152 41112010 122472 M & I BANK 17.97 233263 031510 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 51.20 233263 031510 7410.6406 GENERAL SUPPLIES PSTF ADMINISTRATION 137.71 233263 031510 7414.6406 GENERAL SUPPLIES PUBLIC PROGRAMS 393.40 233263 031510 7410.6218 EDUCATION PROGRAMS PSTF ADMINISTRATION 600.28 R55CKREG LOG20000 54.09 233264 CITY OF EDINA 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 62.00 Council Check Register 032610 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 116.09 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 333153 41112010 112577 M. AMUNDSON LLP 10,974.00 PHONE MAINTENANCE CONTRACTOOANNUAL232940 0065451 -IN 1,725.00 TELEPHONE 233331 82438 5842.5515 COST OF GOODS SOLD MIX SYSTEM SOFTWARE SUPPORT 232941 1,725.00 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 333154 41112010 100864 MACQUEEN EQUIP INC. 333157 411/2010 914.80 EQUIPMENT PARTS 00001656 232937 2102129 1553.6530 REPAIR PARTS 354.69 SHOCK ABSORBERS, DIRT SHOES 00001991 232938 2102301 1553.6530 REPAIR PARTS 5422.6180 CONTRACTED REPAIRS 28.50 SHOCK ABSORBER 00001991 232939 2102415 1553.6530 REPAIR PARTS 1,297.99 333158 41112010 105603 MEDICINE LAKE TOURS 333155 411/2010 124000 MARTIN, KAYLIN 1,094.50 3/31/2010 7:58:29 Page - 15 Business Unit YORK SELLING EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN 54.09 233264 032610 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 62.00 233264 032610 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 116.09 333156 4/112010 102600 MATRIX COMMUNICATIONS INC 10,974.00 PHONE MAINTENANCE CONTRACTOOANNUAL232940 0065451 -IN 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 6,346.38 SYSTEM SOFTWARE SUPPORT 232941 0065337 -IN 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 17,322.38 333157 411/2010 103944 MED COMPASS 250.00 MED TESTING 232993 15544 5422.6180 CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS 250.00 333158 41112010 105603 MEDICINE LAKE TOURS 1,094.50 ST. PAUL TRIP 232942 031810 1628.6103.07 TRIPS PROF SERVICES SENIOR CITIZENS 1,094.50 333159 4/1/2010 101987 MENARDS 75.57 BUILDING MATERIALS 00001461 232943 63557 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 35.13 BUILDING MATERIALS 00001828 232944 64381 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 34.97 BUILDING MATERIALS 00001827 232945 64119 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 153.00 WOOD, SCREWS, WASHERS 00002028 233195 43205 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 129.60 FILTERS, TOTES 00002027 233196 64169 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 69.70 TOTES, BULBS, PAINT 00002030 233223 65684 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 497.97 333160 41112010 102281 MENARDS 85.29 FLOOR CLEANER 00006691 232994 99676 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 85.29 333161 41112010 106042 METROPOLITAN AIRPORTS COMMISSI R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 16 4/1/2010 - 411/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 300.00 BIKE SCHOOL 232946 IPMBA2010 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 300.00 333162 4/1/2010 104650 MICRO CENTER 26.71 PORT SWITCH 00004312 232995 2682339 5621.6406 GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION 42.74 WIRELESS MOUSE 00004312 232995 2682339 1180.6406 GENERAL SUPPLIES ELECTION 49.14 MEMORY FOR BGC 00004312 232995 2682339 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 38.75 CDS, MOUSE 00009150 233197 2669579 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 284.42 MONITOR, SERVICE PLAN 00009152 233198 2681062 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 441.76 333163 41112010 100019 MIDWEST ART FAIRS 89.55 CONSIGNMENT SALES 233199 6583 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 89.55 333164 41112010 120926 MILBERrS LOCK & SAFE CO. LLC 175.00 OPEN STORAGE LOCKER 233200 916798 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 175.00 333165 411/2010 125297 MILLS- NOVOA, NICOLE 944.00 INSTRUCTOR AC 233174 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 944.00 333166 411/2010 105716 MINNESOTA AWWA 1,260.00 WATER OPERATOR SCHOOL (6) 233265 032610 5919.6104 CONFERENCES & SCHOOLS TRAINING 1,260.00 333167 4/112010 100905 MINNESOTA GOLF ASSOCIATION 360.00 MGA DUES 00006471 233025 1500.2010 5410.6105 DUES & SUBSCRIPTIONS GOLF ADMINISTRATION 360.00 333168 4/112010 100066 MINNESOTA MAILING SOLUTIONS 68.65 POSTAGE MACHINE TAPES 232947 61698 1550.6235 POSTAGE CENTRAL SERVICES GENERAL 68.65 333169 4/1/2010 118144 MINNESOTA PREMIER PUBLICATIONS 448.00 ADVERTISING 00009154 233201 109398 5110.6122 ADVERTISING OTHER ART CENTER ADMINISTRATION 448.00 333170 4/112010 126472 MNTOP LLC 58.00 STICKY WALL 233356 11394 1120.6406 GENERAL SUPPLIES ADMINISTRATION 58.00 R55CKREG LOG20000 4,236.78 CITY OF EDINA Council Check Register 41112010 102308 MSANI 4/1/2010 — 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 333171 41112010 1400.6104 122241 MONAHAN, KIMBERLY 100.00 216.00 INSTRUCTOR AC 233175 032510 5110.6103 PROFESSIONAL SERVICES 333176 216.00 100906 MTI DISTRIBUTING INC. 333172 41112010 121491 MORRIE'S PARTS & SERVICE GROUP 36,943.06 FAIRWAY MOWER 120.90 LINKS 00001738 233266 477458F6W 1553.6530 REPAIR PARTS MACHINERY & EQUIPMENT 120.90 22,088.02 GREENS MOWER 00006388 333173 4/112010 5400.1740 108668 MORRIS, GRAYLYN 3131/2010 7:58:29 Page - 17 Business Unit ART CENTER ADMINISTRATION EQUIPMENT OPERATION GEN 150.00 EP ENTERTAINMENT 4/15/10 233202 032610 5621.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 150.00 333174 4/1/2010 100912 MOTOROLA INC. 2,118.39 SERVICE AGREEMENT 1/01- 3131/10 233026 78138203 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 2118.39 SERVICE AGREEMENT 4101- 6/30/10 233027 78138207 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL POLICE DEPT. GENERAL GOLF BALANCE SHEET GOLF BALANCE SHEET EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PARK ADMIN. GENERAL CENTENNIAL ADMINISTRATION POLICE DEPT. 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GENERAL CENTENNIAL ADMINISTRATION POLICE DEPT. 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ALLISON 232997 20447570 1260.6105 40.00 333186 41112010 104687 OIKOS TREE CROPS 192.62 PLANTINGS 00001460 232950 36041 1644.6541 192.62 333187 41112010 100936 OLSEN COMPANIES 66.64 CHAIN PARTS 00001438 232951 585372 1646.6406 66.64 333188 4/112010 101439 OLSEN FIRE INSPECTION 175.00 INSPECTION 00006480 233267 21002252 5210.6230 175.00 333189 411/2010 100940 OWENS COMPANIES INC. 755.39 FURNACE REPAIR 00006478 233268 33671 5210.6230 755.39 333190 4/112010 124697 PARKER, CHELSEA 296.00 MEDIA INSTRUCTION 233088 032410 5125.6103 ADVERTISING OTHER COST OF GOODS SOLD COST OF GOODS SOLD PROFESSIONAL SERVICES GENERAL SUPPLIES DUES & SUBSCRIPTIONS PLANTINGS & TREES GENERAL SUPPLIES 3/31/2010 7:58:29 Page- 16 Business Unit EDINBOROUGH PARK ART CENTER ADMINISTRATION ART SUPPLY GIFT GALLERY SHOP ART SUPPLY GIFT GALLERY SHOP ART CENTER ADMINISTRATION GOLF ADMINISTRATION ENGINEERING GENERAL TREES & MAINTENANCE BUILDING MAINTENANCE SERVICE CONTRACTS EQUIPMENT GOLF DOME PROGRAM SERVICE CONTRACTS EQUIPMENT GOLF DOME PROGRAM PROFESSIONAL SERVICES MEDIA STUDIO R55CKREG LOG20000 Check# Date Amount Supplier/ Explanation GENERAL (BILLING) 233208 296.00 1280.6406 333191 411/2010 233208 102440 PASS, GRACE 1490.6107 MILEAGE OR ALLOWANCE 714.00 POTTERY MAINTENANCE 032510 2210.6406 832.00 INSTRUCTOR AC 233208 032510 1,546.00 MEETING EXPENSE 333192 41112010 032510 100347 PAUSTIS & SONS GENERAL SUPPLIES LIQUOR YORK GENERAL 1,530.75 032510 5913.6406 GENERAL SUPPLIES 1,506.50 233208 032510 5840.6107 1,055.45 LIQUOR YORK GENERAL 233208 032510 4,092.70 MEETING EXPENSE 333193 4/112010 032510 123330 PEARSON, KARI CONFERENCES & SCHOOLS PARK MAINTENANCE GENERAL 162.00 INSTRUCTOR AC 1160.6106 MEETING EXPENSE 162.00 233208 333194 41112010 CONFERENCES & SCHOOLS 100945 PEPSI -COLA COMPANY 233208 032510 818.25 MILEAGE OR ALLOWANCE ADMINISTRATION 233208 818.25 . 5860.6107 333195 41112010 233208 100946 PERA 1260.6107 MILEAGE OR ALLOWANCE 18.73 SLWOP EMPLOYER MATCH 032510 2210.6107 18.73 COMMUNICATIONS 333196 411/2010 100950 PETTY CASH .44 3.75 4.50 11.14 12.84 14.87 15.01 16.00 17.00 20.00 20.00 21.00 22.00 24.00 81.50 104.58 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 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20 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 388.63 333198 41112010 100743 PHILLIPS WINE & SPIRITS 105.50 233061 2885541 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 990.68 233062 2885335 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 590.03 233063 2885344 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,821.02 233064 2885341 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 171.36 233065 2885342 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 75.12- 233066 3433265 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 691.64 233122 2888168 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,491.28 233123 2888167 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 566.79 233124 2888169 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 196.48 233125 2888162 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 163.35 233126 2886032 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 576.00 233127 2886133 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 10.00- 233128 3433343 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 401.72 233333 2888160 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,646.29 233334 2888158 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 267.06 233335 2888159 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 498.06 233336 2888161 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 610.34 233337 2888164 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 519.39 233338 2888165 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 74.24 233339 2888166 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 3,563.98 233340 2888163 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 322.00 233341 2888399 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 248.25 233342 2888400 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 92.12- 233343 3433787 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 19,338.22 333199 4/112010 119620 POMP'S TIRE SERVICE INC. 760.95 TIRES 00001944 232952 421303 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 749.32 TIRES 00001815 232953 421339 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,510.27 333200 4/1/2010 100961 POSTMASTER - USPS 132.00 STAMPS 233093 032410 5110.6235 POSTAGE ART CENTER ADMINISTRATION 132.00 333201 411/2010 114070 PRECISION AUTO UPHOLSTERY INC. 145.78 SEAT PAD 00001287 233288 17271 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 145.78 R55CKREG LOG20000 VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING CITY OF EDINA COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE Council Check Register COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 333202 41112010 102728 PRECISION LANDSCAPE AND TREE C 507.66 OAK TREE REMOVAL 00001835 232954 10058 4088.6103 507.66 333203 4/112010 124831 PRESSWRITE PRINTING INC. 454.86 CRIME VICTIM CARDS 00003660 233031 055933 1400.6575 454.86 333204 411/2010 102642 PRESTIGE FLAG 614.99 GOLF FLAGS 232998 317188 5422.6406 614.99 333205 41112010 105690 PRO -TEC DESIGN INC. 5,925.00 ACCESS CONTROL MAINT CONTRACT 232999 54886 1554.6230 5,925.00 333206 41112010 100971 QUALITY WINE 1,993.19 233129 284470 -00 5862.5512 236.80 233130 284719 -00 5862.5513 480.40 233131 283739 -00 5862.5513 2,165.51 233132 284490 -00 5842.5512 572.80 233133 284718 -00 5842.5513 749.60 233134 283738 -00 5842.5513 638.00 233135 284468 -00 5822.5512 953.00 233136 283740 -00 5822.5513 417.15 233137 284720 -00 5822.5513 8.67- 233138 281412 -00 5842.5513 8,197.78 333207 41112010 100980 ROBERT B. HILL CO. 306.20 SOFTENER SALT 00008007 233032 00232789 5511.6406 306.20 333208 41112010 119655 RUPP, GAYLE 15.00 MUSEUM TRIP REFUND 233225 032510 1600.4390.15 15.00 333209 41112010 101682 S & S WORLDWIDE INC. 838.74 PLAYGROUND PROGRAM SUPPLIES0007159 233209 6535891 1624.6406 838.74 333210 41112010 100988 SAFETY KLEEN Subledger Account Description PROFESSIONAL SERVICES PRINTING GENERAL SUPPLIES 3/31/2010 7:58:29 Page - 21 Business Unit TREE REMOVAL POLICE DEPT. 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JOSEPH EQUIPMENT CO INC 38.75 233001 SI77214 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 117.54 WIPER BLADES 00001514 233033 SI76385 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 413.39 BUCKET WELD 00001680 233034 S177021 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 569.68 333221 41112010 125416 STOEBNER, JEFFREY 10.00 DOG LICENSE REFUND 233035 032410 1400.4120 DOG LICENSES POLICE DEPT. GENERAL 10.00 333222 41112010 123446 STOEHR, MARK 288.00 INSTRUCTOR AC 233177 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 288.00 333223 41112010 106452 STONE, HOLLY 720.00 INSTRUCTOR AC 233178 032510 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 720.00 333224 411/2010 102639 STROHMYER, TOM 150.00 EP ENTERTAINMENT 4/1/10 233212 032610 5621.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 150.00 R55CKREG LOG20000 4/1/2010 GRILL 111616 T.D. ANDERSON INC. CITY OF EDINA GOLF ADMINISTRATION 3/31/2010 7:58:29 MILEAGE OR ALLOWANCE 38.00 BEER LINE CLEANING 232963 176422 Council Check Register REPAIR PARTS Page - 24 5421.5514 COST OF GOODS SOLD BEER GRILL 333229 4/1/2010 4/1/2010 - 4/1/2010 101027 TARGET COST OF GOODS SOLD BEER Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 333225 41112010 101017 SUBURBAN CHEVROLET 333230 4/1/2010 120602 TEAGUE, CARY 87.09 MIRROR 00001943 232962 230560 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 233275 032610 87.09 143.50 333226 41112010 102140 SUN MOUNTAIN SPORTS INC. 625.00 ADVERTISING 00006470 74.10 MERCHANDISE 233273 418778 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 2,967.89 MERCHANDISE 233274 418871 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 3,041.99 LIGHTS, BULBS 00001661 232964 43614 -00 333227 411/2010 120998 SURLY BREWING CO. 333233 411/2010 101035 THORPE DISTRIBUTING COMPANY 480.00 233139 MVP00282 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 333228 4/1/2010 GRILL 111616 T.D. ANDERSON INC. GENERAL SUPPLIES GOLF ADMINISTRATION 1140.6107 MILEAGE OR ALLOWANCE 38.00 BEER LINE CLEANING 232963 176422 1553.6530 REPAIR PARTS 38.00 5421.5514 COST OF GOODS SOLD BEER GRILL 333229 4/1/2010 GRILL 101027 TARGET COST OF GOODS SOLD BEER GRILL 5862.5515 COST OF GOODS SOLD MIX 52.33 X- XXX -XX9 -840 SUPPLIES 233036 031810 52.33 333230 4/1/2010 120602 TEAGUE, CARY 143.50 MILEAGE REIMBURSEMENT 233275 032610 143.50 333231 4/1/2010 122768 TEE TIMES PRESS 625.00 ADVERTISING 00006470 233037 10435 625.00 333232 41112010 101326 TERMINAL SUPPLY CO 80.15 LIGHTS, BULBS 00001661 232964 43614 -00 80.15 333233 411/2010 101035 THORPE DISTRIBUTING COMPANY 255.00 232965 583649 122.10 232966 583648 255.00 233038 00770372 73.25 233345 584229 3,205.70 233346 584228 5421.6102 CONTRACTUAL SERVICES GRILL 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 1140.6107 MILEAGE OR ALLOWANCE PLANNING 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 5421.5514 COST OF GOODS SOLD BEER GRILL 5421.5514 COST OF GOODS SOLD BEER GRILL 5421.5514 COST OF GOODS SOLD BEER GRILL 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING R55CKREG LOG20000 GOLF CLUBS 233276 CITY OF EDINA 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES Council Check Register MERCHANDISE 233277 1461162 4/1/2010 - 41112010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 233278 3,911.05 5440.5511 COST OF GOODS - PRO SHOP 333234 4/112010 302.27 120700 TIGER OAK PUBLICATIONS INC. 233279 1458084 400.00 EDINA ART CENTER AD 00009141 233213 2010 -44880 5110.6122 ADVERTISING OTHER 400.00 WELDING SUPPLIES 00001943 333235 41112010 300446 101474 TITLEIST WELDING SUPPLIES 3/31/2010 7:58:29 Page- 25 Business Unit ART CENTER ADMINISTRATION 420.85 GOLF CLUBS 233276 1459839 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 600.00 MERCHANDISE 233277 1461162 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 4,194.10 GOLF BALLS 233278 1455077 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 302.27 MERCHANDISE 233279 1458084 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES DISTRIBUTION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS CENTRAL SERVICES GENERAL BUILDING MAINTENANCE ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION DISTRIBUTION 5,517.22 333236 41112010 101038 TOLL GAS & WELDING SUPPLY 22.54 GRINDER WHEELS 00001941 232967 300240 5913.6406 GENERAL SUPPLIES 56.47 WELDING SUPPLIES 00001943 232968 300446 1553.6580 WELDING SUPPLIES 110.25 PROPANE FUEL 00001697 232969 300445 1553.6530 REPAIR PARTS 189.26 333237 41112010 118190 TURFWERKS LLC 127.29 BRAKE LINE 00005020 232970 J126241 1553.6530 REPAIR PARTS 316.93 BEARINGS, SHAFTS 233002 JI26226 5422.6530 REPAIR PARTS 444.22 333238 4/1/2010 123969 TWIN CITIES OCCUPATIONAL HEALT 149.50 PRE - EMPLOYMENT PHYSICAL 233280 101647158 1550.6121 ADVERTISING PERSONNEL 149.50 333239 41112010 101360 TWIN CITY HARDWARE CO. 2,312.81 DOOR REPAIRS 00001837 232971 388145 1646.6180 CONTRACTED REPAIRS 2,312.81 333240 41112010 102104 UNDIS, PAT 20.00 SUPPLIES 233092 032410 5110.6564 CRAFT SUPPLIES 162.00 WORKSHOP 233092 032410 5110.6103 PROFESSIONAL SERVICES 182.00 333241 4/112010 103298 UPS STORE #1716, THE 26.46 SHIPPING CHARGE 00001921 233281 TRAN:7069 5913.6103 PROFESSIONAL SERVICES 26.46 333242 4/1/2010 114236 USA BLUE BOOK DISTRIBUTION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS CENTRAL SERVICES GENERAL BUILDING MAINTENANCE ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION DISTRIBUTION R55CKREG LOG20000 CITY OF EDINA Council Check Register 4/1/2010 - 4/1/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 183.03 RUBBER BOOTS 00001772 232972 110553 5913.6406 GENERAL SUPPLIES 110.98 MH PICK 00001873 232973 108666 5913.6406 GENERAL SUPPLIES PROFESSIONAL SERVICES GENERAL SUPPLIES PAPER SUPPLIES PAPER SUPPLIES TELEPHONE REPAIR PARTS DUES & SUBSCRIPTIONS 3/31/2010 7:58:29 Page - 26 Business Unit DISTRIBUTION DISTRIBUTION ENERGY & ENVIRONMENT COMM BUILDING MAINTENANCE YORK SELLING YORK SELLING POLICE DEPT. GENERAL GOLF CARS GOLF ADMINISTRATION COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING GENERAL SUPPLIES BUILDING MAINTENANCE REPAIR PARTS STREET LIGHTING ORNAMENTAL PRINTING ART CENTER ADMINISTRATION PRINTING ART CENTER ADMIP'--RATION 294.01 333243 41112010 125468 USGBC- MINNESOTA 225.00 EVENT CONFIRMATION 233286 10256440 1122.6103 225.00 333244 4/1/2010 101068 VAN PAPER CO. 735.12 TISSUE, TOWELS, LINERS 00001463 232974 153948 -00 1646.6406 393.33 LIQUOR BAGS 00007512 233214 154257 -00 5842.6512 56.28- CREDIT 00007512 233215 153830CM 5842.6512 1,072.17 333245 4/1/2010 102970 VERIZON WIRELESS 93.81 233216 2370615212 1400.6188 93.81 333246 411/2010 101063 VERSATILE VEHICLES INC. 329.09 WINDSHIELD KITS 00006193 233003 46879 5423.6530 329.09 333247 4/112010 102571 VGM CLUB 160.00 MEMBERSHIP DUES 00006479 233282 190035 -2010 5410.6105 160.00 333248 41112010 119454 VINOCOPIA 222.09 233141 0024204 -IN 5862.5512 222.09 333249 411/2010 102218 VINTAGE ONE WINES 498.50 233067 13431 5862.5513 498.50 333250 4/1/2010 101069 VOSS LIGHTING 147.16 LIGHTS 00001993 232975 15151452 -00 1646.6406 283.18 LIGHTS 00001993 232975 15151452 -00 1322.6530 430.34 333251 4/1/2010 121042 WALLACE CARLSON PRINTING 523.69 RECEIPT 00009157 233217 34058 5110.6575 261.02 POSTCARD - BIRD SHOW 00009156 233218 34311 5110.6575 PROFESSIONAL SERVICES GENERAL SUPPLIES PAPER SUPPLIES PAPER SUPPLIES TELEPHONE REPAIR PARTS DUES & SUBSCRIPTIONS 3/31/2010 7:58:29 Page - 26 Business Unit DISTRIBUTION DISTRIBUTION ENERGY & ENVIRONMENT COMM BUILDING MAINTENANCE YORK SELLING YORK SELLING POLICE DEPT. GENERAL GOLF CARS GOLF ADMINISTRATION COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING GENERAL SUPPLIES BUILDING MAINTENANCE REPAIR PARTS STREET LIGHTING ORNAMENTAL PRINTING ART CENTER ADMINISTRATION PRINTING ART CENTER ADMIP'--RATION R55CKREG LOG20000 CITY OF EDINA Council Check Register 41112010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doe No Inv No Account No Subledger Account Description 3,878.99 CLASS SCHEDULES 00009155 233219 34396 5110.6575 PRINTING 5110.6564 5110.6103 1600.4390.26 5841.6103 1600.4390.15 1190.6104 5862.5513 5822.5513 5862.5513 CRAFT SUPPLIES PROFESSIONAL SERVICES 3/31/2010 7:58:29 Page - 27 Business Unit ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION GIN WEIDENFELLERS PROGRAMS PARK ADMIN. GENERAL PROFESSIONAL SERVICES GEN ADAPTIVE REC CONFERENCES & SCHOOLS YORK OCCUPANCY PARK ADMIN. GENERAL ASSESSING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE 4,663.70 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 333252 4/1/2010 VERNON SELLING 104681 WEBB, DONNA COST OF GOODS SOLD WINE YORK SELLING 5842.5513 COST OF GOODS SOLD WINE 40.00 SUPPLIES 233179 032510 5842.5513 COST OF GOODS SOLD WINE 180.00 INSTRUCTOR AC 233179 032510 220.00 333253 41112010 124140 WEIDENFELLER, VIRGENE 90.00 PROGRAM SERVICES 233005 032410 90.00 333254 411/2010 103266 WELSH COMPANIES LLC 566.06 APRIL MAINTENANCE 233004 040110 566.06 333255 41112010 125444 WENTINK, JESSICA 15.00 MUSEUM TRIP REFUND 233226 032510 15.00 333256 4/1/2010 114588 WILSON, ROBERT C. 135.00 PROPERTY TAX APPEALS WEBCAST 233221 032610 135.00 333257 4/112010 101033 WINE COMPANY, THE 285.00 233142 239277 -00 419.15 233143 239276 -00 264.00- 233144 238437 -00 440.15 333258 4/1/2010 101312 WINE MERCHANTS 1,262.82 233068 310738 3,319.50 233145 311539 42.67 233146 311537 3,894.00 233347 311538 298.69 233348 311536 1,901.75 233349 311535 10,719.43 333259 4/1/2010 124291 WIRTZ BEVERAGE MINNESOTA 111.85 233069 375093 3,755.89 233070 373775 5110.6564 5110.6103 1600.4390.26 5841.6103 1600.4390.15 1190.6104 5862.5513 5822.5513 5862.5513 CRAFT SUPPLIES PROFESSIONAL SERVICES 3/31/2010 7:58:29 Page - 27 Business Unit ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION GIN WEIDENFELLERS PROGRAMS PARK ADMIN. GENERAL PROFESSIONAL SERVICES GEN ADAPTIVE REC CONFERENCES & SCHOOLS YORK OCCUPANCY PARK ADMIN. GENERAL ASSESSING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 3/31/2010 7:58:29 Council Check Register Page - 28 4/1/2010 - 4/1/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 96.00- 233071 797932 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 25.31- 233072 798013 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 13.66- 233073 798016 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 48.00- 233074 797931 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 88.88 233147 376771 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 4,533.25 233148 376769 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 83.15 233149 376770 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4,149.35 233150 376772 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 106.20 233151 376773 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 9,262.81 233152 376776 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58.52 233153 376777 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 2,010.57 233154 376778 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,106.79 233155 376774 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 23.99- 233156 798012 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,033.34 233350 376775 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 49.05- 233351 798244 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 56.00- 233352 797933 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 26,988.59 333260 411/2010 124529 WIRTZ BEVERAGE MINNESOTA BEER 58.40 233075 584193 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,806.25 233076 584192 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,809.00 233157 585048 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,414.06 233353 586783 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 199.50 233354 586998 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 6,287.21 333261 41112010 101082 WITTEK GOLF SUPPLY 256.67 RUBBER TEES 233283 235512 5424.6406 GENERAL SUPPLIES RANGE 256.67 333262 4/1/2010 101086 WORLD CLASS WINES INC 1,769.65 233158 245182 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 16.00- 233159 244879 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 367.00 233160 245186 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 180.00- 233355 245338 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,940.65 333263 4/1/2010 101726 XCEL ENERGY 35.35 51- 5276505 -8 233006 232007174 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 97.60 WIRE REPAIR 51- 9565706 -8 00001920 233220 314186477 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 57.14 51- 4420190 -3 233284 232504397 1321.6185 LIGHT & POWER STREET LIGHTING r 'BAR R55CKREG LOG20000 Check# Date 333264 41112010 Amount Supplier/ Explanation CITY OF EDINA Council Check Register 4/1/2010 — 4/1/2010 PO # Doc No Inv No Account No Subledger Account Description 190.09 101089 ZEE MEDICAL SERVICE 170.23 FIRST AID SUPPLIES 00008015 233039 54065763 170.23 403,657.39 Grand Total 5510.6610 SAFETY EQUIPMENT Payment Instrument Totals Check Total 403,657.39 Total Payments 403,657.39 3/31/2010 7:58:29 Page - 29 Business Unit ARENA ADMINISTRATION R55CKSUM LOG20000 CITY OF EDINA Council Check Summary 4/1/2010 - 411/2010 Company Amount 01000 GENERAL FUND 107,960.62 02200 COMMUNICATIONS FUND 7,311.39 04000 WORKING CAPITAL FUND 7,557.28 05100 ART CENTER FUND 29,803.40 05200 GOLF DOME FUND 1,781.04 05400 GOLF COURSE FUND 79,648.47 05500 ICE ARENA FUND 689.47 05600 EDINBOROUGH/CENT LAKES FUND 2,608.04 05800 LIQUOR FUND 150,196.48 05900 UTILITY FUND 10,339.67 07400 PSTF AGENCY FUND 5,761.53 Report Totals 403,657.39 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_pgliGies and procedume to y I Q6a Fi 3/3112010 7:59:21 Page - 1 CITY OF EDINA CITY COUNCIL CREDIT CARD PAYMENT REGISTER 2/26/10 - 3/25/10 Card Holder Aerchani Account Name Trans Date Amount Purchase Discription Merchant Name Merchant City State Code JOHN KEPRIOS 2010/02/25 $35.00. GIFT CERTIFICATE LUCKY 13 BLOOMINGTON MN 4077.6406 JOHN KEPRIOS 2010/03/01 $100.00 POSTAGE PITNEYBOWES- POSTAGE 800 -468 -8454 CT 5621.6235 JOHN KEPRIOS 2010/03/02 $70.00 CONFERENCE MN RECREATION AND PARN763- 571 -1305 MN 1600.6104 JOHN KEPRIOS 2010/03/15 $249.00 CONFERENCE MN RECREATION AND PARI.763- 571 -1305 MN 1600.6104 JOHN KEPRIOS 2010/03/16 $249.00 CONFERENCE MN RECREATION AND PARN763- 571 -1305 MN 5621.6104 JOHN KEPRIOS 2010/03/19 $35.61 EQUIPMENT RENTAL PITNEY BOWES* 800 - 228 -1071 CT 5621.6235 JOHN KEPRIOS 2010/03/19 $779.00 POPCORN MACHINE SNAPPY POPCORN CO INC 712 - 6732347 IA 5321.6406 JOHN KEPRIOS 2010/03/19 $159.00 CONFERENCE MN RECREATION AND PARK 763- 571 -1305 MN 1600.6104 JOHN KEPRIOS 2010/03/24 $100.00 POSTAGE PITNEYBOWES- POSTAGE 800 -468 -8454 CT 5621.6235 JEFF LONG 2010/02/25 $185.64 CRIMINAL CODE MINNESOTAS BOOKSTORE SAINT PAUL MN 1400.6405 JEFF LONG 2010/03/01 $74.71 FIREARMS PARTS DPMS PANTHER ARMS ST. CLOUD MN 1400.6551 JEFF LONG 2010/03/01 $18.23 PLAQUE OFFICE DEPOT #415 EDEN PRARIE MN 1400.6406 JEFF LONG 2010/03/06 $272.06 SWAT TRAINING DAVANNI'S #15 EDINA MN 1400.6104 JEFF LONG 2010/03/11 $94.00 YELLOW CHALK THE PARKING ZONE 800 - 292 -7275 WA 1400.6406 JEFF LONG 2010/03/20 $309.65 SWAT TRAINING DAVANNI'S #15 EDINA MN 1400.6104 DEB MANGEN 2010/03/16 $105.72 COUNCIL WORKSHOP PAN ERA BREAD #1307 SAINT LOUIS P MN 1100.6106 DEB MANGEN 2010/03/16 $27.00 CONFERENCE GREEN MILL ST CLOUD ST CLOUD MN 1180.6104 DEB MANGEN 2010/03/20 $449.28 CONFERENCE BEST WESTERN HOTELS - : ST. CLOUD MN 1180.6104 DEB MANGEN 2010/03/23 $17.25 POSTAGE THE UPS STORE #1715 EDINA MN 1180.6406 JOHN WALLIN 2010/02/25 $375.46 EMPLOYEE RECOGNITION MACY *S EAST #231 EDINA MN 1513.6103 JOHN WALLIN 2010/03/02 $106.63 COUNCIL WORKSHOP PAN ERA BREAD #1307 SAINT LOUIS P MN 1100.6106 JOHN WALLIN 2010/03/04 $15.00 CERTIFICATE SECRETARY OF STATE 651- 2011368 MN 1500.6103 JOHN WALLIN 2010/03/04 $15.00 CERTIFICATE SECRETARY OF STATE 651- 2011368 MN 1500.6103 JOHN WALLIN 2010/03/09 $61.09 ADMINISTRATION MEETING PAN ERA BREAD #1307 SAINT LOUIS P MN 1120.6106 JOHN WALLIN 2010/03/17 $366.07 PRINTER SUPPLIES GWJ CO 626- 336 -1134 CA 1495.6406 JOHN WALLIN 2010/03/24 $295.00 AIGA DUES AMERICAN INST OF GRAPH1212- 807 -1990 NY 2210.6105 4,564.40 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 i s and procedures date �t � NO Fin CitMtinager 1. A O �8 88 Rn; REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. V. B. From: Eric Roggeman Assistant Finance Director ® Action F] Discussion Information Date: April 6, 2010 Subject: Preliminary 2009 Year End Financials & Recommended Transfers ACTION REQUESTED: Staff recommends that Council adopt a motion to transfer $700,000 to the Construction Fund per the Fund Balance Policy and to record $300,372 in excess TIF collections received during 2009 as revenue evenly split between the Arena, Art Center, and Golf enterprise funds. INFORMATION /BACKGROUND: After the 2008 audit the City had $692,836 in unreserved, undesignated fund balance in the General Fund according to the City's Fund Balance Policy. At that time, Council chose to let the amount remain in the General Fund as a reserve against the uncertain economic conditions of 2009. Now that 2009 is over and the audit has started, it is clear that various decisions made to reduce spending in 2009 were extremely successful, as total General Fund expenditures were close to $2.5 million under budget for the year. These efforts were so successful that there will be another surplus in 2009 despite revenue declines. Considering the new 2009 surplus, staff is recommending that it is now safe to transfer $700,000, the approximate amount of the 2008 surplus, to the Construction Fund per the City's Fund Balance Policy. During 2009 the City also received $500,372 in excess TIF collections due to the decertification of TIF districts at 50th & France and Edinborough on August 1, 2009. Although the amount was uncertain, the City was aware this payment was coming and has previously committed $200,000 to the payment of debt service on the Public Works facility debt as part of the 2009 budget resolution. Staff recommends that we split the remaining $300,372 into 3 equal parts and record this one -time revenue in the Arena, Art Center, and Golf enterprise funds. Staff is recommending these enterprises because the Arena, Art Center, and Golf enterprises all had negative unrestricted net assets after the 2008 audit of $82,799, $20,262, and $1,530,502, respectively. Based on the preliminary unaudited financials for 2009, it appears the 2009 balances will be similar. Our bond raters have started inquiring about 4 these facilities and staff believes that adding this cash will help to strengthen the balance sheets for these enterprises. ATTACHMENTS: 1. Preliminary (unaudited) 2009 Budgetary Comparison Schedule for the General Fund. 2. Preliminary (unaudited) 2009 Statement of Revenues and Expenses for the Arena, Art Center, and Golf enterprise funds. P Revenues Property Taxes Licenses & Permits Intergovernmental Fees & Charges Fines & Forfeits Other Expenditures General Government Public Safety Public Works Park Department Other Financing Liquor Transfer Capital Contribution Construction Transfer Equipment Transfer Asset Sales CITY OF EDINA GENERAL FUND PRELIMINARY RESULTS (UNAUDITED) Unaudited 2009 Budget Actual Variance $ 21,052,691 $ 20,742,167 $ (310,524) 2,797,715 2,081,139 (716,576) 757,000 884,649 127,649 2,701,480 2,759,163 57,683 900,000 1,148,440 248,440 653,972 441,561 (212,411) 28,862,858 28,057,119 (805,739) 2008 Increase Actual (Decrease) $ 19,983,295 $ 758,872 2,885,781 (804,642) 825,049 59,600 3,039,841 (280,678) 968,893 179,547 533,419 (91,858) 28,236,278 (179,159) 4,498,511 4,012,799 (485,712) 4,008,170 4,629 14,648,719 13,762,611 (886,108) 14,214,025 (451,414) 6,524,694 5,651,413 (873,281) 6,470,700 (819,287) 3,961,034 3,735,649 (225,385) 3,660,862 74,787 29,632,958 27,162,472 (2,470,486) 28,353,757 (1,191,285) 765,100 765,100 - (50,000) (50,000) - - (3,244,468) (3,244,468) 55,000 35,000 (20,000) 770,100 (2,494,368) (3,264,468) 742,800 22,300 (50,000) - (400,000) 400,000 - (3,244,468) 96,825 (61,825) 389,625 (2,883,993) Increase in General Fund $ - $ (1,599,721) $ (1,599,721) $ 272,146 $ (1,871,867) Budgetary Savings CITY OF EDINA, MINNESOTA PRELIMINARY STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS NONMAJOR PROPRIETARY FUNDS (UNAUDITED) For The Year Ended December 31, 2009 Operating revenues: Sales - liquor Sales - retail Sales - concessions Memberships Admissions Building rental Rental of equipment Greens fees Class registration & other fees Total operating revenues Operating expenses: Cost of sales and services Personal services Contractual services Commodities Central Services Depreciation Total operating expenses Operating income (loss) Nonoperating revenues (expenses): Miscellaneous Donations Interest and fiscal charges Amortization of bond discount Total nonoperating revenues (expenses) Arena Art Center Golf $ - $ - $ 146,632 2,026 41,883 212,886 5,692 444 230,776 3,716 25,496 123,761 111,481 - 264,671 1,157,522 - 81,728 2,997 - 359,277 - - 1,880,610 130,974 400,395 358,332 1,414,408 468,218 3,658,673 880 654,132 608,683 73,241 41,905 286,241 1,665,082 21,094 244,329 293,356 59,568 34,847 30,124 683,318 (250,674) (215,100) 222 (42) (60) 338,248 1,774,558 580,479 323,311 110,796 414,656 3,542,048 116,625 - (22,137) 19,302 - - (34,362) (820) 120 19,302 (57,319) Income (loss) before transfers (250,554) (195,798) 59,306 Transfers: Transfers in 102,075 145,000 170,000 Total transfers 102,075 145,000 170,000 Change in net assets $ (148,479) $ (50,798) $ 229,306 o Le \&N REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item VI. A. DEBRA MANGEN Action From: CITY CLERK ❑ Discussion ® Information Date: APRIL 6, 2010 Subject: CORRESPONDENCE RECEIVED SINCE LAST COUNCIL MEETING INFORMATION /BACKGROUND: Attached are copies of a -mails and letters received since the last Council meeting. March 19, 2010 To: Hennepin County Elected Officials, Transportation Professionals Subject: Metropolitan Highway System Investment Study Informational Open House Meeting Details: Tuesday, April 13 3:30 p.m. to 5:30 p.m. Brooklyn Park Community Activity Center Gardenview Room 5600 — 85th Avenue North, Brooklyn Park Confirm attendance: by 5 p.m. Friday, April 9 Metropolitan Council Regional Data Center data.center @metc.state.mn.us or 651 - 602 -1140 (Additional meetings are planned. See below for more information,) Dear Hennepin County Official: RECEIVED MAR 2 2 2010 Since late last year, the Metropolitan Council and the Minnesota Department of Transportation have been examining a new approach to managing congestion in our region. Transportation experts estimate that adding enough capacity to eliminate traffic congestion in our region will cost more than $40 billion over the next 20 years. We know that increasing the gas tax alone won't generate enough revenue to meet that challenge, and that even our most optimistic revenue projections don't put the region in the ballpark for meeting that need. Our goal: to wring every bit of capacity possible_ out of our metropolitan highway system. So what can we do to manage congestion with the limited resources we will have? That's what the Metropoli- tan Highway System Investment Study is intended to tell us. The universe of potential options for managing the region's congestion is becoming clearer, and it's important that we share that progress with you prior to finishing the study. In January, we provided the first look at the new approach to highway investment that is realistic, problem - focused, innovative and uses available funds for the most benefit. We promised an opportunity to learn more about this strategy and provide feedback. Join us April 13 in Brooklyn Park to see what our.team has discovered so far in the study, and to discuss the challenge before us. We'll also have information about the timeline for completing the study and updating both the region's 2030 Transportation Policy Plan, and the Mn /DOT Metro District Highway Investment Plan and Statewide Transportation Plan. Peter Bell Tom Sorel Chair, Metropolitan Council Commissioner, Minnesota Department of Transportation Note: If you cannot attend the April 13 meeting, you may choose to attend one of two metro -wide open houses: April 23 from 10:30 a.m. to 12:30 p.m. in Bloomington or May 4 from 10:30 a.m. to 12:30 p.m. in Blaine. Contact the Data Center for more information. Metropolitan C011IIC1)( Minnesota Department of Transportation �pt4ESOT 395 John Ireland Boulevard • "C', III St. Paul, MN 55155 -1899 IY a 390 Robert Street North • Saint Paul, Minnesota 55101 -1805 • (800) 657 -3774 (651) 602 -1000 • Fax 602 -1550 -TTY 291 -0904 • Metro Info Line 602 -1888 • (800) 627 -3529 (TTY, Voice, ASCII) FSOTwww.o. sae. mn.us data.center@metc.state.mn.us • www.metrocouncil.or RPa March 30, 2010 Edina City Council: James Hovland, Mayor Joni Bennett Mary Brindle Scot Housh Ann Swenson Subject: Proposed Pinstripes `Bowling/Bocce/Bistro" on Centennial Lakes In February Pinstripes CEO Dale Schwartz and Cypress Leasing Manager Kirk Williams, presented a proposal to Mayor Hovland, City Manager Gordon Hughes, and City Planner Cary Teague to construct and open a Pinstripes operation in 2010 in the presently vacant two -story Cypress building on the west side of the Centennial Lakes North Pond. Our City representatives advised the Pinstripes proponents that the City Liquor Ordinance prohibited a combination gaming operation and restaurant/liquor establishment. They further advised the proponents that they should determine the sentiments of the affected "neighbors" before the City Council would consider their proposal. In March the proponents, Mr. Schwartz and Mr. Williams, made a number of informal presentations of their proposal to Council members and "neighbors ", including the undersigned. Proponents ably put forth their plan and responded to queries. The undersigned advised the proponents that we would respond to the proposal as soon as possible. After review of their Edina plan and their current Northbrook and South Barrington, Illinois, operations, we have concluded that proponent's proposal is inappropriate in its current format for the Centennial Lakes site. Major concerns are the following: 1) The Centennial Lakes site is unsuitable for the proposed Edina Pinstripes operation. - The two - story, 32,000 square foot Centennial Lakes building is significantly smaller than the single -story Chicago Pinstripes buildings (e.g. Northbrook site is 43,000 square feet). - The Centennial Lakes building is located, without setbacks, on a City Park. The Chicago buildings are located in shopping centers. - The Centennial Lakes building is 240 to 300 feet from the west property lines of the 17 Coventry Town Homes on the east side of the North Pond. The Chicago buildings are substantially distant from residences. Edina City Council - page 2 2) The noise generated from the proposed operation, both inside and outside, will be considerably disturbing to nearby residents during late evening hours. Such noise will adversely affect property values. - Patrons will enter at the center of the south building face. This proposed entrance is in direct conflict with previous City Council direction to Cypress during building signage hearings. Specifically, the Council directed that the restaurant building entrance was to be on the west side and that signage would not be permitted on the south and east sides. - Two outside bocce ball courts. - Outdoor fire pits. - Music, both live and recorded, directed outside. - Outside dining. - Further, noise from inside bowling and bocce operations may permeate walls if there are insufficient sound barriers. 3) Proposed closing hours are later than the Centennial Lakes Centrum, the Park's publicly available venue for private events. The Centrum, located on the west side of the Middle Pond, directly faces the Village Homes condominiums. Closing Hours Pinstripes Centrum Monday- Thursday 11:00 PM 10:00 PM Friday- Saturday 12:00 PM 11:00 PM Sunday 10:00 PM 6:00 PM For the forgoing reasons we respectfully ask that the City Council reject proponent's request for revision of the existing liquor ordinance in order to permit a Pinstripes operation on the Centennial Lakes site. Sincerely, John & Janet Bohan 800 Coventry Place Edina, MN 55435 PS: Site maps & aerial views of Northbrook & South Barrington, IL operations and the Centennial Lakes Edina Proposal are available for review at the above address. Also available for review are floor plan sketches of the Edina Pinstripes proposal. Copies to: Kirk Williams, Cypress Dale Schwartz, Pinstripes SEAL Gordon Hughes, City Manager Cary Teague, City Planner MU 3 � 2010 Coventry Town Home Residents R Other interested neighbors 3/31/2010 4:16 PM Edina, April 2nd 2010 From: RECEIVED Jean - Charles Compagnon 5925 York Ave S APR 0 Z 1010 Edina, MN 55410 To: John Keprios, Director Edina Park & Recreation Department 4801 W. 50th St. Edina, MN 55424 Re: Flow Rider at Edina Aquatic Center Dear Mr. Keprios, I appreciate your explanation today that the City Council has voted not to build the Flow Rider at the Edina Aquatic Center for this summer 2010. I am extremely upset at this. Edina sent us a survey asking what we wanted in 2008 and if we were ready to pay more tax for this or that. I personally agreed to pay more taxes to so that our children can enjoy more of Edina. After the city has raised our taxes, property taxes has been going up and up while our home value is going down and today I am Learning that after taking our money and after being advised that the money is in the bank and ready to be used for our children that the City Council has voted not to build it ?! ?! ?! What are they thinking? They needed the money to be used somewhere else for what? We (the city of Edina) are now not only going down in the list of best cities for our children (I bought my home in Edina city limits so that my children can enjoy a better life). Pretty soon we are going to have to live in NE Minneapolis to get quality parks. Again, my complaint is not against your department but rather against the City Council that voted this after taking our money with taxes. Please relay my complaint to the City Council. Thank you Jean - Charles Compagnon March 10, 2010 Mr. James Hovland City of Edina 4801 W. 50th Street Edina, MN 55424 Dear Mr.. Hovland: Due to the insights of fine educators and community leaders, like you, our review committee is far better prepared to evaluate the students who make up the Coca -Cola Scholar class each year. Your input provides valuable information to the review committee which evaluated more than 2,100 applications. We recognize the demands on your time, but the opportunity to see each student within the context of his/her school or community often brings to light important insight to the character, achievements and commitment of the applicant. The Coca -Cola Scholars Foundation has been awarding scholarships for post - secondary education since 1989. With the incoming class, we will have designated more than 4,500 awards to tomorrow's leaders for nearly $42 million. We have successfully maintained contact with our Scholars throughout their college years and during their time in graduate school and the world of work. This provides a rich network for Shahrzad Mohtadi, and we look forward to developing our relationship over the years. The alumni have established an association which is developing into an exciting, innovative and impactful organization across the United States, as well as abroad. As you may know, Shahrzad will be attending the 22nd Annual Coca -Cola Scholars Weekend in Atlanta from March 25 -28, 2010. At this time the 250 students interview for one of two levels of award: $10,000 or $20,000 to be used at the college or university of their choice. Again, thank you for your time and commitment to the development of young people. We welcome your input and comments regarding our program. Sincerely, J. Mark Davis, President cc: Shahrzad Mohtadi P.O. BOX 442 • ATLANTA, GA 30309 -0442 • TEL. 404 - 733 -5420 JIM RAMSTAD MEMBER OF.CONGRESS (1 991 - 2009) THIRD DISTRICT MINNESOTA March 17, 2010 The Honorable James Hovland 4801 W 50th St Edina, MN 55424 -1330 Dear Mayor Hovland, RECEIVED MAR 2 j 2010 1809 PLYMOUTH ROAD SOUTH, #310 MINNETONKA, MN 55305 As members of the 50`h Annual Minnesota Prayer Breakfast Committee, we invite you to join us in creating a vision of UNITY for a better Minnesota. Like the annual National Prayer Breakfast in Washington, which brings people together from all walks of life and across the globe, we are working hard to bring together leaders like you for this year's Minnesota Prayer Breakfast to foster UNITY in our state through faith and prayer. This year, we are reaching out to all national, state and local leaders in Minnesota to -oin us April 28 2010, at 7:00 a.m. at St. Paul RiverCentre with hundreds of other Minnesotans in the spirit of unity. In these difficult times, more than ever, we need to come together as Minnesotans to strengthen, unify and encourage leaders through this statewide Prayer Breakfast. The Minnesota Prayer Breakfast will feature keynote speaker Ambassador Tony Hall, a former member of Congress, who served as U.S. Ambassador to the United Nations for hunger -relief efforts. Tony has been nominated for three Nobel Peace Prizes and will deliver a powerful message of unity. So, please join your fellow mayors, state legislators, council members, staff, family and friends and attend the 50'b Annual Minnesota Prayer Breakfast to begin a new era of unity in our state. Thank you for your important public service to your city and the State of Minnesota. We really hope to see you in St. Paul April 28`x. Sinc y, Eli B. Kautz Mayor, City of Burnsville President, U.S. Conference of Mayors J' Ramstad Member of Congress (1991 -2009) (To reserve seats at the breakfast in April, please return the enclosed card with your payment, or go to our website at www.Minnesotaprayer.orl; to order tickets or tables. On behalf of hundreds of Minnesotans who will attend from all over the state and many walks of life, we hope to see you that morning as we work toward greater unity for our state.) NOT PRINTED OR MAILED AT GOVERNMENT EXPENSE. PAID FOR BY THE JIM RAMSTAD VOLUNTEER COMMITTEE. 0Q0 din l' iS v DEFINING EXCELLENCE April 1, 2010 Mayor Jim Hovland Edina City Hall 4801 West 50th Street Edina, MN 55424 Dear Jim: ADMINISTRATIVE OFFICES 5701 Normandale Road Edina, MN 55424 (952) 848 -3900 www.edina.k12.mn.us I want to take this opportunity to thank you for your ALL STAR performance in bringing the highway 169/1 -494 bypass from a dream to a reality. I know your constant efforts were key to this success story. You are amazing! Your endless leadership talents are continuing to impact our community and region. You are making the world a better place today and for decades to come through your public service work. I want you to know how much I appreciate your servant leadership approach to life. You are a valued colleague and friend. Let's plan to do supper soon, and again, thanks for everything! Warm regards. WE CARE ® WE DARE o WE SHARE RECEIVED MAR. 2 5 2010 13 Null DAY Care March, 20, 2010 5656 Lincoln Dr Edina, MN 55436 (952) 930-2168 Millenniump,integra.net Mr. James Hovland Mayor Edina City Hall 4801 W. 50th St. Edina, MN 55424 Dear James: We very much enjoyed having the opportunity to meet you and to introduce Millennium Adult Day Care on March 181. We would like to thank you for taking the time to meet with us and our clients. Hope our facility impressed you as a warm, caring place f6r families to-bring their loved ones and a pleasant working environment for employees. Sincerely, Yelena & Leo Merman Anna Ellingboe 7123 Tupa Drive Edina, 55439 March 15, 2010 The Honorable James Hovland Edina City Hall 4801 W. 50th St. Edina, MN 55424 Dear Mayor Hovland: RECEIVED MAR 1 - 1010 My name is Anna Ellingboe, and I am a ninth grader at Valley View Middle School. This letter is concerning the Public Works project. As a teen living in Edina, I have noticed that there aren't very many "teen friendly" hang -out areas. Making the Public Works building a recreation center for teens would not only give kids a safer place to hang -out, but also it would help bring all kinds of teens together. Having a teen rec center could decrease the number of thefts in Edina. According to the crime statistics on the Edina city website, in 2008 alone, there were 882 thefts committed in Edina. "C( RIME STATISTICS." City of Edina City of Edina Minnesota 2009. Web. 14 Mar 2010. <http•/ /www ci edina ' mn.us/content/departments/pol ice department /crime statistics /index.ht m >. You may be thinking, how does this relate to teens, but it's been stated that a reason for teen shoplifting, is boredom. ( "Why Do People SHOPLIFT?." Jehovah's Witnesses Official Web Site. Watch Tower Bible and Tract Society of Pennsylvania 2009. Web. 14 Mar 2010. <http://www.watchtower.org/e/20050622/article 02.htm >.) If we could make the Public Works building a fun and friendly place for teens, kids could play foosball after school, or meet up with friends in the summer, instead of getting in trouble. Another reason for a teen rec center is to give teens a place to chat face -to -face. According to a recent survey by Harris Interactive, "57% of [teens] view mobile as their key to life ". ( "Teens Prefer Texting over Talking " EnMobile Blog. WordPress 2.3.2 and Braille n d Web 14 Mar 2010 <http://www.enmobilemedia.com/blog/?p= 1 44>.) As much as I like texting, I still find it important to have conversations the real way. If there was a place for teens and their friends to have some fun after school, or in the summer, conversations might just happen along the way. Hopefully, this will push some to realize that talking face -to -face is just as, if not more, enjoyable as a texting conversation. Mayor Hovland, my request to you is to make the Public Works building into a teen recreation center. While it may be only a teen center, I believe that it would benefit the entire community. Thank you for reading and considering my request. Sincerely, i Alma Ellingboe 4544 Parkside Lane Edina, MN 55436 March 17, 2010 Mayor Hovland Edina City Hall 4801 W. 50'x' St. Edina, MN 55424 Dear Mayor Hovland: REcovEp MAR 2 51010 I am a resident near Todd Park. My family, our neighbors, and I think we should have a "Caution, Children at Play" sign, or at least a stop sign, at our coiner. This is located at the corner of Parkside Lane and Hollywood Avenue, directly up the hill from Todd Park. My brother, my friends and I often enjoy the beautiful days by riding bikes, scooters and playing street hockey. Cars speed around this corner while my brother and I are playing in the streets. We have come very close to being hit by these speeding cars. It is not only dangerous, but people don't even slow down while careening around the bend. This corner is that of a ninety degree turn and the drivers cannot see the children playing in the streets before they round the bend. Therefore, when they do come around the bend, they often do not have enough time to slow down. We usually do not see the cars before they have already turned the corner. We then have barely enough time to get out of the way of the cars before they see us. I would appreciate if you would consider putting up a sign at this corner to prevent injury. No one has ever been injured, but both of us,. and our friends, have come very close. It isn't only my brother and I playing in the road, but some of our neighbors often join us. We also walk down to the park often, and this is a problem as we walk down the road, too, because the cars coining from the top of the hill don't see us until they are very close and often don't have time to slow down. This could result in serious injury. Sincerely, U(.' Emma Livingston Susan Howl ubject: FW: Selecting a new City Manager Subject: Selecting a new City Manager Dear Mayor Hovland and Edina City Council Members - RECEIVED MAR 17 2010 We understand that Edina's City Manager is retiring this year, and that the City will be selecting a successor for this position. While we am not fully familiar with the process that the City will employ to fill this vacancy, we would like to suggest that a search committee be formed and an outside search firm hired to create a broad pool of applicants from which to choose for this vital position. We favor an open public process, with the search committee informing the Council of its progress in the selection process during its meetings. We also tend to favor selecting an external candidate for a position such as this. We should seek a candidate with a proven history at other cities of fostering democratic, open, and inclusive public processes and policies, and a service- oriented and resident - friendly staff culture. Another important attribute of our next City Manager is extensive experience with improving communications with residents through various media, and experience working with (or establishing) a Communication Advisory Board to ensure city communications are relevant, informative, and cost effective. Please do all you canto ensure that your selection process is transparent and available for city residents to observe, understand and support. Best regards, Larry and Melody Chestler Susan Howl RECEIVED Subject: City Manager Position MAR 1 �J 1010 This email is addressed to Edina City council members It is the right of edina residents to be involved in the process of finding a new city manager. In this process a professional search should be led by an external firm(involving edina residents) We have the right to be involved in the search for the right person to fill this important position. The mayor and councilman Scott Housh were not elected to decide such matters. Edina is suppose to be a city that the people should have a choice in these matters, not when two individuals take it into their own hands to decide this. I for one am sick and tired of the city of edina building up every square inch of this city for tax purposes. I say no to senior housing and anymore highrises we are not downtown mpls. spetersen4 @comcast. net Susan Howl Subject: The hiring process for a new City Manager RECEIVED MAR 19 1010 To Whom It May Concern at the Edina City Council: I am writing to request that the position of the City Manager be filled by hiring a professional search firm who will provide a list of candidates to the coucil, to the staff, and to the public, all of whom may weigh in on which candidate is best suited. Having only Mayor Hovland and Scott Housch make the decision is too restrictive for such an important position. This City Manager affects all of our lives too much. Sincerely, Mary Jo Straub 4520 Andover Rd. Edina, MN 55435 Susan Howl RECENED Subject: Professional Search Committee MAR 19 2010 Dear Mr. Mayor and City Council Members, I believe, the City of Edina deserves to look at the best qualified candidates to succeed the current City Manager, Gordon Hughes. Therefore, I support the City of Edina hiring a professional search firm to find and interview the best pool of candidates. The search should be country wide for candidates that have a proven track record and excellent communication skills. The fact that Mayor Hovland and Scott Housh have appointed themselves to find the best possible candidates is admirable on their part, but it short- changes the City of Edina. Finding the BEST POSSIBLE candidates„ for this very important and responsible job to all the citizens of Edina, should be the Mayor and City Council Members main focus. Mr. Mayor, please walk slowly on this matter and do the right thing for the City of Edina. The last time I checked, you and Councilman Housh, already have full -time day jobs, besides your part-time job with the City of Edina. The search for a new City Manager requires a full time job to find us the best possible candidates. Thank you for considering this very important decision. Sincerely, Joe Florenzano Private Citizen and Taxpayer, Residing in The City Edina Susan Howl 'ubject: FW: City Manager RECEIVED Subject: City Manager MAR 2 2 2010 Hi- I would like to voice my opinion about the process of hiring a new city manager. I feel that an outside company should be hired to find the best candidate and to make sure the best candidate is hired. It will also help keep the transparency and non — biased approach to this process. Thanks, Wendy Donovan This electronic mail transmission may contain private or confidential data and is intended only for the person named. If you are not the intended recipient, you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited. If you received this message in error, please notify the sender, and delete it. Hopkins Public Schools reserves the right to monitor and review, without further consent, any messages created, sent, or received on its electronic mail system. Susan Howl Subject: FW: CITY MANAGER RECEIVED MAR 21 2010 Subject: CITY MANAGER I PERFER THE CITY OF EDINA HIRE AN OUTSIDE SEARCH FIRM NOT DIRECTLY OR INDIRECTLY CONNECTED TO THE CITY, COUNCIL MEMBER IN ANY CASUAL OR COMMERCIAL FASHION. I WISH THE COUNCIL TO HAVE LESS INPUT INTO THE SELECTIN. THE COUNCIL MAY INTERVIEW THE CANDIDATE ALONG WITH MOST CITY EMPLOYEES AND CITIZEN BOARDS. Greg W. Wilson 6320 Belmore Ln. Hopkins MN 55343 952 - 933 -5114 Susan Howl nom: Lynette Biunno ,ent: Monday, March 29, 2010 8:18 AM Cc: Susan Howl - Subject: FW: Process for hiring next City Manager RECEIVED MAR 2 d 1010 Lynette Biunno City of Edina Receptionist 952 - 927 -8861 www.cityofedina.com From: Gary Soule [mailto:gsoulei @comcast.net] Sent: Saturday, March 27, 2010 8:28 PM To: Lynette Biunno Subject: Process for hiring next City Manager To: Mayor Hoveland and the Edina City Council; We are not sure if this information is correct, but we. have heard that there is consideration of a two person committee, omprized of Mayor Hoveland and Council Member Scot Housch being used to select our new city manager. It is our .,pinion that this is a much too important job to be delegated to two people. We are hopeful that the council will consider using a professional search firm and that Edina residents will somehow be involved in the process. Sincerely, Gary & Susan Soule 7324 West Shore Drive Edina, MN 55435 Susan Howl From: Lynette Biunno Sent: Monday, March 29, 2010 8:21 AM Cc: Susan Howl Subject: FW: City Manager Position RECEIVED MAR 2 a 1010 Lynette Biunno City of Edina Receptionist 952 - 927 -8861 www.cityofedina.com From: Ann Compton [mailto:anncompton @comcast.net] Sent: Sunday, March 28, 2010 3:29 PM To: Lynette Biunno Subject: City Manager Position Dear Mayor Hovland and Council Members Bennett, Brindle, Housh, and Swenson, The City Manager's position is the most important one at City Hall, and an external professional search firm should be hired to help in the search for the replacement of the retiring City Manager, Gordon Hughes. Allowing Mayor Hovland and the Mayor Pro Tern to conduct this search will only insure that the "behind the scenes, good ole boy network" will continue at City Hall. This is not transparency, and we feel quite confident that Edina's elected city officials do not want to give the impression that all is not above board. Kendall and Ann Compton. 5201 Lochloy Dr. Edina, MN 55436 1 Susan Howl RECEIVED Subject: senior housing: Is it the Emily Program and Orono all over again ?? MAR 12 1010 Dear Joni Bennet, Mary Brindle, Scot Housh, Ann Swenson, Jim Hovland, Gordon Hughes, Cary Teague and Jackie Hooganacker, Thank you all for your devoted service to the city. I am part of the Countryside neighborhood /community. I value • senior housing, • affordable housing, • accessible housing and • aging in place in the community, near family, church, shopping and medical care providers. My view of the Colonial Church Senior housing project is people won't even know it's there _ after the construction phase. I expect many of the people who would live there are part of the aging congregation of Colonial Church. I think it's a wonderful project. I have no connection the the Church, except an awareness of Colonial's long history in the Edina community... back to the 1970's. "he oppostion to this project (a building tucked away by highway 62 behind the fire station in an unused huge paved parking lot) seems unreasonable and very exaggerated to me. I was a delegate to the SD41 convention March 6th and I saw a misleading petition being passed around to captive delegates in the WMS auditorium regarding this project - I suggest discounting that petition - to me it is without a lot of meaning since people signed without reading and if they read, they would have been quite mis- informed about the nature of this project based on the portrayal in that petition. I believe many people in Edina want their parents and themselves someday to be able to age in place in dignity so I urge your continued support of this important and necessary senior housing project. There is far more risk in the traffic on Tracy at 62 from the teenagers driving fast & late to high school than from any seniors who would be living in the area or employees commuting to their jobs. Thank you and please stay the course on this senior living project. Susan Khatri Edina, MN Hotmail: Trusted email with powerful SPAM protection. Sian up now. Susan Howl Subject: FW: Living Waters Senior Living Residence RECEIVED Subject: Living Waters Senior Living Residence MAR 2 3 2010 Mayor James Hovland Council Members: Joni Bennett Mary Brindle Scot Housh Ann Swenson City Mgr. Gordon Hughes Planning Dir. Cary Teague Planning, Jackie Hoogenakker While all we see is opposition to this development, we would like to add our overwhelming approval of the project. We feel that Edina's seniors need more options in Edina than exist today. Shelter Corp. is known to be a reputable developer, with good history and financial backing. I'm sure this is not news to our City Fathers. There is a move afoot distributing fliers into mail boxes, containing many false and misleading statements, which have little or no basis in fact. We are signed up on the waiting list and have 6 to 8 other seniors (some neighbors here in Nine Mile village) very interested in the availability of such a senior living residence in this Edina location. We heartily endorse the approval of Living Waters Senior Living Residence. Dave & Joyce Andreasen 6334 Red Fox Lane Edina, MN 55436 daioa a,earthlink.net EarthLink Revolves Around You. Susan Howl From: Lynette Biunno Sent: Tuesday, March 23, 2010 10:53 AM Cc: Susan Howl Subject: FW: Assisted Living Building RECEIVED MAR Z 4 2010 Lynette Biunno City of Edina Receptionist 952 - 927 -8861 www.cityofedina.com From: Guy Wikman [mailto:gwikman @comcast.net] Sent: Tuesday, March 23, 2010 10:35 AM To: Lynette Biunno Subject: Assisted Living Building Could you please forward to the City Council members. I am sending this in support of the Senior Assisted Living building being proposed for the area adjacent to Crosstown, Colonial Church and the Fire station. I feel this is a win /win scenario. Edina has one of the oldest mean populations in the metro, we can get our seniors out of their homes but still stay in Edina. It is a great location with the support and access of the church on one side, the fire /paramedics on the other side and Fairview Southdale hospital just down the road. It is far enough away from the residential area, can even act as a noise barrier and the church has already proved that they can be good Stewarts to the neighborhood. Let's not restrict the developer too much by limiting the size /scope too much. It is expensive to build a building and there needs to be an incentive /profit. I like that it will be a nice tax base for Edina also. You have my full support for this project. Guy & Jan Wikman 5800 Hansen Road Edina, MN 55436 952 - 929 -5993 Susan Howl From: Lynette Biunno Sent: Monday, March 29, 2010 8:00 AM Cc: Susan Howl Subject: FW: The Proposed Countryside senior housing project RECEIVED MAR 7 s 7010 Lynette Biunno City of Edina Receptionist 952- 927 -8861 www.cityofedina.com - - - -- Original Message---- - From: From Jeff [mailto:edinaite@yahoo.com] Sent: Friday, March 26, 2010 2:37 PM To: Lynette Biunno Subject: The Proposed Countryside senior housing project Dear City Council Members, I think the parking issue is something that would present a MAJOR problem if the proposed Senior Housing project were to be approved. They are p'ro`posing to eliminate a large section of Colonial Church's parking and build a monsterous facility that will require a substantial amount of additional parking. Besides that, the park will also be requiring additional parking spaces after it is updated. The bottom line is that their proposal involves a dramatic shrinkage of available parking at a time in which there will be a great increase in the need for additional parking space. That is complete insanityll It would lead to a very chaotic and disruptive situation. We would have cars and trucks parking in the street and in front of peoples houses -- just a terrible mess. People would be complaining, screaming and swearing -- a very ugly scene and a total nightmare. This is something that could happen on a regular basis -- especially in the summertime. To me, it's a situation that makes the senior housing proposal totally unworkable and idiotic. A very concerned Countryside area resident, Jeff Petersen 1 Marian and Tim Olson RECEIVED 6201 Hillside Road Edina, MN 55436 -2539 MAR � 9 2010 (952) 935 -7148 17 March, 2010 Mayor James Hovland Edina City Hall 4801 W. 5e Street Edina, MN 55424 Re: Colonial Church of Edina Waters Senior Living of Edina Subdivision Dear Mr. Hovland, My family moved to the Countryside Area in 2002 when we were flooded out of our then rental home in western Edina. Before we found the Countryside Area, we spent nine months at Lincoln Oaks in western Edina. During this upheaval, we also had to relocate our business, Suburban Feed and Supply once again within Hopkins. Having to relocate so often within such a short period of time is truly challenging, but it also forces one to develop a strong sense of belonging when one finally finds a home. 2002 was truly challenging, but finding a most wonderful home in Countryside neighborhood gave us a peace, stability and confidence that we had not had for such a long time. We cherish it greatly. We have lived at 6201 Hillside Road since 2002. We have raised our Asperger's son through Countryside Elementary and beyond here and also raised a marvelous black Labrador. Our son played baseball with the Edina Baseball Association for years. To my joy, many of those games were played at Countryside and I was able to participate. We have loved living within eyesight of the Tracy Fire Station and then missed them terribly when they were rebuilding a year or so ago. We have gotten to know many of our neighbors, and I think we have all contributed in some way to the peace and safety of our Countryside neighborhood. It has been a safe and quiet area that we have all enjoyed and appreciated with our growing children. This includes the readily accessible Countryside Park. Parking certainly becomes an issue in the warmer months, but this has always been manageable as long as the mailboxes are not obstructed. We also cannot help but feel awestruck by the birds and wildlife that share our area during the various seasons. The foxes run through the park from the Church, the geese and ducks travel the same route. We have an amazing collection of Great Horned Owls that nest within our neighborhood annually. Hawks and other smaller birds, ie. Kinglets and Cedar Wax wings use this entire area as a seasonal fly through. They all depend on the Colonial Way trees that will be destroyed. What more could a neighborhood ask for? Surely we must have it all, at least from the inside looking out. We did have it all until the City of Edina decided to change our area by approving the building of a 4 story, 150 unit Living Waters Senior Living Housing on Colonial Way. I understand this development will rise taller than the trees that it will destroy, it will butt up against the Tracy Fire Station with its service entrance, it will stretch to the fence that borders Crosstown and it will end at the end of Colonial Church's parking lot by the quite lovely covered walking bridge. Colonial Church is selling this property for $800,000( ?) and will retain 30% ownership of the development. While the Church is non - profit and does not pay taxes, it will pay taxes on its 30% ownership of this development. The City of Edina will benefit significantly from the taxes that this development will generate. Having lived in this neighborhood for many years, I cannot say that I have not had any complaints. There is an abundance of lost drivers who seem to always end up turning around in my driveway. Yes, it drives me to distraction! I am painfully aware of the traffic that cruises Tracy and ignores the stop sign at Olinger. I am also painfully aware of the traffic at rush hour and when school is beginning and closing. Tracy Avenue is in less than painfully aware of the traffic at rush hour and when school is beginning and closing. Tracy Avenue is in less than ideal condition considering the traffic flow that it handles day to day. This would certainly be negatively impacted by additional traffic flow from Colonial Waters Senior Living Housing, particularly since it will be monthly rentals... people moving in and people moving out on a regular basis. I would have to question whether the City.of Edina would be ready to improve the quality of Tracy Avenue in order to handle the additional traffic flow. This concrete road has taken a significant beating over the last two years anyway. My other significant concern is whether or not the City of Edina is prepared to install either stop signs or stop lights at the intersection of Crosstown and Tracy Avenue. The traffic flow along Tracy Avenue is borderline dangerous as it is with its current traffic flow at both am /pm school bus runs and regular rush hour traffic times. I shudder to think what the impact will be on our neighborhood when City Hall adds the additional traffic flow from the proposed development. 56,000 square feet of monthly rental residential housing will not operate without vehicles. These would certainly include service vehicles, residential vehicles and visitor vehicles that will all require access and parking. And last but not least, Countryside Park is busy from spring through fall and people park wherever they are able to. This includes in front of my house and in front of my mailbox. I do not make an issue of this since I love the fact that this park is so busy and happy. However, if this new development reduces the already very limited parking spaces, think it will wreak chaos with all the park patrons and baseball teams. Is it not on your agenda to upgrade Countryside Park next year? It would seem that you all have multiple parties hoping for a bigger piece of a limited pie. And finally, from a very personal standpoint, the current view from my living room windows is of the park, the Fire Station and the wonderful woods along Colonial Drive, which would fall victim to this new development. There is so much that would will be lost to our neighborhood if this enormous development proceeds as planned. Our neighborhood is so very important to all of us because it is special ... it is quiet, safe, personal and so very non- threatening. As soon as you start adding numerous residential spaces the doors open to lack of control which makes us all nervous. To lose the view across the park, to lose the predictable flow of wildlife, to no longer see those beautiful tress that stand with such grace behind the Fire Station, to tolerate additional traffic flow ... this is a loss of tremendous proportions and we cannot simply turn our backs on it. We are talking about all of our homes where we raise our families. We are talking about losing value on our properties, properties that will become much less desirable. This is of significant importance to us all. Please hear our hearts with your minds and consider the big picture that will impact a whole neighborhood forever. Marian A. Olson 6201 Hillside Road Edina, MN 55436 -2539 /MAO Susan Howl ,ear Mayor Hovland, Council Members and all City Manager, Directors and Planning Dept: As a citizen of the Countryside community for 7 years, I am opposed of this structure being built at this location. I am EXTREMELY worried about Shelter Corp's past history of building Section 8 / "affordable" RECEIVED housing, as stated in their website. httg:// www. sheltercorp .com /properties.aspx." APR 0 2010 "Shelter Corporation has developed or acquired a portfolio of over 15,000 units of affordable and senior apartments. An industry leader in real estate development and acquisition, Shelter delivers value to investors and communities" Shelter Corp. also stated that they have a Senior Vice President, a Mr. Garrett Carlson, Jr. He has extensive knowledge in attaining funding for the development of Section 8 Housing and construction as stated below from their website ... Why would they need this expertise if Section 8 housing is not part of their plans? "Mr. Carlson's responsibilities extend to financing and budgeting. Through his extensive knowledge of the practices and principles of conventional and governmental loan programs, Section 8, Tax Credit and construction and permanent mortgage loans,, Mr. Carlsop secures competitive financing via tax- exempt revenue bonds, commercial banks, state housing finance agencies or institutional joint ventures." i have a friend that has worked in multi -unit dwelling management for over 20years, and has experience with low income /Section 8 housing and the problems associated with it. He is familiar with Shelter Corp. He asked me if they mentioned a "Phased Approach" in their plan, if so, WATCH OUT! Their primary motive is to build /develop Section 8 dwellings under a covert approach calling it "Phases "..,.meaning phase one would be an assisted living or senior complex to get entry into the community and all zoning completed and then post phases would be the development of Section 8 apartment.units ... This is their "sheep in wolves clothing" tactic. He told me that Section 8 properties breed an increase in crime, lower property values and increase overall degradation of a community. Nowhere has Section 8 properties decreased crime, increased property values, and improved a community. Why am I concerned? I am concerned about the value of our community and the safety of our children, especially with Countryside Park, Bredesen Park being so close by to hide potential illegal activity... Questions for you: 1. How are we as Countryside Citizens, beneftting'from the Living Waters Complex? 2. Will our taxes be less due to this complex,subsidizing our portion? 3. Is Section 8 and /or low- income government subsidized housing being considered for development in the Countryside neighborhood, if so, what is the benefit to Countryside and Edina? 4. What are your reasons for approving this proposal both present plans and future? .Sincerely, MVidele mvideleO)comcast.net Susan Howl Subject: civil forfeiture in Edina RECEIVED To Mayor Hovland and the members of the City Council, MAR 17 1010 As you know, I sent a data practices act request to the City to obtain the production of documents and files related to the Edina Police Department's seizure and forfeiture practices for DWI arrests. The publicity surrounding the seizure and attempted forfeiture of Kristen Brown's Jeep Grand Cherokee prompted me to make the request. After preparing and sending the request, I learned that another Edina resident, Lee McGrath, and his public interest law firm, the Institute for Justice, and the Minnesota chapter of the American Civil Liberties Union were joining in an effort to amend the civil. forfeiture laws in the state. The IJ and the MCLU are not natural political allies; their coming together on this is a sign of how seriously many people feel that the current system is in need of reform. I was asked to join their effort and contribute the conclusions that I drew from the examination of the Edina Police files. There was a hearing on Thursday on a bill to make substantial reform to the forfeiture laws; I was asked to testify at this hearing before the House Public Safety Oversight Committee. Rep. Paul Rosenthal sits on this committee and was at the hearing, and I was told, but have not independently verified that Rep. Keith Downey is a co- author of the bill whose principal author is Rep. Tina Liebling from Rochester. For your information, I attach a copy of my testimony as submitted. It's not exactly as delivered, but it is pretty close. The numbers are the interesting part. During an approximately twenty -two month period, The Edina Police Department seized and sought the forfeiture of fifty cars. In three of the cases, there were "accidents." One was apparently some parking lot damage where the driver didn't stop and leave insurance information and it was therefore characterized as a "hit and run,". (I'm not intended to brush off doing that as inconsequential), one property damage only rear end accident, and the third was a motorist who slid off a slippery highway. There was no personal injury in any of the cases. Although most of the offenses were second degree DWI, meaning they were all roughly similar in severity, the consequences to the car's owner were not. The proceeds netted to the city ranged from a loss, usually for towing charges, to a couple of thousand dollars in a few cases, to one case of over six thousand dollars. Of the fifty, about a third were cases where the owner or the co -owner was not driving the car. An automobile owned or co -owned someone other than the impaired driver can be forfeited, under current law, but the presumption that the owner of an automobile knew it was being operated illegally arises only on the third offense for a driver; even then it is only a presumption than can be rebutted. For example, a driver might have borrowed a car on the third incident when the lender had no idea of the driver's record. It is at this point that I have some criticism for the Edina Police Department. In half of the cases where there wasn't an owner or co -owner behind the wheel, there was just a single prior offense by the driver. (You need at least one prior usually to have a forfeiture case to begin with.) That was the case in the instance of Kristen Brown's Jeep forfeiture, too. n these cases, the Department sent out an administrative forfeiture notice without making any effort to determine, as far as the files disclosed to me show, any effort to learn what the circumstances behind the use of the automobile were, and before any statutory presumption of the state of the knowledge of the owner arose. As in the case of Kristen Brown,_that means the owner had to hire lawyer, pay a filing fee to the court, and contest the forfeiture. Usually in the owner -is- not - the - driver cases, the city's attorney would settle the cases for $500 or $750, or sometimes more, plus towing charges. It looks like a pretty routine thing, actually; the settlement agreement has been reduced to a word processor form that differs only by name and dollar amount every case. This is, in fact, the kind of deal that was offered to Kristen Brown. But she refused it, knowing that the City could not win its case, and it didn't. For her trouble, she incurred the expense of an attorney and suffered the cost of the deterioration of her car from sitting, unprotected from the elements, for several months. Even under the current state of forfeiture law, the attempted forfeiture of cars in cases like Kristen Brown's should not have been brought. I would be pleased to discuss this with you further if you like. Steve Timmer 3348 Oaklawn Avenue stimmer @planetlawyers.com RECEIVED MAR 17 2010 Remarks of Steven J. Timmer to the Public Safety Policy and Oversight Committee March 11, 2010 Madam Chair Hilstrom and members of the committee: Thank you for the opportunity to come before you and testify today. My name is Steve Timmer; I am a 30 -year resident of Edina, and I have practiced law in Minnesota for almost 35 years. I am here today to urge the Committee and the Legislature to overhaul the civil forfeiture statutes in the state. I support Rep. Liebling's efforts to reform Minnesota's asset forfeiture laws and I urge the passage of H.F. 2989. Civil forfeiture can be arbitrarily applied, denies fundamental due process, is unequal in its application, and regrettably it turns the police into a form of privateers. I will address my remarks to forfeiture for impaired driving, the only forfeiture issue that I have considered. Civil forfeiture has been a back -burner concern of mine for some time, but when the story appeared about the seizure and attempted forfeiture, in Edina, of Kristen Brown's — the previous witness — Jeep Grand Cherokee, driven not by Kristen, by rather by her song I decided to do a little investigation. One of the things that caught my eye especially was Edina Police Chief Mike Sittari's comment in the Star Tribune story about seizures and forfeitures of cars being driven by someone other than the owner. He said that they get cases like this fairly often, and they look on claims by the owner of a lack of knowledge about the impaired driving "with a jaundiced eye." As I will discuss more in a moment, the police don't really look at it with any eye at all, jaundiced or otherwise. If the driver's conduct meets the statutory criteria, 1a second degree DWI, the administrative forfeiture notice goes out:; It seems that it is really the arresting officer who makes the decision. The owner is never even .contacted, except . when the administrative forfeiture notice is served. After making sure that all the lights on my car were working properly and that my insurance and registration papers were in order, I sent a data request to the police department. for the City of Edina. I am pleased to say that the department produced the documents that I requested readily, and even provided a measure of hospitality while I reviewed them, a project that took six or seven hours. I thank them for that. I asked for files from the beginning of 2008 through October of 2009 (when I sent the letter). During that time period, 50 cars were seized and forfeiture sought, and .I examined. the files of most of them. All but a couple of the cases involved 2nd degree DWI. So roughly speaking, they were similar offenses. But the forfeiture consequences were hardly uniform. They ranged from a $381 loss to the city (where the automobile was nevertheless lost by the owner) to proceeds of $6300. And it didn't seem to me that there was any correspondence between the "badness" of the conduct and the value of what was lost; it was arbitrary. And as Chief Sittari said, they do get cases where the owner is not the impaired driver fairly often. Perhaps a third of the 50 cars were 2 owned or co -owned by somebody other than the arrested driver. A third. I found it disturbing that half of this number involved cases — like the case of Kristen Brown's jeep Cherokee — of second offenses, that is, before any statutory presumption about the state of the knowledge of the owner arises. Nevertheless, if it was a second degree offense, the administrative forfeiture notice was served. I recall one file where the owner—, the arrested driver's girlfriend, or maybe former girlfriend now — called the police after the arrest and said that the boyfriend did not have permission to drive her car that night. I was taught in law school that driving a car without permission had a special name: car theft. But the police just told her that she'd be hearing from them in due course. And she did, of course, when she got served with the administrative forfeiture notice. There is no record that anybody followed up with this woman to see if she might be telling the truth. I found this file to be especially distasteful. But all is not lost if you're an owner who protests innocence, even when there are multiple priors. All you have to do is retain a lawyer, file a lawsuit and pay the filing fee, and the chances are pretty good that you can work out a deal where you promise never to let the offender drive the car again, pay a fee of $500, $750, or more, depending — and depending on what wasn't always clear to me — plus the towing and storage fee,, and you can have your car back. Innocence doesn't really seem to be a factor, certainly as far the files that I reviewed show. Franz Kafka, meet the Barbary pirates. 3 It was also interesting to me that relatively speaking, few Edinans showed up in the files. There were some, of course, and it certainly wasn't because the police were targeting out of towners. Rather, it was because a lot of the arrests took place on Highway 100 north of 494 and on the Crosstown east and west of Highway 100. People headed home from an evening on the 494 strip, in other words. As a resident of Edina, that makes me wonder, though, whether the prospect of forfeiture proceeds might be having at least a subtle effect on the patrolling pattern of the Edina Police, drawing them away from patrolling the neighborhoods, deterring residential burglaries, for example. I don't pretend to know the answer to that. Thank you, Madam Chair and members of the committee. I would be happy to try to answer any questions that you have. /sjt 4 RECEIVED MAR 2 2 2010 James Hovland Mayor of Edina A FM I !I,, G AaI_ Cli Edina, MN 55424 Dear Mr. Hovland: March 20. 2010 I am sending v_ ou a couv of a comulaint letter I have sent to the Edina uolice chief about some inappropriate conduct by an Edina police officer. I feel it is important that you know my thoughts because I will not be patronizing any more businesses in Edina since I now question whether the city's police force respects citizens and the basic right to be free of uolice harassment in this country. Sincerelv. John Turk 1500 LaSalle Ave. S. #621 Minneauolis. MN 55403 March 20, 2010 Jeff Long Chief of Police 4801 W. 50th St. Edina, MN 55424 Dear Mr. Long, I would like to inform you about some inappropriate conduct by an officer on your force last week. While 'I was stopped in one of your speed traps on the 6400 block of Xerxes Avenue around 3PM on this past Wednesday, March 17th, I overheard the partner of the officer who had pulled me over yell out, "Woo hoo!" with glee. I looked out my car window behind me and noticed that your officer was actually overjoyed and smiling that he had found someone with his radar gun to pull over. I was —and still am- -deeply offended that a police officer whose paycheck ,comes from the taxpayers' pocket thought that slapping people with sky - high tickets for an activity that everyone does (i.e. exceed the absurdly low speed limits we have in the U.S.) was some sort of video game where motorists represent mere targets. The officer in question was the partner of Officer 117. Officer 117 is the cne who had pulled me over and who heard my angry complaint against his partner. While he promised to have a chat with his partner (I would agree that he did not hear the partners cheer since he was in his patrol car), 1 -was unable to. tell if he was genuinely angry at his partners disgusting behavior or just embarrassed that whatever these two officers were doing that day had just been uncovered for what it truly was. Every one in a while, I hear of a politician with the intestinal fortitude to propose reining the unrealistic traffic laws with their draconian penalties in this country so we can finally shut down arrogant police officers like the one I saw on Wednesday and get them working on something actually worthwhile, like dealing with the people who vandalized my car last summer. Now, the next time there's a proposal to write the law to better reflect the way the people actually drive, I will be damn sure to tell my legislators about this incident. That way they'll know that when the police try to lobby against such things as realistic speed limits, what law enforcement really is concerned about is the loss of the ability of police officers to take pot shots at the citizenry for their amusement. Sincerely, John Turk 1500 LaSalle Ave. S. #621 Minneapolis, MN 55403 cc: Edina Mayor and City Council Susan Howl RECEIVED Subject: Renewable Energy - Our State - Your Community MAR 12 0 Hi, Richard Carter of greenenergycafe.com here. I am contacting you today because you are a city mayor, administrator, or council person in Minnesota. I believe you are interested in bringing renewable energy, and potential jobs and further development to your community and the state. There have been a number of attempts to do so in the past. Cumulatively, those efforts have brought us closer to seeing wide - spread, distributed renewable energy, but not enough to get the job done. Comparatively, our neighbor states are making great strides forward, which provides them the advantage in attracting manufacturers, distributors, jobs, and revenues. As an example, Wisconsin is years, if not a decade ahead of us, due to their Focus On Energy Program and its ability to attract utilities to voluntary participation in their effective programs; one of which is a voluntary Feed -In Tariff- Modeled Program. We can do better. There is an important House Bill in the Minnesota Legislature this session, one that can move Renewable Energy forward in our state on a large scale. That Bill is House File 3618. No matter what your political perspective, your social interests, or where you are located in the state; no matter vhether your communities are urban, suburban, rural or agricultural, your property owners can benefit from this . egislation. Renewable Energies can move your community forward, reduce pollution, and help cut our dependence on foreign energy; all WITHOUT burdening your municipality with bonding responsibilities or increasing property taxes. We have had other legislation try to solve this problem. Unfortunately, those efforts were half -step measures that did not address the real core issues necessary for Renewables to be brought to the citizens of our state. All you have to do is look around your community to see how poorly they have worked.. This current legislation on the other hand, is the first one patterned after the most proven policy on earth for moving Renewable Energies forward. That policy is the Feed -In Tariff. It is how Germany and a host of other countries have moved decades ahead of us in the actual application of and received the benefits from solar, wind, biomass, hydro, and geothermal energy. It is how they have cut their dependence on foreign energy, cleaned up their environment, and reduced their costs for energy. We can do it here too! (If we don't, we lose a lot of new business and JOBS!) There is only one remaining hurdle for us to overcome in order to bring Renewable Energy to life in Minnesota. Even with the federal Recovery Funds, the state Department of Energy programs, and the rebate from certain utilities (they moved us part of the way to the required goal), the initial cost or the initial amount needed to begin a project is still out of the reach of the average Minnesota property owner. HF 3618 will solve that problem. Because your community is one of those which will either WIN or LOSE, I believe YOU are the one who should have a say in our future success. In order to bring you up to speed as to what this program is all about, I am asking that you read the Bill and review the information available at the links below. The Bill is an easy read; only 10 pages of widely- spaced text. Please take a few ninutes, get yourself a cup of coffee or tea, and sit back and discover what this opportunity is and what it can do for all of us in Minnesota. You can find those links on our webpage at www.greenenergvcafe.com . I am also providing them below. Once you have reviewed the facts, and if you are. in favor of moving Minnesota forward, I would like to hear from you, at which time I can answer your questions and give you a broader understanding of what this legislation can do for your community. If you have a group, and would like a presentation regarding this legislation and related topics, please email us at: richard @green6nergycafe.com. Here are the links I mentioned above: Description of a Feed -In Tariff: http: / /en.wikipedia.org /wiki /Feed -in tariff The Minnesota House File 3618: https: / /www.revisor.mn.eov/ bin /eetbill.phpsession =ls86 &number= HF3618 &session number =0 &session year= 2009 &ve rsion =list A presentation before the Michigan Legislative Committee: http: / /www.youtube.com /watch ?v= U64t3asvzlE (It's all about JOBS, and ECONOMY!) From Australia: http: / /www.youtube.com/ watch ?v= h4HVpBhkfwU &feature = related Ontario Green Act: http: / /www.youtube.com/ watch ?v= JgOPiocOxlw &feature = related Ontario Feed -In Tariff: http: / /www.youtube.com/ watch ?v= YA51C -VQdsk &feature = related "If you build it, they will come ": hhttp: / /www.youtube.com/ watch ?v= AJR2wPGG6Vg &feature = channel (Manufacturers go where the business is, where the communities allow that business to begin.) "The secret to Getting Ahead, Is In Getting Started." Payback Time — Feed -In Tariffs: http: / /www.youtube.com /watch ?v= MV3J5Sm8Re8 Here is the list of the Members of that Committee: Enemy Finance and Policy Committee Committee Chair: Bill Hilty 559 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4308 E -mail: rep. bill.hilly@house.mn Representative Andrew Falk Vice Chair Andrew Falk 431 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 2 651- 296 -4228 E -mail: rep.andrew.falkghouse.mn Representative Torrey Westrom Lead -GOP Torrey Westrom 273 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4929 E -mail: rep.torrey.westrom&house.mn Representative Bruce Anderson 295 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5063 E -mail: rep.bruce.andersonghouse.mn tepresentative Joe Atkins 503 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651 -296 -4192 E -mail: rep. ioe.atkins@house.mn Representative Michael Beard 207 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -8872 E -mail: rep. mike. beardghouse. mn Representative David Bly 557 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 51- 296 -7065 -mail: rep. david.bly@house.mn Representative Kathy Brynaert 421 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -3248 E -mail: rep.kathy.brynaertghouse.mn Representative Bob Gunther 289 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -3240 E -mail: rep.bob. un�ther_(a�,house.mn Representative Tom Hackbarth 309 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -2439 E -mail: rep.tom.hackbarthna,house.mn Representative Joe Hoppe 3.17 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5066 E -mail: rep. joe.hoppeghouse.mn Representative Melissa Hortman 377 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4280 E -mail: rep.melissa.hortmanQhouse.mn Representative Gail Kulick Jackson 531 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -6746 E -mail: rep. gailkulick.jacksonQhouse.mn Representative Sheldon Johnson 49 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4201 E -mail: rep.sheldon.iohnson@house.mn Representative Jeremy Kalin 579 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5377 E -mail: rep. ierem .ky alinghouse.mn Representative Kate Knuth 507 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -0141 ? -mail: rep. kate.knuthghouse.mn Representative Doug Magnus 253 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5505 E -mail: rep.doug.ma nusghouse.mn Representative Bud Nornes 277 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4946 E -mail: rep.bud.nomesghouse.mn '.epresentative Mike Obermueller .s35 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4128 E -mail: rep.mike.obermuellerghouse.mn Representative John Persell 529 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5516 E -mail: rep.john.persellQhouse.mn Representative Brita Sailer 577 State Office Building_ 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4265 E -mail: rep.brita.sailer@house.mn Representative Marty Seifert 233 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -5374 E -mail: rep.marty.seifert@house.mn Representative Andy Welti 389 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4378 E -mail: rep. andy.welti@house.mn Representative Lyndon Carlson Sr. ex- officio 479 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -4255 E -mail: rep. lyndon. carl son@house. mn Representative Loren Solberg ex- officio 443 State Office Building 30 Rev. Dr. Martin Luther King Jr. Blvd. St Paul, MN 55155 651- 296 -2365 E -mail: rep. loren. solberpQhouse. mn Committee Staff Administrator: Andy Pomroy 651- 296 -4180 Legislative Assistant: Rebekah Smith 651- 296 -8879 More Links About Feed -In Tariffs: Wind- Works.Or� New Rules Proiect Alliance for Renewable Enemy Richard Carter Green Energy Cafe iww.greenenergycafe.com richard @greenenergycafe.com 952 - 292 -1930 If you wish to NOT receive any more information on this topic, please notify us at: maiIto:unsubscribe@greenenergycafe.com lm • H \ "roptpog,c�" ,969 REPORURECOIV MEN®A°TION To: MAYOR AND COUNCIL Agenda Item Item No. VI. A. From: Debra Mangen City Clerk ❑ Action F-1 Discussion ® Information Date: April 6, 2010 Subject: CORRESPONDENCE INFORMATION /BACKGROUND: Attached is correspondence received after the packets went out. 4606 Drexel Ave. Edina, MN 55424 April 2, 2010 To: Jim Hovland, Mayor Gordon Hughes, City Manager Wayne Houle, City Engineer Jeff Long, Police Chief From: Donald Geesaman I had open heart surgery at Mayo Clinic last fall, and now that I am much recovered, I feel that it is time to tie up some loose ends that remain from before my surgery. The attached citation speaks for itself. On 9/16/09 I was cited by officer #160 for not stopping at the stop sign at Arden and Sunnyside, as I was proceeding west on Sunnyside. It was afternoon, no other traffic was present. I fully acknowledge the facts of the case, and have paid my fine. Having said that I feel it is appropriate that I provide an additional perspective that derives from my being a Country Club resident on Drexel and an Edina citizen, both for 34 years. I address this letter to you collectively, realizing that much of what I describe may predate your own experience and responsibilities, and that, in effect, I am directing this to the City government as a historical institution. I have no recollection of a traffic problem on Drexel prior to the City's ill conceived Country Club traffic plan of the early 1990's, which was presented as a design that would divert through traffic away from the neighborhood, but which, in fact, did just the contrary, by making other of the north-south streets, such as Drexel and Edina, as attractive to through traffic, as Wooddale. I would note that the neighborhoods confidence in the City's competence in traffic matters did not survive implementation of a traffic plan that has led to some 15 years of bureaucratic expediency, neighborhood squabbling, and ineffectual action by the City. Sometime in the early 1990's, after the traffic plan had been implemented, I wrote to the police department noting the resulting problem that was evolving on Drexel. (The first of my many letters on Country Club traffic issues.) My definition of a traffic problem is pragmatic — too many vehicles going too fast for the location. Officer Bongard, who evidently had traffic control responsibilities, called me back, and we had a long conversation. He was very sympathetic and understanding of my concerns, but was discouraging about remedies (can't ticket unless over 40 mpg, can't change speed limit, can't use speed bumps, etc). I remember clearly discussing a couple of the bizarre specifics of the traffic plan, in particular the near arbitrary use of gratuitous stop signs, the Arden Sunnyside intersection being the discussed example. He said it is well known that if you put a stop sign where it is not needed, people i ng_ ore it. I can attest that since the 1990s traffic plan, there has been a traffic problem on Drexel of increasing severity with no action even approximating an effective response. The only respite came from the infrastructure project, and the renovation frenzy that preceded it. With these past, the problem will reassert itself because the long north -south block is attractive both to speeding and through traffic, particularly with the indefensible high speed entry system at the end of the block. In spite of this I have never seen a citation given on Drexel, nor even a police car monitoring traffic. My point is this: I make no case for running stop signs, but running a gratuitous stop sign in the absence of traffic is less reprehensible than the City citing the stop sign in the first place, and then having patrol cars routinely monitor it, not because it has gAy significance to traffic safety in the neighborhood, but because it is convenient for the officers. From my perspective the above has an unfortunate similarity to entrapment, and is in its way an imaginative instance of blaming the victim. No response to this letter is intended or required. It is my premise that you will be well served by understanding a perspective other than that dictated by your responsibilities. hate of Minnesota Hwinspin County - Fourth Jttdictal District :itya. EDIK�A IN11111 ;ourt Divi OM'DC4 ;orrununity Code: 050 409444299 Y' ieense Nicobar State E635074329614 lm..- - Last, Feat, Muddle GEESAMAN DONALD PAUL lddress - Street, Apt # 4606 DREXEL AV ;ity State ZP ��.. PA N 55424 GViAVM 30B (mmddd/yyyli) Eyes • '• Height Weight Gender Tw__� 02/12 1933 BLU. 5'11 185 M /elude License No. State Plats Year Melee Model Color LPNO27 MN 2010 TOYT CAMRY TAN 0eft of Offense Tine of Offense Accident 0911612009 04:44 PM ❑ Injury ❑ Propedy O Fatal Parking Meter No. Neighborhood Code HousinglBuildmg Court Boomed ® Owner ❑ Passenger [N Driver Offense I arcetion SUNNYSIDE RD /ARDEN AV TRAF -SIGN -STOP SIGN 1 169 -30-15 No Z Q mod, I Jurisd. Code Verse Sfatute/Ord. juft . Code ❑ NO PROOF OF INSURANCE 169.791 (sub ) SPEED MS169.14 (sub ) : ❑ NO SEAT BELT Use MS I sqJ 86 mph in a zone ❑ Endangering Ufe/Property ❑ Unsafe Conditi— ❑ Commerdal Veh id- ❑ Hazardous Material (DOT) ❑ Construction Zone Idetth6cation: ® DL ❑ Photo ID ❑ Other Officer ID N O. CCNMCR# �Ilncy 160 EDINA PD WWW mncourts.gov /districl:M/or call the violations bureau at 612 - 34&2040. If your violation is not listed below, wait 10 days and log onto the above web site or call the above number. If fine is not paid Within 21 days a $5.00 late fee will be added. Limited Fine Schedule Parking parking l(hotations (MN Staff 16934 & S'snow Paddng Ordrtancesl—._....524.00 Parking %Aoletions ( Meter, Snow Emergency, Street Cisw& yj . .. ............34.00 Handicap Parting- License Requi ed. ------- .. -- .._ - -.- 204.00 Speeding Speeding .................... .. .. . .................. $145.00 Speeding 20 or More Miles over Limit .. .... ................ ............212.00 Spaeduhg in a WorldSchod zone ---- --- -- --------- - -------- --- ............ 212.00 Other Moving Violations Careless Driving vAIhout an Accident .......... - ._ ....... ....... _ ........ . ............ $178.00 Fail to Obey a Slop Sian or .........._ ............. _. 145.00 mprope dad Time _.. ...... A 2B.00 ............. - .....- Failma to Yleld Right of Way. - ... _... _ 128.00 Improper Lane Use ........... ................ .. ...... _......128.00 Driver's License VlolatlonS NoValid License .............. . ........... ................. ........................$178.00 No Licensa in Possession (May display al Violations Bureau!) . _.98.00 Driving after Suspension /Revocation/Cancellation.......... .........178.00 License Piate/E4ulpmerd Vfalatlons E)qivocl License Plates/rabs ..$108.00 .....NO Seatb OIL ...... ....... ...... .........................103.00 Crlminal VloMons °possession of Small Amount of MerijL . ... ........ _.__ ...... ............... $128.00 NO INSURANCE VIOLATIONS: If you have received a citation for No Proof of Insumm and the vehicle you were driving vas covered at the date and time of offense, submit a copy of your irisum= cad within 10 busnriess days to the Violations Bureau either in person or by mail. OFFENtSES jW CAN BE RESOLVED BY PAYING A FINE You may elect to plead °Gwjy as Chwgad,. to 0-D listed charges and Tray the fine(s). payment of a finKs) is deemed to be a Plea of Guilty'. F00(s) may be Paid In -y one ofthe foknftways: TO PAY BY PHONE: Using Mastetrard or Visa cell 612348'2040. TO PAY ON LINE: By electronic check or credit card access the above web si - TO PAY BY MAIL: Make check payable to: DisWct Court Administration. Mail To: District Court .eeneepin County. Goveramrtent Center, Public Service Level 300 South 6th Street h%nneapolI% Mm 554873014 TO PAY IN PERSON: Payments are accepted at the four Courts, call for addresses. By PAYING THIS FWE(s) YOU ARE ENTERING A PLEA OF GUILTY to this offense(s) and voluntari v mve your rights tot the fogcAV. To a t W to the count, it offense its a PoW. rresdemearro , or to atrial to the Court or Jung, of the offense is a misdemeanor. To be represented by counsel. To be i nnocea urn67 proven guilty beyond a reasonable doubt: To confront mod cross examine all prosecution witnesses. To either remain snlard or to testify in mY own behalf YOU MUST CONTACT THE VIOLATIONS BUREAU AT 612 -348 -2040 IF: 1. You gash to plead not guft or an exptarratiOrn. 2. You wish to plead guilty Offer WARNING: 1) Failure to respond to this triton within twenty one (21) days wB result in increased penalties and fees assessed. Yore drivers license may be suspended, the amount due be referred to a collection agency who has eoffec6on euthordy and rrnaY access non.pubec government data for the purpose of 03990M CObtfion or a warrant m W be issued for your amesL 2) Failure to eppr�az for a Petty misdemeanor v� be considered a Plea of GURY and waiver of your right to a met ides am fagire to appear is due to �eucm beyond the persons controL if you fat to apPearor to comply wfith the orders of the court relating to a Motor Vetada Cr't ft% your drivers ficense wN be suspended by the Commksshoner of Public Safely. '\ \� J A ok @ }}, !N City of Edina. April 5, 2010 John Turk 1500 LaSalle Ave. S. #621 Minneapolis, MN 55403 Dear Mr. Turk, I want to thank you for your letter regarding the traffic stop that occurred on March 17'', 2010. Without feedback-from the people we serve, incidents such as this would not get addressed. Unfortunately, our profession is no different than many others. Our employees make mistakes, however oyr goal Is to limit those mistakes so they do. not happen again. We have addressed this incident with the officers involved and are confident that this was an isolated Incident. We are proud of our traffic enforcement efforts which have created some of the safest streets and highways in the metro area. in addition to keeping the roadways safe, aggressive traffic enforcement helps stop many criminal acts, such as drug trafficking. However, with that said, no one should be treated in a disrespectful manner. I would like to apologize for the negative experience you had with our department. I assure you that this Incident is atypical of our officers and will not be repeated. Sincerely, Jeffrey Long , Chief of Police Edina Police Department Edina Police Department Administration (952) 826 -1610 4801 West 50th Street Fax (952) 826 -1607 Edina, Minnesota Police 24 hr. and TDD Line (952) 826 -1600 55424 -1394 City of Edina April 2, 2010 Jean- Charles Compagnon 5925 York Ave S Edina, MN 55410 Dear Jean- Charles: Thank you for your letter of April 1, 2010 regarding the Edina Aquatic Center Flowrider. I have forwarded your letter to the City Council. As I mentioned on the phone, the City of Edina is facing difficult economic times and we are taking serious measures to reduce spending and at the same time do our best to continue to maintain a high level of service that has become expected of our residents. To manage our way through this difficult economic climate, each planned capital improvement project is being re- evaluated and decisions are made whether it is fiscally prudent to delay the expenditure. Before we invest just over $1 million on a new exciting Aquatic Center amenity, we must weigh all of the competing priorities before making the investment. We value community input when making these difficult decisions and your input is greatly appreciated. Many thanks. tfully, WohnKeprio , irector Edina Park and Recreation Department City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 Park and Recreation Department www.cityofedina.com 952- 826 -0367 FAX 952 - 826 -0385 TTY 952 - 826 -0379 w91NA �e o � REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item VI. B. 0 Action GORDON HUGHES From: CITY MANAGER ® Discussion 0 Information Date: APRIL 6, 2010 Subject: REQUEST TO AMEND LIQUOR ORDINANCE — CYPRESS EQUITIES ACTION REQUESTED: If the Council wishes to consider this request, I recommend that it be referred to the City Attorney and a hearing be scheduled for May 4, 2010. ATTACHMENTS: Memo from Cypress Equities. Subject: Amendment Request for Edina Ordinance Section 900 Gordon, As we discussed, we are requesting the City of Edina to amend its City Code (Section 900.09, subd. 5 - referring to certain restrictions on the issuance of intoxicating liquor licenses) to permit the issuance of an intoxicating liquor license to an establishment that features bowling and bocce in connection with and ancillary to a full - service restaurant and which establishment otherwise satisfies the food and beverage sales requirements present currently in the Code. The type of use we are envisioning will be captured by this amendment is the type of business operated by "Pinstripes." Our thought is that the City could accomplish this by adding the following language at the end Section 900.09, subd. 5: For purposes of this subdivision, "amusement and recreation establishment" shall not include an establishment featuring bocce and bowling together as recreational and amusement activities, provided that such establishment has less than 1 bowling lane for each 2,000 square feet of finished floor area in the establishment. Please let me know if you have 'any questions or if there is anything that I can do to help you in this process. Best, Kirk Williams Senior Vice President of Development CYPRESS EQUITIES 8343 Douglas Avenue, Suite 300 Dallas, Texas 75225 Direct: 214.561.8838 Fax: 214.283.1600 Cell: 214.803.3180 kirk .williams(cD_cypresseguities.com www.cypressequities.com EDINA HUMAN RIGHTS & RELATIONS COMMISSION TUESDAY, MARCH 23, 2010 7:00 PM — MAYOR'S CONFERENCE ROOM Members Present Student Members Staff Arnie Bigbee Shara Mohtadi Susan Howl John Cashmore Emma Weisberg Lisa Finsness Jessi Kingston Bob Mayer Dee Moore Meg Newell Russ Stanton Agenda Edited Student Member Mohtadi requested addition to the agenda of a STAND request for $1500 for an event to highlight atrocities in Burma; the request was granted. Minutes Approved Member Finsness seconded the motion of Member Stanton to approve the minutes of February 23, 2010; the motion carried. Draft Domestic Partnership Ordinance Edited Member Kingston seconded the motion of Member Cashmore to add wording in 195.02 Definitions, Domestic Partnership, B. of the draft ordinance: "Marriages between persons of the same sex would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law." The motion carried. The Commissioners were reminded of the City Council's prompting to revise the fourth resolution in preparation for another work session. The Commission work group consisting of Members Cashmore, Kingston and Mayer will oversee this project. The resolution currently reads: "Adopt an Equal Benefits ordinance in a form substantially similar to Exhibit B requiring entities that contract with the City be required to provide equal benefits to spouses and domestic partners of their employees." Tom Ove Human Rights Award Discussed There were two nominations received for the Tom Oye Award: 1) Kelly Fitzgerald of Dow Water and Process Solutions, submitted by Dawn Hart; and 2) HRRC Students Members Shara Mohtadi and Emma Weisberg, submitted by Council Member Brindle. Student Member Mohtadi reported that the City's website did not accept nominations which had been submitted on -line, and Staff liaison Howl indicated that communications staff had been notified. There was extended discussion about the possibility of lost nominations. IV Member Cashmore seconded the motion of Member Kingston to select all three nominees for the award upon the successful vetting of candidate Fitzgerald. Member Finsness amended the motion to state that the award should be given individually to all three nominees. The amended motion carried. The vetting of candidate Fitzgerald will be carried out by Commissioner Moore. Member Kingston seconded the motion of Member Mayer to request the Edina Communications Director to investigate the missing on -line nominations and respond before the next Commission meeting; the motion carried. Member Newell suggested that early next year each Commissioner should make the effort to get out in the community to identify candidates for the 2011 Tom Oye Award. Work Plan Team Members Selected Before selecting team members for the Work Plan, Chair Bigbee reported that he would be meeting with the chair of the Community Health Committee and the staff liaison regarding the tasks of the Committee and a possible collaboration regarding the human services funding process. There was a concern shared by some that the process for developing the budget for human services funding should be left intact for HRRC to manage. In light of this discussion, Members Finsness and Newell agreed to revise the current RFP and bring it back to the next meeting for approval. The following team assignments were made: • Visibility — Members Cashmore, Finsness, Moore and Newell • Administration — Member Mayer • Bias /Hate Crime Response Plan — Members Bigbee, Kingston and Moore The Commissioners were encouraged to call Member Bigbee or liaison Howl to add their names to teams. It was emphasized that teams can include other people within the community. Member Newell indicated that she would like to see the Commission participate in producing films with the school on human rights' issues. Upcoming Human Rights Fair Noted Student Members Mohtadi and Weisberg reported that the event regarding Eastern Congo would be held on March 25th at the Edina High School. The Commissioners were invited to attend a dinner beforehand at 6 PM and then stay for the Fair, the featured speaker and a question- and - answer session. There will be 11 NGO's at the 7:00 PM Fair. 600 students have signed up to participate in the event during the day. Chair Bigbee reported that he had ordered a portable Commission banner through the City which would be ready for display at this March 25th event. ., Funding Requested Student Member Mohtadi said that STAND has already made plans for an event on May 22 to raise awareness about the atrocities occurring in Burma. The event will begin with bikers traveling from City Hall to the Lake Harriet bandshell, followed by a band concert and speakers from Burma talking about their personal experiences. Student Members Mohtadi and Weisberg indicated that it would be helpful if the Commission could allocate funds to cover the cost of banners, posters, pamphlets, food and t- shirts. The Commissioners were reminded that $1500 had been set aside in the operational budget for items such as this. Chair Bigbee requested a more detailed budget for the event, and Student Member Mohtadi agreed to provide one. Member Stanton seconded the Motion of Member Mayer that the Commission fund the amount of up to $1500 for this event on May 22 and to find out if the Commission could also be considered a sponsor of the event; the motion carried. Community Council News Reported Having recently attended a Community Council meeting, Member Finsness reported that discussion took place about gathering leaders to discuss needs, gaps and partnerships to accomplish community mapping /community building. Member Finsness shared that she brought up the model of the "World Cafe" to facilitate talking to partner groups. Meeting Adjourned Chair Bigbee thanked the members of the Commission for their passion and commitment to this work for our community. There being no further business, the meeting was adjourned at 9:00 PM. Respectfully submitted, Arnie Bigbee, Chair Edina Human Rights & Relations Commission Otte �rlf; REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Back of Packet From: Joyce Repya Associate Planner F Action 1-1 Discussion X Information Date: April 6, 2010 Subject: 2010 CDBG Final Allocation ACTION REQUESTED: Information only INFORMATIOWBACKGROUND: Hennepin County has advised all communities that HUD has increased the 2010 CDBG allotment by 7.4 %, reflecting a $187,758 increase over FY2009. Edina's final entitlement reflects that increase by $12,483, moving from $161,303 to $173,786, or 7.7 %. Edina's 2010 CDBG proposed budget was created using our FY2009 final allotment of $161,303. Resolution No. 2010 -22 approving the proposed 2010 budget included a provision allowing city staff to adjust the project budgets to reflect any changes in funding. The final budget reflects a consistent 7.7% increase for the three public service providers, with the remaining $10,611 being directed to Rehabilitation of Private Property. WHAHLT did not receive an increase from the $82,000 previously approved because $82,000 is the amount of funding they need to purchase one home for the Community Land Trust program in Edina. Attached you will find the final 2010 CDBG Budget allocation which reflects the increased funding from HUD. ATTACHMENTS: 1. City of Edina Final 2010 CDBG Budget 2. Hennepin County Final 2010 CDBG Allocation by City 3. Resolution No. 2010 -22 Ar N ` CITY OF EDINA 2010 CDBG BUDGET ORIGINAL ALLOTMENT: $161,303 FINAL ALLOTMENT: $173,786 (15% _ $26,067 for Public Services) Public Services: 15% _ $24,195 + $1,872 = $26,067 ($624 A provider) H.O.M.E. $ 175165 $179789 C.A.P.S.H. $ 55000 $ 59624 HomeLine $ 2,030 $ 2,654 TOTAL $ 249195 $269067 Community Development: 85% _ $137,108 + $10,611 = $147,719 Rehabilitation of Private Property $ 55,108 $659719 W.H.A.H.L.T $ 82,000 $82,000 TOTAL $137,108 $147,719 Hennepin County FINAL 2010 CDBG Allocation Community Preliminary 2010 Allocation FINAL 2010 Allocation Adjustment Amount Brooklyn Center $188,965 $203,588 $14,623 Brooklyn Park $378,554 $407,848 $29,294 Crystal $98,920 $106,574 $7,654 Edina $161,303 $173,786 $12,483 Hopkins $113,718 $122,518 $8,800 Maple Grove $156,230 $168,319 $12,089 New Hoe $108,747 $117,162 $8,415 Richfield $197,568 $212,857 $15,289 St. Louis Park $206,455 $222,431 $15,976 Subtotal $1,610,460 $1,735,081 $124,621 Consolidated Pool $500,543 $539,145 $38,602 Community Allocation Total 2,111,003 2,274,225 $163,222 Hennepin County Administration 315,437 339,827 $24,390 County Entitlement Total 2,426,294 2,614,052 $187,758 RESOLUTION NO. 2010 -22 F , APPROVING PROPOSED USE OF 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS I AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS City of Edina WHEREAS, the city of Edina, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the city of Edina has developed a proposal for the use of 2010 Urban Hennepin County Community Development Block Grant funds made available to it; and WHEREAS, the city held a public hearing on February 16, 2010 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $161,303 from the 2010 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of the City of Edina approves the following projects for funding from the 2010 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget Rehabilitation of Private Property $55,108 Homes Within Reach — Affordable Housing $82,000 Senior Community Services (HOME) $17,165 Community Action Partnership for Suburban Hennepin (CAPSH) $ 5,000 HOME Line $ 2,030 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2010 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2010 CD G available to the city be different from the preliminary amount provided to the city, the City Coun it er by authorizes the city manager /administrator to adjust project budget(s) to reflect an increase or de a se in funding. Dated: February 16, 2010 Attest: / Debra A. Manger, Ciq Cleo James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN)SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 16, 2010, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this it day of 20J City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com '9927 -8861 FAX 952 - 826 -0390 TTY 952 - 826 -0379 City Manager Selection Process Council Work Session — 4/06/10 AGENDA 5:00 - 5:.15 (1) Preliminary discussion: JBH charge of contacting consultants and scope of work 5:15 — 5:45 (2) Interview with KeyStone Search - Rebecca Yanisch, Principal - Mike Frommelt, Principal 6:00 — 6:30 (3) Telephone interview with Personnel Decisions, International (PDI) - Harry Brull,. Sr. V.P. 6:30 — 6:55 (4) Discuss consultant options and process 6:55 Adjourn 4 P Mission Statement We seek to make a transforming impact on the lives of the people we work with and the marketplace and communities we serve. 105 Fifth Avenue South, Suite 512, Minneapolis, MN 55401 612- 375 -8900 www.KeyStoneSearch.com THE KEYSTONE SEARCH PROCESS OUT I DISCOVERY y Organizational Profile • Culture Blueprint • Strategy /Vision Position Profile • Role & Responsibilities • Values Roccnrr+h • Identify Candidates Recruit • Attract Candidates Qualify • Competencies • Values • Leadership CU LTU RE t'1T RESULT High Impact Leaders with Shared Core Values KEYSTONE SEARCH DE CC: ISI ` INTEGRATION Client Interviews • Competencies • Values • Leadership References Background Check Final Selection Offer • Compensation Package On Boardino • Plan first 90 days • Calibrate success factors THE BEST COMPANIES IN THE WORLD HAVE ACCOUNTABLE, HIGH PERFORMING CULTURES. THESE CULTURES DON'T HAPPEN BY ACCIDENT, THEY ARE BUILT — ONE HIRE AT A TIME. For more information visit: www.KeyStoneSearch.com OUR COMMITMENT TO YOU We gain an in -depth understanding of your organization's business, its structure, the requirements of the position, as well as the organization's vision and strategy. We gain a thorough understanding of your organization's culture and values, which we use to vet candidates on your behalf. We conduct thorough and detailed research to identify the very best candidates for the position and for your organization. We gain extensive candidate information through the KeyStone interviewing process and Culture Blueprint tool. All of this information is shared with you. We maintain the utmost confidentiality and propriety in our oral and written communication during the search. We update you regularly regarding progress on the project and respond promptly to any questions or comments. We provide on- boarding services, at no cost, to assure a successful assimilation for the new executive. We always have your best interests at heart. KEYSTONE .JEARCH OUR PARTNERSHIP WITH YOU We ask for time with key leaders and decision - makers in your organization. We will ask you for organizational charts and other materials. We ask you to participate in the Keystone Culture Blueprint assessment, which provides integral knowledge of your organization's culture and values. We ask you to carefully decide who should be involved in assessing /interviewing candidates. We ask you to thoughtfully review the candidate information, ask questions, and decide who should be granted interviews. We ask you to maintain the utmost confidentiality during the search process. We ask you to keep us informed of any changes that arise during the search. Nothing is too minor. We ask for assistance in coordinating on- boarding sessions with the new executive. For more information visit: www.KeyStoneSearch.com KEYSTONE SEARCH Completed Searches by Keystone Search Consultants Manufacturing President Chief Operating Officer Chief Financial Officer General Manager Senior Vice President of Human Resources Vice President of Engineering Vice President of Sales /Marketing Vice President of Sales Vice President of Operations Vice President of Taxes Corporate Controller Director of Research and Development Director of Information Technology Director of Leadership Development Director of Sales & Marketing Regional Sales Manager Manager of Training & Development Healthcare President /CEO Chief Operating Officer Chief Medical Information Officer Chief Information Officer Chief Nursing Officer Senior Vice President of Human Resources Vice President, Marketing Executive Director, Long Term Care Director, Clinical Quality Director, Compliance Human Resources Director System Director, Revenue Cycle Management System Director, Pharmacy Associate Administrator, Nursing Practice and Education Financial Services /Financial Products /Banking President Chief Information Officer Executive Vice President of Risk Senior Vice President of Human Resources Vice President, Chief Investment Officer Director of Information Technology Director, Credit Services 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Distribution /Transportation President Chief Financial Officer Chief Information Officer General Manager Vice President of Distribution Vice President of Human Resources Vice President /Corporate Controller Director of Employee and Labor Relations Director of Sales Business Services President (Public Relations /Advertising) President (Consulting) Chief Financial Officer / Chief Operating Officer (Healthcare Technology Company) Chief Operating Officer (Technology Education Company) Chief Financial Officer (Video Conference Services Company) Chief Financial Officer (Regional Telecommunications Company) Vice President of Marketing (Technology Company) Director of Web Services (Technology Company) Practice Leader (Consulting) Architecture /Construction Chief Information Officer Vice President, Human Resources Director of Risk Management Director of Client Services Director of Organizational Development Publishing /Printing Chief Executive Officer Editor -in -Chief General Manager Director, E- content Human Resources Manager Education Chief Operating Officer Executive Director, University Services organization Director of Healthcare Education Development Director Major Gifts Executive Non - Profit /Civic CEO President Foundation President Executive Director Chief Advancement Officer- - Chief Administrative .Officer Chief Financial Officer Chief Operating Officer Vice President, Education Vice President, Programs. Vice President, Human Resources Vice President, Development Vice President, International Programs Vice President, Mission Services Vice President, Labor Relations Vice President of Customer Relations Vice President, Regulatory and Strategic Services Vice President, Institutional Advancement Deputy Executive Director, Finance & Administration Senior Director, Programs and Services Senior Major Gifts Officer Director of Development Director of Engagement & Communications Controller i 1 KEYSTONE SEARCH KeyStone Search Non - Profit /Civic Sector Searches 2006 -2010 Board of Directors (2), Blandin Foundation (current) ChiefAdministrative Officer, Amherst H. Wilder Foundation ChiefAdvancement Officer, Lutheran Social Services of Minnesota Chief Executive Officer, Bethesda Hospital Chief Executive Officer, Maple Grove Hospital Chief Executive Officer, Opportunities Partner Chief Executive Officer, People Serving People (current) Chief Executive Officer, Racine /Kenosha Community Action Agency Chief Executive Officer, Woodwinds Hospital Chief Financial and Administrative Officer, CommonBond Communities Chief Nursing Officer, North Memorial Health Care Chief Operating Officer, Aeon Director of Civil Rights, City of Minneapolis (current) Director of Compliance, UM Physicians (current) Director of Engagement & Communications, Bush Foundation Director of Healthcare Programs, Dunwoody College Executive Director, Bethany Homes Executive Director, Community Action Partnership of Ramsey /Washington Counties Executive Director, George Family Foundation Executive Director, The Link Executive Director, Resources for Child Caring Executive Director, womenwinning (MN Women's Campaign Fund) Executive Director, Wisconsin Climate Change Action Initiative (current) President /CEO, Amherst H. Wilder Foundation (current) President, Council on Crime and Justice President, Foundation for Minneapolis Parks President, Growth & Justice President, Northwest Minnesota Foundation President, Minnesota Planetarium and Space Discovery Center President, Saint Paul Chamber of Commerce (current) President, Saint Paul Port Authority Senior Director of Clinical Quality, UM Physicians Senior Major Gifts Officer, Lutheran Social Services of Minnesota Vice President, Advantage Services, CommonBond Communities Vice President, Development, Minneapolis Foundation Vice President, Human Resources, Presbyterian Homes and Services Vice President, Institutional Advancement, Minneapolis College of Art & Design Vice President, International Programs, Children's HeartLink Vice President, Mission Services, Goodwill /Easter Seals Vice President, Programs, Northwest Area Foundation Vice President, Property Management, CommonBond Communities March 2010 105 Fifth Avenue South, Suite 512 --Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Pip Columnist interview and comments from Keystone Search Article reprinted from Minneapolis Star Triune Keystone Search Ioc Fifth Avenue South. Crown Roller Mill, Suite 512 Minneapolis. MN 55401 612.375.0065 STAR TRIBUNE BUSINESS • FRIDAY, MARCH 31, 2006 • SECTION D K `CULTURE FIT' ISN'T SOFT FLUFFY STUFF. IT REALLY GETS TO HOW YOU'RE GOING TO BE MEASURED AND REWARDED AND PROMOTED IN THAT JOB. )) Marc Cenedella, CEO ofTheLadders.com BACK FROM LEFT: Rebecca Yanisch, Mike Frommelt FRONT: Bob Schoenbaum, Marcia Ballinger rttcto CAxDm— BEAFD. PorutAR cow-T ?006 Fitting in at the workplace e Executives need know -how, but recruiters stress that a good fit with company culture matters, too. By H.J. CUMMINS heummins @startnbune.com Dean Bodem wanted some- thing more than an executive search firm when it came time to hire a vice president of sales at Viking Engineering and Develop- ment Inc., where he is president. Bodem wanted a matchmaker. So he hired Keystone Search in Minneapolis, whose consul- tants believe chemistry is just as important in work relationships as in social ones. Last week, Mark Stevens started his new job as vice president of the employee -owned Fridley manufacturer, where he feels his passion for teamwork fits right in. Executive recruiters increas- ingly are telling companies that "culture fit" and "core values" are important when hiring top man- agers. Keystone makes those con- cepts central to its work, accord- ing to co-founder Mike Frommelt. The firm's specialty is first turn- - FIT urn- ing a mirror on the company, be- cause it's hard to find the right job candidates unless the compa- ny understands itself. Not everyone defines "fit" the same way as Keystone does, however. The Center for Creative Leadership in Greensboro, N.C., believes that it depends more on specific skills than on personal values, for example. In any case, fit is a hot concept in a hot executive job market nation- wide, and particularly in manufac- turing and health care in the Twin Cities, according to first- quarter trends at Thel adders.com. The online jobs - posting site specializ- es in positions that pay $100,000 and more. "2006 is all about growth, with CEOs talking about how to grow their business, that they need more great people to figure out how to grow," TheLadders.com CEO Marc Cenedella said. "And'culture fit' isn't soft fluffy stuff," Cenedella added. "It really gets to how you're going to be measured and rewarded and pro- moted in that job." Fit continues: One firm realized that they're "not always looking for'the expert; but the person who knows how to find answers." D2 ► Search firms look for a fit in the workplace FIT FROM D1 The KeyStone process be- gins with Frommelt or his part- ners Bob Schoenbaum and Marcia Ballinger asking CEOs and their executive teams to come up with about 100 values they think are core to the com- pany Then participants have to winnow those to no more than seven "It's usually pretty easy to get down to 20;" Frommelt said. "It's after that that you start hearing things like,'If that word comes off the board, I quit; " he said. But the self- reflection neces- sary to reach the final few val- ues clarifies the company's vi- sion. At Lighthouse 1, for exam- ple, there was considerable dis- cussion concerning the word "expert" vs. "resourceful;' said Jeff Fritz, president of the Minnetonka start -up that de- veloped software for process- ing health care plan payments. "When we did the exercise with Mike (Frommeld, we re- alized we're not always look - ing for the expert; but the per - son who knows how to find an- swers;" Fritz said. "We want a depth of knowledge, but what we want more is a depth of re- sourcefulness" Good hires are everything to a start-up such as Lighthouse L which has grown from two to 30 employees since. 2003, Fritz said. "We have very aggressive growth goals; we can't afford a non -fit;' he explained. Viking, with 65 employees, also considers a bad fit a deal - breaker. "If the culture fit Lc not good enough, well say no to an ap- plicant;" Bodem said. "We're a small organization, and the interaction between people is very important here:' Applicant's view That suits applicants. too, said Kathy Andrus, Midwest managing principal at Right Management Consultants in Edina, whose clients are job seekers. "With all that people have been through in the job market in the past few years, they're looking for a place that 'feels right' to them, where they feel like they can do the job as the company wants," Andrus said. In fact, she said Right Man- agement provides its clients with a list of questions they can use to try to suss out a compa- ny's culture. One is: Describe your best employee and why they are w good. Another: Describe a significant change in your business division in the past year, and how it was brought about. Stressing fit for decades The Center for Creative Leadership's research has main- tained for 30 years that fit is fun- damental for a successful exec- utive, said Men Van Velsor, a senior fellow there. Van Velsor and others have looked at executives who, af- ter a long, successful career at a company, were stalled or fired "Fit was a critical factor, but not a values fit:" Van Velsor said. "It was the fit of the indi- vidual's skills and perspectives. They lose thew effectiveness if they haven't been able to adapt or change approaches or grow new skills as they move to high- er levels, or [if] their organiza- tions face new challenges that require something different from them" That kind of fit is the oppo- site of a core value because it must change, she said, and core values are considered set. So, while her derailment re- search doesn't speak to core values, it makes sense to Van Velsor that they would matter in bring. "I work at the Center for Creative Leadership because the values of the center are in alignment with my values," she said. "So I think the valves fit is important in attraction, selec- tion and retention." H.n. Cummins • 612.673 -4671 KEYSTONE SEARCH BACKGROUND SUMMARIES OF OUR SEARCH CONSULTANTS MARCIA BALLINGER Marcia Ballinger is a Principal with KeyStone Search. She joined Keystone in 2004, after eight years as Vice President with a prominent executive search firm. Marcia leads both the Consumer Goods & Services Practice as well as the Printing & Publishing Practice. She has conducted numerous top level assignments in executive /general management, operations, sales /marketing, finance and human resources. Marcia's previous corporate positions were as Director of Human Resources Development with two international manufacturing and distribution firms, including having managed a multi -year corporate culture transformation. She began her career with IBM in sales and educational capacities. Marcia has a BS in Business Administration and an MA in Speech- Communication from the University of Minnesota along with a PhD in Organization and Management from Capella University. She has served as adjunct faculty in business at St. Mary's University and Capella University and in 1996, she earned certification as a Senior Professional in Human Resources from the HR Certification Institute. A resident of St Paul, Marcia lives with her husband, Brad Ballinger, daughter, Analisa, and their two French Bulldogs. She is an active community leader, serving on the boards of Capella University, the American Red Cross — Twin Cities Area Chapter, the Human Resources Planning Society and as a member of the United Way Women's Leadership Council. She is a member the "Connecting Women" networking group, and a past volunteer mentor through the Menttium organization. Her other interests include reading, aerobics, travel and cooking. http:// www .linkedin.com/in/marciaballinM 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com MIKE FROMMELT Mike Frommelt is a Principal and Co- Founder of Keystone Search. Mike has over 20 years of recruiting /search industry experience and he leads KeyStone's Manufacturing Practice and Professional Services Practice. He spent six years as Vice President of a leading Twin Cities executive search firm, and prior to that was a Senior HR Generalist with a large Twin Cities based services company. Mike has conducted numerous senior level assignments in executive /general management, operations, sales /marketing, information technology, engineering and human resources. Mike moved to the Twin Cities area over 20 years ago from eastern Iowa. He graduated from the University of St. Thomas with a B.A. in Psychology and Business Administration. Mike and his wife, Brenda, live in South Minneapolis and have three young children. Mike serves as the Chairman of the Board of Directors at Fraser, and is a frequent speaker regarding corporate culture, talent development, business ethic and core values. In his free time, Mike enjoys fishing, golfing, and spending time with his family. http:// www .Iiiikedin.com/in/mikefrommelt LARSLEAFBLAD Lars Leafblad is a Vice President with KeyStone Search. He joined KeyStone in 2007 after serving as Director of Development for the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota. He gained additional management experience as assistant director of alumni and parent relations at St. Olaf College. He began his career in a leadership development program with GE Capital and subsequently spent two years helping launch Four5l.com, a high -tech start-up. He also spent two summers in college competing in BBQ competitions across the upper Midwest as a member of the Famous Dave's of America National Touring BBQ Team. Lars earned a BA in Economics from St. Olaf College, and his MBA with a concentration in Strategic Management from the University of Minnesota's Carlson School of Management. There he was recognized with a "President's Student Leadership and Service Award" for his leadership contributions to the MBA student community. He is a member of the Citizens League, RESOLVE: The National Infertility Association. The LEAD Project and the 2008 -09 HHH Policy Fellows program and serves on the boards of CaringBridge and The Salvation Army — Twin Cities. In 2007 Lars was recognized with a "40 Under Forty" award from The Minneapolis -St. Paul Business Journal. Lars makes his home in Roseville with his wife Maren and three young children. In his free time, Lars enjoys reading, creative writing, spending time with his family, and cookin' up some mean barbeque. http://ww-\v.linkedin.com/iii/larsleafblad DIANE MESKAN Diane Meskan is Director of Administration of KeyStone Search. She has over 20 years of experience in the non- profit, manufacturing, hospitality and education sectors. Prior to joining KeyStone Search, Diane was the Office Manager and then 1- ducation / Marketing Director at Bloomington Art Center. Diane also has experience in sales at Mackay Photopak and as the President's Assistant at Mackay Envelope Company. Diane graduated from Bemidji State University with a B.S. in Business Education. She taught for five years at the high school and post - secondary levels. She left teaching to become involved as a partner in an entrepreneurial endeavor bringing a dine -in movie theater concept to the Twin Cities area. Diane lives in south Minneapolis. She has a hobby business working with stained and kiln -Fired glass. She and her partner, Dennis, enjoy gardening, biking, and spending time at her family's cabin in southern Minnesota. Diane is a past president of the Minneapolis Chapter of Executive Women International. littp: / /www.linkedin.com/in /dianemeskan BO'B SCHOENBAUM Bob Schoenbaum, Principal and C040under,of Keystone Search, has 21 years of executive search industry experience. He was previously vice president of a.leading Twin Cities executive search,firm. Bob leads both the Business Succession`Practice and Technology Practice at KeyStone. Bob has conducted senior level assignments in executive /general management, information technology, sales /marketing, finance and operations. Raised in Minneapolis, Bob attended the University of Minnesota, majoring in speech communications. He also studied documentary filmmaking at the Massachusetts Institute of Technology. Bob is on the Board of Currie State Bank and Mixed Blood Theatre. He is a World Vision child sponsor and has traveled to remote parts of Ethiopia, Uganda, Tanzania and Kenya, where he met his sponsor child and toured relief and micro - economic, development projects with The Windpump Team. Bob lives in Edina with his wife,' Angela Surprenant. Hobbies include bicycling, golf and summer weekends at the lake. Bob is also the proud parent of Nathan Surprenant. http://www.linked.com/in/bobschoenbaum REBECCA YANISCH Rebecca Yanisch is a Principal of KeyStone Search. She has over 25 years - of senior leadership experience, with the last six years focused in executive search. Rebecca leads both., the Healthcare Practice and Non - Profit Practice at KeyStone Search. Rebecca's overall experience spans both-the public and private sectors, having served as MN Commissioner of Trade and Economic Development, Executive Director of the Minneapolis Community Development Agency and owning a public finance consulting firm. Her leadership in the non- profit sector was recently recognized by her acceptance into the national Network of Nonprofit Search Consultants. Growing up in Northwestern Minnesota, Rebecca attended "college at the University of North Dakota, graduating Summa Cum Laude with a degree in Finance. She moved to Minneapolis in 1978 and received her Masters in Business Administration from the University of Minnesota Carlson School, of Management. Rebecca and her husband Steve live in Downtown Minneapolis. Their only daughter, Sara, has provided 4 beautiful grandchildren to the Yanischs. In. addition to spoiling her grandkids, Rebecca enjoys golf, gardening, biking, reading and her: many volunteer activities. She is a member of the Women's Health Leadership Trust, the :Economic Development Association of Minnesota, the Minnesota Women's Economic Roundtable I nd the International Women's Forum and tserves on the board of the .YWCA of Minneapolis. Rebecca also chairs the board of Artspace Projects-and leads the Steering Committee for ,the Minnesota Shubert Center. In 1999, Rebecca was voted one of the Most Influential Women in Business in Minnesota. http:// www .linkedin.com /in /rebeccayanisch Onboarding Coaching New leaders are rarely brought into executive suites to maintain the status quo. They must immediately begin to balance the task of adapting to a new culture and interacting as a change - agent. New leaders are successful when they build strong relationships, clarify expectations, focus on key priorities and make critical changes at the right time. In partnership with KeyStone Search, we offer three sessions with an Executive Coach during the new leader's first 90 days. We become the new leader's partner during those crucial first days in order to accelerate their ability to be productive quickly. Outline of Sessions Session 1: Planning • Understand the definition of success in new role • Identify key challenges and opportunities • Understand the key relationships and plan for preliminary meetings Attendees: New Leader, The Bailey Group Coach Session 2: Alignment • Discuss what has gone well and what needs improvement • Identify opportunities, challenges, priorities, unspoken culture concerns, etc. • Review assessment of team's strengths and challenges • Determine key areas to focus and gain agreement for action plans Attendees: New Leader, Hiring Executive, The Bailey Group Coach Session 3: Accountability • Assess first 90 days • Review progress on initial goals and challenges • Discuss appropriate course corrections • Create plans for next steps and identify support needed Attendees: Defined according to the new hire's needs ©2009 The Bailey Consulting Group fe PROUTY PROJECT Bigger Goals • Bolder Strategies • Better Collaboration On- Boarding; The Stretch to Success In today's fast paced economy, companies can't afford to hire key talent that can't hit the ground running and produce very quickly. Studies by the Harvard Business School have documented that the actions of new employees in the first 90 days on the job will largely determine their future success or failure. Condensing the time it takes to get a new executive up to speed is a winning strategy for everyone involved. We offer 2 -3 sessions with one of our senior level consultants in the first 90 days to support assimilation into the new job and accelerate the new employee's performance from the start. OUTLINE OF SESSIONS Session 1: Information Gathering & Building Relationships • Understanding the definition of success in new role. • Identifying key challenges and opportunities. • Understanding the key relationships that you will need to build in order to be effective. • Attendees: New employee, Prouty Project Coach Session 2: Calibrating with the New Boss • Review of information gathered to identify opportunities, challenges, priorities, etc. • Determine key areas to focus on for strategy and alignment. • Attendees: New employee, Hiring executive, Prouty Project Coach. Session 3: Accountability Review • Review progress on initial goals and challenges. • Discuss and coach around challenges, course corrections, etc. • Attendees: Defined according to the new hire's needs "The premise is simple. If we can grow our leadership, its the most direct way to grow the company. " NJim McNerney, CEO, Boeing • 952.942.2922 800.747.7469 www.proutyproject.com 6385 Old Shady Oak Road, Suite 260 Minneapolis, MN 55344 SITUATION ANALYSIS Gordon Hughes, manager of.the city of Edina since..1998, has. announced that he will retire from his position on July 30, 2010, after 36 years in various positions.with the City. The City Council is now faced with the opportunity and.-challenge of replacing Hughes with the best possible candidate to serve as the City's next manager. The City is contemplating the use of qualitative research to gather valuable insights from a cross- section of the community and its administration team. The information will be used to prepare a profile for the job opening, to be used by an internal search team or eiitemal resource. GOAL The City's ultimate goal for this project is to use insightful, deep input from internal and external stakeholders to define a profile for the Edina's next city manager. ' OBJECTIVES o Help reveal, define and align expectations of communities affected by the City Manager and his /her management and leadership within city administration and the community overall. Capture and use the "voice of stakeholders" to inform decisions around the hiring of the new City Manager. O Demonstrate inclusiveness and thoughtfulness in engaging affected stakeholders . in the search for a city manager that meets the needs of the community and is a cultural fit. Build the community's ownership and confidence in the process and, ultimately, the next City Manager. Capture and help bridge disparate viewpoints about the process and the position from the community. Uncover new ideas and insight from beyond the search committee'to insure greater success. in attracting a long -term, highly competent and culturally -fit individual for this important City position. C Use information to help'determine the City's own ability to recruit the next City Manager vs. its need to retain a search consultant. 0 LaBreche 2010 ZaBR'ECHE CRWD COMMUNICATIONS PROPOSAL STRATEGY Strategically plan and administer a discovery period to properly and thoroughly inform the search process for the next city manager through a series of one-on -one interviews, focus groups and forum - sharing discussions among strategically selected segments of affected and interested audiences. Deliver a report of findings that may be shared back to the community and used as a benchmark during the search, review, hiring and on- boarding process of the new city manager. KEY PARTICIPANT GROUPS • City Council members • Key City staff members and department heads • Members from important segments of Edina community OUR APPROACH Deliverable Description Estimate Initial consultation and Meeting with project leaders to discuss and define $2,030 preparation scope of project and information needs; review pertinent existing information; develop interview and study group questions in close consult with client. Recruitment and Identify and invite interview participants, invite To be conducted interview coordination .community to evening forums, coordinate meeting by internal City and venue details. staff Interviews and focus Includes one -on -one interviews with each of the 5 $4,205 groups City Council members (1 hr. each), 1 focus group with selected members of City staff and department heads (1.5 hrs.), and 2 evening discussion forums /roundtables with members of the community (1.5 hrs. each). Participation incentives for community roundtables to be determined. All interviews will be digitally recorded. Report A comprehensive report of key findings with $2,900 relevant implications and recommendations; presentation to and discussion with the client. Includes digital audio of all interview discussions. Transcriptions will be made available at additional cost $75 /recorded hour). 2 0 LaBreche 2010 CRWD COMMUNICATIONS PROPOSAL YOUR TEAM The City of Edina research project would be. managed and conducted by Beth LaBreche, principal at the firm, with assistance by LaBreche's marketing communications manager, Sara Cziok. (See attached biographies.) LABRECHE CAPABILITIES Who We Are LaBreche is a Minnesota -based brand communications company that builds, manages and protects brands of category leaders. Founded in 1990, LaBreche has evolved from a public relations- focused firm to a leading brand communications company with brand development, public relations, interactive and design services. Our portfolio spans markets on a local, national and global level. What We Do We leverage our integrated sense of purpose to develop brand communications campaigns with clear objectives, measurable marketing goals and outcomes, comprehensive strategic plans and appropriately deployed tactics. We create communications that pique interest, boost awareness, shape impressions and cause desired actions. Simply put, we work with you to understand, align and leverage as many brand assets as possible to drive bottom -line results. Brand Development • Communications research • Brand audits • Positioning • Identity development As communications channels multiply, it is increasingly difficult to capture mindshare. Your organization's message must be authentic, standing out clearly to resonate with target audiences: Our team uncovers relevant messages by talking to your key customers, suppliers and decision - makers to understand how your product'or service and your organization are viewed and valued. We look at your mission, vision and values to uncovergaps or misalignments in internal and external communication. We then define the value proposition and positioning statement, laying the foundation for a powerful strategy based on your goals and objectives. Public Relations • Media training • Media relations • Social media • Crisis communications • Key messaging • Trade show support Your organization's most valuable asset is its reputation. Whether you want to raise awareness, enhance your image, protect your good name or create brand preference, we have a team of dedicated experts ready to meet and exceed your expectations. LaBreche was built on the discipline of public relations; it is the core of our own reputation. Our integrated approach means we consider 0 LeBreche 2010 CITY OF EDINA RESEARCH PROPOSAL public relations in surround sound, connecting our efforts to your brand goals and business objectives, and tying together knowledge of, your business industry and the network you are trying to reach. Interactive • Web site and micro-site design and management • Video • Interfaces • E- marketing • Digital content A strong online presence is critical to gaining and growing market share. As the technology, tools and online behaviors constantly evolve.and change, we lead the way for clients who want to leverage interactive media through a comprehensive and collaborative approach that optimizes design, content, functionality and overall user experience. Since your Web presence is often the first point of contact people have with your organization, we make sure you are telling a compelling story online, and that once you've captured attention, we continue to manage, measure and evolve your Web strategy to drive bottom -line results. Design • Logos, marks • Brand identity systems and standards • Sales and marketing :collateral materials The visual expression of your brand must be memorable, authentic and relevant. We understand the balance between chaos and simplicity, and believe in blending form and function for visual breakthroughs. Our team creates intriguing, differentiated and impactful design that communicates powerful thoughts and feelings in an instant. Why Choose Us Today's challenges need new approaches. We work tirelessly to help you communicate the right message to the right audience. We are storytellers— passionate about taking great ideas and bringing them to life. We understand the'power and value of a well -built and authentic brand, and we leverage that understanding to collaboratively take on your communications opportunities and challenges. We work hard to find key gaps in the marketplace for your brand to own. We make sure you are leading, not following, powerful trends. For this particular assignment, so important to the future of the City of Edina, LaBreche is a strategic fit for a variety of reasons: • LaBreche has served as the leading communications resource to the City of Edina's administration and communications team, since 1993. For the first eight years, LaBreche was involved in myriad of Edina projects, many of which included qualitative information - gathering, from the marketing of City-owned assets such as Edina Liquor and Braemar Golf Facilities to the creation. ajd production of several of the City's major communications 0 LaBreche 2010 CITY OF EDINA RESEARCH PROPOSAL vehicles. Since 2001, LaBreche has.been a resource to the City primarily for issues management and crisis communications projects. LaBreche has extensive experience working with local municipalities on communications projects, many of which involved community research. Clients have included: State of Minnesota, City of Minneapolis, City of Shoreview, City of Forest Lake, City of Brooklyn Park, City of Oak Grove and related community entities, such as the Minnesota Department of Transportation and the Capitol Region Watershed District. LaBreche has experience conducting research for a variety of needs, including testing communications messages for campaigns, gleaning input on strategic direction and positioning for a major university, input on external reputation to be used in company branding exercises, research regarding new market niches and new applications of services and products, as well as,.research surrounding leadership changes and transitions. LaBreche is value - priced and its services are flexible and scalable to fit within budget parameters, and leverage the City's internal resources. 0 LaBreche 2010 KEYSTONE SEARCH Executive Search Proposal for Recruitment of the Position City Manager City of Edina, MN March 2010 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 2 of 12 KEYSTONE SEARCH PROPOSAL CONTENTS a. Letter from KeyStone Search 3 b. Executive Summary 5 c. Keystone's Understanding of the Position 5 d. Our Executive Search Process 6 e. Search Experience 8 f. KeyStone Executives Assigned to the Search 9 g. Proposed Fee Structure 11 h. Search Parameters 11 i. Search Guarantee 11 j. References 12 k. Conclusion 12 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 3 of 12 KEYSTONE SEARCH March 31, 2010 Mr. Jim Hovland Mayor of Edina 4801 W. 501h St. Edina, MN 55424 Dear Mayor and Members of the City Council, Keystone Search greatly appreciates the opportunity to present our proposal regarding our services to recruit a City Manager for the City of Edina. We understand the importance of this position to your community in continuing the customer service focus of your city government and services. We also understand that choosing a search firm for a key leadership position is a difficult task, and one not to be taken lightly. In the ensuing pages we provide more in- depth information on our services. We would like to highlight some key points that we believe make KeyStone the firm of choice for this assignment. • FOCUS ON CULTURAL FIT /FOCUS ON YOU Ten to fifteen years ago, search firms were hired based on "who they know;" in other words, for their database of names and contacts. Today the value proposition has changed. The value of a search firm now comes in how well they know the client and its culture. While KeyStone does utilize the industry- leading Encore database, our rigor around culture and values gives us a unique edge. As Nat Stoddard states in his new book The Right Leader — Selecting Executives Who Fit, "While the traditional selection process focuses almost exclusively on a candidate's abilities, it fails to account for the. substance of the candidate's character, particularly the values, beliefs and personal philosophies that drive behaviors ". We are proud at KeyStone to say that for the last seven years, we have deployed exactly this rigor with our clients. • UNUSUALLY ENGAGED This term was used recently to describe how KeyStone works with clients. We realize that hiring a City Manager is not something you do every day. We will assist, facilitate and be completely transparent in every phase of the process. We have extensive experience in working with selection committees and governance members in a way 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 4 of 12 that is "hands on" all the way through. A former client had the following to say, "In addition to delivering fabulous candidates, one of the best aspects about working with KeyStone Search is that our search committee never had to worry about the 'how', we could just focus on the 'who'. " • RESPECTFUL AND RESPECTED During the search process, we view ourselves as your ambassador in the marketplace. We talk directly with hundreds 'of' executives 'and community leaders regarding your community. Therefore, how candidates /referral sources and other leaders are treated in this process is extremely important. Our goal is to respond to candidate inquiries within 48 hour of being contacted. We believe it is a basic common courtesy to let people know where they stand as soon as possible. This is often difficult, as a recent search for an area foundation generated over 450 candidate'inquiries. Our work in communicating in a transparent, respectful manner was acknowledged last year in the following email message from a candidate that did not make the final round: "Throughout my search process I've come to learn there are people who do a good job at what you guys do - -and others that don't. 1 want you to know the level of your understanding of your client's needs, your professionalism and basic common courtesy hasn't been matched by any of your competitors in town. I'm very impressed." • TEAMWORK No other firm we know has eliminated the commission model the way KeyStone has. In fact, we have never had a commission model in our history. This may seem subtle, but it is significant to providing better customer service. No internal competition, just focusing the talents of the tear on. getting the best fit for our clients. In fact, our unique teamwork. model was cited by the Minnesota Business Award organization when KeyStone Search received the 2009 Minnesota Business Ethics Award, the first executive search firm to be nominated for this honor. Following this letter of introduction, please find more detailed information about our services. Once again, we would like to thank you for the opportunity to present our services as you explore the challenge of recruiting a new City Manager for the City of Edina. Sincerely, Rebecca Yanisch Principal Mike Frommelt Principal 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 5 of 12 EXECUTIVE SUMMARY Keystone Search is a Minneapolis -based full service executive search firm founded in 2002. We are a partnership firm with a shared ownership and management model. Our team includes five principals with over 60 years of combined executive search experience making KeyStone one of the most experienced executive search firms in the Upper Midwest. Every project is managed by two members of the firm, one serving as primary recruiter and the other as secondary. KeyStone Search has conducted over 150 executive search assignments and has invested in an industry- leading database technology, Encore, to manage over 40,000 unique executive candidate records on active file. Further, we have full -time research capabilities in -house via our talented Vice President of Research. We place a strong emphasis on, recruiting the best talent and making the best culture match between candidates and clients. The long term, high impact employees in any organization are those who possess strong skills, proven history of success and fit the culture of the organization. Our special expertise as it pertains to this project proposal is outlined below. YOUR REQUIREMENTS We understand that you wish to,hire a City Manager for the City of Edina MN. This position would report directly'to the Mayor and City Council. The City Manager is responsible for implementing policies and carrying out the business of City government. The City Manager will: - provide strategic leadership to the City - oversee service delivery -be both internally- focused and community- facing - recruit, develop and manage a professional staff -build core processes and procedures inside the City -be the primary contact to Mayor and Council This executive needs to be al` highly skilled leader of people and projects with a particular strength in the highly visible and important work of managing a City that has developed a reputation over the years for its professional and stable leadership. The City Manager must be a fit for the City of Edina's culture. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 6 of 12 OUR EXECUTIVE SEARCH PROCESS Our executive search process contains many attributes that are unique in the search industry. They include: • Exceptional rigor and focus on finding the right candidates with the most sophisticated skills and related backgrounds. • A set of related tools to understand each client's culture and to assure the right candidates who fit with that culture. • The industry- leading Encore database with the richest information about the highest number of local and regional executives. • Provision of an on- boarding coach to all newly placed executives to provide expert guidance on making immediate impact. The following graphic and information describes our search process in more detail: Engagement Er *Salary Negotiation * Offer * On Boarding KeyStone Search will meet with the search committee members, other elected officials, City Employees and additional external stakeholders identified by the City to gain a thorough understanding of the scope, responsibilities and skills required for the position. Further, KeyStone will identify and compile descriptors about the organization's culture; a 'vital element to assuring a successful fit. We will develop an official position description for the role, identifying and weighing the key criteria set forth. We will also develop a key criteria matrix to be used for ranking potential candidates for the position. KeyStone Search will gather information (either in- person or via our Culture Blueprint Assessment) about the unique organizational culture at the City of Edina. We will weave that cultural understanding into our search process, assuring that we are viewing all candidates in a holistic way- both in fit to the job specifications as well as the ability to fit and further the organization's culture. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Culture Fi En a emen _10 utreach ecision We are a full service * About KeyStone * Research executive search firm * Client Interviews • Focus on culture *Candidate Contact with a';unique emphasis *Selection • Experience * KeyStone Interviews on corporate culture * References * About You - Skills / Experience • Culture Blueprint - Culture Blueprint • Organization profile *Candidate Presentation • Position Profile Engagement Er *Salary Negotiation * Offer * On Boarding KeyStone Search will meet with the search committee members, other elected officials, City Employees and additional external stakeholders identified by the City to gain a thorough understanding of the scope, responsibilities and skills required for the position. Further, KeyStone will identify and compile descriptors about the organization's culture; a 'vital element to assuring a successful fit. We will develop an official position description for the role, identifying and weighing the key criteria set forth. We will also develop a key criteria matrix to be used for ranking potential candidates for the position. KeyStone Search will gather information (either in- person or via our Culture Blueprint Assessment) about the unique organizational culture at the City of Edina. We will weave that cultural understanding into our search process, assuring that we are viewing all candidates in a holistic way- both in fit to the job specifications as well as the ability to fit and further the organization's culture. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 7 of 12 Outreach KeyStone Search will conduct thorough research to determine any and all regional communities that employ potential candidates for the open position. From this research we will create a list of recruiting targets. Our research produces a list of potential candidates within these organizations, normally around 100 to 200 individuals. KeyStone Search will contact potential candidates for the position, describe the opportunity, and sell the attributes of the City of Edina. At this time we will also gain valuable information about the background, skills, salary expectations, motivation level and personal values of interested candidates. Interested candidates who appear qualified will be asked to complete a detailed Candidate Blueprint assessment to gather more detailed information about their Skills, Leadership Style, and Core Values. We will interview no less than 12 -14 semi - finalist candidates for the position. Information regarding recruitment and interviewing activities will be compiled and provided to you on a weekly basis. When initial recruiting activity is complete, KeyStone Search will set up a follow up meeting with the search committee to discuss progress and to present a slate of five to seven qualified candidates. All candidates presented will have already been interviewed by KeyStone. The search committee then determines which semi - finalist candidates they would like to bring in for first round interviews. Decision KeyStone Search is highly involved through the client interviewing process including providing interview questions: ' requested; and participating in client interviews. KeyStone also consults with the search committee regarding selection of semi - finalists and a final candidate. When !the final candidate is chosen, KeyStone will provide in- depth reference checking and arrange for a complete background check. Since it is very difficult to protect candidate confidentiality during the reference process, we only make the calls when our clients are reviewing one or two final candidates. Hire KeyStone will ask the final candidate(s) to complete a detailed compensation form, in order to provide the City of Edina with a very detailed picture of the individual's prior compensation structure. . We assist in negotiating the final salary for the chosen candidate, keeping in mind the goals of both parties, helping to create a fair and equitable offer. 105 Fifth Avenue South, Suite 512 - Minneapolis, MN 55401 - 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 8 of 12 The final step in the hiring process is an on- boarding service provided as part of our search process. In today's fast paced economy, organizations can't afford to hire key talent that can't hit the ground ,running and produce very quickly. Studies by the Harvard Business School have documented that the actions of new employees in the first 90 days on the job will largely.. determine their future success or failure. Condensing the time it takes to get a new executive up to speed is a winning strategy for everyone involved. On- boarding is the specific coaching directed at the success of newly hired executives. At no additional charge, KeyStone provides each placed executive with an executive consultant from one of two highly regarded leadership consulting firms, The Bailey Group or Prouty Project. During the first 90 days of hire, a consultant works to support assimilation into the new job and accelerate the new employee's performance from the start. Topics discussed in on- boarding include the following: • Understanding the definition of success in new role. • Identifying key challenges and opportunities. • Understanding the key relationships that you will need to build in order to be effective. • Review of information gathered to identify opportunities, challenges, priorities, etc. • Determine key areas to focus on for strategy and alignment. • Review progress on initfal,'goals and challenges. • Discuss and coach around challenges, course corrections, etc. SEARCH EXPERIENCE The Principals of KeyStone have completed hundreds of multiple, high profile search assignments. The following is a list of successful searches we believe relate well to the parameters of your project. We are glad to provide a full list of all clients /projects at your request. Director, Minneapolis Department of Civil Rights, (current) President, Saint Paul Port Authority Chief Executive Officer, Amherst Wilder Foundation (current) Chief Executive Officer, Bethesda Hospital Chief Executive Officer, Woodwinds Hospital Chief Executive Officer, Maple Grove Hospital Chief Executive Officer, Opportunity Partners Chief Executive Officer, Racine /Kenosha Community Action Agency Executive Director, Bethany Hgmes; Executive Director, Community,. Action Partnership- Ramsey/Washington Counties Executive Director, George Farm,ly' f=oundation Executive Director, The Link 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 9 of 12 Executive Director, Resources for Child Caring Executive Director, womenwinning (MN Women's Campaign Fund) President, Council on Crime and Justice President, Foundation for Minneapolis Parks President, Growth & Justice President, Northwest Minnesota Foundation President, Minnesota Planetarium and Space Discovery Center President, St. Paul Area Chamber of Commerce (current) For the completed searches; in each instance the search was delivered on time with unanimous consent of the Search Committee and full Board of Directors. All the leaders are currently fully engaged in their new organizations. Of the 17 completed searches, three candidates were the first leaders of color to be welcomed as CEO, President or Executive Director in their new organization. - EXECUTIVES ASSIGNED TO THIS SEARCH For this project, Rebecca Yanisch would act as the lead recruiter with Mike Frommelt as secondary recruiter. Rebecca and Mike's strong background and experience in the non - profit community make them our top choice to manage this important engagement. Lars Leafblad would also assist on the project, as he too possesses strong connections in the non - profit sector. REBECCA YANISCH Rebecca Yanisch is a Principal of KeyStone Search. She has over 25 years of senior leadership experience, with the last seven years focused in executive search. Rebecca leads both the Healthcare Practice and Non - Profit Practice at KeyStone Search. Rebecca's overall experience, spans both the public and private sectors, having served as MN Commissioner of Trade and' Economic Development, Executive Director of the Minneapolis Community Development Agency and owning a public finance consulting firm. Her leadership in the non - profit sector was recently recognized by her acceptance into the national Network of Nonprofit Search Consultants. Growing up in Northwestern Minnesota, Rebecca attended college at the University of North Dakota, graduating Summa Cum Laude with a degree in Finance. She moved to Minneapolis in 1978 and received her Masters in Business Administration from the University of Minnesota Carlson School of Management. Rebecca and her husband Steve live in Downtown Minneapolis. Their only daughter, Sara, has provided 4 beautiful grandchildren to the Yanischs. In addition to spoiling her grandkids, Rebecca enjoys golf, gardening, biking, reading and her many volunteer activities. She is a member of the Women's Health Leadership Trust, the Economic Development Association of Minnesota, the Minnesota Women's Economic Roundtable and the International Women's Forum and serves on the board of the YWCA of 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • vwwv.keystonesearch.com Proposal for City of Edina Page 10 of 12 Minneapolis. Rebecca also. chairs :the board of Artspace Projects and leads the Steering Committee for the Minnesota Shubert Center. In 1999, Rebecca was voted one of the Most Influential Women in Business; in Minnesota. MIKE FROMMELT Mike Frommelt is a Principal and Co- Founder of Keystone Search. Mike has over 20 years of recruiting /search industry experience and he leads KeyStone's Manufacturing Practice and Professional Services Practice. He spent six years as Vice President of a leading Twin Cities executive search firm, and prior to that was a Senior HR Generalist with a large Twin Cities based services company. Mike has conducted numerous senior level assignments in executive /general management, operations, sales /marketing, information technology, engineering and human resources. Mike moved to the Twin Cities area over 20 years ago from eastern Iowa. He graduated from the University of St. Thomas with a B.A. in Psychology and Business Administration. Mike and his wife, Brenda, live in South Minneapolis and have three young children. Mike serves as the Chairman of the Board of Directors at Fraser, and is a frequent speaker regarding corporate culture, talent development, business ethic and core values. In his free time, Mike enjoys, ,fishing, golfing, and spending time with his family. LARS LEAFBLAD Lars Leafblad is a Principal with KeyStone Search. He joined KeyStone in 2007 after serving as Director of Development for the Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota. He gained additional management experience as assistant director of alumni and parent relations at St. Olaf College. He began his career in a leadership development program with GE Capital and subsequently spent two years helping launch Four51.com, a high -tech start-up. He also spent two summers in college competing in BBQ :competitions across the upper Midwest as a member of the Famous Dave's of America National Touring BBQ'Team. Lars earned a BA in Economics from St. Olaf College, and his MBA with a concentration in Strategic Management from the University of Minnesota's Carlson School of Management. There he was recognized with a "President's Student Leadership and Service Award" for his leadership contributions to the MBA student community. He is a member of the Citizens League, RESOLVE.: The National Infertility Association, The LEAD Project and was a 2008 -09 HHH Policy Fellow. Lars serves on the boards of CaringBridge and The Salvation:Army — Twin Cities. In 2007 Lars was recognized with a "40 Under Forty" award 'from" The: ' Minneapolis-St. Paul Business Journal. Lars makes his home in Roseville with his. wife Maren and three young children. In his free time, Lars enjoys reading, creative writing, spending time with his family, and cookin' up some mean barbeque. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 11 of 12 PROPOSED FEE STRUCTURE Keystone Search works on a per - project, professional retainer basis. The standard retainer fee for executive search is one -third of the first year's projected total salary. This would include any sign -on bonus (not including relocation expenses), and short- term bonus, if guaranteed. If the search is cancelled prior to completion, the initial retainer plus a pro -rata amount based on progress in the search will be considered earned by our firm. Billing for this project is performance based and will be done in three increments: • Our first invoice is sent immediately upon commencement of the project • Our second invoice is sent when the list of finalist candidates is presented • Our third and final invoice is sent when the position has been filled. KeyStone Search does not bill incidental expenses associated with research, sourcing, and interviewing potential candidates. (Note that these expenses often add an additional 10 -15% to the fees of other recruitment firms). KeyStone Search will, however, invoice City of Edina for pre- approved search - related travel expenses if any national candidates are considered for the assignment. SEARCH PARAMETERS The average time to complete an executive level search at KeyStone Search is between 90 toll days. KeyStone Search has a 100% success record for completing searches within the designated client time frames throughout our history. We understand the importance of this position and we will as diligently as possible to.bring the project to a timely conclusion. If candidates approach City of, Edina directly, we ask that their materials be forwarded immediately to KeyStone Search,,,, If there are internal candidates from City of Edina, we welcome their participation in .the., recruitment process. All referred candidates or internal candidates would be incorporated into the standard KeyStone Search candidate pool and provided with an equal and equitable opportunity to have their candidacy thoroughly assessed and vetted against the complete candidate pool. SEARCH GUARANTEE We offer a two -year guarantee, the highest in the executive search industry. If any candidate placed by our firm leaves a client's employ within two years, KeyStone Search will complete a replacement search at no fee. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com Proposal for City of Edina Page 12 of 12 REFERENCES We are pleased to provide to you a list of relevant clients .and candidates who can speak to the quality of our search efforts. We ask that you let us know before you call any of these individuals so that they can be prepared for your call. Clients Joan Grzywinski, Chair, Search Committee . St. Paul Port Authority Phone: (651) 777 -7337 Email: ioanaarzvwinski(@comcast.net Jan Wiessner Parker Board Chair, Search Committee Member Community Action Partnership of Ramsey & Washington Counties CEO Search Ramsey County Commissioner Phone: (651) 266 -8356 Email: ian.oarker5— co.ramsev.mn.us Anne Sand Chair, Search Committee Northwest Minnesota Foundation President Search Phone: (651) 587 -5753 Email: iasand1976CcDa mail. com Placed candidates Hon. Pamela J. Alexander President, Council on Crime and Justice Phone: (612) 353 -3000 Email: alexanderDO- crimeandiustice.orq Louis Jambois President, St. Paul Port Authority Phone: (651) 224 -5686 Email: l jf(cD-SPPA.com CONCLUSION On behalf of all of us at Keystone Search, thank you for considering our services. It would be our pleasure to assist you in the recruitment of a City Manager for your community. 105 Fifth Avenue South, Suite 512 • Minneapolis, MN 55401 • 612.375.8900 • www.keystonesearch.com DEAN KOVACK & ASSOCIATES March 21, 201.0 Gordon Hughes City of Edina 4801 W 50th St. Edina, MN 55424 Dear Gordon: My name is Dean Kovack and I am President of Dean Kovack & Assoc. Inc. My focus is senior level executive search within city, county and municipalities. With a background that encompasses over Twenty years in the recruiting - industry, most of it focused at the senior management level, I bring a unique perspective to the process of serving my clients. Organizations engage my services for the express purpose of locating, recruiting, evaluating, and delivering mission critical employees. Our rigorous and systematic search methodology is individually tailored to meet the unique requirements of each client. It is through this approach that we consistently deliver results that meet or exceed expectations. Within the next week to ten days, I will be contacting you. The primary purpose for this contact is to provide us an opportunity to briefly.exchange information so we may jointly determine whether or not the specialized services we provide can be of value to your organization, either now or at some point in the future. Meanwhile, if you have questions or if we can be of immediate assistance, please contact me at office 952.927.4474 or email me dka @visi.com. Sincerely, Dean " Ernie" Kovack 4eyer selected new Light Plant manager http://www.glencoenews.conVi-nain.asp?Search=I&Artic]eU)=2441 I &SectionlD=18&S &bSe... Priority 1 Metrowekst Realty,=" Man _ ,� ,� And y ; csi 806 10th Street East, Stu to 101 - Glencoe * 321)- �1�� -��37 a,.f, Other Places The McLeod Count+ An � lki FA Glenn -oe. Minnesota 37.0 -864 -5518 Sunday, March 21, 2010 Onli_ ne SU Glencoe Map Event Calendar What's for Supper? Lawn & Garden • Local Advertising Place an Ad People page Editorials Brownton /Stewart Obituaries Photo + Classifieds Public Notices News Email this article • Print this article Meyer selected new Light Plant manager By Rich Glennie Meeting in special session Feb. 16, the Glencoe Light and Power Commission whittled its field of candidates to one to fill the vacant plant manager position. On Monday, the commission introduced its selection, David Meyer of Halstad. Meyer officially begins work March 15. Meyer replaces Collin Engebretson, who retired as plant manager at the end of December, after 17 years on the job. In the interim, officer manager Sandy Boesche and light plant distribution supervisor Dale Rach shared Engebretsorfs duties. The commissioners met Feb. 16 to discuss the three finalists, all of whom were unnamed, and eliminated one right away. Go Advanced Search Glencoe Lester Prairie Stewart Corporate Office Downtown Glencoe Plato Brownton New Auburn a - � E& 14V TROPHIES 3/21/2010 9:27 AM 4eyer selected new Light Plant manager 7 of 'I http : / /www.glencoenews.com/main.asp ?Search= l &ArticleID=24411 &SectionID= 18 &S&Se... Business Directory Special Sections Everett Bratsch, a commissioner member, said there were "two great candidates" among the final three. About Us He favored Meyer. Email Updates — - - -- Commissioner Peter Arnold also liked Meyer, particularly his "attitude and willingness to move into town right away. If it works out, he'll be here for awhile." While John Schrupp, City Council liaison to the Light & Power Commission, favored the other candidate Archives because of a quick transition, and he had worked with the Glencoe staff in the past, he said both were Area Newspapers good candidates. Home The vote for Meyer was unanimous. Meyer, who attended Monday's commission meeting, will start with a salary of $95,000 plus benefits. Meyer was one of 150 candidates looked at by the search firm of Dean Kovack and Associates of Edina. A utilities superintendent at Halstad, Meyer also has been a firefighter and is currnetly Halstad's fire chief. A graduate of Wadena Technical Institute, worked in Bagley for two years and for four more as a lineman in Mountain Lake. He also has served as a director of the Northern Minnesota Power Association. He and his wife, Tammy, have three childen and indeicated he is looking forward to moving to Glencoe. Article Comment Submission Form Please feel free to submit your comments. Article comments are not posted immediately to the Web site. Each submission must be approved by the Web site editor, who may edit content for appropriateness. There may be a delay of 24 -48 hours for any submission while the web site editor reviews and approves it. Note: All information on this form is required. Your telephone number is for our use only, and will not be attached to your comment. Name: Telephone: E -mail: a 7. . NAiRPEL BROS. INC. y Fran (in Priinting Inc. QUALITY P? riTlriG 6 CF ICL IUP LIC's 3/21/2010 9:27 AM DEAN KOVACK & ASSOCIATES f,i'i'C'l /7' e Scein"11 C.C)11salkim's CLIENT INTERVIEW In this initial phase we lay the foundation for the entire search process. Interviews will be conducted with those executives'who have direct. interest in the position to be filled and4ho will ultimately participate on the interviewing team. From these interviews we develop and refine a, thorough understanding of the position including nature, scope, responsibilities, accountabilities and interface relationships,' Together, we then develop a profile of the qualified candidate in terms of experience, education and behavioral dimensions. In the event client executive.opinions differ considerably, we may employ one of the several different techniques, such as Job Analysis, to help bring into. clearer focus our understanding of the position and the = selection criteria that must be present in order to .properly evaluate qualified candidates. We also acquire a complete summary of the client company history, future prospects, environment, corporate. culture; operational policies, compensation, benefit programs and role the company plays in the- local community. This information will be utilized to properly position the client's organization and opportunity in the eyes of the qualified candidate. CONFIRMATION The. assignment details are then summarized in writing and submitted to our client for final'reviewand .confirmation. Only after this, step can. we proceed with a mutual understanding of, and commitment to the search objectives, adapted process and realistic timetable. 4 1 hovt:8i' F:Oa.d 6 },i'1 :1C!;i,,.A iIIIncSoIii 554 '"2'92"`.4474 9 `52 9 Z • DEAN KOVACK & ASSOCIATES Page One RESEARCH Each assignment is approached as a unique opportunity in order to insure an objective perspective. Our goal is to identify desired prospects in their current environment and bring them to the attention of our client. Consequently, we do not restrict our efforts to easily identified readily accessible. candidates. Using a direct approach, we search through prospective industries, locations and candidates while keeping focused on any particular interest or sensitivities unique to our client. We make use of an extensive cross - referenced network of industry contacts who provide us with targeted referrals to supplement our established database and the work of our professional research staff. Once initiated, this process is designed to yield several potentially qualified candidates that can then be measured on a comparative basis as well as against the established selection criteria. INITIAL CONTACT Establishing dialog with targeted candidates is clearly the most critical and usually the most delicate aspect of the search process. Most of the individuals we . approach have outstanding credentials and abilities. With no compelling reason to seek a new situation, the may be understandably reluctant to jeopardize their present position by pursuing other options. In most cases, we are able to surmount this reluctance by ensuring total confidentially thereby eliminating the threat of job security. We carefully probe to determine exactly what factors would motivate a targeted candidate to make a move. By knowledgeably addressing such issues as compensation, benefits, scope of function and responsibility, path of advancement, quality of life, and the individual's comparative marketability, we can broaden his or her perspective. Frequently, the information we provide creates a desire to examine new alternatives. Our informed, professional approach and expert recruiting skills often prove to be the primary factors influencing an employed candidate to actively pursue a client's opportunity. Page Two 4 i _21 RQYCil i' iLDat:► 0 :t7.ln�, ll'II!i 111'•5[�t. ii �S J�:. ? @ (x ;12. 9_`7.41 DEAN KOVACK & ASSOCIATES Fvect"1.16 -C -- seal- h C.'[)t1,4d1ft JI11.V EVALUATION Each qualified candidate is then thoroughly screened by telephone, personally interviewed, and reference checked. Specific information is gathered and confirmed regarding their education, experience and requisite behavioral dimensions. References typically include several managers who are in a position to evaluate current and /or past job performance. These references, combined with the information previously collected, together with staff evaluations, provide fair, objective candidate appraisals. Psychological assessment is also available as an option to our client at actual cost. PRESENTATION Once our appraisals are complete, we present to our client for their consideration, the most qualified candidates. Prepared profiles for each of these finalists will be provided. The profiles include complete background data, observations by our staff and reference information. We then coordinate, and in some instances, participate in the interviewing process between our client and the finalists. Page Three };'11.Jria, Mi1111t'7Dlfl 3 -1�., q. r;:,Z.1)''. 4 4 1 9 }`tlY ;)i2.s' ,0 7 DEAN KOVACK & ASSOCIATES Execalive11C'!I CililSCi.1lII;%S SELECTION Serving in an objective third party capacity, we assist our client with their selection. Upon selection, we finalize a comprehensive reference report and compile all responses in a composite form which clearly outlines and rates all relevant factors of past performance and potential to achieve. These final reference stops are extremely important in ensuring that the candidate selected is both qualified and suited to the position and to the client's organization. Because of our unique positioning in this process we can assist our client with the formulation of the offer. Then, acting as our client's representative, we coordinate the issuing of the offer, the candidate acceptance and the verification of all terms, conditions and timetables related to the employment agreement. TRANSITION The period of time between acceptance of the employment offer and the candidate's actual start date is critical. Together with our client, we develop and implement a transition from their present environment to that of our client's organization. Page Four 1� 7 Hit OZ �:�a.ii 0 }_(I -.-1.; A'rinn�: ota ;� ,•: . 4 �ta2.`J :'7,SE4 1 4 Piro , <111.- +i i Proposal To City of Edina By Dean Kovack President Dean Kovack & Associates For Executive Search Services To recruit a City Administrator April 05, 2010 MANAGEMENT SUMMARY Dean Kovack & Associates We are a retained executive search firm with reach serving healthcare, research and non - profit organizations, including public administration, municipality's energy and utilities. We specialize in identifying, evaluating and attracting leaders in all business and technical functions for senior executive positions and for boards of directors. RECENT SUCCESSFUL SEARCHES Director of Operations, Glencoe Light and Power - David Meyer - finalist It is important to note that the specifications for each of these searches called for candidates with some or all of the following attributes and skills: • Leadership • Management /Administration • Planning • Spokesperson • Big Picture • Detail • Technical and /or industry understanding • Critical thinking process And, above all, the ability to accomplish objectives is also a necessary attribute. These are all requirements — to a greater or lesser degree — for the successful candidate for City Administrator for Edina. At Dean Kovack and Associates Inc., we have successfully demonstrated the ability to identify and recruit people with these qualifications for a wide range of clients and are confident we could meet your requirements to find such candidates for this position. TECHNICAL SUMMARY Our Approach The Dean Kovack & Associates approach is client- centered process, objective, thorough and confidential. As a retained firm, Dean Kovack & Associates accepts only assignments for which it is the sole recruiter. To maintain a high level of partnership and communication with the client throughout the search and to assure timely success, Dean Kovack & Associates professionals follow a sequence of logical steps as each search assignment progresses: 1) Understanding the Assignment — At an initial meeting, the client's business, organizational structure, business objectives, current needs and the responsibilities of the position being recruited are thoroughly and clearly detailed. 2) Developing the Profile and Sourcing Strategy — After establishing the position's specific requirements, a complete profile of the ideal candidate is produced, including the requisite professional experience, managerial skills, education and personal characteristics. A strategy to identify all potential sources of qualified individuals also is agreed upon with the client. 3) Initializing the Search — Supported by the Dean Kovack & Associates research staff utilizing a continually updated, proprietary database of executives and technical specialists in the focus industries, the search is initiated. The database serves as merely on stepping-off point for the search effort. Personal contacts, basic research into target organizations, etc. are all used to ensure a comprehensive thorough search. Using all available sources a preliminary list of prospects, and sources is identified and prioritized. If desired, potential candidates nominated by the client are included at this stage. 4) Screening and Presentation — Dean Kovack & Associates identify, contact, screen, qualify and interview prospective candidates. Telephone interviews (typically lasting 45- 60 minutes) are conducted with potential candidates. After confirming the candidate's academic credentials, resumes and notes summarizing we meet every candidate in person with their spouses deemed to merit further consideration are presented to the client. After agreeing upon the priority candidates, face -to -face interviews (typically lasting 2 -3 hours) are conducted by the consultant. Written reports, including resumes and detailed appraisals of fully qualified finalist candidates — "the slate" — are prepared and presented to the client. After consultation, client interviews are arranged with the finalists. The consultant is available to meet with the client throughout the search, but particularly can meet with the client to discuss the finalists and can attend the interview meetings, if desired. 5) Timing —the final slate detailing information on the finalist candidates is typically presented within 45 -60 days of the initiation of the search. Typical search runs 90 -100 days 6) Selection and Follow -Up —After the client makes the selection and an offer is prepared, detailed reference checks are conducted by Dean Kovack & Associates. 7) Negotiation of the compensation package —Typically the consultant also serves as the intermediary between the successful candidate and the client to work out the compensation package and other factors to ensure the search's successful conclusion. Dean Kovack & Associates Mission and Values Values • We adhere to the highest ethical standards. • Every client and prospective candidate is treated fairly, with respect, dignity and discretion. • We foster a supportive environment in which colleagues have the opportunity to grow personally and professionally. Dean Kovack & Associates Governing Principles In striving for excellence and to assure clients of the value and integrity of our services, Dean Kovack & Associates: • Accepts only those assignments within the firm's scope of competence. • Acts in full compliance with all state and federal laws and regulations, such as the Equal Employment Opportunity and Americans with Disabilities Acts. • Establishes written understanding of the objectives, scope and specifications of the services to be provided prior to accepting the assignment. • Holds in strictest confidence all information concerning the business affairs of clients and all others with whom we interact during the course of an assignment. • Will neither recruit nor did cause to be recruit any person from a client organization for a period of two years after initiation of the most recent assignment. • Will disclose to the client any and all limitations affecting the scope of the assignment arising through service to other clients. Lastly, a critical part of our service offering in the Dean Kovack & Associates Guarantee — If for any reason the selected candidate leaves his or her position within twelve months of the date of hiring, Dean Kovack & Associates will conduct a new search for out -of- pocket expenses only. The firm has been required to perform on this guarantee only 2 times in 80 searches. (1 due to death.) SPECIAL RESOURCES, SKILL, ETC. Research Capabilities • An experienced research staff • Networked with over 300 recruiters in North America • We do not pull from a database of candidates; every search starts with a clean slate. PROFESSIONAL AFFILIATION • Admitted in 1998 to the International Retained Search Associates (IRSA) Executive Search Consultants. The (IRSA) is the premier organization recognizing outstanding executive search firms. Members must pass a stringent professional standards review process. • Member of numerous domestic and international professional, scientific and trade associations related to our practice areas. Experienced Consultants who actually conduct the search Dean Kovack & Associates consultants are all experienced executives with either many years of conducting searches, or many years as leaders in the kinds of organizations that are the firm's clients. One of the major advantages and strengths of our firm is that each of our consultants actually conducts the search personally from start to finish. For example, if Dean Kovack & Associates were selected, Dean Kovack, assisted by a member of our research team would make all of the telephone contacts with sources and candidates and he would do all the in- depth telephone and person -to- person interviewing. This is the area where we differentiate ourselves from our competitors, where associates who are frequently quite inexperienced do the majority of the candidate development work. PROPOSED SCHEDULE Typically the position description and final engagement letter can be finalized within several days of the meeting between the consultant and the client and the search can then be initiated. It is our objective to provide a "slate" of fully interviewed finalist candidates approximately 45 — 60 days later. At that, point control of timing largely moves to the client. Assuming reasonable availability of candidates and interviewers the search should be concluded within 90 —100 days of the initiation of the assignment. (i.e.: the successful candidate will begin work in that time frame, assuming there are no unusual issues surrounding his /her leaving the current position.) If selected, Mr. Kovack can be available to meet with the search committee or their designee(s) at a time and place of their choosing. CLIENT REFERENCES: Everett Bratsch - Commissioner Glencoe Light and Power Cell - 612.940.9027 David Meyer - General Manager Glencoe Light and Power Cell - 320.510.0293 Bob Turner PhD. Director Human Resources (Tetra Pak International) Sweden 813.891.7122 Mark Paulson C.E.O. Chippewa County- Montevideo Hospital and Medical Clinic 320.269.6435 TERMS A copy of our Executive Search Policy is attached. Dean Kovack & Associates' standard professional fee for service is a flat fee based on the mid- point of the salary range. Receipt of the first installment and a signed engagement letter initiate the search as per signed contract. Out -of- pocket expenses incurred in conducting the search are in addition and invoiced separately at cost with no mark up. Typically these expenses include communications costs (phone, FedEx, etc.) and travel and other costs associated with the candidate interviews. Any travel that would require significant out —of- pocket spending will only be undertaken with the client's prior approval. , EXECUTIVE SEARCH POLICY 1) The search will be conducted by Dean Kovack & Associates exclusively. 2) Our professional fee is a flat fee. Invoices are due and payable upon receipt. Late fees and expenses will incur an interest charge of 1.5% monthly compounded monthly. 3) Out -of- pocket expenses are billed monthly at cost. Typically these include communications, travel and other necessary expenses related to the specific search assignment. 4) Fees and expenses are not contingent upon placement of an executive with the client organization. The term of the executive search shall not exceed six (6) months, beginning on the date of the confirmation of the assignment. If the executive search has not been concluded by the end of that term, the client and Dean Kovack & Associates mutually will reassess the status of the search assignment. 5) Either party may cancel the search at any time. The initial installment is the minimum retainer and will not be prorated. In the unlikely event of cancellation, the client will be obligated for fees and expenses to the date of termination from the most recent professional fee billing. In such event, the daily rate will be determined by dividing the total fee by 100. Retainers are not transferable from one search to another in the event of cancellation. 6) In the event the client hires an' ny candidate who has been presented by Dean Kovack & Associates for another position in the organization, this will be considered a new assignment and a fee of 30% of the first year's estimated cash compensation will be due. 7) The search will be conducted in compliance with all applicable laws, regulations and guidelines. If the client is unable to comply, Dean Kovack & Associates has the right to cancel the search and collect the fee and expenses due. 8) Upon completion of the search;. Dean Kovack & Associates will have the right to publicize the fact that the firm successfully completed the assignment. Such publicity may be included in the course of Dean Kovack & Associates regular promotional programs and may be displayed on its web site. 9) Dean Kovack & Associates will not attempt to recruit any candidates from the client organization. 10) If the successful candidate leaves the organization for any reason within one year of the date of employment, Dean Kovack & Associates will conduct the search again for out -of- pocket expenses only. EDINA COMMUNITY CHANNEL 16 PRODUCTION SCHEDULE APRIL 1 -17, 2010 Following is the schedule for April 1— /7. 2010 City of Edina productions. If you are assigned to a production, it is your responsibility to cover the assignment or find a substitute. If you need help finding a substitute, please contact the Cable Coordinator as soon as possible. Productions /events marked with an asterisk ( *) are tentative and will be confirmed at a later date. Scott Denfeld 763 - 370 -7113 Aaron Klein Steve Christiansen 952- 393 -2286 Michael Moutrie Nathalie Gage 612 -578 -9169 Brian Smith Jennifer Bennerotte 952- 833 -9520 Marty Doll . 1 p.m. Monday, April 5 Jennifer Bennerotte Voiceover Training Scott Denfeld Northwest Community Television — Brooklyn Park Aaron Klein Brian Smith Kaylin Martin 6:30 a.m. Tuesday, April 6* Aaron Klein Rotary Club of Edina Edina Country Club 7 p.m. Tuesday, April 6 Scott Denfeld City Council Michael Moutrie Edina City Hall Jennifer Bennerotte — Dais 7 p.m. Thursday, April 8 Brian Smith Public Works Site Process Kick -off (shoot B -roll) Edina City Hall 7 p.m. Monday, April 12 Scott Denfeld Developers' Roundtable Aaron Klein Council Chambers 7 p.m. Tuesday, April 13 Michael Moutrie Park Board Steve Christiansen Edina City Hall Kaylin Martin - Dais 651 -331 -8221 651- 270 -6786 814 -590 -7543 612- 363 -3564 6 a.m. Wednesday, April 14 Nathalie Gage — Producer In Edina Scott Denfeld — Director of Photography Edina High School* Aaron Klein — Sound Technician Steve Christiansen — Production Assistant Marty Doll — Production Assistant Kaylin Martin — Production Assistant 8 a.m. Wednesday, April 14 Michael Moutrie Focus Group Brian Smith Council Chambers I p.m. Wednesday, April 14 ALL STAFI; Production Staff Meeting City Hall I 1 a.m. Thursday, April 15 Aaron Klein Rotary Club of Edina Edina Country Club 7 p.m. Thursday, April 15 Transportation Commission Edina City Hall Friday, April 16 Agenda: Edina Package Rough Cuts Due Aaron Klein Brian Smith Kaylin Martin - Dais Scott Denfeld Marty Doll Kaylin Martin Brian Smith DEAN KOVACK & ASSOCIATES Executive Search Consultants SUMMARY OF AGREEMENT Client: City of Edina Position: City Administrator Retainer: $ 20000 Second payment due after interviews are conducted: $ 9000 Final payment due ten (10) days after employment offer is accepted: Total Search Fee: $ 38000 This represents a flat fee for this position. Guarantee Period: 12 months $ 9000 The second and final payments are performance based. Note: Per Paragraph 6 below, payment as per this schedule is required in order to validate your Guarantee Period. 1. This search is exclusive. For you, "exclusive" means you will not give this assignment to another search firm, or hire through any source other than Dean Kovack & Associates during the exclusive period. Should you hire a candidate from another source during the exclusive period, Dean Kovack & Associates will still be entitled to its total search fee. Once you have signed this agreement, that period begins as soon as you instruct us to begin the search. if we both agree to continue to work on the assignment beyond the exclusive period, a new exclusive period of the same length will begin again. We can repeat this process as often as you require. 2. We will advance costs and expenses on your behalf. We may incur costs in the course of this search for things such as travel to interview candidates, candidate travel, food and lodging, long- distance telephone calls, video conferencing, psychological testing, or reference checks that check beyond the normal work related questioning. We will send you an itemized list of these expenses on a monthly basis, which are payable upon receipt. Costs will be in addition to the search fee. 3. You give us your full cooperation. This includes making your principals and other personnel available for telephone conferences or candidate interviews when scheduled. This also includes providing information on everything you expect a successful candidate to have in the way of experience and qualifications, along with a full job description, including pay and benefits, completely and accurately enough to complete the search by the date we have targeted as the successful candidate's first day of work. 4. We guarantee our performance. We guarantee that any candidate you hire under the terms of this agreement will not leave voluntarily or be discharged due to misconduct or good cause (misconduct or unsatisfactory performance determined according to reasonable standards) during the guarantee period. However, our guarantee does not apply if the termination is a result of a layoff for economic reasons, elimination of the position, a substantial change in the job description or reporting structure, a change in your ownership, or any other reason beyond our or the candidate's control. If the candidate does voluntarily leave or is discharged for good cause during the guarantee period, we will repeat the entire search process over at no charge and will not bill you for any additional costs or expenses. This is your exclusive remedy under our guarantee. You will not be entitled to any refund of fees or costs, and Dean Kovack & Associates shall not be liable for any compensatory or other damages resulting from the employment of the candidate. 5. You guarantee your performance. If you do not honor the exclusiveness of this search, or do not give us full cooperation in filling your position, or cancel the search before the exclusive period is over, without making a hiring decision, we will consider any payments made to be payment in full for our services. Should you change the position, responsibilities, or job description, a new agreement must be signed and an additional retainer must be paid. If you hire a candidate as of a result of our referral, within one (1) year of the date upon which we advised you of the candidate's availability, for any position with your company or with any subsidiary, affiliate or related company, you are obligated to pay Dean Kovack & Associates the total search fee as stated above. 6. Important: You need to keep your guarantees active. Our guarantees to you will remain active for as long as you abide by this Agreement. All that is required is to pay the, final payment of the search fee as agreed to in the above schedule and your final expense bill, and tell us within five (5) working days of the candidate's last day of work if they are terminated. To confirm your acceptance of the terms and conditions of this agreement, please acknowledge below. For Client Company: Client Authority For Dean Kovack & Associates: Date Dean Kovack, President Date 4821 Rovcar Road 0 Ldina, Minnesota 55.135 ♦ 952.927.4474 • Fax 952.927.0377