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HomeMy WebLinkAbout2010-06-01_COUNCIL MEETINGCypress Equities Centennial Lakes Project • 5/4/2007 Final Development Plan Approved. by City. Council - Included fine dinning (upscale white tablecloth) restaurants) - Development Plan requires compliance with 16 conditions Condition 15 - "No amplification. is allowed for outdoor Restaurants. • March, 201.0 Cypress Pinstripes Proposal - Sports Bar Bistro featuring Bowling, Bocce. - Outdoor Patio Dining /Fire 'pits, ``beautiful music" (amplified) Closing Hours (Northbrook &, ,.South Barrington, IL sites): Sunday- Thursday 1 1:00 PM Friday - Saturday 1:2:00 Midnight - Requested Revision of Liquor Ordinance to permit Bowling. Issues - Pinstripes is a sports bar, not a fine dining restaurant. - Amplified outdoor music not permitted by Development Plan. - Adverse Impact on 96 Coventry town homes, 19 units with bedrooms facing North Pond. -Noise, Outdoor activities Indoor Activities Parking Ramp from arriving /departing patrons CEO Dale Schwarz's 4/12/10 letter to-Council is not comforting: " ... in no case would Pinstripes be open later than 11:00 pm on Sunday- Thursday, and 12:30 am on Friday and Saturday." - Health Smoke /fumes from fire pits Patio Smoking Both driven east by prevailing westerly winds - Coventry Market Values Pinstripes,-,Public Hearing - Page 1 - 6/1/2010 3:06 PM • Conclusion = Pinstripes :proponents are, understandably, acting, in their own enlightened self - interest. However, Cypress Equities advocacy flies in the face of commitments made to the City of Edina Io secure the Council's June 5, 2007 approval of the Cypress Final Development Plan. - The proposed Ordinance Revision does not protect Coventry residents' right _to peace-,and tranquility. The Ordinance Revision, without additional restrictions, threatens the economic interests of Coventry residents. • Recommendation - Reject the Proposed Ordinance Revision. - Alternatively, table proposal pending the addition to the Ordinance of restrictions protecting the interests of nearby residents. John Bohan 800 Coventry Place Edina, MN 55435 952 - 921 -0338 Pinstipes Public Hearing - Page 2 - 6/1/2010 3:06 PM k -z� ,-� / �e ".3 May 26, 2010 To: Edina City Council Subject: Pinstripes Bowling on Centennial Lakes We are residents of Village Homes of Centennial Lakes and we strongly recommend that the Edina City Council reject the Pinstripes' proposal to locate on the park at Centennial Lakes. Our condominium, located on the corner of Parklawn and Edinborough Way, will be directly affected by the noise generated by the outside activities and the serving of alcohol across the lake from our homes. Will Pinstripes be held accountable to the disturbing the peace ordinance? We have chosen to live here partly because of the gracious, healthful benefits of the beautiful Centennial Lakes Park. Our Association is assessed $45,000 a year to help the city of Edina maintain this amenity for the benefit of all Edina' residents. We do not believe the city should amend its ordinances and thereby alter the atmosphere of the park. Don't turn the park into the back alley for a bowling alley! J% / May 26, 2010 To: Edina City Council Subject: Pinstripes Bowling on Centennial Lakes We are residents of Village Homes of Centennial Lakes and we strongly recommend that the Edina City Council reject the Pinstripes' proposal to locate on the park at Centennial Lakes. Our condominium, located on the corner of Parklawn and Edinborough Way, will be directly affected by the noise generated by the outside activities and the serving of alcohol across the lake from our homes. Will Pinstripes be held accountable to the disturbing the peace ordinance? We have chosen to live here partly because of the gracious, healthful benefits of the beautiful Centennial Lakes Park. Our Association is assessed $45,000 a year to help the city of Edina maintain this amenity for the benefit of all Edina residents. We do not believe the city should amend its ordinances and thereby alter the atmosphere of the park. Don't turn the park into the back alley for a bowling alley! Sincerely, El 1 11�., " 7S 0 May 26, 2010 To:. Edina City Council Subject: Pinstripes Bowling on Centennial Lakes We are residents of Village Homes of Centennial Lakes and we strongly recommend that the, Edina City Council reject the Pinstripes' proposal to locate on the: park at Centennial Lakes. Our condominium, located on the corner of Parklawn and Edinborough Way, will be directly affected by the noise generated by the outside activities and the serving of alcohol across the lake from our homes. Will Pinstripes be held accountable to the disturbing the peace ordinance? We have chosen to live here partly because of the gracious, healthful benefits of the beautiful Centennial Lakes Park. Our Association is assessed $45,0.00 a year to help the city of Edina maintain this amenity for the benefit of all Edina residents. We do not believe the city should amend its ordinances and thereby alter the atmosphere of the park. Don't turn the park into the back alley for a bowling alley! S3o7 -7zlv �p c,le �—Z-- LN Petition to an Ordinance (No 2010- ) Amending the Edina City Code Concerning Liquor Action petitioned for No On -Sale Intoxicating Liquor License shall be granted to any establishment that has bowling lane or bocce courts except to a restaurant and subject to the following: A. Not more than 50% of the gross floor area of the licensed premises shall compromise bowling lanes or bocce courts. For purposes hereof, each bowling lane shall deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located in doors or on covered decks, balconies or patios enclosed by solid walls or closeable windows. All exterior windows and door adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. D. The licensed premises shall not include lawn bowling areas or games which are played outdoors. Signature Printed-Name /L! , 1 / �ffi �� 000ii N RAN N EN 14 Ilea ,�.. =- - � mm� �� a, NO r7l/ov�' K "20- FJ/1 v• R-Al RP ,, -.1 �� • try ,.... _ .� _ ON I WN-11 No On -Sale Intoxicating Liquor License shall be grated to any establishment that has bowling or bocce courts except to a restaurant and subject to the following: Action petitioned for A. Not more than 50% of the gross floor area of the licensed premises shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located indoors or on covered decks, balconies or patios enclosed by solid walls or closeable windows. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. D. The licensed premises shall not include lawn bowling areas or other games which are played outdoors. Signature Printed Name Address Comments Date I i cue rre+' S. 4� Y6M i� �a ,naQ d tkts 6USl vte� 5 /ash,© n Le Y o e�. �u-a,; 55,4 t k� Q!/T 401AIA-,2M) //17 ed fyyR_ I ice 'rI S- �E,�rf DES i�l EDIN �S ✓�iV7� L,4 g GvG �avla /.Vv-'C fa Sew , c �S ia1n oc ��yn.� iue4 � 6. 31 � �;,� 3o/a 3� a f Gt I L� Q Action petitioned for No On -Sale Intoxicating Liquor License shall be grated to any establishment that has bowling or bocce courts except to a restaurant and subject to the following: A. Not more than 50% of the gross floor area of the licensed premises shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located indoors or on covered decks, balconies or patios enclosed by solid walls or closeable windows. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. D. The licensed premises shall not include lawn bowling areas or other games which are played outdoors. Slg ature Printed Name Address Comments Date S� V;&E5 0 11AW �ej r-vl A Q L om Q 1 CAyr h yL Coin ra of 75 ao LE: 410 �l �o wiG JZg a,�r-cC AU&, s sly, J� 0 E, r13 D Action petitioned for No On -Sale Intoxicating Liquor License shall be grated to any establishment that has bowling or bocce courts except to a restaurant and subject to the following: A. Not more than 50% of the gross floor area of the licensed premises shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located indoors or on covered decks, balconies or patios enclosed by solid walls or closeable windows. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. ID. The licensed premises shall not include lawn bowling areas or other games which are played outdoors. Signature Printed Name Address Comments Date i slrl/� UP.rtr 7�G 1.t7 We � d2-r c June 1, 2010 City Council Meeting RE: Building site on France Avenue and Centennial Lakes and Park Mayor and Council Members, My name is Diane Anselmo-Lacy, my husband Jack Lacy and I live at 7400 Edinborough Way, a building located directly on the park line across the lake from the commercial side of Centennial Lakes and Park, a unique and beautiful setting. I have stood before the council several times in opposition to the various and inappropriate projects that have been proposed for this special one of a kind site for commercial. use. From the beginning, with the threat of a 22 story high -rise to the current overbuilt commercial space that the Cypress Equities group developed, the residents who live in the area around the lake have had to fight for every square inch of latitude in order to protect our residential community. Once again we are back here at city hall to protest the entry of Pinstripes at the Cypress location, not because it is an unsuitable venue, it is simply unsuitable for the area that the city claims as a special and unique space, a public park and lake with a residentiaUcommercial site unlike any other. I will not review this evening the pros and cons of having Pinstripes or another entertainment establishment present on that particular piece of property. This has already been done before with the Dave and Busters proposal, but I would like to add that while we are aware that it is the tax revenue that is the driving force to fill the space and change is inevitable, I think once again, those who make the decisions do not have to live with the consequences which can be many and on going for years to come. The area in which we live is for mixed use not just for the commercial value that brings in the big bucks for the entire community of Edina. The change in value of our residential properties must also be considered in the decision making process. I ask that you take all that has been offered here tonight before you make your final decision which will have a lasting impact on the entire residential area around the lake. As an aside, there appears to be several areas in the "commercial" zone that might be more suitable for an entertainment establishment like Pinstripes. The old Mervin's space at Southdale, and the abandoned Wicks property are just two that come to mind that would give the city what they need and companies like Pinstripes and Dave & Busters the proper location for their type of business. There is no need to spoil the Centennial Lakes and Park area with a venue that does not fit Thank you for your time this evening. Edina Zoning Ordinance Work Plan - Process Tracker Last Updated: May 7, 2010 Topic Date Introduced Preliminary Draft Recommendation Final Draft Recommendation Aligning Ordinances with Comprehensive Plan Building Heights 2/24/2010 In Discussion Organization of the Ordinances Structure Navigation Maintenance Development Review Process Sketch Plan Review (Discussed with PUD) 03/10/2010 In Discussion Traffic Review - Planning Commission role vs. Transportation Commission role in the Development Review Process 11/24/2009 11/24/2009 In Discussion Variance Review - Planning Commission role vs. Zoning Board of Appeals role in the Development Review Process 11/24/2009 Holding for PUD Discussion Project Review - Role of the Energy & Environment Commission 11/24/2009 1 1724/2009 12/9/2009 Project Review - Role ofthe Heritage Preservation Board 11/24/2009 11/24/2009 12/9/2009 Public Hearings - Duplication, Public input 11/24/2009 11/24/2009 12/9/2009 Small Area Planning 1/27/201 In Discussion List of Conditions Required by the City 12/9/2010 12/9/2009 1/13/2010 Content Changes Planned Unit Development (PUD) 1/13/2010 In Discussion Sustainable Design 1/13/2010 In Discussion Driveway Width 11/24/2009 11/24/2009 12/9/2009 Tree Preservation 2/10/2010 In Discussion ** Lighting/Noise Landscape Requirements Impervious Surface Wetland Setbacks 2/10/2010 In Discussion ** Parking regulations /Proof of Parking Pedestrian Connectivity CUP standards Sign plan/sign ordinance Front Street Setback 1/27/2010 1/27/2010 2/24/2010 Text amendments Maximum/minimum size for apartments Group homes Non - conforming uses 60 -120 day rule - All applications including HPB (HPB time limit on approval) Outdoor Fireplaces Side yard setbacks /attached garage setbacks Single -stall garages Home placement regulation Wind turbines Drive - through windows Subdivision rules I ** In review by the Energy and Environment Commission �i- AGENDA EDINA HOUSING AND REDEVELOPMENT EDINA CITY COUNCIL.:. June 1', 2010 7:00 P.M. ROLLCALL AUTHORITY 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 May '18, 2010 II. ADJOURNMENT EDINA CITY COUNCIL I. APPROVAL OF MINUTES - Regular Meeting of May .18, 2010 and Work Session f May 18, 2010 II. PUBLIC HEARINGS During 'Public Hearings, " the Mayor will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the ..efficient conduct of a public hearing, speakers must observe the following guidelines: • Individuals must limit their testimony to three minute_ s. The Mayor may modify times, as deemed necessary. • Try not to repeat remarks or, points of view made by prior speakers and limit testimony to the matter under consideration. • In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other fonn of .verbal or nonverbal communication is not allowed. A. PUBLIC HEARING — ORDINANCE NO. 2010 -13 — An Ordinance Amending Edina City Code Concerning Intoxicating Liquor Licenses (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.) Agenda/Edina City Council June 1, 2010 Page 2 III. AWARD OF BID /CHANGE ORDERS * A. 2010 Parking Lot S Pathway Improvement— PK 10 -2PK * B. About Town Paper Purchase * C. Wood Chipper — Edina Park Maintenance Department * D. Renewal Of Microsoft License Agreement IV. REPORTS /RECOMMENDATIONS (Favorable vote of majority of Council Members present to approve except where noted) A. Edina Country Club Golf Course Project Update B. Second Reading — Ordinance No. 2010 -12 = An Ordinance Amending Edina City Code Concerning Domestic Partners (First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollca/l vote of three Council Members to pass. Waiver of Second Reading: Affirmative ro/lca/l vote of four Council Members to pass.) C. Resolution No. 2010 -43 Accepting Various Donations (Favorable ro/lca/l vote of four Council Members to approve) D. Art Center Board Appointment E. Student Board and Commission Appointment Process F. New Wine License TJ's of Edina, 7100 Amundson Avenue * G. Resolution No. 2010 -36 Lot Division, 5500 & 5504 Halifax Lane * H. Resolution No. 2010 -44 Revise Posted Speed Limit On West 66th Street From TH- 100 to Valley View Road * I. Open House Dates — Nine Mile Creek Trail V. COMMUNITY COMMENT A. Bill Westerdahl 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. VI. FINANCE * A. CONFIRMATION OF PAYMENT OF CLAIMS As per Pre -List dated May 20, 2010, TOTAL $859,180.14; and Pre -List dated May 27, 2010, TOTAL $1,737,383.70. 1 a, Tues Tues Tues Tues Tues Sat Mon Tues Tues Tues Tues Mon Tues Tues Tues Tues Tues Mon Tues Tues Tues Tues Tues Agenda/Edina City Council June 1, 2010 Page 3 VII. CORRESPONDENCE AND PETITIONS A. Correspondence VIII. MAYOR AND COUNCIL COMMENTS IX. MANAGER'S COMMENTS X. 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 Jun 1 Work Session — Jnt Mtng with Pn. Comm — Ord Amd. 4:30 P.M. Jun 1 Regular Meeting 7:00 P.M. Jun 15 Work Session —.Budget Forecast 5:00 P.M. Jun 15 Regular Meeting 7:00 P.M. Jun 22 Study Session — City Manager Hiring - PDI 11:30 A.M. Jul 3 INDEPENDENCE DAY PARADE 10:00 A.M. Jul 5 INDEPENDENCE DAY HOLIDAY OBSERVED — City Hall Closed Jul 6 Work Session — Jnt Mtng with EEC 5:00 P.M. Jul 6 Regular Meeting 7:00 P.M. Jul 20 Regular Meeting 7:00 P.M. Jul 27 Study Session — to be determined 7:00 A.M. Aug 2 Regular Meeting 7:00 P.M. Aug 3 Filing Opens — Edina City Council Affidavits of Candidacy Aug 10 PRIMARY ELECTION DAY — POLLS OPEN 7:00 A.M. UNTIL 8:00 P.M. Aug 17 Regular Meeting 7:00 P.M. Aug 17 Filing Closes — Edina City Council Affidavits of Candidacy Aug 24 Study Session — to be determined 11:30 A.M. Sep 6 LABOR DAY HOLIDAY OBSERVED — City Hall Closed Sep 7 Regular Meeting 7:00 P.M. Sep 21 Regular Meeting 7:00 P.M. Sep 28 Study Session — to be determined 7:00 A.M. Oct 5 Regular Meeting 7:00 P.M. Oct 19 Regular Meeting 7:00 P.M. COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM BEGINS AT CITY HALL COMMUNITY ROOM COUNCIL CHAMBERS COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS CITY CLERKS OFFICE COUNCIL CHAMBERS CITY CLERKS OFFICE COMMUNITY ROOM COUNCIL CHAMBERS COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS COUNCIL CHAMBERS MINUTES OF THE .EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY"HALL MAY 18, 2010 7:04 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 Brindle for approval of the Edina Housing and Redevelopment Authority Consent Agenda as presented. Rollcall: Ayes` Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF MAY 18, 2010, APPROVED Motion made by Commissioner Bennett and seconded by Commissioner Brindle approving the Minutes of the Regular Meeting of the Edina Housing and Redevelopment Authority for May 18, 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, Gordon Hughes, Executive Director E MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 18, 2010 7:06 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 Brindle approving the Council Consent Agenda. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. PRESERVATION MONTH PROCLAIMED Mayor Hovland read a proclamation declaring May, 2010, to be "Old is the New Green" preservation month in the City of Edina. Member Brindle moved, seconded by Member Swenson, approving a proclamation declaring May 2010 as Preservation Month. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Associate Planner Repya displayed the Preservation Month poster featuring the Browndale Bridge. 2010 HERITAGE AWARD PRESENTED Ms. Repya announced the 2010 Heritage Award was being presented to Peter and Sandy Cochrane of 4611 Arden Avenue. She reviewed before -and- after renovation pictures of their historic American colonial home and advised that the plans had been approved by the Edina Heritage Preservation Board since this home was located in the historic Country Club district, listed on the national register of historic places, and part of the Edina Heritage Landmark District. Peter Cochrane, award recipient, stated the award was an unexpected recognition. Mr. Cochrane stated he and his wife had been pleased to collaborate with Kuhl Design Build. He added they were very pleased with the outcome of their renovation. Mayor Hovland presented the 2010 Heritage Award to Peter and Sandy Cochrane and congratulated them on this accomplishment. EMERGENCY MEDICAL SERVICES WEEK PROCLAIMED Mayor Hovland read a proclamation declaring May 16 -22, 2010, to be "Emergency Medical Services Week" in the City of Edina. Member Bennett moved, seconded by Member Brindle, approving a proclamation declaring Emergency Medical Services Week in the City of Edina. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried: Fire Chief Scheerer accepted the proclamation, thanked the Council for its support, and introduced Medical Director Jeffrey Ho. Dr. Ho, ADD, thanked the Council for recognizing those who work with emergency medical services. *MINUTES APPROVED — REGULAR MEETING OF MAY 4. 2010, AND WORK SESSION OF MAY 4, 2010 Motion made by Member Bennett and seconded by Member Brindle approving the minutes of the Regular Meeting of May 4, 2010, and Work Session of May 4, 2010. Motion carried on rollcall vote — five ayes. Page 1 Minutes /Edina City Council /May 18, 2010 PUBLIC HEARING HELD — ORDINANCE NO. 2010 -12 GRANTED FIRST READING — AMENDING EDINA CITY CODE CONCERNING DOMESTIC PARTNERS Affidavits of Notice presented and ordered placed on file. Jessica Kingston, 5801 Brookview Avenue, Vice Chair of the Human Rights & Relations Commissioner, introduced Commissioners in attendance and presented the domestic partnership ordinance that would allow domestic partners registration rights and the same rights in public venues as married couples, and to provide City employees with family leave domestic partner benefits. Ms. Kingston stated the Edina Human Rights & Relations Commission (HRRC) unanimously recommended adoption of the ordinance. The Council discussed the ordinance and asked questions of City Attorney Knutson regarding its wording related to the definition of a "domestic partnership" to assure it extended to both same and opposite sex partners. Arnold Bigbee, HRRC Chair, stated their goal was to be fair and equitable to all and deferred to the recommendation of the City Attorney. Mayor Hovland opened the public hearing at 7:34 p.m. Public Testimony No one appeared to testify. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Member Bennett made a motion to grant First Reading of Ordinance No. 2010 -12, amending Edina City Code concerning domestic partners. Member Swenson seconded the motion. The Council asked questions of staff and Mr. Bigbee about what the registration program accomplished. It was indicated that homestead designation, family memberships to City facilities, and sick/bereavement leaves were available regardless of registration as domestic partners. The Council discussed that registration would allow people who were not traditional families the ability to gain access to visit their partner, should they be hospitalized, access to school records, and could serve as evidence of partnership in other instances. to identify the hcncfir.i.,r„ ete. Mr. Bigbee stated the ordinance and registration program would provide documentation to make it possible for people who were not traditional families to avail themselves of those benefits. Mr. Knutson stated the registration program would provide credibility but not confer legal rights. Manager Hughes indicated if first reading was granted, staff would provide a recommendation on the fees prior to second reading. The Council discussed the 45 -day cancellation clause and acknowledged that the City would assume the affidavit, if signed, met the eight definitions constituting a domestic partnership. Mr. Bigbee noted that legalized marriage of same sex partners was not allowed in the State of Minnesota and the registration program would validate the relationship as a declaration of their commitment to each other and presence in this community as a family. The Council agreed the ordinance would amplify, in printed form, the human rights expected for all residents of Edina who live in a State where marriage was not recognized between consenting adults of the same sex. The Council requested staff make typographical revisions, refine the language defining domestic partners to assure inclusiveness, and consistently reference that it pertained to two adult partners prior to second reading. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Page 2 Minutes /Edina City Council /May 18, 2010 PUBLIC HEARING HELD — RESOLUTION NO. 2010 -42 ADOPTED — EMPLOYEE HANDBOOK AMENDED Affidavits of Notice presented and ordered placed on file. Mayor Hovland opened the public hearing at 7:55 p.m. Public Testimony No one appeared to testify. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2010 -42, adopting amendment to employee handbook. Member Bennett seconded the motion. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. *AWARD OF BID — 2010 FIBER INSTALLATION PHASE ONE, IT -10 -01 Motion made by Member Bennett and seconded by Member Brindle awarding the bid for 2010 fiber -optic installation, Phase I, to the recommended low bidder, Michels Corporation at $35,042.50. Motion carried on rollcall vote — five ayes. *AWARD OF BID — FINAL LANDSCAPING FOR NEW EDINA PUBLIC WORKS BUILDING Motion made by Member Bennett and seconded by Member Brindle awarding the bid for final landscaping for new Edina Public Works building to the recommended low bidder, Applied Ecological Services, Inc. at $32,991.55. Motion carried on rollcall vote — five ayes. *AWARD OF BID — 2010 MILL AND OVERLAY — WEST 69TH STREET Motion made by Member Bennett and seconded by Member Brindle awarding the bid for 2010 mill and overlay, W. 69th Street: France to York to the recommended low bidder, Bituminous Roadways, Inc. at $85,395.00. Motion carried on rollcall vote — five ayes. *CHANGE ORDER FIRE PROTECTION FOR NEW EDINA PUBLIC WORKS BUILDING Motion made by Member Bennett and seconded by Member Brindle approving change order fire protection for the Edina Public Works building at 7450 Metro Boulevard to Summit Fire Protection Company. Motion carried on rollcall vote — five ayes. *AWARD OF BID — FIRE DEPARTMENT TYPE III AMBULANCE Motion made by Member Bennett and seconded by Member Brindle awarding the bid for Fire Department Type III Ambulance to the recommended low bidder, Premier Specialty Vehicles at $138,327.00. Motion carried on rollcall vote — five ayes. ON -SALE WINE AND 3.2 BEER LICENSES APPROVED — RICE PAPER RESTAURANT Mr. Hughes presented the request of Rice Paper Asian Fusion Restaurant, LLC, dba, Rice Paper Restaurant, 3948 West 50th Street, for a new on -sale wine and 3.2 beer liquor license. It was noted that all submittals had been made and staff recommended issuance of the license. Member Brindle made a motion, seconded by Member Bennett, approving new on -sale wine and on- sale 3.2 beer licenses to Rice Paper Asian Fusion Restaurant, LLC, dba as Rice Paper Restaurant, for the period beginning May 18, 2010, and ending March 31,2011. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. Page 3 Minutes /Edina City Council /May 18, 2010 k Steven Mark Andersen, Rice Paper Asian Fusion Restaurant, stated this was their fourth restaurant and described menu choices offering fresh organic vegetables and presentation of high - quality Asian entrees. RESOLUTION NO. 2010 -40 ADOPTED — REVENUE FUND CREATED AND DONATION ACCEPTED ON BEHALF OF THE CITY FOR BRAEMAR MEMORIAL FUND Park and Recreation Director Keprios presented staff's recommendation to accept, with sincere appreciation, the donation from the estate of Ruth R. Dahl in the amount of $312,561.64 to the Braemar Memorial Fund. It was noted this was the largest cash donation made to the City. Finance Director Wallin answered the Council's questions about how memorial funds were accounted for in past audit reports as a liability. He advised the resolution would formally establish a special revenue fund for the specific purpose of enhancing the golf course, and contemplates input by the Braemar Golf Association, Braemar Men's Club, and Braemar Women's Club related to expenditures. The Council agFeed with emphasized the need to assure transparency and accountability. Mr. Knutson advised that the ordinance language regarding expenditures to require input from the Braemar Golf entities was included at the request of the Dahls. He clarified the intent of the fund was to enhance the golf course, and the Council would make the final decision after that input. Mr. Hughes noted the golf course may receive a donation specified to pay off bonds or to balance operational deficits. Following discussion, Council consensus was reached that all donations to the Braemar Golf Course would be deposited into the Memorial Fund with the exception of a donation directed towards paying down bond repayment or operational deficits. Member Housh introduced and moved adoption of Resolution No. 2010 -40, creating a revenue fund and accepting donation on behalf of the City of Edina. Member Bennett seconded the motion. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. John Valliere, Braemar Golf Course Manager, described Ruth and Wally Dahl's enjoyment for the game of golf and long involvement with the Braemar Golf Course. He stated the Dahls had no children, but they would like to schedule a special recognition of the Dahl's nephew and niece. Mayor Hovland extended the City's deepest appreciation to the family of Ruth and Wally Dahl for this generous donation. RESOLUTION NO. 2010 -41 ADOPTED ACCEPTING VARIOUS DONATIONS Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Swenson introduced and moved adoption of Resolution No. 2010 -41 accepting various donations. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. ART CENTER BOARD APPOINTMENT DISCUSSED The Council noted it had already interviewed two applicants for the Art Center Board with other applicants for 2010 appointments and agreed that the third application would be held for future interview when there was a vacancy and the applicant would be invited to re -apply in 2011 if no other vacancies arose in 2010. The Council asked staff to circulate the names of the two applicants which Council would rank and consider at the June 1, 2010, Council meeting. Page 4 a Minutes /Edina City Council /May 18, 2010 *RESOLUTION NO. 2010 -36 CONTINUED — LOT DIVISION, 5500 AND 5504 HALIFAX LANE Motion made by Member Bennett and seconded by Member Brindle to continue consideration of Resolution No. 2010 -36, lot division, 5500 and 5504 Halifax Lane, to the June 1, 2010, Council meeting. Motion carried on rollcall vote — five ayes. TRAFFIC SAFETY REPORT OF MAY 5, 2010 CONFIRMED Engineer /Public Works Director Houle presented the resident request for a stop sign on West 58th Street at Chowen Avenue, making it an all -way stop intersection. He reviewed the standards of the traffic policy for stop signs and advised why this intersection would not meet standards warrants. Mr. Houle cautioned that installing a stop sign where it was not warranted could result in additional accidents. Due to lack of warrants at West 58th Street and Chowen Avenue, staff recommended denial of the request for stop signs. The Council discussed the request and cautionary signage or stop sign configurations to better control traffic and create pedestrian safety. Mr. Houle noted this was an MSA street with design criteria to keep traffic moving. Traffic Safety Coordinator Tate stated the current signage in this area was installed prior to 1957, presumably when this neighborhood was built. Henry Parkhurst, 5733 Chowen Avenue, addressed the Council in support of the request. Dan Dauth, 5720 Chowen Avenue, addressed the Council in support of the request. The Council advised residents they could petition the City to request sidewalks on 58th Avenue. Mr. Houle advised of the France Avenue restriping project and pedestrian sidewalk route as proposed in the comprehensive plan. David Strandberg, 3708 West 57th Street, addressed the Council in support of the request. Ben Dworsky, 5932 Chowen Avenue, addressed the Council in support of the request. The Council asked questions of Mr. Houle regarding the difference in warrant standards between the City's traffic policy and the State's traffic policy. Mr. Houle explained the State had changed its policy and those changes had not been incorporated into the City's policy. Should the Council decide its policy needed to be updated, he recommended it be delayed for a period of one year since the Federal policy had just been updated and would be followed by another State policy update. Council consensus was reached that it needed to assure the traffic study contained accurate data consistent with the State's policy to factor traffic from all directions, neighborhood demographics, and park locations into the warrant standards. While the Council indicated it did not support ordering a full traffic study, support was expressed to direct staff to determine whether regulatory and cautionary signage of this neighborhood was adequate since it had been in place since at least 1957. Mr. Houle presented the resident request for a stop sign at Brittney Road and Dunberry Lane for Brittney Road traffic and traffic policy considerations. Due to lack of warrants, staff recommended denial of the request for a stop sign at Brittney Road where it turns into Dunberry Lane. Juan Avila, 4812 Dunberry Lane, addressed the Council in support of the request. J.B. Overstreet, 4813 Dunberry Lane, addressed the Council in support of the request. Dan Holland, 4817 Dunberry Lane, addressed the Council in support of the request. Mr. Tate used a map to identify the location where warrants were taken and indicated he had conducted the study in 2008 and determined the 85th percentile speed was 24.7 mph. The Page 5 Minutes /Edina City Council /May 18, 2010 Council discussed options for cautionary signage such as "Curve Ahead" with a lower posted speed limit. Mr. Houle explained that staff could determine the appropriate speed to safely maneuver the curve and post an advisory sign. It was noted that posting an advisory sign would not address the concern of distracted drivers and that the drivers in this area were likely residents of the neighborhood. The Council discussed the timing when this corner was modified and that it had not been identified as problematic during the 2006 road reconstruction project. It was determined that reconfiguring this intersection was not feasible due to the lack of funding. The Council and staff reviewed advanced warning strategies, and consensus was reached to direct staff to install several reflectorized chevron sign posts at the end of the intersection. The residents indicated support for the installation of cautionary signage and sign posts, regardless of aesthetics. Member Swenson made a motion, seconded by Member Bennett, confirming the Traffic Safety Report of May 5, 2010 moving Item B3 to C which contained items to be acted on a later date, and upholding the denial of Item B5 with the installation of additional warning signs. Ayes: Bennett, Brindle, Housh, Swenson, Hovland Motion carried. COMMUNITY COMMENT No one appeared to comment. *CONFIRMATION OF CLAIMS PAID Motion made by Member Bennett and seconded by Member Brindle approving payment of the following claims as shown in detail on the Check Register dated May 6, 2010, and consisting of 31 pages: General Fund $116,689.47; Communications Fund $554.73; Police Special Revenue $3,321.70; Working Capital Fund $1,512,222.78; Art Center Fund $26,213.16; Golf Dome Fund $2,743.15; Aquatic Center Fund $10,272.02; Golf Course Fund $11,439.04; Ice Arena Fund $532.72; Edinborough /Centennial Lakes Fund $25,807.26; Liquor Fund $109,216.09; Utility Fund $25,691.47; Storm Sewer Fund $488.75; PSTF Agency Fund $5,861.74; TOTAL $1,851,054.08 and for approval of payment of claims dated May 13, 2010, and consisting of 34 pages: General Fund $104,437.96; CDBG Fund $11,643.00; Communications Fund $480.00; Police Special Revenue $1,464.00; General Debt Service Fund $425.00; Working Capital Fund $282,983.94; Art Center Fund $4,579.35; Aquatic Center Fund $1,516.49; Golf Course Fund $47,667.52; Ice Arena Fund $15,965.91; Edinborough /Centennial Lakes Fund $8,167.41; Liquor Fund $298,715.37; Utility Fund $395,859.76; Storm Sewer Fund $969.95; PSTF Agency Fund $7,700.08; TOTAL $1,182,575.74; and, Credit Card Transactions dated March 26 — April 26, 2010; TOTAL $8,515.33. Motion carried on rollcall vote — five ayes. UPCOMING MEETING SCHEDULE DISCUSSED — The Council discussed upcoming meetings and consensus was reached to schedule the following: Edina Country Club presentation on June 1, 2010; budget forecast on June 15, 2010; and Green Step and EEC discussion on July 6, 2010. Council consensus was also reached to authorize staff to provide utility companies with the draft franchise fee ordinance and schedule public hearings. GRANDVIEW DISTRICT — SMALL AREA STUDY DISCUSSED — Mr. Hughes explained that the comprehensive plan required that a development proposal including a rezoning or amendment to the comprehensive plan would require a small area plan prior to any planning application. The authority to initiate a small area plan rested with the Council. Mr. Hughes identified what would be included in such a plan. If the community -led Grandview District study was accepted by the Council as a small area plan, it would also be adopted into the comprehensive plan by reference and submitted to the Metropolitan Council for review. If the Grandview District study was not accepted as such, it would remain an advisory document. Page 6 Minutes /Edina City Council /May 18, 2010 , The Council discussed the community -led Grandview District Study and agreed it contained a great schematic and concepts, but they would like additional details including definitive land.-uses: height requirements, and process. Mr.. Hughes stated the City's. budget did `not contain any funding to hire, a consultant. He suggested`,that a final report be written on the Grandview District for the Council's review. The Council agreed that the Grandview District Study was an asset and the City would' need to take the.lead and be the advocate. There being no furt I h I e.rr business on the Council, Agenda, Mayor Hovland declared the meeting adjourned at 10:07 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, June 1,2010. James B. Hovland, Mayor Video Copy of the May 18, 2010, meeting available. MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 18, 2010 5:00 P.M. ROLLCALL Answering rollcall were Members Bennett, Brindle, Housh, Swenson and Mayor Hovland. Staff present included: Gordon Hughes, City Manager; Heather Worthington, Assistant City Manager, Ceil Smith, Assistant to the City Manager; Cary Teague, City Planner; Wayne Houle, City Engineer /Public Works Director; Jennifer Bennerotte, Communications & Marketing Director; and Debra Mangen, City Clerk. Community Advisory Team Members present included: Kim Montgomery, resident; Steve Buss, resident; Gene Persha, resident; Andy Brown, resident; Lary Chestler, resident; Greg Domke, resident; Bob Shadduck, business owner; Nancy Grazzini - Olson, property owner; Chris Rofidal, Heritage Preservation Board; Michael Platteter, Energy & Environment Commission, jGsh SpFague, TraA6P9Ftati9R COMM066MOR and Kevin Staunton, Planning Commission. Design Team Members present were: Michael Schroeder, Landscape Architect, Team Leader; Michael Fischer, Architect; and Peter Sussman, Architect. Also present were: Bob Gubrud, Beth Dutcher, Jack Broze, and John and Janet Bohan, Kevin Staunton, Michael Schroeder and Michael Fischer presented the results the teams achieved from the six three weeks the teams worked on the community -based planning process for areas near the Edina Public Works site. The gentlemen covered various aspects of the process which was founded in interaction with the community, led by representatives of the community, with design direction provided by volunteer planning and design professionals who live in Edina. Using visuals they explained the following seven guiding principles adopted by the group at the end of the small area guide process: 1. Leverage publicly -owned parcels and civic presence to create a vibrant and connected district that serves as a catalyst for high quality, integrated public and private development. 2. Enhance the District's economic viability as a neighborhood center with regional connections, recognizing that meeting the needs of both businesses and residents will make the district a good place to do business. 3. Turn perceived barriers into opportunities. Consider layering development over supporting infrastructure and taking advantage of the natural topography of the area. 4. Design for the present and the future by pursuing logical increments of change using key parcels as stepping stones to a more vibrant, walkable, functional, attractive, and life- filled place. 5. Organize parking as an effective resource for the district by linking community parking to public and private destinations while also providing parking that is convenient for businesses and customers. 6. Improve movement within and access to the district for people of all ages by facilitating multiple modes of transportation, and preserve future transit opportunities provided by the rail corridor. Page 1 Minutes /Edina City Council /May 18, 2010 7. Create an identity and unique sense of place that incorporates natural spaces into a high quality and sustainable development reflecting Edina's innovative development heritage. The gentleman also displayed the concept arrived upon by the CAT and Design Team. Following the presentation there was a discussion among the Council, and participants of the community -based planning teams. Items noted included: concern that public ownership be preserved, kudos to the community -based planning process, residents were enthusiastic about participating in a community -led process,, ability to replicate the process in the future, refining the outcomes of the process, ability to include redevelopment of the school bus garage property, logical next step, name of the area, presentation to Council for acceptance during a regular meeting, and costs and funding sources involved in moving further into the project, request that Council endorse the process, and formidable time commitment from staff over the six week time - frame. . It was noted the Public Works Department was expected to move into its new facility and vacate the Eden Avenue property in July. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 6:40 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, June 1, 2010. James B. Hovland, Mayor Video Copy of the May 18, 2010, meeting available. Page 2 T _ 1 • r�, �t /gyp • REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. II.A. From: Gordon Hughes City Manager ® Action F-1 Discussion 11 Information Date: June 1, 2010 Subject: Public Hearing — Ordinance No. 2010 -13 — An Ordinance Amending Edina City Code Concerning Intoxicating Liquor Licenses ACTION REQUESTED: First Reading. INFORMATION /BACKGROUND: On May 4, 2010, the City Council reviewed a draft ordinance amendment with respect to the issuance of intoxicating liquor licenses to bowling centers. This amendment was prompted by a request from Cypress Equities for a prospective tenant for their building at Centennial Lakes. Pinstripes, an Illinois based company, desires to locate an establishment at Centennial Lakes. This establishment would comprise a restaurant coupled with bowling and bocce. Although permitted from a zoning standpoint, the City Code does not allow the issuance of an intoxicating liquor license to such an establishment. (Although a beer and wine license would be allowed.) In accordance with Council direction on May 4, 2010, notice of the June 1 Council hearing has been published in the Edina Sun and individual mailed notices have been sent to property owners within 1,000 feet of the proposed Pinstripe's location. The attached Ordinance 2010 -13 is unchanged from the draft reviewed by the Council on May 4. On that occasion, staff provided a detailed report concerning the background and issues associated with the ordinance. The Council should refer to that report and its attachments prior to the June 1 hearing. If the subject ordinance is ultimately approved, Pinstripes will file the necessary application for an intoxicating liquor license. Some cities have attached conditions to such licenses for the purpose of imposing additional restrictions on the operation of licensed establishments. As mentioned at the May 4 meeting, recent court cases have questioned the enforceability of such conditions and, as a result, the Council should be cautious about imposing conditions on this or other liquor licenses in the future. (The Council has historically not imposed specific conditions on liquor licenses.) Requirements relative to the licensure of bowling centers are best embodied in the City Code itself rather than as special conditions on individual liquor licenses. Attached is recent correspondence received from Cypress since the May 4 meeting. This correspondence addresses issues concerning amplified sound at their proposed outdoor restaurant and their desire to construct an outdoor fireplace which burns wood. As to the first issue, Cypress has included a study of forecasted sound levels from the restaurant. The Council should be aware that the 2007 approval for the Cypress project included a condition that "no amplification is allowed for outdoor restaurants." If the Council wishes to amend this prohibition, it is the City Attorney's opinion that such an amendment must be referred to the Planning Commission for consideration prior to a separate Council hearing at a later date. As to the second issue, the Fire Department believes that the type of outdoor fireplace described in the Cypress letter would likely meet the requirements of the fire code. In many respects, it would be similar to the outdoor fireplace at the Park Centrum building. Although detailed plans will need to be reviewed, it is staff preliminary opinion that such a fireplace would be allowed. The Council also inquired about the distance from some outdoor restaurants in the City to nearby residences. Ciao Bella and Macaroni Grill were mentioned in that regard. According to the Planning Department, Ciao Bella is about 570 feet from Edinborough Park Plaza and about 420 feet from the hotel. Macaroni Grill is about 875 feet from the Centennial Lakes Condominiums and about 1,000 feet from the Edinborough Condos. The distance from the proposed Pinstripes locale to the Coventry is approximately 350 feet. Attachments: Ordinance No. 2010 -13 Cypress Correspondence & Sound Level Assessment Citizen Correspondence ORDINANCE NO. 2010 -13 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: Section 1. Subsection 900.09, Subdivision 5, of the Edina City Code is hereby amended to provide as follows: On -Sale Intoxicating Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection, no On -Sale Intoxicating Liquor License shall be granted to i) any establishment other than a restaurant or hotel located in the PCD -2, PCD -3, POD -2 Subdistricts or the Mixed Development District as established by Section 850 of this Code; ii) any amusement or recreation establishment including amusement arcade bowling ^° ^ pool halls or establishments offering amusement devices which means: A. A machine which upon the insertion of a coin, slug or other token, or upon payment of a fee, operates, or may be operated, as a game, contest or other amusement. B. Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, and machines patterned after baseball, basketball, hockey and similar games and like machines. C. Amusement devices designated for and used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices In addition, no On -Sale Intoxicating Liquor License shall be granted to any establishment located in the PCD -2 Subdistrict which will contain more than 200 seats; provided, however, a premises in the PCD -2 Subdistrict holding a wine license issued by the City which was in effect on December 31, 1998, and which contains more that 200 seats may be issued an On -Sale Intoxicating Liquor License, but the licensed premises shall not be thereafter expanded to include more seats than existed on December 31, 1998. For purposes of the preceding sentence, outdoor, seasonal dining areas shall not be included in the seat count provided that such outdoor seating comprises 20 percent or less of the total seating capacity of the licensed premises. In addition, no On -Sale Intoxicating Liquor License shall be granted to an establishment that has bowling lanes or bocce courts except to a restaurant and subject to the following: 15107102 RNK:r04rz2/2010 A. Not more than 50% of the gross floor area of the licensed premises • - -' Formatted: Indent: Left: 1" shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located indoors or on covered decks, balconies or patios enclosed by solid walls or closeable windows. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. D. The licensed premises shall not include lawn bowling areas or other games which are played outdoors. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: Second Reading: Published: 151071x02 RNK:r04 /22/2010 Susan Howl: Dear: Mayor James Hovland "Council Member Joni Bennett Council Member Mary Brindle Council Member Scot Housh Council Member Ann Swenson City Manager Gordon Hughes In preparation for the upcoming June 1St meeting with the City of Edina to amend the ordinance to allow for Pinstripes to proceed,:with its plans to open in Centennial Shops, we wanted to share some specific thoughts on the "Sound" and "Fireplace issues. In both cases, we plan on taking specific measures to ensure that we operate in a quality manner that is within the guidelines of any of the City ordinances, as well as being a solid neighbor to the surround ing.community. 1. Sound: With respect to the specific prohibition on "outside amplified music ", Pinstripes requests that it be allowed to play "amplified" background music on the outside balconies as long as the decibel level is below 65 at the property line, in which case (per the attached sound analysis) such background music will not be audible at the path adjacent to the lake on the far east side. Upon initial design, Pinstripes will be able to set the volume level of music, and also the location and direction of its speakers, and sound engineers will ensure that the decibel levels will be such that the music will be background in nature and will not be heard across the lake. Per the attached detailed sound analysis, we have analyzed the sound levels at the site, and are comfortable and confident that outside amplified music will be properly designed that will have no impact to the surrounding community. . Please note that the attached Sound Level Assessment does not contemplate the attenuating affects of a glass wall that could be erected to further mitigate any sound reaching the Coventry development. This Sound Level Assessment does, however, discuss the vast attenuating affects of the existing glass windows at the'site and the fact that interior sound generated at Pinstripes will not be heard by any establishment in the Coventry. That said, we are still open to erecting a full length (from floor to ceiling) glass wall at the balcony and patio areas as originally proposed, but only in response to the City of Edina allowing for outdoor amplified music. 2. Fireplace: While we recognize that Pinstripes should not be subject to any specific wood - burning fireplace restrictions that "do not generally apply to-the rest of the community, Pinstripes would like to clarify and make clear its intentions to build a wood- burning fireplace (not a.:firepit) on the first level "triangle patio" and second level "triangle balcony" located on the southwest corner of the premises. Such a fireplace would satisfy any fire code safety issues (the fireplace would be similar to a home fireplace, ie about 2 ft wide and 2 feet deep), and a chimney would exhaust the smoke from the first to second level, and then further exhaust the smoke from a chimney.6- 8.feet above the second level fireplace. In designing the fireplace as! such, there would be no "firepit" risks of sparks flying, nor would there be the risk of excessive smoke at ground level. Furthermore, this fireplace would have to be built 'in accordance with City of Edina Fire Codes as reviewed and approved by the City of Edina Fire Marshall. Pinstripes prefers to operate ,a natural wood - burning fireplace. While it is considerably more expensive to build and operate a wood - burning fireplace than a gas fireplace, the natural smell and atmosphere. created by a wood - burning fireplace more fits the quality image of Pinstripes and the comfortable and rustic atmosphere that the bistro seeks to create, and that our customers will enjoy. We certainly hope that the above referenced information will help clarify any issues related to the operations of Pinstripes and hope that you will see that Pinstripes is making significant efforts to make this endeavor a "win /win" for all citizens of Edina. In conclusion, we are very proud to present the proposal of the amended ordinance that will allow Pinstripes to operate in Centennial Shops and meet the intricate balance of the desires of the greater Edina market for quality family entertainment, coupled with the benefit of a park setting for all patrons. We look forward to your comments and welcome any questions in advance of the upcoming meeting. 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 @cypressequities.com www.cypresseauities.com Sound Level Assessment Pinstripes Restaurant Edina, Minnesota Prepared for Cypress Equities Dallas, Texas by David Braslau Associates, Inc. 13135 1h St. SE Suite 322 Minneapolis, MN 55414 612 - 331 -4571 May 2010 Prepared for Cypress Equities by David Br aslau Associates, Inc. Pinstripes Restaurant — Edina, MAI Sound Level Assessment Table of Contents 1.0 INTRODUCTION .............................................................................. ............................... 2 2.0 NOISE CONCEPTSAND TERMINOLOGY ..................... :............................... :.......... 3 3.0 PROJECT DESCRIPTION AND LOCATION ............................... ............................... 4 4.0 AMBIENT SOUND LEVEL MEASUREMENTS ........................... ............. ................... 6 5.0 SOUND LEVEL PREDICTIONS ......................:.............................. ............................... 9 5.1. Sound Level of Voices and Music on the Deck of Patio .................. ...:. ........................... 9 5.2. Sound Level Projections ................................................................... ............................... 9 6.0 RESTAURANT AMPLIFIED SOUND SIMULUATION ............ .............:.:.......:....... 12 6.1. Sound Simulation Setup ................................................................. ....................:.......... 12 6.2.. Patio Sound Simulation .............. ....................... ................. :.. ........................ :., .:.;....... 12. , 6.3. Deck Sound Simulation ............................................ ........ .............. .................................. 13 7.0 MUSIC INSIDE THE RESTAURANT ..... .. ............................................... ..................... 14 8.0 RECOMMENDED AMPLIFIED SOUND LIMITS ... ....:........ ............................... 16 APPENDIX A Photographs of Loudspeaker for Sound' Simulation Prepared for Cypress Equities by David Br aslau Associates, Inc. Pinstripes Restaurant = Edina. MN Sound Level Assessment List of Figures Figure 3.1 g p evel Analysis Sites ....... ..............................5 Proposed Restaurant Location and:Sound, L Figure 4.1 .,, Statistical Sound Level Distributions at Site 1 .................................. ............................... 7 Figure 4.2 Statistical SoundwLevel Distribution at Site 2 ...................... ..:................ .....:...........8 Figure 5.1 Sound Level Projections of Voices and Music ..............................::... .............................10 Figure 5.2 Average'Spectra at Receptor.. Sites with Predicted 1Vlusic and Voices Spectra ............ 11— Figure 7.1 r Estimated Sound Level at Site 2 from 80 dBA Music Inside the'Restaurant :..:......:..15 List of Tables Table1.1 Minnesota Noise Standards .................................................................. ..............................2 Prepared for Cypress Equities by David Braslau Associates, Inc. Page i Pinstripes Restaurant — Edina, MN Sound Level Assessment EXECUTIVE SUMMARY The proposed Pinstripes Restaurant is to be located on the west side of Centennial Lakes North Park in Edina, Minnesota. To the east of the lake is the residential community of Coventry Townhomes. The nearest unit in the development is approximately 290 feet east of the proposed restaurant. Residences at the southeast corner of the lake are approximately 500 feet from the restaurant. Pinstripes is a bowling, bocce, and bistro establishment, two stories tall. Bowling will be an indoor activity. There will be seating areas on the ground floor patio and on the deck. Pinstripes will be open year round; however outdoor activity will be minimal to non - existent at times due to weather conditions. The facility will be operating into the nighttime hours. The objectives of this sound level assessment are to establish the existing ambient sound levels at the Coventry Townhomes, to demonstrate compliance with state noise standards of any sound emanating from the restaurant, and to establish limits on amplified sound to ensure minimum impact on the existing ambient sound level environment at the residential area. Potential impacts are assessed with respect to the State of Minnesota nighttime noise standards and measured existing ambient sound levels. Ambient sound level measurements were made at the two locations shown on Figure 3.1 to represent existing background sound levels at the Coventry Townhomes. These readings were taken on Saturday afternoon and evening, May 15, 2010, between 5:30 and 6:30 pm and 10:00 and 11:00 pm. The conditions were selected to represent a typical summer evening when the Pinstripes deck and patio would be in operation. Sound level projections were made of voice and music at each of the two residential sites from the deck, patio, and triangular deck. Based upon these projections, expected sound levels are well below the Minnesota nighttime L 10 55 limit and also well below the ambient level at each of the sites. Simulation of sound levels from the deck and patio was performed to provide an opportunity to measure sound levels from the proposed restaurant and used to establish limits to have minimal impact on the Coventry Townhomes development. Because of considerable ambient noise and the need to clearly associate any observed or measured sound form the simulation loudspeaker, a unique swept sine wave signal was used that could be easily recognized. Based upon theoretical predictions and simulated sound testing on the restaurant patio and deck, it is recommended that a maximum amplified sound level of 65 dBA (measured 16 feet from the loudspeaker) be permitted on the ground level patio. Because the deck is higher and more exposed to the environment, it is recommended that a maximum amplified sound level of 60 dBA (measured 16 feet from the loudspeaker) be permitted on the deck. While no simulated signals were generated from the triangular part of the upper deck, the theoretical predictions which take into account additional distance from the lake show that a sound level on this portion of the deck would be about 5 dBA lower than at the east end of the deck. Therefore, for amplified sound on the triangular portion of the deck, it is recommend that a maximum amplified sound level of 65 dBA (measured 16 feet from the loudspeaker) be permitted. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 1 Pinstripes Restaurant — Edina. MN Sound Level Assessment 1.0 INTRODUCTION The objectives of this sound level assessment. are to establish the existing ambient sound levels in the vicinity of the proposed Pinstripes Restaurant in Edina, Minnesota, and to assess expected sound levels in the residential area across the1ake to the east' and the level of background sound from loudspeakers that can be provided on the deck and patio with windows open without impacting the areas. For varying sources such as voices and`background'inusic, the `Minnesota L 10 standard, or that level exceeded for 10% or 6:minutes of an hour, is the applicable standard. Since residential land uses or receptor sites are involved and the restaurant could operate beyond 10 pm into the nighttime (10 pm to 7 am) hours -as defined in the Minnesota rules, sound,levels from the restaurant will be compared with the LIO 55 dBA residential nighttime standard.-The state noise'standards (MN Rule 7030.0040),are presented in Table 1.1. Sound levels in the table are specified ' terms of the dBA or -A- weighted decibel. It should be noted that, while these are receiving land use and not source standards, they have been interpreted by the state as applying to sources that impact the receiving land use. Thus, they.do not include ambient levels not associated with the source in question. This sound level metric or measure is commonly used throughout the world in evaluating environmental and community noise levels and is a single number that combines all frequencies of sound by weighting the level of individual frequencies similar to that which is done by the human ear. Table 1.1 Minnesota Noise Standards This sound assessment analyzes the most sensitive receptor sites which are the closest residential structures to the site that would be exposed to sound from the restaurant. For this study, two sites were selected to represent the residential neighborhood.east of the lake are shown on the aerial photograph in Figure 3.1. -Site 1 was chosen to represent the area at the southeast end of the lake. Site 2 was chosen to represent the closest residence to the proposed patio and deck. Ambient sound levels were measured in the afternoon to describe existing daytime levels and after 10 pm to represent existing nighttime levels. Spot ambient spectral -(or multiple frequency) sound levels were also taken at these sites to help establish permissible background sound levels in the restaurant without having a significant impact on existing sound levels. Sound levels in the neighborhood are currently dominated by traffic on France Avenue, on Parkland Avenue, especially the bridge at the south end of the lake, the fountain in the lake, sound from park walkway loudspeakers, pedestrian conversations on the walkway along the lake, persons using paddle boats on the lake, and overflying aircraft. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 2 Daytime 7 am to 10 m Ni ttime Q 0 pm to 7 am Noise Area Classification L10 L50 L10 L50 NAC -1 residential 65 -60 55 50 NAC -2 commercial 70 65 70 65 NAC -3 industrial 80 75 80 1 75 This sound assessment analyzes the most sensitive receptor sites which are the closest residential structures to the site that would be exposed to sound from the restaurant. For this study, two sites were selected to represent the residential neighborhood.east of the lake are shown on the aerial photograph in Figure 3.1. -Site 1 was chosen to represent the area at the southeast end of the lake. Site 2 was chosen to represent the closest residence to the proposed patio and deck. Ambient sound levels were measured in the afternoon to describe existing daytime levels and after 10 pm to represent existing nighttime levels. Spot ambient spectral -(or multiple frequency) sound levels were also taken at these sites to help establish permissible background sound levels in the restaurant without having a significant impact on existing sound levels. Sound levels in the neighborhood are currently dominated by traffic on France Avenue, on Parkland Avenue, especially the bridge at the south end of the lake, the fountain in the lake, sound from park walkway loudspeakers, pedestrian conversations on the walkway along the lake, persons using paddle boats on the lake, and overflying aircraft. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 2 Pinstripes Restaurant —Edina, MN Sound Level Assessment 2.0 NOISE CONCEPTS AND TERMINOLOGY An excellent introduction to noise levels and common terminology can be found in the publication by the Minnesota Pollution Control Agency, A Guide to Noise Control in Minnesota, which was updated in October 2008 and can be found at the following website: http://www.pca.state.mn.us/publications/p-g-en6-0 I.pdf Excerpts from the guide's summary are presented below: Minnesota's noise pollution rules are based on statistical calculations that quantify noise levels according to duration over a one -hour monitoring period. The L10 calculation is the noise level that is exceeded for 10 percent, or six minutes, of the hour, and the L50 calculation is the noise level exceeded for 50 percent, or 30 minutes, of the hour. There is not a limit on maximum noise. The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the daytime (7:00 a.m. — 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. — 7:00 a.m.) (Minn. State Noise Pollution Control Rules 7030.0040). This means that during the one -hour period of monitoring, daytime noise levels cannot exceed 65 dBA for more than 10 percent of the time, and cannot exceed 60 dBA more than 50 percent of the time. Decibel levels of common noise sources 140 ---------------------------- - - - - -- Jet Engine (at 25 meters) 130 ---------------------------- - - - - -- Jet Aircraft (at 100 meters) 120 ---------------------------- - - - - -- Rock Concert 110 ---------------------------- - - - - -- Pneumatic Chipper 100 ---------------------------- - - - - -- Jackhammer (at one meter) 90 ----------------------------- - - - - -- Chainsaw, Lawn Mower (at one meter) 80 ----------------------------- - - - - -- Heavy Truck Traffic 70 ----------------------------- - - - - -- Business Office, Vacuum Cleaner (at three meters) 60 ----------------------------- - - - - -- Conversational Speech, Typical TV Volume 50 ----------------------------- - - - - -- Library 40 ----------------------------- - - - - -- Bedroom 30 ----------------------------- - - - - -- Secluded Woods 20 ----------------------------- - - - - -- Whisper The L10 level is commonly used to address varying sources, i.e. sources that are not continuous such as mechanical equipment. Potential sound levels from the proposed restaurant are compared with this standard to ensure that the restaurant will be in compliance with state noise standards. In addition to compliance with state rules, limits on background music sound levels are recommended to ensure minimal impact on existing ambient sound levels. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 3 Pinstripes Restaurant — Edina AIN Sound Level Assessment 3.0 PROJECT DESCRIPTION AND LOCATION The proposed Pinstripes Restaurant is to be located on the west side of Centennial Lakes North Park in Edina, Minnesota. To the east of the lake is the residential community of Coventry Townhomes. The nearest unit in the development is approximately 290 feet east of the proposed restaurant. Residences at the southeast corner of the lake are approximately 500 feet from the restaurant. Pinstripes is a bowling, bocce, and bistro establishment, two stories tall. Bowling will be an indoor activity. There will be seating areas on the ground floor patio and on the deck. Pinstripes will be open year round; . however outdoor activity will be minimal to non- existent at times due to weather conditions. The facility will be operating into the nighttime hours. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 4 Pinstripes Restaurant — Edina. AIN r' six— ■ .tl�lt�t r � ,• Figure 3.1 Proposed Restaurant Location and Sound Level Analysis Sites Prepared for Cypress Equities by David Braslau Associates, Inc. Page 5 .R r �'- gkll • T Sound Level Assessment �t Pinstripes Restaurant — Edina, A11V Sound Level Assessment 4.0 AMBIENT SOUND LEVEL MEASUREMENTS Ambient sound level measurements were made at the two locations shown on Figure 3.1 to represent existing background sound levels at the Coventry Townhomes. These readings were taken on Saturday afternoon and evening, May 15, 2010, between 5:30 and 6:30 pm and 10:00 and 11:00 pm. Weather conditions were ideal for sound level monitoring, i.e. no wind, no precipitation, and moderate temperatures. The conditions were selected to represent a typical summer evening when the Pinstripes deck and patio would be in operation. Continuous statistical sound levels for one hour were collected using Larson Davis Model 700 Type 2 Sound Level Meters using 1- minute intervals to identify any unusual occurrences during the monitoring period. Spot sound level readings were also taken using a Casella CEL 593 Type 1 meter at each of the continuous monitoring locations as a check on the continuous readings and to provide a basis for establishing limits on amplified sound from the restaurant to ensure minimum impact on existing ambient sound levels. A range of statistical descriptors were taken that help characterize the ambient noise environment. The LO (level exceeded 1% or 36 seconds per hour) represents the noisiest events during the hour. The L10 (level exceeded 10% or six minutes per hour) represents relatively loud levels that regularly occur in the hour such as passing traffic. The L50 (level exceeded 50% or 30 minutes per hour or median level) is often used to represent the average noise level during the hour. The L90 (level exceeded 90% or 54 minutes per hour) is commonly used to represent the ambient or background sound level environment since it is only quieter than this for six minutes of the hour. Statistical distributions of sound level at Site 1 are shown on Figure 4.1. Statistical distributions of sound level at Site 2 are shown on Figure 4.2. Traffic noise, especially at 5 pm on a weekday, is considerably higher than during other periods. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 6 b � 'ti J � 0 z 'b e ,o- O U U c c' ►-9� uo C 't A Lxx (dBA) O CP O cAr, O can O ccn O 1733 - - 17:37 17:43 17:48 17:53 17:58 = 18:03 18:08 18:13 18:18 18:23 18:28 18:33 18:38 _ x - 0 c 22:05 = 22:10 = 22:15 22:20 = 22:25 = 22:30 = 22:35 = 22:40 22:45 22:50 22:55 = 23:00 =. 23:05 23:10 j J •� .. o Jf • .ter �i OL • ��ir Jan Mm- r On A 0 0 Z st ti a a r a A� a 04 ao C A A N CA a� y A f 0 C C c r d c C O C a� A Lxx (dBA) o cWi o ccn o cvr o can o 17:38 17:41 17:45 17:49 17:53 17:58 18:02 18:06 18:10 18:14 18:18 18:22 18:26 18:30 18:34 x c° 22:05 22:09 22:13 22:17 22:21 22:25 22:29 22:34 22:38 22:42 22:46 22:50 22:54 22:58 23:02 r -r �>r i r it • • Pinstripes Restaurant — Edina, AM Sound Level Assessment 5.0 SOUND LEVEL PREDICTIONS 5.1. Sound Level of Voices and Music on the Deck of Patio Predicted sound levels from voices on the deck and patio were based upon published speech level spectra of loud male and female voices Predicted sound levels from music from loudspeakers on the deck and patio were based upon a measured spectrum of typically loud classical music adjusted to a level of 70 dBA at 16 feet from a loudspeaker. 5.2. Sound Level. Projections Sound level projections of voice and music at each of the two residential sites from the deck, patio, and triangular deck are shown in Figure 5.1. Based upon the theoretical projections of sound levels, expected sound levels are well below the Minnesota nighttime L10 55 limit and also well below the ambient level at each of the sites. The spectral characteristics of the monitored ambient sound levels shown in Figure 5.1 are compared with the predicted spectra for voices and speech at the nearest residence (Site 2). When any frequency associated with voices or amplified music lies below the ambient spectrum, the sound is generally considered to be inaudible. The figure shows that the spectra for voices and amplified music are well below the ambient spectrum at all frequencies and are therefore likely to be inaudible under the observed conditions. Without crickets at night some music if played at 70 dBA on the patio may be minimally audible although levels.below 70 dBA will likely be masked by ambient sound levels. Based upon theoretical predictions and simulated sound testing on the restaurant patio and deck, it is. recommended that a maximum amplified sound level of 65 dBA (measured 16 feet from the loudspeaker) be permitted on the ground level patio. Because the deck is higher and more exposed to the environment, it is recommended that a maximum amplified sound level of 60 dBA (measured 16 feet from the loudspeaker) be permitted on the deck. While no simulated signals were generated from the triangular part of the upper deck, the theoretical predictions which take into account additional distance from the lake show that a sound level on this portion of the deck would be about 5 dBA lower than at the east end of the deck. Therefore, for amplified sound on the triangular portion of the deck, it is recommend that a maximum amplified sound level of 65 dBA (measured 16 feet from the loudspeaker) be permitted. Prepared for Cypress Equities by David Braslau Associates, Inc Page 9 Pinstripes Restaurant —Edina, AIN Sound Level Assessment .E 50 Q 40 m V d 30 c 0 0 20 10 0 Predicted Home Levels [Voice level based on 40 people on balcony with half speaking at a loud voice effort] [Music level based on L10 70 dBA at 15 ft from loudspeakers] [10:00 pm monitored L10 levels are also shown] Voices - Deck Voices - Patio Voices - Music - Deck Music - Patio Music - TriangleDeck TriangleDeck Figure 5.1 Sound Level Projections of Voices and Music Prepared.for Cypress Equities by David Braslau Associates, Inc. Page 10 Res 1 ■ Res 2 Pinstripes Restaurant — Edina. DIN Sound Level Assessment .II 50.0 40.0 m m 30.0 C 0 20.0 10.0 I _ C-4 p_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N f7 N C') 8 N N ao N N r M Figure 5.2 Average Spectra at Receptor Sites with Predicted Music and Voices Spectra Prepared for Cypress Equities by David Braslau Associates, Inc. Page 11 4 Site 1 5pm —Site 1 10 pm —� Site 2 5 pm —Site 2 10 pm --*--Voices on Deck at Site 2 ­0 — Music 70 dBA at 15 feet lift usic level based upon orchestral ground music (example here is sitting around 10 tables Wth hall of them speaking at the same time Wth loud voices and a 60/40 male/female mix - 290 _ C-4 p_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N f7 N C') 8 N N ao N N r M Figure 5.2 Average Spectra at Receptor Sites with Predicted Music and Voices Spectra Prepared for Cypress Equities by David Braslau Associates, Inc. Page 11 4 Site 1 5pm —Site 1 10 pm —� Site 2 5 pm —Site 2 10 pm --*--Voices on Deck at Site 2 ­0 — Music 70 dBA at 15 feet Pinstripes Restaurant - Edina, MN Sound Level Assessment 6.0 RESTAURANT AMPLIFIED SOUND SIMULUATION 6.1. Sound Simulation Setup Simulation of sound levels from the deck and patio was performed to provide an opportunity'to measure sound levels from -the proposed restaurant and used to establish limits to,have minimal impact on the:'' Coventry Townhomes development. The simulation. also provides an opportunity to substantiate predicted sound eyels or identify.potential problems with the simulation setup.. Because of considerable ambient noise and the need to clearly associate any..observed or measured sound form the simulation loudspeaker; a unique swept sine wave'signal was: used that could be.easily recognized. Photos ofthe . equipment placement are included in Appeudiz A. Only the top loudspeaker shown in the photos was used in the patio and deck simulation tests. While any loudspeakers would be directed away from the residential area or mounted in the ceiling, the speaker faced the residential area in the simulation to. provide a clearer signal for the test and the opportunity'to measure the free field. sound level unimpeded by reflections off the exterior glass-wall along thepatio and deck. The'signal was calibrated at'60, 70 and 80 dBA at a distance of 16 feet,'which is the approximate distance of ceiling speakeis or column mounted speakers facing away from the residential area. 6.2. Patio Sound Simulation By plotting the time history of the measured sound level spectrum, it is possible to "see" how sound behaves over time. Since the test used a unique periodic signal sweeping from low to high frequency, it could be easily identified among the complex sound environment created by existing sources in the area. For example, sharp high random peaks at high frequencies due to bird songs or from voices along the walkway around the lake could not be confused with a steady periodic sound level. During the measurement at Site 2 with a loudspeaker on the, patio, the signal could just be heard when listening carefully for the signal. The ambient sound level, just after the test was measured at 48 to 49 dBA. The sound level with the 70 dBA test signal was measured at 48 to 49 dBA so the overall level did not change. The predicted L10,70 dBA amplified music level from the patio at Site 2 was 35 dBA (Figure 5.1). While the simulated 70 dBA level could not be measured since it was below the background level, it is estimated that the maximum simulated signal at Site 2 would have measured approximately 38 to 39 dBA. Since the L10 for music can be 4 to'10 dBA below the maximum level, a music level with maximum level of 70 dBA would have an estimated L10 of 30 to 35 dBA which compares favorably with the predicted, L 10 Level of 35 dBA. With the test signal strength on the patio increased to 80 dBA, the time history sound level measurement at Site 2 clearly showed the periodic signal and the sound was clearly audible at this level. The overall dBA level with the 80'dBA.signal was about 50 dBA, or l to 2 dBA above ambient. If the 80 dBA signal is subtracted from the total level using decibel subtraction, the sound level due only to the 80 dBA signal alone is estimated to be 49-to 49 dBA. This is consistent with the estimated 10 dBA lower 70 dBA signal level which was estimated in the paragraph above at 38 to 39 dBA. Thus, based upon the sound simulation, a maximum level of 70 dBA for amplified sound on the patio could be considered an upper limit. To provide some margin of safety a maximum level of 65 dBA when measured 16 feet from a loudspeaker iri the direction of the Coventry Townhomes, could be set as an initial%target for level on the patio. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 12 Pinstripes Restaurant — Edina, MN Sound Level Assessment At Site 1, an initial test signal level of 80 dBA was followed by a lower signal of 70 dBA. While the 80 dBA signal could be clearly identified from the data, the 70 dBA signal was again lost in the ambient sound. The ambient sound level at Site 1 was measured at 45 dBA compared with 48 to 49 at Site 2. The measured sound level with the 80 dBA signal was 48 dBA, or an increase above ambient of 3 dBA. Using decibel subtraction, the 80 dBA signal at Site 1 should measure 45 dBA. Thus, a 70 dBA signal would be 10 dBA lower or 35 dBA. With the L101evel for music 4 to 10 dBA lower, the music L101evel would be expected to be about 25 to 30 dBA (compared with 35 dBA at Site 1). This value is also consistent with the lower predicted music L10 level at Site 1 shown on Figure 5.1. While the 70 dBA signal is about 5 dBA lower at Site 1 than at Site 2, the ambient level at Site 1 is also lower by about 3 dBA. Therefore, a 70 dBA limit to amplified sound on the patio is expected to have a similar minimal impact on the ambient at Site 1. The 65 dBA maximum limit on amplified sound on the patio should therefore provide the same protection or safety margin at Site 1 as at Site 2. 6.3. Deck Sound Simulation For the deck sound simulation at Site 2, the test began with the 80 dBA signal followed by the 70 dBA signal. The 80 dBA signal could be clearly identified in the data. After dropping the level by 10 dBA to 70 dBA, some periodicity from the test signal could still be detected. Unfortunately no reading was taken at the 60 dBA level since wind was beginning to be a factor and additional readings at Site 1 were needed. However, a 5 dBA reduction in the test signal to 65 dBA would not be sufficient to bring the signal down below the ambient level at Site 2. Therefore, a limiting level of 60 dBA would be needed for amplified sound on the deck to ensure minimum audibility at the nearest residence (Site 2). The 80 dBA signal from the deck at Site 1 was not clearly audible and was masked by other sharp high frequency peaks that were due in part by birds and in part by the wind which was starting to rustle leaves in the area and adding to the high frequency levels. Reducing the signal to 70 dBA did not have any effect on the sharper high frequency peaks, confirming that these were due to sources other than the test signal. When the signal was reduced to 60 dBA and the meter sensitivity increased to capture that level, wind on the microphone as well as in the trees dominated the sound level although no periodic peaks associated with the 60 dBA signal could be detected. Thus, based upon the deck sound simulation data for Site 2 and Site 1, a 60 dBA level should ensure minimum audibility at these sites. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 13 Pinstripes Restaurant — Edina AIN Sound Level Assessment 7.0 MUSIC INSIDE THE RESTAURANT An additional concern addressed here is the leakage of sound from inside the restaurant to•outside areas. Prior to simulating sound from the patio and deck, indoor -to- outdoor sound level measurements were made only on the patio level since glazing is identical on the first and second floor. A steady signal at 103 dBA at 10 feet with a flat spectrum from 50 Hz and above was generated inside the space and measurements taken at several distances and locations inside and outside of the space. An ambient measurement was also taken to ensure that the measured difference in sound from inside to outside was not affected by the outside sound level. The outdoor ambient level at the patio railing was 50 dBA while the test signal was measured at 63 dBA. The ambient level was more than 10 dBA below the test signal level and therefore did not affect the measurement of attenuation by the windows. . Based upon an average of readings inside and outside windows, it was determined that the windows provide an attenuation of 31 dBA. With an 80 dBA interior level at the windows, a sound level of only 49 dBA can be expected at the patio railing. When projected to the nearest residence (Site 2), the sound level spectrum would be well below the observed ambient as shown on Figure 7.1. This assumes that the patio windows are open. If the patio windows are closed, the level could drop another 25 to 30 dBA, depending upon the windows and window installation. This reduction in level would also apply to any sound on the patio or deck if the windows were closed. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 14 Pinstripes Restaurant — Edina, MN Sound Level Assessment 50.0 40.0 m m 30.0 c 3 O N 10.0 0.0 -- 100 Hz 125 160 200 250 315 400 500 630 800 1k 1k25 1k6 2k 2k5 3k15 4k 5k Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Hz Figure 7.1 Estimated Sound Level at Site 2 from 80 dBA Music Inside the Restaurant Prepared.ror Cypress Equities by David Breslau Associates, Inc. Page 15 t Music f Ambient Pinstripes Restaurant — Edina A71V Sound Level Assessment 8.0 . RECOMMENDED AMPLIFIED SOUND LIMITS Loudspeakers can be appropriately designed to direct amplified sound where it is needed and to limit sound where it is not needed. When ceiling speakers are used,'an appropriate coverage angle directed towards the floor can be used to limit spillover of sound outside of the desired area. Where small loudspeakers are wall or column- mounted, they can be directed away from the residential area, carefully aimed to avoid reflections off the glass exterior, and if necessary provided with sound shielding behind to limit radiation of sound behind the loudspeaker. The recommendations below refer to limited sound levels at the edge or railing of the patio or deck which is essentially the property line of the restaurant. The sound system designer can select loudspeaker types, locations, orientation and sound levels that can comply with these limits. The sound level at the east or south edge of the patio should not exceed the limits below based upon the acoustic power needed to generate that level at 16 feet from the loudspeaker. Based upon theoretical predictions and simulated sound testing on the restaurant patio and deck, it is recommended that a maximum amplified sound level of 65 dBA be permitted on the ground level patio. Because the deck is higher and more exposed to the environment,.it is recomiended that a maximum amplified sound level of 60 dBA be permitted on the deck. While no simulated signals were generated from the triangular part of the upper deck, the theoretical predictions which take into account additional distance from the lake show that a sound level on this portion of the deck would be about 5 dBA lower than at the east end of the deck. Therefore, for amplified sound on the triangular portion of the deck, it is recommended that a maximum amplified sound level of 65 dBA be pennitted. y Ajobs\201 Oj obs \210029\ report\ pinstripes -ed ina- sound - level- assessment- draft2. doc Prepared for Cypress Equities by David Braslau Associates, Inc. Page 16 Pinstripes Restaurant — Edina. MN Sound Level Assessment Appendix A Location of loudspeaker on the patio. The top speaker only was used for the simulation. Location of loudspeaker on the deck. Prepared for Cypress Equities by David Braslau Associates, Inc. Page 1 Edina City Council James Hovland, Mayor Joni Bennett Mary Brindle Scot Housh Ann Swenson Subject: Pinstripes Dear Mayor and Council Members; , RECEIVED MAY 2 0 2010 The proposed Pinstripes project appears to be a perfect fit for our neighborhood; a first class restaurant, recreation that fits with the other recreational opportunities in the park, and wonderful live music. This is a unique business that will fill a much needed gap in our community's dining and entertainment offerings. If the City Council does not approve Pinstripes, the City will be missing out on a great opportunity. While letters expressing reservations about the Pinstripes project keep coming in , we wanted to let you know that there are many of us who support this idea and are excited about the prospect of filling this space with such an enjoyable venture. While some have raised objections to this project, we feel that it is important to remember that the Pinstripes site operated as a commercial venture, a movie theater, before the Coventry project even began. These residents knew what was on the site when they purchased their units and should have expected that future redevelopment would be similar to what is now being proposed. If the Pinstripes proposal is rejected, Cypress will continue to try and fill this empty space, possibly with a business that is far less desirable than Pinstripes but yet would not require an ordinance change. f. We urge you to support the Pinstripes project and do what is right for the majority of Edina residents and not indulge the self - serving minority. Thank you, Residents of the Village Homes V `_�I J Edina City Council 4801 West 50"' St. Edina, MN 55424 Subject: Liquor and Gaming at Centennial Lakes Mayor and Council Members: RECEIVED RAY 19 2010 The answer °again and again is NOS N01NO. Our. agreement with Cypress to, build was- space for "two or three high -end restaurants" (there words, not ours). Not a gaming place of any kind; certainly not a bowling alley. If this has become a problem it's Cypress', not ours. They were told of the other restaurants which failed at Centennial Lakes. There idea to flood the market with high -rise condos_ and restaurants is there problem and there problem alone. Frankly, I like others, have been hassled enough by Cypress. Can this council just say no to changing our building codes and rescinding our agreement with Cypress without involving the public every time? As for Cypress, I would suggest they use the existing space for 12 to 14 condos. That change in use would make sense. Sincerely, Ray DeMont 7400 "Centennial Lakes Edina, MN 55435 952- 941 -6896 REQUEST FOR PURCHASE TO: Mayor & City Council FROM: John Keprios, Director of Parks and Recreation VIA: Gordon Hughes, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $20,000 DATE: June 1, 2010 AGENDA ITEM Ill. A. ITEM DESCRIPTION: 2010 Parking Lot & Pathway Improvement — 10 -2PK DATE BID OPENED OR QUOTE RECEIVED II BID OR QUOTE EXPIRATION DATE May 26, 2010 July 26, 2010 Company 1. Bituminous Roadways 2. Prior Lake Blacktop 3. Wm. Mueller &' Sons, Inc. 4. Midwest Asphalt 5. Omann Brothers Paving 6. Barber Construction, Inc. RECOMMENDED QUOTE OR BID: Bituminous Roadways $384,466.05 Amount of Quote or Bid 1. $384,466.05 2. $420,444.87 3. $441,352.34 4. $442,477.50 5. $449,312.41 6. $458,674.10 GENERAL INFORMATION: On May 26, 2010, bids were opened for the renovation of Bredesen Park bicycle path, Braemar Golf Course parking lot, Walnut Ridge Park parking lot and Edinborough Park asphalt entryway and sidewalk. The bid package was structured in a manner that allows the City the right to accept or reject any number of the independent projects as well as reduce the scope of each individual project. The strategy was to bid them together to capture economies of scale. Bituminous Roadways submitted the following bid per project: Bredesen Park Bicycle Path $189,960.75 Braemar Golf Course Parking Lot $82,702.50 Walnut Ridge Park Parking Lot $66,530.70 Edinborough Park Entryway and Sidewalk $45,272.10 GRAND TOTAL $384,466.05 -page 2 of 2- The Bredesen Park bicycle path -is a 2010 Capital Improvement Plan (CIP) project budgeted at $250,000 and Bituminous Roadway's low bid came in at $60,039.25 under budget. The Braemar Golf Course parking lot project is a 2010 CIP project currently funded at $75,000; however, the low bid came in at $7,702.50 over that estimated budget. Staff recommends we spend the additional dollars to complete this second phase of this three phase parking lot renovation project at Braemar Golf Course because engineer estimates suggest that this is a very good competitive price. The engineer's estimate for this project is $94,571.00. The Walnut Ridge Park parking lot project is a 2010 renovation project funded by the Paths and Hard Surfaces budget which is funded at $240,400 within the 2010 Park Maintenance operating budget. The low bid of $66,530.70 is considered a very competitive price as the engineer's estimate for that project is $74,916.20. The Edinborough Park sidewalk and entryway project is a 2010 CIP project budgeted at $75,000 and thankfully the bid came in at $29,727.90 under budget. Edinborough Park is experiencing significant concrete sidewalk deterioration to a point of it being a hazardous condition. Staff recommends award of bid to Bituminous Roadways for $384,466.05. I approved by Council, all projects must be substantially completed by August 26, 2010. John Kep , Director The Recommended Bid is within budget nol Edina Park and Recreation r_ o14� 11e REQUEST FOR PURCHASE IN EXCESS OF $20,000 /CHANGE ORDER To: MAYOR AND COUNCIL Agenda Item No. *1116. From: Jennifer Bennerotte Communications & Marketing Director Date: June 1, 2010 Subject: About Town paper purchase Item Description: Cover- and text - weight paper for four issues of About Town Date Bid Opened or Quote Received: Bid or Quote Expiration Date: May 18 -21, 2010 NA Company Amount of Quote or Bid 1. XPEDX 1. $30,952.77 2. C.J. Duffey Paper Company 2. $31,155.09 3. Anchor Paper Co. 3. $31,702.05 RECOMMENDED QUOTE OR BID: XPEDX $30,952.77 . GENERAL INFORMATION: To achieve cost savings and to buy a custom -sized sheet that will result in less paper waste, the Communications & Marketing Department accepted estimates for paper for the next four issues of About Town. The estimated annual savings by purchasing in bulk is $4,700. The custom paper size will result in an estimated 15 percent less paper waste. Each paper vendor provided an estimate for a different brand of paper, but they are industry equivalents. The City has used XPEDX in the past for the newsletter paper. Pricing includes the cost of XPEDX storing the paper for the City, with quarterly deliveries to the printer of the newsletter. Paper was also bought in bulk last year. This ear's price is more than $525 less than that paid in 2009. Communications & Marketin 4 Department artment S'gnature Department The Recommended Bid is X within budget not within budget Ilinl7inance Director n Hughes, Pity Manager �V • FROM: VIA: REQUEST FOR PURCHASE Mayor & City Council John Keprios, Director of Parks and Recreation Gordon Hughes, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $20,000 DATE: June 1, 2010 AGENDA ITEM: Ill. C. ITEM DESCRIPTION: 2010 Vermeer Brush Chipper— Park Maintenance Department II DATE BID OPENED OR QUOTE RECEIVED II BID OR QUOTE EXPIRATION DATE II NA A Company 1. Vermeer Sales & Service MN State Contract #442597 Item #C- 796(5) RECOMMENDED QUOTE OR BID: Vermeer Sales & Service $20,449.83 Amount of Quote or Bid 1. $20,449.83 ACCOUNT #: 1650.6710 GENERAL INFORMATION: This is for purchase and delivery of a 2010 Vermeer BC1000XL brush chipper for the Park Maintenance Department. The $20,449.83 price includes a $6,500.00 credit for trade -in of our 20 -year old 1990 Vermeer Model 1250 brush chipper. The price also includes sales tax. This purchase is funded under the 2010 Epuiament Replacement Edina Park and Recreation John os, Director Department This Recommended bid is within budget not within budget „�of r_y*allin, Hughes, NA, o e vlt%,�) Cn �y • rNroaroxP+'��/ �aaa REQUEST FOR PURCHASE IN EXCESS OF $20,000 /CHANGE ORDER To: MAYOR.AND COUNCIL Agenda Item No.: Ill. D. From: Matt Sisterman I.T. Director Date: June 1, 2010 Subject: Renewal of Microsoft License Agreement Description: 2010 Microsoft Enterprise Agreement Renewal Date Bid Opened or Quote Received: Bid or Quote Expiration Date: May 19, 2010 NA Company Amount of Quote or Bid 1. Software House International 1. $40,210.00 RECOMMENDED QUOTE OR BID: Software House International State Contract #425551 $ 40,210.00 GENERAL INFORMATION: This is the first year of a new three -year agreement with Microsoft renewing our current (280) Enterprise Software Agreement licenses. The renewal of this contract allows the City the ability to upgrade operating systems and Office suites for these existing desktops, laptops, and servers and their replacements as many times as necessary over the life of our three year contract. The City benefits by achieving standardization, free software upgrades for the life of the contract, priority Microsoft support, and citywide system compatibility. The Central Services General account will pay for this expenditure. Staff recommends we proceed with the renewal. i %/! , ;001 Signature The Recommended Bid is X within budget Information Technology D artment not within budget,I /W J Gordon Hughes, lin, Vance Director ;i Manager �ZNA, Oki N` \CORPOPA�4' v less AGENDA ITEM: IV.A. Presentation By Edina County Club No packet data Oral presentation ❑ Information coming L o e N N�t� �y REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item IV. B. Susan Howl ® Action From: Human Services Coordinator ❑ Discussion Information Date: June 1, 2010 Subject: Second Reading - Ordinance No. 2010 -12 Amending Edina City Code Concerning Domestic Partners ACTION REQUESTED: Second Reading INFORMATION /BACKGROUND: The Human Rights and Relations Commission prepared the attached ordinance which was granted First Reading at the Public Hearing on May 18, 2010. Having been edited, it is now back before the City Council for the Second Reading. The purpose of the proposed ordinance is to allow Domestic Partners registration rights and the same rights in public venues as married couples, and to provide City employees Domestic Partner benefits. ATTACHMENTS: 1. Ordinance No. 2010 -12 Amending Edina City Code Concerning Domestic Partners N ORDINANCE NO. 2010-12 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING DOMESTIC PARTNERS THE CITY OF EDINA ORDAINS: Section 1. Chapter 1 of the Edina City Code is amended by adding Section 195 to provide as follows: 195.01 Purpose. The City of Edina authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Edina and who share a life and home together may document their relationship. Edina's Domestic Partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of Edina cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, medical, health care and employment benefits. 195.02 Definitions. The following words and phrases used in this Code have the meanings given in this Section. Domestic Partner. Any two adults who meet all the following: 1. Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in Edina or is employed in Edina. Domestic Partnership. The term "domestic partnership" shall include, upon production of valid, government- issued documentation, in addition to domestic partnerships registered with the City of Edina, and regardless of whether partners in either circumstances have sought further registration with the City of Edina: A. Any persons who have a currently- registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic 0 partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. 195.03 Registration of Domestic Partnerships. A. The City Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. B. The City Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this Section shall be in the amount set forth in Section 185 of this Code. C. The City Clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. D. This application and certificate may be used as evidence of the existence of a domestic partner relationship. E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. F. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. 195.04 Amendments. The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments which would replace one of the registered partners with another individual. 195.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: 1. One of the partners dies; or 2. Forty -five days after one partner: a) sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership; and b) files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. r` Section 2. Chapter 1 of the Edina City Code is amended by adding Section 197 to provide as follows: 197.01 Homestead designation. Eligibility for the designation of property as a homestead, the application process and the verification process are set forth in State Statutes. In administering the state homestead statutes the City will not impose any additional requirements on domestic partners. 197.02 Fees. If the City offers a family fee, family membership or family registration, domestic partners are entitled to the same family fee, family membership or family registration. Section 3. Section 150.10, Subd. 3 of the Edina City Code is amended to provide as follows: Subd. 3 Purpose. Sick leave with pay may be granted to employees entitled thereto when the employee is unable to perform scheduled work duties due to illness /disability, the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave with pay may also be granted for a variety of other family and medical circumstances. The amount and conditions under which sick leave with pay may be used for such circumstances is provided in the family and medical leave policy adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be granted for a maximum of five scheduled work days in the event of the death of an employee's spouse, domestic partner, father, mother or child, spouse's father, mother or child; or domestic partner's father, mother or child and a maximum of three days in the event of the death of an employee's grandparent, grandchild, brother or sister. Section 4. Section 185.02 Schedule A of the Edina City Code is amended by adding the following: SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 195 195.03 registration of domestic partners $25 195 195.03 certified copies of registration, Amendments or notice of termination of domestic partners $10 Section 5. This ordinance is effective upon passage and publication. First Reading: Second Reading: Published: /I ^l� owe REPORT/RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. IV. C. From: Debra Mangen City Clerk ® Action ❑ Discussion Information Date: June 1, 2010 Subject: Resolution No. 2010 -43 Accepting Various Donations ACTION REQUESTED: Adopt Resolution. INFORMATION /BACKGROUND: In order to comply with State Statutes, all donations to the resolution approved by four favorable votes of the Counci have prepared the attached resolution detailing the various recipient departments for your consideration. ATTACHMENT: Resolution No. 2010 -43 City must be adopted by a I accepting the donation. I donors, their gifts and the RESOLUTION NO. 2010-43 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: Jennifer Skramstad Edina Community Foundation Kyun Huyn William Dunne & Ann Grazzini Phil Ford Edina Park Department: Edina Community Foundation Edina Community Foundation Richard and Lisa Uihlein Dated: June 1, 2010 Attest: $42.34 $740.00 For May 6, 2010 May Day Event $60.00 Scholarship Fund $25.00 Memorial For Audrey Bucklely Art Supplies $11,797.96 Renovation of York Park Little League baseball field Given in memory of Tim Nunn 8,409.19 Recycling Containers & Trees At Pamela & Lewis Parks $6,300.00 Trees for island at Northwood Road & Dundee Drive Debra A. Mangen, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK James B. Hovland, Mayor I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 1, 2010, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 City Hall Ci4 §ip-*27-8861 FAX 952 - 826 -0390 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com TTY 952 - 826 -0379 o� Le 0 188a REPORT /RECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV.D. From: James B. Hovland ® Action Mayor F-1 Discussion Date: June 1, 2010 F-1 Information Subject: Art Center Board Appointment ACTION REQUESTED: Appoint Ruth Valgamae to a partial term on the Art Center Board expiring February 1, 2012. INFORMATION /BACKGROUND: Art Center Board Member Bev Fischer resigned for health reasons leaving an unexpired term until February 1, 2012. The Council considered the applicants interviewed in January of 2010 and their consensus was to appoint Ruth Valgamae to the remaining . portion of Ms. Fischer's term. o� /te :u: REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. IV. E. From: Debra Mangen City Clerk ❑ Action ® Discussion Information Date: June 1, 2010 Subject: Student Board and Commission Appointment Process ACTION REQUESTED: Discuss appointment process to student appointees. NFORMATION /BACKGROUND: I sent to the Council the twenty -five applications received from students interested in serving on a City Board, Committee or Commission. Student members will begin serving on their respective board, committee or commission with the September meetings. The Council should discuss the process it wishes to use for filling the vacancies. In the event that the Council wishes to interview some or all of the candidates, staff would be glad to arrange interview times. o e REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV.F. From: Debra Mangen City Clerk ® Action ❑ Discussion ❑ Information Date: June 1, 2010 Subject: New On -Sale Wine License, TJ's of Edina Restaurant ACTION REQUESTED: Motion approving New On -Sale Wine License to PARS Food Service, Inc. dba as TJ's of Edina Restaurant for the period beginning June 1, 2010 and ending March 31, 2011. INFORMATION /BACKGROUND: PARS Food Service, Inc. dba as TJ's of Edina Restaurant, at 7100 Amundson Avenue has applied for new on -sale wine liquor license. TJ' has held an on -sale beer license for many years. They have filed the necessary paperwork and paid the applicable fees for the license. The Administration Department has reviewed the submittals and finds that they comply with code requirements. The Health Department is satisfied with the applicant's plan for storage and service. The Planning Department has reviewed the application and finds that it complies with code requirements. The Police Department has completed their investigation. Attached is Sgt. Mendel's memo stating the findings of the Police Department's background investigation. The licenses are placed on the agenda for consideration by the Council. ATTACHMENT: Sgt. Mendel's Memorandum. • BACKGROUND INVESTIGATION SUMMARY ON -SALE INTOXICATING LIQUOR OR ON -SALE WINE LICENSE Establishment: PARS Food Service Inc. /TJ's of Edina Restaurant License: On Sale Wine and 3.2 Malt Liquor On February 11, 2010, PARS Food Service Inc. /TJ's of Edina Restaurant made application to the City of Edina for an On -Sale wine and 3.2 Malt liquor license. The required alcohol awareness training has not been completed yet. PARS Food Service Inc. /TJ's of Edina Restaurant operates a restaurant at 7100 Amundson Ave in Edina, MN. PARS Food Service Inc. /TJ's of Edina Restaurant is incorporated in the State of Minnesota. The Minnesota Secretary of State reports they are in good standing. Owners/Managers/Members Raku Inc.: President Mohammad Hassanzadeh Eden Prairie, MN The owners /managers /members have been investigated and were found to have no criminal records. Checks were made with the following agencies. NCIC MINCIS Hennepin County Minnesota Secretary of State Minnesota Liquor Control Board Personal, business and bank references were contacted and responded positively. From the information gathered during the course of the investigation, I found nothing to prevent PARS Food Service Inc. /TJ's of Edina Restaurant from obtaining an On -Sale Wine and 3.2 Malt Liquor license. I would support a positive recommendation from the Police Department in regard to the issuance of this license. Sgt. Nate Mendel #117 0 vb_�/ 10 i o e` Cl) 0 \" Pg REPORURECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV.G From: Cary Teague Planning Director ® Action Discussion Information Date: June 1, 2010 Subject: Resolution No. 2010 -36 Lot Division, 5500 & 5504 Halifax Lane ACTION REQUESTED: Final decision on a request for a Lot Division to shift the existing lot line that divides 5500 and 5504 Halifax Lane. INFORMATION /BACKGROUND: On April 28, 2010, the Planning Commission recommended approval of the Lot Division subject to the findings and conditions outlined in the Planning Commission Staff Report. Vote: 6 Ayes and 2 Nays. The Planning Commission added a condition that 5500 Halifax Lane be flagged referencing a variance concern. Staff would make a note in the street file and on the address in the computer permitting system. The Council continued this item for staff to work out setback issues for the north lot, and to notify the neighbor to the north. Upon further review of the required setbacks, staff has determined that the required side yard setback for this a new home would be 10 feet, and not 5 feet as indicated by staff at the last Council meeting. This is because the established lot width at the required setback is 77 feet. The setback would not be reduced just because of a portion of the lot is 66 feet wide. This would be similar to a lot on a cul -de -sac that has a varying lot width. The lot width at the required setback would determine the lot width and the required side yard setback in that instance, as it would be in the instance of the proposed lot line shift. As a result, the applicant has revised the survey to show the proposed new residence on the north lot with a 10 -foot side yard setback. (See attached.) Additionally, the "jog" in the lot line has been changed from an 11 -foot jog to a 7 -foot jog. L� The applicant requested that they notify the neighbor to the north, which they did by the attached letters. The applicant has not contacted staff with any questions regarding the proposal. ATTACHMENTS: See attached: Approving Resolution Revised Survey Letters to the adjacent resident RESOLUTION NO. 2010-36 City of Edina APPROVING A LOT DIVISION OF 5500 AND 5504 HALIFAX LANE WHEREAS, the following described tract of land is requested to be divided: DESCRIPTION OF PROPERTY SURVEYED 5500 Halifax Lane Lot 5, Block 3, Elmwood Terrace, Hennepin County Minnesota 5504 Halifax Lane Lot 4, Block 3, Elmwood Terrace, Hennepin County Minnesota WHEREAS, the owner of the described land desires to subdivide said tract in to the following described new and separate parcels (herein called "parcels ") described as follows: 5500 Halifax Lane The North 70.00 feet, and the South 7.00 feet of the North 77.00 feet of the East 50.00 feet of Lot 5, Block 3, Elmwood Terrace, Hennepin County, Minnesota. . 5504 Halifax Lane Lot 4, Block 3, Elmwood Terrace AND Lot 5, Block 3, Elmwood Terrace EXCEPT the following: The North 70.00 feet, and the South 7.00 feet of the North 77.00 feet of the East 50.00 feet of Lot 5, Block 3, Elmwood Terrace, Hennepin County, Minnesota. WHEREAS, the requested subdivision is authorized under Code Section 810 and it has been determined to comply with the Subdivision and Zoning Regulations of the City of Edina and do not interfere with the Subdivision and Zoning Regulations as contained in the Edina City Code Sections 810 and 850; NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, that the conveyance and ownership of the above described tracts of land as separate tracts of land are hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent permitted under Code Sections 810 and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent Ordinances of the City of Edina. Adopted this 1St day of June, 2010. ATTEST: T)Phra A Mane, City Clerk Tames B. Hovland. Mayer City Hall 952- 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com TTY 952- 826 -0379 RESOLUTION NO. 2010-36 Page Two STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 1, 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 300 ANCHOR BANK BUILDING 1055 EAST WAYZATA BOULEVARD WAYZATA, MD4NESOTA 55391 TELEPHONE: (952) 475 -1515 C . SCOTT MASS FACSIMILE: AEL: cs (952) csmassie@aol.com E -MAIL: csmassie @aol.com COUNSELOR AT LAW May 12, 2010 ilia Hand Delivery Mr. Brian Patty Ms. Janet Skalicky 5440 Halifax Lane Edina, MN 55424 Re: Lot Division Dear Mr. Patty and Ms. Skalicky: FOR YOUR INFORMATION I am an attorney, and I am working with Jeff and Linda Parell on a lot division with the City of Edina. The Parells are seeking to add to their lot approximately eleven feet of land on the south lot line of 5500 Halifax. The additional property or the reduction in the property will not affect the existing side yard setbacks of ten feet on the north and south lot lines. The Parells have sold sell the lot, and the purchaser will be required to adhere to the ten foot side yard setback requirements. You may recall that the house that was on the lot previously only had a four foot setback between the house and the property line bordering your property. We are sending you this notice as a courtesy. Please be advised that the Edina City Council will be addressing the Parells' request on Tuesday, May 18, 2010 at 7:00 p.m. If you have any questions regarding this matter, please contact myself or the City Planner, Cary Teague. Cary's phone number is 952- 826 -0460. Sincerely, C Qm m�- C. Scott Massie CSM/jk cc: Mr. and Mrs. Jeff Parell CACSWarell, Jeff Tatty & Skalicky.doc From:SCOTT 9524750311 05/2712010 16:11 #979 P.0021002 30 D ANCHOR HANK Bi7II Dom' 1053 prp,S'I' WAY�ATA 13OLT1.EVA1 * WAYZAT�►a NNNESOTA 3539 TPLEPHONE (952) 47- �+ T� f4CSMffLE (952) 475 QI 1 C c �COTT � J� r: F S= 1ViA�. csp�essieC�aol tong• COUNSEMR ATLA'W: J F:' idi Brian PA tty ... AAhilr: 1VJ:s �an8t SIM 4y j r :540 I Tallfax Lane _ - - - �dula, !VIN 55424 �.r iii .0 GoiincillyTeetin Re*� Ed a ' ty Ms: Dear 1VIz`: Patty:anl.. ka)1 ICY. :.Please be advised. that the Parells' lot; division matter ha': been moved to June .1., 2010 if have any .gilestions, please feel free to contact myself or Cary Teague Since e y, C: Scott Massie: . Cc. Iv1r:. Jef Pare ll G \C$M1P, arell;:7eftlPatt� Skaliclry (5;1410):doc 35 a, MINOR SUBDIVISION OF A Ae ; & socul s ENC. " p LAND SURVEYORS & 5504 HALIFAX LANE 727 OLD NORWAY B N.W. 2 .�Im W BRIGI1TpJ, MINNESOTA 55112 \ I 651- 631 -0351 LOTS 4 & 5, BLOCK 3, ELMWOOD TERRACE -� i - I em Fi:Xk6em1p 6 � erOpron06net wNw.kemprwTYeys aam CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA - ,L. CDT, TERRA 003 9[Al1wY 5 °� =P B ]NET Ell!v_6eD.4 ; mow\ 1 I 5.6 6643 nxss (SEE LEGAL DESCRIPTIONS BELOW) P� I ADJACENT RESIDENCE �, 3e.N FRONT OF EXISTING 5500 HALIFAX LANE oTNER 1 n 1 FLOOR ELF'- i O ,I Atx T nna E1EV -e] o sPalkE e I IN. E.- 10 FEET SECTION 19, T28N, R24W ]" SPR110E5 ee0 J - e]9.]e {.c I M .. . = -� NOTE: ARCHITECT AND CONTRACTOR T IeIOED $ F, BASIS Fa�ANNCs ,ExxEPN - TO VERIFY SETBACK REWIRENENTS L- NTH THE CITY OF EDINA AND -- - _ - - _ - N 8939• W 1750 -- -- of �&?�` - ¢R01iv.-P°L I ALA > �8� a . � MINNEHAHA CREEK WATERSHED e5].w - - - -- - - - � i L EASUMNENIS u11UENT = YPMTMExi DISTRICT. 3 - - - /� 4.20. ess.se - ti - - - - - - - - - 98 - _ � o" TAAA ei TRANSPoRTATOM NOTE: CONTRACTOR TO VERIFY f. PROPOSED HOUSE DIMENSIONS STONE Awwc R 78 8_ Yi 7.ss nn,e .' 6ASls r EIEYAnON: TOP PUT of FaLf .` ° !�I HEREON WITH ARCHITECTS PLANS g N iLL1"5 / n' BTA -- -- - l- 8 B7 _ , 11 ^ - TNiO�RRnEwsTlc0w1ER °F .Y �"' es1a6 / � -j .0.r E � - I a {90Sw n>aaz� en.°° x•uF•z Awu e NM STEET HEST. -. 11 PLOOOPWN NOTE 6565{ LO 6 a 41.00 Big 1 WATER (�ENEi![ONx4 SAIRECT PROPFATES UE VITHN 8000 Z S 616 ALis CAR WSW.. DEPEMxl9.) (AREAS OETEAUN. TO BE WttOE THE ." vN SANi x • t - -" i y - S ° 0.2x APINULL CNANCE FL°OORNN) AND "AE' TAR / I 1 LaTOF 9rTERVLL -t FOaT (AMU ROOD HAIANO AREAS SUBJECT To sEwER =TON =TON BY THE 1z ANNULL CHANCE A' I I I EAST uNE Y LOT 5 FL= E1EVAnwS ­IPM) AµCOro NG TO THC _..R t ` / T RAZE MAP CGUMUwtt 'PM ­=X" - ( _ n]a]O 86].59 n I.73 PROPOSED O00A EIF'._3B73.5 I I EiEV ie0ex I g ARx F4 nas]c�o36{ G OAIEO sEnTfuern t mw. e5nw HENNEPIx COWtt. u WE 11 THE BASE esa Bsz97 / I 8 I EXISTING LEGAL DESCRIPTIONS - PLO. ELEYAnw sx4Yw M nE WuN Tr EttE T F e I Q9� I 55011 HALIFAX LANE OF THE s116ECT PRaIDrnss s 863 x .• - n2/I S /09) w4 = W ea{.n es].oe ) N nww2 %D #I9 -028 -24-11 -0034 I28 -2kf VICINITY MAPT°YA9 REOPENED eealc OWNERS: EVFRETT d ANNE HICKEY WARRANTY DEED DOC. NO. 5556866 wG (NO SCALE) wALU w ea].ax 61t >1 xi E I RESIDENCE L I e s a>B,s _ 1 _ RET 8 G FOa1 1 ANEA_E]12 so. FT. I wOxMVOES AREw a FRONT Paw) I q •ry + • - 5504 HALIFAX LANE %D /19- 026 -24 -11 -0033 ZONING REQUIREMENTS ry S].30 v OWNERS: JEFFRY d UNDA PARELL A 295 I J • w NO. ZOO�CR 1 9th DN NG MIT dsToCT T TO ROODPWx LERWY DISTRICT ley 5 �] • i ' � w T 250 / I 15.00 � m Blsd< i bww66 T iroa x.wyh ey, MlmrwR u N MW LOT AREA 9.000 50. FT. PIBWTM LOT w - 75 F£ET 2 -1 ' lTawooD ° 75 I I ROP.. I)— Ar 1 �! a •f -.4e .Y AN.- .1 _TN - Im FEET - WRCEFROa I SLOPE -fi.{S 15" YAPIE I M9w6N LOT wDM TO PERIETIX RATO - O.i .t' I °e TEAR >.97 nT.02 F -1 { E3F'._9e3.60 I I 661.6 _ PROPOSED AREA SUMMARY MAwn61 9Alawc cONmA¢ - 25x B, I ss.e3 THE cOLawEa roTLL AREA ocaXNED BY ALL A 65e'O I 1O) e ) h 1 I1I..�__ I I PA I PROPOSED /5504 HALIFAX LANE _ ­ANY ACCESSORY BUtpNGS ANO SIRUCTlYS. OR9NARr wee E. ON. ATIAOED GARAGES, .- NOT �'; ��'�L o,w _ 11W° HausE I I z 6ezm 318,846 SO. FT. OR *0.43 ACRES (TO EDGE OF CREEK) E.- I OOo so FRONT OF 5504 HAUFAX LANE (T NL) .s' *18TO 50. FT. OR 30.42 ACRES YAxwlw HOWT - z s1ORI w w FTET, $ ' I s.61 I \ II TO ORDINARY HIGH WATER LEVEL ) a[NU 5 LESS euLDNC xre•ws (s /14 s /a) 48.50 »II � �> HOUSE FOOTPfiNT (,SSW) - x.T91 Sa. PI. - rea `13-s`,' FRONT - ]° FEET (w1EN YOY TH=N mz O THE PTHINTA6T ON 0.Y AN a A esn.m J b NXT.LwNO ese.4 a' eel ex s.3e PI,ARTPITID "a so ' Loam PAno w> LA s-TEVY aaLlaxrJ�rs nTONs naz °'/ ONT sTnEEr ,ETeAOIS OF MaRE r s ^ as s - - i a - s 93.85 s s� 8 I N 1H uxE of THE TH 7.00 FEET 0.F I D TOTAL Io rJO COVERAO - ].>sx 50. R. a LL35 THAx ]0 'IM". TE - 0. sfreAIX rc 30- caTr - - - - - - s - - - + n - - - m THE NaTI ].00 a LaT s > FEEi df Oe.. Ex °.ax °F LOT AR LA o L T G >D CREEK) f x° OF Lo AREA ro AYExACE slw, .( ss� � °•atBB�s x91Ew'i. �'+ - _ B6 >{ _ I - - _ _ o ,6 Asx � OR '��`/ SiM1CnAE5 0. Md°SMHS [��" RET.WHG - - - _4 THAT a ON TIE sue 9Y a "y ALLS - - - N 89 X02- W f1 9>T.0] NO e w o o eaeP.el -- G Ar -sew so. n wAU s sTfAS Nan+ 0.r HasE _ z33 so. 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Y 7 e vn 0.3 \ - • ••••••'• �l�Nw� Pe0FES9aAL /� 5428 HALIFAX LANE OEV. / MN 55424 / couaus ees.se Ne9av \ .Bes w. BI ELEV .66695 /' 4 ATE �,� r�oT6 95INA. - TOP OF -.AT. LFV -6806 I ,/� FAX 926 200 / ema 952 920-8098 B: tanyOlch Ouedershacom NmE UOIlE5 5xaw1 NFREa =S PFR �Y68fi / �' Y`n ADJACENT RESIDENCE 505 _IUHOO I LOT 3. ,L ;.E 2 CNOF»5 CERTIFICATE OF SURVEY ° °o:��T w3 `A ~M AR°AANy c w¢DFL°ORmB�pEVV ego 9 uniir PL�APSE NFL RaMD Q STME pE{NL 65, -.S0. -0002 �.s'A BE=(651-cw , I the PrIM9i ro NJr fxGVATa a CONSIMICTa _ 9 (o9179eR3.awD) 04/07/10 F2 tt ry i4 REPORPRECOMMEN DATION To: MAYOR AND COUNCIL Agenda Item Item No. IV. H. From: Wayne D. Houle, PE City Engineer ® Action Discussion Information Date: June 1, 2010 Subject: Resolution No. 2010 -44 Revise posted speed limit on W. 66th Street from TH -100 to Valley View Road ACTION REQUESTED: Authorize the Mayor to sign attached resolution reducing the speed limit signs to 30 mph on West 66th Street from TH -100 to Valley View Road. INFORMATION /BACKGROUND: This request was initiated by a petition from residents along West 66th Street. The request was originally brought before the City Council on February 16, 2010. The City Council then referred this to the Edina Transportation Commission (ETC). The ETC reviewed this request on March 18 and asked staff to do more research, see attached ETC Staff Report. Staff then presented our findings on May 20. The findings of this research concluded that the 35 mph signs were never authorized by the State of Minnesota, therefore the signs can be changed to 30 mph to be in conformance with State Statute for 30 mph speed limit within an urban district. ATTACHMENTS: A. Draft Resolution 2010 -44 B. Draft Minutes of May 20 ETC Meeting with Staff Report C. Minutes of March 18 ETC Meeting with Staff Report D. Staff Report to Council (Feb. 16, 2010) E. Traffic Safety Staff Review from March 8, 2007. m g:\ engineering) infrastructure \streets\traffic\studies\speed studies \west 66th street from th100 to valley view road\item iv h resolution no. 2010 -44 revise posted speed limit on w 66 st from th100 to vv rd.docx RESOLUTION NO. 2010 -44 REDUCING THE SPEED LIMIT ON WEST 66T" STREET BETWEEN TH -100 AND VALLEY VIEW ROAD WHEREAS, on February 6, CUe of Edina ry 2010, the City Council requested Edina Transportation Commission review residents' request to reduce the speed limit from 35 mph to 30 mph on West 66 Street between TH -100 and Valley View Road; and WHEREAS, after much research, the Minnesota Department of Transportation has not established a speed limit pursuant to an engineering and traffic investigation for this portion of roadway; and WHEREAS, West 66th Street between TH -100 and Valley View Road meets the definition of an urban district as defined in State Statue 169.011 subd. 90; and WHEREAS, State Statute 169.14 subd. 2 establishes the speed limit at 30 mph for an urban district; WHEREAS, the Edina Transportation Commission concurs with these findings per the May 20, 2010 Edina Transportation Commission Meeting; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina, authorizes the resigning of the speed limit signs on West 66th Street between TH -100 and Valley View Road from 35 mph to 30 mph. Dated: June 1, 2010 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 1, 2010, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20 City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com City Clerk 952 - 927 -8861 FAX 952 - 826 -0390 TTY 952 -826 -0379 MINUTES OF THE Edina Transportation Commission Thursday, May 20, 201 C Edina City Hall 4801 West 50th Street Council Chambers MEMBERS PRESENT: Usha Abramovitz, Tom Bonneville, Jennifer Janovy, Paul Nelson, Michael Schroeder, Josh Sprague, Jean White, Geof Workinger, Nathan Franzen MEMBERS ABSENT: Julie Sierks STAFF PRESENT: Jack Sullivan, Sharon Allison I. Call to Order The meeting was called to order by chair Janovy. Il. Approval of Minutes a. Regular Meeting of April 15, 2010 The following corrections were made: page 2, item V.a., remove brackets from ... "(even though the County is not in favor of bike lanesl;" page 3, item X, 'and' was added to "..local and collector..." Ill. Old Business a. 66th Street Speed Study Assistant city engineer Sullivan said a petition to lower the speed limit was received in 2007. At that time, the Traffic Safety Committee reviewed the request and forwarded it to the Council to approve a speed study. February 2010 it was forwarded to the ETC by Council for review and after discussion, the ETC passed a motion to table further discussion to allow staff to research adding bike lanes, changing road to Park designation, and clarification on state statute to determine when it is necessary for Mn /DOT to perform a speed study. Mr. Sullivan said staffs findings were as follows: • Adding bike lanes is not an acceptable solution because the road width is 28 ft. and Mn /DOT's Bikeway Manual recommends 6 ft. bike lanes and minimum travel lane width of 11 ft. Based on roadway width and Mn /DOT's requirement only 3 ft. remains for the bike lane. • Changing road to Park designation in not an acceptable solution. While state statute allows 20 mph on park roads, the roads must be fully located within the park and this is not the case with Rosland Park being adjacent to W. 66th Street. • The area is considered Urban District and if Mn /DOT had done a prior speed study, it would be necessary to do one again; however, because Mn /DOT does not have a speed study on file, and the lawful speed limit for an Urban District roadway is 30 mph, M the speed limit can be reduced from 35 mph to 30 mph without a speed study. Therefore, this is an acceptable solution. Mr. Sullivan said staff is recommending lowering the speed limit to 30 mph and if the ETC agrees with the recommendation, Council will need to adopt a resolution to do so. Mr. Sullivan said if the recommendation is acceptable, the resolution could be sent to Council by their June 1 meeting and if passed, re- signing of the new speed limit could be done before the pool at Rosland Park opens. He said in an effort to educate drivers of the new speed limit, the "Your Speed Is" monitor would be set up. The Commission asked questions of Mr. Sullivan about the road's right -of -way width to preserve right to have bike lanes, Blake Road's 5 ft. bike lane, 85th percentile speed of 38 mph and restriping to allow buffer between cars and cyclists, recounting after speed limit is reduced, consider merging traffic on the other side of Valley View for pedestrian safety at crosswalk, having two 11 ft. lanes and a left lane on the south side and tabling for BETF to review, and using signage in addition to reducing speed since the 30 mph may not slow vehicles. The Commission then revised the resolution. Commissioner Nelson motioned to accept staffs recommendation to "Recommend to the City Council adoption of the revised attached resolution lowering the speed limit on West 661 Street from 35 mph to 30 mph from TH 100 to Valley View Road." The motion was seconded by Commissioner White. All voted aye. Absent: Sierks Motion passed. IV. New Business a. Edina's GreenStep Cities Dianne Plunkett- Latham, chair of the Energy & Environment Commission, explained what GreenStep Cities was and how it relates to transportation. She explained that the program grew out of a 2009 report to the Legislature on what cities could do to help the State meet greenhouse gas reduction goals, and to improve economic, environmental, and social responsibility. She said it is a voluntary program that offers cost - effective, simple pathway leading to implementation of sustainable best practices that focus on greenhouse gas reduction. She said further that the Statewide GreenStep Cities are made up of various partnerships and five pilot cities, including the city of Edina. Ms. Plunkett- Latham explained that as a pilot city they are required to implement eight to ten best practices, of which there are 27, but they have selected 14, including Transportation. She said there are seven categories to choose from and one required — (1) Adopt a complete streets policy and modify street standards accordingly, which Edina minimally qualifies at this level because there is a Complete Streets plan in place for the arterial streets. She said if the ETC would like to do some things beyond the minimal qualification, and Council approves the steps, the ETC can choose two additional steps from the following six categories: 2) Document installation of trees and rain gardens or other green storm water infrastructures and sewer water pipe restorations as needed, as part of at least one street construction project. 3) Identify and remedy non - complete street segments (at least one existing non - complete segment) to better facilitate walking and biking. 2 e REPORT /RECOMMENDATION To: EDINA TRANSPORATION Agenda Item Item No. IV.B COMMISSION From: Jack Sullivan ® Action Assistant City Engineer Discussion Date: March 18, 2010 Information Subject: 66th Street Speed Study ACTION REQUESTED: Recommend to the City Council that the Mayor sign the attached resolution r e questmg that the Commissioner of Transportation perform a speed study on West 66th Street from TH 100 to Valley View Road. INFORMATION /BACKGROUND: Eight residents who live on or near 66th Street petitioned the City in 2007 to reduce the speed limit on W. 66th Street between Valley View Road and Highway 100 from the current posting of 35 mph to 30 mph. Refer to the Traffic Safety Staff Review from March 8, 2007 for details regarding the request. Updated vehicle data is as follows: • 2008: 4600 Average Daily (ADT) with a 85% speed of 39.1 mph • 2009: 5551 ADT with 85% speed of 33.1 mph Since 66th Street is a State -Aid route, the City of Edina cannot lower the speed without an speed study performed by the Commissioner of Transportation. ATTACHMENTS: Please see Resolution 2010 -27 and the Traffic Safety Staff Review from March 8, 2007. Y 11 RESOLUTION NO. 2010 27 REQUESTING THE COMMISSIONER OF TRANSPORTATION PERFORM A SPEED STUDY ON WEST 66TH STREET FROM TH100 TO VALLEY VIEW ROAD City of Edina WHEREAS, West 66th Street is a Municipal State Aid route located in Edina; and WHEREAS, the speed limit on West 66th Street is 35 mph; and WHEREAS, West 66th Street is primarily located in a residential setting; NOW THEREFORE, BE IT RESOLVED that the Council is requesting that the Commissioner of Transportation perform a speed study on West 66th ,Street from TH100 to Valley View Road for consideration of reducing the speed limit to 30 mph. Dated: February 16, 2010 Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) James B. Hovland, Mayor CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 16, 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 City Hall 952 -927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com TTY 952 - 826 -0379 CE TRAFFIC SAFETY STAFF REVIEW Thursday, March 8, 2007 The staff review of traffic safety matters occurred on March 8, 2007. Staff present included the City Engineer, Assistant City Engineer, City Planner, Traffic Safety Coordinator and Chief of Police. From that review, the recommendations below are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were also informed that if they disagree with the recommendation or have additional facts to present, they can be included on the March 20, 2007 Council Agenda. SECTION A: Requests on which staff recommends approval: 1. Request to restrict parking in the off - street parking area on Kellogg Avenue just to the north of Valley View Road (northwest corner of intersection). Request comes from a resident on Kellogg Avenue who is concerned with vehicles parking in this area for long periods of time, including overnight. The area in question is a small cut -back parking area with eight striped parking spaces directly across from 6133 Kellogg Avenue. There are currently no parking restrictions in this area. The 6100 block of Kellogg Avenue is restricted to "One Hour Parking Monday Thru Friday 8 AM to 4 PM." These restrictions apply to both sides of the street. The small parking area in question allows customers of the corner businesses to park for more than one hour. The "One Hour" restriction on the 6100 block of Kellogg Avenue was approved by the City Council on September 16, 1996, at the request of residents via petition. Residents expressed concern that parking during the daytime was fully utilized on the south half of the block. Residents further stated that many times these parked vehicles infringed on their driveways. After further study and review by the Traffic Safety Advisory Committee, staff recommends the following: Traffic Safety Staff Review March 8, 2007 Page 1 of 5 Staff recommends that siens be Posted in the small cut -back varkine area on the northwest corner of Kelloee Avenue and Valley View Road with the followine restrictions: "No Parking 10 PM to 8 AM. 2. Request to reduce the speed limit on W. 66`h Street between Valley View Road and Highway 100 from its current posting of 35 MPH to 30 MPH. Request comes from a resident in the 4200 block of west 66`h Street with a petition signed by seven other homeowners. These residents are concerned with the speed and the volume of vehicles traveling along 66`h Street at speeds of 35 MPH and higher. Requestor states that other streets in the area ( W. 64th Street, Valley View Road, W. 70`h Street and East Frontage Road) are all posted 30 MPH. Requestor sees no reason to have an increased speed limit along this small stretch of roadway (speed is reduced to 30 MPH west of Highway "100). Requestor also cites the high volume of pedestrians in the area due to its unique location (Rosland Park, play ground, swimming pool and Lake Cornelia), all attracting a large number of visitors, walkers, bikers and joggers. A large number of pedestrians, mostly children, cross W. 66th Street to get to the park. Requestor states that the sidewalk along W. 66th Street is extremely close to the road which could possibly cause a dangerous situation. W. 66th Street, east of Valley View Road is a divided four lane roadway with a posted speed limit of 30 MPH that chokes down to two lanes immediately west of Valley View Road where the speed limit increases to 35 MPH. The average Monday thru Friday daily traffic count on this section of W. 66th Street is 6,234 with an 85`h percentile speed of 38.1 MPH. There have been nine reported traffic accidents from 2000 -2005 (4- injury and 5- property damage). No pedestrian accidents have been reported. Statistics for 2006 to the present have not yet been obtained. Staff checked records as far back as 1975 and could not find a date when the 35 MPH speed limit had been established. A similar request was made in June of 1999 and was denied (staff felt that the 35 MPH speed was appropriate and requested that the police department step up enforcement). W. 66`h Street between Valley View Road and Highway 100 is classified as a city "Collector" street. Changing speed limits on city streets must be authorized by the Minnesota Department of Transportation. After much study and review, staff recommends the following: Traffic Safety Staff Review Page 2 of 5 March 8, 2007 Staff recommends that the City of Edina make a formal request to Highway 100 to determine a safe drivine speed while achieving maximum traffic flow. Request to reduce the speed limit on Vernon Avenue between Villa Way and View Lane from the current posting of 40 MPH to 30 MPH. This request comes from two residents (one on Glengarry Pkwy. and another on Schaefer Road). Both residents feel that the higher speed limit on this stretch of Vernon Avenue is not needed. W. 50`h Street/Vemon Avenue has a speed limit of 30 MPH from France Avenue to Villa Way. The speed limit increases to 40 MPH from Villa Way west to View Lane. Speeds reduce back to 30 MPH west of View Lane. Staff has checked records back to 1975 and was unable to find a date when this speed limit was established. Both residents feel that the additional speed is not needed and that it only increases accident severity. Vernon Avenue (County Road 158) is classified as an "A" Minor Arterial Reliever Street. It has a Monday thru Friday average daily traffic count of 10,400 vehicles with an 85`h percentile speed of 44.5 MPH (in 40 MPH zone). There have been 25 reported accidents in the 40 MPH zone from 1/1/2000 to 6/17/06. Accidents are broken down as follows: 4 Injury accidents 6 Possible injury accidents 15 Property damage accidents There were 17 accidents, during the same time period, reported in the 30 MPH zone east of Villa Way: 1 Injury accident 2 Possible injury accidents 14 Property damage accidents There were 6 accidents, during the same time period, reported in the 30 MPH zone west of View Lane: Possible injury accident Property damage accidents Traffic Safety Staff Review Page 3 of 5 March 8, 2007 Requestor further states that the 40 MPH zone on Vernon Avenue is in an area where there are hills, curves and residences with blind drives. Requestor states that the 40 MPH portion of Vernon Avenue is only 1.3 miles long and it takes approximately 156 seconds to traverse this distance at 30 MPH. It takes approximately 117 seconds at 40 MPH (not verified by staff). Requestor states that legislation enacted in 2006 (169.224) permits "Neighborhood Electric Vehicles" to be operated on roadways with posted speed limits of 35 MPH or less. He states that such vehicles are becoming popular in Edina and preventing them from using Vernon Avenue poses an unfair burden on those seeking to reduce the use of imported fuel and to help preserve our environment. After much study and review, staff recommends the following: Staff recommends that the City of Edina make a formal request to the Minnesota Department of Transportation, through Hennepin Coun to conduct a traffic speed study on Vernon Avenue between Villa Way and View Lane to determine a safe driving speed while achievine maximum traffic flow. SECTION B: Requests on which staff recommends denial of request: 1. Request to evaluate the intersection of Code Avenue and W. 56th Street and add some type of advanced warning sign to alert drivers to a blind intersection. Requestor is a resident on Code Avenue who states he has witnessed near accidents at the intersection of Code Avenue and W. 56th Street from northbound vehicles. Requestor feels that this intersection is "blind" and that some type of warning signs should be installed to alert drivers. Code Avenue is a 26 -foot wide city street with an average Monday thru Friday daily traffic count of 1,096 vehicles. Code Avenue has no curb, gutter or sidewalks. Code Avenue is a through street at the intersection of W. 56th Street. Code Avenue has a slight downhill grade south of W. 56th Street. There have been no reported accidents since 2000. Traffic Safety Staff Review Page 4 of 5 March 8, 2007 M � j W. 56" Street is a 26400t wide city street with no curb, gutter or sidewalks. It has an average Monday thru Friday daily traffic count of 823 vehicles with an 85h percentile speed of 29.5 MPH. W. 56`h Street at Code Avenue is controlled with a two -way stop. There have been no reported accidents since 2000. Code Avenue at W. 56h Street is a controlled intersection. Sight lines are adequate for anyone who uses due caution while approaching from all directions. The grade on Code Avenue to the south of W. 56`x' Street is not steep enough to wan-ant an advanced hill warning sign. SECTION C: Requests that are deferred to a later date for referred to others. None for March 8, 2007 meeting. Traffic Safety Staff Review Page 5 of 5 March 8, 2007 MINUTES OF THE e Edina Transportation Commission Thursday, March 18, 2010 n� y Edina City Hall 4801 West 50th Street Council Chambers MEMBERS PRESENT: Goof Workinger, Jennifer Janovy, Tom Bonneville, Jean White, Michael Schroeder, Julie Sierks, Usha Abramovitz, Nathan Franzen, Paul Nelson, Josh Sprague MEMBERS ABSENT: STAFF PRESENT: Jack Sullivan, Sharon Allison I. Call to Order II. Comments a. Chairman Comments Chair Workinger reported that the City Council and commissions members, including three to Nathan Franzen, Josh Sprague and Paul Nelson. b. Community Comments None. recently appointed over 35 new board the ETC. They were introduced as III. Acceptance of Meeting Summary a. Regular Meeting of February 18, 2010 One correction was made to page 3, New Business — "Acting -chair Janovy suggested reviewing the idea of creating bylaws." Commission Bonneville motion to approve the meeting summary with the correction and it was seconded by Commissioner Janovy. The minutes of January 21, 2010 was also motioned for approval by Commission Bonneville and seconded by Commissioner Abramovitz. IV. New Business a. MnPass (Heidi Rudh) Ms. Rudh explained that MnPass Express Lanes are carpool lanes that can be used by cars, motorcycles, buses, etc. to increase the efficiencies of a roadway by giving solo drivers the opportunity to use carpool lanes for a fee (maximum is $8.00). After setting up on account, the average user uses the carpool lane at least twice monthly. Ms. Rudh explained further that the hours of operation are 6:00 -10:00 a.m. driving into downtown Minneapolis and 2:00 -7:00 p.m. leaving downtown. The fees generated are used for lane maintenance. Chair Workinger suggested working with our Communications Department to create a short segment for broadcast on our cable channel. b. 66th Street Speed Study Assistant city engineer Sullivan explained that a petition was received in 2007 requesting that the speed limit be reduced on 66th Street between Valley View Road and TH -100; and the Cit, Council has referred it to the ETC for review and recommendation. Mr. Sullivan explained that the roadway is currently signed 35 mph to Sherwood, and then it goes down to 30 mph. He said the roadway was originally an entrance to TH -100 and most likely carried more vehicles than it does today. He said there are sidewalks in place and a Roslyn Park nearby. Mr. Sullivan explained further that a speed study is required by Mn /DOT to be consistent with state statue and also because of the roads unique designation of "rural /residential district' bounded on each side by "urban district." Data gathered shows that in 2005 there were 6,233 vehicles traveling at 38.1 mph; 2009 had 5,551 vehicles traveling at 33.9 mph; and most recent data in 2008 shows 4,600 vehicles traveling at 39.1 mph. Mr. Sullivan said given that the average speed is between 35-40 mph, Mn /DOT could reduce the speed to 30, leave it as is, or increase it. He said they study could be done this summer. Mr. Scott Solberg, 4201 W. 66th Street (petitioner) said his primary concern is safety and that walking is dangerous because of the high speed. He said currently, there have been no accidents, but he is concerned that the discussion to reduce W. 701h Street to 25 mph could cause traffic to increase on 66th Street and, if W. 70th can be reduced to 25 mph, why not 30 mph on W. 66th Street. After discussion, Commissioner Bonneville motioned that they recommend procedures to change the roadway to a park road and include signage similar to those in school zones for traffic to slow down when pedestrians are present, and to use this as a potential strategic way of handling other park problems within the City. The motion was seconded by Commissioner Janovy with an amendment that the motion be tabled pending further information on the discussion. Further discussion ensued and Commissioner Bonneville agreed to withdraw his motion until more information can be obtained. Commissioner Sprague motioned to table the resolution pending further investigation. The motion was seconded by Commissioner White. Commissioner Franzen requested an amendment to have staff study the options discussed (park road designation /urban district or rural /designate as park zone). The amendment was accepted. Rollcall: Ayes: Abramovitz, Bonneville, Franzen, Janovy, Nelson, Schroeder, Sprague, White, Workinger Absent: Sierks Motion carried rolicall vote. Staff will bring this back to the ETC in April and chair Workinger asked that they do not begin discussion until all requested information is available. c. Introduction to the Edina Transportation Commission Assistant City Engineer Sullivan recommended that this be tabled for a later meeting. He said the intent is to explore the purpose of the ETC, including possibly hearing from residents. Chair F r � oe REPORT /RECOMMENDATION To: EDINA TRANSPORATION Agenda Item Item No. III.A COMMISSION From: Jack Sullivan�5 ® Action Assistant City Engineer Discussion Information Date: Original: March 18, 2010 Revised: May 20, 2010 Subject: West 66th Street Speed Study ACTION REQUESTED: Recommend to the City Council adoption of the attached resolution lowering the speed limit on West 66th Street from 35 mph to 30 mph from TH 100 to Valley View Road. INFORMATION /BACKGROUND: This issue was first brought to the Traffic Safety Committee (TSC) in 2007 by eight residents who live on or near West 66th Street. Their request was to lower the speed limit on West 66th Street between Highway 100 and Valley View Road from the current posting of 35 mph to 30 mph. (Attachment A) The recommendation of the TSC was to request that the Minnesota Department of Transportation (MnDOT) perform a speed study along West 66th Street from TH 100 to Valley View Road for consideration of reducing the speed limit from 35 to 30 mph. A resolution requesting the speed study from MnDOT was presented to the Council on February 16, 2010 and Council directed the issue to the ETC. At the March 18, 2010 ETC meeting, a motion was made to table the issue to allow further research on the possibility of adding bike lanes, changing the road to a park designation and clarification of the state statutes. Characteristics of West 66th Street: • Street is 28 foot wide, two lane roadway (Attachment H) • Posted speed is 35 mph (Attachment F) • Traffic Volumes: (Attachment G) - 2005 6233 ADT with 85% speed of 38.1 mph (east of Southdale Road) - 2009: 5551 ADT with 85% speed of 33.1 mph (east of Southdale Road) - 2008: 4600 Average Daily (ADT) with a 85% speed of 39.1 mph (west of Cornelia Drive) Scenarios reviewed by staff: Adding Bike Lanes — State statute 160.263 subd. 4. allows a reduction in the speed limit to 25 mph on streets with signed and marked bike lanes meeting MnDOT guidelines. The road width is 28 feet wide with an average daily traffic (ADT) of 5551 vehicles. According to the MnDOT Bikeway Facility Design Manual, bike lanes should be 6 feet wide (with a minimum continuous width of 3 feet) for the observed traffic volumes. State Aid standards require a minimum lane width of 11 feet. That leaves only 3 feet to the face of the curb. However, the curb is 1.5 feet wide. This produces only a 1.5 foot minimum continuous width for bicycles. (Attachment H) This extremely narrow, 1.5 foot lane, is not acceptable by State -Aid standards. Therefore, bike lanes are not a safe or acceptable solution for this roadway. Park Road Designation — State statute 169.14 subd. 5e. allows speed limits on park roads to be lowered to 20 mph or to reduce the existing speed limits by no more than15 mph. The intent of the "speed limit on park road" statute is to establish speed limits on roadways located completely within a park. This designation does not fit West 66th Street as it is adjacent to a city park. The land on the south side of West 66th Street is owned by the City but is not actively used for any park purpose. Therefore, the City cannot use state statute "park road" language as a means to legally lower the speed limit. MnDOT Speed Study — State statute 169.14 subd. 5b. allows for a reduction in the speed limit to 30 mph when the roadway is in an "urban district' as defined in the statute. There are two criteria that must be reviewed when using this statue. _ 1. Has a speed study already been conducted by MnDOT ?_ _ _ 2. What is the definition of the roadway according to state statute 169.011? Criteria No. 1 - MnDOT has confirmed that they do not have a record of any speed zone authorization for West 66th Street. Staff has also exhausted our research and has not found a speed study on file. In the absence of a speed study established by MnDOT, the City does not need to follow the process outlined in MN Statute 169.14 Subd. 5b to request a speed study by MnDOT to lower the speed limit. a/16 Criteria No. 2 — This section of roadway is made up of two urban districts on either end with a unique section of causeway in the middle. It is the interpretation of staff and MnDOT that this causeway is an extension of the urban district on either side which makes this an urban district corridor. (Attachment 1) The City is therefore able to use the urban district definition set forth by the State Statute 169.011 subd. 90 to set the speed limit at 30 mph on West 66th Street from Highway 100 to Valley View road without a speed study by the State. A resolution by City Council will be needed to authorize the 30 mph speed limit from TH 100 to Valley View Road. Conclusion: It is staffs recommendation to lower the speed limit to 30 mph as it is the lawful speed for an urban district as outlined in state statue, for consistency with similar streets within the city and as this section of roadway is adjacent to Rosland Park. The attached resolution would be forwarded to City Council on June 1, 2010 with the draft minutes from the May 20, 2010 ETC meeting, if so desired by the ETC. (Attachment E) If Council adopts the resolution and the speed limit is lowered to 30 mph staff suggests that the Public Works and Police staff will install notification flags on the new signage as well as place the mobile speed trailer on the corridor to notify motorists of the revised speed limit. ATTACHMENTS: A. Neighborhood Traffic Management Plan Application Form (Feb. 28, 2007) B. Staff Report to ETC (March 18, 2010) C. Staff Report to Council (Feb. 16, 2010) D. Traffic Safety Staff Review from March 8, 2007. E. Draft Resolution 2010 -XX F. Posted speed limit G. Traffic volumes H. Bike lane sketch I. Roadway footage sketch 31)6 Neighborhood Traffic Management Plan Application Form Contact Name: Address: 'Day /Message Phone: Today's Date: 'E -mail Address: VT )., 6 y;_olC✓GG►�s. 07 Please indicate traffic issues that concern residents in your neighborhood: ❑ Speeding ❑ Traffic Volumes ❑ pedestriAn /Bicycle Safety ❑ Other: CRY OF EDINA Engineering Department 4801 West 50 Street Edina, Minnesota 55424 -1394 (952) 826 -0371 www.cityofedina.com 0 Suggested Traffic Calmin-§ Measures (See Appendix B of the Transportation Commission Policy, rank, No. 1 is most favored): Proposed Location from: lJo l 1p //, eA,-., R a .-d to / tw y /0 d (street name) rT— (street name) on vltr��-1� (street name) please We, the undersigned, as residents, hereby request the evaluation of the traffic management device listed above. We understand we may be assessed for the cost for the device. Please list all addresses in the potentially benefited area. One signature per household or business. Date Name lease print) Address n S1 na re 3 I a- 114A4e1,5 X A­0E'P-saJ 6 oo Co,e)EG'A D2,'v4- 3 0 ' D m r 14311 Cor li 6 i rc,i-e_ Lot( (et"erselil 4,513 0-7 el- 4_z� G'.► i �E ' 3 o Qr cir¢{' ►cIbLe- 41011 &rneG�'Dr 313/d cta� to o 6 Ce-►-nl &C- 3 s A�.S P_A ► 6 4 b L4 S6w4h 2— Page I of _ Please return the completed application form to the Engineering Department at the address noted above. The Minnesota Data Practices Act requires that we Inform you of your rights about the private data we are requesting on this form. Under the law, your telephone number Is private data. This application when submitted will become public Informatlon. There is no consequence for refusing to supply this Information. Edina NTMP Application Form- April 2005 `/16 x`110 A--qCeCk#1A.e&.-#4— 7j REPO RT/RECOMMEN DATIO N To: EDINA TRANSPORATION COMMISSION Agenda Item Item No. IV.B From: Jack Sullivan Assistant City Engineer ® Action Discussion Information Date: March 18, 2010 Subject: 66th Street Speed Study ACTION REQUESTED: Recommend to the City Council that the Mayor sign the attached resolution requesting that the Commissioner of Transportation perform a speed study on West 66th Street from TH 100 to Valley View Road. INFORMATION /BACKGROUND: Eight residents who live on or near 66th Street petitioned the City in 2007 to reduce the speed limit on W. 66th Street between Valley View Road and Highway 100. from the current posting of 35 mph to 30 mph. Refer to the Traffic Safety Staff Review from March 8, 2007 for details regarding the request. Updated vehicle data is as follows: • 2008: 4600 Average Daily (ADT) with a 85% speed of 39.1 mph • 2009: 5551 ADT with 85% speed of 33.1 mph Since 66th Street is a State -Aid route, the City of Edina cannot lower the speed without an speed study performed by the Commissioner of Transportation. ATTACHMENTS: Please see Resolution 2010 -27 and the Traffic Safety Staff Review from March 8, 2007. S11b REPORT /RECOMMENDATION To: Mayor & City Council From: Wayne D. Houle, PE City Engineer Date: February 16, 2010 Subject: Request Commissioner of Transportation to Perform Speed Study of W. 66th St. from TH100 to Valley View Rd. Agenda Item Consent Information Only Mgr. Recommends Action 14 Hekc L /ke i j 4- C # IV. F. ❑ To HRA ® To Council ® Motion ® Resolution ❑ Ordinance Discussion Recommendation: Authorize the Mayor to sign attached resolution requesting that the Commissioner of Transportation perform a speed study on West 66th Street from TH 100 to Valley View Road. Info /Background: In the March 8, 2007, Traffic Safety Report, a recommendation was made to request that the Minnesota Department of Transportation (MNDOT) perform a speed study along West 66th Street from TH100 to Valley View Road for consideration of reducing the speed limit from 35 to 30 mph. Changing speed limits on city streets must be authorized by MNDOT. Attached is a copy of the March 8, 2007, Traffic Safety Report. g:lengineeringl infrastructure lstreetsltrafric\.studieslspeed studieslwest 66th street from th100 to valley view road120100216 council request rrform.doc �'/, 6 _L few. jj�; A CkMew�- TRAFFIC SAFETY. STAFF REVIEW Thursday, March 8, 2007 The staff review of traffic safety matters occurred on March 8, 2007. Staff present included the City Engineer, Assistant City Engineer, City Planner, Traffic Safety Coordinator and Chief of Police. From that review, the recommendations below are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were also informed that if they disagree with the recommendation or have additional facts to present, they can be included on the March 20, 2007 Council Agenda. SECTION A: Requests on which staff recommends approval: 1. Request to restrict parking in the off -street parking area on Kellogg Avenue just to the north of Valley View Road (northwest corner of intersection). Request comes from a resident on Kellogg Avenue who is concerned with vehicles parking in this area for long periods of time, including overnight. The area in question is a small cut -back parking area with eight striped parking spaces directly across from 6133 Kellogg Avenue. There are currently no parking restrictions in this area. The 6100 block of Kellogg Avenue is restricted to "One Hour Parking Monday Thru Friday 8 AM to 4 PM." These restrictions apply to both sides of the street. The small parking area in question allows customers of the corner businesses to park for more than one hour. The "One Hour" restriction on the 6100 block of Kellogg Avenue was approved by the City Council on September 16, 1996, at the request of residents via petition. Residents expressed concern that parking during the daytime was fully utilized on the south half of the block. Residents further stated that many times these parked vehicles infringed on their driveways. After further study and review by the Traffic Safety Advisory Committee, staff recommends the following: Traffic Safety Staff Review Page 1 of 5 March 8, 2007 7�6 Staff recommends that signs be posted in the small cut -back parking area on the northwest corner of Kellogg Avenue and Valley View Road with the following restrictions: "No Parking 10 PM to 8 AM. 2. Request to reduce the speed limit on W. 66th Street between Valley View Road and Highway 100 from its current posting of.35 MPH to 30 MPH. Request comes from a resident in the 4200 block of west 66`h Street with a petition signed by seven other homeowners. - These residents are concerned with the speed and the volume of vehicles traveling along 66`, Street at speeds of 35 MPH and higher. Requestor states that other streets in the area ( W. 64`h Street, Valley View Road, W. 70th Street and East Frontage Road) are all posted 30 MPH. Requestor sees no reason to have an increased speed limit along this small stretch of roadway (speed is reduced to 30 MPH west of Highway 100). Requestor also cites the high volume of pedestrians in the area due to its unique location (Rosland Park, play ground, swimming pool and Lake Cornelia), all attracting a large number of visitors, walkers, bikers and joggers. A large number of pedestrians, mostly children, cross W. 66`h Street to get to the park. Requestor states that the sidewalk along W. 66`h Street is extremely close to the road which could possibly cause a dangerous situation. W. 66th Street, east of Valley View Road is a divided four lane roadway with a posted speed limit of 30 MPH that chokes down to two lanes immediately west of Valley View Road where the speed limit increases to 35 MPH. The average Monday thru Friday daily traffic count on this section of W. 66th Street is 6,234 with an 85th percentile speed of 38.1 MPH. There have been nine reported traffic accidents from 2000 -2005 (4- injury and 5- property damage). No pedestrian accidents have been reported. Statistics for 2006 to the present have not yet been obtained. Staff checked records as far back as 1975 and could not find a date when the 35 MPH speed limit had been established. A similar request was made in June of 1999 and was denied (staff felt that the 35 MPH speed was appropriate and requested that the police department step up enforcement). W. 66th Street between Valley View Road and Highway 100 is classified as a city "Collector" street. Changing speed limits on city streets must be authorized by the Minnesota Department of Transportation. After much study and review, staff recommends the following: Traffic Safety Staff Review Page 2 of 5 March 8, 2007 04 0 A- #r,. c .4- 1 Staff recommends that the City of Edina make a formal request to Highway 100 to determine a safe driving speed while achieving maximum traffic flow. 3. Request to reduce the speed limit on Vernon Avenue between Villa Way and View Lane from the current posting of 40 MPH to 30 MPH. This request comes from two residents (one on Glengarry Pkwy. and another on Schaefer Road). Both residents feel that the higher speed limit on this stretch of Vernon Avenue is not needed. W. 50`, Street/Vernon Avenue has a speed limit of 30 MPH from France Avenue to Villa Way. The speed limit increases to 40 MPH from Villa Way west to View Lane. Speeds reduce back to 30 MPH west of View Lane. Staff has checked records back to 1975 and was unable to find a date when this speed limit was established. Both residents feel that the additional speed is not needed and that it only increases accident severity. Vernon Avenue (County Road 158) is classified as an "A" Minor Arterial Reliever Street. It has a Monday thru Friday average daily traffic count of 10,400 vehicles with an 85h percentile speed of 44.5 MPH (in 40 MPH zone). There have been 25 reported accidents in the 40 MPH zone from 1/1/2000 to 6/17/06. Accidents are broken down as follows: 4 Injury accidents 6 Possible injury accidents 15 Property damage accidents There were 17 accidents, during the same time period, reported in the 30 MPH zone east of Villa Way: 1 Injury accident 2 Possible injury accidents 14 Property damage accidents There were 6 accidents, during the same time period, reported in the 30 MPH zone west of View Lane: 1 Possible injury accident 5 Property damage accidents Traffic Safety Staff Review Page 3 of 5 March 8, 2007 9�6 A#aaO%jeV.+7 Requestor further states that the 40 MPH zone on Vernon Avenue is in an area where there are hills, curves and residences with blind drives. Requestor states that the 40 MPH portion of Vernon Avenue is only 1.3 miles long and it takes approximately 156 seconds to traverse this distance at 30 MPH. It takes approximately 117 seconds at 40 MPH (not verified by staff). Requestor states that legislation enacted in 2006 (169.224) permits "Neighborhood Electric Vehicles" to be operated on roadways with posted speed limits of 35 MPH or less. He states that such vehicles are becoming popular in Edina and preventing them from using Vernon Avenue poses an unfair burden on those seeking to reduce the use of imported fuel and to help preserve our environment. After much study and review, staff recommends the following: Staff recommends that the City of Edina make a formal request to the Minnesota Department of Transportation, through Hennepin Coun to conduct a traffic speed study on Vernon Avenue between Villa Wav and View Lane to determine a safe driving speed while achieving maximum traffic flow. SECTION B: Requests on which staff recommends denial of request: 1. Request to evaluate the intersection of Code Avenue and W. 56th Street and add some type of advanced warning sign to alert drivers to a blind intersection. Requestor is a resident on Code Avenue who states he has witnessed near accidents at the intersection of Code Avenue and W. 56th Street from northbound vehicles. Requestor feels that this intersection is "blind" and that some type of warning signs should be installed to alert drivers. Code Avenue is a 26 -foot wide city street with an average Monday thru Friday daily traffic count of 1,096 vehicles. Code Avenue has no curb, gutter or sidewalks. Code Avenue is a through street at the intersection of W. 56th Street. Code Avenue has a slight downhill grade south of W. 56th Street. There have been no reported accidents since 2000. Traffic Safety Staff Review Page 4 of 5 March 8, 2007 10/ I� h4c�014-&A.11004--D W. 56`h Street is a 26 -foot wide city street with no curb, gutter or sidewalks. It has an average Monday thru Friday daily traffic count of 823 vehicles with an 85h percentile speed of 29.5 MPH. W. 56`x' Street at Code Avenue is controlled with a two -way stop. There have been no reported accidents since 2000. Code Avenue at W. 56th Street is a controlled intersection. Sight lines are adequate for anyone who uses due caution while approaching from all directions. The grade on Code Avenue to the south of W. 56`x' Street is not steep enough to warrant an advanced hill warning sign. SECTION C: Requests that are deferred to a later date for referred to others. None for March 8, 2007 meeting. Traffic Safety Staff Review Page 5 of 5 March 8, 2007 �$ -k Ck µ e N --f- RESOLUTION NO. 2010 -XX REDUCING THE SPEED LIMIT ON WEST 66TH STREET BETWEEN TH -100 AND VALLEY VIEW ROAD WHEREAS, on February 16, 2010, the City Council requested the Edina Transportation Commission review residents' request to reduce the speed limit from 35 mph to 30 mph on West 66th Street between TH -100 and Valley View Road.; and WHEREAS, the Edina Transportation Commission has determined that State Statute 169.011 subd. 90 allows the City Council to set the speed limit, at 30 mph because the Minnesota Department of Transportation does not have a speed limit established for this portion of roadway; NOW THEREFORE, BE IT RESOLVED,_that the City Council of the--,-.City of Edina, has reduced the speed limit on West 66th Street -between7T.H -100 and Valley View Road from 35 mph to 30 mph. Dated: June 1, 2010 Attest: Debra A. Mangen, Cify- lerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA CERTIFICATE OF CITY CLERK I, the unddsigned duly appointed and acting City Clerk for the City of Edina do hereby certify that ft attached a,nd foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 1, 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 i�"� '. 4 i. 'i�Mrn.... �.� ,;. i r .�•� ;:r' +I+ri7 i Y, t f e-,lm ,i.•• i"' IN ! it :� Y ��eg - v.. ... �• _ � „��• r � P 8�.� -' Yr'?1 7Y � � + f y ;i ON�: r ." akk;{/ st'• :u + ^ . %i ?fro �� l xw "fig 00 r< ad�1 rf ® � mom ' F. ,•q M $,yam �" ^* (�' 1 .I � , � } ,j ti•�;. 1 [ ' � � -. .a � I ov �; . �� - � � '. �. � j •'�' ' � � �r , ., v _ 'W r•.11 �.• fir. 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L A. e w ; r.L+L 1 0 4; W dw0� ® MANV °T tV,; ke w 4 y .LAS i�j Aj AA of AJ 0 / C 40 mo e,; cle- rocs oe J t ''' .� rte,.. -s iY - ,.t,;5 '`' .. _• _. �, yx ._.- " /J s.� s� ij err �p Y�•. v� '�4. � , �q`,+ r;L i i � � �� � � r.� 1 �y � �" „'` �i � M� {+" �Y � �,�, �4'�.y �i '4; ..' .. � "t -�'�. +f � �E9�1 „:,•w .. � _. ..ate �,.,�4 ,k +YC '' .�,��1 � � � v� � •� IL NNI v A * •y /1 .i/ 'fit :.9a IIPIY I •sFi r 3, _..v.M". 4 t - •ter ♦•' - ...', - 62,E w __ i 1 0 •i # 1 `! 1 , "^ � M ,`'d .,r � --f�' -�,,_ � /x••16. �� �' s fi� � `gyp �., � •�` �� � •va ���•` Ft A � I • • I t M REPORT /RECOMMENDATION To: Mayor & City Council From: Wayne D. Houle, PE City Engineer Date: February 16, 2010 Subject: Request Commissioner of Transportation to Perform Speed Study of W. 66"' St. from TH100 to Valley View Rd. Agenda Item # IV. F. Consent Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ® Motion ® Resolution Ordinance Discussion Recommendation: Authorize the Mayor to sign attached resolution requesting that the Commissioner of Transportation perform a speed study on West 66"' Street from TH100 to Valley View Road. Info /Background: In the March 8, 2007, Traffic Safety Report, a recommendation was made to request that the Minnesota Department of Transportation (MNDOT) perform a speed study along West 66"' Street from THIN to Valley View Road for consideration of reducing the speed limit from 35 to 30 mph. Changing speed limits on city streets must be authorized by MNDOT. Attached is a copy of the March 8, 2007, Traffic Safety Report. g: lengineeringl infrastructure \.streets\traHic\studieslspeed studieslwest 661h street from th100 to valley view road120100216 council request rrform.doc w91�11r1, RESOLUTION NO. 2010-27 o� @ REQUESTING THE COMMISSIONER OF TRANSPORTATION o PERFORM A SPEED STUDY ON WEST 66.. STREET FROM TH100 TO VALLEY VIEW ROAD City of- Wina WHEREAS, West 66th Street is a Municipal State Aid route located in Edina; and WHEREAS, the speed limit on West 66th Street is 35 mph; and WHEREAS, West 66th Street is primarily located in a residential setting; NOW THEREFORE, BE IT RESOLVED that the Council is requesting that the Commissioner of Transportation perform a speed study on West 66th'Street from TH100 to Valley View Road for consideration of reducing the speed limit to 30 mph. Dated: February 16, 2010 Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) James B. Hovland, Mayor CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 16, 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 City Hall 952 - 927 -8861 4801 WEST 50TH STREET FAX 952 - 826.0390 EDINA, MINNESOTA, 55424 -1394 www.cityofedina.com rTY 952 - 826.0379 TRAFFIC SAFETY STAFF REVIEW Thursday, March 8, 2007 The staff review of traffic safety matters occurred on March 8, 2007. Staff present included the City Engineer, Assistant City Engineer, City Planner, Traffic Safety Coordinator and Chief of Police. From that review, the recommendations below are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were also informed that if they disagree with the recommendation or have additional facts to present, they can be included on the March 20, 2007 Council Agenda. SECTION A: Requests on which staff recommends approval: 1. Request to restrict parking in the off - street parking area on Kellogg Avenue just to the north of Valley View Road (northwest corner of intersection). Request comes from a resident on Kellogg Avenue who is concerned with vehicles parking in this area for long periods of time, including overnight. The area in question is a small cut -back parking area with eight striped parking spaces directly across from 6133 Kellogg Avenue. There are currently no parking restrictions in this area. The 6100 block of Kellogg Avenue is restricted to "One Hour Parking Monday Thru Friday 8 AM to 4 PM." These restrictions apply to both sides of the street. The small parking area in question allows customers of the corner businesses to park for more than one hour. The "One Hour" restriction on the 6100 block of Kellogg Avenue was approved by the City Council on September 16, 1996, at the request of residents via petition. Residents expressed concern that parking during the daytime was fully utilized on the south half of the block. Residents further stated that many times these parked vehicles infringed on their driveways. After further study and review by the Traffic Safety Advisory Committee, staff recommends the following: Traffic Safety Staff Review Pagel of 5 March 8, 2007 Staff recommends that signs be posted In the small cut -back parking area on the northwest corner of Kellogg Avenue and Valley View Road with the following restrictions: "No Parking 10 PM to 8 AM. 2. Request to reduce the speed limit on W. 66th Street between Valley View Road and Highway 100 from its current posting of 35 MPH to 30 MPH. Request comes from a resident in the 4200 block of west 66th Street with a petition signed by seven other homeowners. These residents are concerned with the speed and the volume of vehicles traveling along 66th Street at speeds of 35 MPH and higher. Requestor states that other streets in the area ( W. 64th Street, Valley View Road, W. 70'h Street and East Frontage Road) are all posted 30 MPH. Requestor sees no reason to have an increased speed limit along this small stretch of roadway (speed is reduced to 30 MPH west of Highway 100). Requestor also cites the high volume of pedestrians in the area due to its unique location (Rosland Park, play ground, swimming pool and Lake Cornelia), all attracting a large number of visitors, walkers, bikers and joggers. A large number of pedestrians, mostly children, cross W. 66'h Street to get to the park. Requestor states that the sidewalk along W. 66th Street is extremely close to the road which could possibly cause a dangerous situation. W. 66'h Street, east of Valley View Road is a divided four lane roadway with a posted speed limit of 30 MPH that chokes down to two lanes immediately west of Valley View Road where the speed limit increases to 35 MPH. The average Monday thru Friday daily traffic count on this section of W. 66'h Street is 6,234 with an 85'h percentile speed of 38.1 MPH. There have been nine reported traffic accidents from 2000 -2005 (4- injury and 5- property damage). No pedestrian accidents have been reported. Statistics for 2006 to the present have not yet been obtained. Staff checked records as far back as 1975 and could not find a date when the 35 MPH speed limit had been established., A similar request was made in June of 1999 and was denied (staff' felt that the 35 MPH speed was appropriate and requested that the police department step up enforcement). W. 66th Street between Valley View Road and Highway 100 is classified as a city "Collector" street. Changing speed limits on city streets must be authorized by the Minnesota Department of Transportation. After much study and review, staff recommends the following: Traffic Safety Staff Review Page 2 of 5 March 8, 2007 Staff recommends that the City of Edina make a formal request to Speed Study on W. 66'° Street between Valley View Road and Hiebwav 100 to determine a safe driving speed while achieving maximum traffic flow. 3. Request to reduce the speed limit on Vernon Avenue between Villa Way and View Lane from the current posting of 40 MPH to 30 MPH. This request comes from two residents (one on Glengarry Pkwy. and another on Schaefer Road). Both residents feel that the higher speed limit on this stretch of Vernon Avenue is not needed. W. 50'h Street/Vernon Avenue has a speed limit of 30 MPH from France Avenue to Villa Way. The speed limit increases to 40 MPH from Villa Way west to View Lane. Speeds reduce back to 30 MPH west of View Lane. Staff has checked records back to 1975 and was unable to find a date when this speed limit was established. Both residents feel that the additional speed is not needed and that it only increases accident severity. Vernon Avenue (County Road 158) is classified as an "A" Minor Arterial Reliever Street. It has a Monday thru Friday average daily traffic count of 10,400 vehicles with an 85`h percentile speed of 44.5 MPH (in 40 MPH zone). There have been 25 reported accidents in the 40 MPH zone from 1/ 1/2000 to 6/17/06. Accidents are broken down as follows: 4 Injury accidents 6 Possible injury accidents 15 Property damage accidents There were 17 accidents, during the same time period, reported in the 30 MPH zone east of Villa Way: i Injury accident 2 Possible injury accidents 14 Property damage accidents There were 6 accidents, during the same time period, reported in the 30 MPH zone west of View Lane: 1 Possible injury accident 5 Property damage accidents Traffic Safety Staff Review Page 3 of 5 March 8, 2007 Requestor further states that the 40 MPH zone on Vernon Avenue is in an area where there are hills, curves and residences with blind drives. Requestor states that the 40 MPH portion of Vernon Avenue is only 1.3 miles long and it takes approximately 156 seconds to traverse this distance at 30 MPH. It takes approximately 117 seconds at 40 MPH (not verified by staff). Requestor states that legislation enacted in 2006 (169.224) permits "Neighborhood Electric Vehicles" to be operated on roadways with posted speed limits of 35 MPH or less. He states that such vehicles are becoming popular in Edina and preventing them from using Vernon Avenue poses an unfair burden on those seeking to reduce the use of imported fuel and to help preserve our environment. After much study and review, staff recommends the following: Staff recommends that the City of Edina make a formal request to the Minnesota Department of Transportation, through Hennepin County, to conduct a traffic speed study on Vernon Avenue between Villa Way and View Lane to determine a safe driving speed while achieving maximum traffic flow. SECTION B• Requests on which staff recommends denial of request: 1. Request to evaluate the intersection of Code Avenue and W. 56'h Street and add some type of advanced warning sign to alert drivers to a blind intersection. Requestor is a resident on Code Avenue who states he has witnessed near accidents at the intersection of Code Avenue and W. 56`h Street from northbound vehicles. Requestor feels that this intersection is "blind" and that some type of warning signs should be installed to alert drivers. Code Avenue is a 26 -foot wide city street with an average Monday thru Friday daily traffic count of 1,096 vehicles. Code Avenue has no curb, gutter or sidewalks. Code Avenue is a through street at the intersection of W. 56'h Street. Code Avenue has a slight downhill grade south of W. 56'h Street. There have been no reported accidents since 2000. Traffic Safety Staff Review Page 4 of 5 March 8, 2007 W. 56'h Street is a 26 -foot wide city street with no curb, gutter or sidewalks. It has an average Monday thru Friday daily traffic count of 823 vehicles with an 85'h percentile speed of 29.5 MPH. W. 56'h Street at Code Avenue is controlled with a two -way stop. There have been no reported accidents since 2000. Code Avenue at W. 56'h Street is a controlled intersection. Sight lines are adequate for anyone who uses due caution while approaching from all directions. The grade on Code Avenue to the south of W. 56'h Street is not steep enough to warrant an advanced hill warning sign. SECTION C: Requests that are deferred to a later date for referred to others. None for March 8, 2007 meeting. Traffic Safety Staff Review Page 5 of 5 March 8, 2007 ofLe REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. IV. I. From: John Keprios, Direc Park and Recreation a artment F-1 Action F-1 Discussion ® Information Date: June 1, 2010 Subject: Open House Dates — Nine Mile Creek Trail ACTION REQUESTED: This is an information only agenda item this agenda item. INFORMATION /BACKGROUND: No action is requested of the Council on The Three Rivers Park District Board of Directors will meet on Thursday, June 3, 2010 to discuss whether to approve the Environmental Assessment Worksheet (EAW) as accurate and complete and also whether to authorize distribution of the EAW for the required 30 day comment period. Upon this approval, the Park District will conduct two Open Houses open to the public on: Tuesday, June 22, 2010 6:00 p.m. to 8:30 p.m. South View Middle School in Edina And Wednesday, June 30, 2010 5:00 p.m. to 7:30 p.m. South View Middle School in Edina June 1, 2010 City Council Packet Community Comment Agenda Item V. A. To: Members of Edina City Council 6/1/10 Recent correspondence from the Three Rivers Park District to members of the CAT suggests that the Park District will be requesting the Edina City Council to approve using Edina City Park land to construct a regional bike trail sometime shortly after June 30, 2010 Information from the Park District indicates the trail will cost approximately thirty five million dollars,which includes debt service costs. Much of this money will come from the taxpayers of Edina through the Hennepin County tax levy of Three Rivers Park District. Much of the cost will be funded by long term debt using general obligation bonds. The trail will be approximately seven miles long by sixteen feet wide and will pass through natural open space areas, high value wetlands, flood plains, and Edina City parks. A trail of this magnitude will certainly have an environmental effect on these areas. The EAW outlining these environmental effects will not be available until June 14 and the EAW process will not be complete until it is approved by the Three Rivers Park District. Approval to use City Park land will effectively transfer control of thirteen acres of City Park Land to Three Rivers Park District. A decision involving this much Edina City Property, this many city residents affected by the trail, this much money, this much new debt, and this much environmental effect, should not be made without adequate public input. Reason would dictate that the Edina City Council schedule Public Hearings before acting on any request by Three Rivers Park district to use Edina City park land. Wm Westerdahl 5912 Walnut Dr Edina, MN 55436 westyw2(cD-gmail.com R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/20/2010 - 5/20/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 334667 5120/2010 100613 AAA 1 20932 PLATES FOR 47 221 236420 051210 1553.6260 1600.6107 Subledger Account Description . LICENSES &PERMITS MILEAGE OR ALLOWANCE 5/201zu10 7:41:09 Page - 1 ' Business Unit EQUIPMENT OPERATION GEN PARK ADMIN. GENERAL 46001.6710 EQUIPMENT REPLACEMENT 1,209.32 46001.6710 EQUIPMENT REPLACEMENT'. 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VERNON OCCUPANCY RICHARDS GOLF COURSE YORK FIRE STATION YORK OCCUPANCY ` MAINT OF COURSE & GROUNDS. DISTRIBUTION CENTENNIAL LAKES CENT SVC PW BUILDING ART CENTER BLDG /MAINT SENIOR CITIZENS CLUB HOUSE SANITARY LIFT STATION MAINT. BUILDING MAINTENANCE WELL PUMPS GOLF. 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GENERAL FIRE DEPT. 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EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN GRILL GRILL GRILL GRILL CENTENNIAL ADMINISTRATION R55CKREG LOG20000 CITY OF EDINA 5/20/2010 7:41:09 Council Check Register Page - 8 5/20/2010 —5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 280.00 110311867 236576 110311867 -4/10 5621.6122 ADVERTISING OTHER EDINBOROUGH ADMINISTRATION 280.00 334722 5/20/2010 118805 DISCOUNT STEEL INC. 125.00 WELDING REPAIR 00007173 236369 01594973 5311.6180 CONTRACTED REPAIRS POOL OPERATION 74.39 WELDING REPAIR 236582 01594973 5311.6180 CONTRACTED REPAIRS POOL OPERATION 199.39 334723 5/2012010 123162 DISH NETWORK 38.49 ACCT 8255 70 708 1422839 236488 050410 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 38.49 334724 6120/2010 120696 DRAPER, LAURENE 2,000.00 TUITION REIMBURSEMENT 236489 051310 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. 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GENERAL 1,313.94 334731 5120/2010 122601 EUROSPORT V CITY OF EDINA 5dL _ - .0 7:41:09 R55CKREG LOG20000 Council Check Register Page - 9 5/20/2010 -5/20/2010 f Check # Date Amount Supplier / Explanation PO # - Doc No Inv No Account No Subledger Account Description Business Unit 1,188.48 LIFEGUARD WARM -UPS 00007174 236239 52938273 5311.6201 LAUNDRY POOL.OPERATION 2,238.29 LIFEGUARD WARM -UPS 00007174 236583 52938273'1 5311.6201, LAUNDRY POOL'OPERATION 78.41 LIFEGUARD WARM -UPS 00007174 236584 52938273'2 5311.6201 LAUNDRY POOL OPERATION - - - 3,505.18 334732 5/20/2010 104991 EVANS, CONNIE 60.61 SUPPLIES REIMBURSEMENT 236547 051210 5421.6406 GENERAL SUPPLIES GRILL 60.61 334733 512012010 126291 EXCEL TURF AND ORNAMENTAL 726.75 FERTILIZER 236435 08462 5422.6540 FERTILIZER MAINT OF COURSE ,& GROUNDS - 726.75 334734 _. 5/20/2010 104195 EXTREME BEVERAGE LLC. 315.00 236326 34543. 5862.5515 COST OF.000DS SOLD MIX VERNON SELLING 315.00 334735 6/2012010 100146- FACTORY MOTOR PARTS COMPANY 45.79 OIL FILTER, ELEMENT 00005065. 236585 697010033 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 45.79 334736 6/2012010 126004 FERGUSON WATERWORKS 11374.65 PIPE 00001022 236371 S01248290.001 05506.1705 CONSTR. 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'236.13 334800 5 /20/2010 104669 NEPTUNE BENSON INC. 279.49 MANWAY GASKETS 236256 29460 5311.6406 GENERAL SUPPLIES POOL OPERATION 279.49 R55CKREG LOG20000 CITY OF EDINA 5/20/2010 7:41:09 Council Check Register Page - 18 5/20/2010 —5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 334801 5120/2010 100076 NEW FRANCE WINE CO. 1,063.50 236334 59830 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 441.00 236335 59832 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,093.00 236526 59831 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,597.50 334802 5120/2010 101620 NORTH SECOND STREET STEEL SUPP 69.79 ANGLE IRONS 00005068 236402 173910 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 69.79 334803 612012010 105007 NU- TELECOM 557.72 MAY 2010 SERVICE 236501 80165119 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 557.72 334804 5/20/2010 103678 OFFICE DEPOT 119.07 WHITE BOARD, BATTERIES 236403 517532338001 5631.6513 OFFICE SUPPLIES CENTENNIAL ADMINISTRATION 119.07 334805 6/2012010 126298 OGREN, MARISSA 59.00 AMBULANCE OVERPAYMENT 236555 051110 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 59.00 334806 5/20/2010 100936 OLSEN COMPANIES 362.58 CHAIN 00005376 236448 592968 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 362.58 334807 5/20/2010 100347 PAUSTIS & SONS 995.49 236336 8260069 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,594.01 236465 8260224 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,256.50 236527 8260068 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5.846.00 334808 5/20/2010 101565 PENN CYCLE 90.15 BIKE ACCESSORIES 00003079 236502 335832 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. 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GENERAL 83.96 952 926 -0419 236266 0419 -5/10 1646.6188 TELEPHONE BUILDING MAINTENANCE 76.60 952 835 -1474 236409 1474 -5/10 1552.6188 TELEPHONE CENT SVC PW BUILDING 139.31 952 285 -2951 236611 2951 -5/10 1470.6188 TELEPHONE FIRE DEPT. GENERAL 52.07 952 944 -1841 236612 1841 -5/10 1646.6188 TELEPHONE BUILDING MAINTENANCE 2,989.59 334818 5/20/2010 100972 R &R SPECIALTIES OF WISCONSIN 1 533.56 ZAMBONI REPAIR 00008040 236267 0045126 -IN 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 533.56 334819 5120/2010 126303 RIAN, ELLEN 70.00 BIRTHDAY PARTY DEPOSIT REFUND 236619 051010 5601.4554 EDINBOROUGH PARK EB /CL REVENUES 70.00 334820 5120/2010 102408 RIGID HITCH INCORPORATED 126.96 CONNECTORS, WIRING 00005378 236595 1141424 -01 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 9.61- RETURN 00005378 236596 1579532 - 0001 -01 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 117.35 334821 6/20/2010 126294 RIVERA, RAFAEL 400.00 UTILITY OVERPAYMENT REFUND 236546 051310 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 5/20/2010 7:41:09 Page - 21 Business Unit FIRE DEPT. GENERAL GRILL PSTF ADMINISTRATION EDINBOROUGH PARK 53 44 FAX FEES 236411 INV017021 1470 6160 DATA PROCESSING ' FIRE DEPT. GENERAL 53.44 CITY OF EDINA R55CKREG LOG20000 334827 6/20/2010 105442 SCHERER BROS. LUMBER CO. Council Check Register 46.11 LUMBER 00005477 236412 40838573 05506.1705 CONSTR. IN PROGRESS 5/20/2010 -5120/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 558.66 400.00 334822 6/20/2010 100980 ROBERT B. 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GENERAL WM -506 WM REPLACEMENT BY WiP #3 STREET NAME SIGNS SENIOR CITIZENS ARENA BLDG /GROUNDS VERNON SELLING 50TH ST SELLING YORK SELLING 53.44 334827 6/20/2010 105442 SCHERER BROS. LUMBER CO. 46.11 LUMBER 00005477 236412 40838573 05506.1705 CONSTR. 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JOSEPH EQUIPMENT CO INC 95.04 COVER KIT 00001534 236599 SI76742 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 51.13- CREDIT 236600 S178552 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 43.91 334836 5/20/2010 104349 STRUCTURED NETWORK SOLUTIONS 192.40 YORK LIQUOR WIRING WORK 236269 14004 5841.6406 GENERAL SUPPLIES YORK OCCUPANCY 692.87 CENT LAKES WIRING WORK 236270 14048 5631.6103 PROFESSIONAL SERVICES CENTENNIAL ADMINISTRATION 100.00 BGC NETWORK DIAGNOSTIC 236271 14090 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 985.27 334837 5/20/2010 101017 SUBURBAN CHEVROLET 17.66 PINS 00005373 236272 238967 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 125.00 REFINISH PAINT 00005544 236601 572807 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 39.76 HANDLE 00005081 236602 234334 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 26.86- CREDIT 00001508 236603 CM217977 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 86.83 KEY 00005098 236676 238783 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 242.39 334838 6/20/2010 100900 SUN NEWSPAPERS 420.00 HELP WANTED AD 236506 1249537 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 420.00 334839 5/20/2010 121161 SUPER MEDIA LLC 38.16 380007460384 PHONE LISTING 236453 050410 5861.6188 TELEPHONE VERNON OCCUPANCY 38.17 380007460384 PHONE LISTING 236453 050410 5821.6188 TELEPHONE 50TH ST OCCUPANCY 38.17 380007460384 PHONE LISTING 236453 050410 5841.6188 TELEPHONE YORK OCCUPANCY R55CKREG LOG20000 CITY OF EDINA 5 1201zu10 7:41:09 Council Check Register Page - 23 COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD BEER GRILL ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING GENERAL SUPPLIES CENTENNIAL LAKES PRINTING PSTF ADMINISTRATION DATA PROCESSING 50TH STREET GENERAL DATA PROCESSING LIQUOR YORK GENERAL DATA PROCESSING VERNON LIQUOR GENERAL DUES & SUBSCRIPTIONS GOLF ADMINISTRATION CONFERENCES & SCHOOLS TRAINING GENERAL SUPPLIES PLAYGROUND & THEATER 5/20/2010 - 5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 114.50 101036 THORPE DISTRIBUTING COMPANY 334840 512012010 120998 SURLY BREWING CO. 1.078.00 236341 00611 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 656.00 236342 MVP00757 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD BEER GRILL ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING GENERAL SUPPLIES CENTENNIAL LAKES PRINTING PSTF ADMINISTRATION DATA PROCESSING 50TH STREET GENERAL DATA PROCESSING LIQUOR YORK GENERAL DATA PROCESSING VERNON LIQUOR GENERAL DUES & SUBSCRIPTIONS GOLF ADMINISTRATION CONFERENCES & SCHOOLS TRAINING GENERAL SUPPLIES PLAYGROUND & THEATER 1,734.00 334841 5/2012010 101036 THORPE DISTRIBUTING COMPANY 161.15 236343 590146 5862.5515 101.75 236454 590515 5421.5514 262.90 334842 6/20/2010 120700 TIGER OAK PUBLICATIONS INC. 283.33 MAGAZINE ADVERTISING 236273 2010 -42994 5822.6122 283.33 MAGAZINE ADVERTISING 236273 2010 -42994 5842.6122 283.34 MAGAZINE ADVERTISING 236273 2010 -42994 5862.6122 850.00 334843 612012010 101038 TOLL GAS & WELDING SUPPLY 39.48 WELDING CYLINDERS 236414 400579 5630.6406 39.48 334844 5120/2010 124753 TOSHIBA FINANCIAL SERVICES 211.07 COPIER USAGE 236507 150695575 7410.6575 211.07 334845 6/20/2010 101693 TOTAL REGISTER SYSTEMS 14.25 MONTHLY FTP FOLDER 236274 25342 5820.6160 14.25 MONTHLY FTP FOLDER 236274 25342 5840.6160 14.25 MONTHLY FTP FOLDER 236274 25342 5860.6160 42.75 334846 6/20/2010 126296 TRANS- MISSISSIPPI GOLF ASSOCIA 300.00 MEMBERSHIP DUES 236552 2010 5410.6105 300.00 334847 5/20/2010 120886 TRENCHLESS TECHNOLOGY CENTER 135.00 TRAINING 00005453 236275 050410 5919.6104 135.00 334848 6120/2010 101042 TRIARCO 47.06 PLAYGROUND CRAFTS 236276 607469 1624.6406 COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD BEER GRILL ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING GENERAL SUPPLIES CENTENNIAL LAKES PRINTING PSTF ADMINISTRATION DATA PROCESSING 50TH STREET GENERAL DATA PROCESSING LIQUOR YORK GENERAL DATA PROCESSING VERNON LIQUOR GENERAL DUES & SUBSCRIPTIONS GOLF ADMINISTRATION CONFERENCES & SCHOOLS TRAINING GENERAL SUPPLIES PLAYGROUND & THEATER R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/20/2010 -5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 1553.6530 REPAIR PARTS 5422.6530 REPAIR PARTS 5/20/2010 7:41:09 Page - 24 Business Unit EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS 1470.6406 47.06 FIRE DEPT. GENERAL 1470.6406 GENERAL SUPPLIES 334849 512012010 GENERAL 118190 TURFWERKS LLC GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6151 291.29 WHEELS & TIRES 00005370 236415 J129971 FIRE DEPT. 625.74 LIFT VALVE 00006228 236455 S122518 1470.6406 917.03 FIRE DEPT. GENERAL 1470.6104 CONFERENCES & SCHOOLS 334850 6/20/2010 GENERAL 100363 U.S. BANK CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 67.47 WIRED TAGS (GLOBAL) 236604 051410 160.05 KITCHEN SUPPLIES 236604 051410 222.72 CROCKS 236604 051410 239.25 DYNAMOMETER RENTAL 236604 051410 372.00 WATER FILTERS 236604 051410 475.00 HIPAA BUNDLE 236604 051410 624.18 AMBULANCE IT SUPPLIES 236604 051410 733.83 SUMMER TUITION 236604 051410 763.83 SPRING TUITION 236604 051410 3,658.33 334851 5/20/2010 101049 UHL COMPANY 494.50 QUARTERLY MAINT CONTRACT 236508 49451 494.50 334852 6/20/2010 101051 UNIFORMS UNLIMITED 1,043.69 UNIFORMS 236509 043010 1,043.69 334853 6/20/2010 101053 UNITED ELECTRIC COMPANY 41.26 WIRE 00005493 236416 156869 80.00 . CORROSION INHIBITOR 00005943 236417 156894 133.90 CONTACT KITS 00005943 236417 156894 255.16 334854 6/20/2010 114236 USA BLUE BOOK 90.54 PAINT GUNS 00005456 236605 147016 90.54 334866 5/20/2010 100410 USA MOBILITY WIRELESS INC. 293.03 PAGERS 236510 T0319246E 293.03 334866 6120/2^ "n 101068 VAN PAPER CO. 1553.6530 REPAIR PARTS 5422.6530 REPAIR PARTS 5/20/2010 7:41:09 Page - 24 Business Unit EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6151 EQUIPMENT RENTAL FIRE DEPT. GENERAL 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 7411.6215 EQUIPMENT MAINTENANCE PSTF OCCUPANCY 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 5913.6406 GENERAL SUPPLIES DISTRIBUTION 5913.6532 PAINT DISTRIBUTION 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL R55_CKREG LOG20000 CITY OF EDINA Council Check Register 5/20/2010 -5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 151 34 GUN CLEANING RAGS 236511 159285 -00 7412.6406 GENERAL SUPPLIES Business Unit PSTF RANGE EQUIPMENT- REPLACEMENT GOLF CARS REPAIR PARTS GOLF CARS LEASE LINES GOLF CARS 5/21i�-.. i0 7:41:09 Page - 25 GENERAL SUPPLIES PSTF OCCUPANCY CENTRAL SERVICES GENERAL CENT'SVC PW BUILDING COST OF GOODS SOLD LIQUOR YORK SELLING 151.34 VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING - 334857 6120/2010 FIRE DEPT. GENERAL 101063 VERSATILE VEHICLES INC. 140,525.00 GOLF CARS 00007149 236277 41310001 5423.6710 318.44 AXLE, TIE ROD 00006234 236456 47641 5423.6530 435.00 GOLF CAR RENTAL 00006023 236606 47731 5423.6216 141,278.44 334858. 5/20/2010 101061 VICTORY CORPS 496.27 , USA FLAGS 236512 98645 7411.6406 496.27 334859 6/20/2010 101786 VIDEO PROTECTION SERVICES 239.66 SECURITY CAMERA SERVICE 00005523 236419 5037. 1552.6803 239.66 334860 - 6/20/2010 119454 VINOCOPIA 710.00 236344 0025797 -IN 5842.5512 303.96 - 236537 0025969 -IN 5862.5513 200.14 236663 0025970 -IN 5822.5513 1,214.10 334861 6120/2010 103410 W.W. GOETSCH ASSOCIATES INC. 183.87 HOSE GAUGE 00003728 236607 83126 1470.6406 - 183.87 334862 512012010 124140 WEIDENFELLER; VIRGENE 90.00 PRE - SCHOOL CLASS PROGRAM 236418 051210 1600.4390.26 90.00 334863 6/20/2010 124199 WEST GOVERNMENT SERVICES 480.00 APRIL 2010 CLEAR CHARGES 236513 AB0002077036 1400.6103 480.00 334864 6/20/2010 126300 WILDLIFE MANAGEMENT SUPPLIES 136.77 CAGES 236608 0000042969 1450.6406 136.77 -334865 6/2012010 101973 WILMOT, SOLVEI 41.00 MILEAGE REIMBURSEMENT 236556 051310 5952.6107 94.00 MILEAGE REIMBURSEMENT 236556 051310 1490.6107 Business Unit PSTF RANGE EQUIPMENT- REPLACEMENT GOLF CARS REPAIR PARTS GOLF CARS LEASE LINES GOLF CARS 5/21i�-.. i0 7:41:09 Page - 25 GENERAL SUPPLIES PSTF OCCUPANCY CENTRAL SERVICES GENERAL CENT'SVC PW BUILDING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING GENERAL SUPPLIES_: -. FIRE DEPT. GENERAL GIN WEIDENFELLERS PROGRAMS PARK ADMIN. GENERAL PROFESSIONAL,SERVICES POLICE DEPT. GENERAL GENERAL SUPPLIES ANIMAL CONTROL MILEAGE OR ALLOWANCE -RECYCLING MILEAGE OR ALLOWANCE PUBLIC HEALTH R55CKREG LOG20000 CITY OF EDINA 5/20/2010 7:41:09 Council Check Register Page - 26 5/20/2010 -5/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 135.00 334866 6/20/2010 101033 WINE COMPANY, THE 1,631.27 236345 242604 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 696.64 236346 242580 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 236.20 236538 242108 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,067.68 236539 242588 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,631.79 334867 5/20/2010 101312 WINE MERCHANTS 2,171.43 236540 317418 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 133.12 236541 317416 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 805.22 236664 317414 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 361.60 236665 317415 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,487.20 236666 317417 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 6,958.57 334868 6/20/2010 124291 WIRTZ BEVERAGE MINNESOTA 2,647.71 236347 398573 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 136.90 236348 398574 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 3,174.03 236349 398570 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 64.25- 236350 800941 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4,378.96 236472 398575 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,593.00 236473 394248 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 9,943.13 236474 398576 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 130.87 236475 398577 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 33.10- 236476 801305 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,330.44 236542 398569 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,982.50 236543 394246 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,390.27 236667 398572 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 31,610.46 334869 6120/2010 124629 WIRTZ BEVERAGE MINNESOTA BEER 1,010.25 236351 601724 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 60.00 236352 606346 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 4,133.60 236353 606345 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,209.35 236354 605813 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 224.50 236355 605814 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 5,908.89 236356 601464 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 228.80 236357 601465 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,056.35 236358 605658 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 95.00 236609 607982 5421.5514 COST OF GOODS SOLD BEER GRILL Check Total 859,180.14 Total Payments 859,180.14 CITY O _MINA 51. `10 7:41:09 R55CKREG LOG20000 Council Check Register Page - 27 5/2012010 75/20/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,614.50 236668 601723 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,678.01 236669 607967 5822.5514 COST OF GOODS SOLD BEER, 50TH ST SELLING 23,219.25 334870 5/20/2010 101082 WITTEK GO_ LF SUPPLY 647.60 PICKER PARTS 236457 239968 5424.6530 REPAIR PARTS RANGE 647.60 334871 5/2012010 10.1086 WORLD CLASS WINES INC 649.65 236359 247757 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,041.40 236477 247758 5842.5513 COST OF GOODS SOLD WINE =YORK SELLING 1,655.00 °236544 247756 5862.5513 COST OF GOODS SOLD WINE ' VERNON SELLING 449.95 236545 247568 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,796.00 334872 6/20/2010 101726 XCEL ENERGY 287.30 51- 9013604 -6. 236278 237635618 5913.6185 LIGHT & POWER DISTRIBUTION 145.48 51- 4197645 -8 236279 238070748 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 2,722.86 5175619094 -8 236280 237914847 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 3,455.72 51- 5888961 -7 236281 237919797 1375.6185 LIGHT & POWER PARKING RAMP 167.49 51- 6121102 -5 236282 238108445 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 39.16 51= 8976004 -9 236283 236803843 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 16,918.59 •51- 5605640 -1 236671 238449247 5911.6185 LIGHT & POWER WELL PUMPS 23,736.60 334873 5/2012010- 104324 YOUNGBLOOD LUMBER CO. 20.43 LUMBER 00005543 236610 626931 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 20.43 Grand Total Payment Instrument Totals 859,180:14 Check Total 859,180.14 Total Payments 859,180.14 R55CKSUM LOG20000 CITY OF EDINA Council Check Summary 5/20/2010 - 5120/2010 Company Amount 01000 GENERAL FUND 319,528.20 02200 COMMUNICATIONS FUND 3,348.84 04000 WORKING CAPITAL FUND 7,998.02 04200 EQUIPMENT REPLACEMENT FUND 21,422.16 05100 ART CENTER FUND 1,440.82 05200 GOLF DOME FUND 7,664.01 05300 AQUATIC CENTER FUND 4,117.04 05400 GOLF COURSE FUND 156,946.18 05500 ICE ARENA FUND 15,027.07 05600 EDINBOROUGH /CENT LAKES FUND 7,083.16 05800 LIQUOR FUND 217,054.28 05900 UTILITY FUND 56,383.78 05930 STORM SEWER FUND 925.92 05950 RECYCLING FUND 37,724.00 07400 PSTF AGENCY FUND 2,516.66 Report Totals 859,180.14 5/20/2010 7:42:02 Page- 1 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 polipies and proced 5/26/cu10 9:51:28 Page- 1 Business Unit YW bUILUINU PW BUILDING EQUIPMENT OPERATION GEN GENERAL TURF CARE YORK SELLING 50TH ST SELLING YORK SELLING YORK SELLING POLICE EQUIPMENT POLICE EQUIPMENT POLICE EQUIPMENT ART CENTER BLDG /MAINT TRAINING PW BUILDING CITY OF ,ANA R55CKREG LOG20000 Council Check Register 5/27/2010 —5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 334874 5127/2010 126163 A.M.E. CONSTRUCTION CORP. 9,500.00 PARTIAL PAYMENT NO. 5 237110 052810 4402.1705.30 CONTRACTOR PAYMENTS 9,500.00 334875 612712010 126163 A.M.E. CONSTRUCTION CORP. 4,750.00 PARTIAL PAYMENT NO.4 237111 052510 4402.1705.30 CONTRACTOR PAYMENTS 4,750.00 334876 6/27/2010 100613 AAA 9.50 2010 TABS 237037 052110 1553.6260 LICENSES & PERMITS 9.50 334877 5/2712010 102403 AAA LAMBERTS LANDSCAPE PRODUCT 53.25 BLACK DIRT 00005301 236713 33339 1643.6543 SOD & BLACK DIRT 53.25 334878 5/27/2010 102971 ACE ICE COMPANY 136.40 236745 560188 5842.5515 COST OF GOODS SOLD MIX 49.60 236746 0805944 5822.5515 COST OF GOODS SOLD MIX 30.60 237039 0723754 5842.5515 COST OF GOODS SOLD MIX 50.00 237040 0723796 5842.5515 COST OF GOODS SOLD MIX 266.60 334879 6/27/2010 123309 ACTION FLEET INC. 3,219.41 UNIT #109 MAINTENANCE 237000 6509 421400.6710 EQUIPMENT REPLACEMENT 3,219.41 UNIT #106 MAINTENANCE 237001 6491 421400.6710 EQUIPMENT REPLACEMENT 261.38 UNIT #142 MAINTENANCE 237002 7406 421400.6710 EQUIPMENT REPLACEMENT 6,700.20 334880 6/27/2010 106162 ADT SECURITY SERVICES 32.92 ALARM SERVICE 236899 24493220 5111.6250 ALARM SERVICE 32.92 334881 5/27/2010 105086 AMERICAN WATERWORKS ASSOCIATI 173.00 MEMBERSHIP - GARY WELLS 237003 7000227598 5919.6260 LICENSES & PERMITS 173.00 334882 6/2712010 124774 ANCHOR FENCE OF MN INC. 43,510.00 PARTIAL PAYMENT NO. 2 237112 052810 4402.1705.30 CONTRACTOR PAYMENTS 43,510.00 334883 5/27/2010 102118 ANCHOR INDUSTRIES INC. 5/26/cu10 9:51:28 Page- 1 Business Unit YW bUILUINU PW BUILDING EQUIPMENT OPERATION GEN GENERAL TURF CARE YORK SELLING 50TH ST SELLING YORK SELLING YORK SELLING POLICE EQUIPMENT POLICE EQUIPMENT POLICE EQUIPMENT ART CENTER BLDG /MAINT TRAINING PW BUILDING R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 2 5/27/2010 -5127/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3,333.70 UMBRELLA TOPS 00007170 236842 760058RI 5311.6406 GENERAL SUPPLIES POOL OPERATION 3,333.70 334884 5/27/2010 102109 ANCOM TECHNICAL CENTER 98.26 RADIO REPAIR 237004 15527 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 98.26 334885 5/2712010 100631 ANDERSON, TODD 205.92 SECURITY CAMERAS /CABLE 236956 051710 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 205.92 334886 5127/2010 126390 API GARAGE DOOR STORE 79,420.00 PARTIAL PAYMENT NO. 1 237113 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 79,420.00 334887 5/27/2010 102774 ASPEN WASTE SYSTEMS 197.25 REFUSE 236682 1- 203049 5422.6182 RUBBISH REMOVAL MAINT OF COURSE & GROUNDS 197.25 334888 5/27/2010 100638 BACHMAN'S 217.45 ROSE SHRUBS 00005550 236843 19763 4091.6406 GENERAL SUPPLIES GRANDVIEW MAINTENANCE 217.45 334889 5/27/2010 126361 BANK OF AMERICA 26.26 DOCUMENT COPIES 237005 L042210000378 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 26.26 334890 5/27/2010 100642 BANNERS TO GO 64.67 SIGN 00005503 236900 29999 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 64.67 334891 612712010 102195 BATTERIES PLUS 42.22 BATTERY 00006240 236957 201054 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 12.76 BATTERIES 00003743 237006 202133 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 54.98 334892 5/27/2010 101366 BELLBOY CORPORATION 1,253.30 236747 53291100 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 683.75 236748 53283200 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 560.00 236749 53302400 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,090.80 236750 53291200 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,670.05 236751 53283300 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF --.rIA 5/2b,__ ,J 9:51:28 Council Check Register Page - 3 5/2712010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 115.80 236752 83647600 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 140.05 237041 53367800 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 674.65 237042 53373500 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 9.64 237043 83674800 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION MEETING EXPENSE COMMUNICATIONS GENERAL SUPPLIES COMMUNICATIONS CONTRACTOR PAYMENTS PW BUILDING CONTRACTOR PAYMENTS PW BUILDING GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES OFFICE SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES COMMUNICATIONS PARK ADMIN. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL POLICE DEPT. GENERAL GENERAL (BILLING) GENERAL (BILLING) ENGINEERING GENERAL PROFESSIONAL SERVICES FIELD MAINTENANCE PROFESSIONAL SERVICES FIELD MAINTENANCE PROFESSIONAL SERVICES FIELD MAINTENANCE GENERAL SUPPLIES EDINBOROUGH PARK 6,198.04 334893 5/27/2010 103486 BEND IN THE RIVER BIG BAND 125.00 PERFORMANCE 6/2/10 236942 050310 5631.6136 125.00 334894 6/27/2010 101191 BENNEROTTE, JENNIFER 36.00 ROTARY CLUB 236958 052110 2210.6106 59.85 SURVEY MONKEY SUBSCRIPTION 236958 052110 2210.6406 95.85 334895 5/27/2010 105833 BERGERSON - CASWELL INC. 124,735.00 PARTIAL PAYMENT NO.4 237114 052810 4402.1705.30 124,735.00 334896 6/27/2010 124967 BERNARD L. DALSIN COMPANY 160,360.00 PARTIAL PAYMENT NO. 6 237115 052810 4402.1705.30 160,360.00 334897 6/27/2010 100648 BERTELSON OFFICE PRODUCTS 24.19 CERTIFICATE PAPER & HOLDERS 236683 OE- 226478 -1 2210.6406 28.38 OFFICE SUPPLIES 236684 WO- 621532 -1 1600.6406 191.37 OFFICE SUPPLIES 236685 WO- 620082 -1 1600.6406 40.51- RETURN 236686 CP- WO- 620082 -1 1600.6406 304.28 OFFICE SUPPLIES 00003080 236844 WO- 621239 -1 1400.6513 218.16 LETTER OPENER 236845 WO- 620621 -1 5910.6406 218.16- RETURN 236846 CP- W0-620621 -1 5910.6406 17.42 OFFICE SUPPLIES 237007 OE- 224729 -1 1260.6406 525.13 334898 5/27/2010 119679 BIXBY PORTABLE TOILET SERVICE 94.34 TOILET SERVICE 00005303 236687 20405 1642.6103 34.34 TOILET SERVICE 00005303 236688 20406 1642.6103 34.34 TOILET SERVICE 00005303 236689 20407 1642.6103 163.02 334899 5/2712010 101376 BLOOMINGTON SECURITY SOLUTIONS 51.94 PADLOCKS 00002270 236901 S68923 5620.6406 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION MEETING EXPENSE COMMUNICATIONS GENERAL SUPPLIES COMMUNICATIONS CONTRACTOR PAYMENTS PW BUILDING CONTRACTOR PAYMENTS PW BUILDING GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES OFFICE SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES COMMUNICATIONS PARK ADMIN. GENERAL PARK ADMIN. GENERAL PARK ADMIN. GENERAL POLICE DEPT. GENERAL GENERAL (BILLING) GENERAL (BILLING) ENGINEERING GENERAL PROFESSIONAL SERVICES FIELD MAINTENANCE PROFESSIONAL SERVICES FIELD MAINTENANCE PROFESSIONAL SERVICES FIELD MAINTENANCE GENERAL SUPPLIES EDINBOROUGH PARK R55CKREG LOG20000 CITY OF EDINA 5/2612010 9:51:28 Council Check Register Page - 4 5/2712010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 51.94 334900 5/27/2010 119351 BOURGET IMPORTS 307.00 237044 99349 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 307.00 334901 5/27/2010 126368 BOXES & MORE INC. 54.54 BOXES 00006027 236959 101184 5440.6406 GENERAL SUPPLIES PRO SHOP RETAIL SALES 54.54 334902 5/27/2010 100669 BOYER TRUCK PARTS 401.21 FUEL KIT 00005380 236690 402384 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 884.29 SHOES, GASKETS, PINS 00005388 236714 403852 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,285.50 334903 6/27/2010 122318 BRAEMAR GOLF COURSE 40.00 169/494 IMPROVEMENT MEETING 236902 01851 1120.6106 MEETING EXPENSE ADMINISTRATION 40.00 334904 6127/2010 125165 BRAUN, MICHAEL 60.00 POLICE CHIEF PHOTO 236960 1022 2210.6408 PHOTOGRAPHIC SUPPLIES COMMUNICATIONS 60.00 GARDEN TOUR PHOTOS 236961 1025 2210.6123 MAGAZINE/NEWSLETTER EXPENSE COMMUNICATIONS 120.00 334906 6/27/2010 103239 BRIN NORTHWESTERN GLASS CO. 518.64 DOOR REPAIR 236903 5132425 5620.6180 CONTRACTED REPAIRS EDINBOROUGH PARK 518.64 334906 6/27/2010 121118 BRUESKE, JEFF 200.00 PERFORMANCE 6/8/10 236949 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 200.00, 334907 5127/2010 126354 BRYNESTAD, LOREN 8.12 UTILITY OVERPAYMENT REFUND 236952 051910 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 8.12 334908 6/27/2010 121583 CANEPA, AIMEE 446.00 UNIFORM PURCHASE 237008 052010 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 446.00 334909 5/27/2010 119456 CAPITOL BEVERAGE SALES 1,580.23 236753 10594 5842.5514 COST OF GOODS SOLD BEER YORK SELLING CITY OF EDINA 5126/< 0 9:51:28 R55CKREG LOG20000 Council Check Register Page - 5 5/27/2010 -5/2712010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 44.80 236754 10595 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 14.65 236755 10591 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 371.05 236755 10591 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,010.73 334910 612712010 116683 CAT & FIDDLE BEVERAGE 100.00 237045 86352 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 100.00 334911 6/2712010 112561 CENTERPOINT ENERGY 4,756.58 8034001 -1 237009 8034001 -4810 1552.6186 HEAT CENT SVC PW BUILDING 4,756.58 334912 6/27/2010 105861 CHANHASSEN DINNER THEATRES 100.00 SEPT 1 -ALL SHOOK UP 236715 DEPOSIT 1628.6103.07 TRIPS PROF SERVICES SENIOR CITIZENS 100.00 334913 512712010 116363 CHIPPEWA GRAPHICS INC. 478.59 ENVELOPES 236691 26878 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 478.59 334914 5/27/2010 119726 CHISAGO LAKES DISTRIBUTING CO 660.87 236756 418398 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 660.87 334915 612712010 106402 CHURCHILL, LEE 470.00 SOFTBALL OFFICIATING 236934 052110 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 470.00 334916 6127/2010 105194 CITY OF RICHFIELD 166.24 TRAIL EVENT SUPPLIES 236904 051410 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 166.24 334917 6/2712010 100692 COCA -COLA BOTTLING CO. 162.40 236757 0168165116 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 12.60- 236758 0168165018 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 608.90 237046 0118237821 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 758.70 334918 5127/2010 122790 COLLINS, BRIAN 110.50 UTILITY OVERPAYMENT REFUND 236692 051710 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 110.50 R55CKREG LOG20000 150.00 PERFORMANCE 6/6110 CITY OF EDINA 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION Council Check Register 5/27/2010 - 5/27/2010 334922 5/2712010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 334919 6/27/2010 TISSUE, LINERS, WIPES 101329 CONSTRUCTION MATERIALS INC. 2210445 5511.6511 CLEANING SUPPLIES ARENA BLDG /GROUNDS 396.01 EDGER, WARNING PLATES 00005502 236716 0046632 -IN 1314.6406 GENERAL SUPPLIES 2210990 5511.6511 396.01 ARENA BLDG /GROUNDS 254.36 334920 5/2712010 2210467 121267 CREATIVE RESOURCES GENERAL SUPPLIES CENT SVC PW BUILDING 41.90 2,114.48 T- SHIRTS FOR RESALE 236905 7293 5620.5510 COST OF GOODS SOLD CLEANING SUPPLIES ART CENTER BLDG /MAINT 2,114.48 37.30 FOAM CUPS 00009204 236907 334921 5/27/2010 GENERAL SUPPLIES 121164 CROMULENT SHAKESPEARE COMPANY 104.25 5/26/2010 9:51:28 Page- 6 Business Unit STREET RENOVATION EDINBOROUGH PARK 150.00 PERFORMANCE 6/6110 236944 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 150.00 334922 5/2712010 104020 DALCO 1,008.55 TISSUE, LINERS, WIPES 00008034 236693 2210445 5511.6511 CLEANING SUPPLIES ARENA BLDG /GROUNDS 106.40 INSECT KILLER 00008045 236694 2210990 5511.6511 CLEANING SUPPLIES ARENA BLDG /GROUNDS 254.36 WYPALLS 00005481 236717 2210467 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 41.90 CAN LINERS 00009204 236906 2207955 5111.6511 CLEANING SUPPLIES ART CENTER BLDG /MAINT 37.30 FOAM CUPS 00009204 236907 2208713 5111.6406 GENERAL SUPPLIES ART CENTER BLDG /MAINT 104.25 WINDEX 00006029 236962 2212617 5421.6511 CLEANING SUPPLIES GRILL 1,552.76 334923 5127/2010 124422 DANIMAL DISTRIBUTING INC. 162.00 237047 5171082 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 162.00 334924 5/27/2010 100710 DAVE'S DAIRY 165.80 DAIRY 236963 051310 5421.5510 COST OF GOODS SOLD GRILL 165.80 334925 512712010 102478 DAY DISTRIBUTING CO. 2,409.55 236759 552599 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 67.20 236760 552600 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 2,188.20 236761 552598 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 4,664.95 334926 5127/2010 102466 DEALER AUTOMOTIVE SERVICES INC 105.27 FRONT MAT 00005526 236695 4- 122878 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 105.27 334927 5/2712010 120327 DELUXE BUSINESS CHECKS AND SOL 44.05 DEPOSIT TICKETS 00006028 237010 2016839395 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 5/26/200 9:51:28 Page- 7 Business Unit TREES & MAINTENANCE GRILL GRILL GRILL GRILL GRILL POLICE DEPT. GENERAL ARENA BLDG /GROUNDS POOL OPERATION 320 00 LEGAL 236849 1650542 1195.6131 PROFESSIONAL SERV - LEGAL LEGAL SERVICES 320.00 334934 6/27/2010 100731 DPC INDUSTRIES 3,520.66 CHEMICALS 00001215 236850 82700634 -10 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 3,520.66 334935 512712010 124503 EDEN PRAIRIE WINLECTRIC CO. 490.45 MOTOR STARTER RENTAL 00005528 236908 07188900 5912.6530 REPAIR PARTS WELL HOUSES 490.45 334936 6/2712010 123189 EDINA LIQUOR 387.50 BEER/ WINE 236969 112 5421.5514 COST OF GOODS SOLD BEER GRILL 387.50 CITY OF EDINA R55CKREG LOG20000 Council Check Register 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 44.05 334928 5127/2010 118189 DEM -CON LANDFILL LLC 80.00 WASTE DISPOSAL 00005286 237105 02- 241229 1644.6182 RUBBISH REMOVAL 80.00 334929 612712010 100720 DENNYS 6TH AVE. BAKERY 92.58 BAKERY 236964 333467 5421.5510 COST OF GOODS SOLD 99.30 BAKERY 236965 333469 5421.5510 COST OF GOODS SOLD 35.17 BAKERY 236966 333662 5421.5510 COST OF GOODS SOLD 68.25 BAKERY 236967 333834 5421.5510 COST OF GOODS SOLD 69.95 BAKERY 236968 334121 5421.5510 COST OF GOODS SOLD 365.25 334930 6/27/2010 118376 DEPAUL LETTERING 252.00 LOGO POLOS 236847 5465 1400.6406 GENERAL SUPPLIES 252.00 334931 5/2712010 102831 DEX MEDIA EAST INC. 153.34 650487671 236848 650487671 -5/10 5511.6188 TELEPHONE 153.34 334932 6/27/2010 124289 DISTRIBUTOR SALES INC. 263.10 SOLENOID 236696 11595 5311.6406 GENERAL SUPPLIES 263.10 334933 6/2712010 100730 DORSEY & WHITNEY LLP 5/26/200 9:51:28 Page- 7 Business Unit TREES & MAINTENANCE GRILL GRILL GRILL GRILL GRILL POLICE DEPT. GENERAL ARENA BLDG /GROUNDS POOL OPERATION 320 00 LEGAL 236849 1650542 1195.6131 PROFESSIONAL SERV - LEGAL LEGAL SERVICES 320.00 334934 6/27/2010 100731 DPC INDUSTRIES 3,520.66 CHEMICALS 00001215 236850 82700634 -10 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 3,520.66 334935 512712010 124503 EDEN PRAIRIE WINLECTRIC CO. 490.45 MOTOR STARTER RENTAL 00005528 236908 07188900 5912.6530 REPAIR PARTS WELL HOUSES 490.45 334936 6/2712010 123189 EDINA LIQUOR 387.50 BEER/ WINE 236969 112 5421.5514 COST OF GOODS SOLD BEER GRILL 387.50 R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/27/2010 —5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 334937 6/27/2010 101630 EDINA PUBLIC SCHOOLS 30.00 PERMIT #35644 GYM USAGE 236909 9424 1629.6406 GENERAL SUPPLIES 30.00 334938 5/27/2010 100049 EHLERS & ASSOCIATES INC - 5/26/2010 9:51:28 Page- 8 Business Unit ADAPTIVE RECREATION 190.00 TIF DECERTIFICATION 236697 341331 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 190.00 334939 6127/2010 102309 EMBEDDED SYSTEMS INC. 2,277.00 SIREN MAINTENANCE 236851 32448 1460.6230 SERVICE CONTRACTS EQUIPMENT CIVILIAN DEFENSE 2,277.00 334940 6/2712010 122501 EUROSPORT 37.14 LIFEGUARD WARM -UP 00007174 236698 52957800 5311.6201 LAUNDRY POOL OPERATION 37.14 334941 5/27/2010 124772 EXCALIBUR CAULKING INC. 4,156.25 PARTIAL PAYMENT NO. 5 237116 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 4,156.25 334942 5/2712010 104474 FILTERFRESH 286.65 COFFEE 00005531 236718 66601365 -2011 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 286.65 334943 6/27/2010 116492 FINANCE AND COMMERCE 135.54 AD FOR BID 237011 22242429 1120.6120 ADVERTISING LEGAL ADMINISTRATION 140.91 AD FOR BID 237012 22241112 1120.6120 ADVERTISING LEGAL ADMINISTRATION 276.45 334944 6/27/2010 126353 FOY, MARCIE 125.00 UTILITY OVERPAYMENT REFUND 236951 051910 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 125.00 334945 512712010 100764 G & K SERVICES 65.97 SHOP TOWELS 236852 1006372826 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 65.97 SHOP TOWELS 236853 1006394835 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 131.94 334946 6/27/2010 126362 GAROFOLI, KARYN 36.71 UTILITY OVERPAYMENT REFUND 237013 052110 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 36.71 R55CKREG LOG20000 31.00 CITY OF -NA 00006032 236971 13122 5440.5511 COST OF GOODS - PRO SHOP Council Check Register 31.00 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 334947 6/2712010 119121 GENERAL SHEET METAL CO. INC. 3.53 GASKETS 316,390.42 PARTIAL PAYMENT NO.7 237117 052810 4402.1705.30 CONTRACTOR PAYMENTS GENERAL SUPPLIES POOL OPERATION 316,390.42 3.53 334948 6/27/2010 124541 GEYEN GROUP 334951 512712010 101103 GRAINGER 293.91 CARPET CLEANING 00006031 236970 2632 5420.6103 PROFESSIONAL SERVICES 293.91 134.49 TAPE, DISPENSERS 00005511 334949 512712010 1552.6406 101693 GOLF CLUB HOSPITAL CENT SVC PW BUILDING Business Unit PW BUILDING CLUB HOUSE 5/2b.- . j 9:51:28 Page- 9 31.00 GOLF CLUB 00006032 236971 13122 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 31.00 334960 6/2712010 100778 GOODIN COMPANY 3.53 GASKETS 00007178 236910 01832710 -00 5311.6406 GENERAL SUPPLIES POOL OPERATION 3.53 334951 512712010 101103 GRAINGER 134.49 TAPE, DISPENSERS 00005511 236699 9247682314 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 153.24 GLOVES, EARPLUGS, TAPE 00005537 236854 9251887221 5913.6406 GENERAL SUPPLIES DISTRIBUTION 500.00 GLOVES, EARPLUGS, TAPE 00005537 236854 9251887221 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 500.00 GLOVES, EARPLUGS, TAPE 00005537 236854 9251887221 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 368.79 LAMPS, BALLASTS 236855 9165322638 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 249.97 BULBS, FLASHLIGHTS 236856 9217541276 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 168.96- RETURN 236857 9217914333 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 1,737.53 334952 6/27/2010 102670 GRAND PERE WINES INC 96.00 236762 00025005 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 428.00 236763 00024910 5862.5513 COST OF GOODS SOLD WINE . VERNON SELLING 524.00 334953 6/27/2010 120201 GRANICUS INC. 829.64 WEBSTREAMING - JUNE 236972 19042 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 829.64 334954 5/27/2010 102217 GRAPE BEGINNINGS INC 177.83 236764 119058 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 84.00- 236765 118947 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 454.75 237048 119059 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 548.58 334956 6/27/2010 124864 GRESSER COMPANIES INC. R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/27/2010 —5/2712010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 102,980.00 PARTIAL PAYMENT NO.7 237118 052810 4402.1705.30 CONTRACTOR PAYMENTS CONTRACTOR PAYMENTS Business Unit PW BUILDING PW BUILDING 5/26/2010 9:51:28 Page - 10 WATER TREATMENT SUPPLIES WATER TREATMENT CONSTR. IN PROGRESS COST OF GOODS SOLD DUES & SUBSCRIPTIONS WM -506 WM REPLACEMENT BY WiP 43 GRILL ENGINEERING GENERAL BOARD & ROOM PRISONER LEGAL SERVICES PROFESSIONAL SERVICES FIRE DEPT. GENERAL EQUIPMENT REPLACEMENT CENT SERV GEN - MIS CLEANING SUPPLIES PAINT EDINBOROUGH PARK EDINBOROUGH PARK 102,980.00 334956 5/27/2010 105539 GREYSTONE CONSTRUCTION CO. 62,906.15 PARTIAL PAYMENT NO. 5 237119 052810 4402.1705.30 62,906.15 334957 5/27/2010 100797 HAWKINS INC. 2,310.00 CHEMICALS 00001216 236911 3118844 5915.6586 2,310.00 334958 5/27/2010 100012 HD SUPPLY WATERWORKS LTD 149.52 SADDLE SLEEVE 00005495 236719 1334038 05506.1705 149.52 334959 5/27/2010 101209 HEIMARK FOODS 224.64 MEAT PATTIES 236973 022272 5421.5510 224.64 334960 5/27/2010 117651 HENNEPIN COUNTY GIS USER GROUP 10.00 MEMBERSHIP - REBECCA FOSTER 237014 033143 -2010 1260.6105 10.00 334961 5/27/2010 100801 HENNEPIN COUNTY TREASURER 2,662.30 APRIL 2010 ROOM & BOARD 236858 20104 -EDINA 1195.6225 2,662.30 334962 5/27/2010 101688 HENNEPIN TECHNICAL COLLEGE 2,000.00 CAPTAIN TESTING 237015 00200659 1470.6103 2,000.00 334963 512712010 116680 HEWLETT - PACKARD COMPANY 203.07 MONITOR 00004331 237016 47625690 1554.6710 203.07 334964 5/27/2010 103763 HILLYARD INC - MINNEAPOLIS 270.49 SOAP 00002279 236859 6313786 5620.6511 270.49 334965 6/2712010 100805 HIRSHFIELD'S 101.54 STAIN 00002280 236860 003391890 5620.6532 101.54 CONTRACTOR PAYMENTS Business Unit PW BUILDING PW BUILDING 5/26/2010 9:51:28 Page - 10 WATER TREATMENT SUPPLIES WATER TREATMENT CONSTR. IN PROGRESS COST OF GOODS SOLD DUES & SUBSCRIPTIONS WM -506 WM REPLACEMENT BY WiP 43 GRILL ENGINEERING GENERAL BOARD & ROOM PRISONER LEGAL SERVICES PROFESSIONAL SERVICES FIRE DEPT. GENERAL EQUIPMENT REPLACEMENT CENT SERV GEN - MIS CLEANING SUPPLIES PAINT EDINBOROUGH PARK EDINBOROUGH PARK 334973 5127/2010 124628 J E DUNN CONSTRUCTION 57,967.00 CONSTRUCTION MANAGEMENT CITY OF EUINA 8115 -10 R55CKREG LOG20000 57, 967.00 334974 5/27/2010 100829 JERRY S HARDWARE .93 236700 043010 Council Check Register 4.12 236700 043010 1552.6406 4.25 236700 5/27/2010 -5/27/2010 5.11 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 334966 5/2712010 104376 HOHENSTEINS INC. 160.00 236766 521545 5862.5514 COST OF GOODS SOLD BEER 465.00 236767 521517 5862.5514 COST OF GOODS SOLD BEER 643.00 237049 522276 5842.5514 COST OF GOODS SOLD BEER 1,268.00 334967 512712010 100417 HORIZON COMMERCIAL POOL SUPPLY 610.42 POOL CHEMICALS 00002271 236861 10050407 5620.6545 CHEMICALS 610.42 334968 612712010 122666 HYSER, TIMOTHY 399.50 SOFTBALL OFFICIATING 236935 052110 4077.6103 PROFESSIONAL SERVICES 399.50 334969 5/2712010 100812 IAAO 175.00 MEMBERSHIP - BEV MOOS 236862 10- 00011901 1190.6105 DUES & SUBSCRIPTIONS 175.00 334970 5/27/2010 120085 IDEAL SERVICE INC. 222.75 SERVICE CALL WfP2 00005663 236863 3999 5915.6180 CONTRACTED REPAIRS 222.75 334971 512712010 100814 INDELCO PLASTICS CORP. 52.11 PVC, TUBE CUTTERS 00005457 236912 606481 5915.6530 REPAIR PARTS 19.72 PVC, FITTINGS 00005533 236913 606864 5915.6530 REPAIR PARTS 71.83 334972 5/27/2010 126340 INGENIX SUBROGATION SERVICES 1,320.00 AMBULANCE OVERPAYMENT 236914 BRAYDEN 1470.4329 AMBULANCE FEES HAWKINSON 334973 5127/2010 124628 J E DUNN CONSTRUCTION 57,967.00 CONSTRUCTION MANAGEMENT 237017 8115 -10 4402.1705.24 57, 967.00 334974 5/27/2010 100829 JERRY S HARDWARE .93 236700 043010 1470.6406 4.12 236700 043010 1552.6406 4.25 236700 043010 5422.6406 5.11 236700 043010 5311.6406 5/2b,- -,0 9:51:28 Page - 11 Business Unit VERNON SELLING VERNON SELLING YORK SELLING EDINBOROUGH PARK EDINA ATHLETIC ASSOCIATION ASSESSING WATER TREATMENT WATER TREATMENT WATER TREATMENT FIRE DEPT. GENERAL CONSULTING CONSTR MGMT PW BUILDING GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES FIRE DEPT. GENERAL CENT SVC PW BUILDING MAINT OF COURSE & GROUNDS POOL OPERATION R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/27/2010 -5/27/2010 5/26/2010 9:51:28 Page - 12 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 6.65 236700 043010 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 7.24 236700 043010 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 20.92 236700 043010 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 27.35 236700 043010 4090.6406 GENERAL SUPPLIES 50TH&FRANCE MAINTENANCE 42.55 236700 043010 1495.6406 GENERAL SUPPLIES INSPECTIONS 53.29 236700 043010 5422.6406 GENERAL SUPPLIES MAINT OF COURSE 8 GROUNDS 61.42 236700 043010 5511.6406 GENERAL SUPPLIES ARENA BLDG /GROUNDS 182.30 236700 043010 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 208.11 236700 043010 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 219.32 236700 043010 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 275.99 236700 043010 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 291.58 236700 043010 5913.6406 GENERAL SUPPLIES DISTRIBUTION 555.90 236700 043010 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 914.72 236700 043010 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 2,881.75 334975 5/2712010 100741 JJ TAYLOR DIST. OF MINN 3,199.88 236768 1390226 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 40.00 236769 1390228 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 627.20 236770 1390234 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,309.27 236771 1390227 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 487.60 236974 1392545 5421.5514 COST OF GOODS SOLD BEER GRILL 314.55 236975 983536 5430.5514 COST OF GOODS SOLD BEER RICHARDS GOLF COURSE 6,560.51 237050 1390260 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 87.30 237051 1390268 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,652.45 237052 1390259 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 20,278.76 334977 5/27/2010 100836 JOHNSON BROTHERS LIQUOR CO. 97.12 236772 1834361 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 937.96 236773 1833991 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 201.90 236774 1833990 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 136.81 236775 1833989 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,003.95 236776 1825311 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 672.00 236777 1833555 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 49.12- 236778 459010 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 42.71- 236779 458313 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 54.48- 236780 457337 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1.12 237053 1837171 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 637.37 237054 1837169 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,393.78 237055 1837167 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 162.58 237056 1837170 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING R55CKREG LOG20000 Check # Date 334978 5/27/2010 334979 5/27/2010 334980 5/27/2010 Amount Supplier / Explanation 125.21 35.37 1,345.71 1.12 3,746.80 1,830.35 1,725.87 75.52 3,402.01 7,558.95 .28 31.37 62.74 2,063.79 1.12 3,546.84 1,009.54 196.79 1,350.26 6,918.36 161.64 112.62 - 14.72- 12.40- 40,125.84 120296 KAASA, GUNNAR 25.00 SAFETY GLASSES 237038 052110 1553.6610 25.00 104369 KARKHOFF, NANCY 47.02 UNIFORM PURCHASE 236864 052010 1400.6203 47.02 102080 KATTREH, ANN 460.50 MILEAGE REIMBURSEMENT 236865 051910 5621.6107 460.50 Subledger Account Description COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD MIX COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE 512b.__ .J 9:51:28 Page - 13 Business Unit 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING YORK SELLING YORK SELLING SAFETY EQUIPMENT EQUIPMENT OPERATION GEN UNIFORM ALLOWANCE POLICE DEPT. GENERAL MILEAGE OR ALLOWANCE EDINBOROUGH ADMINISTRATION 334981 5/27/2010 111018 KEEPRS INC. 7.47 UNIFORMS 00003742 237018 .141017 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 96.99 UNIFORMS 00003693 237019 139758 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL CITY OF -ANA Council Check Register 5/27/2010 -5/27/2010 PO # Doc No Inv No Account No 237057 1837166 5822.5512 237058 1837173 5822.5515 237059 1837172 5822.5512 237060 1837177 5842.5513 237061 1837184 5842.5513 237062 1837182 5842.5513 237063 1837181 5842.5513 237064 1837176 5842.5513 237065 1837183 5842.5512 237066 1837185 5842.5512 237067 1837174 5842.5512 237068 1837186 5842.5515 237069 1837175 5842.5515 237070 1837192 5862.5513 237071 1837180 5862.5513 237072 1837188 5862.5513 237073 1837190 5862.5513 237074 1837187 5862.5512 237075 1837191 5862.5512 237076 1837193 5862.5512 237077 1837178 5862.5512 237078 458062 5862.5512 237079 457640 5862.5512 237080 459225. 5842.5513 237081 459224 5842.5513 40,125.84 120296 KAASA, GUNNAR 25.00 SAFETY GLASSES 237038 052110 1553.6610 25.00 104369 KARKHOFF, NANCY 47.02 UNIFORM PURCHASE 236864 052010 1400.6203 47.02 102080 KATTREH, ANN 460.50 MILEAGE REIMBURSEMENT 236865 051910 5621.6107 460.50 Subledger Account Description COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD MIX COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD LIQUOR COST OF GOODS SOLD WINE COST OF GOODS SOLD WINE 512b.__ .J 9:51:28 Page - 13 Business Unit 50TH ST SELLING 50TH ST SELLING 50TH ST SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING YORK SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING VERNON SELLING YORK SELLING YORK SELLING SAFETY EQUIPMENT EQUIPMENT OPERATION GEN UNIFORM ALLOWANCE POLICE DEPT. GENERAL MILEAGE OR ALLOWANCE EDINBOROUGH ADMINISTRATION 334981 5/27/2010 111018 KEEPRS INC. 7.47 UNIFORMS 00003742 237018 .141017 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 96.99 UNIFORMS 00003693 237019 139758 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 14 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 104.46 334982 5/27/2010 105887 KOESSLER, JOE 262.00 APRIL SERVICE, LIGHT FIXTURE 236720 040110 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 262.00 334983 5127/2010 116776 KUSTOM KARRIERS 168.84 TOWING 00005104 236976 62259 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 168.84 334984 6/27/2010 124611 LARSCO INC. 2,273.23 VACUUM REGULATOR, METER 00005434 236866 2658 5915.6530 REPAIR PARTS WATER TREATMENT 2,273.23 334986 5/27/2010 100852 LAWSON PRODUCTS INC. 384.36 TAP & DIE 00005498 236867 9220618 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 384.36 334986 6/27/2010 100226 LIFEGUARD STORE INC, THE 36.75 LIFEGUARD SUIT 236701 INV009679 5311.6201 LAUNDRY POOL OPERATION 36.75 334987 5/27/2010 101792 LURE -TECH 190.62 WASHER FLUID 00005102 236721 1772266 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 64.70 GREASE 236868 1771146 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 255.32 334988 5/27/2010 112577 M. AMUNDSON LLP 1,913.94 237082 85728 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,913.94 334989 5127/2010 105677 MAGC 30.00 DUPLICATE PLAQUES 236977 052110 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 35.00 AWARDS BANQUET 236977 052110 2210.6104 CONFERENCES & SCHOOLS COMMUNICATIONS 65.00 334990 6/27/2010 117804 MALLOY MONTAGUE KARNOWSKI 100.00 AUDIT FOR 2009 236869 26879 5910.6130 PROFESSIONAL SERV - AUDIT GENERAL (BILLING) 600.00 AUDIT FOR 2009 236869 26879 5110.6130 PROFESSIONAL SERV - AUDIT ART CENTER ADMINISTRATION 600.00 AUDIT FOR 2009 236869 26879 5210.6130 PROFESSIONAL SERV - AUDIT GOLF DOME PROGRAM 600.00 AUDIT FOR 2009 236869 26879 5310.6130 PROFESSIONAL SERV - AUDIT POOL ADMINISTRATION 2,500.00 AUDIT FOR 2009 236869 26879 5820.6130 PROFESSIONAL SERV - AUDIT 50TH STREET GENERAL R55CKREG LOG20000 CITY OF oiNA 51261zulO 9:51:28 Council Check Register Page - 15 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,500.00 AUDIT FOR 2009 236869 26879 5840.6130 PROFESSIONAL SERV - AUDIT LIQUOR YORK GENERAL 2,500.00 AUDIT FOR 2009 236869 26879 5860.6130 PROFESSIONAL SERV - AUDIT VERNON LIQUOR GENERAL 9,400.00 334991 6/27/2010 114699 MANAGED SERVICES INC. 126.41 JANITORIAL SUPPLIES 236978 W26870 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 126.41 334992 6/27/2010 124000 MARTIN, KAYLIN 49.60 REIMBURSEMENT 236702 051710 2210.6406 GENERAL SUPPLIES COMMUNICATIONS 71.25 REIMBURSEMENT 236702 051710 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 75.00 REIMBURSEMENT 236702 051710 2210.6104 CONFERENCES & SCHOOLS COMMUNICATIONS 195.85 334993 612712010 122878 MARTT, DOROTHEA 425.00 HOSTING FEE -APRIL 237108 144 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 425.00 HOSTING FEE - MAY 237109 145 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 850.00 334994 5/27/2010 112360 MAY, DOUG 80.39 BOAT SNAPS 236979 052010 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 80.39 334996 6/27/2010 126369 MCARTHUR GOLF 231.66 MERCHANDISE 00006030 236980 0000378 -IN 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 231.66 334996 5/27/2010 100876 MCCAREN DESIGNS INC. 913.37 PLANTS 00002277 236870 48544 5620.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH PARK 913.37 334997 6/27/2010 101987 MENARDS 16.01 SPRAYER 00002276 236871 82965 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 16.01 334998 5/27/2010 102281 MENARDS 111.99 HERBICIDE, PRUNERS 00002062 236981 27091 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 111.99 334999 6127/2010 101891 METRO ATHLETIC SUPPLY 1,126.57 BALLFIELD SUPPLIES 00005290 236722 123472 1642.6406 GENERAL SUPPLIES FIELD MAINTENANCE 360.97 BALLFIELD SUPPLIES 00005304 236723 123658 1642.6406 GENERAL SUPPLIES FIELD MAINTENANCE R55CKREG LOG20000 CITY OF EDINA 101636 MINNESOTA DEPARTMENT OF HEALTH 35.00 HOSPITALITY FEE 00008053 236918 50011 5510.6105 DUES & SUBSCRIPTIONS 35.00 Council Check Register 101638 MINNESOTA DEPARTMENT OF HEALTH 35.00 HOSPITALITY FEE 236919 50245 4075.6406 GENERAL SUPPLIES 35.00 5/27/2010 — 5/2712010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 1,487.54 335000 5/2712010 104650 MICRO CENTER 76.84 CDS 00009203 236915 2749161 5125.6406 GENERAL SUPPLIES 64.02- RETURN 236916 2757789 5125.6406 GENERAL SUPPLIES 76.83 CDS 00009207 236917 2758279 5125.6406 GENERAL SUPPLIES 89.65 335001 5127/2010 100891 MIDWEST ASPHALT rORP. 4,049.18 ASPHALT 00001224 236724 104207MB 5913.6518 BLACKTOP 4,049.18 335002 5/27/2010 100891 MIDWEST ASPHALT CORP. 9,151.19 PARTIAL PAYMENT NO. 1 237120 051010 01360.1705.30 CONTRACTOR PAYMENTS 24,400.54 PARTIAL PAYMENT NO. 1 237120 051010 04358.1705.30 CONTRACTOR PAYMENTS 33,551.73 335003 5/2712010 103186 MIDWEST FUELS 2,171.26 FUEL 00005546 236703 51101 1553.6581 GASOLINE 2,171.26 335004 5/27/2010 100913 MINNEAPOLIS & SUBURBAN SEWER & 1,960.00 REPLACE WATER SERVICE 00005466 236725 33625 5913.6180 CONTRACTED REPAIRS 1,960.00 335005 5/2712010 101302 MINNESOTA CITY /COUNTY 116.90 DUES - HEATHER WORTHINGTON 236704 051810 1120.6105 DUES & SUBSCRIPTIONS 116.90 335006 5/27/2010 101638 MINNESOTA DEPARTMENT OF HEALTH 5/26/2010 9:51:28 Page - 16 Business Unit MEDIA STUDIO MEDIA STUDIO MEDIA STUDIO DISTRIBUTION BA -360 PAMELA PARK N'HOOD STS -358 PAMELA PARK EQUIPMENT OPERATION GEN DISTRIBUTION ADMINISTRATION 22,058.00 CONNECTION FEE 236705 MAY132010 5915.6136 PROFESSIONAL SVC - OTHER WATER TREATMENT 22,058.00 335007 5/27/2010 101636 MINNESOTA DEPARTMENT OF HEALTH 35.00 HOSPITALITY FEE 00008053 236918 50011 5510.6105 DUES & SUBSCRIPTIONS 35.00 335008 6/27/2010 101638 MINNESOTA DEPARTMENT OF HEALTH 35.00 HOSPITALITY FEE 236919 50245 4075.6406 GENERAL SUPPLIES 35.00 335009 5127/2010 101638 MINNESOTA DEPARTMENT OF HEALTH ARENA ADMINISTRATION VANVALKENBURG CITY OF EDINA 5/26/200 9:51:28 R55CKREG LOG20000 Council Check Register Page - 17 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 35.00 HOSPITALITY FEE 237020 50265 5310.6105 DUES & SUBSCRIPTIONS POOL ADMINISTRATION 35.00 335010 5/27/2010 118144 MINNESOTA PREMIER PUBLICATIONS 502.66 NEWSPAPER ADVERTISING 236920 113337 5862.6122 ADVERTISING OTHER VERNON SELLING 502.67 NEWSPAPER ADVERTISING 236920 113337 5822.6122 ADVERTISING OTHER 50TH ST SELLING 502.67 NEWSPAPER ADVERTISING 236920 113337 5842.6122 ADVERTISING OTHER YORK SELLING 1,508.00 335011 512712010 118129 MINNESOTA SOCIETY OF CPAS 359.00 ERIC ROGGEMAN 236706 XMBAC- 6/14 &15 1160.6104 CONFERENCES & SCHOOLS FINANCE 359.00 335012 5127/2010 100908 MINNESOTA WANNER CO. 50.48 SPRAYER PARTS 00005305 236726 0084455 -IN 1642.6530 REPAIR PARTS FIELD MAINTENANCE 50.48 335013 512712010 101385 MITY -LITE INC 1,26014 TABLES & CHAIRS 00002074 236982 IN- 498280 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 1,260.14 335014 5/27/2010 103246 MOIR, BILL 200.00 PETTY CASH 236955 051810 5300.1030 PETTY CASH AQUATIC CENTER BALANCE SHEET 300.00 CASH REGISTERS 236955 051810 5300.1040 CHANGE FUND AQUATIC CENTER BALANCE SHEET 800.00 CHANGE FUND 236955 051810 5300.1040 CHANGE FUND AQUATIC CENTER BALANCE SHEET 1,300.00 335015 5/27/2010 122019 MOORE CREATIVE TALENT 500.00 HOSTING FEE 236707 128815 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 500.00 335016 5127/2010 108668 MORRIS, GRAYLYN 175.00 PERFORMANCE 6/10/10 236950 051010 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 175.00 335017 5/27/2010 102395 MOSE, WILLIAM 352.50 SOFTBALL OFFICIATING 236936 052110 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 352.50 335018 5/27/2010 100906 MTI DISTRIBUTING INC. 314.04 BEDKNIFE, BEDBAR 236872 729367 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 1,011.33 ROPS KIT, SUNSHADE ROOF 236873 716815 -00 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/27/2010 — 5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 37.55 SWITCH 00006241 236874 728936 -00 5422.6530 REPAIR PARTS 5/26/2010 9:51:28 Page - 18 Business Unit MAINT OF COURSE & GROUNDS COST OF GOODS SOLD WINE VERNON SELLING EDUCATION PROGRAMS SENIOR SPECIAL EVENTS PUBLIC PROGRAMS SENIOR CITIZENS COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES CONTRACTOR PAYMENTS PW BUILDING CONTRACTOR PAYMENTS PW BUILDING PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION OFFICE SUPPLIES GOLF ADMINISTRATION TELEPHONE CLUB HOUSE 1,362.92 335019 5/27/2010 100076 NEW FRANCE WINE CO. 549.00 236781 59941 5862.5513 549.00 335020 612712010 122449 NEW LIFE ENTERPRISES INC. 60.00 GUN SAFETY TRAINING MANUALS 236983 2257 7414.6218 60.00 335021 6/27/2010 126311 NIELSEN, BETTY 22.00 DEFENSIVE DRIVING REFUND 236954 051110 1628.4392.09 22.00 336022 5/2712010 104350 NIKE USA INC. 257.64 MERCHANDISE 236984 926429574 5440.5511 257.64 335023 5/2712010 100292 NORTHERN ESCROW INC. 116,850.00 PARTIAL PAYMENT NO.7 237121 052810 4402.1705.30 116,850.00 335024 5127/2010 126210 NORTHERN WOODWORK INC. 10,996.63 PARTIAL PAYMENT NO. 2 237122 052810 4402.1705.30 10,996.63 335025 5/27/2010 103969 NORTHSTAR BARBERSHOP CHORUS 125.00 PERFORMANCE 6/6/10 236946 051010 5631.6136 125.00 335026 5/27/2010 100933 NORTHWEST GRAPHIC SUPPLY 130.80 PAINTS, GLUE STICKS 00009159 236921 38874100 5120.5510 130.80 335027 512712010 103578 OFFICE DEPOT 64.41 OFFICE SUPPLIES 00002273 236875 518214316001 5621.6406 18.11 PAPER 236985 1214128419 5410.6513 82.52 335028 5/27/2010 102712 OFFICE OF ENTERPRISE TECHNOLOG 353.26 237021 W10040619 5420.6188 5/26/2010 9:51:28 Page - 18 Business Unit MAINT OF COURSE & GROUNDS COST OF GOODS SOLD WINE VERNON SELLING EDUCATION PROGRAMS SENIOR SPECIAL EVENTS PUBLIC PROGRAMS SENIOR CITIZENS COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES CONTRACTOR PAYMENTS PW BUILDING CONTRACTOR PAYMENTS PW BUILDING PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION OFFICE SUPPLIES GOLF ADMINISTRATION TELEPHONE CLUB HOUSE R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 22.30 22.30 44.60 44.60 66.90 80.85 89.20 89.95 111.50 118.53 133.80 154.71 199.90 335029 CITY OF EDINA 124089 OHMANN, NANCY COST OF GOODS SOLD WINE Council Check Register COST OF GOODS SOLD WINE VERNON SELLING 5/27/2010 -5/27/2010 ART WORK SOLD PO # Doc No Inv No Account No Subledger Account Description 237022 W10040613 1646.6188 TELEPHONE 237022 W10040613 1550.6188 TELEPHONE 237022 W10040613 5111.6188 TELEPHONE 237022 W10040613 1646.6188 TELEPHONE 237022 W10040613 5861.6188 TELEPHONE 237022 W10040613 5311.6188 TELEPHONE 237022 W10040613 1481.6188 TELEPHONE 237022 W10040613 5821.6188 TELEPHONE 237022 W10040613 1646.6188 TELEPHONE 237022 W10040613 1646.6188 TELEPHONE 237022 W10040613 5841.6188 TELEPHONE 237022 W10040613 5210.6188 TELEPHONE 237022 W10040613 5631.6188 TELEPHONE 237022 W10040613 5621.6188 TELEPHONE 237022 W10040613 1622.6188 TELEPHONE 335029 5/27/2010 COST OF GOODS SOLD WINE 124089 OHMANN, NANCY COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING 96.85 ART WORK SOLD 236922 051710 5101.4413 96.85 335030 5127/2010 100936 OLSEN COMPANIES 330.32 TRACER WIRE 00005542 236923 593570 05506.1705 330.32 335031 5/2712010 118891 OLSON, LYNN 53.92 UNIFORM PURCHASE 237023 052010 1400.6203 53.92 335032 5127/2010 116669 ON CALL SERVICES 413.60 SAFETY TIES 236924 2054 5620.6530 413.60 335033 5/27/2010 101659 ORKIN PEST CONTROL 112.65 PEST CONTROL 237024 55210192 1551.6180 112.65 335034 5/27/2010 100347 PAUSTIS & SONS 62.00 236782 8260859 -IN 5842.5515 941.50 236783 8260858 -IN 5842.5513 339.00 236784 8260505 -IN 5862.5513 1,483.25 236785 8260861 -IN 5862.5513 ART WORK SOLD CONSTR. IN PROGRESS UNIFORM ALLOWANCE REPAIR PARTS CONTRACTED REPAIRS 5/26/2010 9:51:28 Page - 19 Business Unit BUILDING MAINTENANCE CENTRAL SERVICES GENERAL ART CENTER BLDG /MAINT BUILDING MAINTENANCE VERNON OCCUPANCY POOL OPERATION YORK FIRE STATION 50TH ST OCCUPANCY BUILDING MAINTENANCE BUILDING MAINTENANCE YORK OCCUPANCY GOLF DOME PROGRAM CENTENNIAL ADMINISTRATION EDINBOROUGH ADMINISTRATION SKATING & HOCKEY ART CENTER REVENUES WM -506 WM REPLACEMENT BY WiP #3 POLICE DEPT. GENERAL EDINBOROUGH PARK CITY HALL GENERAL COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 20 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 508.50 236786 8260860 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 3.334.25 336036 6/27/2010 124366 PEARSON, JACK 175.00 PERFORMANCE 6/8/10 236948 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 175.00 336036 6/27/2010 100946 PEPSI -COLA COMPANY 518.00 236986 56169808 5421.5510 COST OF GOODS SOLD GRILL 518.00 336037 6/27/2010 100743 PHILLIPS WINE & SPIRITS 320.00 236787 2909189 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 115.25 236788 2909190 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 6.00- 236789 3435951 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4.91- 236790 3437214 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 6.77- 236791 3436913 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 74.24 237083 2912048 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,813.06 237084 2912046 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,120.08 237085 2912040 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 316.53 237086 2912044 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 57.12 237087 2912045 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,358.37 237088 2912047 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,845.83 237089 2912042 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,188.47 237090 2912043 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 987.84 237091 2912039 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,867.48 237092 2912041 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 603.06 237093 2912037 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,023.82 237094 2912035 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 536.08 237095 2912036 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 16,209.55 335038 6/27/2010 124176 PINNACLE DISTRIBUTING 280.00 237096 10612 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 280.00 335039 6/27/2010 111779 PIONEER RESEARCH CORPORATION 1,694.99 GEL STRIPPER 00005552 236727 217507 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 1,694.99 336040 6/27/2010 102748 PIRTEK PLYMOUTH 383.90 HOSE REPAIR 00006244 236876 S1387185.001 5422.6180 CONTRACTED REPAIRS MAINT OF COURS' % ROUNDS R55CKREG LOG20000 236792 CITY OF EDINA 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,833.61 236793 Council Check Register 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 408.10 236794 5/27/2010 —5/27/2010 COST OF GOODS SOLD WINE Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 2,291.61 236796 383.90 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,833.20 335041 5/27/2010 5862.5513 119620 POMP'S TIRE SERVICE INC. VERNON SELLING 1,084.84 236798 307298 -00 5862.5513 1,579.03 TIRES 00005420 236877 541097 1553.6583 TIRES 8 TUBES 5862.5512 COST OF GOODS SOLD LIQUOR 1,579.03 1,051.73 236800 307172 -00 5822.5512 335042 5127/2010 668.38 114070 PRECISION AUTO UPHOLSTERY INC. 307299-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 504.20 125.39 SEAT PAD REPAIR 00005103 236925 17790 1553.6530 REPAIR PARTS 45.36- 236803 125.39 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 8.67- 335043 5/27/2010 5822.5513 100964 PRECISION TURF $ CHEMICAL 50TH ST SELLING 5.64- 237097 304747 -00 5842.5513 2,838.28 HERBICIDE, FUNGICIDE 00006232 236878 34554 5422.6545 CHEMICALS 2,838.28 335044 5/27/2010 122061 PRESTIGE BUILDERS OF MINNESOTA 36,100.00 PARTIAL PAYMENT NO. 1 237123 052810 4402.1705.30 CONTRACTOR PAYMENTS 36,100.00 335045 512712010 122940 PWC - KORPACZ SURVEY 465.00 KORPACZ SURVEY SUBSCRIPTION 236708 051810 1190.6105 DUES & SUBSCRIPTIONS 465.00 335046 5/27/2010 100971 QUALITY WINE 5/26/2010 9:51:28 Page - 21 Business Unit EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN MAINT OF COURSE 8 GROUNDS PW BUILDING ASSESSING 3,682.31 236792 307170 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,833.61 236793 305801 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 408.10 236794 306250 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 114.89 236795 307297 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,291.61 236796 305683 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,833.20 236797 307458 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,084.84 236798 307298 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,507.56 236799 307171 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,051.73 236800 307172 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 668.38 236801 307299-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 504.20 236802 306251 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 45.36- 236803 304071 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 8.67- 236804 304760 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5.64- 237097 304747 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 18,920.76 335047 5127/2010 100466 R & R PRODUCTS INC. 215.12 CUP CUTTERS, BLADES 00006425 236879 CD1331469 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 215.12 R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 22 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 335048 5/2712010 100972 R &R SPECIALTIES OF WISCONSIN I 58.78 ZAMBONI SPREADER CLOTH 00008046 236709 0045142 -IN 5521.6406 GENERAL SUPPLIES ARENA ICE MAINT 58.78 33.5049 5/27/2010 124537 RALPH, ROBERT 282.00 SOFTBALL OFFICIATING 236937 052110 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 282.00 335050 6/27/2010 101111 REED BUSINESS INFORMATION 255.84 AD FOR BID 236987 4368616 1120.6120 ADVERTISING LEGAL ADMINISTRATION 255.84 AD FOR BID 236988 4370458 1120.6120 ADVERTISING LEGAL ADMINISTRATION 511.68 335051 6/27/2010 126363 RELUMINATE INC. 500.00 OUTDOOR LIGHTS 237025 17139 45008.6710 EQUIPMENT REPLACEMENT FIRE STATION #1 RENOVATION 500.00 335052 5/27/2010 119864 RHINO 412.81 MANHOLE MARKING POSTS 00005454 236728 34548 5923.6406 GENERAL SUPPLIES COLLECTION SYSTEMS 412.81 335053 5/27/2010 119755 RICCI, PATRICE 188.00 SOFTBALL OFFICIATING 236938 052110 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 188.00 335054' 5127/2010 126343 RICHFIELD DQ GRILL AND CHILL 75.90 DILLY BARS 236926 501 5620.5510 COST OF GOODS SOLD EDINBOROUGH PARK 84.00 DILLY BARS 236927 503 5620.5510 COST OF GOODS SOLD EDINBOROUGH PARK 159.90 336055 6/2712010 116393 ROGERS, RUSS .200.00 PERFORMANCE 6/1/10 236940 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 200.00 335056 612712010 122470 RTL CONSTRUCTION INC. 33,958.70 PARTIAL PAYMENT NO. 6 237124 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 33.958.70 335057 5/2712010 101682 S & S WORLDWIDE INC. 79.55 PLAYGROUND SUPPLIES 236729 6589320 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 79.55 5/26P�u10 9:51:28 Page - 23 Business Unit SUPERVISION 8 OVERHEAD GRILL FIRE DEPT. GENERAL 235.00 SOFTBALL OFFICIATING CITY OF EDINA 052110 R55CKREG LOG20000 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 235.00 Council Check Register 335062 512712010 5/27/2010 —5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 335058 6127/2010 236730 100988 SAFETY KLEEN 1646.6201 LAUNDRY BUILDING MAINTENANCE 102.26 HAZARDOUS WASTE DISPOSAL 00005561 236928 50709830 1280.6271 HAZ. WASTE DISPOSAL 102.26 335063 5/27/2010 335059 6/27/2010 101634 SAINT AGNES BAKING COMPANY 48.90 BAKERY 236989 281859 5421.5510 COST OF GOODS SOLD 147025 1314.6406 48.90 STREET RENOVATION 335060 5/27/2010 118168 SANSIO 335064 755.61 EMS SUBSCRIPTION 237034 INVO17154 1470.6160 DATA PROCESSING 755.61 335061 6/27/2010 236941 119799 SCHIMETZ, SCOTT 5631.6136 PROFESSIONAL SVC - OTHER 5/26P�u10 9:51:28 Page - 23 Business Unit SUPERVISION 8 OVERHEAD GRILL FIRE DEPT. GENERAL 50.00 PERFORMANCE 6/6/10 236945 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 50.00 235.00 SOFTBALL OFFICIATING 236939 052110 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 235.00 335062 512712010 118092 SCHMIDT, JIM 118.96 UNIFORM PURCHASE 236730 051810 1646.6201 LAUNDRY BUILDING MAINTENANCE 118.96 335063 5/27/2010 101862 SEVEN CORNERS HARDWARE INC. 192.94 FLOATS, PENCILS 00005553 236731 147025 1314.6406 GENERAL SUPPLIES STREET RENOVATION 192.94 335064 6/27/2010 103249 SHANNON, JIM 140.00 PERFORMANCE 6/1/10 236941 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 140.00 335065 6/2712010 125096 SIERRA METALS INC. 12,749.00 PARTIAL PAYMENT NO. 5 237125 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 12,749.00 335066 5/2712010 126309 SMITH, BRIAN 13.00 REIMBURSEMENT 236710 051710 2210.6106 MEETING EXPENSE COMMUNICATIONS 52.00 REIMBURSEMENT 236710 051710 2210.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 65.00 335067 6/2712010 117819 SOUTH OF THE RIVER COMMUNITY B 50.00 PERFORMANCE 6/6/10 236945 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 50.00 R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 24 5/27/2010 —5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 336068 5/2712010 103273 SOUTHSIDE BIG BAND 150.00 PERFORMANCE 6/7/10 236947 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 150.00 335069 5/27/2010 105193 SPAIN, MARK 2,160.00 TREE TRIMMING 236880 042310 5422.6180 CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS 2,160.00 336070 512712010 116176 ST. CROIX HARLEY - DAVIDSON 222.17 MOTORCYCLE WORKORDER 236881 561916 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 222.17 335071 6127/2010 103277 ST. JOSEPH EQUIPMENT CO INC 122.00 WIPER ARM 00001940 236882 B108509 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 122.00 335072 6/27/2010 121569 STOCKER EXCAVATING CO. 11,129.25 PARTIAL PAYMENT NO. 4 237126 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 11,129.25 335073 5127/2010 117992 STRINGER BUSINESS SYSTEMS 3.44 COPIER USAGE 237033 7477385 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 2.24 237106 7341379 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL .66 237107 7246087 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 6.34 335074 5127/2010 101765 STROH, STEVE 84.15 UNIFORM PURCHASE 236883 052010 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 84.15 335076 5/27/2010 102639 STROHMYER, TOM 150.00 PERFORMANCE 6/3/10 236943 050310 5631.6136 PROFESSIONAL SVC - OTHER CENTENNIAL ADMINISTRATION 150.00 335076 512712010 101017 SUBURBAN CHEVROLET 90.84 HARNESS 00005357 236990 236840 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 90.84 335077 6/27/2010 113841 SUMMIT FIRE PROTECTION CO. 20,832.65 PARTIAL PAYMENT NO. 6 237127 052810 4402.1705.30 CONTRACTOR PAYMENTS PW BUILDING 20,832.65 R55CKREG LOG20000 CITY OF LU1NA Council Check Register 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 335078 5/27/2010 113841 SUMMIT FIRE PROTECTION CO. 50,184.89 PARTIAL PAYMENT NO. 5 237128 052510 4402.1705.30 CONTRACTOR PAYMENTS 50,184.89 335079 5/27/2010 100900 SUN NEWSPAPERS 636.35 PUBLISH ORD 237026 1247629 1120.6120 ADVERTISING LEGAL 42.90 PUBLISH AMENDMENT 237027 1249455 1120.6120 ADVERTISING LEGAL 17.88 PUBLISH NOTICE 237028 1251000 1120.6120 ADVERTISING LEGAL 128.70 AD FOR BID 237029 . 1251001 1120.6120 ADVERTISING LEGAL 35.75 PUBLISH NOTICE 237030 1251002 1120.6120 ADVERTISING LEGAL 39.33 PUBLISH NOTICE 237031 1251003 1120.6120 ADVERTISING LEGAL 39.33 PUBLISH NOTICE 237032 1251004 1120.6120 ADVERTISING LEGAL 940.24 335080 5/27/2010 126211 SUPERIOR CRANE CORP. 12,468.75 PARTIAL PAYMENT NO. 2 237129 052810 4402.1705.30 CONTRACTOR PAYMENTS 12,468.75 335081 5/27/2010 121492 SUPERIOR TURF SERVICES INC. 1,342.35 FUNGICIDE 00006233 236884 5983 5422.6545 CHEMICALS 1,342.35 335082 5/27/2010 110674 SUPERIOR WIRELESS COMMUNICATIO 35.00 MAINTENANCE 236885 27408 1400.6188 TELEPHONE 35.00 335083 5/27/2010 120998 SURLY BREWING CO. 821.00 236805 MVP00794 5862.5514 COST OF GOODS SOLD BEER 688.00 236806 MVP00781 5862.5514 COST OF GOODS SOLD BEER 11509.00 335084 5/27/2010 111616 T.D. ANDERSON INC. 38.00 BEERLINE CLEANING 236991 586417 5421.6102 CONTRACTUAL SERVICES 38.00 335085 5/27/2010 106673 TAPCO 737.48 ROAD WORK AHEAD SIGNS 00001786 236732 336896 1301.6406 GENERAL SUPPLIES 737.48 335086 6/27/2010 102127 TAYLOR & ASSOCIATES INC. 18,863.98 CHAISE LOUNGES 00007141 236886 15521 5311.6406 GENERAL SUPPLIES 18,863.98 5126/zu10 9:51:28 Page - 25 Business Unit PW BUILDING ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION PW BUILDING MAINT OF COURSE & GROUNDS POLICE DEPT. GENERAL VERNON SELLING VERNON SELLING GRILL GENERAL MAINTENANCE POOL OPERATION R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register Page - 26 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 336087 6/2712010 113549 TENNIS WEST 790.00 BACKSTOP REPAIRS 00005588 236733 TC -10 -066 1642.6180 CONTRACTED REPAIRS FIELD MAINTENANCE 900.00 TENNIS COURT REPAIRS 00005587 236734 TC -10 -061 1647.6180 CONTRACTED REPAIRS PATHS & HARD SURFACE 1,690.00 335088 5/27/2010 101035 THORPE DISTRIBUTING COMPANY 58.60 236807 591076 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,414.75 236808 591075 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 468.05 236992 592448 5421.5514 COST OF GOODS SOLD BEER GRILL 528.00 236993 00771022 5421.5514 COST OF GOODS SOLD BEER GRILL 2,469.40 336089 6/27/2010 114354 TILSNER CARTON CO. 1,174.13 CARDBOARD BACKING FOR RANGE 236994 465748 7412.6406 GENERAL SUPPLIES PSTF RANGE 1,174.13 335090 6/2712010 123129 TIMESAVER OFF SITE SECRETARIAL 168.75 DRAFT COUNCIL MEETING 4/20/10 236735 M17665 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 200.00 DRAFT COUNCIL MEETING 5/4/10 236736 M17698 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 368.75 335091 5/27/2010 101293 TODD, DARRELL 31.04 REHAB WATER 237035 052110 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 47.00 CONFERENCE EXPENSE 237035 052110 1470.6107 MILEAGE OR ALLOWANCE FIRE DEPT. GENERAL 78.04 336092 5127/2010 101042 TRIARCO 1,182.22 PLAYGROUND CRAFT SUPPLIES 236737 615520 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 89.37 PLAYGROUND CRAFT SUPPLIES 236738 613865 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 57.99 BRUSHES 00009201 236929 601437 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 1,329.58 335093 5/27/2010 123969 TWIN CITIES OCCUPATIONAL HEALT 484.00 PHYSICAL EXAM 236930 101663671 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 484.00 336094 6/2712010 101049 UHL COMPANY 5,500.00 RECOMMISSIONING PROJECT 236995 49639 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 5,500.00 335095 5/27/2010 122221 UNITED RENTALS NORTHWEST INC. R55CKREG LOG20000 101063 VERSATILE VEHICLES INC. CITY OF tDINA 2,095.00 2003 E -Z -GO TXT ELEC PDS WHITE 00001970 236889 Council Check Register 421553.6710 1,175.00 2010 E -Z -GO TXT GAS CART 00006412 236890 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description DIAGNOSTIC TOOL 00006231 1,997.49 VIB. PLATE 00005483 236739 87396477 -001 1301.6406 GENERAL SUPPLIES 00006221 236893 1,997.49 5423.6406 5,440.71 335096 6127/2010 124446 VALUE ADDED SERVICES INC. 119464 VINOCOPIA 214.55 POSTER FRAME 236887 00011328 5311.6406 GENERAL SUPPLIES 5862.5512 214.55 335097 5/27/2010 101069 VOSS LIGHTING 101058 VAN PAPER CO. 206.80 LIGHTING 290.37 LIQUOR BAGS 00007512 236931 160172 -00 5842.6512 PAPER SUPPLIES FLOURESCENT SPOTLIGHTS 00005536 18.92 GUN CLEANING CLOTHS 236996 159285 -01 7412.6406 GENERAL SUPPLIES 309.29 335102 512712010 124959 W. L. HALL COMPANY 336098 6/27/2010 102970 VERIZON WIRELESS 10,925.00 PARTIAL PAYMENT NO. 5 237130 052810 4402.1705.30 93.99 10,925.00 236888 2399274955 1400.6188 TELEPHONE 32.50 236932 2400156418 5952.6188 TELEPHONE 37.02 236932 2400156418 1640.6188 TELEPHONE 67.95 236932 2400156418 1495.6188 TELEPHONE 96.18 236932 2400156418 1600.6188 TELEPHONE 110.04 236932 2400156418 1120.6188 TELEPHONE 283.15 236932 2400156418 1470.6188 TELEPHONE 335099 5/2712010 101063 VERSATILE VEHICLES INC. 2,095.00 2003 E -Z -GO TXT ELEC PDS WHITE 00001970 236889 51010002 421553.6710 1,175.00 2010 E -Z -GO TXT GAS CART 00006412 236890 51010001 5423.6710 201.41 STARTER BRUSHES 00006242 236891 47809 5423.6530 633.36 DIAGNOSTIC TOOL 00006231 236892 47650 5423.6530 1,335.94 WINDSHIELD KITS 00006221 236893 47653 5423.6406 5,440.71 336100 6/27/2010 119464 VINOCOPIA 113.50 236809 0026132 -IN 5862.5512 113.50 335101 5/27/2010 101069 VOSS LIGHTING 206.80 LIGHTING 00005008 236894 15151602 -00 5111.6406 118.91 FLOURESCENT SPOTLIGHTS 00005536 236895 15155336 -00 1646.6406 325.71 335102 512712010 124959 W. L. HALL COMPANY 10,925.00 PARTIAL PAYMENT NO. 5 237130 052810 4402.1705.30 10,925.00 EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT REPAIR PARTS REPAIR PARTS GENERAL SUPPLIES 5 /26izu10 9:51:28 Page - 27 Business Unit GENERAL MAINTENANCE POOL OPERATION YORK SELLING PSTF RANGE POLICE DEPT. GENERAL RECYCLING PARK MAINTENANCE GENERAL INSPECTIONS PARK ADMIN. GENERAL ADMINISTRATION FIRE DEPT. GENERAL EQ OPER CENTRAL SERV EQUIPMENT GOLF CARS GOLF CARS GOLF CARS GOLF CARS COST OF GOODS SOLD LIQUOR VERNON SELLING GENERAL SUPPLIES ART CENTER BLDG /MAINT GENERAL SUPPLIES BUILDING MAINTENANCE CONTRACTOR PAYMENTS PW BUILDING R55CKREG LOG20000 CITY OF EDINA Council Check Register 5/27/2010 —5/27/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 336103 6127/2010 126310 WADE, PATRICK 62.15 UTILITY OVERPAYMENT REFUND 236953 051810 5900.2015 CUSTOMER REFUND REPAIR PARTS REPAIR PARTS CONTRACTOR PAYMENTS UNIFORM ALLOWANCE CONFERENCES & SCHOOLS GENERAL SUPPLIES 5/2612010 9:51:28 Page - 28 Business Unit UTILITY BALANCE SHEET EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PW BUILDING POLICE DEPT. GENERAL PARK MAINTENANCE GENERAL ARENA BLDG /GROUNDS COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX 50TH ST SELLING 62.15 335104 6/27/2010 106699 WALSER CHRYSLER JEEP 164.78 MOTOR BLOWER 00005074 236933 168592CHWB 1553.6530 34.85 SENSOR 00005628 236997 168724CHWB 1553.6530 199.63 336106 6/27/2010 124866 WASCHE COMMERCIAL FINISHES INC 41,619.50 PARTIAL PAYMENT NO. 4 237131 052810 4402.1705.30 41,619.50 335106 5/27/2010 101944 WATERSTREET, JOAN M 247.87 UNIFORM PURCHASE 236896 051910 1400.6203 247.87 335107 5/27/2010 117074 WEIERKE, DAVID 1,266.40 TUITION REIMBURSEMENT 236740 051710 1640.6104 1,266,40 335108 5/27/2010 103196 WHEELER HARDWARE CO 273.00 DOOR REPAIR 00008042 236711 SPI06521 5511.6406 273.00 335109 6/27/2010 101033 WINE COMPANY, THE 180.00 236810 242890 -00 5862.5513 1,223.41 236811 243176 -00 5862.5513 634.26 236812 243050 -00 5822.5513 8.00- 236813 241630 -00 5862.5513 860.46 237098 243049 -00 5842.5513 2,890.13 336110 612712010 101312 WINE MERCHANTS 1,064.58 237099 318290 5822.5513 1,100.72 237100 318291 5842.5513 4,738.88 237101 318292 5862.5513 6,904.18 335111 6/27/2010 124291 WIRTZ BEVERAGE MINNESOTA 75.29 236814 401699 5822.5515 REPAIR PARTS REPAIR PARTS CONTRACTOR PAYMENTS UNIFORM ALLOWANCE CONFERENCES & SCHOOLS GENERAL SUPPLIES 5/2612010 9:51:28 Page - 28 Business Unit UTILITY BALANCE SHEET EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN PW BUILDING POLICE DEPT. GENERAL PARK MAINTENANCE GENERAL ARENA BLDG /GROUNDS COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX 50TH ST SELLING R55CKREG LOG20000 CITY OF EDINA 5 /26 /'[u10 9:51:28 Council Check Register Page - 29 5/27/2010 -5/27/2010 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 143.24 236814 401699 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,462.64 236815 401698 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,027.33 236816 401697 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 4,924.45 236817 401693 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 287.70 236818 400046 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 676.33 236819 400045 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5,396.16 236820 401695 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 63.95 236821 401696 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,566.40 236822 401702 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,566.40 236823 398578 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 154.51 236824 401701 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 3,875.04 236825 401703 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 63.95 236826 401704 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 127,78- 236827 801585 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 9.32- 236828 801377 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 57.10- 236829 800939 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 62.39- 236830 801501 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 80.88- 236831 801502 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 8,339.90 237102 401700 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 895.39 237103 401561 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 31,181.21 335112 6/27/2010 124529 WIRTZ BEVERAGE MINNESOTA BEER 2,962.85 236832 608509 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 88.80 236833 608510 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING .03 236834 608228 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,670.45 236835 608229 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,913.14 236836 608212 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,486.05 236837 609113 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 64.50 236838 609114 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 128.00 236998 610380 5421.5514 COST OF GOODS SOLD BEER GRILL 585.00 236999 610382 5421.5514 COST OF GOODS SOLD BEER GRILL 1,821.80 237104 610809 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 14,720.62 336113 5/27/2010 121699 WM LAMPTRACKER INC. 399.48 LAMP RECYCLING 236712 304970 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 399.48 335114 5/27/2010 101086 WORLD CLASS WINES INC 821.65 236839 248154 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,371.30 236840 248159 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKREG LOG20000 CITY OF EDINA 5/26/2010 9:51:28 Council Check Register . Page - 30 5/27/2010 —5/27/2010 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,543.15 236841 248155 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 3,736.10 335115 5/27/2010 101726 XCEL ENERGY 29.04 51- 5276505 -8 236741 239135972 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 3,992.47 51- 92079844 -7 237036 236317283 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 4,021.51 335116 6/27/2010 119647 YOCUM OIL COMPANY INC. 8,509.17 DIESEL FUEL 00001010 236897 981934 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 14,332.80 UNLEADED GASOLINE 00001010 236898 982062 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 22,841.97 335117 5/27/2010 104162 TOPPERS AND MORE 963.21 TOPPER FOR 47.220 237200 052510 421650.6710 EQUIPMENT REPLACEMENT PARK MAINT EQUIPMENT 963.21 1,737,383.70 Grand Total Payment Instrument Totals Check Total 1,737,383.70 Total Payments 1,737,383.70 R55CKSUM LOG20000 CITY Ot _ —ANA Council Check Summary 5/27/2010 - 5/27/2010 Company Amount 01000 GENERAL FUND 70,983.32 02200 COMMUNICATIONS FUND 2,745.53 04000 WORKING CAPITAL FUND 1,336,811.33 04200 EQUIPMENT REPLACEMENT FUND 9,758.41 05100 ART CENTER FUND 1,338.81 05200 GOLF DOME FUND 754.71 05300 AQUATIC CENTER FUND 24,773.71 05400 GOLF COURSE FUND 18,214.88 05500 ICE ARENA FUND 1,696.49 05600 EDINBOROUGH /CENT LAKES FUND 9,951.63 05800 LIQUOR FUND 189,683.53 05900 UTILITY FUND 38,909.05 05930 STORM SEWER FUND 24,400.54 05950 RECYCLING FUND 32.50 07400 PSTF AGENCY FUND 7,329.26 Report Totals 1,737,383.70 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 policjes 4ind _ procedu ,�-1 5 /k. J 9:52:16 Page - 1 owe \&N W REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item Item No. VII. A. From: Debra Mangen City Clerk F-1 Action F-1 Discussion ® Information Date: June 1, 2010 Subject: CORRESPONDENCE INFORMATION /BACKGROUND: Attached are copies of a -mails and letters received since the last Council meeting. Susan Howl Subject: FW: Community of Excellence RECEIVED MAY 14.1010 From: Jim Beer [mailto:jbeer5804 @gmail.com] Sent: Friday, May 21, 2010 7:05 PM To: Kaylin Martin Subject: Community of Excellence Mayor Hovland and City Council Members, I just finished reading your article in the "Edina Guide" on Edina's commitment to excellence. To quote, "It's not just your family and the house you live in that creates that sense of comfort and security. It should also be a feeling created by both the neighborhood and community in which you live. Edina has that special sense of place of well being, where kids and families are nurtured and there is an intangible richness in life ". Well, that is all going out the door if the McMansion housing units are built by the Colonial Church. We have a huge project under way that will disrupt nearly everything you have to say positively in your article. Two - thirds of the members of Colonial DO NOT live in Edina, yet they are the ones who are wanting to dictate what size of apartments we have in our city, disrupt our parks and neighborhoods, stress our city services and lower our property values. One last quote, "Our constant attention to our public infrastructure has encouraged the development of private infrastructure, which in turn has lead to an enhancement of the sense of quality of life that Edina has and will enjoy in the future ". Colonial is not out to enhance our community, they are in financial trouble and are looking for a way out and will ruin our neighborhood in the process. I am assuming at this point that you meant what you said in your article, if you vote in favor of this housing development, I would have to assume that you are being hypocritically of your article and "For those of who live here, it is a place we are happy to call home ". Please vote against this development based on the size of it and the fact it doesn't belong in a residential neighborhood. It doesn't enhance the quality of living in our great city. Jim Beer 5804 Jeff Place Edina, MN 55436 952 922 0164 Susan Howl Subject: FW: Bus 146 to be terminated. RECEIVED MAY 19 1010 From: John Speltz [ mailto: jspeltz @globalethanolservices.com] Sent: Wednesday, May 19, 2010 9:56 AM To: Kaylin Martin Subject: Bus 146 to be terminated. Edina looks like a transit island. With the termination on route 146, it is virtually impossible to get downtown and return home to Edina by bus. With previous MTC tweaks, it looks like transit service for business people from Edina to downtown is being slowly illuminated. John Speltz 1 Metropolitan Council v May 25, 2010 James Hovland, Mayor City of Edina 4801 50th St W Edina, MN 55424 Dear Mayor Hovland: Each year, the Metropolitan Council prepares population and household estimates as of April l of the previous year. Local governments are invited to review and comment on the preliminary estimates. The Council will certify final estimates by July 15 for State government use in allocating local government aid and local street aid. The Metropolitan Council estimates that the City of Edina had 49,491 people and 21,357 households as of April 1, 2009. Household size averaged 2.30 persons per household. Starting with counts from Census 2000, the Council estimates current population and households through changes in the housing stock, occupancy rates and persons per household. Input data sources now include the U.S. Census Bureau's American Community Survey, occupancy information from the U.S. Postal Service, and housing stock data collected by Metropolitan Council Research. Incorporating ongoing methodological refinements, the Council's estimates provide a realistic representation of growth since 2000. With this letter, the Council is reporting the data inputs used to develop the preliminary estimates for your community. For more information on the Council's population estimates model, please visit the Council's website at www. metrocouncil. org /metroarea/AboutEstilnates.litm, or contact Todd Graham at 651 - 602 -1322. Council staff welcomes discussion of these preliminary estimates. Under Minnesota Statutes 473.24, the Metropolitan Council must receive your comments, questions or specific objections, in writing, by June 24, 2010. Please send any written comments or questions to Todd Graham, Metropolitan Council Research, 390 Robert Street North, Saint Paul, MN 55101; or by e -mail to todd.graham@metc.state.mn.us. Sincerely, Libby Starling Research Manager www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer 2009 Population Estimates: Edina citp,,Iffennepin County, Minnesota Estimates of housing stock are segmented into ownership housing and rental housing. Each housing type will have a specifically estimated occupancy rate. Each combination of housing type and tenure (ownership housing or rental) will have a specifically estimated average household size. Mobile homes 01 Boats, etc., serving as housing I 0 Occupancy rates 95.0% 100.0% The Council's model multiplies housing units by occupancy rates, segmented by housing type, to determine occupied housing. The number of occupied housing units is equivalent to households: A household is a group of people (or a person living alone) occupying a housing unit. (* Institutional or group quarters housing is accounted separately through an annual survey by Metropolitan Council.) Households 21,357 Population in households is calculated mutliplying households by average household sizes (persons per household), segmented by housing type and tenure. The final step in poulation estimation is to add population in households + population in group quarters, counted by the Council's annual survey. Persons per Household Multipliers Owner - occupied Renter - occupied Single-family detached 2.819 2.x75 Duplex / threeplex /fourplex 11 6 4848 2.138 P 1-f- 'n /touseholds F as o1s Townhouses Multifamily Mobile homes opu ao r 1.8271 2.431 Population in group uartersI 1.453 1.566 P g P 9 L� 2.450 Total population 491 Boats, etc., serving as housing 2.0001 I" Metropolitan Council Monday, May 24, 2010 IA Homeownership rates Housing stock by type of housing Occupancy rates estimated for April I est. Owned Rented Single-family detached 12,636 97.8% 96.6% Duplex / threeplex /fourplex 465 53.1 % Townhouses 1,227 76.00/]. 92.5% Multifamily 8,105 43.5% r 92.69% 1 94.3% Estimated built housing units 22,433 Owned: 17,060 Mobile homes 01 Boats, etc., serving as housing I 0 Occupancy rates 95.0% 100.0% The Council's model multiplies housing units by occupancy rates, segmented by housing type, to determine occupied housing. The number of occupied housing units is equivalent to households: A household is a group of people (or a person living alone) occupying a housing unit. (* Institutional or group quarters housing is accounted separately through an annual survey by Metropolitan Council.) Households 21,357 Population in households is calculated mutliplying households by average household sizes (persons per household), segmented by housing type and tenure. The final step in poulation estimation is to add population in households + population in group quarters, counted by the Council's annual survey. Persons per Household Multipliers Owner - occupied Renter - occupied Single-family detached 2.819 2.x75 Duplex / threeplex /fourplex 11 6 4848 2.138 P 1-f- 'n /touseholds F as o1s Townhouses Multifamily Mobile homes opu ao r 1.8271 2.431 Population in group uartersI 1.453 1.566 P g P 9 L� 2.450 Total population 491 Boats, etc., serving as housing 2.0001 I" Metropolitan Council Monday, May 24, 2010 IA ,. 2-009 Population Estimates: Edina city, Hennepin County, Minnesota Households 21,357 Population in households 49,019 Persons per household 2.295 Population in group quarters 472 Total population 49,491 The Council's model accounts for built housing stock changes since 2000. These include housing units permitted, gross additions and gross losses. Relying on research by the US Census Bureau, the Council's model assumes that not all housing units permitted will be built in the year permitted. Gross losses include demolitions, building conversions (units lost), relocated structures, units annexed out: Single family detached losses 136 -3s -172 Duplex / threeplex /fourplex losses -21I ��il 0 Townhouse losses 0 !! L��� � 1 Multifamily losses 01 Other gross changes to built housing stock: -1741 Total changes to built housing stock: 781 i Metropolitan Council Monday, May 24, 2010 AA Permtted Years Permitted Estimated units built New housing units permitted 2000 -2007 Year 2008 since 2000 Single-family detached 293 + 38 X 95% = 329 Duplex / threeplex /fourplex —� + l 0 x 90% = 21 Townhouses /single family attached 23 + o' X90% = 23 Multifamily 401 X 100.0% 235 X 85% = 601 Estimated new housing units permitted and built: 955 Other gross changes to housing stock Years 2000- 2007 Year 2008 Total additions and losses since 2000 Gross additions include building conversions (units added), relocated structures, units annexed in: Single-family detached additions �!_� �I Duplex /threeplex /fourplex additions O� Townhouse additions 01 L Multifamily additions � I l� 01 Gross losses include demolitions, building conversions (units lost), relocated structures, units annexed out: Single family detached losses 136 -3s -172 Duplex / threeplex /fourplex losses -21I ��il 0 Townhouse losses 0 !! L��� � 1 Multifamily losses 01 Other gross changes to built housing stock: -1741 Total changes to built housing stock: 781 i Metropolitan Council Monday, May 24, 2010 AA David Tabert 7220 York Ave. S. #512 Edina, MN 55435 May 21, 2010 Mr. Gordon Hughes, City Manager City of Edina 4801 W. 5& St. Edina, MN 55424 Dear Mr. Hughes: I am writing to express to you my deep appreciation to the City of Edina, the Police Department, and Officer Brian Hubbard for the wonderful Edina Police Department Citizens' Academy program that I just completed this past Tuesday. If I could choose one word to describe the program that word would be fascinating. There was not one presentation that I felt did not hold my complete attention. I was very fortunate to have been able to attend all eleven sessions. I found the program extremely well organized. For that, I'm sure most of the credit goes to Officer Hubbard. The speakers always presented the material in an interesting and easy to understand manner and were always willing to answer questions. Credit must go to Chief Long and the rest his senior management team for supporting such a time - consuming endeavor. During the eleven weeks of the program we were able to meet most of the people in management positions, many of the officers, and several of the support personnel within the Department. Having had minimal previous exposure to the Edina Police Department, I came away from the program with a tremendously positive feeling towards the quality of the individuals within the Department. I have already highly recommended this program to several of my friends who either live in or work in Edina. Again, thank you for the opportunity to participate in this fantastic program. Sincerely, David A. Tabert c.c. James Hovland, Mayor Susan Howl Hello Lynette, I wrote the City Council of Edina a little over a month ago requesting a sister city relationship between our both cities. You told me that my message was forwarded to the mayor and city council members. Unfortunately, I havn't received any reply. Is it possible to know the status of my communication. Charles Dueh Monrovia, Liberia From: Lynette Biunno <Ibiunno @ci.edina.mn.us> To: charles dueh <tcdueh2005 @yahoo.com> Sent: Thu, April 8, 2010 6:17:08 PM Subject: RE: acquaintance Dear Charles, Thank you for your interest in the City of Edina. I have forwarded your message to the Mayor and City Council members. If I can be of additional assistance to you please contact me. Lynette Biunno City of Edina Receptionist 952 - 927 -8861 952 - 927 -8861 952 - 927 -8861 952 - 927 -8861 www.citvofedina.com From: charles dueh [mailto:tcdueh2005 @yahoo.com] Sent: Thursday, April 08, 2010 5:28 AM To: Lynette Biunno Subject: acquaintance Charles Dueh Associate member Edina Dev. Asso. Cell: 23177561794 UN Drive Monrovia, Liberia The Mayor and members, City Council of Edina Minesota, USA Dear Sisters & Brothers; Greetings from Edina City, Grand Bassa County, Liberia. Edina is a small city situated on the bank of the St. John River and the Atlantic Ocean. It was founded in 1832 by free slaves from America, who in appreciation of the assistance rendered it's settlers by the city of Edinburg, they decided to name this city Edina, after Edinburg City. It quickly grew into an early port city as her strategic location attracted marine vessels and traders from Europe and beyound. It's infrastructure could rival that of any small colonial city during her age and time, as it was built on the architectural style of early America where it's inhabitants hailed from. In my next letter, I will try to sent you some pictorals of what is left of Edina. This historic city produced Liberia's fourth president, Joseph J. Cheeseman Today, about 75 percent of it's infrastructure lie in ruins as our civil war and the natural forces of nature has shaken it's very foundation. What remains unshaken is our resolve to get it on it's right footing again. Presently, it's challenges are enormous. They range from Education, Health, Sanitation and Safe Drinking Water among other things. Edina was visited in November last year by the United States Ambassador to Liberia, Mrs. Linda Thomas Greenfield, who in her compassion for our desolate city, promised to assist with the re- roofing and renovation of the only existng school which was partially burnt out by the civil war. The president of Liberia, Mrs. Ellen Johnson Sirleaf, just appointed Mrs. Etweeder Cooper as acting city mayores. He Inauguration is slated for April 12, 2010. Historically, our both names originated from the same city, Edinburg. By virtue of this fact, it is my belief that we share something in common. I pray for the establishment of a sister city relationship between our both cities. If this is achievable, then we can pay reciprocal visits and discuss issues relating to our common good. We will be grateful to hear from you all. Happy Easter, and may the Good Lord Bless us all. Kind regards. Charles Dueh 74 O ZZO v� • REPORPRECOMMEN ®ATION To: MAYOR AND COUNCIL Agenda Item Item No. VII. A. -2 From: Debra Mangen City Clerk F-1 Action Discussion ® Information Date: June 1, 2010 Subject: CORRESPONDENCE INFORMATION /BACKGROUND: Attached is correspondence received after the packets went out. r Susan Howl ,,ubject: FW: Pinstripes `.ttachments: SKMBT_C650100531:15190.pdf From: Kirk.Williams [mailto: Kirk .Williams @CypressEquities.com] Sent: Monday, May 31, 2010 3:42 PM To: Gordon Hughes; Lynette Biunno Cc: dale @pinstripes.com Subject: Pinstripes Dear: Mayor James Hovland Council Member Joni Bennett Council Member Mary Brindle Council Member Scot Housh Council Member Ann Swenson City Manager Gordon Hughes RECEIVED JUN 012010 Again,- in preparation for tomorrow's meeting with the City of Edina to amend the ordinance to allow for Pinstripes to proceed with its plans to open in Centennial Shops, please find the attached letter addressing John and Janet Bohan's letter from May 29, 2010. We look forward to seeing you tomorrow evening. Best, Kirk Williams Senior Vice President of Development CYPRESS EQUITIES '.9343 Douglas Avenue, Suite 300 )alias, Texas 75225 Direct: 214.561.8838 Fax: 214.283.1600 Cell: 214.803.3180 kirk.wi l liamsna.cvoresseauities.com www.cvnre§secuities.com < httn : / /www.cvnresseauities.com /> Cypress Equities is a trade name for one or more affiliated companies that use the Cypress Equities brand. Any particular obligation, service or product is the sole responsibility of the specific affiliated entity that incurs such obligation or supplies such service or product. Entities using the Cypress Equities trade name generally act as agents for owners of properties. If you do not know the specific entity with which you are dealing and/or the capacity in which that entity is acting; please inquire. This message and all attachments may be confidential and/or privileged. Any.review, use, disclosure or distribution by persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender and delete the material from your computer. - - - -- Original Message - - - -- From: admin @staubach.com <admin @staubach.com> To: Kirk Williams Sent: Mon May '31 17:20:09 2010 Subject: Message from KMBT_C650 1 Carlyle /Cypress Edina, LLC 8343 Douglas Avenue, Suite 300 Dallas, Texas 75225 May 31, 2010 City of Edina Mayor, Council Members & City Manager 4801 W. 50' Street Edina, MN 55424 Dear: Honorable Mayor James Hovland Council Member Joni Bennett Council Member Mary Brindle Council Member Scot Housh Council Member Ann Swenson City Manager Gordon Hughes We want to thank you for the opportunity tomorrow evening to hear and approve the ordinance amendment request that would allow Pinstripes to operate at Centennial Shops in Edina. While we look forward to tomorrow's meeting, we feel it is necessary to specifically respond to a letter dated May 29, 2010 from John and Janet Bohan to the Edina City Council. As has been the case over the past four months, Pinstripes and Cypress Equities have been extraordinarily reasonable in our dealings with the both the City of Edina, as well as with our nearby neighbors. Therefore, we would appreciate the opportunity clear up the issues as stated in the Bohan's letter. 1. It is unfair and inappropriate to refer to Pinstripes as a "pricey sports bar." As has been clearly demonstrated to all parties, Pinstripes is an extremely upscale restaurant and entertainment venue. Any other characterization of Pinstripes as something that it is clearly not is both unfair and unproductive to discussions. 2. Pinstripes has already made it very clear to all interested parties that it has NO intention of building a fire pit; rather, it intends to build a beautiful fire place that meets with all code requirements of the City of Edina. Pinstripes cannot agree to be restricted from dining or entertainment on the outside patio areas after 10:00 pm. Pinstripes has already reasonably agreed to not have bocce on the outside balconies, but cannot be restricted from allowing its customers to enjoy the outside areas until later hours consistent with any other restaurant in the area. Furthermore, there currently are NO restrictions placed on the hours of balcony /patio use at Centennial Shops and Cypress Equities will continue to protect its rights of such use and not allow a further "down zoning" of the property by such a restriction. 4. Pinstripes has no intention of allowing any smoking either inside or on the outside balconies of their restaurant, irrespective of any City of Edina smoking ordinances. Smoking is not consistent with customer's enjoyment of Pinstripes' high quality food. Instead, Pinstripes would prefer its customers to enjoy the beautiful aromas of wonderfully prepared food from its fabulous kitchen or take in the attractive smells of natural firewood from its outdoor fireplace. Ph (214) 561 -8800 Fax (214) 283 -1600 5. While Pinstripes is willing to discuss suggested delivery time guidelines, any future agreements on Pinstripes' delivery times cannot affect any other tenant located in Centennial Shops. Furthermore, there was considerable discussion given to the current design of Centennial Shops and the eventual configuration (complete with covered service areas. in the, lake building) was the outcome of neighborhood input to this concern.. 6. With regard to the noise issues and amplified music, Pinstripes and Cypress Equities very recently completed a Sound Study to help determine, in a very scientific manner, the affects of an activated:balcony /patio on the surrounding neighborhood. The conclusions - of this report are very straight forward and clearly state that the sound generated frorri the .activity of Pinstripes' outdoor areas (inclusive of playing amplified music) will not create .audible levels that are greater than those ambient levels that currently exist at surrounding neighborhoods: The music that Pinstripes will play will allow its customers to enjoy the outside lake view area: andrnot have to listen to the considerable France Avenue vehicle traffic. Please note that while the term "amplified" often connotes "loud," this could not be further from the intent of Pinstripes, which is' to not play any outdoor amplified music greater than the conservatively suggested level that were indicated in the Sound Study. Simply put, both Pinstripes and Cypress Equities conducted the.Sound Study to provide a basis for all to eventually agree on the specific decibel level that satisfies all parties. We should further point out that issue of the City of Edina to allow for amplified sound in the "outdoor". areas of Pinstripes is a separate and distinct issue from the current request for the amendment to the City of Edina's ordinance to allow Pinstripes to receive a liquor license. In conclusion, we want to again thank the City of Edina for their attention to our request for an amendment to the city's liquor ordinance as well as their thoughtful vision of Pinstripes being a long -term tenant of Centennial Shops:, We look forward to seeing you tomorrow evening and we would appreciate your approval of our request. As always,, we welcome any questions or comments that you may have and We look forward to a pleasant and- productive public hearing tomorrow evening. Best regards, Kirk Williams, CCIM Senior Vice President of Development. Cc: Dale Schwartz Ph (214) 561 -8800 Fax (214) 283 -1600 Susan Howl From: dan miller [mailto:djmdjm64 @g mail .com] Sent: Tuesday, June 01, 2010 8:59 AM To: Lynette Biunno Subject: Domestic Partner Registry RECEIVE JUN 0 11010 I was not aware the first reading of this proposed change to the City ordinance had occurred. I called to see if public comments would be allowed at tonights City Council meeting, but was told public comments are typically not allowed at second readings and was advised to send in my comments via email. PLEASE distribute these comments to the Council Members prior to the meeting tonight, June 1. I encourage the Council Members to reject this proposed change to the ordinance. There are several reasons: 1. Section 195.01 states this applies to "committed couples who reside or work in Edina and who share a life and home together..." The ordinance does not define what "committed" means. Does it mean the relationship is exclusive? Does it mean the people have documented evidence of providing financial support to each other? Does it mean they have a legal responsibility to care for the upbringing of children? Does it mean they have been together for a defined period of time? Does it mean they have a sexual relationship? And, what does "share a life together" mean? Does it mean they vacation together? Does it mean they have legal rights and remedies? This term is not clear and very broadly open to interpretation. 2. The ordinance makes the statement that persons in domestic partnerships are committed to one another to the same extent as married persons are to eachother except for the traditional marital status and solemnities. Factually, this statement cannot be accurate. Marriage, being for the good of society, forms a foundation for tb- pro creation and raising of children which can never be duplicated by a domestic partnership. Marriage, as such, is much more than a status which is recognized by solemnities. The Council does a great disservice to the citizens of the city by blurring the lines between marriage and other types of relationships. 3. A question that needs to be asked of "unmarried, committed couples" who view their relationship as equal to a recognzied marriage "except for the marital status and solemnities" is, if this recognition is so important, why not get married, legally. They are saying they are the same in all other respects, so if that is true, why don't they go to the County courthouse, pay $50 and get married? Is it possible the reason is because they really don't want to be as committed as a married couple? That there is something profound in being married which creates a bond and a commitment into which these people are not willing to enter? Certainly it cannot be the $50 cost. Therefore, if this is the case, can the the claim really be made that these relationships are "the same" 4.In addition, while the sentiment of "being committed to one another" is understandable, unbiased, factual data shows that while divorce rates in the US are above 50 %, break up rates for persons involved in any other type of defined relationship are substantially higher. On its face, this proposed ordinance is an attempt to get recognition for a type of relationship which the State has refused to recognize. It is an attempt to provide legal legitimacy to relationships for which there can be no legal legitimacy. Again, I urge the council to reject this proposed change to the City Ordinance. Respectfully, Dan Miller 5224 Meadow Ridge Edina, MN 55439 952- 946 -9593 Susan Howl ubject: FW: Pinstripes Public Hearing - June 1st RECEIVED JUN 0 12010 From: Kirk Williams [mailto: Kirk .Williams @CypressEquities.com] Sent: Tuesday, June 01, 2010 11:20 AM To: Gordon Hughes; Lynette Biunno Cc dale @pinstripes.com; dale1 @att.blackberry.net Subject: FW: Pinstripes Public Hearing - June 1st . Gordon, Could you please forward on to the Mayor and all Council Members. Thanks, Kirk Williams Senior Vice President of Development. CYPRESS EQUITIES 8343 Douglas Avenue, Suite 300 Dallas, Texas 75225 )irect :214.561.8838 Fax: 214.283.1600 Cell: 214.803.3180 kirk .williams @cVpressequities.com www.cypressequities.com Cypress Equities is a trade name for one or more affiliated companies that use the Cypress Equities brand. Any particular obligation, service or' product is the sole responsibility of the specific affiliated entity that incurs such obligation or supplies such service or product. Entities . using the Cypress Equities trade name generally act as agents for owners of properties. If you do not know the . specific entity with which you are dealing and /or the capacity in which that entity is acting, please inquire. This message and all attachments may be confidential and /or privileged. Any review, use, disclosure or distribution by.persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender and delete the material from your computer. • Date: Tue, 1 Jun 2010 . 07:41:09 -0500 • From: rspeers @comcast.net • To: Bohanjohn @aol.com • CC: kbren402 @aol -com; harrye5939 @aol.com; snoah @att.net; Ilydesigns @msn.com; forsberg @stolaf.edu; pandcjarvis @msn.com; janicecatherwood @comcast.net; rklein9066 @aol.com; sdixon410 @gmail.com; dmedstrom @comcast.net; gertlap @msn.com; kbochert@comcast:net; KerryKisling @aol.com; NSourova @aol.com > Subject: Re: Fwd: FW: Pinstripes Public Hearing - June 1st > > Coventry Neighbors- : I am a retired architect living at 703 Coventry. While I'm not an > acoustic expert, I have commissioned and read countless studies like the > one conducted by Pinstripes related to my work. 1 • Apparently the City needs to grant a variance to Pinstripes because they • want amplified outdoor sound which current law does not allow. The • variance could include a suggestion I rerived from reading the report. • Cutting through all the techno- speak, I see the report recommends and • Pinstripes is offering to hold noise level of 65 decibels at the • building. This seems reasonable as it is similar to normal conversation, • N or a vacuum sweeper (you can Google and find many sound comparison • charts similar to the one included in the consultant's report). It's as • if they turned on a sweeper and pointed it over the lake on a typical • afternoon. The graphs show that the test sounds emitted pretty much • became absorbed as part of the ambient or background noise around here • (primarily traffic and other sources) at the two test locations. I don't • have much of a concern for noise if produced per the test. • I do have a suggestion which should further protect the neighborhood • from any noise and not constrain Pinstripes. Pinstripes should be • required to aim their speakers straight down from a ceiling mounting • position or to the north and west if they are hung from the • ceiling -using a swivel of some sort. Not a big deal. Since the test • sounds were directed sound straight out to the south and east, the • initial sound level directed down or to the west /north would be even • less likely to be problematic for our neighborhood. > Rich Speers > 703 Coventry Lane > Bohanjohn @aol.com wrote: > > ------------------------------------------------------------------------ > > Coventry Neighbors, > > I forwarded under separate cover a Pinstipes Sound Level > > Assessment received from Cypress Equities. The analysis is quite > > technical. Can you, or anyone you know, translate for > > non - acoustical engineers? > > Please attend June 1 7:00 PM City Hall Public Hearing and express > > your concerns. Among my issues are: > > 1) Noise- City Code, unrelated to Liquor Code, does not permit > > outdoor amplification. There is no justification for an exception, > > especially on a City Park Lake with abutting residences. > > 2) Noise- No outside activity should be permitted after 10:00 PM > > 3) Noise- Entrance should be at west end of building, not on south > > side facing Centennial Lakes and Coventry residences. > > 4) Noise- Closing hours should be no later, than 11:00 PM. > > (Note Centrum Closing Hours on Centennial Lakes Middle Pond: Mo -Th > > 10:00 PM, Fr -Sat 11:00 PM, Su- 6:00 PM) > > 5) Health- Inevitably wood fire smoke will drift east into > > Coventry. Health issues alone should prohibit wood fires. > > Energy- How can Edina aspire to be "green" while permitting a wood > > or gas fire? > > John Bohan > > 800 Coventry Place > > Edina, MN 55435 > > 952- 921 -0338 > > PS: Following is Kirk Williams letter accompanying the Sound Level > > Assessment. 2 > > John • >,,.From: Kirk .Williams @CypressEquities.com > > To: bohanjohn @aol.com >.> Sent: 5/27/2010 3:19:55 P.M. Central Daylight Time > > Subj: FW: Pinstripes Public Hearing - June 1st > > John, > > I wanted to forward to. you what I sent to the City of Edina > > yesterday. Please let me know if you have'anq questions. > > 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 @cypressequities.com > > <maI Ito: kirk .williams @cypressequities.com> > > www.cypressegpities.com < http : / /w.ww.cypressequities.com /> > > Cypress Equities is a trade name for one or more affiliated > > companies that use the. Cypress Equities brand. Any particular > > obligation, service or,.product,is the sole responsibility of > > the specific affiliated enftity that incurs such obligation or > > supplies such service or. product. Entities using the Cypress > > Equities trade name generally act as agents for owners of > > properties. If you do not. know the specific entity with which > > you are dealing and /or the capacity in which that entity is. > > acting, please inquire. > > This message and all attachments may be confidential and /or > > privileged. Any review, use,, disclosure or distribution by > > persons other than the intended recipient(s) is prohibited. If > > you received this message in error, please notify the sender > > and delete the material from your "computer: > > *From:* Kirk - Williams > > *Sent:* Wednesday, May 26,,.2010,2,:54 PM > > *To:* Gordon Hughes; edinamail @ci.edina.mn.us > > *Cc:* dale @pinstripes.com; dalel @att.blackberry.net > > *Subject: *_Pinstripes Public 'Hearing - ..'June 1st > >.Dear: Mayor James Hovland 3 > > Council Member Joni Bennett > > Council Member Mary Brindle > > Council Member Scot Housh > > Council Member Ann Swenson > > City Manager Gordon Hughes > > In preparation for the upcoming June 1^st meeting with the > > City of Edina to amend the ordinance to allow for Pinstripes > > to proceed with its plans to open in Centennial Shops, we > > wanted to share some specific thoughts on the "Sound" and > > "Fireplace" issues. In both cases, we plan on taking specific > > measures to ensure that we operate in a quality manner that is > > within the guidelines of any of the City ordinances, as well > > as being a solid neighbor to the surrounding community. > > 1. _Sound:_ With respect to the specific prohibition on > > "outside amplified music ", Pinstripes requests that it be > > allowed to play "amplified" background music on the outside > > balconies as long as the decibel level is below 65 at the > > property line, in which case (per the attached sound analysis) > > such background music will not be audible at the path adjacent > > to the lake on the far east side. Upon initial design, > > Pinstripes will be'able to set the volume level of music, and > > also the location and direction of its speakers, and sound > > engineers will ensure that the decibel levels will be such > > that the music will be background in nature and will not be > > heard across the lake. Per the attached detailed sound > > analysis, we have analyzed the sound levels at the site, and > > are comfortable and confident that outside amplified music > > will be properly designed that will have no impact to the > > surrounding community. > > Please note that the attached Sound Level Assessment does not > > contemplate the attenuating affects of a glass wall that could > > be erected to further mitigate any sound reaching the Coventry > > development. This Sound Level Assessment does, however, > > discuss the vast attenuating affects of the existing glass > > windows at the site and the fact that interior sound generated > > at Pinstripes will not be heard by any establishment in the > > Coventry. That said, we are still open to erecting a full > > length (from floor to ceiling) glass wall at the balcony and > > patio areas as originally proposed, but only in response to > > the City of Edina allowing for outdoor amplified music. > > 2. _Fireplace:_ While we recognize that Pinstripes should not > > be subject to any specific wood - burning fireplace restrictions > > that do not generally apply to the rest of the community, > > Pinstripes would like to clarify and make clear its intentions > > to build a wood - burning fireplace (not a firepit) on the first > > level "triangle patio" and second level "triangle balcony" > > located on the southwest corner of the premises. Such a > > fireplace would satisfy any fire code safety issues (the > > fireplace would be similar to a home fireplace, ie about 2 ft 4 > > wide and 2 feet deep), and a chimney would exhaust the smoke > > from the first to second level, and then further exhaust the > > smoke from a chimney 6 -8 feet above the second level > fireplace. In designing.the fireplace as.such, there would be > no -- "firepit" risks of sparks flying, nor would there be the > > risk of excessive smoke at ground level.,Furthermore, this > > fireplace would have to be built in accordance with City of > > Edina Fire Codes as reviewed and approved by the City of Edina > > Fire Marshall. > > Pinstripes prefers to operate a" natural wood - burning > > fireplace. While it is considerably more expensive to build > > and operate a wood - burning fireplace than a gas fireplace, the > > natural smell and atmosphere. created by a wood - burning. > > fireplace more fits the quality image of Pinstripes and the > > comfortable and rustic atmosphere that the bistro seeks to > > create, and that our customers will. enjoy. > > We certainly hope that the above referenced information will > > help clarify any issues related to the operations of > > Pinstripes and hope -that you will see that Pinstripes is > > making significant efforts to make this endeavor a "win /win" > > for all citizens of Edina. In conclusion, we are very proud to > > present the proposal of the amended ordinance that will allow > > Pinstripes to operate in Centennial Shops and meet the > > intricate balance of.the desires of the greater Edina market > > for quality family entertainment, coupled with the benefit of > a park setting for all patrons. We look forward to your > > comments and welcome any questions in advance of the upcoming > > meeting. > > 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 @cypressequities.com > > <mai Ito: kirk . will iams @cypressequities.com> > > www.cypressegpities.com < http : / /www.cypressequities.com /> > > Cypress Equities is a trade name for one or more affiliated > companies that use the Cypress Equities brand. Any particular > > obligation, service or product is the sole responsibility of > > the specific affiliated. entity that incurs such' obligation or > > supplies such service or product. Entities using the Cypress > > Equities trade name generally act as agents. for owners of 5 > > properties. If you do not know the specific entity with which > > you are dealing and /or the capacity in which that entity is > > acting, please inquire. > > This message and all attachments may be confidential and /or > > privileged. Any review, use, disclosure or distribution by > > persons other than the intended recipient(s) is prohibited. If > > you received this message in error, please notify the sender > > and delete the material from your computer. > > ------------------------------------------------------------------------ > > No virus found in this incoming message. > > Checked by AVG - www.avg.com > > Version: 8.5.437 / Virus Database: 271.1.1/2899 - Release Date: 05/27/10 06:25:00 6 May 8, 2010 . Mr. Cary Teague Planning Director City of Edina 4801 W. 50th St. Edina, MN. 55424 Dear Mr. Teague: Your office will soon be receiving building plans for the reconstruction of our home at 5000 Arden Avenue. As you know, our home was destroyed by a gas explosion, on February 23, 2010. Quigley Architects and Ungerman Construction Co. are working with us to develop rebuilding plans within the explicit building guidelines of the.City of Edina and will be submitting them to you for your review. As these plans and our budget are finalized, we have three questions for which we would appreciate your response: 1) The retaining wall between our property and the sidewalk along 50th Street sustained substantial damage and requires demolition and repair. Because the retaining wall is outside of our property line, we are uncertain who. should be responsible for its repair. Will the city cover the reconstruction costs? 2) Similarly, the decorative corner stone marking the entrance to Brucewood sustained substantial damage and is again outside of our property line. We do not have a personal desire to rebuild it; however, if it is deemed to be of Value to the city or neighborhood, will the city cover the costs for its reconstruction? 3) We understand from our.building partners that a building permit from the City of Edina will cost approximately $8,000. We are hoping that due to the extraordinary, unplanned circumstances surrounding this project you will consider waiving this fee. We appreciate your attention to this letter and its issues and we look forward to hearing from you as soon as possible. As you might imagine, we are moving as expeditiously as possible toward stabilizing our life, and would appreciate your assistance in this regard. Susan Howl -- Original Message-,--- - From: Ellen Kennedy [ mailto: ejkennedy @worldwithoutgenocide.org] DECEIVED Sent: Saturday, 'May 29, 2010 12:37 PM JUN O ] 1010 To: Jane Levin Cc: Lynette Biunno Subject: Domestic Partner Ordinance Dear Council Members, I want to echo Jane Levin's praise and appreciation for your action on.the domestic partner ordinance. I'.ve lived in Edina for 21 years and amain a long -time heterosexual relationship but we are not married. As I understand it, this ordinance will apply to my partner and me as well. Several years ago I received Edina's Tom Oye Human Rights Award. I believe the award next year should go to all of you for your deep commitment to human rights for us all. Thank you, on behalf of so many. Ellen Kennedy Ellen J. Kennedy, Ph.D. Interim Director, Center for Holocaust and Genocide Studies 756 Social Sciences 267 19th Avenue S University of _Minnesota Minneapolis MN 55455 ekennedy0umn.edu www.ch�s.umn.edu 952 - 693 -5206 Executive Director, World Without Genocide ei kennedv (@worldwithoutgenocide.org www.worldwithoutgenocide.org "Outstanding Citizen" Award, 2009, Anne Frank Center Jane Levin wrote: > Dear Council Members: > > I am writing to applaud you for unanimously approving the first > reading of the domestic partner ordinance.�We trust it will pass final > approval at the June 1st meeting. > > My partner Judy Reisman and I have lived in Edina for 17 years. We > feel so lucky-to live in a city that recognizes our relationship to > the fullest extent possible, given our state statutes. Our deepest > gratitude to each of you. > Best wishes, > Jane Levin 1 Susan Howl From: Lynette Biunno Sent: Tuesday, June 01, 2010 8:25 AM Cc: Susan Howl Subject: FW: Domestic Partner Ordinance RECEIVED JUN 0 '12010 Lynette Biunno City of Edina Receptionist 952- 927 -8861 www.cityofedina.com From: Jane Levin [mailto:jjkiwi @gmail.com] Sent: Saturday, May 29, 2010 12:19 PM To: Lynette Biunno Subject: Domestic Partner Ordinance Dear Council Members: I am writing to applaud you for unanimously approving the first reading of the domestic partner ordinance. We trust it will pass final approval at the June 1 st meeting. My partner Judy Reisman and I have lived in Edina for 17 years. We feel so lucky to live in a city that recognizes our relationship to the fullest extent possible, given our state statutes. Our deepest gratitude to each of you. Best wishes, Jane Levin 1 'Susan Howl 'ubject: FW: Pinstripes Public Hearing - June 1st atachments:, Pinstripes- Edina- Sound - Level- Assessment- 052510.pdf RECEIVED JUN 0 12010 From: Kirk Williams [mai Ito: Kirk .Wiiliams@CypressEquities.com] Sent: Wednesday, May 26, 2010 2:54 PM To: Gordon Hughes; Marty Doll Ca dale@pinstripes.com; dalel @att.blackberry.net Subject: Pinstripes Public Hearing - June 1st Dear:- Mayor James Hovland Council Member Joni Bennett Council Member Mary Brindle Council Member Scot Housh Council Member Ann Swenson City Manager Gordon Hughes In preparation for the upcoming June 1St meeting with the City of Edina to amend the ordinance to allow for Pinstripes to proceed with its plans to open in Centennial Shops, we wanted to share some specific thoughts on the "Sound" and "Fireplace" issues. In both cases, we plan on taking specific measures to ensure that we )perate in a quality manner that is within the guidelines of any of the City ordinances, as well as being a solid neighbor to the surrounding community. 1. Sound: With respect to the specific prohibition on "outside amplified music ", Pinstripes requests that it be allowed to play "amplified" background music on the outside balconies as long as the decibel level is below 65 at the property line, in which case (per the attached sound analysis) such background music will not be audible at the path adjacent to the lake on the far east side. Upon initial design, Pinstripes will be able to set the volume level of music, and also the location and direction of its speakers, and sound engineers will ensure that the decibel levels will be such that the music will be background in nature and will not be heard across the lake. Per the attached detailed sound analysis, we have analyzed the sound levels at the site, and are comfortable and confident that outside amplified music will be properly designed that will have no impact to the surrounding community. Please note that the attached Sound Level Assessment does not contemplate the attenuating affects of a glass wall that could be erected to further mitigate any sound reaching the Coventry development. This Sound Level Assessment does, however, discuss the vast attenuating affects.of the existing glass windows at the site and the fact that interior sound generated at Pinstripes will not be heard by any establishment in the Coventry. That said, we are still open to erecting a full length (from floor to ceiling) glass wall at the balcony and patio areas as originally proposed, but only in response to the City of Edina allowing for outdoor amplified music. 2. Fireplace: While we recognize that Pinstripes should not be subject to any specific wood - burning fireplace restrictions that do not generally apply to the rest of the community, Pinstripes would like to clarify and make clear its intentions to build a wood - burning fireplace (not a firepit) on the first level 1 "triangle patio" and second level "triangle balcony" located on the southwest corner of the premises. Such a fireplace would satisfy any fire code safety issues (the fireplace would be similar to a home fireplace, ie about 2 ft wide and 2 feet deep), and a chimney would exhaust the smoke from the first to second level, and then further exhaust the smoke from a chimney 6 -8 feet above the second level fireplace. In designing the fireplace as such, there would be no "firepit" risks of sparks flying, nor woul,. there be the risk of excessive smoke at ground level. Furthermore, this fireplace would have to be built in accordance with. City of Edina Fire Codes as reviewed and approved by the City of Edina Fire Marshall. Pinstripes prefers to operate a natural wood - burning fireplace. While it is considerably more expensive to build and operate a wood - burning fireplace than a gas fireplace, the natural smell and atmosphere created by a wood - burning fireplace more fits the quality image of Pinstripes and the comfortable and rustic atmosphere that the bistro seeks to create, and that our customers will enjoy. We certainly hope that the above referenced information will help clarify any issues related to the operations of Pinstripes and hope that you will see that Pinstripes is making significant efforts to make this endeavor a "win /win" for all citizens of Edina. In conclusion, we are very proud to present the proposal of the amended ordinance that will allow Pinstripes to operate in Centennial Shops and meet the intricate balance of the desires of the greater Edina market for quality family entertainment, coupled with the benefit of a park setting for all patrons. We look forward to your comments and welcome any questions in advance of the upcoming meeting. 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 cypressequities.com www.cypressequities.com Cypress Equities is a trade name for one or more affiliated companies that use the Cypress Equities brand. Any particular obligation, service or product is the sole responsibility of the specific affiliated entity that incurs such obligation or supplies such service or product. Entities using the Cypress Equities trade name generally act as agents for owners of properties. If you do not know the specific entity with which you are dealing and /or the capacity in which that entity is acting, please inquire. This message and all attachments may be confidential and /or privileged. Any review, use, disclosure or distribution by persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender and delete the material from your computer. Susan Howl. ubject: FW: Pinstripes -June 1 Amendment to On -sale intocicating Liquor License Ordinance .ttachments: Pinstripes - 100529` Ltr.to City` Council.doc RECEIVED JUN 0 1 1010 From: Bohanjohn @aol.com [mailto :Bohanjohn @aol.com] Sent: Saturday, May 29; 2010 8:42 PM To: Lynette Biunno - nse Ordinance Subject: Pinstripes -June 1 Amendment to On -sale intocicating Liquor Lice Please :forward to the following: Council Members . City Manager Hughes City Attorney Knutson City Planner Teague Edina City Council: Jim Hovland, Mayor Joni Bennett Mary Brindle Scot Housh Ann Swenson Please give consideration to our attached May 29 recommendation with respect to the proposed revision of the Edina On -. sale Intoxicating Liquor Licence Ordinance. We believe our proposal balances the rights of Cypress Equities to secure a qualified tenant for the Centennial Lakes restaurant building with the rights of nearby residents to protect their property values from the negative impact,of tenant activities incompatible with a.residential community and a City Park, John & Janet -Bohan 800 Coventry Place Edina, MN 55435 952- 921 -0338 1 May 29, 2010 Edina City Council: Jim Hovland, Mayor Joni Bennett Mary Brindle Scot Housh Ann Swenson cc: Gordon Hughes Roger Knutson Cary Teague RE: Pinstripes proposal for Centennial Lakes; June 1 Council Consideration of Revision of Liquor Ordinance On April 29 we wrote to the Council regarding our Major Concerns with respect to the Pinstripes Proposal for operation of a "Bowling /Bocce /Bistro" on Centennial Lakes. The current Liquor License Ordinance provides in part that no On -Sale Intoxicating Liquor License shall be granted to "bowling centers ". On May 4, Council considered a draft of a proposed change in the liquor ordinance to permit bowling alleys in an establishment requesting an on -sale liquor license. After discussion of concerns about the Pinstripes proposal, Council voted to schedule a June 1 public hearing on the proposed ordinance change "to obtain input from residents ". The City Attorney advised the Council that they could give direction to staff on additional issues (e.g. fire pit) to address in another ordinance. It should be noted that the City Attorney had previously advised Council that additional restrictions could be imposed in the granting of a specific liquor license. At the May 4 meeting the City Manager advised Council that the Centennial Lakes project: - Must adhere to the 16 Conditions contained in Council Resolution 2007 -63 adopted June 5, 2007, approving the Cypress Final Development Plan. (Note Condition 15: "No amplification is allowed for outdoor restaurants. ") - Must adhere to the 8 Conditions contained in Council Resolution 2008 -18, adopted February 4, 2008, approving the Cypress Signage & Lighting Plan. On June 1 Edina and Centennial Lakes residents confront the following: 1) Cypress Equities, in securing Council approval, for their Centennial Lakes project, committed to an upscale dinning establishment(s) in the "restaurant building ". They are now proposing a pricey sports bar with outdoor amplified music and fire pit. 2) The City Attorney opines that restrictions cannot (should not ?) be placed on individual licenses. Therefore, restrictions with respect to the Pinstripes proposal must be included in the revised Liquor Ordinance or in separate Ordinances. • l Page 2 - May 29, 2010 Letter to City Council We identified our concerns with the Pinstripes proposal in previous communications; we are not repeating them herein.. Assuming; enforcement of the. 24 conditions noted in the June 5, 2007 and the February 4 2008 Council Resolutions, most of our concerns would be addressed if the Council added the following language, or its equivalent, to the proposed Ordinance 2010 -13 revision of Edina's On -Sale Intoxicating Liquor License requirements: "Locations within 400 feet of residences (single family, town homes, condominiums and apartments) or a City Park are prohibited from: 1) Conducting or permitting; outside patron activity, including dining, entertainment aiid,games, between the hours of 10:00 PM and 9:00 AM. 2) Permitting.delivery `of supplies between the hours of 10:00 PM and 9:00 AM. 3) Permitting smoking within or on premises. 4) Operating fire pits, whether wood, ga's or other sources of fuel." The remaining issue of noise generated from inside activities is difficult to evaluate without time to review the Sound Level Assessment (May 2010) received from Cypress Equities on May 27. This is a very technical analysis requiring translation for understanding by lay people. We recommend that Council defer final action on Ordinance Revision for 30 days thereby permitting translation and evaluation by City staff and affected residents. Sincerely, d �a,net J`3aRan. John & Janet Bohan 800 Coventry Place Edina, MN 55435 952- 921 -0338 P, O RE PO RPRECO M M E N DATI O N To: MAYOR AND COUNCIL Agenda Item From: Wayne D. Houle, PE P644 City Engineer 11 Action F-1 Discussion ® Information Date: June 1,, 2010 Subject: Answer to question on penalties for tree damage on special assessment roadway projects. INFORMATION /BACKGROUND: A question was asked at the last City Council meeting regarding who should benefit from a penalty charged to a Contractor that damages a tree during the course of a typical residential roadway reconstruction project. Staff has conferred with our City Attorney and we feel that any monies obtained from these penalties can be deducted from the special assessment of the property that they are obtained from. Over the past few years staff and consultants have developed a "Schedule of Damages" for when a contractor damages an existing tree or shrub, see attached schedules. Staff tracks these damages will now apply these as a credit to the responsible property for that particular tree or shrub. Staff is also reviewing the current special assessment policy and anticipates a proposed revision prior to September of this year and will include this change. that occurs beyond that allowed will result in monies being deducted from the payment due the contractor. Damage assessments will be performed by the Engineer. 15.2 Construction Requirements Protection of existing trees and landscaping shall be accomplished using tools such as fencing placed along the construction limits, carefully choosing the style of machinery the specifications allow to travel behind the existing curb and gutter, shoring, construction boxes, and protective ground sheeting. However, it shall not be limited to just these tools. The Contractor can use other tools to protect the trees and landscaping at their discretion and as approved by the Engineer, such as hiring a commercial arborist to advise how to best protect the trees. If this arborist should contest a damage assessment performed by the Engineer, the City will consider the arborists argument, but the Engineer's ultimate decision will prevail. This work includes proper pruning and trimming of roots and branches of trees or private landscaping as necessary. a) Branch pruning shall not be done until the limits of pruning are approved by the Engineer and City Forester. This work includes measures to prevent soil compaction and pollution in the current or future root zone areas. This work includes root and branch cutting using a saw. 15.3 Schedule of Damages Damage to trees and shrubs shall be measured according to the following table. SCHEDULE OF DAMAGES (PER TREE OR PRIVATE LANDSCAPING FEATURE) TYPE OF DAMAGE LEVEL OF DAMAGE LOW MODERATE SEVERE Trees Above Ground Canopy Branches Less than 2 inch diameter 2 occurrences Between 3 and 5 occurrences 6 or more occurrences Greater than 2 inches diameter 1 occurrence Between 2 and 3 occurrences 3 or more occurrences Trunk Stem Circumference Damage Less than 25% bark loss 1 occurrence 26 -50% bark loss 1 occurrence Greater than 51 % bark loss 1 occurrence Below Ground Root Zone Construction within 4 feet of the January 2010 GL -10 SCHEDULE OF DAMAGES (PER TREE OR PRIVATE LANDSCAPING FEATURE) TYPE OF DAMAGE ` LEVEL OF DAMAGE LOW MODERATE . SEVERE face of the.trunk Severe of all Types $800 per any severe damage Private Landscaping Material storage 1 occurrence 2 occurrences 3 or more occurrences _ Equipment. storage 1 occurrence: - . 2 occurrences 3 or more occurrences Construction Operations 1 occurrence 2 occurrences 3 or more occurrences Soil Compaction 1 occurrence 2 occurrences 3 or more occurrences Pollution 1 occurrence Root Cutting - 1 side of the treeless than 4. feet from the face of.the tree 1 occurrence 2 or more sides of the' tree less than 4 feet from the face of the tree 1 occurrence Private Landscaping Shrubs Broken branches per shrub 1 branch 2 or more branches Perennials Any damage per perennial 1 occurrence 15.4 Schedule of Deductions Deductions from the amount due to the Contractor for the tree and private landscaping protection item shall be calculated in accordance with the following table. Level of Damage Damage Fee' Trees - _ -- Low of all -Types - $200 per any -5 low damages - Moderate of all Types $400 per any 3 moderate damages Severe of all Types $800 per any severe damage Private Landscaping Shrubs Moderate $25 per shrub Severe $100 per shrub Perennials Severe $20 per plant January 2010 GL -11 e Minutes of the Regular Meeting of the Energy and Environment Commission Edina City Hall Community Room Thursday, April 8, 2010, 5:30 P.M. Members In Attendance and Roll Call: Dianne Plunkett Latham, Bill Sierks, M. Germana Paterlini, Jeannie Hanson, Michael Platteter, Paul Thompson, Julie Risser, Surya lyer, Hailey Lee Staff Present: Heather Worthington, Jane Timm 1. Welcome Meeting was called to order at 5:30 p.m. by Chair Latham. 2. Discussion and Approval of Agenda. Commissioner Thompson made a motion to approve the meeting agenda with amendments. Commissioner Risser seconded. Motion carried. 3. Approval of the March 11, 2010 Meeting Minutes. Commissioner Thompson made a motion to approve the minutes of the March 11, 2010 meeting. Commissioner Paterlini seconded. Motion carried. 4. Community Comment Bob Gubrud of the Education and Outreach Working Group gave the commission information about a workshop on April 20 in Apple Valley. Mr. Gubrud and Commissioner Thompson agreed to attend the workshop and Commission Thompson will give a report at the May EEC meeting. 5. Staff Report Assistant City Manager, Heather Worthington talked about two GreenStep meetings she attended, one with Kristina Smitten and one with the Pilot group. Ms Worthington asked the commission to give an update at the May EEC meeting regarding the one page reports required for the GreenStep Pilot. Ms Worthington asked the commissioners to look at the Pilot Within A Pilot — LHB Corporation that was in the packet. She asked to have this item put on the agenda in May for discussion. Ms. Worthington gave a report on a meeting with Xcel Energy and Centerpoint representatives. Commissioner Platteter made a motion to promote the Xcel and Centerpoint "Energy Squad" program. Commissioner lyer seconded. Motion carried. 6. GreenStep Cities Assignments At this time there was a discussion about the GreenStep assignments. Commission Paterlini made a recommendation to get the most current draft of the required steps of the GreenStep Cities Pilot Program from Ms. Worthington. The commission discussed the proposed purchasing policy. Commissioner lyer made a motion to approve the environmental purchasing policy with some small editorial changes. Commissioner Risser seconded. Motion carried. Chair Latham asked the commission to create a task force to review the turf management policy. Commissioner Sierks made a motion to create a task force to review the City of Edina's Turf Management Policy. The members of the task force would include Energy and Environment Commissioner (Paterlini), Park Board Commissioner, Community Health Commissioner, Edina Staff, Sherry Engelman and Vince Cockriel. Commissioner lyer seconded. Motion carried. Commissioner Sierks gave an update on a local government energy financing law that was passed April 1, 2010. Chair Latham explained to the commission a concept to have artists design recycling bins and place around the city. Commissioner Risser made a motion to establish a Recycling Bin Task Force consisting of a Recycling and Solid Waste Work Group member and Public Art member. Staff members would include Solvei Wilmot and a staff person from the Art Center. Commissioner Thompson seconded. Motion carried. 7. Chair Report Chair Latham asked the commission to discuss the possibility of meeting with the sister cities involved in the GreenStep Pilot Program. Chair Latham asked the commission to make a motion and approve the Alternative Energy Working Group members. Commissioner Thompson made a motion to approve the Alternative Energy Working Group members. Members included, Jeannie Hanson, Richard Griffith, Bob Gubrud, Richard Oriani, Greg Nelson, Ron Rich, and Renee DiVicino. Commissioner Sierks seconded. Motion carried. Chair Latham requested a motion to approve member Bob Genovese to the Education and Outreach working Group. Commissioner Thompson made a motion to approve the new Education & Outreach Working Group member, Bob Genovese. Commissioner Risser seconded. Motion carried. The commission discussed the two openings on the Energy and Environment Commission. Chair Latham reminded the commissioners of the tentative date of June 15, 2010 for a work session with City Council. Chair Latham asked the commissioners for their opinion regarding changing the November 11, 2010 meeting to November 18, 2010. All commissioners were in agreement. Chair Latham was asked to check with Assistant City Manager, Heather Worthington about business cards for commissioners. 8. Education and Outreach Working Group Report Commissioner Thompson gave a report on the Report to the Community on March 23, 2010. Commissioner Thompson gave the commissioners information on the EEC /Bike Edina Task Force bike ride from Braemar Golf Course to Quality Bikes. The tentative date was either May 20 or May 27. Commissioner Thompson gave the commissioners information on the Bike Rodeo, April 17, 2010 from 10:00 a.m. to noon at Highlands School. Commissioner Thompson requested the commission to approve the expenses from the Report to the Community in March 2010. Commissioner Paterlini made a motion to approve expenses submitted by Commissioner Thompson from the March 23, 2010 Report to the Community for $65.90. Commissioner Risser seconded. Motion carried. 9. Adjournment Commissioner Sierks made a motion to adjourn. Commissioner lyer seconded. Motion carried. The meeting adjourned at 7:50 p.m. The next meeting will be the regularly scheduled meeting at 7:00 p.m. May 13, 2010 at Edina City Hall. Respectfully submitted, Jane M. Timm, Deputy City Clerk .i. 4' EDINA HUMAN RIGHTS & RELATIONS COMMISSION TUESDAY, APRIL 27, 2010 7:00 PM — MAYOR'S CONFERENCE ROOM Members Present Arnie Bigbee John Cashmore Lisa Finsness Jess! Kingston Bob Mayer Shara Mohtadi, Student Dee Moore Meg Newell Russ Stanton Members Absent Emma Weisberg, student Guest Mary Jo Kingston Staff Susan Howl Agenda Approved Member Finsness seconded the motion of Member Kingston to approve the agenda as submitted; the motion carried. Minutes Approved Member Kingston seconded the motion of Member Newell to approve editing of the minutes of March 23, 2010, on page two as follows: "Member Newell indicated that she would like to see the Commission co- sponsor a film festival for student films /videos addressing human rights' issues with the School District." Member Cashmore seconded the motion of Member Stanton to approve the minutes of March 23, 2010; the motion carried. Guest Introduced and Welcomed Mary Jo Kingston, Chair of the Edina Community Health Committee, was introduced by her daughter, Vice Chair Kingston, and welcomed by the Commission. As a representative of her Committee, she came to hear about the human services funding process conducted by HRRC. Ordinance Readied for Selected Hearing Date Vice Chair Kingston presented dates of three upcoming City Council meetings as choices for the public hearing regarding HRRC's draft Domestic Partnership Ordinance. The Commissioners agreed upon Tuesday, May 18th, and asked that staff provide information regarding the procedure for the hearing. Regarding the public hearing and the ordinance to be reviewed, discussion took place whether or not to include Section 4 which was in the original draft, stating that entities contracting with the City be required to provide equal benefits to spouses and domestic partners of their employees. It was suggested that this section be changed to selection criteria rather than a mandate. Another suggestion was the importance of keeping this section within the ordinance for .0 the overall purpose of human rights and that much of the material contained in the draft Ordinance is symbolic in nature anyway. It was reported that Gordon Hughes and the City's attorney, Roger Knutson, both advised that this section not be included in the draft ordinance at this time and that it be brought to a City Council /HRRC work session at a later date. Member Cashmore seconded Vice Chair Kingston's motion to eliminate Section 4 from the draft ordinance scheduled for review at the City Council's public hearing on May 18, 2010, and to schedule a work session with the City Council to discuss Section 4 in the late summer or early fall. The motion carried unanimously. STAND Event Reviewed The Commissioners were reminded that the amount of $1500 had been approved at the previous Commission meeting for the special event on May 22nd to support anti - genocide efforts in Burma. However, this action was subject to the School District Administration's approval as well. Student Member Mohtadi shared the written communication from the Superintendent, Ric Dressen, which indicated support for and approval of the event. It will be a three -hour concert with seven local bands at the Lake Harriet band shell. Because of liability concerns, the bike ride to the band shell was cancelled. New RFP Form Approved In order to investigate mutual endeavors and responsibilities between HRRC and the Community Health Committee, it was recommended that communication begin between the two entities. Member Newell seconded the motion of Member Finsness to discuss creating a sub - committee from members of both advisory groups at the next Commission meeting; the motion carried. Discussion ensued regarding the new RFP format needing to be "cut and dried" with master categories in order to make it a step up from what was used before. The draft accomplishes this in a newly- organized format. The following were suggestions for inclusion in the RFP: • Charity Review Council score • "Other" in number 12 • Number of volunteers and hours of service • Income statement and balance sheet for the prior year • Proposed budget including expense categories • Current budget Workshop Confirmed at the Annual Meeting In December at the State's Annual Meeting of Human Rights Commissions, Vice Chair Kingston indicated that she planned to host a workshop regarding the Domestic Partnership Ordinance. Edina Community Council Report Given Member Finsness shared information given by Mary Manderfeld at the recent Community Council meeting. Mary is the Assistant Director of Administrative Services for Edina Public Schools, and she talked about the Equity Teams being created at each of the Edina schools. She gave an overview of the state of our School District regarding Adequate Yearly Progress (AYP) which showed the changing face of Edina. In the reading tests, our students who are a part of the Free - Reduced Lunch Program did not show adequate progress. Mary reported that unfortunately bullying is still an issue in the schools. Along with the Equity Teams, STRIVE and Dare to be Real, it is hoped that challenges can be turned into positive learning experiences. Dee Moore seconded the motion of Lisa Finsness to invite Mary Manderfeld and Rachael Pream Grenier, the School District's Youth Development Supervisor, to attend a meeting of the Commission. The motion carried. Meeting Adjourned There being no further business, the meeting was adjourned at 9:30 PM. Respectfully submitted, Arnie Bigbee, Chair Edina Human Rights & Relations Commission MESSERLI & KRAMER Government Relations ro Prepared. 'By Tom Poul, Bill Schreiber, Nancy Haas and Carolyn LaViolette Messerli & Kramer, P.A. 145 University Avenue West, Suite 450 Saint .Paul, Minnesota 55103 651 -228 -9757 www.me.sserlikramer.com /government Contents 2010 Legislative Session Summary .........~~.,..~............~~....,~....,..~.~~.............,.,.,.,.^.....-......-5~ State~_~_~~~~_._~_.-`-'.�....._.' .............................. �.-�- - SupplementalBudget- Bill ..... `................................................................................................... -6- Special Session ' }��}—..`�------�_-------�-_'`.�—_._.-.---.----'_�'_'�- Budget ' '~~._�0� . � � Omriibus Bonding Bill ................................. ............... .......................................................... -l0- ' ` �mm�m� ' .~~~~�~. ' -12- __'�'-�--___ .~................._....-~........~,.....,.. ~~��~~~~~~.~~~~~~-.~~~~~_~~ � Jobs Bill ........................................................ ............................... .......................................... -l2- . ~~~~~~.~~-19- ' Civil Law ..,,,~__._.. -29- Eminent Domain Practices --------'.----------..—....--.--_-----....-29- Streamlining Data Practices Administrative Process ............................. ................................. -30- � LocalGovernment ,~,,,,~,,,,,,~~~~,,~,_,_,,,,,,_,,_,,,,..,_,,~,,,,~,,,,,,,_,~~,,,,,,~,,,,,,,,_,,,,,,,,.,,_,,~,,,,,_31_ Firefighter Definition Revision ................................................................................................ -3l- ' Firefighter � ' 8nl��ta�mnm—.--.----...�—_----..—.....—.--..�—.—_---.-'----]l- Firefighter Background Checks ............... ................................................................. ............. -]l- Codes and Licensing -------.---_------....--.—..'.--.—'-3]- City Council Membership _------.-------....---.--..—.-----.---...'—..-34- References to Meeting Minutes Updated ................................. ............................................. -34- ' Fiscal Impact Notes —.------------_---------.—'---_'-34- � -2- ' Expanding Securities Lending Options ................................................. ............................... - 35- Modifying Watershed Plan Provisions .................................................. ............................... - 35- Probationary Periods for Peace Officers ................................................ ............................... - 35- Municipal Enforcement of State Building Code .................................... ............................... - 36- Shared Service Delivery Options ........................................................... ............................... 36 Commerce................................................................................................... ............................... - 38- OmnibusLiquor Bill .............................................................................. ............................... - 38- Telecommunications Bill ....................................................................... ............................... - 38- Pensions....................................................................................................... ............................... - 39- OmnibusPensions Bill ........................................................................... ............................... - 39- Elections...................................................................................................... ............................... - 41- State Primary Election Date Change ...................................................... ............................... - 41- City Precinct and Ward Boundaries ....................................................... ............................... - 41- Transportation........................................................................................... ............................... - 42- Transportation Policy Omnibus Bill ...................................................... ............................... - 42- Snow Removal in Uncompleted Subdivisions ....................................... ............................... - 42- Office of the Legislative Auditor (OLA) Study: Transit Systems Governance .................... - 42- Legislation Not Passed During 2010 Session ........................................... ............................... - 43- MVHCFormula Reform ........................................................................ ............................... - 43- PTRReductions ..................................................................................... ............................... - 43- Monitoring Air Quality in Ice Arenas .................................................... ............................... - 43- Real Estate Forfeiture Initiative ............................................................. ............................... - 44- Volunteer Firefighter Relief Assn. Amortization Change ..................... ............................... - 45- Modifying Unallotment Authority ......................................................... ............................... - 45- MandatorySick Leave ........................................................................... ............................... - 45- -3- Open Meeting Law Changes .................................................................. ............................... - 46- MLCMayors Meeting with Governor Pawlenty .................................... ............................... - 48- APPENDIX................................................................................................. ............................... - 50- -4- The 2010 Legislative Session, which convened on February 4, was expected to be a short session. The major priorities identified by legislative leaders were: 1. Solve the manageable short-term budget deficit of $994 million; and 2. Pass a bonding and jobs bill to help jump -start the economy. Other issues that legislators planned to work on this session included General Assistance Medical Care (GAMC), and reforms to K -12 Education (i.e. alternative teacher licensures). Within two months, many of these issues were passed and signed into law. The Capital Investment Bonding Bill passed the House and Senate with $999 million in general obligation bonding. It was signed on March 14, but the Governor removed about $300 million in projects using his line -item veto authority. A compromise on GAMC was reached in late March and signed by Governor Pawlenty (although many policymakers had doubts that the compromise would be a workable solution). An Omnibus Jobs Bill, which would provide for expanded TIF usage and additional tax credits, was signed into law on April 1. Finally, a supplemental budget bill was passed that would address one -third (about $312 million) of the budget deficit through cuts to local government, higher education, state government agencies, transportation, and environment and natural resources. With the budget deficit partly resolved, all that remained for the final months of session were an Omnibus K -12 Education Bill, an Omnibus Health & Human Services Budget Bill, and an Omnibus Tax Bill. Then on May 5, weeks before the constitutional adjournment, the Minnesota Supreme Court issued a ruling that Governor Pawlenty exceeded his authority when he used unallotment to balance the state's budget in 2009. This ruling opened -up the possibility of needing to cut an additional $2.7 billion. After days of negotiations, the Governor and legislative leaders came to an agreement — but not in time to implement it into law before the constitutional adjournment. In order to bring Minnesota's budget back into balance, a special session was called immediately after the midnight adjournment deadline on May 17. In the early morning hours, H.F. 1 was assembled to ratify the $2.7 billion in unallotments and payment shifts made in 2009, along with additional Health & Human Services program cuts. The Legislature was unable to pass an Omnibus K -12 bill due to reform proposals opposed by the teachers union, as well as controversy over extending existing school referendums. The Special Session adjourned sine die on May 17 at about 10:45 AM. This fall is an election year for all of Minnesota's State Senators, Representatives, as well as the Governor's seat. A number of policymakers, including Governor Tim Pawlenty, have decided not to run for re- election this year (a list of retirees is included in the appendix of this report). To date, there are 22 seats left open by retirees. The 2011 Legislative Session is scheduled to begin at 12 Noon on Tuesday, January 4. SIE Supplemental Budget Bill H.F. 1671 Representative Lyndon Carlson, Senator Richard Cohen The supplemental budget bill makes changes to appropriations in fiscal year 2010 and 2011, totaling $312 million in cuts and shifts. The passage of this bill resolved one -third of the state's $994 million deficit (based on the February economic forecast and prior to the State Supreme Court ruling on the Governor's unallotments). H.F. 1671 does not address cuts to the K -12 budget or the Health & Human Services budget. One of the largest cuts was to local aids and credits (about $111 million). The city aids and credits reduction are first taken from the MVHC reimbursement, and then from LGA. In addition to the cuts to city aids and credits, about $10.5 million is diverted from the Fire Safety Account fund to the state's general fund. What is remaining in the Fire Safety Account (approximately $2 million) will be used to fund the State Fire Marshall, hazardous materials response team training, and other fire training purposes. Market Value Credit Reductions H.F. 1671 authorizes a permanent annual reduction in each jurisdiction's MVHC reimbursements beginning in Pay 2011, which is equal to the Pay 2010 total loss in MVHC from the Governor's unallotment. This affects cities' and towns' reimbursements only. 99.9 Sec. 2. Minnesota Statutes 2008, section 273.1384, is amended by adding a subdivision 99.10 to read: 99.11 Subd. 6. Credit reduction. In 2011 and each year thereafter, the market value 99.12 credit reimbursement amount for each taxing jurisdiction determined under this section 99.13 is reduced by the dollar amount of the reduction in market value credit reimbursements 99.14 for that taxing jurisdiction in 2010 due to unallotment reductions announced prior to 99.15 February 28, 2010, under section 16A.152. No taxing jurisdiction's market value credit 99.16 reimbursements are reduced to less than zero under this subdivision. The commissioner of 99.17 revenue shall pay the annual market value credit reimbursement amounts, after reduction 99.18 under this subdivision, to the affected taxing jurisdictions as provided in this section. 99.19 EFFECTIVE DATE. This section is effective for taxes payable in 2011 and 99.20 thereafter. M Special Levies Clarification This language expands the current special levy for aid and credit losses due to unallotment in the previous year, after levies are certified, to include losses due to legislative action as well. It also makes a technical correction to a special levy for reductions in market value credit reimbursements. 99.21 Sec. 3. Minnesota Statutes 2009 Supplement, section 275.70, subdivision 5, is 99.22 amended to read: 99.23 Subd. 5. Special levies. "Special levies" means those portions of ad valorem taxes 99.24 levied by a local governmental unit for the following purposes or in the following manner: 102.23 (22) an amount equal to any reductions in the certified aids or credits payable 102.24 under sections 477A.01 I to 477A.014, and section 273.1384, due to unallotment under 102.25 section 16A.152 or reductions under another provision of law. The amount of the levy 102.26 allowed under this clause is equal to the amount unallotted or reduced in the calendar year 102.27 in which the tax is levied unless the unallotment or reduction amount is not known by 102.28 September 1 of the levy year, and the local government has not adjusted its levy under 102.29 section 275.065, subdivision 6, or 275.07, subdivision 6, in which case the unallotment 102.30 or reduction amount may be levied in the following year;... 103.5 (25) for the estimated amount of reduction to eFedits market value credit 103.6 reimbursements under section 273.1384 for credits payable in the year in which the levy is 103.7 payable. 103.8 EFFECTIVE DATE. This section is effective for taxes payable in 2011 and 103.9 thereafter. LGA Study Group Date Change This provision changes the date by which the study group must make recommendations to the legislature from December 15, 2010 to December 15, 2012. -7- Under this law, MLC cities' MVHC reimbursement reductions equal 100 %: Apple Valley cuts.) $1,058,525 $1;046,140 $12,385 :IVI N71 cuts) 0 N cuts $1,046,140 Bloomington $1,371,763 $1,371,763 0 0 $1,371,763 Burnsville_ $1,164,636 $1,140,575 $24,061 0 $1,140,575 Eagan $1,036,495 $983,023 $53,472 0 $983,023 Eden Prairie $428,529 $428,529 6 0 $428,529 Edina $224,252 $224,252 0 0 $224,252 IGH $658,391 $590,788 $67,603 0 $590,788 Lakeville $777,335 $686,471 $90,864 0 $686,471 Maple Grove $837,255 $829,965 $7,290 0 $829,965 Maplewood $574,427 $566,817 $7,610 0 $566,817 Minnetonka ,. $485,930 $485,924 $6 0 $485,924 Plymouth $552,101 $552,101 0 0 $552,101 Shoreview $334,186. $317,648 $16,538 0 $317,648 Woodbury $803,055 $695,555 $107,500 0 $695,555 Special Session Budget Bill Special Session H.F. 1 Representative Lyndon Carlson, Senator Richard Cohen After the State .Supreme Court ruling overturned the 2009 unallotment of a special nutrition program, the Legislature needed to cut an additional $2.5 billion to avoid the possibility of additional litigation. The final budget agreement between legislative leaders and Governor Pawlenty was not reached in time for the Legislature to constitutionally adjourn, so -a Special Session was called to pass H.F. 1, which contains $2.976 billion in appropriation reductions and shifts. $2.5 billion of the package ratifies the 2009 unallotments, while the remainder addresses cuts to Health & Human Services programs, an increase' in the payment deferral for schools, and a delay in the payment of state corporate franchise tax and sales tax refunds. -8- In general, H.F. 1 does not contain any additional cuts to city aids and credits for 2010 or future years. The bill ratifies the Governor's LGA and MVHC unallotments at the same levels as they were previously announced in July 2009. Lew Validation H.F. 1 also validates "special levies" that were approved for taxes payable in 2010 to replace the unallotment losses of LGA and MVHC. This language was included in the bill to clarify that the special levies were still valid despite the unallotments being voided and replaced with the legislatively ratified LGA and MVHC cuts. 42.25 Sec. 5. LEVY VALIDATION. 42.26 Any pecial levy under Minnesota Statutes, section 275.70, subdivision 5, clause 42.27 (22), approved by the commissioner of revenue for taxes payable in 2010, is validated 42.29 notwithstanding a later judicial decision that may affect the validity of unallotments that 42.29 were announced in 2009. A local government may not levy under Minnesota Statutes, 42.30 section 275.70, subdivision 5, clause (22), for taxes payable in 2011 for any retroactive 42.31 reduction in aid and credit reimbursements for aids and credits payable in 2008 or 2009. 42.32 EFFECTIVE DATE. This section is effective the day following final enactment. Omnibus Bond' LY Bill H.F. 2700 Representative Alice Hausman, Senator Keith Langseth The Omnibus Bonding Bill passed the House and Senate with almost $1 billion in general obligation bonding — much larger than the $725 million bonding bill requested by the Governor. Even with the inclusion of the Governor's six core projects, Pawlenty used his line -item veto to remove over $300 million in projects from the bill. The final bill signed into law amounted to $680 million. A second bonding bill was discussed, but was not assembled in time for the constitutional adjournment. There were a number of provisions in the bonding bill that targeted general obligation bonds toward individual cities' projects, including the, following MLC cities: • Veterans, Firefighters, and Policy Memorial (Eagan) • Renovation of the Old Cedar Avenue Bridge (Bloomington) • Park and trail development at the Rock Island Bridge site (Inver Grove Heights) Trunk highway fund appropriations will also go toward some MLC projects, such as the design and construction of a Maple Grove truck station, the design and construction of a new metro bridge crew building in Maplewood, and the preliminary design of a Plymouth truck station. A grant is also issued to Ramsey County to reconstruct the Rice Street Bridge where it crosses Highway 36, and for capital improvements to support the bioscience business development in that area. Finally, there is "placeholder language" authorizing grants for cooperative local facilities. However, the $1 million bonding for those grant awards was line -item vetoed (see below for more details). _10- VETOED — Transit Capital Improvement Program A $43.5 million appropriation for transit projects was line -item vetoed. Dollar amounts for each project were not specified. Instead, Met Council was to allocate dollars among a list of eligible transit projects, after consultation with the Counties Transit Improvement Board. Three of the eligible projects are priorities for MLC cities. Many of the other eligible projects are not located within MLC cities, but provide enhanced mobility in the metro area. The three MLC Projects: Cedar Ave Busway — $3 million needed immediately for right -of -way acquisition and utility relocation. $6 million needed for construction beginning in early 2011. Southwest Light Rail Transit — Federal "new starts" application will be submitted in September. Application in this national competitive fund is enhanced with a demonstrable state financial commitment. Woodbury Park & Ride — demand far exceeds parking supply in Woodbury for express bus service on I -94. In cooperation with the City, a suitable park and ride location has now been identified. State bonding dollars would allow the project to proceed. VETOED — Grants for Cooperative Facilities $1 million for grants to counties, cities and school districts to construct or renovate cooperative local facilities was removed by the Governor. In his veto letter, Pawlenty stated he is supportive of local governments working toward greater service efficiencies, but the additional revenue is not required for such collaborations. Policy that would authorize the cooperative local facilities grants remained in the bonding bill, and clarifying language was included in the State Government Omnibus Bill (S.F. 3134) saying those grants can be issued to qualifying applicants when the funds are made available. A copy of the MLC's letter to Senator Langseth in support of this provision is included in the appendix. VETOED — East Metro Regional Fire Training Facili $3 million to the City of Maplewood for pre- design and construction of the East Metro Regional Fire Training Facility was line -item vetoed. In the Governor's veto letter, he stated the project did not meet the Department of Public Safety's criteria for new facilities. Jobs Bill H.F. 2695 Representative Ann Lenczewski, Senator Tom Bakk This bill contains several job creation provisions, including an Angel Investment tax credit, a historic structure rehabilitation credit, and a local government energy improvement financing program. H.F. 2695 also contains TIF provisions to help jumpstart the state's construction industry, the most notable being the Mall of America expansion project. Voluntary Enerp-v Imarovements Financine Program Under this provision, a city, county or town would have the ability to issue revenue bonds to help pay for energy improvements to a single or multi - family residential dwelling, or a commercial or industrial building. An energy audit or a renewable energy system feasibility study must be completed to ensure the qualifying real property would benefit from energy improvements. Energy improvements include renovation or retrofitting buildings, installing new or upgraded electrical circuits, or installing a renewable energy system that generates electrical or thermal energy from a renewable source. 13.19 Sec. 4.1216C.4361 VOLUNTARY ENERGY IMPROVEMENTS FINANCING 13.20 PROGRAM FOR LOCAL GOVERNMENTS. 13.21 Subdivision 1. Program authority. A local government may establish a program 13.22 to finance energy improvements to enable owners of qualifying real properly to pay for 13.23 cost - effective energy improvements to the qualifying real property with the net proceeds 13.24 and interest earnings of revenue bonds authorized in this section. A local government may 13.25 limit the number of qualifying real properties for which a property owner may receive 13.26 program financing_ 13.27 Subd. 2. Program requirements. A financing program must: 13.29 (1) impose requirements and conditions on financing arrangements to ensure timely 13.29 repayment; 13.30 (2) require an energy auditor renewable energy System feasibility study to be 13.31 conducted on the qualifying real property and reviewed by the local government prior to 13.32 approval of the financing; -12- 13.33 (3) require the inspection of all installations and a performance verification of at 13.34 least ten percent of the energy improvements financed by the program, 14.1 (4) require that all cost - effective energy improvements be made to a qualifying 14.2 real property prior to, or in conjunction with, an applicant's repayment of financing for 14.3 energy improvements for that property; 14.4 (5) have energy improvements financed by the prop am performed by licensed 14.5 contractors as required by chapter 326B or other law or ordinance; 14.6 (6) require disclosures to borrowers by the local government of the risks involved in 14.7 borrowing, including the risk of foreclosure if a tax delinquency results from a default; 14.8 (7) provide financing only to those who demonstrate an ability to repay; 14.9 (8) not provide financing fora gualifying qualifying real property in which the owner is not 14.10 current on mortgage or real properly tax payments; 14.11 (9 ) require a petition by all owners of the qualifying real propea requesting 14.12 collections of repayments as a special assessment under section 429.101; 14.13 0 0) provide that payments and assessments are not accelerated due to a default and 14.14 that a tax delinquency exists only for assessments not paid when due, and 14.15 01) require that liability for special assessments related to the financing runs with 14.16 the qualifying real propeM. 14.17 Subd. 3. Retail and end use prohibited. Energy generated by an energy 14.18 improvement may not be sold, transmitted, or distributed at retail and may not provide for 14.19 end use of the electrical energy from an off -site facility. On -site generation is allowed to 14.20 the extent provided for in section 216B.1611. 14.21 This section does not modify the exclusive service territories or exclusive right to 14.22 serve as provided in sections 21613.37 to 21613.43. 14.23 Subd. 4. Financing terms. Financing provided under this section must have: 14.24 (1) a term not to exceed the weighted average of the useful life of the energy 14.25 improvements installed, as determined by the local government, but in no event may 14.26 a term exceed 20 years; 14.27 (2) a principal amount not to exceed the lesser of ten percent of the assessed value 14.28 of the real property on which the improvements are to be installed or the actual cost of 14.29 installing the energy improvements, including the costs of necessary equipment, materials, 14.30 and labor, the costs of each related energy audit or renewable energy system feasibility 14.31 study, and the cost of verification of installation; and 14.32 (3) an interest rate sufficient to pay the financing costs of the program, including the -13- 14.33 issuance of bonds and any financing delinquencies. 14.34 Subd. 5. Coordination with other programs. A fiinancing_prggram must include 14.35 cooperation and coordination with the conservation improvement activities of the utility 15.1 serving the qualifying real property and other public and private energy improvement 15.2 programs. 15.3 Subd. 6. Certificate of participation. Upon completion of a project, a local 15.4 government shall provide a borrower with a certificate stating participation in the program 15.s and what energy improvements have been made with fiinancing_pro program proceeds. 15.6 Subd. 7. Repayment. A local government financing an n energy improvement 15.7 under this section must: 15.8 (1) secure payment with a lien against the benefited qualifying real prope • and 15.9 (2) collect repayments as a special assessment as provided for in section 429.101 ls.lo or by charter. 15.11 Subd. 8. Bond issuance; repayment. (a ) A local government may issue revenue 15.12 bonds as provided in chapter 475 for the purposes of this section. 15.13 (b) The bonds must be payable as to both principal and interest solely from the 15.14 revenues from the assessments established in subdivision 7. 15.15 (c) No holder of bonds issued under this subdivision may compel any exercise of the 15.16 taxing power of the local government that issued the bonds to pay principal or interest on 15.17 the bonds. Bonds issued under this subdivision are not a debt or obligation of the local 15.18 government that issued them, nor is the payment of the bonds enforceable out of any 15.19 money other than the revenue pledged to the payment of the bonds. 15.2o EFFECTIVE DATE. This section is effective the day following final enactment. Green BuildinLw and Sustainable Design Proiects Under this new law, municipalities will also be permitted to use bond financing to designate a project as a qualified green building. Eligibility criteria listed in this section must be met, and at least 75 % of the square footage must be registered with a recognized green building rating system. 37.34 Sec. 25. 1469.16551 QUALIFIED GREEN BUILDING AND SUSTAINABLE 37.35 DESIGN PROJECTS. 38.1 Subdivision 1. Proiect designation and eligibility. (a) A municipality or 38.2 redevelopment agency issuing revenue bonds under sections 469.152 to 469.165 may 38.3 designate the project for which the bonds are issued as a qualified green building and MEE 38.4 sustainable design project as provided in this section. 38.5 (b) The issuer must ensure that each designated project substantially: 38.6 (1) reduces consumption of electricity compared to conventional construction; 38.7 (2) reduces daily carbon dioxide emissions compared to energy generated from coal; 38.8 (3) increases the use of solar photovoltaic cells or solar thermal cells in this state; or 38.9 (4) increases the use of fuel cells to generate energy_ 38.10 (c) Before designating a project under this section, the issuer must document in 38.11 writing that the project will satisfy the eligibility criteria in this section. 38.12 (d) At least 75 percent of the square footage of commercial buildings that are part of 38.13 the project must be registered with a recognized green building rating system, including 38.14 Minnesota's sustainable building_ guidelines or the United States Green Building Council's 38.15 LEED certification or the Green Building Initiative's Green Globes certification, or in the 38.16 case of residential buildings, Minnesota GreenStar rating or the National Association of 38.17 Home Builders National Green Building Standard certification, and must be reasonably 38.18 expected to receive the certification. 38.19 Subd. 2. ApDlications. An application for designation under this section must 38.20 include a protect proposal that describes the energy- efficiency, renewable energy, and 38.21 sustainable design features of the project and demonstrates that the project satisfies the 38.22 eligibility criteria in this section. The application must include a description of 38.23 (1) the amount of electric consumption reduced as compared to conventional 38.24 construction: 38.25 (2) the amount of carbon dioxide daily emissions reduced compared to energy 38.26 generated from coal; 38.27 (3) the amount of the gross installed capacity of the proiect's solar photovoltaic 38.28 capacity measured in megawatts; and 38.29 (4) the amount in megawatts of the project's energy generated by fuel cells. 38.30 Subd. 3. Use of bond financing. The project proposal must include a description of 38.31 the bond financing that will be allocated for financing of one or more of the following: 38.32 (1) the purchase, construction, integration, or other use of energy - efficiency, 38.33 renewable energy, and sustainable design features of the project; or 38.34 (2) compliance with certification standards cited under subdivision 1, paragraph (d). 38.35 EFFECTIVE DATE. This section is effective for bonds issued after June 30, 2010. -15- Compact Development Districts A new type of district is authorized - compact development TIF districts. Under the new definition, 70% of the area in the district must be occupied by structures classed as 3a commercial - industrial, and the planned redevelopment must at least triple the square footage of class 3a buildings. The blight condition does not necessarily apply, but the projects should be transit - friendly. The authority for creating this type of district ends June 30, 2012. 39.1 Sec. 26. Minnesota Statutes 2008, section 469.174, is amended by adding a subdivision 39.2 to read: 39.3 Subd. l Oc. Compact development district. "Compact development district" means 39.4 a type of tax increment financing district consisting of aproiect, or portions of a project, 39.5 within which the authority finds by resolution that the following conditions are satisfied: 39.6 (1) parcels consisting of 70 percent of the area of the district are occupied by 39.7 buildings or similar structures that are classified as class 3a property under section 273.13, 39. B subdivision 24; and 39.9 (2) the planned redevelopment or development of the district, when completed, will 39.10 increase the total square footage of buildings, classified as class 3a under section 273.13, 39.11 subdivision 24, occupying the district by three times or more relative to the square footage 39.12 of similar buildings occupying the district when the resolution was approved. 39.13 EFFECTIVE DATE. This section is effective for districts for which the request for 39.14 certification is made after June 30, 2010. 39.31 Subd. 2b. Compact development districts; sunset. The authority to establish or 39.32 approve the tax increment financing plan for a new compact development district expires 39.33 on June 30, 2012. 40.30 Sec. 30. Minnesota Statutes 2008, section 469.176, is amended by adding a subdivision 40.31 to read: 40.32 Subd. 1 i. Compact development districts. Tax increments derived from a compact 40.33 development district may be used only to pay: 40.34 (1) administrative expenses up to the amount permitted under subdivision 3; 41.1 (2) the cost of acquiring land located in the district or abutting the boundary of 41.2 the district, 41.3 (3) demolition and removal of buildings or other improvements and other site 41.4 preparation costs for lands located in the district or abutting the boundary of the district; 41.5 and -16- 41.6 (4) installation of public infi-astructure or public improvements serving the district 41.7 but excluding the costs of streets, roads, highwgys. parking, or other public improvements 41.8 pnm ily designed to serve private passenger motor vehicles. 41..9 EFFECTIVE DATE. This section is effective for districts for which the reguest for 41.10 certification is made after June 30, 20 10. Economic Development Districts The new language in law provides temporary authority to use economic development districts for any type of project, if three conditions are satisfied: • The municipality finds the project "I create new jobs in the state, including construction jobs, and the project otherwise would not have. begun before July 1, 2011, without the assistance; • Construction of the project begins no later than July 1, 2011; and • The request for certification is made by June 30, 2011 Effective date: Applies to pre-existing districts if the request for certification was made after June 30, 2009. Temporary Authority to Stimulate Construction This section allows the use of increments to pay for construction of new or substantial rehabilitation of buildings, if doing so will create or retain jobs in this state and construction begins before July 1, 2011. 43.6 Subd. 4m. TernDorary authority to stimulate construction. (a) Notwithstandin 43.7 the restrictions in M other subdivision of this section or any other law to the contrary. 43.9 except the reguirement to pay bonds to which the increments are pledged and the 43.9 provisions of subdivisions 4g and 4h. the authorily may spend tax increments for one or 43.10 more of the following pu[poses: 43.11 Mto provide improvements, loans, interest rate subsidies, or assistance in any 43.12 form to private development consisting of the construction or substantial rehabilitation 43.13 of buildings and ancillM facilities, if doing so will create or retain Jobs in this state, 43.14 including construction *obs, and that the construction commences before July 1, 2011, and 43.15 would not have commenced before that date without the assistance; o 43.16 (2) to make an egui1y or similar i nvestment in a corporation, partnership, or limited 43.17 liabilfty company that the authori1y determines is necessga to make construction of a -17- 43. is development that meets the requirements of clause (1.) financially feasible. 43.19 (b) The authority may undertake actions under the authority of this subdivision oniX 43.20 after approval by the municipality of a written spending plan that specifically authorizes 43.21 the authority to take the actions. The municipality shall approve the spending plan only 43.22 after a public hearing after published notice in a newspaper of general circulation in 43.23 the municipality at least once, not less than ten days nor more than 30 days prior to the 43.24 date. of the hearing. 43.25 (c) The autho[Lq to spend tax increments under this subdivision expires December 43.26 31, 2011. 43.27 EFFECTIVE DATE. This section is effective the day following final enactment 43.2s and applies to tax increments derived from a district, regardless of when the request for 43.29 certification was made. - Ig - Omnibus Tax Bill H.F. 3729 Representative Ann Lenczewski, Senator Tom Bakk The Omnibus Tax Bill makes changes to property tax provisions, sales and use tax, and specifies individual changes to cities' local sales tax and TIF. There is also an article providing for property tax reform, accountability, value and efficiency. H.F. 3729 was presented to the Governor on May 18. It is expected he will sign the bill into law. Green Acres Changes The most significant change to "Green Acres" is the qualification for specified property to be entitled to valuation and tax deferment under this section of law. The land now must be enrolled for a minimum of eight years (previously a minimum of 10 years). Manufactured Home Park Cooperative This language modifies the property tax treatment of land owned by a manufactured home park cooperative that qualifies for homestead treatment. It provides that . manufactured home park cooperative land that qualifies for homestead treatment has a class rate equal to the rate for class 4d low - income apartments (0.75 percent), if more than 50 percent of the lots are occupied by shareholders in the association. The class rate is one percent if 50 percent or fewer of the lots are occupied by shareholders. The language also states that this land is not eligible to receive the market value homestead credit, and further states that taxes on this land are not to be included in the determination of taxes payable for rent paid under the property tax refund program. -19- - oz - e Inugns Ilegs jauoissiwwoo aqj ZIOZ I Xiuniqaq Xjg 'MIZIM SZ!I!n: sip leosu aqj se cz•eE unnouil luowwoa A£Lb ial ego saln;els enosauuiW ul pauiuluoo wt, of uoilnquasip 9z•eE anuanaa uelilo wlaw agl jo pnls a lonpuoo llegs anuanaJ Jo aauoissiwwoo ag,L sa•eE '1[ IMS SdI.LIHVdSIQ 'IVJSI3 '8Z 'aaS 6i•eE OIOZ X03 sappoud anTlulsi9al s,�'IW ogljo auo sum anssT situ -ZIOZ `I A n uqa j .Cq palaidwoo oq of `umiSoTd s3ijuwdslp luosu alp jo ,Cpnls t, 13npu03 of anuaAa -d 3o aauoTSSTwwoD ail soiinbaa uotloas STq`l, pnjS sailpic siQ Inasla •.Tal3t,a.Tagl pun I IOZ ui alquArd saxul ,(vQdoid io3 antl3ajJ0 si uoTloas sigjL •saam Iu.Tapaj PUB suoclousuual asnoq Suuualo paluwolnu Sulpnloui `suuaw otuozloala ggno.Tgl ptt,d aq of sa!lluuod put, Isa.Talu► polulal put, saxul )Cvadoid luonbtnlop 3o IuauiXud snnolIV saxeZ 1135clo3d Juan up(l j.o Juaw ea -21 I i0Z ui alqu,Cud `OIOZ ui patnal saxul Blinn SuiuutSaq antloaJJa si u01133S SH. U •wnwiuTw ou sT aaagl `nnul luauno .Tapun -luaoiad 6-E puu oiaz uaannlaq of slTwTl � Aal Suilulnoluo ui pasn sasegojnd luawwanoS Iuool puu aluls 10J ((IdI) iolt,Uap aoud Itoildun atp sl[wi7 aseg )!wl-1 AAOrl pajsn,pV punfa i xvi dpado.id atti fo sasod ind ,iof xvi autog s, .taunto agl gytnt papnjoui 8utaq wo. j'puvl arts uo xvi aqj sapnjoa.id osly iI punl 4.tvd aqj uo ltpa.ra pvalsawoq anlvn lq ivw ,fuv inogltnt 1nq '(juao iad auo sns tan juaaaad SL '0) alD.t pvalsawog Ivtauaprsa.t Ivtu.rou aya uvyl .rantol sl jvg) aml ssvlo v gatna 'sawoy Ivnpzazpui aqj fo anlva ayl tuo.�fjoui syp puvl aya fo aniva aqj sdaq uorsrno.rd stq,L puvl a jvd ayi of jtpa.ra pvalsawotf anlvn lnjvtu ayi ,flddv of ntoy waloun osly si 11 -(.rva�f awns agJ ut paxvi puv panlvn '-a •t) duado.id Ivuovad si awoq pa injovfnuvw ay# ;nq '(ivad 8ulntollof aqj ui pam puv .wart auo ui panlv,t '•a-!) duado.id lvai si puvl 4.ivd aqj Ivgl st gargm fo auo 'suosvai fo .ragwnu v .iof rfla gjv.asyuzwpv ilno�tp st Iuauuva4 sitLL -awoy pa.,movfnuvw s, .tau,xo ayl fo anlvn ayi of pappv anlvn puvl aqj fo a.rvgs s, .iaunto Bova gltnt 'sa.rvgs ojut paprntp sl puvj 4dDd agl avgj suoIsiaua nwl aill -.rajsIuttupv of jjnotgtp puv snon8zgwv Ivyntawos si luatuuva4 pvajsatuoq .iof 8utrfftivnb puvl Y.rnd atuoq pa injovfnuvw fo juauova4 xvi ayl `ntvl jua un i .spun : ansst uo punoa8yavg 38.28 report to the chairs and ranking minority members of the house of representatives and 38.29 senate tax committees consisting of the findings of the study and identification of issues 38.30 for policy makers to consider. The study must analyze: 38.31 (1) the extent to which the benefits of economic growth of the region are shared 38.32 throughout the region, especially for growth that results from state or regional decisions; 39.1 (2) the program's impact on the variability of tax rates across jurisdictions of the 39.2 region, 39.3 (3) the program's impact on the distribution of homestead property tax burdens 39.4 across jurisdictions of the region; and 39.5 (4) the relationship between the impacts of the program and overburden on 39.6 jurisdictions containing properties that provide regional benefits, specifically the costs 39.7 those properties impose on their host jurisdictions in excess of their tax payments. 39.8 The report must include a description of other property tax, aid, and local 39.9 development programs that interact with the fiscal disparities program. 39.10 EFFECTIVE DATE. This section is effective January 1, 2011. 39.11 Sec. 29. FUND TRANSFER FROM FISCAL DISPARITIES LEVY. 39.12 For taxes payable in 2011 only, the Metropolitan Council must certify to the Ramsey 39.13 County auditor the amount of $100,000, to be certified by the Ramsey County auditor to 39.14 the administrative auditor as an addition to the Metropolitan Council's areawide levy 39.15 under Minnesota Statutes, section 473F.08, subdivision 5. Upon receipt of the proceeds 39.16 of this levy, the Metropolitan Council must transfer this money to the commissioner of 39.17 management and budget for deposit into the general fund. One -half of the proceeds of the 39.18 levy must be transferred prior to June 30, 2011. Property Tax Reform, Accountability, Value and Efficienc Article 2 of the Omnibus Tax Bill encompasses property tax reform provisions. Section 1 creates the Council on Local Results and Innovation. The Council will establish a standard set of performance measures and minimum standards for comprehensive performance measurement systems for counties and cities that want to use them. The council is also to serve as a statewide resource for the development, promotion, and implementation of local government performance measurement systems. -21- Section 2 provides that counties and cities that choose to participate in the reporting of standard measures are eligible for cost reimbursement payments from the state. Counties and cities that choose to implement comprehensive performance measurement systems that meet the minimum standards are exempt from levy limits (if in effect). Section 3 embodies the work of the Working Group on State Property Tax Benchmarks, Critical Indicators and Principals for legislators to use when evaluating property tax proposals. It establishes a property tax working group and requires the House and Senate Tax Committees to prepare a resolution on targets and benchmarks for use during the biennium. The full text to Article 2 is included in the appendix. Aerosaace Defense Manufacturing Facili This section provides an exemption for materials and supplies used in the construction or expansion of a facility to manufacture aerospace or defense related sensors and production of micro - electrical mechanical systems. The tax is paid up front and the company must apply for a refund. To apply for the refund, the entity must first show that it employs at least 1,653 full -time equivalent workers and made a capital investment of at least $59 million. Effective for sales after July 1, 2010 and before December 31, 2015. 81.3 Sec. 8. Minnesota Statutes 2008, section 297A.71, is amended by adding a subdivision 81.4 to read: 81.s Subd. 42. Aerospace defense manufacturing facility. (a) Materials and 81.6 supplies used or consumed in, capital equipment incorporated into, and privately owned 81.7 infrastructure in support of the construction, improvement, or expansion of an aerospace 81.8 defense manufacturing facility are exempt if 81.9 (1) the facility is used for the manufacturing of aerospace or defense - related sensors al. lo and the production of micro- electro- mechanical systems; and 81.11 (2) the total capital investment made at the facility is at least $59,000,000. 81.12 (b) The tax must be imposed and collected as if the rate under section 297A.62, - 81.13 subdivision 1, applied, and refunded.in the manner provided in section 297A.75, only 81.14 after the following criteria have been met: 81.15 (1) a refund may not be issued until the owner of the aerospace defense -22- al. 16 manufacturing facility has received certification from the Department of Employment and 81.17 Economic Development that the aerospace defense manufacturing f acili , employs no 81.18 less than 1,653 full -time equivalent workers within the state, and has made a total capital 81.19 investment of at least $59,000,000, 81.20 (2) for each year that the owner of the aerospace defense manufacturing facility 81.21 receives certification from the Department of Employment and Economic Development 81:22 that no less than 1,653 full -time equivalent worker residents are employed workers within 81.23 the state, the refund may be issued to the owner of the aerospace defense manufacturing 81.24 facility at a rate of 25 percent of the total allowable refund payable to date, provided that 81.25. the Department of Employment and Economic Development continues to certify that no 81.26 less than 1,653 full -time equivalent workers are employed workers within the state, the 81.27 commissioner of revenue may make annual payments of the remaining refund until all 81.28 of the refund has been paid; and 81.29 (3) to receive the refund, the owner of the aerospace defense manufacturing facility 81.30 must initially apply to the Department of Employment and Economic Development for 81.31 certification no later than one year from the final completion date of construction of the 81.32 expansion of the aerospace defense manufacturing facility. 81.33 EFFECTIVE DATE. This section is effective for sales and purchases made after 81.34 July 1, 2010. and before December 31, 2015. SDecial Local Taxes Requires that for any new or amended local tax that the department has agreed to or is required to administer, the local unit of government must adopt definitions found in Minn. Stat., ch. 297A, or in Minn. Rules, ch. 8130, with terms consistent with the department's position as to the extent of their tax base. The purpose is to lessen administrative compliance burdens and complexity. 85.29 Sec. 14. 1645.0251 SPECIAL LAWS; LOCAL TAXES. 85.30 Subdivision 1. Definitions. (a) If a special law grants a local government unit 85.31 or group of units the authority to impose a local tax other than sales tax, including but 85.32 not limited to taxes such as lodging, entertainment, admissions, or food and beverage 85.33 taxes, and the Department of Revenue either has agreed to or is required to administer, 85.34 the tax, such that the tax is reported and paid with the chapter 297A taxes, then the local 86.1 government unit or group of units must adopt each definition used in the special law 86.2 as follows: IIPAJE 86.3 (1) the definition must be identical to the definition found in chapter 297A or in 86.4 Minnesota Rules, chapter 8130, or 86.5 (2) if the specific term is not defined either in chapter 297A or in Minnesota Rules, 86.6 chapter 8130, then the definition must be consistent with the position of the Department of 86.7 Revenue as to the extent of the tax base. 86.8 (b) This subdivision does not apply to terms that are defined by the authorizing 86.9 special law. 86.10 Subd. 2. Application. This section applies to a special law that is described in 86.11 subdivision 1 that was: 86.12 (1) originally enacted prior to 2010, and that was amended by special law in or after 86.13 2010, to extend the time for imposing the tax or to modify the tax base, or 86.14 (2) first enacted in or after 2010. 86.15 EFFECTIVE DATE. This section is effective the day following final enactment. Local Sales Tax Provisions The following cities have amendments made to their lodging, food, or beverage taxes: • Rochester: Allows the city of Rochester to issue up to $43.5 million in general obligation bonds to pay for the Mayo Civic Center Complex project, to be funded by their lodging tax and the city's food and beverage tax. The city does not have to hold an election to issue the bonds. • Detroit Lakes: Allows the city to impose up to a one percent food and beverage tax on sales at restaurants and places of refreshment. The tax must be approved at a general or special election held within two years of enactment. The proceeds of the taxes will go towards four projects: (1) control of flowering rush infestation; (2) construction and improvement of bike trails; (3) parking improvements for public facilities; and (4) redevelopment of the area returned to the city as part of the Highway 10 realignment. • Marshall: Allows the city to impose a 1.5 percent local lodging tax without a referendum within a city - defined tax district. It also allows the city of Marshall to impose up to a 1.5 percent food and beverage tax in the city, provided it is approved at a general or special election within two years. Revenues must be used for operating costs of the Minnesota Emergency Response and Industry Training Center and the Southwest Minnesota Regional Amateur Sports Center. • Giants Ridge Recreation Area: Allows the city of Biwabik, with the approval of the Iron Range Resources & Rehabilitation Board (IRRRB), to impose up to a five percent lodging tax in the Giants Ridge Recreation Area; IiZIE up to a five percent tax on admissions to entertainment and recreational facilities in the Giants Ridge Recreation Area; and up to one percent on restaurant food and beverage sales in the Giants Ridge Recreation Area. The section requires the proceeds of any of the taxes imposed to be deposited in the IRRRB account enterprise fund. The IRRRB shall spend the money for construction, improvement, and maintenance of public facilities located in the Giants Ridge Recreation area. Debt Authorization for Transit This language authorizes the Metropolitan Council to issue up to $34.6 million in debt for the council's transit capital improvement program (e.g., buses, rail transit, and related real property improvements). This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. TIF: Special Rules The following cities have amendments made to their TIF Districts: • Landfall: Extends the five -year rule for a TIF district in the city of Landfall Village from a five -year period to eight years. • Ramsey: Authorizes the city of Ramsey to establish a TIF district under special rules to help finance a transit station on the Northstar commuter rail line and related infrastructure. This district must be established within a geographic area defined in the bill. It could include parcels from an existing TIF district, if that district is decertified. • Wayzata: Allows the city of Wayzata to delay receipt of increment for Redevelopment TIF District No. 5 by up to six years. This section also extends the five -year rule for the district to ten years, and deems parcels in redevelopment TIF district No. 5 to meet the blight test for a redevelopment district, if the city or a developer demolished a building on the parcel that it found to be structurally substandard and the city decertifies district No. 5. This allows the city to decertify the district and create a new redevelopment district with a new 25 -year duration limit. -25- SDecial Levies Clarification This language clarifies that the existing limitations on special levies for certificates of indebtedness do not apply to the new special levy authority for repaying emergency debt certificates issued to cover unallotments. It also clarifies the new special levy for unallotments by limiting them to the amount of the unallotment that occurs in the year the levy is paid. The only time the special levy may be used in the next year is if the unallotment amount was not known by September 1, and the local government did not do a late levy adjustment in January of the year the levy is paid. PCODerty Tax Levv Limit Calculation This language clarifies that certified aid amounts, rather than aids after unallotments, are used in computing the unit's levy limit. This ensures that unallotments do not have a "double counting impact" by increasing the local unit's limited levy authority. A local government must instead levy for aid and credit reimbursement losses due to unallotments through the use of special levy authority. 128.5 Sec. 12. Minnesota Statutes 2008, section 275.71, subdivision 5, is amended to read: 128.6 Subd. 5. Property tax levy limit. ((For taxes levied in 2008 through 2010, the 128.7 property tax levy limit for a local governmental unit is equal to its adjusted levy limit 128.8 base determined under subdivision 4 plus any additional levy authorized under section 128.9 275.73 , which is levied against net tax capacity, reduced by the sum of (i) the total amount 128.10 of aids and reimbursements that the local governmental unit is certified to receive under 128.11 sections 477A.0I I to 477A.014, (ii) taconite aids under sections 298.28 and 298.282 128.12 including any aid which was required to be placed in a special fund for expenditure in 128.13 the next succeeding year, (iii) estimated payments to the local governmental unit under 128.14 section 272.029, adjusted for any error in estimation in the preceding year, and (iv) aids 128.15 under section 477A.16. 128.16 (b) If an aid, payment, or other amount used in paragraph (a) to reduce a local 128.17 government unit's levy limit is reduced by an unallotment under section 16A.152, the 128.18 amount of the aid, payment, or other amount prior to the unallotment is used in the 128.19 computations in paragraph (a). In order for a local government unit to levy outside of its 128.20 limit to offset the reduction in revenues attributable to an unallotment, it must do so under, 128.21 and to the extent authorized by, a special levy authorization. 128.22 EFFECTIVE DATE. This section is effective retroactively for taxes payable in 128.23 2010 and thereafter. -26- Requirements for New or Renewed Tax Expenditures This section requires bills that create or renew tax expenditures contain a statement of intent and a standard for measuring whether the intent is met. Tax Expenditure Review Report This requires the Department of Revenue to report to the legislature by February 15, 2011, suggesting a process for periodic review and sunset or extension of tax expenditures. 153.29 Sec. 5. TAX EXPENDITURE REVIEW REPORT. 153.30 Subdivision 1. Report to the leiislature. By February 15, 2011, the commissioner 153.31 of revenue shall provide a report to the chairs and ranking minority members of the house 153.32 of representatives and senate tax committees with jurisdiction over taxes sug eg sting a 153.33 process for the periodic review and sunset or extension of tax expenditures on an ongoing 153.34 basis. 154.1 Subd. 2. Contents of the report. (a) The report shall include the following 154.2 information for every tax, as defined in Minnesota Statutes, section 270C.11, subdivision 6: 154.3 (1) a definition of the tax base for the tax; 154.4 (2) a definition of a tax expenditure for each tax, and 154.5 (3) a list of existing_ provisions in law that meet the definition of tax expenditure for 154.6 each tax. 154.7 (b) The report shall include a suggested list of information, currently not included in 154.8 the tax expenditure budget under Minnesota Statutes, section 270C.11, needed to allow 154.9 evaluation of the effectiveness of new and existing tax expenditures in meeting not only 154.10 the stated goal of the tax expenditure but also the general tax principles of- 154.11 (1) transparency and understandability; 154.12 (2) simplicity and efficiency, 154.13 3 e ul 154.14 (4) stabili , and predictability; 154.15 (5) compliance and accountability; 154.16 (6) national and global competitiveness, and. 154.17 (7) conformity of the expenditure with corresponding federal taxes and multistate 154.18 agreements. 154.19 (c ) The report shall also include recommendations on specific procedures for 154.20 periodic review of tax expenditures, including the need for additional reports, study or -27- 154.21 oversight groups, and fiscal or other resources, and a suggested timetable for systematic 154.22 review of the tax expenditures in the various tax areas. 154.23 EFFECTIVE DATE. This section is effective the day following final enactment. IWOO Interest Rates on Eminent Domain Judgments S.F. 2722 Senator Rod Skoe, Representative Paul Marquart Last year's omnibus public safety finance law inadvertently increased the interest rate for tax appeals and eminent domain judgments when money is owed to the state or local governments. The new law adds clarifying language, stating judgments for or against the state or a political subdivision, including cities, counties and school districts, revert back to the simple interest plus annum law (approximately 4 %) regardless of the amount. Eminent Domain Modifications H.F. 3336 Representative Steve Simon, Senator Sandy Pappas The new law states that if a governing body determines that land it acquired through eminent domain for public use is no longer needed, it must offer to sell the land back to the owner from whom it was acquired at the lower of the condemnation price or the fair market value. This language will put Minnesota in compliance with federal law when dealing with excess property disposition in the transportation area. Eminent Domain Practices H.F. 1182 Representative David Bly, Senator Kevin Dahle Under this new law, utilities are no longer shielded from paying for property owners' attorney and appraisal fees in eminent domain cases when acquiring property for the construction of a high- voltage transmission line of 100 kilovolts or more. It also allows the property owners to recover damages for loss of income if the transmission line disrupts their business. Besides high - voltage transmission lines, the law applies to property acquired for substations or a natural gas, petroleum, or petroleum products pipeline, compressor or pumping stations. -29- Streamlining Data Practices Administrative Process H.F. 2899 Representative Gene Pelowski, Senator Don Betzold The new law would accelerate the process of filing data practices complaints with the Office of Administrative Hearings. The complaint (along with a $1,000 filing fee) must be filed within two years after the occurrence of the act or failure to act that is the subject of the complaint. If the government entity concealed information and the act wasn't known about within the two - year period, the complaint must be filed within one year after the concealment is discovered. • hearing, if needed, must occur within 30 business days of the involved parties being notified. • judge must: dismiss the complaint; find that an act or failure to act constituted a violation; impose a civil penalty against the respondent of up to $300; issue an order to comply with the law violated; or refer the complaint for consideration of criminal charges. A complainant who "substantially" prevails would be awarded attorney fees up to $5,000 and refunded the $1,000 filing fee minus $50. The law takes effect July 1, 2010. -30- Ewleflghter Definition Revision S.F. 2267 Senator Ann Rest, Representative Joe Atkins A 2009 law required that full -time firefighters be licensed, but a technical change was needed to properly define a firefighter. S.F. 2267 states that a full -time firefighter is charged with the "prevention and suppression" of fires, so as not to apply the licensure requirement on fire personnel. The new language in law also states that a firefighter is "directly engaged in the hazards of firefighting or is in charge of a designated fire company or companies that are directly engaged in the hazards of firefighting." Firefhter Solicitations H.F. 3017 Representative Joe Atkins, Senator Ann Rest This law would permit a municipality to adopt a resolution allowing fulltime firefighters while on duty, or volunteer firefighters while off duty, to solicit charitable contributions from motorists. Solicitations must meet the following conditions: • It is only for one charitable organization annually, and that organization is qualified under section 501 (c)(3) of the Internal Revenue Code and is registered as a charity under state law; • It does not occur for more than three days, whether or not consecutively, in any calendar year; and • The charitable organization provides to the municipality proof of commercial general liability insurance against claims for bodily injury and property damage, should they occur on public streets or as a result of the solicitor's activities. The insurance must have a limit of no less than $1,500,000 per occurrence. Firefighter Background Checks S.F. 2363 Senator Don Betzold, Representative John Lesch -31- Fire departments will be permitted to run criminal background checks on current employees no more than once per year. 1.5 Section 1. Minnesota Statutes 2008, section 299F.035, is amended to read: 1.6 299F.035 FIRE DEPARTMENT USE OF CRIMINAL HISTORY DATA. 1.7 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 1.a section. 1.9 (b) "Criminal history data" has the meaning given in section 13.87. 1.10 (c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision 1.11 2. 1.12 (d) "Fire department" has the meaning given in section 299F-.092, subdivision 6 1.13 299N.01, subdivision 2. 1.14 (e) "Private data" has the meaning given in section 13.02, subdivision 12. 1.15 Subd. 2. Plan for access to data. (a) The superintendent of the Bureau of Criminal 1.16 Apprehension, in consultation with the state fire marshal, shall develop and implement a 1.17 plan for fire departments to have access to criminal history data. 1. is (b) The plan must include: 1.19 (1) security procedures to prevent unauthorized use or disclosure of private data; and 1.20 (2) a procedure for the hiring or employing_authority in each fire preteetiea -aged 1.21 department to fingerprint job applicants or employees, submit requests to the Bureau 1.22 of Criminal Apprehension, and obtain state and federal criminal history data reports 1.23 fora nominal fee. 2.1 Subd. 3. Relation of conviction to fire protection. Criminal history data may be 2.2 used in assessing fire preteetien agency department job applicants or employees only if 2.3 the criminal history data are directly related to the position of employment sought or 2.4 currently held. 2.5 Subd. 4. Determination of relationship. In determining if criminal history data are 2.6 directly related to the position of employment seu&, the hiring or employing authority 2.7 may consider: 2.8 (1) the nature and seriousness of the criminal history data on the job applicant or 2.9 employee; 2.10 (2) the relationship of the criminal history data to the purposes of regulating the 2.11 position of employment sea&; and 2.12 (3) the relationship of the criminal history data to the ability, capacity, and fitness 2.13 required to perform the duties and discharge the responsibilities of the position of -32- 2.14 employment seu&. 2.15 Subd. 5. Uniformity of application; frequency. Afire department hiring or 2.16 employing authority that obtains access to criminal history data under this section must 2.17 use uniform access procedures that apply to all applicants or employees. With respect to 2.19 current employees, a hiring g_ r employing authority may request private data only if 2.19 least one year has elapsed since access to the data was previously requested. Construction Codes and Licensing H.F. 3048 Representative Kim Norton, Senator Kathy Saltzman The new law makes technical and clarifying changes to the state's construction code and licensing statutes, which were originally brought forward by the Department of Labor & Industry. Some of these changes include: • Clarifying that people may receive state agency rulemaking notices either electronically or by regular mail; • Modifying statutes dealing with apprenticeship training to conform to changes in federal law; • Deleting outdated statutory language; • Removing a requirement that hard copies of construction code and licensing rulemaking changes be filed with the Office of the Secretary of State; • Clarifying that municipalities that fail to comply with reporting requirements on the collection of development- related fees are subject to enforcement actions; • Clarifying that DOLI may not pay compensation from the contractor recovery fund in an amount greater than $75,000 per licensee; • Clarifying requirements for having an application for compensation from the contractor recovery fund verified; and • Changing from 30 days to 45 days the time in which an administrative hearing must be conducted unless the parties agree to a later date, and requiring that notice be given at least 15 days before the hearing. -33- City Council Membership H.F. 3350 Representative Steve Smith, Senator Gen Olson This new law would prohibit full -time, permanent city employees from serving as mayor or on the city council. This issue was brought forward from a couple cities that had councilmembers run into "conflicts of interest," such as votes on union salary negotiations. This provision will be in effect for elections help or appointments made on or after August 1, 2010. References to Meeting Minutes Updated S.F. 3167 Senator Tony Lourey, Representative Jeanne Poppe Outdated references to how town hall meeting minutes are signed will be removed from statute. The law allows the town clerk and a meeting moderator to sign meeting minutes. If the town clerk is the moderator, the minutes will also have to be signed by a supervisor in attendance. This law is effective August 1, 2010. Local Fiscal Impact Notes Request S.F. 3325 Senator Ron Latz, Representative Steve Simon To help recognize the cost of policy to local units of government, this new law will allow the chairs and ranking minority members of the Finance and Ways & Means Committees to request local fiscal impact notes. Prior to the passage of this bill, local impact notes could only be requested by the Tax Committees. Sewer Fees to Fund Wastewater Reserve Capacity Fund H.F. 2949 Representative Paul Gardner, Senator Ann Rest Due to the stagnant economy and slow construction starts, the Metropolitan Council's wastewater reserve capacity fund, normally funded by sewer availability charges (SAC) assessed on new commercial or residential development, is running low. The new law authorizes the Met Council, if necessary, to temporarily change its source for revenue to cover debt service payments from the wastewater reserve capacity transfer to regular sewer fees charged to local IBYE governments in the seven - county Twin Cities metropolitan area served by the council. Local governments could then assess consumers to cover the increase. That cost per household is estimated at no more than $1.20 per month. The law takes effect April 2, 2010, and expires Dec. 31, 2015. Ewanding Securities Lending Options H.F. 3065 Representative Steve Simon, Senator Linda Scheid This law will allow cities to do business with qualifying financial institutions that have an office located in the state, and can both broker investments and hold them for safekeeping. This expands previous law requiring cities to do business with a Minnesota -based lender (recently limiting lender options to only U.S. Bank). Modifying Watershed Plan Provisions H.F. 3067 Representative Rick Hansen, Senator Sandy Rummel This law modifies provisions related to the review of draft watershed management plans required of watershed management organizations. The law amends the current timeframe to respond to concerns expressed by the review agencies from 30 days to "at least ten days before the public hearing." Public hearings must be held on the draft plan no sooner than 14 days after the review period (formerly 30 days and no later than 45). The draft plan, written comments, and all related records shall be submitted to the Met Council, the state review agencies, and the Board of Water and Soil Resources for final review. Probationary Periods for Peace Officers S.F.2309 Senator Ann Rest, Representative Sandy Peterson This law extends the probationary period for peace officers governed by section 44.10 to a 12- month period. Currently, there are only two cities in Minnesota that are still governed by chapter 44.10 (which allows for a six -month probationary period). This law would bring the probationary period for these municipalities in line with all the other police departments in the state. 3911E Municipal Enforcement of State Building Code S.F. 2759 Senator Dan Sparks, Representative Tim Mahoney This new law makes an important clarification that while the State Building Code supersedes , local ordinances, municipalities can enact and enforce local property maintenance ordinances in order to keep buildings "in a safe and sanitary condition or in good repair." However, those local codes may not exceed standards on which the structure was built, remodeled or added to "unless specific retroactive provisions for existing buildings have been adopted as part of the State Building Code." The legislation was introduced after a Supreme Court Ruling in 2008 called local building code enforcement into question if they differed from those contained in the state building code. Shared Service Delivery Options Multiple bills were passed this session that authorize newly- created commissions to study the cost - benefit of increasing collaboration in government. Collaborative Governance Council S.F. 2511 (Senator Rest, Representative Swails) The Collaborative Governance Council shall develop recommendations to the governor and the legislature to increase collaboration in government, including strategies, policies and other related actions. The council shall convene its first meeting by July 31, 2010 and make recommendations by February 1 of each year until 2015. Minnesota Innovation and Research Council H.F. 2227 (Representative Marquart, Senator Metzen) Three councils are created under this legislation — the Commission on Service Innovation, the Minnovation Council, and the Task Force for Policy Innovation and Research. Each council is designated to assist the legislature to develop a strategic plan to reengineer the delivery of state of local government services. In addition, the Minnovation Council is authorized to accept and review applications from local governments for waivers of administrative rules and shared services grants. -36- State Government Omnibus Bill S.F. 3134 (Senator Betzold, Representative Kahn) Article 2 of the State Government Omnibus bill establishes the Commission on Service Innovation. Originally carried by Representative Downey and Senator Bonoff, the commission shall provide the legislature with a plan to reform the delivery of government services, including using new technologies, shared facilities, and other means of improving efficiency. Also included in S.F. 3134 is a small provision allowing the commissioner to make grants available to counties, cities and school districts to acquire, construct, or renovate public land and buildings for cooperative facilities. The grants must be within the limits of available appropriations. -37- Omnibus Liquor Bill S.F. 2808 Senator Linda Scheid, Representative Joe Atkins The Omnibus Liquor Bill allows liquor licenses to be issued at the Museum of Russian Art, the University of St. Thomas Minneapolis campus, the Bemidji Regional event center and Bemidji State University. S.F. 2808 also redefines a "tasting" to include wine, malt liquor and spirits. The bill also allows the State Fair to issue licenses to concessionaires to sell beer (previously, Ramsey County issued the licenses). It specifies that the fair can issue licenses for vendors to sell wine by the glass at the fair, as long as it's produced in Minnesota. An amendment, offered by Representative Kahn, which would have allowed the sale of liquor on Sundays, did not get adopted. Telecommunications Bill S.F. 2616 Senator Kathy Sheran, Representative Al Juhnke A section in the telecommunications bill clarifies that cities have discretion to grant a competitive cable franchise to a telephone company to provide cable TV to customers in an area that is the same as the territory in which the company already offers local exchange phone service —even if that phone service territory covers less than the entire city. -38- Omnibus Pensions Bill S.F. 2918 Senator Don Betzold, Representative Mary Murphy The Pensions Bill contains sustainability provisions for the Public Employees Retirement Association (PERA), the Minnesota State Retirement System (MSRS), the Teachers Retirement Association (TRA), the Duluth Teachers. Retirement Fund Association (DTRFA), and the St. Paul Teachers Retirement Fund Association (SPTRFA). The changes to benefit reductions and contribution increases were all formulated and recommended by the retirement associations' governing boards, and were assembled by the Legislative Commission on Pensions and Retirement. The summary of the Omnibus Pensions Bill conference committee report (as it was presented to the Governor) is included in the appendix. PERA Provisions The PERA sustainability provisions include a contribution increase for employees in the General Plan of 0.25 percent from the employer and 0.25 percent from the employee effective on Jan. 1, 2011. A reduction is made in the annual pension benefit adjustment to General Plan retirees from 2.5 percent to 1. For the PERA Police and Fire Plan, the new law includes a contribution increase of 0.3 percent from the employer and 0.2 percent from the employee, effective on Jan. 1, 2011. The annual pension benefit adjustment is limited to 1 percent for two years, and then it is adjusted according to the consumer price index (with a limit of no more than 1.5 percent per year). The pension vesting requirement in the PERA General Plan is increased from three years to five, and the vesting requirement in the PERA Police and Fire Plan is increased to from three years to 10 years (in a phased -in schedule). Other changes in the PERA recommendations would decrease interest paid to certain employees who leave public service and either withdraw contributions or leave funds in the pension system. -39- MERF Consolidation with PERA Articles 11 -12 provide for an administrative consolidation of the Minneapolis Employees Retirement Fund (MERF) into the PERA General Plan, effective June 30, 2010. The administrative consolidation will not impact the funding of the PERA General Plan, and the financial obligations of the MERF plan would be covered largely through increased contributions from Minneapolis, other employers with MERF participants, and the state. The report includes an annual state contribution increase of $13.75 million for FY 2012 and 2013. Beginning in FY 2014, the state contribution would increase to $15 million. From then on, the state contribution to MERF would be fixed, and any additional needed future contribution increase would be. borne by the employers. Volunteer Firefighter Retirement Plan The provisions in the Statewide Volunteer Firefighter Plan were developed by an advisory committee made up of fire officials, local government representatives, and PERA staff. The group met during the interim to implement and refine legislation passed during the 2009 legislative session. The legislation created the Statewide Volunteer Firefighter Retirement Plan, a plan available to local units of government on a voluntary basis. The plan will provide more flexibility and choices by allowing for more service pension levels. The proposal would eliminate the $750 service pension level and add five new service pension levels: $600, $700, $800, $900, and $1,250. The changes are expected to make the statewide plan more attractive for small fire relief associations. A grandparent clause for any fire department that recently selected the eliminated $750 service pension level is included in the language. Defined Contribution Feasibility Study The new law requires the executive directors of MSRS, PERA, and TRA to study defined contribution retirement coverage for Minnesota public employees, and other alternatives to the current defined benefit plans. A report to the Legislative Commission on Pensions and Retirement is due by June 1, 2011. BIZ State Primary Election Date Change S.F. 2251 Senator Terri Bonoff, Representative Steve Simon The new law moves the state primary from September to the second Tuesday in August in order to meet a federal mandate. Passed in October 2009, the federal Military and Overseas Voter Empowerment Act requires at least a 45 -day period for absentee ballots to be returned and counted for primaries and elections. The law also moved city primaries in state general election years to the same day: This year, both state and city primary elections will be held on Tuesday, Aug. 10. City Precinct and Ward Boundaries H.F. 653 Representative Phyllis Kahn; Senator Sandy Pappas Under the new law, cities that elect council members by wards can reestablish boundaries in a year ending in "1," regardless if legislative redistricting has been completed. For cities with wards that hold odd -year elections, ward redistricting must be completed at least 14 days before the opening of the filing period for candidates for city elective office. Once the Legislature has redistricted, no modification in ward boundaries modification may result in an increase or decrease in ward population of more than 5 percent. The law provides for a review of new ward boundaries (established in a year ending in "1 ") by voter petition, and it allows precinct boundaries to be modified in keeping with the ward redistricting procedures following the federal decennial census. Precinct boundary changes must be adopted at least 10 weeks prior to the next election and are not final until such changes have been publicly posted for at least 56 days (rather than the current 60 -day period for posting). Precinct boundaries may not be changed after June 1 during a year when the state general election is held if the changes would affect a state primary or general election held in the city that year. New ward boundaries adopted in a year ending in 1 will take effect on the date of the city primary election held that year. Otherwise, new ward boundaries will take effect on the date of the state primary in a year ending in 2 following the federal decennial census. IEAllE Transportation Policy Omnibus Bill S.F. 2540 Senator Steve Murphy, Representative Frank Hornstein Complete Streets Policy "Complete Streets" is defined as the planning, scoping, design, implementation, operation, and maintenance of roads in order to address the safety and accessibility needs of users. The commissioner of MnDOT is required to implement a complete streets policy after consulting with stakeholders, and report on the progress in the agency's biennial budget submission beginning in 2011. Complete streets is encouraged, but not required to be adopted by local road authorities. Snow Removal in Uncompleted Subdivisions H.F. 2231 Representative Mike Nelson, Senator Ken Kelash Local road authorities would be authorized to remove snow from a private road if a developer has failed to maintain the road. The local road authority would be required to adopt an annual resolution finding that the developer has failed to maintain the road due to insolvency or pending foreclosure. The city or local government may impose a reasonable and proportionate charge on all properties within the subdivision for the plowing services provided. Office of the Legislative Auditor (OLA) Study: Governance of Transit Systems One of the OLA's evaluation topics for 2010 is studying the governance of Minnesota's transit systems. This study will begin in July, and the report is scheduled to be complete by January 2011. The Legislative Auditor held a roundtable discussion on April 20 to help clarify the focus of the audit. It was determined the OLA will study the problems Minnesota is currently facing within our transit structure, rather than the future of our transit needs. Materials from this roundtable discussion are included in the appendix. -42- MVHC Formula Reform H.F. 3632 Representative Bev Scalze Under H.F. 3632, the formula would be modified to reduce the maximum refund cap and phase- out the credit more quickly than current law. Most homes would see a credit reduction between $25 and $50. Reducing the formula would help create more realistic expectations between the state and local government. H.F. 3632 was heard in the House Property Tax Division, but was not included in the final Property Tax Division Report. Materials put together for the hearing on H.F. 3632 are included in the appendix. VM Reductions H.F. 3689 Representative Torrey Westrom H.F. 3689 reduces the maximum household income eligibility for a refund from $99,270 to $58,500, and decreases the property tax refund cap from $2,370 to $2,000. This legislation was also heard in the House Property Tax Division, but was not included in the final Division Report. A summary of the bill that was provided at the hearing is included in the appendix. MonitorinL Air Quality in Iee Arenas H.F. 3512/S.F. 3175 Representative Rick Hansen, Senator Ellen Anderson This idea was brought to the Legislature by a figure skating coach and a few hockey parents, who had concerns over the carbon monoxide and nitrogen dioxide levels inside indoor ice arenas. Combined with a reported incident of carbon monoxide poisoning during a hockey -43- tournament, H.F. 3512/S.F. 3175 was introduced to require all indoor ice arenas comply with new air quality standards and install continuous air monitoring devices connected to an alarm and the ventilation system. The bill's policy was overreaching and costly to cities and school districts. The Ice Arena Managers Association and the Amateur Sports Commission also had significant concerns with the bill's implications that all indoor ice arenas were "hazardous" to the public. Finally, the Department of Health said they couldn't afford to enact the required enforcement and reporting provisions in the bill as introduced (especially when the Department was already facing major budget cuts). The authors of the bill worked with stakeholders throughout the session and attempted to reach a compromise. The Senate focused their version of the bill to only include ice arenas with repeated violations of air quality standards. The House attempted to reduce the fiscal impact by pushing the requirements out to 2015. Both bills adopted language that would have exempted indoor ice arenas with all- electric equipment — an amendment that was brought forward by the MLC. The Senate bill was never voted out of the Finance Committee. The House bill made it to the floor during the final week of session, but only after the language was stripped down to just modifying the criteria for Mighty Ducks Grants, and rulemaking guidance for the Department. H.F. 3512 never received a floor vote. A letter from the MLC opposing this legislation is included in the appendix. Real Estate Forfeiture Initiative S.F. 3308/H.F. 371.7 Senator Sandy Pappas, Representative Joe Atkins This was a joint effort between MLC and the League of MN Cities to reprioritize the outdated hierarchy of allocating forfeited property proceeds to allow for municipal recovery of unpaid utility charges, building or development fees, or other special assessments. Legislation was introduced that would have added special assessment charges not yet paid to the sale of the forfeited property. The legislation removed the authority of the County to determine the value of the parcel, which brought concern from all county organizations. After convening two stakeholder meetings, it was determined that additional information was needed to understand current statewide practice. MLC and LMC surveyed member cities and found significant variance in application of the statute and knowledge of the process implemented in their jurisdiction (survey results are included in the appendix). A larger stakeholder group has been identified to meet and do additional investigation and surveying during the interim to better determine the appropriate legislative fix. -44- Volunteer Firefighter Relief Assn. Amortization Change S.F. 2812/H.F. 3280 Senator Don Betzold, Representative Mary Murphy This was a joint legislative effort between MLC and the League to provide greater flexibility for local governments to more accurately measure pension fund unfunded liabilities, thereby requiring only city contributions that reflect updated fund liabilities. Legislation was authored by the Chair of the Pension Commission, Sen. Don Betzold, and Vice Chair, Rep. Mary Murphy, which would allow for lump sum volunteer fire relief associations to calculate their unfunded liability at an alternate date specified by the applicable municipality between January 1, and August l; and changed the lump sum volunteer fire relief association ten -year amortization period (i.e. one -tenth of the relief association's unfunded actuarial accrued liability) to a rolling ten -year period that is reset every year. The legislation had a retroactive effective date to cover the funding requirement determinations made in calendar years 2009 /2010. Because the Pension Commission held extensive interim hearings on pension matters, and strongly encouraged all legislation to be presented to the commission prior to session; coupled with the tight deadline for the pension bill, the commission did not.have time or staff resources to address this bill this session. The State Auditors workgroup reviewed this initiative and did not oppose it. Modifying Unallotment Authority H.F. 2866/S.F. 2566 Representative Lyndon Carlson, Senator Richard Cohen This bill. would have amended the statute granting the executive the power to unallot. The language would have limited the sum of reductions to general fund allotments during a biennium to no more than 2 percent of the total general fund appropriations. It would also prohibit a program from being eliminated, and would include deferrals or suspensions of payments beyond the biennium. The House debated and passed H.F. 2866, but the Senate did not take a vote on the bill. Mandatory Sick Leave H.F. 612/S.F. 461 and H.F. 2959/S.F. 2553 Representative John Lesch, Senator Ellen Anderson Two bills were introduced during the 2009 and 2010 biennium that would have greatly expanded sick leave benefits, creating an additional unfunded mandate on cities. Fortunately, both bills failed to meet policy deadlines. -45- H.F. 612 /S.F. 461 was first introduced during the 2009 Legislative Session. It would require employers who employ 10 or more persons to provide a minimum of one hour of paid sick leave for every 30 hours worked, up to 72 hours per calendar year. The sick leave would begin to accrue with the commencement of a person's employment, and the uses of sick leave would be expanded to caring for immediate and extended family members. H.F. 2959/S.F. 2553 was introduced at the start of the 2010 Legislative Session, dubbed as the "Emergency Public Health Protection Act." The language was similar to the 2009 bill, only it specified the use of sick leave toward contagious illnesses that would jeopardize the health of, other employees, and had a sunset provision of two years after the effective date (this language likely resulted from the late -2009 outbreak of the H IN 1 virus). The 2010 bill did not receive a hearing in either the Senate or House. The 2009 House bill (H.F. 612) was passed out of the Commerce Committee to the House Floor both in 2009 and 2010, but a full vote was never taken. The letters from MLC opposing these bills are included in the appendix. Open Meeting Law Changes S.F. 25181H.F. 2958 Senator Ann Rest, Representative Gene Pelowski This legislation would have made significant changes to the Open Meeting Law by including "a meeting of a public body" under its definition. This would require volunteer advisory groups to formal councils and boards to be subject to Open Meeting Law regulations. The League of MN Cities and the MN Inter- County Association both testified, saying the changes weren't practical. The House bill never left the Rules Committee, and the Senate bill did not receive a vote on the Senate Floor. Other bills that were either voted down, were not voted on prior to adjournment, or failed to meet deadlines include the following: • . Civil immunity to municipalities that donate public safety equipment • Fees and expenses awarded to prevailing parties in certain actions involving municipalities • Requiring picture ID before receiving ballots • Public employees insurance program -46- • Buckthorn control ordinances • Tort claims liability limits for local governments restoration • External defibrillator inclusion in state building code • Adjustment in continuation health insurance premiums for disabled retired local government employees • Urban or suburban defined in character for the purpose of annexation • City payments to towns following annexation • Moratorium on unfunded mandates on local government • Subdivision development contracts regulated • Municipalities required to charge lowest residential water and sewer rates, in manufactured home parks • Special duty of care requirement for municipal building inspectors and local subsurface sewage treatment system inspectors • Dependent definition modified for purposes of group benefits for local government officers and employees • Public water suppliers required to establish enterprise accounts in order to be eligible for grants administered by the Public Facilities Authority. • Wastewater treatment facilities required to recover the costs of providing services • Employment discrimination due to credit history prohibition • State and local government financing; sales tax on clothing • Expanding members of LGA study group • Separate statements of special taxing district levies • Property tax valuation exclusion for homestead property improvements authorization modification • Sales tax exemption for public water purchases used for fire protection • Moratorium on electronic advertising devices • Metropolitan Council oversight transferred to the legislature -47- Every year, the MLC mayors meet with Governor Pawlenty during the legislative session to discuss the MLC's session priorities. This year, that meeting took place on April 14 in the Governor's reception room. From left to right: Mayor Phil Young. Mayor Jim Hovland, Mayor Gene Winstead Governor Tim Pawlenty Mayor George Tourville, Mayor Sandy Martin, Mayor Bill Hargis, and Mayor Kelli Slavik. This year's conversation focused on the initiatives MLC was supporting in 2010 (MVHC reform, a fiscal disparities study, and maintaining the circuit breaker program), as well as some areas of concern (indoor ice arenas legislation, mandatory paid sick leave, and the line -item veto of transit funding). Governor Pawlenty began the meeting by explaining the state of the short-term budget deficit. At the time of the meeting, the Legislature was still waiting on approximately $4 million in federal dollars to help mitigate the cuts still needed in K -12 Education and Health & Human Services. The Governor was uncertain if the funds would come in time for the session's -48- constitutional adjournment. Also pending at the time of the meeting was the State Supreme Court's ruling on the unallotment lawsuit. Governor Pawlenty said a ruling against the unallotments could potentially increase the short-term deficit from $5 million to $2.5 billion. After the budget discussion, the conversation shifted to the MLC's legislative program. On top of finding ways to reduce state spending, the mayors stressed the importance of maintaining transparency and accountability between the state, local government and the taxpayers. To help accomplish this goal, the MLC was supporting a reform of the MVHC formula, studying the efficacy of the 40- year -old fiscal disparities program, and continuing to target property tax relief to the individuals in greatest need through the circuit breaker program. Governor Pawlenty indicated his strong support for studying fiscal disparities, saying it deserved a "fresh look." He also conceptually agreed with the idea of reforming MVHC, as well as maintaining the current funding level in the circuit breaker program. He added that the circuit breaker was a "great program," and the Voss Database findings further support why it needs to be preserved. Issues of concern for MLC in 2010 included air quality monitoring in all indoor ice arenas, providing mandatory paid sick leave for employees, and the cuts to transit projects that were made in the bonding bill. Governor Pawlenty said he didn't support the mandatory sick leave legislation, and was pretty certain it would not move any further this year. On the ice arenas bill, he expressed his hope that a reasonable compromise could be reached between cities, school districts, ice arena managers and the public. Finally, with regards to the few MLC transit projects that were line -item vetoed in the first bonding bill (Cedar Ave. BRT, Southwest Corridor, and Woodbury Park & Ride), the governor was in talks with Rep. Hausman and Sen. Langseth to work on a second bonding bill to address these projects. He added that he likes the transit projects in MLC cities, but that he was forced to veto the entire transit package because the bonding bill did not itemize each project. This meeting marks the last sit -down the MLC mayors will have with Governor Pawlenty (he is not running for re- election in 2010). -49- -50- i' 1 Approved by the MLC Board of Directors on 01/04/2010 SUMMARY OF 2010 LEGISLATIVE PRIORITIES I. Promote Accountability in the State & Local Fiscal Relationship A. Eliminate MVHC program and convert proceeds directly to aid homeowners and to address the State deficit B. Study fiscal disparities program paid for by fiscal disparities pool C. Support sound LGA principles II. Invest in Job Retention and Growth A. Support highway and transit investments 1. State G.O. bonding investments in highway and transit projects that will help leverage job growth 2. Support public /private partnerships for interchange improvements 3. Authorize public /private partnerships for transit oriented development i. Authorize pilot project for funding Transit Improvement Areas B. Support funding to Department of Employment & Economic Development for job retention and growth C. Support Tax Increment Financing (TIF) district extensions III. Provide Practical Solutions to Mitigate "Great Recession" Impacts to Cities A. Allow cities to do a mid -year actuarial analysis for volunteer fire relief association's unfunded liabilities B. Reprioritize real estate forfeiture statute to. place higher priority on municipal recover of unpaid utility charges and building or development fees 2010 LEGISLATIVE INITIATIVES The Municipal Legislative Commission (MLC) has identified the following issue areas as priorities for the 2010 Legislative Session: I. Promote accountability in the state & local fiscal relationship II. Invest in job retention and growth III. Provide practical solutions to mitigate "Great Recession' impacts to cities I. Promote Accountability in the State & Local Fiscal Relationship A. Eliminate MVHC program and convert proceeds directly to aid homeowners and to address the State deficit Currently, the State spends almost $300 million reimbursing counties, cities and school districts for MVHC. Based on the $1.2 billion deficit being projected for FY 2010 -11, as well as the significant projected state budget deficit in FY 2012- 13, the MLC believes it would be prudent to take a serious look at whether the State can afford the MVHC program. Savings generated from eliminating this program could be used to help offset the State budget deficit, as well as to aid homeowners directly on providing property tax relief. The property tax refund program ( "circuit breaker ") could be enhanced by the savings generated from the MVHC program to provide relief to individuals who need it most (income tested) regardless of where they live. The MLC strongly recommends that the Legislature act this session (2010) to address the growing state deficit, as well as provide local governments with budget planning predictability. B. Study fiscal disparities program, paid for by fiscal disparities pool In 1971, the State of Minnesota instituted a program of commercial - industrial tax base sharing within the Twin Cities metropolitan area. The Twin Cities area fiscal disparities program shares 40 percent of the growth in the commercial - industrial property tax base of the seven county metro area. Many arguments used in support of the original fiscal disparities law in the early 1970s may no longer be valid. MLC cities ask the State to reexamine this program, specifically asking the following: • How has the program affected property tax disparities across the area? • Are the contribution and distribution formulas reasonable? • Does the program help promote orderly growth and sound land use? • What is the effect of the program on competition for commercial - industrial development between communities? • Do contributions to the pool prevent local governments from generating sufficient revenues from commercial - industrial development to cover the costs of providing services? • Should the pre-1971 commercial- industrial base continue to be excluded from the formula? • Could improvements be made in program administration? The MLC recommends using the fiscal disparities pool to fund the study of the program. C. Support sound principles on LGA The LGA program has undergone many changes since it was enacted in 1971. It has gone from a revenue sharing program to measuring inequities in city need and fiscal capacity. The measurements of "need" have also been revised to help reduce the stimulative effects of the aid program. Last year, the Legislature approved the formation of an LGA Study Group. The study group is charged to determine what the goals of the LGA program are, and whether or not the program,. in its current form, is meeting those goals. MLC cities do not receive LGA. However, our members believe the LGA program should adhere to the following principles: Equitable — an effective LGA formula should provide similar amounts of aid to similarly situated cities (minimize mechanisms such as "grandfathers" and minimum/maximum aid amounts). 2. Neutral — the LGA program should not encourage cities to spend more than it would otherwise need to for basic services. LGA should be based on factors outside of the individual city's control. 3. Simple and Understandable — attempting to address every unique and special problem with each of the 855 cities in Minnesota causes the LGA formula to be too complex. Factors used to determine aid should have general support and understanding from cities and their citizens. 4. Ability to Provide Adequate Revenue — an effective formula should grow with general city costs, stay relatively stable, and should be based on factors for which we have accurate information and whose values do not wildly fluctuate from year to year. II. Invest in Job Retention and Growth MLC cities are critical job producers for the region. In fact, our cities combined are among the biggest job producing areas in the state with over 503,000 employees (compared to Minneapolis /St. Paul with a combined total of 474,200 employees) l . Our Association believes that the State can play a critical role in keeping and growing jobs by making key investments, and by supporting and partnering with cities. A jobs focus will help cities promote a healthy business environment, which will keep and grow jobs here rather than having companies move to a more competitive state. A. Support highway and transit investments The MLC strongly encourages the State to support: 1. State General Obligation bonding investments in highway and transit projects that will help leverage job growth (i.e. local bridges, local roads with regional significance, Cedar Avenue BRT, Southwest Light Rail Transit... ). Note — a majority of highway projects are funded through Trunk Highway bonds as opposed to State G.O. bonds. 2. Public /private partnerships for interchange investments 3. Legislation that would authorize public /private partnerships for transit oriented development Implement a pilot project authorizing funding mechanisms for Transit Improvement Areas In 2008, DEED was authorized to establish Transit Improvement Areas. Transit Improvement Areas include parcels of land that are located in part within one -half mile of a transit station. This language was initiated by communities concerned about the lack of tools available to shape development around major transit stations. Although the language passed and was signed into law, there was no funding put into place to implement the new program. The MLC supports the implementation of a pilot project with the authorization of funding mechanisms, such as TIF, tax abatement, bonding and general fund appropriations for a revolving loan or grant program. B. Support funding to DEED for job retention and growth DEED has several funds that are used for grants and loans to retain high - quality jobs in Minnesota. The largest of these funds is the Minnesota Investment Fund, which focuses on industrial, manufacturing and technology- related industries to improve state and local economic vitality (i.e. Medtronic in 2001, Coloplast in 2006, and most recently Innovative Surfaces in 2009). Loans are paid back The Metropolitan Council, Metro Stats: Employment Summary, 2000 -2008, January 2009, <http:// www. metrocouncil .org/metroarea/Employment08.pdf> directly into the fund, making it nearly self - sufficient. In FY 2009, approximately $2 million was loaned out to qualifying businesses from the Minnesota Investment Fund. The Legislature has appropriated $1 - $4 million into the fund since its creation, but has also cut their investment when faced with a budget crisis. The MLC requests the State to maintain its commitment to job creation and retention by investing in DEED;" and not make" cuts to the -Minnesota 'Invesfinent Fund to balance the budget deficit. Doing so would send a strong message to the private sector that we want to retain their businesses, and would like their future expansion to occur in Minnesota. C. Support Tax Increment Financing (TIF) district extensions TIF remains one of the most viable tools available to fund community reinvestment efforts. Further restrictions of TIF would render the tool less effective and will likely curtail local efforts to support job creation. In light of the recent economic and development downturns, cities need greater flexibility to use TIF effectively to support the economic viability of their business and residential communities. 1. Allow term extensions for redevelopment districts Recent credit/development market conditions have caused unprecedented delays for some TIF projects. To help offset losses to local governments, the MLC would like to see the State allow term extensions for redevelopment districts which are taking longer to develop as a result of the current economic crisis. III. Provide Practical Solutions to Mitigate "Great Recession" Impacts to Cities A. Allow cities to do a mid -year actuarial analysis for volunteer fire relief association's unfunded liabilities Under current law, if a volunteer fire relief association has an unfunded actuarial liability, the city is required to address 1 /10`h of the shortfall in the following calendar year's budget. The actuarial study is required to be presented to the city council by August I" so the council can incorporate any additional levy into the next year's budget. The valuation of assets is calculated as of December 31" of the prior year. Many cities complain that on December 31", 2008, the fund was at a low point for valuation of fund investments, and did not accurately reflect the true condition of the fund throughout the year. The MLC supports legislation that would allow for a mid -year actuarial analysis, providing a more accurate picture of the fund's true unfunded liability. B. Reprioritize real estate forfeiture statute to place a higher priority on municipal recovery of unpaid utility charges and building or development fees Under current law, the net proceeds from the sale or rental of forfeited land must be apportioned as follows: 40% to the county, 40% to the school district, and 20% to the city or town. Based on the county- focused priority structure, cities are at times unable to recover unpaid taxes and utilities. The MLC supports changing the forfeiture statute (M.S. 282.08) to give the proceed distribution priority to a city's unpaid charges for electricity, water and sewer, as well as building and development fees, when the forfeited property is located within a city. The League of Minnesota Cities is also supportive of this change, and our organizations will be working together to implement this statutory change. MUNICIPAL GISLATIVE CLEOMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Shoreview, Woodbury• January 22, 2010 Senator Keith Langseth Capitol Building, Room 122 75 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, -MN 55155 Re: Support for Senator Bonofi's Bonding Proposal for Cooperative Facilities Grants Dear Senator Langseth: The Municipal Legislative Commission (MLC), a coalition of 14 suburban communities, writes to express our support for Senator Bonoff's proposal to authorize the issuance of bonds for the development of cooperative facilities. Our Association believes including this language in the bonding bill will help facilitate sharing services, leading to increased savings for cities, counties and school districts.. Local governments are facing significant fiscal challenges due to the recent downturn in the economy. However, our member cities are exploring ways of reducing expenditures without greatly impacting services to our residents. One of the ways local governments can improve service delivery, and save on operating costs, is through shared services. For example, the Dakota Communications Center (a partnering of 11 cities and Dakota County) is on track to provide a savings of over $8 million in operating costs over the first five years of its operation, while keeping resident satisfaction high. The proposal put forward by Senator Bonoff would help incentivize local governments to share services, and provide key funding for capital improvements on current multijurisdictional facilities. The South Metro Public Safety Training Facility, owned by Bloomington, Eden Prairie, Edina and the Metropolitan Airports Commission, is considering long -range improvements for expanded training (i.e. fire tower burners, additional classroom space, driving simulators...). These improvements would not only benefit the owner agencies, but also the numerous agencies that rent the facility for occasional use. Senator Bonoff's bonding proposal would be vital in providing additional State funds to help leverage the partners' investment. League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 Overall, the MLC strongly believes this will be the first step in helping our communities achieve long -term savings and budget goals. We appreciate your consideration in including this language in the 2010 bonding bill. - Sincerely, A Apz Mike Maguire Mayor of Eagan Chair, Municipal Legislative Commission C.c. Kathy Blair, Committee Administrator Senator Terri Bonoff Ifyou havefurther questions about the Municipal Legislative Commission, Visit our website at www.mlcmn.org MUNICIPAL LEGISLATIVE COMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Shoreview, Woodbury March 11, 2010 Representative Joe Atkins Chair, House Commerce and Labor Committee 503 State Office Building St. Paul, MN 55155 Re: Opposition to H.F. 612 — Mandatory Sick Leave Bill Dear Rep. Atkins and committee members: The Municipal Legislative Commission, an association of 14 suburban communities around the Metro Area, expresses our strong opposition to H.F. 612, a bill requiring mandatory paid sick leave. While the intentions of the legislation may be in good faith, the financial and administrative repercussions of this language being enacted would be devastating to local units of government. We respectfully request that you please consider the affects of placing another unfunded mandate on cities, and vote against this bill. When examining H.F. 612 closely, there are three major components that are problematic for the MLC's member cities: 1) Cost The MLC has always looked out for the best interests of our employees, and provides compensation packages that best fit their needs. In order to meet the sick leave requirements specified in H.F. 612, our cities would be forced to boost reserves to cover accruing sick hours during a time when budgets are already tight and reserves are being drained. As a result, our cities will be forced to consider reducing services to make up for the additional costs. 2) Administrative Workload MLC cities would be hurt by this legislation due to the high number of seasonal and part-time employees hired (lifeguards, fitness instructors, ice rink attendants, seasonal maintenance workers, etc...). When/if these seasonal employees are re- hired, our member cities would need to track their hours from year to year, and reinstate the appropriate amount of unused sick time that had accrued. In some cases, this recordkeeping would need to be done manually for hundreds of seasonal employees. Furthermore, the value of any unused sick leave hours would need to be reported as a liability on the cities' books for the audit process. League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 Page 2 3) Implementation Many MLC cities' employees have the flexibility to attend to medical concerns, either outside of work hours or through PTO. For our members who currently use a PTO system, this legislation would be very problematic if cities are expected to accrue sick leave hours on top of PTO. H.F. 612 also allows an employee to use paid sick leave benefits to care for grandparents and extended family members. Our members are concerned this broad application would create abuse of sick leave, and possibly lead to a shortage of coverage in our offices. Your attention to our concerns is greatly appreciated. We hope you will consider the negative impact H.F. 612 has on your local units of government when you cast your vote today. Sincerely, Mike Maguire Mayor of Eagan Chair, MLC Board of Directors C.c. House Commerce and Labor Committee Members MUNICIPAL LEGISLATIVE COMMISSION Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove, Maplewood, Minnetouka,-Plymouth, Shoreview, Woodbury March 16, 2010 Senator John Marty . Chair, Senate Health, Housing and Family Security Committee 328 Capitol Building St. Paul, Minnesota 55155 Re: S.F. 3175 — Electronic Air Monitoring Devices for Indoor Ice Arenas Dear Senator Marty: The Municipal Legislative Commission, an association of 14 suburban communities around the Metro Area, has concerns upon reviewing S.F. 3175: a, bill requiring indoor ice arenas to have electronic air monitoring devices. We agree that monitoring air quality is vital to public health, and the Department of Health should require ice arenas with outdated, technologies and poor ventilation systems to upgrade their facilities to current standards. However, we respectfully request. that you consider the cost of mandating all ice arenas to comply with the standards outlined in the bill, particularly the cost to indoor ice arenas that have the technologies already in place to prevent carbon monoxide and nitrogen dioxide poisoning. The MLC is committed to providing safe facilities for the residents and visitors of our communities. Many of our member cities have indoor ice arenas, all of which are in compliance to current Minnesota Regulation. In addition to carbon monoxide detectors, a number of our facilities are using electric resurfacers and electronic ice edgers to further reduce exposure to toxic fumes. According to the language in S.F. 3175, indoor ice arenas would need to install electronic air monitoring devices that continuously monitor for carbon monoxide and nitrogen dioxide concentrations, and would automatically activate an alarm and exhaust fans in the facility. Our member cities are concerned with the cost implications this mandate would create. Despite the efforts we have already made to keep our facilities safe, upgrades would be needed to meet the standards of "continuously" monitoring for carbon monoxide and nitrogen dioxide, along with synching the alarm to the ventilation system. According to the MN Ice Arena Managers. Association, these costs could range from $3,50045,000 for one indoor ice rink. During this challenging fiscal time when local governments are already being faced with reduced revenues, these costs would likely have to be shifted onto local taxpayers. League of Minnesota Cities Building 145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103 Telephone: (651) 228 -9757 • Facsimile: (651) 228 -9787 Page 2 In addition to our cost concerns, S.F. 3175 requires these improvements be made by January 1, 2011. The MLC believes this time table does not .provide a reasonable turnaround for improvements. We would expect a number of our ice arenas to close should this effective date remain in the bill. During your discussion in committee, we ask that you consider exempting indoor ice arenas that either a) already have carbon monoxide monitors in place, or b) utilize electric resurfacing equipment. In doing so, this would narrow the language of the bill down to specifically target problem indoor ice arenas. Your attention to our concerns is greatly appreciated. The MLC would be happy to sit -down with stakeholders to help find an effective and manageable solution to address problems with indoor ice arenas' air quality. We hope you will consider our position on S.F. 3175 when you cast your vote today. Sincerely, AOvh4i-ll Mike Maguire Mayor of Eagan Chair, MLC Board of Directors C.c. Senate Health, Housing and Family Security Committee members Anne Finn, League of Minnesota Cities MLC Legislative Delegation 40.7 H.F. No. 3729, 4tlt Engrossment - 86th Legislative Session (2009 -2010) IH3729 -41 ARTICLE 2 40.8 PROPERTY TAX REFORM, ACCOUNTABILITY, VALUE, AND 40.9 EFFICIENCY PROVISIONS 40.10 Section 1. 16.901 COUNCIL ON LOCAL RESULTS AND INNOVATION. 4011 Subdivision 1. Creation. The Council on Local Results and Innovation consists of 40.12 11 members, as follows: 40.13 (1) the state auditor. 40.14 (2) two persons appointed by die chair of the Property and Local Sales Tax Division 40.15 of the house of representatives Taxes Committee; 40.16 (3) two persons appointed by the designated lead member of the largest minority 40.17 party of the Property and Local Sales Tax Division of the house of representatives Taxes 40.18 Committee; 4019 (4) four persons appointed by the Subcommittee on Committees of the Senate Rules 4o.2o and Administration Committee; 40.21 0) one person appointed by the Association of Minnesota Counties; and 4012 (6) one person appointed by the League of Minnesota Cities. 40.23 Each appointment under clauses (2) to (4) must include one person with expertise 40.24 or interest in county government and one person with expertise or interest in city 40.25 government. No members appointed under clauses (2) to (4) may be members of the 40.26 legislature The appointing authorities must use their best efforts to ensure that a maiority 40.:7 of council members have experience with local performance measurement systems. The 4018 membership of the council must include geographically balanced representation as well as 40.29 representation balanced between large and small jurisdictions. The appointments under 40.30 clauses (2) to (6) must be made within two months of the date of enactment. 4031 Appointees to the council under clauses (2) to (4) serve terms of four years, except 4032 that one of each of the initial appointments under clauses (2) to (4) shall serve a term of 40.33 two years• each appointing agent must designate which appointee is serving the two -year 40.34 term Subsequent appointments for members appointed under clauses (2) to (4) must Article 2 Section I. 40 H.F. No. 3729, 4th Engrossment - 86th Legislative Session (2009 -2010) [H372941 41.1 be made by the council including appointments to replace any appointees who might 41.2 resign from the council prior to completion of their term Appointees under clauses (2) to 41.3 (4) are not eligible to vote on appointing their successor nor on the successors of other 41.4 appointees whose terms are expiring contemporaneously. In making appointments the 41.5 council shall make all possible efforts to reflect the geographical distribution and meet the 41.6 qualifications of appointees required of the initial appointees Subsequent appointments 41.2 for members appointed under clauses (5) and (6) must be made by the original appointing 41.8 authority. Appointees to the council under clauses (2) to (6) may serve no more than two 41.9 consecutive terms. 41.10 Subd. 2. Duties. (a) By February 15, 2011, the council shall develop a standard 41,11 set of approximately ten performance measures for counties and ten performance 41.12 measures for cities that will aid residents, taxpayers and state and local elected officials 41.13 in determining the efficacy of counties and cities in providing services and measure 41.14 residents' opinions of those services. In developing its measures the council must solicit 41.15 input from private citizens. Counties and cities that elect to participate in the standard 41.16 measures system shall report their results to the state auditor wider section 6.91, who 41.17 shall compile the results and make them available to all interested parties by publishing 41.18 them on the auditor's Web site and report them to the legislative tax committees Each 41.19 year after the initial designation of performance measures, the council shall evaluate the 41.20 usefulness of the standard set of performance measures and may revise the set by adding 4121 or removing measures as it deems appropriate. 41.22 (b) By February 15, 2012, the council shall develop minimum standards for 41.23 comprehensive performance measurement systems, which may vary by size and type 41.24 Of governing jurisdiction. 41.25 (c) In addition to its specific duties under paragraphs (a) and (b) the council 41.26 shall generally promote the use of performance measurement for governmental entities 41.27 across the state and shall serve as a resource for all governmental entities seeking to 41.28 implement a system of local performance measurement. The council may highlight and 41.29 promote systems that are Innovative, or are ones that it deems to be best practices of local 41.30 performance measurement systems across the state and nation. The council should give 41.31 preference in its recommendations to systems that are results - oriented. The council may, 4132 with the cooperation of the state auditor, establish and foster a collaborative network 41.33 of practitioners of local performance measurement systems. The council may support 4134 the Association of Minnesota Counties and the League of Minnesota Cities to seek and 41.35 receive private funding to provide expert technical assistance to local governments for 4136 the purposes of replicating best practices. Article 2 Section I. 41 HA No. 3729, 4th Engrossment - 86th Legislative Session (2009 -2010) IH3729 -41 42.1 Subd. 3. Reports. (a) The council shall report its initial set of standard performance 42.2 measures to the Property and Local Sales Tax Division of the house of representatives 42.3 Taxes Committee and the Taxes Division on Propertv Taxes of the senate Taxes Committee 42.4 by February 28, 2011. 42.5 - (b) By February I of each subsequent year, the council shall report to the committees 42.6 with jurisdiction over taxes in the house of representatives and the senate on participation 42.7 in and results of the performance measurement system, along with any revisions in the 418 standard set of performance measures for the upcoming year. These reports may be made 42.9 by the state auditor in lieu of the council if agreed to by the auditor and the council. 42.10 Subd. 4. Operation of council. (a) The state auditor shall convene the initial 42.11 meeting of the council. 42.12 (b) The chair of the council shall be elected by the members. Once elected, a chair 42.13 shall serve a term of two years. 42.14 (c) Members of the council serve without compensation. 42.15 (d) Council members shall share and rotate responsibilities for administrative 42.16 suDDort of the council. 42.17 (e) Chapter 13D does not apply to meetings of the council. Meetings of the council 42.18 must be open to the public and the council must provide notice of a meeting on the state 42.19 auditor's Web site at least seven days before the meeting. A meeting of the council occurs 42.20 when a quorum is present. 42.21 (f) The council must meet at least two times prior to the initial release of the standard 42.22 set of measurements. After the initial set has been developed, the council must meet a 42.23 minimum of once per year. 42.24 Subd. S. Termination. The council expires on January 1, 2020. 42.25 EFFECTIVE DATE. This section is effective the day following final enactment. 42.26 Sec. 2. 16.911 LOCAL PERFORMANCE MEASUREMENT AND REPORTING. 42.27 Subdivision 1. Reports of local performance measures. (a) A county or city 42.28 that elects to participate in the standard measures program must report its results to its 42.29 citizens annually through publication, direct mailing, posting on the jurisdiction's Web 42.30 site, or through a public hearing at which the budget and levy will be discussed and public 42.31 input allowed. 42.32 (b) Each year, iurisdictions participating in the local performance measurement 42.33 and improvement program must file a report with the state auditor by July I, in a form 42.34 prescribed by the auditor. All reports must include a declaration that the jurisdiction leas 42.35 complied with, or will have complied with by the end of the year, the requirement in Article 2 Sec. 2. 42 H.F. No. 3729, 4th Engrossment - 96th Legislative Session (2009 -2010) [H3729 -41 43.1 paragraph (a). For iurisdictions participating in the standard measures program, the report 43.2 shall consist.of the iurisdiction's results for the standard set of performance measures 43.3 under section 6.90, subdivision 2, paragraph (a). In 2012, jurisdictions participating in the 43.4 comprehensive performance measurement program must submit a resolution approved by 43.5 its local governing body indicating that -it either has implemented or is in the process of 43.6 implementing a local performance measurement system that meets the minimum standards 417 specified by the council under section 6.90, subdivision 2, paragraph (b). In 2013 and 43.8 thereafter, iurisdictions participating in the comprehensive performance measurement 43.9 program must submit a statement approved by its local governing body affirming that 43.10 it has implemented a local performance measurement system that meets the minimum 43.11 standards specified by the council under section 6.90, subdivision 2, paragraph (b). 43.12 Subd. 2. Benefits of participation. (a) A county or city that elects to participate in 4113 the standard measures program for 2011 is: (1) eligible for per capita reimbursement of 43.14 $0.14 per capita, but not to exceed $25,000 for any government entity: and (2) exempt 43.15 from lew limits under sections 275.70 to 275.74 for taxes payable in 2012, if levy limits 43.16 are in effect. 43.17 (b) Any county or city that elects to participate in the standard measures program 43.18 for 2012 is eligible for per capita reimbursement of $0.14 per capita, but not to exceed 43.19 $25.000 for any government entity. Any jurisdiction participating in the comprehensive 43.20 performance measurement program is exempt from levy limits under sections 275.70 to 43.21 275.74 for taxes payable in 2013 if lew limits are in effect. 43.22 (c) Any county or city that elects to participate in the standard measures program for 43.23 2013 . or any year thereafter is eligible for per capita reimbursement of $0.14 per capita, 43.24 but not to exceed $25,000 for any government entity. Anv iurisdiction participating in 43.25 the comprehensive performance measurement program for 2013 or any year thereafter is 43.26 exempt from levy limits under sections 275.70 to 275.74 for taxes payable in the following 43.27 year, if levy limits are in effect. 43.28 Subd. 3. Certification of participation. (a) The state auditor shall certify to 43.29 the commissioner of revenue by August I of each year the counties and cities that are 43.30 participating in the standard measures program and the comprehensive performance 43.31 measurement program. 43.32 (b) The commissioner of revenue shall make per capita aid payments under this 43.33 section on the second payment date specified in section 477A.015, in the same year that 43.34 the measurements were reported. 43.35 (c) The commissioner of revenue shall notify each county and city that is entitled to 43.36 exemption from levy limits by August 10 of each levy year. Article 2 Sec. 2. 43 H.F. No. 3729, 4th Engrossment - 86th Legislative Session (2009 -2010) IH372941 44.1 Subd. 4. Appropriation. (a) The amount necessary to fund obligations under 44.2 subdivision 2 is annually appropriated from the general fund to die commissioner of 44.3 revenue. 44.4 (b) The sum of $6,000 in fiscal year 2011 and $2,000 in each fiscal year thereafter is 44.5 annually aDorooriated from the eeneral fund to die state auditor to carry out the auditor's 44.6 responsibilities under sections 6.90 to 6.91. 44.7 EFFECTIVE DATE. This section is effective December 31, 2010. 44.9 Sec. 3. 1270C.9911 PROPERTY TAX SYSTEM BENCHMARKS AND 44.9 CRITICAL INDICATORS. 44.10 Subdivision 1. Purpose. State policy makers should be provided with the tools to 44.11 create a more accountable and efficient property tax system. This section provides the 44.12 principles and available tools necessary to work toward achieving that goal. 44.13 Subd. 2. Property tax principles. To better evaluate the various property tax 44.14 proposals that come before the legislature, the following basic property tax principles 44.15 should be taken into consideration. The property taxes proposed should be: 44.16 (1) transparent and understandable, 44.17 (2) simple and efficient; 44.19 (3) equitable; 44.19 (4) stable and predictable; 44.20 (5) compliance and accountability; 44,21 (6) competitive, both nationally and globally, and 44.22 (7) responsive to economic conditions. 44.23 Subd. 3. Maior indicators. There are many different types of indicators available to 44.24 legislators to evaluate tax legislation. Indicators are useful to have available as benchmarks 44.25 when legislators are contemplating changes. Each tool has its own limitation, and no one 44.26 tool is perfect or should be used independently. Some of the tools measure the global 44.27 characteristics of the entire tax system, while others are only a measure of the property tax 44.29 impacts and its administration. The following is a list of the available major indicators: 44.29 (1) property tax principles scale, the components of which are listed in subdivision 44.30 2 as they relate to the various features of the property tax system; 44.31 (2) price of government report, as required under section 16A.102; 44.32 (3) tax incidence report, as required under section 270C.13; 44.33 (4) tax expenditure budget and report, as required under section 270C.11. 44.34 (5) state tax rankings; Article 2 Sec. 3. 44 H.F. No. 3729, 4th Engrossment - 86th Legislative Session (2009 -2010) [113729 -41 45.1 (6) property tax levy plus aid data, and market value and net tax capacity data, by 45.2 taxing district for current and past years; 45.3 (7) effective tax rate (tax as a percent of market value) and the equalized effective 45.4 tax rate (effective tax rate adjusted for assessment differences); 45.5 (8) assessment sales ratio study, as required under section- 127A.48. - 45.6 (9) "Voss" database, which matches homeowner property taxes and household 45.7 income- 45.8 00) revenue estimates under section 270C.11, subdivision 5, and state fiscal notes 45.9 under section 477A.03, subdivision 2b; and 45.10 (11) local impact notes under section 3.987. 45.11 Subd. 4. Property tax working group. (a) A property tax working group is 45.12 established as provided in this subdivision. The goals of the working group are: 45.13 (1) to investigate ways to simplify the property tax system and make advisory 45.14 recommendations on ways to make the system more understandable; 45.15 (2) to reexamine the property tax calendar to determine what changes could be made 45.16 to shorten the two -vear cycle from assessment through property tax collection: and 45.17 (3) to determine the cost versus the benefits of the various property tax components, 45.18 including property classifications, credits, aids, exclusions, exemptions, and abatements, 45.19 and to suggest ways to achieve some of the goals in simpler and more cost - efficient ways. 45.20 (b) The 13- member working group shall consist of the following members: 45.21 (1) two state representatives, both appointed by the chair of the house of 45.22 representatives Taxes Committee, one from the maiority party and one from the largest 45.23 minority party; 45.24 (2) two senators appointed by the Subcommittee on Committees of the Senate Rules 45 25 and Administration Committee, one from the maiority party and one from the Iargest 45.26 minority party: 45.27 (3) the commissioner of revenue, or designee; 45.28 (4) one person appointed by the Association of Minnesota Counties. 45.29 (5) one person appointed by the League of Minnesota Cities: 45.30 (6) one person appointed by the Minnesota Association of Townships; 45.31 (7) one person appointed by the Minnesota Chamber of Commerce: 45.32 (8) one person appointed by the Minnesota Association of Assessing Officers; 45.33 (9) two homeowners. one who is under 65 vears of age, and one who is 65 years of 4534 . age or older, both appointed by the commissioner of revenue: and 45.35 (I 0) one person iointiv appointed by the Minnesota Farm Bureau and the Minnesota 45.36 Farmers Union. Article 2 Sec. 3. 45 H.F. No. 3729, 4th Engrossment - 86th Legislative Session (2009 -2010) [143729 -4] 46.1 The commissioner of revenue shall chair the initial meeting, and the working 46.2 group shall elect a chair at that initial meeting. The working group will meet at the call 46.3 of the chair. Members of the working group shall serve without compensation. The 46.4 commissioner of revenue must provide administrative support to the working group. 46.5 Chapter 13D does not apply to meetings of the working group. Meetings of the working 46.6 group must be open to the public and the working group must provide notice of a meeting 46.7 to potentially interested persons at least seven days before the meeting. A meeting of the 46.8 council occurs when a quorum is present. 46.9 (c) The working group shall make its advisory recommendations to the chairs of the 46.10 house of representatives and senate Taxes Committees on or before February 1, 2012, at 46.11 which time the working group shall be finished and this subdivision expires. The advisory 46.12 recommendations should be reviewed by the Taxes Committee under subdivision 5. 46.13 Subd. 5. Taxes Committee review and resolution. On or before March 1, 46.14 2012, and every two years thereafter, the house of representatives and senate Takes 46.15 Committees must review the maior indicators as contained in subdivision 3, and ascertain 46.16 the accountability and efficiency of the property tax system. The house of representatives 46.17 and senate Taxes Committees shall prepare a resolution on targets and benchmarks for 46.18 use during the current biennium. 46.19 Subd. 6. Department of Revenue; revenue estimates. As provided under 46.20 section 270C.] 1, subdivision 5, the Department of Revenue_ is required to prepare an 46.21 estimate of the effect on the state's tax revenues which result from the passage of a 46.22 legislative bill establishing, extending, or restricting a tax expenditure. Beginnin 46.23 with the 2011 legislative session, those revenue estimates must also identify how the 46.24 property tax principles contained in subdivision 2 apply to the proposed tax changes. The 46.25 commissioner of revenue shall develop a scale for measuring the appropriate principles 46.26 for each proposed change. The department shall quantify the effects. if possible, or at a 46.27 minimum, shall identify the relevant factors so that legislators are aware of possible 46.28 outcomes, including administrative difficulties and cost. The interaction of property tax 46.29 shifting should be identified and quantified to the degree possible. 46.30 Subd. 7. Appropriation. The sum of $30.000 in fiscal year 2011 and $25.000 in 46.31 each fiscal year thereafter is appropriated from the general fund to the commissioner of 46.32 revenue to carry out the commissioner's added responsibilities under subdivision 6. 46.33 EFFECTIVE DATE. This section is effective the day following final enactment. Article 2 Sec. 3. 46 HOUSE RESEARCH Bill Summary FILE NUMBER: H.F. 3632 DATE: March 23, 2010 Version: As introduced Authors: Scalze Subject: Property taxation; modifying the market value homestead credit calculation Analyst: Steve Hinze, 651- 296 -8956 Karen Baker, 651- 296 -8959 This publication can be made available in alternative formats upon request. Please call 651- 296 -6753 (voice); or the Minnesota State Relay Service at 1- 800 - 627 -3529 (TTY) for assistance. Summaries are also available on our website at: www.house.mn/hrd/hrd.htm. Section Overview H.F. 3632 reduces the market value credit through a change in the formula. Most homes would have 'a credit reduction of $25 to $50. Residential homestead market value credit. Reduces the market value credit for all homeowners by changing the formula. Under current law, the credit is equal to 0.4% of the first $76,000 of market value, reaching a maximum of $304, with the maximum being reduced at a rate of $90 per $100,000 in value above $76,000, until it is completely phased out at a value of $414,000. Under the proposal, the credit is equal to 0.35% of the first $80,000 of market value, reaching a maximum of $280, with the maximum being reduced at a rate of $100 per $100,000 in value above $80,000, until it is completely phased out at a value of $360,000. Effective for taxes payable in 2011 and thereafter. Research Department Minnesota House of Representatives 600 State Office Building RA2010\3632 Scalze.shkb.docx Last printed 3/23/2010 3:22:00 PM MINNESOTA- REVENUE March 23, 2010 Department of Revenue Analysis of H.F. 3632 (Scalze) Market Value Homestead. Credit Property Tax Refunds General Fund Total PROPERTY TAX Market Value Homestead Credit Modification Yes No DOR Administrative Costs/Savings X Fund Imuact F.Y. 2010 F.Y. 2011 F.Y. 2012 F.Y. 2013 (000's) $0 $0 $42,000. $43,000 $0 $0 ($3,200) $( 3.200) $0 $0. $38,800 $391800 Effective for taxes payable 2011 and thereafter. EXPLANATION OF THE BILL The proposal changes factors for the homestead market value credit. The formula is changed to 0.35% of the first $80,000 of homestead market value, instead of 0.4% of the fast $76,000 under current law. The subtraction factor is changed fr om 0.09% to 0.1 %. REVENUE ANALYSIS DETAIL • The proposal was simulated on a taxes payable 2010 computer model. • The formula changes reduce the homestead market value credit by $42.0 million in FY 2012 and by $43.0 million in FY 2013. • As a result of higher homestead net taxes, property tax refunds (PTR) paid by the state would increase. The PTR increase is estimated to be $3.2 million in FY 2012 and FY 2013. Number of Taxpayers: All homestead taxpayers would be affected Source: Minnesota Department of Revenue Property Tax Division — Research Unit http: / /www. taxes .state.mn.us /taxes /legal _policy hf3632 _pt_l/lm Market Value Homestead Credit'RedUctions Pby 11 11 11 Apple Valley $1,112,293 $1,112,293 $995,786 for MLC Cities ll• $897,554 l: . $448,139 2009 • $749,603 • , $5,315,668 Bloomington $1,696,959 $1,630,492 $1,488,406 $1,362,763 $598,529 $1,264,708 $8,041,857 Burnsville $1,305,009 $1,231,999 $1,149,237 $1,019,301 $480,250 $863,959 $6,049,755 Eagan $1,223,402 $1,153,562 $1,036,072 $905,342 $430,615 $858,431 $5,607,424 Eden Prairie $843,982 $763,466 $629,029 $538,740 $226,682 $456,419 $3,458,318 Edina $528,756 $452,522 $372,664 $303,502 $116,456 $240,494 $2,014,394 Inver Grove Heights $364,345 $364,334 $364,334 $364,334 $2631211 $510,860 $2,231,418 Lakeville $656,230 $656,230 $656,230 $624,037 $305,479 $630,596 $3,528,802 Maple Grove $988,270 $979,793 $854,734 $825,859 $376,631 $803,518 $4,828,805 Maplewood $268,296 $268,296 $268,296 $268,296 $244,473 $514,877 $1,832,534 Minnetonka $787,036 $706,708 $621,952 $551,322 $236,252 $489,559 $3,392,829 Plymouth $737,392 $689,350 $634,691 $591,137 $254,910 $546,740 .$3,454,220 Shoreview $480,123 $428,437 $372,956 $311,183 $139,069 $286,343 $2,018,111 Woodbury $902,448 $857,0071 $793,349 $720,184 L $344,837 $691,2511 $4,309,076 Total: $4,465,533 $8,907,358 $56,083,211 Total Market Value Credit Payouts to all taxing jurisdictions, FY 2009 to FY 2012 (in millions) House Research Dept. 312312010 Governor's I Governor's Proposal HF 1671 1 Proposal HF 1671 Taxes Payable Year 2008 2009 1 2010* 2010* 1 2011* 2011* Fiscal Year 2009 2010 I 2011 * 2011 * 1 I 2012* 2012* Amount from ax statements- $281.1 .. ; $288.6: 1 $294.21'. $294:2 $296.4 1 296A.- Unallotment $12.6 $22.1 1 $30.2 $30.2 1 $0.0 $0.0 Legislated Reduction $0.0 $0.0 1 $24.4 $97.2 1 $54.6 $30.2 Amount actually paid.' : $268.8 ; : ":$266.6- 1 $239:6 $166:8.. "1 : $24t.8 .: , - _ $2 66.Z * Estimated amounts House Research Dept. 312312010 Comparing MVHC Certified vs. Paid (,in. millions) $350 $300 Governor I House j Governor I House Proposal Proposal I Proposal Proposal ®Totals Amount from tax statements �I © Totals Amount actually paid or proposed to be paid .F !s r f ti r r Est. 2010 Est. 2010 Est. 2011 Est. 2011 Governor I House j Governor I House Proposal Proposal I Proposal Proposal ®Totals Amount from tax statements �I © Totals Amount actually paid or proposed to be paid $350 $300 $250 $200 $150 $100 $50 $0 HF 3632 MVHC Compared to Current Law �O sO sO sO �O DO �O DO DO �O �O �O e 3/22/2010 House Research Dept. --- Current Law — — HF 3632 M milli I �O sO sO sO �O DO �O DO DO �O �O �O e 3/22/2010 House Research Dept. --- Current Law — — HF 3632 Change in Tax Burden under H.F. 3632 for Homes Taxed at Statewide Average Tax Rate $80,000 $1609000 $928 $1,856 $300 $228 $156 $628 $280 $200 -$20 -$28 $648 3.25% $1,628 $1,656 1.74% $2409000 $3209000 $2,784 $39712 $25628 $120 -$36 $2,664 1.39% $84 $3,628 $40 -$44 $3,672 1.22% aa«Y.r r •... ♦..uaaa.a as av uuv.vva..v .vv..a. .. v.r........ ..� . . ........... �.. �� - -.... .. ... � _— _� _ _ _ — _ _ "_ _ StarTribune.com Cities around the metro are buddying up to cut costs No one's talking mergers, but sharing services, especially technical ones, is on the rise. Just look at Minnetonka and St. Louis Park. Or Falcon Heights and its neighbors. By MARY JANE SMETANKA, Star Tribune Last update: March 19, 2010 - 11:15 PM Facing tight budgets, the cities of Minnetonka and St. Louis Park cut staffing last year. Only later did they realize the departments they had pared sometimes had more work than employees could handle. Instead of adding workers, the two neighbors turned to each other. Minnetonka recently did the health and safety review of a St. Louis Park restaurant. St. Louis Park helped Minnetonka with electrical inspections. No money changed hands. The two cities are tracking their hours, and if there's an imbalance they'll work it out at year's end. Tough times can spur innovation, and the Advertisement idea of cities sharing services is drawing interest. Representatives of almost 40 cities attended a recent forum on shared services in St. Paul. "It's gaining traction, because cities are losing money at the state level and many are seeing revenue decline from sources like building p ermits and delinquent utility bills," said Patricia Nauman, executive director of Metro Cities, which hosted the event. Metro Cities represents 80 cities before the Legislature and the Metropolitan Council. But don't expect city mergers anytime soon. Though many school districts were forced to consolidate while seeking similar sorts of operating efficiencies, experts say cities are more likely to balance sharing services with a fervent desire to maintain their civic identities. The cooperation movement got a push last year from Gov. Tim Pawlenty, who proposed folding county human services offices into 15 regional centers and recommended that school districts buy supplies in bulk. Those ideas weren't implemented, but there are new proposals in the Legislature to push cooperation. One measure would set up a commission on NATALIE COLE SUNDAY, MAY 9 ON SALE NOW TtcKETMABTER.com MYS M LA-KE' C"INO • HOTEL ��, �pr yq, saQUS,we9�w.ro�.wno�soiwcwnrwror rnyStkiake.COlri. Print Powered By rrt door natDynamics' http://,Nw%v.startribtme.com/templates/fdcp9l269'370128-')02 3/23/2010 ��« t,. rrwww. �iaiuu�uii� .�uiiviveaiiwrsuooiv_ iii. iiuut :eir- 1�tirKS000VLJCyJLVLJIV /a1u rage L GI J Staffrlbunexom service innovation. Another would create renovation and construction grants if at least three agencies share a building. Both are sponsored by Sen. Terri Bonoff, DFL- Minnetonka, who says more cooperation is inevitable, particularly with technology, where proximity isn't key to getting good service. The poster child for shared services may be Falcon Heights, population 5,800. Two - thirds of the city is tax- exempt land owned by the State Fair and the University of Minnesota. "We have a limited tax base, but we still have to provide the same services as a larger city," said City Administrator Justin Miller. Asking "who can we work with ?" he said, has "become part of our budget and culture." The city's website, e-mail and telephone support comes from Roseville, as do engineering services. Police services are provided by St. Anthony Village. Snowplowing is done by Ramsey County; a street sweeper is shared with Little Canada. Falcon Heights, for its part, provides fire protection and inspection services to Lauderdale. Falcon Heights, Arden Hills and Roseville have jointly bid street paving projects to take Advertisement advantage of economies of scale. "It seems to have worked, for the most part," said Duane Schwartz, Roseville's director of public works. "Combined, we can attract better prices and better contractors." Roseville provides information technology services to 24 agencies, ranging from surrounding cities to a watershed district and two Ramsey County libraries. When a new Roseville library was built close to City Hall, it made sense for the city to provide Internet and telephone access through already laid fiber optic cable in the area, said Chris Miller, Roseville's finance director. Roseville has just over eight full -time technology employees, about half employed because they manage websites, Internet access, e-mail and other technology services for outside agencies, Miller said. "Some of these troubles we can fix right here from Roseville City Hall," he said. "One network server can serve 10 people or 1,000. So you're creating economies of scale." Roseville's workers are on 24 -hour call from other cities and agencies. Miller estimates t hat together, those agencies save about CLAY WALKER WITH SPECIAL GUEST LEE BRICE THURSDAY, APRIL 15 ON SALE NOW rrcKErMAsrEA.coM MYOk LAKE' CASINO • HOTIi..._., , ._.._.O�wI aid 4weAAO�e r6�Yrrs �rCrrr�lp Print Powered By FarmatDynamics' http: / /ww�.startribune.com /templates /fdcp ?1269370128302 3/23/2010 StarTribunexom $500,000 each year. "We're very upfront about what we can do and can't do for them," he said. "We invite them to compare us with the private sector and see if they can do it better and cheaper." A year ago, Public Strategies Group in St. Paul looked at ways government could produce more results for less money. Group Chairman Babak Armajani said economic realities finally may be forcing cities to reconsider being the exclusive provider of traditional city services. Service quality and identity loss are legitimate issues for cities, he said. He agreed with Bonoff that the easiest services to outsource are technical ones such as data processing, accounting and computer duties. "Those kinds of services are not politically sensitive, like who's providing the police cars or fire trucks," Ile said. He thinks it probably would be better to have five or 10 police departments, not 70, in the Twin Cities, but said consolidations have not always gone well in other parts of the country. "There is value in choice and coin petition," he said. Advertisement Armajani suspects more cities will explore shared services, to a point. "When we have always had our own police department or fire department, we are loath to give that up," he said. "It's part of our community identity." Minnetonka officials have "thought long and hard" about that, said Julie Wischnack, community development director. Her city not only has the pilot employee- sharing project with St. Louis Park but provides services to smaller cities as well. It can be a shock for a homeowner to open the door and find an inspector from another city, she said. In a case like that, "the city of Minnetonka is still the ultimate decisionmaker," she said. "We are the controlling party ... [but] frankly, if staff members from another city can do something better than we can, we should do that." Mary Jane Smetanka • 612- 673 -7380 4 SINGLE -DECK BLACKJACK ALWAYS A BIG DEAL! MYS+i(- VKE. �r CASrNO • HOT 1116 -! M.eQpmNderweSh1%W eree+Mx=59WC0n.Mw Print Powered By rmatDynamics- http: / /,Aivw.startribune.com /templates /fdcp? 1269370128302 3/23/2010 HOUSE RESEARCH Bill Summary FILE NUMBER: H.F. 3689 DATE: March 23, 2010 Version: As Introduced Authors: Westrom Subject: Modifying homeowner property tax refund schedule Analyst: Nina Manzi (651) 296 -5204; .Karen Baker (65 l) 296 -8959; Steve Hinze (651) 296 -8956 This publication can be made available in alternative formats upon request. Please call 651- 296 -6753 (voice); or the Minnesota State Relay Service at 1- 800 - 627 -3529 (TTY) for assistance. Summaries are also available on our website at: www.house.mn/hrd/hrd.htm. Overview Scales back the homeowner property tax refund by reducing the maximum income eligible for a refund, decreasing the maximum refund allowed, and eliminating the annual inflation adjustment of the income brackets and maximum refund amounts. Section 1 Homeowner property tax refund. Restricts the current law homeowner property tax refund program ( "circuit breaker ") by reducing the maximum household income eligible for a refund from $99,270 under present law to $58,500; homeowners with household income over $58,500 would not be eligible for a refund, and ► decreasing the maximum refund allowed from $2,370 under present law to $2,000. Also makes corresponding increases in the co -pay percentages and decreases in the maximum refunds for income brackets leading up to the new maximum income of $58,500. Co -pay percentages would increase for household incomes over $24,480, and maximum refund amounts would decrease for all income levels to reflect both the reduction in the maximum income eligible and the reduction in the maximum refund. (Note: The maximums and income brackets appearing in the statute are in 2008 dollars; the amounts that would be in effect for payable 2011 are the statutory amounts adjusted for inflation to 2011). Research Department Minnesota House of Representatives 600 State Office Building C:\DOCUME— I\PCumings \LOCALS- 1 \Temp\XPgrpwise \3689 Westrom.nm.docx Last printed 3/24/2010 7:53:00 AM H.F. 3689 March 23, 2010 Version: As Introduced Page 2 Section Effective for refunds based on taxes payable in 2011. 2 Inflation adjustment. Eliminates the annual inflation adjustment of the income brackets and maximum refund amounts for the homeowner property tax refund. Research Department Minnesota House of Representatives 600 State Office Building C:\DOCUME— I\PCumings \LOCALS- 1 \Temp\XPgrpwise\3689 Westrom.nm.docx Last printed 3/24/2010 7:53:00 AM MINNESOTA- REVENUE March 22, 2010 Department of Revenue Analysis of H.F. 3689 (Westrom) General Fund PROPERTY TAX REFUND Homeowner PTR Modifications Yes No DOR Administrative R Costs/Savings Fund Impact F.Y. 2010 F.Y. 2011 F.Y. 2012 F.Y. 2013 (000's) $0 $0 $81,200 $95,100 Effective beginning with 2010 returns filed in 2011. EXPLANATION OF THE BILL The proposal modifies the homeowner property tax refund (PTR) program by reducing the maximum household income eligible for refund from $99,270 to $58,500, lowering the maximum refund from $2,370 to $2,000 and eliminating the annual inflation adjustment for the refund calculation table. The proposal also modifies the copay percentage and maximum refund for some income ranges in the refund calculation table. REVENUE ANALYSIS DETAIL • The estimates are based on the February 2010 forecast. • Approximately 405,000 claimants received a homeowner property tax refund in the current year.. • Modifying the maximum eligible income, maximum refund and other refund table adjustments would reduce refunds to 67 % of all homeowner refund claimants, of which 75,000 would no longer be eligible for a refund. • Under the proposal, the average homeowner property tax refund reduction would be $260. Number of Taxpayers: The number of homeowner refunds under the proposal would be reduced by approximately 75,000. Source: Minnesota Department of Revenue Property Tax. Division — Research Unit http://www.taxes.state.mn.us/taxes/legal_policy hf3689 _pt_l /nrg State of Minnesota 1 LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT TO: Members of the Conference Committee on S.F. 2918, Omnibus Retirement Bill Members of the Legislative Commission on Pensions and Retirement FROM: Edward Burek, Deputy Director RE: Summary of the Conference Committee Report on S.F. 2918 (Betzold), 2010 Omnibus Retirement Bill DATE: May 11, 2010 Introduction The Conference Committee Report on S.F. 2918 (CCRSF2918), contains the contents of the 2010 Omnibus Retirement Bill as recommended by the Conference Committee on May 10, 2010. Substantive Differences between the House and Senate Bills and Conference Committee Action I. Deferred Annuity Augmentation Interest Rate Effective Dates. Both bills contained the identical deferred annuity augmentation interest rate changes, but with different implementation dates: Retirement Plan Legislators' Plan MSRS- General MSRS - General (MTC employees) State Patrol Retirement Plan PERA Plans TRA DTRFA House Senate Conference Committee Action Implementation Date Implementation Date (House position, *revised) Dec. 31, 2011 Dec. 31, 2010 Dec. 31, 201 1 Dec. 31, 2011 Dec. 31, 2010 Dec. 31, 2011 Jun. 30, 2011 Jun. 30, 2010 *Dec. 31, 2011 Dec. 31, 2011 Dec. 31, 2010 Dec. 31, 2011 Dec. 31, 2011 Dec. 31, 2010 Dec. 31, 2011 Jun. 30, 2012 Jun. 30, 2011 Jun. 30, 2012 Jul. I, 2012 Jul. I, 2010 Jul. I, 2012 2. St. Paul Teachers Retirement Fund Association Member/Employer Contribution Increase Rate Amount and Phase -In Period. 3. St. Paul Teachers Retirement Fund Association 2011 Post - Retirement Adiustment Suspension. House No provision Senate Conference Committee Eliminates any post - retirement adjustment Senate position by the SPTRFA for January I, 2011 4. Revitalized 2006 Early Retirement Incentive. House Senate Conference Committee No provision Revitalizes an early retirement incentive first enacted in Conference Committee 2006 that expired in 2009 and increased the maximum House Senate (Senate position) Basic Program: Increased by: Increased by: Increased by: Member contribution one -half of one percent in one percent in one percent in one step 2010 -2011 four steps 2011 -2014 four steps 2011 -2014 Employer regular contribution two percent in one percent in one percent in four steps 2010 -2014 four steps 2011 -2014 four steps 2011 -2014 Coordinated Program: Member contribution one -half of one percent in one percent in one percent in one step 2010 -2011 four steps 2011 -2014 four steps 2011 -2014 Employer regular contribution two percent in one percent in one percent in three steps 2010 -2013 four steps 2011 -2014 four steps 2011 -2014 3. St. Paul Teachers Retirement Fund Association 2011 Post - Retirement Adiustment Suspension. House No provision Senate Conference Committee Eliminates any post - retirement adjustment Senate position by the SPTRFA for January I, 2011 4. Revitalized 2006 Early Retirement Incentive. House Senate Conference Committee No provision Revitalizes an early retirement incentive first enacted in House position 2006 that expired in 2009 and increased the maximum (there is an early retirement incentive amount for deposit in the Minnesota Health Care Savings Account to the equivalent of unemployment incentive provision in S.F. passed by the compensation and employer -paid health, dental and life House a and Senate 5 //0 /20/0) insurance payable in the event of a lay-off. 52918, Summary of the Conference Committee Report Page I 5. Minimum/Maximum Minneapolis Employees Retirement Fund Employer Post- FY2011 Contributions. House Sets a minimum employer supplemental contribution of the larger of the balance of the MERF Division full actuarial require- ment or $27 million and sets a maximum annual contribution of $34 million after fiscal year 2011 for the various employers with employees covered by the Minneapolis Employees Retirement Fund Senate Conference Committee Sets the annual employer supplemental House position contribution as the balance of the MERF Division full actuarial require- ment without an annual minimum or an annual maximum. 6. Additional State General Fund Contribution to the Minneapolis Employees Retirement Fund Division. FY201 I appropriation: Post- FY2011 annual contribution increased by: House $10 million (one -time) $15 million Senate No provision. $27.5 million Conference Committee (House position, modified) No FY2011 appropriation. FY2012: $13.75 million FY2013: $13.75 million FY2014: $15 million per year and thereafter 7. Second Chance TRA Retirement Coverage Election for Austin, MN. MnSCU Employee. House Permits a MnSCU employee who resides in Austin, Minnesota, and who had future retirement coverage transferred from MSRS - General to the MnSCU Individual Retirement Account Plan by default to elect TRA coverage for the MnSCU service with a payment of the full actuarial cost requirement. Senate Conference Committee No provision. House position 8. MSRS - General /PERA -P&.F Furlough Service and Salary Credit for U of M Employees. House Senate Conference Committee Permits administrative and clerical employees of the University of No provision. House position Minnesota covered by MSRS- General and University of Minnesota police officers covered by the PERA -P &F to obtain service and salary credit for any furlough period as if the period was a leave of absence. 9. Mandated Pension Commission Study: Defined Contribution Retirement Plan Coverage. House Senate Mandates a study by a study group drawn from No provision. various state retirement plans, with administrative support provided by the staff of the Legislative Commission on Pensions and Retirement, of the feasibility, time. and manner of transferring Minnesota public employees to defined contribution retirement plan coverage. Conference Committee (House position, modified) Mandates the executive directors of MSRS, PERA, and TRA to study defined contribution retirement coverage for Minnesota public employees and other alternatives to the current defined benefit plans. 10. Other Conference Committee Action: MSRS- Correctional Vesting for Post -June 30, 2010, Hires. The conference committee also revised the MSRS - Correctional plan vesting provision, replacing the proposed 10 -year vesting requirement for post -June 30, 2010, hires with a phased vesting schedule. House Senate For post -6/30/ 2010 members: For post -6/30/ 2010 members: Increased from 3 years to 10 years Increased from 3 years to 10 years 52918, Summary of the Conference Committee Report Page 2 Conference Committee For post -6/30/ 2010 members: 50 percent after five years; 60 percent after six years; 70 percent after seven years; 80 percent after eight years; 90 percent after nine years; and 100 percent after ten years. Source Legislation for the 2010 Omnibus Retirement Bill I. S.F. 578 (Betzold); H.F. 1123 (Murphy, M.): Various plans; Administrative and benefit - related provisions. 2. S.F. 889 (Betzold); H.F. xxxx: MSRS - Unclassified; Changes in membership transfer authority. 3. S.F. 1180 (Betzold); H.F. 1774 (Nelson): Minnesota Deferred Compensation Program/MSRS- Unclassified amendments. 4. S.F. 1417 (Pogemiller); H.F. 1327 (Murphy, M.): Extend/modify an early retirement incentive program. 5. S.F. 2404 (Pappas); H.F. 2951 (Murphy, E.): SPTRFA; Financial sustainability provisions. 6. S.F. 2474 (Betzold); H.F. 2739 (Murphy, M.): PERA plans; Salary/service credit purchase procedures 7. S.F. 2499 (Betzold); H.F. 2953 (Murphy, M., by request): TRA; Financial sustainability provisions. 8. S.F. 2573 (Betzold); H.F. 2952 (Murphy, M.): MSRS; Financial sustainability provisions. 9. S.F. 2631 (Betzold); H.F. 2999 (Murphy, M., by request): PERA; Financial sustainability provisions. 10. S.F. 2644 (Betzold); H.F. 2922 (Thissen): MERF, PERA- General; Administrative consolidation of MERF. 11. S.F. 2672 (Betzold); H.F. xxxx: PERA -P &F; Financial sustainability provisions. 12. S.F. 2918 (Betzold); H.F. 3281 (Murphy, M.): State Auditor's volunteer fire relief association working group recommendations. 13. H.F. 814 (Urdahl): Various plans; Court - ordered optional annuity revocation in certain marriage dissolutions. 14. Document LCPR09-071 (Betzold): Various retirement plans; Actuarial reporting deadline dates. 15. Document LCPR09 -070 (Atkins): PERA- General; Service credit purchase, uncredited ISD# 199 employment. 16. Document LCPR09 -080: PERA Volunteer Fire; Administrative provisions. 17. Document LCPR09 -081: PERA Volunteer Fire; Expansion of service pension levels. 18. Document LCPR 10-003 (Betzold): MnSCU; Administrative provisions. 19. Document LCPR 10 -005: MSRS plans: Administrative provisions. 20. Document LCPR 10-008 (Betzold): PERA; Administrative provisions. 21. Document LCPRIO-038 (Murphy, M.): DTRFA; Financial sustainability provisions. 22. Commission Amendment S 1407 -6A: MSRS - Unclassified; Index contribution rates to those of MSRS - General. 23. House Gov Ops Amendment H32814A: Deferred annuities augmentation revisions effective dates. 24. House Gov Ops Amendment LCPR 10 -8A (Poppe): MnSC U/fRA; Second chance referendum for certain IRAP member. 25. House Finance Amendment H3281 -8A and Senate Finance Amendment 52918 -9A: State Patrol Plan; Contribution rate and post- retirement revisions; technical changes. 26. House Ways & Means Amendment H3281 -14A: MERF; City contribution maximum 27. House Ways & Means Amendment H3281 -15A: MSRS, PERA; University of Minnesota furloughed employees service and salary credit purchase authorization. 28. Senate Gov Ops Amendment A 10 -2334; Revisor's technical amendment. 29. Senate State Govt. Budget Amendment SCS2918A -1: SPTRFA; Employee and employer contribution rates. 30. Senate State Govt. Budget Amendment 52918 -2A: SPTRFA; One -year post- retirement increase suspension. General Summary of the Conference Committee Resort on S.F. 2918 Article I: Defined Benefit Plan Financial Sustainability Provisions. The article contains the following benefit reductions and changes, contribution increases, and other provisions formulated and recommended by the governing boards of the Minnesota State Retirement System (MSRS), the Public Employees Retirement Association (PERA), and the Teachers Retirement Association (TRA), the Duluth Teachers Retirement Fund Association (DTRFA), and the St. Paul Teachers Retirement Fund Association (SPTRFA): Contribution Increases. a. MSRS State Patrol Retirement Plan. The member contribution rate for the State Patrol Retirement Plan is increased by 2.0 percent of salary and the employer contribution rate for the State Patrol Retirement Plan is increased by 3.0 percent of salary. b. PERA Plans. The member contribution rate for the General Employee Retirement Plan of the Public Employees Retirement Association (PERA- General) is increased from 6.0 percent to 6.25 percent and for the Public Employees Police and Fire Retirement Plan (PERA -P &F) is increased from 9.4 percent to 9.6 percent. The employer contribution rate for PERA - General is increased from 6.0 percent to 6.25 percent and for PERA -P &F is increased from 14.1 percent to 14.4 percent. The automatic PERA - General contribution adjustment provision enacted in 2006 is modified to cover larger potential contribution increases in the event of large contribution deficiencies. S2918. Stunmary of the Conference Committee Report Page 3 c. TRA. The Teachers Retirement Association (TRA) member contribution rates are increased on a phase -in basis by two percent of covered salary over four years, with 0.5 percent increases occurring every July 1 beginning July 1, 2011. Employing unit contribution rates for TRA are increased by two percent of covered salary on a.phase -in basis over four years, with 0.5 percent increases occurring every July 1 beginning July 1, 2011. After July 1, 2015, if the TRA actuarial valuation indicates a contribution rate deficiency (i.e., total support as a percentage of covered salary compared to total financial requirements expressed as a percentage of covered salary) of at least 0.5 percent of covered payroll, with the approval of (or inaction by) the Legislative Commission on Pensions and Retirement, the member contribution rate will increase by 0.25 percent of covered salary and the employer contribution rate will increase by 0.25 percent of covered salary, with the downward adjustment if there is a contribution sufficiency. d. DTRFA. The Duluth Teachers Retirement Fund Association ( DTRFA) member contribution rate is increased from 5.5 percent to 6.5 percent, and the employer contribution rate is increased from 5.79 percent to 6.79 percent, both in two annual steps. e. SPTRFA. The St. Paul Teachers Retirement Fund Association (SPTRFA) basic program member contribution rate is increased from 8.0 percent to 9.0 percent and the coordinated program member contribution is increased from 5.5 percent to 6.5 percent in four annual steps. The basic program employer contribution is increased from 8.0 percent to 9.0 percent, and the coordinated program employer contribution is increased from 4.5 percent to 5.5 percent in four steps. Direct state aid to the fund and supplemental contributions terminate upon full funding of the plan. 2. Post - Retirement Increase Rate Reduction or Suspension. a. MSRS. Until the respective MSRS - administered plan achieves a 90 percent funding ratio (market value of assets as a percentage of actuarial accrued liability), the annual post- retirement adjustment rate is reduced from 2.5 percent to 2.0 percent for the MSRS General State Employees Retirement Plan (MSRS - General), the MSRS Correctional State Employees Retirement Plan (MSRS - Correctional), the Legislators Retirement Plan, the Constitutional Officers Retirement Plan, the Judges Retirement Plan; and from 2.5 percent to 1.5 percent for the State Patrol Retirement Plan. b. PERA Plans, Except PERA -P &F. Until the respective PERA - administered retirement plan other than the Public Employees Police and Fire Retirement Plan (PERA -P &F), achieves a 90 percent funding ratio on a market value of assets basis, the annual post- retirement adjustment rate is reduced from 2.5 percent to 1.0 percent for PERA - General and the Local Government Correctional Service Retirement Plan (PERA- Correctional). c. PERA -P &F. In January 2011 and January 2012, the post - retirement adjustment will be one percent in each year. In January 2013 and until the retirement fund is 90 percent funded on a market value basis. and if the retirement fund falls below 90 percent funded on a market value basis, the post- retirement adjustment will be equal to the percentage increase in the Consumer Price Index -Urban Workers All Items up to 1.5 percent annually. Upon attaining 90 percent funded on a market value basis, the post - retirement adjustment will be equal to the percentage increase in the Consumer Price Index -Urban Workers All Items up to 2.5 percent annually. d. TRA. The automatic 2.5 percent annual post- retirement adjustment is suspended for TRA for 2011 and 2012, followed by a 2.0 percent increase until the plan becomes 90 percent funded based on market value of assets. e. DTRFA. The automatic two percent post- retirement increase plus additional adjustments based on earnings in excess of 8.5 percent five -year return are replaced by a transitional provision providing no post- retirement adjustment if the funding ratio based on market value is less than 80 percent, a one percent increase if the funding ratio is at least 80 percent but less than 90 percent, and a two percent increase if the ratio is at least 90 percent. When the funding ratio based on actuarial value is at least 90 percent, the transition system is terminated and replaced by an inflation match up to five percent. Minnesota Statutes, Section 354.27, Subdivision 1, an unnecessary prior DTRFA transitional post - retirement adjustment authority provision, is repealed. f. SPTRFA. The annual post - retirement adjustment is suspended for January I, 2011. 3. Reinstitution of Minimum Waiting Period for the Initial Post - Retirement Adjustment. A retiree or other benefit recipient of any retirement plan administered by MSRS and of TRA would be required to be in receipt of the annuity or benefit for at least six months before qualifying for the initial post - retirement adjustment. 4. Refund Interest Rate Reduction. The rate of interest on refunds paid from any retirement plan administered by MSRS, PERA, TRA, or DTRFA is reduced from six to four percent annually. S2918, Summary ofthe,Conference Committee Report Page 4 5. Deferred Annuity Augmentation Rate Reduction. a. MSRS. The rate of compound increase during the deferred period on deferred retirement annuities is reduced from its current rates (three percent before age 55 and five percent after age 54 for pre - 2006 hires and 2.5 percent at any age for post -2005 hires) to two percent for the Legislators Retirement Plan, MSRS - General, MSRS - Correctional, and the State Patrol Retirement Plan. b. PERA. For PERA plans, the rate of compound increase during the deferral period on deferred retirement annuities is reduced from current rates (three percent before age 55 and five percent after age 54 for pre -2006 hires and 2.5 percent at any age for post -2005 hires) to I percent after December 31, 2010, and there will be no augmentation for any member terminating after December 31, 2011. c. TRA. The current TRA deferred annuity augmentation rates of three percent per year until age 55 and five percent per year after age 55 for pre -July 1, 2006, hires and of 2.5 percent for post -June 30. 2006, hires are reduced to two percent per year. d. DTRFA. The DTRFA deferred annuity augmentation rate is reduced to two percent for all periods occurring after July 1, 2010. 6. Elimination of the Reemaloved Retiree Earnings Limitation Deferral Account Interest. The interest payable on the deferred benefit account for reemployed retirees who exceed the earnings limitation, set at a six percent compound rate, is eliminated for MSRS - General, MSRS - Correctional, PERA- General, PERA -P &F, PERA - Correctional, TRA, and DTRFA. 7. Increased Vesting Requirements. MSRS. The minimum allowable service credit required to obtain entitlement to a retirement annuity or other retirement benefit is increased from three years to five years for plan members newly hired after June 30, 2010, for MSRS - General and the State Patrol Retirement Plan. The MSRS - Correctional vesting requirement is revised for from three years to ten years for plan members newly hired after June 30, 2010, with partial vesting after five years. PERA. For post -June 30, 2010, hires covered by PERA - General, the vesting period for retirement annuity and other benefit entitlement is increased from the current three years to five years of allowable service.. For post -June 30, 2010, hires covered by PERA -P &F and PERA - Correctional, the vesting period for retirement annuity and certain other benefit entitlements is shifted from three - year cliff vesting to scaling -up vesting (50 percent with five years of allowable service to 100 percent with ten years of allowable service. DTRFA. For post -June 30, 2010, hires, the DTRFA vesting requirement will be five years rather than three years. 8. Increased Early Retirement Reduction Factor. The amount of the retirement annuity per year before the normal retirement age is reduced upon early retirement is increased from 1.2 percent to 2.4 percent for members of the State Patrol Retirement Plan newly hired after June 30, 2010, and from 2.4 percent to 5.0 percent for members of MSRS - Correctional if employed before July 1, 2010, and retiring after June 30, 2015, or if employed after June 30, 2010. 9. Reduced Benefit Accrual Formula Percentage Rate. The percentage rate applied to a final average salary and multiplied by the number of years of allowable service in calculating a single -life retirement annuity for MSRS - Correctional is reduced from 2.4 percent per year to 2.2 percent per year for newly hired plan members after June 30, 2010. 10. Amortization Date Extension. The amortization date for MSRS - General is extended from 2020 to 2040. 11. Revised Salary Increase Actuarial Assumption. The PERA - General salary increase and payroll increase assumptions are revised as recommended by its consulting actuary in the 2004 -2008 PERA- General Quadrennial Experience Study. 12. Study of Retirement Plan Investment and Fiduciary Provisions. The State Auditor is directed to convene a study group to review the investment authority and fiduciary provisions for large and small retirement plans, with recommendations due by January 15, 2011. 13. Studv of Defined Contribution Retirement Coverage for Minnesota Public Employees. The executive directors of MSRS, PERA, and TRA are directed to study defined contribution retirement coverage and other alternatives to the current defined benefit plans and to report to the Commission by June I, 2011. 52918, Summary of the Conference Committee Report Page 5 Article 2: MSRS Administrative Provisions. The article makes administrative and other changes to the MSRS - General and to the State Patrol Retirement Plan. and to a wrongful discharge provision applicable to many Minnesota public pension plans. It expands the definition of seasonal employee to include all seasonal employees rather than just Department of Revenue seasonal employees, revises the name of the State Deferred Compensation Plan to the Deferred Compensation Plan, revises insurance withholding for public safety reemployed annuitants to avoid failure to pay insurance premiums, creates specific leave of absence provisions in the State Patrol Retirement Plan, creates a provision to address coverage errors and omitted contributions, revises the supplemental plan restriction provision by removing a prohibition against making contributions to a deferred compensation plan on behalf of volunteer firefighters in lieu of Social Security coverage, and eliminates statements in the wrongful discharge annuity repayment requirement statement regarding actions to occur if the annuity is not repaid. Article 3: Minnesota State Deferred Compensation Plan Amendments. Employers of public employees participating in the Minnesota State Deferred Compensation Plan are required to provide information to the third -party administrator of the program, who must comply with data practice requirements and who is prohibited from undertaking unrelated service or product sales solicitations. Article 4: MSRS - Unclassified State Employees Retirement Program Amendments. The definition of . "value" for the program is revised to mean the account's market value at the end of the day rather than value at the end of the month following receipt of an annuity. For employees first hired after June 30, 2010, the default coverage will remain MSRS - Unclassified but any option to transfer to MSRS - General must be made within the first seven years rather than at any time prior to termination of service with at least 10 years of service. MSRS- Unclassified employee contribution rates are indexed to MSRS - General member contribution rates. Transfers from MSRS- General to MSRS - Unclassified will be credited with six percent interest. The MSRS - Unclassified investment option provision is revised consistent with the change from monthly to daily pricing, and to permit changes in the funds used to invest an account to be made electronically rather than in writing. The MSRS - Unclassified asset withdrawal provision is revised to be consistent with daily rather than monthly valuation of accounts. The MSRS - Unclassified retirement and disability benefit accrual date provisions are revised to permit an annuity to accrue the day after receipt of a valid application or the day following termination of employment, whichever is later, rather than at the start of the next full month. The prospectus provision is amended to require the executive director to make the investment prospective available by electronic means and by permitting individuals to request hard copies, rather than by requiring distribution of a prospectus to each participant. The cap on the MSRS - Unclassified administrative fees is eliminated. Article 5: PERA Administrative Provisions. The PERA membership provisions are revised; the PERA board election provision is revised to permit use of the internet; employer reporting is clarified and new fines for employer reporting failures are imposed; employee refund treatment when erroneous contributions occur is revised; the Postretirement Option Program (PRO) is modified to permit up to four renewals and the program is extended in duration; elected county sheriffPERA -P &F annuitants are included in the Public Employees Defined Contribution Plan; the Public Employees Defined Contribution Plan membership provisions are clarified; three healthcare organizations are added to the PERA Privatization Chapter; inclusion in the PERA Privatization Chapter is permitted if employer payment is made to eliminate an expected PERA actuarial loss; the major retirement plan appeal procedure is clarified and revised; the City of Virginia is permitted to use the correction of deductions provision enacted in 2009 for City of Duluth and for the Duluth Airport; the provision for purchasing service and salary credit during period of workers' compensation where the individual is receiving partial payment from the employer is replaced with a new section which differs by excluding overtime pay from the salary used to compute the contributions, and by expanding the procedure to also apply to partial paid medical leaves, and partial paid leaves due to a budgetary or salary savings programs offered or mandated by a governmental subdivision, payment is based on the contribution rates in the applicable PERA plan and the difference between salary received during the leave or break in service and the salary received, excluding overtime, during the six - month period prior to the leave or break in service; the service credit purchase used for computing contributions for various other leave forms is revised by excluding overtime pay when determining the salary used to compute contributions required when purchasing service credit for leaves of absence when payment is made within one year of returning from a leave; and obsolete provisions are repealed. Article 6: Voluntary Statewide Lump -Sum Volunteer Firefighter Retirement Plan. The applicability of fire state aid and local volunteer fire relief association regulation is clarified. The initial benefit level for transferring defined contribution volunteer fire relief associations is clarified. A special additional municipal asset transfer provision is eliminated. A special benefit default municipal funding requirement is added. Disability pension coverage through an insurance arrangement is permitted. The voluntary statewide lump -sum volunteer firefighter retirement plan service pension levels are amended by eliminating one service pension level ($750), by adding five new service pension levels ($600, $700, S2918, Summary of the Conference Committee Report Page 6 $800, $900, and $1,250), and by grandparenting any fire department that recently selected the eliminated $750 service pension level. Article 7: TRA Service Credit Procedure Revisions. The Teachers Retirement Association (TRA) K -12 teacher service credit is modified to be a function of the teacher's salary relative to a base salary in the district rather than being based on hours of service, with the district base salary the salary paid in the prior year for the lowest Bachelor of Arts (BA) contract position and service credit will be computed monthly by dividing the teacher's monthly salary by the monthly base salary for the applicable employing unit by multiplying the result by 11.1 percent, with the result capped at 11.1 percent. so that a teacher may not earn more than I I:I percent of one full year's service credit in a month. Annual service credit is calculated by adding the monthly service credit amounts for the months in the applicable fiscal year and a teacher may not earn more than one year of service credit in a fiscal year. The changes are effective for teaching service performed after June 30, 2012. Article 8: MnSCU -TRAP Administrative Provisions. The Minnesota State Colleges and Universities System (MnSCU) is authorized to contract out for investment selection and review services for the Individual Retirement Account Plan (1RAP) with providers other than the State Board of Investment (SBI); institutions other than the SBI are permitted to provide selection and review of investment vehicles for the Higher Education Supplemental Plan; and Minnesota Statutes, Section 354C.15, a provision authorizing the MnSCU Board to redeem SBI Supplemental Investment Fund shares held by plan members who want to redirect their assets to other investments is repealed. Article 9: Actuarial Valuation Reporting Deadline Dates. The deadline date for actuarial valuation reports is set at the last day of the sixth month following the end of the retirement plan year (generally December 31) and the current experience study deadline date is extended from the first day of the eleventh month following the end of the retirement plan year (May 1) to the last day of the twelfth month following the end of the retirement plan year (June 30). Article 10: Optional Annuity Revocation Following Certain Marriage Dissolutions. Bounces back to the full annuity amount of the optional annuity form of a retired member with a post- retirement marriage dissolution if so ordered by the dissolution judgment, applicable retroactively to past marriage dissolutions, but annuity rescission prospective from the date of enactment. Article 11: Administrative Consolidation of MERF into PERA. Provides for the administrative consolidation of the Minneapolis Employees Retirement Fund (MERF) into PERA - General, effective June 30, 2010; the current and future MERF retirees would receive downsized post- retirement adjustments; the MERF Division account would have the plan's continuing liability without a shift to PERA - General; changes current MERF actuarial assumptions to appropriate PERA - General actuarial assumptions; retains the current MERF and state funding of the MERF Division with some changes which require a minimum annual payment from the employers of $27 million and a maximum not to exceed $34 million; increases annual state funding by $13.75 million in fiscal years 2012 and 2013 and by $15 million in fiscal year 2014 and thereafter until 2031 for the MERF Division within PERA - General; adds a benefit cash flow special additional employer contribution requirement for the MERF Division; provides for the eventual full merger with PERA - General; provides for the retention of the MERF Association and the disposition of MERF personnel. Article 12: Conforming Changes Related to the MERF Administrative Consolidation. Makes conforming changes to the MERF administrative consolidation into PERA - General provided for in Article 11. Article 13: Volunteer Firefighter Relief Association Modifications. Technical corrections to Minnesota Statutes, Chapters 69, 356A, and 424A are made. The 2009 break -in -service retum -to- active - firefighting authorizations are revised. Transfers of lump sum service pension amounts to the Minnesota Deferred Compensation Plan are permitted. The payout order of volunteer firefighter relief association survivor /death benefits is clarified and revised. The State Auditor is authorized to order the correction of special fund erroneous deposits. Article 14: One Person /Small Group Pension Issues. Allows certain employees of Independent School District No. 199 (Inver Grove Heights) with past uncredited employment to purchase General Employee Retirement Plan of the Public Employees Retirement Association (PERA- General) service credit at full actuarial value payment, with employing unit payment requirement, and allows a certain Minnesota State Colleges and Universities System (MnSCU) employee whose position was upgraded to elect TRA coverage retroactive to September 2007. 52918, Summary of the Conference Committee Report Page 7 Article 15: Miscellaneous Provisions. Permits furloughed University of Minnesota employees to purchase service and salary credit for a furlough period in MSRS - General or PERA - General, whichever is applicable. Adds reference to the retirement plan or plans established by the Hennepin County Medical Center in the exceptions to the general prohibition on public employers establishing primary or supplemental retirement plans for their employees, and makes certain technical corrections to other provisions as recommended by the Revisor of Statutes. cc: Mark Shepard, House Research Helen Roberts, House Fiscal Analyst Luke Kuhl, House Majority Research Margaret Martin, House Minority Research Don Crosby, Chief Clerk's Office Janis Rider, Assistant Revisor 52918, Summary of the Conference Committee Report Page 8 Tom Bottern, Senate Counsel and Research Kevin Lundeen, Senate Fiscal Analyst Daniel Hicks, Senate Majority Research Craig Sondag, Senate Minority Research Scott Magnuson, Senate Information Ric Almer, Senate Index MESSERL9 & KRAMER April 20, 2010 To: Counties Transit Improvement. Board Messerli & Kramer P.A. ATTORNEYS AT LAW 450 League of Minnesota Gilles Building 145 UnlversllyAvenue West St. Paul, Minnesota 65103.2044 main 851.2299757 fax 851.229.9787 ~%messarlikrameccom Additional olfices In: Minneapolis d, Plymouth, MN Authorized to practice law In: Minnesota, Colorado, District of Columbia, Illinois. Missouri, Montana, NawYork. South Dakota and Wisconsin Writer's contact: Re: Summary of OLA Roundtable Discussion on Governance of Transit Systems Below are highlights from the Legislative Auditor's roundtable discussion on the governance of Minnesota's transit systems. This is one of OLA's evaluation topics for 2010. The report is scheduled to be complete by January 2011. Governance of Transit Systems Legislators in attendance: Hausman, Holberg, Morrow, Carlson o The governance and funding for transit is multi - layered. New ideas are stacked on top of old ones. • Questions to consider during investigation: o What efficiencies can be created within budget constraints? • How many taxes are imposed in some parts of the state to fluid transit? Should the transit taxing district be expanded? Are MVST dollars being distributed fairly? • How has the Met Council handled their competitive bidding process? • What are the historic reasons for the opt -outs? How have these communities contributed to mass transit in the region? • Can Met Council, as our primary planner and operator of transit, handle both areas with the limited resources they have available? • What can be done to level the "playing field" (i.e, comparing metro with Greater MN, metro with subiubs, and within Minneapolis /St. Paul.). a The focus of audit will be on the problems we are currently facing within our transit structure, rather than the future of our transit needs. Ift e a e S J N[rMOn[ Waun'moa Governance of Minnesota's - - , - W- - - - Transit Systems Topic Selection Background Paper BACKGROUND In 2007, over 99 million trips statewide were taken using Minnesota's transit systems, which include buses, light rail, van pools, and other forms of public transportation. Operating costs for these systems totaled $384 million, of which $219 million came from state funds. There are 24 transit systems in the Twin Cities metropolitan area. The Metropolitan Council coordinates and funds the transit providers in its jurisdiction and operates Metro Transit, the largest metropolitan service provider, and Metro Mobility, which provides transit services required by the Americans With Disabilities Act. In addition, community agencies provide "dial -a- ride" service in some parts of the seven - county area through contracts with the Metropolitan Council. Some suburban governments have "opted out" of Metropolitan Council services and provided their own public transportation programs. Funding for transit comes from several sources, including General Fund monies and federal funds distributed through the Metropolitan Council, motor vehicle sales tax revenue set aside for transit by a 2006 constitutional amendment, sales and use taxes distributed through the Counties Transit Improvement Board, and fare revenue. Beyond the Twin Cities metropolitan area, 63 separate transit systems provide service in communities across the state with funding from federal and state sources distributed through the Minnesota Department of Transportation and revenue from the motor vehicle sales tax. Seven counties have no public transportation. The NorthStar commuter rail line from Big Lake to Minneapolis will open later this year, and proponents hope to eventually expand service to St. Cloud. Proposals also have been made for passenger rail service from the Twin Cities to Duluth and high -speed passenger rail service to Chicago. April 2009 POSSIBLE EVALUATION ISSUES 1. How is authority for governance, planning, management, operations, and funding of Minnesota's transit systems distributed among state and local governments? 2. To wliat extent do the responsibilities of the various transit agencies overlap, and is their work adequately coordinated? 3. Does the current transit funding framework provide sufficient funding to areas with differing needs? Ilow do accessibility and cost vary by location? 4. How do other states structure and fund their transit authorities? Do their experiences offer sufficient evidence to suggest that a different governance model could improve efficiency and effectiveness for Minnesota's transit systems? DISCUSSION Some legislators and interest groups have suggested that the state's multi - layered transit governance structure is poorly equipped to handle future transit challenges, particularly as suburban growth expands. Further, concerns have been raised that overlapping governance structures for funding and operating transit systems create inefficiencies, inequalities, and gaps in transit service. As currently envisioned, this would be a large project. Limiting its scope to Twin Cities - related transit would make it more feasible while addressing many important concerns. An evaluation could synthesize and summarize existing information about the roles of different service providers. However, it would be difficult to accurately predict the effects of possible governance changes. MINNESOTA OFFICE OF THE LEGISLATIVE AUDITOR 651- 296 -4708 COMMENTS ON SURVEY — BY QUESTION Question 1: Has your city had a parcel of property - with special assessments for a local improvement project attached - go into tax foreclosure? 1. At this time the property has over $80,000 in delinquent assessments and the city had to levy some $ so we would have money to make the GO Bond payment in 2010! 2. I have real issues with this. I just found out that when a property goes to tax foreclosure then the auditor's office marks all the special assessments as "paid" to clear them off their records. I found this out when I was trying to reconcile the payments we received to the county's records. We are not getting this information to let us know the process begins. The county will not let me know when it's sold, but they don't sell all their tax foreclosure property either. Why ?? We can't re- assess until we know the property has been sold. Big problem. 3. Probably. 4. The problem is more with commercial that residential. 5. Yes, and have had a few more recently. Question 2: Has the parcel sold at public auction (or will it be)? 1. Not yet as far, the county told me I would be notified. 2. It is currently for sale 3. The county will not notify the city when the property is sold to recertify the parcel. For what reason - they do not sell all the tax foreclosure property. Question 3: Was the cost of the local improvement project included in the sale price of .the property (or will it be)? 1. Not really- Due is about $30,000- County is selling at FMV- about 1/2 of what is due!!! 2. The County will now start including forfeited assessments as part of the sale price on future forfeitures. 3. Dakota County has informed us that the special assessment will be paid from proceeds first. Any balance of the special assessment unpaid will be put back on the property as a special assessment. This is /will be announced at the sale. 4. Prior to the sale we negotiated a settlement price for the special assessments. 5. Sale price might not be enough to cover all the assessments balance collected with development. 6. But sometimes sale price is less than special assessments 7. We collect from the new property owner, but it is listed on the tax forfeit list to check w /us for amounts. 8. The County usually "wipes out" the delinquent amount due when they set the "value" for the sale. 9. I believe it is negotiated between buyer and bank. 10. Should be - it is a lien against the property and properly recorded. Question 4: If the cost of the local improvement project was not included in the sale price of the parcel, will the cost of the local improvement project be reassessed against the parcel? 1. We've never had this issue come up. We've always had our special assessments paid. 2. At least' that is the sentiment right now- however, Council may change its -mind later. 3. We typically have the buyer sign a waiver and re- certify the assessment if not paid up front. 4. If the new owner doesn't come in to pay, the whole amount is certified on the next tax cycle. 5. The City has recently re- applied remaining principals on improvements on these parcels. Problem occurred in recent sale when new owner thought when the statement was read at time of sale, that this meant all of the amounts. Potential buyers are given sheet w /info to effect that jurisdiction has authority to re- apply. 6. My guess would be yes - we would reassess. 7. I was told that it would have to be reassessed. Has your city had a parcel of property - with special assessments for a local improvement project attached - go into tax foreclosure? Yes No M Do riot knav; Has the parcel sold at public auction (or will it be)? Yes mw N M Do not knvvi Was the cost of the local improvement project included in the sale price of the property (or will it be)? Yes hdo M Do not knave If the cost of the local improvement project was not included in the sale price of the parcel, will the cost of the local improvement project be reassessed against the parcel? yes Do not know, Property Tax Burden Report Eric Willette Director of Property Tax Research Minnesota Revenue 651 - 556 -6100 Eric.Willette @state.mn.us About the data • 2007 property taxes, values, and refunds — Base parcel only • 2006 income of homesteaders — taxable and nontaxable income • Four counties failed to report • Agricultural homesteads, relative homesteads and mobile homes excluded • 97 % of remaining records had income match • 1.3 million homesteads with income Determinants of Property Taxes Parcel share of tax base and total local levies These are affected by: • Level of public services • Intergovernmental aid and other non - property tax resources • Tax base composition and property tax classification system • Property tax refunds, credits, exclusions z Findings 1. Market Values 2. Net Tax ' 3. Tax Burden (Tax / Income) 4. Senior homesteads 5. Agricultural homesteads 3 1. Homestead Market Values 300,000 250,000 200,000 N N d m 150,000 E 0 x 100,000 ■Greater Minnesota 0 Metro 50,000 Ao�� y1ood+ y1yoip Sry�C3' yry�o SOT 4�oCYC9' CY�o ' �ryyocQ° �'p, �o a 3. Tax Burden (Tax /Income) Low- Average High 2 . Net Tax 250,000 200.000 N 35o0 ,00 - - Cl d = 300,000 ■ Greater MN 50,0°O ■ Metro 000 00 y O 0 00 0 0 0 3 0 O N N M M � V a VT VT O V? V} 4A V1 O [A LT V? O O O O O O N N N N M M [r aL-, i N N S/? to N N 4A 0 5 3. Tax Burden (Tax /Income) Low- Average High Burden Greater than 5% of Income Homesteads with income over $10k 35% 30% 25% E x° 20% `o u% iv% 5% 0% Ki oFa Ofi ota or o�5 Q`c Qc Q`c a S¢i h ¢aa S<� Pc \`� paw (�� •`c`Q a a�r C�¢c G¢c oar ` c¢aQ ¢cc¢ ¢mac¢ ¢cc¢ �aF ¢� L r 'o o�rS� o *as °t c �o a 5° Q �o ■ Before PTR ■ After PTR 7 Tax Burden by Income $125,000 or more 1.9 1.8 1.8 *Homesteads with Income under $10,000 not shown due to data issues 8 4. Senior status (not in report) • Senior homestead: at least one homesteader aged 65 or more liedianburden`beforeYM 'Median burden after PTR ii 5. Agricultural Homesteads ,Z Median HGA Qualifying Tax Amount April 12, 2010 1 Minnesota Department of Revenue . 1 ives Retiring Senators/Representat Speaker Margaret Anderson Kelliher (running for Governor) Representative Tom Emmer (running for Governor) ` Senator Tarryl Clark (running for Congress) Representative Randy Demmer (running for Congress) Representative Dan -Severson (running for.. Secretary of State) Senator Steve Murphy (DFL - Red Wing) Senator Steve Dille (R — Dassel) Representative. Karla Bigham (DFL — Cottage Grove) ' Representative Cy Tlao (DFL - St. Paul) Representative Marty, Seifert (R — Marshall) Senator Pat Pariseau (R — Farmington) Senator Jim Vickerman (DFL — Tracy) Representative Doug Magnus (running for Senator Vickerman's open seat) Representative Jeremy Kalin (DFL — North Branch) Senator Dennis Fredrickson (R — New.Ulm) Representative Rob Eastlund (R — Isanti) Representative Laura Brod (R — New Prague) Representative Paul Kohls (R - Victoria) Representative Larry Haws. (DFL - St. Cloud) Senator Mee Moua (DFL - St. Paul) Senator Debbie Johnson (R — Ham Lake) Representative Mary. Ellen Otremba (DFL — Long Prairie) PRIMARY DATE CHANGE 2010 Election Season Event Old Date New Date Calculation and certification of July I May I I public subsidy amounts Publication of estimated public July 5 May 17 subsidy amounts Candidate filing period July 5 - July 20 May 18 - June 1 Candidate withdrawal period ul.y 21- July 22 June 2 • June 3_ .._.......... . Campaign signs allowed August I June i5 Cutoff for $50 contributions to August 23 July 19 qualify for public funds Public subsidy agreements due to September I July 20 the Cam a' n Finance Board Pre-primary campaign finance ,August 30 July 26 . reports due Affidavit of contributions due to August 30 July 26 the Campaign Finance Board State primary election September 14 August 10 Deadline for filing a contest of a September 27 August 23 primary Public subsidy paid to elieble September 28 August 24 candidates Pre - general election financial reports due to the October 25 October 25 Campaign Finance Board General election November 2 November 2 State Canvassing Bow-d meets to November 16 November 16 certify elections