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2013-02-19_COUNCIL MEETING
r f AGENDA CITY COUNCIL MEETING CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS FEBRUARY 19, 2013 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve.) A. Approval of Minutes — Regular Meeting of February 5, 2013 and Work Session of February 5, 2013 and Closed Meeting Of February 5, 2013 B. Receive Payment Of Claims As Per: Pre -List Dated 02/07/13 , TOTAL $1,156,254.38 ; and Pre - List Dated, 02/14/2013, TOTAL $886,151.69 C. Change Order No. 1— Braemar Public Works Site Lead Abatement D. Resolution No. 2013 -22 Authorizing Metropolitan Council Sewer Rehabilitation Grant Agreement E. Request For Purchase —Contract No. PW 13 -1 Public Works Building Demolition & Disposal F. Approve Special Assessment Agreements - Richmond Hills Park G. Request For Purchase — Two 2013 Chevrolet Silverado 2500 4WD Vehicles, Public Works - Parks H. Request For Purchase - 2013 Ford F350 4WD Vehicle, Public Works — Parks I. Request For Purchase - 2013 Ford F550 Vehicle, Public Works — Utilities J. Request For Purchase - Emergency Repair Well 11, Public Works — Utilities K. Request For Purchase - 2013 Bobcat S770 Skid Loader, Public Works — Streets L. Resolution No. 2013 -23 Naming The Metropolitan Council As A Permitted Designee Of The Transit Easement At Southdale Center M. Temporary 3.2 Beer License Our Lady of Grace Church N. Resolution No. 2013 -24 Lot Division, 5809 and 5813 Tingdale Avenue O. Reappointments Human Rights & Relations Commission Agenda/Edina City Council February 19, 2013 Page 2 V. SPECIAL RECOGNITIONS AND PRESENTATIONS A. John Gunyou, Three Rivers Park District B. Gregory Banko & Jason Dockter — South View Middle School Cultural Celebration March 21, 2013 C. Chad Leqve & John Bergman — Edina NOC Membership VI. PUBLIC HEARINGS During "Public Hearings," the Mayor will ask for public testimony after City staff members make their presentations. If you wish to testify on the topic, you are welcome to do so as long 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 minutes. The Mayor may modify times, as deemed necessary. • Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. • In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A. PUBLIC HEARING — 2013 Community Development Block Grant, Resolution No. 2013 -19, (Favorable vote of majority of Council Members present to approve except where noted) B. PUBLIC HEARING - Variance Appeal, 5801 Crescent Terrace, Resolution No. 2013 -20, Favorable vote of majority of Council Members present to approve except where noted) VII. COMMUNITY COMMENT During "Community Comment," the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speaks on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staff for consideration at a future meeting. VIII. REPORTS /RECOMMENDATIONS: (Favorable vote of majority of Council Members present to approve except where noted) A. Resolution No. 2013 -21 Accepting Various Donations IX. CORRESPONDENCE AND PETITIONS A. Correspondence Agenda/Edina City Council February 19, 2013 Page 3 B. Minutes 1. Park Board, January 8, 2013 2. Art Center Board, January 24, 2013 3. Edina Transportation Commission, December 20, 2012 X. MAYOR AND COUNCIL COMMENTS XI. MANAGER'S COMMENTS XII. ADJOURNMENT EDINA HOUSING & REDEVELOPMENT AUTHORITY I. CALL TO ORDER II. APPROVAL OF MINUTES OF HRA -Regular Meeting of February 5, 2013 III. Resolution No. 2013 -03 Authorizing Open To Business Program (Favorable Vote Of Majority Of Commissioners Present To Approve) IV. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927- 886172 hours in advance of the meeting. SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS Mon Feb 18 PRESIDENTS DAY HOLIDAY OBSERVED — City Hall Closed Tues Feb 19 Work Session —1nt Mtng. With Art Center Board & Art/Cult. Wk Gr 5:30 P.M. Tues Feb 19 Regular Meeting 7:00 p.m. Tues Mar 5 Work Session —Jnt Mtng With Planning Commission 5:30 P.M. Tues Mar 5 Regular Meeting 7:00 p.m. Tues Mar 20 Work Session —1nt Mtng With Health Committee- do.town 5:30 P.M. ''jes Mar 20 Regular Meeting 7:00 p.m. es Apr 2 Work Session — Neighborhood Policy /Business Meeting 5:30 P.M. i ues Apr 2 Regular Meeting 7:00 p.m. Tues Apr 16 Work Session — TBD 5:30 P.M. Tues Apr 16 Regular Meeting 7:00 p.m. COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS COMMUNITY ROOM COUNCIL CHAMBERS r MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 5, 2013 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:05 p.m. Ih ROLLCALL Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland. Ill. MEETING AGENDA APPROVED Member Swenson made a motion, seconded by Member Bennett, approving the meeting agenda, as modified to add Items V.A., Presentation by Human Rights and Relations Commission; and, VIII.H., Boards and Commissions Discussion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Brindle made a motion, seconded by Member Sprague, approving the consent agenda as revised to remove Items IV.C., Resolution No. 2013 -18 approving Lot Division, 5700 and 5712 Grove Street; and, IV.D., Browndale Avenue Bridge Scour Repairs, Contract No. ENG13 -6NB, as follows: IV.A. Approve regular, closed session, and work session meeting minutes of January 22, 2013 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated January 24, 2013, and consisting of 31 pages; General Fund $186,916.06; Police Special Revenue $307.48; Working Capital Fund $39,284.33; Equipment Replacement Fund $3,959.08; Art Center Fund $4,452.21; Golf Dome Fund $92.52; Aquatic Center Fund $71.20; Golf Course Fund $10,911.87; Ice Arena Fund $682,145.71; Edinborough Park Fund $16,073.89; Centennial Lakes Park Fund $11,589.98; Liquor Fund $164,980.15; Utility Fund $29,580.29; Recycling Fund $34,215.56; PSTF Agency Fund $14,482.84; Centennial TIF District $13,914.68; Payroll Fund $5,577.19; TOTAL $1,218,555.04; and, for approval of payment of claims dated January 31, 2013, and consisting of 30 pages; General Fund $354,626.81; Police Special Revenue $7,940.00; Working Capital Fund $21,917.54; Equipment Replacement Fund $4,625.72; Art Center Fund $6,154.61; Aquatic Center Fund $37.41; Golf Course Fund $1,797.23; Ice Arena Fund $17,027.42; Edinborough Park Fund $18,178.49; Centennial Lakes Park Fund $3,310.73; Liquor Fund $151,547.07; Utility Fund $218,287.53; Storm Sewer Fund $5,060.00; Recycling Fund $32.93; PSTF Agency Fund $10,608.90; Centennial TIF District $1,703.00; Grandview TIF District $3,500.00; Payroll Fund $2,062.15; TOTAL $828,417.54. 1-9. Q Rar..l..• an win 2013 19 a g Lot Division 5700 and 6719 Goey., Suva IV.E. Request for Purchase, Two Smithco Sand Rakes, Braemar Golf Course, awarding the bid to the recommended low bidder, Turfwerks at $20,513.59 IV.F. Request for Purchase, Personal Protective Equipment, Fire Department, awarding the bid to the recommended low bidder, Jefferson Fire & Safety at $48,225.46 and Fire Equipment Specialties at $25,751.44 for a total purchase of $73,976.90 IV.G. Approval of 2013 Minnesota Pay Equity Implementation Report Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA Page 1 Minutes /Edina City Council /February S. 2013 IV.C. RESOLUTION NO. 2013-18 APPROVING LOT DIVISION, 5700 AND 5712 GROVE STREET— ADOPTED Community Development Director Teague answered questions of the Council relating to the narrow strip of undeveloped land to the west that was platted right -of -way for a future north /south street. He indicated the property to the north was a buildable and vacant lot, and its front yard setback would have to match the setback at 5700 Grove Street. Member Swenson introduced and moved adoption of Resolution No. 2013 -18, approving a Lot Division of 5700 and 5712 Grove Street. Member Sprague seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. IV.D. BROWNDALE AVENUE BRIDGE SCOUR REPAIRS, CONTRACT NO. ENG13 -6NB — APPROVED Engineer Houle answered questions of the Council relating to the Browndale Avenue bridge scour repairs that were expected to commence upon approval. Mr. Teague described staffs efforts to recoup costs and indicated the project had been redesigned to install oversized riprap with a boulder appearance that could withstand higher springtime flows. Member Brindle made a motion, seconded by Member Swenson, approving the Browndale Avenue bridge scour repairs, Contract No. ENG13 -6NB. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS V.A. PRESENTATION BY HUMAN RIGHTS AND RELATIONS COMMISSION Meg Newell, Human Rights and Relations Commissioner, invited all to attend the April 22, 2013, Edina Reads spring event during which the novel A Thinking Man's Bully and the negative force of bullying would be addressed. VI. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file. VI.A. VARIANCE APPEAL, 5801 CRESCENT TERRACE —CONTINUED TO FEBRUARY 19, 2013 It was noted the applicant and appellant had requested to continue consideration of the variance appeal to February 19, 2013. Member Bennett made a motion, seconded by Member Sprague, to continue consideration of Variance Appeal, 5801 Crescent Terrace, to February 19, 2013. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. Vll. COMMUNITY COMMENT No one appeared to comment. VIII. ' REPORTS / RECOMMENDATIONS VIII.A. SKETCH PLAN REVIEWED, 4412 MORNINGSIDE ROAD AND 4232 OAKDALE AVENUE Community Development Director Presentation Community Development Director Teague presented the request of the Sidell family for sketch plan review. It was noted the applicant had originally submitted a subdivision application to divide this property into eight lots with a cul -de -sac off Morningside Road to provide access to six of the new lots. That request required three variances. The Planning Commission, at its December 12, 2012, meeting recommended the applicant consider an alternative way to develop the property. As a result, the applicant prepared three alternatives that were presented to the Planning Commission on January 23, 2013, and would be presented again tonight. Mr. Teague indicated the Council was being asked to review and offer comments on the sketch plan. Proponent Presentation Frank Sidell, 4232 Oakdale Avenue, introduced Sidell family members and stated the Sidell family had lived in the Morningside area for 50 years, prior to it becoming. part of Edina, and would like to create a legacy for his father, Franklin DuBois Sidell, who liked larger lots with room for children to play, offering privacy Page 2 4 V Minutes /Edina City Council /February S. 2013 and serenity. However, his mother's goal was to maximize the value and pass it on to her children through her estate. He described the character of Morningside, finding it to be very eclectic with no two houses the same. 'Mr. Sidell stated that he had performed a walking inventory of Morningside, and that by his count the neighborhood contained 633 homes, that 65 had been rebuilt or heavily remodeled in the past years, that more than one -third had garages in the front and that more than one -third were on lots larger than 50 feet in width. Mere than ^ e third- h_ayi.,,, „ ., the 49nt and gets that .. a i.,.., r +haR feet OR v idt4. Mr. Sidell described the features and advantages of an eight -lot conforming concept requiring no variances and a modified original concept with a slight modification for a 44 -foot road right - of -way and 24-foot paved surface with a center of permeable pavers to increase infiltration. This allowed pulling the road away from the newly constructed home at 4408 Morningside Road and relocating its driveway to the cul -de -sac to increase safety. Mr. Sidell acknowledged that the conforming concept was met by resident opposition to the through street. He identified the benefits of the modified original concept as no 50 foot lots, lower housing density, need for only three minor variances, less impact on trees, and a cul -de -sac that would maintain the peace and serenity of the existing property He ack ; heweyeF, it included ne 150 feet lets, a 19weF heusing density, three FniA9F VaF*anr:es, l9weF tFee impaet, and a de Sac to n-aMt-affin the peaee and seFenity as best as possible. Mr. Sidell presented the elements in Sketch Plan A and in Sketch ;Plan ' B ', each requiring 26 variances. He stated it had been proposed to construct a sidewalk from the cul -de -sac to the City -owned lot on the corner but the family was not in favor because it was not a programmed park, the hill was too steep for a safe walkway without 65 steps and a railing; and, there was already a sidewalk 200 feet to the east on Lynn Avenue. �it was IHe noted the cul -de -sac had been proposed to save mature trees and not disturb a steep sloped area on the site. Peter Knaeble, Civil Engineer with Terra Engineering representing the proponent, advised that the variances for sketch plans A and B related only to lot size, and that other variances might be sought for construction of homes on those lots. advised the three VaFianees f the medified eFi0iRaI E pt Felat +^ '^t gkzp area. The Council discussed the elements proposed in each of the three concepts and unanimously preferred the modified original concept because it would lower density with 75 -foot lots that created pleasant space between houses that residents prefer, preserve the grand tree canopy, maintain the charm, beauty, and serenity of the original 50 -acre park -like estate. Support was expressed for the conservation easement, thoughtful rain garden feature, pervious paver roadway enhancement, and 18 -foot westerly shift in the roadway. away f. ^m the newly Astr,,,-+ ^a M ^. ,s^ Members Sprague, Brindle, and Mayor Hovland supported orientation of homes toward the cul -de -sac to create a holistic experience for neighbors and a greater sense of community. In addition, orienting the homes toward the cul -de -sac would lessen pressure on the intersections of Oakdale and Morningside by concentrating traffic starts within the cul -de -sac, and result in most of the traffic coming /going toward the new roadway instead of shining headlights towards homes along the south side of Morningside. Member (Bennett added that homes facing Morningside Road would provide a more welcoming_, safer environment for pedestrians and could have a calming effect on traffic on Morningside Road. Members Bennett and Swenson supported turning the two southernmost lots to face Morningside Road to encourage a sense of community, beyond a micro neighborhood, and engage new residents on the north side with existing residents on south side of Morningside Road. It was noted that the house to the east of the proposed cul -de -sac faces Morningside Road and while that garage could be relocated to the cul -de- sac, the front of the house and porch would face Morningside Road. The Council thanked Mr. Sidell for his thoughtful consideration of the neighborhood. Page 3 Minutes /Edina City Council /February S. 2013 t VIII.B. RESOLUTION NO. 2013 -17 — CALLING FOR A PUBLIC HEARING ON A PROJECT BY CALVIN CHRISTIAN SCHOOL OF MINNEAPOLIS — ADOPTED Finance Director Wallin indicated the resolution under consideration calls for a public hearing. It was noted that in 2008, Calvin Christian School had requested the City issue tax exempt bonding to fund a project; however, that proposal was turned down. As a result, the School obtained taxable funding and was now requesting a public hearing to convert that taxable debt into tax - exempt conduit bank qualified debt issued by the City of Lilydale. It was noted the City of Edina would have no responsibility for the debt being proposed, if approved, and the purpose of the public hearing was to provide opportunity for residents to testify. Those comments would then be forwarded to the City of Lilydale. The Council discussed the request, noting if a public hearing was held, adoption of a resolution would be required indicating the public hearing had been held and expressing the Council's consent to Lilydale to issue the debt. Steve Fenlon, 2042 Charlton Ridge, St. Paul, Midwest Healthcare Capital and the Calvin Christian School's consultant, indicated it was not contemplated that the City Edina would be required to enter into a Joint Powers Agreement, although sample documents shared with a resident had included one. He explained the School pursued a nexus issuer under Minnesota Statute that allowed the City of Lilydale, whose citizens had Calvin Christian School as an alternative for its residents, to issue the bonding note. However, the City in which the facility was located was required to hold the public hearing. The Council discussed the request. Mr. Wallin indicated the Council had approved similar conduit financing a number of times including Fairview Southdale Hospital, Vernon Terrace for senior housing, Volunteers of America for relocation of its state headquarters to Edina, and the high rise adjacent to Edinborough Park. Member Bennett distinguished those uses of conduit bonding by the public purposes served. Mr. Fenlon advised it was the role of bond counsel, not the issuer or governmental entity, to undertake a study and offer an opinion as to whether there was public good. In this case, it was for an educational alternative that was not funded by the taxpayer. He clarified when the City of Lilydale issued the note, it would not become an obligation of any taxpayer in Lilydale or Edina but would offer Calvin Christian School, a nonprofit, a reduction in overhead to operate at no cost to any citizen or city or taxpayer. Manager Neal indicated this item was reviewed by the City's bond counsel and determined it was legal to consider but discretionary, and that it was the Council's role to determine whether or not it found a public purpose. He noted Calvin Christian School could not access this form of financing unless the City of Edina held a public hearing, even if Edina was not undertaking the financing. Members Bennett and Swenson indicated they served on the Council in 2008 when this request had been considered and denied, and their position had not changed. They found the request infringed upon separation of church and state since religious training was intrinsically entwined with its education of students. Mr. Fenlon indicated in 2008, Calvin Christian School had not done an adequate job explaining the criteria and that the allocation would be clearly tied to academic, athletic, or administration. The dollars were not spent where religious training or worship occurred. Mr. Fenlon noted Calvin Christian School was a 50- year citizen of Edina that had provided an educational alternative for its residents and should warrant holding a public hearing to allow it to exist. He stated if requested, the proponent could provide a list of other religious colleges, high schools, and elementary schools allowed to use this financing through the State. In addition, the proponent was willing to bring in bond counsel to satisfy the Council's concerns related to separation of church and state. Page 4 Minutes /Edina City Council /February S. 2013 Members Brindle and Sprague stated support for the resolution to hold the public hearing as Mr. Fenlon had presented a compelling argument. In addition, there would be no recourse on the City to undertake this role. Mayor Hovland stated that while he had voted against this consideration in 2008, he supported holding a public hearing to receive input on how the secular interest would be satisfied. Member Sprague introduced and moved adoption of Resolution No. 2013 -17, calling for a public hearing on March 5, 2013 for a project by Calvin Christian School of Minneapolis. Member Brindle seconded the motion. Ayes: Brindle, Sprague, Hovland Nays: Bennett, Swenson Motion carried. VIII.C. NEW WINE & BEER LICENSES APPROVED —HELLO PIZZA, 3904 SUNNYSIDE ROAD Member Bennett disclosed that her son worked for this appellant at another location so she would recuse herself from this consideration. City Clerk Mangen presented the request of Grey Ghost Grub LLC, dba as Hello Pizza, 3904 Sunnyside Road, for new On -Sale Wine and 3.2 Beer Licenses. It was noted the applicant had filed the necessary paperwork, paid applicable fees, and inspections and investigations had been completed. Mr. Teague answered questions of the Council relating to the nonconformity of this use due to not having enough parking spaces. It was noted this use would move into the former bakery space, which was similarly under parked, but the use would not be expanded in any way. Ann Kim, 5416 Brookview Avenue, applicant, described the seating arrangement and indicated they expected slice business over lunchtime and family business in the evening that would be enhanced by offering wine /beer. Member Sprague made a motion, seconded by Member Brindle, approving an On- Sale Wine and 3.2 Beer License to Grey Ghost Grub LLC, dba as Hello Pizza, at 3904 Sunnyside Road for the period beginning February 6, 2013, and ending March 31, 2013. Ayes: Brindle, Sprague, Swenson, Hovland Nays: None Abstain: Bennett Motion carried. VIII.D. NEIGHBORHOOD BOUNDARIES AND NAMES AND THE RELATED NEIGHBORHOOD ASSOCIATION POLICY — TABLED Assistant Manager Kurt provided a summary of the Neighborhood Associations Policy, noting its purpose was to recognize neighborhood associations to facilitate communication, foster interaction, and build a better community through cooperative action. She described anticipated City support and Plan components. Ms. Kurt answered questions of the Council relating to neighborhood associations including jurisdictional sizes and viability of smaller -sized neighborhood associations, noting it had been recommended the best practice was a range between 250 and 2,000 households. She displayed a comparative maps depicting two cities, one in which association boundaries tha-t had evolved organically and another that had taken as ep ) a more holistic approach. The Council discussed the proposed process and questions were raised relating to the need for governmental intervention to create recognized neighborhood associations, name each, and identify the boundaries, especially since some neighborhood associations already exist and residents had the ability to be informed through the City's website and newsletter without creating a government -led structure. The Council acknowledged that the process, though well advertised, had identified some residents were still not aware the process was underway, demonstrating a need to establish an efficient and cost effective City -wide communication link beyond what was legally required. It was mentioned that a Neighborhood Association Policy could become part of a toolset of democratic governance to set up more participatory, Page 5 Minutes /Edina City Council /February S. 2013 deliberative and collaborative governing, providing a more dynamic approach to get residents from all areas of Edina involved. The Council discussed the concern expressed by residents of Sunnyside and Country Club to retain existing neighborhood names and boundaries as defined by the natural features of the creek and geography. Support was expressed to consider that request by creating a flexible Policy without orphan neighborhoods. The Council agreed it was a laudable intent for the City to become a better communicator with its residents and develop a greater sense of community; however, this process had not been a positive experience for all due to concern the process would result in (balkanization ..,�B of the community. The Council concurred there was need for additional conversation related to the Policy, whether to conduct a survey of "shoulder blocks," timing to allow a neighborhood name or boundary change to come forward, and whether to consider a narrower scope, such as a pilot program. Member Sprague made a motion, seconded by Member Bennett, tabling further consideration of neighborhood boundaries and names and the related Neighborhood Association Policy to a future Work Session. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII. E. CITY MANAGER EMPLOYMENT AGREEME NT—APPROVED Mayor Hovland indicated the Council met in Closed Session on January 29, 2013, regarding Mr. Neal's job performance and modified the existing contract to extend the term for two years. Mr. Neal referenced the edited agreement and indicated the City Attorney made a material change to add a cap to the City's liability, in compliance with State Code. Member Swenson made a motion, seconded by Member Sprague, approving the City Manager Employment Agreement as modified. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII. F. CITY OF EDINA AND EDINA PUBLIC SCHOOLS PARTNERSHIP GOALS —APPROVED Mr. Neal indicated the 2013 Commitment to Partnership had been developed in cooperation with Edina Public School Superintendent Dressen and was based on the November 30, 2012, joint staff meeting. It was noted the partnership goals had been approved by the School Board at its January 7, 2013, meeting. If adopted by the Council, the goals would be put into action with periodic reports provided to the Council and School Board throughout the year. Mr. Neal noted Safe Routes to School was a work plan item to accomplish in 2013. The Council agreed this topic should be taken up administratively, at the next joint meeting, or considered as an administrative amendment. Member Bennett made a motion, seconded by Member Sprague, approving City of Edina and Edina Public Schools partnership goals. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII.G. MEMORANDUM OF UNDERSTANDING WITH EDINA CRIME PREVENTION FUND, FALL INTO THE ARTS FESTIVAL —APPROVED Mr. Neal presented the proposed Memorandum of Understanding (MOU) for the annual Fall into the Arts Festival, a major fund raising event for the Edina Crime Prevention Fund. The MOU had been prepared by the City Attorney and approved by the Crime Prevention Fund Board of Directors at its January 18, 2013, meeting. The Council reviewed the language of the MOU and requested revisions under Facilities, last line, to indicate: "...shall restore full use of the park to the City within 12 hours..." Additional modifications were requested: Reimbursable Expenses, line 1, to replace the word "it" with the words "the City;" Severability, Section 16.E., change 'become' to 'becomes, Severability-to change the werd "expe%se' "expenses;" Seetien 1-6e to change"beeer�e" to "Sh^e ^m^ = ;" and, replace the word "will" with the word "shall." It was noted that contributions to projects from the Edina Crime Prevention Fund totaled $32,768. Page 6 Minutes /Edina City Council /February 5, 2013 Member Swenson made a motion, seconded by Member Bennett, approving the Memorandum of Understanding with Edina Crime Prevention Fund, Fall into the Arts Festival, as revised. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. VIII. H. BOARDS AND COMMISSIONS DISCUSSION Member Bennett made a motion, seconded by Member Swenson, approving the removal of Lisa Finsness from the Human Rights and Relations Commission, with gratitude for !her service. Ayes: Bennett, Brindle, Sprague, Swenson Nays: None Abstain: Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council's receipt of various correspondence. W.B. MINUTES: 1. VETERANS MEMORIAL COMMITTEE, OCTOBER 19, 2013 2. PLANNING COMMISSION MINUTES, JANUARY 9, 2013 3. HUMAN RIGHTS AND RELATIONS COMMISSION, NOVEMBER 27, 2012 Informational; no action required. X. MAYOR AND COUNCIL COMMENTS — Received XI. MANAGER'S COMMENTS — Received XII. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 10:26 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, February 19, 2013. James B. Hovland, Mayor Video Copy of the February 5, 2013, meeting available. Page 7 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 5, 2013 5:37 P.M. CALL TO ORDER /ROLL CALL Mayor Hovland called the meeting to .order at 5:37 p.m. in the Community Room of City Hall. Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland. Representative Ron'Erhardt entered the meeting at 5:52 p.m. Edina City Staff attending the meeting: Wayne Houle, City Engineer; Ann Kattreh, Parks and Recreation Director; Ari Klugman, City Manager Intern; Karen Kurt, Assistant City Manager; Jeff Long, Police Chief, Debra Mangen, City Clerk; Scott Neal, City Manager; and John. Wallin, Finance Director. Representative Erhardt, Mayor and City Council discussed issues of mutual interest including legislation regarding: the sale of wine in grocery stores or Sunday Sales, corporate "personhood ", extension of TIF law allowing the loan of monies for job development, the stimulus bill, changes to sales tax, various transportation issues, the state budget, potential definition of domestic partners, taxing internet sales, health care and education issues. The Mayor and Council asked that Rep. Erhardt keep it informed about relevant issues. They thanked him for his work on behalf of the City. Mayor Hovland declared the meeting adjourned at 6:47 p.m. Respectfully submitted, Minutes approved by Edina City Council, February 19, 2013., Debra A. Mangen, City Clerk James B. Hovland, Mayor MINUTES OF THE CLOSED WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 5, 2013 5:06 P.M. Mayor Hovland called the meeting to order at 5:06 p.m. Answering roll call were: Members Brindle, Sprague, Swenson and Mayor Hovland. Edina City Staff attending the meeting: Ari Klugman, City Manager Intern; Karen Kurt, Assistant City Manager; Debra Mangen, City Clerk; Scott Neal, City Manager; Bill Neuendorf, Economic Development Manager; Cary Teague, Planning Director; and ����'��Jack Rice, Real Estate Consultant. Member Brindle made a motion, seconded by Member Sprague to move into closed session to discuss potential real estate acquisitions at 5:07 p.m. Ayes: Brindle, Sprague, Swenson, Hovland Absent: Bennett Motion carried. Member Bennett entered the meeting at 5:09 p.m. Economic Development Manager Neuendorf updated the Council on the purchase of the property at 3930 West 49%2 Street. Mr. Neuendorf and Consultant Rice reported on the potential purchase of the property at 3944 West 49%2 Street. Mr. Neuendorf reported on the potential acquisition of 7370 Ohms Lane. The Council and staff discussed the level of interest, timing and potential purchase terms for each property. Member Bennett made a motion to adjourn the closed session and reconvene the work session at 5:35 p.m. Member Brindle seconded the motion. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland. Motion carried. Respectfully submitted, Minutes approved by Edina City Council, February 5, 2013. Debra A. Mangen, City Clerk James B. Hovland, Mayor CITY OF EDINA 216/2013 8:03:55 R55CKREG LOG20000 Council Check Register Page - 1 2/7/2013 —21712013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368117 2/712013 101304 ABM EQUIPMENT & SUPPLY 3,906.51 HYDRO -EX PACKAGE 00001410 307685 0134554 -IN 5923.6406 GENERAL SUPPLIES COLLECTION SYSTEMS 3,906.51 368118 21712013 124613 ABM JANITORIAL -NORTH CENTRAL 384.75 CARPET CLEANING 307500 4835409 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 384.75 368119 21712013 102971 ACE ICE COMPANY 70.80 307600 1650485 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 39.60 307601 1650481 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 42.00 307602 1650482 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 152.40 368120 21712013 129458 ACME TOOLS 49.15 SHOVELS 00001623 307269 1746116 1301.6556 TOOLS GENERAL MAINTENANCE 49.15 368121 217/2013 100617 ADAM'S PEST CONTROL 102.21 PEST CONTROL 307469 773997 5421.6102 CONTRACTUAL SERVICES GRILL 102.21 368122 21712013 121667 ADVANCED FIRST AID INC. 2,051.95 AED LIFEPAK 307521 0113 -380 5511.6406 GENERAL SUPPLIES ARENA BLDG /GROUNDS 2,051.95 368123 21712013 100575 ALL SAFE INC. 57.51 EXTINGUISHER MAINTENANCE 307268 118907 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 57.51 368124 21712013 '105991 AL'S COFFEE COMPANY 320.80 COFFEE 307522 156377 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS ; 320.80 368125 21712013 127365 AMERICAN FLEET SUPPLY 296.86 PURGE KITS, CARTRIDGES 307270 AFS- 230230024 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 296.86 368126 21712013 131638 ANDERSON, DEBRA 117.56 UTILITY OVERPAYMENT REFUND 307371 6216 VIRGINIA 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET AVE 117.56 R55CKREG LOG20000 YORK SELLING COST OF GOODS SOLD LIQUOR CITY OF EDINA COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD MIX Council Check Register 50TH ST SELLING COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD MIX VERNON SELLING 217/2013 -2r7/2013 VERNON SELLING Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 368127 21712013 102470 AON RISK SERVICES INC. OF MN 5,837.78 LIABILITY INSURANCE 307429 6100000142106 1550.6200 5,837.78 368128 21712013 103680 ARAMARK REFRESHMENT SRVCS 392.21 COFFEE 307430 1054556 1550.6406 392.21 368129 27712013 100636 ASTLEFORD 13.41 ELEMENT 00005953 307271 T344705 1553.6530 13.41 368130 21712013 129624 BARNA GUZY & STEFFEN LTD 1,200.00 DISPATCH LABOR RELATIONS 307272 111021 1120.6103 1,200.00 368131 21712013 100643 BARR ENGINEERING CO. 792.00 STORMWATER MANAGEMENT 307686 23270354.00 -195 5932.6103 3,301.50 SANITARY SEWER ANALYSIS 307687 23271180.00 -8 5923.6136 4,093.50 368132 21712013 100646 BECKER ARENA PRODUCTS INC. 391.16 PLEXI BACK UP 307523 00092842 5511.6406 391.16 368133 21712013 129649 BEHLEN, NATE 64.41 MILEAGE REIMBURSEMENT 307372 012913 5919.6104 64.41 368134 21712013 101355 BELLBOY CORPORATION 1,085.95 307563 76837800 5842.5513 753.65 307564 76838100 5862.5512 2.40- 307565 87926100 5862.5515 112.30 307603 76837900 5842.5512 100.81 307604 87909800 5822.5515 227.10 307605 76838200 5822.5513 33.17 307606 879511.00 5822.5515 293.84 307607 87951000 5862.5515 305.51 307608 6285200 5862.5515 41.00 307609 76838000 5662.5515 49.35- 307610 87926000 5822.5515 Subledger Account Description INSURANCE GENERAL SUPPLIES REPAIR PARTS 2/6/2013 8:03:55 Page- 2 Business Unit CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL EQUIPMENT OPERATION GEN PROFESSIONAL SERVICES -ADMINISTRATION PROFESSIONAL SERVICES PROFESSIONAL SVC -OTHER GENERAL SUPPLIES CONFERENCES & SCHOOLS GENERAL STORM SEWER COLLECTION SYSTEMS ARENA BLDGIGROUNDS TRAINING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD MIX 50TH ST SELLING R55CKREG LOG20000 Check# Date 368135 217/2013 Amount Supplier / Explanation 2,901.58 125139 BERNICK'S CITY OF EDINA Council Check Register 217/2013 -217/2013 PO # Doc No Inv No Account No Subledger Account Description Business Unit COST OF GOODS SOLD BEER I YORK SELLING 2/6/2013 8:03:55 Page - 3 COST OF GOODS SOLD ARENA CONCESSIONS GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL PARK ADMIN. GENERAL PLANNING CENTRAL SERVICES GENERAL EQUIPMENT MAINTENANCE 50TH ST OCCUPANCY CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS OFFICE SUPPLIES FIRE DEPT. GENERAL PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS COST OF GOODS SOLD WINE VERNON SELLING LUBRICANTS EQUIPMENT OPERATION GEN 700.00 307442 40211 5842.5514 700.00 368136 2f712013 126847 BERRY COFFEE COMPANY 337.50 COFFEE 307524 1070192 5520.5510 337.50 368137 21712013 100648 BERTELSON OFFICE PRODUCTS 38.22 PENS 307431 WO- 827746 -1 1550.6406 35.74 OFFICE SUPPLIES 307432 WO- 826343 -1 1550.6406 122.31 STORAGE BOXES 307433 WO- 825610 -1 1550.6406 3.73 SORTKWIK 307434 WO- 828118 -1 1550.6406 185.05- RETURN 307435 CP -WO- 825874 -1 1600.6406 151.47 OFFICE SUPPLIES 307501 OE- 303902 -1 1140.6406 47.54 OFFICE SUPPLIES 307502 OE- 299506 -1 1550.6406 213.96 368138 21712013 101375 BLOOMINGTON SECURITY SOLUTIONS 146.00 REPAIR SAFE LOCK 307436 580921 5821.6215 30.00 DRILL OUT LOCK 00006352 307470 S80740 5422.6180 176.00 368139 217/2013 122688 BMK SOLUTIONS 143.20 STAMPERS 00003550 307525 83822 1470.6513 143.20 368140 217/2013 131553 BOTTS, JENNEA 93.00 SPRING CLASS REFUND 307693 020113 5511.6136 93.00 368141 21712013 119351, BOURGET IMPORTS 563.50 307566 111833 5862.5513 563.50 368142 21712013 103254 BRO -TEX INC. 229.78 RECYCLE SORBENTS 307273 428858 1553.6584 229.78 368143 21712013 100144 BUREAU OF CRIMINAL APPREHENSIO Business Unit COST OF GOODS SOLD BEER I YORK SELLING 2/6/2013 8:03:55 Page - 3 COST OF GOODS SOLD ARENA CONCESSIONS GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL PARK ADMIN. GENERAL PLANNING CENTRAL SERVICES GENERAL EQUIPMENT MAINTENANCE 50TH ST OCCUPANCY CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS OFFICE SUPPLIES FIRE DEPT. GENERAL PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS COST OF GOODS SOLD WINE VERNON SELLING LUBRICANTS EQUIPMENT OPERATION GEN R55CKREG LOG20000 50TH ST SELLING COST OF GOODS SOLD MIX CITY OF EDINA 50TH ST SELLING COST OF GOODS SOLD BEER YORK SELLING HEAT Council Check Register TELEPHONE DISTRIBUTION TELEPHONE CENT SVC PW BUILDING 2f7/2013 -2f7/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 165.00 BACKGROUND CHECKS 307719 020413 1550.6103 165.00 368144 2712013 131549 CAPITAL CITY RESTAURANT SUPPLY 3,727.81 REFRIGERATED DISPLAY CASE 307696 1733907 5511.6406 1,614.27 PIZZA CONVEYER OVEN 307697 1733910 5511.6406 5,342.08 368145 2!712013 119455 CAPITOL BEVERAGE SALES 131.95 307396 230152 5822.5514 34.40 307611 231550 5842.5515 1,664.30 307612 231553 5822.5514 5,056.55 307613 231552 5842.5514 6,887.20 368146 21712013 116683 CAT & FIDDLE BEVERAGE 350.00 307397 95072 5842.5513 962.18 307443 95188 5842.5513 1,312.18 368147 21712013 129923 CAWLEY 51.46 NAME BADGES 307274 V141664 1500.6103 51.46 368148 21712013 112561 CENTERPOINT ENERGY 6,455.03 5591458-4 307275 5591456 -1/13 1551.6186 2,954.88 5546504 -1 307276 5546504 -1/13 1470.6186 87.01 9546705 -6 307277 9546705 -1/13 5913.6186 19.24 5528973-0 307278 5528973 -1/13 1552.6186 27.30 9724639 -1 307526 9724639 -1/13 5511.6186 9,543.46 368149 217/2013 123898 CENTURYLINK 56.62 952 920 -8632 307279 8632 -1/13 5913.6188 121.93 952 831 -0024 307373 0024 -1/13 1552.6188 56.40 952 929 -0297 307698 0297 -1113 4090.6188 323.42 952 927 -8861 307699 8861 -1/13 1554.6188 41.83 952 822 -9246 307720 9246 -1/13 1400.6168 600.20 368150 21712013 117187 CHEM SYSTEMS LTD 510.86 MULTI PURPOSE CLEANER, SPONGES 307527 517403 5511.6511 2/6/2013 8:03:55 Page - 4 Subledger Account Description Business Unit PROFESSIONAL SERVICES CENTRAL SERVICES GENERAL GENERAL SUPPLIES ARENA BLDG/GROUNDS GENERAL SUPPLIES ARENA BLDG/GROUNDS COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD BEER 50TH ST SELLING COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING PROFESSIONAL SERVICES CONTINGENCIES HEAT CITY HALL GENERAL HEAT FIRE DEPT. GENERAL HEAT DISTRIBUTION HEAT CENT SVC PW BUILDING HEAT ARENA BLDG/GROUNDS TELEPHONE DISTRIBUTION TELEPHONE CENT SVC PW BUILDING TELEPHONE 50TH&FRANCE MAINTENANCE TELEPHONE CENT SERV GEN - MIS TELEPHONE POLICE DEPT. GENERAL CLEANING SUPPLIES ARENA BLDGIGROUNDS CITY OF EDINA 2/6 /2013 8:03:55 R55CKREG LOG20000 Council Check Register Page - 5 217/2013 — 2/7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 510.86 368151 2/7/2013 101264 CHET'S SAFEY SALES INC. 116.00 SAFETY BOOTS 307374 S10369 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 116.00 368152 21712013 131665 CHURILLA, TIFFANY 93.00 SPRING CLASS REFUND 307695 020113 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS 93.00 368153 2/712013 130477 CLEAR RIVER BEVERAGE CO 115.50 307614 2413 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 115.50 368154 2/7/2013 100692 COCA -COLA REFRESHMENTS 246.60 307517 0198116018 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 203.00 307615 0178026613 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 449.60 368155 21712013 129820 COLLIERS INTERNATIONAL 892.18 FEB 2013 MAINTENANCE 307375 020113 5841.6103 PROFESSIONAL SERVICES YORK OCCUPANCY 892.18 368166 21712013 120433 COMCAST 6.80 8772 10 614 0373022 307437 373022 -1/13 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 115.94 8772 10 614 0396908 307471 396908 -1/13 5760.6105 DUES & SUBSCRIPTIONS CENTENNIAL LAKES ADMIN EXPENSE 82.46 8772 10 614 0165667 307472 165667 -1/13 5424.6406 GENERAL SUPPLIES RANGE 205.20 368167 2/712013 121267 CREATIVE RESOURCES 4,129.06 BIRTHDAY T-SHIRTS 307528 18737 5720.5510 COST OF GOODS SOLD EDINBOROUGH OPERATIONS 4,129.06 368158 21712013 102791 D2 SERVICES INC. 2,800.00 SCADA PROGRAMMING 00001648 307280 10304 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 2,800.00 368159 21712013 100710 DAVE'S DAIRY 17.43 DAIRY PRODUCTS 307503 123112 5421.5510 COST OF GOODS SOLD GRILL 17.43 368160 21712013 102478 DAY DISTRIBUTING CO. R55CKREG LOG20000 1,800.00 CITY OF EDINA 2/6/2013 8:03:55 368162 2/712013 Council Check Register Page - 6 683.33 2/7/2013 -217/2013 31036 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 921.10 DIRECT MAIL COUPON 307398 685612 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,520.70 307444 686523 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 43.00 307445 686524 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,725.10 307616 686525 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 6,068.00 217/2013 307617 686526 5842.5514 COST OF GOODS SOLD BEER' YORK SELLING 11,277.90 864.00 CARAMEL CORN 307701 1585 368161 2/712013 131551 DELANEY CONSULTING LLC 1588 936.00 600.00 LIQUOR STORES CONSULTING 307700 1263 5820.6103 PROFESSIONAL SERVICES 50TH STREET GENERAL 600.00 LIQUOR STORES CONSULTING 307700 1263 5840.6103 PROFESSIONAL SERVICES LIQUOR YORK GENERAL 600.00 LIQUOR STORES CONSULTING 307700 1263 5860.6103 PROFESSIONAL SERVICES VERNON LIQUOR GENERAL 5822.6122 5842.6122 5862.6122 3301.6103 5520.5510 5730.5510 5842.5515 1470.6104 1130.6103 1553.6530 ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING PROFESSIONAL SERVICES PIR DS REVENUES COST OF GOODS SOLD ARENA CONCESSIONS COST OF. GOODS SOLD EDINBOROUGH CONCESSIONS COST OF GOODS SOLD MIX YORK SELLING CONFERENCES & SCHOOLS FIRE DEPT. GENERAL PROFESSIONAL SERVICES REPAIR PARTS COMMUNICATIONS EQUIPMENT OPERATION GEN 1,800.00 368162 2/712013 112663 DOLLARS & SENSE 683.33 DIRECT MAIL COUPON 307376 31036 683.33 DIRECT MAIL COUPON 307376 31036 683.34 DIRECT MAIL COUPON 307376 31036 2,050.00 368163 21712013 100730 DORSEY & WHITNEY LLP 400.00 DRAFT RESOLUTION 307504 1849831 400.00 368164 217/2013 129716 DREW'S CONCESSIONS LLC 864.00 CARAMEL CORN 307701 1585 72.00 CARAMEL CORN 00001588 307702 1588 936.00 368165 21712013 102340 EDMUNDS, LIZ 280.80 307399 982 280.80 368166 21712013 1 125415 EHMILLER, DAVID 385.00 BLUE CARD TRAINING FEE 307703 013113 385.00 368167 21712013 131546 ELRICK, DREW 243.75 EDINA 16 LOGO 307529 EDI -001 243.75 368168 21712013 127590 ETTERMAN ENTERPRISES 446.20 FUSES, BULBS, RELAYS 00005944 307281 191589 5822.6122 5842.6122 5862.6122 3301.6103 5520.5510 5730.5510 5842.5515 1470.6104 1130.6103 1553.6530 ADVERTISING OTHER 50TH ST SELLING ADVERTISING OTHER YORK SELLING ADVERTISING OTHER VERNON SELLING PROFESSIONAL SERVICES PIR DS REVENUES COST OF GOODS SOLD ARENA CONCESSIONS COST OF. GOODS SOLD EDINBOROUGH CONCESSIONS COST OF GOODS SOLD MIX YORK SELLING CONFERENCES & SCHOOLS FIRE DEPT. GENERAL PROFESSIONAL SERVICES REPAIR PARTS COMMUNICATIONS EQUIPMENT OPERATION GEN CITY OF EDINA 2/6/2013 8:03:55 R55CKREG LOG20000 Council Check Register Page - 7 2f7/2013 - 2!712013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 446.20 368169 21712013 104195 EXTREME BEVERAGE LLC. 67.00 307618 125 -2581 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 67.00 368170 21712013 100146 FACTORY MOTOR PARTS COMPANY 255.86 WASHER FLUID 307282 1- 4089028 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 255.86 368171 21712013 100756 FEDERAL EXPRESS 58.49 SHIPPING CHARGE 307721 2- 158 -52573 1400.6235 POSTAGE POLICE DEPT. GENERAL 58.49 368172 21712013 126004 FERGUSON WATERWORKS . 1,655.67 METERS 00001646 307283 0009042 5917.6530 REPAIR PARTS METER REPAIR 2,554.97 METERS 00001652 307284 0009179 5917.6530 REPAIR PARTS METER REPAIR 171.11 REPAIR CLAMP 00001535 307530 0007912 -1 5913.6406 GENERAL SUPPLIES DISTRIBUTION 2,784.44 METERS 00001535 307531 0009948 5917.6530 REPAIR PARTS METER REPAIR 7,166.19 368173 21712013 122683 FIRE SAFETY USA INC. 395.67 BATTERY CHARGER 00005978 307285 58023 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 395.67 368174 2f712013 119211 FIRSTLAB 222.00 RANDOM DRUG TESTS 307286 00606376 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 222.00 368175 2/712013 1101603 FLAHERTY'S HAPPY TYME CO. 159.25 307567 013113 -50TH 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 518.70 307568 123112 -YORK 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 368.55 307569 013113 - VERNON 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,046.50 368176 217/2013 125460 FRIENDS OF FIRKIN LLC 370.00 300263 1170 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 370.00 368177 21712013 '100764 G & K SERVICES 15.00 SHOP TOWELS 307473 1006313113 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 15.00 SHOP TOWELS 307474 1006335372 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS R55CKREG LOG20000 64.41 CITY OF EDINA 307377 012913 5919.6104 CONFERENCES & SCHOOLS Council Check Register 64.41 2/7/2013 -2f7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 30.00 368178 21712013 00008034 100768 GARTNER REFRIGERATION & MFG IN 9041547564 5511.6406 GENERAL SUPPLIES ARENA BLDGIGROUNDS 26,686.00 R22 EQUIPMENT REPAIRS 307715 41042 5521.6180 CONTRACTED REPAIRS 307290 9044361047 26,686.00 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 368179 21712013 118941 GLOBALSTAR USA 9046544525 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 46.33 R -91 PHONE 307532 4474905 1470.6188 TELEPHONE 307475 9038250115 46.33 GENERAL SUPPLIES GOLF CARS 368180 . 21712013 00006119 102540 GOERGEN, DAVID 9039317442 5422.6406 2/6/2013 8:03:55 Page- 8 Business Unit ARENA ICE MAINT FIRE DEPT. GENERAL 64.41 MILEAGE REIMBURSEMENT 307377 012913 5919.6104 CONFERENCES & SCHOOLS TRAINING 64.41 368181 21712013 101103 GRAINGER 1,107.23 TWO- -WAY RADIOS 00008034 307289 9041547564 5511.6406 GENERAL SUPPLIES ARENA BLDGIGROUNDS 17.13 TEST PROBE 00001618 307290 9044361047 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 17.13- CREDIT 307291 9046544525 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 150.91 EYE WASH CARTRIDGES 00006118 307475 9038250115 5423.6406 GENERAL SUPPLIES GOLF CARS 54.51 PAINT HARDENER 00006119 307476 9039317442 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 311.46 CORNER GUARDS 00001600 307533 9038250107 5861.6406 GENERAL SUPPLIES VERNON OCCUPANCY 285.23 COLD CATHODE LAMPS 00002275 307534 9046502135 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 1,909.34 368182 21712013 124711 GRANDVIEW TIRE & AUTO - CAHILL 54.95 ALIGNMENT 00005989 307287 48326 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 39.95 CHECKALIGNMENT 00005956 307288 48368 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 94.90 368183 21712013 102217 GRAPE BEGINNINGS INC 681.00 307570 148648 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 282.75 307619 148647 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 963.75 368184 21712013 101518 GRAUSAM, STEVE 141.82 MILEAGE REIMBURSEMENT 307704 JAN 2013 5840.6107 MILEAGE OR ALLOWANCE LIQUOR YORK GENERAL 141.82 368185 21712013 100790 HACH COMPANY 446.00 REAGENTS 00001587 307292 8104933 5915.6406 GENERAL SUPPLIES WATER TREATMENT 446.00 CITY OF EDINA 216/20.- 'd:03:55 R55CKREG LOG20000 Council Check Register Page - 9 21712013 —217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368186 21712013 103725 HAMER, STEVE 64.41 MILEAGE REIMBURSEMENT 307378 012913 5919.6104 CONFERENCES & SCHOOLS TRAINING 64.41 368187 21712013 125270 HARTFORD -PRIORITY ACCOUNTS 3,462.36 PREMIUM 307705 6194524 -2 9900.2033.16 LTD - 99 PAYROLL CLEARING 3,462.36 368188 21712013 122150 HAUER, NORM 75.00 CARICATURE ARTIST 2/10/13 307379 SUPER SUNDAY 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION PARTY 75.00 368189 21712013 100797 HAWKINS INC. 6,342.30 CHEMICALS 00005243 307293 3426812 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 6,342.30 368190 2/712013 128208 HEINZMAN, DAN 47.38 2013 UNIFORM PURCHASE 307294 012413 5913.6201 LAUNDRY DISTRIBUTION 47.38 368191 21712013 115599 HENNEPIN COUNTY ATTORNEYS OFF 63.15 DWI FORFEITURE 307477 013113 2340.6103 PROFESSIONAL SERVICES DWI FORFEITURE 63.15 368192 21712013 106371 . HENNEPIN COUNTY MEDICAL CENTER 2,475.08 MEDICAL DIRECTOR SERVICES 307706 QB21773 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 2,475.08 368193 21712013 _ 101503 HENNEPIN COUNTY PUBLIC RECORDS 100.00 TRUST ACCOUNT 120 307380 013013 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 100.00 368194 2/712013 103753 HILLYARD INC - MINNEAPOLIS 265.18 FOAM WASH, SANITIZER 307535 600558630 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 265.18 368195 21712013 100805 HIRSHFIELD'S 107.38 PAINT 00006128 307478 03042890 5410.6406 GENERALSUPPLIES GOLF ADMINISTRATION 107.38 368196 21712013 1104375 HOHENSTEINS INC. R55CKREG LOG20000 CITY OF EDINA 2/6/2013 8:03:55 Council Check Register Page - 10 2/7/2013 - 2!7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 541.00 307400 632540 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,824.13 307401 633424 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,970.00 307446 633722 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 774.54 307447 633425 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,943.50 307620 633721 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 8,053.17 368197 2/712013 101774 HONEYWELL INC. 189.97 ALARM REPAIRS 307295 5225247194 5511.6180 CONTRACTED REPAIRS ARENA BLDG/GROUNDS 189.97 368198 21712013 131541 HOUGEN, JEANE 25.00 AMBULANCE OVERPAYMENT 307381 013013 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 25.00 368199 21712013 120883 HUBBARD, BRIAN 33.28 CONFERENCE EXPENSES 307722 012813 1400.6107 MILEAGE OR ALLOWANCE POLICE DEPT. GENERAL 58.37 CONFERENCE EXPENSES 307722 012813 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 91.65 368200 21712013 102688 IAFC 229.00 DUES 307707 020113 1470.6105 DUES & SUBSCRIPTIONS FIRE DEPT. GENERAL 229.00 368201 27712013 112628 ICEE COMPANY, THE 415.84 CONCESSION PRODUCT 307536 2022888 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 415.84 368202 21712013 100814 INrr-LCO PLASTICS CORP. 69.21 PVC 00001612 307296 751768 5912.6406 GENERAL SUPPLIES WELL HOUSES 469.96 PVC PIPE, VALVES 00001641 307297 752194 5912.6406 GENERAL SUPPLIES WELL HOUSES 539.17 368203 21712013 131548 INNOVATIVE OFFICE SOLUTIONS LL 221.01 CLASS FORMS 307688 IN0185053 5510.6575 PRINTING ARENA ADMINISTRATION 221.01 368204 21712013 129077 IVERSON, TRAVIS 64.41 MILEAGE REIMBURSEMENT 307382 012913 5919.6104 CONFERENCES & SCHOOLS TRAINING 64.41 368206 21712013 100741 JJ TAYLOR DIST. OF MINN R55CKREG LOG20000 CITY OF EDINA 216/201s 8:03:55 Council Check Register Page - 11 217/2013 - 2/7/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 118.30 307402 2029207 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 3,204.54 307403 2029206 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 17.55 307518 2029258 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 30.96- 307519 2029256 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,423.09 307571 2029244 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6,820.65 307621 2029257 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,990.95 307622 2029243 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 14,544.12 368207 21712013 100836 JOHNSON BROTHERS LIQUOR CO. 1,872.17 307404 1486713 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 462.70 307405 1486716 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,025.06 307406 1486719 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 91.12- 307407 563731 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,882.33 307572 1491667 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 193.80 307573 1491672 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 455.60 307574 1491669 5662.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,687.55 307575 1491671 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,036.62 307576 1491670 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,563.96 307577 1491649 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 31.60- 307578 564753 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 67.78- 307579 564285 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 15.80- 307580 564104 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 156.68 307623 1491644 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 4,190.72 307624 1491647 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,119,28 307625 1491651 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,729.42 307626 1491668 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,002.95 307627 1491666 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 289.18 307628 1492981 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,324.30 307629 1492983 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 113.96 307630 1492982 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 8,277.53 307631 1492980 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,957.82 307632 1491664 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,985.43 307633 1491662 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 112.58 307634 1491661 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,566.88 307635 1491659 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 41.98 307636 1491663 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 8,276.41 307637 1491657 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 375.48 307638 1491648 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,422.16 307639 1491654 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 66.74 307640 1491655 5842.5515 COST OF GOODS SOLD MIX YORK SELLING R55CKREG LOG20000 CITY OF EDINA 2/6/2013 8:03:55 Council Check Register Page- 12 2!712013 -21712013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 455.60 307641 1491658 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 4,309.63 307642 1491660 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,294.36 307643 1491665 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 121.12- 307644 564284 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 34.22- 307645 564752 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58,887.24 368208 21712013 131540 KANE, SHERYL 1,879.00 AMBULANCE OVERPAYMENT 307383 KADAIRE M KANE 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,879.00 368209 21712013 111018 KEEPRS INC. 546.28 UNIFORMS 00003537 307537 205495 -1 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 45.89 00003507 307538 204453 -01 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 435.44 00003537 307539 205495 -02 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 182.72 00003537 307540 205495 -03 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 1,210.33 368210 21712013 131539 KINGSRUD, ART 56.00 PERMIT REFUND 307384 ED119500 1495.4111 BUILDING PERMITS INSPECTIONS 56.00 368211 21712013 118456 KNOLLMAIER, LAURA 82.64 PETTY CASH 307385 013013 5760.6406 GENERAL SUPPLIES CENTENNIAL LAKES ADMIN EXPENSE 104.80 PETTY CASH 307385 013013 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 187.44 368212 21712013 116776 KUSTOM KARRIERS 153.74 DWI TOW 307479 013113 2340.6103 PROFESSIONAL SERVICES DWI FORFEITURE 153.74 368213 21712013 131159 LAKE STATE CONCRETE LLC 470.00 CONCRETE BRICK WORK 307689 CONCESSION 5500.1785 CONCESSION EQUIP ICE ARENA BALANCE SHEET STAND 470.00 368214 21712013 100852 LAWSON PRODUCTS INC. 739.34 WASHERS, NUTS, FITTINGS 00005985 307298 9301386291 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 739.34 368215 21712013 131165 LEGACY COMPANIES INC. 1,000.00 PROGRESS BILLING FOR RESTR0000S02332 307480 7322 5750.1720 BUILDINGS CENTENNIAL LAKES BALANCE SHEET R55CKREG LOG20000 CITY OF EDINA 216 /2013 8:03:55 Council Check Register Page - 13 2/7/2013 — 2/7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,000.00 368216 2/712013 131554 LINDBERG, KRISTIN 93.00 SPRING CLASS REFUND 307694 020113 5511.6136 PROFESSIONAL SVC - OTHER. ARENA BLDG/GROUNDS 93.00 368217 21712013 112577 M. AMUNDSON LLP 722.96 307408 146187 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 722.96 368218 217/2013 100864 MACQUEEN EQUIPMENT INC. 610.80 WELDMENT, SCRAPER, CLAMP 00005952 307299 2131006 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 610.80: 368219 21712013 116611 MAILE ENTERPRISES INC. 180.18 HYDRANT MARKERS 00001558 307300 011513 5913.6406 GENERAL SUPPLIES DISTRIBUTION 180.18 368220 21712013 100866 MAMA 45.00 MEMBERSHIP - KAREN KURT 307708 2013 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 45.00 368221 21712013 100869 MARTIN- MCALLISTER 1,300.00 PERSONNEL EVALUATIONS 307709 8286 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 1,300.00 368222 21712013 102600 MATRIX COMMUNICATIONS INC 192.38 INTERCOM REPAIRS 307541 69186 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 192.38 368223 21712013 126941 MCQUAY INTERNATIONAL 1,111.00 HVAC REPAIRS 307542 2588188 5511.6180 CONTRACTED REPAIRS ARENA BLDGIGROUNDS 671.25 BOILER REPAIR 307543 2588464 5511.6180 CONTRACTED REPAIRS ARENA BLDGIGROUNDS 1,782.25 368224 . 21712013 129636 MELANDER, MARK 50.41 PRINTER INK 307716 012413 1400.6513 OFFICE SUPPLIES POLICE DEPT. GENERAL 50.41 366225 21712013 101483 MENARDS 65.10 PAINT, ROLLERS 00006122 307481 15758 5420.6406 GENERAL SUPPLIES CLUB HOUSE 65.10 R55CKREG LOG20000 CITY OF EDINA 2/6/2013 8:03:55 Council Check Register Page - 14 2/7/2013 - 2!7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368226 21712013 100685 METRO SALES INC 413.95 COPIER USAGE 00006132 307505 498147 5410.6575 PRINTING GOLF ADMINISTRATION 329.92 2012 BLACK & COLOR OVERAGES 307506 51746A 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 743.87 368227 21712013 118464 MIDWESTTESTING 40.00 METER TEST 00001643 307301 2706 5917.6180 CONTRACTED REPAIRS METER REPAIR 40.00 368228 21712013 130635 MILLNER, CHAD 200.00 NASTT MEMBERSHIP 307438 013013 1260.6105 DUES & SUBSCRIPTIONS ENGINEERING GENERAL 200.00 368229 21712013 101638 MINNESOTA DEPARTMENT OF HEALTH 150.00 PLAN REVIEW FEE 307497 013013 05531.1705.20 CONSULTING DESIGN BRAEMAR HILLS B RECON 150.00 368230 21712013 101537 MINNESOTA POLLUTION CONTROL AG 125.00 SOIL REMEDIATION 307386 7700005556 05535.1705.20 CONSULTING DESIGN PW BRAEMAR SITE LEAD ABATEMENT 125.00 368231 21712013 101637 MINNESOTA POLLUTION CONTROL AG 23.00 CERTIFICATION RENEWAL -G. WELLS 307387 SB -7027 5919.6260 LICENSES & PERMITS TRAINING 23.00 368232 21712013 101459 MINNESOTA RECREATION & PARKAS 70.00 GENERAL MEETING REGISTRATION 307302 7618 1600.6104 CONFERENCES & SCHOOLS PARK ADMIN. GENERAL 100.00 JOB POSTING 307303 7630 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 170.00 368233 21712013 128914 MINUTEMAN PRESS 448.16 UTILITY RATE STUFFERS 307304 12783 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 11.82 POSTERS 00006133 307482 12777 5410.6575 - PRINTING GOLF ADMINISTRATION 459.98 368234 2!712013 102812 MN DEPARTMENT OF LABOR & INDUS 420.00 PENALTY FEE 307723 83169078071 5510.6136 PROFESSIONAL SVC - OTHER ARENA ADMINISTRATION 420.00 368235 21712013 100906 MTI DISTRIBUTING INC. 1,321.53 REEL GRINDER MOTOR 307483 885236 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS R55CKREG LOG20000 CITY OF EDINA 2/6/2013 8:03:55 Council Check Register Page - 15 217/2013 - 217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 77.16 SHIELDS, SCREWS, NUTS 00006353 307484 885753 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 377.78 BEDKNIFE 00006311 307485 885377 -01 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 231.01 BEARINGS 00006357 307486 886365 -00 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 2,418.00 IRRIGATION BOARD REPAIRS 00006298 307487 885914 -00 5422.6180 CONTRACTED REPAIRS MAINT OF COURSE & GROUNDS 4,425.48 368236 21712013 100916 MUZAK LLC 81.98 MUSIC SERVICES 307305 900AGO9261 5861.6406 GENERAL SUPPLIES VERNON OCCUPANCY 81.98 368237 21712013 100076 NEW FRANCE WINE CO. 235.00 307448 79100 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 657.00 307449 79099 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 91.50 307581 79101 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 430.00 307581 79101 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,413.50 368238 21712013 104350 NIKE USA INC. 34.63 POLO SHIRT 307488 947415935 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 34.63 368239 2/712013 115616 NORTH IMAGE APPAREL INC. 60.00 2013 UNIFORMS 00005604 307306 NIA6097 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 99.60 2013 UNIFORMS 00005604 307306 NIA6097 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 160.55 2013 UNIFORMS 00005604 307306 NIA6097 1552.6511 CLEANING SUPPLIES CENT SVC PW BUILDING 317.20 2013 UNIFORMS 00005604 307306 NIA6097 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 455.40 2013 UNIFORMS 00005604 307306 NIA6097 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 727.20 2013 UNIFORMS 00005604 307306 NIA6097 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 1,439.80 2013 UNIFORMS 00005604 307306 NIA6097 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 3,655.30 2013 UNIFORMS 00005604 307306 NIA6097 5913.6201 LAUNDRY DISTRIBUTION 4,730.75 2013 UNIFORMS 00005604 307306 NIA6097 1646.6201 LAUNDRY BUILDING MAINTENANCE 5,941.90 2013 UNIFORMS 00005604 307306 NIA6097 1301.6201 LAUNDRY GENERAL MAINTENANCE 17,587.70 368240 21712013 100930 NORTHWESTERN TIRE CO. 244.53 FLOOR DRY 307544 1 -23712 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 244.53 368241 21712013 130141 DENO DISTRIBUTION LLC 420.70 307409 1133 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 483.00 307646 1139 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 903.70 R55CKREG LOG20000 CITY OF EDINA 216/2013 8:03:55 Council Check Register Page - 16 2!7/2013 - 2f7/2013 Check # Date Amount Supplier/ Explanatlon PO # Doc No Inv No Account No Subledger Account Description Business Unit 368242 217/2013 103578 OFFICE DEPOT 59.85 OFFICE SUPPLIES 307307 640166341001 5510.6406 GENERAL SUPPLIES _ ARENA ADMINISTRATION 26.71- RETURN 307489 641024138001 5410.6406 GENERALSUPPLIES GOLF ADMINISTRATION 33.14 368243 2f712013 101659 ORKIN PEST CONTROL 134.16 PEST CONTROL 307439 80861492 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 134.16 368244 21712013 130454 OVEN HEARTH WHOLESALE BAKERY 103.08 CONEY BUNS 307545 320145 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 103.08 368245 21712013 100347 PAUSTIS S SONS 988.00 307410 8385041 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 969.18 307450 8385870 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,233.62 307451 8385863 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 694.81 307647 8385867 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING - 562.52 307648 8386288 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,448.13 368246 2f712013 125492 PAYPAL INC. 39.95 MONTHLY FEE 307710 21608112 5910.6155 BANK SERVICES CHARGES GENERAL (BILLING) 39.95 368247 21712013 100945 PEPSI -COLA COMPANY 418.68 307546 07972858 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 75.00- 307547 07972859 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 343.68 368248 2/712013 100743 PHILLIPS WINE & SPIRITS 964.32 307411 2368295 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 33.12- 307412 3498318 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 10.67- 307413 3498370 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 45.99 307582 2371579 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,244.25 307583 2371578 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 295.84 307584 2371570 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,666.59 307585 2371576 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 330.78 307586 2371577 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 24.00- 307587 3498320 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4.67- 307588 3498319 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 Check # Date Amount Supplier / Explanation 327.84 717.60 1,184.68 665.67 166.00 806.00 9,345.10 368249 21712013 124176 PINNACLE DISTRIBUTING 307520 17405 307589 17406 368250 21712013 CITY OF EDINA 101138 PLEAA 216/2013 8:03:55 Council Check Register Page - 17 DUES (6) 2/7/2013 - 2/7/2013 307724 2013 PO # Doc No Inv No Account No Subledger Account Description Business Unit 307649 2371569 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 307650 2371575 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 307651 2371573 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 307652 2371568 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 307653 2371841 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 307654 2371574 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 307520 17405 307589 17406 368250 21712013 101138 PLEAA 210.00 DUES (6) 307724 2013 210.00 368251 2/712013 106152 POWERPLAN 52.57 GASKETS, PLUGS 00005946 307388 P93537 35.27 PLUGS 00005946 307389 P93538 58.74 PLUGS 00005946 307390 P93616 146.58 368252 21712013 124741 POYTHRESS, MATT 25.00 REIMBURSE FOR SAFETY GLASSES 307308 012813 112.00 TUITION REIMBURSEMENT 307309 012913 137.00 368253 21712013 106322 PROSOURCE SUPPLY 551.44 TISSUE, LINERS, GLOVES 00002281 307548 5892 450.13 GLOVES, WASTE CONTAINERS 00008039 307549 5889 1,001.57 368254 21712013 .118956 QUINN, RYAN 8.64 JURY DUTY MILEAGE 307711 020113 8.64 368265 21712013 106807 RAY ALLEN MANUFACTURING CO. IN 73.80- CREDITONACCOUNT 307717 CM71433 -3 912.80 KENNEL, HELMET, EQUIPT BAG 00003132 307725 287341 1,350.00 TRAINING SUIT 00003132 307726 287341 -2 2,189.00 5842.5515 5862.5515 1400.6105 1553.6530 1553.6530 1553.6530 5913.6610 5919.6104 5720.6406 5511.6511 1470.6107 1400.6406 1400.6406 1400.6406 COST OF GOODS SOLD MIX COST OF GOODS SOLD MIX DUES & SUBSCRIPTIONS REPAIR PARTS REPAIR PARTS REPAIR PARTS SAFETY EQUIPMENT CONFERENCES & SCHOOLS GENERAL SUPPLIES CLEANING SUPPLIES MILEAGE OR ALLOWANCE GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES YORK SELLING VERNON SELLING POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATInt ! GEN DISTRIBUTION TRAINING EDINBOROUGH OPERATIONS ARENA BLDG/GROUNDS FIRE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL POLICE DEPT. GENERAL R55CKREG LOG20000 EXCEPTIONAL CLIENT SERVICE 2,300.00 CITY OF EDINA 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 720.00 368260 Council Check Register 100988 SAFETY KLEEN 368265 2/712013 2/7/2013 — 21712013 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description REPAIR PARTS 368256 21712013 419.16 100974 RAYMOND HAEG PLUMBING 307490 59746996 5422.6182 RUBBISH REMOVAL 293.00 WATER LINE REPAIRS 00001659 307550 15342 5913.6180 CONTRACTED REPAIRS RICHMOND HILL ROAD CONSTR 307508 293.00 05525.1705.21 368261 21712013 368257 21712013 100978 RIEDELL SHOES INC. 73.18 SKATES 00008030 307551 54559448 5511.6406 GENERAL SUPPLIES 1400.6406 GENERALSUPPLIES 73.18 96.01 368258 21712013 100980 ROBERT B. HILL CO. 368262 21712013 100990 SCHARBER & SONS 174.44 SOFTENER SALT 307440 00278722 1551.6406 GENERAL SUPPLIES 174.44 ROLLER 00005992 307311 P07554 368259 21712013 131550 SAFE TECH SOLUTIONS 65.49 2/6/2013 8:03:55 Page - 18 . Business Unit DISTRIBUTION ARENA BLDGIGROUNDS CITY HALL GENERAL 2,300.00 EMS ACADEMY 307552 311 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN CENTENNIAL LAKES BALANCE SHEET 720.00 EXCEPTIONAL CLIENT SERVICE 2,300.00 TRAINING 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 720.00 368260 21712013 100988 SAFETY KLEEN 368265 2/712013 100995 SEH 175.17 RECYCLE BRAKE CLEANER 307310 59790063 1553.6530 REPAIR PARTS 265175 01394.1705.20 419.16 PARTS WASHER SERVICE 307490 59746996 5422.6182 RUBBISH REMOVAL 04387.1705.21 CONSULTING INSPECTION 594.33 5,997.57 RICHMOND HILL ROAD CONSTR 307508 265097 05525.1705.21 368261 21712013 101822 SAM'S CLUB DIRECT 96.01 101: """'9350 307727 CLOROX WIPES 1400.6406 GENERALSUPPLIES 96.01 368262 21712013 100990 SCHARBER & SONS 65.49 ROLLER 00005992 307311 P07554 1553.6530 REPAIR PARTS 65.49 368263 21712013 105442 SCHERER BROS. LUMBER CO. 294.71 LUMBER 00002328 307491 41084715 5750.1720 BUILDINGS 294.71 368264 21712013 131647 SCHLEY, SANDRA EQUIPMENT OPERATION GEN MAINT OF COURSE & GROUNDS POLICE DEPT. GENERAL EQUIPMENT OPERATION GEN CENTENNIAL LAKES BALANCE SHEET 720.00 EXCEPTIONAL CLIENT SERVICE 307553 TRAINING 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 720.00 368265 2/712013 100995 SEH 39,228.32 NORMANDALE ST RECONSTR 307507 265175 01394.1705.20 CONSULTING DESIGN NORMANDALE 4,830.27 RICHMOND HILL ROAD CONSTR 307508 265097 04387.1705.21 CONSULTING INSPECTION RICHMOND HILLS PK 5,997.57 RICHMOND HILL ROAD CONSTR 307508 265097 05525.1705.21 CONSULTING INSPECTION RICHMOND HILLS PK R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/7/2013 -217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 6,412.18 RICHMOND HILL ROAD CONSTR 307508 265097 03471.1705.21 CONSULTING INSPECTION 9,258.01 RICHMOND HILL ROAD CONSTR 307508 265097 01388.1705.21 CONSULTING INSPECTION 65,726.35 368266 2/712013 104689 SERIGRAPHICS SIGN SYSTEMS INC. 95.58 CUSTOM SIGNAGE 307312 43394 1100.6406 GENERAL SUPPLIES 95.58 368267 21712013 103237 - SHIRLEY, TOM 61.38 MILEAGE REIMBURSEMENT 307718 013112 5760.6107 MILEAGE OR ALLOWANCE 63.85 MILEAGE REIMBURSEMENT 307728 020113 5760.6107 MILEAGE OR ALLOWANCE 125.23 368268 2/712013 120468 SIEMENS INDUSTRY INC. 1,054.41 EQUIPMENT REPAIRS 00008037 307554 901081624 5511.6180 CONTRACTED REPAIRS 1,054.41 368269 2/712013 100999 SIGNAL SYSTEMS INC. 115.00 TIME CLOCK MAINTENANCE 307555 38214 5511.6136 PROFESSIONAL SVC - OTHER 115.00 368270 21712013 131649 SIGNCRAFTERS 1,083.40 REPAIRS TO FLAGPOLES 00002358 307492 50601 5761.6180 CONTRACTED REPAIRS 1,083.40 368271 21712013 101000 SIR SPEEDY 487.88 BUSINESS CARDS 307313 75410 1550.6406 GENERAL SUPPLIES 60.38 BUSINESS CARDS 307498 75573 1550.6406 GENERAL SUPPLIES 548.26 368272 21712013 100629 SMITH, AMY 85.88 MILEAGE REIMBURSEMENT 307493 013113 5410.6107 MILEAGE OR ALLOWANCE 285.82 MILEAGE REIMBURSEMENT 307691 123112 5410.6107 MILEAGE OR ALLOWANCE 371.70 368273 21712013 127878 SOUTHERN WINE AND SPIRITS 80.50 307414 2028805 5842.5513 COST OF GOODS SOLD WINE 2,292.00 307415 2009010 5822.5513 COST OF GOODS.SOLD WINE 300.50 307416 2004902 5822.5513 COST OF GOODS SOLD WINE 6,177.61 307590 2028814 5862.5513 COST OF GOODS SOLD WINE 1,315.50 307591 2004917 5862.5513 COST OF GOODS SOLD WINE 335.31 307592 2028803 5862.5513 COST OF GOODS SOLD WINE 2/6/2013 8:03:55 Page - 19 Business Unit RICHMOND HILLS PK RICHMOND HILLS PK CITY COUNCIL CENTENNIAL LAKES ADMIN EXPENSE CENTENNIAL LAKES ADMIN EXPENSE ARENA BLDG/GROUNDS ARENA BLDGIGROUNDS CENTENNIAL LAKES OPERATING CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL GOLF ADMINISTRATION GOLF ADMINISTRATION YORK SELLING 50TH ST SELLING 50TH ST SELLING VERNON SELLING VERNON SELLING VERNON SELLING R55CKREG LOG20000 Business Unit COST OF GOODS SOLD LIQUOR CITY OF EDINA YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD WINE 50TH ST SELLING Council Check Register BOTH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING 217/2013 - 2!7/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 1,474.23 307655 2019160 5842.5512 5,230.01 307656 2019170 5842.5512 2,121.48 307657 2019161 5842.5512 2,371.99 307658 2028812 5822.5513 602.34 307659 2019158 5822.5512 264.50 307660 2004916 5822.5513 665.40 307661 2019159 5862.5512 1,483.50 307662 2028815 5842.5513 5,275.33 307663 2028816 5842.5513 120.50 307664 2004918 5842.5513 30,110.70 368274 2/712013 101023 SOUTHWEST SUBURBAN CABLE COMMI 7,161.44 FIRST QUARTER - 2013 307494 201302 1130.6136 7,161.44 368275 21712013 130640 SPERIDES REINERS ARCHITECTS IN 3,586.44 ARCHITECTURAL SERVICES 307690 29933 5500.1705 3,586.44 368276 21712013 122455 SPRING LAKE ENGINEERING 422.20 SCADA PROGRAMMING 00005430 307314 1249 5913.6103 422.20 368277 2/712013 101004 SPS COMPANIES 100.72 COUPLERS 00001613 307315 S2670106.001 5913.6406 100.72 368278 21712013 129745 ST LOUIS PARK DQ GRILL AND CHI 17.99 BIRTHDAY CAKE 307556 599 5720.5510 17.99 368279 21712013 104349 STRUCTURED NETWORK SOLUTIONS 329.45 TECHNICAL INSTALLATIONS 307557 16311 5500.1705 329.45 368280 21712013 100900 SUN NEWSPAPERS 81.19 AD FOR BID 307316 1420055 1120.6120 81.19 368281 21712013 120998 SURLY BREWING CO. 554.00 307417 009687 5822.5514 2/6/2013 8:03:55 Page - 20 Subledger Account Description Business Unit COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD, LIQUOR BOTH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING PROFESSIONAL SVC - OTHER COMMUNICATIONS CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET PROFESSIONAL SERVICES DISTRIBUTION GENERAL SUPPLIES COST OF GOODS SOLD CONSTR. IN PROGRESS ADVERTISING LEGAL COST OF GOODS SOLD BEER DISTRIBUTION EDINBOROUGH OPERATIONS ICE ARENA BALANCE SHEET ADMINISTRATION BOTH ST SELLING CITY OF EDINA 2/6 /2013 8:03:55 R55CKREG LOG20000 Council Check Register Page - 21 217/2013 -- 217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 505.00 307452 009814 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,788.00 307665 009777 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,847.00 368282 21712013 105441 SUSA 250.00 MEMBERSHIP DUES (2) 307391 2013 5913.6105 DUES & SUBSCRIPTIONS DISTRIBUTION 250.00 368283 2/712013 120602 TEAGUE, CARY 129.39 MILEAGE REIMBURSEMENT 307712 JAN 2013 1140.6107 MILEAGE OR ALLOWANCE PLANNING 129.39 368284 21712013 130783 THEIS, BYRON 81.36 MILEAGE REIMBURSEMENT 307441 013013 1260.6107 MILEAGE OR ALLOWANCE ENGINEERING GENERAL 81.36 368285 21712013 121517 THIEDE, JOHN 20.00 2013 UNIFORM PURCHASE 307317 012513 1301.6201 LAUNDRY GENERAL MAINTENANCE 20.00 368286 217/2013 101035 THORPE DISTRIBUTING COMPANY 2,979.40 307453 734784 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 84.35 307454 734785 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 3,063.75 368287 21712013 127318 TIGER ATHLETICS INC. 450.00 FEB FITNESS TRAINING 307558 532 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 450.00 368288 21712013 123129 TIMESAVER OFF SITE SECRETARIAL 236.80 COUNCIL MINUTES 1/22/13 307559 M19575 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 236.80 368289 2/712013 103277 TITAN MACHINERY 355.68 ALIGNMENT BAR 00005990 307318 188297PC 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 355.68 368290 21712013 103218 TRI STATE BOBCAT 294.30 PLATE, BEARING 00005986 307319 P18798 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 254.31 SHAFT 00005986 307320 P18909 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 254.31- RETURN 307321 P18936 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 294.30 R55CKREG LOG20000 60.00 CITY OF EDINA 368296 Council Check Register 101068 VAN PAPER CO. 21712013 -21712013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 368291 21712013 125969 TWIN CITIES OCCUPATIONAL HEALT CAN LINERS 00007513 307560 260337 -00 5862.6406 195.00 PRE - EMPLOYMENT PHYSICALS 307499 102012078 1550.6121 ADVERTISING PERSONNEL 00007513 307560 195.00 5862.6512 PAPER SUPPLIES 368292 21712013 103048 U.S. BANK 262472 -00 5862.6406 GENERAL SUPPLIES 603.25 HSA MAINTENANCE FEE 307692 7965556 1550.6103 PROFESSIONAL SERVICES 603.25 21712013 102970 VERIZON WIRELESS 368293. 21712013 104223 UNITED PROPERTIES 194.48 609,184.39 TIF ASSISTANCE PAY 2012 307516 013113 9232.8225 INTEREST OTHER FUNDS 194.48 609,184.39 368294 21712013 21712013 119476 USPCA REGION 12 101063 VERSATILE VEHICLES INC. 2/6/2013 8:03:55 Page - 22 Business Unit CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL CENTENNIAL TIF DISTRICT 60.00 DETECTOR DOG CERTIFICATION 307729 2013 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 50TH ST SELLING VERNON SELLING VERNON SELLING VERNON SELLING POLICE DEPT. GENERAL GOLF CARS CENTENNIAL LAKES OPERATING ARENA CONCESSIONS TRAINING 60.00 368296 2/712013 101068 VAN PAPER CO. 395.61 LIQUOR BAGS 307392 262334 -00 5822.6512 PAPER SUPPLIES 48.26 CAN LINERS 00007513 307560 260337 -00 5862.6406 GENERAL SUPPLIES 432.55 LIQUOR BAGS 00007513 307560 260337 -00 5862.6512 PAPER SUPPLIES 63.18 FACIALTISSUE 307561 262472 -00 5862.6406 GENERAL SUPPLIES 939.62 368296 21712013 102970 VERIZON WIRELESS 194.48 307730 2855794403 1400.6188 TELEPHONE 194.48 368297 21712013 101063 VERSATILE VEHICLES INC. 254.47 AXLES 00006358 307495 12413003 5423.6530 REPAIR PARTS 128.25 TIRES & RIMS 00002378 307496 11613001 5761.6530 REPAIR PARTS 382.72 - 368298 21712013 120627 VISTAR CORPORATION 668.99 CONCESSION PRODUCT 307562 35737409 5520.5510 COST OF GOODS SOLD 668.99 368299 2/712013 131542 WAGNER, JOSH 64.41 MILEAGE REIMBURSEMENT 307393 012913 5919.6104 CONFERENCES & SCHOOLS 64.41 368300 21712013 123618 WATER CONSERVATION SERVICE INC 50TH ST SELLING VERNON SELLING VERNON SELLING VERNON SELLING POLICE DEPT. GENERAL GOLF CARS CENTENNIAL LAKES OPERATING ARENA CONCESSIONS TRAINING CITY OF EDINA 2/6/2013 8:03:55 R55CKREG LOG20000 Council Check Register Page - 23 2/7/2013 -217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 922.80 LEAK LOCATES 00001647 307322 3655 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 922.80 368301 21712013 102020 WELLS, GARY 64.41 MILEAGE REIMBURSEMENT 307394 012913 5919.6104 CONFERENCES & SCHOOLS TRAINING 64.41 - 368302 21712013 131552 WHISKEYADVOCATE 9.00 MAGAZINE SUBSCRIPTION 307713 020413 5820.6105 DUES & SUBSCRIPTIONS 50TH STREET GENERAL 9.00 MAGAZINE SUBSCRIPTION 307713 020413 5840.6105 DUES & SUBSCRIPTIONS LIQUOR YORK GENERAL 18.00 368303 2/7/2013 120513 WHITE, AARON 93.31 CONFERENCE EXPENSES 307731 012813 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 93.31 368304 21712013 101033 WINE COMPANY, THE 743.87 307418 32068400 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,107.80 307455 321176 -00 5942.5513 COST OF GOODS SOLD WINE YORK SELLING 1,175.80 307593 321361 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 724.50 307594 321141 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 368.40 307666 321177 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 4,120.37 368305 21712013 101312 WINE MERCHANTS 1,102.56 307419 441145 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 539.36 307595 441979 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 406.72 307596 441341 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,034.08 307667 442172 5862.5513. COST OF GOODS SOLD WINE VERNON SELLING 2,446.24 307668 441976 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,071.43 307669 441978 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 6,600.39 368306 217/2013 124291 WIRTZ BEVERAGE MINNESOTA 3,303.17 307456 171601 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 25.21 307457 171602 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 2,876.16 307458 171603 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,397.98 307597 171598 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 799.45 307598 167260 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 25.21 307599 171597 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,473.53 307670 173097 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,569.61 307671 171596 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 2/6/2013 8:03:55 Council Check Register Page - 24 2!7/2013 -217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3,352.05 307672 173098 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 342.15 307673 172338 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,043.09 307674 171599 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 45.15 307675 171504 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,490.06 307676 171600 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 185.15- 307677 878140 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 22, 557.67 368307 2!712013 124529 WIRTZ BEVERAGE MINNESOTA BEER 2,212.46 307420 113913 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 21.50 307421 113914 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 186.00 307422 113915 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,034.75 307423 114263 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 120.00 307424 113674 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,382.30 307425 113673 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,183.30 307678 116887 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 129.00 307679 116888 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,678.30 307680 115046 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 24.00 307681 116621 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,124.60 307682 116620 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,278.40 307683 116875 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 468.00 307684 116876 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 21,842.61 368308 21712013 118340 WPS I TRICARE 63.89 AMBULANCE OVERPAYMENT 307395 JEANE HOUGEN 1470.4329, AMBULANCE FEES FIRE DEPT. GENERAL 63.89 366309 21712013 105740 WSB & ASSOCIATES INC. 767.25 TRACY AVE IMPROVEMENTS 307509 14 -01686 -250 01368.1705.21 CONSULTING INSPECTION BA -368 TRACY AVE RECON 411.00 TRAFFIC STUDY 307510 8- 01686 -290 1140.6103 PROFESSIONAL SERVICES PLANNING 2,116.00 TRAFFIC REVIEW 307511 1- 01686 -360 1140.6103 PROFESSIONAL SERVICES PLANNING 274.00 TRAFFIC STUDY 307512 4 -01686 -340 1140.6103 PROFESSIONAL SERVICES PLANNING 14,474.00 PED CROSSING IMPROVEMENTS 307513 9- 01686 -300 01404.1705.20 CONSULTING DESIGN FRANCE AVE PEDESTRIAN CORRIDOR 1,745.25 44TH ST IMPROVEMENTS 307514 26- 01686 -170 05516.1705.21 CONSULTING INSPECTION W 44TH ST RECON 214.00 SOUTHDALE WATER TREATMENT #5 307515 2- 01686 -280 05472.1705.20 CONSULTING DESIGN WM-472 NEW TREATMENT PLANT #5 20,001.50 368311 21712013 101726 XCEL ENERGY 20.66 51- 6541084 -2 307323 355192674 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 10.74 51 -6050184 -2 307324 355196266 4086.6103 PROFESSIONAL SERVICES AQUATIC WEEDS 36.49 51- 0160483 -1 307325 355095047 1330.6185 LIGHT & POWER TRAFFIC SIGNALS R55CKREG LOG20000 CITY OF EDINA 216/2013 8:03:55 Council Check Register Page - 25 2/7/2013 -217/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 51.10 51- 0223133 -2 307326 355095651 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 35.36 51- 0194596 -8 307327 355094555 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 66.70 51- 6692497 -0 307328 355198881 1460.6185 LIGHT & POWER CIVILIAN DEFENSE 75.89 51- 8997917 -7 307329 355225588 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 24.72 51- 9337452 -8 307330 355235726 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 25.20 51- 9770163 -6 307331 355235595 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 132.86 51- 9770164 -7 307332 355233070 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 286.55 51- 9337452 -8 307333 355388394 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 67.21 51- 8976004 -9 307334 355384844 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 290.04 51- 8987646 -8 307335 355402536 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 1,046.38 51- 5107681 -4 307336 355326912 5111.6185 LIGHT & POWER ART CENTER BLDG /MAINT 278.80 51- 6223269 -1 307337 355345414 5210.6185 LIGHT & POWER GOLF DOME PROGRAM 1,324.28 51- 9251919 -0 307338 355549072 5765.6185 LIGHT & POWER PROMENADE EXPENSES 10,134.04 51- 9603061 -0 307339 355552496 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 39.47 51- 8102668 -0 307340 355530224 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 35,728.69 51- 4621797 -2 307341 355480712 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 941.53 51- 9011854 -4 307426 355386243 5913.6185 LIGHT & POWER DISTRIBUTION 46.51 51- 0193479 -4 307427 355245742 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 149.10 51- 9608462 -5 307428 355396256 5921.6185 LIGHT & POWER SANITARY LIFT STATION MAINT 25,123.19 51- 4888627 -1 307714 356015333 5511.6185 LIGHT & POWER ARENA BLDGIGROUNDS 75,935.51 1,156,254.38 Grand Total Payment Instrument Totals Check Total 1,156,254.38 Total Payments 1,156,254.38 R55CKSUM LOG20000 CITY OF EDINA Council Check Summary 2!712013 - 217/2013 Company Amount 01000 GENERAL FUND 110,120.64 02300 POLICE SPECIAL REVENUE 216.89 03300 P.IR DEBT SERVICE FUND 400.00 04000 WORKING CAPITAL FUND 63,794.72 05100 ART CENTER FUND 1,046.38 05200 GOLF DOME FUND 278.80 05400 GOLF COURSE FUND 8,301.50 05500 ICE ARENA FUND 73,003.55 05700 EDINBOROUGH PARK FUND 5,641.70 05750 CENTENNIAL LAKES PARK FUND 4,259.25 05800 LIQUOR FUND 223,431.78 05900 UTILITY FUND 47,443.64 05930 STORM SEWER FUND 5,668.78 09232 CENTENNIAL TIF DISTRICT 609,184.39 09900 PAYROLL FUND 3,462.36 Report Totals 1,156,254.38 216/2013 8:05:42 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 polici s Ind procedures.date I CITY OF EDINA 2113/2013 7:48:01 R55CKREG LOG20000 Council Check Register Page - 1 2/8/2013 - 2/14/2013 Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit - 368312 21812013 110977 SOW,ADAMA 724.75 ART WORK SOLD 306924 012213 5101.4413 ART WORK SOLD ART CENTER REVENUES 724.75 368313 211412013 100613 AAA 55.00 TAB RENEWALS 307732 012513 1553.6260 LICENSES & PERMITS EQUIPMENT OPERATION GEN 55.00 368314 211412013 '124613 ABM JANITORIAL- NORTH CENTRAL 2,782.41 FEB 2013 SERVICE 307898 4863583 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 2,782.41 368315 211412013 103173 ACCOUNTEMPS 741.00 UB TEMP 308043 37161331 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 296.40 UB TEMP 308044 37240807 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 1,037.40 368316 211412013 129469 AECOM TECHNICAL SERVICES INC. 976.15 WTP PROJECT 308010 37314984 05473.1705.21 CONSULTING INSPECTION WM -473 NEW TREATMENT PLANT #6 976.15 368317 211412013 100576 ALL SAFE INC. 48.01 EXTINGUISHER MAINTENANCE 307812 118908 5111.6103 PROFESSIONAL SERVICES ART CENTER BLDGIMAINT 58.95 EXTINGUISHER MAINTENANCE 00001670 307899 119168 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 115.63 EXTINGUISHER MAINTENANCE 308011 119167 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 222.59 368318 2114/2013 103357 ALPHA VIDEO & AUDIO INC. 822.95 TIGHTROPE TRAINING 308165 INV90096 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 822.95 368319 211412013 101116 AMERIPRIDE SERVICES 64.98 307813 013113 5821.6201 LAUNDRY 50TH ST OCCUPANCY 67.74 307813 013113 5421.6201 LAUNDRY GRILL 101.08 307813 013113 5841.6201 LAUNDRY YORK OCCUPANCY 132.88 307813 013113 5861.6201 LAUNDRY VERNON OCCUPANCY 146.40 307813 013113 1470.6201 LAUNDRY FIRE DEPT. GENERAL 364.42 307813 013113 1551.6201 LAUNDRY CITY HALL GENERAL 467.89 307813 013113 1470.6201 LAUNDRY FIRE DEPT. GENERAL 1,345.39 368320 211412013 100666 AMSAN R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 2 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No . Subledger Account Description Business Unit 87.47 DISINFECTANT CLEANER 00001614 307733 280959255 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 752.80 CUSTODIAL SUPPLIES 00001614 307734 281033571 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 640.27 368321 2114/2013 100630 ANCHOR PAPER COMPANY 877.02 COPIER PAPER 307814 10351343 -00 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 877.02 368322 211412013 101874 ANCOM COMMUNICATIONS INC. 3,385.93 PAGERS 00003561 308045 35287 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 3,385.93 368323 211412013 131566 ANDRUS, JULIE 10.00 CLASS REFUND 307806 020513 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 10.00 368324 2114/2013 102172 APPERrS FOODSERVICE 886.34 FOOD 308046 1873841 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 886.34 368325 2/14/2013 131567 ARONSON, JUDY 11.00 CLASS REFUND 307807 020513 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 11.00 368326 2/14/2013 100634 ASPEN EQUIPMENT CO. 37.49 BOLT BAGS 308012 10111936 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 37.49 368327 2114/2013 102774 ASPEN WASTE SYSTEMS 26.30 307900 020113 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 33.00 307900 020113 5821.6182 RUBBISH REMOVAL 50TH ST OCCUPANCY 33.28 307900 020113 1481.6182 RUBBISH REMOVAL YORK FIRE STATION 44.71 307900 020113 5111.6182 RUBBISH REMOVAL ART CENTER BLDG/MAINT 47.88 307900 020113 5430.6182 RUBBISH REMOVAL RICHARDS GOLF COURSE 66.29 307900 020113 1470.6182 RUBBISH REMOVAL FIRE DEPT. GENERAL 68.66 307900 020113 1628.6182 RUBBISH REMOVAL SENIOR CITIZENS 88.91 307900 020113 5422.6182 RUBBISH REMOVAL MAINT OF COURSE & GROUNDS 99.35 307900 020113 5861.6182 RUBBISH REMOVAL VERNON OCCUPANCY 131.26 307900 020113 5420.6182 RUBBISH REMOVAL CLUB HOUSE 134.79 307900 020113 5841.6182 RUBBISH REMOVAL YORK OCCUPANCY 198.28 307900 020113 5511.6182 RUBBISH REMOVAL ARENA BLDG/GROUNDS 207.79 307900 020113 1551.6182 RUBBISH REMOVAL CITY HALL GENERAL R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 3 2/8/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 233.31 307900 020113 1301.6182 RUBBISH REMOVAL GENERAL MAINTENANCE 233.32 .307900 020113 1552.6162 RUBBISH REMOVAL CENT SVC PW BUILDING 646.03 307900 020113 5720.6182 RUBBISH REMOVAL EDINBOROUGH OPERATIONS 254.47 ACCT 1 14635 4 308047 2/01/13 7411.6182 RUBBISH REMOVAL PSTF OCCUPANCY 2,547.63 368328 211412013 100636 ASTLEFORD 124.57 KIT, FILTERS 00005957 308013 T344754 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 124.57 368329 211412013 104069 B.B. WATSON GRAPHIC DESIGN 64.90 BUSINESS CARDS 307815 496 1400.6575 PRINTING POLICE DEPT. GENERAL 64.90 368330 2/1412013 102195 BATTERIES PLUS 21.36 BATTERY 00003126 308175 018- 290073 421400.6710 EQUIPMENT REPLACEMENT POLICE EQUIPMENT 21.36 368331 211412013 101355 BELLBOY CORPORATION 91.55 307854 76838300 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 145.71 307855 87950900 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 36.55 307956 76922200 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 61.50 307957 76922100 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 471.75 307958 76922300 5842.5513. COST OF GOODS SOLD WINE YORK SELLING 1,569.65 307959 76922400 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 27.12 307960 87982900 5822.6512 PAPER SUPPLIES 50TH ST SELLING 31.12 307961 87983000 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 140.12 308132 87982800 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 108.70 308133 6286600 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,061.35 308134 76922700 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,745.12 368332 2/14/2013 117379 BENIEK PROPERTY SERVICES INC. 1,139.00 SNOW REMOVAL 308048 140507 7411.6136 SNOW & LAWN CARE PSTF OCCUPANCY 1,139.00 368333 2/14/2013 125139 BERNICK'S 236.50 307856 40212 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 236.50 368334 211412013 126847 BERRY COFFEE COMPANY 150.95 COFFEE 307735 1069505 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING CITY OF EDINA 2/13/2013 7:48:01 R55CKREG LOG20000 Council Check Register Page- 4 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 150.95 368335 211412013 100648 BERTELSON OFFICE PRODUCTS 85.97 OFFICE SUPPLIES 00003137 307736 WO- 825583 -1 1400.6513 OFFICE SUPPLIES POLICE DEPT. GENERAL 124.86 OFFICE SUPPLIES 00003143 307737 WO- 828464 -1 1400.6513 OFFICE SUPPLIES POLICE DEPT.-GENERAL 76.63 OFFICE SUPPLIES 00003142 307738 WO- 827725 -1 1400.6513 OFFICE SUPPLIES POLICE DEPT. GENERAL 74.12 LAMINATING SUPPLIES 00009233 307816 OE- 308835 -1 5110.6406 GENERAL SUPPLIES ART CENTER ADMINISTRATION 19.96 MONTHLY PLANNER 307901 0E- 309086 -1 1628.6513 OFFICE SUPPLIES SENIOR CITIZENS 267.12 MAILERS 307902 WO- 828881 -1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 66.25 SEAT CUSHION 307903 WO- 829234 -1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 206.86 OFFICE SUPPLIES 307904 WO- 829208 -1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 90.83- RETURN 307905 CP- WO- 800977 -1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 80.15 CALCULATOR 307906 WO- 829309 -1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 261.20 OFFICE SUPPLIES 308014 OE- 309713 -1 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 60.05 FILE FOLDERS 308049 OE- 309388 -1 7410.6513 OFFICE SUPPLIES PSTF ADMINISTRATION 204.45 OFFICE SUPPLIES 00003145 308110 WO- 829549 -1 1400.6513 OFFICE SUPPLIES POLICE DEPT. GENERAL 1,436.79 368336 211412013 122688 BMK SOLUTIONS 46.78 FOLDERS, SIGN 308176 82666 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 46.78 368337 211412013 106367 BOUND TREE MEDICAL LLC 57.90 AMBULANCE SUPPLIES 00003558 308050 80970849 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 57.90 368338 211412013 119351 BOURGET IMPORTS 610.20 308135 111962 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 391.50 308136 111949 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,001.70 368339 2/14/2013 100659 BOYER TRUCK PARTS 30.25 LIGHT 00005000 307739 711889 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,096.04 SPRING, U- BOLTS, PINS 00005965 307740 712259 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 276.34 SEALS, HARDWARE KIT 00005964 307741 712006 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 12.76- CREDIT 00005855 308015 CM703267 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,245.68- CREDIT 00005942 308016 CM704775 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 34.13 GARNISH 00005832 308177 695882X1 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 178.32 368340 211412013 131679 BP BATTERY PRODUCTS INC. 215.77 REBUILT DRILL PAKS 00003559 308051 45553 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/8/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 5410.6107 215.77 5410.6406 - 5422.6275 368341 2/14/2013 5420.6406 100663 BRAEMAR GOLF COURSE 5410.6235 POSTAGE 5410.6105 12.00 PETTY CASH 307907 020713 19.25 PETTY CASH 307907 020713 21.44 PETTY CASH 307907 020713 30.96 PETTY CASH 307907 020713 45.00 PETTY CASH 307907 020713 54.00 PETTY CASH 307907 020713 59.60 PETTY CASH 307907 020713 242.25 368342 2/14/2013 100664 BRAUN INTERTEC 6,343.20 SOIL REMEDIATION 307908 365034 6,343.20 368343 2/14/2013 103239 BRIN NORTHWESTERN GLASS CO. 1,842.39 DOOR REPAIR 00006117 308052 520886S 1,842.39 .- 368344 211412013 - 119826 BRYANT GRAPHICS INC. 763.09 FEB NEWSLETTER 00008282 307909 30187 176.26 LIQUOR NEWSLETTER. 308053 30293 176.27 LIQUOR NEWSLETTER 308053 30293 176.27 LIQUOR NEWSLETTER 308053 30293 1,291.89 368345 2/14/2013 104595 BUCKENTINE, JOHN 1,452.72 TUITION REIMBURSEMENT 308166 020813 1,452.72 368346 211412013 100144 BUREAU OF CRIMINAL APPREHENSIO 75.00 BACKGROUND CHECKS 308199 021113 75.00 368347 2/1412013 102149 CALLAWAYGOLF 202.86 GOLF BALLS 308054 924069838 9.32 GOLF BALLS 308055 924069912 112.00- CREDIT \ 308056 924092097 100.18 368348 2114/2013 120541 CANNON RIVER WINERY Subledger Account Description 5410.6107 MILEAGE OR ALLOWANCE 5410.6406 GENERAL SUPPLIES 5422.6275 COURSE BEAUTIFICATION 5420.6406 GENERAL SUPPLIES 5410.6235 POSTAGE 5410.6105 DUES & SUBSCRIPTIONS 5201.4543 GOLF DOME RECEIPTS 05535.1705.20 CONSULTING DESIGN 2/13/2013 7:48:01 Page- 5 Business Unit GOLF ADMINISTRATION GOLF ADMINISTRATION MAINT OF COURSE & GROUNDS CLUB HOUSE GOLF ADMINISTRATION GOLF ADMINISTRATION GOLF DOME REVENUES PW BRAEMAR SITE LEAD ABATEMENT 5420.6180 CONTRACTED REPAIRS CLUB HOUSE 1628.6575 PRINTING SENIOR CITIZENS 5862.6575 PRINTING VERNON SELLING 5822.6575 PRINTING 50TH ST SELLING 5842.6575 PRINTING YORK SELLING 1640.6104 CONFERENCES & SCHOOLS PARK MAINTENANCE GENERAL 1550.6103 PROFESSIONAL SERVICES CENTRAL SERVICES GENERAL 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES R55CKREG LOG20000 CITY OF EDINA Council Check Register 218/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 1,056.00 307857 5135 5842.5513 1552.6103 Subledger Account Description COST OF GOODS SOLD WINE PROFESSIONAL SERVICES 5842.5514 1,056.00 5842.5515 COST OF GOODS SOLD MIX 5822.5515 368349 211412013 5822.5514 116114 CANON SOLUTIONS AMERICA INC. 80.94 OCE USAGE 307742 987913893 80.94 368350 211412013 119456 CAPITOL BEVERAGE SALES 4,321.80 307858 235383 52.50 307859 235384 17.20 307860 235387 397.05 307861 235386 4,788.55 368351 2/1412013 116683 CAT & FIDDLE BEVERAGE 131.00 307862 95189 1,032.50 307962 95222 1,163.50 368362 2/1412013 129923 CAWLEY 25.11 NAME BADGES 307817 V143394 15.03 NAME BADGE 308057 V143910 40.14 368353 211412013 123898 CENTURYLINK 109.92 952 826 -7398 307818 7398 -1113 86.08 952 941 -1019 307819 1019 -1/13 56.62 307820 0146 -1/13 59.32 307820 0146 -1113 121.60 307820 0146 -1113 140.83 307820 , 0146 -1113 168.12 307820 0146 -1/13 192.19 307820 0146 -1/13 237.00 307820 0146 -1/13 273.79 307820 0146 -1/13 1,595.69 307820 0146 -1/13 606.52 612 E01 -0426 308111 0426 -2/13 606.52 612 E12 -6797 308112 6797 -2/13 122.57 952 926 -0419 308113 0419 -2/13 22.65 651 281 -1355 B001311 308114 1311 -2113 4,399.42 1552.6103 Subledger Account Description COST OF GOODS SOLD WINE PROFESSIONAL SERVICES 5842.5514 COST OF GOODS SOLD BEER 5842.5515 COST OF GOODS SOLD MIX 5822.5515 COST OF GOODS SOLD MIX 5822.5514 COST OF GOODS SOLD BEER 5822.5513 COST OF GOODS SOLD WINE 5842.5513 'COST OF GOODS SOLD WINE 1500.6103 1500.6103 7410.6103 7411.6188 5911.6188 1628.6188 5841.6188 5821.6188 1622.6188 5932.6188 1646.6188 5511.6188 1554.6188 1554.6188 1554.6188 1646.6188 1400.6188 PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE 2/13/2013 7:48:01 Page- 6 Business Unit YORK SELLING CENT SVC PW BUILDING YORK SELLING YORK SELLING 50TH ST SELLING BOTH ST SELLING BOTH ST SELLING YORK SELLING CONTINGENCIES CONTINGENCIES PSTF ADMINISTRATION PSTF OCCUPANCY WELL PUMPS SENIOR CITIZENS YORK OCCUPANCY BOTH ST OCCUPANCY SKATING & HOCKEY GENERALSTORM SEWER BUILDING MAINTENANCE ARENA BLDGIGROUNDS CENT SERV GEN - MIS CENT SERV GEN - MIS CENT SERV GEN - MIS BUILDING MAINTENANCE POLICE DEPT. GENERAL CITY OF EDINA 2113/2013 7:48:01 R55CKREG LOG20000 Council Check Register Page - 7 2/812013 — 2/1412013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368354 211412013 131582 CHADWICK, ROBERT 119.35 UTILITY OVERPAYMENT REFUND 308115 5113 48TH ST W 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 119.35 368355 211412013 122084 CITY OF EDINA - UTILITIES 94.42 00077443 - 0200650027 308178 200650027 -1/13 1646.6189 SEWER & WATER BUILDING MAINTENANCE 94.42 368356 211412013 131562 CITY OF LAKES CHORUS 100.00 EP ENTERTAINMENT 2/17/13 307803 020113 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 100.00 368357 211412013 105194 CITY OF RICHFIELD 90.45 YOUTH BOWLING SHIRTS 307910 020513 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 90.45 368358 211412013 114639 CITY OF ST LOUIS PARK 1,690.33 2012 GRIT PIT COST 00001666 308179 23088 5923.6136 PROFESSIONAL SVC - OTHER COLLECTION SYSTEMS 1,690.33 368359 211412013 101850 CITY OF•ST. PAUL 65.00 GRANT WRITING COURSE 308116 021113 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 65.00 368360 211412013 130477 CLEAR RIVER BEVERAGE CO 115.50 308137 2457 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 115.50 368361 211412013 120747 CMS 270.00 DRUG TESTING 307911 012013532294 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 270.00 368362 211412013 101227 COFFEE MILL INC. 165.00 COCOA, CAPPUCCINO 308058 0741752 -IN 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 165.00 368363 2/1412013 101345 COLOURS 360.00 CITY HALL FLOOR PLAN UPDATE 308167 10374 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 360.00 368364 2/1412013 120433 COMCAST 90.90 8772 10 614 0164959 307912 164959 -1/13 5430.6188 TELEPHONE RICHARDS GOLF COURSE R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 'Council Check Register. Page - 8 218/2013 - 2114/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 96.60 8772 10 614 0177449 307913 177449 -1/13 5420.6188 TELEPHONE CLUB HOUSE 4.53 8772 10 614 0023973 308168 23973 -2113 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 192.03 368365 211412013 120826 COMCASTSPOTLIGHT 298.33 CABLE TV ADVERTISING 307914 474939 5822.6122 ADVERTISING OTHER 50TH ST SELLING 298.33 CABLE TV ADVERTISING 307914 474939 5842.6122 ADVERTISING OTHER YORK SELLING 298.34 CABLE TV ADVERTISING 307914 474939 5862.6122 ADVERTISING OTHER VERNON SELLING 895.00 368366 211412013 100695 CONTINENTAL CLAY CO. 85.65 REPAIR PARTS FOR KILN 00009234 307821 INV000075219 5111.6530 REPAIR PARTS ART CENTER BLDG/MAINT 89.07 CLAY 00009234 307821 INV000075219 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 174.72 368367 2/14/2013 130801 COPPER CREEK LLC 3,000.00 CONSTRUCTION MANAGEMENT 308059 13 -1014 5710.6103 PROFESSIONAL SERVICES EDINBOROUGH ADMINISTRATION 3,000.00 368368 211412013 122132 CREATIVE PRODUCT SOURCING INC. 295.68 DARE MATERIALS 00003130 307743 56187 -1425.6406 GENERAL SUPPLIES DARE 295.68 368369 2/14/2013 121267 CREATIVE RESOURCES 742.61 STAFF JACKETS 308060 18688 5720.6201 LAUNDRY EDINBOROUGH OPERATIONS 742.61 368370 2/1412013 130171 CTM SERVICES INC. 95.62 OLYMPIA PARTS 00001606 308017 2681 1648.6530. REPAIR PARTS SKATING RINK MAINTENANCE 95.62 368371 2/1412013 100699 CULLIGAN BOTTLED WATER 174.89 114 - 10014090 -3 308117 1602080 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 174.89 368372 211412013 101418 CUMMINS NPOWER LLC 693.54 PM ANNUAL SERVICE CONTRACT 308061 100 -45540 5710.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH ADMINISTRATION 693.54 368373 2/14/2013 129550 CUNINGHAM GROUP ARCHITECTURE 2,152.50 SPORTS DOME CONSULTING 308062 38574 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 2,152.50 CITY OF EDINA 2/1312013 .7:48:01 R55CKREG LOG20000 Council Check Register Page - 9 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368374 211412013 100701 CUSHMAN MOTOR CO. INC. 95.66 METER 00005894 307744 159346 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 95.66 368375 2/1412013 131575 DAKOTA WORLDWIDE CORPORATION 1,250.00 LIQUOR STORE ANALYSIS 307915 8797 5820.6103 PROFESSIONAL SERVICES 50TH STREET GENERAL 1,250.00 LIQUOR STORE ANALYSIS 307915 8797 5840.6103 PROFESSIONAL SERVICES LIQUOR YORK GENERAL 1,250.00 LIQUOR STORE ANALYSIS 307915 8797 5860.6103 PROFESSIONAL SERVICES VERNON LIQUOR GENERAL 3,750.00 368376 2/1412013 104020 DALCO 215.89 PUNCH DEGREASER 00005909 307745 2564226 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 2,007.26 ICE MELT 00001633 308018 2564274 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 226.90 WYPALL, FLOOR CARE 00001454 308019 2565421 1552.6511 CLEANING SUPPLIES CENT SVC PW BUILDING 2,450.05 368377 211412013 120699 DAVE'S FLOOR SANDING & INSTALL 1,203.00 REFINISH DANCE FLOOR 307916 77247 5420.6180 CONTRACTED REPAIRS CLUB HOUSE 1,867.00 REFINISH RANGE FLOORS 308063 77213 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 3,070.00 368378 2/1412013 102478 DAY DISTRIBUTING CO. 1,641.30 307863 687479 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 45.30 307864 687480 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 271.40 307865 687478 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,608.60 307866 687477 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 5,566.60 368379 2/14/2013 100718 DELEGARD TOOL CO. 22.84 WRENCH, SOCKET 00005893 308169. 760327 1553.6556 TOOLS EQUIPMENT OPERATION GEN 18.01 CUTTER 00005893 308170 763797 1553.6556 TOOLS EQUIPMENT OPERATION GEN 40.85 368380 2/1412013 122135 DENFELD, SCOTT 136.17 MILEAGE REIMBURSEMENT 307822 020413 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 136.17 368381 2/14/2013 118375 DEPAUL LETTERING 47.00 POLICE PATCHES 307746 8345 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 47.00 R55CKREG LOG20000 ALARM SERVICE 307919 78426 CITY OF EDINA ALARM SERVICE CLUB HOUSE 335.05 307920 78419 Council Check Register ALARM SERVICE CLUB HOUSE 513.00 ALARM SERVICE 307921 78363 2/8/2013 - 2/14/2013 50TH ST OCCUPANCY Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description 368382 2/1412013 78363 102831 DEX MEDIA EAST INC.. ALARM SERVICE YORK OCCUPANCY 168.00 ALARM SERVICE_ 308020 78472 723.55 110311893 307917 110311893 -1/13 5410.6122 ADVERTISING OTHER 341.39 308064 651972955 -1113 5710.6122 ADVERTISING OTHER 1,064.94 110.06 MANAGEMENT FEE 307922 2/1/13 1550.6155 368383 2114/2013 110.06 129062 DJR ARCHITECTURE INC. . 368389 2114/2013 21.76 CONSTRUCTION DOCUMENTS 00002397 308180 0051753 5760.6103 PROFESSIONAL SERVICES 125.00 BRAEMAR LOGO 21.76 FORE[ 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 125.00 368384 211412013 114277 EDEN PRAIRIE APPLIANCE 368390 2114/2013 104733 EMERGENCY MEDICAL PRODUCTS INC 280.18 OVEN REPAIRS 308065 W82002 1470.6180 CONTRACTED REPAIRS 1528081 1470.6510 280.18 FIRE DEPT. GENERAL 368385 211412013 124503 EDEN PRAIRIE WINLECTRIC CO. 55.90 ELECTRICAL SUPPLIES 00001505 308181 09559600 5511.6406 GENERAL SUPPLIES 52.21 00001508 308182 09561500 5511.6406 GENERAL SUPPLIES 77.62 00001565 308183 09580800 5511.6406 GENERAL SUPPLIES 185.73 368386 2/1412013 102955 EDINA PUBLIC SCHOOLS 132.88 1/13/13 SUPER SUNDAY TRIP 307918 13-006 1629.6406 GENERAL SUPPLIES 132.88 368387 2114/2013 103594 EDINALARM INC. 2/13/2013 7:48:01 Page- 10 Business Unit GOLF ADMINISTRATION EDINBOROUGH ADMINISTRATION CENTENNIAL LAKES ADMIN EXPENSE FIRE DEPT. GENERAL ARENA BLDGIGROUNDS ARENA BLDG/GROUNDS ARENA BLDG/GROUNDS ADAPTIVE RECREATION 335.05 ALARM SERVICE 307919 78426 5420.6250 ALARM SERVICE CLUB HOUSE 335.05 307920 78419 5420.6250 ALARM SERVICE CLUB HOUSE 513.00 ALARM SERVICE 307921 78363 5821.6250 ALARM SERVICE 50TH ST OCCUPANCY 551.48 ALARM SERVICE 307921 78363 5861.6250 ALARM SERVICE VERNON OCCUPANCY 557.88 ALARM SERVICE 307921 78363 5841.6250 ALARM SERVICE YORK OCCUPANCY 168.00 ALARM SERVICE_ 308020 78472 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 2,460.46 368388 211412013 129947 EHLERS INVESTMENT PARTNERS 110.06 MANAGEMENT FEE 307922 2/1/13 1550.6155 BANK SERVICES CHARGES CENTRAL SERVICES GENERAL 110.06 368389 2114/2013 131546 ELRICK, DREW 125.00 BRAEMAR LOGO 307823 FORE[ 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 125.00 368390 2114/2013 104733 EMERGENCY MEDICAL PRODUCTS INC 439.90 AMBULANCE SUPPLIES 00003871 308066 1528081 1470.6510 FIRSTAID SUPPLIES FIRE DEPT. GENERAL CITY OF EDINA 2/13/2u. - x:48:01 R55CKREG LOG20000 Council Check Register Page - 11 2/8/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 439.90 368391 211412013 104004 ESSIG, CRAIG 166.69 BRIEFCASE 308067 020613 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 166.69 368392 211412013 101476 EVERGREEN LAND SERVICES 300.00 EASEMENT ACQUISITION 308021 00 -10597 10044.1705.20 CONSULTING DESIGN LS44 LIFT STATION 1 REHAB 300.00 368393 211412013 100018 EXPERT T BILLING 8,216.00 JAN 2013 BILLINGS 308068 020413 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 8,216.00 368394 211412013 100146 FACTORY MOTOR PARTS COMPANY 265.52 ALTERNATOR ASSEMBLY 307747 69490089 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 77.17 VEHICLE PART 307748 69- 089802 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 22.48 SWITCH 307749 69- 090100 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 33.60 TRUCK PART 307750 69- 090184 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 32.06- CREDIT 308022 1- 4094024 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 366.71 368395 211412013 116189 FILTRATION SYSTEMS INC. 3,218.37 RANGE FILTERS 308069 51505 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 3,218.37 368396 211412013 120831 FIRST SCRIBE INC. 425.00 ROWAY 307751 2459201 1260.6103 PROFESSIONAL SERVICES ENGINEERING GENERAL 425.00 368397 2114/2013 '129500 FLAT EARTH BREWING CO. 92.00 307963 5852 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 172.00 307964 5915 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 264.00 368398 2114/2013 131570 FLINT KALIEBE, CAROL 10.00 CLASS REFUND 307810 020513 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 10.00 368399 2114/2013 104980 FRONTIER PRECISION INC. 446.74 POLE KIT FOR GPS 00001544 308184 110910 5913.6406 GENERAL SUPPLIES DISTRIBUTION 446.74 R55CKREG LOG20000 211412013 115314 GALAXY COMPUTER INC. CITY OF EDINA 2113/2013 7:48:01 80.00 PRINTER MAINTENANCE 308070 7436 1554.6230 Council Check Register Page - 12 368404 2/1412013 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368400 211412013 130476 FUNTIME FUNKTIONS 2114/2013 101931 GEAR FOR SPORTS 250.00 EP ENTERTAINMENT 2/28/13 307805 020113 5710.6136 PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION 250.00 368406 2114/2013 128266 GILMOUR, CHAD 368401 211412013 500.00 100764 G & K SERVICES 1019 1130.6103 500.00 16.73 368407 308118 013113 5511.6201 LAUNDRY ARENA BLDG/GROUNDS 87.43 JAN 2013 SERVICE 00001661 307752 308118 013113 1646.6201 LAUNDRY BUILDING MAINTENANCE 89.35 368408 308118 013113 5913.6201 LAUNDRY DISTRIBUTION 178.56 GLOVES 00001617 307753 308118 013113 1552.6511 CLEANING SUPPLIES CENT SVC PW BUILDING FILTERS, GLOVES 00001617 307754 9044496249 225.98 308118 013113 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 270.40 308118 013113 1301.6201 LAUNDRY GENERAL MAINTENANCE 868AS 368402 2114/2013 120776 GAGE, NATHALIE 23.39 MILEAGE REIMBURSEMENT 307824 JAN 2013 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 14.10 308185 010312 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 368403 211412013 115314 GALAXY COMPUTER INC. 80.00 PRINTER MAINTENANCE 308070 7436 1554.6230 80.00 368404 2/1412013 100768 GARTNER REFRIGERATION & MFG IN 1,702.00 PREVENTATIVE MAINTAGREEMENT 308119 14006 5510.6136 1,702.00 368405 2114/2013 101931 GEAR FOR SPORTS 1,101.60 MERCHANDISE 308071 11585783 5440.5511 1,101.60 368406 2114/2013 128266 GILMOUR, CHAD 500.00 ENTERPRISE EDINA GRAPHICS 307825 1019 1130.6103 500.00 368407 2/14/2013 100780 GOPHER STATE ONE-CALL INC. 360.50 JAN 2013 SERVICE 00001661 307752 61741 5913.6103 360.50 368408 21114/2013 101103 GRAINGER 79.77 GLOVES 00001617 307753 9044361039 1322.6406 211.80 FILTERS, GLOVES 00001617 307754 9044496249 1322.6406 SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS PROFESSIONAL SVC -OTHER ARENA ADMINISTRATION COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES PROFESSIONAL SERVICES PROFESSIONAL SERVICES GENERAL SUPPLIES GENERAL SUPPLIES COMMUNICATIONS DISTRIBUTION STREET LIGHTING ORNAMENTAL STREET LIGHTING ORNAMENTAL RSSCKREG LOG20000 CITY OF aA 2/13/2 .48:01 Council Check Register Page - 13 2/8/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 79.77- CREDIT 307755 9046544533 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 160.93 TISSUE ROLL DISPENSERS 00006125 307756 9049018469 5420.6406 GENERAL SUPPLIES CLUB HOUSE 9.23 GLOVES 00005908 307757 9050323980 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 18.47 GLOVES 00005908 307758 9050751966 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 9.23 GLOVES 00005908 307759 9050751982 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 18.47 GLOVES 00005908 307760 9050751974 1553.6610 SAFETY EQUIPMENT EQUIPMENT OPERATION GEN 273.17 FIRE EXTINGUISHERS 00005908 307761 9050323998 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 18.47 GLOVES 00005908 307762 9050818229 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 354.83 FIRE EXTINGUISHERS 00005908 308023 9050323964 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 18.47 GLOVES 00005908 308024 9050323972 5913.6610 SAFETY EQUIPMENT DISTRIBUTION 30.00 GLOVES 00005908 308025 9050323956 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 96.98 GLOVES 00005908 308025 9050323956 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 96.98 GLOVES 00005908 308025 9050323956 5913.6406 GENERAL SUPPLIES DISTRIBUTION 18.47 GLOVES 00005908 308026 9050303040 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 546.35 FIRE EXTINGUISHERS 00005908 308027 9050303032 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 15.00 FIRE EXTINGUISHERS, 1STAID 00005911 308028 9054686101 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 20.00 FIRE EXTINGUISHERS, 1ST AID 00005911 308028 9054686101 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 383.95 FIRE EXTINGUISHERS, 1STAID 00005911 308028 9054686101 5913.6406 GENERALSUPPLIES DISTRIBUTION 383.96 FIRE EXTINGUISHERS, 1STAID 00005911 308028 9054686101 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 750.00 FIRE EXTINGUISHERS, 1STAID 00005911 308028 9054686101 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 406.98 WORKBENCH 00006129 308072 9053497286 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 44.52 SHOWERHEADS 00002282 308073 9052999027 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 384.27 HALIDE LAMPS, SHOP TOWELS 00002287 308074 9054179347 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 38.18 TEST PROBE, KNEE PADS 00001618 308171 9044496256 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 4,308.71 368409 211412013 102217 GRAPE BEGINNINGS INC 517.00 307965 148920 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 517.00 368410 2/14/2013 131557 GRAY MANUFACTURING CO. INC. 2,829.00 HYDRAULIC FLOOR JACK 00005954 307763 775021 421553.6710 EQUIPMENT REPLACEMENTI EQ OPER CENTRAL SERV EQUIPMENT 2,829.00 368411 2114/2013 100783 GRAYBAR ELECTRIC CO. INC. 1,257.35 LIGHTPOLE 00001378 307764 964524034 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 1,264.27 LIGHT FIXTURE 00001378 307765 964569580 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 2,521.62 368412 2114/2013 131576 GREENE, TRACY 10.00 PARKING PERMIT REFUND 308075 020713 4090.4751 PARKING PERMITS 50TH&FRANCE MAINTENANCE 10.00 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/812013 — 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 368413 211412013 131668 GREENOUGH, SUSAN 10.00 CLASS REFUND 3D7808 020513 5101.4607 CLASS REGISTRATION, 10.00 368414 2/1412013 130849 GRIFFIN, GINNIFER 2/13/2013 7:48:01 Page - 14 Business Unit ART CENTER REVENUES 86.00 SPRING CLASS REFUND 307826 020413 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS 86.00 368415 211412013 131572 HAAS PLUMBING 21.88 RETURNED WATER METER 307827 020113 5900.2039 SALES & USE TAX PAYABLE UTILITY BALANCE SHEET 300.76 RETURNED WATER METER 307827 020113 5901.4627 SALE OF WATER METERS UTILITY REVENUES 322.64 368416 211412013 131673 HAFED, BOUASSIDA 120.00 ART WORK SOLD 307828 020413 5101.4413 ART WORK SOLD ART CENTER REVENUES 120.00 368417 2114/2013 102060 HALLOCK COMPANY INC 475.94 MINUTE METERS 00001655 308029 104238 -1 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 475.94 368418 2114/2013 102967 HALSTEAD, TODD 129.00 ASE CLASSES & TESTS 307766 020413 1281.6104 CON_ FERENCES & SCHOOLS TRAINING 129.00 368419 211412013 100797 HAWKINS INC. 3,503.48 CHEMICALS 00005243 307767 3431271 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 3,503.48 368420 211412013 100798 HAYDEN- MURPHY EQUIPMENT 928.02 SEALS, V RING, MANUAL 00005947 307768 C79463 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 928.02 368421 2114/2013 100802 HENNEPIN COUNTY ME_ DICAL CENTER 2,550.00 TEMPO EMT REFRESHER 307829 27766 1400.6104 CONFERENCES &SCHOOLS POLICE DEPT. GENERAL 2.550.00 368422 211412013 100801 HENNEPIN COUNTY TREASURER 648.37 JAN 2013 BOOKINGS 308120 1000024745 1195.6170 COURT CHARGES LEGAL SERVICES 648.37 CITY OF EDINA 2M /26 t. ;:48:01 R55CKREG LOG20000 Council Check Register Page - 15 2/8/2013 - 2114/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368423 2/1412013 100601 HENNEPIN COUNTY TREASURER 158.04 TRAFFIC SIGNAL MAINTENANCE 308186 1000024481 1330.6180 CONTRACTED REPAIRS TRAFFIC SIGNALS 158.04 368424 211412013 105436 HENNEPIN COUNTY TREASURER 160.31 JAN 2013 BUNDLED SERVICE 308121 1000024690 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 160.31 JAN 2013 BUNDLED SERVICE 308122 1000024691 1190.6105 DUES & SUBSCRIPTIONS ASSESSING 320.62 368425 2/1412013 115377 HENRICKSEN PSG 60.00 CHAIR REPAIR 307923 512158 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 1,812.60 REMODELING 307924 512156 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 1,872.60 368426 2/1412013 116680 HEWLETT - PACKARD COMPANY 967.59 COMPUTER 00004305 308076 52351623 1260.6406 GENERAL SUPPLIES ENGINEERING GENERAL 967.59 368427 211412013 131678 HEYMER, KATIE 250.00 STAFF PORTRAITS 308077 012913 7410.6103 PROFESSIONAL SERVICES PSTF ADMINISTRATION 250.00 368428 2/1412013 131664 HILL, SHEILA MURPHY 5.00 DOG PARK OVERPAYMENT 307830 REFUND 1400.4120 DOG LICENSES POLICE DEPT. GENERAL 5.00 368429 2/1412013 103753 HILLYARD INC - MINNEAPOLIS 245.27 SEAL FOR TREE RINGS 00002288 308078 600563386 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 65.01- CREDIT ON ACCOUNT 00002160 308079 800033050 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 180.26 368430 2/1412013 104375 HOHENSTEINS INC. 1,829.50 307867 634510 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 572.00 307868 634318 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,208.50 307869 634250 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,610.00 368431 211412013 126816 HOME DEPOT CREDIT SERVICES 48.24 HOSE REEL 307769 011313 5913.6406 GENERAL SUPPLIES DISTRIBUTION 238.83 UTILITY KNIVES, TAPE, FOAM 307769 011313 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 287.07 R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 16 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368432 211412013 120085 IDEAL SERVICE INC. 588.75 VFD SERVICE 00001667 308187 5472 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 588.75 368433 2/14/2013 129508 IMPACT PROVEN SOLUTIONS 2,059.24 JAN 2013 WATER BILLS 308123 73767 5910.6103 PROFESSIONAL SERVICES GENERAL (BILLING) 2,059.24 368434 211412013 131544 INDEED BREWING COMPANY 300.00 307870 10881 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 300.00 308138 10965 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 300.00 308139 10979 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 900.00 368435 211412013 100416 INDEPENDENT EMERGENCY SERVICES 1,700.92 NG911 PROJECT 307770 080437 2310.6406 GENERAL SUPPLIES E911 1,700.92 368436 2/14/2013 131569 JACKSON, KELLY 102.00 CLASS REFUND 307809 _ 020513 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 102.00 368437 2/14/2013 102146 JESSEN PRESS 269.26 ENVELOPES 307771 36133 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 269.26 368438 2114/2013 100741 JJ TAYLOR DIST. OF MINN 3,362.02 307871 2029290 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,548.38 307966 2029292 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 17.55 307967 2029293 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 6,508.63 307968 2029308 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 78.80 307969 2029309 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 84.00 308140 2029299 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 93.80 308141 2029291 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 11,693.18 368439 211412013 124104 JOHN DEERE LANDSCAPES INC. 36.34 ICE MELT 308080 63617908 5422.6406 GENERAL SUPPLIES MAINT OF COURSE 8 GROUNDS 36.34 368441 211412013 100835 JOHNSON BROTHERS LIQUOR CO. 6,752.67 307872 1496696 5662.5513 COST OF GOODS SOLD WINE VERNON SELLING CITY OF EDINA 2/13/2013 7:48:01 1 R55CKREG LOG20000 Council Check Register Page - 17 2/8/2013 - 2/14/2013 Check # Date Amount Supplier /Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 860.00 307873 1494645 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,179,22 307874 1491650 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 51,12 307875 1491646 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 357.23 307876 1491645 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 724.55 307877 1491643 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 193.96 307970 1496682 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 281.47 307971 1496680 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,356.91 307972 1496675 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 3,047.15 307973 1496677 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 347.44 307974 1496679 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,214.87 307975 1496681 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 522,72 307976 1496687 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,378.15 307977 1496688 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,019.39 307978 1496689 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 11,004.80 307979 1496686 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 251.05 307980 1496691 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,129.50 307981 1496678 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,069.83 307982 1496692 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,337.21 307983 1496690 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 604.06 307984 1496693 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 25.07 307985 1496694 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 803.42 308142 1496697 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,306.48 308143 1496702 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,21 308144 1496676 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 10,470.73 308145 1496695 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 106.60 308146 1496700 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 139.97 308147 1496699 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 773,29 308148 1496701 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 569.76 308149 1496698 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,115,72 308150 1496674 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 57,995.57 368442 211412013 102113 JOHNSTONE SUPPLY 41.51 GAS PRESSURE KIT 00001628 308172 182421 1301.6556 TOOLS GENERAL MAINTENANCE 41.51 368443 211412013 113212 KENDELL DOORS & HARDWARE INC. 50.00 BUILDING KEYS 307925 S1000708 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 50.00 368444 211412013 100841 KEPRIOS, JOHN 137.09 MILEAGE REIMBURSEMENT 307926 020713 1600.6107 MILEAGE OR ALLOWANCE PARK ADMIN. GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 218/2013 - 2/14/2013 Check # Date Amount 137.09 368445 211412013 859.10 859.10 368446 2/14/2013 173.21 Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 105269 KORTERRA INC. ANNUAL GSOC MANAGEMENT 307927 13950 5913.6103 PROFESSIONAL SERVICES 119947 KRAEMER MINING & MATERIALS INC ROCK 00001658 308030 228748 5913.6517 SAND GRAVEL & ROCK AMMUNITION ART WORK SOLD CLASS REGISTRATION REPAIR PARTS TOOLS REPAIR PARTS 2/13/2013 7:48:01 Page - 18 Business Unit DISTRIBUTION DISTRIBUTION POLICE DEPT. GENERAL ART CENTER REVENUES ART CENTER REVENUES CENTENNIAL LAKES OPERATING EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER VERNON SELLING DATA PROCESSING DATA PROCESSING LUBRICANTS CENT SERV GEN - MIS CENT SERV GEN - MIS EQUIPMENT OPERATION GEN 173.21 368447, 2/14/2013 131563 L.E. GUN SALES & TRANSFERS 72.85 FROGLUBE KITS 307831 100 1400.6551 'i 72.85 368448 2114/2013 129813 LA VALLEUR, BARBARA 130.00 ART WORK SOLD 308081 020513 5101.4413 130.00 368449 2/1412013 131501 LANDY, LAURA BETH 35.00 CLASS REFUND 307928 020613 5101.4607 1 35.00 368450 211412013 101220 LANO EQUIPMENT INC. 559.24 COIL KIT 00002399 307929 254049 5761.6530 559.24 368451 2/14/2013 100852 LAWSON PRODUCTS INC. 395.68 BAND SAW BLADES 00005984 307772 9301396109 1553.6556 683.13 RIVETS, WASHERS, PLOW BOLTS 00005991 308031 9301403236 1553.6530 1,078.81 1 368452 211412013 124810 LIFT BRIDGE BEER COMPANY 84.00 308151 23334 5862.5514 84.00 368453 2/14/2013 100858 LOGIS 225.00 REDUNDANT FIBER CONNECTIVITY 308188 36096 1554.6160 192.00 NETWORK SUPPORT 308189 36106 1554.6160 I 417.00 368454 2/1412013 101792 LUBE -TECH 248.60 OIL FOR SWEEPERS 00005959 307773 2161446 1553.6584 AMMUNITION ART WORK SOLD CLASS REGISTRATION REPAIR PARTS TOOLS REPAIR PARTS 2/13/2013 7:48:01 Page - 18 Business Unit DISTRIBUTION DISTRIBUTION POLICE DEPT. GENERAL ART CENTER REVENUES ART CENTER REVENUES CENTENNIAL LAKES OPERATING EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN COST OF GOODS SOLD BEER VERNON SELLING DATA PROCESSING DATA PROCESSING LUBRICANTS CENT SERV GEN - MIS CENT SERV GEN - MIS EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/8/2013 - 2114/2013 Check # Date . Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 5862.5515 COST OF GOODS SOLD MIX 5110.6103 PROFESSIONAL SERVICES 1553.6530 1553.6530 1554.6230 1470.6510 1470.6510 1470.6510 1554.6230 REPAIR PARTS REPAIR PARTS 211312011 7:48:01 Page - 19 Business Unit VERNON SELLING ART CENTER ADMINISTRATION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS i FIRSTAID SUPPLIES FIRE DEPT. GENERAL FIRSTAID SUPPLIES FIRE DEPT. GENERAL FIRSTAID SUPPLIES FIRE DEPT. GENERAL SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS 1646.6406 248.60 BUILDING MAINTENANCE 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 368455 2/1412013 GENERAL SUPPLIES 112577 M. AMUNDSON LLP 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 5511.6406 1,172.23 ARENA BLDG/GROUNDS 1554.6103 308152 147223 1550.6230 1,172.23 CENTRAL SERVICES GENERAL 368456 2/1412013 130165 MACDONNELL, STEPHEN 324.00 MODEL 308082 020812 324.00 368457 211412013 100864 MACQUEEN EQUIPMENT INC. 348.28 SIDE SHOE RUNNERS 00005937 307774 2130953 417.79 BELT SPLICE KIT 00005938 308032 2130832 766.07 368458 211412013_ 131581 MARCO INC. 1,539.45 HP SERVICE AND SUPPLIES 308083 INV1292647 1,539.45 368459 211412013 122554 MATHESON TRI -GAS INC. 26.72 OXYGEN 00003649 308084 06337158 175.23 OXYGEN 00003649 308085 06349602 246.11 OXYGEN 00003649 308086 06349620 448.06 368460 211412013 102600 MATRIX COMMUNICATIONS INC 1,603.13 PHONE LICENSES 308087 69289 1,603.13 368461 211412013 101483 MENARDS 51.10 BUILDING REPAIR PARTS 00001622 307775 16163 43.21 ICE MELT 00006335 308088 15796 40.10 PAINT SUPPLIES 00006360 308089 16618 35.35 MAINTENANCE SUPPLIES 00008038 308124 16306 107.94 MAINTENANCE SUPPLIES 00008040 308125 16635 277.70 368462 2/1412013 100885 METRO SALES INC 455.00 OCR SET-UP ON MFPS 308090 123000 4,309.20 COPIER MAINTENANCE 308191 498305 4,764.20 Subledger Account Description 5862.5515 COST OF GOODS SOLD MIX 5110.6103 PROFESSIONAL SERVICES 1553.6530 1553.6530 1554.6230 1470.6510 1470.6510 1470.6510 1554.6230 REPAIR PARTS REPAIR PARTS 211312011 7:48:01 Page - 19 Business Unit VERNON SELLING ART CENTER ADMINISTRATION EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS i FIRSTAID SUPPLIES FIRE DEPT. GENERAL FIRSTAID SUPPLIES FIRE DEPT. GENERAL FIRSTAID SUPPLIES FIRE DEPT. GENERAL SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 5421.6406 GENERAL SUPPLIES GRILL 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL R55CKREG LOG20000 CITY OF EDINA 2/1312013 7:48:01 Council Check Register Page - 20 218/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368463 2/1412013 100887 METROPOLITAN COUNCIL ENVIRONME 353,559.94 SEWER SERVICE 307930 0001008769 5922.6302 SEWER SERVICE METRO SEWER TREATMENT 353,559.94 368464 2/14/2013 102729 METROPOLITAN FORD OF EDEN PRAI 29.95 VEHICLE REPAIRS 308192 212112 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 29.95 368465 211412013 121029 MID CENTRAL DOOR CO. 16.39 BAL DUE ON INV 0022336 -IN 00001412 308190 0022336BAL 5912.6406 GENERAL SUPPLIES . WELL HOUSES 16.39 368466 211412013 101542 MILTONA TURF PRODUCTS 239.08 HEX PLUGGER 00002398 307931 211918 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 239.08 368467 2114/2013 100913 MINNEAPOLIS & SUBURBAN SEWER & 980.00 REPLACE STANDPIPE 00001665 307776 34297 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 1,837.50 REPLACE SERVICE LINE 00001664 307777 34296 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 2,817.50 368468 2/14/2013 103216 MINNEAPOLIS FINANCE DEPARTMENT 16,983.38 431 -0005.300 WATER PURCHASE 307778 020513 5913.6601 WATER PURCHASED DISTRIBUTION 16,983.38 368469 2/14/2013 127062 MINNEHAHA BLDG. MAINT. INC. 16.09 WINDOW CLEANING 307932 928007026 5861.6160 CONTRACTED REPAIRS VERNON OCCUPANCY 21.38 308091 928007025 5841.6180 CONTRACTED REPAIRS YORK OCCUPANCY 37.47 368470 2/1412013 101684 MINNESOTA CHIEFS OF POLICE ASS 80.00 ACADEMY LODGING 307779 3669 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 80.00 368471 2114/2013 128914 MINUTEMAN PRESS 67.80 SALE TAGS 307933 12825 5862.6575 PRINTING VERNON SELLING 67.81 SALE TAGS 307933 12825 5822.6575 PRINTING 50TH ST SELLING 67.81 SALE TAGS 307933 12825 5842.6575 PRINTING YORK SELLING 203.42 368472 2/14/2013 102776 MN DNR ECO- WATERS -RES -' 280.00 2012 ANNUAL PERMIT FEES 308193 1998 -6041 -2012 5933.6260 LICENSES & PERMITS PONDS & LAKES 2/13/2(1._ ,:48:01 Page - 21 Subledger Account Description Business Unit LICENSES & PERMITS WATER TREATMENT SEWER REC FEE UTILITY REVENUES WATER REC FEE UTILITY REVENUES SAC CHARGES INSPECTIONS PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL PROFESSIONAL SERVICES COMP STUDY PROJECT PROTECTIVE CLOTHING FIRE DEPT. GENERAL GENERAL SUPPLIES FIRE DEPT. GENERAL GENERAL SUPPLIES COMMUNICATIONS UNIFORM ALLOWANCE POLICE DEPT. GENERAL SAFETY EQUIPMENT EQUIPMENT OPERATION GEN SAFETY EQUIPMENT CITY OF EDINA R55CKREG LOG20000 DISTRIBUTION SAFETY EQUIPMENT GENERAL MAINTENANCE Council Check Register 2/8/2013 — 2/14/2013 Check # ' Date Amount Supplier/ Explanation PO # Doc No Inv No Account No 280.00 368473 211412013 102775 MN DNR ECO•WATERS-RES 41,587.80 2012 ANNUAL WATER USE REPORT 308194 1973 -1119 -2012 5915.6260 41,587.80 368474 2/1412013 131584 MOLLER ENTERPRISES INC. 2,000.00 SEWER REIMBURSEMENT 308195 ED118153 5901.4646 4,000.00 WATER REIMBURSEMENT 308195 ED118153 5901.4645 11,825.00 SAC REIMBURSEMENT 308195 ED118153 1495.4307 17,825.00 368475 211412013 108668 MORRIS, GRAYLYN 200.00 EP ENTERTAINMENT 2121/13 307604 020113 5710.6136 200.00 368476 2/14/2013 100912 MOTOROLA INC. 1,635.12 JAN -MAR SERVICE AGREEMENT 307832 78223392 1400.6230 1,635.12 368477 211412013 131577 MRA -THE MANAGEMENT ASSOCIATI 450:00 PAY EQUITY PREPARATION 308092 00123469 4412.6103 450.00 368478 2114/2013 101390 MUNICIPAL EMERGENCY SERVICES 1 339.84 FIRE BOOTS 00003579 308093 00381030 SNV 1470.6552 497.18 RESCUE COLLAR, SLINGS 00003579 308094 00382131_SNV 1470.6406 837.02 368479 211412013 106921 NATIONAL CAMERA EXCHANGE 858.16 CAMERA ACCESSORIES 307780 0110307HXDJ 1130.6406 858.16 368480 2114/2013 101359 NIBBE, MICHAEL 60.00 UNIFORM PURCHASE 308126 021113 1400.6203 60.00 368481 2/1412013 125089 NOKOMIS SHOE SHOP 750.00 SAFETY BOOTS 00005910 307781 IN -0285 1553.6610 899.85 SAFETY BOOTS 00005910 307781 IN -0285 1646.6610 1,044.95 SAFETY BOOTS 00005910 307781 IN -0285 5913.6610 1,769.65 SAFETY BOOTS 00005910 307781 IN -0285 1301.6610 2/13/2(1._ ,:48:01 Page - 21 Subledger Account Description Business Unit LICENSES & PERMITS WATER TREATMENT SEWER REC FEE UTILITY REVENUES WATER REC FEE UTILITY REVENUES SAC CHARGES INSPECTIONS PROFESSIONAL SVC - OTHER EDINBOROUGH ADMINISTRATION SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL PROFESSIONAL SERVICES COMP STUDY PROJECT PROTECTIVE CLOTHING FIRE DEPT. GENERAL GENERAL SUPPLIES FIRE DEPT. GENERAL GENERAL SUPPLIES COMMUNICATIONS UNIFORM ALLOWANCE POLICE DEPT. GENERAL SAFETY EQUIPMENT EQUIPMENT OPERATION GEN SAFETY EQUIPMENT BUILDING MAINTENANCE SAFETY EQUIPMENT DISTRIBUTION SAFETY EQUIPMENT GENERAL MAINTENANCE R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/8/2013 — 2114/2013 Check # Date Amount Supplier /.Explanation PO # Doc No Inv No Account No Subledger Account Description 4,464.45 368482 2/1412013 104232 NORTHERN SAFETY TECHNOLOGY INC 325.58 BACK -UP LIGHT 00005958 308033 32566 1553.6530 REPAIR PARTS 325.58 368483 2114/2013 121497 NORTHWEST ASPHALT INC. 465.00 HYDRANT DEPOSIT REFUND 308095 020813 5901.4626 SALE OF WATER 465.00 368484 211412013 100933 NORTHWEST GRAPHIC SUPPLY CO. 122.56 PAPER, PAINT, CANVAS 00009231 307833 43519501 5120.5510 COST OF GOODS SOLD 122.56 368485 2/14/2013 105901 OERTEL ARCHITECTS 2,835.00 FUEL ISLAND CANOPY 307934 #2 44010.1705 CONSTR. IN PROGRESS 2,835.00 368486 211412013 103578 OFFICE DEPOT 15.20 PENS, LABELS 307935 1546711742 5410.6513 OFFICE SUPPLIES 60.52 PAPER, BINDERS, BATTERIES 00002388 307936 642749402001 5760.6406 GENERAL SUPPLIES 75.72 368487 2114/2013 118234 PALANISAMI B ASSOCIATES INC. 1,140.83 GOLF DOME PROJECT 00006135 308196 20836 5200.1727 GOLF DOME 1,140.83 368488 211412013 121026 PALDA & SONS INC. 8,090.21 PARTIAL PAYMENT NO 8 FINAL 308197 021513 03471.1705.30 CONTRACTOR PAYMENTS 8,866.67 PARTIAL PAYMENT NO 8 FINAL 308197 021513 04387.1705.30 CONTRACTOR PAYMENTS 10,444.89 PARTIAL PAYMENT NO 8 FINAL 308197 021513 05525.1705.30 CONTRACTOR PAYMENTS 13,912.06 PARTIAL PAYMENT NO 8 FINAL 308197 021513 01388.1705.30 CONTRACTOR PAYMENTS 41,313.83 368489 2/14/2013 100347 PAUSTIS & SONS 2/13/2013 7:48:01 Page- 22 Business Unit EQUIPMENT OPERATION GEN UTILITY REVENUES ART SUPPLY GIFT GALLERY SHOP PW FACILITY FUEL CANOPY GOLF ADMINISTRATION CENTENNIAL LAKES ADMIN EXPENSE GOLF DOME BALANCE SHEET RICHMOND HILLS PK RICHMOND HILLS PK RICHMOND HILLS PK RICHMOND HILLS PK 1,263.49 307878 8386745 -IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,255.65 307879 8386751 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,263.44 307986 8386749 -IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 368490 211412013 100946 PEPSI -COLA COMPANY 311.70 307880 07807110' 5842.5515 COST OF GOODS SOLD MIX YORK SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 218/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 357.81 307937 07972856 5761.5510 137 -13 308096 09421532 5730.5510 368491 2/1412013 VERNON SELLING 119372 PETSMART#463 VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX 105.11 K9 FOOD 307782 T4787 4607.6406 COST OF GOODS SOLD LIQUOR 105.11 COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD WINE YORK SELLING 368492 211412013 YORK SELLING 100743 PHILLIPS WINE & SPIRITS YORK SELLING COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD WINE 398.08 COST OF GOODS SOLD WINE 307881 2374744 5862.5513 COST OF GOODS SOLD LIQUOR 392.72 COST OF GOODS SOLD LIQUOR 307882 2374756 5862.5513 953.24 307883 2374754 5862.5513 17 -1.36 307987 2374740 5822.5515 161.01 307988 2374746 5822.5513 1,12 307989 2374738 5822.5512 1,018.46 307990 2374745 5822.5512 45.99 307991 2374753 5842.5514 615.18 307992 2374752 5842.5513 3.36 307993 2374741 5842.5512 3,319.69 307994 2374751 5842.5512 57,12 307995 2374750 5842.5515 620.54 307996 2374742 5842.5513 826.83 307997 2374749 5842.5513 1,521.54 308153 2374739 5822.5513 1,12 308154 2374743 5862.5512 1,271.83 308155 2374755 5862.5512 11,379.19 368493 211412013 131560 PIRTEK BURNSVILLE 24.22 NIPPLE 00005997 307834 51716879.001 1553.6530 54.40 BUSHING, ELBOW 00005997 307835 51717060.001 1553.6530 78.62 368494 2/1412013 131291 PITTSBURGH PAINTS 332.94 304765960000 PAINT 308127 1/31/13 STMT 5500.1705 332.94 368495 2/14/2013 100958 PLUNKETTS PEST CONTROL 46.30 PEST CONTROL 308097 3527787 7411.6103 46.30 368496 2/1412013 119620 POMP'S TIRE SERVICE INC. Subledger Account Description COST OF GOODS SOLD COST OF GOODS SOLD GENERAL SUPPLIES 2/13120 is x:48:01 Page - 23 Business Unit CENTENNIAL LAKES OPERATING EDINBOROUGH CONCESSIONS EDINA CRIME FUND K9 DONATION COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD MIX 50TH ST SELLING COST OF GOODS SOLD WINE BOTH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD LIQUOR 50TH ST SELLING COST OF GOODS SOLD BEER YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD LIQUOR YORK SELLING COST OF GOODS SOLD MIX YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE BOTH ST SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING COST OF GOODS SOLD LIQUOR VERNON SELLING REPAIR PARTS EQUIPMENT OPERATION GEN REPAIR PARTS EQUIPMENT OPERATION GEN CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET PROFESSIONAL SERVICES PSTF OCCUPANCY R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 24 2/8/2013 — 2/1412013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 100.14 TIRE 00005778 307783 210043675 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 100.14 368497 2/14/2013 100961 POSTMASTER - USPS 325.00 NEWSLETTER POSTAGE 307836 020713 1628.6235 POSTAGE SENIOR CITIZENS 325.00 368498 211412013 121387 POSTNET 38.09 NOTARY STAMP 307837 201,992 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 38.09 368499 2/1412013 119429 POVOLNY SPECIALTIES 70.80 POWER POLE 00001590 307784 35874 1322.6530 REPAIR PARTS STREET LIGHTING ORNAMENTAL 70.80 368500 211412013 100966 PRINTERS SERVICE INC 306.00 BLADE SHARPENING 308128 263498 5521.6215 EQUIPMENT MAINTENANCE ARENA ICE MAINT 306.00 368501 2/1412013 106341 PRIORITY DISPATCH 2,385.00 MAINTENANCE AGREEMENT RENEWAL 307838, 83396 2310.6406 GENERAL SUPPLIES E911 2,385.00 368502 2/1412013 117692 R & B CLEANING INC. 2,030.63 RAMP STAIRWELL CLEANING 308034 1262 4090.6406 GENERAL SUPPLIES 50TH &FRANCE MAINTENANCE 2,030.63 368503 2/14/2013 131571 RAMSEY, JANE 10.00 CLASS REFUND 307811 020513 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 10.00 368504 2/1412013 102408 RIGID HITCH INCORPORATED 45.89 JACK 00005996 307785 1927375739 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 45.89 368505 2/14/2013 101963 S & S TREE SPECIALISTS 456.00 OAK WILT CONTROL 307786 67001 1644.6103 PROFESSIONAL SERVICES TREES & MAINTENANCE 456.00 368506 2/1412013 104087 SAFE ASSURE CONSULTANTS INC. 3;250.00 SAFETY CONSULTING 308098 570 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 3,250.00 R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 25 2/8/2013 - 2/1412013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 368507 211412013 100988 SAFETY KLEEN 113.07 RECYCLING PARTS WASHER 308035 928472662 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 113.07 368508 211412013 105442 SCHERER BROS. LUMBER CO. 563.27 LUMBER 00002396 307938 41087152 5750.1720 BUILDINGS CENTENNIAL LAKES BALANCE SHEET 563.27 368509 211412013 104151 SCHINDLER ELEVATOR CORP. 762.54 RAMP ELEVATOR MAINTENANCE 308036 8103393793 1375.6103 PROFESSIONAL SERVICES PARKING RAMP 762.54 368510 211412013 103219 SGN WENDEL 5,520.00 SHELTER BUILDING DESIGN 308099 3631 47078.6710 EQUIPMENT REPLACEMENT COUNTRYSIDE PK PLAYGROUND &PATH 5,520.00 368611 211412013 120784 SIGN PRO 87.81 ONE SIGNS 307787 6382 5842.6575 PRINTING YORK SELLING 75.88 PARKING SIGN 308129 6389 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 163.69 368612 2114/2013 122800 SOUTH METRO CARPET & UPHOLSTER 336.66 CARPET CLEANING 307939 964 5821.6162 SERVICES CUSTODIANS 50TH ST OCCUPANCY 224.44 307940 965 5861.6162 SERVICES CUSTODIANS VERNON OCCUPANCY 224.44 307941 966 5841.6162 SERVICES CUSTODIANS YORK OCCUPANCY 80.16 307942 968 5821.6162 SERVICES CUSTODIANS 50TH ST OCCUPANCY 865.70 368513 211412013 102935 SOUTH TOWN REFRIGERATION INC 344.50 REFRIGERATION MAINTENANCE 307943 35361 5421.6102 CONTRACTUAL SERVICES GRILL 344.50 368514 211412013 127878 SOUTHERN WINE AND SPIRITS 1,591.64 307884 1000496 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,839.00 307884 1000496 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,377.99 307998 1000495 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,624.27 307998 1000495 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 107.26 308156 1000494 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 693.00 308156 1000494 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 14,233.16 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description 368515 •211412013 101004 SPS COMPANIES 49.43 PLUMBING REPAIR 00001630 307788 S2674501.001 1646.6530 REPAIR PARTS 87.33 PIPE, FITTINGS 00001683 308037 S2677859.001 5912.6406 GENERAL SUPPLIES 2/1312013 7:48:01 Page - 26 Business Unit BUILDING MAINTENANCE WELL HOUSES 5822.6122 ADVERTISING OTHER 50TH ST SELLING 5842.6122 ADVERTISING OTHER YORK SELLING 5862.6122 ADVERTISING OTHER VERNON SELLING 1400.6551 AMMUNITION POLICE DEPT. GENERAL 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 5110.6104 CONFERENCES & SCHOOLS ART CENTER ADMINISTRATION 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 5822.6122 136.76 50TH ST SELLING 5842.6122 ADVERTISING OTHER 368516 211412013 5862.6122 101007 STAR TRIBUNE VERNON SELLING 5410.6122 ADVERTISING OTHER 721.00 EDINA LIQUOR ADVERSTISING 308100 1009535365 721.00 EDINA LIQUOR ADVERSTISING 308100 1009535365 721.00 EDINA LIQUOR ADVERSTISING 308100 1009535365 2,163.00 368517 2114/2013 101015 STREICHERS 3,198.23 AMMO 00003036 307789 1992977 1,025.33 VEST, UNIFORM CARRIER 307790 1993508 1,025.33 VEST, UNIFORM CARRIER 307791 1993511 5,248.89 368518 211412013 131565 STROUD, JULIE 600.00 DEVELOPMENT CONSULTING 307839 013113 600.00 368519 2/14/2013 101017 SUBURBAN CHEVROLET 648.91 VEHICLE REPAIRS 307792 623709 648.91 368520 2JI412013 105874 SUBURBAN TIRE WHOLESALE INC. 1,378.05 TIRES 00005963 307793 10115360 1,378.05 368621 211412013 100900 SUN NEWSPAPERS 188.33 EDINA LIQUOR ADVERTISING 307840 1420228 188.33 EDINA LIQUOR ADVERTISING 307840 1420228 188.34 EDINA LIQUOR ADVERTISING 307840 1420228 315.00 BRAEMAR GOLF AD 307944 1420227 280.50 HELP SHAPE AD 307945 1420229 1,160.50 368522 2/14/2013 105386 SUPERIOR IRON INC. 1,800.00 MODIFY RAILING 308198 28787 1,800.00 368623 211412013 120998 SURLY BREWING CO. 2/1312013 7:48:01 Page - 26 Business Unit BUILDING MAINTENANCE WELL HOUSES 5822.6122 ADVERTISING OTHER 50TH ST SELLING 5842.6122 ADVERTISING OTHER YORK SELLING 5862.6122 ADVERTISING OTHER VERNON SELLING 1400.6551 AMMUNITION POLICE DEPT. GENERAL 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 5110.6104 CONFERENCES & SCHOOLS ART CENTER ADMINISTRATION 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 5822.6122 ADVERTISING OTHER 50TH ST SELLING 5842.6122 ADVERTISING OTHER YORK SELLING 5862.6122 ADVERTISING OTHER VERNON SELLING 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 1120.6120 ADVERTISING LEGAL ADMINISTRATION 5500.1705 CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET CITY OF EDINA 2113/2013 7:48:01 R55CKREG LOG20000 Council Check Register Page - 27 2/8/2013 - 2/1412013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 479.00 307885 009999 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 686.00 307999 010057 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,165.00 368524 2/1412013 104932 TAYLOR MADE 272.78 GOLF CLUB 308101 19114036 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 5.28- CREDIT 308102 19704661 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 267.50 368625 211412013 101035 THORPE DISTRIBUTING COMPANY 791.35 307886 735902 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 17.65 307887 735903 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 809.00 368526 211412013 120700 TIGER OAK PUBLICATIONS INC. 330.00 MAGAZINE ADVERTISING 307794 2013 -88734 5822.6122 ADVERTISING OTHER 50TH ST SELLING 330.00 MAGAZINE ADVERTISING 307794 2013 -88734 5842.6122 ADVERTISING OTHER YORK SELLING 330.00 MAGAZINE ADVERTISING 307794 2013 -88734 5862.6122 ADVERTISING OTHER VERNON SELLING 990.00 368527 2/1412013 123129 TIMESAVER OFF SITE SECRETARIAL 192.90 VETERANS COMMITTEE MEEETING 308103 M19574 1600.6103 PROFESSIONAL SERVICES PARK ADMIN. GENERAL 192.90 368528 211412013 103277 TITAN MACHINERY 115.43 AIR FILTER 00005993 307795 190928PC 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 120.29 HITCH DAMPER 00005994 307796 191208PC 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 149.30 CHECK THE HANDLE 308039 49199SV 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 385.02 368529 211412013 131040 TLO LLC 110.50 JAN USAGE 307797 269634 -JAN 2013 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 110.50 368530 211412013 120595 T- MOBILE 32.63 477067848 SURVEY PHONE 308038 012713 1260.6188 TELEPHONE ENGINEERING GENERAL 32.63 368531 211412013 101374 TOWN & COUNTRY FENCE 2,575.00 FENCING AT CORNELIA PARK 00001686 308040 920277 1646.6180 CONTRACTED REPAIRS BUILDING MAINTENANCE 2,575.00 R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/8/2013 — 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 368632 2114/2013 103982 TRAFFIC CONTROL CORPORATION 8,158.51 CONFLICT MONITORS 00001603 307798 57889 1330.6215 8,158.51 368533 211412013 103218 TRI STATE BOBCAT 156.29 DRIVE NUT, SNAP RING 308173 P18934 1553.6530 156.29 368534 2/14/2013 123969 TWIN CITIES OCCUPATIONAL HEALT 270.00 PRE - EMPLOYMENT PHYSICAL 307946 102014752 1550.6121 270.00 368535 211412013 101047 TWIN CITY GARAGE DOOR CO 1,661.12 GARAGE DOOR REPAIR 308041 385776 1552.6180 1,661.12 368536 2/14/2013 131574 TYMCHUCK;'CHRIS 11.00 CLASS REFUND 307947 020613 5101.4607 11.00 368537 2114/2013 103298 UPS STORE #1715, THE 45.09 SHIPPING CHARGE 00002518 307948 TRAN: 8942 1260.6406 45.09 368538 2114/2013 101908 US FOODS 242.93 CUST 43805514 308104 013113 5421.6406 480.77 CUST 43805514 308104 013113 5421.5510 723.70 368539 2/1412013 119476 USPCA REGION 12 60.00 DETECTOR DOG CERTIFICATION 307841 JASON BEHR 1400.6104 60.00 368640 2/1412013 103590 VALLEY -RICH CO. INC. 4,976.00 WATER MAIN BREAK REPAIRS 00001668 307949 18472 5913.6180 4,976.00 368541 211412013 101058 VAN PAPER CO. 631.26 LIQUOR BAGS 00007512 307799 262329 -00 5842.6512 631.26 368542 211412013 101063 VERSATILE VEHICLES INC. Subledger Account Description EQUIPMENT MAINTENANCE REPAIR PARTS 2/13/2013 7:48:01 Page - 28 Business Unit TRAFFIC SIGNALS EQUIPMENT OPERATION GEN ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL CONTRACTED REPAIRS CENT SVC PW BUILDING CLASS REGISTRATION ART CENTER REVENUES GENERAL SUPPLIES ENGINEERING GENERAL GENERAL SUPPLIES GRILL COST OF GOODS SOLD GRILL CONFERENCES & SCHOOLS POLICE DEPT. GENERAL CONTRACTED REPAIRS DISTRIBUTION PAPER SUPPLIES YORK SELLING CITY OF EDINA 2/13/2011 7:48:01 R55CKREG LOG20000 Council Check Register Page - 29 2/8/2013 - 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 75.12 LEAF SPRINGS 00006359 308105 12813007 5423.6530 REPAIR PARTS GOLF CARS 75.12 368543 2/14/2013 119454 VINOCOPIA 213.00 307888 0071878 -IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 346.66 308000 0071876 -IN 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 251.05 308157 0071879 -IN 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 810.71 368544 2/14/2013 121042 WALLACE CARLSON PRINTING 134.48 TEEN SHOW POSTCARDS 307842 55151 5110.6575 PRINTING ART CENTER ADMINISTRATION 134.48 368545 211412013 130574 WATSON COMPANY 2,642.72 CONCESSION PRODUCT 308130 020113 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 2,642.72 368546 211412013 104681 WEBB, DONNA _ 170.00 STUDENT SUPPLIES 307950 020113 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 40.00 SUPPLIES REIMBURSEMENT 308106 020813 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 210.00 368547 211412013 101033 WINE COMPANY, THE 860.50 307889 321872 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 858.53 307890 321871 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 408.40 308001 321751 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,127.43 368648 2114/2013 101312 WINE MERCHANTS 1,618.06 307891 441975 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 260.48 307892 442816 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,882.14 307893 442819 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 557.43 308002 442814 5822.5513 COST OF GOODS SOLD WINE BOTH ST SELLING 252.91 308003 442818 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 248.86 308004 442815 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,819.88 368649 211412013 117482 WINECONNECT INC. 159.24 WEB- FEB 2013 307800 1067 5842.6406 GENERAL SUPPLIES YORK SELLING 159.24 368550 211412013 124291 WIRTZ BEVERAGE MINNESOTA R55CKREG LOG20000 CITY OF EDINA 2/13/2013 7:48:01 Council Check Register Page - 30 2/8/2013 - 2/14/2013 Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,147.05 307894 1080000866 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,206.52 307895 1080000844 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,937.13 307896 1080000836 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,109.85 368005 1080000857 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 79.64 308006 1080000870 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 15,982.61 308007 1080000860 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 918.16 308008 1080000855 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 429.30 308158 1080001786 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,082.95 308159 1080001764 5642.5513 COST OF GOODS SOLD WINE YORK SELLING 28,893.21 368551 2/1412013 124629 WIRTZ BEVERAGE MINNESOTA BEER 1,720.85 307897 1090000440 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,350.10 308160 1090002054 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 240.00 308161 1090002065 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,824.80 308162 1090002067 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 27.65 308163 1090002072 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 21.50 308164 1090002073 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 6,184.90 368552 2/1412013 123911 WRAP CITY GRAPHICS 58.78 DECALS 00006140 308107 13 -091 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 58.78 368553 2/1412013 101726 XCEL ENERGY - 18.36 51- 4151897 -6 307843 356003436 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 1,704.61 51- 5547446 -1 307844 355676785 1628.6185 LIGHT & POWER SENIOR CITIZENS 272.74 51- 6046826 -0 307845 355684099 5422.6185 LIGHT & POWER MAINT OF COURSE & GROUNDS 618.87 51- 4827232 -6 307846 355665666 5311.6185 LIGHT & POWER POOL OPERATION 1,074.78 51- 6979948 -4 307847 355886551 5821.6185 LIGHT &POWER 50TH ST OCCUPANCY 1,472.57 51- 6979948 -4 307847 355886551 5861.6185 LIGHT & POWER VERNON OCCUPANCY 1,976.59 51- 6979948-4 307847 355886551 5841.6185 LIGHT &POWER YORK OCCUPANCY 619.35 51- 9422326 -6 307848 355922004 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 7,102.71 51- 6955679 -8 307849 356207484 1551.6185 LIGHT & POWER CITY HALL GENERAL 1,756.45 51- 6229265 -9 307850 356044963 1470.6185 LIGHT & POWER FIRE DEPT. GENERAL 42.36 51- 7567037-0 307851 356054249 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 259.41 51- 6137136 -8 307852 356035188 5430.6185 LIGHT & POWER RICHARDS GOLF COURSE 2,372.50 51- 4966303 -6 .307853 355936690 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 1,111.17 51- 5634814 -2 307951 356025792 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 160.97 51- 5938955 -6 307952 355684156 4086.6185 LIGHT & POWER AQUATIC WEEDS 1,948.99 51- 6621207 -1 307953 356366740 5911.6185 LIGHT & POWER WELL PUMPS 433.93 51- 9013604 -6 307954 356233713 5911.6185 LIGHT & POWER WELL PUMPS Subledger Account Description LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER EQUIPMENT RENTAL GASOLINE 2/13/2013 7:48:01 Page- 31 Business Unit SANITARY LIFT STATION MAINT PSTF OCCUPANCY CLUB HOUSE CENTRAL SERVICES GENERAL EQUIPMENT OPERATION GEN COST OF GOODS SOLD WINE YORK SELLING CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1,026.93 886,151.69 Grand Total Payment Instrument Totals Check Total 886,151.69 Total Payments 886,151.69 CITY OF EDINA R55CKREG LOG20000 Council Check Register 2/8/2013 — 2/14/2013 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No 1,329.40 51- 5847121 -5 307955 356189459 5911.6185 3,568.99 51- 6840050 -6 308108 356550642 5921.6185 3,134.72 514159265 -8 308109 355313202 7411.6185 4,988.71 51- 6824328 -7 308131 356722637 5420.6185 35,968.18 368554 211412013 100668 XEROX CORPORATION 214.05 JAN USAGE - PARK & REC 00004322 307801 066221710 1550.6151 214.05 368555 211412013 119647 YOCUM OIL COMPANY INC. 12,810.31 DIESEL FUEL 00005975 308174 538585 1553.6581 12,810.31 368556 2/1412013 120099 Z WINES USA LLC 728.00 308009 11734 5842.5513 728.00 368557 2114/2013 101091 ZIEGLER INC 1026.93 EQUIPMENT REPAIRS 308042 SW050194816 1553.6180 Subledger Account Description LIGHT & POWER LIGHT & POWER LIGHT & POWER LIGHT & POWER EQUIPMENT RENTAL GASOLINE 2/13/2013 7:48:01 Page- 31 Business Unit SANITARY LIFT STATION MAINT PSTF OCCUPANCY CLUB HOUSE CENTRAL SERVICES GENERAL EQUIPMENT OPERATION GEN COST OF GOODS SOLD WINE YORK SELLING CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1,026.93 886,151.69 Grand Total Payment Instrument Totals Check Total 886,151.69 Total Payments 886,151.69 R55CKSUM LOG20000 Company Amount 01000 GENERAL FUND 129,514.21 02300 POLICE SPECIAL REVENUE 4,085.92 04000 WORKING CAPITAL FUND 27,031.03 04200 EQUIPMENT REPLACEMENT FUND 2,850.36 05100 ART CENTER FUND 2,906.35 05200 GOLF DOME FUND 1,200.43 05300 AQUATIC CENTER FUND 618.87 05400 GOLF COURSE FUND 14,354.98 05500 ICE ARENA FUND 7,763.36 05700 EDINBOROUGH PARK FUND 7,771.09 05750 CENTENNIAL LAKES PARK FUND 1,801.68 05800 LIQUOR FUND 189,005.72 05900 UTILITY FUND 473,381.75 05930 STORM SEWER FUND 10,450.03 07400 PSTF AGENCY FUND 13,415.91 Report Totals 886,151.69 CITY OF EDINA Council Check Summary 218/2013 - 2/14/2013 2/13/2013 7:50:01 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 . R � • .0 � ST F©R P- UI�CHASE . Q IAN MZ=Z OF $20;000 /CHANSIR own :R To: MAYOR AND COUNCIL From: Wayne D. Houle, P.E. Director of Engineering Date: February 19, 2013 Subject: Change Order No. I - Braemar Public Works Site Lead Abatement w91��r� o o ,NCpRppTy/.'�F'� o Is88 Agenda Item 4. IV. C. The Recommended Bid is ® Within Budget ❑ Not Within Budget Date. Bid Opened or Quote Received: Bid or Expiration. Date: December 4,2012 Company: Belair Sitework Services Recommended Quote or Bid: Approval of Change Order No. Amount of Quote or Bid: $38,480.90 General Information: This change order is for the additional treatment of lead contaminated soils that were part of the overall lead abatement project. The initial soil tests indicated that the soils could be transferred to a landfill without additional treatment. Staff received tests prior to the award of quote that indicated additional treatment would be required and did not know the final volume of soils. 2,614 tons of lead contaminated soils were removed from the area; half of this material required additional treatment. The overall project cost which includes consultant fees is $145,682.90. This change order will increase the original quote over 10 %, which requires City Council approval. The total. construction cost is $118,182.90. The Capital Improvement Plan appropriated $200,000 for this project. - I G:\PW\CENTRAL SVCS\ENG DIV\PROJECTMCONTRACTS\2012\NC 12.7 Soil Remediation at Braemar\A243 Braemar Sports Dome & Lead Abatement\ADMIN\MISC \Item IV.C., Change Order No. . I - Braemar Public Works Site Lead Abatement.docx City of Edina .• 4801 W. 50th St. • Edina, MN 55424 wq1� ,j'�r ow e ,, �t,� 94 �y 011. MURK, 1888 To: MAYOR AND COUNCIL Agenda Item #: IV. D. From: Ross Bintner P.E. Action Environmental Engineer Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Resolution No. 2013 -22 Authorizing Metropolitan Council Sewer Rehabilitation Grant Agreement Action Requested: Authorize Mayor to sign attached resolution approving Mayor and City Manager to sign attached grant agreement. Information / Background: Inflow and infiltration (1 /1) has been an issue with both the metropolitan region and the local sanitary sewer collection systems. 1/1 is clear water (rain or ground water) that makes its way into the waste water collection system and does not'need to be treated by the Metropolitan Council's Waste Water Treatment Plants. The Minnesota Legislature has appropriated $4,000,000 to the Metropolitan Council for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of 1/1 into the system. The City of Edina is eligible for $558,027 in reimbursement or up to one half of its eligible expenses (about 25% of total costs) to line sanitary sewers, seal manhole structures and mitigate flooding of 1/1 sanitary sewer collection infrastructure. The monies from this grant will be utilized in a variety of 2012 -2014 roadway reconstruction projects as well as CIP Project # UT -08 -014, 2013 -2014 Trunk Sanitary Sewer Lining. Due to grant monies coming from the state general obligation bonds there are stipulations on eligible costs such as property or easement ownership and prevailing wages law the City must meet. Staff feels these stipulations can be met. Attachments: Resolution No. 2013 -22 Grant Agreement G: \PW \INFRAS \UTILITIES DIV\SANITARY SEWER \MCES I n I program \2012 MCES I &I Grant \ADMIN \ITEM W.D. AUTHORIZING METCOUNCIL.GRANT AGREEMENT.docx City of Edina • 4801 W. 50`" Sc • Edina, MN 55424 RESOLUTION NO. 2013 -22 APPROVING GRANT AGREEMENT NO. SG2013 -006 BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDINA FOR SEWER REHAB WORK (INFLOW AND INFILTRATION ABATEMENT PROJECTS) WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council $4,000,000 for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection, systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system (1/1 Municipal Grant Program "); and WHEREAS, the City of Edina submitted an application for grant funds and the Council identified the City has a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds of $558,027 under the 1/1 Municipal Grant Program; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edina: 1. That the City Council Approves Grant Agreement No. SG2013 -006 between the Metropolitan Council and the City of Edina and Authorizes the Mayor and City Manager to Sign. Dated: February 19, 2013 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 19, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ City Clerk ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 wwwEdinaMN.gov • 952 - 826 -0371 • Fax 952 - 826 -0392 CONTRACT-NO. SG2013 -006 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program State of Minnesota General Obligation Bond Proceeds Grant Agreement — Construction Grant for the Edina - Sewer Rehab Work (Pipe, Manhole & Flood Mitigation) Project TABLE OF CONTENTS RECITALS. Article I - DEFINITIONS Section 1.01—Defined Terms Article II - GRANT Section 2.01 — Grant of Monies Section 2.02 — Public Ownership Section 2.03 — Use of Grant Proceeds Section 2.04 — Operation of the Real Property and Facility Section 2.05 — Grantee Representations and Warranties Section 2.06 — Ownership by Leasehold or Easement Section 2.07 — Event(s) of Default Section 2.08 _ Remedies Section 2.09 — Notification of Event of Default Section 2.10 — Survival of Event of Default Section 2.11 — Term of Grant Agreement Section 2.12 — Modification and/or Early Termination of Grant Section 2.13 — Excess Funds. Article III — USE CONTRACTS [NOT TO BE USED IN THIS AGREEMENT] Section 3.01 — General Provisions - Section 3.02 — Initial Term and Renewal Section 3.03 — Reimbursement of Counterparty Section 3.04 — Receipt of Monies Under a Use Contract Article IV — SALE Section 4.01 — Sale Section 4.02 — Proceeds of Sale Article V — COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01— State Bond Financed Property Section 5.02 — Preservation of Tax Exempt Status Section 5.03 — Changes to G.O. Compliance Legislation or. the Commissioner's Order Article VI — DISBURSEMENT OF GRANT PROCEEDS Section 6.01 — The Advances Section 6.02 — Draw Requisitions Section '6.03 — Additional Funds Section 6.04 — Condition Precedent to Any Advance Section 6.05 — Construction Inspections GENERAL OBLIGATION GRANT PROCEEDS MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND EDINA This Intergovernmental Grant Agreement ( "Grant Agreement ") is made this day of , 201_, and. entered into by and between Metropolitan Council a public corporation and political subdivision of the State of Minnesota ( "Council ") and Edina, a Minnesota Municipal corporation ( "Grantee "). BACKGROUND RECITALS 1. The Minnesota Legislature has appropriated to the Council in the 2012 Session Laws Chapter 293, Section 17, subdivision 3, $4,000,000 for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system ("M Municipal Grant Program "). 2. The monies allocated to fund the appropriation to the Council are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 3. The Council has gone through a public process and formally adopted Guidelines for the M Municipal Grant Program. Grantee has read and understands the Council Guidelines ( "Council Guidelines ") 4. Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the M Municipal Grant Program. 5. Pursuant to its authority under Minnesota Statutes § 444.075 [or other authority, if different], Grantee operates a municipal wastewater collection system ke Article VII- MISCELLANEOUS Section 7.01 — Insurance Section 7.02 — Condemnation Section 7.03 — Use, Maintenance, Repair and Alterations Section 7.04 — Records Keeping and Reporting Section 7.05 — Inspections by Council Section 7.06 — Data Practices Section 7.07 — Non - Discrimination Section 7.08 — Worker's Compensation Section 7.09 — Antitrust Claims Section 7.10 — Review of Plans and Cost Estimates [NOT TO BE USED] Section 7.11— Prevailing Wages Section 7.12 — Liability Section 7.13 — Indemnification by the Grantee Section 7.14 — Relationship of the Parties Section 7.15 — Notices Section 7.16 — Binding Effect and Assignment or Modification Section 7.17 — Waiver Section 7.18 — Entire Agreement Section 7.19 — Choice of Law and Venue Section 7.20 — Severability ; Section 7.21— Time of Essence Section 7.22 — Counterparts Section 7.23 — Matching Funds Section 7.24 - Source and Use of Funds Section 7.25 — Project Completion Schedule Section 7.26 — Third -Party Beneficiary Section 7.27 — Grantee Tasks Section 7.28 — Council and Commissioner Required Acts and Approvals Section 7.29 — Applicability to Real Property and Facility Section 7.30 — E- Verification Section 7.31— Additional Requirements Section 7.32 — Termination Due to Lack of Funds Section 7.33 — Grant Program Remainder Funds Attachment I — DECLARATION Attachment I -A - CERTIFICATION Attachment II — LEGAL DESCRIPTION OF REAL PROPERTY Attachment III — SOURCE AND USE OF FUNDS Attachment IV — PROJECT DESCRIPTION AND COMPLETION SCHEDULE 2 identified as Edina Wastewater Collection System ( "Wastewater System ") and has submitted an. application for grant funds including a timeline for an inflow and infiltration mitigation capital improvement project to the Wastewater System to the Council in accordance with Council's Guidelines. For purposes of this Agreement, the term "Governmental Program" means the Wastewater System. 6. Council has reviewed and found eligible Grantee's application for grant funds and has awarded such grant funds ( "G.O. Grant ") to Grantee to construct a capital improvement project to Grantee's pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7. The Grantee's receipt and use of the I/I Municipal Grant Program to acquire an ownership interest in and/or improve real property (the "Real Property ") and structures situated thereon (the "Facility ") will cause the Grantee's ownership interest in all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated June 19, 2012 (the "Commissioner's Order "), even though such funds shall only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. 8, Council and Grantee desire to set forth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property and the Facility. NOW, THEREFORE, in consideration of the G.O. Grant described and other provisions in this Agreement, Council and Grantee agree as follows: - 4 Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)" — means an advance made or to be made by the Council to the Grantee and disbursed in accordance with the provisions contained in Article VI hereof. "Agreement" - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - Construction Grant for the Edina - Sewer Rehab Work (Pipe, Manhole & Flood Mid ag tion) Project, as such exists on its original date and any amendments, modifications or restatements thereof. "Approved Debt" — means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and Facility; other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he /she has consented, in writing, to such amounts. "Architect ", if any - means P/A - , which will administer the Construction Contract Documents on behalf of the Grantee. "Certification" — means a certification in the form contained in Attachment 1 -A to this Agreement and all amendments thereto, acknowledging that the Real Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of MMB" - means the commissioner of the Minnesota Department of Management and Budget, and any designated representatives thereof. 5 "Commissioner's Order" - means that certain "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated June 19, 2012. "Completion Date" — means November 30, 2014 the date of projected completion of the Project. "Contractor" - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, a general contractor. "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the Council, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Grantee and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Construction Items" — means the work to be performed under the Construction Contract Documents. "Council" - means the entity identified as the "Metropolitan Council" in the lead -in paragraph of this Agreement. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Grantee's ownership interest in the Real Property and Facility is state bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. "Draw Requisition" - means a draw requisition that the Grantee, or its designee, submits to the Council when an Advance is requested, as referred to in Section 6.02. "Easement Premises" - means the real estate and structures, granted to the Grantee under an easement. "Event of Default" - means one or more of those events delineated in Section 2.07. "Facility" means, the Wastewater Systems identified in Recital No. 5 of this Agreement which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. "G.O. Bonding Legislation" — means the legislation delineated in Recital Nos. 1 and 2 hereinabove as the G.O. Bonding Legislation. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant and any state bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 as such may subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "G.O. Grant" means a grant of monies from the Council to the Grantee in the amount identified as the "G.O. Grant" in Section 2.01 (b) to this Agreement, as the amount thereof may be modified under the provisions contained herein. "Governmental Program" means the operation of the Real Property and the Facility for the purpose specified and identified in Recital No. 5 of this Agreement as the Governmental Program. "Grantee" - means the entity identified as the "Grantee" in the lead -in paragraph of this Agreement. "Initial Acquisition and Betterment Costs" — means the cost to acquire the Grantee's ownership interest in the Real Property and Facility if the Grantee does not already possess the required ownership interest, and the costs of betterments of the Real Property and Facility; provided, however, the Council and the Commissioner of MMB are not bound by any specific amount of such alleged costs unless consented to in writing. "Inspecting Engineer ", if any - means the Council's construction inspector, or its designated consulting engineer. "Outstanding Balance of the G.O. Grant— means the portion of the G.O. Grant that has been disbursed to or on behalf of the Grantee minus any portion thereof previously paid back to the Commissioner of MMB. 7 "Ownership Value ", if any – means the value, if any, of the Grantee's ownership interest in the Real Property and Facility that existed concurrent with the Grantee's execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $i,895,999 — or N A Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he /she has consented, in writing, -to such amount. If no dollar amount is inserted and the blank "Not Applicable" is not. checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Grantee's ownership interest in the Real Property and, Facility, and in such event the value of such ownership interest should be shown in Attachment Ill and not in this definition for Ownership Value). "Project" - means the Grantee's acquisition, of the ownership interests in the Real Property and, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Grantee is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment Ill hereto and instead shall be included in the definition for Ownership Value under this Section) "Real Property" - means the real property located in the County of 165CPA , State of Minnesota and identified in Attachment II to this Agreement by legal description, narrative description or diagram. "Subsequent Betterment Costs" – means the costs of betterments of the Real Property and Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which' has been established by way of written documentation that is acceptable to and approved, in writing, by the Council and the Commissioner of MMB. "Useful Life of the Real Property and Facility" – means (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constricted or bettered. Article II GRANT Section 2.01(a). Grant of Monies. The Council shall make and issue the G.O. Grant to the Grantee, for payment of Project items as described in Attachment IV to this Agreement and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the Council or the Commissioner of MMB under certain circumstances. Section 2.01(b). Maximum Expected Grant Amount ( "Maximum Grant Amount "). The Council will pay to Grantee a Maximum Grant Amount during the Grant Project activity period of up to $558,027 ( "Maximum Grant Amount "). However, in no event will the actual amount that the Council will pay to the Grantee for this Agreement exceed one -half of the actual amount expended by the Grantee on eligible expenses as specified in Section 2.01(a). Neither the Council nor the MMB shall bear any responsibility for a cost overrun which may be incurred by the Grantee in performance of the Project. The actual Grant Amount will be determined by the Council upon submission by Grantee to Council of reasonable, eligible and verifiable costs submitted in accordance with the terms of this Agreement for the Grant Project as described in Attachment IV. Section 2.02 Public Ownership. The Grantee acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership or an easement. In order to-establish that this public ownership requirement is satisfied, the Grantee represents and warrants to the Council that it has, or will acquire, the following ownership interests in the Real Property and Facility, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property for the Facility.) Ownership Interest in the Real Property. MFee simple ownership of the Real Property. An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ) Permit for pipe in [Permittor] right -of -way that complies with the requirements contained in Section 2.06. Ownership Interest in the Facility. Fee simple ownership of the Facility. Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Grantee shall use the G.O. Grant solely to reimburse itself for expenditures it has already made in the performance of the Project as. described in Attachment IV to this Agreement, and may not use the G.O. Grant for any other purpose. The Project as described in Attachment IV consists of the following: (Check all appropriate boxes.) ❑ Acquisition of fee simple title to the Real Property. ❑ Acquisition of an easement for the Real Property. ❑ Improvement of the Real Property. ❑ . Acquisition of fee simple title to the Facility. ❑ Construction of the Facility. QRenovation of the Facility. (Describe other or additional purposes.) Further, Grantee agrees to perform and complete in a satisfactory manner the Project as described in Grantee's application for assistance under the Council's I/I Municipal Grant Program, which application is incorporated into Attachment IV of this Agreement by reference, and in accordance with the terms and conditions of this 10 Agreement. Specifically, the Grantee agrees to perform the Project in accordance with a specific timeline, all as described in Attachment IV and to undertake the financial responsibilities described in Attachment III to this Agreement. The Grantee has the responsibility for and obligation to complete the Project as described in Attachment III and IV. The Council makes no representation or warranties with respect to the success and effectiveness of the Project. The G.O. Grant cannot be used for normal municipal operating or overhead costs related to the Project. G.O. Grant funds cannot be used for the costs of studies or for engineering or planning costs, or for equipment, machinery, supplies or other property necessary to conduct the Project except for equipment, supplies or other property which will be used primarily for the Project and that are specifically listed in Attachment IV. Section 2.04 Operation of the Real Property and Facility. The Real Property and Facility must be used by the Grantee or the Grantee must cause such Real Property and Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses. Grantee must annually determine that the Real Property and Facility is being used for the purpose required by this Agreement, and has or has not been sold, abandoned, leased or subjected to a management contract or an agreement for use of the Real Property and Facility and shall annually supply a statement from an officer of the Grantee, sworn to before a notary public, to such effect to the Council and the Commissioner of MMB. For those programs, if any, that the Grantee will directly operate on all or any portion of the Real Property and Facility, the Grantee covenants with and represents and warrants to the Council that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply, upon request, to the Council and the Commissioner of MUM certified copies of such resolution and budget. For the purpose of this paragraph only, the budget(s) for the specific Governmental Program(s) supported by this G.O. Grant may be combined with other programs of the Grantee. Section 2.05 Grantee Representations and Warranties. The Grantee further covenants with, and represents and warrants to the Council as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Certification or Declaration, and all documents referred to herein, has taken all actions necessary to its execution and delivery of such documents, and provided to the Council a copy of a resolution by its governing body which authorizes Grantee to enter into this Agreement, to undertake the I/I Municipal Grant Program and 11 Project, including the Grantee financial responsibilities as shown in Attachment IV and which also designates an authorized representative for the Project who is authorized to provide certifications required in this Agreement and submit pay claims for reimbursement of Project costs. B. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement and has received a copy of, has read and understands the Council Guidelines for the Council's I/I Municipal Grant Program. C. It has legal authority to operate the Governmental Program. D. This Agreement, the Declaration or Certification as applicable and all other documents referred to herein are the legal, valid and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration or Certification as applicable and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation. G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information. it has submitted or will submit to the Council or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. It agrees that all representations contained in its application for the G.O. Grant are material representations of fact upon which the Council relied in awarding this G.O. Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration or Certification as applicable, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration or Certification, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or 12 provision of any agreement or document to which it is now a parry or by which it is, bound. J. The contemplated use of the Real Property and Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. . L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and Facility in the manner specified in Section 2.04 have been, or, will be, obtained. N. It will operate, maintain, and manage the Real Property and Facility or cause the Real Property and Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and Facility. O. It has complied with the financial responsibility requirements contained in Section 7.23. P. While this Agreement is in effect, it will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Grantee's ownership interest in the Real Property or Facility. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to.operate the Real Property and Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Grantee's ownership interest in the Real Property and Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04. Q. It reasonably expects to possess the ownership interest in the Real Property and Facility described Section 2.02 for the entire Useful Life of the Real 13 Property and Facility, and it does not expect to sell, transfer or abandon such ownership interest. R. It does not reasonably expect to receive payments under a contract for use of the Real Property or Facility, including leases or management contracts, in excess of the amount the Grantee needs and is authorized to use to pay the operating expenses of the portion of the Real Property and Facility that is the subject of such contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. S. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.Q. Grant to complete and fully pay for the Project. T. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with the Facility will be situated entirely on the Real Property. U. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. V. If all or any portion of the Governmental Program does not qualify for the Waiver of Real Property Declaration granted by MMB, a copy of which is attached to and incorporated hereto as Attachment V, it has submitted to the Commissioner of'MMB a written request that a declaration need not be recorded against the Real Property and if applicable, the Facility because such recording would be unduly onerous or impracticable and has received from the Commissioner of MMB a written waiver stating that a Declaration need not be recorded against the Real Property and if applicable, the Facility, a copy of which waiver is attached to the Certification submitted as Attachment IA of this Agreement. [Grantee should delete this Section is Grantee does not intend to apply for Waiver or intends to apply under Council's Waiver.] W. It has executed and submitted a copy of one or more of the following to the Council and Minnesota Management and Budget, such that all parts of the facility are covered by one of the following: 1. For all or part of the Governmental Programs which qualifies for the Waiver of Real Property Declaration granted by Minnesota Management and Budget to the Council and attached as Attachment V, the Certification attached as Attachment IA of this Grant Agreement; or 2. For all or part of the Governmental Program which does not qualify for the Waiver of Real Property Declaration granted to the Council, but for which Grantee has obtained a Waiver of Real Property Declaration from the Minnesota Management and Budget pursuant to Section 2.05 (V) of 14 this Agreement, the Certification attached as Attachment IA, together with a copy of the waiver; or 3. A fully executed Declaration in the form attached to this Agreement as Attachment I, such Declaration recorded or to be promptly recorded with the appropriate governmental office, and a copy of such recorded Declaration to be delivered to the Council and . Minnesota Management and Budget. X. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the Council or the Commissioner, of MMB. Section 2.06 Ownership by Easement. A. A Real Property/Facility easement must comply with the following provisions. 1. The Grantee is the grantee of easement and the easement creates the functional equivalency of fee ownership for the length of its term. 2. It must be permanent for a term . that is equal to or greater than 125% of the Useful Life of the Real Property and Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. It must not contain any requirements or obligations of the Grantee that if not complied with could result in a termination thereof. 4. It must contain a provision that provides sufficient authority to allow the Grantee to operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04. 5. It must not contain any provisions that would limit or impair the Grantee's operation of the Real Property and Facility in accordance with the requirements imposed under Section 2.04. 6. It must allow for a transfer thereof in the event that the grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. B. The provisions contained in this Section are not intended to and shall not prevent the Grantee from including additional provisions in the easement that are not inconsistent with or contrary to the requirements contained in this Section. 15 C. The Grantee shall fully and completely comply with all of the terms, conditions and provisions contained in the easement, and shall file the easement in the Office of the County Recorder or the Registrar of Titles. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Grantee 30 days written notice of such event and the Grantee's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Grantee is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the Council and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Grantee in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the Council to disburse any of the G.O. Grant shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Grantee fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Grantee fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner's Order, or the G.O. Bonding Legislation. D. If the Grantee fails to complete the Project, or cause the Project to be completed, by the Completion Date. E. If the Grantee fails to provide and expend the full amount of the financial responsibilities required under Section 7.23 for the Project. F. If a Declaration is required, if the Grantee fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.V. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing -by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the Council or the Commissioner of MMB giving the Grantee written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Council, the Council or the Commissioner of MMB may enforce any or all of the following remedies. 16 A. The Council may refrain from disbursing the G.O. Grant provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions of Sections 4.01 or 4.02, then either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the G.O. Grant be returned to it, and upon such demand the Grantee shall return such amount to the Council or the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions of Sections 4.01 or 4.02, then either the Council or the Commissioner of MMB, as a third parry beneficiary of this Agreement, may demand that the Grantee pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Grantee shall pay such amount to the Council or the Commissioner of MMB. D. Either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Grantee does not repay the amounts. required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Council or the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Grantee and in favor of the Council and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off -set against any aids or other monies that the Grantee is entitled to receive from the Council or State of Minnesota. In addition, the Council may use the provisions of Minn. Stat. § 473.521, subd. 4 to collect the amounts required to be paid under this Section or under any other provision contained in this Agreement. Section 2.09 Notification of Event of Default. The Grantee shall furnish to the Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grantee proposes to take with respect thereto. 17 Section 2. 10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and Facility to the date on which the Real Property and Facility is first used for the operation of the Project after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and Facility from the effect of this Agreement and any Declarations or Certifications, as applicable. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is six (6) months from the effective date of this Agreement or all of the G.O. Grant has not been disbursed as of the date that is two (2) years from July 1, 2012, or such other date to which the Grantee and the Council may agree in writing, then the Council's obligation to fund the G.O. Grant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the Council's obligation to fund any portion of the G.O. Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such dates then the Council shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the .amount of the G.O. Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Grantee's obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Grantee's sale of its ownership interest in the Real Property and Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Grantee's ownership interest in the Real Property and Facility if such ownership interest is by way of an easement. Upon such termination the Commissioner of MMB shall execute, or have executed, and deliver to the Grantee such documents as are required -to release the Grantee's ownership interest in the Real Property and Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant 18 shall be reduced by the amount not needed. Any funds awarded by the Council under this Agreement that have i) not been properly expended for the Project in accordance with Attachments III and IV; ii) were expended by the Grantee but subsequently reimbursed to Grantee or its agents, or iii) constitute a total reimbursement in excess of 50% of the actual eligible spending will be repaid to the Council if paid and the unearned part of the award canceled. Article III. Contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Grantee shall not sell any part of its ownership interest in the Real Property and Facility unless all of the following provisions have been complied with fully. A. The Grantee determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or Facility to which such ownership interest applies is no longer suitable or fmancially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Grantee's ownership interest in the Real Property and Facility at a foreclosure sale, by acceptance of a deed -in -lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Grantee's ownership interest in or betterment of the Real Property Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. 19 The Grantee may participate in any public. auction of its ownership interest in the Real Property and Facility and bid thereon; provided that the Grantee agrees that if it is the successful purchaser it will not use any part of the Real Property or Facility for the Governmental Program. Section 4.02 Proceeds of Sale. Upon the sale of the Grantee's ownership interest in the Real Property and Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Grantee's ownership interest in the Real Property and Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Grantee for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the Council under Section 402.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the Council, the Grantee, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the Council, the Grantee, and such other public and private entities made to the acquisition and betterment of the Real Property and, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the Council shall be made to the Commissioner of MMB, and the Grantee may direct its distribution to be made to any other entity. 20 All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Grantee shall not be required to pay or reimburse the Council or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the G.O. Grant. Article V. COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01. State Bond Financed Property. The Grantee and the Council acknowledge and agree that the Grantee's ownership interest in the Real Property and Facility is, or when acquired by the Grantee will be, "state bond financed property ", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Grantee's ownership interest in the Real Property and Facility. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax - exempt status of the State G.O. Bonds, the Grantee agrees as follows: A. It will not use the Real Property or Facility, or use or invest the G.O. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the G.O. Grant that it receives under this Agreement in a segregated non - interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof; with respect to the G.O. Bonds. D. - It will, upon the occurrence of any act or omission by the Grantee that could cause the interest on the State G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of NM, take such actions and furnish such documents as the Commissioner of NM determines to be necessary to ensure that the interest to be paid on the State G.O. Bonds is exempt . from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the State G.O. Bonds as a "qualified bond" within the meaning of Section 21 141(e) of the Code, (ii) changing the nature of the use of the Real Property or Facility so that none of the net proceeds of the State G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the, exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Grantee, or if the Grantee's ownership interest in the Real Property or Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Grantee the Council shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Grantee's ownership interest in the Real Property and Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI. DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The Council will make no .advances of the G.O. Grant to Grantee. The disbursement of the G.O. Grant shall be in the form of reimbursement for eligible costs as provided ahead in this Article VI. Section 6.02 Draw Requisitions. Whenever the Grantee desires a disbursement of a portion of the G.O. Grant, which shall be no more often than once each calendar quarter, the Grantee shall submit to the Council a Draw Requisition duly executed on behalf of the Grantee or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Grantee and the Council, plus (ii) the value of materials and equipment not- incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the Council. Notwithstanding anything herein to the contrary, no Draw Requisition for materials stored on or off the Real Property will be made unless the Grantee shall advise the 010a Council, in writing, of its intention to so store materials prior to their delivery and the Council has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grantee shall submit to the Council such supporting evidence as may be requested by the Council to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off - site utilities and streets needed for access to the Real Property and Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grantee shall submit to the Council: (i) such supporting evidence as may be requested by the Council to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. Section 6.03 Additional Funds. - if the Council shall at any time in good faith determine that the sum of the undisbursed amount of the G.O. Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the Council may send written notice thereof to the Grantee specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grantee agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the Council's notice. Section 6.04 Conditions Precedent to Any Draw. The obligation of the Council to make Draws hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The Council shall have received a Draw Requisition for such amount of funds being requested, which such amount when added to all prior requests for Draws shall not exceed the amount of the G.O. Grant delineated in Section 1.01. B. For all or any portion of the Governmental Program which qualifies for a waiver of Real Property Declaration granted to either the Council (Attachment V) or Grantee, the Council shall have either received the duly executed Certification attached to this Agreement as Attachment IA or for all or any portion of the Governmental Program which does not qualify for a Waiver of Real Property Declaration, a copy of duly executed Declaration that has been duly recorded in the appropriate governmental- office, with all of the recording information displayed 23 thereon, or evidence that such Declaration will promptly be recorded and delivered to the Council. C. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that (i) the Grantee has legal authority to and has taken all actions necessary to enter into this Agreement and the Certification or the Declaration, as applicable, and (ii) this Agreement and the Declaration or Certification, as applicable, are binding on and enforceable against the Grantee. D. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Grantee has sufficient funds to fully and . completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Grantee is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, showing that the Grantee possesses the ownership interest delineated in Section 2.02. G. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Real Property and Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of.business would normally not be obtained until a later date. I. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. 24 J. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Project will be completed in a manner that will al low the Real Property and Facility to be operated in the manner specified in Section 2.04. . K. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Grantee has the ability and a plan to, fund the operation of the Real Property and Facility in the manner specified in Section 2.04. L. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the insurance requirements under Section 7.01 have been satisfied. M. CONTENTS HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. N. No Event of Default under this Agreement . or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Council shall have received evidence upon request, and, in form and substance acceptable to the Council, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefore, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the Council and the Grantee dual obligees thereunder, or such other evidence as may be acceptable to the Grantee and the Council. P. No determination shall have been made by the Council that the amount of .funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Grantee under Section 6.03, then the Grantee has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the Council that sufficient funds are available. Q. The Grantee has supplied to the Council all other items that the Council may reasonably require. Section 6.05 Construction Inspections. The Grantee and the Architect, if any, shall be responsible for making their own inspections and. observations of the 25 Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. Article VII. MISCELLANEOUS Section 7.01 Insurance. The Grantee shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by-self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Grantee, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the Council under which the Council and the Grantee are named as loss payees. If damages which are covered by such required insurance occur, then the Grantee shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Grantee elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's ownership interest in the Real Property and Facility: If the Grantee elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grantee. If the Grantee elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, then the Grantee shall have the Council named as an additional named insured therein. At the written request of either the Council or the Commissioner of MMB, the Grantee shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Grantee regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Grantee fails to provide and maintain the insurance required under this Section, then the Council may, at its sole option and discretion, obtain and maintain PX11 insurance of an equivalent nature and any funds expended by the Council to obtain or maintain such insurance shall be due and payable on demand, by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 -day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the Council to obtain or maintain such insurance, and the Council's decision to not obtain or maintain such insurance shall not lessen the Grantee's duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Grantee has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and Facility is condemned to an extent that the Grantee can no longer comply with the provisions contained in Section 2.04, then the Grantee shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grantee to continue to comply with the provisions contained in Section 2.04 and to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real. property or to restore the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's ownership interest in the remaining Real Property and Facility. If the Grantee elects to sell its ownership interest in the portion of the'Real Property and Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grantee. As recipient of any of condemnation awards or proceeds referred to herein, the Council agrees to and will disclaim, assign or pay over to the Grantee all of such condemnation awards or proceeds it receives so that the Grantee can comply with the requirements that this Section imposes upon the. Grantee as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Grantee shall (i) keep the Real Property and Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real 27 Property or Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any easement if its ownership interest in the Real Property and Facility is by way of such easement, and (vi) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and Facility, is part of a condominium regime or is subject to a reciprocal easement or use agreement. The Grantee shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or Facility, (d) abandon the Real Property or Facility, (e) commit or permit any waste or deterioration of the Real Property or Facility, (f) remove any fixtures or personal property from the Real Property or Facility, that was paid for with the proceeds of the G.O. Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or Facility, in violation of any law, ordinance or regulation. If the Grantee fails to maintain the Real Property and Facility in accordance with the provisions contained in this Section, then after a notice and a reasonable time to cure the deficiency, the Council may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and Facility and the Grantee irrevocably authorizes and empowers the Council to enter upon the Real Property and Facility, to perform such acts as may to necessary to so maintain the Real Property and Facility. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Council to take any action, incur any expense, or expend any funds, and the Council shall not be responsible for or liable to the Grantee or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Council to perform such acts as may to necessary to so maintain the Real Property and Facility shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Grantee shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow 28 the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Grantee shall use or cause the, entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and Facility for a period of 6 years from the date such operation is initiated. Grantee shall maintain and provide to the Metropolitan Council, as reasonably requested, documentation that determines for capital projects where the 2012 State bond grant funding is insufficient by itself to complete the project, whether additional funding from other sources (including any required match) is sufficient and has been committed to fund the project as required by M.S. Sec. 16A.502. Grantee shall collect, maintain and, upon completion, of the Project, provide to the Council written documentation of the jobs created or retained as a result of the Project as required by Minn. Stat. § 16A.633. The documentation must include, but is not limited to, the following information: the number and types of jobs for the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. The Grantee shall provide the documentation to the Council at the time and in the manner required by the Council. Section 7.05 Inspections by Council. Upon reasonable request by the Council and without interfering with the normal use of the Real Property and Facility, the Grantee shall allow the Council to inspect, take and use photos of the Real Property and Facility. Section 7.06 Data Practices. The Grantee agrees with respect to any data that it possesses regarding the G.O. Grant, the Project, or the operation of the Real Property and Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non - Discrimination. The Grantee agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. - Section 7.08 Worker's Compensation. The Grantee agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and Facility. Section 7.09 Antitrust Claims. The Grantee hereby assigns to the Council and the Commissioner of MMB all claims it may have for over charges as to goods or 29 services provided with respect to the Project, and operation or management of the Real Property and Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10. CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Governmental Program on or in the Real Property and Facility. By agreeing to this provision, the Grantee is not - acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and Facility. Section 7.12 Liability. The Grantee and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the Council and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, Minn. Stat. and chapter 466 as it may be amended, modified or replaced from time to time. If the Grantee is a "municipality" as such term is used in chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grantee, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Grantee. The Grantee shall bear all loss, expense (including attorneys' fees), and damage in'connection with the Project and operation of the Real Property and Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and Facility, whether or not due. to any act of omission or commission, including negligence of the Grantee or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Grantee further agrees to indemnify, save, and hold the Council, the Commissioner of MMB, and the State of Minnesota, their agents and employees, 30• harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grantee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Grantee, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Grantee, the Council, or the Commissioner of MMB, nor shall the Grantee be considered or deemed to be an agent, representative, or employee of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and Facility. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and Facility. All personnel of the Grantee or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and Facility shall not have any contractual relationship with the Council, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity Grantee at: City of Edina 7450 Metro Blvd Edina , MN -55439 Attention: Ross Bintner 31 To the State Entity Council at: Metropolitan Council 390 Robert Street North St. Paul, MN 55101 Attention: Regional Administrator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar Street St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and' Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grantee and the Council, and their respective successors and assigns. Provided, however, that neither the Grantee nor the Council may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grantee or the Council unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration or Certification, as applicable, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grantee and the Council, and there are no other agreements, either oral or written, between the Grantee and the Council on the subject matter hereof. 32 Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as -if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Grantee Financial Responsibilities. The Grantee must fulfill its financial responsibilities for the Project as shown on Attachment, III to this Agreement. (If there are no matching funds requirements then insert the word "NONE ".) Section 7.24 Source and Use of Funds. The Grantee represents to the Council and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grantee, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. 33 (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. If any of the funds included under the source of funds have conditions precedent.to the release of such funds, then the Grantee must provide to the Council and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Grantee shall also supply whatever other information and documentation that the Council or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Grantee's ownership interest in the Real Property and Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the G.O. Bonding Legislation, be provided by either the Grantee. Section 7.25 Project Completion Schedule. The Grantee represents to the Council and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third -Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third -party beneficiary of this Agreement. Section 7.27 Grantee Tasks. Any tasks that this Agreement imposes upon the Grantee may be performed by such other entity as the Grantee may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Grantee. Section 7.28 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. 34 Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Grantee's ownership interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate. that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grantee's ownership interest in the Real Property. Section 7.30 E- Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive Order 08 -01 regarding e- verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 7.31 Additional Requirements. The Grantee and the. Council agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Section 7.32 Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to reimburse Grantee for eligible Project costs is dependent upon Council's receipt of funds from the State of Minnesota appropriated to Council under 2010 Session Laws Chapter 189, Section 16, subdivision 3. Should the State of Minnesota terminate such appropriation or should such funds become unavailable to Council for any reason, Council shall, upon written notice to Grantee of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice to Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to complete the Grant Program as required by this Grant Agreement. Section 7.33 Grant Program Remainder Funds. Subsequent to Council approval of the final certifications of project completion submitted by all grant recipients of I/I Municipal Grant Program funds, the Council will determine whether any I/I Municipal Grant Program funds remain available for allocation and distribution to Grantees ( "Remainder Funds'). In the event Remainder Funds are available, the Council may, at its sole discretion, allocate and distribute the Remainder Funds to' grantees who have received I/I Municipal Grant Program funds, provided, however, that such distribution, when added to the Grant Funds already received by any M Municipal Grant Program grantee shall not exceed fifty percent (50 %) of the eligible expenses for the Project. The Council will make such allocation and distribution of the Remainder Funds in accordance with the Council Guidelines for the UI Municipal Grant Program. Alternatively, at its discretion, the Council may roll the Remainder Funds into a subsequent I/I Municipal Grant Program or similar eligible program. 35 IN TESTIMONY HEREOF, the Grantee and the Council have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Edina - Sewer Rehab Work (Pipe, Manhole & Flood Mitigation) Project on the day and date indicated immediately below their respective signatures. GRANTEE: a By: Its: Dated: And: Its: Dated: , METROPOLITAN COUNCIL: LN Its: Dated: 36 Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of , State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively referred to as the "Restricted Property "): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in paragraph. B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written statement signed by said commissioner, and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and' B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that Municipal Publicly -Owned Infrastructure Inflow/Infiltration Grant Agreement [No. between [Grantee] and Metropolitan Council dated (the "G.O. Grant Agreement "). The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the of Metropolitan Council and the Commissioner of Minnesota Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. ATTACHMENT GRANTEE: a By: Its: Dated: , And: Its: Dated: , STATE OF MINNESOTA ) )Ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_9 by , the , and , the , of [Grantee], a This instrument was drafted by: Gay Greiter Capital Budget Coordinator Minnesota Management and Budget 400 Centennial Office Building 658 Cedar St. St. Paul, MN 55155 Notary Public ATTACHMENT Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY EXHIBIT A Attachment I -A State of Minnesota General Obligation Bond Financed CERTIFICATION The undersigned hereby certifies as follows: 59 This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly -Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public road, street and highway rights -of -way and utility easements. Edina certifies that Edina has read and will comply with the terms and conditions of the Waiver of Real Property Declaration, a copy of which is attached as Attachment V to the Municipal Publicly -Owned Infrastructure Inflow/Infiltration Grant Agreement [No. SG2013 -006] between Edina and Metropolitan Council (the "G.O. Grant Agreement ") and further, that the Governmental Program which is the subject of and described in the G.O. Grant Agreement qualifies for the Waiver of Real Property Declaration. The undersigned owns 9 fee title to property and/or ® permanent easement and/or bother easement which meets the requirements of this Agreement for wastewater collection purposes and/or permit for pipe in [identify Permittor, e.g,., Hennepin Co.] public right of way which meets the requirements of this Agreement for wastewater collection purposes and a wastewater collection system within the fee title, permanent easement, and/or the other easement and wastewater collection system being located in 1�cr+ oWP i P4 County, Minnesota. The fee title property, permanent easement and/or other easement and the wastewater collection system therein is referred to as "Restricted Property" and is described in Exhibit A attached hereto by legal description, narrative description or diagram. As the owner of the Restricted Property, the undersigned hereby acknowledges the following restrictions and encumbrances with respect to the Restricted Property: A. The Restricted Property is State bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in paragraph B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and ATTACHMENT 1- A B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the G.O. Grant Agreement. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Metropolitan Council and the Commissioner of Minnesota Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property.. This Certification may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget, or its successor. an Title: Dated: [Grantee], a ATTACHMENT 1- A . Exhibit A to Certification DESCRIPTION OF RESTRICTED PROPERTY '7 \ Zo 1 (j W N 1 N G iQ ° a42.T EXHIBIT A Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY (For Projects for which a Certification is being submitted, use the description attached to the Certification submitted.) T645nops 60::� A-Loar" % QaAC-,A- PA" A-0 o ATTACHMENT 11 Attachment M to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Grantee's Financial Responsibility Note that if a project's final eligible capital expenses are: 1) more than the Final Reimbursement Allocation percentage as determined by the Council, no. additional grant funds will be awarded, except as may be provided under section 7.33, and 2) less than the Final Reimbursement Allocation percentage as determined by the Council, the percentage will not be increased so the amount eligible for reimbursement will effectively be reduced. ATTACHMENT III ic ;..G e,s� esponsi mry..-: . : oiiiiplph ium W I. �61 T, .&N' Ud"YeB figi e: orxj� x. , r• -/-4;vg �U, d.P Y. A 4ZAI. 11. .. - - -1 .... ., - - - • 03"IMMurse WO Reimbursement, it dig f. G E.E. r. ]Lk'7i--1 �,;Xhl,44 F. -`E F11,1H,144.., Liliq ri: % ... ; � ft 033, q S 14"' �I ILA I" Z:1 R L . 9(9 0 0 1 PRWlbL-c 5701 tH?zo 81 b Note that if a project's final eligible capital expenses are: 1) more than the Final Reimbursement Allocation percentage as determined by the Council, no. additional grant funds will be awarded, except as may be provided under section 7.33, and 2) less than the Final Reimbursement Allocation percentage as determined by the Council, the percentage will not be increased so the amount eligible for reimbursement will effectively be reduced. ATTACHMENT III :')". ;C-; ;y`.:, :e,..a w�:•�.�... r:; ,i• .i_:� „• :.4sx•";.. -. ::;rttis::. :� 1.,a - ..��u:.� g, :�.�;y� .y:� .:j •. , a.y. 'd.. Tt.S:ji:;; ; l.” • ' ��y, 4 Identify Source of Amount Funds State G.O. Funds G.O. Grant Other State Funds Sub -Total Matching Funds Sub Total Other Grantee Funds Sub -Total Loans Sub -Total Other Funds Sub -Total Prepaid Project Expenses Sub -Total $ TOTAL FUNDS- Identify Items Amount Ownership Acquisition, and Other Items Paid for with G.O. Grant Funds Purchase of Ownership $ Interest Other Items of a Capital Nature PAZ wiiNc. $ 1 33 q.1 is N F' k*4*0 4i.o0 o rl.t -n A441aJ $ 81.9,-773 Sub Total $ 2 to Items Paid for with Non- G.O. Grant Funds $ Sub Total $ TOTAL COSTS $ 2,115,805 ATTACHMENT 111 Attachment IV to Grant Agreement PROJECT. DESCRIPTION AND PROJECT COMPLETION SCHEDULE ATTACHMENT IV Attachment V to Grant Agreement WAIVER OF REAL PROPERTY DECLARATION MINNESOTA iagement 15I&B.-idget June 19, 2012 J buAMM MCES Budget NIMSU Uctropolitr Council 390 Robert St N St Fanh, MN 55101 Re: Waiver of Real Property Declaration -- 2012 hTetropolitan Cities Mow and Infiltration Grants Dear Mr. Atlrins: I have resdewed your letter dated June 13, 2012 requesting a wgrexpursmt to Section 7..02(b) of the Ted Onkr Amending Grder ofComidadoner of Finance dated August 2k 2010 (the " commissic aces otdco of'the re0r€ neat that a. radirropeatg declaration be recorded in connection. with grants to metropolitan- areaciffes to addMS MOW and kMftWUn into hoeal $M t q S§WerCWkCfi=qStCW from the Metropalit= teal appropriations in Lm 20M cb- 203„ sea 17, subd. 3. In response to your regal, I waive dm requirement that a declarationbe recorded for the portico of soch<priojects which Iles entirely %vithm pAhc rood: street and highway rim- of -wag anduh7ity easements_ eve!�, a dechnflan wiH need to be executed acrd recorded for any pion o €a panje d which is on land outside of such ;areas, Please note that this letter only waives the requirement that a dedamtionbe recorded. The property will remain bond- financed prop eaty rd subject to all the other requirements ofMin Stet Sec.16A.695 and tie ComniSSione t ordeu Phis waiver is conditlow1upon our a sigaed copy of the bid - ced.propsrty Cuffication in the form which the MetrWalitm Council has been using for its p-aft f m & 2'010 UU bou&g appropriation from each grantee who sec a getfwm. this program,in which such Swulee, achmowle4ges butt the project property is b aud;- eat Frop" nd ulna is subject to e110to of mews of Min. Stst: Sec,10& 695 and the Conuaissionees t Aphotocapy of each sent to ClayGreitiff, C9M Budget Coordinator at iota Management & Suit atfiLe< addrum beIow Sincerely, �� a i� �--• lung Schowalter Commissioner Cc: tiay Greiter. Jason wigett Metropalitm Ciao Jeauuo Mtrovv%Metoppr1 R Council s�cts�s- r�sc�� -sc�,m sflss 1. "�{b57j�O1SL��a -F� (b5ij24S8��•'u'�'�-. 15��7 -3i�a iq w9^ o e 2012 MCES Infiltration and Inflow �0 Grant Application ENGINEERING DEPARTMENT CITY OF EDINA 2012 MCES Infiltration and Inflow Grant Application OCTOBER 26, 2012 Improvements: The City of Edina (City) has completed and will perform work in accordance to the Municipal Publicly Owned Infrastructure 1/1 Grant guidelines. The requested grant will fund cured in place pipe projects, sump drain installation projects, manhole cover replacement project, sanitary sewer manhole repair projects, and sanitary sewer spot repairs. Location: The project will include various areas throughout the City associated with street and utility reconstruction projects and specific sanitary sewer rehabilitation projects. Sanitary sewer manhole cover replacement and sanitary sewer manhole rehabilitation will be spread throughout the City. Benefits: These projects will help to eliminate inflow and infiltration (I & 1) from entering the sanitary sewer system and will reduce future infrastructure expansion projects for MCES. Justification: The City has identified approximately 6,000 LF of sanitary sewer pipe located in areas where I &i could be significant and where roots and cracks have been identified in past inspections and maintenance. The City of Edina inspects its entire sanitary system or 195 miles of mainline pipe, 23 lift stations, 5 miles of force main, and 5000+ sanitary manholes on a 3 -5 year rotating basis to monitor the condition of the system and plan maintenance actions to extend system function and reduce I &I. The estimated replacement value of the entire system is estimated at $67 million. The projects included in this grant application will maintain a portion of this system with an estimated replacement value of $1.895 million. The useful life of the system varies by component, but the system is made of durable materials and designed to. last in excess of 40 years. Cost: The estimated project costs is $2,793,805, of which $1,184,157 are grant eligible expense (see attached for breakdown). The majority of the work will be performed by contractors through a competitive bid process. The only exception will be the replacement of the sanitary sewer lids, a portion of which, may be completed by city employees. Appendix: • Estimated Cost Breakdown (July 2012 to June 2014 projects) • Map Showing Inverts Sanitary Sewer Elevation in Relation to Modeled Ground Water Elevation w July 2012 to June 2014 Summary of Edina's Eligible Costs for MCES I &1 Grant Reimbursement Vlking Hills (actuaq CASTING ASSEMBLY (R -1728) EACH 21 $925.00 2012 Countryside (actual) PVC C900 SUMP, DRAIN INLET (TEE STUB & PLLGj? EACH 19 0� - $85 00 ;� $1,235 1 PVC SDR 35 SUMP DRAIN INLET (TEE ;STUB & PLUG) EACH i I 15.0: $16900 : °$?,535 �4 6 PVC SUMP DRAINCLEANOUT EACH r 150 $19300'$2,895 EACH, FpV .CSUMP_:DRAINSDR35;bPENCUT: ^.: .:: "LP„ ,1866.0' x(:$947.' -' :$15,777 ,6;b900 SUMP, DRAIN PIPE OPEN_CIIT' : .,,,. _ : -., LF _15130 _. ._.,_$1127.;..'_. 517,052 CASTING ASSEMBLY (R -1728) EACH 24.0 $872.00 $20,928 2012 Richmond Hills (actual) r8" PVC'SUMRDRAIN SDR.35. - ' `ELF - 4127.0 $9.98. '`$41,105 6 C900 SUMP.. DRAIN PIPE :. a LF 3210.0' $16.79 -,; $34,836 4PVd. C9005UMPDRAININLET (TEESTUB &PLUG);.I EACH, -590 $78.00 .,$4,602 r4 PVC_ SDR 35 SUMP DRAIN INLET (TEE „STUB 8 PLUG) EACH 36 0 : $136.00 •:54;898 . .. ,. 6 P.VGSUMP DRAIN CLEANOUT' " .,: _ EACH 82 0 .$232.00 , .. ' 37,424 ' SANITARY SEWER,SERVICE,WYE �' . -;1 ;'; , LF; 7.0:: $324.00 ',$2;268 , 10 "P.VCSOR 35.SANITARY:SEWERPIPE(1214� LFj. 3610 .$BL59 ':•.622,23.4 SANITARY&EWER.SPOTREPAIR(10 PVC' SEWER PIPE SDR LFL . -_LF,, 29000,_' 35)(11 DEPTH)' CASTING ASSEMBLY (R -1728) EACH $183.21 ,$40123 ;18 - bEMENTICIOU$L1NER 6ANRATRYSEWERMANHOLE y:, ; ,LF; ,. 2200;$96.00 CASTING ASSEMBLY (R -1733) EACH 43.0 $800.00 $34,400 2013 Mendelssohn (estimate) EACH , -, 7.0_ "$280.00 :. $.030.0 86 0 . 4" PVC SUMP DRAINNLET(TEESTUB &PLUG) 'LF EACH 46.O $28000 ,..6S , $. 12,880 6" HDPESDR ,,I7,SUMPDRAIN�(IP$)(HDD);;,, q LF 31450. 522.00 '$69190 SANITARY SEWER SP07 REPAIR (10 PVC SEWER PIPE SDR LF;.' 1493 0.;:' DTH)s`t 35)(10 -12' EP 3750:_. $225.06 SANITARYSEWERSPOTREPAIR(8 PVC SEWERPIPESDR35)(10 =:' 110.0 $225.00 624 750 SANITMY SEWER SPOT REPAIR (10 PVC, SEWER PIPE SDR $225:00 REPAIR,6ANRAR61 VICE WYE -' -� 26)(19x21.. DEPTH)- � ;598;00 $300.00 - $',5000 ,CURE6(N- PLACE- PIPELINERFOR9.,VCP SANITARY SEWER . -_LF,, 29000,_' -.- '338.00.'5104,400 ;$88,788 CASTING ASSEMBLY (R -1728) EACH 7.0 $850.00 $5,950 Normandele ( estimate) 4 PVC SUMP. DRAIN INLET(TEE STUB -8 PLUG) i : i; EACH , -, 7.0_ "$280.00 :. 6.PVC.6UMP DRAIN CLEANOUT EACH,_ .7.0. .: $295.00 6 HDPESDR 17 SUMP DRAIN,(IPS) (HDD) {;. r _ LF. 7000 -; 522,00 _ CUREDIN -PLACE PIPE LINER,FOR B VCP SANITARY SEWER LF,': 3200.0: . $36.00 S CURED -IN PLACE -PIPE LINER FOR 9° MCP SANITARY SEWER LF� 1800.0 -_ :, $14,280 SANITARY SEWER�:SPOT REPAIR (1(" PVC SEWER PIPE SDR LF_: 1493 0.;:' DTH)s`t 35)(10 -12' EP 3750:_. $225.06 SANITARYSEWERSPOTREPAIR(8 PVC SEWERPIPESDR35)(10 =:' 145 0 ' $225.00 ,12 DEPTH) �+ 3150'. $225:00 REPAIR,6ANRAR61 VICE WYE $225.00 CEMENTICIO,US LINER; SANITI4TRY SEWER MANHOLE. LF.;; 1400' ;598;00 2013 Braemar Hills (estimate) 6 °',PVC SUMP DRAIN SDR 35 -OPEN CUT ; _ .. ;` - -LF' - 650.0. $30.00 , . $79,500 , SDR'17 SUMP DRAIN (IPS) (H DD) .::. - LF ; 2880.0:. -. $22.00' .569,360 ,l•{DPE 4 PVC:SUMP DRAIN INLET (TEE, STUB;& PLUG) EACH ,61,0,: $280.00 .. :, $14,280 CURED -IN PLACE -PIPE LINER;FOR 9° VCP.SANITARY6EWER LF 1493 0.;:' 538.00 :. $53 7,48 SANITARY BEWERSPOT REPAIR (10 PVC SEWER PIPESDR , "^ 145 0 ' $225.00 SANITARY SEWER, SPOT REPAIR (10 PVC SEWER PIPE,SDR c` 30,0 ;- $225.00 • =, i. '.; ' CASTING ASSEMBLY (R -1733) EACH 22.0 $850.00 $18,700 2013 Lake Edina (estimate) 6..PVC,SUMPDRAINSDR35' -OPEN CUT`.:: .: .', -', -.r LF`: - -820.0 530.00:' 527,600 4 PVC :SUM? DRAIN INLET.(fEE, STUB B:PLUG) EACH -, 2400 $280.00 `,'$87,200 8 HDPESDR 17 SUMP DRAIN (IPS) (HDD) LF'; 21106 0:; $22.00 $484 332 SANITARY SEWER SPOT REPAIR (10" PVC SEWER PIPE SDR -" - ; 35)(10 =12 DEPTH)'. -..- ': LF -.° 145 0 ' $225.00 : $32625 SANITARY SEWER, SPOT REPAIR (10 PVC SEWER PIPE,SDR c` -:', • =, i. '.; 28)(19 =21� DEPTH)5; ..: .:' LF.j 250.: $300.00,67500 CURED_IN.PLACE -PI PE LINER. FOR B' VCP.SANITARYBEWER ,:.' LF; ° "' 2411.0 ;:$36.00 ,' ;$88,788 CASTING ASSEMBLY (R -1728) EACH 87.0 $875.00 $76,125 2013 -14 Minnehaha Trunk(predesign) CUREDIN- PLACE,PI' LINER- = LF' 95000,;; ,$42.00 SAMTARY SEWER 6POT REPAIR LF 730.0 $250.00 'MANHOLE REHABILITATION AND REPAIR - F. 360 0 -+� 5250.00 QEMEf4TICI0US_UNER- SANITATRY. §EWERMANHOLE: LF :13000:, $170.00 . ., CASTING ASSEMBLY 100.0 $900.00 50% eligible I.,:: ,.:::.:`,.:..; Total Work Completed= $2, 100% Eligible Work Done = $ ,. -,'10% o(eligible work eategoj}` 50 %o(ellgfblei acalegory $ Total Eligible Work Done and Planned = $1, Pipe replacement, rehabilitation, or lining = $1,333, Manhole Sealing= $267, Manhole Lids= $293, Sump Drain Tile - $898, To: MAYOR AND CITY COUNCIL From: Wayne D. Houle, PE, Director of Engineering Date: February 19, 2013 Subject: Contract No. PW 13 -1 Public Works Building Demolition & Disposal o e U 0 l� • fM�RPOS:f`T�O • IB(iB Agenda Item #: IV. E. The Recommended Bid is ® Within Budget ❑ Not Within Budget Date Bid Opened or Quote Received: Bid or Expiration Date: February 11, 2013 April 11, 2013 Company: Amount of Quote or Bid: Jay Johnson Construction $ 98,700.00 Fitzgerald Excavating & Trucking $105,000.00 Wickenhauser Excavating, Inc. $156,230.00 Landwehr Construction, Inc. $183,860.00 Carl Bolander & Sons, Inc. $197,900.00 Veit & Company, Inc. $219,943.00 Minnesota Dirtworks, Inc. $256,700.00 Ramsey Excavating Co., Inc. $273,576.00 Rachel Contracting, Inc. $277,390.00 Blue Earth Environmental Co. $282,234.00 G. Urban Companies, Inc. $290,000.00 Frattalone Companies, Inc. $352,800.00 Recommended Quote or Bid: Jay Johnson Construction $98,700.00 General Information: This project will perform the demolition, disposal, and restoration of the old public works building and salt shed at 5146 Eden Avenue. The contractor will remove any hazardous material per regulations prior to the demolition of the structures. The contractor intends to recycle the concrete for use off -site. The specifications encourage that materials be recycled and require a recycling report at the end of the project. The project will be completed by May 31, 2013. This project will be funded from TIF funds associated with the Grandview TIF District. GAPYACENTRAL SVCMENG DIAPROJECTSICONTRACTS\2013TW 13.1 Demo Old PW Site1A246 Old PW DemoWDMINIMISC\Item IV. E. Contr No. PW 13 -1 PW Bldg Demo & Disposal.doa City of Edina • 4801 W. 50th St. • Edina, MN 55424 /-A O \roRPOii['� j 1Be9 To: MAYOR AND COUNCIL Agenda Item #: IV. F. From: Wayne D. Houle, PE, Director of Engineering Action Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Approve Special Assessment Agreements — Richmond Hills Park Action Requested: Authorize Mayor and City Manager to approve attached Public Improvement and Special Assessment Agreements for the sanitary sewer and water services for the Richmond Hills Park Roadway Reconstruction Area. Information / Background: Residents were required to upgrade their sanitary sewer service line from the mainline to the right -of -way line and were encouraged to upgrade the entire line to their house, as well as their water service line. Residents requested that the extra cost be added to the special assessment for the project. Our City Attorney prepared the attached agreements, which adds this cost to the final special assessment cost which will be known at the end of the project. Staff anticipates four additional agreements to be submitted to the City Council once the property owners sign the agreements. Attachments: 40 Public Improvement and Special Assessment Agreements G: \PW \CENTRAL SVCS \ENG DIV\PR0JECTS \C0NTRACTS \2012 \ENG 12 -4 Richmond Hills \SS471 \Private Sewer Repairs\Item N.F. Approve Special Assessment Agreements.docx City of Edina • 4801 W. 50th St. • Edina, MN 55424 SPECIAL ASSESSMk REEMENTS RICHMOND HILLS PARK NEIGHBOKHOOD RECONSTRUCTION CONTRACT ENG 12-4 Agreement No. PO # Address Owner(s) Plumbing Com an Pro osed Amt Final Amt Sewer Water 1 1039 5008 Richmond Or Loretta G. Knab Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 3.775.001 $ 2 050.00 $5 825.00 2 1040 5520 Warwick PI DeEtta Goodmanson Ben amin Franklin Plumbing, 1424 3rd St No Minneapolis, MN 55411 $ 6.100.00 1 $ 2,250.00 $8 350.00 $6.580.00 3 1041 5033 W. 56th St Lori A. Sandvia Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 4.185.00 $ 2.396.00 4 1042 5040 Yvonne Tart Jean T. & Barbara A. Meyer Minneapolis& Suburban Sewer & Water, 3233 45th Ave. So. Minnea fis MN 55406 $ 2800.00 $ $2,800.00 5 1043 5053 Yvonne Tart Warren D & Joann G Snyder Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. , Minneapolis, MN 55406 $ 2300.00 $ - $2,300.00 6 1044 5112 Windsor Ave Todd 8, Mary Peterson Minneapolis 8, Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3 725.00 $ 2,000.00 $572500 7 1045 5021 Richmond Dr Rennetta & Frank Bart Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 2475.00 $ 209500 $4!570!00 8 1046 5005 W. 56th St Alissa & Matthew Movem Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3,950.00 $ 2.000.00 $5,950.00 $ - $ - $0.00 9 1047 1048 6021 Yovnne Tart 5032 W. 56th St Homeowner paid contractor. Kristin & Christopher Mo uist 1 Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 2,995.00 $ 2.845.00 $5,840.00 10 1049 5037 W. 56th St Dawn & Christopher Rofidal Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 4.090.00 $ 2,175.00 $6.265.00 11 1050 16032 Windsor Ave Homeowner paid contractor. Ouverson Sewer & Water Inc. P.O. Box 247 Loretto MN 55357 $ 3,275.00 $ 2,000.00 $5,275.00 12 1051 5029 W. 56th St Dorenne & William Just Jr Minneapolis & Suburban Sewer 8, Water, 3233 45th Ave. So. Minneapolis, MN 55406 13 1053 5009 Yvonne Tart Thomas Divine Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3.000.00 $ - $3,000.0 14• 1054J5009 W. 56th St Marqaret & Darwin Dahl' II Minneapolis &, Suburban Sewer & Water 3233 45th Ave. So. Minneapolis, MN 55406 $ 3,000.00 $ 2.000.00 $5.000.00 15' 1055 5041 Yvonne Tart Susan N Keator Ben amin Franklin Plumbing, 1424 3rd St No Minneapolis, MN 55411 $ 4,975.00 $ 11,950.00 $6 925.00 16 1057 5108 W. 56th St Scott L. Tharp Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 4,990.00 $ 2,195.00 $7,185.00 17 1058 5033 Normandate Ct. Mo an S & Susan M Brown Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 21295.00 $2,295.00 18 1059 502 Kent Ave William D Buss Minneapolis & Suburban Sewer 8, Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 2,850.00 $ 2.00D.00 $4,850.00 19 10601500 - 9 Kent Ave Sumner Adam & JennHer Irene Musoif Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 4,210.00 $ 2,000.00 $6210.00 20 1061 5004 Kent Ave Mark L Van Sioun Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. , Minneapolis, MN 55406 $ 3.765.00 $ 2.000.00 $5 765.00 21' 1062 5021 Yvonne Tart David R & Ann K F Dickey innea lis & Suburban Sewer & Water, .3233 45th Ave. So. Minneapolis, MN 55406 $ 1,100.00 $ 2.200.00 $3,300.00 22 1063 5036 W. 56th St Peter S & Tiffany G Bits Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 3295.00 $ 2,095.00 $5390.00 23 1064 5008 Yvonne Tart Kurt Knutson & Clara Case Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3 250.00 $ 2,250.00 $5!500.00 24 1065 5105 W. 56th St Gregory H & Susan M Keane Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3,400.00 $ 2 850.00 $6 250.00 25 1068 5036 Yvonne Tart Kral Knutson & Bridget Tows Minnea Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 5,980.00 $ 2 250.00 $8 230.00 26 1068 5012 Richmond Dr Christopher & Kathryn Jones Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 4.535.00 $ $4 535.00 27 1069 5532 Code Ave James Ankeny & Lucinda Winter Ouverson Sewer & Water Inc. P.O. Box 247 Loretto MN 55357 $ 4,300.00 $ - $4.300.00 28 1070 5040 Richmond Or Christopher M. Johnson Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 4.725.00 $ 2,445.00 $7,170.00 $6,825.00 29 1071 5109 W. 56th St Judith & Thomas Forker Benjamin Franklin Plumbina, 1424 3rd St No Minneapolis, MN 55411 $ 4.825.00 $ 2,000.00 30 1072 5025 Kent Ave Patrick & Ma aret Huber Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 6.325.00 $ - $6,325.00 31 1073 5020 Windsor Ray Nelson & Sally Dunn Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 3,380.00 $ 2,350.00 $5,730.0 32 1074 5028 Richmond Dr Colin & Abi ail Rooney Minneapolis & Suburban Sewer 8, Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 5,210.00 $ - $5,210.00 33 1076 5104 Windsor Ave William Stuart Steinke Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 4,240.00 S 2.000.00 $6.240.00 34 1077 5024 Richmond Dr John & Beverly Haw Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 4.800.00 $4,800.00 35 1076 5036 Richmond Or Nicholas Engels Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 1,995.00 $1,995.00 36 1079 5036 Windsor Ave Janice Joshua Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 $ 3,500.00 $3,500.00 37 1080 5100 Windsor Steven & Susan Meyer Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. Minneapolis, MN 55406 $ 5.260.00 $5,260.00 38 1081 5404 Richmond Lane Came Wikman Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So. , Minneapolis, MN 55406 $ 3,250.00 $ - $3,250.00 39 1082 5004 Yvonne Tart Lynda Lorenz Benjamin Franklin Plumbing, 1424 3rd St No Minneapolis, MN 55411 $ 4.975.00 $ 3,650.00 $8.625.00 40 1083 5020 Nortnandale Ct James Ostlund Benjamin Franklin Plum 1424 3rd St No Minnea ofis MN 55411 $ 4.165.00 $ 2.760.00 $6,925.00 41 1084 5020 Yvonne Tart an Ballinger & Angie McConnell Benjamin Franklin Plumbin 1424 3rd St No Minneapolis, MN 55411 $ 4.775.00 $ 2,335.00 $7.110.00 42 1086 5524 Code Gerald Pe lin Benjamin Franklin Plumbing, 1424 3rd St No Minneapolis, MN 55411 $ 4.950.00 $ $4,950.00 1087 1088 6020 Richmond Dr 5017 W. 56th St Homeowner aid contractor. Ronald Pray Benjamin Franklin Plumbin 1424 3rd St No Minnea olis MN 55411 $ 4 975.00 $ 1 950.00 $6,925.0 1089 5025 Yvonne Tart Robert E Fitzsimmons Jr Benjamin Franklin Plumbing, 1424 3rd St No Minneapolis, MN 55411 $ 4800.00 $ 2,550.00 $7,350. RZ* 1090 5036 Normandale Ct Joanne & Daniel Kersten Benjamin Franklin Plumbing, 1424 3rd St No, 'Minneapolis, MN 55411 $ 5,175.00 $ 1,950.00 $7,125.00 $ 173,645.00 $ 69,885.00 $243,530.00 A 243.530.00 *Agreement not signed or needs to be resigned. i.rcruuiuo cey� N PUBLIC IMPROVEMENT � A . AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this TUTS day of July 16_ , 20. %�, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Loretta G. Knab, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 000, Block 01 of Richmond Hills, having a street address of 5008 Richmond Dr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess :the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 825.00 (the "Project Cost ") from Highview Plumbing, 4301 Highview Place, Minnetonka, MN 55345 (tie "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1039 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1039 for the amount of 5 825.00, The City is in receipt of a lien waiver for the work performed and w.11 pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $5.825.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements. and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov • 952 - 826 -0371 • Fax 952 - 826 -0392 CITY OF EDINA M (SEAL) _►� STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager Tho foregoing instrument was'acknowl.edged before me this day of 20 /Z, by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF WP-nrV- ) The foregoing instrument 20 I.)„ by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn If NOTARY PUBLIC PROPERTY OWNER: Loretta G Knab before me this JCO'-� day of ARY PUBLIC 2 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT-AGREEMENT AGREEMENT made this day of 09160 � , 20 I L; by and between the CITY OF EDINA, a Minnesota municipal, corporation ("City") and DeEtta Goodmanson, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 002, Block 002 of Edina Park, having a street address of 5520 W „ arwick PI, Edina, Minnesota (the Subject Property "). B. The City has requested that Property Owner replace the existing sewer service "li line(s) ic from the trunk sanitary sewer pipe to the right-of-way service line from the stop box in conjunction with City Improvement) and also consider replacing water sere „ Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, INCONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of g,350_00,(the "Project Cost ") from Ben'amin. Franklin Plumbin q, 1424 3rd St No Minne lis contract wit(the the "Contrac or") to construct the Public Improvement. Property Owner entere d into construct the Public Improvement and Purchase Order No. 1040 o the City refer ng t Contractor. Purchase Order work is completed and the Contractor has submitted an invoice No. 1040 for the amount of 8 350.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The. City will assess the the same terms as City 8 350.00 against the Subject Property. The Project Cost will be assessed Project No. ENG 12-4. The Property Owner waives any .and .-to procedural City Project No. ENG 12-4, including uding but the special assessments and to the Public Improvement and t City 1 not limited to hearing requirements and any claim that Subject hts otherwise availabletpursuant t to Mrnn Subject Property. The Property Owner waives any appeal g Stat. § 429.081. 3. BINDING EFFECT; RECORD, ING. This Agreement shall be binding ded Property Owner and the Property Owner's successors and assigns. This Agreement may be reco the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 - .. , ,., . __ „rn 0 14 11171 . Fair 952 -826 -0392 CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) (ss. COUNTY OF 2 3l'', ) he foregoing instrument he , 2041_, by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm NOTARY PUBLIC PROPERTY OWNER: DeEtta GoodmaWson 6VO4yY%AV\5D r befo a me this mow- day of PUBLIC 5P NOTARY 0) 0-"p P PIP P1 -OW -090001poolp SHARON M. ALLISON NOTARY PUBLIC - NlNNEsum 1Ay Cffmftm Jan. 3f, 2018 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this (_ day of 0. , 20�, by and between the CITY City OF EDINA, a Minnesota municipal corporation ( ) Ad Lori A. Sanclvig, (the "Property Owner'). RECITALS A. Property Owner is the owner. of Lot 008, Block of Nyl�unds Place Edina, having a street address of 5033 W. 56th St, Edina, Minnesota (the Subject Property ). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement') and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 580.00 (the "Project Cost ") from Hi hview Plumbing, 4301 Hi hview Place Minnetonka MN 55345 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1041 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1041 for the amount of $6,580.01C( The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL. ASSESSMENT. The City will assess the Project Cost in the amount of 6 580.00 y gainst the Subject Property.,. The. Project Cost will be assessed under the same terms as City. Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and. any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 nr i Q ,)ti_n 'A71 . Fay 952 -826 -0392 CITY OF EDINA MN (SEAL) James B. Hovland, Mayor AND Scott H. Neal, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) COUNTY0FT eKv-g I�ss. The foregoing instrument 0L, , 20a by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: Lori & Sandvig nowledoedAefoime this Src`, day of NOTARY PUBLIC 2 8HARON A� ALL�1+1 NW ARP1AWOMAIN �►JaN.81.�01i ,: X012 Nl�� � QgsuC PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT 4 da of , 20 j by and between the CITY AGREEMENT made this y a d Jeffrrey T. & ;Barbara A. Meyer, husband OF EDINA, a Minnesota municipal corporation ("City") and wife (the "Property Owner"). RECITALS A. Property Owner is the ownar of Lot 011, Block of Stows Yvonne Terrace Division, having a street address of 5040 Yvonne Terr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing Subject service ( "IPubs) from the trunk sanitary sewer pipe acino service right-of-way l line from the stop box in conjunction with City Improvement) and also consider replacing water sery Project No. ENG 12-4. C. Property Owner has replaced their S_ and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received Av quote So M nnea0ol sh "Project Cost") (the from Minneapolis & Suburban Sewer & Water. 3233 45th "Contractor ") to construct the Public Improvement. Property °e entered into a 1042 contract issuedIto the Contractor to construct the Public Improvement and Pu to Contractor. The work is completed and the Contractor.h The City is in (receipt of athe ien waiver for gthe Purchase Order No. 1042 for the amount of $2.8`, - work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The` City will assess the Project 2 8$ .(;against the Subject Property. The Project Cost will be assessed un der the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural t and No. ENG 12-4, including objections but the special assessments and to the Public Improvement a City not limited to hearing requirements and any claim that 'the rights otherwise available tpursuant t tMi n. Subject Property. The Property Owner waives any appeal Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement This binding may be upon ecorded against Owner and the Property Owner's successors and assigns the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 anv. . 952 =826 -0371 • Fax 952 - 826 -0392 CITY.OF EDINA No (SEAL) AND STATE OF MINNESOTA James B. Hovland, Mayor Scott H. Neal, City Manager ( ss. COUNTY OF HENNEPIN : ) The foregoing instrument was acknowledged before me this day of 20 by James B. Hovland and by Scott H. Neal, respecti.rely the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NARY PUBLIC . PROPERTY OWNER: Jeffrey T. e e Barbara A. Meyer STATE OF MINNESOTA ) ( ss. COUNTY OF 4f%AVI¢ .V ) The foregoing instrument was acknowledged before me this VIUt0 4 ; 20 12 , by 5 Q ire 1 dM P �� av►d�y �f, .,_ j— DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121. Telephone: (612) 452 -5000 RNK:srn PUBLIC day of 2nirh A. 0 r 1(RISTIi�IIA 4.. RUPORT 2 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT i �" t ( , 201-L, by and between the CITY AGREEMENT made this o day of en D & Joann G Sn der, husband and OF EDINA, a Minnesota municipal corporation (,,City") and am wife (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot�12, of Stows Yvonne Terrace Division. having a "Subject Property " street address of 5053 Yvonne Terr, Edina, Minnesota (the ). B. The City has requested that Property Owner replace the existing Subject sewer sery ice ("Public from the trunk sanitary sewer pipe water service Nl line from the t p box in conju ction with City Improvement) and also consider replacing Project No. ENG 12-4. C. Property Owner has replaced their Sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a euoSteoofM2�3�- 00_O�ish "Project Cost") (the from Minnea olis & Suburban Sewer &Water 3233 45th Owner entered into a contract with the "Contractor") to construct the Public Improvement. Property to the Contractor to construct the Public Improvement and Purdiase anNvo ce�o the City err ng to Contractor. The work is completed and the Contractor has submitted Purchase Order No. 1043 for the amount of 2.3, The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project under the same terms as City 2 3� 0.00, against the Subject Property. The Project Cost will be assessed u Project. No. ENG 12 -4. The Property Owner waives any and d to City procedural Pro ect No. ENG 12-4, ncJ uding but the special assessments and to the Public Improvement an ty 1, not limited to hearing requirements and any claim that the sothere available the pursuan Subject Property. The Property Owner wa t t tM n. nt exceeds ives any appeal rights otherwise Stat. § 429.081. 3, BINDING EFFECT; RECORDING. This Agreement h sAsheementmay be upon ecorded against Owner and the Property Owner's successors and assign 9 the title to the Subject Property. ENGINEERING ]DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 45). -R ?.6 -0371 • Fax 952- 826 -0392 CITY OF EDINA (SEAL) James B. Hovland, Mayor AND Scott H. Neal, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 20 , by James B.. Hovland and by Scott H. Neal, respectively the Mayor.and'City Manager of the City of Edina,'a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF/�e The foregoing instrument was 20A, by / DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: Warren D. Synder 9oa�nG Sy n d e 2 me this fh day of �V(f lF <_.,•' r, Q::7777 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT % 1IMN IMM day of 4W , 20�, by and between the CITY AGREEMENT made this �_ y. �� and Todd &Mary Peterson, (the "Property OF EDINA, a Minnesota municipal corporation (,,City") Owner "). RECITALS Block.2 of Westche A. Property Owner is the owner of Lot 5, ster Knolls, having a street address of 5112 Windsor Ave, Edina, Minnesota (the Subject Property "). B. The City has requested that Property Owner replace the existing Subject IPubs) from the trunk sanitary sewer pipe to the right -of -way line on the u 1 Property ( " improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 124. laced their sewer and Property. r and has requested that the City C. Property Owner has rep assess the cost of the Public Improvement against the Subject NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote ofM n7 3ol shMNr 55406 (the from Minnea olis & Suburban Sewer & Water, 3233 45th Ones entered into a contract with the "Contractor") to construct the Public Improvement. Property Contractor to construct the Public Improvement and Purchubmittted anl invoice to he City referring to Contractor. The work is completed and the Contractor has .s Purchase Order No. 1044 for the amount of 5 7$ The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project e the same terms as City &Q( of 5 against the Subject Property..The Project Cost will be assessed and Project No. ENG 12-4. The Property Owner waive s any and all pry Project No. ENG 12-4, including uding but the special assessments and to the Public Improvement and to City not limited to hearing requirements and any claim: that the ass otherwise se availabletpursuant t to Mmn. Subject Property. The Property Owner waives any appeal rights Stat. § 429.081. 3, BINDING EFFECT; RECORDING. This Agreement tmay be recorded against This Agreement Owner and the Property Owner's successors and assigns. 9 the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 .. ____ nr,, a)r,-n 'A71 . Fax 952 - 826 -0392 CITY OF EDINA 0 ME (SEAL) W11AN STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 , by James B. Hovland. and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf'of'the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) COUNTY OA0A (SS. The foregoing instrument , 20A by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm NOTARY PUBLIC PROPERTY Todd Peterson Mary Peters On W"1! FAXwA5dhZA6imFm= • 2 is Pt�_ day of rSJ r--.' SHARON M. ALLISON NOTARY PWW- MINNESOTA MYCmbft BONJan. 31, 2015 PUBLIC IMPROVEMENT �� �� ��QO S AND �o SPECIAL ASSESSMENT AGREEMENT , 20 j �, by and between the CITY AGREEMENT made this A!_ da y of n enne& Frank Barr, husband and wife OF EDINA, a Minnesota municipal corporation ( City 3�; (the "Property Owner'). RECITALS Property Owner is the owner of Lot 07, Block 002 of Richmond Hills, having a street A. P P dy address of 5021 Richmond Dr, Edina, Minnesota (the "Subject Property'). line (s) The City has requested that Property Owner replace the existing sewer service- "Public g. tY i e to the right -of -way line on the Subject Property from the trunk sanitary sewer p p and also consider replacing water service line from the stop box in conjunction with City Improvement ) Project No. ENG 12-4. assess C. Property erty Owner has replaced their sewer &water and has requested that the City the cost of the Public Improvement against the Subject Property. THE PARTIES NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 555$ (theContractor °)st'o from Hi hview Plumbin 4301 Hi hview Place rier entered into a contract with the Contractor to construct the Public Improvement. Property construct the Public Improvement and Purchase, No. 1 45 he was issued City .re err ng to Purchase Order work is completed and the Contractor has submitted an invoice No. 1045 for the amount of 4 5�, 7_;The City is in receipt of a lien waiver for the work performed and will pay the Contractor. ± , y= will assess the Project Cost in the amount .of 2. SPECIAL ASSESSMENT. The City The,Pro ect Cost will be assessed under the same terms as City 4 5� 'og NG the Subject Property. 1 Project No ENG .124: The Property Owner. waives any and all procedural oject No ENG 12-4, including but the special assessments and to the ts and any that heoassessment exceeds the benefit to the k. not limited to hearing requirem appeal rights otherwise available pursuant to Minn. Subject Property. The Property. Owner waives any app 9 Stat. § 429:081. 3. BINDING EFFECT; RECORDING. This Agreement shall b may be pon thed opera Owner and the Property Owner's successors and assigns. This Agreement the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ar ,)_9')A -0371 . Fax 952 - 826 -0392 CITY OF EDINA W (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager ,e The foregoing instrument was acknowledged before me this day of , 20 , by James B.'Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina; a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority - granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: Renn tta A Barr Frank Barr STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument wx acck�n ,20Q., by ( DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm re ARY PUBLIC this- I I'� day of lie------------------------- - SHARON M. ALMON NOTARY PUBIX- MINNESOTA pp PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT ENT made this � day of Yad , 20 /2-by and between the CITY AGREEM Alissa 8� Matthew Movern, husband and OF EDINA, a Minnesota municipal corporation (City ) wife (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 0, Block 1, of Nylund s Place Division, having a street address of 5005 W. 56th St, Edina, Minnesota (the Subject Properly ). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Im rovement) and also consider replacing water service line from the stop box in conjunction with City P Project No. ENG 12-4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner.received a quote of 5 9$ (th MNr 55406 (the from Minnea olis & Suburban Sewer & Water 3233 45th Ave. neS entMinneapolis, ed nto a contract with the "Contractor") to construct the Public Improvement. Property to the Contractor to construct the Public Improvement and Purchase Order ed an No. o ce o he City referring to Contractor. The work is completed and the Contractor has subm P urchase Order No. 1046 for the amount of 5 0.90( The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the ed under the same terms as City: Cost in the amount of 5 9$ 950.00_�against the Subject Property. The Project Cost will be assessed un Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to 1 the special assessments and to the Public Improvement and eoassessment r exceeds the benefit to the P not limited to hearing requirements and any. claim that alh i hts otherwise available pursuant to Minn. Subject Property. The Property Owner waives any app 9 Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING1DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 . ,. KkT .. _ ocl_A ?F -0371 • Fax 952-826-0392 CITY OF EDINA BY: (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of .1, 00 , by James B. Hovland -and by Scott H. Neal, respectively the Mayor and City Manager, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY ER: r� ssa Movern 5 Matthew Mov rn STATE OF MINNESOTA ) (ss. COUNTY OF �t✓iM� (s" ) The regoing instrument wa cknowledged b 20 W,- V by L) OTARY P1 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm 2 me this I M_ . day of buy- ----------- Sara J Hagemm Notary NNW We of Minnesota ' MYCOMM.EXR 1 -31 -15 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT JV� 0 tp�R S cQ��ucw/ 71+- , 20 , b and between the CITY AGREEMENT made this day of L Y OF EDINA, a Minnesota municipal corporation ( "City ") nd Kristin &Christopher Moguist, husband and wife (the "Property Owner "). RECITALS A. - Property Owner is the owner of Lot 0, BI_ocl � of Edina _Park Division, having a street address of 5032 W. 56th St, Edina, Minnesota (the "Subject Property "'). B. The City has requested that Property Owner replace the existing sewer service "liin (Public from the trunk sanitary sewer pipe (s) to the right -of -way line on the Subject Property Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, INCONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1, PUBLIC IMPROVEMENT. The Owner received a quote of 5$= o (the nstruct the Public from High view Plumbing, 4301 Minne into a contract with the CContractor to construct the Public Improvement. Property Owner entered improvement and Purchase Order No. 1048 was issued to the Contractor. o Pu hase Order No. 11048 for the P and the Contractor has submitted an invoice to the City referring amount of 5840 .Oe . The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2, SPECIAL ASSESSMENT. The City will assess the the same terms as C in the amount of 5 g� 40.00�gainst the Subject Property. The Project Cost will be a Project No. ENG 12-4. The Property Owner waives any and d to procedural 't No ENG 12-4, ncjluding but the special assessments and to the Public Improvement an City 1 not limited to hearing requirements and any claim °that the rights otherwise the benefit t t tMi n. Subject Property. The Property Owner, waives any appeal g Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement This binding may be upon ecorded against Owner and the Property Owner's successors and assigns the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ..J_ -_XXXT Fax 952-826-030 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument ,20lZby DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: Krist quist C ristop r quist acknowledged before me this day of NOTAJW POBCIC JOHN A ARKEMA NOTARY PUSUC • MINNESOTA y Commission Expires Jan. 31. 2014 2 u PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this A4 day of � , 20 A, by and between the CITY OF EDINA, a Minnesota municipal corporation :( "City") a Dawn &Christopher Rofidal, (the "Property Owner"). RECITALS A. Property Owner is the owner ;of, L!;92, Block 0 of Nylund's. Place, having a street address of 5037 W. 56th St, Edina, Minnesota (the Subject Property"). B. The City has requested that Property Owner replace the existing sewer service,�lli line(s) from the trunk sanitary sewer pipe to the right-of-way service Nl line from on the stop boxbincconjunction with City Improvement) and also consider replacing water .Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the.Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 2$ �theContract Cost") from Hi hview Plumbing, 4301 Hi hvrew Place entered into aM ontractw with the Contractor to construct the Public Improvement. Property Owner construct the Public Improvement and Purchase Order No. 1049 was issued to the Contractor. The work is completed and the Contractor �has submitted an invoice to the City referring to Purchase Order No. 1049 for the amount of 6 2�, 65.9.0•,The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost 265 amount City 6 .00%gainst the Subject Property. The Project Cost will be assessed under the same terms Project No. ENG 12. The Property Owner waives any and all procedural and substantive objections to but the special assessments and to the Public Improvement and to City Project No. ENG 12-4 the bi n ludin the not limited to hearing requirements and any claim that the assessment exceeds Subject Property. The Property Owner waives any appeal`rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding recorded against Property Owner and the Property Owner's successors and assigns. This Agreement may the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 F.,. QS2-R76 -0392' CITY OF EDINA (SEAL). U STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of 20 , by ,lames B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) COUNTY OF ( ss. ) The foregoing instrument was 11 ., 20 k2, by NOTARY PUBLIC, PROPERTY • i u "f �' MA •pher R• •. :dged before me this day of DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 ARY PU V � % [q:::LMDON MCKAY FUGLEBERG NOTARY PUBLIC - MINNESOTA MYCOIMISSON EXMRES01131h7 2 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this 14th day of May , 20 12, by and between the CITY " " and Dorenne & William Just Jr, husband and OF EDINA, a Minnesota municipal corporation ("City"), wife (the "Property Owner"). RECITALS Block 1 of Nyiund's Place Division, having a A. Property Owner is the owner of Lot 7, - street address of 5029 W. 56th St, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer oservice,�Ili line(s) from the trunk sanitary sewer pipe to the right-of-way service Nl line from the stop boxbincconjunction with City Improvement) and also consider replacing water Project No. ENG 12 -4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: ject Cost") 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 275.000 sh "Pr 55406 (the from Minneapolis & Suburban Sewer 8� Water 3233 45th Ave. So. Minneap, MN "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1051 was issued to the Contractor. The work is completed and the Contractor, submitted an invoice to the City referring to Purchase Order No. 1051 for the amount of 5 275.0 ,The City is in receipt of alien waiver far the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 2$ . 75.p0 /gainst the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to ut the special assessments and to the Public Improvement and to City Project No. ENG assessment exceeds the , including benefit o the not limited to hearing requirements and any claim that ri hts otherwise available pursuant to Minn. Subject Property. The Property Owner waives any app eal rig inn. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 .. _ 1410 . o,;) JOA -0171 . Fax 952 7826 -0392 CITY OF EDINA L' (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me, this day of , 20 _ „ by James B. Hovland and-by Scott H. Neal, respectively the Mayor and City Manager cf the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF Hennepin ) The foregoing instrument was May , 20 12, by 'D DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTeokY PUBLIC PROPERTY OWNER: orenne Just W,"Q -e., . 3�!' William Just Jr. before NOTARY PUBLIC is 14th day of AUSA MANE MESIdEii NOTN11f PUaIIC • BRA MYCNEJ0Y�80fA111d K i? PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of , 2Q by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Thomas Divine (the Property Owner") RECITALS A. Property Owner is the owner of Lot 022, of Stows Yvonne Terrace Division, having a street address of 5009 Yvonne Terr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their Sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 3 000.06,(the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So ,Minneapolis, MN 55406 (the "Contractor') to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1053 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1053 for the amount of J3 .000.0C( The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City, will assess the Project Cost in the amount of 3 0$ , qq, 6gainst the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives.any appeal rights, otherwise available pursuant to Minn.. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING ]DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 Fax 952- 826 -0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of.. 20 , by James B. Hovland" and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ' (ss* COUNTY OF eA e k IT The foregoing instrument 1�1 g, , 20L, by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn N TARY PUBLIC PROPERTY OWNER: Thomas Divine �. knowledged bef re me this day of S;46 _ AA .�.� NOTARY PUBLIC 2 SHARON M. AWSON NOTARY PUBLIC - MINNESOTA 5N COmmbon B*w Jan. 31; 2015 op STATUTORY SHORT FORM POWER OF ATTORNEY NEMTNESOTA STATUTES, SECTION 523.23 IMPORTANT NOTICE: The powers granted by this document are broad and sweeping. They are defined in Minnesota Statutes, section 523.24. If you have any questions. about these powers, obtain competent advice. This power of attorney may be revoked by you if you wish to do so. This power of attorney is automatically terminated if it is to your spouse and proceedings are commenced for dissolution,'legal separation, or annulment of ar your mriage. This power of attorney authorizes, but does not require, the attorney -in- fact to act for you. PRINCIPAL (Name and Address of Person Granting the Power) THOMAS B. DIVINE 5009 Yvonne Terrace Edina, MN 55436 ATTORNEYS) -IN-FACT (Name and Address) KAREN K. BRETSON 5712 West 70th Street Edina, MN 55439 CATHY D. OAS 2008 East 123rd Street Burnsville, MN 55337 Notice: If more than one attorney - in -fact is designated, make a check or "x" on the line in front of one of the following statements: X Each attorney -in -fact may independently exercise the powers granted. All attorneys -in -fact must jointly exercise the powers granted. SUCCESSOR ATTORNEYS) -IN -FACT (Optional) To act if any named attorney -in- fact dies, resigns, or is otherwise unable to serve. (Name.and Address) First Successor SHANNON M. BRETSON 2916 Hampshire Avenue South St: Louis Park, MN 55426 Second Successor EXPIRATION DATE (Optional) Use Specific Month Day Year Only I (the above named Principal), do hereby appoint the above named Attoiney(s)4n -Fact to act as my attorneys) -in -fact: FIRST: To act for me in any way that I could act with respect to the following matters, as each of them is defined in Minnesota Statutes, section 523.24: (To grant to the attorney -in -fact any of the following powers, make a check or "x" on the line in front of each power being granted. You may, but need not, cross out each power not granted. Failure to make a check or "x" on the line in front of the power will have the effect of deleting the power unless the line in front of the power of (N) is checked or x -ed.) Check or "x" (A) real property transactions; Count I choose to limit this power to real property in Y� Minnesota, described as follows: (Use legal description. Do not use street address.) (If more.space is needed, continue on the back or on an attachment.) (B) tangible personal property transactions; (C) bond, share, and commodity transactions; (D) banking transactions; (E) business operating transactions; (F) insurance transactions; (G) beneficiary transactions; (Fi) gift transactions; (I) fiduciary transactions; (J) claims and litigation; K) family maintenance; (L) benefits from military service; (M) records, reports, and statements; -K- (l) all of the powers listed in (A) through (M) above and all other matters; SECOND: (You must indicate below whether or not this power of attorney will be effective if you become incapacitated or incompetent. Make a check or "X" on the line in front of the statement that expresses your intent.) x_ This power of attorney shall continue to be effective if I become incapacitated or incompetent. This power of attorney shall not be effective if I become incapacitated or incompetent. K THIRD: (You must indicate below whether or not this power of attorney authorizes the attorney- in-fact to transfer your property to the attorney -in -fact. Make a check or "x" on the line in front of the statement that expresses your intent.) This power of attorney authorizes the attorney -in -fact to transfer my property to the attorney -in -fact. x_ This power of attorney does not authorize the attorney -in -fact to transfer my property to the attorney -in -fact. FOURTH: (You may indicate below whether or not the attorney -in -fact is required to make an accounting. Make a check or "x" on the line in front of the statement that expresses your intent.) My attorney -in -fact need not render an accounting unless I request it or the accounting is otherwise required by Minnesota Statutes, section 523.21. x My attorney -in -fact must render (Monthly, uarterly, Annual) accountings to me or my other attorneys -in -fact during my li ime, and a final accounting to the personal representative of my estate, if any is appointed, after my death. In Witness Whereof I have hereunto signed my narn if Nove rb 011. STATE OF MINNESOTA ) THOMAS B. DIVINE ss. COUNTY OF HENNEPIN ) The foregoin instrument was acknowledged before me this 17 day of 4 2011, by TH SS B. DIVINE. } THERESA M. LEWIS Notar .Public Note- Public -State - Minnesota y _ = L My Commission Expires ' January 31 . 2013 This Instrument Drafted by: Terrie Lewis Law Office, P.A. 6600 France Ave South, Suite 465 Edina, MN.55435 952- 345 -8282 952- 920- 2209(fax) tlewis @terrielewislawoffice.com Specimen Signature of Attorneys) -in -Fact (Notarization not required) KAAENX. CATHY D. OA S SHANNON M. BRETSON 3 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT Mgt , 20 , b and between the CITY AGREEMENT made this �_ day of � Y OF EDINA, a' Minnesota municipal corporation ( "City" nd Scott L. Thorp, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 5, Block 2 of Edina Park, having a street address of 5108 W. 56th St, Edina, Minnesota (the Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to, the right -of -way line on the Subject Property ( "Public Improvement') and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their. sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 7185.00 (the "Project Cost ") from Hiahview Plumbing, 4301 Hiahview Place, Minnetonka, MN 55345 (the Contractor) to construct the Public Improvement. Property Owner entered into a contract with the Contractor .to construct the Public Improvement and Purchase Order No. 1057 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1057 for the amount of 7 1� , 85.00., The City is in receipt of a lien waiver for the work performed and will pay the Contractor. .2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 7 1$ 85.0%against the Subject Prop erty,.The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINd DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 WO- RIF, -0171 • Fax 952-826-0392 CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor- Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF PM lam) The foregoing instrument was , 20_�j by DRAFTED BY: CAMPBELL KNUTSON Professional Association 917 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: colt L Thorp before me this 1 day of In -" r— 0 62n -J �� l PUBLIC 2 HARON NL A S LIJSON d>a8IE -m [�4- PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this � day of , 20_�3, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Morgan S & Susan M Brown, (the Property Owner "). RECITALS A. Property Owner is the owner of Lot 4, Block 1 of Norma ndale .Court, having a street address of 5033 Normandale Ct., Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ') and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION: OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT..'' MPROVEMENT. ' ' The Owner received a quote of $2.295.0 0 (the "Project Cost ") from Hiahview Plumbing, 4301 Hiahview Place, Minnetonka,_ MN 55345 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase.Order No. 1058 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1058 for the amount of $2,295.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT.. The . City will assess the Project Cost in the amount of $2,295.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ..+,.— ,Pt1innMN.cnv • 952 - 826 -0371 a Fax 952 - 826 -0392 CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF �%' 1'1' The foregoing instrument , 20a, by :DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve NOTARY PUBLIC PRO ERTY OWNS .r Mora S. Brown M. Brown R: acknowled ed efore me th' day of � f , 4SVl ���3AnNf , kA NOTARY PUBLIC 2 SHARON M. A.USON WTAW PUBLIC- MINNESOTA My fon Jw 31, 2015 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT OCT i 1 201. CITY OF EDINi- PUBLIC WORKS �J AGREEMENT made this 17 day of 0c,4 k ee , 20L,�t_, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and William D Buss, (the "Property Owner "). RECITALS A. Property Owner is the owner of Lot 12, Block 1 of `!!Westchester Knolls, having a street address of 5024 Kent Ave, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer- pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C. Properly 'Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of MA55 0.06the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 451th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1059 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1059 for the amount of X4.850.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 4 850.00ragainst the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING.. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINd DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ___ ,-a:.:..IXXT .., - oS1 -RU -0171 9 Fax 952 - 826 -0392 (SEAL) STATE OF MINNESOTA ( ss. COUNTY OF HENNEPIN CITY OF EDINA BY: James B. Hovland, Mayor AND Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this .. day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MI",etil ) COUNTY OF l s. IP 'n a foregoing instrument was CY ti , 20a, by U` DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center -1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: William D. Buss me this O day of PUBLIC 2 ------- ---------- SHARON.M. ALLISON NCrARY Puquc. MINNEswA rNC�mn�.3t.ZDtS 1 UENGINEERING PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of J , 20 � , by and between the CITY OF EDINA, a Minnesota municipal, corporation ( "City ") Ad Sumner Adam & Jennifer Irene Musolf, husband and wife, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 025, of Edina Park, having a street, address of 5009 Kent Ave, Edina, Minnesota (the Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $6,210.00Xthe "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So , Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1060 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1060 for the amount of $6,210.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 6 210.00%gainst the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the .assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded agaip -` the title to the Subject Property. ENGINEERIN(d DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ......... V .1:. AANT rtnir . 952-826 -0371 Fax 952- 826 -0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing_ instrument was acknowledged before me this day of 1,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF The foregoing instrument 201, by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm NOTARY PUBLIC . i . � _III T� Musolf - - 2 CHERYL A ROSE ' NOTARY PUBLIC - MINNESOTA �;, . MY COMMISSION EXPIRES 01,3112015 z PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT RECEIVED Jlf1- � CITY AGREEMENT made this day of �LP ) , 201�� by � a OF EDINA, a Minnesota municipal corporation ( "City") an ark L Van Sloun, (the' a weer"). RECITALS A. Property Owner is the owner of Lot 07, of Westchester Knolls, having a street address of 5004 K_ e_nt Ave: Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing er srvice��IPubs) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIE AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote ofM j ol s MN §.5 0h "Project C (the from Minneapolis & Suburban Sewer & Water 3233 45th Ave. S entered into a contract with the "Contractor") to construct the Public Improvement. Property Contractor to construct the Public Improvement and .Purchase Order No. 1061 was issued to the Contractor. The work is completed and the Contractor has The submitted is in an invoice to receipt of athe ien wa ee referring Purchase Order No. 1061 for the amount of 5 765.00., City work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 7$ against the Subject Property. The Project Cost will all assedurral and esubstan vetobjections to Project No. ENG 12 -4. The Property Owner waives any and all proc the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ........I F,a;", MN vnv . 952- 826 -0371 • Fax 952- 826 -0392 CITY OF EDINA BY: James B. Hovland, Mayor (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of ,20 by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPER TY OWN R. Nad6 C is Mark Van Sloun STATE OF MINNESOTA ) ( ss. COUNTY OF ✓� ) The foregoing instrument was acknowledged before me this (o day of 20-V, by M-f-X t NOTA p# PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn 2 M E CONNOLLY C - .MINNESOTA WIRES 010/17 A PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this a day of P� `� , 20 ► Z by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Peter S & Tiffany G Bills, husband and wife (the, "Property Owner"). RECITALS Block 1 A. Property Owner is the owner of Lot 0, , of Edina Park Division, having a street address of 5036 W. 56th St, Edina, Minnesota (the "Subject Propeitj "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 390.00 /the "Project Cost ") from Hi hview Plumbing 4301 Hi hview Place Minnetonka MN 55345 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1063 was issued to the Contractor. The Work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1063 for the amount of 5� ,390.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 390.00;against the Subject Property. The Project Cost will:.be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded agair -' the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ....... V A;, ARM vnv . 952 =926 -0371 9 Fax 952- 826 -0392 CITY OF EDINA AM (SEAL) WILD STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor .Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of 20 , by James B. Hovland and by Scott H. Neal;, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf'of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY AbUZA11)) The foregoing instrument 20j_a by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC • ' �itL • acknowledged_before_pe this �_ day of 0) LIC JANE M. TIMM IMAM PUBLIC- MNNM= 11,rGann�asiodE�rces,l�.9t; 2015 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT a AGREEMENT made this day of 20 ! by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") d Kurt Knutson & Clara Case, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot.03, of _Stows. Yvonne Terrace Division, having a street address of 5008 Yvonne Terr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5$ ,500.06�the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So.,_ Minneapolis, MN 55406 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1064 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1064 for the amount of $5, 500.0 The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 500.00 ,against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded again,' the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 Fax 952 - 826 -0392 CITY OF EDINA (SEAL) WED STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this . U r: day of OUTZ8 E2 , 20 12-, by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( SS. COUNTY OF Ke�NeP N ) NOTARY PUBLIC PROPERTY OWNER: Kurt Knutson . ojvt'4—�. 0 Clara Case JOSHUA THOMAS CRAMER NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01131117 The foregoing instrument was acknowledged before me this ?moo 12f- day of o�rvQ—=�L , 20 (1 , by 6v(LT Y— tjv-rSoN rkwa CA-Ire A CA-Se DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY P BL PA R PUBLIC IMPROVEMENT 3 AN D SPECIAL ASSESSMENT AGREEMENT pU8`1CwOR AGREEMENT made this day of -J c;.�L..e 1 , 20_�3 , by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") a d Gregory H & Susan M Keane, (the "Property Owner"). RECITALS A. Property Owner is the.owner of Lot 13, Block of Nvlund's Place, having a street address Of 5105 W. 56th St, Edina, Minnesota (the "SubjectProperty "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: _ 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 250.00 (the "Project Cost ") from Minneapolis Sz Suburban Sewer & Water , 3233 45th Ave So., Minneapolis, MN 55406 (the 'Contractor') to construct the Public Improvement. Property Owner entered into. a contract with the Contractor to construct the. Public Improvement. and Purchase Order No. 1065 was issued to the Contractor: The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1065 for the amount of $6,260.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT., The City will assess the Project Cost in the amount . of $6,250.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal :rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMEN'T 7450 Metro Boulevard • Edina, Minnesota 55439 i.,n.nATPAinnMN.Cnv.952- 826 -0371 • Fax 952-826-0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City.Council. NOTARY PUBLIC PROP RTY OWNER: � ��✓ Gregory H. Keane a � 11--M L"� Susan M. Keane STATE OF MINNESOTA ) ( ss. COUNTY OFHerlOW,'A The foregoing instrument was acknowledged before me this 4) , 20, by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn day of 0) ;?5 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this 1 - day of O- eC�M,�'� , 20A, by and between the:CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Kraig. Knutson & Bridget Towey, (the "Property Owner"). RECITALS A. Property Owner is the owner:of Lot 10, Block of Stows Yvonne Terrace, having a street address of 5036 Yvonnelerr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement') and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF. THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $8230.00 (the "Project Cost') from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement.. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1066 was issued to the Contractor.. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1066 for the amount, of $8230.0 0The City is in receipt of alien waiver for the work performed and will pay the Contractor: 2. y, SPECIAL ASSESSMENT. 'The City will assess the Project Cost in the amount of 8230.00 (against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ......,T~a:,.,r,rTKT am, . . Pny Q10- 99.6 -n392 (SEAL) CITY OF EDINA [-"7 AND James B. Hovland, Mayor Scott H. Neal, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF f4Iht 'k— ) The foregoing instrument wa§ acknowlqVged b fore m thi l ta l a. CSI , 20] , by �(al r NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office. Center 1380 Corporate Cent r%Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm 2 O�SHARON M. ALLISON WTAWPUSUC- MINNWM MlyCommisston�J� 31,2015 Ell PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this �_ day of �� 201 -L,-by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Christopher & Kathryn Jones, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 0, of Richmond Hills, having a street address of 5012 Richmond Dr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service��line(s) from the_ trunk sanitary sewer pipe to the right -of -way line on the Subject Property ("Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property: NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 4 535.00`jthe "Project Cost ") from Minneapolis &Suburban Sewer &Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement, and Purchase Order No. 1068 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1058 for the amount of 4 b35.00'�The City is in receipt of a lien waiver for the work performed and will'pay the Contractor. 2. J SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $4.6 15.00 against the Subject Property. The Project Cost will be assessed under the.same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property "Owner's successors and assigns.. This Agreement may be recorded agair' " the title to the Subject Property. ENGINEERING IDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ......... VA; —XAXT rtntr . 9S2-R26 -0371 . Fax 952- 826 -0392 CITY OF EDINA MR (SEAL) Pie STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager T"- ` oregoing instrument was acknowledged before me this _ L day of 20_L- !-r by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager 4f the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) COUNTY OF ( ss. ) The foregoing instrument was i)Kl e- 9 20IZ by C DRAFTED BY: CAMPBELLKNUTSON ,Professional Association 17 Eagandale Office Center - i 380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NW' PUBLIC before me this `ZhA day of • •-4- UBLIC MEGAN L PHIWPPI NOTARY PUBLIC - MINNESOTA . MYCOMNASSIONExPIRE$Of131/18 2 b0 ` PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT. AGREEMENT made this day of 20�by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and James Ankeny & Lucinda Winter, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 00, Block 00 of Unplatted 33 117 21, having a street address of 5532 Code Ave, Edina, Minnesota'(the "Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their Sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 4 300.00 (the "Project Cost ") from Ouverson Sewer & Water, Inc:, P.O. Box 247, Loretto, MN 55357 (the "Contractor") to construct the' Public Improvement. Property 'Owner entered into a contract with the Contractor to construct the Public. Improvement and Purchase Order .No. 1069 was issued to the Contractor. The work is completed and the Contractor has ,submitted ' an invoice to the City referring to Purchase Order No. 1069 for the amount of 11,200.00( he City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $4,300.00 against the Subject Property. The Project Cost will be assessed under the same terms as City. Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded again, the title to the Subject Property. ENGINEERING bEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 r 1c._ _1 .,wr _--. nc1 o' a n271 . v..., OC7_R7�_(1�Q7 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: mes Ankeny 1-6eiKdW inter STATE OF MINNESOTA ) (ss. COUNTY OF t� ) The foregoing instrument .�u►'V�. , 20_[X, b) -PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm this ( glay ------------------- SHARON M. ALLISON lldfAW PUBLIC - MNNiSORA Sy Canmis M E*kW Jae. 81; 2015 r, PUBLIC IMPROVEMENT AND SPECIALASSESSMENT AGREEMENT AGREEMENT made this day of , 20 t�-; by and between the CITY OF EDINA; a Minnesota municipal corporation ("City ") a Christopher M. Johnson, (the "Property Owner"). RECITALS A._ Property Owner is the owner of Lot 012, Block 01 of Richmond Hills, having a street address of 5040 Richmond Dr, Edina, Minnesota (the "Subject Property "). B. The' City .has requested that Property Owner replace the existing sewer service line(s) from .the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 7170.00�the "Project Cosy) from Highview Plumbing, 4301 Hiahview Place,_ Minnetonka, MN 55345 (the "Contract or ) construct the Public Improvement. Property Owner entered into a contract . with the Contractor 'to construct�the Public Improvement and Purchase Order No. 1070 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1070 for the amount of $7,170.0b. The City. is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $7,170.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. Th, is Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ........ F.a;. A/T\T anv . 95 ?. -R?.6 -0371 • Fax 952 - 826 -0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal,. City Manager The foregoing instrument was acknowledged before me.this day of ,20 , by James B. Hovland and by Scott H. Neal, ,respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: hristopher M. Johnson STATE OF MINNESOTA ) ( ss. COUNTY O The foregoing instrument 20j)�,, by NOT DRAFTED, BY: CAMPBELL KNUTS.ON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn re me this UC"" day of I S-Z' PUBLIC SHARON M. ALLISON WrAWFW .MWNE80TA Is J PUBLIC IMPROVEMENT �� 0?9201p AND P(/gl�C 4CR SA SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this �— day of ��'�� , 20�/,�by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Judith & Thomas Forker, husband and wife, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 014, of Nylund's Place, having a street address of 5109 W. 56th St, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line( §) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their Sewer & Water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT.. The -Owner received a quote of 6 825.0d� the "Project Cost ") from Beniamin Franklin Plumbing, 1424 3rd St No, Minneapolis, MN 55411 (the Contractor) to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1071 ' was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1071 for the amount of 6 825.0, The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2./ SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 6 825.00,against the Subject Property. The Project Cost will be assessed under the same terms as City. Project No. ENG 12 -4. The Property Owner waives any and all procedural an. "d substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded agair' the title to the Subject Property. ENGINEERING ]DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 "mr. . 4r,2- R7.F_n371 . Fax 952 - 826 -0392 CITY OF' EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 2n , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: Judith Forker Thomas Forker STATE OF MINNESOTA ) ( ss. COUNTY OF 1 m S9 ) — The foregoing instrument was acknowledged before me this day of l u ne , 20 I , by,, '�-k cat, A. DRAFTED BY: CAMPBELL KNUTSON Professional Association .317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn V'�4Ta ' 1 0 TARY _ • %_ �� 2 sAww a Isar NOWY Pec MhVW=% PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of OF EDINA, a Minnesota municipal corporation wife (the "Property Owner'). RECITALS 3° rAVIIA- 201 Z by and between the CITY (" ity ") d P� atrick & Margaret- Huber, husband and A. Property Owner is the owner of Lot.0. Block 1 of Edina Park, having a street address of 5025 Kent Ave, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $6,325.00flhe "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th: Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property `Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1072 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1072 for the amount of $6,3,25X The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. ,// SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 6 325.00jagainst the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING IDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 _._r. ]_ -_x xxT nci o7G !1171 - v— OG�_St�ti_l1�Q7 CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before, me this day of 20 , by James B. Hovland and by Scott H. Neal, respectively, the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF Ahe foregoing instrument was u V 20Z2-, by_ DRAFTED BY: CAMPBELL KNUTSON Professional Association 117 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROP OW trick HuKer Margar f uber before me this �jday of ARY PUBLIC JAMES MICHAEL BAISCH NOTARY PUBLIC- NNNESOTA MY COMR6don Expires Jan. 31, 2014 r 2 W CEIVE PUBLIC IMPROVEMENT JUL 2 7 2X2 AND CITY OF EDINA SPECIAL ASSESSMENT AGREEMENT P0. I IC WORKS/ AGREEMENT made this Z . day of J �A 20 k 1, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") antl Ray Nelson & Sally.Dunn, (the "Property Owner"). RECITALS A. Property Owner is the 'bwner of Lot 010, Block 002 of Richmond Hills, having a street address of 5020 Windsor, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace. the existing, sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES . AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 730.06�the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct ,the. Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1073 was issued to the Contractor. The work is:.,completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1073 for the amount of $5,730.00, The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. r SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 730.00,against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives. any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 Fny 957.99.6 -0397 CITY OF EDINA (SEAL) U l STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager �OV 19 2012 The foregoing instrument was acknowledged before me this day of 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF ) Tl a foregoing instrument. til.i( , 20_�j by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PRO TY OWNER, v RI Nelson Sally n jowjpdged b ford rn this �� day of 1�1 em—"O't - - .I . NOTARY PUBLIC SHAMINJ M A"ON WTAW ft&X.lWWM 3M �h► �anm'ssion 6vkw'Z, 31.206 -99 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of � , 2012, by and between the .CITY OF EDINA, a Minnesota municipal corporation (City and Colin & Abigail Rooney, husband and wife (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 015, Block 001 of Richmond Hills, having a street addross of 5028 R Lrdmorid Cr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ('Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 210.06,(the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1074 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring -to Purchase Order No. 1074 for the amount of $5.210.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT.. The City will assess the Project Cost in the amount of 5 210.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12.4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public-Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard . Edina, Minnesota 55439 PA;naXAM any . 957-R7fi -0.371 • Fax 952 - 826 -0392 CITY OF EDINA C-" (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager Th- f---going instrument was acknowledged before me this ' day of _, 20AI, by James B. Hovland and by Scott H. Neal, respectively the Mayor and City MaMa g$r of the City of Edina; a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. SHAWN R. MCLEOD Notary Public-Minnesota Commi•slat FXPIles Jan 31, 2015 STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was 201'2 -, by ' DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 380 Corporate Center, Curve Cagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC tgael:j 4 ia - orig r n NOTARY PUBLIC 2 this "1'=` day of PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this ;20P day of OV7 , 201_4 , by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and William Stuart Steinke, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 003, Block 002 of Westchester Knolls, having a street address of 5104 Windsor Ave, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service, line (s) .from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ('Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer & water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES. AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 240.0`0 (the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN . 55406 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1076 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1076 for the amount of $6,246.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $6,240.60 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING) DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 _. _.. r..l:_..1k Trr ...._.. ncn one n ,2'77 . r,.., ncn one w2n7 CITY OF EDINA ® James B. Hovland, Mayor (SEAL)���� 3 Jp� Ep1NP AND r�� OCw�RKS Scott H. Neal, City Manager Q�e tY 9 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF �— The foregoing instrument )Cj✓1 • , 201, by DRAFTED BY: CAMPBELL'KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve =agan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY .R William Stuart St' in e laM ARY PUBLIC i? -this C day of ' SHARON M. ALLISON f=ARY PUBUG- M1kNE8= MYCOM JIL31;2015 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of 04aa*'er , 201A, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and John & Beverly Haw, husband and wife (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 016, Block 001 of Richmond Hills, having a street address of 5464 Richmond Dr, Edina, Minnesota (the "Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the .Public improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $4,800.06 (the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the. "Contractor") to construct the Public` Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1077 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1077 for the amount of M 800.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 4 800.b0 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING1DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 _._._r. J:__7, XXT _. . nc1 o is n2'71 . r.... 0r7 474..oia,) CITY OF EDINA (SEAL) _►I STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. , STATE OF MINNESOTA ) COUNTY OFV 1'x'11 t^ //nn T e foregoing instrument V6� , 20AR, by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm NOTARY PUBLIC PAZORERTY OWNER: John Haw Beverly Haw NOTARY PUBLIC 2 SHARON AL ALLISON �r� 1AD?AHYPIJBLfC•A+IIt�lES01N 1�+Ca6��,�.Y0f5 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT 3s :NON- , o� 20, AGREEMENT made this day of 4vel-`40 , 20_1,g-S., by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Nicholas Engels, (the "Property Owner "). RECITALS A. Property Owner is the owner ,of Lot 013, Block 001 of Richmond Hills, having a street address of 50036 Richm6hd' Dr Edina, Minnesota (thy: "Subject Property ") B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of- -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 1 995.00 (the "Project Cost ") from Hiahview Plumbing, 4301 Hiahview Place, Minnetonka, MN 55345 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1078 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1078 for the amount of $1,995. OO'The. City is in receipt of alien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 1 995.00�against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard . Edina, Minnesota 55439 ......... 1P.1:,..,A fT�T ,,.,.. _ gS7_R7F_n171 . Fax 952 -R26-0392 CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of 20 Iz by James B. Hn��land and by Scott H. Neal, respectivc!y the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. PROPERTY OWNER: C is olas Ehdels STATE OF MINNESOTA ) • (ss. COUNTY O IN) The foregoing instrument waq ac novy � \ASledged before me this day of 20�, by 1'E''1 ., DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 4380 Corporate Center Curve igan, Minnesota 55121 elephone: (612) 452 -5000 RNK:srn 2 SHARON K ALLSON NOTARY PUBLIC -U NNESOrM # 1�Commission .3t 20f S PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT a o AGREEMENT made this iC) day of LC , 201!4, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Janice Joshua, (the "Property Owner").. RECITALS A. Property Owner is the owner of Lot 014, Block 002 of Richmond Hills, having a street address of 5036 Windsor Ave, Edina, Minnesota..(the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT.. . The Owner received a quote of $3,500.00 (the "Project Cost ") from Highview Plumbing, 4301 Highview Place, Minnetonka, MN 55345 (the "Contractor ") to construct the Public Improvement. Property. Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1079 was issued to the Contractor. The work is completed and the'Contractor has submitted an invoice to the City referring to Purchase Order No. 1079 for the amount of 3 500.00 The. City is in receipt of a lien waiver for the work performed and will pay the Contractor. 4. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 3 500.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the .assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINCJ D EPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) CITY OF EDINA BY: James B. Hovland, Mayor AND Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this _ day of .120 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: Jani Joshua STATE OF MINNESOTA ) (ss. COUNTY" OF ) 0 Wer in g instrument was acknowledged 20j�2 by A DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center '380 Corporate Center Curve agan, Minnesota 55121 i elephone: (612) 452 -5000 RNK:srn I �� AAINNVESpTq MV COMMISSION EXPIRES.1/31rMs 2 me this w day of PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this --� day of J.4 20 /� by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and,, teven & Susan Meyer, husband and wife (the "Property Owner"). RECITALS A. Property Owner .is the owner of Lot 0, Block 002 of Westchester Knolls, having a street address of 5100 Windsor, Edina, Minnesota (the "Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C: Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: r. 1. PUBLIC IMPROVEMENT. The Owner received a quote of 5 260.00 (the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1080 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 11080 for the amount of 5 260.00 -The City is in receipt of a lien waiver for the work performed and will pay the .Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 5 266.00,against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 124: The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING1DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 ....... o9Z')_Q ')4_0q71 . Fav CITY OF EDINA (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of —,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, .a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF, ) e foregoing instru nt was 20,1Aby _ a C Grutiufi RY PUBLIC NESOTA DRAFTED B rCa CAMPBELL K professional Association 17 Eagandale Office Center MO Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: Stebe'n Meyer U i'saK ffeyer ' me this /7)� day of WhV1 --*-1 " PUBLIC F) r. PUBLIC IMPROVEMENT RECEIVE® AND SPECIAL ASSESSMENT AGREEMENT j& 1 7 2012 M( OF EDINX FlUBUC WORKS AGREEMENT made this day of , 20a, by and ,the CITY OF EDINA, a Minnesota municipal corporation ( "City ") a. Carrie Wikman, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 006, Block 003 of Richmond Hills, having a street address of 5404 Richmond Lane; Edina,; Minnesota (the "Sul iect Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the .Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 3 250.00,(the "Project Cost ") from Minneapolis & Suburban Sewer & Water, 3233 45th Ave. So., Minneapolis, MN 55406 (the "Contractor") to construct the Public Improvement. Property Owner . entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1081 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1081 for the. amount of $3,250.00., The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of 3 250.O1� jagainst the Subject Property. The Project Cost -will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING ]DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 1AnAnvRrlinsMN.¢ov • 952- 826 -0371 • Fax 952- 826 -0392 CITY OF EDINA M (SEAL) U D STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 1 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: �A 141a, &',I�ow Carrie ikma STATE OF MINNESOTA ( ss. COUNTY OF P . (ti ) The foregoing instrument was acknowledged before me this l day of JUJ U , 20a, by L'/�/2 6 �J • lil/� ARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON JANA MARIE LARSON Professional Association 317 Eagandale Office Center _ NOTARY PUBLIC•MINNESOTA 1380 Corporate Center Curve My Commission Eapires Jan. 31,2614 Eagan, Minnesota 55121 ~ Telephone: (612) 452 -5000 .RNK:srn 2 PUBLIC IMPROVEMENT RECEIVED AND X13 SPECIAL ASSESSMENT AGREEMENT CITY OF EDINA PTIBUC 1 ORR. AGREEMENT made this day of , 2013 , by and between the CITY OF EDINA,.a Minnesota municipal corporation ( "City ") and Lynda Lorenz, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 0, Block 0 of Stows Yvonne Terrace, having a street address of 5004 Yvonne Terr, Edina, Minnesota (the "Subject Property '). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe 'to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner.has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement, against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT.. The Owner received a quote of $8,625.00 (the "Project Cost ") from Beniamin Franklin. Plumbing, 1424 3rd St No, Minneapolis, MN 5541.1 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1082 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1082 for the amount of $8.625 .00 The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. ✓ SPECIAL ASSESSMENT. The City will assess the Project Cost in the. amount of $8,625.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and. any claim .that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. . ENGINEERINGIDEPARTMENT 7450 Metro. Boulevard.• Edina, Minnesota 55439 www EdinaMN:eov • 952 - 826 -0371 • Fax 952 - 826 -0392 CITY OF EDINA (SEAL) _ N 9 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of 20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) COUNTY OF (SS. NOIfARY PUBLIC sai-Aa ' - aRICHARD D. BORLAND, JR. Notary Public State of Minnesota " My Commission Expires January 31. 2014 The foregoing instrument was acknowledged_ before me this' y day of , 20 13, by L,��/./ j 6,_ O ARY PrUBILIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 380 Corporate Center Curve Cagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn 2 e1 PUBLIC IMPROVEMENT . AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this �J day of Zko\ • , 20 _R, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and James Ostlund, (the "Property Owner "). RECITALS A. Property Owner is the owner of Lot 006, Block 002 of Normandale Court, having a street address of 5020 Normandale Ct, Edina, Minnesota (the. "Subject Property"). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property,', ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 925.00 jthe "Project Cost ") from Benjamin Franklin Plumbing, 1424 3rd St No, Minneapolis, MN .55411 (the "Contractor ") to construct the Public Improvement: 'Property Owner entered into a contract with the Contractor to construct the Public. Improvement and Purchase Order No. 1083 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1083 for the amount of 6 925.00 The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $6,925.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim .that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's. successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERINGIDEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www EdinaMN.eov • 952 - 826 -0371 • Fax 952 - 826 -0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of ,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA ) ( ss. COUNTY OF W It\ ) The foregoing instrument was 20 1 by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center '380 Corporate Center Curve Cagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWUM James Ostlund )d before me this '5 day of �'lv►.n K w KRISTINE ERVASTI NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2013 �l PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of JGV� • , 20 (r , by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Ryan Ballinger & Angie McConnell, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 006, Block 00 of Stows Yvonne Terrace, having a street address of 5020 Yvonne Terr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and .water and has requested that the Citv assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $7,110.Onthe "Project Cost ") from Benjamin Franklin Plumbing, 1424 3rd St No, Minneapolis, MN 55411 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1084 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1084 for the amount of $7.11 0.00; The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. / SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $7,110.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment ,exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement. shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.eov . 952 - 826 -0371 • Fax 952 - 826 -0392 (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) CITY OF EDINA BY: James B. Hovland, Mayor - RECEIVED AND JAN 8 2013 Scott H. Neal, City Manager CIP>'rOF EDINA PUBLIC WORKS,, The foregoing instrument was acknowledged before me this day of 1,20 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 0 NANCY L, JAECKELS NOTARY PUBLIC- MINNESOTA . MY COMMISSION EXPIRES 1-31.2014 STATE OF MINNESOTA ) ( ss. COUNTY OF t h ) NOTARY PUBLIC PROPERTY OWNER: Ryan Ballinger Angie cConnell The foregoing instrument was acknow :S ox 'Utc;l , 20_V2, by Ol h DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn me this �_ day of ARY PUBIC/ / STACI'L MUNSTERMAN Notary Public Minnesota @my Commission Expires January 31, 2013 2 9 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of -i'I , 20`. , by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Gerald Peplin, (the "Property Owner"). RECITALS A. Property Owner is the owner of Lot 002, Block of Richmond Hillis 3rd. Addn, having a street address of 5524 Code, Edina, Minnesota (the "Subject Property "). B. The City has requested. that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12 -4. C. Property Owner has replaced their sewer and has requested that the City assess the cost of the Public Improvement against the Subject. Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC .IMPROVEMENT., The: received a quote of $4,950.00 (the "Project Cost ") from Beniamin Franklin Plumbing,_ 1424 .3rd St No,. Minneapolis, MN 55411 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1086 was issued to the Contractor. The work is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1086 for the amount of $4,950.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $4,950.00 against the Subject Property. The Project. Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov . 952 - 826 -0371 . Fax 952 - 826 -0392 CITY OF EDINA BY: James B. Hovland, Mayor (SEAL) AND Scott H. Neal, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The..foregoing instrument was acknowledged before me this day of ,20 by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC • :� • STATE OF MIN ES TA ) (SS. COUNTY OF ` e�lv 1 `) ) � , The foregoing instrument was cknowl ge efor i�ne this of st day of �� 20�, by �� ;f _J t6TAKIYP UBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association SHARON M. ALUSON MINNESOTA 317 Eagandale Office Center ( NOTARY pUBUC- ` 31.2015 1380 Corporate Center Curve �pyCamnssionFxpiresJan Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn 2 PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of ®c�&60c- , 20A by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Ronald Pray, (the "Property Owner "). RECITALS A. Property Owner is the owner of Lot 004, Block 00 of Nylund's Place, having a street address of 5017 W. 56th:St, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement ") and also consider replacing water service line from the stop box in conjunction with City_ Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement, against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: J 1. PUBLIC IMPROVEMENT. The Owner received a quote of 6 925.00,(the "Project Cost ") from Benjamin Franklin Plumbing, 1424 3rd St No, Minneapolis, MN 55411 (the "Contractor") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1088 was issued to the Contractor. The work is completed and the Contract r has submitted an invoice to the City referring to Purchase Order No. 1088 for the amount of $6,925.00.,The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess- the Project Cost in the amount of 6 92e.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12 -4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City. Project No. ENG 12 -4, including but not limited to hearing requirements and any claim that the. assessment. exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 N CITY OF EDINA (SEAL) Wl STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of , 20 , by James B: Hovland and by Scott H. Neal,, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority'granted by its City Council. STATE OF MINNESOTA ) • (ss. COUNTY OFQ O =regoing instrument 20_[:)� by DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:srn NOTARY PUBLIC PROPERTY OWNER: —0 - Ronald Pray before me this 10c". da of _ _ Y ..- PUBLIC - Is SHARON M. ALLISON I0fARY PJS1X- I�IdES= MyCo Mbft80WJiL8!.X016 ] 2 z PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this day of t , 20, by and between the CITY OF EDINA, a Minnesota municipal corporation ( "City ") and Robert E Fitzsimmons Jr, (the Property Owner'). RECITALS A. Property Owner is the owner of Lot 018, Block 00 of Stows Yvonne Terrace, having a street address of 5025,Yvonne Terr, Edina, Minnesota (the "Subject Property "). B. The City has requested that Property Owner replace the existing sewer service line(s) from the trunk sanitary sewer pipe to the right -of -way line on the Subject Property ( "Public Improvement") and also consider replacing water service line from the stop box in conjunction with City Project No. ENG 12-4. C. Property Owner has replaced their sewer and water and has requested that the City assess the cost of the Public Improvement against the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENT. The Owner received a quote of $7,350.00 (the "Project Cost ") from Benjamin ?Franklin Plumbing, 1424 3rd St No, Minneapolis,- MN 55411 (the "Contractor ") to construct the Public Improvement. Property Owner entered into a contract with the Contractor to construct the Public Improvement and Purchase Order No. 1089 was issued to the Contractor. The work.is completed and the Contractor has submitted an invoice to the City referring to Purchase Order No. 1089 for the amount of $7,350.00. The City is in receipt of a lien waiver for the work performed and will pay the Contractor. 2. SPECIAL ASSESSMENT. The City will assess the Project Cost in the amount of $7,350.00 against the Subject Property. The Project Cost will be assessed under the same terms as City Project No. ENG 12-4. The Property Owner waives any and all procedural and substantive objections to the special assessments and to the Public Improvement and to City Project No. ENG 12-4, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 3. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the Subject Property. ENGINEERING]DEPARTMENT 7450 Metro Boulevard. • Edina, Minnesota 55439 www.EdinaMN.gov • 952- 826 -0371 • Fax 952- 826 -0392 CITY OF EDINA M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) James B. Hovland, Mayor Scott H. Neal, City Manager The foregoing instrument was acknowledged before me this day of 120 , by James B. Hovland and by Scott H. Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC PROPERTY OWNER: Robert E Fitzsimmons r. STATE OF MINNESOTA ) ( ss. COUNTY OF T The foregoing instrument v0s ackn , 20 133 by xu NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional. Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452 -5000 RNK:sm me this �;?qll- day of , tM^' z`;iS , r 18jSHARON M. pWSON WTMyPMC- MINNESOTA . hCdMMj5 onEVhsjw31,2015 To: Mayor and Council Agenda Item #: IV.G The Recommended Bid is From: Brian E. Olson, Director of Public Works EEC ® Within Budget ❑ Not Within Budget Date: 2/19/2013 Subject: Purchase of Two Chevrolet Silverado 2500 4WD vehicles, Public Works - Parks Date Bid Opened or Quote Received: 01125/2013 Company: Thane Hawkins Polar Chevrolet Recommended Quote or Bid: Thane Hawkins Polar Chevrolet. State contract # 37909 Bid or Expiration Date: 12/31/2013 Amount of Quote or Bid: $ 47,794.62 General Information: This is for two replacement vehicles for the Parks Department. Vehicle No. 47 -298, is a 2001 Chevrolet Silverado with approximately 83,000 miles. It has significant rust and has outlived its useful life and needs replacement. Vehicle 47 -212, was a 2003 Chevrolet S -10 4x4 that had very high mileage and was sent to auction last year due to mechanical issues. City of Edina • 4801 W. 50th St. • Edina, MN 55424 To: Mayor and Council From: Brian E. Olson, Director of Public Works 6150 Date: 2/19/2013 Subject: Purchase of 2013 Ford F350 4WD Vehicle, Public Works - Parks Date Bid Opened or Quote Received: 01/24/2013 Company: Midway Commercial Ford Recommended Quote or Bid: Midway Commercial Ford. State contract # 55058 o e �t4 In • �� ,REV • Agenda Item tk IVA The Recommended Bid is ® Within Budget ❑ Not Within Budget Bid or Expiration Date: 12/31/2013 Amount of Quote or Bid: $ 25,71 6.48 General Information: This is for a replacement vehicle for the Parks Department. Vehicle No. 47 -378, is a 1999 GMC with approximately 66,000 miles. It has significant rust and has outlived its useful life and needs replacement. This request for purchase is for the cab and chassis only. There will another $18,494.72 proposal for the body and plow needed for this piece of equipment under State Contract No. 48605. City of Edina • 4801 W. 50th St. • Edina, MN 55424 To: Mayor and Council From: Brian E. Olson, Director of Public Works 9150 Date: 2/19/2013 Subject: Purchase of Ford F550 vehicle, Public Works - Utilities Date Bid Opened or Quote Received: 01/15/2013 Company: Midway Commercial Ford Recommended Quote or Bid: Midway Commercial Ford. State contract # 55058 O iBUD / Agenda Item #:IV.I The Recommended Bid is ® Within Budget ❑ Not Within Budget Bid or Expiration Date: 12/31/2013 Amount of Quote or Bid: $ 36,509.48 General Information: This is a replacement vehicle for Vehicle No. 70 -335, a 1996 Chevrolet with approximately 70,000 miles. It has significant rust and has outlived its useful life and needs replacement. This is for the cab and chassis and a diesel engine. There will be another $14,930.44 for the stainless steel box and commercial hauling package done under State contract No. 48605. City of Edina • 4801 W. 50th St. • Edina, MN 55424 To: Mayor and Council From: Brian E. Olson, Director of Public Works EEO Date: 2/19/2013 Subject: Emergency Repair Well 11, Public Works - Utilities Date Bid Opened or Quote Received: 02/05/2013 Company: E.H. Renner & Sons Recommended Quote or Bid: E.H. Renner & Sons ch Agenda Item #: Iv j The Recommended Bid is ® Within Budget ❑ Not Within Budget Bid or Expiration Date: 2/05/2013 Amount of Quote or Bid: $ 27,151.25 General Information: Well I I stopped working on February I, 2013. During the week of February 4th, we asked E.H. Renner & Sons to diagnose the problem. We found that a section of the pump had failed and fell into the 403 foot well pit. There was significant wear on the column pipes and the 5 pump stages. Well No. I I is a primary well for Edina's water supply and it pumps over I million gallons of water per day even during the winter months. We immediately ordered the parts necessary to put the pump back into service. Since this is an emergency repair, we are asking for approval of up to $40,000 for any change order that could result from closer inspection of the parts. City of Edina • 4801 W. 50th St. • Edina, MN 55424 To: Mayor and Council From: Brian E. Olson, Director of Public Works EEO Date: 2/19/2013 Subject: Purchase of 2013 Bobcat S770 Skid Loader, Public Works - Streets Date Bid Opened or Quote Received: 02111/2013 Company: Lano Equipment, Inc. Recommended Quote or Bid: Lano Equipment, Inc. State contract # 52041 oinR-' \.. �_. Agenda Item #:IV.K The Recommended Bid is ® Within Budget ❑ Not Within Budget Bid or Expiration Date: 06/30/2013 Amount of Quote or Bid: $54,887.79 General Information: This is a replacement vehicle for Vehicle No. 25 -418, a 2002 Case Skid Loader. It has significant wear and has outlived its useful life and needs replacement. These pieces of equipment have an estimated life of 10 years due to heavy commercial use. We have extended its life another year but it is becoming unpredictable and unreliable. City of Edina • 4801 W. 50th St • Edina, MN 55424 r To: MAYOR & COUNCIL A. O e 7JR EIPP&.-"W .M�..09-- Agenda Item #: IV.L. From: Bill Neuendorf Action Economic Development Manager Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Resolution No. 2013- 23, Naming the Metropolitan Council as a Permitted Designee of the Transit Easement at Southdale Center Action Requested: Adopt Resolution. Information / Background: As part of the April 2012 Redevelopment Agreement with Simon Properties, the City secured a Transit Easement on which to construct and operate a permanent transit center with park- and -ride lot at Southdale Center. Terms of the Transit Easement were drafted cooperatively between the mall owner, the City, Metro Transit and Metropolitan Council. The Easement was secured with the intention of delegating the authority and responsibility to build and operate the transit center to the Metropolitan Council, as the region's transit agency. On December 12, 2012, the Metropolitan Council approved Item 2012 -351 to authorize an interagency agreement that enables the construction and operation of a new $850,000 transit center and park- and -ride at Southdale Center. Metro Transit intends to proceed with the construction of the new transit center in Spring/Summer 2013. Transit operations would be shifted from the existing (temporary) site at the mall to the new location upon completion in late 2013. This Resolution authorizes the delegation of Transit Easement to the Metropolitan Council while still retaining the rights of the City to operate a local transit system along the same easement. Attachments: Resolution No. 2013 -23 Delegation Agreement (5 pages) City of Edina • 4801 W. 50th St • Edina, MN 55424 RESOLUTION NO. 2013 -23 NAMING THE METROPOLITAN COUNCIL AS A PERMITTED DESIGNEE OF THE TRANSIT EASEMENT AT SOUTHDALE CENTER BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: WHEREAS, the City of Edina and Southdale Limited Partnership have entered into the Southdale Center Redevelopment Agreement dated April 18, 2012; and WHEREAS, the Redevelopment Agreement contains an Easement Agreement dated October 19, 2012 for construction, operation, maintenance and use of Public Transit Improvements located on the mall property; and WHEREAS, the City of Edina has authority to acquire, construct, maintain and operate a public transit system in the greater Southdale area as granted by Chapter 241 of Minnesota Statutes; and WHEREAS, Metro Transit, an agency of the Metropolitan Council has secured financing and intends to construct a new transit center and park- and -ride facility in the northeast quadrant of the Southdale Center property in 2013; and WHEREAS, the new transit center will create a permanent location for commuters, shoppers, employees and other transit riders so that they can best utilize the services of all regional transit providers; and WHEREAS,. Section 6.1 of the Easement Agreement grants the City the right to transfer or delegate its' authority to fulfill the terms of the Easement Agreement; and WHEREAS, the Metropolitan Council approved Item 2012 -351 at its December 12, 2012 meeting thereby authorizing the Regional Administrator to enter into an interagency agreement that would enable the construction and operation of a transit center and park- and -ride at Southdale Mall; and NOW, THEREFORE BE IT RESOLVED that the City Council supports the delegation of the Southdale Transit Easement to the Metropolitan Council and authorizes the Mayor and City Manager to execute such agreements as are necessary to implement the delegation. Attest: Adopted by the Edina City Council this 19t" day of February, 2013. Debra A. Mangen, City Clerk James B. Hovland, Mayor It STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA 1 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 19, 2013, and as recorded in the Minutes of said Regular Meeting. " WITNESS my hand and seal of said City this day of City Clerk DELEGATION OF EASEMENT RIGHTS AND RESPONSIBILITIES FOR CONSTRUCTION, OPERATION AND MAINTENANCE AND USE OF PUBLIC TRANSIT IMPROVEMENTS This Delegation of Easement Rights and Responsibilities ( "Delegation ") is made this day of , 2013, by and between the City of Edina, Minnesota, a Minnesota statutory city (hereinafter the_ "City ") and Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (hereinafter "Met Council "). RECITALS 1. Southdale Limited Partnership, a Delaware limited partnership, (the "Partnership ") and the City have entered into an Easement Agreement for construction, operation, maintenance and use of public transit improvements ( "Easement Agreement") on property at Southdale Mall in Hennepin County described in Exhibit A attached to this Delegation and incorporated, herein ( "Easement Area "). 2. The Easement Agreement was recorded on January 10, 2013 in the Hennepin County Registrar of Titles' Office as Document No. T5031979. A copy of the recorded Easement Agreement is attached hereto and made a part hereof, as Exhibit B. 3. Article VI, Section 6.1 of the Easement Agreement provides that the City may, in compliance with the provisions of Section 6.1, delegate or transfer all or a portion of its rights and 'obligations under the Easement Agreement to the Met Council without the consent of the Partnership for the purpose of providing regional transit services. 4. The Met Council operates regional transit service within the Minneapolis -St. Paul metropolitan area. 5. The City now wishes to delegate to Met Council all of its rights and obligations under the Easement Agreement, except as otherwise provided under the terms of this Delegation, for the operation of the regional transit services. DELEGATION 1. Delegation. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the City hereby delegates to Met Council (the "Permitted Designee ") all of its rights and obligations under the Easement Agreement, except to the extent that rights are reserved by the City under the terms of this Delegation. 2. Assumption. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Met Council hereby accepts the delegation and assumes and is liable for the performance of all obligations, covenants and undertakings of the City under the terms of the Easement Agreement and agrees to be bound by the terms of the Easement Agreement, as though the Met Council were named the grantee in said Easement Agreement. 3. Exception. The City reserves the right under this Delegation and the terms of the Easement Agreement to operate an intra -city transit service within the Easement Area, pursuant to its authority granted by state law, which service shall be reasonably coordinated with the Met Council and with any other regional transit service provider, if any. 4. Liability. Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. Both the City's and Permitted Designee's liability is governed by the provisions of the Minnesota Statutes chapter 466 and neither the City's nor Permitted Designee's obligations under this paragraph shall be construed to negate or abridge or otherwise waive, with respect to the City's or Permitted Designee, the liability limits of Minnesota Statutes chapter 466. 5. City shall indemnify and hold harmless Permitted Designee, its members, officials, officers, agents and employees from any and all losses, damages, expenses, liability, claims or demands including without limitation, attorney's fees, arising out of, resulting from, or relating to City's own acts and the result thereof, including from City's exercise of the rights granted to it by this Agreement and from its,failure to comply with City's obligations under this Agreement. Permitted Designee shall indemnify and hold harmless the City, its officials, officers, agents and employees from any and all losses, damages, expenses, liability, claims or demands including without limitation, attorneys' fees arising out of, resulting from or relating to Permitted Designee's own acts and the result thereof, including from or relating to Permitted Designee's own acts and the result thereof, including Permitted Designee's exercise of the rights granted to it by this Agreement and from its failures to comply with Permitted Designee's obligations under this Agreement. Neither City nor Permitted Designee waives any immunities, defenses or defenses on liability to the parties at law or in equity, and the parties expressly agree that the terms of the 1683010 2 Agreement shall not be construed to affect any waiver, including those set forth in Minnesota Statutes chapter 466. 6. Recitals. The Recitals hereto are fully incorporated into and are a part of this Delegation. TERMINATION OF DELEGATION 1. Termination Due to Default or Noncompliance. The Delegation of the Met Council under this Delegation may be terminated upon notice by the City to the Met Council, if the Met Council fails to comply with the terms of this Delegation or fails to perform . its obligations under the terms' of the Easement following notice by Redeveloper or City of non- compliance under Section 9.1 of the Easement and failure to cure within the time period provided; 2. Default. Upon receipt by City of notice of default by the Met Council under Section. 9.1 of the Easement, the City may take any action it deems necessary to cure the default and protect its rights in the Easement. 3. Except for termination as provided in Section 1 of this Section entitled Termination of Delegation, the delegation to the Met Council as Permitted Designee under this Delegation may not be terminated by the City without the express written consent of the Met Council as Permitted Designee. IN WITNESS WHEREOF, the parties hereto have caused this Delegation of Easement Rights and Responsibilities to be duly executed as of the day and year first written above. [Remainder of Page Intentionally Left Blank.] 1683010 3 CITY OF EDINA 3ss STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) James Hovland, Mayor Scott Neal, City Manager The foregoing instrument was acknowledged before me this day of 2013, by James Hovland, Mayor of the City of Edina, and Scott Neal, City Manager of the City of Edina, a Minnesota statutory city, on behalf of the City. Notary Public 1683010 4 METROPOLITAN COUNCIL STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) Patrick Born, Regional Administrator The foregoing instrument was acknowledged before me this day of 2013, by Patrick P. Born, Regional Administrator of the METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Jeanne K. Matross Associate General Counsel License No. 68615 Metropolitan Council 390 Robert Street North St. Paul, MN 55101 168301v5 5 To: MAYOR & COUNCIL From: Debra Mangen City Clerk Date: February 19, 2013 Subject: Temporary 3.2 Beer License Our Lady of Grace Church Action Requested: o e VA >4, o Jane Agenda Item #: IV. M. Action Discussion ❑ Information ❑ Adopt a motion granting a temporary beer license to Our Lady of Grace Church for their Lenten Fish Fry on March 22, 2013. Information / Background: Our Lady of Grace Church has applied for a temporary beer license for a Lenten Fish Fry to be held Friday, March 22, 2013. Edina Code Section 900 allows non - profit organizations to obtain a temporary beer license to sell 3.2 beer on -sale for this type of event. Our Lady of Grace has filed the necessary application and insurance as well as paid their fee. They have held similar events in the past and obtained a temporary license each time. Their previous events were held without any incident. City of Edina • 4801 W. 50th St. • Edina, MN 55424 0 ow e • ��CORPoll'.. ' • 1886 To: MAYOR AND COUNCIL Agenda Item #: IV.N From: Cary Teague, Community Development Director Action Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Resolution No. 2013 -24 Lot Division, 5809 and 5813 Tingdale Avenue Action Requested: Adopt the attached resolution. Information / Background: Mr. Thomas J. Maimares is requesting to shift the existing lot line that divides the two properties at 5809 and 5813 Tingdale.Avenue. The purpose of the request is to slightly shift the side lot line between these two properties so that the each lot would have more area in the between the home and the side property line, and to eliminate the driveway encroachment at the front lot line. (See property location, proposed lot line shift and narrative on pages Al —A8 of the Planning Commission staff report.) Planning Commission Recommendation: On February 13, 2013, the Planning Commission unanimously recommended approval of the Lot Division. ATTACHMENTS: • Resolution No. 2013 -24 • Draft minutes from the February 13, 2013 Edina Planning Commission meeting • Planning Commission Staff Report, February 13, 2013 City of Edina • 4801 W. 50" St. • Edina, MN 55424 RESOLUTION NO. 2013-24 APPROVING A LOT DIVISION OF 5809 AND 5813 TINGDALE AVENUE WHEREAS, the following described tract of land is requested to be divided: DESCRIPTION OF PROPERTY SURVEYED (Existing): 5809 Tingdale Avenue: Lot 5, Block 2, Edina Ridge, Henn. County. Minn. 5813 Tingdale Avenue: Lot 4, Block 2, Edina Ridge, Henn. County. Minn. 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: . 5809 Tingdale Avenue: See Attached Exhibit A 5813 Tingdale Avenue: See Attached Exhibit A WHEREAS, the requested lot line adjustment 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 pursuant to City Code Sections 850 and 810.04 Subd. 2, and further subject, however, to the provision that the NSP easement that runs along the existing side lot line would have to be shifted five feet to the east, and the overhead power lines would have to be moved five feet to the east before issuance of a building permit for a garage addition. Adopted this 19TH day of February, 2013. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952 - 927 -8861 • Fax 952 - 826 -0389 RESOLUTION NO. 2013-24 Page Two ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 19, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2013. City Clerk Exhibit A EXISTING DESCRIPTION: LOT 5, BLOCK. 2, EDINA RIDGE, HENNEPIN CO., MN. CONTAINS 9700 SF PROPOSED DESCRIPTION Lot 5, Block 2, except that part lying southerly of a line described as follows: commencing at the Southwest corner of said Lot 5, thence on an assumed bearing of N 81° 20'47" E, along the southerly line of said Lot, a distance of 43.55 feet to the point of beginning; thence S 870 59'30 "W a distance of 43.1 feet to a point on the -west line of lot 5, distant 5.00 feet north of southwest corner thereof. Together with that part of Lot 4, Block 2,lying northerly of a line described as follows commencing at the Northwest corner of said Lot 4, thence on an assumed bearing of N 81 020'47 ". E, along the northerly line of said Lot 4, a distance of 43.55 feet to the point of beginning; thence N871 59'30 "E, a distance of 24.40 feet; thence N780 25'E, a distance of 53.6 feet to the Northeastly corner of said Lot 4 and there terminating, all in Block 2, Edina Ridge, contains 9700 SF MARY AND JA -Y KOSTERS ADDRESS — 5813 TINGDALE AVENUE PID #33- 117 -21 -31 -0072 EXISTING DESCRIPTION: LOT 4, BLOCK 2, EDINA RIDGE, HENNEPIN CO., MN. CONTAINS 10700 SF PROPOSED DESCRIPTION Lot 4, Block 2, except that part lying northerly of a line described as follows commencing at the NW corner of said Lot 4, thence on an assumed bearing of N 81 °20'47" E, along the northerly line of said Lot 4, a distance of 43.55 feet to the point of beginning; thence N87 °59'30 "E, a distance of 24.40 feet; thence N78 °25'E a distance of 53.60 feet to the Northeasterly corner of said Lot 4 and there terminating. Together with that part of Lot 5, Block 2, lying southerly of a line described as follows: commencing at the Southwest corner of said Lot 5, thence on an assumed bearing of N 81 °20'47" E, along the southerly Iine of said Lot, a distance of 43.55 feet to the point of beginning; thence S 87 °59'30 "W, a distance of 43.1 feet to a point on the west line of lot 5, distant 5.00 feet north of the Southwest corner thereof, all in Block 2, Edina Ridge. contains 10700 SF A. Lot Division. Maimares. 5809 and 5813 Tingdale Avenue, Edina, MN Planner Presentation Planner Teague informed the Commission Thomas J. Maimares is requesting to shift the existing lot line that divides the two properties at 5809 and 5813 Tingdale Avenue. The purpose of the request is to slightly shift the side lot line between these two properties so that the each lot would have more area in the between the home and the side property line, and to eliminate the driveway encroachment at the front lot line. Planner Teague concluded that staff recommends that the City Council approve the Lot Division of 5809 and 5813 Tingdale Avenue. Approval is based on the findings: 1. The proposed lot line adjustment does not create a new lot. 2. The purpose of the lot line adjustment is to provide additional side yard setback for each home and eliminate the driveway encroachment. 3. The resulting lot area, lot width and lot depth would not change. Motion Commissioner Platteter moved to recommend lot division approval based on staff finding and conditions. Commissioner Grabiel seconded the motion. All voted aye; motion carried. 49S�,r�r o� e U) �y "`°rasa PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague. February 13, 2013 VII.A. Community Development Director INFORMATION & BACKGROUND Project Description Mr. Thomas J. Maimares is requesting to shift the existing lot line that divides the two properties at 5809 and 5813 Tingdale Avenue. (See property location on pages Al —A3.) The purpose of the request is to slightly shift the side lot line between these two properties so that the each lot would have more area in the between the home and the side property line, and to eliminate the driveway encroachment at the front lot line. (See property location and proposed lot line shift on pages A4 —A6.) Surrounding Land Uses The surrounding properties and uses include single - family homes zoned and guided low- density residential. (See page A2.) Existing Site Features Single- family homes are located on both parcels. Planning Guide Plan designation: Zoning: Primary Issue Low - density residential R -1, Single- family residential • Is the proposed lot division reasonable? Yes. The resulting lot line shift does not create an additional lot. The size of each parcel remains the same, and the lot width and depth also do not change. The shift in lot line is accomplished by trading equal 106 square foot sections of property. The result is that the side yard setback for the home at 5809 Tingdale would increase from 2.5 feet to 5.4 feet; and the side yard setback from the home at 5813 Tingdale would increase from 4.7 feet to 5.5 feet. (See pages A5 —A6.) Additionally, the driveway for the home at 5813 would no longer encroach on the 5809 property. (See page A4.) Staff Recommendation Recommend that the City Council approve the Lot Division of 5809 and 5813 Tingdale Avenue: Approval is subject to the following findings: 1. The proposed lot line adjustment does not create a new lot. 2. The purpose of the lot line adjustment is to provide additional side yard setback for each home and eliminate the driveway encroachment. 3. The resulting lot area, lot width and lot depth would not change. Deadline for a city decision: May 7, 2013 2 a City of Edina —� ' �- - - -- -- - Legerd 5701 5616 5713 3721 s `�_ U 1020 5025 "1" Hi hli hted Feature g g Surrounding House Number Labels 5705 9620 \ 5712 5725 56N 5029 � 5024 � House Number Labels 3713 5718 5033 Street Name Labels S621 3724 kt2fDYtA/O =cN 5729 ✓ $100 3028 CCity Limits A Mppr•p,pp,lm. . ;/ Creaks I Sd23 5728 5077 5677 5829 / 5032 Z ❑ Lake Names g m lody Lek $076 j'] Lakes m �j Parks 5206 5204 3200 5124 9720 S 517! 5770 � Parcels 4 C�PP✓£Si \ 21 5213 5801 —� 9805 52b9 5203 3701 5121 5117 $173 5109 5105 3707 5804 gr n 74 5110 5116 3112 5108 5104 5700 5800 5813 ,� ✓° 3808 58TOSTW 3811 5817 r^ 5812 5121 5177 5117 5709 5105 5101 5809 876 5821 5816 - - 11 5120 5}16 3172 5108 5104 3100 5813 5825 5810 ` 8 / 3208 3204 5700 5829 i 5212 B MAV£ 5024 5117 5715 3109 3105 5101 'N 5203 1 5207 3717 9828 5833 5012 5008 j 5200 � 5871 5904 $110 5115 6112 3108 24 8 5a2s 5077 5900 5907 a Tingaalo parF 5908 3829 5905 x O 59114 ST LY 5972 5125 5121 3177 5109 5105 5900 5904 3901 59119 SSS x 5916 5905 5908 Y m y b 5212 3106 5264 5700 5124 5710 3116 5172 STOB 3104 5100 5044 5040 5036 5020 5911 5917 5004 6000 6001 6000 7001 ezrti sr w 6001 4876 8007 6000 5015 5071 5017 5013 5009 5005 5201 6004 6005 600# 6075 as.-me.t.m n.sas Cm.-V�:c::ccacu vn 6015 2d !%n. 4900 A,l 9 1t-41 PID: 3311721310073 � r ° 5809 Tingdale Ave 4 Edina, MN 55436 `� ��LLrir •ri.'LY 1111 ji1 f� a r !r City of Edina _ y r, 1 !. , ��'a P 1 ,- j r.r 1• f .,y Legend Surrounding House Number labels /...: P .r. House Number Labels t5' - LJ Street Name Labels City Llmils Creek. Lake Names nLakes + ` D Parks ElParcels r Ilk 2009 Aerial Photo iM k FFF- -- w2a eel JdM_ PID, 3311721310073 5809 Tingdale Ave Q IC41 i'? Q tia �t. Edina, MN 55436 W - l�IIIJI' r !r City of Edina w,fsyj„ i f a I w IK fs !`�►� l r' Iv� r 1 L S � w* � l020 � ♦+i` . I PID: 3311721310073 I 5809 Tingdale Ave Edina, MN 55436 A3 Legend Surrouriding House Number Labels Heuse Number Labels Street Name Labels N City Umits �f Creeks Lake Names O Lakes ❑ Parks Parcels 2909 Aerial Photo 0 0(f) rz- C7 D 1-4 n FrTII 0 0 m m m D z 0 C Cf7 --1 O r r m z m --, O TINGDAL E A. 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A VE EDEN PRAIRIE,MN 55344 FRANK R. ARDARELLE R G. N0. 6508 952- 941 -3031 Li 30 60 90 LE IN FEET = OVERHEAD UTILITY LINE N 89 °54' W ; E �/� /' � N 65 2� 30 � 120.0 EXISTING HOUSE I � 0 � �nS��u6 LOTS Lo 13.4 f Z� 8.5 G W N 0 o° _o �Z :........ r0r^ 'V IN FEET OVERHEAD UTILITY LINE N 89 °54' W o'' E 3 "0,2� N 65 � 120.0 EXISTING HOUSE I �? 0 h 0 N 13.4 a Z� 8.5 G W N 0 o° _o otopisca 0 Lori Al OF- sso1 Ti VVI,I,,It A7 J M, To: MAYOR & COUNCIL From: Debra Mangen City Clerk Date: February 19, 2013 Subject: Reappointments Human Rights & Relations Commission Action Requested: DI Ce o Agenda Item #: IV. O. Action Discussion ❑ Information ❑ Adopt a motion reappointing Steven Winnick and John Cashmore to the Human Rights and Relations Commission for three year terms ending February 1, 2016. Information / Background: Steven Winnick and John Cashmore have indicated an interest in being reappointed to their positions on the Human Rights and Relations Commission. City of Edina • 4801 W. 501h St • Edina, MN 55424 ow e�, Cn • I�roRPORA��O/ �eee AGENDA ITEM V. A. John Gunyou, Three Rivers Park District [-I No packet data Oral presentation F1 Information coming ow e �ti, rn \�CORPOR%`O� 18130 AGENDA ITEM V. Ba Gregory Banko -& Jason Dockter South View Middle School Cultural Celebration on 3 -21 -13 No packet data Oral presentation Information coming PIP 01 Cn \roRPOPA��9� lase AGENDA ITEM V. C. Chad Leqve & John Bergman Edina NOC Membership F] No packet data M Oral presentation [—] Information coming r Minneapolis /St. Paul International Airport (MSP) Noise Oversight Committee (NOC) 2013 MSP NOC WORK PLAN 1. RESIDENTIAL NOISE MITIGATION PROGRAM a. Review Residential Noise Mitigation Program Implementation Status 2. MSP NOISE PROGRAM SPECIFIC EFFORTS a. 2012 Actual Noise Contour Report b. Annual Scheduled Nighttime Operations Assessment c. Review MSP Performance -Based Navigation (PBN) Procedure Implementation d. Development of Monthly Reports to Assess Future PBN Operations at MSP e. Review of Aircraft Fleet Mix Trends at MSP f. Nighttime Runway Use Analysis g. Review Status of FAA Center of Excellence /PARTNER, TRB and FICAN Initiatives h. Continue Review of Runway 35 River Visual Approach Procedure i. NextGen Overview and Implementation Update j. Review HESTN and SLAYR RNAV SID Implementation k. Development and Implementation of Enhanced Flight Track Density Analysis Capabilities I. Consider City of Edina NOC Membership Request 3. CONTINUE REVIEW OF PUBLIC INPUT a. Continue to Review Input Received from the Public Input Meetings as Possible Agenda Items >4 v , C I•. O To: Mayor & City Council Agenda Item #: A. A. From: Joyce Repya, Senior Planner Action Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Public Hearing — 2013 Community Development Block Grant, Resolution No. 2013- 19. Action Requested: Approve recommended 2013 CDBG budget for submission to Hennepin County Information / Background: The CDBG Community Development Block Grant Program is a federal entitlement program administered by HUD who in turn, charges Hennepin County to oversee the distribution of funds to its communities. These funds are to be directed toward the improvement of housing opportunities and providing a suitable living environment for persons with low and moderate incomes. As a recipient of HUD funds, the County, and each community must affirmatively further fair housing. Hennepin County encourages all communities to be proactive by addressing impediments to fair housing choices. The use of CDBG funds to address local needs must be consistent with priorities identified in the Consolidated Plan for affordable housing, community development and human services. HUD mandates that no more than 15% of the city's budget may be directed toward funding public service agencies with the remaining 85% addressing community development needs. Edina's preliminary 2013 . budget allotment for planning purposes is $110,285, the 2012 approved budget amount. Once HUD establishes the 2013 CDBG budget later this spring Hennepin County and its respective cities will be notified of any changes to the allotments. If a change in the budget occurs, the accompanying Resolution provides for Edina's final 2013 CDBG budget to be readjusted without coming back to the City Council... The following agencies requesting 2013 CDBG funds are those which the City has supported for many years: Public Services — 15% of total ($110,285) budget = $ 1 6,543 • Senior Community Services (H.O.M.E. — Household and Outside Maintenance for the Elderly) — The mission of H.O.M.E. is to assist older adults to maintain their dignity and live independently by providing accessible, reliable, and affordable homemaker, home maintenance and chore services. • Community Action Partnership for Suburban Hennepin (CAPSH) - Provides fulkcycle homeownership services to include foreclosure prevention, first time homebuyer education, reverse mortgage counseling, home repair and maintenance, energy assistance, free legal services and tax preparation, employment counseling and financial /budget counseling. REPORT / RECOMMENDATION Page-2 • HOME Line — Provides tenant advocacy services for Edina renters with a Tenant Hotline offering free legal advice to tenants about landlord /tenant law. The proposed 2013 budget reflects the funds distributed to each agency in 2012. PROVIDER 2012 2013 2013 BUDGET BUDGET REQUEST PROPOSED H.O.M.E. $ 9,618 $ 9,6'18 $ 9,618 C.A.P.S.H. $ 4,700 $ 5,660 $ 4,760 HOME Line $ 2,225 $ 3,605 $ 2,225 TOTAL $16,543 $18,223 $1.60543 Community Development — 85 % of total ($11101285) budget = $93,742 After the $16,543 distribution for public services, $93,742 remains to be directed toward community development projects. Staff recommends directing $41,491 of these funds to the Rehabilitation of Private Property program which provides deferred repayment loans of up to $30,000 to make structural improvements to owner occupied single- family homes. Eligibility for the program is based on a household income schedule established by HUD for the Minneapolis /St. Paul area. The income limits may not exceed 80% of the median. household income (for FY 2013 a 4 person household = $64,400).. Hennepin County facilitates this program and reports that there are currently 5 households receiving rehabilitation assistance, and 3 households on a waiting list. Staff anticipates that the program will continue to attract income eligible homeowners interested in improving and maintaining heir homes. The remaining $52,251 of the community development funds are recommended to be distributed to West Hennepin Affordable Housing Land Trust (WHAHLT) for their Homes Within Reach program —. to provide . an affordable homeownership opportunity using the Community Land Trust model for one income eligible homebuyer. The Community Land Trust model removes the market value of the land from the mortgage equation, thus reducing the cost of a home for a work -force family by approximately 35 -42 percent; making it more affordable than houses on the open real estate market. WHAHLT owns the land and the homeowner owns the home. A Ground Lease signed by both parties defines and secures the roles and responsibilities of both WHAHLT and the homeowner, including,'but not.limited to a "resale /recapture provision, and long -term rights and use of the land. One of the strategies identified in the Housing element of the Comprehensive Plan calls for the City's commitment to fund and expand its financial and technical support of community land trusts. Attesting to this goal, since 2007, the City has provided $639,128 in CDBG assistance to WHAHLT - assisting in the purchase, rehabilitation and resale of eight Edina homes to income eligible buyers. Moving forward, the proposed $52,251 is.to be directed toward assisting WHAHLT to purchase another land trust home, reinforcing the City's commitment to providing and securing affordable housing in the community. Staff recommends the following distribution of 2013 CDBG funds for community development purposes: ACTIVITY 2012 2013 BUDGET PROPOSED Rehab. Of Private Property $ 41,491 $ 41,491 WHAHLT $ 52,251 $ 52,521 TOTAL $ 93,742 $93,742 REPORT / RECOMMENDATION Page 3 Over the past year, a concerted effort has been made to advertise the availability of the aforementioned programs as well as other resources available to Edina residents through the City of Edina's website, "About Town" magazine, as well as programs aired on Edina's Channel 16. ATTACHMENTS: *Resolution 2013 -19 *Hennepin County PRELIMINARY 2013 CDBG Allocation *2008 — 2013 CDBG Budget Breakdown *Requesting Agencies Funding Requests RESOLUTION NO. 2013 -19 APPROVING PROPOSED USE OF 2013 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH HENNENPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the city of Edina, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the city of Edina has developed a proposal for the use of 2013 Urban Hennepin County Community Development Block Grant funds made available to it; and WHEREAS, the city held a public hearing on February 19, 2013 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $110,285 from the 2013 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of the City of Edina approves the following projects for funding from the 2013 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget Rehabilitation of Private Property $41,491 Homes Within Reach — Affordable Housing $52,251 Senior Community Services (HOME) $9,618 Community Action Partnership for Suburban Hennepin (CAPSH) $ 4,700 HOME Line $ 2,225 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2013 Community Development Block Grant Program. BE IT FURTHER RESOLVED, that should the final amount of FY2013 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager /Administrator to adjust project budget(s) to reflect an increase or decrease in funding. Dated: February 19, 2013 CITY OF EDINA 4801 West 50th Street . Edina, Minnesota 55424 www.EdinaMN.gov . 952 - 927 -8861 . Fax 952 - 826 -0389 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 19, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ Hennepin County PRELIMINARY 2013 CDBG Allocation Community 2013 Preliminary Allocation Brooklyn Center $211,641 Brooklyn Park $422,556 Crystal $93,846 Edina $110,285 Hopkins $98,953 Maple Grove $118,462 New Hoe $118,505 Richfield $178,369 St. Louis Park $173,258 Subtotal $1,525,875 Consolidated Pool $399,090 Community Allocation Total 1,924,965 Hennepin County Administration 286,600 County Entitlement Total 2,211,665 TATRE \41HOUSING DEVELOPEMENT\CDBG \CDBG 201312013 Prelim Alloc cities & Conpool.xlsx CDBG BUDGET 2008-2013 Page 1 PROPOSED 2008 2009 2010 2011 2012 2013 CDBG BUDGET $158,956 ( -4.5 %) $161,303 ( +1.5 %) $173,786 ( +7.7 %) $145,365 (- 16.1 %) $110,285 (- 24.1 %) $110,285 Public Service: 15% $23,843 $23,843 $26,067 $21,805 $16,543 $16,543 Sr. Comm. Services - H.O.M.E. $12,803 $12,803 $171789 $14,880 $9,618 $9,618 CAPSH $3,505 $3,505 $5,624 $4,700 $4,700 $4,700 HOME Line $988 $2,030 $2,654 $2,225 $2,225 $2,225 JVS Career Development $5,505 $5,505 Edina School Readiness $7,494 Community Development: 85% $135,113 $137,460 $147,719 $123,560 $93,742 $93,742 Rehab of Private Property $53,113 $55,460 $65,719 $55,214 $41,891 $41,491 Affordable Housing WHAHLT $82,000 $82,000 $82,000 $68,869 $52,251 $52,251 Page 1 Executi4e Committee Woody Love President Dr. Chinyere (Ike) Njaka I" Vice President Cheryl Fischer 2nd Vice President Dennis Kueng Secretary Thad Standley Treasurer Terri Urbanlak Executive Member -at -Large Beth Falkenberg Executive Member -at -Large Jim Crist Executive Committee Past President Board of Directors Matt Bochnlcek Sharon Burnham David Fisher Rochelle 6111 Marvin Johnson Laurie Lafontaine John Lawson Cathy Medich Jeanette Metz Senator Gen Olson Keith Stuessl Bruce Thiel Walter White Gene Winstead Benjamin F. Withhart Executive Director & CEO. Programs "Caregiver Support Services 'Community Senior Centers 'Health Insurance Counseling 'H.O.M.E. *Senior Outreach "Senior. Partners Care Community Partner enyluo: MEETS STAND./ . DS a .111. =•�<�9 'Member Eldercare Partners` January 18, 2013 Joyce Repya Associate Planner City of Edina 4801 West 50th Street Edina, MN 55424 Dear Joyce, Thank you for the opportunity to submit a CDBG application to the City of Edina for $9,618. The H.O.M.E. program's operating budget for the City of Edina is $26,000. The Edina Housing Foundation has partnered with the H.O.M.E. program in the past to make up the difference in our operating budget for the city. Thank you for your consideration of our CDBG application to support Senior Community Services' H.O.M.E. program. Senior Community Services, now in its 63nd year, is a champion of well -being and independent living for older adults and their caregivers. With the help of thousands of volunteers and dozens of organizational partners, we are making a measureable difference in the quality of life for seniors Please let me know if you would like more Information or to make a site visit. With the support of the City of Edina, the H.O.M.E. program will continue to reach out to Edina seniors with the homemaking, home maintenance and chore support they need to stay in their own homes and in their own communities. Sincerely, Deb Taylor Chief Operating Officer Senior Community Services, 10709 Wayzata Boulevard, # 111, Minnetonka, MN 55305, 952 -541 -1019 http : / /www.seniorcommunity.org 2013 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Edina 2. Project Name: H.O.M.E. (Household & Outside Maintenance for Elderly) a program of Senior Community Services 3. Primary Contact Person/ Phone No./Email Deb Taylor /952 -541 -1019 x317/ d.taylor@seniorcommunity.org B. PROJECT DATA CDBG Funding Requested $9,618 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ®Yes ❑No 3. Project Location: Address or Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) The Household & Outside Maintenance for Elderly program known as H.O.M.E. is operated by Senior Community Services (SCS), a well- respected Minnesota non - profit 501(c)(3) organization, now in its 63rd year. The mission of H.O.M.E. is to assist older adults to maintain their dignity and live independently by providing accessible; reliable, and affordable homemaker, home maintenance and chore services. Provided on a sliding fee scale, services include: 1) homemaking — housecleaning, laundry, and grocery shopping; 2) home maintenance, including interior /exterior painting, minor home repairs, minor carpentry, and installing safety grab bars; and, 3) chore services, consisting of lawn mowing, snow removal, raking, yard cleanup, and window washing. H.O.M.E. has been serving the community since 1980. These services help seniors stay in their homes and apartments in dignity and safety. H.O.M.E. services meet seniors' special needs because H.O.M.E. is a trusted provider and because our services 1 are available on a fair and affordable sliding fee scale, while at the same time, preserving Edina's housing stock. Volunteers are integral to the success of this program; extending the services far beyond what the professional staff alone could provide. Senior Community Services has an extensive and well established volunteer recruitment and training program. Use of trained volunteers keeps program costs down and provides opportunity for community engagement and civic pride. Participation in the H.O.M.E. program assures access to additional resources and services that would benefit the older adult. Additional services are provided in a seamless manner, consistent with our Mission, as part of our comprehensive approach to helping older adults live independently in their own homes. We seek partnership with the city of Edina again in 2013/14 to support Edina seniors in need through sliding fee access to Senior Community Services' H.O.M.E. program. This continued partnership will not only enable low to middle income older adults in the community to access reliable and affordable homemaking, home maintenance and chore services by providing a sliding fee scale, it will help keep residents in their homes and communities, leverage additional resources to support residents and foster a positive sense of community. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priorities Use X to indicate Rental Housing Existing Housing (Rehabilitation) First Time Homeownership Homelessness Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services 1! 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc Description 2012 Projected 2013 Edina Residents, age 60+ 73 80 Jobs 760 832 Hours 2,237 1 2,448 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2013 and ends December 31, 2014.) Task: Homemaking, Home Maintenance and Painting Date: Ongoing — Year Around Task: Mowing and Snow Removal Date: Mowing in the summer and snow removal in the winter Task: Yard Cleanup (raking, weeding, trimming, etc.) Date: Spring and Fall 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT 2013 CDBG $79,313 Prior Year CDBG Funding (2012 only) $ Other Federal Funds (specify) Title III & $125,102 HRA Low Income Housing Tax Credits $ State (specify) $ Municipal $27,052 Metropolitan Council $ Private (specify) Fee for Service $290,000 Other (specify) United Way, Grants & $143,300 Donations Project Total $664,767 Prior Year CDBG funding (for this project) from the city of Edina was $9,618 3 Helping People. Changing Lives. community P A R T N E R S H I P eAUor OF SUBURBAN HENNEPIN AMERICA's POVERTY FIGHTING NETWORK Energy Assistance January 22, 2012 Homebuyer Education Foreclosure Prevention City of Edina Reverse Mortgage Community Development Department Home Maintenance & Rehab 4801 W. 50'h Street Edina, MN 55424 Homeless Services Employment Counseling Attn: Joyce Repya, Senior Planner Financial Counseling Planning & Development RE: Community Action Partnership of Suburban Hennepin 2013 Application for CDBG Funding Community Development Tax Assistance Dear Ms. Repya: Voter Education & Registration Asset Development Community Action Partnership of Suburban Hennepin ( CAPSH) is pleased to submit its 2013 CDBG Public Service Funding request to the City of Edina. We are requesting $5,000 for the purpose of funding the CAPSH Full -Cycle Home Ownership Program. CAPSH, as the anti - poverty Community Action agency serving Suburban Hennepin County, has provided residents of Edina with services for over 20 years. CAPSH services to Edina include: full -cycle homeownership, energy assistance, free legal services and tax preparation, employment counseling and financial/budget counseling. We look forward to continuing to partner with the city of Edina and its surrounding communities to ensure access to housing services for low to moderate - income households. If you have any questions, or need additional information, please do not hesitate to contact me at 952- 697 -1395, or Marcy Harris, Director of Planning, Development and Legal Services, 952- 697 -1325, mhanis @capsh.org. 8800 Highway 7, Suite 401 Sincerely, St Louts Park, Tel 952- 69 7-1300 69- 1300w� Fax 952 - 933 -8016 Carol Watson Community Developer 952- 697 -1325 cwatson @capsh.org 000 wft° End: Our mission: To improve the quality of life in suburban Hennepin County by creating and supporting links between individuals and communities through: service, education, and collaboration. 2013 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Edina 2. Project Name: Community Action Partnership of Suburban Hennepin ( CAPSH) Full - Cycle Home Ownership Program Primary Contact Person/ Phone No. /Email: Marcy Harris, Director of Planning, Development and Legal Services, 952- 697 -1325; mharris @capsh.org B. PROJECT DATA CDBG Funding Requested $ $5,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? XYes FINo Project Location: Address or Citywide X City of Edina and the rest of Suburban Hennepin County 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) CAPSH is requesting CDBG funds to continue partnering with the City of Edina to assure that access to affordable and safe housing and services is attainable to low- and moderate - income households in Edina. CAPSH's Full Cycle Home Ownership Programs provided direct services to a total of 4,655 households in all of suburban Hennepin County in 2012. In the City of Edina a total of thirty -nine households enrolled in CAPSH'S Full Cycle Home Ownership education and counseling direct programs during program year 2012. The numbers served and projected to be served by individual services are detailed in Section 5. CAPSH's foreclosure prevention counselors continue to receive a high number of requests for assistance; other CAPSH Full -Cycle Home Ownership services have seen an overall increase in demand (e.g. first -time homebuyer education and counseling). Residents completing these programs are receiving budget counseling and assistance that help them make smart home - buying choices. CAPSH's programs enable Edina's residents to maintain or obtain safe, affordable housing. 01 CAPSH, as the only certified Foreclosure Prevention Counseling program for suburban Hennepin County, will provide services through its housing programs detailed below. Housing programs include Foreclosure Prevention, First Time Homebuyer Education and Counseling, Reverse Mortgage Counseling and Home Repair and Maintenance. All the CAPSH Full -Cycle Home Ownership Program services listed below maintain client information in the CounselorMax web -based data - collection system which records clients' demographic information in addition to case notes and activities undertaken by counselors and clients. All clients receive data privacy information and are required to provide sufficient financial information to determine eligibility for services, particularly CDBG- funded services. Foreclosure Prevention: through its certified program and certified counselors CAPSH will provide foreclosure prevention counseling to Edina residents in danger of losing their homes due to delinquency. Our counselors work directly with clients to resolve their housing needs in a manner best suited to their financial status and other needs. • Our foreclosure counseling program provides advocacy, referrals to additional resource and other assistance to families at risk of losing their homes. • Significant counseling time is devoted to reviewing clients' financial . situations to evaluate if they are able to maintain their current housing in the long run. • Counselors work directly with clients and their lenders to renegotiate mortgage terms that allow clients to stay in their homes when feasible. • Foreclosure prevention counselors work with lenders to negotiate mortgage modifications, refinancing, short sales and other means of resolving the homeowner's housing crisis. • Counselors are available to work with clients from initial stages of facing foreclosure through sheriff's sales (and even provide counseling up to eviction following the redemption period). Homebuyer Education: CAPSH provides First -Time Homebuyer workshops using the "Homestretch" curriculum developed by the Minnesota Homeownership Center. Workshops are offered at multiple locations throughout suburban Hennepin County in order to make them easily accessible. Workshops are offered in multiple- session evening classes or single- session workshops. Participants review budget and financial considerations, what things to look for when purchasing, and options for financing. A session is included that addresses home maintenance issues new buyers should be aware of. • Homebuyer workshops total 8 hours, after which time the clients receive certificates of completion. Many lenders now require that first -time homebuyers complete the workshop to ensure they understand the lending process and their financial obligations. E WA Homebuyer Counseling: once participants have completed the Homestretch workshop they are eligible for individual counseling at CAPSH. • The counselor examines a client's financial status in more detail, and works with them to make the clients mortgage- ready. • CAPSH has found that counseling is often delayed until some months following workshop completion to allow clients time to work on improving their credit. • Clients meet with the counselor in 45 minute — 2 hour increments depending on their circumstances. Reverse Mortgage: CAPSH provides this service to eligible clients (one spouse must be at least 62 years old and meet financial eligibility requirements) in the form of free, in- person counseling. • The Reverse Mortgage counselor meets with seniors interested in the program to discuss with them the nature and requirements of a reverse mortgage, available options, and provide information about how to work with lenders. • CAPSH does not endorse taking a reverse mortgage, nor does it endorse particular lenders or products. • CAPSH is one of the few, if not the only, counseling agency that requires in- person counseling as part of this service (to better gauge whether clients understand the requirements of the program). Home Repair and Maintenance: the Home Rehab counselor works with low - income clients in need of basic home repairs or maintenance in order to keep their homes habitable. • Counselor provides advice about what types of repairs are necessary, how to obtain suitable contractors, and how to obtain financial assistance, particularly through municipal programs.. • In some instances, working in conjunction with city housing authorities, the CAPSH counselor may review the work after it has been completed, and certifies its appropriate completion to the city. • This is a much - needed service for low- income homeowners who may not be able to determine on their own the repair work needed, or how to pick out a legitimate contractor. CAPSH is committed to continue delivering and expanding these services to help low- to moderate - income Edina residents gain financial security by providing the following: • An understanding of the home buying process that helps them achieve sustainable home ownership • Tools that enable them to make informed, fiscally sound decisions about purchasing a home, protecting their investments and maintaining stable, healthy, safe, and livable housing. • The knowledge and tools needed to keep them in safe, affordable housing and avoid foreclosure or vacant properties. 3 4. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priorities Use X to indicate Rental Housing Home Repair & Maintenance Housing Rehabilitation X -Existing First Time Homeownership X Homelessness X Needs Housing 10 -Special Public Service X Nei hborhood Revitalization Foreclosure Prevention —Transportation Services 31 Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) CAPSH's Full Cycle Home Ownership Programs provided direct services to a total of 4,655 households through its Full -Cycle Home Ownership Programs in all of suburban Hennepin County in 2012. In the City of Edina a total of thirty-nine households enrolled in CAPSH'S housing programs during the year 2012. Program # Served in FY 2012 # Proposed: FY 2013 Home Repair & Maintenance 1 3 Reverse Mortgage 3 2 Homebu er Education 4 10 Homebu er Counseling 0 3 Foreclosure Prevention 31 31 6. Implementation Schedule: (Identify majorproject tasks to occur during /within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2013 and ends December 31, 2014.) CAPSH Home Ownership Services tasks /activities are ongoing, encompassing Home Ownership workshops, one -on -one counseling, foreclosure prevention counseling and attorney referrals. Foreclosure attorneys and lenders are required to send the contact information on pre - foreclosure clients to CAPSH. In 2012 (January 1 through December 31) CAPSH received 182 referral letters from attorneys for Edina residents facing foreclosure. Our counselors follow up with letters to the homeowners with a description 4 of our Foreclosure Prevention Counseling program and an offer of our free counseling services. Beginning January 2013 CAPSH began offering on -site Full -Cycle Home Ownership Program outreach twice weekly at the Hennepin County Northwest Service Hub in Brooklyn Park. In addition, CAPSH makes available information on our Full -Cycle Home Ownership Program through digital advertising on monitors at Hennepin County Service Centers and in- person at our numerous outreach events throughout suburban Hennepin County for Energy Assistance, SNAP (Food Support), and our Legal Services Clinics. Our Outreach Team also attends numerous Community- sponsored events throughout suburban Hennepin County. Tax Preparation and Legal Services clinics are scheduled throughout suburban Hennepin County and are open to provide services to all low- income residents. Our Energy Assistance program is another significant program that provides critical financial support to eligible low- income individuals and families Task: Education & Counseling Date: Ongoing Task: FP Counseling Date: Ongoing Task: Rehab/Maintenance Education/Counseling Date: Ongoing Task: Reverse Mortgage Counseling Date: Ongoing Task: Reporting Date: Ongoing Person Responsible Amount/Source Task Date Scott Zemke, Dir. $5,000 Edina Ongoing full cycle Home Ownership services 7/1/2013 to of Operations CDBG including: 6/30/2014 First -time homebuyer workshops and Marcy Harris, counseling (financial literacy training also Dir., Planning & provided) ev. Foreclosure prevention counseling & loan ssistance Rehab/ home maintenance counseling and education (includes some emergency repair) Reverse mortgage counseling Reporting Completion Date Ongoing 9 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT 2013 - CDBG Edina $5,000 Prior Year CDBG Funding (2012 only) $4,700 Other Federal Funds — HUD, NFMC, CSBG $356,837 Low Income Housing Tax Credits $0 State — MHFA, MGAG $302,195 County — Hennepin Coounty MFPP 155,010 Municipal - Various CDBG including pass- $90,475 through & program admin, less Edina funding Metropolitan Council $0 Private (specify) $48,000 Other (specify) $12,850 Project Total $975,067 R HOME 3455 Bloomington Ave Minneapolis, MN 55407 Joyce Repya Associate Planner City of Edina 4801 West 50th Street Edina, MN 55424 Dear Ms. Repya: Office Phone: 612/728 -5770 Hotline: 612/728 -576' Fax: 612/728 -576 www.homelinemn.org January 15, 2013 This letter is to request funding in the amount of $3,605 from the City of Edina's Community Development Block Grant Program to support HOME Line's services for renters. A copy of the 2013 CDBG Program Request for Funding is enclosed. Along with the CDBG Request Form, I am enclosing summaries of our hotline's service to Edina residents. In 2012, HOME Line's Tenant Hotline served 96 Edina families, prevented an estimated 6 evictions, and saved Edina residents an estimated $12,275. HOME Line is working to meet the current challenges facing low- income renters and would like the City of Edina to continue as our partner in meeting these needs. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612/728 -5770, extension 107 or Mike Vraa, our managing attorney at extension 113. Sincerely, J. d Beth Kodluboy Executive Director enclosures as noted Tenant Advocacy in Minnesota HOME Line's Tenant Hotline in Edina: 2012 Overview In 2012, 96 Edina renter households contacted HOME Line for Tenant Hotline Services. This represents service to approximately 240 residents when all family members have been counted. The cost to serve Edina in 2013 is $3,605. HIGHLIGHTS In 2012, HOME Line helped renters from Edina: • Recover and/or save an estimated $12,275. • Prevent an estimated 6 evictions. • Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. • In landlord foreclosure, the average amount of days stayed after the sheriff's sale by renters we have helped is 180 days, and the amount of money saved by renters in landlord foreclosure is $1,187 in 2012. INCOME BREAKDOWN Top Ten Reasons For Calls (2012) 1. Repairs 23 2. Break Lease 12 3. Security Deposit 11 4. Eviction 9 5 Rent Increase 5 6. Neighbors 5 7. Notice to Vacate 5 8. Leases 4 9. Privacy /Intrusion 4 10. Infestation /Bed Bugs 2 The vast majority (81 %) of these callers are extremely - low, very -low or low- income. These income categories Callers' Income 2012 are those used by the U. S. Department of H. U. D.: • Extremely Low: Incomes below 30% of metro Very Low median. Low 26% 25% • Very Low: Incomes between 30% and 50% of metro median ode I • Low: Incomes between 50% and 80% of metro Extremely ow o0 L median. 30% • Moderate: Incomes above 80% of metro median. RACIAL BREAKDOWN 76% Caucasian 11 % African American .11% Asian 3% Hispanic GENDER BREAKDOWN 71 % Female 29% Male 2013 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. Community: Edina 2. Project Name: HOME Line's Tenant Advocacy Services 3. Contact Person/Phone Number /email Mike Vraa, 612 728 -5770 x 113, mikev @homelinemn.org B. PROJECT DATA Funding Request $ 3,605 is the amount HOME Line is requesting from Edina to pay for the Tenant Hotline Services. Is this request to fund an existing CDBG - FUNDED project? x Yes No 3. Project Location: Address: 3455 Bloomington Avenue, Minneapolis. 55407. HOME Line's tenant services are citywide. Tenants call our free hotline from their homes or email one of our staff attorneys directly through our website. 4. Project Description: Briefly describe the proposed project. The narrative should include the need or problem to be addressed in relation to the Consolidated Plan (see attached table), as well as the population to be served or the area to benefit. Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives, method of approach, implementation schedule and anticipated results /accomplishments. We anticipate assisting approximately 100 Edina renter households over the hotline during the program year. Renters make up nearly 4,677 households in Edina, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions ,that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord /tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. The Tenant Hotline began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state (excluding Minneapolis) and have recently taken our 148,000th call. Four staff attorneys and a tenant advocate work full time on the hotline along with 75 -100 law student volunteers each year. 96 Edina renter households called in 2012. In 2012, we helped to prevent an estimated 6 evictions of Edina families. The most common reasons Edina residents call our hotline are repairs, break lease questions, security deposits and evictions. The need for this service in Edina is apparent -- .Edina residents already rely on this valuable service. While our services are available to all renters free of charge, 81 % of our Edina callers have low incomes; almost three quarters (71%) of these callers are women; 25% are racial minorities. Our programs are aimed at low- income renters. We identify the key demographics at the beginning of each call. 5. Consolidated Plan Priorities: Public Services: Family Services, Senior Services, and Youth Services. AMOUNT FUNDING SOURCES AMOUNT CDBG 72,647 Prior Year CDBG Funding (for this project) 69,121 Other Federal Funds (specify) 150,000 Low Income Housing Tax Credits 0 State (specify) MN DHS 15,000 Municipal 18,456 Metropolitan Council 0 Private (specify) Foundations (attached) 126,000 Other (Training, Interest, Contributions) 61,300 Total 512,524 6. Describe anticipated results /accomplishments projects will have. (i.e.; number of persons/households to be assisted /served, number of housing units to be rehabilitated /built, etc.) We anticipate between 95 and 100 callers utilizing our hotline services, representing 250 residents. Also see the attached page, which covers what HOME Line has accomplished in Edina in 2012. 7. Implementation Schedule: (Identify major project tasks to occur and date anticipated) Task: Tenant Hotline Date Ongoing 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG 72,647 Prior Year CDBG Funding (for this 69,121 project) Other Federal Funds (specify) 150,000 Low Income Housing Tax Credits 0 State (specify) MN DHS 15,000 Municipal 18,456 Metropolitan Council 0 POHomes Rekh- Trans f o r m i ng January 22, 2013 Joyce Repya City of Edina 4801 West 50th Street Edina, Minnesota 55424 -1394 Dear Joyce; lives through home ownership Thank you for the opportunity to submit the West Hennepin Affordable Housing Land Trust (WHAHLT), dba Homes Within Reach (HWR), 2013 Edina CDBG application. The application consists of the fillable form provided by you and four exhibits and a PDF of our Annual Report, completed in November 2012. They include - • Exhibit 1 - HWR Project Description • Exhibit 2 - Community Land Trust and How it Works • Exhibit 3 - Equity Resale Provisions • Exhibit 4 - Project /Site Information Timeline WHAHLT is seeking financial support from the City of Edina to accompany other matching funding sources to create another affordable home in the Edina community using the Community Land Trust practice. This application will enable HWR to continue creating and preserving affordable homeownership in Edina using the community land trust practice, which allows homeownership to be affordable for low /moderate income work -force families. We appreciate the support the City of Edina has provided to those we serve in Edina. We look forward to continuing our partnership in addressing the needs of affordable ownership housing. Thank you for taking the time to review and consider our proposal. If you have any questions, please feel free to contact me at (952) 401 -7071. Sincerely, ( &a Janet A. Lindbo Executive Director West Hennepin Affordable Housing Land Trust 952- 401 -7071 tel info @HomesWithinReach.org C 5101 Thimsen Avenue, Suite 202, Minnetonka, MN 55345 952. 224 -2857 fax i Private (specify) Foundations (attached) 126,000 Other (Training, Interest, Contributions) 61,300 Total.- ----- - - - - -- ------ - - - - -- - - - -- 512,524 Additional Funding sources Amount Greater Minnesota Housing Fund 29,000 Hugh ]. Andersen Foundation 9,000 McKnight Foundation 75,000 Minnesota State Bar Foundation 1,000 Ramsey County Bar Foundation 2,000 Minnesota Housing Finance Agency 10,000 Family Housing Fund 10,000 Family Homeless Prevention & Assistance Program 22,500 Hennepin County 35,000 DHS Prison Grant 5,000 TRN grant (HUD) 150,000 Bloomington Health & Human Services Grant 7,958 Brooklyn Center CDBG 6,051 Brooklyn Park CDBG 7,000 Crystal 1,000 Eden Prairie 5,000 Edina CDBG 2,225 Hennepin County Consolidated Pool CDBG 8,227 Maple Grove CDBG 3,000 Minnetonka CDBG 3,213 New Hope CDBG 2,038 Plymouth CDBG 6,210 Ramsey County CDBG 22,488 Richfield CDBG 5,364 St. Paul COPP 4,016 Community Shares 3,000 Contributions 15,000 Hotline Training 22,500 Tenant Rights Book 3,000 Interest Income 200 Miscellaneous Income (Health Care Credit) 1,600 Other (Attorney Fees, etc.) 15,000 Total Income 492,588 .1% 2013 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION City: taiga 2. Project Name: West Hennepin Affordable Housing Land Trust (W ) HAHL dba Homes Within Reach (HWR) -- -- 3. Primary Contact Person/ Phone- No./Email _ anet A. Lindboz952- 401 - 7071, jlindb homeswithinreach.o� B. PROJECT DATA 1. CDBG Funding Requested $_52,251_; (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ❑Yds ®No 4. Project Location: Address or Citywide ____ A specific property address has not yet been determined. Once funding is finalized, HWR will search for property to acquire based on purchase price, condition of property, location matching contributions and applicants' need as s e have done with the pastprojects we have completed to date in Edina applying DBG monies: - - - - -- - - - - -- - -- — ^- - - -- — _ 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) lease see Exhibit 1 forproject detail! 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priorities Use X to indicate Rental Housing Existing Housing (Rehabilitation) X First Time Homeownership X Homelessness Special Needs Housing Public Service Neighborhood Revitalization Transportation Services 1 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The Community Land Trust practice, used by HWR in creating affordable Lomeowership offers long -term affordability for the home because it provides multiple families an affordable home in the city of Edina through its resale !requirements; typically assisting six to ten families over the course of the 99 year lease. In addition, please see Exhibit 1, outlining project details and values and benefits io the city of Edina in partnering with Homes Within Reach_ in creating and sustaining affordable homeownership. 7. Implementation Schedule: (Identify major project tasks to occur during /within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2013 and ends December 31, 2014.) Task: Date Task: Date Task: Date Please refer to Exhibit 4, which highlights key tasks and objectives of the development, rehab and selling processes creating an affordable home using the Community Land Trust practice. This timeline is based on HWR experience., 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT 2013 CDBG $52,251 Prior Year CDBG Funding (2012 only) $ Other Federal Funds (specify) HOME $55,000 Low Income Housing Tax Credits $ State (Minnesota Housing) $35,000 Municipal $ Metropolitan Council $ Private (specify) $ Other (AHIF) $25,000 Project Total $167,251 Exhibit 1 2013 Edina CDBG Application Exhibit 1: HWR Proiect Description Response to questions 4, 6, & 7 in the CDBG application REOUEST: West Hennepin Affordable Housing Land Trust (WHAHLT) dba Homes Within Reach (HWR), a non- profit corporation is seeking a mininum CDBG grant of $52,251 to assist in creating and preserving an affordable home using the Community Land Trust practice, for work -force households (50 % -80% of the area median income) in the City of Edina. INTRODUCTION: The West Hennepin Affordable Housing Land Trust (WHAHLT) dba Homes Within Reach (HWR) is a Community Land Trust, creating long -term affordable homeownership for workforce families in the western suburban communities in Hennepin County; thereby enhancing community vitality by working in partnership with public agencies and private organizations in addressing the need for affordable homeownership. HWR has served eleven (11) communities in western Hennepin County including the City of Edina. • West Hennepin Affordable Housing Land Trust vision is to transform people's lives through homeownership. The mission is to use the Community Land Trust Model to provide housing for working families that would be otherwise unable to buy in the West Hennepin suburban communities, offering both communities and homebuyers the ability to sustain permanently affordable homeownership. • The goal is to create and sustain affordable homeownership in the western suburbs of Hennepin County through the implementation of its Homes Within Reach program. The establishment of WHAHLT, later named Homes Within Reach (HWR) was in direct response to the City of Minnetonka's interest in developing a means of increasing the number of permanent affordable homes in Minnetonka and in the western suburban communities of Hennepin County for low to moderate income households. Thus making efficient use of its financial investment and providing a vehicle to meet the communities' housing goals and objectives. Since 2002 HWR has assisted over 104 families in becoming homeowners, of which seven are families in Edina. CITY OF EDINA: Homes Within Reach implemented its homeownership program in Edina in 2007, creating two affordable homes for workforce families. From 2007 through 2012, HWR created seven affordable homes in the city of Edina, using the land trust practice. To date HWR has acquired eight (8) properties in the community. Our eighth property, a foreclosed property was recently purchased from Fannie Mae and rehabilitation will being within the next 30 days. 100'/0 80% 60% 40% 20% 0% The average HWR sales price for the Edina homes using HWR Community Land Trust program over the past five years is $140,571; serving families with an ti ti ti� ti °� yotiti ■ HWR Matching Funds City of Edina CDBG Funds Area Median Income (AMI) of 57.5 %. Please see the HWR Profile Chart on this page, which provides more detail for the homes acquired and sold in Edina using the Community Land Trust practice. The chart to the right highlights the funds applied to each home in creating and preserving affordable homes in Edina. The seventh home's CDBG contribution from the City of Edina was $82,000; the eighth property contribution is $68,575 and the ninth will be 52,251. Exhibit 1 2013 Edina CDBG Application HWR PROGRAM DESCRIPTION: The purpose of this request is to continue offering the HWR program in the city of Edina. With land and housing costs . exceeding the means of low to moderate workforce households to purchase a home in Edina, West Hennepin Affordable Housing Land Trust (WHAHLT) through its program Homes Within Reach (HWR), creates and preserves affordable homeownership for families that otherwise would be unable to buy a home in Edina. ., Population Served: 0 HWR's target market is households with incomes at 80% or less of Area Median Income (AMI). In practice, HWR has served households between 32% and 79% AMI, the average AMI is 57% program wide and 57.5% in Edina. . 0 Average Income for leaseholders is $41,729 and the average in Edina is $44,510. • HWR & Edina Profile: How HWR Community Land Trust Works: HWR homes cost less than market rate homes because HWR homebuyers purchase only the house and enter into an agreement with HWR for the use of the land. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. By eliminating these costs, homes are purchased at approximately 40% - 50% below the typical market value amount in Edina. Therefore, HWR acquires single - family properties, retains ownership of the land and sells the homes on the land to qualified income families. Please refer to Exhibt 2 & 3 for further detail on how the Community Land Trust works. The homes are made permanently affordable for work -force homeowners through contractual controls embedded in the Ground Lease, even after the resale of the homes. Given that HWR owns the land and the homeowner owns the home, the homeowner and HWR execute a Ground Lease that defines the roles and responsibilities of both HWR and the homeowner. The Ground Lease allows the homeowner to secure, long -term rights to the land. In addition, they have full use of the land and responsibility for the property. The homeowner is responsible for the payment of all real estate.taxes on the house and on the land. The homeowner may sell his /her home only to WHAHLT or a qualified buyer. The resale price is limited by a formula which more than likely (based on market conditions) allows the seller to recover 2 2002 -2012 2002 -2012 Categories HWR Edina Comments Totals Totals On January 17, 2013, purchased a Total HWR Parcels 100 8 foreclosed home at 5032 Bedford Ave and in turn HWR will rehab and sell to qualified buyer between 50 % -80% AMI HWR Average Income $41,729 $44,510 Served HWR Area Median o 57 /0 57.5 o /o Income and family size drives AMI Income Served % calculation HWR Average Final $904 $1,022 Includes PITI Mortgage Amount HWR Average Sale $125,224 $140,571 Price HWR Resale 7 0 Household Size 3.40 3.57 HWR Number Persons 354 25 Served HWR Households 104. 7 Number of 11 1 Communities Served How HWR Community Land Trust Works: HWR homes cost less than market rate homes because HWR homebuyers purchase only the house and enter into an agreement with HWR for the use of the land. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. By eliminating these costs, homes are purchased at approximately 40% - 50% below the typical market value amount in Edina. Therefore, HWR acquires single - family properties, retains ownership of the land and sells the homes on the land to qualified income families. Please refer to Exhibt 2 & 3 for further detail on how the Community Land Trust works. The homes are made permanently affordable for work -force homeowners through contractual controls embedded in the Ground Lease, even after the resale of the homes. Given that HWR owns the land and the homeowner owns the home, the homeowner and HWR execute a Ground Lease that defines the roles and responsibilities of both HWR and the homeowner. The Ground Lease allows the homeowner to secure, long -term rights to the land. In addition, they have full use of the land and responsibility for the property. The homeowner is responsible for the payment of all real estate.taxes on the house and on the land. The homeowner may sell his /her home only to WHAHLT or a qualified buyer. The resale price is limited by a formula which more than likely (based on market conditions) allows the seller to recover 2 Exhibit 1 2013 Edina CDBG Application the original cost of the house plus a modest profit. Therefore, assuming the house has retained or increased in value, the homeowner who sells his or her home will get all of their equity (the amount of money that they used as a down - payment as well as all principal that has been paid) plus a percentage (35 %) of the home's appreciation (the amount that a home has increased in value .since it was purchased). Thus, subsidies awarded to HWR to purchase the land, stay with HWR and incorporate perpetual affordability using the community land trust practice Therefore, the home purchased by HWR applicants using the land trust practice are part of the resale- restricted domain of HWR and will remain affordable for low -to- moderate income households, through one resale after another. The components of permanent housing affordability and subsidy retention create and sustains the affordability of the homes through the HWR program. Therefore, the removal of the market value of the land from the mortgage equation provides initial affordability and permanent affordability is otained through: • A pricing formula that provides the owner with an amount of equity while ensuring that the resale price of the home is affordable and • A resale restriction that requires the homeowner to sell the house to another qualified household. Therefore, a one -time investment in the cost of the land and other related expenses creates a permanently affordable home and in turn maximizes the effectiveness of the investment in affordable housing while providing the benefits of home ownership to households that are otherwise unable to buy a home in Edina. Again, please refer to Exhibit 2 & 3 for further detail. Overall the program offers value and benefits to the families it serves and the community; in promoting stable families and a strong community through housing and economic growth for all. Method of Approach and Implementation of Schedule: With respect to the 2013/2014 proposed activity, a specific location in the City of Edina has not yet been predetermined prior to approving this proposed activity. Properties typically are selected and acquired once the funding commitment has been completed, along with matching funds. Properties are typically acquired as opportunities arise due to market conditions and the requirements of the HWR acqusition process. In terms of concentration of HWR homes, they will be scattered throughout the Edina community. Therefore, since HWR does not predetermine specific locations prior to the funding commitment. Exhibit 4 includes a project timeline and a summary of the program's process, clarifying the timeline. This timeline demonstrates the stages in creating an affordable home. Nevertheless, the list of tasks does not include detail steps, such as income verification and funding requirements; the details not specified in the exhibit are integrated into HWR internal checklists and process. A point of information when reviewing the timeline, the Application Process can take place at anytime, however once a property is located and acquired, many times applicants need to be reapproved for a mortgage, if their pre - approval is more than 60 days old; especially in these times of changing. lending requirements. Furthermore, HWR adheres to practices of acquiring not more than 3 -4 properties before successfully executing sales purchase agreements; hence, minimizing holding costs and making the best use of monies to implement the program. The homes purchased typically fit well within the neighborhoods they are located; therefore, the development of affordable housing when updating and preserving the integrity of the property I less neighborhood opposition, since it fits the neighbhorhood character and improves its appearance and condition and continues to revitalize the area. Required repair and rehabiliative work are those renovations that will provide the buyers good operating condition of the home and property, promote a safe environment and permit the reuse of structurally sound buildings, many of which were constructed in a manner that is superior to some of today's housing products. 3 Exhibit 1 2013 Edina CDBG Application COMMUNITY NEED: Today, many of the jobs that are available or are being created do not pay wages that are adequate to afford homeownership for the work -force families in Edina and other communities in the western suburbs of Hennepin County; such as custodians, health care workers, clergy, retail staff, office personnel, customer service representatives, chefs, wait staff, education staff and city workers. These workforce families provide essential services to maintain and sustain the infrastructure of Edina. The HWR program assists those households in owning a home and not over burdening their income to do so. The chart to the right was prepared by Minnesota Housing Partnership comparing earnings across different occupations with income required to afford housing in Hennepin County. As you can see, the income to purchase a home exceeds many of workforce families' incomes and if feasible would consume far more than 30% of their gross income. In Hennepin County, a family of four with two full -time wage earners needs to earn n combined annual sala of $61 666 to 580.000 S71]),000 s6D,000 550,000 S4D,OD0 530,000 $20,000 $10,000 so Housing Affordability by Essential Service and Common Occupations, Minnesota 2001 2002 2003 2004 2095 2006 2007 2008 2009 2010 eiiiORegistered nurse median earnings fuddle school teacher Nursing aide Childcare worker ;:Of1.c clerk Cashier Food prep wa rker .♦Income needed for median priced apt income needed for median priced home 7 / 5ou •: Af HR tabutotian of Ocruponono; [mpieym ! Sto!lst (O °5). Ftin o DfE0: A n Com niry Sureer. afford the basic cost of living according OWN Ravenee Deparemmt Sala.Ror:eSmay.ledo1H. -Mg Ftna nre Rear. Alanrhly Mrerst Rete Su— ,•(XVNS) the Cost of Living in Minnesota Family Wage & Budget Calculator, JOBS NOW Coalition, 2009. Therefore, lower- income households face affordability challenges when buying a home. The chart below shows the meaion earnings for Work ers in common occupations compared to the call of housing.% Housing Affordability by $?o xo Occupation, Hennepin County Needed to "-i ienl 20R $' 0 . .apartment � a.�o v C 3. r1 n c There is a need to support homeownership for essential service workers, because job growth will continue in years to come through new positions and job replacements. According to an article Looking Ahead at the Job Outlook by the Minnesota Department of Employment and Economic Development the sectors that are expected to add the most workers are personal and home care aides, combined food preparation and service workers, home health aides and registered nurses. These are the workers who benefit from the HWR program, since many are unable to purchase a home without burdening their income. T Therefore, HWR average sale price in Edina of $140,571 w contrasts favorably to current average 2012 sales prices in 7. DES Wage Data byeconocmic development region, MN DEED, Edina of $431,962 according to the Minneapolis Area 201002011 OD FMR, 2012: Mn dept of Revenue Sales Ratio Stud y, Association Realtors for January through December of 2012. Please keep in mind when comparing average sales prices the average Edina home sale according to Minneapolis Area Association Realtors includes all price range of properties in Edina and HWR programs purchases only entry -level properties. HWR Benefits and Value to the City of Edina: Homes Within Reach is a creditable program with eleven years of experience providing scattered site affordable homeownership. Offering communities the opportunity to create and preserve affordable homeownership and enhancing community vitality through collaborating with public and private organizations to address the dreams, goals, and objectives of working families to own their own home. The benefits and value of HWR to the City of Edina are broken down into the following four categories. 1. Expands Homeownership Opportunities: The three principal features of the HWR program continue to appeal to the targeted market, they include the cost of homes, the quality of home and their location. Providing a long -term practice for Exhibit 1 2013 Edina CDBG Application families to become homeowners, stablizies families and in turn adds , value to the community, where they work and or live. The HWR program assists in reducing the pressure to build either new > housing by preserving existing affordable units or converting existing housing for workforce households. ..a' Additionally, owning a CLT home is a starting point on the homeownership ladder for many of HWR homeowners. A 2010 study 1 found that nearly 800/o of Land Trust homeowners go on to purchase market -rate homes. 2. Retains Community Wealth: The HWR program makes maximum use of existing buildings and the community's infrastructure. The community's infrastructure is a major selling point to the buyer, and in return, the new family provides value and benefits with respect to the following: • Community's growth, • Delivery of services, Edina home before rehab Edina home after rehab • Increasing the labor pool available to local businesses, • Reducing freeway congestion given the opportunity workers can live near their work, • Adding younger households to the community where the population is often aging and • Providing the mechanism to invest in affordable housing 3. Enhances Residential Stability: HWR like other CLT organizations support homeowners before and after the purchase of the home. Homeowners are required to attend a homebuyer education class before purchasing their home. Furthermore, HWR continues to support homeowners after they move into their home, especially during times of crisis and change in their lives. In addition, HWR program provides assistance to neighborhoods in maintaining them as they age. With the aging process taking place there is a need to renew the residential base and support the seniors in moving from their detached home to a suitable arrangement. 4. Preserves Housing Affordability: Community Land Trust homes remain affordable between consecutive generations of homeowners. The resale restriction is the subsidy retention and is tied to the home not the owner. This recycling of funds from owner to owner ensures the home remains affordable for low -to- moderate income families over a long period. Studies of land trust ownership have found that the income level served remained about the same from one homeowner to the next. 2 This recycling of funds from owner to owner ensures the home remains affordable for low -to- moderate income families over a long period. For example, if homeowners spend 10 -15 years in their home before moving, this would mean 6 to 10 families are served by the CLT during the 99 -year lease, thereby spreading the initial investment by 6 -10 families. In summary: Homes Within Reach is a creditable program with eleven years of experience providing communities the opportunity to create and preserve affordable homeownership and enhance community vitality through collaborating with public and private organizations to address the dreams, goals, and objectives of working families to own their own home. I Urban Institute, Shared Equity Homeownership Evaluation: Case Study of Northern Communities Land Trust, April 2010 draft (This evaluation is part of a larger study still in progress of CLTs, limited equity co -ops and deed restriction programs) ' John Emmenus Davis and Amy Demrowitz (2003) Permanently Affordable Homeownership: Does the Community Land Trust Deliver on Its Promise? 5 Exhibit 2 2013 Edina CDBG Application Homes within Reach Community Land Trust - How it Works West Hennepin Affordable Housing Land Trust dba as Homes Within Reach is a Community Land Trust. A Community Land Trust organization is a - • Nonprofit organization • Formed to hold title to land to preserve its long -term affordability • Receives public and private donations of land or monies, to purchase land on which housing exists or can be built • The homes are sold to low -to- moderate income workforce families • The CLT retains ownership of the land and provides a long -term ground lease to homebuyers to secure their rights to use the land RI The CLT retains a long -term option to re- purchase the homes at a formula- driven purchase price when homeowners later decide to sell & move. Q Two key components driving the interest in Community Land Trusts are A Social Component: Promoting homeownership for low to moderate income families A Financial Component: Protecting the public's investment in affordable homeownership The Community Land Trust (CLT) is one vehicle that allows homeownership to be affordable for low -to- moderate income workforce families. A Community Land Trust (CLT) establishes affordability by removing the value of the land from the mortgage equation to create initial affordability resulting in savings of principal and interest and in down payment and closing costs. The CLT retains ownership of the land and enters into a 99 -year ground lease with the leaseholder- homeowner. Therefore, each affordable home will offer affordable homeownership to 6 -9 families throughout the life of the lease. The CLT leaseholder- homeowner pays property tax on both the home and the land, and secures the rights to use the land via a Ground Lease. Federal, State, City and private contributions fund project costs - land acquisition, buyer assistance, rehab, and holding costs. A CLT ensures permanent affordability of the home through two provisions found in the Ground Lease. • The first is a pricing formula that provides the owner with a fair amount of equity (25 % -35 %), while ensuring the sale price for subsequent low -to- moderate income households is affordable. • The second provision requires the homeowner to sell either to another low -to- moderate income household. In addition, the provisions ensure the home continues to be affordable with each sale. A CLT leaseholder- homeowner receives benefits similar to non -CLT homeowners such as the ability to build equity, the federal mortgage interest and property tax deduction and the ability to pass on the lease interest and home to their heirs. Page 1 of 2 Exhibit 2 2013 Edina CDBG Application The following Chart provides an example of how a Community Land Trust creates initial and permanent affordability (99 years plus). The example compares the difference in affordability after ten years under the CLT and conventional model. Affordability Comparison Affordability Comparison CLT Model Conventional Model Acquisition costs Market Value Land $ 63,000 $ 63,000 Market Value Home $ 117,000 $ 117,000 Total $ 180,000 $ 180,000 Subsidy Subsidy /Affordability Gap $ 63,000 $ - Sale Price $ 117,000 $ 180,000 Housin Costs Principal and Interes $ 816 $ 1,255 Property Taxes $ 200 $ 200 Mortgage and Homeowner Insurance $ 135 $ 135 Land Lease Fee 1 $ 30 n/a Total Monthly Principal, Interest, Taxes, Insurance $ 1,181 $ 1,590 Down Payment $ 5,850 $ 9,000 Closing Costs $ 2,779 $ 4,275 Market Value After 10 Years Market Value Home I $ 157,238 n/a Market Value Land and Home n/a $ 241,905 Increase in Valu $ 40,238 $ 61,905 Sale Price Calculation after 10 Years Percentage of Appreciation to Owner 35% 100% Owners Share of Appreciation $ 14,083 $ 61,905 New Sale Price of Home $ 131,083 $ 241,905 Mortgage Interest Rate 8 %, Term 30 years, Loan to value 95% Z Annual average increase in market value 3% The chart above demonstrates that after ten years, the CLT home sells for $131,083 as opposed to $241,905 under the conventional model, a difference of $110,822. There are two primary factors to account for this difference. First, the land has been permanently removed from the speculative market. Secondly, the homeowner receives only a percentage of the appreciation of the home when they decide to sell. In the above example, the owner receives 35% or $14,083, based on a formula that is standard among CLTs (25 -35 %) across the United States, where the homeowner receives only a portion of the appreciation in order to make the home affordable for each subsequent sale. Page 2 of 2 * Exhibit 3 2013 Edina CDBG Application Eauity Resale Provisions The home purchased by HWR applicants in Maple I omeS Grove using the land trust practice will be part of the within resale restricted domain of WHAHLT - HWR and will L �. Reach- remain affordable for low- moderate P, income . households, through one resale after another, and continue to serve homebuyers without the need of additional .subsidies, regardless the number of times the home sells (99 -198 years). The Ground lease (executed between WHAHLT -HWR and the homeowner) protects the assets of the land by providing the land trust certain rights to safeguard the condition and affordability of the home. HWR homes cost less than market rate homes because HWR homebuyers purchase only the house and enters into an agreement with WHAHLT- HWR for the use of the land. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. Given that WHAHLT -HWR owns the land and the homeowner owns the home, the homeowner and WHAHLT -HWR sign a long -term legal document called a Ground Lease that defines the roles and responsibilities of both WHAHLT HWR and the homeowner. The Ground Lease allows the homeowner to' secure, long -term rights to the land. The homeowner is responsible for the payment of all real estate taxes on the house and on the land. The homeowner may sell his /her home only to a qualified buyer or WHAHLT HWR. The resale price is limited by a formula which more then likely (based on market conditions) allows the seller to recover the original cost of the house plus a modest profit. Therefore, assuming the house has retained or increased in value, the homeowner who sells his or her home will get all of their equity (the amount of money that they used as a down payment as well as the entire principal. paid to that point in time). In addition, to a percentage (35% for WHAHLT) of the home's appreciation (the amount that a home has increased in value since it was purchased). Please see the attached - How the Community Land Trust Model Works - Exhibit 2 Project / Site Information Timeline: Exhibit 4 2013 Edina CDBG Application Homes Since HWR proposed activity has no current pre- determined sites to assist in providing specific project /site information; within the following outline provides a summary of the HWR housing production timeline, tasks and objectives based on HWR Reach housing production experience. With respect to the applicant process timeline, it can take anywhere from four to nine months to purchase a home if the applicant is credit ready and meets HWR eligibility requirements. When reviewing the timeline activities, please keep in mind that multiple steps can be completed concurrently or previously - therefore it does not take 12 months to purchase a home, if the applicant is financially ready There are multiple stages in creating a Community Land Trust affordable home. The graph to the right highlights the stages in creating an affordable home yet, does not include the steps of raising additional resources to benefit the award. Following the graph is an outline providing a brief summary of the program's process and guidelines that will further clarify the timeline. Nonetheless, the list of tasks does not include detail steps, such as income HWR Timeline MONTHS 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 Creation of one Affordable Home 1. Application Process Informational Meeting Application Orientation & Homebuyer Education Interviews and Income verification Meeting with Lender process application Pre - approvals 2. Acquisition Property Search Property Selection Purchase Offer of Selected Property Due - Diligence Period & Admin - Determine Scope of Rehab, LC, Finalize offer, remove contingencies Acquire property Rehab 3. Selling /Closing Process Mortgage Application and approval Selection of Property HWR Resident Committee Interview, Finalize income eligibility Execute PA, home inspection, attorney review Closing - coordination with funders, buyers, closer verification and funding requirements, which are specified in HWR internal checklists. Page 1 of 5 Exhibit 4 2013 Edina CDBG Application A point of information when reviewing the timeline, the Application Process can take place at any time, however once a property is located and acquired, many times applicants need to be reapproved for a mortgage, if their pre - approval is more than 60 days old; especially in these times of changing lending requirements. Furthermore, HWR adheres to practices of acquiring not more than 2 -4 properties before successfully executing sales purchase agreements; hence, minimizing holding costs and making the best use of monies to implement the program. ADDlications Process 2 -6 months 1. Attendance by prospective applicant to a HWR Informational Meeting 2. Submission of HWR application with required financial attachments. a. Approval for HWR to pull credit report b. HWR orientation and compliance with qualifications and criteria c. Applicant meet with HWR staff to review credit reports and assist in meeting qualifications and finalize income verification to ascertain eligibility and determine work plan to be credit worthy to meet with loan officer d. Attendance of a Home Stretch Class sponsored by Minnesota Homeownership Center is required. This education is to provide basic tools to move through the process and own a home. e. Participation in the interviews and working sessions with HWR staff f. Income verification of eligibility per HOME regulations g. Select lender from approved list of CLT lenders and process application h. Pre - approval from one of four lending institutions, Bremer Bank, Alerus Mortgage, US Bank and Wells Fargo Acquisition & Rehab 3 -6 months 1. Property Search a. Criteria to Real Estate Agent based on application pool /profile realtor previews b. Inspects multiple properties before selecting one to continue the process i. Initial Inspection - Property Search Criteria ii. Location 1. Scattered site 2. Neighborhood setting with close proximity to services and transportation 3. Structural integrity and conditions of the home and property c. Key areas of inspection i. Adequately functioning plumbing ii. All wells and private sewage system approved by government authority iii. Amp service (min 100 amps) iv. Condition of exterior - siding, soffits, roof, chimney stack, v. Foundation /Structural Integrity Page 2 of 5 Exhibit 4 2013 Edina CDBG Application vi. GFIs in kitchen, baths and garage and grounded circuits for all appliances vii. Ventilation in kitchen and all bathrooms viii. Insulation, doors & windows (Blower Test) ix. Lead base paint - exterior and interior x. Mechanical - HVAC system and hot water heater A. No hazardous wiring or fixtures xii. Radon Testing xiii. Water intrusion - from what sources d. Property Selection i. Research Hennepin Property Information ii. Create Preliminary Project Budget to determine if acquisition is feasible iii. Determine affordability gap & funding sources. iv. Acquisition Approval from City v. Initial Offer: Decision Point e. Purchase Offer of Selected Property (foreclosed properties take additional time) i. Multiple offers in negotiating initial purchase price prior to the contingency period. ii. If Applicable: Counter Offer iii. Offer - Accepted / Not Accepted iv. If funded by Home, AHIF, and CDBG funds, send photo to begin SHPO & Environmental Review v. Execute Purchase Agreement - if land funded by HOME or CDBG - prepare 1. Non - profit Purchase Letter and 2. Seller Acceptance of Voluntary Offer vi. Execute Purchase Agreement (PA) f. Due - Diligence Period - PA Contingency Period i. Includes at least three levels of inspections 1. WHAHLT Contractor 2. House Masters 3. Hennepin County 4. Other - depending on initial inspection g. Determine Rehab /Construction Requirements using the three inspections i. Complete HWR Inspection Form ii. Request and Finalize Line of Credit for acquisition iii. Finalize Offer and Remove Contingencies if appropriate or renegotiate price or release the PA Page 3 of 5 Exhibit 4 ; 2013 Edina CDBG Application iv. Send Purchase Agreement that includes copies of nonprofit purchase letter and seller's acceptance of voluntary offer along with the Preliminary Sources & Uses, MLS listing and tax statement to HOME, AHIF and CDBG. Title ' commitment and appraisal with rental determination is submitted at a later date v. Implement Pre - closing Action Items vi. Pursuant to HWR Property Acquisition Checklist vii. Acquire Property viii. Pursuant to required real estate transaction - law and lending practices ix. When using Home, AHIF, CDBG funds, schedule closing date 60 days from the date of PA execution due to Environmental & SHPO Review h. Post Purchase Action Items - i. Ready the property to move to the Selling Home Process & Procedures. and Application Checklists. ii. During the selling /selection process, a qualified family is approved and rehab /repair work has begun on the home and completed prior to selling the home. iii. Identify and perform rehabilitation work that is necessary to make the acquired homes hazard free and safe and ready the home for sale to a qualified homebuyer. i. Rehab process includes but is not limited to: 1 -3 months i. Inspections ii. Radon and Blower Tests iii. Preparation of inspection report iv. Determine scope of work and cost estimates v. Determine rehab work plan, provide written specifications vi. Negotiate and execute scope of work - proposal /contract vii. Commence and.complete work viii. Contractor presents to WHAHLT /HWR invoice for work with all permits and required inspections ix. Final inspection of work completed with permits /approvals and lien waivers x. Review and sign off on Green Communities Intended Methods xi. WHAHLT /HWR makes payment to contractor During the selling /selection process, a qualified family receives approval by HWR and a preliminary approval by the lending institution and rehab /repair work has begun on the home and completed prior to selling the home. 1. HWR supervises the process to sell the home using the Community Land Trust practice and the funding requirements and when HOME, CDBG or AHIF monies are used the HOME requirements are applied and followed a. Mortgage application and request pre - approval for a mortgage Page 4 of 5 Exhibit 4 2013 Edina CDBG Application b. HWR Resident Committee Interview c. Selection of Property - show and select a home by a qualified applicant with a mortgage pre - approval by an approved CLT lender d. Execution of PA and all attachments and riders necessary e. Applicant Inspection of home f. Applicant typically is required by lending institution to have a third party inspection and HWR encourages the applicant to engage in a third party inspection - even if it is not required. g. Attorney review of documents (including the ground lease) and review with prospective homebuyer h. Closing transaction i. Selling of the home improvements - submitting documentation to HOME and AHIF for verification and covenants j. Execution of the ground lease and mortgage Page 5 of 5 . 2013 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1- City: EDINA 2. Project Name: REHABILITATION OF PRIVATE PROPERTY 3. Contact Person/ Phone No. JOYCE REPYA 952/826 -0462 B. PROJECT DATA 1. CDBG Funding Requested $ 41,491 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? X Yes 3. Project Location: Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) This project provides,rehab loans for income eligible Edina homeowners of single dwelling unit properties to make structural improvements to their homes. Edina has funded this project since year 1 of the CDBG program, and depends on this program to maintain the safety and upkeep of its housing stock. Administration of this project is pursuant to Hennepin County Rehab guidelines. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) 11 �0"te ,?v, Rental ,Housing Existing Housing Rehabilitation X First Time Homeownership Homelessness - prevention . Special Needs Housing Public Service Neighborhood Revitalization Transportation Services 11 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The City anticipates assisting five or more eligible Edina homeowners to make structural improvements to their homes. 7. Implementation Schedule: (Identify major project tasks to occur during /within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2013 and ends December 31, 2014.) Task: Rehab Homes Task: Task: Date 7/13-12/14 Date Date ' 8. Budget: (Specify, total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $41,491 - Prior Year CDBG Funding (for this project) '$41,491 Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) Municipal $ Metropolitan Council $ Private (specify) $ Other (specify)Repayments 2012 $80,557 Project Total. $163,539 2 r� R :�P'ORT / R : C ©, rMr :�NDATION 1 To: Mayor and City Council 0 14%11f. 11�� \cOpe'ea Agenda Item #: VI. B. From: Kris Aaker Action Assistant Planner Discussion ❑. Date: Information ❑ Subject: PUBLIC HEARING — Variance Appeal, 5801 Crescent Terrace, Resolution No. 2013 -20. Action Requested: Approve a 9.75 foot front yard setback variance in replacement of a 25.85 foot front yard setback variance as agreed upon by the applicant Nicole Sunberg and appellant Kevin Gilligan with variance conditions as stated below and in the attached resolution to build a new home on property located at 5801 Crescent Terrace. Information / Background: On December 12, 2012, the Planning Commission approved a 25.85 foot front yard setback variance, by a 7 to I vote, to build a new home at 5801 Crescent Terrace. The variance granted would place the new home at the same 51.9 foot nonconforming front yard setback as the existing home on site that was built in 1953. On December 17, 2012, the Edina City Clerk received a notice of appeal from Kevin Gilligan, 5804 Crescent Terrace, requesting that the City Council review the Planning Commission's approval of case # B- 12 -12, 5801 Crescent Terrace for a 25.85 foot front yard setback variance. On February 13, 2013, the Edina City Clerk received a notice of conditional settlement of the variance appeal indicating that the appellant will withdraw the pending appeal of the December 12, 2012, decision of the Planning Commission, granting a 25.85 foot front yard setback variance, provided the Edina City Council approves and ratifies all of the following terms and conditions of the proposed reduced variance as agreed upon by the applicant Nicole Sunberg and the appellant Kevin Gilligan. The reduced variance conditions are as follows: I ) The front street setback variance to be granted shall be reduced to 9.75 feet. 2) The home and garage to be constructed on the property shall be built within the boundaries specified on the applicant's.approved revised plans date stamped by the city on February 11, 2013. 3) The garage to be constructed on the property shall not exceed a single story in height. . 4) The plans shall not contain, nor shall applicant permit the construction or installation of, any large driveway turnaround depicted on the original site plans that the applicant submitted to the city in connection with the original variance application. City'of Edina 4801 W. 50,,4 St. • Edina, MN 55424 w9�1� ollll` 0 14%11f. 11�� \cOpe'ea Agenda Item #: VI. B. From: Kris Aaker Action Assistant Planner Discussion ❑. Date: Information ❑ Subject: PUBLIC HEARING — Variance Appeal, 5801 Crescent Terrace, Resolution No. 2013 -20. Action Requested: Approve a 9.75 foot front yard setback variance in replacement of a 25.85 foot front yard setback variance as agreed upon by the applicant Nicole Sunberg and appellant Kevin Gilligan with variance conditions as stated below and in the attached resolution to build a new home on property located at 5801 Crescent Terrace. Information / Background: On December 12, 2012, the Planning Commission approved a 25.85 foot front yard setback variance, by a 7 to I vote, to build a new home at 5801 Crescent Terrace. The variance granted would place the new home at the same 51.9 foot nonconforming front yard setback as the existing home on site that was built in 1953. On December 17, 2012, the Edina City Clerk received a notice of appeal from Kevin Gilligan, 5804 Crescent Terrace, requesting that the City Council review the Planning Commission's approval of case # B- 12 -12, 5801 Crescent Terrace for a 25.85 foot front yard setback variance. On February 13, 2013, the Edina City Clerk received a notice of conditional settlement of the variance appeal indicating that the appellant will withdraw the pending appeal of the December 12, 2012, decision of the Planning Commission, granting a 25.85 foot front yard setback variance, provided the Edina City Council approves and ratifies all of the following terms and conditions of the proposed reduced variance as agreed upon by the applicant Nicole Sunberg and the appellant Kevin Gilligan. The reduced variance conditions are as follows: I ) The front street setback variance to be granted shall be reduced to 9.75 feet. 2) The home and garage to be constructed on the property shall be built within the boundaries specified on the applicant's.approved revised plans date stamped by the city on February 11, 2013. 3) The garage to be constructed on the property shall not exceed a single story in height. . 4) The plans shall not contain, nor shall applicant permit the construction or installation of, any large driveway turnaround depicted on the original site plans that the applicant submitted to the city in connection with the original variance application. City'of Edina 4801 W. 50,,4 St. • Edina, MN 55424 RESOLUTION NO. 2013-20 APPROVING A FRONT YARD SETBACKVARIANCE AT 5801 CRESCENT TERRACE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01.1 On December 12, 2012, the Planning Commission approved a 25.85 foot front yard setback variance, by a 7 to 1 vote, to build a new home at 5801 Crescent Terrace. The variance granted would place the new home at the same 51.9 foot nonconforming front yard setback as the existing home on site that was built in 1953. On December 17, 2012, the Edina City Clerk received :a notice of appeal from Kevin Gilligan, 5804 Crescent Terrace, requesting that the City Council review the Planning Commission s approval of case # B- 12- 12,5801 Crescent Terrace for a 25.85 foot front yard setback variance. On February 13, 2013, the Edina City Clerk received a notice of conditional settlement of the variance appeal indicating that the appellant Will withdraw the pending appeal of the December 12, 2012, decision of the.Planning Commission, granting a 25.85 foot front yard setback variance, provided the Edina City Council approves and ratifies terms and conditions of the proposed reduced variance as agreed upon by the applicant Nicole Sunberg and the appellant Kevin Gilligan listed as conditions to variance approval. The variance requested has been reduced to 9.75 feet to allow a front yard setback of 67.5 feet for a new. home to be built on the property. 1.02 The following described tract of land is requested for variance: That part of Lot 26 lying Northerly of a line running from a westerly line of said lot a distance of 60 feet Northerly from the Southwest corner thereof to a point in the Easterly of said lot a distance of 46.9 ft. Northerly from the Southeast corner thereof, ROLLING GREEN, Hennepin County, Minnesota. 1.03 City Code Section 850.11, requires if there are existing dwelling units on abutting lots on both sides of the lot. The front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. 1.04 The applicant is proposing a 67.5 foot front yard setback. This requires a variance of 9.75 feet. 1.05 On December 12, 2012, the Planning Commission recommended approval of a 25.85 foot front yard setback variance on a Vote of 7 -1. The Planning Commissions decision was appealed to the City Council on December 17, 2012, with the applicant and the appellant agreeing Section 2. FINDINGS 2.01 Approval is based on the following findings: 1) The proposal would meet the required standards for a variance, because: CITY OF EDINA 4801 West 50th Street •. Edina, Minnesota 55424 www.EdinaMMgov • 952- 927 -8861 • Fax 952 - 826 -0389 RESOLUTION NO. 2013-20 Page Two a. The proposed use of the property is reasonable; as the proposed home will uphold the established front setback pattern already existing on the block. b. The practical difficulties in complying with the ordinance include the triangular shape of the lot and resulting amount of front yard that must be maintained given the required setback and the imposition of a deeper front yard setback given that the lot has always had a home located closer to the street than neighboring properties. 2) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R -1, Single Dwelling Unit District. 3) The proposed use of the property is reasonable; as it is consistent with the Comprehensive Guide Plan. 4) The proposal is in harmony with the intent of the ordinance since it will allow replacement of a home that had occupied the lot in the past and was originally located closer to the street. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves the Variance for the property located at 5801 Crescent Terrace, Edina, MN. Approval is subject to the following Conditions: 1) The front street setback variance to be granted shall be reduced to 9.75 feet. 2) The home and garage to be constructed on the property shall be built within the boundaries specified on the applicant's approved revised plans date stamped by the city on February 11, 2013. 3) The garage to be constructed on the property shall not exceed a single story in height. 4) The plans shall not contain, nor shall applicant permit the construction or installation of, any large driveway turnaround depicted on the original site plans that the applicant submitted to the city in connection with the original variance application. Adopted this 19th day of February, 2013. RESOLUTION NO. 2013-20 Page Two ATTEST: Debra A. Mangen, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA )SS 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 13, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 2013. City Clerk 5801 Crescent Terrace Variance Request Revised Narrative Subsequent to the Planning Commission approval for the 25.85' front yard setback variance at 5801 Crescent Terrace, an appeal was filed by Kevin Gilligan, a neighbor to the North of the subject site. In an effort to address Kevin's and a group of three other nearby neighbor's concerns about our proposed variance request, we met with their attorney, Marcus Mollison of Lindquist and Vennum and the Gilligan's on January 16. In that meeting, we submitted a revised site plan to them that reduced the front yard setback variance request and significantly reoriented our project on the site to mitigate the other concerns they expressed. Through a series of discussions before and after our revised proposal on the 16th of January, we ultimately came to an agreement with the nearby neighbors represented by Mr. Mollison. The agreement reduced, our front yard setback variance request to 9.75' and provided a set of parameters on the project based on our revised site plan and proposed house elevations. Ultimately, we're grateful that the changes and concessions we've made to the proposed project were agreeable with the nearby neighbors represented by Mr. Mollison. And with that, we have submitted documents (proposed site plan and exterior elevations) indicating the reduced front yard setback variance request of 9.75' as well project details that conform to the resolution submitted to the City of Edina by the nearby neighbors represented by Mr. Mollison. Our hope is that by working with the neighbors to satisfy their concerns, we'll be able to proceed with the revised project. February 11, 2013 Edina City Clerk Attn: Debra Mangen 4801 W 50' Street Edina MN 55424 NOTICE OF CONDITIONAL SETTLEMENT OF VARIANCE APPEAL Ladies & Gentlemen: The undersigned appellant ( "Appellant "), on behalf of the adjacent and surrounding neighbors of 5801 Crescent Terrace ("Property'), hereby gives notice that Appellant has arrived at a conditional settlement with applicant Nicole Sunberg ( "Applicant ") regarding the variance sought for the property located at 5801 Crescent Terrace ( "Property "). Appellant will withdraw its pending appeal of the December 12, 2012 decision of the Edina Planning Commission, granting a setback variance on the Property of more than 25 feet, provided the Edina City Council approves and ratifies all of the following terms and conditions of the reduced variance at the February 19, 2013 Council meeting (collectively, the "Reduced Variance Conditions "): (i) the front street setback variance to be granted to Appellant shall be reduced to 9.75 feet; (ii) the home and garage to be constructed on the Property shall be built entirely within the boundaries specified on Applicant's approved revised plans submitted to the City ( "City ") by the Applicant ( "Plans "); (iii) the garage to be constructed on the Property shall not exceed a single story in height; and DOCS43834504 -v2 (iv) the Plans shall not contain, nor shall Applicant permit the construction or installation of, any large driveway turnaround at or near the street, similar to that certain turnaround depicted on the original site plans that Applicant submitted to the City in connection with its original variance application. The Conditions are necessary to ensure compliance with the purpose and intent of the Edina City Code and to protect adjacent properties, and may be imposed pursuant to Section 850.04, Subd. 2(I) of the Edina City Code. Respectfully submitted, Nam . Kevin Gillig Addr ss: 5804 Crescent Terrace Telephone: (952) 922 -6892 2 DOGS- #3834504 -v2 PRELIMINARY SITE PLAN 1 - _ a SGLf: 1' • 1C -R - m•.IrlwnM.Y bn • Wn ww 1 ,1 �1 z IV y{ 1 O� TRAVIS VAN LIERE STUDIO I LANDSCAPE ARCHITECTURE 9.75' VARIANCE SCHEME II Nostro Sogno Updated February 7, 2013 5801 Cresent Lane, Edina, MN F 1 r s 1 r' 1a LEE r -- F� x� SJ � ��Si,� �F IG ! I� �i ~.4._ �� i•r� =�Yl� IT � ' _` III ' �I 1 _ [ - �r.r -T t � �- III 1 c+ To: Mayor and City Council �9ZriA.11?l 0 e •' ^'�8POW%, IBBB Agenda Item #: VL A. From: Kris Aaker Action Assistant City Planner Discussion ❑ Date: February 5, 2013 Information ❑ Subject: Public Hearing for Variance appeal, 13- 12 -12, 5801 Crescent Terrace, Applicant: Nicole Sunberg, Appellant: Kevin Gilligan. Action Requested: Continue the Public Hearing to the February 19, 2013, meeting of the Edina City. Council. Please see attached request by the applicant and the appellant. The applicant is requesting the continuance in an effort to respond to nearby neighbors with a resolution to the concerns they expressed. City of Edina • 4801 W. 50th St. • Edina, MN 55424 Kris Aaker From: Nate Wissink <nate @elevation homes.com> Sent: Tuesday, January 29,. 2013 2:28 PM To: Kris Aaker Subject: 5801 Crescent Terrace Continuance Kris, On behalf of my client Nicole Sunberg, we request that the appeal to the front yard setback variance be continued from the February 5th City Council meeting until the February 19th City Council meeting. We are requesting the continuance in an effort to respond to the nearby neighbors with a resolution to the concerns they expressed. Please let me know me know if this request will be implemented. Thanks. Nate WissinkI Project Directory Streeter & Associates, Inc. I Direct 952.346.2488 1 Kris Aaker om: Sarah M. Zach <szach @lindquist.com> ant: Tuesday, January 29, 2013 10:07 AM To: Kris Aaker Cc: Cary Teague; Marcus Mollison; Deb Mangen; Scott Neal; Nate Wissink (nate @elevationhomes.com) Subject: RE: Consent to Defer 5801 Crescent Terrace Variance Appeal Hearing to 2/19/13 Thank you, Kris. LINU0U18T':VGNNUM Sarah M. Zach I Associate, Real Estate 1 612.371.6239 1 szach @lindquist.com I Bioeraphy Lindquist & Vennum LLP 1 4200 IDS Center, 80 S 8`h Street, Minneapolis, MN 55402 Legal Administrative Assistant: Marilyn Olson 1 612.752.1074 1 molson @lindquist.com From: Kris Aaker jmailto:KAaker @EdinaMN.govl Sent: Tuesday, January 29, 2013 9:52 AM To: Sarah M. Zach Cc: Cary Teague; Marcus Mollison; Deb Mangen; Scott Neal; Nate Wissink (nate (aelevation homes.com) Subject: RE: Consent to Defer 5801 Crescent Terrace Variance Appeal Hearing to 2/19/13 ,jear Sarah, Thank you for your e -mail. I am in receipt of this consent. The consent herein and the change of the hearing date to the February 19, 2013, Edina City Council Meeting will in no way affect the rights of or operate as a waiver of any appeal rights by the appealing party. Sincerely, Kris Aaker Kris Aaker, Assistant City Planner 952-826-04611 Fax 952 - 826 -0389 ' 1 , KAaker(a)EdinaMN.gov I www.EdinaMN.gov /Planning ...For Living, Learning, , Raising Families & Doing Business From: Sarah M. Zach Finailto:szach(ablindquist.coml Sent: Tuesday, January 29, 2013 9:36 AM To: Kris Aaker Cc: Cary Teague; Marcus Mollison Subject: Consent to Defer 5801 Crescent Terrace Variance Appeal Hearing to 2/19/13 Kris, Thank you again for your call this morning. in behalf of appealing party Kevin Gilligan, we consent to the deferral, from February 5, 2013 to February 19, 2013, of the Edina City Council's hearing of the appeal of the Edina Planning Commission's approval of the 5801 Crescent Terrace variance Please confirm in writing by responding to this email: (1) your receipt of this consent; and (2) that the consent herein and the change of the hearing date will in no way affect the rights of, or operate as a waiver of any appeal rights, by the appealing party. Please contact me with any questions. Thank you, Sarah L I N G U U] S T V E N N U M Sarah M. Zach I Associate, Real Estate 1 612.371.6239 1 szach @lindguist.com I Biosraphy Lindquist & Vennum LLP 1 4200 IDS Center, 80 S 8th Street, Minneapolis, MN 55402 Legal Administrative Assistant: Marilyn Olson 1 612.752.1074 1 molson @lindquist.com NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e -mail message and any files transmitted with it are confidential and may be subject to attorney- client privilege or work - product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e -mail message and any files transmitted with it are confidential and may be subject to attorney - client privilege or work - product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. 2 Kris Aaker ,om: Nate Wissink <nate @elevation homes. corn > ant: Monday, January 28, 2013 1:13 PM To: Kris Aaker Subject: Extension Kris, Just letting you know that we would like to extend our hearing date two more weeks for 5801 Crescent Terrace. Please confirm this is ok to do. Thanks Nate WissinkI Project Director) Streeter & Associates, Inc. and Elevation Homes I Direct 952.346.2488 1 Fax 952.449.4987 1 email: nate @elevationhomes.com I www @elevationhomes.com Kris Aaker From: Sarah M. Zach <szach @lindquist.com> Sent: Friday, January 11, 2013 9:56 AM To: Kris Aaker Cc: Cary Teague; Jackie Hoogenakker; Scott Neal; Nate Wissink (nate @elevationhomes.com); 'Nicolemarie83 @me.com'; Deb Mangen; James Hovland; Marcus Mollison Subject: RE: Request for Confirmation: 5801 Crescent Terrace Appeal Kris, Thank you for the confirmation. Sarah t_IN0QUIGT VENNUM Sarah M. Zach I Associate, Real Estate 1 612.371.6239 1 szachCa)lindguist.com I Biography Lindquist & Vennum PLLP 1 4200 IDS Center, 80 S 8th Street, Minneapolis, MN 55402 Legal Administrative Assistant: Marilyn Olson 1 612.752.1074 1 molson@lindquist.com From: Kris Aaker [mai Ito: KAakerCd) Edina MN.aovl Sent: Friday, January 11, 2013 9:55 AM To: Sarah M. Zach Cc: Cary Teague; Jackie Hoogenakker; Scott Neal; Nate Wissink (nate@elevationhomes.com); 'Nicolemarie83 @me.com'; Deb Mangen; James Hovland Subject: RE: Request for Confirmation: 5801 Crescent Terrace Appeal Dear Sarah Zach, This e -mail confirms that the hearing date of February 5, 2013, will in no way affect the appeal rights of, or operates as a waiver of any appeal rights, by the appealing party regarding the above referenced matter. Sincerely, Kris Aaker 4 Kris Aaker, Assistant City Planner e r 952- 826 -0461 1 Fax 952 - 826 -0389 l,` ? KAaker(cDEdinaMN.gov I www.EdinaMN.gov /Planning ...For Living, Learning, Raising Families & Doing Business From: Sarah M. Zach rmailto:szachCa�lindquist.coml Sent: Friday, January 11, 2013 9:45 AM To: Kris Aaker Cc: Marcus Mollison Subject: Request for Confirmation: 5801 Crescent Terrace Appeal Kris, In follow up to my voicemail, we are writing on behalf of the Rolling Green neighbors, and specifically appealing party Kevin Gilligan, in response to the notice of changed date to hear the appeal of the Edina Planning Commission's approval of the 5801 Crescent Terrace variance. It is our understanding that the Edina City Council plans to hear the appeal on February 5, 2013, rather than January 22, 2013. ease confirm in writing by responding to this email that the change of the appeal hearing date in no way affects the appeal rights of, or operates as a waiver of any appeal rights by, the appealing party. Please contact me with any questions. Thank you, Sarah Zach LINDQUIST L I N D O U i S i-V V 6 N N U M Sarah M. Zach I Associate, Real Estate 1 612.371.6239 1 szach @lindquist.com I Biography Lindquist & Vennum PLLP 1 4200 IDS Center, 80 S 8th Street, Minneapolis, MN 55402 Legal Administrative Assistant: Marilyn Olson 1 612.752.1074 1 molson @lindquist.com NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the urpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e -mail message and any files transmitted with it are confidential and may be subject to attorney - client privilege or work - product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e -mail message and any files transmitted with it are confidential and may be subject to attorney- client privilege or work-product protection, and should not be read or distributed by .nyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. 2 ASSOCIATES Architectural Builders January 4, 2013 Phil & Pam Broat 4820 Rolling Green Parkway Edina, MN 55436 RE: 5801 Crescent Terrace Variance Application Feedback Dear Phil & Pam, On behalf of our clients, Jeff and Nicole Sunberg, as well as the council for the Moen Estate property, Jay Simons of Messerll Kramer for US Bank, we're writing you to request your feedback regarding your opposition to the front yard setback variance request for the property at 5801 Crescent Terrace. In an effort to understand your concerns about the project, we would appreciate you letting us know any specific feedback you have that would be helpful in making the proposed project better. For example, one comment we received from a neighbor is that he had concerns with the proposed driveway turnaround interfacing with the street. As a result, we're considering alternatives to the turnaround aspect of the driveway. With the above in mind, we welcome your feedback about any other specific items you have concerns about with the proposed project. In an effort to address these items before the City Council hearing, we would appreciate the opportunity to talk or meet with you to review by January 15th. I can be reached by phone at 612- 250 -0829 or NWissinkta7StreeterHomes.com. We look forward to hearing from you regarding your thoughts. With appreciation, Nate Wissink, Project Director Streeter & Associates, Inc. CUSTOM HOME RENOVATION LOFT & COI\IDO 18312 Minnetonka Blvd., Wayzata, MN 55391 O 952.449 9448 ; F 952.449.4987 Mn Lic. #80001380 StreeterHomes.com December 14, 2012 Edina City Clerk Attn: Debra Mangen 4801 W 50'' Street Edina MN 55424 NOTICE OF APPEAL Ladies & Gentlemen: The undersigned, on behalf of the adjacent and surrounding neighbors of 5801 Crescent Terrace, as authorized by Section 850.04, Subd. 2(G) of the Edina City Code, appeals the December 12, 2012 decision of the Edina Zoning Board ( "Board ") approving the 25.8 foot front yard setback variance sought by Nicole Sunberg for the property located at 5801 Crescent Terrace. The decision of the Board is erroneous because the requirements for granting a variance set forth in Section 850.04, Subd. 2(F) of the Edina City Code have not been met. Accordingly, the undersigned hereby appeals the Board's decision to the Edina City Council. Respectfully submitted, v N e: Kevin Gi gan Address: 5804 Crescent Terrace Telephone: (952) 922 -6892 V SFAI -1 DEC A 7 2012 DOCS- 43807040 -v1 January 10, 2013 Nicole Sunberg 4821 Townes Road Edina, MN. 55424 RE: Extension of the 60 -day rule Dear Ms, Sunberg, This letter is to inform you that the City of Edina will be taking longer than 60 days to review your application. State law requires that the city act on your application within 60 days of receiving and finding that an application is complete. The city may take an additional 60 days after notifying the applicant. The additional time would be to ensure adequate review of your application by the city and to meet public hearing requirements for an appeal. The City Council is scheduled to hold their public hearing on February 5, 2013. A Copy of the meeting agenda and staff report will be mailed to you the Friday before the meeting. If you have any questions, please contact Kris Aaker, at 952- 826 -0461, or at e -mail, Kaaker@edinamn.gov. Sincerely, Kris Aaker Assistant Planner CITY OF EDINA 4801 West 50th Street . Edina, Minnesota 55424 www.EdinaMN.gov o 952 - 927 -8861 • Fax 952 - 826 -0389 B. Variance.. Nicole Sundberg. 5801 Crescent Terrace, Edina, MN Planner Presentation Planner Aaker informed the Commission the subject property is located south Of Crescent Terrace consisting of a one story rambler with an attached 2 car (\ garage that was built in 1953. The applicant is planning to tear - down.the existing home and replace it with a two story Mediterranean style home with an attached 4 car garage. The new home will conform to all of the ordinance requirements 2\� with the exception of the required front yard setback from Crescent Terrace. The ordinance requires that any new home or addition to an existing home maintain the average front yard setback of the adjacent homes on either side. The home adjacent to the west located at 33 Crescent Terrace is 82.3 feet from their front lot line. The adjacent home to the south located at 4904 Rolling Green Parkway provides a front yard setback of 73.2 feet. The required average front yard setback of the adjacent two homes establishing the front yard setback for the proposed home is 77.75 feet. The existing home is nonconforming and is located 51.9 from Crescent Terrace right -of -way. The new home is proposed to match the nonconforming 51.9 foot front yard setback of the existing home. The lot is large, triangular in shape with much of the lot area part of the front yard. The purpose of the average front yard setback requirement is to maintain adequate spacing from the street and maintain continuity along a developed street scape. This rule is most important when the lots are narrow and set in a traditional lot and block pattern. The Rolling Green neighborhood is made up of angled streets and large estate lots and is not at all like a traditional street with rectangular lots within rectangular blocks. The character of the neighborhood includes large homes that are proportionate to the ample lot areas which are oriented towards views, topography and street presence. The proposed home has been designed to conform with all of the other zoning requirements including height setback and coverage. Planner Aaker concluded that staff recommends that the Planning Commission approve the variance based on the following findings: 1. With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R -1 Single Dwelling Unit District. 2. The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as the proposed home will uphold the established front setback pattern already existing on the block. b. The proposed use of the property is reasonable; as the proposed home will uphold the established front setback pattern already existing on the block. c. The practical difficulties in complying with the ordinance include the triangular shape of the lot and resulting amount of front yard that must be maintained given the required setback and the imposition of a deeper front yard setback given that the lot has always had a home located closer to the street than the neighboring properties. Approval of the variance is also subject to the following conditions: 1) Subject to staff approval, the site must be developed and maintained in substantial conformance in terms of house location, mass and over -all height with the following plans, unless modified by the conditions below: Survey date stamped: November 29, 2012 Building plans/ elevations date stamped: November 28, 2012. Appearing for the Applicant Nicole and Jeff Sundberg, applicants and Nate Wissink, Streeter & Assoc. Applicant Presentation Nate Wissink addressed the Commission and with'the aid of graphics noted for the Commission the reasoning behind the proposed house location. Wissink indicated that their goal was to promote the best location for the new house for the following reasons: 1. By maintaining the front street setback established by the existing house greater opportunity was provided to achieve a larger rear yard area. This house placement is also less injurious to the property to the south by providing a deeper setback from the common property line. 2. When taking the adjacent houses into consideration it was found that the adjacent houses have buildable lot areas of 48 %. The subject lot has a buildable area of 30% which creates practical difficulties in building placement. Continuing, Wissink presented photos of existing houses in the neighborhood pointing out the diversity of those houses ranging from ramblers to two story homes and the rolling topography of the area. Concluding, Wissink reported that he had spoken with a number of neighbors about the proposal. Chair Grabiel opened the public hearing and asked if anyone would like to speak to the issue. Public Comment The following spoke in opposition to the requested variance: Marcus Mollison, Lindquist & Vennum was present representing the following residents: Baker -4904 Rolling Green Parkway, Edina, MN; Broat -4820 Rolling Green Parkway, Edina, MN; Gilligan — 5804 Crescent Terrace, Edina, MN; Ramsay - 33 Crescent Terrace, Edina, MN: Gravier -4909 Bywood West, Edina, MN Suzanne Knelman — 4812 Rolling Green Parkway, Edina, MN Phil Broat — 4820 Rolling Green Parkway, Edina, MN Donna Ramsay — 33 Crescent Terrace, Edina, MN Patty Gilligan — 5804 Crescent Terrace, Edina, MN Comments focused on the size of the proposed house including its style and height as a two -story home vs. the present one -story ranch style home. Change in streetscape and the potential loss of views would also negatively impact surrounding properties. Chair Grabiel asked if anyone else would like to speak to the issue; being none, Commissioner Potts moved to close the public hearing. Commissioner Staunton seconded the motion. All voted aye; motion carried. 2 Discussion In response to comments from neighbors Mr. Wissink introduced Andrea Swan, architect for the project. Swan reported she was careful with the design of the new house adding much thought went into the placement of the house and its design elements. Swan acknowledged the house as proposed is two story; however, the "height" is centered in the middle. The areas of the house that abuts the two neighboring properties are one - story. Continuing, Wissink clarified that the actual building height is 32.9 -feet and the house to the south is two feet lower. Wissink also noted that to promote privacy additional landscaping would be added to the existing landscaping between the subject property and the Ramsay property. Chair Grabiel asked Planner Aaker to respond to a comment from a resident that asked if Planning Staff visited the subject site before writing the staff report. Planner Aaker responded in the affirmative; staff visits the site. Commissioner Fischer referred to the front yard setback of a house on Bywood West and questioned if the front yard setbacks in this neighborhood varies every few houses. Planner Aaker responded that in this neighborhood front yard setbacks vary adding that the City ordinance regulating front yard setbacks in "established" neighborhoods is the same throughout the City. Continuing, Aaker explained that in an "established" neighborhood the front yard setback is now determined by averaging the homes on either side. Aaker reiterated in Rolling Green front yard setbacks vary and are a "mixed bag ". Fischer commented that it's been his experience that corner lots have the tendency to require variances for additions or redevelopment. Aaker agreed with that statement. Commissioner Platteter asked Planner Aaker if staff calculated the building height of the adjacent houses. Planner Aaker responded she did not calculate the height of the adjacent homes. Commissioner Staunton said he understands how staff formulated the required setback for the new home at 77.75 -feet by averaging the setbacks of the houses on either side; noting this leaves a "building area" of roughly 12,000 plus square feet. Continuing, Staunton asked Planner Aaker if she knows the lot coverage for the adjacent lots. Aaker responded that in this neighborhood (including the subject lot) lot coverage isn't an issue due to the size of the lots, adding she did not calculate lot coverage for the adjoining lots. Aaker concluded to clarify lot coverage requirements that lot coverage doesn't include driveways, sidewalks, swimming pools and the required pool decking, etc. 5 Motion Commissioner Potts said he appreciates all comments from neighbors and given the nature of this street and the size and shape of the lot he appreciates the design submitted. Potts said in his opinion the house as presented maintains the character of the neighborhood, adding he agrees with staff's observations. Commissioner Potts moved variance approval based on staff findings and subject to staff conditions. Commissioner Fischer seconded the motion. Commissioner Schroeder asked Planner Teague to review the variance requirements for practical difficulties. Planner Teague responded that a variance will relieve practical difficulties that prevent reasonable use from complying with ordinance requirements. Continuing, Teague said reasonable use does not mean that the applicant must show that the land can't be put to any reasonable use; rather they must show there are practical difficulties in complying with the Code. Teague said "practical difficulties" may include functional and aesthetic concerns. Concluding, Teague stated in looking at what's reasonable for this site and given the practical difficulties from the curve in the road and the setback imposed by the adjacent homes staff felt that moving the proposed house farther forward on the lot would reduce impact to the home to the south and that the proposed house maintained the character of Rolling Green. Commissioner Staunton stated he supports the variance request as presented adding he was persuaded by the location of the old house. Staunton commented that much of the objection to the new house appears to be with its mass. Staunton concluded he understands the concerns of neighbors; however, believes "breathing room" is maintained. Commissioner Forrest said her initial reaction was to support the variance acknowledging the shape of the lot is unique. After further consideration Forrest noted that the buildable area on this lot is generous and in her opinion it's not unreasonable for the neighbors to want to see the neighborhood character protected through City ordinances. Forrest reiterated there appears to be enough space to work with to lessen the impact of the new house. Forrest also noted that this design appears to contain additional impervious surface, adding that changes the character of the lot too. Commissioner Fischer observed that the house to the south has a lesser setback than the proposed house and enjoys that setback. He noted many residents living in the City's smaller lot neighborhoods would say "wow" to someone having a building area of 12 thousand + square feet; however, this isn't most neighborhoods or most Edina lots n this is Rolling Green where the majority of lots are large in comparison. Fischer added the lot configuration and the curve and layout of the road in his opinion were not self - created. He said the house that's there today isn't a small house, it's a one -story house; however, its presence is noticeable when driving this block. Fischer said in the scope of what's happening in Rolling Green in his opinion the character of Rolling Green wouldn't be negatively impacted because of this request. He acknowledged at the end of the day this will be a change but this change shouldn't alter the character of the Rolling Green neighborhood. Chair Grabiel stated in his opinion it could be considered unreasonable to build a house without a .'back yard ", adding having a back yard is reasonable. He also noted with regard to the neighborhood that the aerial indicates a number of the homes have swimming pools and other outdoor amenities. Commissioner Staunton questioned if this lot is being penalized because of its triangular shape and curve in road. He noted if the lot was more "squared" off there may not be a variance issue. He noted the proposed house appears to be squared to the corner. Chair Grabiel called for the vote: Ayes; Schroeder, Platteter, Potts, Carpenter, Staunton, Fischer. Grabiel. Nays; Forrest. Motion carried. 6M w9�,j'U o e PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Kris Aaker December 12, 2012 B -12 -12 Assistant Planner Recommended Action: Approve the variance as requested. Project Description: A 25.85 foot front yard setback variance request to tear down an existing home and rebuild a new home in it's place at the same nonconforming 51.9 front yard setback from Crescent Terrace as the existing home located at 5801 Crescent Terrace for applicant Nicole Sunberg. INFORMATION /BACKGROUND The subject property is located south of Crescent Terrace consisting of a one story rambler with an attached 2 car garage that was built in 1953. The applicant is planning to tear -down the existing home and replace it with a two story Mediterranean style home with an attached 4 car garage. The new home will conform to all of the ordinance requirements with the exception of the required front yard setback from Crescent Terrace. The ordinance requires that any new home or addition to an existing home maintain the average front yard setback of the adjacent homes on either side. The home adjacent to the west located at 33 Crescent Terrace is 82.3 feet from their front lot line. The adjacent home to the south located at 4904 Rolling Green Parkway provides a front yard setback of 73.2 feet. The required average front yard setback of the adjacent two homes establishing the front yard setback for the proposed home is 77.75 feet. The existing home is nonconforming and is located 51.9 from Crescent Terrace right -of -way. The new home is proposed to match the nonconforming 51.9 foot front yard setback of the existing home. See attachments: A.1 —A. 13, site location, aerial photos, site plans, survey, building elevations and photos. The lot is large, triangular in shape with much of the lot area part of the front yard. The purpose of the average front yard setback requirement is to maintain adequate spacing from the street and maintain continuity along a developed street scape. This rule is most important when the lots are narrow and set in a traditional lot and block pattern. The Rolling Green neighborhood is made up of angled streets and large estate lots and is not at all like a traditional street with rectangular lots within rectangular blocks. The character of the neighborhood includes large homes that are proportionate to the ample lot areas which are oriented towards views, topography and street presence. The proposed home has been designed to conform with all of the other zoning requirements including height setback and coverage. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Single- dwelling homes. Easterly: Single- dwelling homes Southerly: Single- dwelling homes Westerly: Single- dwelling homes Existing Site Features The subject property is 42,083 square feet in area. The existing home is a one story rambler and was built in 1953. Planning Guide Plan designation Zoning: Building Design Single- family detached R -1, Single Dwelling Unit District The proposal is to rebuild on the property with a two story single dwelling unit with an attached garage. See new home plans attachments: AY — A.B. Compliance Table K City Standard Proposed Front - Side- Rear- Average adjacent homes: 10 feet + height 25 feet *51.9 feet 12.3 feet/25 feet 40 feet Building Height 2'h stories /40 feet 2 stories /40 feet, Lot coverage 25% 18.2% K * Variance Required Primary Issues • Is the proposed development reasonable for this site? Yes. Staff believes the proposal is reasonable for four reasons: 1. The proposed use is permitted in the R -1, Single Dwelling Unit Zoning District and complies with all requirements with the exception of setback from Crescent Terrace. 2. The home is appropriate in size and scale for the nearly one acre lot. The improvements will enhance the property and not detract from the neighborhood. The most impacted neighbor to the west is approximately 66 feet from the side wall of the proposed home. The home to the south is approximately 75 feet from the proposed home. 3. The improvements will provide a reasonable use of the triangular shaped lot and allow for a new home to be built at the same distance from Crescent Terrace as the existing home. 4. The new home simply matches an existing nonconforming 51.9 foot front yard setback that has been in place since 1953. The required average front yard setback reduces the buildable area of the lot by 6,958 square feet. • Is the proposed variance justified? Yes. Per the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does meet the variance standards, when applying the three conditions: Section 850.0.Subd., requires the following findings for approval of a variance: Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. The Proposed Variance will: 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. Staff believes the proposed variance is reasonable. The new home will match the existing nonconforming setback of the existing home on the property which has been located on the property since 1953, pre- dating the new home to the south that was located farther back from Rolling Green at 73.2 feet from the front lot line. The practical difficulties in complying with the ordinances are created by the required front yard setback that is dictated by adjacent properties which are located farther back on their respective lots, one of which was built after the subject home. The lots are large, with generous spacing between structures. The purpose behind the ordinance is to maintain an established front yard sight line and street scape. The ordinance is meant to prevent a continual erosion of the established front yard setback back pattern in an existing neighborhood by holding all new construction to the existing neighborhood standard and to avoid new structure build -out beyond existing conditions. Duplicating the front yard setback of the existing home will not compromise the intent of the ordinance. The new home will maintain the existing pattern of setback on the block and will be no closer to the street. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self - created? Yes. The unique circumstances are that the existing lot is subjected to an average front yard setback that is deeper than the location of the existing home. The required setback reduces the buildable area dramatically, pushes a new home farther back on the lot and impacts the ability to provide a reasonable rear yard on such a large lot. 3) Will the variance alter the essential character of the neighborhood? No. The proposed home will be consistent with the location of the existing home and will not change the streetscape along Crescent Terrace. The character of the neighborhood consists of estate lots with homes located on properties based on topography, views and lot shape, unlike the traditional lot and block situation where homes are generally lined up with one another. The applicant is asking to preserve a setback pattern along 4 the block that has included the nonconforming setback of the subject property. Staff Recommendation Recommend that the Planning Commission approve the variances. Approval is based on the following findings: 1) With the exception of the variance requested, the proposal would meet the required standards and ordinances for the R -1, Single Dwelling Unit District. 2) The proposal would meet the required standards for a variance, because: a. The proposed use of the property is reasonable; as the proposed home will uphold the established front setback pattern already existing on the block. b. The practical difficulties in complying with the ordinance include the triangular shape of the lot and resulting amount of front yard that must be maintained given the required setback and the imposition of a deeper front yard setback given that the lot has always had a home located closer to the street than neighboring properties. Approval of the variance is subject to the following conditions: 1) Subject to staff approval, the site must be developed and maintained in substantial conformance in terms of house location, mass and over -all height with the following plans, unless modified by the conditions below: Survey date stamped: November 29, 2012 Building plans/ elevations date stamped: November 28, 2012. Deadline for a City decision: January 27, 2012 6 N VARIANCE APPLICATION CASE NUMBER�_DATE O FEE PAID City of Edina Planning Department * www.cityofedina.com 4801 West Fiftieth Street * Edina, MN 55424 * (952) 826 -0369 * fax (952) 826- 0389 ----------------------------------------------------------------------------------------------------------------- FEE: RES - $350.00 NON -RES - $600.00 APPLICANT: NAME: tll l c"L _�__ ' Sv i-1 r?0-ch (Signature required on back page) ADDRESS: g921 (o,,uwlFS tzaAo, F_0It'A- 5-sLI.1.4 PHONE: 6%t - -7-70-^ 347-7 EMAIL: �I►Got,EM4f--►t3$3 SAE. co N( PROPERTY OWNER: WO MO Eta -v S 13w y- Tiw wows C 4Roi- �pC�GIi-A-1;• � VS t3 dkPl � � PA- �t:`N'ir,h -il Vim, . NAME: ' (Signature required on back page) Pd tSQ}c b1 i I y 2 t C' . ?ofU L. f Nlt i t CAROL_ Ffvmc F ADDRESS: S� 4 PHONE: bSf•- ` (610-�53b LEGAL DESCRIPTION OF PROPERTY (written and electronic form): * *You must provide a full legal description. If more space is needed, please use a separate sheet. Note: The County may not accept the resolution approving your project if the legal description does not match their records. This may delay your project. PROPERTY ADDRESS: "bl C H S C-t' 37 TEl"'NCE PRESENT ZONING: _9— ` t P.I.D.# EXPLANATION OF REQUEST: r2G sc.A-i p770q , �� ST't i�J4 A, HV-,J T 1J A" SeTaA-r_j - VAV-4 AtJ CU7 1-0 C0 10C4tj W t`J# &X!6-7fi�fG Nl (Use reverse side or additional pages if necessary) A06IR--A- SwA-+s ARCHITECT: NAME: S w" tit t "Tc� -`ty 1�= PHONE: to 02- — 3 `q�SO EMAIL: AW R-fA Q- Sul A+A AP-c H t'i c�ivp _ c-OM woo0!j F(LdWN SURVEYOR: NAME: uJ. rA0LJN I-MAD sus- 2'C1Wq PHONE: `isZ�Ski "`�°SS— EMAIL: ►�bta.d s„�.fc v� ,�� • �G� Mihnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively. Please fully explain your answers using additional sheets of paper as necessary. The Proposed Variance will: SeE t7 M-1 AMW eZ YES NO Relieve practical difficulties in complying t ❑ with the zoning ordinance and that the use is reasonable Correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district Be in harmony with the general purposes and intent of the zoning ordinance Not alter the essential Character of a neighborhood M F-I - M ❑ 2 APPLICANT'S STATEMENT This application should be processed in my name, and I am the party whom the City should contact about this application. By signing this application, I certify that all fees, charges, utility bills, taxes, special assessments and other debts or obligations due to the City by me or for this property have been paid. I further certify that I am in compliance with all ordinance requirements and conditions regarding other City approvals that have been granted to me for any matter. I have completed all of the applicable filing requirements and, to the best of my knowledge, the documents and information I have submitted are true and correct. licant's Siqnature OWNER'S STATEMENT I am the fee title owner of the above described property, and I agree to this application. Date (If a corporation or partnership is the fee title holder, attach a resolution authorizing this application on behalf of the board of directors or partnership.) U. `J, Balk. nja-honat Ass6c., ai-torl a.:-, -1j tj:, +eC o{ -the v \jru . co D.. Nlouli i Tr us+ 1- Z-B -iZ s Signature Zi-z�: Vi cc I�rrsi de,-)4 Date Note, Both signatures are required (if the owner is different than the applicant) before we can process the application, otherwise it is considered incomplete. bank. U.S. BANK NATIONAL ASSOCIATION ASSISTANT SECRETARY CERTIFICATE I, Melissa S. Larson, an Assistant Secretary of U.S. Bank National Association, hereby certify that the following is a true and exact extract from the Bylaws of U.S. Bank National Association, a national banking association organized under the laws of the United States. ARTICLE VI. CONVEYANCES, CONTRACTS, ETC. All transfers and conveyances of real estate, mortgages, and transfers, endorsements or assignments of stock, bonds, notes, debentures or other negotiable instruments, securities or personal property shall be signed by any elected or appointed officer. All checks, drafts, certificates of deposit and all funds of the Association held in its own or in a fiduciary capacity may be paid out by an order, draft or check bearing the manual or facsimile signature of any elected or appointed officer of the Association. All mortgage satisfactions, releases, all types of loan agreements, all routine transactional documents of the Association, and all other instruments not specifically provided for, whether to be executed in a fiduciary capacity or otherwise, may be signed on behalf of the Association by any elected or appointed officer thereof. The Secretary or any Assistant Secretary of the Association or other proper officer may execute and certify that required action or authority has been given or has taken place by resolution of the Board under this Bylaw without the necessity of further action by the Board. I further certify that Carol L. Fedorchak, Vice President, is a duly appointed and qualified officer of the Association authorized to act under Article VI of the Bylaws of the Association and that such authority is in full force and effect as of the date hereof and has not been modified, amended or revoked. IN WITNESS WHEREOF, I have set my hand this 28th day of November, 2012. (No corporate seal) r Melissa S. lWon, Assistant Secretary Individual 0 C.V. fiied_______.__C.V, not req _X_ No delinquent taxes Transfer Entered 9/28/2011 10:09:00 AM Hennepin County, Minnesota . Jill L. Alvefson County Auditor and Treasurer Doc No A9696945 Certified filed and /or recorded on 9126/1110:09 AM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Aiverson, County Auditor and Treasurer Deputy 52 PkgID 738896 Doc Name: ( Vie&aim (Deed Docume,gVi;cording Fee $46.00 State deed Tax (.0033 rate) $1.65 Conservation Fee $5.00 Environmental (SOT) $0.05 Response Fund Document Total $52.70 This cover sheet Is now a permanent part of the recorded document. QUIT CLAIM DEED Minnesota Unlform Conveyancing Blanks Indlvlduai(s)rto Individual(s) ° °' - ' Fomr10.9 T12010) DEED TAX DUE: $ 11 70 DATE: September 20, 2011 (maul✓dj0101 r) FOR VALUABLE CONSIDERATION, Warren D. Moen, a single person (msMnan�c andmarilarsrerus Ncrxh Grenra) ( "Grantor"), hereby conveys and qullclaimsto Warren D. Moen and U.S. Bank National Association as co- trustees of the Warren D. Moen (mserr aura orwrh GYenrm) Trust under Agreement dated September 1, 2011 ("Grantee'), real property In Hennepin County, Minnesota, legally described as follows: All that part of Lot 26, "Rolling Green, Hennepin County, Minn" lying Northwesterly of a straight line commencing from a point on the Westerly line of said Lot, 60 feet distant from the Southwesterly corner of said Lot and extending In a Northeasterly direction to a point on the Northeasterly line of said Lot, which point Is 46.9 feel measured along said Northeasterly line from the Southeasterly corner of said Lot 26, The sale price of other consideration given for this property was $500.00 or less. Check here /lall orpart of the described real propedyIs Registered (Torrens) ❑ together with all heredilaments and appurtenances belonging thereto, Check applicable box h The Seller cerilfles that the Seller does not know of any wells on the described real property, 11 A well disclosure certificate accompanies this document or has been electronically Oled, (if electronically filed, Insert WDC number: ) ❑ I am familiar with Ilia property described In this Instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disoosure cerlifirale. Grantor (s,ariee) Warren D. Moen r (sknal") Pago 1 of 2 Page 2 of 2 Minnesola Uniform Conveyancing Blanks Form 10.3.1 State of Minnesota, County of Hennepin This Insbument was acknowledged before me on September 20, 2011 , by Warren D. Moen, a single person. (nmwday fid (insert namaandmaida,'srattsofeachGnmaJ (Seal Ilen ) CHARLES 6 Notary POW Wnnssota • �. - My Commioslo;l Fr�nlrG& Jar► 91, 2A16 THIS INSTRUMENT WAS DRAFTED BY: (nscrf name and edriassJ Charles F. Kelly Kelly Law Firm, Ltd. 3902 West 60th Street Suite C Edina, Minnesota 55424 ra0,sa e(ndarbi aNkcvf Tllie (and Rank): Notary Public My oommission.expires January 31. 2015 (monrl✓dayhearJ TAX STATEMENTS FORTHE REAL. PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO; (mscrl name mdcoftss VIC amee to ohWl raxstatommts shwtd be smJ Warren D. Moen 5801 Crescent Terrace Edina, MN 66436 -1318 CERTIFICATE OF DEATH FiJ STATE FILE NUMBER 2012 -MN- 010074 DECEDENT WARREN DALE MOEN NAME PRIOR TO EDINA HENNEPIN MINNESOTA FIRST MARRIAGE WIDOWED (ANA. NOT REMARRIED) . ALSO KNOWN AS ,:. ,•: r- SOCIAL SECURITY NUMBER SEX MALE _ BORN JUNE 18, 1926 PLACE OF BIRTH MCVILLE NORTH DAKOTA DATE OF DEATH MARCH 30, 2012 PLACE OF DEATH EDINA HENNEPIN MINNESOTA MARITAL STATUS WIDOWED (ANA. NOT REMARRIED) . SPOUSE ,:. ,•: r- RESIDENCE EDINA . •• HENNEPIN ; MINNESOTA.-' PARENT GUNUA.H©YE PARENT ALBERT MOEN FUNERAL HOME -, WASHBUR1.4 -MC REAVY EDINA CHAPEU DISPOSITION iASH BURIAL - .r: ?:;:';::'.:'<• CAUSE OF DEATH IMMEDIATE ADVANCED ADEN OCARCINOMAOFUNKNOWNPRIMARY' UNDERLYING - - `'!.: ice• : j ;. OTHER CONTRIBUTING` CONDITIONS MANNER NATURAL " MEDICAL EXAMINER 11HAI21<A WILL, OWS}(E, M.D.. ". CORONER OR PHYSICIAN 3800 PARK NICOLLET BLVb, SAINT LOUIS PARK, MINNESOTA, 55426 THIS RECORD HAS NOT BEEN AMENDED ' ` I.: ;.'• '' THIS IS A TRUE AND CORRECT RECORD OF DEATH REGISTERED IN THE MINNESOTA OFFICE OF THE STATE REGISTRAR. MR &C Certificate ID 7618530 i I't IIIIIIIIIII0Ip0�0lI 8IB4lI3II8II2IIIlIIIIIIIIII FILED: APRIL 03, 2012 27A- 000843827 . STEVE ELKINS STATE REGISTRAR ISSUED; APRIL 23,202 HENNEPIN COUNTY SERVICE CENTER-GC THIS CERTIFICATION IS VALID ONLY WHEN REPRODUCED ON WATERMARKED SECURITY PAPER '�•.t:•. :r10� WITH A RAISED BORDER AND RAISED STATE SEAL OF MINNESOTA. 11/27/12 10:14 PM Metes and Bounds The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID: 29- 117 -21 -13 -0029 Municipality: EDINA Addition Name: ROLLING GREEN Lot: 026 Block: THAT PART OF LOT 26 LYING NLY OF A LINE RUNNING FROM A PT IN WLY LINE OF SAID LOT DIS 60 FT NLY FROM SW COR THEREOF TO A PT IN ELY LINE OF SAID LOT DIS 46 9/10 FT NLY FROM SE COR THEREOF Print this window I Close this window Page 1 of 1 5801 Crescent Terrace Variance Request Explanation of Request: 5801 Crescent Terrace is a functionally challenged 1953 rambler in the heart of the Rolling Green neighborhood (Rolling Green is noted for stately homes on picturesque lots with ample yard space and varying topography). The existing rambler is an anomaly for the neighborhood,.which is filled with classic architectural homes as well as many_ newly constructed homes, most of which are architecturally designed and substantive in nature. Like some other dated homes without architectural or historical merit in the neighborhood, the existing rambler structure is slated for removal and the property set up for .redevelopment of a new single family home in character with the other homes in the neighborhood. However, the 5801 Crescent Terrace property has development challenges. Specifically, the property's triangular shape and City of Edina's Building Code front yard setback calculations inhibit the ability to practically develop the property with any meaningful back yard. In an effort to overcome the development challenges with 5801 Crescent Terrace's triangular property shape and adjacent homes front yard setbacks that directly inhibit the developable area of 5801 Crescent Terrace (and therefore its potential for a reasonable back yard), we're requesting a variance to change the required front yard setback from 77.75 feet to 51.9 feet, which is 5801 Crescent Terrace's existing front yard setback. 5801 Crescent Terrace has a unique set of property characteristics that make the property unduly difficult to re- develop without a variance and maintain a reasonable back yard. Given the triangular shape of the lot, the City of Edina Building Code provides the following setbacks for development on the property: Side yards of property: 10' for living space (5' for garage space). Front yard of property: Average of the two adjacent homes front yard setbacks. Given the position of the two adjacent homes, this equates to a front yard setback of 77.75' for 5801 Crescent Terrace, or more than 25' further back from the property line than the existing rambler's front yard setback. . Rear yard of property: given the triangle shape of the lot and the backyard being the interior portion of the triangle, the rear yard setback is positioned at the 30' line. See Diagram 1 indicating the setbacks required by the City of Edina code for development on the property and the resulting developable footprint of the property. Please note the existing rambler house footprint on the site and how it relates to the buildable area on the property. Also note that in placing a new house in the developable area would result in virtually no back yard since the new house would be highly concentrated into the interior rear corner of the property. From a numbers perspective, without a variance for a front yard setback to mimic the existing rambler front yard setback, the overall developable area of the property is 12, 6011 square feet or 30% of the total area of the property. By comparison, the three directly contiguous properties average 48% of their total area developable. Consequently, the triangular shape of the lot and the front yard setback calculation required by Code result in no reasonable back yard for the property. See the data below indicating the development percentage of lots of adjacent homes and how 5601 Crescent Terrace compares. Developable Area of Contiguous Properties: Subject Property: 5801 Crescent Terrace 42,083 Square Foot Property Buildable Area: 12,601 Square Feet Buildable Area as a Percentage of Lot Square Footage: 30% Buildable Area as a Percentage of Lot Square Footage With Front Yard Setback Variance: 46% 4904 Rolling Green Parkway (Property to the South): 37,216 Square Foot Property Buildable Area: 20,517 Square.Feet Buildable Area as a Percentage of Lot Square Footage: 55% 33 Crescent Terrace (Property to the West): 56,483 Square Foot Property Buildable Area: 21,884 Square Feet Buildable Area as a Percentage of Lot Square Footage: 39% 4909 Bywood (Property to the Southwest): 61,023 Square Foot Property Buildable Area: 31,467 Square Feet Buildable Area as a Percentage of Lot Square Footage: 52% Two other important items to note as part of these calculations: 1. In the case of the comparable properties (but not with 5801 Crescent Terrace), due to their rectangular shape, the zoning code provides a 25' rear yard setback along the back property line. In order to calculate the "developable area" of these sites, the 25' rear yard area (for the width of the lot) is removed from the developable area of each of the sites, which in turn lowers the overall percentage of developable area on each site. Since 5801 Crescent Terrace is a triangle and the setback from the back property line is calculated differently (again See Diagram 1), there is very little area for the rear yard subtracted from developable area of the property, making 5801's percentage of developable area unequitably higher due to the shape. Even with this disadvantage not showing up in the calculations above, its developable area (and therefore back yard potential) is significantly below the contiguous properties. 2. When looking at all three of the comparables distance from the back of the house to their respective rear property lines, the shortest distance is 52.1'. In other words, the tightest point of the backyards to the rear property line is over 50'. Without a variance, the 5801 Crescent Terrace would not come close to having a yard with a 50' distance to the property line. While developing 5801 Crescent Terrace exhibits practical difficulties in complying with the zoning ordinance as noted above, we also believe it doesn't promote the best integration onto the site or in relation to the other properties. By building a new home on the interior rear portion of the lot that is developable without a variance, a new structure would be closer to the adjacent properties and provide less privacy at the property line for adjacent neighbors and the new house. In looking at the character of the neighborhood, where large lots offer spacious, rolling buffers between properties and overall rear yard space for privacy, by developing a new structure under the front yard setback code, it would be out of character with the neighborhood. Additionally, the spirit of the ordinance and neighborhood pattern isn't like some of the other areas of Edina where a "lot 1, block 1" legal description and consistency in how each house lines up with the adjacent home is important. Rather, the character of the neighborhood and development pattern is more oriented toward views, topography, yard space, and an estate feel. As noted in the request above, in an effort to overcome the practical difficulty posed by the triangular lot shape, and adjacent home front yard setbacks that directly influence the developable area of 5801 Crescent Terrace (and resulting lack of back yard space), we're requesting the front yard setback of the new house be consistent with the front yard setback of the existing 1953 rambler home at 580.1 Crescent Terrace, which is 51.9 feet. By doing this, the developable area of the site changes from 30% to 46 %, which is more in line with the contiguous homes. In turn, this more appropriately allows the site to be developed for privacy for the neighbors by providing a greater amount of buffer at the property line in the interior of the rear yard of the property. And the applicant can have a reasonable space for a back yard. See Diagram 2 showing the developable footprint associated with moving the front yard setback to 51.9' feet, with the existing,ram bier house footprint still outlined on the diagram. As part of the overall variance request, we've been working diligently with Andrea Swan of Swan Architecture and Travis. Van Liere, a landscape architect, to come up with an initial architectural concept of a home for the property along with how it would potentially be sited with the 51.9 ft. front yard setback associated with the variance. Please note that the drawings to date are conceptual and will likely change to some degree but the overall intent of mass, scale, height, and location of the house on the site is represented. See the following visual exhibits to the variance request: House Elevations, Site Plan and Survey. Stylistically, the applicant would like to build an architecturally designed Mediterranean style home with an ornate landscaped yard and pool. While still conceptual in nature, by siting the house as shown, the designers are working to capture the full essence of the property: providing detailed architecture on each face of the home as you transition all the way around the curved front yard of the . property (over 400' of street frontage) while scaling the garage down on West side (for subtle transition from the neighbor to the West) . Architecturally, the style of the home, mass, height, and scale are consistent with other homes in the neighborhood and would continue to.build on the timeless legacy of the neighborhood. Also note that with the house placement, there is no detriment to the neighboring properties. Rather, we would work with the neighboring properties to preserve privacy through the landscaping while providing beautiful street presence with the new home. LOGISMap Output Page Page 1 of 1 If. / http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? 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'� 5805804 - - ` ✓ f At4 ty►. -_ r' e , ti - , ^`u,. .,�� r J!_, : 1� 4307.. } S 1 { �rs � rf •_ - +• 1 ESC .t r► o. ,„� F ���� - ' 7.t i.. .Z rr.�t 494 ,� _� x 4909j . IF ol 4 sate 4015' nimcamd.::,n�nrsc�, -.ti'c ict:a.+k;GU �ltS • 1 .-._:�F ".. ___ - ..Y.i ^�? /4/ , (.1 http:// gis. logis. org/ LOGIS_ ArcIMS /ims ?ServiceName= ed_LOGISMap_OV SDE &ClientV ... 12/6/2012 Hennepin County GIS - Printable Map I Interactive Maps '"// Ir.. r":w -w Parcel Market 29- 117 -21 -13 -0029 ID: Total: Owner Tax $15,509.14 W D Moen & Us Bank Trustees Name: Sale Parcel 5801 Crescent Ter Address: Edina, MN 55436 Property Date: Residential Type: Code: Home- Homestead stead: Parcel 0.91 acres Area: 39,471 sq ft A -T -B: Abstract Market $1,033,300 Total: Tax $15,509.14 Total: (Payable: 2012) Sale Price: Sale Date: Sale Code: A Page 1 of 1 Property Map 1 rn d z t F Map Scale: 1" = 100 ft. N Print Date: 11/2812012 I This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT © HENNEPIN COUNTY 2012 jA ' hmi. Gr &art! http: / /gis.co.hennepin.mn.us/ Property /print/default.aspx ?C = 470717.5226682499,4973548... 11/28/2012 'e o �E LE REV,,,..f=j2, I �.F, . I? N" SETBACK = #33 S I T E P L A N - E X I S T I N G H O U S E 11 Nostro Sog-uo SWANA- �-117-17 i C' "',— . T-1- - I : 3 0 SCALE 580.1 Crescent Terrace Date: N o v e m b e r 28, 2012 D I A G R A M I OK #33 I S WA MA YC"-- - T " C" iii 'l-P Date: NovemF 9. 2012 0 . ......... 0 'rp ),�2-----';6ILDABLE AR' --!19,;559 S.F. N, dd, DUI SAL REAI=--r2; 0 1 1 S.F./ #4904 ......... S I T E P L A N E X I S T I N G H 0 U S E I / 16 ' - I ' - 0 ' 11 Nostro Sog-no 5801 Crescent Terrace. I AGRAM 2 , PRELIMINARY SITE PLAN s. �I n-, TRAVIS VAN LIERE STUDIO I LANDSCAPE ARCHITECTURE II Nostro Sogno November 28,.2012 5801 Cresent Lane, Edina, MN PRELIMINARY SITE PLAN s. �I n-, TRAVIS VAN LIERE STUDIO I LANDSCAPE ARCHITECTURE II Nostro Sogno November 28,.2012 5801 Cresent Lane, Edina, MN SUE ADDRESS 5601 CRESCENT TERRACE EDINA, MN 5506 PROPOSED SURVEY FOR: Legend STREETER AND ASSOCIATES _r _. _ —SeN— —raq— Fenn s 1., Seer uae.ymana cad NOT TO SCALE e \ YRR 0 QOecltlwue Menhvla Pvee. Pde _ Tree Qn \ e e us Trn FrfaUna Elawllen ' e000.0 �900� FidNln9 Contour sill Germ tar Frvelen CeM:N � - , PRJPEBIY OESLPoPIION: Thal pert N le! 28 I Nerihedy al v nn .:mnma fmm �� n N m P:gmed centaur mla tlktenw N 60 IeN Hlmy Imm n 0. i.�f5`j Uv seutheevl wmer 1M1anN le v pvinl the Eeebrb Me of evM lot v dblwcv '^ vl H0.9 fE N.HM1eM Imm 1M s—pil m iM1meal, ROWND GRF£X, Ha:mspin Donates Imn EN ' ppmeVFtt- .Bpee— � \ . . 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'off :tai• y K� �`G �- -y' - l `i�' i.: 'iz:. .,'iY�w`*''.Y.�t,•�" Y '-i... �..� 3'tiK- ir4- s .a• r�kY►'!k'} Al r4 - �}�! __ � :. ,y� T - 4.. •''� �+ •'lam► V. , ''��` :�• 1 `; ='K' '�'.K/i 7�.^' r w�����r ... ., �i..�f�r -�S .b' 1r ...`�rL.� �•�, .ate t= - r" a .. .iv �- - v� .V. ,_r}t•��_ - �'fY %�..if .- v�8•r'•.i. �•. � _� �•+1•�it.- .v'r• ��,'��L• t " T.► .»�i .�a..:i►n _�,-+, Y ~ -�' ii�.i'' ^-. '�iY l � - `t�.S t'• �'6r' � � - `�� ., � y, �t :t -..emu: . • � aw. s man IIlP III[ MI =_ * �`' ♦ i' ��{s{s t _ 1- c i. V�` "i• +ate - ^�+_'i* •t _ S' -� Y + _ �_ � • � (� � j zc ^tom .0 -.. - �• _ �..t.�.. .y ..J. yj .1_LS .per''' � R: Susan Howl From: Lynette Biunno on behalf of Edina Mail Sent: Thursday, January 03, 2013 3:36 PM Cc: Susan Howl Subject: FW: 5801 Crescent Ter. Attachments: DOCS - #3812096- v1- Broat_Letter Mayor Hovland.docx.doc: John Bean letter.htm Lynette Biunno; Receptionist 952 - 927 -8861 1 Fax 952 -826 -0389 lbiunno@EdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business . - - - -- Original Message---- - From: Phil & Pam f mailto:philb @sprintmail.coml Sent: Thursday, January 03, 2013 2:58 PM To: Edina Mail Subject: 5801 Crescent Ter. Dear Mayor Hovland, Thank you for taking the time to discuss the proposed variance on 5801 Crescent Ter. with me a few weeks ago. I'm attaching a letter with some new information and repeating some of our other opposition. I am also attaching a letter from John Bean reflecting his opinion on what this will do to the adjoining property value. If you have any questions or any problems opening these documents please contact me at 952 929 2144. Thank you, Phil and Pam Broat 1 December 30, 2012 Re: CITY COUNCIL AGENDA — 1 -22 -13 25.85 FOOT FRONT YARD SET BACK VARIANCE REQUEST AT 5801 CRESCENT TERRACE FOR APPLICANT NICOLE SUNBERG Dear Mayor Hovland, I write this letter in opposition to the above proposed variance and to express my serious concerns about the proposal and the process that has unfolded. On November 30, 2012, we received notice of an application for a variance on 5801 Crescent Terrace, Edina, Minnesota. As my wife and I live across the street from this property, we discussed this matter with the neighbors. The following week we went to the city planning department and talked to Kris Aaker. Kris showed us the plans for the for the property variance, and told us that we should be satisfied with this variance proposal because it was a "modest home" that might be the best we could do on this property. Despite her assurances, we immediately felt that a 25.8 variance set back from the street would be out of character and would not look appropriate on the neighborhood. In talking with the adjacent neighbors and the other home owners across the street and next to us, we decided to seek legal advice and hired council. We attended and spoke at the planning commission meeting, but we are convinced that in making their decision, the commission did not have all of the accurate and proper information. Only one member of the commission indicated that she actually had viewed the property, and she was the sole vote against the variance. Strangely, although two of the commissioners suggested that adjacent neighbors to the south would be burdened if the variance were denied, they failed to realize that both neighbors actually were present at the meeting with the other owners opposing the variance . The following Monday after the Planning Commission decision I went to the planning staff to get a copy of the site visitation report. I was told no such specific report exists and that the site visit information is included in the staff report. The staff report, however, does not include any.reference to a site visit. Upon learning this, I asked Kris Aaker to give me the name of the person that that visited the site and the date. With some hesitation she told me that she was the person that had visited the site. then requested that she provide me with the date she visited. She indicated that she had been there the day of the Planning Commission meeting and added that she does not walk on any of the adjoining properties. DOCS - 0812096 -v1 It is unfortunate that she did not obtain the perspective from the adjacent properties. A brief look from 33 Crescent Terrace would have revealed that because the new home will be 2 to 2 % times taller than the existing house and a mere 5 feet from the property line, the east view from this property will be completely blocked. Among other shortcomings, the staff report was inaccurate because it failed to account for site lines from adjacent properties. I believe that a brief visit to 33 Crescent Terrace and a review of all the site lines will demonstrate that the variance is inappropriate. Additionally, the proposed home would be so close to the street it would not have a compatible front yard for the neighborhood. As you drive through Rolling Green you will also see that there aren't any other homes built one in front of another. It is a poor precedent to ignore the importance of neighborhood integrity and the hardship that would be imposed on 33 Crescent Terrace by granting this variance. Further, I want to briefly note the following points: 1. It is important to emphasize that the neighbors surrounding the property in question are not opposed to change nor to redevelopment of the parcel. They oppose issuance of this variance because it does not satisfy the applicable legal standards and will negatively impact the enjoyment, use and values of their respective properties. Applicant fails to meet any of the following three criteria, all of which must be satisfied: a. Owners proposed use of the variance must be reasonable. In this case the proposed use is not reasonable because a home of this size easily can be built within the existing buildable area of 12,601 ft. The variance unnecessarily and unreasonably seeks to expand the buildable area to more than 19,500 ft., an increase of more than 55 %. b. The plight or hardship of the owner must be due to the uniqueness of the property and must be not self- imposed. There is no plight or hardship due to the significant amount of allowable building area. Although expansion of the building area may be more convenient to the owner, inconvenience is not the legal standard required to be met. C. The variance must not alter the essential character of the neighborhood. The large setback standards in Rolling Green are an essential component of the neighborhood's character. Allowing the variance will adversely impact the estate style streetscape and neighboring sightlines. The fact that the existing home's setback is non- conforming and "grandfathered" does not mean that the proposed new home would be no more obtrusive with the same set back. The new home would be more than twice the height of the existing structure and will be located on the 5 foot side yard setback, rather than toward the middle of the site. 3. In the alternative, if a setback variance is permitted, it should be more restrictive then what currently is proposed. A setback variance in excess of 25 feet is massive for a site already possessing more than 12,600 ft. of buildable area. To assure applicant complies with what is being represented to the city, a variance of any size should only be granted subject to certain conditions to prevent the DOCS413812096 -v1 potential for "bait- and - switch" situation or subsequent unforeseen additions or modifications in the variance area, including: restricting the height of the improvements located in the variance area to no greater than what currently exists; b. requiring applicant to adhere to the construction plans currently being proposed; and prohibiting any additional construction inside of the variance area after the house is built. On December 15, Mr. Sunberg (the Applicant's spouse) contacted me, and I informed him that we were not interested in the proposed variance. I told him I thought he should see If they could come up with a plan that uses the allowable building area under the code or come to the neighbors with a variance proposal that accommodates our concerns. I have heard nothing since that discussion. In short, I feel blindsided. It is my understanding that residential developers seeking such significant code variances generally first confer with the impacted neighbors in an effort to arrive at a plan with which everybody could be satisfied. All of the new big beautiful homes that have been built in Rolling Green have been done without variance and are beautifully centered and set back on the lot to keep the feel of the area. I believe this variance is incompatible with the character of the street and would serve to devalue the neighboring properties. In support of this position, I have enclosed a letter we have received from a reputable local realtor. For these reasons, my wife and I oppose the variance and request that the City Council reverse the Zoning Board's approval of it. Thank you for your consideration. Si //exxely, ' Phil and am Broat 4820 Rolling Green Parkway Edina, Minnesota 55436 DOCS413812096rv1 Message Page 1 of 1 G/@arfhUnk" EaMUnk nct M Inn Pme lnVelce t-1Acwunt $u art bua:a GVt 18I�- (3 11 !I l y 1 1 ! I! 1 FR I--- - ---ar 1:. ! 55 Year Old Mom Looks 271 ��.'d' Looks 271 - " rA S ^a 1r v ;e haws yule rnlw.� rs soz 1911 1942194] 19941945 19(87 1&18 1949 :•. -MR I 'era. 1951 195219571954 1955 1958195719581959 -�!.r HighBloodPressure? � 191 ;` 1961 1562 1963 196-1 1965 1966 1967 19fi819fi9 r,y 511 !?70197119 721973107419751976197719781979 elalSmaIt - V •) 3 easy exercises drop blood `. 198:1 1981 1982 1983 1 Dail 1985 19861987 1088 pressure bolav 120180 as... "U.. Er. I- Blu aMeronl lea bhNevrs.mm 11, ssa�u Message . philb®sprintmail.eom Provlaus I tiom I • Boi:k to INBOX �RCply I I RePIY All I Forward..: - (Print I [Delete I I Spam 1 Move to... • Marc Actions... 65% or 300 Me used Fr,ct•F- , Fmm:'Bean, 0aballe & John' eBabettaBoan@edinaro.. (Ado to Address ncosj 5wr: -aa sace .eo' ephIHs@spdnlmail.eorm To: 'philb @sprintma8m , Us ^_the YA'Wail now Subject: 33 Crescent Terrace Date: Dec 10, 2012 3:30 PNI - - e-' Chea L13il ,• Dear Phil, Writ. tlessaga , `�•; t {,;s MaaWines You asked my opinion regarding the proposed new construction next to 33 Crescent Terrace. tt, spam0mc::ar pdelq I understand the owners wish to obtain a 25 foot variance In order to build closer to the street and that the house will be quite tall. Also, the proposal a garage on the lot line of 33 Crescent Terrace. • Folders ;suggests Suspacl Enna (273) nca The beauty of the Rolling Green neighborho6d Is enhanced by,the setbacks. Virtually every house has a spacious front yard. Because of the setbacks, v uric— Spam (0) every neighbor has a wide vista In front and to the sides of their homes. If a home were to be built close to the street, it would certainly ruin the view El, 5 INBOX (404) of the neighboring house, and it would end the elegant symmetry of the Rolling Green neighborhood. Drafts (0) Seel It 19) If the house Is substantially taller than its neighbors, it would also detract from the beauty of the naighborhood. i lrosh (1) 1-'Rr'til - • '- In my opinion, the real estate value of 33 Crescent Terrace would be affected adversely. Currently, It has an open lot with great sloping yard. Put a << Address Bcck house next to It close to the street, and it would be like putting up a wall on a toboggan run. It would cut right Into the sightlines and spoil the view. It . 1'rsrer•ccca . would reduce the openness and charm of the lot and harm the property value. SaSrth Ltdssagos Web t.Mil 19e!p The Ramsay family has been a great asset to the community of Edina. 1 think having their property and home of over 40 years of devalued by a - Feedback construction plan that requires these kinds of varlances is not acceptable. - Sign Uul _ Please feel tree to call me with any questions. k, pp.L John 03ean , President's Circle '7^ • ` _r:`.:;° ',,I 0.952.924.8780 c- 612 - 387.4510 - iohnbean( edinarealty.com doilco {i? ►rt v rvnvThaReanTeam.EdlnaReaitv.com •� Reply i I Re All I Forward.... , I Print I I Delete 1 I Spam•I Move to... More Actions... i ply Prev;aus I Next, I . Boa to INBOX A.N —ro,. flstantly. 1 _0_._"IFR. 7 02012 EaMLInk, Inc AN Rights Reserved. F.I.n rsand visitors to mo EadhLink web see agree to abklo by our P;.:�:,e. oral Ag—mv.:s [,r•.nvnt Pr::ac! P: i. -r Web Mad veralon 6 3.13 http:// webmail .c.earLhlink.netlwanu/msg.jsp ?msgid= 6598& folder= INBOX &isSeen= true &x... 1/3/2013 Kris Aaker 'nom: Kris Aaker ant: Tuesday, December 18, 2012 8:07 AM To: 'philb @sprintmail.com' Subject: 5801 Crescent Terrace Dear Mr. Broat, I was at the above mentioned address on two occasions: Friday, November 30, 2012 and Wednesday December 12, 2012. Sincerely, Kris Aaker Kris Aaker, Assistant Planner B 952-826-04611 Fax 952 - 826 -0389 KAakerc5EdinaMN.gov I www.EdinaMN.gov /Planning " ...For Living, Learning, Raising Families & Doing Business Kris Aaker From: Kris Aaker Sent: Friday, January 04, 2013 3:43 PM To: 'Suzanne Knelman' Subject: RE: Dear Suzanne, Both are correct. They both refer to "practical difficulties and circumstances" preventing reasonable use, that are not self- imposed /self- created, are unique to a property, not common to similarly zoned properties, that are in harmony with the intent of the ordinance /consistent with the comprehensive plan and won't alter the essential character of the neighborhood. I will send the state Statute language as well. Sincerely, Kris Aaker Kris Aaker, Assistant City Planner 952-826-04611 Fax 952 - 826 -0389 KAal<er @EdinaMN.gov I www.EdinaMN.gov /Planning ...For Living, Learning, Raising Families & Doing Business - - - -- Original Message---- - From: Suzanne Knelman [mailto:sueknelman @aol.com] Sent: Friday, January 04, 2013 2:35 PM To: Kris Aaker Subject: Hi Kris, the requirements for variance approval in the variance request packet are different than the three listed on the Edina site under section 850.04 subd. 2 .....which is correct? Also, can you email me a copy of the Minnesota statue for variance approval. Thanks. Sent from my Suzanne's Wad Chapter 19 - Revisor of Statutes Page 1 of 5 Minnesota Session Laws Key: (1) (2) new language CHAPTER 19-- H.F.No. 52 An act relating to local government; providing for variances from city, county, and town zoning controls and ordinances; amending Minnesota Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read: Subd. 7. Variances; hardship practical difficulties. The board of adjustment shall have the exclusive power to order the issuance of variances from the terms requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases -vviien there are practical diffictilties F-- WILICWnfar V1 all and when flie errs -of the varianee variances are consistent with the comprehensive plan. "Hardship" as used put to a reasonabte nse if nsed under the conditions af lowed b-'r ti-IM., mhtml:file://C: \Users\kaaker \Desktop \Chapter 19 - Revisor of Statutes.mht 1/4/2013 Chapter 19 - Revisor of Statutes Page 2 of 5 official controls; the rt, of not created by the landovmer; and the varianee, gtanfed, will not alter the essential eharaeter of the loeality. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the rig of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if rammed, will not alter the essential character of the localily. Economic considerations alone shall do not constitute -a talual 'IF if a reasonable ase for the propertLyr CNZISLO U der the terms of the ordinmic -, practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances to. A condition must be directly related to and must mhtml:file: / /C: \Users\kaaker \Desktop \Chapter 19 - Revisor of Statutes.mht 1/4/2013 Chapter 19 - Revisor of Statutes Page 3 of 5 bear a rough proportionality to the impact created by the variance'nsnre pubfic inter . The bo=d of EFFECTIVE DATE.This section is effective the day following final enactment. Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal prt if the ordinmice because of circtimst qne to the individnat property tinder consideration, RINOrA - L"xne- mhtml:file:HC:\Users\kaaker\Desktop\Chapter 19 - Revisor of Statutes.mht 1/4/2013 Chapter 19 - Revisor of Statutes Page 4 of 5 nse if used ander requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the grope owner proposes to use the property in a reasonable manner not permitted by the zoning ordinances the plight of the landowner is due to circumstances unique to the property not created by the landowner;; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall do not constitute under the terms of practical difficulties. _v also inclv&5 Practical difficulties include, but is are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as mhtml:file://C: \Users\kaaker \Desktop \Chapter 19 - Revisor of Statutes.mht 1/4/2013 Chapter 19 - Revisor of Statutes Page 5 of 5 a variance any use that is not pertrt allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances prorpe,-iie A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. EFFECTIVE DATE.This section is effective the day following final enactment. Presented to the governor May 2, 2011 Signed by the governor May 5, 2011, 3:03 p.m.. mhtml:file://C: \Users\kaaker \Desktop \Chapter 19 - Revisor of Statutes.mht 1/4/2013 Kris Aaker From: Kris Aaker Sent: Wednesday, January 02, 2013 8:04 AM To: 'Suzanne Knelman' Subject: RE: 5801 Crescent Terrace variance request Dear Ms. Knelman, The zoning ordinance requires a minimum 25 foot rear yard setback. Sincerely, Kris Aaker Kris Aaker, Assistant Planner 952-826-04611 Fax 952 - 826 -0389 KAaker @EdinaMN.gov I www.EdinaMN.gov /Planning ...For Living, Learning, Raising Families & Doing Business Original Message---- - From: Suzanne Knelman fmailto:sueknelman @aol.coml Sent: Friday, December 28, 2012 4:52 PM To: Kris Aaker Subject: Re: 5801 Crescent Terrace variance request Dear Kris, Thanks so much for your response. Is there any definition or reference in the statue regarding any backyard /rear yard size minimum or description of adequate characteristics of rear yards? Thanks. Sent from my Suzanne's iPad On Dec 28, 2012, at 3:34 PM, Kris Aaker <KAaker @ Edina MN.gov> wrote: > Dear Ms. Knelman, > Regarding your request for information on the Crescent Terrace /Rolling Green neighborhood proposed variance, I submit to you the following from the variance file. The only information in the variance file relating to your four questions requesting building square footage and dimensions is indicated on the attached survey. The survey indicates the house and garage are 4,964.5 square feet, (footprint). The outdoor terrace is 2,677.1 square feet in area and walk over 4 feet wide is 41 square feet in area. There is no data responsive to your request for square footage and dimensions of the second floor, backyard and front yard proposed hardscape. There is no data responsive to your request for legal definition of terms "estate home" and "estate backyard ". There is no data responsive to other variance proposals which reference "estate home" and /or "estate backyard ". > Sincerely, > Kris Aaker > Assistant Planner Kris Aaker "rom: Kris Aaker ,ent: Friday, December 28, 2012 3:34 PM To: 'Sueknelman @aol.com' Subject: 5801 Crescent Terrace variance request Attachments: 201212281434.pdf Dear Ms. Knelman, Regarding your request for information on the Crescent Terrace /Rolling Green neighborhood proposed variance, I submit to you the following from the variance file. The only information in the variance file relating to your four questions requesting building square footage and dimensions is indicated on the attached survey. The survey indicates the house and garage are 4,964.5 square feet, (footprint). The outdoor terrace is 2,677.1 square feet in area and walk over 4 feet wide is 41 square feet in area. There is no data responsive to your request for square footage and dimensions of the second floor, backyard and front yard proposed hardscape. There is no data responsive to your request for legal definition of terms "estate home" and "estate backyard ". There is no data responsive to other variance proposals which reference "estate home" and /or "estate backyard ". Sincerely, Kris Aaker Assistant Planner Kris Aaker From: Jackie Hoogenakker Sent: Wednesday, December 19, 2012 3:05 PM To: Kris Aaker Subject: FW: Jackie Hoogenakker, Administrative Assistant 952 - 826 -0465 1 Fax 952 - 826 -0389 JHoogenakker @EdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business - - - -- Original Message---- - From: Emilie Kastner Sent: Wednesday, December 19, 2012 3:05 PM To: Jackie Hoogenakker Subject: FW: Emilie Kastner, Communications Assistant 952 - 826 -0342 1 Fax 952 - 826 -0389 ekastner @EdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business - - - -- Original Message---- - From: Emilie Kastner On Behalf Of Edina Mail Sent: Tuesday, December 18, 2012 8:57 AM To: Jackie Hoogenakker Subject: FW: Hi, Jackie! Will you please assist this person? Thank you! Emilie Kastner, Communications Assistant 952 - 826 -0342 1 Fax 952 - 826 -0389 ekastner @EdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business - - - -- Original Message---- - From: Suzanne Knelman fmailto:sueknelman @aol.coml Sent: Tuesday, December 18, 2012 8:38 AM To: Edina Mail Subject: December 18, 2012 Dear Edina Planning Department, According to Data Practices statute, I am requesting the following information on the Crescent Terrace /Rolling Green neighborhood proposed variance request: Square footage and dimensions of first floor of proposed building. Square footage and dimensions of second floor proposed building. juare footage and dimensions'of backyard proposed hardscape. .,quare footage of front yard proposed hardscape. Legal definition of the term "estate home" and "estate backyard" as referred to in the Planning Department's document of said property presented to Planning commission. Identification (in terms of address) of other variance proposals which referenced the terminology of "estate home" and or "estate backyard" by Edina Planning Department staff over the last five years. I will be in and out of the area over the next several weeks, so please respond via email that you have received this request. Please email requested information to same email. Thank you for your time and help. Regards, Suzanne Knelman Sent from my Suzanne's Wad Joyce Repya From: Lynette Biunno on behalf of Edina Mail Sent: Wednesday, December 12, 2012 9:57 AM To: Joyce Repya Subject: FW: 5801 Crescent Terrace, Rolling Green Neighborhood Lynette Biunno, Receptionist 952-927-88611 Fax 952 - 826 -0389 IbiunnoOEdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business From: Suzanne Knelman fmailto:sueknelmanaaol.com] Sent: Wednesday, December 12, 2012 9:56 AM To: Edina Mail Subject: Fwd: 5801 Crescent Terrace, Rolling Green Neighborhood PLEASE CALL ME (859.707.5639) to confirm receipt and that it will be included in planning packet for. members today. Thank you. We would like to ask the Edina Planning Commission to deny the request for the front yard "setback" variance on 5801 Crescent Terrace. The request does not meet the criteria for variance as required by Minnesota statues and Edina zoning ordinance. Minnesota statues and Edina ordinances require that the following conditions be satisfied affirmatively for variance. 1) Relieve practical difficulties that prevent a reasonable use from complying with ordinance requirements. Based on Edina zoning ordinance rules, there is a 12,601 square foot building envelope. This sizable pad is ample for a beautiful and sizable home to be built without "practical difficulties" preventing "reasonable use ". There are many beautiful and large homes all through Edina'that have been built on far less square footage than this generous pad. The term "practical difficulties" and "reasonable use" should not be flippantly applied in order to disregard legal zoning protections. A talented architect instructed to "observe the ordinance" would find a creative solution to the building site. There is no reason to believe the current ordinance setback is preventing reasonable use of this lot. The variance request does not meet this legal standard. 2) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self created. Edina planning department states " Yes, the unique circumstances are that the existing lot is subject to an average front yard setback that is deeper than the location of the existing home. The required setback reduces the buildable area dramatically, pushes a new home farther back on the lot and impacts the ability to provide a reasonable rear yard on such a large lot." Clearly, the impact of the setback is exaggerated by the design of the proposed home. A home designed with a different configuration could address this concern. The design of this home to a large extent, "self created" the back yard problem. The variance request does not meet this legal standard. 3) will the variance alter the essential character of the neighborhood. Yes, the "setback" from the street is one of the distinctive characteristics of the Rolling Green neighborhood relative to other large home neighborhoods in Edina. The conversion of small rambler homes to estate homes has been accomplished successfully as the setback ordinance moved the new construction back from the street to fall in line with the existing neighboring properties. That setback has allowed the transition of a neighborhood with minimal harm to existing home owners by large new construction. Previous planning committees have set precedent of honoring this ordinance in Rolling Green despite pressure to relax the ordinance. Commitment to this setback ordinance has been a significant factor in preserving the "essential character" of the Rolling Green neighborhood. We would welcome a new family and home to the neighborhood, but want to preserve the "essential character" of Rolling Green. Hopefully the potential buyer will pursue revisions to their plans that would more closely meet the Edina ordinance without variance or look to purchase a different lot in Rolling Green which would be able to support these house plans. Sincerely, Kip and Suzanne Knelman 48I'2'Rolling"Gr'e'enar�C "vy December 11, 2012 Edina Planning Commission 4801 W 50t` Street Edina MN 55424 Re: Edina Planning Commission Agenda #B- 12 -12: 25.85 Foot Front Yard Setback Variance Request at 5801 Crescent Terrace for applicant Nicole Sunberg We, the adjacent and surrounding neighbors of 5801 Crescent Terrace (the "Property"), are writing collectively to voice our opposition to the setback variance petition (the "Petition ") filed by Nicole Sunberg (the "Applicant ") which is the subject of the Edina Planning Commission Staff Report Agenda No. B -12 -12 to be considered on December 12, 2012. The Petition should be denied because fails the standard for issuance of a variance set forth in Edina City Code Section 850.04, Subd. 2F. STANDARD FOR ISSUANCE OF A VARIANCE The Edina City Code states in pertinent part that: [t]he Board shall not grant a petition for a variance unless it finds that the strict enforcement of this Section would cause undue hardship because of circumstances unique to the petitioner's property and that the grant of said variance is in keeping with the spirit and intent of this Section. "Undue hardship" means that (i) the property in question cannot be put to a reasonable use as allowed by this Section; (ii) the plight of the petitioner is due to circumstances unique to the petitioner's property which were not created by the petitioner; and (iii) the variance, if granted, will not alter the essential character of the property or its surroundings. Economic considerations alone shall not constitute an undue hardship if reasonable use for the petitioner's property exists under the terms of this Section. Edina City. Code Sec. 850.04, Subd. 2F (emphasis added). In evaluating whether the Property can be put to a reasonable use, the Commission considers: (1) whether there are practical difficulties in complying with the City Code; and (2) whether the proposed use is reasonable. In this instance, the Applicant's Petition has not demonstrated that either of these considerations has been met. The Petition should also be denied because the variance, if granted, will alter the essential character of the Property and its surroundings. DOCS- #3805608 -v1 THERE ARE NO "PRACTICAL DIFFICULTIES" IN COMPLYING WITH THE CITY CODE Clearly the Property can be put to a reasonable use and there are no "practical difficulties" in constructing a home on the Property that complies with the City Code. The Site Plan attached to the Petition as Exhibit A.4 indicates that under the existing setback requirement, the Property contains 12,601 square feet of buildable area. This is a large space capable of accommodating significant residential construction. Further, the Proposed Survey for Streeter and Associates attached to the Petition as Exhibit A.6 demonstrates that the project contains an impervious surface area totaling 7,672.5 square feet. Accordingly, the existing setback affords Applicant more than sufficient space to develop the Property as intended. Additionally, Applicant's plans fail to take advantage of the significant unused portion of the Property adjacent to the proposed construction. No finding of "practical difficulties" is appropriate where a landowner has not used available space for construction. Moreover, the setback scheme contained in Subdivision 7 of City Code Section 850.11 was designed to promote continuity and thereby preserve the strong aesthetic character of Edina's neighborhoods. By tying the setback requirement of a particular property to the setback requirements of adjacent properties, the City Code promotes uniformity along city streets. In this case, honoring the requisite 77.75 foot setback will ensure that the Property is in aesthetic harmony with neighboring properties on Crescent Terrace. Although the existing home on the Property does not comply with the current setback requirement, its deviation is not noticeable because the home is only one story and contains approximately 2,300 square feet. In contrast, the construction Applicant proposes is forty (40) feet tall and will contain approximately 4,964.5 square feet, accordingly to Exhibit A.6 to the Petition. Granting a variance to permit the imposing construction Applicant contemplates in a location more than twenty five (25) feet nearer to the street than either of the adjacent homes would disrupt the distinct character of the neighborhood and the streetscape. THE PROPOSED USE OF THE PROPERTY IS NOT REASONABLE, AND A VARIANCE WILL ALTER THE CHARACTER OF THE NEIGHBORHOOD The variance should be denied because the Applicant's intended use of the Property is not reasonable. The Petition suggests that the Applicant is merely replacing one existing Property with another. However, the attachments to the Petition underscore that construction on a much larger scale is intended and will result in a far more obtrusive presence in the neighborhood. Granting the requested variance will not only disrupt the character of the Property; it will also have a detrimental effect on the value of surrounding properties. In particular, the sight lines of the neighboring properties will be adversely affected if significant construction is allowed so close to the road and on a scale so much larger than currently exists. As the Commission Report notes, the character of Rolling Green "includes large homes which are proportionate to ample lot areas which are oriented towards views, topography, and street presence." Granting the variance sought in the Petition will upset 2 DOCS- #3805608 -v 1 12/11/2012 21:22 2395926705 THECARLYSLE PAGE 04/04 these views and cause the Property to have a disproportionate street presence, all to the detriment of Rolling Green's suture character. ,Additionally, in considering this variance request we request that the Commission carefully analyze the proposed height of the building as well as the amount of hard surface. Because the requirements for issuance of a variance under the City Code have not been met, the undersigned neighbors request that the Petition be denied. Respectfully Submitted, Brad and Susan Baker 4904 Rolling Green Parkway Phil and Pam Broat 4820 Rolling Green Parkway Kevin and Patty Gilligan 5804 Crescent Terrace BW and Donna Ramsay 33 Crescent Terrace Bob and Candy Gravier 4909 Bywood West D=-43805608 -v1 prove F-0-M7, ano Fwd: Sunberg Variance Information - 5801 Crescent Terrace - Outlook Web Access Light 12/6/12 6:45 AM 0 1 0C1t�90�C�!J�lal�cczss .Type here to search _ _� This Folder -:- ;:. p. Address Book j � Options i � � Log Off Mail Reply l Reply to All I Ia Forward I `i Move 1 x Delete I l I f�3 Junk I j I Close JCalendar Contacts '@ Deleted Items (153) Drafts [36] Inbox (29) Junk E -Mail Sent Items Fwd: Sunberg Variance Information - 5801 Crescent Terrace Nikki Mikan [nikki.mikan @me.com] Sent: Wednesday, December 05, 2012 5:04 PM To: Nate Wissink 4 '10, i, Hi Nate, Mike and I have no objection to the variance. You will see an e-mail below from Mike indicating that same message. Good ludo to you and the Sunbergs! Nikki Mikan -------------- ------------ - -- -J1 Sent from myPhone Click to view all folders " Begin forwarded message: ------------------------------ Manage Folders... From: "G. Mike Mikan" <o.mike.mikan@)gmall.com> Date: December 5, 2012 4:50:08 PM CST To: Nikki Mikan <n!kki.mikan@)me.com> Subject: Re: Sunberg Variance Information - 5801 Crescent Terrace We have no objection to the variance. Looks nice. On Dec 5, 2012, at 4:44 PM, Nikki Mikan wrote: Sent from my (Phone Begin forwarded message: From: Nate Wissink <nate(@elevationhomes.com> Date: December 5, 2012 3:53:19 PM CST To: "'Nikki. Mikan(a)me.com " <nikkl.mikan@me.com> Subject: Sunberg Variance Information - 5801 Crescent Terrace Nikki, Thanks for taking the time to talk with me yesterday regarding the front yard setback variance request for 5801 Crescent Terrace. As we discussed, I'm forwarding you the application documents that were part of the City package so you can get a look at has been proposed regarding the front yard setback variance for the property. Overall, the diagrams show the challenges with developing a home on the site that conforms to the front yard setback, since it pushes the home to the back of the property, most notably impacting Baker's back yard (property to the South) by towering over it and not allowing a back yard experience for our clients. As you know, we're not comfortable with that and have decided to pursue the variance instead. As you review the materials, feel free to call me with questions. While we hope the plans provide the basic intent of the project in terms of its architectural style and scale, at this stage they aren't fully finalized, which we would do provided we received the variance. Regardless, our hope is that our client's home would be a beautiful addition to the neighborhood. I_ know you were excited about the Mediterranean style! Please note that I've reached out to several other neighbors (including Bakers) and will be sending them the package for their review. One thing that would help us in the process, provided you and Mike don't :ps: // mail. streeter- associates.com /owa /?ae= Item &t = IPM. Note& id ... PQ4E8BOT% 2bN7NKAARBxsG6AAAfWcXl q %2fTPQ4E860T%2bN7NKAKS7ttRNAAAI Page 1 of 2 -wd: Sunberg Variance Information - 5801 Crescent Terrace - Outlook Web Access Light 12/6/12 6:45 AM have any objections to the variance request, is to send me an e-mail indicating you have "no objection to the variance ". l Thanks again for taking the time to talk with me yesterday. With appreciation, Nate Wissinkl Project DirectorlStreeter & Assoc., Inc. and Elevation Homes I Direct 952.346.24881 Fax 952.449.49871 email: nateQelevationhomes.com < Crescent Terrace Variance Regdest.pdf> <DIAGRAM 1 FOR VARIANCE.pdf> <DIAGRAM 2 FOR VARIANCE.pdf> <AI_NORTH ELEVATION.pdf> <Sunberg Site Plan.pdf> <A2-NORTH ELEVATION (2).pdf> �11 Connected to Microsoft Exchange :tps: / /mall.stree ter - associates.com /owa / ?ae= Item &t= IPM.Note &ld...PQ4E8BOT%2bN 7N KAARBxsG6AAAfWcXlq% 2ITPQ4E8BOTIA2bN7NKAKS7ttRNAAgJ Page 2 of 2 a Nate Wissink From: Michael Erickson <michaelderickson @hotmail.com> Sent: Thursday, December 06, 2012 4:29 PM To: Nate Wissink Subject: RE: Sunberg Variance Information - 5801 Crescent Terrace No objection to the variance • From: nate( elevationhomes.com • To: Michaeldericicson(abhotmail.com • Date: Wed, 5 Dec 2012 22:15:28 -0600 • Subject: Sunberg Variance Information - 5801 Crescent Terrace > Michael, > Thanks for taking the time to talk with me today regarding the front yard setback variance request for 5801 Crescent Terrace. As we discussed, I'm forwarding you the application documents that were part of the City package so you can get a look at has been proposed. regarding the front yard setback variance for the property. Overall, the diagrams show the challenges with developing a home on the site that conforms to the front yard setback, since it pushes the home to the back of the property, most notably impacting Baker's back yard (property to the South) by towering over it and not allowing a back yard experience for our clients. As you know, we're not comfortable with that and have decided to pursue the variance instead. As you review the materials, feel free to call me with questions. While we hope the plans provide the basic intent of the project in terms of its architectural style and scale, at this stage they aren't fully finalized, which we would do provided we received the variance. Regardless, our hope is that our client's home would be a beautiful addition to the neighborhood. > Please note that I've reached out to several other neighbors {including Bakers) and will be sending then! the package for their review. One thing that would help us in the process, provided you don't have any objections to the variance request, is to send me an e-mail indicating you have "no objection to the variance ". > Thanks again for taking the time to talk with me today. > With appreciation, > > Nate Wissinkl Project Directorl Streeter & Associates, Inc. and Elevation Homes! Direct 952.346.2488 1 Fax 952.449.4987 2E: Sunberg Variance Information - 5801 Crescent Terrace Outlook Web Access Light 12/6/12 6:41 AM '7-", s��Ql°.tlf�4,Qif'+Jeb.cse�s I Type here to search L This Folder, J j Address Book Options ` Log Off r.. Mail Calendar Contacts Click to view all folders ------------------------- - - - - -- I Manage Folders... Reply Reply to All 114 Forward I j I Move ( Delete I I I Junk RE: Sunberg Variance Information - 5801 Crescent Terrace Wolfenson, Ellyn J [E]Wolfenson @CBBURNET.COM] Sent: Wednesday, December 05, 2012 11:03 PM To: Nate Wissink IV Hi Nate ...... Mick and I have reviewed the documentation you sent related to the variance you are requesting for 5801 Crescent Terrace and we are in support of that request and have no objection to the variance. Unfortunately we are unable to attend the meeting on Wednesday evening. Kindest regards, Ellyn and Mick Ellyn Wolfenson The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's employer is not liable for any loss or damage arising in any way from this message or its attachments. to Microsoft Exchange :ps: // mail. streeter- associates.com /owa / ?ae= Item &t = IPM. Note &ld...PQ4E8BOT• /2 bN7NKAARBxsG6AAAfWcXlq %2fTPQ4E8BOT%2bN7NKAK57ttRxAAAJ Page 1 of 1 Deleted Items (153) rj Drafts [36] Inbox (33) B Junk E -Mail Sent Items Click to view all folders ------------------------- - - - - -- I Manage Folders... Reply Reply to All 114 Forward I j I Move ( Delete I I I Junk RE: Sunberg Variance Information - 5801 Crescent Terrace Wolfenson, Ellyn J [E]Wolfenson @CBBURNET.COM] Sent: Wednesday, December 05, 2012 11:03 PM To: Nate Wissink IV Hi Nate ...... Mick and I have reviewed the documentation you sent related to the variance you are requesting for 5801 Crescent Terrace and we are in support of that request and have no objection to the variance. Unfortunately we are unable to attend the meeting on Wednesday evening. Kindest regards, Ellyn and Mick Ellyn Wolfenson The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's employer is not liable for any loss or damage arising in any way from this message or its attachments. to Microsoft Exchange :ps: // mail. streeter- associates.com /owa / ?ae= Item &t = IPM. Note &ld...PQ4E8BOT• /2 bN7NKAARBxsG6AAAfWcXlq %2fTPQ4E8BOT%2bN7NKAK57ttRxAAAJ Page 1 of 1 5801 Crescent Terrace Variance Request Revised Narrative Subsequent to the Planning Commission approval for the 25.85' front yard setback variance at 5801 Crescent Terrace, an appeal was filed by Kevin Gilligan, a neighbor to the North of the subject site. In an effort to address Kevin's and a group of three other nearby neighbor's concerns about our proposed variance request, we met with their. attorney, Marcus Mollison of Lindquist and Vennum and the Gilligan's on January 16. In that meeting, we submitted a revised site plan to them that reduced the front yard setback variance request and significantly reoriented our project on the site to mitigate the other concerns they expressed. Through a series of discussions before and after our revised proposal on the 16th of January, we ultimately came to an agreement with the nearby neighbors represented by Mr. Mollison. The agreement reduced our front yard setback variance request to 9.75' and provided a set of parameters on the project based on our revised site plan and proposed house elevations. Ultimately, we're grateful that the changes and concessions we've made to the proposed project were agreeable with the nearby neighbors represented by Mr. Mollison. And with that, we have submitted documents (proposed site plan and exterior elevations) indicating the reduced front yard setback variance request of 9.75' as well project details that conform to the resolution submitted to the City of Edina by the nearby neighbors represented by Mr. Mollison. Our hope is that by working with the neighbors to satisfy their concerns, we'll be able to proceed with the revised project. Submitted by Streeter & Associates, Inc. on behalf of Nicole Sunberg, applicant. Nicole Sunberg Nate Wissink, Streeter & Associates, Inc. 4821 Townes Road 18312 Minnetonka Boulevard Edina, MN 55424 Wayzata, MN 55391���F�'�� 612- 770 -3477 612- 250 -0829 TV- G 5801 Crescent Terrace Variance Request Revised Narrative Subsequent to the Planning Commission approval for the 25.85' front yard setback variance at 5801 Crescent Terrace, an appeal was filed by Kevin Gilligan, a neighbor to the North of the subject site. In an effort to address Kevin's and a group of three other nearby neighbor's concerns about our proposed variance request, we met with their. attorney, Marcus Mollison of Lindquist and Vennum and the Gilligan's on January 16. In that meeting, we submitted a revised site plan to them that reduced the front yard setback variance request and significantly reoriented our project on the site to mitigate the other concerns they expressed. Through a series of discussions before and after our revised proposal on the 16th of January, we ultimately came to an agreement with the nearby neighbors represented by Mr. Mollison. The agreement reduced our front yard setback variance request to 9.75' and provided a set of parameters on the project based on our revised site plan and proposed house elevations. Ultimately, we're grateful that the changes and concessions we've made to the proposed project were agreeable with the nearby neighbors represented by Mr. Mollison. And with that, we have submitted documents (proposed site plan and exterior elevations) indicating the reduced front yard setback variance request of 9.75' as well project details that conform to the resolution submitted to the City of Edina by the nearby neighbors represented by Mr. Mollison. Our hope is that by working with the neighbors to satisfy their concerns, we'll be able to proceed with the revised project. Submitted by Streeter & Associates, Inc. on behalf of Nicole Sunberg, applicant. Nicole Sunberg Nate Wissink, Streeter & Associates, Inc. 4821 Townes Road 18312 Minnetonka Boulevard Edina, MN 55424 Wayzata, MN 55391 ��'�°'�� 612- 770 -3477 612- 250 -0829 � 0 - — CRESCENT v e^ ... 3R=45 _ i \e PRELIMINARY SITE PLAN 1 SCALE V-16' -0' PACE ,e ,1 a f p1 0 1 r z '1 1 of B 16 32 & o-» s,,,emrn mrnewws o,r row TRAVIS VAN LIERE STUDIO I LANDSCAPE ARCHITECTURE 9.75' VARIANCE SCHEME II Nostro Sogno Updated February 7, 2013 5801 Cresent Lane, Edina, MN (REVISED SETBACK INFO FEBRUARY 16. 1013) t City of.Edina 4801 W. 50" Street Edina, MN 55424 Dear Joni Bennett / City Council Member, / City of Edina: January 14; 2013 We request the Edina City Council abide by Minnesota Statute and Edina Ordinance and deny the variance request of 5801 Crescent Terrace. Minnesota Statute and Edina Ordinances require that three conditions ust be satisfied affirmatively to grant a variance. The courts have maintains it is the applicant who has a heavy burden of proof to show that ALL three prerequisites to the granting of a variance are satisfied. This is because a variance allows property to be used in a manner forbidden by the local ordinance. One of these mandatory conditions states, the variance can only be granted when "the plight of the petitioner is due to circumstances unique to the property and not created by the petitioner". The laws emphasize the requirement that a variance be due to circumstances "unique to the property". The courts have held that practical problems and/or hardships peculiar to the present owner, even hardships such as handicaps, age, and family size, do NOT satisfy the prerequisite because they are not "unique to the property ". Similarly, self selection of home design and back yard amenities would be "peculiar" to the applicant and not "unique to the property ". The variance request is for a Rolling Green neighborhood lot, which despite its pie shape, affords a relatively flat 12,000 SF building pad. Applicant proposes to raze the existing nonconforming setback house and build a home of considerable size, as well as extensive backyard amenities. The applicant's design for both house and rear yard amenities "self create" the "practical Eroblems,'that result in the variance request. The practical difficulty would not be unique to the property but peculiar to the applicant's wants and architectural design. Given the 12,000 SF building pad, a wide variety of home designs and back yard configurations could be built without granting of a variance. Additionally, the courts have held that a person who purchases land with knowledge, actual or constructive, of the zoning restraint which is in effect at the time of such purchase is said to ave "created" whatever hardship the restriction entailed. Although this does not mean automatic denial of variance request, it is part of the evidence that must be considered in deciding whether there are practical difficulties imposed by the applicant not the ordinance. In this case, the applicant is a potential purchaser but not the current owner. This zoning knowledge, in addition to the proposed home architecture and extensive backyard amenities configuration, clearly "self creates" the practical difficulties for the applicant. Page I 1 WE RESPECTFULLY REQUEST THAT THE EDINA CITY COUNCIL DENY THE VARIANCE REQUEST ON GROUNDS THAT THE "PRACTICAL DIFFICULTIES" OF THE PROPOSED DESIGN FOR HOME AND BACKYARD AMENITIES ARE "PECULIAR" TO THE APPLICANT NOT "UNIQUE TO THE PROPERTY" AND THE APPLICANT HAS "SELF CREATED" THE PRACTICAL DIFFICULTIES. Furthermore to prevent future confusion on variance requests, we request the Edina City Council to rule that the Edina Planning Department (EPD) is in error in its findings on the following statements: * "the required setback reduces the buildable area dramatically, pushes a new home farther back on the lot and impacts the ability to provide a reasonable rear yard on such a large lot ". EPD finding that "a reasonable rear yard on such a large lot" is a personal opinion and criteria that has no legal standing. The Edina zoning ordinance makes no mention o e right to "reasonable back yard "; nor does it define what a reasonable back yard is. These arbitrary and capricious criteria that have no legal footing are inappropriate criteria for the EPD to offer as justification for variance approval. Edina zoning ordinance references only a 25' rear yard (30 on corner rear lots) setback, but is silent on any other back yard rights of property holders. To convey that this applicant should be granted a setback variance to provide "a reasonable back yard on such a large lot" is to confer to applicant a privilege that is not offered to other residents. This EDP criteria for variance approval is arbitrary, capricious and beyond the jurisdiction afforded by the EPD by the Edina zoning ordinance. * "proposed use of house is reasonable; as the proposed home will uphold the established front setback already existing on the lot ". This finding is in direct conflict with the Edina zoning ordinance and is a personal opinion not supported by Edina zoning ordinance. Edina zoning stipulates a front yard setback rule and makes no reference to exceptions based on a re- existing nonconforming home that are to be razed. EPD is arbitrary and capricious in this determination that this pre - existing nonco orminj oT cation should set the new set back requirement. There is no statute to support this finding. Allowing staff to create zoning law is unlawful. Only through a specific process can the zoning regulations be changed. Staff errs in- reaching beyond its jurisdiction when it ignores the requirements set by law and impose their own personal standards. Zoning ordinances should be strictly observed as deviation from these laws can lead to favoritism and corruption. * "the practical difficulties in complying with the ordinance include the triangular shape lot and the resulting amount of front yard that must be maintained given the required setback and the imposition of a deeper front yard setback given the lot has always had a home located closer to the street than neighboring properties ". Page 12 EPD failed to consider pertinent facts of the historical "precedents" and recent building experience established in Rolling Green subdivision that establishes that these factors are not "uni ue" to the applicant's property but common to many corner lots in the Rolling Green subdivision. Recently there have been a number of cases of non co ormmg omes raze on corner lots. In these cases, other property owners have dealt with characteristics common to the applicant's corner lots without variances. Applicant's brother at 17 Merilane is an excellent example. Characteristics common to corner lots are the criteria that EPD incorrectly declares are "unique" to applicant's prODerty- (i.e. setbacks that result in larger front to back yard ratios, relative smaller buildable area to total area, limits to backyard space). In fact, the relatively large lot sizes of the Rolling Green neighborhood make these corner lots more common than in other smaller lot size neighborhoods. EPD ignore these pertinent facts which results in the arbitrary and capricious recommendation for variance. In conclusion, the Edina City Council should rule in accordance with state and local zoning ordinances and deny the variance request. Personal opinions on best use of property should never overrule zoning ordinance protections. ' We would welcome new neighbors and a new home, but respectfully demand the zoning protections afforded the property owners by Minnesota and local law. Hopefully, the applicants will pursue a revision of their plans that meet the zoning ordinance without variance request or choose another Rolling Green property. Thank you for your time and consideration regarding this matter. Kip Knelman (612- 850 -3110) Suzanne Knelman (859- 707 -5639) 4812 Rolling Green Parkway Edina, MN 55436 Page 13 To: MAYOR & COUNCIL From: Debra Mangen City Clerk Date: February 19, 2013 Subject: Resolution No. 2013 -21 Accepting Various Donations Action Requested: Adopt Resolution. Information / Background: 'w911��r\ 0 e Cn lees Agenda Item #: VIII. A. Action CK Discussion ❑ Information ❑ In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the recipients departments for your consideration. Attachments: Resolution No. 2013 -21 City of Edina • 4801 W. 50th St. • Edina, MN 55424 RESOLUTION NO. 2013-21 ACCEPTING DONATIONS ON BEHALF OF THE 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: John Blair Four Rolls Metallic Tape & Small Ziplock Bags Cathy Carlson Five Art Books Barbara La Valleur $348.25 Donation of Edina Sculpture 2012 Proceeds From Sale of Books To Benefit Edina Public Art Committee Edina Park Department: Chris Davis, Concord USA $31,090 Courtney Field Scoreboard Tour De Edina $3,500 Bike Racks Dated: February 19, 2013 Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK James B. Hovland, Mayor I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of February 19, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of City Clerk To: MAYOR AND COUNCIL From: Debra Mangen City Clerk Date: February 19, 2013 Subject: CORRESPONDENCE Action Requested: Attached is correspondence received since the last Council Meeting. No action is requested. C, e v g �y • ,�COAPOSiA��O • tsss Agenda Item #: IX. A. City of Edina • 4801 W. 501h St • Edina, MN 55424 Action ❑ Discussion ❑ Information Susan Howl Subject: Issues from JMS work at 4524 Bruce Ave. Dear City Council Members, Erik and I are writing today to update you on the multiple issues we have experienced as a result of the new construction being performed by JMS Homes at 4524 Bruce Avenue, Edina. We have lived in our home at 4522 Bruce Avenue since 2005. The item of greatest concern is listed first, but we also wish to share the many challenges and difficulties that we have experienced during this process. You will also see attached email correspondence illustrating our attorney's attempts to bring the first issue to resolution, but JMS has been non - responsive. 1. Significant damage was done to our driveway, iron fence and gate, and backyard tree during the excavation process at 4524 Bruce Avenue, which began on December 3, 2012. This has created significant financial consequences due to the need for repairs and limited use of our property. Despite repeated outreach from our attorney, beginning as early as January 4, 2013, this issue has not been resolved. - As per the email we sent all City Council members on December 7, 2012 significant damage was done to our driveway during JMS's excavation of the property at 4524 Bruce Avenue. We know that Mayor Hovland, Joni Bennett and Mary Brindle all witnessed this damage themselves during the weekend of Dec 7 -9th. The damage was so significant that engineering officials and City of Edina Building department employees indicated that it would be unsafe to use our driveway for a period of approximately 6 days until JMS could provide temporary shoring up of my property. We have been told by engineers that a significant portion of our driveway will need to be repaired in the spring as the ground settles and additional cracks appear due to the warmer weather. This will prevent us from accessing our driveway or garage until the repairs are complete. - Additionally, the excavation caused significant damage to our iron gate, which we use to close off the driveway so that our Golden Retriever can be contained in the backyard. The excavation work caused our fence to be so significantly loosened that it visibly crooked and unstable. Repairs to stabilize the posts and replace damaged sections of the fence will also mean that we cannot use our fence and gate for several days and therefore, can't let our dog out into the yard as we normally do throughout the day. -The roots of our backyard tree situated just west of our driveway were significantly damaged due to the excavation work as well. - Throughout this driveway issue we were in continual contact via email, phone and in person with Mr. Steve Kirchman and building inspectors including Greg Bomsta and Mike Kuisle. They were highly responsive and helpful during, a very difficult few weeks during which the damage occurred and afterwards as we awaited temporary repairs to allow for resumed use of our driveway and iron gate. Building Inspections took multiple photos of the damage that was done to our property and Mr. Kirchman sent me copies via email of these photos. - Edina's Construction Management Plan as found on the City website indicates in item 44 "The Contractor is responsible for repairing any damage to public streets or adjacent properties." Note: JMS has yet to demonstrate a good faith effort in coming to agreement for repairing the damage incurred to our property by their actions. We have incurred substantial legal fees throughout this process as well, through no fault of our own. As of Feb. 14th, our attorney (Gregg Collins) indicated that Matt Hanish of JMS said that he has not met with Steve or anyone else at JMS to discuss the Agreement yet. When Mr. Collins inquired as to when that may happen, Matt Hanish replied "in the next couple of days ", but Matt also acknowledged that nothing was presently scheduled. (PLEASE SCROLL DOWN TO THE BOTTOM OF THIS EMAIL TO SEE THE FORWARDED E -MAIL EXCHANGE BETWEEN OUR ATTORNEY, GREGG COLLINS, AND MATT HANISH OF JMS.) Please note that our attorney has been attempting to get a response since January 4, 2013. Mr. Hanish claims not to have received our attorney's communications, but Mr. Collins was clearly using the correct email address throughout the process. 2 Multiple nails and roofing staples have been left on our driveway creating a safety hazard to our pet and potential damage to our vehicle tires. This is in conflict with item 47 of the Construction Management Plan, which states: 5. "The Contractor shall keep the site, all streets, all sidewalks, boulevard areas and adjacent properties clean from waste, materials or refuse resulting from his operations on the site." - On three separate occasions in January we found a total of 6 -7 three -inch nails on our driveway. On the second and third time (January 29th) I spoke to one of the sub - contractor employees (Kevin from Bluejack) about this issue and he indicated that he'd do his best to avoid this, but it was very difficult because the house being built is to close to our property. Because our dog uses the driveway and backyard throughout the day, these nails pose a very real safety concern and could create significant harm if one of these nails were to get stuck in his paw. Below is a listing of all other dates and quantities of nails and staples we have found in the middle of our driveway where our vehicle passes multiple times daily: - February 4th: 20 -25 roofing staples and 1 one -inch long nail - February 5th: 3 large three -inch long nails and 1 one -inch long nail - February 7th: 1 one -inch long nail with staples on it - February 8th: 1 3" long nail and 2 one -inch long nails with staples - February 12th: 17 nails total, including 2 two -inch long screws and 15 one -inch long nails - February 13th: 2 three -inch long nails, 3 one -inch long nails This makes a grand total of 31 nails that I have saved and have pictures of. (I emailed photos of these nails to Mr. Kirchman on Feb. 12 and 13 if you would like to see them.) One might see a few nails as a careless mistake, which is bad enough, but 31 nails in less than ten days suggests a blatant disregard for our property and the safety of our dog and my vehicle tires. I have communicated with Scott Whitworth of JMS about this issue on multiple occasions, including Feb. 4, 7, and 12. Despite assurances that this issue would be managed, it continues to occur. This poses a continuing threat to our dogs' paws and my vehicle tires. 3. Noise from construction is audible seven days a week and compromises our ability to fully enioy our home on weekends and evenings. - The City of Edina Code 1040.03 states: "No person shall engage in or permit construction and repair activities involving the use of any kind of electric, diesel or gas - powered motor vehicles or machine or other power equipment, audible beyond the property line of the property where the activity is occurring, except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 7:00 p.m., Saturday, Sunday and holidays (New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas). " - We understand the intent of the 7 day work allowance may have originally been to allow residents who work full time to work on their homes on weekday evenings and /or on weekends. However, in this case, JMS Homes, a professional builder has been working consistently on weekday evenings and on weekends. While their work ethic may be admirable, it is truly difficult to live in a state of continual construction noise, starting as early as 8:00 am on Saturdays and Sundays (a supposed "day of rest ") and well past the dinner hour on week days. This noise includes generators, vehicles loading and unloading, hammering and pounding. - On Saturday February 9th JMS's subcontractors began working at the site and woke me up at 7:10 am. An Edina Police officer had to come to the site twice to tell the workers they are not allowed to work until 8:00 am on Saturdays before they listened. Improvement suggestion: Restrict the hours of construction noise down to Monday - Friday 7:00 am - 7:00 prn and Saturday /Sunday 9:00 -6:00 pm. This would ensure that the "majority" of the day on weekdays is not spent listening to construction noise by cutting work time to 12 hours. You could then allow longer hours on case -by- case basis, requiring City approval and prior notification to neighbors. 4. JMS's workers have trespassed on our property several times during the course of the project, especially during excavation, as well as February 4th and as recently as this week, - JMS's workers have accessed our property on multiple occasions without our permission. On February 4th, I (Ann) returned home from a 45 minute appointment to find my driveway and garage blocked by a roofer's ladder that was leaning up against my iron fence. (If the 5' wide side setback does not allow builders to perform their work without trespassing on neighbors' property, then either the builder should plan for a smaller footprint on the home or the setback requirement should be increased.) 5. JMS's workers repeatedly violate Edina Ordinance 1400.10 by parking within five feet of my driveway and other private driveways on Bruce Avenue. - Today I had to call Edina Police twice due to this issue. First around 11:45 am, a work vehicle was parked about 2 ft from my driveway, inhibiting my ability to pull into my driveway. Later at 2:35 pm when I was trying to exit my driveway to pick up my daughter from school, both the road and my driveway were blocked by a large truck. Despite having one worker sitting in the truck, the truck's driver was inside the JMS home and I had to wait 10 minutes until the truck was moved out of the way. While this occurred, about 3 vehicles traveling south on Bruce Avenue were also blocked and the road was impassable. This ordinance is clearly laid out in the "Construction Management Plan 2012" document as found on the City of Edina website: 5. Edina Ordinance 1400.10 Parking, Stopping and Standing, Loading shall apply as follows: No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: a. On a boulevard between sidewalk and roadway; b. Within five feet of the intersection of any public or private driveway or alley with any street or highway; Additionally, earlier this month at 4528 Bruce Avenue a motor vehicle accident occurred as the resident at that address attempted to pull out into the street and collided with another vehicle due to severely limited visibility caused by vehicles parked within 5 feet of her driveway. This accident resulted in significant damage to her vehicle and she had to pay a $1,000 insurance deductible as a result. Additionally, damage occurred to the other car, which is also owned by a resident of 4500 Bruce Avenue. Fortunately, no one was physically harmed. We hope that the content of this email outlines clearly how JMS's disregard for neighbors and our properties is impacting us and other Bruce Avenue residents. Thousands of dollars in damage has already occurred, while safety hazards continue to exist, including parking issues and hazardous materials being left on our property. My husband and I have been forced to spend many hours identifying, recording and reporting the multiple issues outlined above over the past several months. We hope you will be supportive and protective of the rights of Edina homeowners like us in the face of builders seeking to make profit. It does not seem fair or reasonable that they should be allowed to conduct their business in a manner that is so neglectful andreareless of those around them and violates City Code. We ask that you please support us in seeking resolution to our driveway, fence and gate issue prior to issuance of final permits, approvals or certificate of occupancy for the property at 4524 Bruce Avenue. Sincerely, Ann and Erik Wordelman 4522 Bruce Avenue Edina, IV1N 55424 ---------------------------------------------- Begin forwarded message: From: Gregg Collins <g Collins(a)-mulliganbjornnes.com> Subject: RE: Contact Info Date: February 11, 2013 9:30:52 AM CST To: Matt Hanish. <matth(a-)_jmscustom homes. com> Cc: "scottw fimscustomhomes.com" <scottw . Imscustomhomes.com >, "j ell@,imscompanies.com" <jeff(@_imscompanies.com >, "wordelman(@.comcast. net" <wordelman(d_)comcast.net >, "EWordelman(@SpencerStuart.com" <EWordelman(a)-SpencerStuart.com> Matt: I am attaching the string of a -mails that I have sent to you over the last 5 weeks. I am also attaching the draft Agreement that was attached to the original e-mail and every follow up e-mail. Please note that your e-mail address on every e -mail in the string is correct. Also, I never received a bounce -back message on any of the a -mails I sent, indicating that the message failed to go through. Also, to be clear, up until last Friday I did not copy either Jeff or Scott on the e- mails, but I did last Friday. If by your e -mail below you are telling me that neither Scott or Jeff received my e -mail from Friday, then there is a serious credibility issue. I am again copying Scott and Jeff with this e-mail. Since we have been waiting over 5 weeks for a response on this matter, I would appreciate a response from the appropriate person at 1MS in the next couple days. Thank you. Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins @mulliganbiornnes.com 1 www.mullipanbiornnes.com This a -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Matt Hanish [mai Ito: matth ab"mscustomhomes.comI Sent: Monday, February 11, 2013 9:16 AM To: Gregg Collins Subject: Contact Info Greg, As I indicated in our phone conversation, to date, I have not received any correspondence from you or your office via email or regular mail. I also spoke with Jeff and Scott and neither received your correspondence. Please provide any correspondence by replying to this message. Thank you. Sincerely, Matt Ifanish Vice President Construction „Mc Custom Homes, LLC 525 :i 5th Ave S Hopkins, MN 55343 (952) 294 -2123 Direct (952) 949 -3630 Main (952) 292 -7895 Cell (952) 949 -3730 Fax MN Builder License ##BC392462 VOTED 2011 BATC BUILDER OF THE YEAR by the Builders Association of the Twin Cities (BATC)I 2011 www. jmscustom homes. com CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain proprietary and privileged information for the use of the designated recipients named above. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Gregg Collins < coq Ilins amulliganbiornnes.com> Subject: FW: Wordelman property Date: February 8, 2013 4:56:23 PM CST To: "matth(aimscustom homes. com" <matth .imscustomhomes.com> Cc: "scottw imscustomhomes.com" <scottw(cDimscustom homes. com >, "jeff(@,imscom pan ies.com" <ieffaimscom pan ies.corn>, "wordelman(aD.comcast.net" <wordelman(a)comcast.net >, " EWordelmanCa�SpencerStuart.com" < EWordelman(cD-SpencerStuart.com> 9 Matt: It has now been over a month (Jan. 4) since we sent you a draft Agreement relating to resolving the damage that JMS has caused to the Wordelman property as a result of your construction activities next door. Despite sending two follow up a -mails as set forth below, you have completely failed and refused to contact me. It is the Wordelman's preference to resolve this matter amicably between themselves and JMS. However, if you refuse to respond to our communications you will leave them no alternative but to take this to another level, either legally or politically through the City of Edina. In your notification letter to the Wordelmans dated Oct. 29, 2012, you committed to them and assured them that you would "replace and repair to its original condition any disturbed areas including grade, sod and landscaping that is disturbed due to our construction activities." It is time make good on those assurances and commitments. Please contact me on or before Tues., Feb. 12, or you will leave the Wordelmans no alternative but to take steps to force JMS to honor their commitment. Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins@mulliganb6ornne5.com I www.mulliganbiornnes.com This e -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins . Sent: Sunday, January 27, 2013 2:58 PM To: matth(j5)jmscustomhomes.com Cc: wordelman(acomcast.net Subject: FW: Wordelman property Matt: Following up on the e-mail and Agreement I sent you on January 4. 1 am still waiting for either someone at JMS or your attorney to contact me. If you fail to respond, you will leave us no alternative than to enlist the assistance of the City of Edina in getting you to respond on these issues. Please get back to me in the next couple of days. Thank you. Gregg Gregory J. Collins 6 q ralf3. Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612- 879 -1816 1 Fax 612- 871 -7869 gcolli!2L@mulliganbiornnes.com I www.mullipanbiornnes.corim This e-mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins Sent: Monday, January 21, 2013 11:23 AM To: matth ((Dim scustom homes. corn Cc: wordelman(&comcast.net Subject: FW: Wordelman property Hi Matt: Following up on the e-mail and Agreement I sent you below. Please get back to me or have your attorney contact me on this in the next few days. Thank you. Gregg Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins@mulliganbiornnes.com I www.mulliganboornnes.com This e -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins Sent: Friday, January 04, 2013 3:33 PM To: matth(�)j_mscustom homes. corn Cc: wordelman comcast.net Subject: Wordelman property 7 Hi Matt: As we discussed previously, the Wordelmans want an agreement between them and JMS regarding any work that is going to be done on their property going forward to address the issues that arose out of your excavation and the resulting undermining of the support for their driveway. I have prepared the attached Agreement to address those issues. By way of background, which I believe we discussed briefly during our telephone conference, we have been in consultation with two engineers who have told us that the supporting soil under the driveway has been compromised by the sloughing of the soil into the excavation, and as a result the driveway will need to be replaced so the soil can be properly compacted from above. Also, the Wordelmans have discussed the tree issue with an Arborist who has indicted to them that it could take up to three years for any tree damage to become evident, hence the three year time period in the Agreement. I left the attorney's fees amount blank. The amount to be inserted will depend upon how much in the way of additional fees will be generated in order to finalize the Agreement. At present, the Wordelmans have incurred $3,225.00 in fees relating to.this matter. Please review the Agreement with your attorney and have him or her contact me with any questions. G regg Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612- 871 -7869 Collins mulli nnbio� rnnes.com www.mulliganbiornnes.com 8 AGREEMENT by and between J.M.S. CUSTOM HOMES, LLC ( "JMS ") and ERIK J. WORDELMAN AND ANN -MARIE B. WORDELMAN (collectively the "WORDELMANS ") RECITALS: FIRST: JMS is the owner, developer and general contractor for a lot and home being built at 4524 Bruce Ave., Edina, MN (the "JMS Lot "). SECOND: The Wordelmans are the owners of a lot and home located at 4522 Bruce Ave. Edina, MN, to the North of the JMS Lot (the "Wordelman Lot "). THIRD: The excavation for constructing the new home on the JMS Lot has resulted in the sloughing of soil from the Wordelman Lot into the excavation, undermining the support for a portion of the Wordelman driveway and damaging the support for the Wordelman fence that runs along the side of the driveway. FOURTH: JMS acknowledges responsibility for the fence and driveway undermining and in order to avoid a dispute and potential litigation regarding such in agrees to repair the fence and replace portions of the driveway in accordance with the terms and conditions contained in this Agreement. THEREFORE, for good and valuable consideration, including the mutual promises and obligations contained herein, the parties enter into this Agreement according to the following terms and conditions: Work and Payments by JMS agrees to do the following: a. Temporarily support the Wordelman fence and gate, so as to make it safe and operable pending replacement of the driveway and permanent reinstallation of the fence as provided below. b. Pay for the cost of replacing the Wordelman driveway, with a comparably constructed concrete driveway, from the first expansion joint east of the gate to the rear of the driveway. Construction of the driveway will take place in either the spring or summer of 2013. Prior to replacement, the driveway bed will be compacted under the supervision and testing of Braun Engineering to obtain a compaction level of 100 %. The Wordelmans will obtain a minimum of three bids 675000Agreement121712 (3).doc for the work and may choose the company providing the middle or the lowest of the three bids to perform the work. C. Pay for Midwest Fence (original installer) to reinstall the Wordelman fence following or in conjunction with the replacement of the driveway. JMS will also pay for any fence or gate components that have become damaged or inoperable or need replacement as a result of the excavation and construction on the JMS Lot. d. Pay for the replacement, with comparable mature trees, of any of the maple or pine trees in the southwest corner of the Wordelman Lot that turn out to be substantially damaged or die within the next three (3) years, the roots of which were cut or disturbed during excavation. e. Pay for the survey work needed to assist with the reinstallation of the driveway and fence to be sure they are placed in their same location, and within the easement granted to the Wordelmans by the predecessor owners of the JMS Lot. The parties agree to the use of Carlson McCain for this work, as they have already done an "Existing Conditions Survey" for JMS showing the original location of the driveway and fence. f. Pay the Wordelmans the sum of $3,000 upon the execution of this Agreement, as compensation for their inconvenience and loss of use of their driveway and garage as a result of the undermining and during the period of replacement, as described above. g. Pay for the Wordelman legal fees and costs incurred pertaining to this matter, including but not limited to the preparation of this Agreement, up to an amount not to exceed $ . A copy of an itemized statement will be submitted by the Wordelman attorneys to JMS for the fees and costs, which shall be paid by JMS within 30 days of submission. 2. Escrow. JMS agrees to escrow with the closing title company upon the sale of the JMS Lot and home, the sum of $40,000 to be used as payment for the work described above. Release of the escrow funds for payment of the described work shall be allowed only upon written agreement of both JMS and the Wordelmans. 3. Release of JMS. Upon completion of the work and payments as outlined in in paragraphs 1 and 2, the Wordelmans agree to release forever and discharge JMS from all claims, actions and liabilities relating to the undermined driveway and fence and damage to the trees in the southwest corner of the Wordelman Lot. 4. Non - waiver of Future Claims. It is understood and agreed that this Agreement is limited to resolving the known claims of the Wordelmans relating to the undermined driveway and fence and the possible claims relating to damage to the trees, due to root removal, in the southwest corner of the Wordelman Lot. The Wordelmans do not waive or release, and specifically hereby reserve, any unknown and /or future claims relating to their property that may potentially arise as a result of the construction activities of JMS. 675000Agreement121712 (3).doc 2 5 rel 7. Attorney's Fees. If litigation arises out of a breach of this Agreement, attorney's fees, costs and disbursements shall be awarded to the party which prevails on its claims at trial. Binding Effect /Assignment, This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, agents, representatives, officers, directors, and assigns. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. 8. Consent to Jurisdiction Service of Process, and Venue. The parties consent to venue and jurisdiction in the District Court of Hennepin County, State of Minnesota, and to service of process under Minnesota law, in any action commenced to enforce this Agreement. 9. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior oral or written agreements and undertakings regarding the same subject matter covered by this Agreement. This Agreement may not be amended other than by a writing signed by the parties. 10. Severability. If any provision of this Agreement shall, for any reason, be adjudged to be void, invalid or unenforceable by a court of law, the remainder of this Agreement shall continue and remain in full force and effect. 11. Enforceability. The forbearance of either party to enforce any provisions of this Agreement shall not constitute a waiver of that party's right to pursue any prior or subsequent breach, violation or default of the Agreement. 12. Counterparts/Signatures. This Agreement may be signed in two or more counterparts, each of which shall be deemed an original agreement but all of which taken together shall constitute one and the same document. Further, a signed document transmitted electronically shall be considered as binding as an original signature. 13. Effective Date. The effective date of this Agreement, or the measuring date for any term set forth in the Agreement, unless specified otherwise, shall be the date of the last signature set forth below. Dated: J.M.S. CUSTOM HOMES, LLC am Its 675000Agreement121712 (3).doc 3 Dated: ERIK J. WORDELMAN Dated: ANN -MARIE B. WORDELMAN Mr. James Hovland Mayor of Edina Edina City Hall 4801 West 501h Street Edina, MN 55424 Dear Mr. Hovland February 14, 2013 First, I want to thank you for your efforts and words to the MAC Council and FAA at the meeting to fight the new flight plan that sends the majority of take offs over Edina, in particular, the Brookview Heights neighborhood where I have lived for 24 years. I also attended the meeting and agree with you that we should share the pain, not concentrate it. When I moved here we had plenty of noise from the freeways around us but we knew it coming in. The noise was a trade -off for easy and fast access to the anywhere you needed to go. I never bargained for the added plane noise we are enduring since the two new runways were built. We have had many a family gathering disrupted and moved inside due to nonstop airplane take offs. It's bad now but in the summertime when we could be enjoying the outdoors we are forced inside. We are not done with the FAA, they will be back to push their agenda. Safety: as you stated, there are no current safety issues at MSP. Fuel savings: at whose cost? Make more energy efficient planes. Efficiency: again at whose cost? Not the airlines. In short, I want to be involved with the efforts to protect our environment and lifestyle in Edina. I would offer my property to install a noise monitoring device if need be. I have signed up for City Extra emails but would like to leave my contact information with you in case I can help in any way. Steve Johannes 5133 Danens Drive Edina, MN 55439 R. 952 - 828 -9415 C. 952 -457 -8538 Steve iohannes@sparboe.com Sincerely, Susan Howl From: Lynette Biunno on behalf of Edina Mail vent: Thursday, February 07, 2013 10:35 AM mac: Susan Howl Subject: FW: Thoughts on appointments to City Boards & Commissions Lynette Biunno, Receptionist 952- 927 -88611 Fax 952 - 826 -0389 Ibiunno0)EdinaMN.gov 1 www.EdinaMN.gov For 1_ivinly, Learning, Raising Families & Doing Business From: Angela Berger jmailto:vonberger hotmail.coml Sent: Thursday, February 07, 2013 10:15 AM To: Edina Mail; ,jonibennettl2(@comcast.net; Mary Brindle (Comcast); joshsprague(&edinarealty.com; swensonannl @gmail.com Subject: Thoughts on appointments to City Boards & Commissions Mayor Hovlund and fellow Edina City Council members, As the application process is closed for appointments to boards and commissions that advise the Edina City Council and you enter the interview stage of the selection process, I wanted to pass on a few things for consideration. In my opinion these appointments should ultimately be given to citizens qualified or interested in the topic area of the type of appointment they seek and who have the best interest of the city and their neighbors at heart. This of course is a definition that can be applied subjectively to a broad spectrum of people. However, I urge those that are conducting the interviews and making selection recommendations from the City Council to create a better representation of our community and the resident's desires than what I have seen in the past. My perception currently, is that these boards and commissions are populated with like minded individuals that create narrow agendas within their areas of expertise. Recommendations have come from these commissions and boards in recent years that do not have the full support of the community including: Bike path and pedestrian friendly transportation initiatives Domestic Partner Registry programs City Council Resolutions on State Constitutional Amendments Formation of neighborhood associations Public input is solicited in some cases for these new initiatives. However, these ideas should be more thoroughly vetted through the commissions and boards before they ever get to City Council and public input. The lack of diversity in political philosophy and life experiences creates an echo chamber where ideas that seem worthy don't come from a broad concensus of Edina residents but a very small minority of active citizens who get appointed. I feel the City Council would be best served by a broader representation of interests that could provide unselfish opinions and true counsel to its city leaders. I hope you take the opportunity in the coming month to look at applicants with new eyes and put an emphasis on their qualifications and what perspectives they could bring as advisors. Angela Berger Edina Resident Susan Howl To: Karen M. Kurt Subject: FW: Objection to City drawn "Neighborhoods" and to assignment of my street Belvidere Lane From: Gary Hudson (mailto:ghudson4034@gmail.coml Sent: Thursday, February 07, 2013 1:52 PM To: Edina Mail Subject: Re: Objection to City drawn "Neighborhoods" and to assignment of my street Belvidere Lane Thank you, Lynette, The map in the Sun Current is very difficult to read. I went to the City of Edina site and finally found the maps. Not easy to read there, either, because the lines are so pale. But I am mistaken. Belvidere Lane is in the South Cornelia area. Nevertheless, I feel I have a point about a consistent western boundaryt for the Lake Cornelia and South Cornelia areas. Perhaps you would be so kind as to forward this, also, to the Mayor, other Council Members, and City Manager Neal Thank you. Gary Hudson > - - - -- Original Message - - - -- * From: Gary Hudson f mailto:ghudson4034 @>;maii.comI > Sent: Thursday, February 07, 2013 1:09 PM > To: Edina Mail • Subject: Objection to City drawn "Neighborhoods" and to assignment of • my street Belvidere Lane > Please forward to City Council Members, including Mayor Hovland and to > City Manager Neal > City officials: > I respectfully but strongly submit an observation and a request. > I agree with Council Member Brindle that city drawn neighborhoods are not necessary, and I wish to dispute the placement of my street Belvidere Lane. > When I purchased my home at 4512 Belvidere Lane in 2003, the Edina Realty listing indicated the home was located in the desired Cornelia area. Belvidere Lane is a one -block street located between Wooddale and West Shore Drive. Cornelia Elementary School is just a couple of blocks away. > In the February 7th Sun Current I find that in the present rendering, Belvidere Lane has now been located in the Lake Edina area, instead of South Cornelia. I have never seen Lake Edina and never shall. My associations with homes and residents is not to the south. > It is to the east and to the north. a 1 > Why, does the "neighborhood" for Belvidere Lane not have a western boundary of Highway 100 (or at least West Shore Drive), just as the Lake Cornelia area just to the north has a boundary of Highway 100? The current rendering makes no sense. > > On our national map, North Dakota and South Dakota share common eastern and western boundaries. > > If we must have "neighborhoods," please reconsider and return Belvidere Lane and environs to a Cornelia designation. > Please reply. > > Gary A. Hudson > 952 -929- 0634` > ghudsoh4034Pgmail.com . 2 Susan Howl 2 -7 -13 Members of the Council: Thank you for the opportunity to apply and interview for the opening on the planning commission. As I stated in the interview, I think I would be an outstanding planning commission member. I come with no pre- conceived notions or axes to grind ... only a,passion to see Edina continue the excellence and make this community even better with thoughtful vision and planning. You noted that there are many experts such as lawyers, real estate agents, developers, architects, etc. in the mix. I believe that no one has the community expertise that I bring as well as critical work experiences. I would specifically point to the fact that I was not just director of community educations services and in my later years, director of communications. My title for many, many years also included "and facilities." Our $44M referendum in the 90's was totally overseen by me. The details of building codes, variances, working with construction managers, union trades, contractors, architects both building, civil and landscape, etc. are all areas of experience. In addition, 1 was directly involved in the last referendum as well. Many people note the operation of the Community Center, community education, and communications as my only background. That is incorrect. As a long time resident, I have seen Edina undergo a progressive renovation and know that the people of Edina demand due diligence and outstanding planning. My passion is service. In addition, my vast experience of working with the public, boards, committees, etc. are a big plus. I am hopeful that as you make your decision, you will look long term and not just to fill an immediate want. Being in the public eye, you are all aware of what I hope is an excellent track record of hard work, team playing, critical thinking skills, communication skills, administration to details, research, etc. Thank you again for the opportunity to apply and interview. I appreciate your willingness to share your time and talents on all of our behalf. Doug Johnson �i Susan Howl Subject: From: lane ayres [mailto:lanebfa(a)gmail.coml Sent: Thursday, February 07, 2013 9:21 PM To: Edina Mail Cc: Joni Bennett; Morningside Neighborhood Association Subject: damage to residential streets caused by heavy- weighted construction vehicles and dump- trucks. Please distribute the below email I originally sent to Councilmember Bennett to all Planning Commissioners, City Council members, City Manager Scott Neal, City Engineer Wayne Houle, Community Development Director Cary Teague and Mayor Jim Hovland. The photo of a my granddaughter and I watching a large flatbed truck with an earth- digging vehicle on the original email did not copy into this forwarded email. While I share Councilmember Bennett's comments below of finding a balance between the rights of property owners and of their neighbors on the teardown/rebuild issue, my point is different. It relates to the question of how much the homeowner abutting a new street pays for the rebuilding of that street. If you walk down Branson Street when it isn't covered with snow, you will see cracks in various directions all over the asphalt. This is a one block long street with little non - resident traffic. I believe that builders who use heavyweight construction vehicles in conjunction with new construction should be charged a fee per vehicle for the cumulative damage that over time they cause. Those fees can be used to offset the costs of city street repair and rebuilding. Thanks for considering this suggestion. Lane Ayres, 4407 Branson St. ---- - - - - -- Forwarded message ---- - - - - -- From: Joni Bennett <jonibennettl2 a,comcast.net> Date: Thu, Feb 7, 2013 at 3:36 PM Subject: Re: Photo from the front yard of 4407 Branson St.- -early fall 2012 To: lane ayres <lanebfaaFinail.com> Dear Mr. Ayres, Thank you for your thoughtful email and photo illustration. I see today that you have forwarded it to the Morningside Neighborhood Association. The MNA Steering Committee is studying issues related to residential reconstruction and will convey information and make recommendations to the Planning Commission and City Council. I encourage you also to send your comments and photo directly to City Hall for distribution to Planning commissioners and City Council members. You can find names and individual. email addresses on .the city website at www.EdinaMN.gov. In the alternative, you can send a single email to mail ,EdinaMN.gov with the request that it be distributed to all Planning Commissioners, City Council members, City Manager Scott Neal, City Engineer Wayne Houle and Community Development Director Cary Teague. Edina requires builders to pay for repair of damage to sidewalks, streets, curbs and gutters. It would be helpful to see the information you found about cities that require builders to pay for street reconstruction. Can you send it in the form of attachments to or hyperlinks in your email? The Council is holding a work session with the Planning Commission at 5 p.m. on Tuesday, March 5. The meeting is open to the public, upstairs in the Community Room at City Hall, and will be audio taped. Discussion at the meeting is conducted among commissioners, Council members and city staff. Residents are welcome to comment in advance or after the meeting. I am looking forward to seeing recommendations for changes both in the zoning code (massing) and construction management ordinances, policy and practices. My goal is adoption of changes that will strike a balance between the rights of property owners to remodel and rebuild and the rights of neighboring property owners to peaceful enjoyment of their own property. Thank you again for your email. Please let me know if you have any other questions or comments. Sincerely yours, Joni Bennett Edina City Council member jonibennettl 2(a�comcast.net 952 -927 -0661 On Feb 5, 2013, at 9:26 AM, lane ayres wrote: Dear Councilmember Bennett, there has been a lot of discussion since last year about street and curb replacement in Edina and the percentage of the costs that are billed to the homeowners on a given street versus spread across city taxpayers. I have a suggestion for another way to recoup at least a small portion of the costs. The below photo is not the picture most prominent in my mind, but it is representative of my suggestion. The above photo is of me with my then about 1 year old granddaughter Harriet. What is in my mind more I did not take photos of. Last fall a new house across the street and down from ours was being constructed after the previous house had been torn down. The address is 4310 Branson. There had to be lots of large trucks needed to haul away the house remains, but what I remember was later. On another fall day my granddaughter, my wife and I spent the afternoon in our front yard. We watched over a period of time as between 35 and 40 or more large 16 wheeled dump trucks carried the dirt and sand away to make the hole for just this one new basement. Each truck must have weighed several tons empty, and many more when full. They were lined up in front of the house, then loaded and driven away one at a time, with empty trucks constantly pulling up. I could almost hear the asphalt groaning and feel the small breakup of it's composition as each truck went by our house. There have been several new houses constructed in the last few years just on my one short block, and more are planned. It's clear that our street, Branson Street, will need replacement sooner because of this extra wear and tear. I suggest the enactment of some appropriately significant fee for new construction in Edina based on the number of vehicle trip in various weight categories that are needed for tear -down and construction. The need for road repair is an indirect cost of home - building, and it is reasonable for the builder to bear that cost. From a cursory internet search it appears this is already being done in other cities and states. I hope the City Council and Mayor will positively consider this suggestion. Let me know if you have any questions or thoughts about this. Thanks for the good work you do for our city. Best wishes, Lane Lane Ayres 4407 Branson St., Minneapolis, Mn. 55424 H- 952- 929 -4868 C- 612 - 616 -5661 Susan Howl Subject: Edina /Hopkins School District Boundaries To: Mayor James Hovland Jim, hope all is well and you are having a good weekend. As we have discussed and agreed upon during a couple of different conversations, the financial relationship between the City of Edina and the Edina School District is relevant to our neighborhood campaign to detach from the Hopkins School District and attach to the Edina School District. I am trying to get a picture of this financial relationship, and cannot find much of use on the internet. I am hoping that given your support of our efforts, and that we are Edina taxpayers, the City and /or you can help on this. In general, my objective is to get an understanding of the financial arrangements between the City and the School District. If I understand things right, there has been a history the City funding capital projects that are accessed by the School District through inter- governmental leases or other agreements. Not sure if there is anything over on the operating side of the city budget. Seems to me the best way to accomplish the objective would be to get a schedule of all expired, in force and pending (e.g. under negotiation) agreements between the City and the School District, to include the following: Title of agreement. General description of subject matter of agreement Date of agreement Term of agreement Amount and schedule of funds or other consideration transferred or to be transferred between the School District and the City (either way) Use of proceeds received by either City or School District under the agreement Description of any indebtedness incurred by the City associated with the Agreement, including any collateral to secure the indebtedness Anything else relevant to the relationship between the City and the School District. I'm thinking someone at the City must keep track of all this kind of thing, so hopefully there is something quickly available you can have sent. If I could get something by this Friday, it would be much appreciated. If I need to submit more formal to get this information (like a FOIA request or something else), please let me know right away. If you or someone on staff want to discuss, best way to reach me is on my cell phone number (provided below). I look forward to hearing from you. Thanks for all your help. Timothy W. Kuck Executive Vice President, Strategy & Business Development Universal Hospital Services 6625 West 78th Street Suite 300 Minneapolis, MN 55439 612.309.1632 (mobile) 952.893.3256 (direct), 952.607.3115 (fax), twkuck @uhs.com _ t From: Lynette Biunno on behalf of Edina Mail sent: Monday, February 11, 2013 8:56 AM Cc: Susan Howl Subject: FW: New bike lanes - -a note of support for the Edina City Council -` Lynette Biunno, Receptionist 5�: 952- 927 -8861 I Fax 952 - 826 -0389 1 :' Ibiunno6�)EdinaMN.gov I www.EdinaMN.aov For Living, Learning, liaising Families & Doing Business From: Cathy Gasiorowicz jmai Ito: cathygaz(5)yahoo.coml Sent: Sunday, February 10, 2013 4:42 PM To: Edina Mail Subject: New bike lanes - -a note of support for the Edina City Council Dear Members of the Edina City Council, After decades as Minneapolis residents, my husband and I moved to Edina July 2012. The lack of bike paths and lanes was nearly a dealbreaker for me, but in the end, the townhouse won out. Fast forward a few months and the landscape is changing! As enthusiastic recreational bicyclists, we were thrilled to see bike lanes popping up around Edina and are deeply grateful to the City Council for supporting this initiative- - no doubt you've had to deal with some intense opposition. Thanks again for helping make Edina a more bike - friendly community! Warm regards, Cathy Gasiorowicz 612.867.9804 cell cathyciaz@yahoo.com Susan Howl From: Lynette Biunno on behalf of Edina Mail Sent: Wednesday, February 06, 2013 10:22 AM Cc: Susan Howl Subject: FW: Interesting Article on Portland Ore Transportation Lynette Biunno, Receptionist 952- 927 -8861 1 Fax 952 -826 -0389 Ibiunno(o)EdinaMN.gov I www.EdinaMN.gov For 1_i�in�, learning, IZai�in , Families &.Doing Business From: Andrew Brown [ mailto •andrew.r.brown(a)att.netl Sent: Wednesday, February 06, 2013 9:40 AM To: Edina Mail Subject: Interesting Article on Portland Ore Transportation Dear Mayor Hovland, Below is a link to an interesting article on transportation in Portland Oregon, how it developed, where its going in relation to Minneapolis. http / /www m inn post. com /community voices /2013/02 /evolved- transit - city- portland -s- lesson- minneapolis Minneapolis is pushing for street cars going from downtown as far south as 46th street, could it ever be possible to have that run to 66th street and see a straight shot down 66th street from Southdale to the airport, giving people in Edina a legitimate option to taking Hwy 62 to the airport and downtown Minneapolis. (http://w\fvw.startribune.com/local/189070301.htmi) I fully understand the expense concern but its costing every commuter over $695 in just delays alone, not including normal gas, insurance and repair costs, per year. (http://www.startribune.com/local/east/189943801.html) It could also spur even more increased re- development in the Southdale Corridor, the old best buy store site, the old Wickes furniture site, and the Southdale Hospital facility to name just a few. Attached /Linked below is the United Street Car company Tuscon AZ project. http://unitedstreetcar.com/prowects/tucson-streetcar-promect http://vvww.tucsonstreetcar.info/ http://tucsonstreetcar.com/pdf/Building-the-Link.pd Thank you again Andy Brown 5512 Park Place 612- 220 -3045 Lunds 50th Grocery Stock crew 16 years Financial analyst Satellite Shelters Woody Ginkel 4801 Woodhill Way Edina, Minnesota 55424 February 1, 2013 To: Member of the City of Edina City Council Re: Neighborhood Association Policy Dear Council Members: I would like to make a few comments about the present proposal by the City of Edina to create new designated neighborhoods. I would like to comment on the noted purpose of your Neighborhood Association Policy and how such action would impact me. It appears that several people have spent much time to study and propose the creation of these new named neighborhoods. You describe this new policy's purpose as an action to facilitate communication between residents and City staff and officials. You envision that these new neighborhoods will foster interaction between individuals. How is the artificial creation of new "neighborhoods" going to accomplish this? I don't believe that all of the possible ramifications of your potential plan have been scrutinized carefully. The mere creation of new neighborhoods with new names and new boundaries will not better communication. I feel the opposite will occur. Your actions are divisive. They are antagonizing people who live in named neighborhoods now. Some of us find it more than exasperating that you intend to change history with the notion that it will somehow make life better for all. You cannot force the idea of community for the common good on people. You will be terribly disappointed with the outcome. I live at 4801 Woodhill Way in Sunnyslope. My wife and I and family moved here 25 years ago. Our neighborhood was platted over 70 years ago. There are 73 homeowners proud to live in this neighborhood. The original owner of my house moved here in 1949. He had an annual neighborhood Christmas party in his house going back to the 1950s. Our neighborhood has a Sunnyslope Association now. We have had two social gatherings every year for years and years. We publish an annual directory for all neighbors. We find now that you intend to place us in a new neighborhood called The Greater Country Club. 1, and I believe the vast majority of my neighbors, have no interest in changing our name. I would have no interest in participating or being involved in a Greater Country Club neighborhood. Why would I? Why change history under the misguided belief that you are improving City wide communication? I feel that your desire to improve your City by this action is at best pure wishful thinking. Should you approve this plan, you will not be creating new cooperation but rather fostering a very unhealthy confrontational atmosphere. I ask that you disapprove this plan. Sincerely, F1 V Re l - I Susan Howl From: Lynette Biunno Sent: Monday, February 04, 2013 12:51 PM To: Scott Neal Cc: Susan Howl Subject: FW: Resident's opinion on PACS fee Good afternoon, This message has been forwarded to the Mayor and Council members and Scott Neal. =` Lynette Biunno, Receptionist 952- 927 -8861 1 Fax 952 -826 -0389 yy _ Ibiunno(@EdinaMN.gov 1 www.EdinaMN.gov . ` ...For. Living, Learning, Raising Families & Doing Business From: Sharon Allison Sent: Monday, February 04, 2013 12:49 PM To: Lynette Biunno Subject: Resident's opinion on PACS fee Lynnette — Please forward this to the City Council and Scott, from Pat Teynor, 952 - 938 -1944: Summary: • On fixed income and cannot afford to pay additional fees • Does not have internet /cable /newspaper delivery — cannot afford these additional expenses • Cannot afford to put money in her grandkids cards • Set up as an opt -out option for those on fixed income • Make it voluntary so those who are wealthy can want the services pay for it • Set up users fee similar to pet licensing — those who want it pay for it • Creates liability — falling on sidewalk /getting hit on bike • There are poor people in Edina • No public process; feels sneaky • Will be talking with her senior friends about this She would appreciate a call. Thanks, ` Sharon Allison, Public Works and Engineering Office Manager 952- 826 -0449 1 Fax 952 - 826 -0392 SAllison(cDEdinaMN.gov i www.EdinaMN.gov ...For Living, learning, Raising Families & Doing Business 1 Sunday, January 27, 2013 To: Members of City of Edina City Council Re: Creation of New Neighborhoods We, residents of "Sunnyslope ", strongly disagree with the ongoing initiative of the City of Edina to create new neighborhoods with new boundaries and new names. Sunnyslope is a neighborhood of 73 homes platted over 70 years ago. We take great pride in living in here and being known through history as Sunnyslope. We ask that you disapprove the current plan to no longer recognize Sunnyslope, a,N,9- nc91t- include it in a new area called Greater Country Club. G `mow k�50\ q gv1 C- sLAVI- ,jsl "C-e- RCA. V31:3 w m�c) V40 q 5t4"1/17 Y L11 Y 6 ? ,V L 6\j LA- SUNNYSLOPE PETITION Old ele-C � w fw� a4o-�n- �9, ou a `f C—p O jc— S c/NN�SLpP� A t r 4q L(p VBib W @vb)c%ll IN�i Notes from the Edina Chemical Health Partners Meeting January 17, 2013 Hot Topic: Darin Erickson Assistant Professor Division of Epidemiology & Community Health He began with a description of what they do and what they don't do. Their focus of research and policy is the role of the environment and how it is related to the community. It combines public health and environmental influences. Darin stated that we like to say we do not deal with things under the skin, like genetics, personality etc. Those things are important in context but that is not what they study. We study the influences "outside the skin" and how that affects behavior. We talk about the environmental influences and associated problems. Darin stated that we can start out by saying that there is fairly good evidence that as alcohol is more available, it is used more. Another way to say it is that as alcohol is more physically available, use increases. Such things as how many outlets there are, and the economic availability are the issues we look at. We ask and compare, what is the price of alcohol? This is the big topic of the day. The price is the hottest topic. The reason is that the cheaper it is, the more people use it. Hundreds of studies have looked at that . Increased alcohol use and problems go together. Alcohol is a dangerous drug. Some people ask, how could it be dangerous, if it is legal? It is necessary to use a clarification of the dangers. When you stack it up against other drugs that are not legal, alcohol comes out as very dangerous. Policy changes that get at restrictions and that actually limit, are really designed to get at reducing availability. A comment was made that the MN Licensed Beverage Association desires to loosen restrictions on alcohol sales. Darin stated that there is no research on relaxing the 60 -40 ratio. He said that he cannot provide any information on that. Darin stated that he will talk about a couple of studies that might be of interest and the effects that these have. When a community requires the food and alcohol sales ratios, it essentially says that we aren't going to let anyone put up a bar. The ratios require a larger staff and a real kitchen. By doing this, it limits more alcohol outlets. He noted that you are increasing costs for the business. In a bar, alcohol is cheaply priced. By requiring food sales, alcohol is more expensive in a restaurant than in a bar. It curtails consumption. It is like a speed bump. This is all about slowing consumption. The ratios are all reasonable. I cannot definitively say it does these things, but pricing tells something. Darin noted that not every place uses a 40/60. For a research project on this food /alcohol sales ratios, you would have to look at the past 5 years. In trying to look at this, we can't randomly assign this. First of all, the data is not available. In the state of MN, we have 11,000 establishments in the state. We get this information from the State of MN, however we don't know when looking at the data, if it is a restaurant or a bar. It would be great if I could count up the number of bars and restaurants, and if I could compare beer /wine establishments to the full service liquor. In California, they do show the difference between licensees with on /off sales of alcohol. They have 50 different types of licenses. They know much more about the specifics of their licensees, such as brew pubs, vineyards with alcohol service and so on. They do not have food and alcohol ratios, but they say you have to maintain a kitchen with specific license types. A bar or nightclub is a different type of license. One type of license requires a snack bar. In California, I can see all the establishments that have to sell food and those that don't. We know that a greater density of outlets leads to negative issues in the community. Higher density of bars is associated with more assaults. However, a higher density of restaurants is not associated with assaults. When looking at the density of off -sales establishments, this does not show a significant association with assaults. A question was asked about whether population is calculated into this. Darin responded that a lot of us in this field of research, use the square miles or roadway miles to correlate the data. Imagine that you are at home, how far do you have to go to get it? What is the physical availability of it. if it is a mile, compared to three miles to get alcohol, that is what we are looking at. In calculations, the number of alcohol outlets is divided by the number of roadway miles. Census data such as home value, and income is thrown in too. Darin stated that in an another study, social workers looked at child maltreatment. The variable of the number of child maltreatment reports showed no relationship with restaurants versus more child maltreatment with bars. However, we are pretty confident that as alcohol becomes more available, we see that it is linked with crime and other effects. With the current state of knowledge, and as a researcher, I am not an advocate of increasing alcohol sales. Discussion followed. It was noted that there seems to be a trend that there is a relaxing of alcohol sales. A comment was made that the Sunday ban is dropping in other states. There has been some talk of getting rid of the ban in Minnesota. We did see the change from ending bar sales at 1 AM to 2 AM. These efforts for relaxing alcohol sales are widespread across the country. A comment was made that privatization has been greatly changed across the nation. Statewide municipals have gone away. Another comment was that density in our nearest neighbor to the north, in Minneapolis - -- there has been a 40% increase in alcohol licensees. There are many economic factors. Some of the economic decisions are winning the battle versus public health considerations. Public health is losing out to economic factors. The data is pretty straightforward. It doesn't make sense that we could increase over 40% and not see an effect. A question was asked about what is exactly the difference between a bar and a restaurant? What about the restaurants that have bars inside... essentially barstaurants? One could be a corner bar and the other could be a downtown bar with seating for 800. Some restaurants are a breakfast, lunch and dinner diner, and then transform into a bar at night. Darin stated that one way that researchers can look at this is to look at the fire capacity, the paper you see hung on the wall, otherwise every establishment in Minnesota is counted the same. For example, there is Appleby's with a full bar, Pizza Hut with a beer licencse and Chucky Cheese with beer only. We also have the 3.2 issue. Darin noted that he can separate the spirits issue versus beer only. He stated that as we are getting more restaurants with bars in the restaurants, it is getting harder to tease apart. If you walk into an Appleby's at 9PM, it will look like a bar. From a community perspective, we can look at it. Appleby's probably functions largely as a bar at night. Mary Brindle noted that there is a trend toward a TAPAS or small plate. If you order the small plate, and the liquor cost is high, the 40/60 ratio is blown apart. The price points look good in the Edina establishments. The premium margaritas start at $10.00. We are looking at the trends right now. We have never had a happy hour and now we have a happy hour. The restaurants at 50th and France are jubiliant. The Edina Grill and Mozza Mia are saying sales are up. It is true that there is a general relaxing of the ordinances, but we can't say that we cannot look at the real world. What we determined was that we prohibited the "twofers ". We gave the businesses a choice to re- price. We are still making it harder than in some of the other communities. The police officers don't set policy. Ancectodally, there have been no increase in calls for service to the police, since the happy hour was established. We have the police officers prevalent in the community. They are visible, and they are part of the fabric of the community. They are seen at the shopping areas, and the mall. Business owners appreciate this. A comment was made that "Uptown" in Minneapolis is the best example where rampant bar culture caused community problems. When so many licenses were added, it became like a localized clubbing scene. Edina is not a club atmosphere. We have a unique feel. Brian made the comment that the police are on the back end of the night. We don't play around. At Point of France, we will prosecute, we aren't going to do shenanigans. Darin noted that we are talking about a whole set of diverse communities. We may think that when density goes up, affluent communities can probably buffer this. In research, our hypothesis was that poorer neighborhoods would show greater effects from increased density. It seemed that cohesive communities, with neighborhood . associations would buffer crimes, and that a tightly knit community could deal with issues. However, there was no relationship. If there are more bars, there are more problems. Mary stated that the ratios will be looked at during an upcoming work session, and it might be in the first quarter. A comment was made that Do -Town is a focus on healthy behaviors for the community that Edina has endorsed. There are pledges made for important topics. It seems like Do -Town should consider substance abuse. �`D- ea.,,� C�ciric� CIt'�J CIOLM b���e�!C, ��� �y�. the ccs�o�es wre k li�uj O1r P� +KO& I +hind, we nt�A- �,OW tj OAIJ they mea fo qa �10 oo�- come .6 6%c If-i, v b VIDf- W"�- 4t. ccr*lkf 0 �5v YO( umside�rl � will Ain 60,A*&AC 10 Susan Howl From: James Hovland Sent: Tuesday, February 12, 2013 2:18 PM cc: Susan Howl Subject: FW: more MMBA info _ ._ . .-. Lynette Biunno, Receptionist . I� 952- 927 -8861 i Fax 952 - 826 -0389 r'• .i Ibiunno(a7EdinaMN.gov I www.EdinaMN.gov ...For Living, Learning, Raising Families & lloing Business From: Scott Neal Sent: Tuesday, February 12, 2013 1:40 PM To: 'Jay Carroll'; James Hovland; ionibennettl2 comcast.net; josh &Joshsprague.com; swensonann1(cOgmail.com; Mary Brindle (Comcast); Steve Grausam; Greg Keehr Subject: RE: more MMBA info Mr. Carroll — The City dedicated a great deal of time and effort in 2011 to investigate allegations of wrongdoing against Mr. Grausam and Mr. Keehr. We concluded the allegations were without merit, and I shared that response with you via email. Your most recent email simply repeats allegations that have been previously investigated and resolved. I do not intend to invest additional time and effort to investigate allegations again. Scott Neal, City Manager (C_Y_I,j_� 952- 826 -0401 1 Fax 952 - 826 -0390 �(J ; sneal(a)EdinaMN.gov www.EdinaMN.gov i -', I =or Living, Learning, Raising Families &Doing Business Read my blog at City blogs. From: Jay Carroll ,[mailto:jc331 aol.coml Sent: Monday, February 11, 2013 3:55 PM To: James Hovland; Scott Neal; jonibennettl2(abcomcast.net; iosh@joshsprague.com; swensonannl@gmail.com; Mary Brindle (Comcast); Steve Grausam; Greg Keehr Subject: more MMBA info Hello to all, I thought you would all like to know something else pertinent to the MMBA Scholarship money that Director Grausam received. The MMBA newsletter posted on the Internet verifies the Mr. Grausam was actually a Board Director of the MBAA the year that his family received the money. The scholarship award winners are chosen by their Board of Directors. I would think that the MMBA would have considered that a conflict of interest. Also, noted in the 2013 application for the scholarship, of which I have a copy, is that it is awarded to full -time and part -time MMBA families' members only. How come the other dues paying MMBA members like a Johnson Bros. representative or a beer distributor's family don't also qualify? In my opinion, they want the money to go to the decision maker's family. Quid pro quo, it is as simple as that! Also, not a single Edina Liquor store employee that I have surveyed recently, has ever heard or seen of this significant benefit. Nothing posted in -store or mentioned in a newsletter. I have heard of at least one Edina Liquor Store family that would have been extremely interested in the opportunity to receive financial aid for their children's college! How much ineptitude are we going to endure? They can't even post a piece of paper on the wall in the employee room. Sincerely, Jay Carroll z From: James Hovland Sent: Monday, February 11, 2013 4:07 PM Cc: Susan Howl Subject: Fw: more MMBA info Lynette Biunno, Receptionist 1�� 1 952- 927 -8861 1 Fax 952 - 826 -0389 ♦' Ibiunno(a?EdinaMN.gov I www.EdinaMN.gov 1`or Livia';. Learning, Raking Eamilies & Doing BLISinesl From: Jay Carroll jmailto:jc331 aol.coml Sent: Monday, February 11, 2013 3:55 PM To: James Hovland; Scott Neal; jonibennettl2(a)comcast.net; josh Ca)joshssprague.com; swensonannl@gmail.com; Mary Brindle (Comcast); Steve Grausam; Greg Keehr Subject: more MMBA info Hello to all, I thought you would all like to know something else pertinent to the MMBA Scholarship money that Director Grausam received. The MMBA newsletter posted on the Internet verifies the Mr. Grausam was actually a Board Director of the MBAA the year that his family received the money. The scholarship award winners are chosen by their Board of Directors. I would think that the MMBA would have considered that a conflict of interest. Also, noted in the 2013 application for the scholarship, of which I have a copy, is that it is awarded to full -time and part -time MMBA families' members only. How come the other dues paying MMBA members like a Johnson Bros. representative or a beer distributor's family don't also qualify? In my opinion, they want the money to go to the decision maker's family. Quid pro quo, it is as simple as that! Also, not a single Edina Liquor store employee that I have surveyed recently, has ever heard or seen of this significant benefit. Nothing posted in -store or mentioned in a newsletter. I have heard of at least one Edina Liquor Store family that would have been extremely interested in the opportunity to receive financial aid for their children's "college! How much ineptitude are we going to endure? They can't even post a piece of paper on the wall in the employee room. Sincerely, Jay Carroll Susan Howl From: James Hovland Sent: Monday, February 11, 2013 3:38 PM Cc: Susan Howl Subject: FW: research �:. ` Lynette Biunno, Receptionist 952- 927 -8861 1 Fax 952 - 826 -0389 Ibiunno&EdinaMN.gov I www.EdinaMN.gov -� ...For Living, Learning, Raising Families &. Doing Business From: Jay Carroll rmailto_jc331 aol.com1 Sent: Monday, February 11, 2013 3:07 PM To: James Hovland; Scott Neal; Steve Grausam; Greg Keehr; ionibennettl2Cabcomcast.net; josh(@joshsprague.com; ryan.gauthierCcbpatch.com; Mary Brindle (Comcast); swensonannld(�bc1mail.com Subject: research Edina City Officials and employees of the City of Edina, As a concerned resident, I wanted to pass along the information regarding the location of the Minnesota Statute regarding "gifts ". It is Mn Stats. 471.895 with various subdivisions. I believe that both the gas grill and scholarship money readily fit the descriptions of gifts. Both Director Grausam and Mr. Keehr both easily qualify as "interested parties ". They are both decision makers and received personal gifts from a person or entity to that the City of Edina issued checks, for goods and or services. Regards, Jay Carroll Susan Howl Subject: State of the City Manager Neal, Mayor Hovland and others, It now looks like our Liquor Store Director Grausam is speaking out officially and publicly for our well- being. Please see the Patch article of this past week. With his statements now in the public domain and as a senior employee in the ranks of Edina City Hall Management, I think we all would like to know when he would suggest that we put our kids to bed and where our familys' should worship. Are you kidding me! I didn't know he had a medical degree nor the right to any platform and in the purview of his job, to comment on the City of Edina's official policies. I don't care about his personal opinion. He is not a resident of Edina and I sure did not think he had an official opinion on the personal choices of the residents of Edina. Remember, this is the same person who received a college scholarship from the MMBA (Minnesota Municipal Beverage Association) for his family. This significant amount of money was awarded by the MMBA, who's members are made up of Municipal Liquor Stores and receive most of their money from the vendors and suppliers who pay large amounts of money to also be members. This whole MMBA relationship in my opinion, is fraught with conflicts of interest. Yes Manager Neal, you already told me, somebody somewhere in the halls of our City Hall said it was okay for him to keep the money. Manager Neal, please state again the policy regarding a City of Edina employee receiving cash or gifts in kind from any entity that that City of Edina has a business relationship with, I'm confused? This would be no different if there was a Minnesota State City Manager's Association (is there /don't know ?) and the City of Edina pays into their Assoc.'s account $5,000 a year to be a member. There are also private enterprises that pay in even larger amounts of money to be members and that they sell services and goods to the respective cities for which you are the decision maker for these goods and services, for the most part. Every year they award large amounts of money back to a select few of the City Managers. Manager Neal, I believe I know you well enough to know, that you would not accept the money or if you did, it would go into the City's treasury. Please tell us again why this was allowed to happen. Second item. I'm also reminded of the ads that are still appearing on the flat screen monitors when shopping in our three liquor stores. There are ads for enterprises (restaurants, bars and products) that have no relationship to the City of Edina. As far as I know, there is also no revenue stream from letting this promotional company place ads in our stores. To verify, ask the Liquor Store Director, it was his buddy that put in the screens. I've got an idea, maybe we should start placing Phillips Vodka ads on the sides of our city lawnmowers, our street sweepers could showcase Park Tavern and our snowplows could have decals from Budweiser or at least be pulled by Clydesdales! When is this nonsense going to stop. Just because the net profit revenue created by our Municipal Liquor Stores helps offset some of the cities' less well performing departments does not mean they they should not be overseen any less. The actual "net profit margin" of the Edina Liquor Stores would not rival what the successful private stores would consider acceptable. Municipal liquor stores have monopolies, plain and simple. We could have the reps stock the shelves (some already do) automatic re- ordering (some already do) and have self- checkout with oversight, now that would be really profitable! We might need carry-outs, we Edina folk like help with the bags and boxes. If anything, there should be more oversight not less. Product placement incentives are rampant and thriving in the Liquor Store Industry. If I'm a private Liquor Store owner, I can take any and all of the incentives that come my way, or simply ask for lower pricing. Who is watching the "store "? Last item, over a year ago Manager Neal you stated that a Liquor Store manager turned over /brought in a gas grill to the City. The manager stated that he did not know why the grill was delivered to his house. Hmm, very interesting, this was also collaborated by Director Grausam. First of all, you did not note in your response that the grill did not get turned in until after there was speculation of it's existence. Also, the time of the grill's original delivery to the manager's residence in Minneapolis was over a year and a half earlier. The time delta of the grill's original delivery and it's subsequent "turning in ", in my opinion is salient to the whole matter. I would think if I was an employee of the City of Edina and I received a package at my house and was unsure or it's origin but knew it had something to do with my job, I would think a reasonable amount of time to turn it in would be maybe a day or two. Not several years later after being used. In my opinion, I would suggest there some real problems with the time line and subsequent official actions, or lack of, of this whole matter, It also came to my attention recently of a private liquor store owner that was wined, dined and played golf on a distributor's dime at a winery in California. While this is a common occurrence, it was refreshing to know it was enjoyed by someone who could engage in that sort of enterprise because rather than getting better pricing on his purchases for his store, he chose to take it in the form of a vacation. By the way Manager Neal, you shoulL attend the MMBA annual meeting this year at Arrowwood Resort in Alexandria in May. If you like the finest wine, the finest spirits, fine food, door prizes and golf, you will absolutely want to go every year. Finally, following the lead of Director Grausam's recent promulgation, if the new way to get things "aired" is to go the Patch and publish opinions on and for the City of Edina, I would suggest that the City could efficiently speak on the Patch of many significant official investigations, management firings and sensitive situations and fully inform the residents, voters and taxpayers of Edina. Jay Carroll P.S. To save time, please remind the City Attorney to instruct the City Council Members not to respond or comment on this email, like he informed them to do last year. For the record, only two Council members have ever responded to the many emails that I have written. So much for listening to the constituency, socratic dialogue and transparent government. o Le Nov � �y • ,MroRPORA��O • lBee To: MAYOR AND COUNCIL Agenda Item #: IX. A. From: Debra Mangen Action ❑ City Clerk Discussion ❑ Date: February 19, 2013 Information ❑X Subject: CORRESPONDENCE RECEIVED AFTER PACKETS Action Requested: Attached is correspondence received after the packets were delivered to you. No action is necessary. City of Edina • 4801 W. 50' St • Edina, MN 55424 Susan Howl Subject: FW: Issues from JMS work at 4524 Bruce Ave. From: Ann & Erik Wordelman [mailto:wordelman @comcast.netl Sent: Saturday, February 16, 2013 7:43 AM To: Edina Mail; Joni Bennett; swensonannl @ymail.com; Mary Brindle (Comcast); Josh Sprague; James Hovland Cc: Steve Kirchman; Gregg Collins; Scott Neal Subject: Re: Issues from JMS work at 4524 Bruce Ave. City Council Members and Administration, Please note this is now the second Saturday in a row where JMS's workers have ignored City Code and started construction activities prior to 8:00 am at 4524 Bruce Avenue. Once again this Saturday I was awoken around 7:05 am from their activity. I have again had to call Edina Police and requested that an officer respond. Attached is a photo I took this morning. We ask that you please insist that JMS adhere to City Code and the items as outlined in the Construction Management Plan. It should not be acceptable to disregard the rules and disrespect our neighborhood in this manner. Sincerely, Ann Wordelman 4522 Bruce Avenue ?dina MN 55424 Susan Howl Subject: More Weekend Issues from JMS work at,4524 Bruce Ave. City Council Members and Administration, Once again this, morning JMS's workers..ignored City Code and 'started.construction activities before 7:00 am at 4524 Bruce Avenue. My husband - and I were awoken by hammering at 6:26 am. An Edina City Police officer, Joy, was called to the scene and issued a citation to the foreman on site. The hammering continued until she issued the citation. She said the officer that was called on Feb. 16th gave a warning about the early start time. Clearly the warnings are not sufficient to stop this behavior. Joy said the foreman claimed ignorance of the start time rule. Also note that on Feb. 16th band other residents had to call Edina Police multiple times because JMS's workers were again parking within 5 feet of our driveway, limiting visibility and creating a safety hazard. I took the image below at 1:38 pm. Officers were also called around 8:54 am for the same issue. Please note in both cases there was NOT any active loading or unloading. Since JMS has done business in Edina before and has the Construction Management Plan, why are they not taking responsibility for following all items set forth in that plan? We feel it should not be the responsibility of residents like us to call Edina Police because JMS is failing to provide proper oversight of their sub - contractors and job site. We urge the City of Edina to enforce the City Code and instruct JMS that they and all of their subcontractors must follow the rules. Their desire to finish this home quickly cannot be allowed to supersede the rights of Edina residents. We also urge you to encourage officers to issue citations when the City Code is broken as warnings simply have not been effective. We look forward to hearing a specific response as to how these matters will be handled by the City of Edina. What will you do to protect our rights and those of our neighbors? Sincerely, Ann and Erik Wordelman 4522 Bruce Avenue Edina MN 55424 h: 952- 922 -9232 On Feb 16, 2013, at 7:42 AM, Ann & Erik Wordelman wrote: City Council Members and Administration, Please note this is now the second Saturday in a row where JMS's workers have ignored City Code and started construction activities prior to 8:00 am at 4524 Bruce Avenue. Once again this Saturday I was awoken around 7:05 am from their activity. I have again had to call Edina Police and requested that an officer respond. Attached is a photo I took this morning. We ask that you please insist that JMS adhere to City Code and the items as outlined in the Construction Management Plan. It should not be acceptable to disregard the rules and disrespect our neighborhood in this manner. Sincerely, Ann Wordelman 4522 Bruce Avenue Edina MN 55424 <photo.JPG> On Feb 15, 2013, at 9:59 AM, Ann & Erik Wordelman wrote: Dear City Council Members, Erik and I are writing today to update you on the multiple issues we have experienced as a result of the new construction being performed by JMS Homes at 4524 Bruce Avenue, Edina. We have lived in our home at 4522 Bruce Avenue since 2005. he item of greatest concern is listed first, but we also wish to share the many challenges and difficulties that we have experienced during this process. You will also see attached email correspondence. illustrating our attorney's attempts to bring the first issue to resolution, but JMS has been non - responsive. 1. Sillnificant damage was done to our driveway, iron fence and gate, and backyard tree during the excavation process at 4524 Bruce Avenue, which began on December 3, 2012. This has created significant financial consequences due to the need for repairs and limited use of our property. Despite repeated outreach from our attorney, beginning as early as January 4, 2013, this issue has not been resolved. - As per the email we sent all City Council members on December 7, 2012 significant damage was done to our driveway during JMS's excavation of the property at 4524 Bruce Avenue. We know that Mayor Hovland, Joni Bennett and Mary Brindle all witnessed this damage themselves during the weekend of Dec 7 -9th. The damage was so significant that engineering officials and City of Edina Building department employees indicated that it would be unsafe to use our driveway for a period of approximately 6 days until JMS could provide temporary shoring up of my property. We have been told by engineers that a significant portion of our driveway will need to be repaired in the spring as the ground settles and additional cracks appear due to the warmer weather. This will prevent us from accessing our driveway or garage until the repairs are complete. - Additionally, the excavation caused significant damage to our iron gate, which we use to close off.the driveway so that our Golden Retriever can be contained in the backyard. The excavation work caused our fence to be so significantly loosened that it visibly crooked and unstable. Repairs to stabilize the posts and replace damaged sections of the fence will also mean that we cannot use our fence and gate for several days and therefore, can't let our dog out into the yard as we normally do throughout the day. -The roots of our backyard tree situated just west of our driveway were significantly damaged due to the excavation work as well. - Throughout this driveway issue we were in continual contact via email, phone and in person with Mr. Steve Kirchman and building inspectors including Greg Bomsta and Mike Kuisle. They were highly responsive and helpful during a very difficult few weeks during which the damage occurred and afterwards as we awaited temporary repairs to allow for resumed use of our driveway and iron gate. Building Inspections took multiple photos of the damage that was done to our property and Mr. Kirchman sent me copies via email of these photos. - Edina's Construction Management Plan as found on the City website indicates in item #4 "The Contractor is responsible for repairing any damage to public streets or adjacent properties." Note: JMS has yet to demonstrate a good faith effort in coming to agreement for repairing the damage incurred to our property by their actions. We have incurred substantial legal fees throughout this process as well, through no fault of our own. As of Feb. 14th, our attorney (Gregg Collins) indicated that Matt Hanish of JMS said that he has not met with Steve or anyone else at JMS to discuss the Agreement yet. When Mr. Collins inquired as to when that may happen, Matt Hanish replied "in the next couple of days ", but Matt also acknowledged that nothing was presently scheduled. (PLEASE SCROLL DOWN TO THE BOTTOM OF THIS EMAIL TO SEE THE FORWARDED E -MAIL EXCHANGE BETWEEN OUR ATTORNEY, GREGG COLLINS, AND MATT HANISH OF JMS.) Please note that our attorney has been attempting to get a response since January 4, 2013. Mr. Hanish claims not to have received our attorney's communications, but Mr. Collins was clearly using the correct email address throughout the process. ?. Multiple nails and roofing staples have been left on our driveway creating a safety hazard to our pet and potential damage to our vehicle tires. This-is in conflict with item #7 of the Construction Management Plan, which states: 5. "The Contractor shall keep the site, all streets, all sidewalks, boulevard areas and adjacent properties clean from waste, materials or refuse resulting from his operations on the site." - On three separate occasions in January we found a total of 6 -7 three -inch nails on our driveway. On the second and third time (January 29th) I spoke to one of the sub - contractor employees (Kevin from Bluejack) about this issue and he indicated that he'd do his best to avoid this, but it was very difficult because the house being built is to close to our property. Because our dog uses the driveway and backyard throughout the day, these nails pose a very real safety concern and could create significant harm if one of these nails were to get stuck in his paw. Below is a listing of all other dates and quantities of nails and staples we have found in the middle of our driveway where our vehicle passes multiple times daily: - February 4th: 20 -25 roofing staples and 1 one -inch long nail - February 5th: 3 large three =inch long nails and 1 one -inch long nail - February 7th: 1 one -inch long nail with staples on it - February 8th: 1 3" long nail and 2 one -inch long nails with staples - February 12th: 17 nails total, including 2 two -inch long screws and 15 one -inch long nails - February 13th: 2 three -inch long nails, 3 one -inch long nails This makes a grand total of 31 nails that I have saved and have pictures of. (I emailed photos of these nails to Mr. Kirchman on Feb. 12 and 13 if you would like to see them.) One might see a few nails as a careless mistake, which is bad enough, but 31 nails in less than ten days suggests a blatant disregard for our property and the safety of our dog and my vehicle tires. I have communicated with Scott Whitworth of JMS about this issue on multiple occasions, including Feb. 4, 7, and 12. Despite assurances that this issue would be managed, it continues to occur. This poses a continuing threat to our dogs' paws and my vehicle tires. 3. Noise from construction is audible seven days a week and compromises our ability to fully enjoy our home on weekends and evenings. - The City of Edina Code 1040.03 states: "No person shall engage in or permit construction and repair activities involving the use of any kind of electric, diesel or gas - powered motor vehicles or machine or other power equipment, audible beyond the property line of the property where the activity is occurring, except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 7:00 p.m., Saturday, Sunday and holidays (New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas). " - We understand the intent of the 7 day work allowance may have originally been to allow residents who work full time to work on their homes on weekday evenings and /or on weekends. However, in this case, JMS Homes, a professional builder has been working consistently on weekday evenings and on weekends. While their work ethic may be admirable, it is truly difficult to live in a state of continual construction noise, starting as early as 8:00 am on Saturdays and Sundays (a supposed "day of rest ") and well past the dinner hour on week days. This noise includes generators, vehicles loading and unloading, hammering and pounding. - On Saturday, February 9th, JMS's subcontractors began working at the site and woke me up at 7:10 am. An Edina Police officer had to come to the site twice to tell the workers they are not allowed to work until 8:00 am on Saturdays before they listened. Improvement suggestion: Restrict the hours of construction noise down to Monday - Friday 7:00 am - 7:00 pm and Saturday /Sunday 9:00 -6:00 pm. This would ensure that the "majority" of the day on weekdays is not spent listening to construction noise by cutting work time to 12 hours. You could then allow longer hours on case -by- case basis, requiring City approval and prior notification to neighbors. 4. JMS's workers have trespassed on our property several times during the course of the project, especially during excavation, as well as February 4th and as recently as this week, - JMS's workers have accessed our property on multiple occasions without our permission. On February 4th, I (Ann) returned home from a 45 minute appointment to find my driveway and garage blocked by a roofer's ladder that was leaning up against my iron fence. (If the 5' wide side setback does not allow builders to perform their work without trespassing on neighbors' property, then either the builder should plan for a smaller footprint on the home or the setback requirement should be increased.) 5. JMS's workers repeatedly violate Edina Ordinance 1400.10 by parking within five feet of my driveway and other private driveways on Bruce Avenue. - Today I had to call Edina Police twice due to this issue. First around 11:45 am, a work vehicle was parked about 2 ft from my driveway, inhibiting my ability to pull into my driveway. Later at 2:35 pm when I was trying to exit my driveway to pick up my daughter from school, both the road and my driveway were blocked by a large truck. Despite having one worker sitting in the truck, the truck's driver was inside the JMS home and 1 had to wait 10 minutes until the truck was moved out of the way. While this occurred, about 3 vehicles traveling south on Bruce Avenue were also blocked and the road was impassable. This ordinance is clearly laid out in the "Construction Management Plan 2012" document as found on the City of Edina website: Edina Ordinance 1400.10 Parking, Stopping and Standing, Loading shall apply as follows: No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: a. On a boulevard between sidewalk and roadway; b. Within five feet of the intersection of any public or private driveway or alley with any street or highway; Additionally, earlier this month at 4528 Bruce Avenue a motor vehicle accident occurred as the resident at that address attempted to pull out into the street and collided with another vehicle due to severely limited visibility caused by vehicles parked within 5 feet of her driveway. This accident resulted in significant damage to her vehicle and she had to pay a $1,000 insurance deductible as a result. Additionally, damage occurred to the other car, which is also owned by a resident of 4500 Bruce Avenue. Fortunately, no one was physically harmed. We hope that the content of this email outlines clearly how JMS's disregard for neighbors and our properties is impacting us and other Bruce Avenue residents. Thousands of dollars in damage has already occurred, while safety hazards continue to exist, including parking issues and hazardous materials being left on our .property. My husband and I have been forced to spend many hours identifying, recording and reporting the multiple issues outlined above over the past several months. We hope you will be supportive and protective of the rights of Edina homeowners like us in the face of builders seeking to make profit. It does not seem fair or reasonable that they should be allowed to conduct their business in a manner that is so neglectful and careless of those around them and violates City Code. We ask that you please support us in seeking resolution to our driveway, fence and gate issue prior to issuance of final permits, approvals or certificate of occupancy for the property at 4524 Bruce Avenue. Sincerely, Ann and Erik Wordelman 4522 Bruce Avenue Edina, MN 55424 Begin forwarded message: From: Gregg Collins < gcollins (cD-mulliganbiornnes.com> Subject: RE: Contact Info Date: February 11, 2013 9:30:52 AM CST To':" Matt Hanish. <matth(@.0mscustom homes. com> Cc: if scottw(d),emscustomhomes .com <scottw ,�imscustomhomes.com >, "ieff(d-)lmscompanies. com" <ieffaemscompanies.com >, "wordelmanacomcast.net" <wordelman(d_)comcast.net> = "EWordelman @SpencerStuart.com" < EWordelman(d-)SpencerStuart.com> Matt I am attaching the string of e -mails that I have sent to you over the last 5 weeks. I am also attaching the draft Agreement that was attached to the original e-mail and every follow up e -mail. Please note that your e-mail address on every e-mail in the string is correct. Also, I never received a bounce -back message on any of the a -mails I sent, indicating that the message failed to go through. Also, to be clear, up until last Friday I did not copy either Jeff or Scott on the e- mails, but I did last Friday. If by your e -mail below you are telling me that neither Scott or Jeff received my e-mail from Friday, then there is a serious credibility issue. I am again copying Scott and Jeff with this e-mail. Since we have been waiting over 5 weeks for a response on this matter, I would appreciate a response from the appropriate person at JMS in the next couple days. Thank you. Gregory J. Collins Mulligan & Bjornnes PLLP 401 G'roveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins @mulliganbiornnes.com I www.mulliganbiornnes.com <image002.jpg> This e mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Matt Hanish [ mai Ito: matthOjmscustom homes, coml Sent: Monday, February 11, 2013 9:16 AM To: Gregg Collins Subject: Contact Info Greg, As I indicated in our phone conversation, to date, I have not received any correspondence from you or your office via email or regular mail. I also spoke with Jeff and Scott and neither received your correspondence. Please provide any correspondence by replying to this message. Thank you. Sincerely, Matt .7-Canish Vice President Construction JMS Custom Homes, LLC 525 15th Ave 5 Hopkins, MN 55343 (952) 294 -2123 Direct (952) 949 -3630 Main (952) 292 -7895 Cell (952) 949 -3730 t=ax MN Builder License #BC392462 VOTED 2011 BATC BUILDER OF THE YEAR by the Builders Association of the Twin Cities (BATC)I <image001.jpg> www jniscustomhomes.com CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain proprietary and privileged information for the use of the designated recipients named above. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Gregg Collins < cg ollins(abmulliganbiornnes.com> ,`�Iuh-i Ot FW: Wordelman property. U,ate: February 8, 2013 4:56:23 PM CST To: "matth imscustom homes. com" <matth(c,'rn custom homes.corn> Cis: "scottw _imscustomhomes.com" <scottw ,imscustom homes. com >, "jeffga� mscompanies.com" <ieffC@_imscompanies.com >, "wordelman(ccomcast.net" <wordelman(mcomcast.net >, "EWordelman(cD-SpencerStuart. com" < EWordelman(c'D-SpencerStuart.com> Matt: It has now been over a month (Jan. 4) since We sent you a draft Agreement relating to resolving the damage that JMS has caused to the Wordelman property as a result of your construction activities next door. Despite sending two follow up a -mails as set forth below, you have completely failed and refused to contact me. It is the Wordelman's preference to resolve this matter amicably between themselves and JMS. However, if you refuse to respond to our communications you will leave them no alternative but to take this to another level, either legally or politically through the City of Edina. In your notification letter to the Wordelmans dated Oct. 29, 2012, you committed to them and assured them that you would "replace and repair to its original condition any disturbed areas including grade, sod and landscaping that is disturbed due to our construction activities." It is time make good on those assurances and commitments. Please contact me on or before Tues., Feb. 12, or you will leave the Wordelmans no alternative but to take steps to force JMS to honor their commitment. Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins @mulliganbiornnes.com I www.mulliganbiornnes.com <irnage002.jpg> This a -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins Sent: Sunday, January 27, 2013 2:58 PM To: matth(djmscustomhomes.com Cc: wordelman Obcomcast. net Subject: FW: Wordelman property Matt: Following up on the e -mail and Agreement I sent you on January 4. 1 am still waiting for either someone at JMS or your attorney to contact me. If you fail to respond, you will leave us no alternative than to enlist the assistance of the City of Edina in getting you to respond on these issues. Please get back to me in the next couple of days. Thank you. G regg Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612- 879 -1816 1 Fax 612 - 871 -7869 Bcollins @mulliganbiornnes.com I www.mulliganboornnes.com <image003.jpg> This e -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins Sent: Monday, January 21, 2013 11:23 AM To: matthCd)jmscustomhomes.com 8 Cc: wordelmanO)comcast.net Subject: FW: Wordelman property Hi Matt: Following up on the e-mail and Agreement I sent you below. Please get back to me or have your attorney contact me on this in the next few days. Thank you. Gregg Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, :MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612 - 871 -7869 gcollins @mulliganbiornnes.com ( www,mulliganbiornnes.com < rnage00] Jpg> This e -mail, and any attachment, contains information which is confidential and is intended for the addressee only. If you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. From: Gregg Collins Sent: Friday, January 04, 2013 3:33 PM To: matth(a)jmscustomhomes.com Cc: wordelman(@comcast.net Subject: Wordelman property Hi Matt: As we discussed previously, the Wordelmans want an agreement between them and JMS regarding any work that is going to be done on their property going forward to address the issues that arose out of your excavation and the resulting undermining of the support for their driveway. I have prepared the attached Agreement to address those issues. By way of background, which I believe we discussed briefly during our telephone conference, we have been in consultation with two engineers who have told us that the supporting soil under the driveway has been compromised by the sloughing of the soil into the excavation, and as a result the driveway will need to be replaced so the soil can be properly compacted from above. Also, the Wordelmans have discussed the tree issue with an Arborist who has indicted to them that it could take up to three years for any tree damage to become evident, hence the three year time period in the Agreement. I left the attorney's fees amount blank. The amount to be inserted will depend upon how much in the way of additional fees will be generated in order to finalize the Agreement. At present, the Wordelmans have incurred $3,225.00 in fees relating to this matter. Please review the Agreement with your attorney and have him or her contact me with any questions. Gregg Gregory J. Collins Mulligan & Bjornnes PLLP 401 Groveland Avenue Minneapolis, MN 55403 -3219 Direct 612 - 879 -1816 1 Fax 612- 871 -7869 gcollins @mulliganbiornnes.com I www.mulliganbiornnes.com This e-mail, and any attachment, contains information which is confidential and is intended for the addressee only., if you have received this e- mail in error, please reply to the sender of the message and then destroy this message. Thank you for your anticipated cooperation. <675000Agreement 121712.doc> <675000Agreement 121712.doc> 10 Susan Howl Subject: Edina Housing Statistics - January 2013 Good Afternoon, Mayor Hovland and Members of the Council - Attached, please find the most recent housing statistics from the Minneapolis Area Association of REALTORS®, for the City of Edina and the Twin Cities metro area. This report describes our market in January 2013. Please let me know if you have any questions. As always, if you are interested in seeing more in -depth statistics and figures for your city or other cities and counties in the metro — please feel free to check out our online statistical reports at www.mplsrealtor.com. The Thing, our interactive market analytics tool, is very useful, as it offers many choices of variables for your review. Check it out here: http : / /thething.mplsreaItor.com/ (February 2013) — While we're all exercising more and eating better — at least for another week — the local housing market has upheld several important resolutions. Four patterns continued from 2012: buyer demand was up, new and existing supply levels were down, prices were higher and distressed market activity eased. There were 2,797 closed home sales in January 2013, 11.0 percent higher than January 2012. There were 3,456 pending sales, a 13.3 percent increase over last year. Inventory levels declined 32.2 percent to 11,977 active listings, the lowest number for any month going back to January 2003. That marks an official 10 -year low. "Last year, traditional sellers re- entered the market in increasing numbers," said Andy Fazendin, President of the Minneapolis Area Association of REALTORS ®. "With our limited inventory, that's led consumers to purchase more traditional properties, which sell for roughly 60 percent more than distressed properties." Traditional closed sales, in fact, were up 41.8 percent. That's helped boost year- over -year median sales price comparisons for 11 straight months. The median home price was up 14.3 percent to $160,000. A healing distressed segment facilitated recovery. Traditional homes comprised 65.9 percent of all new listings, up from 56.3 percent last January, and made up 57.1 percent of all closed sales compared to 44.8 percent last year. In other words, fewer low- priced foreclosures and short sales both entered and sold off the market. Months' supply of inventory fell 42.0 percent to 2.9 months. Figures below 4.0 months of supply point to an emerging seller's market. Homes sold in 107 days, on average, or 24.1 percent quicker than last January. Conventional financing comprised 44.1 percent of all closed sales; FHA financing was used on 23.1 percent of sales; cash buyers made up 25.1 percent of sales. Julia Parenteau Public Affairs Director Minneapolis Area Association of REALTORS® p. (952) 988 -3124 e. juliap @mplsrealtor.com eti Ic 3� �F".IaCw1; Local Market Update -- January 2013 461 A RESP.ARCi 1 10;71.. Pir-10 IIII:i1) la`r 1 HI MINNEAPOLIS AREA ASSOCIATION OF REALTORS(t! Twin Cities Reainn MINNV,A1' )L. :S AREA P,— :'aii.,n ,rREAI.70RS' -6.2% +11.0% +14.3% ----------------------- Change in - ~ Change in Change in New Listings Closed Sales Median Sales Price 5,114 4,799 5,114 4,799 -6.2% +11.0% New Listings Closed Sales Year to Date 2012 2013 January 5,114 4,799 2012 2013 + / New Listings 5,114 4,799 -6.2% Closed Sales 2,519 2,797 +11.0% Median Sales Price- $140,000 $160,000 +14.3% Average Sales Price' $181,253 $199,644 +10.1% Price Per Square Foot* $87 $98 +12.7% Percent of Original List Price Received' 91.2% 93.5% +2.5% Days on Market Until Sale 141 107 -24.1% Inventory of Homes for Sale 17,655 11,977 -32.2% Months Supply of Inventory 5.0 2.9 -42.0% January 2012 ■2013 Year to Date 5,114 4,799 5,114 4,799 -6.2% +11.0% New Listings Closed Sales Year to Date 2012 2013 + / - 5,114 4,799 -6.2% 2,519 2,797 +11.0% $140,000 $160,000 +14.3% .$181,253 $199,644 +10.1% $87 $98 + 12.7% 91.2% 93.5% 1-2.5% 141 107 -24.1% 2012 ■2013 -6.2% +11.0% New Listings Closed Sales -30% 1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011 1 -2012 7 -2012 1 -2013 Local Market update — January 2013 A :;:; LI,`,I4(',H T0(.)1.. PROV117ED 6Y'i'HI MINNEAPOLIS AREA ASSOCIATION OF REALTORS(0 A l :ll, ,_, RFALTOR`_ >' 112 70 40 46 �_..__.._.. W- 37.5% + 15.0% New Listings Closed Sales 112 70 40 46 -37.5% +15.0% New Listings Closed Sales Change in Median Sales Price from Prior Year (6 -Month Average)" Twin Cities Region Edina —.•- +20% , i +15% I +10% 0% ,A -5% _. -10% _.. _.. ...... -15% . -20% -25% -30% 1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011 1 -2012 7 -2012 1 -2013 -37.5% +15.0% -22.1% Change in ~ Y T Change in N - v Change in Edina New Listings, Closed Sales _ Median Sales Pricey January Year to Date 2012 2013 + / - 2012 2013 + / New Listings 112 70 -37.5% 112 70 -37.5% Closed Sales 40 46 +15.0% 40 46 +15.0% Median Sales Price' $405,000 $315,500 -221% $405,000 $315,500 -22.1% Average Sales Price' $485,408 5399,186 -17.8% $485,408 $399,186 -17.8% Price Per Square Foot' $154 $156 + 1.1 % $154 S156 + 1.1% Percent of Original List Price Received' 87.9% 92.9% +5.7% 87.9% 92.9% +5.7% Days on Market Until Sale 201 104 -48.3% 201 104 -48.3% Inventory of Homes for Sale 365 217 -40.5% -- -- Months Supply of Inventory 6.1 2.7 -55.7% -- 'r,u..!UlI. ". I pidi WfiPi.,.., . i/f.I, ... Ir!111 - du!. S .itii January 2012 ■2013 Year to Date 2012 02013 112 70 40 46 �_..__.._.. W- 37.5% + 15.0% New Listings Closed Sales 112 70 40 46 -37.5% +15.0% New Listings Closed Sales Change in Median Sales Price from Prior Year (6 -Month Average)" Twin Cities Region Edina —.•- +20% , i +15% I +10% 0% ,A -5% _. -10% _.. _.. ...... -15% . -20% -25% -30% 1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011 1 -2012 7 -2012 1 -2013 MINUTES OF THE MEETING OF THE PARK BOARD HELD AT SHERWOOD ROOM, EDINA SENIOR CENTER January 8, 2013 7:00 PM 1. CALL TO ORDER ,.Chair Steel called the meeting to order at 7:00 pm. ll. ROLL CALL Answering roll call were Members Almog, Gieseke, Segreto, Jacobson, Dan Peterson, Deeds, Jones, Steel Member Cella arrived at 7:07 pm New Parks and Recreation Assistant Director Ms. Kattreh informed the Park Board that Susan Faus has been promoted to the Assistant Director position of the Parks and Recreation Department and will officially start her new position on January 14th. She introduced Susan and noted that she will be doing double and triple duty for a little while until they get her position replaced as the General Manager of Edinborough Park and the Edina Aquatic Center. Ms. Faus gave the Park Board a little bit of her history. Ms. Kattreh informed the Park Board she is going to be shuffling duties a little bit compared to the way they have been. She indicated that she is going to maintain overall supervision of the enterprise operations but will be asking for Ms. Faus' help on a variety of different issues especially in terms of how they can work better together as enterprise operations for cost saving measures, technology, social media, marketing, etc. She added that Ms. Faus will be supervising the recreation supervisors and provide them a lot of support to continue to improve programming opportunities. 111. APPROVAL OF MEETING AGENDA . Member Segreto made a motion, seconded by Member Dan Peterson, approving the meeting agenda. Ayes: Members Gieseke, Segreto, Cella, Jacobson, Dan Peterson, Deeds, Jones, Steel Motion Carried IV. ADOPTION OF CONSENT AGENDA Member Dan Peterson made a motion, seconded by Member Segreto, approving the consent agenda as follows: IV.A. Approval of Minutes — Regular Park Board Meeting of Tuesday, December 11, 2012 Ayes: Ayes: Members Gieseke, Segreto, Cella, Jacobson, Dan Peterson, Deeds, Jones, Steel Motion Carried V. COMMUNITY COMMENT None VI. REPORTS /RECOMMENDATIONS VI.A. Do.Town Presentation Sara Maaske, Field Director for Do.Town, gave the Park Board an update on the Do.Town projects that are being done in Edina. Member Segreto asked what is their funding cycle and how long are they funded through. Ms. Maaske replied they are funded as a staff through the end of March and so they will be doing several things as they transition into the next three months. She indicated they are doing a telephone "Town Hall" with the Mayor which is coming up on January 16th where they will be talking about creating healthier communities. She noted they will also give.the audience an opportunity to talk to the Mayor about What they would like to see as well as things that may have happened already in their neighborhoods. She stated from there they are going to be working with the residents they have worked with over the last 12 to 18 months on transitioning and working to put forward the things that they have been working with them in the community. Member Segreto asked about continuity; will there be any involvement of staff or the city with the transition so they have a sense of follow through on all of the projects? Ms. Maaske replied absolutely and that is a key component, not only are they going to be doing some'leadership training with residents but they will also be doing some leadership conversations with the City whether it's the City Council, boards and commissions or City staff because they want to make sure that it is integrated and folks are working together. Member Jones asked Ms. Maaske if Do.Town went through all of these projects with the City'Council before they began working on them. Ms: Maaske replied not necessarily but that a lot of the projects they chose to work on were based on resident input. She explained when they first started on the campaign their job was to go out and talk to residents and find out what they would like to see in their community to create a healthier community. She noted it was from those conversations that they developed the different types of things they are working on but that they did communicate with the City Council at all point's throughout the conversation. Member Jones commented that as a Park Board member she is confused'that she wouldn't know, for example, there was a community garden being proposed at Yorktown Park even though they were talking about what would be on their work plan for the coming year. Sher stated she did not know there was a petition that Do.Town had started regarding this and had no idea this was going to be on their plate and wondered how that happened. Ms. Maaske replied again that it was resident driven and it would be the same as if any neighborhood came forward and asked you to look at X, Y and Z because they would like to make improvements. They were just helping those residents gather the people together. Chair Steel indicated that Do.Town has done a lot of grass roots work that the Park Board has not done because it requires a lot of effort, funding and time; therefore, as they are starting their strategic planning process she would like to ensure that they take any information Do.Town has collected so they can include that in their priorities. Ms. Maaske replied absolutely and noted they have gathered a data base of approximately 3,000 people to which approximately 700 of those individuals are Edina residents. She noted those individuals expressed interest in specific things which is all in their database and when they are no longer necessarily here physically it will be the city's database going forward. Member Segreto stated they have done a great job of getting the name "Do.Town" out and thinks a lot of their residents do understand what Do.Town is and asked is it a trade name or the name of a non- profit because it would be a shame going forward if that disappears. Ms. Maaske replied she doesn't have a definitive answer on that; however, she knows that Blue Cross Blue Shield are the ones who own the "Do.Town" but thinks they probably do want to carry it forward if at all possible. Member Segreto asked Ms. Kattreh if she sees any value in that to which she replied she does and they have had that discussion as well so hopefully they can work it out with Blue Cross to move ahead. Chair Steel asked what has happened in other communities like Albert Lea. Ms. Maaske responded what happened in Albert Lea was that they carried forward with a non - profit organization, so that is one model that could potentially do and one of the things that they were trying to do very differently from what Albert Lea did was that they didn't really do a good job of engaging their residents around 2 ,A this. They were more focused on getting the changes done at the City level and so when they left they didn't really have a group of residents who were committed to these policies and these systems or environmental changes that were =happening in the community so they had to rebuild. They did end up going like she said with a non - profit model in order to do that and she would assume that might be a potential option she knows it is something that Mayor Hovland has been expressing interest in. Member Jones indicated that she is on the Bike Edina Task Force and she doesn't remember a representative from Do.Town talking to them about the safe routes to school. Ms. Maaske replied that was led primarily by Bloomington Public Health and the consultant that was hired for that project came in with all of the. contacts available to them and it's been their job.to be engaging with the residents and folks in the City. She stated that frankly she doesn't think they have been doing a very good job and that consultant firm will be building the plan for both Richfield and Edina. Ms. Maaske stated that what they have expressed to ,the consultant firm is they don't think they have enough engagement within the community to build an appropriate plan but she does know they have Bike Edina Task Force as one of the contacts and that she does know that Katie Meyers had conversations with Bike Edina Task Force about safe routes to school. Chair Steel stated anyway they can improve communication in the next couple of months would be great and also asked Ms. Maaske,that if she has any updates that she thinks the Park Board might find interesting to send it to Ms. Kattreh. Member Cella asked Ms. Maaske to also keep the School District in the loop because she also feels there have been times when Do.Town.has been working on issues central to the schools but nobody contacts the School District and the only reason they hear about it is because it is out in the community. She indicated that she understands your focus is community organization but when it's things that impact the schools it's the School District that makes the policies and get it done and if they are not at the table it's not going to happen. Member Jones commented she feels in a similar way about what has happened to the Park Board on a couple of issues because there are now new issues that they have never discussed and are not part of their work plan. She asked why it wasn't brought forward so that they could work collaboratively on it. Ms. Maaske replied she knows their campaign manager, Alex, did meet with Chair Steel several months ago, but knows they have not come to the group as a whole. She stated it is a pilot project and that they have learned they need to loop in the boards and commissions at an earlier date because they learned a little too late down the line that the boards and commissions have a key role in this as well. Member Jones replied it's not just the boards but staff as well. She indicated these are really good ideas but folding them into a work plan so that it doesn't burden staff has really been an issue with the City on many things. She stated there are a lot of needs that they can all see that could improve Edina; however, what fits best and what they are currently working on could really use your help but feels it is not as coordinated as it could be. Ms. Maaske replied she feels like they have met a lot with City staff over the course of the Do.Town project and communicated about different things and believes they did talk about community gardens early on and if they didn't do it often enough,or pointedly enough it is definitely something that they know they need to wrap into. Chair Steel clarified to the Park Board that this isn't on Ms. Maaske personally but that she did request a meeting with Alex in August or September to ask that the Park Board get wrapped in the process and that someone come and present before the Park Board., She noted that she didn't get a request to appear before the Park Board until their November meeting so it was quite frustrating. She indicated thatshe did hear what was going on and she wanted everyone to be collaborative; it's great work, you are doing great things and there is a lot of information. Ms. Maaske replied point well taken and she apologized if that didn't happen soon enough. Member Segreto stated on a go forward basis during the transition period let's both make an effort to work hand in hand to which Ms. Maaske replied absolutely. 3 Member Jacobson asked if there is a larger intent to maybe tie the community garden along with the garden they discussed having at Lewis Park and do the whole thing at one time. Ms. Kattreh replied they want to look at both of these community garden projects as pilot programs. She would like to see how they go, have Park Board assess how it's working and costs associated with it, any problems or positive outcomes, all sorts of things and so they definitely want to grow the garden slowly. Member Jacobson asked so this year could be kind of a learning opportunity and then from that we will hopefully make a big plan for the next summer to which Ms. Kattreh replied absolutely. Ms. Maaske commented that hopefully they will improve communications over the next three months and be able to work together in the transition. VI.B. Community Garden Committee for Yorktown Park Ms. Kattreh informed the Park Board that in the packet she tried to give the history of how they've come to this point with the community gardens. She indicated that Do.Town has done a really nice job of gathering community support for this project and other board and commission support for this project as well. Ms. Kattreh noted that from; staffs perspective she thinks it's pretty safe to say that they were brought into this at the end of November and they do support this pilot project; however, as Member Jones pointed out Park Board was also brought in late to the project. She stated, if they have support from the Park Board to pursue this pilot project at Yorktown Park, what they would be looking for tonight is interested members who would be willing to serve on the committee. She added that the goal for the project is to have it operational this summer which means they have a lot of work to do in a little bit of time. The hope is to put together a group of Park Board members, Energy and Environment commission members, Garden Council members, and Community Health Commission members as well as interested residents, Do.Town and the YMCA. Ms. Kattreh informed the Park Board they need to select a location and write some policies such as what you would like to see in terms of a goal for the project, do you want specific plots that are for seniors or specific plots that may be available for neighboring partners. She stated that she knows the YMCA is very interested in a specific plot and how they would want the garden to look. Ms. Kattreh commented gardens in different communities have different looks and some are better than others. She noted that what she thinks she heard loud and clear from the group that gathered at the YMCA in December is if it's going to be in an Edina park they want it to be a good representation of an Edina park and want to make sure that the quality is there. For example, they are not going to allow individual plot leasers to put up their own fencing but rather they would put up a nice attractive fence and make sure it is done the right way. Member Jones asked what the timeline is for this working group and is it this working group's mission to create the policy for that park to which Ms. Kattreh replied correct. Member Jones asked has it already been decided that there will be a park or is the working group going to recommend whether or not there should be a pilot project for a community garden and if yes then they would come up with a policy for the garden. Ms. Kattreh responded she thinks it's safe to say yes as well as have some good conversations and that they have buy -in from the Park Board as to whether or not you feel this is a good idea. She stated that there is a fair amount of support on the City Council for this project to at least do it in a pilot fashion for the first year; however, if they do not have the support of the Park Board to do the project it is important that that be known. Member Segreto asked what issues need to be considered in light of staff time to which Ms. Kattreh replied the Parks and Recreation Department will probably be the ones administering the project so that would be leasing the plots. In addition, it would probably be parks maintenance staff that would 4 be responsible for doing the tilling at the end of the year as well as probably help with the construction of the project. She noted that could be everything from the beds, possibly raised beds, to importing soils to maybe even fencing. Ms. Kattreh pointed out there is also the complaint and issue side of community gardens that can happen which can be pretty intensive from what they've heard from their neighboring communities. Member Dan Peterson commented the Edina is the only community in the western suburbs that doesn't have a community garden and we need it. He indicated that there are probably two or three community gardens in the area that will, have all of the rules that we need that work and maybe we could take those and adopt them. Ms. Kattreh indicated that from a financial standpoint she thinks they have some partnership opportunities with the YMCA. Member Dan Peterson stated that he thinks there are a lot of master gardeners who would love to be asked to give talks to kids or seniors for e.g., if you want tomatoes this is how to do it, etc. Ms. Maaske commented that Whole Foods has actually expressed interest in this project as well as they offer community grants. She indicated that another group that could be potentially tapped into would be the Eagle Scouts, they could build raised beds, etc. Someone commented that it could be a May Term project as well. Member Jones noted that what she is hearing from this discussion is that the Park Board is in favor of pursuing this as a pilot project, which she agrees it's a good idea; however, it is changing the use of a park. She asked to make note that this is not land that is just not being used because it is being used right now as open space and they need to discuss how they make those decisions. In addition, how are they informing the neighbors of the decision? Member Deeds asked Ms. Kattreh to go through Attachment C where they are talking about placing the Community Garden. Ms. Kattreh pointed out the area as well as discussed as a pilot project they would maybe like to have one of the large water containers brought to the site and if they did that would they be able to utilize the YMCA parking lot to bring their water truck right up to it. She noted the YMCA would provide parking to that site and would also provide the restrooms which is a nice amenity because most community gardens have port-a- potties. Chair Steel stated the action request is to select a few Park Board members to serve to provide recommendations on a pilot project which includes location, costs, partnership opportunities, policy and then the committee will provide a recommendation to the Park Board. She added there are going to be members from other boards and commissions on the committee. It was asked if other boards and commissions are going to have input as a whole or are they acting through their committee liaison. Ms. Kattreh replied that the Community Health Committee has been the most active in the community garden project to date and has had conversations with Scott Neal, City Manager, as to their exact involvement. She noted as Member Jones pointed out they are using Park property and therefore she personally thinks that it should be a Park Board recommendation to utilize this space as well as adopt a policy for this program. Chair Steel asked about the time commitment for this working group to which Ms. Kattreh replied she may be unrealistic but she would like to think they could achieve their goalin two meetings. Member Dan Peterson indicated if it's in the middle afternoon or later he would be happy to serve. Member Jones indicated she could also serve. 5 Member Deeds made a motion, seconded by Member Segreto, to approve and support a community garden at Yorktown Park. Ayes: Members Gieseke, Segreto, Cella, Jacobson, Dan Peterson, Deeds, Jones, Steel Motion Carried Member Jones made a motion, seconded by Member Segreto, that Member Dan Peterson be the Chair of the working group and that she serve. Ayes: Members Gieseke, Segreto, Cella, Jacobson, Dan Peterson, Deeds, Jones, Steel Motion Carried Ms. Maaske commented that as she understands residents who are not currently serving on a commission or board can participate to which Ms. Kattreh replied yes. Ms. Maaske noted that she will make sure that the folks that were at the meeting know. VI.C. 2,013 Park Board Work Plan Ms. Kattreh informed the Park Board the work plan they are looking at is what was approved by the City Council with very few changes to the plan that the Park Board adopted. She noted in terms of priority there are two areas that the Park Board should focus on first; the strategic plan and the community gardens because they are trying to get those up and operational by this spring or summer. Ms. Kattreh informed the Park Board that the City Council has allocated $60,000 to the Park Board to complete the study to which she has taken the liberty to contact one vendor to give the Park Board an idea on what they should be able to expect based on the description the Park Board has put together for the work plan. Ms. Kattreh passed around a couple of examples from two other cities: Coon Rapids and Hastings. She explained that it addressed needs assessment using focus groups, park and open space plans, trail system plans, ecological restoration plans or just ecological plans recreation, program plans including multiple providers in a community, operations and maintenance plans and then implementation plans. She indicated they would go through and take a look at individual parks and individual enterprises in our system based on what the Park Board feels are the areas of priorities. They would look at the parks and facilities and give us an idea of utilization or recommendations for improvements to parks and then they would put priorities and even dollar amounts associated with those. She stated that she thinks it would give the Park Board a really good planning tool for changes to parks, changes to programming and budget allocations. Member Jacobson asked if they currently have a master plan for every park to which Ms. Kattreh replied for every park they do not. She explained that the parks previously referenced do have master plans because they have done or are going to be doing some major renovations. She explained that it would not be to the extent of what they have done to Countryside Park nor do they want it to be to that extent because things can change and that gives them the ability for input. They need to find out if they are utilizing the parks well or tell us here are some ideas that we could do differently to improve our parks. Member Deeds commented that is down low and in the weeds before there is an actual discussion and thought process on what should the park system look like in 2025 and in 2040 in Edina and how do we overcome the disadvantages of the small distributed park system that we have. He pointed out there is a big picture and there are questions that need to be answered before any of that does. Member Deeds indicated that he does this for a living and what happens is they go on a shelf and they are absolutely worthless and it's a waste of $60,000. He stated if it's not a living, breathing document it becomes a failure because you go down in the weeds before it developed a vision of what's going to happen; it's not about having individual park plans, it's about what is the vision for Edina Parks & Recreation for 2025 and 2040 and how are we going to get there and what does that mean. He noted they have an infrastructure right now and it may not be the right one and so the first question is what is it that the City should be striving to be and be striving towards in its parks system. He stated that he doesn't think it's ever actually been thought through. He thinks there is not that level of vision or thought process that has gone into it. He added that it's very incoherent and very inconsistent; they have stuff going on here and a little stuff going on here and some stuff drops in over here, etc. Member Cella commented that she agrees with Member Deeds. It's crisis management. Whatever new great idea for one area comes up they deal with that.. She stated they are still not solving the over - arching strategic focus of what it is we want our parks and recreation to do in Edina. Member Segreto stated that vision is not going to be fabricated by the person writing the plan to which Member Deeds replied no, absolutely not. Member Deeds explained that the first stage of assessment is essentially a competitive assessment because we compete with surrounding cities and in the park system right now they are at a disadvantage if you compare what they have relative to the next ring out like Eden Prairie, Minnetonka and Wayzata because they have larger, newer facilities. Therefore, there is a level of assessment that they need to do and then figure out what we want. However, before they get to this level of planning the City Council has to get on board and say "yes ", that's a vision we are going to work towards because these are big decisions and they are very expensive decisions. Member Jacobson commented that it sounds like a two -phase project, first you have a consultant who does a community assessment or a needs assessment. Member Deeds replied they already have some of that but there is a level of just a very basic competitive position, competitive assessment that needs to be done simply beyond what the citizens want because if they want to stay thriving they need to continue to attract people in. He noted they are an inner ring older suburb and they need to figure out a way to maintain a competitive position and be a desirable location for people to relocate to. Chair Steel noted that she thinks Member Deeds is hitting at all of the right points and she definitely wants it to be a document that is used and very practical; however, this is going to be a giant priority going forward. She proposed for the.next meeting the Park Board members submit ideas to Ms. Kattreh with questions you want answered and things you want to look at because they need time to think about that and they are not going to come up with the right components now. She noted that Ms. Kattreh will put all of the information she receives together and maybe highlight the things that she thinks would work well and then continue the discussion in much more detail at the next Park Board meeting. Member Cella commented that in looking briefly at the two examples passed around it looks like the most useful things would be their vision and policy plans which are the first five pages. It looks like that is where they received input from community groups, users, the school district, etc. and then put together a vision where they have their park vision, their open space vision, their trail vision, etc. There is a vision for everything and they have some goals and objectives and some rules of the road of how they are going to get there. Member Deeds commented that those are where the value is because of those kinds of decisions. He indicated the world changes by the minute and when the rest of it begins running into reality the question is making decisions based on the vision and we don't have a vision. Chair Steel asked the Park Board if it would be helpful at the next meeting to provide some City wide contents of visions. Member Deeds replied as well as demographic projections, because one of the things that is kind of unique about this challenge is the timing is so much longer than most because 7 when dealing with corporations you plan maybe five or seven years of the outside maybe a little longer. However, when you talk about parks and infrastructure like this it's a substantially longer planning process because it doesn't change quickly. Member Cella commented that it's very similar to what they are doing at the school district because they are in a community where people expect a certain amount of excellence but your infrastructure is old and aging and not in the shape that the other suburbs are but everyone expects that. She stated they are head and shoulders above everybody else but yet you don't have the same facilities and so how do you make that work. Member Deeds commented and how do you bring those facilities up so that they present the image that you want as a community. He pointed out that it's critical to "somebody coming in and out of town and they need to make an offer on a house within 72 hours and will probably choose from all three communities and drive through and some of the parks look a little run down. Chair Steel commented that she is so thankful that the City Council gave them a little money to work with and she thinks this is really key to their work. Ms. Kattreh stated what Member Deeds expressed is exactly what she feels is important as well, we don't want the Park Board to get caught up in the minutia of a swing set at a park; it's the bigger picture vision and it needs to be a working document and a blueprint for the future of our park system. She stated that she looks forward to receiving Park Board's input and at that point they would put together a request for qualifications for potential consultants. Member Segreto asked what does this note on the bottom of the page from the City Council really mean that states "the City Council would like to focus on parks strategic plan during 2013 and has altered goals related to.the Senior Center and Wooddale Park to reflect this focus ". Ms. Kattreh replied it means they would really like us to focus on the strategic plan and not make the Senior Center as high a priority. She explained the Wooddale Park plan was moved down because of some of the concerns expressed by the Park Board as to how this got put so high on the priority list. In addition, they felt that a strategic plan should address some of these issues so that the Park Board has a better opportunity to make decisions. Member Jones indicated in looking at the two books being passed around she agrees there are whole sections she thinks they could leave out especially if they only have $60,000. She asked if there is some type of listing of normal compliments of a strategic plan, what other cities include in their strategic plans. Member Deeds replied he doesn't know for parks and recreation particularly but yes, there is a format for a strategic plan. Member Jones commented she does want to limit that because it's wasting time. Member Cella stated that they don't need to reinvent the wheel if there are 3, 4 or 5 good park plans that other cities have done and see what components are in their vision and then if they see those components, she doesn't even know that they need a consultant to help them work through that, they could maybe facilitate them working through their. vision. She stated there is no consultant that is going to come in and tell them what their vision is, if they can't.come up with a vision as a Park Board then they have other issues. Member Jones noted maybe this would be a retreat issue to which Member Deeds replied that or perhaps some focus groups and other things. He explained that focus groups are tricky things and that is where you want to get somebody who actually knows what they are doing. He would see the budget going less having some consultant write a report for them then having somebody be able to do some pretty solid market research, community needs assessment, because 2006 is 6 years old. Have some focus groups and discussions and try and understand what the various segments, both demographic segments as well as geographic segments, of the community are interested in. 8 Chair Steel stressed to the Park Board that it is on them to bring the brainpower to the table, it's going to be a little more work than looking at specific projects. Member Deeds suggested the best thing for next meeting for him would be a thorough a comparison of our infrastructure, etc. in the parks and recreation area to Eden Prairie, Minnetonka, etc. If they have a real good assessment of what they have and what they don't, relative to what they had as a starting point. Ms. Kattreh noted that in one document that they have access to the Proragis document that they did through the National Recreation Park Association because they can put in any filters they want to compare to other communities throughout the country. He stated maybe there are some other very well4nown communities that are kind of the standard of excellence that are worth benchmarking against, particularly if there are some like us that are an inner -ring burb that is older and that has done some interesting things. Member Segreto asked at what point does the reality of our budget impact the strategic plan because she has seen a lot of plans with great visions and ideas; however, there is no money to execute them. At what point does the reality of the budget impact the planning process. Member Deeds replied you begin to prioritize and then you go back to the decision makers, in this case it's the City Council, and you are either going to go out for a bond issue or you are going out for a bond and raise 20 or 30 million dollars for parks and recreation. Member Deeds explained your first cut is to present options to the decision makers so you go through and assess where are we weak, where are we missing the boat, etc., and where are the opportunities. Then you put together plans from this is the vision here and you put together price tags on them and then you go back to the decision makers before you go any further and you dig any deeper and you waste any more time. Member Segreto asked so it's an advocacy. Member Deeds stated before you waste any more time you either get thumbs up or thumbs down because there is no sense in going down into the weeds and going down into the level of detail and pushing through on everything if there is not the budget and support to do it. Member Gieseke informed the Park Board that the Mayor asked him if he could do anything with Fred Richard's Golf Course what would you do. Where are our strengths, where are our weaknesses, how do we compete and what would you turn that into to draw young couples and their children and keep the school system strong. Member Jones commented that brings up a really good point because they spent money on a golf consultant and were told that was not within the scope of looking at that and that we could not suggest to the golf consultant that it would not be anything other than a golf course. She stated that is the type of direction they need if they ever go into hiring out a consultant. They need to make sure they understand what is on the table as well as what can and cannot be on the table. Ms. Kattreh informed the Park Board cost recovery goals for enterprise facilities did receive City Council approval and she would think that would be something they could start mid to late year as they are approaching the budgeting process and business plan process again this year. Ms. Kattreh informed the Park Board regarding Garden Park baseball renovations they did not receive the large grant that they were hoping for; however, they did receive a $25,000 grant for batting cages and they still have $100,000 on the table from the Edina Baseball Association and $100,000 matching from the City CIP: She will be working with that group so they will have something for the Park Board. Ms. Kattreh informed the Park Board that regarding the Lake Edina pathway she thinks it is something that will not involve a ton of Park Board time although they will be hosting some public hearings on the project. Ms. Kattreh informed the Park Board regarding the Countryside Master Park they are hoping to receive approval from the City Council at the end of January and will hopefully start construction on the project this spring. Ms. Kattreh indicated to Member Segreto's point about the Senior Center she still thinks it's a really great project for them to take a look at this yearjust maybe hold off until the middle or second half of the year. She stated she would like to get the strategic planning process started as well as the community gardens started and thinks the middle of the year would be a good time to put together a committee to work on that. Chair Steel asked Ms. Kattreh to put together a tentative calendar knowing that the strategic planning process is going to kind of rule the schedule for the next meeting. Member Dan Peterson informed the Park Board that it was discovered by the soccer field study group that the church on Tracy Avenue on the south side of the Crosstown is in financial trouble and if anything happens he thinks the City and Park System should buy it. Member Deeds commented that is the perfect site forthe sports dome. Ms. Kattreh informed the Park Board that they have had discussions with the church about the property and that the City's Economic Development Coordinator talked to the church and reported his findings to the City Council and the City Council has decided that they are not interested. in pursuing that property at this time. She noted she has not been involved personally in any of the conversations but does know there are legal issues associated with the property that the city did not want to'get tangled up in. Member Deeds commented that they have so little remaining undeveloped space that when something like this comes up they can't let it pass. Member Dan Peterson indicated that he would be interested in joining other programs with other suburban park systems like Bloomington and Eden Prairie. They probably have more available land for a dirt bike path, etc., and just because it happens to be in someone else's territory doesn't mean our folks couldn't use it. It's a good way to share and reduce costs. Member Cella commented that it states under the Other Work Plan Ideas Considered for Current Year or Future Year "Cooperative agreement with School District for use, upgrade and maintenance at Creek Valley Park athletic fields and Cornelia School Park athletic fields" and asked what the status is. Ms. Kattreh replied there really is no status update at this point but there are conversations that she thinks they need.to have in 2013. They have very unusual situations at Cornelia and Creek Valley where the school is on city property and the city is on school property and added that she thinks they are probably very easy for them to work out. Member Cella indicated that when they are ready to have those conversations to talk to her because she is the Treasurer of the School Board and the chair of the Financing Facilities Subcommittee. Member Dan Peterson asked if the golf dome should that be part of this to which Ms. Kattreh replied she was going to report on that briefly under staff comment. She informed the Park Board they are struggling with their insurance provider, they still have not received a settlement offer from them but she is hoping to have a settlement offer by the end of next week. At this point they are hopeful they will have a dome open by October but that there is going to be a significant difference between their insurance and what it's going to cost them to rebuild the dome and excess rebuilding at this point a very rough number is approximately $800,000. Member Deeds asked does that then put them at a point of actually considering whether we rebuild a golf dome. Ms. Kattreh replied that the number could get to the point where the City Council could say we are not going to do it, it's definitely a possibility. She added they have already spent a fair amount of money on the consultants to get them to the point where they've already bid two aspects of the dome, the turf and the fabric so they have a lot invested in the program. She noted that one other thing is the fact that the dome burned down because of an electrical error of some type; however, they don't know if it was an equipment failure or 10 a contractor failure but there might be an opportunity for them to pursue legal action with them as well. Vll. CORRESPONDENCE AND PETITIONS None Vlll. CHAIR AND BOARD MEMBER COMMENTS Member Dan Peterson commented that the reason he brought up the golf dome is because two or three folks called him at home asking what is going on. He thinks it would be useful if something could be put on the City's website with updates of what is going on such as funding, the golf dome, sports dome and golf practice facilities for the summer, etc. Ms. Kattreh replied they do have the City Extra as an option where people have the ability to sign.on to different components. She indicated they have . not done a good job of utilizing that and it is another initiative staff will be working on. Member Jacobson asked if the park reservations system is in place that Mr. Keprios referred to last year. Ms. Kattreh replied no, their website implementation has been much slower than they had hoped and they are still wrestling with their online registration portion of it. She noted once they get that component operational, they will be rolling into the facility registration. Member Jones congratulated the park maintenance staff for their ice rinks and informed the Park Board there were professional hockey players, thanks to the strike, playing a pick —up game at Highlands Park. Member Deeds would like to congratulate whoever was involved in having the good insight to hire Ms. Kattreh. Ms. Kattreh replied she appreciates that and is very excited about the opportunity and looks forward to working with the Park Board more closely and added her door is always open. Member Deeds asked when they are reviewing the enterprise facilities will there be any opportunity for discussion about whether or not they are appropriately classifying the enterprise facilities to which Ms. Kattreh replied she thinks that is a great opportunity to have that discussion. IX. STAFF COMMENTS Ms. Kattreh informed the Park Board that regarding the Sports Dome update she has been working with the associations to gather field use data. She noted that hopefully they will be compiling that within the next month or two. In addition, she has also been working with Cunningham, Anderson and Johnson on very, very preliminary layouts for potential dome options at the Braemar athletic field site. Ms. Kattreh informed the Park Board that the Naming and Donations Work Group will go before the City Council work session on January 22nd to get their feedback. Ms. Kattreh informed the Park Board that the Edina Swim Club's residency requirement for their priority use of the Aquatic Center will be on the City Council's January 22nd agenda. She explained the reason they are going right to the City Council is because it was a City Council action that put this policy in place. She indicated that the Edina Swim Club is not able to achieve the 75% residency requirement so they are requesting that percentage be lowered to probably 60 %. She stated that she feels very confident they will be able to achieve 70% but if not she doesn't want to have to do it again. Member Peterson asked if there has been any word on the Veteran's project with the fundraising. Ms. Kattreh replied she believes they do have someone that is in charge of fundraising and informed the Park Board that Mr. Keprios is also staying involved on that committee. She noted they are going 11 strong on trying to continue to raise funds and get the project off the ground. Member Dan Peterson asked what the status is to which Ms. Kattreh replied in pledges and donations she believes they are just under $150,000. They need a much more aggressive fundraising effort and that is what they hope to be kicking off in 2013. Member Jones asked if there are any openings coming up for the Park Board to which Ms. Canton replied three people are up for re- election which she believes all will be returning. Member Segreto indicated that she has applied to be on the Three Rivers Park Commission and is not sure if there might be a conflict of interest of being on the Park Board and the Three Rivers Commission. Member Jones stated that she knows other Boards and Commissions have had their attendance - records available at each meeting and asked Ms. Canton if it would be possible for her to bring the Park Board attendance to their meetings. Ms. Canton replied starting next month she will do that. Meeting adjourned at 8:35 pm. 12 1L Edina Art Center Board Meeting Meeting Minutes City of Edina, Minnesota Edina City Hall Council Chambers January 24, 2013 4.30 P.M. I. Call to Order Mr. Bouassida called the meeting to order at 4:30 p.m. II. Roll Call Members Present: Hafed Bouassida, Bill McCabe, Dana Lappin, Barbara La Valleur, Ray Meifert, Kitty O'Dea, Thomas Raeuchle, and John Swon. Students Representatives Present: Anna Ellingboe and Melissa Stefanik. Members Absent: Colin Nelson Staff Present: Michael Frey, General Manager, Edina Art Center; Kaylin Martin, Edina Communications Coordinator Mr. Bouassida noted that Member McCabe, current Vice Chair and previous Chair of the Edina Art Center Board, has a term expiring on January 31, 2013. He thanked him for his years of service to the Board and for his dedication to the arts in Edina. He also recognized Ruth Valgemae, Justin Moran, and Tara Mohtadi whose terms expired during 2012. He reported that Member Colin Nelson was unable to attend. III. Approval of Meeting Agenda Chair Bouassida noted the meeting agenda had been circulated and asked if there were requests for additions or changes. No additions to the agenda voiced. lotion by Member La Valleur and seconded by Member O'Dea that the Art Center Board approve the January 24, 2013 agenda as presented. Ayes: Hafed Bouassida, Bill McCabe, Dana Lappin, Barbara La Valleur, Ray Meifert, Kitty O'Dea, Thomas Raeuchle, and John Swon. Motion carried. IV. Adoption of Consent Agenda A. Approval of Minutes— Regular Meeting of November 15, 2012 Chair Bouassida asked if there were changes or corrections to the minutes of the Regular Meeting of November 15, 2012. No changes voiced. Motion by Member Raeuchle and seconded by Member Swon that the Art Center Board approve the November 15, 2012 regular meeting minutes as presented. Ayes: Hafed Bouassida, Bill McCabe, Dana Lappin, Barbara La Valleur, Ray Meifert, Kitty O'Dea, Thomas Raeuchle, and John Swon. Motion carried. V. Community Comment No comments were made. VI. Reports /Recommendations A. Introductions .o comments made. .B. Arts & Culture Working Group Member Raeuchle provided background information on the creation of the Arts and Culture Working Group, noting that the group began meeting in 2012. Following approval of its goals by the City Council in December 2011, the group began -egular meetings to develop an agenda and process to complete a report to the City Council. He summarized the goals iat the group is working to meet and noted that the group would be meeting again soon to finalize details for a Joint Work Session presentation to the Council. Member La Valleur invited any interested members of the public to attend the meetings and bring their fresh ideas and thoughts. C. Edina Film Festival Member Swon reported that the second Edina Film Festival, which concluded in October 2012, and the input from the public has been great. He stated that the group has already met to begin planning of the 2013 event. D. Membership Member Lappin reported the membership activity for December and January, noting that 2012 ended with an increase of $3,000 in membership fee revenue over 2011. She explained that membership numbers fluctuate each month due to expiring memberships and renewal of memberships. She advised that she has tried to maintain consistency in sending out the expiring membership letters and cards in a prompt manner. She stated that she would like to investigate benefits that enhance membership. She also wants to search for additional members, not only inside Edina, but in other communities as well. She believed that the Arts and Culture Working Group will assist in bringing in additional interest and also mentioned other ideas to increase or enhance membership. E. Mission Statement Member Kitty O'Dea reported that, at the direction of the City Council, a committee of the Edina Art Center Board met with George Sutton, the consultant who analyzed the operations of the Art Center. One recommendation in the report was to develop an updated mission statement. She explained that the vision and purpose of the Art Center has expanded beyond simply offering classes. She read the current draft of the mission statement, "Our mission is to build a vibrant community and foster common bonds that contribute to the vitality of the city, to nurture talent and create �nues for expressing and appreciating the arts in Edina." She stated that the group has been. amending the statement nd sharing the statement with members of the City Council and the public. She hoped that the statement would be finalized in the next few months. Member Meifert stated that he would like to see more action in the statement. He believed that the basics were included but suggested that the statement be shortened. Chair Bouassida noted that discussion of this item would continue at the next Board meeting. F. Public Art Committee Member La Valleur highlighted the achievements of 2012, including printing the 2nd edition of the book Edina Sculptures, several sculptures included in the public art exhibits opened during 2012, map cards, free public tours of sculptures, and new methods of reaching out to people. She also provided information on the installation of QR codes to be placed near each sculpture this year. QR codes will provide a link to information on the artwork, the artist, EPAC and EAC, and how to make donations. She showed the new pales added to the 2nd edition of Edina Sculptures. She also noted the upcoming book signing Saturday, January 26 at the Edina Art Center. Member Raeuchle stated that although the Promenade is a great destination, he urged the Public Art Committee to look beyond that location so that members of the public are better able to stumble upon public art rather than drive to a destination. Member La Valleur stated that 50th and France is also a destination but agreed that any promotion or public event is beneficial. G. The Author's Studio Member Meifert reported on Mr. Nelson's behalf that The Author's Studio is in its second year and is offered the second "aturday each month. He explained that the program attempts to showcase Edina authors and noted that participation not limited to Edina residents. He advised that attendance has increased to about 20 guests per reading. He noted Mat many attendees make purchases in the gift shop to help support other local artists. He believes the program is well publicized and thanked. Mr. Frey for his efforts. H. Annual Report Member McCabe stated that the Art Center review process began about a year ago when the Director of Parks & Recreation was asked to interview consultants to analyze and comment on the operations of the Edina Art Center. He ,as advised by members of the Art Center Board who participated in reviewing and selecting a consultant. He reported ie firm Sutton and Associates was chosen and the scope was to discuss the operations, programs and services, the mission, and a comparative analysis with other local art centers. He reported that he and other members attended the tours of other local art centers and summarized what was found through those efforts. He summarized the recommendations that were made to the City Council by Sutton and Associates through this process. VII. Correspondence and Petitions Chair Bouassida asked if there was any correspondence or petitions. None voiced. VIII. Chair and Board Member Comments Chair Bouassida thanked all the members and staff of the Edina Art Center for their support and dedication to the arts and to the Art Center. He also thanked.the City for the opportunity to share the arts and cultural concerns with all the Edina residents. He asked that any interested residents bring questions or concerns to any future meetings of the Art Center Board. IX. Staff Comments A. General Manager's Yearly Report Mr. Frey thanked all Board members for their hard work, dedication, creativity, and passion for the arts during 2012, which was a time of change. He also recognized Ruth Valgemae and Lois Ring for their past service to the Art Center. Frey stated that after the consultant process this past year and the recommendation from the Sutton Report, the Art Center would not become a 503(c) 3 non - profit. The status of the Center would not be changed. He is also looking forward to the fundraising and philanthropic efforts in 2013. Frey noted that the Capital Improvement Plan includes an upgrade in software to technology that will integrate iembership and class registration information and which he is very excited about. He summarized the classes listed in ne winter class catalog, noting that only 16 percent of those classes were canceled. He stated that the Author's Studio and Film Festival were both newer programs and commended Members Nelson and Swon for their efforts as Chairs of those groups. He believes that the mission statement will soon be finalized and reported that he is ahead of schedule on the reorganization of the Art Center staff. He reported that the city of Edina currently has 12 open positions and the Art Center is on the list. He stated that he has been in contact with a number of local organizations, such as the Senior Center, Community Center, and High School and reported that those partnerships are developing nicely. Frey noted that this is the third year for the Edina Art Center's Teen Art Show and thanked Student Members Anna Ellingboe and Melissa Stefanik for their work on this year's event. He mentioned a possible expansion into a retail site at the Southdale Center. He stated that he is one of five judges for the Edina Art Fair this year and noted that the Art Center has a strong presence at the event with 2 booths, one of which is a pottery demonstration booth on 50th. He mentioned how people are fascinated by the moving pottery wheel which attracts both young and old and everyone in between. Frey mentioned that during the Sutton consultant study, the working group toured other facilities. While the Art Center is strong in programming, other facilities have invested in infrastructure and noted that space continues to be an issue for the Art Center. He stated that he made a difficult decision in.2012 to close the darkroom at the Art Center, as the movement has been towards digital photography. Darkroom equipment was sold and the space turned into a pottery pugging space. He reported that marketing continues to be a challenge for the Art Center and believes additional focus should be put into this area. He stated that the gallery and gift shop continue to show decreased sales and believes the economy continues to have an effect on that revenue source. He advised that donations have also declined in the past two years. He stated that the current membership as of January is 900 compared with a 2012 goal, of 1,000 members and noted that while the Art Center reached that mark in July he hopes to retain that number throughout the year. He stated that made a decision to not apply for a MN State Arts Board grant for 2014. He stated that Member McCabe and Edina ity staff were essential in obtaining information for the grant, but Frey believed that more of the Sutton recommendations should be put into place before applying for the grant again. He provided information regarding the Juried Art Show for 2012, which returned an income of $5,000. He thanked everyone once again for their efforts and hoped to have a great year going forward. Member La Valleur stated that she enjoys working with Mr. Frey and commended him for his efforts. She also advised of a method of donating through resident utility bills. Member O'Dea commended Mr. Frey for his efforts in expanding art activities outside of the Art Center walls. X. Adjournment Motion by Member Raeuchle and seconded by Member Barbara La Valleur that the Art Center Board adjourn the meeting at 5:30 p.m. Ayes: Hafed Bouassida, Bill McCabe, Dana Lappin, Barbara La Valleur, Ray Meifert, Kitty O'Dea, Thomas Raeuchle, and John Swon. Motion carried. . MINUTES OF CITY OF EDINA, MINNESOTA TRANSPORTATION COMMISSION COMMUNITY ROOM DECEMBER 20F,2012 6:00 P.M. ROLL CALL Answering roll call was members Bass, Braden, Franzen, lyer, Janovy, LaForce, Nelson, Schweiger, Sierks, and Thompson. APPROVAL OF MEETING MINUTES REGULAR MEETING OF NOV. 15.2012 The following correction was made: Page 4, paragraph 4, delete entire paragraph and replace with 'Member Janovy said engineering's role in communications should be to provide the technical expertise to the communications department and let them know when projects are coming up so that a communications plan can be developed. She said communications department staff is the communications professionals. They should be developing the relationship with the engineering department to stay ahead of the issues, rather than react. She said in their committee discussion she asked, "What is the role of the communications department: how do they work to identify the communications needs of other departments ?" Director Houle said he believes they work on hot issues and residents' reaction to the bike lanes took everyone by surprise. He said the communications department does not work with other departments to anticipate upcoming issues.' Motion was made by member Bass and seconded by member Janovy to approve the amended minutes of Nov. 15, 2012. Aye: Bass, Braden, Franzen, lyer, Janovy, LaForce, Nelson, Schweiger, Sierks Abstain: Thompson Motion carried. COMMUNITY COMMENT Mary Everett, 5600 Park Place, said she was in attendance to be more informed about things like the bike advisory lane on Wooddale Avenue and airport noise. Laura Hemler, 5601 Park Place, said she has actively opposed the bike lane on Wooddale Avenue and is in attendance to learn more about the process and how they were approved. REPORTS /RECOMMENDATIONS 2013 Capital Improvement Plan (CIP) and Work Plan Update Director Houle said this is on the agenda because member Janovy brought it to his attention that many of the items listed are transportation related. Member Janovy said she there are items listed such as the Greater Southdale Area Transportation Study that is not on the ETC's Work Plan. She asked for feedback from the ETC and also asked how the projects would be coordinated. Director Houle explained that all the projects in the CIP are staff initiated and that the ETC will become involved but that staff was taking the lead role. He said the Greater Southdale Area Transportation Study is planned because of ongoing redevelopment in the area and staff would like to create a master plan. Member Bass mentioned the Grandview Area Small Study process that studied land use and traffic and allowed for input. Director Houle said land use and transportation goes together and this study will involve 1 A the community development - planning department; however, it will not be a small area study like Grandview. Member Janovy said Southdale is important and expressed concerns that if the study is done in engineering without a global approach, they will not get what they need. Director Houle said it will not be done solely in engineering. He explained that the study will not include land use changes but instead will be focused on the roadway; for example, should a single lane become two lanes; should two lanes become four lanes, etc. Member Bass said she agreed with this but there are in -fills and the area is changing. Director Houle said he will be incorporating the Living Streets Policy and will be looking at all modes of transportation. Member Bass said she wanted to be sure that it is comprehensive and that input is solicited from area residents. Chair Nelson noted that the France Avenue Intersection Enhancements project will be going on at the same time as the Greater Southdale Study is underway. Director Houle said there are already some data available that they will be analyzing. While there isn't a defined boundary for Southdale, Director Houle anticipates the study boundary to be from York Avenue over to Valley View Road and from Crosstown down to about W. 76th Street. He said the process would include going out for a Request for Proposal (RFP) and the RFP would be developed by a group that could be a working group of the ETC. Chair Nelson said based on feedback tonight it would be good to have a working group involved. Other projects in the CIP that were discussed are: • Promenade Phase III —this is the unimproved sidewalk behind Byerly's that will be a bike lane and a water feature. • France Avenue & TH62 Reconstruction — this is a high crash area that Hennepin County studied for potential redesigning of the lanes to prevent T -bone accidents. There are no plans currently underway to reconstruct the entire intersection. • Pedestrian Bridge over TH62 — member lyer asked if input has been solicited from the schools. Director Houle explained that the projects in the CIP are 'place holders' and that plans are not yet drafted for them. He said when planning begins, all stakeholders will be included. Member lyer asked when would the ETC and other stakeholders become involved. Director Houle said it depends on the project but for a 2014 project, planning would begin in 2013 and for the bridge in particular, which will represent a brand in the community, he anticipates the ETC's involvement as well as others. Member lyer said he's always wondered when was the ideal time to seek input — at the beginning or after you already have some information; he said both are positive and negative. Continuing, member lyer said he liked the title but not the description. He suggested other connections (Westshore Drive, Virginia Avenue, Concord Avenue) that might work better than the current location when thinking of Safe Routes to School. Member Janovy asked if the suggestions could be communicated to the Safe Routes to School consultant for review as this study is currently underway. Member Janovy suggested revisiting this again in six months. Traffic Safety Committee Report of Dec. 12, 2012 Section B. I. 'Highland Road is classified as City street' should read 'Highland Road is classified as local street.' Member Janovy is concerned with the wording'MNMUTCD has standards in which a Yield sign should be placed at an intersection...' She said standards means something and in this case it is guidance 2 er 4 that is being provided.. She suggested rewording as 'The MNMUTCD provides guidance on when a Yield sign should be placed at an intersection...' Chair Nelson said it is a little upsetting to see the mention of a lack of sidewalk when the ETC recommended a sidewalk when the- neighborhood streets were reconstructed but it was not approved. Section B. 2. Member Janovy asked if the 6 -hr parking would be enforced and Director Houle said yes. Motion was made by member Franzen and seconded by member Braden to forward the Dec. 12 Traffic Safety Committee Report to the City Council. All voted aye. Motion carried. Meeting Schedule for 2013 The October meeting will be the 4th Thursday of the month because of MEA weekend. Updates Student Members None. Bike Edina Task Force Received minutes of Nov. 81 2012. Member Janovy said the City of Minneapolis did a presentation on their bike lanes and the presentation was forwarded, to the ETC. She reported that the following bike and pedestrians counts were done: • 55th & Wooddale: Bike count, Thursday, August 16, 2012: 197 (approx. 21 hour video count -- missing 12:30 -3:30 p.m.) Bike count, Wednesday, October 3, 2012: 107 (24 hour video count) Ped count, August 16, 2012: 104 Ped count, October 3, 2012: 104 • 54th and Halifax: Bike count, Saturday, August 18, 2012: 106 (21 hour video count -- missing 1:00 -4:00 p.m.) Bike count, Monday, October 8, 2012: 16 (24 video count) Ped count, August 16, 2012: 129 Ped count, October 8, 2012: 314 Living Streets Working Group Member Thompson handed out the minutes from their last meeting which lists the progress they have made so far. He said if the requested budget was not approved, that they would do a 'watered down' version similar to that of the City of Maplewood. He said member Janovy did a draft 'watered down' policy using the policy from City of Maplewood, City of Los Angeles and the work that has been done by BARR and HR Green. He said staff would take the lead with implementation of the final policy with the ETC providing support. Member Thompson, city engineer for the City of Maplewood, said they wrote their policy internally after getting input from a taskforce and stakeholders. He said it was used in 2011 and 2012 when they did street reconstruction. Member Braden recalled that City of North St. Paul also developed a Living Street Policy the same time as City of Maplewood but they did not approve a component of their policy for implementation. Member Thompson said it could.be a cultural difference and education between the two cities. Member Braden said they need to be aware of this so the same thing doesn't happen in Edina. Member Thompson said they had an internal taskforce and then they included boards and commissions. He asked for feedback on moving forward. Member Franzen asked if the next step is to put together the classification and member Thompson said it would be to form another working group to review the d'r'aft policy before it goes to staff. Member Thompson said a new category was created called 'local connector'— this is a local street that is a main artery into a neighborhood and it would have a sidewalk on at least one side but no sidewalk on streets with lower level traffic. He said Member Janovy have already identified some of the 'local'connector' streets. He said they were not defined to give staff flexibility. Transportation Options. Working Group Received minutes of Nov. 13, 2012. Communications. Committee — Draft Citv of Edina Pedestrian and Bicvcline Policv ! Member LaForce said because of the committee's concern that City policies are scattered all over and residents might say they are making up things; they've created a new draft City of Edina Pedestrian and Bicycling Policy Statement to put everything in one place. Member Braden asked what was meant by 'prioritizing transportation right -of -way (ROW).' Member LaForce..said.they can use the ROW for anything; for example,-Wooddale Avenue does not only have to be for parking. Member Janovy added that transportation ROW is for transportation but they run into challenges with things like landscaping in the ROW even though they are not allowed and this makes it difficult for putting in sidewalk. This is in policy already said member Janovy but it is all over the place. Feedback included the following: Member Franzen suggested citing where each policy came from and member Janovy said it was difficult to note where everything came from because they are all related. Member Thompson asked what difference another policy was going to make from all the other policies. Member Franzen said it looks like a different policy but it sounds like they are trying to summarize all policies and if so, this should be stated in the purpose. Regarding Policy Statement #5 where it talks about removing snow, member Braden asked if the City is going to remove snow for her. Director Houle said removing snow from sidewalk along county roads, state aid roads and around schools is common practice. Member Janovy thinks the City should remove snow from all sidewalks. This sentence will be reworded to reflect the current practice. CORRESPONDENCE AND PETITIONS Chair Nelson said most of the emails were talking about the bike lane on Wooddale Avenue. Member Janovy said one letter referenced Hibiscus Avenue and that she recommended sidewalk. She asked to have the minutes changed to reflect the actual conversation. Member Janovy motioned to change the Oct 25 minutes and the motion was seconded by member LaForce. Member LaForce motioned to change the Oct 25 minutes as follow: in the Lake Edina section delete 'Member Janovy recommended a sidewalk on 4 e Normandale Road to Hibiscus Avenue to Kellogg Avenue because of speed and volume and to connect with the Nine Mile trail that is coming soon.' And replace with 'Member Janovy suggested that staff evaluate the feasibility of sidewalks on Normandale Road and Hibiscus Avenue.' The motion was seconded by member lyer. All voted aye. Motion carried. CHAIR AND COMMISSION MEMBER COMMENTS Member LaForce asked if any safety upgrades had been done at the top of the ramp at Benton Avenue and Normandale Road, coming from southbound TH100. He said cars coming up the ramp do not stop and he has experienced this at least once a month when biking. Director Houle said he will take a look at the area. Member Janovy said there was a ROW easement vacation on Benton Avenue and she thought City Council did not want to give up any ROW until "they were inventoried. Also, there were two public comments on traffic: one about United Health in Minnetonka, and the other about Pizzeria Lola at Sunnyside Road and France Avenue. She said to expect these at the TSC. Member Bass asked if there is a policy or exception for disabled residents to remove snow. Director Houle said they are required to remove their snow and if they can't there are resources available. She asked if there were any feedback now that Tracy Avenue (Vernon to Benton) is opened and Director Houle said not directly (the Mayor passed on feedback that he heard while campaigning - residents like it!) Member lyer asked if there is a formal process to get feedback when projects are completed. Director Houle said no but recently, staff did a communications audit that led to changes in how engineering communicates with residents. He said a good indicator for him is how few residents attend the final assessment public hearing. Member lyer said he would like to know how effective the commission has been. He said they have been involved in major projects and would like to know if they are making the right decisions or how they are perceived, by residents.. Member Janovy said; the City Council gave the ETC the Wooddale Avenue bike lane project and said to make something happen and as for the. neighborhood reconstruction projects, they've only been involved for two years. Member lyer said he understands that the ETC does not make decisions but they do make recommendations and as a part of the process, he would like to know what people think about their recommendations. Chair Nelson said the PACS funding was approved by City Council. STAFF COMMENTS All of the neighborhood projects were approved by City Council on Dec. 11 and bids will be opened in February /March. Southwest LRT announced their preliminary engineers and they are Kimley Horn & Associates and AECOM. City Council approved the final development plans for 6500 France Avenue. At their expense, the developer will upgrade the intersection to match the intersections in the France Avenue Intersections Improvement project. Other developments around the Southdale area are: a new transit center by JCP is planned for next year; and enhanced crossing from the West End and Barnes and Noble across 69th Street which could also include a roundabout (to be determined when the Greater Southdale Transportation Study is done). 5 ADJOURNMENT Meeting adjourned. ATTENDANCE TRANSPORTATION COMMISSION ATTENDANCE NAME TERM IJ F M A M J J A S O N D Work Session # of Mt9s Attendance Meetings/Work Sessions 1 1 7 1 1 1 1 1 1 1 1 1 1 13 Bass, Katherine 2/1/2014 1 1 1 1 1 1 1 1 1 1 1 4/17/2012 11 85% Braden, Ann 2/1/2014 1 1 1 1 1 1 1 1 1 1 10 77% Franzen, Nathan 2/1/2013 1 1 1 1 1 1 1 1 1 1 1 11 85% er, Su rya 2/1/2015 1 1 1 1 1 1 1 1 1 1 1 11 92% Janovy, Jennifer 2/1 /2014 1 1 1 1 1 1 1 1 1 1 1 1 1 13 100 %, LaForce, Tom 2/1/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 100% Nelson, Paul 2/1/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 92% Schwei er, Steven student 1 1 1 1 1 1 1 1 1 1 10 77 % Sierks, Caroline student 4 100% Thom son, Michael 2/1/2013 1 1 1 1 1 1 1 #1,, 1 1 1.1 85% Whited, Courtne 2/1 /2015 1 1 1 1 1 1 1 1 10 831/6 MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL FEBRUARY 5, 2013 10:26 P.M. CALL TO ORDER Chair Hovland called the meeting to order at 10:26 p.m ROLLCALL Answering rollcall were Commissioners Bennett, Brindle, Sprague, Swenson and Chair Hovland. MINUTES OF THE REGULAR MEETING OF JANUARY 22, 2013 APPROVED Motion made by Commissioner Bennett and seconded by Commissioner Sprague approving the Minutes of the Regular Meeting of the Edina Housing and Redevelopment Authority for January 22, 2013. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Motion carried. RESOLUTION NO. 2013-02 AUTHORIZING PURCHASE AGREEMENT FOR PROPERTYAT 3930 WEST 49X STREET ADOPTED Economic Development Manager Neuendorf noted the City and Housing and Redevelopment Authority (HRA) has studied the parking availability at the 50th and France business district and found that additional public parking was needed to support the continued success of this district. He stated the study confirmed that the existing North Parking Ramp at 3936 -3940 West 49 -1/2 Street has the ability to be expanded to provide additional public parking for customers and employees. Construction of additional parking at the North Ramp would be preferred before any renovation of the South and Middle Ramps. The new parking would make up for the temporary loss of spaces during the renovation process. Mr. Neuendorf reported the two -story office building at 3930 West 49 -1/2 Street is currently available for lease or for sale. The current tenants will be relocating in Spring 2013, leaving the property vacant. Mr. Neuendorf stated the City /HRA has negotiated terms of a purchase agreement with the owner as follows: • The purchase price will be no more than $2,650,000. • The closing date shall be on or about June 3, 2013. • During the due diligence period, the City /HRA retains the rights to further investigate the property. • An independent third -party appraisal will be obtained to validate the value of the property. • A Phase I environmental study will also be conducted. In the event that environmental contamination is identified, the City /HRA is not obligated to purchase the site. • The current owner would be responsible for removing any asbestos, prior to closing. • All tenants must vacate the building prior to closing. • The City /HRA must complete due diligence by April 3, 2013. Mr. Neuendorf explained that existing TIF monies were anticipated to be used to fund the purchase. Presuming that the public parking ramp was expanded on the site, long -term debt may be issued to finance acquisition over a multi -year period. Following a brief discussion, Commissioner Swenson made a motion, seconded by Commissioner Sprague adopting Resolution No. 2013 -01 Authorizing the purchase agreement for the property at 3930 West 49'/: Street as amended. Ayes: Bennett, Brindle, Sprague, Swenson, Hovland 1 Minutes /Edina Housing and Redevelopment Authority /February S. 2013 Motion carried. The Chair extended thanks to Consultant Jack Rice for his assistance to the HRA /City. There being no further business on the Edina Housing and Redevelopment Authority Agenda, Chair Hovland declared the meeting adjourned at 10:32 p.m. Respectfully submitted, Scott Neal, Executive Director V J Economic Development Manager o (Le, �g 0 1*Y P�AtA, , 7RRP i Item #: III. Action Discussion ❑ Date: February 19, 2013 Information ❑ Subject: Resolution No. 2013- 03, Authorizing the 2013 "Open to Business" Program Action Requested: Adopt Resolution. Information / Background: In 2012, the City / Housing and Redevelopment Authority (HRA) implemented an "Open to Business" program to provide free business consultation to Edina -based entrepreneurs and others interested in opening a small business in Edina. The Metropolitan Consortium of Community Developers (MCCD) was contracted to provide the service based on their success in other cities. In the first year, MCCD served 17 Edina clients and provided consultation on a variety of business ideas including. optometrist, cross cultural marketing consulting, plastic moving box rental, restaurant, financial planner, risk management consulting, importlexport, food manufacturer, and staffing agency. These efforts resulted in the creation or retention of 23 jobs. To achieve these results, MCCD also approved capital loans totaling $80,000 to bring the ideas to fruition. In 2013, Hennepin County has again offered to split the costs to municipalities that provide this service. The Hennepin County HRA will fund up to 509/o of the $10,000 annual fee provided that Edina contributes a matching amount ($5,000). Based on the success of the program in the first year and the potential for even better results in 2013, staff recommends that the Edina HRA approve this program and authorize staff to seek funds from Hennepin County and renew a contract with MCCD to continue providing this service. Attachments: Resolution No. 2013 -03 City of Edina • 4801 W. 50th St. • Edina, MN 55424 RESOLUTION NO. 2013 -03 AUTHORIZING THE 2013 "OPEN TO BUSINESS" PROGRAM WHEREAS, the Edina Housing and Redevelopment Authority initiated the "Open to Business" program in 2012 with the intention of providing business consultation to Edina -based entrepreneurs and others interested in opening a small business in Edina; and WHEREAS, the Hennepin County Housing and Redevelopment Authority has again offered to share the program costs whereby half of the costs will be borne by the County and half by the City; and WHEREAS, the Metropolitan Consortium of Community Developers has successfully provided the Open to Business services to residents and business owners resulting in the creation or retention of at least 23 jobs in 2012. NOW, THEREFORE, BE IT RESOLVED, the Edina Housing and Redevelopment Authority authorizes staff to apply for the Hennepin County grant funding and authorizes staff to execute a contract with the Metropolitan Consortium of Community Developers to provide the professional services in 2013. Attest: Dated: February 19, 2013. Ann Swenson, Secretary STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF EXECUTIVE DIRECTOR James B. Hovland, Chair I, the undersigned duly appointed and acting Executive Director for the Edina Housing and Redevelopment Authority do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina Housing and Redevelopment Authority at its Regular Meeting of February 19, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of Executive Director V Hennepin County 2013 Economic Development Initiative "Open to Business" Request for Matching Funds Instructions Please complete the following questions and return completed form along with a copy of the city council resolution described above to the following address by mail or e-mail no later than January 15, 2013. Patricia L. Fitzgerald, Principal Planning Analyst Hennepin County Department of Housing, Community Works and Transit 701 Fourth Avenue South, Suite 400 Minneapolis, Minnesota 55415 direct: 612-543-0864 email: patricia.l.fitzgerald@co.hennepin.mn.us Applicant(s): City of Edina Housing and Redevelopment Authority Street address: 4801 West 50th Street, Edina, Minnesota Zip code: 55424 Primary contact person: Bill Neuendorf, Economic Development Manager Phone: 952 - 826 -0407 E -mail: bneuendorf @edinamn.gov Amount of HCHRA funds requested: $ 5,000 Annual fee for "Open to Business ": $10,000 total Source of funds for local match: Edina HRA Date funding approved: February 19, 2013 (anticipated) Proposed timeframe for "Open to Business ": Start date: Jan. 2013 End date: Dec 2013 Explain the need for entrepreneur development and small business technical assistance services in your community and the location(s) in your community that would most likely receive this development assistance. Edina is home to a large and varied entrepreneurial community, including a number of retired professionals with an ongoing interest to create job opportunities as well as a number of early career entrepreneurs seeking guidance and mentoring to bring their business ideas to fruition. There are significant numbers of small business people working from home offices and at local libraries and coffee shops. In 2013, the Open to Business program will target these individuals to provide opportunities to grow their businesses. 2. How would your community promote the "Open to Business" initiative to your entrepreneurs and small businesses? The Open to Business program will be promoted using a variety of means available to the City and HRA, namely website, newsletter, cable television and social media. We will also partner with local partners at the Edina Chamber of Commerce to identify potential candidates. We will engage local media, such as Patch and Sun - Current, as well as local educational programs, such as DECA and Mankato State, to raise awareness of the program. Finally, we will reach out directly to aspiring business people by reaching them where they are: coffee shops, libraries, and other non- traditional work places. 3. How does the "Open to Business" strategy complement other economic development initiatives in your community, or would this be a new venture for your community? If this is a new venture, explain how the initiative fits your community's goals and plans. The City of Edina initiated this program in 2012 when it hired its first full -time Economic Development Manager, The City continues to become more proactive in reaching out to existing, new and aspiring businesses. For example, the City is co- hosting an Export Initiative to promote international growth among our existing business community. The continuation of the Open to Business program is an important component of the City's strategy to be more proactive in working with the business sector. 4. Which staff would oversee the "Open to Business" strategy and how would the outcomes and experiences of this initiative be tracked and utilized? In August 2012, the City hired its first Economic Development Manager. This Manager is responsible for implementing, promoting and tracking the Open to Business program. The City's Communication Department is an instrumental partner and is tasked with using best practices to promote the program to residents and businesses in Edina. The effectiveness of the program will be evaluated at year end. Key benchmarks include: number of client contacts, capital lending approved by MCCD, private capital leveraged and jobs created or retained. 2 Contract for Services Between the City of Edina Housing and Redevelopment Authority Metropolitan Consortium of Community Developers for the Open to Business Program THIS AGREEMENT, is made and entered into as of the day of February 2013, between the City of Edina Housing and Redevelopment Authority (herein called HRA) and Metropolitan Consortium of Community Developers, (herein called "MCCD "). WHEREAS, the Edina HRA wishes to retain an entity with the capacity to provide small business technical assistance to existing businesses and those parties interested in opening a business in Edina (the "Initiative ") and WHEREAS, MCCD has represented itself as competent to provide the services required to administer and carry out the Initiative; and WHEREAS, the Edina HRA wishes to engage MCCD to provide said services necessary to carry out the Initiative; NOW THEREFORE, it is agreed between the parties hereto that; 1. TIME OF PERFORMANCE The service to be provided by MCCD shall commence upon execution of this Agreement and shall terminate as of December 31, 2013. All services, documents, and information to be furnished or performed by MCCD in order to carry out the Initiative shall be furnished or performed as promptly as possible, and with the fullest due diligence. 2. COMPENSATION Total compensation to MCCD shall be $10,000 for a one year period (the Contract Amount) to manage the Edina Open to Business program. The Contract Amount will be paid in two equal installments: $5,000 due and payable by the Edina HRA upon execution of this Agreement, and $5,000 invoiced and dated on or about 6 months from the agreement date, payable by Hennepin County Housing Redevelopment Authority. 3. SCOPE OF SERVICES MCCD will use the Contract Amount to provide technical assistance to existing Edina businesses, residents and parties interested in starting a business in Edina; (See Exhibit A Scope of Services -Edina Open to Business Program). 4. REPORTING MCCD agrees to submit quarterly reports related to its operation of the Edina Open to Business program. Items to be reported on include, but are not limited to, the following: ➢ Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened ➢ Number of business expanded/stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs The required reporting schedule is as follows: I St quarter January — March, report due April 30th 2nd quarter April — June, report due July 31St 3`d quarter July — September, report due October 31St 4th quarter October — December, report due January 31 St of 2014 MCCD will provide additional reports as requested by the Edina HRA. 5. PERSONNEL MCCD represents that it has, or will secure, at its own expense, all personnel required in performing the services to carry out the Initiative. Such personnel shall not be employees of or have any contractual relationship with the Edina HRA. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to Edina HRA employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. 2 6. INTEREST OF MEMBERS OF THE CITY, HRA AND OTHERS No officer, member, or employee of the Edina HRA, and no member of its governing body, and no other public official or governing body of the locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, shall participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he /she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement.or proceeds thereof. 7. ASSIGNABILTY MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written approval of the Edina HRA thereto. 8. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal and state laws, statutes and applicable regulations and the ordinances of the City of Edina. 9. INSURANCE MCCD agrees to provide proof of workers' compensation and comprehensive general liability insurance. Comprehensive general liability insurance shall be in the minimum amount of $1,500,000 10. HOLD HARMLESS MCCD agrees to defend, protect, indemnify and hold harmless the City of Edina, the Edina HRA, their agents, officers and employees harmless from and against all liabilities, losses, damages, costs, and expenses, whether personal, property, or contractual, including reasonable attorney's fees, arising out of, or related to the administration and operation of the Initiative, and from any act of negligence of MCCD, its officers, employees, servants, agents, or contractors. The Edina HRA agrees to defend, protect, indemnify and hold harmless the MCCD, its agents, officers and employees harmless from and against all liabilities, losses, damages, costs, and expenses, whether personal, property, or contractual, including reasonable attorney's fees, arising out of, or related to the administration and operation of the Initiative, and from any act of negligence of the Edina HRA, their officers, employees, servants, agents, or contractors. 11. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: David Chapman, Director of Lending and Operations Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the Edina HRA: Scott Neal Executive Director City of Edina Housing and Redevelopment Authority 4801 W. 50th Street Edina, MN 55424 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. 12. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY OF EDINA HOUSING AND REDEVELOPMENT AUTHORITY By: James Hovland, Its Chair And by: Scott Neal, Its Executive Director METROPOLITAN CONSORTIUM OF COMMUNITY DEVELOPERS By: Jim Roth, Its Executive Director Exhibit A Scope of Services Open for Business Technical Assistance Services MCCD will provide intensive one -on -one technical assistance to Edina businesses, Edina residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Edina. Technical assistance includes, but is not limited to, the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing, ➢ Cashflow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD will also provide technical assistance on a walk -in basis monthly in Edina City Hall or as requested at a place of business within Edina. Open for Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides its financing in partnership other community lenders, banks or both. 5 EXHIBIT B Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start -up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Projects: • Borrowers must be a "for - profit" business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: Loan interest rate is dependent on use, term and other factors, not to exceed 10 %. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: Borrowers are responsible for paying all customary legal and other loan closing costs. C