HomeMy WebLinkAbout2011-12-20_COUNCIL MEETING. AGENDA
CITY COUNCIL MEETING
CITY OF EDINA, MINNESOTA
CITY COUNCIL CHAMBERS
DECEMBER 20, 2011
7:00 P.M.
0Y- 11IIILiX*l:ZIT�0
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 December 6, 2011, Work Session of December
6, 2011, and Work Session of December 15, 2011
B. Receive Payment Of Claims As Per: Pre -List Dated 12/8/2011, TOTAL $803,793.34; Pre -List
Dated, 12/15/2011, TOTAL $1,032,333.74 Credit Card Transactions Dated 9/27/11 to
10/25/11,,.TOTAL $10,994.38
C. Request For'Purchase 14 —Titan Assault Enhanced Tactical Vests — Police Department
D. Resolution No. 2011 -131 Approving An Amendment To The City's Financial Management
Policies
E. Adopt City of Edina Comprehensive Water Resource Management Plan
F. Engineering Services For 50th And France Parking Structure Improvements
G. Engineering Services.for Gallagher Drive Street Improvements
H. Resolution No. 2011 -132 Setting January 17, 2012 Public Hearing:
1. " Improvement BA -385 Countryside Neighborhood Street Reconstruction
2. Improvement No. BA -388 Richmond Hills Park Neighborhood Street Reconstruction
I. Request For Purchase — Sewer Jetter
J. Resolution No. 2011 -133 West 701h Street Speed Limit
K. Appoint Members To Neighborhood Identification Steering Committee
L. Request For Purchase —.4 -Wheel Drive Pick Up Truck — Fire Department
M. Construction Management Services For York Liquor Store Remodel
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Agenda /Edina City Council
December 20, 2011
Page 2
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
A. Prevention Works 2011 Proclamation
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 — Vacation of Easement 5023 Nob Hill Drive Resolution No. 2011 -130
(Favorable vote of majority of Council Members present to approve)
VII. COMMUNITY COMMENT
During "Community Comment," the City Council will invite residents to share new issues or
concerns that haven't been considered in the past 30 days by the Council or which aren't slated for
future consideration. Individuals must limit their comments to three minutes. The Mayor may
limit the number of speaks on the same issue in the interest of time and topic. Generally speaking,
items that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead
the Council might refer the matter to staff for consideration at a future meeting.
VIII. REPORTS /RECOMMENDATIONS: (Favorable vote of majority of Council Members present to
approve except where noted)
A. Appeal Of Edina Park Board Decision Regarding Edina Aquatic Center Swim Team Use Policy
B. Resolution No. 2011 -128 Setting 2012 Tax Levy and Adopting 2012 Operating Budget
C. Ordinance No. 2011 -21 Amending Section 300.17 Adding Provisions Allowing Fees For
Registration of Dangerous Dogs (First Reading: Requires offering of Ordinance only. Second
Reading: Favorable rollcall vote of three Council Members to pass. Waiver of Second Reading:
Affirmative rollcall vote of four Council Members to pass.)
D. Ordinance No. 2011 -18 Setting Fees for 2012 (Second Reading: Favorable rollcall vote of
three Council Members to pass.)
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Agenda/Edina City Council
December 20, 2011
Page 3
E. Ordinance No. 2011 -20 Concerning Real Estate Signs in the R -1 and R -2 Zoning Districts
(Second Reading: Favorable rollcall vote of three Council Members to pass.)
F. Resolution No. 2011 -129 Accepting Various Donations
G. Select Date For 2012 Annual Dinner Meeting With Boards And Commissions
H. Select Date For 2012 Annual Volunteer Recognition Reception
I. Ordinance No.2011 =22 Setting 2012 Morningside Area Utility Rates (First Reading: Requires
offering of Ordinance only. Second Reading: Favorable rollcall vote of three Council Members
to pass. Waiver of Second Reading: Affirmative rollcall vote of four Council Members to pass.)
IX. CORRESPONDENCE AND PETITIONS
A. Correspondence
X. MAYOR AND COUNCIL COMMENTS
XI. MANAGER'S COMMENTS
XII. 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 OFt;UPCOMINGpMEETINGS /DATES /EVENTS '
Dec 20
Jnt Wk Session Council, Ph Comm & Grandview Exec. Committee
5:30 P.M.
COMMUNITY ROOM
Dec 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Dec 26
CHRISTMAS.HOLDIAY OBSERVED — City Hall Closed
Jan 2.
NEW YEAR'S. HOLIDAY OBSERVED — City Hall Closed
Jan 3
Work Session — Edinborough Study Presentation
5:00 P.M.
COMMUNITY ROOM
Jan 3
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Jan 4
Board & Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Jan 9
Board & Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Jan 16
REV. DR. MARTIN LUTHER KING JR. HOLIDAY OBSERVED — City
Hall Closed
Jan 17
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Jan 23
Board & Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Feb 6
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Feb 7
PRECINCT CAUCUSES
Feb 20
PRESIDENTS DAY HOLIDAY OBSERVED — City Hall Closed
Feb 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Mar 6
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Mar 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tuesday, December 20, 2011
Edina City Council
4801 West 50th St. HAND DELIVERED
Edina, MN 55424
RE: Second Request for investigation and suspension
Edina City Council:
This is a second request to initiate a BCA investigation of the handling of the 2010 Edina
church vandalisms by the Edina Police Department. My first request was delivered to the
Council on December 5 and also mailed to the Attorney General. It stated in part:
"START QUOTES ... seven worship places in Edina in June of 2010. I am requesting
that the City Council suspend ... Chaplain Wheeler until the completion of the
investigation. Please address this request publicly at the City Council meeting on
Tuesday, December 6, 2011.... I am a resident of Edina and former president of Cross
View Lutheran Church in Edina. In 2005 I resigned as president of the church after I
began an investigation and audit into financial matters within the church. In 2010, I
learned that the matter had not been properly investigated and I asked ... if I could
apologize to the congregation... It is my belief that ... Chaplain Steven Wheeler
purposely misled the media, the churches, citizens of Edina, the courts, and the public at
large regarding the reasons and parties responsible for the vandalisms. The individual
that vandalized the worship places has been caught... Although an arrest has been made,
Malcolm Eric Johns has not provided the meaning behind the markings... The Attorney
General is being copied because Section 302A.917... intervene when the public interest
requires intervention. The acts were committed at churches... this matter is clearly within
the public's right and interest to know the truth. Because these matters deal with the
internal operations of the Edina Police Department, the investigation must be conducted
by an independent and impartial entity. The Bureau of Criminal Apprehension (BCA) is
mandated for this purpose. Further, it would be improper for the City Council... During
my participation in the Edina Police Citizen's Academy, we learned that the city has paid
out over $200,000 in legal fees defending ... See my faxed ... letter to Chief Long. It
is not my intention to bring legal action against the city of Edina. However, in October I
was told by a man in Washington DC, one who knows about these matters and has visited
Minnesota in the past that "they haven't killed you yet."
Edina City Council
December 20, 2011
Page 2
I took this as confirmation that my safety, security and life may be in danger. ... offenses
are charged out. END QUOTES"
I DO NOT BELIEVE THAT the residents of Edina [or Minnesota] would ever willingly accept
the allegations, contentions, probable cause claims, or court submissions of the. Edina Police
Department, regarding the church vandalisms, if there was even the slightest possibility of
corruption or deception in the handling of matters regarding God's worship places.
Further, I do not believe that any attempt at deception represents a systemic problem within
EPD. It appears to involve the actions of a few individuals within the Edina Police Department.
Nevertheless, their current position and influence have led the media, the public and the courts
into believing that Malcolm Eric Johns was solely responsible for these acts of vandalism. A
thorough and impartial BCA investigation should reveal the reason why they felt compelled to
violate protocols, the law, pastoral oaths, and their code of honor.
I have not received a reply from the Attorney General's Office. As Edina's Mayor and elected
city council members I pray that you take immediate action to begin this investigation and that
you strongly consider taking steps to secure an injunction on further Minnesota District Court
proceedings - pending the outcome of the investigation.
Since ly,
Steve Willett
5705 Kemrich Drive
Edina, MN 55439
Tuesday, December 20, 2011
Edina City Council
4801 West 50'' St. HAND DELIVERED
Edina, MN 55424
RE: Second Request for investigation and suspension
Edina City Council:
This is a second request to initiate a BCA investigation of the handling of the 2010 Edina
church vandalisms by the Edina Police Department. My first request was delivered to the
Council on December 5 and also mailed to the Attorney General. It stated in part:
"START QUOTES... seven worship places in Edina in June of 2010. I am requesting
that the City Council suspend ... Chaplain Wheeler until the completion of the
investigation. Please address this request publicly at the City Council meeting on
Tuesday, December 6, 2011.... 1 am a resident of Edina and former president of Cross
View Lutheran Church in Edina. In 2005 I resigned as president of the church after I
began an investigation and audit into financial matters within the church. In 2010, I
learned that the matter had not been properly investigated and I asked ... if I could
apologize to the congregation... It is my belief that ... Chaplain Steven Wheeler
purposely misled the media, the churches, citizens of Edina, the courts, and the public at
large regarding the reasons and parties responsible for the vandalisms. The individual
that vandalized the worship places has been caught... Although an arrest has been made,
Malcolm Eric Johns has not provided the meaning behind the markings... The Attorney
General is being copied because Section 302A.917... intervene when the public interest
requires intervention. The acts were committed at churches... this matter is clearly within
the public's right and interest to know the truth. Because these matters deal with the
internal operations of the Edina Police Department, the investigation must be conducted
by an independent and impartial entity. The Bureau of Criminal Apprehension (BCA) is
mandated for this purpose. Further, it would be improper for the City Council... During
my participation in the Edina Police Citizen's Academy, we learned that the city has paid
out over $200,000 in legal fees defending ... See my faxed ... letter to Chief Long. It
is not my intention to bring legal action against the city of Edina. However, in October I
was told by a man in Washington DC, one who knows about these matters and has visited
Minnesota in the past that "they haven't killed you yet."
Edina City Council
December 20, 2011
Page 2
I took this as confirmation that my safety, security and life may be in danger. ... offenses
are charged out. END QUOTES"
I DO NOT BELIEVE THAT the residents of Edina [or Minnesota] would ever willingly accept
the allegations, contentions, probable cause claims, or court submissions of the Edina Police
Department, regarding the church vandalisms, if there was even the slightest possibility of
corruption or deception in the handling of matters regarding God's worship places.
Further, I do not believe that any attempt at deception represents a systemic problem within
EPD. It appears to involve the actions of a few individuals within the Edina Police Department.
Nevertheless, their current position and influence have led the media, the public and the courts
into believing that Malcolm Eric Johns was solely responsible for these acts of vandalism. A
thorough and impartial BCA investigation should reveal the reason why they felt compelled to
violate protocols, the law, pastoral oaths, and their code of honor.
I have not received a reply from the Attorney General's Office. As Edina's Mayor and elected
city council members I pray that you take immediate action to begin this investigation and that
you strongly consider taking steps to secure an injunction on further Minnesota District Court
proceedings - pending the outcome of the investigation.
Since ly,
Steve Willett
5.705 Kemrich Drive
Edina, MN 55439
V
2�ec�e iv�d l a/ a v
Mayor Hovland, City council members, City Manager and citizens of Edina:
My name is Steve Willett and I live at ...
Specific acts of vandalism done to Edina churches in 2010, events related to these acts, as
well as the apprehension, incarceration and likely conviction of an individual claiming
sole responsibility has caused concern for the safety and security of myself and my
family and should cause deep concern for all Edina residents.
Shortly after the vandalisms occurred two former graduates of the Edina Police Citizen
Academy offered to help find the parties responsible. I was one. This was based on
public requests for assistance in newspaper articles. We also secured over 16 other
graduates who were willing to assist. However, the Edina police discouraged our
attempts to help and told us not to get involved. Still our casual efforts confirmed that
these acts were done by someone around 6 feet tall, right handed and very likely a male.
This spring I stood before over 300 men at Wooddale church in Eden Prairie and took
personal responsibility for these acts of vandalism against God's houses of worship and I
challenged everyone there to do the same. At the time, there was no indication that the
responsible parties would ever be caught. A 37 year old Edina man was subsequently
arrested and confessed. I offered to pay for all legal representation for this man believing
that he was not acting alone or even aware of what the markings he put on the churches
meant. He has been kept away from the public since his arrest on June 17.
In October 3`d, I met with a man, outside Washington DC, that I hoped would take a
personal interest in helping expose the real reason and truth behind the vandalisms. On
October 7`h, I placed a 911 call to report erratic and dangerous driving near Hwy 169 and
McCauley trail. Edina police came and took the driver to a detox facility in Plymouth.
Drug paraphernalia was found near the driver's vehicle. No police report exits showing
charges of DWI /DUI and the evidence was marked for destruction.
After a private meeting with the former Edina Chief of Police, Mike Sittari, I decided to
contact the Attorney General's office and the Edina City Council. On December 5th just
before returning to Washington DC, I sent a letter to the Minnesota Attorney General's
office requesting that they intervene in the interest of the public. I also requested that the
Bureau of Criminal Apprehension begin an investigation of the Edina Police
Department's handling of this matter.
I have another letter for you and in conclusion I would like to offer a prayer.
Dear Father in heaven, as people around the world begin to celebrate Hanukkah and the
Christmas season we are reminded that it is by your grace alone that we are able to enjoy
the gifts you have freely given us. Please watch over and guide these men and women
and give them the faith, courage and wisdom to do the right thing and not be fearful of
who or what might be exposed in undertaking a search for the truth behind the vandalism
of your places of worship in Edina. In this we pray. Amen.
AGENDA
JOINT WORK SESSION
EDINA CITY COUNCIL /EDINA PLANNING COMMISSION
AND GRANDVIEW STEERING COMMITTEE
CITY OF EDINA, MINNESOTA
COMMUNITY ROOM
DECEMBER 20, 2011
. 5:30 P.M.
CALL TO ORDER
II. ROLL CALL
III. GranclView Heights Small Area Plan — Draft Report
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 IF UPCOMING MEETINGS /DATESAVENTS;
Tues
Dec 20 -
Jnt Wk Session Council, Ph Comm & Grandview Exec. Committee 5:30 P.M.
COMMUNITY ROOM
Tues
Dec 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Mon
Dec 26
CHRISTMAS HOLDIAY OBSERVED — City Hall Closed
-2012
Mon
Jan 2
NEW ,YEAR'S HOLIDAY OBSERVED — City Hall Closed
Tues
Jan 3
Work Session — Edinborough Study Presentation
5:00 P.M.
COMMUNITY ROOM
Tues
Jan 3
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Wed
Jan 4
Board & Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Mon
Jan 9
Board &Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Mon
Jan 16
REV. DR. MARTIN LUTHER KING JR. HOLIDAY OBSERVED
— City Hall Closed
Tues
Jan 17
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Mon
Jan 23
Board & Commission Interviews
5:30 -7:30 P.M.
MAYORS CONFERENCE ROOM
Mon
Feb 6
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tues
Feb 7
PRECINCT CAUCUSES
,an
Feb 20
PRESIDENTS DAY HOLIDAY OBSERVED — City Hall Closed
.es
Feb 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tues
Mar 6
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tues
Mar 20
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Date: December 20, 2011
To: Honorable Mayor and City Council Members
From: Kevin Staunton, GrandView Heights Steering Committee Chair
Re: GrandView Heights Small Area Plan - Draft
MEMO
Members of our Steering Committee are looking forward to updating you on the progress we've been
making on the GrandView District Small Area Plan. At our December 8th meeting, we reviewed a draft
of a Plan we will be working to finalize over the next month or so. An electronic copy of that plan is
posted on the Grandview portion of www.edinacitizenengagement.ore for you to review. A summary
version is included in the packet. On Tuesday evening, we'll provide an overview of the draft.
At our December 8 meeting we also adopted a schedule for the remainder of this phase of the planning
process. It calls for the Steering Committee to approve a final version of the proposed Plan by January
19, public comment to be received between January 25 and March 9, a public hearing before the
Planning Commission in late February, and presentation to the City Council on March 20. We would
like to get your reaction to that schedule and get your thoughts on the notice and venue for the
Planning Commission's public hearing.
Thanks again for all your support throughout this process. We look forward to visiting with you on
Tuesday.
ON of Fdinn • 1801 Wa -t 50th StrPat • Fdinn. MN 55191
GrandView Heights Small Area Plan
-40
�
ilel�' �
Edina, Minnesota
December 7, 2011
Table of Contents
1. Hope for Change 3
2. Thoughts and Interactions 6
3. Patterns for a Neighborhood Center 9
4. Moving Forward with a Purpose 43
5. Appendix 55
12/07/11
t. Hope for Change
Steering Committee
Ken Potts
Kim Melin
Randy Halvorson
Chris Rofidal
Steve Buss
Gene Persha
Richard Borland
Larry Chestler
Laura Giertsen
Ellen Jones
Terry Ahlstrum
Dick Ward
Bill Neuendorf
Tim McIlwain
Bright Dornblaser
Andy Brown
Suzanne Davison
Greg Domke
Sandy Fox
Dick Crockett
Arne Cook
Tom Bonneville
Kim Montgomery
Tim Murphy
Thomas Raeuchle
Consultant Team
Cuningham Group Architecture, PA
HR Green
Community Design Group
Springsted Inc.
Tom Ruppert
Peter Sussman
Lisa Diehl
Bob Kojetin
David Davison
Bernie Beaver
Mike Platteter
Peyton Robb
Dan Gieseke
Diane Reinhart
James justice
Darcy Winter
Paul Nelson
David Novak
Linda Urban
Tom Mattison
Ken and Adele Floren
Michael Schroeder
Kevin Staunton
Michael Fischer
Brett Johnson
Collin Bredeson
Deron Lindquist
Eric Bredesen
Jim Baisch
CUNINGHAM
G R 0 U P
Land Use
Land use in the district is currently focused
on retail and service uses that are visible from
Vernon. The majority of these uses are auto -
oriented and are accessible from Vernon and Gus
Young Lane. The exception is the GrandView
Square development that includes residential,
office and civic uses all organized around a
central green space. The Comprehensive Plan
identifies GrandView Heights as a mixed -use
center character area, a potential "area of change"
and guides future land as a mixed use center. The
Comprehensive Plan goes on to say.... "the district
is in the process of evolving from a somewhat
scattered auto - oriented district to a more
integrated mixed of uses..."
The over - arching concept is to support the "go -to"
uses (auto- oriented) while anticipating more "stay -
at" uses (pedestrian- oriented) and improve future
use and built form around three key civic "centers ":
City Hall, the library and a community commons
(civic building and green space). The future land
use plan proposes a broader mix of uses arranged
around a new central green space (GrandView
green) located on the public works site and
fronting onto Arcadia. The plan emphasizes a
mixed -use sub -area between Vernon/Eden/Hwy
100 and the rail corridor. Arcadia is seen as a more
residential street with a range of condo, apartments
and multi-level townhouse types. Mixed -use
and office buildings are anticipated and may be
oriented to Vernon and/or south toward Eden and
the OLG fields, (a significant open space that is a
visual amenity to the greater district.)
12/07/ "
3. Patterns for a Neighborhood Center
Vernon is assumed to remain more convenience
and service oriented with improved
pedestrian sidewalks /connections safer
street crossings(especially to the Brookside
neighborhood), bike lanes and better organized/
managed traffic flow and parking. Both Eden and
Vernon are anticipated to employ Complete and
Living Street principles that emphasize the place -
qualities of streets.
Across Hwy 100 to the east the Vernon/50th/
Eden alignment culminates with City Hall; long
term uses are assumed to accommodate a greater
civic/community presence when/if the Hwy 100
interchange is reconfigured as a split- diamond
facility.
11
Goals
• Develop and improve the district as three smaller
"villages" that are connected physically and by a
signature character and identity
• Recognize the need for a range of housing types
and choices and address those markets that also
reinforce the district vision
• Emphasize the connection to Minnehaha Creek
• Create a recognized, visible arts identity and
provide space /place for greater community arts
users and producers
• Address needs of underserved populations (teens,
singles, seniors, etc)
• Establish community commons; a multi- purpose
facility for a wide audience (e.g., whole body,
whole life, health and wellness, ) and as a focal
point and central gathering place
• Celebrate the "Birthplace" of Edina, the Mill, and
record the oral history of GrandView Heights;
tell the stories
• Emphasize a pedestrian- oriented sense of place
that produces an appropriate scale and function,
and preserves surrounding views
• Support economic growth and community
stability by providing accessible and efficient
connections between home, school, work,
recreation and business destinations by
improving the pedestrian and vehicular
environments throughout the area.
CUNINGHAM
G N 0 U P
Public Realm
Public realm refers to all land and area under the
ownership of the city; this includes city streets &
ROW, parks and open space, parcels of land or
other assets that are used to provide individual
and collective benefit and amenity to all residents
and the general public.'lhe greater value and
power of the public realm is its ability to connect
neighborhoods, businesses, schools, parks and open
space into a larger whole greater than the sum of
the individual elements. Streets and ROW make
up a major (and connected) portion of the public
realm and represent a significant opportunity to
enhance and connect the community. It is critical
to view streets, then, not as just conveyors for
automobiles but multi -modal facilities that provide
democratic accessibility for all and increase the
livability of the community as form - givers and
green space. the result should be a greater sense of
green throughout the district.
12/07/""
3. Patterns for a Neighborhood Center
Goals
• Acknowledge "No net loss", yet aggressively seek
new public space
• In general improve the bike and pedestrian
environment — make it safe, friendly and include
adequate parking area for bikes
• Create a civic center /community facility that
connects east and west and serves as an indoor/
outdoor gathering space
• Create a prominent public realm of connected
parks, green space, paths, plazas and private open
space — a legible green framework as the primary
form giver
• Provide views within the district and maintain
important viewsheds (such as the "grand view ")
for public use
• Plan for a safe, comfortable pedestrian
environment that links public and private
destinations north south (neighborhoods, library,
businesses) and east west (neighborhoods,
businesses, commons, city hall)
24
Images (top to bottom)
Oasaka,Japan
Montreal, Canada
The high Line, New York
CUNINGHAM
G R 0 U P
Transportation
'Ihe GrandView area street and movement
network is primarily composed of Vernon/50th
Street ( reliever /augmenter arterial), Eden (local
street, state -aid facility): and the multiple ingress/
egress ramp system of Hwy 100 (designated a
principal arterial).. There are other local streets
but most only provide limited service (such as
Summit Avenue) or access that dead ends (such
as Brookside off Eden): The Hwy interchange has
a number of on and off ramps that "according'to
MNDOT are redundant and/or unsafe. Vernon is
a county facility that south of Interlachen has seen
a reduction of average daily traffic over the past
10 years; Eden provides a secondary connection
within the district east and west over Hwy_ 100.
Eden is designated the "primary bike route through
the district; Veinon/Interlachen are designated as a
secondary routes.
The are two major recommendations that support
the overall movement and transportation goals
of the plan. One, propose that the Hwy 100
interchange be reconfigured into a split- diamond
interchange to better manage through traffic
and provide improved local access /circulation
via frontage roads east and west of the highway.
Overtime, this would provide a more connected
local system (i.e., more local streets) tied into direct
access to Hwy 100 via the frontage roads. Second,
propose a new east -west
street be built along the
north property of the public works site (spanning
the CP Rail corridor) connecting to Arcadia from
Vernon that would be paired with Gus Young to
provide a one -way circulation pattern. The plan is
based on one -way in (eastbound) from Vernon on
the new GrandView Crossing and one -way out
12/07/11
3. Patterns for a Neighborhood Center
(westbound) to Vernon/Interlachen on Gus Young
Lane. This pattern would eliminate the left hand
turn from Vernon (southbound) into Gus Young
Lane.
Bike improvements would focus on more lane.
area and identification along Vernon and Eden,
consistent with Living and ,Complete Streets
principles. Over the long term east -west bike and
pedestrian access would also be improved with the
addition of a new bridge over Hwy 100 that would
connect the GrandView Commons to Tupa Park,
City Hall and the Minnehaha Creek mill area.
In addition to more bike parking facilities in the
district the plan also recommends the potential
to develop an at -grade bike path in the CP Rail
ROW from Eden connecting to Brookside as an
off road option within the district.
Functional Class:
• Highway 100: Principle Arterial
• 50th St: A Minor Augmenter
• Vernon Ave: B Minor Connector
• Interlachen Blvd: Major Collector
• Eden Ave: Local Street
Traffic Volume:
• 13,000 - 23,000 AADT along W 50th St /
Vernon Ave
• 4000 - 8000 AADT along Eden Ave
Goals
• Support a more efficient, compact and safe
interchange access to Hwy 100 from Vernon and -
Eden
0
• Create a more bike and pedestrian environment
by applying Complete Streets and Living Streets
.principles to-'Vernon, Eden and the local street
network
• Create an-improved circulation and access
network between public streets /parcels and
private-development/destinations
• Create an enhanced parking environment that, in
part, depends on shared district parking supplies
centrally located
• Partner with Metro Transit to implement a
community-scale Park -n -Ride in the area
Complete the historical transition of Vernon
from old Hwy 169 to. a local district street
• Identify and implement a demonstration project
for "Complete/Living" streets principles
• Provide additional auto, bike and pedestrian
connections east and west in the district
• Maintain-and improve parking, access, circulation
in the short term for convenience, retail, and
service uses
• Complete the pedestriah/bike system ... make
bikes and pedestrians a priority and allow for a
safe crossing over Hwy 100
• Take leadership related,to highway 100
interchange... build the `.`reason platform for
multi-modal access and gateways
• Reserve the CP Rail corridor for future, possible
public transit and non - motorized movement/
connection in the district
• Reduce congestion by providing safe travel
choices -that encourage non - motorized
transportation options, increasing the overall
capacity of the transportation network.
CUNINGHAM
G R O U P
Sustainability, .
Goals
• Take a position on sustainability; be.a model
forcity wide sustainability.
• Define incentives to, attract "Best -in- Class"
development that deliver highest levels
ofsustainable design
• Take advantage of "free" resources: wind, rain and
sun
Reduce heat island eff ect and create a pedestrian
environment that is pleasant, shaded and visually
interesting
• Address stormwater runoff in all phases and
facets of the district
• Build on existing infrastructure
Take advantage of available partnerships /
- funding
• District (not separate site) solutions
• Application of the GreenStep Best Practices
Recommendations
A number of recommendations should be
considered for the District and emerge.from
what is being done by the City Council, Energy
& Environment Commission, Transportation
Commission, Planning Commission, other
boards /commissions and various stakeholders.
The GreenStep Cities best practices are an
obvious start to how these apply to the District.
Beyond that that it will be important to define the
District in an organizational manner so that roles
and responsibilities can be defined and actions
coordinated. A good example would be how a
district committee on sustainability could begin
12/07/1
3. Patterns for a Neighborhood Center
to define the "GrandView Works" - a sustainable
practices approach for how water, waste and energy
are addressed from a district point of view.
For GrandView there are three levels of approach
and opportunity that build from what is being done
today in the district (in some cases by individual
businesses or owners) and lay the groundwork for a
sustainable strategy:
1 -Work from existing strengths and build the
foundation
• Respond to existing plans, policies and best
practices already in place (local, county and
regional policies)
• Educate the district stakeholders about best
practices, case studies, etc.
• Establish a general communications structure
and forum for what is being done
• Consider new policy to focus on redevelopment
areas like GrandView with sustainability
guidelines
• Stormwater management policy at the district
level (works with both watersheds)
• Pilot project(s) for solar light installation .
(pedestrian and parking areas)
2 - District Systems
• Stormwater strategy - under parking collection/
storage/treatment/reuse
• Recycle/reuse building materials (after
demolition)
• Grey water use
• Trash collection and recycling within the district
beyond what is currently required by the city
• Consolidated organic recycling focused on
restaurants in the area
• Generate alternative. power for.specific uses/
needs
• Green and white roofs
3 - Closed Loops
• Recycled stormwater into drinking water supply
• Recycled grey water into drinking water supply
• Off - the -grid
Green buildings - zero carbon
CUNINGHAM
G R O U P
Implementation
Major Recdmendations
Immediate <.1 year
1 Small Area Plan approval
2 Policy for implementation/finance
3 Create sustainability guide from GreenStep
4 TIF District
5 Design Guidelines
5A Form -based code for mixed use center
6 Green building standards required for district
7 Prepare Phase 1 Master Plan
12/07/q
4. Moving Forward with a Purpose
1 -5 Years
Land Use
7 Bus Garage site redevelopment
8 Townhouse units on public works site
9 Residential on Warner site/OLG
Public Realm
10 GrandView Green over parking structure
11 Arcadia Steps /and streetscape
12 CP Rail bike path from Eden to Brookside
13 Library green space fronting Vernon
Transportation /Infrastructure
14 Park n ride structure/green roof @public works site
15 Additional parking south of Jerrys
16 Grandview Crossing bridge & street
17 Eden Living Streets /streetscape /3 lane section
18 Eden Living Streets /A=cadia/Normandale
19 Reconfigure Sherwood as parking street
20 New access from Eden to city ramp parking
21 Jerrys parking Streetscape
22 Implement one -way pairs/remove left to G. Young
23 Reservation. on public works site for rail transit use
Sustainability
24 Grandview Works /Organics recycling: center
25 Stormwater reuse & management policy
26 Solar pilotproject forpublic lighting
48 1
CU.NINGHAM
f- R O U P
i
Implementation
Major Recomendations
5 -10 Years
Lana use
27 Arcadia site redevelopment/include pocket park
28 Apt/condo units on�public works site
29 Residential on Warner- site/OLG/Phase 2
Public Realm
30 Small civic, green at City -Hall .
31 Arcadia streetscape improvements
Transportation /Infrastructure
32 Vernon Living Streets /streetscape /3 lane section
33 Dedicate .right- urn`from .Vemon to Interlachen
34 Reconfigure Eden as parking street@City Hall
35 Eden bridge pedestrian/bike enhancements
36 Vernon as primary bike route to GrandV Crossing
37 Consider `turn -back' of Vernon from County
Sustainability
38 Stormwater collection/treatment system
39 Grey water reuse/irrigation, etc.
40 GrandView Works /geothermal at OLG fields
12/071'1
4. Moving Forward with a Purpose
10+ Years
Land Use
41 East frontage road site redevelopment
42 Civic development on excess MNDOT land
Public Realm
43 Hwy 100 pedestrian/bike bridge
44 Green roof/space over underground parking
45 Add green space to Tupa Park
46 Include gateway walls/landscape w /interchange
Transportation /Infrastructure
47 Hwy 110 split diamond interchange
48 Realignment of Grange Rd/Eden
49 Add Gus Young extension to frontage.road
Sustainability.
50 Closed loop_ water supply system
51 GrandView Works /Alternative energy sources
CUNINGHAM
G R O U P
3. Patterns for a Neighborhood Center
Land Use
a ■
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Illustrative Master Plan
12/07/11
Li
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-`Existing buildings
Proposed development
Civic community buldings
CUNINGHAM
G n 0 u P
Land Use
Phase 1
A. Public Works Site
• Community Commons and greenspace
• Arcadia Steps
• Community Civic building
• variety of residential building types
• structured parking
• park and ride structure
B. Bus Garage Site
• multi -level parking
• retail / service office use
• possible drive - thru use
C. Warner Site
• Townhouses fronting the OLG open space
D. Eden Avenue Streetscape
• Bus stop integrated
• boulevard organizes intersection alignments
E. Jerry's Streetscape
12/07/11
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3. Patterns For a Neighborhood Center
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22
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CUNINGHAM
G R O U P
Land Use
Arcadia Ave looking North
rY�
3. Patterns for a Neighborhood Center
Arcadia Ave
12/07/'l
r
CUNT N HAFVI
Land Use
Public Works Site looking Southeast
-121
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3. Patterns for a Neighborhood Center
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12/07/1' CUNINGHAM
G R 0 U P
Land Use
Bus Garage Site looking Northeast
JLI� �.
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12/07/11
3. Patterns for a Neighborhood Center
8
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CUNINGHAM
G F 0 U P
Public Realm
Library Site looking East
D IIQ Tin nn •, ,
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12/07/11
L
3. Patterns for a Neighborhood Center
28
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CUNINGHAM
G R 0 U V
3. Patterns for a Neighborhood Center
Transportation
Highway 100 and west frontage road looking west
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CUNBNGHAM
12/07/11 G R O U P
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
DECEMBER 6, 2011
7:06 P.M.
I. CALL TO ORDER
Mayor Hovland called the meeting to order at 7:06 p.m.
II. ROLLCALL
Answering rollcall were Members Bennett, Brindle, Sprague, Swenson and Mayor Hovland.
lll. MEETING AGENDA APPROVED
Member Brindle made a motion, seconded by Member Bennett, approving the meeting agenda.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. CONSENT AGENDA ADOPTED
Member Bennett made a motion, seconded by Member Swenson, approving the consent agenda as
revised to remove Items IV.C., Southwest Hennepin Drug Task Force Joint Powers Agreement; IV.D.,
Resolution No. 2011 -120 — Year 2012 Park and Recreation Fees and Charges; W.L., Resolution No. 2011-
125 Revised Cooperative Agreement with Minneapolis for bicycle parking; and, IV.N, Traffic Safety
Committee Report of November 2, 2011, as follows:
IV.A. Approve regular and work session meeting minutes of November 15, 2011, and work session
meeting minutes of November 29, 2011
IV.B. Receive payment of the following claims as shown in detail on the Check Register dated
November 17, 2011, and consisting of 32 pages; General Fund $137,339.04; Communications
Fund $12,982.94; Working Capital Fund $762,991.71; Art Center Fund $1,709.21; Golf Dome
Fund $1,699.97; Aquatic Center Fund $45.96; Golf Course Fund $26,142.06; Ice Arena Fund
$9,532.29; Edinborough /Centennial Lakes Fund $31,814.39; Liquor Fund $203,284.21; Utility
Fund $365,392.66; Storm Sewer Fund $78,281.71; Recycling Fund $38,820.60; Payroll Fund
$3,010.40; TOTAL $1.673.047.15 and for approval of payment of claims dated November 23,
2011, and consisting of 29 pages; General Fund $405,912.84; Communications Fund $8,083.75;
PIR Debt Service Fund $828.75; Working Capital Fund $314,982.72; Equipment Replacement
Fund $220,647.00; Construction Fund $399,584.10; Art Center Fund $2,346.20; Golf Dome Fund
$1,803.51; Golf Course Fund $5,593.24; Ice Arena Fund $12,742.66; Edinborough /Centennial
Lakes Fund $9,771.94; Liquor Fund $218,262.49; Utility Fund $214,808.85; Storm Sewer Fund
$165,955.69; TOTAL $1.981.323.74; and for approval of payment of claims dated December 1,
2011, and consisting of 23 pages; General Fund $44,369.85; Communications Fund $795.62;
Police Special Revenue $171.18; Working Capital Fund $891,373.68; Art Center Fund $14,713.29;
Golf Dome Fund $344.65; Aquatic Center Fund $1,264.40; Golf Course Fund $3,756.13; Ice Arena
Fund $8,097.45; Edinborough /Centennial Lakes Fund $15,647.73; Liquor Fund $122,482.02;
Utility Fund $78,146.06; Storm Sewer Fund $82,727.61; Recycling Fund $32.72; PSTF Agency
Fund $19,372.40; Payroll Fund $5,101.39; TOTAL $1,288.396.18.
W G So, -tl wart Hennepin I FUg Task Ferro laint PeweFS AgFOAMAR
W n RprAl --Nan IUe 7A11 _1 7A — Ve... 'fA1'f Pnrk and Rarm.+tinn iAA..2-n--d - f`L.A...e�
IV.E. Adopt Resolution No. 2011 -121- Year 2012 Ambulance Fees
IV.F. Adopt Resolution No. 2011 -122 — Year 2012 Miscellaneous Fees
IV.G. Renew Community Health Services Agreement with Bloomington
IV.H. Renew Public Health Emergency Preparedness Agreement with Bloomington
IV.I. Approve reappointments to various City Boards, Committees, and Commissions
IV.J. Adopt Resolution No. 2011 -124 Approving Senior Citizen Special Assessment Deferral
Page 1
Minutes /Edina City Council /December 6. 2011
It
IVX Approve Termination Agreement between the City of Edina and Gabbert & Gabbert Company to
terminate Proof of Parking Agreement at the Galleria
IV.M. Adopt Resolution No. 2011 -126 Agreement between Minnesota Department of Transportation
and City of Edina No. 00282
RAN Tra fft Safety Committee Report- of Ne..ee.mbe.. 9 2011-
IV.O. Adopt Resolution No. 2011 -123 setting January 3, 2012, Public Hearing for Neighborhood Street
Reconstruction:
1. BA -386 Viking Hills Neighborhood Street Reconstruction
2. BA -387 Valley Estates Neighborhood Street Reconstruction
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
IV.C. SOUTHWEST HENNEPIN DRUG TASK FORCE JOINT POWERS AGREEMENT APPROVED
Police Chief Long advised the one -time $10,000 payment had been made as part of the original agreement.
Member Brindle made a motion, seconded by Member Swenson, approving the Southwest Hennepin
Drug Task Force Joint Powers Agreement.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. D. RESOLUTION NO. 2011-120 ADOPTED -YEAR 2012 PARK AND RECREATION FEES AND CHARGES
Park and Recreation Director Keprios advised the working group of the Park Board was mid -way through
its study of fees and charges. He said the participant fee increase from $9 to $11 would still be
significantly short of covering field maintenance costs. Member Sprague introduced and moved adoption
of Resolution No. 2011 -120, setting 2012 park and recreation fees, correcting the spelling of "patron" on
page 3. Member Bennett seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV.L. RESOLUTION NO. 2011-125 ADOPTED -REVISED COOPERATIVE AGREEMENT WITH MINNEAPOLIS
FOR BICYCLE PARKING
Public Works Director /City Engineer Houle explained staff had consulted with the Bike Edina Task Force on
the location of the 30 bicycle racks that would be received and installed the spring of 2012. City staff
would be responsible for monitoring the locations and reporting should any be moved or removed. It was
suggested a bicycle rack be installed at the library. Member Brindle introduced and moved adoption of
Resolution No. 2011 -125, approving revised Cooperative Agreement between the City of Minneapolis
and the City of Edina regarding Bicycle Parking Project. Member Sprague seconded the motion.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
IV. N. TRAFFIC SAFETY COMMITTEE REPORT OF NOVEMBER 2, 2011 RECEIVED
Mr. Houle advised the mapping of traffic complaints was on staff's to -do list for the winter season.
Member Sprague moved and Member Swenson seconded, receiving the November 2, 2011, Traffic
Safety Committee Report.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
V. SPECIAL RECOGNITIONS AND PRESENTATIONS
None
Page 2
Minutes /Edina City Council /December 6. 2011
Vl. PUBLIC HEARINGS HELD — Affidavits of Notice presented and ordered placed on file.
VI.A. 2012 OPERATING BUDGET PRESENTED
Manager Neal described the budget process, priorities, and goal to keep increases below the consumer
price index of 3.5 %. He presented the 2012 budget. In 2011, City tax for median residential property was
$1,039 and in 2012 it would be $1,067, a $28 dollar increase or 2.7 %. The City tax for median commercial
property of $1.5 million would be increased 8.3 %. The Council acknowledged the Citizen League process
brought great value to the community to engage residents beyond the public hearing process.
Mayor Hovland opened the public hearing at 7:28 p.m.
Public Testimony
No one appeared to comment.
Member Swenson made a motion, seconded by Member Sprague, to close the public hearing.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Mayor Hovland stated the 2012 budget would be considered at the December 20, 2011, Council meeting.
VI.B. 2012 LIQUOR LICENSE FEES APPROVED
City Clerk Mangen explained State law required that a public hearing be held after a 30 -day notice to
license holders of the City's intention to raise liquor license fees. To date, no comment had been received
from licensees. Ms. Mangen indicated staff was recommending a slight increase in On -Sale Intoxicating
License and Beer License fees to cover the City's administrative and enforcement costs.
Mayor Hovland opened the public hearing at 7:30 p.m.
Public Testimony
No one appeared to comment.
Member Brindle made a motion, seconded by Member Sprague, to close the public hearing.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Member Swenson made a motion, seconded by Member Brindle, to adopt 2012 liquor license fees.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VI.C. RESOLUTION NO. 2011 -127 ADOPTED — PRELIMINARY REZONING TO PUD & PRELIMINARY
DEVELOPMENT PLAN, 6996 FRANCE AVENUE FOR FE 70, LLC
Planner Presentation
Planning Director Teague presented the request of FE 70, LLC, for preliminary approval of a rezoning from
PCD -4, Planned Commercial District, to PUD, Planned Unit Development District and Preliminary
Development Plan. The proponent was proposing to tear down the existing gas station at 6996 France
Avenue and rebuild an 8,260 square -foot office /retail building that included a 3,000 square -foot vitamin
store and a 5,260 square -foot financial office. He noted the added mezzanine for the financial office had
increased the square footage but not changed the footprint of the building. Mr. Teague presented the
recommendation of the Planning Commission, from its November 9, 2011, meeting and unanimous
recommendation for approval. He explained that should the entire building be utilized as retail, the
mezzanine would have to be turned into storage space and not utilized as retail space. It was also
concluded that parking was adequate for the intended use but would not support certain other uses. The
PUD rezoning would assure this was the building constructed on the site and if approved, the ordinance
Page 3
Minutes /Edina City Council /December 6. 2011
amendment would be finalized with the second phase of the project. The approved plans and parking
standards would be incorporated into the zoning ordinance with principal uses listed. Mr. Teague
indicated the staff and the Planning Commission recommendation was subject to the findings and
conditions as listed in the staff report.
Proponent Presentation
Dean Dovolis, DJR Architecture representing the developer, stated this building would create a good
transition between the commercial and residential uses and anchor the corner with retail and office. He
hoped it was the first step to transition the area. Mr. Dovolis stated he thought the PUD process worked
well.
The Council asked about the traffic movement on 70th Street, as referenced in the traffic report
conclusions and recommendations. Chuck Rickart, WSB & Associates, described the left turning
movement from France Avenue to 70th Street that had the most delay during the PM peak hour. He
agreed that certain uses needed to be prohibited due to peak parking need. It was noted the available
parking was felt to be adequate for nondrive -thru uses. The Council asked whether a drive -thru use should
be prohibited in the PUD. Mr. Teague answered in the affirmative.
Mayor Hovland opened the public hearing at 7:48 p.m.
Public Testimony
No one appeared to comment.
Member Brindle made a motion, seconded by Member Swenson, to close the public hearing.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Member Brindle introduced and moved adoption of Resolution No. 2011 -127, approving a Preliminary
Rezoning and Preliminary Development Plan for FE 70 LLC at 6996 France Avenue, as revised to list drive -
thru uses as prohibited and restrict the mezzanine level from retail use, and based on the following
findings:
1. The proposed land uses are consistent with the Comprehensive Plan.
2. The site layout would be an improvement over a site layout required by standard zoning; the
building is brought up to the street, provides front door entries toward the street and
includes sidewalks to encourage a more pedestrian friendly environment along the street.
3. The design of the building is of a high quality stone with large windows. The building is
consistent with the small scale buildings on this block.
4. The development would incorporate improved landscaping and green space, a decrease in
impervious coverage and an infiltration area.
S. The contaminated soils on the site would be cleaned up.
6. Traffic would be improved in the area with a right -in only access on France Avenue, the
elimination of the curb cut nearest the intersection and narrowing the curb cut farther to the
west.
And subject to the following conditions:
1. The final development plans must be consistent with the preliminary development plans
dated September 13, 2011, and the materials board as presented to the Planning
Commission and City Council.
2. The final landscape plan must meet all minimum landscaping requirements per Section
850.04 of the Zoning Ordinance.
3. Compliance with all of the conditions outlined in the City Engineer's memo dated November
3, 2011.
Page 4
Minutes /Edina City Council /December 6.2011
4. Final rezoning is subject to a Zoning Ordinance amendment creating the PUD, Planned Unit
Development, for this site.
Member Swenson seconded the motion.
It was noted this project would result in the loss of the only full service station in Edina; however, it was a
viable business and not a forced sale. The Council discussed the application and whether a change in use
should require reconsideration by the Planning Commission and City Council even if the new use was
permitted. Attorney Knutson recommended listing the two uses requested (vitamin store of 3,000 square
feet and financial office of 5,260 square feet) as permitted uses and all other uses as conditional uses.
The Council discussed whether to permit all office uses without a square footage restriction since available
parking would be adequate. It was indicated that retail use, up to a certain square footage, could be a
permitted use conditioned on the mezzanine being restricted to storage use. Should a new use result in a
change from either retail or office, or a combination, then it would be a conditional use and require
reconsideration. Member Bennett made a motion, seconded by Member Sprague, amending the motion
to revise Resolution No. 2011 -127 to include three conditions: S. Drive - through uses shall be prohibited.
6. Permitted uses are the two uses requested (vitamin store of 3.000 square feet and financial services
office of 5.260 square feeth other retail uses up to 3,000 square feet: other retail uses over 3.000 square
feet conditioned on the mezzanine used for storage only: and offices uses of up to 8.260 square feet. 7.
Al other uses are conditional uses. t-Wa- ties; 6. P_-tbr�gh's -sball be Weh*btedfi- The -two
uses Fecluested (YitamiR StWe of 3,000 squaFe feet -and finamial effice of 5,260 squaFe feet) be
uses, and to 18 t retail wies up te 3,090 squaFe feet as a peFFR1ttP_d wp canditoamad an the
being used as StWaee 4exPaa&4 2nd effive uses up to 9,260 squaFe feet as a PeMitted use,
with .2-1-1 etheF uses being seenddittlaenal usesw
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion to amend carried.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion as amended carried.
V11. COMMUNITY COMMENT
Paul Smith, 4808 Bywood West, stated his concern with the number of aggressive coyotes in Edina and
reported a coyote had attacked his small dog. Police Chief Long indicated Edina was leading the way with
coyote management and would be hosting a training session for policy makers and animal control officers
throughout the metro area. Chief Long stated the Police Department would work with residents and the
ultimate goal was to educate the community on the benefit of hazing coyotes.
Wayne Carlson, 523 Coventry Lane, asked when his variance request for pets would be considered. Mr.
Neal indicated the Council had directed staff to reassess the situation and determine if new information
had been provided to change staff's recommendation on Mr. Carlson's request. A letter had been mailed
today that provided staff's recommendation to not support reconsideration.
Sheila Rzepecki, 6617 Normandale Road, expressed her concern about the speed of traffic on 66`h Street
and indicated residents would like reduced speeds of 25 mph on the frontage road. She also commented
that activity resulting from renting Hughes Pavilion to over 2,000 people in May was driving people away
from the park.
Emily Sever, 6713 Normandale Road, supported the statements of Ms. Rzepecki and indicated that to
provide safety there was a need for crosswalks, sidewalks and flashing lights on 66`h Street.
VIII. REPORTS/ RECOMMENDATIONS
VIII.A. RESOLUTION NO. 2011-119 ADOPTED —ACCEPTING VARIOUS DONATIONS
Page 5
Minutes /Edina City Council /December 6. 2011
Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be
adopted by Resolution and approved by four favorable votes of the Council accepting the donations.
Member Bennett introduced and moved adoption of Resolution No. 2011 -119 accepting various
donations. Member Brindle seconded the motion.
Rollcall:
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.B. EDINA ART CENTER REQUEST FOR PROPOSAL DISCUSSED
Mr. Keprios presented the draft Request for Proposal (RFP) to study the Edina Art Center fees and
operations, building assets, whether more cost - effective location alternatives exist, organizational
structure and whether all or part of the current functions should continue. He indicated the consultant
that had previously studied the feasibility of expanding the existing structure was willing to update its
numbers on the cost to bring the facility up to code.
The Council discussed the RFP and indicated it would be an advantage to know how many suburban
communities had art centers and the strengths of those centers. The Council requested that the scope be
revised to include a comparison locally of other art centers, their organizational structure, the markets
served, mission, website opportunities, the building's value and whether or not it filled its needed purpose
in terms of accessibility, visibility, and capacity. The Council would also like to know how other
communities support the arts to provide context. The Council indicated it would be helpful for the study
to include an analysis of the return on investment and cost benefit of a particular improvement.
The Council suggested the previous facility analysis materials be made available to the consultant as a
source document for incorporation in their independent analysis and evaluation. With regard to the offer
by ATS &R Consulting to provide a presentation, the Council indicated its preference to receive that
information in written form for analysis by staff and the Council after the initial RFP was received.
The Council thanked the Art Center Board for its thoughtful and thorough recommendation. Mr. Keprios
indicated the RFP would be redrafted and submitted to Manager Neal.
VIII.C. EDINA ART CENTERBOARD WORKING GROUP APPROVED
Thomas Raeuchle, 4634 Bruce Avenue, Art Center Board Member, presented the recommendation of the
Edina Art Center Board that the City Council recognize the need for and support the establishment of a
volunteer Working Group to develop a vision and strategic plan for art and culture in Edina. Mr. Raeuchle
explained the study would start with an inventory, but the Art Center Board had no preconceived notion of
what the outcome would "look like." He noted it could be as simple as creating a brochure or may be
more involved with the creation of an Arts Commission.
The Council discussed the recommendation and indicated its support to create a Working Group, which
would lead to great outcomes and enhance art and culture in Edina. The Council commented on the
importance of not "tying the hands" of organizations that had existed for many years. It was noted that
the creation of an Art Culture Board, if considered, could include subgroups of which the Art Center Board
may be one. The Council acknowledged that the process would be helpful in planning and allocating
community resources and in collaboration with the Edina School District. The Council encouraged the Art
Center Board to assure the Working Group was more inclusive than exclusive so all organizations had a
voice. Member Swenson made a motion, seconded by Member Sprague, approving the establishment of
a volunteer Working Group to develop a vision and strategic plan for art and culture in Edina.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Page 6
Minutes /Edina City Council /December 6. 2011
Bob Kojetin, 32 -year employee with the Park Department, provided the Council with a letter signed by
former Mayor James Van Valkenburg, Kay Bach and himself urging care in the study of the Edina Art Center
and a draft copy of his memoirs that included information on the creation of the Art Center as well as
information from Jim Van Valkenburg.
VIII.D. ORDINANCE NO. 2011 -17 ADOPTED — AMENDING SECTION 185, SCHEDULE A, INCREASING
UTILITY FEES
Finance Director Wallin stated the ordinance received first reading on November 15, 2011. He reviewed
several corrections that would be made per request of the Council. The Council discussed the revised
ordinance language. Member Swenson made a motion, seconded by Member Sprague, to grant Second
Reading adopting Ordinance No. 2011 -17, amending Section 185, Schedule A, increasing utility fees.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.E. ORDINANCE NO. 2011 -18 GRANTED FIRST READING — AMENDING SECTION 185, SCHEDULE A,
SETTING FEES AND CHARGES FOR 2012
Mr. Wallin presented the proposed schedule of fees and charges for 2012, noting those recommended to
be changed from 2011 to 2012. The Council indicated most of the fee increases were modest and would
assure the City's costs were covered to deliver the services.
The Council inquired about the late charge for a dog license, noting the license fee was relatively minor
and the purpose of licensing was to assure rabies vaccinations and reunite dogs with owners
through enforcement. The question was raised whether the "penalty" with a late license was the
diminished value received with the shorter license term. Chief Long explained the Police Department
processes a significant number of dog licenses and would prefer to do them at the same time. The penalty
provided incentive to assure timely licensing and covered administrative costs to process the late licenses.
It was noted this issue could be discussed during next year's budgeting process.
The Council asked staff to assure, prior to Second Reading, that the correct statute was referenced relating
to the permit for dangerous dogs. A typographical error was noted in Section 745, the spelling of the word
"fee." Member Brindle made a motion, seconded by Member Sprague, to grant First Reading to
Ordinance No. 2011 -18, amending Section 185, Schedule A, setting fees and charges for 2012.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.F. REVISED VALLEY VIEW ROAD AND SALLY LANE VEGETATION REMOVAL RECOMMENDATION
APPROVED '
Mr. Houle presented staffs recommendation to revise the City Council motion from full removal of
vegetation within the public right -of -way at the intersection of Valley View Road and Sally Lane to partial
removal. He noted the City Council at its November 1, 2011, meeting had directed staff and the City
Attorney to review the information submitted by Douglas and Jill Benner of 7025 Sally Lane requesting the
City hold off on removing the vegetation. Mr. Houle explained that after review of both analyses, he
recommended starting with Benner's recommendation to trim vegetation as outlined by RLK up to a height
of six feet. He would then determine whether additional trimming was needed to assure adequate sight
lines.
The Council discussed the revised recommendation and whether the trees should be trimmed to a higher
height to assure adequate sight lines for larger -sized vehicles and seasonal elements such as snow weight
that lowered branches. The Code was reviewed relating to prohibition of plantings on boulevards. It was
noted that certain types of tree species create impaired visibility, were discouraged, and required written
permission in order to plant them. Edina Code required trees to be trimmed to a height of eight feet
Page 7
Minutes /Edina City Council /December 6. 2011
above a sidewalk and 16 feet above the traveled portion of the roadway to assure safe use of the public
roadway.
The Council also discussed the need for staff to review vegetation at 7416 Sally Lane to determine if it
needed to be trimmed to create longer sight lines. Attorney Knutson advised the Council relating to
common law limitations des and indicated staff's recommendation was to take one step at a time to
eliminate an obstruction. whie" the pFepeFty ewnegs engine°F° had identified as 9bStFUGtie .
Mr. Houle indicated he would support trimming to a height of either six or eight feet and staff would work
with the homeowner to assure the trees were correctly trimmed. The arborvitae would also be looked at
because many residents had signed a petition indicating they it created a danger with sight distances.
The Council acknowledged that staff's recommendation created an elegant solution to accomplish safety
measures while allowing the homeowners to retain the bulk of the aesthetic and screening value of the
trees and save the homeowners a tremendous amount of money. The Council agreed with the need to
find this type of solution whenever it could and applauded staff on its recommendation that accomplished
the goals of the City. Member Bennett made a motion, seconded by Member Swenson, revising the
October 4, 2011, City Council motion from full removal of vegetation from within the public right -of -way
at the intersection of Valley View Road and Sally Lane to removal of vegetation up to a height of eight
feet.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.G. ORDINANCE NO. 2011-11 ADOPTED —CONCERNING OFF LEASH DOG PARKS
Police Chief Long explained that in 2006 the City Council approved an off -leash dog park at Van Valkenburg
Park; however, the City Code was never amended to acknowledge the park or the fees assessed to users of
this specialized area. This fee would cover the City's costs and maintenance. Member Sprague made a
motion, seconded by Member Brindle, to grant First Reading to Ordinance No. 2011 -11, amending the
Edina City Code concerning off leash dog parks.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Member Brindle made a motion, seconded by Member Sprague to waive Second Reading adopting
Ordinance No. 2011 -11, amending the Edina City Code concerning off leash dog parks.
Rollcall
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
VIII.H. ORDINANCE NO. 2011 -19 ADOPTED — AMENDING SUBSECTION 1400.17 CONCERNING CONTROL
OF TRAFFIC AND VEHICLES
Police Chief Long explained Minnesota law only defines a limited number of individuals who may direct
traffic, and the proposed ordinance would require training and approval from the Chief of Police for
anyone who directs traffic on an Edina roadway. He answered questions of the Council and explained that
the individual could override a traffic sign, but could not write a citation. Training would take place at the
Police Department or training center and include management of pedestrian traffic and specific locations.
Chief Long indicated a fee would not be assessed because it was a service to the community and a benefit
to the Police Department in not having to use its own resources. Member Swenson made a motion,
seconded by Member Sprague, to grant First and waive Second Reading adopting Ordinance No. 2011-
19, amending the Edina City Code concerning control of traffic and vehicles.
Rollcall
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Page 8
Minutes /Edina City Council /December 6, 2011
WILL ORDINANCE NO. 2011 -20 GRANTED FIRST READING —REGARDING REAL ESTATE SIGNS IN THE R -1
AND R -2 ZONING DISTRICTS
Mr. Teague presented the ordinance language and described staff's research of neighboring communities
relating to the size of real estate signs. The Planning Commission recommended, on a vote of three ayes
and two nays, to recommend an amendment the ordinance allowing an increase to the size of real estate
signs in the R -1 and R -2 District from six square feet to ten square feet. Mr. Teague indicated the
Commissioners settled on ten square -feet after measuring current real estate signs being used in Edina
and surveying allowed square footage of neighboring cities.
The Council discussed the ordinance language and noted that Edina was within 44% of communities that
allow signage of six square feet. Of the communities surveyed 22% allowed signs to be eight square feet.
Moving to ten square feet would put Edina in the minority, not the mid -range or average. Mr. Teague
advised the complaint was received from an area with several homes for sale where signs exceeded six
square feet due to the addition of taglines.
The Council debated the proposed amendment.
Member Swenson stated her willingness to consider up to eight square feet or 1,200 square inches to
allow for the standard sign plus several additions for the realtor's name or open house sign. However, she
felt real estate signage did not add to the aesthetics of the community and that sign proliferation was an
issue. Member Swenson expressed concern that other individuals may use the same argument of needing
larger signs to attract customers. She stated she preferred the signage size to be at the minimum rather
than the maximum.
Member Sprague stated his position to allow up to ten square feet, noting that every real estate sign in
Edina was nonconforming because industry standards had changed to include signage for realtor's name,
contact information, descriptive language, and website or contact information. He did not believe that an
additional two square feet of signage impacted the City's aesthetics, as was evidenced by only one
complaint being received. Member Sprague noted the Code allowed a height up to ten feet, but he would
support a shorter height. He cautioned the Council against considering an ordinance that would make all
real estate signage in Edina nonconforming or placing the City's residents who were selling their homes at
a disadvantage. He supported an ordinance that reflected reality and recognized industry standards.
Member Sprague stated City staff was being proactive in recommending an ordinance amendment after
realizing the ordinance did not match industry standards across most communities.
Member Bennett stated another option was to innovate so that rather than a large sign with hangers, to
realtors design a smaller uniform sign or use a set of hangers containing all of the information in a more
attractive package. She believed it was possible to provide the information in a more compact way.
Member Bennett noted that of the 18 cities surveyed, eight cities had a limit of six square feet. The cities
that allowed eight square feet had similar lot and street sizes to Edina while the cities that allow larger
signs had larger lots, wider streets, and greater front yard setbacks so the signs had less impact. Member
Bennett felt allowing ten square feet would convert some neighborhoods in a "forest of posts and lawn
signs" and not create balance between the realtors /home sellers with the rights of residents not offering
their home for sale. She noted a sign of ten square feet ##a was roughly the size of a small tree.
Member Brindle acknowledged the recommended amendment would result in allowing signage that was
already being used, meeting industry standards and market demand. She expressed reluctance to
consider a six or eight square -foot sign restriction if it forced the realtor to post several signs on the
property instead of a sign with riders on one post.
Mayor Hovland noted Edina Realty does the most business in the City and had a standard sign of 1,200
square inches. He acknowledged that industry standards had changed over time.
Page 9
Minutes /Edina City Council /December 6. 2011
Member Bennett cautioned against identifying a need because people were doing it. She noted the
question was whether the current regulation impaired real estate operations in Edina and did not think
that was the case. since sales weFe takiAg plaee. Member Bennett did not support a change of almost
100% greater in size than what was currently allowed or a change beyond what 66% of surveyed cities
allowed since there was no indication there was a problem with real estate sales in Edina under the
current regulation.
Member Sprague noted there was currently no impairment because the City was not regulating its six -foot
restriction. However, if enforced, the current ordinance could result in impairment by not allowing an
industry to market in the way consumers desired. Member Sprague preferred establishing a sign threshold
that included a small buffer and was enforceable. He believed ten square feet was reasonable and
encapsulated industry standards and reality.
Member Swenson offered a compromise to allow signage up to 1,344 square inches, 9.32 feet. She
indicated many salient points had been raised, and she would not want to put the City's residents who
were selling their home at a disadvantage. She indicated, if approved, she would not support future
consideration of a larger sign.
Member Sprague made a motion, seconded by Member Brindle, to grant First Reading to Ordinance No.
2011 -20, concerning real estate signs in the R -1 and R -2 zoning districts, setting the maximum size of ten
square feet of signage.
Mayor Hovland expressed concern with the high level of violations and that the real estate industry had
decided to defy the local ordinance. He noted that industry practice, investment and lack of general
complaint had placed the Council in a position of reinforcing "bad behavior." The Council agreed the real
estate industry should comply with every ordinance and it was suggested that the ordinance be provided
to real estate companies to put them on notice.
Members Swenson and Bennett indicated they could not support increasing the size of real estate signs to
ten square feet. Member Swenson called the question.
Ayes: Bennett, Brindle, Sprague, Swenson
Nays: Hovland
Calling the question carried.
Member Sprague withdrew the motion and Member Brindle withdrew the second. Member Sprague
made a motion, seconded by Member Brindle, to grant First Reading to Ordinance No. 2011 -20,
concerning real estate signs in the R -1 and R -2 zoning districts setting the maximum size of ten square
feet of signage with a maximum lineal height of eight feet.
Ayes: Brindle, Sprague, Hovland
Nays: Bennett, Swenson
Motion carried.
IX. CORRESPONDENCE AND PETITIONS — Mayor Hovland acknowledged the Council's receipt of
various correspondence. The Council addressed the concerns expressed during Community Comment and
directed the Engineering Department to conduct a traffic report to analyze the traffic speed on
Normandale Road and West 66th Street. Member Bennett made a motion, seconded by Mayor Hovland,
directing staff to study the feasibility of sidewalks and crosswalks on Normandale Road and West 66th
Street.
Ayes: Bennett, Brindle, Sprague, Swenson, Hovland
Motion carried.
Page 10
Minutes /Edina City Council /December 6.2011
X. MAYOR AND COUNCIL COMMENTS — Received
XL MANAGER'S COMMENTS — Received
XI.A. 2012 COMMITMENT TO CITY SCHOOL PARTNERSHIP
Mr. Neal reported that he and Edina Public Schools Superintendent Rick Dressen had begun joint staff
meetings to carry out the direction of the City Council and explore areas and opportunities for new
partnerships. He described the targeted partnership goals and ongoing successful partnership actions.
XI. B.. PRESENTATION OF CITIZEN LEAGUE FINDINGS AND SCHEDULING OF WORK SESSION DISCUSSED
Mr. Neal asked whether the Council supported scheduling an additional work session meeting to
synthesize all,of the budget information received to date including the five key findings of the citizen
league. Following discussion, the Council requested that summary findings be presented at -the
December 20, 2011, Council meeting: Staff would review the schedule and notify Members of available
dates to: schedule an additional budget work session.
X11. ADJOURNMENT
There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at
11:03 p.m.
Respectfully submitted,
Debra A. Mangen, City Clerk
Minutes approved by Edina City Council, December 20, 2011.
James B. Hovland, Mayor
Video Copy of the December 6, 2011, meeting available.
Page 11
MINUTES
OF THE WORK SESSION
EDINA CITY COUNCIL
HELD AT EDINA CITY HALL
DECEMBER 6, 2011
5:40 P.M.
Mayor Hovland called the meeting to order at 5:40 p.m. Answering rollcall were Members Bennett,
Brindle, Sprague, Swenson and Mayor Hovland.
Staff attending the meeting: Jennifer Bennerotte, Communications & Marketing Director; Wayne
Houle, City Engineer /Public Works Director; Karen Kurt, Assistant City Manager; Debra Mangen, City
Clerk; and Scott Neal, City Manager.
Consultants attending on behalf: of the City: Mark Ruff and Jessica Cook, Ehlers and Associates.
Mayor Hovland explained the purpose of the meeting was to further review a request from Simon
Properties for economic development assistance from the City of Edina. He noted Mr. Ruff needed to
leave the meeting at 6:30 p.m.
Manager Neal briefly reviewed the City's proposed response to the Simon Properties request for a
$5:378 million grant as incentive for Simon to complete a $15 million renovation at Southdale Center.
Simon:Properties representatives have indicated the renovation would not be possible without the
requested assistance. Mr. Neal outlined the following possible terms:
1. 'City. obtains a permanent easement for a water treatment facility at no cost allowing the City
to complete facility construction by 2013.
2. Simon to provide land for a transit station meeting City and Metropolitan Council parameters
at no cost to either entity.
3. Three options to provide capital to Simon from the City:
a. The City provides a low interest loan to Simon (3% or less) with deferred interest,
accrued for -three years. Beginning in year four, the loan is amortized over a 20 -year
period with equal principal and interest payments monthly; or
b. The City provides matching grant funding to Simon on .a 5:1 ratio (private to public
investment) to a maximum of $3 million dollars of City financial assistance, which the
City,would recapture by creating a new TIF district around Southdale; or
c. The. City provides grant funding to Southdale per Simon's '.October 7 request:
$5,378,000 based upon monthly draws of $1.00 of public funds. for every $239 of
private expense.
4. Loan principal can be reduced, by property taxes from new development on the Southdale site
captured in a nine -year tax increment financing district to be established in 2011 for the mall
itself andfrom any housing districts established for future residential facilities on the site.
5. The City is given an option to lease third floor space for community facilities at a
predetermined lease rate.
6. The renovation plan will also include a landscaping /site improvement plan, determined jointly
with the City, which provides improved pedestrian connections between Southdale and the
health campus on the north and the Galleria on the south, and to any subsequently
constructed housing development adjacent to Southdale.
1
Minutes /Edina City Council Work Session /November 29, 2011
The Council discussed the possible terms and indicated some support for providing financial
assistance. A majority of the Council indicated they could support providing h.,+..,een $4 to $5 up to
$4 million in financial assistance in the form of a grant using the City's tax - increment financing funds
and /or a zero percent interest loan. Additional terms the Council would consider included: no -cost
water treatment facility permanent easement allowing facility construction in 2013; land for a transit
station; option for third -floor space lease at predetermined rate; and landscaping and site plan
improvements providing improved pedestrian connections in the greater Southdale area. Member
Bennett indicated she could not find a h -a deffic lty finding the public purpose in the request. Mr.
Neal was directed to further negotiate an agreement for financial assistance acceptable to both
Simon Properties and the City of Edina.
Mayor Hovland adjourned the meeting at 6:55 p.m.
Respectfully submitted,
Debra A. Mangen, City Clerk
Minutes approved by Edina City Council, December 20, 2011
James B. Hovland, Mayor
2
MINUTES
OF THE WORK SESSION
EDINA CITY COUNCIL
HELD AT EDINA CITY HALL
DECEMBER 15, 2011
4:06 P.M.
Mayor Hovland called the meeting to order at 4:06 p.m. Answering rollcall were Members Brindle,
Sprague, Swenson and Mayor Hovland. Member Bennett entered the meeting at 4:08 p.m.
Staff attending the meeting: , Jennifer Bennerotte, Communications & Marketing Director; Steve
Grausam, Liquor Director Wayne Houle; City Engineer /Public Works Director; John Keprios, Park &
Recreation Director; Steyq:Kirchman, Building Official; Karen Kurt, Assistant City Manager; Jeff Long,
Police Chief; Debra: Mangen, ,City Clerk; Scott Neal, City Manager; Eric Roggeman, Assistant Finance
Director,-,Mart y Scheerer, Fi`r'e,Chief; Matt Sisterman, IT Director; and John Wallin, Finance Director.
Mayor Hovland explained the purpose of the meeting was to review the 2012 Proposed Operating
Budget and Tax Levy,following the four citizens' input meetings led by the Citizen's League. Manager
Neal reviewed the final report and findings of the four 2011 Citizens League Budget Workshops. He
noted that 43 unique people participated and gave the demographics of those persons. Mr. Neal
explained the focus of the workshops centered on: proposed plan for unreserved cash fund balance,
cost recovery /subsidy levels for enterprises, property taxes and general budget direction for the
future.
Mr. Neal reported the workshop findings as follows: participants were highly engaged and
appreciated the opportunity to weigh in on the proposed budget; the cash balance should be
amended; City amenities (enterprises) should be more self- supporting; property tax levels were
reasonable, but residents urged fiscal conservatism; and participants value the quality of life in Edina.
The Council and staff reviewed the meaning of the Budget Workshop findings and their possible
implications for the proposed 2012 Operating Budget and Tax Levy. The Council expressed a desire to
continue hosting workshops in the future and to hold them earlier. Some alternative budget
scenarios were explored. Consensus of the Council was to direct staff to prepare the 2012 Budget
and Tax Levy, resolution reflecting.,a $111,556 adjustment to the 2012 contingency expense for
additional estimated 2012 revenue. The 2012 proposed property tax levy will be $26,248,226 with a
proposed tax levy increase of 1.79 %.
Mayor Hovland adjourned the meeting at 5:45 p.m.
Respectfully submitted,
Debra A. Mangen, City Clerk
Minutes approved by Edina City Council, December 20, 2011
James B. Hovland, Mayor
1
Subledger Account Description
BREAKFAST WITH SANTA
12f7/2011 13:02:16
Page- 1
Business Unit
PARK ADMIN. GENERAL
PROFESSIONAL SERVICES
R55CKREG LOG20000
COST OF GOODS SOLD MIX
VERNON SELLING
COST OF GOODS SOLD MIX
CITY OF
EDINA
YORK SELLING
COST OF GOODS SOLD MIX
VERNON SELLING
Council Check Register
1218/2011
- 12/8/2011
Check
#
Date
Amount
Supplier/ Explanation PO ,#
Doc No
Inv No
Account No
354027
121812011
125198 AARSVOLD, KRISTIN
138.80
SUPPLIES FOR SANTA EVENT
276738
120511
1600.4390.56
138.80
354028
121812011
103173 ACCOUNTEMPS
499.68
UB TEMP
276638
34422790
5910.6103
499.68
354029
121812011
102971 ACE ICE COMPANY
142.00
276400
580845
5862.5515
54.00
276401-
580844
5822.5515
92.00
276402
580842
5842.5515
32.40
276748
0815986
5862.5515
320.40
354030
1218/2011
100614 ACE SUPPLY CO. INC.
-
69.48
HEATING SUPPLIES - GREENHOUSB0001232
276347
114332
1646.6406
69.48
354031
121812011
100817 ADAM'S PEST CONTROL
28.00
PEST CONTROL
276639
686250
5421.6102
28.00
364032
12/812011
105991 AL'S COFFEE COMPANY
-
187.04
COFFEE
276640
92504
5620.5510
187.04
354033
12/8/2011
122042 AMERICAN ATHLETIC SHOE CO. INC
2,083.00
ICE SKATES 00002008
276567
SI- 103396
5630.6406
2,083.00
354034
121812011
101115 AMERIPRIDE SERVICES
51.76
276453
113011
5821.6201
57.06
276453
113011
5841.6201
127.80
276453
113011
5861.6201
143.34
276453
113011
1470.6201
161.40
276453
113011
5421.6201
234.83
276453
113011
1551.6201
442.36
276453
113011
1470.6201
1,218.55
354035
12f8/2011
100630 ANCHOR PAPER CO. INC.
Subledger Account Description
BREAKFAST WITH SANTA
12f7/2011 13:02:16
Page- 1
Business Unit
PARK ADMIN. GENERAL
PROFESSIONAL SERVICES
GENERAL (BILLING) -
COST OF GOODS SOLD MIX
VERNON SELLING
COST OF GOODS SOLD MIX
50TH ST SELLING
COST OF GOODS SOLD MIX
YORK SELLING
COST OF GOODS SOLD MIX
VERNON SELLING
GENERAL SUPPLIES
CONTRACTUAL SERVICES
COST OF GOODS SOLD
GENERAL SUPPLIES
LAUNDRY
LAUNDRY
LAUNDRY
LAUNDRY
LAUNDRY
LAUNDRY
LAUNDRY
BUILDING MAINTENANCE
GRILL
EDINBOROUGH PARK
CENTENNIAL LAKES
50TH-ST OCCUPANCY
YORK OCCUPANCY
VERNON OCCUPANCY
FIRE DEPT. GENERAL
GRILL
CITY HALL GENERAL
FIRE DEPT. GENERAL
R55CKREG LOG20000
CITY OF EDINA
12!1/2011 13:02:16
Council Check Register
Page - 2
1218/2011
- 12/8/2011
Check # Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
865.79
COPIER PAPER
276452
10305223 -00
1550.6406
GENERAL SUPPLIES
CENTRAL SERVICES GENERAL
865.79
354036 121812011
124433 ANDERSON, MARLYN J
-
139.18
SUPPLIES REIMBURSEMENT
276493
112911
5111.6406
GENERAL SUPPLIES
ART CENTER BLDG/MAINT
139.18
384037 1218/2011
119978 AP LAWN
1,001.92
FINAL FALL CLEANUP 00002015
276568
CTLK5 -1112
5631.6230
SERVICE CONTRACTS EQUIPMENT
CENTENNIAL ADMINISTRATION
1,001.92
354038 121812011
101772 APCO INTERNATIONAL INC
69.00
MEMBERSHIP DUES - L. DRAPER
276569
340587 -2012
1400.6105
DUES 8 SUBSCRIPTIONS
POLICE DEPT. GENERAL
69.00
354039 1218/2011
102172 APPERTS FOODSERVICE
516.06
CONCESSION PRODUCT
276641
1657078
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
378.50
CONCESSION PRODUCT
276642
1655349
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
726.85
CONCESSION PRODUCT
276643
1652558
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
36.00
PRETZELS
276644
1657080
5421.5510
COST OF GOODS SOLD
GRILL
1,657.41
354040 121612011
102774 ASPEN WASTE SYSTEMS
53.48-
276645
120111
5430.6182
RUBBISH REMOVAL
RICHARDS GOLF COURSE
26.30
276645
120111
1645.6182
RUBBISH REMOVAL
LITTER REMOVAL
26.30
276645
120111
1645.6182
RUBBISH REMOVAL
LITTER REMOVAL
33.00
276645
120111
5821.6182
RUBBISH REMOVAL
50TH ST OCCUPANCY
33.28
276645
120111
1481.6182
RUBBISH REMOVAL
YORK FIRE STATION
46.03
276645
120111
5111.6182
RUBBISH REMOVAL
ART CENTER BLDG/MAINT
66.03
276645
120111
5210.6182
RUBBISH REMOVAL
GOLF DOME PROGRAM
82.60
276645
120111
1470.6182
RUBBISH REMOVAL
FIRE DEPT. GENERAL
84.97
276645
120111
1628.6182
RUBBISH REMOVAL
SENIOR CITIZENS
90.08
276645
120111
5841.6182
RUBBISH REMOVAL
YORK OCCUPANCY
94.33_
276645
120111 _
5420.6182
RUBBISH REMOVAL
CLUB HOUSE
101.98
276645
120111
5861.6182
RUBBISH REMOVAL
VERNON OCCUPANCY
192.15
276645
120111
5511.6182
RUBBISH REMOVAL
ARENA BLDG/GROUNDS
238.05
276645
120111
1551.6182
RUBBISH REMOVAL
CITY HALL GENERAL
298.39
276645
120111
1301.6182
RUBBISH REMOVAL
GENERAL MAINTENANCE
298.40
276645
120111
1552.6182
RUBBISH REMOVAL
CENT SVC PW BUILDING
663.12
276645
120111
5620.6182
RUBBISH REMOVAL
EDINBOROUGH PARK
2,321.53
R55CKREG LOG20000
73.55
276403
CITY OF EDINA
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
705.30
Council Check Register
70070000
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
566.85
1218/2011 - 121812011
276405
Check #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No Account No
Subledger Account Description
354041
1218/2011
5842.5515
102195 BATTERIES PLUS
YORK SELLING
174.65
276749
19.04
BATTERIES
00001306 276454
018 - 253100 1552.6406
GENERAL SUPPLIES
171.55
104.63
BATTERIES
00001306 276454
018 - 253100 1325.6406
GENERAL SUPPLIES
147.10
123.67
276751
70993900
5862.5513
COST OF GOODS SOLD WINE
354042
12/812011
1,861.75
125300 BAUMAN, DOUG
276752
71155000
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
97.13
MILEAGE REIMBURSEMENT
276508
113011 5510.6107
MILEAGE OR ALLOWANCE
5842.5512
COST OF GOODS SOLD LIQUOR
97.13
97.55
276754
354043
121812011
COST OF GOODS SOLD LIQUOR
101355 BELLBOY CORPORATION
130.26
12/7/2011 13:02:16
Page- 3
Business Unit
CENT SVC PW BUILDING
STREET NAME SIGNS
ARENA ADMINISTRATION
73.55
276403
71015500
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
705.30
276404
70070000
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
566.85
276405
71015400
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
150.87
276406
86041600
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
174.65
276749
71154900
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
171.55
276750
71131700
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
147.10
276751
70993900
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
1,861.75
276752
71155000
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
607.70
276753
71161400
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
97.55
276754
71161500
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
130.26
276755
86082200
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
50.91
276756
86082300
5822.5515
COST OF GOODS SOLD MIX
511TH ST SELLING
4,738.04
354044 12/812011
117379 BENIEK PROPERTY SERVICES INC.
803.40
DEC 2011 SNOWPLOWING
276693
138362
7411.6136
SNOW & LAWN CARE
PSTF OCCUPANCY
803.40
364045 121812011
100681 BENN, BRADLEY
143.65
ART WORK SOLD
276494
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
143.65
354046 121812011
129750 BERNARD, PAULA
109.52
UTILITY OVERPAYMENT REFUND
276694
5908 CRESCENT
5900.2015
CUSTOMER REFUND
UTILITY BALANCE SHEET
DR
109.52
364047 121812011
101375 BLOOMINGTON SECURITY SOLUTIONS
195.05
LOCKS 00001179
276509
574615
1646.6406
GENERAL SUPPLIES
BUILDING MAINTENANCE
195.05
364048 1218/2011
122688 BMK SOLUTIONS
R55CKREG LOG20000
121812011
ACCESSORIES
100659 BOYER TRUCK PARTS
CITY OF EDINA
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
78.79
Council Check Register
00005675
276348
584136
12/8/2011 - 12/812011
CLAMPS, WASHERS
Check # Date
Amount
Supplier I Explanation
PO # Doc No
Inv No Account No
Subledger Account Description
AXLE CLAMP
3.06
OFFICE SUPPLIES
-00001437 276455
72782 1552.6406
GENERAL SUPPLIES
16.19
35.91
OFFICE SUPPLIES
00001437 276455
72782 1646.6406
GENERAL SUPPLIES
38.97
354049 121812011
12/8/2011
105367 BOUND TREE MEDICAL LLC
103995 BRYAN, LINDA NELSON
603.34
AMBULANCE SUPPLEIS
00003677 276570
87306443 1470.6510
FIRST AID SUPPLIES
603.34
112911
76.34
354050 121812011
119351 BOURGETIMPORTS
354053
121812011
12/7/2011 13:02:16
Page- 4
Business Unit
CENT SVC PW BUILDING
BUILDING MAINTENANCE
FIRE DEPT. GENERAL
81.50 276407 105662 5842.5513 COST OF GOODS SOLD WINE YORK SELLING
382.00 276531 105843 5842.5513 COST OF GOODS SOLD WINE YORK SELLING
354061
121812011
ACCESSORIES
100659 BOYER TRUCK PARTS
ACCESSORIES
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
78.79
U -BOLTS
00005675
276348
584136
473.21
CLAMPS, WASHERS
00005675
276349
583715
497.16
AXLE CLAMP
00005675
276350
583715X1
16.19
NOZZLES
00005681
276646
585486
1,065.35
354052
12/8/2011
103995 BRYAN, LINDA NELSON
76.34
ART WORK SOLD
276495
112911
76.34
354053
121812011
119826 BRYANT GRAPHICS INC.
1,600.99
NEWSLETTER
00008266
276456
26406
1,600.99
354054
1218/2011
102149 CALLAWAY GOLF
141.16
MERCHANDISE
276695
922988243
175.34
276696
922986311
316.50
354055
121812011
120935 CAMPBELL KNUTSON
1,500.00
FEES AND EXPENSES
276739
112111
1,500.00
364056
12/8/2011
102046 CAMPE, HARRIET
48.75
ART WORK SOLD
276496
112911
48.75
364067
1218/2011
119455 CAPITOL BEVERAGE SALES
1553.6585
1553.6585
1553.6585
1553.6585
5101.4413
1628.6575
5440.5511
5440.5511
1120.6103
5101.4413
ACCESSORIES
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
ART WORK SOLD ART CENTER REVENUES
PRINTING
SENIOR CITIZENS
COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
PROFESSIONAL SERVICES
ART WORK SOLD
ADMINISTRATION
ART CENTER REVENUES
Subledger. Account Description
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
I�
1217/2011 13:02:16
Page- 5
Business Unit
YORK SELLING
50TH ST SELLING
50TH ST, SELLING
50TH ST SELLING
YORK SELLING
DUE TO OTHER GOVERNMENTS .' GENERAL FUND BALANCE SHEET
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
50TH ST SELLING
CITY OF
EDINA
R55CKREG
LOG20000
HEAT
CENT SVC PW BUILDING
`HEAT
PSTPOCCUPANCY
HEAT
PSTF FIRE TOWER
FUEL OIL
PSTF FIRE TOWER
Council Check Register
12/8/2011
- 12/8/2011
Check
#
Date
Amount
Supplier/ Explanation . PO #
Doc No
Inv No
Account No
157.50
276757
8380
5842.5514
151.50
276758
8381
5822.5514
-.
32.30
276759
6130
5822.5515
630.20
276760
6133
5822.5514
1,073.80,
276761
6132
5842.5514
2,045.30
364058
12/812011
108517 CARVER COUNTY
490.00
OUT OF COUNTY WARRANT
276457
112811
1000.2055
490.00
354059
121812011
116683 CAT & FIDDLE BEVERAGE
724.00
276532
91829
5842.5513
512.00
276762
91851
5862.5513
80.00
276763
91850
5822.5513
1,316.00
354060
121812011
112661 CENTERPOINT ENERGY_
1,359.70
55465041
276431
5546504- 11/11
1470.6186
3,408.40
559145114
276432
5591458 -11111
1551.6186
382.53-
5528973-0
276458
5528973 -11111
1552.6186
713.47
55843049
276697
558430411111:
7411.6186
16.81
5584310 -6 .. -,
276698
5584310 =11/11
7413.6186
60.34
5590919 -6
276699
5590919 -11/11
7413.6582
5,941.25
364061
12/8/2011
123898 CENTURYLINK --
121.28
952 8314024
276459
002411/11
1552.6188
40.17
952 922 -9246
276460
9246 -11111
1400.6188
161.45
354062
12/812011
116363 CHIPPEWA, GRAPHICS INC.
533.09
ENVELOPES
276571
32322
1550.6406
533.09
354063
12/812011
119725 CHISAGO LAKES DISTRIBUTING CO
352.00
276764
460292
5842.5514
352.00
354064
i
121812011
100684 CITY OF BLOOMINGTON
2,500.00
STANDARDS SELF ASSESSMENT PROJ
276461
PH1036
4204.6103
2,500.00
Subledger. Account Description
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
I�
1217/2011 13:02:16
Page- 5
Business Unit
YORK SELLING
50TH ST SELLING
50TH ST, SELLING
50TH ST SELLING
YORK SELLING
DUE TO OTHER GOVERNMENTS .' GENERAL FUND BALANCE SHEET
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
50TH ST SELLING
HEAT
FIRE DEPT; GENERAL
HEAT
CITY HALL GENERAL
HEAT
CENT SVC PW BUILDING
`HEAT
PSTPOCCUPANCY
HEAT
PSTF FIRE TOWER
FUEL OIL
PSTF FIRE TOWER
TELEPHONE CENT SVC PW BUILDING
TELEPHONE POLICE DEPT. GENERAL
GENERAL SUPPLIES. CENTRAL SERVICES GENERAL
COST OF GOODS SOLD BEER YORK SELLING
PROFESSIONAL SERVICES HEALTH ALERT NETWORK
R55CKREG LOG20000
232.60
CITY OF EDINA
276533
0198161914
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
Council Cheek Register
232.60
1218/2011 - 1218/2011
Check #
Date
Amount
Supplier / Explanation PO # Doc No
Inv No Account No
Subledger Account Description
364065
121812011
122084 CITY OF EDINA - UTILITIES
80.48.
MILEAGE REIMBURSEMENT
1,337.10
00113607 -0342163045 276572
342163045 -11/11 1470.6189
SEWER & WATER
PARK ADMIN. GENERAL
1,337.10
80.48
354066
12M12011
100687 CITY OF RICHFIELD
354069
12/8/2011
120433 COMCAST
19.52
% XCEL FOR STORM LS 00001149 276573
5049 5934.6185
LIGHT & POWER
19.52
88.28
8772 10 614 0177449
276647
354067
12/812011
TELEPHONE
100692 COCA -COLA REFRESHMENTS
12!1/2011 13:02:16
Page- 6
Business Unit
FIRE DEPT. GENERAL
STORM LIFT STATION MAINT
232.60
276533
0198161914
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
232.60
364068
121812011
101119 COCKRIEL, VINCE
80.48.
MILEAGE REIMBURSEMENT
276574
112111
1600.6107
MILEAGE OR ALLOWANCE
PARK ADMIN. GENERAL
80.48
354069
12/8/2011
120433 COMCAST
88.28
8772 10 614 0177449
276647
177449 -11/11
5420.6188
TELEPHONE
CLUB HOUSE
74.95
8772 10 614 0165667
276648
165667 -11/11
5424.6406
GENERAL SUPPLIES
RANGE
163.23
354070
121812011
100697 COOL AIR MECHANICAL INC.
471.00
HEATER REPAIR
00008093 276700
76429
5511.6180
CONTRACTED REPAIRS
ARENA BLDG/GROUNDS
471.00
354071
121812011
102791 D2 SERVICES INC.
416.60
SCADA SERVICES
00005430 276351
10161
05508.1705
CONSTR. IN PROGRESS
WM -508 SCADA SYSTEM
416.60
354072
12/812011
121618 DAKOTA SUPPLY GROUP
50.85
CRIMPING TOOL
00001147 276352
7127997
5917.6406
GENERAL SUPPLIES
METER REPAIR
868.94
METERS
00001144 276353
7130825
5917.6530
REPAIR PARTS
METER REPAIR
908.44
METER DIALS
00001144 276354
7127995
5917.6530
REPAIR PARTS
METER REPAIR
1,828.23
354073
12/8/2011
104020 DALCO
212.61
TISSUE, ROLL TOWELS
00001454 276649
2401060
1552.6406
GENERAL SUPPLIES
CENT SVC PW BUILDING
212.61
354074
1218/2011
103176 DANICIC, JOHN
153.40
ART WORK SOLD
276497
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
R55CKREG LOG20000 CITY OF EDINA
Council Check Register
12/8/2011 - 1216/2011
heck # Date Amount Supplier / Explanation PO # Doc No Inv No Account No
153.40
276576
650243624 -11/11
5631.6122
4075 121812011
102478 DAY DISTRIBUTING CO.
110311867 -11/11
5621.6122
3,063.15
276740
276408
626390
65.40
276740
276409
626391
22.40
276740
276534
628195
2,854.35
276535
628194
67.20
121812011
276536
628198
257.00
276765
626538
4,597.70
REFUSE
276766
628197
257.00
276767
628539
816.60
1308664
276768
628196
12,000.80
4076 121812011
100718 DELEGARD TOOL CO.
128084 DIETZ, USA
60.11
TRIGGER, TUNE -UP KIT
00005674 276575
639734
60.11
ART WORK SOLD
276498
112911
4077 121812011
102831 DEX MEDIA EAST INC.
151.44
5862.5514
5862.5515
5862.5515
5862.5514
5842.5515
5822.5514
5842.5514
5842.5514
5822.5514
1553.6556
101.80 650243624
276576
650243624 -11/11
5631.6122
125.35 110311867
276650
110311867 -11/11
5621.6122
20.00
276740
110312148 -11/11
5821.6188
20.00
276740
110312148 -11/11
5841.6188
20.00
276740
110312148 -11/11
5861.6188
1553.6180
4095.6103
4095.6103
5101.4413
5620.5510
Subledger Account Description
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS; SOLD BEER
TOOLS
ADVERTISING OTHER
ADVERTISING OTHER
TELEPHONE
TELEPHONE
TELEPHONE
CONTRACTED REPAIRS
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
ART WORK SOLD
COST OF GOODS SOLD
12f712011 13:02:16
Page- 7
Business Unit
VERNON SELLING
VERNON SELLING.
VERNON SELLING
VERNON SELLING
YORK SELLING
50TH ST SELLING
YORK SELLING
YORK SELLING
50TH ST SELLING
EQUIPMENT OPERATION GEN
CENTENNIAL ADMINISTRATION
EDINBOROUGH ADMINISTRATION
50TH ST OCCUPANCY
YORK OCCUPANCY
VERNON OCCUPANCY
EQUIPMENT OPERATION GEN
50TH STREET RUBBISH
50TH STREET RUBBISH
ART CENTER REVENUES
EDINBOROUGH PARK
287.15
354078
12/812011
129191 DICK & RICK'S AUTO INTERIORS
334.33
CUSHION AND SEAT REPAIRS 00005648
276577
26342
334.33
354079
121812011
123995 DICK'SILAKEVILLE SANITATION IN
3,366.00
REFUSE
276462
1314481
3,177.45
REFUSE
276463
1308664
6,543.45
354080
121812011
128084 DIETZ, USA
151.44
ART WORK SOLD
276498
112911
151.44
354081
121812011
129718- DREW'S CONCESSIONS U-C
144.00
CARAMEL CORN
276651
1505
144.00
1553.6180
4095.6103
4095.6103
5101.4413
5620.5510
Subledger Account Description
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD MIX
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS; SOLD BEER
TOOLS
ADVERTISING OTHER
ADVERTISING OTHER
TELEPHONE
TELEPHONE
TELEPHONE
CONTRACTED REPAIRS
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
ART WORK SOLD
COST OF GOODS SOLD
12f712011 13:02:16
Page- 7
Business Unit
VERNON SELLING
VERNON SELLING.
VERNON SELLING
VERNON SELLING
YORK SELLING
50TH ST SELLING
YORK SELLING
YORK SELLING
50TH ST SELLING
EQUIPMENT OPERATION GEN
CENTENNIAL ADMINISTRATION
EDINBOROUGH ADMINISTRATION
50TH ST OCCUPANCY
YORK OCCUPANCY
VERNON OCCUPANCY
EQUIPMENT OPERATION GEN
50TH STREET RUBBISH
50TH STREET RUBBISH
ART CENTER REVENUES
EDINBOROUGH PARK
R55CKREG LOG20000
CITY OF EDINA
Council Check Register
12/8/2011
- 1218/2011
Check #
Date
Amount
Supplier/ Explanation PO # Doc No
Inv No
Account No
354082
121812011
124603 EDEN PRAIRIE VVINLECTRIC CO.
128.47
ELECTRICAL WORK AT GREENHOUGOO1893 276510
08327100
1646.6180
203.98
ELECTRICAL WORK AT GREENHOUB®01113 276511
08461400
1646.6180
135.89
ELECTRICAL WORK AT GREENHOUSEO1211 276512
08492100
1646.6180
855.00
INVISIBLE FENCE WIRE 00001873 276578
08315401
01355.1705.31
14.05
GROUND ROD 00001027 276579
08403800
1322.6406
25.61
PLUGS 00001221 276580
08509100
1552.6406
30.02
RELAY SWITCHES 00001257 276581
08546200
7411.6406
1,393.02
354083
121812011
123189 EDINA LIQUOR
83.00
BEER 276652
141
5421.5514
83.00
364084
121812011
103594 EDINALARM INC.
179.97
ALARM MONITORING 276653
70080
5422.6188
179.97
364085
121812011
120331 EKKLESIA MEDIA SERVICES
120.00
SOUND SYSTEM REPAIR 00008092 276701
3683
5511.6180
120.00
354086
121812011
126805 ELECTRONIC CENTER
9.54
SOLDER 00001231 276355
728123
5913.6580
9.54
354087
121812011
102309 EMBEDDED SYSTEMS INC.
2,510.40
SIREN MAINTENANCE 276464
32868
1460.6230
2,510.40
354088
12IM2011
100752 ESS BROTHERS & SONS INC.
354.83
MANHOLE LIDS 00001843 276654
QQ6811
5923.6406
354.83
364089
121812011
104004 ESSIG, CRAIG
385.00
ONLINE COURSE FEE 276582
120111
1470.6104
385.00
354090
121812011
127590 ETTERMAN ENTERPRISES
285.96
LIGHTS, SWITCHES 00005493 276356
177271
1553.6585
47.14
LAMPS, BULBS 00005493 276357
177228
1553.6585
Subledger Account Description
CONTRACTED REPAIRS
CONTRACTED REPAIRS
CONTRACTED REPAIRS
MATERIALS /SUPPLIES
GENERAL SUPPLIES
GENERAL SUPPLIES
GENERAL SUPPLIES
12/7/2011 13:02:16
Page - 8
Business Unit
BUILDING MAINTENANCE
BUILDING MAINTENANCE
BUILDING MAINTENANCE
BA -355 GOLF TERRACE N'HOOD
STREET LIGHTING ORNAMENTAL
CENT SVC PW BUILDING
PSTF OCCUPANCY
COST OF GOODS SOLD BEER GRILL
TELEPHONE
CONTRACTED REPAIRS
WELDING SUPPLIES
MAINT OF COURSE & GROUNDS
ARENA BLDG/GROUNDS
DISTRIBUTION
SERVICE CONTRACTS EQUIPMENT CIVILIAN DEFENSE
GENERAL SUPPLIES COLLECTION SYSTEMS-
CONFERENCES & SCHOOLS FIRE DEPT. GENERAL
ACCESSORIES
ACCESSORIES
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
CITY OF EDINA
12(1/2011 13:02:16
R55CKREG LOG20000
Council Check Register
Page - 9
1218/2011
- 12/8/2011
Check
#
Date
Amount
Supplier! Explanation
PO # Doc No
-
Inv No
Account No
Subledger: Account Description
Business Unit
333.10
354091
121812011.
100018 EXPERTT.BILLING
5,124.25
NOV BILLINGS
276741
120211
1470.6103
PROFESSIONAL °SERVICES
FIRE DEPT. GENERAL
5,124.25
354092
12/8/2011
100146- FACTORY MOTOR PARTS COMPANY
10.33
HEADLIGHT
00005536 276358x,
1- 3774581
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
96.98 `
JOINT ASSEMBLY, BALL JOINT
' .00005673 276359
69- 053257
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN,
56.05
BLOWER MOTOR
00005536 276360
69-053557
1553.6585:
ACCESSORIES;.
EQUIPMENT OPERATION GEN
296:60
CONDENSER ASSEMBLY
00005643 276583
69- 053651
1553.6585
ACCESSORIES
EOUIPMENT OPERATION GEN
460.16
- 354093
12MI2011
126004 FERGUSON WATERWORKS
419.02
REPAIR LOCATOR
00001138 276361
501340731.001
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
419.02
364094
121812011
120329. FIRE, EQUIPMENT,SPECIALTIES INC
299.95
FIRE BOOTS
00003682 276584
7320
1470.6552
PROTECTIVE CLOTHING
FIRE DEPT. GENERAL
299.95
354095
121812011
-
129500 FLAT EARTH BREWING CO.
71.98
.276769
3379
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
71.98
354098
1218/2011
123818 FLEURY, CYNTHIA
246.35
ART WORK SOLD
276499
112911
5101.4413
ART WORK SOLD-
ART CENTER REVENUES
246.35
364097
1218/2011
101612 FLEXIBLE PIPE TOOL COMPANY
-
541.22
KIT FOR CAMERA
00001239 276362
14775
5920.6180
CONTRACTED REPAIRS
SEWER CLEANING
220.59
SOCKET FOR CAMERA
00001239 276655
14796
5920.6530
REPAIR PARTS
SEWER CLEANING
761.81
354098
121812011
101476 FOOTJOY:
89.10
SHOES
276702
4027056
5440.5511
COSTOF GOODS - PRO SHOP
PRO SHOP RETAIL SALES
68.00-
CREDIT
276703
6901535
5440.5511
COST OF GOODS - PRO SHOP
PRO SHOP RETAIL SALES
21.10
354099
1218/2011
102727 :FORCE AMERICA.
707.56
AUGER SENSORS
00005677 276585
01374864
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
1,246.59
PUMP
00005568 276586
01374863
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
R55CKREG LOG20000
CITY OF EDINA
12!712011 13:02:16
Council Check Register
Page - 10
1218/2011
- 12/8/2011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
1,954.15
354100
1218/2011
106361 FOSTER, REBECCA
75.48
MILEAGE REIMBURSEMENT
276704
120111
1260.6107
MILEAGE OR ALLOWANCE
ENGINEERING GENERAL
75.48
354101
121812011
103039 FREY, MICHAEL
150.23
SUPPLIES REIMBURSEMENT
276656
112911
5110.6406
GENERAL SUPPLIES
ART CENTER ADMINISTRATION
150.23
354102
'1202011
122086 FULGENCY, E.
78.00
ART WORK SOLD
276500
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
78.00
364103
12/812011
127385 GARAGE DOOR STORE
74.00
CAR WASH DOOR REPAIR
00005646 276587
19654
1552.6530
REPAIR PARTS
CENT SVC PW BUILDING
74.00
354104
1218/2011
129282 GENERAL SAFETY EQUIPMENT LLC
780.00
FIRE TRUCK CHANGE ORDER
00003589 276588
65072
421470.6710
EQUIPMENT REPLACEMENT
FIRE EQUIPMENT
780.00
354105
121812011
119936 GLOBAL OAK
37.50
ART CENTER E- COMMERCE
276705
010841
5110.6103
PROFESSIONAL SERVICES
ART CENTER ADMINISTRATION
281.25
PARK & REC E- COMMERCE
276705
010841
1627.6103
PROFESSIONAL SERVICES
SPECIAL ACTIVITIES
468.75
BRAEMAR GOLF E- COMMERCE
276705
010841
5410.6103
PROFESSIONAL SERVICES
GOLF ADMINISTRATION
1,200.00
BRAEMAR ARENA E- COMMERCE
276705
010841
5510.6103
PROFESSIONAL SERVICES
ARENA ADMINISTRATION
3,675.00
WEBSITE MAINTENANCE
276705
010841
2210.6124
WEB DEVELOPMENT
COMMUNICATIONS
5,662.50
364106
12/8/2011
117811 GOLBERG, CAROLYN
110.18
ART WORK SOLD
276501
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
110.18
354107
12/8/2011
129749 GOOD, JON
64.95
UNIFORM BOOTS
276706
120111
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
64.95
354108
121812011
103866 GRAHN, LEON
353.85
MILEAGE REIMBURSEMENT
276707
112911
5410.6107
MILEAGE OR ALLOWANCE
GOLF ADMINISTRATION
353.85
CITY OF EDINA
1217/2011 13:02:16
R55CKREG LOG20000
Council Check
Register
Page - 11
12/8/2011
- 12/812011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
354109
121812011
101103 GRAINGER
648.76
GLOVES, UTILITY PUMP
00001142 276363
9689982487
5913.6406
GENERAL SUPPLIES
DISTRIBUTION
50.42
MEASURING TAPES, HOLE PLUGS
00005577 276364
9691633920
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
180.90
MOP BUCKETS
00001172 276365
9687493040
1646.6406
GENERAL SUPPLIES
BUILDING MAINTENANCE
60.54
FURNACE PARTS
00001247 276366
9688807230
1646.6530
REPAIR PARTS
BUILDING MAINTENANCE
312.28
ROLLING LADDER
00001269 276367
9689700194
1643.6556
TOOLS
GENERAL TURF CARE
108.51
SHOP SUPPLIES
00001268 276513
9693749302
1646.6406
GENERAL SUPPLIES
BUILDING MAINTENANCE
256.50
LIGHTING
00002251 276657
9685604564
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
513.00
LIGHTING
00002252 276658
9687829300
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
2,130.91
354110
12/8/2011
124711 GRANDVIEW TIRE & AUTO - CAHILL
153.30
ALIGNMENT
00005580 276589
32626
1553.6180
CONTRACTED REPAIRS
EQUIPMENT OPERATION GEN
153.30
364111
121812011
102217 GRAPE BEGINNINGS INC
388.50
276537
133833
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
1,033.50
276770
133645
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
242.25
276771
133890
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
1,664.25
354112
1218/2011
101518 GRAUSAM, STEVE
228.44
MILEAGE REIMBURSEMENT
276590
120111
5840.6107
MILEAGE OR ALLOWANCE
LIQUOR YORK GENERAL
226.44
364113
121812011
100786 GREUPNER, JOE
291.00
GIFT CERTIFICATES / LESSONS
276659
112911
5201.4543
GOLF DOME RECEIPTS
GOLF DOME REVENUES
3,071.00
GIFT CERTIFICATES / LESSONS
276659
112911
5401.4602
LESSONS
GOLF REVENUES
3,362.00
354114
12/8/2011
100155 GRITTON, KAY
128.38
ART WORK SOLD
276502
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
128.38
354115
121812011
129754 GROFF, JUDITH
10.70
AMBULANCE OVERPAYMENT
276708
120111
1470.4329
AMBULANCE FEES
FIRE DEPT. GENERAL
10.70
354116
12/812011
125270 HARTFORD -PRIORITY ACCOUNTS
3,095.71
PREMIUM
276709
5659501 -0
9900.2033.16
LTD - 99
PAYROLL CLEARING
3,095.71
R55CKREG LOG20000
CITY OF EDINA
Council Check Register
12/8/2011
- 12/8/2011
Check # Date
Amount
Supplier/ Explanation PO # Doc No
Inv No
Account No
364117 12/8/2011
113546 HARTMAN COMPANIES INC.
1,951.50
PROMENADE LANDSCAPING 276591
1154
1000.1303
1,951.50
354118 121812011
101255 HASLER INC.
144.82
POSTAGE METER RENTAL 276465
14885167
1500.6235
193.27
POSTAGE MACHINE RENTAL 276592
14619301
1400.6235
278.92
POSTAGE RATE CHANGE 276593
14526780
1400.6235
617.01
364119 121812011
129763 HELGREN, GLORIA
1,275.00
AMBULANCE OVERPAYMENT 276710
120111
1470.4329
1,275.00
354120 12/812011
106436 HENNEPIN COUNTY INFORMATION
160.31
TECHINCAL SUPPORT 276594
INOV62023
1190.6105
160.31
TECHNICAL SUPPORT 276595
INOV62024
1400.6160
320.62
354121 121812011
100801 HENNEPIN COUNTY TREASURER
2,714.00
ROOM & BOARD - OCT 276466
1000009169
1195.6225
2,714.00
364122 1218/2011
106371 HENNEPIN FACULTY ASSOCIATES
2,475.08
MEDICAL DIRECTOR SERVICES 276711
QB19361
1470.6103
2,475.08
364123 121812011
101588 HENNEPIN TECHNICAL COLLEGE
484.08
APPARATUS OPERATOR COURSE 276596
10373214
1470.6104
484.08
APPARATUS OPERATOR COURSE 276597
00377046
1470.6104
968.16
354124 12/812011
116680 HEWLETT - PACKARD COMPANY
992.87
LAPTOP FOR COMMUNICATIONS 00004381 276514
50437888
1554.6710
1,472.21
HARDDRIVES FOR EXCHANGE SERUM4377 276515
50444105
1554.6710
5,296.69
NEW EXCHANGE SERVER 00004377 276516
50366892
1554.6710
60.92
WIRELESS MICE 00004381 276598
50449908
1260.6406
16.03
LAPTOP BAGS 00004381 276599
50428637
1260.6406
16.03
LAPTOP BAGS 00004381 276599
50428637
1554.6710
7,854.75
354126 121812011
103763 HILLYARD INC - MINNEAPOLIS
Subledger Account Description
DUE FROM HRA
POSTAGE
POSTAGE
POSTAGE
AMBULANCE FEES
DUES & SUBSCRIPTIONS
DATA PROCESSING
12/7/2011 13:02:16
Page - 12
Business Unit
GENERAL FUND BALANCE SHEET
CONTINGENCIES
POLICE DEPT. GENERAL
POLICE DEPT. GENERAL
FIRE DEPT. GENERAL
ASSESSING
POLICE DEPT. GENERAL
BOARD & ROOM PRISONER LEGAL SERVICES
PROFESSIONAL SERVICES FIRE DEPT. GENERAL
CONFERENCES & SCHOOLS FIRE DEPT. GENERAL
CONFERENCES & SCHOOLS FIRE DEPT. GENERAL
EQUIPMENT REPLACEMENT
EQUIPMENT REPLACEMENT
EQUIPMENT REPLACEMENT
GENERAL SUPPLIES
GENERAL SUPPLIES
EQUIPMENT REPLACEMENT
CENT SERV GEN - MIS
CENT SERV GEN - MIS
CENT SERV GEN - MIS
ENGINEERING GENERAL
ENGINEERING GENERAL
CENT SERV GEN - MIS
LOG20000
Check # Date Amount
Supplier / Explanation
1 175.16
SOAP, TOWELS
680.96
SOAP, SANITIZER
856.12
121812011
364126 1218/2011
104375 HOHENSTEINS.INC.
715.75
GENERAL SUPPLIES -
84.00
486.00
PW PURCHASES
922.08
111311
405.00
2,612.63
PW PURCHASES
PO # Doc No
00002254 276660
00002259 276661
276410
276538
276772
276773
276774
CITY OF EDINA
Council Check Register
12/8/2011 - 1218/2011
Inv No Account No
600020123 5620.6511
600026931 5620.6511
580968 5822.5514
580967 5862.5515
581669 5822.5514
581507 5842.5514
581679 5842.5514
364127 1218/2011 129748 HOLLE; AMANDA
451.28 PETTY CASH 276712 120211 5621.6406
Subledger Account Description
CLEANING SUPPLIES
CLEANING SUPPLIES
12/7/2011 13:02:16
Page- 13
Business Unit
EDINBOROUGH PARK
EDINBOROUGH PARK
COST OF GOODS SOLD BEER
50TH ST SELLING
451.28
VERNON SELLING
COST OF GOODS SOLD BEER
50TH ST SELLING
354128
121812011
COST OF GOODS SOLD BEER
126816 HOME DEPOT CREDIT SERVICES
1314.6406
GENERAL SUPPLIES -
26.69
PW PURCHASES
276467
111311
36.27
PW PURCHASES
276467
111311
36.28
PW PURCHASES
276467
111311
49.67
PW PURCHASES
276467
111311
100.57
PW PURCHASES
276467
111311
104.31
PW PURCHASES
276467
111311
353.79-
354129
12/8/2011
100809 HOSE / CONVEYORS INC.
359.94
MATS FOR RINKS 00001187 - 276368
00024526
359.94
354130
1218/2011
129103 HUDDLESON, ARIEL
51.00
REIMBURSE FOR BACKGROUND CK
276600
120111
51.00
354131
1218/2011
112628 ICEE COMPANY, THE,
92.12
CONCESSION PRODUCT
276662
156917
92.12
364132
121812011
126093 ILVONEN; ILONA
146.90
ART WORK SOLD
276503
112911
148.90
354133
1218/2011
108618 JEFFERSON FIRE & SAFETY INC.
Subledger Account Description
CLEANING SUPPLIES
CLEANING SUPPLIES
12/7/2011 13:02:16
Page- 13
Business Unit
EDINBOROUGH PARK
EDINBOROUGH PARK
COST OF GOODS SOLD BEER
50TH ST SELLING
COST OF GOODS SOLD MIX
VERNON SELLING
COST OF GOODS SOLD BEER
50TH ST SELLING
COST OF GOODS SOLD BEER
YORK SELLING
COST OF GOODS SOLD BEER
YORK SELLING
GENERAL SUPPLIES
01370.1705.31
MATERIALS/SUPPLIES
1301.6556
TOOLS
01362.1705.31
MATERIALS/SUPPLIES
5932.6520
CONCRETE
5918.6406
GENERAL SUPPLIES
1314.6406
GENERAL SUPPLIES -
1648.6406 GENERAL SUPPLIES
1400.6103
5620.5510
5101.4413
EDINBOROUGH ADMINISTRATION
BA -370 CARSONS HILL RECON
GENERAL MAINTENANCE
BA -362 PARKWOOD KNOLLS
GENERAL STORM.SEWER
VEHICLE OPERATION
STREET RENOVATION
SKATING RINK MAINTENANCE
PROFESSIONAL SERVICES POLICE DEPT. GENERAL
COST OF GOODS SOLD
ART WORK SOLD
EDINBOROUGH PARK
ART CENTER REVENUES
R55CKREG LOG20000
100741 JJ TAYLOR DIST. OF MINN
CITY OF EDINA
Council Check Register
276539
1662531
5822.5514
12/8/2011 - 12/8/2011
50TH ST SELLING
Check # Date Amount
Supplier / Explanation PO # Doc No
Inv No Account No
Subledger Account Description
3,084.41
FOAM 00003672 276601
182470 1470.6557
FIREFIGHTING FOAM
3,084.41
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
354134 121812011
129635 JESSE JAMES CREATIVE INC.
1662543
5842.5515
6,625.00
WEBSITE REDESIGN 276369
JJ4824E 2210.6124
WEB DEVELOPMENT
6,625.00
WEBSITE REDESIGN 276468
JJ4824F 2210.6124
WEB DEVELOPMENT
13,250.00
276779
1634151
5842.5514
12/7/2011 13:02:16
Page - 14
Business Unit
FIRE DEPT. GENERAL
COMMUNICATIONS
COMMUNICATIONS
354135 121512011
100741 JJ TAYLOR DIST. OF MINN
3,746.50
276539
1662531
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
6,314.19
276775
1662530
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
11,757.78
276776
1662542
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
95.40
276777
1662543
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
2,736.53
276778
1662552
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
10.98-
276779
1634151
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
24,639.42
354137 121812011
100835 JOHNSON BROTHERS LIQUOR CO.
135.58
276411
1182067
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
347.92
276412
1180901
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
534.20
276780
1180900
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
333.24
276781
1182066
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
13,212.57
276782
1185715
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
447.12
276783
1185705
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
414.08
276784
1185703
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
3,025.31
276785
1185714
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
2,751.86
276786
1185710
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
677.39
276787
1185716
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
3,788.13
276788
1185711
5842.5512
COST OF GOODS SOLD LIQUOR
- YORK SELLING
2.24
276789
1185713
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
1.68
276790
1185701
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
14,932.75
276791
1185712
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
541.15
276792
1185698
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
209.70
276793
1185700
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
221.27
276794
1185699
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
529.14
276795
1185708
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
327.36
276796
1185707
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
1,476.21
276797
1185722
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
889.37
276798
1185718
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
1,163.78
276799
1185704
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
319.28
276800
1185706
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
9,299.08
276801
1185720
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
R55CKREG LOG20000
CITY OF EDINA
121712011 13:02:16
Council Check Register
Page - 15
12/8/2011
- 1218/2011
Check #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
389.78
276802
1185721
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
2,368.66
276803
1185723
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
5,659.35
276804
1185717
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
58.24
276805
1185719
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
64,056.44
354138
121812011
120296 KAASA, GUNNAR
95.00
RE- CERTIFICATION FEE
276713
120111
1553.6027
TRAINING
EQUIPMENT OPERATION GEN
95.00
354139
121812011
111018 KEEPRS INC.
329.98
UNIFORMS
00003616 276602
171788 -04
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
167.96
00003653 276603
175814 -01
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
7.47
00003645 276604
172610 -08
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
505.41
354140
121812011
117792 KIDDE FIRE TRAINERS INC.
3,074.00
MAINTENANCE AGREEMENT
00007436 276714
7492
7413.6215
EQUIPMENT MAINTENANCE
PSTF FIRE TOWER
3,074.00
354141
12/8/2011
123470 KIDSDANCE PRODUCTIONS
600.00
NEW YEAR'S EVE PARTY
276663
549
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
600.00
354142
1218/2011
129752 KLOSTER, MARQUERITE
10.57
AMBULANCE OVERPAYMENT
276715
120111
1470A329
AMBULANCE FEES
FIRE DEPT. GENERAL
10.57
354143
121812011
101340 KOCHENASH, RICK
282.75
ART WORK SOLD
276504
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
282.75
354144
121812011
104979 KOCON, ED
248.64
MILEAGE REIMBURSEMENT
276716
112911
5410.6107
MILEAGE OR ALLOWANCE
GOLF ADMINISTRATION
248.64
354146
121812011
120511 KUSKE, BRANDON
76.67
REIMBURSE TRAINING MATERIALS
276605
113011
1400.6104
CONFERENCES & SCHOOLS
POLICE DEPT. GENERAL
76.67
364146
121812011
116776 KUSTOM KARRIERS
153.74
DWI TOW
276469
112911
2340.6103
PROFESSIONAL SERVICES
DWI FORFEITURE
R55CKREG LOG20000
150.00
CITY OF EDINA
276806
5319
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
Council Check Register
150.00
276807
5318
12/8/2011
- 12/8/2011
50TH ST SELLING
Check #
Date
Amount
Supplier/ Explanation PO # Doc No
Inv No
Account No
Subledger Account Description
COST OF GOODS SOLD BEER
YORK SELLING
153.74
450.00
354147
121812011
127146 LANDSCAPE STRUCTURES INC.
354151
121612011
105726 LINDMAN, DAVID
2,610.53
PLAYGROUND PARTS 00001163 276517
M92899
1647.6530
REPAIR PARTS
1,379.40
2,610.53
276606
113011
1400.6406
GENERAL SUPPLIES
364148
12/8/2011
121656 LAVEN, JANE
98.80
ART WORK SOLD 276505
112911
5101.4413
ART WORK SOLD
98.80
354149
121812011
276470
100852 LAWSON PRODUCTS INC.
2210.6103
PROFESSIONAL SERVICES
COMMUNICATIONS
128.24
FITTINGS, BITS 00005501 276370
9300367334
1553.6585
ACCESSORIES
86.67
DRILL BITS 00005634 276371
9300373254
1553.6556
TOOLS
33961/33990/340
1554.6160
214.91
CENT SERV GEN - MIS
354150
1218/2011
12
124810 LIFT BRIDGE BEER COMPANY
12/7/2011 13:02:16
Page - 16
Business Unit
PATHS & HARD SURFACE
ART CENTER REVENUES
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
150.00
276806
5319
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
150.00
276807
5318
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
150.00
276808
5317
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
450.00
354151
121612011
105726 LINDMAN, DAVID
1,379.40
REIMBURSE - SECRET SERVICE ITEMS
276606
113011
1400.6406
GENERAL SUPPLIES
POLICE DEPT. GENERAL
1,379.40
354152
1218/2011
100858 LOGIS
91.96
276470
33961/33990/340
2210.6103
PROFESSIONAL SERVICES
COMMUNICATIONS
12
508.40
276470
33961/33990/340
1554.6160
DATA PROCESSING
CENT SERV GEN - MIS
12
1,152.00
276470
33961/33990/340
1554.6103
PROFESSIONAL SERVICES
CENT SERV GEN - MIS
12
1,444.00
276471
34192
1554.6103
PROFESSIONAL SERVICES
CENT SERV GEN - MIS
528.00
276472
34242
1554.6103
PROFESSIONAL SERVICES
CENT SERV GEN - MIS
3,724.36
354153
1218/2011
125208 LOVEJOY, NICHOLAS
98.40
MILEAGE REIMBURSEMENT
276717
120511
1554.6107
MILEAGE OR ALLOWANCE
CENT SERV GEN - MIS
98.40
354154
1218/2011
101792 LUBE -TECH
947.65
LUBRICANT 00005678
276607
1984650
1553.6584
LUBRICANTS
EQUIPMENT OPERATION GEN
CITY OF EDINA
12/7/2011 13:02:16
R55CKREG LOG20000
Council Check Register
Page - 17
12/812011
— 1218/2011
Check
#
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
$ubledger Account Description, ^
Business Unit
947.65
354155
12/812011
112577 - M. AMUNDSON LLP
833.52
276809
121309
5822.5515
COST OF GOODS SOLD MIX
50TH ST SELLING
-
1,138.75.
276810
121510
5862.5515
COST. OF GOODS SOLD MIX
VERNON SELLING
1,972.27
i
364166
12/812011
103887 MAAPT
300.00
MAAPT ASPHALT CONFERENCE
276742
PO 1262
1260.6104
CONFERENCES ;& SCHOOLS
ENGINEERING GENERAL
300.00
354157
121812011
120502 MANAGEMENT INFORMATION SOLUTIO-
122.80
COMPUTER FANS
276606
1672
5861.6215
EQUIPMENT MAINTENANCE
VERNON OCCUPANCY
4,269.66
SECURITY CAMERA SYSTEM
00002016 276609
1670
5630.6406
GENERAL SUPPLIES
CENTENNIAL LAKES
4,392.48
354168
121812011
100875 MCCAREN DESIGNS INC.
931.85-
PLANTS
00002250 276664
53239
5620.6620
TREES, FLOWERS, SHRUBS
EDINBOROUGH PARK
931.95
354159
121812011
129765 .- MCKINSTRY,ESSENTION INC.
121,156.35
PROGRESS BILLING #1
276718
45042
4403.6710
EQUIPMENT REPLACEMENT
ENERGY EFFICIENCY UPGRADES
_
74,479.64
PROGRESS BILLING #2
276719
45142,
4403.6710
EQUIPMENT REPLACEMENT.
ENERGY EFFICIENCY UPGRADES
195,635.99
354160.
121812011
101790 MCMAHON, DANIEL
38.86
MILEAGE REIMBURSEMENT
276473
113011
1322.6405
GENERAL SUPPLIES
STREET, LIGHTING ORNAMENTAL
.-
38.86
354161
I
121812011
105803: MEDICINE LAKE TOURS
3,012.00,
HALLELUJAH CHRISTMAS TRIP
276474
112511
1628.6103.07
TRIPS PROF SERVICES
SENIOR CITIZENS
3,012.00
354
r
162
7218/2011
:;
101483 MENARDS
73.66
BUILDING MATERIALS
00001166 276372
: 74448
1646.6406
GENERAL SUPPLIES-
BUILDING MAINTENANCE
24.03
LUMBER,.SCREWS
00001165 276373,
74429
1646.6577
LUMBER
BUILDING MAINTENANCE
24.11
FILTERS
00001265.276475
79235
1552.6406
GENERAL SUPPLIES
CENT SVC PW BUILDING
65.91
BUILDING MATERIALS
00001180 276518
77643
1646.6406
GENERAL SUPPLIES
BUILDING MAINTENANCE
97.64
HAND TOOLS
00001260 276519
78975
1646.6556
TOOLS
BUILDING MAINTENANCE
285.29
354163
I
121812011
-
101987 MENARDS
R55CKREG LOG20000
CITY OF EDINA
12/7/2011 13:02:16
Council Check Register
Page - 18
12/8/2011
- 1218/2011
Check #
Date
Amount
Supplier / Explanation PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
64.08
WHEELS 00002017 276665
48983
5630.6406
GENERAL SUPPLIES
CENTENNIAL LAKES
45.79
BATTERIES 00002268 276666
49365
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
132.32
LIGHTS 00002255 276667
46466
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
242.19
354164
1218/2011
104650 MICRO CENTER
85.46
CABLE KITS 00003125 276374
3595509
1400.6160
DATA PROCESSING
POLICE DEPT. GENERAL
85.46
354165
1218/2011
102582 MINN DEPT OF LABOR & INDUSTRY
40.00
BOILER LICENSE 276721
ABR00365661
5310.6105
DUES & SUBSCRIPTIONS
POOL ADMINISTRATION
40.00
364166
121812011
100913 MINNEAPOLIS & SUBURBAN SEWER &
1,837.50
REPLACE WATER LINE 00001145 276375
33978
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
1,715.00
MOVE STOPBOX 00001147 276376
33983
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
3,552.50
354167
12/812011
103216 MINNEAPOLIS FINANCE DEPARTMENT
15,959.30
WATER PURCHASE 276720
431 - 0005.300 -12
5913.6601
WATER PURCHASED
DISTRIBUTION
/11
15,959.30
354168
12/812011
101638 MINNESOTA DEPARTMENT OF HEALTH
22,077.00
CONNECTION FEE 276476
112311
5915.6136
PROFESSIONAL SVC - OTHER
WATER TREATMENT
22,077.00
364169
121812011
101376 MINNESOTA PIPE & EQUIPMENT
75.06
CABLE SPOOL 00001148 276477
0277505
5913.6406
GENERAL SUPPLIES
DISTRIBUTION
75.06
354170
1218/2011
100908 MINNESOTA WANNER CO.
15.65
THREADED ROD, NUTS 00001176 276377
0091611 -IN
1643.6530
REPAIR PARTS
GENERAL TURF CARE
195.89
WATER TANKER REPAIRS 00001263 276520
0091627 -IN
1648.6180
CONTRACTED REPAIRS
SKATING RINK MAINTENANCE
102.54
WIRE, COUPLINGS, FITTINGS 00005576 276610
0091624 -IN
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
75.51
VALVE, CAMLOCK 00005645 276611
0091669 -IN
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
389.59
354171'
121812011
102812 MN DEPARTMENT OF LABOR & INDUS
40.00
PERMIT TO REINSTALL ELEC SERV 276743
REI
5311.6530
REPAIR PARTS
POOL OPERATION
40.00
R55CKREG LOG20000
CITY OF EDINA
12!7/2011 13:02:16
Council Check Register
Page - 19
12/8/2011
— 1218/2011
Check #
Date .
Amount
Supplier / Explanation PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
354172
12/812011
124467 MN MAINTENANCE EQUIPMENT INC.
56.77
IGNITION FOR MOWER 00002362 276668
25951
5630.6530
REPAIR PARTS
CENTENNIAL LAKES
374.06
ENGINE 00002358 276669
25846
5630.6530
REPAIR PARTS
CENTENNIAL LAKES
430.83
354173
12/812011
127679 MONEY MAILER OF MINNEAPOLIS WE
700.00
MAILER AD 276670
5475
5210.6122
ADVERTISING OTHER
GOLF DOME PROGRAM
700.00
354174
121812011
106662 NET LITIN DISTRIBUTORS
2,465.02
PLASTICWARE FOR RESALE 276671
147606
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
788.88
TABLECOVERS,.NAPKINS 276672
147605
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
3,253.90
364176
121812011
112886 NEVINS, GREGORY AND KIM
4,000.00
WATER BREAK SETTLEMENT 276722
112911
05512.1705.30
CONTRACTOR PAYMENTS
CARSONS HILL RECON
4,000.00
354176
121812011
100922 NEWMAN TRAFFIC SIGNS
283.87 '
CONE SHEETING 00001230 276478
TI- 0242167
1325.6406
GENERAL SUPPLIES
STREET NAME SIGNS
283.87
364177
121812011
103632 NEXT DAY GOURMETISUPERIOR PROD
939.73
TABLES, CHAIRS 276673
8465970
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
62.22
TABLE BASES 276674
8465819
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
1,001.95
354178
1218/2011
101620 NORTH SECOND STREET STEEL SUPP
893.26
GALVANIZED PIPE 00001252 276479
218945
1325.6531
SIGNS & POSTS
STREET NAME SIGNS
893.26
364179
1218/2011
102199 NORTHERN SAFETY CO. INC.
277.80
AMBULANCE SUPPLIES 00003678 276612
P316770901019
1470.6510
FIRST AID SUPPLIES
FIRE DEPT. GENERAL
30.98
ANTI -SLIP TAPE 00003667 276613
1071928001017
1470.6406
GENERAL SUPPLIES
FIRE DEPT. GENERAL
308:78
354180
12/8/2011
104232 NORTHERN SAFETY TECHNOLOGY INC
1,120.23
COMPUTER MOUNT 00003621 276614
29052
1470.6406
GENERAL SUPPLIES
FIRE DEPT. GENERAL
1,120.23
354181
12/8/2011
100933 NORTHWEST GRAPHIC SUPPLY CO.
51.88
ART SUPPLIES 00009104 276521
41481900
5120.5510
COST OF GOODS SOLD
ART SUPPLY GIFT GALLERY SHOP
R55CKREG LOG20000
CITY OF EDINA
12I7I2011 13:02:16
Council Check Register
Page - 20
12/8/2011
- 1218/2011
Check #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
51.88
354182
121812011
100936 OLSEN COMPANIES
110.54
FORESTRY SUPPLIES
00001266 276378
664107
1644.6406
GENERAL SUPPLIES
TREES & MAINTENANCE
110.54
354183
1218/2011
102265 OLSON, TIM
20.00
TRAINING EXPENSES
276723
113011
1400.6107
MILEAGE OR ALLOWANCE
POLICE DEPT. GENERAL
88.25
TRAINING EXPENSES
276723
113011
140D.6104
CONFERENCES & SCHOOLS
POLICE DEPT. GENERAL
108.25
364184
121812011
129694 OLVALDE FARM AND BREWING COMPA
84.00
276811
250
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
84.00
354185
121812011
106083 ON SITE SANITATION INC.
106.88
TOILET SERVICE
276675
A-442071
5422.6182
RUBBISH REMOVAL
MAINT OF COURSE & GROUNDS
106.88
354186
121812011
101470 ORVIS, JOAN
18,098.46
% WINTER CLASSES
276379
WINTER2011
5510.6103
PROFESSIONAL SERVICES
ARENA ADMINISTRATION
18,098.46
354187
17/812011
101484 OSWALD HOSE & ADAPTERS
55.04
FLOODING HOSE REPAIRS
00001188 276522
11052
1648.6180
CONTRACTED REPAIRS
SKATING RINK MAINTENANCE
55.04
354188
121812011
121026 PALDA & SONS INC.
600.00
DAMAGE DEPOSIT REFUND
276724
HYDRANT RENTAL 5901.4626
SALE OF WATER
UTILITY REVENUES
600.00
354189
1218/2011
100347 PAUSTIS & SONS
260.75
276540
8328651 -IN
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
964.50
276541
8329045 -IN
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
1,389.25
276542
8329032 -IN
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
722.00
276812
8329042 -IN
5822.5513
COST OF GOODS SOLD WINE
SOTH ST SELLING
1,631.26
276813
8329039 -IN
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
4,967.76
354190
12M12011
125492 PAYPAL INC.
39.95
MONTHLY FEE
276676
14272504
5910.6155
BANK SERVICES CHARGES
GENERAL (BILLING)
39.95
CITY OF EDINA
1217/201113:02:16
R55CKREG LOG20000
-
Council Check Register
Page- 21
1218/2011
- 12/8/2011
_ Check
# Data:-
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
3
191 17!812011
100945 PEOSI-COLA COMPANY
j
110.69
276677
70991842
5620.5510
COST OF GOODS SOLD..
EDINBOROUGH PARK
60.84
276678
70991864
5421.5510
COST OF GOODS SOLD
GRILL
49.85
' 354192
121812011
100743 PHILLIPS WINE & SPIRITS
117.12
276543
2159246
5822.5513
COST OF GOODS SOLD WINE'
50TH ST SELLING
57.12-
276544
3471769
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING -
980.07
276814
2162186
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
1,206.25
276815
2162187
5862.5513
COST OF GOODSSOLD WINE
VERNON SELLING
1,784.36
276816
2162185
5862.5513
COST OF GOODS SOLD WINE
r VERNON SELLING
1.12
276817
2162184
'5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
239.36
276818
2162178
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
169.19
276819
2162177
5822.5512
COST OF GOODS SOLD'LIQUOR•
50TH.ST SELLING
1,149.42
276820
2162181
5642:5512
COST OF GOODS SOLD,LI000R
YORK SELLING
_
43:07
276821
2162183
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
781.59
276822
2162182
5842:5513
COST OF GOODS SOLD WINE
YORK SELLING
57.12
276823
2162180
5842.5515
COST OF GOODS SOLD'MIX -
YORK SELLING
1,267.71
276824'
2162179
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
2,164.67
276825
2162176
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
91.12-
276826
3471681
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
9,812.81
354193
121812011
101110 POLLY NORMAN PHOTOGRAPHY
200.00
STAFF PORTRAITS
276725
120111
2210.6408
PHOTOGRAPHIC SUPPLIES
COMMUNICATIONS
200.00
364194
121812011
119620 POMP'S TIRE SERVICE INC.
203.06
TIRES
00005537 276380
884488
1553.6583
TIRES & TUBES
EQUIPMENT OPERATION GEN
-
664.44
TIRES'
00005537 276615.
889590
1553.6583
TIRES & TUBES
EQUIPMENT OPERATION GEN
456.97
TIRES
00005537 276679
891660
1553.6583
TIRES & TUBES
EQUIPMENT OPERATION GEN
252.38
TIRES
00005644 276680
691692
1553.6583
TIRES & TUBES
EQUIPMENT OPERATION GEN
1,576.85
-
364195
121812011
100961,. POSTMASTER - USPS' "
2, 600.00
UTILITY BILLING PERMIT #939
276726
120111
5910.6235
POSTAGE
GENERAL (BILLING)
2,600.00'
3
196 121812011
105802 PRINT CRAFT INC.
267.19
EFD PULSE PRINTING
276616
58101
1470.6406
GENERAL SUPPLIES,
FIRE DEPT. GENERAL
267.19
R55CKREG LOG20000
50TH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
CITY OF
EDINA
COST OF GOODS SOLD WINE
YORK SELLING
COST. OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD LIQUOR
Council Check Register
COST OF GOODS SOLD LIQUOR
YORK SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD LIQUOR
1218/2011
- 12/8/2011
Check #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
364197
121812011
COST OF GOODS SOLD WINE
100966 PRINTERS SERVICE INC
COST OF GOODS SOLD WINE
50TH ST SELLING
108.00
ZAMBONI BLADE SHARPENING
00008094 276727
256770
5521.6215
108.00
354198
121812011
105690 PRO -TEC DESIGN INC.
258.48
DOOR REPAIR
276617
58706
1554.6103
258.48
354199
12/812011
-
100186 PROULX, ADAM
99.96
UNIFORM PURCHASE
276681
120211
5620.6201
99.96
364200
128/2011
100971 QUALITY WINE
449.60
276545
541599 -00
5822.5513
749.27
276546
5416DB -00
5842.5513
1,779.62
276547
541540 -00
5822.5513
937.70
276548
541537 -00
5842.5513
18.60
276549
541538 -CO
5842.5513
607.80
276550
541331 -00
5842.5512
2,025.68
276551
541349 -00
5842.5512
9.33-
276552
527409 -00
5862.5512
1,426.97
276827
541332 -00
5862.5512
281.48
276828
541333-00
5822.5512
1,216.90
276829
541598 -00
5862.5513
3,004.02
276830
541539 -00
5862.5513
156.00
276831
543031 -00
5842.5513
180.00
276832
543012 -00
5842.5513
67.69
276833
542242 -00
5842.5513
129.60-
276834
540007 -00
5822.5513
12/7/2011 13 :02:16
Page - 22
Subledger Account Description Business Unit
EQUIPMENT MAINTENANCE ARENA ICE MAINT
PROFESSIONAL SERVICES CENT SERV GEN - MIS
LAUNDRY
EDINBOROUGH PARK
COST OF GOODS SOLD WINE
50TH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
50TH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST. OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD LIQUOR
YORK SELLING
COST OF GOODS SOLD LIQUOR
YORK SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
50TH ST SELLING
354201 121812011 100466 R & R PRODUCTS INC.
2,026.60 BEARINGS, SEALS 00006111 276381 CD1506900 5422.6530 REPAIR PARTS
2,026.60
354202 12812011 104450 RAPID GRAPHICS & MAILING INC.
426.43 MAIL WATER BILLS 276382 6608 5910.6103 PROFESSIONAL SERVICES
426.43
354203 121812011 125936 RENDERS INC.
865.32 ICE MELT 00001186 276523 3012600-00 1647.6406 GENERAL SUPPLIES
MAINT OF COURSE & GROUNDS
GENERAL (BILLING)
PATHS & HARD SURFACE
CITY OF EDINA
1217/2011 13:02:16
R55CKREG LOG20000
Council Check Register
Page - 23
12/8/2011
- 12/8/2011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
865.32
364204
12/8/2011
100977 RICHFIELD PLUMBING COMPANY
293.56
REPAIR WATER LEAK
276618
58433
147D.6180
CONTRACTED REPAIRS
FIRE DEPT. GENERAL
136.00
CLEAR FLOOR DRAIN
00006407 276682
58457
5421.6180
CONTRACTED REPAIRS
GRILL
429.56
364205
121812011
100982 ROTO- ROOTER
230.00
UNCLOG DRAIN
00008088 276728
04816473566
5511.6180
CONTRACTED REPAIRS
ARENA BLDG/GROUNDS
230.00
354206
121812011
124809 RPU INC.
2,470.00
SUPPLY /INSTALL HDPE DUCT
276744
1265
5300.1715
LAND IMPROVEMENTS
AQUATIC CENTER BALANCE SHEET
2,470.00
354207
12/812011
100988 SAFETY KLEEN
167.66
BRAKE CLEANER
00005640 276383
56002501
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
167.66
354208
121812011
129379 SAUNDERS. BARBARA
11.38
ART WORK SOLD
276506
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
11.38
364209
12/8/2011
127049 SCHNEIDER, KATHERINE
240.00
FITNESS TRAINING
276619
112811
1470.6104
CONFERENCES & SCHOOLS
FIRE DEPT. GENERAL
240.00
364210
121812011
101380 SHAUGHNESSY, SANDRA
98.17
SUPPLIES REIMBURSEMENT
276507
112911
5120.6406
GENERAL SUPPLIES
ART SUPPLY GIFT GALLERY SHOP
98.17
354211
121812011
120997 SHIRTYSOMETHING
364.30
UNIFORMS
00003674 276620
21258
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
364.30
354212
121812011
105664 SIMPLEX GRINNELL LP
199.00
ALARM SERVICE
276621
67191919
5861.6215
EQUIPMENT MAINTENANCE
VERNON OCCUPANCY
193.10
ALARM REPAIRS
276683
67214600
5620.6180
CONTRACTED REPAIRS
EDINBOROUGH PARK
392.10
354213
121812011
101000 SIR SPEEDY
49.70
BUSINESS CARDS
276480
70760
1550.6406
GENERAL SUPPLIES
CENTRAL SERVICES GENERAL
R55CKREG LOG20000
BOTH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
CITY OF
EDINA
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD WINE
Council Check Register
COST OF GOODS SOLD WINE
BOTH ST SELLING
COST OF GOODS SOLD WINE
BOTH ST SELLING
COST OF GOODS SOLD LIQUOR
12/8/2011
- 1218/2011
Check #
Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
COST OF GOODS SOLD WINE
VERNON SELLING
47.56
BUSINESS CARDS
276684
70877
1550.6406
YORK SELLING
COST OF GOODS SOLD LIQUOR
97.26
354214
12/8/2011
125980 SIR SPEEDY
395.07
CHECK REQUEST FORMS
276730
60799
1160.6575
395.07
364215
1218/2011
119745 SKYHAWKE TECHNOLOGIES LLC
607.78
SKY CADDIES
276685
0002026142 -IN
5440.5511
607.78
354216
121812011
100629 SMITH, AMY
127.65
MILEAGE REIMBURSEMENT
276729
120211
5410.6107
127.65
354217
12/8/2011
127878 SOUTHERN WINE AND SPIRITS
869.50
276414
1649510
5822.5513
779.50
276415
1662180
5842.5513
368.00
276416
1662140
5842.5513
404.00
276417
1649512
5842.5513
198.96
276418
1632476
5862.5512
64.00-
276419
1632162
5842.5513
394.50
276553
1649521
5822.5513
565.00
276554
1662195
5822.5513
2,738.95
276835
1636418
5862.5512
507.58
276836
1636400
5822.5512
3,935.50
276837
1638386
5842.5513
890.00
276838
1662198
5842.5513
193.50
276839
1638388
5842.5513
757.00
276840
1662196
5862.5513
2,075.00
276841
1649522
5862.5513
73.00
276842
1649511
5862.5513
2,352.11
276843
1639780
5842.5512
9.00-
276844
1632190
5862.5512
17,029.10
354218
12/8/2011
122455 SPRING LAKE ENGINEERING
200.00
SCADA PROGRAMMING 00005430
276384
1172
05508.1705
898.91
00005430
276385
1173
05508.1705
1,098.91
354219
1218/2011
101004 SPS COMPANIES
Subledger Account Description
GENERAL SUPPLIES
PRINTING
12/7/2011 13:02:16
Page - 24
Business Unit
CENTRAL SERVICES GENERAL
FINANCE
COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
MILEAGE OR ALLOWANCE GOLF ADMINISTRATION
COST OF GOODS SOLD WINE
BOTH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
BOTH ST SELLING
COST OF GOODS SOLD WINE
BOTH ST SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD LIQUOR
YORK SELLING
COST OF GOODS SOLD LIQUOR
VERNON SELLING
CONSTR. IN PROGRESS WM -508 SCADA SYSTEM
CONSTR. IN PROGRESS WM -508 SCADA SYSTEM
Subledger, Account Description
GENERAL SUPPLIES
GENERAL SUPPLIES
COST OF GOODS SOLD
GENERAL SUPPLIES
GENERAL SUPPLIES
ACCESSORIES
ACCESSORIES
DEPT UNIFORMS
CONFERENCES'& SCHOOLS
ACCESSORIES
ADVERTISING LEGAL
ADVERTISING LEGAL
ADVERTISING LEGAL
REPAIR PARTS
REPAIR PARTS
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
1217/2011 13:02:16
Page - , 25
Business Unit
BUILDING MAINTENANCE ..
DISTRIBUTION
EDINBOROUGH PARK
BUILDING MAINTENANCE
DISTRIBUTION
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
FIRE DEPT. GENERAL
POLICE DEPT. GENERAL
EQUIPMENT OPERATION GEN
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CENT SVC PW BUILDING
CENT SVC PW BUILDING
50TH ST SELLING
VERNON SELLING
CITY OF EDINA
LOG20000
R550KREG
Council Check Register
J
12/8/2011
- 12/8/2011
Check
# Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
145.37
BUILDING MATERIALS
00001153 276386
S2454783.001
1646.6406
120.81
PIPE
00001143 276622
52465741.001
5913.6406
266.18
354220
121812011
129745 ST LOUIS PARK DO GRILL AND CHI
40.98
CAKES
276686
574
5620.5510
40.98
354221
1218/2011
100650: STANLEY SECURITY SOLUTIONS INC
247.20
LOCK PARTS. _
00001056 276387
CH- 567768
1646.6406
247.20
364222
12/8/2011
112668 STONEBROOKE EQUIPMENT INC.
3,948.98
SNOW PLOW_
00001150 276623
20735
5913.6406
85.54
VELCRO STRAPS, BASES
00005668 276624
20815
1553.6585
822.94
CUTTING EDGES
00005591 276625
20830
1553.6585
4,857.46
354223
12/8/2011
101015 STREICHERS
i
196.98
UNIFORM BOOTS
00003683 276626
1880940
1470.6558
831.48
AMMO FOR TRAINING
00003128 276627
1882484
1400.6104
1,028.46
354224
121812011
101017 SUBURBAN CHEVROLET
264.44
ARM
00005676 276388
358613
1553.6585
264.44
364225
12/812011
100900 SUN NEWSPAPERS
274.56
PUBLISH ORD 2011 -16
276389
1349697
1120.6120
105.82
PUBLISH ORD 2011 -15
276390
1349695
1120.6120
42.90
PUBLISH NOTICE
276391
1349696
1120.6120
423.28
384226
12/812011
126211 SUPERIOR CRANE CORP.
980.00
ANNUAL OSHA INSPECTION
00005651 276628
104378
1552 6530
1,997.50
REPAIR SCISSOR LIFT
00005650 276629
104379
1552.6530
2,977.50
364227 12/8/2011
120998 SURLY BREWING CO.
748.00
276420
JM7698
5822.5514
574.00
276555
V000952
5862.5514
1,322.00
Subledger, Account Description
GENERAL SUPPLIES
GENERAL SUPPLIES
COST OF GOODS SOLD
GENERAL SUPPLIES
GENERAL SUPPLIES
ACCESSORIES
ACCESSORIES
DEPT UNIFORMS
CONFERENCES'& SCHOOLS
ACCESSORIES
ADVERTISING LEGAL
ADVERTISING LEGAL
ADVERTISING LEGAL
REPAIR PARTS
REPAIR PARTS
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
1217/2011 13:02:16
Page - , 25
Business Unit
BUILDING MAINTENANCE ..
DISTRIBUTION
EDINBOROUGH PARK
BUILDING MAINTENANCE
DISTRIBUTION
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
FIRE DEPT. GENERAL
POLICE DEPT. GENERAL
EQUIPMENT OPERATION GEN
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CENT SVC PW BUILDING
CENT SVC PW BUILDING
50TH ST SELLING
VERNON SELLING
R55CKREG LOG20000 CITY OF EDINA
Council Check Register
1218/2011 — 12/8/2011
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description
354228 1218/2011 101027 TARGET BANK
105.93 X- XXX -XX9 -840 SUPPLIES 276687 111811 5410.6406 GENERAL SUPPLIES
121712011 13:02:16
Page - 26
Business Unit
GOLF ADMINISTRATION
5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
1140.6107
MILEAGE OR ALLOWANCE
105.93
1647.6103
PROFESSIONAL SERVICES
PATHS & HARD SURFACE
354229
1218/2011
VERNON SELLING
104932 TAYLOR MADE
COST OF GOODS SOLD BEER
GRILL
101.92
MERCHANDISE
276731
17081061
100.00-
CREDIT
276732
17702828
1.92
354230
121812011
120602 TEAGUE, CARY
106.01
MILEAGE REIMBURSEMENT
276481
113011
106.01
354231
12M12011
113549 TENNIS WEST
2,470.00
SUPPLY /INSTALL FENCE GATES 00001278
276524
11 -007739
2,470.00
354232
12/812011
101035 THORPE DISTRIBUTING COMPANY
2,884.80
276556
665963
233.00-
276688
00771667
2,651.80
364233
121812011
101826 THYSSENKRUPP ELEVATOR CORP.
583.55
ELEVATOR MAINTENANCE
276630
105169
583.55
354234
1218/2011
104347 TIERNEY BROTHERS INC.
799.00
SMARTBOARD TRAINING 00004345
276482
617715 -1
799.00
354235
12/8/2011
127318 TIGER ATHLETICS INC.
300.00
FITNESS TRAINING
276631
INV423
300.00
354236
1218/2011
103277 TITAN MACHINERY
57.76
BEARING, SPROCKET 00005664
276632
UC01942
57.76
354237
12/812011
101038 TOLL GAS & WELDING SUPPLY
135.27
WELDING RODS 00005563
276392
372276
224.18
WELDING GAS 00005669
276633
373587
121712011 13:02:16
Page - 26
Business Unit
GOLF ADMINISTRATION
5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
1140.6107
MILEAGE OR ALLOWANCE
PLANNING
1647.6103
PROFESSIONAL SERVICES
PATHS & HARD SURFACE
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
5421.5514
COST OF GOODS SOLD BEER
GRILL
1470.6215
1554.6104
1470.6104
1553.6585
1553.6580
1553.6580
EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL
CONFERENCES & SCHOOLS CENT SERV GEN - MIS
CONFERENCES & SCHOOLS FIRE DEPT. GENERAL
ACCESSORIES
WELDING SUPPLIES
WELDING SUPPLIES
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
R55CKREG LOG20000
CITY OF EDINA
Council Check Register
12/8/2011
— 12/8/2011
Check #
Date
Amount
Supplier / Explanation PO #
Doc No
Inv No
Account No
359.45
364238
12/8/2011
129724 TOTAL ENERGY CONCEPTS INC.
9,997.34
ENERGY SYSTEM INSTALLATION 00008080 276872
PMT #2
5510.6136
9,997.34
364239
12/812011
101693 TOTAL REGISTER SYSTEMS
240.82
SOFTWARE UPGRADE
276634
27195
5861.6406
240.83
SOFTWARE UPGRADE
276634
27195
5821.6406
240.83
SOFTWARE UPGRADE
276634
27195
5841.6406
722.48
364240
12/812011
104064 TRANS UNION LLC
98.90
BACKGROUND CHECKS
276483
10121171
1400.6103
98.90
354241
121812011
123969 TWIN CITIES OCCUPATIONAL HEALT
548.50
PRE - EMPLOYMENT PHYSICALS
276635
101855740
1550.6121
548.50
364242
121812011
103048 U.S. BANK
425.00
PAYING AGENT FEE
276689
3003055
3301.6103
425.00
354243
121812011
103048 U.S. BANK
425.00
PAYING AGENT FEE
276690
3003053
3101.6103
425.00
354244
12/8/2011
103298 UPS STORE #1716, THE
61.36
SHIPPING CHARGE
276636
TRAN:8203
1400.640E
61.36
354245
1218/2011
100050 USPS - HASLER
8,000.00
ACCT #75983
276484
113011
1550.623E
8,000.00
364246
121812011
103590 VALLEY -RICH CO. INC.
5,099.99
EMERGENCY WATERMAIN REPAIR 00001146 276393
17273
5913.618[
5,099.99
354247
121812011
101058 VAN PAPER CO.
244.12
CAN LINERS 00001170 276394
218211 -00
1645.640E
12!7/2011 13:02:16
Page - 27
Subledger Account Description Business Unit
PROFESSIONAL SVC - OTHER ARENA ADMINISTRATION
GENERAL SUPPLIES VERNON OCCUPANCY
GENERAL SUPPLIES 50TH ST OCCUPANCY
GENERAL SUPPLIES YORK OCCUPANCY
PROFESSIONAL SERVICES POLICE DEPT. GENERAL
ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL
PROFESSIONAL SERVICES PIR DS REVENUES
PROFESSIONAL SERVICES GENERAL DEBT SERVICE REVENUES
GENERAL SUPPLIES POLICE DEPT. GENERAL
POSTAGE CENTRAL SERVICES GENERAL
CONTRACTED REPAIRS DISTRIBUTION
GENERAL SUPPLIES LITTER REMOVAL
R65CKREG LOG20000
CITY OF EDINA
12/7/2011 13:02:16
Council Check Register
Page - 28
12/8/2011
- 12/8/2011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
81.37-
CREDIT
00001170 276525
218700CM
1645.6406
GENERAL SUPPLIES
LITTER REMOVAL
162.75
354248
121812011
101066 VIKING ELECTRIC SUPPLY
167.20
ELECTRICAL PARTS
00001250 276395
5928328
1646.6530
REPAIR PARTS
BUILDING MAINTENANCE
195.75
ELECTRICAL SUPPLIES
00001261 276691
5942656
5521.6406
GENERAL SUPPLIES
ARENA ICE MAINT
218.34
ELECTRICAL SUPPLIES
00001261 276691
5942656
1552.6406
GENERAL SUPPLIES
CENT SVC PW BUILDING
291.23
ELECTRICAL SUPPLIES
00001261 276691
5942656
1322.6406
GENERAL SUPPLIES
STREET LIGHTING ORNAMENTAL
872.52
354249
12/8/2011
101067 VIKING INDUSTRIAL CENTER
656.14
ESKIMO MITTS - GLOVES
00001189 276526
285432
1648.6406
GENERAL SUPPLIES
SKATING RINK MAINTENANCE
656.14
354260
12/812011
129751 VONBARGEN, LEROY
10.96
AMBULANCE OVERPAYMENT
276733
120111
1470.4329
AMBULANCE FEES
FIRE DEPT. GENERAL
10.96
354261
121812011
101069 VOSS LIGHTING
408.53
BALLAST REPLACEMENT
00001099 276396
15190814 -02
1322.6530
REPAIR PARTS
STREET LIGHTING ORNAMENTAL
408.53
354252
1218/2011
129741 WENTZEL, KAYE
41.00
1968 TRIP REFUND
276485
112811
1628.4392.07
SENIOR TRIPS
SENIOR CITIZENS
41.00
354253
121812011
101078 WESTSIDE EQUIPMENT
203.00
PUMP REPAIRS
00005639 276397
0043746 -IN
1553.6180
CONTRACTED REPAIRS
EQUIPMENT OPERATION GEN
203.00
354254
12/812011
127768 WIGLEY AND ASSOCIATES
3,275.00
NOV SERVICES
276692
0000001
112D.6103
PROFESSIONAL SERVICES
ADMINISTRATION
3,275.00
354255
121812011
129756 WINDSTAR PROMOTIONS
539.93
CITY OF EDINA TABLECLOTHS
276734
2779
2210.6406
GENERAL SUPPLIES
COMMUNICATIONS
539.93
354256
1218/2011
101033 WINE COMPANY, THE
500.25
276421
285670-00
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
6,728.70
276557
286201 -00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
581.80
276845
286313-00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
R55CKREG LOG20000
CITY OF EDINA
121712011 13:02:16
Council Check Register
Page - 29
12/8/2011
- 12/8/2011
Check #
Date Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
4,103.63
276846
286076 -00
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
3,857.75
276847
286061 -00
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
15,772.13
354257
12/8/2011
101312 WINE MERCHANTS
701.02
276422
386885
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
166.52
276423
386882
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
315.92
276424
386886
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
235.49
276425
386880
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
2,902.11
276848
387572
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
363.92
276849
387570
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
735.02
276850
387569
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
363.92
276851
387571
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
4,781.66
276852
387573
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
10,565.58
354258
1218/2011
117482 WINECONNECT INC.
159.24
WEB - DEC 2011
276745
911
5842.6406
GENERAL SUPPLIES
YORK SELLING
159.24
354259
121812011
124291 WIRTZ BEVERAGE MINNESOTA
812.88
276426
665343
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
674.28
276427
665865
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
171.83
276558
667273
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
69.06
276559
667265
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
1,003.57
276560
667270
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
49.10
276561
667271
5822.5515
COST OF GOODS SOLD MIX
50TH ST SELLING
163.25
276562
667276
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
6,908.85
276563
667275
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
73.10
276853
667268
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
1,050.51
276854
667269
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
15,119.04
276855
667274
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
7,973.21
276856
667272
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
10,351.44
276857
667266
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
2,512.22
276858
666063
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
1,808.28
276859
667264
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
9,005.10
276860
667267
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
134.40-
276861
847960
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
60.66-
276862
847784
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
57,550.66
354260
12/8/2011
124529 WIRTZ BEVERAGE MINNESOTA BEER
R55CKREG LOG20000 CITY OF EDINA 1217/2011 13:02:16
Council Check Register Page - 3C
1218/2011 - 12/8/2011
Check # Date Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
2,663.40
276428
827872
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
1,670.55
276429
829661
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
45.00
276430
829662
5822.5515
COST OF GOODS SOLD MIX
BOTH ST SELLING
43.00
276564
830637
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
64.50
276565
829814
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
3,033.55
276566
829813
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
.03
276863
832582
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
2,239.65
276864
832583
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
949.40
276865
832341
5822.5514
COST OF GOODS SOLD BEER
BOTH ST SELLING
.03
276866
832340
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
2,492.00
276867
830636
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
2,325.49
276868
832562
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
36.80-
-
276869
RPA 86233
5822.5514
COST OF GOODS SOLD BEER
BOTH ST SELLING
15,489.80
354261 121812011
105740 WSB & ASSOCIATES INC.
1,407.00
TRAFFIC STUDY
276398
1- 01686 -240
1140.6103
PROFESSIONAL SERVICES
PLANNING
1,206.00
TRAFFIC STUDY
276399
2 -01686 -230
1140.6103
PROFESSIONAL SERVICES
PLANNING
2,613.00
354263 121812011
101726 XCEL ENERGY
64.01
51- 8976004 -9
276433
304881903
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
1,740.79
51- 6223269 -1
276434
304840888
5210.6185
LIGHT & POWER
GOLF DOME PROGRAM
59.82
51- 4420190 -3
276435
304811904
1551.6185
LIGHT & POWER
CITY HALL GENERAL
201.58
51- 9337452 -8
276436
304889515
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
1,127.43
51- 5107681 -4
276437
304820515
5111.6185
LIGHT & POWER
ART CENTER BLDG/MAINT
64.15
51- 6692497-0
276438
305202655
1460.6185
LIGHT & POWER
CIVILIAN DEFENSE
1,203.94
51- 5547446 -1
276439
305228556
1628.6185
LIGHT & POWER
SENIOR CITIZENS
313.17
51- 9251919-0
276440
304731796
5650.6185
LIGHT & POWER
PROMENADE
417.77
51- 8324712 -5
276441
304722423
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
33.69
51- 6892224 -5
276442
304699376
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
9.95
51- 65410842
276443
304690895
1646.6185
LIGHT & POWER
BUILDING MAINTENANCE
47.85
51- 8997917 -7
276444
304730740
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
99.73
51- 8526048-8
276445
304719821
1322.6185
LIGHT & POWER
STREET LIGHTING ORNAMENTAL
599.75
51- 4827232.8
276446
305270937
5311.6185
LIGHT & POWER
POOL OPERATION
37.00
51- 8102668-0
276447
305278040
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
32,542.24
51- 4621797 -2
276448
305277377
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
24.73
51- 0194596 -8
276449
304592779
1330.6185
LIGHT & POWER
TRAFFIC SIGNALS
49.54
51- 9422326 -6
276450
304888454
1322.6185
LIGHT & POWER
STREET LIGHTING ORNAMENTAL
231.28
51- 8987646 -8
276451
304880131
1321.6185
LIGHT & POWER
STREET LIGHTING REGULAR
20.94
51- 0193479.4
276486
304757440
5934.6185
LIGHT & POWER
STORM LIFT STATION MAINT
R55CKREG LOG20000
Check # Date Amount
Supplier / Explanation
20.57
51- 9770163-6
90.52
51- 97701647
7,421.04
51- 9603061-0
9.95
51- 60501842
619.11
51- 9011854 -4
77.83
51- 9608462 -5
120.24
51- 5938955-0
527.81
51- 6046828 -0
157.28
51- 6229265 -9 -
1,420.31
51- 6229265 -9
6,104.39
51- 6955679-8
383.64
51- 56348142
37.97
51 -0223133 -2
30.85
51 -0160483 -1
890.90
51- 5847121 -5
17,612.15
51- 4888627 -1
74,413.92
364264 1216/2011 120099 Z WINES USA LLC
386.50
386.50
773.00
CITY OF EDINA
Council Check Register
12/8!2011 -12/812011
PO # Doc No Inv No
276487 304745631
276488 304750281
276489 304892497
276490 304692482
276491 304885679
276492 304906621
276527 305387520
276528 305386992
276529 305389170
276529 305389170
276530 305399791
276637 305381596
276735 304593074
276736 304591057
276746 305697449
276747 305684352
276870 10708
276871 10709
12/812011 101089 'ZEE MEDICAL SERVICE
137.53 FIRST AID SUPPLIES 00008090 276737 54067941
137.53
803,793.34 Grand Total
Account No
1321.6185
1321.6185
1552.6185
4086.6103
5913.6185
5921.6185
4086.6185
5422.6185
1481.6185
1470.6185
1551.6185
5934.6185
1322.6185
1330.6185
5914.6185
5511.6185
5862.5513
5842.5513
5510.6610
Subledgen Account Description
LIGHT & POWER
LIGHT &'POWER
LIGHT' &.POWER
PROFESSIONAL SERVICES
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
LIGHT & POWER
COST OF GOODS SOLD, WINE
COST OF GOODS SOLD WINE
SAFETY EQUIPMENT '
Payment Instrument Totals
Check Total 803,793.34
Total Payments 803,793.34
12/712011 13:02:16
Page - 31
Business Unit
STREET LIGHTING REGULAR
STREET LIGHTING REGULAR
CENT SVC PW BUILDING
AQUATIC WEEDS
DISTRIBUTION
SANITARY LIFT STATION MAINT
AQUATIC WEEDS
MAINT OF COURSE & GROUNDS
YORK FIRE STATION
FIRE DEPT. GENERAL
CITY HALL GENERAL
.STORM LIFT STATION MAINT
STREET LIGHTING ORNAMENTAL
TRAFFIC SIGNALS
TANKS TOWERS & RESERVOIR
ARENA BLDG/GROUNDS
VERNON SELLING
YORK SELLING
ARENA ADMINISTRATION
R55CKSUM LOG20000
CITY OF EDINA
Coundl Check Summary
1218/2011 - 12/8/2011
Company
- Amount
01000 GENERAL FUND
150,182.87
02200 COMMUNICATIONS FUND
17,756.89
02300 POLICE SPECIAL REVENUE
153.74
03100 GENERAL DEBT SERVICE FUND
425.00
03300 PIR DEBT SERVICE FUND
425.00
04000 WORKING CAPITAL FUND
205,727.60
04200 EQUIPMENT REPLACEMENT FUND
780.00
05100 ART CENTER FUND
3,326.74
05200 GOLF DOME FUND
2,797.82
05300 AQUATIC CENTER FUND
3,149.75
05400 GOLF COURSE FUND
8,519.02
05500 ICE ARENA FUND
48,459.51
05600 EDINBOROUGWCENT LAKES FUND
19,585.04
05800 LIQUOR FUND
267,901.51
05900 UTILITY FUND
66,335.33
05930 STORM SEWER FUND
473.77
07400 PSTF AGENCY FUND
4,698.04
09900 PAYROLL FUND
3,095.71
Report Totals 803,793.34
We confirm to the best of our knowledge
and belief, that these claims
comply in all material respects
With the requirements of the City
Of Edina purchasing polici s a d
Procedures data /��s�/ i r
12/7/2011 13:02:55
Page- 1
CKREG LOG20000
CITY OF EDINA
- 12113/2011 9:57:58
Council Check Register
Page - 1
12/15/2011
—12/15/2011
# Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No,-
Account No
Subledger�AccounfDescription ',
Business Unit
6 1211512011
125198 AARSVOLD, KRISTIN
83.05
MILEAGE REIMBURSEMENT
277211
120611
1600.6107
MILEAGE OR ALLOWANCE
PARK ADMIN. GENERAL
83.05
7 1211512011
124613 ABM JANITORIAL - NORTH CENTRAL
2,695.87
DEC SERVICES
277212
3269687
1551.6103
PROFESSIONAL SERVICES
CITY HALL GENERAL
2,695.87
8 12115/2011
100715 ACCLAIM BENEFITS
—
216.00
OCT COBRA
276873
0021642 -IN
1550.6103
PROFESSIONAL SERVICES
CENTRAL SERVICES GENERAL
216.00
9 1211612011
103173 ACCOUNTEMPS
895.26
UB TEMP
277327
34464578
5910.6103
PROFESSIONAL SERVICES
GENERAL (BILLING)
895.26
0 12116/2011
102971 ACE ICE COMPANY
68.20
277053
0815989
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
44.00
277091
0816015
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
44.00
277328
0816018
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
156.20
'1 12/16/2011
129469 AECOM- TECHNICAL SERVICES INC.
49,818.18
WATER TREATMENT PLANT PROJ #6
277299
37177865
05473.1705.21
CONSULTING INSPECTION
WM-473 NEW TREATMENT PLANT #6
49,818.18
'2 1211512011
129795 ALAMI, MIMI
56.55
ART WORK SOLD
277258
112911
5101.4413
ART WORK SOLD
ART CENTER REVENUES
56.55
'3 1211512011
102715 .ALLEGRA EDINA
196.60
EVENTS BROCHURE
277300
88989
5621.6575
PRINTING
EDINBOROUGH ADMINISTRATION
196.60
'4 12115/2011
100058 ALLIED WASTE SERVICES #894
38,820.60
RECYCLING
277130
2720739
5952.6183
RECYCLING CHARGES
RECYCLING
38,820.60
'6 12/1612011
127365 AMERICAN FLEET SUPPLY
365.35
JACK, HANDLE 00005574
277131
AFS- 213250007
1553.6585
ACCESSORIES
EQUIPMENT OPERATION GEN
365.35
R55CKREG LOG20000
CITY OF EDINA
Council Check Register
12/15/2011
— 12115/2011
Check #
Date
Amount
Supplier I Explanation PO #
Doc No
Inv No
Account No
354276
12/1512011
101479 AMERICAN SERVICES CORP.
91.52
BOILER SERVICE
277011
2596
5821.6215
91.52
354277
1211512011
102109 ANCOM TECHNICAL CENTER
1,536.61
RADIO INSTALLATION
277267
26496
1470.6180
1,536.61
354278
12/1512011
103870 ANDERSON, SHAWN
181.49
MILEAGE REIMBURSEMENT
277301
120911
1301.6406
181.49
354279
12/1612011
129765 ANOKA- RAMSEY COMMUNITY COLLEGE
12,600.00
LEAN TRAINING/SERVICE
277012
00305760
1500.6103
12,600.00
364280
1211612011
101772 APCO INTERNATIONAL INC
92.00
MEMBERSHIP
277326
361580 -2012
1400.6105
92.00
354281
1211512011
102172 APPERTS FOODSERVICE
1,669.08
CONCESSION PRODUCT
277132
1630456
5620.5510
446.62
CONCESSION PRODUCT
277133
1658766
5620.5510
2,115.70
354282
1211512011
103065 AQUA CITY IRRIGATION INC
186.00
IRRIGATION REPAIRS
276874
40250
01367.1705.21
186.00
354283
1211512011
103680 ARAMARK REFRESHMENT SRVCS
347.15
COFFEE
277213
421881
1550.6406
361.77
COFFEE
277214
421701
1550.6406
447.91
COFFEE
277215
997805
1550.6406
1,156.83
354284
12/15/2011
114475 ARMOR SECURITY INC.
96.19
MONITORING SERVICE 00001286
276956
157640
1646.6103
144.28
MONITORING SERVICE 00001286
276957
157639
1646.6103
240.47
364285
12/15/2011
120451 ARMSTRONG TORSETH SKOLD & RYDE
4,041.49
CONSULTING SERVICES
277217
DEC2011
5621.6103
Subledger Account Description
EQUIPMENT MAINTENANCE
CONTRACTED REPAIRS
GENERAL SUPPLIES
12/13/2011 9:57:58
Page- 2
Business Unit
50TH ST OCCUPANCY
FIRE DEPT. GENERAL
GENERAL MAINTENANCE
PROFESSIONAL SERVICES CONTINGENCIES
DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL
COST OF GOODS SOLD EDINBOROUGH PARK
COST OF GOODS SOLD EDINBOROUGH PARK
CONSULTING INSPECTION BA -367 W70TH TRAFFIC IMPLEMENT
GENERAL SUPPLIES CENTRAL SERVICES GENERAL
GENERAL SUPPLIES CENTRAL SERVICES GENERAL
GENERALSUPPLIES CENTRAL SERVICES GENERAL
PROFESSIONAL SERVICES BUILDING MAINTENANCE
PROFESSIONAL SERVICES BUILDING MAINTENANCE
PROFESSIONAL SERVICES EDINBOROUGH ADMINISTRATION
i
I
CITY OF EDINA
R55CKREG LOG20000
Council Check Register
12/15/2011 — 12/15/2011
Check #
Date
Amount
Supplier / Explanation PO #
Doc No
Inv No
Account No
•
4,041.49
354286
12115/2011
129792 ARMSTRONG, KATHLEEN
108.39
UTILITY OVERPAYMENT REFUND
277216
4113 MONTEREY
5900.2015
AVE
108.39
3 54287
1211612011
102774 ASPEN.WASTE SYSTEMS
207.79
27218
1- 146354 -12/11
7411.6182
207.79
354288
1211612011
100256 AT&T MOBILITY
76.95
.IPAD DATA
277302
287240706569X10
2210.6103
1711
76.95
364289
1211512011
129788 AUGUSTINE, RYAN
260.18
UTILITY OVERPAYMENT REFUND
277219
4217 44TH ST W
5900.2015
260.18
354290
1211512011
101195 AUTO ELECTRIC OF BLOOMINGTON
I
32.01
REGULATOR 00005582
277134
150243
1553.6585
32.01
354291
i
1211612011
119206 AZTECA SYSTEMS INC.
11,729.09
SOFTWARE UPGRADE
277013
6843
5913.6103
11,729.09
354292,
1211612011
126019 B & B PRODUCTS / RIGS AND SQUA
1,180.01
SQUAD MAINTENANCE
276958
3633
1400.6215
1,180.01
354293
1211612011
118883 BAN -KOE SYSTEMS INC.
445.19
FIRE ALARM REPAIRS
277303
64542
5511.6180
445.19
354294
1211612011
100607 BAUER, MICHAEL
45.00
SPECIAL BOILER LICENSE EXAM
277220
120611
1240.6105
45.00
354295
1211612011
101355 BELLBOY CORPORATION
I
159.11
277054
86082400
5842.5515
12113/2011 9:57:58
Page - 3
i
Subledger Account Description Buslness Unit
CUSTOMER REFUND UTILITY BALANCE SHEET
RUBBISH REMOVAL PSTF OCCUPANCY
PROFESSIONAL SERVICES COMMUNICATIONS
CUSTOMER REFUND
ACCESSORIES
PROFESSIONAL SERVICES
EQUIPMENT MAINTENANCE
CONTRACTED REPAIRS
DUES & SUBSCRIPTIONS
COST OF GOODS SOLD MIX
UTILITY BALANCE SHEET
EQUIPMENT OPERATION GEN
DISTRIBUTION
POLICE DEPT. GENERAL
ARENA BLDG/GROUNDS
PUBLIC WORKS ADMIN GENERAL
YORK SELLING
R55CKREG LOG20000
CITY OF EDINA
12/13/20119:57:58
Council Check Register
Page - 4
12115/2011
-12115/2011
Check # Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
302.65
277092
71154800
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
36.55
277329
71155100
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
111.10
277330
71263000
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
-
469.53
277331
71265800
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
136.59
277332
86114400
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
78.37
277333
86114300
5842.6406
GENERAL SUPPLIES
YORK SELLING
1,293.90
354296 1211512011
129778 BENOLKIN, TOM
380.00
IRRIGATION REPAIR
277014
123
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
330.00
277015
124
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
710.00
354297 1211512011
100648 BERTELSON OFFICE PRODUCTS
52.32
PLANNER
276875
WO- 734552 -1
1190.6406
GENERAL SUPPLIES
ASSESSING
37.92
OFFICE SUPPLIES
276876
WO- 734434 -1
1190.6406
GENERAL SUPPLIES
ASSESSING
364.60
OFFICE SUPPLIES
00003133 276959
WO- 735042 -1
1400.6513
OFFICE SUPPLIES
POLICE DEPT. GENERAL
141.16
OFFICE SUPPLIES
277135
OE- 271587 -1
5862.6406
GENERAL SUPPLIES
VERNON SELLING
55.55
LABELS
277221
WO- 733036 -1
1550.6406
GENERAL SUPPLIES
CENTRAL SERVICES GENERAL
3.86
OFFICE SUPPLIES
277268
OE- 271535 -1
5110.6513
OFFICE SUPPLIES
ART CENTER ADMINISTRATION
62.06
OFFICE SUPPLIES
277269
OE- 271509 -1
5110.6513
OFFICE SUPPLIES
ART CENTER ADMINISTRATION
30.97
MARKERS
277270
OE- 273166 -1
1600.6406
GENERAL SUPPLIES
PARK ADMIN. GENERAL
64.83
OFFICE SUPPLIES
277271
WO- 737441 -1
1600.6406
GENERAL SUPPLIES
PARK ADMIN. GENERAL
813.27
364298 12115/2011
122688 BMK SOLUTIONS
56.21
FLASH DRIVES
276877
72427
1260.6406
GENERAL SUPPLIES
ENGINEERING GENERAL
154.95
OFFICE SUPPLIES
277016
71882
1495.6406
GENERAL SUPPLIES
INSPECTIONS
23.87
OFFICE SUPPLIES
277017
72567
1495.6406
GENERAL SUPPLIES
INSPECTIONS
72.75
OFFICE SUPPLIES
277018
72817
1495.6406
GENERAL SUPPLIES
INSPECTIONS
100.49
OFFICE SUPPLIES
277019
72697
1260.6406
GENERAL SUPPLIES
ENGINEERING GENERAL
162.56
OFFICE SUPPLIES
00003696 277272
73137
1470.6513
OFFICE SUPPLIES
FIRE DEPT. GENERAL
570.83
354299 12115/2011
129789 BORODKIN, ADENA
97.00
WINTER CLASS REFUND
277222
120711
5511.6136
PROFESSIONAL SVC - OTHER
ARENA BLDG/GROUNDS
97.00
354300 12/15/2011
105367 BOUND TREE MEDICAL LLC
10.40
AMBULANCE SUPPLIES
00003630 277273
80676062
1470.6510
FIRST AID SUPPLIES
FIRE DEPT. GENERAL
2,767.10
AMBULANCE SUPPLIES
00003680 277274
87311535
1470.6510
FIRST AID SUPPLIES
FIRE DEPT. GENERAL
2,777.50
Subledger Account Description
COST OF GOODS SOLD WINE
GENERAL SUPPLIES
DUES & SUBSCRIPTIONS
POSTAGE
GENERAL SUPPLIES
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION'
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION,
PROFESSIONAL SERVICES
12/13/2011 9:57:58
Page- 5
Business Unit
VERNON SELLING',
GOLF ADMINISTRATION
GOLF ADMINISTRATION
GOLF ADMINISTRATION
CLUB HOUSE
W 44TH ST RECON
BA -383 W44TH ST
BA =367 W70TH TRAFFIC IMPLEMENT
STS -369 W 70TH STREET
S101 FRANCE AVE 48TH - SUNNYSIDE
S106 INTERIACHEN SIDEWALK
BA335 GLEAS, VALLEY VW & TRACY
STS -350 GOLF TERRACE MHOOD
MINNEHAHA WOODS RECON
BA -334 MINNEHAHA WOODS RECON
EDINBOROUGH PARK
MAGAZINE/NEWSLETTER EXPENSE
COMMUNICATIONS
PHOTOGRAPHIC SUPPLIES
COMMUNICATIONS
CITY OF EDINA
R55CKREG LOG20000
WEB DEVELOPMENT
COMMUNICATIONS
-
Council Check Register
12/15/2011
-12115/2011
PO #
Doc No
Inv No
Account No
Check # Date
Amount.
Supplier I Explanation _
36 4301 12/1612011
119361 BOURGET IMPORTS
566.00
277334
105958
5862.5513
566.00
354302 12/1612011
100663 BRAEMAR GOLF COURSE
8.57
PETTY'CASH
277137
120811
5410.6406
40.00
PETTY CASH
277137
120811
5410.6105
44.00
PETTY CASH
277137
120811
5410.6235
59.32
PETTY CASH
277137
120811
5420.6406
151.89
364303 12115/2011
100664 BRAUN INTERTEC
1,750.00
MATERIALS TESTING
277020
343727
04380.1705.21
1,777.00
MATERIALS TESTING
277020
343727
01383.1705.21
1,714.50
MATERIALS TESTING
277021
343726
01367.1705.21
2,964.00
MATERIALS TESTING
277021
343726
04369.1705.21
1,042.50
MATERIALS TESTING
277022
344033
07101.1705.21
1,124.75
MATERIALS TESTING
277023
344034
07106.1705.21
465.50
MATERIALS TESTING
277024
344152
01335.1705.21
1,202.00
MATERIALS TESTING
277024
344152
04350.1705.21
154.00
MATERIALS TESTING
277025
344151
04375.1705.21
1,132.75
MATERIALS TESTING
277025
344151
01334.1705.21
175.00
STEEL INSPECTIONS
277136
344504
5620.6103
13,502.00
354304 1211612011
125155 BRAUN, MICHAEL
180.00
ABOUT TOWN PHOTOS
276960
1095
2210.6123
180.00
SENIOR CENTER PHOTOS
276961
1096
2210.6408
60.00
BUDGET WORKSHOP PHOTO
276962
1098
2210.6408
900.00
WEBSITE PHOTOS
276963
1097
2210.6124
1,320.00
364305 1211612011
100669 BRYAN ROCK PRODUCTS INC.
452.93
BALLFIELD AGLIME 00001530
276964
113011
1642.6542
452.93
354306 12/1512011
119826 BRYANT GRAPHICS INC.
176.26
LIQUOR NEWSLETTER
276878
26488
5862.6575
176.27
LIQUOR NEWSLETTER
276878
26488
5822.6575
176.27
LIQUOR NEWSLETTER
276878
26488
5842.6575
528.80
Subledger Account Description
COST OF GOODS SOLD WINE
GENERAL SUPPLIES
DUES & SUBSCRIPTIONS
POSTAGE
GENERAL SUPPLIES
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION'
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION
CONSULTING INSPECTION,
PROFESSIONAL SERVICES
12/13/2011 9:57:58
Page- 5
Business Unit
VERNON SELLING',
GOLF ADMINISTRATION
GOLF ADMINISTRATION
GOLF ADMINISTRATION
CLUB HOUSE
W 44TH ST RECON
BA -383 W44TH ST
BA =367 W70TH TRAFFIC IMPLEMENT
STS -369 W 70TH STREET
S101 FRANCE AVE 48TH - SUNNYSIDE
S106 INTERIACHEN SIDEWALK
BA335 GLEAS, VALLEY VW & TRACY
STS -350 GOLF TERRACE MHOOD
MINNEHAHA WOODS RECON
BA -334 MINNEHAHA WOODS RECON
EDINBOROUGH PARK
MAGAZINE/NEWSLETTER EXPENSE
COMMUNICATIONS
PHOTOGRAPHIC SUPPLIES
COMMUNICATIONS
PHOTOGRAPHIC SUPPLIES
COMMUNICATIONS
WEB DEVELOPMENT
COMMUNICATIONS
INFIELD`MIXTURE FIELD MAINTENANCE
PRINTING VERNON SELLING
PRINTING 50TH ST SELLING
PRINTING YORK SELLING
R55CKREG LOG20000 CITY OF EDINA
Council Check Register
12115/2011 -12/15/2011
Check # Date Amount Supplier I Explanation PO # Doc No Inv No Account No
364307 1211512011
141.16
141.16
354308 1211512011
570.16
616.34
1,186.50
354309 12/1512011
3,334.15
102149 CALLAWAY GOLF
GOLF CLUB
102482 CAMPBELL PET COMPANY
LEASHES, ANIMAL CONTROL POLES
OFF LEASH PARK COLLARS
119455 CAPITOL BEVERAGE SALES
354310 12/15/2011
116683 CAT & FIDDLE BEVERAGE
455.00
277276
216.00
1450.6406
338.00
9757
1,009.00
277057
364311 1211612011
123898 CENTURYLINK
57.75
952 926 -0092
55.73
952 929 -0297
324.41
952 927 -8861
104.66
952 826 -7398
83.52
952 941 -1019
121.92
952 926 -0419
18.90
651281-1355 B001311
55.97
58.67
117.41
120.68
140.09
168.37
228.61
235.07
266.74
2,062.04
4,220.54
354312 1211512011
119726 CHISAGO LAKES DISTRIBUTING CO
276965 923017611 5440.5511
277275
0269461 -IN
1450.6406
277276
0270520 -IN
1450.6406
277056
9757
5842.5514
277057
00010143
5822.5514
277055 91910
277093 91919
277335 91920
276879 0092 -12/11
276880 0297 -11/11
276881 8861 -11/11
276882 7398 -1/11
276883 1019 -11/11
276884 0419 -12111
276885 1311 -12/11
276886 0146 -11111
276886 0146 -11/11
276886 0146 -11/11
276886 0146 -11/11
276886 0146 -11/11
276866 0146 -11/11
276886 0146 -11/11
276886 0146 -11/11
276886 0146 -11/11
276886 0146 -11/11
5842.5513
5862.5513
5822.5513
5913.6188
4090.6188
1550.6188
7410.6103
7411.6188
1646.6188
1400.6188
5911.6188
1628.6188
1470.6188
5841.6188
5821.6188
1622.6188
5511.6188
1646.6188
5932.6188
1550.6188
12113/2011 9:57:58
Page - 6
Subledger Account Description Business Unit
COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES
GENERAL SUPPLIES
GENERAL SUPPLIES
COST OF GOODS SOLD BEER
COST OF GOODS SOLD BEER
COST OF GOODS SOLD WINE
COST OF GOODS SOLD WINE
COST OF GOODS SOLD WINE
TELEPHONE
TELEPHONE
TELEPHONE
PROFESSIONAL SERVICES
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
ANIMAL CONTROL
ANIMAL CONTROL
YORK SELLING
50TH ST SELLING
YORK SELLING
VERNON SELLING
50TH ST SELLING
DISTRIBUTION
50TH &FRANCE MAINTENANCE
CENTRAL SERVICES GENERAL
PSTF ADMINISTRATION
PSTF OCCUPANCY
BUILDING MAINTENANCE
POLICE DEPT. GENERAL
WELL PUMPS
SENIOR CITIZENS
FIRE DEPT. GENERAL
YORK OCCUPANCY
50TH ST OCCUPANCY
SKATING & HOCKEY
ARENA BLDGIGROUNDS
BUILDING MAINTENANCE
GENERAL STORM SEWER
CENTRAL SERVICES GENERAL
CITY OF EDINA
12/13/2011 9:57:58
R55CKREG
LOG20000
Council Check Register
Page- 7
'
12/15/2011
-12115/2011
Ch
eck #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
356.85
277058
460573
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING,
228,85
277094
460659
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
585.70
354313
1211612011
105693 'CITYSPRINT
20.28
COURIER SERVICE
276887
24397
1180.6103
PROFESSIONAL SERVICES
ELECTION
20.28
354314
12/1512011
101507 COIT SERVICES
- i
145.00
CARPET CLEANING
00001287 276966
M- 010758
1646.6103
PROFESSIONAL SERVICES
BUILDING MAINTENANCE
145.00
354315
12 I612111
100088 COLE INFORMATION SERVICES INC.
383.95
ST PAUL COLE DIRECTORY
276967
0581159 -IN
1400.6105
DUES & SUBSCRIPTIONS
POLICE DEPT. GENERAL
383.95
354316
12115/2011
120433 COMCAST
82.60
8772 10 614 0164959
277138
164959 -11/11
5430.6188
TELEPHONE
RICHARDS GOLF COURSE
6.76
8772 10 614 0373022
277223
373022 -11/11
1550.6230
SERVICE CONTRACTS EQUIPMENT
CENTRAL SERVICES GENERAL
89.36
354317
12115/2011
120826 COMCAST SPOTLIGHT
1,243.31
CABLE I GOOGLE ADVERTISING
276968
387500- 387506
5862.6122
ADVERTISING OTHER
VERNON SELLING
1,243.32
CABLE I GOOGLE ADVERTISING
276968
387500- 387506
5822.6122
ADVERTISING OTHER
50TH ST SELLING
1,243.32
CABLE / GOOGLE ADVERTISING
276968
387500- 387506
5842.6122
ADVERTISING OTHER
YORK SELLING
3,729.95
354318
12/1612011
100695- CONTINENTAL CLAY CO.
147.48
ART SUPPLIES
276969
R200374124
5120.5510
COST OF GOODS SOLD
ART SUPPLY GIFT GALLERY SHOP
284.21
CLAY
00009094 276970
INV000064274
5110.6564
CRAFT SUPPLIES
ART CENTER ADMINISTRATION
595.61
CLAY
00009094 276970
INV000064274
5120.5510
COST OF GOODS SOLD
ART SUPPLY GIFT GALLERY SHOP
1,027.30
354319
1211512011
124910 COURSE TRENDS INC.
100.00
EMAIL MARKETING
276971
178301
5410.6122
ADVERTISING OTHER
GOLF ADMINISTRATION
100.00
354320
12/1512011
100699 CULLIGAN BOTTLED WATER
147.50
114-09855685 -4 WATER
277224
120111
7411.6406
GENERAL SUPPLIES
PSTF OCCUPANCY
147.50
354321
_
I
12/1612011
102478 DAY DISTRIBUTING CO.
,
R55CKREG LOG20000
CITY OF EDINA
12113120119:57:58
Council Check Register
Page - 8
12/15/2011 -12/1512011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
89.60
277059
629052
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
4,137.40
277060
629051
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
257.00
277061
628531
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
1,638.95
277062
629050
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
1,777.25
277336
629049
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
8,100.20
364322
12116/2011
100899 DEPARTMENT OF LABOR & INDUSTRY
5,418.95
SURCHARGE - OCT 2011
277026
12905053060
1495.4380
SURCHARGE
INSPECTIONS
5,418.95
354323
1211612011
102831 DEX MEDIA EAST INC.
1,571.78
110311893
276972
110311893 -11/11
5410.6122
ADVERTISING OTHER
GOLF ADMINISTRATION
1,571.78
354324
12/1612011
121646 DICK, KENNA
387.38
UNIFORM PURCHASE
276973
120711
1400.6203
UNIFORM ALLOWANCE
POLICE DEPT. GENERAL
387.38
35026
12/16/2011
123162 DISH NETWORK
57.40
8255 7070 8142 2839
277225
120411
7411.6406
GENERAL SUPPLIES
PSTF OCCUPANCY
57.40
354326
1211512011
124503 EDEN PRAIRIE WINLECTRIC CO.
28.35
ELECTRICAL TUBING
00005419 277027
08381200
5311.6406
GENERAL SUPPLIES
POOL OPERATION
57.00
ELECTRICAL PARTS
00001207 277227
08488300
5300.1715
LAND IMPROVEMENTS
AQUATIC CENTER BALANCE SHEET
85.35
354327
12/15/2011
101656 EDINA CHORALE
116.66
PROGRAM ADVERTISING
276974
2011 -2012
5862.6122
ADVERTISING OTHER
VERNON SELLING
116.67
PROGRAM ADVERTISING
276974
2011 -2012
5822.6122
ADVERTISING OTHER
50TH ST SELLING
116.67
PROGRAM ADVERTISING
276974
2011 -2012
5842.6122
ADVERTISING OTHER
YORK SELLING
350.00
364328
1211612011
123189 EDINA LIQUOR
117.67
SUPPLIES FOR SFST COURSE
277226
112111
7410.6218
EDUCATION PROGRAMS
PSTF ADMINISTRATION
117.67
364329
12/15/2011
118010 EGAN, BILL
508.82
TRAPPING SERVICE
276975
120211
5422.6103
PROFESSIONAL SERVICES
MAINT OF COURSE & GROUNDS
508.82
MECHANICAL PERMITS INSPECTIONS
GENERAL SUPPLIES CENTENNIAL LAKES
CONTRACTED REPAIRS FIRE DEPT. GENERAL
PROFESSIONAL SERVICES ENGINEERING GENERAL
COST OF GOODS SOLD BEER YORK SELLING
CONSULTING INSPECTION BA -367 W70TH TRAFFIC IMPLEMENT
TELEPHONE FIRE DEPT. GENERAL
12/13/2011 9:57:58
Page- 9
CITY OF EDINA
R55CKREG LOG20000
COST OF GOODS SOLD MIX
50TH ST SELLING
COST OF GOODS SOLD MIX
VERNON SELLING
ACCESSORIES
EQUIPMENT OPERATION GEN
REPAIR PARTS
EQUIPMENT OPERATION GEN
Council Check Register
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
REPAIR PARTS
12/15/2011
-12/15/2011
Check #
Date .
Amount
Supplier / Explanation PO # Doc No
Inv No
Account No
354330
1211512011
104195 EXTREME BEVERAGE LLC.
268.00
277095
125 -169
5822.5515
167.50
277096
W- 467162
5862.5515
435.50
354331
12115/2011
100146 FACTORY MOTOR PARTS COMPANY
42.47
RESISTOR, CONNECTOR 00005643 276888
69- 053814
1553.6585
11.45
RESISTOR 00005643 276889
69- 054166
1553.6530
96.95
PAD KIT 00005643 277139
70- 080231
1553.6585
123.19
BATTERY 00005643 277140
69- 053908
1553.6585
82.83
WINDSHIELD WASH 00005461 277304
1- 3745537
1553.6530
356.89
354332
1211512011
129794 FARMINGTON PLUMBING &HEATING
81.00
OVERPAYMENT REFUND', 277228
111716,111717
1495.4115
81.00
354333
1211512011
106035 FASTENAL COMPANY
103.38
TUBING 00002013 277277
MNTC2108899
5630.6406
103.38
354334
1211512011
120329 FIRE EQUIPMENT SPECIALTIES INC
257.57
RESCUE SUIT REPAIRS 277278
7323
1470.6180
257.57
354335
1211512011
120831 FIRST SCRIBE INC.
425.00
ROWAY 277028
23126
1260.6103
425.00
354336
1211612011
129500 FLAT EARTH BREWING CO.
287,94
277337
3399
5842.5514
287.94
354337
12/15/2011
106527 FLORENIANO, JOSEPH
220.00
PLUMBING REPAIRS 277029
120611
01367.1705.21
220.00
354338
1211612011
118941 GLOBALSTAR USA
29.13
R -91 PHONE 277279
3506178
1470.6188
29.13
354339
1211612011
100780 GOPHER STATE ONE -CALL INC.
MECHANICAL PERMITS INSPECTIONS
GENERAL SUPPLIES CENTENNIAL LAKES
CONTRACTED REPAIRS FIRE DEPT. GENERAL
PROFESSIONAL SERVICES ENGINEERING GENERAL
COST OF GOODS SOLD BEER YORK SELLING
CONSULTING INSPECTION BA -367 W70TH TRAFFIC IMPLEMENT
TELEPHONE FIRE DEPT. GENERAL
12/13/2011 9:57:58
Page- 9
Subledger Account Description
Business Unit
COST OF GOODS SOLD MIX
50TH ST SELLING
COST OF GOODS SOLD MIX
VERNON SELLING
ACCESSORIES
EQUIPMENT OPERATION GEN
REPAIR PARTS
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
ACCESSORIES
EQUIPMENT OPERATION GEN
REPAIR PARTS
EQUIPMENT OPERATION GEN
MECHANICAL PERMITS INSPECTIONS
GENERAL SUPPLIES CENTENNIAL LAKES
CONTRACTED REPAIRS FIRE DEPT. GENERAL
PROFESSIONAL SERVICES ENGINEERING GENERAL
COST OF GOODS SOLD BEER YORK SELLING
CONSULTING INSPECTION BA -367 W70TH TRAFFIC IMPLEMENT
TELEPHONE FIRE DEPT. GENERAL
R55CKREG LOG20000 CITY OF EDINA
Council Check Register
12/15/2011 — 12/1512011
Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description
782.45 NOV TICKETS 00001382 276890 27440 5913.6103 PROFESSIONAL SERVICES
GENERAL SUPPLIES
GENERAL SUPPLIES
REPAIR PARTS
GENERAL SUPPLIES
17/13/2011 9:57:58
Page - 10
Business Unit
DISTRIBUTION
EQUIPMENT OPERATION GEN
CENT SVC PW BUILDING
MAINT OF COURSE & GROUNDS
GRILL
COST OF GOODS SOLD WINE VERNON SELLING
COST OF GOODS SOLD WINE YORK SELLING
CONFERENCES & SCHOOLS ENGINEERING GENERAL
CONFERENCES & SCHOOLS ENGINEERING GENERAL
GENERAL SUPPLIES CITY HALL GENERAL
PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS
PROFESSIONAL SERVICES ELECTION
PROFESSIONAL SERVICES ELECTION
POSTAGE ADMINISTRATION
PRINTING ELECTION
782.45
354340
12115/2011
101103 GRAINGER
115.85
SAFETY CAN 00005652
276891
9698507259
1553.6406
254.83
SIGNS, BATTERIES 00005648
276892
9696865485
1552.6406
4.89
SPARK PLUG
276976
9691250329
5422.6530
119.36
SHOVELS 00006364
276977
9689237023
5421.6406
494.93
354341
12115/2011
102217 GRAPE BEGINNINGS INC
334.75
277097
134146
5862.5513
1,254.50
277338
134127
5842.5513
1,589.25
354342
12115/2011
124776 HAMLINE UNIVERSITY
1,308.66
SHARON ALLISON
277030
FALL 2011
1260.6104
1,308.66
JACK SULLIVAN
277030
FALL 2011
1260.6104
2,617.32
354343
1211512011
129205 HARRIS COMPANIES
1,570.80
VALVES
277229
160001443
1551.6406
1,570.80
354344
1211512011
129790 HELBING, ERIN
86.00
WINTER CLASS REFUND
277230
120711
5511.6136
86.00
354345
12115/2011
100801 HENNEPIN COUNTY TREASURER
38.69
COURIER FEES
277141
120611
1180.6103
38.69
354346
12/15/2011
100801 HENNEPIN COUNTY TREASURER
6,923.00
MAINT ELECTION EQUIPMENT
277142
120611 -1
1180.6103
6,923.00
354347
12/1512011
100801 HENNEPIN COUNTY TREASURER
1,054.21
MAIL PVCS
277143
120611 -2
1120.6235
1,054.21
354348
12/15/2011
100801 HENNEPIN COUNTY TREASURER
6,671.99
BALLOT PRINTING
277144
120211 -3
1180.6575
GENERAL SUPPLIES
GENERAL SUPPLIES
REPAIR PARTS
GENERAL SUPPLIES
17/13/2011 9:57:58
Page - 10
Business Unit
DISTRIBUTION
EQUIPMENT OPERATION GEN
CENT SVC PW BUILDING
MAINT OF COURSE & GROUNDS
GRILL
COST OF GOODS SOLD WINE VERNON SELLING
COST OF GOODS SOLD WINE YORK SELLING
CONFERENCES & SCHOOLS ENGINEERING GENERAL
CONFERENCES & SCHOOLS ENGINEERING GENERAL
GENERAL SUPPLIES CITY HALL GENERAL
PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS
PROFESSIONAL SERVICES ELECTION
PROFESSIONAL SERVICES ELECTION
POSTAGE ADMINISTRATION
PRINTING ELECTION
12113/2011 9:57:58
Page - 11
Business Unit
SPECIAL ASSESSMENTS
LEGAL SERVICES
CITY HALL GENERAL
1,821.58
277063
581755
5862.5514
COST OF GOODS SOLD BEER
CITY OF EDINA
1,665.50
R55CKREG LOG20000
582238
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
300.00
277098
582428
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
Council Check Register
277339
582405
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
ALARM SYSTEM REPAIRS
12/15/2011 — 12115/2011
1003754
Check #
Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No Account No
Subledger Account Description
354354
6,671.99
101618 HOPKINS PET HOSPITAL
354349
12115/2011
100801 HENNEPIN COUNTY TREASURER
IMPOUNDS
277280
14114 -11/11
1450.6217
3,571.86
TNT NOTICES
277145
TNT 1503.6915
SPECIAL ASSESSMENTS
354355
3,571.86
112628 ICEE COMPANY, THE
354350
1211512011
100801 HENNEPIN COUNTY - TREASURER
CONCESSION PRODUCT
277146
185087
5620.5510
402.27
NOV BOOKINGS
277305
1000009520 1195.6170
COURT CHARGES
364366
402.27
101732 INDUSTRIAL DOOR CO. INC.
354351
1211512011
100805 HIRSHFIELD'S
OVERHEAD DOOR REPAIRS
277281
D226118 -IN
1470.6180
44.60
PAINT
277231
003471192 1551.6406
GENERAL SUPPLIES
1470.6180
44.60
369.92
354352
12115/2011
1211512011
104375 HOHENSTEINS INC.
101183 INSPECTRON INC.
12113/2011 9:57:58
Page - 11
Business Unit
SPECIAL ASSESSMENTS
LEGAL SERVICES
CITY HALL GENERAL
1,821.58
277063
581755
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
1,665.50
277064
582238
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
300.00
277098
582428
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
324.50
277339
582405
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
354353
12115/2011
101774 HONEYWELL INC.
1,703.00
MONITORING SERVICE
277306
3557860
5511.6250
302.82
ALARM SYSTEM REPAIRS
277307
1003727
5511.6180
334.82
ALARM SYSTEM REPAIRS
277308
1003754
5511.6180
2,340.64
354354
1211512011
101618 HOPKINS PET HOSPITAL
483.36
IMPOUNDS
277280
14114 -11/11
1450.6217
483.36
354355
1211512011
112628 ICEE COMPANY, THE
127.06
CONCESSION PRODUCT
277146
185087
5620.5510
127.06
364366
12/1512011
101732 INDUSTRIAL DOOR CO. INC.
178.36
OVERHEAD DOOR REPAIRS
277281
D226118 -IN
1470.6180
191.56
OVERHEAD DOOR REPAIRS
277282
D226117 -IN
1470.6180
369.92
364367
1211512011
101183 INSPECTRON INC.
7,150.00
JUNE/JULY INSPECTIONS
277031
100711
1495.6103
ALARM SERVICE ARENA BLDG/GROUNDS
CONTRACTED REPAIRS ARENA BLDG/GROUNDS
CONTRACTED REPAIRS ARENA BLDGIGROUNDS
KENNEL SERVICE ANIMAL CONTROL
COST OF GOODS SOLD EDINBOROUGH PARK
CONTRACTED REPAIRS FIRE DEPT. GENERAL
CONTRACTED REPAIRS FIRE DEPT. GENERAL
PROFESSIONAL SERVICES INSPECTIONS
R55CKREG LOG20000
CITY.OF EDINA .,. `'
12/13/2011 9:57:58
Council Check Register ..
Page - 12
12/15/2011
"121W2011
Cheek # Date
Amount
Supplier / Explanation PO # .
Doc No
Inv No
Account No'
Subledger Account Description
Business Unit '
5,400.00
APR/MAY INSPECTIONS
277032
111411
1495.6103
PROFESSIONAL SERVICES
INSPECTIONS
12,550:00
354358 1211512011
104167 INTERNATIONAL CODE COUNCIL INC'
65.00
CERTIFICATION RENEWAL
-
277232
120111
1495.6103
PROFESSIONAL SERVICES
i
INSPECTIONS-
-
65.00
364359 1211612011
103193 INTOXIMETERS INC.
145.22
INTOX REPAIR
276978
,348205
2340.6215
EQUIPMENT MAINTENANCE
DWI FORFEITURE;
145.22
354360 1211512011
106347 IRRIGATION ENGINEERING INC.
1,111.59
IRRIGATION REPAIRS
276893
12289
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
1,111.59
364361 1211512011
112556 ISAAMAN, TREVOR -
266.72
SUPPLIES REIMBURSEMENT
276979
12051'1
5410.6406
GENERAL SUPPLIES
GOLF ADMINISTRATION
266.72
364362 1211612011_
101861 J.H. LARSON COMPANY
573.07
BACK ROOM HEATER
276894'
4357139-01
5841.6406
GENERAL SUPPLIES
YORK OCCUPANCY
573.07
- ..
364363 1211512011
100829 JERRY'S HARDWARE
2.23
276980
112511'
1400.6406
GENERAL SUPPLIES
POLICE DEPT. GENERAL
3.41
276980
112511
5840.6406
GENERAL SUPPLIES
LIQUOR YORK GENERAL
4.26
276980
112511
1552.6406
GENERAL SUPPLIES
CENT SVC PW BUILDING
7.32
276980
112511
1322.6406
GENERAL SUPPLIES
STREET LIGHTING ORNAMENTAL
14.34
276980
112511
1470.6406
GENERAL SUPPLIES,
FIRE DEPT. GENERAL
38.51
276980
, 112511
1495.6406
GENERALSUPPLIES
INSPECTIONS
47.96
276980
112511
1301.6406:
GENERAL SUPPLIES
GENERAL MAINTENANCE
48.03
276980
,_112511
1553.6406-
GENERAL SUPPLIES
EQUIPMENT OPERATION GEN
53.08
_.
276980
112511.
5210.6406
GENERAL SUPPLIES
GOLF DOME PROGRAM
69.11
276980-,
.112511 ''
1647.6180
CONTRACTED REPAIRS
PATHS & HARD SURFACE
83.28
276980
112511
5913.6406
GENERAL SUPPLIES
DISTRIBUTION
86.03
276980
112511
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
102.61
276980
112511
5431.6406
GENERAL SUPPLIES
RICHARDS GC MAINTENANCE
150.83
276980
112511
4090.6406
GENERAL SUPPLIES
50TH&FRANCE MAINTENANCE
385.39
276980
112511'
1646.6406
GENERAL SUPPLIES.
BUILDING MAINTENANCE
1,096.39
364364 12115/2011
129636 ,JESSE JAMES CREATIVE INC.
CITY OF EDINA
12113/2011 9:57:58
R55CKREG LOG20000
Council Check Register
Page - 13
12/15/2011
-12/15/2011
Check # Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
6,625.00
WEBS] TE REDESIGN OPHASE 8
277309
JJ4824G
2210.6124
WEB DEVELOPMENT
COMMUNICATIONS
6,625.00
354365 1211512011
102146 JESSEN PRESS
1,039.90
ARBLE BROCHURE
276895
30458
1629.6575
PRINTING
ADAPTIVE RECREATION
1,039.90
354366 12115/2011
.100741 JJ TAYLOR DIST. OF MINN
60.30
277065
1662570
5822.5515
COST OF GOODS SOLD MIX
50TH ST SELLING
10,051.90
277099
1662565
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
1,247.75
277100
1662569
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
7,679.99
277340
1662573
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
158.80
277341
1662574
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
19,198.74
354368 1211512011
100835 ' JOHNSON BROTHERS LIQUOR CO.
782.34
277101
1185702
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
1,514.89
277102
1190273
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
517.79
277103
1190253
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
2,326.91
277104
1190269
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING'
1.12
277105
1190259
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
2,429.61
277106
1190272
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
10,165.63
277107
1190270
5862.5512
COST OF GOODS SOLD LIQUOR.
VERNON SELLING
.84
277108
1190255
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
641.15
277109
1190271
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
1,240.55
277110
1190274
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
558.15
277111
1190249
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
961.24
277112
1190251
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
22.11
277113
1190252
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
241.53
277114
1190257
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
72.71
277115
1190250
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
110.21
277116
1190256
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
475.35
277117
1190260
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
1,050.50
277118
1190265
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
1,399.58
277119
1190262
5842.5512
COST OF GOODS'SOLD LIQUOR
YORK SELLING
"
62.74
277120
1190268
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
1,854.35
277121
1190263
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
4,099.08
277122
1190267
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
281.60
277123
1190258
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
2.99
277124
1190254
5842.5513
COST OF GOODS SOLD WINE.
YORK SELLING
3,391.15
277342
1190261
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
22.11
277343
1190264
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
R55CKREG LOG20000
CITY OF EDINA
12/13/2011 9:57:58
Council Check Register
Page - 14
12/15/2011
- 12/15/2011
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
3,902.31
277344
1190266
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
104.00
277345
1190711
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
91.50
277346
1190712
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
73.12-
277347
518586
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
7.72-
277348
517879
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
38,243.20
354369
1211512011
102113 JOHNSTONE SUPPLY
44.54
HVAC REPAIR PARTS
00001264 276981
124647
1646.6406
GENERAL SUPPLIES
BUILDING MAINTENANCE
44.54
354370
12/15/2011
116901 K.C. GROVES TREE EXPERTS
1,656.56
DISEASED TREE REMOVAL
00001285 276982
113011
4088.6103
PROFESSIONAL SERVICES
TREE REMOVAL
1,656.56
354371
1211512011
129767 KAPSEN, CAROL
413.21
IRRIGATION REPAIR
277033
AUG 2011
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
413.21
364372
12115/2011
111018 KEEPRS INC.
249.95
UNIFORMS
00003645 277283
172610 -01
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
155.96
00003651 277284
173476
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
191.96
00003652 277285
173648 -01
1470.6558
DEPT UNIFORMS
FIRE DEPT. GENERAL
916.99
GLOCKS FIXED
00003136 277286
177569
1400.6104
CONFERENCES & SCHOOLS
POLICE DEPT. GENERAL
1,514.86
354373
12/15/2011
117792 KIDDE FIRE TRAINERS INC.
257,112.50
TOWER UPGRADES
277233
7536
7413.6710
EQUIPMENT REPLACEMENT
PSTF FIRE TOWER
257,112.50
354374
12115/2011
116776 KUSTOM KARRIERS
461.22
DWI TOWS (3)
277147
120811
2340.6103
PROFESSIONAL SERVICES
DWI FORFEITURE
461.22
354376
1211512011
118660 LAKES AREA HOME IMPROVEMENT SE
198.00
PLUMBING REPAIRS
277034
1403S
01355.1705.21
CONSULTING INSPECTION
BA -355 GOLF TERRACE N'HOOD
198.00
364376
12/15/2011
100605 LANDS' END BUSINESS OUTFITTERS
455.42
LOGO CLOTHING
277148
10940310
5822.6406
GENERAL SUPPLIES
50TH ST SELLING
910.84
LOGO CLOTHING
277148
10940310
5842.6406
GENERAL SUPPLIES
YORK SELLING
910.85
LOGO CLOTHING
277148
10940310
5862.6406
GENERAL SUPPLIES
VERNON SELLING
12/13/2011 9:57:58
Page - 15
Business Unit
PATHS & HARD SURFACE
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
ENGINEERING GENERAL
ASSESSING
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
MAINT OF COURSE & GROUNDS
EQUIPMENT OPERATION GEN
ADMINISTRATION
STREET EQUIPMENT
EMPLOYEE PROGRAMS
60.00
TRAINING - SHARON ALLISON
CITY OF EDINA
155735
R55CKREG LOG20000
CONFERENCES & SCHOOLS
60.00
Council Check Register
1211512011
110888' LOPEZ, ELIZABETH
12115/2011
— 12/15/2011
Check #
Date
Amount
Supplier / Explanation PO # Doc No
Inv No
Account No
Subledger Account Description
2,277.11
-
364377
12115/2011
1211612011
127146 LANDSCAPE STRUCTURESJNC.
101792 LOBE -TECH
14.53
PLAYGROUND REPAIR PARTS 00001163 276983
M93069
1647.6530
REPAIR PARTS
1983837
1553.6584
14.53
3,087.70
OIL
354378
1211512011
1553.6584
100852 LAWSON PRODUCTS INC.
-
4,111.75
GREASE, OIL
00005589 276901
50.63
WIRE ROPE CLIPS 00005579 276896
9300395168
1553.6585
ACCESSORIES
135.38-
CREDIT
15.80
WIRE LOOM 00005634 276897
9300390208
1553.6585
ACCESSORIES
578.86
553.10
NUTS, SCREWS, CLAMPS 00005579 276898
9300390209
1553.6585
ACCESSORIES
619.53
CREDIT
277037
0513614
1553.6584
354379
1211612011
101652 LEAGUE OF MINNESOTA CITIES
12/13/2011 9:57:58
Page - 15
Business Unit
PATHS & HARD SURFACE
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
ENGINEERING GENERAL
ASSESSING
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
MAINT OF COURSE & GROUNDS
EQUIPMENT OPERATION GEN
ADMINISTRATION
STREET EQUIPMENT
EMPLOYEE PROGRAMS
60.00
TRAINING - SHARON ALLISON
277035
155735
1260.6104
CONFERENCES & SCHOOLS
60.00
354380
1211512011
110888' LOPEZ, ELIZABETH
66.08
MILEAGE REIMBURSEMENT
276984
120611
1190.6107
MILEAGE OR ALLOWANCE
66.08
354381
1211612011
101792 LOBE -TECH
2,724.03
GREASE
00005589 276899
1983837
1553.6584
LUBRICANTS
3,087.70
OIL
00005589 276900
1983838
1553.6584
LUBRICANTS
4,111.75
GREASE, OIL
00005589 276901
1983839
1553.6584
LUBRICANTS
135.38-
CREDIT
276902
515339
1553.6584
LUBRICANTS
578.86
OIL
00006112 277036
1982476
5422.6406
GENERAL SUPPLIES
429.00-
CREDIT
277037
0513614
1553.6584
LUBRICANTS
9,937.96
354382
1211612011
122076 LYNN & ASSOCIATES
980.00
PEER GROUP FACILITATION
277038
PG:1:2011
1120.6103
PROFESSIONAL SERVICES
980.00
354383
1211512011
100864 MACQUEEN EQUIPMENT INC.
18,895.50
SNOW BLOWER
00005590 277039
1120023
421305.6710
EQUIPMENT REPLACEMENT
18,895.50
354384
1211512011
102237 MANGEN,' DEBRA
298.22
WELLNESS COMMITTEE ITEMS
277310
121211
1513.6218
EDUCATION PROGRAMS
298.22
364386
12/1612011
100869 MARTIN- MCALLISTER
12/13/2011 9:57:58
Page - 15
Business Unit
PATHS & HARD SURFACE
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
ENGINEERING GENERAL
ASSESSING
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
MAINT OF COURSE & GROUNDS
EQUIPMENT OPERATION GEN
ADMINISTRATION
STREET EQUIPMENT
EMPLOYEE PROGRAMS
R55CKREG LOG20000
12116/2011
102607 METRO VOLLEYBALL OFFICIALS
CITY OF EDINA
Council Check Register
OFFICIATING FEES 277311
4031
4077.6103
PROFESSIONAL SERVICES
EDINA ATHLETIC ASSOCIATION
12115/2011
-12/1512011
Check #
Date
Amount
Supplier / Explanation
PO # Doe No
Inv No
Account No
1211512011
400.00
ASSESSMENT CHARGES
276985
7664
1400.6103
400.00
PRE - EMPLOYMENT EVALUATION
277287
7665
1550.6121
CENTRAL SERVICES GENERAL
800.00
150.00
LICENSES 277314
ABR00378761
5510.6105
354386
1211512011
101463 MENARDS
160.00
21.10
LIGHT CONTROLS
00006123 276986
75539
5420.6406
8.95
SANDING SPONGE, CLAMPS
00001217 277234
69969
1551.6406
REPLACE WATER SERVICE 00001390 277312
33973
4.16
SANDPAPER
277235
70530
1551.6406
1,470.00
REPLACE STOPBOX 00001391 277313
34.21
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
354387
1211612011
101987 MENARDS
354392
1211512011
32.02
FURNITURE DOLLIES
00002018 277288
50524
5630.6406
32.02
61.63
CO2, METHANE 277236
1030299
7413.6545
354388
12115/2011
100885 METRO SALES INC
61.63
2,885.86
COPIER USAGE
276987
435324
1400.6230
143.21
COPIER USAGE
277289
435589
5110.6151
VALVE 00001312 277239
827040
3,029.07
GENERAL SUPPLIES
CITY HALL GENERAL
Subledger Account Description
PROFESSIONAL SERVICES
ADVERTISING PERSONNEL
GENERAL SUPPLIES
GENERAL SUPPLIES
GENERAL SUPPLIES
GENERAL SUPPLIES
12/13/20119:57:58
Page - 16
Business Unit
POLICE DEPT. GENERAL
CENTRAL SERVICES GENERAL
CLUB HOUSE
CITY HALL GENERAL
CITY HALL GENERAL
CENTENNIAL LAKES
SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL
EQUIPMENT RENTAL ART CENTER ADMINISTRATION
354389
12116/2011
102607 METRO VOLLEYBALL OFFICIALS
137.50
OFFICIATING FEES 277311
4031
4077.6103
PROFESSIONAL SERVICES
EDINA ATHLETIC ASSOCIATION
137.50
364390
1211512011
102682 MINN DEPT OF LABOR & INDUSTRY
30.00
BOILER LICENSES 277237
ABR00365671
1550.6406
GENERAL SUPPLIES
CENTRAL SERVICES GENERAL
150.00
LICENSES 277314
ABR00378761
5510.6105
DUES & SUBSCRIPTIONS
ARENA ADMINISTRATION
160.00
354391
1211612011
100913 MINNEAPOLIS & SUBURBAN SEWER &
1,592.50
REPLACE WATER SERVICE 00001390 277312
33973
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
1,470.00
REPLACE STOPBOX 00001391 277313
33974
5913.6180
CONTRACTED REPAIRS
DISTRIBUTION
3,062.50
354392
1211512011
102174 MINNEAPOLIS OXYGEN COMPANY
61.63
CO2, METHANE 277236
1030299
7413.6545
CHEMICALS
PSTF FIRE TOWER
61.63
354393
1211512011
100898 MINVALCO
99.50
VALVE 00001312 277239
827040
1551.6406
GENERAL SUPPLIES
CITY HALL GENERAL
99.50
364394
1211612011
102812 MN DEPARTMENT OF LABOR & INDUS
12/13/2011 9:57:58
Page- 17
Business Unit
INSPECTIONS
FIRE DEPT. GENERAL
MAINT OF COURSE & GROUNDS
MAINT OF COURSE & GROUNDS
GOLF BALANCE SHEET
,EDINBOROUGH PARK
709.00 277125 70364 5662.5513 COST OF GOODS SOLD WINE VERNON SELLING
147 00 277126 70365 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING
856.00
CITY OF EDINA
R55CKREG LOG20000
1211612011
102260 NORMAN, MIKE
55.25
ART WORK SOLD 277259
120711
Council Check Register
ART WORK SOLD
55.25
12/15/2011
-12/1512011
354400
Check #
Date
Amount
Supplier / Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
75.00
DUES 277325
110.00
LICENSE RENEWAL
277238
80001027
1495.6103
PROFESSIONAL SERVICES
110.00
364401
1211512011
129787 NORTH DAKOTA RECREATON & PARK
354395
1211612011
122611 MORNINGSIDE BUILDERS
LLC
125.00
NDRPA JOB POSTING 277150
222,
1550.6121
ADVERTISING PERSONNEL
325.00
STATION REPAIRS
277290
1271
1470.6180
CONTRACTED REPAIRS
354402
325.00
100933 NORTHWEST GRAPHIC SUPPLY CO.
364396
1211512011
271.33
100906 MM DISTRIBUTING INC.
41567500
5120.5510
COST OF GOODS SOLD
271.33
815.05
ROLLER PARTS
00006113, 276988
821887 -00
5422.6530
REPAIR PARTS
105007 NU- TELECOM
78.64
ROLLER REBUILD KIT
00006113 276989
821887 -01
5422.6530
REPAIR PARTS
7,435.30
SPRAYER BOOM REPLACEMENT
276990
821271 -00
5400.1740
MACHINERY & EQUIPMENT
8,328.99
354397
1211612011
106662 NET LITIN DISTRIBUTORS
99.14
TABLECOVERS
277149
148490
5620.5510
COST OF GOODS SOLD
99.14
364398
1211512011
100076 NEW FRANCE WINE CO.
12/13/2011 9:57:58
Page- 17
Business Unit
INSPECTIONS
FIRE DEPT. GENERAL
MAINT OF COURSE & GROUNDS
MAINT OF COURSE & GROUNDS
GOLF BALANCE SHEET
,EDINBOROUGH PARK
709.00 277125 70364 5662.5513 COST OF GOODS SOLD WINE VERNON SELLING
147 00 277126 70365 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING
ART CENTER REVENUES
FIRE DEPT. GENERAL
CENTRAL SERVICES GENERAL
ART SUPPLY GIFT GALLERY SHOP
557.72 MONTHLY FEE 276991 80573077 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL
557.72
856.00
354399
1211612011
102260 NORMAN, MIKE
55.25
ART WORK SOLD 277259
120711
5101.4413
ART WORK SOLD
55.25
354400
1211512011
105205 NORTH CENTRAL EMS COOPERATIVE
75.00
DUES 277325
120811
1470.6105
DUES & SUBSCRIPTIONS
75.00
364401
1211512011
129787 NORTH DAKOTA RECREATON & PARK
125.00
NDRPA JOB POSTING 277150
222,
1550.6121
ADVERTISING PERSONNEL
125.00
354402
12116/2011
100933 NORTHWEST GRAPHIC SUPPLY CO.
271.33
ARTISTS PAINT, PADS 00009107 277291
41567500
5120.5510
COST OF GOODS SOLD
271.33
364403
1211612011
105007 NU- TELECOM
ART CENTER REVENUES
FIRE DEPT. GENERAL
CENTRAL SERVICES GENERAL
ART SUPPLY GIFT GALLERY SHOP
557.72 MONTHLY FEE 276991 80573077 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL
557.72
R55CKREG LOG20000 CITY OF EDINA
Council Check Register
12/15/2011 -12115/2011
Check # Date Amount Supplier/ Explanation PO # Doc No Inv No Account No Subledger Account Description
354404 1211612011 116114 OCE
175.67 NOV MAINTENANCE 277040 987589049 1495.6103 PROFESSIONAL SERVICES
121.75 00001229 277041 987589566 1552.6103 PROFESSIONAL SERVICES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
ART WORK SOLD
CONTRACTED REPAIRS
12113/2011 9:57:58
Page - 18
Business Unit
INSPECTIONS
CENT SVC PW BUILDING
GOLF ADMINISTRATION
ARENA ADMINISTRATION
ARENA ADMINISTRATION
ARENA ADMINISTRATION
ART CENTER REVENUES
EDINBOROUGH PARK
ONCE UPON A STAR PARTIES PARK ADMIN. GENERAL
CONTRACTED REPAIRS
CONTRACTED REPAIRS
ART WORK SOLD
CITY HALL GENERAL
CENTENNIAL LAKES
ART CENTER REVENUES
COST OF GOODS SOLD WINE
YORK SELLING
297.42
YORK SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
354405
12/15/2011
50TH ST SELLING
103578 OFFICE DEPOT
33.30
PAPER, POST -IT -NOTES
00006034 276992
1415787939
5410.6513
444.49
WIFI EQUIPMENT
277315
586677418001
5510.6513
29.82
WIFI EQUIPMENT
277316
586677419001
5510.6513
4.21
OFFICE SUPPLIES
277317
586677152001
5510.6513
511.82
354406
12/15/2011
124089 OHMANN, NANCY
151.45
ART WORK SOLD
277260
120711
5101.4413
151.45
354407
1211512011
116669 ON CALL SERVICES
2,400.00
COMPLETION OF LOADING RAMP
277151
2214
5620.6180
2,400.00
354408
12/1512011
122529 ONCE UPON A STAR
1,000.00
PRINCESS PARTY
276993
EDINAP /R12/2111
1600.4390.47
1,000.00
354409
12/15/2011
101659 ORION PEST CONTROL
379.68
PEST CONTROL
277240
70493130
1551.6180
379.68
354410
12/16/2011
100940 OWENS COMPANIES INC.
299.00
FURNACE REPAIR
00002023 277292
70845
5630.6180
299.00
354411
12115/2011
102440 PASS, GRACE
148.84
ART WORK SOLD
277261
120711
5101.4413
148.84
354412
12116/2011
100347 PAUSTIS & SONS
3,235.79
277066
8329927 -IN
5842.5513
32.25-
277067
8329531 -CM
5842.5513
2,231.03
277127
8329914 -IN
5862.5513
.01
277128
8326737 -IN
5862.5513
562.01
277129
8329921 -IN
5822.5513
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
ART WORK SOLD
CONTRACTED REPAIRS
12113/2011 9:57:58
Page - 18
Business Unit
INSPECTIONS
CENT SVC PW BUILDING
GOLF ADMINISTRATION
ARENA ADMINISTRATION
ARENA ADMINISTRATION
ARENA ADMINISTRATION
ART CENTER REVENUES
EDINBOROUGH PARK
ONCE UPON A STAR PARTIES PARK ADMIN. GENERAL
CONTRACTED REPAIRS
CONTRACTED REPAIRS
ART WORK SOLD
CITY HALL GENERAL
CENTENNIAL LAKES
ART CENTER REVENUES
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
YORK SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
VERNON SELLING
COST OF GOODS SOLD WINE
50TH ST SELLING
R55CKREG LOG20000 CITY OF EDINA 12/13/2011 9:57:58
Council Check Register Page - 19
12/15/2011
-12/15/2011
Check # Date
Amount
Supplier / Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
57.98
277349
8329096 -IN
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
6,054.57
354413 1211512011
100945 PEPSI -COLA COMPANY
415.90
277350
68751315
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
96.48
277351
74362542
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
222.75-
277352
74362524
5421.5510
COST OF GOODS SOLD
GRILL
289.63
354414 1211612011
119372 PETSMART #463
105.11
K9 SUPPLIES 00003137 276994
T-4749
4607.6406
GENERAL SUPPLIES
EDINA CRIME FUND K9 DONATION
105.11
364416 12115/2011
100743 PHILLIPS WINE & SPIRITS
4,799.91
277168
2165579
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
1,135.09
277169
2165577
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
2,807.34
277170
2165576
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING'
3.36
277171
2165575
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
128.99
277172
2165571
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
365.20
277173
2165572
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
639.11
277174
2165574
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
2.24
277175
2165573
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
1,405.52
277176
2165580
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING'
1,416.59
277177
2165581
5862.5513
_ COST OF GOODS SOLD WINE
VERNON SELLING
1,686.58
2TT178
2165582
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
39.12-
277179
3471407
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
14,350.81
354416 12/1512011
129791 PIERRE, REBECCA
75.00
WINTER CLASS REFUND
277241
120711
5511.6136
PROFESSIONAL SVC - OTHER
ARENA BLDG/GROUNDS
-
75.00
354417 12/1512011
100958 PLUNKETT'S PEST CONTROL
46.30
PEST CONTROL
277242
2699873
7411.6103
PROFESSIONAL SERVICES
PSTF OCCUPANCY
46.30
364418 1211512011
119620 POMP'S TIRE SERVICE INC.
638.09
TIRES 00005537 276903
893222
1553.6563
TIRES & TUBES
EQUIPMENT OPERATION GEN
638.09
354419 1211512011
100961 POSTMASTER - USPS
325.00
NEWSLETTER POSTAGE
277152
120811
1628.6235
POSTAGE
SENIOR CITIZENS
R55CKREG LOG20000
CITY OF EDINA
12113/2011 9:57:58
Council Check Register
Page - 20
17/15/2011
-12/15/2011
Check # Data
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger Account Description
Business Unit
325.00
354420 12116/2011
119439 QUALITY LAWN SPRINKLER SERVICE
228.90
SPRINKLER REPAIR
276904
10665
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
228.90
354421 1211512011
100971 QUALITY WINE
680.01
277068
5446450-00
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
1,262.81
277069
544708 -00
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
1,423.17
277070
544527 -00
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
468.00
277071
544528 -00
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
2,174.23
277180
544529 -00
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
1,782.06
277181
544725-00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
3,779.04
277182
544709-00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
546.00
277183
541647 -00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
388.80
277184
544710-00
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
73.60
277185
544646-00
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
852.77
277186
544530-00
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
68.43-
277187
531447 -00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
11.28-
277188
541263 -00
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
13,350.78
354422 1211612011
117692 R & B CLEANING INC.
2,009.25
RAMP STAIRWELL CLEANING
00001333 277318
1053
4090.6406
GENERAL SUPPLIES
50TH&FRANCE MAINTENANCE
2,009.25
354423 1211612011
112562 RADIO SHACK CORPORATION
92.56
WALKIE TALKIES
277319
025214
5511.6406
GENERAL SUPPLIES
ARENA BLDG/GROUNDS
92.56
354424 1211612011
100977 RICHFIELD PLUMBING COMPANY
246.85
CLEARED URINAL DRAIN
00006410 277153
58510
5210.6530
REPAIR PARTS
GOLF DOME PROGRAM
583.45
PLUMBING REPAIRS
277243
58475
1551.6180
CONTRACTED REPAIRS
CITY HALL GENERAL
830.30
364425 12/1512011
100980 ROBERT B. HILL CO.
338.18
SOFTENER SALT
00002256 277154
00260572
5620.6406
GENERAL SUPPLIES
EDINBOROUGH PARK
338.18
364426 1211612011
106171 ROSE, SARAH
55.25
ART WORK SOLD
277262
120711
5101.4413
ART WORK SOLD
ART CENTER REVENUES
55.25
12/13/2011 9:57:58
Page - 21
Business Unit
EQUIPMENT OPERATION GEN
MAINT OF COURSE & GROUNDS
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
ANIMAL CONTROL
ART CENTER REVENUES
FIRE DEPT. GENERAL
MINNEHAHA WOODS RECON.
MINNEHAHA WOODS RECON
MINNEHAHA WOODS RECON
BA -334 MINNEHAHA WOODS RECON
WESTCHESTER KNOLLS NEIGHBORHOO
ART CENTER REVENUES
CENTRAL SERVICES GENERAL
ART CENTER REVENUES
CITY OF EDINA
R55CKREG LOG20000
Council Check Register
12/15/2011
—12/1512011
Check #
Date
Amount
Supplier/ Explanation
PO # Doc No
Inv No
Account No
Subledger. Account Description
364427
12116/2011
100988 SAFETY KLEEN
113.07
RECYCLE PARTS WASHER
00005656 276905
925541486
1553.6530
REPAIR PARTS
80.79
USED FILTERS
276995
56501326
5422.6182
RUBBISH REMOVAL
193.86
354428
1211512011
100980 SCHARBER & SONS
374.06
OIL COOLER
00005666 276906
1089096
1553.6585
ACCESSORIES
769.50
OIL COOLER
00005680 277155
1089270
1553.6585
ACCESSORIES
1,143.56
354429
1211612011
129796 SCHROER MFG. CO.
259.20
ANIMAL STRETCHERS
.277293
381013
1450.6406
GENERAL SUPPLIES
259.20
364430
1211612011
108694 SCHWALM, ELISABETH
70.20
ART WORK SOLD
277263
120711
5101.4413
ART WORK SOLD
70.20
354431
1211512011
103970 SEEGER, MICHAEL
35.00
CLASS B DRIVERS LICENSE
277294
120811
1470.6260
LICENSES & PERMITS
35.00
364432
12116/2011
100996 SEH
10,613.52
MINNEHAHA WOODS RECON
277042
250637
03460.1705.21
CONSULTING INSPECTION
11,269.18
MINNEHAHA WOODS RECON
277042
250637
04375.1705.21
CONSULTING INSPECTION
22,692.04
MINNEHAHA WOODS RECON
277042
250637
05511.1705.21
CONSULTING INSPECTION
23,153.05
MINNEHAHA WOODS RECON
277042
250637
01334.1705.21
CONSULTING INSPECTION
1,375.88
RICHMOND HILLS IMPROV
277043
250638
01388.1705.20
CONSULTING DESIGN
69,103.67
354433
12H6/2011
102870 SEIFERT, ELIZABETH
55.25
ART WORK SOLD
277266
120711
5101.4413
ART WORK SOLD
55.25
354434
12116/2011
104689 SERIGRAPHICS SIGN SYSTEMS INC.
92.92
CUSTOM SIGNAGE
277244
42495
1550.6406
GENERAL SUPPLIES
92.92
354435
12/1512011
101380 SHAUGHNESSY, SANDRA
175.50
ART WORK SOLD
277264
120711
5101.4413
ART WORK SOLD
175.50
12/13/2011 9:57:58
Page - 21
Business Unit
EQUIPMENT OPERATION GEN
MAINT OF COURSE & GROUNDS
EQUIPMENT OPERATION GEN
EQUIPMENT OPERATION GEN
ANIMAL CONTROL
ART CENTER REVENUES
FIRE DEPT. GENERAL
MINNEHAHA WOODS RECON.
MINNEHAHA WOODS RECON
MINNEHAHA WOODS RECON
BA -334 MINNEHAHA WOODS RECON
WESTCHESTER KNOLLS NEIGHBORHOO
ART CENTER REVENUES
CENTRAL SERVICES GENERAL
ART CENTER REVENUES
R55CKREG LOG20000
CITY OF :EDINA
i
12/13/2011957:58_ - - -- .. _._
Council Check Register ' ?
Page - 22 .Y
12115/2011
- 12/15/2011
Check # Date
Amount
Supplier / Explanation PO #
Doc No
Inv No
Account No.- -'
Subledger Account Description
Business Unit
364436 1211512011
127519 SIEGEL, LISA
78.49
ART WORK SOLD
277265
120711
5101.4413
ART WORK SOLD
ART CENTER REVENUES
78.49
354437 12116/2011
101000 SIR SPEEDY
I
536.89
EMPLOYMENT APPLICATIONS
276907
70403
1120.6406
GENERAL SUPPLIES
ADMINISTRATION
536.89
354438 1211512011
127878 SOUTHERN WINE AND SPIRITS
--
96.50
277072
1649536
5822.5513 _
COST OF GOODS SOLD WINE
50TH ST SELLING;
661.50
277073
- 1680454.
5822.5513:'
COST OF GOODS SOLD WINE
50TH ST SELLING!
80.24
277074;
1640757
5842.5515:-
COST OF GOODS SOLD MIX
YORK SELLING
1,197.41
-
277189
. 1645546
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING, _
40.62
277.190
1161165
5842.5515
COST-OF GOODS SOLD MIX.
YORK SELLING
995.37
277191
. 1641337
5842.5512
-COST OF GOODS -SOLD LIQUOR
YORK SELLING .
120.95-
277192
1161164
5862.5512
COST OF GOODS SOLD LIQUOR
VERNON SELLING
631.02
277193
1645539
58625512
COST OF GOODS SOLD LIQUOR
i
VERNON SELLING
2,048.52
-
277194
1649537
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
2,165.00
277195
1680453
5662.5513, '
COST OF GOODS SOLD WINE
VERNON SELLING
1,146.61
277353
1645548
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING,
1,018.00
277354
: 1680452
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
145.00
277355
1649539
5842:5513
COST.OF GOODS SOLD WINE
YORK SELLING
79.68
277356
1646652
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
.50
277357
1648584
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
10,185.02
364439 12115120.11
129746 ST LOUIS PARK DQ GRILL AND CHI
15.99
ICE CREAM CAKE
277156
575
5620.5510
COST OF GOODS SOLD
EDINBOROUGH PARK
15.99
364440 1211512011
100660 STANLEY SECURITY SOLUTIONS INC
703.68
LOCKSETS
277320
CH- 567034
5511.6103
PROFESSIONAL SERVICES
ARENA BLDG/GROUNDS
703.68
354441 12/1512011 117688 STAPLES ADVANTAGE
106.41 CARTRIDGE
106.41
364442 12115/2011 129793 STOLT, PETER
150.00 UTILITY OVERPAYMENT REFUND
150.00
277245 111388683 1550.6406
277246 '4616 TOWER ST 5900.2015
GENERAL SUPPLIES
CUSTOMER REFUND
CENTRAL'SERVICES GENERAL
UTILITY BALANCE SHEET
53.00
BEER LINE CLEANING
276997
842727
53.00
CITY OF EDINA
1551.6103
12113/20119:57:58
R65CKREG LOG20000
106982 T.P.C. LANDSCAPE
PROFESSIONAL SERVICES
CITY HALL GENERAL
266.85
SIDEWALK SNOW REMOVAL
277247
416068
124.00
VERNON SELLING
277248
416174
402.50
Council Check Register
277249
Page - 23
793.35
364460 12116/2011
12/15/2011
-12115/2011
64.00
Check #
Date
Amount
- Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
364443
1211512011
1,669.20
112668 STONEBROOKE EQUIPMENT INC.
277359
666920
33.50
277360
00740491
587.76
SNOW PLOW MAINTENANCE 00001276 276996
20853
1647.6180
CONTRACTED REPAIRS
PATHS & HARD SURFACE
587.76
354444
1211512011
101016 STREICHERS
1,122.51
TRAINING AMMO
277295
1885329
1400.6104
CONFERENCES & SCHOOLS
POLICE DEPT. GENERAL
1,122.51
354445
1211512011
100900 SUN NEWSPAPERS
38.61
PUBLISH NOTICE
277157
1350912
1120.6120
ADVERTISING LEGAL
ADMINISTRATION
38.61
PUBLISH NOTICE
277158
1350911
1120.6120
ADVERTISING LEGAL
ADMINISTRATION
77.22
354446
12115/2011
129758 SUNSHINE LANDSCAPE & IRRIGATIO
89.35
IRRIGATION REPAIRS
276908
103421
01367.1705.21
CONSULTING INSPECTION
BA -367 W70TH TRAFFIC IMPLEMENT
89.35
354447
1211512011
120998 SURLY BREWING CO.
922.00
277075
VO01004
5822.5514
COST OF GOODS SOLD BEER
50TH ST SELLING
1,906.00
277076
VO01007
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
972.00
277358
VO01040
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
53.00
BEER LINE CLEANING
276997
842727
53.00
CITY HALL GENERAL
1551.6103
PROFESSIONAL SERVICES
354449 12/1612011
106982 T.P.C. LANDSCAPE
PROFESSIONAL SERVICES
CITY HALL GENERAL
266.85
SIDEWALK SNOW REMOVAL
277247
416068
124.00
VERNON SELLING
277248
416174
402.50
277249
416225
793.35
364460 12116/2011
101536 THOMPSON, SCOTT
64.00
UNIFORM PURCHASE
276998
113011
64.00
364451 1211512011
101035 THORPE DISTRIBUTING COMPANY
1,669.20
277359
666920
33.50
277360
00740491
1,702.70
5421.6102
CONTRACTUAL SERVICES
GRILL
1551.6103
PROFESSIONAL SERVICES
CITY HALL GENERAL
1551.6103
PROFESSIONAL SERVICES
CITY HALL GENERAL
1551.6103
PROFESSIONAL SERVICES
CITY HALL GENERAL
1400.6203
UNIFORM ALLOWANCE
POLICE DEPT. GENERAL
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
R55CKREG LOG20000
CITY, OF EDINA
Council Check Register+
12115/2011
- 12115/2011'
Check #
Date
Amount
Supplier / Explanation PO #
Doc No
Inv No
Account No -
Subledger Account Description
354462
1211612011
120700 TIGER OAK PUBLICATIONS INC.
291.66
MAGAZINE ADVERTISING
276999
2011 -56463 -
5862.6122
ADVERTISING OTHER
291.67
MAGAZINE ADVERTISING
276999
2011 -56463
5822.6122.
ADVERTISING OTHER
291.67
MAGAZINE ADVERTISING
276999
2011 =56463 '
5842.6122 '
ADVERTISING OTHER
875.00
364453
1211512011
123129 TIMESAVER OFF SITE SECRETARIAL
231.25
DRAFT COUNCIL MINUTES 11115
276909
18750
1120.6103
PROFESSIONAL SERVICES
231.25
364464
1211512011
102742 TKDA ENGINEERS ARCHITECTS PLAN
537.16
FRANCE AVE SIDEWALK PROJ
276910
002011003144
07101.1765.21
CONSULTING INSPECTION
537.16
354465
12/1512011
101038 -TOLL GAS & WELDING SUPPLY
-
19.32
WELDING GAS 00005657. 276911.
,
1553.6580
WELDING SUPPLIES
272.53
LEASE RENEWAL 00001284 277000
723079
1646.6103
PROFESSIONAL SERVICES
40.68
WELDING SUPPLIES
277296 -:
433100
5630.6406
GENERAL SUPPLIES
332.53
354456
12116/2011
129507 TORVUND,'DOUGLAS
601.50
ELECTRICAL INSPECTIONS
277250
111511 ..
1495.4113
ELECTRICAL PERMITS
1,374.00
277251
120.811
1495:4113
ELECTRICAL PERMITS
1,975.50
354457
12116/2011
124757 TOSHIBA FINANCIAL SERVICES
211.83
COPIER USAGE
277252
192265866-
7410.6575
PRINTING
211.83
354458
1211512011
101693 TOTAL REGISTER SYSTEMS'
14.25
MONTHLY FTP FOLDER
277001
27236
5820.6160
DATA PROCESSING
14.25
MONTHLY FTP FOLDER
277001-
.27236 - _ _
5840.6160
DATA PROCESSING
14.25
MONTHLY FTP FOLDER
277001`'
27236
5860.6160
DATA PROCESSING
42.75
354459
12115/2011
101774 TOWN & COUNTRY FENCE
11,655.00
REMOVE OLD/INSTALL NEW FENCII00D01277 277002
.919815
1647.6103
PROFESSIONAL SERVICES
11,655.00
364460
1211612011
104064 TRANS UNION LLC
24.80
BACKGROUND CHECKS
277297
11120973
1400.6103 _
PROFESSIONAL SERVICES
J
12/,13/2011 9:57:58
Page - 24
Business Unit
VERNON SELLING
50TH ST SELLING
YORK SELLING
i
ADMINISTRATION!
S101 FRANCE AVE 48TH - SUNNYSIDE
EQUIPMENTOPERATION GEN
BUILDING MAINTENANCE
CENTENNIAL LAKES
INSPECTIONS
INSPECTIONS
i
PSTF ADMINISTRATION
50TH STREET GENERAL
LIQUOR YORK GENERAL.
VERNON LIQUOR GENERAL
PATHS & HARD SURFACE
i
POLICE DEPT. GENERAL
R55CKREG LOG20000
POLICE DEPT. GENERAL
CONTRACTED REPAIRS
CITY OF EDINA
GENERAL SUPPLIES
CENT SVC PW BUILDING
GENERAL SUPPLIES
CENT SVC PW BUILDING
Council Check Register
12115/2011
—12115/2011
Check #
Date
Amount
Supplier/ Explanation PO # Doc No
—
Inv No
Account No
24.80
354461
1211512011
116536 TRAVELERS
3,163.66
DEDUCTIBLE 277003
000396591
1550.6103
3,163.66
364462
1211512011
123969 TWIN CITIES OCCUPATIONAL HEALT
224.40
FITNESS FOR'DUTY EXAM 277159
101858111
1400.6175
224.40
364463
1211512011
106168 TWIN CITIES TRANSPORT & RECOVE
187.73
HEAVY DUTY TOW 00005658 276912
384047
1553.6180
167.73
354464
12115/2011
101360 'TWIN CITY HARDWARE CO. .
170.00
LOCK REPAIR 277044
488597
1552.6406
836.47
STEEL DOOR, FRAME, HINGES 00001307 277160
491484
1552.6406
1,006.47
354465
12/1512011
116379 U.S. BANK
17.90
NET ZERO 277253
120211
1500.6103
38.20
INTERNET 277253
120211
1550.6155
56.10
354466
1211512011
101053 UNITED ELECTRIC COMPANY
51.20
ELEC CONN 00001234 277004
697342
1400.6215
51.20
364467
1211512011
122221 UNITED RENTALS NORTHWEST INC.
1,181.62
EQUIPT FOR SOT TRAINING 277298
100111172 -001
1470.6104
425.22
OIL, SOCKETS, WASHERS 00001337 277321
96347820 -001
1314.6180
2,003.91
ELECTRIC HAMMER 00001337 277322
100076536-001
1314.6180
590.00
CORDLESS BATTERIES 00001337 277323
100076444-001
1314.6180
4,200.75
364468
1211512011
101056 UNIVERSITY OF MINNESOTA _
1,200.00
BLDG OFFICIALS INSTITUTE 277254
120111
1495.6104
1,200.00
354469
12/1512011
103298 UPS STORE #1716, THE
13.06
SHIPPING CHARGE 00004389 276913
TRAN:8533
5510.6513
13.06
Subledger Account Description
Business Unit
12/13/2011 9:57:58
Page - 25
PROFESSIONAL SERVICES CENTRAL SERVICES GENERAL
PHYSICAL EXAMINATIONS
POLICE DEPT. GENERAL
CONTRACTED REPAIRS
EQUIPMENT OPERATION GEN
GENERAL SUPPLIES
CENT SVC PW BUILDING
GENERAL SUPPLIES
CENT SVC PW BUILDING
PROFESSIONAL SERVICES CONTINGENCIES
BANK SERVICES CHARGES CENTRAL SERVICES GENERAL
EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL
CONFERENCES 8 SCHOOLS
FIRE DEPT. GENERAL
CONTRACTED REPAIRS
STREET RENOVATION
CONTRACTED REPAIRS
STREET RENOVATION
CONTRACTED REPAIRS
STREET RENOVATION
CONFERENCES & SCHOOLS INSPECTIONS
OFFICE SUPPLIES ARENA ADMINISTRATION
R55CKREG LOG20000
12115/2011
119454 VINOCOPIA
CITY OF EDINA
12113/2011 9:57:58
5.00
277361
Council Check Register
5822.5515
Page - 26
162.00
277362
0048912 -IN
12/15/2011
- 12/15/2011
106.50
Check #
Date
Amount
Supplier I Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
364470
1211512011
364476
101908 US FOODSERVICE INC
100023 VOGEL, ROBERT C.
118.21
CONSULTING SERVICES
277010
43805514 -11/11
5421.6511
CLEANING SUPPLIES
GRILL
1,500.00
154.93
277010
43805514 -11/11
5421.6406
GENERAL SUPPLIES
GRILL
3,480.58
277010
43805514 -11/11
5421.5510
COST OF GOODS SOLD
GRILL
5620.6406
3,753.72
750.59
POINSETTIAS
277165
225272
5620.6620
364471
12116/2011
100410 USA MOBILITY WIRELESS INC.
354477
1211612011
102642 WALKER PARKING CONSULTANTS INC
13.25
PAGER
277255
U6096083L
1550.6188
TELEPHONE
CENTRAL SERVICES GENERAL
01242.1705.20
13.25
1,002.88
JERRY'S RAMP PROJ
277046
21370500005
1375.6103
354472
1211512011
101058 VAN PAPER CO.
354478
12115/2011
121042 WALLACE CARLSON PRINTING
53.79
WINDEX
277161
217909 -01
5862.6406
GENERAL SUPPLIES
VERNON SELLING
128.04
CAN LINERS, BOWL CLEANER
277162
217909 -00
5862.6406
GENERAL SUPPLIES
VERNON SELLING
475.29
LIQUOR BAGS
277162
217909 -00
5862.6512
PAPER SUPPLIES
VERNON SELLING
657.12
354473
1211512011
126327 VINOANDES
572.35
277196
WEB000436
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
354474
12115/2011
119454 VINOCOPIA
5.00
277361
0048914 -IN
5822.5515
162.00
277362
0048912 -IN
5822.5512
106.50
277363
0048913 -IN
5822.5513
273.50
364476
12116/2011
100023 VOGEL, ROBERT C.
1,500.00
CONSULTING SERVICES
277163
211025
1140.6103
1,500.00
354476
12/15/2011
102886 WAGNERS
60.53
TREES
277164
111239
5620.6406
750.59
POINSETTIAS
277165
225272
5620.6620
811.12
354477
1211612011
102642 WALKER PARKING CONSULTANTS INC
2,163.92
50TH & FRANCE PROJECT
277045
21377800002
01242.1705.20
1,002.88
JERRY'S RAMP PROJ
277046
21370500005
1375.6103
3,166.80
354478
12115/2011
121042 WALLACE CARLSON PRINTING
COST OF GOODS SOLD MIX 50TH ST SELLING
COST OF GOODS SOLD LIQUOR 50TH ST SELLING
COST OF GOODS SOLD WINE 50TH ST SELLING
PROFESSIONAL SERVICES PLANNING
GENERAL SUPPLIES
TREES, FLOWERS, SHRUBS
CONSULTING DESIGN
PROFESSIONAL SERVICES
EDINBOROUGH PARK
EDINBOROUGH PARK
A -242 50TH & FRANCE STRTSCAPE
PARKING RAMP
354480 1211512011 101312 WINE MERCHANTS
3,152.72
.56
1,130.61
364482 1211612011
4,371.68
277201
388525
5862.5513
CITY OF EDINA
388523
R55CKREG LOG20000
277203
388524
5842.5513
277204
388522
5822.5513
3,529.20
Council Check Register
670667
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
12/15/2011 - 12/15/2011'
277079
Check # Date Amount
Supplier / Explanation PO #
Doc No
Inv No' Account No
Subledger Aecount'Description
1,773.06
WINTER SCHEDULE
277006-
46131 - 5110.6575
PRINTING
137.87
MEMBERSHIP CARDS
277007
46176 5110.6575
PRINTING
1,910.93
354479 12115/2011
101033 WINE COMPANY, THE
114.15
277082
670660
3,181.88
COST OF GOODS SOLD MIX
277197
286820 -00 5862.5513
COST OF GOODS SOLD WINE
553.90
5842.5512
277198
286678 -00 5822.5513
COST OF GOODS SOLD WINE
32.00-
668166
277199
285420 -00 5862.5513
COST OF GOODS SOLD WINE
581.80-
277085
277200
286314 -00 5862.5513
COST OF GOODS SOLD WINE
598.98
1,057.25
277364
287071 -00 5842.5513
COST OF GOODS SOLD WINE
1,566.77
YORK SELLING
277365
286680 -00 5842.5513
COST OF GOODS SOLD WINE
400.00
COST OF GOODS SOLD MIX
277366
286569 -00 5842.5513
COST OF.GOODS SOLD WINE
5,687.73
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
41.05
354480 1211512011 101312 WINE MERCHANTS
3,152.72
.56
1,130.61
364482 1211612011
4,371.68
277201
388525
5862.5513
277202
388523
5862.5513
277203
388524
5842.5513
277204
388522
5822.5513
COST OF GOODS SOLD WINE
COST OF GOODS SOLD WINE
COST OF GOODS SOLD WINE
COST OF GOODS SOLD WINE
12/13/2011 9:57:58
Page- 27
Business Unit
ART CENTER ADMINISTRATION
ART CENTER ADMINISTRATION
VERNON SELLING
50TH ST SELLING
VERNON SELLING
VERNON SELLING
YORK SELLING
YORK SELLING
YORK SELLING
VERNON SELLING
VERNON SELLING
YORK SELLING
50TH ST SELLING
124291 WIRTZ BEVERAGE MINNESOTA
55.95
277077
670668
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
3,529.20
277078
670667
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
3,211.91
277079
668303
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
3,227.15
277080
668302
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
7,598.71
277081
670659
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
114.15
277082
670660
5862.5515
COST OF GOODS SOLD MIX
VERNON SELLING
4,808.23
277083
670664
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
263.61
277084
668166
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
570.30
277085
668180
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
1,057.25
277086
670665
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
126.87
277087
670666
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
2,095.23
277205
670662
5822.5513
COST OF GOODS SOLD WINE
50TH ST SELLING
41.05
277206
670663
5822.5515
COST OF GOODS SOLD MIX
50TH ST SELLING,
4,758.20
277207
670658
5862.5512
COST OF GOODS SOLD .'LIQUOR
VERNON SELLING'
48.00-
277208
848100
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
113.08-
277209
847359
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
149.15- 1
277210
848333
5842.5512
COST OF GOODS SOLD LIQUOR
YORK SELLING
125.36
277367
671519
5822.5512
COST OF GOODS SOLD LIQUOR
50TH ST SELLING
48.00-
277368
848444
5862.5513
COST OF GOODS SOLD WINE
VERNON SELLING
12.00-
277369
848446
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
R55CKREG LOG20000 CITY OF EDINA 12/13/2011 9:57:58
Council Check Register Page - 28
12115/2011 —12115/2011
Check # Date
Amount
Supplier/ Explanation PO #
Doc No
Inv No
Account No
Subledger Account Description
Business Unit
8.00-
277370
848445
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
50.35-
277371
848335
5842.5513
COST OF GOODS SOLD WINE
YORK SELLING
31,154.59
354483 12115/2011
124529 WIRTZ BEVERAGE MINNESOTA BEER
1,522.80
277088
832856
5862.5514
COST OF GOODS SOLD BEER
VERNON SELLING
3,298.15
277089
833329
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
64.50
277090
833330
5842.5515
COST OF GOODS SOLD MIX
YORK SELLING
2,598.91
277372
835131
5842.5514
COST OF GOODS SOLD BEER
YORK SELLING
7,484.36
354484 1211512011
123216 WOOD, GAYLE
15.45
REPAIR INVISIBLE FENCE
277256
146508
01355.1705.20
CONSULTING DESIGN
BA -355 GOLF TERRACE N'HOOD
15.45
354485 12/1512011
116774 WOODLAKE NATURE CENTER
300.00
SPONSORSHIP
277166
BRAEMAR GC
5410.6122
ADVERTISING OTHER
GOLF ADMINISTRATION
300.00
354486 1211612011
105740 WSB & ASSOCIATES INC.
210.00
TRAFFIC ENGINEERING REVIEW
276914
37 -01686 -020
1265.6103
PROFESSIONAL SERVICES
TRANSPORTATION COMMISSION
1,742.00
VALLEY VIEW RD STUDY
276915
3 -01686 -220
01238.1705.20
CONSULTING DESIGN
A -238 TRANSIT LIVABLE COMM TLC
73.12
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
03457.1705.20
CONSULTING DESIGN
SS-457 W70TH TS IMPLEMENTATION
487.46
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
05503.1705.20
CONSULTING DESIGN
WM-503 W70TH ST TRAFFIC STUDY
974.92
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
06043.1705.20
CONSULTING DESIGN
TS -43 W 70TH ST RECON
1,048.04
70TH ST CONSTRUCTION SERV
277047
13-01686 -180
08057.1705.20
CONSULTING DESIGN
L -57 W 70TH ST RECON
1,194.28
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
06044.1705.20
CONSULTING DESIGN
TS-44 W 70TH ST RECON
2,388.55
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
04369.1705.21
CONSULTING INSPECTION
STS -369 W 70TH STREET
18,206.63
70TH ST CONSTRUCTION SERV
277047
13- 01686 -180
01367.1705.20
CONSULTING DESIGN
BA -367 W70TH TRAFFIC IMPLEMENT
115.43
70TH ST CONSTRUCTION SERV
277048
12- 01686 -180
03457.1705.20
CONSULTING DESIGN
SS-457 W70TH TS IMPLEMENTATION
769.55
70TH ST CONSTRUCTION SERV
277048
12- 01686 -180
05503.1705.20
CONSULTING DESIGN
WM -503 W70TH ST TRAFFIC STUDY
1,539.10
70TH ST CONSTRUCTION SERV
277048
12- 01686 -180
06043.1705.20
CONSULTING DESIGN
TS-43 W 70TH ST RECON
1,654.53
70TH ST CONSTRUCTION SERV
277048
12 -01686 -180
08057.1705.20
CONSULTING DESIGN
L -57 W 70TH ST RECON
1,885.40
70TH ST CONSTRUCTION SERV
277048
12 -01686 -180
06044.1705.20
CONSULTING DESIGN
TS-44 W 70TH ST RECON
3,770.80
70TH ST CONSTRUCTION SERV
277048
12- 01686- 180
04369.1705.20
CONSULTING DESIGN
STS -369 W 70TH STREET
28,742.69
70TH ST CONSTRUCTION SERV
277048
12- 01686 -180
01367.1705.20
CONSULTING DESIGN
BA -367 W70TH TRAFFIC IMPLEMENT
1,234.23
44TH ST IMPROVEMENTS
277049
13- 01686 -170
06045.1705.21
CONSULTING INSPECTION
TS-45 W 44TH ST RECON
1,517.49
44TH ST IMPROVEMENTS
277049
13- 01686 -170
03466.1705.21
CONSULTING INSPECTION
SS-466 W 44TH ST RECON
6,069.96
44TH ST IMPROVEMENTS
277049
13-01686- 170
04381.1705.21
CONSULTING INSPECTION
INTERLACHEN BLVD SIDEWALK
13,434.84
44TH ST IMPROVEMENTS
277049
13 -01686 -170
05516.1705.21
CONSULTING INSPECTION
W 44TH ST RECON
28,326.48
44TH ST IMPROVEMENTS
277049
13- 01686 -170
01383.1705.21
CONSULTING INSPECTION
BA -383 W44TH ST
870.52
44TH ST IMPROVEMENTS
277050
14 -01686 -170
06045.1705.21
CONSULTING INSPECTION
TS-45 W 44TH ST RECON
CITY OF EDINA
12/13/2011 9:57:58
R55CKREG LOG20000
Council Check Register
Page - 29
12/15/2011
-12/15/2011
Check #
Date Amount
Supplier/ Explanation
PO # Doc No
Inv No
. Account No
Subledger Account Description
Business Unit
1,070.31
44TH ST IMPROVEMENTS
277050
14-01686 -170
03466.1705.21
CONSULTING INSPECTION
SS-466 W 44TH ST RECON
4,281.24
44TH ST IMPROVEMENTS
277050
14- 01686- 170,
04381.1705.21
CONSULTING INSPECTION
INTERLACHEN BLVD SIDEWALK
9,475.81
44TH ST IMPROVEMENTS
277050
14 -01686 -170
05516.1705.21
CONSULTING INSPECTION
W 44TH ST RECON
19,979.12
44TH ST IMPROVEMENTS
277050
14 -01686 -170
01383.1705.21
CONSULTING INSPECTION
BA -383 W44TH ST
415.74
DRIVER FEEDBACK SIGNS
277051
1- 05011 -008
06043.1705.31
MATERIALS/SUPPLIES
TS-43 W 70TH ST RECON
151,478.24
354487
1211512011
101726 XCEL ENERGY
18.09
51- 4151897 -6
276916
305511473
1646.6185
LIGHT & POWER
BUILDING MAINTENANCE
296.61
51- 6137136 -8
- 276917
305700999
5430.6185
LIGHT & POWER
RICHARDS.GOLF COURSE
3,562.88
51- 6121102 -5
276918
305864195
1646.6185
LIGHT & POWER
BUILDING MAINTENANCE
795.64
51- 6979948 -4
276919
305557571
5821.6185
LIGHT & POWER
50TH ST OCCUPANCY
1,033.31
51- 6979948 -4
276919
305557571
5861.6185
LIGHT & POWER
VERNON OCCUPANCY
1,344.18
51- 6979948 -4
276919
305557571
5841.6185
LIGHT & POWER
YORK OCCUPANCY
41.31
51- 7567037 -0
276920
305563671
1321.6185
LIGHT & POWER
STREET LIGHTING, REGULAR
3,417.26
51- 6621207 -1
276921
305710090
5913.6185
LIGHT & POWER
DISTRIBUTION
226.55
51- 9013604-66
276922
305743511
5913.6185
LIGHT & POWER
DISTRIBUTION
4,626.05
51- 4966303-0
276923
305524184
1330.6165
LIGHT & POWER
TRAFFIC SIGNALS
3,043.80
51- 6840050-0
277167
306045369
5921.6185
LIGHT & POWER
SANITARY LIFT STATION MAINT
4,885.34
51- 6824328 -7
277324
306398501
5420.6185
LIGHT & POWER
CLUB HOUSE
23,291.02
354488
1211512011
100568 XEROX CORPORATION
184.08
NOV USAGE - PARK & REC
00004322 276924
058626112
1550.6151
EQUIPMENT RENTAL
CENTRAL SERVICES GENERAL
38.23
NOV USAGE - BLDG/ENG
00004322 276925.
058626111
1550.6151
EQUIPMENT RENTAL
CENTRAL SERVICES GENERAL
222.31
354489
1211512011
119647 YOCUM OIL COMPANY INC.
5,591.58
UNLEADED FUEL
00001200 276926
464758
1553.6581
GASOLINE
EQUIPMENT OPERATION GEN
13,588.06
UNLEADED GAS
00001200 277052
466599
1553.6581
GASOLINE
EQUIPMENT OPERATION GEN
19,179.64
354490
1211512011
129759 YORK INTERNATIONAL CORP.
144.63
MOTOR, PLATE VENT
00001246 277008
6978727 -00
5111.6530
REPAIR PARTS
ART CENTER BLDG/MAINT
21.20
SPACERS
00001246 277009
6978869-00
5111.6530
REPAIR PARTS
ART CENTER BLDG/MAINT
165.83
354491
1211512011
101091 ZIEGLER INC
450.00
GENERATOR MAINTENANCE
277257
E6395932
1551.6180
CONTRACTED REPAIRS
CITY HALL GENERAL
450.00
1,032,333.74
Grand Total
Payment Instrument Totals
R55CKREG LOG20000 CITY OF EDINA , •.
Council Check Register'.
12/15/2011 — 12115/2011
Check # Date Amount Supplier l Explanation PO # Doc No Inv No .`- -Account No Subledger Account Description
Check Total 1,032,333.74
Total Payments 1,032,333.74
12/13/2011 9:57:58
Page - 30
Business Unit
R55CKSUM LOG20000 CITY OF EDINA 12113/2011 9:58:35
Council Check Summary Page - 1
Company
01000 GENERAL FUND
02200. - COMMUNICATIONS FUND
02300 _POLICE SPECIAL REVENUE
04000 WORKING CAPITAL FUND
04200 EQUIPMENT REPLACEMENT FUND
04800 CONSTRUCTION FUND
05100 ART CENTER FUND
05200 GOLF DOME FUND
05300 AQUATIC CENTER FUND
05400 GOLF COURSE FUND
05500 ICE ARENA FUND
05600 EDINBOROUGH/CENT LAKES FUND
05800 LIQUOR FUND
05900 UTILITY FUND
05930 STORM SEWER FUND
05950 RECYCLING FUND
07400 PSTF AGENCY FUND
12/15/2011 - 12/15/2011
Amount
156,256.79
8,021.95
606.44
124,836.87
18, 895.50
24,751.30
4,431.30
299.93
85.35
21,158.79
4,710.26
10,977.87
192,273.29
133,940.23
34,116.47
38,820.60
258,150.80
Report Totals 1,032,333.74
We confirm to the best of our knowledge
and belief, that these claims
comply in all material respects
with the requirements of the City
of Edina purchasing poll 'as qnd
procedures da ;U -
=._.
f
CITY OF EDINA
CITY COUNCIL1 CREDIT CARD PAYMENT REGISTER
9/27/11 - 10/25/11
Card Holder lerchar Account
Name Trans Date Amount Purchase Discription Merchant Name.: - Merchant City State. Code
WAYNE HOULE
2011/09/27
$167.84
BRACKET FOR TRUCK
WAYNE HOULE
2011/09/28
$25.00
REGISTRATION
WAYNE HOULE
2011/10/03
$275.002
REGISTRATION
WAYNE HOULE
2011/10/03
$92.70
REGISTRATION
WAYNE HOULE
2011/10/04
$38.46
TRAINING LODGING
WAYNE HOULE
2011/1',0/04
$38.46
TRAINING LODGING
WAYNE HOULE
2011/1'0/05
$2,351.24
HOT WATER PRESSURE WASHER
WAYNE HOULE
2011/1,0/05
$191.70
LODGING TRAINING
WAYNE HOULE
2011/1'0/11
$,173.00
MEMBERSHIP
WAYNE HOULE
2011/1,0/14
$223.05•-
LADDER RACK
WAYNE HOULE
2011/1',0/19
$296:05
HOSE ASSEMBLY
WAYNE HOULE
2011/110/19,
$300.00
TRAINING
WAYNE HOULE
2011/110/20
$16.40
CABINET LOCK
WAYNE HOULE
2011/1'0/21
$265:00
TRAINING
WAYNE HOULE
2011/10/21
$112.63
CAB FLOOR, CAULK, SEALER
JOHN KEPRIOS
2011/09/28
$35.61
EQUIPMENT RENTAL
JOHN KEPRIOS
2011/09/30
$707.97
FURNISHINGS .
JOHN KEPRIOS
2011/10/03
$20.97
CONCESSION EQUIPMENT
JOHN KEPRIOS
2011/10/03
$600:00
CONCESSION EQUIPMENT
JOHN KEPRIOS
2011/10/03
$140.40
ADAPTIVE REC PROGRAM
JOHN KEPRIOS
2011/10/06
($150.99)
CONCESSION EQUIPMENT
JOHN KEPRIOS
2011/10/06
$325:75
NOVELTY ITEMS
JOHN KEPRIOS
2011/10/06
$139.00
UTILITY TROLLEY
JOHN KEPRIOS
2011/10/06
$647.94
ARTIST LODGING
JOHN KEPRIOS
2011/1`0/12
$100.00
POSTAGE
JOHN KEPRIOS
2011/10/13
$51:34-
- ADAPTIVE REC PROGRAM
JOHN KEPRIOS
2011/10/13
$75.65
ADAPTIVE REC PROGRAM
JOHN KEPRIOS
2011/10/18
($16.99)
ADAPTIVE REC PROGRAM
JOHN KEPRIOS
2011/10/18
$135.20
ADAPTIVE REC PROGRAM
JOHN KEPRIOS
2011/10/19
$1,219.93
ADVERTISING SERVICES
DIAMOND ROLLUP DOOR 1 419 - 294 -3373 OH 1553.6585
MINNESOTA FALL EXPO
6513517432
MN
1281.6104
MINNESOTA FALL EXPO
6513517432
MN
1281.6104
TWIN CITY AREA LABOR M
612 -676 -3725
MN
1281.6104
AMERICAS BEST VALUE INN HINCKLEY
MN
1281.6104
AMERICAS'$EST VALUE INN HINCKLEY
MN
1281.6104
NOR *NORTHERN -TOOL
800- 222 -5381
MN
421553.6710
THE EAGLE INN
HINCKLEY
MN
1640.6104
AMERICAN WATERWORKS
800 - 926 -7337
CO
5913.6105
VANTECH
718 -497 -3482
NY
1553.6530
CUSTOM HOSE TECH INC
952 - 888 -5580
MN
1553.6530
AGGREGATE-READY MIX A:952- 707 -1250
MN
1260.6104
ROCKLER WOODWORK 014 MINNETONKA
MN
1551.6104
MN ELECTRICAL ASSOC
612 - 827 -6117
MN
1281.6104
RAYBUCK AUTOBODY PART 814- 938 -5248
PA
1553.6530
PB METER REN *TAL
800 - 228 -1071
CT
5621.6235
HOMEGOODS #323
EDEN PRAIRIE
MN
5410.6406
COOKS DIRECT
WARRENVILLE
IL
5620.6406
COOKS DIRECT
WARRENVILLE
IL
5620.6406
BRUNSWICK ZONE EDEN PF`EDEN
PRAIRIE
MN
1629.6406
COOKS DIRECT
WARRENVILLE
"IL
5620.6406
RHODE ISLAND NOVELTY
800 - 528 -5599
RI
5620.6406
AMAZON MKTPLACE PMTS
AMZN.COM /BILI
WA
1600.6406
FOUR POINTS HOTEL
RICHFIELD
MN
5110.6104
PITNEYBOWES- POSTAGE
800 -468 -8454
CT
5621.6235
TARGET 00023135
EDINA
MN
1629.6406
MICHAELS #3739
BLOOMINGTON MN
1629.6406
TARGET. 00023135
EDINA
MN
1929.6406
BRUNSWICK ZONE EDEN Pf
EDEN PRAIRIE
MN
1629.6406
ABOVE ALL ADVERTISING
858 - 678 -8909
CA
5620.6406
CITY OF EDINA
CITY COUNCIL CREDIT CARD PAYMENT REGISTER
9/27/11- 10/25/11
Card Holder
lerchar
Account
Name
Trans Date
Amount
Purchase Discription
Merchant Name Merchant City
State
Code
JOHN KEPRIOS
2011/10/24
$65.18
MANUAL SCOREKEEPER
SSG'SPORT SUPPLY GROU 806 - 527 -7510
TX
4077.6406
JEFF LONG
2011/09/26
$228.00
CUSTOM BANDS
LIGHTSABERPROMOTIONS 706 - 7454888
GA
1400.6406
JEFF LONG
2011/09/30
$278.89
PRINTER TONER
OFFICE MAX ST. LOUIS PAR
MN
1400.6406
JEFF LONG
2011/10/03
$68.62
HOMECOMING DRAWING
BEST BUY 00000059 EDINA
MN
1400.6406
JEFF LONG
2011/10/05
$11.05
FRAME
OFFICE MAX EDINA
MN
1400.6406
JEFF LONG
2011/10/13
$108.11
ANIMAL CONTROL SUPPLIES
GANDER MOUNTAIN EDEN PRAIRIE
MN
1450.6406
JEFF LONG
201.1/10/14
$44.92
VIDEO CABLE
SYX`TIGERDIRECT.COM 800 - 888 -4437
FL
1400.6406
JEFF LONG
2011/10/15
$45.00
PROPERTY EVIDENCE TRAININC IAPE 818 - 846 -2926.
CA
1400.6405
JEFF LONG
2011/10/19
$27.25
MEDICAL BELTS (5)
AMAZON MKTPLACE PMTS AMZN.COM /BILI
WA
1400.6203
JEFF LONG
2011/10/21
$79.90
INK CARTRIDGE
WWW.NEWEGG.COM 800 - 390 -1119
CA
1400.6160
DEB MANGEN
2011/10/10
$16.47
LUNCH & LEARN
TARGET 00023135 EDINA
MN
1513.6218
DEB MANGEN
2011/10/18
$178.97
COUNCIL WORKSHOP
D BRIAN'S DELI - #6 MINNEAPOLIS
MN
1100.6106
DEB MANGEN
2011/10/19
$296.55
US FLAGS
ONLINESTORES.COM FLAG: 877-734-2458
PA
1180.6406
SCOTT NEAL
2011/09/26
$20.00
PARKING
MSP AIRPORT PARKING SAINT PAUL
MN
1120.6104
SCOTT NEAL
2011/09/27
$46.53
MEETING
GOOD EARTH I EDINA
MN
1120.6106
SCOTT NEAL
2011/10/10
$149.00
WEBCONFERENCE
ICMA INTERNET 202 - 962 -3547
DC
1120.6104
SCOTT NEAL
2011/10/17
$45.42
MEETING
EDINA GRILL EDINA
MN
1120.6106
JOHN WALLIN
2011/10/04
$209.27
COUNCIL WORKSHOP
D BRIAN'S DELI - #6 MINNEAPOLIS
MN
1100.6106
JOHN WALLIN
2011/10/10
$78.24
LEAN MEETING
D BRIAN'S DELI - #6 MINNEAPOLIS
MN
1500.6103
JOHN WALLIN
2011/10/11
$47.35
LEAN MEETING
NEW CHINA WOK MINNEAPOLIS
MN
1500.6103
JOHN WALLIN
2011/10/19
$191.98
LASER FAX
WWW.NEWEGG.COM 800 - 390 -1119
CA
44005.6710
ROBERT WILSON
2011/10/12
$159.37
CONFERENCE
RUTTGERS SUGAR LAKE L COHASETT
MN
1190.6104
$10,994.38
We confirm to the best of our knowledge
and belief, that these claims
comply in all material respects
with the requirements of the City
of Edina purchasing policies and
o /ie
1 J0 ul
REQUEST FOR PURCHASE IN EXCESS OF
$201000 /CHANGE ORDER
To: MAYOR AND COUNCIL Agenda Item No. IV. C
From: Jeff Long
Chief of Police
Date: December 8, 2011
Subject: Request to Purchase 14 Titan Assault Enhanced Tactical Vests
Date Bid Opened or Quote Received:
Bid or Quote Expiration Date:
November 28, 2011
NA
Company Amount of Quote or Bid
1. Streicher's 1. $34,300.00
2. Atlantic Tactical 2. $40,317.00
3. OMB's Express Police Supply 3. $37,168.32
RECOMMENDED QUOTE OR BID:
Streicher's $34,300.00
GENERAL INFORMATION:
This purchase is to replace our SWAT team ballistic vests. Our vests' protective warranty expired
in 2009. These are unique vests that provide greater protection than those our patrol officers
wear. The total cost will be covered by a $20,000 donation to the city from the Edina Crime
Prevention Fund and $14,300 will be used from our Federal Forfeiture Fund. Federal guidelines
permit forfeiture dollars to be used for protective gear. The purchase items are exempt from sales
tax.
Si re
The Recommended Bid is X _
within budget not
Co �Le�
Department
f�3tltiCJ2tti 0.0. Wallin, Finance ctor
Scott Ng(al, City Manager
REPORURECOM MEN DATION
To:
MAYOR AND COUNCIL
Agenda Item
Item No. IV.D.
From:
John Wallin
Finance Director
®
❑
Action
Discussion
Information
Date: December 20, 2011
Subject:
Resolution No. 2011 -131 Approving an Amendment
Financial Management Policies
to the City's
ACTION REQUESTED:
Adopt Resolution 2011 -131.
INFORMATION /BACKGROUND:
The attached resolution amends the Financial Management Policies originally adopted
by the City ,Council February 20, 2007 and changed March 20, 2007 and December 15,
2009. The Operating Budget Policies reflect the changes made last year to incorporate
all funds within the budget document.
The changes to the Fund Balance Policies are due to changes from Governmental
Accounting Standards Board (GASB) Statement 54 changing the reporting for generally
accepted accounting principles (GAAP) as it pertains to Fund Balance reporting and
requiring a change to the Fund Balance Policies. The Finance Staff has worked with the
City audit firm to put together the attached proposed policy. This draft has not changed
since this was discussed at a previous budget workshop.
ATTACHMENT:
Resolution No. 2011 -131
Financial Management Policies showing the changes to the policy.
Financial Management Policies after the proposed changes.
RESOLUTION NO. 2011 -131
RESOLUTION AMENDING THE FINANCIAL MANAGEMENT POLICIES
WHEREAS, The Edina City Council adopted Financial Management Policies on F`e` yua4 Edina
20, 2007; and
WHEREAS, Revisions were made to these policies March 20, 2007 and December 15,
2010; and
WHEREAS, Last year the City Council approved the inclusion of all funds in the budget
document which changes to the Operating Budget Policies reflects this change; and
WHEREAS, The Governmental Accounting Standards Board (GASB) Statement 54
changes the reporting for generally accepted accounting principles (GAAP) as pertaining to Fund
Balance reporting and requiring a change to the Fund Balance Policies.
. NOW, THEREFORE, BE IT RESOLVED, the City Council does hereby amend the Financial
Management Policies by changing the Operating Budget Policies and the Fund Balance Policies
as stated below:
OPERATING BUDGET POLICIES
Scope. It is the City's policy to budget for all governmental and enterprise funds.
Accounting. The governmental funds use the modified accrual basis of accounting for budgeting
and reporting purposes. Revenues are recognized as soon as they are both measurable and
available. Revenues are considered to be available when they are collectible within the current
period or soon enough thereafter to pay liabilities for the current period. The City considers all
revenues, except reimbursement grants, to be available if they are collected within 60 days of the
end of the current fiscal period. Expenditures generally are recorded when a liability is incurred.
However, debt service expenditures, as well as expenditures related to compensated absences
and claims and judgments are recorded only when payment is due.
The Enterprise Funds use the accrual basis of accounting for budgeting and reporting purposes.
Revenues are recorded when earned and expenses are recorded when a liability is incurred,
regardless of the timing of related cash flows. Property taxes are recognized as revenue in the
year for which they are levied. Grants and similar items are recognized as revenue as soon as all
eligibility requirements imposed by the'providei- have beemmet.
Stakeholder. Input. The annual budget process is intended to weigh all competing requests for
City resources within expected fiscal constraints. Requests for new programs made outside the
annual budget process are discouraged. The City will provide ample time and opportunity for public
input-into its budget- process every year: - - - - — - -
Balanced Budget Adoption. The operating budget for the General Fund will be balanced. The
City will not use internal or external short-term borrowing, asset sales, or one -time accounting
changes to balance the General Fund budget. The balanced budget will include a reasonable
annual appropriation for contingencies.
Budgetary Controls. The legal level of budgetary control is at the department level within the
General Fund even though budgetary data is presented at lower levels (personal services,
City Hall 952- 927 -8861
4801 WEST 50TH STREET FAX 952 - 826 -0390
EDINA, MINNESOTA, 55424 -1394 www.C,ityofEdina.com TTY 952 - 826 -0379
contractual services, commodities, and central services). Expenditures may not legally exceed
appropriations by department unless offset by increases in revenues. All unencumbered
appropriations lapse at year -end.
The City Manager may approve budgetary transfers. The City Council may approve supplemental
appropriations.
Monitoring. Department Directors are responsible for administration of their respective department
budgets. Such responsibility includes reviewing monthly financial reports to detect errors and
assess progress, staying within budget authorization, and submitting requests for budget
adjustments, when required
FUND BALANCE POLICIES
Definitions. The term fund balance describes the net assets of the City's governmental funds
calculated in accordance with generally accepted accounting principles (GAAP). GAAP further
divides fund balance into five categories; nonspendable fund balance, restricted fund balance,
committed fund balance, assigned fund balance, and unassigned fund balance. .
• Nonspendable fund balance consists of amounts that cannot be spent because it is not in
spendable form, such as prepaid items.
• Restricted fund balance consists of amounts related to externally imposed constraints
established by creditors, grantors or contributors; or constraints imposed by state statutory
provisions.
• Committed fund balance. consists of amounts that are constrained for specific purposes that
are internally imposed by formal action (resolution) of the City Council. Those committed
amounts cannot be used for any other purpose unless City Council removes or changes the
specified use by taking the same type of action it employed to previously commit those
amounts.
• Assigned fund balance consists of amounts intended to be used by the City for specific
purposes but do not meet the criteria to be classified as restricted or committed. In
governmental funds other than the general fund, assigned fund balance represents the
remaining amount that is not restricted or committed. In the general fund, assigned
amounts represent intended uses established by the City Council.
• Unassigned fund balance is the residual classification for the general fund and also reflects
negative residual amounts in other funds.
Policies. At the end of each fiscal year, the City will maintain nonspendable and restricted fund
balance equal to the amounts required by GAAP for a variety of purposes, including but not limited
to; prepaid expenditures, park dedication fees, E -911 funds, forfeiture funds, and other assets
restricted by grantors, contributors, creditors, or enabling legislation.
At the end of each fiscal year, the City will maintain committed fund balance constrained for
specific purposes by City Council.
At the end of each fiscal year, the City will maintain assigned fund balance in the General Fund for
Investments as calculated by the difference between market value and amortized value of
investments held by the City at year -end.
At the end of each fiscal year, the City will also maintain assigned fund balance in the General
Fund for Compensated Absences of 40% of the actual full - accrual General Fund liability for
compensated absences.
i
At the end of each fiscal year, the City's goal is to maintain unassigned fund balance for Cash Flow
in the General Fund in a range equal to 42-47% of the subsequent year's budgeted tax revenue. In
the event that unassigned fund balance falls above or below the desired range, the Finance
Director shall report such amounts to the City Council as soon as practicable after the end of the
fiscal year. Should the actual amount of unassigned fund balance fall below the desired range, the
City shall create a plan to restore the appropriate levels. Should the actual amount of unassigned
fund balance fall above the desired range, any excess funds will remain unassigned pending the
Council's final decision concerning transfer to another fund. It is the policy of the City that, to the
extent possible, such excess funds will be transferred to the Construction Fund to support capital
improvements and equipment.
Available fund balances shall,not be used for ongoing operating expenditures.
When, both restricted and unrestricted resources are available for use, it is the City's policy to first
use restricted resources, then use unrestricted resources as they are needed.
When committed, assigned, or unassigned resources are available for use, it is the City's policy to
use resources in the following order: 1) committed, 2) assigned, and 3) unassigned.
Passed and adopted by the City Council on December 20, 2011.
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 December 20, 2011, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20_
City Clerk
4,9. N. CITY OF EDINA, MINNESOTA
o et o
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
PURPOSE
The City of Edina has a responsibility to provide quality services to its residents,
and considers it important to do so in a fiscally responsible fashion designed to
keep services and taxes as consistent as possible over time. These financial
management policies are meant to serve as the framework upon which
consistent operations may be built and sustained.
OPERATING BUDGET POLICIES
The !`'ty n si.dors n peFating budget to Ge Rsist_ solely of the Genor.el
Fund. The f`' 46 levy and ° °nditnr° aMOURtc fee euF Debt Q°n.ir.°
Fund d tr...+ti.... rURGI but the-Re- levies and- xpenditums aFe usually
related t apital speRdiRg veGi6i9A9- 'and- dare the(efere eXGlivi °.J frnrn this
It is the City's policy to budget for all governmental and
enterprise funds.
Accounting. Th e General Fund uses the h- a- s- i -- of a ---- nti.nn
aFe both .+c r.+hlo nAd available CVn°nditWes n° .roll. °r° r°rnrd°d iA.ihne -o
payment is due. The governmental funds use the modified accrual basis of
accounting for budgeting and reporting purposes. Revenues are recognized as
soon as they are both measurable and available. Revenues are considered to be
available when they are collectible within the current period or soon enough
thereafter to pay liabilities for the current period. The City considers all revenues,
except reimbursement grants, to be available if they are collected within 60 days
of the end of the current fiscal period. Expenditures generally are recorded when
a liability is incurred. However, debt service expenditures, as well as
expenditures related to compensated absences and claims and judgments are
recorded only when payment is due.
The Enterprise Funds use the accrual basis of accountina for budgeting and
reporting purposes. Revenues are recorded when earned and expenses are
recorded when a liability is incurred, regardless of the timing of related cash
flows. Property taxes are recognized as revenue in the year for which they are
levied. Grants and similar items are recognized as revenue as soon as all
eligibility requirements imposed by the provider have been met
-5-
w91A. CITY OF EDINA, MINNESOTA
o e �
Yr\ 4b �O
�. � FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Stakeholder Input. The annual budget process is intended to weigh all
competing requests for City resources within expected fiscal constraints.
Requests for new programs made outside the annual budget process are
discouraged. The City will provide ample time and opportunity for public input into
its budget process every year.
Balanced Budget Adoption. The operating budget for the Gity�- General Fund
will be balanced. The City will not use internal or external short -term borrowing,
asset sales, or one -time accounting changes to balance the epeFat+ag- General
Fund budget. The balanced budget will include a reasonable annual
appropriation for contingencies.
Budgetary Controls. The legal level of budgetary control is at the department
level within the General Fund even though budgetary data is presented at lower
levels (personal services, contractual services, commodities, and central
services). Expenditures may not legally exceed appropriations by department
unless offset by increases in revenues. All unencumbered appropriations lapse at
year -end.
The City Manager may approve budgetary transfers. The City Council may
approve supplemental appropriations.
Monitoring. Department Directors are responsible for administration of their
respective department budgets. Such responsibility includes reviewing monthly
financial reports to detect errors and assess progress, staying within budget
authorization, and submitting requests for budget adjustments, when required.
REVENUE POLICIES
Policies. The City will endeavor to maintain a diversified and stable revenue
system to shelter programs and services from short-term fluctuations in any
single revenue source.
Property Taxes. It is beneficial for residents and for the City to keep tax rates
low and consistent from year to year. The City will strive to proactively avoid
large increases in the operating budget levy.
Fees and Charges. The City shall establish user charges and fees for General
Fund program activities at a level related to the full cost of providing the services.
Components of the user charges shall include direct and indirect costs of
-s-
CITY OF EDINA, MINNESOTA
o ee 1/�
�'� FINANCIAL MANAGEMENT POLICIES
"`�'�"� ANNUAL BUDGET
providing the service. The City will also consider policy objectives and market
rates when setting fees:
Transfers. Transfers should not be used as a revenue source to balance the
operating budget except for the annual transfer from our liquor operations.
InvestmentAncome: The City will reasonably budget for investment revenue in
our operating budget based on the conservative investment strategy outlined in
our investment policy (under separate cover).
�91NA. CITY OF EDINA, MINNESOTA
�o a ) s
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
FUND BALANCE POLICIES
Definitions. The term fund balance describes the net assets of the City's
overnmental funds calculated in accordance with generally
accepted accounting principles (GAAP). GAAP further divides fund balance into
three —five categories;
nonspendable fund
balance, restricted fund balance, committed fund balance, assigned fund
balance, and unassigned fund balance. Resewpd t- ind ` alarm° i° red to iselate
• Nonspendable fund balance consists of amounts that cannot be spent• --- {Formatted: List Paragraph, Bulleted + Level: 1
because it is not in spendable form, such as prepaid items. + Aligned at: 0.25" + Indent at: 0.5"
• Restricted fund balance consists of amounts related to externally imposed
constraints established by creditors, grantors or contributors; or
constraints imposed by state statutory provisions.
• Committed fund balance consists of amounts that are constrained for
specific purposes that are internally imposed by formal action (resolution)
of the City Council. Those committed amounts cannot be used for any
other purpose unless City Council removes or changes the specified use
by taking the same type of action it employed to previously commit those
amounts.
• Assigned fund balance consists of amounts intended to be used by the
City for specific purposes but do not meet the criteria to be classified as
restricted or committed. In governmental funds other than the general
fund, assigned fund balance represents the remaining amount that is not
restricted or committed. In the general fund, assigned amounts represent
intended uses established by the City Council.
• Unassigned fund balance is the residual classification for the general fund
and also reflects negative residual amounts in other funds, - - - Formatted: Font: (Default) Anal, 12 pt
Policies. At the end of each fiscal year, the City will maintain Fesepved
nonspendable and restricted fund balance equal to the amounts required by
GAAP for a variety of purposes, including but not limited to;
^tom prepaid expenditures, park dedication fees, E -911 funds, forfeiture
funds, and other assets restricted by grantors, contributors, creditors, or enabling
legislation.
-8-
�91N�1r'L
of( e
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
At the end of each fiscal year, the City will maintain committed fund balance
constrained for specific purposes by City Council.
At the end of each fiscal year, the City will maintain o„,ese=ved
desigaatedassigned fund balance in the General Fund for Investments as
calculated by the difference between market value and amortized value of
investments held by the City at year -end. The City will also maintain assigned
fund balance in the General Fund for Compensated Absences of 40% of the
actual full - accrual General Fund liability for compensated absences.
At the end of each fiscal year, the City's goal wit-is to maintain URFeseared
designated - unassigned fund balance for Cash Flow in the General Fund in a
range equal to 42-47% of the subsequent year's budgeted tax revenue. In the
event that amounts desigRatedunassigned fund balance for aasb-flew -falls above
or below the desired range, the Finance Director shall report such amounts to the
City Council as soon as practicable after the end of the fiscal year. Should the
actual amount desigRated fGF Gash Fie of unassigned fund balance fall below
the desired range, the City shall create a plan to restore the appropriate levels.
Should the actual amount designated f9F Gash #9w of unassigned fund balance
fall above the desired range, any excess funds will remain Uadesignated
unassigned pending the Council's final decision concerning transfer to another
fund. It is the policy of the City that, to the extent possible, such excess funds will
be transferred to the Construction Fund to support capital improvements and
equipment.
Available fund balances shall not be used for ongoing operating expenditures.
When both restricted and unrestricted resources are available for use, it is the
City's policy to first use restricted resources then use unrestricted resources as
they are needed.
-9-
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
When committed, assigned, or unassigned resources are available for use, it is
the City's policy to use resources in the following order: 1) committed, 2)
assigned, and 3) unassigned.
CAPITAL OUTLAY POLICIES
Equipment Replacement Program. The City strives to maintain its physical
assets at a level that minimizes future repair and maintenance costs. To
accomplish this goal, the City has established the Equipment Replacement
Program to annually budget and set aside funds for the timely replacement of
City equipment.
The City's Equipment Replacement Program includes equipment used for
General Fund programs.
Capital Improvement Plan (CIP). The goal of the City's CIP is to develop a
comprehensive program for use by decision makers to guide capital investments
based on an assessment of the community's needs, taking into account the best
use of limited resources while providing efficient and effective municipal services.
The City will develop a five -year plan for capital improvements and update it
annually. The CIP process includes analyzing projects contributing to the public.
health and welfare, projects helping to maintain and improve the efficiency of the
existing systems, and projects that define a future need within the community.
The City will identify the estimated cost and potential funding sources for each
capital project proposal in the CIP. Purchase contracts for equipment and
projects included in the CIP must still be properly authorized according to the
City's Purchasing Policy.
The CIP will include equipment and projects from any City fund.
A.
o e )N
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT. POLICIES
ANNUAL BUDGET
DEBT MANAGEMENT POLICIES
Policy Limits. The, City will use debt only for capital improvement or projects that
have a life of more than 4 .years. The City will avoid using debt for, cash flow
borrowing, operations,,or repairs.
When possible, the City will nonuse debt to finance equipment purchases when it
is possible to purchase the equipment on a pay -as- you -go basis with equipment
replacement program or capital improvement plan reserves.
The City shall use G.O. tax increment- bonds only when the development merits
special consideration.
The City's. capital improvement plan shall contain debt assumptions which match
this policy. and requires a commitment to long -range financial planning which .
looks at multiple years of capital and debt needs.
Legal Limits. Minnesota Statues, Section 475 prescribes the statutory debt limit
that outstanding principal of debt cannot exceed 2% of.taxable market value.
This limitation applies only to. debt that is wholly tax - supported: The type of debt
included is either general obligation. debt of any size bond issue (G.O.) or lease
revenue bond issues that were over $1,000,000 at the time of issuance.
However, there are also several other types of debt that.do not count against the
limit. G.O. tax increment, G.O. special assessment, G.O. utility revenue, G.O.
recreational facility revenue, and HRA- issued debt are considered to have a
separate revenue source other than just taxes and are excluded from the legal
debt' limit calculation. Local ordinances do not limit the City's ability to issue debt.
Issuance Practices. The City uses the competitive sale method for its.general
obligation bond sales unless factors such as structure, size or market conditions
compel the use ofA negotiated sale.
The City may use an outside bond attorney, an independent financial` advisor,
and /or other service providers to assist with the structuring and sale. of the bonds.
Debt Structuring. The City's collective debt shall amortize at least 50% of its
principal within_.10 years. In all cases, the maturity shall be shorter than the life of
the related assets.
cp91NA1f1+ CITY OF EDINA, MINNESOTA
of( a )R
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Conduit Debt. The City may participate in conduit debt financings. Development
proposals are reviewed to determine if they meet program objectives and
whether the proposals are financially feasible.
Variable Rate Debt. The City may use variable rate debt to provide debt
structuring flexibility and potential interest savings to the total debt portfolio.
Variable rate debt should not constitute more than 20% of the City's total debt
obligations.
Refunding. Current refunding bonds may be utilized when present value savings
of 3% of refunded principal is achieved or in concert with other bond issues to
save costs of issuance.
Advance refunding bonds may, be utilized when present value savings of 4% of
refunded principal is achieved.
Adopted by City Council February 20, 2007
Revisions: March 20, 2007
December 15, 2009
December 20. 2011
-12-
PURPOSE
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
The City of Edina has a responsibility to provide quality services to its residents,
and considers it important to do so in a fiscally responsible fashion designed to
keep services and ,taxes as consistent as possible over time. These financial
management policies are meant to serve as the framework upon which
consistent operations may. be built and sustained.
OPERATING BUDGET POLICIES
Scope. It is the City's policy to budget for all governmental and enterprise funds.
Accounting. The governmental funds use the modified accrual basis of
accounting for budgeting and reporting purposes. Revenues are recognized as
soon' as they are both measurable and available. Revenues are considered to be
available when they are collectible within the current period or soon enough
thereafter to,pay liabilities for the current period. The City considers all revenues,
except reimbursement grants, to be available if they are collected within 60 days
Of the. -end of the current fiscal, period. Expenditures generally are recorded when
a .Ii ability is incurred. However, debt service expenditures, as well as
expenditures- related to compensated absences and claims and judgments are
recordetl only-when. payment is due.
The Enterprise. Funds use the accrual basis of accounting for budgeting and
reporting, purposes. Revenues are recorded when earned and expenses . are
recorded when .a{ liability is incurred, regardless of the timing of related`; cash
flows. Property taxes are recognized as revenue in the year for which they are
levied. Grants and- similar items are recognized as revenue as soon as all
eligibility requirements: imposed by.the provider have been met..
Stakeholder Input. The` annual budget .process is intended to weigh all
competing requests for City resources within expected fiscal 'constraints.
Requests for new programs made outside_ -the annual- budget-- process _ are
discouraged. The City will provide ample time and opportunity for public-input into
its budget process every year.
Balanced Budget Adoption. The operating budget for the General Fund will be
balanced. The City will not'use internal or external short-term borrowing, asset
sales, or one -time -accounting changes to balance the General Fund budget. The
-5-
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
balanced budget will include a reasonable annual appropriation for
contingencies.
Budgetary Controls. The legal level of budgetary control is at the department
level within the General Fund even though budgetary data is presented at lower
levels (personal services, contractual services, commodities, and central
services). Expenditures may not legally exceed appropriations by department
unless offset by increases in revenues. All unencumbered appropriations lapse at
year -end.
The City Manager may approve budgetary transfers. The City Council may
approve supplemental appropriations.
Monitoring. Department Directors are responsible for administration of their
respective department budgets. Such responsibility includes reviewing monthly
financial reports to detect errors and assess progress, staying within budget
authorization, and submitting requests for budget adjustments, when required.
REVENUE POLICIES
Policies. The City will endeavor to maintain a diversified and stable revenue
system to shelter programs and services from short-term fluctuations in any
single revenue source.
Property Taxes. It is beneficial for residents and for the City to keep tax rates
low and consistent from year to year. The City will strive to proactively avoid
large increases in the operating budget levy.
Fees and Charges. The City shall establish user charges and fees for General
Fund program activities at a level related to the full cost of providing the services.
Components of the user charges shall include direct and indirect costs of
providing the service. The City will also consider policy objectives and market
rates when setting fees.
Transfers. Transfers should not be used as a revenue source to balance the
operating budget except for the annual transfer from our liquor operations.
Investment Income. The City will reasonably budget for investment revenue in
our operating budget based on the conservative investment strategy outlined in
our investment policy (under separate cover).
lm
CITY OF EDINA, MINNESOTA
FUND BALANCE POLICIES
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Definitions. The term fund balance describes the net assets of the City's
governmental funds calculated in accordance with generally `accepted accounting
principles (GAAP)'. GAAP further divides fund . balance into, five, categories;
nonspendable` fund balance, restricted,. fund balance,. committed fund balance,
assigned fund balance; and unassigned.fund balance.
• Nonspendable fund balance consists of amounts that cannot be spent
because it is not in spendable form, such as prepaid items.
o Restricted fund balance consists of amounts related to externally imposed
constraints established by creditors, grantors or contributors; or
constraints imposed by state statutory provisions.
Committed fund balance consists of amounts that are constrained for
specific purposes that are internally imposed by formal action (resolution)
of the City Council. Those committed amounts cannot be used for any
other purpose unless City Council removes or changes the specified use
by taking the same type of action it employed to previously commit those
amounts.
• Assigned fund balance consists of amounts intended to be used by the
City for specific purposes but do not meet the criteria to be classified as
restricted, or committed. In governmental funds other than the general
fund, assigned fund balance represents the remaining amount that is not
restricted or committed: In the. general fund, assigned amounts represent
intended uses established by the. City Council.
• Unassigned fund balance is the residual classification for the general fund
and also reflects negative residual amounts in other funds.
Policies. At the end of each fiscal year, the City will maintain nonspendable and
restricted fund balance equal to the amounts required by GAAP for a variety of
purposes, ' inc luding,but not limited to; prepaid expenditures,-park dedication fees,
E -911 funds, forfeiture funds, and other assets restricted by grantors,
contributors, creditors, or enabling legislation.
At the end of each fiscal year, the City will maintain committed fund balance
constrained for specific purposes by City Council.
At the end of each fiscal year, the City will maintain assigned fund balance in the
General Fund for Investments as calculated by the difference between market
value and amortized value of investments held by the City at year -end.
-7-
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
At the end of each fiscal year, the City will also maintain assigned fund balance
in the General Fund for Compensated Absences of 40% of the actual full - accrual
General Fund liability for compensated absences.
At the end of each fiscal year, the City's goal is to maintain unassigned fund
balance for Cash Flow in the General Fund in a range equal to 42 -47% of the
subsequent year's budgeted tax revenue. In the event that unassigned fund
balance falls above or below the desired range, the Finance Director shall report
such amounts to the City Council as soon as practicable after the end of the
fiscal year. Should the actual amount of unassigned fund balance fall below the
desired range, the City shall create a plan to restore the appropriate levels.
Should the actual amount of unassigned fund balance fall above the desired
range, any excess funds will remain unassigned pending the Council's final
decision concerning transfer to another fund. It is the policy of the City that, to the
extent possible, such excess funds will be transferred to the Construction Fund to
support capital improvements and equipment.
Available fund balances shall not be used for ongoing operating expenditures.
When both restricted and unrestricted resources are available for use, it is the
City's policy to first use restricted resources, then use unrestricted resources as
they are needed.
When committed, assigned, or unassigned resources are available for use, it is
the City's policy to use resources in the following order: 1) committed, 2)
assigned, and 3) unassigned.
Ez
CITY OF EDINA, MINNESOTA
CAPITAL OUTLAY POLICIES
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Equipment Replacement Program. The City strives to maintain its physical
assets at a level that minimizes future repair and maintenance costs. To
accomplish this goal, the City has established the Equipment Replacement
Program to annually budget. and set aside funds for the timely replacement of
City equipment.
The City's Equipment Replacement Program includes equipment used for
General Fund programs.
Capital Improvement Plan (CIP). The goal of the City's CIP is to develop a
comprehensive program for use by decision makers to guide capital investments
based on an assessment of the community's needs, taking into account the best
use of limited resources while providing efficient and effective municipal services.
The City will develop a five -year plan for capital improvements and update it
annually. The CIP process includes analyzing projects contributing to the public
health and welfare, projects helping to maintain and improve the efficiency of the
existing systems, and projects that define a future need within the community.
The City will identify the estimated cost and potential funding sources for each
capital project proposal, in the CIP. 'Purchase contracts for equipment and
projects included in the CIP must still be properly authorized according to the
City's Purchasing Policy.
The CIP will include equipment and projects from any City fund.
11IM1
CITY OF EDINA, MINNESOTA
DEBT MANAGEMENT POLICIES
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Policy Limits. The City will use debt only for capital improvement or projects that
have a life of more than 4 years. The City will avoid using debt for cash flow
borrowing, operations, or repairs.
When possible, the City will not use debt to finance equipment purchases when it
is possible to purchase the equipment on a pay -as- you -go basis with equipment
replacement program or capital improvement plan reserves.
The City shall use G.O. tax increment bonds only when the development merits
special consideration.
The City's capital improvement plan shall contain debt assumptions which match
this policy and requires a commitment to long -range financial planning which
looks at multiple years of capital and debt needs.
Legal Limits. Minnesota Statues, Section 475 prescribes the statutory debt limit
that outstanding principal of debt cannot exceed 2% of taxable market value.
This limitation applies only to debt that is wholly tax - supported. The type of debt
included is either general obligation debt of any size bond issue (G.O.) or lease
revenue bond issues that were over $1,000,000 at the time of issuance.
However, there are also several other types of debt that do not count against the
limit. G.O. tax increment, G.O. special assessment, G.O. utility revenue, G.O.
recreational facility revenue, and HRA- issued debt are considered to have a
separate revenue source other than just taxes and are excluded from the legal
debt limit calculation..Local ordinances do not limit the City's ability to issue debt.
Issuance. Practices. The City uses the competitive sale method for its general
obligation bond sales unless factors such as structure, size or market conditions
compel the use of a negotiated sale.
The City may use an outside bond attorney, an independent financial advisor,
and /or other service providers to assist with the structuring and sale of the bonds.
Debt Structuring. The City's collective debt shall amortize at least 50% of its
principal within 10 years. In all cases, the maturity shall be shorter than the life of
the related assets.
-10-
CITY OF EDINA, MINNESOTA
FINANCIAL MANAGEMENT POLICIES
ANNUAL BUDGET
Conduit Debt. The City may participate in conduit debt financings. Development
proposals are reviewed to determine if they meet program objectives and
whether the proposals are financially feasible.
Variable Rate Debt. The City may use variable rate debt to provide debt
structuring flexibility and potential interest savings to the . total debt portfolio.
Variable rate debt should not constitute more than 20% of the City's total debt
obligations.
Refunding. Current refunding bonds may be utilized when present value savings
of 3% of refunded principal is achieved or in concert with other bond issues to
save costs of issuance.
Advance refunding bonds may be utilized when present value savings of 4% of
refunded principal is achieved.
Adopted by City Council February 20, 2007
Revisions: March 20, 2007
December 15, 2009
December 20, 2011
- 11 -
i
REPORT /RECOMMEN DATION
To:
MAYOR AND COUNCIL
Agenda Item # IV. E.
From:
Jesse Struve, PE
Utility Engineer
® Action
❑ Discussion
Information
Date: December 20, 2011
Subject:
Adopt City of Edina Comprehensive Water Resource Management Plan
Recommendation:
Adopt City of Edina Comprehensive Water Resource Management Plan ( CWRMP)
10 Info /Background:
Edina's original Comprehensive Water Resource Management Plan was adopted in
2004. Regulations dictate cities must update their plans every ten years or within two
years after watershed districts update their comprehensive plans. Both Nine Mile Creek
and Minnehaha Creek Watershed Districts have updated their plans recently.
The plan is a tool the City uses to identify and address current and future stormwater
issues and provides information for most of the water bodies around Edina. This
information helps to determine 100 year flood plains and water quality management.
The CWRMP has been reviewed by all governing agencies including Nine Mile Creek
Watershed District, Minnehaha Creek Watershed District, Metropolitan Council,
Minnesota Board of Soil and Water Resources, all surrounding municipalities.
ATTACHMENTS:
CD with Electronic Copy of the Comprehensive Water Resource Management Plan.
g: \pw \lnfros \utilities div \storm sewer \2009 comp water res mgmt plan \misc \item Me. adopt city of edina comprehensive water resource management plan.docx
5 tz
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item #
IV. F.
From:
Wayne D. Houle, PE
City Engineer
® Action
❑ Discussion
Information
I
Date: December 20, 2011
Subject:
Engineering Services For 50th & France Parking Structure Improvements
Recommendation:
Authorize Mayor and City Manager to approve attached Agreement for Professional
.Architectural and Engineering Services for the feasibility study and construction
documents for improvements to the center ramp and south ramp - located at 50th and
France.
Info /Background:
This agreement is for the feasibility study and construction documents for the
improvements to the center and south ramps at 50th & France. The schedule of the
project includes meetings with the adjacent property owners (public informational
meeting), Edina Planning Commission, 50th & France Association, 50th & France Owners
Group, and the City Council. The fee for this work is $201,800.00 for the feasibility study
and $397,000.00 for the construction documents, which is approximately 7.0% of the
estimated construction cost.
ATTACHMENTS:
• Agreement for Professional Engineering Services.
• Proposal for Consulting Engineering 50th and France Public Parking South and
Center Ramp Expansion Feasibility Edina, Mn Pages 1 - 6, Dated December 13,
2011 ( "Proposal #1 ").
• Proposal for Consulting Engineering 50th and France Public Parking South and
Center Ramp Construction Documents Edina, Mn Pages 1 - 8, Dated December 13,
2011 ( "Proposal #2 ").
• ENGINEER'S 2011 Hourly Fee Schedule
• Exhibit #1 to both Proposal #1 and Proposal #2 Letter from Mohagen Hansen
Architectural Group dated December 13, 2011.
g: \pw \central Svcs \commer areas \50th & france \streetscapes \20111220 parking ramp feasibility \Item ME engineering services for 50th & france parking structure
Improvements.docx
AGREEMENT
FOR
PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES
THIS AGREEMENT is made on the day of , 2011, between the
CITY OF EDINA, a Minnesota municipal corporation, hereinafter called the "CITY ", and
WALKER PARKING CONSULTANTS/ENGINEERS, INC., a Michigan corporation, d/b /a
WALKER PARKING CONSULTANTS, hereinafter called the "ENGINEER."
The CITY and the ENGINEER agree as follows:
1. Contract Documents. The ENGINEER agrees to provide engineering services to the
CITY in accordance with the following contract documents which are incorporated herein
by reference:
A. Agreement for Professional Engineering Services.
B. Proposal for Consulting Engineering 50'' and France Public Parking South and
Center Ramp Expansion Feasibility Edina, Mn Pages 1 - 6, Dated December 13,
2011 ( "Proposal #1").
C. Proposal for Consulting Engineering 50'h and France Public Parking South and
Center Ramp Construction Documents Edina, Mn Pages 1 - 8, Dated December
13, 2011 ( "Proposal #2 ").
D. ENGINEER'S 2011 Hourly Fee Schedule.
E. Exhibit #1 to both Proposal #1 and Proposal #2 Letter from Mohagen Hansen
Architectural Group dated December 13, 2011.
In the event of conflict among the documents, the conflict shall be resolved in descending
order of priority, with the document listed first having the highest priority and the
document listed last having the lowest priority.
2. Amendments.
A. Proposal # 1 is amended: deleting the paragraphs on page 6 under the headings
"Standard of Care" and "Period of Service",-'by deleting on page 5 under the paragraph
heading "Professional Fee" references to "subconsultants" and "additional service
consultants."
B. Proposal # 2 is amended: deleting the paragraphs on page 8 under the headings
"Standard of Care" and "Period of Service "; by deleting on page 6 under the paragraph
16163405
heading "Professional Fee" references to "subconsultants" and "additional service
consultants."
C. Exhibit #1 to both Proposal #1 and Proposal #2 is amended: deleting on page 4
"but will consider CM @risk as an option"; deleting from paragraph V on page 6 "in the
event Tenant breaches any of the term of this Agreement, including the terms of payment,
Mohagen/Hansen Architectural Group shall be entitled to recover all of its costs and
expenses, including attorney's fees, attributed to enforcing the payment provision of this
contract", in paragraphs VI and VII on page 6 all references to "Tenant" are changed to
"Walker Parking Consultant."
3. Compensation.
A. ENGINEER shall be paid for Proposal # 1, a fixed fee of $201,800.00 inclusive of
taxes but non - inclusive of reimbursable expenses estimated at $2,000.00. This fee
includes the fee for the services to Mohagen/Hansen Architectural Group, Ltd.,
Engineer's subcontractor, described in proposal Exhibit #1. The fee shall not be adjusted
even if the estimated number of hours to perform a task, the estimated number of
meetings, or any other estimate, assumption or matter is wrong or exceeded. Subject to
the limitations set forth above, if there is a proposed change in the scope of services,
ENGINEER may request a change order pursuant to Paragraph 4 below. The fee does not
include geotechnical investigation fees estimated at $10,500.00 and surveying existing
building sites estimated at $5,500.00 which will be provided by the City.
B. ENGINEER shall be paid for Proposal # 2, a fixed fee of $397,000.00 inclusive of
taxes but non - inclusive of reimbursable expenses estimated to be 4% of the Proposal # 2
fixed fee. This fee includes the fee for the services to Mohagen/Hansen Architectural
Group, Ltd., Engineer's subcontractor, described in proposal Exhibit #1. The fee shall
not be adjusted even if the estimated number of hours to perform a task, the estimated
number of meetings, or any other estimate, assumption or matter is wrong or exceeded.
Subject to the limitations set forth above, if there is a proposed change in the scope of
services, ENGINEER may request a change order pursuant to Paragraph 4 below.
4. Method of Payment. ENGINEER may request progress payments as the work is
performed. The CITY will normally make payment within thirty-five (35) days of receipt
of a properly itemized bill.
5. Change Orders. All change orders, regardless of amount, must be approved in advance
and in writing by the Edina City Council. No payment will be due or made for work done
in advance of such approval.
6. Completion Date. The ENGINEER must complete the service specified in Proposal #1 by
February 29, 2012 and in Proposal # 2 by November 30, 2013.
16163405 2
7. Warranty. ENGINEER shall be responsible for the accuracy of the work and shall
promptly make necessary revisions or corrections resulting from errors and omissions on
the part of ENGINEER without additional compensation. ENGINEER shall exercise the
same degree of care, skill, and diligence in the performance of the services as is ordinarily
possessed and exercised by a professional engineer under similar circumstances. No
other warranty, expressed or implied, is included in this Agreement or in any drawing,
specification, report, or opinion produced pursuant to this Agreement.
8. Subcontractor. With the exception of the Mohagen/Hansen Architectural Group, Ltd.,
the ENGINEER shall not enter into subcontracts for services provided under this
Agreement without the express written consent of the CITY. The ENGINEER shall pay
any subcontractor involved in the performance of this Agreement within ten (10) days of
the ENGINEER'S receipt of payment by the CITY for undisputed services provided by
the subcontractor. If the ENGINEER fails within that time to pay the subcontractor any
undisputed amount for which the ENGINEER has received payment by the CITY, the
ENGINEER shall pay interest to the subcontractor on the unpaid amount at the rate of 1-
1/2 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less
than $100, the ENGINEER shall pay the actual interest penalty due to the subcontractor.
A subcontractor who prevails in a civil action to collect interest penalties from the
ENGINEER shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
9. Independent Contractor. The CITY hereby retains the ENGINEER as an independent
contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is
not an employee of the CITY and is free to contract with other entities as provided herein.
ENGINEER shall be responsible for selecting the means and methods of performing the
work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary
for ENGINEER'S performance under this Agreement. CITY and ENGINEER agree that
ENGINEER shall not at any time or in any manner represent that ENGINEER or any of
ENGINEER'S agents or employees are in any manner agents or employees of the CITY.
ENGINEER shall be exclusively responsible under this Agreement for ENGINEER'S own
FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self - employment taxes if any such payments, amounts, or
taxes are required to be paid by law or regulation.
10. Non- Discrimination. During the performance of this Agreement, the ENGINEER shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, sexual orientation, marital status, status with
regard to public assistance, disability, or age. The ENGINEER shall post, in places
available to employees and applicants for employment, notices setting forth the
provisions of this non - discrimination clause and stating that all qualified applicants will
receive consideration for employment. The ENGINEER shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
16163405 3
require all of its subcontractors for such work to incorporate such requirements in.all
subcontracts for program work.
11. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
12. Indemnification. The ENGINEER shall indemnify - and hold harmless the. CITY, -its
officials, agents, and employees,�of and from any and all claims, demands, actions, causes
of action, including costs and attorney's fees, arising out of or by reason of the execution
or performance of the work or, services provided :for herein and further agrees, to defend at
its sole cost and expense any action or proceeding, commenced for the purpose of
asserting any claim of whatsoever character arising hereunder, to the extent caused by the
negligent acts, errors or omissions, willful misconduct, or'breach of any substantive
provision of this Agreement by the ENGINEER, its officials, agents or employees in the
execution, performance, or failure to adequately perform the ENGINEER'S obligations
pursuant to this Agreement.
13. Insurance.
A. General Liability. During the term of this Agreement, ENGINEER .shall maintain
a general liability insurance policy with limits of at least $2,000,000`for each
person, and each occurrence, for both personal injury and property damage. This
policy shall name the CITY as an additional insured for the services provided
under this Agreement and shall provide that the ENGINEER'S coverage shall be
the primary coverage in the event of a loss. The policy shall also insure the
indemnification obligation contained in Paragraph 12 above.
B. Worker's Compensation., The ENGINEER shall secure and maintain such
insurance as will protect'ENGINEER from claims -under the Worker's
Compensation, Act and;from claims for bodily injury, death, or property damage
which: may arise from the performance .of'ENGINEER' S services under.,this
Agreement.
C. ProfessonalLiability Insurance. The ENGINEER shall secure and maintain a
professiona!Hiability insurance policy.- Sai&policy shall,uisure.payment of
damages -for legal liability arising out of the, performance, of professional,services
for the CITY, in the insured's capacity as ENGINEER; if such legal,liability is
-- - caused -by an- error,- omission, -or` .iegligent act-of the insured -or any person or- -
organization for whom the insured is legally liable. Said policy shall provide
minimum limits of $2,000;000 with a deductible maximum of $125,000.
D. Certificate of Insurance. A certificate.of insurance on_a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided to
the. CITY before work under this Agreement i& begun.
161634v05 4
14. Records Access. The ENGINEER shall provide the CITY access to any books,
documents, papers, and records which are directly pertinent to the specific contract, for
the purpose of making audits, examinations, excerpts, and transcriptions, for three (3)
years after final payments and all other pending matters related to this Agreement are
closed.
15. Minnesota Government Data Practices Act. ENGINEER must comply with the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to
(1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant
to this Agreement. ENGINEER is subject to all the provisions of the Minnesota
Government Data Practices Act, including but not limited to the civil remedies of
Minnesota Statutes Section 13.08, as if it were a government entity. In the event
ENGINEER receives a request to release data, ENGINEER must immediately notify CITY.
CITY will give ENGINEER instructions concerning the release of the data to the requesting
party before the data is released. ENGINEER agrees to defend, indemnify, and hold CITY,
its officials, officers, agents, employees, and volunteers harmless from any claims resulting
from ENGINEER'S officers', agents', city's, partners', employees', volunteers', assignees'
or subcontractors' unlawful disclosure and/or use of protected data. The terms of this
paragraph shall survive the cancellation or termination of this Agreement.
16. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with the performance of the agreement shall become the property
of the CITY. The CITY may use the information for its purposes. Any modifications
made by the CITY to any of the ENGINEER'S documents without written authorization
or adaptation by the ENGINEER will be at the CITY'S sole risk and without liability to
the ENGINEER.
17. Copyright/Patten. ENGINEER shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the CITY from loss or damage
resulting there from.
18. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota, without giving effect to the principles
of conflict of laws. All proceedings related to this contract shall be venued in the
Hennepin County District Court.
19. Permits. ENGINEER shall obtain all necessary permits required for completion of
ENGINEER'S services.
20. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between the
parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
16163405 5
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
21. Termination. CITY may terminate this Agreement without cause by written notice
delivered-to the ENGINEER.. Upon'termination under this provision if there is no fault
of the ENGINEER, the ENGINEER shall be paid for 'services rendered and reimbursable
expenses until the effective date of termination. If however, the CITY terminates the
Agreement because the ENGINEER has failed to perform in accordance with this
Agreement, no further payment, shall be -made to the ENGINEER, and the,CITY may
retain another contractor to undertake or complete -the work identified in the Contract
Documents. If as a result, the CITY incurs.total costs for the work (including payments
to both-the present contractor and a future contractor) which exceed the not to exceed
amount specified in paragraph 3 above, then the ENGINEER shall bexesponsible for the
difference between the cost actually incurred and the Agreement amount.-
CITY OF EDINA
By:
James B. Hovland, Mayor
By:
Scott Neal, City Manager
16163405 6
WALKKER-PARKNG CONSULTANTS/
ENGINEERS, INC. D/B /A
WALKER PARKING CONSULTANTS
LI-N
Its:
WALKER
PARKING C0145UVANTS
December 13, 2011
Wayne D. Houle P.E.
Director of Public Works
City Engineer
4801 West 50t' Street
Edina, MN 55424 -1394
Re: Proposal for Consulting Engineering
50'' and France Public Parking
South and Center Ramp Expansion Feasibility
Edina, MN
Dear Wayne,
1660 S. Highway 100, Suite 424
Minneapolis, MN 55416
Voice: 952.595.9116
Fax: 952.595.9518
www.walkerporking.com
Walker Parking Consultants is pleased to submit for your review the proposal for Center and
South parking ramp expansion engineering feasibility study. Walker proposes providing parking
consulting services to evaluate existing conditions for future parking expansions of the Center and
South public ramps in the 50' and France District in Edina, Minnesota.
PROJECT UNDERSTANDING
We understand the City of Edina and the 5W and France Owners Group are concerned with the
existing 50t' and France area public parking ramp stall capacities, serviceability, and
accessibility. Focus of building improvement for the scope of this proposal will be limited to the
Center and South Parking ramps located near 50t' and France avenue south in downtown Edina.
Walker proposes to provide engineering study for the existing garages for the possibility of
additional parking levels (Center), horizontal addition (South) and accessibility up- grading. In
conjunction with this work, the City of Edina is considering contracting with another design firm to
upgrade existing sidewalks and landscape within the areas immediately adjacent to the ramps.
The existing Center parking ramp is a 3 tier precast structure constructed in 1975 with
approximately 274 stalls and plan dimensions of 258' x 117'. The existing South ramp is a 4 tier
cast -in -place structure constructed in 1969, '78, '87, with approximately 407 stalls and plan
dimensions of 188' x 208'.
\ \mn- svrl -os \marketing \-PROPOSAL \Proposal 2011 \City of Edina \France 50th district improvements \50th District
Final \Prop Itr feasibility (1) 121311 Edina MIV Houle Vl O.doc
4 Z`
WALKER
PARKING 01 5UVANTS
SCOPE OF SERVICES
Wayne Houle
Proposal for Engineering Study
November 21, 2011
Page 2 of 6
The architectural and engineering evaluation of .the existing structures will include conceptual
structural- and - architectural design to confirm the - feasibility for - adding -one or two levels for Center -
ramp, a south horizontal addition for South .ramp, and re-considering the functional design to
maximize accessibility improvements. Consideration for an accessible upgrades include the
addition of an elevator and. relocation of stall - marking to better facilitate an accessible route from
the parking area to the public way. Feasibility phase will continue "to incorporate design, work
findings and owner decision making process-for a completeness level of traditional 'Design
development phase, in an attempt to meet owners schedule requests -Scope does not include civil
engineering, irrigation, landscape architecture or complete electrical switch gear replacement.
ARCHITECTURAL FEASIBILITY
1. The overall goal of the feasibility study is to establish the architectural improvements that
will be required to meet.current building codes for two options i.e., the addition of one or
two parking levels :(Center ramp) and Horizontal <four •level addition (South .ramp).See
attached architectural scope Exhibit # I through End Of Feasibility Scope.
GENERAL STRUCTURAL EVALUATION
2. The overall goal of the feasibility study is to establish the structural improvements that will
be required to meet current building codes for two options i.e., the addition of one or two
parking levels (Center ramp) an&Horizontal four level- addition (South ramp).
3. Perform the. existing conditions investigation and preliminary structural analysis as
described below.
4. Provide schematic drawings, outline specifications and approximate material quantities .
for all new structure ,dnd reinforced existing structure. The drawings,, specifications and
existing: structure-data will. provide the basis, for the. probable cost opinion.
5. Once the required improvements are known, Walker will .prepare opinions of .probable
cost for, each _improvement _for the two.options.
EXISTING CONDITIONS INVESTIGATION
1. Owner shall obtain soil samples and a geotechnical report of allowable bearing values.
Walker parking will provide soil investigation information to identify general scope of
geotechnical services required to assist owner to contract the services.
Wayne Houle
44 WALKER Proposal for Engineering Study
PARKING CONSULTANTS November 21, 2011
Page 3of6
STRUCTURAL ANALYSIS AND PRELIMINARY DESIGN
1. Perform structural analysis of the following major new and existing components for vertical
and lateral loads determination (wind and seismic) per the 2007 Minnesota State building
code and certain provisions of the 2006 International Building Code.
a. Existing footing capacity evaluation and design of required footing (drilled pile,
soil solidifying etc.) underpinnings.
b. Lateral load analysis for one and two story addition options for Center ramp.
c. Conceptual design of new Center and South ramp elevator tower to provide
accessible parking egress.
d. Column capacity and strengthening requirements.
e. Beam capacity and strengthening requirements for removal, or modifications
required to implement design concepts.
f. Preliminary lateral force resisting system design (shear walls) and shear wall
foundations.
g. Floor diaphragm capacity and connection to shear wall requirements.
h. New grade beams to tie footings together as applicable.
i. Cadd draft background image of Center and South parking areas, additional
stair /elevator towers and other code required minimum egress facilities.
SCHEMATIC DESIGN
1. Meet with the Project Team to confirm the program for the project and review
conceptual design work to date.
2. Review available project site topographic survey information and advise the Project
Team of additional information required.
3. Assist the Owner in developing a project scope definition submittal for approval by the
City of Edina. Walker will prepare preliminary scope for restoration priorities and scope
limits for building expansion including building elevations (with limited detail) and
massing drawings. Our drawings will be combined with Owner provided project site
plans, grading and utility plans and landscaping plans to complete this submittal
package.
A. Review the available project specific parking or traffic study as available. We have
assumed that any traffic study would be prepared by others and that the Owner would
provide copies to us.
5. Review points of parking structure ingress and egress with respect to traffic and
pedestrian flows that would affect the operation of access points.
r Wayne Houle
WALKER Proposal for Engineering Study
PARKING CONSULTANTS November 21, 2011
Page 4of6
6. Refine and finalize development of the selected parking structure expansion option by
illustrating the circulation system, entry/exit locations, parking layout and relationships
to the adjacent buildings, property lines, construction phasing and the garbage
management program element.
7. Determine the location and size of the stairtower and the stair /elevator tower.
8. Discuss the possibilities for parking garage counting equipment.
9. Prepare schematic plans for the selected parking structure option describing:
a. Vehicular and pedestrian traffic flow.
b. Preliminary parking layout including bay size, stall size, parking angle, turning radii
and requirements of the Americans with Disabilities Act Design Guidelines (ADAAG).
c. Vehicular entrance and exit lanes.
d. Garbage management facilities and truck access locations.
e. Stair and stair /elevator locations.
ARCHITECTURAL DESIGN
Walker will prepare the architectural schematic design documents; including
architectural elevations and wall sections for the parking structure.
STRUCTURAL DESIGN
1. Prepare typical floor plans and details for a cast -in- place, post- tensioned concrete and a
precast, prestressed concrete structural system for each structure as appropriate to
match existing construction materials.
2. General
a. Attend up to three (3) Project Team meetings to present the schematic design. In
conjunction with a team meeting, we anticipate meeting with the City to review the
design and code parameters.
SCHEDULE
Walker Parking Consultants is available to provide parking consulting services upon authorization
to proceed. We will work in an attempt to meet owner's timetable. Current preliminary work
schedules are identified as follows:
City Council proposal approval
December 2011
Perform existing conditions survey
January 2012
Design Feasibility Complete
February 2012
44WALKER
PARKNO, CO MLTANT5
PROFESSIONAL FEE
Wayne Houle
Proposal for Engineering Study
November 21, 2011
Page 5of6
We propose to provide the described scope for a lump sum fee of $201,800.00 (Two Hundred
and One Thousand Eight Hundred Dollars). Reimbursable expenses will be billed at 1.10 times
the cost of travel, purchase or rental of specialized equipment, subconsultants, photographs and
renderings, document reproduction, postage and delivery costs, long distance telephone and
facsimile charges, additional service consultants, and other project related expenses.
In addition to these professional engineering fees, we estimate the owner should anticipate
geotechnical investigation fees estimated as $10,500.00 for Center and South ramp building
addition bearing capacity recommendations. Additionally, the owner shall budget $5,500.00 for
survey of existing building sites.
We appreciate the opportunity to provide this proposal and look forward to assisting the City of
Edina with solving their parking issues. Please review this proposal and let me know if you have
any questions or would like modifications to scope or fee. You can reach me directly at 952 -595-
9116.
Sincerely,
WALKER PARKING CONSULTANTS
Scott R. Froemming, P.E
Director of Operations
SRF: hha
Enclosure: General Conditions of Agreement for Consulting Services
Exhibit #1 — Mohagen Hansen Professional Service Agreement
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to
acknowledge your acceptance of the terms contained herein, and to confirm your authorization
for us to proceed. Please return one signed original of this agreement for our records.
CITY OF EDINA
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT WALKER
FOR CONSULTING SERVICES 4 PARKINGCONSUITANYs
PAGE 6OF6
SERVICES
Walker Parking Consultants ( "WALKER ") will provide the CLIENT professional services that are limited to
the work described in the attached letter ( "the services "). Any additional services requested will be
provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided
solely in accordance with written information and documents supplied by the CLIENT, and are limited to
and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third -party
beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of
service, and any use for modifications or extensions of this work, for new projects, or for completion of
this project by others without WALKER's specific written consent will be at CLIENT's sole risk.
PAYMENT FOR SERVICES
WALKER will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at 1.10 times the cost of travel and living expenses, purchase or
rental of specialized equipment, photographs and renderings, document reproduction, postage and
delivery costs, long distance telephone and facsimile charges, additional service consultants, and other
project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not
deliver payment to WALKER within thirty (30) days of date of invoice, WALKER may, at its option,
suspend or withhold services. The CLIENT agrees to pay WALKER a monthly late charge of one and one
half percent (11/2 %) per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater.
Any estimates or projections provided by WALKER will be premised in part upon assumptions provided
by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of
the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated
or projected results and such variations may be material. As such, WALKER makes no warranty or
representation, express or implied, as to the accuracy of the estimates or projections.
PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT
or (2) thirty (30) days after final documents are delivered to the CLIENT.
\ \mn -svr los \marketing \-PROPOSAL \Proposal 2011 \City of Edina \France 50th district improvements \50th District Final \Prop
Itr feasibility (1) 121311 Edina W Houle Vl O.doc
WALKER
PARKING CONSULTANTS
December 13, 2011
Wayne D. Houle P.E.
Director of Public Works
City Engineer
4801 West 50' Street
Edina, MN 55424 -1394
Re: Proposal for Consulting Engineering
50'' and France Public Parking
South and Center Ramp Construction Documents
Edina, MN
Dear Wayne,
1660 S. Highway 100, Suite 424
Minneapolis, MN 55416
Voice: 952.595.9116
Fax: 952.595.9518
www.walkerparking.com
Walker Parking Consultants is pleased to submit for your review the proposal for Center and
South parking ramp expansion restoration and expansion construction documents. Walker
proposes providing prime parking facility design services to upgrade existing conditions for
parking repairs and expansions of the Center and South public ramps in the 50" and France
District in Edina, Minnesota.
PROJECT UNDERSTANDING
We understand the City of Edina and the 50'' and France Owners group are concerned with the
existing 50t' and France area public parking ramp stall capacities, serviceability and accessibility.
Focus of building improvement for the scope of this proposal will be limited to the Center and
South Parking ramps located near 50" and France Avenue South in downtown Edina. Walker
proposes to provide architecture and engineering for the authorized building additions and
restoration for the existing garages consisting of feasible additional parking level (Center),
horizontal addition (South) and elevator tower accessibility up- grading for each. In conjunction
with this work, the City of Edina is considering contracting with another design firm to provide
civil engineering for upgrade of existing sidewalks and landscape within the areas immediately
adjacent to the ramps.
The existing Center parking ramp is a 3 tier precast structure constructed in 1975 with
approximately 274 stalls and plan dimensions of 258' x 117'. The existing South ramp is a 4 tier
cast -in -place structure constructed in 1969, '78, '87, with approximately 407 stalls and plan
dimensions of 188' x 208'.
\ \mn- svrlos \morketing\.PROPOSAL \Proposal 2011 \City of Edina \France 50th district improvements \50th District
Final \Prop Itr CD (2) 1213 1 1 Edina MIN Houle V 1 0.doc
WALKER
PARKING CCINSULYANiS
SCOPE OF SERVICES
Wayne Houle
Proposal for Engineering Study
December 13, 2011, 2011
Page 2 of 8
The architectural and engineering evaluation of the existing structures may .i.mpact the scope of .
adding vertical levels for Center ramp- and - horizontal addition for South ramp. This proposal
anticipates a one /two level-addition to the Center ramp (Concept 1) and a south horizonatal
addition to.the,South ramp ;(Concept 3). Additionally, restoration of the Center and South ramps
are included in this proposal. The design of a partial `(25 %) waffle slab replacement is t included
in this proposal. The final "'scope of the other restoration components is not identified as scope
items may 'be modified based on owner's budget constraints. Consideration for accessible
upgrades outhis time include the addition of-an elevator and relocation of stall marking to better
fi ciliiate'an accessible route from the parking area to the "public way for each facility.
DESIGN DEVELOPMENT
ARCHITECTURAL DESIGN
1. Walker will prepare the architectural schematic design documents; including
architectural elevations and wall sections for the parking structure. See attached
architectural scope Exhibit # 1 Begin Construction Document Scope.
STRUCTURAL DESIGN
1. Prepare typical floor plans and details for a cast- in- place,;post- tensioned concrete and a
precast, prestressed concrete structural system for each structure as appropriate to
match existing construction materials.
2. General
a. Attend up to, three (3) Project Team meetings to ;present the schematic design. In
conjunction with a team ;meeting, we anticipate' meeting with the City to review the
design and code parameters.
1. Functional Design
a. Update the schematic plans for the parking structure to confirm the following:
• 'Vehicular and pedestrian flow.
• Parking layout.
• Entrance and exit lanes.
• Tower locations.
• Garbage management structure and truck access locations.
b. As requested develop car.counting signage locations and system integrations.
- WALKER Wayne Houle
Proposal for Engineering Study
PARKING CON5ULTANTS December 13, 2011, 2011
Page 3of8
c. Prepare additions to the internal vehicular and pedestrian graphics package.
2. Architectural Design
a. Develop the architectural design development documents including architectural
elevations, wall sections, finish materials and outline specifications for the parking
structures. See attached architectural scope Exhibit #1 Beginning Construction
Document Scope.
3. Structural Design
a. Prepare typical tier framing plans and details for the selected structural concrete
system for the parking structure.
b. Locate and detail recommended expansion joints for the structure.
c. Prepare a foundation construction documents for the parking structure.
d. Review with the Project Team alternatives for existing structure restoration scope.
Coordinate with restoration with owner's budget, expansion construction
requirements, and increased structural durability.
b. Electrical Design
a. Prepare parking structure expansion electrical plans. Coordinate scope with
restoration requirements.
b. Recommend parking structure lighting layouts to provide for economy while
maintaining necessary intensities for security.
c. Recommend switching and circuitry in the parking structure for energy savings.
C. Plumbing and Mechanical Design
a. We anticipate that topographic and utility information will be provided by others.
b. Provide floor drain locations and identify tie -ins to the utility lines.
c. Review options for the mechanical system and coordinate with restoration. We
anticipate that the parking structure design will be classified as an open parking
structure and therefore will not require a ventilation system.
d. Prepare parking structure mechanical and plumbing plans.
d. Fire Protection
a. Determine fire protection system requirements for the parking structure. We
anticipate that a dry sprinkler system will not be required in this design scope.
e. General
a. Coordinate the parking structure design with the civil and landscape design
documents, prepared by others.
Wayne Houle
40 WALKER Proposal for Engineering Study
PARKING CON50MANTS December 13, 201 1, 2011
Page 4of8
b. Attend up to four (4) Project Team meetings in this phase.
CONSTRUCTION DOCUMENTS
Prepare restoration plans, details and specification and include a unit price bid form for
the repair of the Center and South parking facility repairs.
a. Center facility: Documents will include concrete repairs to the floor slab, ceiling,
column; beam, wall, stair landings and treads, and double tee repair. Waterproofing
would consist of expansion joint..replacements, application of penetrating sealers and
traffic topping, routing and sealing floor cracks, con struction.control.and cove sealant
joints,- exterior and vertical joint sealants, and chemical injection of cracks. The floor
drains will be replaced, masonry walls repaired and traffic marking renewed.
b. South facility: Documents will include concrete repairs to the post- tensioned floor
slabs, ceiling, column, 'beam, wall,,.partial replacement of the pan and joist slab, and
replacemeaof stair landings and treads in the central stair tower. Waterproofing
would consist of expansion joint replacements, application of penetrating sealer to
the roof, recooting portions of the worn traffic topping; routing and sealing floor
cracks; construction control and cove sealant joints, exterior and vertical.joint
sealants, and chemical injection of cracks. The floor drains will be replaced, barrier
cable and masonry walls repaired, and traffic marking renewed.
2: Perform a delamination survey of the floor slab concrete and walk throughAe facilities
Jo update the 2008 repair quantities prior to bidding, and provide an updated opinion
of probable construction cost.
3. Prepare parking function construction documents including. striping; graphics, car,
counting and internaf and external signage.
4 Prepare the architectural construction documentsfor .the proposed.,parki,ng structure
based on th&Owner approved parking structure design development documents.
5. Prepare superstructure structural engineering�construction documents for the parking
structure.
b. Prepare the mechanical, electrical, plumbing and fire protection construction documents
for the parking structure.
7. Coordinate the parking structure design with the civil and landscaping construction
documents: prepared by others.
WALKER
PA -KING CONSUL.YAMS
BIDDING
Wayne Houle
Proposal for Engineering Study
December 13, 2011, 2011
Page 5 of 8
It is our understanding that the Owner intends to Bid the work as a single project, however the
work may be completed in separate, but consecutive years. Walker will support the City of
Edina with one bidding process in the following manner:
Issue documents to the Printer for use in distributing to qualified bidders.
2. Review alternate cost saving methods and substitutions.
3. Interpret documents, answer questions and issue addenda, as needed.
4. Attend up to one pre -bid meetings to answer questions related to the project plans and
specifications.
CONSTRUCTION ADMINISTRATION
1. Review shop drawings and material submittals for the parking structure.
2. Perform construction observations in conjunction with the progress meetings on an
average of once every two (2) weeks during construction. A total thirty two (32) visits
are included in the basic services for the parking structures. A report shall be issued
following each jobsite visit describing the status of the construction. Included in the
thirty two (32) visits are; (2) pre construction and (1) pre - demolition and one (1) pre -
concrete.
3. Provide clarifications and interpretations of the construction documents.
4. Prepare a final punch list for the parking structures and participate in a final punch list
review.
5. Request and review the General Contractor's preparation of maintenance and
operational manuals for the parking structure, including contractor warranties, system
description and maintenance procedures.
CONSTRUCTION PHASE FULL TIME RESIDENT SERVICE (OPTIONAL)
If desired, Walker can provide full time resident engineering services during construction. The
scope of Walker's resident engineering services shall be in accordance with the attached AIA
Document B352 -2000, "Duties, Responsibilities and Limitations of Authority of the Architect's
Project Representative ". Additional fees for this service are available as requested by owner.
WALKER
PARKING CONSULTANTS
Wayne Houle
Proposal for.Engineering Study
December 13, 2011, 2011
Page 6 of 8
SCHEDULE
Walker Parking Consultants is available to provide parking design consulting services upon
authorization to proceed. We will work in an attempt to meet owner's timetable. Current work
schedules are identified, as follows:
City' Council proposal approval December 2011
Perform existing conditions survey January 2012
Design Feasibility Complete February 2012
Construction Documents (Center) March 2012
.Construction Document (South) November 2012
Construction (Center) June '12 - Nov '12
Construction (South) March '13 - Nov '13
PROFESSIONAL FEE
A. current estimate for Total Construction Costs of Center and South ramp improvements is
$8,500,000.00 Dollars. Total Professional service fees for Restoration, expansion Construction
Documents and Construction Administration is $397,000.00 (Three Hundred Ninety Seven
Thousand Dollars). Construction Document reimbursable expenses will be billed at 1.10 times the
cost of travel, 'purchase or rental .of specialized equipment, subconsultants, photographs and
r enderings, document aeproduction,-postage -and delivery costs, long distance telephpne and
facsimile charges, additional service consultants, and other _prolectrelated expenses.
_ WALKER
PARKING CONSULTANTS
Wayne Houle
Proposal for Engineering Study
December 13, 2011, 2011
Page 7 of 8
We appreciate the opportunity to provide this proposal and look forward to assisting the City of
Edina with solving their parking issues. Please review this proposal and let me know if you have
any questions or would like modifications to scope or fee. You can reach me directly at 952 -595-
9116.
Sincerely,
WALKER PAR ING CONSULTANTS
Scott R. Froemming, P.E
Director of Operations
SRF: hha
Enclosure: General Conditions of Agreement for Consulting Services
Exhibit # 1 — Mohagen Hansen Professional Service Agreement
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to
acknowledge your acceptance of the terms contained herein, and to confirm your authorization
for us to proceed. Please return one signed original of this agreement for our records.
CITY OF EDINA
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT
FOR DESIGN SERVICES
WALKER
WRKING (:614017ANi5
SERVICES
Walker Parking Consultants ( "WALKER ") will ,provide the CLIENT professional services that are limited to
the `work described in the attached letter ( "the services "). Any additional services requested will be
provided at,our standard hourly.rates or for a mutually agreed lump sum fee. The services are provided
solely in accordance with written information and documents supplied by the CL'IENT,'and are limited to
and furnished, solely for the specific use disclosed to us in writing by the .CLIENT. No third -party
beneficiary is . contemplated. All documents prepared or provided by WALKER are its instruments of
service, and any use for modifications or extensions of this work, for new projects, or for completion of
this project by others without WALKER's specific written,consent will beat CLIENT's sole risk.
PAYMENT FOR SERVICES
WALKER will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or
rental of specialized equipment, photographs and renderings, document reproduction, postage and
delivery costs, long distance telephone and facsimile charges,' additional service consultants, and other
project related expenses. Payment is due upon receipt of invoice. If 'for any reason the CLIENT does not
pay WALKER within thirty (30) days of date of invoice, WALKER may, at its option, suspend or withhold
services. The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (1'h %)
per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
-using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by. its acts, errors or omissions shall be limited to $2,000,000.
PERIOD OF SERVICE
In the event that no contract administration .phase services are to be provided by WALKER, services shall
be complete the earlier of (1) the date when; final documents are accepted by the CLIENT or (2) thirty
days after final documents are delivered - to. the - CLIENT. If contract iadministration phase services a`re
provided by WALKE R,` services shall be complete upon the_ earlier of (]),the time of approval; by WALKER
of ,final payment to the contractor or (2) thirty (30) .days after completion of the work designed by
WALKER.
\\mn•svrlos \markefing` proposal \proposal 2011 \city of edino \fronce 50th district improvements \50th district final \prop Itr cd 12) 121311 edina_mn_houle_vl
O.doc
STANDARD BILLING RATES - 2011
BASIC SERVICES
WALKER
PARKING CONSULTANTS
PRINCIPALS
Principal............................................................................................ ............................... $220.00
PROJECT MANAGEMENT
Senior Project Manager ....................................................................... ............................... $210.00
Project Manager ...... ............................... $
............................................ ............................... 175.00
PARKING CONSULTANTS
Senior Parking Consultant ................ ............................... $210.00
..................... ...............................
ParkingConsultant .............................................................................. ............................... $175.00
DESIGN
Senior Engineer / Senior Architect ............... ........ $170.00
................................. ...............................
Engineer/ Architect ............................................................................ ............................... $145.00
Designer.......................................................................................... ............................... $135.00
TECHNICAL
SeniorTechnician ............................................................................... ............................... $120.00
Technician......................................................................................... ............................... $105.00
SUPPORT
Senior Admin Assistant / Business Mgr .................................................. ............................... $ 83.00
AdministrativeAssistant ....................................................................... ............................... $ 63.00
Subject to annual adjustment on January 1 each year.
EXHIBIT # 1
December 13, 2011
Mr. Scott Froemming, P.E.
Director of Operations
Walker Parking Consultants
1660 South Highway 100, Suite 424
Minneapolis, MN 55416
Re: Professional Service Agreement
City of Edina, MN
Municipal Parking Ramp Feasibility Study
Mohagen/Hansen
Dear Mr. Froemming:
Mohagen
Hansen
Architectural
Group
Mohagen/Hansen Architectural Group is pleased to submit this fee proposal between Walker Parking
Consultants (Client) and Mohagen/Hansen Architectural Group (Architect). This letter of agreement will
serve as a contract to provide professional architectural design services in association with the feasibility
study and schematic design, construction documentation, and construction administration for the
expansion and renovation of the South Parking Ramp and Middle Parking Ramp in the 50th and France
neighborhood of Edina, MN.
The following proposal represents our understanding of the project and the associated fee to implement
the requested services. Upon review and approval of the outlined project scope, Mohagen/Hansen will
execute the proposed services. Our proposal is as follows:
I. The Project
City of Edina
Municipal Parking Ramp Feasibility Study
Edina, Minnesota
The Client hereby authorizes the Architect to:
(X) Proceed with Original Scope of Services
(X) Incur Reimbursable Expenses
( ) Proceed with Additional Services
( ) Proceed with Revised Scope of Services
1000 Twelve Oaks Center Wye
Suite 200
Wagala, MN 55391
Tel 952.426.7400
Fax 952.426,9440
www.mohagenhansen.com
a.
Planning.'
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 2 of 6
II. Scope of Services Feasibility Study
The proposed Feasibility Study and Schematic Design Phase will involve the evaluation and
analysis of the existing Middle Parking Ramp and the South Parking Ramp located at 50w and
France in Edina, MN. The scope of work is extremely complicated due to the existing constraints
and will involve a variety of detailed tasks to clearly identify the scope of services and related
construction cost. The following is an outline of our proposed scope of services and related fees
for completing the work.
1. General Documentation Preparation
Mohagen/Hansen will evaluate the existing construction documents of the parking ramps as
provided by Walker Parking Consultants, and determine what is required for record /field
documentation of the both of the existing middle and south parking structures.
Mohagen/Hansen will execute the necessary field verification to complete the record drawings
for each parking ramp. This information will be used as the base document for future work. It
is also understood that Walking Parking Consultants will conduct a field survey of the existing
site to verify property lines and building setbacks. Due to the tight timeframes,
Mohagen/Hansen will work from existing, non - verified documentation in order to start the
work, and will attach the proposed information once the survey is complete.
Associated Tasks:
■ Gather existing documentation from Walker.
• Develop record drawings using original drawings and basic CAD files from Walker.
■ Field verify, document, measure existing conditions (incl. photo doc.).
■ Incorporate all findings into 2D CAD data base (plans, sections, elevations).
■ Provide assessment of any conditions or issues not previously recognized.
2. Code Evaluation
Mohagen/Hansen will perform a minimal code evaluation of the ramps, and note observations
during our onsite tours of the existing ramps. Walker Parking Consultants will take the Lead
on the code evaluation and will be responsible for documenting the deficiencies and will work
with the City to document the necessary code modifications. Mohagen/Hansen will attend a
meeting with the City and Walking Parking Consultants to evaluate the scope of work
necessary to correct any code deficiencies.
Associated Tasks:
■ Work with Walker and the City to evaluate existing code compliance in ramps and
relative to adjacent properties and proposed work.
■ Document deficiencies and possible resolution.
■ Address ADA issues throughout each ramp.
■ City Building Officials to provide thorough code compliance report/requirements prior
to project development.
■ Incorporate code information into documents used for bidding/pricing.
■ Mohagen/Hansen Architectural Group
® Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 3 of 6 -
3. Schematic Design Phase
Mohagen/Hansen, working in conjunction with Walker Parking Consultants, will develop a
schematic layout for the expansion of the South Parking Ramp and development of a new
stairway /elevator core to be added within the ramp. Mohagen/Hansen will also develop a
schematic layout for the development of a new stairway and elevator core to be added to the
Middle Parking Ramp as well.
Mohagen/Hansen will also provide the conceptual design for the addition of a new screening
element for both,ramps. The purpose of the screening concept is to improve the aesthetic
character of the existing ramps and make them more appealing within -the surrounding
context.
Associated Tasks:
Middle Ramp:
■ Develop design for a 2 level vertical expansion with a new circulation core.
• Develop optional north facade treatment.
• Re- design trash collection areas to provide appropriate screening, enclosure and access.
■ Site related work will be executed by. others; Mohagen/Hansen will coordinate as
required.
■ Structural design /documentation will be by Walker, including refurbishing efforts.
■ MEP work will be by others.
South Ramp:
■ Develop new design for lateral expansion of existing levels.
■ Develop new circulation core — likely at north end of ramp.
■ Develop detailed treatment for south and partial east and west facades with
consideration of lighting, screening.and views from residence to the south.
■ Re- design existing trash area to maximize usage and access.
■ Site, structural, and MEP work is by others, Mohagen/Hansen will coordinate as
required.
4. Community Relations
As part of the proposed fee for completion of the Feasibility Study and Schematic Design,
Mohagen/Hansen will be involved with City staff meetings, Neighborhood meetings and City
Council/Planning Meetings in an effort to obtain approval for the project:'
Associated.Tasks:
• Prepare presentation materials for preliminary meeting with City staff; for one
neighborhood meeting; and for one round of planning commission/City Council
Meetings, 3D graphics are not required or included.
• Presentation materials will include
Site plan graphics
Ramp plans
2D exterior elevations, in color
5. Pricinaudget Analysis
Upon approval of the conceptual concept for the aesthetic improvements to the ramps,
■ Mohagen /HansenArchitecturalGroup
7
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 4 of 6
Mohagen/Hansen will prepare schematic design pricing documents for the execution of the
work. The work will be priced for alignment with the proposed budget and modified as
required, to meet the overall budget.
Associated Tasks:
■ It is understood that the overall project budget is $8.5M over two years.
■ The City intends to do a standard public bid process, but will consider CM @Risk as an
option.
■ Documents for the project will be set up for full public bid, with specifications.
• The Owner will arrange for all soil testing, special testing and inspections.
• Budget pricing will be by Walker.
END OF FEASIBILITY SCOPE
BEGIN CONSTRUCTION DOCUMENT SCOPE
6. Future Work (Design Development, Construction Documents, Construction Administration)
Upon approval of the schematic concept and budget analysis, Mohagen/Hansen will perform
the Design Development, Construction Document and Construction Administration Phases
necessary to execute the project. The final scope of work will be modified to align with the
final project approval.
Associated Tasks:
Complete construction plans for each ramp: Code plans, general information, demo plans,
floor plans, sections, elevations, roof plans, details, RCP's for core areas, full specification
manual, divisions 1 -14.
Walker will be the lead firm, coordinating/reviewing submittals. Mohagen/Hansen will
provide limited CA services to support Walker.
CA is based on 5 months of construction time for each project and the following:
■ (2) Construction meetings /month per project
■ (1) Final punch review per project review of submittals and issuance of standard
responses to RFP's and clarifications.
Project AssumRtions:
1. Upon approval of the Feasibility Study /Schematic Design Phase, the overall scope will need
to be evaluated to ensure that the proposed fee range aligns with the final scope definition.
III. 2011- Estimated Hourly Rate Schedule
■ Mohagen/Hansen Architectural Group
Ll
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 5 of 6
The following fee schedule is an estimated range of the hourly rates. The actual hourly rate of a
particular project will be based on the specific individual working on the project. The schedule
is subject to revision based on periodical staff reviews.
Principal
$165.00
Director of Interior Design
140.00
Senior Project Architect
90.00-125.00
Senior Project Captain
80.00 — 120.00
Senior Project Designer, Senior Interior Designer
75.00 — 115.00
Project Architect
80.00 — 95.00
Project Captain
70.00 — 90.00
Project Designer, Interior Designer
60.00 — 80.00
Intem Architect
60.00 — 80.00
CADD Technician: Level III/Intem Architect
75.00 — 90.00
CADD Technician: Level II/Intern Architect
65.00 — 80.00
CADD Technician: Level I/Interns
60.00 — 65.00
Marketing
60.00 — 80.00
Administrative
55.00 — 70.00
IV. Reimbursable Expenses
Reimbursable expenses will be billed as incurred.
Cost for copies of drawings, specifications, reports, cost estimates, xerography and photographic
reproduction of drawings and other documents furnished or prepared in connection with the work of this
contract, as required for coordination with the Client and Mohagen/Hansen, or other consultants.
Cost of shipping expenses. Costs of photographic services, film processing and print reproduction. Cost
of models, special renderings, promotional photography, special process printing, special equipment,
special printed reports or publications, maps and documents. Fees for additional special consultants
retained for specialized services with the prior approval of Client.
Cost of travel via commercial carrier or other means, lodging, meals, car rental, parking, and any other
project related out -of- pocket expenses. Long distance trips and expenses are subject to Client approval
prior to execution.
■ Mohagen/Hansen Architectural Group
0
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 6 of 6
V. Payment
Invoices will be submitted on a monthly basis. Support documentation for expenses is available upon
request. Payment shall be received by the Architect within forty -five (45) days of the dated invoice.
Unpaid invoices will incur a finance charge of 18% annually after sixty (60) days on the full- unpaid invoice
amount. In the event that Tenant breaches any of the terms of this Agreement, including the terms of
payment, Mohagen/Hansen shall be entitled to recover all of its costs and expenses, including attorney's
fees, attributed to enforcing the payment provisions of this Contract.
VI. Time
Work will commence immediately and Mohagen/Hansen Architectural Group will complete the
outlined Scope of Services within a mutually agreed upon schedule unless modified by written
agreement by the Tenant and Mohagen/Hansen.
VII. Existing Conditions
The Tenant agrees to provide existing condition documentation in a timely fashion and the
Mohagen/Hansen shall be allowed to rely upon those documents.
We appreciate the opportunity to submit to you our fee proposal and are excited to work with you on
this project. Should you have any questions or require additional information, please feel free to contact
me at (952) 426 -7400.
Sincerely,
Mohagen/Hansen Archl tee tural Group
k4a"tw-.6
Mark L. Hansen, AIA, NCARB, LEED AP
Principal
■ Mohagen/Hansen Architectural Group
0 Le
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item #
IV. F.
From:
Wayne D. Houle, PE
City Engineer
® Action
F-1 Discussion
Information
Date: December 20, 2011
Subject:
Engineering Services For 50th & France Parking Structure Improvements
Recommendation:
Authorize City Manager to approve attached proposals for the feasibility study and
construction documents for improvements to the center ramp and south ramp located at
50th and France.
Info /Background:
These proposals are for the feasibility study and construction documents for the
improvements to the center and south ramps at 50th & France. The schedule of the
project includes meetings with the adjacent property owners (public informational
meeting), Edina Planning Commission, 50th & France Association, 50th & France Owners
Group, and the City Council. The fee for this work is $201,800.00 for the feasibility study
and $397,000.00 for the construction documents, which is approximately 7.0% of the
estimated construction cost.
ATTACHMENTS:
Engineering Proposal Feasibility Study 50th & France Public Parking
Engineering Proposal Construction Documents 50th & France Public Parking
g : \pw \central Svcs \commer areas \50th & fronce \streetscapes \20111220 parking ramp feasibility \Item ME engineering services for 50th it France parking structure
improvements.docx
46WALKER
PARKING CON5UUANTS
December 13, 2011
Wayne D. Houle P.E.
Director of Public Works
City Engineer
4801 West 50th Street
Edina, MN 55424 -1394
Re: Proposal for Consulting Engineering
50" and France Public Parking
South and Center Ramp Expansion Feasibility
Edina, MN
Dear Wayne,
1660 S. Highway 100, Suite 424
Minneapolis, MN 55416
Voice: 952.595.9116
Fax: 952.595.9518
www.wa I ke rpa ski ng.co m
Walker Parking Consultants is pleased to submit for your review the proposal for Center and
South_ parking ramp expansion engineering feasibility study. Walker proposes providing parking
consulting services to evaluate existing conditions for future parking expansions of the Center and
South public ramps in the 50t' and France-District in Edina, Minnesota.
PROJECT UNDERSTANDING
We understand the City of Edina and the 50'h and France Owners Group are concerned with the
existing 50'h and France area public parking ramp stall capacities, serviceability, and
"accessibility. Focus of building improvement for the scope of this proposal will be limited to the
Center and South. Parking ramps located near 50' and France.dvenue south in downtown Edina.
Walker proposes to, provide engineering -study for the existing garages. for the possibility of
additional parking levels (Centel), horizontal addition (South) and accessibility ,up- grading. In
conjunction with this work, the City of Edina is consideririg contracting with another design firm to
upgrade existing sidewalks and landscape within: the areas immediately adjacent to the ramps.
The existing Center parking ramp is a 3 tier precast structure constructed in 1975 with
approximately 274 stalls and plan dimensions of 258' x 117'. The existing South ramp is a 4 tier
cast -in -place structure constructed in 1969, '78, '87, with approximately 407 stalls and plan
dimensions of 188' x 208'.
\ \mn- svrl -os \marketing \-PROPOSAL \Proposal 2011 \City of Edina \France 50th district improvements \50th District
FinoAProp Itr feasibility (1 ) 121311 Edina MN Houle V1 O.doc
WALKER
FARKNG CONSUUMTS
SCOPE OF SERVICES
Wayne Houle
Proposal for Engineering Study
November 21, 2011
Page 2 of 6
The architectural and engineering evaluation of the existing structures will include conceptual
structural and architectural design to confirm the feasibility for adding one or two levels for Center
ramp, a south horizontal addition for South ramp, and re- considering the functional design to
maximize accessibility improvements. Consideration for an accessible upgrades include the
addition of an elevator and relocation of stall marking to better facilitate an accessible route from
the parking area to the public way. Feasibility phase will continue to incorporate design work
findings and owner decision making process for a completeness level of traditional Design
development phase in an attempt to meet owners schedule requests. Scope does not include civil
engineering, irrigation, landscape architecture or complete electrical switch gear replacement.
ARCHITECTURAL FEASIBILITY
1. The overall goal of the feasibility study is to establish the architectural improvements that
will be required to meet current building codes for two options i.e., the addition of one or
two parking levels (Center ramp) and Horizontal four level addition (South ramp).See
attached architectural scope Exhibit #I through End Of Feasibility Scope.
GENERAL STRUCTURAL EVALUATION
2. The overall goal of the feasibility study is to establish the structural improvements that will
be required to meet current building codes for two options i.e., the addition of one or two
parking levels (Center ramp) and Horizontal four level addition (South ramp).
3. Perform the existing conditions investigation and preliminary structural analysis as
described below.
A. Provide schematic drawings, outline specifications, and approximate material quantities
for all new structure and reinforced existing structure. The drawings, specifications and
existing structure data will provide the basis for the probable cost opinion.
5. Once the required improvements are known, Walker will prepare opinions of probable
cost for each improvement for the two options.
EXISTING CONDITIONS INVESTIGATION
Owner shall obtain soil samples and a geotechnical report of allowable bearing values.
Walker parking will provide soil investigation information to identify general scope of
geotechnical services required to assist owner to contract the services.
2. Take concrete cores from selected columns to verify actual concrete strength for future
loads.
WALKER
PARKING CONSULTANi5
STRUCTURAL ANALYSIS AND PRELIMINARY DESIGN
Wayne Houle
Proposal for Engineering Study
November 21, 2011
Page 3of6
1. Perform structuralanalysis.of the following major new and - existing components for vertical
and lateral loads determination (wind and seismic) per. the 2007 Minnesota State building
code and certain provisions of the 2006 International, Building Code.
a. Existing footing capacity evaluation and design of required-footing (drilled pile,
soil solidifying etc.) underpinnings.
b. Lateral load analysis for one and,two story addition options for Center ramp.
c. Conceptual design of new Center and South ramp elevator tower to provide
accessible parking egress.
d. Column capacity and strengthening requirements.
e. Beam capacity and strengthening requirements for removal, or modifications
required to implement design concepts.
f. Preliminary lateral force resisting system design (shear walls) and shear wall
foundations.
g. Floor diaphragm capacity and connection to shear wall requirements.
h. New grade beams to tie footings together as applicable.
i. Cadd draft background image of Center and South parking areas, additional
stair /elevator towers and other code required minimum egress facilities.
SCHEMATIC DESIGN
1. Meet with the Project Team to confirml the program for the project and review
conceptual design work to date.
2. Review available project site topographic survey,information and; advise the Project
Team.of additional information required.
3. Assist the--Owner in developing 6 project scope'definition submittal for approval by the
City of Edina. Walker will prepare preliminary scope for restoration priorities and scope
limits for building expansion including building elevations (with limited detail) and
massing. drawings: Our drawings will -be combined with Owner prWided-project site
plans, grading and utility plans and landscaping plans to complete this submittal
package.
4. Review the available project specific parking or traffic study as available. We have
assumed that any traffic study would be prepared by others and that the Owner would
provide copies to us.
5. Review points of parking structure ingress and egress with respect to traffic and
pedestrian flows that would affect the operation of access points.
Wayne Houle
44 WAL 9R Proposal for Engineering Study
PARK ING CON SU«ANrS November 21, 2011
Page 4of6
6. Refine and finalize development of the selected parking structure expansion option by
illustrating the circulation system, entry/exit locations, parking layout and relationships
to the adjacent buildings, property lines, construction phasing and the garbage
management program element.
7. Determine the location and size of the stairtower and the stair /elevator tower.
8. Discuss the possibilities for parking garage counting equipment.
9. Prepare schematic plans for the selected parking structure option describing:
a. Vehicular and pedestrian traffic flow.
b. Preliminary parking layout including bay size, stall size, parking angle, turning radii
and requirements of the Americans with Disabilities Act Design Guidelines (ADAAG).
c. Vehicular entrance and exit lanes.
d. Garbage management facilities and truck access locations.
e. Stair and stair /elevator locations.
ARCHITECTURAL DESIGN
Walker will prepare the architectural schematic design documents; including
architectural elevations and wall sections for the parking structure.
STRUCTURAL DESIGN
1. Prepare typical floor plans and details for a cast -in- place, post- tensioned concrete and a
precast, prestressed concrete structural system for each structure as appropriate to
match existing construction materials.
2. General
a. Attend up to three (3) Project Team meetings to present the schematic design. In
conjunction with a team meeting, we anticipate meeting with the City to review the
design and code parameters.
SCHEDULE
Walker Parking Consultants is available to provide parking consulting services upon authorization
to proceed. We will work in an attempt to meet owner's timetable. Current preliminary work
schedules are identified as follows:
City Council proposal approval
December 2011
Perform existing conditions survey
January 2012
Design Feasibility Complete
February 2012
4igWALKER
PARKING COkMIANTS
PROFESSIONAL FEE
Wayne Houle
Proposal for Engineering Study
November 21, 2011
Page 5 of 6
We propose to provide the described scope for a lump sum fee of $201,800.00 (Two Hundred
and One Thousand Eight Hundred Dollars). Reimbursable expenses will be billed at 1.10 times
the cost of travel, purchase or rental of specialized equipment, subconsultants, photographs and
renderings, document reproduction, postage and delivery costs, long distance telephone and
facsimile charges, additional service consultants, and other project related expenses.
In addition to these professional engineering fees, we estimate the owner should anticipate
geotechnical investigation fees estimated as $10,500.00 for Center and South ramp building
addition bearing capacity recommendations. Additionally, the owner shall budget $5,500.00 for
survey of existing building sites.
We appreciate the opportunity to provide this proposal and look forward to assisting the City of
Edina with solving their parking issues. Please review this proposal and let me know if you have
any questions or would like modifications to scope or fee. You can reach me directly at 952 -595-
9116.
Sincerely,
WALKER PARKING CONSULTANTS
Scott R. Froemming, P.E
Director of Operations
SRF: hha
Enclosure: General Conditions of Agreement for Consulting Services
Exhibit #I — Mohagen Hansen Professional Service Agreement
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to
acknowledge your acceptance of the terms contained herein, and to confirm your authorization
for us to proceed. Please return one signed original of this agreement for our records.
CITY OF EDINA
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT WALK It
FOR CONSULTING SERVICES PARKINGCONSUUANiS
PAGE 6OF6
SERVICES
Walker Parking Consultants ( "WALKER ") will provide the CLIENT professional services that are limited to
the work described in the attached letter ( "the services "). Any additional services requested will be
provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided
solely in accordance with written information and documents supplied by the CLIENT, and are limited to
and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third -party
beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of
service, and any use for modifications or extensions of this work, for new projects, or for completion of
this project by others without WALKER's specific written consent will be at CLIENT's sole risk.
PAYMENT FOR SERVICES
WALKER will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at 1.10 times the cost of travel and living expenses, purchase or
rental of specialized equipment, photographs and renderings, document reproduction, postage and
delivery costs, long distance telephone and facsimile charges, additional service consultants, and other
project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not
deliver payment to WALKER within thirty (30) days of date of invoice, WALKER may, at its option,
suspend or withhold services. The CLIENT agrees to pay WALKER a monthly late charge of one and one
half percent (1'/2 %) per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater.
Any estimates or projections provided by WALKER will be premised in part upon assumptions provided
by the CLIENT. WALKER will not independently investigate the accuracy of the assumptions. Because of
the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated
or projected results and such variations may be material. As such, WALKER makes no warranty or
representation, express or implied, as to the accuracy of the estimates or projections.
PERIOD OF SERVICE
Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT
or (2) thirty (30) days after final documents are delivered to the CLIENT.
\ \mn -svrI os \marketing \-PROPOSAL \Proposal 201 1 \City of Edina \France 50th district improvements \50th District Final \Prop
Itr feasibility (1) 121311 Edina MN Houle_V 1 O.doc
72
EXHIBIT #I
December 13, 2011
Mr. Scott Froemming, P.E.
Director of Operations
Walker Parking Consultants
1660 South Highway 100, Suite 424
Minneapolis, MN 55416
Re: Professional Service Agreement
City of Edina, MN
Municipal Parking Ramp Feasibility Study
Mohagen/Hansen
Dear Mr. Froemming:
Mohagen
Hansen
Architectural
Group
Mohagen/Hansen Architectural Group is pleased to submit this fee proposal between Walker Parking
Consultants (Client) and Mohagen/Hansen Architectural Group (Architect). This letter of agreement will
serve as a contract to provide professional architectural design services in association with the feasibility
study and schematic design, construction documentation, and construction administration for the
expansion and renovation of the South Parking Ramp and Middle Parking Ramp in the 50th and France
neighborhood of Edina, MN.
The following proposal represents our understanding of the project and the associated fee to implement
the requested services. Upon review and approval of the outlined project scope, Mohagen/Hansen will
execute the proposed services. Our proposal is as follows:
I. The Project
City of Edina
Municipal Parking Ramp Feasibility Study
Edina, Minnesota
The Client hereby authorizes the Architect to:
(X) Proceed with Original Scope of Services
(X) Incur Reimbursable Expenses
( ) Proceed with Additional Services
( ) Proceed with Revised Scope of Services
1000 Twelve Oaks Centee chive
Sulle 200
Wayzata, MN 55391
Tel 952.426.7400
Fax 852.426.7440
4 www.mo6ai)enhansen.com
Mohagen
,VIM
Planning'
N
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 2 of 6
II. Scope of Services Feasibility Study
The proposed Feasibility Study and Schematic Design Phase will involve the evaluation and
analysis of the existing Middle Parking Ramp and the South Parking Ramp located at 50th and
France in Edina, MN. The scope of work is extremely complicated due to the existing constraints
and will involve a variety of detailed tasks to clearly identify the scope of services and related
construction cost. The following is an outline of our proposed scope of services and related fees
for completing the work.
1. General Documentation Preparation
Mohagen/Hansen will evaluate the existing construction documents of the parking ramps as
provided by Walker Parking Consultants, and determine what is required for record /field
documentation of the both of the existing middle and south parking structures.
Mohagen/Hansen will execute the necessary field verification to complete the record drawings
for each parking ramp. This information will be used as the base document for future work. It
is also understood that Walking Parking Consultants will conduct a field survey of the existing
site to verify property lines and building setbacks. Due to the tight timeframes,
Mohagen/Hansen will work from existing, non - verified documentation in order to start the
work, and will attach the proposed information once the survey is complete.
Associated Tasks:
• Gather existing documentation from Walker.
■ Develop record drawings using original drawings and basic CAD files from Walker.
■ Field verify, document, measure existing conditions (incl. photo doc.).
■ Incorporate all findings into 2D CAD data base (plans, sections, elevations).
■ Provide assessment of any conditions or issues not previously recognized.
2. Code Evaluation
Mohagen/Hansen will perform a minimal code evaluation of the ramps, and note observations
during our onsite tours of the existing ramps. Walker Parking Consultants will take the Lead
on the code evaluation and will be responsible for documenting the deficiencies and will work
with the City to document the necessary code modifications. Mohagen/Hansen will attend a
meeting with the City and Walking Parking Consultants to evaluate the scope of work
necessary to correct any code deficiencies.
Associated Tasks:
• Work with Walker and the City to evaluate existing code compliance in ramps and
relative to adjacent properties and proposed work.
■ Document deficiencies and possible resolution.
• Address ADA issues throughout each ramp.
• City Building Officials to provide thorough code compliance report /requirements prior
to project development.
■ Incorporate code information into documents used for bidding /pricing.
■ Mohagen/Hansen Architectural Group
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 3 of 6
3. Schematic Design Phase
Mohagen/Hansen; working mi conjunction with Walker. Parking Consultants, will develop a
schematic layout for the expansion of the South Parking Ramp and development of a new
stairway /elevator core to be added within the ramp. Mohagen/Hansen will also develop a
schematic layout for-the development of a new stairway and elevator . core to be added to the
Middle' Parking Ramp as well. -
Mohagen/Hansen will also provide the conceptual design for the addition of iriew screening
element for both ramps. The purpose of the screening concept is to improve the aesthetic
character of the existing ramp's and make them more appealing within the surrounding
context.
Associated Tasks:
Middle Ramp:
■ Develop design for a 2 level vertical expansion with a new circulation core.
■ Develop optional north fagade treatment.
■ Re- design trash collection areas to provide appropriate screening, enclosure and access.
■ Site related work will be executed by others; Mohagen/Hansen will coordinate as
required.
■ Structural design /documentation will be by Walker, including_ refurbishing efforts.
■ MEP work will be by others.
South Ramp:
• Develop new design for lateral expansion of existing levels.
■ Develop new circulation core — likely at north end of ramp.
■ Develop detailed treatment for south and partial east and west facades with
consideration of lighting, screening and.view`s from- residence to the south.
■ Re- design existing trash area to maximize.usage and access.
• Site, structural, and MEP -work is by others, Mohagen/Hansen will coordinate as
required.
4. ' Commuriit3'Relations,
As part of:the.proposed "fee for completion of the Feasibility Study and Schematic Design,
Mohagen/Hansen will lbe involved with City staff meetings, Neighborhood meetings and City
Counc ii/pi 'anning Meetings in an effort to obtain approval for the project.
Associated Tasks:
■ Prepare presentation materials for preliminary meeting with City staff; for one
neighborhood meeting; and for one round of planning commission /City Council
Meetings, 3D graphics are not required or included.
■ Presentation materials will include
Site plan graphics
- Ramp plans
- 2D exterior elevations, in color
5. PricingMudget Analysis
Upon approval of the conceptual concept for the aesthetic improvements to the ramps,
® Mohagen/Hansen Architectural Group
N
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 4 of 6
Mohagen/Hansen will prepare schematic design pricing documents for the execution of the
work. The work will be priced for alignment with the proposed budget and modified as
required, to meet the overall budget.
Associated Tasks:
• It is understood that the overall project budget is $85M over two years.
■ The City intends to do a standard public bid process, but will consider CMQRisk as an
option.
■ Documents for the project will be set up for full public bid, with specifications.
• The Owner will arrange for all soil testing, special testing and inspections.
■ Budget pricing will be by Walker.
END OF. FEASIBILITY SCOPE
BEGIN CONSTRUCTION DOCUMENT SCOPE
6. Future Work (Design Development, Construction Documents, Construction Administration)
Upon approval of the schematic concept and budget analysis, Mohagen/Hansen will perform
the Design Development, Construction Document and Construction Administration Phases
necessary to execute the project. The final scope of work will be modified to align with the
final project approval.
Associated Tasks:
• Complete construction plans for each ramp: Code plans, general information, demo plans,
floor plans, sections, elevations, roof plans, details, RCP's for core areas, full specification
manual, divisions 1 -14.
• Walker will be the lead firm, coordinating /reviewing submittals. Mohagen/Hansen will
provide limited CA services to support Walker.
• CA is based on 5 months of construction time for each project and the following:
■ (2) Construction meetings /month per project
■ (1) Final punch review per project review of submittals and issuance of standard
responses to RFP's and clarifications.
Project Assumptions:
1. Upon approval of the Feasibility Study /Schematic Design Phase, the overall scope will need
to be evaluated to ensure that the proposed fee range aligns with the final scope definition.
III. 2011- Estimated Hourly Rate Schedule
■ Mohagen/Hansen Architectural Group
0
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 5 of 6
The following fee schedule is an estimated range of the hourly rates. The actual hourly rate of a
particular project will be based on the specific individual working on the project. The schedule
is subject to revision based on periodical staff reviews.
Principal
$165.00
Director of Interior Design
140.00
Senior Project Architect
90.00-125.00
Senior Project Captain
80.00 — 120.00
Senior Project Designer, Senior Interior Designer
75.00 — 115.00
Project Architect
80.00 — 95.00
Project Captain
70.00 — 90.00
Project Designer, Interior Designer
60.00 — 80.00
Intern Architect
60.00 — 80.00
CADD Technician: Level III/Intern Architect
75.00 — 90.00
CADD Technician: Level II/Intem Architect
65.00 — 80.00
CADD Technician: Level I/Interns
60.00-65.00
Marketing
60.00— 80.00
Administrative
55.00 — 70.00
IV. Reimbursable Expenses
Reimbursable expenses will be billed as incurred.
Cost for copies of drawings, specifications, reports, cost estimates, xerography and photographic
reproduction of drawings and other documents furnished or prepared in connection with the work of this
contract, as required for coordination with the Client and Mohagen/Hansen, or other consultants.
Cost of shipping expenses. Costs of photographic services, film processing and print reproduction. Cost
of models, special renderings, promotional photography, special process printing, special equipment,
special printed reports or publications, maps and documents. Fees for additional special consultants
retained for specialized services with the prior approval of Client.
Cost of travel via commercial carrier or other means, lodging, meals, car rental, parking, and any other
project related out -of- pocket expenses. Long distance trips and expenses are subject to Client approval
prior to execution.
■ Mohagen/Hansen Architectural Group
L
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 6 of 6
V. Payment
Invoices will be submitted on a monthly basis. Support documentation for expenses is available upon
request. Payment shall be received by the Architect within forty -five (45) days of the dated invoice.
Unpaid invoices will incur a finance charge of 18% annually after sixty (60) days on the full- unpaid invoice
amount. In the event that Tenant breaches any of the terms of this Agreement, including the terms of
payment, Mohagen/Hansen shall be entitled to recover all of its costs and expenses, including attorney's
fees, attributed to enforcing the payment provisions of this Contract.
VI. Time
Work will commence immediately and Mohagen/Hansen Architectural Group will complete the
outlined Scope of Services within a mutually agreed upon schedule unless modified by written
agreement by the Tenant and Mohagen/Hansen.
VII. Existing Conditions
The Tenant agrees to provide existing condition documentation in a timely fashion and the
Mohagen/Hansen shall be allowed to rely upon those documents.
We appreciate the opportunity to submit to you our fee proposal and are excited to work with you on
this project. Should you have any questions or require additional information, please feel free to contact
me at (952) 426 -7400.
Sincerely,
Mohagen/Hansen Architectural Group
K446$t�lf
Mark L. Hansen, AIA, NCARB, LEED AP
Principal
■ Mohagen/Hansen Architectural Group
WALKER
PARKING CON5ULTANTS
December 13, 2011
Wayne D. Houle P.E.
Director of Public Works
City Engineer
4801 West 50' Street
Edina, MN 55424 -1394
Re: Proposal for Consulting Engineering
50' and France Public Parking
South and Center Ramp Construction Documents
Edina, MN
Dear Wayne,
1660 S. Highway 100, Suite 424
Minneapolis, MN 55416
Voice: 952.595.9116
Fax: 952.595.9518
www.walkerporking.com
Walker Parking Consultants is pleased to submit for your review the proposal for Center and
South parking ramp expansion restoration and expansion construction documents. Walker
proposes providing prime parking facility design services to upgrade existing conditions for
parking repairs and expansions of the Center and South public ramps in the 50" and France
District in Edina, Minnesota.
PROJECT UNDERSTANDING
We understand the City of Edina and the 50' and France Owners group are concerned with the
existing 50" and France area public parking ramp stall capacities, serviceability and accessibility.
Focus of building improvement for the scope of this proposal will be limited to the Center and
South Parking ramps located near 50' and France Avenue South in downtown Edina. Walker
proposes to provide architecture and engineering for the authorized building additions and
restoration for the existing garages consisting of feasible additional parking level (Center),
horizontal addition (South) and elevator tower accessibility up- grading for each. In conjunction
with this work, the City of Edina is considering contracting with another design firm to provide
civil engineering for upgrade of existing sidewalks and landscape within the areas immediately
adjacent to the ramps.
The existing Center parking ramp is a 3 tier precast structure constructed in 1975 with
approximately 274 stalls and plan dimensions of 258' x 117'. The existing South ramp is a 4 tier
cast -in -place structure constructed in 1969, '78, '87, with approximately 407 stalls and plan
dimensions of 188' x 208'.
\ \mn- svr1- os \marketing\,-PROPOSAL \Proposal 2011 \City of Edina \France 50th district improvements \50th District
Final \Prop Itr CD (2) 121311 Edina WIV Houle _V1 O.doc
WALKER
PARKING COMOLTANTS
SCOPE OF SERVICES
Wayne Houle
Proposal for Engineering Study
December 13, 2011, 2011
Page 2of8
The architectural and engineering evaluation of the existing structures may impact the scope of
adding vertical levels for Center ramp and horizontal addition for South ramp. This proposal
anticipates a one /two level addition to the Center ramp (Concept 1) and a south horizonatal
addition to the South ramp (Concept 3). Additionally, restoration of the Center and South ramps
are included in this proposal. The design of a partial (25 %) waffle slab replacement is t included
in this proposal. The final scope of the other restoration components is not identified as scope
items may be modified based on owner's budget constraints. Consideration for accessible
upgrades at this time include the addition of an elevator and relocation of stall marking to better
facilitate an accessible route from the parking area to the public way for each facility.
DESIGN DEVELOPMENT
ARCHITECTURAL DESIGN
1. Walker will prepare the architectural schematic design documents; including
architectural elevations and wall sections for the parking structure. See attached
architectural scope Exhibit #I Begin Construction Document Scope.
STRUCTURAL DESIGN
Prepare typical floor plans and details for a cast -in- place, post- tensioned concrete and a
precast, prestressed concrete structural system for each structure as appropriate to
match existing construction materials.
2. General
a. Attend up to three (3) Project Team meetings to present the schematic design. In
conjunction with a team meeting, we anticipate meeting with the City to review the
design and code parameters.
1. Functional Design
a. Update the schematic plans for the parking structure to confirm the following:
• Vehicular and pedestrian flow.
• Parking layout.
• Entrance and exit lanes.
• Tower locations.
• Garbage management structure and truck access locations.
b. As requested develop car counting signage locations and system integrations.
Wayne Houle
WALKER Proposal for Engineering Study
PARKING CONSULTANTS December 13, 2011, 2011
Page 3of8
c. Prepare additions to the internal vehicular and pedestrian graphics package.
2. Architectural Design
a. Develop the architectural design development documents including architectural
elevations, wall sections, finish materials and outline specifications for the parking
structures. See attached architectural scope Exhibit #7 Beginning Construction
Document Scope.
3. Structural Design
a. Prepare typical tier framing plans and details for the selected structural concrete
system for the parking structure.
b. Locate and detail recommended expansion joints for the structure.
c. Prepare a foundation construction documents for the parking structure.
d. Review with the Project Team alternatives for existing structure restoration scope.
Coordinate with restoration with owner's budget, expansion construction
requirements, and increased structural durability.
b. Electrical Design
a. Prepare parking structure expansion electrical plans. Coordinate scope with
restoration requirements.
b. Recommend parking structure lighting layouts to provide for economy while
maintaining necessary intensities for security.
c. Recommend switching and circuitry in the parking structure for energy savings.
C. Plumbing and Mechanical Design
a. We anticipate that topographic and utility information will be provided by others.
b. Provide floor drain locations and identify tie -ins to the utility lines.
c. Review options for the mechanical system and coordinate with restoration. We
anticipate that the parking structure design will be classified as an open parking
structure and therefore will not require a ventilation system.
d. Prepare parking structure mechanical and plumbing plans.
d. Fire Protection
a. Determine fire protection system requirements for the parking structure. We
anticipate that a dry sprinkler system will not be required in this design scope.
e. General
a. Coordinate the parking structure design with the civil and landscape design
documents, prepared by others.
Wayne Houle
WALXER Proposal for Engineering Study
4. PAR.KINC COIVSUtiANiS December 13, 2011, 2011
Page 4 of 8
b. Attend up to four (4) Project Team meetings in this phase.
CONSTRUCTION DOCUMENTS
1. Prepare restoration plans, details and specification and include a unit price bid form for
the repair of the Center and South parking facility repairs.
a. Center facility: Documents will include concrete repairs to the floor slab, ceiling,
column, beam, wall, stair landings and treads, and double tee repair. Waterproofing
would consist of expansion joint replacements, application of penetrating sealers and
traffic topping, routing and sealing floor cracks, construction control and cove sealant
joints, exterior and vertical joint sealants, and chemical injection of cracks. The floor
drains will be replaced, masonry walls repaired and traffic marking renewed.
b. South facility: Documents will include concrete repairs to the post- tensioned floor
slabs, ceiling, column, beam, wall, partial replacement of the pan and joist slab, and
replacement of stair landings and treads in the central stair tower. Waterproofing
would consist of expansion joint replacements, application of penetrating sealer to
the roof, recoating portions of the worn traffic topping, routing and sealing floor
cracks, construction control and cove sealant joints, exterior and vertical joint
sealants, and chemical injection of cracks. The floor drains will be replaced, barrier
cable and masonry walls repaired, and traffic marking renewed.
2. Perform a delamination survey of the floor slab concrete and walk through the facilities
to update the 2008 repair quantities prior to bidding, and provide an updated opinion
of probable construction cost.
3. Prepare parking function construction documents including striping, graphics, car
counting and internal and external signage.
A. Prepare the architectural construction documents for the proposed parking structure
based on the Owner approved parking structure design development documents.
5. Prepare superstructure structural engineering construction documents for the parking
structure.
6. Prepare the mechanical, electrical, plumbing and fire protection construction documents
for the parking structure.
7. Coordinate the parking structure design with the civil and landscaping construction
documents prepared by others.
8. Attend up to five (3) Project Team meetings in this phase.
WALXER
PARKWG CON5ULJANTS
BIDDING
Wayne Houle
Proposal for Engineering Study
December 1.3, 20'11, 2011
Page 5 of 8
It is our understanding that the.Owner intends to Bid the work as a single project, however the
work may be completed in. separate, but.consecutive..years. Walker will support the City of
Edina with one bidding process in the following manner:
1. Issue - documents to the Printer for use in distributing to,.qudlifi ad bidders.
2. .; Review alternate cost saving methods and substitutions.
3. Interpret documents, answer questions and issue addenda, as needed.
A. Attend up to one pre -bid meetings to answer questions related to the project plans and
'specifications.
CONSTRUCTION ADMINISTRATION
Review shop drawings and material submittals for the parking structure.
2.. Perform construction observations in conjunction with the progress_ meetings on an
average of once every two (2)-weeks during construction. A total thirty two (32) visits
are included in the basic services for the parking structures. A report shall be issued
following each jobsite visit describing the status of the construction. Included'in the
thirty two (32) visits are; (2) pre - construction and (1) pre - demolition and one (1) pre -
concrete.
3. Provide clarifications and interpretations of the construction documents.
4. Prepare a final punch list for the parking structures and participate in a final punch list
review.
5. Request and review the General Contractor's preparation of maintenance and
operational manuals for the parking structure, including contractor warranties, system
description and maintenance procedures.
CONSTRUCTION PHASE FULL TIME RESIDENT SERVICE (OPTIONAL)
If desired, Walker can provide full time resident engineering services during construction. The
scope of Walker's resident engineering services shall be in accordance with the attached AIA
Document 8352 -2000, "Duties, Responsibilities and Limitations of Authority of the Architect's
Project Representative ". Additional fees for this service are available as requested by owner.
44 WALKER
PARKING C0145UITANT5
SCHEDULE
Wayne Houle
Proposal for Engineering Study
December 13, 2011, 2011
Page 6of8
Walker Parking Consultants is available to provide parking design consulting services upon
authorization to proceed. We will work in an attempt to meet owner's timetable. Current work
schedules are identified as follows:
City Council proposal approval
Perform existing conditions survey
Design Feasibility Complete
Construction Documents (Center)
Construction Document (South)
Construction (Center)
Construction (South)
PROFESSIONAL FEE
December 2011
January
2012
February
2012
March
2012
November
2012
June '12 —
Nov '12
March '13
- Nov '13
A current estimate for Total Construction Costs of Center and South ramp improvements is
$8,500,000.00 Dollars. Total Professional service fees for Restoration, expansion Construction
Documents and Construction Administration is $397,000.00 (Three Hundred Ninety Seven
Thousand Dollars). Construction Document reimbursable expenses will be billed at 1.10 times the
cost of travel, purchase or rental of specialized equipment, subconsultants, photographs and
renderings, document reproduction, postage and delivery costs, long distance telephone and
facsimile charges, additional service consultants, and other project related expenses.
1Ai/AL![ER Wayne Houle
FARKINGC4N5UNiS Proposal for Engineering Study
December 13, 2011, 2011
Page 7 of 8
We appreciate the opportunity to provide this proposal and look forward to assisting-the City of
Edina with solving their par-king issues. Please review this.proposal and let me know if you have
any questions or would bike modifications to scope or fee. You can reach me directly at 952-595 -
91 16. -
Sincerely,
WALKER PAR ING CONSULTANTS
Scott R. Froemming, P.E
Director of Operations
SRF: hha
Enclosure: General Conditions of Agreement for Consulting Services
Exhibit #I — Mohagen Hansen Professional Service Agreement
AUTHORIZATION
Trusting that this meets with your approval, we ask that you sign in the space below to
acknowledge your acceptance of the terms contained herein, and to confirm your authorization
for us to proceed. Please return one signed original of this agreement for our records.
CITY OF EDINA
Accepted by (Signature):
Printed Name:
Title:
Date:
GENERAL CONDITIONS OF AGREEMENT WALKER
FOR DESIGN SERVICES PARKINGCONSMANTS
SERVICES
Walker Parking Consultants ( "WALKER ") will provide the CLIENT professional services that are limited to
the work described in the attached letter ( "the services "). Any additional services requested will be
provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided
solely in accordance with written information and documents supplied by the CLIENT, and are limited to
and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third -party
beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of
service, and any use for modifications or extensions of this work, for new projects, or for completion of
this project by others without WALKER's specific written consent will be at CLIENT's sole risk.
PAYMENT FOR SERVICES
WALKER will submit monthly invoices based on work completed plus reimbursable expenses.
Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or
rental of specialized equipment, photographs and renderings, document reproduction, postage and
delivery costs, long distance telephone and facsimile charges, additional service consultants, and other
project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not
pay WALKER within thirty (30) days of date of invoice, WALKER may, at its option, suspend or withhold
services. The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (1 1 /2%)
per month of any unpaid balance of the invoice.
STANDARD OF CARE
WALKER will perform the services in accordance with generally accepted standards of the profession
using applicable building codes in effect at time of execution of this Agreement. WALKER's liability
caused by its acts, errors or omissions shall be limited to $2,000,000.
PERIOD OF SERVICE
In the event that no contract administration phase services are to be provided by WALKER, services shall
be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty
days after final documents are delivered to the CLIENT. If contract administration phase services are
provided by WALKER, services shall be complete upon the earlier of (1) the time of approval by WALKER
of final payment to the contractor or (2) thirty (30) days after completion of the work designed by
WALKER.
\ \mn -svrl os \marketing proposal \proposal 2011 \city of edina \fronce 50th district improvements \50th district final \prop Itr cd (2) 121311 edina_mn_houle_vl
O.doc
EXHIBIT #1
December 13, 2011
Mr. Scott Froemming, P.E.
Director of Operations
Walker Parking Consultants
1660 South Highway 100, Suite 424
Minneapolis, MN 55416
Re: Professional Service Agreement
City of Edina, MN
Municipal Parking Ramp Feasibility Study
Mohagen/Hansen
Dear Mr. Froemming:
Mohagen
Hansen
Architectural
Group
Mohagen/Hansen Architectural Group is pleased to submit this fee proposal between Walker Parking
Consultants (Client) and Mohagen/Hansen Architectural Group (Architect). This letter of agreement will
serve as a contract to provide professional architectural design services in association with the feasibility
study and schematic design, construction documentation, and construction administration for the
expansion and renovation of the South Parking Ramp and Middle Parking Ramp in the 50f and France
neighborhood of Edina, MN.
The following proposal represents our understanding of the project and the associated fee to implement
the requested services. Upon review and approval of the outlined project scope, Mohagen/Hansen will
execute the proposed services. Our proposal is as follows:
I. The Project
City of Edina
Municipal Parking Ramp Feasibility Study
Edina, Minnesota
The Client hereby authorizes the Architect to:
(X) Proceed with Original Scope of Services
(X) Incur Reimbursable Expenses
( ) Proceed with Additional Services
( ) Proceed with Revised Scope of Services
1000 Twelve Oaks Center Drive
Suite 200
Wayzata, MN 65391
Tel 952.426.7400
Fax 062.426.7440
y `? www.ma6a9enhansen.com
Mohageii
9s
�w
rr
rn
Planning
'4 a -'
N
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 2 of 6
II. Scope of Services Feasibility Study
The proposed Feasibility Study and Schematic Design Phase will involve the evaluation and
analysis of the existing Middle Parking Ramp and the South Parking Ramp located at 501h and
France in Edina, MN. The scope of work is extremely complicated due to the existing constraints
and will involve a variety of detailed tasks to clearly identify the scope of services and related
construction cost. The following is an outline of our proposed scope of services and related fees
for completing the work.
1. General Documentation Preparation
Mohagen/Hansen will evaluate the existing construction documents of the parking ramps as
provided by Walker Parking Consultants, and determine what is required for record /field
documentation of the both of the existing middle and south parking structures.
Mohagen/Hansen will execute the necessary field verification to complete the record drawings
for each parking ramp. This information will be used as the base document for future work. It
is also understood that Walking Parking Consultants will conduct a field survey of the existing
site to verify property lines and building setbacks. Due to the tight timeframes,
Mohagen/Hansen will work from existing, non - verified documentation in order to start the
work, and will attach the proposed information once the survey is complete.
Associated Tasks:
• Gather existing documentation from Walker.
■ Develop record drawings using original drawings and basic CAD files from Walker.
• Field verify, document, measure existing conditions (incl. photo doc.).
■ Incorporate all findings into 2D CAD data base (plans, sections, elevations).
■ Provide assessment of any conditions or issues not previously recognized.
2. Code Evaluation
Mohagen/Hansen will perform a minimal code evaluation of the ramps, and note observations
during our onsite tours of the existing ramps. Walker Parking Consultants will take the Lead
on the code evaluation and will be responsible for documenting the deficiencies and will work
with the City to document the necessary code modifications. Mohagen/Hansen will attend a
meeting with the City and Walking Parking Consultants to evaluate the scope of work
necessary to correct any code deficiencies.
Associated Tasks:
• Woik with Walker and the City to evaluate existing code compliance in ramps and
relative to adjacent properties and proposed work.
■ Document deficiencies and possible resolution.
■ Address ADA issues throughout each ramp.
■ City Building Officials to provide thorough code compliance report /requirements prior
to project development.
• Incorporate code information into documents used for bidding/pricing.
■ Mohagen/Hansen Architectural Group
N
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 3 of 6
3. Schematic Design Phase
Mohagen/Hansen, working in conjunction with Walker Parking Consultants, will develop a
schematic layout for the expansion of the South Parking Ramp and development of a new
stairway /elevator core to be added within the ramp. Mohagen/Hansen will also develop a
schematic layout for the development of a new stairway and elevator core to be added to the
Middle Parking Ramp as well.
Mohagen/Hansen will also provide the conceptual design for the addition of a new screening
element for both ramps. The purpose of the screening concept is to improve the aesthetic
character of the existing ramps and make them more appealing within the surrounding
context.
Associated Tasks:
Middle Ramp:
■ Develop design for a 2 level vertical expansion with a new circulation core.
■ Develop optional north fagade treatment.
■ Re- design trash collection areas to provide appropriate screening, enclosure and access.
■ Site related work will be executed by others; Mohagen/Hansen will coordinate as
required.
■ Structural design /documentation will be by Walker, including refurbishing efforts.
■ MEP work will be by others.
South Ramp:
• Develop new design for lateral expansion of existing levels.
• Develop new circulation core — likely at north end of ramp.
■ Develop detailed treatment for south and partial east and west facades with
consideration of lighting, screening and views from residence to the south.
■ Re- design existing trash area to maximize usage and access.
■ Site, structural, and MEP work is by others, Mohagen/Hansen will coordinate as
required.
4. Community Relations
As part of the proposed fee for completion of the Feasibility Study and Schematic Design,
Mohagen/Hansen will be involved with City staff meetings, Neighborhood meetings and City
Council/Planning Meetings in an effort to obtain approval for the project.
Associated Tasks:
• Prepare presentation materials for preliminary meeting with City staff; for one
neighborhood meeting; and for one round of planning commission/City Council
Meetings, 3D graphics are not required or included.
• Presentation materials will include
Site plan graphics
Ramp plans
2D exterior elevations, in color
5. PricingBud eg t Analysis
Upon approval of the conceptual concept for the aesthetic improvements to the ramps,
■ Mohagen/Hansen Architectural Group
N
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 4 of 6
Mohagen/Hansen will prepare schematic design pricing documents for the execution of the
work. The work will be priced for alignment with the proposed budget and modified as
required, to meet the overall budget.
Associated Tasks:
• It is understood that the overall project budget is $85M over two years.
■ The City intends to do a standard public bid process, but will consider CM @Risk as an
option.
■ Documents for the project will be set up for full public bid, with specifications.
■ The Owner will arrange for all soil testing, special testing and inspections.
■ Budget pricing will be by Walker.
END OF FEASIBILITY SCOPE
BEGIN CONSTRUCTION DOCUMENT SCOPE
6. Future Work (Design Development, Construction Documents, Construction Administration)
Upon approval of the schematic concept and budget analysis, Mohagen/Hansen will perform
the Design Development, Construction Document and Construction Administration Phases
necessary to execute the project. The final scope of work will be modified to align with the
final project approval.
Associated Tasks:
• Complete construction plans for each ramp: Code plans, general information, demo plans,
floor plans, sections, elevations, roof plans, details, RCP's for core areas, full specification
manual, divisions 1 -14.
• Walker will be the lead firm, coordinating /reviewing submittals. Mohagen/Hansen will
provide limited CA services to support Walker.
• CA is based on 5 months of construction time for each project and the following:
■ (2) Construction meetings /month per project
■ (1) Final punch review per project review of submittals and issuance of standard
responses to RFP's and clarifications.
Project Assumptions:
1. Upon approval of the Feasibility Study /Schematic Design Phase, the overall scope will need
to be evaluated to ensure that the proposed fee range aligns with the final scope definition.
III. 2011- Estimated Hourly Rate Schedule
■
Mohagen/Hansen Architectural Group
R9
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 5 of 6
The following fee schedule is an estimated range of the hourly rates. The actual hourly rate of a
particular project will be based on the specific individual working on the project. The schedule
is subject to revision based on periodical staff reviews.
Principal
$165.00
Director -of Interior Design
140.00
Senior Project Architect
90.00 — 125.00_
Senior Project Captain
80.00 — 120.00
Senior Project Designer, Senior Interior Designer
75.00 — 115.00
Project Architect
80.00 — 95.00
Project Captain
70.00 — 90.00
Project Designer, Interior Designer
60.00 — 80.00
Intern Architect
60.00 — 80.00
CARD Technician: Level III/Intem Architect
75.00 — 90.00
CADD Technician: Level II/Intern Architect
65.00 — 80.00
CADD Technician: Level I/Interns
60.00 — 65.00
Marketing
60.00 — 80.00
Administrative
55.00 — 70.00
IV. Reimbursable Expenses
Reimbursable expenses will be billed as incurred.
Cost for copies of drawings, specifications, reports, cost estimates, xerography and photographic
reproduction of drawings and other documents furnished or prepared in connection with the work of this
contract, as required for coordination with the Client and Mohagen/Hansen, or other consultants.
Cost of shipping expenses. Costs of photographic services, film processing and print reproduction. Cost
of models, special renderings, promotional photography, special process printing, special equipment,
special printed reports or publications, maps and documents. Fees for additional special consultants
retained for specialized services -with the prior- approval of Client.
Cost of travel via, commercial carrier or other means, lodging,, meals, car rental, parking, and any other
project related out -of- pocket expenses. Long distance trips and expenses are subject to Client approval
prior to execution.
® Mohagen/Hansen Architectural Group
■
Professional Service Agreement
City of Edina
Municipal Parking Ramp Feasibility Study
December 13, 2011
Page 6 of 6
V. Payment
Invoices will be submitted on a monthly basis. Support documentation for expenses is available upon
request. Payment shall be received by the Architect within forty -five (45) days of the dated invoice.
Unpaid invoices will incur a finance charge of 18% annually after sixty (60) days on the full- unpaid invoice
amount. In the event that Tenant breaches any of the terms of this Agreement, including the terms of
payment, Mohagen/Hansen shall be entitled to recover all of its costs and expenses, including attorney's
fees, attributed to enforcing the payment provisions of this Contract.
VI. Time
Work will commence immediately and Mohagen/Hansen Architectural Group will complete the
outlined Scope of Services within a mutually agreed upon schedule unless modified by written
agreement by the Tenant and Mohagen/Hansen.
VII. Existing Conditions
The Tenant agrees to provide existing condition documentation in a timely fashion and the
Mohagen/Hansen shall be allowed to rely upon those documents.
We appreciate the opportunity to submit to you our fee proposal and are excited to work with you on
this project. Should you have any questions or require additional information, please feel free to contact
me at (952) 426 -7400.
Sincerely,
Mohagen/Hansen Architectural Group
Mark L. Hansen, AIA, NCARB, LEED AP
Principal
■ Mohagen/Hansen Architectural Group
Wayne Houle
?rom: Wayne Houle
Sent: Wednesday, December 14, 20118:25 AM
To: Deb Mangen
Cc: Sharon Allison (SAllison @ci.edina.mn.us); Jack Sullivan Qsullivan @ci.edina.mn.us); Jesse
Struve(JStruve @ci.edina.mn.us); David Goergen
Subject: Agenda Items
Consent Agenda:
Adopt City of Edina Comprehensive Water.Resource Management Plan
Engineering Services.for 50th and France .Parking Structure Improvements
Engineering Services for Gallagher. Drive Street Improvements
Resolution No. 2011- Setting January 17, 2012 Public Hearing For Improvement No. BA -388, Richmond Hills Park
Neighborhood Street Reconstruction
Request for Purchase - Sewer Jetter
Resolution No. 2011- Receiving Feasibility Reports For Neighborhood Street Reconstruction:
1. BA -386 Viking Hills Neighborhood Street Reconstruction
2. BA -387 Valley Estates Neighborhood Street Reconstruction
PH'g: Nob Hill Easement Vacation
rttJt:.t,
r�. Wayne Houle, City Engineer /Director of Public Works
a • @ `` 952 - 826 - 04431 Fax 952- 826-0392
WHouleOctedina.mn.us I www.CitvofEdina.com
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To:
MAYOR AND COUNCIL
Agenda Item # IV. G.
From:
Wayne D. Houle, PE
City Engineer
® Action
❑ Discussion
Information
Date: December 20, 2011
Subject:
Engineering Services For Gallagher Drive Street Improvements
Recommendation:
Authorize City Manager to approve attached proposal for the Feasibility Study for
Gallagher Drive Street Improvements.
Info /Background:
This proposal is for the feasibility study for the Gallagher Drive Street Improvements,
which was included in the 2011 -2015 Capital Improvement Plan. This project includes
resurfacing Gallagher Drive from Parklawn Avenue to France Avenue. The project
includes reducing the roadway width to accommodate the Three Rivers Park District's
Nine Mile Creek Regional Trail. The schedule of the project includes meetings with the
adjacent property owners (public information meeting), Bike Edina Task Force, Three
Rivers Park District, Hennepin County, Edina Transportation Commission, and the City
Council. The estimated fee for this work is $30,662, which is approximately 6.3% of the
estimate reconstruction cost.
ATTACHMENTS:
Engineering Proposal Gallagher Drive Street Reconstruction
g: \pw \central svcs \eng dlv \projects \Impr nos \ba382 gallagher France & parklawn (petitioned) \admin \legal \item Mg. engineering services for galloger drvie street
Improvements.docx
o I
SUPPLEMENTAL LETTER AGREEMENT
December 9, 2011
Mr. Wayne Houle, PE
Director of Public Works and City Engineer
City of Edina
7450 Metro Boulevard
Edina MN 55439 -3037
Dear Wayne:
RE: City of Edina
Gallagher Drive Street Reconstruction
Schematic Level Project Evaluation
SEH No. EDINA 118349 10.00
Short Elliott Hendrickson Inc .0 (SEH) sincerely thanks you for the opportunity to submit our proposal to
assist—the City of Edna (City) with the Gallagher Drive Street Reconstruction Project,(Project). We will
provide our services as described by our task hour budget (THB) enclosed with this Supplemental Letter
Agreement to our Agreement for Professional Engineering Services dated July 25, 1988, herein called the
Agreement.
We understand that the project's primary focus is to evaluate adding the bike trail shown in Figure 1.
Adding the bike trail involves reconstructing some of Gallagher Drive's street pavement, curb and gutter,
sidewalk, and boulevard. However, we understand that street reconstruction needs to be.kept at a
minimum. Because this trail is part of Three Rivers Park District's Nine Mile Creek Regional Trail, our
successful working relationship with Three Rivers Park District staff involved with this trail will benefit
the City's investigation.
The flowchart shown in Figure 2 and our task hour budget (THB) describe in detail out work plan to
complete the evaluation. If based on the outcome of the evaluation the City chooses to prepare bidding
documents, SEH can submit a separate supplemental letter agreement for bidding document and bidding
assistance services.
Based on bid tabs for similar projects adjusted to 2012 dollars, the estimated reconstruction cost is
$489,000. Our proposed not to exceed fee of $30,662 reported by our THB is 6,3% of the estimated
reconstruction cost.
Our not -to- exceed fee includes reimbursable expenses. If the City accepts this Supplemental Letter
Agreement, we will bill the City monthly on an hourly basis for services, expenses, and equipment to
complete our work.
Our anticipated project production schedule is given in the table below:
Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka. MN 55343 4302
SEFI is an equal opportunity employer I www.sehim.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax
Mr. Wayne Houle, PE
December 9, 2011
Page 2
Xq Work
No.
Description
Milestone Date
1
City Council approves SEH proposal
December 20
.2
Begin work
December 21
3
Present schematic design- to the Bike Edina Task Force
February 9
4
Three Rivers Park District Board considers accepting
recommendation
March 1
5
Edina Transportation Commission considers accepting
recommendation
March 15
6
City Council considers approving SEHproposal for bid
document re aration
March 20
7
Open Bi(Is
Juste 7
8
Cif yCouncil awards the construction contract
June 19
9
Be irr construction
Jul 16
10
Final construction corn letion date
Se tember 29
Italic Print :Work only occurs if the recommendation is accepted.
This Supplemental Letter Agreement, its enclosures, and the Agreement represent the entire
understanding between the City and SEH in respect to the project and may only be modified in writing if
signed by both parties.
Thanks again for considering using SEH for this project. As always, please contact me with questions or
comments at 952.912.2611 or ppasko@sehiiie.com.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Paul J. Pasko III, PE
Project Manager
tm
Enclosures
c: Toby Muse, SEH (without Enclosures by e-mail only)
Brent Theroux, SEH (without Enclosures by e-mail only)
Mike Kotila, SEH (without Enclosures by e-mail only)
John Gray, SEH (without Enclosures by e-mail only)
Veronica Anderson, SEH (without Enclosures by e-mail only)
Jeremy Walgrave, SEH (without Enclosures by e-mail only)
pAaeXeWinaV 18349\ I- genH10- eontrac6lproMp4ropkrgallaghcr1 2031 Ldocz
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1 ZA Print Date: 12/9/2011 GALLAGHER DRIVE Figure
Map by MSS Street Reconstruction
Projection. Hennepin County Coortls
SEH3 o 150 Feet Source LMIC MnD07 Edina, Minnesota
This map is nelhera k9ally 1e 1d.d map npra 1— mapaM is -rote Ito Eeu 1 as one The map isa w mpilalion of— M.,nbrmatron, anO Eala pa[aerM ham varwus wurces ps:eC On Nn mapaN is 1, pe u,,d kr relere p,Wm oMy SEH — mt warrant thatfM Ce ,phC lnro EOn
System(GIS)Data I—u, prepare IN, map are error tree. inE SEH EOes Mrepreserp Utal the GIS Dab can De ueeE br na..... nl.lraCMnp.wanY OIMrpVDOee— iriiMesactirp measurement or0islanu pr tlreclron or precisron in the C epic o /aew hic teal— The uwrot this map aclmpwkEpe.
ll SEH shall not pe aahle kr am/ Uamapes 1 arise wa el the Deere access or °x of Eala p deE
Gallagher Drive Street Reconstruction — City of Edina, Minn.
Schematic Level Project Evaluation — Work Flowchart
Data Collection (1)(2)(3)
r
.) r
GaNgher Drive /Trail/
Landscape Schemadc Design
Opinion of Probable Cost (10)
WMA
(II)
Edina Engineering Staff Three Rivers Park District
Property Owners Bike Edina Task Force
Metro Transit Nine Mile Creek
Watershed District
Prepare Recommendation Memo
and Opinion of Probable Cost (12)
Three Rivers Park
District Board Project Scope
Review
SEH Submit Bid Document Proposal i Edina Transportation TKO)
Committee
1 Property Owners
Figure 2 — page I of 2
(1) We will submit a design location to GSOC and request atlas maps from private utility companies In the project area.
(2) We will review with the City their subsurface Investigation results and prepare a Geotechnical Memorandum.
(3) Includes obtaining street and utility as- builts from the City for both Gallagher Drive and Parklawn Avenue. Includes
obtaining France Avenue street /traffic signal as- builts from Hennepin County.
(4) We understand this project will be partially funded by Municipal State Aid (MSA) funds.
(5) Includes preliminary design necessary to incorporate the narrowing Gallagher Drive and Introducing a regional trail
within the Gallagher Drive right -of -way. This trail segment will ultimately become part of Three Rivers Park District's
Nine Mlle Creek Regional Trail. Includes development and evaluation of a centerline radius for Gallagher Drive that
meets minimum MSA horizontal curve requirements for the designated design speed.
(6) The existing horizontal curve in Gallagher Drive does not meet the 300 -foot MSA minimum size requirement based
on a 30 mile per hour design speed. We understand based on discussions with MSA staff that Gallagher Drive's
original construction was not funded through MSA funds, but by local funds. Therefore, no variance exists for the
horizontal curve In Gallagher Drive. Our scope of work assumes that a meeting with the MSA Variance Committee
will not be required.
(7) Includes development of Gallagher Drive and regional trail schematic design typical sections with respect to MSA
standards for the following:
a. narrowing Gallagher Drive's width.
b. Incorporating the regional trail on the east /south side of Gallagher Drive as shown in Figure I.
(8) Includes design of the selected Gallagher Drive, regional trail and sidewalk typical section to best fit the proposed
horizontal alignment and vertical profile. All efforts will be made to mitigate construction impacts within the Gallagher
Drive right -of -way, but we anticipate the City will need to acquire private property as shown In Figure I.
(9) Landscape design shall review and enhance existing landscape concepts already present at the site in order to provide
residents in the area a'sense of place'. Landscape design will conform to Three Rivers Park District and City standards.
(10) A schematic level opinion of probable cost will be developed showing cost splits for the City, Three Rivers Park
District and MSA. Costs will be calculated in 2012 dollars and will Include a 15 percent cost contingency for con-
struction and a 30 percent cost contingency for overhead.
(11) SEH will conduct up to one (1) iteration of the schematic design following comments received from Stakeholder Meetings.
Subsequent designs, if required, will need to be negotiated with the City and added as a Supplemental Agreement.
(12) Memorandum will summarize findings of schematic level design, Include in the Appendix the schematic level plans and
opinion of probable cost and recommend an appropriate course of action to the City.
Figure 2 — page 2 of 2
J
S E H Task Hour Budget
City of Edina
Gallagher Drive Street Reconstruction - Schematic Level Project
December 9, 2011
Page 1 of 4
ESTIMATED
COST
PROJECT TASKS
SCHEMATIC PROJECT EVALUATION (1)
1.0
Data Collection
1.1
Collect Data from the City
1.1.1
Obtain Street/Utility as- builts from City for both Gallagher
Drive and Parklawn Avenue
1.1.2
Obtain France Avenue street/traffic signal as- builts from
Hennepin County
1.1.3
Signal system field inventory
1.1.4
Previous soil boring logs and/or test results
1.1.5
To o ra hic survey completed by City staff
1.1.5.1
31) base drawing file
1.1.5.2
3D topographic survey point files
1.1.6
Aerial mapping
1.1.6.1
Photograph 2
1.1.6.2
Contours 3
1.1.7
Existin driveway hoto a hs
1.2
Gopher State One Call
1.2.1
Obtain Ticket No.
1.2.2
Collect atlases from private utility companies in the project
area
1.3
Supple ntal Topographic Survey 4
1.4
Geotechnical Investigation (5)
1.4.1
Recommend City Subsurface Investigation Program 6
1.4.2
Develop soil strati rah / rofile
1.4.3
Assess sub grade soils for road support 25
1.4.4
Evaluate proposed roadway typical section 26
1.4.5
Evaluate the feasibility of utilizing existing pavement
section as a reclaimed aggregate base product into the
proposed street section
1.4.6
Prepare Draft Geotechnical Technical Memorandum
1.4.7
Prepare Final Geotechnical Technical Memorandum
Subtotal Labor Cost
$5,437
Page 1 of 4
Page 2 of 4
ESTIMATED
COST
PROJECT TASKS
2.0
Schematic Design
2.1
Schematic Design (7)(8)(9)(12)(14)
2.1.1
Typical Sections 13
2.1.2
Gallagher Drive Design 15
2.1.2.1
France Avenue Impacts (29)
2.1.3
Trail Design
2.1.4
Landscape Design 16
2.1.5
Sidewalk Design
2.1.6
Prepare 100% complete schematic design graphics 11
2.1.7
Prepare Engineer's Schematic Level Opinion of Probable
Cost (17)(18)
Subtotal Labor Cost
$12,598
3.0
Prepare Final Schematic Level Project Evaluation
3.1
Write draft recommendation memo 19
3.2
Review draft recommendation memo with City staff (20)
3.3
Prepare final recommendation memo
3.4
Prepare and submit hard copies of the recommendation
memo
3.5
Prepare and submit PDF file of the recommendation memo
Subtotal Labor Cost
$2,990
4.0
Meetings
4.1
Kickoff Meetings
4.1.1
City of Edina 21
4.1.2
Three Rivers Park District (22)
4.2
Municipal State Aid (MSA) Variance Committee Meeting
24
4.3
Hennepin County 23
4.4
Stakeholder Meetings (10)
4.4.1
City of Edina Engineering staff
4.4.2
Property Owners
4.5
Metro Transit
4.6
Bike Edina Task Force
4.7
Three Rivers Park District
4.8
Nine Mile Creek Watershed District 27
Subtotal Labor Cost
$8,652
5.0
Final Approval Meetings (1) (30)
5.1
Edina Transportation Committee
5.2
Three Rivers Park District Board
Subtotal Labor Cost
$484
Page 2 of 4
PAAME\Edina\ 118349 \1 - genl \10- contracts\Proposal \[SEH THB Gallagher 120811 Council.xlsx]THB
NOTES
1 This proposal considers a schematic level project evaluation as presented in this Task Hour Budget. If
approved by the City of Edina Transportation Commission and Three Rivers Park District, a separate
Supplemental Letter Agreement will be sent to the City for bid document preparation and bidding
services, if requested.
2 City/Hennepin County will supply SEH the latest aerial photograph of the project area.
3 The City has already provided this data to SEH. Contours are based on the aerial photography. We
understand that the contours are not to be exclusively trusted. Contours will be checked for accuracy
against the City supplied topographic survey.
4 During the course of the schematic level design, additional topographic survey may be needed to
supplement the City supplied survey. This task serves as a placeholder to collect additional survey data
that may include driveways and boulevards. Assuming the City cannot do this supplemental surveying
itself, actual hours based on the scope of the supplemental survey will be negotiated between the City and
SEH and added as a Supplemental Agreement.
5 We understand that Braun Intertec has entered into a contract directly with the City for the geotechnical
field work and testing. This field work and testing was completed the week of 11/28/11.
6 SEH has already completed this task.
7 We understand Gallagher Drive is a designated Municipal State Aid (MSA) route. The existing
horizontal curve in Gallagher Drive does not meet the 300' MSA minimum size requirement based on a
30 mile per hour design speed. We understand based on discussions with MSA staff that Gallagher
Drive's original construction was funded locally, with no MSA funds. Therefore, no known variance
exists for the horizontal curve in Gallagher Drive.
8 Assumes a regional trail will be designated on the east and south side of Gallagher Drive from Parklawn
Avenue to France Avenue as shown on Figure 1. The trail segment will ultimately become part of Three
Rivers Park District's Nine Mile Creek Regional Trail.
9 Assumes reconstruction of the sidewalk on the west and north side of Gallagher Drive from Parklawn
Avenue to France Avenue.
10 SEH will attend one (1) meeting with each identified stakeholder. Assumes SEH will present findings of
the schematic level design by utilizing up to two (2) 2204 graphical boards and up to (4) 11x17
handouts. No powerpoint presentation is proposed.
I 1 Graphics will be produced on 11x17 size sheets that will display a proposed alignment that best fits the
road, trail and sidewalk within the Gallagher Drive right -of -way in plan view and its associated
construction impacts.
Page 3 of 4
ESTIMATED
COST
PROJECT COST SUMMARY
SCHEMATIC PROJECT EVALUATION (1)
Subtotal Hours
245
Subtotal Labor Cost
$30,161.66
Subtotal SEH Expenses 28
$500.34
Subtotal
$30,662.00
TOTAL COST ASSOCIATED WITH THIS PROPOSAL: 1
$30,662.00
PAAME\Edina\ 118349 \1 - genl \10- contracts\Proposal \[SEH THB Gallagher 120811 Council.xlsx]THB
NOTES
1 This proposal considers a schematic level project evaluation as presented in this Task Hour Budget. If
approved by the City of Edina Transportation Commission and Three Rivers Park District, a separate
Supplemental Letter Agreement will be sent to the City for bid document preparation and bidding
services, if requested.
2 City/Hennepin County will supply SEH the latest aerial photograph of the project area.
3 The City has already provided this data to SEH. Contours are based on the aerial photography. We
understand that the contours are not to be exclusively trusted. Contours will be checked for accuracy
against the City supplied topographic survey.
4 During the course of the schematic level design, additional topographic survey may be needed to
supplement the City supplied survey. This task serves as a placeholder to collect additional survey data
that may include driveways and boulevards. Assuming the City cannot do this supplemental surveying
itself, actual hours based on the scope of the supplemental survey will be negotiated between the City and
SEH and added as a Supplemental Agreement.
5 We understand that Braun Intertec has entered into a contract directly with the City for the geotechnical
field work and testing. This field work and testing was completed the week of 11/28/11.
6 SEH has already completed this task.
7 We understand Gallagher Drive is a designated Municipal State Aid (MSA) route. The existing
horizontal curve in Gallagher Drive does not meet the 300' MSA minimum size requirement based on a
30 mile per hour design speed. We understand based on discussions with MSA staff that Gallagher
Drive's original construction was funded locally, with no MSA funds. Therefore, no known variance
exists for the horizontal curve in Gallagher Drive.
8 Assumes a regional trail will be designated on the east and south side of Gallagher Drive from Parklawn
Avenue to France Avenue as shown on Figure 1. The trail segment will ultimately become part of Three
Rivers Park District's Nine Mile Creek Regional Trail.
9 Assumes reconstruction of the sidewalk on the west and north side of Gallagher Drive from Parklawn
Avenue to France Avenue.
10 SEH will attend one (1) meeting with each identified stakeholder. Assumes SEH will present findings of
the schematic level design by utilizing up to two (2) 2204 graphical boards and up to (4) 11x17
handouts. No powerpoint presentation is proposed.
I 1 Graphics will be produced on 11x17 size sheets that will display a proposed alignment that best fits the
road, trail and sidewalk within the Gallagher Drive right -of -way in plan view and its associated
construction impacts.
Page 3 of 4
12 SEH will conduct up to one (1) iteration of the schematic design following comments received from
Stakeholder Meetings. Subsequent additional design iterations, if required, will be negotiated with the
City and added as a Supplemental Agreement.
13 Includes development of Gallagher Drive, regional trail and schematic design typical sections with
respect to MSA standards for the following:
a. narrowing Gallagher Drive's width
b. incorporating the regional trail on the east/south side of Gallagher Drive as shown in Figure 1
c. reconstructing the sidewalk on the west/north side of Gallagher Drive
14 Includes design of the selected Gallagher Drive, regional trail and sidewalk typical section to best fit the
proposed horizontal alignment and vertical profile. All efforts will be made to mitigate construction
impacts within the Gallagher Drive right -of -way, but we anticipate the City will need to acquire private
property as shown in Figure 1.
15 Includes development and evaluation of a centerline radius for Gallagher Drive that meets minimum
MSA horizontal curve requirements for the designated design speed.
16 Landscape design shall review and enhance existing landscape concepts already present at the site in
order to provide residents in the area a `sense of place'. Landscape design will conform to Three Rivers
Park District and City standards.
17 We understand this project will be partially funded by MSA funds. SEH will develop one (1) schematic
level opinion of probable cost that includes columns showing separate cost splits for the City, Three
Rivers Park District, and MSA.
18 The schematic level opinion of probable costs will be calculated in 2012 dollars and will include a 15%
cost contingency for construction and a 30% cost contingency for overhead.
19 Memorandum will summarize findings of schematic level design, include in the Appendix the schematic
level plans and opinion of probable cost and recommend an appropriate course of action to the City.
20 SEH will collect City's review comments via conference call after SEH sends the draft recommendation
memo via PDF file attached to an email.
21 Meeting held on 10/18/11 and attended by the City's Houle and Sullivan and SEH's Pasko and Muse
22 Meeting held on 11/2/11 and attended by Three Rivers Park District's Nelson and Grissman and SEH's
Pasko and Muse
23 We assume no meeting will be required since the project limits will end at the Gallagher Drive right -of-
way at France Avenue.
24 Our scope of work assumes no meeting with the MSA Variance Committee will be required.
25 Includes determination of an assumed R -value based on soil classification.
26 Evaluation includes preliminary determination of required GE for pavement section.
27 SEH water resources staff will review the Nine Mile Creek Watershed District ( NMCWD) Rules with
respect to the proposed project concepts. Staff will meet with NMCWD staff to review the project and
any potential permitting requirements.
28 Reimbursable expenses includes staff mileage and printing costs.
29 Includes communicating Gallagher Drive intersection impacts to the France Avenue traffic signal system
with Hennepin County.
30 SEH will attend up to one (1) meeting each with the identified stakeholders, if requested. SEH will
provide up to two (2) 2204 graphical boards and up to (4) 11x17 handouts for the meeting(s). We
assume City and Three Rivers Park District staff will run the meetings. No powerpoint presentation is
proposed.
Page 4 of 4
0-
e
�
® Action
REPORURECOMMEN DATION
To: MAYOR AND COUNCIL
Agenda Item Item No: IV.H.
From: Wayne D. Houle, PE W rte'
® Action
City Engineer
❑ Discussion
El Information
Date: December 20, 2011
Subject: Resolution No. 2011 -132, Setting January 17, 2012 Public Hearing for
Neighborhood Street Reconstruction:
1. BA -385 Countryside Neighborhood Street Reconstruction
2. BA -388 Richmond Hills Park Neighborhood Street Reconstruction
ACTION REQUESTED:
Approve attached Resolution No. 2011 -132, calling for Public Hearing on January 17,
2012 for:
1. BA -385 Countryside Neighborhood Street Reconstruction
2. BA -388 Richmond Hills Park Neighborhood Street Reconstruction
INFORMATION /BACKGROUND:
City staff is requesting public hearings for two neighborhood street reconstruction
projects. All projects are initiated by staff and have included an extensive public
process.
The feasibility reports for the projects will be provided to Council prior to the public
hearing.
ATTACHMENTS:
Resolution 2011 -132
— oun -- e i --% Cl— —A D— I—TC% u.ee urge% o A— .:..ti........+ uai, 13—. I—I—.. A me QIG II inn of I it uen If., iv u D— ')A11 -1')'A
RESOLUTION NO. 2011 -132
A, SET PUBLIC HEARING FOR JANUARY 17, 2012
o� e FOR NEIGHBORHOOD STREET RECONSTRUCTION FOR:
o COUNTRYSIDE, IMPROVEMENT NO. BA -385
H�o .3y RICHMOND HILLS PARK, IMPROVEMENT NO. BA -388
• ,roR AAO
Iitie
City of Edina
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA,
that a public hearing shall be held on the 17th day of January, 2012, in the Council Chambers at City
Hall at 7:00 p.m. to consider street reconstruction in the neighborhoods of:
• Countryside, Improvement BA -385;
• Richmond Hills Park, Improvement No. BA -388;
BE IT FURTHER RESOLVED that the City Clerk shall give mailed and published notice of
such hearing and improvements as required by law.
Dated: December 20, 2011
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 December 20, 2011, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 120
City Clerk
City Hall M -927 -8861
4801 WEST 50TH STREET FAX 952 - 826 -0390
EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952 - 826 -0379
C,e
lass
REQUEST FOR PURCHASE IN EXCESS OF
$20,000 /CHANGE ORDER
To: 4' MAYOR AND COUNCIL Agenda Item No. IV. 1.
From: Wayne D. Houle, PE
Director of Public Works / City Engineer
Date: December 20, 2011
Subject: Request For Purchase — Sewer Jetter
Date Bid Opened or Quote Received:
Bid or Quote Expiration Date:
November 21, 2011
NA
Company Amount of Quote or Bid
Astleford International Trucks — Chassis $ 84,639.81
(State Contract # 31563)
ABM Equipment & Supply — Sewer Cleaner $ 233,680.00
(State Contract # 444491)
Total Cost of Sewer Jetter $ 318,319.81
RECOMMENDED QUOTE OR BID:
Astleford International Trucks $ 84,639.81
ABM Equipment & Supply $ 233,680.00
GENERAL INFORMATION:
This purchase is for a sewer jetter. It will replace a 1992 GMC TopKick Sewer Jetter Unit Number 70-
337, which will go to auction. The new purchase is for a Vac -Con model sewer cleaner that will be
mounted to an International Model 7500 Cab and Chassis. This unit is primarily utilized to keep the
sanitary sewer and storm sewers clean, however it has other uses such as excavating small holes to
verify other utilities. Both of the purchases are through the State of Minnesota Purchasing Program and
are funded through the Utility Fund. The Capital Improvement Plan indicates a 2012 expenditure of
$350,000 for this unit; delivery is expected late summer of 2012.
S gnature
The Recommended Bid is is _
within budget not
G: \PW\ADMIN \BUDGETS \RFP \RFP - Trucks \Item IV. I. Request For Purchase - Sewer Jetter.docx
Public Works
Department I
in, Finance Director
Neal, -Ciiy Manager
p e W
f }' 4 fti ( iti) �i F J �� I
;` r `r♦I t i "�. I I l�?
To:
MAYOR AND COUNCIL
Agenda Item Item No. IV.J.
From:
Wayne D. Houle, PE b6O�
City Engineer
® Action
Discussion
Information
Date: December 20, 2011
Subject:
Resolution No. 2011 -133R West 70th
Street Speed Limit
ACTION REQUESTED:
Adopt Resolution No. 2011 -133R to designate West 70th Street from Minnesota State
Highway 100 to France Avenue a bicycle route and reducing the speed limit to 25 mph.
INFORMATIONIBACKGROUND:
This action is a housekeeping measure. The feasibility study included dropping the
speed limit to 25 mph. The City Council ordered the project at the December 15, 2009
City Council Meeting, which included dropping the speed limit to 25 mph. The roadway
was reconstructed this past summer and is currently signed for 25 mph. This resolution
will enable our public safety staff to enforce the 25 mph speed limit.
ATTACHMENTS:
Resolution No. 2011 -133R
g: \pw \central svcs \eng div \projects \contracts\2010 \eng 10 -3 70th st_th100- france\final design \misc \itern iv,j. resolution no. 2011 -133r west
70th street speed limit.docx
RESOLUTION NO. 2011 -133R
DESIGNATING WEST 70TH STREET
BETWEEN MINNESOTA STATE HIGHWAY 100 AND FRANCE AVENUE
A BICYCLE ROUTE
AND
DESIGNATES A 25 MPH SPEED LIMIT
WHEREAS, the City Council adopted Resolution No. 2009 -107 receiving the feasibility report
for roadway improvements for West 70th Street at the December 1, 2009 City Council meeting; and
WHEREAS, the City Council adopted Resolution No. 2009 -113 ordering improvements for
West 70th Street at the December 15, 2009 City Council meeting; and
WHEREAS, the City Council directed staff to implement bike lanes along the corridor at the
December 15, 2009 City Council meeting; and
WHEREAS, State Statute 160.263 Subd. 4 provides that the City Council may designate a
safe speed for any street or highway under its authority upon which is has established a bicycle lane -
provided that such safe speed shall not be lower than 25 miles per hour; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina, designates
bicycle lanes on West 70th Street between Minnesota State Highway 100 and France Avenue
(County Road 17), designates the speed limit on this section of roadway as 25 miles per hour, and
authorizes the re- signing of the speed limit signs on this section of roadway from 30 mph to 25 mph.
Dated: December 20, 2011
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 December 20, 2011, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20_
City Clerk
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. IV. K. - UPDATED
From:
Karen Kurt
Assistant City Manager
® Action
❑ Discussion
Information
Date: December 20, 2011
Subject:
Appoint Members To Neighborhood Identification Steering Committee
ACTION REQUESTED:
Appoint the residents listed to serve on the Neighborhood Identification Steering Committee.
UPDATE: Paula Mariucci Harter has been added to the list.
INFORMATION /BACKGROUND:
Sixteen applicants expressed interest in serving on the Neighborhood Identification Steering Committee.
A summary of the proposed process was shared with each applicant. After reviewing the summary,
some applicants indicated that their interests were a better match for the citizen input portion of the
process. All of the volunteers who remained interested after reviewing the summary are included on the
list of proposed members.
Proposed Neighborhood Identification Steering Committee members:
• Rob Erickson
• Bob Pacieznik
• Bob Moore
• Hope Melton
• Gene Persha
• Jennifer Janovy
• Bright Dornblaser
• Dick Brozic
• Bob Miller
• Laura Ericksen
• Bruce Carlson
• Paula Mariucci Harter
REQUEST FOR PURCHASE IN EXCESS OF
$20,000 /CHANGE ORDER
AYOR AND COUNCIL Agenda Item No.: IV. L.
rty Scheerer
F
re Chief
ember 20, 2011
Subject: A. 4 -Wheel Drive Pick Up Truck
Description: 2012 Chevrolet Silverado 3500 HD 4WD Crew Cab Work Truck
Date Bid Opened or Quote Received:
Bid or Quote Expiration Date:
Company Amount of Quote or Bid
1. Ranger GM (State of MN Purchasing Contract) 1. 36,170.84
DED QUOTE OR BID:
$36,170.,84
FORMATION:
FeG
e request is to replace a 1989 Chevrolet 2500 4 wheel drive pick -up truck with a new
00 4 wheel drive diesel powered pick -up truck. The 1989 pick -up truck is beyond its
pan as an emergency vehicle. The vehicle would be purchased from the State of
Minnesota Purchasing Program. The vehicle would be purchased with Fire Department Equipment
Replacement Funds. The a ' ip elive ry of the vehicle would be in the spring of 2012. The
�ed
new ve ' uld b on 0 -15 ement schedule.
ignature /n�
The Recommended Bid is V
within budget
not
Fire Department
01 Vu
• ,7*,*% v •
REPORPRECOMMEN DATION
To:
MAYOR AND COUNCIL
Agenda Item # IV. M.
From:
Steven Grausam
Liquor Director
Action
❑ Discussion
Information
Date: December 20, 2011
Subject:
Construction Management Services For York Liquor Store Remodel
Recommendation:
Authorize City Manager to sign contract for construction management services with
Greystone Construction Company for Edina Liquor -York located at 6755 York Ave.
Info /Background:
Edina Liquor would like to proceed with the interior remodeling project scheduled to start
the first part of February. Greystone Construction Company has worked as construction
manager with the city and the liquor stores on two previous projects in the past ten
years. Greystone has worked extensively with other municipalities in regards to their
liquor stores whether as remodeling projects or new construction. Staff feels Greystone
affords the best options to finish the project in timely manor.
Attachment:
Proposed AIA Contract with Greystone Construction Company
m AIA Document C132TM -2009
Standard Form of Agreement Between Owner and Construction Manager as
Adviser
AGREEMENT made as of the Eighteenth day of November in the year Two Thousand
Eleven
ADDITIONS AND DELETIONS:
(In words, indicate day, month and year.)
The author of this document has
added information needed for its
BETWEEN the Owner:
completion. The author may also
(Name, legal status, address and other information)
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
City of Edina
information as well as revisions to
4801 West 50th Street
the standard form text is available
Edina, MN 55424
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
and the Construction Manager:
necessary information and where
(Name, legal status, address and other information)
the author has added to or deleted
from the original AIA text.
Greystone Construction Company
500 So. Marschall Road, Suite 300
This document has important legal
Shakopee, MN 55379
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
for the following Project:
This document is intended to be
(Name, location and detailed description)
used in conjunction with AIA
Documents A132Tm -2009, Standard
Edina Liquor Store Remodel
Form of Agreement Between Owner
6755 York Ave
and Contractor, Construction
Edina, MN 55435
Manager as Adviser Edition;
A232T"-2009, General Conditions
of the Contract for Construction,
The Architect:
Construction Manager as Adviser
(Name, legal status, address and other information)
Edition; and B132Tm -2009, Standard
Form of Agreement Between Owner
Tushie Montgomery & Associates, Inc.
and Architect, Construction Manager
7645 Lyndale Ave. S., Suite 100
as Adviser Edition.
Richfield, MN 55423
AIA Document A232Tm -2009 is
adopted in this document by
reference. Do not use with other
general conditions unless this
The Owner and Construction Manager agree as follows.
document is modified.
AIA Document C132Tu — 2009 Lforrnerly B801 wCMa — 1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
[nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
/ under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
TABLE OF ARTICLES
INITIAL INFORMATION
CONSTRUCTION MANAGER'S RESPONSIBILITIES
SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
ADDITIONAL SERVICES
OWNER'S RESPONSIBILITIES
COST OF THE WORK
COPYRIGHTS AND LICENSES
CLAIMS AND DISPUTES
TERMINATION OR SUSPENSION
10
MISCELLANEOUS PROVISIONS
11
COMPENSATION
12
SPECIAL TERMS AND CONDITIONS
13
SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.')
§ 1.1.1 The Owner's program for the Project:
(Identify documentation or state the manner in which the program will be developed)
Tushie Montgomery Architects progress set date 4 -29 -11 and Greystone Construction Scope of Work dated 5 -26-
1 l ( Exhibit #1) will be the design basis. Owner to provide construction documents
§ 1.1.2 The Project's physical characteristics:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities
and services, legal description of the site; etc.)
Remodel of existing sales floor
§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if known, a line item breakdown.)
Greystone Construction Project Budget 5 -26 -11 (Exhibit #2)
§ 1.1.4 The Owner's anticipated design and construction schedule:
.1 Design phase milestone dates, if any:
.2 Commencement of construction:
AIA Document C1 32T" — 2009 formerly 8801 T"CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/0812012, and is
.noLfor:resale.
User Notes: (1835480889)
Upon permit issue
.3 Substantial Completion date or milestone dates:
35 days after permit issue
.4 Other:
§ 1.1.5 The Owner intends the following procurement method for the Project:
(Identify method such as competitive big negotiated Contract or multiple Prime Contracts)
Competative bid
§ 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid packages, or phased
construction are set forth below:
(List number and type of bid/procurement packages.)
Bid Packages as per Exhibit #2
§ 1.1.7 Other Project information:
(Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible
design or historic preservation requirements.)
NA
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.5:
(List name, address and other information.)
Steve Grausam
Director of Liquor Operations
City of Edina
4801 W. 50`h Street
Edina, MN 55424
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the
Construction Manager's submittals to the Owner are as follows:
(List name, address and other information)
NA
§ 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and
contractors:
(List name, legal status, address and other information)
.1 Land Surveyor:
NA
.2 Geotechnical Engineer:
Init. AIA Document C1 32T — 2009 Vormeriy 8801 T"CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_7 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
NA
3 Civil Engineer:
NA
.4 Other:
(List any other consultants retained by the Owner, such as a Project or Program Manager, or
construction contractor.)
Tushie Montgomery Architects
7645 Lyndale Ave.
Richfield, MN 55423
§ 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4:
(List name, address and other information)
Richard Pelletier
Project Manager
Greystone Construction Company
500 So. Marschall Rd., Suite 300
Shakopee, MN 55379
§ 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include:
(List any specific requirements and personnel to be included in the staffing plan if known.)
§ 1.1.13 The Construction Manager's consultants retained under Basic Services, if any:
Cost Estimator:
(List name, legal status, address and other information)
NA
.2 Other consultants:
NA
§ 1.1.14 The Construction Manager's consultants retained under Additional Services:
NA
AIA Document C1 32T11 — 2009 formerly B801 T°CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
/ under the law. This document was produced by AIA software at 12:19:00 an 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 1.1.15 Other Initial Information on which the Agreement is based:
NA
§ 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize
that such information may materially change and, in that event, the Owner and the Construction Manager shall
appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's
compensation.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
§ 2.1 The Construction Manager shall provide the services as set forth in this Agreement.
§ 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by
construction managers practicing in the same or similar locality under the same or similar circumstances. The
Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the
orderly progress of the Project.
§ 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as
described in ATA Document B132Tm -2009, Standard Form of Agreement Between Owner and Architect,
Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by
the Architect.
§ 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction
Manager with respect to the Project.
§ 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or
accept any employment, interest or contribution that would reasonably appear to compromise the Construction
Manager's judgment with respect to this Project.
§ 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of
the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the
Owner shall reimburse the Construction Manager for any additional cost.
§ 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents ($
1,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage.
§ 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy
limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) combined single limit and aggregate for
bodily injury and property damage.
§ 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage
for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance
results in the same type of coverage as required for the individual policies.
§ 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than Five
Hundred Thousand Dollars and Zero Cents ($ 500,000.00 ).
§ 2.6.5
§ 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with
the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the
Comprehensive General Liability, Automobile Liability, umbrella or excess policies.
Init. AIA Document C132TM — 2009 �forrnerly 8801 * CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES
§ 3.1 Definition
The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and
customary construction coordination and scheduling, constructability review, cost estimating, and allocation of
construction activities among the Multiple Prime Contractors.
§ 3.2 Preconstruction Phase
§ 3.2.1 The Construction Manager shall review the program famished by the Owner and any evaluation of the
Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the Owner and Architect.
§ 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terns of the other.
§ 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan
that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project
schedule, (3) cost estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work,
if multiple Contractors or fast -track construction will be used. The Construction Manager shall periodically update
the Construction Management Plan over the course of the Project.
§ 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager
shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume
or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect
suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those
alternative materials and systems and may also provide its own suggestions.
§ 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise
the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and
equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on
constructability, availability of materials and labor, sequencing for phased construction, time requirements for
procurement, installation and construction, and factors related to construction cost including, but not limited to, costs
of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions.
§ 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the
Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager
shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the
Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the
Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that
could affect the Project's timely completion.
§ 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by
the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and
refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating,
price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided
for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and
Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for
corrective action.
§ 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and
Construction Documents, the Construction Manager shall consult with the Owner and Architect and make
recommendations whenever the Construction Manager determines that design details adversely affect
constructability, cost or schedules.
§ 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect
regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services
Init. AIA Document C132TM — 2009 Vormeriy 88011CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment
of responsibilities are included in the proposed Contract Documents.
§ 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the
allocation of responsibilities for safety programs among the Contractors.
§ 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into
individual Contracts for the construction of various categories of Work, including the method to be used for
selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager
shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of
the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the
likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction.
§ 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work,
including phasing of construction, times of commencement and completion required of each Contractor, ordering
and delivery of products, including those that must be ordered well in advance of construction, and the occupancy
requirements of the Owner.
§ 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including
those that must be ordered well in advance of construction.
§ 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional
services of surveyors, special consultants and testing laboratories required for the Project.
§ 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the
Project and review the availability of appropriate categories of labor required for critical phases. The Construction
Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages.
§ 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable
requirements for equal employment opportunity programs, and other programs as may be required by governmental
and for quasi governmental authorities for inclusion in the Contract Documents.
§ 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update
and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the
Owner's approval.
§ 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the
Owner's approval.
§ 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The
Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct
pre -bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule
with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions
from bidders and with the issuance of addenda.
§ 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner
for the Owner's award of Contracts or rejection of bids.
§ 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner
on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors.
§ 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for
permanent improvements, except for permits required to be obtained directly by the various Multiple Prime
Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The
Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing
documents required for the approvals of governmental authorities having jurisdiction over the Project.
Init. AIA Document C132Tm — 2009 Vonnerly B801 T"'CMa — 1992). Copyright O 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 3.3 Construction Phase Administration of the Construction Contract
§ 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services
commences with the award of the initial Contract for Construction and terminates on the date the Architect issues
the final Certificate for Payment.
§ 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be
in attendance at the Project site whenever the Work is being performed.
§ 3.3.3 The Construction Manager shall provide administration of the Contracts for Construction in cooperation with
the Architect as set forth below and in AIA Document A232TM -2009, General Conditions of the Contract for
Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-
2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the
Owner and the Construction Manager amend this Agreement.
§ 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate
scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the
Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the
Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents.
§ 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager
shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime
Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing
of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must
be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements
showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the
Project schedule as required to show current conditions. If an update indicates that the previously approved Project
schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and
Architect.
§ 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,
progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly
distribute minutes to the Owner, Architect and Multiple Prime Contractors.
§ 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and
coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are
performing Work, in accordance with the Contract Documents and the latest approved Project schedule.
§ 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or
governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect.
§ 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime
Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a
Contract are not being fulfilled.
§ 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for
uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated
costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the
Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the
Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager
shall also report the Contractor's cost control information to the Owner.
§ 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project.
§ 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit
costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring
accounting records.
Init AIA Document C732T° — 2009 �forrneriy B801" CMa — 19921. Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of
Applications for Payment by Multiple Prime Contractors for progress and final payments.
§ 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the
respective Contractors as follows:
.1 Where there is only one Contractor responsible for performing the Work, the Construction Manager
shall, within seven days after the Construction Manager receives the Contractor's Application for
Payment, review the Application, certify the amount the Construction Manager determines is due the
Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect.
.2 Where there are Multiple Prime Contractors responsible for performing different portions of the
Project, the Construction Manager shall, within seven days after the Construction Manager receives
each Contractor's Application for Payment: (1) review the Applications and certify the amount the
Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors'
Applications for Payment by summarizing information from each Contractor's Application for
Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount
the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5)
forward the Summary of Contractors' Applications for Payment and Project Application and
Certificate for Payment to the Architect.
§ 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based
on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications
for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has
progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents
upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from
the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager.
The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that
the Contractor be paid the amount certified.
§ 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction
Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on -site
inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques,
sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
§ 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime
Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other
Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the
Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall
not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors,
Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any
other persons performing portions of the Work and not directly employed by the Construction Manager.
§ 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed
in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of
defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does
not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the
Construction Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager
shall record any rejection of Work in its daily log and include information regarding the rejected Work in its
progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the
Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the
Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,
installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where
the tests and inspections are to be made so that the Architect may be present for such procedures.
AIA Document C132T" — 2009 prmarly, B801 TMCMa — 1992). Copyright 01973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of
its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only
to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights
and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a
Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or Multiple
Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or
entities performing portions of the Work.
§ 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for
information of the meaning and intent of the Drawings and Specifications with its written recommendation, and
assist in the resolution of questions that may arise.
§ 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals,
submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and
Construction Change Directives that incorporate the Architect's modifications to the Contract Documents.
§ 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and
documentation of Claims, subject to Section 4.3.1.7.
§ 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and
revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants,
Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the
management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to
the Architect for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data,
Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements
of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect
those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken
in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved
Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of
the Contractor, other Multiple Prime Contractors, the Owner, or the Architect.
§ 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on
the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other
similar relevant data as the Owner may require.
§ 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as
agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,
showing percentages of completion and other information identified below:
.1 Work completed for the period;
.2 Project schedule status;
.3 Submittal schedule and status report, including a summary of remaining and outstanding Submittals;
.4 Request for information, Change Order, and Construction Change Directive status reports;
.5 Tests and inspection reports;
.6 Status report of nonconforming and rejected Work;
.7 Daily logs;
.8 Summary of all Multiple Prime Contractors' Applications for Payment;
.9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation
and reimbursable expenses at the job site, if any;
.10 Cash -flow and forecast reports; and
.11 Any other items the Owner may require:
NA
Init. AIA Document C132TM — 2009 Iforrneriy BB01 TmCMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 3.3.20.2
(Paragraphs deleted)
§ 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one
copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and
marked currently to record all changes and selections made during construction, and in addition, approved Shop
Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records,
in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site
elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such
records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the
Owner.
§ 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner -
purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the
Work.
§ 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the
Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment
and observe any commissioning as the Contract Documents may require.
§ 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is
substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of
incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the
Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially
complete.
§ 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall
prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The
Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager
shall coordinate the correction and completion of the Work Following issuance of a Certificate of Substantial
Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of
the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work
is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections.
§ 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following
information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from
the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial
release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds
indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the
Contract Documents, including warranties and similar submittals.
§ 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the
Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project
Certificate for Payment or final Application for Payment and final Certificate for Payment upon the Contractor's
compliance with the requirements of the Contract Documents.
§ 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract
Documents shall not be restricted, modified or extended without written consent of the Owner, Construction
Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld.
§ 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the
facility operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Construction Manager shall provide the listed Additional Services only if specifically designated in the table below
Init. AIA Document C132TM — 2009 tformerly B801 TMCMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as
provided in Section 11.2.
(Designate the Additional Services the Construction Manager shall provide in the second column of the table below.
In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in
an exhibit, identify the exhibit.)
Services
Responsibility
(Construction Manager,
Owner or
Not Provided)
Location of Service Description
(Section 4.2 below or in an
exhibit attached to this document
and identified below)
§ 4.1.1 Measured drawings
Owner
§ 4.1.2 Architectural interior design
(B252TM -2007
Owner
§ 4.1.3 Tenant - related services
Not Provided
4.1.4 Commissioning B211TM -2007
Not Provided
4.1.5 LEED certification B214TM -2007
Not Provided
§ 4.1.6 Furniture, furnishings, and equipment
design B253TM -2007)
Owner
§ 4.2 Insert a description of each Additional Service designated in Section 4. 1, if not further described in an exhibit
attached to this document.
Permit drawings and interior design by Onwer
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement.
Except for services required due to the fault of the Construction Manager, any Additional Services provided in
accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall
notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The
Construction Manager shall not proceed to provide the following services until the Construction Manager receives
the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method, or bid packages in addition to those listed in Section 1.1.6;
.2 Services necessitated by the enactment or revision of codes, laws or regulations or official
interpretations after the date of this Agreement;
.3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner;
.4 Preparation for, and attendance at, a public presentation, meeting or hearing;
.5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Construction Manager is party thereto;
.6 Providing consultation concerning replacement of Work resulting from fire or other cause during
construction and furnishing services required in connection with the replacement of such Work;
.7 Assistance to the Initial Decision Maker, if other than the Architect; or
.8 Service as the Initial Decision Maker.
§ 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional
Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the
need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give
prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate
the Construction Manager for those services:
.1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in
connection with the Work when the Architect is serving as the Initial Decision Maker.
Init. AIA Document C1 32T" — 2009 Vormerty 8801 T"CMa — 1992). Copyright ®1973, 1980, 1992 and 2009 by The American institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
.2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase
Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date
of Substantial Completion, identified in Initial Information, whichever is earlier.
.3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime
Contractors in the event of risk of personal injury or serious property damage, consistent with Section
3.3.13.
§ 4.3.3 If the services covered by this Agreement have not been completed within Thee ( 3 ) months of the date of
this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services
beyond that time shall be compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including the Owner's program, other objectives,
schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of
a written request from the Construction Manager, the Owner shall furnish the requested information as necessary
and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation
with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the
Work or in the Project's scope and quality.
§ 5.3 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries
with it the risk of additional costs. If the Owner selects accelerated, phased or fast -track scheduling, the Owner
agrees to include in the budget for the Project sufficient contingencies to cover such costs.
§ 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA
Document B132 -2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as
Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the
Owner and Architect, and any further modifications to the agreement.
§ 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in
order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services.
§ 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical
characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the
site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary
data with respect to existing buildings, other improvements and trees; and information concerning available utility
services and lines, both public and private, above and below grade, including inverts and depths. All the information
on the survey shall be referenced to a Project benchmark.
§ 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers,
which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including
necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the
Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of
services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of
consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as
an Additional Service, when the Construction Manager requests such services and demonstrates that they are
AIA Document CMTm — 2009 formerly 13801 TMCMa — 1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional
liability insurance and other liability insurance as appropriate to the services provided.
§ 5.9 The Owner shall famish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner
becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's
Instruments of Service or any fault or defect in the Construction Manager's services.
§ 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's
own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's
responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent
action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities
under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be
subject to the same obligations and to have the same rights as the Contractors.
§ 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's
consultants through the Construction Manager about matters arising out of or relating to the Contract Documents.
The Owner shall promptly notify the Construction Manager of any direct communications that may affect the
Construction Manager's services.
§ 5.14 Before executing the Contract for Constr uction, the Owner shall coordinate the Construction Manager's duties
and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in
this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the
Owner and Contractors, including the General Conditions of the Contracts for Construction.
§ 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the
Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in
preparation or progress.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include the contractors' general conditions
costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and
Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable
expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs
of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility
of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary
estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction
Manager represent the Construction Manager's judgment as a person or entity familiar with the construction
industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of
labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent
that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from
any cost estimate or evaluation prepared by the Construction Manager.
§ 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists
between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the
Construction Manager shall work cooperatively to conform the cost estimates to one another.
AIA Document C132w — 2009 formerly 8801 wCMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost
of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with
the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget,
and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments.
§ 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the
Owner's budget for the Cost of the Work, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or
quality as required to reduce the Cost of the Work; or
.3 implement any other mutually acceptable alternative.
ARTICLE 7 COPYRIGHTS AND LICENSES
The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in
the Instruments of Service. The Construction Manager, the Construction Manager's consultants, if any, and the
Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the
copyright owner of such information or has permission from the copyright owner to transmit such information for its
use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other
information or documentation in digital form, they shall endeavor to establish necessary protocols governing such
transmissions.
ARTICLE 8 CLAIMS AND DISPUTES
(Paragraphs deleted)
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such
failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's
option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to
suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending
services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for
delay or damage caused the Owner because of such suspension of services. Before resuming services, the
Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption
and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services
and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed
prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for
expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction
Manager's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days'
written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating
the termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction
Manager for the Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be
compensated for services performed prior to termination, together with Reimbursable Expenses then due.
§ 9.7 Delete
Init. AIA Document C132 TM —2009 formerly B8011CMa — 19921. Copyright O 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15
this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
§ 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the
Construction Manager shall be entitled to receive payment for services performed prior to termination, together with
Reimbursable Expenses then due.
§ 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the
Construction Manager shall be entitled to receive payment for services performed prior to termination, together with
Reimbursable Expenses then due.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232 -2009, General
Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include
the work of all Contractors under the administration of the Construction Manager.
§ 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and
legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this
Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender
providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this
Agreement.
§ 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such
certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of
execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate
assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this
Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days
prior to execution. The Construction Manager shall not be required to execute certificates or consents that would
require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Construction Manager.
§ 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic
substances in any form at the Project site.
§ 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design
of the Project among the Construction Manager's promotional and professional materials. The Construction
Manager shall be given reasonable access to the completed Project to make such representations. However, the
Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner
has previously advised the Construction Manager in writing of the specific information considered by the Owner to
be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the
Owner's promotional materials for the Project.
§ 10.8 The Construction Manager must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data,
created, collected, received, stored, used, maintained, or disseminated by the Construction Manager pursuant to this
Agreement. The Construction Manager is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government
entity. In the event the Construction Manager receives a request to release data, the Construction Manager must
immediately notify the Owner. The Owner will give the Construction Manager instructions concerning the release
of the data to the requesting party before the data is released. Construction Manager agrees to defend, indemnify,
Init AIA Document C1 32T — 2009 Vorrnerly 8801 *"CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting
from Construction Manager's officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of protected data. The terms of this section shall survive the
cancellation or termination of this Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the
Construction Manager as follows:
§ 11.1.1 For Preconstruction Phase Services in Section 3.2:
(Insert amount of or basis for, compensation, including stipulated sums, multiples or percentages.)
Construction Manager Fee $5,000.00 General Conditions $2,000.00
§ 11.1.2 For Construction Phase Services in Section 3.3:
(Insert amount of or basis for, compensation, including stipulated sums, multiples or percentages.)
Construction Manager Fee $9,000.00 General Conditions $18,000.00
§ 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Construction Manager as
follows:
(Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply)
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Construction Manager as follows:
(Insert amount of or basis for, compensation.)
Constructin Managers hourly rate as per Article 11.5
§ 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in
Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus percent ( %), or as
otherwise stated below:
§ 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants,
if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and
Construction Manager's consultants' normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Project Manager $98.00 per hour
Employee or Category Rate ($0.00)
Project Superintendent $82.00 per hour
§ 11.6 Compensation for Reimbursable Expenses
§ 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the
Project, as follows:
.1 Transportation and authorized out -of -town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
AIA Document C1321— 2009 Wormeriy B8011CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Professional photography, and presentation materials requested by the Owner;
.8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively
to this Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Construction Manager's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
,10 Site office expenses; and
.11 Other similar Project- related expenditures.
§ 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager
and the Construction Manager's consultants plus Five percent ( 5.00 %) of the expenses incurred.
§ 11.7 Payments to the Construction Manager
§ 11.7.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement
and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Thirty -
one ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the
legal rate prevailing from time to time at the principal place of business of the Construction Manager.
(Insert rate of monthly or annual interest agreed upon.)
§ 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty
or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the
cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a
binding dispute resolution proceeding.
§ 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
Pursuant to Minnesota Statute § 471.25, Subdivision 4a, the Construction Manager must pay any subcontractor
within ten (10) days of the Construction Manager's receipt of payment from the Owner for undisputed services
provided by the subcontractor. The Construction Manager must pay interest of one and one -half percent (1'/2 %) per
month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Construction Manager shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Construction Manager shall be
awarded its costs and disbursements, including attorney's fees, incurred in bring the action.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document C132Tm -2009, Standard Form Agreement Between Owner and Construction
Manager as Adviser
.2 AIA Document E201Tm -2007, Digital Data Protocol Exhibit, if completed, or the following:
Init AIA Document C132TM —2009 prrnerly B8011CMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
t under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/08/2012, and is
not for resale.
User Notes: (1835480889)
AIA Document E202Tm -2008, Building Information Modeling Protocol Exhibit, if completed, or the
following:
.4 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement.)
This Agreement is entered into as of the day and year first written above.
OWNER (Signature)
(Printed name and title)
CONSTRUCTION MANAGER (Signature)
R.'G «►^CX Pat lettle Y- A -oIect Y" `«vIc;9evA
(Printed name and title)
Init. AIA Document C1 32T" — 2009 Vorrnerly B801 TMCMa — 1992). Copyright ® 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights
reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AIA software at 12:19:00 on 11/18/2011 under Order No.7804096457_1 which expires on 03/0812012, and is
not for resale. 1
User Notes: 835480889)
o1le
•r \J�yq•
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. V.A
From:
Debra Mangen
City Clerk
® Action
❑ Discussion
❑ Information
Date: December 20, 2011
Subject:
Prevention Works 2011 Proclamation
ACTION REQUESTED:
Adopt Proclamation.
INFORMATION /BACKGROUND:
Kathy Iverson, Edina Chemical Health Coordinator will be in attendance to speak to this issue.
ATTACHMENT:
Prevention Works 2011 Proclamation
o�e��
0
CORPOBI -V IO
lase
PROCLAMATION
PREVENTION WORKS! CAMPAIGN
DECEMBER 20, 2011 - JANUARY 2, 2012
WHEREAS, over half a million Americans will die this year from alcohol, tobacco and other drug - related
causes; and
WHEREAS, every person in the State of Minnesota is affected by alcohol, tobacco and other drug abuse;
and
WHEREAS, the human and economic costs associated with alcohol use is an estimated $4.5 billion, which
amounts to more than $900 per person in Minnesota; and
WHEREAS, each year smoking costs Minnesota $1.98 billion in health care costs, which amounts to $393
per person in the state; and
WHEREAS, prevention and treatment efforts have made major gains in reversing the trend toward more
and more alcohol, tobacco and other drug use in our communities; and
WHEREAS, alcohol, tobacco and other drug use are major factors in fires, drowning, rape and other crimes,
school failure, child abuse, injury, disease, violence and lost productivity; and
WHEREAS, fetal alcohol spectrum disorders are the leading cause of mental retardation in the United
States, yet these disorders are 100 percent preventable; and
WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations,
neighborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their
commitment to help reduce and prevent alcohol, tobacco, and other drug abuse by wearing and /or
displaying the Mothers Against Drunk Driving Red Ribbon during the Prevention Works! Campaign.
THEREFORE, BE IT RESOLVED that the weeks of December 20, 2011 through January 2, 2012 be declared
the PREVENTION WORKS! CAMPAIGN throughout the City of Edina.
BE IT FURTHER RESOLVED that the Council Members of the City of Edina support the activities of
PREVENTION WORKS! CAMPAIGN and the work of the local substance abuse coalition, Edina Chemical
Health Partners, and encourage the citizens of the City of Edina to participate in the PREVENTION WORKS!
CAMPAIGN activities and other alcohol and drug abuse prevention efforts year `round.
Dated: December 20, 2011
James B. Hovland, Mayor
14A,
o e
�• f VCORFOR;'�
]888
REPORURECOM MEN DATION
To:
MAYOR AND COUNCIL
Agenda Item # VI. A.
From:
Wayne D. Houle, PE 004-
City Engineer
® Action
F-1 Discussion
Information
Date: December 20, 2011
Subject:
Public Hearing — Vacation of Easement 5023 Nob Hill Drive Resolution No.
2011 -130
Recommendation:
Approve attached Resolution No. 2011 -130 vacating existing utility and drainage
easement located between Lot 1 Block 1 Oak Ridge of Edina and Lot 8 Block 1
Engstrom Marnie Addition, conditioned on dedicating a utility and drainage easement at
the new lot line.
Info /Background:
This request to vacate the utility and drainage easement was initiated from the lot line
shift that the City Council approved at the November 1, 2011 City Council Meeting. The
applicant has agreed to re- establish the utility and drainage easement on the new lot
line.
The home located at 5023 Nob Hill Drive was constructed over the existing utility and
drainage . easements. Staff did communicate with the private utility companies
requesting their comments: Centerpoint Energy, Century Link (Qwest), and Comcast do
not object to this vacation. Xcel Energy has not yet responded to this request. The City
of Edina Utilities does not have utilities in this area.
ATTACHMENTS:
Resolution No. 2011 -130
Sketch of proposed vacation
Excerpt of minutes from November 1, 2011 City Council Meeting
g: \pw \admin \comm \external \general corr by streets \n streets \5023 nob hill dr \Item vl.a. public hearing - vacation of easement 5023 nob hill drive resolution no. 2011 -
130.docx
RESOLUTION _NO. 2011430
' w9tNA, GRANTING THE VACATION OF
Off, e tA PUBLIC UTILITY AND DRAINAGE EASEMENTS
N o 5023 NOB HILL ROAD
WHEREAS, a petition was received on November 22, 2011, from the property ow6945D231IVobn�
Hill Road, requesting the vacation of the utility and drainage..easements on said - property; and
WHEREAS, after two weeks published and posted notice was given and the hearing was held on
December 20, 2011, at which time all persons desiring to be heard were given an opportunity to be heard
thereon; and.
WHEREAS, the Council deems it to be in the best interest,of the City,and of.the public that said
vacation'be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements within the
area of the vacation and the extent to which the vacation affects the authority of any persons,
corporation, or municipality owning or controlling electric, telephone.or cable television poles and lines,
gas and sewer, lines, or water pipes, mains and hydrants on or under the area of the proposed vacation
to continue maintaining th16 same, or to enter upon such easement area or portion thereof vacated to
maintain, repair, replace, remove or otherwise attend thereto:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following_ described public alley right -of -way easements are hereby vacated
effective as of February 6, 2007 as follows:
LEGAL DESCRIPTION OF PUBLIC DRAINAGE & UTILITY EASEMENT TO BE VACATED:
'Description for drainage and utility easement for 5023 Nob Hill br. Edina Mn 55439
Vacate the West 209.69 feet of the East,219.69 feet of the, .5 foot Drainage and Utility Easement
adjacent to the North line of Lot 1 "Block 1 Oak Ridge of Edina'also vacate the west 209:69 feet.of
the East 219.69 feet of the South 10 foot Drainage and Utility Easement adjacent to the south line
of Lot 8 Block 1 Engstrom Marnie Addition all of record`in Hennepin County Minnesota
Subject to a Drainage and Utility. Easement over under and across a strip of land 10 feet wide the
centerline being 32.5 Feet North of�the,south Iine. at, rig ht angles to the south line of Lot 8 Block 1
Engstrom Mamie Addition r
BE IT FURTHER RESOLVED, that the ,City Clerk is authorized and directed to cause a notice of
completion of. proceedings- to be prepared,' entered in the.transfer record bf the .County Auditor, and filed
with the County Recorder,'in accordance with Minnesota Statutes, Section 41.2.851.
Dated: December 20, 2011.
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 December 20, 2011 and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of , 20_
City Hall 952%9961
4801 WEST 50TH STREET FAX 952 - 826 -0390
EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952- 826 -0379
4.
- - - -,- - - - - -- — ----- - - - - -
1 I -
9 _ _ _ - - - - - 0 30 60 90
SCALE IN FEET
y VACANT LOT S \
0+ c -. Proposed Description
11 .2-1' .a Lot 8 Block 1 Engstrom Mamie Addition,
�.°n ` la to c Except the South 3250 feet, asMeasured at,
III n :a Right angles to said south line, '
Hennepin County Minnesota t�
� A . Containing 26,500 square feet
1 j
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t1 ' _ in . - - ,N -M*23' 52" E 250.'
1 (1 8263 SF
'
.37.59- , _ 25728
Rdlaove O',
N 89'23'52- E - - 37730 - 'Easement
Proposed Descriptions
Lot I Block I Oak Ridge of Edina together with that part of
A \Q Lot 8 Block 1 Engstrom Mamie.Addition,
The South 3250 feet as measured at,
O QO Right angles to the south line of Lot 8,
Hennepin County Minnesota O
Containing 46,963 squamfeet t1
1 1
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S 89 023'52" W 350.74
VACANT LOT
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hl NI d= 03 °10' 1
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Minutes /Edina City Council /November 1. 2011
N.C. RESOLUTION NO. 2011 -111 ADOPTED - APPROVING LOT DIVISION 5023 AND 5025 NOB HILL
DRIVE, EVA MAY
Planning Director'Teague advised the.median numbers were clearly met based on County data. Mayor
Pro Tern Swenson introduced and moved adoption of Resolution No. 2011 -111 approving a lot division
of 5023 and 5025 Nob Hill Drive. Member Brindle seconded the motion.
Ayes: Bennett,.,Brindle, Sprague, Swenson
Nays: None
Abstain: Hovland
Motion carried.
F
t�o,
11
REPORURECOMMEN DATION
To: EDINA CITY COUNCIL Agenda Item Item No. VIII. A.
From: John Keprios, Directo ® Action
Park and Recreation Department Discussion
Date: December 20, 2011 Information
Subject: Appeal of Edina Park Board Decision Regarding Edina Aquatic Center
Swim Team Use Policy
ACTION REQUESTED:
The Edina Swim Club has appealed the Edina Park Board decision regarding the Edina
Aquatic Center Swim Team Use Policy.
INFORMATION /BACKGROUND:
As shown in the attached letter from Aquajets President Steve Foster dated September
13, 2011, Steve Foster requested to renew the Aquajets' lease of the Edina Aquatic
Center for the 2012.
In the past, the Edina Swim Club has rented 3 Y2 hours per day (6:00 a.m. to 9:30 a.m.,
Monday through Friday) at the Edina Aquatic Center for their program use. For the past
nine years the Aquajets Swim Club has rented 2 hours per day (9:30 a.m. to 11:30 a.m.,
Monday through Friday) of pool time for their program use.
The Edina Swim Club approached staff earlier in 2011 requesting an additional 2 hours
of Edina Aquatic Center pool time (the 9:30 a.m. to 11:30 a.m. time slot) to expand their
program offering. Ed MacHolda informs me that at no time did he ever offer or promise
that specific pool time to the Edina Swim Club. To date, no promise in writing has been
issued to the Edina Swim Club for that specific pool time at the Edina Aquatic Center.
Because the request challenges the lack of existing policy regarding priority access to
the Edina Aquatic Center, the matter was placed on the November Park Board agenda.
As shown in the attached minutes of the Monday, November 7, 2011 Park Board
meeting, the Park Board passed a motion to adopt no policy for the Edina Aquatic
Center. The motion included a recommendation to empower staff to make a decision
for the 2012 season and request staff to continue to work with the two swim clubs and
the User Fee Working Group to establish a policy for 2013. The Park Board further
recommended developing a policy later for the Council's consideration for the 2013
season.
I attempted to make it clear to the Park Board before they voted on their motion that, if
the motion were to pass, it would be my intent to maintain status quo in 2012, which is
to give each Swim Club the same hours they were provided the previous season. If the
Park Board was unwilling to recommend a policy to the City Council, it was my intent to
keep things the same because staff does not make policy, we carry it out.
On Tuesday, November 8, 2011, the Aquajets Swim Club requested and received two
Park and Recreation Department Facilities Use Permits signed by Ed MacHolda
granting the Aquajets Swim Club pool time at the Edina Aquatic Center. One Facilities
Use Permit includes pool time Monday through Friday from 9:30 a.m. to 11:30 a.m. from
June 11 through August 10, 2012. The other Facilities Use Permit includes pool time
Tuesdays and Thursdays from 8:30 p.m. to 9:30 p.m. from June 12 through July 26,
2012.
City Manager Scott Neal received a letter dated November 14, 2011 from Jeffrey D.
Carpenter, Counsel for the Appellant, appealing the decision of the Edina Park Board
made at the November 7, 2011 Park Board meeting. Mr. Carpenter also submitted
another letter dated November 15, 2011 which is stated as "Letter Brief in Support of
Appeal of Edina Park Board Decision Regarding Edina Aquatic Center Swim
Team Use Policy." A copy of that letter is attached.
A letter dated December 2, 2011 from the Aquajets' legal counsel, Attorney Michael C.
Glover, was written to Mayor James Hovland and Members of the City Council and
copied to Edina City Attorney, Roger Knutson. The letter's subject title is "Issued
Facility Use Permits." A copy of that letter is attached.
When this issue was first brought to staffs attention, staff drafted a proposed policy, the
Edina Aquatic Center Swim Team Policy (Attachment A), for the Park Board's
consideration. The policy is in keeping with the findings and recommendations of the
Edina Youth Sports Task Force that stated; "It is the City of Edina's view that the
public is best served when there is only one independently incorporated youth
athletic association per sport." That language also appears in the Priority Use of
Edina's Scheduled Outdoor Athletic Facilities Policy as well. Today there are policies in
place that govern priority access to Edina's scheduled outdoor athletic fields, outdoor
hockey rinks and the School District gymnasiums that the City has priority access to
during specific times. There are currently no written policies in place that govern priority
access to Edina's recreation enterprise facilities including the Edina Aquatic Center.
As mentioned in staffs Report/Recommendation for the November 7th Park Board
meeting, the policy proposed to the Park Board is somewhat unique from the other
youth athletic associations' priority access to public facilities policies because the Edina
Aquatic Center facility is an enterprise facility whose mission is to function like a
business. Like other enterprise facilities (Braemar Arena, Braemar Golf Course, etc.),
our mission is to serve Edina residents first; however, at the same time we need and
rely on our non - resident customers to sustain a healthy bottom line.
In the process of proposing a new policy that prioritizes access to the Edina Aquatic
Center, the issue of percentage of Edina residents that make up the youth athletic
association also became a debate. The priority use at
for outdoor athletic fields,
outdoor hockey rinks and gymnasiums states that the recognized youth athletic
associations must have a 90% residency requirement. In 2005, the Youth Sports Task
Force recommended that the recognized independently incorporated youth athletic
association per sport should have a 90% residency requirement and recommended that
the Edina Swim Club be the recognized association for that sport (See Appendix 1.2 of
the Youth Sports Task Force Relationship Document attached). At that time the Edina
Swim Club met that criteria; however, today the Edina Swim Club now has
approximately a 75% resident ratio.
City Attorney Roger Knutson has advised City staff that the Facilities Use Permits
issued to the Aquajets on November 8, 2011 are valid contracts and that refusing to
honor the agreements may put the City in breach of contract.
ATTACHMENTS:
• Edina Aquatic Center Swim Team Use Policy
• Priority Use of Edina's Scheduled Outdoor Athletic Facilities Policy
• September 13, 2011 Letter from Steve Foster
• Email from Gina Drazan
• Email from Leslie DeMuth
• Email from Bradley and Susan Hanson
• Email from Middi and Todd Hansen
• Email from Ralph Lindell
• Email from Kathy Laedtke
• November 14, 2011 Letter from Jeffrey D. Carpenter
• November 15, 2011 Letter from Jeffrey D. Carpenter
• December 2, 2011 Letter from Michael C. Glover
• Facilities Use Permits to Aquajets
• November 7, 2011 Park Board Report/Recommendation
• November 7, 2011 Park Board Minutes
• Appendix 1.2 of the Youth Sports Task Force Relationship Document
4
ATTACHMENT A
EDINA AQUATIC CENTER SWIM TEAM USE POLICY
I. Objectives and Purpose
The objectives of the Swim Team Use Policy shall be to:
• Provide support to the Resident and Non - Resident Swim Clubs who use
the Edina Aquatic Center.
• Create procedures, rules and policies for the Swim Clubs who use the
Edina Aquatic Center.
• Create a priority of use of the Edina Aquatic Center.
• Ensure access to Edina Residents.
This document also outlines both mandatory and suggested guidelines for Swim
Clubs to ensure that program offerings are mindful of the public's health, safety
and welfare and are fair and equitable to all residents. This document also
includes the "Youth Sports Core Values and Community Strategy" proposed by
the Edina Youth Sports Taskforce and Edina Park Board and was approved by
the City Council on August 1, 2006.
It is the City of Edina's view that the public is best served when there is only one
independently incorporated youth athletic association per sport. The City of
Edina will not provide any administrative or professional recreation staff liaison
assistance to competing youth athletic associations that are determined to be
duplication of service and not in the public's best interest.
The City of Edina encourages youth athletic associations to provide programs in
a manner that is in keeping with the Edina Park Board's philosophy.
II. Priority of Classification
Due to the number of organizations that request usage of the Edina Aquatic
Center, it is necessary to define and classify users by type of activities and
establish a reservation priority to ensure that the Edina Aquatic Center is made
available to best meet community needs. As a result, the Edina Aquatic Center
will be scheduled in accordance with a scheduling priority policy as established
herein. Organizations must meet the mandatory guidelines as outlined in the
Relationship Document (appendix #I) and abide by the "Resolution of Youth
Sports Core Values and Community Strategy" (appendix #II).
Priority #1 — All City sponsored activities, programs, reservations and open swim
times. Reservations for City functions may be taken at any time for any date.
City functions may pre -empt lower priority reservations at the discretion of the
Park Director. There will be no rental fees charged for City reservations.
Priori #2 — Recognized Resident Swim Teams that have consecutively
rented from the City of Edina on good terms will have priority. The Edina
Swim Club will be considered the preferred and recognized resident swim
club for the City of Edina as long as the residency requirement is met.
Priori #3 — Recognized Non - Resident Swim Teams that have consecutively
rented from the City of Edina on good terms will have priority. The following
non - resident swim club will be the recognized Non - Resident swim club based
on their longevity and previous rentals from the City of Edina: Aquajets Swim
Club.
Priori #4 — New Non - Recognized Resident or Non - Resident Swim Clubs will
be allowed rental if there is availability after the above mentioned groups have
put their request in to the City of Edina, Edina Park and Recreation
Department. It will be on a first -come first -serve basis.
III. Scheduling Process
Reservations will be taken in the order of the priority classification numbers
listed above.
All reservations may be canceled by the Edina Park and Recreation
Department at any time due to the unpredictable weather or facility conditions
as follows:
1. If there is any lightning spotted, the facility will be closed for 30 minutes
from the time of the last spotted lightning strike.
2. If there are torrential winds or rain, the facility will close down until the
winds or rain subside.
3. If there are any reported cases of communicable diseases as deemed by
the Edina Health Department and State of Minnesota.
4. If the chemical levels are above or below the guidelines set forth by the
Edina Health Department and the State of Minnesota.
5. If the facility is deemed unsafe or inoperable by the Edina Park and
Recreation Department or governing agency.
6. If any other event that may compromise the safety of the participants or
harm to the facility.
7. If the permit has not been signed by the date given.
8. If payment has not been received by the due dates outlined in the permit.
9. If the permit is broken on any terms set forth. If the swim club is not on
good terms with the City of Edina.
10. If the swim club sublets reserved times to a third party.
11. If appropriate certifications are not on file at the Edina Park and
Recreation Department office prior to reservation date.
12. If insurance information is not on file at the Edina Park and Recreation
Department office prior to the reservation date, listing the City of Edina as
the additional insured.
IV. Swim Club Status
City of Edina Recognized Resident Swim Club
In order to be considered a City of Edina Recognized Resident Swim Club the
following must be met:
1. The Club must be an independently incorporated youth athletic
association serving primarily Edina youth.
2. The organization must have a governing board of directors.
3. 75% must be Edina youth residents. (Edina youth residents are defined
as individuals 18 years old and under who live in Edina or who go to
school in Edina.)
If there is more than one organization applying for recognized status for similar
programs, and both meet the minimum requirements, the following criteria will be
used to determine which organization will receive the recognized status:
1. Percentage of Edina youth served.
2. Previous relationship with the City and if the organization is in good
standing with the City.
3. Organization's desire to share resources available to assist City with
maintenance or other expenses.
4. Review of the organization's mission and goals to determine ways in
which it will contribute to furthering the mission and goals of the City.
5. The quality of the organization and the benefits to the youth of Edina that it
serves.
A Resident Swim Club may be composed of resident and non - resident
swimmers. For any age group where non - resident swimmers register to
participate in the Resident Swim Club, every resident swimmer in the age group,
who has properly registered to participate in a Swim Club, shall be placed on the
Club's team and will not be dropped or cut from the program.
For the purpose of determining team and organization composition, full time
students attending a public or private school located in Edina, shall be
considered as resident swimmers.
If requested by the Edina Park and Recreation Department, an organization shall
provide for the purpose of verifying residency: team and /or organization rosters
including names, addresses and phone numbers; a board of directors roster
including board members names, home and work addresses and phone
numbers; other documents verifying non - profit status.
An organization not meeting the above qualifications shall be considered a
Recognized Non - Resident Swim Club or Non - Recognized Swim Club.
City of Edina Recognized Non - Resident Swim Clubs
In order to be considered a City of Edina Recognized Non - Resident Swim Club
the following must be met:
1. The Club must be an independently incorporated youth athletic
association.
2. The organization must have a governing board of directors.
If there is more than one organization applying for Recognized Non - Resident
status for similar programs, and all meet the minimum requirements, the
following criteria will be used to determine which organization will receive the City
of Edina Recognized Non - Resident Swim Club status:
1. Currently renting lanes from the City of Edina.
2. Previous relationship with the City and if the organization is in good
standing with the City.
3. Organization's desire to share resources available to assist City with
maintenance or other expenses.
4. Review of the organization's mission and goals to determine ways in
which it will contribute to furthering the mission and goals of the City.
5. The quality of the organization and the benefits to the youth of Edina that it
serves.
If requested by the Edina Park and Recreation Department, an organization shall
provide for the purpose of verifying residency: team and /or organization rosters
including names, addresses and phone numbers; a board of directors roster
including board members names, homes and work addresses and phone
numbers and other documents verifying non - profit status.
V. Lane Allocation
Recognized Resident Swim Clubs will be allocated lanes as follows:
1. The allocated lanes will be based upon the number of lanes requested by
the Recognized Resident Swim Club.
2. The exact times that are allocated to the club will be at the availability and
discretion of the City of Edina Park and Recreation Department.
3. Lane allocation for the next year needs to be requested by recognized
resident clubs by December 31St of the current year. (All requests for lane
allocations are not a guarantee of reservation until the final permit is
approved and signed.)
4. When a Recognized Resident Swim Club decides not to rent their lanes
for the next season, they will no longer be grandfathered in and a part of
the Recognized Resident Swim Clubs.
Recognized Non - Resident Swim Clubs will be allocated lanes as follows:
1. The Recognized Non - Resident clubs will be allocated lanes based on their
previous year's lane assignment and upon availability after the City of
Edina and Recognized Resident Swim Club have requested their lane
allocation for the year.
2. The exact times that are allocated to the club will be at the availability and
discretion of the City of Edina Park and Recreation Department.
3. Lane allocation for the next year needs to be requested by Recognized
Non - Resident Swim Clubs by December 31St of the current year. (All
requests for lane allocations are not a guarantee of reservation until the
final permit is approved and signed.)
4. If a non - resident team splits or disbands, it will be required to keep 51 % of
the original members in order to be grandfathered in for lane allocation.
(The remaining club members may request lanes upon availability. When
a Recognized Non - Resident Swim Club decides not to rent their lanes for
next season, they will no longer be grandfathered in and a part of the
Recognized Non - Resident Swim Clubs.)
Non - Recognized Swim Clubs
1. New Non - Recognized Clubs may request to rent lanes upon availability if
the City of Edina, Recognized Resident Swim Club and the Recognized
Non - Resident Swim Clubs do not want to rent or use the available lanes.
2. Lane allocation for next year needs to be requested by Non - Recognized
Resident and Non - Resident Clubs by December 31St of the current year.
VI. Contractual Information
1. All Swim Clubs will have an annual permit signed by May 1St of the current
swim year.
2. The permit will include the rate for the rental season.
3. There will be an additional charge for any extra time that the swim team is
not out of the water and cleaned up at their scheduled time.
4. There will be no refunds for cancellations but an additional written request
may be granted for an additional rental period.
5. The additional request for rentals will be an additional charge based upon
availability or staffing.
6. Additional rentals need to be requested in writing and 10 days prior to the
requested rental date.
7. All lane rentals for resident and non - resident swim clubs will only be
Monday — Friday for the entire season with the exception of the
recognized resident club or will be based upon availability thereafter.
8. Permit payments will be made in two installments, the first one will be due
May 1St and the second payment will be June 30tH
9. Approved additional rentals will be paid prior to the rental date or the
reservation will be cancelled.
10. All Swim Clubs must place a statement in their clubs policy regarding the
following; "All members must follow the rules, regulations and guidelines
set forth by the Edina Aquatic Center. "
11.All swim clubs will need to have a current coach from their own club
present at all rental dates or the- City of Edina will have the right to revoke
the rental for the day.
12. Any communications from the City of Edina will be directed towards the
Swim Team Coaches and Presidents of the Club.
13. Any communications directed to the City of Edina will be directed to the
Assistant Director and a copy (cc'd) to the swim club President.
14. No food or beverage except water will be allowed on the pool deck. All
other items must be consumed in the Concessions area.
15. The rental for all clubs include the lanes and locker rooms only, no other
portion of the pool will be allowed to be used or rented during the lane
allocation time. Deck must be clear of equipment, backpacks etc. for
further usage by other groups or programs that may occur at the same
time.
16. The lanes are to be used for lap swimming only.
17. Set -up and clean -up of the facilities and equipment is the responsibility of
the Swim Clubs.
18.A certificate of insurance listing the City of Edina as an additional insured
per the permit specifications needs to be on file with the Edina Park and
Recreation Department.
EDINA PARK BOARD STATEMENT OF PHILOSOPHY AND
RECOMMENDATIONS REGARDING USE OF ETHNIC,
RELIGIOUS, OR RACIAL NAMES OR SYMBOLS:
The Edina Park Board recognizes and celebrates the diversity of our community.
In doing so, the Edina Park Board encourages all youth athletic associations to
respect our community's ethnic, religious and racial diversity by honoring the
following guideline:
"That no program, event or activity offered by an Edina youth athletic association
will use any ethnic, religious or racial names or symbols which may, in the
opinion of those groups, create or perpetuate stereotypes which distort or
degrade such groups. Programs whose express purpose is to explore and
celebrate the positive special contribution of such groups should be considered
acceptable and honorable."
EDINA PARK BOARD STATEMENT OF PHILOSOPHY AND
RECOMMENDATIONS REGARDING DRUGS, ALCOHOL AND
TOBACCO
It is the belief of the Edina Park Board that the role modeling of parents,
guardians, teachers and coaches has a significant influence on youth attitudes
toward the use of alcohol, tobacco and drugs. It is the Edina Park Board's
philosophy to encourage parents and coaches to do their best to always display
positive and healthy role modeling behaviors while interacting with youth.
Therefore, the Edina Park Board strongly encourages each Edina youth athletic
association to take the following actions:
1. Establish a drug, tobacco and alcohol policy that reflects a zero tolerance
approach to elicit drugs, tobacco and alcohol use by its youth participants.
2. Require that parents (and coaches) sign a statement that acknowledges that they
have read and understand the association's current drug, tobacco and alcohol
policy.
3. Include in the association drug, tobacco and alcohol policy the following
statement that:
Coaches and parents are strongly encouraged to not consume alcohol or
tobacco while interacting with youth while on traveling team trips (examples
include while traveling together on a bus, socializing in a hospitality room, etc.)
For those adults who insist on bringing alcohol and /or tobacco on team trips, it is
strongly encouraged to make every attempt to keep the alcohol and /or tobacco
out of reach and out of sight of the youth at all times.
Action number three ( #3) is not to be considered as an enforceable policy, but
rather, a strongly encouraged positive role model behavior. The Edina Park
Board strongly encourages each youth athletic association to take this very
seriously and do their part to help develop positive and healthy attitudes in our
youth with regards to drugs, tobacco and alcohol.
Your youth athletic programs provide important assets in youth's lives, which
result in reductions in at -risk behaviors. The Edina Park Board applauds and
appreciates your efforts to build these positive assets that develop healthy kids
and a healthy community.
APPENDIX 1.
YOUTH ATHLETIC ASSOCIATIONS' RELATIONSHIP WITH THE
EDINA PARK BOARD AND THE PARK AND RECREATION STAFF
(RELATIONSHIP DOCUMENT)
The mission of the Edina Park and Recreation Department is to do our part in
further developing, preserving, and maintaining the City of Edina's parks,
recreation programs, and resources as a premier and comprehensive park and
recreation department in the Twin Cities area.
This relationship document between the Edina Park and Recreation Department,
Park Board, and with each association establishes a common set of guidelines
that are to be adopted by all athletic associations. The intent of these guidelines
is to ensure that associations are mindful of the public's desire for positive and
healthy athletic experiences for children and families in our community.
The "Youth Sports Core Values and Community Strategy," established by the
Edina Park Board in cooperation with the Edina Park and Recreation Department
is to be adopted by all associations. This document formally defines the City's
core values and philosophy in the delivery of the community's youth sports
programs.
Edina Park and Recreation Department will provide facilities and fields for boys and
girls at each age group within the association.
It is the City of Edina's view that the public is best served when there is only one
independently incorporated youth athletic association per sport. The City of Edina
also understands and supports that in some cases the public and volunteers are
best served by having the traveling component of a particular sport administered by
its own independent youth athletic association.
The Edina Park and Recreation Department in cooperation with the Park
Board will help each association plan, and provide safe and well
maintained public athletic facilities to meet the youth sports programs, and
give professional staff liaison services regarding the operation of their
association, and offer appropriate clerical and administrative support
services.
2. The Edina Park and Recreation Department shall act as a liaison between
the associations and the Edina Park Board to assist associations in
providing a well- rounded and equitable program for all participants.
3. The Edina Park Board expects that all associations follow these minimal
guidelines in the operation of their association:
4. All boys and girls have a fun, positive, safe, age- appropriate, educational
experience that is open to all residents of all abilities, and receive equal
opportunity to participate at whatever ability level they may play.
5. Boys and girls build good sportsmanship and character; learn to be a team
member; learn to accept discipline; incorporate psychological -and physical -
health.
6. Boys and girls, at each level of play, will receive basic fundamental and
skill training in the sport in which they participate.
7. Associations manage team schedules and provide equitable playing time
for each level of competition within the age group.
8. Associations shall have a common code of conduct for players, coaches
and parents.
9. Qualified citizen volunteers should serve in positions as Board of
Directors. Board of Directors must have knowledge of the program /sport.
Associations are encouraged to have open member elections to elect
Board of Directors.
10. Edina Park and Recreation Department personnel shall attend at least
semi - annually association board meetings. Department personnel shall be
available and provide resource help to associations in training of coaches,
operations, and other functions with which the association needs
assistance.
11. The Park and Recreation Department mandates background checks on all
individuals 18 & older who serve as a coach, referee, or on the Board of
Directors in any association. It is our intent to protect our children, families
and the associations. It is strongly recommended that Edina youth athletic
associations work jointly to contract with one private organization to
conduct the background checks and manage the data. The Park and
Recreation Department mandates that each Edina youth athletic
association use the following standard for any coach, referee or Board of
Director applicant who has been found guilty, pled guilty, or entered a plea
of nolo contendere (no contest), regardless of the adjudication for any of
the disqualifying offenses:
All Sex Offenses — regardless of the amount of time since the offense
(Examples: child molestation, rape, sexual assault, sexual battery, sodomy,
indecent exposure, etc.)
All Felony Violence — regardless of the amount time since the offense
(Examples: murder, manslaughter, aggravated assault, kidnapping, robbery, etc.)
All Felony Offenses — other than violence or sex within the past 10 years
(Examples: drug offenses, theft, embezzlement, fraud, child endangerment, etc.)
All Misdemeanor Violence Offenses — within the past 7 years (Examples:
simple assault, battery, domestic violence, hit & run, etc.)
All Misdemeanor Drug & Alcohol Offenses — within the past 5 years or
multiple offenses in the past 10 years (Examples: driving under the influence,
simple drug possession, drunk & disorderly, possession of drug paraphernalia,
etc.)
1. Any other Misdemeanor Offenses — within the past 5 years that would
be considered a potential danger to children or is directly related to the
functions of that volunteer (Examples: contributing to a minor, theft — if
person is handling monies, etc.)
2. To ensure that the public has an open, fair and just process to handle
grievances that are not resolved at the association board or staff level, the
City of Edina will facilitate a grievance process. (See below) This
grievance process is not intended to deal with team assignment, coach
assignment or tryout process grievances.
3. The City of Edina requires that each and every athletic association have a
minimum $1,000,000 general liability insurance coverage policy that lists
the City of Edina as an additional insured. In addition, each and every
athletic association must also carry workers compensation insurance for
any paid employees of their association. Up to date proof of insurance
must be provided to the Edina Park and Recreation Department for each
and every association that uses Edina's public athletic facilities. This
insurance shall provide for the general liability protection of volunteers,
associations, and the City of Edina.
4. The Edina Park Board and Park and Recreation Department shall provide
and review annually guidelines to be followed by all associations and
users of facilities and gymnasiums in our community as to the priority use
of the Edina School District's gymnasiums and facilities, and the Edina
community practice and game facilities. This is to assure a fair allocation
of gymnasiums and facilities use for all participants, at all levels.
It is imperative that all associations, coaches, board members, volunteers and
parents understand and appreciate the positive experience that is desired for all
participants in Edina youth sports. Therefore, it is the expectation of the Edina
Park and Recreation Department and Park Board that youth athletic associations
do their best to encourage all new parents, volunteers, coaches, board members,
etc., who participate in associations to read and understand the relationship
agreement and Youth Sports Core Values and Community Strategy. The
Relationship Document and Core Values and Community Strategy Document
must be provided to all new parents as part of their registration materials.
GRIEVANCE PROCESS
The City of Edina demands that each youth athletic association must have in
place a well- documented and publicized grievance process by which residents
are assured of an appropriate venue and process to hear their grievances in a
manner that is open, fair, and just. If the youth athletic association board
grievance process does not resolve the issue, then the matter will be referred to
Park and Recreation Department staff. If staff is unable to resolve the issue, the
matter should then be referred to the Ad -Hoc Grievance Committee.
The Ad -Hoc Grievance Committee will be made up of three association
presidents who are not president of the association in question, plus two Park
Board members. Those five individuals will hear the complaint and make
recommendations to solve the grievance matter. If the Ad -Hoc Grievance
Committee's recommendations do not satisfy the parties involved then the
grievance will be referred to the Park Board for a final decision.
The Ad -Hoc Grievance Committee will be formed only on an as needed basis to
deal with issues on a case by case basis.
The following escalation shall be followed:
Step #1:
Follow the written grievance procedure as established and publicized for each
youth athletic association.
Step #2:
If, in the complainant's view, the issue was not resolved in Step #1, then the
complainant should contact Park and Recreation Department staff, who will do
the following:
• Evaluate the complaint.
• Determine and judge whether or not the issue can or should be resolved
through diplomacy. If so, staff will facilitate a problem - solving process at
the staff level with the appropriate community members and volunteers
involved.
Step #3:
If the issue is unresolved at the staff level, then staff will assemble the Ad -Hoc
Grievance Committee to hear the complaint. With staff assistance and input from
the parties involved, the Ad -Hoc Grievance Committee will hear the complaint
and make recommendations. It will be the Ad -Hoc Grievance Committee's duty
to determine whether or not the association has acted in a manner that is
contrary to the City's philosophy and core values; and if so, make
recommendations to correct the situation. It will not be the Ad -Hoc Grievance
Committee's duty to micro - manage program decisions of Edina's youth athletic
associations.
Step #4:
If the parties involved are still not satisfied with the Ad -Hoc Grievance
Committee's recommendations, the final step is to refer the matter to the Park
Board for a final decision. Both parties must abide by the Park Board's decision
or they could face sanctions.
APPENDIX II.
Resolution of Youth Sports Core Values and
Community Strategy
WHEREAS, the City of Edina believes in the benefits and attraction of youth
sports as a means to teach the children of this community values and skills that
will be of benefit to them throughout life; and
WHEREAS, we believe that Edina's youth athletic associations develop
fundamental internal and external assets for children by providing opportunities
to develop positive character traits and life values where children can learn a
multitude of important lessons and valuable fundamentals, such as ethics,
abiding by the rules, winning and losing with grace, coping with success and
failure, always trying to do your best, respecting authority figures, learning about
team work, developing fundamental motor skills and sports specific knowledge;
and
WHEREAS, we believe that the most important underlying mission for every
youth athletic association is to develop emotionally, psychologically, mentally,
intellectually, socially, and physically healthy children; and
WHEREAS, we believe that youth sports programs conducted under the right
conditions are enormously beneficial for children; and
WHEREAS, we recognize the need to ensure that Edina's youth athletic
association programs provide athletic programs that are safe, positive, fun,
physically and psychologically age- appropriate, educational, teaches values and
ethics, strengthens the community, promotes competition without conflict, open
to all residents of all abilities, offer a reasonable number of events, and are
administered by qualified volunteers; and
WHEREAS, we believe that youth sports association league organizers and
administrators must be educated on how to provide a safe, positive, and fun
youth sports environment before being granted access to public facilities; and
WHEREAS, we believe volunteer coaches and parents must receive orientation
and education as to the individual roles and responsibilities in our community's
effort to raise the standards of youth sports programs and that volunteer coaches
and parents be held accountable for their behaviors; and
WHEREAS, we believe it is necessary and desirable to establish guidelines,
requirements and standards for youth sports associations utilizing public
facilities; and
WHEREAS, we recognize the need to ensure that Edina's youth athletic
associations form and advertise a formal grievance process by which residents
are assured of an appropriate venue and process to hear their grievances in a
manner that is open, fair, and just; and
WHEREAS, we believe that a Youth Sports Advisory Committee should be
formed to advise staff and the Park Board and serve as a sounding board for
grievances.
NOW, THEREFORE BE IT RESOLVED by the City of Edina in a meeting duly
assembled and by the authority thereof, recognize and encourage official
implementation of this Community Strategy to improve the culture of youth sports
for all participants.
PASSED AND APPROVED THIS day of 2006.
Signed:
Mayor of Edina
PRIORITY USE OF EDINA' S SCHEDULED OUTDOOR
ATHLETIC FACILITIES POLICY
(Updated version approved by Park Board August 2007)
PURPOSE AND INTENT
The main purpose of this document is to prioritize scheduled access use of parks and
facilities in the City of Edina. This document outlines both mandatory and suggested
guidelines for youth athletic associations to ensure that program offerings are mindful of
the public's health, safety and welfare and are fair and equitable to all residents. This
document also includes the "Youth Sports Core Values and Community Strategy"
proposed by the Edina Youth Sports Taskforce and Edina Park Board and was approved
by the City Council on August 1, 2006.
It is the City of Edina's view that the public is best served when there is only one
independently incorporated youth athletic association per sport. The City of Edina also
understands and supports that in some cases the public and volunteers are best served by
having the traveling component of a particular sport administered by its own
independent youth athletic association. To that end, the City of Edina will charge
differing facility use fees with intent to discourage formation of new youth athletic
associations that compete with existing youth athletic associations and creates a
duplication of services, which the City of Edina views as not in the public's best
interest. Further, the City of Edina will not provide any administrative or professional
recreation staff liaison staff assistance to competing youth athletic associations that are
determined to be duplication of service and not in the public's best interest.
The City of Edina encourages youth athletic associations to provide programs in 'a
manner that is in keeping with the Edina Park Board's philosophy.
OUTDOOR ATHLETIC FACILITIES
Scheduled outdoor athletic facilities are meant to include the following City -owned
scheduled outdoor athletic facilities:
• Fields
• Basketball courts
• Batting cages
• Hockey rinks
The City reserves the right to determine if an outdoor athletic facility shall be
considered "a scheduled facility" or not. In other words, the City may decide that it is in
the public's best interest to periodically not schedule specific outdoor athletic fields,
basketball courts or hockey rinks. Examples would include the need to rest a field for
maintenance or safety purposes, or make specific outdoor athletic facilities available to
the public at large due to demand.
Outdoor athletic City-owned facilities that are not meant to be included under this
Policy are:
• Golf courses
• Edina Aquatic Center
• Tennis courts
PRIORITIES
Organizations that meet the above stated guidelines that are requesting special permits
for single use or to offer ongoing programs on a City -owned scheduled outdoor athletic
facility will be granted the opportunity based on the following use schedule, and within
the adopted standards for number of uses per team.
PRIORITY #1:
City Programs (Examples: City offered adult programs, summer playground programs,
basketball programs and special events open to the entire community.)
PRIORITY #2:
Youth teams (18 and under) that are members of one of the following independently
incorporated youth athletic associations that are currently recognized by the City of
Edina as the official youth sports organization for that particular sport offering:
• Edina Baseball Association
• Edina Basketball Association
• Edina Girls Basketball Association
• Edina Girls Athletic Association
• Edina Volleyball Association
• Edina Hockey Association
• Edina Soccer Association
• Edina Soccer Club
• Edina Football Association
• Edina Flag Football Association
• Edina Youth Softball Association
• Edina Girls Fastpitch Softball Association
• Edina LaCrosse Association
All of the above non - profit organizations must follow these guidelines:
1. 90% Edina residents. Edina youth residents are defined as individuals 18 years
old and under who live in Edina or who go to school in Edina.
2. Association or Club is a non -profit organization as defined by State statute.
3. The Association or Club must file a financial statement with the City each year
that will be made public upon request. This statement must indicate revenue,
expenditures and fund balances.
4. Association is open to all Edina residents and may not discriminate based on race,
ethnic background, or religion, or ability; however, may make team assignments
based on ability.
5. All board meetings are open to the public (with the exception of personnel issues
and litigation).
6. The organization must have an open process for parents to discuss concerns or
recommend changes to the organization.
7. Teams are playing during the designated "primary season."
8. The organization must abide by the City of Edina "Relationship Document"
(Appendix I.) and "The Youth Sports Core Values and Community Strategy"
document (Appendix II.)
PRIORITY #3:
Edina School District Programs (Examples:
practices, games, tournaments, etc.)
PRIORITY #4:
curriculum programs, interscholastic team
Non - profit adult teams or organizations that have 60% or more Edina residents during
the designated primary season. Edina adult "residents" must either live or work full -
time in Edina.
PRIORITY #5:
Edina non -profit public service groups who use the facilities to raise money for the
benefit of the entire community.
PRIORITY #6:
Businesses and neighborhood groups located in Edina during the designated primary
season.
PRIORITY #7:
Non - profit youth teams or organizations that have 60% or more Edina residents during
the designated primary season.
PRIORITY #8:
Priority #2 teams during a secondary season.
PRIORITY #9:
Priority #9 teams are youth and adult teams not affiliated with an Edina non -profit
organization. These teams are scheduled on a first come, first served basis after higher
priority teams have had an opportunity to schedule their season. At least 50% or more
of the participants on each team must either live or work full time in Edina. Facility
reservations will be limited to their home games only, and their team practices are
limited to a maximum of one per week (may only have one game plus one practice per
week maximum).
FIELD USE FEE
Priority #2 teams shall pay a per - player per season field use fee as established by the
City Council. Teams and groups in Priority #4, 5, 6, 7, 8, or 9, shall pay the
hourly /daily field use fee as established by the City Council.
FACILITY USE PERMIT
Priority #3 through #9 teams must have an approved Edina Park and Recreation
Department Facility Use Permit to have access to scheduled outdoor athletic field
facilities.
PREEMPTION CLAUSE
The City of Edina will make every effort to avoid preemption of scheduled events once
an outdoor athletic facility has been reserved and all requirements are met. However,
the City reserves the right to preempt a scheduled event on a scheduled outdoor athletic
field when in the City's judgment the preemption is in the community's best interests.
4
ADMINISTRATIVE PROCEDURES
1. Fees for use of scheduled outdoor athletic facilities will be subject to change each
year at the discretion of the Edina City Council.
2. The City will establish dates each year by which teams must commit requests for
field- reservation use in order to utilize their- priority status. After that date, fields,
or facilities will be reserved on a first come, first served basis.
3. If teams or organizations are at the same priority level offering the same sport
activity for the same age group and gender, then the team or organization that
serves the highest number of Edina residents will receive the higher priority status
in terms of field, rink and court reservations.
4. The number of major tournaments or special events allowed by each youth
association will be determined by staff on an annual basis.
5. Any organization that fails to provide for and follow the guidelines set forth
above, or provides false information on a permit application, is subject to
revocation of its permit at the discretion of the Director of the Edina Park and
Recreation Department.
6. No organization will be allowed to sublease the City's scheduled outdoor
athletic facilities without City approval.
EDINA PARK BOARD STATEMENT OF PHILOSOPHY AND
RECOMMENDATIONS REGARDING USE OF ETHNIC, RELIGIOUS, OR
RACIAL NAMES OR SYMBOLS:
The Edina Park Board recognizes and celebrates the diversity of our community. In
doing so, the Edina Park Board encourages all youth athletic associations to respect our
community's ethnic, religious and racial diversity by honoring the following guideline:
"That no program, event or activity offered by an Edina youth athletic association
will use any ethnic, religious or racial names or symbols which may, in the
opinion of those groups, create or perpetuate stereotypes which distort or degrade
such groups. Programs whose express purpose is to explore and celebrate the
positive special contribution of such groups should be considered acceptable and
honorable."
EDINA PARK BOARD STATEMENT OF PHILOSOPHY AND
RECOMMENDATIONS REGARDING DRUGS, ALCOHOL AND TOBACCO
It is the belief of the Edina Park Board that the role modeling of parents, guardians,
teachers and coaches has a significant influence on youth attitudes toward the use of
alcohol, tobacco and drugs. It is the Edina Park Board's philosophy to encourage
parents and coaches to do their best to always display positive and healthy role
modeling behaviors while interacting with youth.
Therefore, the Edina Park Board strongly encourages each Edina youth athletic
association to take the following actions:
1. Establish a drug, tobacco and alcohol policy that reflects a zero tolerance approach to
elicit drugs, tobacco and alcohol use by its youth participants.
2. Require that parents (and coaches) sign a statement that acknowledges that they have
read and understand the association's current drug, tobacco and alcohol policy.
3. Include in the association drug, tobacco and alcohol policy the following statement
that:
• Coaches and parents are strongly encouraged to not consume alcohol or tobacco
while interacting with youth while on traveling team trips (examples include while
traveling together on a bus, socializing in a hospitality room, etc.)
• For those adults who insist on bringing alcohol and/or tobacco on team trips, it is
strongly encouraged to make every attempt to keep the alcohol and/or tobacco out of
reach and out of sight of the youth at all times.
Action number three ( 0) is not to be considered as an enforceable policy, but rather, a
strongly encouraged positive role model behavior. The Edina Park Board strongly
encourages each youth athletic association to take this very seriously and do their part to
help develop positive and healthy attitudes in our youth with regards to drugs, tobacco
and alcohol.
Your youth athletic programs provide important assets in youth's lives, which result in
reductions in at -risk behaviors. The Edina Park Board applauds and appreciates your
efforts to build these positive assets that develop healthy kids and a healthy community.
6
APPENDIX I.
YOUTH ATHLETIC ASSOCIATIONS' RELATIONSHIP WITH THE
EDINA PARK BOARD AND THE PARK AND RECREATION STAFF
(RELATIONSHIP DOCUMENT)
The mission of the Edina Park and Recreation Department is to do our part in further
developing, preserving, and maintaining the City of Edina's parks, recreation programs,
and resources as a premier and comprehensive park and recreation department in the
Twin Cities area.
This relationship document between the Edina Park and Recreation Department, Park
Board, and with each association establishes a common set of guidelines that are to be
adopted by all athletic associations. The intent of these guidelines is to ensure that
associations are mindful of the public's desire for positive and healthy athletic
experiences for children and families in our community.
The "Youth Sports Core Values and Community Strategy," established by the Edina
Park Board in cooperation with the Edina Park and Recreation Department, is to be
adopted by all associations. This document formally defines the City's core values and
philosophy in the delivery of the community's youth sports programs.
1. Edina Park and Recreation Department will provide facilities and fields for boys
and girls at each age group within the association.
2. It is the City of Edina's view that the public is best served when there is only one
independently incorporated youth athletic association per sport. The City of
Edina also understands and supports that in some cases the public and volunteers
are best served by having the traveling component of a particular sport
administered by its own independent youth athletic association.
3. The Edina Park and Recreation Department in cooperation with the Park Board
will help each association plan, and provide safe and well maintained public
athletic facilities to meet the youth sports programs, and give professional staff
liaison services regarding the operation of their association, and offer appropriate
clerical and administrative support services.
4. The Edina Park and Recreation Department shall act as a liaison between the
associations and the Edina Park Board to assist associations in providing a well
rounded and equitable program for all participants.
The Edina Park Board expects that all associations follow these minimal guidelines in
the operation of their association:
1. All boys and girls have a fun, positive, safe, age- appropriate, educational
experience that is open to all residents of all abilities, and receive equal
opportunity to participate at whatever ability level they may play.
2. Boys and girls build good sportsmanship and character; learn to be a team
member; learn to accept discipline; incorporate psychological and physical health.
3. Boys and girls, at each level of play, will receive basic fundamental and skill
training in the sport in which they participate.
4. Associations manage team schedules and provide equitable playing time for each
level of competition within the age group.
5. Associations shall have a common code of conduct for players, coaches and
parents.
6. Qualified citizen volunteers should serve in positions as Board of Directors.
Board of Directors must have knowledge of the program/sport. Associations are
encouraged to have open member elections to elect Board of Directors.
7. Edina Park and Recreation Department personnel shall attend at least semi-
annually association board meetings. Department personnel shall be available and
provide resource help to associations in training of coaches, operations, and other
functions with which the association needs assistance.
8. The Park and Recreation Department mandates background checks on all
individuals 18 & older who serve as a coach, referee, or on the Board of Directors
in any association. It is our intent to protect our children, families and the
associations. It is strongly recommended that Edina youth athletic associations
work jointly to contract with one private organization to conduct the background
checks and manage the data. The Park and Recreation Department mandates that
each Edina youth athletic association use the following standard for any coach,
referee or Board of Director applicant who has been found guilty, pled guilty, or
entered a plea of nolo contendere (no contest), regardless of the adjudication for
any of the disqualifying offenses:
All Sex Offenses — regardless of the amount of time since the offense (Examples:
child molestation, rape, sexual assault, sexual battery, sodomy, indecent exposure,
etc.)
All Felony Violence — regardless of the amount time since the offense
(Examples: murder, manslaughter, aggravated assault, kidnapping, robbery, etc.)
All Felony Offenses — other than violence or sex within the past 10 years
(Examples: drug offenses, theft, embezzlement, fraud, child endangerment, etc.)
All Misdemeanor Violence Offenses — within the past 7 years (Examples:
simple assault, battery, domestic violence, hit & run, etc.)
All Misdemeanor Drua & Alcohol Offenses — within the past 5 years or
multiple offenses in the past 10 years (Examples: driving under the influence,
simple drug possession, drunk & disorderly, possession of drug paraphernalia,
etc.)
9. Any other Misdemeanor Offenses — within the past 5 years that would be
considered a potential danger to children or is directly related to the functions of
that volunteer (Examples: contributing to a minor, theft — if person is handling
monies, etc.)
10. To ensure that the public has an open, fair and just process to handle grievances
that are not resolved at the association board or staff level, the City of Edina will
facilitate a grievance process. (See below) This grievance process is not
intended to deal with team assignment, coach assignment or tryout process
grievances.
11.The City of Edina requires that each and every athletic association have a
minimum $1,000,000 general liability insurance coverage policy that lists the
City of Edina as an additional insured. In addition, each and every athletic
association must also carry workers compensation insurance for any paid
employees of their association. Up to date proof of insurance must be provided to
the Edina Park and Recreation Department for each and every association that
uses Edina's public athletic facilities. This insurance shall provide for the general
9
liability protection of volunteers, associations, and the City of Edina.
12.The Edina Park Board and Park and Recreation Department shall provide and
review annually guidelines to be followed by all associations and users of
facilities and gymnasiums in our community as to the priority use of the Edina
School District's gymnasiums and facilities, and the Edina community practice
and game facilities. This is to assure a fair allocation of gymnasiums and facilities
use for all participants, at all levels.
It is imperative that all associations, coaches, board members, volunteers and parents
understand and appreciate the positive experience that is desired for all participants in
Edina youth sports. Therefore, it is the expectation of the Edina Park and Recreation
Department and Park Board that youth athletic associations do their best to encourage
all new parents, volunteers, coaches, board members, etc., who participate in
associations to read and understand the relationship agreement and Youth Sports Core
Values and Community Strategy. The Relationship Document and Core Values and
Community Strategy Document must be provided to all new parents as part of their
registration materials.
GRIEVANCE PROCESS
The City of Edina demands that each youth athletic association must have in place a
well- documented and publicized grievance process by which residents are assured of an
appropriate venue and process to hear their grievances in a manner that is open, fair, and
just. If the youth athletic association board grievance process does not resolve the issue,
then the matter will be referred to Park and Recreation Department staff. If staff is
unable to resolve the issue, the matter should then be referred to the Ad -Hoc Grievance
Committee.
The Ad -Hoc Grievance Committee will be made up of three association
presidents who are not president of the association in question, plus two Park Board
members. Those five individuals will hear the complaint and make recommendations to
solve the grievance matter. If the Ad -Hoc Grievance Committee's recommendations do
not satisfy the parties involved then the grievance will be referred to the Park Board for
a final decision.
The Ad -Hoc Grievance Committee will be formed only on an as needed basis to deal
with issues on a case by case basis.
The following escalation shall be followed:
I
Step #1:
Follow the written grievance procedure as established and publicized for each youth
athletic association.
Step #2:
If, in the complainant's view, the issue was not resolved in Step #1, then the
complainant should contact Park and Recreation Department staff, who will do the
following:
• _ Evaluate the complaint.
• Determine and judge whether or not the issue can or should be resolved through
diplomacy. If so, staff will facilitate a problem - solving process at the staff level
with the appropriate community members and volunteers involved.
Step #3:
If the issue is unresolved at the staff level, then staff will assemble the Ad -Hoc
Grievance Committee to hear the complaint. With staff assistance and input from the
parties involved, the Ad -Hoc Grievance Committee will hear the complaint and make
recommendations. It will be the Ad -Hoc Grievance Committee's duty to determine
whether or not the association has acted in a manner that is Contrary to the City's
philosophy and core values; and if so, make recommendations to correct the situation.
It will not be the Ad -Hoc Grievance Committee's duty to micro - manages program
decisions of Edina's youth athletic associations.
Step #4:
If the parties involved are still not satisfied with the Ad -Hoc Grievance Committee's
recommendations, the final step is to refer the matter to the Park Board for a final
decision. Both parties must abide by the Park Board's decision or they could face
sanctions.
ii
APPENDIX U.
Resolution of Youth Sports Core Values and
Community Strategy
WHEREAS, the City of Edina believes in the benefits and attraction of youth sports as
a means to teach the children of this community values and skills that will be of benefit
to them throughout life; and
WHEREAS, we believe that Edina's youth athletic associations develop fundamental
internal and external assets for children by providing opportunities to develop positive
character traits and life values where children can learn a multitude of important lessons
and valuable fundamentals, such as ethics, abiding by the rules, winning and losing with
grace, coping with success and failure, always trying to do your best, respecting
authority figures, learning about team work, developing fundamental motor skills and
sports specific knowledge; and
WHEREAS, we believe that the most important underlying mission for every youth
athletic association is to develop emotionally, psychologically, mentally, intellectually,
socially, and physically healthy children; and
WHEREAS, we believe that youth sports programs conducted under the right
conditions are enormously beneficial for children; and
WHEREAS, we recognize the need to ensure that Edina's youth athletic association
programs provide athletic programs that are safe, positive, fun, physically and
psychologically age- appropriate, educational, teaches values and ethics, strengthens the
community, promotes competition without conflict, open to all residents of all abilities,
offer a reasonable number of events, and are administered by qualified volunteers; and
WHEREAS, we believe that youth sports association league organizers and
administrators must be educated on how to provide a safe, positive, and fun youth sports
environment before being granted access to public facilities; and
WHEREAS, we believe volunteer coaches and parents must receive orientation and
education as to the individual roles and responsibilities in our community's effort to
raise the standards of youth sports programs and that volunteer coaches and parents be
held accountable for their behaviors; and
12
WHEREAS, we believe it is necessary and desirable to establish guidelines,
requirements and standards for youth sports associations utilizing public facilities; and
WHEREAS, we recognize the need.to ensure.that Edina's youth athletic associations
form and advertise a formal grievance process by which residents are assured of an
appropriate venue -and process to hear- their grievances in a- manner that is open, fair, and
just; and
WHEREAS, we believe that a Youth Sports Advisory Committee should be formed to
advise.staff and the Park Board and serve as a sounding board for grievances.
NOW,-THEREFORE BE JT RESOLVED-by the City-of Edina -in a -meeting -duly:
assembled and by the authority thereof, recognize'and encourage official
implementation of this Community Strategy to improve the culture of youth sports for
all participants.
PASSED AND APPROVED THIS day of 2006.
Signed:
Mayor of Edina
13
September 13, 2011
Mr. Ed MacHolda
Assistant Director
Edina Park & Recreation Department
4801 W. 50th Street
Edina, MN 55424
Re: Edina Aquatic Center Lease Renewal Request
Dear Ed:
I am writing this letter on behalf of the Aquajet Swim Team to respectfully request the opportunity to renew our
lease of the Edina Aquatic Center. As you know, we have been an appreciative lessee of the Edina Aquatic
Center for the past 7 years. Over this time period, we have gained the favor of the Aquatic Center staff by
treating the facility as if it were our own. Bill and Ed, the Aquatic Center's engineers, have often expressed their
appreciation for the way the Aquajets have maintained the facility - stating the Team frequently leaves the pool
in better condition than when we arrived.
The Aquajets have approximately 300 swimmers on our team with a large portion of those swimmers living in
the southwest metro area. Of the 300 swimmers, over 75 swimmers or 25% of our team reside in Edina and
have enjoyed the convenience of swimming at the Edina Aquatic Center. Our Team has experienced
unprecedented success over the past several years. Recently, the Aquajets have been named as a "Gold Medal"
team through USA Swimming, one of only 16 teams in the United States and the only team in Minnesota. The
"Gold Medal" status recognizes the Aquajets for our success in promoting the development of a strong, well -
rounded swim program that produces elite 18 & under athletes. A big part of our Team's success is a result of
being able to swim in facilities like the Edina Aquatic Center.
As 2012 gets closer, the Summer Olympics in London will become the focus of every swimmer in the nation and
the Aquajets are no exception. As a result of the Team's success, the Aquajets have the potential to send seven
swimmers to the US Olympic Trials in Omaha, Nebraska in June 2012, with one of those seven having a strong
chance of becoming a member of the 2012 US Olympic Team. A key factor in achieving this success will be
having the opportunity to train in the 50 meter Edina Aquatic Center (Olympic events are in 50 meter pools).
I am aware that you have had several conversations with Joel Anderson, Aquajet Board Member, regarding our
lease. Over the next 30 days, we would like to continue our discussions with the goal of getting our lease
renewed under mutually acceptable terms. We look forward to continuing our discussions. If you should have
any questions, please call Joel Anderson at 952- 406 -2744 or me at 612 - 360 -7454.
Sincerely,
Steve Foster
Aquajets President
Cc: John Keprios, Director
Scott Neal, City Manager
6545 Flying Cloud Drive, #202, Eden Prairie, Minnesota 55344 952 - 351 -9928 www.Aquajets.com
From: Gina Drazan jmailto:drazan(a og lden ate.net]
Sent: Wednesday, October 26, 20112:11 PM
To: Lynette Biunno
Subject: Aquajets use of Edina Aquatic Center
Please forward to Mr. John Kerprios and Ed MacHolda:
Hello,
My family lives in Edina at 4614 Lakeview Drive.
Our children swim with the Aquajets swim team. I understand that there is meeting on Monday,
November 7th of the Park and Recreation board in which the discussion of the lease and use of
the Edina Aquatic Center by the Aquajets swim team may be on the agenda. I will not be able to
attend that meeting due to travel plans, but wanted to express my desire for the arrangement
between the Aquajets swim team and city remain unchanged. As residents of the city, our
children have benefited from the current arrangement of Aquajets summer practice at the
Aquatic center in the morning, just before the pool opens to the public. We would hope that the
city would renew the lease with Aquajets to allow a similar arrangement this year.
Regards,
Gina Drazan
952- 285 -2815
From: Leslie DeMuth <lesiwd(cD_yahoo.com>
Date: November 2, 2011 7:57:24 PM CDT
To: "david.deeds(a-)-gmail.com" <david.deedsagmail.com >,
"tfronek(&- Yahoo.com" <tfronek _yahoo.com >, "hulbert0089(&- gmail.com"
<hulbert0089 cD__gmail.com >, "eionesedina cD-me.com"
<eionesedina(cD_me.com >, "weltwo fmsn.com" <weltwoCaD-msn.com >,
"randyameyer _aol.com" <randyameyer _aol.com >,
"jamesneville(c�comcast:net" <iamesneville(c�comcast.net >,
"dan1 nand- aol.com" <dan1 nana_aol.com >, "Imsegretoalmsn.com"
<Imsegreto(a-msn.com >, "Keeya.steel -yahoo.com"
<Keeya.steel jyahoo.com >, "Psweicht(aD-comast.net" <Dsweicht(c�comast.net>
Cc: "iwanniger ,gamil.com" <iwanniger a- gamil.com>
Subject: Edina Aquatic Center Use Policy Modification Request
Reply -To: Leslie DeMuth <lesjwd(&_yahoo.com>
Dear Edina Park and Rec Board Members:
As an Edina Resident and a member of the Aquajets Swim Team and long
time user of the Edina Aquatic Center, I am writing this email to express the
need to modify the proposed Edina Aquatic Center Use Policy requiring the
Designated Edina Swim Team. We strongly believe that the Designated Edina
Swim Team should have at least 90% of its team live or go to school in
Edina. I believe the Designated Edina Swim Team Status percentage
should be 90% because:
1. All other Facility Use Policies in the City of Edina require the
Designated Edina Team be made up of at least 90% Edina Residents.
2. Reducing the 90% to a lower % hurts approximately 80 taxpaying
Edina Residents swimming on the Aquajets Swim Team who would be
excluded from using the Edina Aquatic Center.
3. The Edina Aquatic Center Use Policy should impose significant restrictions
against providing preferential treatment to nonresident participants on the
Designated Edina Swim Team - resulting in the exclusion Edina taxpayers
from the use of public facilities.
4. The Edina Aquatic Center Use Policy should support and enhance the
athletic teams of the Edina Public Schools. Many of the Edina Residents
and Aquajet Swimmers compete on the Edina High School team and should
be able to benefit from the use of Edina Public Facilities.
5. The Edina Aquatic Center Use Policy should promote sportsmanship
and collaboration among private, non -Edina funded organizations, not
exclusivity and advantage.
6. No other outdoor, meter length pool in the Twin Cities is used
exclusively by one swim team at the significant detriment of another swim
team. The Edina Aquatic Center should be no different.
7. The Aquajets Swim Team has rented the Edina Aquatic Center for the
past 7 years and is extremely well regarded by all Edina Park and
Recreation Staff and Edina Aquatic Center Staff.
8. Reducing the 90% to a lower % eliminates the opportunity to
maximize rental income for the Edina Aquatic Center by not allowing
multiple teams to compete for available rental times.
9. Reducing the 90% to a lower % provides a significant benefit to
non - resident, non - taxpaying swimmers at the detriment of taxpaying
Edina Residents on other teams.
10. Reducing the 90% to a lower % creates a competitive
advantage for the Designated Edina Swim Team by allowing the favored
team to "up sell" fees to a large number of nonresident members,
thus receiving a financial benefit by leveraging publicly owned
property.
11. Reducing the 90% to a lower % would allow the Gators Swim Team
to essentially "kick" the Aquajets Swim Team out of the Edina Aquatic
Center.
12. If the Gators Swim Team is allowed to "kick" the Aquajets Swim
Team out of the Edina Aquatic Center, the Aquajets Swim Team would be
faced with a significant risk of diminished performance.
Thank you for considering this important modification that will impact many Edina
families.
Sincerely,
Leslie DeMuth
From: Bradley Hanson jmailto :hanson.bradlgy(dcomcast.net]
Sent: Tuesday, November 08, 20112:02 PM
To: Lynette Biunno
Cc: 'Jeff Rodriguez'; 'Bradley Hanson'; nicholsonlaamsn.com
Subject: Edina Aquatic Center
My name is Brad Hanson and my wife and I attended the Park and Recreation board meeting last night
concerning the renting of the Edina Aquatic Center pool. We are both past board members of the Edina
Swim Club (ESC). Our daughters Andrea and Lesley swam for ESC and Andrea coached at ESC after
graduating and swimming for the University of Minnesota. Needless to say we have been very involved
with the Edina swimming community for over 18 years, including Edina Country Club swim team, Edina
High School swim & dive team, and the ESC. Here are some observations from last night.
I believe it is important to come up with a policy for sports teams /clubs to use in the facilities of Edina.
Swimming is very different from most sports because there is lack of pools in the state. Every school and
community has gyms and fields and therefore the 90% participation rule makes sense for those other
sports. I would think ESC has by far the highest percentage of swimmers from their community than any
other club in the metro area. As a board member stated there should be consideration to the number of
athletes as well as the percentage in determination of the rental facility.
Here are the facts stated last night:
-ESC has had a 54 year relationship with the city of Edina.
-ESC rents all the available pools in the city and pays thousands of dollars every year.
-ESC has donated over $25,000 to purchase equipment used at the various pools of Edina.
-ESC is a part of the community and participates in the 4th of July parade.
Here are the facts that were not stated last night:
- Aquajets is based in Eden Prairie.
- Aquajets has not inquired about availability from any other pool.
-ESC had to rent lanes at the U, of M pool last year because the membership has grown.
-ESC has time reserved at the U of M pool as a back up for next summer.
- Aquajets is the only club that operates their own pool facility.
When we were on the ESC board Foxjets, another Eden Prairie based club, tried to get time at the
Aquatic Center and even some other Edina pools. One of their arguments was that they had many
swimmers from Edina. (probably the same percentage as Aquajets). But they did not get the Edina
facilities because they were not an Edina club. We don't see how this situation is any different.
Each swimmer and parent has a choice to make and should be held accountable for their choice. Some
chose to leave Edina and join an Eden Prairie club for whatever reason. More have chose to stay in their
community and are proud to be a part of ESC. Just because 30-40 swimmers /parents wore green and
white shirts (their colors are blue and yellow) doesn't give them the right to Edina facilities. They chose to
leave Edina.
ESC and the City of Edina have had a long partnership going back over 50 years. ESC has paid
hundreds of thousands of dollars in rent and donated equipment to help make our facilities first class.
Now ESC needs the help and support from the City of Edina, because the program has had great
success and is growing. It doesn't make sense for ESC to rent lanes of the U of M, when there is space
available at the Aquatic Center.
Thank you,
Bradley and Susan Hanson
From: TODD HANSEN [mailto:tmghansen @msn.com]
Sent: Wednesday, November 09, 20118:56 PM
To: John Keprios; swensonannl @gmaii.com; Ed MacHolda
Cc: Leslie Nicholson
Subject: November 7th Park and Recreation Meeting
Dear Board of Parks and Recreation, Mr. Keprios, and Mr. McHoulda,
We attended the Park and Rec. meeting held Nov. 7th, where there was discussion over the use of the
Edina Aquatic Center. We are Edina residents, who have been active members of the Edina Swim Club for
the last 7 years. While we respected the process and positive intentions, we were left confused by the
necessity for this meeting and its end result.
We were confused why the Aquajets of Eden Prarie,
http : / /www.edenprairie.org /vcurrent /live /article.asp ?r =6046, a contracted renter, for the last 9 years,
was presented with the recognized association team, of 54 years, the Edina Swim Club, to the Board as
an equal stakes holder in the Edina Aquatic Center.
http: / /www.ci.edina.mn.us /departments /park recreation /youth athletics /index.aspx
At the meeting, we observed the following:
• After limited discussion and evidence, the Board did not feel prepared to set policy.
• We heard several board members voice their concern that there wasn't enough information or fact
finding to move forward and commend them for wanting to take the time to do it correctly.
• Due to the need for both teams' to plan for summer training, there was pressure to make a decision
that evening.
• This pressure led to the motion to leave this summer's usage decision up to the staff at Park and Rec
(John Keprios and Ed McHoulda).
• When the Board asked Ed McHoulda about precedence for recognized Youth Associations, he stated
that every other association used the facility for their sport 100% of the time. There were not any
other teams, with or without Edina residents, who rented the facilities.
• When the Board asked Ed McHoulda, who has worked with Park and Rec. and the Edina Swim Club
(ESC) for 26 years, what course of action he would take. He stated that he would follow the same
process he did for every association. He would grant priority to the recognized association, in this case
the Edina Swim Club.
• Additionally, Mr. McHoulda stated that ESC Presidents have been active participants at association
meetings and a part of association planning and policy making for his entire 26 year tenure.
• After Mr. McHoulda spoke, prior to the vote, Mr. Keprios stated that if the vote places control in the
Park and Rec. staff, he would maintain status quo.
• When asked to clarify status quo, he referred to the arrangement of last summer; divided pool time
between Edina Swim Club and the Aquajets of Eden Prarie.
We see several problems with Mr. Keprios' response:
1. Mr. Keprios made a unilateral decision.
2. By making that unilateral decision, he disregarded the intent of the board, which was to have the
Park and Rec Staff conduct further discussion and do more fact finding before making a decision
for the upcoming summer.
3. He disregarded the recommendation of his assistant, Ed McHoulda, the Park and Rec. employee
with the most knowledge of the history and precedence regarding decisions for pool time at the
Aquatic Center.
4. Mr. Keprios defines status quo as the arrangement for pool time from the previous year.
5. This definition, of status quo, "the existing state of affairs ", ignores these facts:
for 54 years ESC has been recognized as the swimming association for our community.
ESC's percentage of Edina residents has always been around 75 %.
every other recognized association has been given first access to community facilities up to 100%
of the available time.
THAT is the status quo.
We sincerely hope that the staff at Park and Recreation will consider the original intent of the motion,
and continue the discussion, so that a more informed decision can be made.
Respectfully,
Midi and Todd Hansen
6221 Ashcroft Lane
From: Ralph Lindell [mailto:ralindell @yahoo.com]
Sent: Tuesday, November 08, 20115:08 PM
To: Ed MacHolda; John Keprios; swensonannl @gmaii.com
Cc: Scott Neal; Leslie Nicholson
Subject: Park Board Meeting
My name is Ralph Lindell, I live at 3309 W 55`h St in Edina and have 2 boys who swim
with both the Edina Swim Club (ESC) and the Edina Boys High School team. I attended the Park
Board Meeting on Monday night at City Hall at 7:OOPM and was fascinated by the process.
While I applaud the council's attempt at fairness, there are key factors that were not addressed at
the meeting that, as an Edina resident and a swim dad for 10 years, I would like to try to clarify.
The Aquajets were clearly well - prepared for the meeting with their matching t -shirts and they
managed to portray themselves as the underdogs in the situation. The truth is far from that:
• The Aquajets are one of the largest swim clubs in the state, if not the largest. The Edina Swim
Club, while it has grown significantly over the past 4 years, is still a smaller club.
• The Aquajets have their own 13 lane swimming pool in Eden Prairie (roughly equivalent to
Southview and Edinborough combined) over which they have sole discretion regarding
scheduling and they never have to share that space: they can schedule practices at whatever time
fits their desires. For 9 months of the year when we don't practice at the Aquatic center, the
Edina Swim Club regularly uses pool space at multiple locations such as Edinborough,
SouthView, ValleyView and Blake. The earliest the ESC can get pool space is around 6P. We
are often forced to leave those pools as priority changes our status and we end up using the
UofM or pools in St. Louis Park and other communities. For 9 months of the year, the Aquajets
have their entire team together at their facility in Eden Prairie. For 3 months in the summer, we
have an opportunity for our team to swim together; instead, we share the space with the Aquajets
and rent additional space at other venues to make up the difference for our swimmers.
• There were several children who made appeals to the council. Please be aware: if 75% of the
ESC swimmers are Edina residents and 25% of the Aquajets are Edina residents, for every 1
green shirt that was in the audience Monday evening, there were 3 Edina residents who were not
in attendance and who swim with the Edina Swim Club. A large reason there were few Edina
Swim Club parents and swimmers at the meeting is that most of the Edina swimmers were still at
swim practice, whereas the Aquajets, with their own pool, can schedule practices earlier and
were done swimming by the time of the Park Board meeting.
• The Edina Swim Club is well aware of priority scheduling for pool space: in the pecking order
for pool time, we come after girls/boys high school swimmers, after synchro swimming, after
water aerobics, after water safety. The Aquajets state that they are unable to use the Aquatics
Center after 8P during the summer; the ESC is ALWAYS using pool time after 8P during the
indoor season in 25yard pools because that is all that is available to us as a result of prioritizing.
• You may be wondering how, if the Aquajet team is larger than the Edina Swim Club, they can
support their team on 2 hours of pool time at the Aquatics center in the summer; we get 3.5 hours
and want more. Are we just being greedy? The truth is that it's mainly just their `elite' swimmers
that use the Aquatic center and most of their team continues to swim in their 13 -lane pool in
Eden Prairie. The Edina Swim Club does not have that option. If you were to come to the
Aquatics center during an Edina Swim Club practice, you would regularly see 20+ swimmers in
a single lane. That number is not conducive for coaching and barely adequate for training. If Mr.
MacHolda were able to offer the Edina Swim Club six or even 7 hours of pool time per day we
could put it to good use. This isn't a factor of good guy/bad guy: The number of swimmers the
ESC serves (the large majority of whom are Edina residents) has nearly doubled in the last 4
years. We are straining our current time slots and locations to the maximum. We don't have the
luxury of our own pool space where we have first priority over scheduling and usage like the
Aquajets do. For the most part, we are low on the existing priority level for pool rentals and after
nearly every other city aquatics organization.
• Portraying the Edina Swim Club as the `bad guys' who are trying to hog pool space and kick the
Aquajets out of the Aquatic center is inaccurate. The truth is that for most of the years there has
been an Aquatic center, the Edina Swim Club had sole use of the facility for morning training.
The reason the Aquajets even became a part of the Edina Aquatics center can best be answered
by someone other than me. We have shared the space for the last 9 years, but have seen our
numbers nearly double and, for the sake of the team, for adequate coaching, for training, and for
the majority of Edina residents, the Edina Swim Club would like to have priority use of the
Edina Aquatic Center.
The Edina Swim Club is not the bad guy: we are the group recognized by the City of Edina
for over 50 years as the organization for club swimming within Edina. We are the link on the
Edina City website. Our club has grown significantly and needs adequate pool space for the safe
coaching and training of the athletes within the Edina Swim Club. If anything, the Edina Swim
Club is the underdog trying to foster growth and athleticism within the City of Edina.
What the whole situation really comes down to is this: what group does the City of Edina and
the Parks and Rec want to have as the organization that represents club swimming for the City of
Edina? And the council needs to determine how that decision is going to be made, both for
swimming and for other sports organizations that would like to use Edina facilities. Simply
choosing a percentage does not work: If the council recommends a 90% cutoff, and no
organization meets that goal, how will priority be allocated if no organization meets that single
criterion? Or, if there were a small swim club with 10 Edina swimmers that had 100%
compliance, would it have priority over a club that had 250 swimmers from Edina, but only 75%
of the total swimmers of the club were Edina residents? Clearly, when developing compliance
criteria for priority, the council will have to consider multiple factors. These factors may include:
• Percentage of Edina residents on the organization.
• Total number of Edina residents on the organization.
• Location of the organization, such as offices or mailing address.
• Name of the organization.
• Effects of the organization within the Edina community.
• Events the organization participates in or organizes within Edina.
• Amount of money generated for Edina by the organization and its actions.
• Length of time the organization has represented the community.
• Precedence of pre- existing organizations that have represented Edina in the past.
The Park Board will have to decide on a set of criteria so that the parties within the Park and
Rec who implement the policy have a consistent framework to decide priority of facility usage.
There is no decision that will satisfy everyone, but there is one decision that will address the
needs of the majority of Edina residents.
Thank you for your time, Ralph Lindell
From: stanglbb @aol.com [mailto:stangibb @aol.com]
Sent: Monday, November 21, 20112:25 PM
To: John Keprios
Subject: Aquatic Center summer swim team hours
John, I was at the Park & Rec meeting representing the Edina Swim Club a few weeks back. I am
extremely disappointed in the Park & Rec and their decision to continue to offer the Aquajet swim team
pool space this summer. Doesn't 54 years and $25,000 in donations count for anything? We need more
pool space with our growing and amazing team. We are Edina's official Athletic Association swim team
and it should not matter if we are 75% or 90% Edina.
An Eden Prairie swim team should not have any voice in how many hours the Edina Swim Club needs or
uses at the outdoor pool. Thank you.
Kathy Laedtke
Edina Resident
Edina Swim Club Board Member 2005 -2009
Edina Swim Club President 2009
r
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Henson &Efron
P R 0 F E 5 5 1 U N A L A 5 5 U L I A I I U N
NOV 1 4 2011
November 14, 2011
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota 55402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www hensonefron.com
firm @hensonefron.com
Direct Dial (612) 252 -2862
jr,arpentdr@heiisoii6fron.com
V, L4 E -MAIL AND US. AWL - .-
Mk Scott Neal . i
City Manager,.
City'ofEdina
Edina City Mall
4801 W. 50ih St.
Edina, MN -55424
Re: Appeal of Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Mr. Neal:
Edina Swim Club, a Minnesota nonprofit corporation serving the City of Edina community since
1957, hereby appealsAhe November 7, 201.1, decision adopted-by the Edina Park Board
regarding "Edina Aquatic Center Swim Team Use Policy" (Edina Park Board Agenda Item
VI(B)), and respectfully requests that this matter be placed on the next available agenda of the
Edina City Council for consideration.
Res ly,
Je ey D. `Carpenter
Counsel for the Appellant
JDC'. j 435626 DOC
H ens on & Ef ron
P R O F E S S I O N A L A S S O C I A T I O N
RECEOVED
NOV 15 2011
November 15, 2011
VIA E -MAIL
Edina City Council
City of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota 55402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www.hensonefron.com
firm @hen son efron.corn
Direct Dial (612) 252 -2862
jcarpenter @hensonefron.com
Re: Letter Brief in Support of Appeal of Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Members of the Edina City Council:
This interim letter brief is furnished in support of the notice of appeal submitted on
behalf of Edina Swim Club, a Minnesota nonprofit corporation, with respect to the November 7,
2011 decision adopted by the Edina Park Board regarding "Edina Aquatic Center Swim Team
Use Policy ". For the reasons set forth below, Edina Swim Club respectfully requests that the
Council agree to reconsider the above Edina Park Board decision at the earliest available public
meeting of the City Council
As a preliminary matter, it should be noted that the purpose of this letter brief is simply
to address the very narrow issue of whether the City Council should, for all of the reasons set
forth below, agree to reconsider the Edina Park Board's November 7, 2011 decision. In the event
the Council determines that reconsideration would be appropriate, Edina Swim Club would
intend to submit a further letter brief in explanation of its position on the merits of this broader
issue.
On the morning of August 25, 2011, Assistant Edina Park and Recreation Director, Ed
MacHolda, discussed with Edina Swim Coach, Jeff Rodriguez, the swim club's Aquatic Center
pool needs for its 2012 summer long course season. At that time, Mr. MacHolda, offered the
Edina Swim Club the full morning time slot, starting at 6:00 am and continuing through 11:30
am for each week day, for the entirety of the summer long course season (from June 4, 2012
through and including August 11, 2012), with continuation thereafter of only the swim club's
masters swim program (with more limited hours from roughly 6:00 -7:15 am each day) through
August 17. Following use of the Aquatic Center by the Edina Swim Club, the balance of the
11
Page 3
November 15, 2011
On November 7, 2011, the Edina Park Board considered a matter on its agenda
designated "Edina Aquatic Center Swim Team Use Policy ". Following discussion by members
of the Park Board, the Park Board determined that it was unable to adopt a formal policy for the
Aquatic- Center at this time, and instead .voted to empower Park and Recreation staff.to: resolve
pool time disputes.between-Edina Swim'Club and Aquajets Swim Club of Eden Prairie. PriorJo
the Park Board vote, members of the Park Board asked for clarification as to how staff would
.resolve the matter. Mr. MacHolda replied that he would allocate the entire time allotment to
Edina Swim -Club as the recognized Edina athletic., swim association. When asked further, Mr.
Keprios responded that, if empowered by the Park 'Board that would mean that he would
implement the status quo, which he described as assigning for 20,12, the pool time allotments that
-- ' had - origirially been - assigned in 2011: - Shortly - after -those - two; conflicting pronouncements, the-
Park, Board resolved to authorize Park and Recreation staff to. resolve the matter.
What precisely was decided at the Park Board meeting remains shrouded in uncertainty,
snaking it difficult for Edina Swim Club to plan accordingly. Moreover, if the outcome of the
Park Board vote and consequential Park and Recreation staff decision - making, results in an
allocation of pool time to the detriment of Edina Swim Club, those decisions cast a� cloud of
uncertainty over all of the ,Edina youth athletic associations -- and at the same time send a strong
message to Aquajets grid °`other non -Edina athletic,'associations that its open season for Edina
fields and facilities:
For all of the above- stated reasons, Edina Swim Club respectfully requests that the City
Council agree to accept and reconsider this matter.
Respect ,
Je frey D.'Carpenter
Counsel for the Appellant
JDC:jj
435637 DOC
C, c: Ms. Kate Lundsten, Aquajets Executive Director (by email),
Mr. Steve Foster, Aquajets President (by email)
City ®f Edina
Park and Recreation Department
Facilities Use Permit
Permission is requested by Aguai ets
(Name of Individual or Organization)
to use _Edina Aquatic Center for the purpose of Swim Team practice
(Facility. or Field)
Contact Person John Wanninger Home Phone Work Phone 952- 240 -7600
Signed
Address, 6509 Navaho-Trail
City Edina, IAN Zip 55.439
Date Facility or Field is to be used Time
From To
Monday - Friday June 11- August 10 2012 9:30am 11:30am \
(Day of Week) Month Day Year.
Special Requests/Arrangements All lane lines and equipment must be removed by 11.30am
The Edina Park and Recreation Department requests that you or your organization, observe the
following regulations:
L No alcoholic beverages allowed (exception: Arneson Acres).
2. No automobiles may be parked on park property.
3. All refuse must be picked up and properly disposed of.
4. Permit should be carried to activity.
y Payment due June 1, 2012
Approved by: C` Fee $9,00 Key Deposit
(Park & Re reation Director)
CARBONIZED PAPER —WRITE FIRMLY
White Copy Yellow Copy Pink Co
Organization/Individual City of Edina Edina Police Department
City of Edina
Parr and Recreation. Department
Facilities Use Permit
Permission is requested by Aguaj ets
(Name of Individual or Organization)
to use Edina Aquatic Center for the purpose of swim Team practice
(Facility or Field)
Contact Person John WanninQer Home Phone
Signed
Address 6509 Navaho -Trail
City Edina, MN
Date Facility or Field is to be used
Tuesday & Thursday June 12 -July 26 2012
(Day of Week) Month Day Year
Work Phone 952 -240 -7600
Zip 55439
Time
From To
8:30pt 9:30pm
Special Requests /Arrangements All lane lines and equipment. must be ,removed by 9:30pm
The Edina Park and Recreation Department requests that you or your organization, observe the
following regulations:
1. No alcoholic beverages allowed (exception: Arneson Acres).
2. No automobiles may be parked on park property.
3. All refuse must be picked up and properly disposed of.
4. Permit should be carried to activity.
-� Payment due June 1, 2012
Approved by: -'. C� E j�'c•` Fee $1,40 Key Deposit
(Park & lecreation Director)
CARBONIZED PAPER —WRITE FIRMLY
White Copy Yellow Copy Pink Copy
Organization/Individual City of Edina Edina Police Department
0AW in
REPORT /RECOMMENDATION
To: EDINA PARK BOARD Agenda Item Item No. VI. B.
From: John Keprios, Director ® Action
Park and Recreation Department F-1 Discussion
Date: November 7, 2011 F-1 Information
Subject: Edina Aquatic Center Swim Team Use Policy
if
ACTION REQUESTED:
Staff recommends the Park Board approve the proposed Edina Aquatic Center Swim
Team Use Policy (Attachment A).
INFORMATION /BACKGROUND:
The attached copy of the Edina Aquatic Center Swim Team Use Policy is being
proposed in response to a request by the Edina Swim Club to rent'additional Aquatic
Center pool time in 2012 than what they have traditionally rented in the past.
In the past, the Edina Swim Club has rented 3 %2 hours per day (6:00 a.m. to 9:30 a.m.,
Monday through Friday) at the Edina Aquatic Center for their program use. For the past
nine years, the Aquajets Swim Club has rented 2 hours per day (9:30 a.m. to 11:30
a.m., Monday through Friday) of pool time for their program use. The Aqua Jets Swim
Club, which consist of approximately 25% Edina residents, have been a good customer
of the Edina Aquatic Center. The Edina Swim Club has recently approached staff
requesting an additional 2 hours of Edina Aquatic Center pool time (the 9:30 a.m. to
11:30 a.m. time slot) to expand their program offering. This request basically
challenges the lack of existing policy regarding priority access to Edina Aquatic Center.
To be consistent with the City of Edina's priority access to gymnasiums, outdoor athletic
fields and outdoor hockey rinks policies, staff is proposing a new priority access policy
that we refer to as the "Edina Aquatic Center Swim Team Use Policy." As you will
notice, it requires that the recognized youth athletic association for the sport of
swimming be the Edina Swim Club. The proposed policy also suggests that the Edina
residency requirement be set at 75 %, which is basically the percentage that the Edina
Swim Club has maintained for many years and is similar to the City of Bloomington's
priority access policy for their publicly owned pool. An argument could be made that
75% is not consistent with the 90% residency requirement for all other youth athletic
associations; however, the Edina Swim Club has traditionally been at or near the 75%
residency for as long as we can recall.
Another matter that makes this policy somewhat unique from the other youth athletic
associations' priority access to public facilities policies is that the Edina Aquatic Center
facility is an enterprise facility whose mission is to function like a business. Like other
enterprise facilities (Braemar Arena, Braemar Golf Course, etc.), our mission is to serve
Edina residents first; however, at the same time we need and rely on our non - resident
customers to sustain a healthy bottom line. We need to be sensitive to that mission as
we develop a policy that establishes priority access.
ATTACHMENTS:
• Edina Aquatic Center Swim Team Use Policy
• Email from Gina Drazan
• Email from Leslie DeMuth
• Letter from Steve Foster, Aquajets President
MINUTES
OF THE MEETING OF THE
PARK BOARD
HELD AT CITY HALL
NOVEMBER 7, 2011
7:01 PM
L CALL TO ORDER
Chair Hulbert called the meeting to order at 7:01 pm
II. ROLLCALL
Answering roll call were Members Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Neville,
Weicht, Fronek
III. APPROVAL OF MEETING AGENDA
Member Jones made a motion, seconded by Member Peterson, approving the meeting agenda.
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Fronek
Motion Carried.
IV. ADOPTION OF CONSENT AGENDA
Member Peterson made a motion, seconded by Member Lough approving the consent agenda as
follows:
N.A. Approval of Minutes —Special Meeting of Tuesday, September 27, 2011
N.B. Approval of Minutes — Regular Meeting of Tuesday, October 11, 2011
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Fronek
Motion carried.
V. COMMUNITY COMMENT
None
VI. REPORTS /RECOMMENDATIONS
VIA. Edina Veterans Memorial
Mr. Keprios gave the Park Board a power point presentation on the Veterans Memorial. Bob Kost,
Architect with SEH, gave the Park Board a presentation on the site review, design concept, options
presented, preliminary cost estimate and where they hope to go from here.
Mr. Keprios indicated that he is requesting that the Park Board recommend to the City Council the
approval of the Veterans Memorial design, concept and location as it is currently proposed.
Member Segreto asked if any trees will need to be cut down to which Mr. Keprios replied as it is
currently designed there is no tree removal contemplated. Member Segreto asked if the watershed
district will have to approve the project to which Mr. Kost replied they will and they have had
preliminary conversations with their consulting engineer.
Member Segreto indicated that in looking at the maintenance she didn't see any snowplowing during the
winter and asked if that is anticipated. Mr. Keprios replied it is not their plan and if any snowplowing
were to be done it would be done by volunteers.
1
Chair Hulbert asked what the maintenance cost of $4,152.00 is for. Mr. Keprios explained that figure is
the most expensive case scenario which would reflect the use of only full -time maintenance staff and no
part-time staff or volunteers.
Member Jones pointed out that she knows the watershed district is willing to offer grants to programs
that meet certain criteria. She asked if there is something they may need to do in the design that would
affect their eligibility for being able to secure a grant. Mr. Keprios responded that is something that
would become his responsibility if the City Council approves this project.
Marshall Schwartz, 5528 Dundee Road, member of the Veterans Memorial Committee, talked to the
Park Board about the Veterans Memorial and very strongly urged the Park Board to give it their full
support.
Member Peterson made a motion, seconded by Member Segreto, to approve the Veterans
Memorial concept and recommend the City Council do the same.
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Fronek
Motion Carried.
VI.B. Edina Aquatic Center Swim Team Use Policy
Mr. Keprios recapped the Report/Recommendation that was in the Park Board packet. Member Jones
asked if there is a reason for the different policies for the fields and gymnasiums. Mr. Keprios explained
when they built the two gymnasiums they needed to establish the recognized bodies that use gymnasium
time in order to be able to dictate who has priority access. Mr. Keprios pointed out at this time they do
not have a priority access policy for the Aquatic Center or Braemar Arena.
Member Jones stated if no swim club were to meet the 90% resident rule then as she read the proposed
policy it would go in the hierarchy of the criteria listed with number one being the percentage of Edina
youth served. Mr. MacHolda replied that is correct.
Member Segreto indicated that she takes great comfort in consistency so if they decide to implement a
policy she would favor the 90% residents because that is what all of the other facilities have. She noted
that to rewrite the proposed policy to 75% they would be writing a policy to address what is before them
and there is something inequitable about that to her especially with the long history they have with the
Aquajets.
Mr. Keprios explained the-reason this is in front of the Park Board is because we currently do not have a
public policy that addresses priority access to the Edina Aquatic Center. He stated the question is do
you want to establish public policy or not have public policy and have staff deal with it using the best
business practice possible to maximize revenues.
Member Steel commented that she is hesitant to make a decision tonight as their User Fee Working
Group is essentially looking at this and unless there is an extreme urgency she would ask that they hold
off on this decision. Chair Hulbert responded he thinks there is urgency because these groups may need
to start to find out where they can secure their pool hours.
The following people gave public testimony before the Park Board:
John Wanninger, 6509 Navaho Trail, Aquajets
Jeff Carpenter, 6705 Galway Drive, Edina Swim Club
Sally Glieden, 5515 Grove Street, Aquajets
Rachel Wittmer, 4706 Sunnyside Road, Aquajets
2
Gracie Taylor, 4600 Oak Drive, Aquajets
Erica Evans „6232 Concord Ave., Aquajets
Katie Taylor, 4600 Oak Drive, Aquajets
Kristina Taylor, 4600 Oak Drive, Aquajets
Kim Jones, 4601 Edina Blvd., Aquajets
Amy Anderson, 6909 St. Patrick's Lane, Aquajets
Lisa Wittmer, 4706 Sunnyside Road, Aquajets
Kate•.Lundsten, Head :Coach:ofAyuajets Swim Teani,4..8986 Deer Rum Drive, Victoria,. MN
Alex Adams, 5129 Wooddale Glen, Aquajets
Steve Foster, 1841 Nicolas Way, EP, Aquajets
Leslie Nicholson, 56- O'Beard Ave. So:, Edina Swim Club President.
Todd Hansen, 6221 Ashcroft Lane, Edina Swim Club
Scott Jones, 4601 Edina Blvd, Aquajets
Amy Murphy, 5316 Ayshire'Blvd., Aquajets
Midi Hansen, 6221 Ashcroft _Lane,. Edina ..Swim Club-former President
Van Donkergoed, 9497 Painters Ridge, EP, Aquajets
Jeff Rodriguez, Head Coach of Edina Swim Club
Paige Bingham, 4626 Edgebrook Place, Aquajets
Member Jones indicated if no one were to meet the residency requirement that she would like other
people's opinions on whether they should look at a percentage or total number of residents. She noted
they could have a very small group-of 30- swimmers and have a high percentage of Edina residents but it
would not serve their community at all to have them have total monopoly of the pool. Member Steel
commented that is why she is fearful of making a decision right now on a percentage different from the
one already established. She pointed out what if there are, new associations down the line or one
association fails to meet the 90% rule and other groups can step in then they would be setting precedent
tonight.
Member Lough gave an example of three different swim clubs. If club A. had 60% residents, Club B had
50% residents and Club C had 40% residents; however, Club C has the largest team with the most
absolute Edina residents on what basis would you choose and allocate pool time under a policy such as
what is being suggested. Mr. Keprios replied if they are going to establish a policy it ought to be one
that's realistic and best fits and serves the community at large. Mr. Keprios asked if the Park Board is
going to recognize one organization formally as they have with the other sports, then what should that
percentage be.
Member Peterson suggested someone from staff and a couple of Park Board members meet with the two
clubs and try to come up with a solution. He stated if they are unable to do that then. Park Board and
staff will make.'the solution for them. Member Segreto indicated she agrees with member Peterson and
would rather see this. worked out between the groups; and. staff and a Park Board member or two rather
than vote on, it this evening.
Member Steel stated that maybe it would be fair to proposethat if,the;User Fee Working. Group does not
have a policy to present to the Park Board at their next meeting that they continue with the`no policy for
the upcoming season but come up with a policy for the 2013 season.
Member Segreto made a motion, seconded by Member Jones, that the Park Board adopts a no
policy for the Edina Aquatic Center. .
Member Fronek informed the Park Board that he thinks it makes the most sense to be consistent and
90 % has been consistent across all of the associations. Member Fronek made an amendment to the
3
motion, seconded by Member Segreto to empower staff to make the decision for the 2012 season
and request staff to continue to work with the two swim clubs and the User Fee Working Group to
establish a policy for 2013.
Chair Hulbert indicated that what he doesn't like about the motion is they are just deferring the problem
down the road and he would prefer to hash it out right now.
Member Lough stated it's his understanding if they choose 90% the result would be that staff will still
have to work with the two clubs to try to negotiate a solution which is why it is in front of the Park
Board. He indicated if they were to vote 75% then perhaps there would be a different result which he is
not really prepared to go there because it would be inconsistent with the other policies that are at the
90% level. He noted that he feels there needs to be a little more shaping and wisdom put together in
terms of a policy for the Aquatic Center.
Mr. MacHolda indicated that without a policy in place it has always been his role to honor the request of
the recognized body. In his 26 years in working for the City he has known one swim club and that is the
Edina Swim Club. He stated that staff is caught in between and without a policy he would have to go
off the same guidelines he has for the past 26 years and without a policy in place that is the direction he
would have gone.
Mr. Keprios informed the Park Board that when it comes to enterprise facilities they need to do what's
good for business to which they are both great customers. He stated that if the Park Board is not willing
to take the step to create policy then they are going to remain status quo.
Member Jones stated she has heard two different things that staff would do. Mr. Keprios replied if the
Park Board is unwilling to make a policy they are going to carry on with business as they have unless
they are directed to do otherwise. He stated that Mr. MacHolda has done a wonderful job trying to
resolve this matter at a staff level; however, Park Board is being challenged by a group to create policy
and, if the Park Board is unwilling to do that, staff will continue to rent pool time to both groups similar
to the past several years.
Chair Hulbert asked for a vote on the amendment:
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Peterson, Fronek
Nays: Steel
Motion carried
Chair Hulbert asked for a vote on the original motion:
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Fronek
Motion carried
Member Jones made a motion, seconded by Member Lough for Park Board to develop policy for
the following year.
Ayes: Jacobson, Jones, Segreto, Hulbert, Lough, Steel, Peterson, Fronek
Motion carried
VI. C. Edina Senior Center Presentation — Sue Weigle, Director of Edina Senior Center
Mr. Keprios explained to the Park Board the relationship between the Senior Center and the Library.
Ms. Weigle gave the history of the Senior Center to the Park Board. She then discussed all of the
different types of activities, classes, speakers, trips, sports, etc., that the Senior Center offers.
4
Ms. Weigle informed the Park Board that their biggest problem is parking because there are only 80
spots for the Senior Center and library. She noted that she tries to schedule the Senior Center activities
during the day and the library schedules their activities later in the day and evening.
Ms. Weigle pointed out that Community Education and the Senior Center have a verbal agreement on
who offers what so that they are not in competition with one another. She added that Community
Education does use the Senior Center for some of their classes and has worked out fine.
Ms. Weigle indicated that so far this year they've had approximately 50 to 60 rentals to which most of
them are during the day. She stated during the evening hours are non - paying organizations that use it
such as the library, City of Edina, Firearm Safety program, Adaptive Recreation programs and. the Twin
Cities Harmonica Group. She added that the Senior Center is also a voting precinct.
John Lundquist, Chair of the Senior Center Advisory Council and President of the Senior Center Golf
League at Fred Richards Golf Course, informed the Park Board what the Advisory Council does.
Member Lough asked which spaces inside the Senior Center they are using to which Ms. Weigle replied
they use the Sherwood Room for rentals at night so that a staff person does not have to be there and the
Senior Center can be locked up. There are people from the library there until 8:00 pm.
Member Jones asked Ms. Weigle if there were more parking does she think their programming would
grow to which she replied yes.
Member Lough commented that the Senior Center is a real asset to the community and he would like to
think they could see that place full both daytime and evening. He stated that it seems to him to be
underutilized. Ms. Weigle commented that she doesn't want to see them compete with the library.
Member Lough indicated that he is just saying parking notwithstanding there could be ways to utilize
the facility in the evening as well as ways to market and utilize the facility.
Member Lough indicated that the city has to subsidize the Senior Center to a fair degree and as with any
segment of the population they are deserving of consideration by the City; however, at the same time
they are trying to understand how they can best cover the costs of that segment of the community
through the user fees and other mechanisms. He stated that in terms of the Senior Center he is not
necessarily looking at charging senior citizens more but because it is such a nice facility is there some
way they can increase the utilization of the facility yet provide the seniors with the same programming.
Ms. Weigle responded that if they were to start renting in the evening they would need to hire staff so
she is not sure that would balance it out. Mr. Keprios pointed out they would have to analyze the return
on investment and see if it is feasible to have more evening rentals.
VI.D. Braemar Golf Course Revenues Analysis
Member Jones noted that even though Mr. Anderson is not at the meeting she would like to thank him
for creating the Braemar Golf Course Revenues Analysis, it was very helpful. Chair Hulbert indicated
that he thinks it may be helpful to see more of this for next year's budgets. Member Jones commented
that it will also be quite helpful in the future when there is a proposed increase in fees and charges.
VII. CORRESPONDENCE AND PETITIONS
None
VIII. CHAIR AND BOARD MEMBER COMMENTS
Member Steel indicated that she has frequently been going to the dog park and that the dog waste has
become a significant issue. She stated she thinks the problem is growing because it is getting darker
5
earlier at night and people are not as motivated to clean up. In addition, you cannot see where you are
walking and it's harder to monitor your dog. Member Steel indicated another item that has become a big
issue is people are using the park and do not have an off -leash dog collar on. She stated that she knows
there are signs and that it's hard to police but was wondering if they could put up a sign just temporarily
saying this has become an issue and if you do not have a collar you need to leave the premises. She
added that she has heard some park goers say they will probably not renew their off -leash license if it
continues. Mr. Keprios responded this has been an ongoing issue and he will bring it to the attention of
the Edina Police Department's Animal Control Officer, Tim Hunter, and see what ideas he may have.
Mr. Keprios informed the Park Board that there is a group that has been willing to pick up on occasion
and clean sweep the whole park in return for some advertising. He noted that the sponsor has donated
some doggie bags and some containers with their names on them to help us address the issue.
Mr. Keprios indicated that they did put some outdoor lights in at the park but probably not enough and
they will need to take a look at that. He noted that is something that we may need to add to our capital
improvement plan to get that done.
IX. STAFF COMMENTS
Mr. MacHolda informed the Park Board that the excavation is now done for the flow rider and they've
started to pour the concrete, so it's a good sign.
X. ADJOURNMENT
Meeting adjourned at 10:11 pm
rA
Appendix 1.2
DEFINITION OF EDINA YOUTH ATHLETIC ASSOCIATIONS:
To qualify and be identified as an Edina youth athletic association, the organization
must meet the following requirements:
1. 90% Edina residents. Edina youth residents are defined as individuals 18 years
old and under who live in Edina or who go to school in Edina.
2. Association or Club is a non - profit organization as defined by State statute.
3. The Association or Club must file a financial statement with the City each year
that will be made public upon request. This statement must indicate revenue,
expenditures and fund balances.
4. Association is open to all Edina residents and may not discriminate based on
race, ethnic background, or religion, or ability; however, may make team
assignments based on ability.
5. All board meetings are open to the public (with the exception of personnel issues
and litigation).
6. The organization must have an open and written process for parents to discuss
concerns or recommend changes to the organization.
7. Teams are playing during the designated "primary season ".
8. The organization must adopt the City of Edina relationship agreement and core
values statement.
Youth athletic teams (18 and under) that are currently recognized by the City of Edina
as an official Edina youth athletic association:
• Edina Baseball Association
• Edina Basketball Association
• Edina Girls Athletic Association
• Edina Girls Basketball Association
• Edina Hockey Association
• Edina Soccer Association
• Edina Soccer Club
• Edina Football Association
• Edina Youth Softball Association
• Edina Girls Fastpitch Softball Association
• Edina LaCrosse Association
• Edina Swim Club
H ens o
n &Efron
PROFESSIONAL ASSOCIATION
220 South Sixth-Street, Suite 1800
Minneapolis, Minnesota 55402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www.hensonefron.com
firm @hensonefron.com
Direct Dial (612) 252 72862
jcarpenter ct hensonefron.com
December 14, 201 1
Edina City Council
City.of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
Re: :Letter Brief in Opposition to Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Members of the Edina City Council:
This letter brief is furnished on. behalf of Edina .Swim Club, a Minnesota nonprofit
corporation, in opposition to the November 7, 2011 decision adopted by the Edina Park Board
regarding "Edina Aquatic Center Swim Team Use Policy," which supported an allocation of pool
time at the Edina Aquatic Center in favor of Aquajets Swim Club of Eden Prairie ( "Aquajets "),
an Eden Prairie athletic swinuning association, and to the detriment of Edina Swim Club, a long
recognized Edina youth athletic swinuning association.
I coiunection with the foregoing, Edina. Swim Club is in possession, of City Manager
Scott Neal's December 7, 2011, email informing both Edina Swim Club and Aquajets Swim
Club of the Edina City Attorney's position that the facility permit previously issued by the City
is .valid and must be honored by the City in 2012. The,EdinaSwim.Club respects the.opinion of
the City Attorney and the .apparent decision by the ,City. to honor such permit, ;and does not
contest that decision, As important as this issue is to Edina Swim Club, the swim club does not
advocate for the City of Edina to incur legal cost or associated. liability risk in connection with
any implied tlueats of enforcement action by counsel for Aquajets in connection with this matter.
As such, the Edina Swim Club Hereby voluntarily lilits:- the 'scope of its appeal to the Ueriod
from and after August 11, 2012, the date inimediately following the date of expiration of
Aquajets' permit.
For the reasons set forth below, Edina Swim Club respectfully requests that the Council
reverse or vacate the decision of the Edina Park Board and instead issue a decision granting
Edina Swim Club priority access to the Edina Aquatic Center for the period from and after
August 11, 2012.
Edina City Council
Page 2
December 14, 2011
A. Edina Swine Club
1. Overview.
Edina Swim Club' was original lly organized in 1957 as an unincorporated swim club by
then and current Edina boys high school head swim coach, Art Downey. In 1976; the swim club
was formally : incorporated as-Edina Swiin;Club, Inc., a Minnesota nonprofit corporation. The
swim club has maintained "for many` years a small, roughly 100 square feet, business office,
comprised of worn metaf &sks, old filing cabinets, .and; a computer, all located at. 4445 West.
77th Street, Suite 240; Edina, Minnesota. 55435, which is staffed on a part-time basis by the
club's bookkeeper and coaching staff.. Aside_ from:. office.. rent; occasional. equipment purchases
and other miscellaneous office expenses, substantially all swim club revenue is applied to fund
facility rental fees and coaching salaries.
Since its very inception in 1957, the swim club has operated as a youth swim program
actively serving the Edina community.2 Over this same period, the swim club has been the
principle feeder system for the Edina High .School boys and girls swim teams, which together
have accounted for 21 Minnesota state high school championships, including the Edina High
School girls' most recent swim team championship in 2011.
A member of both USA Swimming and Miniiesota Swinuning, the national and local
governing bodies for competitive swimming across the United States, Edina Swim Club
competes on nearly a year - round basis at local, state, regional and national levels as part of its ;
overall progranvning. That progranvning includes participation by youth swimmers during the
September -March "short course season" and the May - August "long course season," as well as at
state, regional, and national competition meets for qualifying swimmers, closing out the end of
each season. The short course season is conducted in indoor, 25 -yard "short course" pools, with
the long course season conducted in both outdoor and indoor 50 -meter "long course ".pools.
As with most or all other youth athletic ,programs, USA Swimming member clubs are
operated through nonprofit organizations administered by parent -run boards and other
volunteers. From this 'point,` however, the siniilarifies between swim clubs and other athletic
programs generally end. In the case of -Edina Swim Club and virtually all other swim clubs
operating tinder the USA Swimming umbre.lia,'experieiiced, paid coaching staff playa lead role
(and, in most cases, the sole role) in handling all "on _deck" coaching activities' —both with
respect to daily training and meet competition.
Edina Swine Club's pro;granuning is impacted by the availability of facilities. In this
regard, it is important to note that Edina Swim Club does not own any swine, facility. Instead, the
' Contrary to efforts by Aquajets Swim Club to inject confusion into the November 7 Park Board
meeting by referring to Edina Swine Club, as "Gators Swim Club;" it has in fact been. aptly
named "Edina Swim Club" for 54 years.
2 In addition to its youth progranvning, Edina Swim Club also provides a year - round masters
swim program for. adult swimmers .generally residing in the Edina area.
Edina City Council
Page 3
December 14, 2011
swim club first relies on the availability of rental facilities within Edina (e.g., for the short course
season, the swim club rents pool time at the Art Downey Aquatic Center, Valley View Middle
School, and Edinborough pools), and must look outside of Edina's borders to fill its remaining
needs. In this regard, the.swim club has often had to forage for additional facilities, including
some or all pools located at Blake School, Breck School, St. Louis Park, Conununity Center-, St.
Louis Park Junior High, and St. Louis Park High School. Instead of the .freedom to schedule
practices when most comfortable or convenient for coaches or swimmers, Edina Swim Club
must always work to fit its schedule into available openings at each pool. This essentially nieaiis
tlhat.previously, until the Edina; Aquatic Center became available each suiImiier, the swim Jclub
has never been able to train as one cohesive team. Because, of continued growtli of Edina Swim
Club's, team, its -need -for - pool -space at the Edina Aquatic-Confer -has also' grown —thiis - creating
the conflict over Edina Aquatic Center pool time with Aquajets Swim Club.
2. Recruiting /Registration.
\�Ilhile most youth athletic programs handle athlete intake through a simple registration
process in advance of each season, the year -round nature of Edina Swim Club's programming,
combined with basic safety issues associated with water sports, requires a different approach.
First, in an effort to ensure that each swimmer can safely participate in a competitive
swim program, all new Edina Swim Club members are required to demonstrate basic skill levels
in the four principal swim strokes (freestyle, backstroke, breaststroke, and butterfly). While the
swim club also evaluates walk -ons on a case-by-case. basis, new athlete registrations mostly
occur through periodic "splash nights" which the club exclusively conducts at local pools in an
effort to make the registration process as convenient as possible for Edina residents.- There, club
staff is able to evaluate each swimmer's abilities and immediately determine his or her
registration level and eligibility.
Second, since all Edina Swim Club "splash nights" are conducted only within Edina, the
vast majority of new swimmers selected at each splash night are, in fact, Edina residents. With
limited exception, the occasional non -Edina resident swinirners joining the swim club tend to. be
walk -ons from adjoining municipalities which do not have local swim clubs (e.g., Mirmeapolis or
St. Louis Park), or swimmers who have independently sought 4rainifig or competitive,
opportunities not available at their local club. Provided that Edina Swim Club. can accommodate
those swimmers, they have been welcomed. -
Except in cases where a particular swimmer has lacked the elementary entry - level skills
necessary to immediately participate in Edina Swim Club's programming, Edina Swim Club
staff is unaware of any Edina resident having been denied immediate membership with the swim
club. Even those applicants, whose skill levels are below the minimum necessary to ensure safe
participation, are referred to local "learn to swim" programs —along with encouragement to
reapply to the swim club either at the next available splash night or as a walk -on once the
applicant's basic stroke skills have improved. In short, Edina Swim Club remains, and has
Edina City Council
Page 4
December 14, 2011
always been, devoted to the primary goal of converting Edina youth into accomplished
swimming athletes.3
3. Membership.
Edina Swine Club's membership fluctuates over the course of each year for a variety of
reasons —some of which are unique to Edina Swim Club and others of which are corm-non for
most or all swim clubs. This fluctuation is important to keep in mind as the Council considers
the viability of strict percentile membership requirements.
First, there is predictable fluctuation in tandem with the fall /winter and winter /spring
girls'. and boys' liigli school swine seasons, with girls and boys - leaving and later rejoiiiiiig the
swim club before and after their respective high school swim seasons. During this period, Edina
Swirn,Club generally experiences membership fluctuations by as many as 80 swimmers over the
course of both seasons.
Second, Edina Swim Club currently offers a variety of registration alternatives, allowing
qualifying swimmers and their families to select from a.menu of program and pricing options,
thereby enabling families to choose the option or options that best suit their busy schedules and
interests. By way of example only,.one swimmer might choose a fill season option, allowing the
swimmer to swim year round, while another swimmer might choose an option that simply allows
that swimmer an opportunity to train in advance of his or her respective high school season.
Consequently, at any one point in time, a significant number of Edina Swim Club swimmers may
simply be inactive due solely to the fact that they have elected a particular registration option that
will make them active during another programming period. Because choices are unique to each
individual, it is difficult to project variation stemming fiom swimmers' individual decisions.
Third, some swimmmers elect to pursue other Edina youth athletic programs over the
course of the summer months, choosing, for example, youth baseball, softball, football or soccer,
to name just a few. It is not unconuilon for children to sample and play other sports, and the
s\vim club accommodates that exploration.
Finally, another group of roughly 35 .Edina Swim Club swinuners will generally take a
summer sabbatical from Edina Swim Club and'irnstead elect to swim "country club" as part of the
Western Swim League —which conducts swiin meet competitions at hinny of the metropolitan
area county clubs. In Edina, both Interlachen Country Club and Edina Country Club participate
in this league. As such, Edina Swim Club will temporarily lose swimmers to both country club
programs during this period. Although Edina Swim Club coaching staff provides: direct training
support for the Interlachen WSL senior team coaching staff as part of, the swim club's
community outreach, Edina Swim Club's "Interlachen swimmers" are not tecluiically active with
the swim club during their WSL summer season.
s While Edina Swim Club is open to the possibility of including learn to swim programming as
part of its core services, facility availability issues remain a problem outside of the club's
control.
Edina City Council
Page 5
December 14, 2011
Today, and subject to the various membership fluctuations discussed above, Edina Swim
Club's overall membership generally exceeds 300 swinuners, with roughly 75% of its
membership comprised of Edina residents.4
4. Volunteering.
With limited exception, Minnesota competitive swimming depends entirely on legions of
parent volunteers to organize and run all of the statewide club swim meets, including virtually
every.-Miiuzesota swim meet that pis attended by both Edina Swim Club amid "Aquajets.: -For the
2011 2012 --fall /winter short course season alone, 57 separate swim meets have been scheduled at
..this- tirne....In_the , case- of_both Edina.Swim Club_and.Aquajets:Swim_Club, each -has participated,
or is scheduled .to participate, at many of these swim,:irieets for the current fall /winter short
coirse.-season. This means that each "host club" will need to recruit to fmll.up to perhaps 200
separate volunteer parent positions (including managing, recruiting, advertising, donation
solicitations, setup, concessions, timing, officiating, tear down, and various other volunteer
functions) to ensure that each of the 57 swim meets will occur as scheduled. This equates to
approximately 7,000- 10,000 volunteer positions filled throughout the state for the benefit of
Minnesota youth swinuners.
Historically, Edina Swim Club has conducted two major swim meets each year —a
summer outdoor meet held at the Edina Aquatic Center, and a fall /winter short course indoor
meet held at varying indoor locations in the metro area (more recently at the Art Downey
Aquatic Center). In recent years, Edina Park and Recreation has understandably not permitted
outdoor meets at the Edina Aquatic Center due the intense recreational demand for that facility
by Edina residents.. Edina Swim Club's parent volunteers nonetheless continue to conduct a
major indoor meet each spring for the benefit of the Minnesota competitive swimming
community, along with some additional smaller meets.
5. Financial Contribution.
Although arguably irrelevant to the mission of promoting and facilitating Edina youth
sports, it should, be noted. that Edina Swim Club is not a financial burden, to the Edina
conununity.' Instead, Edina Swimn Club' has repeatedly donated equipment for both Edina's
indoor pools and the Edina Aquatic Center. Iri fact, the very land lines that Aquajets will use at
the Aquatic Center in 2012,.,just as it has in prior years; were bought by Edina Swim Club, and
assembled and installed by Edina Swim Club parents.
Through atulual rental of pool and weight room facilities in Edina alone, the swim club
has contributed a total of $72,000 for the club's current fiscal year (with another $26,000 paid or
scheduled to be paid for,additional facilities outside of Edina for, the current fiscal year:). There
are no "freebies" or discounts. Edina Swim Club pays top dollar for every pool. hour furnished
4 It sliould be noted that Edina Swim Club does not currently track swinuners who open enroll
into Edina public schools, attend private schools or are home schooled within Edina, all of
w1l ich, if tracked, would presumably increase the swim club's Edina residency percentage.
Edina City Council
Page 6
December 14, 2011
by the City of Edina, the Edina School District, and all other providers. In the case of the Edina
Aquatic Center —an Edina enterprise facility —Edina Swim .Club pays a market rent, as
determined by the City of Edina, for that facility. Moreover, through the operation of the swim
club's annual spring swim meet —which draws hundreds of swinuners and their funilies into the
Edina area —area restaurants arid businesses incalculably benefit as well.
B. Aquajets Swim Club
Originally formed in 2002 by Jon Foss, the founder of Foss Swim School, Aquajets Swim
Club's sir4le nonprofit existence appears to mask a more complex "for profit" organization that
lingers in the_ background. Following. its 2002 formation;. the original .Aquajets club was -
acquired by Newjets, Inc., a then newly created Minnesota nonprofit corporation. According to
its �owm press release:at that time, Aquajets had been acquired by Newjets. from an affiliate of the
"Foss Swim School Organization." NeNvjets now operates under the assumed name of "Aquajets
Swim Club." That name, however, according to govermnent records, is not owned by Newjets.
Rather, it is independently owned by The A -Jets, Inc., another Miruiesota nonprofit corporation.
Both of these nonprofits, however, office share with a host of Foss - related "for profit" business
companies, including Foss Club Management, Inc., a Minnesota corporation, Foss Management,
LLC, a Minnesota limited liability company, Foss Performance Management Systems, LLC, a
Mituiesota limited liability company, Foss Swim School, Inc., a Mirulesota corporation, Foss
Swim School, LLC, a Delaware limited liability. company, Warm Water Pools, LLC, a
Mim-resota limited liability company, Warm Water, Pools of Maple Grove, Inc., a Minnesota
corporation, and Warm Water Pools of Eden Prairie, LLC; a Minnesota limited liability
company. Every one of these organizations maintains registered and /or executive offices at
Aquajets'. swim complex located at 6545 Flying .Cloud Drive, in Eden Prairie —with Jon Foss
designE ted as manager, president, or CEO of nearly all of these various entities. See Exhibit A
attached hereto.
Warm Water Pools of Eden Prairie, LLC, one of the above "Foss entities," is. the record
owner of the privately owned Aquajets Eden Prairie swim complex. Built on five acres of land
with a current assessed market value exceeding $4.1 Million (see Exhibit B attached hereto), it
features, among other things, two indoor fools, a' fitness center, team lounge, coaches' offices
and WiFi —all, in what Aquajets comfortably" describes on its'website as an "errvirorunent for
swimmers to reach their goals." Apparently lacking only a.50 meter pool, Aquajets solves,that
problem by additionally claiming the Edina Aquatic Center on its website as its official sununer
long course pool.
Strategically located for recruiting purposes in the northwest quadrant of Eden Prairie,
Aquajets' facility is only a stone's throw from Edina, Minietonka and Hopkins. As if location
alone was not enough, however, Aquajets has cracked another "recruiting nut" by relieving all of
its member families from any.public meet volunteer conunitment obligation. In short, while
Aquajets' families have searched for a comfortable spot in the bleachers to watch their children
swim, Edina Swim Club parents, along with the parents of nearly every other host swim club in
the State of Minnesota, have combined to fill the many thousands of volunteer positions needed
in order to make that year's short course season happen. And when every long course season has
Edina City Council
Page 7
December 14, 2011
begun, that pattern has been repeated. Aquajets —one of the largest clubs in the, state —hosts no
meets, and has instead leveraged the Herculean efforts' of other swim clubs for all of its swim
meet participation, while at the same time relieving its parents —and prospective new parents —
from any obligation to reciprocate.
Not surprisingly, the location of Aquajets' facility, coupled with practice of no mandatory
parent volunteer participation, has been a drawing card for many .families in the immediate
vicinity of Aquajets' Eden Prairie swim complex and the Edina Aquatic Center. Lest that point
be missed, -Aquajets consistently drives it home by active:recruiting outside df Eden Prairie and
throughout.a broad swath of the southwest Minneapolis metropolitan- area, including Edina, St.
Louis Park Valle
_..- �Golden - -- - - -, Y, -- p . � -- -- -- - - -il- .�- - - q- Y __. oin p., et g directly_ with, swim
Ho tans and Miiuietoica ..fre frequently cin
clubs who are already serving those conununities. See e.g.,.. Aquajets Siviin Tearn' Open House,
EdinaPatch (March 10 and April 16, 2011); St.LouisPa'rkPatcf! (April 16, , 2011);
GoldenValleyPatch (April 16, 2011); HopkinsPatch (April 16, 2011); MinnetonkaPatch (March
10, April'.5, and April 16, 2011). See Exhibit C attached hereto. As rioted by Aquajets assistant
coach Dan Trips, "Our facility is almost like a Field of Dreams for swimmers, ... You know,
build it and,they will come." Eden Prairie Sun Current (October 7, 2010). See Exhibit D attached
hereto. In this regard, it is worth noting that, as Aquajets now prepares for its suriu-ner long
course season at the Edina Aquatic Center, it will undoubtedly continue its practice of attempting
to recruit more Edina swimmers. See, e.g., Aquaiets Sivim Team Open House, EdinaPatch
(March 10 and April 16, 2011).
C. Recent Developments
The Edina Park Board Sports Taskforce.
In 2006 the Edina Park Board embarked on a Sports Taskforce process to provide some
structure and support for Edina's various youth athletic associations. Out of this process the
takforce generated a Youth Sports Core Values Community Strategy, from which evolved what
has become known as the "Relationship Document. ". The Relationship Document articulates a
set of common guidelines which were intended to be generally applicable to all of the youth
athletic associations. Among these guidelines is a centerpiece principle that ",the public is best
served when, there is only one independently incorporated youth athletic association per sport."
In the case of a youth athletic "swinin -ring" association, the Relationship Document expressly
identifies Edina Swim Club as.the City's official Edina•youth'athletic association.
2. Offer and Acceptance.
On the morning of August 25, 2011, then Assistant Edina Park and Recreation Director,
Ed MacHolda, discussed with Edina Swim Club Coach, Jeff Rodriguez, the swim club's Edina
Aquatic Center pool needs for its 2012 summer long course season. Coach Rodriquez informed
' The process of planning and running an average, full scale swim meet (which typically runs for
2 -3 clays) requires months of planning, and involves approximately 150 -200 separate volunteer
positions.
Edina City Council
Page 8
December 14, 2011
Mr. MacHolda that, due to the swim club's increased size, Edina Swim Club would need the full
morning time slot, starting at 6:00 am and continuing through 11:30 am, Monday through Friday.
Mr. MacHolda then offered Coach Rodriguez his team's requested time slot for the entirety of
the summer long course season (from June 4, 2012 through and including August 11, 2012), with
continuation thereafter of only the swim club's masters swim program (with more limited hours
from roughly 6:00 -7:15 am each day) through August 17. Following use of the Aquatic Center
by Edina Swim Club, the balance of the Aquatic Center time was intended by the City to be
dedicated for general public recreational use and general maintenance— subject to an evening
time slot that was apparently offered by the City to Aquajets Swim Club of Eden Prairie, but
rejected by Aquajets.
3. The November 7. 2011 Edina Park Board Meeting.
On November 7, 2011, the Edina Park Board considered a matter on its agenda
designated "Edina Aquatic Center Swim Team Use Policy." Following a public hearing, the
Park Board determined that it was unable to adopt a formal policy for the Aquatic Center at this
time, and instead voted to empower Park and Recreation staff to resolve pool time disputes
between Edina Swim Club and Aquajets. Prior to the Park Board vote, members of the Park
Board asked for clarification as to bow staff would resolve the matter. Mr. MacHolda replied
that lie would allocate the entire time allotment to Edina Swim Club as the recognized Edina
athletic swim association. When asked further, Mr. Keprios responded that, if empowered by the
Park Board, that would mean that he would implement the status quo, which lie described as
assigning for 2012 the pool time allotments that had originally been assigned in 2011. Shortly
after those two conflicting pronouncements, the Park Board voted to authorize Park and
Recreation staff to independently resolve the matter.
4. Aftermath of Park Board Meeting.
On the morning of Tuesday, November 8, 2011, and immediately following the
preceding evening's Park Board Meeting, counsel for Edina Swim Club contacted Park and
Recreation Assistant Director, Ed MacHolda to inquire regarding procedures for either City
Council review or formal appeal of the Park Board's decision. To this end, a voice message was
left for Mr. MacHolda earlier in the morning, with a follow -up email transmitted at 10:37 am
(copy attached) that morning. See Exhibit E attached hereto. By email response transmitted by
Mr. MacIlolda at 11:24 am that morning, see Exhibit F attached hereto, counsel was informed
that the matter would not be automatically considered .by the City Council, but recommended
that counsel contact the City Manager, Scott Neal, in the event Edina Swim Club wished to
appeal. By email transmitted at 12:11 pm that same day (copy attached), counsel contacted Mr.
Neal requesting clarification as to the process and timetable for a possible appeal. 'See Exhibit G
attached hereto.
On and after the morning of November 8, 2011, Edina Park and Recreation staff,
including Mr. MacHolda, had received actual notice of Edina Swim Club's possible interest in
appealing the Edina Park Board decision to the City Council. Notwithstanding that fact, without
notice to Edina Swim Club, and without any necessity to expedite issuance of a permit to
Edina City Council
Page 9
December 14, 2011
Aquajets for Edina Aquatic Center access (which would commence no sooner than seven months
later), Mr. MacHolda inexplicably physically expedited delivery of permits to Aquajets —with
Aquaiets apparently receiving the permits either that day or shortly thereafter —all while
discussions ensued over the possibility of an appeal. Equally promptly, counsel understands
from City.. staff that Aquajets 'expedited. payment on the permits —with payments having been
received by the City from Aquajets with equivalent urgency, even though payment was not then
due until .Tune 1, 2012. As a consequence of these troubling actions, it is believed that the City
Attorney reached the decision that the permits were valid and binding on the City.. In short,
actions, taken by City staff to expedite the issuance of permits during the pendency of discussions
over appeal procedures liad the wideniable effect of `precluding Edina Swim Club from any
i
possibility of securing relief of the merits of the parties' dispute until calendar_year 20-13. _
D. Discussion
What precisely was decided. at the November 7, 2011 Park Board meeting remains
shrouded in uncertainty. Conceivably, in its vote, the Park Board simply authorized staff to
unilaterally solve the problem without consultation or guidance from the Park Board.
Conversely, it is also possible that the Park Board tools into account the conunentary by both Mr.
Nlacl -lolda and Mr. Keprios as a guide to their decision to empower staff. If so, however, the
inconsistent positions adopted by Messrs. MacHolda and Keprios only add more confiision to
what the Park Board may have understood .or .intended. Moreover, if the outcome of the Park
Board vote and consequential . Park and Recreation staff decision - making and related actions
results in an allocation of pool time to the detriment of Edina Swim Club, that result would be
wholly inconsistent with the principle underlying the Sports Taskforce Relationship Document
guidelines. For all of the reasons set forth below, the City Council should vacate or overrule the
recent Park Board decision, and instead award Edina Aquatic Center pool priority access to
Edina Swim Club for the Summer of 2013, and for all nonpublic pool times thereafter.
As Aquajets Swim Club argued to the Park.Board, it will undoubtedly also argue to the
City Council that Edina Swim Club has failed to meet the Edina Sports Taskforce's own
.definition.for an Edina youth athletic association, and.therefore should not.be entitled to priority
status. In this regard, Appendix 1.2 to the Relationship Document establishes eight -re quireiiieiits'
which an organization must meet in order to be identified as ail Edina-youth- atfile..ti'c association.
Of these requirements Edina. Swim Club is in full compliance with seven of the requirements.,
The only requirement at issue is a 90 % residency requirement — which Edina :Swim Club
concedes it would not meet.: Instead, according to Edina Swiih Club's records, its residency
count would place it at rouglily 75% Edina residents. Based on this, Aquajets -one of two
recognized Eden Prairie athletic swim associations with an admitted Edna residency count of
only 25% —will argue that it should supplant Edina Swim Club as the Edina youth athletic swim
association of record, or at the very least that the two clubs should have equal priority
(notwithstanding the fact that Edina Swim Club's Edina resident count would effectively triple
that of Aquajets).
While Edina Swim Club has conceded that it falls short of the residency threshold
established under the Relationship Document, it argues: (a) that it is in full compliance with the
Edina City Council
Page 10
December 14, 2011
spirit of the Relationship Docuument, (b) that Edina Swim Club's residency percentage vastly
exceeds that of Aquajets, and (c) that the percentage requirement should be changed to more
accurately reflect reality —both now and in the future.6
1. Edina Sivim Club is in fill compliance with the spirit of the Relationship
Document.
At the November 7, 2011 Park Board meeting, Mr. Keprios explained to the Park Board
that the general 90 % residency threshold had been adopted by Park and Recreation staff out of
the belief that applicable. Edina youth athletic associations were incompliance with that rate. At
that time, however, the Edina Swim Club was subject to.theRelationslip..Documeirt only in.a
vacuum and without any actual facility to which it needed to apply. In the absence of
competing demands for the Edina Aquatic Center, there simply was no prioritization conflict to
resolve. As such, staff had understandably previously deemed it uiulecessary to craft a policy for
a problem that did not then exist.
In fact, it was only when Park and Recreation staff had become aware of possible
conflicts over access to the Aquatic Center that staff crafted and introduced its policy —which
then included a 75% residency test for Edina Swim Club. As indicated by Mr. Keprios during
the Park Board Meeting, staff was supporting the 75% threshold because they understood that
Edina Swim Club's current residency makeup conformed to that policy. In short, staff did not
want to adopt a threshold that was inconsistent with reality, as, it would simply set Edina Swim
Club up for failure. While the Park Board's decision to forego implementation of a policy at that
time has resulted in the continuation of an interim policy vacuum, Edina Swim Club: nonetheless
conforms with the terms proposed by Park and Recreation staff, as well as with the spirit behind
both the 90% and 75% policies —i.e., to adopt a reasonable residency policy that is within reach
of the athletic associations. As such, the City Council should recogiuze that Edina Swim Club is
in frill compliance with the spirit of the Relationship Document, and with the actual 75%
residency proposal by Park and Recreation staff, and award priority usage of the Edina Aquatic
Center to Edina Swim Club for 2012 and thereafter.
2. Edina Sivini Club's residencv »ercentaae.vast1v exceeds that ofAauaiets.
13ased solely on an analysis of each swim club's residency percentage =the principal tool
developed by Edina Park and Recreation for determining priority access to. the City's athletic
fields and facilities —Edina Swim Club unequivocally prevails. _.Accepting both club's stated
residency percentages, Edina's residency percentage stands at 75 %, and Aquajets' percentage
stands at 25 %. Given that both clubs have roughly equal membership numbers, Edina Swim
Club's actual Edina residency count (as opposed to a percentage residency count) is similarly
6 [t should be noted that virtually no information was requested from, or furnished by, Aquajets
during [lie Park Board Meeting that would lend any clue to the level of Aquajets' possible
compliance with the Relationship Document beyond its very limited Edina residency makeup.
Edina City Council
Page 11
December 14, 2011
greater than Aquajets' residency count. As such, Edina Club should be awarded priority
status.
3. f f necessary, the percentage requirement should be, changed to More accurately
reflect realit�� both no��� and in Size future.
Not all youth athletic activities.`are equal. Just as each athletic activity recognized under
the Relationship Document - varies. draniatically,..so too should the. Relationship Document be
customized to reflect that reality. To the extent that Park and Recreation staff or the City
Council believes that strict, compliance with the terms of the Relationship Document is
- important, then, a -fair- outcome_ for members .of - Edina_Swim Club. would -be--to _ first bring the,
document into. conformity with reality —and with the 75% residency test proposed by Park and
Recreation staff. The alternative (i.e., enforcement of a 906/o resideneyy threshold) would only
impose a harsh and unnecessary penalty by forcing nonresident membersl-iip terminations simply
to meet an arbitrary and wholly unnecessary percentile requirement —all of which could
measurably reduce the size and competitiveness of the Edina Swim Club. More importantly,
however, whatever new threshold might be established should include provision for reasonable
flexibility to address changing circumstances. Whatever percentage, if any, might be
established, it stands to reason that it may not always suffice —and that modification of the
Relationship Document to capture acceptable changes should be an important option. For
example, if an organization's historical residency level has been at 75 %, what position would the
City intend to take should that percentage slip to 70 %? In. lieu, of adopting enforcement action
for every occurrence of noncompliance, the,, City may wish to consider adopting a lower
threshold to accommodate in advance the probability of fluctuation, or alternatively to provide a
grace period during with the association would have an opportunity to rectify slippage.
E. An Alternate Solution
1. ,4s an alternative to a vercentaze residency test Edina Swim Club suggests 'a different
7nechaniJ777 that more effectively achieves.the.original goal of the Sports Taskforce.
As a practical matter, Edina Swim Club suggests that a percentage residency threshold
may not be the most appropriate or effective means. of ensuring an unlimited.. opportunity for
Edina resident participation. While Ed nd Swiin Club generally supports adoption of a 75%
residency tlu-eshold (or some variation'thereof, as discussed above), it offers for consideration a
solution that may better fit the needs and objectives of both the City and Edina Swim Club.
According to Edina Park and Recreation staff, Aquajets has expressed a fallback plan to
segregate all of its Edina resident swimmers into an "Edina only" satellite club in an effort to
achieve 100% residency status, and thereby engineer priority'access to the Edina Aquatic Center,
notwithstanding Aquajets' lower resident numbers. For this reason, as will be discussed later, a
percentage -based policy can be manipulated to produce unfair and unintended results.
Edina City Council
Page 12
December 14, 2011
(a) The Proposal:
.(1) Grant all Edina resident applicants preferential placement status with
Edina Swim Club, subject•to normal eligibility requirements to ensure that
the child applicant can safely participate;
(2) If at any time Edina Swim- Club reaches capacity such that it is unable to
place an eligible Edina resident swimmer in its program, the applicant
swimmer would be placed on a waiting list and ah.automatic nioratoriurii
on new swim recruits would be in effect until such time as the'swim club
- had- a new opening —with eligible -Edina resident -- swimmers - benig.. - - - --
preferred over nonresident swimmers.,
(b) The Rationale:
(1) A swimming program can accommodate substantially more participants
than most other athletic activities, malting a numerical or percentage
restriction unnecessarily limiting, and detrimental to both Edina residents
and nonresidents alike. For example, while only ten players can be on the
basketball court and only 22 soccer players can be on the soccer field at
one time, an average 25 yard pool Can accommodate 60 -80 swinuners in a
normal practice, and hundreds of swimmers in a typical swim meet. In
short, the number of athletes able to participate i.n swim practices and
actual competition are comparatively unlimited, thus providing greater
flexibility in accommodating new. swinuners. The size of both Edina
Swim Club and Aquajets Swim Club are evidence of this.
(2) Unlike other programs where team size can inhibit the recreational
experience, the overall swimming experience is enhanced for all
swinuners when a team achieves a larger size. Though understandably
counterintuitive when considered in the context of many other sports
(where mote players generally translates into more time on the bench), in
the case of swimming, just the opposite is true for the following reasons:
(i), Since training and competition generally occurs within age groups,
a larger team usually means that more comparably aged' swimmers
can train and compete together. This makes the overall experience
substantially more productive and enjoyable for the swimmers;
(ii) Relay participation —one of the more exciting event categories for
most swinuners —is heavily dependent on fielding a larger team of
s The underlying intent behind this ".moratorium" proposal is in part to avoid disruption.
associated with removing an existing team member when, in the case of a year round program.
with 300 or more swimmers and with constant fluctuation in size, a brief waiting period would
normally allow for natural vacancies to occur.
Edina City Council
Page 13
December 14, 2011
swimmers. A team with only three swimmers in a particular age
group, for example, would be ineligible to field a relay for that age
group. Conversely, a- larger team is able to field numerous relays
in multiple age groups;
(iii) General socialization is ei-ilianced. Swim meets last a long time
(several hours each day). A larger team provides swimmers with
more comparably aged teanuriates, making the entire experience
substantially inore interactive and enjoyable;
(iv) - Most - swim -meets are scored based on both,_individuaLand group
.performance. As such, a larger swim team invariably,carries more
"competitive weight" to the event, malting the experience
significantly more exciting for the swimmers of both teams;9
(v) Larger swim teams also equate to a larger group of swim
families— making it more feasible (and less burdensome to both .
the club and families) to recruit the legion of volunteers that are
necessary to run - -a .complex swim, meet. (While this may be
unimportant to Aquajets due to the fact that it doesn't host meets, it
is very important to Edina Swim Club and virtually all other swim
clubs in the State of Minnesota that work to make swim meets
possible); and
(vi) Importantly, a larger team enhances cash flow for the organization,
making it possible to provide more competitive rates for families,
to fund pool rental costs, to hire experienced coaching staff, to
make team trips more financially feasible, and /or to provide
assistance for highly competitive swimmers who may be eligible
for regional, national or other high level competition.
As to all of the above reasons, none are dependent on achieving a specific
percentage of Edina resident swinuners. Conversely; all ,are enhanced simply by
virtue of being associated with a larger swim club organization. So long as every
Edina resident has an equal opportunity to participate, why would the City want to
impose arbitrary membership restrictions that operate to limit the positive aspects
of a swimmer's experience?
9 Consider, for example, last year's 2011 Minnesota Long Course State Championship meet -
wl.iich featured 45 separate swim clubs, 183 separate events; numerous heats for each such event,
and countless swimmers — culminating in Aquajets Swim Club edging out Edina Swim Club for
first place by scores of 4,629.50 points to 4,614 points, a difference roughly equivalent to a tie. If
either team was smaller, it likely would not have achieved this outcome, and the swimmers for
each team and within their individual age groups would have been denied an exciting
opportunity to excel at the highest levels.
Edina City Council
Page 14
December 14, 2011
2. A percentage requirement creates an open door policy for every outside youth athletic
association seeking access to Edina fields and facilities, including the Edina Aquatic
Center.
As clearly demonstrated by the very dispute between Edina Swim Club and Aquajets
Swim Club, a percentage requirement creates an open door for any organization in want of Edina
recreational fields and facilities. While Aquajets will undoubtedly deny this assertion, its entire
argument has been rooted in this fact. Aquajets' only articulated position in this dispute has been
to identify a failure by Edina Swim Club to meet a specific percentage requirement that Park and
Recreation staff weren't even proposing, and then to rally in support of the adoption of that
requirement in an effort to somehow secure access for itself (even when its level of compliance
is substantially worse). Aquajets doesn't contend that it meets that requirement. Rather it has
conceded that it falls far short of Edina Swim Club's performance level —and yet still argues that
its 25% compliance justifies at least equal access to the Aquatic Center. Conceivably, Aquajets
maintains an, as yet, unstated position that it should at least have 25% access —i.e., proportionate
to its claimed Edina residency number. Regardless of which argument Aquajets offers, however,
a singular truth avails itself —which is that Aquajets believes that any percentage residency level
grants it a greater opportunity for a foothold within the Aquatic Center. In short, by recruiting
Edina residents to join an outside association, that association then preserves a.later argument to
the effect that its Edina membership allows it access commensurate _ with other Edina
associations. If that is true, the floodgates open for every Edina youth athletic field or facility.
Unless the City firmly closes the door on this argument, it may soon have other
"nonresident" associations (whether for swinuning, football, basketball, soccer, baseball or any
other athletic activity) seeking access. Aquajets' posture will quickly become City policy —and
the sports taskforce principle of "a single youth athletic association for each sport" may become
history, if it hasn't already.
F. The Enterprise Facility Issue
In the background on this issue there is a hovering —and as yet unstated —issue regarding
the Edina Aquatic Center's status as an enterprise facility. While this is an important issue
worthy of discussion, it should be irrelevant to the very narrow "priority" issue raised in the
dispute between Edina Swim Club and Aquajets Swim Club. The enterprise facility issue should
concern only the City's expressed need for a market rate cost recovery in connection with the
fees charged. for access to its enterprise facilities. While, as a recognized Edina youth athletic
association, Edina Swim Club would undoubtedly appreciate rate discounts equivalent to
discounted rates otherwise charged for non- enterprise facilities, Edina Swim Club has always
paid the City's market rate, and has expressed a willingness to continue to incur market rate
costs for the Edina Aquatic Center.
G. The Trust Factor
While Edina Swim Club recognizes and supports the necessity for City oversight with
respect to utilization of municipal assets, the extent to which the swim club has been required to
Edina City Council
Page 15
December 14, 2011
"prove up" its credentials and ongoing service to the Edina community —in the face of
encroaclvnent by a nonresident organization —is troubling. In the fifty plus years that Edina
Swim Club leas served the Edina community, countless thousands of Edina children and their
parents have been .inembers (both as youth and masters swimmers), served on boards,
volunteered, or" simply cheered- their children while sitting in, cramped bleachers. Edina Swim
Club has no luxu iou,s $4.1 Million swim complex. Instead, it cobbles together an array of pools
across the metro area (none of which encroach on the domain of other swim clubs). Its parents
carpool or-,otherwise transport their children up to several miles each day so that their children
can train and socialite' with their friends and neighbors. The relative few that join from other
conmuinities,geilerally-have no local swim club. While some do leave another club teain.to joiii
Edina Sw.i ii -Club, they-do ,so of their.own volition and..a.re. not recruited by. Edina Swim Club If _ -.
the Park:Board or City Council vivant °inore from, its resident youth athletic associations, Edina
Swim Club will endeavor to provide it to the extent reasonably possible. Edina Swine Club
respectfully requests, however, that the City Council, Park Board, and general community afford
it some reasonable trust. After over 50 years, Edina Swim Club has earned that.
For all of the above - stated reasons, Edina Swim Club respectfully requests that the City
Council grant Edina Swim Club first priority access to the Edina Aquatic Center for all available
nonpublic pool times from and after August 11, 2012.
Respectful
Jeff y Carpenter
Counsel for the Appellant
JDC:_i j .43.5647boc
-.cc: Michael C. Glover, Esq.
FOR IMMEDIATE RELEASE
EXHIBIT A
Contacts: Georgia Eck Beck @ayuaiets.
6545 Flying Cloud Drive
Eden Prairie, MN 55344
.952-351-9928,
Aquajets Swim Team Acquired by Newjets, Inc.
cont
Newjets- set -to inue offer' a USA ea
Swim Team for'families in the southwest metro.
-- - _
Eden Prairie, MN -- Newjets, Inc. (Newjets), a. Minnesota non -profit corporation announces
that.it has acquired the Aquajets Swim Team (Aquajets) from an affiliate of the Foss Swim
School organization. Newjets is a .member -owned organization, governed by an elected board of
directors. The Team will continue to be called the Aquajets Swim Team and will be a member
of Minnesota Swimming and USA Swimming. "Jon and Susan Foss have provided the Aquajets
with a great foundation, both financially and structurally, and we will continue to provide a high
quality competitive swim program," stated Steve Foster, a Newjets director. The Aquajets serve
over 330 active swimmers, primarily from the southwest metro area, with practice locations in
Eden Prairie, Plymouth and Chanhassen. The Team's main practice location is the Aquajets
Aquatic Center (AAC), a "state of the art" swimming facility in Eden Prairie located at 6545
Flying Cloud Drive. The AAC was completed in August 2006 and includes a team lounge, team
offices, locker rooms and 2 competition swimming pools - an 8 -lane pool with starting blocks
and timing systems and a 5 -lane warm water pool for younger swimmers. "We are very
fortunate to have a dedicated pool and practice facility like the AAC," said head coach Kate
Lundsten, a 19 year veteran coach of Minnesota swimmers, "It allows us to really offer a special
type of competitive swim program that meets the needs of every family and do it on our own
terms." The Aquajets are oneof the few member teams of Minnesota Swimming that;have their
own swimming facility. In addition, the Aquajets work directly with The Edge Sports Training
Centers (www.edgesportstraining.com) located within the AAC to,offer flexibility and `conditioning
training.programs to support the overall he of each swimmer. `.`The Aquajets
recognized that it is very important to incorporate core flexibility training and conditioning into
their, regular practice regimen, ". said Edge Manager Brian W'iersma, "the repetitive nature of
competitive swimming requires a balanced approach to training, to achieve optimal results and
reduce injuries." The Edge operates'a 10,000 square foot'training_center within the AAC.
For more information on the Aquajets Swim Team, please'contact Georgia Eck, Team
Administrator at (952) 351 -9928 or email her at geck@anuajets.com. The Team's website is
located at www.Aquajets.com
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linnesota Business Name
Jewjets, Inc.
Business Type
Nonprofit Corporation (Domestic)
File Number
2114889 -2
Filing Date
11129/2006
Renewal Due Date:
12131/2012
Registered Agent(s)
(Optional) None provided
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MN Statute
317A
Home Jurisdiction
Minnesota
Status
Active / In Good Standing
Registered Office Address
6545 Flying Cloud Dry #202
Eden Prairie MN 55344
USA
President
Steven Foster
6545 Flying Cloud Drive, #202
Eden Prairie MN 55347
USA
Filing History Renewal History '
' I
i
i
Filing History
11/29/2006 Original Filing - Nonprofit Corporation (Domestic)
11/29/2006 Nonprofit Corporation (Domestic) Business Name
1/3/2008 Registered Office and /or Agent - Nonprofit Corporation (Domestic)
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Minnesota Business Name
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Business Type
Nonprofit Corporation (Domestic)
File Number
1041267 -3
Filing Date
9/1412004
Renewal Due Date:
12131/2012
Registered Agent(s)
(Optional) None provided
... _ . ....... ................
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.. ............ _. ......
... _ ...._........._......
MN Statute
317A
Home Jurisdiction
Minnesota
Status
Active / In Good Standing
Registered Office Address
6545 Flying Cloud Dry #200
Eden Prairie MN 55344
USA
President
Jon Foss
6545 Flying Cloud Drive
Eden Prairie MN 55344
USA
Filing History
9/14/2004 Original Filing - Nonprofit Corporation (Domestic)
9/14/2004 Nonprofit Corporation (Domestic) Business Name
_—..___..._....____._.........._.__...___......___ ........ __.____.--- .--- ....__,.._..._..
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status= Active& itemType = Nonproft %20Corporation %20(Domestic))
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Page 1 of I
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..... ....... . ... .... ........
Business Type
MN Statute
Assumed Name
.333
File Number
Home Jurisdiction
1061165-5
Minnesota
Filing Pate
Status
1011/2604
Active I In Good Standing
Renewal Due Date:
Registered Agent(s)
10i01/2014
(Optional) None provided
Principal Place of Business Address
6545 Flying Cloud Dry #202
Eden Prairie MN 55344
.USA
Nameholder Nameholder Address
Newjets Inc 6645 Flying Cloud Dry #202, Eden Prairie, M .. N 55344
....... . ......... I . ......... .... . . . ......... .. .. ........ . .. ........ . ... . . ... ......... ...... . . .......... ------ I .......................... .......... . .... --- . .. ........ ..... ............. . .. .... ... .. . . ... ... .........
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........ ....... . .. ........ .....
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2/21/2007
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Minnesota Business Name
Foss Club Management, Inc.
Business Type
Business Corporation (Domestic)
File Number
9U -85
Filing Date
8/18/1997
Renewal Due Date:
12131/2012
Number of Shares
100
Principal Executive Office Address
6545 Flying Cloud Dry #101
Eden Prairie MN 55344 3307
USA
Filing History Renewal History
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MN Statute
302A
Home Jurisdiction
Minnesota
Status
Active / In Good Standing
Registered Office Address
6545 Flying Cloud Dry #101
Eden Prairie MN 55344
USA
Registered Agent(s)
Jonathan G Foss
Chief Executive Officer
Jonathan G Foss
6545 Flying Cloud Dry #101
Eden Prairie MN 55344 3307
USA
Filing History
8/18/1997
Business Corporation (Domestic) Business Name
8/18/1997
Original Filing - Business Corporation (Domestic)
6/27/2002
Registered Office and /or Agent - Business Corporation (Domestic)
11/30/2005
Business Corporation (Domestic) Business Name
12/26/2007
Registered Office and /or Agent - Business Corporation (Domestic)
10/24/2011
Registered Office and /or Agent - Business Corporation (Domestic)
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Minnesota Business Name
Foss Management, LLC
Business Type
MN Statute
Limited Liability Company (Domestic)
3228
File Number
Home Jurisdiction
1602945 -4 .
Minnesota
Filing Date
Status
11130/2005
Active / In Good Standing
Renewal Due Date:
Registered Office Address
1213112012
6545 Flying Cloud Drive, Suite 200
Eden Prairie MN 55344
USA
Registered Agent(s)
Manager
Jon Foss
Jon Foss
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344
USA
Principal Executive Office Address
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344
USA
Filing History ` Renewal History
Filing History
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Minnesota Business Name
Foss- Performance Management.Systems,-LLC -
Business Type
Limited. Liability Company (Domestic)
File Number.
1602945 -3
Filing Date
11/30/2005
Renewal Due Date:
12/31/2012
Registered Agent(s)
Jon Foss
Principal Executive Office Address
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344 3307
USA
MN Statute
3228
Home Jurisdiction
Minnesota
Status
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Registered Office Address
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Eden Prairie MN 55344
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Jon Foss
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344 3307
USA
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Minnesota Business Name
Foss Swim School, Inc.
Business Type
Business Corporation (Domestic)
File Number
7R -121
Filing Date
1112/1993
Renewal Due Date:
12131/2012
Number of Shares
2,100,000
Principal Executive Office Address
6545 Flying Cloud Drive, Suite 101
Eden Prairie MN 55344
USA
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USA
Registered Agent(s)
Jonathan G Foss
Chief Executive Officer
Jonathan G Foss
6545 Flying Cloud Drive, Suite 101
Eden Prairie MN 55344 3307
USA
1/12/1993
Original Filing - Business Corporation (Domestic)
1/12/1993
Business Corporation (Domestic) Business Name
7/12/1996
Business Corporation (Domestic) Business Name
6/27/2002
Registered Office and /or Agent - Business Corporation (Domestic)
9/20/2007
Registered Office and /or Agent - Business Corporation (Domestic)
1/26/2009
Business Corporation (Domestic) Restated Articles
1/26/2009
Registered Office and /or Agent - Business Corporation (Domestic)
1/26/2009
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3/2/2009
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File Number .
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Jonathan G Foss
MN Statute
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Delaware
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Registered Office Address
6545 Flying Cloud Dry
Eden Prairie MN 55344
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Dover DE 19904
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File Number
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Filing Date
9128/1999
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Registered Office Address
6545 Flying Cloud Drive, Suite 200
Eden Prairie MN 55344
USA
Manager
Jonathan Foss
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344 3307
USA
Filing History ,
Renewal History
Filing History
9/28/1999
Original Filing - Limited Liability Company (Domestic)
9/28/1999
Limited Liability Company (Domestic) Business Name
6/27/2002
Registered Office and /or Agent - Limited Liability Company (Domestic)
12/26/2007
Registered Office and /or Agent - Limited Liability Company (Domestic)
File Amendment or Renewal ( / Business /Amendments /13287 -LLC?
status = Active& itemType = Limited %20Liability'O2OCompany%20 (Domestic))
Home (/) Search ( /Business /Search)
Search » Business Filings
Business Record Details
Filings ( /Business /Filings)
Minnesota Business Name
Warm Water Pools of Maple Grove, Inc.
Business Type
Business Corporation (Domestic)
File Number
12F -735
Filing Date
6/25/2002
Renewal Due Date:
12/31/2012
Number of Shares
1,000,000
Chief Executive Officer
Jon Foss
6545 Flying Cloud Drive, Ste.101
Eden Prairie MN 55344 3307
USA
Filing History Renewal History
Filing History
6/25/2002
6/25/2002
12/26/2007
Back to Search Results
MN Statute
302A
Home Jurisdiction
Minnesota
Status
Active / In Good Standing
Registered Office Address
6545 Flying Cloud Drive, Suite 200
Eden Prairie MN 55344
USA
Registered Agent(s)
Jon Foss
Principal Executive Office Address
6545 Flying Cloud Drive, Ste.101
Eden Prairie MN 55344 3307
USA
Original Filing - Business Corporation (Domestic)
Business Corporation (Domestic) Business Name
Registered Office and /or Agent - Business Corporation (Domestic)
File Amendment or Renewal ( /Business /Amendments /12F -735?
status = Active& itemType = Bus iness %20Corpo ratio n%20(Domestic))
Home (/) Search ( /Business /Search)
Search » Business Filings
Business Record Details
Filings (/Business/ Filings)
Minnesota Business Name
Warm Water Pools of Eden Prairie, LLC
Business Type
Limited Liability Company (Domestic)
File Number
1570558 -2
Filing Date
11/3/2005
Renewal Due Date:
12131/2012
Registered Agent(s)
Jonathan G. Foss
Principal Executive Office Address
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344 3307
USA
Filing History Renewal History
Filing History
11/3/2005
11/3/2005
12/26/2007
« Back to Search Results
MN Statute
3228
Home Jurisdiction
Minnesota
Status
Active / In Good Standing
Registered Office Address
6545 Flying Cloud Drive, Suite 200
Eden Prairie MN 55344
USA
Manager
Jon Foss
6545 Flying Cloud Drive, Ste.200
Eden Prairie MN 55344 3307
USA
Original Filing - Limited Liability Company (Domestic)
Limited Liability Company (Domestic) Business Name
Registered Office and /or Agent - Limited Liability Company (Domestic)
File Amendment or Renewal ( /Business /Amendments /1570558 -2?
status = Active& itemType = Lim ited %20LiabiIity%20Company%20 (Domestic))
Hennepin Coun
suacll rcas
HOUSE or BUILDING 9:
6545
STREET NAME:
(at least first 3
characters)
Flying Cloud Drive
UNIT # (if applicable)
_-arch j' Clear
' 20 k4r records per page
ty, Minnesota
�i
EXHIBIT B
Home
Property Information Search Result
The Hennepin County Property Tax web database is updated
daily (Monday - Friday) at approximately 9:15 p.m. (CST)
Parcel Data for Taxes Payable 2011
. :.
pIa1I°,' �� .Ili
Print �- -�'- -� a
Property ID: 01- 116 -22 -13 -0036
Address: 6545 FLYING CLOUD DR
Municipality: EDEN PRAIRIE
School Dist: 272 Construction year: 1974
h d 1 Approx. Parcel Size: IRREGULAR
Waters e .
Sewer Dist:
WARM WATER POOL EDEN PRAIRIE
Owner Name:
WARM WATER POOLS OF
Taxpayer Name
EDEN PRAIRIE LLC
& Address:
6545 FLYING CLOUD DR
EDEN PRAIRIE MN 55344
Sale Information
Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent
arms - length transactions.
Sale Date: November, 2005
Sale Price: $2,300,000
Transaction Type:
Tax Parcel Description
Addition Name: AQUA ADDN
Lot: 001
Block: 001
Metes & Bounds:
Abstract or Torrens: ABSTRACT
Value and Tax Summary for Taxes Payable 201f
Values Established by Assessor as of January 2, 2010
Estimated Market Value: $4,165,000
Taxable Market Value: $4,165,000
Total Improvement Amount:
Total Net Tax:
Total Special Assessments:
Solid Waste Fee:
Total Tax:
Land Market
a ... IA;: U-1—*
$148,451.47
$4,871.25
$153,322.72
Property Information Detail for Taxes Payable 2011
Values Established by Assessor as of January 2, 2010
Values:
$1,255,000
t-) oin [inn
Machinery Market
Total Market:
Qualifying Improvements
Veterans Exclusion
Classifications:
Property Type
Homestead Status
Relative Homestead
Agricultural
Exempt Status
$4,165,000
COMMERCIAL PREFERRED
NON - HOMESTEAD
Hennepin County is providing this information as a public service.
Tax related questions: taxinfo @co.hennepin.mn.us
Need help locating a property on our site? Check out our Search Tips
Copyright @ 2009 - 2011 Hennepin County, Minnesota Contact I Privaty /Security I Accessibility
Hennepin County Property Map - Tax Year: 2011
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a
used land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Infomnatlon on this page should be used for
ace purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this
,rmation or its derivatives. _
X ° ° =84 �a Lo �
61' a� 10250
656.6 61 193. rp �� 2 - ... �p 0VL
6576 � (11) ?5.12 � - �' t,1•� _
53.04: . 6534G
32 N �4 R.
6550
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6533 (12)
737.42 S88 °1'51 "E
358.82 378.6
Selected Parcel Data
Parcel ID- 01-116-22-13-0036
Owner Name: WARM WATER POOL EDEN PRAIRIE
Parcel Address: 6545 FLYING CLOUD DR, EDEN PRAIRIE, MN 55344
Property Type: COMMERCIAL -PREF
Homestead: NON - HOMESTEAD
Area (sgft): 217215
Area (acres): 4.99
A -T -B: ABSTRACT
Market Total: $4,165,000.00
Tax Total: $153,322.72
Date Printed: 12/10/20119:10:58 AM
Current Parcel Date: 12/3/2011
Sale Price: $2,300,000.00.
Sale Date: 11/2005
Sale Code:
Aquajets Splash Night I Edina Sports & Recreation, Organizations, and Family Events on ... Page 1 of 3
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Come spend 30 minutes to learn about the Aquajets Swim Teaml Meet the Staff and discover what level is
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appropriate for your child's enjoyable experience as a swimmerl Try the team out for 2 weeks if you'd like... pay only if
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• There is no cost for this "splash" - just your time. Visit www.aquajets.com and dick on "Splash Registration" on the right -hand side
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Where 6545 Flying Cloud Dr, Eden Prairie,
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Saturday, April 161 11:30 am
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Ap�11 Come spend some time with us to learn about the Aquajets Swim Team Meet the Staff, discover what levels we
offer, and why our swim team could be an enjoyable experience for your child
There is no cost for this visit - just your time. Visit www.aquajets.com to seam a bit before you arrive if you'd like.
Comment
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Posted by: Dan Tripes
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
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Everyone, Kids, Teens,
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Aquajets Swim Team Open House
Saturday, April 16,11:30 am
16 6545 Flying Cloud Dr, Eden Prairie, MN, FREE
• Come spend some time with us to learn about the Aquajets Swim Teaml Meet the Staff, discover what levels we
RCprif" offer, and why our swim team could be an enjoyable experience for your child)
• There is no cost for this visit - just your time. Visit www.aquajets.00m to learn a bit before you arrive if you'd like.
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FMPosted by: Dan Tripps
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
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Email I
• Come spend some time with us to learn about the Aquajets Swim Teaml Meet the Staff, discover what levels we
Share
Aprif offer, and why our swim team could be an enjoyable experience for your childl
I Tweet
• There is no cost for this visit - just your time. Visit www.aquajets.com to team a bit before you arrive if you'd like.
.
Commen
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Posted by: Dan Tripps
F>`..; <•
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
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.,, „_. , _ _' Come spend some time with us to team about the Aquajets Swim Teaml Meet the Staff, discover what levels we
April offer, and why our swim team could be an enjoyable experience for your chiidl
• There is no cost for this visit -just your time. Visit www.aquajets.com to learn a bit before you arrive if you'd like.
Comment
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Posted by: Dan Triads
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
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• Come spend 30 minutes to learn about the Aquajets Swim Team[ Meet the Staff and discover what level is Share
March appropriate for your child's enjoyable experience as a swimmer) Try the team out for 2 weeks if you'd like... pay onlyl if Twee
you Joinl - `
• ash Registration" on the right -hand side
There is no cost for this "splash" -just your time. Visit www.aquajets.com and click on "Spl
of the home page.
Comment
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Posted by: Dan Trioos
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
Next on
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5:00 pm— 7:00 pm
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Tuesday. April 5, 4:00 pm i Expo
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• Come spend 30 minutes to learn about the Aquajets Swim Teaml Meet the Staff and discover what level is Share
April-' appropriate for your child's enjoyable experience as a swimmerl Try the team out for 2 weeks if you'd like... pay onlyl if Tweet
you join) : _ _ ....._. ..
• There is no cost for this "splash" - just your time. Visit www.aquajets.com and click on "Splash Registration" on the right -hand side
of the home page.
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Where 6545 Flying Cloud Dr, Eden Prairie,
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_ Come spend some time with us to learn about the Aquajets Swim Teaml Meet the Staff, discover what levels we
April __ offer, and why our swim team could be an enjoyable experience for your childi
• There is no cost for this visit - just your time. Visit www.aquajets.com to learn a bit before you arrive if you'd like
Com en
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Posted by: Dan Triops
Where
6545 Flying Cloud Dr, Eden
Prairie, MN 55344
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Price
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12/9/2011
Sports > As
Aquajets Swim Club rises with talented cast
By JOHN SHERMAN - Sun Newspapers
Published: Wednesday, November 24, 2010 9:13 PM CST
When the Aquajets Swim Club was formed in
2003, the roster had 30 athletes.
Now the Eden Prairie -based club is among the
largest in the Midwest with 297 swimmers, and
there's still room to grow, according to assistant
coach Dan Tripps, a former All -Big Ten
swimmer at the University of Minnesota.
The Aquajets have won three consecutive state
titles with a stable of swimmers that reads like a
local Who's Who. Twenty -two club members
have top -100 national rankings in their events.
EXHIBIT D
Print Page
Heather Arseth is one of the top performers for the
Aquajets Swim Club and also one of the mainstays on the
Wayzata High School team. (Photo by Brian Nelson -
Contributing Photographer)
"Rachel Bootsma of Eden Prairie is our highest - ranked swimmer," said Tripps. "She is 14th in the
world and third in the country in the 100 -meter backstroke. Rachel has a great feel for the water
and is very flexible."
In addition to swimming with the Aquajets, Bootsma swims for the Eden Prairie High School
team.
Aquajets head coach Kate Lundsten coached the Eden Prairie High girls team for 10 years and
won four state team titles. She now devotes full time to the Aquajets.
"Hopefully, the swimmers who come here will learn a lot and have fun," she said during a recent
practice session. "We have a lot of good swimmers, and they aspire to do great things."
The club's girls roster includes premier high school swimmers such as Rachel Bootsma and her
sister Katie from Eden Prairie, Emma Paulson and Heather Arseth from Wayzata, and Abby
Duncan from Champlin Park. -
Others, such as Armstrong's Emily Blasko, have chosen to give up high school swimming to
compete with the club year - round.
On the boys roster, some of the biggest names are Max Cartwright from Edina, Maverick Hovey
from Eden Prairie and two private school students, Van Donkersgoed of Minnehaha Academy
and Mitchell Foster from Breck School.
Cartwright, one of the mainstays for coach Art Downey's Edina High School team, said the
advantage of swimming with the Aquajets is the quality of his teammates.
"We have a group of swimmers that is fast and dedicated to the sport," he said.
Donkersgoed has been setting state records in the breaststroke events for several years. He had a
major breakthrough this summer when he earned fifth places in the 100 and 200 breaststroke at
Junior Nationals. He was also on a seventh -place 400 medley relay at Junior Nationals along with
Foster, Cartwright and Hovey.
"Our facility is almost like a Field of Dreams for swimmers," said Tripps. "You know, build it
and they will come."
The club serves swimmers ages 6 -20, and there are 13 lanes under one roof.
"The younger kids get a chance to see the older.kids every night, and they learn by watching
them," said Tripps. "We are close to brimming over, but we have a vision - oriented board of
directors that will find a way- to accommodate more swimmers."
"Tripps_ has been with Aquajets three years.
"I had worked with Kate [Lundsten],previously with the Foxjets Swim Club," he said. "I knew
her,.philosophy and wanted to work with her again."
Lundsten, Tripps and the other.Aquajets coaches like to work with swimmers at all ability. levels.
They are proud of the accomplishments of their older athletes at the state and national levels. And
there is a strong group of young swimmers as well.
The coaches have received positive feedback from many athletes and parents.
Arseth, a Wayzata High senior, was a high school All- American in four events last fall..
"The Aquajets coaches have a lot of experience,". she said. "And Kate [ Lundsten] is a go -to
person for me. I feel very comfortable with her. It is important for me to be close to my coach and
be able to communicate with her."
Arseth, who came to the Aquajets from a smaller club, said she likes the Aquajets' work ethic.
"There are a whole bunch of kids like me, and I can be with other swimmers at my level," she
said. This year I had my first opportunity to swim at Junior Nationals, and I was able to go there
'With some, of my teammates. We all have common goals - to get better individually and as a
team."
Arseth said she has learned from teammates such as Rachel Bootsma.
"Rachel is an inspiration ... a nice girl who is really talented," said Arseth. "She's our insurance at
the end of the relays."
Arseth said she will swim at a Division I university next season, but she is not sure where.
Lkersgoed, one of the nation's fastest boys swimmers, does not swim on a high school team.
of his training is done at the Aquajets facility.
"Swimming only for the club has worked out well for me," he said. "I really enjoy training with
my teammates here."
Tripps said that being around winners makes everyone in the club more successful.
Pagel of 1
Jeffrey D. Carpenter - Park Board Meeting Follow -up EXHIBIT E
From: Jeffrey D. Carpenter
To: Ed MacHolda
Date: 11/8/201110:37 AM
Subject: Park Board Meeting Follow -up
Ed; this is simply a follow -up to my voice message to you earlier this morning. When you are available, I'd like
to briefly discuss last night's park board meeting to better understand what was decided at that meeting, and
whether and when this 'Might, then move to the City Council for,action.
Please give me a call at my contact_ information below. I will be out of the office over the lunch hour, but can be
reached by cell phone. Thanks.
Jeffrey D..Carpenter
Attorney at'Law
Henson . Efron
Rzi 6 r - ES SIGNAL ASSOC [AT ION'
220 South Sixth Street, Suite 1800
Minneapolis, MN 55402 -4503
Office: 612- 252 -2862
Cell: 612- 7304420
Fax: 612- 339 -6364
icarpenter0aftensonefronxom
www.hensonefron.com
Click Here for My Big
Page 1 of 2
Jeffrey D. Carpenter - RE: Park Board Meeting Follow -up EXHIBIT F
From: . "Ed MacHolda" <EMacholda @ci.edina.mn.us>
To: "Jeffrey D. Carpenter" <jdc @hensonefron.com>
Date: 11/8/2011 11:24 A1VI
Subject: RE: Park Board Meeting Follow -up
Jeff,
I just spoke with John Keprios and he said it will not be going to the City Council, but if you'd like to appeal the
decision that was made last night call City Manager Scott Neal. Scott can then decide whether or not it needs
to go to City Council.
Ed
Ed MacHolda, Assistant Director
962-826-04311 Fax 952 -826 -0385
EMacholda @ci.edina.mn.us I www.EdinaParks.com
4 � ...For Living, Learning, Raising Families & Doing Business
We're a do.town .:. working to make the healthy choice the easy choicel
From: Jeffrey D Carpenter [mailto:jdc @hensonefron.com]
Sent: Tuesday, November 08, 201110:37 AM
To:; Ed MacHoldip
Subject: Park Board Meeting Follow -up
Ed, this is simply a follow -up to my voice message to you earlier'this morning. When.you are available, I'd like
to briefly discuss last night's park board meeting to .better understand what was decided at that meeting, and
whether and when this. might then move to the City Council for action.
Please give me a call at my contact information below. I will be out..of the officeoverthe lunch -hour, but can be
reached-by cell phone. Thanks.
Jeffrey D. Carpenter
Attorney at .Law
Henson Efron
Pi4FLSSIONAL A5SGCIA.ION%
220 South Sixth Street, Suite 1800
Minneapolis, MN 55402 -4503
Office: 612 - 252 -2862
Cell: 612 - 730 -1420
Fax: 612-339-6364
icarpenterCa�hensonefron.com_
www.hensonefron.com
Click -Here for My Bio
Page 2 of 2
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Page 1 of 2
EXHIBIT G
Jeffrey D. Carpenter - Edina Park Board Meeting
From: Jeffrey D. Carpenter
To: scott.neal@edinacitizenengagement.org
Date: 11/8/201112:11 PM
Subject: Edina Park Board Meeting
Attachments: RE: Park Board Meeting Follow -up
Scott, as you probably know, I am one of the commissioners on the Edina Planning Commission. The purpose of
this email is unrelated to that role, and instead concerns a matter decided at last night's park board meeting
(Monday, Nov. 7). That matter concerned the allocation of pool time at the Edina Aquatics center as between
two competing swim clubs -- the Edina Swim Club (an Edina athletic association) and the Aquajets Swim Club
(an Eden Prairie athletic association). In this regard, I should note that I am a former board member and
president of the Edina Swim Club. I was asked by the swim club to assist them in this matter. As you might
imagine, there isn't enough pool time to serve both organizations -- thus the conflict.
In the interim, I should note that the Park Board consideration of this agenda item proceeded directly to public
hearing without an opportunity for a thoughtful presentation of the issues. As a result, there was never an
opportunity to frame the discussion, including communication of any portion of the Edina Swim Club's actual
proposal.
The outcome of last night's Park Board meeting involved a decision by the Park Board to essentially authorize
Parks and Recreation staff to directly resolve the issue in lieu of trying to formulate a policy for this year on the
matter. Prior to the vote on the motion to authorize resolution by staff, board members sought direction from
staff as to how staff would effectuate that resolution. This resulted in conflicting statements by staff. In this
regard, Ed MacHolda explained to the board that he would resolve the issue by assigning the pool time to the
Edina Swim Club as the recognized Edina athletic association for swimming. This was followed by a statement
from John Keprios to the effect that it would be resolved by simply mirroring the pool allocations for the prior
year (i.e., this last summer) -- which means that pool time would be split between the two organizations, with
each receiving what they had before, but less than each wants. My general understanding is that John Keprios'
position may control, though there remains confusion.
The above recitation is my effort to provide you with an even - handed description of the proceedings -- though
the video replay will undoubtedly be more accurate.
My original understanding was that this matter was set for recommendation to the City Council for final action.
In an email exchange with Ed MacHolda this morning, I was informed that this would indeed go to council at
either the last council meeting of this month, or the first meeting of next month. This was subsequently followed
by another email from Ed which corrected his prior statement, now indicating that it would not move forward to
the Council unless the matter was appealed by one of the affected parties. The appeal process, as
communicated by Ed in his email to me (attached below), appears to require communication with you and
possibly a discretionary decision by you as whether an appeal should proceed.
At this time, I don't have authorization from Edina Swim Club to formally request an appeal. To that end, I have
a message out to the current Edina Swim Club president requesting instruction. In the meantime, I did want to
touch base with you on this so that perhaps we can discuss the process and required time table. Should the
swim club decide to pursue appeal, I want to be sure to give you sufficient time to consider the matter. Please
let me now when you may be available to discuss. Thanks.
Jeffrey. D. Carpenter
Attorney at Law
Henson :Efron
p q 0 ESSIONAL AS SO! CIA![ON'
220 South Sixth Street, Suite 1800
Minneapolis, MN 55402 -4503
Office: 612 -252 -2862
Cell: 612-730-1420 —
Fax: 612 - 339 -6364
icaroenter hensonefron.com
www.hensonefro'n.com
Click Here for My Bio
sent dy: KALINA WILLS LIAL; 763 503 7070; 14- Dec -11 15:47; Page 3/4
vyiL>L,S� Gi5VQI�D .r�►tt,
The.Edinkity .Couaoil
c/o Johneprios
201. . • � :De�ernlior 14, t'' , ... '.. . • . .: • . - ... .. ... �,
°Page
vo eintedvit 31 find .F.fiina Swi3ri Club .offceis itl coach s (es'respectful co�ip titors) '
P. ;
xo. share t}ia . cnter;anii. its: facilities. ` Acjuajets saw ne meson tl fit. it wrauld no# �waxlc••w�.th tlie: City:. . . .
aid tke F,it .wi Club agol;st ttie Center
. :SO �ilteiiiative dol aLid D, ttna s ii tha•Ci . Revalces the Permits ;
B ' tjse flies , issued'the i� rm€ts fit ets: lid'xioS. ike .. defb1itrve'. M iis.to :l pk fc�r
,. • . I Y`.
au3! aX ernarive.fsc i ties; ia:.a•�r te: $.6utnmer.:progkwiis -HgvY v0r, as. a r1BAction• to tote l-itj►•'S'.eariier .
;corisideratiQ.ti.(but later zeje t onj o a pool Use'g18ti; Aqudjets beW'to consider other'poo ?s
: its ".s I rpgi'art foi 2,01 -2, :Simp15', put, i s too #W to. secure otller'locil� poel•.spaw: for
:.Op P ,
t , , f 3thC 1oa1 2U W o2m f h d fi
WO quf�looc pools en 'f uiid th lions l � e'nny sl ay ii�bi'tilii95 available
i, i f r. dour$ eir surrimer:wdekda fu inn daed;
fair i.:team,ueeo tug t., b- P y: o... In it.
also fouiadtatll,af .
llese liovls space their f�cili'tie ' i-ith:two oFiriore�swam.team�: o flier pool l ust one.
teaM {siii ;its'faCtlrCie's:diming the summer. omc hi ve�thtiee:or fort sina)ler teams all`shaiirig the _
xlioixiiig'practce- liiries andpractice'lau�s;
If "a cs: lie sir colt' `ii�nniediatea;• asnd`coenr tionl�t A a ari9 ale to offer:teed:ao =_swmnngaicptacn the resultini�pc og
l yeaAhao riu e fo :severas
it fins no, S12b itex'O t, QOTI grgm, i expects that it>< iy svuiinincrs would: sicnpTy leave tale pro...
ertli$r;A Odi$`tel +;:or`at,;# a end of. ire, tton- sutxiit>er setisop;: gssibTy, farcver:.Tn,tlie'short tei ,
.'Agiiajets:roulci itediateljr Have to l�y� of£coacies`already..coltiitte to, coatng aveir flue.
• •Stitiiitie� ;�?Vlze loose coaches couldfind ;alternative posi #ioria is, atl?est; •unceitaa�i.: •
Txttlie- Yorig..t z�m, tl e•c1ub!.contiilu d pioSpetity.couIdbe in.dai� er. Many:of;Aquajets'
�svy►jm=fs .ci�ose its'pra ram 'because. athe�gl>;.gitali..y ontinuity o oac�►ing and laigh.qualiEy: _
faci$ties:betvveeri:the siiirimer'and. non= suzritmer,s sons '17ie liigb.gtWity. facility the.�enter offers;
and its, ooriventeiit lac,atioii, for Aqualetsy. iii6k` dims and uearby'resioent families, is simply.
irrepl 'aceable:at.tltis'hite.diit. Ciuting out th-e siimm -er..Qatdoor, 50 meter-compottent o1"its'prograrii .
i lIdamage;
ofle
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. VIII.B.
From:
John Wallin
Finance Director
®
F-1
Action
Discussion
Information
Date: December 20, 2011
Subject:
Resolution No. 2011 -128 Setting
Operating Budget
2012 Tax -Levy and
Adopting 2012
ACTION REQUESTED:
Adopt Resolution 2011 -128.
INFORMATION /BACKGROUND:
The attached resolution approves the budget and the levies for governmental and
enterprise budgets.
The 20 years of referendum levy were set in 1996 when the GO Park and Recreation
Bonds Series 1996B were issued and reset when those bonds were refunded by GO
Park and Recreation Bonds Series 2005A. For both issues all levies were set by law at
105% of the corresponding annual debt service payments. The debt service fund is
now sufficient to cover any foreseeable tax shortages and I would recommend
canceling the portion of the 2012 levy in excess of the annual debt service payment.
Future referendum levies remain at the 105% level and would require canceling a
portion of the levy on an annual basis depending on the amount needed to maintain a
sufficient debt service fund.
ATTACHMENT:
Resolution No. 2011 -128
RESOLUTION NO. 2011 -128
RESOLUTION ADOPTING THE BUDGET FOR
THE CITY OF EDINA FOR THE YEAR 2012, AND
ESTABLISHING TAX LEVY FOR YEAR 2012, PAYABLE IN 2012
City of Edina
THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS FOLLOWS:
Section 1: The Budgets for all Governmental Funds for the City of Edina for the calendar year 2012
is hereby adopted as after this set forth, and funds are hereby appropriated therefore:
2012 GOVERNMENTAL FUND BUDGETS
Braemar Debt
General HRA CDBG Police SR Memorial Service Construction
Fund Fund Fund Fund Fund Fund Fund Total
REVENUES AND OTHER
FINANCING SOURCES
Property tax levy $21,604,402 $ $ - $ $
Reductions (110,000)
Net tax reeenue 21,494,402 - -
Tax increments -
- 3,980,000 - - -
Special assessments -
-
Franchise fees 7
700,000 - -
Licenses and permits 2
2,501,600 - - - -
Intergoeemmental 7
760,000 - 145,365 104,760 -
Charges forsenices 3
3,096,264 - - - -
Fines and forfeitures 1
1,014,000 - 57,821 -
Irnestment income -
- 118,000 600 300
Other reNenue 5
516,800 - - -
Transfers 7
765,100 -
Debt issued -
- -
$ 3,651,752 $ 992,072 $26,248,226
- (110,000)
9 Ar.1 79'1 007 n7l 17A 14A 77A
- - 0,y0v,uuu
1,871,169 1,329,343 3,200,512
- - 700,000
- 25,000 2,526,600
- 50,000 1,060,125
- 50,000 3,146,264
- - 1,071,821
30,200 151,600 300,700
- - 516,800
1,978,445 250,000 2,993,545
- 3,131,700 3,131,700
- - 3,000
TOTAL REVENUES AND OTHER
FINANCING SOURCES $30,848,166 $ 4,098,000 $ 145,365 $ 163,181 $ 3,300 $ 7,531,566 $ 5,979,715 $48,769,293
EXPENDITURES AND OTHER
FINANCING USES - BY FUNCTION
General government $ 5,513,041 $ 865,600 $
Public works 6,490,886 200,000
Public safety 14,976,971 -
Parks & recreation 3,867,268
Debt service - -
Transfers - 1,978,445
145,365 $ - $ $ - $ 259,500 $ 6,783,506
- - - - 4,905,000 11,595,886
353,654 - - 1,041,809 16,372,434
- 25,000 - 997,500 4,889,768
- 7,844,476 - 7,844,476
- A9n nnn 9 RAA 445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
EXPENDITURES AND OTHER
FINANCING USES - BY TYPE
Personal services $21,542,917 $ 171,600 $ 10,702 $ - $
Contractual services 4,407,247 694,000 134,663 85,574
Commodities 1,629,442 - - 18,655
Central services 3,268,560 - -
Equipment - - -
Capital outlay - 200,000 249,425
Debt service - - -
Transfers - 1,978,445 -
- $ $ 88,544
25,000 - 210,064
- - 25,000
1,392
1,797,309
5,081,500
7,844,476 -
- 690,000
$21.813,763
5,556,548
1,673,097
3,269,952
1,797,309
5,530,925
7,844,476
2,668,445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
CHANGE IN FUND BALANCE $ - $ 1,053,955 $ - $ (190,473) $ (21,700) $ (312,910) $ (1,914,094) $ (1,385,222)
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.CityofEdina.com
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
TOTAL REVENUES AND OTHER
FINANCING SOURCES $30,848,166 $ 4,098,000 $ 145,365 $ 163,181 $ 3,300 $ 7,531,566 $ 5,979,715 $48,769,293
EXPENDITURES AND OTHER
FINANCING USES - BY FUNCTION
General government $ 5,513,041 $ 865,600 $
Public works 6,490,886 200,000
Public safety 14,976,971 -
Parks & recreation 3,867,268
Debt service - -
Transfers - 1,978,445
145,365 $ - $ $ - $ 259,500 $ 6,783,506
- - - - 4,905,000 11,595,886
353,654 - - 1,041,809 16,372,434
- 25,000 - 997,500 4,889,768
- 7,844,476 - 7,844,476
- A9n nnn 9 RAA 445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
EXPENDITURES AND OTHER
FINANCING USES - BY TYPE
Personal services $21,542,917 $ 171,600 $ 10,702 $ - $
Contractual services 4,407,247 694,000 134,663 85,574
Commodities 1,629,442 - - 18,655
Central services 3,268,560 - -
Equipment - - -
Capital outlay - 200,000 249,425
Debt service - - -
Transfers - 1,978,445 -
- $ $ 88,544
25,000 - 210,064
- - 25,000
1,392
1,797,309
5,081,500
7,844,476 -
- 690,000
$21.813,763
5,556,548
1,673,097
3,269,952
1,797,309
5,530,925
7,844,476
2,668,445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
CHANGE IN FUND BALANCE $ - $ 1,053,955 $ - $ (190,473) $ (21,700) $ (312,910) $ (1,914,094) $ (1,385,222)
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.CityofEdina.com
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
145,365 $ - $ $ - $ 259,500 $ 6,783,506
- - - - 4,905,000 11,595,886
353,654 - - 1,041,809 16,372,434
- 25,000 - 997,500 4,889,768
- 7,844,476 - 7,844,476
- A9n nnn 9 RAA 445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
EXPENDITURES AND OTHER
FINANCING USES - BY TYPE
Personal services $21,542,917 $ 171,600 $ 10,702 $ - $
Contractual services 4,407,247 694,000 134,663 85,574
Commodities 1,629,442 - - 18,655
Central services 3,268,560 - -
Equipment - - -
Capital outlay - 200,000 249,425
Debt service - - -
Transfers - 1,978,445 -
- $ $ 88,544
25,000 - 210,064
- - 25,000
1,392
1,797,309
5,081,500
7,844,476 -
- 690,000
$21.813,763
5,556,548
1,673,097
3,269,952
1,797,309
5,530,925
7,844,476
2,668,445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
CHANGE IN FUND BALANCE $ - $ 1,053,955 $ - $ (190,473) $ (21,700) $ (312,910) $ (1,914,094) $ (1,385,222)
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.CityofEdina.com
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
- $ $ 88,544
25,000 - 210,064
- - 25,000
1,392
1,797,309
5,081,500
7,844,476 -
- 690,000
$21.813,763
5,556,548
1,673,097
3,269,952
1,797,309
5,530,925
7,844,476
2,668,445
TOTAL EXPENDITURES AND
OTHER FINANCING USES $30,848,166 $ 3,044,045 $ 145,365 $ 353,654 $ 25,000 $ 7,844,476 $ 7,893,809 $50,154,515
CHANGE IN FUND BALANCE $ - $ 1,053,955 $ - $ (190,473) $ (21,700) $ (312,910) $ (1,914,094) $ (1,385,222)
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.CityofEdina.com
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
Section 2: The Budgets for all Enterprise Funds for the City of Edina for the calendar year 2012 is
hereby adopted as after this set forth, and funds are hereby appropriated therefore:
2012 ENTERPRISE FUND BUDGETS
Aquatic Golf Art
Utilities Liquor Center Course Arena Center Edlnborough Centennial
Fund Fund Fund Fund Fund Fund Fund Fund Total
REVENUES AND
TRANSFERSIN
Operating revenues
$16,065,043
$13,328,045
$ 933,800
$ 3,650,700
$ 1,355,400
$ 470,000
$ 1,151,600
$ 736,000
$37,690,588
Intergovernmental
110,000
-
-
-
-
-
110,000
Investment Income
98,000
-
42,000
42,000
182,000
Other revenue
-
-
-
15,000
-
-
15,000
Transfers
100,000
405,000
165,000
220,000
205,000
1,095,000
TOTAL REVENUES AND
TRANSFERS IN
$16,273,043
$13,328,045
$ 933,800
$ 3,750,700
$ 1,760,400
$ 650,000
$ 1,413,600
$ 983,000
$39,092,588
EXPENSES AND TRANSFERS
OUT - BY FUNCTION
Utilities
$13,306,188
$ -
$
$ -
$ -
$
$ -
$ -
$13,306,188
Liquor
11,916,531
11,916,531
Aquatic center
-
777,486
-
777,486
Golf course
-
3,642,413
-
-
3,642,413
Community activity centers
-
-
-
-
1,829,580
674,226
1,552,334
941,198
4,997,338
Transfers
100,000
1,320,100
-
-
-
-
1,420,100
TOTAL EXPENSES AND
TRANSFERS OUT
$13,406,188
$13,236,631
$ 777,486
$ 3,642,413
$ 1,829,580
$ 674,226
$ 1,552,334
$ 941,198
$36,060,056
EXPENSES AND TRANSFERS
OUT - BY TYPE
COGS
$ -
$ 9,628,249
$ 38,000
$ 349,400
$ 1,500
$ 22,000
$ 99,000
$ 16,000
$10,154,149
Personal services
1,695,124
1,414,961
319,127
1,790,101
662,326
249,614
783,210
578,764
7,493,227
Contractual services
6,836,237
483,702
127,575
580,650
552,600
284,500
331,500
138,650
9,335,414
Commodities
1,038,650
64,356
84,850
368,100
87,750
55,500
182,200
101,400
1,982,806
Central services
619,452
212,664
18,984
140,112
42,084
39,612
56,424
51,384
1,180,716
Depreciation
2,365,000
112,599
175,000
404,500
400,000
23,000
100,000
55,000
3,635,099
Interest
751,725
-
13,950
9,550
83,320
-
858,545
Transfers
100,000
1,320,100
-
1,420,100
TOTAL EXPENSES AND
TRANSFERS OUT
$13,406,188
$13,236,631
$ 777,486
$ 3,642,413
$ 1,829,580
$ 674,226
$ 1,552,334
$ 941,198
$36,060,056
CHANGE IN NET ASSETS $ 2,866,855 $ 91,414 $ 156,314 $ 108,287 $ (69,180) $ (24,226) $ (138,734) $ 41,802 $ 3,032,532
Section 3. That there is proposed to be levied upon all taxable real and personal property in the
City of Edina a tax rate sufficient to produce the amounts hereinafter set forth:
GENERAL FUND $ 21,604,402
CONSTRUCTION FUND - EQUIPMENT LEVY $ 992,072
LEVY FOR PAYMENT OF CIP PLAN BONDS - SERIES $ 950,800
2010A
LEVY FOR PAYMENT OF EQUIPMENT CERTIFICATES $ 67,500
DEBT
LEVY FOR PAYMENT OF HRA PUBLIC PROJECT $ 411,644
BONDS - SERIES 2005A
LEVY FOR PAYMENT OF CIP PLAN BONDS - SERIES $ 432,744
2007A
LEVY FOR PAYMENT OF PUBLIC WORKS FACILITY $ 1,178,202
DEBT
TOTAL LEVY $ 25,637,364
Section 4. That transfers from the General Fund Unappropriated reserves be made for the
following purposes:
TO FUND VARIOUS PROJECTS WITHIN THE
CONSTRUCTION FUND
TO PREPAY THE SPECIAL ASSESSMENT FOR
PAMELA PARK
TO DEBT SERVICE FUND TO FUND A PORTION OF
2012 PUBLIC WORKS DEBT
TO DEBT SERVICE FUND TO CALL A PORTION OF
SERIES 2009A PUBLIC WORKS BONDS
TO RECODIFY LOCAL ORDINANCES
TO MODERNIZE HUMAN RESOURCES OPERATIONS
TO RESPOND TO FUNDING OF THE COMPENSATION
STUDY
$700,000.00
$155,000.00
$378,530.00
$950,000.00
$100,000.00
$100,000.00
$100,000.00
Section 5. That this budget proposes to use the following reserves to fund expenditures.
USE OF THE EQUIPMENT REPLACEMENT RESERVE
TO PURCHASE EQUIPMENT $805,237.00
Section 6. That there is proposed to be levied upon all taxable real and personal property in the
City of Edina, a tax rate sufficient to produce the amount below for the debt levy of the market
value based referendum levy and canceling the portion of the levy not required to produce the
following amount:
GO PARK AND RECREATION BONDS SERIES 199613/2005A $ 610,862
Passed and adopted by the City Council on December 20, 2011.
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 December 20, 2011, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of
City Clerk
REVISION
Agenda .Item _VIII.C.
Ordinance No. 2011 -21 Amending Section 300.17 Adding
Provisions Allowing Fees For Registration of Dangerous Dog
*The amendment to this ordinance was originally added as
the last sentence to 300.17 Subd. (A), it has now been moved
to the last sentence of 300.17 Subd.(C).
The changes from the original report are highlighted in
Yelp•
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item
VIII.0
From:
Jeff Long
® Action
Chief of Police
F-1 Discussion
0 Information
Date: December 20, 2011
Subject:
Ordinance No. 2011 -21 Amending Section 300.17 Adding Provisions
Allowing Fees For Registration of Dangerous Dog
ACTION REQUESTED:
Adopt Ordinance No. 2011 -21 including waiver of Second Reading.
INFORMATION /BACKGROUND:
Minnesota State Statute 347.51 dictates that an Animal Control Authority must issue a
certificate of registration to the owner of dog that is declared "dangerous ". The statute
indicates that an annual fee for that registration may not exceed $500.00.
Dogs that are declared dangerous in Edina must be registered with our Animal Control
Officer.
This amendment authorizes a fee to be set for the Dangerous Dog registration in
Section 185, Schedule A of the Edina code.
ATTACHMENTS:
Ordinance No. 2011 -21 Amending Section 300.17 Subd.6(C) and adding the fee to
Schedule A of Section 185
r'
ORDINANCE NO. 2011-21
AN ORDINANCE AMENDING THE -EDINA CITY CODE
CONCERNING DANGEROUS DOGS
THE CITY OF EDINA ORDAINS:
Section 1. Section,300.17 Sub 6 C) of the Edina City Code is amended to provide as follows:
Pe Police Chief may declare a dangerous dog under M.S. 347. Said declaration may
appealed to the City Council for a public hearing. Dangerous doss must be reeisterei
with the City and a resistratiiin fe "e must be paid as set- forth- in,Section 185 Sched&
ofthe Code.,
Section 2. This :ordinance is effective immediately upon its passage and publication.
First Reading: December 20, 2011
Second Reading:
Published:
Attest Debra A. Mangen, City Clerk
Please publish in the Edina Sun Current on: Thursday,
Send two affidavits of publication.
Bill to Edina City Clerk
James B. Hovland, Mayor
1
ORDINANCE NO. 2011-21
AN ORDINANCE AMENDING THE EDINA CITY CODE
CONCERNING DANGEROUS DOGS
THE CITY OF EDINA ORDAINS:
Section 1. Section 300.17 Subd. 6(A) of the Edina City Code is amended to provide as follok:
The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are hereby incor
reference and adopted as part of this Section. The persons authorized to enf is ction
shall also enforce the provisions of M.S. 347 and M.S. 343.20 through 343.4 A vio 'on the
provisions of M.S. 347 and M.S. 343.20 through 343.40 shall also be a vi ati of this ection.
Incorporation of said statutes shall not be a release by the City of an o s rity which
it has without such incorporation. Dangerous dogs must be re gist d ith C't and a
raoictmtinn fee must he paid as set forth in Section 185 Schedule &WObdY
Section 2. This ordinance is effective immediai
First Reading: December 20, 2011
Second Reading:
Published: ,
Attest Debra A. Maw- Cit ler
Please publish in the NDPU
Cut on: Thursday,
Send two affidavits kN.
Bill to Edina Citv Cl &k
ication.
James B. Hovland, Mayor
o1�e
•j�v •
REPORURECOMMEN DATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. VIII.D.
From:
John Wallin
Finance Director
® Action
Discussion
El Information
Date: December 20, 2011
Subject:
Ordinance No 2011 -18 Setting Fees and Charges for 2012
ACTION REQUESTED:
Discuss the proposed fees and charges to be adopted by Ordinance. Approve second
reading Ordinance 2011 -18 Amending Code Section 185 Schedule A — Increasing
Certain Fees.
INFORMATION /BACKGROUND:
Attached are the following schedules for fees and charges to be adopted by ordinance
proposed for 2012. Off -leash dog park fee adopted by the City, Council at the December
6 meeting was moved in the schedule to the 1230 section. The Dangerous Dog
Registration Fee required an ordinance which is also on the agenda tonight. All other
fees are the same as was presented for first reading. The fees that are proposed to
change from 2011 to 2012 are in bold.
ATTACHMENT:
1) Schedule of General Code Provisions and Administration 185.01 — Schedule A.
2) Schedule of General Fund revenues as they appear in the budget.
3) Ordinance No. 2011 -18 amending Code Section 185 Increasing Certain Fees.
City of Edina
P. sed
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE 2011 2012
General Code Provisions and Administration 185.01 - Schedule f
AMOUNT
DEPT REV
195
195.03
Registration of Domestic Partners
25.00
25.00
Clerk
Certified Copies of Registration
10.00
10.00
Clerk
Amendments to Domestic Partners or
10.00
10.00
Clerk
Notice of Termination of Domestic Partners
200
200.04
Public Dance Permit
54.00
54.00
Clerk
4137
215
215.04
Bingo Occasion, Gambling Device,
15.00
15.00
per permit
Clerk
4313
Raffle Permit
220
220.04
Machine or Amusement Device License
15.00
15.00
annually per establishment, plus
Health
4176
15.00
15.00
per machine
Health
4176
225
225.04
Special Events Application Fee
60.00
60.00
Clerk
4125
300
300.02 Subd 2
Redemption of Impounded Animals
30.00
35.00
per day for feeding & care, any veterinarian services and impounding
Police
4331
fee of:
40.00
40.00
a) If animal has not been impounded within one year prior to the date
Police
4331
of impounding
65.00
65.00
b) If animal has been impounded once within the year prior to the date
Police
4331
of impounding
115.00
115.00
c) If animal has been impounded twice or more within one year prior
Police
4331
to the date of impounding
300
300.02 Subd 3
Disposal of Animal
40.00
50.00
per animal
Police
4331
300
300.03 Subd. 3
Dog License
15.00
15.00
per dog
Police
4120
10.00
10.00
per neutered dog
Late charge after March 1
10.00
10.00
Police
4120
300
300.03 Subd. 4
Duplicate Dog License Tag
6.00
6.00
per duplicate tag
Police
4120
300
300.04 Subd. 2
Commercial Kennel License
55.00
55.00
per year
Police
4174
300
300.15
Permit for Extra Dogs or Cats
100.00
100.00
Police
4120
300
300.17
Dangerous Dog
100.00
100.00
Registration fee
Police
4120
405
405.01
Landscaping, Screening, or Erosion
100.00
100.00
Planning
4361
Control Site Plan Permit
410
410.02 Subd. 1
Building Permit
If total valuation of work is:
Then amount is:
$ 1 to 500
23.50
23.50
.
Building
4111
501 to 2,000
23.50
23.50
' for first $500 plus
Building
4111
3.05
3.05
for each additional $100 or fraction thereof to and including $2,000
Building
4111
2,001 to 25,000
69.25
69.25
' for first $2,000 plus
Building
4111
14.00
14.00
for each additional $1,000 or fraction thereof to and including $25,000
Building
4111
25,001 to 50,000
391.25
391.25
• for first $25,000 plus
Building
4111
10.10
10.10
for each additional $1,000 or fraction thereof to and including $50,000
Building
4111
50,001 to 100,000
643.75
643.75
' for first $50,000 plus
Building
4111
7.00
7.00
for each additional $1,000 or fraction thereof to and including $100,000
Building
4111
100,001 to 500,000
993.75
993.75
" for first $100,000 plus
Building
4111
5.60 -
5.60
for each additional $1,000 or fraction thereof to and including $500,000
Building
4111
500,001 to 1,000,000
3,233.75
3,233.75
: for the first $500,000 plus
Building
4111
4.75
4.75
for each additional $1,000 or fraction thereof to and including
Building
4111
$1,000,000
1,000,001 and up
5,608.75
5,608.75
' for the first $1,000,000 plus
Building
4111
3.65
3.65
for each additional $1,000 or fraction thereof
Building
4111
plus surcharge pursuant to M.S. 16B.70
Building
4380
Plan Review
65%
65% of Permit Fee
Building
4111
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/2011 2:08 PM
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE
Proposed
2011 2012
General Code Provisions and Administration 185.01 - Schedule A
AMOUNT
DEPT REV
410 410.02 Subd. 2
Other Permit Related Fees
55.00
60.00
per hour or the total hourly cost to City, whichever
Building
4111
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of employees involved)
410 410.02 Subd. 3
Residential Building Contractor,
5.00
5.00
surcharge pursuant to M.S. 326.86
Building
4380
Remodeler or Specialty Contractor
License Verification
415 415.02
Permit for Moving of Building
212.00
212.00
Building
4111
415 415.02 Subd. 3
Indemnity Deposit for Damages
530.00
530.00
unless licensed by Commissioner of Transportation
Building
2605
Sustained by Moving of Building
421 421.03
R -O -W Work Annual Registration
200.00
200.00
Engineer
4341
421 421.04
R -O -W Excavation Permit Administrative
75.00
75.00
Engineer
4341
Fee
Per Additional Excavation -Paved Area
35.00
35.00
Engineer
4341
Per Additional Excavation - Unpaved Area
20.00
20.00
Engineer
4341
Underground Utility/Telecom Installation
45.00
45.00
per 100 L. Ft.
Engineer
4341
- Directional Boring or Tunneling (Plus
Minimum Permit Fee)
Underground Utility/Telecom Installation
60.00
60.00
per 100 L. Ft.
Engineer
4341
- Open Trenching (Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation
5.00
5.00
per 100 L. Ft.
Engineer
4341
(Plus Minimum Permit Fee)
421 421.07 Subd. 3
Street Surface Repair
50.00
50.00
Per square foot under 10 square feet
Engineer
4343
40.00
40.00
Per square foot from 10-25 square feet
Engineer
4343
35.00
35.00
Per square foot over 25 square feet
Engineer
4343
430 430.03 Subd. 8
Installer's Licenses: Oil Burner; Stoker,
55.00
55.00
Building
4117
Steam or Hot Water Heating, Mechanical
Warm Air Heating and Air Conditioning;
Refrigeration, and Gas Piping Installers
435 435.07
Gas Piping Permit; Oil Burner, Stoker,
Minimum Fee:
Steam or Hot Water Heating, Mechanical
22.00
22.00
Residential - plus surcharge pursuant to M.S. 166.70
Building
4115
Warm Air Heating and Air Conditioning;
27.00
27.00
Commercial - plus surcharge pursuant to M.S. 168.70
Building
4115
or Refrigeration Permit
Fee Calculations:
$0 to 1,000
16.00
16.00
' plus 3.10 % >$ 500
Building
4115
1,001 to 5,000
31.50
31.50
`plus 2.60 %> $1,000
Building
4115
5,001 to 10,000
135.50
135.50
" plus 2.15% > $ 5,000
Building
4115
10,001 to 25,000
243.00
243.00
` plus 1.85% > $10,000
Building
4115
25,001 to 50,000
520.50
520.50
' plus 1.65% > $25,000
Building
4115
50,001 and over
933.00
933.00
' plus 1.30% > $50,000
Building
4115
• plus surcharge pursuant to M.S. 1613.70
435 435.07 Subd. 1
Other Permit Related Fees
55.00
60.00
per hour or the total hourly cost to City, whichever is
Building
4115
greatest (includes supervision, overhead, equipment, hourly wages
and fringe benefits of employees involved
440 440.04
Plumbing or Water Conditioning Permit
Minimum Fee:
15.00
15.00
Residential - plus surcharge pursuant to M.S. 166.70
Building
4112
27.00
27.00
Commercial - plus surcharge pursuant to M.S. 1613.70
Fee Calculations:
$0 to 300
15.00
15.00
Building
4112
$301 to 700
15.00
15.00
` plus 1.75% >$300
Building
4112
G: \B ,Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14 2:08 PM
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE
F. ,sod
2011 2012
General Code Provisions and Administration 185.01 - Schedule /
AMOUNT
DEPT REV
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/2011 2:08 PM
$701 to 1,000
22.00
22.00
* plus 3.10 % >$700
Building
4112
1,001 to 5,000
31.50
31.50
* plus 2.60% > $1,000
Building
4112
5,001 to 10,000
135.50
135.50
* plus 2.15% > $5,000
Building
4112
10,001 to 25,000
243.00
243.00
* plus 1.85% > $10,000
Building
4112
25,001 to 50,000
520.50
520.50
* plus 1.65% > $25,000
Building
4112
50,001 and over
933.00
933.00
* plus 1.30% > $50,000
Building
4112
* plus surcharge pursuant to M.S. 16B.70
440 440.04
Installation or Testing of RPZ Backflow
27.00
27.00
Building
4306
Preventers
440 440.04 Subd. 1.
Other Permit Related Fees
55.00
60.00
per hour or the total hourly cost to City, whichever
Building
4306
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
445 445.08
Surcharge for Prohibited Connection to
100.00
100.00
per month
Building
4391
Sanitary Sewer
450 450.05
Swimming Pool Construction
Same as the fees for a building permit (See 410.02 Subd.1, fees)
Building
4111
450 450.27 Subd. 4
Public or Semi - Public Swimming Pool
470.00
470.00
per year for each enclosed pool (partial or all of the year)
Health
4173
License
320.00
330.00
per year for each outdoor pool
Health
4173
450 450.27 Subd. 4
Public or Semi - Public Whirlpool Bath or
170.00
170.00
per year for each bath or pool
Health
4173
Therapeutic Swimming Pool License
460 460.06 Subd. 1
Sign Permit
150.00
150.00
for reface or 50 square feet or less, plus an additional
Planning
4185
3.00
3.00
per square foot for signs greater than 50 square feet.
460 460.06 Subd. 1
Courtesy Bench Sign Permit
35.00
35.00
per year
Planning
4185
460 460.06 Subd 6
Sign Variance Fee
350.00
350.00
Residential Property
Planning
4361
700.00
700.00
Commercial Property
Planning
4361
475 475.03 Subd. 1
Parking Ramp License
125.00
125.00
per year
Building
4134
605 605.05 Subd. 1
Operational permits required by MSFC
55.00
60.00
Per hour with a minimum 1 hour fee. (Includes supervision, code review,
Fire
4322
Section 105.6
inspections, overhead, hourly wages and fringe benefits of employees
involved)
Non - business hours inspection
80.00
85.00
Per hour with a minimum 1 hour fee.
Fire
4325
605 605.05 Subd. 1
Construction permits required by MSFC
Section 105.7 except for those covered in City
Code Section 625
If total valuation of work is:
Then amount is:
$1 to 500
27.00
60.00
*minimum fee
Fire
4324
501 to 2,000
27.00
60.00
* for first $500 plus
Fire
4324
4.00
4.00
for each additional $100 or fraction thereof to and including $2,000
2,001 to 25,000
80.00
120.00
* for first $2,000 plus
Fire
4324
16.00
16.00
for each additional $1,000 or fraction thereof to and including $25,000
25,001 to 50,000
450.00
488.00
* for first $25,000 plus
Fire
4324
12.00
12.00
for each additional $1,000 or fraction thereof to and including $50,000
50,001 to 100,000
740.00
788.00
* for first $50,000 plus
Fire
4324
9.00
9.00
for each additional $1,000 or fraction thereof to and including $100,000
100,001 to 500,000
1,140.00
1,238.00
* for first $100,000 plus
Fire
4324
7.00
7.00
for each additional $1,000 or fraction thereof to and including $500,000.
500,001 to 1,000,000
3,720.00
4,038.00
* for first $500,000 plus
Fire
4324
6.00
6.00
for each additional $1,000 or fraction thereof to and including $1,000,000
1,000,001 and up
6,450.00
7,038.00
* for first $1,000,000 plus
Fire
4324
5.00
5.00
for each additional $1,000 or fraction thereof
Plan check
70%
70%
of permit fee
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/2011 2:08 PM
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE
Proposed
2011 2012
General Code Provisions and Administration 185.01 - Schedule A
AMOUNT
DEPT REV
605 605.05 Subd. 2
Code Compliance Inspection
55.00
60.00
Per hour with a minimum 1 hour fee. (Includes supervision, code review,
Fire
4326
inspections, overhead, hourly wages and fringe benefits of employees
involved)
605 605.05 Subd. 2
Day Care Fire Inspection
-
50.00
Per inspection per MN Statute 245A.151
Fire
4326
615 615.03
License to Service Fire Extinguishers
100.00
100.00
per year per person licensed
Fire
4325
620 620.04
Permit Fee for Cleaning Commercial
85.00
90.00
Fire
4321
Kitchen Exhaust Hood and Duct Systems
625 625.04 Subd. 1
Sprinkler Permit Fees:
Per Number of Heads:
1- 5
50.00
60.00
" (minimum fee)
Fire
4161
6- 12
85.00
90.00
"
Fire
4161
13- 25
135.00
140.00
Fire
4161
26- 50
250.00
260.00
Fire
4161
51- 75
330.00
340.00
'
Fire
4161
76-100
390.00
400.00
Fire
4161
101-125
430.00
440.00
"
Fire
4161
126-150
460.00
470.00
"
Fire
4161
151-175
500.00
510.00
Fire
4161
176-200
530.00
540.00
Fire
4161
201 plus
610.00
620.00
' for first 200 + $3.00 for each additional head
Fire
4161
625 625.04 Subd. 1
Fire Pump Installation and Associated
250.00
255.00
Fire
4161
Hardware
Dry Valve Assembly
250.00
255.00
Fire
4161
Hydrant Flow Test
.100.00
110.00
Fire
4161
Standpipe Installation
150.00
160.00
Fire
4161
Each Additional Standpipe
50.00
55.00
Fire
4161
625 625.04 Subd. 1
Fire alarm & alternative fire suppression permit
If total valuation of work is:
Then amount is:
$1 to 500
30.00
60.00
"minimum fee
Fire
4162
501 to 2,000
30.00
60.00
" for first $500 plus
Fire
4162
4.00
4.00
for each additional $100 or fraction thereof to and including $2,000
2,001 to 25,000
80.00
120.00
" for first $2,000 plus
Fire
4162
16.00
16.00
for each additional $1,000 or fraction thereof to and including $25,000
25,001 to 50,000
450.00
488.00
" for first $25,000 plus
Fire
4162
12.00
12.00
for each additional $1,000 or fraction thereof to and including $50,000
50,001 to 100,000
740.00
788.00
" for first $50,000 plus
Fire
4162
8.00
8.00
for each additional $1,000 or fraction thereof to and including $100,000
100,001 to 500,000
1,140.00
1,238.00
"for first $100,000 plus
Fire
4162
7.00
7.00
for each additional $1,000 or fraction thereof to and including $500,000
500,001 to 1,000,000
3,720.00
4,038.00
' for first $500,000 plus
Fire
4162
6.00
6.00
for each additional $1,000 or fraction thereof to and including $1,000,000
1,000,001 and up
6,450.00
7,038.00
' for first $1,000,000 plus
Fire
4162
5.00
5.00
for each additional $1,000 or fraction thereof
Plan check
70%
70%
of permit fee
625 625.04 Subd. 2
Other Permit Related Fees
55.00
60.00
Per hour with a minimum 1 hour fee. (Includes supervision, code review,
Fire
4325
inspections, overhead, hourly wages and fringe benefits of employees
involved)
635 635.02
False Fire Alarm
300.00
300.00
Residential
Fire
4323
500.00
500.00
Commercial
Fire
4323
G: \E Tees & Charges\2012 Fees & Charges12012 Proposed Fees & Charges.xlsx 12/14 2:08 PM
City of Edina
F. .sod
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE 2011 2012
General Code Provisions and Administration 185.01 - Schedule
AMOUNT
DEPT REV
640
640.02
License allowing sale of Fireworks
100.00
100.00
Per year
Fire
4137
716
716.02
Recycling Service:
7.50
7.50
Per Quarter - Single Family
Recycle
4640
7.50
7.50
Per Quarter - Double Bungalow
Recycle
4640
7.50
7.50
Per Quarter - Apartments /Condos (2 -8 units)
Recycle
4640
721
721.03 Subd. 1
Food Establishment
610.00
610.00
High risk food
Health
4171
380.00
380.00
Medium risk food
Health
4171
110.00
110.00
Low risk food
Health
4171
145.00
150.00
Base fee
Health
4171
55.00
55.00
Beer or wine table service
Health
4171
130.00
130.00
Alcohol bar service
Health
4171
138.00
138.00
Food vehicle
Health
4171
150.00
150.00
Additional facility _
Health
4171
200.00
200.00
Pushcart
Health
4171
120.00
120.00
Itinerant food
Health
4171
15.00
15.00
Food vending machine
Health
4172
721
721.03 Subd 1
Restaurant Plan Review Fee
150% of License Fee
Health
4353
Restaurant Plan Review Fee for Remodel
100% of License Fee
Minimum Restaurant Plan Review Fee
125.00
125.00
Health
4353
735
735.03
Lodging Establishment
8.00
8.00
per room
Health
4177
Supervised Group Home
45.00
45.00
Health
4177
Boarding and Lodging House License
105.00
105.00
Health
4177
740
740.04
Multiple Dwelling Parking Garage
48.00
50.00
per single tract of land (may contain more than one building under
Health
4179
same ownership)
740
740.04
Multiple Dwelling Parking Garage
85.00
90.00
per garage
Health
4351
Inspection Fee
745
745.04 Subd. 2
Body Art Establishment License
300.00
300.00
Health
4137
745.07 Subd. 1
Body Art Establishment Plan Review Fee
300.00
300.00
810
810.09 Subd. 3C
Neighborhood Property Owner List
1.00
1.00
per property owner name
Planning
4361
810
910.09
Plat and Subdivision Filing Fee
200.00
200.00
per lot for division of one or more lots where no new buildable
Planning
4361
lots are created
700.00
700.00
plus $50 /lot - all plats and subdivision other than above
Planning
4361
810
810.09 Subd. 2
Developer's Agreement Fee for City
6.5% of the total construction cost of such public improvements
Planning
4361
Services Rendered in Connection with
Required Street, Water and Sewer
Improvements
815
815.03
Antennas, Dish Antennas & Tower
Same as for a building permit (See Subsection 410.02 Subd 1 fees)
Building
4111
Permits
820
820.01
Filing of Application for Vacation of
450.00
450.00
Clerk
4391
Street, Alley or Easement
830
830.05 Subd. 2
Permit Fee for Tree Removal or Grading
Building
4118
If total valuation of work is:
Then amount is:
$1 to $5,000
150.00
150.00
$5,001 to $100,000
150.00
150.00
for first $5,000 plus
2.00
2.00
for each additional $1,000 or fraction thereof to and including $100,000
$100,001 and up
340.00
340.00
for first $100,000 plus
1.00
1.00
for each additional $1,000 or fraction thereof
830
830.05 Subd. 2
Permit Fee for Open Pit or Excavation
Building
4118
If total valuation of work is:
Then amount is:
$1 to $5,000
150.00
150.00
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/20112:08 PM
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE
Proposed
2011 2012
General Code Provisions and Administration 185.01 - Schedule A
AMOUNT
DEPT REV
G: \B ,Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14. 2:08 PM
$5,001 to $100,000
150.00
150.00
for first $5,000 plus
2.00
2.00
for each additional $1,000 or fraction thereof to and including $100,000
$100,001 and up
340.00
340.00
for first $100,000 plus
1.00
1.00
for each additional $1,000 or fraction thereof
830
830.05 Subd. 2
Other Permit Related Fees
55.00
60.00
per hour or the total hourly cost to City, whichever
Building
4111
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
845
845.04
Restricted Access Parking Lot License
500.00
500.00
Planning
4137
Renewals:
100.00
100.00
0 - 50 spaces
Planning
4137
150.00
150.00
51 -100 spaces
Planning
4137
250.00
250.00
100 - 200 spaces
Planning
4137
400.00
400.00
Over 200 spaces
Planning
4137
850
850.04 Subd. 1C
Variance Fee
350.00
350.00
Residential
Planning
4361
600.00
600.00
Commercial
Planning
4361
850
850.04 Subd. 2A.2
Fee for Transfer of Land to Another
500.00
500.00
(One) R -2 Lot
Planning
4361
Zoning District
600.00
600.00
(Two) R -2 Lots
Planning
4361
1,100.00
1,100.00 All other Transfers
Planning
4361
850
850.04 Subd. 2 -5
Mailed Notices
1.00
1.00
A parcel
Planning
850
850.173 Subd. 4C.1 a Temporary Retail Sales in PID Permit
400.00
400.00
First Permit
Planning
4361
300.00
300.00
Subsequent Permits
Planning
4361
850
850.04 Subd. 4 A.2
Conditional Use Permit
800.00
800.00
Fee shall be equal to City staff time expended and City's direct
Planning
4361
cost incurred in processing applications.
850
850.10 Subd. 1 D
Landscaping Inspection
100.00
100.00
Planning
4361
850
850.04 Subd. 6
Final Development Plan Application Fee
850.00
850.00
Planning
4361
850
850.20 Subd. 10
Certificate of Appropriateness
Planning
4361
600.00
600.00
Accessory structure and fagade change
1,200.00
1,200.00
New house
900
900.07 Subd. 1
Liquor License Fees (per year)
Police
4130
300.00
300.00
Under 200 members
500.00
500.00
201 -500 members
650.00
650.00
501 -1000 members
850.00
850.00
1001 -2000 members
1,000.00
1,000.00
2001 -4000 members
2,000.00
2,000.00
4001 -6000 members
3,000.00
3,000.00
over 6000 members
8,755.00
8,800.00
On -Sale Intoxicating License - Restaurants only
Police
4132
655.00
660.00
3.2 Beer License Off or On Sale
Police
4130
2,000.00
2,000.00
Wine On- Sale- Restaurants only
Police
4131
200.00
200.00
per event - Temporary On -Sale Intoxicating - Max 3 days by MS
Police
4130
90.00
91.00
per event - Temporary On -Sale 3.2 Malt Liquor
Police
4130
200.00
200.00
Sunday On -Sale License - Restaurants only
Police
4130
1020
1020
False Automatic Alarm
25.00
25.00
for the first response per calendar year
Police
4332
110.00
110.00
for the 2nd thru 4th response within one calendar year
Police
4332
200.00
200.00
for the 5th and subsequent false alarm within one calendar year
Police
4332
1040
1040.08
Loudspeaker Permit
22.00
22.00
Clerk
4137
1045
1045.05
Variance Fee RV's, Boats, etc. Storage
50.00
50.00
Planning
4361
1100
1100.03 Subd. 2
Sewer Service Charge:
Based upon water usage during winter quarter. (November 1 to March 1)
Single Family Dwellings, Townhouses,
Two - Family Dwellings, Apartment
G: \B ,Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14. 2:08 PM
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE
F sed
2011 2012
General Code Provisions and Administration 185.01 - Schedule /
AMOUNT
DEPT REV
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/2011 2:08 PM
Buildings Containing Four or Less
47.36
49.28
Per quarter up to and including 1600 cubic feet
Finance
4641
Dwelling Units:
2.96
3.08
Additional from 1601 cubic feet and over
Finance
4641
Apartment Buildings with More Than
42.62
44.35
Per quarter for each unit over four or
Finance
4641
Four Dwelling Units:
2.96
3.08
per 100 cubic feet of water used during the quarter, whichever is greater
Finance
4641
Commercial and Industrial Buildings,
47.36
49.28
Per water meter or approved sewage metering device on premises, or
Finance
4641
Including Schools and Churches:
2.96
3.08
per 100 cubic feet of water used during the quarter, whichever is greater
Finance
4641
1100 1100.03 Subd. 3
Industrial User Extra Strength Charges
As allocated to City by Metropolitan Waste Control Commission
Finance
4641
1100 1100.03 Subd. 4.A
Shutting Off or Turning On Curb Water
For each tum -on and each shut -off.
Finance
4628
Stops at Customer's Request or Due to
Non - payment of Bill
35.00
35.00
1100 1100.04 Subd. 1.0
Issuance of Water Meter
Cost of water meter, plus handling charges
Finance
4627
1100 1100.03 Subd. 2
Water Service
1. Per 100 cubic feet for areas of City, except as described in #2 below
Finance
4626
1.17
1.24
Up to 3500 cubic feet
1.55
1.64
From 3600 cubic feet to 6500 cubic feet
2.43
2.58
Over 6500 cubic feet
2.34
2.34
2. Per 100 cubic feet - Momingside area
Finance
4626
Domestic accounts used by:
Commercial and Industrial Buildings,
1.17
1.24
Up to 3500 cubic feet
Including Schools and Churches:
1.55
1.64
Over 3500 cubic feet
Lawn watering accounts used by:
Commercial and Industrial Buildings,
1.55
1.64
Up to 3500 cubic feet
Including Schools and Churches:
2.43
2.58
Over 3500 cubic feet
Meter Charge:
14.22
15.07
Per quarter for up to 314 inch meter
Finance
4627
19.38
20.54
Per quarter for 1 inch meter
Finance
4627
22.10
23.43
Per quarter for 1 1/4 inch meter
Finance
4627
24.87
26.36
Per quarter for 1 1/2 inch meter
Finance
4627
40.04
42.44
Per quarter for 2 inch meter
Finance
4627
152.06
161.18
Per quarter for 3 inch meter
Finance
4627
193.55
205.16
Per quarter for 4 inch meter
Finance
4627
Flat Annual Charges as Follows:
-
-
Park Department for water used for sprinkling and skating rinks
Finance
4626
-
-
Street Department for water used for flushing street
Finance
4626
1105 1105.01 Subd. 1
Service Availability Charge (SAC)
2,230.00
2,365.00
Per SAC unit X number of SAC units computed pursuant to Subsection
Building
4307
1105.01, Subd, 1 of this code
1105 1105.02
Charge for Connection to City Water or
800.00
840.00
Water connection charge per REC unit X number of SAC units
Building
4116
Sewer System
400.00
420.00
Sewer connection charge per REC unit X number of SAC units
110 1110.03
Storm Water Drainage Charge
19.58
20.56
Per quarter pursuant to formula in Subsection 1110.03
Finance
4642
1115 1115.03
Water Surcharges
Surcharges for violation of the Irrigation Bans are determined based on the number of water
restriction violations issued to an owner in the previous three years and are
as follows:
First Offense
Written warning
Second Offense
50.00
50.00
Third Offense
100.00
100.00
Fourth Offense
200.00
200.00
Each Additional Offense
300.00
300.00
1205 1205.01
Curb Cut Permit
40.00
40.00
Engineer
4344
1230 1230.07
Sidewalk Cafe Permit
650.00
650.00
Clerk
4137
1230.08
Temporary Liquor License Special Permit
320.00
320.00
Per event
Clerk
4137
1230 1230.10
Off -leash Dog Park
25.00
Residential
50.00
Non - Resident
1235 1235.03 Subd. 2
Parking Permit
5.00
5.00
per month pro -rated
Police
4751
Refund Parking Permit - Sticker Must
5.00
5.00
per month pro -rated
Police
4751
G: \Budget \Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14/2011 2:08 PM
City of Edina
Proposed
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE 2011 2012
General Code Provisions and Administration 185.01 - Schedule A
AMOUNT
DEPT REV
G:\B .Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14 2:08 PM
Be Returned
1300
1300.02 Subd. 1
Refuse or Recycling Hauler's License
300.00
95.00
300.00
95.00
per year for 1st vehicle
per year for each additional vehicle
Health
Health
4178
4178
1311
1311.03
1311.04 Subd. 1
Peddler /Solicitor Permit
Registration for Peddling /Soliciting
30.00
50.00
30.00
50.00
per permit - valid for 14 calendar days
per registration - valid for 90 calendar days
Police
Police
4128
4128
1325
1325.03
Tobacco Sale License
365.00
365.00
per location
Health
4170
1341
1341.02
Registration for Massage Therapists
18.00
18.00
Per therapist for those businesses exempt from licensure
Clerk
4137
1341
1341.05
Physical Culture & Health Service or
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
290.00
290.00
Business License
Clerk
4137
1341
1341.05
Investigation Fee- Business License
1,500.00
1,500.00
Clerk
4314
1345
1345.05 Subd. 1
Sexually- oriented Business License
5,000.00
5,000.00
per year
Clerk
4137
1345
1345.05 Subd. 2
Business License
1,500.00
1,500.00
At time of original application
Clerk
4137
1350
1350.06 Subd. 1
Commercial Photography
33.00
128.00
360.00
33.00
128.00
360.00
Manager Permit - Still Photography
Manager Permit - Motion Photography
Council Permit
Clerk
Clerk
Clerk
4133
4133
4133
1400
1400.12
Truck Restrictive Road Permit
100.00
100.00
Engineer
4190
1410
1410.01
Redemption of Impounded Vehicle
Fee as posted in Police Department
Police
4334
G:\B .Fees & Charges\2012 Fees & Charges\2012 Proposed Fees & Charges.xlsx 12/14 2:08 PM
• CITY OF EDINA ANNUAL BUDGET PAGE-27
FUND:
GENERAL 1 REVENUE SUMMARY
REVENUES SUMMARY
2009 2010 201 2012 2013
DESCRIPTION ACTUAL. ACTUAL I ESTIMATED UDG TED PROPOSED PROPOSED
CHARGES FOR SERVICES:
BUILDING DEPARTMENT
CITY CLERK
FIRE DEPARTMENT
AMBULANCE
POLICE DEPARTMENT
ENGINEERING
HEALTH DEPARTMENT
PLANNING DEPARTMENT
HOUSING FOUNDATION CONTRAC
SERVICES HRA
PARK REGISTRATION FEES
SENIOR CENTER FEES
COMMUNICATIONS DEPT
OTHER FEES
50TH & FRANCE ASSESSMENT
CHARGES TO OTHER FUNDS
TOTAL CHARGES FOR SERVICE
FINES AND FORFEITURES:
MUNICIPAL COURT FINES
OTHER REVENUES:
INCOME ON INVESTMENTS
RENTAL OF PROPERTY
PARK RENTAL
DONATIONS
MISCELLANEOUS REVENUE
TOTAL OTHER REVENUES
TOTAL REVENUE
THER FINANCING SOURCES:
RANSFER FROM LIQUOR
TOTAL OTHER FINANCING
TOTAL GENERAL FUND REVENUE
AND OTHER FINANCING SOURCE!
$ 29,132
$ 23,997
$ 25,000
$ 25,000
$ 25,000
$ 25,000
8,862
97,429
10,000
6,000
76,000
6,500
31,237
22,683
20,000
30,000
20,000
20,000
1,556,146
1,648,575
1,700,000
1,545,000
1,638,000
1,720,000
172,878
183,568
300,000
200,000
260,000
270,000
210,071
155,524
180,000
180,000
180,000
180,000
6,580
12,933
7,700
7,700
7,700
7,700
16,536
24,857
20,000
27,500
25,000
25,000
37,870
35,748
30,000
26,000
27,000
28,000
28,377
21,812
22,000
22,000
22,000
22,000
103,530
112,048
103,000
98,000
100,000
105,000
94,525
90,636
90,000
98,000
98,000
98,000
101,679
76,383
66,500
66,500
70,000
74,000
1,540
1,090
4,000
4,000
4,000
4,000
69,000
69,000
69,000
69,000
69,000
69,000
392,88011
393,168
395,604
395,6041
474,5641
484,044
7 Arm Rd'1 1
2 QRU d51
3.042.804
2.800.304
3.096.264
3,138,244
1,148,4401 1,162,9731 1,025,000 975,0001 1,014,000 1,034,000
58,220
138,287
139,919
139,919
128,800
161,000
191,136
270,333
245,000
200,000
240,000
255,000
151,310
154,672
125,000
125,000
130,000
140,000
28,367
28,798
12,000
12,000
12,000
12,000
15,039
2,789
6,000
6,000
6,000
6,000
444,072
594,879
527,919
482,919
516,800
574,000
$27.819.462
$29.025,813
$29,504,723
$28,663,713
$30,083,066
$30,674,738
765,100
765,100
765,100
765,100
765,100
765,100
765,100
765,100
765,100
765,100
765,100
765,100
X28.584.562
$29.790.913
$30.269,823
$29,428,813
$30,848,166
$31,439,838
CITY OF EDINA ANNUAL BUDGET PAGE,- 26
FUND:
GENERAL REVENUE SUMMARY
REVENUES SUMMARY
2009 2010 1 DESCRIPTION I ACTUAL I ACTUAL ESTIMATED 01 BUDGETOl PROPOSED I PROPOSED
4XES:
ROPERTY TAXES
ENALTIES AND INTEREST
DSS DUE TO ABATEMENTS
TOTAL PROPERTY TAXES
RANCHISE FEES
TOTAL TAXES
LICENSE AND PERMITS:
HEATNENT LICENSE
BUILDING PERMITS
PLUMBING PERMITS
HEATING PERMITS
MECHANICAL PERMITS
GRADING /EXCAVATION PERMITS
DOG LICENSES
BEER LICENSE
WINE LICENSE
LIQUOR LICENSE
PARKING RAMP
OTHER PERMITS & LICENSES
SPRINKLER PERMITS
ALARM PERMITS
TOBACCO LICENSE
FOOD ESTABLISHMENT LICENSE
FOOD VENDING LICENSE
POOL LICENSE
AMUSEMENT DEVICE LICENSE
LODGING LICENSE
GARBAGE COLLECTORS LICENSE
PARKING GARAGE LICENSE
SIGN PERMIT
ROAD RESTRICTION PERMITS
TOTAL LICENSES AND PERMITS
INTERGOVERNMENTAL AID:
FEDERAL AID
STATE AID MAINTENANCE
OTHER STATE AID
STATE POLICE AID
(STATE HEALTH AID
TOTAL INTERGOVERNMENT AID
$19,712,348
$20,405,035
$21,004,000
$21,004,000
04,402
$21,989,994
20,180
39,552
12,000
12,000
12,000
L21,494,402
12,000
-
-
147,000
327,000
22,000
(125,000
19,732,528
20,444,587
20,869,000
20,689,000
15,000
21,876,994
667,791 1 692,2881 700,0001 650,0001 700,0001 20.400.319 21136,875 21569,000 21,339,000 22,194,402 22,590,994
26,235
29,315
30,000
30,000
30,000
31,000
1,217,654
1,427,857
1,575,000
1,421,990
1,590,000
1,640,000
124,114
122,848
125,000
130,000
130,000
130,000
23,360
25,981
45,000
10,000
15,000
18,000
264,097
283,919
270,000
270,000
275,000
280,000
5,192
3,471
2,000
.2,500
2,500
2,500
40,535
59,492
50,000
35,000
40,000
45,000
10,642
12,429
12,000
12,000
12,000
12,000
15,075
19,667
22,000
25,000
24,000
25,000
145,083
151,570
165,000
142,000
155,000
160,000
3,375
3,500
3,500
3,300
3,400
3,500
7,386
7,536
3,500
3,000
3,500
3,600
23,017
29,579
30,000
30,000
30,000
30,500
11,509
15,149
14,500
14,500
14,500
14,500
5,600
5,840
5,000
10,000
8,000
8,000
96,472
106,907
105,000
95,000
97,000
100,000
1,125
1,695
1,500
1,500
1,500
1,500
26,052
25,125
25,000
24,000
24,200
25,000
1,695
1,365
2,000
1,500
1,500
1,600
931
-
1,000
1,000
1,000
1,000
11,435
19,075
11,000
13,000
13,000
13,000
4,005
4,546
4,000
3,200
3,500
3,800
11,730
18,613
17,000
11,000
12,000
13,000
4,820
8,462
101 000
20,000
15,000
15,000
2,081,139
2,383,941
2,529,0001
2,309,4901
2,501,6001
2,577,500
104,906
21,442
36,000
36,000
36,000
36,000
195,000
195,000
195,000
195,000
195,000
195,000
126,973
109,645
120,000
51,000
60,000
60,000
338,684
332,572
340,000
355,000
350,000
350,000
119,086
119,035
120,000
120,000
119,000
119,000
884,649
777,694
811,000
757,000
760,000
760,000
ORDINANCE NO. 2011 -18
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The following described fees of Schedule A to Code Section 185 are amended to
read as follows:
SEC-
SUBSEC.
PURPOSE OF
AMOUNT
TION
I
FEEXHARGE
300
300.02 Subd. 3
Redemption of Impounded
Animals
$35.00 per day for feeding & care, any
veterinarian services and
impounding fee
300
300.02 Subd. 3
Disposal of Animal
$50.00 per animal
410
410.02 Subd. 2
Other Permit Related Fees
$60.00 per hour or the total hourly cost to
City, whichever is greatest.
(includes supervision, overhead,
equipment, hourly wages and
fringe benefits of employees
involved
435
435.07 Subd. 1
Other Permit Related Fees
$60.00 per hour or the total hourly cost to
City, whichever is greatest.
(includes supervision, overhead,
equipment, hourly wages and
fringe benefits of employees
involved
440
440.04 Subd. 1
Other Permit Related Fees
$60.00 per hour or the total hourly cost to
City, whichever is greatest.
(includes supervision, overhead,
equipment, hourly wages and
fringe benefits of employees
involved
450
450.27 Subd. 4
Public or Semi - Public
Swimming Pool License
$330.00 per year for each outdoor pool
605
605.05 Subs.1
Operational permits
$60.00 per hour with a minimum 1 hour fee
required by MSFC Section
(includes supervision, code review,
105.6
inspections overhead, hourly
wages and fringe benefits of
employees involved)
Non- business hours
$85.00 per hour with a minimum 1 hour fee
inspection
605
605.05 Subd. 1
Construction Permits
Required by MSFC Section
105.7 except for those
covered in City Code
Section 625
If total valuation of work is:
$60.00 *minimum fee
$1 to $500
$60.00 *for first $500 plus
501 to 2,000
$4.00 for each additional $100 or
fraction thereof to and including
$2,000
2,001 to 25,000
$120.00 *for the first $2,000 plus
$16.00 for each additional $1,000 or
fraction thereof to and including
25,001 to 50,000
$25,000
$488.00 *for the first $25,000 plus
$12.00 for each additional $1,000 or
50,001 to 100,000
fraction thereof to and including
$50,000 .
$788.00 *for the first $50,000 plus
100,001 to 500,000
$9.00 for each additional $1,000 or
fraction thereof to and
including $100,000
500,001 to 1,000,000
$1,238.00 *for the first $100,000 plus
$7.00 for each additional $1,000 or
fraction thereof to and including
1,000,001 and up
$500,000
$4,038.00 *for the first $500,000 plus
$6.00 . for each additional $1,000 or
fraction thereof to and including
$1,000,000
$7,038.00 *for the first $1,000,000 plus
$5.00 for each additional $1,000 or
fraction thereof
605
605.05 Subd. 2
Code Compliance
$60.00 per hour with a minimum 1 hour
Inspection
fee. (includes supervision, code
review, inspections, overhead,
hourly wages and fringe benefits
of employees involved
605
605.05 Subd. 2
Day Care Fire Inspection
$50.00 per inspection per MN Statute
245A.151
620
620.04
Permit Fee for Cleaning
Commercial Kitchen
$90.00
Exhaust Hood and Duct
Systems
625
625.04 Subd. 1
Sprinkler Permit Fees
Per Number of Heads:
1 - 5
$60.00
6-12
$90.00
13-25
$140.00
26-50
$260.00
51-75
$340.00
76-100
$400.00
101-125
$440.00
126-150
$470.00
151-175
$510.00
176-200
$540.00
201 plus
$620.00 For first 200 + $3.00 for each
additional head
625
625.04 Subd. 1
Fire Pump Installation and
Associated Hardware
$255.00
Dry Valve Assembly
$255.00
Hydrant Flow Test
$110.00
Standpipe Installation
$160.00
Each Additional Standpipe
$55.00
625
625.04 Subd. 1
Fire alarm & alternative fire
Then amount is:
suppression permit.
If total valuation of work is:
$1 to 500
$60.00 * minimum fee
501 to 2,000
$60.00 * for first $500 plus
$4.00 for each additional $100 or
fraction thereof to and including
2,001 to 25,000
$2,000
$120.00. *for the first $2,000 plus
$16.00 for each additional $1,000 or
25,001 to 50,000
fraction thereof to and including
$25,000
$488.00 *for the first $25,000 plus
50,001 to 100,000
$12.00 for each additional $1,000 or
fraction thereof to and including
$50,000
100,001 to 500,000
$788.00 *for the first $50,000 plus
$8.00 for each additional $1,000 or
fraction thereof to and
500,001 to 1,000,000
including $100,000
$1,238.00 *for the first $100,000 plus
$7.00 for each additional $1,000 or
1,000,001 and up
fraction thereof to and including
$500,000
$4,038.00 *for the first $500,000 plus
$6.00 for each additional $1,000 or
fraction thereof to and including
$1,000,000
$7,038.00 *for the first $1,000,000 plus
$5.00 for each additional $1,000 or
fraction thereof
605
605.05 Subd. 2
Code Compliance
$60.00 per hour with a minimum 1 hour
Inspection
fee. (includes supervision, code
review, inspections, overhead,
hourly wages and fringe benefits
of employees involved
721
721.03 Subd 1
Food Establishment
$150.00 Base fee
740
740.04
Multiple Dwelling Parking
$50.00 per single tract of land(may
Garage
contain more than one building
under same ownership)
740
740.04
Multiple Dwelling Parking
$90.00 per garage
-Garage
Inspection Fee
830
830.05 Subd. 2
Other Permit Related Fees
$60.00 per hour or the total hourly cost to
City, whichever is greatest.
(includes supervision, overhead,
equipment, hourly wages and
fringe benefits of employees
involved
900
900.07 Subd. 1
Liquor License Fees (per
$8,800.00 On -Sale intoxicating License -
year)
Restaurants only
$660.00 3.2 Beer License Off or On Sale
$91.00 per event — Temporary On -Sale
3.2 Malt Liquor
1105
1105.02
Service Availability Charge
$2,365.00Per SAC unit X number of SAC
(SAC)
units computed pursuant to
Subsection 1105.01 subd. 1 of
this code
1105
1105.02
Charge for Connection to
$840.00 Water connection charge per REC
City Water or Sewer
unit X number of SAC units
System
$420.00 Sewer connection charge per REC
unit X number of SAC units
1230
1230.10
Off -leash Dog Park
$25.00 Resident
1
$50.00 Non - Resident
Section 2. The effective date of this Ordinance shall be January 1, 2012.
First Reading: December 6, 2011
Second Reading:
Published:
Attest:
Debra Mangen -City Clerk James B. Hovland -Mayor
Ofve
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. VIII.E.
From:
Cary Teague
® Action
Planning Director
❑ Discussion
Information
Date: December 20, 2011
Subject:
Ordinance No. 2011 -20 concerning
real estate signs in the R -1 and R -2
Zoning Districts
Deadline
No Deadline
for a City
Decision:
ACTION REQUESTED:
Adopt the attached Ordinance amending the Sign Ordinance.
INFORMATION /BACKGROUND:
The City Council is asked to consider second reading of an Ordinance amendment
regarding the regulation of real estate signs in the R -1 and R -2 Zoning Districts. Based
on the Council recommendation at first reading, the Ordinance has been revised to
reduce the height limit from ten to eight feet. Also, councilmember Sprague has
provided .a real estate sign analysis that is attached.
The City recently received a complaint in regard to the size of a real estate sign in the
R -1 zoning districts. Upon investigation of the complaint, it was discovered that most all
of the existing for -sale signs in Edina don't conform the City's maximum size
requirement of six (6) square feet. A traditional "for- sale" sign is six square feet in size.
However, over time it has become standard to add signs to the original sign, including
open house information, web site information and real estate agent names. (See
attached examples.) The combination of all of these signs exceeds the maximum size
requirement.
Planning Commission Recommendation: On September 28, 2011, the Planning
Commission recommended approval of Ordinance No. 2011 -20, which increases the
size allowed for real estate signs in the R -1 & R -2 District from six to ten square feet in
size, to reflect the standard sign size used for real estate signs. Vote: 3 Ayes, 2 Nays.
ATTACHMENTS:
• Ordinance No. 2011 -20
• Planning Commission Staff Report, September 28, 2011
• Draft minutes from the September 28, 2011 Edina Planning Commission meeting
• Sign analysis provided by Councilmember Sprague
ORDINANCE NO. 2011-10
AN ORDINANCE AMENDMENT CONCERNING
REAL ESTATE SIGNS IN THE R -1 AND R -2 ZONING DISTRICT
The City Council Of Edina Ordains:
Section 1. Subsection 460.03. Subd. 8. is amended to read:
Subd. 8 Temporary For Sale Signs - Existing Buildings and Vacant
Land. A temporary sign may be erected for the purpose of selling or
leasing a residential or non - residential building or selling vacant land
provided:
A. Such signs shall not exceed 16 square feet for non - residential
buildings, residential buildings of ten or more dwelling units, or vacant
land. Provided, however, such signs may be increased to not more
than 32 square feet if the lot or tract abuts a highway with a speed limit
of 50 miles per hour or more and the sign is oriented to such highway.
Temporary signs for the purpose of selling or leasing one vacant lot in
the R -1 or R -2 Districts or a residential building of less than ten
dwelling units shall not exceed si* ten square feet. Signs shall be
removed within seven days after closing.
B. Only one such sign shall be permitted per building or vacant lot or
tract. If the building is one of two or more buildings which together
comprise a tract, then only one sign per tract shall be permitted.
C. Signs for non - residential projects shall be located no closer than 100
feet to any pre- existing residence.
D. Freestanding signs shall not exceed ten tig!lt tight feet in height.
E. All sign surfaces including legs and support members shall be painted
and maintained in a crack free and blister free condition.
Section 2. This ordinance is effective immediately upon its passage and
publication.
First Reading:
Second Reading:
Published:
ATTEST:
Debra A. Mangen, City Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on:
Send two affidavits of publication.
Bill to Edina City Clerk
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do
hereby certify that the attached and foregoing Ordinance was duly adopted by
the Edina City Council at its Regular Meeting of , 2011,
and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of
2011.
City Clerk
2
Edina Realty Inc Signage Configurations
Type
W
H
Area "
Area '
Broker Panel
23
36
828
5.75
Mobile/Text Rider (On Top)
12
18
216
1.50
Name Rider (Small)
6
24
144
1.00
Addl Rider (Website, Descriptive, or Sold)
6
24
144
1.00
1332
9.25
Broker Panel
23
36
828
5.75
Mobile /Text Rider (On Top)
12
18
216
1.50
Name Rider (Medium)
9
24
216
1.50
Addl Rider (Website, Descriptive, or Sold)
6
24
144
1.00
1404
9.75
Post Height (Uninstalled) 8'
Install Depth Range
Text Rider Height 1'
Post Height (Installed) Range 7.5 -8'
Coldwell Banker Burnet Signage Configurations
Type
W
H
Area "
Area '
Broker Panel
28
30
840
5.83
Mobile /Text Rider (On Top)
12
18
216
1.50
Name Rider (Small)
6
24
144
1.00
Addl Rider (Website, Descriptive, or Sold)
6
24
144
1.00
1344
9.33
Broker Panel
28
30
840
5.83
Mobile /Text Rider (On Top)
12
18
216
1.50
Name Rider (Medium)
9
24
216
1.50
Addl Rider (Website, Descriptive, or Sold)
6
24
144
1.00
1416
9.83
Post Height (Uninstalled) 8'
Install Depth Range
Text Rider Height 1'
Post Height (Installed) Range 7.5 -8'
Joyce Repya
From:
Sent:
To:
Subject:
Cary & Joyce -
Scott Neal
Sunday, October 23, 2011 8:50 PM
Cary Teague; Joyce Repya
FW: jtw- sign ordinance
Here's some sign input from John Wanninger.
Enjoy,
Scott
0
- - - -- Original Message---- -
From: Sprague, Josh fmailto :ioshsprague(@edinarealty.coml
Sent: Fri 10/21/2011 1:54 PM
To: Scott Neal
Subject: FW: jtw- sign ordinance
.. js
josh sprague, realtor
edina realty 6800 france
cell 612.501.0252
joshsprague.com
- - - -- Original Message---- -
From: John Wanninger [jwanninger @gmail.com]
Received: Friday, 21 Oct 2011, 1:47pm
To: Sprague, Josh [joshsprague @edinarealty.com]
Subject: jtw- sign ordinance
Josh,
I had Leonard McKinnon put these numbers together. I thought it would be helpful for the
council to have some perspective. As we all know, virtually every sign includes a name
rider, hotline, sold sign and possibly some other rider such as "reduced ", "open ",
"lakeshore ", etc.
I thought it would be good to look at the below numbers so we know where we stand regarding
future lawn sign ordinances.
Our standard sign panel is 28" by 30" = 840 square inches.
Our Home InfoLine Rider is 12" by 18" = 216 square inches
A standard name rider is 6" by 24" = 144 square inches
A large name rider is 9" by 24" = 216 square inches
Potential sign ordinance limits would be as follows:
6 Square feet = 864 square inches
Z Square feet = 1,152 square inches
_0 Square feet = 1,440 square inches
Potential sign configurations and,their area:
.Panel with standard rider =
984 square inches
Panel with two standard riders =
1,128 square inches
Panel with InfoLine rider and standard rider =
1,200 square inches
Panel with InfoLine rider and two standard riders = 1,344 square
inches
Panel with InfoLine rider and large rider =
1,272 square inches
Panel with InfoLine rider, standard rider and large rider = 1,416
square inches
Based on this analysis, even the 8 square foot ordinance seems inadequate because it does not
even allow our standard panel with the InfoLine rider and a standard hanging rider which is a
very basic sign configuration. I am thinking that it would be a good exercise to take some
photos of these various sign configurations so they could be available to the pertinent
parties so they can see that 8.33 square feet of sign area (panel plus InfoLine and small
rider) is not excessive.
'lope all is well in your new digs.
jtw
John T. Wanninger
iwannineer@ email. com <mailto:iwanninRer @p_mail.com>
JTW Partners, LLLP
Coldwell Banker Burnet
3033 Excelsior Blvd. Suite 100
Minneapolis, MN 55416
952.240.7600
2
� (_/ - �\ �,t � ��
SQAI
Zoning Ordinance Amendment — Revisions to Approved Site Plans
Planner Aaker informed the Commission the City Council had directed staff to draft an
ordinance amendment to clearly define when changes may be made to an approved
site plan. Aaker explained that currently the Edina ordinance wasn't clear on this.
Continuing, Aaker said that the draft ordinance would permit City staff the ability to
approve minor changes. Changes which affect the overall design of the property shall
be reviewed and processed by the Commission and Council in the same manner as
they reviewed and processed them.
Commissioner Carpenter said with respect to administratively approved changes to a
site plan up to a 5% increase or a total of 10,000 square feet (similar to Bloomington)
the 5% should be clearly identified. Carpenter said he doesn't want an applicant to
become serial and come in for an original 5 %, and at another time come in for another
5 %, and so on. Carpenter said in his opinion there should only be "one bite off the
apple ".
Chair Grabiel questioned if reduction in size needs review. Grabiel added that
Carpenters comment on serial changes was a good one and agrees that
administratively or otherwise one time should be it.
Commissioner Platteter said in his opinion the changes make sense.
The discussion ensued and Commissioners requested that Planner Teague revisit the
proposed amendment and focus particularly on the impact of decreases, notification of
changes (yes -no), and the 10,000 square foot allowance (seems too much).
Zoning Ordinance Amendment — Real Estate Sign Ordinance
Planner Aaker noted that recently the City received a complaint in regard to the size of
real estate signs in the R -1 and R -2 zoning districts. Aaker clarified that at this time the
City of Edina sign ordinance allows a traditional "for- sale" sign of six square feet.
However, over time it has become standard real estate practice to add signs to the
original sign, including open house information, web site information and real estate
agent names. Aaker said the City has researched "for- sale" signs and found the
industry standard had changed and the intent of the proposed ordinance amendment
was to respond to this change. Real estate signs are now commonly larger than the six
square feet presently allowed per ordinance.
Commissioner Potts said he agrees, adding that most real estate signs he sees had
"ad -ons" and he can support the amendment as proposed.
Page 9of11
Commissioner Platteter said he wasn't a fan of this amendment, adding that it's only his
opinion that real estate signs are large enough. Commissioner Forrest stated she
agrees with Platteter, adding just because industry standards change that doesn't mean
the Sign Code needs to change.
Commissioner Carpenter said that staffs research confirmed that industry standards
had changed due to a number of things (web) and if the ordinance wasn't amended to
recognize this change Edina would have a lot of non - conforming real estate signs.
Continuing, Carpenter said he is in favor of the proposed amendment, adding if
amended the ordinance would match what is occurring in the industry. Carpenter said
he wasn't in the real estate business and can't comment on what the reality business
believes was the appropriate size for signs.
Commissioner Forrest stated that the City shouldn't have to meet industry standards.
Commissioner Potts pointed out if the ordinance wasn't changed this could become an
enforcement issue. Planner Aaker agreed; she stated that the industry standard has
changed and enforcement would be difficult.
Commissioner Grabiel said he supports the amendment as proposed.
Commissioner Rock questioned what would happen if the ordinance standard changes
again.
Motion
Commissioner Carpenter moved to recommend adoption of the proposed
amendment to Edina's Sign Ordinance No. 460. Commissioner Potts seconded
the motion. Ayes; Carpenter, Potts, Grabiel. Nay; Platteter, Forrest. Motion
carried.
Zoning Ordinance Amendment — Utility and Mechanical Equipment
Planner Presentation
Planner Aaker told the Commission when York Gardens was constructed the
mechanical equipment became an issue. Aaker said that Edina and the majority of
cities do not require mechanical equipment to meet setbacks. At this time staff would
like to know if the City should require setbacks for utility equipment. Should the
requirement remain as it is today, and enforce setback regulations for all utility
equipment or should the City amend the zoning ordinance to exempt small utility
equipment and require setbacks for large equipment.
Page 10 of 11
I
r
0
Topic: Real Estate Sign Ordinance
Date Introduced: September 28, 2011
Date of Discussion: September 28, 2011
Why on the list: The City recently received a complaint in regard to the size of
real estate signs in the R -1 and R -2, zoning districts. Upon
investigation of the complaint, it was discovered that most all
of the existing for -sale signs in Edina don't conform the City's
maximum size requirement of six (6) square feet.
History: A traditional "for- sale" sign is six square feet in size. However,
over time it has become standard to add signs to the original
sign, including open house information, web site information
and real estate agent names. (See attached examples.) The
combination of all of these signs exceeds the maximum size
requirement.
Decision Point: Should the City expand its maximum size requirement for
real estate signs in the R -1 and R -2 Zoning Districts?
Options: 1. Leave the maximum real estate sign size requirement at six
(6) square feet.
2. Expand the maximum real estate sign size requirement.
For Discussion: Staff has done a survey of cities and discovered that many
allow more real estate signage than six (6) square feet. Of the
seventeen cities surveyed, ten allow more square footage.
See the chart below:
city
Maximum
Setback
Removal required
Size in
Maximum
Requirements
Low
Height
Density
Res.
District
EDINA
6 s.f.
10'
not in ROW
No regulation
Apple Valley
6 s.f.
8'
13'
No regulation
Blaine
10 s.f.
10'
remove 10 days after sale
Bloomington
10 s.f.
6'
10'
remove 7 days after sale closes
Burnsville
12 s.f.
8'
Coon
8 s.f.
10'
remove 10 days after term of
Rapids
use
Cottage
Grove
9 s.f.
not in ROW
remove 7 days after sale closes
Eagan
16 s.f.
not in ROW
Eden Prairie
6 s.f.
6'
10'
remove 7 days after sale
Hopkins
8 s.f.
5'
Lakeville
12 s.f.
6 /8'(MF)
15'
Maple
Grove
6 s.f.
**
remove 10 days after sale
Minnetonka
6 s.f.
6'
not in Row
Minneapolis
8 s.f.
6'
not in Row
New
Brighton
6 s.f.
7' from
pavement
Plymouth
8 s.f. * **
10'
St. Louis
Park
6s. f.
6'
25'
Apple Valley
6 s.f.
8'
13'
remove after sale
* Bloomington requires a 100 foot setback to residential parcels.
** Minnetonka requires a 200 foot setback to residential parcels.
** *Minneapolis requires a 20 -foot setback to residential parcels.
In its research into the size of the typical real estate sign, staff discovered that
the City of Bloomington's requirement of 10 square feet would be the appropriate
maximum size requirement that would match to common practice of real estate
signage. Therefore, staff would recommend the attached Ordinance Amendment.
The Ordinance does not propose a change in the height or setback requirement,
but does recommend that the sign be removed seven days after the closing on
the sale. �.
2
I
F
C
CITY OF
BLOOMINGTON
MINNESOTA
Residential Real Estate Sign
Information Sheet
A real estate sign Is any temporary sign placed In an
area by the owner or real estate company which
announces the sale, rental or lease of that property.
Property Sale or Lease Signs
Although a permit is generally not required, the signs are
subject to the following requirements when placed on the
residential property for sale or lease:
Number: One sign is permitted per street frontage with a
maximum of two per lot.
Location: Signs must be located on lots for sale or lease
and at least 10 feet from the public street right -of -way
(which is not the curb).
Size: Signs shall be a maximum of 10 square feet and six
feet high.
Time limit: Signs must be removed seven days after sale
closing.
Illumination: No illumination is allowed.
Other: Stringers, streamers and balloons less than 24
inches in diameter may be used.
0
0
Sale or Lease Sign
Illegal
on public -owned land
(City, School Districts,
State, etc.).
Illegal
on traffic island.
Illegal
on tree or other
natural feature.
LEGAL
10' from ROW, (no
sidewalk) on private
property.
Open House/
Directional Signs
Open HouseMirectional Signs
• Signs are only allowed when an agent is present at
the property for sale and open for viewing.
• Owner's permission is required if installed on
property.
Prohibited Signs
See "Prohibited Locations for Residential Real
Estate Signs" below.
Real estate signs are also prohibited in residential areas if
the sign:
• Interferes with clear view triangle (see below).
• Is portable.
• Is flashing.
A permit is required for any deviation from
— Intersection -
Clear View Triangle Areas maintain vehicle
visibility and prevent accidents. No sign can be
located within a clear view triangle area next to
driveways and street intersections.
Community Development Planning and Economic Dev.
1800 W. Old Shakopee Road
Bloomington MN 55431 -3027
Prohibited/Legal
Locations for
Real Estate
Signs
Illegal on utility pole.
Illegal on street sign, traffic
control device, fire hydrant.
LEGAL behind sidewalk on
private property.
Illegal between sidewalk
and street (within street
right -of -way).
PH 952 - 563 -8920 E -MAIL planning Qci.bloomington.mn.u-
FAX 952 - 563 -8949 www.ci.bloomington.mn.us
TTY 952 -563 -8740 web_52prealest pg2 o12 (12/03)
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Cary Teague
From: Deb Mangen
Sent: Thursday, December 15, 20119:42 AM
To: Cary Teague
Subject: RE: Attn: Mayor and Council - Real Estate Signs Code Amendment
I can't remember if I sent this to you or not.
Debra Mangen, MMC, City Clerk
952 -826 -0408 1 Fax 952 -826 -0390
Wangen@dedina.mn.us I www.C!tyofEdina.com
...For Living, Learning, Raising Families & Doing Business
We're a do.town ... workin to make the healthy choice the easy choice!
From: Julia Parenteau [mailto:juliap @mpisrealtor.com]
Sent: Friday, December 09, 20119:36 AM
To: Lynette Biunno
Cc: Cary Teague; Scott Neal; Deb Mangen; Mark Allen; Carl Linn
Subject: Attn: Mayor and Council - Real Estate Signs Code Amendment
Good Morning, Mayor Hovland and Members of the Council,
We respectfully submit the following and attached comments on the proposed Real Estate Sign Code amendment that
was read at the Tuesday December 6 Council meeting. We would like to recognize the City of Edina for taking this
positive step in assisting home sellers to quickly and effectively market their properties.
We would be happy to speak with you and /or your staff further on this issue; please feel free to contact Julia Parenteau
at any time.
Julia Parenteau
Public Affairs Director
Minneapolis Area Association of REALTORS®
p. (952) 988 -3124
e. iuliap mplsrealtor com
Mnn.r ..i
RCALTGR5°
December 9, 2011
Mayor James Hovland
Members of the Council
4801 W. 50th Street
Edina, MN 55424
Dear Mayor Hovland and Members of the Council,
We are writing on behalf of the nearly 7,000 REALTOR® members of the Minneapolis Area Association of REALTORS®
who list and show homes, as well as market the community, in Edina. Almost 400 of those members are residents of the
city, and have keen personal interests in the high quality of life cultivated there.
We would like to commend the Mayor and City Council of Edina for taking an active step in advancing the marketing
and sale of homes in your city. By acknowledging the necessity to update the city's sign regulations to reflect the needs
and desires of home sellers in the community, the Council has affirmed the value that comes when prospective buyers
are able to easily find the home of their dreams.
At the Council meeting on December 6, 2011, a concern was raised about real estate agents' lack of knowledge
regarding city regulations. The Minneapolis Area Association of REALTORS® continuously publishes local ordinances on
many issues, including sign regulations. All active REALTOR® members are expected to follow and uphold the laws in the
communities in which they work. Unfortunately, when city departments are limited in resources to consistently enforce
local regulations, both real estate practitioners and city staff can become confused about the definitions of those
regulations.
In the specific case of real estate signs, consumer demand for marketability and communication to prospective buyers
has lead to increased content (including text and web information) on for -sale signs, such as added sign riders above and
below the standard for -sale panel. This offers more choices of communication methods by which prospective buyers can
reach out to the listing agent and quickly receive information about the property, ultimately enabling transactions to
close more swiftly and efficiently.
It is never the REALTOR® industry's intent to disobey local regulations. As the practice of for -sale sign displays has
evolved, some agents have simply not understood that the add -ons to those signs moved them into violation of Edina's
sign ordinance. At the Association level, we have pledged to make a more concerted effort to clarify the definitions of
local ordinances in Edina and throughout the Twin Cities to ensure that our members fully understand the requirements
they must follow.
Ultimately, the Council's positive vote on December 20 to amend Edina's real estate sign code to allow 10 square feet of
sign display will enable home sellers in the City to be competitive with sellers in neighboring cities, especially in terms of
visibility and marketing. Prospective buyers will be able to easily contact listing REALTORS® for information and
showings, and Edina's many amenities will help seal the deals to bring new, energized residents into the city.
We look forward to working with you and your staff going forward. Please do not hesitate to contact us on any real
estate - related matter.
We thank you again for your consideration of these important issues, and for continuing to recognize the value and
benefit of smooth residential real estate transactions to both current and future Edina residents.
Kindest Regards,
Cari Linn
2012 President
Minneapolis Area Association of REALTORS®
Julia Parenteau
Public Affairs Director
Minneapolis Area Association of REALTORS®
p. 952 - 988.3124
e. iuliap mPIsrealtor.com
Cc: Cary Teague
Scott Neal
Debra Mangen
�1NA,
o Le
y
,aaa
REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item
Item No.
VIII.F.
From:
Debra Mangen
City Clerk
®
❑ .
❑
Action
Discussion
Information
Date: December 20, 2011
Subject:
Resolution No. 2011 -129 Accepting Various Donations
ACTION REQUESTED:
Adopt Resolution.
INFORMATION/BACKGROUND:
In order to comply with State Statutes, all donations to the City must be adopted by a
resolution approved by four favorable votes of the Council accepting the donation. I have
prepared the attached resolution detailing the various donors, their gifts and the recipient
departments for your consideration.
ATTACHMENT:
Resolution No. 2011 -129
RESOLUTION NO. 2011 -129
ACCEPTING DONATIONS ON
BEHALF OF THE CITY OF EDINA
City of Edina
WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or
personal property for the benefit of its citizens;
WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two
thirds majority of its members.
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere
appreciation the following listed donations on behalf of its citizens.
Edina Art Center:
William Herber $50.00 Diane Julien Canon Camera & Lenses
Grace Mary Ederer $30.00 Purpose Door Potters c/o Siiri Doan$250.00
Edina Communications Department:
Edina Community Foundation $638.91 Video Production Equipment
Edina Fire Department:
NC Little Memorial Hospice $1,000.00
Residential Mortgage Group $100.00 Brad Anderson
Edina Police Department:
NC Little Memorial Hospice $1,500.00
Dated: December 20, 2011
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 December 20, 2011, and as recorded in the
Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.CityofEdina.com
City Clerk
952 - 927 -8861
FAX 952 -826 -0390
TTY 952 - 826 -0379
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REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item VIII. G.
Susan Howl
® Action
From:
Administrative Assistant
Discussion
Information
Date: December 20, 2011
Subject:
SELECT DATE FOR 2012 ANNUAL DINNER MEETING WITH BOARDS
AND COMMISSIONS
ACTION REQUESTED: That the Council select one of the following dates for the
2012 Annual Dinner Meeting with Boards and Commissions at Centennial Lakes
at 5:00 PM:
• Monday, March 19th
• Wednesday, March 21St
• Monday, March 26th
• Thursday, March 29th
INFORMATION /BACKGROUND:
• This is a dinner meeting to introduce new board and commission members
and to recognize retirees.
• These dates do not conflict with evening advisory group meetings, spring
break or holy days.
• Easter Sunday in 2012 is April 8th. Passover is observed from April 6th
through April 14tH
• This year's event was held on Monday, March 21St
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REPORT /RECOMMENDATION
To:
MAYOR AND COUNCIL
Agenda Item VIII. H.
Susan Howl
® Action
'From:
Administrative Assistant
Discussion
Information
Date: December 20, 2011
Subject:
SELECT DATE FOR 2012 ANNUAL VOLUNTEER RECOGNITION
RECEPTION
ACTION REQUESTED: That the Council select one of the following dates for the
2012 Annual Volunteer Recognition Reception in the Braemar Room of the
Warren C. Hyde Clubhouse at 5:00 PM: (NOTE THE CHANGE IN LOCATION.)
• Wednesday, April 18th
• Monday, April 23rd
• Monday, April 30th
INFORMATION /BACKGROUND:
• Since it is no longer set up for this kind of activity, Edinborough Park
cannot be used as the venue. It would also mean a complete closing of the
Park and all its activities.
• These dates do not conflict with evening advisory group meetings, spring
break or holy days.
• Easter Sunday in 2012 is April Stn. Passover is observed from April 6th
through April 14tH
• This year's event was held on Thursday, April 28tH
4. 1�1
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REPORURECOMMEN DATION
To:
MAYOR AND COUNCIL
Agenda Item Item No. VI11.1.
From:
John Wallin
Finance Director
® Action
Discussion
Information
Date: December 20, 2011
Subject:
Ordinance No. 2011 -22 Setting 2012 Morningside Water Rate
ACTION REQUESTED:
Approve Ordinance 2011 -22 amending Morningside's water rate.
INFORMATION /BACKGROUND:
Minneapolis and Edina have entered into a contract whereas Minneapolis will charge Edina
62% of the Minneapolis inside City resident rate. The Minneapolis inside City resident rate
had been, adopted by the Minneapolis City Council at $3.20 which at the 62% would equal
an amount charged to Edina per unit of 100 cubic feet of $1.98. The total rate for 2012
would the Minneapolis rate of $1.98 plus Edina's consumption rate of $.38 to equal a total
water usage rate of $2.36 per 100 cubic feet. This rate would compare to $2.34 charged in
2011 ($1.98 Minneapolis rate and $.36 Edina consumption rate)
ORDINANCE NO. 2011-22
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The following described fees of Schedule A to Code Section 185 are amended to
read as follows:
SECTION
I SUBSEC.
PURPOSE OF FEE /CHARGE
AMOUNT
1100
1100.03
Water Service:
Sub. 2
2. For 1VMorningside area
$2.36 Per 100 cubic foot -
Morningside Area
Section 2. This Ordinance is effective for water billing after February 1, 2012.
First Reading:
Second Reading:
Published:
ATTEST:
Debra Mangen -City Clerk James B. Hovland -Mayor
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REPORURECOMMEN DATION
To: MAYOR AND COUNCIL Agenda Item IX. A.
DEBRA MANGEN Action
From: CITY CLERK
Discussion
Date: DECEMBER 20, 2011 ® Information
Subject: CORRESPONDENCE RECEIVED SINCE LAST COUNCIL MEETING
INFORMATION /BACKGROUND: Attached are copies of a -mails and letters received
since the last Council meeting.
INFORMATION /BACKGROUND: Attached are copies of a -mails and letters received
since the last Council meeting.
www.edincrealty.c:om
E D I N A R E A L T Y E D I N A R E A L T Y M O R T G A G E - E D I N A R E A L T Y T I T L E
December 16.2011
Mayor and City Council
4801 West 50`h Street
Edina, MN, 55424
7wxiMW 11
Re: Ordinance No. 2011 -20 /Real Estate Signs in R -1 and R -2 Zoning Districts
Dear Mayor and Council Members:
I am writing in support of the City Planning Commission's recommendation to amend the City's
ordinance to allow real estate marketing signs up to ten square feet in size in residential
neighborhoods. This letter constitutes the position of Edina Realty, Inc. ( "Edina Realty ") on this
issue.
It has come to our company's attention that, over time, many of the real estate brokers in the city
have fallen out of compliance with the existing ordinance. As a member of the Edina business
community for more than fifty years, we regret any noncompliance on our company's part, and
we welcome this opportunity to realign the ordinance with current business practices.
To effectively market a property in today's environment, it is important to offer information in a
way that is relevant to today's consumer — particularly when these consumers drive by a property
of interest. Today's buyer expects not only the agent's name on the sign, but also options for
accessing information via text, over the phone, or on the internet. "These changes have driven the
addition of information on For Sale signs, but I must emphasize that they are marker- driven
changes, necessitated by the variety of ways that consumers expect to communicate. Simply put,
not all methods work for all consumers, so providing options is critical.
Moreover, sellers have also driven additions to the signs. Today's seller expects our company to
say something unique about the property for sale via the sign — information such as: "Price
Reduced "; "Waterfront "; "Swimming Pool "; "Gorgeous Kitchen "; etc. This demand is reflected
on many signs today, and it is important to note that the demand is coming from the residents of
the City themselves.
Executive Offices 6800 France Avenue South, Suite 600 Edina, MN 55435 PHONE 952.928.5900 FAX 952.928.5725
If the ordinance is not adapted to what has organically evolved to meet buyer and seller needs,
the result will not be the removal of information that consumers require; in our judgment, it will
be the redesign of the existing signs for the Edina community. This would result in significant
expense to the company and its agents. The expense would not just involve signs, the posts will
likely have to be redesigned to accept the redesigned signage. 1 believe other brokers would be
affected in the same way.
Mayor and Council Members, our goal has long been to advertise as effectively as possible in
order to sell. a property as quickly as possible — it's what we do as a company, and 1 believe we
do it well. The sale of houses, particularly over the last few years, certainly has benefits to the
overall City economy. Enforcing a signage ordinance that is at odds with existing practices will
cause additional stress that, frankly, would be best avoided in this industry.
For these reasons, Edina Realty wholeheartedly supports the proposal to modernize this zoning
standard.
Sincerely,
r
Lynn Clare, Vice President,
Marketing, Edina Realty, Inc.
Susan Howl
Greetings,
I am writing by e-mail because I am not able to attend tonight's City Council meeting, but would otherwise communicate my thoughts to
the Council in the Community Comment section of this December 6 meeting.
I would like to register my dissatisfaction with the 25 mph speed limit on 70`h Street, between highway 100 and France Ave. and request
that the Council consider reverting back to the original, long- standing road speed limit of 30 mph.
After a recent lengthy conversation with Jack Sullivan to register my complaint, I understand that the new speed limit was established
primarily due to neighborhood feedback in the redesign planning process. I have lived in the neighborhood for 8 years, and was aware
of and participated as a resident in the planning process. At the time, there were a great many proposals and possibilities on the table,
causing some confusion and overwhelm; it was very hard to keep track of what was happening with the process, and stay
knowledgeable on specifics.
I propose that the City, .while commendably attempting to gather resident input, did not receive adequate (thorough enough) resident
input on the question of the speed limit.
note that, during the planning deliberations, a 70`h Street home owner and strong advocate for the 25 mph limit was campaigning for
the Council and now sits on the Council, and has therefore more power than the average resident.
I do not believe that the 25 mph speed limit best serves the community of Edina, and here are 7 good reasons why:
• It is an efficiency impediment on a major throughway of the city
701h is not an incidental street; there is no other means of traveling east or west at that latitude — everyone must travel it, which
as you know is many hundreds (thousands ?) of cars daily. The requirement for travel on 701h compels the Council to be as
generous as possible regarding traveler speed.
• The new stoplight at West Shore Drive now adequately and sufficiently serves to impede speed (keep traffic docile and speed -
resistant), making the lower speed limit unnecessary
• It irritates people
• It causes drivers to cut through quieter, more residential side streets that are not plagued by the lower speed limit, frustrating
the "victim" residents of those streets, potentially permanently
• A 25 mph speed limit is not becoming to, nor reflects favorably on, a city of Edina's stature, which is investing in its
cosmopolitan identity and prime location as an immediate suburb of the major city of Minneapolis — 25 mph speed limits are
what small, fading towns are made of (and if people keep paying higher taxes even when their property values drop, one
would certainly expect the value of residency to continue to rise to account for the higher property taxes -- a 25 mph is a
disincentive to continue residency — I know because I'm thinking of moving because of it)
• 30 mph is more than adequate to serve the city's interest, and provides the best balance between respect for traffic flow and
reasonable speed
The people who voted for this speed limit are highly likely to live on this street (and if you have evidence of who voted for it, I think it
would be worthwhile for the city to examine the proximity of these residents to the street). I understand their interest in keeping the
speed down. However, these residents did in fact choose to purchase a house on this main artery when the speed was 30 mph, which
is by all accounts a very reasonable city speed limit (as proven by the fact that all city of Edina streets are 30 mph in normal
circumstances, except for this one).
If the Council were to more broadly request resident input into the speed decision, I highly doubt that the 25 mph speed would stand. It
is unnecessary and wasteful of people's time and patience.
Please reconsider
Sincerely,
Michele Debrey
7112 Glouchester Ave.
Edina
952 - 920 -3399
Susan Howl
From:
Lynette Biunno
Sent:
Friday, December 09, 2011 2:37 PM
To:
Scott Neal
Cc:
Susan Howl
Subject:
FW: Mayor Hovland, Council Members and Manager Scott Neal
Hello there,
This message has been forwarded to the Mayor and Council members and Scott Neal.
Lynette Biunno, Receptionist
r'y
952-927-88611 Fax 952 - 826 -0389
Ibiunno(&ci.edina.mn.us I www.CitvofEdina.com
...For Living, Learning, Raising Families && Doing Business
We're a do.town ... working to make the healthy choice the easy choice!
......._........_.. _,. _... .,._._.._.
From: LOIS RING [mailto:llydesigns(@msn.coml
Sent: Friday, December 09, 2011 1:34 PM
To: Lynette Biunno
Cc: Bill McCabe; Michael Frey
Subject: To: Mayor Hovland, Council Members and Manager Scott Neal
Re: Article in Edina Sun / Southdale requests for funding /loan
EMVED
DEC 16 2011
I read with interest the reports on the request from Simon Properties and Southdale to the City for
financial assistance.
This would be an ideal time to negotiate for space for the Art Center at Southdale. I have been a
proponent of this idea for some time. The advantage for the Art Center is it would bring greater
visibility to the arts. The advantage to Simon Properties is that it would bring a mixed group of
shoppers to the center. The consultants hired to evaluate the Art Center might include this in the
evaluation.
This should be very timely as the discussion continues re the cost of running the Art Center and it's
limitations at the present location.
Sincerely,
Lois Ring, Chair Edina Public Art Committee
Susan Howl_;
From: Lynette Biunno
Sent: Monday, December 12,2011 9:06 AM
'To: Cary Teague; Arlene Forrest; Floyd Grabiel; Jeffrey Carpenter; Ken Potts; Kevin Staunton; matt rock; Melissa Stefanik;
Michael Fischer; Michael Platteter (platteters @comcast.net); Michael Schr edf V
Cc: Susan Howl IJ I�
I�
Subject: FW: Subdivision
DEC 16 2011
Good morning, I
This message has been forwarded to the Mayor and Council members, Planning Commission members and Cary Teague.
Lynette Biunno, Receptionist
952 -927 -8861 1 Fax 952- 826 -0389
Ibiunno @ci.edina.mn.us www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business
- - - -- Original Message---- -
From: Kitty O'Dea f mailto:kodea.mn @gmail.coml
Sent: Saturday,'D'ecember 10, 20113:55 PM
To: Lynette Biunno
Subject: Subdivision
Jennifer, I.think this should go to City Council and the Planning
Commission. IS there anyone else who will weigh in on this matter?
If so, please forward to them.
To: City Council and Edina Planning Commission:
I noticed that there is a proposal to subdivide a corner lot on Wooddale and Woodland Road. That neighborhood is.
known for is wide, lots and a subdivision, even at the edge of the neighborhood, would be inconsistent with the look and
feel of the neighborhood. I hope that you vote against any subdivision on that property.
In addition, if the subdivision is not granted, I hope there is some way for the City to insure that whatever home is build
there is properly - positioned on the site. It would be a shame to have another Brookview happen.
Sincerely
Kitty O'Dea
4610 Bruce Avenue
Edina, MN 55424 .
1
Susan Howl
From:
Lynette Biunno
Sent:
Wednesday, December 14, 2011 1:00 PM
Cc:
Susan Howl
Subject:
FW: Southdale
DEC 16 2011
r Lynette Biunno, Receptionist
952 - 927 -8861 1 Fax 952 - 826 -0389
Ibiunno6ci.edina.mn.us I www.CitvofEdina.com
��. For Living, Learning, Raising Families 5&. Doing Business
We're a do.town ... working to make: the healthy choice= the easy Choice!
From: Kevin Becker jmailto:kevinmbecker @yahoo.com]
Sent: Wednesday, December 14, 2011 11:56 AM
To: Lynette Biunno
Subject: Southdale
Dear Mayor Hovland,
I was very surprised to read in last week's Sun Current that the majority of the Edina City Council is supportive of a $5.38
million subsidy to Simon Property Group, Inc. As a resident of Edina, I believe the city is a great place to live and I am
very supportive of encouraging economic development. However, as stewards of taxpayer's money, the city needs to be
judicious in its use of public funds. If the city is going to invest $5.38 million, there needs to be strong evidence of an
appropriate return, and should only be appropriated when the city is the most effective and efficient entity in providing
such infrastructure or services.
I fail to see how the potential $5.38 million subsidy will provide an appropriate return and don't understand why the city
should be making cosmetic upgrades to a mall owned by a $50 billion REIT. In fact, Simon agrees that the subsidy won't
result in a return of substantially higher taxes to the city. The Sun Current article quotes Bill Hammer, vice president of
development for Simon, as saying "...the cosmetic work is not expected to generate a substantial amount of new
assessed value, as an addition might ". Without a return to the city from higher taxes, Simon appears to justify their grant
request by creating more economic activity and jobs. Bill Hammer is quoted as saying "The company believes the
renovation would bring Southdale Center from a current occupancy rate of 81 percent to 91 percent, add jobs and make
the surrounding area more attractive to other businesses." I question how new signage and decorative wood features will
drive up occupancy by 10 %. If that statement is true, then Simon has sufficient financial incentive to make the investment
without the city's help. That comment requires further justification, since Simon's 2010 Annual Report lists Southdale's
occupancy rate at 91%, well above the 81% quoted in the article. Lastly, Simon's threat of pulling its Southdale
investment in support of other projects appears to be hollow. Simon's $22 million investment in Southdale earlier in the
year resulted in a 13% return, according to its April 29, 2011 filing with the Securities and Exchange Commission. That
return was higher than any of Simon's other development projects during the same period, according to the same filing.
As a resident of Edina, I appreciate your service to the city and to its residents. I urge you to avoid using our taxpayer's
money to subsidize cosmetic upgrades to Southdale. Edina should lead with its strengths as a great place to live and
attractive place to conduct business as it competes for economic development dollars. With a strong economic base, low
taxes and favorable resident demographics, Edina is ahead of its competition. For cities that lack the vibrancy of Edina,
direct subsidies can be viewed as the only option to lure businesses. We shouldn't avoid falling into that trap, and should
continue to invest in our community wisely. If you disagree with me, I would appreciate an explanation on how Edina
taxpayer's will receive a return on their investment.
Sincerely,
Kevin Becker
4610 Drexel Ave
Susan Howl
From: Lynette Biunno
Sent: Wednesday, December 14, 2011 1:28 PM
Cc: Susan Howl
(�LA 2 2 p�
W C E 0 VY E D
Subject: FW: Southdale
DEC 16 2011
Lynette Biunno, Receptionist
952-927-88611 Fax 952 - 826 -0389
Ibiunno @ci.edina.mn.us I www.CitvofEdina.com ...For Living, Learning, Raising Families & Doing Business - - - -- Original
Message---- -
From: Don Hykes f mailto:dhykes @comcast.netl
Sent: Wednesday, December 14, 20111:23 PM
To: Lynette Biunno
Subject: Southdale
I find it hard to believe that the Edina City council is considering a grant or loan in excess of 5 million dollars to Southdale
to improve the property. As a tax payer for over 25 years in Edina I strongly object to this. Southdale is owned by a
private firm and if they want to improve the property it is up to them to pay the cost. I also understand that the tax
benefit of Southdale goes to Richfield schools so let them go begging to Richfield. There are many homes in Edina that
are in need of improvement but the tax payers don't and shouldn't pay to upgrade their homes.
Don Hykes
5527 W 70th Street
Susan Howl
i
From: Leslie Nicholson [mailtomicholsonlaO)rnsn.coml
Sent: Wednesday, December 14, 20114:07 PM
To: ionibennettl20)comcast.net; Mary Brindle; joshsprayue6aedina realty. com; 'ann swenson'
Cc: Lynette Biunno
Subject: Edina City Council
City Council Members —
The Edina Swim Club filed our brief with the City this morning, in preparation for Tuesday's City Council meeting where
you will discuss a priority policy for the Edina Aquatic Center. I kindly request an opportunity to meet with you to discuss
the swim club's position and to answer any questions you may have.
John Keprios and Scott Neal have hard copies of the Edina Swim Club brief, as well as an electronic copy for your
convenience.
I appreciate any amount of time you are able to offer.
Thanks,
Leslie Nicholson
Edina Swim Club President
1
Susan Howl
From: Lynette Biunno
Sent: Friday, December 09, 2011 9:40 AM
Cc: Susan Howl
Subject: FW: Attn: Mayor and Council - Real Estate Signs Code Amendment
Attachments: MAAR Sign Comments Dec 9 2011.pdf
Lynette Biunno, Receptionist
952- 927 -8861 1 Fax 952 - 826 -0389
Ibiunno @ci.edina.mn.us I www.CityofEdina.com
...For Living, Learning, Raising Families & Doin • Bi sines
. 6 t, 6 }>
We're a do_town ... working to make the healthy choice the easy choice!
From: Julia Parenteau [mailto:juliap @mplsrealtor.com]
Sent: Friday, December 09, 20119:36 AM
To: Lynette Biunno
Cc: Cary Teague; Scott Neal; Deb Mangen; Mark Allen; Cari Linn
Subject: Attn: Mayor and Council - Real Estate Signs Code Amendment
Good Morning, Mayor Hovland and Members of the Council,
We respectfully submit the following and attached comments on the proposed Real Estate Sign Code amendment that
was read at the Tuesday December 6 Council meeting. We would like to recognize the City of Edina for taking this
positive step in assisting home sellers to quickly and effectively market their properties.
We would be happy to speak with you and /or your staff further on this issue; please feel free to contact Julia Parenteau
at any time.
Julia Parenteau
Public Affairs Director
Minneapolis Area Association of REALTORS®
p. (952) 988 -3124
e. luliap @mplsrealtor.com
t �
December 9, 2011
Mayor James Hovland
Members of the Council
4801 W. 50th Street
Edina, MN 55424
Dear Mayor Hovland and Members of the Council,
We are writing on behalf of the nearly 7,000 REALTOR® members of the Minneapolis Area Association of REALTORS®
who list and show homes, as well as market the community, in Edina. Almost 400 of those members are residents of the
.ity, and have keen personal interests in the high quality of life cultivated there.
We would like to commend the Mayor and City Council of Edina for taking an active step in advancing the marketing
and sale of homes in your city. By acknowledging the necessity to update the city's sign regulations to reflect the needs
and desires of home sellers in the community, the Council has affirmed the value that comes when prospective buyers
are able to easily find the home of their dreams.
At the Council meeting on December 6, 2011, a concern was raised about real estate agents' lack of knowledge
regarding city regulations. The Minneapolis Area Association of REALTORS® continuously publishes local ordinances on
many issues, including sign regulations. All active REALTOR® members are expected to follow and uphold the laws in the
communities in which they work. Unfortunately, when city departments are limited in resources to consistently enforce
local regulations, both real estate practitioners and city staff can become confused about the definitions of those
regulations.
In the specific case of real estate signs, consumer demand for marketability and communication to prospective buyers
has lead to increased content (including text and web information) on for -sale signs, such as added sign riders above'and
below the standard for -sale panel. This offers more choices of communication methods by which prospective buyers can
reach out to the listing agent and quickly receive information about the property, ultimately enabling transactions to
close more swiftly and efficiently.
It is never the REALTOR® industry's intent to disobey local regulations. As the practice of for -sale sign displays has
evolved, some agents have simply not understood that the add -ons to those signs moved them into violation of Edina's
sign ordinance. At the Association level, we have pledged to make a more concerted effort to clarify the definitions of
local ordinances in Edina and throughout the Twin Cities to ensure that our members fully understand the requirements
they must follow.
Ultimately, the Council's positive vote on December 20 to amend Edina's real estate sign code to allow 10 square feet of
sign display will enable home sellers in the City to be competitive with sellers in neighboring cities, especially in terms of
visibility and marketing. Prospective buyers will be able to easily contact listing REALTORS® for information and
showings, and Edina's many amenities will help seal the deals to bring new, energized residents into the city.
We look forward to working with you and your staff going forward. Please do not hesitate to contact us on any real
estate - related matter.
We thank you again for your consideration of these important issues, and for continuing to recognize the value and
benefit of smooth residential real estate transactions to both current and future Edina residents.
Kindest Regards,
Cari Linn
2012 President
Minneapolis Area Association of REALTORS®
Julia Parenteau
Public Affairs Director
Minneapolis Area Association of REALTORS®
p. 952 - 988.3124
e. iuliap@mplsrealtor.com
Cc: Cary Teague
Scott Neal
Debra Mangen
Susan Howl
Subject: Edina Housing Statistics - November 2011
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 as a whole. These reports describe our market in November 2011. Please
let me' know if you have any questions.
As a reminder, 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.mPIsrealtor.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.mplsrealtor.com/
(December 12, 2011) - Last month, the number of homes for sale in the 13- county.Twin Cities metropolitan area
plunged nearly 24.0 percent from last year to 19,516 — the lowest November inventory reading since 2004. In addition,
November 2011 marked only the third month in more than five years (68 months to be precise) where there was less
than six months supply of inventory. Sellers listed 4,102 new homes on the market, down 13.6 percent from last year.
Buyers entered into 3,321 purchase agreements, up 30.2 percent over November 2010.
"Despite the dramatic drop in inventory, prices are still bound by distressed activity, budget- conscious consumers and a
general sense of economic uncertainty," said Brad Fisher, President of the Minneapolis Area Association of REALTORS®.
Some sellers are already starting to benefit from less competition. The share of asking price that sellers receive at sale
has posted year- over -year increases for the fourth consecutive month. In November, sellers received an average of 90.9
percent of their asking price. That figure was likely helped by the 30.6 percent decrease in months' supply of inventory —
currently at 5.7 months. Generally, 5 to 6 months is considered balanced.
The.median home price was down 10.1 percent from November.2010 to $149,250. Lender - mediated activity
(for,.eclosures and -short sales):,'comprised 44.1 percent of all closed sales and 41.9 percent of new listings. The first and
fourth quarters of the year tend :to_see the most distressed sales and listing activity. Consequently,, traditional prices fell
9.2 percent to $187,400,,foreciosure prices dropped 14.3 percent to $98,500 and short sale prices were down 11.5
percent to $130,000.
Julia Parenteau
Public Affairs- Director
Minneapolis Area Association of REALTORS®
p.1952).98&-3124
e. juliap @mplsrealtor.com
Local Market Update B6 November 2011
A i!ii?k3[. ,h fi '''OC)I.. Pf:(iVl(;E:.f:i c THE MINNEAPOLIS AREA ASSOCIATION OF REALTORSO
Twin Cities
MINNU.APOIAS A' F.A Asst ::nci°n
vi REALTORS*
-13.6% +17.8% -10.1%
- - - - - - - - - - - - - -
Change in Change in Change in
New Listings Closed Sales Median Sales Price
---------------------------------- - - - - --
%
November
+/-
77,976
2010
2011
34,653
New Listings
4,748
4,102
-13.6%
Closed Sales
2,585
3,044
+17.8%
Median Sales Price-
$166,000
$149,250
-10.1%
Average Sales Price`
$215,639
$191,932
-11.0%
Price Per Square Foot`
$101
$92
-8.7%
Percent of Original List Price Received`
90.0%
90.9%
+1.0%
Days on Market Until Sale
138
135
-1.7%
Inventory of Homes for Sale
25,547
19,516
-23.6%
Months Supply of Inventory
8.2
5.7
-30.6%
7oem n al look axfio
(. dus 1 -> smalr
:ffiph size.
November 2010 ■ 2011
Year to Date
4,748
4,102
77,976
65,420
Year to Date
2010
2011
+/-
77,976
65,420
-16.1%
34,653
37,519
+8.3%
$170,000
$152,500
-10.3%
$212,625
$195,552
-8.0%
$105
$94
-10.4%
92.6%
90.6%
-2.1%
127
143
+12.6%
2010 ■ 2011
New Listings Closed Sales New Listings Closed Sales
Change in Median Sales Price from Prior Year (6 -Month Average)" Twin Cities Region
+10%
+5%
0%
-5% _ o,
-10%
-15% '.
-20%
-25%
1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011
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t. ) ::.,r SCRt:� .., �, "I.,,'i 1( ..:H,..:.•I S:;(): ...(�. ..�'1 �� •;.r ril .1 9 .. ..,,,I i'.tt, ::(:�. v,?-ape . ,. .. , .� .... � ... ,�„ � ... . , r. J, .. .. I i
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Local Market Update -- November 2011
A Rf:SEAR,1 -, 1 'T 00i..- FI' ;0\ADii.fi 13Y if if.. - MINNEAPOLIS AREA ASSOCIATION OF REALTORSte;
4e'
MINNEAPOLIS APEA A-C n:i-
<-r REALTORS"
68 63 1,368
1,213
-7.4% -12.2%
New Listings Closed Sales
-11.3% +2.9%
New Listings Closed Sales
Change in Median Sales Price from Prior Year (6 -Month Average)"
+15%
+10%
0%
-5%
-10%
r<
-15%
-20%
Twin Cities Region
Edina
-25% _ ...
1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011
w"! ... t. cF:tn r :+.,�tyai 1, C, p, , i t .: ±;,. _.I.. ^i +, •n .d', - .,,, •i 1- i .... ,t ^I,o•. i i,,.„ ,_i.., M •r .r.
tl. 7. - I'..- ,, .'.r ,7; r,.f1 li , !i , fl',l l',. ,. ...,. _ ..1, 1(K 7,... ,.rn, �F.d'3r.. •i .., ..rr r. .•.a��a.1, .4 :., .....,�„ ,
-7.4%
-12.2%
+10.6%
----------------------------------------
Change in
Change in
Change in
Edina
New Listings- - - - -
- - -
- Closed Sales - -
- - Median Sales Price
-
November
Year
to Date
2010 2011
+ / - 2010
2011 + /
New Listings
68 63
-7.4% 1,368
1,213 -11.3%
Closed Sales
49 43
-12.2% 592
609 +2.9%
Median Sales Price"
$330,000 $365,000
+10.6% $338,750
$345,000 +1.8%
Average Sales Price`
$488,153 $468,560
-4.0% $426,536
$440,803 +3.3%
Price Per Square Foot"
$217 $219
+1.2% $213
$210 -1.2%
Percent of Original List Price Received'
91.0% 89.7%
-1.4% 91.1%
90.6% -0.5%
Days on Market Until Sale
172 144
-15.9% 152
146 -3.8%
Inventory of Homes for Sale
465 428
-8.0% --
-- --
Months Supply of Inventory
8.7 7.6
-12.3% --
-- --
' �:o•x, n0k ac:,;auru for scac: ..i ain;c�ssiorr.,. A;ti•air, for , "no
nr-niri ; ;n ,a,rci,mes Ipak c,x rr.• I1 -� clue. W t:nia
November
2010 2011 Year to Date
2010 .2011
68 63 1,368
1,213
-7.4% -12.2%
New Listings Closed Sales
-11.3% +2.9%
New Listings Closed Sales
Change in Median Sales Price from Prior Year (6 -Month Average)"
+15%
+10%
0%
-5%
-10%
r<
-15%
-20%
Twin Cities Region
Edina
-25% _ ...
1 -2008 7 -2008 1 -2009 7 -2009 1 -2010 7 -2010 1 -2011 7 -2011
w"! ... t. cF:tn r :+.,�tyai 1, C, p, , i t .: ±;,. _.I.. ^i +, •n .d', - .,,, •i 1- i .... ,t ^I,o•. i i,,.„ ,_i.., M •r .r.
tl. 7. - I'..- ,, .'.r ,7; r,.f1 li , !i , fl',l l',. ,. ...,. _ ..1, 1(K 7,... ,.rn, �F.d'3r.. •i .., ..rr r. .•.a��a.1, .4 :., .....,�„ ,
• Providing
0 o w
ry
-o
-o 0
c, o
Z
H 0
C
� a
3 a'
Compassion
December 5, 2011
N. C. Little Memorial Hodpice, Inc.
Chief Marty Scheerer
Edina Fire Department
4801 West 50th Street
Edina, Mn 55424
Re: Gift of appreciation
Dear Chief Scheerer:
On behalf of all of us at Little Hospice, "thank you" for the extraordinary service you and your team
of outstanding paramedics and firefighters provide to our community.. As you know, we have had
occasion to call upon the services of your professionals on several occasions, and just could not be
more pleased with the response, competence of the responders and their sensitivity and kindness.
We are a non - profit corporation, not paying any taxes to the city, but realize we benefit greatly by
the services available and provided, none more important than what you offer. To that end, I feel it
appropriate to do what we.can to show our appreciation. I am enclosing a check in the sum of
$1,000 made payable to the Edina Fire Department to be used in any way you would choose.
Thanks for all you do! Blessings....
Sincerely,
N. C. Little Memorial Hospice, Inc.
Robert J. Solheim
Director
70194nnzarLane • Eduza, MN55455.952.928.9594 • f—:95-2.925.3578 • uwud ttlthoepiee.org
December 9, 2011
Mayor James Hovland
Members of the Council
4801 W. 50th Street
Edina, MN 55424
Dear Mayor Hovland and Members of the Council,
L"WA
MINNEAPOLIS AREA Association
of REALTORS®
We are writing on behalf of the nearly 7,000 REALTOR® members of the Minneapolis Area
Association of REALTORS® who list and show homes, as well as market the community, in Edina.
Almost 400 of those members are residents of the city, and have keen personal interests in the high
quality of life cultivated there.
We would like to commend the Mayor and City Council of Edina for taking an active step in advancing
the marketing and sale of homes in your city. By acknowledging the necessity to update the city's
sign regulations to reflect the needs and desires of home sellers in the community, the Council has
affirmed the value that comes when prospective buyers are able to easily find the home of their
dreams.
At the Council meeting on December 6, 2011, a concern was raised about real estate agents' lack of
knowledge regarding city regulations. The Minneapolis Area Association of REALTORS® continuously
publishes local ordinances on many issues, including sign regulations. All active REALTOR® members
are expected to follow and uphold the laws in the communities in which they work. Unfortunately,
when city departments are limited in resources to consistently enforce local regulations, both real
estate practitioners and city staff can become confused about the definitions of those regulations.
In the specific case of real estate signs, consumer demand for marketability and communication to
prospective buyers has lead to increased content (including text and web information) on for -sale
signs, such as added sign riders above and below the standard for -sale panel. This offers more
choices of communication methods by which prospective buyers can reach out to the listing agent
and quickly receive information about the property, ultimately enabling transactions to close more
swiftly and efficiently.
5750 LINCOLN DRIVE P. 952.933.9020 www.mpisrealtor.com
MINNEAPOLIS, MN 55436 -1694 F. 952.933.9021
-mC
x RFAuar
4%
MINNEAPOLIS AREA Association
-f REALTORS®
It is never the REALTOR® industry's intent to disobey local regulations. As the practice of for -sale sign
displays has evolved, some agents have simply not understood that the add -ons to those signs
moved them into violation of Edina's sign ordinance. At the Association level, we have pledged to
make a more concerted effort to clarify the definitions of local ordinances in Edina and throughout
the Twin Cities to ensure that our members fully understand the requirements they must follow.
Ultimately, the Council's positive vote on December 20 to amend Edina's real estate sign code to
allow 10 square feet of sign display will enable home sellers in the City to be competitive with sellers
in neighboring cities, especially in terms of visibility and marketing. Prospective buyers will be able
to easily contact listing REALTORS® for information and showings, and Edina's many amenities will
help seal the deals to bring new, energized residents into the city.
We look forward to working with you and your staff going forward. Please do not hesitate to contact
us on any real estate - related matter.
We thank you again for your consideration of these important issues, and for continuing to recognize
the value and benefit of smooth residential real estate transactions to both current and future Edina
residents.
Kindest Regards,
Cari Linn
2012 President
Minneapolis Area Association of REALTORS®
Julia Parenteau
Public Affairs Director
Minneapolis Area Association of REALTORS®
p. 952 - 988.3124
e. juliap @mplsrealtor.com
Cc: Cary Teague
Scott Neal
Debra Mangen
5750 LINCOLN DRIVE P. 952.933.9020 www.mpisrealtor.com
MINNEAPOLIS, MN 55436.1694 F. 952.933.9021
4808. Bywood Street West 1 E. I O V
Edina MN 55436 DEC 07 20
December 4, 2011 I
James Hovland
Mayor
Edina MN
Dear Mr. Hovland:
I am concerned about the coyotes the Edina and am writing today to solicit your help in getting rid of
them.:
•My story is shown below. An abbreviated version of this letter was given to the Edina Sun today.
Thanks in advance for any help possible.
If you have an interest in contacting me, I can be reached at the above add_ ress and at work 952 928
7078, cell 952 380 6529 and at hipaull01 @gmail.com
Cordially,
1
Paul Smith
LETTER TO THE EDITOR
December 3, 2011
Coyote Ate My Dog
OK, the above title is an exaggeration. But not by much. Yesterday we let our 2 dogs out late at night
for a final restroom break before going to sleep. A Golden Retriever and a Pomeranian. Two really neat,
lovable dogs. A few minutes later we heard an awful, blood - curdling scream. My wife rushed outside
into our backyard to see our Pomeranian in a coyote's mouth! She screamed at the coyote and at that
same moment our Golden Retriever came around the corner to see what was causing all the racket.
Either my wife's scream or the sight of the larger dog caused the coyote to drop-the Pomeranian on the
ground. It quickly scampered into the house. \ But the coyote didn't move. My wife then noticed that
there was a second coyote. Now they were both about 12 feet from my wife and Golden, and they just
stood there. Like they were saying, "we're not afraid of you!"
They left our yard a few moments later, and my wife and I rushed to see how the Pomeranian was. He
was injured and frankly, seemed scared to death. We tried to calm him down with a few gentle pets,
but each time we touched him he screamed out in pain.
As I write this a day later, we still don't know how he is going to be. Or, even if he is going to live.
Coyotes have been seen repeatedly in our Edina neighborhood for 2 or 3 years now. We've seen them
ourselves in our yard at all times of the day or night, maybe 10 times. They were interesting to see and
seemed harmless enough. But now we understand that we were just fooling ourselves. Coyotes in
Edina are not harmless. They are carnivores who survive by eating other animals. While in our yard
they are searching for prey.
We don't understand why our city officials are not doing something about them. Are they waiting for a
young child to get killed? Isn't government's highest calling to protect the citizens?
If you have a small pet or young child, I caution you not to leave them alone in your yard for even a
moment. Who knows if there is a coyote nearby looking for his next meal?
If you have any connection to Edina officials, please encourage them to act now. And if you don't, but
want to help, report any coyote sightings or incidents to me at CoyoteslnEdina @gmail.com. I will pass
the information along to anyone I think could help.
owe t4
(J)
0
\�roRPOR%`T9
see
REPORPRECOMMEN DATION
To:
MAYOR AND COUNCIL
Agenda Item
IX. A.
DEBRA MANGEN
F-1 Action
From:
CITY CLERK
❑ Discussion
® Information
Date: DECEMBER 20, 2011
Subject:
CORRESPONDENCE RECEIVED AFTER PACKETS
INFORMATION /BACKGROUND: Attached are copies of a -mails and letters received
after the packets were delivered to you.
"ity of Edina
City Council
Tuesday, December 20, 2011
VIIIH. 2012 Annual Volunteer Recognition Reception
Total Number of Comments: 1
Top Discussion Item
Public Comments Summary
VIIIH. 2012 Annual Volunteer Recognition Reception
Public Comments Details
eComment Report
granicus.
® Support oppose ❑ None
0% 0% 100%
0 0 1 1
l
VIIIH. 2012 Annual Volunteer Recognition Reception 0 0 I1 1
)ianne Plunkett Latham The event has been getting longer each yr. When I began 6 -8 yrs ago, they ran 2 hrs. Last yr it None
Dianne.Plunkett.Latham ran 2.5 -3 hrs. People began leaving by 7:00 & some even earlier when they saw how long it 12/16/2011
Page 1
@Comcast.net was likely to run. This disrespects those honored by the organizations at the end of the
7013 Comanche Ct alphabet. I recommend that each organization be allowed only 1 volunteer. A group can still
Edina MN be recognized, but each group member would only be announced without their bio. Also state
that acceptance speeches can
Page 2
Susan Howl
From: Lynette Biunno W EC E � `? E
Sent:' Tuesday, December 20, 2011 1:31 PM
Cc:. Susan Howl DEC. 't 0 2011
- Subject: FK.Letterfrom Edina Soccer Association in support of Edina Swim Club
Attachments: Edina City Council Letter.doc
Lynette Biunno, Receptionist
952-927-88611 Fax 952 - 826 -0389
Ibiunno @ci.edina.mmus www.titvofEdina.com ...For Living, Learning, Raising Families & Doing Business - - - -= Original
Message - - - - -.
From: Tom Fabbro (mailto:tmfabbroPkmail.coml
Sent: Tuesday, December 20, 2011 1:21 PM
To:lonibennettl2 @comcast.net; Mary Brindle; swensohannl @i;mail.com; Lynette
Biunno.
Subject: Letter from Edina Soccer Association in support,of Edina Swim Club
Dear Members of the Edina.City Council,
Attached is a letter in support of the Edina Swirn Club. I plan to attend the council meeting this evening.
Edina Soccer Association (http: / /www.edinasoccer:org) provides a recreational league soccer experience to
approximately 3;000 Edina kids each year. ESA actively involves around 300 parent and community volunteer coaches.
We are dependent on city and school green space to host a program that we believe provides a unique service to the
families of Edina.
We recognize the growing demand for the use of city parks and we are interested in working with in partnership with
the city and other Edina youth athletic associations to come up with solutions. At the same time; we are.concerned that
we have lost a great advocate for Edina youth athletics in Ed MacHolda.
I look forward to hearing your views at the meeting.
Respectfully,
Tom Fabbro
President -Elect
Edina Soccer Association
tmfabbro @p,maiLcom
952 - 929 -4747 - home
612 -387 -4169 - office /cell
1
December 19, 2011
Edina City Council
City of Edina
Edina City Hall
4801 W. 50'' Street
Edina, MN 55424
Dear Members of the Edina City Council,
We are writing to you in support of the Edina Swim Club and their recognized status as
an Edina Youth Athletic Association member. The Edina Swim Club has been a part of our
community since 1957 and has supported thousands of Edina youth over the last 4 decades.'
As another Edina Youth Athletic Association member, we are in support of the Edina
Park and Recreation Department Policy that names the Edina Swim Club as the recognized swim
club in Edina and gives them priority access to the Edina Aquatic Center. We understand that the
Park and Recreation staff is requesting a 75% Edina resident threshold and we believe that it is
an appropriate requirement for a swim club.
We respectfully request that you pass this policy on behalf of the thousands of families
the Edina Youth Athletic Association serve each year and honor the long history of the Edina
Swim Club in our community.
Respectfully,
Tom Fabbro
President -Elect
Edina Soccer Association
tmfabbro @gmail.com
952- 929 -4747 - home
612 - 387 -4169 - office /cell
Susan Howl
From: Lynette Biunno
Sent: Tuesday, December 20, 2011 8:37 AM
Cc: Susan Howl
Subject: FW: Use Policy for the Edina Aquatic Center R'� D
u u (('� E DEC 2 0 2011
Lynette Biunno, Receptionist
V7, , 952 - 927 -8861 I Fax 952 - 826 -0389
Ibiunno(cDci.edina.mn.us I www.CityofEdina.com
` ...For Living, Learning, Raising Families Doing Business
Were a do.town ... working to make the healthy choice the easy choice!
From: Joan Scott [mailto jmkscott msn.coml
Sent: Monday, December 19, 20116:09 PM
To: Lynette Biunno
Subject: Use Policy for the Edina Aquatic Center
Edina City Council,
I am writing on behalf of the Aquajets Swim Club and the Use Policy for the Edina Aquatic Center. The issue at hand is
that two private swim clubs would like to rent pool time for their respected clubs. Both clubs have strong standing in
the swimming community and both clubs serve Edina residents. Each club has served their swimmers needs, but in
different ways. The swimmers need to practice in a 50 meter pool because that is the distance they will be competing in
during the long course season (April- August). Training in a 50 meter pool is essential for a serious swimmer to have any
aspirations of competing on a higher level. It is not a suitable training facility for an entire swim club because not all
swimmers have the ability to be swimming at the 50 meter length. This primarily is true for younger swimmers where
needs are better met in a 25 yard pool. Due to the lack of 50 meter pools clubs need to share facilities with other clubs,
and clubs need to best utilize the space as a 50 meter pool verses splitting lanes and creating two 25 meter
lanes. Aquajets are fortunate that the Board of Directors made a strong business decision when they did in regards
to leasing a pool facility with two 25 yard pools, a space we are willing to share with other clubs. However, it doesn't
provide the 50 meter experience. The Aquajets and the Gators are similar clubs in size and we are able to meet the
needs of our club with 10 hours a week at the Edina Aquatic Center, compared to Gators 17.5 hours per week at
the Edina Aquatic Center. Both clubs are tied to the swimmers in their respective clubs, but do not have legal ties to
anyone community. We are both private clubs, we both pay the same rental fees to the City of Edina, but neither team
pays an association fee or similar fees to the City of Edina for exclusive rights to the use of the pool. We are not asking
to take anything away from the Gator's organization, we are only asking that we have the opportunity to share the pool
facility with them.
Sincerely,
Joan Scott
Aquajet Parent
Edina Resident
RECEWE
DEC 2 0 2011
BASKETBALL ASSOCIATION
December 19, 2011
Edina City Council
City of Edina
Edina City Hall
4801 W. 50`h Street
Edina, MN 55424
Dear Members of the Edina City Council:
I am writing on behalf of the Edina Basketball Association in support of the Edina Swim
Club and their recognized status as an Edina Youth Athletic Association member. It is our
understanding that the Edina Swim Club has been a part of our community since 1957 and has
supported thousands of Edina youth over the last 4 decades.
As another Edina Youth Athletic Association, we are in support of an Edina Park and
Recreation Department Policy that would name the Edina Swim Club as the recognized swim
club in Edina and would give them priority access to the Edina Aquatic Center. We understand
that the Park and Recreation staff is requesting a 75% Edina resident threshold, and we believe
that it is an appropriate requirement for a swim club.
We respectfully request that you pass this policy on behalf of the thousands of families
the Edina Youth Athletic Associations serve each year and honor the long history of the Edina
Swim Club in our community.
Respectfully,
Bob Kellermeier
President, Edina Basketball Association
Edina Basketball Association
4801 W. 50`h Street Edina, MN 55424
ECEN
Rucnn Hnwl
Dear Members of the Edina City Council: -
We are Edina Residents and have a son on the Aquajets Swim Team. last fall (2010), our 7 -year old boy
expressed interest in swimming. After referencing the Gator website we realized that William would be
assigned to a group of swimmers (based on age and experience) that had a swim schedule primarily
comprised of weekday afternoon practices. Because my husband and I both work outside of the home, this
early start time was not an option for our family. Aquajets offered an evening weekday swim schedule for
younger swimmers. It is nice to have options.
The two teams have successfully shared the Edina Aquatic Center for almost 10 years. Both swim teams
have been extremely successful in that time period to the benefit of the kids in our community. We hope
that spirit of collaboration, focused on the "good of the kids ", continues in the future.
It appears to us that Aquajet coaches, board and families want the best for all swimmers. Sharing the Edina
Aquatic Center pool is good for both teams and it reflects well on Edina as a community. Every other 50m
pool in the Twin Cities is shared by multiple teams. Aquajets is just asking to keep 10 hours per week of
pool time.
Our fingers are crossed that our 3rd grade son enjoys swimming for years to come, and envision that he will
one day swim for Edina High School.
Thank you.
Mary and Scott Kelley
Mary Kelley
Director of Marketing
Northern Tool and Equipment
952 - 808 -6615 (office)
612 - 207 -8408 (mobile)
Mary kelley@northerntool.com
Dis(laime;r: This message it intended only for the, us() of the individual or entity to which ii is addressed and may Coil lein information which is privilc:yed.
conf dental, propri tary, or oxempt tom d sclos;. re under applicahle law. If you are; not the intended rocipinrn, you are strictly prohibited from disclom ;ng.
distributing. copyli if) . or in any way Using this m( 55<9 fie, Ii you havo reccived this conwonlCatiol in error. pleeso notify ttte; �gf'nder and dCBtroy and deloie any
copies you may have rr.,c ved.
C ENE D
Susan Howl
DEC 2 0 2
Dear Mr. Mayor and Edina City Council Members,
Thank you for continuing to allow the Aquajets Swim Team and the Gators (Edina Swim Club) to share the Edina Aquatic
Center during the 2012 Summer Season.
It's come to my attention that the Gators are continuing to lobby for exclusive use of the pool during the summer. The
mean -spirited nees of this request troubles me. I know that we all want our kids to be inclusive and to share. I don't
understand why one group of adults would promote such selfish action.
My daughter, a 7th grader, swam for the Edina Hornets JV team this past fall. She couldn't have had a better
experience. She met great kids ranging from 7th grade to 12th grade. She hung out with Aquajets and Gators. The kids
got along great. I don't understand why the parents can't cooperate. The Edina High School coach, Coach Mace, even
made a point to ask the parents to get to know each other. Again, the parents got along great during the high school
season. So, why can't we share the valuable community asset of the Aquatic Center.
My daughter has always loved to swim. When she was 8, she wanted to race other kids. I didn't know anything about
swimming clubs so I tried to contact both the Gators and the Aquajets. Both teams appeared to be private clubs. I didn't
research their not - for - profit status, but was pleased when Aquajets became member owned. I searched both their
websites for contact information. The only option that I could find from the Gators was an email address. With the
Aquajets, I found a phone number. I really wanted to talk to a real person because I was concerned that both programs
may be too competitive and too difficult for my daughter. When I spoke with the Aquajet Team Administrator, she assured
me that there were plenty of kids who were just starting out. There were no concrete rules for how many practices and /or
meets my daughter had to attend. My 8 year old had a great time in the pool. She's become a terrific swimmer and a
confident young women. I attribute some of this to her experience with Aquajets.
We're just a regular family, sticking up for our kid who want to swims at the community pool. We happened to choose the
Aquajets over the Gators. I don't know much about the Gators. I don't have anything against the Gators. And, I'd like to
show my kids how grown -ups solve problems diplomatically through cooperation.
Please, don't allow one team to have exclusive rights to such a wonderful community asset.
Thank you for your consideration.
Sincerely,
Paula Glieden
5515 Grove St.
Edina, MN 55436
( Aquajet Parent and Edina Resident)
December 16, 2011
Edina City Council
City of Edina
4801 West 501h Street
Edina, MN 55424
Re: Aquajet Swim Club Reply to the Letter Brief from the Edina Swim Club Dated December 14, 2011
Dear Members of the Edina City Council:
I am writing this letter on behalf of the Aquajets Swim Club to address several issues. First, this letter
will provide additional factual background concerning the Aquajets' use of the Edina Aquatic Center
( "EAC ") and second, this letter will address the multiple factual misstatements contained in the Letter
Brief from the Edina Swim Club (the "Letter Brief').
The Aquajets have been an appreciative lessee of the EAC for the past 9 years. Over this time period, we
have gained the favor and respect of the EAC staff and Park and Rec staff by treating the facility as if it
were our own. The Aquajets have approximately 300 swimmers on our team with a large portion of those
swimmers living in the southwest metro area. Our Team has experienced unprecedented success since the
Aquajets became a member owned, nonprofit club. Recently, the Aquajets have been named as a "Gold
Medal" team through USA Swimming, one of only 10 teams in the United States and the only team in
Minnesota. The "Gold Medal" status recognizes the Aquajets for our success in promoting the
development of a strong, well- rounded swim program that produces elite 18 & under athletes. A large
part of our success centers on the Aquajets' mission of creating an environment to allow every swimmer
in the community to achieve their goals and to love the sport of swimming - no matter what their ability.
The Aquajets have operated with a spirit of cooperation and sportsmanship with the Edina Swim Club for
the past nine years and in the past 3 years have had many more swimmers than the Edina Swim Club.
However, the Aquajets have succeeded with approximately 30% less pool time at the EAC. The
increased demand for pool time at the EAC by the Edina Swim Club suggests that the two swim clubs
work together to find a compromise solution. However, it is hard to find a solution when only one club is
willing to meet. In August and September, the Aquajets have made more than 12 attempts to contact the
Edina Swim Club to discuss a resolution — none of the 12 attempts was returned. In addition, the
Aquajets' president called the president of the Edina Swim Club on 2 occasions to discuss how the clubs
could work together. Again, the Aquajets' attempts to discuss the situation were discounted or ignored.
Since our multiple attempts to resolve the use issue with the Edina Swim Club were ignored, the Aquajets
only option was to present its case to the Park and Rec Department and ultimately to the Park Board
which has brought us to where we are today. See Exhibit A for the Aquajets' position on the Use Policy.
As stated in the email sent by the Edina City Manager dated December 7, 2011, Mr. Neal requested that
any reply from the Aquajets and Edina Swim Club should "focus your attention on the recommendation
of the Park Board and its potential impact it might have on the operations of your organization." Our
review of the Letter Brief submitted by the Edina Swim Club was met with disbelief. The 42 page
document contained two primary themes - first, multiple attempts at demonizing the Aquajets Swim Club
through misrepresentations, false allegations, outrageous extrapolations, half- truths and spin, and;
second, a blatant attempt to instill an "us" versus "them" mentality. The Aquajets have been
disappointed throughout this process by the Edina Swim Club's total unwillingness to work out a
resolution to this use situation. As mentioned above, the Edina Swim Club has totally ignored any
6545 Flying Cloud Drive, #202, Eden Prairie, Minnesota 55344 952 - 351 -9928 www.Aoualets.com
Page 2
attempts by the Aquajets to work out a solution. The Aquajets have offered on multiple occasions the use
of the Aquajets' Eden Prairie pool time to the Edina Swim Club to facilitate a resolution.
After reading the Letter Brief, I was confused at what the Edina Swim Team was trying to accomplish.
Below are several highlights of the misrepresentations contained in the Letter Brief.
The Letter Brief states that the Aquajets are part of a "complex `for profit' organization ", "office
sharing with a host of Foss - related `for profit' business companies ". The facts are that Newjets, Inc.
was formed in December 2006 as a 501(e )(3) nonprofit organization doing business as the Aquajets
Swim Club owned by its members. The Aquajet members acquired the swimming assets of the previous
Aquajet organization in 2007 with limited resources and a vision of excellence for every swimmer on the
Club. As noted in the Letter Brief, the Aquajets have always been an active, nonprofit corporation in
good standing with the State of Minnesota. The Aquajets do have an office in a building in Eden Prairie
that also contains multiple other tenants, one of which is the Foss Swim School. How do these facts
impact any discussion on the use of the Edina Aquatic Center?
The Letter Brief also states the Aquajets operate out of our "strategically located ", "luxurious $4.1
million swim complex ". As mentioned above, the Aquajet members acquired a struggling swim club
with limited financial resources in 2007. But the Club had an exceptional coaching staff and a grand
vision of providing an environment where every swimmer has the opportunity to excel as a swimmer and
a person - no matter where they lived. In addition, the struggling swim club was located in a building
with two indoor, 25 yard pools, which we are very fortunate to be able to use. In order to gain access to
these pools, the Aquajets had to take significant financial risk by committing to a multi -year lease with
annual lease payments of more than $170,000. This was a huge risk for a new member owned swim club
with less than 125 members. The huge financial risk was undertaken by the Aquajet members because
they believed in their coaches and their desire to create a program that meets the needs of every family in
all communities. And in less than four years, the Aquajets have achieved unimaginable success, both in
the water and out of the water. Our swimmers want to be on the Aquajets and they come from all over
the metro area.
The Letter Brief was trying to accuse the Aquajets of "active recruiting outside of Eden Prairie and
throughout a broad swath of the southwest" metro area. In addition, the Letter Brief accuses the
Aquajets of "cracking another `recruiting nut' by relieving all of its member families from any
public meet volunteer commitment obligation." The Aquajets have never recruited and abide by rules
provided by USA Swimming. Advertising to various communities for an Aquajets open house or
"splash" night is common practice in the metro area used by many USA Swimming Clubs and complies
with all USA Swimming guidelines. Attempts to demonize the Aquajets by stating that "Aquajets'
families have searched for a comfortable spot in the bleachers to watch their children swim ", while
"Edina Swim Club parents along with the parents of nearly every other host swim club have combined to
fill the many thousands of volunteer positions needed" are unfounded and unproductive. The fact is the
Aquajets have not had the capacity until last year to host a meet and meets are assigned to host clubs at
least a year ahead of the event. In addition, the Aquajets hosted a small meet last summer and plan to
host a larger meet in 2012. These misrepresentations have nothing to do with the use policy and are
veiled attempts to create division.
See Exhibit B for additional Aquajets' comments on the Edina Swim Club Letter Brief.
Page 3
In summary, the Aquajets have gone out of our way to try and work with the Edina Swim Club to find a
resolution to the EAC use issues. In doing so, the Aquajets have been met with strong resistance every
step of the way and finally, have been exposed to an attempt to vilify the Aquajets by the Edina Swim
Club. As a team, the Aquajets will do everything asked of them to assist in the development of a fair and
functional use policy for the EAC. Please contact me at sfoster a,aquaiets.com if you have any additional
questions or concerns.
Respectfully,
Aquajets Swim Club
• mac,.,, y , .
Steven M. foster
President
Cc: John Keprios, City of Edina - Park & Rec Director
Scott Neal, City of Edina - City Manager
Exhibit A
Aquajets Swim Team
Edina Aquatic Center Use Policy
Organization Position Document
Page 4
The Aquajet Swim Team has prepared this Exhibit to present a record of its position on the Edina Aquatic
Center Use Policy. This information will be helpful in the development of the 2013 Edina Aquatic Center
Use Policy. The Aquajets look forward to working with the Edina Park and Recreation Department Staff
and the Edina Park and Recreation Board to develop a fair and balanced use policy for 2013. We have
prepared a list of facts and estimates, based upon the below information table that will assist in the
preparation of a use policy that fairly addresses the needs of all Edina Residents.
Aquajets Swim Team
Information Table
The information table below lists specific details that compare the Aquajets and the Gators. Some the
Gator information items are unknown or estimated based upon information provided by Gator board
members or past board members at the November 7, 2011 Park and Rec Board meeting.
Item #
Description
Asua*ets
Gators
Notes:
Notes:
1
Organization Type
Non Profit 501(c)3
Non Profit 501(c)3
2
Privately Funded
Yes
Yes
3
Edina Funded
No
No
4
Swimming Affiliation
USA Swimming
USA Swimming
5
Office Location
Eden Prairie
Edina
6
Youth Athletic Assoc. Affiliation
None
None
7
Edina High School Swimmers
30
??
8
Rent 25 yard Pool
Yes
Yes
9
Total # of Active Swimmers
est. 300
est. 300
1
10
Declared Edina Resident %
25%
75%
1
11
#of Edina Residents
75 to 80
199
1
12
# of Non - Residents
220
101
2
13
# of Non - Active Edina Residents
90
??
2
14
Last Year EAC Hours Rented
2
3.5
15
# of Master Swimmers
0
est. 25
2
16
USA Swimming Rank
9
est. 35
17
# of Possible USA Olympians
1
0
18
#of Olympic Trial Participants
8
??
2
19
Years Renting EAC
9 years
est. 50 years
2
20
Offered to Solicit a Resolution
Yes, > 12 offers
None
Information as of 11/0812011
Notes:
1 As disclosed by the Gator president at the Park and Rec Board meeting on Nov. 7, 2011
2 Information is an estimate or unknown information to the Aquajet Team
Use Policy Key Items:
1. Neither the Aquajets nor the Gators receive any funding from the City of Edina.
2. Neither the Aquajets nor the Gators are affiliated with any Youth Athletic Association, the Gators
have not met the 90% Edina Resident threshold requirement to be members of the Edina Youth
Athletic Assoc. for many years, yet claim membership.
3. All Edina Use Policies specify a 90% Edina Resident threshold in order to be the Edina
Designated Team; the Edina Aquatic Center Use Policy should be no different.
Page 5
4. A 90% Edina Resident threshold should be used in the 2013 Edina Aquatic Center Use Policy
because: .
a. The 90% threshold should be at such a high level that once attained, it guarantees that
almost all members of an organization are Edina taxpaying residents.
b. The previously proposed 75% threshold would allow a private organization, assuming the
Gators meet this threshold, to have total discretion over who gets to use an Edina - owned,
tax payer funded, and public facility.
c. Up to 100 non - residents would get to swim at the Edina Aquatic Center while 80 Edina
Residents on the Aquajets would be turned away.
d. To swim at the Edina Aquatic Center, Edina Resident Aquajet swimmers would be forced
to join the Gators which we believe to be unfair and not good public policy.
5. Assuming a 90% threshold is not met, use and control of the Edina Aquatic Center would be put
in the hands of the Edina Park and Rec Department, not a private, non -Edina funded organization.
6. No Edina Resident should be forced to swim on a specific team in order to use a taxpayer funded
facility.
7. If an Edina Resident is not allowed to swim on the Gators, would the City of Edina require that a
position be created to accommodate them?
8. The Aquajets have had well over 250 swimmers on our team for the past 3 seasons, yet have been
able to operate effectively and achieve unprecedented results with only 2 hours/day of pool rental
time.
EXHIBIT B - Aquajets Response Letter
H enson &Efron
P R O F E S S I O N A L A S S O C I A T I O N
December 14. 2011
Edina City Council
C:'ity of I:diva
Edina City Hall
4801 W 50th St
E ding, ;%9N 55424
Page 1 of 25
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota 55402 -4503.
Re I,ettet Rlief in Opposition to Edina Park Board Decision Regarding
I --'dint Aquatic Center Swim 'Fein Use Policy
Dear rVicmbeis of the Edina City Council:
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www.hensonefrbn.com
firm@hensonefron corn
Direct Dial (612) 252 -2862
jcarpentcr @hcnsoncfron.com
I'his lettet brief is Winislied on beliall of Edina Swim Club, a Minnesota nonprofit
col potation, in opposition to the Nuvembet 7, 2011 decision adopted by the Edina Palk Board
regaiding "hclintt Aquatic Center Swim Tcam Use Policy," which supported an allocation of pool
time at tho F(lina Aquatic Centel- in favor of Agtrgjcts Swirls CIO of Eden Prairie ( "t%qugjets "),
an Eden Prairie athletic swimming association, and to the detiiment of Edina Swint Club, it long
recogniied Edina youth athletic swimming association.
Aquajets Comment: The Park Board decision was to defer implementation of a Use Policy for
the Aquatic Center, as it felt that it did not have enough time or information to make a decision.
The primary debate was over whether the Edina residency percentage requirement to achieve
priority status should be 90% or 75 %. Recognizing the difficulty of achieving even 75%
residency status, The Edina Swim Club is now seeking priority status and monopolization of an
enterprise facility without a residency limit of any kind.
While the Aquajets Swim Club is located in Eden Prairie, it serves several surrounding
communities as do many swim clubs, including Edina Swim Club. Approximately 25% of the
Aquajets membership is from Edina and 25% from Eden Prairie with the balance coming from
surrounding communities.
EXHIBIT B - Aquajets Response Letter
Page 2 of 25
in connection with the foleguitng, Edina Swim Club is in possession of City Manabei
Scott Neill's December 7, 2011. email informing both Edina Swim Club and Aquajets Swim
Club of tx Edina City At(otncy's position that the facility hermit previously issued by the City
is valid and must be honored by the City in 2012. The Edina Swim Club respects the opinion of
the City Attorney and the apparent decision by the City to honor such permit, and does not
contest that decision. As important as this issue is to Ldina Swim Club, the swine club does not
advocate fot the City of Edina to incur legal cost or associated liability risk in connection with
any implied tlmcats of enforcement action by counsel Im Aquajets in connection with this matter,
A Ljj. llll Edina Swim Club hcry:[�y., 't >1u.nl<>i,il�._limits. the sccyt ?c. of its a pc:�l�tt► t1) ._h ,i_i0d
lic)m ;tree. her August 11. _2012. the _ tile oJ'
r- \ctuillct._permit
l of the Icasons set li)rth belom, F.clina Swine ('1111) respectfully lequests that the Council
r ever sc of vitcate the decision of the Edina Palk Board and instead issue a decision granting
FMina Swirl Club priority access to the Edina Aquatic C'cntct for the period Isom and after
August 11, 2011
Edina City ('uuncil
Page 2
[)ccemhcr 14. 2011
A. Edina Swim Club
t )vet view
1 ?cline Swim Otibl was otiginally organizcd in 1957 as tin unincorporated swirl club by
Ihcll and current F,dina boys high school head swine coach, Art Downey In 1976. the; swine club
was lorrnirlly incorporated as Edina Swim Club, file, a Minnesota nonprofit corpotation. The
swim club has nulintaincd for many years it small, roughly 100 square legit. business office,
cunllniscel of worn metal desks, old riling cabinets, and a computer, all located at 4445 West
77th Select, Suite 240, Edina. 1\11innesuta 5543-53, which is staffed on it part time basis by the
club'; bookkeeper and coaching staff Aside From office rent, occasional equipment purchases
and othel miscellaneous office expenses, substantially all swim club revenue is applied to Bind
facility rental lees anti cuacl)ing sa! :uies.
Since its very inception in 1957, the swim club has operated as a youth swim proglam
itclively ,c rvin�, the I:dnm Cl)1I111111111t4 over this same period, Elie swim club has been the
principle feeder system for the Edina Iligh School boys and girls swim teams, which together
have :recounted for 21 Minnesota state high school championships, including the I-Aina [sigh
School ;;iris' into recent swim team championship in 2011
Aquaiets Comment: Both clubs feed the Edina High School team. 4 of the 13 State Swimmers
from the Edina Girls High School championship team swim with Aquajets year round, including
summers at the Edina Aquatic Center. Aquajets represented 3 of the S All Conference selections
from the girls' team. 2 members of the Edina Boys High School 2011 team swam with Aquajets.
The boys achieved 3 individual 0 place finishes, 1 individual 2 "d place finish, 2 lye place relays
and 13`d place relay. Any actions detrimental to Aquajets training opportunities would
therefore be detrimental to the Edina High School swim programs as well.
EXHIBIT B - Aquajets Response Letter
Page 3 of 25
A nlenibel of both USA Swimming and Minnesota Swimming, the national and local
guvel nine! bodies for competitive swimming across the United States, Hina Swim Club
cunlpetcs on nearly a year -sound basis at local, state. regional and national levels as part of its
ovulall ploglartlnling, That progtanulling includes participation by youth swimmers eluting the
Septenlher -March "short course scason" and the May - August "long course scason," as well as at
state. m- lional, and national competition meets for qualifying swimmers, closing out the end of
each Season. •1'he short coursc scason is conducted in indoor, 25 -yard "short course" fools, with
the long eomsc season conductcd ill both outdoot and Indoor 50 -meter "long course" pools.
As with most or all other youth athletic programs, USA Swimming membet clubs are
operated through nonprofit organizations administered by parent -run boards and other
volunteers Mom this point, however. the similarities between swim clubs and other athletic
prtlgr.uns generally end. In the case of Hdina Swine Club and virtually all other swim clubs
operating, unclet the USA Swimming umbrella, experienced, paid coaching staff play a lead role
(and. in most cases. the sole role) in handling; all "on deck" coaching activities - both with
respect to daily paining and meet competition
I;clina Swim Club's programming is impacted by the availability of facilities in this
re�,ard, it is important to note that Edina Swim Club does not own any swim facility. Instead, the
r ('onpary to efforts by Aquajets Swim Club to inject contusion into the November 7 Park Board
meeting, by reterting to L-dina Swim Club, as `Gators Swim Club," it has in islet been aptly
nanmd ""'dina Swirl Club" for 54 years.
Aquajets Comment: Below is a screenshot of the Edina Swim Club web landing page. The word
"Gator" is certainly more prominent than the word "Edina" in the branding of the club.
Aquajets has never used the words "Eden Prairie" in the branding of its club.
.,, .yen ti� "e "•�
imp
Our
` I usiaL /Ntl /1C7iC Y+7
SriIM.,,NIi SG:7. ".'lllC'
E D 1 N A 1 9 5 7
. .............. .. .
Our Coaches
m SLlrl RetP�l��llinn
In :rdclition to it, youth prugramnlin�,, Edina Swim Club also provides a year- routed masters
swirl pro, -ram for adult swinlnlers generally residing in the Fdina area.
Aquaiets Comment: The various youth athletic programs in the City of Edina define youth as
1118 and under ". The Edina Swim Club advertises use of the Edina Aquatic Center on their
website for masters swimmers. It is unclear whether masters swimmers are included in the
EXHIBIT B - Aquajets Response Letter
Page 4 of 25
Edina Swim Club's claims to residency or club size. If it is Edina Swim Club's objective to give
►ool time to the masters program, it would be at the exclusion of over 80 Edina youth swimmers
on the Aquajets swim team, including prominent contributors to the high school team.
Edina Citti' CUUnCil
Page .�
Deceinhei 14. 2011
swim cluh first relies on the availability of rental facilities within Eclina (e.g. for the shun course
season, the swim club tents pool time at the An Downey Aquatic Center, Valley Vicw Yliddle
School, and 1?dinborough pools). and must look outside of Edina's borders to fill its remaining
needs In this ie-aul, the swim club has often hact to tbtage for additional facilities, including
some of all pools located at Blake School. Breck School, St. Louis Park Community Center, St.
Louis Paik .lunior l-tigh. anct St. Louis Park High Sehoul. Instead of the freedom to schedule
pi.actices when most coinfuttable of comenient rot coaches of swimmers, Edina Swint Club
must always wink to fit its schedule into available openings at each pool This essentially means
that JUCViously, until the L-Aina Aquatic Centel became available each summer, the swim club
hits never Iseen able to train as one cohesive team. Because of continued growth of F.clina Swim
Clubs rearm, its need for pool space at the Edina Aquatic Center has also grown —thus creating
the conflict over Ldina Aquatic Center pool time with Aquajets Swim Club.
kguaeets Comment: As described above, it is common for swim teams to work together and
share pool time with surrounding communities. In fact, Aquajets and Edina Swim Club have
successfully shared time at Edina Aquatic Center for 9 years.
At present, Edina Swim Club has 17.5 hours per week of pool time compared to 10 hours per
week for Aquajets. Edina already has 75% more pool time than Aquajets with the same
approximate enrollment of 300 swimmers. What has not been made clear is why Edina Swim
Club now needs a total of 27.5 hours of pool time per week when Aquajets has achieved success
with 10 hours. If it is to accommodate additional swimmers, it is likely that they would not be
Edina youth, thereby further diluting the residency percent of Edina Swim Club.
Furthermore, it is common for the Edina Swim Club to use bulkhead dividers for its younger
swimmers. This cuts the 50 meter pool in half and negates the unique training advantages of a 50
meter pool. In the spirit of cooperation common among swim teams, Aquajets has offered to
share time in our rented warm water 25 yard pool, at no cost to the Edina Swim Club, for its
young swimmers who are not ready for a 50 meter pool. This offer has so far been ignored by
the Edina Swim Club.
EXHIBIT B - Aquajets Response Letter
I,Zccl tern!, I2C!!islratiun
Page 5 of 25
%While most. vouth athletic hrou.:rams handle athlete intake through a simple registration
pr(+ccss in ativance of each season, the year -round nature of Edina Swim Club's ptogramming,
collihined with hasic sal-ety issues associated with water sports, requires a different approach.
first, in an effort to ensure'that each swimmer can safely participate in a competitive
swim program, all new Edina Swim Club members arc required to (remonstrate basic skill levels
in the four ptincipal swim strokes (freestyle, backstroke;, breaststroke, and butterfly) While the
s%virn club also evaluates walk -ons on a case -by -case basis, new athlete registrations mostly
occur through periodic "splash nights" which the club exclusively conducts at local pools in an
ellirnt to mike the registration process as convenient as possible tern- Edina residents. There, club
surly is able to evaluate each swimmer's abilities and immediately determine his or her
rc`,istration level caul eligibility.
Second, since all Edina Swim (aub "splash nights" ate conducted only within [ lira. the
vast majority of new swimmers selected at each splash night arc, in fact, I dina'residents. With
limited exception, the occasional non -Edina resident swimmers joining the swim club tend to be
walk -ons from irdlolnnlg municipalities which do not have local swim clubs (e.g., Minneapolis of
St. I.ouis Park), or swimmers who have independently sought training or competitive
opportunities not available at their focal club Provided that Edina Swim Club call accommodate
those swimmers, they' have been welcomed.
Aquajets Comment: It is the nature of all swim clubs to be generally geographically neutral and
not necessarily bound by a particular municipality. Most cities do not have competitive swim
programs. In fact, aside from Minnetonka Swim Club, all area clubs are privately owned and
are not run by schools or park & recreation departments. It is common for swimmers to migrate
from one team to another. For example, a significant portion of the Edina Swim Club's recent
growth has come from other communities and teams, including a significant number of
swimmers from the non -Edina Swim Clubs in the last several months.
The Edina Swim Club's calculation of residency percentages has been inconsistent.
Representations of club size to the City of Edina range from 272 -350 swimmers with anywhere
from 199 -202 of them being Edina residents. This would put the Edina swimmer percentage
somewhere between 57% and 74 %. It is unclear who the Edina Swim Club is serving until it
provides a thorough accounting of its club's size, the number of Edina residents and how it
counts its masters swimmers
I "xccpt in cases where a partictrlat swimmer has lacked the elementary catty -level skills
ncressc►ry to immediately participate in 1'.dina Swint Club's programming, Edina Swim Club
stal•f is tuurware ol• any Ldina tesident (raving been denied immediate membership «ith the swim
club Pven those applicants, whose skill levels are below the minimum necessary to ensure safe
partrcrp,ttiern. are referred to local "Icarn to swim" programs -along with encnuragcntcnt to
re: jpply to the swim club either at the next available splash night or as a walk -on once the
applicant's basic stroke skills have improved In short. I'dina Swim Club remains, and has
EXHIBIT B - Aquajets Response Letter
i.dina Cite Council
Pa-e 4
I)ecembet 14. 2011
Page 6 of 25
alwaws been. devote(l to the ptiluary �,oal of converting Edina youth into accomplished
$ \�'Inllllllll: atilletes.'
.Melllhership,
I'Alinu Swim (;tub's membership flllCttltlleS ovet the coutse of each year for it variety of
rc'ason� —sonlr of \which are unique to E(lina Swim Club and othcts of which are conlnlon for
most of all Swine clubs This fluctuation is impoltlu,t to keep in nlincl as the Council considers
the viability ui stlict pelcentile nlenlhership requircmcnls.
As noted above, the Edina Swim Club's calculation of residency percentages has been
inconsistent. Representations of club size to the City of Edina range from 272 -350 swimmers
with anywhere from 199 -202 of them being Edina residents. This would put the Edina resident
swimmer percentage somewhere between 57% and 74 %. It is unclear who the Edina Swim Club
is serving until it provides a thorough accounting of its club's size, the number of Edina
residents and how it counts its masters swimmers .
1:11st, there is predictable tluctuation in tandem will, the filllltt'ill[er 111(1 willter/spri{lg
,ills and boys' high school swim seasons, with girls and boys leaving anti later rejoining the
winl club before and truer' theil lespect{ve high school stwltll .. ,oil. �lll'll]L� this period, f:dina
S%611 Club Lerlerall)' espcticnces membership fluctuations by as m111y as 80 switmers over the
caul tic of both seasons
second. F(ina S\vim Club currently offers a Variety of registration alternatives. allowing
qualil'yin', stvinunels and their families to select floor a menu of program and pricing options,
thete;ly enahlin�; fanlilics to choose tilt; option of options that best suit their busy schedules and
inleic.sJs By Wily of exanlllle only, one swinullel might choose a full season option, allowing the
stwinlnwt to stwinl wear round, \\ -hile :Mother swinllnet tnight choose an option that simply allows
that swimmer an oppoturllity to train in advance ol' his or her respective high school season.
('unscquentl�..0 any one point in tinge, a significant nunlbet of Fclina Swine Club swimnlcts play
simply be inactive duc solely to the beet that they have elected a particular registration option that
will 111.11:e theill active during another ptogranlnl,nr period. Because choices we unique to each
inclivicltl.1l. it is difficult to project vitiation stellll11111g frolll ti\Vltlllller5' individual decisions
rl)ir(I, sonic swimnlcts elect to pursue other [?di.na youth athletic programs over the
course of the summer months, choosing_. tilt example, youth baseball, sollball. lbotball or soccer,
to Ilatlle just it few It is not unconlnlon tin childten to sample and play other sports, and the
st\-inl club acconuno(lates that cxplottttiotl
EXHIBIT B - Aquajets Response Letter
Page 7 of 25
I:inally, anothel group of roughly 35 Edina Swim Club Swillltllcrs will gellclally take a
sumnici sabbatical ttonl Edina. Swim Club and instead elect to swine "country club" as part of the
Weswtn Swim l.Ca yuc which umducts swill, meet colil petit ions at many of thu nlctropolitatt
alca county clubs In Edina, both Intetlachen Country Club and Hdina Country Club ptlrticipatc
in this league As such, Edina Swim Club will temporarily lose swimmers to both county club
plogtanls during this period. Although Edina Swine Club coaching staff provides direct training
support for the Intcrlachcn WSI., scniot team coaching staff as part of the swim club's
C0nlllunlity outcach, Edina Swim Club's "Intcrlachcn swimmers" are not technically active with
the swim club durilla their WSL, xunll,lcr season
' While hdinn Swim Club is open to the possibility of including learn to swine programming as
pal[ tit its core selviccs, facility availability issues remain a problem outside of the club's
cculttol
Aquaiets Comment: Learn to swim programs are ideally conducted in smaller, warmer pools.
Unlike scarce 50 meter pools, there is plenty of local 25 yard indoor pool space available. If the
Gators wish to conduct learn to swim programs, this would be best accomplished in a smaller,
warm water pool as opposed to the Edina Aquatic Center.
Feline OIN Council
Paul: 5
December 14. 201 1
oday. and subiect to the Val ious membership fluctuations discussed abo%,c, Edina Swine
Club's ovculll n,enlbelship genetally exceeds 300 swimmers, with roughly 75% of its
menliiel ship comprised of Edina lesidertts.4
Aquaiets Comment: The Gators team president stated for the record at the Park Board Hearing
last month that there were 199 Edina residents on the team with an overall count of
approximately 300 swimmers. If this included its masters swimmers, but did not include the
addition of 20 new swimmers from other non -Edina swim teams. This indicates an Edina
resident percentage of approximately 62 %, far below the stated 75% referenced above and
perhaps the reason that the Edina Swim Club is now advocating to abolish residency targets in
their new proposal below.
EXHIBIT B - Aquajets Response Letter Page 8 of 25
4 Vo4111teerinU.
With limited exception, Minnesota competitive: Swimming depends entirely on legions of
patent volunteers to or"anize att(I tun all of the statcwide club swim meets, including virtually
ever\ Minnesota swim nice[ that is attended by both Edina Swim Club and Aqugjets For file
201 1 -201'_ 11111 /winter short course season alone, 57 separate swim meets have been schedulecl at
this tinge in the case of both Edina Swim Club and Aquajets Swim Club, each has participated,
or is scllc(luled to participate, at ,,ally of these swim meets for the current tall /winter short
couise sr:ISMI This Iilealrls Ihat enell 'host club" will neccl to recruit to fill up to perhaps 200
sepamic voluneet Latent positions (inclutiin;; In:utaging, recruiting, advertising, donation
solicitations, scarp, concessions. linliag, ofticiatting. tear clown, and various othet volunteer
linnctions) to ensure that each of the 57 s:virn nicets will occur Is scheduled This equates to
n111rloxinlateiv 7.000 - 10,000 volunteet positions filled thtoughout the state for the benefit of
Minnesota youth swin,nlers.
historically. Edina Swim Club has conducted two majot swlrll rrlcets each year —a
sunllnen outdoor meet held at the Edina Aquatic Centei. and a fall/winter shots course indoor
suet held at vanying indoor locations in the nletto area (mote recently at the Alt Downey
Atluatic ('enter) In recent years, Edina Palk and lZecrcation has understandably not permitted
outdoor meets at the Edina Aquatic Center (Ittc the intense recreational demand for that tilcility
by Fdina resi(ents Edina Swirls (_'rub's parent 4olunteeIs nonetheless continue to conduct a
major indoor meet each spring gin the benefit of the Minnesota competitive swimming
cunlrn(ulity. atlun�'. with songe additional smaller meets
Financial Contribution.
, iliough arguably irrelevant to the I11r5siotl of promoting and facilitating Edina youth
sports, it should be noted that Edina Swim Club is not a financial burden to the hdina
conlnnunity Instea(l, Edina Swim Club has repeatedly donated equipment for both F(lina's
indool pook and the h.(lina Agtiatie Centel In tact, the very lane lines that Aquajets will use at
the A(Iuatic Center in 2012. just as it has its puiot years. (were bought by F(lina Swing Club, and
asscrllblvtl and installed by Edina Swine Club patents.
I hnou th annual Icntal of pool 1111(1 weight toom facilities in Edina alone, the swine club
has cont►ibute:d a total of $72,000 for the club's current fiscal year (with another ~26,000 paid or
scheduled to be paid 'tor additional 111cilitics outside of Edina lot the current fiscal yetu) There
arc no "flccNes" or discounts. i?(lina Swing C'Itrb pays top dollar for every pool horn furnished
It should be Mote([ that hdina Swim Club does not ctrrently track swininicts %rho open enroll
ill[() I {din;[ public schools. attend private schools or are Rollie schooled within Edina. all of
hich. Ifrracked. would presumably inctcaw the lswinl club's Edina residency percentage;
Aquajets Comment: We encourage the Edina Swim Club to conduct an accurate assessment of
the number of Edina residents on their club and to share that information with the City Council.
EXHIBIT B - Aquajets Response Letter Page 9 of 25
Fklina C Ity C omicii
6
Weelllhei 1 =1. '-Of
by the City t�l' hdina, the Edina School District, and till other providers. In the case of the t?dina
Aquatic Center —an Edina enterprise facility —Edina Swim Club pays a market rent, as
determined by the City of Edina. for that facility. Moreover, through the operation of the swim
cluh's'1111111,11 slating swim meet— ,vhich draws hundreds of swimmers and their t'Muilics into the
f ding tucn area IcstauI'WIN and businesses incalculably benefit its well.
Apuaiets Comment: Historically, Aquajets has paid over 30% more than the Edina Swim Club
for the use of the Edina Aquatic Center. For the first time, both teams will be paying the same
$100/hour rate in 2012.
USA Swim has determined that fair market value for swimming pool rent ranges from $150 -200
per hour in order to cover operating expenses. Given the incredible demand for 50 meter pool
time, it can be argued that the Edina Swim Club has enjoyed a discount of up to 50% from fair
market value. Aquajets has offered a rate of $150 / /hour, a considerable revenue generating
opportunity for the Edina Aquatic Center which truly reflects fair market value.
B Apuaiets S%aim Ctub
)t iginally tut med in 2002 by .Ion loss, the founder of Coss Swim School. ,VIuajcts Swim
('lute's simple: rlonprotit existence appears to mask a mote complex "for profit" otganization that
lingers in the background, following its 2002 formation, the original Aquajets club was
'lcquircd by Newjets, file., a then newly• created Minnesota nonprofit corporation Accrnding to
its own guess lclense at that time, rl(luajets had been acquired by Newjets lions an sltiliate oftlle
"Foss swim School Organization." Newjets now operates ttndet the assumed name of '`Aquajets
S%vinl ('tub " That name. however. according to government records, is not owned by vewjcts.
It;1111ct, it is indcpcnde:ntly owned by 'I he ;\ -lets. Inc , another Minnesota nonptolit corporation.
Bulb ol' these nonptolits, however, orlice share with a host oI' Fuss- related "Ibr profit" business
ce�mhaniea, including Coss Club Mana,.,cu,ent, [le.. a Minnesota cotporation, lusx Manal~umcnt,
U.C. a N'linnesota limited liability company, Foss Peillormance Management Systems. LLC, a
INlinnc;sota limited liability company, I-'oss Swim School, Inc., a Minnesota cotporation, Foss
S%vlilt School. LLC, a Delaware limited liability company, Warm Water fouls. LLC, a
Minnesota limited liability company, Warm Water Pools of Niaple Grove, Inc , it Minnesota
ct111m1atiou, and Warm Water Pools of Eden Prairie. I.LC, a Minnesota limited liability
company every one of these organizations maintains tegistered and/or executive offices at
j\t1i Bets' swim cimtplex located at 6545 Flying ('loud I)rive, in laden Prairie__ —with Jon l=oss
dc\ILIlale:d its nt,tuager. president, or ('1:0 of neatly all ol'these variotis entities S e f. :xhibit A
attached hereto.
Apuaiets Comment: Many of these statements are inaccurate and create a portrayal of
impropriety. The facts are that Newjets, Inc. was formed in December 2006 as a 501(c) (3)
nonprofit organization doing business as the Aquajets Swim Club owned by its members. The
Aquajet members acquired the swimming assets of the previous Aquajet organization in 2007
with limited resources and a vision of excellence for every swimmer on the Club. In 2007, the
Aquajets members secured the rented poolloffi:ce space by committing to a long term lease while
EXHIBIT B - Aquajets Response Letter
Page 10 of 25
having a limited number of swimmers. The Aquajets have always been an active, nonprofit
;orporation in good standing with the State of Minnesota.
The Aquajets rent office space in a building in Eden Prairie that also contains several other
tenants, including Optum Fitness, a division of United Health, Foss Swim School and other
unrelated privately owned fitness clubs. The Aquajets lease a small percentage of the space in
the building.
It is unclear how these baseless allegations impact any discussion regarding the use of the Edina
Aquatic Center.
1b';11111 \\pater Pools of Eden I'taide, 11C. one of the above "Foss entities," is the recoil
oevner of the ptivateIy owned Aquaiets Eden I'mitie swim complex. Built on fire acres of land
with a cutlent assessed market value exceeding $4 l Million sec Exhibit B attached hereto), it
feututes. anteing otitet things, two indoor pools, a fitness center, team lounge, coaches' offices
anct WiFi —all in what Aquajets comfortably describes on its website as an "envitonmcnt for
swimmcts to reach their goals." Apparently lacking only it 50 meter pool. Aquajets solves that
ptc►blent by ;additionally claiming the Edina Aquatic (.'enter on its website as its official summet
lung routse pool
Aguaiets Comment: The building is not an Aquajets' asset and its value is irrelevant to the use
of the Edina Aquatic Center. Aquajets rents a pool and its offices at fair market value and works
hard to keep tuition down by focusing on cost control.
strategically located fi►t recruiting purposes in the northwest quadrant of Eden Praitie,
Aquajets' tacility is only a stone's throw anon, lAina, Minnetonka and Hopkins As if location
alone, was not CnOlagh, however, Agtaajets has cutcked another "recruiting nut" by relieving all of
its member I''amilics from any public meet volunteer commitment obligation in short, while
Acltr;►iet.' tamilics have searchcxl I'm a comt'ortable spot in the bleachers to watch their children
swim, f.dina Swim Club parents, along with the parents of nearly every other host swim club in
the State: of Minnesota, have combined to till the many thousands of volunteer positions needed
in orciet to make that yc;u's short course season happen. Ancf when every long course season has
Edina Cit\' Council
Noe 7
6ecember 14. 2011
begun, that p;attcrra has been repeated Aquajcts .. one of the latgcst clubs in the state- -hosts no
meets- and has instead levc►aacd the i letculean cffotts' of other swim clubs for all of its swim
meet participation. %vhilc at the same time relieving its parents - -and prospective new patents -
ftuut anN., c ►hligation ti► tcciprocatc.
EXHIBIT B - Aquajets Response Letter
Page 11 of 25
S1latc"icall% located 161 recruiting purposes in the northwest quadrant of Eden Prairie,
Aquajets' facility is only a stone's throw from Edina, Minnetonka and Hopkins As it' location
al��nc w,•1s not cnott0h, hrnwever, Aquajets has ctacked another "recruiting nut" by relieving all of
its member families from any public meet volunteer commitment obligation In shott, while
Aquaiets' tanlilies have searched tier a conirorttable spot in (lie bleachers to watch theit children
swine. f-dina Swim Club parents, Along with the parents of nearly every other host swine club in
the State of iMinnesota, have combined to till the many thousands of volunteer positions needed
in urdel to make that yeat's short course season happen. And when every long course season has
Edina C'it\• Council
Pave 7
ncccmber 14. 2011
hcUur). that Ilattcln has been Iepeated Aquaiets - -one of the largest clubs in the state --hosts no
Illects. and has instead levcl,lacd the I Iciculean efforts' of other swim clubs for all of its swim
meet palticlpation. while at the came time Iclieving its patents —and prospective new patents—
Flom alll' oblt-atioll to lecipl- OQI(e.
Aquaiets Comment: Hosting a swim meet is a vital source of revenue for a swim team. Aquajets
have attempted to host meets for several years, but nearly every meet is reserved by the clubs
that have been running them for years, including those run by the Edina Swim Club. Aquajets
hosted a meet in the summer of 2011 and has finally secured a significant .meet to be hosted in
July of 2012. Nevertheless, Aquajets would be delighted to relieve the Edina Swim Club of its
seeming burden of running any of its multiple fund raising meets.
Not sulplisin�.:ly, Elie location o1'Atluaicts' facility, coupled with practice ot'no Mandatory
palemt volunteer parttetpation, has been a thawing card fiat many families in the inlnlediatc
vicinity of i\quaiets' Hen Prairie swim complex and the Edina Aquatic Center. Lest that point
be missed. Aquajets consistently dtives it home by active recruiting outside of Eden Prairie and
tilluu-Ohout a bloat) swath of, (lie southwest Minneapolis metropolitan alca, including Edina. St.
Louis Palk. Golden Valley, Hopkins and Minnetonka. frequently competing directly with swim
clubs awho ate ahead. servinst those cumnitmities Sec e.g., _[r 1ru Nis ,Sulint li?am t) hen I-luti.►c�,
I dirrllcltch (Match 10 and April 16. 21111); St.Louisl'gikPatch (April 16. 2011);
001de�>Vallevillich (ilpt it 16. 2011), I IopkinsPatcll (Apt it 16. 2011); Mintletonl:aPatch (March
10. Apt 11 3. and April 16. 2011) Scg ,Exhibit Q attached hereto. As Voted by Atluaiets assistant
coach I )all I t ills. " Oho_luc.ilill" is 1111n st like U Vield u _ lh r�ant� Jr�r :e►ri�rrrrrc��,c, You krruuv,
hailer it and Chet, will.rr,nru." Nell Plait ie Sun Current (Octoliet 7. 2010). See ExIdbit n attached
hcleto In this regard, it is worth noting that. as Aquajets now prepares for its summer long
course season at the Edina Atluatic C'entet, it will undoubtedly continue its plaeficc of attempting
to Iectuit nitlle Edina swilllltters. See, C.„.'..:lyruy�rr,►_S%vi»1 ljtrq 0 eti Edina Patch
(i ,larch 10 and Apt it 16. 201 1)
Aquaiets Comment:1n the absence of being able to host swim meets, Aquajets requires fund
raising and additional non - tuition financial contributions from its membership. Again, Aquajets
pursues all opportunities to host meets to diminish this burden. As noted above, both swim
teams draw swimmers from surrounding communities.
EXHIBIT B - Aquajets Response Letter Page 12 of 25
Aquajets has never recruited and abides by rules provided by USA Swimming. Advertising to
3rious communities for an Aquajets open house or "splash" night is common practice in the
,aetro area. Such events are used by many USA Swimming Clubs and complies with all USA
Swimming guidelines. Attempts to demonize Aquajets by stating that "Aquajets' families have
searched for a comfortable spot in the bleachers to watch their children swim ", while "Edina
Swim Club parents along with the parents of nearly every other host swim club have combined
to fill the many thousands of volunteer positions needed" are misplaced and have nothing to do
with the Edina Aquatic Center use policy.
Aquajets' enrollment has generally increased as a result of the success of the team and the
strong swimmer /coach relationship that is fostered on the team.
C Recent Developments
Thu Vdilm Paik iloard Snmt!;_ „TaNkiorcc
In 2006 the Edina Park Board embarked on a Sports Taskforce process to provide some
stiucturc and support for Edina's various youth athletic associations. Out of this process the
tarskl'ince senerated a Youth Sports Core Values Community Strategy, from which evolved what
has become known its the "Relationship Document.” The Relationship Document articulates a
set of corllrllon Suidclines which were intended to be generally applicable to all of the youth
athlelie associations Anlong these guidelines is a centerpiece principle that "the public is best
scl%,Cd whc;tr there is only one independently incorporated }south athletic association per sport"
In the case of at \:oath athletic "swimming" association, the Relationship Document expressly
itientifics F?ilinai Swirl Club as the City's official Edina youth athletic association.
Aquajets Comment_: The current version of the "Relationship Document" available on the Edina
Youth Sports Task Force website states, "To qualify and be identified as an Edina youth athletic
association, the organization must meet the following requirements: 1. 90% Edina residents.
Edina youth residents are defined as individuals 18 years old and under who live in Edina or
who go to school in Edina." As noted above, Edina Swim Club fails this qualification.
Aquajets is not seeking any type of Edina athletic association recognition or exclusivity. It
merely to continue its 9 year relationship with the Edina Aquatic Facility paying a Center at fair
market rate to do so. Aquajets also does not dispute that Edina Swim Club has a higher
percentage of Edina residents. What is at question, however, is whether Edina Swim Club's
admittedly higher resident percentage merits a monopoly on all of the pool time available at
Edina Aquatic Center.
t)ffer and Acceptance.
On the morning of August 25, 2011, then Assistant Edina Park and Recreation Director.
Ed macl lolda, discussed with Edina Swim Club Coach, Jeff Rodriguez, the swim club's Edina
LItiatic Ccnlcr hoof needs for its 2012 sunitller long course season Coach Rodriquez informed
EXHIBIT B - Aquajets Response Letter
Page 13 of 25
I-hc process of planrlin,_ and running an average, toil scale swum meet (which tvl)ically tolls lot
2 -3 days) leduiles rllonths of planning. and involves approximately 150 -200 separate volunteer
Positions
F.dina (I(N ('01,11161
Pa'-w s
L)cunthet 14, 2011
Ml N,11-acl lolda that, title to the swine club's increased size. Edina Swim Club would need the full
mot 11 ing time slot, statting at 6:00 am and continuing through 11:30 am, Monday through Friday.
mi . N,lacl lolda then offered Coach Rodriguez his team's requested time slot for the entirety of
tllo summer lunst i:outsc season (from June 4, 2012 through and including August 111. 2012). with
colttinuation thetcaliet of only the swim club's plasters swine program (with more limited hours
blame toughly 6'00 -7.15 and each day) through August 17 hollowing use of the r \quatic Center
by aiding S\vinl Club, the balance of the Aquatic Center time was intended by the City to be
dedicated l'ot general public recreational use and general ltiaintenance— subject M an evening
time slot that ryas apparently offerod by the City to Aquajets Swim Club of Eden Nairic, but
tejeiacd by Aquajets
Aquajets Comment: Both Ed MacHolda and John heprios deny offering the Edina Swim Club
the requested time slot and its characterization of events.
1-he November 7. 2011 Edina Park Board Meetine
On November 7. 2011, the Edina Pack Board considered a tna(ter on its agenda
dcsi.211,0:d "I {dina Aquatic Centel Swine 1'eanl Use Policy." hollowing; a public hearing, the
Palk Flow d detel milled that it was unable to adopt a lornlal policy fit the Aquatic Ccntcl at (his
time. and instead voted to empower Patk and Rectcation staff' to resolve pool time disputes
between F.dina S \Villl Clllh and Aquajets Prior to the Park Board vote, menlbets of the Park
Bo.aid Inked 'm clarification as to how stall' would resolve the matter. Mr. Mac' lolda replied
that Ile Would allocate the entire time allotment to Edina Swim Club as the recognized Edina
athletic swine association. When asked tinther, Mr. Keprios responded that, if empowered by the
Park Boat d, that would mean that Ile would implement the status duo, which he desct ibed its
assigning foe 2012 the pool time allotments that had originally been assigned in 2011. Shortly
alter thusu twit Conflicting pronouncements, the Park hoard voted to authorize Palk and
lZccicittion stall to independently resolve the mallet.
Aquaiets Comment: The demand for additional pool time at the Edina Aquatic Center by the
Edina Swim Club suggests that the two swim clubs work together to find a compromise solution.
Several Park Board members share this view as well. However, it is hard to find a solution when
only one club is willing to sit down to discuss the matter. In August and September, Aquajets
coaches and members made more than 12 attempts to contact the Edina Swim Club to discuss a
resolution – the Edina Swim Club responded to none. In addition, the Aquajets' president
called the president of the Edina Swim Club on 2 occasions to discuss how the clubs could work
together. Again, the Edina Swim Club president either did not respond or flatly refused to
discuss any cooperation
EXHIBIT B - Aquajets Response Letter Page 14 of 25
-llacrnlalh of l_aik Hoard Ivied'
ZD
On the morning of Tuesday, November 8, 2011. and immediately fallowing the
Iltcceding evening's Park Hoard Meeting, counsel for IMina Swim Club contacted Park and
Rectcation Assistant Director, f. ?d MacHolda to inquire regarding procedures For either City
C ollilcil review or formal appeal of the Park Board's decision. To this end, a voice message was
jell list Nir Maellolda earlier in the morning, with a furrow -up email tIMISnlilted at 10:37 am
(curly Mulched) that morning. See Exhibit E attached hele:to. By entail response transillitted by
MI 1\11acl larch at 1 1.24 am that morning, see Exhibit F attached hereto, counsel was inf6mied
that the matter would not be automatically considered by the City Council, but recommended
that Cuunsel contact the City Manager, Scow Neal, in (lie event Edina Swim Club wished to
appeal. By entail transmitted at 12,11 pm that Same day (copy attached), counsel contacted Mr
Neal icquestin�, clatification as to the process and timetable fora possible appeal. See F.xhibil G
attached hereto.
On and aflet the morning of November 8, 2011, Edina Park and Recication staff,
including iVh , MacHolda, had received actual notice of Edina Swim Club's possible interest in
appeitlim;, the Hdinat Park Board decision to the City Council. Notwithstanding that tact, without
notic,� to I;dirtir Swim Club, and without any necessity to expedite issuance of a permit to
Fditrt C'it\' C'UUnell
Decembet 14. 2011
AgUitiets (or Edina Aquatic Center access (which would commence no sooner than seven months
later). Mt \dacl lolda inexplicably physically cxpeditcd delivery of permits to :Aquajets -- -with
Aquaiet, ilppinFently receiving; the permits either that day or shortly thereatiei —all while
(li�SCll5SiollS rnsucd ovct the possibility of in appcal Equally pionlptly, counsel understands
from City stalt• that Aquajets expe:ditcd payment on the pet mits• –with payments having been
weeived by the t'ity From Aqua jets with e(lttivalUilt urgency. even though payment was not then
duu until .tune I. 2012 As a consequence of these troubling actions, it is believed that the City
Attorney reached the decision that the permits were valid and binding on the City In short,
I talon by City staffto expedite the issuance of permits dining the pendency of discussions
ovei appeal piocedi res had the undeniable effect of precluding Rlina Swint Club from any
possibility of securing; relief on the merits of the parties' dispute until calendar year 2013.
EXHIBIT B - Aquajets Response Letter
U. biSC11SSiOtt
Page 15 of 25
What pleciscly was decided al the November 7, 2011 Park lioard meeting remains
shloudcd in uncertainty. Conceivably, in its vote, the Palk Board simply authorized staff to
unilatetally solve the problem without consultation or guidance Isom the Palk Board.
conveisely, it is also possible that the Park Boatel took into UCCOunt the conlrlletltary by both IVIr.
Mael lolda and Mt Kepiios as a guide to their ciccision to empower staff. If so, however, tile
inconsistent positions adopted by Nlessrs Nlaelloldn and Keprios only add mote confusion to
what thu I'm k I3r►: id may have understirod or intended. N-loreover, if the outcome of the Park
Boaid rote and consequential Park and Recreation staff ciccision- making and tclatcd actions
tesulis in an allocation of pool time to the detriinent of Edina Swim Club, that te;sult would be
wholly inconsistent with the principle; underlying the Sports Taskforce Relationship I)OCUtllent
guidelines. I•oi alt of the teasons set forth below, the City Council should vacate or ovcnule the
recent Park Board decision, and instead award Edina Aquatic Center pool priority access to
Edina Swim ('1111) tier the Summer of 201 ;. and for all nonpublic pool times thereafter
Aquaiets Comment: The decision was clear to Aquajets. More time was needed to review the use
policy and its form so the status quo was preserved for the 2012 season. The status quo, by
definition, is not detrimental to Edina Swint Club. Furthermore, since Edina Swim Club does not
meet the 90% resident membership criteria outlined in the Sports Taskforce Relationship
Document, its principles should not be used as a basis to grant Edina Swim Club monopoly
usage rights of an enterprise facility.
'As Aquaicts Swim Club argued to the Park Board, it will undoubtedly also argue to the
City ('uuncil that Edina Swim Club has !ailed to meet the Edina Sports Taskloice's own
definition for all Edina Youth athletic association, and therefore should not be entitled to priority
status In this [card. Appendix 12 to the Relationship Document establishes eight requirements
Which an clrg:1111/ation must meet in ottler to be identified as in Edina youth athletic association
of these requirements Edina Swim Club is in full compliance with seven of the requitenlents.
The only requirement at issue is a 90% residency requirement — which Edina Swim Club
concedes it would not meet. Instead, according to Edina Swim C'lub's tecoids. its residency
C011llt W ould place it at toughly 75% Edina residents. Based on this. Aquajets —one of two
tcco�,,ni /ed Eden Prairie athletic swim association~ with an admitted Edina residency count of
only 25 evill at pie that it should supplant Edina Swinl Club as the Edina youth athletic swim
association of record, or at the very least that the two clubs should have equal priority
(Ilo[%\ith,t!l1ldin!_1 Ilse fact that Edina Swint C'lub's Edina resident count would elfcctively triple
that of' Aqua.ietsl
Aquajets Comment: As noted above, the Gators team president stated for the record at the Park
Board Hearing that there were 199 Edina residents on the team with an overall count of
approximately 300 swimmers. This was including their masters swimmers, but before the recent
addition of 20 new swimmers from non -Edina swim teams. This indicates an Edina resident
percentage of approximately 62 %, far below the stated 75% above and perhaps the reason that
the Edina Swim Club is now advocating to abolish residency targets in their new proposal below.
Again, we encourage Edina Swim Club to conduct an accurate assessment of the number of
Edina residents on their club and to share that information with the City Council.
EXHIBIT B - Aquajets Response Letter
Page 16 of 25
As noted above, the Aquajets has never sought to become the designated Edina youth athletic
ssociation of record. It merely seeks to continue its 9 year relationship with the Edina Aquatic
Center at fair market value. Aquajets also do not dispute that Edina Swim Club has a higher
percentage of Edina residents—It questions, however, whether Edina Swim Club's resident
percentage merits a monopoly on all of the pool time available at Edina Aquatic Center.
While Edina Swirl Club has comeded that it Calls short of the i- esidency threshold
established uncles the Relationship Document, it argues. (a) that it is in full compliance With the
Fdina City• Council
Page 10
Decenlbei- 14. 2011
spirit ul the Relationship Document, (b) that Edina Swinl Club's residency petcentage vastly
exceeds that of Aquajets, and (c) that the percentage regtlircment should be changed to more
accutaiCly' Icllcct Ieality —ht�th ncl�a and in the future
lirlincr .S' }rirrr (.'lrrh is in tall c•ui►tt)lici?ri' <�. ��'il6r llrc�,c�iri! r�[_(1�,....__Rdalir�n�lrip
Uacrrnrenl
r \t the Novembet 7, 2011 Park Board meeting, Mr. 1Ceprios explained to the Parlc Board
that the general 90% residency threshold had been adopted by ['ark and Recreation staff out of
the belief that applicable Eclina youth athletic associations were in compliance with that rate. At
that tiny, however, the Retina Swill Club was subject to the Relationship Document only in a
vacuum —iulul without any actual facility to which it needed to apply In the absence Of
collipetlnL denlitnd% Illr (Ile Edina i\quatic ('enter, thcte simply was no prioritization conflict to
ICS01ve As sucil, stall'[ Intel undeistandably plMOutsly dcctluxi it unncccssaty to ctall a policy for
a problem that did not then exist.
Aquajets Comment: Aquajets and Edina Swim Club have successfully shared time at the Edina
Aquatic Center for 9 years. Aquajets believe that this matter could be quickly resolved in a good
faith negotiation that, to date, Edina Swim Club has refused to entertain.
As previously stated, Edina Swim Club has 17.5 hours per week of pool time compared to 10
hours per week for Aquajets. Edina already has 75% more pool time than Aquajets with the
same approximate enrollment of 300 swimmers. What has not been made clear is why Edina
Swim Club now needs a total of 27.5 hours of pool time per week when Aquajets has achieved
success with 10 hours. If it is to accommodate additional swimmers, it is likely that they would
not be Edina youth, thereby further diluting the residency percent of Edina Swim Club.
EXHIBIT B - Aquajets Response Letter
Page 17 of 25
In tact, it was only when fatk and Itecleation staff had become aware of possible
Conflicts over access to the Aquatic ('enter that stain era fled and introduce([ its policy--which
then included a 75% residency test for Him Swim Club As indicated by Mr Keprios [luring
the Park Bomd Meeting. staff wags supporting the 75% threshold because they understood that
Edina SM111 C'lub's cutrent residency makeup conformed to that policy. in short, stal'f did not
��ant to mfopt it threshold that wits inconsistent with reality, as it .would simply set Edina Swim
('11111 kill lol laihnu While the Palk l3omd's decision to lirlcgo implementation of a policy at that
tint: ilas resulted ill the Continuation of an interim policy vacuum, Cdina Swim Club nonetheless
cunloltlrs whil till; tertlls proposed by Park and Itecteation staff, as well as with the spirit behind
hush the 9011/1, and 759,14 policies —i.e., to adopt a reasonable residency policy that is within teach
of the athletic alssociations As such, the City Council should teeognixe that Vdina Swinl ('tub is
in 11111 compliance with the spirit of the Itekttionship I)ocunlent, and with tile actual 75%
lesitluncy proposal by Park .rnd Itecrcation stuff, and award priority usage of the EMina Aquatic
C'entct to EdInn Swirls Club for 2012 and thctcattcr
Aquaiets Comment: Aquajets, again, questions the actual resident enrollment on Edina Swint
Club and why it needs additional hours above and beyond what it is currently enjoys
!"(lulu ,S1 }ifu ( '111b "S I ��sicic�irc _t�;n_►'�'cr�rlcrac' vast IV eacec <cdv phut o -j1(j1rtut [ -V
Based solely on an analysis of eaeh swim club•~ residency pcieentage —the principal tool
devul��p.el b% Fdina fink and Recreation for determining ptiority access to the City's athletic
liekk and tilcilities —hdina Swim Club unetluivocally prevails Accepting both club's stated
residency, pctcentages, Edina ", residency percentage stands at 75 %, and Aquay( s' percentage
stands art ?5` %�� Given that both clubs have toughly equal membership numbers, Edina Swim
C'lub's ;lctual Edina tesidetley count (as opposed to a percentage residency count) is similarly
`' !( should be noted that virtuall>� nn infurnlation was requested from, or furnished by. Aquakjets
rlurin� the Valk Board yieeting that would lend any clue to the level of A(luaiicts' possible
compliance with the Relationship I)oClllllellt beyorl(I its very limited Edina residency makeup
!:(fill ;l City Council
I'•1�,u l 1
I)ece!nhet 1.1.2011
"1c;rtcr than ; \cµraijets' residency count As such. hdina Swim Club should be aNvaidcd priority
statue'
EXHIBIT B - Aquajets Response Letter
Page 18 of 25
1l rlec cr,,a(r{ l'..,_ the ;wr,cu {rlrn;(r rc, ituirc men( should he c.�hans;,ed to irrmv ra cly-alely
rcr /Ire t 1-valitt- both no "I. rrrr(i ill the 11011'e.
Not all youth athletic activities arc equal .lust as each athletic activity recognized roofer
the Nclationship Document vaties dramatically, so too should the Relationship Document be
customized to rcllect (flat reality. To the extent that Park and Recreation staff or the City
Council believes that strict compliance with the terms of the Relationship Document is
important, then. a fair outcome for members of Edina Swim Club would be to first hying the
docununt into contbrnlity with reality —and with the 75% residency test proposed by Pack and
Recreation staff. The alternative: (i.e.. enfbrcenlent of a 90% residency threshold) would only
impose a harsh and unnecessary penalty by forcing nonresident membership terminations simply
to meet in arbitrary and wholly unnecessary percentile requirement —all of which could
measulctbly reduce the size and competitiveness of the F.Wina Swim Club. More importantly,
hoxvcv -i. whatever new threshold llli ht be established should include provision for reasonable
flexibility to address changing circumstances. Whatever percentage, if any, might be
established. it stands to mason that it may not always sullice - -and that modification of the
Relationship Document to capture acceptable changes should be an important option. For
example, ifan organization's historical residency level has been at 75 %, what position would the
City intend to take should that percentage slip to 70 %'? in lieu of adopting enforcement action
far evety oceulrctice of noncompliance:. the City nlay wish to consider adopting a lower
threshold to accommodate in advance the probability of fluctuation, or alternatively to provide a
I'Mce per rod during with the association would have an opportunity to rectify slippage
Aquaiets Comment: It is possible that Edina Swim Club is pursuing a policy of no residency
targets because it envisions continued dilution in its Edina resident rate as it continues to grow.
The Edina Swim Club's attempts to monopolize an enterprise facility. Its diminishing Edina
residency rates may now or will soon, conflict with city policy. Aquajets will continue to grow its
Edina resident membership and pay fair market value for pool time. The entire community of
Edina benefits financially from Aquajets' use of the facility.
rs tin Alteulate Solution
As (rrr r(1 iry 11) (r k•r•e(,')11(1 v re".sidyncy test h.di a Swim_ Club sy g<'(•.1't8 fl (il J('rent
rrrc-c_fumiNInurhyl rr( (jfi,cvi +ely rrhieve.� theorigined goal ot the SperrJ.e 7rr.Vk/iucc.
r\s a practical matter, l?dinat Swim Club suggests that a percentage tesidency threshold
may not be the most appropriate or effective means of ensuring an unlimited oppottunity for
r*•Jina resident participation. While Edina Swim Club generally suppotts adoption of a 75%
residence threshold (ot sore variation thereof, as discussed above), it offers tot consideration a
S011.16011 that nlay better lit the needs and objectives of both the City and Fdina Swim Club
Aquaiets Comment: Regarding the "AIternate Solution ", the Edina community and its aspiring
swimmers are served very well by the collective efforts of Aquajets and Edina Swim Club to the
point of saturation. The additional swimmers that Edina Swim Club apparently wants to add
will necessarily come from outside the community. The reason Edina Swim Club is attempting to
remove residency requirements is likely because it already fails the percentage requirements and
its continued growth will lead to further reduce its Edina residency rate. This trend is
completely at odds with its efforts to monopolize all available time at Edina Aquatic Center
under the premise of the designated Edina youth swim association.
EXHIBIT B - Aquajets Response Letter
Page 19 of 25
' r \cc;otding to Edina Park and Rectcation staff. Aquajets has expressed a fallback plan to
SCUM -,etc call of its Fding resident swimmers into an "Edina only" satellite club in an efturt to
achieve 100% residency staters, and thereby engineer priotity access to the Edina Aquatic Center,
notwithstanding Aquajets' Iowa resident numbers For this teason, as will be discussed later, a
perccntaflc -based policy can be manipulated to produce unfair and unintended results
Aguaiets_Comment: An "Edina only" satellite club is not practical and was never considered as
a realistic alternative by Aquajets. We believe that there is adequate pool time under the present
allocation to achieve the goals of both teams.
Edirtct (: itN. C'onncil
Paoe 12
December 14.2011
ta) Thq L'roP-rmal
(l) Giant all Edina resident applicants preferential placement status with
Edina Swim Club, subject to normal eligibility requirements to cnstuc that
the child applicant can safely participate,
(2) if at any time Edina Swim Club reaches capacity such that it is unable to
place an eligible Edina resident swimmer in its program, the applicant
swimmer would be placed on a waiting; list and an automatic ntotatotium
Oil new swim recruits would be in effect until such time• as the swim club
had a new opening; —with eligible Edina resident swimmers being;
preferred over nonresident swimmcrs.K
EXHIBIT B - Aquajets Response Letter
r h) The Rulionu e
Page 20 of 25
(1) A swimming prograun can acconlrnodate substantially more participants
than most other athletic activities, making a numerical or percentage
restriction till necessariIy limiting, and deldmental to both Edina residents
and nonresidents alike. For example, while only ten players can be on the
basketball court and only 22 soccer players can be on the soccer field at
,)lie time, an ave,age 25) yard pool can accommodate 60 -80 swimmers in a
uol nlal practice, and hundreds of swimmers in a typical swine meet. Ill
short, the nunlhor of athletes able to participate in swirls practices and
Actual competition are comp:uatively unlimited, tllus providing greater
flexibility in accommodating new swimmers The size of both F.dina
S\vinl Club and Aquajcts Swim Club atc evidence of this.
(2) Unlike other programs where team size can inhibit the rccleational
experience, the overall swimming experience is enhanced for all
swinln,crs wllcn a lean, achieves a larger size. Though understandably
counterintuitive when considered in the context of many other sports
(wilele moire players generally translates into, more time on the bench), in
the case of swimming, just the opposite is true for the Following Icasons:
(i) Since training all([ Competition generally occuls Wltlllrl a e groups,
a larger team usually mans that mote comparably agar swimmers
cam train an(l compete together. "['his makes (lie overall experience
substantially more productive and enjoyable for the swimmers;
(ii) Relay participation- -one ofthe more exciting event categories for
most swillimers is heavily dependent on fielding a larger. team of
I'hc undcrlying intent behind this "motatoriun," proposal is in part to avoid disruption
11"%ociatcd With lenlovlllty ;In existing team nlelllber whets, in the case of a year tumid piogram
viiill 00 or illore swininiers and with constant fluctuation ill size. a brief waiting i curd would
1101111ally allow for rlaltural Vacancies to occur.
Edina City Council
pilge 13
1)Qcclllber 14. 2011
swinlnlcis. A team with only three swimmers ill a particular age
group. foe example, would be ineligible to field a relay for that age
"Voup ('ollvcrsely, a larger team is able to field numerous relays
in multiple ado otoups;
(iii) General socialization is enhanced. Swim meets hest a long time
(several ,lours each day). A larger team provides swimmers with
more comparably aged teammates, making the entire experience
substantially more interactive and enjoyable;
EXHIBIT B - Aquajets Response Letter
Page 21 of 25
(iv) Most swim meets are scored based on both individual and group
perfoliltanec As such, a larger swim team invariably carries more
%onllletitive weight" to the event, slaking the experience
si`:niticantly nlcirc exciting for the swimmers of both team~;
(v) Larger swine teams also equate to a larger group of swim
families- ..making it more feasible (and less burdensome to both
the club and tiunilies) to recruit the legion of volunteets that are
necessary to run tr complex swim meet. (While: this nrty he
unimportant to Aquaiets due to the fact that it doesn't host sleets, it
is eery important to Edina Swim Club and virtually all OtIlU swim
clubs in the State of \ilinnese►ta that work to make swine meets
possible), and
A ua'ets Comment: Aquajets' families volunteer at other team's meets from which Aquajets
does not profit. This includes last summer's Long Course State Meet hosted by Foxjets. Again,
Aquajets would be delighted to relieve Edina Swim Club of the burden of running any of their
multiple fund raising meets.
(vi) Importantly, a latger team enluulceti cash flow for the organization,
making it possible to ptovide more competitive rates For families,
to fund pool rental costs, to hire experienced coaching staff, to
make team hips more financially feasible, andloi to provide
assistance for highly competitive swinliners who may be eligible
for regional, national or other high level competition.
As to all of the above reasons. none ate dependent on achieving a specific
pucentage of Edina resident swintnlers C'ctnvcrscly, all arc enhanced simply by
vittue of being associated with a larger swine club organization. So long as every
Edina resident has an equal opportunity to participate, why would the City want to
impose arbitrary membership restrictions that operate to limit the positive aspects
of a swinitner's experience?
Aquaiets Comment: If the Edina Swim Club is successful in monopolizing all available pool time
at the Edina Aquatic Center, approximately 80 Edina residents on the Aquajets team would be
detrimentally affected. As noted above, these 80 Edina resident swimmers would predominantly
be displaced by non - resident swimmers.
' Consider, tier example, last year's 2011 Minnesota Long; Course State C:hanlpionship meet -
which lerattued ,15 separate swim clubs, 183 separate events, numetous heats Im each such event,
and countless swimmers— culminating in Aquaicts Swim Club edging out Edina Swine Clab fot
first glace by scares of X1.629 50 points to 4,614 points, a difference toughly equivalent to a. tic. If
cithet tuant e�'as smaller. it likely �%oulkl not have achieved this oUtconle, and the swinlnlets tint
cacti team and wtthiil their irtttividual age groups Would have been denied an exciting
upfxoi uutitV tai excel at the highest levels
EXHIBIT B - Aquajets Response Letter
Page 22 of 25
' C'onsidel. fi)r exalllllle. last yeat's 2011 Minnesota Long CouYse State Championship nlcct -
whicll Ct IMUCll 45 separate swim clubs. 181 sepatate events, numerous he;lts 1111 each such event,
and countless swimmers— culminating in Aquaiets Swiin Club edging out Edina Swirll ('lob fol
lilst place by sco►cs of 4.629 50 points to 4.614 points, a diftlerence toughly equivalent to a tic. If
eitllet tc ;lltl was smaller. it likely A-j)jIld Ilot have achieved this outcome, and the swimnlcts tot
( aca to ;un and lvithin their illdivicltlal ale ;groups %Would have been cienied an exciting
ollpoi tunit* to excel at the hi;lest levels
Aquaiets Comment: The results of the Long Course State Championship meet indicate that each
team already has sufficient size and facilities to compete at a high level.
L L111 l ('its' ('utulCil
Va-e 14
I )ece nlbel 14. 201 1
2, L. r�i !, e r1N(r:�e rt'nrrircAlrrcjlrt _ cr esir►c; c iu� r)f7rS)1 (lool, Iu)lic tr lOr eyv)- !, oulside vowh athletic
_r
/O 1'(�frr(f /rrlrL� and jcrrrlitie�•_(►►c Irrrin)�� Iltc r:eli!rrl slr1t«rlic;
i •('l1tC'r'.
\s clearly dcnwnstulted by the very dispute betweell Edina Swim Club and Aquajets
sv. ill) ('luh, ;1 percent;►L;e INLIll ll►ent CMItcs an open door "or any organization in �yant of Edina
l�cic ;lticm;ll liclds and I( 'hilc Aquaiets will undoubtedly deny this asscition, its entire
at"linlcrlt has !)Cell rooted in this lact. ;lduajets' only aiticufated position ill this dispute Ilas been
to idi aril' a lailule by I-dilla Swinl Club to n►eet a specific llerccnta�c rcyuirement that ('ark and
R "tcatioll stall welen't even proposing, and theil t(. tally in support of the adoption of that
Ietltln'Ctllc►lt In an Mort to somehow secure access Ei11. itself (even when its level of compliance
is subsulntially wolse) Aquajets doesn't contend that it sleets that requirement Rathcl it has
collecdccl !ha! it Falls fat shott of lidina S�--inl Club's pertornlanco level- -and yet still argues that
its 2?% conipliallce .justilies at least equal access to the Aquatic CCI1tC1 C0IlCCiy1Ihly. Aquajets
nlaintairls an. as vet, unstatecl position that it shotllcl at least have 25 %access .. -i.c . lxopoltionatc
to its claimcd I1.dilta Icsidcncy number Rcgardless of which argutment Aquajets oftcts, however,
a sirl'sular Huth a�'aiE, itself= —which is shat Aquajets believes that any percentage rctiidc'eci Icv'cl
riar,l� is a ,,rcatci opportunity Cc►r a tilothold within the Aquatic Center. fn shoit, by requiting
I dint losidcnts to join an outside association. that assOciatioll then pteserves a latq atgumcnt to
the t acct that its F(Iina nlcnlbership allows it access commensurate Nvith other I'dina
;lssoculliolls II that is true, the lloodgatcs Open Cot every h ditto yotrth;lthlctie liclll or facility.
I Inless the City tilnlly closes the door on this argument, it play soon have other
`nonresident" association~ (wllethel liar swimming, filothall, basketball, sc)cccr, baseball or any
ntllcl atillctic activity} sceking access A(iLK1.1ets' posture will quicIdy become City Policy—and
the spuds taski'Llicc plinciple of i sing-le youth athletic association Cot each sport" play become
hi.'WIN. it it h;tsn'l allea(Iy
Aquaiets Comment: A cascading detrimental effect to the principle is unlikely. Other Edina
sports teams meet the 90% residency requirement.
EXHIBIT B - Aquajets Response Letter
Page 23 of 25
1:. . .l — tense l'acili� [ssuc
In the background on this issue thete is a hoveting —and as yet unstated -- -issue rcgatding
the Edina Aquatic Center's status as an enterprise.l'acility While this is an important issue
%voldly of discussion, it should be inclevattt to the very narrow '`priority" issue raised in the
dispute between Edina Swim Club and Aquaiets Swim Club. The enterprise facility issue should
cimccrn only the City's expressed laced for a market rate cost recovery in connection with the
fees charged list access to its cntuprise facilities. While, as a recognized F.dina youth athletic
association. l ?diva Swim Club %would undoubtedly appreciate rate discounts equivalent to
discouutui tcttcs otitctwise charged for non - enterprise facilities. Edina Swim Club has always
p,rid the C'ity's mttrkct ►arcs and has c xpressed a willittgttess tc: continue to incur market rate
casts foi the Edina Aquatic Center.
A ua'ets Comment: This is indeed an issue that has enterprise facility implications. The City of
Edina is more likely to achieve fair market value for its services when a monopoly situation does
not exist. As noted above, Aquajets has historically paid over 30% more than the Edina Swim
Club for the use of Edina Aquatic Center. For the first time, both teams will be paying the same
$100 / /hour rate in 2012.
USA Swim determined that fair market value for swimming pool rent ranges from $150 -200 per
hour in order to cover operating expenses. Given the incredible demand for 50 meter pool time, from fair
it cant argued that the as Edina fered a rate of $150 / hour, a considerable revenue generating
market value. Aquajets has
opportunity for the Edina Aquatic Center truly reflecting fair market value.
Ci. 'I,'hc_' ,rust Factor
While Edina Swim Club recognizes and supports the necessity for City oversight with
respect to utilization of municipal assets, the extent to which the swim club has been required to
EXHIBIT B - Aquajets Response Letter Page 24 of 25
Edina City Council
11;11-c I i
Dcxzmber 14. 2011
"Irrtr�e
up" its credentials and ongoing service it) the Isclina commtinity--in the face of
encroachment by a nonresident organization—is tiotibling. In the fifty plus years that Edina
S«im ('till) lilts served the Edina community, countless thousands of Edina children and their
parents have been members (both as youth rand masters swimmers), served on boards,
volunreered, or simply cheered their children while sitting in cramped bleachers. Edina Swim
Club has no luxurious $4 1 Million swim complex. Instead, it cobbles together an array of pools
across the metro area (none of which encroach on the domain of other swim clubs). Its parents
carpool or otherwise transport their children up to several milt's each day so that their children
call train and socialize with their friends and neighbors. The relative few that join fiom other
crtntnnmilics generally have no Ittcal swim club While some do leave another club ream to join
I-cfina S +vier ('tub, they d0 so of (heir own volition rind alts not tecruited by Fdina Swim Club. If
the I'.rrl; Boartl or City Council want more from its resident youth athletic associations, Edina
Swim Club will endcavor to provide it it) the extent reasonably possible. Edina Swim Club
wspectfully requests, however. that the City Council, Vark Board, and general community afford
it some ieasonable trust. Aftcr over 50 years. Edina Swim Club has earned that.
Aquaiets Comment: Since the club's first year, Aquajets has used the Edina Aquatic Center.
There has been no encroachment, by one team or the other but rather mutually beneficial
sharing of pool time common among swim teams in respectful competition. Every 50 meter pool
in the metro area is shared by multiple swim teams. Edina Swim Club's demands to
unnecessarily monopolize all Edina Aquatic Center pool time is unsupportable, if not predatory,
and reflects poorly on the Edina Swim Club and the Edina community in general.
The Edina Swim Club is a privately held entity. It is independent of both the Edina Park &
Recreation Department and the Edina School District. It is asking for sole control over a multi-
million dollar public facility, at the expense of other Edina residents. It has not demonstrated a
clear need to monopolize the Edina Aquatic Center, and in fact continues to misuse the facility
with masters swimmers and small children who require a bulkhead installed in the middle of the
pool. At such time as the Edina Swim Club can amply demonstrate the need for 27.5 hours per
week of pool time (a 57% increase from its current level), it is reasonable to ask the two clubs to
get along and share the pool. It is the fair thing to do.
Continuing to allow the two Clubs to utilize the pool space and time efficiently and effectively is
in the best interest of Edina resident swimmers and allows them to continue to have a choice of
clubs to best serve their unique needs. Affording this choice has been and will continue to be in
the best interest of the children. Aquajets believes this is reasonable and desires to establish a
cooperative relationship with the Gators to share the pool.
EXHIBIT B - Aquajets Response Letter Page 25 of 25
ror all of the above - stated reasons, Edina Swim Club respectUly requests that the City
Council grant Edina Swim Club first priority access to the Edina Aquatic Center for all available
nonpublic pool times from and after August 1 I, 2012,
It%:..."pceI I,WIN..-._
Icl r_ C 41:11ttei
(,'�nu��e! liw the r\ppcllant
.11 X.'
Ckc VICIrwl C (.ilovvl,. fail
M
Cnc�n Flnwl
DEC 19 2011
Dear City Council Members:
I am writing to you regarding the Edina Aquatic Center. I have three daughters who swim year- around for the Aquajets
Swim Team. My oldest daughter, Emma Wittmer (9th -grade WMS), swam this fall for the Edina High School girls
team and was part of the state - championship team as well as the all- conference team.. Next year, my daughter Rachel
(7th -grade WMS) will swim on the team and soon Lucy (5th -grade Countryside) will join her sisters as a Hornet
swimmer, too! I understand that at your next City Council meeting you will be considering the issue of how to adopt
policy for the Edina Aquatic Center and how to allocate pool time between the Aquajets and the Gators. As you can
imagine, this issue is of great importance to me and my family, as well as the 80+ (and growing) Edina residents who
call themselves Aquajets.
I urge you to adopt a policy that encourages the sharing of the pool. Unlike short- course (25 -yard) pools, long- course
(50- meter) pools like the EAC are a scarce resource in Minnesota. Every other 50 -meter pool in the metro area is
shared between, not just two, but multiple swim clubs. Encouraging the Gators and the Aquajets to continue to share
the EAC as they have for the last 9- years, is not only in the best interest of both swim clubs and the swimming
community in general, it is also in the best interest of the city of Edina. Sharing the an enterprise - facilty between two
clients of good- standing is good business, but sharing also just reflects well on the Edina community.
There is plenty of pool time to be shared between the two teams. Currently, the Gators occupy the EAC for 17.5 -
hours /week, while the Aquajets occupy the pool for 10- hours /week. The two teams are essentially the same size. If
Aquajets has been able to find great success managing our team with a mere 10 -hours of training per week in the long -
course pool, it is difficult to imagine why the same -sized Gators would require the entire 27.5 hours. The Gators already
have priority status, the Aquajets are not asking for more time. We only want to maintain the status -quo. Please help us
keep our pool time.
Finally, the Gators in a recent letter from their lawyer to the City Council made many factually inaccurate statements
and potentially damaging claims againstthe Aquajets. I am extremely troubled by this. As an Edina resident, this kind
of mean - spiritedness and pettiness is an embarrassment to our Edina community. From what 1 understand, the Aquajets
have extended many olive branches to the Gators in an effort to resolve the pool issue without involving the Park Board
or the City Council. Unfortunately, the Aquajets' many attempts at outreach have gone unanswered by the Gators, and
now we find ourselves with lawyers and coming to you Council Members for intervention. How to share the pool is
understandably a difficult issue, but I would hope that both sides would negotiate in a spirit of good sportsmanship,
always with the best interest of the kids, the teams, the swimming community and the Edina community in mind. I urge
you Council Members to insist on good sportsmanship and strongly discourage mean - spiritedness throughout this
process.
Thank you for the time that you will inevitably spend helping our teams resolve this issue of how to share the
pool. Your efforts are greatly appreciated!
Yours,
Lisa Wittmer
4706 Sunnyside Rd.
Edina, MN 55424
952- 220 -5497
RECE V ED
Susan Howl
Dear Edina City Council,
I am writing this letter to express my concern over a campaign by the Gators swim team to monopolize access to the
Edina Aquatic Center pool. Recently they have raised the stakes by hiring an attorney to send a letter to the city council
on their behalf. I find it alarming that they would take this step as it is my understanding that they have continually
rejected discussions with the Aquajets over the allocation of pool time at the EAC.
For the last nine years the Aquajets and the Gators have been able to happily share the EAC 50M pool allowing all of our
Edina swimmers access to this valuable resource. By the Gators demanding that the pool be exclusively theirs, the
80+ Edina residents who swim for the Aquajets would not have access to the Edina 50M pool (and possibly any 50M pool,
due to the scarcity of this type of pool). A significant percentage of the Edina Hornets high school swim team train
outside of the high school season with the Aquajets. The EAC pool is a valuable community resource that should be
shared for the greater good of all Edina residents.
My daughter swims for the Edina High School varsity swim team and for the Aquajets. When my daughter expressed an
interest in joining a swim team, we explored going the Gators but the practice schedules did not fit our needs. We then
discovered the Aquajets and joined them seven years ago. The experience has been very positive and she has become
close friends with many of her long -time teammates and she loves the Aquajet coaches. The Aquajet coaches have
honed not only top quality swimmers but better citizens in their continuing lessons of good sportsmanship and
compassion to all.
The claim by the Gators that they need all 27.5 hours allocated per week at the EAC seems unreasonable. Both teams
have a similar number of members and the Gators already have 75% more time than the Aquajets (17.5 hrs vs. 10 hrs per
week). The Gators would be the only team in the metro region (and possibly the state) with exclusive access to a publicly
funded pool. It is good business for the EAC and good stewardship of our tax dollars to allow multiple teams, both having
significant Edina resident members, the opportunity to bid on this valuable pool time. This public resource can and
should be shared and not be locked up in an exclusive use agreement which will diminish its value.
Thank you for taking the time to consider my points. I am sorry that this situation has been escalated to this level and now
needs to be addressed by the city council.
Sincerely,
Jim Evans
6232 Concord Ave
Edina, MN 55424
952 - 925 -5672
Susan Howl
Dear Mayor Hovland and Edina City Council Members,
U9LoaCENE
DEC 19 2011
I am writing to you as you consider a fair use policy for the Aquatic Center. My daughter, Erica Evans, is an
eighth grader at South View and swam on the varsity swim team this past fall; she had the time of her life...
wonderful team spirit, fabulous coach, older swimmers who were ideal role models... Swimming is Erica's
primary sport and she loves it. I am concerned because I have learned that the Gators have now involved an
attorney who has sent a letter to you making damaging claims about the Aquajet Swim Team.
When looking for a swim team for Erica in 2004, 1 went to Gators because that was the only team I
knew. Because of our family schedule there was no way to make the practice times at her level work. We
decided to put swimming on the back burner until we learned of Aquajets, which offered a schedule that
worked for us. For more than seven years Erica has swam with the team. She loves her coaches and has
made lifelong friends. Our head coach's motto is "Happy swimmers make fast swimmers "; our coaches make
swimming fun and teach their swimmers to be fair and supportive of other teams and swimmers. Contrary to
what the Gator attorney would have you believe, winning the state meet is not the primary goal of the
Aquajets; in fact, several Aquajet swimmers do not even compete at the state meet in August because they
are competing at meets outside of MN at a national level. Achieving individual personal best times, having fun
as a team and swimming together on relays are what it's all about.
As I am sure you know, fifty meter pools are a rarity in the greater Twin Cities area. Each one is shared by
several club teams during the summer months; not one belongs solely to one team. Access to a fifty meter
pool is essential for training purposes during the summer season (referred to as the "long course
season "). More than 25% of the Aquajets swimmers are Edina residents; our two teams are similar in
size. For the past nine summers, Aquajets has had access to the Aquatic Center for 10 hours per week; Gators
have had access 17.5 hours per week. We are not asking for any additional hours, just the status quo. As John
Keprios explained in the Park and Rec Board meeting on November 7th, both teams have been exceptional
renters.
Given the fact that the two teams have successfully shared the pool space in the past, I question why we can't
continue this agreement. I realize that their team has grown, but they are still no larger than our team and
already have 75% more pool time than we do; additionally, both teams have a number of taxpaying Edina
residents. Our head coach and board members have tried several times to discuss the pool situation with
Gators board members and coaches; they were unwilling to engage in a discussion. It is unfortunate that the
Park and Rec Board, and now City Council, are put in the position of mediating. Thank you for taking the time
to read this letter and consider my input.
Sincerely,
Molly Evans
6232 Concord Ave.
Edina 55424
Susan Howl
From: Lynette Biunno
Sent: Monday, December 19, 2011 9:28 AM ��
Cc: Susan Howl
Subject: FW: City council
DEC 19 2011
Lynette Biunno, Receptionist
952-927-88611 Fax 952 -826 -0389
i ! Ibiunnoeci.edina.mn.us 1 www.CityofEdina.com
...For Living, Learning, Raising Families 6&. Doing Business
We're a do.town ... working to make the healthy choice the easy choice!
From: Kelli von Heydekampf rmailto:kellisvh(d)gmail.coml
Sent: Sunday, December 18, 20113:57 PM
To: Lynette Biunno
Subject: City council
To whom it may concern,
I am a first year, Edina resident, Aqua Jets parent. My daughter is thoroghly enjoying her experience with the
team. I am most hopeful that the swimming pool issues with the Edina Gator's Team will be settled amicably
for no other reason but that it shows good sportsmanship on both sides. I do not kow all the details but I do
know that we must model to our children what we expect from them. We live in an abundant, resourceful
community that has an obligation to model respectful communication, to create working compromises for both
sides, and to use the tax payers money in sensible ways. I have the utmost faith in the Edina City Council that
they are capable solution finders.
In Appreciation,
Kelli von Heydekampf
612 306 5316
Susan Howl
WECENED
DEC 19 2011
December 18, 2011
Edina City Council
City of Edina
Edina City Hall
4801 W. 50`" Street
Edina, MN 55424
Dear Members of the Edina City Council,
I am writing to you in support of the Edina Swim Club and their recognized status as an Edina Youth
Athletic Association member. The Edina Swim Club has been a part of our community since 1957 and has
supported thousands of Edina youth over the last 4 decades.
As president of another Edina Youth Athletic Association member, I am in support of the Edina Park
and Recreation Department Policy that names the Edina Swim Club as the recognized swim club. in Edina and
gives them priority access to the Edina Aquatic Center. I understand that the Park and Recreation staff is
requesting a 75% Edina resident threshold and I believe that it is an appropriate requirement for a swim club.
I respectfully request that you pass this policy on behalf of the thousands of families the Edina Youth
Athletic Association serves each year and honor the long history of the Edina Swim Club in our community.
Respectfully,
Kris Henderson
Edina Girls Fastpitch Association President
Sncnn Hnwl
Dear City Council members,
1 -01E_ V
DEC 19 2011
I am writing to ask the City Council to continue to support two outstanding private swim teams in the Edina area by
allowing each to use the Edina Aquatic Center long course pool for training during the summer season. I am a new
resident of Edina, having moved my family here last April. Three of our four children (ages 8, 9, and 11) are swimming
with the Aquajets swim team (our youngest, age 5, will likely begin in the next year or two). They all attend Edina Public
Schools and compete on other Edina community teams (baseball and hockey). We have loved our time in Edina so far,
often describing it as "kid heaven" to our friends across the country.
I was a swimmer growing up, and competed at the national and international level. International swimming competitions
are held almost exclusively in long course swimming pools. In Minnesota, we only get to swim long course for a few
months of the year; this time is critical to success at the highest levels of swimming. Long course pools are more than
twice as long as "short course" (25 yard) pools, and unless swimmers become accustomed to the longer distance, it is very
difficult to be competitive with swimmers who have more regular access to these kinds of facilities.
Both the Aquajets and Gators teams are outstanding programs serving the Edina area. Both were ranked by United States
Swimming in the top 100 programs in the country in 2011 (Aquajets was #9; Gators was about
64th). See htti2 / /www usaswilnmina org/ViewMiscArticle aspic ?Tabld =1706& Alias = Rainbow &Lank =en &mid = 1071 &It
ernld =5212 . Our community is extremely lucky to have access to two swimming programs of this caliber for our
children! Our family was attracted to the Aquajets Swim Team because of their coaching staff and unique training
philosophy. Kate Lundsten is the Aquajets head coach, and is very well respected by the national swimming
community. She and the rest of the Aquajets coaching staff are doing an outstanding job of balancing "making swimming
fun" with the technical instruction and training that the youth need to reach their potential.
I have a straightforward idea that could allow the city to establish a pool time allocation policy that could be used going
forward.
First of all, I believe that our city's athletic facility priorities should be focused on the youth of Edina, and not on the
desires of adult master's swimmers (I am a registered Master's swimmer myself). Because the Gator's team offers an adult
program, the number of "Edina residents" swimming for the Gators program is larger than if only youth were
considered. If we compare youth only, the ratio is approximately 2:1. With one third of the youth that swim in Edina
swimming at Aquajets, I believe that the city would be making a mistake to give exclusive access to either of the teams.
Perhaps the percentage of Edina youth who swim year -round on each program should be the scaling ratio used when
establishing how pool time will be divided (ironically, this is approximately the current ratio of pool time!). In keeping
with the 90% rule used for the community-style sports, I think that it would be consistent to require private swimming
programs to represent at least 10% of Edina's youth before they would be considered for swimming pool time.
Please continue to support both of these outstanding programs, and help Edina to continue to be a hotbed for fast
swimming in the North!
Best regards,
Scott Jones
Scott Jones
4601 Edina Blvd.
Edina, MN 55424
952 -564 -8517 (cell)
Sncan Mnwl
DEC 19 2011
Dear City Council members,
It is with regret that I write this email regarding the discussions surrounding the Edina Aquatic Center. I wish that there
was no contention between the two local swim teams that serve the Edina community and it's surrounding areas. I am
sorry to hear that one team wishes to speak for all of Edina and have the privilege of using the Edina Aquatic Center
exclusively. I hope that the Edina City Council will recommend and encourage these two teams to work together and
share the valuable resource of a 50 meter pool, just as all other 50 meter pools in the Twin Cities are shared by multiple
teams. Both the AquaJet swim team and the Gator swim team have very talented young swimmers who depend on a 50
meter pool to train in. With Edina's rich history of excellence in sports, I would think that Edina would be proud to be
supportive of two nationally ranked swimming teams training in their city. To determine that one of these teams should
be sent out to find a new facility to train at, that is already shared among other teams, would be an enormous
handicap. To strip either team from the use of this facility would dramatically decrease their ability to adequately train the
swimmers they have, as well as put their future as a competitive swim team in jeopardy. A 50 meter pool is absolutely
critical for training a nationally ranked swimmer or an up- and - coming swimmer who wishes to someday compete at the
national level.
I have three children that swim for the AquaJet swim team and see a large and excited AquaJet swimming community
within blocks of our home in Edina. The families around us love the team and coaches as much as we do. The coaches
have encouraged a love of swimming, sportsmanship, and teamwork. Our oldest daughter works directly with the head
coach of the AquaJets and we have nothing but praise for her and the way she conducts herself with the kids she
coaches. Our younger children swim with different coaches for the age - groups, but again, the coaches have been kind,
patient, and supportive - encouraging the kids to treat everyone with respect and decency. We joined the AquaJet swim
team when we moved to Edina after talking with the head coach. Her training style with a focus on technique, her
encouragement for a love of the sport, and her emphasis on good citizenship and sportsmanship was exactly what we were
hoping to find.
While I think that the city of Edina would want to be in a position to support athletes wishing to train at Edina facilities
when there are no similar facilities in less well -off neighboring communities, l know that residency numbers are coming
into the discussion. The city council's purpose, I understand, is to serve the city of Edina and it's residents, but I also know
that Edina does not want to appear to be so exclusive as not to share an Olympic sized facility with youth training for the
2012/2016 Olympics simply because they live a mile or two outside it's borders. That would not reflect well. Despite this
consideration, I think that the Gator swim team may have more total Edina residents. My understanding is that about 1/3
of Edina swimmers are AquaJets and 2/3 are Gators. I also know that the Gator swim team has a Masters program for
adults and the AquaJet team does not. There are several parents on the AquaJet team that swim with the Gator Masters
program and I know from talking to them, they would never wish for their morning workout to take the place of a
youngster chasing a dream to swim at the Olympics or even to swim for the Edina high school swim team. Please
consider this as well, as I know the adults are reflected in the numbers of Edina residents on the Gator team.
In summary, I hope that the Edina City Council will help and support both of these teams to allow the young people in
this area to reach for their potential. It would be sad if one of these talented teams was given a status to essentially kick the
other team out of Edina. It is already sad to see the toll this debate has taken on our community. I hope that the City
Council can provide the leadership that these teams need to remedy this situation permanently so that the debate can
dissolve and our community can heal, allowing Edina area swimmers to redirect their energies toward excellence and
sportsmanship.
Sincerely,
Kim Jones
4601 Edina Blvd.
Edina, MN 55424
952 -564 -8970
December 19, 2011
Edina City Council
City of Edina
Edina City Hall
4801 W. 501" Street
Edina, MN 55424
Dear Members of the Edina City Council,
DEC 19 2011
I am writing to you in support of the Edina Swim Club and their recognized status as an
Edina Youth Athletic Association member. The Edina Swim Club has been a part of our
community since 1957 and has supported thousands of Edina youth over the last 4 decades.
As another Edina Youth Athletic Association member, I am in support of the Edina Park
and Recreation Department Policy that names the Edina Swim Club as the recognized swim club
in Edina and gives them priority access to the Edina Aquatic Center. I understand that the Park
and Recreation staff is requesting a 75% Edina resident threshold and I believe that it is an
appropriate requirement for a swim club.
I respectfully request that you pass this policy on behalf of the thousands of families the
Edina Youth Athletic Association serve each year and honor the long history of the Edina Swim
Club in our community.
Respectfully,
Robert T. McGarry, Jr.
Past President, Edina BasqI- ciatio n
Current Head of Boys Travel, Edina Basketball Association
Current Edina Girls Fastpitch Association Board Member
Current Member User Fees Working Group Member
Member of Edina Youth Athletic Association Alliance
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ina's residents healthier and make Edina's sports teams even more competitive. I would please ask for
you to reply back with your thoughts on the idea. Thank you.
Sincerely,
Lauren Wright
7000 Tupa Drive
Edina, MN 55439
SUSAN & ROGER NORBERG
8 December 2011 R E C E W E D
An open letter to the Mayor and City Council of Edina DEC 2 0 2011
Dear Mr. Mayor,
I was surprised and alarmed to learn that the City of Edina is seriously considering $5 million of
"assistance" to the Simon Property Group for renovations to the Southdale mall. There is a long list of
reasons why this idea is completely misguided.
First, by offering "assistance" to any developer you will open the door to solicitation from every other
commercial property owner in Edina for some type of "assistance ". I am sure that all of those other
proposals will twist together some logic that looks compelling, but every consideration only complicates
matters further.
The point is, once you step over the line and engage in providing what is essentially capital to one private
interest, you are de -facto declaring that interest "special" or more important than other participants.
Doling out capital to private enterprise is not the role of this city council, the office of the mayor, or any
municipality for that matter.
I think if you take a look at the financial statements of the Simon Property Group you will find that there is
no real estate developer in the world better equipped to finance Southdale's needed upgrades. Further,
there is no developer in this country that has better access to financing at the lowest possible rates.
The Mayor and City council's obligation to any business interest in Edina is to provide the best possible
public support in terms of fire, police, infrastructure, traffic control, and responsible regulation of other
property owners that preserve the value of all constituents.
This is playing favorites, and playing to an interest that should be embarrassed for putting their hand out
to the City. The Southdale mail property is one of the most attractive in the country because of its location
and because it is part of Edina. Location is everything in real estate and the city is already providing what
it should to this developer. Perhaps you should look at the economics of Southdale vs similar high end
malls in other states to see if in fact we under charge this developer for city services and the value of this
location.
I am not against the city spending money on much needed infrastructure improvements or education. If
the developer in question does not feel compelled to source the $5 million through the private markets,
perhaps they should sell the mall. There will be a line out the door of bidders.
Should you proceed on this mis- guided adventure, expect an even bigger line to form outside your door,
asking for handouts and using this proposal as precedent.
I trust that you will all do the right thing.
Rec ards
Roger Norb g
il.com rnobe20@
4240 LYNN AVE S EDINA, MN 55416
Susan Howl
From: Lynette Biunno R EC t� �� v nE D
Sent: Friday, December 16, 2011 2:34 PM
Cc: Susan Howl
Subject: FVV: Ralph's Shoe Service DEC 19 2011
Lynette Biunno, Receptionist
r �G� V 952-927-8861 1 Fax 952 - 826 -0389
,. hy�` IbiunnoCcDci.edina.mn.us I www.CityofEdina.com
For Living, Learning, Raising Families & Doing Business
We're a do.town ... working to make the healthy choice the easy choice!
From: Rondamjmd Lmai Ito: rondamimdO)aol.coml
Sent: Friday, December 16, 20112:29 PM
To: Lynette Biunno
Subject: Ralph's Shoe Service
Dear Mayor Hovland,
It does not look good for Southdale to be asking the city for financial favors while it dismisses good quality stores like
Ralph's Shoe Store. Please do what you can to convince the owners of the Mall that in order to obtain integrity at that
tacky, crime infested place they need to do everything it takes to retain quality stores such as Ralph's Shoe Store, The
Fixery, Games By James, etc. Otherwise I'm an Eden Prairie Mall shopper for good.
Sincerely,
Marie Sullivan
4512 Hibiscus Ave.
Edina, MN 55435
Rn [E C fE WE E 0
Susan
Honorable Mayor Hovland and City Council Members,
A unanimous vote was taken at the Dec. 6, 2011 City Council meeting to correct the traffic hazard created by the six
spruce trees at Sally Lane and Valley View by adopting the 12 -6 -11 staff recommendation to trim the spruce hedge to a
height of 8 ft with the objective of creating a 200 foot line of sight. City Engineer Wayne Houle then worked with the
homeowner during the next week to trim the ends of the branches of five of the six spruce trees such that a 200 foot
line of sight would be available at the intersection. Two to four inches were trimmed off the ends of five of the six
Spruce tree's branches, and at most, six inches in some places.
I have driven through the intersection to review the results and find it inadequate. Although the trees have been
trimmed to marginally allow a 200 foot line of sight, because the 200 foot distance is inadequate, a motorist must nudge
out into the intersection nearly as far as previously (see photo below). The 200 foot distance is characterized by WSB in
their Nov. 21, 2011 engineering study commissioned by the City of Edina as "a last resort way of avoiding an accident."
Spruce trees grow continuously during growing season and even the 200 foot line of sight will soon be obstructed in the
spring. There have been many near misses at this intersection. The intersection continues to be an accident waiting to
happen.
A better solution would be to limb up the 6 spruce trees to a height of 8 feet. Limbing means that the lower limbs would
be removed all the way to the trunk to a height of 8 feet, in effect making it a pleached spruce hedge. Eight feet is
desirable to account for a heavy snow fall condition. Limbing is a common practice for conifers in the right -of -way. See
spruce at Sally Lane and Paiute Pass, Comanche Ct and Valley View, Dakota and Valley View, Gleason and Dewy Hill Rd,
many places along Vernon, etc. The practice of limbing relieves the homeowner of having to trim multiple times during
growing season. Because limbing is something that a homeowner can do themselves, there is little cost to the
homeowner, other than to have the branches disposed of.
It is clear that the City has the authority to require trees in the City easement to be limbed for public safety purposes
pursuant to both the 1201 codification of 1970 (see below) as well as under the current 1200.02 codification of 1992. If
the spruce trees were planted prior to the August 3, 1992 codification, a permit was required to plant trees and shrubs
in the public road easement. If the trees were planted after that date, per 1200.02, subd. 2.F.5, conifers are expressly
prohibited without written permission of the Park Director. Neither such permission has been produced. All that is
alleged in a previous home owner's Oct. 24, 2011 letter is that an unnamed Edina "city planner" in "winter 1992"
recommended that the homeowner "plant a row of arbor vitae bushes along the road ". The letter does not allege that
the spruce hedge was recommended, or that the city planner had authority under the then existing ordinance to
approve planting conifers of any kind.
To ensure an adequate line of sight, I recommend that the 6 spruce trees at Sally lane and Valley View be limbed up to a
height of 8 feet to support neighborhood safety. If you have any questions, do not hesitate to contact me.
1970 codification of 1201
Sec. 5 (a) Except as provided in subsection (b) hereof, no person shall obstruct, encroach upon, encumber or otherwise
interfere with any public grounds, or streets, or easements held by the village for street or utility purposes, by putting
thereon any curbing, paving, fences, buildings or other structures, or planting thereon any trees or shrubs, or depositing
thereon any other matter. The prohibition herein stated shall apply as to any easement to the entire width or extent
thereof, and not just to the portion which may from time to time be in public use for travel or other purposes. Any such
obstruction, etc., is hereby declared to be a nuisance, as stated in Minnesota Statutes, Section 609.74. The village may
cause any encumbrances or obstructions which now exist or hereafter may exist in violation of the provisions hereof to
be removed and the cost thereof to be specially assessed against the property owned by the person who caused such
encumbrance or obstruction to be created...
Sec. 5(b) (4) Trees and Shrubs may be planted in public road easements, or in public streets, boulevards, alleys and
highways when permit has been obtained therefore under Ordinance No. 1211.
Sec. 5(b) (6) Trees and shrubs may be planted, and fences may be erected, on land which is subject to an easement for
public utility purposes and is not also subject to any easement for public travel or highway purposes.
Dianne Plunkett Latham
7013 Comanche Ct
Edina MN 55439 -1004
Photo Created Dec. 12, 2011 at Valley View and Sally Lane after the spruce hedge had been trimmed on about Dec. 11,
2011
z
Cncan wnwl
DEC 19 2011
Mr. Sullivan,
I have a couple of questions you can answer for me at the Monday, December 19, 2011, meeting.
Questionl
Regarding the first phase of the Tracy Avenue Project. Benton to Vernon. I understood the estimated cost to be
$1,500,000.00 with an 80/20 split: 35 residents would be responsible for the 20% which calculates out to
$300,000. which would be $8,571.00 per resident with a simple interest rate of 5% it comes to a cost of $9,000.
Over 20 years it adds $450.00 per year to property taxes. That seems like an awful large amount. If I have the
wrong numbers can you show the calculations at the meeting of Dec 19, 2011?
Question 2
Will the Waters Group be part of the assessment for the second phase of the Tracy project? I realize they are not
on Tracy but since that section was subdivided and the zoning changed they have some responsibility for the up
keep of Tracy Avenue. Colonial Way is more like a driveway from Tracy to their Senior Living
Apartments/Nursing Home. The area is more like an industrial park since in fact they are an industry. They
happen to have a park between them and Tracy. Their residents, employees and vendors will be using Tracy
much more than I will. Again I believe they are more of an industrial park that is located off Tracy and should
bear some of the cost to rehabilitate Tracy. I am sure their construction will more than ever create a need to
rehabilitate Tracy. If they are not going to be assessed can you explain why?
Question 3
Wouldn't it be more cost effective to do all of Tracy at one time? If the project was put off for one year couldn't
the city take the money from the first year, invest it — save it, and combine it with money from the second year.
The cost to the residents would be spread over more residents and may be less than doing it in two phases. Does
that make sense?
I ask these questions now so we can keep the meeting to a reasonable time.
Thanks for keeping us informed and being open to communicating with us.
Bill Rodgers
6100 Arbour Lane
Edina, MN 55436
952- 927 -9421
Susan Howl
From:
Lynette Biunno
Sent:
Tuesday, December 20, 2011 8:42 AM
Cc:
Susan Howl
Subject:
FW: Valley View and Sally Lane tree problem
ysr•:, . Lynette Biunno, Receptionist
r�Gy 1'
952-927-88611 Fax 952 - 826 -0389
Ibiunno(ccD-ci.edina.mn.us I www.CitvofEdina.com
...For Living, Learning, Raising Families 6e, Doing Business
We're a do.town ... working to make the heallhy choice, the easy choice!
From: DobrinCaro @aol.com [mailto:DobrinCaro(&aol.com1
Sent: Monday, December 19, 2011.6:36 PM
To: Lynette Biunno
Subject: Valley View and Sally Lane tree problem
We are writing to ask the City Counsel to limb up the six spruce trees to a height of 8
feet. We have had many near misses of accidents at this intersection. Nearly every time
we try to make a left turn from Sally Lane onto Valley View the approaching cars honk at
us because we are well into the intersection. We do not feel safe in our neighborhood.
Stan and Carol Dobrin
7001 Sally Lane
Susan Howl
From: Lynette Biunno
Sent: Monday, December 19, 2011 4:24 PM
Cc: Susan Howl
Subject: FW: Evergreens at Sally and Valley View
Lynette Biunno, Receptionist
952-927-88611 Fax 952 - 826 -0389
?,Ibiunnoaci.edina.mn.us I www.CityofEdina.com
...For Living, Learning, Raising Families & Doing Business
Were a do.town ... working to make the healthy choice the easy choice!
From: ckfrisch@)aol.com [mailto:ckfrischCabaol.coml
Sent: Monday, December 19, 20113:43 PM
To: Lynette Biunno
Subject: Evergreens at Sally and Valley View
Dear Edina City Council Members, '
Jan and I are very disappointed to see such minimal progress on the issue of the overgrowth of the evergreens at Sally
Lane and Valley View which impede vision at that corner for drivers and walkers. We understood from the last action of
the Council that the trees were going to be limbed very soon to a height of 8 feet overseen by Wayne Houle. I have left a
call at his office with no reply. We assume that the small amount of trimming is only a temporary measure and that the
vote at the last meeting will be enforced.
Thank you all for your attention to this matter.
Sincerely,
Carol and Jan Frisch
7025 Comanche Court
Edina, MN 55439
952 - 829 -0604
Susan Howl
Dear Mayor Hovland and Council Members:
RECEWED
DEC 19 2011
The following list of ETC accomplishments was shared with members at our December meeting. As the list
shows, 2011 was a year of accomplishments that would not have been possible without your leadership and
support. On behalf of the ETC, Thank You. We look forward to continuing this work in 2012.
Sincerely,
Jennifer Janovy
ETC 2011 ACCOMPLISHMENTS
• Welcomed 4 great new members
• Introduced and received Council approval to pursue Living Streets Policy and
Implementation Plan
o $15,000 grant
o Donated Complete Streets workshop
o Formed Living Streets Working Group
• Revised ETC ordinance
• Formed Transportation Options Working Group
• Members participated in Grandview planning
o Living Streets principles reflected in plan
• Pursued Complete Streets vision for France Avenue
o Council directed bridge re -scope
o $1 million in CIP for at -grade crossings
• Reviewed and advised on TLC Bike Boulevard
• Reviewed and advised on capital improvement projects
GREAT JOB EVERYONE!
Susan Howl
Subject: Edina Art Center
DEC 19 2011
To the Edina City Council:
Art inspires and enriches our lives.
Creative curiosity has lead me and countless others to succeed in all aspects of life. The development of that
curiosity is courageous and important. It's art education and Edina needs to support the Edina Art Center to the
level of cultural experience the people of Edina expect.
I'm Dean Koutsky and I run a painting studio at the Edina Art Center.
Art education is important to me.
I chaired the MCAD Board when the school separated from the Minneapolis Institute of Arts. Ten years of
teaching there followed my advertising career, ending as vice chairman of Campbell Mithun Advertising.
I know investments. I know bottom lines. I know making tough decisions. I know what it takes to support
worthy causes.
Nurturing art ability is a gift and the people at the Edina Art Center are especially good at it. It takes
professional leadership and I see that in Michael Frey who works well with instructors and staff.
It's exciting to see people, from young children to adults of all ages, improve their art abilities. And it happens
every day at the Edina Art Center.
Financial support in these times is difficult of course, but don't be shortsighted when it comes to who we are
and what we represent to this Village. To Edina. And beyond.
Please continue your support of the Edina Art Center.
Dean Koutsky
i
BURNET
December 19, 2011
Mayor James Hovland
City of Edina
4801 West 501h Street
Edina, MN 55424
RE: Proposed real estate sign ordinance
Dear Mayor Hovland and City Councilors:
DEC 19 2011
Leonard D. MacKinnon
Director of Marketing
7550 France Ave. South
Edina, MN 55435
Voice 612.940.1941
FAX 952.844.6444
Leonard@CBBumet.com
Sent via Email
I am writing on behalf of Coldwell Banker Burnet to express our support of your proposed sign ordinance regulating the
size of real estate lawn signs. For nearly thirty years, our company has favored a "post style" lawn sign with a sign panel
that is approximately six square feet in size. This sign configuration is somewhat industry standard and generally sign
riders are added that attach to the top of the post and the bottom of the sign panel. Additionally, brochure boxes are
frequently attached to the sign post. We evolved to this sign design following problems with smaller "stick- in -the-
ground" signs that caused traffic problems due to lack of readability, were unsightly due to rusted frames, and were
difficult to remove from frozen ground.
Based on the information we have seen associated with your proposed ordinance, it is clear that many lawn signs are
currently out of compliance. We understand the need for you to either enforce your current ordinance or amend it. Wr
believe your proposal to create a new 10 sq /ft ordinance that allows most of the existing non - confirming signs is in the
best interest of the City of Edina and its residents; for the following reasons:
• Real estate lawn signs are an important element in the marketing of a home. According to the National
Association of Realtors 2010 Survey of Home Buyers and Sellers, 57% of home buyers used the lawn sign as an
information source during their home search.
• Effective home marketing includes the dissemination of information to many prospective home buyers in an
effort to find that one most interested buyer to purchase the home and achieve the goals of the home sellers.
• The sign riders that push today's signs beyond the legal size limit connect the buyer to the listing agent and
convey important information about the property.
• Many sign riders connect the buyer to property information via technology tools such as Interactive Voice
Response Systems, The Internet, Text Messaging, and QR Codes; eliminating some of the need for old- fashioned
tools such as newspaper ads and brochures.
Having a robust housing economy is important to the economic vitality of a region. As a city, you want to be known as a
place where people enjoy life and want to live. We believe that a streamlined process for buying and selling a home is
integral to that quality of life and that your proposed sign ordinance supports those ideals.
Thank you for your consideration of our opinion. We are available for further involvement should you want further
input from us.
Sincerely,
Leonard D. MacKinnon
Director of Marketing
MEMO
City Hall • 4801 W. 50th St., Edina, MN 55424
one 952 - 927 -8861 • Fax 952 - 826 -0390 • www.CitygfEdina.com
Date: December 20, 2011
To: City Council a Scott Neal and staff.
From: John Kepri s
Re: Late Arrival E ils /Letters
Attached are copies of letters and emails that were not received in time to be copied and included in the
Council's packet.
As you will notice, there are two emails from Jeffrey D. Carpenter that were received today. I call your attention
to those emails because he takes issue with the fact that the Aquaiets submitted their brief after the deadline
requested by Manager Scott Neal. Mr. Carpenter states in his email; "Edina Swim Club respectfully
requests that the City disregard the Aquajets' brief in its entirety."
A hard copy of the November 15, 2011 from Jeffrey D. Carpenter is also included because page 2 mistakenly did
not get copied as part of the original Council hard copy packet.
r;4,, -C F.ai— • AAOI WACt .ANN, StraPt • Frlinn MN 55d7d
Henson &Efron
PROFESSIONAL ASSOCIATION
November 14, 2011
VIA E -MAIL AND U.S. MAIL
Mr. Scott Neal .
City Manager
City of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
Re:. Appeal of Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Mr. Neal:
Edina Swim Club, a Minnesota nonprofit corporation serving the City of Edina community since
1957, hereby appeals the November 7, 2011, decision adopted by the Edina Park Board
regarding "Edina Aquatic Center Swim Team Use Policy" (Edina Park Board Agenda Item
VI(B)),tand respectfully requests that this matter be placed on the next available agenda of the
Edina City Council for` consideration.
RespectU
Ily,
Je ey D: Carpenter
Counsel for the Appellant
JDC jj 435626 DOC
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota SS402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
SEAL
NOV .1 4 2011
www hensonefron.com
firm @hensonefron.com
RE IVEh
Direct Dial (012) 252 -2862
jcarpenter@hensonefron.com
VIA E -MAIL AND U.S. MAIL
Mr. Scott Neal .
City Manager
City of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
Re:. Appeal of Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Mr. Neal:
Edina Swim Club, a Minnesota nonprofit corporation serving the City of Edina community since
1957, hereby appeals the November 7, 2011, decision adopted by the Edina Park Board
regarding "Edina Aquatic Center Swim Team Use Policy" (Edina Park Board Agenda Item
VI(B)),tand respectfully requests that this matter be placed on the next available agenda of the
Edina City Council for` consideration.
RespectU
Ily,
Je ey D: Carpenter
Counsel for the Appellant
JDC jj 435626 DOC
Henso
n &Efron
P R OF E S S I ON A L A S S 0 C I A T I ON
EcEovbi
NOV 15 2011
November 15, 2011
VIA E -MAIL
Edina City Council
City of Edina
Edina City Hall
4801 W. 50th St.
Edina, MN 55424
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota 55402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www.hensonefron.com
firm @hensonefron.com
Direct Dial (612) 252 -2862
icarpenter@hensonefron.com
Re: Letter Brief in Support of Appeal of Edina Park Board Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Dear Members of the Edina City Council:
This interim letter brief is furnished in support of the notice of appeal submitted on
behalf of Edina Swim Club, a Minnesota nonprofit corporation, with respect to the November 7,
2011 decision adopted by the Edina Park Board regarding "Edina Aquatic Center Swim Team
Use Policy ". For the reasons set forth below, Edina Swim Club respectfully requests that the
Council agree to reconsider the above Edina Park Board decision at the earliest available public
meeting of the City Council.
As a preliminary matter, it should be noted that the purpose of this letter brief is simply
to address the very narrow issue of whether the City Council should, for all of the reasons set
forth below, agree to reconsider the Edina Park Board's November 7, 2011 decision. In the event
the Council determines that reconsideration would be appropriate, Edina Swim Club would
intend to submit a further letter brief in explanation of its position on the merits of this broader
issue.
On the morning of August 25, 2011, Assistant Edina Park and Recreation Director, Ed
MacHolda, discussed with Edina Swim Coach, Jeff Rodriguez, the swim club's Aquatic Center
pool needs for its 2012 summer long course season. At that time, Mr. MacHolda, offered the
Edina Swim Club the full morning time slot, starting at 6:00 am and continuing through 11:30
am for each week day, for the entirety of the summer long course season (from June 4, 2012
through and including August 11, 2012), with continuation thereafter of only the swim club's
masters swim program (with more limited hours from roughly 6:00 -7:15 am each day) through
August 17. Following use of the Aquatic Center by the Edina Swim Club, the balance of the
Page 2
November 15, 2011
Aquatic Center time was intended by the City to be dedicated for general public recreational
access and general maintenance— subject to an evening time slot which was apparently offered
by the City to the Aquajets Swim Club of Eden Prairie, but rejected by Aquajets.
Subsequent to the above discussion with Mr. MacHolda, Edina Swim Club had
understood that it had been granted the pool time offered by Mr. MacHolda, and planned
accordingly. However, contrary to Edina Swim Club's prior understanding and expectations, the
pool time commitment originally furnished by Edina Park and Recreation, was submitted for
further consideration at the Park Board's November 7, 2011 meeting. The circumstances
triggering consideration at the Park Board level remain unclear. Appearances at that meeting
included extensive representation by families and swimmers associated with Aquajets Swim
Club of Eden Pfairie, a formally recognized Eden Prairie swimming association. Aquajets Swim
Club of Eden Prairie is officially located in its own privately owned swimming pool complex,
featuring two 25 yard pools, all situated in the City of Eden Prairie. As noted above, Aquajets
has also rented time at the Aquatic Center pool. Initially Aquajets' Aquatic Center pool use was
for the purpose of operating a municipal learn -to -swim program. Over time, however, its pool
usage evolved to include formal swim team practices for the Aquajets' Eden Prairie swim team.
Edina Swim Club has served as the sole City of Edina youth athletic swimming
association since the swim club's formation by current Edina High School head swim coach, Art
Downey, in 1957. Over the years since its formation, Edina swim club swimmers have been the
key feeder system for the Edina High School's very competitive boys and girls varsity swim
teams. Moreover, Edina Swim Club has, over the years, made numerous financial and other
contributions, both monetary and otherwise, toward both the Edina public school pools and the
Aquatic Center, aggregating approximately $25,000 in addition to seasonal pool rental fees.
In 2006, when the Park Board embarked on its sports task force project with
representatives of all of Edina's youth athletic associations, Edina Swim Club was an active
participant —and, together with all other Edina youth athletic associations, was formally
designated as the sole youth athletic swim association for Edina. According to adopted task force
policies, that designation was intended to protect Edina youth athletic associations from
encroaching competition from neighboring communities seeking access to Edina's limited
athletic fields and facilities.
While both swim teams are of comparable size (approximately 300 swimmers each),
Aquajets Swim Club of Eden Prairie reports that only 25 percent of its membership is comprised
of either Edina residents or nonresidents who have open enrolled into the Edina school system.
Conversely, Edina Swim Club's membership is comprised of approximately 75 percent Edina
residents -- generally consistent with Edina Swim Club's historical representation. Edina Swim
Club does not formally track nonresident Edina public school open enrollees. If tracked, of
course, Edina's residency count would only increase.
i�
Page 3
November 15, 2011
On November 7, 2011, the Edina Park Board considered a matter on its agenda
designated "Edina Aquatic Center Swim Team Use Policy ". Following discussion by members
of the Park Board, the Park Board determined that it was unable to adopt a,formal policy for the
_.
Aquatic-Center-at this- time-, and - instead voted-lo empower: Park Ahd..Recreation staff to resolve
pool time disputes between Edina Swim Club and Aquajets Swim Club of Eden Prairie. Prior to
the Park Board vote, members of the Park= Board asked for clarification as to, how staff would
resolve the matter. Mr. MacHolda replied that he would allocate the entire time allotment to
Edina Swim Club as the recognized,Edina: athletic swim, association. When asked further, Mr.
Keprios responded -that, if empowered by the`- Park; Board that would mean that he would
implement the status.quo, which he described,as assigning for 2011. the pool time allotments that
had. originally been assigned in 2011. Shortly after those two conflicting pronouncements, the
Park Board resolved to authorize Park and Recreation staff to resolve the matter.
What precisely was decided at the Park Board meeting remains shrouded in uncertainty,
making it, difficult for Edina Swim Club to plan accordingly. Moreover, if the outcome of the
Park Board vote and consequential Park and Recreation staff decision - making, results in an
allocation of pool time to the detriment of Edina Swim Club, those decisions cast _a cloud of
uncertainty over all of the Edina youth athletic associations -- and at the same time send a strong
Message to Aquajets and other non -Edina athletic associations that its open season for Edina
fields and facilities.
For all of the above - stated reasons, Edina Swim Club respectfully requests that the City
Council agree to accept and reconsider this matter.
i
Respec2 ,
Je frey D. Carpenter.
Counsel for the Appellant
JDC:jj ,
435647.DOC
cc: -Ms. Kate Lundsten,,Aquajets Executive Director(by email)
Mr. Steve Foster, Aquajets President (by email)
John Keprios
From: Jeffrey D. Carpenter <jdc @hensonefron.com>
Sent: Tuesday, December 20, 201111:39 AM
To: John Keprios
Cc: Leslie Nicholson; Scott Neal
Subject: Re: FW: attn: city council
Thanks John. My current office email address is as noted in my email signature below, and in my recent emails to you.
The "rider" email address was invalid as of 2007. I am particularly troubled that Aquajets saw fit to disregard the City
Council's briefing deadline, and instead elected to delay submission of their brief, effectively allowing them an
opportunity to respond to Edina Swim Club's brief -- with Edina Swim Club not being afforded the same opportunity.
Edina Swim Club respectfully requests that the City disregard the Aquajets' brief in its entirety.
Jeffrey D. Carpenter
Attorney at Law
Henson &Efron
PR 0F[.5 510 N A I AS SO C IA T 10 IN
220 South Sixth Street, Suite 1800
Minneapolis, MN 55402 -4503
Office: 612 - 252 -2862
Cell: 612 - 730 -1420
Fax: 612- 339 -6364
icarpenter@hensonefron.com
www.hensonefron.com
Click Here for My Bio
>>> On 12/20/2011 at 11:22 AM, "John Keprios" <JKeprios @ci.edina.mn.us> wrote:
Jeff,
Are you receiving my emails? Sorry for the delay. The address I had was riderlaw or
something like that.
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index: 251659264;visibility: visible;mso -wrap- style: square;mso- width-
percent:0;mso- height- percent:0;mso -wrap- distance- left:0;mso -wrap- distance-
John Keprios, Park &
top: 0; mso- wrap - distance- right:0;mso -wrap- distance- bottom:0;mso- position -
& Recreation Director
horizontal: left;mso- position - horizontal - relative: text;mso- position-
952 - 826 -04301 Fax 952-826 -
0385
vertical: absolute;mso - position - vertical - relative:line;mso - width- percent:0;mso-
JKeorios(Mci.edina.mmus
height- percent:0;mso- width- relative:page;mso - height- relative:page'
1 www.EdinaParks.com
Living, Learning,
��-
...For
Rising Families &
& Doing Business
o:allowoverlap = "f'>
We're a do.town ... working to make the healthy choice the easy choice!
From: Steve Foster [mailto:sfoster(c aquaiets.coml
Sent: Friday, December 16, 20115:44 PM
To: Lynette Biunno
Cc: Scott Neal; John Keprios; John Wanninger; Michael Glover
Subject: attn: city council
To Members of the Edina City Council,
Attached is a letter from the Aquajets Swim Club
Please make available to all Council Members.
Respectfully,
Steven M. Foster
Aquajets President
NOTICES:
discussing the Edina Aquatic Center Use Policy.
CONFIDENTIALITY: This e-mail is intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you are not the named addressee or an employee or agent
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TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, except as
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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.
John Ke
From: Jeffrey D. Carpenter <jdc @hensonefron.com>
Sent: Tuesday, December 20, 20111:12 PM
To: John Keprios; Scott Neal
Cc: Michael Glover
Subject: Edina Swim Club /Aquajets -- Appeal
Messrs Neal and Keprios, I received only today a December 16, 2011 letter brief that was apparently submitted by the
Aquajets Swim Club. While Edina Swim Club complied fully with the City Council's briefing requirements and deadline,
Aquajets did not. Moreover, Aquajets similarly made no apparent effort to serve a copy of their brief on my office.
Instead, Aquajets submitted a "stealth" brief that was apparently intended only for the eyes of the City Council. But for
the Mr. Keprios' email delivery to my attention this morning of Aquajets brief, we would have had no knowledge of any
facet of Aquajets' position. I should note that Edina Swim Club's brief was timely served on counsel for Aquajets.
Unfortunately, neither Aquajets nor its counsel opted to extend the same courtesy -- which, if filed under judicial rules of
court, would have been mandated -- and subject to the risk of sanctions.
Due to time exigencies, I am unfortunately not able to provide a full response to Aquajets' December 16 brief, and ask
that the City Council simply disregard that brief on the basis that it was untimely delivered. Recognizing, however, that
the Council may nonetheless choose to consider the Aquajets brief, I have set forth below in this email a summary
response to the positions espoused by Aquajets, as follows:
1. While Edina Swim Club does not dispute Aquajets' accomplishments, it should be noted that Edina Swim Club
accomplishments are generally comparable to that of Aquajets. That said, any particular program's individual
achievements -- whether pertaining to Edina Swim Club or Aquajets -- should be immaterial to the issue at hand. Both
clubs are similarly sized, both have achieved similar levels of accomplishment. By Aquajets own count, it's Edina
residency is one third that of Edina Swim Club's.
2. Aquajets articulates in its brief that it has had more swimmers than Edina Swim club in the last three years. As
reported previously by both clubs, they both have membership in the area of approximately 300 swimmers. The
substance of Aquajets assertion of somehow having "more" either splits hairs or stretches credulity. In any event, either
team's size is immaterial to this issue.
3. Aquajets argues that this matter should simply be resolvable by compromise between the two swim clubs. This
ignores the issue that neither organization controls access to the Edina Aquatic Center -- rather, that is the jurisdiction of
the City. More to the point, however, this further completely ignores the sports task force policies that were intended to
create a hierarchy of priorities favoring designated Edina youth sports associations. While Aquajets may be disappointed
by Edina Swim Club's unwillingness to work out a deal, the simple fact is that Edina Swim Club looks to the Edina
Aquatic Center as the sole opportunity each year for it bring its entire team under one "roof'. Aquajets enjoys access to
a massive privately owned pool complex. It doesn't need to juggle third party schedules, or pander for pool time at a
variety of pools across the metro area. Whereas Edina Swim Club is under stress for facilities 9 months out of each year,
Aquajets has yet to experience that problem -- and would only encounter it for the first time if and when it needs to find
an alternative long course pool location in the summer of 2013 (assuming a decision favorable to Edina Swim Club in
this present dispute). To this end, I make two relevant points:
(a) Due to Aquajets' threats of litigation over its 2012 permit, Edina Swim Club has voluntarily chosen to limit its
appeal to the years 2013 and beyond. As such, Aquajets has at least another year to even try to solve this problem
(whereas Edina Swim Club is forced to solve pool availability issues every year; and
(b) Any requirement for Aquajets to find another long course pool option each summer, essentially puts Aquajets in
the same position that most swim teams have across the metro area. At the prior park board meeting, Edina Swim Club
head coach Jeff Rodriguez identified other long course pool options that were available to Aquajets. In response,
quajets President, Steve Foster informed the Park Board that it had elected not to consider other alternatives until
.iforts to secure the Edina Aquatic Center had been played out. In short, they are not without options -- they just don't
want it to look like they have options.
4. Aquajets argues that Edina Swim Club's brief is, to put it mildly, disingenuous. Edina Swim Club stands by the
statements contained in its brief. Suggestions by Aquajets that it doesn't "recruit" is blatantly disingenuous -- particularly
in light of the clear fact that they openly advertise to recruit more swimmers. By its own admission, Aquajets holds
"open houses" and "splash nights ". These aren't "tea and crumpet" affairs. This is precisely how swim clubs -- includin
Edina Swim Club -- recruit new'swimmers. Copies of their advertisements were referenced and attached to Edina Swin.
Club's brief. Quite frankly, the fact of recruiting is not the problem -- as all swim teams and other athletic programs
recruit. How Aquajets reached the level of 300+ swimmers without recruiting would be a mystery. The real problem,
however, is "where" they recruit. When Jon Foss began his learn to swim program at the Edina Aquatic Center in or
about 2002, he initially seized control of a portion of the Edina Aquatic Center for the emerging Aquajets Swim Team by
simply labeling that team as part of his learn -to swim- program. In short order, Mr. Foss began- advertising Aquajets with
signage that he would attach to the Aquatic Center fence announcing the Aquatic Center as the "home of the Aquajets
swim team ". While Edina Swim Club expressed concerns over this practice to City staff, that practice continued
nonetheless -- and, thus began the Aquajets swim club. How, Aquajets can argue with a straight face that they don't
recruit is odd to day the least. However, by recruiting -- particularly in communities that already have swim clubs in
residence -- Aquajets creates the problem that was easily foreseen and which now exists -- two clubs facing off over
limited municipal facilities. This was precisely what the sports task force was trying to prevent.
5. Regarding the issue of meet hosting, Aquajets downplays its significance and suggests now (coincidentally) that it
intends to host a meet. The significance of this is, in part, that, by not hosting meets, Aquajets has been a magnet for
families who would prefer to avoid that task. This is not a reflection on any individual family. Hosting it time consuming
and expensive. It is understandable that many families want to avoid this. However, by selling itself in this fashion, it
has grown its team by drawing membership within the Edina community-- eventually setting the stage for the
confrontation that now exists. As to whether Aquajets now intends to host a meet, time will tell. It was only recently
that Aquajets removed from its website materials informing its parent membership that they would not ever be required
to volunteer their time.
Edina Swim Club respectfully requests that it be awarded priority access to the Edina Aquatic Center from and after
2013 as the sole Edina youth swimming athletic association.
Respectfully,
Jeffrey D. Carpenter
Counsel for Edina Swim Club
cc: Michael C. Glover, Esq.
Jeffrey D. Carpenter
Attorney at Law
Henson & Efron
C.1OF r:; SiONi L ASSO 1A't101.
220 South Sixth Street, Suite 1800
Minneapolis, MN 55402 -4503
Office: 612 - 252 -2862
Cell: 612 - 730 -1420
Fax: 612 - 339 -6364
jarpenter@hensonefron.com
www.hensonefron.com
Click Here for My Bio
NOTICES:
CONFIDENTIALITY: This e-mail is intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you are not the named addressee or an employee or agent
responsible for delivering this message to the named addressee, you are not authorized to read, print, retain, copy or disseminate this
December 16, 2011
Edina City Council
City of Edina
4801 West 50`e Street
Edina, MN 55424
Re: Aquajet Swim Club Reply to the Letter Brief from the Edina Swim Club Dated December 14, 2011
Dear Members of the Edina City Council:
I am writing this letter on behalf of the Aquajets Swim Club to address several issues. First, this letter
will provide additional factual background concerning the Aquajets' use of the Edina Aquatic Center
( "EAC ") and second, this letter will address the multiple factual misstatements contained in the Letter
Brief from the Edina Swim Club (the "Letter Brief').
The Aquajets have been an appreciative lessee of the EAC for the past 9 years. Over this time period, we
have gained the favor and respect of the EAC staff and Park and Rec staff by treating the facility as if it
were our own. The Aquajets have approximately 300 swimmers on our team with a large portion of those
swimmers living in the southwest metro area. Our Team has experienced unprecedented success since the
Aquajets became a member owned, nonprofit club. Recently, the Aquajets have been named as a "Gold
Medal" team through USA Swimming, one of only 10 teams in the United States and the only team in
Minnesota. The "Gold Medal" status recognizes the Aquajets for our success in promoting the
development of a strong, well- rounded swim program that produces elite 18 & under athletes. A large
part of our success centers on the Aquajets' mission of creating an environment to allow every swimmer
in the community to achieve their goals and to love the sport of swimming - no matter what their ability.
The Aquajets have operated with a spirit of cooperation and sportsmanship with the Edina Swim Club for
the past nine years and in the past 3 years have had many more swimmers than the Edina Swim Club.
However, the Aquajets have succeeded with approximately 30% less pool time at the EAC. The
increased demand for pool time at the EAC by the Edina Swim Club suggests that the two swim clubs
work together to find a compromise solution. However, it is hard to find a solution when only one club is
willing to meet. In August and September, the Aquajets have made more than 12 attempts to contact the
Edina Swim Club to discuss a resolution — none of the 12 attempts was returned. In addition, the
Aquajets' president called the president of the Edina Swim Club on 2 occasions to discuss how the clubs
could work together. Again, the Aquajets' attempts to discuss the situation were discounted or ignored.
Since our multiple attempts to resolve the use issue with the Edina Swim Club were ignored, the Aquajets
only option was to present its case to the Park and Rec Department and ultimately to the Park Board
which has brought us to where we are today. See Exhibit A for the Aquajets' position on the Use Policy.
As stated in the email sent by the Edina City Manager dated December 7, 2011, Mr. Neal requested that
any reply from the Aquajets and Edina Swim Club should "focus your attention on the recommendation
of the Park Board and its potential impact it might have on the operations of your organization." Our
review of the Letter Brief submitted by the Edina Swim Club was met with disbelief. The 42 page
document contained two primary themes - first, multiple attempts at demonizing the Aquajets Swim Club
through misrepresentations, false allegations, outrageous extrapolations, half- truths and spin, and;
second, a blatant attempt to instill an "us" versus "them" mentality. The Aquajets have been
disappointed throughout this process by the Edina Swim Club's total unwillingness to work out a
resolution to this use situation. As mentioned above, the Edina Swim Club has totally ignored any
6545 Flying Cloud Drive, #202, Eden Prairie, Minnesota 55344 952 -351 -9928 www,Aqualets.corn
Page 2
attempts by the Aquajets to work out a solution. The Aquajets have offered on multiple occasions the use
of the Aquajets' Eden Prairie pool time to the Edina Swim Club to facilitate a resolution.
After reading the Letter Brief, I was confused at what the Edina Swim Team was trying to accomplish.
Below are several highlights of the misrepresentations contained in the Letter Brief.
The Letter Brief states that the Aquajets are part of a "complex 'for profit' organization", "office
sharing with a host of Foss - related `for profit' business companies ". The facts are that Newjets, Inc.
was formed in December 2006 as a 501(c )(3) nonprofit organization doing business as the Aquajets
Swim Club owned by its members. The Aquajet members acquired the swimming assets of the previous
Aquajet organization in 2007 with limited resources and a vision of excellence for every swimmer on the
Club. As noted in the Letter Brief, the Aquajets have always been an active, nonprofit corporation in
good standing with the State of Minnesota. The Aquajets do have an office in a building in Eden Prairie
that also contains multiple other tenants, one of which is the Foss Swim School. How do these facts
impact any discussion on the use of the Edina Aquatic Center?
The Letter Brief also states the Aquajets operate out of our "strategically located ", "luxurious $4.1
million swim complex ". As mentioned above, the Aquajet members acquired a struggling swim club
with limited financial resources in 2007. But the Club had an exceptional coaching staff and a grand
vision of providing an environment where every swimmer has the opportunity to excel as a swimmer and
a person - no matter where they lived. In addition, the struggling swim club was located in a building
with two indoor, 25 yard pools, which we are very fortunate to be able to use. In order to gain access to
these pools, the Aquajets had to take significant financial risk by committing to a multi -year lease with
annual lease payments of more than $170,000. This was a huge risk for a new member owned swim club
with less than 125 members. The huge financial risk was undertaken by the Aquajet members because
they believed in their coaches and their desire to create a program that meets the needs of every family in
all communities. And in less than four years, the Aquajets have achieved unimaginable success, both in
the water and out of the water. Our swimmers want to be on the Aquajets and they come from all over
the metro area.
The Letter Brief was trying to accuse the Aquajets of "active recruiting outside of Eden Prairie and
throughout a broad swath of the southwest" metro area. In addition, the Letter Brief accuses the
Aquajets of "cracking another `recruiting nut' by relieving all of its member families from any
public meet volunteer commitment obligation." The Aquajets have never recruited and abide by rules
provided by USA Swimming. Advertising to various communities for an Aquajets open house or
"splash" night is common practice in the metro area used by many USA Swimming Clubs and complies
with all USA Swimming guidelines. Attempts to demonize the Aquajets by stating that "Aquajets'
families have searched for a comfortable spot in the bleachers to watch their children swim ", while
"Edina Swim Club parents along with the parents of nearly every other host swim club have combined to
fill the many thousands of volunteer positions needed" are unfounded and unproductive. The fact is the
Aquajets have not had the capacity until last year to host a meet and meets are assigned to host clubs at
least a year ahead of the event. In addition, the Aquajets hosted a small meet last summer and plan to
host a larger meet in 2012. These misrepresentations have nothing to do with the use policy and are
veiled attempts to create division.
See Exhibit B for additional Aquajets' comments on the Edina Swim Club Letter Brief.
4
Page 3
In summary, the Aquajets have gone out of our way to try and work with the Edina Swim Club to find a
resolution to the EAC use issues. In doing so, the Aquajets have been met with strong resistance every
step of the way and finally, have been exposed to an attempt to vilify the Aquajets by the Edina Swim
Club. As a team, the Aquajets will do everything asked of them to assist in the development of a fair and
functional use policy for the EAC. Please contact me at sfoster(cr,anuaiets.com if you have any additional
ques ions or concerns._
Respectfully,
Aquajets Swim Club_
Steven M. Foste
- President
Cc:" John Keprios, City of Edina - Park & Rec Director
Scott Neal, City of Edina - City Manager
Exhibit A
Aquajets Swim Team
Edina Aquatic Center Use Policy
Organization Position Document
Page 4
The Aquajet Swim Team has prepared this Exhibit to present a record of its position on the Edina Aquatic
- Center. Use Policy. _This. information.will..be_helpful.in the_development of the- 2013- Edina - Aquatic - Center -
- Use -Policy The Aquajets look - forward -to working with the Edina Park and Recreation Department Staff
and the Edina Park and Recreation Board to develop a fair and balanced use policy for 2013. We have
prepared a list of facts and.estimates, based upon the below information table that will assist in the
preparation of a use policy that fairly addresses the needs of all Edina Residents.
Aquajets Swim Team
Information Table
The information table below lists specific details that compare the Aquajets and the Gators. Some the
Gator information items are unknown or estimated based upon information provided by Gator board
members or past board members at the November 7, 2011 Park and Rec Board meeting.
Item #
Description
Aquae
Gators
1
Organization Type
Notes:
Non Profit 501(c)3
Non Profit 501(c)3
dotes:
2
Privately Funded
Yes
Yes
3
Edina Funded
No
No
4
Swimming Affiliation
USA Swimming
USA Swimming
s
Office Location
Eden Prairie
Edina
6
Youth Athletic Assoc. Affiliation
None
None
7
Edina High School Swimmers
10
??
8
Rent 25 yard Pool
Yes.
Yes
9
Total it of Active Swimmers
est. 300
est. 300
1
10
Declared Edina Resident %
25%
75%
1
11
# of Edina Residents
75 to 80
199
1
12
# of Non - Residents
220
101
2
13
#.of Non- Active Edina Residents
90
??
2
14
Last Year EAC Hours Rented
2
3.5
is
#ofMasterSwimmers
0
est. is
2
16'
USA Swimming Rank
9
est. 35
17
it of Possible USA Olympians
1
0
18
#of Olympic,Trial Participants
8
??
2
19
Years Renting EAC
9 years
est. 50 years
2
20
Offered to Solicit a Resolution
Yes, > 12 offers
None
Information as of 11/0812011
Notes: 1
As disclosed by the Gator,president at the 'Park and Rec Board meeting on
Nov. 7, 2011
2
Information Is an estimate or unknown information to the Aquajet Team
Use Policy Key Items:
1. Neither the Aquajets nor the Gators receive any funding from the City of Edina.
2. Neither the Aquajets nor the Gators are affiliated with any Youth Athletic Association, the Gators
have not met the 90% Edina Resident threshold requirement to be members of the Edina Youth
Athletic Assoc. for many years, yet claim membership.
3. All Edina Use Policies specify a 90% Edina Resident threshold in order to be the Edina
Designated Team; the Edina Aquatic "Center Use Policy should be no different.
Page 5
4. A 90% Edina Resident threshold should be used in the 2013 Edina Aquatic Center Use Policy
because:
a. The 90% threshold should be at such a high level that once attained, it guarantees that
almost all members of an organization are Edina taxpaying residents.
b. The previously proposed 75% threshold would allow a private organization, assuming the
Gators meet this threshold, to have total discretion over who gets to use an Edina -owned,
tax payer funded, and public facility.
c. Up to 100 non- residents would get to swim at the Edina Aquatic Center while 80 Edina
Residents on the Aquajets would be turned away.
d. To swim at the Edina Aquatic Center, Edina Resident Aquajet swimmers would be forced
to join the Gators which we believe to be unfair and not good public policy.
5. Assuming a 90% threshold is not met, use and control of the Edina Aquatic Center would be put
in the hands of the Edina Park and Rec Department, not a private, non -Edina funded organization.
6. No Edina Resident should be forced to swim on a specific team in order to use a taxpayer funded
facility.
7. If an Edina Resident is not allowed to swim on the Gators, would the City of Edina require that a
position be created to accommodate them?
8. The Aquajets have had well over 250 swimmers on our team for the past 3 seasons, yet have been
able to operate effectively and achieve unprecedented results with only 2 hours/day of pool rental
time.
EXHIBIT B - Aquajets Response Letter
Henson &Efron
PROFESSIONAL ASSOCIATION
Nvember 14.2011
Edina City Council
City of Edina
ulina City Hall
4501 W 50tH St
(=dins. ,MN 55424
Re I,e(tel f3riefin Opposition to ruling Park Hoard Decision Regarding
Edina Aquatic Center Swim Team Use Policy
Drat Members of the Eclina City Council:
Page 1 of 25
220 South Sixth Street, Suite 1800
Minneapolis, Minnesota 55402 -4503
Telephone (612) 339 -2500
Facsimile (612) 339 -6364
www.hensonefron.corn
Rrm®hensonefron corn
Direct Dial (612) 252 -2862
icarpenter @,,hensonefron.com
Phis lettet brief is tittnislwd on behalt of Gdina Swim Chub, a Minnesota nonprofit
coiporation, in opposition to the November 7, 2011 decision adopted by the Edina Park Board
regarding "Edina Aquatic Center Swim Team Use Policy," which supported an allocation of pool
time at the Vdina Aquatic Center in favor of Aquaicts Swim Club of Eden Prairie ( "rlquajcts "),
an Eden Prairie athletic swimming association, and to the dettiment of Edina Swim Club, it long
recognized Eclina youth .rthlctic swimming association.
Aquajets Comment: The Park Board decision was to defer implementation of a Use Policy for
the Aquatic Center, as it felt that it did not have enough time or information to make a decision.
The primary debate was over whether the Edina residency percentage requirement to achieve
priority status should be 90% or 75 %. Recognizing the difficulty of achieving even 75%
residency status, The Edina Swim Club is now seeking priority status and monopolization of an
enterprise facility without a residency limit of any kind.
While the Aquajets Swim Club is located in Eden Prairie, it serves several surrounding
communities as do many swim clubs, including Edina Swim Club. Approximately 25% of the
Aquajets membership is from Edina and 25% from Eden Prairie with the balance coming from
surrounding communities.
EXHIBIT B - Aquajets Response Letter
Page 2 of 25
in conncction with the foregoing, Edina Swim Club is in possession of City Manager
Scott \eal's December 7, 2011. email informing both I?dina Swim Club and Aquajets Swim
Club of the Edina City Attorney's position that the facility permit previously issued by the City
is valid and must be honored by the City in 2012. '11tc Hdina Swim Club respects the opinion of
the City Attorney and the appaucnt decision by the City to honor such permit, and does not
contest that decision. As important as this issue is to Edina Swint Club, the swim club does not
advocate. for the City of Edina to. incut legal cost or associated liability risk in connection with
any implied thicats of enforcement action by counsel for Aquajets in connection with this matter.
As such. tile l_clina Swim Chub hereby, voluntarily limits the scope of its appeal to the period
lions and afier AUMISt 11. 2012. the elute immediately lollowine tlw date of expiration of
Aduaicts' Permit
Vol the icasons set Iorth below. hclina Swim Club respectfully requests that the Council
tCVCrsC or vacate the decision of the Edina Palk Board and instead issue it decision granting
Fdina Swim Club priority access to tiie Edina Aquatic CCntei 1'or the period from and after
August 11, 2012.
Edina C Ill' Council
P.t,c 2
December 14. 2011
A. Edina Swim Club
Overview
I "diva Swim C lubr was originally organized in 1957 as an unincoiporated swim club by
then and current hclina boys high school ]read swim coach, Art Downey in 1976. [lie swim club
was Irnnually incorporated as Edina Swim Club, file, it Minnesota nonprofit corporation. The
swim club has maintained for many years it small, roughly 100 square feet, business office,
comprised of worn metal desks, old tiling cabinets, and it computer, all located at 4445 West
77th Street, Suite 240, Edina. Minnesota 55435, which is staffed on it part time basis by the
club's bookkeeper and coaching staff Aside fi-om office rent, occasional equipment purchases
and other miscellaneous office expenses, substantially all swim club revenue is applied to fund
facility rental lees and coaching sal.uies.
Since its very inception in 1957, the swim club has operated as a youth swim program
activvly serving, the hclina communit%.'- Over this same period, the swim club has been the
pt inciple leeder system 11or the hclina I ligh School boys and girls swim teams, which together
have accounted for 21 Minnesota state high school championships, including the Fdina f ligh
School girls' most recent swim team championship in 2011
Aquajets Comment: Both clubs feed the Edina High School team. 4 of the 13 State Swimmers
from the Edina Girls High School championship team swim with Aquajets year round, including
summers at the Edina Aquatic Center. Aquajets represented 3 of the 8 All Conference selections
from the girls' team. 2 members of the Edina Boys High School 2011 team swam with Aquajets.
The boys achieved 3 individual 1`t place finishes, l individual 2nd place fmish, 2 1'r place relays
and 1 Yd place relay. Any actions detrimental to Aquajets training opportunities would
therefore be detrimental to the Edina High School swim programs as well.
EXHIBIT B - Aquajets Response Letter
Page 3 of 25
A nicntbet of both USA Swimming and Minnesota Swimming, the national and local
governing bodies for competitive swimming across the United States, Hina Swint Club
competes on nearly a year -sound basis at local, state, regional and national levels as part of its
overall per rauuning. That pro3tantming includes participation by youth swimmers duting the
September - March "short course sc—uon" and the May - August "long course season," as well as at
state, re4lional, and national competition meets for qualifying swimmers, closing out the end of
each season. The short course season is conducted in indoor, 25- yard "short course" pools, with
the long course season conducted in both outdoor and indoor 50 -meter "long course" pools.
As with most or all other youth athletic programs, USA Swimming ntembet clubs are
openued through nonprofit organizations administered by parent -run boards and other
volunteers Flom this point, however. the similarities between swim clubs and ocher athletic
programs generally end. In the case of li dina Swim Club and virtually all other swim clubs
operating, tlncict the USA Swinutting umbrella, experienced, paid coaching staff Flay a lead role
(and. in moil cases. the sole role) in handling all "on duck" coaching activities - both with
respect to daily haining curd meet competition
17dina Swim Club's programming is impacted by the availability of facilities. In this
red "ard, it is important to note that F(lina Swim Club does not own any swim facility. Instead, the
r Contrary to efforts by Aquajels Swim Club to inject contusion into the November 7 Part Board
rneetin_u by teterting to L:dina Swim Club, as "Gators Swim Club," it has in Ihct been aptly
nanied `'Gilina Swim Club" for 54 years.
AQuaiets Comment: Below is a screenshot of the Edina Swim Club web landing page. The word
"Gator" is certainly more prominent than the word "Edina" in the branding of the club.
Aquajets has never used the words "Eden Prairie" in the branding of its club.
®See�ao
I USA AUNNffSO TA > -
t► E D 1 a A 1 9 5 1 v�
0 Start Repl9tratlon y - Our Coaches �!
�i
` In addition to its youth programrrting. Edina Swim Club also provides a year -round masters
swim propaun tier adult swimmers generally tcsiding in the Vdina area.
AQuaiets Comment: The various youth athletic programs in the City of Edina define youth as
"18 and under ". The Edina Swim Club advertises use of the Edina Aquatic Center on their
website for masters swimmers. It is unclear whether masters swimmers are included in the
EXHIBIT B - Aquajets Response Letter
Page 4 of 25
Edina Swim Club's claims to residency or club size. If it is Edina Swim Club's objective to give
pool time to the masters program, it would be at the exclusion of over 80 Edina youth swimmers
on the Aquajets swim team, including prominent contributors to the high school team.
rclitta Cite Council
Paoe .i
Deceinhei 1-4.2011
swim club first relies on the availability of rental facilities within Edina (e.g, for the short course
season, the swim club tents pool time at the Att Downcy Aquatic Center, Valley View diddle
School, artcl Iidinbor -ough pools). and must look outside of Edina's bortlers to fill its remaining
needs In this rearcl, the swim club has often had to forage for additional facilities, including
sonic of all pools located at Blake School. Breck School, St. Louis Park Community Center, St.
Louis Pink Junior High. and St. Louis Park High School. Insteacl of the firedom to schedule
piactices when most comtintable m convenient lot coaches of swimmers. I;clina Swim Club
must always work to fit its schedule into available openings at each pool. This essentially means
that previously. until the E(lina Aquatic C'entei became available each stunmcr, the swim club
has never been able to stain as one cohesive team. Because of continued growth of Edina Swim
Club's team, its need for pool space at the Eclina Aquatic Center has also grown —thus creating
the conflict over L-dina Aquatic Center pool time with Aquajets Swim Club.
Aguaiets Comment: As described above, it is common for swim teams to work together and
share pool time with surrounding communities. In fact, Aquajets and Edina Swim Club have
successfully shared time at Edina Aquatic Center for 9 years.
At present, Edina Swim Club has 17.5 hours per week of pool time compared to 10 hours per
week for Aquajets. Edina already has 75% more pool time than Aquajets with the same
approximate enrollment of 300 swimmers. What has not been made clear is why Edina Swim
Club now needs a total of 27.5 hours of pool time per week when Aquajets has achieved success
with 10 hours. If it is to accommodate additional swimmers, it is likely that they would not be
Edina youth, thereby further diluting the residency percent of Edina Swim Club.
Furthermore, it is common for the Edina Swim Club to use bulkhead dividers for its younger
swimmers. This cuts the 50 meter pool in half and negates the unique training advantages of a 50
meter pool. In the spirit of cooperation common among swim teams, Aquajets has offered to
share time in our rented warm water 25 yard pool, at no cost to the Edina Swim Club, for its
young swimmers who are not ready for a 50 meter pool. This offer has so far been ignored by
the Edina Swim Club.
EXHIBIT B Aquajets Response Letter Page 5 of 25
2 I:ccruiIingiltcr!istladorr.
While most youth athletic programs handle athlete intake through a simple registration
rioccss in advance of cach season, (lie year -round nattuc of L'dina Swim C'lub's programming,
ctunhined with hasic safety issues associated with water sports, requires a different approach.
-irstJn_an_ettott--- to-ensure _ -that_ cach_. swimmer. .can.. safe] y- _pwticiptttc._in_a competitive_
swim program. all new l dins Swim Club iriembers are required to demonstrate basic skill levels--
the foul, principal swim strokes (freestyle, backstroke, breaststroke, and butterfly). While the
swim club also evaluates walk -ons on a case -by -case basis, new athlete registrations mostly
occur through periodic "splash nights" which the,club cxclusivcly,conducts at local pools in an
et taut to make the registration process as convenient as possible for Edina residents. There, club
stall' : is "able to evaluate cach_ swimmer's abilities and immediately determine his or her
le—istrition level and eligibility.
Sec6rid,.tiince all Edina Swim Caub "splash nights" arc conducted only within lictina, the
vast 11121jority of new swimmers selected at each splash night arc, in'fact, Edina residents. With
limited exucption,.thc occasional non- F-Aina resident swimmers joining the swim club tend to be
walk -ons from ;adjoining municipalities which do not have local swim clubs (e.g., ]Minneapolis or
St. Louis Park), or swimmers who have independently sought training or competitive
opportunities not available at their local chub Provided that Fdina Swim Chub can accommodate
those swimmers, they have been welcomed.
Aquaiets Comment: It.is the nature of all swim clubs to be generally geographically neutral and
not necessarily bound by: a particular municipality: Most cities do not have competitive swim
programs. In fact, aside from Minnetonka Swim Club, all area clubs are privately owned and
are not run by schools or park & recreation departments. It is common for swimmers to migrate
from one team to`another. For example, a significant portion of the Edina Swim Club's recent
grow.th'has come from other communities and teams, including a significant number of
swimmers from the non -Edina Swim Clubs in the last several months.
The Edina -Swim Club's calculation of residency percentages has been inconsistent.
Representations of club size to the City of Edina range from 272 -350 swimmers with anywhere
from 199 -202 of them being Edina residents. This would put the Edina swimmer, percentage
somewhere between_57% and 74 %. It is unclear who the Edina Swim Club is serving until it
provides a thorough accounting of its club's size, the number of Edina residents and how it
counts its masters swimmers _
Lxcept:in cases where a particular swimmer has lacked the elementary catty -level skills
n«ccssaly to intittciliately pauticipate in Edina Swim Club's programming, Edina Swim Club
Stall is. UnawalC oCany Ldina tesident ]raving been denied immediate nicmbctship with the swim
eluh f.ven those applicants, whose skill levels are below the minimum necessary to crisute safe
particip.lion. ate let ried to local "learn to swim" programs - along with c ncouragentent to
rrapply to the swim club either at the next available splash night or as a walk -on once the
applicant's hasic stroke skills have improved Ill short. Edina Swim Club remains, and has
E- XHIBIT B - Aquajets Response Letter
l.dirla Cite Council
P:r-r 4
cl
Deeentber 14. 2011
Page 6 of 25
always been. devoted to the primary -,oil of converting Edina youth into accomplished
s��inuninta atillctes.'
3 M nibershiLt.
Edina Swine Club's membership flttctttates over the cotuse of each year for at variety of
masons —sonic of which are unique. to Edina Swim Club and otllets of which are contrnon for
uuost of all Swim clubs. This fluctuation is important to keep in mind as the Couticil considers
the viability of strict percentile nlcmrbership requircnu:nts.
As noted above, the Edina Swim Club's calculation of residency percentages has been
inconsistent. Representations of club size to the City of Edina range from 272 -350 swimmers
with anywhere from 199 -202 of them being Edina residents. This would put the Edina resident
swimmer percentage somewhere between 57% and 74 %. It is unclear who the Edina Swim Club
is serving until it provides a thorough accounting of its club's size, the number of Edina
residents and how it counts its masters swimmers.
Plist, thetc is predictable fluctuation in tandem with the fidlhvinter and winter /spring
(fit Is* and boys, high sellool swim seasons, with girls and boys leaving and later tujoining the
swine club before and after their respective high school swittl seasons. Uurin" this period, I ?diva
S%4'inl Club generally experiences nienlbership 1lucttratioils by as many as 80 swimmers over the
coot so of both seasons
Sccot►d. I :diva Swim Club cunvildy oftcts a variety of registration alternatives, allowing
qualifying s% inlncts and their farridics to select tionl a menu of program and pricing options.
thercily enabling Families to choose the option or options that best suit their busy schedule~ and
interests By %vay oN.Nanlple only, one swimmer might choose a full season option, allowing the
swinrnlct to swill year round, while another switnnler might choose an option that simply allows
that swinuttct an opportunity to train in advance of his or het respective high school season.
C'onscqucntly. at any one point in time, a significant number of Fdina Swine Club s%vintnlc:rs nrty
simply he inactive clue solely to the tint that they have elected a particular registration option that
will ntarke them active durilIg :mother progrunminr period. Because choices ate unique to each
individual. it is difficult to project variation stCnitlltng lCorll swinirriers' individual decisions
I'hird, sonic swimmers elect to putsuc other Edina youth athletic programs over the
course of the sununer months, choosing, tin example, youth baseball, sotiball. lbotball or soccer,
to Millie just a Iew It is not uncommon tier children to sample and platy other sports, and the
m im club aeconllllodates that exploration
EXHIBIT B - Aquajets Response Letter
Page 7 of 25
Viiially. anothct group of roughly 35 Edina Swim Club swimmcrs will gcncrrlly take a
summer sabbatical from Edina Swint Club'and instead elect to swim "country club' as part of the
4\resWrn Swim League -,-which conducts swim meet competitions at many of the metropolitan
area county clubs In Edina, both lnterlachen Country Club and Edina Country Club participate
in this league As such, Edina Swim Club will temporarily lose swimmcrs to both country club
pcogranrs during this period. Although Edina Swim Club coaching staff provides direct training
support- for -I lie AntcrlacIlc'"VSL- seniot -team- coaching- stat:f - - is-pat t- of-- thu-swini- club' -s- - --
c��mm►iiirty otip'cach- dina Swim Clul's "lntcrlachcn swimmcrs" are not technically active with
the swim club during, their 1VSL summer season
While Edina Swim Club is open to. [lie possibility 'of including learn to swim progr rrinung.as
pant of its core services, facility availability issues remain a problem outside of the club's
cc�nh cal
Aquaiets Comment: Learn to swim programs are ideally conducted in smaller, warmer pools.
Unlike scarce 50 meter pools, there is plenty of local 25 yard indoor pool space available. If the
Gators'wish.to conduct learn to swim programs, this would be best accomplished in a smaller,
warm water pool as opposed to the Edina Aquatic Center.
1=d111,1 ('i1N (wane 1
December 14. 201 1
Ioday. and subject to the various membership fluctuations discussed above, IRlina Swim
C'lub's overall membership generally exceeds -100 swinuners. with roughly 75% of its
flivi ixr,hip comprised oC Csdina residertts.4
Aguaiets Comment: The Gators team president stated for the record at the Park Board Hearing
last month that there were 199 Edina residents on the team with an overall count of
approximately.300 swimmers. If this included its masters swimmers, but ,did not include the
addition of 20 new swimmers from other non -Edina swim teams. This indicates an .Edina
resident percentage of approximately 62 %, far below the stated "75% referenced above and
perhaps the reason that. the Edina Swim Club is now advocating to abolish residency targets in
their new proposal below.
EXHIBIT B - Aquajets Response Letter
4 Vo41ui>teerin
Page 8 of 25
With limited exception, Minnesota competitive swimming depends entirely on legions of
hcuent volunteers to organize and run all of the statewide club swim meets. U1Cllldill4 virtually
crcr\ Minnesota swim meet that is attended by both Edina Swim Club and Aquajets For the
2011-2012 fall /winter short coutse season alone, 57 separate swim meets have been scheduled at
this tttnC. _ Iii-the case of bolll_Edina_Swit11 Club_a nd-Aquajels Swint Club, each has participated,-_
or is scheduled to participate, at manv of these swim meets for the current tall /winter short
cOutse se:►son_ This nleatls That each -host club" will need to recruit to till up to perhaps 200
xVpatale vuluntee: parent positions (including managing, recruiting. advertising, donation
solicitations, setup, concessions. timing, officiating. tear (town, and various other volunteer
liu►ctions) to ensure that each or the 57 swine meets will occut as scheduled '!'his equntcs to
al►proxinlattcly 1.000 - 10,000 volunteer positions filled throughout the state for the benrtit of
Minllcsuta youth swimmers.
Ilisloricatlly. Edina Swim Cltth has conducted two major° swirl meets each year —a
sununCt outdoor meet held at the Isdina Aquatic Center. and a fall /winter shoe course indoor
meet held at valvina indoor locations in the metro area (mo►e recently at the All Downey
Atluatic ('enter) In recent years, Edina Park and Recreation has understandably not permitted
outdont meets at the Udina Aqua& CQllter (IttC 01C intense recreational demand tier that tacility
bv- Ialina tesidenls F.'dina Swint Club's parent aolunteers nonetheless continue to conduct a
nrtjor itttloor meet each spring tut the henelit of the Minnesota competitive swimming
conurtunity, along with some additional smaller meets.
5 Financial Contribution.
Although arguably irrcicvant to the mission of promoting and facilitating Edina youth
shorts, it Should be noted that Edina Swint Club is not a financial bur(Icn to the Hdina
Culutllllnity. Instead. Edina Swim Club has repeatedly donated equipment Gar both F:(lina's
indoor Fools and tilt Fdina Aquaaic Center In tact, the very lane Isles that Aquatets will use at
the r (It.41 C CellICI in 2012. just as it has in prior years, here bought by Edina 5win1 Club, and
asseulblvd and installed by G(lina Swine Club parents.
I h,ouvh annual rental of pool and weight room facilities in Edina alone, the swine club
has contributed a total of $72.000 for the club's current fiscal year (with another 526,000 paid or
scheduled to he paid tclr additional facilities outside: of }.:(Mina for the current fiscal yeau) There
-tic lit) "fieebies' or discounts. Edina Swint ('hub pays top dollar for evety pool how ftunished
It should he noted that FAlina S%vinl Club does not Currently track swinullcrs ttho open enroll
into kelina public schools, attend private schools or ate home schooled within L•ditla, all of
which. if tracked, would presumable increase the swim club's Edina residency percentage
Aquajets Comment: We encourage the Edina Swim Club to conduct an accurate assessment of
the number of Edina residents on their club and to share that information with the City Council.
EXHIBIT B Aquajets Response Letter
1?clin ;r Ot\' C OLIKii
OQ%xinher 14. 2011
Page 9 of 25
by the City Of f.dina, (lie Edina School District, and all other providers. In the case of the l;diiia
Atluatic Center —an -Edina _enterprise facility =Edina Swim Club pays a- market rent, as.'.
-determined by the City of Edina. for that facility. Moreover, through the operation of the swim
club's.rnnunl springy swim meet- 7which draws hundreds of swimmers and their familics into'thc
Fklina are ;r - -are;r restaurants and businesses incalculably benefit as well.
Aquaiets Comment: Historically, Aquajets has paid over 30% more than the Edina Swim'Club
for the use of the Edina Aquatic Center. For the first tiime, both teams will be paying the same
$100/hour rate in.2012:
USA Swim has determined that fair market value for swimming pool rent ranges from $150 =200
per hour in order to cover operating expenses. Given the incredible demand for 50 meter pool
time, it can be argued that.the Edina Swim Club has enjoyed a discount of up to 50% from fair
market value. Aquajets has offered a rate of $150 / /hour, a considerable revenue generating
opportunity for the Edina Aquatic Center which truly reflects fair market value.
B Aquajcts S%vi in-CI ub
t)ri,-hially lurntcd in 2002 by .Ion Voss, the founderofFoss Swim School. Aquajcts Swim
('lub's .simple nonprofit existence appears to mask a Wrote complex "for prolit" organization that
linkers in the backgrotutd. Following' its 2002 Formation, the original Aquajcts club was
acquired by Ncwiets. Inc., a then newly created Minnesota nonprofit col-potation . Accoiding to
its own press tclease at that time, Aquajets had been accluired by Newjets fiom an affiliate of the
"Foss Swim School Organization." Ne«<jets now operates under the assumed name of '`Aquajets
Swim Club " That nantc. however, according to government records, is not owned by Newicts.
Ituthet, it is independently owned by 'I he :1 -Jets. Inc., another Minnesota nonprofit corporation.
Both of, these nonptolits, howevvr, Office ~hare with it host of Foss - related " Ibr front" business
companies, including Foss Club Management, Inc.. a Minnesota corporation. Foss Management,
I.I.C. a rklinnesota limited liability company. Foss Peirormance Management Systems. LLC, a
Mimresola lintitetl liability company, Foss Swint .School, Inc., a Minnesota corporation, Foss
S%%? nr School. LLC, a Delaware limited liability company, Wartn Walci•. fools, LLC, a
Minnes6ut limited - liability company. Warm Water Pools of Maple Grovc, Inc., a.Minnesota
corporation, and W ;irm Witter Pools of Eden Prairie. I I.C, a Minnesota limited liability
company. Livery one of these :organizations maintains registered and/or executive offices. at
ALlotriets' swine complex located at 6545 Flying Cloud Drive; in Eden Prairic- -with Jon Foss
desiLnawd a. manager; president, or (:h:(J of neatly all of these various entities See Exhibit 'A
atrrchcd- hereto,.
Aguajets Comment: Many of these statements are inaccurate and create a portrayal of
impropriety. The facts are that Newjets, Inc. was formed in December 2006 as a 501(c) (3)
nonprofit organization doing business as the Aquajets Swim Club owned by its members. The
Aquajet members acquired the swimming assets of the previous Aquajet organization in 2007
with limited resources and a vision of excellence for every swimmer on the Club. In 2007, the
Aquajets members secured the rented pool/office space by committing to a long term lease while
EXHIBIT B - Aquajets Response Letter
Page 10 of 25
having a limited number of swimmers. The Aquajets have always been an active, nonprofit
corporation in good standing with the State of Minnesota.
The Aquajets rent office space in a building in Eden Prairie that also contains several other
tenants, including Optum Fitness, a division of United Health, Foss Swim School and other
unrelated privately owned fitness clubs. The Aquajets lease a small percentage of the space in
the building.
It is unclear how these baseless allegations impact any discussion regarding the use of the Edina
Aquatic Center.
Waim Water fouls ut Eden I'iaitie. 11C. one of the above '`Fuss entities," is the recutd
owner ot'thc privately owned Aquaiets Eden Naiiie swim complex. Built on lit•e acres of land
with a cutient assessed market value exceeding $4 1 Million sec Exhibit B attached hereto), it
features, aniong otliet things, two indoor pools, a fitness center, team lounge, coaches' offices
and WiFi —all in what Aquajets comfortably describes oil its website as an "environment for
swinlmuis to mach their goals." Appftrently lacking only a 50 meter pool. Aquajets solves that
piobleni by additionally claiming; the Edina Aquatic Center on its websitc as its official summer
long course pool
Aquaiets Comment: The building is not an Aquajets' asset and its value is irrelevant to the use
of the Edina Aquatic Center. Aquajets rents a pool and its offices at fair market value and works
hard to keep tuition down by focusing on cost control.
Stiategically locrttcd fin recruiting; purposes in the northwest quadrant ot' Eden Prairie,
AtItiajets' lacility is only a stunt's throw froni Edina, Minnetonka and Hopkins As if location
alone wars not enoti;h, however, Aquajets has etackcd another "recruiting nut" by relieving all of
its member Iamilies from any public meet volunteer commitment obligation fn short, while
Aquajets' families have searched kir a comfortable spot in the bleachers to watch theit children
swim. rilina Swim Club parents, along with the parents of nearly every other host swim club in
the State of ivfinnesoia, have combined to till the many thousands of volunteer positions needed
in order do nuke that year's shat course season happen. And when every long course season has
Edill (.'it\' Council
P.w,e 7
December 14. 2011
begun. that patteni has been repeated Aquaicts - -one of the laig cst clubs in the state - -hosts no
mots. and has instead leveraged the I lciculcan cftoits3 of othei swim clubs for all of its swim
meet loaiticipation, while at the same time relieving~ its patents -- and prospective new patents -
6oin an N. obligation to ieciprocate.
EXHIBIT B - Aquajets Response Letter
Page 11 of 25
Suategicalh located fir recruiting purposes in the northwest quadrant ol` Eden Prairie,
Atluajets' facility is only a stone's throw from Edina, Minnetonka and Hopkins As if location
alone was not enough, however, Aquajets has clacked another` "recruiting nut" by relieving all of
its member liunilies from any public meet volunteer commitment obligation, hi short, while
Aquajets' fantili�s have searched tiu• a comfortable shot in the bleachers to watch theit children
swim. Filina Swim Club parents, along with the parents Of nearly every other host swim club in
the Stat4 combined to-filt the, many thousands ofvoluntecr positions needed
in order 10 make that veal s short course season happen. And when. every long course season has
,_Edina City Council
Nlkoc 7
f)ecentber 14. 2011
bu-11.111. that pattern has been iepcated. Aquaicts ..-one oftltc largest clubs in the state - -hosts no
meets, and has instead leveraged the Heiculcan efforts' of other swim clubs for all .of its swim
meet participation, while at the same time relieving its parents —and prospective new patents -
fiont any obligation to teciprocate.
Aquajets Comment: Hosting a swim meet is a vital source of revenue for a swim team. Aquajets
have attempted to host meets for several years, but nearly every meet is reserved by the clubs
that have been running them for years, including those run by the Edina Swim Club. Aquajets
hosted a meet in the summer of 2011 and has finally secured a significant meet to be hosted in
July of 2012. Nevertheless, Aquajets would be delighted to relieve the Edina S_ wim Club of its
seeming burden of running any of its multiple fund, raising meets.
\ot surprisingly, the location ol'Acluajets' facility, cuupled with practice ol'no mandatory
parent volunteer participation, has been a drawing caret rol many families in the irnmcdiatc
vicinity of Aquajets' Eden Prairie swim complex and .the Edina Aquatic Center. Lest that point
be ntissccl. Aquajets consistently drives it home by active recruiting outside of Den Prairie and
thiuu'hout a broad swath of the southwest Minneapolis metropolitan area, inclticlino F-Mina; St.
Louis Park. (;olden Valley. Hopkins and Minnetonka. frequently competing directly with swim
clubs.vvho are ahead }:serving those communities. Sec e.g., Ana eis,Sivhn..TeanrUljcn HL)use,
h'clinail'ntch (March 10 and - April .16.. 2011); Sj! LciuisPalkPitth (Aliril , ..I6,; 1011);
Gol(lenValleNINItch (Aprrt 16. 2011), (lopkinsPatch (Apt il, l6. 2011); Minneti►nk' Parch (March,
10, April ;. and April 16.'20111) Sec Exhibit C' attached hereto. As noted by Aquljets i►ssisfant
coach Darr 'I nips;:. -Our Luciliiy is ohnog like a hkdd of OteamsJur eirciirnrc�r.c..... }'ou knew,
hirild if (rnciilla will c•c•urne." 1?den_Piniiie Sun.0 tirrent (October 7. 20:10). See I'xhibil flattachecl
hereto In this regard, it is. worth noting that. 'as Aquajets now prepairs .tor its summer Ions
course season at the Eclina Aquatic ('enter, it will undoubtedly continue its practice of attempting
to rectuit store I cling swinuners. Seer. SLg., :ldrudi!/.V . lyi;n T ctin Ol,cn flc,rrse. F.dinaPatch
(,March l0 and April 16.2011) , -
Aquajets Comment: In the absence of being able to host swim meets, Aquajets requires fund
raising and additional non - tuition financial contributions from its membership. Again, Aquajets
pursues all opportunities to host meets to diminish this burden. As noted above, both swim
teams draw swimmers from surrounding communities.
EXHIBIT B - Aquajets Response Letter Page 12 of 25
Aquajets has never recruited and abides by rules provided by USA Swimming. Advertising to
various communities for an Aquajets open house or "splash" night is common practice in the
metro area. Such events are used by many USA Swimming Clubs and complies with all USA
Swimming guidelines. Attempts to demonize Aquajets by stating that "Aquajets' families have
searched for a comfortable spot in the bleachers to watch their children swim ", while "Edina
Swim Club parents along with the parents of nearly every other host swim club have combined
to fill the many thousands of volunteer positions needed" are misplaced and have nothing to do
with the Edina Aquatic Center use policy.
Aquajets' enrollment has generally increased as a result of the success of the team and the
strong swimmer /coach relationship that is fostered on the team.
C Recent Deyeloptncnls
The Edina Park Board S oits'laskibree
In 2006 diQ lidina Pink Board embarked on a Sports Taskforce process to provide some
stiuctutc and support for Lidina's various youth athletic associations. Out of this process the
taskfoice generated a Youth Sports Core Values Community Strategy, from which evolved what
has become known as the "Relationship Document." The Relationship Document articulates a
SCt oI CUt11n1U11 gtlidelllle5 which Were intended to be generally applicable to all of the youth
athletic associations Among these guidelines is it centerpiece principle that "the public is best
sci%,ed when thete is only one independently incorporated youth athletic association per sport"
In the case of a youth athletic "swimming'' association, the Relationship Document expressly
identities Fdina Swine Club as the City's oflicial Hina youth athletic association.
Aquajets Comment: The current version of the "Relationship Document" available on the Edina
Youth Sports Task Force website states, "To qualify and be identified as an Edina youth athletic
association, the organization must meet the following requirements: 1. 90% Edina residents.
Edina youth residents are defined as individuals 18 years old and under who live in Edina or
who go to school in Edina." As noted above, Edina Swim Club fails this qualification.
Aquajets is not seeking any type of Edina athletic association recognition or exclusivity. It
merely to continue its 9 year relationship with the Edina Aquatic Facility paying a Center at fair
market rate to do so. Aquajets also does not dispute that Edina Swim Club has a higher
percentage of Edina residents. What is at question, however, is whether Edina Swim Club's
admittedly higher resident percentage merits a monopoly on all of the pool time available at
Edina Aquatic Center.
offer and Acceptance.
On the morning of August 25, 2011. then Assistant Mina Park and Recreation I)irector.
L'•d Mact-lolda. discussed with Edina Swim Club Coach, Jeff Rodriguez, the swim club's Edina
Aquatic CC111ur pool needs for its 2012 summer long cotuse season Coach Rodriquez informed
EXHIBIT B - Aquajets Response Letter
Page 13 of 25
I,he placess of planting and tanning an average, ttlil scale swim meet (which typically tuns for
2 -3 days) tegltltes Illotlths of Planning. and involves approximately 150 -200 separate volunteer
positions
F.dina C. it% C'auncil
Pac 8
Decenbct 14. 2011
Mt Ntact lolcla that, clue to the swim club's increased size. Edina Swim Club would need the tall
mottling time slot, statting at 6:00 am and continuing through 11:30 am, Monday through Friday.
Mt. Nincllolcla then offered Coach Rodriguez his team's requested time slot for the entirety of
the summa long course season (Itom Junc 4, 2012 tluough and illeftlEling August 11, 2012), with
continuation thereafter of only the swim club's masters swim program (with more limited hours
from tort,hly 6:00 -7.15 am each day) through August 17 Following use of the Aquatic Center
by Edina Swim Club, the balance of the Aquatic Center time was intended by (lie City to he
dedicated I'm general public recreational use and general maintenance — subject to an evening
time slot that was apparently offered by the City to Aquajets Swim Club of Eden Prlidc, but
tejected by Aquaiets_
Aquajets Comment: Both Ed MacHolda and John Keprios deny offering the Edina Swim Club
the requested time slot and its characterization of events.
I-hr November 7. 2011 Edina Park Board Meetine
On November 7. 2011. the Fdina Palk Board considered a matter on its agenda
desiellated "Edina Aquatic Centel Swim Team Ilse Policy." Following a public hearing, the
Paik 11o:ud dctctmined that it was unable to adopt a lotnnal policy for the Aquatic Cemet at this
tittle. and instead voted to ennpower Palk and Rxtcation staff to resolve pool time disputes
between Fdins Swim Club and Aquajets Prior to the Park Board vote. members of the Park
l3aatcl asked fot clarification as to how statt' would resolve the matter. Mr. Macl- lolcla replied
that he would allocate the entire time allotment to l;dina Swim Club as the recognised Edina
athletic Swint association. When asked tilrthcr, Mr. Keprios responded that, if empowered by the
Palk 11 oatd, that would mean that Ile would implement the status quo, which he described as
assigning tot 2013 the pool tine allotments that had originally been assigned in 2011. Shortly
alter those two conflicting pronouncements, the Park Hoard voted to authorize Palk and
Itectcatian Stall tit independently resolve the tnattet.
Aquaiets Comment: The demand for additional pool time at the Edina Aquatic Center by the
Edina Swim Club suggests that the two swim clubs work together to find a compromise solution.
Several Park Board members share this view as well. However, it is hard to find a solution when
only one club is willing to sit down to discuss the matter. In August and September, Aquajets
coaches and members made more than 12 attempts to contact the Edina Swim Club to discuss a
resolution – the Edina Swim Club responded to none. In addition, the Aquajets' president
called the president of the Edina Swim Club on 2 occasions to discuss how the clubs could work
together. Again, the Edina Swim Club president either did not respond or flatly refused to
discuss any cooperation
EXHIBIT B - Aquajets Response Letter
=1 r\Itcritrath of fail: Board IMeeting.
Page 14 of 25
On the morning of Tuesday, November 8, 2011, and immediately following the
preceding evening's Park Board Meeting, counsel for Hdina Swim Club contacted Park and
Recreation Assistant Director, Fd Mael-lolda to inquire regarding procedures foi either City
Council review or formal appeal of the Park Board's decision. To this end, a voice message was
loll 1iu Mr. MacI_lolda earlier in the morning, with a follow -up email hansmitted at 10:37 am
(Copy ,rtlached) that morning. See 13-xhihit E attached hereto. By email response transmitted by
Mr aMacllolda ut 11:24 am that morning, S('e Exhibit P attached hereto, counsel was intormed
that the matter wturld not be autonrrtiCally considered by the City Council, but recommended
(hill Counsel Contact the City Manager, Scott Neal, in (lie event Edina Swint Club wished to
appeal. By email transmitted at 1211 pm that same day (copy attached), counsel contacted Mr
Neal ruluestinC, clarification as to the process and timetable for- a possible appeal. See Exhibit G
attached hereto.
On and aliet the morning of November 8, 2011, Edina Park and Recreation staff,
includimo Mr, Macflolda, had received actual notice of Edina Swim Club's possible interest in
appealing, the Edina Park Roard decision to the City Council. Notwithstanding that tact, without
notica to Edina Swim Club. and without any necessity to expedite issuance of' a penntit to
I"dinaa Uit\ C'ciuncil
Vage 9
Dveenabet 14.2011
Aquajets fix E'dina Aquatic Center aacccss (which would commence no sooner than seven months
later). .M1. IMacl lolda inexplicably physically expedited delivery of permits to Aqua jets..- -with
Aquajets apparently rCCeiving the permits either that day w shortly thereafter —all while
diSCUSSioll5 Cnsucd over the possibility of nn nppcal. Equally promptly, counsel understands
from City staff that Aquajets expedited payment on the permits - -with payments having been
received by the City from Aquajets wish equivalent urgency, even though payment was not then
duC until RUIC I. 3012 A a consequence of these troubling actions, it is believed that the City
Attorney reached the decision that the permits were valid and binding on the City In short,
actions taken by City statl'to expedite the issuance of permits during the pendency of discussions
over ;appeal procedures had the undeniable effect of precluding Edina Swint Club from any
possibility of securing relief on the merits of the parties' dispute until calendar year 2013.
EXHIBIT B - Aquajets Response Letter
D. QkCLlSSion
Page 15 of 25
What precisely was decided at the November 7, 2011 Park Board electing remains
shrouded in uncertainty. Conceivably. in its vote, the Palk Board simply authoiizcd staff to
unilaterally solve the problem without consultation or guidance lions the Palk Board.
C'onvetsely. it is also possible that the Park Board took into account the commentary by both Mr.
Macl lokla and Mr. Kepi ios as a guide to their decision to empower staff. 1t' so, however, the
incollsistclit positions adopted by Niessis. ivlacllolda and Keprios only add mole confusion to
what the Park Board may have understood or intended. ,Moreover, if the outcome of the Paik
Board rote and consequential Park and Recreation staff decision - making and related actions
results in an allocation of pool time to the detriment of Edina Swim Club. that result would be
wholly inconsistent with the principle underlying the Sports Taskforce Relationship I)ocurnent
,guidelines. I-ot all of the teasons set forth below. the City Council should vacate or overrule the
iccent Park Board decision, and instead award Edina Aquatic Center pool priority access to
Edina Swim Club liar the Summer of 2013. and for all nonpublic pool times thereafter-
Aquajets Comment: The decision was clear to Aquajets. More time was needed to review the use
policy and its form so the status quo was preserved for the 2012 season. The status quo, by
definition, is not detrimental to Edina Swint Club. Furthermore, since Edina Swim Club does not
meet the 90% resident membership criteria outlined in the Sports Taskforce Relationship
Document, its principles should not be used as a basis to grant Edina Swim Club monopoly
usage rights of an enterprise facility.
As Aquaicts Swim Club argued to the Park Board, it will undoubtedly also argue to the
010 ('uuncil that Edina Swint Club has litiled to meet the Edina Spurts Taskibicc's own
definition for an 1-dina youth athletic association, and therefore should not be entitled to priority
status Ire this Ieoard. Appendix 1.2 to the Relationship Document establishes eight requirements
which an otganiiation must meet in older to be identified as an Edina youth athletic association
Of these teiluirenlents Edina Swim Club is in Bill compliance with seven of the lequirelllents.
The only requirement at issue is a 90% residency requirement —which Edina Swim Club
concedes it would not meet. Instead, according to F,dina Swint C'lub's tecords. its residency
count would place it at roughly 75% Edina residents. Based on this, Aquajets —one of two
Icco;,niied Eden Prairic: athletic s%vinl associations with an admitted Edina residency count of
Lmly 25 "/4 will ar ,gtic that it should supplant Edina Swine Club as the Edina youth athletic swim
association of record, or at the very least that the two clubs should have equal priority
(note ithslandin(, the last that Edina Swine C'lub's Edina icsident count would effectively topic
that of' Aquaicts)
Aquajets Comment: As noted above, the Gators team president stated for the record at the Park
Board Hearing that there were 199 Edina residents on the team with an overall count of
approximately 300 swimmers. This was including their masters swimmers, but before the recent
addition of 20 new swimmers from non -Edina swim teams. This indicates an Edina resident ►rs
percentage of approximately 62 %, far below the stated 75% above and perhaps the reason that
the Edina Swim Club is now advocating to abolish residency targets in their new proposal below.
Again, we encourage Edina Swim Club to conduct an accurate assessment of the number of
Edina residents on their club and to share that information with the City Council.
EXHIBIT B - Aquajets Response Letter Page 16 of 25
As noted above, the Aquajets has never sought to become the designated Edina youth athletic
association of record. It merely seeks to continue its 9 year relationship with the Edina Aquatic
Center at fair market value. Aquajets also do not dispute that Edina Swim Club has a higher
percentage of Edina residents. It questions, however, whether Edina Swim Club's resident
percentage merits a monopoly on all of the pool time available at Edina Aquatic Center.
While Edina Swim Club has conceded that it falls shoat of the residency threshold
established undet the Relationship Document, it argues: (a) that it is in fitll compliance with the
F(lina City Council
Pacle 10
December 14. 2011
spirit ul'thc Relationship Document, (b) that Edina Swim Club's residency percentage vastly
exceeds that of Aquajets, and (c) that the percentage requirement should be changed to more
accurawly tellcct reality- -both now and in the future t'
Edina Strirrt Club is in fid/ contolitinve with the s nirl i! of the Relationship
Uucttutenl
At the Noventhet 7, 2011 Park noarcl meeting, Mr. Keprios explained to (lie Park Board
that the vencial 90% residency threshold haul been acloptecl by Park and Recteation staffout of
the belief that applicable Edina youth athletic.associations were in compliance with that tate. At
that time, however, the 1 dins Swim Club was subject to the Relationship Document only in a
vacuum —anel witlwut any actual facility to which it needed to apply In ' the absence of
Competing dentan(ls liar the Edina Aquatic ('enter, there simply was no prioritization conflict to
tcwlve. AS sucit, staff had uncicrstanclatbly pieviousiy deemed it unncccssaty to craft a policy for
a problem that did not then gist.
Aquajets Comment: Aquajets and Edina Swim Club have successfully shared time at the Edina
Aquatic Center for 9 years. Aquajets believe that this matter could be quickly resolved in a good
faith negotiation that, to date, Edina Swim Club has refused to entertain.
As previously stated, Edina Swim Club has 17.5 hours per week of pool time compared to 10
hours per week for Aquajets. Edina already has 75% more pool time than Aquajets with the
same approximate enrollment of 300 swimmers. What has not been made clear is why Edina
Swim Club now needs a total of 27.5 hours of pool time per week when Aquajets has achieved
success with 10 hours. If it is to accommodate additional swimmers, it is likely that they would
not be Edina youth, thereby further diluting the residency percent of Edina Swim Club.
EXHIBIT B - Aquajets Response Letter
Page 17 of 25
In last, it was only when Palk and Recreation staff had become aware of possible
conflicts over access to the Aquatic Center that staff cralted and introducecl its policy--which
then included a 75% residency test fat F.dina Swim Club. As indicated by Mr. Ke:prios during
tilt; Park Boatel N-iecting, stall was supporting the 75% threshold. because they understood that
Cklinu Swim Club's current residency makeup conformed to that policy. In short, staff slid not
want to adopt a threshold that was inconsistent with reality, as it would simply set Edina Swim
l:' 1111 tilt - 1,01- lailtnc. 1Vhilt the- Patrk- I3wau! -s dccisien to 1'otebo implementation -of-a- policy nt_that
lime hrls Iusnitc I in II Cc)ntitltiatlon of an interim policy vacuum, Gclina Swim Club nonetheless
Cmililtnts. with the teems proposed by Park and Recrratiomstaff, as well as with the spirit behind
boll mlic 90 %, and 75% policies —ix.. to aclopt a reasonable: residency policy that is within reach
of this. athletic associations. As such, the City Council should tecogni c that Nclinu Swim Club is
in lull compliance with the spirit of the Relationship Document, and with the actual-75%
residency proposal by Park and - Recreation staff, and award priority usage of the r-Mina Aquatic
C;enlei to Ciclina Swim Club for 2012 and tltctcaftcr.
Apuaiets Comment: Aquajets, again, questions the actual resident enrollment on Edina Swim
Club and why it needs additional hours above and beyond what it is currently enjoys
l:i/inu Swim ('Inh 's r esidenuy liercenlage vastiv exceeds 1hal (1- Wrvur41s
Itasecl Solely till an analysis ofcach swim cltth*s resi(le;ncy percentage —tile principal tool
dr.ccicthcei
I)v I?.ilina Park and Recreation lot, detenuining priority access to the City's athletic
lielcls and Iicililies -12dina Scrim Club unequivocally prevails Accepting .both club's stated
I-CSieic.ncy pctcentages, Edina's tesiciency percentage stands at 7.5%. and !lcluaiets' percentage
stands M 2-No Given that both clubs have toughly equal membership numbers, Edina Swim
('tub's actual Ftlina tesieiency count (as opposed to a percentage residency count) is similarly
r' it s!luulcl be nr,ecd that Virtually no infotn)ation was requested from, or fiunishccl by. Aquajets
cl11rin__ the Palk- lloard Mecting that would lend any clue to the level of- Aquakiets' possible
Compliance with the Relationship Document beyoncl its very Iimited Fctina tesidency makeup.
kelitiu C'itV C'otnlCll
llaue I I
December 1.1. 201 l
"tcatcr than :lquttjrts' residency count As such. Edina Swim C'luh should he awarded priority
status'
EXHIBIT B - Aquajets Response Letter
Page 18 of 25
If necessary, the pe1TC111clr,1u requirement .nllnuld he churl cad to more acc•lll•alely
tdflcct reality —hnth now and in the hutrre.
Not all youth athletic activities are equal. .lust as each athletic activity recognized under
the Relationship Document varies dramatically, so too should the Relationship Document be
customized to rellect that reality. To the extent that Patk and Recreation staff or the City
Council believes that strict compliance with the terms of the Relationship Document is
important, then. a fair outcome for members of Edina Swim Club would be to lust bring the
document into contotntity with reality —and with the 75% tcsidency test proposed by Park and
Recreation stall'. 'I'hc alternative (i.e.. enforcement of a 90% residency threshold) would only
impose a harsh and unnecessary penalty by forcing nonresident membership terminations simply
to meet an arbitrary and wholly unnecessary percentile requirement —all of which could
mt•ast MIlly reducC the size and competitiveness of* the fidina Swim Club. More impottantly,
however, whatever new threshold Wright lie established should include provision for reasonable
t1exihility to address changing citcumstances. Whatever percentage, if any, might be
established, it stands to reason that it may not always suflice --•and that modification of the
Relationship Ducument to capture acceptable changes should be an important option. For
example, il'an otganizatiun's historical residency level has been at 75 %, what position would the
City intent) to take should [lint percentage slip to 70%1 In lieu of adopting enforcement action
for every occwrence of noncompliance. the City may wish to consider adopting a lower
ihresholtl to accommodate in advance the probability of fluctuation, or alternatively to provide a
ilracc per iod during with the association would have an opportunity to rectify slippage
Aguaiets Comment: It is possible that Edina Swim Club is pursuing a policy of no residency
targets because it envisions continued dilution in its Edina resident rate as it continues to grow.
The Edina Swim Club's attempts to monopolize an enterprise facility. Its diminishing Edina
residency rates may now or will soon, conflict with city policy. Aquajets will continue to grow its
Edina resident membership and pay fair market value for pool time. The entire community of
Edina benefits financially from Aquajets' use of the facility.
f. An Alternate Solution
.1 Y utl rtherntrlive to a percentn_yu residency test Eililla swim C711h su_uvms (I dillerent
tree ehrnrArtr [tort n1nre vlfecLh,tl .1 uchieyea the o) it�irull L ►na! n /the SptuYs 1 rrsk /iuce.
\s a practical matter, fidim Swim Club suggests that a percentage tcsidency threshold
may not he (lie most appropriate or effective means of ensuring an unlimited opportunity for
Edina resident participation. While Edina Swim Club generally supports adoption of a 75%
tcsidency threshold (or some variation thereof, as discussed above), it offers lot consideration a
solution that may better lit the needs and objectives ol'both the City and Fdina Swim Cluh
Apuaiets Comment: Regarding the "Alternate Solution", the Edina community and its aspiring
swimmers are served very well by the collective efforts of Aquajets and Edina Swim Club to the
point of saturation. The additional swimmers that Edina Swim Club apparently wants to add
will necessarily come from outside the community. The reason Edina Swim Club Is attempting to
remove residency requirements is likely because it already fails the percentage requirements and
its continued growth will lead to further reduce its Edina residency rate. This trend Is
completely at odds with its efforts to monopolize all available time at Edina Aquatic Center
under the premise of the designated Edina youth swim association.
EXHIBIT B - Aquajets Response Letter
Page 19 of 25
According to Edina Park and Recreation staff, Aquliets has expressed a tailback plan to
segrcente till of' its Wina resident swimmers into an "Edina only" salcllite club in an eftibrt to
achieve 100% residency status, and thereby engineer giriotity access to the China Aquatic Center,
notwithstanding Aquajets' lower resident numbers For this teason, as'will be discussed later, a
percentit c -teased police canbemanipul ate
d -tu- produce unfair and unintended results:
Aquajets Comment: An "Edina only' - satellite club is not practical and was never considered as
a realistic alternative by Aquajets. We believe #hat there is adequate pool time under the present
allocation to achieve the goals of both teams.
lidinil C: itv Council
Page 12
December 14. 2011
t a) llrc� l'ru rrsu!
(1) Gjant all Edina resident applicants preferential placcrnent status with
Rdina Swim Club, subject to normal eligibility requirements to ensure that
the child applicant can safely participate,
(2) if at any time Editki Swim Club reaches capacity such that it is unable to
place an eligible Edina resident swimmer in its program, the applicant
s%vinuttcr would be placed on u wailing; list and an automatic moratorium
on new swim recruits would be in eflect until such time as the swim club
had a new opening —with eligible Edina resident swimmers being
preferred over nonresident swimmcrs."0
EXHIBIT B - Aquajets Response Letter
t b) 'fete RC(lionelle,
Page 20 of 25
(1) A swimming progrun can acconunodate substantially more participants
than most other athletic activities, making a numerical or pci- ecntabe
testtiction unnecessarily limiting, and detrimental to both Edina residents
and nonresidents alike. For example, while only ten players can be on the
basketball court and only 22 soccer players can be on the soccer field at
one time, an average 25 yard pool can accommodate 60 -80 swimnlcls in a
not oral practice, and hundreds of swimmers in a lypie it swim Ineet. In
shot t, the number of athletes able to pat ticipate in swine practices and
actual competition are compatalively unlimited, thus providing greater
flexibility in accommodating new swimmers The size of both Edina
Swim Club and Aquajcts Swim Club are evidence of this.
(2) Unlike other programs where team size can inhibit the rcctcational
experience, the overall swimming experience is enhanced for all
swinuncis when a team achieves a larger size. 'fhough understandably
counterintuitive when considered in the context of many other sports
(whore mole players generally translates into store time on the bench), in
the case of swiminin„ just the apposite is true for the following reasons:
(i) Since training and competition generally occurs within age croups,
a larger team usually means that more comparably aged swimmers
can train and compete together. This makes the overall experience
substantially inure productive and enjoyable for the swimmers;
(ii) Relay participation- --one of the more exciting event categotics for
most swimmers is heavily dependent on fielding a larger team of
s I he undcrlyiIIU intent behind this "inouitorium" proposal is in part to avoid disruption
associated with Icnwving all existing learn member wheel, in the case of a year round program
with 300 on more swimmers and with constant fluctuation in size. a brief waiting period would
11011111111V al law toe- llaltlral vacancies to occur
Edina City Council
Page 13
17ccember 14. 2011
swimmers. i1 team with only thnce swimmers in a particular age
group, for example. would be ineligible to field a relay for that age
group C'onveiscly, at larger team is able to field numerous relays
in multiple age groups;
(iii) Uenelal socialization is enhanced. Swim meets last a long time
(several hours each day). A larger team provides swinuners with
more comparably aged teammates, making the entire experience
substantially mote interactive and enjoyable;
EXHIBIT B - Aquajets Response Letter
Page 21 of 25
(iv) Most swim meets are scored based on both individual and group
perfoimance As such, a larger swim team invariably carries more
..comlx;titivc weight" to the event, making; [lie experience
significantly more exciting lbr the swimmers of both teams
(v) I.ainct swine teams also equate to a larger group of swim
families- - making it niore 1i asible (and less btudensome to both
the club and families) to recruit the legion of voluntects that are
necessary to run a complex swim meet. (While this may he
unimportant to Aquajets due to the fact that it doesn't host nicets, it
is very impottant to Edina Swim Club and virtually all other swim
clubs in the State of Minnesota that work to make swim meets
possible), and
Aquaiets Comment: Aquajets' families volunteer at other team's meets from which Aquajets
does not profit. This includes last summer's Long Course State Meet hosted by Foxjets. Again,
Aquajets would be delighted to relieve Edina Swim Club of the burden of running any of their
multiple fund raising meets.
(vi) lmpottantly, it linger team enhances cash flow for the organization.
making it possible to provide more competitive rates for families,
to fund pool tental costs, to hire experienced coaching staff to
make team ttips more financially feasible, androt to provide
assistance for highly competitive swimmers who may be eligible
tier regional, national or other high level competition.
As to all of the above reasons. none ate dependent on achieving; it specific
percentage of Edina resident swinnncrs Conversely, all ate enhanced simply by
virtue of being; associated with a latpet swim club organization. Sir long as every
L:dina resident has an equal opportunity to participate, why would the City want to
impose arbitrary membership restrictions that operate to limit the positive aspects
of a swimmer's experience?
Aquaiets Comment: If the Edina Swim Club is successful in monopolizing all available pool time
at the Edina Aquatic Center, approximately 80 Edina residents on the Aquajets team would be
detrimentally affected. As noted above, these 80 Edina resident swimmers would predominantly
be displaced by non - resident swimmers.
'' Consider, for example, last year's 2011 Minnesota Long Course State Championship meet -
which featured ,15 separate swim clubs, 183) separate events, numetous heats foe each such event,
and countless swimmers— culminating; in Aquaiets Swim Club edging; out Edina Swim Club for
first place by scores of 4.629 50 points to 4.614 points, a difference toughly equivalent to a tic. If
either team was smaller. it likely .%ould not have achieved this outcome, and the swinunets fot
each tecun and within theit individual age groups Nvould have been denied an exciting
oppoltunity to excel at the highest levels
EXHIBIT B - Aquajets Response Letter
Page 22 of 25
C'onsidei. lilt example, last year's 2011 Minnesota Long Course State Championship nhect -
which teattuctl 45 separate swim clubs, 18 3) sepatate events, nunletous heats fctr each such event,
and countless swimmers— culminating in Aquajets Swim Club edging out Gdina Swine Club for
Iitst place by stoics of 4.629 50 points to 4,614 points, a diflerenec toughly equivalent to a tic. If
either team was smaller, it likeiv would not have achieved this outcrnne, and the swimmers tot
each te ;unl and within their individual age Uoups would have been denied an exciting
opporctulity to excel at file highest levels
Aquajets Comment: The results of the Long Course State Championship meet indicate that each
team already has sufficient size and facilities to compete at a high level.
Edina UIt%• ('outicil
Pa-e 14
December 14. 20 1 1
2. . (percuntcuse requirement crecrles ter r.,f)en door policy for every outside voulh athlelrc
.tieekirrt etecays /n I%dirur_fiel(A and ircilh iex. including the Edina rlrtr taic
'enter.
AS clearly denwnsttated by the very dispute between Edina Swim Club and Aquajets
Svt im UIIIb, it percentage IMILIkemem cteates an open door for any organization in want of Edina
rCcrc:rtional fields and lacilities While Aclu;.iets will undoubtedly deny this assettion, its entire
aq-timent has been rooted in this fact. Aquaitts' only inticulated position in this dispute hats been
to ickntil� a lailute by hclin;t Swim Club to meet a specific percentage requirement that Valk and
lz ctcatioll stal,f vwlen't even proposing, and then to tally in support of the adoption of that
tc(luirement in an Mint to somehow secure access for itself (even when its level of conhpliance
is subsl:ulliaily worse). Aquajets doesn't contend that it nu:cts that acquirement Rather it has
cunccticcl thrr! it falls tat short of l dina Swink Club's perfotntance Icvel- -and yet still argues that
its 25% compliance•justities at least equal access to the aquatic Center. ( :onceivably. Aquajets
nrtinrains :uh. as yet. unstated position that it should at least have 25% access--i.c , pioportionate
to its claimed F,clina residency number Regardless of which argument Aquajets otters, however,
it sinculai truth avails itself—which is that Aquajets believes that any percenlagc residency level
;;tanty it a ;;renter opport till ILy for a roothold within the Aquatic Center. In shntt, by recuhiting
I ;diva Icsiclurhts to join an outside association, that association then prese•vcs a latcl atgunhcnt to
the rttcct that its Fdinn membership allows, it access commensurate with other Hdina
associations 11 that is true, tits Ilood -ates open for every Hdina youth athletic licld or fitcility.
Unless the City firmly closes the door on this atgunhent, it nhay soon have other
'`noruesident" associations (whether for swimming, klotball, basketball, soccer, baseball oI any
ulna athhlctic activity) seeking access Aquajets' posture will quickly become City policy- -and
the sports task-161ce principle ol'a single youth athletic association l'or each sport" may beconhc
hi�tory. it it hasn't 111 Cady
Aquajets Comment: A cascading detrimental effect to the principle is unlikely. Other Edina
sports teams meet the 90% residency requirement.
EXHIBIT B - Aquajets Response Letter Page 23 of 25
I.. :I lie Enterprise Vaciiity IssiLc
In the background on this issue there is a hovering —and as yet unstated -• -issue regarding
Elie Edina Atluatic Center's status as an enterprise facility While this is an important issue
worthy of discussion, it should be iriclevant to the very narrow "priotity" issue raised in the
dispute between Gdina Switn Club and Aquajets Swim Club. The enterprise facility issue should
concern only the City's expicssed need for a market rate cost recovery in connection with the
fees c11.11-61ed liar access to its enterptise facilities. While, as a recognized Edina youth athletic
association, Edina Swim Club would undoubtedly appreciate rate discounts equivalent to
discouute:d rates otherwise charged for non - enterprise facilities. Edina Swim Club has always
paid the City's market late, and has expressed a willingness to continue to incur market We
costs for the F.dina Aquatic Center.
Aquaiets Comment: This is indeed an issue that has enterprise facility implications. The City of
Edina is more likely to achieve fair market value for its services when a monopoly situation does
not exist. As noted above, Aquajets has historically paid over 30% more than the Edina Swim
Club for the use of Edina Aquatic Center. For the first time, both teams will be paying the same
$100 / /hour rate in 2012.
USA Swim determined that fair market value for swimming pool rent ranges from $150 -200 per
hour in order to cover operating expenses. Given the incredible demand for 50 meter pool time,
it can be argued that the Edina Swim Club has enjoyed a discount of up to 50% from fair
market value. Aquajets has offered a rate of $150 / hour, a considerable revenue generating
opportunity for the Edina Aquatic Center truly reflecting fair market value.
C►. 'Iltc.'frust Factor
While Edina Swim Club recognizes and supports the necessity for City oversight with
respect to utilization of municipal assets, the extent to which the swim club has been required to
EXHIBIT B - Aquajets Response Letter
Edina City Council
I'a-C 15
December 14. 2011
Page 24 of 25
" p 1m a up" its credentials and ongoing service to the Edina community –in the face of
encroachment by a nonresident organization —is troubling. In the lifty plus years that Edina
S%%im Club has served the Edina community, countless thousands of Edina children and their
patents have been members (both as youth and masters swimmers), served on boards,
volunteered, or simply cheered their children while sitting in cramped bleachers. Edina Swim
Club has no lU\nr'ioUS $4 1 Million swim complex. Instead, it cobbles together an array of pools
across the metro area (none of which encroach on the domain of other swim clubs). Its parents
carpool or otherwise transport their children up to several miles each day so that their children
can train and socialize with their friends and neighbors. The relative few that join fionl other
ccunnnnlities generally have no local swine club While some do leave another club team to join
Edina Swim Club, ti1Cy e10 SO Of (I1Cir own volition and are not recruited by Edina Swint Club. If
the I'arl: Board or City Council want more from its resident youth athletic associations, Edina
Swim Club will endeavor to provide it to the extent reasonably possible. Edina Swim Club
respcctlirlly requests, however, that the City Council, Vark Board, and general community afford
it some reasonable trust. After over 50 years. Edina Swim Club has earned that.
Aquaiets Comment: Since the club's first year, Aquajets has used the Edina Aquatic Center.
There has been no encroachment, by one team or the other but rather mutually beneficial
sharing of pool time common among swim teams in respectful competition. Every 50 meter pool
in the metro area is shared by multiple swim teams. Edina Swim Club's demands to
unnecessarily monopolize all Edina Aquatic Center pool time is unsupportable, if not predatory,
and reflects poorly on the Edina Swim Club and the Edina community in general.
The Edina Swim Club is a privately held entity. It is independent of both the Edina Park &
Recreation Department and the Edina School District. It is asking for sole control over a multi-
million dollar public facility, at the expense of other Edina residents. It has not demonstrated a
clear need to monopolize the Edina Aquatic Center, and in fact continues to misuse the facility
with masters swimmers and small children who require a bulkhead installed in the middle of the
pool. At such time as the Edina Swim Club can amply demonstrate the need for 27.5 hours per
week of pool time (a 57% increase from its current level), it is reasonable to ask the two clubs to
get along and share the pool. It is the fair thing to do.
Continuing to allow the two Clubs to utilize the pool space and time efficiently and effectively is
in the best interest of Edina resident swimmers and allows them to continue to have a choice of
clubs to best serve their unique needs. Affording this choice has been and will continue to be in
the best interest of the children. Aquajets believes this Is reasonable and desires to establish a
cooperative relationship with the Gators to share the pool.
EXHIBIT B - Aquaiets Response Letter Page 25 of 25
For all of the above- stated reasons, Edina Swim Club respectfidly requests that the City
Council grant Edina Swim Club first priority access to the Edina Aquatic Center for all available
nonpublic pool times from and after August !'1 02012.
It�a��ctl'ul
Jeff• y Carpcntcr
C(►tnteel -li►r the Appellant
.II )C:jj .r; <r 171,:<x
r� �liclriel C•. (ilctvtr. i?sq
'r
MINUTES
Regular Meeting of the
Edina Heritage Preservation Board
Edina City Hall — Community Room
November 7, 2011
7:00 p.m.
ROLL CALL 7:00 P.M.
Answering roll call were Chairman Stegner, and Members Ahlstrom, Anger, Carr, Curran, Davis, Moore,
Rehkamp Larson, Schwartzbauer, Copman and Ellingboe.
Staff present was Planner Joyce Repya; also present was Robert Vogel, Preservation Consultant.
II. APPROVAL OF MEETING AGENDA
Member Carr asked that the updating of the City's web site be added to the "Chair and Board Member
Comments" section of the meeting. Member Curran moved to approve the meeting agenda with the addition of
the updating of the City's website added to the "Chair and Board Member Comments ". Member Carr seconded
the motion. All voted aye. The motion carried.
III. MINUTES APPROVED Regular meeting of October 11, 2011
Member Carr moved approval of the minutes from the October 11, 2011 meeting of the board. Member Curran
seconded the motion. All voted aye. The motion carried.
IV. COMMUNITY COMMENT None
V. REPORTS /RECOMMENDATIONS
A. Heritage Resources Inventory
Consultant Vogel provided the Board with detailed information outlining the responsibilities of the HPB as well
as an up to date status of the heritage landmark properties, an inventory of historic resource studies, and the
scope of the preservation work currently underway.
Mr. Vogel explained that the State Historical Society (SHPO) has a statewide database of paper files with a
computerized catalog that is not remotely accessible. The inventory for Edina contains paper files for 626
surveyed properties within Edina's city limits (550 of which are homes in the Country Club District). Much of the
survey data in SHPO's inventory is quite old and many of the files have not been updated in over two decades.
Mr. Vogel pointed out that due to time and funding constraints, the review and organization of the inventory
files has not been a high priority for the HPB in the past. However, the mass of the data with over 1,000 paper
files has become overwhelming. Keeping the files up to date is a time - consuming task and some of the newest
survey data has yet to be integrated into the inventory. That being said, all of the files are securely stored and
while the data is bulky, it can be retrieved when needed by city staff.
Mr. Vogel concluded the he recommended the following action items for the HPB to update the historic
resource inventory:
t
Edina Heritage Preservation Board
Minutes
November 7, 2011
1. Merge the SHPO, City Hall and consultant inventories into a single set of paper files to be known as the
Edina Heritage Resources Inventory and locate the files in the city planning department.
2. Integrate the results of the Edina Country club District re- survey, Morningside Neighborhood
reconnaissance survey, and Morningside bungalow multiple property study with the master Edina
Heritage Resources Inventory.
3. Develop a fully operational computerized catalog system to provide rapid, easy access to critical
management information based on location, name of property, resource type, use, date of construction,
and significance.
4. Prepare Minnesota Architecture - History Inventory Forms for all surveyed properties that are not
included in the current SHPO inventory.
Member Carr thanked Mr. Vogel for the thorough report stating that the information was helpful to see the big
picture regarding Edina's historic resources. Board members agreed, adding that they found it interesting that
in this electronic age so little has been done on the State level to provide electronic accessibility to historic
resource information. Member Curran commented that Edina's resource inventory from SHPO'is dated from
1998... reason enough to bring the data into the 215` Century.
Member Davis pointed out that Edina's historic assessor's files dating back to the 1950's are stored at the Edina
Historical Museum, however they do not have staff to evaluate the inventory. Chairman Stegner stated that it
would be important to evaluate the data available on the historic resources and then determine a structure for
organizing the information.
Discussion ensued regarding the importance of providing Edina's historic resource data in an electric format that
could be accessed by the public. Chairman Stegner commented that creating an up to date electronic database
of Edina's historic resources is a project that has not been addressed, yet if done correctly, could be a model
replicated in other communities.
Member Davis moved that Chairman Stegner appoint a subcommittee of three people to report at the January
meeting on the potential for creating an electronic historic resource inventory for the City. Member Curran
seconded the motion. All voted aye. The motion carried.
Chairman Stegner asked for volunteers to serve on the historic resource inventory subcommittee. He, Member
Moore and Member Davis volunteered. Consultant Vogel agreed to provide the subcommittee with the State's
Survey Manual.
Board members agreed that solidifying a thorough and current historic resource inventory would serve to
advance the preservation of those resources in the community.
Edina Heritage Preservation Board
Minutes
November 7, 2011
Following a brief discussion Member Rehkamp Larson moved that the HPB create a calendar with inventory and
grant time lines using the current annual work plan as a template. Member Ahlstrom seconded the motion. All
voted aye. The motion carried.
Chairman Stegner suggested that as a long term project, the Board review the properties currently listed as
eligible for landmark designation to compare with potential properties currently not identified which could be
added to the list. Consultant Vogel agreed that including long term projects with the work plan was an excellent
idea and suggested that referring to the Heritage Preservation section of the Comprehensive Plan where the
goals are established would be helpful.
The Board thanked Mr. Vogel for the valuable information — pointing out that they now better understand the
previous work of the HPB with an eye on planning for future.
B. 5015 Wooddale Lane— Royal Barry Wills, Architect, 1939
In 1939, the home at 5015 Wooddale Lane was constructed as part of an architectural experiment. Life
Magazine in collaboration with Architectural Forum Magazine selected four families in four income groups in the
east, south, mid -west and far west areas of the country, and eight of the most prominent architects in America
to draw plans for traditional and modern type homes affordable to the respective families. A "traditional" Cape
Cod style home was designed for Edina's Blackbourn family priced in the $5,000 to $6,000 range by renowned
New England architect, Royal Barry Wills.
While this home has been identified in the City's historic resource inventory, Member Moore brought it to the
attention of the Board along with clippings from Edina's 1939 "The Crier" newspaper when the construction and
marketing of the home was chronicled. The Board agreed that the information was fascinating and wondered if
the current owners were aware of the history of their home. Planner Repya agreed to send a letter to the
owners outlining the history of their home with an invitation to discuss the potential for landmark designation.
Chairman Stegner was joined by the remainder of the Board in thanking Member Moore for sharing the
interesting newspaper clippings on the Royal Barry Wills home. No formal action was taken.
C. Construction of St. Stephen's Episcopal Church Video 1936 -1938
Member Moore shared a 13 minute movie highlighting the construction phases of St. Stephens Episcopal Church
from the 1930's. Mr. Moore explained that his grandfather served on the building committee for the church and
periodically had his son (Moore's father) take movie footage of the construction from the early days when the
land was being cleared to the time when the church was nearing completion.
Since the movie provided by Mr. Moore was in an 8 -track format, Planner Repya arranged to have the City's
communications department download the movie to YouTube which enabled the Board to view the film.
After the viewing, the Board expressed their thanks to Member Moore for sharing this valuable piece of Edina's
history. It was agreed that the film would no doubt be of interest to the community; and it was pointed out that
Edina Heritage Preservation Board
Minutes
November 7, 2011
since St. Stephen's Church received the 2011 Preservation Award, perhaps the film could be incorporated into
the upcoming televised meeting. Chairman Stegner also thanked Member Moore for sharing the movie with the
Board — pointing out that it provided an excellent segway to the next item on the agenda. No formal action was
taken.
D. Plans for December 13th Televised Meeting
Chairman Stegner reminded the Board that in response the City Council's request that one meeting a year be
televised, it has been arranged for the next HPB meeting on December 13th to be videotaped. To accommodate
the production staff, the meeting will be held in the City Council Chambers.
A discussion of the meeting content ensued. It was agreed that in addition to any potential Certificate of
Appropriateness applications, it would be a good time to review the Board's 2011 activities, as well as the work
plan and future projects that have been identified.
Referring back to the film of the St. Stephen's Church construction, it was pointed out that since the movie has
no sound, perhaps background music could be added to enhance the viewing.
Chairman Stegner stated that once the deadline for COA submittals has passed, it will be easier to establish the
agenda for the December meeting. He agreed to work with Planner Repya on a potential power point
presentation and the format of the meeting and report to the Board prior to December 13th. No formal action
was taken.
VI. CORRESPONDENCE AND PETITIONS None
VII. CHAIR AND BOARD MEMBER COMMENTS
A. Southdale Center Update
Member Moore reported that he and Member Anger met with Planner Repya to review the Southdale
information she had in her files. They also plan on visiting the Edina Historical Society to review their
information with the ultimate goal of creating a master book of scanned files.
Member Anger stated that it would be great if the Southdale owners recognized the importance of identifying
the artifacts from the center's early days. Consultant Vogel commented that it appears the owners need to get
a handle on what artifacts remain and where they are located.
Member Carr pointed out that there may be a foundation such as the Target Foundation that would be
interested in supporting a Southdale artifact restoration project. Board members agreed, adding that there are
most likely TV footage and press materials from Southdale's early days that could be used to spark interest from
the public.
4
Edina Heritage Preservation Board
Minutes
November 7, 2011
Chairman Stegner thanked Members Moore and Anger for their work thus far, pointing out that with the
upcoming 125th Anniversary of the City in 2013, the timing of this project is perfect.
B. GrandView District Small Area Study
Chairman Stegner reported to the Board that since the October meeting Planner Repya, he and Consultant Vogel
attended a work session of the GrandView District Small Area Study committee that focused on the history of
the area. Also in attendance were members from the Edina Historical Society and Jerry's Foods. The
information was very interesting and focused on the development of the area since 1912 as well as influential
residents that lived in the neighborhood. The purpose of the work session was to provide the committee and
consultants an historic backdrop they will take into consideration in their planning process.
C. Updating of the City's Web Site — Member Carr
Member Carr recognized that the City's communication's department is in the process of re -doing the City's
website and pointed out that this might be a good time for the HPB to provide input regarding the need for an
interactive element whereby interested parties have the ability to access information. She added it would be
wonderful if through the website, the HPB could emphasize education and heritage preservation awareness.
Following a brief discussion, Planner Repya agreed to report back to the Board on how the updated website will
impact their mission.
VIII. STAFF COMMENTS
Planner Repya provided the Board members with copies of the completed "Thematic Study of Heritage
Resources Associated with Women in the City of Edina ". The project, funded by a matching Certified Local
Government Grant" will be coupled with previous studies to provide contextual information regarding the
impact of women on Edina's heritage resources.
Board members stated that they have been anxious to receive the finished study. It was agreed that they
wanted ample time to review the information, and since the December meeting will be televised, they would
discuss the study at the January 2012 meeting.
IX. NEXT MEETING DATE December 13, 2011
X. ADJOURNMENT 8:55 P.M.
Respectfully submitted,
Joyce Repya