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2022-09-20 City Council Meeting Packet
Agenda City Council Meeting City of Edina, Minnesota Edina City Hall Council Chambers Tuesday, September 20, 2022 7:00 PM Watch the meeting on cable TV or at EdinaMN.gov/LiveMeetings or Facebook.com/EdinaMN. Participate in Community Comment and Public Hearings Call 888-504-7949 Enter Participant Passcode 976976 Press *1 on your telephone keypad when you would like to get in the queue to speak. An operator will introduce you when it is your turn. I.Call To Order II.Roll Call III.Pledge of Allegiance IV.Approval Of Meeting Agenda V.Community Comment During "Community Comment," the Mayor will invite residents to share issues or concerns that are not scheduled for a future public hearing. Items that are on tonight's agenda may not be addressed during Community Comment. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Individuals should not expect the Mayor or Council to respond to their comments tonight. The City Manager will respond to questions raised during Community Comments at the next meeting. A.City Manager's Response to Community Comments VI.Adoption Of Consent Agenda All agenda items listed on the Consent Agenda will be approved by one motion. There will be no separate discussion of items unless requested to be removed by a Council Member. If removed the item will be considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve, unless otherwise noted in consent item.) A.Approve Minutes: Work Session and Regular, Sept. 7, 2022 B.Approve Payment of Claims C.Resolution 2022-83: Approving the 2023 Budget and Dues Increase for the I-494 Corridor Commission D.Reject Bids for Contract ENG 22-18NB West 50th Street and Sunnyslope Road East Turn Lane Improvements E.Approve Agreements with Soo Line Railroad Company dba Canadian Paci>c F.Request for Purchase: Engineering Services Public Works Trench Drain Repairs G.Request for Purchase: Edinborough Park Building Automation System H.Request for Purchase: Change Order No. 2 Electrical Locates I.Request for Purchase: Police Security Upgrades Ballistic Door Storefront J.Request for Purchase: Police Security Upgrades High-Speed Garage Doors K.Request for Purchase: Fire Station #1 Workspace Expansion L.Request for Purchase: McCauley Trail Shared Use Path Phase 1 M.Set December 6, 2022, as the Public Hearing Date for the 2023 Levy and Budget N.Approve 2022-2023 Union Contract for LELS Local 486 Police Sergeants O.Request for Purchase: Replace Automated CPR Devices P.Approve League of Minnesota Cities Annual Membership Dues Q.Approve Mann Theatres Business Establishment Name Change for Liquor License R.Continue Action to October 6, 2022, for Resolution No. 2022-77 and Ordinance No. 2022-11: Preliminary Rezoning from PID, Planned Industrial District to PUD, Planned Unit Development, and Subdivision at 5146 Eden Avenue (Former Public Works Site) VII.Special Recognitions And Presentations A.Proclamation: Declaring September 17-23 Constitution Week VIII.Public Hearings During "Public Hearings," the Mayor will ask for public testimony after staG and/or applicants make their presentations. The following guidelines are in place to ensure an eIcient, fair, and respectful hearing; limit your testimony to three minutes and to the matter under consideration; the Mayor may modify times, as deemed necessary; avoid repeating remarks or points of view made by previous speakers. The use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A.PUBLIC HEARING: Resolution No. 2022-81 and Zoning Ordinance No. 2022-13: To revise the PUD-16 Zoning District to include a new Overall Development Plan and Site Plan Review for 7200 and 7250 France Avenue IX.Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) A.Receive Advisory Communication from the Heritage Preservation Commission B.Resolution No. 2022-79: Approving Right-of-Way Easement Vacation at 5304 Whiting Avenue C.Ordinance No. 2022-12: Establishing a Municipal Licensing and Regulatory System for THC-Infused Edibles and Drinks D.Resolution No. 2022-84: Adopting the Proposed Budget and Establishing the Proposed Tax Levy Payable in 2023 X.Commission Correspondence (Minutes and Advisory Communication) A.Minutes: Energy & Environment Commission Aug. 11, 2022 B.Minutes: Parks & Recreation Commission Aug. 8, 2022 XI.Manager's Comments A.Prep Memo for Sept. 20, 2022 XII.Mayor And Council Comments XIII.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 ampli>cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: September 20, 2022 Agenda Item #: V.A. To:Mayor and City Council Item Type: Other From:Sharon Allison, City Clerk Item Activity: Subject:City Manager's Response to Community Comments Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: City Manager Neal will respond to questions asked at the previous council meeting. Date: September 20, 2022 Agenda Item #: VI.A. To:Mayor and City Council Item Type: Minutes From:Sharon Allison, City Clerk Item Activity: Subject:Approve Minutes: Work Session and Regular, Sept. 7, 2022 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Minutes as presented. INTRODUCTION: ATTACHMENTS: Description Draft Minutes: Work Session, Sept. 7, 2022 Draft Minutes: Regular, Sept. 7, 2022 MINUTES OF THE EDINA CITY COUNCIL WORK SESSION COMMUNITY ROOM, CITY HALL WEDNESDAY, SEPTEMBER 7, 2022 5:30 P.M. CALL TO ORDER Mayor Hovland called the meeting to order at 5:37 p.m. ROLL CALL Answering roll call were Council Members Anderson, Jackson, Pierce; Mayor Hovland. Council Member Staunton arrived at 5:45 p.m. Staff in attendance: Scott Neal, City Manager; Lisa Schaefer, Assistant City Manager; Gillian Straub, City Management Fellow; Andrew Scipioni, Transportation Planner; Grace Hancock, Sustainability Manager; Chad Millner, Director of Engineering; Jesse Meyer-Rudd, IT Support Supervisor; and Noel Mills, Deputy City Clerk. JOINT MEETING: TRANSPORTATION COMMISSION Chair Kirk Johnson provided updates on the commission’s current initiatives. Regarding the Boulevard Tree Policy initiative, the commission recommended an ordinance that would require residents to get a permit to remove trees from boulevard property, with the goal of maintaining the tree canopy. Fines would help finance a city tree fund. The second initiative, the Public Transit Checklist, is paused until 2023. The Safe Routes to School and the process review for Traffic Impact Studies initiatives were paused because of the resignation of the commissioner working on them. The commission is working on its 2023 Work Plan. Council asked questions and provided feedback. JOINT MEETING: ENERGY & ENVIRONMENT COMMISSION Chair Hilda Martinez provided updates on the commission’s initiatives. No Mow May was successful. The pollinator resolution was successful, and participants felt positively about the initiative, so the commission is considering making the initiative ongoing. The commission is proposing an amendment to the City’s ordinance on residential trees. The Green Business Recognition Program currently has eight businesses recognized and four more in the pipeline. Recycling and composting in multi-family residences were paused until Organics Recycling Coordinator Singh presents her team’s work. A GreenCorps member will be starting soon to work on this initiative. The commission has been attending City events to educate the community about its initiatives. The commission is proposing the City advances an ordinance that imposes a minimum fee on all single-use bags. The commission organized a metro-wide energy and environment networking meeting. Council asked questions and provided feedback. ADJOURNMENT Mayor Hovland adjourned the meeting at 6:14 p.m. Respectfully submitted, ____________________________________________ Noel Mills, Deputy City Clerk Minutes approved by the Edina City Council. ___________________________________________ Kevin Staunton, Acting Mayor Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL MEETING SEPTEMBER 7, 2022 7:00 PM I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:00 p.m. then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Anderson, Jackson, Pierce, Staunton, and Mayor Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS PRESENTED Member Anderson made a motion, seconded by Member Pierce, to approve the meeting agenda as presented. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. V. COMMUNITY COMMENT Roger Nunn, 5608 Code Avenue South, spoke about the Melody A/B/Birchcrest reconstruction project area and incomplete landscaping and asked when the project would be completed. He shared concerns about lack of backfill to contour and grade and lack of communication regarding the timeline. He spoke about how residents had to do their own irrigation repair because the City was not doing a sufficient job, requested reimbursement, then spoke about impacts on property values. Ruth Metzger, 5600 Dale Avenue, asked when the Melody A/B/Birchcrest reconstruction project area would be completed then outlined several specific areas of concern that included sidewalk completion and the railway, trucks navigating the area, damaged red bud tree, and assessments being due before the project was complete. Benett Guimo, 4845 Abbott Avenue South, thanked the Council for listening to the public’s concerns this evening. Director of Engineering Millner responded to concerns raised regarding the Melody A/B/Birchcrest reconstruction project. He apologized for the contractor’s performance to date and outlined work to complete the restoration, which included specific staff oversight until completion. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal shared an update from the Community Comments from the last meeting. VI. CONSENT AGENDA ADOPTED AS AMENDED Member Staunton made a motion, seconded by Member Jackson, approving the consent agenda as amended, removing Item VI.M, Water Bill Credit for Street Reconstruction Projects Melody Lake, Creek Knoll and 58th Street: VI.A. Approve Minutes of the Work Session and Regular Meeting of August 16, 2022 VI.B. Approve Claims for Payment for Check Register Pre-List Dated August 12, 2022, totaling $1,560,125.95; Pre-List Dated August 12, 2022, totaling $10,938.65; Pre-List Minutes/Edina City Council/September 7, 2022 Page 2 Dated August 19, 2022, totaling $861,000.96; and Pre-List Dated August 26, 2022, totaling $2,310,592.00 VI.C. Approve Grant Agreement JSG Company, LLC VI.D. Approve Public Health Emergency Preparedness Agreement with City of Bloomington VI.E. Adopt Ordinance No. 2022-09; Amending Chapters 10 and 20 of the Edina City Code Concerning Swimming Pool and Food Establishment Licensing VI.F. Request for Purchase, Countryside Park Athletic Field Fence Mesh Replacement, awarding the bid to the recommended low bidder, Bituminous Roadways, $80,000 VI.G. Request for Purchase, Countryside Park Tennis Court Replacement, awarding the bid to the recommended low bidder, Sterling Fence, $34,442 VI.H. Approve Lease Agreement with General Sports Corporation for Tenant Space at Braemar Arena VI.I. Approve Amendment to Overlay Requirements in Sustainable Buildings Policy VI.J. Request for Purchase, 50th and France District Area Traffic Study Related to E-Line BRT, awarding the bid to the recommended low bidder, TKDA, $26,500 VI.K. Request for Purchase, Change Order for Additional Engineering Services for Lift Station #3, awarding the bid to the recommended low bidder, Bolton Menk, $40,000 VI.L. Request for Purchase, Professional Services for Centennial Lakes Park Conditions Assessment, awarding the bid to the recommended low bidder, Kimley-Horn, $81,400 VI.M. Water Bill Credit for Street Reconstruction Projects Melody Lake, Creek Knoll and 58th Street VI.N. Approve Traffic Safety Report of July 26, 2022 VI.O. Adopt Resolution No. 2022-78; Setting Public Hearing Date for Special Assessment and Delinquent Utilities VI.P. Approve Summary Publication for Ordinance 2021-07; Amending Off-Street Parking Regulations Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: VI.M. WATER BILL CREDIT FOR STREET RECONSTRUCTION PROJECTS MELODY LAKE, CREEK KNOLL AND 58TH STREET – APPROVED The Council shared how the proposed water bill credit was not sufficient as the contractor had failed, which led to property owners having to restore their lawns. The Council indicated the amount of credit should be increased. Member Anderson made a motion, seconded by Member Pierce, to approve a $200 water bill credit for Street Reconstruction Projects Melody Lake, Creek Knoll, and 58th Street as presented per residential property unit. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. Mr. Neal stated staff would work on communication for this adopted water bill credit for affected property owners. VII. PUBLIC HEARINGS Affidavits of Notice presented and ordered placed on file. VII.A. RESOLUTION NO. 2022-79; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT 5304 WHITING AVENUE – CONTINUED TO SEPTEMBER 20, 2022 Director of Engineering Millner stated an application was received on August 1, 2022, requesting a utility easement be vacated at 5304 Whiting Avenue. He said there were no concerns with the vacation with the City and that staff recommended approval. Mayor Hovland opened the public hearing at 7:42 p.m. Minutes/Edina City Council/September 7, 2022 Page 3 Public Testimony No one addressed the Council. The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing at noon on September 12, 2022, and continue action on Resolution No. 2022-79 vacating public right-of-way easement, 5304 Whiting Avenue, to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VII.B. RESOLUTION NO. 2022-77 AND ORDINANCE NO. 2022-11; PRELIMINARY REZONING FROM PID PLANNED INDUSTRIAL DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT, AND SUBDIVISION AT 5146 EDEN AVENUE (FORMER PUBLIC WORKS SITE) – CONTINUED TO SEPTEMBER 20, 2022 Economic Development Manager Neuendorf shared past vision and planning for the Grandview District and stated United Properties and Jester Concepts were proposing to redevelop the 3.3-acre vacant old Public Works site at 5146 Eden Avenue. As proposed, at full build out, the site would include a 6-1/2-story, 86- unit senior cooperative project (owner occupied) with underground parking. He said the project would include ten percent of the units for affordable housing (9 units); a two-story, 13,500 square foot 347 seat restaurant with 31 surface parking stalls, and additional parking would rely on the public Jerry’s parking ramp to the west. He outlined the 31,643-square foot green space/public plaza area with pedestrian walkways to the pedestrian bridge, now under construction, that would connect the Jerry’s parking ramp and that Phase 1 of the project would be the senior housing development, Phase 2 would be the restaurant site, followed by the park. Mr. Neuendorf said the Phase 2 portion of the project would require future site and building plan review and approval of the Planning Commission and City Council. Community Development Director Teague shared the proposed zoning and request for the project in detail zoned PI, guided as Mixed-Use Center, with density allowed up to 100 units per acre and anticipated public use of some type. He shared about the reduced number of parking stalls for senior housing, recessed and articulated faces, balconies, and other elements, then said the project would not exceed the height of the existing Jerry’s tower. He said staff believed the project met the proposed zoning code, would meet the goals of affordable housing, recommended approval, then noted the Planning Commission opposed approval as they wanted more public buildings on the site. Terry Minarik, Confluence, said the phases would help create districts in the Grandview area which was at the heart of the community and provide space to gather, socialize, and hold events. He said they were fortunate to have the restaurant in place then outlined grade changes and park use that would include art, music, crafts, sledding, and movies. Brent Fredrick, Jester Concepts, shared the proposed restaurant plan for the site that would include an outdoor hearth area for food service that would help activate the space and other elements. Brian Larson, Pope Design, shared about the proposed senior co-op housing which was the first new senior housing project for many years and included parking level access from Eden, five levels of housing, smaller setbacks, indented stairs and terracing for articulation. He shared elevations then spoke about guest parking and materials of precast stone in varying colors. Mayor Hovland opened the public hearing at 8:30 p.m. Public Testimony Marilyn Listvan, 5509 Highland Road, addressed the Council. Minutes/Edina City Council/September 7, 2022 Page 4 The Council asked questions and provided feedback. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing at noon on September 12, 2022, and continue action on Resolution No. 2022-77 Approving Preliminary Development Plan and Preliminary Rezoning from PID, Planned Industrial District to PUD-24 Planned Unit Development – 24 and Subdivision/Replat at 5146 Eden Avenue and hold first reading Ordinance No. 2022-11 Amending the Zoning Ordinance to add PUD-24 Planned Unit Development-24 at 5146 Eden Avenue, to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII. REPORTS AND RECOMMENDATIONS VIII.A. RESOLUTION NO. 2022-80 ACCEPTING DONATIONS - ADOPTED Member Jackson introduced and moved adoption of Resolution No. 2022-80 accepting donations. Member Pierce seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.B. RESOLUTION 2022-74; APPROVING RIGHT-OF-WAY EASEMENT VACATION AT 7001 FRANCE AVENUE – ADOPTED Mr. Millner said an application was received on July 12, 2022, requesting that a portion of the right-of-way easement of 7001 France Avenue be vacated and no public comments were received in relation to the easement vacation. The Council asked questions and provided feedback. Member Staunton introduced and moved adoption of Resolution No. 2022-74; vacating public right-of-way easement, 7001 France Avenue. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.C. ORDINANCE NO. 2022-08 – FIRST READING GRANTED – AND RESOLUTION 2022-73; APPROVING PRELIMINARY REZONING AND PRELIMINARY DEVELOPMENT PLAN FOR SOLHEM COMPANIES AT 4600 AND 4620 77TH STREET WEST – ADOPTED Mr. Teague said Council was asked to consider a proposal to redevelop 4600 77th Street West, which was part of the Pentagon Park office development. Solhem Development was proposing to tear down one of the existing office buildings at 4600 and 4620 77th Street and construct a 7-story, 276-unit apartment with a small main level café (1,500 square feet). Twenty-eight (28) units would be included in the project to meet the City’s affordable housing policy. The plan featured a new entrance to Fred Richards Park from 77th Street and would be an expansion of the residential development project under construction to the west, which was a 408-unit Housing Development zoned PUD-23. Mr. Teague noted no comments were received on Better Together and that staff recommended approval. Jason Lord, Solheim Companies, spoke about improving flood storage areas and how they pulled the building back from the wetland boundary and created a covered amenity area. The Council asked questions and provided feedback. Minutes/Edina City Council/September 7, 2022 Page 5 Member Pierce made a motion to grant First Reading to Ordinance No. 2022-08 amending PUD-23, Planned Unit Development-23, to Expand the District adding 4600 77th Street West and to introduce and adopt Resolution No. 2022-73 Approving Preliminary Development Plan and Preliminary Rezoning From Mdd-6, Mixed Development District-6 to PUD-23, Planned Unit Development – 23, at 4600 & 4620 77th Street West. Member Jackson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.D. ORDINANCE NO. 2022-10 AMENDING CHAPTERS 10 AND 24 CONCERNING RESIDENTIAL TREE PROTECTION – FIRST READING GRANTED John Haugen, Energy and Environment Commissioner, shared the proposed amendments to the tree protection ordinance in detail that included the revision proposal process and how the Commission consulted with the Transportation and Planning Commissions, staff, and seven other cities. He reviewed the current state of the ordinance from 2014 that did not protect the tree canopy very well and lacked numerous provisions that included enforcement. He said the goal was to maintain a canopy of healthy, mature trees and that the amendments added a Heritage status, removed exemptions, and retained flexibility with developers. He said staff recommended approval of the proposed ordinance without Sec 24-4, Boulevard Tree Removal. Sustainability Manager Hancock spoke about the annual redevelopment training offered for residential developers where the ordinance would be incorporated into the curriculum. The Council asked questions and provided feedback. Member Pierce made a motion to grant First Reading to Ordinance No. 2022-10 amending Chapters 10 and 24 of the Edina City Code as amended in Section 24-4, Boulevard Tree Removal. Member Staunton seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.E. SUMMARY PUBLICATION FOR ORDINANCE NO. 2022-10 AMENDING CHAPTERS 10 AND 24 CONCERNING RESIDENTIAL TREE PROTECTION – TABLED TO SEPTEMBER 20, 2022 Member Jackson made a motion, seconded by Member Pierce, to table consideration of summary publication for Ordinance 2022-10 amending Chapters 10 and 24 of the Edina City Code concerning tree protection to the September 20, 2022, City Council meeting. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.F. ORDINANCE NO. 2022-12 ESTABLISHING LICENSING AND REGULATORY SYSTEM FOR THC-INFUSED EDIBLES AND DRINKS – FIRST READING GRANTED Mr. Neal said if adopted by the City Council, Ordinance 2022-12 would establish a municipal licensing and regulatory system for THC-infused edibles and drinks. Ordinance 2022-12 was prepared by the City Attorney and vetted by the City’s licensing, public safety and public health compliance staffs. The ordinance was modeled after the City’s regulatory enforcement code provisions and practices already used to regulate tobacco. He said the approach to use tobacco control as the model for these new licensed products was becoming the most common approach among comparable cities and that staff recommended approval of the ordinance on first reading. The Council asked questions and provided feedback. Minutes/Edina City Council/September 7, 2022 Page 6 Member Staunton made a motion to grant First Reading to Ordinance No. 2022-12 establishing a municipal licensing and regulatory system for THC-infused edibles and drinks as amended in Section 12-558, Penalties. Member Anderson seconded the motion. Rollcall: Ayes: Anderson, Jackson, Pierce, Staunton, and Hovland. Motion carried. VIII.G. RESOLUTION NO. 2022-72; SITE PLAN REVIEW WITH MULTIPLE VARIANCES FOR 4404 VALLEY VIEW ROAD – ADOPTED Mr. Teague said City Homes was requesting a site plan review with multiple variances to develop the vacant site at 4404 Valley View Road. This site was part of the Edina Flats project and was to have a two-story, four (4) unit condominium built on it. Multiple variances were approved as part of that project and the applicant was proposing to revise the original plans and develop the site with two (2) two-unit row houses. He said the request would require a revised site plan and variances that included structure setback variance from 35 feet to 20 feet on Oaklawn; structure setback variance from 25 to 10 feet on Valley View Road; structure setback variances from 25 to 7 and 5 feet from the side lot lines; and building materials variance to allow hardi-board siding rather than brick on the street facing elevations and not have 75% transparency at ground level. The Council asked questions and provided feedback. Rebecca Remick, City Homes, spoke about the financial viability of this project if it were to be changed from three units instead of four. Member Jackson introduced and moved adoption of Resolution No. 2022-72 approving a site plan with multiple variances at 4404 Valley View Road. Member Pierce seconded the motion. Rollcall: Ayes: Jackson, Pierce, Staunton, and Hovland. Nays: Anderson Motion carried. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) - Received IX.A. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, JULY 14, 2022 IX.B. MINUTES: TRANSPORTATION COMMISSION, JUNE 16 AND JULY 21, 2022 IX.C. MINUTES: COMMUNITY HEALTH COMMISSION, APRIL 11 AND JUNE 13, 2022 IX.D. MINUTES: HUMAN RIGHTS AND RELATIONS COMMISSION JUNE 28 AND JULY 26, 2022 IX.E. ADVISORY COMMUNICATION; ROSLAND PARK PEDESTRIAN BRIDGE IX.F. ADVISORY COMMUNICAITON; TRANSIT AVAILABILITY X. MANAGER’S COMMENTS – Received XI. MAYOR AND COUNCIL COMMENTS – Received XI.A. EDINA ART CENTER STATUS UPDATE XII. ADJOURNMENT Member Staunton made a motion, seconded by Member Pierce, to adjourn the meeting at 10:08 p.m. Ayes: Anderson, Pierce, Staunton, and Hovland. Motion carried. Respectfully submitted, Minutes/Edina City Council/September 7, 2022 Page 7 Noel Mills, Deputy City Clerk Minutes approved by Edina City Council, September 20, 2022. Kevin Staunton, Acting Mayor Video Copy of the September 7, 2022, meeting available. Date: September 20, 2022 Agenda Item #: VI.B. To:Mayor and City Council Item Type: Claims From:Alisha McAndrews, Finance Director Item Activity: Subject:Approve Payment of Claims Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve claims for payment: Check Register Claims Pre-List Dated 9.2.22 TOTAL $1,517,961.93 Check Register Claims Pre-List Dated 9.9.22 TOTAL $1,318,984.00 INTRODUCTION: Claims information for approval is attached. ATTACHMENTS: Description Check Register Claims Pre-List Dated 9.2.22 TOTAL $1,517,961.93 Check Register Claims Pre-List Dated 9.9.22 TOTAL $1,318,984.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 40 JOURNAL ENTRIES TO BE CREATED FUND SUB FUND DUE TO DUE FR 1000 General 90,941.522100 Police Special Revenue 88.952600 Housing & Redvlpmt Authority 1,635.182600 Housing & Redvlpmt Authority 35,873.322600 Housing & Redvlpmt Authority 273,277.394000 Capital Projects 53,989.084200 Equipment Replacement 51,583.004400 PIR Capital Projects 200,845.905100 Art Center 387.755200 Braemar Golf Course 10,739.755300 Aquatic Center 8,022.835400 Edinborough Park 13,541.755500 Braemar Arena 12,064.945700 Centennial Lakes 2,434.605800 Liquor 203,914.615900 Utility Fund 45,987.445900 Utility Fund 39,999.945900 Utility Fund 365,963.006000 Risk Management 5,764.756100 Equipment Operations 36,371.026200 Information Technology 33.526300 Facilities Management 893.067100 PS Training Facility 51,277.017200 MN Task Force 1 12,331.629999 Pooled Cash Fund 1,517,961.93 TOTAL 1,517,961.93 1,517,961.93 ** END OF REPORT - Generated by Shirleng Tan Geil ** City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 1 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475840 09/02/2022 PRTD 101304 ABM EQUIPMENT & SUPPLY 0171669-IN 08/03/2022 20220902 977.35 CHECK 475840 TOTAL: 977.35 475841 09/02/2022 PRTD 135922 ACUSHNET COMPANY 913930514 08/08/2022 20220902 167.39 ACUSHNET COMPANY 913947650 08/10/2022 20220902 167.78 ACUSHNET COMPANY 913956214 08/11/2022 20220902 107.23 ACUSHNET COMPANY 913982375 08/16/2022 20220902 1,098.11 CHECK 475841 TOTAL: 1,540.51 475842 09/02/2022 PRTD 143557 ADIDAS AMERICA INC 6157238937 07/12/2022 20220902 775.30 CHECK 475842 TOTAL: 775.30 475843 09/02/2022 PRTD 130792 AIRGAS NATIONAL CARBONATION 9128538127 08/02/2022 20220902 497.95 CHECK 475843 TOTAL: 497.95 475844 09/02/2022 PRTD 120796 ALERUS RETIREMENT AND BENEFITS C128722 08/05/2022 20220902 186.00 CHECK 475844 TOTAL: 186.00 475845 09/02/2022 PRTD 160095 AM CRAFT SPIRITS SALES & MARKETIN 15201 08/17/2022 20220902 63.59 AM CRAFT SPIRITS SALES & MARKETIN 15200 08/16/2022 20220902 126.09 CHECK 475845 TOTAL: 189.68 475846 09/02/2022 PRTD 141960 AMAZON CAPITAL SERVICES 1XXH-6X6P-F49L 08/02/2022 20220902 17.99 AMAZON CAPITAL SERVICES 1XXH-6X6P-FT1C 08/02/2022 20220902 299.36 AMAZON CAPITAL SERVICES 19DK-4KX9-14V7 08/02/2022 20220902 9.49 AMAZON CAPITAL SERVICES 1QWQ-9TXY-11LN 08/02/2022 20220902 45.82 AMAZON CAPITAL SERVICES 1JH6-9XHW-3LRG 08/02/2022 20220902 62.36 AMAZON CAPITAL SERVICES 1LC7-NLWH-4RJX 08/03/2022 20220902 7.99 AMAZON CAPITAL SERVICES 174R-11PV-93M3 08/03/2022 20220902 76.48 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 2 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET AMAZON CAPITAL SERVICES 1Y67-9M43-7JWV 08/03/2022 20220902 28.99 AMAZON CAPITAL SERVICES 1J3L-9414-9DHT 08/03/2022 20220902 117.00 AMAZON CAPITAL SERVICES 1QFM-JKTX-C774 08/03/2022 20220902 49.95 AMAZON CAPITAL SERVICES 1VKW-KQ7F-DHG4 08/03/2022 20220902 50.00 AMAZON CAPITAL SERVICES 1XWK-VC1J-DJ3C 08/03/2022 20220902 39.99 AMAZON CAPITAL SERVICES 167V-17L1-FM6X 08/03/2022 20220902 33.52 AMAZON CAPITAL SERVICES 1WN7-HTWD-GW47 08/04/2022 20220902 38.67 AMAZON CAPITAL SERVICES 134M-KXMM-HFJG 08/04/2022 20220902 114.55 AMAZON CAPITAL SERVICES 1LWW-VKY1-LP6M 08/04/2022 20220902 7.99 AMAZON CAPITAL SERVICES 199X-64P1-MJNT 08/04/2022 20220902 15.99 AMAZON CAPITAL SERVICES 1LNN-TDDN-1NQF 08/04/2022 20220902 5.99 AMAZON CAPITAL SERVICES 19MM-1R3F-1P7V 08/04/2022 20220902 436.52 AMAZON CAPITAL SERVICES 1KVQ-3T1X-C7XR 08/05/2022 20220902 149.99 AMAZON CAPITAL SERVICES 1GVH-LJMJ-DR7M 08/05/2022 20220902 65.31 AMAZON CAPITAL SERVICES 1FH1-KLKN-LM7L 08/06/2022 20220902 16.62 AMAZON CAPITAL SERVICES 1FH1-KLKN-NLCC 08/07/2022 20220902 55.68 AMAZON CAPITAL SERVICES 1W97-P63F-QFQG 08/07/2022 20220902 11.99 AMAZON CAPITAL SERVICES 19T1-YRFM-1C9L 08/08/2022 20220902 32.45 AMAZON CAPITAL SERVICES 1FFW-C9G6-1Y1M 08/08/2022 20220902 -65.31 AMAZON CAPITAL SERVICES 1RMW-Q3JM-JHH1 08/13/2022 20220902 -70.00 AMAZON CAPITAL SERVICES 13TV-67RT-GDV1 08/19/2022 20220902 -49.95 AMAZON CAPITAL SERVICES 1K1L-LYJV-DTKQ 08/25/2022 20220902 -10.94 CHECK 475846 TOTAL: 1,594.49 475847 09/02/2022 PRTD 151441 ARAMARK UNIFORM AND CAREER APPEAL 2500066137 08/03/2022 20220902 246.43 ARAMARK UNIFORM AND CAREER APPEAL 2500068605 08/08/2022 20220902 192.39 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 3 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475847 TOTAL: 438.82 475848 09/02/2022 PRTD 151756 ARBEITER BREWING COMPANY LLC 766 08/04/2022 20220902 84.00 CHECK 475848 TOTAL: 84.00 475849 09/02/2022 PRTD 101718 IEH AUTO PARTS LLC 380117046 08/02/2022 20220902 12.87 IEH AUTO PARTS LLC 380117362 08/03/2022 20220902 35.64 CHECK 475849 TOTAL: 48.51 475850 09/02/2022 PRTD 101355 BELLBOY CORPORATION 0095944300 08/04/2022 20220902 178.30 BELLBOY CORPORATION 0095986700 08/04/2022 20220902 1,846.85 BELLBOY CORPORATION 0105579500 08/11/2022 20220902 28.12 BELLBOY CORPORATION 0096048500 08/11/2022 20220902 2,265.13 BELLBOY CORPORATION 0096093100 08/11/2022 20220902 752.30 BELLBOY CORPORATION 0105586200 08/11/2022 20220902 230.05 BELLBOY CORPORATION 0096081900 08/11/2022 20220902 1,833.33 BELLBOY CORPORATION 0096063400 08/11/2022 20220902 179.30 BELLBOY CORPORATION 0096081800 08/11/2022 20220902 2,993.14 BELLBOY CORPORATION 0105592900 08/11/2022 20220902 306.25 BELLBOY CORPORATION 0096063500 08/11/2022 20220902 402.60 CHECK 475850 TOTAL: 11,015.37 475851 09/02/2022 PRTD 144783 BELYN KEY LLC 19667 08/03/2022 20220902 2,138.00 CHECK 475851 TOTAL: 2,138.00 475852 09/02/2022 PRTD 131191 BERNATELLO'S PIZZA INC 5086655 08/03/2022 20220902 312.00 BERNATELLO'S PIZZA INC 98511176 08/05/2022 20220902 780.00 CHECK 475852 TOTAL: 1,092.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 4 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475853 09/02/2022 PRTD 141961 MIDAMERICAN ENERGY SERVICES LLC 11517196 07/29/2022 20220902 6,120.18 MIDAMERICAN ENERGY SERVICES LLC 11539016 07/25/2022 20220902 6,044.52 CHECK 475853 TOTAL: 12,164.70 475854 09/02/2022 PRTD 142153 BLACK STACK BREWING INC 18692 08/04/2022 20220902 687.00 BLACK STACK BREWING INC 18789 08/11/2022 20220902 342.00 BLACK STACK BREWING INC 18788 08/11/2022 20220902 342.00 BLACK STACK BREWING INC 18790 08/11/2022 20220902 468.00 CHECK 475854 TOTAL: 1,839.00 475855 09/02/2022 PRTD 101010 BORDER STATES INDUSTRIES INC 924689596 08/03/2022 20220902 1,760.46 CHECK 475855 TOTAL: 1,760.46 475856 09/02/2022 PRTD 105367 BOUND TREE MEDICAL LLC 84621508 07/29/2022 20220902 407.14 BOUND TREE MEDICAL LLC 84624696 08/02/2022 20220902 595.96 BOUND TREE MEDICAL LLC 64797225 07/07/2022 20220902 23.46 CHECK 475856 TOTAL: 1,026.56 475857 09/02/2022 PRTD 119351 BOURGET IMPORTS 189343 08/16/2022 20220902 137.75 BOURGET IMPORTS 189345 08/16/2022 20220902 1,041.52 BOURGET IMPORTS 189342 08/16/2022 20220902 762.50 CHECK 475857 TOTAL: 1,941.77 475858 09/02/2022 PRTD 117040 BOYER FORD TRUCKS INC 008P13031 08/02/2022 20220902 98.08 BOYER FORD TRUCKS INC 008P13091 08/03/2022 20220902 7.50 BOYER FORD TRUCKS INC 005S8087 08/08/2022 20220902 1,988.19 CHECK 475858 TOTAL: 2,093.77 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 5 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475859 09/02/2022 PRTD 125155 BRAUN, MICHAEL 3127 08/02/2022 20220902 607.50 CHECK 475859 TOTAL: 607.50 475860 09/02/2022 PRTD 124291 BREAKTHRU BEVERAGE MINNESOTA WINE 345216933 08/11/2022 20220902 311.87 BREAKTHRU BEVERAGE MINNESOTA WINE 345259511 08/12/2022 20220902 1,644.40 BREAKTHRU BEVERAGE MINNESOTA WINE 345304003 08/17/2022 20220902 1,938.93 BREAKTHRU BEVERAGE MINNESOTA WINE 345304002 08/17/2022 20220902 1,230.65 BREAKTHRU BEVERAGE MINNESOTA WINE 345304001 08/17/2022 20220902 140.55 BREAKTHRU BEVERAGE MINNESOTA WINE 345304000 08/17/2022 20220902 1,613.90 BREAKTHRU BEVERAGE MINNESOTA WINE 345303997 08/17/2022 20220902 70.83 BREAKTHRU BEVERAGE MINNESOTA WINE 345303999 08/17/2022 20220902 363.25 BREAKTHRU BEVERAGE MINNESOTA WINE 345303998 08/17/2022 20220902 2,089.74 BREAKTHRU BEVERAGE MINNESOTA WINE 345303979 08/17/2022 20220902 2,196.00 BREAKTHRU BEVERAGE MINNESOTA WINE 345303977 08/17/2022 20220902 3,802.56 BREAKTHRU BEVERAGE MINNESOTA WINE 345303978 08/17/2022 20220902 65.39 CHECK 475860 TOTAL: 15,468.07 475861 09/02/2022 PRTD 124529 BREAKTHRU BEVERAGE MINNESOTA BEER 345201150 08/09/2022 20220902 15,142.15 BREAKTHRU BEVERAGE MINNESOTA BEER 345286513 08/16/2022 20220902 385.25 BREAKTHRU BEVERAGE MINNESOTA BEER 345286514 08/16/2022 20220902 205.15 BREAKTHRU BEVERAGE MINNESOTA BEER 345286579 08/16/2022 20220902 445.00 BREAKTHRU BEVERAGE MINNESOTA BEER 345286623 08/16/2022 20220902 343.00 BREAKTHRU BEVERAGE MINNESOTA BEER 345286578 08/16/2022 20220902 101.55 BREAKTHRU BEVERAGE MINNESOTA BEER 345286577 08/16/2022 20220902 135.40 CHECK 475861 TOTAL: 16,757.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 6 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475862 09/02/2022 PRTD 100648 BERTELSON BROTHERS INC WO-1198394-1 08/02/2022 20220902 14.22 BERTELSON BROTHERS INC WO-1198726-1 08/04/2022 20220902 13.96 BERTELSON BROTHERS INC WO-1199175-1 08/05/2022 20220902 247.02 BERTELSON BROTHERS INC WO-1198726-2 08/05/2022 20220902 23.60 CHECK 475862 TOTAL: 298.80 475863 09/02/2022 PRTD 102149 CALLAWAY GOLF 934829508 05/10/2022 20220902 317.70 CHECK 475863 TOTAL: 317.70 475864 09/02/2022 PRTD 120935 CAMPBELL KNUTSON PA 07-2022-2851 07/31/2022 20220902 14,184.63 CHECK 475864 TOTAL: 14,184.63 475865 09/02/2022 PRTD 119455 CAPITOL BEVERAGE SALES LP 2725394 08/16/2022 20220902 1,152.00 CAPITOL BEVERAGE SALES LP 2725393 08/16/2022 20220902 14.00 CAPITOL BEVERAGE SALES LP 2725395 08/16/2022 20220902 2,709.75 CAPITOL BEVERAGE SALES LP 2724948 08/12/2022 20220902 945.75 CAPITOL BEVERAGE SALES LP 2724952 08/12/2022 20220902 1,188.00 CAPITOL BEVERAGE SALES LP 2724953 08/12/2022 20220902 14.00 CAPITOL BEVERAGE SALES LP 2724949 08/12/2022 20220902 1,188.00 CAPITOL BEVERAGE SALES LP 2724950 08/12/2022 20220902 14.00 CAPITOL BEVERAGE SALES LP 2724951 08/12/2022 20220902 2,422.00 CHECK 475865 TOTAL: 9,647.50 475866 09/02/2022 PRTD 135341 CARCIOFINI COMPANY 36598 07/26/2022 20220902 455.00 CHECK 475866 TOTAL: 455.00 475867 09/02/2022 PRTD 101515 CEMSTONE PRODUCTS COMPANY C2544396 08/02/2022 20220902 986.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 7 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475867 TOTAL: 986.50 475868 09/02/2022 PRTD 142028 CINTAS CORPORATION 4127597228 08/08/2022 20220902 67.47 CINTAS CORPORATION 4127596531 08/08/2022 20220902 49.01 CINTAS CORPORATION 4127596469 08/08/2022 20220902 17.87 CINTAS CORPORATION 4127597187 08/08/2022 20220902 16.32 CINTAS CORPORATION 4127596467 08/08/2022 20220902 33.63 CINTAS CORPORATION 4127596525 08/08/2022 20220902 26.88 CINTAS CORPORATION 4127597207 08/08/2022 20220902 30.00 CINTAS CORPORATION 4127597203 08/08/2022 20220902 98.32 CINTAS CORPORATION 4127596515 08/08/2022 20220902 11.78 CHECK 475868 TOTAL: 351.28 475869 09/02/2022 PRTD 139927 CITY OF ROCHESTER MN ROCHESTER-08/2022-1 08/05/2022 20220902 5,616.00 CHECK 475869 TOTAL: 5,616.00 475870 09/02/2022 PRTD 139927 CITY OF ROCHESTER MN ROCHESTER-08/2022-2 08/05/2022 20220902 614.22 CHECK 475870 TOTAL: 614.22 475871 09/02/2022 PRTD 139927 CITY OF ROCHESTER MN ROCHESTER-08/2022-3 08/05/2022 20220902 483.54 CHECK 475871 TOTAL: 483.54 475872 09/02/2022 PRTD 139927 CITY OF ROCHESTER MN ROCHESTER-08/2022-4 08/05/2022 20220902 733.99 CHECK 475872 TOTAL: 733.99 475873 09/02/2022 PRTD 145926 CLEARWATER ANALYTICS LLC 539042 08/05/2022 20220902 849.32 CHECK 475873 TOTAL: 849.32 475874 09/02/2022 PRTD 126726 COBRA PUMA GOLF G2978766 06/13/2022 20220902 410.61 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 8 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475874 TOTAL: 410.61 475875 09/02/2022 PRTD 120433 COMCAST 0740105-08/22 08/18/2022 20220902 76.97 CHECK 475875 TOTAL: 76.97 475876 09/02/2022 PRTD 144092 CONCENTRA 103614562 08/03/2022 20220902 134.00 CONCENTRA 103619187 08/08/2022 20220902 984.00 CHECK 475876 TOTAL: 1,118.00 475877 09/02/2022 PRTD 101403 CRYSTEEL MANUFACTURING INC LC00078451 08/03/2022 20220902 6,595.00 CHECK 475877 TOTAL: 6,595.00 475878 09/02/2022 PRTD 101951 CUSTOM REFRIGERATION INC 0000055026 08/08/2022 20220902 360.20 CHECK 475878 TOTAL: 360.20 475879 09/02/2022 PRTD 160487 CUSTOM TRUCK ONE SOURCE 2022007044198 08/03/2022 20220902 35.00 CUSTOM TRUCK ONE SOURCE 2022007043919 08/02/2022 20220902 287.50 CHECK 475879 TOTAL: 322.50 475880 09/02/2022 PRTD 104020 DALCO ENTERPRISES INC 3966581 08/02/2022 20220902 614.72 DALCO ENTERPRISES INC 3967585 08/04/2022 20220902 283.25 CHECK 475880 TOTAL: 897.97 475881 09/02/2022 PRTD 129718 DREW'S CONCESSIONS LLC 2838 08/02/2022 20220902 1,678.50 DREW'S CONCESSIONS LLC 2839 08/02/2022 20220902 796.00 DREW'S CONCESSIONS LLC 2840 08/02/2022 20220902 199.00 CHECK 475881 TOTAL: 2,673.50 475882 09/02/2022 PRTD 132810 ECM PUBLISHERS INC 905230 08/04/2022 20220902 83.30 ECM PUBLISHERS INC 905231 08/04/2022 20220902 83.30 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 9 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ECM PUBLISHERS INC 905232 08/04/2022 20220902 264.60 ECM PUBLISHERS INC 905233 08/04/2022 20220902 83.30 CHECK 475882 TOTAL: 514.50 475883 09/02/2022 PRTD 160490 EDELWEISS DESIGN INC 2022-055 08/08/2022 20220902 2,324.45 CHECK 475883 TOTAL: 2,324.45 475884 09/02/2022 PRTD 142458 EDINA MARKET STREET LLC TIF Payment 4/25/22 08/22/2022 20220902 273,277.39 CHECK 475884 TOTAL: 273,277.39 475885 09/02/2022 PRTD 102179 EULL'S MANUFACTURING COMPANY INC 056191 07/01/2022 20220902 248.75 EULL'S MANUFACTURING COMPANY INC 056240 07/05/2022 20220902 753.20 CHECK 475885 TOTAL: 1,001.95 475886 09/02/2022 PRTD 148012 EVEREST EMERGENCY VEHICLES INC P06232 08/03/2022 20220902 11.88 CHECK 475886 TOTAL: 11.88 475887 09/02/2022 PRTD 100146 ELLIOTT AUTO SUPPLY CO, INC 69-458246 08/02/2022 20220902 22.87 ELLIOTT AUTO SUPPLY CO, INC 69-458258 08/02/2022 20220902 8.70 ELLIOTT AUTO SUPPLY CO, INC 1-7853169 08/04/2022 20220902 169.20 ELLIOTT AUTO SUPPLY CO, INC 69-458398 08/03/2022 20220902 99.78 ELLIOTT AUTO SUPPLY CO, INC 1-7865708 08/08/2022 20220902 312.92 CHECK 475887 TOTAL: 613.47 475888 09/02/2022 PRTD 147181 FALLING BREWERY - BERGMAN LEDGE L E-7334 08/10/2022 20220902 366.00 FALLING BREWERY - BERGMAN LEDGE L E-7427 08/17/2022 20220902 201.00 FALLING BREWERY - BERGMAN LEDGE L E-7434 08/17/2022 20220902 201.00 FALLING BREWERY - BERGMAN LEDGE L E-7431 08/17/2022 20220902 201.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 10 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475888 TOTAL: 969.00 475889 09/02/2022 PRTD 116492 BRIDGETOWER OPCO, LLC 745494791 08/03/2022 20220902 149.32 BRIDGETOWER OPCO, LLC 745499552 08/08/2022 20220902 156.58 BRIDGETOWER OPCO, LLC 745499559 08/08/2022 20220902 112.99 CHECK 475889 TOTAL: 418.89 475890 09/02/2022 PRTD 141837 DAIOHS USA INC 623178 08/02/2022 20220902 766.90 CHECK 475890 TOTAL: 766.90 475891 09/02/2022 PRTD 140153 NORTHWOODS FORD EDINA 22-101 08/09/2022 22200024 20220902 51,583.00 CHECK 475891 TOTAL: 51,583.00 475892 09/02/2022 PRTD 160348 FUTRELL FIRE CONSULT & DESIGN INC 24520 08/04/2022 20220902 2,484.50 CHECK 475892 TOTAL: 2,484.50 475893 09/02/2022 PRTD 102456 GALLS PARENT HOLDINGS LLC BC1677469 08/02/2022 20220902 6.59 GALLS PARENT HOLDINGS LLC BC1677229 08/02/2022 20220902 211.58 GALLS PARENT HOLDINGS LLC BC1680126 08/05/2022 20220902 438.40 CHECK 475893 TOTAL: 656.57 475894 09/02/2022 PRTD 101931 HANESBRANDS INC 41933989 08/02/2022 20220902 623.60 CHECK 475894 TOTAL: 623.60 475895 09/02/2022 PRTD 116190 GLOBAL EQUIPMENT COMPANY INC. 119431218 08/02/2022 20220902 1,961.00 CHECK 475895 TOTAL: 1,961.00 475896 09/02/2022 PRTD 146181 GMH ASPHALT CORPORATION ENG 22-3 #3 08/05/2022 20220902 556,054.18 CHECK 475896 TOTAL: 556,054.18 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 11 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475897 09/02/2022 PRTD 160477 GOOSE CREW LLC 1010 07/07/2022 20220902 9,015.00 CHECK 475897 TOTAL: 9,015.00 475898 09/02/2022 PRTD 101103 WW GRAINGER 9399331462 08/03/2022 20220902 19.68 WW GRAINGER 9399047571 08/03/2022 20220902 62.14 CHECK 475898 TOTAL: 81.82 475899 09/02/2022 PRTD 144412 WINEBOW MN00116864 08/04/2022 20220902 2,254.44 WINEBOW MN00117382 08/16/2022 20220902 504.48 WINEBOW MN00117240 08/12/2022 20220902 1,677.38 WINEBOW MN00117248 08/11/2022 20220902 694.58 WINEBOW MN00117251 08/11/2022 20220902 372.64 WINEBOW MN00117423 08/16/2022 20220902 370.92 CHECK 475899 TOTAL: 5,874.44 475900 09/02/2022 PRTD 100790 HACH COMPANY 13176767 08/03/2022 20220902 285.48 CHECK 475900 TOTAL: 285.48 475901 09/02/2022 PRTD 103085 HENNEPIN COUNTY ACCOUNTING SERVIC 1000189745 08/03/2022 20220902 1,879.02 HENNEPIN COUNTY ACCOUNTING SERVIC 1000189700 08/02/2022 20220902 2,316.60 HENNEPIN COUNTY ACCOUNTING SERVIC 1000178866 01/01/2022 20220902 145.00 CHECK 475901 TOTAL: 4,340.62 475902 09/02/2022 PRTD 102079 HIGHVIEW PLUMBING INC 16593 08/05/2022 20220902 9,985.00 HIGHVIEW PLUMBING INC 16594 08/05/2022 20220902 12,955.00 CHECK 475902 TOTAL: 22,940.00 475903 09/02/2022 PRTD 104375 HOHENSTEINS INC 531951 08/16/2022 20220902 3,062.70 HOHENSTEINS INC 531952 08/16/2022 20220902 1,710.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 12 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET HOHENSTEINS INC 531949 08/16/2022 20220902 1,418.70 HOHENSTEINS INC 531939 08/16/2022 20220902 76.50 CHECK 475903 TOTAL: 6,268.40 475904 09/02/2022 PRTD 100417 HORIZON CHEMICAL CO INV23515 08/04/2022 20220902 2,723.06 CHECK 475904 TOTAL: 2,723.06 475905 09/02/2022 PRTD 100835 ARTISAN BEER COMPANY 3551979 08/04/2022 20220902 3,547.35 ARTISAN BEER COMPANY 339640 08/05/2022 20220902 -87.96 ARTISAN BEER COMPANY 3553349 08/11/2022 20220902 1,221.35 ARTISAN BEER COMPANY 3553351 08/11/2022 20220902 2,148.28 ARTISAN BEER COMPANY 3553352 08/11/2022 20220902 104.00 ARTISAN BEER COMPANY 3553350 08/11/2022 20220902 2,368.80 CHECK 475905 TOTAL: 9,301.82 475906 09/02/2022 PRTD 100835 PHILLIPS WINE & SPIRITS 6440948 08/04/2022 20220902 2,840.66 PHILLIPS WINE & SPIRITS 6440947 08/04/2022 20220902 2,188.65 PHILLIPS WINE & SPIRITS 6440949 08/04/2022 20220902 204.55 PHILLIPS WINE & SPIRITS 6444588 08/11/2022 20220902 1,760.19 PHILLIPS WINE & SPIRITS 6444589 08/11/2022 20220902 250.20 PHILLIPS WINE & SPIRITS 6444590 08/11/2022 20220902 49.35 PHILLIPS WINE & SPIRITS 6444591 08/11/2022 20220902 808.20 PHILLIPS WINE & SPIRITS 6444604 08/11/2022 20220902 162.70 PHILLIPS WINE & SPIRITS 6444603 08/11/2022 20220902 863.67 PHILLIPS WINE & SPIRITS 6444602 08/11/2022 20220902 1,405.50 PHILLIPS WINE & SPIRITS 6444601 08/11/2022 20220902 514.80 PHILLIPS WINE & SPIRITS 6444593 08/11/2022 20220902 275.40 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 13 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET PHILLIPS WINE & SPIRITS 656694 08/12/2022 20220902 -4.33 PHILLIPS WINE & SPIRITS 675505 08/05/2022 20220902 -63.35 PHILLIPS WINE & SPIRITS 6444592 08/11/2022 20220902 413.10 PHILLIPS WINE & SPIRITS 6444595 08/11/2022 20220902 1,713.74 PHILLIPS WINE & SPIRITS 6444597 08/11/2022 20220902 482.02 PHILLIPS WINE & SPIRITS 6444594 08/11/2022 20220902 4.05 PHILLIPS WINE & SPIRITS 6444596 08/11/2022 20220902 230.20 PHILLIPS WINE & SPIRITS 6444598 08/11/2022 20220902 2,167.51 CHECK 475906 TOTAL: 16,266.81 475907 09/02/2022 PRTD 100835 WINE MERCHANTS 7390362 08/04/2022 20220902 4,805.15 WINE MERCHANTS 745484 07/29/2022 20220902 -223.35 WINE MERCHANTS 745592 08/05/2022 20220902 -196.02 WINE MERCHANTS 7391223 08/11/2022 20220902 458.16 WINE MERCHANTS 7391222 08/11/2022 20220902 1,777.55 WINE MERCHANTS 7391226 08/11/2022 20220902 2,121.67 WINE MERCHANTS 7391224 08/11/2022 20220902 1,036.20 WINE MERCHANTS 7391225 08/11/2022 20220902 960.80 CHECK 475907 TOTAL: 10,740.16 475908 09/02/2022 PRTD 100835 JOHNSON BROTHERS LIQUOR CO 2108962 08/04/2022 20220902 1,806.85 JOHNSON BROTHERS LIQUOR CO 2108959 08/04/2022 20220902 1,021.60 JOHNSON BROTHERS LIQUOR CO 2108963 08/04/2022 20220902 1,458.90 JOHNSON BROTHERS LIQUOR CO 2108961 08/04/2022 20220902 593.16 JOHNSON BROTHERS LIQUOR CO 2108960 08/04/2022 20220902 593.55 JOHNSON BROTHERS LIQUOR CO 2108958 08/04/2022 20220902 682.28 JOHNSON BROTHERS LIQUOR CO 2108957 08/04/2022 20220902 1,661.77 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 14 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET JOHNSON BROTHERS LIQUOR CO 2113557 08/11/2022 20220902 624.92 JOHNSON BROTHERS LIQUOR CO 2113558 08/11/2022 20220902 1,480.49 JOHNSON BROTHERS LIQUOR CO 2113559 08/11/2022 20220902 750.40 JOHNSON BROTHERS LIQUOR CO 2113561 08/11/2022 20220902 242.70 JOHNSON BROTHERS LIQUOR CO 2113562 08/11/2022 20220902 390.75 JOHNSON BROTHERS LIQUOR CO 2113563 08/11/2022 20220902 803.20 JOHNSON BROTHERS LIQUOR CO 2113581 08/11/2022 20220902 55.35 JOHNSON BROTHERS LIQUOR CO 2113580 08/11/2022 20220902 754.84 JOHNSON BROTHERS LIQUOR CO 2113579 08/11/2022 20220902 1,776.65 JOHNSON BROTHERS LIQUOR CO 2113577 08/11/2022 20220902 1,104.64 JOHNSON BROTHERS LIQUOR CO 2113576 08/11/2022 20220902 38.35 JOHNSON BROTHERS LIQUOR CO 2113578 08/11/2022 20220902 1,770.62 JOHNSON BROTHERS LIQUOR CO 2113583 08/11/2022 20220902 2,198.18 JOHNSON BROTHERS LIQUOR CO 2113582 08/11/2022 20220902 544.10 JOHNSON BROTHERS LIQUOR CO 2113565 08/11/2022 20220902 2,651.72 JOHNSON BROTHERS LIQUOR CO 2113566 08/11/2022 20220902 1,418.74 JOHNSON BROTHERS LIQUOR CO 2113569 08/11/2022 20220902 3,106.90 JOHNSON BROTHERS LIQUOR CO 2113568 08/11/2022 20220902 2,608.35 JOHNSON BROTHERS LIQUOR CO 2113571 08/11/2022 20220902 783.92 JOHNSON BROTHERS LIQUOR CO 2113573 08/11/2022 20220902 1,369.34 JOHNSON BROTHERS LIQUOR CO 2113567 08/11/2022 20220902 2,857.90 JOHNSON BROTHERS LIQUOR CO 2113570 08/11/2022 20220902 836.22 JOHNSON BROTHERS LIQUOR CO 2113572 08/11/2022 20220902 413.50 JOHNSON BROTHERS LIQUOR CO 2113564 08/11/2022 20220902 1,711.06 JOHNSON BROTHERS LIQUOR CO 2113560 08/11/2022 20220902 105.35 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 15 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475908 TOTAL: 38,216.30 475909 09/02/2022 PRTD 145396 JUNKYARD BREWING COMPANY LLC 004529 08/11/2022 20220902 164.00 JUNKYARD BREWING COMPANY LLC 004558 08/17/2022 20220902 240.00 JUNKYARD BREWING COMPANY LLC 004557 08/17/2022 20220902 244.00 CHECK 475909 TOTAL: 648.00 475910 09/02/2022 PRTD 103409 KELBRO COMPANY 2794085 08/04/2022 20220902 150.40 KELBRO COMPANY 2798063 08/05/2022 20220902 61.00 KELBRO COMPANY 2795996 08/13/2022 20220902 68.30 KELBRO COMPANY 2796867 08/11/2022 20220902 71.05 KELBRO COMPANY 2796781 08/11/2022 20220902 121.30 KELBRO COMPANY 2796866 08/11/2022 20220902 104.20 KELBRO COMPANY 2795992 08/15/2022 20220902 68.40 KELBRO COMPANY 2795993 08/13/2022 20220902 224.40 CHECK 475910 TOTAL: 869.05 475911 09/02/2022 PRTD 160105 KILLMER ELECTRIC CO., INC. W18666 08/02/2022 20220902 637.50 CHECK 475911 TOTAL: 637.50 475912 09/02/2022 PRTD 124002 KIMLEY-HORN AND ASSOCIATES INC 22236624 07/31/2022 20220902 690.00 KIMLEY-HORN AND ASSOCIATES INC 22236625 07/31/2022 20220902 10,943.00 CHECK 475912 TOTAL: 11,633.00 475913 09/02/2022 PRTD 100944 KIWI KAI IMPORTS INC 174889 08/17/2022 20220902 737.00 KIWI KAI IMPORTS INC 174884R 08/16/2022 20220902 1,529.90 KIWI KAI IMPORTS INC 174887 08/16/2022 20220902 182.00 CHECK 475913 TOTAL: 2,448.90 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 16 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475914 09/02/2022 PRTD 119947 KRAEMER MINING & MATERIALS INC 303138 08/08/2022 20220902 302.16 CHECK 475914 TOTAL: 302.16 475915 09/02/2022 PRTD 151024 LA DONA SBC 5766 08/17/2022 20220902 80.00 CHECK 475915 TOTAL: 80.00 475916 09/02/2022 PRTD 101220 LANO EQUIPMENT INC 03-925200 07/12/2022 20220902 198.62 CHECK 475916 TOTAL: 198.62 475917 09/02/2022 PRTD 100852 LAWSON PRODUCTS INC 9309819193 08/08/2022 20220902 1,365.77 CHECK 475917 TOTAL: 1,365.77 475918 09/02/2022 PRTD 101552 LEAGUE OF MINNESOTA CITIES 19339 08/01/2022 20220902 1,040.28 LEAGUE OF MINNESOTA CITIES 19382 08/01/2022 20220902 3,311.97 CHECK 475918 TOTAL: 4,352.25 475919 09/02/2022 PRTD 101552 LEAGUE OF MINNESOTA CITIES 7308 06/08/2022 20220902 1,412.50 CHECK 475919 TOTAL: 1,412.50 475920 09/02/2022 PRTD 135867 LIBATION PROJECT 48419 08/16/2022 20220902 260.00 LIBATION PROJECT 48421 08/16/2022 20220902 106.00 LIBATION PROJECT 48420 08/16/2022 20220902 174.00 CHECK 475920 TOTAL: 540.00 475921 09/02/2022 PRTD 160043 LIFE SAFETY SYSTEMS INC. 49514 08/04/2022 20220902 4,500.00 LIFE SAFETY SYSTEMS INC. 49513 08/04/2022 20220902 5,000.00 LIFE SAFETY SYSTEMS INC. 49512 08/04/2022 20220902 5,000.00 CHECK 475921 TOTAL: 14,500.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 17 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475922 09/02/2022 PRTD 160486 LOCALITY MEDIA INC 2443 08/04/2022 20220902 1,500.00 CHECK 475922 TOTAL: 1,500.00 475923 09/02/2022 PRTD 101078 LUBE-TECH ESI 2978464 08/02/2022 20220902 2,852.79 CHECK 475923 TOTAL: 2,852.79 475924 09/02/2022 PRTD 146427 LUCID BREWING LLC 14347 08/17/2022 20220902 192.00 CHECK 475924 TOTAL: 192.00 475925 09/02/2022 PRTD 141916 LUPULIN BREWING COMPANY 46855 08/09/2022 20220902 346.30 CHECK 475925 TOTAL: 346.30 475926 09/02/2022 PRTD 100864 MACQUEEN EQUIPMENT LLC P03081 08/08/2022 20220902 1,093.10 CHECK 475926 TOTAL: 1,093.10 475927 09/02/2022 PRTD 134063 MANSFIELD OIL COMPANY 23486099 08/04/2022 20220902 16,803.77 CHECK 475927 TOTAL: 16,803.77 475928 09/02/2022 PRTD 100869 MARTIN-MCALLISTER CONSULTING PSYC 14743 07/31/2022 20220902 1,800.00 CHECK 475928 TOTAL: 1,800.00 475929 09/02/2022 PRTD 122554 MATHESON TRI-GAS INC 0026077591 07/31/2022 20220902 152.81 CHECK 475929 TOTAL: 152.81 475930 09/02/2022 PRTD 141215 MAVERICK WINE LLC INV822981 08/16/2022 20220902 233.46 MAVERICK WINE LLC INV822980 08/16/2022 20220902 401.50 MAVERICK WINE LLC INV822982 08/16/2022 20220902 647.02 MAVERICK WINE LLC INV822996 08/16/2022 20220902 1,224.04 CHECK 475930 TOTAL: 2,506.02 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 18 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475931 09/02/2022 PRTD 130477 MCDONALD DISTRIBUTING COMPANY 644209 08/04/2022 20220902 1,862.45 MCDONALD DISTRIBUTING COMPANY 645357 08/10/2022 20220902 247.25 MCDONALD DISTRIBUTING COMPANY 646420 08/17/2022 20220902 225.25 MCDONALD DISTRIBUTING COMPANY 646423 08/17/2022 20220902 146.75 MCDONALD DISTRIBUTING COMPANY 646424 08/17/2022 20220902 226.25 MCDONALD DISTRIBUTING COMPANY 646422 08/17/2022 20220902 876.75 CHECK 475931 TOTAL: 3,584.70 475932 09/02/2022 PRTD 102197 MINNESOTA CLERKS AND FINANCE OFFI ORIENTATION-08/2022 08/05/2022 20220902 40.00 CHECK 475932 TOTAL: 40.00 475933 09/02/2022 PRTD 160251 MCKESSON MEDICAL-SURGICAL 19655161 08/02/2022 20220902 41.18 CHECK 475933 TOTAL: 41.18 475934 09/02/2022 PRTD 101483 MENARDS 66260 08/02/2022 20220902 132.50 MENARDS 66255 08/02/2022 20220902 70.09 MENARDS 66334 08/03/2022 20220902 45.01 MENARDS 66406 08/04/2022 20220902 118.19 MENARDS 66417 08/04/2022 20220902 47.74 MENARDS 66423 08/04/2022 20220902 130.97 MENARDS 66494 08/05/2022 20220902 108.18 MENARDS 66477 08/05/2022 20220902 27.83 MENARDS 66630 08/08/2022 20220902 201.97 MENARDS 66622 08/08/2022 20220902 134.25 CHECK 475934 TOTAL: 1,016.73 475935 09/02/2022 PRTD 160435 METALS TREATMENT TECHNOLOGIES LLC 3055604 06/24/2022 20220902 5,950.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 19 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475935 TOTAL: 5,950.00 475936 09/02/2022 PRTD 102729 METROPOLITAN FORD LLC 528987 08/04/2022 20220902 118.96 METROPOLITAN FORD LLC 529021 08/08/2022 20220902 46.25 METROPOLITAN FORD LLC 528960 08/02/2022 20220902 240.98 CHECK 475936 TOTAL: 406.19 475937 09/02/2022 PRTD 138732 TRADITION WINE & SPIRITS LLC 32892 08/11/2022 20220902 1,403.00 CHECK 475937 TOTAL: 1,403.00 475938 09/02/2022 PRTD 145395 MILK AND HONEY LLC 10705 08/11/2022 20220902 196.00 CHECK 475938 TOTAL: 196.00 475939 09/02/2022 PRTD 100252 MINNESOTA HIGHWAY SAFETY AND RESE 337900-9336 06/03/2022 20220902 400.00 MINNESOTA HIGHWAY SAFETY AND RESE 337900-9531 08/29/2022 20220902 490.00 CHECK 475939 TOTAL: 890.00 475940 09/02/2022 PRTD 128914 BJKK DEVELOPMENT 33313 08/02/2022 20220902 146.00 BJKK DEVELOPMENT 33314 08/02/2022 20220902 671.00 CHECK 475940 TOTAL: 817.00 475941 09/02/2022 PRTD 140955 MODIST BREWING LLC E-33772 08/16/2022 20220902 265.00 MODIST BREWING LLC E-33770 08/16/2022 20220902 405.00 MODIST BREWING LLC E-33771 08/16/2022 20220902 322.00 CHECK 475941 TOTAL: 992.00 475942 09/02/2022 PRTD 101459 MINNESOTA RECREATION AND PARK ASS 2022 MRPA CONFERENCE08/17/2022 20220902 1,360.00 CHECK 475942 TOTAL: 1,360.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 20 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475943 09/02/2022 PRTD 100906 MTI DISTRIBUTING INC 1357605-00 08/02/2022 20220902 227.85 MTI DISTRIBUTING INC 1357674-00 08/02/2022 20220902 430.56 MTI DISTRIBUTING INC 1357613-00 08/02/2022 20220902 87.88 MTI DISTRIBUTING INC 1357543-00 08/02/2022 20220902 861.12 MTI DISTRIBUTING INC 1357820-00 08/03/2022 20220902 521.90 MTI DISTRIBUTING INC 1357785-00 08/03/2022 20220902 7.72 MTI DISTRIBUTING INC 1357620-00 08/03/2022 20220902 57.83 MTI DISTRIBUTING INC 1357792-00 08/03/2022 20220902 20.27 MTI DISTRIBUTING INC 1357784-00 08/03/2022 20220902 76.01 MTI DISTRIBUTING INC 1361208-00 08/24/2022 20220902 -400.50 CHECK 475943 TOTAL: 1,890.64 475944 09/02/2022 PRTD 100683 CHEMSEARCH 7893010 08/07/2022 20220902 815.59 CHECK 475944 TOTAL: 815.59 475945 09/02/2022 PRTD 100076 NEW FRANCE WINE CO 191642 08/17/2022 20220902 1,697.00 NEW FRANCE WINE CO 191631 08/17/2022 20220902 1,134.50 NEW FRANCE WINE CO 191636 08/17/2022 20220902 506.00 CHECK 475945 TOTAL: 3,337.50 475946 09/02/2022 PRTD 104350 NIKE USA INC 9655507800 07/12/2022 20220902 114.06 NIKE USA INC 9655009409 07/08/2022 20220902 160.50 CHECK 475946 TOTAL: 274.56 475947 09/02/2022 PRTD 121497 NORTHWEST ASPHALT INC ENG 22-6NB #1 07/15/2022 20220902 45,073.96 CHECK 475947 TOTAL: 45,073.96 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 21 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475948 09/02/2022 PRTD 139023 NUSS TRUCK GROUP INC 7190991P 08/08/2022 20220902 226.92 CHECK 475948 TOTAL: 226.92 475949 09/02/2022 PRTD 105901 OERTEL ARCHITECTS 20-37.6 08/05/2022 20220902 44,980.80 CHECK 475949 TOTAL: 44,980.80 475950 09/02/2022 PRTD 141965 OMNI BREWING COMPANY LLC E-12419 08/04/2022 20220902 90.00 CHECK 475950 TOTAL: 90.00 475951 09/02/2022 PRTD 999995 Neutgens Excavating ED196245-REFUND 08/30/2022 20220902 2,500.00 CHECK 475951 TOTAL: 2,500.00 475952 09/02/2022 PRTD 999994 Sedgwick Heating and AC ED199834-REFUND 08/30/2022 20220902 64.99 CHECK 475952 TOTAL: 64.99 475953 09/02/2022 PRTD 999994 Trinity Exteriors Inc ED199155-REFUND 08/30/2022 20220902 132.44 CHECK 475953 TOTAL: 132.44 475954 09/02/2022 PRTD 999996 Grabski, Rebecca FIRING-GRABSKI 08/25/2022 20220902 23.10 CHECK 475954 TOTAL: 23.10 475955 09/02/2022 PRTD 999996 Mol, Rhonda FIRING-MOL 08/25/2022 20220902 133.10 CHECK 475955 TOTAL: 133.10 475956 09/02/2022 PRTD 999997 Bergsland, Erica 00106936-8/10/2022 08/10/2022 20220902 51.78 CHECK 475956 TOTAL: 51.78 475957 09/02/2022 PRTD 999997 Kersten, Daniel 00118926-8/26/2022 08/26/2022 20220902 302.58 CHECK 475957 TOTAL: 302.58 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 22 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475958 09/02/2022 PRTD 144339 ORION 4500 FRANCE LLC 4500 FRANCE-REFUND 08/24/2022 20220902 557.50 CHECK 475958 TOTAL: 557.50 475959 09/02/2022 PRTD 129214 OUVERSON SEWER AND WATER INC 6983 08/03/2022 20220902 9,665.00 CHECK 475959 TOTAL: 9,665.00 475960 09/02/2022 PRTD 151973 PAINTING BY NAKASONE INC 6558 08/04/2022 20220902 3,550.00 CHECK 475960 TOTAL: 3,550.00 475961 09/02/2022 PRTD 141258 PEMBER COMPANIES INC 13126 08/02/2022 20220902 9,199.34 CHECK 475961 TOTAL: 9,199.34 475962 09/02/2022 PRTD 100945 PEPSI-COLA COMPANY 27856509 08/15/2022 20220902 1,061.79 PEPSI-COLA COMPANY 20543205 08/16/2022 20220902 427.97 PEPSI-COLA COMPANY 26507956 08/12/2022 20220902 262.10 PEPSI-COLA COMPANY 26507958 08/12/2022 20220902 445.85 CHECK 475962 TOTAL: 2,197.71 475963 09/02/2022 PRTD 149249 PEQUOD DISTRIBUTING W-156800 08/04/2022 20220902 86.00 PEQUOD DISTRIBUTING W-156801 08/04/2022 20220902 343.50 PEQUOD DISTRIBUTING W-152979A 08/11/2022 20220902 264.00 PEQUOD DISTRIBUTING W-157364 08/11/2022 20220902 222.50 PEQUOD DISTRIBUTING W-156803 08/04/2022 20220902 86.00 PEQUOD DISTRIBUTING W-157359 08/11/2022 20220902 222.50 CHECK 475963 TOTAL: 1,224.50 475964 09/02/2022 PRTD 160501 PFM ASSET MANAGEMENT LLC 13341201 07/31/2022 20220902 1,365.52 CHECK 475964 TOTAL: 1,365.52 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 23 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475965 09/02/2022 PRTD 106072 PRAIRIE RESTORATIONS INC 33853 08/02/2022 20220902 775.00 CHECK 475965 TOTAL: 775.00 475966 09/02/2022 PRTD 129706 PREMIUM WATERS INC 318958439 08/26/2022 20220902 23.99 CHECK 475966 TOTAL: 23.99 475967 09/02/2022 PRTD 108875 PRESCRIPTION LANDSCAPE 100465 08/05/2022 20220902 8,791.09 PRESCRIPTION LANDSCAPE 100466 08/05/2022 20220902 138.00 CHECK 475967 TOTAL: 8,929.09 475968 09/02/2022 PRTD 106322 SCHENCK, DAVID 159948 08/08/2022 20220902 661.37 SCHENCK, DAVID 159925 08/08/2022 20220902 870.19 SCHENCK, DAVID 159952 08/08/2022 20220902 340.51 SCHENCK, DAVID 159951 08/08/2022 20220902 489.22 SCHENCK, DAVID 159954 08/08/2022 20220902 678.74 CHECK 475968 TOTAL: 3,040.03 475969 09/02/2022 PRTD 143618 PRYES BREWING COMPANY LLC W-41718 08/17/2022 20220902 175.00 CHECK 475969 TOTAL: 175.00 475970 09/02/2022 PRTD 135833 QUALITY FORKLIFT SALES AND SERVIC 112327 08/02/2022 20220902 350.00 CHECK 475970 TOTAL: 350.00 475971 09/02/2022 PRTD 100972 R & R SPECIALTIES INC 0076241-IN 08/03/2022 20220902 1,064.15 CHECK 475971 TOTAL: 1,064.15 475972 09/02/2022 PRTD 133091 RANGE SERVANT AMERICA INC 117977 08/02/2022 20220902 109.41 CHECK 475972 TOTAL: 109.41 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 24 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475973 09/02/2022 PRTD 144351 REHDER, MARK 277 08/07/2022 20220902 1,586.00 CHECK 475973 TOTAL: 1,586.00 475974 09/02/2022 PRTD 114799 RES GREAT LAKES LLC IN29128 08/03/2022 20220902 641.25 RES GREAT LAKES LLC IN29130 08/03/2022 20220902 893.75 CHECK 475974 TOTAL: 1,535.00 475975 09/02/2022 PRTD 100977 RICHFIELD PLUMBING COMPANY 85263 08/03/2022 20220902 2,812.00 RICHFIELD PLUMBING COMPANY 85264 08/03/2022 20220902 407.00 RICHFIELD PLUMBING COMPANY 85293 08/05/2022 20220902 733.00 RICHFIELD PLUMBING COMPANY 85294 08/05/2022 20220902 1,867.33 CHECK 475975 TOTAL: 5,819.33 475976 09/02/2022 PRTD 102408 RIGID HITCH INCORPORATED 1928704024 08/02/2022 20220902 101.91 RIGID HITCH INCORPORATED 1928704753 08/04/2022 20220902 66.94 CHECK 475976 TOTAL: 168.85 475977 09/02/2022 PRTD 101659 ORKIN 229985234 08/02/2022 20220902 142.36 ORKIN 228655233 07/26/2022 20220902 30.00 ORKIN 228655580 07/26/2022 20220902 75.00 ORKIN 228655322 07/26/2022 20220902 30.00 CHECK 475977 TOTAL: 277.36 475978 09/02/2022 PRTD 144553 SALTCO LLC 91314 07/31/2022 20220902 548.07 CHECK 475978 TOTAL: 548.07 475979 09/02/2022 PRTD 104151 SCHINDLER ELEVATOR CORP 9100723394 04/28/2022 20220902 51.88 CHECK 475979 TOTAL: 51.88 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 25 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 475980 09/02/2022 PRTD 132210 RUSCIANO GROUP INC 68523 08/05/2022 20220902 765.00 CHECK 475980 TOTAL: 765.00 475981 09/02/2022 PRTD 100995 SHORT-ELLIOT-HENDRICKSON INCORPOR 430307 08/08/2022 20220902 27,559.99 SHORT-ELLIOT-HENDRICKSON INCORPOR 430312 08/08/2022 20220902 3,892.06 SHORT-ELLIOT-HENDRICKSON INCORPOR 430314 08/08/2022 20220902 8,313.33 SHORT-ELLIOT-HENDRICKSON INCORPOR 430472 08/08/2022 20220902 2,076.97 SHORT-ELLIOT-HENDRICKSON INCORPOR 430517 08/08/2022 20220902 908.97 CHECK 475981 TOTAL: 42,751.32 475982 09/02/2022 PRTD 120784 WALSH GRAPHICS INC 17446 08/02/2022 20220902 185.00 WALSH GRAPHICS INC 17455 08/03/2022 20220902 442.25 WALSH GRAPHICS INC 17463 08/03/2022 20220902 1,077.68 WALSH GRAPHICS INC 17474 08/06/2022 20220902 98.32 CHECK 475982 TOTAL: 1,803.25 475983 09/02/2022 PRTD 137482 SITEONE LANDSCAPE SUPPLY LLC 122065495-001 08/03/2022 20220902 569.77 SITEONE LANDSCAPE SUPPLY LLC 122103782-001 08/04/2022 20220902 206.21 SITEONE LANDSCAPE SUPPLY LLC 121988479-001 08/02/2022 20220902 178.67 CHECK 475983 TOTAL: 954.65 475984 09/02/2022 PRTD 132195 SMALL LOT MN MN55583 08/17/2022 20220902 625.04 CHECK 475984 TOTAL: 625.04 475985 09/02/2022 PRTD 100430 SNAP-ON INDUSTRIAL ARV/53868659 08/02/2022 20220902 24.19 CHECK 475985 TOTAL: 24.19 475986 09/02/2022 PRTD 122368 SOUTH METRO PUBLIC SAFETY 10223 08/03/2022 20220902 1,100.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 26 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475986 TOTAL: 1,100.00 475987 09/02/2022 PRTD 127878 SOUTHERN GLAZERS WINE & SPIRITS L 2241673 08/04/2022 20220902 3,475.20 SOUTHERN GLAZERS WINE & SPIRITS L 2243056 08/05/2022 20220902 2.40 SOUTHERN GLAZERS WINE & SPIRITS L 2243055 08/05/2022 20220902 383.28 SOUTHERN GLAZERS WINE & SPIRITS L 2246994 08/17/2022 20220902 205.20 SOUTHERN GLAZERS WINE & SPIRITS L 2246995 08/17/2022 20220902 2,591.81 SOUTHERN GLAZERS WINE & SPIRITS L 2246991 08/17/2022 20220902 474.90 SOUTHERN GLAZERS WINE & SPIRITS L 2246993 08/17/2022 20220902 586.03 SOUTHERN GLAZERS WINE & SPIRITS L 2246989 08/17/2022 20220902 270.76 SOUTHERN GLAZERS WINE & SPIRITS L 2246996 08/17/2022 20220902 320.80 SOUTHERN GLAZERS WINE & SPIRITS L 2246990 08/17/2022 20220902 401.60 SOUTHERN GLAZERS WINE & SPIRITS L 2246992 08/17/2022 20220902 263.20 SOUTHERN GLAZERS WINE & SPIRITS L 2247013 08/17/2022 20220902 686.40 SOUTHERN GLAZERS WINE & SPIRITS L 2247011 08/17/2022 20220902 3,477.60 SOUTHERN GLAZERS WINE & SPIRITS L 2247012 08/17/2022 20220902 1,243.04 SOUTHERN GLAZERS WINE & SPIRITS L 2247009 08/17/2022 20220902 719.40 SOUTHERN GLAZERS WINE & SPIRITS L 2244425 08/17/2022 20220902 692.00 SOUTHERN GLAZERS WINE & SPIRITS L 2247008 08/17/2022 20220902 1,375.30 SOUTHERN GLAZERS WINE & SPIRITS L 2247007 08/17/2022 20220902 270.76 SOUTHERN GLAZERS WINE & SPIRITS L 2247010 08/17/2022 20220902 401.60 SOUTHERN GLAZERS WINE & SPIRITS L 2246997 08/17/2022 20220902 502.56 SOUTHERN GLAZERS WINE & SPIRITS L 2247006 08/17/2022 20220902 212.80 SOUTHERN GLAZERS WINE & SPIRITS L 2247004 08/17/2022 20220902 145.60 SOUTHERN GLAZERS WINE & SPIRITS L 2247003 08/17/2022 20220902 564.50 SOUTHERN GLAZERS WINE & SPIRITS L 2247002 08/17/2022 20220902 454.60 SOUTHERN GLAZERS WINE & SPIRITS L 2247000 08/17/2022 20220902 231.80 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 27 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET SOUTHERN GLAZERS WINE & SPIRITS L 2247005 08/17/2022 20220902 482.40 SOUTHERN GLAZERS WINE & SPIRITS L 2246999 08/17/2022 20220902 845.45 SOUTHERN GLAZERS WINE & SPIRITS L 2247001 08/17/2022 20220902 205.20 SOUTHERN GLAZERS WINE & SPIRITS L 2246998 08/17/2022 20220902 1,747.46 CHECK 475987 TOTAL: 23,233.65 475988 09/02/2022 PRTD 160428 SPORTS UNLIMITED 08-14-2022 08/04/2022 20220902 1,155.00 CHECK 475988 TOTAL: 1,155.00 475989 09/02/2022 PRTD 101004 SPS COMPANIES INC S4675598.001 08/02/2022 20220902 3.45 SPS COMPANIES INC S4684776.001 08/23/2022 20220902 67.09 CHECK 475989 TOTAL: 70.54 475990 09/02/2022 PRTD 139006 MINNESOTA'S BOOKSTORE 00000711453 08/08/2022 20220902 54.00 CHECK 475990 TOTAL: 54.00 475991 09/02/2022 PRTD 133068 STEEL TOE BREWING LLC 46839 08/17/2022 20220902 105.00 STEEL TOE BREWING LLC 46847 08/17/2022 20220902 175.00 STEEL TOE BREWING LLC 46846 08/16/2022 20220902 216.00 CHECK 475991 TOTAL: 496.00 475992 09/02/2022 PRTD 124029 STERICYCLE 8002205888 08/25/2022 20220902 68.34 CHECK 475992 TOTAL: 68.34 475993 09/02/2022 PRTD 101015 STREICHERS INC I1582789 08/03/2022 20220902 30.99 STREICHERS INC I1582949 08/04/2022 20220902 41.99 STREICHERS INC I1583348 08/08/2022 20220902 5,450.94 STREICHERS INC I1583608 08/08/2022 20220902 425.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 28 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 475993 TOTAL: 5,948.92 475994 09/02/2022 PRTD 101017 SUBURBAN CHEVROLET 55543P 08/05/2022 20220902 95.59 CHECK 475994 TOTAL: 95.59 475995 09/02/2022 PRTD 105874 SUBURBAN TIRE WHOLESALE INC 10188250 08/04/2022 20220902 799.76 SUBURBAN TIRE WHOLESALE INC 10188261 08/04/2022 20220902 873.60 SUBURBAN TIRE WHOLESALE INC 10188243 08/04/2022 20220902 554.00 SUBURBAN TIRE WHOLESALE INC 10188282 08/05/2022 20220902 448.00 CHECK 475995 TOTAL: 2,675.36 475996 09/02/2022 PRTD 119864 SYSCO MINNESOTA INC 447166850 08/04/2022 20220902 1,050.07 SYSCO MINNESOTA INC 447173305 08/08/2022 20220902 898.91 CHECK 475996 TOTAL: 1,948.98 475997 09/02/2022 PRTD 137993 TALKPOINT TECHNOLOGIES INC 0016995 08/02/2022 20220902 88.95 CHECK 475997 TOTAL: 88.95 475998 09/02/2022 PRTD 160414 TEGRA GROUP INC 13778 08/08/2022 20220902 11,850.00 CHECK 475998 TOTAL: 11,850.00 475999 09/02/2022 PRTD 146347 TELEFLEX FUNDING LLC 9505796490 07/28/2022 20220902 562.50 CHECK 475999 TOTAL: 562.50 476000 09/02/2022 PRTD 146870 TERRY'S HARDWARE 319073/1 08/08/2022 20220902 3,383.87 CHECK 476000 TOTAL: 3,383.87 476001 09/02/2022 PRTD 124753 TOSHIBA FINANCIAL SERVICES 5021311591 08/06/2022 20220902 216.60 CHECK 476001 TOTAL: 216.60 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 29 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476002 09/02/2022 PRTD 134673 TOTAL MECHANICAL SYSTEMS INC S3939 08/08/2022 20220902 981.50 CHECK 476002 TOTAL: 981.50 476003 09/02/2022 PRTD 123649 MONROE TOWMASTER LLC 451819 08/05/2022 20220902 453.61 CHECK 476003 TOTAL: 453.61 476004 09/02/2022 PRTD 142455 TRACER ELECTRONICS LLC 133894 08/05/2022 20220902 136.57 CHECK 476004 TOTAL: 136.57 476005 09/02/2022 PRTD 103982 TRAFFIC CONTROL CORPORATION 137740 08/03/2022 20220902 6,030.00 CHECK 476005 TOTAL: 6,030.00 476006 09/02/2022 PRTD 104064 TRANS UNION RISK AND ALTERNATIVE 269634-202207-1 08/01/2022 20220902 356.60 CHECK 476006 TOTAL: 356.60 476007 09/02/2022 PRTD 145168 TSBL DISTRIBUTING 304033 08/05/2022 20220902 51.92 CHECK 476007 TOTAL: 51.92 476008 09/02/2022 PRTD 106188 TWIN CITIES TRANSPORT & RECOVERY 22-0707-105723 07/07/2022 20220902 350.00 CHECK 476008 TOTAL: 350.00 476009 09/02/2022 PRTD 102150 TWIN CITY SEED CO 52341 08/04/2022 20220902 158.25 TWIN CITY SEED CO 52359 08/02/2022 20220902 1,724.20 TWIN CITY SEED CO 52363 08/04/2022 20220902 112.20 TWIN CITY SEED CO 52365 08/04/2022 20220902 112.20 TWIN CITY SEED CO 52367 08/03/2022 20220902 405.00 TWIN CITY SEED CO 52403 08/08/2022 20220902 405.00 CHECK 476009 TOTAL: 2,916.85 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 30 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476010 09/02/2022 PRTD 131957 UNIVERSAL ATHLETIC, LLC 150-0063428-01 08/02/2022 20220902 251.98 CHECK 476010 TOTAL: 251.98 476011 09/02/2022 PRTD 145567 UNMAPPED BREWING COMPANY LLC E-1928 08/11/2022 20220902 70.00 CHECK 476011 TOTAL: 70.00 476012 09/02/2022 PRTD 160436 BENJAMIN HUGUS E-2517 08/16/2022 20220902 262.80 BENJAMIN HUGUS E-2543 08/16/2022 20220902 226.50 BENJAMIN HUGUS E-2554 08/16/2022 20220902 120.00 CHECK 476012 TOTAL: 609.30 476013 09/02/2022 PRTD 100050 USPS 79624 08/30/2022 20220902 64.04 CHECK 476013 TOTAL: 64.04 476014 09/02/2022 PRTD 103590 VALLEY-RICH COMPANY INC 31100 07/22/2022 20220902 8,592.65 CHECK 476014 TOTAL: 8,592.65 476015 09/02/2022 PRTD 101058 VAN PAPER COMPANY 007521 08/03/2022 20220902 855.87 VAN PAPER COMPANY 008134 08/05/2022 20220902 191.32 VAN PAPER COMPANY 008451 08/08/2022 20220902 32.87 CHECK 476015 TOTAL: 1,080.06 476016 09/02/2022 PRTD 144209 VENN BREWING COMPANY LLC 3467 08/11/2022 20220902 166.50 VENN BREWING COMPANY LLC 3468 08/10/2022 20220902 265.50 VENN BREWING COMPANY LLC 3469 08/11/2022 20220902 256.50 CHECK 476016 TOTAL: 688.50 476017 09/02/2022 PRTD 101063 VERSATILE VEHICLES 86236 08/08/2022 20220902 1,906.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 31 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476017 TOTAL: 1,906.00 476018 09/02/2022 PRTD 119454 VINOCOPIA INC 0309920-IN 08/04/2022 20220902 113.25 VINOCOPIA INC 0310408-IN 08/11/2022 20220902 153.25 VINOCOPIA INC 0310434-IN 08/11/2022 20220902 486.67 VINOCOPIA INC 0310400-IN 08/11/2022 20220902 1,112.50 VINOCOPIA INC 0310386-IN 08/11/2022 20220902 94.50 VINOCOPIA INC 0310385-IN 08/11/2022 20220902 502.50 VINOCOPIA INC 0310384-IN 08/11/2022 20220902 719.50 CHECK 476018 TOTAL: 3,182.17 476019 09/02/2022 PRTD 120627 VISTAR 65292758 08/02/2022 20220902 1,517.41 VISTAR 65339694 08/05/2022 20220902 788.65 CHECK 476019 TOTAL: 2,306.06 476020 09/02/2022 PRTD 143468 PORTAGE BREWING COMPANY 002676 08/15/2022 20220902 178.50 CHECK 476020 TOTAL: 178.50 476021 09/02/2022 PRTD 123616 WATER CONSERVATION SERVICES INC 12462 08/03/2022 20220902 1,140.01 CHECK 476021 TOTAL: 1,140.01 476022 09/02/2022 PRTD 101033 WINE COMPANY 212241 08/16/2022 20220902 2,312.00 WINE COMPANY 212243 08/17/2022 20220902 1,514.00 WINE COMPANY 212245 08/17/2022 20220902 171.00 WINE COMPANY 212242 08/17/2022 20220902 3,662.00 CHECK 476022 TOTAL: 7,659.00 476023 09/02/2022 PRTD 124503 WINSUPPLY EDEN PRAIRIE MN CO 231489 01 08/02/2022 20220902 80.80 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/01/2022 13:13User: STanGeilProgram ID: apcshdsb Page 32 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476023 TOTAL: 80.80 476024 09/02/2022 PRTD 148067 WITLINGO INC INV-COE-080222 08/02/2022 20220902 250.00 CHECK 476024 TOTAL: 250.00 476025 09/02/2022 PRTD 142162 WOODEN HILL BREWING COMPANY LLC 3624 08/04/2022 20220902 242.10 WOODEN HILL BREWING COMPANY LLC 3642 08/11/2022 20220902 176.40 WOODEN HILL BREWING COMPANY LLC 3644 08/11/2022 20220902 472.20 WOODEN HILL BREWING COMPANY LLC 3643 08/11/2022 20220902 287.10 CHECK 476025 TOTAL: 1,177.80 476026 09/02/2022 PRTD 127774 WORLDWIDE CELLARS INC R22-58816 08/05/2022 20220902 916.00 CHECK 476026 TOTAL: 916.00 476027 09/02/2022 PRTD 129312 YOUTH TECH INC 7480 08/04/2022 20220902 1,072.50 CHECK 476027 TOTAL: 1,072.50 NUMBER OF CHECKS 188 *** CASH ACCOUNT TOTAL *** 1,517,961.93 COUNT AMOUNT TOTAL PRINTED CHECKS 188 1,517,961.93 *** GRAND TOTAL *** 1,517,961.93 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 38 JOURNAL ENTRIES TO BE CREATED FUND SUB FUND DUE TO DUE FR 1000 General 224,686.342100 Police Special Revenue 1,676.512500 Conservation & Sustainability 2,537.442600 Housing & Redvlpmt Authority 2,860.002600 Housing & Redvlpmt Authority 36,305.412600 Housing & Redvlpmt Authority 289,587.732600 Housing & Redvlpmt Authority 5,984.392600 Housing & Redvlpmt Authority 255.004000 Capital Projects 51,484.264200 Equipment Replacement 96,759.964400 PIR Capital Projects 8,985.005100 Art Center 457.205200 Braemar Golf Course 22,782.705200 Braemar Golf Course 451.015300 Aquatic Center 6,459.865400 Edinborough Park 4,052.315500 Braemar Arena 70,178.895600 Braemar Field 939.155700 Centennial Lakes 3,363.485800 Liquor 137,637.665900 Utility Fund 73,166.615900 Utility Fund 7,472.695900 Utility Fund 89,967.775900 Utility Fund 67,985.006100 Equipment Operations 53,387.146200 Information Technology 29,566.516300 Facilities Management 3,015.627100 PS Training Facility 19,029.037200 MN Task Force 1 7,949.339999 Pooled Cash Fund 1,318,984.00 TOTAL 1,318,984.00 1,318,984.00 ** END OF REPORT - Generated by Shirleng Tan Geil ** City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 1 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476028 09/09/2022 PRTD 151171 7TH STREET BEER COMPANY 2124 08/18/2022 20220909 408.00 CHECK 476028 TOTAL: 408.00 476029 09/09/2022 PRTD 133522 AARP DRIVER SAFETY PROGRAM C12912 08/11/2022 20220909 260.00 CHECK 476029 TOTAL: 260.00 476030 09/09/2022 PRTD 100614 ACE SUPPLY COMPANY INC 076857 08/11/2022 20220909 50.04 CHECK 476030 TOTAL: 50.04 476031 09/09/2022 PRTD 135922 ACUSHNET COMPANY 913400923 05/27/2022 20220909 191.29 ACUSHNET COMPANY 913805602 07/20/2022 20220909 751.96 ACUSHNET COMPANY 913805601 07/20/2022 20220909 742.92 ACUSHNET COMPANY 913816494 07/21/2022 20220909 122.77 CHECK 476031 TOTAL: 1,808.94 476032 09/09/2022 PRTD 160119 ADAM'S PEST CONTROL 3529805 08/15/2022 20220909 269.00 CHECK 476032 TOTAL: 269.00 476033 09/09/2022 PRTD 140318 ADVANCED ELEMENTS INC 82233 08/09/2022 20220909 21,795.50 ADVANCED ELEMENTS INC 82232 08/09/2022 20220909 1,424.49 ADVANCED ELEMENTS INC 1505 08/15/2022 20220909 1,500.00 CHECK 476033 TOTAL: 24,719.99 476034 09/09/2022 PRTD 130792 AIRGAS NATIONAL CARBONATION 9128775342 08/09/2022 20220909 396.19 CHECK 476034 TOTAL: 396.19 476035 09/09/2022 PRTD 100575 AMERICAN CYLINDER LLC 199371 08/09/2022 20220909 123.50 CHECK 476035 TOTAL: 123.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 2 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476036 09/09/2022 PRTD 102715 WIENS GRAPHICS INC 153596 08/09/2022 20220909 1,828.00 CHECK 476036 TOTAL: 1,828.00 476037 09/09/2022 PRTD 160095 AM CRAFT SPIRITS SALES & MARKETIN 15251 08/23/2022 20220909 172.99 AM CRAFT SPIRITS SALES & MARKETIN 15252 08/23/2022 20220909 63.25 CHECK 476037 TOTAL: 236.24 476038 09/09/2022 PRTD 160287 AMAZING ATHLETES OF CENTRAL MN 9778 08/12/2022 20220909 2,072.00 CHECK 476038 TOTAL: 2,072.00 476039 09/09/2022 PRTD 141960 AMAZON CAPITAL SERVICES 1VKW-KQ7F-MLJ7 08/04/2022 20220909 76.13 AMAZON CAPITAL SERVICES 1Q7N-7QWR-4Y3L 08/09/2022 20220909 11.79 AMAZON CAPITAL SERVICES 1LF9-DFXF-6H4N 08/09/2022 20220909 77.16 AMAZON CAPITAL SERVICES 1NHR-G3JD-71P4 08/09/2022 20220909 270.72 AMAZON CAPITAL SERVICES 1JM3-96JH-9M91 08/09/2022 20220909 1,299.00 AMAZON CAPITAL SERVICES 1N7R-W9G9-9TCN 08/09/2022 20220909 35.10 AMAZON CAPITAL SERVICES 14FC-NTXH-9Q4F 08/09/2022 20220909 56.18 AMAZON CAPITAL SERVICES 1YNJ-NH3P-D3WH 08/09/2022 20220909 40.42 AMAZON CAPITAL SERVICES 1NNV-WHT9-CYWY 08/09/2022 20220909 21.99 AMAZON CAPITAL SERVICES 14NV-V3V3-3KV1 08/09/2022 20220909 68.97 AMAZON CAPITAL SERVICES 1KYJ-LGP9-4FC1 08/09/2022 20220909 -29.99 AMAZON CAPITAL SERVICES 1FKW-3G7K-6YHH 08/10/2022 20220909 24.72 AMAZON CAPITAL SERVICES 1TMV-7YF7-946D 08/10/2022 20220909 124.95 AMAZON CAPITAL SERVICES 1QHK-CGKW-1QMC 08/10/2022 20220909 8.98 AMAZON CAPITAL SERVICES 17MV-6MHW-3CNN 08/10/2022 20220909 68.32 AMAZON CAPITAL SERVICES 164H-G3W1-3991 08/10/2022 20220909 485.99 AMAZON CAPITAL SERVICES 1VM7-HJP9-77N6 08/11/2022 20220909 108.03 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 3 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET AMAZON CAPITAL SERVICES 1L96-KGYC-6R1D 08/11/2022 20220909 160.55 AMAZON CAPITAL SERVICES 1YRD-CD7Q-1DQN 08/11/2022 20220909 125.86 AMAZON CAPITAL SERVICES 1VJ7-WT9P-1F9P 08/11/2022 20220909 182.70 AMAZON CAPITAL SERVICES 1LLH-WCLV-3CKL 08/11/2022 20220909 12.43 AMAZON CAPITAL SERVICES 1XYC-199X-1JCG 08/11/2022 20220909 35.29 AMAZON CAPITAL SERVICES 1XYC-199X-3MQ9 08/11/2022 20220909 30.94 AMAZON CAPITAL SERVICES 1MRV-4GCV-419M 08/11/2022 20220909 105.89 AMAZON CAPITAL SERVICES 1XYC-199X-4JKP 08/11/2022 20220909 1,439.94 AMAZON CAPITAL SERVICES 1D4R-NFJL-FCMM 08/12/2022 20220909 277.30 AMAZON CAPITAL SERVICES 1X9G-HNMM-NFM9 08/14/2022 20220909 117.59 AMAZON CAPITAL SERVICES 1VNF-WCNQ-4GQK 08/15/2022 20220909 299.19 AMAZON CAPITAL SERVICES 1C4H-VV4R-3PW7 08/30/2022 20220909 -23.98 CHECK 476039 TOTAL: 5,512.16 476040 09/09/2022 PRTD 143763 VALLEY APPLE FORD INC A1CB772526 08/12/2022 20220909 17,936.17 CHECK 476040 TOTAL: 17,936.17 476041 09/09/2022 PRTD 100632 AQUA ENGINEERING INC 108508 08/15/2022 20220909 614.00 CHECK 476041 TOTAL: 614.00 476042 09/09/2022 PRTD 151441 ARAMARK UNIFORM AND CAREER APPEAL 2500069679 08/09/2022 20220909 126.98 ARAMARK UNIFORM AND CAREER APPEAL 2500069609 08/09/2022 20220909 197.54 ARAMARK UNIFORM AND CAREER APPEAL 2500070795 08/10/2022 20220909 167.38 CHECK 476042 TOTAL: 491.90 476043 09/09/2022 PRTD 151756 ARBEITER BREWING COMPANY LLC 777 08/18/2022 20220909 84.00 CHECK 476043 TOTAL: 84.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 4 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476044 09/09/2022 PRTD 106304 ASPEN MILLS INC 298714 08/13/2022 20220909 103.89 CHECK 476044 TOTAL: 103.89 476045 09/09/2022 PRTD 160227 AT YOUTH PROGRAMS, LLC 4 08/09/2022 20220909 2,565.00 CHECK 476045 TOTAL: 2,565.00 476046 09/09/2022 PRTD 101718 IEH AUTO PARTS LLC 380117937 08/09/2022 20220909 7.92 CHECK 476046 TOTAL: 7.92 476047 09/09/2022 PRTD 100638 BACHMAN'S LANDSCAPING 301474/50 08/09/2022 20220909 434.15 BACHMAN'S LANDSCAPING 302342/50 08/12/2022 20220909 133.75 CHECK 476047 TOTAL: 567.90 476048 09/09/2022 PRTD 100643 BARR ENGINEERING CO 23270354.00-285 08/10/2022 20220909 10,606.50 BARR ENGINEERING CO 23271869.01-3 08/15/2022 20220909 37,366.54 BARR ENGINEERING CO 23271869.02-3 08/15/2022 20220909 9,546.00 CHECK 476048 TOTAL: 57,519.04 476049 09/09/2022 PRTD 142186 BAYCOM INC EQUIPINV_039284 08/11/2022 22200018 20220909 95,344.00 CHECK 476049 TOTAL: 95,344.00 476050 09/09/2022 PRTD 102709 BDS LAUNDRY SYSTEMS LMV419754 08/10/2022 20220909 285.55 CHECK 476050 TOTAL: 285.55 476051 09/09/2022 PRTD 101355 BELLBOY CORPORATION 0096179600 08/18/2022 20220909 452.70 BELLBOY CORPORATION 0096137200 08/18/2022 20220909 346.80 BELLBOY CORPORATION 0105614500 08/18/2022 20220909 147.02 BELLBOY CORPORATION 0096188300 08/18/2022 20220909 752.30 BELLBOY CORPORATION 0096162800 08/18/2022 20220909 244.95 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 5 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET BELLBOY CORPORATION 0096162100 08/18/2022 20220909 811.55 BELLBOY CORPORATION 0105622600 08/18/2022 20220909 76.80 BELLBOY CORPORATION 0096171900 08/18/2022 20220909 2,242.90 BELLBOY CORPORATION 0105623400 08/18/2022 20220909 26.67 CHECK 476051 TOTAL: 5,101.69 476052 09/09/2022 PRTD 131191 BERNATELLO'S PIZZA INC 5089069 08/10/2022 20220909 546.00 CHECK 476052 TOTAL: 546.00 476053 09/09/2022 PRTD 142153 BLACK STACK BREWING INC 18855 08/18/2022 20220909 336.00 BLACK STACK BREWING INC 18856 08/18/2022 20220909 336.00 CHECK 476053 TOTAL: 672.00 476054 09/09/2022 PRTD 151149 BOARMAN KROOS VOGEL GROUP INC 59768 08/10/2022 20220909 6,518.72 CHECK 476054 TOTAL: 6,518.72 476055 09/09/2022 PRTD 101010 BORDER STATES INDUSTRIES INC 924732681 08/10/2022 20220909 1,460.88 CHECK 476055 TOTAL: 1,460.88 476056 09/09/2022 PRTD 105367 BOUND TREE MEDICAL LLC 84640951 08/12/2022 20220909 824.50 BOUND TREE MEDICAL LLC 70325219 08/16/2022 20220909 -644.75 CHECK 476056 TOTAL: 179.75 476057 09/09/2022 PRTD 119351 BOURGET IMPORTS 189506 08/23/2022 20220909 804.25 BOURGET IMPORTS 189504 08/23/2022 20220909 235.50 BOURGET IMPORTS 189505 08/23/2022 20220909 349.25 CHECK 476057 TOTAL: 1,389.00 476058 09/09/2022 PRTD 117040 BOYER FORD TRUCKS INC 008P13449 08/10/2022 20220909 56.30 BOYER FORD TRUCKS INC 005P15239 08/15/2022 20220909 -39.92 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 6 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476058 TOTAL: 16.38 476059 09/09/2022 PRTD 100664 BRAUN INTERTEC CORPORATION B305007 08/11/2022 20220909 11,823.75 BRAUN INTERTEC CORPORATION B305214 08/15/2022 20220909 5,984.39 CHECK 476059 TOTAL: 17,808.14 476060 09/09/2022 PRTD 124291 BREAKTHRU BEVERAGE MINNESOTA WINE 345216931 08/11/2022 20220909 6,114.87 CHECK 476060 TOTAL: 6,114.87 476061 09/09/2022 PRTD 124529 BREAKTHRU BEVERAGE MINNESOTA BEER 345286515 08/16/2022 20220909 10,085.75 BREAKTHRU BEVERAGE MINNESOTA BEER 345201157 08/11/2022 20220909 6,640.75 BREAKTHRU BEVERAGE MINNESOTA BEER 345286624 08/16/2022 20220909 14,630.90 BREAKTHRU BEVERAGE MINNESOTA BEER 345286580 08/16/2022 20220909 2,859.45 BREAKTHRU BEVERAGE MINNESOTA BEER 345370880 08/23/2022 20220909 2,627.40 BREAKTHRU BEVERAGE MINNESOTA BEER 345369870 08/23/2022 20220909 319.10 BREAKTHRU BEVERAGE MINNESOTA BEER 345367583 08/23/2022 20220909 738.05 BREAKTHRU BEVERAGE MINNESOTA BEER 345369863 08/23/2022 20220909 217.20 CHECK 476061 TOTAL: 38,118.60 476062 09/09/2022 PRTD 102149 CALLAWAY GOLF 934868398 05/17/2022 20220909 237.60 CALLAWAY GOLF 935225617 07/18/2022 20220909 4,380.00 CHECK 476062 TOTAL: 4,617.60 476063 09/09/2022 PRTD 119455 CAPITOL BEVERAGE SALES LP 2727995 08/19/2022 20220909 14.00 CAPITOL BEVERAGE SALES LP 2727994 08/19/2022 20220909 642.50 CAPITOL BEVERAGE SALES LP 2727996 08/19/2022 20220909 1,727.80 CAPITOL BEVERAGE SALES LP 2727998 08/19/2022 20220909 51.50 CAPITOL BEVERAGE SALES LP 2727993 08/19/2022 20220909 1,431.40 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 7 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CAPITOL BEVERAGE SALES LP 2729099 08/23/2022 20220909 1,350.00 CAPITOL BEVERAGE SALES LP 2729098 08/23/2022 20220909 98.98 CAPITOL BEVERAGE SALES LP 2729100 08/23/2022 20220909 4,987.00 CAPITOL BEVERAGE SALES LP 2721660a 08/05/2022 20220909 -20.00 CHECK 476063 TOTAL: 10,283.18 476064 09/09/2022 PRTD 160207 JASON THOMAS CARDINAL EPD2022-6 08/15/2022 20220909 1,375.00 JASON THOMAS CARDINAL EFD2022-2 08/15/2022 20220909 1,375.00 CHECK 476064 TOTAL: 2,750.00 476065 09/09/2022 PRTD 144675 CARLOS CREEK WINERY INC 23729 08/23/2022 20220909 156.00 CHECK 476065 TOTAL: 156.00 476066 09/09/2022 PRTD 160160 CHRISTIANSON'S BUSINESS FURNITURE 5826-1-KR 08/15/2022 22200041 20220909 10,397.14 CHECK 476066 TOTAL: 10,397.14 476067 09/09/2022 PRTD 142028 CINTAS CORPORATION 4128279279 08/15/2022 20220909 98.32 CINTAS CORPORATION 4128278486 08/15/2022 20220909 27.65 CINTAS CORPORATION 4128278441 08/15/2022 20220909 11.78 CINTAS CORPORATION 4128278407 08/15/2022 20220909 26.88 CINTAS CORPORATION 4128278408 08/15/2022 20220909 17.87 CINTAS CORPORATION 4128278387 08/15/2022 20220909 33.63 CHECK 476067 TOTAL: 216.13 476068 09/09/2022 PRTD 100087 CITY OF SAINT PAUL IN50725 08/22/2022 20220909 7,686.13 CHECK 476068 TOTAL: 7,686.13 476069 09/09/2022 PRTD 120433 COMCAST 0161120-08/22 08/26/2022 20220909 20.30 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 8 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476069 TOTAL: 20.30 476070 09/09/2022 PRTD 105981 TILLER CORPORATION 220815 08/15/2022 20220909 26,610.74 CHECK 476070 TOTAL: 26,610.74 476071 09/09/2022 PRTD 144027 COMMUNITY GROWTH SOLUTIONS INC 22-08 08/12/2022 20220909 400.00 CHECK 476071 TOTAL: 400.00 476072 09/09/2022 PRTD 144092 CONCENTRA 103622161 08/12/2022 20220909 129.00 CHECK 476072 TOTAL: 129.00 476073 09/09/2022 PRTD 104928 SMITH CONSTRUCTION SERVICES INC 28758 08/10/2022 20220909 2.49 CHECK 476073 TOTAL: 2.49 476074 09/09/2022 PRTD 100012 CORE & MAIN R401709 08/15/2022 20220909 1,831.11 CORE & MAIN R398293 08/15/2022 20220909 1,068.90 CORE & MAIN R407254 08/15/2022 20220909 1,014.20 CHECK 476074 TOTAL: 3,914.21 476075 09/09/2022 PRTD 142772 CREATIVE ARCADE 1480 08/01/2022 20220909 13,387.50 CHECK 476075 TOTAL: 13,387.50 476076 09/09/2022 PRTD 100699 CULLIGAN SOFTWATER SERVICE COMPAN 114X87547002 08/31/2022 20220909 125.72 CHECK 476076 TOTAL: 125.72 476077 09/09/2022 PRTD 100130 DAKOTA COUNTY DPC DCSOT-08/2022-1 08/11/2022 20220909 239.70 CHECK 476077 TOTAL: 239.70 476078 09/09/2022 PRTD 102195 DAY INVESTMENTS LLC P53841631 08/09/2022 20220909 100.38 CHECK 476078 TOTAL: 100.38 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 9 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476079 09/09/2022 PRTD 100718 DELEGARD TOOL COMPANY 192077/1 08/12/2022 20220909 374.83 DELEGARD TOOL COMPANY 167382/1 08/16/2022 20220909 -21.52 CHECK 476079 TOTAL: 353.31 476080 09/09/2022 PRTD 121103 DIRECTV GROUP INC 045419181X220819 08/19/2022 20220909 139.14 CHECK 476080 TOTAL: 139.14 476081 09/09/2022 PRTD 101766 DISPLAY SALES COMPANY INV-033193 08/10/2022 20220909 677.00 CHECK 476081 TOTAL: 677.00 476082 09/09/2022 PRTD 100730 DORSEY & WHITNEY LLP 3807677 08/15/2022 20220909 9,900.00 CHECK 476082 TOTAL: 9,900.00 476083 09/09/2022 PRTD 150827 DRASTIC MEASURES BREWING, LLC 2535 08/17/2022 20220909 150.80 CHECK 476083 TOTAL: 150.80 476084 09/09/2022 PRTD 132810 ECM PUBLISHERS INC 906300 08/11/2022 20220909 198.45 ECM PUBLISHERS INC 906301 08/11/2022 20220909 160.65 ECM PUBLISHERS INC 906302 08/11/2022 20220909 207.90 ECM PUBLISHERS INC 906303 08/11/2022 20220909 269.90 ECM PUBLISHERS INC 906304 08/11/2022 20220909 113.05 CHECK 476084 TOTAL: 949.95 476085 09/09/2022 PRTD 100049 EHLERS AND ASSOCIATES 91401 08/09/2022 20220909 2,860.00 EHLERS AND ASSOCIATES 91399 08/09/2022 20220909 1,275.00 EHLERS AND ASSOCIATES 91396 08/09/2022 20220909 255.00 EHLERS AND ASSOCIATES 91400 08/09/2022 20220909 3,825.00 EHLERS AND ASSOCIATES 91397 08/09/2022 20220909 1,657.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 10 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476085 TOTAL: 9,872.50 476086 09/09/2022 PRTD 101956 EMERGENCY APPARATUS MAINTENANCE I 123084 08/12/2022 20220909 2,154.15 CHECK 476086 TOTAL: 2,154.15 476087 09/09/2022 PRTD 104733 EMERGENCY MEDICAL PRODUCTS INC 2468746 08/04/2022 20220909 171.75 CHECK 476087 TOTAL: 171.75 476088 09/09/2022 PRTD 100752 ESS BROTHERS & SONS INC CC6324 08/10/2022 20220909 9,944.00 ESS BROTHERS & SONS INC CC6445 08/12/2022 20220909 5,365.00 CHECK 476088 TOTAL: 15,309.00 476089 09/09/2022 PRTD 100146 ELLIOTT AUTO SUPPLY CO, INC 69-459291 08/11/2022 20220909 119.70 ELLIOTT AUTO SUPPLY CO, INC 69-459432 08/12/2022 20220909 148.50 ELLIOTT AUTO SUPPLY CO, INC 69-458980 08/09/2022 20220909 619.99 ELLIOTT AUTO SUPPLY CO, INC 69-459338 08/12/2022 20220909 34.17 CHECK 476089 TOTAL: 922.36 476090 09/09/2022 PRTD 147181 FALLING BREWERY - BERGMAN LEDGE L E-7475 08/23/2022 20220909 368.00 FALLING BREWERY - BERGMAN LEDGE L E-7476 08/23/2022 20220909 234.00 CHECK 476090 TOTAL: 602.00 476091 09/09/2022 PRTD 141099 FIRST STUDENT INC 264482 08/09/2022 20220909 215.00 FIRST STUDENT INC 264488 08/09/2022 20220909 430.00 FIRST STUDENT INC 264489 08/09/2022 20220909 430.00 FIRST STUDENT INC 264487 08/09/2022 20220909 430.00 FIRST STUDENT INC 264516 08/09/2022 20220909 430.00 FIRST STUDENT INC 264521 08/09/2022 20220909 215.00 FIRST STUDENT INC 264507 08/09/2022 20220909 215.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 11 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476091 TOTAL: 2,365.00 476092 09/09/2022 PRTD 126444 KIRK STENSRUD ENTERPRISES INC 2315-48098 08/10/2022 20220909 990.00 CHECK 476092 TOTAL: 990.00 476093 09/09/2022 PRTD 160289 GOLF COMPETE INC 09-2022-2696 09/01/2022 20220909 1,655.00 CHECK 476093 TOTAL: 1,655.00 476094 09/09/2022 PRTD 102456 GALLS PARENT HOLDINGS LLC BC1685478 08/12/2022 20220909 167.96 GALLS PARENT HOLDINGS LLC BC1686194 08/13/2022 20220909 90.00 CHECK 476094 TOTAL: 257.96 476095 09/09/2022 PRTD 160228 GRANICUS LLC 154794 08/09/2022 20220909 22,086.84 CHECK 476095 TOTAL: 22,086.84 476096 09/09/2022 PRTD 144412 WINEBOW MN00117579 08/19/2022 20220909 933.96 CHECK 476096 TOTAL: 933.96 476097 09/09/2022 PRTD 143653 GUARANTY COMMERCIAL TITLE INC Cornelia View #2 08/31/2022 20220909 35,030.41 CHECK 476097 TOTAL: 35,030.41 476098 09/09/2022 PRTD 150691 HALLMARK CLEANERS 208160-083122 08/31/2022 20220909 2,437.89 CHECK 476098 TOTAL: 2,437.89 476099 09/09/2022 PRTD 137677 HAMMEL GREEN AND ABRAHAMSON INC 231486 08/09/2022 20220909 545.64 HAMMEL GREEN AND ABRAHAMSON INC 231598 08/10/2022 20220909 13,222.21 HAMMEL GREEN AND ABRAHAMSON INC 231600A 08/10/2022 20220909 3,451.64 HAMMEL GREEN AND ABRAHAMSON INC 231600B 08/10/2022 20220909 1,664.93 HAMMEL GREEN AND ABRAHAMSON INC 231599 08/10/2022 20220909 1,916.20 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 12 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476099 TOTAL: 20,800.62 476100 09/09/2022 PRTD 151168 HAMMER SPORTS LLC 2409 08/14/2022 20220909 357.00 CHECK 476100 TOTAL: 357.00 476101 09/09/2022 PRTD 151092 HARDLINE EQUIPMENT LLC 42206113 08/15/2022 20220909 1,016.03 CHECK 476101 TOTAL: 1,016.03 476102 09/09/2022 PRTD 100797 HAWKINS INC 6260661 08/05/2022 20220909 6,204.21 HAWKINS INC 6261843 08/09/2022 20220909 10,571.33 HAWKINS INC 6267484 08/15/2022 20220909 9,132.09 CHECK 476102 TOTAL: 25,907.63 476103 09/09/2022 PRTD 100798 HAYDEN-MURPHY EQUIPMENT COMPANY R0235501 08/15/2022 20220909 8,100.00 CHECK 476103 TOTAL: 8,100.00 476104 09/09/2022 PRTD 103085 HENNEPIN COUNTY ACCOUNTING SERVIC 1000190640 08/10/2022 20220909 369.00 CHECK 476104 TOTAL: 369.00 476105 09/09/2022 PRTD 143585 HENNEPIN COUNTY MEDICAL CENTER 74105 08/23/2022 20220909 20.00 CHECK 476105 TOTAL: 20.00 476106 09/09/2022 PRTD 118765 HENRY SCHEIN INC 24116033 08/10/2022 20220909 228.00 CHECK 476106 TOTAL: 228.00 476107 09/09/2022 PRTD 102079 HIGHVIEW PLUMBING INC 16597 08/09/2022 20220909 8,985.00 CHECK 476107 TOTAL: 8,985.00 476108 09/09/2022 PRTD 104375 HOHENSTEINS INC 534082 08/23/2022 20220909 3,267.20 HOHENSTEINS INC 534083 08/23/2022 20220909 76.50 HOHENSTEINS INC 534080 08/23/2022 20220909 2,602.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 13 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET HOHENSTEINS INC 534081 08/23/2022 20220909 60.00 HOHENSTEINS INC 534074 08/23/2022 20220909 3,517.95 HOHENSTEINS INC 534063 08/23/2022 20220909 54.00 CHECK 476108 TOTAL: 9,578.15 476109 09/09/2022 PRTD 100417 HORIZON CHEMICAL CO INV24146 08/12/2022 20220909 2,770.00 CHECK 476109 TOTAL: 2,770.00 476110 09/09/2022 PRTD 116680 HP INC 9016571881 08/10/2022 20220909 16,935.75 HP INC 9016576987 08/11/2022 20220909 11,040.80 CHECK 476110 TOTAL: 27,976.55 476111 09/09/2022 PRTD 160239 HUEBSCH LAUNDRY CO 20167910 08/15/2022 20220909 202.47 CHECK 476111 TOTAL: 202.47 476112 09/09/2022 PRTD 160484 IRONHAWK INDUSTRIAL DISTRIBUTION 10889 08/11/2022 20220909 5,701.97 CHECK 476112 TOTAL: 5,701.97 476113 09/09/2022 PRTD 118322 ITL PATCH COMPANY INC EFA20A4D-0002 08/15/2022 20220909 100.00 ITL PATCH COMPANY INC EDINAPD-0001 08/15/2022 20220909 774.00 CHECK 476113 TOTAL: 874.00 476114 09/09/2022 PRTD 102157 JEFF ELLIS AND ASSOCIATES INC 20110033 08/12/2022 20220909 1,150.00 CHECK 476114 TOTAL: 1,150.00 476115 09/09/2022 PRTD 132592 JF AHERN CO 521682 08/09/2022 20220909 260.00 CHECK 476115 TOTAL: 260.00 476116 09/09/2022 PRTD 100835 ARTISAN BEER COMPANY 3554767 08/18/2022 20220909 484.70 ARTISAN BEER COMPANY 3554770 08/18/2022 20220909 2,326.45 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 14 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ARTISAN BEER COMPANY 3554769 08/18/2022 20220909 104.00 ARTISAN BEER COMPANY 3554766 08/18/2022 20220909 2,139.25 CHECK 476116 TOTAL: 5,054.40 476117 09/09/2022 PRTD 100835 PHILLIPS WINE & SPIRITS 6448502 08/18/2022 20220909 2,005.47 PHILLIPS WINE & SPIRITS 6448503 08/18/2022 20220909 619.65 PHILLIPS WINE & SPIRITS 6448504 08/18/2022 20220909 61.35 PHILLIPS WINE & SPIRITS 6445820 08/18/2022 20220909 1,317.45 PHILLIPS WINE & SPIRITS 6448519 08/18/2022 20220909 569.72 PHILLIPS WINE & SPIRITS 6448518 08/18/2022 20220909 57.70 PHILLIPS WINE & SPIRITS 6448517 08/18/2022 20220909 325.40 PHILLIPS WINE & SPIRITS 6448516 08/18/2022 20220909 293.40 PHILLIPS WINE & SPIRITS 6448512 08/18/2022 20220909 333.70 PHILLIPS WINE & SPIRITS 6448511 08/18/2022 20220909 83.85 PHILLIPS WINE & SPIRITS 6448510 08/18/2022 20220909 1,405.87 PHILLIPS WINE & SPIRITS 6448509 08/18/2022 20220909 82.70 PHILLIPS WINE & SPIRITS 6448508 08/18/2022 20220909 162.70 PHILLIPS WINE & SPIRITS 6448507 08/18/2022 20220909 661.50 PHILLIPS WINE & SPIRITS 6448506 08/18/2022 20220909 326.75 PHILLIPS WINE & SPIRITS 6448505 08/18/2022 20220909 785.69 CHECK 476117 TOTAL: 9,092.90 476118 09/09/2022 PRTD 100835 WINE MERCHANTS 7392148 08/18/2022 20220909 959.45 WINE MERCHANTS 7392147 08/18/2022 20220909 2,091.55 WINE MERCHANTS 7392151 08/18/2022 20220909 1,846.16 WINE MERCHANTS 7392149 08/18/2022 20220909 1,196.15 WINE MERCHANTS 745668 08/11/2022 20220909 -24.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 15 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476118 TOTAL: 6,069.31 476119 09/09/2022 PRTD 100835 JOHNSON BROTHERS LIQUOR CO 2118447 08/18/2022 20220909 76.70 JOHNSON BROTHERS LIQUOR CO 2118448 08/18/2022 20220909 586.28 JOHNSON BROTHERS LIQUOR CO 2118449 08/18/2022 20220909 166.35 JOHNSON BROTHERS LIQUOR CO 2118450 08/18/2022 20220909 1,252.10 JOHNSON BROTHERS LIQUOR CO 2118451 08/18/2022 20220909 378.11 JOHNSON BROTHERS LIQUOR CO 2118452 08/18/2022 20220909 283.05 JOHNSON BROTHERS LIQUOR CO 2118454 08/18/2022 20220909 807.36 JOHNSON BROTHERS LIQUOR CO 2118455 08/18/2022 20220909 2,172.15 JOHNSON BROTHERS LIQUOR CO 2118456 08/18/2022 20220909 133.35 JOHNSON BROTHERS LIQUOR CO 2118457 08/18/2022 20220909 498.18 JOHNSON BROTHERS LIQUOR CO 2118477 08/18/2022 20220909 204.70 JOHNSON BROTHERS LIQUOR CO 2118476 08/18/2022 20220909 283.32 JOHNSON BROTHERS LIQUOR CO 2118475 08/18/2022 20220909 133.35 JOHNSON BROTHERS LIQUOR CO 2118474 08/18/2022 20220909 2,239.59 JOHNSON BROTHERS LIQUOR CO 2118473 08/18/2022 20220909 481.81 JOHNSON BROTHERS LIQUOR CO 2118472 08/18/2022 20220909 873.45 JOHNSON BROTHERS LIQUOR CO 2118471 08/18/2022 20220909 2,421.18 JOHNSON BROTHERS LIQUOR CO 2118470 08/18/2022 20220909 899.90 JOHNSON BROTHERS LIQUOR CO 2118467 08/18/2022 20220909 291.71 JOHNSON BROTHERS LIQUOR CO 2118466 08/18/2022 20220909 2,391.68 JOHNSON BROTHERS LIQUOR CO 2118465 08/18/2022 20220909 400.05 JOHNSON BROTHERS LIQUOR CO 2118464 08/18/2022 20220909 4,091.16 JOHNSON BROTHERS LIQUOR CO 2118463 08/18/2022 20220909 746.90 JOHNSON BROTHERS LIQUOR CO 2118462 08/18/2022 20220909 33.35 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 16 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET JOHNSON BROTHERS LIQUOR CO 2118461 08/18/2022 20220909 858.80 JOHNSON BROTHERS LIQUOR CO 2118460 08/18/2022 20220909 120.70 JOHNSON BROTHERS LIQUOR CO 2118459 08/18/2022 20220909 435.06 JOHNSON BROTHERS LIQUOR CO 2118458 08/18/2022 20220909 1,406.05 JOHNSON BROTHERS LIQUOR CO 2118453 08/18/2022 20220909 66.70 JOHNSON BROTHERS LIQUOR CO 217160 08/18/2022 20220909 -.67 JOHNSON BROTHERS LIQUOR CO 215810 08/10/2022 20220909 -22.50 CHECK 476119 TOTAL: 24,709.92 476120 09/09/2022 PRTD 102113 AUDRANN INC 1380994 08/10/2022 20220909 359.97 CHECK 476120 TOTAL: 359.97 476121 09/09/2022 PRTD 160493 JT HARDWARE SPECIALTIES 2684 08/11/2022 20220909 2,147.20 CHECK 476121 TOTAL: 2,147.20 476122 09/09/2022 PRTD 103409 KELBRO COMPANY 2799239 08/18/2022 20220909 77.90 KELBRO COMPANY 2799320 08/18/2022 20220909 92.50 KELBRO COMPANY 2802941 08/20/2022 20220909 28.55 KELBRO COMPANY 2802942 08/20/2022 20220909 156.00 CHECK 476122 TOTAL: 354.95 476123 09/09/2022 PRTD 136686 LARA SCHINKE-OLSON INCE 14955190 08/13/2022 20220909 272.00 CHECK 476123 TOTAL: 272.00 476124 09/09/2022 PRTD 100944 KIWI KAI IMPORTS INC 174886 08/16/2022 20220909 927.70 CHECK 476124 TOTAL: 927.70 476125 09/09/2022 PRTD 160469 L-Z TRUCK EQUIPMENT INC 113562 08/12/2022 22200057 20220909 8,740.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 17 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476125 TOTAL: 8,740.00 476126 09/09/2022 PRTD 151166 LAMIS, JAMES 220702.1 07/31/2022 20220909 1,832.50 CHECK 476126 TOTAL: 1,832.50 476127 09/09/2022 PRTD 101220 LANO EQUIPMENT INC 01-932484 08/11/2022 20220909 250.00 CHECK 476127 TOTAL: 250.00 476128 09/09/2022 PRTD 100852 LAWSON PRODUCTS INC 9309823308 08/09/2022 20220909 776.65 LAWSON PRODUCTS INC 9309831847 08/11/2022 20220909 144.74 LAWSON PRODUCTS INC 9309833951 08/11/2022 20220909 619.87 CHECK 476128 TOTAL: 1,541.26 476129 09/09/2022 PRTD 131846 LEGACY SERVICES CORPORATION 22-0258ENV1 07/02/2022 20220909 10,644.00 LEGACY SERVICES CORPORATION 22-0258ENV2 07/02/2022 20220909 6,504.00 CHECK 476129 TOTAL: 17,148.00 476130 09/09/2022 PRTD 135867 LIBATION PROJECT 48646 08/23/2022 20220909 174.00 LIBATION PROJECT 48647 08/23/2022 20220909 119.33 CHECK 476130 TOTAL: 293.33 476131 09/09/2022 PRTD 117026 LIFE-ASSIST INC 1234560 07/28/2022 20220909 352.66 LIFE-ASSIST INC 1240380 08/15/2022 20220909 346.14 CHECK 476131 TOTAL: 698.80 476132 09/09/2022 PRTD 146427 LUCID BREWING LLC 14348 08/18/2022 20220909 92.00 LUCID BREWING LLC 14382 08/23/2022 20220909 100.00 CHECK 476132 TOTAL: 192.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 18 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476133 09/09/2022 PRTD 141916 LUPULIN BREWING COMPANY 47089 08/19/2022 20220909 189.00 LUPULIN BREWING COMPANY 47049 08/18/2022 20220909 138.00 CHECK 476133 TOTAL: 327.00 476134 09/09/2022 PRTD 123848 LVC COMPANIES INC 94559 08/15/2022 20220909 280.00 CHECK 476134 TOTAL: 280.00 476135 09/09/2022 PRTD 160320 PESCHONG, MATTHEW 173-FINAL 09/08/2022 20220909 850.00 CHECK 476135 TOTAL: 850.00 476136 09/09/2022 PRTD 134063 MANSFIELD OIL COMPANY 23514783 08/15/2022 20220909 1,441.86 MANSFIELD OIL COMPANY 23514835 08/15/2022 20220909 12,059.53 CHECK 476136 TOTAL: 13,501.39 476137 09/09/2022 PRTD 122554 MATHESON TRI-GAS INC 0026078361 07/31/2022 20220909 57.41 CHECK 476137 TOTAL: 57.41 476138 09/09/2022 PRTD 160372 MAVO SYSTEMS INC 9155 08/10/2022 20220909 3,850.00 CHECK 476138 TOTAL: 3,850.00 476139 09/09/2022 PRTD 101483 MENARDS 46146 08/09/2022 20220909 578.29 CHECK 476139 TOTAL: 578.29 476140 09/09/2022 PRTD 101483 MENARDS 66834 08/11/2022 20220909 22.29 MENARDS 67045 08/15/2022 20220909 15.96 MENARDS 67055 08/15/2022 20220909 11.92 MENARDS 66780 08/10/2022 20220909 12.34 MENARDS 66783-7142 08/10/2022 20220909 366.73 MENARDS 66692 08/09/2022 20220909 42.32 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 19 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET MENARDS 66709 08/09/2022 20220909 15.96 CHECK 476140 TOTAL: 487.52 476141 09/09/2022 PRTD 102729 METROPOLITAN FORD LLC CM529054 08/15/2022 20220909 -56.32 METROPOLITAN FORD LLC 529054 08/10/2022 20220909 569.33 METROPOLITAN FORD LLC 529078 08/11/2022 20220909 248.36 METROPOLITAN FORD LLC 529066 08/10/2022 20220909 736.03 METROPOLITAN FORD LLC 529041 08/09/2022 20220909 122.03 METROPOLITAN FORD LLC 412522 07/26/2022 20220909 192.59 CHECK 476141 TOTAL: 1,812.02 476142 09/09/2022 PRTD 134420 MILLER, JOHN 08152022 08/15/2022 20220909 288.81 CHECK 476142 TOTAL: 288.81 476143 09/09/2022 PRTD 136248 MINNESOTA EQUIPMENT INC P79507 08/04/2022 20220909 -65.08 MINNESOTA EQUIPMENT INC P80227 08/15/2022 20220909 2,506.44 CHECK 476143 TOTAL: 2,441.36 476144 09/09/2022 PRTD 112908 MINNESOTA ROADWAYS COMPANY 86541 08/09/2022 20220909 1,305.00 CHECK 476144 TOTAL: 1,305.00 476145 09/09/2022 PRTD 113638 MINNESOTA NATIVE LANDSCAPES INC 35227 08/09/2022 20220909 275.00 CHECK 476145 TOTAL: 275.00 476146 09/09/2022 PRTD 140955 MODIST BREWING LLC E-33954 08/23/2022 20220909 195.00 CHECK 476146 TOTAL: 195.00 476147 09/09/2022 PRTD 122019 MOORE CREATIVE TALENT INC 148178 08/09/2022 20220909 960.00 CHECK 476147 TOTAL: 960.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 20 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476148 09/09/2022 PRTD 100906 MTI DISTRIBUTING INC 1358898-00 08/10/2022 20220909 1,614.72 CHECK 476148 TOTAL: 1,614.72 476149 09/09/2022 PRTD 160204 WILSON, CLARICE ANN SUMMER 2022 08/15/2022 20220909 17,128.80 CHECK 476149 TOTAL: 17,128.80 476150 09/09/2022 PRTD 100920 GENUINE PARTS COMPANY 3599-178044 08/11/2022 20220909 -18.00 GENUINE PARTS COMPANY 3599-178043 08/11/2022 20220909 179.49 CHECK 476150 TOTAL: 161.49 476151 09/09/2022 PRTD 100076 NEW FRANCE WINE CO 189974 07/12/2022 20220909 2.50 CHECK 476151 TOTAL: 2.50 476152 09/09/2022 PRTD 104350 NIKE USA INC 9656711718 07/18/2022 20220909 66.51 NIKE USA INC 9656987805 07/19/2022 20220909 116.40 CHECK 476152 TOTAL: 182.91 476153 09/09/2022 PRTD 139023 NUSS TRUCK GROUP INC 7191104P 08/11/2022 20220909 443.23 NUSS TRUCK GROUP INC 7191174P 08/10/2022 20220909 290.35 CHECK 476153 TOTAL: 733.58 476154 09/09/2022 PRTD 160500 OLD NATIONAL BANK TIF-PNT VILL-8/29/2208/29/2022 20220909 279,687.73 CHECK 476154 TOTAL: 279,687.73 476155 09/09/2022 PRTD 126729 OMANN BROTHERS PAVING INC 16289 08/10/2022 20220909 4,944.99 OMANN BROTHERS PAVING INC 16300 08/11/2022 20220909 5,315.72 CHECK 476155 TOTAL: 10,260.71 476156 09/09/2022 PRTD 999996 Fiebiger, Rolf 44965853-REFUND 08/26/2022 20220909 59.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 21 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476156 TOTAL: 59.00 476157 09/09/2022 PRTD 999996 Niemiec, Alyssa 44966142-REFUND 08/26/2022 20220909 59.00 CHECK 476157 TOTAL: 59.00 476158 09/09/2022 PRTD 999996 Ollhoff, Nicole 44966174-REFUND 08/26/2022 20220909 59.00 CHECK 476158 TOTAL: 59.00 476159 09/09/2022 PRTD 999996 Ruben, Adam 44966244-REFUND 08/26/2022 20220909 59.00 CHECK 476159 TOTAL: 59.00 476160 09/09/2022 PRTD 999996 Wernsman, Stefanie 44966285-REFUND 08/26/2022 20220909 59.00 CHECK 476160 TOTAL: 59.00 476161 09/09/2022 PRTD 999996 Worrall, Robert 44966321-REFUND 08/26/2022 20220909 59.00 CHECK 476161 TOTAL: 59.00 476162 09/09/2022 PRTD 999997 Colonial Church 00089363-8/25/2022 08/25/2022 20220909 17,900.05 CHECK 476162 TOTAL: 17,900.05 476163 09/09/2022 PRTD 999997 M-M Bloomington Assoc LLC 00112301-8/29/2022 08/29/2022 20220909 10,622.71 CHECK 476163 TOTAL: 10,622.71 476164 09/09/2022 PRTD 999997 M-M Bloomington Assoc LLC 00107524-8/29/2022 08/29/2022 20220909 2,138.18 CHECK 476164 TOTAL: 2,138.18 476165 09/09/2022 PRTD 999997 Morgan, Mikel 00123640-9/1/2022 09/01/2022 20220909 594.80 CHECK 476165 TOTAL: 594.80 476166 09/09/2022 PRTD 999997 Wild, Justin 00118909-9/1/2022 09/01/2022 20220909 21.03 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 22 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476166 TOTAL: 21.03 476167 09/09/2022 PRTD 100945 PEPSI-COLA COMPANY 28567010 08/22/2022 20220909 1,292.79 PEPSI-COLA COMPANY 20120809 08/19/2022 20220909 295.98 CHECK 476167 TOTAL: 1,588.77 476168 09/09/2022 PRTD 149249 PEQUOD DISTRIBUTING W-158846 08/18/2022 20220909 222.50 PEQUOD DISTRIBUTING w-158848 08/18/2022 20220909 269.00 PEQUOD DISTRIBUTING W-158551 08/18/2022 20220909 325.50 PEQUOD DISTRIBUTING W-158549 08/18/2022 20220909 272.50 PEQUOD DISTRIBUTING W-158847 08/18/2022 20220909 172.00 CHECK 476168 TOTAL: 1,261.50 476169 09/09/2022 PRTD 100954 PIONEER RIM & WHEEL COMPANY 01CN6567 08/11/2022 20220909 1,104.72 CHECK 476169 TOTAL: 1,104.72 476170 09/09/2022 PRTD 130926 PLANTSCAPE INC 370711 08/15/2022 20220909 2,335.06 CHECK 476170 TOTAL: 2,335.06 476171 09/09/2022 PRTD 100958 PLUNKETT'S PEST CONTROL 7667918 08/11/2022 20220909 105.31 CHECK 476171 TOTAL: 105.31 476172 09/09/2022 PRTD 106322 SCHENCK, DAVID 159955 08/09/2022 20220909 388.89 SCHENCK, DAVID 160008 08/11/2022 20220909 134.03 SCHENCK, DAVID 159997 08/15/2022 20220909 812.64 SCHENCK, DAVID 159998 08/15/2022 20220909 1,043.49 SCHENCK, DAVID 160009 08/15/2022 20220909 287.88 CHECK 476172 TOTAL: 2,666.93 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 23 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476173 09/09/2022 PRTD 143618 PRYES BREWING COMPANY LLC W-41738 08/18/2022 20220909 463.00 CHECK 476173 TOTAL: 463.00 476174 09/09/2022 PRTD 139392 Q-FREE TCS INC 12591 08/12/2022 20220909 3,875.00 CHECK 476174 TOTAL: 3,875.00 476175 09/09/2022 PRTD 131685 QUADIENT LEASING US, INC. N9537159 08/12/2022 20220909 871.95 CHECK 476175 TOTAL: 871.95 476176 09/09/2022 PRTD 160142 QUINLIVAN & HUGHES, PA 157114 08/09/2022 20220909 23.50 CHECK 476176 TOTAL: 23.50 476177 09/09/2022 PRTD 100466 R & R PRODUCTS INC CD2708081 08/11/2022 20220909 331.80 CHECK 476177 TOTAL: 331.80 476178 09/09/2022 PRTD 100972 R & R SPECIALTIES INC 0076271-IN 08/09/2022 20220909 218.70 CHECK 476178 TOTAL: 218.70 476179 09/09/2022 PRTD 133091 RANGE SERVANT AMERICA INC 118214 08/11/2022 20220909 4,280.43 CHECK 476179 TOTAL: 4,280.43 476180 09/09/2022 PRTD 132465 RANGE SYSTEMS INC 29527 08/09/2022 20220909 800.00 CHECK 476180 TOTAL: 800.00 476181 09/09/2022 PRTD 100977 RICHFIELD PLUMBING COMPANY 85337 08/12/2022 20220909 1,040.00 CHECK 476181 TOTAL: 1,040.00 476182 09/09/2022 PRTD 102408 RIGID HITCH INCORPORATED 1928706010 08/09/2022 20220909 66.37 RIGID HITCH INCORPORATED 1928706367 08/10/2022 20220909 104.26 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 24 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476182 TOTAL: 170.63 476183 09/09/2022 PRTD 101659 ORKIN 229985726 08/09/2022 20220909 63.00 ORKIN 230617661 08/12/2022 20220909 90.00 ORKIN 229985377 08/15/2022 20220909 149.47 CHECK 476183 TOTAL: 302.47 476184 09/09/2022 PRTD 117099 EARL F ANDERSEN INC 0129887-IN 06/22/2022 20220909 4,790.95 CHECK 476184 TOTAL: 4,790.95 476185 09/09/2022 PRTD 144553 SALTCO LLC 92295 08/15/2022 20220909 70.00 CHECK 476185 TOTAL: 70.00 476186 09/09/2022 PRTD 104689 SERIGRAPHICS SIGN SYSTEMS INC 64207-Final 08/16/2022 20220909 265.50 CHECK 476186 TOTAL: 265.50 476187 09/09/2022 PRTD 132210 RUSCIANO GROUP INC 68575 08/11/2022 20220909 765.00 CHECK 476187 TOTAL: 765.00 476188 09/09/2022 PRTD 100995 SHORT-ELLIOT-HENDRICKSON INCORPOR 431197 08/12/2022 20220909 5,161.01 CHECK 476188 TOTAL: 5,161.01 476189 09/09/2022 PRTD 120784 WALSH GRAPHICS INC 17475 08/09/2022 20220909 232.00 WALSH GRAPHICS INC 17355 08/09/2022 20220909 302.00 WALSH GRAPHICS INC 17491 08/15/2022 20220909 185.00 CHECK 476189 TOTAL: 719.00 476190 09/09/2022 PRTD 137482 SITEONE LANDSCAPE SUPPLY LLC 121302723-001 08/09/2022 20220909 53.57 CHECK 476190 TOTAL: 53.57 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 25 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476191 09/09/2022 PRTD 132195 SMALL LOT MN MN55769 08/23/2022 20220909 333.08 SMALL LOT MN MN55794 08/23/2022 20220909 109.04 CHECK 476191 TOTAL: 442.12 476192 09/09/2022 PRTD 100430 SNAP-ON INDUSTRIAL ARV/53953477 08/09/2022 20220909 120.79 SNAP-ON INDUSTRIAL ARV/54006117 08/12/2022 20220909 44.27 CHECK 476192 TOTAL: 165.06 476193 09/09/2022 PRTD 145599 SSI MN TRANCHE 1 LLC 36895 08/15/2022 20220909 55,478.22 CHECK 476193 TOTAL: 55,478.22 476194 09/09/2022 PRTD 145599 SSI MN TRANCHE 2 LLC 36896 08/15/2022 20220909 2,371.44 CHECK 476194 TOTAL: 2,371.44 476195 09/09/2022 PRTD 139006 OFFICE OF MNIT SERVICES W22070543 08/12/2022 20220909 308.70 CHECK 476195 TOTAL: 308.70 476196 09/09/2022 PRTD 139006 OFFICE OF MNIT SERVICES W22070540 08/12/2022 20220909 1,602.18 CHECK 476196 TOTAL: 1,602.18 476197 09/09/2022 PRTD 139006 MINNESOTA'S BOOKSTORE 00000712015 08/11/2022 20220909 54.00 CHECK 476197 TOTAL: 54.00 476198 09/09/2022 PRTD 139006 MINNESOTA'S BOOKSTORE 00000712635 08/17/2022 20220909 54.00 CHECK 476198 TOTAL: 54.00 476199 09/09/2022 PRTD 139006 MINNESOTA'S BOOKSTORE 00000713432 08/25/2022 20220909 54.00 CHECK 476199 TOTAL: 54.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 26 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476200 09/09/2022 PRTD 102390 STRAND MANUFACTURING COMPANY INC 31683 07/07/2022 20220909 247.08 CHECK 476200 TOTAL: 247.08 476201 09/09/2022 PRTD 101015 STREICHERS INC I1584007 08/10/2022 20220909 53.00 STREICHERS INC I1584573 08/15/2022 20220909 224.98 CHECK 476201 TOTAL: 277.98 476202 09/09/2022 PRTD 143566 WOODS, MINDY A 0000128 08/12/2022 20220909 450.00 CHECK 476202 TOTAL: 450.00 476203 09/09/2022 PRTD 101017 SUBURBAN CHEVROLET 59620P 08/15/2022 20220909 228.05 SUBURBAN CHEVROLET 59751P 08/15/2022 20220909 278.20 CHECK 476203 TOTAL: 506.25 476204 09/09/2022 PRTD 119864 SYSCO MINNESOTA INC 447177696 08/11/2022 20220909 1,591.08 CHECK 476204 TOTAL: 1,591.08 476205 09/09/2022 PRTD 104932 TAYLOR MADE 36151156 08/11/2022 20220909 117.85 CHECK 476205 TOTAL: 117.85 476206 09/09/2022 PRTD 129923 CONTEMPORARY INC V871199 08/11/2022 20220909 36.31 CHECK 476206 TOTAL: 36.31 476207 09/09/2022 PRTD 123129 TIMESAVER OFF SITE SECRETARIAL IN M27531 08/12/2022 20220909 600.00 CHECK 476207 TOTAL: 600.00 476208 09/09/2022 PRTD 134673 TOTAL MECHANICAL SYSTEMS INC S4001 08/11/2022 20220909 1,159.00 TOTAL MECHANICAL SYSTEMS INC S3970 08/11/2022 20220909 315.00 TOTAL MECHANICAL SYSTEMS INC S3980 08/11/2022 20220909 1,056.50 TOTAL MECHANICAL SYSTEMS INC S3991 08/11/2022 20220909 545.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 27 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476208 TOTAL: 3,075.50 476209 09/09/2022 PRTD 136342 TRAVISMATHEW LLC 90880160 08/10/2022 20220909 92.70 TRAVISMATHEW LLC 90881678 08/10/2022 20220909 131.34 CHECK 476209 TOTAL: 224.04 476210 09/09/2022 PRTD 160494 TREE TRUST NextGenTree-081122 08/11/2022 20220909 77,166.00 CHECK 476210 TOTAL: 77,166.00 476211 09/09/2022 PRTD 103973 ULINE INC 152498336 08/10/2022 20220909 343.83 CHECK 476211 TOTAL: 343.83 476212 09/09/2022 PRTD 142790 UNDERGROUND UTILITY SPECIALTIES I 489 08/12/2022 20220909 9,200.00 CHECK 476212 TOTAL: 9,200.00 476213 09/09/2022 PRTD 145567 UNMAPPED BREWING COMPANY LLC E-1935 08/18/2022 20220909 144.00 UNMAPPED BREWING COMPANY LLC E-1934 08/18/2022 20220909 111.00 CHECK 476213 TOTAL: 255.00 476214 09/09/2022 PRTD 160436 BENJAMIN HUGUS E-2606 08/23/2022 20220909 360.00 BENJAMIN HUGUS E-2607 08/23/2022 20220909 129.00 BENJAMIN HUGUS E-2608 08/23/2022 20220909 111.00 CHECK 476214 TOTAL: 600.00 476215 09/09/2022 PRTD 144033 USS MINNESOTA ONE MT LLC 36894 08/15/2022 20220909 7,316.70 CHECK 476215 TOTAL: 7,316.70 476216 09/09/2022 PRTD 101058 VAN PAPER COMPANY 008625 08/10/2022 20220909 65.74 CHECK 476216 TOTAL: 65.74 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 28 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 476217 09/09/2022 PRTD 148579 VIERKANT DISPOSAL LLC 7/1/22 - 7/31/22 08/10/2022 20220909 67,985.00 CHECK 476217 TOTAL: 67,985.00 476218 09/09/2022 PRTD 101066 VIKING ELECTRIC SUPPLY S006089028.001 08/10/2022 20220909 237.24 CHECK 476218 TOTAL: 237.24 476219 09/09/2022 PRTD 119454 VINOCOPIA INC 0310799-IN 08/18/2022 20220909 169.00 VINOCOPIA INC 0310805-IN 08/18/2022 20220909 2,083.00 VINOCOPIA INC 0310804-IN 08/18/2022 20220909 1,831.92 VINOCOPIA INC 0310916-IN 08/19/2022 20220909 314.25 VINOCOPIA INC 0310798-IN 08/18/2022 20220909 113.25 CHECK 476219 TOTAL: 4,511.42 476220 09/09/2022 PRTD 120627 VISTAR 65377848 08/09/2022 20220909 83.94 VISTAR 65419819 08/12/2022 20220909 1,527.57 VISTAR 65440221 08/15/2022 20220909 36.81 CHECK 476220 TOTAL: 1,648.32 476221 09/09/2022 PRTD 143468 PORTAGE BREWING COMPANY 002673 08/16/2022 20220909 115.50 CHECK 476221 TOTAL: 115.50 476222 09/09/2022 PRTD 100183 WASHINGTON COUNTY 205696 08/29/2022 20220909 1,676.51 CHECK 476222 TOTAL: 1,676.51 476223 09/09/2022 PRTD 130574 WATSON COMPANY 127664 08/11/2022 20220909 412.24 CHECK 476223 TOTAL: 412.24 476224 09/09/2022 PRTD 101033 WINE COMPANY 212550 08/19/2022 20220909 116.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 09/08/2022 13:53User: STanGeilProgram ID: apcshdsb Page 29 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 476224 TOTAL: 116.00 476225 09/09/2022 PRTD 130471 WINFIELD SOLUTIONS LLC 65186840 08/09/2022 20220909 3,615.62 WINFIELD SOLUTIONS LLC 65186844 08/09/2022 20220909 1,041.24 WINFIELD SOLUTIONS LLC 65217305 08/30/2022 20220909 -652.22 CHECK 476225 TOTAL: 4,004.64 476226 09/09/2022 PRTD 124503 WINSUPPLY EDEN PRAIRIE MN CO 231514 01 08/03/2022 20220909 62.22 WINSUPPLY EDEN PRAIRIE MN CO 231936 01 08/10/2022 20220909 30.43 WINSUPPLY EDEN PRAIRIE MN CO 232173 01 08/15/2022 20220909 49.93 CHECK 476226 TOTAL: 142.58 476227 09/09/2022 PRTD 142162 WOODEN HILL BREWING COMPANY LLC 3660 08/18/2022 20220909 119.40 WOODEN HILL BREWING COMPANY LLC 3659 08/18/2022 20220909 119.40 WOODEN HILL BREWING COMPANY LLC 3658 08/18/2022 20220909 310.50 CHECK 476227 TOTAL: 549.30 NUMBER OF CHECKS 200 *** CASH ACCOUNT TOTAL *** 1,318,984.00 COUNT AMOUNT TOTAL PRINTED CHECKS 200 1,318,984.00 *** GRAND TOTAL *** 1,318,984.00 Date: September 20, 2022 Agenda Item #: VI.C. To:Mayor and City Council Item Type: Report / Recommendation From:Andrew Scipioni, Transportation Planner Item Activity: Subject:Resolution 2022-83: Approving the 2023 Budget and Dues Increase for the I-494 Corridor Commission Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt Resolution 2022-83 approving the the 2023 budget and dues increase for the I-494 Corridor Commission. INTRODUCTION: The I-494 Corridor Commission has proposed a 2023 budget of $602,248 and a membership dues increase from $0.53 per resident to $0.56. Per our Joint Powers Agreement, the Council of each member party shall approve, modify or reject the proposed Commission budget and the party's financial contribution. The exact amount of this increase is currently unknown as the Commission relies upon the Metropolitan Council's population estimates and those for 2023 are not yet available. Using the 2022 population estimates, the increase for the City of Edina would be approximately $1,900. ATTACHMENTS: Description Resolution 2022-83: Approving the 2023 Budget and Dues Increase for the I-494 Corridor Commission 494 Corridor Commission Letter to Edina RESOLUTION NO. 2022-83 APPROVING THE 2023 BUDGET AND DUES INCREASE FOR THE I-494 CORRIDOR COMMISSION WHEREAS, The City of Edina is a member of the I-494 Corridor Commission, a joint powers organization with the purpose of more effectively and efficiently moving people and goods around the I-494 Corridor; and WHEREAS, the Joint Powers Agreement for the I-494 Corridor Commission requires members to “approve, modify or reject the proposed Commission budget and the Party’s financial contribution” each calendar year; and WHEREAS, The I-494 Corridor Commission received a one-time allocation of $300,000 from the State of Minnesota for telework outreach to be used between 2022 and 2023; and WHEREAS, The I-494 Corridor Commissioners have recommended a $602,248 budget for 2023 (a decrease of $30,365 from the 2022 budget), which will be primarily funded by federal and state government grants; and WHEREAS, The I-494 Corridor Commissioners have recommended a membership dues increase from $0.53 per resident in 2022 to $0.56 per resident in 2023 to cover expenses that will not be eligible for state telework funds; and WHEREAS, the proposed dues increase for the City of Edina is expected to be approximately $1,900; and WHEREAS, the 2023 budget and dues increase is intended to advance the successful work of the I-494 Corridor Commission during a time when several major freeway construction projects will be underway; NOW, THEREFORE, BE IT RESOLVED, the City of Edina approves the I-494 Corridor Commission 2023 budget of $602,248 and the 2023 dues increase to $0.56 per resident. Adopted this 20th day of September, 2022. Attest: Sharon Allison, City Clerk Kevin Staunton, Acting 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 September 20, 2022 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2022. City Clerk Date: September 20, 2022 Agenda Item #: VI.D. To:Mayor and City Council Item Type: Request For Purchase From:Aaron T. Ditzler, P.E., Assistant City Engineer Item Activity: Subject:Reject Bids for Contract ENG 22-18NB West 50th Street and Sunnyslope Road East Turn Lane Improvements Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Reject Bids for Contract ENG 22-18NB West 50th Street and Sunnyslope Road East Turn Lane Improvements. INTRODUCTION: The bids were double the estimated cost of improvements. The project involves adding a left turn lane on eastbound West 50th Street to northbound Sunnyslope Road East. Staff will package this small project with the larger proposed project at Eden Avenue and Willson Road in 2023, which should provide more cost-effective pricing. ATTACHMENTS: Description Bid Results West 50th Street Turn Lane at Sunnyslope Road Improvements (#8286508) Owner: Edina MN, City of Solicitor: Edina MN, City of 09/08/2022 10:00 AM CDT Pember Companies, Inc.JL Theis, Inc. Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Base Bid Section - Required Completion $65,898.75 $74,740.87 1 MOBILIZATION LS 1 $23,200.00 $23,200.00 $9,000.00 $9,000.00 2 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 $4,000.00 $4,000.00 3 CLEARING EA 1 $750.00 $750.00 $1,000.00 $1,000.00 4 GRUBBING EA 1 $375.00 $375.00 $1,800.00 $1,800.00 5 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LF 112 $4.00 $448.00 $12.00 $1,344.00 6 REMOVE CURB & GUTTER LF 100 $13.25 $1,325.00 $25.00 $2,500.00 7 REMOVE BITUMINOUS ROADWAY PAVEMENT SY 45 $16.25 $731.25 $50.00 $2,250.00 8 REMOVE CONCRETE WALK SF 240 $2.50 $600.00 $5.00 $1,200.00 9 REMOVE SIGN EA 1 $75.00 $75.00 $200.00 $200.00 10 COMMON EXCAVATION (EV) (P)CY 45 $75.00 $3,375.00 $200.00 $9,000.00 13 STREET SWEEPER (WITH PICKUP BROOM)HR 10 $130.00 $1,300.00 $30.00 $300.00 14 AGGREGATE BASE, CLASS 5 (CV)CY 29 $80.00 $2,320.00 $140.00 $4,060.00 15 BITUMINOUS MATERIAL FOR TACK COAT GAL 5 $45.00 $225.00 $10.00 $50.00 16 TYPE SP 9.5 WEARING COURSE MIXTURE (SPWEA340B)TON 24 $435.00 $10,440.00 $412.00 $9,888.00 17 SEAL BITUMINOUS JOINT (MnDOT SPEC 3723)LF 112 $30.00 $3,360.00 $24.00 $2,688.00 18 4" CONCRETE WALK WITH 6" CLASS 5 AGGREGATE BASE SF 300 $12.00 $3,600.00 $30.00 $9,000.00 19 CONCRETE CURB & GUTTER DESIGN B618 LF 100 $42.00 $4,200.00 $90.00 $9,000.00 20 CLEAN ROOT CUTTING LF 15 $10.00 $150.00 $5.00 $75.00 21 TREE TRIMMING HR 1 $350.00 $350.00 $55.00 $55.00 22 INLET PROTECTION EA 2 $145.00 $290.00 $200.00 $400.00 23 SIGN TYPE C SF 14 $70.00 $980.00 $126.60 $1,772.40 24 ORGANIC TOPSOIL BORROW (MOD)CY 4 $170.00 $680.00 $160.00 $640.00 25 TURF ESTABLISHMENT SY 21 $22.00 $462.00 $10.00 $210.00 26 4" SOLID LINE WHITE MULTI COMP GR IN (WR)LF 40 $22.25 $890.00 $77.70 $3,108.00 27 PAVEMENT MESSAGE PREF THERMO GR IN SF 15.45 $50.00 $772.50 $77.70 $1,200.47 Fixed Price Section $1,060.00 $1,060.00 11 COMMON LABORER HR 4 $90.00 $360.00 $90.00 $360.00 12 EQUIPMENT RENTAL HR 4 $175.00 $700.00 $175.00 $700.00 Base Bid Total:$66,958.75 $75,800.87 Date: September 20, 2022 Agenda Item #: VI.E. To:Mayor and City Council Item Type: Report / Recommendation From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Approve Agreements with Soo Line Railroad Company dba Canadian Pacific Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Agreements with Soo Line Railroad Company dba Canadian P acific to allow the construction of the overhead pedestrian bridge in the Grandview District at 5146 Eden Avenue (former Public Works site). INTRODUCTION: The agreement allows the City to construct, maintain and operate a pedestrian bridge over CP Rail in accordance to the requirement stated. ATTACHMENTS: Description Agreement License Agreement No. 5127401 Right of Entry License Agreement (Exhibit C) Minimum Safety Requirements for Contractors Working on CP Property (Exhibit D) Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 AGREEMENT THIS AGREEMENT is made and entered into this 1 day of October, 2022 (the “Effective Date”) by and between the City of Edina, Minnesota, a Minnesota municipal corporation (the “City”) and Soo Line Railroad Company d/b/a Canadian Pacific (“CP”), whose business address is 120 South 6th Street, Minneapolis, Minnesota 55402. WITNESSETH WHEREAS, the City proposes to construct a new overhead pedestrian bridge across the right-of-way and track of CP in the City of Edina, Hennepin County, Minnesota (the “Project”); and WHEREAS, the proposed pedestrian bridge will cross one (1) main line track of CP at or near mile post 17.85 on the MN&S Subdivision; and WHEREAS, CP’s property over which the overhead pedestrian bridge shall cross (the “Property”) is depicted in the plan marked Exhibit A attached hereto and incorporated herein, and described in the license agreements marked Exhibits B and C attached hereto and incorporated herein; WHEREAS, the parties desire the construction of the overhead pedestrian bridge to be performed in accordance with plans, specifications and special provisions prepared by the City and approved by CP, and WHEREAS, it is contemplated that said work be carried out by the parties hereto in accordance with Minnesota statutes; and WHEREAS, the classification of the Project is in accordance with the most recent Edition of the Minnesota Department of Transportation’s Standard Specifications for Construction; and WHEREAS, the parties hereto desire to set forth the terms and conditions for establishment, construction, and maintenance of said pedestrian overhead bridge; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement as hereinafter contained, the parties hereto agree as follows: 1. By separate instrument attached as Exhibit B and subject to CP’s rights therein, CP agrees to grant to the City a license for the occupancy of said pedestrian bridge on CP’s Property. The City shall secure or cause to be secured, without cost or assessment to CP, all other rights required for or incidental to the Project except as provided herein. 2. This Agreement is subject to the superior title of CP to the Property and to all other outstanding and superior rights, if any; and the City shall not, by reason of rights hereby granted, acquire or assert title to any of the Property adverse to CP’s title. CP shall have the continuing and compatible right to use and occupy the Property for railroad construction, operation, and maintenance purposes and repair its facilities within the limits of the pedestrian bridge and to construct such other facilities as from time to time it may Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 2 choose. The City’s right to use and maintain the pedestrian bridge is at all times subject to the terms and provisions of this Agreement. 3. The City shall prepare, or cause to be prepared, and submit for CP approval prior to construction of the Project all necessary plans and specifications covering construction of the pedestrian bridge structure, approaches thereto, drainage, and all work incidental thereto generally in the area of CP’s right-of-way and facilities. All substructures and piers within twenty feet (20’) of CP’s right-of-way shall be designed to resist the impact and redirection of locomotives, rail cars, and other rail equipment in the event of a derailment and will be of heavy construction or protected by a pier protection wall in accordance with American Railway Engineering and Maintenance of Way Association (“AREMA”) standards. The parties intend that all construction within CP’s right-of-way will be restricted to the shaded areas designated on the attached Exhibit A. Upon CP’s approval of the plans and specifications, the City shall construct the Project in accordance thereto and will supervise and furnish engineering and inspection for all work performed thereunder. 4. No change shall be made on any approved plan or specification by either party hereto without prior written consent of the other party insofar as the same relates to CP’s facilities or operations. 5. The parties hereto shall perform, or cause to be performed, in accordance with detailed plans and specifications approved by CP, the following items of work: A. Work by the City The City or its contractor or contractors shall furnish or cause to be furnished, at the sole cost and expense of the City, all labor, material, work equipment and tools and perform all work necessary to construct and complete the following: (i) The preparation of the bridge plans and specifications. (ii) The construction of the new Pedestrian Bridge. (iii) The construction of trail and utility improvements adjacent to said bridge including traffic control, grading, paving, drainage and utility work. (iv) The completion of site restoration, including but not limited to restoring drainage and establishing vegetation. (v) Incidental work necessary to complete the items hereinabove specified. (vi) The City shall provide CP with as-built plans upon completion of the Project. B. Work by CP CP or its contractor shall furnish or cause to be furnished, at the sole cost and expense of the City, all labor, material, work equipment and tools and perform all work necessary to construct and complete the following: Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 3 (i) Provide flagging and watchman protection. (ii) Review pedestrian bridge plans and specifications. (iii) Review construction submittals and RFIs, as applicable. (iv) Perform construction observation, as deemed necessary by CP. (v) Incidental work necessary to complete the items hereinabove specified. All CP Work shall be at the City’s cost and expense on a CP supplied materials and labor basis, including review of the City’s plans. CP shall invoice the City monthly for such cost and expense, which the City shall cause to be paid in accordance with its regular procedures, applicable statutes, and regulations. CP’s costs associated with CP Work under this Agreement will be based on CP’s applicable rates and internal overheads (including labor, material and equipment overheads) and any value added, sales, goods and services, or similar tax which may be imposed on any such amounts pursuant to any federal, state, or local law. 6. Upon completion of the Project, the City shall thereafter inspect, maintain, repair, and renew the pedestrian bridge at its sole cost and expense. 7. The City agrees that in the event that any drainage or similar conditions develops on CP’s right-of-way and substantially interferes with CP’s operations because of the Project or its subsequent installation, upon receipt of written notice from CP, the City will promptly remedy or eliminate such condition. 8. CP assumes no responsibility for the design, construction or operation of the pedestrian bridge. To the fullest extent permitted by law, the City shall release, defend, indemnify, and hold harmless CP for any and all accidents, injury and/or property damage that may be result of the design, construction or operation of the pedestrian bridge. This indemnification obligation shall survive the expiration or termination of this Agreement. 9. The Parties agree that railroad traffic must be maintained during Project construction and that train movement and rail operations have priority over Project construction. Rail operations include the movement of rail equipment as well as trains, and the construction or repair of railroad track, structures, communications, and appurtenances thereto. The City agrees that in the event the Project causes any condition on CP’s right-of-way that substantially interferes with railroad operations, upon receipt of CP’s written notice, the City will promptly remedy or eliminate such condition. 10. If any tracks, facilities, or equipment owned, used, or maintained by CP are damaged in connection with the City’s Work, CP will repair (or arrange for the repair of) such damage and the City will pay the full cost of such repair. Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 4 11. Prior to entering the Property, the City or its contractor will arrange to execute CP’s standard Right of Entry License Agreement (“ROE License Agreement”) attached as Exhibit C; and must adhere to CP’s standard Minimum Safety Requirements for Contractors attached hereto and marked as Exhibit D. In addition, the City and its contractor must at all times when on railroad property use personal protective equipment as follows: hard hats, orange reflectorized safety vests, safety glasses and safety boots. All City Work and related activities of the City and its employees, agents, and contractors in connection with this Agreement shall be deemed “Work” under the License Agreement, and shall be subject to all the terms and conditions of the License Agreement, and all rights, obligations, and remedies of the parties under the License Agreement with respect to such Work shall be cumulative to those provided hereunder. 12. The City shall secure, at the City’s own expense, any permits or licenses required by state or local laws or ordinances and shall comply with all applicable laws, including but not limited to any laws, regulations, standards and permit requirements relating to environmental pollution or contamination or to occupational health and safety. 13. In the event that the City does not enter into a contract for construction of the Project contemplated by this agreement on or before a day twelve (12) months after the date this Agreement is fully executed, then either party may, at any time thereafter, serve notice of cancellation upon the other party, by registered mail, and this Agreement shall immediately be cancelled and terminated. 14. The obligations of the parties under this Agreement, other than payment, shall be subject to force majeure (which shall include strikes, riots, floods, accidents, Acts of God, and other causes or circumstances beyond the reasonable control of the party claiming such force majeure as an excuse for non-performance), but only as long as, and to the extent that, such force majeure shall prevent performance of the obligations. In the event that an incident of force majeure impairs a party’s ability to fulfill its obligations to the other party under this Agreement, said party shall take reasonable measures to restore performance of its obligations in a timely manner. 15. This Agreement and each and every provision hereof is for the exclusive benefit of the parties hereto and not for the benefit of any third person. Nothing herein contained shall be taken as creating or increasing any right of any third person to recover by way of damages or otherwise against any party hereto. 16. No consent or waiver, expressed or implied, by a party of any breach or default by the other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance hereunder by such other party. Failure on the part of a party to complain of any act or failure of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first mentioned party of its rights hereunder. Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 5 17. Each definition in this Agreement includes the singular and the plural, and references in this Agreement to the neuter gender include the masculine and feminine where appropriate. References herein to any agreement or contract mean such agreement or contract as amended. As used in this Agreement, the word “including” means “without limitation”, and the words “herein”, “hereof” and “hereunder” refer to this Agreement as a whole. All dollar amounts stated herein are in United States currency. 18. The division of this Agreement into sections and subsections and the insertion of headings and section numbers are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. Unless the context otherwise requires, all references to sections are to sections of this Agreement. 19. Nothing herein shall be interpreted as creating an association, partnership, joint venture or other joint undertaking between the parties hereto. 20. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota without regard to any choice or conflict of laws principles (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 21. If for any reason any provision of this Agreement shall be determined to be invalid or unenforceable, the validity or enforceability of the other provisions hereof shall not be affected thereby. The parties hereto acknowledge and agree that in the event any term or provision herein is determined to be unenforceable as written, but could be enforced if limited, then such provision shall be enforced to the fullest extent permitted by law. 22. The language used in this Agreement should be deemed the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against either party. 23. This Agreement is the full, complete, and entire agreement of the parties with respect to the subjects hereof, and any and all prior writings, representations, and negotiations with respect to those subjects are superseded by this Agreement. No term or provision of this Agreement may be changed, waived, discharged or terminated except by an instrument in writing and signed by both parties. 24. This Agreement shall be binding upon, and inure to the benefit of, the parties’ respective successors and assigns. 25. This Agreement may be executed in counterparts, which together shall constitute one and the same document. The parties may execute more than one copy of this Agreement, each of which shall constitute an original. Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered as an original by their duly authorized officers effective when the City and CP have endorsed their acceptance thereon. THE CITY OF EDINA SOO LINE RAILROAD COMPANY BY: _____________________ BY: _____________________ Daniel Sabatka BY: _____________________ Director Public Works Attest: ___________________ BY: _____________________ Brian Osborne Manager Public Works Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 EXHIBIT A Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 EXHIBIT B Occupancy License Agreement Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 EXHIBIT C Right of Entry License Agreement Edina Pedestrian Bridge Minnesota/2049519.0119/155169506.1 EXHIBIT D Minimum Safety Requirements for Contractors License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 1 of 12 License Agreement No. 5127401 1. THIS AGREEMENT is made by and between SOO LINE RAILROAD COMPANY, a Minnesota corporation doing business as Canadian Pacific with general offices at: Address Contact Info Real Estate Department 700 Canadian Pacific Plaza 120 South Sixth Street Minneapolis, Minnesota 55402 Name: Amy Andrews Phone: 612-851-5794 Fax: 612-904-6147 Email: Amy_Andrews@cpr.ca hereinafter called “CP,” and the CITY OF EDINA, MINNESOTA, a Minnesota municipal corporation, whose address for matters concerning this Agreement is: Address Contact Info 7450 Metro Blvd Edina, MN 55439 Name: Chad Millner Phone: 952-826-0318 Cell: Email: cmilner@EdinaMN.gov hereinafter called “Licensee.” 2. PROPERTY; GRANT OF LICENSE IN CONSIDERATION of the payments and covenants by Licensee, CP hereby grants unto Licensee a license to use and occupy those portions CP’s property located in Edina, Hennepin County, Minnesota described as follows: CONTAINING 11,600 Square Feet, more or less and shown upon the map labeled Exhibit A that is attached hereto and is made a part hereof (the “Licensed Premises”) upon the terms and conditions contained herein. This Agreement is a license of occupation and is not a lease. 3. TERM A. Effective Date This Agreement shall be effective on October 1, 2022, the “Effective Date.” B. Initial Term This License Agreement shall initially be for the term of TEN (10) years, from the Effective Date, the “Initial Term.” License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 2 of 12 C. Expiration Date This Agreement shall have no fixed expiration date but shall continue in effect until terminated by one of the means set forth in Section 5 herein. D. “Term” vs. “term” defined As used herein in capitalized form, “Term,” shall mean the Initial Term or the Extension Term then in effect. When used in lowercase, “term,” shall mean any period of time during which this License Agreement remains in effect. 4. PAYMENTS A. Rent Base Rent Licensee shall during the term hereof pay CP rental at the rate of One and No/100 Dollars ($1.00) per year, B. Taxes and other Fees i. Taxes and Fees Licensee shall pay all taxes, license fees or other charges, including, but not limited to, storm water fees, fines, interest and fees of any type, related to the construction of its pedestrian bridge over the Leased Premises. The foregoing shall be herein collectively referred to as “Taxes and Fees.” Licensee shall not be responsible for other Taxes and Fees relating to the Leased Premises. C. Utilities Licensee shall assume and timely pay for any gas, electrical, telephone, computer, sewer, water, storm water, waste or trash removal or any other service or commodity connected with its occupancy or use of the Licensed Premises, collectively “Utility Service.” If any Utility Service fee is in common with CP or other parties, Licensee shall be liable for its proportionate share of any such Utility Service Fee and upon receipt of a bill therefor, promptly pay CP or such other party for its share. It shall be a default in the terms of this license if it can be shown that Licensee has not made such payments within 30 days if due to CP, or within 60 days if payable to any other party.* 5. TERMINATION / RESTORATION / SURRENDER A. Termination defined Termination occurs when Licensee no longer has the right or CP’s permission to use or occupy the Licensed Premises. Termination shall not be construed to release Licensee from any obligations or liabilities that exist or may arise as the result of Licensee’s use or occupancy of the Licensed Premises or that impact CP in any other manner. Termination shall not relieve Licensee from payment of rent or Taxes and Fees that are chargeable to Licensee hereunder if: i. Licensee has not vacated the Licensed Premises; ii. Any of Licensee’s property or any Improvements remain on the Licensed Premises; iii. Licensee is in any manner deriving benefit from the use of the Licensed Premises; iv. CP has not approved Licensee’s restoration of the Licensed Premises; or v. If environmental impacts remain upon the Licensed Premises or CP’s adjacent property that can be reasonably attributed to the activities associated Licensee’s use of the Licensed Premises. B. Termination by Notice After the Initial Term, this Agreement shall be subject to termination at any time by either party upon six (6) months' written notice to the other party. For such notice of termination to be License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 3 of 12 effective by Licensee, all of its restoration obligations pursuant to section 5.E. must be completed to the satisfaction of CP by the effective date of termination. C. Termination by reason of Breach or Default i. Breach defined The terms of this Agreement will be deemed breached if Licensee shall at any time fail to perform or comply with any of the terms, covenants or conditions of this license. ii. Default defined If Licensee fails to timely pay any payment required pursuant to this Agreement, whether payment is due to CP or a third party relating to Licensee’s use or occupancy of the Licensed Premises, then the Agreement shall be deemed to be in default. iii. Cure Period IN THE EVENT THAT LICENSEE FAILS TO CURE A BREACH OR DEFAULT WITHIN 10 DAYS AFTER WRITTEN NOTICE THEREOF BY CP TO LICENSEE, THEN CP MAY DECLARE THIS AGREEMENT TERMINATED IMMEDIATELY. Licensee shall be obligated to notify CP in writing prior to the end of said 10 day period that it has cured the subject breach or default. Absence of timely receipt by CP of such written notice of cure shall entitle CP to terminate the Agreement. v. Surrender and Eviction – Right of CP to enter and take possession of Licensed Premises As one of the material considerations for CP's granting to Licensee the license under this Agreement, without which it would not have been granted, following termination of this Agreement by CP for reason of breach or default, Licensee agrees that it shall surrender possession of the Licensed Premises to CP and LICENSEE HEREBY GRANTS CP THE RIGHT TO RE-ENTER AND TAKE CONTROL AND POSSESSION OF THE LICENSED PREMISES FOLLOWING TERMINATION BY REASON OF BREACH OR DEFAULT. vi. Landlord Lien When any rent, taxes, assessments, license fees or other charges payable hereunder are past due, CP shall have and is hereby granted a lien therefore upon the buildings and Improvements of Licensee located upon the Licensed Premises, including appliances, and upon thirty (30) days' written notice to Licensee may take possession of and sell the same and apply the proceeds against such past due indebtedness. E. Restoration i. Removal of Improvements Upon expiration or earlier termination of this License, Licensee shall restore the Licensed Premises to a condition satisfactory to CP. Restoration shall include removal of all Improvements then located upon the Licensed Premises, including, but not limited to buildings, footings, foundations, poles, wires, pipes, conduits, wells, and hard surfaces such as concrete or asphalt. ii. Work Plan Approval Licensee shall submit to CP a work plan detailing its proposed restoration work and shall not commence with restoration until CP has approved said plan. Approval of Licensee’s work plan shall not be deemed to be a waiver by CP of Licensee’s obligation and covenant to remove all Improvements from the Licensed Premises. iii. Soil and Water samples If deemed prudent by CP, Licensee shall take soil and/or water samples at various intervals and locations during the restoration process. In the event that significant environmental License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 4 of 12 impacts are detected, Licensee may be required to perform additional tests and/or installations, such as monitoring or testing wells. iv. Disposal of Materials All building debris, concrete asphalt or other materials removed from the Licensed Premises shall be disposed off CP’s land at a facility approved for disposal of type of material involved. Wells and tanks, or other regulated Improvements, must be removed according to applicable regulations and, commonly, by licensed experts. 6. PERMITTED AND PROHIBITED USES, IMPROVEMENTS, RIGHTS OF CP A. Permitted Uses The Licensed Premises shall be continuously occupied and used by Licensee during the term of this license for the conduct upon the premises in an active and substantial way of Use as a pedestrian bridge over the Licensed Premises , or such other kind of activities as may be approved by CP in writing. The Licensed Premises shall not become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Agreement. B. Prohibited Uses and Activities Licensee shall not use, occupy or permit the Licensed Premises to be used for any purpose, activity or improvement except as provided in this Agreement or as may be approved of in writing by CP. Specifically, Licensee shall not: i. Advertising permit any advertisements or signs upon the Licensed Premises other than advertisements or signs relating strictly to the business that is being conducted thereon; ii. Use of Hazardous Substances without prior written disclosure to and approval by CP, Use or authorize the Use of any Hazardous Substance on the Licensed Premises, including installation of any above or underground storage tanks; subject thereto, Licensee shall arrange at its own cost for the lawful transportation and off-site disposal of any and all Hazardous Substances that it shall Use or generate; iii. Use of Licensed Premises for waste treatment or as storage or disposal facility cause or allow the Licensed Premises or any of CP's adjacent property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or to otherwise bring any such property within the ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; or iv. Subleasing prohibited sublet the Licensed Premises or the permissions or rights herein granted in any manner or form. C. Improvements i. Improvements Defined a) “Improvements” shall mean structures, equipment, poles, wires, cables and appurtenances thereto now or during the term hereof located on the Licensed Premises whether placed upon the Licensed Premises by Licensee or a prior licensee. b) “Improvements” shall exclude: License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 5 of 12 Railroad tracks, ties, switches, communication equipment and signals, and appurtenances thereto, unless expressly listed in subsection 6.C.i.a; Public roadways and bridges; and Public or private utilities covered by separate licenses or permits or known to belong to another party. ii. Addition, Substantial Alteration or Removal of Improvements a) Any and all buildings and Improvements, including all necessary machinery and appliances, shall be constructed, installed and maintained at Licensee’s sole expense, upon the Licensed Premises in a manner satisfactory to CP. b) Licensee shall not dispose of or remove any buildings or Improvements located upon the Licensed Premises without first: 1. obtaining the written consent of CP; and 2. paying all rent, taxes, assessments, license fees or other charges which may be due hereunder. D. Reservations and Rights of CP The Licensed Premises shall, at all times, be subject to the exclusive control of CP. Licensee acknowledges and agrees that the CP reserves (1) the right to pass and repass through, over, under, and upon the Licensed Premises from time to time in common with Licensee and (2) the right to grant to any other parties from time to time designated by the Licensor by written notice to Licensee (the “Other Parties”) similar rights to those reserved to CP, provided the exercise of such rights do not materially interfere with the exercise by Licensee of its rights hereunder; CP shall not be liable for any diminution or alteration of the Licensed Premises resulting from the exercise of the Licensor's rights under this Section and Licensee shall not be entitled to a reduction or abatement of rent, fees, or to compensation therefor, provided that CP shall not, in exercising these rights, materially, detrimentally and permanently reduce the use of the Licensed Premises by Licensee. Licensee shall permit the Licensor and its agents, employees and workmen to enter upon the Licensed Premises at any time and from time to time for the purpose of inspecting, making repairs, alterations or Improvements to the Licensed Premises and for any other purpose and Licensee shall not be entitled to any compensation for any inconvenience, nuisance or discomfort occasioned thereby. 7. COVENANTS, CONDUCT & RESPONSIBILITIES A. Definitions "Claim” or "Claims” means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney’s fees, consultants’ fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims). "Environmental Law” or "Environmental Laws” means the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., the Clean Water Act, 33 U.S.C. '§1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law, ordinance, order or decree dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted. "Hazardous Substance” or "Hazardous Substances” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 6 of 12 any other chemical, substance or material listed or identified in or regulated by any Environmental Law. "Release” or "Released” means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environment” is defined in CERCLA. “Response” or "Respond” means action taken in compliance with Environmental Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance. "Use” means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon. B. Covenants, Acknowledgments & Due Diligence i. Applicable Laws and Requirements Licensee shall be familiar with the requirements of, comply with, and secure at Licensee’s own expense any permits or licenses required by, all applicable laws, regulations, ordinances, and standards, including without limitation all Environmental Laws and the orders of any duly constituted public authority now or hereafter in effect which in any way govern or regulate Licensee’s occupancy or use of the Licensed Premises, and shall at Licensee's sole expense, make all Improvements, alterations, repairs or additions, and install all appliances required by any such laws, regulations, ordinances or standards. C. Conduct i. Licensed Premises clean, safe and free from nuisances Licensee shall not permit the existence of any nuisance upon the Licensed Premises and shall at all times keep the Licensed Premises in a proper, clean, safe and sanitary condition, and free from brush, vegetation and accumulations of waste materials, debris or refuse. ii. Snow Removal; Debris Licensee shall at all times keep clean and free from snow, ice, refuse and obstructions, any such crosswalk and any sidewalk now located or to be located adjacent to the Licensed Premises, and shall fully indemnify, hold harmless, and defend CP from and against all Claims in any manner arising from or growing out of Licensee’s failure to do so. Any maintenance or snow removal by Licensee shall be carried out in a manner that will not interfere with railroad operations on trackage adjacent to the Licensed Premises. iii Release of Hazardous Substances Licensee shall not cause or allow the Release or threat of Release of any Hazardous Substance on, to, or from the Licensed Premises. iv. Response Actions Licensee shall promptly take all necessary action in Response to any Release or Use of a Hazardous Substance at the Licensed Premises caused by, or attributable to, any act or omission of Licensee (or Licensee's employees, agents, representatives or invitees) that could: (a) give rise to any Claim under any Environmental Law, (b) cause a public health or workplace hazard, or (c) create a nuisance. D. Required Notices/Disclosures i. Transportation and Disposal Contracts Licensee shall, upon written request by CP, provide CP with copies of transportation and disposal contracts and manifests for Hazardous Waste, any permits issued under any Environmental Laws, and any other documents demonstrating that Licensee has complied License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 7 of 12 with all Environmental Laws relating to the Licensed Premises. ii. Releases or Suspected Releases Licensee shall promptly notify CP of any actual or suspected Release of any Hazardous Substance on, to, or from the Licensed Premises, regardless of the cause of the Release. iii. Notices, summons citations, etc. Licensee shall promptly provide CP with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, causes of action, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individual, concerning: (a) any Release of a Hazardous Substance on, to or from the Licensed Premises, (b) the imposition of any lien on the Licensed Premises, or (c) any alleged violation of or responsibility under any Environmental Law relating to the Licensed Premises. E. CP’s Right to Participate in Response Actions Following receipt of any notice, order, claim, investigation, information request, letter, summons, citation, directive, or other communication identified in 7.D.iii connection with any action taken pursuant to section 7.C.iv, Licensee shall notify CP of and permit CP to participate in any and all investigations, telephone conferences, settlement discussions, remediation plans and all other interactions, direct or indirect, with governmental or regulatory officials, and Licensee shall take all action necessary to ensure that any indemnification, release, waiver, covenant not to sue, or hold harmless agreement benefiting Licensee and arising out of such activities, whether from a governmental or regulatory entity or from a private entity, also benefits CP to at least the same extent as Licensee. 8. LIABILITY A. Licensee acknowledges and agrees that the movement of railroad locomotives, trains or cars and the work incident to the maintenance of the right-of-way and track in close proximity to the Licensed Premises involves some risk of injury to persons and damage to structures and property thereon. As one of the material considerations of this license, without which it would not be granted, Licensee expressly assumes said risk and, to the maximum extent permitted by law, hereby releases and agrees to release, indemnify, hold harmless and defend CP and its directors, officers, stockholders, divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, or anyone acting on its behalf or their behalf (the "Indemnified Parties"), from and against any and all Claims of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever (including the parties hereto and their employees, agents and invitees), including injuries resulting in death, and damage to property whatsoever (including property of the parties hereto), including structures and their appurtenances, equipment and appliances, except Claims arising under Environmental Laws, while such persons or property are on the pedestrian bridge over the Licensed Premises, and when such injury or damage has been caused by or is attributable to, in whole or in part, CP’s operation of locomotives, trains or cars, CP’s performance of railroad maintenance in the vicinity of the Licensed Premises, or any other activity of Licensee or CP, except that Licensee’s assumption of liability and its obligations hereunder shall not extend to damages to the premises of CP, to rolling stock belonging to CP or to others, or to shipments in course of transportation caused by CP's acts or omissions. B. As one of the material considerations of this Agreement, without which it would not be granted, Licensee hereby releases and, to the maximum extent permitted by law, agrees to release, indemnify, hold harmless and defend the Indemnified Parties from and against any and all License No. 5127401 City of Edina vs. 20210714 Soo Line Railroad Company City of Edina, Licensee Page 8 of 12 Claims arising under any Environmental Law, of every kind, past, present and future, existing and contingent, known and unknown, arising from any injury to persons, firms or corporations whomsoever (including the parties hereto and their employees, agents and invitees), including injuries resulting in death, and damage to property whatsoever (including property of the parties hereto), wherever such persons or property are located, caused by or attributable to, in whole or in part, any act or omission of Licensee (or Licensee’s employees, agents, contractors, representatives, or invitees), including without limitation the Use or Release of Hazardous Substances by Licensee and the breach by Licensee of any of its warranties, representations or covenants. C. Licensee acknowledges and agrees that a Release of any Hazardous Substance may impair the value of the Licensed Premises and restrict future use of the Licensed Premises notwithstanding the completion of any cleanup or remediation to the satisfaction of governmental or regulatory officials. Licensee agrees to compensate CP fully for any such diminution in value or restriction in use of the Licensed Premises regardless of whether a cleanup or remediation action was performed to the satisfaction of governmental or regulatory officials. No provision of this subsection C shall be construed to limit or impair the indemnification provisions of section 8.A, above. D. Licensee covenants and agrees that it will pay and discharge and indemnify CP for and against any and all Claims arising from any breach by Licensee of any of the terms, conditions or provisions contained in this license. E. Licensee shall, during the term of this license, fully protect the Licensed Premises from all mechanics' and materialmen's liens accruing by reason of the use or occupancy of the Licensed Premises by Licensee. F. The City's indemnification obligations under this Section shall not be limited by the amount or type of damages, compensation, or benefits payable by a claimant’s employer under the applicable state worker compensation act or any disability benefit act or plan. Licensee’s obligations under this Section shall survive the termination or expiration of this Agreement. 9. INSURANCE A. During the Term of this Agreement, Licensee shall at its own cost and expense, take out and keep in full force and effect: i. a Commercial General Liability Insurance policy with an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage, or any other increased amount as CP may reasonably require upon conducting reviews from time to time. Such insurance shall specifically state by its wording or by endorsement: a) the policy extends to cover the contractual obligations assumed by Licensee under this Agreement with CP; b) the policy shall name CP as an additional insured; c) the policy shall contain a “cross-liability” clause which shall have the effect of insuring each person firm or corporation insured thereunder in the same manner and to the same extent as if a separate policy had been insured to each; and d) the policy shall not be cancelled or materially altered unless written notice is given by Licensee to CP thirty (30) days before the effective date of such cancellation or material alteration. ii. Automobile public liability and property damage insurance in an amount not less than Two Million dollars ($2,000,000) all-inclusive covering the ownership, use and operation of any motor vehicles and trailers licensed for use on public highways and which are owned, licensed or controlled by Licensee and their agents and used in regards to this Agreement. License No. 5127401 City of Edina vs.20210714 Soo Line Railroad Company City of Edina, Licensee Page 9 of 12 B. Licensee shall comply in all respects with the workers’ compensation legislation of the state in which the License is located, and upon request from CP, provide written confirmation from the applicable workers’ compensation authority that Licensee is in good standing with such authority. C. Licensee covenants that it shall not load or unload any Hazardous Substances, including without limitation those classified as Dangerous Goods, or this Agreement shall automatically become null and void. D. Licensee shall, prior to the effective date of this Agreement, and upon the insurance renewal date thereafter, furnish to CP or Certificates of Insurance evidencing the above coverages. Upon request, Licensee shall provide CP with certified copies of the insurance policies Licensee shall not make or cause to be made any material modification or alteration to the insurance, or to do or leave undone anything, which may invalidate the insurance coverage. E. The acquisition and maintenance of insurance policies by Licensee shall in no manner limit or restrict the liabilities incurred by Licensee under the provisions of this Agreement. 10. ENTIRE AGREEMENT A. Governing Law This agreement shall be construed and interpreted in accordance with the laws of the state in which the Licensed Premises are located. B. Revision by Governmental Authority This license and all provisions thereof shall be subject to revision at any time if made necessary by any order or finding of the Surface Transportation Board, state authorities, or other authorities having jurisdiction. C. Notices Any notice of termination or other notice given by either party hereunder, shall be good if served upon Licensee contacts noted in Section 1, or if deposited in a United States post office, certified mail, addressed to Licensee at the last known address of Licensee. D. No Warranty CP does not warrant title to the Licensed Premises, and makes no representations or warranties, express or implied, as to the habitability of the Licensed Premises or the fitness of the Licensed Premises for Licensee’s purpose or any other particular purpose. E. No Property Interests conferred The rights granted by this Agreement is a mere license to use the Licensed Premises for the specific purposes specified herein. The right and license granted herein is not a lease or an easement. This license does not grant or convey to Licensee any estate, title or ownership interest in or to the property. If requested by CP during the Term hereof or subsequent to termination or expiration, Licensee shall at no cost to CP execute and deliver to CP an estoppel certificate or other document reasonably required by CP to evidence Licensee’s lack of estate or interest. F. Indemnifications Provisions The indemnification provisions of this Agreement shall survive its expiration or termination. G. Assignment Except with the express written consent of CP, which may be withheld in its sole discretion, this Agreement shall not be assigned or in any manner transferred by Licensee, voluntarily or involuntarily, by operation of law or otherwise, or the Licensed Premises or buildings thereon sublet, used or occupied for the conduct of any business by any third person or corporation, or License No. 5127401 City of Edina vs.20210714 Soo Line Railroad Company City of Edina, Licensee Page 10 of 12 for any purpose other than herein authorized. Any attempted or purported assignment, transfer, or sublicense by Licensee without such consent shall be void. H. Singular and Plural As used in this Agreement, the singular form of a word includes the plural form of that word, and vice versa, and this Agreement shall be deemed to include such changes to the accompanying verbiage as may be necessary to conform to the change from singular to plural, or vice versa. I. Capitalized Words or Phrases Unless expressly provided to the contrary, capitalized words or phrases shall have the specific meaning ascribed to them in this Agreement throughout this Agreement regardless of whether the word or phrase is defined prior or subsequent to the occurrence or use of the capitalized word or phrase. J. Headings The headings used in this Agreement are provided solely as a convenient means of reference. They are not intended to, and do not, limit or expand the purpose or effect of the sections to which they are appended. The headings shall not be used to construe or interpret this Agreement. K. Severability of Provisions Each provision, section, sentence, clause, phrase, and word of this Agreement shall apply to the extent permitted by applicable law and is intended to be severable. If any provision, section, sentence, clause, phrase or word of this license is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the Agreement. L. Recordation in Public Records This Agreement shall not be recorded in any public land title record office. M. Confidentiality Licensee agrees that the contents of this Agreement shall remain confidential and that it shall not, without the written consent of CP, disclose the terms of this Agreement to another party except as required by law or order of a court of competent jurisdiction and then only to the minimal extent required to comply with applicable requirements. 11. SIGNATURES THE PARTIES HERETO have caused this Agreement to be duly executed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE FOLLOWS. License No. 5127401 City of Edina vs.20210714 Soo Line Railroad Company City of Edina, Licensee Page 11 of 12 CITY OF EDINA, MINNESOTA SOO LINE RAILROAD COMPANY doing business as Canadian Pacific By By Title Title Manager Real Estate U.S. Date Date CITY OF EDINA, MINNESOTA By Title Date CITY OF EDINA, MINNESOTA By Title Date License No. 5127401 City of Edina vs.20210714 Soo Line Railroad Company City of Edina, Licensee Page 12 of 12 EXHIBIT A City of Edina v 01.10 Page 1 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee RIGHT OF ENTRY LICENSE AGREEMENT THIS LICENSE AGREEMENT (this “Agreement”) is made by and between Soo Line Railroad Company doing business as Canadian Pacific and ________City of Edina_________________. 1. PARTIES SOO LINE RAILROAD COMPANY, a Minnesota corporation doing business as Canadian Pacific with general offices at: Address Contact Info Canadian Pacific Plaza 120 South 6th St. – Suite 700 Minneapolis, Minnesota 55402 Name: Brian Osborne Phone: (612) 330-4555 Fax: Email: Brian_Osborne@cpr.ca hereinafter called “CP,” and ____City of Edina_______________, a whose address is: Address Contact Info 4801 W. 50th Street Edina, MN 55424 Name: Chad Millner Phone: 952.826.0318 Fax: Mobile: Email: cmillner@edinamn.gov hereinafter called “Licensee.” 2. PROPERTY; SCHEDULE; GRANT OF LICENSE 2.1 Property CP hereby grants Licensee a license to enter in and upon certain property owned or controlled by CP in Edina, MN near railroad mile post 17.85 +/- on the MN&S Subdivision, as shown upon the map labeled Exhibit A that is attached hereto and made a part hereof (the “Property”) 2.2 Work Schedule for the sole for the purpose of performing, generally, the following activities: Placing a pedestrian bridge over CP Rail (the “Work”), as detailed in Licensee’s plans, specifications and special provisions. The Work is subject to approval by CP’s authorized representative. 2.3 Grant of License This license is granted subject to all the terms and conditions set forth below and applies to all Work and activities upon the Property that may be performed by Licensee through its employees, agents, and contractors. For the purposes of this Agreement, the actions and omissions of such employees, agents, and contractors shall be deemed the actions and omissions of Licensee. 2.4 Agreement to be Available at Work Site Licensee shall keep a copy of this Agreement at the Work site and shall make it available upon demand by any employee or agent of CP. City of Edina v 01.10 Page 2 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee 3. TERM, EFFECTIVE DATE, EXPIRATION & TERMINATION 3.1 Term The term of this Agreement shall Commence at 12:01 am on Oct 1, 2022 (the “Commencement Date”); and Expire at 11:59 pm on March 1, 2023 (the “Expiration Date”) the “Term.” Upon agreement between CP and Licensee, the Term may be lengthened or shortened without affecting any other provisions of this Agreement. 3.2 Effective Date This Agreement shall be effective upon the date that it has been signed by both parties. 3.3 Expiration This Agreement will expire at the Expiration Date, or when the Work is completed, whichever occurs first. Notwithstanding any other provision of this Agreement, the preceding sentence shall not terminate or limit any claim by CP against Licensee arising prior to the Expiration Date. If the Work includes monitoring wells, and if such wells remain on the Property after the Expiration Date, this Agreement shall remain in effect for those wells until the earlier of the following: (i) the date they are properly closed (i.e., sealed and abandoned in accordance with applicable legal requirements) by Licensee or (ii) the date CP assumes ownership of such wells pursuant to section 10.8. 3.4 TERMINATION; EXCLUSION NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, this Agreement is terminable by CP prior to the Expiration Date in the event Licensee breaches any of its obligations under this Agreement. The early termination of this Agreement shall not terminate or limit any claim by CP against Licensee arising prior to such termination. If Licensee is in breach of any of its obligations under this Agreement, any employee or agent of CP may order Licensee off the Property, in which case Licensee shall immediately leave the Property; moreover, Licensee shall leave the property immediately upon termination pursuant to this paragraph. 4. PAYMENTS 4.1 License Fee In consideration of the permissions herein granted, Licensee shall with its execution hereof pay to CP the sum of One Thousand Five Hundred Dollars ($1,500.00). 4.2 Utilities Licensee shall assume and timely pay for any gas, electrical, telephone, computer, sewer, water, storm water, waste or trash removal or any other service or commodity connected with the Work, collectively “Utility Service.” If any Utility Service fee is in common with CP or other parties, Licensee shall be liable for its proportionate share of any such Utility Service Fee and upon receipt of a bill therefor, promptly pay CP or such other party for its share. It shall be a default of the terms of this license if it can be shown that Licensee has not made such payments within 30 days if due to CP, or within 60 days if payable to any other party. 4.3 Mechanics' And Materialmen's Liens City of Edina v 01.10 Page 3 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee If any mechanics' or materialmen's lien, or similar lien, is asserted against the Property, or any other property of CP, as a consequence of the Work, Licensee shall immediately satisfy, defend, or obtain the release of such lien, all at Licensee's expense, and Licensee shall indemnify and defend CP against any Claims arising out of or connected with such lien. 4.4 Additional Charges Licensee shall within 30 days of receipt of a bill therefor, pay to CP costs for flagging, track changes or damage, or other such charges as may be provided by this Agreement or that CP may reasonably impose in connection with Licensee’s Work. 4.5 Due Dates; Penalties; Other Charges 4.3.1 Due Dates Any item, submission or payment required to be made shall be deemed timely made if received by the other party on or before the specified due date, or prior to expiration of the applicable period for compliance, submission or payment. 4.3.2 Late Fees In addition to any amounts payable by Licensee to CP, Licensee shall pay CP a late fee for any payment not timely made by Licensee. The late fee shall be at the rate for overdue accounts set by CP’s Accounting Department that is in effect at the time that that any such payment is due. Said late fee shall initially be an amount equal to 1% of the invoice amount per month. 4.3.3 Fines and Service Fees In addition to any other amounts payable by Licensee to CP, Licensee shall pay CP for any bank fines or service incurred by it in connection with the handling, non-payment, return or currency conversion incurred by CP in connection with processing of any payment made by Licensee to CP. 4.6 Work At No Cost To CP The Work completed by Licensee shall be performed at no cost to CP. 5. CONTACT, NOTICES, ETC. 5.1 Contact Persons; Communications Communications pursuant to this Agreement shall be directed to the contact persons designated in Section 1 or their designees. Either party may change its contact person, or the address(es), telephone number, or fax number for the contact person, by notice to the other party. 5.2 Notices Except as otherwise provided in this Agreement, all notices pursuant to this Agreement shall be in writing and shall be effective upon delivery to the address or fax number of the contact person for the party to whom notice is being given. If notice is given by fax, the notice shall not be deemed effective until received in legible form. 5.3 Notification Prior To Beginning Work Licensee must notify CP's contact person by telephone at least three working days prior to beginning any separate phase of the Work, and again promptly after such phase of the Work has been completed. 6. PERMITTED & PROHIBITED USES; RIGHTS OF CP 6.1 Permitted Uses 6.1.1 The Work City of Edina v 01.10 Page 4 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee The use of Property by Licensee shall be limited to the completion of the Work set forth in Section 2.2., or such other activities as may be approved by CP in writing. 6.1.2 Government Authorities Licensee may permit governmental authorities other than Licensee with jurisdiction over the Work to enter the Property for the purpose of inspecting or monitoring the Work. Whenever possible, Licensee shall advise CP (by telephone or other means calculated to bring the matter to CP's immediate attention) prior to permitting such governmental authorities to enter the Property for such purposes. The actions and omissions of such governmental authorities while on the Property for such inspections and monitoring shall be deemed the actions and omissions of Licensee. Licensee is not authorized to permit governmental authorities other than Licensee to enter the Property for any other purpose. 6.2 Prohibited Uses and Activities Licensee shall not use, occupy or permit the Property to be used for any purpose, activity or improvement except as provided in this Agreement or as may be approved of in writing by CP. Specifically, Licensee shall not: 6.2.1 Advertising permit any advertisements or signs upon the Property; 6.2.2 Use of Hazardous Substances without prior written disclosure to and approval by CP, Use or authorize the Use of any Hazardous Substance on the Property, including installation of any above or underground storage tanks; subject thereto, Licensee shall arrange at its own cost for the lawful transportation and off-site disposal of any and all Hazardous Substances that it shall Use or generate; 6.2.3 Use of Premises for waste treatment or as storage or disposal facility cause or allow the Property or any of CP's adjacent property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or to otherwise bring any such property within the ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; or 6.2.4 Subleasing is prohibited sublease the Property or the permissions or rights herein granted in any manner or form. 6.3 Reservations and Rights of CP 6.3.1 Railroad Activities Take Priority over Work All Work by Licensee shall always and all times be subordinate to the needs of CP in connection with the operation and movement of railroad trains and equipment, and the repair of railroad track, structures, communications and appurtenances thereto. 6.3.2 Reservation of prior and future uses not inconsistent with Licensee’s activities The rights herein granted to Licensee are subject to the rights granted in all other licenses, permits and easements for tracks, roads, walkways, poles, wires, pipelines, sewers, billboards and other improvements that exist or may be placed upon, across, above or underneath the Property by CP, or its employees, agents, licensees, grantees, representatives or invitees. Further, CP reserves unto itself the right to place (or to give others the right to place) additional tracks, roads, walkways, poles, wires, pipelines, sewers and billboards upon, across, above or underneath the Property in any manner that does not unreasonably interfere with Licensee’s Work. 6.3.3 Monitoring CP may elect to be present during the conduct of the Work and to monitor same. City of Edina v 01.10 Page 5 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee 7. COVENANTS, CONDUCT & RESPONSIBILITIES 7.1 Definitions 7.1.1 "Claim” or "Claims” means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney’s fees, consultants’ fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); 7.1.2 "Environmental Law” or "Environmental Laws” means the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., the Clean Water Act, 33 U.S.C. '§1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law, ordinance, order or decree dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; 7.1.3 "Hazardous Substance” or "Hazardous Substances” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law; 7.1.4 "Release” or "Released” means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as "environment” is defined in CERCLA; 7.1.5 “Response” or "Respond” means action taken in compliance with Environmental Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance; 7.1.6 "Use” means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon. 7.2 Investigation; Compliance with Laws; Safety Requirements 7.2.1 Tenants and Licensees in possession of Property Before entering the Property, Licensee shall secure the consent of all persons or entities who are using or occupying any portion of the Property. CP will cooperate with Licensee to obtain consent from any such person or entity who unreasonably withholds consent. 7.2.2 Underground Utilities and Structures a. Licensee shall be responsible for determining the location of all underground utilities (electric lines, telephone lines, gas lines, steam lines, sewer lines, water lines, fiber optic cables, pipes, wires, and the like) and underground structures. b. Licensee shall call CPCBYD “Canadian Pacific Call before You Dig” at 1-866- 291-0741 for Signal, Fiber Optics, and Power for CP Facilities on Canadian City of Edina v 01.10 Page 6 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee Pacific Right of Way and the STATE “ONE CALL” a minimum of 5 business prior to commencing any excavation or boring on the Property. c. CP will cooperate with Licensee to identify the location of underground utilities and structures known to CP, but such cooperation shall not relieve Licensee from its primary responsibility to determine the locations of such utilities and structures. 7.2.3 Permits And Licenses; Compliance With Laws Licensee shall secure, at no expense to CP, any permits or licenses required in connection with the Work and shall comply with all laws applicable to the Work and the Property, including (but not limited to) any laws, standards, regulations, and permit requirements relating to environmental pollution or contamination or to occupational health and safety. Licensee shall indemnify and defend CP against any and all Claims arising out of or connected with the violation of any law by Licensee while on or about the Property. 7.2.4 Compliance with CP Safety Requirements; Identification a. While on the Property, Licensee shall comply with the safety requirements of CP, as such requirements may be amended from time to time during the duration of the Work, all at no expense to CP. CP's safety requirements are set forth “Exhibit B” titled “MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS WORKING ON RAILWAY PROPERTY” and in CP’s current safety handbook. One free copy of the current safety handbook will be provided to Licensee by the CP contact person. Additional copies will be provided at Licensee's expense. Licensee shall be responsible for ensuring that any person performing any of the Work for or on behalf of Licensee shall comply with the CP safety requirements that would apply to a CP employee performing similar work. b. Prior to any entry onto the Property, Licensee and every employee, agent or subcontractor who carries out any part of the Work on the Property shall successfully complete the safety training available through the e-railsafe program at www.e- railsafe.com in respect to requirements for Canadian Pacific operations. <if applicable> c. Licensee and every employee, agent or subcontractor who carries out any part of the Work on the Property shall at all times wear and visibly display the identification badge issued to them following successful completion of the e-railsafe safety training together with whatever additional identification materials that CP may reasonable require. 7.3 Work In Close Proximity To Railroad Operations; Drainage 7.3.1 Interference with Railroad Operations Licensee shall keep CP fully apprised of its proposed activities on the Property so as to prevent any interference with the operations of CP's trains or equipment (or trains or equipment of others) operating on or near the Property. 7.3.2 Clearance No work shall be done or any equipment or other obstruction placed over or within 25 feet laterally of the centerline of any track without advance notification to CP prior to performing such work or placing such equipment or obstruction. 7.3.3 Flagging City of Edina v 01.10 Page 7 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee Licensee must make arrangements with CP for such flagging or watchman service as CP deems necessary for the protection of railroad traffic. All such flagging and watchman service shall be provided by CP at Licensee’s expense. The fact that CP provides such service shall not relieve Licensee from any liability under this Agreement. CP's labor and material additives are subject to change without notice to Licensee, and CP shall be reimbursed based upon its labor and material additives actually in effect as of the date of such service. 7.3.4 Certain Work Close To Track Not Permitted; Lateral Support a. Unless otherwise agreed to in writing by CP, excavations, borings, wells, pits, test holes, probe sites, and the like shall not be located closer than 25 feet from the centerline of the nearest railroad track on or adjacent to the Property nor shall it take or allow any action upon the Property that would materially impair the lateral or subadjacent support of adjacent lands or railroad tracks.; b. Unless otherwise agreed to in writing by CP, drilling and excavating equipment and related equipment shall not be located closer than 25 feet from the nearest rail of any such track; c. In the event that CP permits excavations, borings, wells, pits, test holes, probe sites, or the like in close proximity to tracks, embankments or other features providing lateral or subadjacent support to land or tracks, then notwithstanding anything to the contrary in this license, Licensee shall be responsible for designing and constructing at no cost to CP any measure that is required to prevent the collapse, erosion or impairment to said land or tracks. 7.3.5 Storm Water Licensee shall not, without the advance written approval of CP, make any changes to the Property that would either increase the historic flow rate of storm water from the Property or create an impediment to the historic flow of storm water to the Property. Unless otherwise agreed in writing, as between CP and Licensee it is understood and agreed that Licensee shall, at Licensee’s cost and expense, be responsible for the construction, maintenance, repair and replacement upon the real property or other land not belonging to CP such storm sewer lines, manholes, mains, rip rap, boulders, wing walls, ditches and related to improvements required for Licensee's compliance with this section. 7.3.6. Fencing <If applicable> Licensee shall, at no cost to CP, construct and maintain during the term hereof a fence acceptable to CP in the location(s) designated on Exhibit A. Following completion of the Work, the Licensee shall remove the fencing, remove any post footings or concrete, and fill and tamp any post holes with clean fill material. 7.4 Conduct 7.4.1 Property clean, safe and free from nuisances Licensee shall not permit the existence of any nuisance upon the Property and shall at all times keep the Property in a proper, clean, safe and sanitary condition, and free from accumulations of waste materials, debris or refuse. 7.4.2 Release of Hazardous Substances Licensee shall not cause or allow the Release or threat of Release of any Hazardous Substance on, to, or from the Property. 7.4.3 Response Actions City of Edina v 01.10 Page 8 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee Licensee shall promptly take all necessary action in Response to any Release or Use of a Hazardous Substance at the Property caused by, or attributable to, any act or omission of Licensee (or Licensee's employees, agents, representatives or invitees) that could: a. give rise to any Claim under any Environmental Law, b. cause a public health or workplace hazard, or c. create a nuisance. 7.5 Required Notices/Disclosures 7.5.1 Transportation and Disposal Contracts Licensee shall, upon written request by CP, provide CP with copies of transportation and disposal contracts and manifests for Hazardous Waste, any permits issued under any Environmental Laws, and any other documents demonstrating that Licensee has complied with all Environmental Laws relating to the Property 7.5.2 Releases or Suspected Releases Licensee shall promptly notify CP of any actual or suspected Release of any Hazardous Substance on, to, or from the Property, regardless of the cause of the Release. 7.5.3 Notices, summons citations, etc. Licensee shall promptly provide CP with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, causes of action, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individual, concerning: a. any Release of a Hazardous Substance on, to or from the Property, b. the imposition of any lien on the Property, or c. any alleged violation of or responsibility under any Environmental Law relating to the Property. 7.5.4 Other Reports Licensee shall, at CP’s option, provide CP, at no cost to CP, a copy of any other report, summary or written test results, collectively “Report,” pertaining to the Work. If any such Report is to be filed or made available to any governmental agency, other than Licensee, acting in a regulatory capacity, other than Licensee, then Licensee shall also give CP a reasonable time (not less than 5 working days) to review and comment on a draft of such Report and when preparing any such final Report pertaining to the Work, Licensee or its contractor shall give due consideration to CP's comments with respect to the draft of that Report. Licensee will promptly provide CP with a copy of any final Report. 7.6 CP’s right to Participate in Response Actions Following receipt of any notice, order, claim, investigation, information request, letter, summons, citation, directive, or other communication identified in section 7.5.3 in connection with any action taken pursuant to section 7.4.3, Licensee shall notify CP of any and all investigations, telephone conferences, settlement discussions, remediation plans and all other interactions, direct or indirect, with governmental or regulatory officials, and Licensee shall take all action necessary to ensure that any indemnification, release, waiver, covenant not to sue, or hold harmless agreement benefiting Licensee and arising out of such activities, whether from a governmental or regulatory entity or from a private entity, also benefits CP to at least the same extent as Licensee. 7.7 Restoration of Property City of Edina v 01.10 Page 9 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee Upon completion of the Work or expiration or early termination of this Agreement, whichever occurs first, Licensee shall remove any debris resulting therefrom and shall restore the Property to the condition it was in prior to the commencement of the Work (or such other condition as is satisfactory to CP). All excavations are to be backfilled and tamped. All borings shall be backfilled with grout. Drill cuttings shall not be used as backfill. Licensee shall dispose of all drill cuttings, soil and sediment samples, purge water, dewatering effluent, and water samples and all excess excavation material in a manner acceptable to CP and in accordance with all applicable laws, all at no expense to CP. 8. LIABILITY 8.1 Damage to CP Tracks, Facilities, and Equipment If any tracks, facilities, or equipment owned, used, or maintained by CP are damaged in connection with the Work, CP shall repair (or arrange for the repair of) such damage and Licensee shall pay the full cost of such repair within 30 days after CP shall tender a bill therefor. 8.2 Assumption of Risk Licensee is fully aware of the dangers of working on and about railroad property and railroad operations and knowingly and willingly assumes the risk of harm (e.g., injury to or death of persons and damage to or destruction of property) that may occur while on and about the Property. Without in any way limiting the scope of the preceding sentence, Licensee assumes the risk that monitoring wells, elevation bench marks, reference points, and other installations located on the Property may be disturbed, damaged, or destroyed by CP or third persons, and Licensee shall not make any claim against CP on account of same, even if such disturbance, damage, or destruction arises from the negligence of CP or its employees, agents, or invitees. Licensee assumes full responsibility for protecting its installations and personal property from theft and vandalism while such installations and personal property are on the Property. 8.3 Indemnity To the maximum extent permitted by applicable law, Licensee shall indemnify and defend the Indemnified Parties (as defined below) against all claims, demands, actions, suits, judgments, losses, damages, penalties, fines, and sanctions (collectively, “Claims”) arising out of or relating to any destruction of (or damage to) any property or natural resource, any injury to (or death of) any person, or any environmental pollution or contamination whatsoever, where such destruction, damage, injury, death, pollution, or contamination actually arises in whole or in part from the Work, any action or omission of Licensee while on or about the Property pursuant to this Agreement, or the exercise by Licensee of the license granted by this Agreement. As used in this Agreement, Indemnified Parties means the following businesses and their officers, directors, employees, and agents: Soo Line Corporation, Soo Line Railroad Company, Delaware and Hudson Railroad Corporation, Dakota, Minnesota and Eastern Railroad Corporation, Soo Line Corporation, Wyoming, Dakota Railroad Properties, Inc., Central Maine & Quebec Railway, The Milwaukee Motor Transportation Company, Hiawatha Transfer Company, and Canadian and Pacific Railway Company, and their respective parent companies, subsidiaries, and affiliated companies, and any railway company or contractor operating trains or rail equipment upon railway tracks in close proximity to the Property, together with the parent companies, subsidiaries, and affiliated companies of all of the foregoing. 9. INSURANCE Licensee shall, at its own expense, obtain and maintain during the Term and prior to entering the Property, in a form and with an insurance company satisfactory to CP, policies of: City of Edina v 01.10 Page 10 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee (a) Commercial General Liability (C.G.L.) insurance with a limit of not less than Two Million Dollars ($2,000,000) for any one loss or occurrence for personal injury, bodily injury, or damage to property including loss of use thereof. This policy shall by its wording or endorsement include without limitation the following: (i) CP and its associated or affiliated subsidiaries (and the Directors, Officers, employees, agents and trustees of all of the foregoing) as an additional insured with respect to obligations of the Licensee in this Agreement; (ii) "cross liability" or “severability of interest” clause which shall have the effect of insuring each entity named in the policy as an insured in the same manner and to the same extent as if a separate policy had been issued to each; (iii) blanket contractual liability, including the insurable liabilities assumed by the Licensee in this Agreement; (iv) broad form products and completed operations; (v) sudden and accidental pollution liability, if applicable; (vi) shall not exclude property damage due to explosion, collapse, and underground hazards; and (vii) shall not exclude operations on or in the vicinity of the railway right of way. (b) Automobile Liability insurance covering bodily injury and property damage in an amount not less than Two Million Dollars ($2,000,000) per accident, covering the ownership, use and operation of any motor vehicles and trailers which are owned, non-owned, leased or controlled by the Licensee and used in regards to this Agreement. (c) Workers Compensation insurance which shall be in strict accordance with the requirements of the most current and applicable state Workers Compensation insurance laws, and Employers’ Liability insurance including Occupational Disease insurance with limits of not less than One Million Dollars ($1,000,000) each accident/each employee, and where appropriate coverage under said policies to be extended for liability under the FELA, USL&H Act, and the Jones Act. The Licensee shall, before any services are commenced under this License submit written evidence that it has obtained full Workers Compensation insurance coverage for persons whom it employs or may employ in carrying out the services under this License. CP and its associated or affiliated companies (and the Directors, Officers, employees, agents and trustees of all of the foregoing) shall be waived of any and all subrogation in the event of injury, death, losses, incidents, claims and potential claims. (d) Contractor's Pollution Liability insurance, including naming CP and its associated or affiliated subsidiaries (and the Directors, Officers, employees, agents and trustees of all the foregoing) as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000) for any one loss or pollution event. Coverage shall include, but not be limited to, claims for bodily injury, death, damage to property including the loss of use thereof, clean-up costs and associated legal defense expenses arising from pollution conditions caused by, and/or exacerbated by, services performed by the Licensee on behalf of CP. The policy shall be endorsed to contain a blanket contractual liability endorsement. If this policy is written on a "claims-made" basis it shall remain in effect for no less than twenty-four (24) months after the expiry or termination of this Agreement. IF APPLICABLE – DEPENDS ON SCOPE OF WORK BEING PERFORMED – CONFIRM WITH RISK MANAGEMENT (collectively, the “Insurance Coverage”). Licensee agrees that the insurance requirements set out herein shall not limit or restrict its liabilities pursuant to this Agreement. City of Edina v 01.10 Page 11 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee The Insurance Coverage required to be maintained pursuant to this Agreement shall be primary and not excess of any other insurance that may be available. Unless otherwise provided above, all insurance coverage shall take place in the form of an occurrence basis policy and not a claims made policy. Licensee shall waive any and all subrogation in the event of injury, death, losses, incidents, claims and potential claims where permissible under the insurance policies required under this Insurance Section. Licensee shall provide CP with written notice and all reasonable particulars and documents related to any damages, losses, incidents, claims, and potential claims concerning this Agreement as soon as practicable after the damage, loss, incident, or claim has been discovered. Licensee is responsible for any deductible and excluded loss under any insurance policy. The deductible in any insurance policy shall not exceed such maximum amount that a reasonably prudent business person would consider reasonable. The Insurance Coverage shall be endorsed to provide CP with not less than thirty (30) days written notice in advance of cancellation. Before Licensee enters the Property, CP must receive and approve certificates of insurance evidencing the Insurance Coverage outlined in this Section. Licensee may be required to annually provide a copy of updated certificate(s) of insurance evidencing the renewal of the above Insurance Coverage. Such certificate(s) of insurance shall be sent via email to matthew_miller@cpr.ca. Upon request, Licensee shall provide CP with certified copies of the insurance policies. CP shall have no obligation to examine such certificate(s) or to advise Licensee if its Insurance Coverage is not in compliance with this Agreement. Acceptance of any certificate(s) which are not compliant with the requirements set out herein shall in no way whatsoever imply that CP has waived its insurance requirements. CP reserves the right to require Licensee to obtain additional insurance where, in CP’s reasonable opinion, the circumstances so warrant. If the Licensee fails to maintain the Insurance Coverage required in this Agreement, CP may, at its option, terminate this Agreement without notice. 10. ENTIRE AGREEMENT 10.1 Survival of Indemnity Provisions The indemnification provisions of this Agreement shall survive its expiration or termination. 10.2 Mere License The permission encompassed by this Agreement is a mere license to use the Property for the specified purpose and does not create any estate or interest in the Property. 10.3 No Warranty of Title CP does not warrant that it has good title to the Property. 10.4 Assignment; Binding Effect This Agreement may not be assigned by Licensee without the advance written consent of CP. Subject to the preceding sentence, this Agreement shall be binding upon, and inure to the benefit of, the parties' respective successors and assigns. 10.5 Governing Law This Agreement shall be construed in accordance with the laws of the state of Minnesota. 10.6 Entire Agreement This Agreement is the full, complete, and entire Agreement of the parties with respect to the subject hereof, and any and all prior writings, representations, and negotiations with respect to those subjects are superseded by this Agreement. City of Edina v 01.10 Page 12 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee 10.7 Headings The headings used in this Agreement are provided solely as a convenient means of reference. They are not intended to, and do not, limit or expand the purpose or effect of the paragraphs to which they are appended. The headings shall not be used to construe or interpret this Agreement. 10.8 Singular and Plural As used in this Agreement, the singular form of a word includes the plural form of that word, and vice versa, and this Agreement shall be deemed to include such changes to the accompanying verbiage as may be necessary to conform to the change from singular to plural, or vice versa. 10.9 Duplicate Copies and Counterparts This Agreement may be executed in counterparts, which together shall constitute one and the same document. The parties may execute more than one copy of this Agreement, each of which shall constitute an original. 11. SIGNATURES. THE PARTIES HERETO have executed this Agreement as evidence of their agreement to the terms herein. City Of Edina, MN SOO LINE RAILROAD COMPANY doing business as Canadian Pacific By By Its Scott Neal City Manager Its Brian Osborne Manager Of Public Works Date Date City of Edina v 01.10 Page 13 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee EXHIBIT A Map of the Property City of Edina v 01.10 Page 14 of 12 Soo Line Railroad Company Edina, MN City of Edina, Licensee EXHIBIT B Minimum Safety Rules for Work on Railroad Property 1 Minimum Safety Requirements for Contractors Working on CP Property in the United States Approval Authority: Corporate Risk Effective Date: October 1, 2018 Version: 3.0 Revision Date: October 1, 2021 2 Table of Contents Table of Contents .......................................................................................................... 2 Introduction ................................................................................................................... 3 1 Application ............................................................................................................ 3 2 Definitions and Interpretation.............................................................................. 3 3 Contractor Compliance & Responsibilities ........................................................ 5 4 Site Safety Plans .................................................................................................. 7 5 Safety Training...................................................................................................... 7 6 Safety Orientation ................................................................................................. 7 7 Safety Job Briefing .............................................................................................. 7 8 Applicable Legislation ......................................................................................... 8 9 Security Access to CP Property ......................................................................... 9 10 Personal Conduct .............................................................................................. 10 11 Personal Protection........................................................................................... 12 12 Railroad Track Protection ............................................................................... 133 13 HAZCOM ............................................................................................................. 17 14 Operation of Highway Vehicles ........................................................................ 18 15 Tools, Equipment and Machinery .................................................................... 19 16 Emergency Response ....................................................................................... 21 17 Confined Space ................................................................................................. 23 18 Reportable Accidents, Incidents and Injuries ................................................. 23 19 Reporting ........................................................................................................... 24 20 Contractor & Contractor Personnel Acknowledgement ................................ 25 21 Attachment A - Emergency Information Sheet ............................................... 27 3 Introduction At Canadian Pacific (CP), safety is an integral part of the way we do business. We expect everyone working on Canadian Pacific’s property to be unconditionally committed to safety. Safety must be given top priority and will take precedence over deadlines, production schedules, and all other considerations. 1 Application 1.1 Application 1.1.1 These Minimum Safety Requirements are applicable to all who work on CP property (except as noted in 1.13 and 1.14 below) including Contractors and other persons performing Work or otherwise providing services to Canadian Pacific on CP Property in the United States. 1.1.2 These Minimum Safety Requirements cannot be waived or altered, in whole or in part, without a prior Risk Assessment specific to the Work being conducted, and written consent has been provided by Manager-in-Charge. 1.1.3 Notwithstanding the foregoing, these Minimum Safety Requirements do not apply to other railroad companies who only operate trains on CP Property under various trackage or interchange agreements. 1.1.4 Further notwithstanding the foregoing, these Minimum Safety Requirements may not apply to Work or services provided in CP office premises, in which case, CP’s Minimum Safety Requirements for Contractors Working in CP Offices may apply. 2 Definitions and Interpretation 2.1 Definitions 2.1.1 In these Minimum Safety Requirements, the following capitalized terms shall have the ascribed meaning below: (a) “Applicable Legislation” means all applicable legislation, regulations, by-laws, codes, rules, standards, policies, procedures, promulgated by any federal, state, and municipal governmental body, including those of its agencies, having authority over CP and, or a Contractor in relation to the Work in the matter of health and safety of the person, property and, or the environment; (b) “Canadian Pacific” or “CP” means Canadian Pacific Railway Company Ltd., and its subsidiaries and affiliates, and includes each of their respective directors, officers, employees, agent, and representatives; (c) “CP Personnel” means CP’s employees, agents, and representatives; (d) “CP Property” means any building, facility, yard, track, right of way or other property owned or controlled by CP; (e) “Contractor” means the company or person, and their respective employees and authorized agents, representative and subcontractors who are providing goods or services to CP; or on behalf of a third party working on CP property. (f) “Contractor Personnel” means the Contractor’s employees, and authorized agents, representative and subcontractors; (g) “Co-mingled Work” means Work where Contractor Personnel works directly with or, in close proximity (time or space) to CP Personnel; 4 (h) “eTest” an efficiency test. It is a planned procedure to evaluate compliance with rules, instructions and procedures, with or without the employee's knowledge. (i) “Foul of Track” means the placement of an individual or equipment within 4’ feet of the outside rail of a railway track that could be struck by a moving train or on- track work equipment (e.g. Hi-rail equipment). (j) “Hazardous Materials” means any substance, which is hazardous to persons or property and includes, without limiting the generality of the foregoing: (i) radioactive, explosive, poisonous, or toxic substances; (ii) any substance that if added to any water, would degrade or alter the quality of the water to the extent that it is detrimental to its use by man or by any animal, or plant; (iii) any solid, liquid, gas or odor or combination of any of them that, if emitted into the air, would create or contribute to the creation of a condition of the air that endangers the health, safety, or welfare of persons, or the health of animal life, or causes damage to plant life or to property; and (iv) substances declared to be hazardous, toxic or dangerous under any law or regulation now or hereafter enacted by any governmental authority having jurisdiction. (k) “Manager-in-Charge” means a CP manager as designated or otherwise identified by CP as being responsible for overseeing the Work to be performed, such Manager-in-Charge may include, but is not limited to Local CP Management, Superintendents, Chief Engineers, and Project Managers. (l) “Mobile Equipment” means any motorized and self-propelled equipment, excluding railroad equipment and highway vehicles, but including, for example, forklifts, tractors, cranes, ATVs, mules, motorized scissor lifts, telescopic boom lifts, and similar equipment that are not designed to operate or move on railroad tracks; (m) “Office Premises” means any building, facility, or portion thereof, or other premises, whether owned or controlled by CP, which is used solely for clerical or administrative purposes and which does not contain heavy equipment or machinery, as designated by CP from time to time; (n) “Qualified and Authorized” means a status attained by a person who has successfully completed any required training and demonstrated proficiency in the duties of a particular position or function and who has been given the right to act. (o) “Railroad Equipment” means trains, locomotives, railcars, on track equipment (track units), hi-rail vehicles and any other equipment designed to operate or move on railroad tracks; (p) “Site Safety Plan” means a documented plan which set out how Work is to be conducted in a safe manner, as required by Applicable Legislation, see 3.15 c); (q) “Third Party Project” means any work being performed on CP property that CP is not managing (i.e, road authority, utility company, commuter agency, or other similar entity, are on CP property for their own purposes, and not a project sponsored or managed by CP. (r) “Work” means the provision of products and services and related activities; (s) “Work Site” means any CP Property where CP Personnel or Contractor Personnel are present, or permitted to be present, while engaged in any Work, including any railroad equipment, mobile equipment and highway vehicles operated by or used to convey a person engaged in such Work. This applies also to work immediately adjacent to CP property which can pose a risk to safe railway operations (i.e., blasting, excavation next to ROW, etc). 5 2.2 Interpretation & Application 2.2.1 Where legislation is referred to in these Minimum Safety Requirements, it shall include all amendments and replacements thereto as promulgated from time to time. 2.2.2 Where standards, such as those of the American National Standards Institute (ANSI), are referred to in these Minimum Safety Requirements, they shall include all amendments and replacements thereof from time to time. 2.2.3 Where there is any ambiguity, inconsistencies, or omissions between or among any agreements with CP, expressed or implied; any Applicable Legislations; any applicable CP policies and practices; and any applicable industrial standards and practices, Contractor and Contractor Personnel shall adhere to that which is most stringent and current. 3 Contractor Compliance & Responsibilities 3.1 General Compliance 3.1.1 Contractor shall be fully and solely responsible for ensuring the health and safety of Contractor Personnel and for ensuring that its Work and other activities do not compromise the health and safety of CP Personnel or any other party, the protection of the environment, the protection of CP’s property and those of any other party, and do not interfere with the safety of CP’s railroad operations. 3.1.2 Contractor shall comply with and shall ensure all of Contractor Personnel are trained and qualified to safely perform the Work and that they comply with all Applicable Legislation pertaining to the protection against fire, safety, health, and environmental hazards, and with any license, permits, authorizations issued by the respective authority. Contractor shall provide CP with written certification that Contractor's safety program required by 49 CFR Part 243 has been approved by the Federal Railroad Administration (FRA) where applicable. 3.1.3 Contractor shall comply with and shall ensure all of Contractor Personnel comply with all terms and conditions of all agreements, expressed or implied, between Contractor and CP, and all applicable CP policies and practices. 3.1.4 Subject to the requirements of CP’s Access Control Procedures, the contractor shall provide CP eRailsafe training for each employee engaged in work on CP property. Where there is no agreement between CP and the Contractor, the Contractor is responsible for meeting the additional requirements outlines within CP’s Access Control Procedures. 3.1.5 Contractor shall provide Contractor Personnel, at its own expense, any and all safety equipment required to protect against injuries during the performance of the Work and shall ensure that Contractor Personnel are knowledgeable of and utilize safe practices in performing the Work. 3.1.6 The Contractor shall have a copy of the following documents at the Work Site at all times, and shall produce them as and when requested by CP: (a) These Minimum Safety Requirements for Contractors Working on CP Property; (b) Licenses, certifications, permits, training records or other documents required by Applicable Legislation or these Minimum Safety Requirements; (c) Contractor’s Site Safety Plan; (d) Contractor’s Emergency Information Sheet (see Attachment A); and (e) Any additional documents required by Contract or by agreement with Manager-in-Charge. (f) Employee identification (eRailsafe badge – see 9.1.1). 6 3.2 Compliance Assurance 3.2.1 CP reserves the right to observe, inspect, test and audit Contractor and Contractor Personnel for compliance with all requirements herein, and to demand and receive all relevant records, documentation, and materials evidencing compliance, at any time, and from time to time. 3.2.2 Failure of the Contractor or Contractor Personnel to comply with any applicable provisions herein may be considered a material breach, and in addition to all other remedies available, CP may without prejudice: (a) take over control of that Work or activity; (b) order the Work to stop; and/or (c) order Contractor Personnel to leave CP Property. 3.2.3 Upon the earlier of the completion of the Work, the expiration of the applicable agreement, or the request of a Manager-in-Charge, Contractor and Contractor Personnel shall return all identification, badges, access cards, and decals, issued or provided by CP to the Manager-in-Charge. 4 Site Safety Plans 4.1 General Requirements 4.1.1 Prior to starting any Work on CP Property, the Contractor must have a written Site Safety Plan that identifies: (a) All applicable legislation, rules, policies and work practices in relation to the work being performed; (b) Specific hazards that are associated with the Work being performed on CP property for CP, and Work being performed not for CP: for example: (i) Construction, maintenance or inspections of buildings; (ii) Working on or adjacent to railroad tracks; (iii) Maintenance or inspection or railroad tracks, crossings or signal systems; (iv) Operating Railroad Equipment on CP tracks; or (v) When/where Contractor Personnel work directly with or in proximity (time or space) to CP Personnel; and (c) Methods of verifying compliance. 4.1.2 The Contractor will provide Manager-In-Charge with a copy of this Site Safety Plan on reasonable request. 4.1.3 The Contractor must be able to demonstrate an awareness of applicable legislation, rules, policies and work practices in relation to the work being performed. 7 5 Safety Training 5.1 Minimum Training & Qualifications 5.1.1 At its sole cost and expense, Contractor shall ensure that all Contractor Personnel be fully trained and qualified for the Work they will be performing. Contractors and Contractor Personnel shall meet, or exceed, all Applicable Legislation requirements relating to training and qualification, including but not limited to the requirements of 49 CFR Part 243. 5.1.2 Additionally, Contractor Personnel training and qualification shall meet or exceed all applicable industry standards. 5.2 Proof of Training & Qualification 5.2.1 Contractor Personnel shall at all times have proof of such training and qualifications and shall produce them as and when requested by the Manager-in-Charge. 5.2.2 CP reserves the right to inspect qualification certificates, licenses, training records and/or Work- history records for any Contractor Personnel, and, or to be provided with copies thereof, on reasonable request. In addition, CP reserves the right to perform eTests on contractor employees, and request discipline for non-conformance. 6 Safety Orientation 6.1 General Requirements 6.1.1 Prior to beginning Work, all Contractor Personnel shall participate in a CP authorized safety orientation, including on-site orientation presented by the Manager-in-Charge or designate. 6.1.2 Any time the scope of Work, location, condition or supervision changes, Contractor Personnel may be required to attend additional safety orientation sessions. 6.1.3 After successful completion of such safety orientation, Contractors must be able to produce company identification or an eRailsafe photo identification badge authorizing access to CP property unescorted for the purposes of conducting work. Managers have the ability to enter the tracking code into CM (Compliance management). Third parties who hire subcontractors must ensure required compliance while on CP property. The eRailsafe identification card shall be worn or be made visible at all times, or produced upon request and cannot be transferred under any circumstances. 7 Job Safety Briefing 7.1.1 Contractor Personnel shall attend all Job Safety Briefings as and when conducted. Contractor Personnel shall be solely and fully responsible for understanding the content of the Job Safety Briefing, and at a minimum shall: (a) have an understanding of the scope of Work to be performed and an appreciation of the nature of the location, environment, and conditions where such Work is to be performed; (b) be aware of specific or unusual hazardous condition, existing or potential and the control measures required to protect against, control, mitigate, or where possible, avoid said hazard; and (c) have an emergency response plan/evacuation procedures. 8 7.1.2 Where Contractor Personnel are working directly with or in proximity (time or space) to CP Personnel, job safety briefings must include both CP Personnel and Contractor Personnel, and any other affected third parties. The job safety briefing shall identify nature and extent of the interaction between the Work being performed by Contractor Personnel, and those performed by CP Personnel or other third parties. Contractor Personnel shall inform CP Personnel, and any other third parties of known or potential unsafe conditions and hazards that may be created by, resulting from, or inherent in their Work and the corresponding preventative, mitigation, and/or control measures at all job briefings prior to commencing Work, or as soon as Contractor Personnel becomes aware of such conditions. 7.1.3 In all situations, all Contractor Personnel are expected to: (a) continually identify hazards and assess risk of hazards and to continually and clearly communicate all hazards to the Manager-in-Charge and to all other parties that may be affected at job safety briefings, and at any other time as and when appropriate or necessary; (b) take actions that are within their assigned responsibility to eliminate or control hazards and risks; and (c) immediately notify their supervisor or the Manager-in-Charge of hazards that pose unacceptable risk that they are unable to eliminate or control. 7.1.4 Where Contractor Personnel are unable to eliminate or control a hazard, Contractor Personnel shall take interim measures to protect people, property, equipment and the environment until the hazard can be properly assessed and appropriate corrective actions taken. 8 Applicable Legislation 8.1 General Requirements 8.1.1 Contractor and Contractor Personnel shall be solely responsible for identifying and complying with all Applicable Legislation. At a minimum, Contractor and Contractor Personnel shall comply with the federal legislations set out below which list is intended solely for general guidance, and not as a comprehensive list of all Applicable Legislation. 8.1.2 Additionally, the Association of American Railroads (AAR) is an industry association which can provide support and guidance on matters related to railroad safety and the transportation of hazardous materials. 8.2 Transportation of Hazardous Materials 8.2.1 When Work involves the handling or transportation of hazardous materials (hazmat), that Work must comply with Hazardous Materials Transportation Act and regulations administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA). 8.2.2 Contractors shall be solely responsible for ensuring that all Contractor Personnel who handles, offers for transport and/or transports hazmat by any transportation mode are trained and hold a valid training certificate or is working under the direct supervision of someone who is trained and holds a valid training certificate. That training must be based on the Work that the person is expected to perform and the hazmat that the person is expected to handle, offer for transport or transport. 8.2.3 All U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations are published in Chapter I of title 49 of the Code of Federal Regulations (49 CFR). 9 8.3 Railroad Work 8.3.1 When Work involves the construction, alteration, operation, inspection and maintenance of any part of the general railroad system of transportation, that Work must comply with the Federal Railroad Safety Act and regulations administered by the Federal Railroad Administration (FRA). 8.3.2 Contractors shall be solely responsible for ensuring that all Contractor Personnel who perform railroad Work are trained and qualified in accordance with those regulations and hold valid certificates when required. 8.3.3 All FRA regulations are published in Chapter II of title 49 of the Code of Federal Regulations (49 CFR). 8.4 Occupational Safety & Health 8.4.1 Any Work being performed that may create a risk to the health and safety of any person, including CP Personnel and Contractor Personnel, when not covered by FRA regulations shall be governed by U.S. Department of Labor regulations administered by Occupational Safety and Health Administration (OSHA). 8.4.2 All OSHA regulations are published in Chapter XVII of title 29 of the Code of Federal Regulations (29 CFR). 8.5 Environmental Protection 8.5.1 Where Work is being performed that may impact the environment, that Work must comply with all applicable federal state, and local government legislation, regulations and standards. 8.5.2 Federal legislation is generally administered by the Environmental Protection Agency. A compilation of those laws and regulations can be accessed at http://www.epa.gov/lawsregs/ 9 Security Access to CP Property 9.1.1 All Contractor Personnel must have personal identification and/or eRrailsafe credentials authorizing access and in their possession at all times while on CP Property, and present them for review to any Manager-in-Charge, other CP managers and employees, Police Officer, security guard, or regulatory officer upon request: (a) photo identification (e.g. driver’s license); and (b) proof of employment, document or card; and (c) CP safety orientation certificate; or (d) building access pass issued by CP or third party having control over CP premises; or (e) CP security photo ID card or badge; or (f) other proof of safety orientation and access authorization issued by CP. (g) Valid eRailsafe card 9.1.2 Where any Work requires Contractor Personnel to ride in locomotive or other non-passenger railroad equipment, the Contractor must also possess a CP ACCESS PASS for riding non- passenger railroad equipment, signed by the responsible operating manager. Such a signed pass must be presented to the train crew or operator when boarding the equipment. Failure to possess such a pass will result in the equipment not moving, removal from the equipment, and/or the filing of trespasser charges. 10 9.2 Security Awareness 9.2.1 Contractor shall conduct employee background checks as is necessary to ensure that Contractor Personnel do not pose a security risk to CP, such security risk includes the risk of the commission of terrorist activities, sabotage, vandalism, theft, and violence. CP reserves the right, at all times, to require that Contractors undertake certain security training and/or performs background checks on Contractor Personnel, prior to allowing such Contractor Personnel to enter onto CP Property. 9.2.2 On request CP can make available a copy of CP’s Railway Security Awareness Program for use by Contractor Personnel. 9.3 Firearms & Explosives 9.3.1 Firearms (loaded or empty) are not permitted on CP Property, except for Police officers and other designated government officials when authorized to do so. 9.3.2 No explosives will be permitted on CP Property without written approval by the Manager-in-Charge. 9.4 Reporting Contractor Personnel must report any security concern, security incident, criminal activity (known or suspected), suspicious happenings and/or suspicious persons on CP Property to the Manager-in-Charge or to CP Police Services in accordance with Section 18. 10 Personal Conduct 10.1 Drug and Alcohol Prohibition CP recognizes the problem of alcohol and substance abuse in today’s society. This problem poses particular concerns to an employer who is subject to governmental regulations and seeks to promote the safety of the general public. CP has a concern for the safety, health and well-being of its employees as well as an obligation to comply with the United States Department of Transportation (DOT) and Federal Railroad Administration (FRA) regulations. CP will comply with all statutes and regulations administered by the FRA in implementing the required 49 CFR §219 Drug and Alcohol Program. CP also expects employees of other railroads, visitors or contractors to comply with this regulation while on CP property, consistent with federal regulations. If subject to this regulation, Contractor shall be solely responsible for compliance with the 49 CFR Part 219. Contractor shall provide CP with proof of its compliance prior to performing services for CP and continued proof of compliance must be provided to CP immediately upon request. This proof of compliance will include, but will not be limited to, a copy of the 49 CFR §219 Drug and Alcohol Program Plan and FRA Approval Letter and Continued Certification of Compliance and Statistical Reporting. Periodic audits to ensure compliance with these regulations may be performed and cooperation and compliance is expected upon request. If subject to other DOT modalities and regulations, such as the Federal Motor Carriers Safety Administration (FMCSA), compliance of that modality’s drug and alcohol program guidelines will be required and periodic audits to ensure compliance with these regulations may be performed and cooperation and compliance is expected upon request. 10.1.1 Entry onto CP Property when in possession of, or under the influence of alcohol, intoxicants, narcotics, or controlled substances is strictly prohibited. Controlled substances include all Schedule 1 drugs (such as marijuana and “medical marijuana”) and synthetic/designer drugs and/or any intoxicants or products labeled “not intended for human consumption”. 10.1.2 The sale, trade, and/or offer for sale alcohol or controlled substances are prohibited. 11 10.1.3 Additionally, Contractor Personnel shall be free of any condition which may in any way adversely affect alertness, concentration, responsiveness, or the ability react calmly and responsibly to safety hazards. 10.1.4 CP reserves the right to request drug and/or alcohol tests for Contractor Personnel as and where required or permitted by law. 10.2 Inappropriate Behavior 10.2.1 CP is committed to maintaining a work environment that supports the dignity of all individuals. No person working at CP may be subjected to any form of discrimination or harassment, including sexual harassment. 10.2.2 Acts or threats of violence are unacceptable at all times on CP Property. Uttering of threats or committing acts of violence will result in the removal of the responsible Contractor Personnel from CP Property, termination of the Contract, and/or criminal charges. 10.2.3 Horseplay, practical jokes, fighting or any other activity that may create a safety hazard is not permitted. 10.3 Electronic Entertainment and Communication Devices 10.3.1 The use of personal entertainment devices, including portable audio and video devices such as compact DVD, CD, video game players, tablets, SMART watches and MP3 players, is prohibited: (a) while Working on CP Property; (b) while transporting CP Personnel, whether on and off CP Property; and (c) while operating any CP highway vehicle, railroad equipment or mobile equipment, whether on and off CP Property. 10.3.2 The use of electronic communication devices, including cell phones, Smart Phones, Blackberries, walkie-talkies, PDAs, iPads, Tablets, GPS navigation units, portable computers, and similar devices, is prohibited: (a) while operating any highway vehicle, unless it is stopped and parked in a safe location; (b) while transporting CP Personnel, whether on and off CP Property; (c) while operating or assisting in the operation of any railroad equipment or mobile equipment; (d) while operating power tools, equipment or machinery; (e) when Foul of Track for any reason; (f) wherever use is prohibited by signage or by a CP manager; or (g) whenever use of such a device creates an unsafe condition. 10.3.3 Notwithstanding the foregoing, company cell phones, radios, walkie-talkies, GPS units, iPads, tablets and other communication devices may be used solely for the conduct of business when authorized by the CP Manager-in-Charge and where not prohibited by state or municipal legislation. Any electronic communication device may be used when it is necessary to communicate an emergency condition. 10.4 Smoking 10.4.1 Smoking, including the use of e-cigarettes is prohibited on all CP Property, and in or on all highway vehicles, Railroad Equipment, and Mobile Equipment, except for CP designated outdoor smoking areas. 12 11 Personal Protection 11.1 Work Clothing 11.1.1 The Contractor must ensure that Contractor Personnel wear clothing that meets applicable legislation and is suitable to perform the work safely. This includes at minimum ankle length pants and waist length shirts with a minimum quarter-length sleeves at all times. Clothing must not interfere with vision, hearing or use of hands and feet. 11.2 Personal Protective Equipment (PPE) 11.2.1 The Contractor shall ensure that Contractor Personnel wear personal protective equipment required by applicable legislation, regulations, codes and industry standards as necessary to protect against personal injuries while on railroad property. All personal protective equipment shall meet applicable legislation and American National Standards Institute (ANSI) standards and shall be in good condition and be properly fitted. 11.2.2 The following mandatory personal protective equipment (“PPE”) shall be supplied by the Contractor at its own expense, and shall be worn at all times by Contractor Personnel while on CP Property: (a) safety hard hat, meeting ANSI 89.1 standards, except in office buildings or in enclosed vehicles or equipment; (b) safety footwear with protective toe caps and puncture resistant soles, meeting ASTM F2413 standards. (c) safety glasses with permanently attached side shields meeting ANSI Z87.1 standards in office buildings or enclosed highway vehicles. Note- transition lenses are not permitted; (d) high visibility fluorescent outerwear with retro reflective striping meeting ANSI 107 Class 2 standards not covered by other clothing or equipment, except where necessary for safety reasons such as where fall protection or pole climbing equipment is being used; and (e) any other PPE as required by applicable legislation or referenced standard, or as otherwise required to protect Contractor Personnel from injuries. Type of Protection Additional Recommendations Hard Hats Have hi-visibility characteristics which are not obscured by markings or decals Safety Eyewear Tinted safety eyewear must meet military standards for red signal recognition if operating railroad equipment (safety eyewear meeting this requirement is available from ORR Safety; ask for CP approved tinted safety eyewear) Transition lenses are discouraged and should be worn with caution when working in changing light conditions Personal sunglasses are discouraged and must not be worn when operating Railway Equipment Wear mesh face shields over top safety glasses when using any striking tool while performing on track maintenance work (e.g. spiking, snapping on/off anchors, etc.). If working alongside CP employees you will be required to comply with this practice. Safety Footwear Have defined heels Be laced and tied securely for ankle support When snow and ice conditions are present wear anti-slip winter footwear High-Visibility Apparel Lime-green is recommended when working on, or near tracks, or when performing Co-mingled Work 13 11.2.3 Contractor and Contractor Personnel shall be solely and fully responsible for assessing the risks related to the work and determining whether additional PPE may be required such as: (a) Nomex or Proban fire-retardant protective gear when performing certain Transportation of Dangerous Goods (TDG) work and/or handling certain Hazardous Materials, or performing specialized work. (b) hearing protection when working in any area where noise exposure levels: (i) are consistently equal to or greater 85 dBA; (ii) exceed 115 dBA at any time; and (iii) any other work areas where posted, or so notified by CP management. (c) respiratory protection where Contractor Personnel may be exposed to occupational dusts/particulates, fumes, mists, gases and vapors, in which case, in which case Contractors must have a written Respiratory Protection Program that meets or exceeds applicable legislation; (d) additional eye and face protection meeting ANSI standard Z87.1 (i.e. face shields, impact/splash goggles, welding/cutting goggles and welding helmets); and (e) fall protection systems and equipment meeting appropriate ANSI Z359 standards as required by applicable legislation and as appropriate for the related fall hazards. (f) fall protection when working on an unguarded surface over water, where the water is deeper than 4 feet, or where there is a hazard of drowning due to terrain, winter conditions, water velocity or current; contractors must use a fall protection system or a personal floatation device (PFD) meeting approved standards. 12 Railroad Track Protection 12.1 Contractor’s Responsibilities for the Protection of Railroad Traffic and Property 12.1.1 Where the Work Site is in close proximity to, or is located on, above, or below railroad tracks, special attention, care and precautions shall be taken to ensure the safety of all Contractor Personnel, CP Personnel, all other third parties and to protect CP’s property and railroad operations. 12.1.2 Contractor shall ensure that Contractor Personnel is made aware of all unique and inherent hazards in working near, on, above or below railroad tracks and shall ensure that all Contractor Personnel are fully trained and equipped to work safely. 12.1.3 Contractors who perform inspection, maintenance or repair to railroad tracks or track structures must be trained in accordance with FRA On Track Safety Rules (FRA 49 CFR Part 214, Subpart C - Roadway Worker Protection Regulations). 12.1.4 Contractors will not be allowed to foul a track unless: (a) They have been properly advised of the On Track Safety awareness procedures; (b) A railroad employee who is qualified to provide protection is present at the work site, or. (c) The Contractor has personnel present who are specifically trained, qualified and authorized to provide that protection. 12.1.5 All work shall be organized or executed in such a manner as to ensure no interference with the regularity and safety of railroad operations. No step or sequence of any Work that might directly 14 or indirectly affect the safe movement of railroad traffic shall be started without the approval of the Manager-in-Charge. 12.1.6 No temporary structure, materials, or equipment shall be permitted closer than 12 feet to the nearest rail of any track without prior approval in writing of the Manager-in-Charge. Contractor Personnel shall at all times remain alert to the movement of trains, rolling stock and other railroad equipment. 12.1.7 Contractor Personnel shall be especially alert in yards and terminal areas as (a) Railroad equipment that appears to be stationary may be moving; (b) the rate of movement of railroad equipment may be faster than it appears; (c) Railroad equipment change tracks often; and movements may be occurring simultaneously on adjacent tracks. 12.1.8 The Contractor shall, at all times, conduct its operations in a wholly responsible manner to avoid damage to the CP’s tracks or property. 12.2 50 feet Clearance Requirement 12.2.1 All work shall be performed as far away from railroad tracks as possible. 12.2.2 Unless authorized by CP, Contractor Personnel, equipment, and vehicles are not permitted to be within 50 feet of the closest track centerline. 12.2.3 In the event work must be carried out within 50 feet of the closest track written authorization must be obtained from the Manager-in-Charge, and Contractor Personnel must still remain at the maximum practicable distance from all railroad tracks at all times. 12.2.4 When crossing tracks, Contractor Personnel shall ensure a minimum of 50 feet separation between standing railroad equipment, stay at least 15 feet away from the end of the nearest equipment, and look both ways before crossing tracks, and if clear, walk at a right angle to the tracks. 12.2.5 No work activities or processes are allowed within 50 feet of the track while trains are passing through the work site unless specifically authorized. 12.3 Flagging Protection 12.3.1 When the Work requires Contractor Personnel to be within 50 feet of any railroad tracks, Contractor or Contractor Personnel shall notify and obtain the written approval of the Manager-in-Charge in advance of the intended start date, and when approved, shall only perform Work strictly in accordance with all terms and conditions of that approval. 12.3.2 Unless otherwise indicated by the Manager-in-Charge, proper protection against the movement of trains, rolling stock and other railroad equipment shall be deemed required at all times whenever Work or Contractor Personnel must be within 50 feet of the closet track. Protection may be provided only by a qualified CP employee through use of a flag person. 12.3.3 Where CP determines that flagging is required, then Work must be strictly conducted under the direction of a CP flag person or such other person designated by the Manager-in-Charge. 12.3.4 Contractor Personnel shall ensure that there is clear communication at all times between Contractor Personnel and any CP flag person. Contractor Personnel shall ensure that they are aware of: (a) flagging distance limits; (b) time limits; and (c) any adjacent tracks where movement of railroad equipment may still occur. 15 12.3.5 Contractor Personnel shall not assume that a train movement is being stopped or cleared unless clear communication is received directly from the CP flag person. 12.3.6 A job briefing between the CP flag person and all Contractor Personnel must occur before beginning any Work on or Foul of Track. 12.3.7 Blue signal protection is used to indicate that CP or Contractor Personnel are working on, under or between railroad equipment and movement of trains or other railroad equipment is prohibited. Blue signals must not be tampered with or obstructed. Blue signals can only be removed by the person or group of persons who originally applied it. Application, use, and removal of blue signals, when appropriate, may only be done under the authorization and guidance of the Manager-in-Charge. 12.3.8 Red flag protection is used to indicate that CP or Contractor Personnel are working on or foul of track, or the track is out of service and movement of trains or other railroad equipment is prohibited. Red flags must not be tampered with or obstructed. Application, use, and removal of red flags, when appropriate, may only be done under the authorization and guidance of the Manager-in- Charge. 12.4 Working on or near Tracks 12.4.1 When authorized to perform Work foul of track or otherwise be near railroad tracks, Contractor Personnel shall ensure all Contractor Personnel, equipment, and vehicles are kept as far away from railroad tracks as practicable, and shall at all times: (a) be alert to train movements and shall expect the movement of trains, engines, cars, or other mobile railroad equipment at any time, on any track, and in any direction, even if they appear to be stationary or in storage; (b) not rely on others to protect them from train movement; (c) stay at least 15 feet away from the ends of railroad equipment when crossing the track; (d) ensure a minimum of 50 feet separation prior to crossing between Railroad Equipment; (e) look both ways before crossing tracks, and if clear, walk at a right angle to them. (f) never climb on, under or between railroad equipment; (g) be aware of the location of structures or obstructions where track clearances are close; (h) not stand on the track in front of an approaching engine, car or other equipment; (i) stand at least 20 feet from the track(s) when there is a passing movement of trains, engines, cars, or other mobile railroad equipment, to prevent injury from flying debris or loose rigging and shall observe the train as it passes and be prepared to take evasive action in the event of an emergency; (j) not stand on or between adjacent tracks in multiple track territory when a train is passing; (k) not walk, stand or sit on the rails, between rails or on the end of ties, unless absolutely necessary. As the rail surface can be extremely slippery, personnel must step over the rails when crossing tracks. Personnel shall also be aware railroad ties can also be slippery and that railroad ballast can shift while walking on top of it. Situational awareness and use of proper footwear is important; (l) not remain in a vehicle that is within 50 feet of a passing train unless specifically authorized, or where this is not possible. (m) keep away from track switches as remotely operated switch points can move unexpectedly with enough force to crush ballast rock. Personnel shall stay away from any other railroad devices they are unsure of. Personnel shall not disturb or foul the ballast at any time. 16 (n) Third party work that has a potential to impact rail traffic must take into account machine swing radius, vertical grade differences, overhead work, etc to ensure it will not impact a passing train; work and equipment must maintain a distance of 50 feet of a passing train. (o) When exiting on track machinery as trains are passing; exit on the opposite side. (a) use 3-point contact when getting on/off any vehicle, equipment or track unit; (b) face the vehicle or equipment/track unit when getting on/off (c) place handheld items onto equipment/track unit or seek help prior to getting on/off (d) get on/off on the operators side when possible 12.5 Equipment on or near tracks 12.5.1 Contractor Personnel shall not be Foul of Track with any piece of equipment without a CP flag person or other authorized track protection; 12.5.2 Contractor Personnel shall not move equipment across the tracks except at established road crossings, or unless under the protection and authorization of a CP flag person and only if the Work Site has been properly prepared for such a move. Tracked equipment will require a CP flag person any time railroad tracks are crossed. 12.5.3 Contractor Personnel shall not move equipment across railroad bridges or through tunnels, except as expressly authorized and only under such conditions as stipulated by the Manager-in-Charge. 12.5.4 When there is passing rail traffic, Contractor Personnel shall move equipment away from the tracks at least 50 feet, or where not possible, park the equipment as far away from the tracks as possible, exit to the side away from the track where the movement is taking place, and walk to a safe a distance. 12.5.5 When there is passing rail traffic, buckets, shovels, and loads on cranes must be lowered to the ground to rest, and cranes without a load must have their load line tightened or retracted to prevent movement. 12.6 Railroad Signs, Signals, Flags and other Communication Infrastructure 12.6.1 Signs, signals and flags shall not be obstructed, removed, relocated, disabled or altered in any way without proper authorization and qualification. 12.6.2 Only qualified Contractor Personnel who are authorized by CP are permitted to operate switches, derails, electric track mechanisms, signal and communication systems or other track control appliances. 12.6.3 Railroad pole lines carry electric power and should be treated as any other power lines. 12.6.4 The Contractor shall keep all Contractor Personnel informed of current weather conditions. Personnel shall stay alert for possible high water conditions, or flash floods. During severe weather conditions: a) Personnel shall be prepared to take cover in the event of a tornado b) Personnel shall not work while lightning is occurring c) If storm conditions arise unexpectedly, Contractor Personnel shall ensure that equipment is in the clear of the tracks and secured before seeking cover. Contractor Personnel shall stay away from railroad tracks when visibility is poor, such as during fog or blizzard conditions. Any Contractor personnel discovering a hazardous or potentially unsafe condition, which may affect the safe passage of railroad traffic, must advise CP Police immediately by calling the CP Police Communications Centre – 1-800-716-9132 17 12.7 Excavation 12.7.1 Before starting excavation operations, the Contractor shall ascertain that there are no underground wires, fiber optic cables, pipelines or other utilities which could be damaged or, if present, that such installations are properly protected. Fiber optic cables are present on most segments of the right- of-way. Prior to commencing any excavation, the Contractor shall contact the proper authority CP and/or public utility to obtain the necessary permit and to locate and protect such cables or other underground utilities. 12.7.2 Excavations shall not be left unattended unless they are properly protected; and the Manager-in- Charge shall be notified. 12.7.3 Contractors MUST obtain and maintain utility locates in accordance with applicable law. 13 HAZCOM 13.1 General Requirements 13.1.1 If at any time Contractor’s Work involves the use, handling, storage, or disposal of Hazardous Materials (“Handling of Hazardous Materials”), Contractor Personnel must inform the Manager-in- Charge. 13.1.2 Contractors shall ensure that all Contractor Personnel are fully trained in the Handling of Hazardous Materials and that Contractor and Contractor Personnel are in full compliance with all Applicable Legislation, and as directed by the Manager-in-Charge. 13.1.3 Contractor Personnel shall have appropriate processes, systems and controls in place to prevent or otherwise mitigate potential environmental, health and safety risks associated with the Handling of Hazardous Materials. 13.2 Access to Safety Data Sheets (SDS) 13.2.1 Prior to beginning any Work that may expose CP Personnel to Hazardous Materials, Contractor or Contractor Personnel shall: (a) provide a copy of the respective SDS to the Manager-in-Charge; and (b) keep a copy of the SDS at the work site and ensure that it is readily available at all times. 13.3 Hazardous Material Incident or Spill 13.3.1 In the event of a hazardous material incident or spill, the Contractor must: (a) ensure that no Contractor or CP Personnel have or will be exposed; (b) take all reasonable actions to contain the spill; (c) respond in accordance with its emergency response plan; and (d) notify CP immediately in accordance with Section 18 below. 18 14 Operation of Highway Vehicles 14.1 Highway Vehicles 14.1.1 The following requirements apply to all highway vehicles, when operated on CP Property; or used to transport CP Personnel. 14.2 Regulations and Inspection 14.2.1 Before using a highway vehicle, Contractor Personnel shall: (a) complete a pre-trip inspection; (b) maintain an inspection log; (c) ensure periodic inspections are completed at official testing locations as required; (d) ensure the vehicle is maintained and in safe operating conditions at all times; and (e) ensure the vehicle is in compliance with applicable motor vehicle regulations and license requirements. 14.2.2 Vehicle maintenance, inspection records and logs must be made available to the Manager-in- Charge on request. 14.3 Vehicle Operator Requirements 14.3.1 Operation of highway vehicles is restricted to those Contractor Personnel who are licensed, qualified and authorized to do so. Such Contractor Personnel shall be responsible for the safety of all passengers at all times. For greater certainty, such Contractor Personnel shall: (a) hold a valid license for the class of vehicle being operated, in accordance with applicable local, state and federal requirements, and (b) strictly comply with all posted traffic signs, signals, and all shall obey all applicable legislation; and (c) maintain the required driver log, and make the log available to the Manager-in-Charge on request, and (d) comply with the requirements on the use of electronic devices as set out in Section 10 above. 14.4 Driving on CP Property 14.4.1 In addition to the requirements set out above, while on CP Property, Contractor Personnel shall: (a) travel only on designated roadways unless otherwise instructed; (b) keep daytime running lights on (if so equipped); (c) not exceed 15 mph unless otherwise posted; (d) come to a full stop at all blind corners, rail and roadway crossings; (e) yield the right of way to all Mobile Equipment and other non-highway equipment or service vehicles; (f) not operate vehicles (or any internal combustion equipment) inside buildings or enclosed structures unless adequate ventilation is provided; (g) not park Foul of Track unless on-track protection is provided; (h) not leave vehicles running unnecessarily; 19 (i) park only in pre-determined or designated areas; (j) always use the parking brake (or wheel chocks) when leaving an unoccupied vehicle running; and (k) prior to operation of a vehicle the driver must conduct a walk around of the vehicle to identify any obstacles, clearance restrictions, or adjacent vehicles that may interfere with executing a safe movement. (l) where safe and practicable, pull vehicles through or back into marked parking spaces to avoid reverse collisions when exiting. (m) If a passenger is present, he exit the vehicle prior to a reverse movement to provide guidance and direction to the driver during the reverse movement and applies to commercial vehicles and vehicles with restricted rear views 14.4.2 All Contractor Personnel who will be operating a highway vehicle or Mobile Equipment in any CP intermodal facilities must complete a Driver Safety Orientation program prior to first entry, and from time to time thereafter as directed by the Manager-in-Charge. 14.5 Seat Belts 14.5.1 Seat belts must always be worn while operating or riding in any equipped vehicle unless Contractor personnel is actively engaged in inspections requiring said Contractor Personnel to be free of such restraint, and then only when the vehicle is operating at less than 15 mph. 14.6 Loads 14.6.1 Contractor Personnel shall ensure vehicles are loaded according to weight and dimensional requirements as authorized by state regulations and permits, and properly load and secure tools, material, equipment and freight to avoid shifting, falling, leaking or otherwise escaping from vehicles during operation. 14.7 Riding in CP Vehicles 14.7.1 Contractor Personnel are prohibited from operating or riding in any CP vehicles unless authorized to do so, or in case of emergency. 15 Tools, Equipment and Machinery 15.1 General Safety Requirements Respecting All Tools, Equipment and Machinery 15.1.1 Contractor Personnel shall ensure that all tools, equipment, and machinery used be: (a) in compliance with all Applicable Legislation; (b) in good working order, properly serviced and maintained; (c) safe for their proposed use and used only for purposes specified by the manufacturer; (d) operated and maintained only by persons properly trained and qualified for that duty; (e) seat belts (if present on equipment) must be worn while operating or riding any such equipped mobile equipment; (f) if mobile, equipped with appropriate safety devices (e.g. lights, horns, back-up alarms, safety beacons); and prevented from moving, through use of the hand brake, wheel blocking, wheel chocking and/or a derail, where applicable. 15.1.2 The Contractor shall provide adequate lighting when performing work between sunset and sunrise. 20 15.1.3 Use of CP tools, equipment and machinery by Contractor Personnel is prohibited unless specifically authorized by local CP management. 15.2 Hazardous Energy Control- Lockout 15.2.1 Contractor Personnel shall employ lockout/tagout procedures as required to eliminate the accidental or unexpected start-up, energizing, or release of stored (residual) energy during maintenance, repair and/or servicing activities. 15.2.2 All tools, equipment and machinery must be made safe and isolated from all energy sources rendering the machine, equipment, or process inoperative prior to performing maintenance, repair or servicing related tasks. 15.2.3 No Contractor Personnel can remove any CP applied lock or tag, including bad-order tag. 15.2.4 Notwithstanding the foregoing, if Contractor’s Work may create an energy hazard to any CP Personnel, then all affected parties must follow the requirements set forth in CP’s Lockout – Hazardous Energy Control Policy and Code of Practice. 15.2.5 If CP Personnel and Contractors are jointly performing maintenance, repair or servicing activities on the same machine, equipment or using the same energy source, then a multi-lock hasp must be applied with individual locks and tags affixed (as per CP’s Lockout – Hazardous Energy Control Policy and Code of Practice). 15.3 Electrical Safety Requirements 15.3.1 In addition to the hazardous energy control lockout requirements above, all electrical Work must comply with Applicable Legislation, National Electrical Code (NEC), and National Fire Protection Association (NFPA) requirements. 15.3.2 Contractor Personnel Working on electrical systems must: (a) if in proximity to CP Personnel, inform them of: (i) existing or potential electrical hazards; (ii) any specific additional personal protective equipment that may be required; (iii) applicable safe work practices; (iv) applicable emergency and evacuation procedures; and (v) apply lock out procedures as per section above on Hazardous Energy Control- Lockout (b) have practices, procedures and training that comply with: (i) Applicable sections of the NEC and NFPA electrical safety standards; (ii) Any other Applicable Legislation; and (c) not operate or allow cranes or other mobile equipment to approach closer to any live electrical power line than is permitted by OSHA regulations (29 CFR 1910.333). 15.4 Lifting Devices 15.4.1 All lifting devices, including but not limited to jacks, cranes, cables, slings, chains and hooks shall: (a) meet Applicable Legislation governing design, inspection, maintenance and operation; (b) be safety certified and labeled or tagged with load capacity limits where required; 21 (c) have sufficient capacity for the planned lift; (d) have sufficient footing or support area to properly distribute the load during a lift. 15.5 Welding and Torch Cutting 15.5.1 When welding or torch cutting, Contractor Personnel shall: (a) be properly trained and qualified; (b) ensure that all closed containers have been properly purged; (c) direct flame or sparks away from other Workers, equipment and flammable material; (d) have a fire extinguisher readily available; (e) keep compressed gas and oxygen cylinders stored in a secure, vertical position, with regulators removed and caps applied, labeled properly and located in vented cabinets or other designated locations. 15.6 Explosive Actuated Tools 15.6.1 Only Contractor Personnel who are qualified and licensed in accordance with Applicable Legislation, and authorized by CP, may use explosives or explosive actuated tools. 15.7 Unattended Equipment or Machinery 15.7.1 Tools, Equipment and Machinery shall not be left unattended at any time and shall not be stored on CP Property, unless expressly permitted pursuant to a written agreement with CP or by the Manager-in-Charge in writing, and where so permitted, Contractor shall ensure that: (a) storage shall be restricted to the designated area, or as otherwise specified by CP. (b) all such tools, equipment and machinery shall be secured in a safe position well clear of all tracks to prevent accidental contact with trains and moving equipment and to not restrict train crew sightlines; (c) as much as possible, tools, equipment and machinery shall be stored in locations out of public view. (d) Machines must be secured in accordance with on-track machinery rules. 16 Emergency Response 16.1 Emergency Response Plan 16.1.1 The Contractor must maintain a current emergency response plan and make it available to CP on request. Emergency response plans must include at a minimum: (a) contractor reporting procedures in the event of an incident or spill; (b) emergency response contacts and phone numbers, including phone numbers for CP incident reporting and local CP managers (See Attachment A); and (c) containment measures to be taken in the event of an incident or spill. 22 16.2 Initial Response 16.2.1 Initial response to any emergency condition must follow the following sequence: (a) Protect the safety and security of all individuals and communities (b) Provide environmental protection and mitigation (c) Conduct incident investigation and evidence preservation (d) Restore railroad operations 16.3 First Aid 16.3.1 Contractor Personnel must have sufficient First Aid qualified personnel and the required First Aid kit and any other required First Aid equipment at the Work Site, suitable for the crew size, nature of Work being performed and location, all of which shall, at a minimum, comply with OSHA regulations (29 CFR 1910.266). 16.4 Fire Protection 16.4.1 The Contractor must have appropriate fire extinguishers suitable (i.e., type, size and quantity) for nature of the work being done, in compliance with applicable legislation, and be readily available at all times on: (a) the work site; and (b) all Contractor equipment, machinery and highway vehicles. 16.4.2 Contractor Personnel shall ensure that all necessary precautions are taken to prevent fires, including the following: (a) storing flammable material (e.g., paper, rubbish, sawdust, oily or greasy rags, etc.) in proper containers; (b) storing and transporting fuel, gasoline or other flammable liquids in approved containers. Use of unapproved containers is prohibited; (c) proper disposal of flammable material daily; (d) preventing static electricity when dispensing or transferring flammable liquids by using proper grounding and bonding techniques; (e) avoid using cutting or welding torches during the last one-half hour of shifts, if possible; (f) taking special precautions with fusees, including: (i) store and transport in approved containers; (ii) do not allow fusees to come in contact with any combustible material, including railroad ties or wooden timbers; and (iii) fully extinguish fusees before leaving the location where used; (g) promptly advise CP management of any fire on CP Property; and (h) fully extinguish or provide protection for any fire prior to leaving the Work Site. 16.4.3 Contractors Working on the CP right-of-way where a high risk of fire exists (e.g., during rail grinding, rail welding) must have: 23 (a) appropriate fire prevention and suppression plans (including emergency numbers for CP, local firefighters and fire control districts); and (b) additional firefighting equipment and trained Contractor Personnel on site, as required by Applicable Legislation or the Manage In Charge. 17 Confined Space 17.1 Confined Space 17.1.1 Qualified and authorized Contractor Personnel must follow all required confined space entry procedures in accordance with applicable legislation and standards prior to entering into a confined space. 17.1.2 Rescue procedures and equipment must readily available when required to enter a confined space. 18 Reportable Accidents, Incidents and Injuries 18.1 Reportable Injuries 18.1.1 Reportable injuries include any personal injury to: (a) Contractor Personnel; (b) any CP Personnel; or (c) to any third party on CP Property. 18.2 Reportable Accidents 18.2.1 Reportable accidents include any occurrence that results in: (a) damage to railroad tracks, right of way, buildings or other CP Property; (b) damage to railroad equipment; (c) damage to CP highway vehicles; (d) release of hazardous material; (e) spill or loss of transported commodities; and (f) any threat to the environment. 18.3 Reportable Incidents 18.3.1 Reportable incidents include: (a) unintended movement of railroad equipment; (b) failure to provide track protection for Workers when required; (c) movement of railroad equipment beyond authorized limits; (d) operation of railroad equipment by an unqualified person; (e) unauthorized handling of a track switch; (f) damage, vandalism or tampering with any railroad signals, structures or railroad safety device; 24 (g) seepage, leakage, spills of, or other contamination from, Hazardous Materials; (h) actual, threaten or suspected security related incidents; (i) slides, washouts or other on-track obstructions; or (j) any occurrence that may disrupt the movement of trains or affect safe rail operations. 19 Reporting 19.1 Emergency Reporting 19.1.1 In the case of an emergency, Contractor Personnel must call: (a) 911, where this emergency response system exists, or (b) the local police, fire or emergency department in all cases; and (c) CP Police Services Communication Center- 1-800-716-9132. 19.2 Accident, Incident, Injury Reporting 19.2.1 When an accident, incident or injury occurs on CP Property, the Contractor must: (a) immediately report it to the (i) CP Police Services Communication Center 1-800-716-9132; and (ii) CP Manager-in-Charge (b) follow all instructions given to protect the scene. 19.2.2 CP is obligated to report Contractor Personnel injuries occurring on CP property to the Federal Railroad Administration (FRA). Any state or required regulatory reporting remains the Contractor’s responsibility. 19.3 Information to Report 19.3.1 Information required with the initial report includes: (a) type of incident; (b) date and time of occurrence; (c) location (mileage, subdivision, building, yard or other physical description); (d) identity of person(s) involved or injured (company & name); (e) description of any hazardous materials involved; (f) type & unit number of any railroad equipment or vehicle involved; (g) description of occurrence, damage and/or injury, and cause if known; (h) description of any emergency response; (i) name and contact information of person making the report; and (j) any such other information that CP may require. 19.4 Environmental Incidents and Spills 19.4.1 In the event of an environmental incident or spill that could have a negative impact on the environment, the Contractor must immediately: (a) report the incident to the Operations Center, the Manager-in-Charge, and the designated CP Contact as per the governing agreement relating to the Work; (b) take all reasonable actions to contain the spill; (c) respond in accordance with its emergency response plan; and 25 (d) provide CP with the following information; (i) description of location and surrounding area, including any sensitive environmental areas nearby (e.g., rivers, parks, sewers); (ii) type and quantity of substance released; (iii) cause of spill or deposit, if known; and (iv) details of any immediate action taken or action proposed to be taken to contain spill and recover substance. 19.5 Additional Contractor Requirements 19.5.1 Contractor and Contractor Personnel must: (a) ensure an appropriate emergency response is initiated; (b) protect any evidence until released by the CP Manager-in-Charge; (c) cooperate fully with any CP investigation; (d) cooperate fully with any investigating government agency; and (e) notify CP if information is requested by any investigating government agency. 20 Contractor & Contractor Personnel Acknowledgement Acknowledgement 20.1.1 Contractor and Contractor Personnel who Work on CP Property shall be deemed to have read and understood the content of these Minimum Safety Requirements for Contractors While Working on CP Property in the United States, as amended from time to time, and to agree to be bound by them. 20.1.2 These Minimum Safety Requirements for Contractors While Working on CP Property in the United States are subject to change without prior notice. The most current version of these Minimum Safety Requirements can be viewed at www.cpr.ca or by contacting the Manager-in-Charge. Home SafeTM is a commitment to be vigilant about personal safety and the safety of co-workers. 26 NOTES: 27 21 Attachment A – Emergency Information Sheet EMERGENCY CONTACT INFORMATION EMERGENCY CONTACTS PHONE LOCATION CP Minneapolis Operations Center 1-800-766-4357 . CP Police Services 1-800-716-9132 CP Railroad Traffic Controller Radio Channel Manager-in-Charge Local Police Services Local Fire Services: Local EMS Hospital Physician Aircraft Service, (if applicable): Watercraft Service, (if applicable): Other Emergency Services Emergency Evacuation Route (Describe nearest evacuation assembly location OR Provide sketch on back) 28 WORK SITE INFORMATION PHONE LOCATION Work Site Location Name Railroad Subdivision & Mileage Address, Number and Street Nearest Town CP Manager-in-Charge Emergency Site Access Route (Describe route from nearest emergency services location in detail including access roads & physical landmarks OR provide sketch on back.) Contractor Supervisor Site Telephone Certified First Aid Attendant Location of First Aid Supplies at Site Location of Fire Extinguishing Equipment: Location of WHIMS data sheets UTILITY INFORMATION UTILITIES CONTACT PHONE LOCATION Natural Gas: ( ) Electrical: ( ) Fiber Optic Line: ( ) Water & Sewer: ( ) Telephone: ( ) Cable System: ( ) Qualified employee(s) in: ( ) Confined Space Entry, (if applicable): ( ) Equipment requirements for Confined Space Entry, (if applicable): ( ) Other: Date: September 20, 2022 Agenda Item #: VI.F. To:Mayor and City Council Item Type: Request For Purchase From:Jon Darsow, Facilities Supervisor Item Activity: Subject:Request for Purchase: Engineering Services Public Works Trench Drain Repairs Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request For Purchase for Engineering Services for Public Works Trench Drain Repairs with Kimley- Horn for $84,800. INTRODUCTION: Public Works Trench Drains are in need of substantial repairs. These Trench Drains have gone through extensive testing of chloride levels and structural condition. The assessments and tests have produced a short-term and long- term repair approach. This contract will develop bidding documents and manage construction repairs. ATTACHMENTS: Description Request for Purchase: Engineering Services Public Works Trench Drain Repairs Public Works Trench Drain Repairs Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200203 Department:Engineering Buyer:Jon Darsow Date: 09/08/2022 Requisition Description:Eng Services Public Works Trench Drain Repairs Vendor:KIMLEY-HORN AND ASSOCIATES INC Cost:$84,800.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: The Public Works trench drains are in need of substantial repairs. These drains have gone through extensive testing of chloride levels and structural condition. The assessments and tests have produced a short-term and long-term repair approach. This contract will develop bidding documents and manage construction repairs. BUDGET IMPACT: This project is funded from 2020 budget surplus funds dedicated to facility maintenance. 2 COMMUNITY IMPACT:N/A ENVIRONMENTAL IMPACT:N/A kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 August 3, 2022 Mr. Jon Darsow Facilities Supervisor City of Edina 7450 Metro Boulevard Edina, MN 55439 RE: City of Edina Public Works Trench Drain Repairs Supplemental Agreement to Master Agreement for Professional Engineering Services Dear Mr. Otten: Kimley-Horn is pleased to submit this Supplemental Agreement describing our Project Understanding, Scope of Services, Additional Services, Schedule and Compensation for the preparation of repair documents in the maintenance areas and car wash bay at the City of Edina’s public works facility located at 7450 Metro Boulevard. The work will be performed in accordance with Kimley-Horn’s Master Services Agreement with the City. Project Understanding It is our understanding that the City’s Public Works Building located at 7450 Metro Blvd. has a fleet vehicle servicing and maintenance garage within it. The cast-in-place concrete floor of the garage is sloped for drainage to three continuous linear trench drains of approximately 230 linear ft each. The trench drains are located down the centers of the interior traffic lanes. The City previously retained Kimley-Horn to perform a condition assessment of the trench drains and car wash bay and would like to proceed with the proposed repairs outlined in Kimley-Horn’s Condition Assessment Report dated 7-12-22. The City would like Kimley-Horn to provide bidding and construction documents that consist of Near Term and Long Term Trench Drain repairs and the Near Term Car Wash Bay Repairs as outlined in Kimley-Horn’s condition assessment report. The City would like the Long Term repairs to be added to the documents via a bid alternate or other appropriate mechanism which would allow contractors to bid on both the Near Term scopes and Long Term Scopes such that the City could choose the scope of work to be done based on budget availability at the time of contract award. In general, the Near Term trench drain repairs consist of replacement of the slab-on-grade along the North trench drain and repairs of existing slab-on-grade along the Middle and South trench drains. In general the Long Term trench drain repairs consist of the replacement of the slab-on-grade along the Middle and South trench drains. The Near Term car wash bay repairs include minor concrete repairs at the slabs, walls and ceilings, and repainting the car wash bay walls where paint is peeling. Page 2 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 It is also our understanding that the City would also like the documents to include some minor slab- on-grade improvements to allow for the placement of future EV Charging stations. The minor slab- on-grade improvements consist of removal and replacement of some slab-on-grade sections near Grid intersection E/6 to allow for placement of conduit and bollards in the replaced slab-on-grade to accommodate the future EV Charging stations. City personnel would select, procure, and place the conduit within the slab-on-grade after the contractor removes the selected slab sections. The documents would include the bollard placement. This Supplemental Agreement outlines Kimley-Horn’s services for the preparation of Bid and Construction documents for the proposed repairs and the Construction Phase Services associated with them. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1: Document Development · Review existing plans for the Public Works Building (provided by Client). · Visit the site up to one (1) time to confirm project conditions where necessary. It is assumed that up to two (2) hours may be needed in addition to travel time. · Perform structural engineering services to design the required structural repairs. · Develop working drawings of the existing facility only as needed to develop the repair plans. Working drawings will be based on existing plans (PDFs) provided by the Client. · Develop repair drawings including a plan showing repair locations, appropriate repair details and quantities. Repair drawings to include the Near and Long Term trench drain repairs, the Near Term car wash bay repairs, and the minor slab-on-grade improvements as described above. · Develop technical specifications. · Assist Client with preparation of front-end specifications: o Review and comment on Client’s front-end specifications (WORD file format) one time. o Provide one final review of final documents (PDF format) after Client makes corrections per KH comments. o Client responsible for leading creation and completion of front-end specifications · Attend up to two phone conferences with City (1hr each). · Deliver 90% drawings and technical specifications documents for review by City of Edina. · Respond to one (1) round of Owner review comments to the 90% deliverable. · Deliver drawings (22x34 – PDF format) and technical specifications (8 1/2 x 11 – WORD document format) to City of Edina for bidding. · Provide project management and quality control reviews necessary to complete the work. Page 3 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Task 2: Limited Bid Phase Services · Attend up to one pre-bid conference, either in person or by phone as is deemed appropriate (Up to 2 hours). · Respond to up to three (3) contractor pre-bid requests for information or substitution requests. · Review and provide comments regarding up to three contractors’ bid submittals · Develop and deliver up to one (1) addendum to the Bid Documents for Client distribution to the bidders. · Bid Phase client communications (up to 3 hours). Task 3: Limited Construction Phase Services · For the purposes of developing fees, It is assumed that the construction phase duration will be sixteen (16) weeks from Contractor’s date of mobilization to date of Final Completion. · Attend up to one (1) pre-construction meeting led by Contractor (up to 2 hour) and up to six (6) construction progress meetings (up to one hour) led by Contractor at a mutually agreed-to schedule. · Provide part-time on-site construction observation. Assumes an average of four (4) hours per week of construction observation time during the assumed construction phase duration. · Review and respond to specified product submittals. Kimley-Horn will review each submittal up to two times. Additional reviews will be considered additional services. · Review and respond to up to twelve (12) contractor requests for information (RFIs) and up to four (4) change order requests. · Review and comment on up to four (5) contractor’s pay applications. · Assist the Client in preparation of up to two (2) Change Orders. It is assumed that Change Orders can capture modifications proposed in multiple change order requests. · Review and comment on contractor-provided record drawings for completeness (PDF format) · Review and comment on contractor close-out document submittals. · Review specified project test reports. · We assume construction surveying or material testing, if necessary, will be provided by the Client. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: · Site Civil or Survey Work · Preparation and delivery of design calculations, If any. Page 4 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 · Additional Bid Phase services beyond the limited scope noted above including but not limited to bid advertisement, and attendance at bid opening. · Additional Construction Phase service beyond the limited scope noted above including services for construction phase extending past the assumed duration. Schedule Kimley-Horn will provide the services listed in the Scope of Services within a timeline as agreed upon by Kimley-Horn and the Client. Kimley-Horn will work with the Client to complete our Scope of Services as expeditiously as possible considering the constraints of the Client. Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Supplemental Agreement that affect availability of resources and staff of Kimley- Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID- 19 Virus. Fee and Billing Kimley-Horn will provide the services described in the Scope of Services on a labor fee plus expense basis with the maximum total fee shown below: Task 1: Repair Document Development $ 37,500 Task 2: Limited Bid Phase Services $ 6,700 Task 3: Limited Construction Phase Services $ 40,600 Total Fees (Labor plus Expense) $ 84,800 Kimley-Horn will not exceed the total fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. A percentage of labor fee will be added to each invoice to cover certain expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly. Payment will be due within 35 days of the date of the invoice. Page 5 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions of the Master Agreement for Professional Engineering Service (MAPES) between the City and Kimley Horn and Associates, Inc. dated August 16, 2013. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We appreciate this opportunity to continue our services to the City of Edina. Please contact me at 651-426-2218 if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Pat Carlson, P.E. William D. Matzek, P.E. Project Manager Senior Vice President Copy: File Agreed to this day of , 2022. CITY OF EDINA BY:________________________________ Scott Neal. City Manager Date: September 20, 2022 Agenda Item #: VI.G. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request for Purchase: Edinborough Park Building Automation System Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for Edinborough Park Building Automation System with Northern Air Corporation for $92,714. INTRODUCTION: The existing Edinborough Park heating ventilation and air conditioning (HVAC) controls are legacy stand alone systems. The new building automation system (BAS) will optimize equipment operation and energy efficiencies by connecting the different systems together in one unified control system. ATTACHMENTS: Description Request for Purchase: Edinborough Park Building Automation System Contract FC22-108 Edinborough BAS System Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200202 Department:Engineering Buyer:Noah Silver Date: 09/06/2022 Requisition Description:FC22-108 Edinborough Park Bldg Automation System Vendor:NORTHERN AIR CORPORATION Cost:$92,714.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: The existing Edinborough Park heating, ventilation and air conditioning (HVAC) controls are legacy stand alone systems. The new building automation system (BAS) will optimize equipment operation and energy efficiencies by connecting the different systems together in one unified control system. BUDGET IMPACT: This project is funded by the Conservation and Sustainability Fund (CAS). 2 COMMUNITY IMPACT: Building comfort for guests will improve. Air exchange and temperatures will be more accurate and uniform throughout the building. ENVIRONMENTAL IMPACT: The new system will improve the operating efficiency of the existing HAVC equipment by providing more accurate and coordinated control. 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 FORM OF AGREEMENT BETWEEN CITY OF EDINA AND CONTRACTOR FOR NON-BID CONTRACT FC22-108 THIS AGREEMENT made this 20th day of September 2022, by and between the CITY OF EDINA, a Minnesota municipal corporation (“Owner” or “City”) and Northern Air Corporation, (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. AIA A201 2017 General Conditions for Construction City of Edina Approved 2022 C. Specifications prepared by City of Edina D. Drawing (192 to 194 sheets), prepared by City of Edina E. Responsible Contractor Verification of Compliance F. Contractor’s Completed Bid Form In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “F” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contract $92,714.00 inclusive of taxes, if any. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the City Engineer. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 part of a month to the 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 Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Final payment will not be made until the Contractor has filed with the Owner a fully and duly executed Affidavit, General Waiver and Indemnity Agreement, in the form attached hereto as Exhibit B and hereby made a part hereof, together with such other and additional evidence as Owner may request, in form and substance satisfactory to the Owner, that all labor, materials and services expended or used in the Work have been paid for in full and that no liens or other claims for such labor, materials or services can be made or claimed against Contractor, Owner or any other person or any property. In case such evidence is not furnished, the Owner may retain out of any amount due said Contractor a sum sufficient, in the reasonable discretion of Owner, but in any event not less than one and one-half times the sum determined by Owner to be necessary, to pay for all labor, material, services or other claims which are then unpaid or which are then believed by Owner, in its reasonable discretion, to be unpaid. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the City Engineer. 5. COMPLETION DATE. The Work must be completed by Jan. 31, 2023. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8.INSURANCE AND BONDS. Contractor’s Liability Insurance. The Contractor shall purchase and maintain commercial general liability insurance as required to protect the Contractor, Architect and Owner from claims set forth below which may arise out of, result from, or are in any manner connected with, the execution of the work provided for in this Contract, or occur or result from the use by the Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Contractor, or third parties, whether such claims arise during Contract performance or subsequent to completion of operations under this Contract and whether operations be by the Contractor or by anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable, and whether such claims are claims for which the Contractor may be, or may be claimed to be, liable. Insurance shall be purchased from a company licensed to do business in the state where the Project is located and shall be written for not less than the limits of liability specified below or required by law, whichever is greater. A certificate of insurance on a form acceptable to the Owner which verifies the existence of this insurance coverage must be provided to the Owner before work under this contract is begun. The Owner shall be named as an additional insured on a primary and noncontributory basis. The types of claims, required coverages and minimum limits of liability are as follows: A. Claims under Worker’s Compensation, disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease or death of employees. Insurance coverages shall include: Statutory Workers’ Compensation, including Employer’s Liability with a minimum limit of $100,000.00 for each employee. B. Claims for damages because of bodily injury, occupational sickness or disease, or death, by any person other than employees, claims for personal injuries which are sustained (1) by any person as a result of an act or omission directly or indirectly related to the employment of such person by the Contractor, or (2) any other person; claims for damages other than to the Work itself, because of injury to or destruction of tangible property including loss of use resulting therefor. Insurance coverages shall include: Premise – Operations Products-Completed Operations 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 Blanket Contractual – Such insurance and endorsements as will insure the obligations under the provisions of Subsection 11.1.5 of this Document. Broad Form Property Damage Personal Injury Blanket Explosion, Collapse and Underground Property Damage Operations of Independent Contractors Policy Limits: General Aggregate $2,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Personal Injury $1,000,000.00 Each Occurrence $1,000,000.00 C. Claims for damages because of bodily injury or death of any person, or any property damage arising out of the ownership or use of any motor vehicle. Insurance coverage shall include: Business Auto Liability insurance including owned, hired and non-owned vehicles with limits of $1,000,000.00 Combined Single Limit for each accident for bodily injury and death, or property damage. D. The coverage limits required by Paragraphs (B) and (C) above may be achieved by the use of an Umbrella Excess Liability Policy. The limits of liability specified shall be considered minimum requirements. All aforesaid insurance policies shall be underwritten with responsible insurance carriers, with Best’s Ratings of not less than A and X and otherwise satisfactory to Owner and licensed to provide insurance in the state in which the Project is located. 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not required for the doing of any public work if the contract price is $175,000 or less. On projects of more than $175,000 for the doing of public work a payment bond and a performance bond each in the amount of the contract price must be furnished to the City prior to commencement of work. The form of the bonds must satisfy statutory requirements for such bonds. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other 140400v01 L22-01 RNK:08/06/2010 Engineering 1/2015 party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ___________________________ Scott Neal ___________________________ AND ___________________________ Its City Manager Its Date: September 20, 2022 Agenda Item #: VI.H. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request for Purchase: Change Order No. 2 Electrical Locates Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for Change Order No. 2 electrical locates with Hance Utility Service, Inc. for $20,000. INTRODUCTION: The City conducted a contract trial period from January to March to see how the vendor could handle electrical locates in the amount of $14,000. The trial worked well and Council approved a $26,000 contract change order in March. Staff thought this amount would cover locates for 2022. It will not and staff is asking for approval of an additional change order for $20,000 to cover the remainder of 2022. T he total contract will be $60,000 for 2022 electrical locates. The increased utility infrastructure work in Edina requires additional funding for this contract. ATTACHMENTS: Description Request for Purchase: Change Order No. 2 Electrical Locates Contract Change Order Contract Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 300096 Department: Engineering Buyer: Noah Silver Date: 9/20/2022 Requisition Description: Change Order #2 Electrical Locates Vendor: HANCE UTILITY SERVICE, INC. Cost: $20,000.00 REPLACEMENT or NEW: NEW PURCHASE SOURCE: SERVICE CONTRACT DESCRIPTION: The City conducted a contract trial period from January to March to see how the vendor could handle electrical locates in the amount of $14,000. The contractor determined when no locate is required or take action to clear, meet, or field locate tickets. City will retain emergency location services and aid ZoneOne when data discrepancies are present. The trial worked well and Council approved a $26,000 contract change order in March. Staff thought this amount would cover locates for 2022. It will not and staff is asking for approval of an additional change order for $20,000 to cover the remainder of 2022. The total contract will be $60,000 for 2022 electrical locates. The increased utility infrastructure work in Edina requires additional funding for this contract. BUDGET IMPACT: Project is funded from the electrical operating budget. 2 COMMUNITY IMPACT: Electrical service provided to residence and businesses ensuring safe excavation in areas around City underground infrastructure. ENVIRONMENTAL IMPACT:NA Date: September 20, 2022 Agenda Item #: VI.I. To:Mayor and City Council Item Type: Request For Purchase From:Rachel Finberg, Project Manager Item Activity: Subject:Request for Purchase: Police Security Upgrades Ballistic Door Storefront Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for police security upgrades ballistic door storefront with United Glass, Inc. for $39,381. INTRODUCTION: This project will replace the back Police Department person entrance with a ballistic storefront for security purposes. This is a part of a larger project scope that includes high-speed garage doors, ballistic doors and frames, as well as site modification to parking and entrance structures for the Police Department. ATTACHMENTS: Description Request for Purchase: Police Security Upgrades Ballistic Door Storefront PD Ballistic Storefront Contract_United Glass Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200204 Department:Engineering Buyer:Rachel Finberg Date: 09/09/2022 Requisition Description:Police Security Upgrades Ballistic Door Storefront Vendor:UNITED GLASS INC Cost:$39,681.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: This project will replace the back police department person entrance with a ballistic storefront for security purposes. This is a part of a larger project scope that includes high speed garage doors, ballistic doors and frames, as well as site modification to parking and entrance structures for the Police Department. BUDGET IMPACT: This project is funded from the 2021 Asset Preservation Funding CIP 17-190A. 2 COMMUNITY IMPACT: This security upgrade will help to maintain a facility asset at City Hall. It will also add to employee well being and safety. This project will allow for a monitored and secured access point for Edina Police officers to access City Hall and their resources, providing a better service to the entire community. ENVIRONMENTAL IMPACT:N/A APRIL 2018 A-1 IB CONTRACT NO FC 22-33.2 City of Edina- Police Security Upgrades Scope 2 THIS AGREEMENT made this 20th day of September, 2022, of by and between the CITY OF EDINA, a Minnesota municipal corporation (“City”) and UNITED GLASS INC (“Contractor”). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Instructions to Bidders. C. Specifications prepared by BKV Group Dated 7/12/22 D. Plan sheets prepared by BKV Contractor Set Dated 7/12/22 E.Responsible Contractor Verification of Compliance F. Contractor’s bid dated September 2nd, 2022 G. Certificate of Insurance The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements. 1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the City for resolution before proceeding with the Work. 1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the City for approval before making the change. The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the Contractor. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. This includes but is not limited to required background checks and security measures. Scope of work includes demolition and disposal of existing storefront and installation of new storefront specified in documents provided by BKV dated 7/12/22 submitted to BKV for approval. 3. OBLIGATIONS OF THE CITY. The City agrees to pay, and the Contractor agrees to receive and accept payment in accordance with the Contractor’s bid not to exceed $39,681(thirty-nine thousand six hundred APRIL 2018 A-2 IB eighty-one dollars). City will provide electrical services needed and help coordinate keycard reader re- installation. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the 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 Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. COMPLETION DATE. The Work must be completed and ready for final payment by May 1st, 2023. Or as agreed upon during pre- construction schedule review. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. APRIL 2018 A-3 IB E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. (2) The Contractor is responsible to the City for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the City and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. APRIL 2018 A-4 IB B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Copyright/Patent. Contractor 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. If the equipment provided by the Contractor pursuant to this Agreement contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Agreement is found to be or becomes unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The APRIL 2018 A-5 IB Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the City, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ____________________________ City Manager Its AND ___________________________ Its APRIL 2018 D-1 IB Date: September 20, 2022 Agenda Item #: VI.J. To:Mayor and City Council Item Type: Request For Purchase From:Rachel Finberg, Project Manager Item Activity: Subject:Request for Purchase: Police Security Upgrades High-Speed Garage Doors Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase of Police Security Upgrades High-Speed Garage Doors with Miner Ltd., Star Equipment, for $73,500. INTRODUCTION: This project will replace existing west vehicle entrance doors to Police Department underground parking with high-speed roll-up garage doors. This is a part of a larger project scope that includes high-speed garage doors, ballistic doors and frames, as well as site modification to parking and entrance structures for the P olice Department. ATTACHMENTS: Description Request for Purchase: Police Security Upgrades High Speed Garage Doors Miner Ltd PD Doors Contract Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200207 Department:Engineering Buyer: Date: 09/12/2022 Requisition Description:Police Security Upgrades High Speed Garage Doors Vendor:MINER, LTD Cost:$73,500.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: This project will replace existing west vehicle entrance doors to Police Department underground parking with high speed roll up garage doors. This is a part of a larger project scope that includes high speed garage doors, ballistic doors and frames, as well as site modification to parking and entrance structures for the Police Department. BUDGET IMPACT: This project is funded from the 2021 Asset Preservation Funding CIP 17-190A. 2 COMMUNITY IMPACT: This security upgrade will help to maintain a facility asset at City Hall. It will also add to employee well being and safety. This project will allow for a monitored and secured access point for Edina Police officers to access City Hall and their resources, providing a better service to the entire community. ENVIRONMENTAL IMPACT:N/A APRIL 2018 A-1 IB CONTRACT NO FC 22-33.1 City of Edina- Police Security Upgrades Scope 1 THIS AGREEMENT made this day of by and between the CITY OF EDINA, a Minnesota municipal corporation (“City”) and MINER LTD, STAR EQUIPMENT (“Contractor”). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Instructions to Bidders. C. Specifications prepared by BKV Group Dated 7/12/22 D. Plan sheets prepared by BKV Contractor Set Dated 7/12/22 E. Responsible Contractor Verification of Compliance F. Contractor’s bid dated September 12th, 2022 G. Certificate of Insurance The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements. 1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the City for resolution before proceeding with the Work. 1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the City for approval before making the change. The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the Contractor. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. This includes but is not limited to required background checks and security measures. Scope of work includes demolition and disposal of existing storefront and installation of new storefront specified in documents provided by BKV dated 7/12/22 submitted to BKV for approval. 3. OBLIGATIONS OF THE CITY. The City agrees to pay, and the Contractor agrees to receive and accept payment in accordance with the Contractor’s bid not to exceed $73,500 (seventy- three thousand five APRIL 2018 A-2 IB hundred dollars). City will provide electrical services needed and help coordinate keycard reader re- installation. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the 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 Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. COMPLETION DATE. The Work must be completed and ready for final payment by May 1st, 2023. Or as agreed upon during pre- construction schedule review. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. APRIL 2018 A-3 IB E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. (2) The Contractor is responsible to the City for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the City and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. APRIL 2018 A-4 IB B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Copyright/Patent. Contractor 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. If the equipment provided by the Contractor pursuant to this Agreement contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Agreement is found to be or becomes unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The APRIL 2018 A-5 IB Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the City, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ____________________________ City Manager Its AND ___________________________ Its APRIL 2018 D-1 IB Date: September 20, 2022 Agenda Item #: VI.K. To:Mayor and City Council Item Type: Request For Purchase From:Rachel Finberg, Project Manager Item Activity: Subject:Request for Purchase: Fire Station #1 Workspace Expansion Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for Fire Station #1 Workspace Expansion with Christianson's Business Furniture for $25,653.90. INTRODUCTION: This project will expand the number of workspaces by 7 at Fire Station #1 and upgrade additional workspace for comfort and efficiency. This expansion of office spaces will allow P ublic Health to move from City Hall to Fire Station #1. It will upgrade current fire inspection desks to standing desks and create an administrative and training space more accessible to the public. ATTACHMENTS: Description Request for Purchase: Fire Station #1 Workspace Expansion Christiansons Fire Station #1 Office Furniture Contract Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200205 Department:Engineering Buyer:Rachel Finberg Date: 09/09/2022 Requisition Description:Fire Station #1 Workspace Expansion Vendor:CHRISTIANSON'S BUSINESS FURNITURE Cost:$25,653.90 REPLACEMENT or NEW:NEW - NEW PURCHASE SOURCE:STATE K - STATE CONTRACT DESCRIPTION: This project will expand the number of workspaces by 7 at Fire Station #1 and upgrade additional workspace for comfort and efficiency. This expansion of office spaces will allow Public Health to move from City Hall to Fire Station #1. It will upgrade current fire inspection desks to standing desks and create an administrative and training space more accessible to the public. BUDGET IMPACT: This project is funded from budget contingency funds. 2 COMMUNITY IMPACT:N/A ENVIRONMENTAL IMPACT:N/A APRIL 2018 A-1 IB CONTRACT NO FC 21-30 City of Edina- Fire Station #1 Workspace Expansion THIS AGREEMENT made this day of by and between the CITY OF EDINA, a Minnesota municipal corporation (“City”) and CHRISTIANSONS BUSINESS FURNITURE (“Contractor”). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Plan sheets provided by CBF final revision dated 9/8/2022 C. Contractor’s bid dated September 8th, 2022 The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements. 1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the City for resolution before proceeding with the Work. 1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the City for approval before making the change. The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the Contractor. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Proposal dated 9/8/22. Scope of work includes installation and delivery of specified office furniture and accessories in dispatch, conference room, and 2nd floor inspections open office space. Materials to match existing color pallet. 3. OBLIGATIONS OF THE CITY. The City agrees to pay, and the Contractor agrees to receive and accept payment in accordance with the Contractor’s bid not to exceed $25, 653.90 (twenty-five thousand six hundred and fifty-three and 90/100). City will provide demolition work pre-installation. The City will coordinate and accommodate access and electrical and data runs. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. APRIL 2018 A-2 IB C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the 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 Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. COMPLETION DATE. The Work must be completed and ready for final payment by January 1st, 2023. Or as agreed upon during contract review. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. APRIL 2018 A-3 IB G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. (2) The Contractor is responsible to the City for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the City and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. APRIL 2018 A-4 IB (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Copyright/Patent. Contractor 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. If the equipment provided by the Contractor pursuant to this Agreement contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Agreement is found to be or becomes unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the City, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. APRIL 2018 A-5 IB CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ____________________________ City Manager Its AND ___________________________ Its APRIL 2018 D-1 IB Prepared by: Kris Root Quote Number: 6753-37818 Prepared For: Rachel Finberg Date: 9/8/2022 Valid For 7 Days City of Edina - Fire Station #1 CITY OF EDINA - FIRE STATION #1 Confidential© 2022 Christianson's Business Furniture.The information in this transmittal is proprietary to Christianson's Business Furniture. It is provided on the condition that it remains in confidence between Christianson's Business Furniture and the recipient of this quote. Do Not Copy, Distribute nor Share the Contents of this proposal without the written permission of Christianson's Business Furniture. CHRISTIANSON'S BUSINESS FURNITURE ▪ 2828 13TH AVE SOUTH ▪ FARGO, ND 58103 ▪ PHONE: (701) 293-3944 ▪ FAX: (701) 293-3626 ▪ WEBSITE: HTTP://WWW.CBFPLUS.COM/ QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ BILL TO City of Edina - Fire StaƟon #1 Fire StaƟon #1 6250 Tracy Ave Minneapolis, MN 55436 INSTALL TO City of Edina - Fire StaƟon #1 Fire StaƟon #1 6250 Tracy Ave Minneapolis, MN 55436 Payment Terms Salesperson Kris Root Net 30 City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #126 - DISPATCH STATION 1: - (1) 'D'-Top height adjustable desk - (1) 33" W x 24" D Return - (1) 90" W x 24" D credenza with (1) 3-drawer attached pedestal (box/box/file) and (1) 2-drawer attached pedestal (file/file) - (1) Very task chair - support legs as needed STATION 2: - (1) 54" W x 30" D height adjustable rectangular desk - (1) 63" W x 18" D Return - (1) Very task chair - support legs as needed WORKSURFACES: - (2) 82" W x 24" W wall-track and cantilever bracket supported worksurfaces only 1 6229-1302 / Table, Diagonal Leg Kit, Planes, Svc2.00 EA $148.18 $296.36 TR- 0MC OPTIONS 2 ZZBD-1600-CP / Compose,Cntlvr Brkt,, Standard,16In.D,Painted,Bh4.00 EA $62.77 $251.08 TR- 0MC OPTIONS 3 WUAR-3900-PH / Worksurface Reinforcement Channel 39In Width1.00 EA $21.66 $21.66 4 WUAR-4700-PH / Worksurface Reinforcement Channel 47In Width1.00 EA $22.69 $22.69 Page 2 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #126 - DISPATCH 5 WUCD-5472-LJSCR4 / Worksurface,Corner 90 Deg Wrap D- Shape,54Dx72W,Lam,Edgeband,Std Core,No Cbl Mgt,Right,24 1.00 EA $421.57 $421.57 H- 0AM HP- 0AM OPTIONS 6 WURA-1863-LJSC / Worksurface, Rect,18Dx63W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $164.46 $164.46 H- 0AM HP- 0AM OPTIONS 7 WURA-2433-LJSC / Worksurface, Rect,24Dx33W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $103.98 $103.98 H- 0AM HP- 0AM OPTIONS 8 WURA-2490-LJSC / Worksurface, Rect,24Dx90W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $241.60 $241.60 H- 0AM HP- 0AM OPTIONS 9 WURA-3054-LJSC / Worksurface, Rect,30Dx54W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $192.23 $192.23 H- 0AM HP- 0AM OPTIONS 10 ZUBF-0000-PN / Flush Mount Plate3.00 EA $8.94 $26.82 11 ZZFD-2400-PNFF / Compose Worksurface Dbl Support Leg,Steel,24In.D1.00 EA $155.55 $155.55 TR- 0MC OPTIONS Page 3 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #126 - DISPATCH 12 WURA-2482-LJSC / Worksurface, Rect,24Dx82W,Lam,Edgeband,Std Core,No Cbl Mgt, 2.00 EA $224.15 $448.30 H- 0AK HP- 0AK OPTIONS 13 VZAT-3000 / Compose,Wall Track,5 Holes,30In.High7.00 EA $36.39 $254.73 TR- 0MC OPTIONS 14 LSET-2 / HW,Lock Set, Keyed Alike,Lock Plug And Key, Qty Of 21.00 EA $0.00 $0.00 LX- 0BP OPTIONS 15 SCT-20-7115 / Very Task Chair,Fab Seat,Mesh Bk,4D Arms,Plstc Bse Hd Ctrs,Bk Lk, W/Lum, 2.00 EA $582.60 $1,165.20 3A- 018 MS- 00F TR- 00F TR- 00F TR- 00F OPTIONS 16 JPAH-24-SJ / X Series,Pedestal,AƩached,B/B/F,24"D,PtdDrwFrt, Stl Lkrl,J Pull1.00 EA $333.48 $333.48 TR- 0MC LR- 0BP OPTIONS 17 JPAJ-24-SJ / X Series,Pedestal,AƩached,F/F,24"D,PtdDrwFrt, Stl Lkrl,J Pull1.00 EA $314.66 $314.66 TR- 0MC LR- 0BP OPTIONS Page 4 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #126 - DISPATCH 18 4658R-FDEX5472-4272EOC-F24 / Fundamentals EX, 3 Leg Base, 24" Flat Feet, For 4658R Wksf 1.00 EA $825.15 $825.15 -PS ~ -S ~ Programmable Switch (SWITCH SELECTION) Standard Cord (CHICAGO COMPLIANT 9' CORD) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS 19 52-FDEX54-72-F24 / Fundamentals EX, 2 Leg Base, 24" Flat Feet, For 52-57"W Wksf, C9 Compliant 1.00 EA $547.91 $547.91 -PS -S ~ Programmable Switch (SWITCH SELECTION) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #218 - CONFERENCE - (3) paneled workstations with rectangular 66" W x 30" D height adjustable desks - (1) 2-drawer mobile pedestal (box/file) with lock, cushion top and tug - (1) Very task chair PANELS: - Panels are 50" H fabric panels and separate workstations. Panels are NOT powered and are wall-mounted. 20 WURA-3066-LJSC / Worksurface, Rect,30Dx66W,Lam,Edgeband,Std Core,No Cbl Mgt, 3.00 EA $220.92 $662.76 H- 0AM HP- 0AM OPTIONS 21 VZCC-0060-HS / Compose,Top Trim 60In.W,Stl, Pnl Frame2.00 EA $36.74 $73.48 TR-MC Metallic Champagne Grd B (Top Trim Color A) OPTIONS 22 VZCE-0000-H / Compose, EOR, Steel Trim, clip, Pk of 51.00 EA $21.33 $21.33 23 VZCE-5000-H / Compose,Panel Trim,End-Of-Run 50In.H, Steel2.00 EA $37.13 $74.26 TR- 0MC OPTIONS Page 5 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #218 - CONFERENCE 24 VZFF-5060-NNNNNR / Compose, Frm,50Hx60W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std 2.00 EA $132.22 $264.44 TR-MC Metallic Champagne Grd B (Edge Trim Color) OPTIONS 25 VZTI-4860-FNC / Compose,Single Tile,48In.HX60In.W,Fabric/Tackable,Std Core,No Tech 4.00 EA $134.05 $536.20 (PY_TAILORED_ RR) RR-177 {Railroad} Tailored Grd A (Surface Color 1A) French Chalk (Rr) Grd A (Surface Color 1A) OPTIONS 26 LSET-1 / HW,Lock Set, Keyed Alike,Lock Plug And Key, Qty Of 13.00 EA $0.00 $0.00 LX- 0BP OPTIONS 27 SCT-20-7115 / Very Task Chair,Fab Seat,Mesh Bk,4D Arms,Plstc Bse Hd Ctrs,Bk Lk, W/Lum, 3.00 EA $582.60 $1,747.80 3A- 018 MS- 00F TR- 00F TR- 00F TR- 00F OPTIONS 28 JCTB-24 / X Series,Pedestal,Cushion Top Kit, 24"D3.00 EA $142.18 $426.54 4H- 0YA OPTIONS 29 JPTA-24-SJC / X Series,Pedestal,Tug,B/F,24"D,PtdDrwFrt, Stl Lkrl,J Pull,Cstr,No Top,Handle 3.00 EA $402.86 $1,208.58 TR- 0MC LR- 0BP OPTIONS 30 VZCW-0000-P / Compose,Wall Mount,Fits All Heights2.00 EA $34.98 $69.96 Page 6 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #218 - CONFERENCE 31 64-FDEX54-72-F24 / Fundamentals EX, 2 Leg Base, 24" Flat Feet, For 64-69"W Wksf, C9 Compliant 3.00 EA $547.91 $1,643.72 -PS -S ~ Programmable Switch (SWITCH SELECTION) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #219 - OPEN OFFICE - (1) 66" W x 30" D rectangular height adjustable desk - (1) 66" W x 24" D set-back return due to wall jog with (1) 2-drawer mobile pedestal (box/file) with lock, cushion and tug - (1) Very task chair OPEN OFFICE 219 NEW STATION 2 INCLUDES: - (1) paneled 'L'-shaped height adjustable desk - (1) 2-drawer mobile pedestal (box/file) with lock PANELS: - Panels at front is 42" H fabric panel with (1) 12" H frosted frameless glass stack. Panels are NOT powered and are wall-mounted. Panels do NOT have a transaction worksurface at front. 32 VZCE-4200-F / Compose,Panel Trim,End-Of-Run, Steel, Frameless top, 42In.H1.00 EA $38.34 $38.34 TR- 0MC OPTIONS 33 VZGE-0000-HE / Compose,BoƩom Rail End Cap,EOR,Frameless Topper, Steel2.00 EA $18.88 $37.76 TR- 0MC OPTIONS 34 VZGE-0000-HI / Compose,BoƩom Rail End Cap,Inline,Frameless Topper, Steel2.00 EA $18.88 $37.76 TR- 0MC OPTIONS 35 WUAR-4700-PH / Worksurface Reinforcement Channel 47In Width1.00 EA $22.69 $22.69 Page 7 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #219 - OPEN OFFICE 36 WUCE-6072-LJSCR55 / Worksurface,Corner 90 Deg Wrap Extd Trans,60Wx72L,Lam,Edgeband,Std Core,No Cbl Mgt,Right,30,30 1.00 EA $486.23 $486.23 H- 0AM HP- 0AM OPTIONS 37 WURA-2466-LJSC / Worksurface, Rect,24Dx66W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $189.25 $189.25 H- 0AM HP- 0AM OPTIONS 38 WURA-3066-LJSC / Worksurface, Rect,30Dx66W,Lam,Edgeband,Std Core,No Cbl Mgt, 1.00 EA $220.92 $220.92 H- 0AM HP- 0AM OPTIONS 39 ZZFD-2400-PNFF / Compose Worksurface Dbl Support Leg,Steel,24In.D2.00 EA $155.55 $311.10 TR- 0MC OPTIONS 40 VZAL-4200 / Panel, VerƟcal Light Block, 42in, Compose1.00 EA $2.03 $2.03 41 VZCE-0000-H / Compose, EOR, Steel Trim, clip, Pk of 51.00 EA $21.33 $21.33 42 VZFF-4230-NNNNNR / Compose, Frm,42Hx30W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std 1.00 EA $84.01 $84.01 TR- 0MC OPTIONS 43 VZFF-4236-NNNNNR / Compose,Frame,42"H x 36"W,Bs-No Pwr,Blt-No Pwr,No Asmb,No Base Trm/No Base Trm,,Level1 1.00 EA $91.96 $91.96 TR- 0MC OPTIONS Page 8 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #219 - OPEN OFFICE 44 VZTI-4030-FNN / Single Tile,40In.HX30In.W,For Use W/Compose,Fabric/Tackable,Std Core,No Tech 2.00 EA $75.25 $150.50 PY- 0FC OPTIONS 45 VZTI-4036-FNN / Compose,Single Tile,40In.HX36In.W,Fabric/Tackable,Std Core,No Tech 2.00 EA $83.21 $166.42 PY- 0FC OPTIONS 46 SCT-20-7115 / Very Task Chair,Fab Seat,Mesh Bk,4D Arms,Plstc Bse Hd Ctrs,Bk Lk, W/Lum, 2.00 EA $582.60 $1,165.20 3A- 018 MS- 00F TR- 00F TR- 00F TR- 00F OPTIONS 47 JCTB-18 / X Series,Pedestal,Cushion Top Kit, 18"D2.00 EA $81.85 $163.70 4H- 0YA OPTIONS 48 VZGK-1266-HS4R / Compose,Kit,Frameless,12"H X66"W,Steel,Standard,1/4" Glass,Radius 1.00 EA $549.37 $549.37 TR-MC (SK_1E) SK-1E Metallic Champagne Grd B (Trim Color 1A) Frosted Acrylic Grd D (Surface Color 1A) Frosted Acrylic Grd D (Surface Color 1A) OPTIONS 49 JPTA-18-SJC / X Series,Pedestal,Tug,B/F,18"D,PtdDrwFrt, Stl Lkrl,J Pull,Cstr,No Top,Handle 2.00 EA $385.10 $770.20 TR- 0MC LR- 0BP OPTIONS Page 9 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1 PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #219 - OPEN OFFICE 50 LSET-2 / HW,Lock Set, Keyed Alike,Lock Plug And Key, Qty Of 21.00 EA $0.00 $0.00 LX- 0BP OPTIONS 51 VZCW-0000-P / Compose,Wall Mount,Fits All Heights1.00 EA $34.98 $34.98 52 4658R-FDEX5472-4272EOC-F24 / Fundamentals EX, 3 Leg Base, 24" Flat Feet, For 4658R Wksf 1.00 EA $825.15 $825.15 -PS ~ -S ~ Programmable Switch (SWITCH SELECTION) Standard Cord (CHICAGO COMPLIANT 9' CORD) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS 53 64-FDEX54-72-F24 / Fundamentals EX, 2 Leg Base, 24" Flat Feet, For 64-69"W Wksf, C9 Compliant 1.00 EA $547.91 $547.91 -PS -S ~ Programmable Switch (SWITCH SELECTION) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #219 OPEN OFFICE 4 HAT CONVERSIONS (4) 3 leg height adjustable bases to convert exisitng stations to sit stand. 54 4658R-FDEX5472-4272EOC-F24 / Fundamentals EX, 3 Leg Base, 24" Flat Feet, For 4658R Wksf 4.00 EA $825.15 $3,300.59 -PS ~ -S ~ Programmable Switch (SWITCH SELECTION) Standard Cord (CHICAGO COMPLIANT 9' CORD) Silver (BASE COLOR CHOICE) No SelecƟon (MEMS ANTI COLLISION UPGRADE) OPTIONS PART # / DESCRIPTIONQTYUNIT PRICE EA EXT PRICELINE #Installation 55 InstallaƟon / Receive, Deliver and Install product for Dispatch (126), Conference Room (218) and Open Oĸce (219) 1.00 EA $3,920.00 $3,920.00 Page 10 of 11 QUOTATION VALID UNTIL 9/15/2022 # 6753-37818 Christianson's Business Furniture 2828 13th Ave South Fargo, ND 58103 Phone: (701) 293-3944 Fax: (701) 293-3626 http://www.cbfplus.com/ City of Edina - Fire Station #1CUSTOMER SIGN OFF subtotal $25,653.90 $0.00sales tax total $25,653.90 This quote is subject to potential freight cost adjustments, product surcharges, and lead time changes without notice that are out of our control. Authorized Signature Accepted Date Print Name Page 11 of 11 Date: September 20, 2022 Agenda Item #: VI.L. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: McCauley Trail Shared Use Path Phase 1 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for the McCauley Trail Shared Use Path, P hase 1, with New Look Contracting for $221,921. INTRODUCTION: The Pedestrian and Bicycle Master P lan identified needed facilities for McCauley Trail from Gleason Road to Valley View Road. Staff has been meeting with adjacent property owners. This project would construct a shared- use path from Gleason Road to Timber Trail. Staff is calling this Phase 1 of the McCauley Trail Improvements. Future phase(s) will continue to be coordinated with adjacent property owners with an eye toward budgets available in the PACS fund. Please note that staff have added 11 miles of sidewalks and trails to our Public Works maintenance staff workload in the past 10- ears, and without additional staff and snowplow equipment, the level of service for snow removal on these newly constructed facilities will be reduced. ATTACHMENTS: Description Request for Purchase: McCauley Trail Shared Use Path Phase 1 Contract No. ENG 22-19 Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200208 Department:Engineering Buyer:Chad Millner Date: 09/13/2022 Requisition Description:McCauley Trail Shared Use Path Phase 1 Vendor:NEW LOOK CONTRACTING INC Cost:$221,921.50 REPLACEMENT or NEW:NEW - NEW PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: The Pedestrian and Bicycle Master Plan identified needed facilities for McCauley Trail from Gleason Road to Valley View Road. Staff has been meeting with adjacent property owners. This project would construct a shared-use-path from Gleason Road to Timber Trail. Staff is calling this Phase 1 of the McCauley Trail Improvements. Future phase(s) will continue to be coordinated with adjacent property owners with an eye toward budgets available in the PACS fund. Please note that staff has been adding many miles of sidewalks and trails on our Public Works maintenance staff. The addition of 11 miles over the past 10-years. Without additional staff and snowplow equipment, the level of service for snow removal on these newly constructed facilities will be reduced. BUDGET IMPACT: This project is funded from the Pedestrain and Cyclist Safety Fund (PACS). Future consideration of staff and equipment so that Public Works can continue to provide adequate snow removal level of service. 2 COMMUNITY IMPACT: The shared use path is proposed to help fill gaps in the City’s sidewalk network and will provide safe pedestrian facilities to enhance safety and convenience ENVIRONMENTAL IMPACT: A multi-modal transportation system typically reduces car trips by providing other transportation options such as walking and biking. A reduction in car trips reduces our carbon footprint. 1 1/2015 ENG 22-19 CONTRACT NO. ENG 22-19 McCauley Trail 2022 Improvements THIS AGREEMENT made this 20th day of September, 2022, by and between the CITY OF EDINA, a Minnesota municipal corporation (“City”) and New Look Contracting, 14045 Northdale Blvd., Rogers, MN 55374 (“Contractor”). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Instructions to Bidders. C. City of Edina General Contract Conditions. D. Specifications prepared by Chad A. Millner, P.E., dated September 2, 2022. E. Plan sheets numbered 1 to 31. F. Performance Bond. G. Payment Bond. H. Responsible Contractor Verification of Compliance I. Contractor’s Bid dated September 12, 2022. The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements. 1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the City for resolution before proceeding with the Work. 1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the City for approval before making the change. The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the Contractor. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the Contractor’s bid $221,921.50. 2 1/2015 ENG 22-19 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the 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 Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. COMPLETION DATE. The Work must be completed and ready for final payment by November 11, 2022. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, 3 1/2015 ENG 22-19 methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. (2) The Contractor is responsible to the City for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the City and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 4 1/2015 ENG 22-19 D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Copyright/Patent. Contractor 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. If the equipment provided by the Contractor pursuant to this Agreement contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Agreement is found to be or becomes unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the City, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. 5 1/2015 ENG 22-19 CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ____________________________ Its Acting Mayor Its AND ___________________________ AND ___________________________ Its City Manager Its Date: September 20, 2022 Agenda Item #: VI.M. To:Mayor and City Council Item Type: Report / Recommendation From:Alisha McAndrews, Finance Director Item Activity: Subject:Set December 6, 2022, as the Public Hearing Date for the 2023 Levy and Budget Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Set 7 p.m. December 6, 2022, as the Public Hearing Date for the 2023 Levy and Budget. INTRODUCTION: M.S. 275.065 requires that the City adopt a proposed budget and levy and certify the proposed levy to the county auditor by September 30. The county auditor will use this information to prepare and send parcel specific notices between November 11 and November 24. The statute also requires that the City shall announce the time and place of the meeting when the budget and levy will be discussed and public input allowed. This public input must occur after November 24 and must start at or after 6 p.m. The time and place of the public input meeting must be included in the minutes but newspaper publication of the minutes is not required. The City is also required to certify the final property tax levy to the county auditor by December 27, 2022. T he final levy may be less than or equal to, but not higher than, the preliminary levy. Date: September 20, 2022 Agenda Item #: VI.N. To:Mayor and City Council Item Type: Report / Recommendation From:Kelly Curtin, Human Resources Director Item Activity: Subject:Approve 2022-2023 Union Contract for LELS Local 486 Police Sergeants Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve new 2022-2023 union contract for Law Enforcement Labor Services (LELS) Local 486 Police Sergeants. INTRODUCTION: The Police Sergeants are a newly formed bargaining unit so the attached contract is a first contract, which has been negotiated in good faith by City and Union leadership, and is comparable to all other groups. The union has voted to approve this contract. The last step in the process is approval by the City Council. Staff recommends approval of this contract. ATTACHMENTS: Description 2022-2023 LELS 486 Sergeant Contract LABOR AGREEMENT Between CITY OF EDINA and LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 486 January 1, 2022, to December 31, 2023 2 INDEX Article 1. Purpose of Agreement .................................................................................................... 3 Article 2. Recognition .................................................................................................................... 3 Article 3. Definitions ...................................................................................................................... 3 Article 4. Employer Security .......................................................................................................... 4 Article 5. Employer Authority ........................................................................................................ 4 Article 6. Union Security ................................................................................................................ 4 Article 7. Employee Rights – Grievance Procedure ....................................................................... 5 Article 8. Savings Clause ............................................................................................................... 7 Article 9. Seniority ......................................................................................................................... 7 Article 10. Discipline ..................................................................................................................... 8 Article 11. Work Schedules ............................................................................................................ 9 Article 12. Overtime ....................................................................................................................... 9 Article 13. Court Time/Standby ..................................................................................................... 9 Article 14. Call Back Time ........................................................................................................... 10 Article 15. Insurance .................................................................................................................... 10 Article 16. Uniforms ..................................................................................................................... 10 Article 17. Injury on Duty ............................................................................................................ 11 Article 18. Vacation ...................................................................................................................... 11 Article 19. Severance Pay ............................................................................................................ 12 Article 20. Sick Leave with Pay ................................................................................................... 12 Article 21. Holidays ..................................................................................................................... 12 Article 22. Employee Fitness Incentive ....................................................................................... 12 Article 23. P.O.S.T. Board Licensure ........................................................................................... 13 Article 24. Waiver ........................................................................................................................ 13 Article 25. Duration ...................................................................................................................... 13 Signature Page ............................................................................................................................... 14 Appendix A ................................................................................................................................... 15 Advanced Resignation Program .................................................................................................... 16 Health Care Savings Plan .............................................................................................................. 18 3 Article 1. Purpose of Agreement This Agreement is entered into as of January 1, 2022, between the City of Edina, hereinafter called the Employer, and Law Enforcement Labor Services, Inc, Local #486, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement’s interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. Article 2. Recognition The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03 Subdivision 14, as ordered by the Bureau of Mediation Services Notice of Certification Unit Determination, Case No. 22PCE0351, dated 01/23/2021, for all personnel in the following job classifications: Police Sergeant Article 3. Definitions 3.1 Union: Law Enforcement Labor Services, Inc, Local #486. 3.2 Union Member: A member of Law Enforcement Labor Services, Inc, Local #486. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Department: The Edina Police Department 3.5 Employer: The City of Edina 3.6 Chief: The Chief of the Edina Police Department 3.7 Overtime: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.8 Scheduled Shift: A consecutive work period including rest breaks and a lunch break. 4 3.9 Rest/Meal Breaks: If the employee is required to remain on continual duty during break or meal time, the time will be considered paid rest/meal break. Break will be unpaid of employee is not required to remain on continual duty for 30 mins or more. 3.10 Strike: Concerted action in failing to report to duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.11 Probationary period is defined as twelve (12) months. Article 4. Employer Security The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal function of the Employer. Article 5. Employer Authority 5.1 The Employer retains full and unrestricted right to operate and manage all staffing, facilities, and equipment; to establish and administer functions and programs, to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 5 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provision of this article. Article 7. Employee Rights – Grievance Procedure 7.1 Definition of Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representative The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and their successors when so designated as provided by 6.2 of this Agreement. 7.3 Process of Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed in writing to Step 2 within ten (10) calendar days after the 6 Employer-designated representative's final answer in Step 1. Any grievance not appealed to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. This is an extra step…is this consistent with Patrol? Step 3-A. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timelines for Step 3 of the grievance procedure. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Bureau of Mediation Services. 7.5 Arbitrator’s Authority The arbitrator shall have no right to amend, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and Union and shall have no authority to make a decision on any other issue not so submitted. A. The arbitrator shall be without the power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 7 B. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.7 Choice of Remedy If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article VII or another appeal procedure -- and shall sign a statement of the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. Article 8. Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Edina. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 8 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or assigned employee may be returned to either Patrol Officer or Detective at the sole discretion of the Chief of Police. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of the layoff before any new employee is hired. 9.4 Assignments and duties will be assigned based on qualifications, performance, and needs of the Department as determined by the Police Chief. 9.5 Vacation will be selected on the basis of seniority. Article 10. Discipline 10.1 The Employer will discipline for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) demotion; d) suspension with or without pay; or e) discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be reviewed with the employee 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to this Article shall be initiated by the Union in Step 1 of the grievance procedure under Article 7. 9 Article 11. Work Schedules 11.1 The normal work year is approximately two thousand and eighty (2,080) hours to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 11.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. Article 12. Overtime 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed by seniority, as practicable. 12.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.4 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. 12.5 Those employees who are scheduled and work on actual holidays of New Year's Day, President's Day, Easter, Memorial Day, Juneteenth, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve, or Christmas Day shall receive one and one-half (1 1/2) times their regular rate of pay for the time worked. Article 13. Court Time/Standby 13.1 An employee who is required to appear in court during their scheduled off duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. If the court appearance is during the employee's off-duty time and the court appearance is canceled, the employee will be notified by email of the cancellation. If notification of cancellation is emailed less than forty-eight (48) hours prior to the scheduled appearance, the employee will receive two (2) hours pay at one and one-half (1 1/2) times the employee's regular pay rate. An extension or early report to a regularly scheduled shift for a court appearance does not qualify the employee for the two (2) hour minimum. It will be the employee’s responsibility to check their police department email account for cancellation notices. 10 13.2 An employee who is assigned to the overnight shift (1800-0600), who is required to appear in court the same day after working the shift, shall be paid at the rate of two (2) times the employee’s regular pay rate. The employee must work a minimum of the first (8) hours of the shift to qualify for this pay rate. 13.3 An employee required to standby for court during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the employee’s base pay rate. Employees required to standby during their off-duty time on the same day as that on which they complete an 1800-0600 shift shall receive a minimum of two (2) hours pay at the rate of two (2) times the employee’s base pay rate. After the two (2) hour minimum has been reached, employees shall be paid at the rate of one (1) hour pay for each additional hour on standby. Notification of cancellation for standby is consistent with the procedure outlined in Article 13.1. Article 14. Call Back Time An employee who is called to duty during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. Article 15. Insurance The Employer agrees to provide a $70,000.00 accidental death and dismemberment insurance policy, the cost of which is to be shared in the following manner: Employee shall pay $10.00 per year; the Employer shall pay the remaining cost of the premium. The Employer will provide the same increase in employer contribution as is given to all other City employees. Each year after the contribution is determined, the City will provide a Memo of Understanding to the Union stating the City contribution amount. Article 16. Uniforms Uniform items in current use will be replaced as needed. Uniform items are those currently purchased by the Employer and exclude personal gear. Authorizations for additional new equipment rests exclusively with the Employer. Sergeants assigned to a plain clothes assignment in the investigations division shall be reimbursed for required clothing purchases subject to department guidelines. 11 Article 17. Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the employee's normal net take home pay (i.e. regular salary less mandatory deductions) and Worker's Compensation insurance payments for a period not to exceed seven hundred and twenty (720) hours per injury, not charged to the employees vacation, sick leave or other accumulated paid benefits, after a forty (40) hours initial waiting period per injury. The forty (40) hour waiting period shall be charged to the employee's sick leave account less Workers’ Compensation insurance payments applicable to those days. Article 18. Vacation 18.1 The following minimum vacation schedule shall apply to job classification covered by this Agreement: 0-5 years of service - 80 hours per year 6-10 years of service - 120 hours per year Over 10 years of service - 8 additional hours per year not to exceed one hundred sixty- eight hours (168). 18.2 Employees may reduce their vacation balance by cashing out a maximum of forty (40) hours per calendar year. 18.3 Effective 1-1-13, employees will be able to accrue a maximum of four hundred eighty (480) hours of vacation leave. Once the maximum level of vacation is reached, additional leave will not be accrued until the balance falls below the maximum accrual level. Unused vacation leave up to the maximum balance of four hundred eighty (480) hours will be paid to employees who leave in good standing upon termination of employment. The first year of employment, new employees will be allowed to carry a negative balance of vacation to a maximum of -80 hours. 20.4 Excess Vacation Accrual Account (EVAA) Some employees hired prior to January 2013 have an EVAA that was set up to assist in the transition to the current accrual limits. Balances in EVAA accounts are reflected on employee pay stubs and can be used in the following ways: • Vacation or sick leave in one (1) hour increments. • In November of each year, employees will have the option of cashing out up to forty (40) hours of vacation leave at their current base rate of pay. The City Manager may allow a higher number for all employees, based on City finances. • Any remaining balance at termination will be cashed out at the current base rate of pay for employees who leave in good standing. 12 Article 19. Severance Pay Regular full-time employees who have sick leave benefits and leave the City in good standing after a minimum of five (5) years of full-time employment – or who were employed by the City prior to January 1, 2018, and leave in good standing, shall receive a lump sum payment equal to 50% of their accrued and unused sick leave a shall receive the following lump sum payment of unused sick leave as of the date of separation. The maximum number of hours subject to this payment shall not exceed 960 hours (i.e., 1,920 hours of accrued and unused sick leave x 50% = 960 hours). The payment shall be based upon the employee’s rate of pay at the time of separation. The payment shall be made within thirty (30) days of separation. Article 20. Sick Leave with Pay 20.1 Employees shall accrue sick leave, at the rate of eight (8) hours per month 20.2 Paid sick leave may be used as defined in the City’s Personnel Policies/Employee Handbook. Article 21. Holidays 21.1 Employees shall receive ninety-six (96) hours each year. For rotating shifts, Employees have holidays calculated in the setting of their schedules. Non-rotating shifts follow City Holiday schedule as listed in the Employee Handbook. 21.2 For the purposes of this Article and Article 13.6 the holiday commences at 0000 hours the day of the official day and terminates at 2359 hours the day of the holiday. 21.3 All employees shall receive eight (8) hours floating holiday time for their use, which shall be scheduled in the same manner as vacation. If the floating holiday is not used during the calendar year, it is forfeited. 21.4 An employee called in to work on a holiday shall be paid for each hour actually worked at two (2) times the employees’ base rate of pay if they were not scheduled to work during that time. Does not apply to contract work. Article 22. Employee Fitness Incentive Employees eligible for the fitness incentive shall receive not more than $650 per year be applied to the cost of dues or fees for individual gym membership or use of a qualifying fitness facility or program. In no event shall the amount of the incentive paid exceed the actual cost of the dues, fees or program costs. 13 Article 23. P.O.S.T. Board Licensure The City will pay the P.O.S.T. license fee for all employees covered by this contract. Article 24. Waiver 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 24.2 The parties mutually acknowledge that during the negotiations which result in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. Article 25. Duration This Agreement shall be effective January 1, 2022, except herein noted, and shall remain in full force and effect until the 31st day of December 2023. 14 Signature Page In witness thereof, the parties hereto have executed this Agreement on this 28th day of July 2022. FOR CITY OF EDINA: FOR LELS LOCAL #486: ______________________ ____________________________ City Manager Business Agent ______________________ ____________________________ Human Resources Director Steward ____________________________ Steward 15 Appendix A 1. WAGE RATES FOR 2022 and 2023 January 1, 2022 (2.0%*) January 1, 2023 (4.25%) Start $92,058.08 $95,970.55 After Year 1 $98,193.75 $102,366.98 After Year 2 $104,329.68 $108,763.69 After Year 3 $110,465.35 $115,160.13 After Year 4 $116,907.01 $121,875.56 After Year 5 $123,776.95 $129,037.47 MEMORANDUM OF UNDERSTANDING between the CITY OF EDINA POLICE DEPARTMENT and the LELS LOCAL 486 on behalf of the SERGEANTS Advanced Resignation Program Members of the bargaining unit will be eligible to participate in the department’s advance resignation notice program as it may be amended from time to time on the same basis as for non-union members of the Police Department. The City's Advance Resignation Notice Program is designed to improve the efficiency and stability of the City's workforce by encouraging employees to give the City advance notice of their intent to resign. The purpose of this program is to begin the process of replacing an employee who is leaving the City as soon as possible after notice is received. This will reduce the time that the position remains unfilled. The last day of work is defined, for this program, as the last day that an employee will be actively working for the City (not on paid or unpaid leave). The City reserves the right to not replace any employee who resigns or to modify the position and duties prior to hiring a new employee. This decision will not affect an employee's eligibility for an Advance Notice payment. This program is available to regular full-time sworn officers with the rank of police officer or sergeant. In order to be eligible for an Advance Notice payment an employee must give at least 90 calendar days of notice to the police chief before his or her last day of work. The City reserves the right to approve or deny requests for use of accrued benefit hours during the 90–120-day period. It is the policy and intent for an employee requesting an Advance Notice Incentive to remain actively working for the City and not use extended paid or unpaid time off during the 90–120-day period. Vacation or sick leave during this time must be approved by the Chief or Deputy Chief. The agreement must be signed by the employee, the Police Chief, and Human Resources to be effective. The City reserves the right to refuse to enter into this agreement with any employee who is under investigation for misconduct, has been disciplined for misconduct, or is on a performance improvement plan. For purposes of this policy the term day(s) shall mean calendar day(s). The City will provide the following one-time payment for advance notice: • Ninety (90) days: $1,000.00 • One Hundred and Twenty (120) days: $1,500.00 Payment will be made on or after the employment termination date. Payment is subject to taxation and required deductions. ADVANCE RESIGNATION NOTICE POLICY Once signed, Employee may not rescind their agreement without the City’s agreement to either permit rescission or defer the resignation. Refusing to accept the Advance Notice payment will not void the agreement. In the event the Employee breaches this Agreement by terminating employment with the City in advance of the agreed upon resignation date, the Employee forfeits all eligibility for any advance resignation incentive. In addition, the Employee’s separation from employment may be considered by the City as “not in good standing” and this determination may be relayed to the inquiries of the Employee’s prospective 17 employers. Breach of the Agreement may also serve as basis for ineligibility from future employment with the City. If a qualifying Family/Medical Leave Act (FMLA) event occurs during the effective period (90-120 days) of the agreement, such event shall be characterized as breach for good cause and the City shall release the employee from the agreement and disqualify the employee from the incentive payment. This policy may be changed, terminated or withdrawn by the City at any time and such change, withdrawal, or termination will not apply to individuals who have already been approved to participate. For the City of Edina: For LELS, Local 486: _________________________________ ________________________________ Kelly Curtin, HR Director Adam Burnside, Business Agent Dated:____________________________ Dated:____________________________ MEMORANDUM OF UNDERSTANDING between the CITY OF EDINA POLICE DEPARTMENT and the LELS LOCAL 486 on behalf of the SERGEANTS 18 Health Care Savings Plan Statement of Purpose The Health Care Savings Plan (HCSP) is a program that allows City of Edina regular full-time employees to set aside their severance benefit into an account to pay medical expenses and/or health insurance premiums after they are no longer employed by the City. Employees can choose between investment options provided by the plan administrator. Assets in the account accumulate tax-free and, since payouts are used for qualified medical expenses, they remain tax-free. Eligibility The City of Edina and Law Enforcement Labor Services, Local 486 agree that members in the Sergeant Bargaining Unit will participate in the City’s Health Care Savings Plan outlined as follows: Program Severance payments upon termination of employment will be used to fund the HCSP. • Employees with less than five years of service do not contribute to the HCSP. • For all employees with five or more years of service participation in the HCSP is mandatory. • Employees eligible to receive a severance payment for unused sick leave at termination of employment must contribute 100% of the sick leave portion of their severance to the HCSP. • Employees eligible to receive a severance payment for unused vacation at termination must contribute 100% of the vacation portion of their severance to the HCSP account. • Employees eligible to receive a severance payment for unused time in their Excess Vacation Accrual Account (EVAA) at termination must contribute 100% of the EVAA portion of their severance to the HCSP account. • Employees eligible to receive six weeks of severance pay at termination instead of payment for sick leave must contribute the entire six weeks of severance payment to their HCSP account. • In some cases, current law or IRS guidelines may allow an employee to opt-out of this program. Employees may not opt out of or otherwise be considered ineligible to contribute to the HCSP except as permitted by law and approved by the City’s Plan Administrator. Such election to waive participation is irrevocable. For the City of Edina: For LELS, Local 486: _________________________________ ________________________________ Kelly Curtin, HR Director Adam Burnside, Business Agent Dated:____________________________ Dated:____________________________ Date: September 20, 2022 Agenda Item #: VI.O. To:Mayor and City Council Item Type: Request For Purchase From:Ryan Quinn, EMS Chief Item Activity: Subject:Request for Purchase: Replace Automated CPR Devices Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for replacement automated CPR devices from Stryker Sales Corporation for $55,530. INTRODUCTION: Stryker Lucas automated CPR devices are the only devices that fit with our current bundle of care that is utilized during cardiac arrest management. The replacement version 3.1 provides continuity of operations and is a sole source bid. ATTACHMENTS: Description Request for Purchase: Replace Automated CPR Devices Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200209 Department:Fire Buyer: Date: 09/14/2022 Requisition Description:automated CPR devices Vendor:STRYKER SALES CORPORATION Cost:$55,530.60 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION:automated CPR devices BUDGET IMPACT: equipment replacement levy Environmental Impact - item specific: 2 COMMUNITY IMPACT:support medical care Vehicle - Make/Model/Year requested vehicle: Vehicle - Make/Model/Year current vehicle (if replacement): Vehicle - Does purchase meet Green Fleet Recommendations? - Vehicle - If does not meet Green Fleet Recommendations, justification: - MPG: Carbon Emissions: Date: September 20, 2022 Agenda Item #: VI.P. To:Mayor and City Council Item Type: Other From:Lisa A. Schaefer, Assistant City Manager Item Activity: Subject:Approve League of Minnesota Cities Annual Membership Dues Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve payment of League of Minnesota Cities Annual Membership Dues (LMC) for $33,462. INTRODUCTION: LMC provides services to member cities including education, training, policy development, risk management, and advocacy. Annual membership dues for the City are $33,462. Members of LMC can also participate in League of Minnesota Cities Insurance Trust (LMCIT). T he City's property, casualty, and worker's compensation insurance is through LMCIT. ATTACHMENTS: Description LMC Membership Dues 2022-2023 LMC Annual Report 2020-2021 Membership Dues Invoice Invoice Number: Effective during 2022-2023 366246 Population: 53,572 Dues Amount: $33,462 (Dues amount rounded to nearest dollar.) (Population represents the 2021 State Demographer and Metropolitan Council Estimates.) City of Edina Dues are based on your population. See how we calculated your dues at: www.lmc.org/dues For membership dues in the League of Minnesota Cities for the year beginning September 1, 2022. Annual dues for membership in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine.* Pursuant to the disclosure requirements of Minnesota Statutes, Section 6.76, the proportionate amount of dues spent for lobbying purposes is 11.0%. This percentage is reported to the State Auditor as required by statute. Payment from Public Funds Authorized by Minn. Stats, Sec. 465.58 I declare under the penalties of law that the foregoing account is just and correct and that no part of it has been paid. Dated: September 1, 2022 Please Remit To: Finance Department League of Minnesota Cities 145 University Ave W St Paul, MN 55103-2044 Include this invoice or reference invoice #366246 with your payment. Questions: billing@lmc.org David J. Unmacht Executive Director, League of Minnesota Cities *Annual dues include subscriptions to Minnesota Cities magazine at $30 per subscription according to the following schedule based on population: 249 or less, 6; 250-4999, 11; 5000-9999, 15; 10000-19999, 20; 20000-49999, 25; 50000-299999, 30; 300000+, 35. For further information on subscriptions contact the League offices. This information is given in order to meet postal regulations. Please do not use as a basis for payment. The League will routinely communicate via e-mail with your city’s staff and elected officials as part of your membership in the League. LeadingResponding SupportingThriving Annual Report 2020-2021 Throughout the COVID-19 pandemic, with dedication and resilience, League personnel worked to support cities in many ways as we learned to thrive in a virtual world. LEARN MORE INSIDE. Message from Executive Director David Unmacht We Still Got This In 2013, when the League celebrated its centennial anniversary, we published a colorful timeline showing events of significance throughout the decades from 1913-2013. It includes a lot of interesting and fun facts and photos from the League’s history, as well as other notable historical moments. One reference in the timeline for the year 1918 now has even more meaning than it did to us when we published it in 2013: “The League cancels its Annual Conference because of a ban on public meetings due to the [1918] flu epidemic.” When we look back on 1918, we see it as a year without the distinction of details or days. When we look back at 2020-2021, we still see days because it’s too close in the rearview mirror to see the entirety of what we’ve overcome. Yet, since March of 2020, we have experienced a lifetime’s worth of uncertainty, change, and memories, and we are not yet finished. This past fiscal year, the League delivered member services in an unprecedented way, and this Annual Report highlights some of our work. It is no surprise that a once-in-a-century pandemic experience, coupled with social unrest and economic instability, remains the most dominant influence on most of our members and our organization. This report is intended to capture the wide view of all of our work from Sept. 1, 2020, to Aug. 31, 2021. I wrote about the initial stages of the COVID-19 pandemic in our 2019-2020 Annual Report. Now, one year later, we are closer to the end and have a significant amount of experience and knowledge to recall. One lesson is a certainty, gathered by countless first-person testimony from our city officials: This pandemic has not impacted our member cities equally or equitably. From minor or inconsequential impacts to significant challenges organizationally, socially, and economically, each of you have your own stories to share. As I reflect on the one sentence that summarized the 1918 pandemic, I offer my reflection on how to capture the essence of the League’s work this past year for future generations to know and understand: Throughout the pandemic, with great dedication and resilience, League personnel worked to support cities in many ways. Programs, webinars, research, and advice were in high demand, and we immediately shifted to an all-virtual experience to keep everyone safe. The League was the go-to source for real-time information on COVID-19 impacts, health guidelines, and federal aid. Working closely with our members, the League’s spirit was succinctly captured in credo at the time with this phrase: #WeGotThis. LEAGUE OF MINNESOTA CITIES & LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • ANNUAL REPORT 2020-2021 OUR MISSION The League of Minnesota Cities promotes excellence in local government through effective advocacy, expert analysis, and trusted guidance for all Minnesota cities. OUR VISION We envision a future for Minnesota and the League where: All cities are thriving, taking advantage of new opportunities, and successfully meeting ongoing challenges. The League continues to provide premier service to its members, and is recognized as the trusted, authoritative, and unified voice on issues affecting cities. While in-person events were largely put on hold this year, members took advantage of dozens of unique and creative online events and learning opportunities hosted by the League. In October 2020, the LMC Live! series of webinars took the place of traditional Regional Meetings and hosted more than 900 city officials during seven live webinars over five days. Highlights included a legislative update, police accountability with Department of Public Safety Commissioner John Harrington, an economic outlook for cities, elections, public safety mental health, and a briefing from Gov. Tim Walz. In January, the League kicked off 2021 with a reinvention of the Elected Leaders Institute. The Foundational program (for elected leaders in their first one to two years in office) was a blended learning program that included both live sessions in Zoom and on-demand courses in our new online learning platform, MemberLearn. The Advanced program consisted of four interactive live Zoom sessions over two weeks in February. MemberLearn courses, developed by the League specifically for Minnesota city officials, allow members to access educational courses anytime and anywhere. MemberLearn courses are custom-built by the League to be fun, easy to engage with, and educational for both elected officials and staff. Some courses are available for individual purchase, and some are also used as part of a blended learning program, which have on-demand and live sessions like the Elected Leaders Institute. Throughout the winter and spring, the League’s Intergovernmental Relations staff kept members informed via the 2021 Legislative Series, which included two live webinars and a series of short podcasts to keep cities up to date on what was happening at the Capitol. Spring Safety & Loss Control Workshops also went virtual and offered topics like social media, public safety communications, new officer physical abilities testing, playground safety, and more. In June, the LMC 2021 Virtual Annual Conference presented keynote speakers University of Minnesota Head Football Coach P.J. Fleck and former Minnesota Viking and Minnesota Supreme Court Justice Alan Page, as well as several timely educational sessions. The Road to Recovery webinar series kicked off in March with an introduction to the American Rescue Plan Act (ARPA) funding. Throughout the spring and summer, Road to Recovery webinar topics included several subsequent ARPA funding updates and best practices for returning to work. Additional webinars on timely topics like public safety use of force, race equity, budgeting for technology, and residential protests also proved extremely popular. LEAGUE OF MINNESOTA CITIES & LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • ANNUAL REPORT 2020-2021 LEARNING IN A VIRTUAL WORLD While we hope to see you again in person soon, we also look forward to finding new and innovative ways to keep learning and thriving in a virtual world. 2021 LEGISLATIVE SERIES Supporting Public Safety Professionals The League and League of Minnesota Cities Insurance Trust (LMCIT) have been active in responding to the evolving and critical needs of the public safety community this past year. The goal is to support public safety employees and the people they serve. ADDRESSING MENTAL HEALTH ISSUES The Trust Board and staff have continued to prioritize addressing the human and financial costs of post- traumatic stress disorder (PTSD) in public safety personnel. Led by Public Safety Program Coordinator Lora Setter, staff are partnering with medical and public safety stakeholders to better understand how trauma affects first responders, how departments and city leaders can support mental wellness, and what strategies can ensure that a PTSD diagnosis doesn’t mean the end of a career or a life. One strategy that shows promise in preventing and treating PTSD and other mental health issues is the practice of public safety peer support. The Peer Support Advisory Board was established to provide guidance and help in educating and promoting peer support programs across the state. In addition, the League’s new PTSD and Mental Health Toolkit for public safety professionals, available on the LMC website, is a great place to learn more. The Trust also helped to convene a task force of law enforcement and mental health professionals with the goal of developing a white paper and model policy for responding to mental health calls in the field. Those resources are meant to help improve safety and outcomes for these challenging interactions. RECOGNITION Outgoing LMC President Brad Wiersum, mayor of Minnetonka, showed his appreciation for Minnesota first responders by giving them the 2021 President’s Award. Wiersum said he wanted to honor first responders for always answering the call for service in a crisis, for their leadership in addressing health and wellness issues both within the community and their own agencies, and for their dedication to ensuring mutual trust with the residents they serve. NEW TRAINING, TESTING, AND TOOLS LMCIT’s PATROL program (Peace Officer Accredited Training Online) ended the year with 367 law enforcement agencies and eight accredited colleges enrolled. This year, the program quickly advised agencies about legislative changes to the use-of-force statute, developed additional courses about autism, and launched a series of constitutionally based training. The League also launched a new physical abilities test for police officers. Developed with experts in the field, the test has been validated in accordance with federal Equal Employment Opportunity Commission standards. It can potentially reduce injuries by helping to ensure your new officers are fit to perform the essential functions of the job. In addition, Trust and League staff worked with members to develop a neighborhood protest checklist for cities that are experiencing picketing or protests in residential areas. The tool can help your team protect lawful activity, while also identifying and addressing unlawful behavior. NEW LMC PUBLIC SAFETY LEADER A familiar face behind the League’s public safety work, Rob Boe, retired in 2020. Tracy Stille, who previously served as a League loss control field consultant, has now replaced Boe as the LMC public safety project coordinator. He brings nearly 40 years of law enforcement and emergency management experience to this work. Former Brooklyn Park Deputy Police Chief Todd Milburn was on the steering committee that helped develop the new physical abilities test. Tracy Stille Maple Grove Police Chief Eric Werner (left), president of the Minnesota Chiefs of Police Association, and Brooklyn Park Fire Chief John Cunningham, president of the Minnesota State Fire Chiefs Association, accept the LMC 2021 President’s Award from Brad Wiersum. This year, the League developed many pandemic recovery resources for cities, including guidance on virtual council meetings, mask-wearing requirements, COVID-19 preparedness plans, and several of Gov. Tim Walz’s executive orders. League staff also produced sample leave request forms to help cities comply with the Families First Coronavirus Relief Act, and provided links to COVID-19 materials in different languages. In addition, League staff answered more than 1,500 questions from members on a variety of pandemic topics, including utility shut-offs, employee vaccinations, unemployment benefits, and quarantines. LEGISLATIVE ADVOCACY WORK The League’s Intergovernmental Relations (IGR) staff worked extensively with the National League of Cities, the Minnesota congressional delegation, and the White House to advocate for flexible, direct federal assistance to all Minnesota cities. These efforts resulted in several COVID-19 assistance bills, including the American Rescue Plan Act (ARPA), which contained the direct federal assistance for all Minnesota cities that we had been seeking. IGR staff navigated through a total of seven special legislative sessions (some of those in the previous fiscal year), as they advocated for city priorities like additional remote options for council meetings and improvements in future pandemic funding. FEDERAL FUNDING Many cities received federal CARES Act funding in 2020, and there were several requirements attached to those funds. The League offered webinars to help cities meet all the compliance, audit, and reporting requirements. Cities also received guidance from a League webinar on budgeting for new technology, since many cities used their CARES Act funds for that purpose. ARPA passage in 2021 provided funding for ongoing pandemic needs via the Local Fiscal Recovery Fund. The League educated members on the longer time frame to use these funds (as compared to the time frame for CARES Act funds) and encouraged cities to take a thoughtful approach to using ARPA funds. An LMC webinar introduced members to the Local Fiscal Recovery Fund and provided updates as the program took shape. The League partnered with Minnesota Management and Budget to offer a webinar guiding non-entitlement cities (generally those less than 50,000 in population) on applying for ARPA funds. Roundtable webinars allowed cities to meet, grouped by population, to exchange ideas on using the funds. The League also produced model documents like the Resolution to Accept ARPA and documents associated with ARPA-subsidized employee benefits. GUIDANCE FOR WORKPLACE PRACTICES For cities continuing remote work, the League developed and offered the following resources to members: Model Remote Work Policy. Webinar showcasing the efforts of three cities to provide a flexible workplace. Pilot program for video interviewing job applicants. Magazine article on virtual benefits enrollment. Web page with guidance on remote employees working outside of Minnesota. Webinar with two prominent labor relations experts featuring pandemic-related labor relations issues. ASSISTING CITIES ON THE Road to Recovery As the COVID-19 pandemic continued to wax and wane throughout the past year, the League created resources to assist cities as they travel the road to recovery. As the uncertainty surrounding the pandemic lingers, the League will continue to provide resources and guidance to help cities through it. A remodel of the League building’s first and second floors was completed in 2020 and provides more space specifically for members (shown in this photo). Nearly 6,000 member inquiries were answered by LMC staff on a variety of topics related to legal issues, human resources, city finance, technology, and more. League staff conducted two pilot projects to help cities with recruiting and hiring. In one project, five cities tested a new platform to attract more people of color to city jobs. In the other, five cities tested out new online video interviewing software. The pandemic slowed down the League’s in-person member engagement, but we still managed to do 68 visits around the state (as shown in this map) with 340 city officials from 185 cities. The League launched new cybersecurity trainings and resources. LMCIT also worked with a consultant to evaluate members’ cyber exposures. LMCIT’s loss control field consultants launched new tools to help cities develop best practices for their fleet operations, including transit, police, and maintenance vehicles. The League’s Minnesota Municipal Money Market Fund (4M Fund) added a new investment tool called the Limited Term Duration (LTD) Fund. It provides higher returns for longer-term reserves. The League began work to develop a small cities resource center with information and resources tailored to our smaller members. Stay tuned for more on this! MEMBER DEMAND DRIVES LEAGUE’S RACE EQUITY WORK HIGHLIGHTS OF THE LEAGUE’S YEAR The League carefully listened to members over the course of the past year to better understand how cities are encountering issues related to race, equity, diversity, and inclusion. City officials clearly articulated the importance of the League as a resource, as we received about 65 member inquiries seeking our information and input. City leaders challenged the League to widen its perspective to support cities with broader needs. Cities across the state are wrestling with distinctions unique to each community, including socioeconomic divisions (e.g., income, education, employment), partisan divides, and others — and they want to be more responsive to the citizens they serve. In many respects, these are new areas of emphasis, and developing basic skills to engage citizens is a high priority. To expand the League’s resources available to members, staff pursued extended community engagement opportunities with neighborhood groups and other local organizations interested in advancing race equity, diversity, and inclusion. At the recommendation of members involved in the League’s legislative advocacy work, legislative policy committees drafted a new policy that encourages state officials to take a leadership role by making it a priority to address race equity concerns. * LMC numbers are the most recent audited numbers from fiscal year 2020 (9/1/19-8/31/20).** LMCIT numbers reflect property/casualty program financials as of 5/31/20 and workers’ compensation program financials as of 12/31/20, the most recent audited numbers. LMC GENERAL FUND EXPENDITURES & TRANSFERS Total: $10,500,416* Salaries & Benefits Contractual Services Other Transfers to Capital Improvement Fund LMC GENERAL FUND REVENUES Total: $10,850,232* LMCIT Cost Sharing Other Dues Institutional Fee LMCIT EXPENSES Total: $122,670,495** Claims General & Administrative Reinsurance Dividends LMCIT REVENUES Total: $167,243,359** Premiums Investments 71% 9% 10% 67% LMC & LMCIT FINANCIALS REMAIN STRONG Our financial base continues to be strong, allowing us to deliver a variety of resources and services to you, our members. Here are a few highlights: Of the 853 cities in Minnesota in fiscal year 2019-2020, 98% were members of the League. The LMC Board of Directors approved a 3% membership dues schedule increase for fiscal year 2019-2020. LMC, including the Building Company, had a net position of $15.9 million and assets of $26.1 million. The League’s general fund unassigned fund balance as of Aug. 31, 2020, was 29% of the following year’s total budgeted expenditures and transfers, falling within the 25%-35% range set in the LMC Board’s fiscal policies. LMCIT had a combined net position of $207 million and assets of $598 million. In December 2020, LMCIT distributed dividends totaling $5.7 million to members of its property/casualty program, bringing the total amount of returned dividends since 1987 to $338 million. 34%16% 18% 32% 2% 65% 22% 11% 70% 30% 10% The League Board of Directors and staff continue to manage our financial resources within a member-centric and strategic fiscal culture. We operate within solid Board-adopted financial policies and are committed to being fiscally responsible and accountable for our annual operating and capital budgets. LMC BOARD OF DIRECTORS 2020–2021 PRESIDENT Brad Wiersum Mayor, Minnetonka FIRST VICE PRESIDENTD. Love Mayor, Centerville SECOND VICE PRESIDENT Ron JohnsonCouncil Member, Bemidji PAST PRESIDENTMike Mornson City Manager, Hopkins DIRECTORS Amy Brendmoen Council Member, St. Paul Craig Clark City Administrator, Austin Andrew Johnson Council Member, Minneapolis Jon Lubke Mayor, Jenkins Jeff Lunde Mayor, Brooklyn Park (served through Dec. 2020) Joshua MalchowCity Clerk-Administrator, Slayton Jenny Max City Administrator, Nisswa Margaret McCallumCity Administrator, Mayer Candy Petersen Council Member, North St. Paul Jeff Pilon Mayor, Nowthen Donna Schmitt Mayor, Columbia Heights (served through Dec. 2020) Jim WeikumMayor, Biwabik CGMC REPRESENTATIVE Audrey Nelsen Council Member, Willmar METRO CITIES REPRESENTATIVE Myron BaileyMayor, Cottage Grove MAOSC REPRESENTATIVE Tim BurkhardtCouncil Member, Hinckley LMCIT BOARD OF TRUSTEES 2021 CHAIR Dave Callister City Manager, Plymouth VICE CHAIRAnna Gruber City Administrator, Sartell TRUSTEES Jake BensonCouncil Member, Proctor Clinton GridleyCity Administrator, Woodbury D. LoveMayor, Centerville Alison ZelmsCity Administrator, Rochester David UnmachtExecutive Director, League of Minnesota Cities ©2021 League of Minnesota Cities. All Rights Reserved. 145 University Avenue West St. Paul, MN 55103 www.lmc.org MinnesotaCities MinnesotaCities #MnCities Date: September 20, 2022 Agenda Item #: VI.Q. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Approve Mann Theatres Business Establishment Name Change for Liquor License Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Mann T heatres business establishment name change for their liquor license from Mann T heatres dba Edina Theatres to Brainerd Entertainment LLC dba Edina Theatre. INTRODUCTION: The liquor license, which was recently approved by City Council, should have been in the name Brainerd Entertainment LLC dba Edina Theatre because Brainerd Entertainment LLC will be responsible for the daily operation and serving liquor at Edina Theatre. Lt. Conboy conducted a background investigation and his report is attached. ATTACHMENTS: Description Background Investigation Report Date: September 20, 2022 Agenda Item #: VI.R. To:Mayor and City Council Item Type: Other From:Cary Teague, Community Development Director Item Activity: Subject:Continue Action to October 6, 2022, for Resolution No. 2022-77 and Ordinance No. 2022-11: Preliminary Rezoning from PID, Planned Industrial District to PUD, Planned Unit Development, and Subdivision at 5146 Eden Avenue (Former Public Works Site) Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Continue action to the October 6, 2022, City Council Meeting. INTRODUCTION: At the September 7, 2022, City Council meeting, the City Council motioned to take action on this item on September 20. Date: September 20, 2022 Agenda Item #: VII.A. To:Mayor and City Council Item Type: Other From:Jennifer Garske, Executive Assistant Item Activity: Subject:Proclamation: Declaring September 17-23 Constitution Week Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion adopting the Proclamation declaring September 17-23 Constitution Week. INTRODUCTION: Diana Lynch from the Monument Chapter of the Daughters of the American Revolution will be present to receive the Proclamation. ATTACHMENTS: Description Constitution Week Proclamation 2022 PROCLAMATION CONSTITUTION WEEK September 17-23, 2022 WHEREAS, it is the privilege of all Americans to commemorate the two hundred thirty fifth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, Public Law 915 guarantees the issuance of a proclamation by the President of the United States of America, designating September 17 through 23 as Constitution Week. NOW, THEREFORE, the City Council of the City of Edina, MN, hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and urge all citizens to study the Constitution, reflect on the privilege of being an American with all the rights and responsibilities that privilege involves and reaffirm the ideals of the Constitution. Dated this 20th day of September 2022. _________________________________ Kevin Staunton, Acting Mayor Date: September 20, 2022 Agenda Item #: VIII.A. To:Mayor and City Council Item Type: Report / Recommendation From:Cary Teague, Community Development Director Item Activity: Subject:PUBLIC HEARING: Resolution No. 2022-81 and Zoning Ordinance No. 2022-13: To revise the PUD- 16 Zoning District to include a new Overall Development Plan and Site Plan Review for 7200 and 7250 France Avenue Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Close the public hearing at noon on September 26, 2022, and continue action to the October 6 City Council meeting. INTRODUCTION: Orion Investment is requesting a Zoning Ordinance Amendment for a completely new redevelopment project for the subject property. This site received a rezoning approval to Planned Unit Development-16 in 2019; however, the project was never constructed. T he underlying, or previous zoning on the site is POD, Planned Office District. T he existing PUD would allow two six-story buildings with 299 unit of housing and 30,000 square feet of retail/restaurants and 10 owner occupied townhomes. The previous POD, Planned Office District, would allow 113,000 square feet of office/medical office use. The existing office buildings and parking ramp on the sites would be removed. T he existing parking ramp is in a very poor state of repair. The project would be developed in two phases. The first phase would be the construction of a five-story 124,620 square foot office building and coffee shop with underground parking at the 7250 France Site. T he 7200 site would include a ponding area, sidewalks, green space, landscaping and surface parking where the future building pad would be. Phase 2 would include a similar sized building in height and square footage, with the future use of housing with retail (150 units). P ermanent parking for Phase 1 would be required to be included in the Phase 2 development. This request would require the following: A Rezoning/Ordinance Amendment to revise the PUD-16, Planned Unit Development District to establish a new Overall Development Plan and Site Plan review for P hase 1. ATTACHMENTS: Description Staff Report and Memos Applicant Narrative AFO Review (Mic Johnson) Site Location, Zoning, & Comp. Plan Proposed Plans and Renderings 1 of 4 Proposed Plans and Renderings 2 of 4 Proposed Plans and Renderings 3 of 4 Proposed Plans and Renderings 4 of 4 Better Together Public Hearing Comment Report Previously Approved Plans and Renderings Southdale Design Experience Guidelines Traffic and Parking Study Resolution No. 2022-81 Ordinance No. 2022-13 Staff Presentation Applicant Presentation September 14, 2022 Planning Commission Cary Teague, Community Development Director Zoning Ordinance Amendment, to revise the PUD-16 Zoning District to include a new Overall Development Plan and Site Plan Review for 7200 and 7250 France Avenue Information / Background: Orion Investment is requesting a Zoning Ordinance Amendment for a completely new redevelopment project for the subject property. This site received a rezoning approval to Planned Unit Development-16 in 2019; however, the project was never constructed. (See attached approved plans.) The underlying, or previous zoning on the site is POD, Planned Office District. The existing PUD would allow two six-story buildings with 299 unit of housing and 30,000 square feet of retail/restaurants and 10 owner occupied townhomes. The previous POD, Planned Office District would allow 113,000 square feet of office/medical office use. The existing office buildings and parking ramp on the sites would be removed. The existing parking ramp is in a very poor state of repair. The project would be developed in two phases. The first phase would be the construction of a five-story 124,620 square foot office building and coffee shop with underground parking at the 7250 France Site. The 7200 site would include a ponding area, sidewalks, green space, landscaping and surface parking where the future building pad would be. Phase 2 would include a similar sized building in height and square footage, with the future use of housing with retail (150 units). Permanent parking for Phase 1 would be required to be included in the Phase 2 development. This request would require the following: A Rezoning/Ordinance Amendment to revise the PUD-16, Planned Unit Development District to establish a new Overall Development Plan and Site Plan review for Phase 1. Flexibility is requested through the PUD for reduced setbacks building height, floor area ratio, building coverage and parking stalls. STAFF REPORT Page 2 The applicant has gone through the sketch plan process and per the attached applicant narrative have made the following changes to the plans in response: Address the West Promenade Street Room typology 1A: incorporated Woonerf in north-south direction bikes and vehicles share Woonerf with striped bike lanes and vegetated median strip. due to extreme grade changes, the Woonerf itself was not determined to be appropriate location for pedestrians to share; pedestrian paths are closer to proposed buildings for safety and accessibility. West 72 ½ street (AKA Danila Street) Developed to become a pedestrian-only public realm and a network of accessible green spaces with art located at intersection with France Building scale and fenestration: “75% of building walls to be at setback line to support creation of street room” When considering Danila Street as “street” as defined by the applicable typologies, the proposed buildings meet this requirement. “All building façades are prime (including parking) and must be designed accordingly. There is no back side of a building. “ Removed grocery store from program – all facades of proposed building have been carefully considered as prime with mix of human-scaled glazing and natural materials “All facades on the first vertical 60 feet of a building (above grade) shall use natural materials facing the public realm.” Natural materials have been selected for portions of all facades within first 60 feet of building above grade “The landscape of the West Promenade should reinforce the characteristics of the neighborhood: tree lined to make sidewalks pleasant and safe to be on, creating a green vertical street room that is always pleasant to walk down” Danila Street connects the greater Southdale district through this site with a pedestrian-scaled greenway featuring a mix of native landscape, paths with seating, and spaces primed for community events and art installations. This path connects further west to the beautified retention basin nature area, and to the north-south accessible pedestrian path connecting 72nd Street to Gallagher. SUPPORTING INFORMATION Surrounding Land Uses Northerly: Senior Housing, Sunrise assisted living facility; zoned PSR-4, Planned Senior Citizen District and guided OR, Office Residential. Easterly: Macy’s Home Store; zoned PCD-3, Planned Commercial District and guided MXC, Mixed Use Center. Southerly: Office building; zoned POD-1, Planned Office District and guided OR, Office Residential. Westerly: Apartments and duplexes; zoned PRD, Planned Residential District and guided High Density Residential, and zoned R-2, Double Dwelling Unit District and guided Low Density Residential. STAFF REPORT Page 3 Existing Site Features The subject property is 5.2 acres in size, contains two existing 4-story office buildings, a parking ramp, surface parking and a wooded area. The parking ramp is in an extremely poor condition. Planning Guide Plan designation: OR, Office Residential. Zoning: PUD-16, Planned Unit Development -16 Greater Southdale District Design Experience Guidelines - City Goals The development pattern is generally consistent with the previously approved plans and does attempt to address the Greater Southdale District Design Experience Guidelines. The following remain the highlights the proposal: The division of the property into smaller blocks and the provision of public pedestrian and vehicle access and connections through the site (comprises 19% of the entire site); At final build out, there would be no visible surface parking stalls from France Avenue, and public realm created through the site. Phase 1 does include a surface parking lot with 83 parking stalls. The applicant has not followed the street room typology for the east-west street (Typology 4), where the building must step in after the initial 60 feet in height. That is the same for the area along France. Below is the typology that should be followed along France: Dimensional Characteristics of Street Room Typology 2 Cornelia Overlay at France Avenue France Avenue At sketch plan review, Mic Johnson, AFO, the City’s consultant on the Greater Southdale Area Vision Plan reviewed the revised plans and has provided feedback. (See attached AFO review.) The applicant has attempted to address the AFO review. (See attached applicant narrative. Meeting these street room typologies could be made a condition of any approval. STAFF REPORT Page 4 Parking Based on the City Code requirement, Section 36-1311, (this application was made prior to the adoption of the new parking regulations) Phase 1, 124,620 s.f. of office and a 2,200 s.f. coffee shop would require 700 parking stalls (423 under the new ordinance.) The project would provide 317 parking stalls, 219 underground stalls and 15 surface stalls on the Phase 1 site, and 83 parking stalls on the Phase 2 site to the north. At full build out, including the additional 150 units of housing and 10,000 square feet of retail would require 900 parking stalls (606 under the new ordinance.) The project would provide 468 parking stalls. Stantec conducted a parking study to determine if the parking provided would be adequate. The study concludes that there would be adequate parking in both Phase 1 and Phase 2. (See attached study.) Parking needed for Phase 1 is 289 stalls (317 provided) and Parking needed for Phase 2 is 356 stalls (468 provided). Site Circulation/Access/Traffic Primary access to the proposed development would be off Gallagher Drive and 72nd Street. The access off France Avenue has been eliminated. The result of the elimination of that access allows more green space on the site, as the right turn land is eliminated. Stantec conducted a traffic study. The study concludes that the existing roadways can be supported by the project. (See attached traffic study.) Landscaping Based on the perimeter of the site, 55 overstory trees would be required. The proposed plans show that over 100 overstory trees on site. A full complement of understory shrubs and bushes are also proposed. Grading/Drainage/Utilities The city engineer has reviewed the proposed plans and found them to be acceptable subject to the comments and conditions outlined in the attached memo. A site improvement plan agreement would be required to outline public vs. private responsibilities and ownership for private improvement on public property. Any approvals of this project would be subject to review and approval of the Nine Mile Creek Watershed District, as they are the City’s review authority over the grading of the site. Building/Building Material The building materials would be a combination of brick, stone, architectural metal panels, and glass. The applicant will have a materials board for review at the Planning Commission meeting. Mechanical Equipment Any rooftop and/or ground level equipment would have to be screened if visible from adjacent property lines. Loading Dock/Trash Enclosures Loading area and trash enclosures would be on the inside of the building/parking ramp. STAFF REPORT Page 5 Building Height The previously approved project for this site allowed building height up to 67.5 feet. The previous building height requirement for this site was 4 stories and 48 feet. The applicant is requesting flexibility from this standard through the new PUD rezoning of 84 feet. Within the underlying POD zoning district, the Edina City Code requires that buildings 5-6 stories tall be setback two times the height of the building from the property line of single-family homes. The building height is 84 feet; therefore a 168-foot setback is required. The distance as proposed would be 255 feet, therefore would be code compliant. Living Streets/Multi-Modal Consideration Sec. 36-1274. - Sidewalks, trails and bicycle facilities. (a) In order to promote and provide safe and effective sidewalks and trails in the City and encourage the use of bicycles for recreation and transportation, the following improvements are required, as a condition of approval, on developments requiring the approval of a final development plan or the issuance of a conditional use permit pursuant to article V of this chapter: (1) It is the policy of the City to require the construction of sidewalks and trails wherever feasible so as to encourage pedestrian and bicycle connectivity throughout the City. Therefore, developments shall provide sidewalks and trails which adjoin the applicant's property: a. In locations shown on the City's sidewalk and trail plan; and b. In other locations where the council finds that the provision of such sidewalks and trails enhance public access to mass transit facilities or connections to other existing or planned sidewalks, trails or public facilities. (2) Developments shall provide sidewalks between building entrances and sidewalks or trails which exist or which will be constructed pursuant to this section. (3) Developments shall provide direct sidewalk and trail connections with adjoining properties where appropriate. (4) Developments must provide direct sidewalk and trail connections to transit stations or transit stops adjoining the property. (5) Design standards for sidewalks and trails shall be prescribed by the engineer. (6) Nonresidential developments having an off-street automobile parking requirement of 20 or more spaces must provide off-street bicycle parking spaces where bicycles may be parked and secured from theft by their owners. The minimum number of bicycle parking spaces required shall be five percent of the automobile parking space requirement. The design and placement of bicycle parking spaces and bicycle racks used to secure bicycles shall be subject to the approval of the city engineer. Whenever possible, bicycle parking spaces shall be located within 50 feet of a public entrance to a principal building. (b) The expense of the improvements set forth in subsection (a) of this section shall be borne by the applicant. The proposal to add 150 units of housing and an office building with retail/commercial uses on France Avenue with extensive pedestrian walkway opportunities through and around the perimeter of the site would enhance the pedestrian experience in the area. The plans are consistent with the vision document for the Greater Southdale Area by providing a 50-foot STAFF REPORT Page 6 setback on France Avenue and 72nd Street. The Setback on Gallagher Drive is proposed at 25 feet, consistent with the previously approved plans. Planned Unit Development (PUD) Per Section 36-253 the following are the regulations for a PUD: 1. Purpose and Intent. The purpose of the PUD District is to provide comprehensive procedures and standards intended to allow more creativity and flexibility in site plan design than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. The purpose and intent of a PUD is to include most or all of the following: a. provide for the establishment of PUD (planned unit development) zoning districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City's Comprehensive Plan; b. promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City; c. provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the City's standards to offset the effect of any variations. Desired design elements may include: sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian oriented design, and podium height at a street or transition to residential neighborhoods, parks or other sensitive uses; d. ensure high quality of design and design compatible with surrounding land uses, including both existing and planned; e. maintain or improve the efficiency of public streets and utilities; f. preserve and enhance site characteristics including natural features, wetland protection, trees, open space, scenic views, and screening; g. allow for mixing of land uses within a development; h. encourage a variety of housing types including affordable housing; and i. ensure the establishment of appropriate transitions between differing land uses. 2. Applicability/Criteria a. Uses. All permitted uses, permitted accessory uses, conditional uses, and uses allowed by administrative permit contained in the various zoning districts defined in this Chapter shall be treated as potentially allowable uses within a PUD district, provided they would be allowable on the site under the Comprehensive Plan. b. Eligibility Standards. To be eligible for a PUD district, all development should be in compliance with the following: i. where the site of a proposed PUD is designated for more than one (1) land use in the Comprehensive Plan, the City may require that the STAFF REPORT Page 7 PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this ordinance and the Comprehensive Plan; any PUD which involves a single land use type or housing type may be permitted provided that it is otherwise consistent with the objectives of this ordinance and the Comprehensive Plan; ii. permitted densities may be specifically stated in the appropriate planned development designation and shall be in general conformance with the Comprehensive Plan; and iii. the setback regulation, building coverage and floor area ratio of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in #1 above. The previously approved plans were found to meet the above standards, and therefore, the site was rezoned to PUD. While the plans have been downgraded to make for a more economically feasible project, staff believes the proposal would still meet the purpose and intent of the PUD, as most of the above criteria would be met. The site is guided in the Comprehensive Plan for “Office Residential,” which allows for office, retail and multi-family housing in a density range of up to 75 units per acre. The proposal still is a mixed-use (horizontal mixed-use) development including office, retail, and multi-family residential within the required density range. The previous project and existing zoning on this site requires affordable housing to be provided within the project. Staff recommends that the multi-family housing development provide 10% of the units within the project for affordable housing. The proposal would create a more efficient and creative use of the property than existing. The site would be divided up with a public north-south vehicle, bike and pedestrian path as well as an east west pedestrian path. Parking would be primarily enclosed with limited surface parking behind the building, eliminating the surface parking that exists today. The project will be required to meet the City’s sustainability policy. The sustainability coordinator has reviewed the proposal and submitted comments within the engineering memo. (See attached.) Comprehensive Plan The proposed density and uses are all consistent with the City’s 2040 Comprehensive Plan. As mentioned, the site is designated as OR, Office Residential The description of Land Uses within the Comprehensive Plan is as follows: Transitional areas along major thoroughfares or between higher-intensity districts and residential districts. Upgrade existing streetscape and building appearance, improve pedestrian and transit environment. Primary uses are offices, attached or multifamily housing. Secondary uses: Limited retail and service uses (not including “big box" retail). Encourage structured parking and open space linkages where feasible; emphasize the enhancement of the pedestrian environment. 50%/50% estimated residential/commercial mixed-use. STAFF REPORT Page 8 Compliance Table City Standard (PUD-16) (Measured to the curb) POD District (Measured to the curb) Proposed (Measured to the curb) Front – 72nd Street Front – France Ave. Front – Galagher Drive Side – West (north half) Side – West (south half 35 feet 39 feet 20 feet 90 feet 45 feet 30 feet 50 feet 30 feet 20 feet 20 feet 30 feet 50 feet 25 feet* 150 feet 90 feet Building Height 6 stories and 67 feet 4 stories and 48 feet 5-6 stories and 84 feet* Floor Area Ratio (FAR) 1.8 .50 1.0* Building Coverage .30 .31* Parking Office/retail – 456 spaces Housing – 150 spaces Total – 606 spaces 468 spaces* *Requires Variance from the original zoning requirement STAFF REPORT Page 9 PRIMARY ISSUES/STAFF RECOMMENDATION Primary Issues Are the proposed changes to the approved Overall Development Plan reasonable to justify amending the PUD rezoning for this site? Yes. Staff does support the revised PUD, for the following reasons: 1. While the plans are more flawed that the previously approved plans, they still do generally address the Greater Southdale District Design Experience Guidelines. Highlights continue to include: The division of the property into smaller blocks and the provision of pedestrian, bicycle and vehicle access and connections through the site both east-west and north-south; increasing the public realm on the site; eliminating most of the surface parking stalls, with none being visible from France Avenue in the Phase 2 build out. The street typology that requires buildings step in 10 feet above 60 feet in height shall be made a condition of approval. Affordable housing should be required within the future apartment project as well as public art located along France Avenue. They will be seeking a LEED certified building in Phase 1. 2. The project would meet the following goals of the Comprehensive Plan: Primary uses are offices, attached or multifamily housing. Secondary uses: Limited retail and service uses (not including “big box" retail). Encourage structured parking and open space linkages where feasible; emphasize the enhancement of the pedestrian environment. Locate and orient vehicle parking, vehicular access, service areas and utilities to minimize their visual impact on the property and on adjacent/surrounding properties, without compromising the safety and attractiveness of adjacent streets, parks, and open spaces. Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. Limit driveway access from primary streets while encouraging access from secondary streets. Provision of the north-south public vehicle, bike and pedestrian connection through the site. Encourage the development of parking lots or structures so they can be shared by more than one building on the site or by buildings on neighboring sites, and which can transition over time to other uses if parking needs change. Increase mixed-use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. Support the development of mixed-use districts that provide a variety of living opportunities within a walkable and livable area. Recognize and support commercial, office, and industrial job centers that draw workers from the city and across the region. Ensure that the city’s roads continue to evolve to act as connectors, rather than as barriers. Incorporate amenities and infrastructure into public corridors to make them beautiful, efficient, and multimodal public spaces that contribute to community identity and pride. 50%/50% estimated residential/commercial mixed-use. 3. The proposal meets the City’s criteria for PUD zoning. In summary the PUD zoning would: STAFF REPORT Page 10 Create a more pedestrian-friendly development with the construction of improved sidewalks and connections to the Promenade. The project would bring vibrancy to the area. The building would be of high-quality architectural brick, metal, stone, and glass. Ensure that the buildings proposed in Phase 1 would be the only buildings built on the site unless an amendment to the PUD is approved by City Council. Phase 2 would be required to be multi-family residential with some retail commercial as long as there is adequate parking on the site for all phases. Project would add to the City’s affordable housing stock by providing 10% of the units in Phase 2 for affordable housing. Provide for a more creative site design, consistent with goals and policies in the Comprehensive Plan. Enhance green space and landscaping and utilize sustainable concepts. Meet the City’s sustainability policy, including seeking a LEED certified building in Phase 1. Provide 19% of the site for public use. 4. The provision of public space still makes up 19% of the site for the interior public sidewalks, driveways, bike space and public realm. If the public space in front of the building on France, Gallagher and 72nd street was included it would make up 38% of the site. (See attached public realm graphic.) 5. The proposed height is justified. While the proposed buildings would be taller than the previously approved project it would still meet the required setback of buildings 5-6 feet tall to R-1 property. Edina City Code requires that buildings 5-6 stories tall be setback two times the height of the building from the property line of single-family homes. The building height is 84 feet; therefore a 168-foot setback is required. The distance as proposed would be 255 feet. 6. The existing roadways and proposed parking would support the project. Stantec conducted a traffic and parking impact study and concluded that the proposed development could be supported by the existing roads and proposed parking. Recommendation A case can be made for approval and denial of this project. Below provides options for the Planning Commission and City Council to consider: Denial Recommend the City Council deny the request for Zoning Ordinance Amendment and new Overall Development Plan for PUD-16. Denial is based on the following findings: 1. Does not adequately address the Greater Southdale District Design Experience Guidelines like the originally approved plan did. The streetscape is less active due to more street level parking within the structures. The street typologies have not been adequately followed. STAFF REPORT Page 11 2. The proposed project would not meet the criteria for Rezoning to PUD. 3. The proposed building height is too tall compared to the previously approved project for the site, and there is not an adequate setback to Gallagher Drive. Approval Recommend the City Council approve the request for Zoning Ordinance Amendment and new Overall Development Plan for PUD-16. Approval is based on the following findings: 1. The proposed land uses, and density are consistent with the Comprehensive Plan. 2. The proposal still meets the City’s criteria for PUD zoning. The PUD zoning would: a. Create a more pedestrian-friendly development with the construction of improved sidewalks and connections to the Promenade. The project would bring vibrancy to the area. b. The building would be of high-quality architectural brick, metal, stone, and glass. c. Ensure that the buildings proposed in Phase 1 would be the only buildings built on the site unless an amendment to the PUD is approved by City Council. Phase 2 would be required to be multi-family residential with some retail commercial as long as there is adequate parking on the site for all phases. d. Project would add to the City’s affordable housing stock by providing 10% of the units in Phase 2 for affordable housing. e. Provide for a more creative site design, consistent with goals and policies in the Comprehensive Plan. f. Enhance green space and landscaping and utilize sustainable concepts. g. Meet the City’s sustainability policy, including seeking a LEED certified building in Phase 1. h. Provide 19% of the site for public use. 3. The PUD would ensure that the development proposed would be the only building that would be allowed on the site unless an amendment to the PUD is approved by City Council. 4. The plans address the Greater Southdale District Design Experience Guidelines as follows: The division of the property into smaller blocks and the provision of pedestrian, bicycle and vehicle access and connections through the site both east-west and north-south; increasing the public realm on the site; eliminating most of the surface parking stalls, with none being visible from France Avenue in the Phase 2 build out. Affordable housing should be required within the future apartment project as well as public art located along France Avenue 5. The proposed project would meet the following goals and policies of the Comprehensive Plan: Primary uses are offices, attached or multifamily housing. Secondary uses: Limited retail and service uses (not including “big box" retail). STAFF REPORT Page 12 Encourage structured parking and open space linkages where feasible; emphasize the enhancement of the pedestrian environment. Locate and orient vehicle parking, vehicular access, service areas and utilities to minimize their visual impact on the property and on adjacent/surrounding properties, without compromising the safety and attractiveness of adjacent streets, parks, and open spaces. Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. Limit driveway access from primary streets while encouraging access from secondary streets. Provision of the north-south public vehicle, bike and pedestrian connection through the site. Encourage the development of parking lots or structures so they can be shared by more than one building on the site or by buildings on neighboring sites, and which can transition over time to other uses if parking needs change. Increase mixed-use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. Support the development of mixed-use districts that provide a variety of living opportunities within a walkable and livable area. Recognize and support commercial, office, and industrial job centers that draw workers from the city and across the region. Ensure that the city’s roads continue to evolve to act as connectors, rather than as barriers. Incorporate amenities and infrastructure into public corridors to make them beautiful, efficient, and multimodal public spaces that contribute to community identity and pride. 50%/50% estimated residential/commercial mixed-use. 6. The existing roadways and proposed parking would support the project. Stantec conducted a traffic and parking impact study and concluded that the proposed development could be supported by the existing roads and proposed parking. Approval is subject to the following Conditions: 1. The Final Development Plans must be generally consistent with the Preliminary Development Plans dated August 28, 2022. 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must be submitted for one and one-half times the cost amount for completing the required landscaping, screening, or erosion control measures at the time of any building permit. 3. Provision of code compliant bike racks for each use near the building entrances. 4. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the City Code. 5. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code. 6. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district’s requirements. 7. A Developer’s Agreement/Site Improvement Plan Agreement is required at the time of Final STAFF REPORT Page 13 Approval. 8.Phase 2 of the project must include affordable housing within the project, compliant with the City’s affordable housing policy. Final determination to be made at final approval for Phase 2. 9.Compliance with the conditions outlined in the director of engineering’s memo dated September 1, 2022. 10.Compliance with the Stantec Consulting Traffic & Parking Study recommendations. 11.Subject to the Zoning Ordinance Amendment revising the PUD-16, Planned Unit Development for this site. 12.Public sidewalks must be a minimum of 5 feet in width with a 5-foot boulevard on Gallagher Drive and West 72nd Street, and 8 feet minimum width with an 8-foot boulevard on France Avenue. 13.Dedication of public access easements of the east-west and north-south sidewalks and drive- aisles through the site and sidewalks around the perimeter of the site. 14.Submittal of a construction management plan subject to review and approval of city staff prior to issuance of a building permit. The plan must demonstrate minimal impact to pedestrian and vehicle movement. 15.Hours of construction must be consistent with City Code. 16.The property owner shall be responsible for the maintenance of internal sidewalks and drive aisles. The City would snow plow a 5-foot path of the sidewalk on France. The property owners would be responsible for the remaining areas. 17.Public art should be provided along street frontages and the courtyard. 18.Final Plans shall comply with the street typologies in the Southdale Design Experience Guidelines along France Avenue and the building step in at least ten feet at the 60-foot building height. Staff Recommendation Staff recommends approval of the request subject to the findings and conditions listed above. Deadline for a City decision: November 1, 2022 DATE: 9/1/2022 TO: 7200 – 7250 France Ave, Owner and Development Team CC: Cary Teague – Community Development Director FROM: Chad Millner, PE, Director of Engineering Ross Bintner, PE, Engineering Services Manager Zuleyka Marquez, PE, Graduate Engineer Mattias Oddsson, Engineering Services Intern Grace Hancock, Sustainability Manager RE: 7200 – 7250 France Ave – Development Review The Engineering Department has reviewed the subject property for pedestrian facilities, utility connections, grading, flood risk, and storm water. Plans reviewed included civil, landscape, and survey drawings dated 8/1/2022. Additional staff comments on transportation elements are attached. Review Comment Required For General 1. Deliver as-build records of public and private utility infrastructure post construction, including xyz coordinates for storm, water, and sanitary infrastructure. Certificate of Occupancy 2. Staff has had discussions with the Sunrise Senior Living facility north of the project area. They have concerns with noise and vibrations and the effect on their residents. Communication with them will be required to better understand their concerns. Survey 3. An existing and proposed site condition survey is required. Grading/Building Permit 3.1 Show all existing and proposed public and private easements. Update existing private easement regarding drainage as needed. Provide City a copy if updated. Grading/Building Permit 3.2 Provide easement over Danila St. Grading/Building Permit Living Streets 4. Design sidewalks to meet ADA requirements. Grading/Building Permit 5. Saw cut concrete sidewalk joints on public sidewalks. Grading/Building Permit 6. Public sidewalks to be minimum 5’ in width with a 5’ boulevard on Gallagher Drive and West 72nd Street and 8’ minimum width with 8’ boulevard on France Avenue. Grading/Building Permit 7. Consider narrowing north-south access road to 12’ lanes to create a wider (8’-10’) shared-use path on the west side of access road instead of east side across the 7250 France parcel. General Comment 8. Increase width of sidewalk to 8’ minimum or 10’ preferred for west sidewalk across 7200 France to create a shared-use route or a West Promenade. General Comment 9. On-site sidewalks are the responsibility of the property owner to maintain, including snow plowing. City will maintain sidewalks adjacent to France Avenue and Gallagher Drive. General Comment 10. Consider relocating access road medians to pedestrian crossing to serve as refuge island. General Comment 11. Consider covered outdoor bike parking and dedicated bike parking with underground garage. General Comment Traffic and Street 12. Review fire access requirements with fire department. Fire truck turning template attached. Grading/Building Permit 13. Provide traffic study and implement City-approved recommendations. Grading/Building Permit 14. Driveway entrance permit required for entrance reconstruction. Add pedestrian ramps. Comply with standard plates 410 and 415. Building Permit 15. Road patching shall conform to Edina standard plates 540 and 543 on Gallagher Dr and 540 and 545 on 72nd St W. Comply with County requirements for France Ave S. Certificate of Occupancy 16. Proposed France Avenue lighting must remain consistent with Canto light fixtures and be the responsibility of the property owner. Grading/Building Permit Sanitary and Water Utilities 17. Verify fire demand and hydrant locations. Grading/Building Permit 18. Domestic water shall be sized by the developer’s engineer. Grading/Building Permit 19. A looped watermain to the 72nd street right of way to create a public loop is required. Developer should create plan to serve future 7200 building with private main and City will pay oversize to create 8” consistent with City of Edina Water Supply Plan (SEH 2018) The 8” could be phased with any requirements for developer improvements on 72nd street, or stubbed to the right of way and finished with a future City lead improvement. 20. Domestic sanitary shall be sized by the developer’s engineer. Grading/Building Permit 21. Apply for a sewer and water connection permit with Public Works. Prior to Starting Utility Work 21.1 Meter required for building service line and combined lines. No meter required for fire only service line. Grading/Building Permit 21.2 Public Works to determine acceptable installation methods. Grading/Building Permit 22. Disconnected sanitary and water services to be capped at main. 23. A SAC determination will be required by the Metropolitan Council. The SAC determination will be used by the City to calculate sewer and water connection charges Grading/Building Permit 24. Single connection from main for fire and domestic, split after main connection. Grading/Building Permit 25. Verified well of unknown status located onsite at 7200 France Ave S. Provide well sealing record. Wells not in use must be sealed by a licensed well contractor per MN Rules, Chapter 4725. Grading/Building Permit Storm Water Utility 26. Provide geotechnical report with soil borings. Grading/Building Permit 27. Provide hydraulic and hydrologic report meeting watershed and state construction site permit requirements. Grading/Building Permit 28. Submit watershed district permit and copies of private maintenance agreement in favor of watershed. Grading/Building Permit 29. Provide high points at/near property lines to verify runoff from both W 72nd St. and France Avenue are eliminated (at permit and with final as-built survey). Grading/Building Permit 30. Existing basin LE_20 flood elevation appears to be lowered by this proposal through the creation of additional flood storage. This basin has the potential to have extended inundation of stormwater in flood events. Confirm that building lowest floor elevation will be a minimum of 2’ above the 100-year HWL of basin. -or- Applicant to request a site-specific standard with engineer to provide groundwater analysis (or confirm that WD standard is properly used) to confirm that flood exposure does not exist, or inform the vulnerability reducing measures such as floodproofing of the underground parking lot (CWRMP Section 3.1.2.2). Grading/Building Permit 31. Infiltration basins are proposed on a site with MPCA hazardous waste and underground tanks listed. Refer to MNR000018127 and TS0019522 and MNR000017855. Confirm soil remediation meets MPCA/MDH Guidance to allow soil infiltrating features. Nine Mile Creek WD permit review should specifically address this issue. Grading/Building Permit 32. These sites are served by a private lift station and the downstream stormwater system has limited capacity. Rate will be limited to 0.5 cfs or existing conditions, whichever is less. Current plan meets this requirement through replacement of private station. Provide city with documentation of ownership and responsible party for maintenance of private lift station. Grading/Building Permit 33. The 7200 property provides conveyance of stormwater and flood storage for adjacent properties to the south through three private easements noted on ALTA title survey. Review legal obligations of easement and propose update that are acceptable to each property. Grading/Building Permit Grading Erosion and Sediment Control 34. A SWPPP consistent with the State General Construction Site Stormwater Permit is required. Grading/Building Permit Constructability and Safety 35. Construction staging, traffic control, and pedestrian access plans will be required. Grading/Building Permit 36. Developer is responsible for maintaining temporary open green space on 7200 France Ave S in Phase 1A. General 37. Suggest temporary/permanent railing along sidewalks with steep slopes adjacent. 38. Retaining walls over 4-ft in height require design by a structural engineer. Grading/Building Permit 39. Provide an existing condition survey (e.g. video or thorough photography) of ROW around the sites. Grading/Building Permit Sustainability 40. Project must follow Sustainable Buildings Policy General Other Agency Coordination 41. MDH, MPCA and MCES permits required as needed. Grading/Building Permit 42. Nine Mile Creek Watershed District permit is required. Grading/Building Permit 43. Impacts to France Avenue and France Avenue ROW will require Hennepin County permits. Grading/Building Permit Turning Performance Analysis 5/1/2013 45.00 ° Inside Cramp Angle: 81.92 in.Axle Track: 5.25 in.Wheel Offset: 16.60 in.Tread Width: 65.99 in.Chassis Overhang: 258.00 in.Wheelbase: 20 ft. 4 in.Inside Turn: 36 ft. 8 in.Curb to Curb: 41 ft. 1 in.Wall to Wall: Parameters: Calculated Turning Radii: Comments: Truck 12205 Additional Bumper Depth: 19.00 in. Axle Track Tread WidthChassis Overhang Wheelbase Inside Turning Radius Wheel Offset Cramp Angle Additional Bumper Depth Curb to Curb Turning Radius W all to W all Turning R adius 84.99 in.Front Overhang Components Front Tires Chassis Front Bumper Aerial Device Tires, Michelin, 425/65R22.50 20 ply XZY 3 tread Dash-2000, Chassis, PAP/SkyArm/Midmount Bumper, 19" extended, Imp/Vel xxxAerial, 100' Pierce Platform PRIDE #Description 0078244 0070220 0123625 0006900 Notes: Actual Inside Cramp Angle may be less due to highly specialized options. Curb to Curb turning radius calculated for a 9.00 inch curb. Page 1 of 2 Turning Performance Analysis 5/1/2013 Definitions: Inside Cramp Angle Maximum turning angle of the front inside tire. Axle Track King-pin to king-pin distance of the front axle. Wheel Offset Offset from the center-line of the wheel to the king-pin. Tread Width Width of the tire tread. Chassis Overhang Distance from the center-line of the front axle to the front edge of the cab. This does not include the bumper depth. Additional Bumper Depth Depth that the bumper assembly adds to the front overhang. Wheelbase Distance between the center lines of the vehicle's front and rear axles. Inside Turning Radius Radius of the smallest circle around which the vehicle can turn. Curb to Curb Turning Radius Radius of the smallest circle inside of which the vehicle's tires can turn. This measurement assumes a curb height of 9 inches. Wall to Wall Turning Radius Radius of the smallest circle inside of which the entire vehicle can turn. This measurement takes into account any front overhang due to the chassis, bumper extensions and/or aerial devices. Page 2 of 2 Widen sidewalk to 8’ shared-use path to form part of West Promenade Narrow north-south street to discourage through traffic Remove sharrows, encourage cyclists to use off-street facility Remove sidewalk between drive lanes Relocate median to serve as pedestrian refuge island Consider covered outdoor bike parking Consider dedicated bike parking within underground garage 7200-7250 France Site Plan: Staff Comments on Transportation Elements 7200 & 7250 France P.U.D. Application Narrative 8/29/2022 Detailed project narrative explaining the proposed plans This project’s goal is to transform a dilapidated and historically problematic site into a thriving center for business and community activity. Development of this site has the potential to create 450-600 jobs when assuming 3-4 per 1,000 sf in jobs The extreme grade change within the site, paired with the requirement to address the 100-year flood stormwater needs for the adjacent area, provided numerous challenges to the project team. However, we were able to use these challenges to our advantage by working with the existing grade, keeping podium heights human-scaled and at street level, and incorporating ramps and stairs for improved pedestrian circulation while the roadway remains safely shared between bikes and vehicles. Below is a summary of the proposed project’s metrics compared to the previously approved PUD (Ordinance No. 2018-15_PUD-16) on the same site. · Building Height o Previously approved maximum PUD building height: 88’-6” feet above Gallagher with 7 stories o Proposed maximum PUD building height: 84’-0” above Gallagher (see Site Section Comparison diagram for reference). · Gross Floor Area (GFA) o Previously approved GFA: - Residential: 323,690 (6 floors) - Retail: 29,300 (1 floor) - Parking: 132,842 (2 floors) o Proposed GFA of 7250 (calculated per City of Edina’s definition): - General Office: 124,620 (5 floors) - Parking: 97,080 (2 floors below grade) · Parking Metrics o Previously approved parking total: 590 stalls o Proposed parking: - 7250 France (Phase 1A) - On grade: 15 stalls - Below grade: (P1: 110 ) + (P2: 109) = 219 stalls - Total 7250 parking: 234 stalls - 7200 France - (Phase 1B): 83 temporary parking stalls - (Phase 2): approx. 234 enclosed - Total 7200 parking: 317 stalls (pending final design) - 7200 + 7250 Totals by Phase - Total Phase 1A: 234 parking stalls - Total Phase 1B: (234 + 83) = 317 parking stalls - Total Phase 2: potentially 468 (pending final design for 7200) The proposed uses · 7250 France: o General Office o Retail (approximately 2,000 SF) · 7200 France: o Mixed use to potentially include to following: - 150 Dwelling Units - 5 Story Building - Residential: ~150,000 GFA - Retail Proposed public easements · France Ave setback becomes pedestrian corridor with landscaped paths, treescapes, and seating areas. · Stormwater retention basin with landscaped paths and overlooks on west side of site. · Danila Street becomes pedestrian-only corridor connected by ADA-compliant ramps and paths throughout entirety of site. How a PUD is justified with this proposal Per Sec 36-253 of City of Edina Zoning code: · sustainable design: 7250 will pursuing LEED certification; sustainable efforts include energy efficient MEP systems, reduced landscape irrigation needs through use of native/drought tolerant plantings, reduced light pollution, EV charging capacity, among other efforts. · Landscaping design creates attractive public amenities for the surrounding community; Danila Street provides a courtyard that can be utilized for accessible pedestrian access to on-site businesses during the day and then utilized for community events in the evening. The proposed storm-water basin incorporates public viewing and seating areas along with ADA accessible pathways across the site. France Ave setback becomes pedestrian corridor with landscaped paths, treescapes, and seating areas. · stormwater management: new storm-water basin has been designed to address the historically problematic storm water issues on site while also transforming it into a public amenity with overlooks, seating areas, and landscaped paths. The basin public amenity area is sunken below street level to provide a peaceful respite from the streetscape, immersed in a natural setting. · Total drainage area addressed with this design: 350,232 sf, including 43,451sf of adjacent residential lots, and 104,076sf from 7300 Gallagher. · pedestrian-oriented design: provides a human-scaled street grid by introducing Danila Street at the midpoint of the site, a pedestrian-only path with ADA-compliant ramps, stairs, benches and landscaping from France to the new North-South local street and to the new storm-water basin public nature area on the west side of the site. · transition to residential neighborhoods: by locating the buildings along the east side of site adjacent to France, the density is located away from the adjacent residential buildings. The scale of the proposed buildings is lower or similar to the previously approved PUD; proposed building heights provide a more gradual transition from the residential neighborhoods in the west to the commercial center located to the east across France Ave. How the phasing will work · Phase 1A (baseline assumption) o 7250 France: Site prep and building construction. o 7200 France (west side of site): will become open greenspace as a temporary condition until design for 7200 development is finalized. o 7200 France (east side of site): will be developed to meet anticipated stormwater needs for both parcels in their developed form with a vegetated stormwater detention basin along the west side of the site. Area designed with careful intention to become a community asset by providing an accessible and beautiful natural area with paths, overlooks, and seating. o New North-South local street: will create the north-south multi-modal connection providing direct shared vehicle and bike corridor from Gallagher to 72nd street; the north-south pedestrian connection occurs closer to the buildings in order to provide a safer, more welcoming, and ADA-compliant path than would otherwise would have been possible with the extreme grade change of the existing site. o New East-West pedestrian street – Danila St: will provide ADA-compliant path that connects pedestrian traffic from France Ave across site. Designed to become an extension of the ground level building amenities and retail with entries and seating that spill out onto the public plaza. Which phase? o France Ave frontage: will provide fully landscaped greenspace and hardscaped pedestrian plaza along the entirety of the 50’ setback fronting both 7200 and 7250. · Phase 1B o Phase 1A is ongoing. o Pending finalization of tenant types at 7250, supplementary parking for that building can be provided on existing surface lot portion of 7200. This would be a temporary condition until 7200 is developed. When the 7200 building is completed, it will provide similar quantities and distribution of parking as the 7250 building. Development of 7200 and the resulting total parking counts will meet the City of Edina’s requirements. · Phase 2 o 7200 France (east side of site): Site prep and building construction. The building at 7200 will be of similar height and size of the 7250 building. 7200 France will similarly contain enclosed parking so that the majority of parking is not visible from surrounding areas. The remaining areas of the site are to remain as developed in previous phases. Bullet point summary of how you have implemented recommendations from the sketch plan review (what changes have been made to the plans) · Address the West Promenade Street Room typology 1A: o Incorporated multi-modal local street in north-south direction - Bikes and vehicles share this street with striped bike lanes and vegetated median strip. - Due to extreme grade changes, the street itself was not determined to be appropriate location for pedestrians to share; pedestrian paths are closer to proposed buildings for safety and accessibility. o West 72 ½ street (AKA Danila Street) - Developed to become a pedestrian-only public realm and a network of accessible green spaces with art located at intersection with France. · Building scale and fenestration: o “75% of building walls to be at setback line to support creation of street room” - When considering Danila Street as “street” as defined by the applicable typologies, the proposed buildings meet this requirement. o “All building façades are prime (including parking) and must be designed accordingly. There is no back side of a building. “ - Removed grocery store from program – all facades of proposed building have been carefully considered as prime with mix of human-scaled glazing and natural materials. o “All facades on the first vertical 60 feet of a building (above grade) shall use natural materials facing the public realm.” - Natural materials have been selected for portions of all facades within first 60 feet of building above grade. o “The landscape of the West Promenade should reinforce the characteristics of the neighborhood: tree lined to make sidewalks pleasant and safe to be on, creating a green vertical street room that is always pleasant to walk down” - Danila Street connects the greater Southdale district through this site with a pedestrian-scaled greenway featuring a mix of native landscape, paths with seating, and spaces primed for community events and art installations. This path connects further west to the beautified retention basin nature area, and to the north-south accessible pedestrian path connecting 72nd Street to Gallagher. Cary: At your request, we reviewed the PUD submission for the proposed redevelopment of 7200-7250 France Avenue South based on our experience working with the Greater Southdale Work Group to craft a physical vision for how their guiding principles may translate to the built environment. The resulting vision for development in the district is to create an enhanced human experience along existing major and new connector streets, with overall experience shaped via landscape setbacks, building step backs, a hierarchy of street typologies, transparency at street level, minimizing the impact of the car, and managing storm water as an amenity. The outcome of our collaborations with the Work Group is described in the urban design chapter of the Greater Southdale District Plan and resulted in the Greater Southdale District Design Experience Guidelines (DEG). The DEG were developed with the understanding that larger sites may yield multiple blocks to be developed, potentially with infill projects that follow the initial phase of development. Every site has a program that is relevant to its own successful operations, and should stay within that footprint to ensure flexibility for future adjacent infill development. On grade parking is strongly discouraged – particularly a full block of on-grade parking. Unless all of a site’s parking and broader site infrastructure needs are addressed in the first phase of a PUD, we believe it is in the best interest of both the developer and the City for each block to be independently developed – without program needs for one site being accommodated on an adjacent one. This means that in the future there is not a conflict that would inhibit a site to be fully realized. The proposed phasing of this master plan, especially as it relates to parking, blurs this line and makes us uncertain of the site’s future flexibility. This particular site is unique in that it is influenced by four street typologies (Typology 1: Promenades and Transition Zones; Typology 2: Cornelia Overlay Zone; Typology 3: New Local Streets; Typology 5: Boulevards), which makes it more important that the development of each block be approached separately. Each façade of each block has a different role to play. And, each block has a different role to play in the larger development, the north half of this property has the retention pond; this should be a different consideration than the south half. The master plan should be clear about those distinctions, but in this case the master plan for the PUD is not clear as there is not a clear division between the two blocks. The woonerf experience illustrated in this proposal offers no transparency into buildings, but rather views of blank walls, lots of stairs, ramping, a parking access door, a typical ramped parking entry, and no pedestrian sidewalk. All we can imagine is that approach would be duplicated in the design framework for Phase 2. These elements are not in the Design Experience Guidelines for a reason. To City of Edina Cary Teague, Community Development Director 4801 W. 50th Street Edina, MN 55424 From Mic Johnson, FAIA Date August 10, 2022 Page 2 of 4 The kind of space they create is not human-centric, does not promote equity of experience, and does not encourage people to ‘come to and stay at’ a place. The following comments and questions are intended to guide clarification from the applicant as to why this is the best solution for this site, located at a very important gateway at Gallagher and France and a transition into the neighborhood to the west. Site Topography and Building Organization Throughout the report, and by example, the PUD submission itself, it is mentioned that the grades on the site are extreme. The existing topography is 10-20 feet below the level of the surrounding grades. However, when one considers Gallagher Drive (elevation 859’ per ESG drawings) and West 72nd Street (elevation 855’ per ESG drawings), and the south floor elevation of the proposed new Phase 1 entry (beginning at 857’ per ESG drawings), this represents a 3-4 foot difference across the site’s north-south axis, which stretches 560 feet—making the experience of walking around the site on West 72nd, France and Gallagher Drive a relatively flat one. The DEG goal was to use the woonerf as the fourth street that connects Gallagher to 72nd (3-4 foot difference in elevation) to make it easy and comfortable for bicycle and pedestrian use. Filling in the empty holes left by the previous buildings with below-grade parking would bring the grade of all of the building footprints up to street level, allowing that to be the starting point for vertical construction. The woonerf would be a true woonerf (ADA compliant) and would be constructed roughly at the same grade as France Avenue. The exterior car ramps, parking garage access doors, stairs, and ADA ramps shown in this proposal all seem unnecessary in a phased master plan for this site. Transition to Residential Neighborhood The DEG goal is not to move density away from the adjacent neighborhoods but to create a transition that is framed by the scale of the neighborhood. In this part of the district, one-, two-, or three-story buildings are envisioned to be fronting on a street (West Promenade), defined as a woonerf – meaning combined pedestrians, bicycles and vehicles with pedestrians having the greatest influence. New buildings on the east side of the woonerf would then be scaled to transition from the West Promenade in the form of stepbacks. In this proposal, above the proposed 24-foot first floor at the edge of the woonerf, the building could step back to the proposed final height of the building. This would comply with the spirit of the DEG and meet the characteristics of the woonerf as a transition street within the Cornelia Overlay Zone. Proposed Danila Street The DEG recognizes the space between buildings can provide more opportunities for expanding the public realm and in some cases, to introduce pedestrian-oriented streets into sites. There are other options such as woonerfs (reduced thru traffic, pedestrians and bicycles having priority) and an opportunity to create – by linking multiple blocks together – a network of pedestrian-oriented pathways throughout the district. However, in this instance, using Danila as a pedestrian-only space may create limitations in how the street network, with the addition of the West Promenade, may evolve in the future. This is discussed further under Phasing, on the following page. (Woonerfs are ADA compliant by design if they are to accommodate all residents and visitors equitably.) Proposed Stormwater Retention Basin It is unclear what the variation in the basin water level will be from day to day, or after a heavy rain event, so as an amenity it might have restrictions that would need to be clearer if it were to become a valued part of community infrastructure. We also note that the use of sunken gardens in urban settings has historically been mixed, with their location below street level leaving many people feeling unsafe for use as part of daily life. Page 3 of 4 Observations on Phasing a. Woonerfs are shared streets with pedestrians having precedence over vehicles. Generally, vehicles move through the street at approximately 5 miles per hour. The City of Edina already has an example of this type of space in the Nolen Mains development at 50th and France. The DEG’s use of woonerfs on both the East and West Promenades is to provide a physical redefinition of the street to become pedestrian and bicycle oriented, with vehicular traffic to serve new development. The woonerf becomes the primary element in organizing transition zone spaces that link the entire Southdale district from north to south. New buildings are intended to frame and characterize the woonerf as a safe pedestrian environment. They are intended to house new services that support the neighborhood, along with new commercial programs that create an experience that is shared between building occupants and residents of the adjacent neighborhoods. The ‘woonerf’ illustrated in this proposal is essentially a parking garage entry ramp with trees in the middle of the road with no pedestrian access. As it relates to PUD phasing, if Phase 1 of this proposal were to be a self-contained development as described above (i.e. not dependent on any use of the Phase 2 site to meet its program/parking needs), the south half of the woonerf would be constructed as part of Phase 1, with Danila Street completing the woonerf and providing access to below-grade parking. A future Phase 2 would complete the north half of the woonerf and share parking access to below-grade parking from Danila Street with Phase 1. b. It is unclear how the future Phase 2 will work if its site is developed initially with a 115-car surface parking lot dedicated to meet the parking requirements/program of Phase 1. Given that the construction duration for new buildings is generally 2-3 years, approximately one- third of Phase 1’s parking would be taken out of commission during that time. The DEG recommends no new on-grade parking in the district. It also intends that each building takes care of its own services, parking, etc. The hybrid approach outlined in this submission puts restrictions or a possible future covenant on development of the north parcel based on its proposed initial use as a surface parking lot. Should this 115-car surface lot be necessary to meet the required parking counts for Phase 1, it seems highly unlikely that this important gateway site into the Cornelia neighborhood would ever be developed beyond a surface lot that is more than 10 feet below the level of surrounding sidewalks. Also of note, this surface lot is accessed solely via a ramp down from 72nd Street, not from the “woonerf” roadway shown in the proposal. c. It is unclear from the information provided whether the two below-grade parking levels are interconnected within the Phase 1 building or if the access to Phase 1 parking is via the surface lot. Should the latter be the case, the construction of Phase 2 may limit access to one level of Phase 1 parking—which again, could be an impediment to future development of the site. Other details not addressed: a. A building service plan has not been discussed; no building facades or plans show service access point beyond parking access. The Design Experience Guidelines provide considerations into the how the form of buildings and width of streets impact the public realm. As it relates to buildings, important factors influencing the experience in the public realm include the transparency of walls at the ground floor, and the location of drop offs and parking entries, service vehicle access, and on-site utility equipment–all of which, if not taken into consideration at the earliest in the Page 4 of 4 sketch plan and reflected in all phases of the review process, can become unwanted surprises in the later phases of design and construction. Additional questions we would encourage the applicant and the Planning Commission/City Council to consider addressing include: On grade parking is expressly discouraged in the Design Experience Guidelines. Why does the current plan ignore this important guideline? Each building should be able to meet its own internal parking requirements and not depend on on-grade parking or district parking. Why does the current plan use on-grade parking to meet parking needs for a Medical Office Building in Phase 1? In this proposal, there is no discussion about the possibility of extending below grade parking or basements under the public realm/streets (the woonerf) as an option to expand the parking footprint without creating a surface lot. Has the applicant considered adding a level of parking above the ground floor of Phase 1 to meet all of that building’s parking requirements within its site constraints without limiting future flexibility of the north parcel? This is a common way to increase parking on a site when there are limitations to below-grade parking. District parking, as the on-grade parking implies, should be reserved for districtwide needs, not those of individual buildings. Is District Parking part of the proposal? Why does the north elevation not show the full depth of the surface parking lot below France? Why is there extensive investment being made in the North on-grade parking lot, to be removed by a future Phase 2? Why are the sites for Phase 1 and Phase 2 connected by a series of 3 ramps that descend 15 feet down from Gallagher into a surface parking lot and access to 2 levels of below grade parking before ascending back out to W. 72nd Street? We understand that Phase 2 is not designed, but it is unclear how the applicant would reach 501 parking stalls, unless they envision adding a P3 level to the Phase 2 project? In addition, based on the sections provided, it appears that Phase 2 ground floor would be constructed approximately three feet above grade on 72nd Street. Why is the roadway not a woonerf as described in the DEG for the West Promenade? Why are there no provisions for pedestrians on the proposed west roadway – only bicycles and cars? Is the road there to only provide access to the Phase 1 below grade parking and on grade parking and (potential) Phase 2 below-grade parking? What is the strategy for building services – loading dock, garbage and recycling, medical wastes (assuming a medical office building), access from the public realm, etc.? Thank you for the opportunity to review. Please let me know if you have any questions. Mic EdinaMN.gov 2 Site Site EdinaMN.gov 3 Site INFILTRATION BASIN #1 SIDEWALKEASEMENT, TYP.DROP OFF AREAXref C:\Users\jcoryell\AppData\Roaming\Autodesk\AutoCAD 2022\R24.1\enu\XCompareBackup\ARCH\2022-06-23\22-0622 7250 Phase 1 Site Plan Export.dwg I A A A A AA A A A A A A A A A A A A B B B B B B B B B BB B B B B B C C C C D D D D E E E E E E F F B F F F G G G G G G G G H H J J J J KK D L L L L L L L L A A B A WALK C RETAINING WALL D E F BENCH FEATURES G WASTE AND RECYCLING H BIKE RACKS I J SCULPTURAL/ ART MOMENT PLAN KEYNOTES: B PLANTING BED K STAIR W/HANDRAILS L SIGNAGE TABLE AND CHAIRS NATIVE VEGETATION / SEED DECORATIVE PAVING / ROCK MATERIAL ENTRY MOTORCOURT FUTURE DEVELOPMENT 7200 FUTUREMOTORCOURT OVERLOOKFEATURE PUBLICART /ELEMENTCOURTYARD LANDSCAPE SITE PLAN01L1.0 20'40'10'0' SCALE:1"=20'L1.0 LANDSCAPE SITE PLAN Signature Typed or Printed Name License # Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLAN I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota 22113 JC TM 7200-7250 7200-7250 France AvenueSouth, Edina, MN No. Description Date P.U.D.SUBMISSION 08/12/2022 LANDSCAPE ARCHITECT530 N THIRD ST, SUITE 120,MINNEAPOLIS, MN 55102PH: 612.333.3702 FAX: 515.288.8359www.thinkconfluence.com INFILTRATION BASIN 7250DEVELOPMENT COURTYARD COURTYARD Survey Response Public Hearing Comments- 7200 and 7250 France Better Together Edina Project: Public Hearing: 7200 and 7250 France Avenue VISITORS 35 CONTRIBUTORS 10 RESPONSES 10 1 Registered 0 Unverified 9 Anonymous 1 Registered 0 Unverified 9 Anonymous Respondent No:1 Login:Anonymous Email:n/a Responded At:Aug 22, 2022 14:42:55 pm Last Seen:Aug 22, 2022 14:42:55 pm IP Address:n/a Q1.First and Last Name Melinda Emerson Q2.Address 7124 Heatherton Trl Q3.Comment I don't understand why they are putting surface area parking at 7200 if it won't be there long term and there is ramp parking available. We should be avoiding traffic on 72nd. Make it a wild flower garden for now. Respondent No:2 Login:Anonymous Email:n/a Responded At:Aug 29, 2022 09:00:38 am Last Seen:Aug 29, 2022 09:00:38 am IP Address:n/a Q1.First and Last Name robert and linda carlson Q2.Address 5250 grandview sq. unit 2105 edina mn 55436 Q3.Comment This proposal is a great use of the property -. It provides much needed residential and office needs in this location.. It is proposed by a quallty developer who has recently completed other successful projects within the City. He has proven his word is his bond. His developments have todays look and quality above the norm. Suggest this be expedited in a timely manner. Consternation of any kind should be limited. Thanks for the opportunity to respond. Live in Edina for 12 years. Respondent No:3 Login:Anonymous Email:n/a Responded At:Sep 01, 2022 06:57:40 am Last Seen:Sep 01, 2022 06:57:40 am IP Address:n/a Q1.First and Last Name Linda Carlson Q2.Address 5250 Grandview Square, #2105, Edina. 55436 Q3.Comment I think this proposal is perfect for that location. The developer has an excellent history in our wonderful city and can be relied upon to do an outstanding job on a timely basis. We would hope the city grants approval without much consternation. The sooner that building is completed the better. Respondent No:4 Login:Anonymous Email:n/a Responded At:Sep 12, 2022 09:00:02 am Last Seen:Sep 12, 2022 09:00:02 am IP Address:n/a Q1.First and Last Name Lorenzo Bassi Q2.Address 6337 Mildred Avenue, Edina, MN 55439 Q3.Comment This looks like a great project, and one that would help the area thrive. I believe the idea of having both an office building and a quality apartment/retail complex in that space is a very good one. I look forward to seeing this project come to life. Regards, Lorenzo Bassi Respondent No:5 Login:Anonymous Email:n/a Responded At:Sep 12, 2022 11:30:26 am Last Seen:Sep 12, 2022 11:30:26 am IP Address:n/a Q1.First and Last Name Angela Chapman Q2.Address 5509 Parkwood lane Q3.Comment I am very excited to hear more about the building project at 7200 and 7250 France Ave EDINA. From what I have seen so far I think it will be an amazing improvement for that area! I am definitely for job creation and supporting ways to improve EDINA. I cant wait for the new buildings! Respondent No:6 Login:Stein Email:rstein8@msn.com Responded At:Sep 14, 2022 07:17:45 am Last Seen:Sep 14, 2022 14:08:35 pm IP Address:24.118.224.147 Q1.First and Last Name Richard Stein Q2.Address 7016 Bristol Blvd Q3.Comment What is expected Traffic plan? How will traffic to and from this building be managed/suppressed on 72 Street west of this building. How will maintenance noise from the building/parking areas be managed after hours to minimize impact on surrounding neighborhoods? How will ongoing heating/cooling noise of the building be suppressed to minimize impact on neighborhood. Is cut-through traffic expected on the property? Respondent No:7 Login:Anonymous Email:n/a Responded At:Sep 14, 2022 07:43:00 am Last Seen:Sep 14, 2022 07:43:00 am IP Address:n/a Q1.First and Last Name Lindsey Bowen Q2.Address 6512 Parkwood Road Q3.Comment What a wonderful development opportunity and addition to the Edina area. I have been to the current buildings before and it’s time to replace them with these new buildings and parking structures. I support this! Respondent No:8 Login:Anonymous Email:n/a Responded At:Sep 14, 2022 07:45:45 am Last Seen:Sep 14, 2022 07:45:45 am IP Address:n/a Q1.First and Last Name Zack Bowen Q2.Address 6512 Parkwood Road Q3.Comment This project would bring a much needed "face lift" to the dilapidated structure currently in existence. The design proposal is modern and focused on sustainability with hidden parking and storm water management. It would create more jobs in our city and I appreciate the inclusion of the pedestrian and bike connectivity which shows consideration for the broader community. I support this project. Respondent No:9 Login:Anonymous Email:n/a Responded At:Sep 14, 2022 08:57:05 am Last Seen:Sep 14, 2022 08:57:05 am IP Address:n/a Q1.First and Last Name Steve Brown Q2.Address 5524 Mirror Lakes Drive Q3.Comment I am a life long resident of the City of Edina and have a personal residence on Bristol Circle which is directly adjacent to this development. I was an Edina Planning Commission Member for 11 years, as well as a appointed by the City Council to be a member of the 2018 Comprehensive Plan Committee that studied the Greater Southdale Area. Last, I was the appointed to Chair the West 70th Street I know this site and the proposed project intimately and am familiar with the various challenges and considerations that those that have evaluated it for redevelopment have had to address taking into account market conditions, the Cornelia neighborhood, the storm water issues, and the City of Edina's updated Comprehensive Plan. I am supportive of this project for a variety of reasons -Job creation - Revitalize a blighted corner - Pedestrian and bike connectivity - Stormwater management for a large area - Parking hidden underground - Sustainable and modern design Respondent No:10 Login:Anonymous Email:n/a Responded At:Sep 14, 2022 12:34:40 pm Last Seen:Sep 14, 2022 12:34:40 pm IP Address:n/a Q1.First and Last Name Jenifer Kent - Lund Real Estate Holdings Q2.Address 4100 West 50th Street Edina, MN, 55424 Q3.Comment Our major concern in regards to a development of this size is the dramatic change in the traffic at this intersection. We would ask that there be a traffic study to understand how the new PUD request would alter the traffic flow with new housing and retail. Also, we would ask that the parking of the site be addressed. Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue Height Diagram Comparison Height Diagram - CurrentEdina, MN November 7, 2018 17-124.01 7200 - 7250 France Avenue Height Diagram 56' 56' 45'-5" 24'-5" 24'-5" 14' 14' 67'-5" 24'-5" 56' 24' 56'45'-5" 67'-5" 56' APPARENT HEIGHT 65'-5" DUE TO FIRST LEVEL BEING 2' BELOW FRANCE AVE AND GALLAGHER DR. Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue North East View •6th Floor @ 67’-5” •Full step back on 6th floor •Stone on street level •Brick added on upper levels CITY COUNCIL MEETING, DECEMBER 4TH 56'-0" 67'-5" 56'-0" 67'-5" 56'-0" Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue South East View •6th Floor @ 67’-5” •Full step back on 6th floor •Stone on street level •Brick added on upper levels CITY COUNCIL MEETING, DECEMBER 4TH 56'-0" 67'-5" 56'-0" 67'-5" 56'-0" Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue •6th Floor @ 67’-5” •Full step back on 6th floor •Stone on street level •partial Brick on upper levels South West View CITY COUNCIL MEETING, DECEMBER 4TH 67'-5" 67'-5" 67'-5" 56'-0" 56'-0" 56'-0" 56'-0" Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue •6th Floor @ 67’-5” •Full step back on 6th floor •Stone on street level •Brick added on upper levels North West View 67'-5" 67'-5" 67'-5" 67'-5" 56'-0" 56'-0" CITY COUNCIL MEETING, DECEMBER 4TH Edina, MN December 4, 2018 17-124.01 7200 - 7250 France Avenue South East View •6th Floor @ 67’-5” •Full step back on 6th floor •Stone on street level •Brick added on upper levels CITY COUNCIL MEETING, DECEMBER 4TH Greater Southdale District Design Experience Guidelines March 5, 2019 Greater Southdale District | Design Experience Guidelines March 5, 2019 page c APreface What are Design Experience Guidelines? Greater Southdale District | Design Experience Guidelines March 5, 2019 page A1 For nearly four years, a Work Group comprised of Edina residents and business leaders contemplated the future evolution of the Greater Southdale District, using the notion of “experience” as the foundational element from which to shape the district over the next 50 years. The first phase of the Work Group’s efforts consisted of developing Working Principles that would guide the group’s efforts into subsequent stages as well as suggest a dialog for considering new introductions within the district. Phase Two translated these principles into an urban design framework plan that proposed enhanced connections across existing major streets, introduced a new block framework to encourage walkability, and posed design strategies to create an improved public realm and promote higher quality, pedestrian-oriented development. The broader experience the urban design framework strives to achieve is the creation of a Greater Southdale District that connects seamlessly between the existing urban and residential fabric, maximizes the development potential of each site, enhances walkability and livability, and encourages interaction among current and future residents, businesses, and institutions. The urban design framework is the foundation to the Greater Southdale District Plan, a part of the City of Edina 2018 Comprehensive Plan. The Greater Southdale District Design Experience Guidelines is a companion to those documents, outlining high-level planning and design strategies for public realm, site, and building design supporting the desired experience outcomes. The Design Experience Guidelines sets baseline guidance for developers, designers, City of Edina staff, Planning Commissioners and members of the City Council when proposing, designing or evaluating proposed introductions within the Greater Southdale District. Use of the Design Experience Guidelines The Design Experience Guidelines apply to proposed development within the Greater Southdale District and former Pentagon Park, and should be referred to when embarking on new development or redevelopment. The Design Experience Guidelines also offer direction for new public realm features and the reimagining of existing public infrastructure. The document does not stand alone; it must be considered as part of a larger set of district goals, urban design framework and patterns, and policy guidance outlined in the Greater Southdale District Plan and the 2018 City of Edina Comprehensive Plan. Together, these documents set forth A. Preface What are Design Experience Guidelines? Greater Southdale District | Design Experience Guidelines March 5, 2019 page A2 City expectations for the future form of the Greater Southdale District, and inform all potential projects within the district. The Design Experience Guidelines are not a substitute for City of Edina zoning codes and ordinances, but instead provide substantial background for developers and design teams and a framework from which to approach proposed projects within the district. The Design Experience Guidelines clarify the dimensional characteristics of eight different Street Room typologies that together form the experience within the district. The physical qualities of each street room’s height and width, and shaped by the architecture of the district, informs the design of the public realm on streets that connect and bind the human experience of the district. These physical characteristics also shape the experience of transition – transitions from existing single-family neighborhoods and transitions into and out of the district, outlining gradual changes in building scale within these critical transition areas to bridge between one- and two-story residences and the greater intensity of the Greater Southdale District. In conjunction with the Urban Design chapter of the Greater Southdale District Plan, this document provides both a philosophical and practical framework to facilitate discussion among the City, development teams, and the community when considering proposals for change within the district. During the recommended Sketch Plan review process (described on page 70 of the Greater Southdale District Plan), the Design Experience Guidelines are intended to facilitate dialog about broader district goals, patterns and connections, building massing, programmatic opportunities and shared public realm connectivity. Dialog at this point in the review of a proposal requires imagination, looking beyond the immediate site to imagine the creation of a consistently positive human experience, requiring a proposal to recognize the ways in which it influences that experience on adjacent and nearby sites. Once a proposal progresses beyond the Sketch Plan, the document is used as a test of outcomes and touchstone to measure how every proposal meets the desired district experience. Further specific design details related to landscaping, curb and intersection design, stormwater management and daylighting, lighting standards, street furniture, and a host of other factors related to the experience of the district will be described in future versions of this or a similar document as the need for direction related to those features becomes better understood. Greater Southdale District | Design Experience Guidelines March 5, 2019 page 2 2 The Vision Aspirations for the Greater Southdale District Greater Southdale District | Design Experience Guidelines March 5, 2019 page 3 Background and Context Collectively, for nearly four years, the Greater Southdale Area Work Group has focused on building upon our community’s history of innovation, engagement and community commitment to create a vision for the possibilities of the Greater Southdale District. This work has culminated in the Greater Southdale District Plan (adopted December 2018) and the Greater Southdale District Design Experience Guidelines. Change is inevitable within the district. In the past five years alone, over 1,500 new housing units have been constructed or are underway, along with myriad other commercial projects. This is a tremendous opportunity in time, and in the broader evolution of our community. We can transform the physical environment of the Greater Southdale District from a traditional car-oriented suburban commercial district with its sea of surface parking lots and ‘superblocks,’ into a vibrant place whose character is neither urban nor suburban, but blends the best characteristics of both to create a place that is uniquely of Edina. This new model will support all modes of transportation (cars, buses, bikes, scooters, and pedestrians) and serve future generations of Edina residents, employers, and visitors. It will complement, not compete with, the single family neighborhoods that have historically defined much of the community’s fabric. Within the broader 750+ acre Greater Southdale District, and the former Pentagon Park, there exist a remarkable variety of assets. This plan connects those assets with a new street grid that overlays a human scale and allows access via a variety of transportation options. The plan sets forth a strategy to bridge between adjacent single family neighborhoods and the more commercially focused areas of the district. And, it uses public realm infrastructure— including parks, plazas, green streets, woonerfs, and waterways that manage stormwater—as the connective tissue that gives the district its unique identity. Together, these attributes will set the stage for a remarkable daily experience for those who live, work and play within the Greater Southdale District. Aspirations for the Future Greater Southdale District The Greater Southdale Work Group summarized the overall districtwide vision and land use strategies as part of the District Plan. These aspirations, which follow, are at the foundation of design policy parameters and the overall experience we are striving to shape as the Greater Southdale Area evolves over the next 50 years. 1. Imagine Greater Southdale District evolution organized around human activity, with vibrant pedestrian-focused streets, beautiful parks and public spaces, and endearing and enduring buildings where: • A sense of invention is expected from new introductions, both public and private, that build on the district’s spirit of innovation. • Its role as regional and local center for living, shopping, working, learning, entertainment, hospitality, and medical services is enhanced. • Other Edina neighborhoods, near and distant, benefit from investment in the district and the evolution of each parcel. • Investment in the public realm is reflected by a commensurate investment as private parcels evolve. • Public and civic services accommodate a growing and diverse district and community population. • Transitions at the district’s edges recognize compatible use and scale and neighboring uses are perpetuated on their terms. 2. The Vision The Greater Southdale District Experience Greater Southdale District | Design Experience Guidelines March 5, 2019 page 4 2. Make the Greater Southdale District the model of healthy urban living where: • The district’s form encourages healthy living habits, particularly through walking. • The design of buildings and spaces, both public and private, attract the widest possible range of the district’s population. • Storm water is a valued resource by making it part of the experience of the district. • Emissions and pollutants are mitigated through the introduction of significant tree canopy and limiting idling vehicles on streets, creating a more inviting walking experience along the district’s streets. • Sustainable solutions result in a stock of healthy buildings that compel healthy activity for their occupants. • Public features mitigate impacts of non-local infrastructure, especially to contain the ill effects of adjacent highways. 3. Invent sustainable infrastructure matching the district’s sense of innovation where: • Mutually-supportive and forward-looking infrastructure is the norm, looking beyond baseline utilitarian functions of a single site to create a broadly supportive district infrastructure. • Infrastructure aligns with the creation of public space in the district, sharing space and resources that result in compelling, attractive and high-functioning civic spaces. • Care for and perpetuation of public infrastructure anticipates daily human activity in all seasons. 4. Create neighborhoods of activity within the broader mixed-use patterns of the district where: • Logical boundaries based on reasonable walking distances are established, with major streets as seams binding the activity of each side into an inviting and accessible public space. • Focal points of public activity are found within each neighborhood. • Key community services and facilities are present and help define the fabric of the District. • Core services are delivered within each neighborhood or in an adjacent neighborhood. • Neighborhoods are linked along street and park corridors highlighted by visible human activity. 5. Offer a spectrum of living opportunities integrated through the district where: • Housing orients to a variety of income levels and household types. • Ownership options constitute a significant portion of the living opportunities in the area. • “Missing Middle” living opportunities (duplexes, triplexes, side-by-side or stacked townhouses, rowhouses with multiple units, and small buildings with four to six apartments) allow a broader range of Edina residents, workforce members and others to consider relocating to the District. • Buildings for living strongly orient to the public spaces of each neighborhood within the District. 6. Expand significantly the number and extent of parks and public spaces where: • Opportunities for the introduction of another large signature public space complement the programming and activities available at Centennial Lakes. • An extension of the Promenade to Strachauer Park links neighbors and activity to the district. • New promenades on the East and West edges of the District create movement corridors for pedestrians and bicyclists and serve as vital places for a transition between neighborhoods and the District. • Parks and publicly accessible spaces are clearly visible and directly accessible from the public realm. • Spaces for visible human activity and occupation, either public or publicly accessible, occur on every block. Greater Southdale District | Design Experience Guidelines March 5, 2019 page 5 7. Encourage district evolution based on incremental change and the creation of a great pedestrian experience where: • A basic framework of streets and blocks encourages pedestrian activity and well-considered buildings. • A rich variety of public or publicly accessible spaces are woven into the experience of the district. • Sites and buildings support a pedestrian experience first, with storage of cars not a focus. • Development on each site links to adjacent streets and to neighboring sites to create continuous, safe, and inviting pedestrian experiences. 8. Build (or plan for) a street network encouraging pedestrian movement across and through the district where: • Walkable block lengths (200 feet) are the baseline framework for development. • Enhanced and more frequent street crossings facilitates pedestrian movement. • Wide landscaped boulevards encourage pedestrian activity and create a distinct district signature. • Community corridors within and extending well beyond the district enhance bicycle and pedestrian access while accommodating vehicle traffic on pedestrian terms. 9. Imagine transportation in the district where: • Cars are not the focus and streets accommodate more than vehicles. • Major streets balance access and mobility. • Some streets serve as community corridors, linking to other community destinations with features that allow for movement in addition to cars. • Transit is a baseline service, both within the district and to non-Edina locations. • Transportation recognizes trends, including autonomous vehicles and a time when parking structures aren’t needed for public parking 10. Expect the delivery of high quality, well-designed buildings and sites where: • Spaces on sites are considered for people first, including connections between sites; then the ways structures are placed; and then places to store cars are found. • Visible human activity is prominent and integrated at every site. • People are brought to the streets via major building entries oriented to major streets. • Storm water remains visible as an amenity, allowing it to become a central part of the experience of each site. 11. Frame development guidance for evolution where: • Development review includes the desired experience, not solely quantitative thresholds. • Accommodation of adjacent and near parcels are considered in the evolution of a single parcel. • Early reviews focus on ideas, patterns and relationships, not specific and engineered plans, with that part of the review process based in dialog, not presentation and reaction. • Demonstrations of quality and especially quality from a long-term perspective are baseline considerations. • Collaboration leads to a superior result, with the community’s expectations clearly framed as part of the deliberation. • Flexibility is not a right, but rather the natural by-product of a fair exchange for benefits, collaboration, and quality in development. Greater Southdale District | Design Experience Guidelines March 5, 2019 page 18 STREET ROOM TYPOLOGIES A hierarchy of streets and pathways within the district is the framework for public realm development and related building form. Each street across the district has a role in how it serves pedestrians, bicycles and vehicles in connecting sub-districts, adjacent single family neighborhoods, and the overall Greater Southdale District and creating a unified sense of place. It is the intent that street typologies define the public realm experience: the space between buildings, dimensions of building setbacks from the street, heights of facades at the building face at the street and building step backs, where the façade of the building steps back from the volume of the street room. Street Room Typology 1: Promenades and Transition Zones Promenades are new woonerf-type streets on the west side of France Avenue and on the east side of York Avenue. Within this typology, there are several different variations for new building development in these important transition zones, responding to and respecting the context of adjacent single family neighborhoods. Street Room Typology 2: Cornelia Overlay Zone With the understanding that there is special sensitivity related to new building development near the Cornelia neighborhood, this is a special zone governing the design of the public realm/street room on the east side of France Avenue between the north side of 69th Street and Gallagher Drive. Buildings within this zone will be expected to maintain the east side of the France Avenue street room, but will be of a lower overall scale than new Transition Zones 1A West Promenade 1B West Promenade (South) 1C East Promenade 2 Cornelia Overlay 3 New Local Streets 4 Primary East-West Streets 5 Boulevards 6 Central Promenade Spine 66TH STREETVALLEY VIEW RD.66TH STREET69TH STREET70TH STREETHAZELTON RD.GALLAGHER DRPARKLAWN AVE76TH STREET77TH STREETMINNESOTA DR72ND STREETEDINBOROUGH WAY YORK AVENUE FRANCE AVENUE XERXES AVENUE BARRIE RD78TH STREETN Greater Southdale District | Design Experience Guidelines March 5, 2019 page 20 The sub-district to the west side of France between 69th and Parklawn is a unique transition zone within the Greater Southdale District. Any proposed developments within this zone should be approached with special sensitivity. This means that the street experience within that zone should be perceived as connected to the Cornelia neighborhood through landscaping and trees, and buildings that gradually transition in both height and function and use between lower intensity neighborhoods to the more commercially-focused district on the east side of France Avenue. The West Promenade, a new north-south pedestrian, bike and vehicle street/woonerf that accommodates service access, is envisioned between France Avenue and the Cornelia neighborhood. This new shared street is intended to provide service access to new developments along France (keeping vehicular traffic out of single family neighborhoods), and providing a new framework to support the transition from townhouses and lower-scale residential buildings on the west side of the West Promenade, to slightly taller buildings on the east side of the West Promenade. Street Room Typology 1A West Promenade / Transition to Cornelia Neighborhood Transition Zones 1A West Promenade 1B West Promenade (South) 1C East Promenade 2 Cornelia Overlay 3 New Local Streets 4 Primary East-West Streets 5 Boulevards 6Central Promenade Spine NPARKLAWN AVE.76TH STREETMINNESOTA DR.GALLAGHER DR.72ND STREETHAZELTON RD.70TH STREET69TH STREET66TH STREET65TH STREETFRANCE AVE. YORK AVE. VALLEY VIEW RD. BARRIE RD. XERXES AVE. EDINBOROUGH WAY77TH STREET78TH STREET Greater Southdale District | Design Experience Guidelines March 5, 2019 page 21 Dimensional Characteristics of Street Room Typology 1A West Promenade / Transition to Cornelia Neighborhood As illustrated in the section above, within this transition zone, building heights will step up incrementally, from those that are adjacent to single family homes to those that are facing France Avenue to provide a more gradual transition from the residential neighborhood to the more commercially-oriented Southdale District. The street room experience within Typology 1A will be shaped by the following experience guidelines: • New buildings that are adjacent to single family residential properties, on the west side of the West Promenade, should not exceed 36 feet in height. Townhomes are the preferred residential typology in this area of the transition zone. • All ground level space east of the West Promenade should have 20-foot floor-to-floor height. This dimension allows for flexibility to accommodate one level of retail space along the street, or two-story townhomes facing the West Promenade. • All parking, other than short-term retail or guest parking, and building services need to be located below grade or hidden within the building. If on ground level or above, parking and/or building services must be surrounded on all sides by program space such as commercial or housing. • On the east side of the West Promenade, building faces should not exceed 50’ in height. Any height above that limit should step back 20 feet from the facade of the building. • On France Avenue, a 50 foot setback is required from curb to face of building with a maximum building height of 60 feet. • On individual developments, should the City choose to permit height above the 60-foot height limit, it is recommended that additional height above 60 feet step back from the face of the building by a minimum of 10 feet in depth and 12 feet in height. Street Typologies West Promenade Transition to the Cornelia Neighborhood A “Woonerf” reallocates the public right-of-way to create a place for people and plantings while accommodating slow-moving vehicles. The street is elevated so it is flush with the sidewalk, allowing for a continuous walking surface. When the street is closed for public events such as a festival, the area becomes a public plaza. The proposed building setbacks and building step-backs are intended to create a gradual transition in use and scale from the existing Cornelia Neighborhood on the west to France Avenue to the east. Between a transitional Street “Woonerf” is used as both a collector for neighborhood needs and a barrier against additional vehicular traffic flowing into the neighborhood. This street-park hybrid is considered as public open space and needs to be programmed. With a perpetual festival permit in place, the street becomes a venue for community events such as salsa dancing, a wine crush or a pop-up playground. Within the district it is the intention to define a series of street rooms each having their own characteristics and connections to the existing neighborhoods and other parts of the district to enhance the experience of the pedestrian creating both a sense of place and safe environment to be in. The West Promenade is intended to be a pedestrian and bicycle collector between the existing residential neighborhood. A1 Traffic Lanes 50 Foot Setback France Avenue 50 Feet West Promenade “Woonerf” (60’ wide Street) Single Family ResidenceTownhouses 36 Feet maximum 20 Foot Step Back Mixed Use Buildings 60 Feet Maximum Neighborhood Street 15 Foot Front Yard Setback60 Feet Maximum Greater Southdale District | Design Experience Guidelines March 5, 2019 page 22 Street Room Typology 1B West Promenade Between Parklawn and Minnesota Drive South of the zone designated as Street Room Typology 1A (where the Cornelia transition area immediately abuts single family neighborhoods), the Street Room experience shifts to respond to its changing context. It becomes one that is more commercial in nature and in concert with the expected higher intensity in the southwest quadrant the Greater Southdale District. As the West Promenade extends south into Typology 1B, it continues to serve pedestrian, vehicular and service access. Uniform building heights on each side of the West Promenade are intended to support the transition from existing multi-family housing to taller buildings at the south end of France Avenue near the gateway from 494. Transition Zones 1A West Promenade 1B West Promenade (South) 1C East Promenade 2 Cornelia Overlay 3 New Local Streets 4 Primary East-West Streets 5 Boulevards 6Central Promenade Spine NPARKLAWN AVE.76TH STREETMINNESOTA DR.GALLAGHER DR.72ND STREETHAZELTON RD.70TH STREET69TH STREET66TH STREET65TH STREETFRANCE AVE. YORK AVE. VALLEY VIEW RD. BARRIE RD. XERXES AVE. EDINBOROUGH WAY77TH STREET78TH STREET Greater Southdale District | Design Experience Guidelines March 5, 2019 page 23 Dimensional Characteristics of Street Room Typology 1B West Side of France Between Parklawn and Minnesota Drive Within this zone, existing buildings are more commercial in nature and do not immediately abut single family neighborhoods. This unique condition lends itself to new development along the West Promenade that is still lower in scale, without the preference for townhomes or smaller scale buildings along one edge, as in Typology 1A. The street room experience within Typology 1B will be shaped by the following experience guidelines: • Building faces at the West Promenade within Typology 1B shall not exceed 50 feet in height. Any height above that limit should step back 20 feet from the facade of the building. • All street level space shall be 20 feet, floor-to-floor in height. This dimension allows for flexibility for retail space (on France) and two-story townhomes facing the West Promenade. • All parking, other than short-term retail or guest parking, and building services need to be located below grade or hidden within the building. If on ground level or above, parking and/or building services must be surrounded on all sides by program space such as commercial or housing. • Building faces on the east side of the West Promenade are intended to provide continuity in scale and experience from Street Room Typology 1A and from one side of the street to another. West Promenade“Woonerf”(60’ wide Street) 20 Foot Step Back 50 Feet 20 Foot Step Back Street TypologiesWest Promenade A2 A “Woonerf” reallocates the public right-of-way to create a place for people and plantings while accommodating slow- moving vehicles. The street is elevated so it is flush with the sidewalk, allowing for a continuous walking surface. When the street is closed for public events such as a festival, the area becomes a public plaza. This street-park hybrid is considered as public open space and needs to be programmed. With a perpetual festival permit in place, the street becomes a venue for community events such as salsa dancing, a wine crush or a pop-up playground. 60 Feet 105 Feet 20 Foot Step Back 2 Foot Step Back Traffic Lanes 50 Foot Setback France Avenue 60 FeetMaximum Greater Southdale District | Design Experience Guidelines March 5, 2019 page 32 Street Room Typology 5 The Boulevards Streets that are included in this typology include the primary district boulevards such as France Avenue, York Avenue, W 66th Street and W 77th Street. In addition to being the widest streets in the district, they also currently carry a high volume of vehicular traffic. The intent of this typology is to create streets that connect the Greater Southdale District to the larger Edina community. These commercially-focused streets will reinforce the district’s unique role in serving Edina’s neighborhoods, while at the same time, recognizing that the district has a role in the broader metropolitan region—providing employment, health, retail, entertainment, and a wide range of housing options. The streets that fall into Typology 5 will have the greatest impact in conveying the overall identity of the district, with wide, multi-use streetscapes lined with a double row of trees within a consistent 50-foot setback. Medians may also be present in the boulevard streetscape to accommodate plantings and/or mass transit lines and stations. In many cases, boulevards will be adjacent to the tallest buildings in the district and will be the locations for transit stops. Transition Zones 1A West Promenade 1B West Promenade (South) 1C East Promenade 2 Cornelia Overlay 3 New Local Streets 4 Primary East-West Streets 5 Boulevards 6Central Promenade Spine NPARKLAWN AVE.76TH STREETMINNESOTA DR.GALLAGHER DR.72ND STREETHAZELTON RD.70TH STREET69TH STREET66TH STREET65TH STREETFRANCE AVE. YORK AVE. VALLEY VIEW RD. BARRIE RD. XERXES AVE. EDINBOROUGH WAY77TH STREET78TH STREET Greater Southdale District | Design Experience Guidelines March 5, 2019 page 33 Dimensional Characteristics of Street Room Typology 5 The Boulevards On these wide streets, a sense of scale is maintained by creating a uniform street wall of 60 feet, with taller structures stepping back from this 60-foot datum. This consistency in building heights along the street will form the edge of the street room—bridging between lower intensity and transitional areas, and the higher intensity zones within the Greater Southdale District. The street room experience within Typology 5 will be shaped by the following experience guidelines: • On France Avenue, a 50 foot setback is required from curb to face of building with a minimum building height of 60 feet (diagram at left). Above that 60 foot height, the building face should step back two feet to create a cornice line, and can then extend to 105 feet. Above 105 feet, building faces must step back an additional 10 feet (as illustrated in diagram at right, above.) • Building podiums along these streets need to maintain as closely as possible the 60-foot height limit while still adhering to the guidance of 75% of building face at the setback line to create the fundamental experience of the street room. • All parking, other than short-term retail or guest parking, and building services need to be located below grade or hidden within the building. If on ground level or above, parking and/or building services must be surrounded on all sides by program space such as commercial or housing. • Parking and building services should not be accessed via these streets. • Incorporate 10- to 12-foot wide sidewalks that create opportunities for gathering, outdoor cafes, pavilions, etc. • Within the 50-foot setback, trees should be planted in a double row to add a strong canopy for pedestrian activity. Street Typologies Boulevards France Avenue, York Avenue, W 66th Streetand W 76th and W 77th: multi-modal thoroughfares within the Greater Southdale District. They have wide, multi-use streetscapes lined with a double row of trees. Medians may also be present in the Boulevard streetscape to accommodate plantings as well as mass transit lines and stations. In many cases, Boulevards will be adjacent to the tallest buildings in the district and will be the locations for transit stops. D A 50 feet setback is required from curb to face of building with minimum building height of 60 feet with a maximum building height of 105 feet. Any part of the building above 105 feet requires a 20 foot step back. Preferred building materials: Concrete, steel or heavy timber structural frame. 60 Feet 105 Feet 10 Foot Step Back 2Foot Step Back Traffic Lanes50 Foot Setback France AvenueFrance Avenue 60 Feet Traffic Lanes50 Foot Setback Greater Southdale District | Design Experience Guidelines March 5, 2019 page 36 5 Implementing and Measuring the Guidance Ten Things to Remember Greater Southdale District | Design Experience Guidelines March 5, 2019 page 37 1. Every new development begins with the 200’ x 200’ block, or some variation based on context. 2. Every block or building in a development will need streets to connect between buildings. Not all of these streets will need to accommodate vehicles, providing the opportunity for parks, plazas or courtyards—important parts of the public realm. 3. Buildings will not be greater than 200 feet in length, thereby minimizing the negative impact continuous walls can have on a comfortable pedestrian experience. 4. All streets are not equal. The plan outlines a hierarchy that is driven by the kind of experiences that are expected on these streets and how they facilitate an enlivened public realm. 5. Designated transition zones are about maintaining the quality of life in these areas without restricting growth in other parts of the district. 6. Promenades and East-West Streets are the bridge between single family neighborhoods, such as the Cornelia neighborhood of Edina and the west side of Richfield, to more intense parts of the district. 7. Street Rooms will intersect and overlap each other in many circumstances. At these intersections, lower building heights should prevail, giving the smaller scaled building precedence over larger scale buildings. 8. Building footprints above 60 feet in height are limited to 12,000 SF for residential uses, and 24,000 SF for commercial. 9. Within the first 60 vertical feet of a building, primary materials systems that are more traditional like brick, stone, glass wall systems are preferred. Above 60 feet, other materials such as metal wall systems within a larger curtainwall system, can be introduced. These baseline parameters should not be a deterrent to architectural innovation but rather are intended to serve as a measure of quality and continuity throughout the district 10. Transparency at the ground level facing the public realm is key to the individual experience and is a catalyst for how to activate and maintain a community-based approach to daily life and experience. 5. Implementing and Measuring the Guidance Ten Things to Remember File #227705245 September 8, 2022 DRAFT Prepared by: Stantec Consulting Services Inc. 1800 Pioneer Creek Center Maple Plain, MN 55359 Phone: 7963-479-4200 Fax: 763-479-4242 Prepared for: City of Edina 4801 W. 50th Street Edina, MN 55424 Traffic and Parking Study for 7200 and 7250 France Avenue in Edina, MN September 2022 i DRAFT Table of Contents TABLE OF CONTENTS ..................................................................................... I 1.0 EXECUTIVE SUMMARY ...................................................................... 1-1 2.0 PURPOSE AND BACKGROUND ........................................................... 2-1 3.0 EXISTING CONDITIONS .................................................................... 3-1 4.0 TRAFFIC FORECASTS ........................................................................ 4-1 5.0 TRAFFIC ANALYSIS ........................................................................... 5-1 6.0 PARKING ANALYSIS ......................................................................... 6-1 7.0 CONCLUSIONS AND RECOMMENDATIONS ......................................... 7-1 8.0 APPENDIX ........................................................................................ 8-1 FIGURES FIGURE 1 PROJECT LOCATION .................................................................. 2-2 FIGURE 2 SITE PLAN ................................................................................ 2-3 FIGURE 3 EXISTING CONDITIONS ............................................................. 3-3 FIGURE 4 WEEKDAY AM PEAK HOUR VOLUMES .......................................... 4-3 FIGURE 5 WEEKDAY PM PEAK HOUR VOLUMES............................................ 4-4 FIGURE 6 WEEKDAY AM PEAK HOUR LEVEL OF SERVICE ............................. 5-5 FIGURE 7 WEEKDAY PM PEAK HOUR LEVEL OF SERVICE ............................... 5-6 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. __________________________________ DATE: September 8, 2022 Edward F. Terhaar License No. 24441 September 2022 1-1 DRAFT 1.0 Executive Summary The purpose of this Traffic and Parking Study is to evaluate the traffic impacts of the proposed new mixed use development located at 7200 and 7250 France Avenue in Edina, MN. The project site is located on the west side of France Avenue between Gallagher Drive and 72nd Street. The proposed project location is currently occupied by two vacant office buildings, a parking structure, and surface parking. This study examined weekday a.m. and p.m. peak hour traffic impacts of the proposed redevelopment at the following intersections: • France Avenue/70th Street • France Avenue/Hazelton Road • France Avenue/72nd Street • France Avenue/Gallagher Drive • France Avenue/Parklawn Avenue • Parklawn Avenue/Gallagher Drive • Gallagher Drive/proposed access • 72nd Street/proposed access The proposed project will involve removal of the existing office buildings and constructing two new buildings. The project includes 468 total on-site parking spaces, with 234 on the 7200 site and 234 on the 7250 site. The entire project is expected to be completed by 2027. The land uses and sizes assumed for this study are shown below: • 7250 Building – 124,620 square feet of general office and a 2,200 square foot coffee shop. • 7200 Building – 150 apartment units and 10,000 square feet of general retail space. As shown in the site plan, the project includes access on Gallagher Drive and 72nd Street. The project will be constructed in phases, with the 7250 building constructed first and the 7200 building constructed at a later date. The conclusions drawn from the information and analyses presented in this report are as follows: • The proposed development is expected to generate 372 trips during the weekday a.m. peak hour, 340 trips during the weekday p.m. peak hour, and 3,214 weekday daily trips. • The traffic generated by the proposed development has minimal impact on the intersection operations at the study intersections. No improvements are needed at these intersections to accommodate the proposed project. September 2022 1-2 DRAFT • Traffic volumes on 72nd Street west of Lynmar Lane are expected to increase by 57 trips during the a.m. peak hour and 48 trips during the p.m. peak hour. • The proposed project is designed to provide both pedestrian and bicycle connections to the surrounding infrastructure. Space for pedestrian amenities is provided along all streets surrounding the project. Access to the Nine Mile Creek Regional Trail is provided at the Gallagher Drive crosswalk. • Both short-term and long-term bicycle spaces should be provided in order to accommodate employees, customers, and residents. The short-term spaces should be located near building entrances and provide facilities to securely park each bicycle. Long-term spaces for residents should be provided in the parking ramp or in a separate room within the building. The provision of a bicycle maintenance station would help encourage bicycle use by all site users. • The proposed number of parking spaces can accommodate the expected peak parking demand based on Institute of Transportation Engineers (ITE) data for both Phase 1 and full development of the site. • Edina City code requires 1.0 parking space per apartment unit and 1 space per 300 square feet for the office, retail, and coffee shop uses. This equates to 422 total spaces for Phase 1 and 605 total spaces for the full development. • Per City requirements, a Travel Demand Management (TDM) plan is required for this project. The goal of the TDM plan is to reduce vehicular trips during peak hours and carbon emissions from vehicles. TDM strategies for this site include: o Providing maps that show the area bus routes and schedules. o Providing maps of bicycle and pedestrian facilities. o Providing information on starting and joining commuter programs. o Providing long-term and short-term bicycle parking spaces for site users. o Offering a pre-paid Metro Transit Go-To Card to all new residents and employees. September 2022 2-1 DRAFT 2.0 Purpose and Background The purpose of this Traffic and Parking Study is to evaluate the traffic impacts of the proposed new mixed use development located at 7200 and 7250 France Avenue in Edina, MN. The project site is located on the west side of France Avenue between Gallagher Drive and 72nd Street. The proposed project location is currently occupied by two vacant office buildings, a parking structure, and surface parking. The project location is shown in Figure 1. This study examined weekday a.m. and p.m. peak hour traffic impacts of the proposed redevelopment at the following intersections: • France Avenue/70th Street • France Avenue/Hazelton Road • France Avenue/72nd Street • France Avenue/Gallagher Drive • France Avenue/Parklawn Avenue • Parklawn Avenue/Gallagher Drive • Gallagher Drive/proposed access • 72nd Street/proposed access Proposed Development Characteristics The proposed project will involve removal of the existing office buildings and constructing two new buildings. The project includes 468 total on-site parking spaces, with 234 on the 7200 site and 234 on the 7250 site. The entire project is expected to be completed by 2027. The current site plan is shown in Figure 2. The land uses and sizes assumed for this study are shown below: • 7250 Building – 124,620 square feet of general office and a 2,200 square foot coffee shop. • 7200 Building – 150 apartment units and 10,000 square feet of general retail space. As shown in the site plan, the project includes access on Gallagher Drive and 72nd Street. The project will be constructed in phases, with the 7250 building constructed first and the 7200 building constructed at a later date. September 2022 2-2 DRAFT September 2022 2-3 DRAFT September 2022 3-1 DRAFT 3.0 Existing Conditions The proposed site is currently occupied by two vacant office buildings, a parking structure, and surface parking. The site is bounded by France Avenue to the east, Gallagher Drive to the south, 72nd Street to the north, and residential areas to the west. Near the site location, France Avenue is a six-lane divided roadway with turn lanes at major intersections. Gallagher Drive and 72nd Street are a two-lane roadways. Existing conditions at intersections near the proposed project location are shown in Figure 3. France Avenue/70th Street (traffic signal control) This intersection has four approaches and is controlled with a traffic signal. The eastbound and westbound approaches provide one left turn lane, one through lane, and one right turn lane. The northbound and southbound approaches provides one left turn lane, two through lanes, and one through/right turn lane. France Avenue/Hazelton Road (traffic signal control) This intersection has four approaches and is controlled with a traffic signal. The westbound approach provides one left turn lane, one through lane, and one right turn lane. The eastbound approach proves one left turn and one through/right turn lane. The southbound approach provides one left turn lane, two through lanes, and one through/right turn lane. The northbound approach provides one left turn lane, three through lanes, and one right turn lane. France Avenue/72nd Street (minor street stop sign control) This intersection has three approaches and is controlled with a stop sign on the eastbound 72nd Street approach. The eastbound approach provides one right turn lane. The northbound approach provides one left turn lane and three through lanes. The southbound approach provides two through lanes and one through/right turn lane. Left turns are not allowed from 72nd Street onto France Avenue. France Avenue/Gallagher Drive (traffic signal control) This intersection has four approaches and is controlled with a traffic signal. The eastbound and westbound approaches provide one left turn lane and one through/right turn lane. The northbound and southbound approaches provide one left turn lane, two through lanes, and one through/right turn lane. France Avenue/Parklawn Avenue (traffic signal control) This intersection has four approaches and is controlled with a traffic signal. The eastbound and westbound approaches provide one left turn lane, one through lane, and one right turn lane. The southbound approach provides one left turn lane, two through lanes, and one through/right turn lane. The northbound approach provides one left turn lane, three through lanes, and one right turn lane. September 2022 3-2 DRAFT Parklawn Avenue/Gallagher Drive (minor street stop sign control) This intersection has three approaches and is controlled with a stop sign on the southbound Gallagher Drive approach. The eastbound approach provides one left turn/through lane. The westbound approach provides one through/right turn lane. The southbound approach provides one left/right turn lane. 72nd Street/Cornelia Drive (all-way stop sign control) This intersection has four approaches and is controlled with stop signs on all approaches. All approaches provide one left turn/through/right turn lane. Turn movement data for the intersections was collected during the weekday a.m. (7:00 - 9:00 a.m.) and p.m. (4:00 - 6:00 p.m.) peak periods in July 2022. September 2022 3-3 DRAFT September 2022 4-1 DRAFT 4.0 Traffic Forecasts Traffic Forecast Scenarios To adequately address the impacts of the proposed project, forecasts and analyses were completed for the year 2027. Specifically, weekday a.m. and p.m. peak hour traffic forecasts were completed for the following scenarios: • 2022 Existing. Existing volumes were determined through traffic counts at the subject intersections. The existing volume information includes trips generated by the uses near the project site. • 2027 No-Build. Existing volumes at the subject intersections were increased by 0.5 percent per year to determine 2027 No-Build volumes. The 0.5 percent per year growth rate was calculated based on both recent growth experienced near the site and projected growth in the area. • 2027 Build. Trips generated by the proposed development were added to the 2027 No-Build volumes to determine 2027 Build volumes. Trip Generation Weekday a.m. and p.m. peak hour trip generation for the proposed development were calculated based on data presented in the eleventh edition of Trip Generation, published by the Institute of Transportation Engineers (ITE). Trips generated by the existing uses were based on the traffic count data. The resultant trip generation estimates are shown in Table 4-1. Table 4-1 Trip Generation for Proposed Project Land Use Size Weekday AM Peak Hour Weekday PM Peak Hour Weekday Daily In Out Total In Out Total Total 7200 Building Apartments 150 DU 13 43 56 36 23 59 681 General Retail 10,000 SF 14 10 24 33 33 66 545 Subtotal 27 53 80 69 56 125 1226 7250 Building General Office 124,620 SF 166 23 189 30 149 179 1351 Coffee Shop 2,200 SF 52 51 103 18 18 36 637 Subtotal 218 74 292 48 167 215 1988 Totals 245 127 372 117 223 340 3214 DU=dwelling unit, SF=square feet The coffee shop is expected to be utilized by residents, employees, and visitors as well as the general public. The trip totals for the coffee shop have been reduced to account for residents, employees, and visitors who will already be on-site. September 2022 4-2 DRAFT Trip Distribution Percentages Trip distribution percentages for the subject development trips were established based on the nearby roadway network, existing and expected future traffic patterns, and location of the subject development in relation to major attractions and population concentrations. The distribution percentages for trips generated by the proposed development are as follows: • 30 percent to/from the north on France Avenue • 7 percent to/from the west on 72nd Street • 8 percent to/from the north of Cornelia Drive • 5 percent to/from the east on 70th Street • 5 percent to/from the east on Hazelton Road • 5 percent to/from the east on Gallagher Drive • 5 percent to/from the west on Parklawn Avenue • 5 percent to/from the east on Parklawn Avenue • 30 percent to/from the south on France Avenue Traffic Volumes Development trips were assigned to the surrounding roadway network using the preceding trip distribution percentages. Traffic volumes were established for all the forecasting scenarios described earlier during the weekday a.m. and p.m. peak hours. The resultant traffic volumes are presented in Figures 4 and 5. September 2022 4-3 DRAFT September 2022 4-4 DRAFT September 2022 5-1 DRAFT 5.0 Traffic Analysis Intersection Level of Service Analysis Traffic analyses were completed for the subject intersections for all scenarios described earlier during the weekday a.m. and p.m. peak hours using Synchro software. Initial analysis was completed using existing geometrics and intersection control. Capacity analysis results are presented in terms of level of service (LOS), which is defined in terms of traffic delay at the intersection. LOS ranges from A to F. LOS A represents the best intersection operation, with little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The following is a detailed description of the conditions described by each LOS designation: • Level of service A corresponds to a free flow condition with motorists virtually unaffected by the intersection control mechanism. For a signalized or an unsignalized intersection, the average delay per vehicle would be approximately 10 seconds or less. • Level of service B represents stable flow with a high degree of freedom, but with some influence from the intersection control device and the traffic volumes. For a signalized intersection, the average delay ranges from 10 to 20 seconds. An unsignalized intersection would have delays ranging from 10 to 15 seconds for this level. • Level of service C depicts a restricted flow which remains stable, but with significant influence from the intersection control device and the traffic volumes. The general level of comfort and convenience changes noticeably at this level. The delay ranges from 20 to 35 seconds for a signalized intersection and from 15 to 25 seconds for an unsignalized intersection at this level. • Level of service D corresponds to high-density flow in which speed and freedom are significantly restricted. Though traffic flow remains stable, reductions in comfort and convenience are experienced. The control delay for this level is 35 to 55 seconds for a signalized intersection and 25 to 35 seconds for an unsignalized intersection. • Level of service E represents unstable flow of traffic at or near the capacity of the intersection with poor levels of comfort and convenience. The delay ranges from 55 to 80 seconds for a signalized intersection and from 35 to 50 seconds for an unsignalized intersection at this level. • Level of service F represents forced flow in which the volume of traffic approaching the intersection exceeds the volume that can be served. Characteristics often experienced include long queues, stop-and-go waves, poor travel times, low comfort and convenience, and increased accident exposure. Delays over 80 seconds for a signalized intersection and over 50 seconds for an unsignalized intersection correspond to this level of service. September 2022 5-2 DRAFT The LOS results for the study intersections are presented in Figures 6 and 7 and discussed below. France Avenue/70th Street (traffic signal control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS D or better. The overall intersection operates at LOS D for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS E or better. The overall intersection operates at LOS D for all scenarios. France Avenue/Hazelton Road (traffic signal control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS D or better. The overall intersection operates at LOS C for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS E or better. The overall intersection operates at LOS D for all scenarios. France Avenue/72nd Street (minor street stop sign control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS C or better. The overall intersection operates at LOS A for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS C or better. The overall intersection operates at LOS A for all scenarios. France Avenue/Gallagher Drive (traffic signal control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS D or better. The overall intersection operates at LOS D for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS E or better. The overall intersection operates at LOS C for all scenarios. France Avenue/Parklawn Avenue (traffic signal control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS E or better. The overall intersection operates at LOS D for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS E or better. The overall intersection operates at LOS C for all scenarios. Parklawn Avenue/Gallagher Drive (minor street stop sign control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS A. The overall intersection operates at LOS A for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS B or better. The overall intersection operates at LOS A for all scenarios. September 2022 5-3 DRAFT 72nd Street/Cornelia Drive (all-way stop sign control) - During the a.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS A. The overall intersection operates at LOS A for all scenarios. During the p.m. peak hour under existing, 2027 No-Build, and 2027 Build conditions, all movements operate at LOS A. The overall intersection operates at LOS A for all scenarios. Gallagher Drive/proposed access (minor street stop control) - During the a.m. peak hour under 2027 Build conditions, all movements operate at LOS B or better. The overall intersection operates at LOS A for all scenarios. During the p.m. peak hour under 2027 Build conditions, all movements operate at LOS B or better. The overall intersection operates at LOS A for all scenarios. 72nd Street/proposed access (minor street stop control) - During the a.m. peak hour under 2027 Build conditions, all movements operate at LOS B or better. The overall intersection operates at LOS A for all scenarios. During the p.m. peak hour under 2027 Build conditions, all movements operate at LOS A. The overall intersection operates at LOS A for all scenarios. Overall Traffic Impacts The traffic generated by the proposed development has minimal impact on the intersection operations at the study intersections. No improvements are needed at these intersections to accommodate the proposed project. 72nd Street Impacts 72nd Street extends west from France Avenue and provides connections to residential areas west of the project site. 72nd Street is also used to access 70th Street via connections to Cornelia Drive and Wooddale Avenue. Observations indicate that traffic utilizing 72nd Street is a mixture of local trips and trips accessing 70th Street. Under existing conditions, the office building has two access points on 72nd Street. Through observations and data collected at the access locations for previous studies completed for this site, approximately 15% of existing site trips used 72nd Street west of Lynmar Lane to access the site. Under future conditions, this equates to 57 trips during the a.m. peak hour and 48 trips during the p.m. peak hour. Bicycle and Pedestrian Facilities Under existing conditions, sidewalk is provided on both sides of France Avenue, on the north/west side of Gallagher Drive west of France Avenue, and on the north side of 72nd Street west of France Avenue. The Nine Mile Creek Regional Trail is located on the south/east side of Gallagher Drive. Striped crosswalks and pedestrian signal heads are provided at all signalized intersections along France Avenue. The proposed project is designed to provide both pedestrian and bicycle connections to the surrounding infrastructure. Space for pedestrian amenities is provided along all streets surrounding the project. Access to the Nine Mile Creek Regional Trail is provided at the Gallagher Drive crosswalk. September 2022 5-4 DRAFT The site plan does not specifically indicate the location or number of bicycle parking spaces. Both short-term and long-term bicycle spaces should be provided in order to accommodate employees, customers, and residents. The short-term spaces should be located near building entrances and provide facilities to securely park each bicycle. Long-term spaces for residents should be provided in the parking ramp or in a separate room within the building. The provision of a bicycle maintenance station would help encourage bicycle use by all site users. Transit Facilities The subject site presently is served by the Metro Transit bus route 6. Bus stops exist on France Avenue, Gallagher Drive, Parklawn Avenue, and Hazelton Road. Travel Demand Management Plan (TDM) Per City requirements, a Travel Demand Management (TDM) plan is required for this project. The goal of the TDM plan is to reduce vehicular trips during peak hours and carbon emissions from vehicles. TDM strategies for this site include: • Providing maps that show the area bus routes and schedules. • Providing maps of bicycle and pedestrian facilities. • Providing information on starting and joining commuter programs. • Providing long-term and short-term bicycle parking spaces for site users. • Offering a pre-paid Metro Transit Go-To Card to all new residents and employees. The goal of the TDM plan is a 10-20 percent reduction in single occupant vehicle trips. The TDM plan strategies should be implemented at the time the project is complete and fully operational. The overall cost of the strategies is estimated at $2,000. September 2022 5-5 DRAFT September 2022 5-6 DRAFT September 2022 6-1 DRAFT 6.0 Parking Analysis The entire project will ultimately include 468 on-site parking spaces, with 234 on the 7200 site and 234 on the 7250 site. The first phase of the project will be construction of the 7250 building, which will include 219 underground stalls, 15 surface stalls, and 83 temporary stalls on the 7200 site. Therefore the 7250 building will have access to 317 stalls until the 7200 building is constructed at a later date. The total number of parking stalls for each phase of the project is shown below: • Phase 1 (7250 building only) – 317 stalls • Full build (7250 and 7200 buildings) – 468 stalls Parking data from the Institute of Transportation Engineers (ITE) was used to determine the expected parking demand for the proposed land uses. Data provided in the ITE publication Parking Generation, 5th Edition, indicates the various proposed uses peak at different times during the day. The ITE data was adjusted to account for the expected modal split for the site. Based on the ITE data, the peak weekday parking demand for Phase 1 is 289 spaces, which occurs between 8 am and 11 am. The 317 spaces provided for Phase 1 can accommodate the expected peak parking demand. The peak parking demand for the entire development 356 spaces, which occurs between 8 am and 11 am. The 468 spaces provided for the entire development can accommodate the expected peak parking demand. If the retail and apartment for the 7200 building change from those currently assumed, the parking calculations should be updated to ensure adequate on-site parking. Edina City code requires 1.0 parking space per apartment unit and 1 space per 300 square feet for the office, retail, and coffee shop uses. This equates to 422 total spaces for Phase 1 and 605 total spaces for the full development. September 2022 7-1 DRAFT 7.0 Conclusions and Recommendations The conclusions drawn from the information and analyses presented in this report are as follows: • The proposed development is expected to generate 372 trips during the weekday a.m. peak hour, 340 trips during the weekday p.m. peak hour, and 3,214 weekday daily trips. • The traffic generated by the proposed development has minimal impact on the intersection operations at the study intersections. No improvements are needed at these intersections to accommodate the proposed project. • Traffic volumes on 72nd Street west of Lynmar Lane are expected to increase by 57 trips during the a.m. peak hour and 48 trips during the p.m. peak hour. • The proposed project is designed to provide both pedestrian and bicycle connections to the surrounding infrastructure. Space for pedestrian amenities is provided along all streets surrounding the project. Access to the Nine Mile Creek Regional Trail is provided at the Gallagher Drive crosswalk. • Both short-term and long-term bicycle spaces should be provided in order to accommodate employees, customers, and residents. The short-term spaces should be located near building entrances and provide facilities to securely park each bicycle. Long-term spaces for residents should be provided in the parking ramp or in a separate room within the building. The provision of a bicycle maintenance station would help encourage bicycle use by all site users. • The proposed number of parking spaces can accommodate the expected peak parking demand based on Institute of Transportation Engineers (ITE) data for both Phase 1 and full development of the site. • Edina City code requires 1.0 parking space per apartment unit and 1 space per 300 square feet for the office, retail, and coffee shop uses. This equates to 422 total spaces for Phase 1 and 605 total spaces for the full development. • Per City requirements, a Travel Demand Management (TDM) plan is required for this project. The goal of the TDM plan is to reduce vehicular trips during peak hours and carbon emissions from vehicles. TDM strategies for this site include: o Providing maps that show the area bus routes and schedules. o Providing maps of bicycle and pedestrian facilities. o Providing information on starting and joining commuter programs. o Providing long-term and short-term bicycle parking spaces for site users. o Offering a pre-paid Metro Transit Go-To Card to all new residents and employees. September 2022 8-1 DRAFT 8.0 Appendix • Level of Service Worksheets RESOLUTION NO. 2022-81 APPROVING A ZONING ORDINANCE AMENDMENT AND REVISED OVERALL DEVELOPMENT PLAN AND SITE PLAN REVIEW FOR 7250 AND 7200 FRANCE AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Orion Investment is requesting a Zoning Ordinance Amendment for a completely new redevelopment project for the subject property. This site received a rezoning approval to Planned Unit Development-16 in 2019; however, the project was never constructed. The underlying, or previous zoning on the site is POD, Planned Office District. The existing PUD would allow two six-story buildings with 299 unit of housing and 30,000 square feet of retail/restaurants and 10 owner occupied townhomes. The previous POD, Planned Office District would allow 113,000 square feet of office/medical office use. 1.02 The property is legally described as follows: Lot 44, Block I, Oscar Roberts 1st Addition, Hennepin County. The North 325 Feet of the East 520 Feet of the Southeast 1/4 of the Northeast 1/4 Except Road. (7200 & 7250 France. 1.03 The existing office buildings and parking ramp on the sites would be removed. The existing parking ramp is in a very poor state of repair. The project would be developed in two phases. The first phase would be the construction of a five-story 124,620 square foot office building and coffee shop with underground parking at the 7250 France Site. The 7200 site would include a ponding area, sidewalks, green space, landscaping and surface parking where the future building pad would be. 1.04 Phase 2 would include a similar sized building in height and square footage, with the future use of housing with retail (150 units). Permanent parking for Phase 1 would be required to be included in the Phase 2 development. 1.05 An Overall Development and Ordinance Amendment establishing the PUD-16 District were approved by the City Council on April 2nd, 2019. 1.06 To accommodate the request, the following is requested: A Rezoning/Ordinance Amendment to revise the PUD-16, Planned Unit Development District to establish a new Overall Development Plan and Site Plan review for Phase 1. RESOLUTION NO. 2022-81 Page 2 1.07 On September 14, 2022, the Planning Commission held a public hearing and recommended approval of the request with the added condition that the bike and pedestrian connections be separated from the north/south street/connector. Vote: 6 Ayes and 0 Nays. 1.08 On September 20th, 2022, the City Council held a public hearing and considered the request. 1.09 On October 6, 2022, the City Council granted approval of the requests. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposed land uses, and density are consistent with the Comprehensive Plan. 2. The proposal still meets the City’s criteria for PUD zoning. The PUD zoning would: a. Create a more pedestrian-friendly development with the construction of improved sidewalks and connections to the Promenade. The project would bring vibrancy to the area. b. The building would be of high-quality architectural brick, metal, stone, and glass. c. Ensure that the buildings proposed in Phase 1 would be the only buildings built on the site unless an amendment to the PUD is approved by City Council. Phase 2 would be required to be multi-family residential with some retail commercial as long as there is adequate parking on the site for all phases. d. Project would add to the City’s affordable housing stock by providing 10% of the units in Phase 2 for affordable housing. e. Provide for a more creative site design, consistent with goals and policies in the Comprehensive Plan. f. Enhance green space and landscaping and utilize sustainable concepts. g. Meet the City’s sustainability policy, including seeking a LEED certified building in Phase 1. h. Provide 19% of the site for public use. 3. The PUD would ensure that the development proposed would be the only building that would be allowed on the site unless an amendment to the PUD is approved by City Council. 4. The plans address the Greater Southdale District Design Experience Guidelines as follows: The division of the property into smaller blocks and the provision of pedestrian, bicycle and vehicle access and connections through the site both east-west and north- south; increasing the public realm on the site; eliminating most of the surface parking stalls, with none being visible from France Avenue in the Phase 2 build out. Affordable housing should be required within the future apartment project as well as public art located along France Avenue 5. The proposed project would meet the following goals and policies of the Comprehensive Plan: RESOLUTION NO. 2022-81 Page 3 Primary uses are offices, attached or multifamily housing. Secondary uses: Limited retail and service uses (not including “big box" retail). Encourage structured parking and open space linkages where feasible; emphasize the enhancement of the pedestrian environment. Locate and orient vehicle parking, vehicular access, service areas and utilities to minimize their visual impact on the property and on adjacent/surrounding properties, without compromising the safety and attractiveness of adjacent streets, parks, and open spaces. Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. Limit driveway access from primary streets while encouraging access from secondary streets. Provision of the north-south public vehicle, bike and pedestrian connection through the site. Encourage the development of parking lots or structures so they can be shared by more than one building on the site or by buildings on neighboring sites, and which can transition over time to other uses if parking needs change. Increase mixed-use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. Support the development of mixed-use districts that provide a variety of living opportunities within a walkable and livable area. Recognize and support commercial, office, and industrial job centers that draw workers from the city and across the region. Ensure that the city’s roads continue to evolve to act as connectors, rather than as barriers. Incorporate amenities and infrastructure into public corridors to make them beautiful, efficient, and multimodal public spaces that contribute to community identity and pride. 50%/50% estimated residential/commercial mixed-use. 6. The existing roadways and proposed parking would support the project. Stantec conducted a traffic and parking impact study and concluded that the proposed development could be supported by the existing roads and proposed parking. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approves The Ordinance Amendment, Revised Overall Development Plan and Site Plan Amendment for PUD- 16. Approval is subject to the following conditions: 1. The Final Development Plans must be generally consistent with the Preliminary Development Plans dated August 28, 2022. RESOLUTION NO. 2022-81 Page 4 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must be submitted for one and one-half times the cost amount for completing the required landscaping, screening, or erosion control measures at the time of any building permit. 3. Provision of code compliant bike racks for each use near the building entrances. 4. The Final Lighting Plan must meet all minimum requirements per Section 36-1260 of the City Code. 5. Roof-top mechanical equipment shall be screened per Section 36-1459 of the City Code. 6. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the district’s requirements. 7. A Developer’s Agreement/Site Improvement Plan Agreement is required at the time of Final Approval. 8. Phase 2 of the project must include affordable housing within the project, compliant with the City’s affordable housing policy. Final determination to be made at final approval for Phase 2. 9. Compliance with the conditions outlined in the director of engineering’s memo dated September 1, 2022. 10. Compliance with the Stantec Consulting Traffic & Parking Study recommendations. 11. Subject to the Zoning Ordinance Amendment revising the PUD-16, Planned Unit Development for this site. 12. Public sidewalks must be a minimum of 5 feet in width with a 5-foot boulevard on Gallagher Drive and West 72nd Street, and 8 feet minimum width with an 8-foot boulevard on France Avenue. 13. Dedication of public access easements of the east-west and north-south sidewalks and drive- aisles through the site and sidewalks around the perimeter of the site. 14. Submittal of a construction management plan subject to review and approval of city staff prior to issuance of a building permit. The plan must demonstrate minimal impact to pedestrian and vehicle movement. 15. Hours of construction must be consistent with City Code. 16. The property owner shall be responsible for the maintenance of internal sidewalks and drive aisles. The City would snow plow a 5-foot path of the sidewalk on France. The property owners would be responsible for the remaining areas. 17. Public art should be provided along street frontages and the courtyard. RESOLUTION NO. 2022-81 Page 5 18. Final Plans shall comply with the street typologies in the Southdale Design Experience Guidelines along France Avenue and the building step in at least ten feet at the 60-foot building height. 19. The bike and pedestrian connections be separated from the north/south street/connector on the west side of the proposed buildings. Adopted by the City Council of the City of Edina, Minnesota, on October 6, 2022. ATTEST: Sharon Allison, 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 October 6, 2022, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2021. _________________________________ Sharon Allison, City Clerk DRAFT ORDINANCE FOR CONSIDERATION October 6, 2022 Existing text – XXXX Stricken text – XXXX Added text – XXXX ORDINANCE NO. 2012-13 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REVISE THE PUD-16, PLANNED UNIT DEVELOPMENT-16 ZONING DISTRICT The City Of Edina Ordains: Section 1. Chapter 36, Article VIII, Division 4 is hereby amended to add the following: Sec. 36-507 Planned Unit Development District-16 (PUD-16) (a) Legal description: Lot 44, Block 1, Oscar Roberts 1st Addition, Hennepin County. The North 325 Feet of the East 520 Feet of the Southeast 1/4 of the Northeast 1/4 Except Road. (7200 & 7250 France Avenue) (b) Approved Plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on February 27, 2019 except as amended by City Council Resolution No. 2019-23 on file in the Office of the Planning Department. (c) Principal Uses: All uses allowed in the PCD-2 Zoning District Multi-family Apartments/Townhomes/Condos. (d) Accessory Uses: All accessory uses allowed in the PCD-2 Zoning District. (e) Conditional Uses: All conditional uses allowed in the PCD-2 Zoning District. (f) Development Standards. In addition to the development standards per the PCD-2 Zoning District, the following shall apply: Required Building Setbacks Front – France Front – Gallagher Front – 72nd Street (apartments) Front – 72nd Street (townhomes) Side – West (townhomes) Side – West (apartments) 39 feet 20 feet 25 feet 35 feet 20 feet 90 feet 45 feet Existing text – XXXX Stricken text – XXXX Added text – XXXX 2 Building Height 6 stories and 67 feet 84 feet (Building to be constructed per the approved plans) Maximum Floor Area Ratio (FAR) 1.8% Parking Stalls 590 stalls required (Per the approved plans) Phase 1 – 317 total stalls Phase 2 – 468 total stalls Parking Stall Size 8.5 x 18’ Drive Aisle Width 24 feet (g) Signs shall be regulated per the PCD Zoning District based on the use. (h) Twenty percent (20%) of the dwelling units in the building shall be dedicated for affordable housing at 60% or less of area median gross income, for a minimum of 25 years from the date of certificate of occupancy. (h) Affordable housing units must be included in the project with the development of housing in Phase 2 per the City’s affordable housing policy at the time of final approval for Phase 2. Existing text – XXXX Stricken text – XXXX Added text – XXXX 3 Section 2. This ordinance is effective upon approval by the Metropolitan Council of the Comprehensive Plan Amendment. First Reading: Second Reading: Published: Attest: Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk The CITY of EDINA Zoning Ordinance Amendment to Revise PUD- 16 – 7200 & 7250 France Avenue The CITY of EDINA EdinaMN.gov 2 Site The CITY of EDINA EdinaMN.gov 3 Site Site The CITY of EDINA EdinaMN.gov 4 2019 Approved Overall Development Plan The CITY of EDINA EdinaMN.gov 5 The CITY of EDINA EdinaMN.gov 6 Sketch Plan Proposal The CITY of EDINARevisions from Sketch Plan: EdinaMN.gov 7 Eliminated the retail/grocery store Enhanced the north-south drive/bike/pedestrian experience Enhanced architecture (applicant to detail) Eliminated the drive entrance off France. The CITY of EDINA EdinaMN.gov 8 Phase 2Phase 1 The CITY of EDINA EdinaMN.gov 9 The CITY of EDINA EdinaMN.gov 10 The CITY of EDINA EdinaMN.gov 11 The CITY of EDINAThis Request Requires: EdinaMN.gov 12 A Rezoning/Ordinance Amendment to revise the PUD-16, Planned Unit Development District to establish a new Overall Development Plan and Site Plan review for Phase 1. The CITY of EDINA Planning & Zoning Discretion Pyramid Bldg Permit Site Plan Review Conditional Use Permit Zoning, Rezoning Comprehensive Plan Subdivisions/Plats Variances More Discretion Less Discretion The CITY of EDINAReview of the Site Plan EdinaMN.gov 14 The CITY of EDINA EdinaMN.gov 15 The CITY of EDINA EdinaMN.gov 16 The CITY of EDINA EdinaMN.gov 17 The CITY of EDINA EdinaMN.gov 18 City Standard (PUD-16) (Measured to the curb) POD District (Measured to the curb) Proposed (Measured to the curb) Front – 72nd Street Front – France Ave. Front – Galagher Drive Side – West (north half) Side – West (south half 35 feet 39 feet 20 feet 90 feet 45 feet 30 feet 50 feet 30 feet 20 feet 20 feet 30 feet 50 feet 25 feet* 150 feet 90 feet Building Height 6 stories and 67 feet 4 stories and 48 feet 5-6 stories and 84 feet* Floor Area Ratio (FAR) 1.8 .50 1.0* Building Coverage .30 .31* Parking Office/retail – 456 spaces Housing – 150 spaces Total – 606 spaces 468 spaces* The CITY of EDINAPrimary Issue Are the proposed changes to the approved Overall Development Plan reasonable to justify amending the PUD rezoning for this site? EdinaMN.gov 19 Yes. Staff does support the revised PUD, for the following reasons: 1. While the plans are more flawed that the previously approved plans, they still do generally address the Greater Southdale District Design Experience Guidelines. Highlights continue to include: The division of the property into smaller blocks and the provision of pedestrian, bicycle and vehicle access and connections through the site both east-west and north-south; increasing the public realm on the site; eliminating most of the surface parking stalls, with none being visible from France Avenue in the Phase 2 build out. The street typology that requires buildings step in 10 feet above 60 feet in height shall be made a condition of approval. Affordable housing should be required within the future apartment project as well as public art located along France Avenue. They will be seeking a LEED certified building in Phase 1. The CITY of EDINA EdinaMN.gov 20 84Feet 60Feet TrafficLanes50 Foot Setback Dimensional Characteristics of Street Room Typology 2 Cornelia Overlay at France Avenue The CITY of EDINAPrimary Issue Are the proposed changes to the approved Overall Development Plan reasonable to justify amending the PUD rezoning for this site? EdinaMN.gov 21 2. The project would meet the following goals of the Comprehensive Plan: Encourage structured parking and open space linkages where feasible; emphasize the enhancement of the pedestrian environment. Locate and orient vehicle parking, vehicular access, service areas and utilities to minimize their visual impact on the property and on adjacent/surrounding properties, without compromising the safety and attractiveness of adjacent streets, parks, and open spaces. Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. Limit driveway access from primary streets while encouraging access from secondary streets. Provision of the north-south public vehicle, bike and pedestrian connection through the site. Increase mixed-use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. Support the development of mixed-use districts that provide a variety of living opportunities within a walkable and livable area. Recognize and support commercial, office, and industrial job centers that draw workers from the city and across the region. The CITY of EDINAPrimary Issue Are the proposed changes to the approved Overall Development Plan reasonable to justify amending the PUD rezoning for this site? EdinaMN.gov 22 3. The proposal meets the City’s criteria for PUD zoning. In summary the PUD zoning would: Create a more pedestrian-friendly development with the construction of improved sidewalks and connections to the Promenade. The project would bring vibrancy to the area. The building would be of high-quality architectural brick, metal, stone, and glass. Ensure that the buildings proposed in Phase 1 would be the only buildings built on the site unless an amendment to the PUD is approved by City Council. Phase 2 would be required to be multi-family residential with some retail commercial as long as there is adequate parking on the site for all phases. Project would add to the City’s affordable housing stock by providing 10% of the units in Phase 2 for affordable housing. Provide for a more creative site design, consistent with goals and policies in the Comprehensive Plan. Meet the City’s sustainability policy, including seeking a LEED certified building in Phase 1. Provide 19% of the site for public use. The CITY of EDINAPrimary Issue Are the proposed changes to the approved Overall Development Plan reasonable to justify amending the PUD rezoning for this site? EdinaMN.gov 23 4. The provision of public space still makes up 19% of the site for the interior public sidewalks, driveways, bike space and public realm. If the public space in front of the building on France, Gallagher and 72nd street was included it would make up 38% of the site. (See attached public realm graphic.) 5. The proposed height is justified. While the proposed buildings would be taller than the previously approved project it would still meet the required setback of buildings 5-6 feet tall to R-1 property. Edina City Code requires that buildings 5-6 stories tall be setback two times the height of the building from the property line of single-family homes. The building height is 84 feet; therefore a 168-foot setback is required. The distance as proposed would be 255 feet. 6. The existing roadways and proposed parking would support the project. Stantec conducted a traffic and parking impact study and concluded that the proposed development could be supported by the existing roads and proposed parking. The CITY of EDINA EdinaMN.gov 24 The CITY of EDINABetter Together Edina EdinaMN.gov 25 The CITY of EDINAStaff & Planning Commission Recommendation EdinaMN.gov 26 The CITY of EDINA EdinaMN.gov 27 The CITY of EDINA EdinaMN.gov 28 The CITY of EDINARecommendation EdinaMN.gov 29 Close the public hearing at noon on September 26 and continue action to the October 6 City Council meeting. The CITY of EDINA EdinaMN.gov 30 The CITY of EDINA EdinaMN.gov 31 The CITY of EDINA EdinaMN.gov 32 The CITY of EDINA EdinaMN.gov 33 The CITY of EDINA EdinaMN.gov 34 P.U.D. SUBMISSION 7 200 & 7 250 FRANCE EDIN A, MN 2 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 TABLE OFCONTENTS A. SITECONTEXT B. PROJECT OVERVIEW + GUIDELINES C. SITE PLANS +PHASING D. SITE FORCES + IMPROVEMENTS E. CONCEPTUAL RENDERINGS +VISUALS 3 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PROCESS TODATE PROJECTDATES MARCH 8,2022 COMMUNITY &NEIGHBORHOOD INPUT MEETING APRIL 13,2022 PLANNING COMMISSION - SKETCH PLANPRESENTATION APRIL 19,2022 CITY COUNCIL - SKETCH PLANPRESENTATION JULY 21,2022 COMMUNITY &NEIGHBORHOOD INPUT MEETING SEPT 14,2022 PLANNING COMMISSION - P.U.D. HEARING & PRESENTATION SEPT 20,2022 CITY COUNCIL - P.U.D. PRESENTATION OCT 6,2022 CITY COUNCIL FINALACTION (IF NEEDED) JECT (ADDPRO REND ER) 4 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 EXISTING SITECONDITIONS 5 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 EXISTING BIRD’S EYEVIEWS 6 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 EXISTING SITE PHOTOS 7 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 STATEMENT +NARRATIVE PROJECTOVERVIEW: The team envisions this site as an opportunity to create an iconic development along the France corridor that will be a catalyst for growth. • Project Team includes Orion Investments, ESG, and others to advance the development, entitlement and design of our redevelopment concept • The Greater Southdale District Plan and District Design Experience Guidelines serve as the main planning and design criteria for this development. PROJECTPRINCIPLES: • Consistent with the City of Edina’s vision to create a street grid system • Excavate site to create two levels of parking below newly-established grade. Upon completion, 94% of the parking will be below grade. • Stormwater retention pond and rain garden included to manage local rainfall on site and provide public amenity when not active. • 500+ jobs created. • Environmental remediation of site. • Bicycle and pedestrian connectivity to neighboring infrastructure. • Sustainability // LEED Certified. 8 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SOUTHDALEVISION the vision:walkable the vision:human-scaled the vision: adestinationthe vision:green 9 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DEVELOPMENTOVERVIEW 7250 OFFICE BUILDING ~124,620 GROSS FLOORAREA-234 COMMERCIAL PARKING STALLS-94% OF PARKING IS BELOW GRADE, ACCESS IS OFF OF THE NORTH-SOUTH STREET DANILA PLAZA - PEDESTRIANWALKWAY- EXTENSION OF BUILDING AMENITYSPACE~ 12,110 SF PHASE 2 DEVELOPMENTAREA STORMWATER RETENTIONBASIN ACCESSIBLE SCENIC WALKWAY AND GREEN SPACE TEMPORARY GREENSPACE (PHASE 1A) OR INTERIM PARKING (PHASE 1B); FUTURE BUILDING SITE (PHASE2)- POTENTIALLY 124,620 GFA - 83 TEMPORARY PARKING STALLS (PHASE 1B) DEDICATED BIKE AND PEDESTRIAN PATH RUNS PARALLEL TO NORTH-SOUTH STREET, CONNECTING 72ND STREET AND GALLAGHER AVE 10 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 N SITEPLAN SITEPLAN: • Site design creates attractive public amenities for the surroundingcommunity • France Ave setback becomes pedestrian corridor with landscaped paths, treescapes, and seating areas • Stormwater retention basin nature area with landscaped paths and overlooks on west side of site • Introduction of Danila Plaza to create a pedestrian-only corridor connected by ADA-compliant ramps and paths throughout entirety of site; can be utilized for accessible pedestrian access to on-site businesses during the day and then utilized for community events in the evening • Human-scaled, comfortable pedestrian experience as well as improved bike access to connect to nearby bike path infrastructure • Native and low maintenance plantings at stormwater retention pond • Eliminate 2 curb cuts on France Ave PHASE 2 DEVELOPMENTAREA 11 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SITE PLAN REVISIONS 15 Gallagher Drive France Ave(A Public R/W) StConc. Walk W(A7Pub2licnR/Wd)LFra(24" RCP 24" RCP6" CIP 18" RCP DEDICATED BIKE AND PEDESTRIAN PATH RUNS PARALLEL TO NORTH-SOUTH STREET, CONNECTING 72ND STREET AND GALLAGHER AVE 12 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PHASE1A: •Office Building on SE corner • All public amenities and infrastructure completed in Phase 1. •15 Surface parking stalls on parcel; 219 below- grade parking stalls across two parking levels to acheive 94%below-grade pakring. • Planted setbacks and hardscape paths with seating off of 72nd and France improve pedestrian experience • Primary Building entry points are along internal streets • Phase 1 includes stormwater basinnature area as well as Danila Plaza and new internal north-south street PHASING 13 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PHASE1B: •Office Building on SE corner •IF NEEDED: 115 temporary parking stallson NE portion of lot PHASING 14 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PHASE2: •Potential Mixed Use Building on NE corner •Multi-family // Hospitality // Retail Mix • Approximately 150 Units. • Majority enclosed parking. PHASING 15 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SUSTAINABLE DESIGN BROWNFIELD REVELOPMENT - Transforming a existing parking lot - Dramatically improving the physical environment ADDING DENSITY WITH STRONG PUBLIC REALM - Density supporting current and future transit - Best Land Use Practices - Promotes multiple transportation options PUBLIC GREEN SPACE - Supports healthy outdoor human activity - Strong urban tree canopy throught the site STORMWATER - Improvement from existing surface asphalt conditions - Holding capacity for large precipitation events - Improved quality prior to returning to groundwater NATIVE LANDSCAPING - Supporting the natural ecosystem ELECTRIC VEHICLE CHARGING & CARSHARING SOLAR READY ORGANICS RECYCLING HEALTH & WELLNESS IN BULDING DESIGN SUSTAINABILITYSUMMARY 16 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 10 AM - DECEMBER21 10 AM - MARCH / SEPTEMBER21 12 PM - MARCH / SEPTEMBER21 3 PM - MARCH / SEPTEMBER21 10 AM - JUNE21 12 PM - DECEMBER21 12 PM - JUNE21 3 PM - DECEMBER21 3 PM - JUNE21 SHADOW STUDIES 17 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SITEACCESS SITEENTRANCE SITEEGRESS DANILAPLAZA DANILAPLAZA 18 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 BICYCLESUMMARY DANILA PLAZA - 6 BICYCLE PARKINGSTALLS ACCESS AND CONNECTION TO NINE MILE CREEK REGIONAL TRAIL DANILAPLAZA DEDICATED BIKE PATH PARALLEL TO NORTH-SOUTH STREET 7250 BUILDING - 24 BICYCLE PARKINGSTALLS 19 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PEDESTRIANCONNECTIONS DANILAPLAZA 20 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SOUTHDALEFRAMEWORK SOUTHDALE DESIGN GUIDELINES DISTRICTS SITE: 7200 &7250 APPLICABLE STREET ROOMTYPOLOGIES: STREET ROOM TYPOLOGY 1A: WEST PROMENADE / TRANSITION TOCORNELIA NEIGHBORHOOD STREET ROOM TYPOLOGY: TRANSITION ZONE STREET ROOM TYPOLOGY 3:NEW LOCALSTREETS 21 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 STREETGRID EXISTING STREETGRID CURRENTLYPROPOSED STREETGRID POTENTIALFUTURE STREET PROPOSED PEDESTRIAN CONNECTIONS POTENTIALFUTURE PEDESTRIAN CONNECTION NINE THINGS TO REMEMBER: 1.Every new development begins with the 200’ x 200’ block, or some variation based on context. The existing property has been broken down into three smaller blocks by new internal streets. The arrangement of blocks will providea density appropriate for a transitional area in proximity to residential areas, while providing a mixed-use environment with walkable streetscapes and attractive greenspaces. 2.Every block or building in a development will need streets to connect between buildings. Not all of these streets will need to accommodate vehicles, providing the opportunity for parks, plazas or courtyards—important parts of the publicrealm. Danila Plaza is proposed as a pedestrian-only internal street within the redevelopment. This redevelopment creates small blocks with pleasantly-arranged urban public and private spaces while enhancing connections within the broader district. Danila Plaza extends beyong the North-South street to provide additional access to the greenspace amenity surrounding new stormwater basin along the west side of the site. 3.Buildings will not be greater than 200 feet in length, thereby minimizing the negative impact continuous walls can have on a comfortable pedestrianexperience. Buildings designed for 7200 and 7250 will comply with the intent of the 200 ft maximum requirement. Given the importance of providing enclosed parking within the district, the project proposes enclosed parking at both buildings. The proposed building at 7250 is 140 feet wide and 7200 is intended to be of similar massing. In order to maximize efficiency of the floor plan and to keep the parking podium at 7250 below grade, the length of the building is roughly 220 feet. This length is interrupted by a 90 degree jog in the floor plate at the building's mid point to break up the expression of the elevation. The footprints of the upper levels of office are about 134 feet by 218 feet to allow for a floorplate of approximately 29,100 SF. Careful attention and thought have been paid to the step-backs, footprint, and orientation of the 7250 building. Placing the buildings along the east side of the development assures that building shadows won’t negatively impact the neighboring residential properties. The building massing has been developed in close coordination with the Southdale street typology guidance to ensure that setbacks of building bulk meet the intent of this pedestrian-focused document. A mixture of material, architectural detailing highlighting entry locations, and transparency through glazing will be leveraged to break down the opaqueness of the buildings at the pedestrianlevel. 4.All streets are not equal. The plan outlines a hierarchy that is driven by the kind of experiences that are expected on these streets and how they facilitate an enlivened public realm. France Avenue is a major street artery that lines the site to the east. Access to the project is primarily from 72nd Street and Gallagher Drive via a new internal North-South Street. Additionally, a new East-West pedestrian-only street (Danila) provides an accessible means of accessing both blocks at the mid-point of the site. This pedestrian walkway will be a highly landscaped, walkable, sustainably focused site feature that provides pedestrian scale entry elements to each of the mixed-use portions of the project as well as a flexible indoor / outdoor spaces in varoius places for seasonal programming. Refer to the typology diagrams throughout this document and other illustrations that depict this hierarchy and the experience of each street typology. 22 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DESIGN EXPERIENCEGUIDELINES NINE THINGS TO REMEMBER: 5.Designated transition zones are about maintaining the quality of life in these areas without restricting growth in other parts of the district. Transition zones are critical to neighborhood building, especially when transforming a suburban environment to an urban environment over time with phased development projects. The creation of the dedicated pedestrian street and greenspace surrounding the stormwater basin within this project will create a graceful transition from the residential neighborhoods located to the west, to the commercial areas located east of France. By introducing a new local street grid via the new internal North-South street, this development may catalyze future growth to the north and south of the site by extending street in these directions. 6. Promenades and East-West Streets are the bridge between single family neighborhoods, such as the Cornelia neighborhood of Edina and the west side of Richfield, to more intense parts of the district. A dedicated pedestrian east-west link (Danila Plaza) from France Avenue to the new natural area will be provided. The master plan provides a positive pedestrian experience throughout the site, connecting pedestrian movement to green space, the pedestrian plaza, and providing a clear pedestrian hierarchy to movement in and around the site. The project provides the beginning of a strong neighborhood pedestrian circulation network that connects to existing and future development in all directions. 7.Street Rooms will intersect and overlap each other in many circumstances. At these intersections, lower building heights should prevail, giving the smaller scaled building precedence over larger scale buildings. The pedestrian street (Danila Plaza) is strategically located to provide a connector between all 3 sectors of the site, and ultimately acts as a large street room gathering place for neighbors, tenants, and visitors. This area will be the gathering focal point for the many pedestrian connections, acting as a collector to bring people together. 8.Within the first 60 vertical feet of a building, primary materials systems that are more traditional like brick, stone, glass wall systems are preferred. Above 60 feet, other materials such as metal wall systems within a larger curtainwall system, can be introduced. These baseline parameters should not be a deterrent to architectural innovation but rather are intended to serve as a measure of quality and continuity throughout the district. The primary exterior materials proposed for the 7250 building are architectural precast with stone texture and glass at the ground level. The upper levels are clad in glass, architectural brick, and metal panel accents. 9. Transparency at the ground level facing the public realm is key to the individual experience and is a catalyst for how to activate and maintain a community-based approach to daily life and experience. At the pedestrian level along France Avenue, the commercial space is articulated by bays of glass book-ended with stone-look architectural precast panels. Full height glazing within these bays allow unobstructed views of activity within the building and define points of entry. The primary entry and lobby will be located on the north end of the west facade adjacent to a limited amount of convenience surface parking and awning offering protection from inclement weather. This lobby also provides access to the shared elevators for the below grade parking and office as well as shared amenities for the office building such as conferencing, and a coffee/food kiosk. ADA-accessible paths allow for pedestrians to move freely across the site to engage with all areas of the site including the public natural area surrounding the stormwater basin as well as the future building at 7200. 23 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DESIGN EXPERIENCEGUIDELINES 24 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DESIGN EXPERIENCEGUIDELINES RELEVANT STREET ROOMTYPOLOGIES: Street Room Typology 1: WEST PROMENADE / TRANSITION TO CORNELIA NEIGHBORHOOD •On France Avenue, a 50-foot setback is required from curb to face of building with a building podium height of 60 feet. Above the 60-foot height limit, additional height should step back 10 feet from the face of the building, to a maximum height of 84 feet. Building meets the required 50'-0" setback along France. Additionally, the building facade changes materiality at roughly 62 ft above street level and then steps back 37 ft at the north-east corner Level 5 Amenity deck. The building height to top of mechanical penthouse is 84'-0". •On the east side of the West Promenade, building faces should not exceed 50’ in height. Any height above that limit should step back 20 feet from the facade of the building. The west buiding facade rises 48'-0"and then steps back 18'-6". •All parking, other than short-term retail or guest parking, and building services need to be located below grade or hidden within the building. If on ground level or above, parking and/or building services must be surrounded on all sides by program space such as commercial or housing. Proposed parking is enclosed within buildings with the exception small surface parking lot provided for enhanced pedestrain safety and ease of access. Street Room Typology 3: NEW LOCAL STREETS •On France Avenue, a 50-foot setback is required from curb to face of building with a minimum building height of 60 feet (diagram at left). Above that 60-foot height, the building face should step back two feet to create a cornice line and can then extend to 105 feet. Above 105 feet, building faces must step back an additional 10 feet (as illustrated in diagram at right, above.) Building exceeds required 50'-0" setback along France. Additionally, the building facade changes materiality at roughly62 ft above street level and then steps back 37 ft at the north-east corner Level 5 Amenity deck. The building height totop of mechanicalpenthouseis 84'-0". •Building podiums along these streets need to maintain as closely as possible the 60-foot height limit while still adhering to the guidance of 75% of building face at the setback line to create the fundamental experience of the street room. Building is located on or within 2'-0" of the setback line on France and Gallagher. •All parking, other than short-term retail or guest parking, and building services need to be located below grade or hidden within the building. If on ground level or above, parking and/or building services must be surrounded on all sides by program space such as commercial or housing.Parking is enclosed and primarily located below grade. Small surface lot near main entrance of 7250 provides ease of access. • Parking and building services should not be accessed via these streets. No additional curb cuts are proposed along France Avenue. No building access for vehicles or loading is proposed on France Avenue. •Incorporate 10- to 12-foot wide sidewalks that create opportunities for gathering, outdoor cafes, pavilions, etc. Sidewalks along France Avenue are ample at greater than 15 ft in overall width (7-8 ft each) as it is a double sidewalk proposal allowing for plaza space and outdoor seating. Pedestrian street Danila Plaza is 60'-0" wide and incorporates pedestrian paths, stairs and ADA-compliant ramps as well as a series of seating areas. Pedestrian path along west side of the North- South street provides seating areas and an overlook feature to enjoy the preserved natural area. For other sidewalk dimensions see diagram in this document. •Within the 50-foot setback, trees should be planted in a double row to add a strong canopy for pedestrian activity. Trees are planted in double rows on France and 70th, see site plan for arrangement. THE PUBLIC REALM EXPERIENCE: Connections •The overall strategy is to connect intersections, incorporate street typologies, and incorporate green systems to add value to the experience of the district. •The public realm is to be connected continuously north-south from Centennial Lakes, the Promenade, the Galleria, Southdale Center, Fairview Southdale, to Strachauer Park. All new developmentshallsupportthat goal. •The public realm should be connected east-west from Edinborough Park to Centennial Lakes, west of France to Pentagon Park and Fred Richards Park to Highway 100 on the west. This will set up future connections to districts to the west—such as 70th and Cahill— supporting an overall vision of a more connected and integrated Edina community. •The district must be connected continuously east-west from the Cornelia neighborhood to YorktownPark. •New north-south promenades should be created on the west side of France and east side of Xerxes as part of the broader strategy to sensitively transition to single family residential neighborhoods. •Expand Centennial Lakes Park to France Avenue… celebrate this important public amenity by making it more visible as a gateway into the district. •Create a dynamic landscape that includes water, especially stormwater expressed as part of landscape, to create public amenity spaces. •Streets within the superblocks, East and West Promenades, and extension of the Promenade north to Strachauer Park should be surfaced with pavers to promote a dominanceof pedestriansand bikes over vehicles. •New parks and plazas shall be either public or publicly-accessible, not private, in nature. •Increase number of sidewalks, pathways, and smaller parks/gardens to better address mobility. Incorporate places to sit throughout the district. •New trees should provide continuity of the street room experience with canopies that are consistent with the Street Room Typology to enhance the continuity of pedestrian experience. The landscape and hardscape elements are woven through the site to create a human-scaled, enticing, yet comfortable pedestrian experience. Native plantings throughout the site create a low maintenance, attractive greenspace. Planting beds runs parallel with France Ave and act as both a buffer from the adjacent traffic and a functional means of managing on-site storm water. The native planting gardens also provide an educational opportunity to highlight the City of Edina’s laudable goals for environmental stewardship. Landscaped areas with benches and public art elements create publicly accessible gathering areas while also serving to activate the building's street-facing façades. The development team has paid close attention to how this site interfaces with the adjacent properties to the west by ensuring that building scale, landscaping and proposed uses respect the adjacent neighborhood. We've also incorporated multi- modal street grids designed to connect with existing and future bike, pedestrian, and vehicle infrastructure. Intersections •Street Room Typologies overlay each other, unifying the overall district experience through the recognition of unique conditions that evoke unique design responses based upon location. •Street Room Typologies connect intersections throughout the district, linking experiences together from one neighborhood to the next. •Street Room Typologies with lower façade heights take president over those with higher façade heights at these points of intersection. •The architecture of a façade of one block making up an intersection should be conceived as part of all corners of the intersection. •Crosswalks at intersections need to be an integral part of the public realm and continue the overall street room experience from one block to another. •The hierarchy of intersections will change based on an evolving context and investment in the intersection experience. The intersection of Gallagher & France is an important point of connection for vehicles, bikes, and pedestrians alike. A robust entry plaza with decorative paving, landscape and lighting will identify the building entry. A highly visible building corner at street level will encourage activity in around the building and act as a welcoming sign to the traffic moving by sharing the character of the development and activity within. Street Room Form •Building setbacks are to be considered as a part of the overall landscape and public amenities, and should be designed to create a continuous pedestrian experience along major corridors to support “pools of human activity.” •Every new development should connect all publicly-accessible spaces such as pocket parks, courtyards and plazas to the street room typology. The site design provides the beginning of a strong neighborhood pedestrian circulation network that connects to existing and future development in all directions. We provide a safe and enhanced pedestrian and bike movement along France avenue separating and setting back the pedestrian from France moving the sidewalk closer to the building and buffering a lush green infrastructure landscape that will be both function and educational. Provided a human-scaled street grid by introducing Danila Plaza at the midpoint of the site: a pedestrian- only path with ADA-compliant ramps, stairs, benches and landscaping from France to the new North-South local street and to the new storm-water basin public nature area on the west side of the site. • Along all major corridors, seventy five percent (75%) of face of building walls need to be at the setback line to support the creation of a ‘street room.’ • All new building façades in the district must have seventy five percent (75%) transparency at the ground level. Project aims to comply with this stipulation. Please see exterior elevations for this submittal. Design of building facades aim to strike a balance that adequately meets both Design Experience Guidelines and the City of Edina's Sustainable Building Policy. • All building façades are prime (including parking) and must be designed accordingly. There is no back side of a building. We have carefully considered all facades as active and human-scaled. Majority of parking is located below grade, with one small convenience surface lot on west side of building for improved accessibility and activation of primary entrance. • All facades on the first vertical 60 feet of a building (above grade) shall use natural materials facing the public realm. The building uses natural materials facing the public realm in this way. Please see exterior elevations for this submittal. • Above 50-60 feet, glass, precast panels with brick/tile are the preferred material palette. Metal panel can be used as a secondary part of a wall system. Please see exterior elevations for this submittal. • No building façade can be longer than 200’ without changing direction by a minimum of 90 degrees. The longest building facade is 220'; however, this elevation breaks at the approximate mid-point of block with an inset portion of the street- level facade. Please see site plans for this submittal. 25 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DESIGN EXPERIENCEGUIDELINES THE PUBLIC REALM EXPERIENCE: Building Form •Ground floors should have a minimum ceiling height of 20’ for flexibility. This floor-to-floor height will allow the space to accommodate commercial, two floors of parking, or two-story townhouses. First floor building height is 20 ft tall at 7250 •Above-grade parking structures should be designed with flat floorplates to allow for future conversion and lined with programmable public realm space to minimize the visual impact of car storage. Parking is enclosed and primarily located below grade. Small surface lot near main entrance of 7250 provides ease of access. •Within 50-60 feet of the ground, it is preferred that rooftops be programmed to accommodate residential or public user activities (e.g. a restaurant or terrace). Rooftop located with 50-65 ft of the ground level are programmed to offer rooftop terraces and green spaces. On the street level, the pedestrian plaza (Danila) is designed to create flexibility for a variety of uses, including providing additional outdoor seating area for the office coffee kiosk and building amenity conferencing center. •All development services, including rooftop mechanical systems, should be located within buildings and should not be visible from the public realm, or semi-private and private areas of the development. The exception are rooftop-mounted solar panels, which should be located on the highest point of the buildings. The development has all rooftop mechanical systems planned as screened from the public realm, or semi-private and private areas. The tallest mechanical equipment (i.e. cooling tower) is located on top level and projects through roof in order to reduce overall building height. •Building footprints above 60 feet should be no greater than 12,000 SF forresidential use and 24,000 SF for commercial space. Our office floorplates vary from 21,745 - 26,200 GFA. These floorplate sizes are a result of careful planning around utility consumption, natural light entering space, creating connections within space, and maximizing efficiencies. •Design buildings for flexibility and adaptability in the future, including use of structural systems that will allow a building’s function to fundamentally change. The development team has planned to accommodate a variety of users on the first floor, including but not limited to office, small commercial, and small retail. Allowing for future flexibility has been a cornerstone or our design ideas and is reflected in our structural bay sizing and construction type selection. 26 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DESIGN EXPERIENCEGUIDELINES 27 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 STREET ROOMTYPOLOGIES STREET ROOM TYPOLOGY 1A:WEST PROMENADE / TRANSITION TOCORNELIA NEIGHBORHOOD 28 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 STREET ROOM TYPOLOGY 3:NEW LOCALSTREETS STREET ROOMTYPOLOGIES 29 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 DRAWING SET (SUBMITTED AS SEPARATEDOCUMENT) DRAWING NUMBER DRAWINGNAME 08/12/22 -P.U.D.ARCHITECTURAL T1.1 TITLESHEET ● CIVIL C0.0 TITLESHEET ● C1.0 PH.1 REMOVALS PLAN ● C1.1 PH.2 REMOVALS PLAN ● C2.0 PH. 1 SITEPLAN ● C2.0A P1(A) SITEPLAN ● C2.0B P1(B) SITE PLAN ● C2.1 PH. 2 SITEPLAN ● C3.0A PH. 1 (A) GRADING PLAN ● C3.0B PH 1 (B) GRADINGPLAN ● C3.1 PH. 2 GRADINGPLAN ● C4.0A PH. 1 (A) UTILITY PLAN ● C4.0B PH 1(B) UTILITY PLAN ● C4.1 PH. 2 UTILITY PLAN ● C5.0 CIVILDETAILS ● C5.1 CIVILDETAILS ● C5.2 CIVILDETAILS ● SW1.0 SWPPP - EXISTINGCONDITIONS ● SW1.1 PH. 1 SWPPP -PROPOSED CONDITIONS ● SW1.2 PH. 2 SWPPP -PROPOSED CONDITIONS ●SW1.3 SWPPP - DETAILS ● SW1.4 SWPPP - NARRATIVE ● SW1.5 SWPPP - ATTACHMENTS ● SW1.6 SWPPP - ATTACHMENTS ● V1.0 SITESURVEY ● V1.1 SITESURVEY ● LANDSCAPE L1.1A LANDSCAPE SITE PLAN - PHASE1A ● L1.1B LANDSCAPE SITE PLAN - PHASE1B ● L1.2 LANDSCAPE SITE PLAN -PHASE2 ● L1.3 LANDSCAPE SITE PLAN - ADAROUTES ● L2.0 LANDSCAPE PLANTINGPLAN ● ARCHITECTURAL A0.1 EXISTING SITE PHOTOS (7200 &7250)● A0.2 SITE PLAN -DEMOLITION (7200 &7250)● A0.3A SITE PLAN - PHASE1A ● A0.3B SITE PLAN -PHASE 1B (7200 & 7250)● A0.4 SITE PLAN -PHASE 2 (7200 &7250)● A0.5 SITE SECTION DIAGRAMS - PHASE 1 (7200 & 7250)● A0.6 SITE SECTION DIAGRAMS - PHASE 2 (7200 & 7250)● A0.7 PHASE 1 AND 2 SITERENDERINGS ● A0.8 EXTERIOR RENDERINGS (7200 & 7250)● A0.9 EXTERIOR RENDERINGS (7200 & 7250)● A0.10 EXTERIOR RENDERINGS (7200 & 7250)● A1.1 7250 FLOOR PLANS ● A1.2 7250 FLOOR PLANS ● A1.3 7250 FLOOR PLANS ● A1.4 7250 FLOOR PLANS ●A2.1 7250 EXTERIOR ELEVATION ● A2.2 7250 EXTERIOR ELEVATION ● A2.3 7250 EXTERIOR ELEVATION ● A2.4 7250 EXTERIOR ELEVATION ● A2.5 7250 EXTERIORMATERIALS ● ELECTRICAL E0.1P ELECTRICAL SITE PHOTOMETRIC PLAN ● E0.2P ELECTRICAL SITE PHOTOMETRIC PLAN ● E0.3P ELECTRICAL SITE PHOTOMETRIC DETAIL ● SUBMITTED DRAWINGSET 30 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 SKETCH PLAN REVISIONS Sketch Plan Feedback/Comments Major Points: · Address the West Promenade Street Room typology 1A: o Incorporated multi-modal local street in north-south direction -Bikes and vehicles share this street with striped bike lanes and vegetated median strip. -Due to significant grade changes, the street itself was not determined to be appropriate location for pedestrians to share; pedestrian paths are closer to proposed buildings for safety and accessibility. o West 72 ½ street (AKA Danila Plaza) -Developed to become a pedestrian-only public realm and a network of accessible green spaces with art located at intersection with France. · Building scale and fenestration: o “75% of building walls to be at setback line to support creation of street room” - When considering Danila Plaza as “street” as defined by the applicable typologies, the proposed buildings meet this requirement. o“Allbuildingfaçades areprime(includingparking)andmustbedesignedaccordingly. There is no back side of a building. “ -Removed grocery store from program – all facades of proposed building have been carefully considered asprimewithmixofhuman-scaledglazingandnatural materials. o“All facades on the first vertical 60 feet of a building (above grade) shall usenatural materials facing the public realm.” - Natural materials have been selected for portions of all facades within first 60 feet of building above grade. o“The landscape of the West Promenade should reinforce the characteristics of the neighborhood: tree lined to make sidewalks pleasant and safe to be on, creating a green vertical street room that is always pleasant to walk down” -Danila Plaza connects the greater Southdale district through this site with a pedestrian-scaled greenway featuring a mix of native landscape, paths with seating, and spaces primed for community events and art installations. This path connects further west to the beautified retention basin nature area, and to the north-south accessible pedestrian path connecting 72nd Street to Gallagher. SKETCH PLAN FEEDBACK &RESPONSES - April 13th Planning CommissionMeeting - April 19th City Council Meeting 31 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LANDSCAPE& PUBLIC REALM: As the GreaterSouthdale Area Plan states,“a framework emerges for how streets and the public realm will be structured, the relationship of open space to buildings, and how together the designed environment will support the desired experience outcome.” The landscape design put forth as part of this development establishes a public realm that responds to the districts design guidelines. Developing street rooms, creating community space as a focal point, strengthening connections, and addressing the human scale through aestheticquality, safety,and promotion of social interaction. The design is organized around human activity, with vibrant pedestrian-focused streets, beautiful public spaces, and highlights storm water as a valued resource by making it part of the experience of the development. A more inviting walking experience along the streets is created through wide sidewalks and dedicated pedestrian street (Danila Plaza), with seating areas interspersed along the ADA accessible ramp that allows pedestriansto easily move throughoutentirety of site. These spaces between the buildings establish a network of green spaces that support the health and wellbeing of the community. The desired “Street Room Typologies” connect the development, linking experiences together from one end of the site to the other.ThisStreetRoom form createa continuous,safe,and inviting pedestrian experience along corridors and support “pools of human activity” balancing access and mobility. The streetscape is comprised of planting beds with shrubs, perennials and trees will establish the buffer along all public sidewalks between street and walk increasing permeable surface area, providing a shade canopy, and reducing solar heat gain. Plants selected for the Street Rooms are species that will tolerate the harsh conditions of their environment. Trees and plants within these areas are salt- tolerant which help to improve their longevity. Several of the tree species selected for the rest of the site are either native to Minnesota or are adapted species of natives that are better suited for their location or condition. 32 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LANDSCAPE PLAN - ADAPATH 'I IIII (I \•III III III II •I f \ L -- �� ---J;J ..! 0 0 0 0 INFILTRATION BASIN 0 0 IGREENSPACE . • "·,t· 1. • :.._:...:.·•· . • •·.' /I OVERLOOK FEATURE CONSTRUCTIONLIMITS 0 0 = 0 FUTURE MOTORCOURT • MOTORCOURT 59 • t t t n 0--+0 --+ ADA ROUTES ADA ROUTES 0 I rr L 0(_ 0(_ 0(_ 0(_ FUTURE DEVELOPMENT 7200 • •.. .. ............. .. ............. ...........�..�,.,�.. -............. 7250DEVELOPMENT 0 • 0 I� I1111 I • 0 . 08 ••••• • ••• ••• COURTYARD.•. •. •••sot i .)••• f• �❖a .... •• .. •••••r: •.•.•.._J ....."''•j- l..•. ....• • • • •• •• • • • •.1·•• ••••••• •I • ••• 0 0 0I• • •I• • •' 0 I I ASEMENT.Tl(I �, < < rll: I I Q '31DEWALKI N(") •••••••'II II:II: •••••ll• •II 0 i�\\•II\\ I PUBLIC ART/ ELEMENTI I • r.•:0 J'p 0 Q)><( uQ)c�ro,__" \\\\. \ \\\\\\\\\\ \\\\I\\\\\\ \\\\\I1 \\\\\\\\\\\\\\\\ \\\\\\\\\\\\ \\ \\ II II 0 �-CONSTftl.lCtlON LIMITS1\ 0 kI I 33 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 CIVILNARRATIVE SUMMARY: The proposed site layout includes placement of one building separated from a future building pad by a pedestrian-only connection. On-street parking, lined with landscaping will allow access and passage for pedestrians and vehicles to easily access the front entry. Crosswalks and signage will allow for controlled crossing of pedestrians with vehicles and connect to surrounding trails and public pathways. Parking for the proposed building will be met with underground parking and limitedsurface parking. GRADING: Grading around the site will match in with existing grades along the perimeter. All sidewalks and plazas within the site will be graded to ADA standards. Surface water will be directed to the on-site stormwater infiltration/detentionbasin. UTILITIES: Sanitaryandwaterservicesforthe 7250 buildingwillconnectto the site along the south property line from Gallagher Drive. A proposed water line will be brought throughthe site from Gallagher Drive to provide the required fire hydrants and the water service for the 7200 building. The proposed sanitary service for the 7200 building will come from the north off of 72nd St. Stormwater runoff from the buildings and impervious surfaces will be directed to the on- site stormwater infiltration/detention basin. The stormwater basin is designed to provide the required water abstraction, rate control and water quality control. Large rainfall events will be pumped to the existing storm sewer system in 72nd St. from the stormwater basin. 15 GallagherDrive(A Public R/W)France Ave(A Public R/W) StConc. WalkW(A7Pub2licnR/Wd)F24" RCP 24" RCP6"18" RCP 34 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 PROPOSED TOPO + DRAINAGE Conc. Walk 24" RCP6" CIP 24" RCP18" RCP Project Number: Issue Date:Revision Date: 4931 W. 35TH ST.,#200ST. LOUIS PARK, MN 55416 952.250.2003 / 763.213.394www.CivilSiteGroup.com 7200-7250 FRANCE - EDINA, MN FLOOD ZONE - PROPOSED DRAINAGE MAP DA421419 Revision Number: 6/30/22 1 9/7/22 N 42% OFDRAINAGE AREA SERVES NEIGHBORING PROPERTY 35 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. 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0.6 0.5 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.6 1.5 3.5 5.2 6.3 7.2 7.1 7.0 7.4 7.2 7.1 7.5 6.9 5.8 4.2 2.3 2.4 2.1 1.4 0.9 0.6 0.5 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.5 1.4 3.2 4.4 5.7 6.4 6.3 6.2 6.6 6.3 6.3 6.6 6.0 5.1 3.7 2.2 2.3 2.1 1.4 0.9 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.9 5.0 5.2 4.5 2.7 4.5 2.2 1.9 1.3 0.8 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.5 0.5 0.7 1.2 1.4 1.0 0.8 1.0 1.4 2.3 2.3 1.7 2.4 2.3 1.9 2.1 2.0 2.1 2.6 2.0 1.3 0.9 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.5 0.6 0.6 0.7 0.7 0.7 0.7 0.8 0.8 0.8 0.7 0.7 0.7 0.6 0.6 0.5 0.5 0.4 0.4 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.4 0.4 0.5 0.5 0.4 0.4 0.4 0.5 0.5 0.6 0.6 0.6 0.6 0.7 0.7 0.8 0.8 0.9 1.0 1.0 1.1 1.1 1.1 1.1 1.1 1.0 1.0 0.9 0.8 0.8 0.7 0.6 0.5 0.4 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.3 0.5 0.6 0.7 0.7 0.7 0.6 0.5 0.5 0.7 0.8 0.8 0.8 0.8 0.8 0.9 1.0 1.1 1.2 1.3 1.3 1.4 1.5 1.6 1.6 1.6 1.5 1.5 1.4 1.3 1.2 1.1 1.0 0.8 0.7 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.3 0.3 0.6 0.9 1.1 1.2 1.0 0.7 0.6 0.6 0.8 1.1 1.2 1.3 1.1 1.0 1.1 1.4 1.5 1.7 1.8 1.9 2.0 2.2 2.3 2.2 2.3 2.2 2.1 2.0 1.9 1.6 1.7 1.5 1.2 0.9 0.6 0.5 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.0 0.3 0.3 0.5 0.1 0.4 0.6 0.4 0.6 1.2 1.7 1.7 1.3 0.8 0.6 0.6 0.9 1.5 1.7 1.7 1.3 1.0 1.2 1.7 2.0 2.1 2.1 2.3 2.4 2.8 2.9 2.7 2.9 2.8 2.6 2.6 2.4 2.1 2.3 2.2 1.6 1.1 0.8 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 D1 D1 D1 D118'-0"18'-0"18'-0"18'-0" D1 D1 D1 D118'-0"18'-0"18'-0"18'-0" P2 P120'-0" 20'-0" P2 P120'-0" 20'-0" W1 W1 W1 W1 W1 W1 W1 W1 W11.7 1.4 0.9 0.6 0.4 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 W11.7 1.4 0.9 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 W11.5 1.7 1.0 0.6 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0W1W1W1W1W1W1 P2 P1 W1 W1 W1 W110'-0"10'-0"W110'-0"1.7 1.6 1.9 10'-0"10'-0"10'-0"10'-0" W110'-0" W110'-0" 10'-0"2.4 2.1 1.5 1.0 0.7 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 10'-0"2.0 1.8 1.3 0.9 0.6 0.5 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 10'-0" 10'-0"1.6 1.4 1.0 0.7 0.5 0.4 0.3 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 10'-0" 10'-0" 10'-0"10'-0"10'-0"10'-0"1.6 1.1 1.1 1.510'-0"10'-0"10'-0" W110'-0" W110'-0" W110'-0" 20'-0" 20'-0"10'-0" 10'-0" W110'-0" W110'-0" SCALE: 1" =20'-0" ELECTRICAL SITE PHOTOMETRICPLAN1 Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min EAST PROPERTY LINE Illuminance Fc 0.09 0.2 0.0 N.A. N.A. NORTH PROPERTY LINE Illuminance Fc 0.00 0.0 0.0 N.A. N.A. Site Calc Illuminance Fc 0.95 8.2 0.0 N.A. N.A. SOUTH PROPERTY LINE Illuminance Fc 0.56 1.0 0.1 5.60 10.00 WEST PROPERTY LINES Illuminance Fc 0.11 0.5 0.0 N.A. N.A. Front Drive Illuminance Fc 2.81 8.0 0.5 5.62 16.00 36A E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROMSOUTHWEST 36B E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROMSOUTHWEST 37 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROMNORTHEAST 38 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROMGALLAGHER 39 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROM FRANCE AVE 40 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 7250 ENTRY & DROPOFF 41 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 VIEW FROM PLAZA TOSOUTH 42 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 THANK YOU! 43 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 7250 - WEST ELEVATION LEVEL1859' -6" LEVEL2879' -6" LEVEL3893' -6" LEVEL4907' -6" LEVEL5921' -6" ROOF P1849' -6"8' -0"14' -0"14' -0"14' -0"14' -0"20' -0"10' -0"10' -0"WINDOW WALLSYSTEM SPANDREL PANEL 935' -6" ZINC FLAT LOCKCLADDING ARCHITECTURALPRECAST ROOF TERRACEW/GLASS GUARDRAIL STONE BASE SPANDREL PANEL WINDOW WALL SYSTEM METALFLASHING CURTAINWALL ARCHITECTURALPRECAST STONE BASE WINDOW WALLSYSTEM SPANDREL PANEL SCREENED MECHANICALAREA BRICK ALUMINUMPUNCHED WINDOWS 62' -0"48' -0"LIGHT FIXTURE ALUMINUMPUNCHED WINDOW MECHPENTHOUSE943' -6" LEVEL1859' -6" LEVEL2879' -6" LEVEL3893' -6" LEVEL4 P1849'-6" LEVELP2839' -6" WINDOW WALLSYSTEM SPANDREL PANEL 8' -0"14' -0"14' -0"14' -0"14' -0"20' -0"76' -0"STONE BASE FLASHING 907'-6" ALUMINUM PUNCHEDWINDOWS BRICK METALPANEL STONE BASE EXTENTSOF PARKINGSHOWNDASHED WINDOW WALLSYSTEM SPANDREL PANEL ARCHITECTURALPRECAST WINDOW WALL SYSTEM SPANDREL PANEL LEVEL5921'-6" ROOF TERRACEW/GLASS GUARDRAIL CURTAINWALL ALUMINUMPUNCHED WINDOWS ARCHITECTURALPRECAST EXTENTS OFPARKING SHOWN DASHED SCREENED MECHANICALAREA MECHPENTHOUSE943'-6" ZINC FLAT LOCKCLADDING ROOF935'-6"84' -0"7250 - EASTELEVATION 44 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 7250 - SOUTHELEVATION LEVEL 1859' -6" LEVEL2879' -6" LEVEL 3893' -6" LEVEL 4907' -6" LEVEL 5921' -6" ROOF935' -6" P1849' -6" LEVEL P2839' -6"10' -0"10' -0"20' -0"14' -0"14' -0"14' -0"14' -0"8' -0"CURTAINWALL ARCHITECTURALPRECAST STONEBASE EXTENTSOFPARKINGSHOWNDASHED ROOFTERRACE W/GLASSGUARDRAIL SCREENED MECHANICAL AREA METAL PANEL AT CANOPY 84' -0"WINDOW WALLSYSTEM SPANDREL PANEL ZINC FLAT LOCKCLADDING ROOF TERRACE W/GLASSGUARDRAIL RAMP ALUMINUM PUNCHEDWINDOWS BRICK WINDOW WALLSYSTEM SPANDREL PANEL PUNCHED ALUMINUMWINDOWS ARCHITECTURAL PRECAST EXTENTS OF PARKINGSHOWNDASHED STAIR TOWER (ROOFACCESS) MECH PENTHOUSE943' -6" LEVEL1859' -6" LEVEL2879' -6" LEVEL3893' -6" LEVEL4 LEVEL5921' -6" ROOF935' -6" P1849' -6"8' -0"14' -0"14' -0"14' -0"14' -0"20' -0"10' -0"76' -0"ROOF TERRACEW/GLASSGUARDRAIL METAL PANEL ATCANOPY WINDOW WALLSYSTEM SPANDREL PANEL BRICK ARCHITECTURALPRECAST STONE BASE 907'-6" ALUMINUM PUNCHEDWINDOWS SPANDREL PANEL WINDOW WALLSYSTEM CURTAINWALL ALUMINUMPUNCHED WINDOWS SCREENED MECHANICALAREA MECHPENTHOUSE943'-6"ZINC FLAT LOCKCLADDING 84' -0"7250 - NORTHELEVATION 45 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 7250 - EXTERIORMATERIALS LEVEL 1 MATERIALS LEVELS 2-5MATERIALS ROOFMATERIALS HYBRID WINDOW WALL - SSGSYSTEM ARCHTECTURAL PRECAST - COLOR1 STONEBASE METAL PANEL - COLOR1 METAL PANEL - COLOR1HYBRID WINDOW WALL - SSGSYSTEM ARCHITECTURALBRICK METAL PANEL - COLOR2 FLAT LOCK ZINCPANEL 46 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LEVEL1 LEVEL2879' -6" A LEVEL3893' -6" LEVEL4907' -6" LEVEL5921' -6" 935' -6" 859' -6" P1849' -6" B C E F H LEVELP2839' -6" D G P1ENTRY TEMPORARY SURFACE PARKING SHOWNDASHED BEYOND 25' -0" SETBACK FROMCURB28' -0"48' -0"20' -0"FIRSTFLRMECHPENTHOUSE943' - 6" ROOF 42' -0"79' -0" TOP OFROOF84' -0"T.O.PENTHOUSEDANILASTREET ROOM TYPOLOGY: PROMENADES AND TRANSITION ZONES GALLAGHERDRIVE STREETROOM TYPOLOGY: TRANSITION ZONE DANILAPLAZAPEDESTRIANWALKWAY W72ND STREET STREETROOM TYPOLOGY: TRANSITION ZONE LEVEL1 LEVEL2879' -6" LEVEL3893' -6" LEVEL4907' -6" 65 859' -6" P1849' -6" LEVEL P2839' -6" 321 4 STORMWATERRETENTION SETBACK FROMCURB 50' -0" 7 8 FRANCEAVENUESTREET ROOMTYPOLOGY: #1A WEST PROMENADE/TRANSITION TOCORNELIA NEIGHBORHOOD RAMP(BEYOND)48' -0"SETBACK LEVEL5921' -6" 15' -0"28' -0"78' SETBACK FROM INTERNALSTREET 35' INTERNALSTREET 5' - 91/4"62' -0"14' -0"MECHPENTHOUSE943' -6"ROOF935' -6"84' -0"PEDESTRIAN 12' -0"WALKWAY NEW NORTH-SOUTH LOCALSTREET:STREET ROOMTYPOLOGY: #3 NEW LOCALSTREETS 1PHASE 1 - NORTH / SOUTH SITESECTION A0.5 1/16" =1'-0" 2PHASE 1 - EAST / WEST SITE SECTION AT DANILA A0.5 1/16" =1'-0" 7250 - SITESECTIONS 47 E S G | A R C H I T E C T U R E & D E S I GN | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 A 859' -6" P1849' -6" B C E F H LEVELP2 D G P1ENTRY856' - LEVEL 1 PHASE2 60' -0" POTENTIAL FUTURE MIXED USE RESIDENTIAL & RETAIL BUILDING POTENTIAL BELOW-GRADE PARKING STRUCTURE84' -0"P1ENTRY 48' -0"MECHPENTHOUSE 3' -6"20' -0"DANILASTREET ROOMTYPOLOGY:PROMENADES AND TRANSITIONZONES GALLAGHERDRIVE 943' -6"ROOF 935' -6" LEVEL5 921' -6" LEVEL4 79' -0"84' -0"907' -6" STREET ROOMTYPOLOGY: TRANSITIONZONE LEVEL3 893' -6" 25'-6"SETBACK FROM CURB LEVEL2 879' -6" LEVEL1 DANILAPLAZAPEDESTRIAN WALKWAY 839' -6" W72ND STREET STREET ROOM TYPOLOGY: TRANSITION ZONE 1PHASE 2 - NORTH / SOUTH SITESECTION A0.6 1/16" =1'-0" 7250 - SITESECTIONS 48 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 A 6 5 B C E F H 3 2 1 [NoSlope](-25) D 78 G 14' - 23/4"36' -0"36' -0"36' -0"26' -0"36' -0"36' -0"6' - 101/4" 17' - 63/4"46' -0"12' -0" 12' -0"46' -0"30' -0"46' -0"8' - 11/2" AREA OF OFFICEBUILDING(ABOVE) SHOWNSHADED 10' -6"SLOPEDOWNFLATFLATFLATFLATFLATSLOPEDOWNSLOPEDOWNDEADEND4217' - 81/4"227' -1"P1PARKING:110STALLS P2PARKING: 109STALLS TOTALBELOW GRADE PARKING: 219STALLS A 6 5 B C E F H 3 2 1 ENTRANCE TOP1:849.5' (-15) TRANSFER BEAMCONDITION AT HATCHEDAREAS D 78 17' - 63/4"46' -0"12' -0" 12' -0"46' -0"30' -0"46' -0"8' - 11/2" G 14' - 23/4"36' -0"36' -0"36' -0"26' -0"36' -0"36' -0"217' - 81/4" AREA OF OFFICEBUILDING(ABOVE) SHOWNSHADED CHILLERS&ELEC FIRESUPRESSIONSLOPEDOWNFLATFLATFLATFLATFLATSLOPEDOWNSLOPEDOWNDOWN TOP210' -6"227' -1"P1PARKING: 110STALLS P2PARKING: 109STALLS TOTALBELOWGRADE PARKING:219STALLS 8' -6" 1LEVEL P2 FLOOR PLAN A1.1 1/16" =1'-0" 2LEVEL P1 FLOOR PLAN A1.1 1/16" =1'-0" 7250 - FLOORPLANS 49 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022NO PARKING DROP OFFAREA A 6 5 B C E F H 3 2 1 1A2.1 3A2.2 1A2.4 1A2.3 4 COVERED DROPOFF D 78 G 46' - 0"12' -0" 12' -0" 14' -0"32' - 0"30' - 0"46' - 0" 192' -0"6' - 10" 10' - 6"25' -6"36' -0"36' -0"26' -0"36' -0"36' -0"JANITOR ELEC WOMENMEN NORTH STAIR SOUTH STAIR EXIT CORRIDOR TRASHSTORAGE MECHANICAL ELEVATOR LOBBY RETAIL /COFFEE BUILDING LOUNGE BUILDING LOBBY SECURITY BUILDING AMENITY TOTAL ON- GRADEPARKING: 15 STALLS TENANT 2 6' - 101/4" BIKE STORAGE(6) PARKING SPACES BIKE STORAGE(8)PARKING SPACES A 5 B C E F H 3 2 1 1A2.1 3A2.2 1A2.4 6' -0"46' -0"30' -0"46' -0"6' -0" 4 MECH.6' -0"36' -0"36' -0"36' -0"26' -0"36' -0"36' -0"6' -0"218' -0"STAIR#2 134' -0" D G 1LEVEL 1 FLOOR PLAN & SITEPLAN A1.2 1/16" =1'-0" 2LEVEL 2 FLOOR PLAN A1.2 1/16" =1'-0" 7250 - FLOORPLANS 50 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 A 5 B C E F H 3 2 1 1A2.1 3A2.2 1A2.4 1A2.3 4 D G 6' - 0" 14' - 0"32' -0"30' -0"46' -0"6' -0" 134' -0"6' -0"36' -0"36' -0"36' -0"26' -0"36' -0"36' -0"6' -0"218' -0"MECH. STAIR#2 A 5 B C E F H 3 2 1 1A2.1 3A2.2 1A2.4 1A2.3 4 TRANSFER BEAM CONDITION ATHATCHED AREAS D MECH. STAIR#2 14' -0"32' -0"30' -0"46' -0"6' -0" 119' - 01/2"6' -0"36' -0"36' -0"36' -0"26' -0"36' -0"36' -0"6' -0"1' - 17/8"216' - 101/8" G STAIR#2 ROOF TERRACE UNOCC.GREENROOF UNOCC.GREENROOF 1LEVEL 3 FLOORPLAN A1.3 1/16" = 1'-0" 2LEVEL 4 FLOORPLAN A1.3 1/16" = 1'-0" 7250 - FLOORPLANS 53 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LANDSCAPE PLAN - PHASE1A I' I _/ l"�,\, 1/ ';I '.:::: I 0 1/I/.'s- 0JI"1\1A\-�0 0 0 � INFILTRATION BASIN 0 , ) f 4' ) 0 '\ I I I GREENSPACE .J,��! \L . v" • 0 OVERLOOK FEATURE 0 I IIrI #I l[oIr 11I'0 l III 0 MOTORCOURT L ,7 o_=� p;·• '1 ,I &-:� ' . :l 0 TEMPORARY OPENSPACE 0 0(__ 0(__ 0(__ 0(__ 7250DEVELOPMENT - 0 0 ,I � .1,,'\ �1'¾'1 ]1 ' 1J II'III �. 08 0�I I - �COURTYARD 0 0 0 \ l 0 0 PUBLIC ART/ ,ELBMENT < lC < ll II f - - ' - - H \ -- I \\ \\\ \\\\\\\\\\ \\\\I\\\\\\\\\\\I\ \\\\\\\\\\\\\\\\ \\\\\\\\\\\\ \\\\ IIII I I---=-� I I - 0 QJ>< ( : .�:-I r COURTYARD ccuii'.:,.LLL 0 l 0❖❖ 8,' /�0 �-ru •"•, �gl;.�I --«I ««- I �IBIIAA --_-_•:� ; -- r - - - - so- - - - - - - - - __JI -� � � �I\' -, ' ' ,'/"",',�-I 54 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LANDSCAPE PLAN - PHASE1B -w/ (UPANDSCAP DAT E E L sheets Æ �1 �::'.::£ - "\;''\, 1/',.-----f>s:4--L-3:'iiiL_',:,,-==' �"" lj/t/1\1\'.: �- 0 0 0 0 INFILTRATION BASIN 0 100 0 \ ' 0 [i_REEN SPACE 0 0 MOTORCOURT 00 �� ¼ f f f ~ III�1I�'- '<�I,,:�!I-._,\" \0 0 TEMPORARY PARKING 0 0 0 L --0- 0L 0L 0L L -COURTYARD 7250DEVELOPMENT l 0 V,/�t""."?JJ�•v r>s '; \I' �">,"� \❖08 I ICOURTYARD 8110- .,,,-,;I' 00I.t1 0❖ 0 I l '"I 'III 0�I I - I I l 0 1 0 PUBLIC ART/ \E,LBMENT __ \0';1''iIJ1 I 'I• a0 0 / COURTYARD=I 1B] 0LI 0 0 0 0 0 I I I I �, < l IC ' <rl: l 'III II\i �II\\\ \\ \\\\ \\\ \\\ \\\\ \\\\\\\\\\\\\ I\\\1\\I \\ \\\\\\\\\\\\ \\\ ll \\\\\\\ \\ \\ II 11 < 55 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 LANDSCAPE PLAN - PHASE2 56 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 Conc. Walk W(A7Pub2licnR/Wd)StL Fra(24" RCP 24" RCP6" CIP 18" RCP MAKE CORE DRILL CONNECTION TO EX. SANMH. PER CITY STANDARDS. COORD. W/ CITY AS NEEDED RIM=858.70EX IE (W)=842.70 (FIELD VERIFY) PROP IE (N)=842.70 35 LF 8" SCH40 PVC SAN.SERV.@ 2.00% 8" COMBINEDWATERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS,DETAILSANDSTANDARDS. STUB TO 5'FROM BLDG., COORD.W/MECH'L. CONNECT TO EXISTING WATER STUB. VERIFY SIZE IS 8".WET TAP CONNECTIONW/ VALVE TO EXISTINGCITYWATERMAIN 8" PVC SAN.SEWERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS, DETAILSANDSTANDARDS. STUB TO 5' FROM BLDG.IE @STUB=843.40 8" COMBINED WATER SERVICE. CONSTRUCT PER CITY OF EDINA SPECIFICATIONS, DETAILS AND STANDARDS. STUB TO 5' FROM BUILDING., COORD. W/MECH'L. CBMH 2 RIM=848.10 IE=843.42 SUMP=839.42 INSTALLSAFL BAFFLE ANDHOODHYDRANT ANDGVPERCITY STANDARDS CB1212" NYLOPLAST DRA RIM=853.19 IE=850.19 CB1112" NYLOPLAST DRAI RIM=852.96 IE=850.01 CB1312" NYLOPLAST DRAIN RIM=855.73IE=850.93 CBMH 4 RIM=852.74 IE (N)=849.04 IE (S)=849.75 IE(W)=848.63 CB612" NYLOPLAST DRA RIM=852.82 IE=849.83 CB712" NYLOPLAST DRAI RIM=853.09 IE=850.09 RIM=858.27SEE ARCH'L AND MECH'L PLANFORLOW POINTSOVER BUILDING RIM=858.27SEE ARCH'L AND MECH'L PLAN FOR LOW POINTSOVER BUILDING RIM=858.27SEE ARCH'LANDMECH'L PLAN FOR LOW POINTSOVER BUILDING 69 LF 18"HDPESTORM @14.96% 68 LF 18"HDPESTORM @6.19% 178 LF 18" SCH40PVCSTORM @ 2.00% 110 LF 15" SCH40PVCSTORM @1.50% CBMH 3 RIM=855.30 IE=846.98 CB512" NYLOPLAST DRAIN RIM=852.55IE=849.17 26 LF 12"HDPESTORM @ 0.50% 61 LF 12"HDPESTORM @0.50% 35 LF 12"HDPESTORM @0.50% 147 LF 12"HDPESTORM @0.50% 132 LF 12"HDPESTORM @0.50% 51 LF 12"HDPESTORM @0.50% CB31RIM=840.78IE=837.78 FES 51 IE=834.97 PUMP STATION1RE=842.90 IE (S)=832.73 (FIELDVERIFY) IE (NW-OUTLET)=UNKNOWN(FIELDVERIFY) IE (NE& SE)=832.47 PUMP TO TURNONAT ELEVATION833.10.CONNECT TOEXISTINGSTORM PIPES.MAX PUMP FLOW AT 0.50 CFS.OORD. W/CONTRACTOR FORFINAL PUMPSYSTEMDESIGN 25 LF 12" SCH40PVCSTORM @0.50% MH 24 RIM=847.77 IE=837.65 68 LF 12" SCH 40PVCSTORM @0.50% MH23RIM=847.79IE=839.89 CBMH22RIM=845.09 IE(W/SE)=837.31IE(NE)=839.62 SUMP=834.31 INSTALLSAFL BAFFLE ANDHOOD MH 42 RIM=854.32 IE=849.82 MH41RIM=848.88 48 LF 18" SCH40PVCSTORM @2.00% IE=844.38 RIM=858.77 SEEARCH'LAND MECH'LPLANFOR LOW POINTSOVERBUILDING 135 LF 18"HDPESTORM @4.00% 55 LF 12" SCH40PVCSTORM @0.50% 8" DIP WATERMAIN BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=837.71BLDG IE=837.81 COORD. W/MECH'L BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUB IE=839.95 BLDG IE=840.05 COORD. W/MECH'L S89°57'11"E 300.00 BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=844.44BLDG IE=844.54 COORD. W/MECH'L BLDG ROOF DRAIN AND SUMP PUMPCONNECTION.STUB IE=849.88 BLDG IE=849.98 COORD. W/MECH'L FIREDEPARTMENT CONNECTION, COORD.W/MECH'L. 8" DIP WATERMAIN FES61 IE=831.60 55 LF 12"HDPESTORM @1.50% FES1 IE=833.10 FES21 IE=833.10 UTILITIES - PHASE1A GRADING - PHASE1A CIVIL - PHASE1A Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 S89°57'11"E 300.00 Conc. Walk W(A7Pub2licnR/Wd)St Fra(24" RCP 24" RCPL6" CIP 18" RCP 57 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 Conc. Walk W(A7Pub2licnR/Wd)StL Fra(24" RCP 24" RCP6" CIP 18" RCP MAKE CORE DRILL CONNECTION TO EX. SANMH. PER CITY STANDARDS. COORD. W/ CITY AS NEEDED RIM=858.70EX IE (W)=842.70 (FIELD VERIFY) PROP IE (N)=842.70 35 LF 8" SCH40 PVC SAN.SERV.@ 2.00% 8" COMBINEDWATERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS,DETAILSANDSTANDARDS. STUB TO 5'FROM BLDG., COORD.W/MECH'L. CONNECT TO EXISTING WATER STUB. VERIFY SIZE IS 8".WET TAP CONNECTIONW/ VALVE TO EXISTINGCITYWATERMAIN 8" PVC SAN.SEWERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS, DETAILSANDSTANDARDS. STUB TO 5' FROM BLDG.IE @STUB=843.40 8" COMBINED WATER SERVICE.CONSTRUCTPER CITY OF EDINA SPECIFICATIONS, DETAILSAND STANDARDS. STUB TO 5' FROM BUILDING.,COORD.W/MECH'L. CBMH 2 RIM=848.10 IE=843.42 SUMP=839.42 INSTALLSAFL BAFFLE ANDHOODHYDRANT ANDGVPERCITY STANDARDS CB1212" NYLOPLAST DRA RIM=853.19 IE=850.19 CB1112" NYLOPLAST DRAI RIM=852.96 IE=850.01 CB1312" NYLOPLAST DRAIN RIM=855.73IE=850.93 CBMH 4 RIM=852.74 IE (N)=849.04 IE (S)=849.75 IE(W)=848.63 CB612" NYLOPLAST DRA RIM=852.82 IE=849.83 CB712" NYLOPLAST DRAI RIM=853.09 IE=850.09 RIM=855.30 IE=846.98 RIM=858.27SEE ARCH'L AND MECH'L PLANFORLOW POINTSOVER BUILDING RIM=858.27SEE ARCH'L AND MECH'L PLAN FOR LOW POINTSOVER BUILDING RIM=858.27SEE ARCH'LANDMECH'L PLAN FOR LOW POINTSOVER BUILDING 69 LF 18"HDPESTORM @14.96% 68 LF 18"HDPESTORM @6.19% 178 LF 18" SCH40PVCSTORM @ 2.00% 110 LF 15" SCH40PVCSTORM @1.50% CBMH3 CB512" NYLOPLAST DRAIN RIM=852.55IE=849.17 26 LF 12"HDPESTORM @ 0.50% 61 LF 12"HDPESTORM @0.50% 35 LF 12"HDPESTORM @0.50% 147 LF 12"HDPESTORM @0.50% 132 LF 12"HDPESTORM @0.50% 51 LF 12"HDPESTORM @0.50% CB31RIM=840.78IE=837.78 FES 51 IE=834.97 PUMP STATION1RE=842.90 IE (S)=832.73 (FIELDVERIFY) IE (NW-OUTLET)=UNKNOWN(FIELDVERIFY) IE (NE& SE)=832.47 PUMP TO TURNONAT ELEVATION833.10.CONNECT TOEXISTINGSTORM PIPES.MAX PUMP FLOW AT 0.50 CFS.OORD. W/CONTRACTOR FORFINAL PUMPSYSTEMDESIGN 25 LF 12" SCH40PVCSTORM @0.50% MH 24 RIM=847.77 68 LF 12" SCH 40PVCSTORM @0.50% MH23RIM=847.79IE=839.89 CBMH22RIM=845.09 IE(W/SE)=837.31IE(NE)=839.62 SUMP=834.31 INSTALLSAFL BAFFLE ANDHOOD MH 42 RIM=854.32 IE=849.82 MH41RIM=848.88 48 LF 18" SCH40PVCSTORM @2.00% IE=844.38 RIM=858.77 SEEARCH'LAND MECH'LPLANFOR LOW POINTSOVERBUILDING 135 LF 18"HDPESTORM @4.00% 55 LF 12" SCH40PVCSTORM @0.50% 8" DIP WATERMAIN IE=837.65 BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=837.71BLDG IE=837.81 COORD. W/MECH'L BLDG ROOFDRAIN AND SUMPPUMPCONNECTION. STUBIE=839.95 BLDGIE=840.05COORD. W/MECH'L S89°57'11"E 300.00 BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=844.44BLDG IE=844.54 COORD. W/MECH'L BLDG ROOF DRAIN AND SUMP PUMPCONNECTION.STUB IE=849.88 BLDG IE=849.98 COORD. W/MECH'L FIREDEPARTMENT CONNECTION, COORD.W/MECH'L. 8" DIP WATERMAIN FES61 IE=831.60 55 LF 12"HDPESTORM @1.50% FES1 IE=833.10 FES21 IE=833.10 UTILITIES - PHASE1B GRADING - PHASE1B CIVIL - PHASE1B Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 S89°57'11"E 300.00 Conc. Walk W(A7Pub2licnR/Wd)St Fra(24" RCP 24" RCPL6" CIP 18" RCP 58 E S G | A R C H I T E C T U R E & D E S I G N | P.U.D. C.C. MEETING - 7200 & 7250 FRANCE - EDINA, MN | 9.20.2022 Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 W 72nd StL Fra(24" RCP 24" RCP6" CIP 18" RCP MAKE CORE DRILL CONNECTION TO EX. SANMH. PER CITY STANDARDS. COORD. W/ CITY AS NEEDED RIM=858.70EX IE (W)=842.70 (FIELD VERIFY) PROP IE (N)=842.70 35 LF 8" SCH40 PVC SAN.SERV.@ 2.00% STUB SANITARY TO5' FROM BUILDINGIE @ STUB=850.26 COORD.W/MECH'L MAKE CORE DRILL ANDSADDLE-TEEConc. Walk CONNECTION TO EX.24" RCPSANITARY PER CITY OF EDINA(ASPTubAlNic DRA/WR)DS ANDSPECIFICATIONS.COORD. W/ CITY AS NEEDEDEX IE (E/W)=848.65 (FIELD VERIFY)PROP IE(S)=849.32 47 LF 8" SCH40 PVC SAN. SERV. @2.00% 8" COMBINEDWATERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS, DETAILSANDSTANDARDS. STUB TO 5'FROM BLDG., COORD.W/MECH'L. CONNECT TO EXISTING WATER STUB. VERIFY SIZE IS 8".WET TAP CONNECTIONW/ VALVE TO EXISTINGCITYWATERMAIN 8" PVC SAN.SEWERSERVICE. CONSTRUCT PERCITY OF EDINASPECIFICATIONS, DETAILSANDSTANDARDS. STUB TO 5' FROM BLDG.IE @STUB=843.40 HYDRANT ANDGVPERCITY STANDARDS 8" COMBINED WATER SERVICE. CONSTRUCT PER CITY OF EDINA SPECIFICATIONS, DETAILS AND STANDARDS. STUB TO 5' FROM BUILDING., COORD. W/MECH'L. CBMH 2 RIM=848.10 IE=843.42 SUMP=839.42 INSTALLSAFLBAFFLE ANDHOOD CB1212" NYLOPLAST DRA RIM=853.19 IE=850.19 CB1112" NYLOPLAST DRAI RIM=852.96 IE=850.01 CB1312" NYLOPLAST DRAIN RIM=855.73IE=850.93 CBMH 4 RIM=852.74 IE (N)=849.04 IE (S)=849.75 IE(W)=848.63 CB612" NYLOPLAST DRA RIM=852.82 IE=849.83 CB712" NYLOPLAST DRAI RIM=853.09 IE=850.09 RIM=858.27SEE ARCH'L AND MECH'L PLAN FOR LOW POINTSOVER BUILDING RIM=858.27SEE ARCH'L AND MECH'L PLAN FOR LOW POINTSOVER BUILDING RIM=858.27SEE ARCH'L AND MECH'L PLAN FOR LOW POINTSOVER BUILDING 69 LF 18"HDPESTORM @14.96% 68 LF 18"HDPESTORM @6.19% 178 LF 18" SCH40PVCSTORM @ 2.00% 110 LF 15" SCH40PVCSTORM @1.50% CBMH 3 RIM=855.30 IE=846.98 CB512" NYLOPLAST DRAIN RIM=852.55IE=849.17 26 LF 12"HDPESTORM @ 0.50% 61 LF 12"HDPESTORM @0.50% 35 LF 12"HDPESTORM @0.50% 147 LF 12"HDPESTORM @0.50% 132 LF 12"HDPESTORM @0.50% 51 LF 12"HDPESTORM @0.50% FES 51 IE=834.97 PUMP STATION1RE=842.90 IE (S)=832.73 (FIELDVERIFY) IE (NW-OUTLET)=UNKNOWN(FIELDVERIFY) IE (NE& SE)=832.47 PUMP TO TURNONAT ELEVATION833.10.CONNECT TOEXISTINGSTORM PIPES.AX PUMP FLOW AT 0.50 CFS.OORD. W/CONTRACTOR FORINAL PUMPSYSTEMDESIGN MH 24 RIM=847.77 IE=837.65 68 LF 12" SCH 40PVCSTORM @0.50% MH 23 RIM=847.79 IE=839.89 CBMH 22 RIM=845.09IE(W/SE)=837.31 IE(NE)=839.62 SUMP=834.31 INSTALLSAFL BAFFLE ANDHOOD MH 42 RIM=854.32 IE=849.82 48 LF 18" SCH40PVCSTORM @2.00% MH 41 RIM=848.88 IE=844.38 RIM=858.77 SEEARCH'LAND MECH'LPLANFOR LOW POINTSOVERBUILDING 135 LF 18"HDPESTORM @4.00% 55 LF 12" SCH40PVCSTORM @0.50% 8" DIP WATERMAIN BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=837.71BLDG IE=837.81 COORD. W/MECH'L BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUB IE=839.95 BLDG IE=840.05 COORD. W/MECH'L S89°57'11"E 300.00 BLDG ROOF DRAIN AND SUMP PUMP CONNECTION. STUBIE=844.44BLDG IE=844.54 COORD. W/MECH'L BLDG ROOF DRAIN AND SUMP PUMPCONNECTION.STUB IE=849.88 BLDG IE=849.98 COORD. W/MECH'L FIREDEPARTMENT CONNECTION, COORD.W/MECH'L. FIREDEPARTMENT CONNECTION, COORD.W/MECH'L. 8" DIP WATERMAIN FES61 IE=831.60 55 LF 12"HDPESTORM @1.50% FES1 IE=833.10 FES21 IE=833.10 UTILITIES - PHASE2 GRADING - PHASE2 CIVIL - PHASE2 Gallagher Drive(A Public R/W)France Ave(A Public R/W) S89°48'06"W125.00 S00°11'54"E 237.22N00°11'54"W 268.50 S89°57'11"E 300.00 Conc. WalkW 72nd St(A Public R/W)Fra(24" RCP 24" RCPL6" CIP 18" RCP Date: September 20, 2022 Agenda Item #: IX.A. To:Mayor and City Council Item Type: Advisory Communication From:Emily Bodeker, Assistant City Planner Item Activity: Subject:Receive Advisory Communication from the Heritage Preservation Commission Discussion, Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Receive advisory communication from the Heritage P reservation Commission and staff report. INTRODUCTION: The Heritage Preservation Commission (HP C) attended their annual joint meeting with City Council on June 21, 2022. At the work session, the HPC identified a number of concerns and clarifications they wanted council and staff to address. Attached is an Advisory Communication to the City Council that was written and approved by the HPC at the August 11 meeting. A staff report is also included with comments and recommendations. ATTACHMENTS: Description HPC Advisory Communication Staff Report Staff Presentation Date: August 11, 2022 To: City Council From: Heritage Preservation Commission Subject: Heritage Preservation Commission Advisory Communication Situation: At the Heritage Preservation Commission’s (HPC) last two joint meetings with Council, we raised concerns about our perceived lack of staff response to an aggressive developer violating the City’s rules for the Country Club District, an Edina Heritage Landmark. Our ongoing efforts to insist on enforcement of the City’s stated preservation policies led us to discover inconsistencies in the Plan of Treatment (POT), city code, and current practices for issuing Certificates of Appropriateness (COAs). While only two houses triggered this situation, the implications extend to preservation efforts throughout the city and into the future. Background: The Country Club District is one of Edina’s eleven Heritage Landmark resources and is also listed on the National Register of Historic Places. The district is made up of 555 homes, roughly 88% of which are currently deemed contributing resources, having been built between 1924 and 1944 and maintaining sufficient historic integrity. A significant responsibility for the HPC is reviewing all COAs in the Country Club District, using the Plan of Treatment (POT) adopted by Council in 2008 following a one-year moratorium on major construction while the original 2003 POT was revised. The primary objective of this Heritage Landmark District is preservation of the existing historic house facades and streetscape. The preferred treatment for heritage preservation resources in the district is rehabilitation, which updates properties through repair, alteration, and additions while preserving the portions that convey historic and architectural values. The HPC approved a COA in September of 2020 and as a result of the developer’s actions and the city’s lack of enforcement, a historic property in the Country Club District is no longer a contributing heritage resource. Another property purchased by the same developer is currently seeking an amendment to its original COA, approved in April of 2021. In both situations, the properties had exterior surfaces removed without proper permitting or consultation with city staff, leaving the home open to the elements for eight and five months respectively and waiting roughly a year to begin construction. (Detailed timelines for both projects are available if useful for Council’s consideration.) These two projects are not representative of Country Club, where voluntary compliance with the Secretary of the Interior’s standards for rehabilitation is the standard practice and the POT has been a largely effective tool. They do, however, provide a template for future developers who may wish to alter or deteriorate a home to such a degree that it is no longer a contributing resource and therefore may be demolished and rebuilt. These two properties created significant resident comments about violations, lack of enforcement, and extensive periods of inactivity. HPC members repeatedly raised concerns with staff and one member exceeded typical commissioner conduct, doing extensive documentation, research, and Page 2 Goal: Recommendations: Prevent the loss of contributing heritage resources in the Country Club District. 1. Ask planning staff to work with the building department to issue stop work orders in a timely manner when a COA is violated. 2. Continue the creation of the construction escrow fee policy so the city has leverage to enforce penalties and correct violations. The HPC will be shown the draft and will review and comment, per 2022 work plan. 3. Staff draft legally valid conditions to attach to COAs and present to HPC to discuss their utility and feasibility: a. engagement of Building Inspector in COA deliberations for major home renovations, outreach in an effort to urge enforcement. The HPC views this commissioner’s efforts as largely necessary to prompt action and enforcement by staff. The HPC acknowledges the significant time staff has also spent addressing these problematic properties and considering ways to avoid similar situations in the future. For example, staff has already adopted one new condition suggested by the HPC, ensuring that homes are kept weathertight throughout construction. Staff has also stated its support for revising the documents used by the HPC to ensure consistency. Currently, city code dictates COAs are needed in the District if a permit is required for any demolition (in whole or part) or new construction. The POT requires COAs if its definition of demolition is met, although it also prohibits demolition, in whole or part, for any contributing resource. The POT is clear that COAs are needed for new homes (replacing non-contributing resources) or garages. It does not specify that COAs are needed for changes to street facing facades, although that has been the practice for many years and is outlined in the current checklists. In addition, the comprehensive plan has language about when a COA is required. Assessment: The challenges presented by a developer with two concurrent construction projects in the Country Club District have revealed three main areas of vulnerability: staff enforcement of violations, inconsistencies between the city documents, and lack of tools to avoid and penalize similar situations in the future. It also highlights opportunities to build educational tools so that current and future HPC volunteers receive clear training to guide their deliberations. This communication was drafted by a subcommittee, revised after staff input, [and approved by the full commission]. We are committed to ongoing collaboration with staff and Council to ensure that the city’s stated preservation objectives are upheld fairly and consistently. Recommendation: Page 3 b. requirement that new owners review an approved COA with staff if it hasn’t been built, c. potential penalties for excessive delay and inactivity if warranted by past projects. 4. Staff explore and explain the option of COA’s expiring prior to building permit issuance. Clarify the discrepancies in city documents as to when a COA is required in CCD. 5. Staff will seek initial input from the HPC and subcommittee on unifying the instruction provided by code, POT, planning checklists, and comprehensive plan. Staff will explain the process for making these corrections and seek review and comment of changes. Improve the application process. 6. Staff review and update the application checklist and the HPC will review and comment. a. Add this requirement for street facing facade change COAs: Existing exterior elevations (or photos) of street facing facades, to scale. 7. Staff will hold applications for COAs until all required information has been submitted, including sufficient detail on COA amendment applications for HPC to make an informed decision on alignment with the POT. 8. Remove the 45-day COA timeline requirement and default to the state’s 60-day rule. With the 60- day rule, the HPC will have to review and act on COA applications within 60 days of a complete application. Build education tools that clarify and illustrate appropriate rehabilitation. [Note: both 9 and 10 are proposed work plan items under consideration.] 9. Create a decision tree schematic showing what types of construction work in the Country Club District trigger a COA. This would be utilized to educate HPC members, the public and developers. 10. Solicit consultant support to create training materials using photos of homes built during 1924- 1944 that are no longer contributing heritage resources and explaining why (i.e. excessive or inappropriate changes), as recommended in 2019 Country Club Re-Survey Report. At the June 21, 2022, City Council work session, Council and the Heritage Preservation Commission (HPC) held their annual joint meeting. The HPC identified a number of concerns they wanted Council or staff to address. Following the work session, staff worked with the HPC on creating a subcommittee of commissioners to outline the potential changes and recommendations. The subcommittee members, Lonnquist, Schilling, and Nymo, drafted an advisory communication which was approved by the Heritage Preservation Commission at their August 11th regular meeting and forwarded to City Council for consideration at the September 20th City Council meeting. The advisory communication written and approved by the Heritage Preservation Commission encompasses the commission’s perspective related to recent projects that required certificate of appropriateness applications. These are the opinions of the commission. Staff has provided a response in green. “The HPC approved a COA in September of 2020 and as a result of the developer’s actions and the city’s lack of enforcement, a historic property in the Country Club District is no longer a contributing heritage resource.” This is not the city’s official opinion on whether or not the property referenced remains a contributing resource to the Country Club District. The city takes all efforts to preserve historic resources. The following enforcement and tools used were the tools and actions that were able to be utilized throughout the COA and permitting process under current codes and policies. Those actions are: • Letter to property owner requiring compliance with property maintenance codes, noticing work without permit and maintenance of heritage landmark properties • Inquiries to permit holder on permit corrections timeline • Inquiries to permit holder on construction timeline • Requested additional information to update the building permit on conditions of walls removed • Received updated information on elevations showing removed walls throughout the construction process • Multiple site visits by planning staff and the chief building official • Required an updated COA application reviewed by the HPC for proposed changes to the COA September 20, 2022 Mayor and City Council Emily Bodeker, Assistant City Planner Heritage Preservation Commission Advisory Communication Background: STAFF REPORT Page 2 Heritage Preservation Commission Recommendation & Staff Recommendations: Goal: Recommendations: Staff Comments/Recommendation: Prevent the loss of contributing heritage resources in the Country Club District. 1. Ask planning staff to work with the building department to issue stop work orders in a timely manner when a COA is violated. 2. Continue the creation of the construction escrow fee policy so the city has leverage to enforce penalties and correct violations. The HPC will be shown the draft and will review and comment, per 2022 work plan. 3. Staff draft legally valid conditions to attach to COAs and present to HPC to discuss their utility and feasibility: a. engagement of Building Inspector in COA deliberations for major home renovations, b. requirement that new owners review an approved COA with staff if it hasn’t been built, c. potential penalties for excessive delay and inactivity if warranted by past projects. 4. Staff explore and explain the option of COA’s expiring prior to building permit issuance. 1. Planning staff will work with the building department on issuing stop work orders for COA violations when appropriate. 2. Staff has an escrow fee policy drafted. The HPC will have the opportunity to review and comment when the policy draft is finalized. The escrow fee policy will include code changes which need to be reviewed and approved by City Council. 3. Staff has drafted the following condition that has been added to recent COAs “All roofs, exterior walls, doors and windows are required to be kept weather tight through the construction process. This is to protect the integrity of the structure.” a. The building official will review all COA applications for larger building projects to provide comment and clarify portions of the project for the HPC and their review. b. New owners would be required to follow the approved COA (with permission to use approved plans). If the plans change (i.e. elevations or building materials, etc.) a new COA would be required. c. Staff can’t control the timing of a construction project. A building permit requires an inspection every 6 months to keep the permit active. Staff believes a potential escrow fee would keep structures protected from the elements. 4. Staff is proposing that COAs expire within 1 year of approval from the HPC. This is the same timeline for variances that expire. This is a change/addition to the city code which will come to City Council for approval. Clarify the discrepancies 5. Staff will seek initial input from the HPC and subcommittee on unifying the 5. Staff will continue to work on potential code changes and changes to the plan of STAFF REPORT Page 3 in city documents as to when a COA is required in CCD. instruction provided by code, POT, planning checklists, and comprehensive plan. Staff will explain the process for making these corrections and seek review and comment of changes. treatment. This is necessary to clarify the process and process requirements. When the code and plan of treatment are drafted/amended staff will update the application checklists. Staff will solicit a review and comment for application requirements that significantly increase application costs for applicants and ask for City Council final approval. Improve the application process. 6. Staff review and update the application checklist and the HPC will review and comment. a. Add this requirement for street facing façade change COAs: Existing exterior elevations (or photos) of street facing facades, to scale. 7. Staff will hold applications for COAs until all required information has been submitted, including sufficient detail on COA amendment applications for HPC to make an informed decision on alignment with the POT. 8. Remove the 45-day COA timeline requirement and default to the state’s 60- day rule. With the 60-day rule, the HPC will have to review and act on COA applications within 60 days of a complete application. 6. Application checklists will be updated to reflect code changes. Staff proposes that COA applications should be due 30 days prior to the HPC meetings, similar to variance applications, to verify there is enough time for the appropriate staff to review the application. a. This change will be made with the application checklist updates. 7. Staff will only accept completed applications to ensure the 60-day clock starts when a complete application is received. 8. Staff proposes to remove the 45-day COA timeline that is currently in the city code and default to the states 60-dy rule. Build education tools that clarify and illustrate appropriate rehabilitation. [Note: both 9 and 10 are proposed work plan items under consideration.] 9. Create a decision tree schematic showing what types of construction work in the Country Club District trigger a COA. This would be utilized to educate HPC members, the public and developers. 10. Solicit consultant support to create training materials using photos of homes built during 1924-1944 that are no longer contributing heritage resources and explaining why (i.e. excessive or inappropriate changes), as recommended in 2019 Country Club Re-Survey Report. 9. This is something that can be completed when code changes/process changes are approved and complete. This project should be a 2023 Planning Division work plan item and the HPC will review and comment. 10. This will be added as a potential 2023 work plan item for the HPC. Engaging an additional consultant may have a funding impact to the Planning Division. STAFF REPORT Page 4 Conclusion/Next Steps Staff will continue drafting proposed changes to the city code and country club plan of treatment and will continue with the creation of a potential escrow fee policy. Once drafted, the potential code and plan of treatment, and escrow fee policy would go to the Heritage Preservation Commission for review and comment. The code and plan of treatment changes, and escrow fee policy, will need to be reviewed by the Planning Commission and ultimately approved by City Council. The code changes and changes to the plan of treatment should be the first items to be completed. After those changes are approved, updated checklists, visuals, and education can be created based on the updated requirements and processes. The anticipated timeline for potential changes is to be reviewed and approved by the end of 2022 and implementation early 2023. Date: September 20, 2022 Agenda Item #: IX.B. To:Mayor and City Council Item Type: Report / Recommendation From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Resolution No. 2022-79: Approving Right-of-Way Easement Vacation at 5304 Whiting Avenue Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt Resolution No. 2022-79 approving right-of-way easement vacation at 5304 Whiting Avenue. INTRODUCTION: An application was received on August 1 requesting that a utility easement be vacated at 5304 Whiting Avenue. The public hearing was closed at noon on September 12. No comments were received. ATTACHMENTS: Description Resolution No. 2022-79: Approving Right-of-Way Easement Vacation at 5304 Whiting Avenue Public Hearing Notice Application RESOLUTION NO. 2022-79 VACATING PUBLIC UTILITY EASEMENT 5304 WHITING AVENUE WHEREAS, an application was received on August 1, 2022, from Dennis Savory and Polly Savory of 5304 Whiting Avenue, requesting that the 5304 Whiting Avenue public utility easement be vacated; and WHEREAS, two weeks published and posted notice was given and the hearing was held on September 7, 2022, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the City Council has determined that the public utility easement is not needed for public purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota: 1. That the following described public utility is hereby vacated: The portion of the area on the recorded plat of Savory Addition, Hennepin County, Minnesota, designated as "utility easements" and described as follows: The North IO feet of the East 24 feet of Lot 7, Block 2, Sav01y Addition, and the North 10 feet of Lot 8, Block 2, Savory Addition, Hennepin County, Minnesota 2. The vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, if any, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. 3. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to affect the transfer of this property. Adopted this 20th day of September, 2022. Attest: Sharon Allison, City Clerk Kevin Staunton, Acting 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 September 20, 2022, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _____ day of __________, 2022. _______________________________ City Clerk Public Hearing Notice City Council, 7 p.m. Wednesday, September 7 August 25, 2022 English: This and other public hearing notices can be viewed online at EdinaMN.gov/PublicNotices. Español: Este y otros avisos de audiencia pública se pueden ver en línea en EdinaMN.gov/PublicNotices. Soomaali: Tan iyo ogeysiisyo kale oo dhagaysi dadweyne ayaa lagu daawan karaa onlayn ahaan EdinaMN.gov/PublicNotices. Vacation of Utility Easement at 5304 Whiting Avenue LEGAL DESCRIPTION OF EASEMENT: The portion of the area on the recorded plat of Savory Addition, Hennepin County, Minnesota, designated as "utility easements" and described as follows: The North IO feet of the East 24 feet of Lot 7, Block 2, Savory Addition, and the North 10 feet of Lot 8, Block 2, Savory Addition, Hennepin County, Minnesota. REQUEST: Vacate Utility Easement at 5304 Whiting Avenue. HOW TO PARTICIPATE: Public hearing input can be provided in a variety of ways to the Planning Commission and City Council. Options 1 & 2 are available now: 1) Complete the Public Hearing Comment Form online at: www.bettertogetheredina.org/public-hearings 2) Leave a voicemail with your feedback. (952-826-0377) Options 3 & 4 are available the night of the public hearing meetings: 3) Watch the meeting and call in to provide testimony. a. Edina TV (Comcast Channels 813 or 16) b. Facebook.com/EdinaMN c. EdinaMN.gov/LiveMeetings City Council: Call in to provide live testimony at the September 7 meeting, 1-800-374-0221. The Conference ID 949937. 4) Attend the meetings to provide testimony, City Hall Council Chambers, 4801 W. 50th St. DEADLINES: The City Council is scheduled to make a decision at its September 20 meeting. FURTHER INFORMATION: City of Edina Engineering, 7450 Metro Blvd, Edina, MN 55439, 952-826-0371 To view the proposed easement vacation, visit the Better Together Edina website for this specific project at: www.bettertogetheredina.org/5304-whiting-avenue EPIC PROPERTY SERVICES FILE NUMBER: 2150756 DATE: 6/20/2022 EPIC PROPERTY SERVICES, INC. PROPERTY SKETCH 40 Scale 203.54' 201+ 65.00' Wria ri WEllirta 0 4.,4 vnefro 24.00 roc, -6 ke Qac.2.4-0 A CA ENCROACHED 122.00' WHITING AVE 5304 WHITING AVE EDINA THIS IS NOT A SURVEY NOR SHOULD THIS BE USED AS A SURVEY TO LOCATE FUTURE IMPROVEMENTS. This drawing is for residential mortgage informational purposes only. The information relating to the property dimensions is based upon the recorded plat or maps in the county records The improvements location and dimensions shown are approximate and based upon a visual inspection. 1/4 CO Date: September 20, 2022 Agenda Item #: IX.C. To:Mayor and City Council Item Type: Report / Recommendation From:Scott H. Neal, City Manager Item Activity: Subject:Ordinance No. 2022-12: Establishing a Municipal Licensing and Regulatory System for THC-Infused Edibles and Drinks Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Ordinance No. 2022-12, establishing a municipal licensing and regulatory system for THC-Infused edibles and drinks, and grant first reading. INTRODUCTION: The Council gave Ordinance 2022-12 a first reading and approval at your September 7 meeting. At the September 7 meeting, Council gave direction to staff to make amendments to the proposed penalty section of the ordinance. Staff have inserted the modified penalty schedule and now seeks second reading/final approval of Ordinance 2022-12. If adopted, the ordinance becomes effectively immediately. ATTACHMENTS: Description Ordnance No. 2022-12: THC Infused Edibles and Drinks ORDINANCE NO. 2022-12 AN ORDINANCE ESTABLISHING A MUNICIPAL LICENSING AND REGULATORY SYSTEM FOR THC-INFUSED EDIBLES AND DRINKS THE CITY COUNCIL OF EDINA ORDAINS: Section 1: Chapter 12, Businesses, of the Edina City Code is amended to include the following; ARTICLE XII. - SALE OF THC; LICENSING DIVISION 1. - GENERALLY Sec. 12-540. – Purpose. The City Council finds that current state law of clarifying the sale of edible and non-edible tetrahydrocannabinol (“THC”) products has created a rapid introduction of new products into our community. The U.S. Surgeon General has offered guidance that THC products present a significant potential threat to public health, safety, and welfare, and particularly to youth and adolescents and their brain development. While the sale of some edible and nonedible THC products is legal in Minnesota, marijuana remains a prohibited substance under federal law and therefore the partial legalization of THC products on a state level presents special challenges. The Council finds that there is a public health necessity for regulation related to sales and distribution of THC Products within the City. To balance the interests of effectively regulating THC Products while not placing an undue burden upon businesses, the City Council finds that a licensing model is most appropriate to ensure compliance with the laws and business standards of City and state. The City Council desires to prevent young people from consuming THC illegally and to ensure that retailers sell legal THC products in a safe manner to persons of who are of legal age to consume them. This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to Minn. Stat. §152.22 to 152.37. Sec. 12-541. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Minor means any natural person who has not yet reached the age of 21 years. Movable place of business means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Place of Worship means church, synagogue, temple, mosque, or other facility used for religious services. Retail sale means any transfer of goods for money, trade, barter or other consideration. School means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. THC is the chemical compound tetrahydrocannabinol whether derived naturally or synthetically from the cannabis plant. THC-related product or THC-related device means any products containing THC that is intended for human consumption or to enable human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a THC product, including, but not limited to, joints, blunts, edibles, flowers, buds, tinctures, and other kinds and forms of THC. This includes electronic delivery devices. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses THC or THC-related products or THC-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the THC, THC-related product or THC-related devices. DIVISION 2. - LICENSE Sec. 12-542. - Required. No person shall keep THC, THC-related products or THC-related devices for retail sale or sell THC, THC-related products or THC-related devices at retail in the city without first obtaining a license from the city. No license shall be issued for the sale of THC, THC-related products or THC-related devices: (1) at a movable place of business (2) from a vending machine or (3) to a person under the age of 21. Sec. 12-543 - License procedure. The provisions of Sections 12-19 to 12-68 of this city code shall apply to all licenses required by this article and to the holders of such licenses, except that licenses shall be issued or denied by the sanitarian. The applications for a license shall be on forms provided by the sanitarian and shall be accompanied by the fee set forth in section 2-724. Sec. 12-544. - Term of license. Each license issued pursuant to this article shall expire on March 31 of each calendar year. DIVISION 3. - RULES AND REGULATIONS Sec. 12-545. – Licensee Violations. It shall be a violation of this article for any person to sell or offer to sell any THC, THC-related products or THC-related devices: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. (3) From a movable place of business (4) By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the THC, THC-related products or THC-related devices. All such products shall be stored behind a counter or other area not freely accessible to customers. (5) Containing any chemical compound or drug that is otherwise a controlled substance under Minnesota law, Minn. Stat. §152.02 subd. 2. (6) By any other means or to any other person prohibited by state or other local laws, ordinances or other regulations. (7) That fails to meet the labelling requirements as established in Minn. Stat. §151.72 subds. 5 and 5a. (8) That fails to meet the testing requirements as established in Minn. Stat. §151.72 subd. 4. Sec. 12-546. Responsibility for sales. The license holder is responsible for all actions occurring on the licensed premises. Actions of employees at the licensed establishment regarding the sale of any THC, THC-related products or THC-related devices shall be considered a sale by the licensed owner. Sec. 12-547. - Sampling. Sampling or consumption of THC, THC-related products or THC-related devices within an establishment selling any THC, THC-related products or THC-related devices is prohibited. All products must remain sealed while on the licensed premises. Sec. 12-548. - Use of false identification. No person under the age of 21 shall attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Sec. 12-549. - Compliance checks and inspections. (a)All licensed premises shall be open to inspection by the city and other authorized officials during regular business hours. (b)From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with persons over 15 years but less than 21 years, to enter the licensed premises to attempt to purchase THC, THC-related products or THC-related devices. (1)Prior written parental consent is required for any minor who participates in a compliance check. (2)Persons used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. (3)Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor unlawful possession of THC, THC-related products or THC- related devices when such items are obtained or attempted to be obtained as part of the compliance check. (4)No person used in the compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age for which he or she is asked. (c)Nothing in this article shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law. DIVISION 4. - ENFORCEMENT; PENALTIES Sec. 12-550. - Violations. The notification and hearing process set forth in this division will apply to violations of this article. Sec. 12-551. - Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violations and which shall inform the alleged violator of his rights to be heard on the accusation. Sec. 12-552. - Hearings. If a person accused of violating this division so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Sec. 12-553. - Hearing officer. The city council shall serve as the hearing officer until such time a hearing officer is appointed by the city council. Sec. 12-554. - Decision. If the hearing officer determines that a violation of this article did occur, that decision along with the reasons for finding a violation and the penalty to be imposed under section 12-558, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Sec. 12-555. - Appeals. Appeals of any decision made by the hearing officer shall be filed in Hennepin County district court. Sec. 12-556. - Misdemeanor prosecution. Nothing in the article shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, an administrative penalty may also be imposed. Sec. 12-557. - Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Sec. 12-558. - Penalties. The following administrative penalties will be applied as set forth in this section: (1)Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of: a.$500.00 for the first violation of this article; b.$1,000.00 for the second offense at the same licensed premises within a 36-month period; c.$1200.00 for a third offense at the same location within a 36-month period and the license shall be suspended for not less than seven days; and d.$1500.00 for a fourth offense at the same location within a 36-month period. In addition, after the fourth offense, the license shall be revoked. (2) Other individuals. Other individuals, other than minors regulated by subsection (3) of this section, found to be in violation of this article shall be charged an administrative fee of $50.00. (3) Underage persons. Persons under 21 years of age who use false identification to purchase or attempt to purchase, THC, THC-related products or THC-related devices shall be guilty of a misdemeanor. (4) Misdemeanor. Nothing in this article shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. First Reading: Sept. 7, 2022 Second Reading: Sept. 20, 2022 ATTEST: _________________________ _________________________ Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send one affidavit of publication. Bill to Edina City Clerk Date: September 20, 2022 Agenda Item #: IX.D. To:Mayor and City Council Item Type: Report / Recommendation From:Scott H. Neal, City Manager Item Activity: Subject:Resolution No. 2022-84: Adopting the Proposed Budget and Establishing the Proposed Tax Levy Payable in 2023 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt Resolution No. 2022-84 approving the proposed Budget and establishing the proposed Tax Levy payable in 2023. INTRODUCTION: M.S. 275.065 requires that the City adopt a proposed budget and levy and certify the proposed levy to the county auditor by September 30. The county auditor will use this information to prepare and send parcel specific notices between November 11 to 24. T he City is also required to certify the final property tax levy to the county by December 27, 2022. The final levy may be less than or equal to, but not higher, than the preliminary levy. The attached resolution sets the maximum proposed 2023 tax levies at $49,610,800. The HRA adopted a proposed tax levy of $244,400 at their meeting on September 15. The total of all levies including the HRA would result in an overall levy increase of 9.89% percent. T he impact of the proposed levy on the median value home ($659,900 in 2023) is a 3.15% decrease in city property taxes to $1,971 annually ($164/month). ATTACHMENTS: Description Resolution No. 2022-84 Adopting the Proposed Budget and Establishing the Proposed Tax Levy Payable in 2023 2023 Preliminary Tax Levy Staff Presentation RESOLUTION NO. 2022-84 A RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE CITY OF EDINA FOR YEAR 2023, AND ESTABLISHING THE PROPOSED TAX LEVY PAYABLE IN 2023 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS: Section 1. 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 as follows: FOR GENERAL FUND $39,820,200 FOR CONSTRUCTION FUND $6,560,400 LEVY FOR PAYMENT OF CIP PLAN BONDS – SERIES 2016A (Fire) $403,000 LEVY FOR PAYMENT OF CIP PLAN BONDS – SERIES 2021B (PW) $1,269,000 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS – SERIES 2014 (Dome) $1,166,000 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS – SERIES 2015A (Gym) $392,000 TOTAL TAX CAPACITY LEVY $49,610,600 Section 2. That the preliminary 2023 budget for the City of Edina is as follows: TOTAL REVENUES – GOVERNMENTAL FUNDS $82,485,325 TOTAL EXPENDITURES – GOVERNMENTAL FUNDS $82,456,086 TOTAL REVENUES – ENTERPRISE FUNDS $58,007,909 TOTAL EXPENDITURES – ENTERPRISE FUNDS $54,541,151 TOTAL REVENUES – INTERNAL SERVICE FUNDS $ 6,991,192 TOTAL EXPENDITURES – INTERNAL SERVICE FUNDS $ 6,875,810 Approved this 20th day of September 2022. Attest: Sharon Allison, City Clerk Kevin Staunton, Acting 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 September 20, 2022, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of __________, 20___. _______________________________ City Clerk CITY OF EDINA Proposed Tax Levies Budget Budget 2019 2020 2021 2022 2023 General Fund Levies General Operating Levy 30,009,121$ 32,021,243$ 33,986,471$ 36,708,036$ 39,820,200$ General Fund Subtotal 30,009,121 32,021,243 33,986,471 36,708,036 39,820,200 Increase From Prior Year (%)5.32%6.71%6.14%8.01%8.48% Arts and Culture Fund Levies Arts and Culture 20,000 20,000 20,000 - Arts and Culture Fund Subtotal 20,000 20,000 20,000 - - Increase From Prior Year (%)0.00%0.00%0.00%-100.00% Debt Service Fund Levies City Hall Debt Service 952,000 952,000 - - - Gymnasium Debt Service 390,000 391,000 392,000 392,000 392,000 Fire Station Debt Service 406,000 402,000 402,000 403,000 403,000 Public Works Facility Debt Service 1,695,000 1,688,000 1,695,000 1,269,000 1,269,000 Sports Dome 1,168,900 1,163,300 1,162,400 1,168,000 1,166,000 Debt Service Fund Subtotal 4,611,900 4,596,300 3,651,400 3,232,000 3,230,000 Increase From Prior Year (%)0.70%-0.34%-20.56%-11.49%-0.06% Construction Fund Levies Capital Improvement Plan Levy 300,000 800,000 2,000,000 2,000,000 2,000,000 Equipment Levy 1,930,000 2,030,000 2,130,000 2,240,000 2,350,000 Street Special Levy 950,000 1,210,400 Weber Woods*400,000 - - - - Special Park Improvement Levy - - - - 1,000,000 Construction Fund Subtotal 2,630,000 2,830,000 4,130,000 5,190,000 6,560,400 Increase From Prior Year (%)2.45%7.60%45.94%25.67%26.40% HRA Fund Levies HRA Operating Levy 160,000 192,000 230,400 237,300 244,400 HRA Fund Subtotal 160,000 192,000 230,400 237,300 244,400 Increase From Prior Year (%)28.00%20.00%20.00%2.99%2.99% Total Property Tax Levy 37,431,021$ 39,659,543$ 42,018,271$ 45,367,336$ 49,855,000$ Increase From Prior Year (%)4.60%5.95%5.95%7.97%9.89% The CITY of EDINA 2023 Draft Preliminary Budget Levy and 2023-2028 Draft Capital Improvement Plan September 20, 2022 The CITY of EDINA www.EdinaMN.gov 2 The CITY of EDINABiennial Budget Process 2022 (Even Year) First year of 2022- 2023 Budget Review/approve of 2023-2028 CIP 2023 (Odd Year) Second year of 2022- 2023 Budget Approve 2024-2025 budget, including CIP levy www.EdinaMN.gov 3 The CITY of EDINABudget Pillars City infrastructure, facilities, technology, and equipment meets community needs now and in the future. City planning fosters healthy, connected, sustainable development that enriches the lives of current and future residents. City government fosters an inclusive, informed and engaged community. City services enhance the safety, wellbeing, and quality of life experienced in Edina. The CITY of EDINABudget Goals and Values 5 Budget Pillars: The broad goals that must be achieved by every budget. Budget Values: The beliefs that guide decision-making. Budget Strategies: The specific actions, projects, and targets to strengthen the pillars in this two-year budget. The CITY of EDINABudget Values Stewardship • We make wise investments that focus on the best long-term value for residents. Equity • We provide equitable opportunities for people to participate in their City government and access City institutions, facilities, and services. Health • We use a Health-in-All Policies approach to promote and protect the physical, mental, and social wellbeing of all people who live, work, or visit Edina. Sustainability • We ensure that our policies, decisions, and plans have a positive impact on people and the planet now and for future generations. The CITY of EDINA www.EdinaMN.gov 7 Edina Consolidated Budget $140M Governmental Funds $80M General Fund $52.2M Debt Service Fund $6M Construction Fund $14.5M Special Revenue Funds, including HRA $7.2M Enterprise Funds $53M Utility Fund $23.5M Liquor Fund $15.2M Park Enterprises $14.3M Internal Service Funds $7M Risk Management $1.1M Equip. Operations $2M IT $2.3M Facilities $1.4M 2022 Budget The CITY of EDINA www.EdinaMN.gov 8 Approved Tax Levy 2021 2022 2023 General Fund 33,986,471$ 36,708,036$ 38,947,298$ 6.14% 8.01% 6.10% Arts/Culture 20,000$ -$ -$ 0% -100% N/A Debt Service 3,651,400$ 3,232,000$ 3,230,000$ -20.56% -11.49% -0.06% Construction 4,130,000$ 4,240,000$ 4,350,000$ 45.94% 2.66% 2.59% Special Street -$ 950,000$ 1,210,400$ 0% N/A 27.41% HRA 230,400$ 237,300$ 244,400$ 20.00% 2.99% 2.99% Total Tax Levy 42,018,271$ 45,367,336$ 47,982,098$ % Increase 5.95% 7.91% 5.76% The CITY of EDINA •Increased competition, wages, and labor shortages, •Budgeted 2.0% in 2022 and 3.0% in 2023, market was significantly higher •Union contracts settled at 2.0% (2022) and 4.25% (2023) •Workers' compensation increases primarily due to public safety •Estimated market value increased significantly by 12.4% and the Median Value Home increased 15% •Opportunity to increase investment in capital needs while still reducing property taxes for individual home owners Changes Since December 2021 www.EdinaMN.gov 9 The CITY of EDINAEstimated Market Value (B) 9.4 9.1 8.9 9.0 9.8 10.4 10.9 11.6 12.4 12.9 13.3 15.5 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 www.EdinaMN.gov 10 The CITY of EDINA www.EdinaMN.gov 11 Preliminary Budget Budget Budget Budget Change 2021 2022 2023 2023 2022 to 2023 General Fund Levies General Operating Levy 33,986,471$ 36,708,036$ 38,947,298$ 39,820,200$ General Fund Subtotal 33,986,471 36,708,036 38,947,298 39,820,200 3,112,164 Increase From Prior Year (%)6.14% 8.01% 6.10% 2.24% 8.48% Arts and Culture Fund Levies Arts and Culture 20,000 - Arts and Culture Fund Subtotal 20,000 - - Increase From Prior Year (%)0.00% -100.00% Debt Service Fund Levies Gymnasium Debt Service 392,000 392,000 392,000 392,000 Fire Station Debt Service 402,000 403,000 403,000 403,000 Public Works Facility Debt Service 1,695,000 1,269,000 1,269,000 1,269,000 Sports Dome 1,162,400 1,168,000 1,166,000 1,166,000 Debt Service Fund Subtotal 3,651,400 3,232,000 3,230,000 3,230,000 (2,000) Increase From Prior Year (%)-20.56% -11.49% -0.06% 0.00% -0.06% Construction Fund Levies Capital Improvement Plan Levy 2,000,000 2,000,000 2,000,000 2,000,000 Equipment Levy 2,130,000 2,240,000 2,350,000 2,350,000 Street Special Levy 950,000 1,210,400 1,210,400 Special Park Improvement Levy - - - 1,000,000 Construction Fund Subtotal 4,130,000 5,190,000 5,560,400 6,560,400 1,370,400 Increase From Prior Year (%)45.94% 25.67% 7.14% 17.98% 26.40% HRA Fund Levies HRA Operating Levy 230,400 237,300 244,400 244,400 HRA Fund Subtotal 230,400 237,300 244,400 244,400 7,100 Increase From Prior Year (%)20.00% 2.99% 2.99% 0.00%2.99% Total Property Tax Levy 42,018,271$ 45,367,336$ 47,982,098$ 49,855,000$ 4,487,664$ Increase From Prior Year (%)5.95%7.97% 5.76%3.90%9.89% Approved The CITY of EDINA2023 Estimated Levy Impacts •The 2021 median valued home of $571,800 (MVH) pays about $142 per month in property taxes to fund all City provided services for the 2022 tax year. •The 2022 MVH has increased by 15% to $659,900 and overall EMV increased 12.4% for taxes payable in 2023. •With a 9.89% property tax levy increase, the effect on the 2023 MVH would be about a: •- 3.15% decrease in City property taxes. •- $64.06 decrease per year, or savings of about $5.34 per month. www.EdinaMN.gov 12 The CITY of EDINAPROPOSED 2023 Preliminary Tax Levy www.EdinaMN.gov 13 •Additional $872,902 General Operating Levy •General wage increases, market adjustments, worker’s compensation increases and all other inflationary increases •Additional $1,000,000 Special Park Improvement Levy •Capital Needs for Parks and Recreation Facilities The CITY of EDINA2023 Estimated Levy Impact Median Value Home 2022 Paid (Monthly) 2023 Proposed (Monthly) % Decrease $ Decrease $571,800 $142 $138 -2.8% -$4 $659,900 $164 $159 -3.5% -$5 www.EdinaMN.gov 14 2023 Proposed Preliminary Levy Increase of 9.89% Edina Median Value Home 2021 2022 Change $547,800 $659,900 15% Edina Estimated Market Value 2021 2022 Change $13.3M $15.5M 12.4% The CITY of EDINA2022 Property Tax Distribution www.EdinaMN.gov 15 Hennepin County 30% City of Edina 23% Edina School District 40% Watershed, Metro Districts, & Other 7% The CITY of EDINAProperty Tax History www.EdinaMN.gov 16 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 City tax $1,082 $1,102 $1,140 $1,195 $1,266 $1,319 $1,393 $1,474 $1,566 $1,623 $1,715 Total tax $5,410 $5,449 $5,606 $5,835 $6,276 $6,367 $6,715 $6,982 $7,251 $7,119 $7,551 Median Value $403,100 $396,300 $399,700 $438,800 $457,300 $466,500 $501,000 $530,650 $548,500 $551,300 $571,800 $1,082 $1,715 $5,410 $7,551 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 "Median" Value Home The CITY of EDINAProperty Tax History www.EdinaMN.gov 17 $999 $1,091 $4,522 $5,365 $4,881 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $400,000 Edina Home Property Tax History City tax Total tax The CITY of EDINAMedian Home – CPI Adjusted www.EdinaMN.gov 18 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Median Value $432,700 $411,500 $403,100 $396,300 $399,700 $438,800 $457,300 $466,500 $501,000 $530,650 $548,500 $551,300 $571,800 Total City (2003 dollars)$859 $854 $867 $869 $884 $927 $972 $991 $1,021 $1,062 $1,115 $1,117 $1,061 Total Tax (2003 dollars)$4,147 $4,153 $4,333 $4,298 $4,347 $4,527 $4,872 $4,782 $4,922 $5,030 $5,128 $4,992 $4,672 $859 $1,061 $4,147 $4,672 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000"Median" Home Property Tax History Adjusted for CPI (2003 dollars) The CITY of EDINAProjected CIP Levy www.EdinaMN.gov 19 *Future Fire Station 2 debt service levy is an estimate Preliminary Budget Budget Budget Budget Change Projection Projection Projection Projection Projection Projection 2021 2022 2023 2023 2022 to 2023 2024 2025 2026 2027 2028 2029 Debt Service Fund Levies Gymnasium Debt Service 392,000 392,000 392,000 392,000 392,000 398,000 - - - - Fire Station Debt Service 402,000 403,000 403,000 403,000 403,000 406,000 403,000 404,000 - - Public Works Facility Debt Service 1,695,000 1,269,000 1,269,000 1,269,000 1,508,000 1,512,000 1,508,000 1,506,000 1,506,000 456,750 Sports Dome 1,162,400 1,168,000 1,166,000 1,166,000 1,168,700 1,165,100 1,166,100 1,166,400 1,164,800 1,166,400 Fire Station 2 Debt Service* 2,304,800 3,086,700 3,090,200 3,091,400 3,089,100 Debt Service Fund Subtotal 3,651,400 3,232,000 3,230,000 3,230,000 (2,000) 3,471,700 5,785,900 6,163,800 6,166,600 5,762,200 4,712,250 Increase From Prior Year (%)-20.56% -11.49% -0.06% 0.00% -0.06% 7.48% 66.66% 6.53% 0.05% -6.56% -18.22% Construction Fund Levies Capital Improvement Plan Levy 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,400,000 2,400,000 3,000,000 4,000,000 Equipment Levy 2,130,000 2,240,000 2,350,000 2,350,000 2,470,000 2,590,000 2,720,000 2,860,000 3,000,000 3,150,000 Street Special Levy 950,000 1,210,400 1,210,400 1,480,840 1,761,600 2,053,000 2,355,400 2,669,000 2,994,200 Special Park Improvement Levy - - - 1,000,000 1,000,000 400,000 400,000 400,000 400,000 1,000,000 Construction Fund Subtotal 4,130,000 5,190,000 5,560,400 6,560,400 1,370,400 6,950,840 6,751,600 7,573,000 8,015,400 9,069,000 11,144,200 Approved The CITY of EDINANext Steps •Certify Preliminary Tax Levy tonight •Based on Council input, continue to refine budget •Public Hearing and adoption of 2023 Budget/Levy and CIP on Dec. 6 www.EdinaMN.gov 20 The CITY of EDINAQuestions/Discussion www.EdinaMN.gov 21 Date: September 20, 2022 Agenda Item #: X.A. To:Mayor and City Council Item Type: Minutes From:Grace Hancock, Sustainability Manager Item Activity: Subject:Minutes: Energy & Environment Commission Aug. 11, 2022 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Information only. INTRODUCTION: Receive the August 11, 2022, minutes of the Energy & Environment Commission. ATTACHMENTS: Description EEC Minutes: August 11, 2022 Agenda Energy and Environment Commission City Of Edina, Minnesota City Hall - Mayors Conference Room Meeting will take place in person. Masks are optional. Thursday, August 11, 2022 7:00 PM I.Call To Order Chair Martinez called the meeting to order at 7:04pm. II.Roll Call Answering roll call were Chair Martinez, Vice Chair Horan, Commissioners Haugen, Lanzas, Lukens, Tessman and Schima Late: Commissioner Dakane arrived at 7:11pm Absent: Commissioners Haugen, Hovanec, and Student Commissioner Shumway III.Approval Of Meeting Agenda Motion by Michelle Horan to Approve Meeting Agenda. Seconded by Hilda Martinez Salgado. Motion Carried. IV.Approval Of Meeting Minutes A.Minutes: Energy and Environment Commission July 14, 2022 Motion by Cory Lukens to Approve Meeting Minutes. Seconded by Hilda Martinez Salgado. Motion Carried. V.Special Recognitions And Presentations A.Special Presentation: Time of Sale Energy Disclosure EEC received an informational presentation from Center for Energy and Environment on the topic of Time of Sale Energy Disclosure. VI.Community Comment No community comment was received During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers 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 Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to staff for consideration at a future meeting. VII.Reports/Recommendations A.2022 WP #1: Support Natural Habitat EEC voted to approve the EEC proposed amendment to City ordinance regarding residential tree protection, and to approve the ETC proposed ordinance regarding boulevard tree management. EEC asked staff to review language regarding whether the escrow "may" or "shall" be applied, and asked staff to review the practicality of the 36 month arborist review of trees in place to fully recover escrow available. These issues will be addressed in the accompanying staff memo to Council. EEC agreed that these ordinance proposals should be advanced to Council for their consideration and approval. Motion by Hilda Martinez Salgado to Approve proposed tree ordinances for advancement to Council. Seconded by Stephen Schima. Motion Carried. B.Monthly call for communication requests Staff Liaison Hancock called for any communication requests from the EEC pertaining to their work plan initiatives. Commissioners asked how the public was being notified about watering restrictions, and if the City could increase its communication on the topic. Commissioners asked if residents receive an annual mailer related to a "recycling refresher." C.2023 Workplan Development Discussion EEC finalized a list of 2023 work plan initiative proposals. EEC agreed to prioritize the initiatives via email ahead of their September meeting where the work plan will be approved for submittal to Council. VIII.Chair And Member Comments Chair Martinez invited all Members to make comments around the room. IX.Staff Comments X.Adjournment The EEC meeting was adjourned at 8:55pm. Motion by Bayardo Lanzas to Adjourn. Seconded by Hilda Martinez Salgado. Motion Carried. T he City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: September 20, 2022 Agenda Item #: X.B. To:Mayor and City Council Item Type: Minutes From:Perry Vetter, Parks & Recreation Director Item Activity: Subject:Minutes: Parks & Recreation Commission Aug. 8, 2022 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Receive the minutes from the Aug. 8, 2022, P arks & Recreation Commission meeting. INTRODUCTION: See attached minutes. ATTACHMENTS: Description Minutes: Parks & Recreation Commission Aug. 8, 2022 Draft Minutes☐ Approved Minutes☒ Approved Date: 9/13/2022 Minutes City of Edina, Minnesota Edina Parks & Recreation Commission Braemar Golf Course Aug. 8, 2022 7 p.m. I. Call to Order Vice-chair Good called the meeting to order at 7:01 p.m. II. Roll Call Answering roll call were Commissioners Doscotch, Good, Pfuhl, Spanhake, Strother and Welsh Absent: Commissioners Weaver, Ites, Haas and Student Commissioners Jha and Presthus Staff present: Staff Liaison Perry Vetter, Assistant Director Parks and Natural Resources Tom Swenson, Assistant Director Recreation & Facilities Tracy Petersen, Administrative Coordinator Janet Canton, Parks Intern Rachel Salzer and Economic Development Manager Bill Neuendorf III. Approval of Meeting Agenda Change in meeting agenda removing Item VII.B., Centennial Lakes Park Update. Motion made by Doscotch to approve the Aug. 8, 2022 meeting agenda as amended. Motion seconded by Spanhake. Motion carried. IV. Approval of Meeting Minutes A. Parks & Recreation Commission May 10, 2022 Motion made by Pfuhl to approve the May 10, 2022 minutes. Motion seconded by Strother. Motion carried. B. Parks & Recreation Commission June 14, 2022 Motion made by Doscotch to approve the June 14, 2022 minutes. Motion seconded by Welsh. Motion carried. V. Special Recognitions and Presentations A. Introduction of Parks & Recreation Summer Intern Assistant Director Petersen introduced Parks & Recreation Intern Rachel Salzer. Ms. Salzer reviewed her summer experience and intern history. Commissioners asked Ms. Salzer questions regarding her park intern experience. VI. Community Comment None Draft Minutes☐ Approved Minutes☒ Approved Date: 9/13/2022 VII. Reports/Recommendations A. Grandview Yard, 5146 Eden Avenue, Project Update Economic Development Manager Neuendorf updated the Commission on Grandview Yard. Staff answered Commission questions. The Commission liked the plans for the Grandview Yard and looked forward to future updates. B. 2022 Work Plan Discussion Initiative #1 - Present Information about Parks and Recreation Facilities, Services, and Systems with up to Six Community Groups. Commissioner Good indicated he has parceled out the parts of Initiative #1 which each member is going to work on with the intent of coming up with a second draft in August. A decision still needs to be made on how to present this. Initiative #2 – Report and provide recommendations on alternative funding sources for park related improvements including parks, facilities, and enterprise upgrades. Nothing to report. Initiative #3 – Research Opportunities to Expand Volunteer Assistance for Park Initiatives. Commissioner Strother updated the Commission on volunteer opportunities. Initiative #4 – Provide Support with Educational Opportunities for the Local Option Sales Tax in the Community as Needed. No update given. Initiative #5 – Review and Comment on Amendments to the Park Ordinances Being Recommended by Staff for Update. No update given. Initiative #6 – Review and Comment on the Proposed Grandview Plan. Mr. Neuendorf made a presentation and updated the Commission on the proposed Grandview Plan. C. 2023 Work Plan Development Discussion Staff Liaison Vetter reviewed the 2023 Work Plan goals. He reviewed the 2023 Work Plan options for the Climate Action Plan, and the Park Comprehensive Plan. He explained the goal is to discuss this during the summer months and have a solid recommendation in September for presenting to the City Council in October. He recommended taking the list and prioritize the higher priority initiatives. The Commission discussed 2023 Work Plan initiative ideas and listed possible items: 1. 2022 Initiative #1 Continuation 2. 2022 Initiative #2 Continuation 3. Grandview Yard Park Development 4. Supporting Potential Fred Richards and Braemar Arena Projects Commissioner Doscotch and Good volunteered to draft the initiatives for 2023. VIII. Chair and Member Comments Received Draft Minutes☐ Approved Minutes☒ Approved Date: 9/13/2022 IX. Staff Comments A. Upcoming 2022 Meetings and Events Received X. Adjournment Motion made by Strother to adjourn the Aug. 8, meeting at 9:07 p.m. Motion seconded by Spanhake. Meeting adjourned. Date: September 20, 2022 Agenda Item #: XI.A. To:Mayor and City Council Item Type: From: Item Activity: Subject:Prep Memo for Sept. 20, 2022 CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: ATTACHMENTS: Description Prep Memo for Sept. 20, 2022 1 Sharon Allison From:Scott H. Neal Sent:Tuesday, September 20, 2022 3:48 PM To:Kevin Staunton; Ron Anderson; Carolyn Jackson Cc:Lisa Schaefer; Sharon Allison Subject:Prep Memo for September 20, 2022 Work Session and Council Meeting Good Afternoon Everyone – Our Work Session will be dedicated to a review of the proposed budget and tax levy; the staff recommendation for utility rates; and, a discussion of the fiscal operations of our Parks & Rec enterprises. I have not received any requests or notice to remove anything from the Council meeting Consent Agenda. Staff are making a slight modification to our dais seating arrangement for tonight’s meeting. The dais will look more balanced if there is one Council Member on either side of the Mayor. With James out and Kevin moving to the center, we are going to move Ron to Kevin’s immediate right side and slide Carolyn over to Kevin’s immediate left side. Sharon and I will stay where we are normally seated. If anyone has questions about the union contract on the agenda tonight, please let me know privately. I’ll get you answers. The timeline for adoption of the preliminary 2023 maximum property tax levy is very important. We must accomplish this action at tonight’s meeting in order to meet the state’s statutory timeline. If asked, Chief Milburn can make some general comments about the Homecoming issue, but because the matter is still under investigation, he will not be able to answer direct questions. The Police are meeting with Edina Schools this afternoon, so there may be some news to report from that, possibly. That’s all I have for right now. Scott