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2025-01-07 City Council Meeting Packet
Meeting location: Edina City Hall Council Chambers 4801 W. 50th St. Edina, MN City Council Meeting Agenda Tuesday, January 7, 2025 7:00 PM Participate in the meeting: Watch the meeting on cable TV or YouTube.com/EdinaTV. Provide feedback during Community Comment by calling 312-535- 8110. Enter access code 2870 341 2980. Password is 5454. Press *3 on your telephone keypad when you would like to get in the queue to speak. A staff member will unmute you when it is your turn to speak. Accessibility Support: The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927- 8861 at least 72 hours in advance of the meeting. 1. Call to Order 2. Roll Call 2.1. Administer Oath of Offices 3. Pledge of Allegiance 4. Approval of Meeting Agenda 5. 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. 5.1. City Manager's Response to Community Comments 6. 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 roll call vote of majority of Council Members present to approve, unless otherwise noted in consent item.) 6.1. Minutes: City Council Work Session and Regular, Dec. 9, 16 and 17, 2024 Page 1 of 545 6.2. Payment of Claims 6.3. Resolution No. 2025-01: Designating Official Newspaper for 2025 6.4. Resolution No. 2025-02: Signatory Resolution 6.5. Resolution No. 2025-03: Designating Official Depositories 6.6. Resolution No. 2025-04: Designation of Director and Alternate Director of LOGIS 6.7. Resolution No. 2025-05: Designating Director and Alternate Director of Suburban Rate Authority 6.8. Resolution No. 2025-06: Authorizing Facsimile Signatures by Public Officials 6.9. Resolution No. 2025-08: Approving Mayor's Appointment of the Commissioners of the Housing and Redevelopment Authority for the City of Edina 6.10. Annual Appointment of Assistant Weed Inspector 6.11. Resolution No. 2025-07: Accepting Minnesota Chiefs of Police Foundation Grant 6.12. Approve Redevelopment Agreement for 7200 France Ave Apartments and First Amendment to the 7200-7250 Redevelopment Agreement 6.13. Request for Purchase: Professional Services for Storm Water and Sanitary Sewer Modeling 6.14. Request for Purchase: Professional Services for Final Design & Bidding Documents for Wooddale Avenue Bridge 6.15. Request for Purchase: Change Order #1 for Professional Services for Sustainability Policy 6.16. Approve 2025-2026 Union Contract for LELS Local 529 Dispatchers 6.17. Request for Purchase: Change Order for Rehabilitation of Well 15 6.18. Approve Out-of-State Travel for Mayor Hovland 6.19. Summary Publication for Ordinance Nos. 2024-12 and 2024-13 6.20. Approve Temporary On-Sale Intoxicating Liquor License for the Church of St. Patrick 6.21. Adopt 2025 Legislative Platforms Page 2 of 545 7. Special Recognitions and Presentations 7.1. Hennepin County Commissioner Heather Edelson Update 7.2. Recognize the Mountain Biking/Cycling Club at Edina High School 8. Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) 8.1. Resolution No. 2025-09: Accepting Donations 8.2. Resolution No. 2024-120: Variance Appeal for 5605 McGuire Road 8.3. Appointment of Acting Mayor 9. Commission Correspondence (Minutes and Advisory Communication) 9.1. Minutes: Energy and Environment Commission, Nov. 14, 2024 9.2. Minutes: Human Rights and Relations Commission, Nov. 20, 2024 9.3. Minutes: Transportation Commission, Oct. 24 and Nov. 21, 2024 10. Manager's Comments 10.1. City Manager Goals for 2025 11. Mayor and Council Comments 11.1. Council Member Goals for 2025 12. Adjournment Page 3 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 2.1 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Administer Oath of Offices Action Requested: None. Information/Background: City Clerk Allison will administer the oath of office for City Council to re-elected Mayor James Hovland, Council Members Carolyn Jackson and James Pierce. The oath of office for the Housing and Redevelopment Authority will also be administered to Commissioners Jackson and Pierce. Supporting Documentation: None Page 4 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 5.1 Prepared By: Sharon Allison, City Clerk Item Type: Other Department: Administration Item Title: City Manager's Response to Community Comments Action Requested: None, information only. Information/Background: Responses to questions posed during Community Comment at the last meeting were posted on the City’s website at https://www.edinamn.gov/2051/Responses-to-Community-Comment. City Manager Neal will provide summaries of those responses during the meeting. Supporting Documentation: None Page 5 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.1 Prepared By: Sharon Allison, City Clerk Item Type: Minutes Department: Item Title: Minutes: City Council Work Session and Regular, Dec. 9, 16 and 17, 2024 Action Requested: Approve minutes as presented. Information/Background: Supporting Documentation: 1. Minutes: Regular, Dec. 9, 2024 2. Minutes: Special Work Session, Dec. 16, 2024 3. Minutes: Work Session, Dec. 17, 2024 4. Minutes: Regular, Dec. 17, 2024 Page 6 of 545 Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 9, 2024 6:00 P.M. I.0 CALL TO ORDER Mayor Hovland called the meeting to order at 6:01 p.m. 2.0 ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Hovland. 3.0 PLEDGE OF ALLEGIANCE 4.0 MEETING AGENDA – APPROVED Member Pierce made a motion, seconded by Member Jackson, approving the meeting agenda. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 5.0 PUBLIC HEARING 5.1 RESOLUTION NO. 2024-115, PRESIDENTS A & B NEIGHBORHOOD ROADWAY CONSTRUCTION, IMPROVEMENT NO. BA-466 – CONTINUED TO DECEMBER 17, 2024 City Engineer Millner discussed the 2025 Street Reconstruction Program and presented information regarding infrastructure spending, pavement condition index, utility infrastructure, and 2025 project area. Transportation Planner Andrew Scipioni discussed the guiding objectives and proposed improvements to the project. Transportation Planner Scipioni also presented information regarding existing multi-modal facilities, Pedestrian and Bicycle Master Plan, and proposed multi-modal facilities. Transportation Planner Scipioni also discussed the proposed changes to Monroe Avenue, Belmore Lane, and Washington Avenue. Assistant City Engineer Aaron Ditzler presented the project details for the Presidents A & B neighborhood, proposed watermain improvements, proposed sanitary sewer improvements, proposed storm sewer improvements, existing roadway conditions, existing alley conditions, proposed alley improvements, right- of-way impacts, non-standard driveways, proposed roadway improvements, and local street standards. The Council asked questions regarding the benefits of reducing the street widths from 30 feet to 27 feet, reasons for removing the parking lane from the North side of the street, traffic calming, pavement condition index in the Presidents neighborhood, why Maloney Avenue is not included, and existing sidewalks. The Council expressed concerns regarding sod being the standard method. Transportation Commissioner Andy Lewis stated that this is the chance to redevelop this road and to do what is in the City’s Pedestrian and Bicycle Master Plan. Transportation Commissioner Lewis discussed their desire to get input and perspective from the Council and residents. The Council asked questions regarding the minimum width of a shared-use path, safety of on-street bicycle riding, safety for e-bike riders, and speed and volume data from Washington Avenue. Transportation Commissioner Lewis stated that on-street bicycle lanes edge towards more safety for the bike riders and pedestrians compared to shared-use paths. City Engineer Millner stated that the average daily traffic (ADT) on Washington Avenue is 3000 cars and speeds of 39 miles per hour. Page 7 of 545 Minutes/Edina City Council/December 9, 2024 Page 2 Assistant City Engineer Ditzler presented more information regarding estimated project costs, special assessments, residential equivalent units, estimated roadway assessments, estimated gravel alley assessments, market benefit estimate, assessment payment options, and project schedule. The Council asked questions regarding why everything related to the watermain is being replaced, alleys are not being impacted, and how water is supplied to homes during the replacement of watermains. Assistant City Engineer Ditzler stated that based on the acoustical testing of the watermain and the history of watermain breaks over the years, they have seen enough deterioration to have a need to replace the entire watermain. Assistant City Engineer Ditzler stated they will be laying a temporary above-ground watermain and a water service connection that will tie into the spigot of the home to provide temporary water. Mayor Hovland opened the public hearing at 7:28 p.m. Public Testimony Aaron Hill, 323 Monroe Avenue S, addressed the Council. Nancy Hart, 323 Madison Avenue S, addressed the Council. Marissa Esterley, 321 Washington Avenue, addressed the Council. Rhonda Krolak, 404 Adams Avenue S, addressed the Council. Joe Esterley, 323 Adams Avenue, addressed the Council. John Nightingale, 306 Monroe Avenue, addressed the Council. Thomas Wendel, 302 Monroe Avenue, addressed the Council. Nick Wimmer, 415 Van Buren Avenue S, addressed the Council. The Council wondered if the online public comment could remain open past December 11, 2024, to give residents more time to respond. City Engineer Millner updated that all online comments made from now until Thursday, December 12, 2024, at noon, will be included in the December 17, 2024, City Council packet, and all comments made after that will be included in the link shared with the City Council. Member Agnew made a motion, seconded by Member Jackson, to close the in-person public hearing, keep online public comment open until the December 17, 2024, City Council meeting, and continue action to consider approval of Presidents A & B Neighborhood Roadway Reconstruction, Improvement No. BA-466, to the December 17, 2024, City Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. The Council asked questions regarding parking on Belmore Avenue, the order of streets for the project, and safety data on semi-trucks and on-street bike lanes. City Engineer Millner updated that there will be a reduction in parking on Belmore Avenue, but they would now have sidewalks and a shared-use path to use to get to the park. The Council asked questions regarding clay vs. gravel alleys, clarification on Municipal State Aid (MSA) roads, and what the City will be maintaining. Assistant City Engineer Ditzler added that gravel alleys are considered an impervious surface, the same as asphalt. Page 8 of 545 Minutes/Edina City Council/December 9, 2024 Page 3 City Engineer Millner stated that residents would only be responsible for maintaining 5 feet of the sidewalk, not the whole 8 feet. City Engineer Millner stated that the City would be responsible for maintaining Maloney Avenue, the sidewalk through the Park, and Blake Road. Transportation Planner Scipioni clarified that the costs of the sidewalks and shared-use paths are not in the assessment and are paid by the Pedestrian and Cyclist Safety Fund. The Council discussed peak parking at Alden Park and overflow into the neighborhood, week-by-week expectations for the duration of the project, and the reasoning behind the sidewalk system in the City. Assistant City Engineer Ditzler stated that the reasoning behind the proposed sidewalk on Monroe Avenue is that it extends all the way to Excelsior Boulevard, is adjacent to Alden Park and Harley Hopkins Park, and it provides a connection to a metro transit stop. Transportation Planner Scipioni stated that the City is trying to encourage people to use other modes of transportation rather than just single occupancy vehicles and to do this they are trying to provide the infrastructure for people to walk, bike, etc., safely. 6.0 MANAGER’S COMMENTS – None 7.0 MAYOR AND COUNCIL COMMENTS – Received 8.0 ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 8:34 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, January 7, 2025. James B. Hovland, Mayor Video Copy of the December 9, 2024, meeting available. Page 9 of 545 MINUTES OF THE EDINA CITY COUNCIL WORK SESSION CLOSED MEETING COMMUNITY ROOM, CITY HALL MONDAY, DECEMBER 16, 2024 6:00 P.M. CALL TO ORDER Mayor Hovland called the meeting to order at 6:15 p.m. ROLL CALL Answering roll call were Members Jackson, Pierce, Risser, and Mayor Hovland. Member Agnew arrived at 6:15 p.m. Others in attendance: Consultant Charles “Chad” Weinstein, Ethical Leaders in Action; Jennifer Garske, Executive Assistant (left after roll call); Scott Neal, City Manager MOTION TO CLOSE SESSION as permitted by MS 13D.05, Subd. 3 to conduct the City Manager Performance Review. Member Pierce made a motion, seconded by Member Jackson, to close the meeting as permitted by MS 13D.05, Subd. 3 to conduct the City Manager Performance Review. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. CITY MANAGER PERFORMANCE REVIEW The City Council conducted City Manager Neal’s annual performance review. MOTION TO MOVE BACK INTO OPEN SESSION Member Agnew made a motion, seconded by Member Jackson to move back into open session. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ADJOURNMENT Mayor Hovland adjourned the meeting. Respectfully submitted, ____________________________________________ Sharon Allison, City Clerk Minutes approved by the Edina City Council, January 7, 2025. ___________________________________________ James B. Hovland, Mayor Page 10 of 545 Page 1 MINUTES OF THE EDINA CITY COUNCIL WORK SESSION COMMUNITY ROOM, CITY HALL TUESDAY, DECEMBER 17, 2024 5:15 P.M. 1.0 CALL TO ORDER Mayor Hovland called the meeting to order at 5:17 p.m. 2.0 ROLL CALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Mayor Hovland. Absent: None Staff in attendance: Scott Neal, City Manager; Ari Lenz, Assistant City Manager; Zoe Johnson, City Management Fellow; Marisa Bayer, Sustainability Manager; Stephanie Hawkinson, Affordable Housing Development Manager; Cary Teague, Community Development Director; Chad Millner, Engineering Director; Jennifer Bennerotte, Communications Director; Perry Vetter, Parks & Recreation Director; Bill Neuendorf, Economic Development Manager; Addison Lewis, Community Development Coordinator; Katie Bisek, IT Specialist; and Sharon Allison, City Clerk. Others in attendance: Planning Commission members 3.1 2025 LEGISLATIVE PLATFORMS – REVIEW OF RECEIVED COUNCIL FEEDBACK Manager Neal gave an explanation of the need for staff, when they are speaking with legislators and lobbyists, to hold positions consistent with what the Council actually wants. City Management Fellow Johnson reviewed feedback the Council had been given related to the 2025 Legislative Platforms. The Council asked questions of staff and discussed: Fred Richards/Braemar Arena projects and sales tax; the importance of sticking with what the voters were told; sticking with the primary concentration related to bonding of the potential interchange improvement on Highway 100; feelings that consideration of expanding the local sales tax spending may be premature; importance of considering other revenue sources; things that the residents have asked for related to how expenses are managed; discomfort with the City being the lead for funding support for entrepreneurs and second-stage businesses instead of the Chamber of Commerce; proposed TIF financing legislation for 70th and France/72nd and France depending on the timing; and possible extension of the TIF to 10 years. The Council reached consensus to direct staff to remove: expansion of local sales tax spending; funding support for entrepreneurs and second-stage businesses; keeping the TIF Financing Legislation for 70th and France/72nd and France, as proposed, in order to keep options open from the 2025 legislative platforms. Manager Neal suggested that the Council table this item for the time being in order to move the discussion onto the second agenda item because there were a lot of people present at the meeting for that topic. 3.2 ZONING SUBDIVISION ORDINANCE AUDIT REPORT Community Development Coordinator Lewis explained the purpose of conducting the zoning subdivision ordinance audit; reviewed guidance from the League of Minnesota Cities, and outlined the next steps in the process. Jeff Miller, HKGi, presented the audit report, key findings for zoning districts, supplemental regulations, key development procedures, and zoning and subdivision code structure; and outlined details behind the recommendations made by HKGi. Page 11 of 545 Minutes/Edina City Council Work Session/December 17, 2024 Page 2 The Council asked questions of staff and discussed parcels that were not zoned residential, but functioned as residential; PUD projects in the City; the possibility of accomplishing having the missing middle both economically and architecturally; the overall desired outcomes for amendments to the zoning code; concerns frequently heard related to the City’s zoning code; the need for a balance and stipulations in the code so it was not just left to be handled by variances; standards for determining non-conforming lots; when public hearings would be held; the predominant recommendation from HKGi to better align the districts with the 2040 Comprehensive Plan; coming up with standards for expectations for single family residential based on lot sizing; how long it would take to undertake a full overhaul rather than going with a phased approach; the goal of finishing this before the next Comprehensive Plan; how the City can maintain better ordinance ‘posture’; expected reluctance of neighborhoods to change their circumstances since 92% of the City’s property was within the R-1 district; hesitancy about the map included in the Comprehensive Plan related to the number of units per acre because some factors, such as the areas of town mass transit or sewer capacity are not great, did not seem to be considered; creation of a specific zoning that would allow townhomes, but not necessarily making it one particular area in the City; importance of having a conversation of where the City should at least target having medium density housing; what these changes may do to the City’s ability to ask developers to include affordable housing and comply with the City’s green building policy; and the importance of defining to residents the net benefits of density. Other discussion points included possible work session meetings in order to get both Planning Commission and City Council feedback on possible changes to the Comprehensive Plan before it would formally be presented for a decision. 4.0 ADJOURNMENT Mayor Hovland adjourned the meeting at 6:50 p.m. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, January 7, 2025. James B. Hovland, Mayor Page 12 of 545 Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 17, 2024 7:00 P.M. I.0 CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. 2.0 ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Hovland. 3.0 PLEDGE OF ALLEGIANCE 4.0 MEETING AGENDA – APPROVED Member Jackson made a motion, seconded by Member Agnew, approving the meeting agenda. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 5.0 COMMUNITY COMMENT Ralph Zickert, 4311 Cornelia Circle, discussed TIF and what it consists of as well as Edina’s TIF districts. 5.1. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS City Manager Neal responded to Community Comments from current and past meetings. 6.0 CONSENT AGENDA – ADOPTED Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda as revised to remove Item 6.3, Ordinance No. 2024-12, Amending Chapter 2 of the City Code, Setting Fees for 2025 and grant Second Reading, as follows: 6.1. Approve regular and work session meeting minutes of December 3, 2024 6.2. Approve Claims for Payment for Check Register Pre-List Dated November 27, 2024, totaling $1,246,445.71, Check Register Claims Pre-List Dated December 6, 2024, totaling $3,224,272.83 6.3. Ordinance No. 2024-12, Amending Chapter 2 of the City Code, Setting Fees for 2025 and grant Second Reading 6.4. Legal Services Agreement with Leach Law Office, LLC 6.5. Request for Purchase, Architectural and Engineering Services for Fred Richards Park Facility, awarding the bid to the recommended low bidder, OPN Architects at $281,740 6.6. Request for Purchase, Sonetics Portable Wireless System, awarding the bid to the recommended low bidder, Sonetics Corporation at $24,594 6.7. Encroachment Agreement with 4311 Kipling Avenue 6.8. Request for Purchase, Electric Vehicle Chargers for Fire Station 2, awarding the bid to the recommended low bidder, Carbon Day EV Charging at $38,832 6.9. Request for Purchase, Furniture for Fire Station 2, awarding the bid to the recommended low bidder, Fluid Interiors at $267,262 6.10. Request for Purchase, Physical Conditioning Equipment for Fire Station 2, awarding the bid to the recommended low bidder, Johnson Fitness & Wellness at $98,868 6.11. Request for Purchase, Professional Services for South Trunk Sanitary Sewer Improvements, awarding the bid to the recommended low bidder, Bolton Menk at $830,103 6.12. Adopt Resolution No. 2024-119, Setting Ambulance and Miscellaneous Fire Fees for 2025 Page 13 of 545 Minutes/Edina City Council/December 17, 2024 Page 2 6.13. Request for Purchase, 2025 Mental Health and Resiliency Program Contract for Fire Department, awarding the bid to the recommended low bidder, Blue Peak Consulting at $26,250 6.14. Approve First Amendment of Antenna Lease Agreement 6.15. Approve Contract for Government Relations Services for the 2025 Legislative Session Representation 6.16. 2025 Board and Commission Reappointments 6.17. Approve Temporary Intoxicating On-Sale Liquor License for Northwest Tonka Lions Club 6.18. Approve New On-Sale Wine and 3.2 Percent Malt Liquor License for Fired up Pizzeria Inc., dba Fired Up Pizzeria 6.19. Summary Publications for Ordinance Nos. 2024-08 and 2024-09 Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 6.3. ORDINANCE NO. 2024-12, AMENDING CHAPTER 2 OF THE CITY CODE, SETTING FEES FOR 2025 AND GRANT SECOND READING – ADOPTED Executive Director Neal stated that it is consistent with past City Council practice to pull any matter that had a previous divided vote. Member Risser made a motion to grant Second Reading adopting Ordinance No. 2024-12, Amending Chapter 2 of the City Code, Setting Fees for 2025. Member Pierce seconded the motion. Ayes: Jackson, Pierce, Hovland Nays: Agnew, Risser Motion carried. 7.0 SPECIAL RECOGNITIONS AND PRESENTATIONS 7.1. TREE CAMPAIGN AWARDS – RECOGNIZED Energy and Environment Commission Vice Chair John Haugen presented the background information on the Tree Recognition Campaign and presented pictures of all the 2024 awards being given out. 8.0 PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. 8.1. APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A VARIANCE REQUEST AT 5605 MCGUIRE ROAD – CONTINUED TO JANUARY 7, 2025 Assistant City Planner Kris Aaker presented background information on the project including the request, site location, landscape plan, existing and proposed coverage, landscape permit submittal/engineering, findings for denial, findings for approval, and the Planning Commission’s recommendation. The Council asked questions regarding other houses on this street with the same driveway that can access and use it, who maintains the driveway, and calculating percentages of coverage. The Council asked if there are any issues around neck lots and the creation of driveways to serve neck lots that may influence their decision-making. City Attorney Kendall stated that variance standards for uniqueness should be applied to this property. Josh Koller, Southview Design, discussed the uniqueness of the property and the proposed improvements. Scott and Elizabeth Joing, homeowners at 5605 McGuire Road, stated that they were discouraged by the Planning Commission’s denial and gave information regarding why they are requesting the variance. The Council asked questions regarding the proposed run-off basin. Mr. Koller stated that there would be landscaping surrounding the whole area to mitigate water. City Engineer Millner added that this project would require a stormwater permit. Page 14 of 545 Minutes/Edina City Council/December 17, 2024 Page 3 Mayor Hovland opened the public hearing at 7:55 p.m. Public Testimony No one appeared to comment. Member Pierce made a motion, seconded by Member Agnew, to close the in-person public hearing, keep public comment open until Sunday, December 29, 2024, and continue action to consider approval of the appeal of the Planning Commission’s denial of a variance request at 5605 McGuire Road, to the January 7, 2025, City Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.2. RESOLUTION NO. 2024-117, VACATING RIGHT-OF-WAY EASEMENT AT 5805 MAIT LANE – ADOPTED City Engineer Millner presented information on the project regarding existing easements, requests, and utilities. Mayor Hovland opened the public hearing at 7:59 p.m. Public Testimony No one appeared to comment. Member Agnew made a motion, seconded by Member Jackson, to close the public hearing. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Member Jackson introduced and moved adoption of Resolution No. 2024-117, Vacating Right- of-Way Easement at 5805 Mait Lane. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.3. RESOLUTION 2024-116, VACATING RIGHT-OF-WAY EASEMENT AT 7250 FRANCE AVENUE – ADOPTED City Engineer Millner presented information regarding the existing easements on the property and utilities. Mayor Hovland opened the public hearing at 8:03 p.m. Public Testimony No one appeared to comment. Member Jackson introduced and moved adoption of Resolution No. 2024-116, Vacating Right- of-Way Easement at 7250 France Avenue. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.0 REPORTS / RECOMMENDATIONS 9.1. RESOLUTION NO. 2024-118 ACCEPTING DONATIONS – ADOPTED Mayor Hovland explained that in order to comply with State Statutes, all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Jackson introduced and moved adoption of Resolution No. 2024-118 accepting various grants and donations. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Page 15 of 545 Minutes/Edina City Council/December 17, 2024 Page 4 9.2. ORDINANCE NO. 2024-13, AMENDING EFFICIENT BUILDING BENCHMARKING – FIRST READING GRANTED AND SECOND READING WAIVED – ADOPTED Sustainability Manager Bayer presented information on the Efficient Buildings Ordinance update regarding the overview, background on Edina’s current program, new Statewide Benchmarking Program, affected buildings, alignment with State program, peer cities with Benchmarking programs, Energy and Environment Commission perspective, and recommended Ordinance amendments. The Council asked how many Class 3 buildings in the City that are not in compliance. Bayer stated that 17% of the 95 buildings in Class 3 were not compliant with the benchmarking policy last year. The Council asked questions regarding the logistics of benchmarking and how data is reported. Member Jackson made a motion to grant First and waive Second Reading adopting Ordinance No. 2024-13, Amending Efficient Building Benchmarking. Member Risser seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.3. RESOLUTION NO. 2024-107, COMPREHENSIVE PLAN AMENDMENT – APPROVED, RESOLUTION NO. 2024-108, REZONING AND SITE PLAN WITH VARIANCES FOR 6016 VERNON AVENUE – DENIED Community Development Director Teague gave a brief overview of the project and the proposal of the applicant, and discussed the feedback received on BetterTogether. The Council asked what conditions of approval could be added to the project such as liquor licenses and noise ordinances. City Clerk Allison clarified that this project would not qualify for a liquor license because the City requirement is 30 seats in a restaurant and they are only proposing 22 seats. The Council asked if the City had grounds for denial, or if they would have a risk of being sued if they do deny this project or future projects. City Attorney Kendall advised that the Council has the discretion to deny the Comprehensive Plan Amendment and variance applications for this project. The Council asked questions regarding overflow parking, mitigation of smells, parking on Vernon Avenue, and variances required for a second-story addition. Jesse Hamer, Architect Momentum Design Group, stated that they will be looking at equipment that mitigates odors, such as filtration systems. The Council expressed concerns regarding safety, spot zoning, market, and adverse impact on the immediate neighborhood. The Council gave feedback regarding finding the right use for this site, other previous proposals for this site, and finding a balance to ensure the maximum benefit for the community. Member Agnew introduced and moved adoption of Resolution No. 2024-107, approving a Comprehensive Plan Amendment. Member Jackson seconded the motion. Ayes: Agnew, Jackson, Pierce Nay: Risser, Hovland Motion failed. Member Jackson introduced and moved denial of Resolution No. 2024-108, approving a Preliminary Rezoning and Site Plan with multiple variances. Member Pierce seconded the motion. Ayes: Jackson, Pierce, Risser, Hovland Nay: Agnew Motion carried. 9.4. RESOLUTION NO. 2024-115, PRESIDENTS A & B NEIGHBORHOOD ROADWAY AND ALLEY RECONSTRUCTION, IMPROVEMENT NOS. BA-466 AND A-293 – ADOPTED Page 16 of 545 Minutes/Edina City Council/December 17, 2024 Page 5 City Engineer Millner presented a summary of the public engagement received, Living Street Plan, snow maintenance, Alden Park events, UNFI truck routes, Washington Avenue parking, adjacent area map, multi- modal streets, and changes made to Belmore Lane and 3rd Street to address public concerns. The Council expressed concerns regarding snow clearing on the 8-foot sidewalks on Washington Avenue. City Engineer Millner clarified that the City maintains 5 feet on the sidewalks for snow plowing. The Council asked questions regarding driveways on Washington Avenue and centering Belmore Lane. Member Jackson introduced and moved adoption of Resolution No. 2024-115, Presidents A & B Neighborhood Roadway and Alley Reconstruction, Improvement Nos. BA-466 and A-293. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.5. AMERICAN RESCUE PLAN ACT SPENDING PLAN UPDATE – APPROVED City Manager Neal presented the background information regarding the transfer to the City’s General Fund. The Council asked for an update in January on the final amount. The Council also asked if there were any restrictions on how this money could be spent. City Manager Neal stated their intent is to use it for lost revenues to benefit the General Fund. Don Uram, Project Manager, stated that whatever remains will be expensed back against Police and Fire expenditures. Mr. Uram stated they will not know the final dollar amount until the year ends. Member Jackson made a motion, seconded by Member Agnew, approving an updated spending plan to transfer about $300,000 to the City’s general fund as previously recommended in the Phase 1 spending plan. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.6. RESOLUTION NO. 2024-110, SETTING 2025 TAX LEVY AND ADOPTING OPERATING BUDGET, APPROVE 2025-2030 CAPITAL IMPROVEMENT PLAN – ADOPTED Assistant City Manager Lenz presented information regarding the timeline, 2025 Tax Levy, possible reductions, and levy impacts of possible reductions. Don Uram stated that that any decertified TIF money would be sent back to the County, they would then distribute it based on their tax percentage. The Council expressed concerns about deferring Lewis Park and the $60 million of deferred maintenance, 2026 projection of 17%, and tax increase. The Council asked questions regarding unspent TIF, dropping the Centennial Lakes underpass off the Capital Improvement Plan, alternatives to the Lewis Park shelter to save money, and decertifying the SPARC funds. The Council discussed creating a task force of residents to find ways to bring the budget down. City Manager Neal stated that he has referred to this budget as an investment budget because it includes hiring 10 public safety employees and building a $40 million fire station, which distinguishes their tax levy from that of their peers. City Manager Neal added that they do not save money by deferring Park projects, it will just get pushed to another year. Parks & Recreation Director Perry Vetter gave information regarding the Lewis Park shelter and the potential new building. Page 17 of 545 Minutes/Edina City Council/December 17, 2024 Page 6 The Council stated that they will be working to solve the challenges before 2026, and they are not attempting to confuse any residents. The Council discussed making a 1.5% General Fund service cut rather than a 1% cut. The Council also discussed the value of all the recommended reductions and an obligation to care for what they have. Assistant City Manager Lenz stated that applying all the possible deferrals except for putting aside $450,000 for Lewis Park brings the levy to 9.26%. The Council expressed concern regarding deferring the cost of hiring more firefighters. Member Pierce introduced and moved adoption of Resolution No. 2024-110, setting the 2025 Tax Levy at 8.44% and adopting 2025 Operating Budget with total tax capacity levy of $58,750,854. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. The Council expressed concerns about including the France Avenue crossing at Gallagher and 72nd in the CIP without any public input and an underpass being LHB’s only solution. Member Jackson made a motion, seconded by Member Pierce, approving the 2025-2030 Capital Improvement Plan and removing Lewis Park from 2025. Ayes: Agnew, Jackson, Pierce, Hovland Nay: Risser Motion carried. 9.7. 2025 EDINA HISTORICAL SOCIETY SERVICE AGREEMENT – TABLED TO JANUARY 7, 2025 Parks & Recreation Director Vetter presented information on the Edina Historical Society and their relationship with the City, reviewed options, and 2025 updates. The Council asked questions regarding the cost to the City to take on the load of maintaining records compliant with data requirements, if the $100,000 could be funded from the ARPA dollars. Parks & Recreation Director Vetter stated that they do not have adequate storage and there would be other things that would need to be figured out. Don Uram, Project Manager, stated he does not believe this would be an allowable use for ARPA dollars. 10.0 COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) – Received 10.1. HUMAN RIGHTS AND RELATIONS COMMISSION, OCTOBER 16, 2024 11.0 MANAGER’S COMMENTS – Received 12.0 MAYOR AND COUNCIL COMMENTS – Received 12.1 CITY MANAGER’S PERFORMANCE REVIEW 13.0 ADJOURNMENT Member Jackson made a motion, seconded by Member Agnew, to adjourn the meeting at 11:51 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Page 18 of 545 Minutes/Edina City Council/December 17, 2024 Page 7 Sharon Allison, City Clerk Minutes approved by Edina City Council, January 7, 2025. James B. Hovland, Mayor Video Copy of the December 17, 2024, meeting available. Page 19 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.2 Prepared By: Pa Thao, Finance Director Item Type: Claims Department: Finance Item Title: Payment of Claims Action Requested: Approve claims for Payment. Information/Background: Claims information for approval is attached. Supporting Documentation: 1. Check Register Claims Pre-List Dated 12.13.2024 TOTAL $3,015,274.37, 2. Check Register Claims Pre-List Dated 12.20.2024 TOTAL $2,130,068.29 3. Check Register Claims Pre-List Dated 12.26.2024 TOTAL $414,202.55 Page 20 of 545 Page 21 of 545 Page 22 of 545 Page 23 of 545 Page 24 of 545 Page 25 of 545 Page 26 of 545 Page 27 of 545 Page 28 of 545 Page 29 of 545 Page 30 of 545 Page 31 of 545 Page 32 of 545 Page 33 of 545 Page 34 of 545 Page 35 of 545 Page 36 of 545 Page 37 of 545 Page 38 of 545 Page 39 of 545 Page 40 of 545 Page 41 of 545 Page 42 of 545 Page 43 of 545 Page 44 of 545 Page 45 of 545 Page 46 of 545 Page 47 of 545 Page 48 of 545 Page 49 of 545 Page 50 of 545 Page 51 of 545 Page 52 of 545 Page 53 of 545 Page 54 of 545 Page 55 of 545 Page 56 of 545 Page 57 of 545 Page 58 of 545 Page 59 of 545 Page 60 of 545 Page 61 of 545 Page 62 of 545 Page 63 of 545 Page 64 of 545 Page 65 of 545 Page 66 of 545 Page 67 of 545 Page 68 of 545 Page 69 of 545 Page 70 of 545 Page 71 of 545 Page 72 of 545 Page 73 of 545 Page 74 of 545 Page 75 of 545 Page 76 of 545 Page 77 of 545 Page 78 of 545 Page 79 of 545 Page 80 of 545 Page 81 of 545 Page 82 of 545 Page 83 of 545 Page 84 of 545 Page 85 of 545 Page 86 of 545 Page 87 of 545 Page 88 of 545 Page 89 of 545 Page 90 of 545 Page 91 of 545 Page 92 of 545 Page 93 of 545 Page 94 of 545 Page 95 of 545 Page 96 of 545 Page 97 of 545 Page 98 of 545 Page 99 of 545 Page 100 of 545 Page 101 of 545 Page 102 of 545 Page 103 of 545 Page 104 of 545 Page 105 of 545 Page 106 of 545 Page 107 of 545 Page 108 of 545 Page 109 of 545 Page 110 of 545 Page 111 of 545 Page 112 of 545 Page 113 of 545 Page 114 of 545 Page 115 of 545 Page 116 of 545 Page 117 of 545 Page 118 of 545 Page 119 of 545 Page 120 of 545 Page 121 of 545 Page 122 of 545 Page 123 of 545 Page 124 of 545 Page 125 of 545 Page 126 of 545 Page 127 of 545 Page 128 of 545 Page 129 of 545 Page 130 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 54 JOURNAL ENTRIES TO BE CREATED FUND SUB FUND DUE TO DUE FR 1000 General 76,652.512300 Pedestrian and Cyclist Safety 14,378.502600 Housing & Redvlpmt Authority 246.004000 Capital Projects 22,253.005100 Art Center 1,187.435200 Braemar Golf Course 14,791.305200 Braemar Golf Course 504.875400 Edinborough Park 5,122.535500 Braemar Arena 14,110.205600 Braemar Field 930.725700 Centennial Lakes 1,490.965800 Liquor 138,254.215900 Utility Fund 33,989.655900 Utility Fund 850.215900 Utility Fund 29,660.296000 Risk Management 8,736.646100 Equipment Operations 22,251.456200 Information Technology 5,271.746300 Facilities Management 12,397.247100 PS Training Facility 3,692.307200 MN Task Force 1 7,430.809999 Pooled Cash Fund 414,202.55 TOTAL 414,202.55 414,202.55 ** END OF REPORT - Generated by Pamela Behr ** Page 131 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502498 12/27/2024 PRTD 142327 56 BREWING LLC 5628018 12/12/2024 20241227 113.00 Invoice: 5628018 113.00 5800 1354 Liquor BS - Inv Beer CHECK 502498 TOTAL: 113.00 502499 12/27/2024 PRTD 161042 7 DIAMONDS CLOTHING CO INV300306 09/23/2024 20241227 18.32 Invoice: INV300306 Freight only - product paid on order 163330360-1 18.32 52052006 5510 Ret Sales - CGS 7 DIAMONDS CLOTHING CO INV300513 09/26/2024 20241227 11.83 Invoice: INV300513 Freight only - product paid on order 163330360-2 11.83 52052006 5510 Ret Sales - CGS CHECK 502499 TOTAL: 30.15 502500 12/27/2024 PRTD 133644 A DYNAMIC DOOR CO INC 22411252 11/27/2024 20241227 832.03 Invoice: 22411252 Ambulance Door repairs/ EMERGENCY CALL 832.03 12012000 6180 Fire Gen - Rep&Maint CHECK 502500 TOTAL: 832.03 502501 12/27/2024 PRTD 100614 ACE SUPPLY COMPANY INC 299427 11/27/2024 20241227 447.89 Invoice: 299427 6145H 12x12 NAILOR RA GRILLE 447.89 63063001 6180 PW Fac - Rep&Maint CHECK 502501 TOTAL: 447.89 502502 12/27/2024 PRTD 143143 TORRES, ARMANDO CHAVEZ 2955 12/01/2024 20241227 464.59 Invoice: 2955 Commercial Cleaning Services for December 464.59 51051000 6103 Admin/Ops - Prof Svrs TORRES, ARMANDO CHAVEZ 2957 12/01/2024 20241227 1,000.00 Invoice: 2957 Commercial Cleaning Services for December 1,000.00 57057000 6230 General - SrvCntrcts TORRES, ARMANDO CHAVEZ 2950 12/01/2024 20241227 1,870.31 Invoice: 2950 taxable customer @ 6.875% 1,870.31 52052005 6103 Clubhouse - Prof Svrs TORRES, ARMANDO CHAVEZ 2954 12/01/2024 20241227 4,406.00 Invoice: 2954 December Dome & Arena 3,506.00 55055001 6103 Bldg/Grnds - Prof Svrs 900.00 56056001 6103 Bldg/Grnds - Prof Svrs CHECK 502502 TOTAL: 7,740.90 Page 132 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502503 12/27/2024 PRTD 137833 PEREGRINE AWARDS AND PROMOTIONAL 20927 12/02/2024 20241227 493.00 Invoice: 20927 IQS Leadership AWARDS 493.00 10110100 6406 Admin Gen - SupOther CHECK 502503 TOTAL: 493.00 502504 12/27/2024 PRTD 160095 AM CRAFT SPIRITS SALES & MARKETIN 19998 12/10/2024 20241227 61.50 Invoice: 19998 3.00 58058001 5515 50th Sell - CGS Other 58.50 5800 1355 Liquor BS - Inv Misc CHECK 502504 TOTAL: 61.50 502505 12/27/2024 PRTD 141960 AMAZON CAPITAL SERVICES 1F6W-XCWP-JTDP 11/26/2024 20241227 42.52 Invoice: 1F6W-XCWP-JTDP Planning Office Supplies 42.52 10510500 6406 Plan Gen - SupOther AMAZON CAPITAL SERVICES 1W4N-RPLL-M4WG 11/26/2024 20241227 212.13 Invoice: 1W4N-RPLL-M4WG NYE Event Decor and Prizes 212.13 54054001 6406 Operations - SupOther AMAZON CAPITAL SERVICES 1J63-P1H7-WMVT 11/27/2024 20241227 110.38 Invoice: 1J63-P1H7-WMVT OFFICE SUPPLIES, EDINBOROUGH 110.38 54054001 6513 Operations - SupOffice AMAZON CAPITAL SERVICES 1VVN-GTVW-WN9W 11/27/2024 20241227 212.39 Invoice: 1VVN-GTVW-WN9W 212.39 57057000 5510 General - CGS AMAZON CAPITAL SERVICES 1D46-9WFC-VR1R 11/27/2024 20241227 116.90 Invoice: 1D46-9WFC-VR1R NYE Event Art Supplies and Goodie Bags 116.90 54054001 6406 Operations - SupOther AMAZON CAPITAL SERVICES 1TXK-VVLJ-VLQ1 11/27/2024 20241227 42.98 Invoice: 1TXK-VVLJ-VLQ1 42.98 52052000 6513 Golf Gen - SupOffice AMAZON CAPITAL SERVICES 137N-1WWR-W1JW 11/27/2024 20241227 8.99 Invoice: 137N-1WWR-W1JW 8.99 13013000 6406 Pol Ad Gen - SupOther AMAZON CAPITAL SERVICES 1YTP-HL3M-9QKL 11/26/2024 20241227 223.62 Invoice: 1YTP-HL3M-9QKL 223.62 57057000 6406 General - SupOther AMAZON CAPITAL SERVICES 1GWD-CHYG-DNPQ 11/26/2024 20241227 113.96 Invoice: 1GWD-CHYG-DNPQ I.T. Supplies 113.96 62062000 6406 I.T. Gen - SupOther Page 133 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC AMAZON CAPITAL SERVICES 1YJF-YVWV-FQ11 11/26/2024 20241227 149.80 Invoice: 1YJF-YVWV-FQ11 149.80 61061004 6530 PW Equip - ReprParts AMAZON CAPITAL SERVICES 1Y6K-19PW-FG7J 11/26/2024 20241227 30.00 Invoice: 1Y6K-19PW-FG7J Light Bulbs 30.00 54054001 6406 Operations - SupOther AMAZON CAPITAL SERVICES 1H41-9LL4-G13H 11/26/2024 20241227 121.98 Invoice: 1H41-9LL4-G13H Lightbulbs for Art Center 121.98 51051000 6406 Admin/Ops - SupOther AMAZON CAPITAL SERVICES 16TT-QFDW-KYNX 11/26/2024 20241227 514.40 Invoice: 16TT-QFDW-KYNX 514.40 61061004 6530 PW Equip - ReprParts AMAZON CAPITAL SERVICES 1RPY-33C6-WLRD 11/27/2024 20241227 20.95 Invoice: 1RPY-33C6-WLRD Taylor R0870-I Swimming Pool Test Kit Replacement 20.95 54054001 6545 Operations - Chemicals AMAZON CAPITAL SERVICES 1C1Q-JDN6-3D7Q 11/27/2024 20241227 23.69 Invoice: 1C1Q-JDN6-3D7Q Facility Signage Poster Paper 23.69 54054000 6513 Admin - SupOffice AMAZON CAPITAL SERVICES 1N7R-W4DW-RXYL 11/30/2024 20241227 41.26 Invoice: 1N7R-W4DW-RXYL Building Supplies 41.26 16116103 6406 Senior Cen - SupOther AMAZON CAPITAL SERVICES 1714-CMRX-3TWL 11/30/2024 20241227 35.98 Invoice: 1714-CMRX-3TWL Art Center supplies 35.98 51051000 6406 Admin/Ops - SupOther AMAZON CAPITAL SERVICES 1VM6-WRWV-GF7C 12/01/2024 20241227 118.13 Invoice: 1VM6-WRWV-GF7C Finish Jet-Dry Rinse Aid, Dishwasher Rinse Agent 118.13 12012000 6406 Fire Gen - SupOther AMAZON CAPITAL SERVICES 11N6-LH3V-GTP9 12/01/2024 20241227 54.95 Invoice: 11N6-LH3V-GTP9 47.00 57057000 6511 General - SupCustod 7.95 57057000 6406 General - SupOther AMAZON CAPITAL SERVICES 11NR-QXDK-XWV3 12/02/2024 20241227 151.98 Invoice: 11NR-QXDK-XWV3 151.98 55055001 6406 Bldg/Grnds - SupOther AMAZON CAPITAL SERVICES 1XRR-JD91-YDPL 12/02/2024 20241227 55.99 Invoice: 1XRR-JD91-YDPL 55.99 52100000 6406 Golf Dome - SupOther AMAZON CAPITAL SERVICES 1VTF-4C4L-T3FR 12/02/2024 20241227 117.77 Invoice: 1VTF-4C4L-T3FR Frame 117.77 54054001 6406 Operations - SupOther Page 134 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC AMAZON CAPITAL SERVICES 176F-RTYW-1QXK 12/02/2024 20241227 13.56 Invoice: 176F-RTYW-1QXK Supplies (Other) 13.56 10110100 6406 Admin Gen - SupOther AMAZON CAPITAL SERVICES 16YK-CW7Q-YMYK 12/02/2024 20241227 572.99 Invoice: 16YK-CW7Q-YMYK Repl UPS for Golf 572.99 62062000 6409 I.T. Gen - SupComp AMAZON CAPITAL SERVICES 1XF6-GPF3-VRMK 12/02/2024 20241227 12.37 Invoice: 1XF6-GPF3-VRMK Building Supplies 12.37 16116103 6406 Senior Cen - SupOther AMAZON CAPITAL SERVICES 1DLP-NKNK-TK6Y 12/02/2024 20241227 23.99 Invoice: 1DLP-NKNK-TK6Y Program Supplies 23.99 16116103 6406 Senior Cen - SupOther AMAZON CAPITAL SERVICES 1C6Y-QHPL-3CXL 12/02/2024 20241227 69.95 Invoice: 1C6Y-QHPL-3CXL 69.95 15415401 6180 Str Lt Reg - Rep&Maint AMAZON CAPITAL SERVICES 14HD-DT3P-4PF7 12/02/2024 20241227 23.78 Invoice: 14HD-DT3P-4PF7 23.78 13013000 6406 Pol Ad Gen - SupOther AMAZON CAPITAL SERVICES 1GMG-DWJD-XMCH 12/02/2024 20241227 39.90 Invoice: 1GMG-DWJD-XMCH 39.90 40600000 6406 Police CP - SupOther CHECK 502505 TOTAL: 3,277.29 502506 12/27/2024 PRTD 151756 ARBEITER BREWING COMPANY LLC 17339 12/10/2024 20241227 168.00 Invoice: 17339 168.00 5800 1354 Liquor BS - Inv Beer CHECK 502506 TOTAL: 168.00 502507 12/27/2024 PRTD 160825 KAHLERT COMPANIES INC 14001 11/30/2024 20241227 878.15 Invoice: 14001 2024 QTR4 DOT Drug Random 878.15 10910900 6175 HR Gen - EmpExams CHECK 502507 TOTAL: 878.15 502508 12/27/2024 PRTD 100634 ASPEN EQUIPMENT CO PSO082419-1 11/26/2024 20241227 1,110.00 Invoice: PSO082419-1 1,110.00 61061009 6530 Pk Mant Eq - ReprParts Page 135 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502508 TOTAL: 1,110.00 502509 12/27/2024 PRTD 106304 ASPEN MILLS INC 343074 11/15/2024 20241227 29.00 Invoice: 343074 29.00 72000000 6406 MN TF 1 - SupOther CHECK 502509 TOTAL: 29.00 502510 12/27/2024 PRTD 100636 ASTLEFORD EQUIPMENT COMPANY INC 01P122775 11/21/2024 20241227 -40.00 Invoice: 01P122775 -40.00 61061004 6530 PW Equip - ReprParts ASTLEFORD EQUIPMENT COMPANY INC 01P122975 11/26/2024 20241227 569.00 Invoice: 01P122975 569.00 61061004 6530 PW Equip - ReprParts ASTLEFORD EQUIPMENT COMPANY INC 01P122742 11/27/2024 20241227 162.40 Invoice: 01P122742 162.40 61061004 6530 PW Equip - ReprParts ASTLEFORD EQUIPMENT COMPANY INC 01P123104 12/02/2024 20241227 129.00 Invoice: 01P123104 129.00 61061004 6530 PW Equip - ReprParts ASTLEFORD EQUIPMENT COMPANY INC 01P123430.02 12/06/2024 20241227 -185.00 Invoice: 01P123430.02 -185.00 61061004 6530 PW Equip - ReprParts CHECK 502510 TOTAL: 635.40 502511 12/27/2024 PRTD 100920 GENUINE PARTS COMPANY 130568 11/20/2024 20241227 90.53 Invoice: 130568 90.53 61061006 6530 Fire Equip - ReprParts CHECK 502511 TOTAL: 90.53 502512 12/27/2024 PRTD 129624 BARNA GUZY & STEFFEN LTD 290933 11/30/2024 20241227 425.00 Invoice: 290933 INTERNAL AFFAIRS Legal 425.00 10910900 6103 HR Gen - Prof Svrs BARNA GUZY & STEFFEN LTD 290934 11/30/2024 20241227 493.00 Invoice: 290934 EMPLOYMENT Legal 493.00 10910900 6103 HR Gen - Prof Svrs CHECK 502512 TOTAL: 918.00 Page 136 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502513 12/27/2024 PRTD 100643 BARR ENGINEERING CO 23271869.03 - 20 11/27/2024 20241227 1,305.50 Invoice: 23271869.03 - 20 Morningside Flood Landscape R 1,305.50 E ENG21032.CONSTRUCTN.CONSULTING. 59005920 1605 Stm BS - PurchCIP BARR ENGINEERING CO 23271996.00 - 19 11/27/2024 20241227 27,504.58 Invoice: 23271996.00 - 19 City of Edina Brook Drive Culvert Replacement 27,504.58 E ENG23108.CONST.STRM.CONSULTING. 59005920 1605 Stm BS - PurchCIP CHECK 502513 TOTAL: 28,810.08 502514 12/27/2024 PRTD 136267 BAUHAUS BREW LABS LLC 15252 12/10/2024 20241227 138.00 Invoice: 15252 138.00 5800 1356 Liquor BS - Inventory THC Bev BAUHAUS BREW LABS LLC 15248 12/10/2024 20241227 896.00 Invoice: 15248 896.00 5800 1356 Liquor BS - Inventory THC Bev CHECK 502514 TOTAL: 1,034.00 502515 12/27/2024 PRTD 101355 BELLBOY CORPORATION 0206039300 12/12/2024 20241227 497.20 Invoice: 0206039300 4.95 58258201 5512 Grnd Sell - CGS Liq 492.25 5800 1352 Liquor BS - Inv Liq BELLBOY CORPORATION 0206039100 12/12/2024 20241227 1,046.45 Invoice: 0206039100 8.25 58158101 5512 Sthdl Sell - CGS Liq 1,038.20 5800 1352 Liquor BS - Inv Liq BELLBOY CORPORATION 0206040000 12/12/2024 20241227 113.65 Invoice: 0206040000 1.65 58158101 5513 Sthdl Sell - CGS Wine 112.00 5800 1353 Liquor BS - Inv Wine BELLBOY CORPORATION 0109230400 12/12/2024 20241227 403.84 Invoice: 0109230400 7.84 58158101 5515 Sthdl Sell - CGS Other 396.00 5800 1355 Liquor BS - Inv Misc BELLBOY CORPORATION 0206040200 12/12/2024 20241227 909.08 Invoice: 0206040200 9.08 58058001 5513 50th Sell - CGS Wine 900.00 5800 1353 Liquor BS - Inv Wine Page 137 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC BELLBOY CORPORATION 0109230000 12/12/2024 20241227 107.99 Invoice: 0109230000 6.49 58258201 5515 Grnd Sell - CGS Other 101.50 5800 1355 Liquor BS - Inv Misc CHECK 502515 TOTAL: 3,078.21 502516 12/27/2024 PRTD 117379 BENIEK PROPERTY SERVICES INC 164070 12/01/2024 20241227 1,125.00 Invoice: 164070 1,125.00 71071001 6103 Main Bldng - Prof Svrs CHECK 502516 TOTAL: 1,125.00 502517 12/27/2024 PRTD 126847 BERRY COFFEE COMPANY 1034917 11/27/2024 20241227 466.29 Invoice: 1034917 466.29 55055002 5510 Concession - CGS CHECK 502517 TOTAL: 466.29 502518 12/27/2024 PRTD 160836 BIFFS INC INV228990 11/27/2024 20241227 8.93 Invoice: INV228990 8.93 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228998 11/27/2024 20241227 14.29 Invoice: INV228998 14.29 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228993 11/27/2024 20241227 17.86 Invoice: INV228993 17.86 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228996 11/27/2024 20241227 8.93 Invoice: INV228996 8.93 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228995 11/27/2024 20241227 125.00 Invoice: INV228995 125.00 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228997 11/27/2024 20241227 8.93 Invoice: INV228997 8.93 17017005 6182 Litter Rem - Garb&Recyc BIFFS INC INV228994 11/27/2024 20241227 8.93 Invoice: INV228994 8.93 17017005 6182 Litter Rem - Garb&Recyc Page 138 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502518 TOTAL: 192.87 502519 12/27/2024 PRTD 101644 DICK BLICK HOLDINGS INC 274629 11/18/2024 20241227 64.88 Invoice: 274629 Art Center supplies 64.88 51051000 6406 Admin/Ops - SupOther CHECK 502519 TOTAL: 64.88 502520 12/27/2024 PRTD 132444 BOLTON & MENK INC 0351058 11/27/2024 20241227 12,215.00 Invoice: 0351058 Rosland Park TH62 Pedestrian B 12,215.00 E ENG23106.CONST.PACS.CONSULTING. 23023001 6715 Pedestrian - CapInfrast BOLTON & MENK INC 0351057 11/27/2024 20241227 2,745.50 Invoice: 0351057 Centennial Lakes Bridge Rail Cons 2,745.50 E ENG22009.PRELIM DES.CONSULTING. 40840800 6715 Eng CP - CapInfrast CHECK 502520 TOTAL: 14,960.50 502521 12/27/2024 PRTD 101010 BORDER STATES INDUSTRIES INC 929487149 11/27/2024 20241227 477.43 Invoice: 929487149 477.43 15415400 6406 Elec Gen - SupOther CHECK 502521 TOTAL: 477.43 502522 12/27/2024 PRTD 105367 BOUND TREE MEDICAL LLC 85572238 11/26/2024 20241227 398.75 Invoice: 85572238 Diphenhydramine 50mg, 1ml vial 25/BX 398.75 12012000 6510 Fire Gen - SupFrstAid CHECK 502522 TOTAL: 398.75 502523 12/27/2024 PRTD 119351 BOURGET IMPORTS 213109 12/07/2024 20241227 1,722.00 Invoice: 213109 26.00 58258201 5513 Grnd Sell - CGS Wine 1,696.00 5800 1353 Liquor BS - Inv Wine BOURGET IMPORTS 213158 12/11/2024 20241227 494.00 Invoice: 213158 4.00 58158101 5512 Sthdl Sell - CGS Liq 490.00 5800 1352 Liquor BS - Inv Liq BOURGET IMPORTS 213159 12/11/2024 20241227 794.00 Invoice: 213159 10.00 58158101 5513 Sthdl Sell - CGS Wine Page 139 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 784.00 5800 1353 Liquor BS - Inv Wine BOURGET IMPORTS 213161 12/11/2024 20241227 295.00 Invoice: 213161 7.00 58058001 5513 50th Sell - CGS Wine 288.00 5800 1353 Liquor BS - Inv Wine BOURGET IMPORTS 213163 12/11/2024 20241227 244.00 Invoice: 213163 4.00 58258201 5513 Grnd Sell - CGS Wine 240.00 5800 1353 Liquor BS - Inv Wine BOURGET IMPORTS 213162 12/11/2024 20241227 266.00 Invoice: 213162 2.00 58258201 5512 Grnd Sell - CGS Liq 264.00 5800 1352 Liquor BS - Inv Liq CHECK 502523 TOTAL: 3,815.00 502524 12/27/2024 PRTD 100664 BRAUN INTERTEC CORPORATION 23270354.24 - 11 11/27/2024 20241227 23,562.50 Invoice: 23270354.24 - 11 23,562.50 15300000 6103 Eng Serv - Prof Svrs BRAUN INTERTEC CORPORATION B2308561-B411568 12/09/2024 20241227 2,163.50 Invoice: B2308561-B411568 2,163.50 E ENG23112.CONST.PACS.CNTRCT PMT. 23023000 6710 PACS Gen - Cap Other CHECK 502524 TOTAL: 25,726.00 502525 12/27/2024 PRTD 124291 BREAKTHRU BEVERAGE MINNESOTA WINE 119076413 12/11/2024 20241227 3,016.17 Invoice: 119076413 10.35 58158101 5512 Sthdl Sell - CGS Liq 3,005.82 5800 1352 Liquor BS - Inv Liq BREAKTHRU BEVERAGE MINNESOTA WINE 119076414 12/11/2024 20241227 29.15 Invoice: 119076414 1.15 58158101 5515 Sthdl Sell - CGS Other 28.00 5800 1355 Liquor BS - Inv Misc BREAKTHRU BEVERAGE MINNESOTA WINE 119076412 12/11/2024 20241227 1,461.80 Invoice: 119076412 13.80 58158101 5513 Sthdl Sell - CGS Wine 1,448.00 5800 1353 Liquor BS - Inv Wine BREAKTHRU BEVERAGE MINNESOTA WINE 119076415 12/11/2024 20241227 285.80 Invoice: 119076415 2.30 58158101 5513 Sthdl Sell - CGS Wine 283.50 5800 1353 Liquor BS - Inv Wine Page 140 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC BREAKTHRU BEVERAGE MINNESOTA WINE 119076432 12/11/2024 20241227 2,710.20 Invoice: 119076432 9.20 58058001 5512 50th Sell - CGS Liq 2,701.00 5800 1352 Liquor BS - Inv Liq BREAKTHRU BEVERAGE MINNESOTA WINE 119076431 12/11/2024 20241227 354.30 Invoice: 119076431 2.30 58058001 5513 50th Sell - CGS Wine 352.00 5800 1353 Liquor BS - Inv Wine BREAKTHRU BEVERAGE MINNESOTA WINE 119076428 12/11/2024 20241227 58.30 Invoice: 119076428 2.30 58258201 5515 Grnd Sell - CGS Other 56.00 5800 1355 Liquor BS - Inv Misc BREAKTHRU BEVERAGE MINNESOTA WINE 119072599 12/11/2024 20241227 3,376.41 Invoice: 119072599 11.69 58258201 5512 Grnd Sell - CGS Liq 3,364.72 5800 1352 Liquor BS - Inv Liq BREAKTHRU BEVERAGE MINNESOTA WINE 119076430 12/11/2024 20241227 181.15 Invoice: 119076430 1.15 58258201 5513 Grnd Sell - CGS Wine 180.00 5800 1353 Liquor BS - Inv Wine BREAKTHRU BEVERAGE MINNESOTA WINE 119076429 12/11/2024 20241227 1,474.90 Invoice: 119076429 6.90 58258201 5513 Grnd Sell - CGS Wine 1,468.00 5800 1353 Liquor BS - Inv Wine CHECK 502525 TOTAL: 12,948.18 502526 12/27/2024 PRTD 124529 BREAKTHRU BEVERAGE MINNESOTA BEER 119047062 12/10/2024 20241227 344.80 Invoice: 119047062 344.80 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047061 12/10/2024 20241227 359.00 Invoice: 119047061 359.00 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047060 12/10/2024 20241227 403.05 Invoice: 119047060 403.05 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047059 12/10/2024 20241227 148.50 Invoice: 119047059 148.50 5800 1352 Liquor BS - Inv Liq BREAKTHRU BEVERAGE MINNESOTA BEER 119047041 12/10/2024 20241227 684.50 Invoice: 119047041 Page 141 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 684.50 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047043 12/10/2024 20241227 868.00 Invoice: 119047043 868.00 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047042 12/10/2024 20241227 3,342.50 Invoice: 119047042 3,342.50 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047058 12/10/2024 20241227 1,202.60 Invoice: 119047058 1,202.60 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 119047057 12/10/2024 20241227 95.45 Invoice: 119047057 95.45 5800 1355 Liquor BS - Inv Misc BREAKTHRU BEVERAGE MINNESOTA BEER 412815099 10/09/2024 20241227 -22.00 Invoice: 412815099 -22.00 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 412846377 10/18/2024 20241227 -26.15 Invoice: 412846377 -26.15 5800 1354 Liquor BS - Inv Beer BREAKTHRU BEVERAGE MINNESOTA BEER 118931301 12/03/2024 20241227 3,323.30 Invoice: 118931301 3,323.30 5800 1354 Liquor BS - Inv Beer CHECK 502526 TOTAL: 10,723.55 502527 12/27/2024 PRTD 161267 CAMFIL USA, INC. 30511516 11/07/2024 20241227 952.41 Invoice: 30511516 952.41 71071002 6406 Range - SupOther CHECK 502527 TOTAL: 952.41 502528 12/27/2024 PRTD 119455 CAPITOL BEVERAGE SALES LP 3073509 12/13/2024 20241227 815.50 Invoice: 3073509 815.50 5800 1352 Liquor BS - Inv Liq CAPITOL BEVERAGE SALES LP 3073510 12/13/2024 20241227 1,894.10 Invoice: 3073510 1,894.10 5800 1354 Liquor BS - Inv Beer CAPITOL BEVERAGE SALES LP 3073519 12/13/2024 20241227 4,910.20 Invoice: 3073519 4,910.20 5800 1354 Liquor BS - Inv Beer Page 142 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CAPITOL BEVERAGE SALES LP 3073517 12/13/2024 20241227 54.00 Invoice: 3073517 54.00 5800 1355 Liquor BS - Inv Misc CAPITOL BEVERAGE SALES LP 3073518 12/13/2024 20241227 1,267.20 Invoice: 3073518 1,267.20 5800 1352 Liquor BS - Inv Liq CAPITOL BEVERAGE SALES LP 3073090 12/13/2024 20241227 336.00 Invoice: 3073090 336.00 5800 1356 Liquor BS - Inventory THC Bev CAPITOL BEVERAGE SALES LP 3073093 12/13/2024 20241227 964.35 Invoice: 3073093 964.35 5800 1354 Liquor BS - Inv Beer CAPITOL BEVERAGE SALES LP 3073091 12/13/2024 20241227 93.45 Invoice: 3073091 93.45 5800 1355 Liquor BS - Inv Misc CAPITOL BEVERAGE SALES LP 3073092 12/13/2024 20241227 1,094.40 Invoice: 3073092 1,094.40 5800 1352 Liquor BS - Inv Liq CHECK 502528 TOTAL: 11,429.20 502529 12/27/2024 PRTD 142533 CADD ENGR SUPPLY INC INV168239 11/27/2024 20241227 279.00 Invoice: INV168239 Public Works large format Canon 209.25 15000000 6406 Eng Gen - SupOther 69.75 14014000 6406 PW Adm Gen - SupOther CADD ENGR SUPPLY INC INV168240 11/27/2024 20241227 95.00 Invoice: INV168240 City Hall large format Canon 95.00 62062000 6230 I.T. Gen - SrvCntrcts CHECK 502529 TOTAL: 374.00 502530 12/27/2024 PRTD 142028 CINTAS CORPORATION 4213132269 11/29/2024 20241227 76.10 Invoice: 4213132269 76.10 63063001 6511 PW Fac - SupCustod CHECK 502530 TOTAL: 76.10 502531 12/27/2024 PRTD 142028 CINTAS CORPORATION NO.2 5241938604 11/27/2024 20241227 30.72 Invoice: 5241938604 30.72 56056001 6511 Bldg/Grnds - SupCustod Page 143 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502531 TOTAL: 30.72 502532 12/27/2024 PRTD 142028 CINTAS CORPORATION 4212605069 11/25/2024 20241227 64.85 Invoice: 4212605069 64.85 52052000 6201 Golf Gen - Laundry CHECK 502532 TOTAL: 64.85 502533 12/27/2024 PRTD 117409 CITY OF APPLE VALLEY AVFD-11/24-1 10/28/2024 20241227 128.92 Invoice: AVFD-11/24-1 128.92 72000000 6406 MN TF 1 - SupOther CITY OF APPLE VALLEY AVFD-11/24-2 10/22/2024 20241227 999.91 Invoice: AVFD-11/24-2 999.91 72000000 6406 MN TF 1 - SupOther CHECK 502533 TOTAL: 1,128.83 502534 12/27/2024 PRTD 101837 CITY OF EDINA EDFD-11/24-1 11/04/2024 20241227 336.26 Invoice: EDFD-11/24-1 336.26 72000000 6406 MN TF 1 - SupOther CHECK 502534 TOTAL: 336.26 502535 12/27/2024 PRTD 141531 CITY OF HASTINGS HFD-10/24-1 10/22/2024 20241227 135.28 Invoice: HFD-10/24-1 135.28 72000000 6406 MN TF 1 - SupOther CHECK 502535 TOTAL: 135.28 502536 12/27/2024 PRTD 103216 MINNEAPOLIS FIRE DEPARTMENT MFD-11/24-1 11/12/2024 20241227 168.35 Invoice: MFD-11/24-1 168.35 72000000 6406 MN TF 1 - SupOther CHECK 502536 TOTAL: 168.35 502537 12/27/2024 PRTD 146472 CITY WIDE MAINTENANCE OF MN 32009029205 12/01/2024 20241227 1,614.89 Invoice: 32009029205 1,614.89 71071001 6103 Main Bldng - Prof Svrs CITY WIDE MAINTENANCE OF MN 32009029432 12/01/2024 20241227 1,705.00 Invoice: 32009029432 Janitorial Services 1,705.00 12012000 6103 Fire Gen - Prof Svrs CITY WIDE MAINTENANCE OF MN 32009029134 12/01/2024 20241227 4,445.28 Invoice: 32009029134 Page 144 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 4,445.28 63063000 6103 City Hall - Prof Svrs CITY WIDE MAINTENANCE OF MN 32009029097 12/01/2024 20241227 4,453.67 Invoice: 32009029097 4,453.67 63063001 6103 PW Fac - Prof Svrs CITY WIDE MAINTENANCE OF MN 42009014420 11/26/2024 20241227 500.00 Invoice: 42009014420 Art Center Windows 500.00 51051000 6103 Admin/Ops - Prof Svrs CITY WIDE MAINTENANCE OF MN 42009014258 11/26/2024 20241227 3,054.00 Invoice: 42009014258 EP Nightly Cleaning 3,054.00 54054001 6103 Operations - Prof Svrs CITY WIDE MAINTENANCE OF MN 42009014257 11/26/2024 20241227 2,000.00 Invoice: 42009014257 2,000.00 E ENG98001.MISCELLAN .SERVICES . 40840801 6103 Faclt CP - Prof Svrs CHECK 502537 TOTAL: 17,772.84 502538 12/27/2024 PRTD 130477 MCDONALD DISTRIBUTING COMPANY 782582 12/12/2024 20241227 96.00 Invoice: 782582 96.00 5800 1355 Liquor BS - Inv Misc MCDONALD DISTRIBUTING COMPANY 782587 12/12/2024 20241227 136.00 Invoice: 782587 136.00 5800 1354 Liquor BS - Inv Beer MCDONALD DISTRIBUTING COMPANY 782600 12/12/2024 20241227 -9.54 Invoice: 782600 -9.54 5800 1355 Liquor BS - Inv Misc MCDONALD DISTRIBUTING COMPANY 782136 12/12/2024 20241227 179.00 Invoice: 782136 179.00 5800 1354 Liquor BS - Inv Beer MCDONALD DISTRIBUTING COMPANY 782039 12/12/2024 20241227 206.00 Invoice: 782039 206.00 5800 1354 Liquor BS - Inv Beer CHECK 502538 TOTAL: 607.46 502539 12/27/2024 PRTD 102165 ROGER CLEVELAND GOLF CO. INC 7509424 SZ 06/01/2023 20241227 400.00 Invoice: 7509424 SZ 400.00 52005200 1356 Course BS - Inventory ROGER CLEVELAND GOLF CO. INC 7408715 SZ 03/31/2023 20241227 400.00 Invoice: 7408715 SZ Page 145 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 400.00 52005200 1356 Course BS - Inventory CHECK 502539 TOTAL: 800.00 502540 12/27/2024 PRTD 120433 COMCAST 0007539-12/24 12/08/2024 20241227 1,034.80 Invoice: 0007539-12/24 Acct no. 8772 10 789 0007539 1,034.80 E FIN21001.MISCELLAN .BB-COM . 10810801 6105 Fin Othr - Dues&Sub CHECK 502540 TOTAL: 1,034.80 502541 12/27/2024 PRTD 144092 CONCENTRA 104088575 11/20/2024 20241227 182.00 Invoice: 104088575 MOC PreEmployment Exam 182.00 10910900 6175 HR Gen - EmpExams CHECK 502541 TOTAL: 182.00 502542 12/27/2024 PRTD 116356 CONSTRUCTION MIDWEST INC 0074748400 11/27/2024 20241227 269.76 Invoice: 0074748400 269.76 14014001 6556 Gen Mntce - Tool&Acces CHECK 502542 TOTAL: 269.76 502543 12/27/2024 PRTD 122132 CREATIVE PRODUCT SOURCING INC 161211 11/26/2024 20241227 868.15 Invoice: 161211 DARE Program at OLG 868.15 13013000 6406 Pol Ad Gen - SupOther CHECK 502543 TOTAL: 868.15 502544 12/27/2024 PRTD 100130 DAKOTA COUNTY DPC DCSOT-11/24-2 11/25/2024 20241227 3,163.67 Invoice: DCSOT-11/24-2 Dakota County Special Operations Team 3,163.67 72000000 6406 MN TF 1 - SupOther CHECK 502544 TOTAL: 3,163.67 502545 12/27/2024 PRTD 160780 DANGEROUS MAN BREWING CO LLC IN-6251 12/12/2024 20241227 362.00 Invoice: IN-6251 362.00 5800 1354 Liquor BS - Inv Beer CHECK 502545 TOTAL: 362.00 502546 12/27/2024 PRTD 123995 DICKS SANITATION SERVICE INC 11271434T460 12/01/2024 20241227 779.93 Invoice: 11271434T460 ARENA 12.01.24 - 12.31.24 779.93 55055001 6230 Bldg/Grnds - SrvCntrcts Page 146 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502546 TOTAL: 779.93 502547 12/27/2024 PRTD 160061 FILTER BREWING COMPANY LLC PLATO3826 12/10/2024 20241227 191.00 Invoice: PLATO3826 191.00 5800 1354 Liquor BS - Inv Beer CHECK 502547 TOTAL: 191.00 502548 12/27/2024 PRTD 151686 LAKER PROMORTIONS 4300 11/21/2024 20241227 3,779.00 Invoice: 4300 Building Inspections $3204; Public Health $575 3,204.00 12100000 6558 Build Insp - DeptUnifrm 575.00 12212200 6406 PH Gen - SupOther CHECK 502548 TOTAL: 3,779.00 502549 12/27/2024 PRTD 132810 ECM PUBLISHERS INC 1026072 11/28/2024 20241227 216.12 Invoice: 1026072 Dec 9 PH BA466 Presidents 216.12 10210202 6120 Lic & Perm - AdvLegal CHECK 502549 TOTAL: 216.12 502550 12/27/2024 PRTD 101630 EDINA COMMUNITY EDUCATION 175415 11/30/2024 20241227 451.45 Invoice: 175415 451.45 16116100 6103 Athltc Act - Prof Svrs EDINA COMMUNITY EDUCATION 175414 11/30/2024 20241227 309.80 Invoice: 175414 309.80 16116100 6103 Athltc Act - Prof Svrs EDINA COMMUNITY EDUCATION 175413 11/30/2024 20241227 362.30 Invoice: 175413 362.30 16116100 6406 Athltc Act - SupOther CHECK 502550 TOTAL: 1,123.55 502551 12/27/2024 PRTD 103594 EDINALARM INC 113808 12/01/2024 20241227 448.88 Invoice: 113808 BRAEMAR GOLF DOME 1/25-6/25 448.88 52100000 6250 Golf Dome - Alarm Serv EDINALARM INC 113825 12/01/2024 20241227 474.53 Invoice: 113825 Braemar Golf Maint Bldg 1/25-6/25 474.53 52052000 6250 Golf Gen - Alarm Serv CHECK 502551 TOTAL: 923.41 Page 147 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502552 12/27/2024 PRTD 160740 STARK, JOHN 24-04 12/02/2024 20241227 1,031.25 Invoice: 24-04 John Stark- Tree Preservation Ordinance 1,031.25 10510500 6103 Plan Gen - Prof Svrs CHECK 502552 TOTAL: 1,031.25 502553 12/27/2024 PRTD 100146 ELLIOTT AUTO SUPPLY CO, INC 50-5735017 11/20/2024 20241227 45.03 Invoice: 50-5735017 45.03 61061006 6530 Fire Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 1-10272194 11/22/2024 20241227 499.64 Invoice: 1-10272194 499.64 61061004 6530 PW Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 69-536675 11/27/2024 20241227 30.48 Invoice: 69-536675 30.48 61061009 6530 Pk Mant Eq - ReprParts ELLIOTT AUTO SUPPLY CO, INC 1 Z36014 11/26/2024 20241227 908.52 Invoice: 1 Z36014 908.52 61061004 6530 PW Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 69-536532 11/26/2024 20241227 19.35 Invoice: 69-536532 19.35 61061006 6530 Fire Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 69-536536 11/26/2024 20241227 3.52 Invoice: 69-536536 3.52 61061004 6530 PW Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 1-10282439 11/26/2024 20241227 40.33 Invoice: 1-10282439 40.33 61061009 6530 Pk Mant Eq - ReprParts ELLIOTT AUTO SUPPLY CO, INC 69-536580 11/26/2024 20241227 10.56 Invoice: 69-536580 10.56 61061006 6530 Fire Equip - ReprParts ELLIOTT AUTO SUPPLY CO, INC 69-536590 11/26/2024 20241227 106.94 Invoice: 69-536590 106.94 61061005 6530 Police Eq - ReprParts ELLIOTT AUTO SUPPLY CO, INC 1-10294345 12/02/2024 20241227 53.80 Invoice: 1-10294345 53.80 61061004 6530 PW Equip - ReprParts CHECK 502553 TOTAL: 1,718.17 Page 148 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502554 12/27/2024 PRTD 147181 FALLING BREWERY - BERGMAN LEDGE L E-17201 12/06/2024 20241227 240.00 Invoice: E-17201 240.00 5800 1356 Liquor BS - Inventory THC Bev FALLING BREWERY - BERGMAN LEDGE L E-17312 12/09/2024 20241227 400.00 Invoice: E-17312 400.00 5800 1356 Liquor BS - Inventory THC Bev FALLING BREWERY - BERGMAN LEDGE L E-17299 12/09/2024 20241227 240.00 Invoice: E-17299 240.00 5800 1356 Liquor BS - Inventory THC Bev FALLING BREWERY - BERGMAN LEDGE L E-17300 12/09/2024 20241227 201.00 Invoice: E-17300 201.00 5800 1354 Liquor BS - Inv Beer CHECK 502554 TOTAL: 1,081.00 502555 12/27/2024 PRTD 132866 SAWTOOTH HOLDINGS F23287 11/26/2024 20241227 2,650.00 Invoice: F23287 2,650.00 17017006 6406 Bldg Maint - SupOther CHECK 502555 TOTAL: 2,650.00 502556 12/27/2024 PRTD 101603 FLAHERTY'S HAPPY TYME CO 363 11/16/2024 20241227 156.00 Invoice: 363 156.00 5800 1355 Liquor BS - Inv Misc FLAHERTY'S HAPPY TYME CO 361 11/16/2024 20241227 156.00 Invoice: 361 156.00 5800 1355 Liquor BS - Inv Misc CHECK 502556 TOTAL: 312.00 502557 12/27/2024 PRTD 160289 GOLF COMPETE INC 12-2024-44224 12/01/2024 20241227 1,757.01 Invoice: 12-2024-44224 1,757.01 52052000 6160 Golf Gen - Sftwr&Data CHECK 502557 TOTAL: 1,757.01 502558 12/27/2024 PRTD 102456 GALLS PARENT HOLDINGS LLC 029757672 11/26/2024 20241227 202.97 Invoice: 029757672 Flex RS LS Supershirt - MIlburn 202.97 13013000 6203 Pol Ad Gen - Uniforms GALLS PARENT HOLDINGS LLC 029768900 11/27/2024 20241227 75.00 Invoice: 029768900 MENS L/S PDU RAPID SHIRT - Zeise 75.00 13013000 6203 Pol Ad Gen - Uniforms Page 149 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC GALLS PARENT HOLDINGS LLC 029768895 11/27/2024 20241227 173.71 Invoice: 029768895 Cameron Stewart BLAUER SOFTSHELL FLEECE 4660 173.71 13013000 6203 Pol Ad Gen - Uniforms CHECK 502558 TOTAL: 451.68 502559 12/27/2024 PRTD 100775 GENERAL SPORTS CORPORATION 1659 12/02/2024 20241227 93.89 Invoice: 1659 93.89 55055002 5510 Concession - CGS CHECK 502559 TOTAL: 93.89 502560 12/27/2024 PRTD 144982 GERTEN GREENHOUSES & GARDEN CENTE 215803/12-1 04/02/2024 20241227 426.68 Invoice: 215803/12-1 see credit memo 233051/12 426.68 52052000 6545 Golf Gen - Chemicals CHECK 502560 TOTAL: 426.68 502561 12/27/2024 PRTD 101103 WW GRAINGER 9329221932 11/27/2024 20241227 35.42 Invoice: 9329221932 35.42 17017006 6530 Bldg Maint - ReprParts CHECK 502561 TOTAL: 35.42 502562 12/27/2024 PRTD 161041 HAGGARD BARREL BREWING COMPANY LL 1104 12/12/2024 20241227 90.00 Invoice: 1104 90.00 5800 1354 Liquor BS - Inv Beer CHECK 502562 TOTAL: 90.00 502563 12/27/2024 PRTD 102060 HALLOCK COMPANY INC 284432-1 11/27/2024 20241227 197.98 Invoice: 284432-1 197.98 15415401 6180 Str Lt Reg - Rep&Maint CHECK 502563 TOTAL: 197.98 502564 12/27/2024 PRTD 100797 HAWKINS INC 6927263 11/27/2024 20241227 5,244.90 Invoice: 6927263 5,244.90 59059005 6545 Wat Treat - Chemicals HAWKINS INC 6927761 12/02/2024 20241227 18,038.99 Invoice: 6927761 18,038.99 59059005 6545 Wat Treat - Chemicals Page 150 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502564 TOTAL: 23,283.89 502565 12/27/2024 PRTD 143563 HEADFLYER BREWING E-6799 12/12/2024 20241227 175.00 Invoice: E-6799 175.00 5800 1354 Liquor BS - Inv Beer CHECK 502565 TOTAL: 175.00 502566 12/27/2024 PRTD 160008 RACHEL PETERSON 3626 12/02/2024 20241227 1,355.25 Invoice: 3626 November HPC Consulting Fees 1,355.25 10510500 6103 Plan Gen - Prof Svrs CHECK 502566 TOTAL: 1,355.25 502567 12/27/2024 PRTD 104375 HOHENSTEINS INC 777561 12/10/2024 20241227 984.00 Invoice: 777561 984.00 5800 1354 Liquor BS - Inv Beer HOHENSTEINS INC 777560 12/10/2024 20241227 54.00 Invoice: 777560 54.00 5800 1355 Liquor BS - Inv Misc HOHENSTEINS INC 777559 12/10/2024 20241227 790.50 Invoice: 777559 790.50 5800 1356 Liquor BS - Inventory THC Bev HOHENSTEINS INC 777558 12/10/2024 20241227 765.00 Invoice: 777558 765.00 5800 1356 Liquor BS - Inventory THC Bev HOHENSTEINS INC 777556 12/10/2024 20241227 275.70 Invoice: 777556 275.70 5800 1354 Liquor BS - Inv Beer HOHENSTEINS INC 777557 12/10/2024 20241227 120.00 Invoice: 777557 120.00 5800 1355 Liquor BS - Inv Misc HOHENSTEINS INC 777335 12/10/2024 20241227 967.50 Invoice: 777335 967.50 5800 1354 Liquor BS - Inv Beer CHECK 502567 TOTAL: 3,956.70 502568 12/27/2024 PRTD 100417 HORIZON CHEMICAL CO INV90522 11/12/2024 20241227 5,908.10 Invoice: INV90522 EP-pool lift 5,908.10 E FAC24102.MISCELLAN . . Page 151 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 40840801 6103 Faclt CP - Prof Svrs HORIZON CHEMICAL CO INV91139 11/27/2024 20241227 136.70 Invoice: INV91139 LIQUID REAGENT, TEST TABS ALKALINITY 136.70 54054001 6545 Operations - Chemicals CHECK 502568 TOTAL: 6,044.80 502569 12/27/2024 PRTD 146427 LUCID BREWING LLC IN-241693 12/11/2024 20241227 106.00 Invoice: IN-241693 106.00 5800 1354 Liquor BS - Inv Beer LUCID BREWING LLC IN-241694 12/11/2024 20241227 222.00 Invoice: IN-241694 222.00 5800 1356 Liquor BS - Inventory THC Bev CHECK 502569 TOTAL: 328.00 502570 12/27/2024 PRTD 160653 INSIGHT BREWING COMPANY LLC 20435 12/11/2024 20241227 179.89 Invoice: 20435 179.89 5800 1354 Liquor BS - Inv Beer INSIGHT BREWING COMPANY LLC 20409 12/11/2024 20241227 450.00 Invoice: 20409 450.00 5800 1356 Liquor BS - Inventory THC Bev CHECK 502570 TOTAL: 629.89 502571 12/27/2024 PRTD 161299 TWIN CITY EPOXY COATINGS LTD 1158 12/09/2024 20241227 6,950.00 Invoice: 1158 6,950.00 52052000 6103 Golf Gen - Prof Svrs CHECK 502571 TOTAL: 6,950.00 502572 12/27/2024 PRTD 100828 JERRY'S ENTERPRISES INC 79053 11/26/2024 20241227 23.39 Invoice: 79053 23.39 13013000 6406 Pol Ad Gen - SupOther JERRY'S ENTERPRISES INC 79056 11/27/2024 20241227 16.71 Invoice: 79056 mouse & rat traps 16.71 17017006 6406 Bldg Maint - SupOther JERRY'S ENTERPRISES INC 79068 11/30/2024 20241227 11.69 Invoice: 79068 11.69 59059003 6406 Wat Distr - SupOther JERRY'S ENTERPRISES INC 79085 12/02/2024 20241227 .36 Invoice: 79085 Page 152 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC .36 13013000 6406 Pol Ad Gen - SupOther JERRY'S ENTERPRISES INC 79114 12/04/2024 20241227 35.99 Invoice: 79114 35.99 63063000 6180 City Hall - Rep&Maint CHECK 502572 TOTAL: 88.14 502573 12/27/2024 PRTD 161144 JIXXIE 2183 12/11/2024 20241227 510.00 Invoice: 2183 510.00 5800 1356 Liquor BS - Inventory THC Bev CHECK 502573 TOTAL: 510.00 502574 12/27/2024 PRTD 100835 ARTISAN BEER COMPANY 3732667 12/12/2024 20241227 153.75 Invoice: 3732667 153.75 5800 1356 Liquor BS - Inventory THC Bev ARTISAN BEER COMPANY 3732863 12/12/2024 20241227 30.75 Invoice: 3732863 30.75 5800 1355 Liquor BS - Inv Misc ARTISAN BEER COMPANY 3732864 12/12/2024 20241227 1,203.50 Invoice: 3732864 1,203.50 5800 1354 Liquor BS - Inv Beer ARTISAN BEER COMPANY 3732862 12/12/2024 20241227 581.50 Invoice: 3732862 581.50 5800 1354 Liquor BS - Inv Beer ARTISAN BEER COMPANY 3732865 12/12/2024 20241227 344.60 Invoice: 3732865 344.60 5800 1354 Liquor BS - Inv Beer ARTISAN BEER COMPANY 3732866 12/12/2024 20241227 153.75 Invoice: 3732866 153.75 5800 1355 Liquor BS - Inv Misc CHECK 502574 TOTAL: 2,467.85 502575 12/27/2024 PRTD 100835 PHILLIPS WINE & SPIRITS 6893174 12/09/2024 20241227 67.55 Invoice: 6893174 .47 58258201 5512 Grnd Sell - CGS Liq 67.08 5800 1352 Liquor BS - Inv Liq PHILLIPS WINE & SPIRITS 6893175 12/09/2024 20241227 67.55 Invoice: 6893175 .47 58058001 5512 50th Sell - CGS Liq 67.08 5800 1352 Liquor BS - Inv Liq Page 153 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC PHILLIPS WINE & SPIRITS 6895809 12/12/2024 20241227 512.84 Invoice: 6895809 7.00 58258201 5512 Grnd Sell - CGS Liq 505.84 5800 1352 Liquor BS - Inv Liq PHILLIPS WINE & SPIRITS 6895807 12/12/2024 20241227 692.20 Invoice: 6895807 14.00 58258201 5513 Grnd Sell - CGS Wine 678.20 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6895808 12/12/2024 20241227 456.00 Invoice: 6895808 14.00 58258201 5513 Grnd Sell - CGS Wine 442.00 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6895806 12/12/2024 20241227 763.95 Invoice: 6895806 9.80 58158101 5512 Sthdl Sell - CGS Liq 754.15 5800 1352 Liquor BS - Inv Liq PHILLIPS WINE & SPIRITS 6895804 12/12/2024 20241227 1,192.40 Invoice: 6895804 25.20 58158101 5513 Sthdl Sell - CGS Wine 1,167.20 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6895803 12/12/2024 20241227 1,330.70 Invoice: 6895803 15.40 58158101 5513 Sthdl Sell - CGS Wine 1,315.30 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6895805 12/12/2024 20241227 52.35 Invoice: 6895805 1.40 58158101 5515 Sthdl Sell - CGS Other 50.95 5800 1355 Liquor BS - Inv Misc PHILLIPS WINE & SPIRITS 6895801 12/12/2024 20241227 268.40 Invoice: 6895801 4.20 58058001 5515 50th Sell - CGS Other 264.20 5800 1355 Liquor BS - Inv Misc PHILLIPS WINE & SPIRITS 6895800 12/12/2024 20241227 1,004.00 Invoice: 6895800 11.20 58058001 5513 50th Sell - CGS Wine 992.80 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6895802 12/12/2024 20241227 521.35 Invoice: 6895802 5.60 58058001 5512 50th Sell - CGS Liq 515.75 5800 1352 Liquor BS - Inv Liq PHILLIPS WINE & SPIRITS 6895810 12/12/2024 20241227 211.50 Page 154 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC Invoice: 6895810 4.20 58258201 5515 Grnd Sell - CGS Other 207.30 5800 1355 Liquor BS - Inv Misc PHILLIPS WINE & SPIRITS 6896096 12/12/2024 20241227 31.81 Invoice: 6896096 .23 58158101 5512 Sthdl Sell - CGS Liq 31.58 5800 1352 Liquor BS - Inv Liq PHILLIPS WINE & SPIRITS 6896095 12/12/2024 20241227 162.80 Invoice: 6896095 2.80 58158101 5513 Sthdl Sell - CGS Wine 160.00 5800 1353 Liquor BS - Inv Wine PHILLIPS WINE & SPIRITS 6893176 12/09/2024 20241227 67.55 Invoice: 6893176 .47 58158101 5512 Sthdl Sell - CGS Liq 67.08 5800 1352 Liquor BS - Inv Liq CHECK 502575 TOTAL: 7,402.95 502576 12/27/2024 PRTD 100835 WINE MERCHANTS 7498622 11/27/2024 20241227 600.00 Invoice: 7498622 600.00 5800 1353 Liquor BS - Inv Wine WINE MERCHANTS 7500383 12/12/2024 20241227 591.20 Invoice: 7500383 4.20 58158101 5513 Sthdl Sell - CGS Wine 587.00 5800 1353 Liquor BS - Inv Wine WINE MERCHANTS 7500382 12/12/2024 20241227 981.80 Invoice: 7500382 9.80 58058001 5513 50th Sell - CGS Wine 972.00 5800 1353 Liquor BS - Inv Wine WINE MERCHANTS 7500384 12/12/2024 20241227 121.40 Invoice: 7500384 1.40 58258201 5515 Grnd Sell - CGS Other 120.00 5800 1355 Liquor BS - Inv Misc WINE MERCHANTS 7500385 12/12/2024 20241227 1,465.60 Invoice: 7500385 12.60 58258201 5513 Grnd Sell - CGS Wine 1,453.00 5800 1353 Liquor BS - Inv Wine WINE MERCHANTS 7500452 12/12/2024 20241227 4.20 Invoice: 7500452 4.20 58258201 5513 Grnd Sell - CGS Wine WINE MERCHANTS 7500479 12/12/2024 20241227 207.00 Invoice: 7500479 Page 155 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 207.00 5800 1353 Liquor BS - Inv Wine WINE MERCHANTS 7500446 12/12/2024 20241227 385.40 Invoice: 7500446 1.40 58258201 5513 Grnd Sell - CGS Wine 384.00 5800 1353 Liquor BS - Inv Wine CHECK 502576 TOTAL: 4,356.60 502577 12/27/2024 PRTD 100835 JOHNSON BROTHERS LIQUOR CO 2685898 12/12/2024 20241227 181.80 Invoice: 2685898 2.80 58258201 5512 Grnd Sell - CGS Liq 179.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685894 12/12/2024 20241227 1,277.85 Invoice: 2685894 12.60 58258201 5512 Grnd Sell - CGS Liq 1,265.25 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685896 12/12/2024 20241227 1,101.60 Invoice: 2685896 8.40 58258201 5512 Grnd Sell - CGS Liq 1,093.20 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685899 12/12/2024 20241227 55.40 Invoice: 2685899 1.40 58258201 5512 Grnd Sell - CGS Liq 54.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685897 12/12/2024 20241227 279.00 Invoice: 2685897 7.00 58258201 5513 Grnd Sell - CGS Wine 272.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685895 12/12/2024 20241227 1,832.05 Invoice: 2685895 21.00 58258201 5513 Grnd Sell - CGS Wine 1,811.05 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685893 12/12/2024 20241227 975.03 Invoice: 2685893 11.20 58258201 5513 Grnd Sell - CGS Wine 963.83 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685900 12/12/2024 20241227 649.80 Invoice: 2685900 9.80 58258201 5513 Grnd Sell - CGS Wine 640.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685889 12/12/2024 20241227 652.60 Invoice: 2685889 Page 156 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 12.60 58158101 5512 Sthdl Sell - CGS Liq 640.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685891 12/12/2024 20241227 296.20 Invoice: 2685891 4.20 58158101 5512 Sthdl Sell - CGS Liq 292.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685888 12/12/2024 20241227 2,289.18 Invoice: 2685888 16.80 58158101 5512 Sthdl Sell - CGS Liq 2,272.38 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685886 12/12/2024 20241227 748.16 Invoice: 2685886 11.20 58158101 5512 Sthdl Sell - CGS Liq 736.96 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685892 12/12/2024 20241227 646.00 Invoice: 2685892 14.00 58158101 5513 Sthdl Sell - CGS Wine 632.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685890 12/12/2024 20241227 557.80 Invoice: 2685890 9.80 58158101 5513 Sthdl Sell - CGS Wine 548.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685887 12/12/2024 20241227 2,960.95 Invoice: 2685887 39.20 58158101 5513 Sthdl Sell - CGS Wine 2,921.75 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685885 12/12/2024 20241227 162.05 Invoice: 2685885 2.80 58158101 5513 Sthdl Sell - CGS Wine 159.25 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685883 12/12/2024 20241227 3,477.80 Invoice: 2685883 37.80 58058001 5513 50th Sell - CGS Wine 3,440.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685881 12/12/2024 20241227 201.40 Invoice: 2685881 1.40 58058001 5513 50th Sell - CGS Wine 200.00 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685879 12/12/2024 20241227 1,199.40 Invoice: 2685879 14.00 58058001 5513 50th Sell - CGS Wine 1,185.40 5800 1353 Liquor BS - Inv Wine Page 157 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC JOHNSON BROTHERS LIQUOR CO 2685877 12/12/2024 20241227 444.53 Invoice: 2685877 5.60 58058001 5513 50th Sell - CGS Wine 438.93 5800 1353 Liquor BS - Inv Wine JOHNSON BROTHERS LIQUOR CO 2685884 12/12/2024 20241227 97.40 Invoice: 2685884 1.40 58058001 5512 50th Sell - CGS Liq 96.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685882 12/12/2024 20241227 81.40 Invoice: 2685882 1.40 58058001 5512 50th Sell - CGS Liq 80.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685878 12/12/2024 20241227 226.40 Invoice: 2685878 1.40 58058001 5512 50th Sell - CGS Liq 225.00 5800 1352 Liquor BS - Inv Liq JOHNSON BROTHERS LIQUOR CO 2685880 12/12/2024 20241227 1,416.20 Invoice: 2685880 11.20 58058001 5512 50th Sell - CGS Liq 1,405.00 5800 1352 Liquor BS - Inv Liq CHECK 502577 TOTAL: 21,810.00 502578 12/27/2024 PRTD 145396 JUNKYARD BREWING COMPANY LLC 007342 12/09/2024 20241227 142.00 Invoice: 007342 142.00 5800 1354 Liquor BS - Inv Beer CHECK 502578 TOTAL: 142.00 502579 12/27/2024 PRTD 124002 KIMLEY-HORN AND ASSOCIATES INC 30048747 10/31/2024 20241227 2,550.62 Invoice: 30048747 850.21 E ENG23115.CONST.SANI.CONSULTING. 59005910 1605 Sew BS - PurchCIP 850.21 E ENG23115.CONST.STRM.CONSULTING. 59005920 1605 Stm BS - PurchCIP 850.20 E ENG23115.CONST.WAT .CONSULTING. 59005900 1605 Wat BS - PurchCIP CHECK 502579 TOTAL: 2,550.62 Page 158 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502580 12/27/2024 PRTD 138301 KRIS ENGINEERING INC 40651 12/02/2024 20241227 3,473.75 Invoice: 40651 3,473.75 61061004 6530 PW Equip - ReprParts CHECK 502580 TOTAL: 3,473.75 502581 12/27/2024 PRTD 151024 LA DONA SBC 7537 12/11/2024 20241227 82.00 Invoice: 7537 82.00 5800 1354 Liquor BS - Inv Beer CHECK 502581 TOTAL: 82.00 502582 12/27/2024 PRTD 101220 LANO EQUIPMENT INC 01-1121136 11/26/2024 20241227 124.35 Invoice: 01-1121136 124.35 61061004 6530 PW Equip - ReprParts CHECK 502582 TOTAL: 124.35 502583 12/27/2024 PRTD 100852 LAWSON PRODUCTS INC 9312011792 11/15/2024 20241227 790.58 Invoice: 9312011792 790.58 61061004 6530 PW Equip - ReprParts LAWSON PRODUCTS INC 9600156328 11/18/2024 20241227 -1,068.91 Invoice: 9600156328 -1,068.91 61061004 6530 PW Equip - ReprParts LAWSON PRODUCTS INC 9312030058 11/22/2024 20241227 386.12 Invoice: 9312030058 386.12 61061004 6530 PW Equip - ReprParts CHECK 502583 TOTAL: 107.79 502584 12/27/2024 PRTD 101552 LEAGUE OF MINNESOTA CITIES 23670 12/01/2024 20241227 5,932.48 Invoice: 23670 WC Richard Griffiths 5,932.48 60060001 6045 Work Comp - Work Comp LEAGUE OF MINNESOTA CITIES 23644 12/01/2024 20241227 1,127.96 Invoice: 23644 WC Mark Resch 1,127.96 60060001 6045 Work Comp - Work Comp LEAGUE OF MINNESOTA CITIES 23578 12/01/2024 20241227 1,676.20 Invoice: 23578 WC Todd Porthan 1,676.20 60060001 6045 Work Comp - Work Comp CHECK 502584 TOTAL: 8,736.64 Page 159 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 502585 12/27/2024 PRTD 135867 LIBATION PROJECT 80452 12/10/2024 20241227 630.04 Invoice: 80452 10.00 58158101 5513 Sthdl Sell - CGS Wine 620.04 5800 1353 Liquor BS - Inv Wine LIBATION PROJECT 80445 12/10/2024 20241227 756.08 Invoice: 80445 8.00 58258201 5513 Grnd Sell - CGS Wine 748.08 5800 1353 Liquor BS - Inv Wine LIBATION PROJECT 80441 12/10/2024 20241227 310.00 Invoice: 80441 4.00 58258201 5512 Grnd Sell - CGS Liq 306.00 5800 1352 Liquor BS - Inv Liq LIBATION PROJECT 80449 12/10/2024 20241227 618.04 Invoice: 80449 10.00 58058001 5513 50th Sell - CGS Wine 608.04 5800 1353 Liquor BS - Inv Wine CHECK 502585 TOTAL: 2,314.16 502586 12/27/2024 PRTD 100858 LOGIS 98003 11/13/2024 20241227 105.00 Invoice: 98003 Soft Tokens 105.00 62062000 6160 I.T. Gen - Sftwr&Data LOGIS 98005 11/13/2024 20241227 590.64 Invoice: 98005 50th & France FIN23501.MISCELLAN FS3 Inv 90932 590.64 E FIN23501.MISCELLAN . . 10810801 6103 Fin Othr - Prof Svrs LOGIS 98007 11/13/2024 20241227 1,650.00 Invoice: 98007 ISG Inv 109175, Fire Station, PW 351460 1,650.00 E FIR21008.CONSTRUCTN. . 40500000 6713 Fire CP - CapBldStrc LOGIS 98009 11/13/2024 20241227 1,767.44 Invoice: 98009 Raise Handhold at 72nd and Clairmore 1,767.44 62062000 6103 I.T. Gen - Prof Svrs LOGIS 99002 11/13/2024 20241227 3,572.00 Invoice: 99002 EPS Inv 22572, Braemer Arena Field camera project 3,572.00 E ENG22103.MISCELLAN .SERVICES . 40840801 6710 Faclt CP - Cap Other LOGIS 99003 11/13/2024 20241227 2,617.35 Invoice: 99003 Microsoft subscription licenses Page 160 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 2,617.35 62062000 6160 I.T. Gen - Sftwr&Data CHECK 502586 TOTAL: 10,302.43 502587 12/27/2024 PRTD 160548 LUCE LINE BREWING CO LLC E-3291 12/12/2024 20241227 70.00 Invoice: E-3291 70.00 5800 1356 Liquor BS - Inventory THC Bev LUCE LINE BREWING CO LLC E-3290 12/12/2024 20241227 65.00 Invoice: E-3290 65.00 5800 1354 Liquor BS - Inv Beer LUCE LINE BREWING CO LLC E-3283 12/12/2024 20241227 205.00 Invoice: E-3283 205.00 5800 1354 Liquor BS - Inv Beer CHECK 502587 TOTAL: 340.00 502588 12/27/2024 PRTD 141916 LUPULIN BREWING COMPANY 64232 12/10/2024 20241227 129.00 Invoice: 64232 129.00 5800 1354 Liquor BS - Inv Beer CHECK 502588 TOTAL: 129.00 502589 12/27/2024 PRTD 123848 LVC COMPANIES INC 156535 11/27/2024 20241227 7,072.00 Invoice: 156535 Remove & replace 4 sprinkler heads and 8 dry heads 7,072.00 58258200 6180 Grnd AdGe - Rep&Maint CHECK 502589 TOTAL: 7,072.00 502590 12/27/2024 PRTD 100864 MACQUEEN EQUIPMENT LLC P39633 11/27/2024 20241227 601.68 Invoice: P39633 GLOBE SUPREME BOOT WITH ARCTIC GRIP 601.68 12012000 6552 Fire Gen - ProtcClth CHECK 502590 TOTAL: 601.68 502591 12/27/2024 PRTD 129830 MAPMO 2024 DEC MAPMO TRAIN12/02/2024 20241227 80.00 Invoice: 2024 DEC MAPMO TRAIN 80.00 12100000 6104 Build Insp - Conf&Schls CHECK 502591 TOTAL: 80.00 502592 12/27/2024 PRTD 160297 MARIE RIDGEWAY LICSW LLC 3004 12/01/2024 20241227 130.00 Invoice: 3004 130.00 13013000 6175 Pol Ad Gen - EmpExams Page 161 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC CHECK 502592 TOTAL: 130.00 502593 12/27/2024 PRTD 122878 MARTTI, DOROTHEA J 299 11/27/2024 20241227 330.00 Invoice: 299 "Agenda: Edina" Hosting Fee 330.00 10410402 6103 Video Pro - Prof Svrs CHECK 502593 TOTAL: 330.00 502594 12/27/2024 PRTD 141215 MAVERICK WINE LLC INV1443690 12/06/2024 20241227 421.50 Invoice: INV1443690 1.50 58158101 5512 Sthdl Sell - CGS Liq 420.00 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1443680 12/06/2024 20241227 421.50 Invoice: INV1443680 1.50 58258201 5512 Grnd Sell - CGS Liq 420.00 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1443687 12/06/2024 20241227 421.50 Invoice: INV1443687 1.50 58058001 5512 50th Sell - CGS Liq 420.00 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1447639/1447663 12/11/2024 20241227 836.04 Invoice: INV1447639/1447663 12.00 58158101 5513 Sthdl Sell - CGS Wine 824.04 5800 1353 Liquor BS - Inv Wine MAVERICK WINE LLC INV1449060 12/12/2024 20241227 224.49 Invoice: INV1449060 1.50 58158101 5512 Sthdl Sell - CGS Liq 222.99 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1447647 12/11/2024 20241227 277.50 Invoice: INV1447647 1.50 58158101 5512 Sthdl Sell - CGS Liq 276.00 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1447621 12/11/2024 20241227 224.49 Invoice: INV1447621 1.50 58058001 5512 50th Sell - CGS Liq 222.99 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1447671 12/11/2024 20241227 430.08 Invoice: INV1447671 6.00 58058001 5513 50th Sell - CGS Wine 424.08 5800 1353 Liquor BS - Inv Wine MAVERICK WINE LLC INV1449061 12/12/2024 20241227 249.00 Invoice: INV1449061 Page 162 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram 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 INVOICE DTL DESC 1.50 58258201 5512 Grnd Sell - CGS Liq 247.50 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1449062 12/12/2024 20241227 224.49 Invoice: INV1449062 1.50 58258201 5512 Grnd Sell - CGS Liq 222.99 5800 1352 Liquor BS - Inv Liq MAVERICK WINE LLC INV1447653 12/11/2024 20241227 719.16 Invoice: INV1447653 9.00 58258201 5513 Grnd Sell - CGS Wine 710.16 5800 1353 Liquor BS - Inv Wine CHECK 502594 TOTAL: 4,449.75 502595 12/27/2024 PRTD 146040 MEGA BEER LLC IN-18961 12/11/2024 20241227 186.25 Invoice: IN-18961 186.25 5800 1354 Liquor BS - Inv Beer CHECK 502595 TOTAL: 186.25 502596 12/27/2024 PRTD 101483 MENARDS 97704 11/05/2024 20241227 65.01 Invoice: 97704 Ice Melt shakers, Duct Tape, and Driveway markets 65.01 54054001 6406 Operations - SupOther CHECK 502596 TOTAL: 65.01 502597 12/27/2024 PRTD 160530 METRO ELEVATOR INC 95973 11/27/2024 20241227 608.56 Invoice: 95973 608.56 12012001 6102 Station 1 - Contr Svrs METRO ELEVATOR INC 95587 12/01/2024 20241227 180.00 Invoice: 95587 Elevator monitoring, Edinborough 180.00 54054001 6230 Operations - SrvCntrcts CHECK 502597 TOTAL: 788.56 502598 12/27/2024 PRTD 103931 MINNEAPOLIS GLASS COMPANY 18233 11/21/2024 20241227 11,068.00 Invoice: 18233 11,068.00 17017010 6103 Sr Cnt Mnt - Prof Svrs CHECK 502598 TOTAL: 11,068.00 502599 12/27/2024 PRTD 100522 MINNESOTA AIR INC 7239894-00 12/02/2024 20241227 347.10 Invoice: 7239894-00 347.10 12012000 6180 Fire Gen - Rep&Maint Page 163 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 33 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502599 TOTAL: 347.10 502600 12/27/2024 PRTD 128914 BJKK DEVELOPMENT 37127 11/29/2024 20241227 50.59 Invoice: 37127 17 Postcard mailing "Meet Lindsay" 50.59 12100000 6575 Build Insp - Printing CHECK 502600 TOTAL: 50.59 502601 12/27/2024 PRTD 140955 MODIST BREWING LLC E-55617 12/10/2024 20241227 163.75 Invoice: E-55617 163.75 5800 1354 Liquor BS - Inv Beer MODIST BREWING LLC E-55616 12/10/2024 20241227 262.75 Invoice: E-55616 262.75 5800 1354 Liquor BS - Inv Beer CHECK 502601 TOTAL: 426.50 502602 12/27/2024 PRTD 141377 MONTGOMERY BREWING COMPANY LLC E-4795 12/06/2024 20241227 472.51 Invoice: E-4795 472.51 5800 1354 Liquor BS - Inv Beer CHECK 502602 TOTAL: 472.51 502603 12/27/2024 PRTD 100906 MTI DISTRIBUTING INC 1456821-00 11/26/2024 20241227 615.92 Invoice: 1456821-00 Short pay $9.51 MN State Tax %6.875 615.92 52052000 6611 Golf Gen - IrrigEquip MTI DISTRIBUTING INC 1450310-00 09/20/2024 20241227 230.77 Invoice: 1450310-00 230.77 52052000 6530 Golf Gen - ReprParts CHECK 502603 TOTAL: 846.69 502604 12/27/2024 PRTD 121233 NARDINI FIRE EQUIPMENT COMPANY IN IV00312533 11/26/2024 20241227 651.00 Invoice: IV00312533 651.00 63063000 6103 City Hall - Prof Svrs NARDINI FIRE EQUIPMENT COMPANY IN IV00312582 11/26/2024 20241227 586.00 Invoice: IV00312582 586.00 63063000 6103 City Hall - Prof Svrs CHECK 502604 TOTAL: 1,237.00 Page 164 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 34 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 502605 12/27/2024 PRTD 100076 NEW FRANCE WINE CO 233352 12/11/2024 20241227 1,176.00 Invoice: 233352 20.00 58158101 5513 Sthdl Sell - CGS Wine 1,156.00 5800 1353 Liquor BS - Inv Wine NEW FRANCE WINE CO 233351 12/11/2024 20241227 158.50 Invoice: 233351 2.50 58058001 5512 50th Sell - CGS Liq 156.00 5800 1352 Liquor BS - Inv Liq NEW FRANCE WINE CO 233353 12/11/2024 20241227 1,023.00 Invoice: 233353 15.00 58058001 5513 50th Sell - CGS Wine 1,008.00 5800 1353 Liquor BS - Inv Wine NEW FRANCE WINE CO 233350 12/11/2024 20241227 940.50 Invoice: 233350 12.50 58258201 5513 Grnd Sell - CGS Wine 928.00 5800 1353 Liquor BS - Inv Wine NEW FRANCE WINE CO 190197 10/01/2024 20241227 -28.33 Invoice: 190197 -28.33 5800 1353 Liquor BS - Inv Wine CHECK 502605 TOTAL: 3,269.67 502606 12/27/2024 PRTD 142880 NORDIC SOLAR HOLDCO LLC INV-NSH004847 12/02/2024 20241227 8,068.62 Invoice: INV-NSH004847 10/1/2024 - 10/31/2024 8,068.62 59059002 6185 Wat Wells - Elec&Solar CHECK 502606 TOTAL: 8,068.62 502607 12/27/2024 PRTD 160281 OHLAND COMMERCIAL SERVICES LLC 2510 12/01/2024 20241227 810.00 Invoice: 2510 Monthly snow removal for December 810.00 12012000 6103 Fire Gen - Prof Svrs CHECK 502607 TOTAL: 810.00 502608 12/27/2024 PRTD 115669 ON CALL SERVICES LLC 3415 12/13/2024 20241227 1,400.00 Invoice: 3415 Repair/Install Tuff net on slides 1,400.00 E FIN21900.MISCELLAN . . 10810801 6713 Fin Other - CapBldStrc CHECK 502608 TOTAL: 1,400.00 Page 165 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 35 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 502609 12/27/2024 PRTD 999994 DT6 650545-7635873458 11/18/2024 20241227 1,012.01 Invoice: 650545-7635873458 HYDRANT METER RENTAL REFUND 1,073.10 59059000 4626 Wat UB - Watr Chrgs -61.09 59005900 2039 Wat BS - Sls&UseTax CHECK 502609 TOTAL: 1,012.01 502610 12/27/2024 PRTD 999994 Edina Realty Title 30890856 12/13/2024 20241227 5,515.08 Invoice: 30890856 Refund Special Asses-5905 Chowen Ave 5,515.08 10600000 4391 Assessing - Other Fees CHECK 502610 TOTAL: 5,515.08 502611 12/27/2024 PRTD 999997 THOMAS, TERRY 129021 12/16/2024 20241227 261.63 Invoice: 129021 UB 0332800009 7221 MONARDO 261.63 59005900 1211 Wat BS - Accts Rec CHECK 502611 TOTAL: 261.63 502612 12/27/2024 PRTD 100944 PAUSTIS WINE COMPANY 254058 12/10/2024 20241227 1,162.50 Invoice: 254058 10.50 58158101 5513 Sthdl Sell - CGS Wine 1,152.00 5800 1353 Liquor BS - Inv Wine PAUSTIS WINE COMPANY 254068 12/10/2024 20241227 669.00 Invoice: 254068 15.00 58058001 5513 50th Sell - CGS Wine 654.00 5800 1353 Liquor BS - Inv Wine PAUSTIS WINE COMPANY 254064 12/10/2024 20241227 983.50 Invoice: 254064 13.50 58258201 5513 Grnd Sell - CGS Wine 970.00 5800 1353 Liquor BS - Inv Wine CHECK 502612 TOTAL: 2,815.00 502613 12/27/2024 PRTD 100945 PEPSI-COLA COMPANY 68129008 12/16/2024 20241227 362.55 Invoice: 68129008 362.55 5800 1355 Liquor BS - Inv Misc CHECK 502613 TOTAL: 362.55 502614 12/27/2024 PRTD 160261 PETERSON, RACHAEL NOV 2024 11/27/2024 20241227 470.00 Invoice: NOV 2024 Edina Police Department November Invoice 470.00 13013000 6175 Pol Ad Gen - EmpExams Page 166 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 36 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502614 TOTAL: 470.00 502615 12/27/2024 PRTD 160794 PILMARK LLC 208160-120124 12/01/2024 20241227 2,646.26 Invoice: 208160-120124 Police Department Edina, Uniforms 2,646.26 13013000 6201 Pol Ad Gen - Laundry CHECK 502615 TOTAL: 2,646.26 502616 12/27/2024 PRTD 102423 PLAISTED COMPANIES INC 77579 11/30/2024 20241227 1,486.12 Invoice: 77579 1,486.12 52052000 6517 Golf Gen - RckGrvlSnd CHECK 502616 TOTAL: 1,486.12 502617 12/27/2024 PRTD 119620 POMP'S TIRE SERVICE INC 210742591 12/02/2024 20241227 3,816.14 Invoice: 210742591 3,816.14 61061004 6583 PW Equip - Tire&Tube CHECK 502617 TOTAL: 3,816.14 502618 12/27/2024 PRTD 106322 SCHENCK, DAVID 162010 11/27/2024 20241227 1,301.33 Invoice: 162010 1,301.33 55055001 6511 Bldg/Grnds - SupCustod CHECK 502618 TOTAL: 1,301.33 502619 12/27/2024 PRTD 143618 PRYES BREWING COMPANY LLC W-88956 12/11/2024 20241227 508.00 Invoice: W-88956 508.00 5800 1354 Liquor BS - Inv Beer PRYES BREWING COMPANY LLC W-88903 12/11/2024 20241227 193.25 Invoice: W-88903 193.25 5800 1354 Liquor BS - Inv Beer CHECK 502619 TOTAL: 701.25 502620 12/27/2024 PRTD 138267 QUALITY LOCKSMITH INC QLS29250 11/26/2024 20241227 888.63 Invoice: QLS29250 385.00 63063000 6180 City Hall - Rep&Maint 503.63 17017000 6103 Prk Mnt Ad - Prof Svrs CHECK 502620 TOTAL: 888.63 Page 167 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 37 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 502621 12/27/2024 PRTD 100972 R & R SPECIALTIES INC 0083810-IN 11/27/2024 20241227 362.70 Invoice: 0083810-IN 362.70 55055003 6180 Ice Maint - Rep&Maint R & R SPECIALTIES INC 0083783-IN 11/26/2024 20241227 2,817.50 Invoice: 0083783-IN Braemar Arena-backyard ice paint 2,817.50 55055003 6103 Ice Maint - Prof Svrs CHECK 502621 TOTAL: 3,180.20 502622 12/27/2024 PRTD 100977 RICHFIELD PLUMBING COMPANY 90775 11/26/2024 20241227 1,362.00 Invoice: 90775 1,362.00 55055001 6180 Bldg/Grnds - Rep&Maint CHECK 502622 TOTAL: 1,362.00 502623 12/27/2024 PRTD 102407 RICHFIELD TRANSMISSION 018527 10/09/2024 20241227 6,155.93 Invoice: 018527 6,155.93 61061015 6180 Utl Equip - Rep&Maint CHECK 502623 TOTAL: 6,155.93 502624 12/27/2024 PRTD 161212 RIVER VALLEY VETERINARY SERVICES 724291 11/07/2024 20241227 98.00 Invoice: 724291 98.00 13013000 6406 Pol Ad Gen - SupOther RIVER VALLEY VETERINARY SERVICES 724292 11/07/2024 20241227 117.60 Invoice: 724292 117.60 13013000 6406 Pol Ad Gen - SupOther RIVER VALLEY VETERINARY SERVICES 726129 11/25/2024 20241227 632.80 Invoice: 726129 632.80 13013000 6406 Pol Ad Gen - SupOther CHECK 502624 TOTAL: 848.40 502625 12/27/2024 PRTD 127639 MIDWAY FORD COMPANY 859241 11/26/2024 20241227 261.98 Invoice: 859241 261.98 61061015 6530 Utl Equip - ReprParts CHECK 502625 TOTAL: 261.98 502626 12/27/2024 PRTD 139439 RUE 38 LLC 202879 12/11/2024 20241227 180.50 Invoice: 202879 4.50 58158101 5513 Sthdl Sell - CGS Wine 176.00 5800 1353 Liquor BS - Inv Wine Page 168 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 38 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502626 TOTAL: 180.50 502627 12/27/2024 PRTD 134173 SAFE-FAST INC INV300651 11/30/2024 20241227 457.60 Invoice: INV300651 457.60 59059003 6610 Wat Distr - Saf Equip CHECK 502627 TOTAL: 457.60 502628 12/27/2024 PRTD 129348 OLSON, BRADLEY D 112624 11/26/2024 20241227 5,215.00 Invoice: 112624 5,215.00 14014000 6104 PW Adm Gen - Conf&Schls CHECK 502628 TOTAL: 5,215.00 502629 12/27/2024 PRTD 160574 JEAN, SANDRA 16/2024 11/30/2024 20241227 800.00 Invoice: 16/2024 November interior plant maintenence 800.00 54054001 6541 Operations - TrFlwShrb CHECK 502629 TOTAL: 800.00 502630 12/27/2024 PRTD 103409 KELBRO COMPANY 3501328723 12/12/2024 20241227 209.65 Invoice: 3501328723 10.00 58258201 5515 Grnd Sell - CGS Other 199.65 5800 1355 Liquor BS - Inv Misc CHECK 502630 TOTAL: 209.65 502631 12/27/2024 PRTD 160278 ROHN INDUSTRIES, INC 0035457 10/30/2024 20241227 35.80 Invoice: 0035457 35.80 10210200 6160 Cty Ck Gen - Sftwr&Data ROHN INDUSTRIES, INC 0032598 09/18/2024 20241227 73.50 Invoice: 0032598 73.50 10210200 6160 Cty Ck Gen - Sftwr&Data ROHN INDUSTRIES, INC 0031781 09/04/2024 20241227 35.80 Invoice: 0031781 35.80 10210200 6160 Cty Ck Gen - Sftwr&Data ROHN INDUSTRIES, INC 0037335 11/27/2024 20241227 35.80 Invoice: 0037335 35.80 10210200 6160 Cty Ck Gen - Sftwr&Data CHECK 502631 TOTAL: 180.90 Page 169 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 39 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 502632 12/27/2024 PRTD 132195 SMALL LOT COOP MN85157 12/10/2024 20241227 1,027.80 Invoice: MN85157 1,027.80 5800 1353 Liquor BS - Inv Wine SMALL LOT COOP MN85144 12/10/2024 20241227 97.50 Invoice: MN85144 1.50 58258201 5515 Grnd Sell - CGS Other 96.00 5800 1355 Liquor BS - Inv Misc SMALL LOT COOP MN85163 12/10/2024 20241227 189.48 Invoice: MN85163 1.50 58258201 5513 Grnd Sell - CGS Wine 187.98 5800 1353 Liquor BS - Inv Wine SMALL LOT COOP MN85143 12/10/2024 20241227 304.50 Invoice: MN85143 4.50 58258201 5513 Grnd Sell - CGS Wine 300.00 5800 1353 Liquor BS - Inv Wine SMALL LOT COOP MN85238 12/10/2024 20241227 503.88 Invoice: MN85238 503.88 5800 1353 Liquor BS - Inv Wine SMALL LOT COOP MN85142 12/10/2024 20241227 133.04 Invoice: MN85142 5.00 58058001 5513 50th Sell - CGS Wine 128.04 5800 1353 Liquor BS - Inv Wine SMALL LOT COOP MN85239 12/10/2024 20241227 216.00 Invoice: MN85239 216.00 5800 1353 Liquor BS - Inv Wine CHECK 502632 TOTAL: 2,472.20 502633 12/27/2024 PRTD 100430 SNAP-ON INDUSTRIAL ARV/63192651 11/21/2024 20241227 243.03 Invoice: ARV/63192651 243.03 61061004 6556 PW Equip - Tool&Acces SNAP-ON INDUSTRIAL ARV/63254787 11/27/2024 20241227 108.92 Invoice: ARV/63254787 108.92 61061004 6556 PW Equip - Tool&Acces CHECK 502633 TOTAL: 351.95 502634 12/27/2024 PRTD 140502 SOUTH METRO FIRE DEPARTMENT SMFD-11/24-1 11/05/2024 20241227 2,469.41 Invoice: SMFD-11/24-1 2,469.41 72000000 6406 MN TF 1 - SupOther Page 170 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 40 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502634 TOTAL: 2,469.41 502635 12/27/2024 PRTD 127878 SOUTHERN GLAZERS WINE & SPIRITS L 2564299 12/11/2024 20241227 2,926.33 Invoice: 2564299 12.26 58158101 5512 Sthdl Sell - CGS Liq 2,914.07 5800 1352 Liquor BS - Inv Liq SOUTHERN GLAZERS WINE & SPIRITS L 2564296 12/11/2024 20241227 3,333.52 Invoice: 2564296 26.40 58158101 5512 Sthdl Sell - CGS Liq 3,307.12 5800 1352 Liquor BS - Inv Liq SOUTHERN GLAZERS WINE & SPIRITS L 2564297 12/11/2024 20241227 180.60 Invoice: 2564297 5.60 58158101 5515 Sthdl Sell - CGS Other 175.00 5800 1355 Liquor BS - Inv Misc SOUTHERN GLAZERS WINE & SPIRITS L 2564298 12/11/2024 20241227 91.58 Invoice: 2564298 1.60 58158101 5513 Sthdl Sell - CGS Wine 89.98 5800 1353 Liquor BS - Inv Wine SOUTHERN GLAZERS WINE & SPIRITS L 2564294 12/11/2024 20241227 396.28 Invoice: 2564294 5.60 58158101 5513 Sthdl Sell - CGS Wine 390.68 5800 1353 Liquor BS - Inv Wine SOUTHERN GLAZERS WINE & SPIRITS L 2564291 12/11/2024 20241227 1,928.61 Invoice: 2564291 7.33 58058001 5512 50th Sell - CGS Liq 1,921.28 5800 1352 Liquor BS - Inv Liq SOUTHERN GLAZERS WINE & SPIRITS L 2564290 12/11/2024 20241227 704.80 Invoice: 2564290 4.80 58058001 5512 50th Sell - CGS Liq 700.00 5800 1352 Liquor BS - Inv Liq SOUTHERN GLAZERS WINE & SPIRITS L 2564292 12/11/2024 20241227 27.80 Invoice: 2564292 .80 58058001 5515 50th Sell - CGS Other 27.00 5800 1355 Liquor BS - Inv Misc SOUTHERN GLAZERS WINE & SPIRITS L 2564293 12/11/2024 20241227 208.80 Invoice: 2564293 .80 58058001 5513 50th Sell - CGS Wine 208.00 5800 1353 Liquor BS - Inv Wine SOUTHERN GLAZERS WINE & SPIRITS L 2564303 12/11/2024 20241227 975.51 Invoice: 2564303 5.60 58258201 5512 Grnd Sell - CGS Liq 969.91 5800 1352 Liquor BS - Inv Liq Page 171 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 41 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC SOUTHERN GLAZERS WINE & SPIRITS L 2564301 12/11/2024 20241227 980.09 Invoice: 2564301 4.20 58258201 5512 Grnd Sell - CGS Liq 975.89 5800 1352 Liquor BS - Inv Liq SOUTHERN GLAZERS WINE & SPIRITS L 2564300 12/11/2024 20241227 770.24 Invoice: 2564300 6.40 58258201 5513 Grnd Sell - CGS Wine 763.84 5800 1353 Liquor BS - Inv Wine SOUTHERN GLAZERS WINE & SPIRITS L 2564302 12/11/2024 20241227 91.58 Invoice: 2564302 1.60 58258201 5513 Grnd Sell - CGS Wine 89.98 5800 1353 Liquor BS - Inv Wine SOUTHERN GLAZERS WINE & SPIRITS L 2564295 12/11/2024 20241227 483.20 Invoice: 2564295 3.20 58158101 5513 Sthdl Sell - CGS Wine 480.00 5800 1353 Liquor BS - Inv Wine CHECK 502635 TOTAL: 13,098.94 502636 12/27/2024 PRTD 105842 MINER, LTD 5310721321 11/27/2024 20241227 608.00 Invoice: 5310721321 608.00 63063001 6180 PW Fac - Rep&Maint MINER, LTD 5310721324 11/27/2024 20241227 649.00 Invoice: 5310721324 short sales tax City is exempt - see attached ST-3 649.00 63063000 6180 City Hall - Rep&Maint CHECK 502636 TOTAL: 1,257.00 502637 12/27/2024 PRTD 133068 STEEL TOE BREWING LLC 58256 12/11/2024 20241227 282.00 Invoice: 58256 282.00 5800 1354 Liquor BS - Inv Beer CHECK 502637 TOTAL: 282.00 502638 12/27/2024 PRTD 101015 STREICHERS INC I1732116 12/02/2024 20241227 100.99 Invoice: I1732116 3,038 CU IN, Waist Belt, MOLLE, Black - Penman 100.99 13013000 6203 Pol Ad Gen - Uniforms CHECK 502638 TOTAL: 100.99 502639 12/27/2024 PRTD 101017 SUBURBAN CHEVROLET 364480P 11/26/2024 20241227 68.21 Invoice: 364480P 68.21 61061006 6530 Fire Equip - ReprParts Page 172 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 42 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502639 TOTAL: 68.21 502640 12/27/2024 PRTD 105874 SUBURBAN TIRE WHOLESALE INC 10204317 11/27/2024 20241227 545.00 Invoice: 10204317 545.00 61061005 6583 Police Eq - Tire&Tube SUBURBAN TIRE WHOLESALE INC 10204572 11/29/2024 20241227 236.52 Invoice: 10204572 236.52 61061009 6583 Pk Mant Eq - Tire&Tube CHECK 502640 TOTAL: 781.52 502641 12/27/2024 PRTD 122511 SWANK MOTION PICTURES INC RG 3808101 11/26/2024 20241227 255.00 Invoice: RG 3808101 Rental, Friday Night Movie @ EP 255.00 54054000 6103 Admin - Prof Svrs CHECK 502641 TOTAL: 255.00 502642 12/27/2024 PRTD 142316 T-MOBILE USA INC 9587443307 11/27/2024 20241227 50.00 Invoice: 9587443307 50.00 13300000 6160 Investigat - Sftwr&Data CHECK 502642 TOTAL: 50.00 502643 12/27/2024 PRTD 160414 TEGRA GROUP INC 456.924 12/03/2024 20241227 6,337.50 Invoice: 456.924 Braemar Arena Owners Represent 6,337.50 E P&R23207.DESIGN&BID. . 40900000 6710 P&R CP - Cap Other CHECK 502643 TOTAL: 6,337.50 502644 12/27/2024 PRTD 129923 CONTEMPORARY INC V1072867 12/02/2024 20241227 37.42 Invoice: V1072867 Name tags for front desk and Engineering. 24.94 10410400 6406 Comm Gen - SupOther 12.48 15000000 6406 Eng Gen - SupOther CHECK 502644 TOTAL: 37.42 502645 12/27/2024 PRTD 123129 TIMESAVER OFF SITE SECRETARIAL IN M29673 11/29/2024 20241227 1,634.00 Invoice: M29673 364.50 10210200 6103 Cty Ck Gen - Prof Svrs 246.00 16000000 6103 Park Admin - Prof Svrs 246.00 26026000 6136 HRA Admin - PrfSvOther 167.00 10210200 6160 Cty Ck Gen - Sftwr&Data Page 173 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 43 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 206.50 10210200 6160 Cty Ck Gen - Sftwr&Data 404.00 10210200 6160 Cty Ck Gen - Sftwr&Data CHECK 502645 TOTAL: 1,634.00 502646 12/27/2024 PRTD 101038 TOLL COMPANY 0040203662 11/30/2024 20241227 51.00 Invoice: 0040203662 51.00 61061004 6580 PW Equip - SupWelding CHECK 502646 TOTAL: 51.00 502647 12/27/2024 PRTD 104064 TRANS UNION RISK AND ALTERNATIVE 269634-202411-1 12/01/2024 20241227 283.60 Invoice: 269634-202411-1 11/01/2024 - 11/30/2024 283.60 13300000 6105 Investigat - Dues&Sub CHECK 502647 TOTAL: 283.60 502648 12/27/2024 PRTD 101360 TWIN CITY HARDWARE COMPANY INC PSI2304348 12/02/2024 20241227 1,000.00 Invoice: PSI2304348 1,000.00 55055001 6180 Bldg/Grnds - Rep&Maint CHECK 502648 TOTAL: 1,000.00 502649 12/27/2024 PRTD 160648 UNIFIRST CORPORATION 1410105851 12/02/2024 20241227 59.31 Invoice: 1410105851 59.31 63063001 6201 PW Fac - Laundry UNIFIRST CORPORATION 1410105852 12/02/2024 20241227 55.49 Invoice: 1410105852 55.49 14014001 6201 Gen Mntce - Laundry UNIFIRST CORPORATION 1410105853 12/02/2024 20241227 47.97 Invoice: 1410105853 47.97 61061004 6201 PW Equip - Laundry UNIFIRST CORPORATION 1410105850 12/02/2024 20241227 14.47 Invoice: 1410105850 14.47 17017006 6201 Bldg Maint - Laundry UNIFIRST CORPORATION 1410105849 12/02/2024 20241227 44.01 Invoice: 1410105849 44.01 59059001 6201 Wat GB - Laundry CHECK 502649 TOTAL: 221.25 Page 174 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 44 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC 502650 12/27/2024 PRTD 160770 LAURA M BREDEMUS 79196 10/28/2024 20241227 41.98 Invoice: 79196 28.00 52005200 1356 Course BS - Inventory 13.98 52052006 5510 Ret Sales - CGS CHECK 502650 TOTAL: 41.98 502651 12/27/2024 PRTD 140954 URBAN GROWLER BREWING COMPANY E-38392 12/11/2024 20241227 101.00 Invoice: E-38392 101.00 5800 1354 Liquor BS - Inv Beer CHECK 502651 TOTAL: 101.00 502652 12/27/2024 PRTD 144209 VENN BREWING COMPANY LLC 7735 12/11/2024 20241227 279.00 Invoice: 7735 279.00 5800 1354 Liquor BS - Inv Beer CHECK 502652 TOTAL: 279.00 502653 12/27/2024 PRTD 119454 VINOCOPIA INC 0364448-IN 12/12/2024 20241227 1,586.75 Invoice: 0364448-IN 13.75 58258201 5512 Grnd Sell - CGS Liq 1,573.00 5800 1352 Liquor BS - Inv Liq VINOCOPIA INC 0364449-IN 12/12/2024 20241227 808.75 Invoice: 0364449-IN 8.75 58258201 5513 Grnd Sell - CGS Wine 800.00 5800 1353 Liquor BS - Inv Wine VINOCOPIA INC 0364473-IN 12/12/2024 20241227 467.50 Invoice: 0364473-IN 7.50 58158101 5512 Sthdl Sell - CGS Liq 460.00 5800 1352 Liquor BS - Inv Liq VINOCOPIA INC 0364472-IN 12/12/2024 20241227 317.00 Invoice: 0364472-IN 5.00 58158101 5513 Sthdl Sell - CGS Wine 312.00 5800 1353 Liquor BS - Inv Wine VINOCOPIA INC 0364474-IN 12/12/2024 20241227 50.50 Invoice: 0364474-IN 2.50 58158101 5515 Sthdl Sell - CGS Other 48.00 5800 1355 Liquor BS - Inv Misc VINOCOPIA INC 0364470-IN 12/12/2024 20241227 239.50 Invoice: 0364470-IN 7.50 58058001 5515 50th Sell - CGS Other 232.00 5800 1355 Liquor BS - Inv Misc Page 175 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 45 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC VINOCOPIA INC 0364469-IN 12/12/2024 20241227 250.50 Invoice: 0364469-IN 2.50 58058001 5513 50th Sell - CGS Wine 248.00 5800 1353 Liquor BS - Inv Wine VINOCOPIA INC 0364468-IN 12/12/2024 20241227 725.25 Invoice: 0364468-IN 8.75 58058001 5512 50th Sell - CGS Liq 716.50 5800 1352 Liquor BS - Inv Liq VINOCOPIA INC 0364450-IN 12/12/2024 20241227 79.50 Invoice: 0364450-IN 7.50 58258201 5515 Grnd Sell - CGS Other 72.00 5800 1355 Liquor BS - Inv Misc CHECK 502653 TOTAL: 4,525.25 502654 12/27/2024 PRTD 120627 VISTAR 74447083 11/29/2024 20241227 1,707.69 Invoice: 74447083 1,707.69 55055002 5510 Concession - CGS CHECK 502654 TOTAL: 1,707.69 502655 12/27/2024 PRTD 130574 WATSON COMPANY 146333 11/27/2024 20241227 560.89 Invoice: 146333 560.89 55055002 5510 Concession - CGS CHECK 502655 TOTAL: 560.89 502656 12/27/2024 PRTD 101033 WINE COMPANY 286677 12/06/2024 20241227 154.00 Invoice: 286677 2.00 58158101 5513 Sthdl Sell - CGS Wine 152.00 5800 1353 Liquor BS - Inv Wine WINE COMPANY 286676 12/06/2024 20241227 90.00 Invoice: 286676 2.00 58058001 5513 50th Sell - CGS Wine 88.00 5800 1353 Liquor BS - Inv Wine WINE COMPANY 286915 12/11/2024 20241227 1,133.23 Invoice: 286915 22.90 58158101 5513 Sthdl Sell - CGS Wine 1,110.33 5800 1353 Liquor BS - Inv Wine WINE COMPANY 286916 12/11/2024 20241227 416.00 Invoice: 286916 4.00 58058001 5512 50th Sell - CGS Liq 412.00 5800 1352 Liquor BS - Inv Liq Page 176 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 46 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC WINE COMPANY 286917 12/11/2024 20241227 212.00 Invoice: 286917 2.00 58258201 5512 Grnd Sell - CGS Liq 210.00 5800 1352 Liquor BS - Inv Liq WINE COMPANY 286914 12/11/2024 20241227 1,359.00 Invoice: 286914 22.00 58258201 5513 Grnd Sell - CGS Wine 1,337.00 5800 1353 Liquor BS - Inv Wine WINE COMPANY 287220 12/12/2024 20241227 -46.67 Invoice: 287220 -46.67 5800 1353 Liquor BS - Inv Wine CHECK 502656 TOTAL: 3,317.56 502657 12/27/2024 PRTD 144412 WINEBOW MN00158793 12/12/2024 20241227 552.00 Invoice: MN00158793 552.00 5800 1352 Liquor BS - Inv Liq WINEBOW MN00158790 12/12/2024 20241227 552.00 Invoice: MN00158790 552.00 5800 1352 Liquor BS - Inv Liq WINEBOW MN00158789 12/12/2024 20241227 936.00 Invoice: MN00158789 936.00 5800 1353 Liquor BS - Inv Wine WINEBOW MN00158791 12/12/2024 20241227 360.00 Invoice: MN00158791 360.00 5800 1353 Liquor BS - Inv Wine CHECK 502657 TOTAL: 2,400.00 502658 12/27/2024 PRTD 142162 WOODEN HILL BREWING COMPANY LLC E-1098 12/09/2024 20241227 203.10 Invoice: E-1098 203.10 5800 1354 Liquor BS - Inv Beer WOODEN HILL BREWING COMPANY LLC E-1099 12/09/2024 20241227 161.70 Invoice: E-1099 161.70 5800 1354 Liquor BS - Inv Beer CHECK 502658 TOTAL: 364.80 502659 12/27/2024 PRTD 160299 WOODEN SHIP BREWING COMPANY 000884 12/12/2024 20241227 104.00 Invoice: 000884 104.00 5800 1355 Liquor BS - Inv Misc Page 177 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 47 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET INVOICE DTL DESC CHECK 502659 TOTAL: 104.00 502660 12/27/2024 PRTD 127774 WORLDWIDE CELLARS INC INV-007803 12/10/2024 20241227 397.54 Invoice: INV-007803 5.50 58158101 5513 Sthdl Sell - CGS Wine 392.04 5800 1353 Liquor BS - Inv Wine WORLDWIDE CELLARS INC INV-007802 12/10/2024 20241227 108.04 Invoice: INV-007802 4.00 58258201 5513 Grnd Sell - CGS Wine 104.04 5800 1353 Liquor BS - Inv Wine CHECK 502660 TOTAL: 505.58 502661 12/27/2024 PRTD 101091 ZIEGLER INC IN001724458 11/28/2024 20241227 2,770.54 Invoice: IN001724458 2,770.54 61061004 6530 PW Equip - ReprParts ZIEGLER INC IN001724101 11/28/2024 20241227 22.02 Invoice: IN001724101 22.02 61061004 6530 PW Equip - ReprParts CHECK 502661 TOTAL: 2,792.56 NUMBER OF CHECKS 164 *** CASH ACCOUNT TOTAL *** 414,202.55 COUNT AMOUNT TOTAL PRINTED CHECKS 164 414,202.55 *** GRAND TOTAL *** 414,202.55 Page 178 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 48 JOURNAL ENTRIES TO BE CREATED CLERK: PBehr YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC 2024 12 1653APP 5800-2010 Liquor BS - Accts Pay 138,254.21 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 9999-1012 Control BS - CashAP 414,202.55 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 52005200-2010 Course BS - Accts Pay 14,791.30 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 1000-2010 GF Bal Sh - Accts Pay 76,652.51 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 6300-2010 FacMgmt BS - Accts Pay 12,397.24 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 5100-2010 Art BalSh - Accts Pay 1,187.43 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 5700-2010 Cent Lk BS - Accts Pay 1,490.96 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 5500-2010 Arena BS - Accts Pay 14,110.20 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 5600-2010 Field BS - Accts Pay 930.72 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 5400-2010 EdinPrk BS - Accts Pay 5,122.53 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 6200-2010 I.T. BalSh - Accts Pay 5,271.74 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 6100-2010 Equ Op BS - Accts Pay 22,251.45 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 52005210-2010 Dome BS - Accts Pay 504.87 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 4000-2010 Cap Prj BS - Accts Pay 22,253.00 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 7200-2010 MNTF1 BS - Accts Pay 7,430.80 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 59005920-2010 Stm BS - Accts Pay 29,660.29 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 7100-2010 PSTF BS - Accts Pay 3,692.30 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 2300-2010 PACS BalSh - Accts Pay 14,378.50 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 59005900-2010 Wat BS - Accts Pay 33,989.65 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 59005910-2010 Sew BS - Accts Pay 850.21 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 6000-2010 Rsk Mg BS - Accts Pay 8,736.64 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL APP 26026000-2010 HRA Admin - Accts Pay 246.00 12/27/2024 20241227 pjb AP CASH DISBURSEMENTS JOURNAL GENERAL LEDGER TOTAL 414,202.55 414,202.55 Page 179 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 49 JOURNAL ENTRIES TO BE CREATED YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC APP 9999-2099 Control BS - PoolCashL 414,202.55 12/27/2024 20241227 pjb APP 5800-1010 Liquor BS - Cash 138,254.21 12/27/2024 20241227 pjb APP 52005200-1010 Course BS - Cash 14,791.30 12/27/2024 20241227 pjb APP 1000-1010 GF Bal Sh - Cash 76,652.51 12/27/2024 20241227 pjb APP 6300-1010 FacMgmt BS - Cash 12,397.24 12/27/2024 20241227 pjb APP 5100-1010 Art BalSh - Cash 1,187.43 12/27/2024 20241227 pjb APP 5700-1010 Cent Lk BS - Cash 1,490.96 12/27/2024 20241227 pjb APP 5500-1010 Arena BS - Cash 14,110.20 12/27/2024 20241227 pjb APP 5600-1010 Field BS - Cash 930.72 12/27/2024 20241227 pjb APP 5400-1010 EdinPrk BS - Cash 5,122.53 12/27/2024 20241227 pjb APP 6200-1010 I.T. BalSh - Cash 5,271.74 12/27/2024 20241227 pjb APP 6100-1010 Equ Op BS - Cash 22,251.45 12/27/2024 20241227 pjb APP 52005210-1010 Dome BS - Cash 504.87 12/27/2024 20241227 pjb APP 4000-1010 Cap Prj BS - Cash 22,253.00 12/27/2024 20241227 pjb APP 7200-1010 MNTF1 BS - Cash 7,430.80 12/27/2024 20241227 pjb APP 59005920-1010 Stm BS - Cash 29,660.29 12/27/2024 20241227 pjb APP 7100-1010 PSTF BS - Cash 3,692.30 12/27/2024 20241227 pjb APP 2300-1010 PACS BalSh - Cash 14,378.50 12/27/2024 20241227 pjb APP 59005900-1010 Wat BS - Cash 33,989.65 12/27/2024 20241227 pjb APP 59005910-1010 Sew BS - Cash 850.21 12/27/2024 20241227 pjb APP 6000-1010 Rsk Mg BS - Cash 8,736.64 12/27/2024 20241227 pjb APP 26026000-1010 HRA Admin - Cash 246.00 12/27/2024 20241227 pjb SYSTEM GENERATED ENTRIES TOTAL 414,202.55 414,202.55 Page 180 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 50 JOURNAL ENTRIES TO BE CREATED YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC JOURNAL 2024/12/1653 TOTAL 828,405.10 828,405.10 Page 181 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 51 JOURNAL ENTRIES TO BE CREATED FUND BALANCE SEG YEAR PER JNL EFF DATE DEBIT CREDIT ACCOUNT ACCOUNT DESCRIPTION 1000 General 2024 12 1653 12/27/2024 1000-1010 GF Bal Sh - Cash 76,652.51 1000-2010 GF Bal Sh - Accts Pay 76,652.51 FUND TOTAL 76,652.51 76,652.51 2300 Pedestrian and Cyclist Safety 2024 12 1653 12/27/2024 2300-1010 PACS BalSh - Cash 14,378.50 2300-2010 PACS BalSh - Accts Pay 14,378.50 TOTAL 14,378.50 14,378.50 FUND TOTAL 14,378.50 14,378.50 2600 26000 HRA /HRA Admini 2024 12 1653 12/27/2024 26026000-1010 HRA Admin - Cash 246.00 26026000-2010 HRA Admin - Accts Pay 246.00 FUND TOTAL 246.00 246.00 4000 Capital Projects 2024 12 1653 12/27/2024 4000-1010 Cap Prj BS - Cash 22,253.00 4000-2010 Cap Prj BS - Accts Pay 22,253.00 FUND TOTAL 22,253.00 22,253.00 5100 Art Center 2024 12 1653 12/27/2024 5100-1010 Art BalSh - Cash 1,187.43 5100-2010 Art BalSh - Accts Pay 1,187.43 TOTAL 1,187.43 1,187.43 FUND TOTAL 1,187.43 1,187.43 5200 5200 Golf /Braemar Go 2024 12 1653 12/27/2024 52005200-1010 Course BS - Cash 14,791.30 52005200-2010 Course BS - Accts Pay 14,791.30 5200 TOTAL 14,791.30 14,791.30 5200 5210 Golf /Braemar Go 2024 12 1653 12/27/2024 52005210-1010 Dome BS - Cash 504.87 52005210-2010 Dome BS - Accts Pay 504.87 FUND TOTAL 15,296.17 15,296.17 Page 182 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 52 JOURNAL ENTRIES TO BE CREATED FUND BALANCE SEG YEAR PER JNL EFF DATE DEBIT CREDIT ACCOUNT ACCOUNT DESCRIPTION 5400 Edinborough Park 2024 12 1653 12/27/2024 5400-1010 EdinPrk BS - Cash 5,122.53 5400-2010 EdinPrk BS - Accts Pay 5,122.53 FUND TOTAL 5,122.53 5,122.53 5500 Braemar Arena 2024 12 1653 12/27/2024 5500-1010 Arena BS - Cash 14,110.20 5500-2010 Arena BS - Accts Pay 14,110.20 FUND TOTAL 14,110.20 14,110.20 5600 Braemar Field 2024 12 1653 12/27/2024 5600-1010 Field BS - Cash 930.72 5600-2010 Field BS - Accts Pay 930.72 FUND TOTAL 930.72 930.72 5700 Centennial Lakes 2024 12 1653 12/27/2024 5700-1010 Cent Lk BS - Cash 1,490.96 5700-2010 Cent Lk BS - Accts Pay 1,490.96 FUND TOTAL 1,490.96 1,490.96 5800 Liquor 2024 12 1653 12/27/2024 5800-1010 Liquor BS - Cash 138,254.21 5800-2010 Liquor BS - Accts Pay 138,254.21 TOTAL 138,254.21 138,254.21 FUND TOTAL 138,254.21 138,254.21 5900 5900 Utl Fund /Water 2024 12 1653 12/27/2024 59005900-1010 Wat BS - Cash 33,989.65 59005900-2010 Wat BS - Accts Pay 33,989.65 5900 TOTAL 33,989.65 33,989.65 5900 5910 Utl Fund /Sanitary S 2024 12 1653 12/27/2024 59005910-1010 Sew BS - Cash 850.21 59005910-2010 Sew BS - Accts Pay 850.21 5910 TOTAL 850.21 850.21 5900 5920 Utl Fund /Storm Sewe 2024 12 1653 12/27/2024 59005920-1010 Stm BS - Cash 29,660.29 Page 183 of 545 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/26/2024 14:36User: PBehrProgram ID: apcshdsb Page 53 JOURNAL ENTRIES TO BE CREATED FUND BALANCE SEG YEAR PER JNL EFF DATE DEBIT CREDIT ACCOUNT ACCOUNT DESCRIPTION 59005920-2010 Stm BS - Accts Pay 29,660.29 FUND TOTAL 64,500.15 64,500.15 6000 Risk Management 2024 12 1653 12/27/2024 6000-1010 Rsk Mg BS - Cash 8,736.64 6000-2010 Rsk Mg BS - Accts Pay 8,736.64 FUND TOTAL 8,736.64 8,736.64 6100 Equipment Operations 2024 12 1653 12/27/2024 6100-1010 Equ Op BS - Cash 22,251.45 6100-2010 Equ Op BS - Accts Pay 22,251.45 FUND TOTAL 22,251.45 22,251.45 6200 Information Technology 2024 12 1653 12/27/2024 6200-1010 I.T. BalSh - Cash 5,271.74 6200-2010 I.T. BalSh - Accts Pay 5,271.74 FUND TOTAL 5,271.74 5,271.74 6300 Facilities Management 2024 12 1653 12/27/2024 6300-1010 FacMgmt BS - Cash 12,397.24 6300-2010 FacMgmt BS - Accts Pay 12,397.24 FUND TOTAL 12,397.24 12,397.24 7100 PS Training Facility 2024 12 1653 12/27/2024 7100-1010 PSTF BS - Cash 3,692.30 7100-2010 PSTF BS - Accts Pay 3,692.30 FUND TOTAL 3,692.30 3,692.30 7200 MN Task Force 1 2024 12 1653 12/27/2024 7200-1010 MNTF1 BS - Cash 7,430.80 7200-2010 MNTF1 BS - Accts Pay 7,430.80 FUND TOTAL 7,430.80 7,430.80 9999 Pooled Cash Fund 2024 12 1653 12/27/2024 9999-1012 Control BS - CashAP 414,202.55 9999-2099 Control BS - PoolCashL 414,202.55 FUND TOTAL 414,202.55 414,202.55 Page 184 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.3 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-01: Designating Official Newspaper for 2025 Action Requested: Approve Resolution No. 2025-01 designating the Edina Sun-Current as the official newspaper. Information/Background: Staff recommends Council designate the Edina Sun-Current as the official newspaper of the City of Edina for 2025. All published public notices are also posted on the Sun-Current's website at https://www.hometownsource.com/sun_current/ at no additional charge. Supporting Documentation: 1. Resolution No. 2025-01: Designating Official Newspaper Page 185 of 545 RESOLUTION NO. 2025-01 DESIGNATING OFFICIAL NEWSPAPER BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Edina Sun-Current is hereby designated as the Official Newspaper for the City of Edina for the year 2025. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _________ day of ___________________, 2025. Sharon Allison, City Clerk Page 186 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.4 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-02: Signatory Resolution Action Requested: Approve Signatory Resolution No. 2025-02 authorizing Mayor, City Manager, Assistant City Manager, Treasurer and Deputy Treasurer of the City of Edina to act for the City in transacting banking business. Information/Background: At the first Council meeting of the year, the Council must adopt a Signatory Resolution authorizing the persons holding office as Mayor, City Manager, Assistant City Manager, Treasurer and Deputy Treasurer of the City to act for the City in transacting banking business with the City’s named banks. Supporting Documentation: 1. Resolution No. 2025-02: Signatory Page 187 of 545 RESOLUTION NO. 2025-02 SIGNATORY RESOLUTION BE IT RESOLVED that persons holding office as Mayor, City Manager, Assistant City Manager, Treasurer and Deputy Treasurer of the City of Edina, be, and they hereby are authorized to act for this municipality in the transaction of any banking business with U.S. Bank, Crown Bank and Tradition Capital Bank, (hereinafter referred to as the "Bank") from time to time and until written notice to any Bank to the contrary, to sign checks against said accounts, which checks will be signed by the Mayor, City Manager, Assistant City Manager, Treasurer and Deputy Treasurer. Each Bank is hereby authorized and directed to honor and pay any checks against such account if signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City, including the signers of the check. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of __________________, 2025. Sharon Allison, City Clerk Page 188 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.5 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-03: Designating Official Depositories Action Requested: Approve Resolution No. 2025-03 designating depositories for the public funds of the City of Edina. Information/Background: At its first regular Council meeting of the year, a resolution designating official depositories for public funds of the City of Edina must be approved. Supporting Documentation: 1. Resolution No. 2025-03: Designating Official Depositories Page 189 of 545 RESOLUTION NO. 2025-03 DESIGNATING DEPOSITORIES BE IT RESOLVED, that U.S. Bank, Crown Bank and Tradition Capital Bank, are hereby authorized to do banking business in Minnesota, be and are hereby designated as Official Depositories for the Public Funds of the City of Edina, County of Hennepin, Minnesota until January 1, 2026. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _________ day of ___________________, 2025. Sharon Allison, City Clerk Page 190 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.6 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-04: Designation of Director and Alternate Director of LOGIS Action Requested: Approve Resolution No. 2025-04 designating director and alternate director of LOGIS. Information/Background: The Council must designate a Director and Alternate Director of LOGIS each year. Staff recommends I.T. Director Ryan Browning and Finance Director Pa Thao to act in this capacity. Supporting Documentation: 1. Resolution No. 2025-04: Designating LOGIS Director Page 191 of 545 RESOLUTION NO. 2025-04 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO LOGIS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Ryan Browning is hereby designated to serve as a Director of LOGIS, and Pa Thao is hereby designated to serve as Alternate Director of LOGIS for the year 2025 and until their successors are appointed. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of ___________________, 2025. Sharon Allison, City Clerk Page 192 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.7 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-05: Designating Director and Alternate Director of Suburban Rate Authority Action Requested: Approve Resolution No. 2025-05 designating Director and Alternate Director of the Suburban Rate Authority. Information/Background: The Council must designate a Director and Alternate Director to the Suburban Rate Authority each year. Staff recommends Public Works Director Brian Olson, and Finance Director Pa Thao act in this capacity. Supporting Documentation: 1. Resolution No. 2025-05: Designating Suburban Rate Authority Director Page 193 of 545 RESOLUTION NO. 2025-05 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Brian Olson is hereby designated to serve as a Director of the Suburban Rate Authority and Pa Thao is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 2025 and until their successors are appointed. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2025. Sharon Allison, City Clerk Page 194 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.8 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-06: Authorizing Facsimile Signatures by Public Officials Action Requested: Approve Resolution No. 2025-06 authorizing the use of facsimile signatures by public officials. Information/Background: The Council must adopt a resolution authorizing the use of facsimile signatures by the Mayor, Treasurer, Deputy Treasurer, City Manager and Assistant City Manager on checks, drafts, warrants, vouchers, etc., or other orders by public funds deposited with the City's banks. Supporting Documentation: 1. Resolution No. 2025-06: Authorizing Facsimile Signatures Page 195 of 545 RESOLUTION NO. 2025-06 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED that the use of facsimile signatures by the following named persons: JAMES B. HOVLAND - Mayor PA THAO - Treasurer NELLY CHICK-BREWER - Deputy Treasurer SCOTT H. NEAL - City Manager ARI LENZ - Assistant City Manager on checks, drafts, warrants, warrant-checks, vouchers or other orders of public funds deposited in U.S. Bank, Crown Bank and Tradition Capital Bank be and hereby are approved, and that each of said persons may authorize said depository banks to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn as fully as though it bore his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall have been affixed without his authority. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ________ day of ___________________, 2025. Sharon Allison, City Clerk Page 196 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.9 Prepared By: Scott Neal, City Manager Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-08: Approving Mayor's Appointment of the Commissioners of the Housing and Redevelopment Authority for the City of Edina Action Requested: Approve Resolution No. 2025-08 approving Mayor's appointment of the Commissioners of the Housing and Redevelopment Authority for the City of Edina. Information/Background: Minnesota Statute 469 describes the appointment procedures for municipal Housing & Redevelopment Authorities (HRA). HRA commissioners are appointed by the Mayor and confirmed by the City Council to serve up to five-year, staggered terms. An HRA may consist of up to seven members who are residents of the city. It is not uncommon for a City Council to serve as the HRA, and that has been Edina's past practice. This practice is called out in the By-Laws of the Edina HRA. The attached Resolution appoints the two officials to the HRA for terms that are coterminous with each Council Member's term on the City Council. Staff recommends that Council reaffirm the practice of appointing the Council to serve as HRA by formally approving the Mayor's appointment. In addition, staff also recommends that the Council affirm the practice of making the terms of the HRA Members coterminous with their terms on the City Council. Supporting Documentation: 1. Resolution No. 2025-08: Appointing Commissioners to HRA Page 197 of 545 RESOLUTION NO. 2025-08 APPROVING MAYOR’S APPOINTMENT OF THE COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDINA, MINNESOTA BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the “City”), as follows: 1. Pursuant to Minnesota Statutes, Section 469.003, Subdivision 5 and 6, the Mayor has submitted for the City Council’s consideration the appointment of the following members to the Authority: Carolyn Jackson and James Pierce. 2. In accordance with Minnesota Statutes, Section 469.003, Subdivision 6, the City Council hereby approves the appointment of two Commissioners of the Authority for terms of such office which coincide with their terms of office as members of the City Council, respectively. 3. In accordance with Minnesota Statutes, Section 469.003, Subdivision 7, the City Clerk (a) shall file the originals of such certificates of appointment in the office of the City Manager and (b) shall file in the office of the Commissioner of the Minnesota Department of Employment and Economic Development a certified copy of this Resolution and a certified copy of the above-mentioned certificates of appointment. Adopted by the Edina City Council this 7th day of January, 2025. 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 2025. __________________________ Sharon Allison, City Clerk Page 198 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.10 Prepared By: Sharon Allison, City Clerk Item Type: Other Department: Administration Item Title: Annual Appointment of Assistant Weed Inspector Action Requested: Appoint Tom Swenson, Assistant Director of Parks and Natural Resources, as Assistant Weed Inspector for calendar year 2025. Information/Background: The Assistant Weed Inspector enforces the City of Edina's City Code Chapter 30, Maintenance of Vegetation. Primarily, the Assistant Weed Inspector identifies and eradicates noxious weeds as defined by the State Commission of Agriculture and mandated by Minnesota Statues and identify and cut turf grasses and weeds that exceed 10 inches in height. Supporting Documentation: None Page 199 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.11 Prepared By: Todd Milburn, Police Chief Item Type: Report & Recommendation Department: Police Item Title: Resolution No. 2025-07: Accepting Minnesota Chiefs of Police Foundation Grant Action Requested: Approve Resolution No. 2025-07 accepting Minnesota Chiefs of Police Foundation Grant for Circle of Discipline program. Information/Background: The Minnesota Chiefs of Police Foundation has awarded a grant of $2,500 to the Edina Police Department for the Circle of Discipline. Circle of Discipline, a program for middle school and high school aged students, is designed to help individuals become physically healthy while achieving a sense of mental, spiritual, and social well-being while learning discipline through boxing. The program allows students to learn skills to help them navigate conflict while turning challenges into strengths. Resources/Financial Impacts: None. Relationship to City Policies: None. Supporting Documentation: 1. Resolution No. 2025-07: Accepting MN Chiefs of Police Foundation Grant 2. MN Chiefs of Police Foundation Grant Page 200 of 545 RESOLUTION NO. 2025-07 ACCEPTING MINNESOTA CHIEFS OF POLICE FOUNDATION GRANT WHEREAS the Circle of Discipline is a program for middle school and high school aged students. The program is designed to help individuals become physically healthy while achieving a sense of mental, spiritual, and social well-being while learning discipline through boxing. The program allows students to learn skills to help them navigate conflict while turning challenges into strengths; and WHEREAS the Minnesota Chiefs of Police Foundation has offered a grant to provide $2,500; and WHEREAS the grant will be used for program and transportation costs; NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Edina accepts the Minnesota Chiefs of Police Foundation’s grant for the Circle of Discipline program. Adopted this 7th day of January 2025. Sharon Allison, City Clerk 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ________________, 2025. Page 201 of 545 Page 202 of 545 Page 203 of 545 Page 204 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.12 Prepared By: Stephanie Hawkinson, Affordable Housing Development Manager Item Type: Report & Recommendation Department: Community Development Item Title: Approve Redevelopment Agreement for 7200 France Ave Apartments and First Amendment to the 7200-7250 Redevelopment Agreement Action Requested: Approve Redevelopment Agreement for 7200 France that Includes 15-units of Affordable Housing in Perpetuity and First Amendment to Redevelopment Agreement for 7200-7250 France. Information/Background: On December 19, 2024 the HRA approved the Redevelopment Agreement for 7200 France Avenue and the First Amendment to the Redevelopment Agreement for 7200-7250 France. The City Council also needs to approve these documents. A full presentation was given at the December 19 HRA meeting. Resources/Financial Impacts: A forgivable SPARC loan will be used to provide gap financing for the development of an 150-unit apartment. The loan will be forgiven once certain conditions are achieved. This funding source will expire at the end of 2025. Relationship to City Policies: The development of 7200 France Avenue South into 150 apartment units, including 15 affordable housing units, complies with the Comprehensive Plan. Budget Pillar: Better Together Livable City Values Impact: Equity 7200 France Avenue will contain either 15 units of affordable housing with rents affordable to households with incomes at or below 50% of the Area Median Income. This provides options for households with a range of incomes to live in Edina. Engagement The Comprehensive Plan, which calls for additional housing units including affordable units was completed through a extended public engagement process. The call for additional affordable housing is also reflected in the City's Community Surveys. The site is adjacent to Page 205 of 545 transit so it can help meet the Climate Action Plan goals, which were also established through an extensive community engagement process. Finally, this specific site was approved after multiple public meetings and opportunities for public engagement Health 7200 France is located within walking distance to groceries, health services, entertainment, and employment centers. The affordable units will remain as such in perpetuity, alleviating some elements of housing stress. Stewardship The SPARC program was authorized by the State Legislature to support development in Edina. The funds must be expended by the end of 2025, at which time whatever remains will be returned to the County to be redistributed to all the taxing authorities. If SPARC funds are allocated to this development, Edina benefits from 100% of the proceeds used rather than the roughly 30% that would be redistributed. These funds would support multiple households over the future years to benefit from affordable housing. Supporting Documentation: 1. Staff Report 2. Redevelopment and SPARC Agreement 3. First Amendment to Redevelopment Agreement (7250-7200 France) 4. Presentation Page 206 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Information / Background On November 14, 2024 the HRA authorize staff to work with City advisors in drafting a loan agreement and associated documents for 7200 France using SPARC funds, including a deviation of the affordable housing policy in exchange for permanent affordability. The HRA also authorized staff to prepare a First Amendment to the 7200-7250 Redevelopment Agreement reducing the percentage of increment pledged. Previously, public financial support was not anticipated for 7200 France when the Redevelopment Agreement was approved and the 72nd & France #2 TIF District was established on April 18, 2023. At that time, 7250 France Group, LLC ("Developer 1") committed to delivering all of the necessitated site work and public realm improvements for both the 7200 and 7250 parcels, anticipating the 7200 parcel would later be developed as a hotel that would contribute to, but would not require any, tax increment financing. Upon satisfaction of the agreement, 7250 France would receive 90% of tax increment collected from both the 7200 and 7250 parcels to reimburse up to $7,550,000 of qualified redevelopment costs spent on the project. Since April 2023, Developer 1 has concluded that a hotel is not financially feasible and subsequently entered into a partnership with Afton Park Development, forming France Property Partners, LLC (“Developer 2”) to construct a 150-unit apartment building at 7200 France that fits within the prescribed PUD zoning. Preliminary site plan approval for 7200 France Avenue was granted November 6, 2024. First Reading of PUD, Preliminary Site Plan Approval, and the Affordable Housing Policy The New Multifamily Affordable Housing Policy (“Policy”) states that a residential development seeking a zoning amendment and/or City financing shall provide a minimum of either 10% of units at 50% Area Median Income (“AMI”) rent levels, or 20% of units at 60% AMI rent levels. The Policy allows some flexibility for certain developments by offering the option for developers to make a payment in lieu of providing the affordable housing. The Policy also allows for the Housing and Redevelopment Authority and City Council to approve exemptions from the Policy “based on alternative public purpose.” One Date:January 7, 2025 To:Mayor and City Council From:Stephanie Hawkinson, Affordable Housing Development Manager Subject:Approve Redevelopment Agreement for 7200 France Ave Apartments and First Amendment to the 7200-7250 Redevelopment Agreement Staff Recommendation: Approve Redevelopment Agreement for 7200 France Avenue Apartments reflecting the terms and conditions of 15-units (10%) affordable for perpetuity and First Amendment to the 7200-7250 Redevelopment Agreement. Page 207 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 public purpose under consideration is to reduce the percentage of affordable units required to create permanent affordability. Compliance with the Policy is cited in both of Ordinance No. 2024-05 (“Ordinance”) to amend the PUD-16, Planned Unit Development-16 Zoning district and Resolution No. 2024-50 (“Resolution”) approving the preliminary site plan for 7200 France Avenue. Prior to undergoing the process to achieve an approved site plan, it is challenging for developers to prepare a finite construction proforma. Construction numbers can vary depending on required articulation or building set back, additional amenities requested by Council, exterior materials used, and timing, among other factors. Developer 2 applied for financial support contingent upon preliminary site plan approval, and determined there was a sizable gap between what it costs to develop the 150-unit apartment and the financing that could be secured through bank debt and investor equity. Developer 2’s request to reduce the percentage of affordable units was based, in part, on the project budget and negotiating a solution to address an HRA goal of achieving permanent affordability. One way to reduce the gap, yet still provide a public purpose, was to reduce the number of affordable units in exchange for making them permanently affordable. This exchange seemed to align with the Policy’s flexibility to allow the HRA and Council to approve deviations from the Policy based on providing an alternative public purpose by increasing the affordability term and reducing public dollars needed to make the proposed development financially viable. Yet, a deviation from Policy may require amendments to the Ordinance and Resolution. The Ordinance States: “For any housing development, affordable housing units must be included in the project per the City’s affordable housing policy at the time of final approval.” Similarly, the Resolution states: “The Phase 2 project must provide the required affordable housing units within the building to be compliant with the City’s affordable housing policy.“ The Ordinance still requires a second reading prior to final adoption, and the site plan still requires final approval. Staff have been advised by the City Attorney that to proceed with a deviation to the Policy, whether a reduction or addition to the Policy’s prescribed terms, the proposed development would need to re-start the public approval process, including reopening the Public Hearings. Due to the timing constraints in spending down the SPARC funds, going through the site plan approval process again is not feasible. Development Proforma – Two Scenarios In preparation for this meeting, staff and Developer 2 explored two scenarios for proceeding with 7200 France Apartments: •Scenario 1: 12 affordable units (8%) in perpetuity •Scenario 2: 15 affordable units (10%) in perpetuity Page 208 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The number and type of affordable units, in addition to the affordability duration, have a direct impact on underwriting the project’s financing. An affordable unit decreases the potential Net Operating Income available to support mortgage payments and provide investor returns. Limiting income thereby restricts loan sizing and the equity investment necessary to pay for the project. Similarly, lengthening the term of affordability from 30 years to perpetuity creates downward pressure on the value of the development and negatively impacts equity investment. Staff engaged advisors from Ehlers to evaluate the development proforma to determine cost reasonableness and confirm the development financing gap for each option. Ehlers scrutinized the financial pro forma and determined that the financial gap is approximately $3.77 MM for 12 affordable units and $4.86 MM for 15 units affordable in perpetuity. Although a “But For” test is not statutorily required for SPARC funds, the analysis concluded that the proposed development would not be expected move forward solely through private investment. Uses Acquisition $ 5,000,000 9.0% Construction $ 41,675,000 75.3% Municipal/City Fees $ 1,297,499 2.3% Financing and Closing Costs $ 2,349,906 4.2% Soft Costs (architecture, legal, etc) $ 5,014,703 9.1% TOTAL USES $ 55,337,108 Sources Scenario 1 Scenario 2 Bank Loan $ 35,969,120 65.0% $35,969,120 65.0% Investor Cash $ 13,800,167 24.9% $12,706,355 23.0% SPARC Loan $ 3,768,646 6.8% $ 4,862,458 8.8% Construction Fee Equity $ 735,000 1.3% $ 735,000 1.3% Development Fee Equity $ 1,064,175 1.9% $ 1,064,175 1.9% TOTAL SOURCES $ 55,337,108 $ 55,337,108 Cost per unit $ 368,914 The reasons for the financing gap are based on multiple factors: 1. Cost of investor equity is higher than in past years. Investors may invest anywhere globally. To attract private equity to Edina, developments must meet market demand. Without public support the Return on Cost is 5.8%, which is below market. 2. Interest rates remain higher than previous years and are still volatile. 3. 7200’s proforma includes the cost associated with structured parking and constructing 65 additional parking stalls for 7250 that are otherwise provided as a surface lot. 4. Inclusion of affordable housing units. 5. Compliance with Sustainable Building policy. 6. Upgraded exterior design elements. Page 209 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Although affordable units are not the sole contributor to the financing gap, the SPARC Loan amount for Scenario 1 per affordable unit is $314,054 and for Scenario 3 the amount per affordable unit is $324,164. The increase in gap per unit reflects the three additional units being larger (more bedrooms) to align with the Policy’s requirement that the affordable unit mix be approximately proportional to the unit mix as a whole. First Amendment to 7200-7250 Redevelopment Agreement Without HRA assistance for the 7200 France development, that parcel is expected to remain a parking pad for 7250 until a future viable development replaces it. The replacement development’s increment would be pledged to support the city’s existing 7250 TIF Note obligations, potentially payable over the full 26 year term of the 72nd and France 2 TIF District. Currently, 7200 France’s assessed valuation is $5MM which results in $145,329 in property taxes received in 2024. The anticipated assessed value of the apartments post construction is $53.3 MM, which results in an estimated annual tax contribution of $769,678 (5.4X increase). The new local tax capacity will be captured in the TIF District. This will create additional increment, 90% of which is pledged to support the 7250 TIF Notes. The additional increment is well above the amount contemplated for the original agreement and would now be expected to retire the $7,550,000 TIF Note amounts within 14 years. Anticipating that the proposed 7200 residential use will further necessitate a public infrastructure solution to France Avenue, staff recommends as a condition precedent to the 7200 SPARC assistance that 7250 amend its agreement to reduce the TIF commitment from 90% to 80%. The reduction would still be sufficient to support repayment of the TIF Notes within 16.5 years, yet also result in the corresponding increment becoming available to the city as pooling to fund future public infrastructure that supports redevelopment or affordable housing elsewhere in the city. Ehlers estimates 20% of the increment to result in $2.3 million in potential funding capacity available over that term. SPARC Financing In 2021, the State Legislature, via Minn. Stat 469.176, Subd. 4n, authorized municipalities a temporary exemption to use unobligated, but otherwise restricted, tax increment to encourage and incentivize private development. This legislation, which Edina used to establish the SPARC Program, was enacted to address economic challenges arising in part from the pandemic and subsequent recovery. As such it requires that the designated funds be fully expended for private development activities by December 31, 2025. Any remaining unspent funds must be returned to their original TIF Fund and would be subject to their original restrictions. As such, upon return the majority of the City’s increment would be required to be sent to the County for redistribution to local taxing authorities, of which Edina would receive about 1/3rd. The rationale for creating the special legislation and the formation of the SPARC program persists as interest rates, construction costs, and thresholds for private market returns remain elevated. These Page 210 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 economic challenges are contributing to a financial gap for the proposed 7200 France Avenue development, which is not expected to proceed without public financial support. For Edina to fully benefit from the intended purpose of the Special Legislation, the remaining SPARC funds need to be committed for use within 2025. The SPARC program was authorized to provide the HRA with a financial tool to support private development efforts in several ways: •Provide improvements, loans, interest rate subsidies or assistance in any form to private development consisting of construction or rehabilitation of buildings and ancillary facilities, or •By making an equity or similar investment in a corporation, partnership, or limited liability company necessary to make the private development financially feasible Using the Legislation, the City held a public hearing to approve the transfer of $9.3 MM in previously collected TIF Funds primarily originating from the Southdale 2 TIF District to establish the SPARC Fund. The legislation required that the $9.3 MM SPARC program be spent in full by the end of 2025. The SPARC funds have supported multiple projects, but roughly $5 MM remains. Beginning Balance $9,343,829 Awarded Edina Theater $801,000 Edina Innovation Lab $816,000 The Finch $2,000,000 Small Business Grants $273,000 7200 France (Scenario 2) $ 4,862,458 Remaining*: Scenario 1 $1,685,183 Scenario 2 $591,371 * Any remaining uncommitted SPARC funds will be eligible for use to offset TIF-eligible expenditures with the approved 7235 France Redevelopment (Enclave) project. If the HRA were to elect to move forward with Scenario 1, allowing a deviation from the Affordable Housing Policy to allow fewer affordable units yet in perpetuity, this approval is contingent upon the following: 1. The City Council adopts a Resolution approving the deviation prior to final approval of the PUD Ordinance and final site plan approval; and 2. City Council re-opens the Public Hearing on amending the zoning ordinance and approves an amended PUD to reflect the deviation. Page 211 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 If the City Council neither accepts the deviation nor amends the PUD, Staff recommends automatically defaulting to Option 2. The Developer is seeking bank financing and investor equity based on HRA financing approval, and the development cannot proceed if a reduced SPARC loan is approved (Option 1) yet the PUD Ordinance and Site Plan require 10% of the units to be affordable. Housing and Other Considerations 7200 France contributes to the supply of housing which helps to address the national and local housing shortage. The demand for housing far outpaces the supply, with some experts believing the housing shortage will cause rents to increase in the upcoming year (Marquette Advisors via The Minneapolis Star Tribune, November 14, 2024). This shortage is evidenced in Edina with 49% of renters being housing cost burdened. Similarly, the proposed development addresses the need of over 50% of Edina’s current population whose income is less than what is needed to purchase a home priced at $500,000. Further, 150 new housing units in the Southdale area will provide housing near jobs and provide more people to support our existing businesses. The residential density and elimination of what previously included a surface parking lot will contribute to enhancing the walkability of the area. It is adjacent to transit so it can help meet the City’s Climate Action Plan goals of increasing transit ridership and reducing VMT. Finally, the proposed development also helps implement the vision of the comprehensive plan by delivering elements of the Greater Southdale District Design Experience Guidelines. The Comprehensive Plan reflects that by 2030 the need for affordable housing in Edina is 1804 new units. 7200 France Avenue will create 15 new affordable housing units with rents at the 50% AMI rent levels. These units will help Edina achieve our goal. Forecasted Need Approved % of Need Completed % of Need Total Units 1804 641 35.5%322 17.8% <30% AMI 751 22 2.9%22 2.9% 31-50% AMI 480 246 51.3%155 32.3% 51-80% AMI*573 320 55.8%179 31.2% *Includes single family homeownership. Proposed Loan Terms The Developer is seeking $4,862,458 (Scenario 2) in SPARC financing that would be secured by a Redevelopment Agreement, Note, and Declaration of Restrictive Covenants for Affordability. If the HRA elects to pursue a different scenario, the loan terms remain the same aside from the number of affordable units. The terms would include the following. A. Construction Conditions: 1. Develop150 units of residential housing. 2. Create 15 units of affordable housing in perpetuity. Page 212 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 3. Comply with Sustainable Building Policy. 4. Advancing diversity and equity goals through good faith efforts to include WBE and MBE contracts B. Financing Conditions: 1. Delivery of “Go-Ahead” letter demonstrating private financing by July 1, 2025; 2. Deposit SPARC funds with escrow agent; draws will be made throughout construction period when established benchmarks are achieved with last draw for SPARC submitted by November 15, 2025 and all costs paid by the statutory deadline of December 31, 2025. 3. Execute a Minimum Assessment Agreement for the duration of the TIF District. 4. Supply a Certificate of Completion, including the following a. Sworn Construction Statements b. Final Proforma: i. reflecting the actual costs incurred, and ii. showing a Cash-on-Cost Return of not more than 7%. 5. A Declaration of Restrictive Covenants will be recorded to preserve affordability in perpetuity. 6. Loan forgiven upon delivery of completed project and proving up qualified costs. If upon post construction analysis the targeted Return on Costs is exceeded, the Developer would repay the excess to the City. Page 213 of 545 Redevelopment Agreement (7200 France Avenue) Redevelopment Agreement (7200 France Avenue) by and among City of Edina, Minnesota, Housing and Redevelopment Authority of Edina, Minnesota, and France Property Partners, LLC Dated as of ________________, 2025 THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 214 of 545 -i- Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 TABLE OF CONTENTS Page ARTICLE 1. Recitals; Exhibits, Definitions ............................................................................................. 2 1.1. Recitals ...................................................................................................................................... 2 1.2. Exhibits ...................................................................................................................................... 2 1.3. Definitions ................................................................................................................................. 2 ARTICLE 2. Representations And Warranties ....................................................................................... 2 2.1. Authority Representations ......................................................................................................... 2 2.2. City Representations. The City makes the following representations to Developer: ................ 2 2.3. Developer Representations ........................................................................................................ 3 ARTICLE 3. SPARC FUND LOAN ......................................................................................................... 3 3.1. Loan for Qualified Costs ........................................................................................................... 3 3.2. Loan Disbursement. ................................................................................................................... 4 3.3. Conditions Precedent to Loan Disbursement. ........................................................................... 4 3.4. Loan Forgiveness ...................................................................................................................... 5 3.5. Nature of Edina SPARC Fund ................................................................................................... 6 ARTICLE 4. Affordable Housing.............................................................................................................. 7 4.1. Affordable Housing Requirements ............................................................................................ 7 4.2. Compliance with Affordable Housing Requirements ............................................................... 8 4.3. Restrictive Covenant ................................................................................................................. 8 4.4. Affordable Unit Mix .................................................................................................................. 8 4.5. Level of Finish........................................................................................................................... 8 4.6. Purchase Right ........................................................................................................................... 8 ARTICLE 5. Equity and Inclusion ............................................................................................................ 9 5.1. Generally; Workforce Goals ..................................................................................................... 9 5.2. Good Faith Efforts ..................................................................................................................... 9 5.3. Emerging Business Inclusion and Workforce Diversity Action Plan ..................................... 11 5.4. Reporting ................................................................................................................................. 11 5.5. Non-compliance with Emerging Business Inclusion and Workforce Diversity Action Plan .......................................................................................................................................... 12 ARTICLE 6. ACTIONS TO REDUCE TAXES .................................................................................... 12 6.1. Action to Reduce Taxes .......................................................................................................... 12 6.2. Permitted Tax Appeals ............................................................................................................ 13 ARTICLE 7. FUTURE Public Crossing ................................................................................................. 13 7.1. City Right to Install Public Crossing. ...................................................................................... 13 ARTICLE 8. Encumbrance of the 7200 Parcel ...................................................................................... 13 Page 215 of 545 -ii- Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 8.1. Mortgage of the 7200 Parcel ................................................................................................... 13 8.2. Copy of Notice of Default to Mortgagee ................................................................................. 14 8.3. Mortgagee’s Option to Cure Events of Default ....................................................................... 14 8.4. Rights of a Foreclosing Mortgagee ......................................................................................... 14 8.5. Subordination of Agreement ................................................................................................... 14 ARTICLE 9. Insurance and Indemnification ......................................................................................... 15 9.1. Insurance ................................................................................................................................. 15 9.2. Indemnification ....................................................................................................................... 16 ARTICLE 10. Other Developer Covenants ............................................................................................ 16 10.1. Construction of the Project. ..................................................................................................... 16 10.2. Cooperation with 7250 France. ............................................................................................... 16 10.3. Park Dedication Fees. .............................................................................................................. 16 10.4. Developer Reimbursement Obligations .................................................................................. 16 10.5. Maintenance and Operation of the Improvements .................................................................. 16 10.6. Cooperation with Litigation .................................................................................................... 17 10.7. Condemnation, Damage, or Destruction ................................................................................. 17 10.8. Business Subsidy Agreement .................................................................................................. 17 10.9. Mitigation of Construction Disruption .................................................................................... 17 10.10. Certificate of Completion ........................................................................................................ 17 ARTICLE 11. Transfer Limitations ........................................................................................................ 18 11.1. Limitation on Transfers ........................................................................................................... 18 ARTICLE 12. Events of Default and Remedies ..................................................................................... 19 12.1. Events of Default Defined ....................................................................................................... 19 12.2. Developer Events of Default ................................................................................................... 19 12.3. Authority Remedies on Developer Events of Default ............................................................. 20 12.4. City Remedies on Developer Events of Default ...................................................................... 20 12.5. City or Authority Default; Remedies Upon Default. ............................................................... 20 12.6. No Remedy Exclusive ............................................................................................................. 21 12.7. No Additional Waiver Implied by One Waiver ...................................................................... 21 12.8. Reimbursement of Attorneys’ Fees ......................................................................................... 21 ARTICLE 13. Additional Provisions ...................................................................................................... 21 13.1. Term of Agreement. ................................................................................................................ 21 13.2. Conflicts of Interest ................................................................................................................. 21 13.3. Titles of Articles and Sections ................................................................................................. 22 13.4. Notices and Demands .............................................................................................................. 22 13.5. Governing Law, Jurisdiction, Venue and Waiver of Trial by Jury ......................................... 22 13.6. Severability .............................................................................................................................. 23 13.7. Consents and Approvals .......................................................................................................... 23 13.8. Additional Documents ............................................................................................................. 23 13.9. Limitation ................................................................................................................................ 23 13.10. City/Authority Approval ......................................................................................................... 23 Page 216 of 545 -iii- Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 13.11. Superseding Effect .................................................................................................................. 23 13.12. Relationship of Parties ............................................................................................................. 23 13.13. Survival of Terms .................................................................................................................... 23 13.14. Data Practices Act ................................................................................................................... 23 13.15. No Waiver of Governmental Immunity and Limitations on Liability ..................................... 23 13.16. City and Authority Regulatory Authority................................................................................ 24 13.17. Limited Liability...................................................................................................................... 24 13.18. Time is of the Essence ............................................................................................................. 24 13.19. Counterparts ............................................................................................................................ 24 13.20. Amendments ............................................................................................................................ 24 13.21. Inconsistent Terms. ................................................................................................................. 24 13.22. Estoppel Certificate ................................................................................................................. 24 Page 217 of 545 -iv- Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 LIST OF EXHIBITS Exhibit A Legal Description of 7200 Parcel Exhibit B Qualified Costs Exhibit C Form Promissory Note Exhibit D Sample Pro Forma Exhibit E Form of Certificate of Forgiveness Exhibit F Inclusionary Housing Policy Program Guide Exhibit G Form of Restrictive Covenant for Affordable Housing Exhibit H Form of Right of First Option for Affordable Housing Exhibit I Intentionally Omitted Exhibit J Form of Equity and Inclusion Report Exhibit K Form of Minimum Assessment Agreement Exhibit L Certificate of Completion Page 218 of 545 1 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 REDEVELOPMENT AGREEMENT (7200 France Avenue) THIS REDEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into [_________], 2025 (“Effective Date”), by and among the City of Edina, Minnesota, a Minnesota statutory city (the “City”), the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), and France Property Partners, LLC, a Minnesota limited liability company (“Developer”). RECITALS A. Developer is the owner of that certain land located at located at 7200 France Avenue, Edina, Minnesota, as legally described on Exhibit A (the “7200 Parcel”). B. The 7200 Parcel is subject to that certain Redevelopment Agreement dated April 18, 2023 (as amended from time to time, the “7250 Redevelopment Agreement”) by and among the City, the Authority and 7250 France Group, LLC (“7250 France Developer”), pursuant to which the Authority and the City have agreed to provide certain financial support to 7250 France Developer in connection with the redevelopment of the 7200 Parcel and that certain land located at 7250 France Avenue, Edina, Minnesota (the “7200/7250 Project Area”). Said redevelopment includes the development and construction of: i. A 5-story office/retail building and related site improvements (as defined in and more particularly described in the 7250 Redevelopment Agreement, the “Phase 1 Minimum Improvements”); and ii. A multi-family residential building containing approximately 150 residential units and related site improvements (as defined in and more particularly described in the 7250 Redevelopment Agreement, the “Phase 2 Minimum Improvements”). The Phase 2 Minimum Improvements shall hereinafter be referred to as the “Project.” C. Costs and expenses incurred by 7250 France Developer or Developer in furtherance of the construction and development of the Project are not eligible for TIF Assistance (as defined in the 7250 Redevelopment Agreement), except those site improvements included within the Phase 1 Minimum Improvements. D. Upon completion, the Project is anticipated to deliver many benefits to the general public. In addition to the redevelopment of an underutilized building and long-term increase in the property tax base, the Project will deliver additional public benefits including creation of new permanently affordable housing units, streetscape improvements, permanent sustainability features, and preferred exterior design elements. Upon completion, the Project will also enable several improvements to the local transportation network including improvements for pedestrians, bicyclists, and motorists. These improvements are intended to benefit the Project, the adjacent properties, the surrounding neighborhoods and the general public who travel to and through this area. E. As further set forth in Article 4, the parties have agreed that certain residential units within the Project shall be leased at affordable rents to certain qualifying individuals or households. Developer has requested, and the City and the Authority have agreed, that said affordability requirements remain in effect in perpetuity. Page 219 of 545 2 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 F. Developer received preliminary site plan approval for the Project on November 6, 2024 and entered into the Phase 2 Development Contract (as defined below). G. Pursuant to the temporary authority for use of increment granted by Minnesota Statutes, Section 469.176, subdivision 4(n) (the “Act”) on October 28, 2021, the Authority adopted, and on November 16, 2021, the City approved a written spending plan for unobligated tax increment monies (the “Spending Plan”) and established the Special Projects and Redevelopment Capital Fund (the “SPARC Fund”) to encourage and incentivize new private investment in the City’s commercial and industrial districts by providing loans, grants and/or equity for development projects in accordance with the Spending Plan. H. Pursuant to the Act and the Spending Plan, and subject to the terms and conditions of this Agreement, the Authority, believing that the Project is in the best interest of the City, desires to provide, upon the satisfaction of the conditions set forth in this Agreement, a forgivable loan of unobligated tax increment revenue to Developer from the SPARC Fund in the maximum principal amount of $4,862,458 (the “Loan”) to assist in financing the Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto hereby agree as follows: ARTICLE 1. Recitals; Exhibits, Definitions 1.1. Recitals. The foregoing Recitals are incorporated into this Agreement by this reference, including the definitions set forth therein. 1.2. Exhibits. All Exhibits referred to in and attached to this Agreement upon execution are incorporated in and form a part of this Agreement as if fully set forth herein. 1.3. Definitions. Terms capitalized but not otherwise defined herein shall having the meanings ascribed to such terms in the 7250 Redevelopment Agreement. ARTICLE 2. REPRESENTATIONS AND WARRANTIES 2.1. Authority Representations. The Authority makes the following representations to Developer: 2.1.1.1 The Authority is a public body corporate and politic and a governmental subdivision of the state of Minnesota, duly organized and existing under State law and the Authority has the authority to enter into this Agreement and carry out its obligations hereunder. 2.1.1.2 The Authority has the power under applicable state law to enter into this Agreement and carry out its obligations hereunder. 2.2. City Representations. The City makes the following representations to Developer: 2.2.1. The City is a Minnesota municipal corporation and the City has the authority to enter into this Agreement and carry out its obligations hereunder. Page 220 of 545 3 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 2.2.2. The City has the power under applicable state law to enter into this Agreement and carry out its obligations hereunder. 2.3. Developer Representations. Developer makes the following representations to the Authority: 2.3.1.1 Developer is a limited liability company under the laws of the State of Minnesota and has power to enter into this Agreement and has duly authorized, by all necessary corporate action, the execution and delivery of this Agreement. 2.3.1.2 Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which Developer is now a party or by which Developer is bound. 2.3.1.3 There is no legal or regulatory proceeding or investigation pending or, to the knowledge of Developer, threatened (or any basis therefor) against Developer or the Project, which, when and however decided, could have a material adverse effect on the condition or business of Developer or its ability to perform its obligations under this Agreement. 2.3.1.4 Developer has no actual knowledge that any member of the Board of the Authority, or any other officer of the Authority or the City has any direct or indirect financial interest in Developer, the 7200 Parcel, or the Project. 2.3.1.5 Developer would not undertake the Project without the financial assistance to be provided by the Authority pursuant to this Agreement. The foregoing representations and warranties, as well as the facts contained in the Recitals, shall be continuing in nature and shall be true and correct as of the date made, at the date of the initial advance and at the dates of all subsequent advances of the proceeds of the Loan. ARTICLE 3. SPARC FUND LOAN 3.1. Loan for Qualified Costs. The Authority agrees to make the Loan to Developer subject to the following terms and conditions, and the other terms, conditions, and restrictions of this Agreement: 3.1.1. The maximum principal amount of the Loan will be $4,862,458, which represents the amount of Qualified Costs (defined below) that are anticipated to be expended by Developer on or before the Disbursement Request Deadline. 3.1.2. The Loan funds may be used to pay for those costs incurred by Developer in connection with the Project that have been expended by the Developer by December 1, 2025, excluding land acquisition, but including, without limitation, all Project costs shown on Exhibit B attached hereto (collectively, “Qualified Costs”). 3.1.3. The Loan shall be evidenced by a note to be executed by Developer and delivered to the Authority, the form of which is attached hereto as Exhibit C (the “Note”). Page 221 of 545 4 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 3.1.4. Upon the occurrence and during the continuance of an Event of Default of Developer (as defined in Section 12.2), the unpaid principal of the Loan shall bear interest at the rate described in the Note. 3.2. Loan Disbursement. 3.2.1. Deposit of Funds in Escrow. Promptly following receipt of the Go-Ahead Letter, the Authority will deposit funds in the amount of the Loan with an escrow agent (to be mutually agreed upon by the Authority and Developer) (the “Escrow Agent”) to be disbursed to pay Qualified Costs pursuant to the terms of this Agreement upon review and approval of disbursement requests as provided herein. 3.2.2. Disbursement Requests. Requests for disbursement of portions of the Loan shall be originated by Developer by delivering to the Authority and the Escrow Agent a disbursement request in the form acceptable to the Escrow Agent and approved by the Authority (the “Disbursement Request”) in its reasonable discretion. Within 5 business days after receipt of the Disbursement Request, the Authority shall approve or disapprove the Disbursement Request, and if approved, shall forward the Disbursement Request and a sufficient amount of the Loan to pay said Disbursement Request to Escrow Agent, subject to the condition that, before disbursing such Loan advance, Escrow Agent must obtain partial and/or full lien waivers, lien releases or lien satisfactions, in the customary form from the general contractor and all subcontractors and material suppliers with whom the general contractor has contracted with in connection with the Qualified Costs of the Project. If the Escrow Agent is unable to obtain such waivers, releases and/or satisfactions with respect to any Disbursement Request, the Authority shall be entitled, but not obligated, to revoke its approval of such Disbursement Request. Developer hereby agrees to indemnify, defend and hold harmless the Authority and Escrow Agent from any and all claims, demands or costs associated with the disbursement of the Loan, including reasonable attorney’s fees arising therefrom. The foregoing notwithstanding, upon the consent of the Authority, which shall not be unreasonably withheld, conditioned or delayed, the disbursement process set forth in this Section may be modified if required by Developer’s lender(s) or investor(s)funding the construction of the Project. 3.2.3. No Disbursement Request may be submitted to the Authority later than December 1, 2025 (“Disbursement Request Deadline”) in order for the Escrow Agent to make all disbursements of Loan proceeds and pay the corresponding Qualified Costs before the SPARC Expiration Date (as defined below), and, notwithstanding anything herein to the contrary, the Authority shall have no obligation to accept any Disbursement Request or to approve any Loan advances after the SPARC Expiration Date. 3.3. Conditions Precedent to Loan Disbursement. Notwithstanding anything to the contrary contained herein, the Authority’s obligation to approve any disbursement of any portion of the Loan shall be subject to satisfaction, or waiver in writing by the Authority, of all of the following conditions precedent: 3.3.1. The Authority shall have received the Go-Ahead Letter. 3.3.2. Developer shall have executed and delivered the Note to the Authority. 3.3.3. There shall then be no uncured Event of Default (as defined below) and no act, event, condition or omission shall have occurred which, with the giving of notice or lapse of time or both, would constitute an Event of Default hereunder or under the Phase 2 Development Contract (as defined below), and the Authority shall have received a certificate to that effect dated the date of each such Disbursement Request and signed by Developer. 3.3.4. The representations of Developer set forth in Section 2.3 shall continue to be true and correct in all material respects as of the date of such disbursement of Loan proceeds. Page 222 of 545 5 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 3.4. Loan Forgiveness 3.4.1. Definitions. For the purposes of this Section, the following terms have the following meanings: 3.4.1.1 “Cash-on-Cost Return” means Net Operating Income divided by the sum of the total actual cost of the Project (less the Loan amount) as set forth in the Pro Forma and calculated based on the average annual return accruing as actual costs of the Project are expended. For purposes of clarity, an example calculation of the Cash-On-Cost Return is included in the form Pro Forma attached as Exhibit D. 3.4.1.2 “Net Operating Income” means total projected income and other project-derived revenue (assuming reasonable vacancy rates and rent concessions), less Operating Expenses. 3.4.1.3 “Operating Expenses” means reasonable and customary projected expenses incurred in operating the Project, including, but not limited to all management and related expenses, all real estate taxes and special assessments for the 7200 Parcel, any pro-rata portion of the 7250 Parcel costs or other private costs required under any private easements, declarations or agreements, and any required debt service or preferred return payments. 3.4.1.4 “Pro Forma” means a detailed financial pro forma, including costs, sources and uses of financing, and return calculations based on actual, documented costs of the Project and projected Net Operating Income, in substantially the form attached hereto as Exhibit D. 3.4.2. Confirmation Upon Completion. The financial assistance to Developer under this Agreement is based on certain assumptions regarding anticipated costs and expenses associated with constructing the Project. Specifically, the maximum aggregate principal amount of the Loan has been determined based on the amount of assistance needed to make the Project financially feasible. The Authority and Developer agree that those assumptions will be reviewed at the times described in this Section, and that the forgiveness of the Loan is conditioned upon the Authority’s subsequent confirmation that those assumptions were substantially realized. Accordingly, after substantial completion of the Project, but before, and as a condition to, issuance of both the Certificate of Completion and the Certificate of Forgiveness (as both are defined below), Developer shall provide to the Authority the Pro Forma and any reasonable and relevant information and documentation as the Authority requires in order to calculate the reasonably anticipated Cash-on-Cost Return for the Project. The Authority may retain a financial advisor, accountant, and/or other professional with similar expertise to audit the submitted Pro Forma, at Developer’s cost. 3.4.3. Conditions Precedent to Loan Forgiveness. The Authority’s obligation to forgive all or any portion the Loan shall be subject to satisfaction, or waiver in writing by the Authority, of all of the following conditions precedent: 3.4.3.1 Following substantial completion of the Project, Developer shall have provided the Pro Forma to the Authority, and the Authority shall have completed its review, analysis, and audit of the same as necessary to confirm that Developer has actually incurred Qualified Costs in an amount equal to at least the amount of the Loan. 3.4.3.2 The Pro Forma shall demonstrate that the reasonably anticipated Cash-on-Cost Return for the Project does not exceed 7% (the “Market Return Rate”). Page 223 of 545 6 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 3.4.3.3 There shall then be no uncured Event of Default (as defined below) and no act, event, condition or omission shall have occurred which, with the giving of notice or lapse of time or both, would constitute an Event of Default hereunder or under the Phase 2 Development Contract (as defined below), and the Authority shall have received a certificate to that effect and signed by Developer. 3.4.3.4 The representations of Developer set forth in Section 2.3 shall continue to be true and correct in all material respects as of the date of such advance. 3.4.4. Loan Forgiveness. 3.4.4.1 Certificate of Forgiveness. So long as the conditions precedent set forth in Section 3.4.3 have been satisfied to the Authority’s satisfaction in its reasonable discretion, upon the Authority’s issuance of the Certificate of Completion in accordance with this Agreement, the Authority shall forgive the Loan by furnishing Developer with a certification in the form attached hereto in Exhibit E (the “Certificate of Forgiveness”) reasonably promptly after Developer’s request. 3.4.4.2 Cure Period. If the Authority shall refuse or fail to provide a Certificate of Forgiveness within 30 days following Developer’s request due to Developer’s failure to satisfy the conditions set forth in Section 3.4.3.3 or 3.4.3.4, the Authority shall provide Developer with a written statement specifying in what respects Developer has failed to comply with this Agreement or is otherwise in default, and what measures or acts will be necessary, in the reasonable opinion of the Authority, for Developer to obtain the Certificate of Forgiveness. Developer shall have 30 days after its receipt of such written statement from the Authority to comply with such outstanding items set forth by the Authority; provided, however, if Developer requires more than 30 days to comply, such failure shall not constitute an Event of Default, provided Developer promptly commenced actions to comply upon receipt by Developer of the written statement from the Authority, and with due diligence is thereafter continuously prosecutes such compliance to completion and is completed within a reasonable period of time, and provided that Developer keeps the Authority informed at all times of its progress in fulfilling all of such outstanding items, provided that in no event shall such additional period to comply extend beyond 90 days 3.4.4.3 Partial Forgiveness. 3.4.4.3.1 Insufficient Qualified Costs. If, upon review of the Pro Forma, the Authority determines that Developer has not incurred Qualified Costs in an amount equal to at least the amount of the Loan, then, so long as all other conditions precedent set forth in Section 3.4.3 have been satisfied to the Authority’s satisfaction, the Authority shall partially forgive the Loan in an amount equal to the Qualified Costs actually incurred. The balance of the Loan that is not forgiven shall be repaid pursuant to the Note. 3.4.4.3.2 Excess Return. If, upon review of the Pro Forma, the Authority determines that Developer’s projected Market Rate Return exceeds 7%, the Authority shall determine the amount by which the Market Return Rate has been exceeded, and the dollar value of that calculation shall not be forgiven and shall be repaid pursuant to the Note. 3.4.5. Completion Deadline. Notwithstanding herein to the contrary, subject to Unavoidable Delays, in no event will the Authority be obligated to forgive the Loan, if Developer has not obtained the Certificate of Completion by December 31, 2027 (“Completion Deadline”). 3.5. Nature of Edina SPARC Fund. The authority for the Authority to transfer or loan unobligated incremental property taxes under the Act (as the same have been allocated to the SPARC Fund) Page 224 of 545 7 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 expires on December 31, 2025 (the “SPARC Expiration Date”) and all such transferred increments must be spent by such SPARC Expiration Date. As such, to minimize the amount of increment that the Authority would be require to “return” under the Act, if the Loan is not fully forgiven as provided herein, any amounts paid or repaid to the Authority by Developer shall be from sources of funds of Developer other than the loaned unobligated incremental property taxes from the SPARC Fund. ARTICLE 4. AFFORDABLE HOUSING. 4.1. Affordable Housing Requirements. Developer covenants that at least 10% of the residential units within the Project, but in no event fewer than 15 of such residential units (the “Affordable Units”), will be leased (a) at rents (inclusive of utilities and mandatory fees) that are considered affordable to individuals or households earning less than 50% of the then current U.S. Department of Housing and Urban Development’s Multifamily Tax Subsidy Project Income Limits for the Minneapolis-Saint Paul-Bloomington Metropolitan Statistical Area (“MTSPI”), as adjusted for family size and (b) to individuals or households projected to earn no more than 60% of MTSPI, as adjusted for family size, for an indefinite period (the “Affordable Housing Requirements”). 4.1.1. The Affordable Housing Requirements shall also incorporate and include the following conditions and requirements: 4.1.1.1 no security deposit shall be required in excess of the amount of one month of rent in connection with any Affordable Unit; 4.1.1.2 Developer shall affirmatively market the Affordable Units to one or more traditionally underserved populations as affordable at the rates required hereunder; 4.1.1.3 prior to delivery of the Go-Ahead Letter, Developer shall notify the Authority of Developer’s initial determination as to whether the Affordable Units will be “fixed” to particular housing units within the Project or floating among various housing units with the Project. If the Affordable Units are to be fixed, Developer shall provide the Authority with the unit numbers of such fixed Affordable Units; 4.1.1.4 the two-bedroom units must be leased to households consisting of at least two members; 4.1.1.5 Developer will not refuse to lease an Affordable Unit to the holder of a voucher or certificate of eligibility under Section 8 of the United States Housing Act of 1937, or any other housing assistance program, solely because of the status of the prospective tenant as such a holder. 4.1.1.6 the Affordable Units shall be subject to the terms and condition of the Inclusionary Housing Policy Program Guide (“Policy Guide”), a current version of which is attached as Exhibit F, provided, however, the Affordable Housing Requirements hereunder shall not include changes in the Policy Guide adopted by the City after the date of this Agreement which are more restrictive than the Policy Guide attached as Exhibit F; and 4.1.1.7 Developer shall, upon annual invoicing, reimburse the City (or such subdivision of the City administrating the Affordable Housing Requirements) for third-party expenses related to monitoring of Developer’s compliance with the Affordable Housing Requirements, which such costs shall initially not exceed $3,500 per year for all Affordable Units (plus any additional costs necessitated by re-inspections for noncompliance with the Affordable Housing Requirements) and Page 225 of 545 8 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 thereafter be subject to reasonable adjustment from time to time as commonly applied by the City to owners of affordable housing units subject to the Affordable Housing Requirement. 4.1.1.8 Residents of the Affordable Units shall have the same access to building amenities as residents of the market-rate units. The level of finish within the Affordable Units must be consistent with the level of finish within new construction, affordable apartments in the Twin Cities metropolitan area, but does not need to be the same as market rate units in the Project. Residents of the Affordable Units shall have the same parking rights as residents of the market-rate units. 4.2. Compliance with Affordable Housing Requirements. For avoidance of doubt, any failure by Developer to comply with the Affordable Housing Requirements that is not cured within any applicable cure periods set forth in the Housing Restrictive Covenant will be an Event of Default. 4.3. Restrictive Covenant. The Affordable Housing Requirements will be set forth in a restrictive covenant in substantially the form shown in the attached Exhibit G and to be recorded against the 7200 Parcel prior to, and as a condition to, the issuance of the Certificate of Completion and the Certificate of Forgiveness (the “Housing Restrictive Covenant”). The Housing Restrictive Covenant shall remain in effect in perpetuity, as requested by Developer. Except as otherwise required by a lender making a loan to the Developer pursuant to a Federal Housing Administration loan program, the Housing Restrictive Covenant shall not be subordinated or junior to any Mortgage on the Project, and if any Mortgage exists at the time the Housing Restrictive Covenant is to be recorded, Developer shall cause the mortgagee under such Mortgage to subordinate the Mortgage and the lien thereof to the Housing Restrictive Covenant. The Authority’s Executive Director is hereby authorized to execute documents on behalf of the Authority as may be required in connection with any loan made to the Developer pursuant to a Federal Housing Administration loan program. 4.4. Affordable Unit Mix. The Affordable Units shall consist of at least 3 studio units, 5 one bedroom units, 5 one bedroom plus den units, and 2 two bedroom units. As it pertains to the affordable housing provision, alcove units with an enclosed or partially enclosed sleeping room shall be considered studio units. Any change in the foregoing distribution of units shall require the prior written approval of the Authority’s authorized representative, which such consent will not be unreasonably conditioned, delayed or withheld. 4.5. Level of Finish. The level of finish within the Affordable Units must be consistent with the level of finish within new construction, affordable apartments in the Twin Cities metropolitan area. 4.6. Purchase Right. Developer shall grant to the Authority the one-time right to purchase one or more of the Affordable Units (the “Right of First Purchase Option”), which such Right of First Purchase Option shall be exercisable by the Authority only in the event the Affordable Units are converted from rental units to condominium or for-sale co-op units. The Right of First Purchase Option shall be granted to Authority pursuant to a Right of First Purchase Option agreement in the form attached as Exhibit H and on the terms and conditions set forth therein. The execution and recording of the Right of First Purchase Option shall be a condition to issuance of the Certificate of Completion and the Certificate of Forgiveness. Except as otherwise required by a lender making a loan to the Developer pursuant to a Federal Housing Administration loan program, the Right of First Purchase Option shall not be subordinated or junior to any Mortgage on the Project, and if any Mortgage exists at the time the Right of First Purchase Option is to be recorded, Developer shall cause the mortgagee under such Mortgage to subordinate the Mortgage and the lien thereof to the Right of First Purchase Option. Page 226 of 545 9 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 ARTICLE 5. EQUITY AND INCLUSION. 5.1. Generally; Workforce Goals. Developer shall use good faith efforts as defined in Section 5.2 to include businesses that are majority owned by under-represented groups including minorities, women, veterans and people with disabilities in the development and construction of the Project. Developer shall, and shall cause its general contractor to, use, good faith efforts to employ under-represented people on the construction site for the Project. Developer commits to use good faith efforts to try to achieve the following workforce goals to maximize participation opportunities for the local workforce, including women and minorities: 5.1.1. Minority – 15% of the total labor hours for the Project. 5.1.2. Female – 5% of the total labor hours for the Project. 5.1.3. 10% of the total subcontracted work awarded to businesses that qualify as minority or women owned business enterprises. The City does not offer independent certification of disadvantaged business entities and will accept certificates issued by recognized third party programs to confirm WBE and MBE status. Self-certification by the subcontractor is not acceptable. Developer shall not be required to independently validate the authenticity of certifications submitted by subcontractors. These goals are expressed as a percentage of the total craft hours on the Project. Minorities includes African American (not of Hispanic origin), Hispanics, Asians, Pacific Islanders, Native Americans and Alaskan Natives, commonly referred to as Black, Indigenous and People of Color (BIPOC). 5.2. Good Faith Efforts. For the purpose of this Section, “good faith efforts” shall be defined by material compliance with the following: 5.2.1. At the Project site 5.2.1.1 Post Equal Employment Opportunity (EEO) policy and anti-harassment policies prominently on employee bulletin boards and job sites. Update at least once a year with new contact information and signature of the contractor’s chief executive officer. 5.2.1.2 Post all government-mandated posters (Minnesota, federal, local) in areas available to employees and applicants and on all job sites. 5.2.1.3 All job sites to the extent possible should be accessible to people with disabilities, specifically people with mobility impairments (restrooms, breakrooms, etc.). If all restrooms are not accessible, provide comparable facilities for people with disabilities. 5.2.1.4 Check employee locker rooms, break rooms, restrooms, and work areas (job sites) for potentially offensive cartoons, etc. 5.2.2. Recruiting 5.2.2.1 All personnel involved in hiring, selection, promotion, disciplinary and related processes should be trained to ensure the elimination of bias (implicit bias training) in personnel actions. Page 227 of 545 10 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 5.2.2.2 Include an EEO tagline or similar statement in all want ads or other external job announcements. If you post jobs on your web site, include an EEO tagline. 5.2.2.3 Communicate to the union, if any, to ensure that the union accepts people for membership in a nondiscriminatory way and that they refer people to jobs fairly. 5.2.2.4 Make formal and informal contact with community organizations, apprenticeship training organizations, and unions, and other recruitment organizations (specifically those organizations that focus on women, people of color, Indigenous people, and people with disabilities) that may be able to refer qualified applicants for jobs you have available. 5.2.2.5 Provide training, preparation and workplace accommodations so that people with disabilities can have rewarding careers. 5.2.2.6 Contact the Department of Employment and Economic Development (DEED) Vocational Rehabilitation Services unit for the purpose of forming partnerships to help prepare people with disabilities for meaningful employment opportunities. 5.2.2.7 Participate in construction community job fairs or other construction-related events. 5.2.2.8 When using paid advertising, include news media or websites geared toward women, communities of color, and/or people with disabilities. 5.2.3. Selection and Hiring 5.2.3.1 Review your application form and remove any questions that are not job-related. Include an EEO statement on the form itself. Review the application to make sure no illegal/potentially illegal information is requested. 5.2.3.2 Review EEO/Applicant tracking surveys: they should ask for necessary tracking information only and should be clearly marked as voluntary. Remove the forms from the application itself before the selection process begins. 5.2.3.3 Make sure supervisors are using legal criteria in their hiring decisions. 5.2.3.4 If you use any pre-employment tests (math tests, typing tests, skill tests, “personality” or “integrity” tests), these tests should directly relate to the jobs for which they’re used. 5.2.4. Termination of Employment 5.2.4.1 Develop a written termination policy and/or progressive discipline policy. All supervisors should implement your process consistently. 5.2.4.2 If appropriate, conduct exit interviews or administer exit surveys. 5.2.5. Employee Files and Record-Keeping 5.2.5.1 Retain all information that could reveal age, race, disability, religion, etc. as confidentially as possible. (I-9 forms, insurance forms, medical leave requests, etc.) Page 228 of 545 11 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 5.2.5.2 An employee’s file should tell the complete story of this employee’s history with your company: orientation, training, performance evaluations, wage increases, promotion information, disciplinary notices, etc. All pay increases should be documented, and nondiscriminatory reasons for pay should be obvious. (Some companies create a checklist for each employee file so that they can be certain that all important documentation is retained.) 5.2.5.3 Retain applications for at least a year. Develop an applicant flow log or similar tracking system. Make sure that you can track each applicant back to their EEO survey or affirmative action data page, if completed. (You cannot conduct a meaningful analysis of your selection process without this information.) 5.2.5.4 All files of terminated employees should show the reason for termination, whether voluntary or involuntary. 5.2.6. Other 5.2.6.1 Conduct training for all employees of your EEO and anti- harassment policies in safety meetings at the beginning of each project and additionally throughout the year for new hires. Emphasize reporting procedures. 5.2.6.2 Make reasonable efforts to solicit people of color, Indigenous, and women-owned businesses to participate in subcontracts or vendor contracts. 5.3. Emerging Business Inclusion and Workforce Diversity Action Plan. Developer shall, and shall cause its general contractor to implement an emerging business inclusion and workforce diversity plan in a form acceptable to the Authority’s Executive Director (the “Emerging Business Inclusion and Workforce Diversity Action Plan”) as may be modified with the prior written consent of the Authority’s Executive Director, which consent shall not be unreasonably withheld or delayed. The Authority’s Executive Director shall be given the opportunity to review and confirm the Emerging Business Inclusion and Workforce Diversity Action Plan. Accordingly, Developer shall deliver the Emerging Business Inclusion and Workforce Diversity Action Plan to the Authority’s Executive Director prior to, or simultaneously with, the delivery of the Go-Ahead Letter. 5.4. Reporting. Upon Completion, and as a condition to the Certificate of Completion and Certificate of Forgiveness, Developer shall submit a report in substantially the form attached as Exhibit J. This report shall summarize the actual percentages attained after implementation of the Emerging Business Inclusion and Workforce Diversity Action Plan. This report shall include, without limitation: 5.4.1. business name, trade category, contact name and business address of each Minority-owned Business Enterprise (MBE), Women-owned Business Enterprise (WBE), or Veteran-owned Business Enterprise (VBE) firm engaged in the Project; 5.4.2. total hours worked for each construction trade; 5.4.3. total dollar value of work provided; 5.4.4. hours worked for each construction trade by minority workers including women workers, and workers considered BIPOC; 5.4.5. employer of the BIPOC and women workers; Page 229 of 545 12 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 5.4.6. calculation of percentage; and 5.4.7. summary of good faith efforts that were made by Developer to comply with this Article 5. 5.5. Non-compliance with Emerging Business Inclusion and Workforce Diversity Action Plan. 5.5.1. In the event that the Authority reasonably determines that Developer has not used good faith effort to achieve these goals (by failing to cause its contractors to comply with the approved Emerging Business Inclusion and Workforce Diversity Action Plan); the Authority shall deliver Developer detailed written findings supporting the Authority’s determination that Developer failed to use good faith efforts to achieve such goals; and, the amount of a penalty which may be assessed to the Developer by the Authority for failing to use good faith efforts to achieve the goals (a “Non-Compliance Notice”). The penalty shall be a cash payment made to a workforce training organization that actively trains underrepresented people in the construction trades in the Twin Cities region. The penalty shall be no more than $150,000.00. Payment of any penalty shall be a condition to issuance of the Certificate of Completion and shall be the Authority’s sole remedy. 5.5.2. Developer and the Authority will use the following special dispute resolution process following Developer’s dispute of the Authority’s findings and penalty per any Non-Compliance Notice. Upon Developer’s delivery of a written dispute to a Non-Compliance Notice, Developer (or its successor or delegate), as Developer’s representative, and the Authority’s Executive Director (or its delegate), as the Authority’s representative, shall promptly meet in person and explore resolution until either party determines that effective resolution is not possible without more formal dispute resolution. Developer and the Authority, through their respective representative, shall complete this special dispute resolution process in good faith. The foregoing notwithstanding, the special dispute resolution process, as set forth in this Section, shall be deemed a failure if such dispute or matter is not resolved within thirty (30) days of the initial written request by a party to commence the process. ARTICLE 6. ACTIONS TO REDUCE TAXES. 6.1. Action to Reduce Taxes. Developer shall take no action and suffer no circumstances to exist or action to be taken by others (to the extent Developer may prevent the same), the effect of which would be to render the 7200 Parcel or any portion thereof to be no longer generally subject to real property taxation. Developer shall not: 6.1.1. seek administrative review or judicial review of the applicability of any tax statute relating to the taxation of the 7200 Parcel determined by any tax official to be applicable or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; 6.1.2. seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of the 7200 Parcel determined by any tax official, or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; 6.1.3. seek any tax deferral or abatement, either presently or prospectively authorized under any state or federal law, of the taxation of the 7200 Parcel; or 6.1.4. convey the 7200 Parcel to an entity that is exempt from the payment of real estate taxes without prior written approval of the City until the TIF Notes have been paid in full. Page 230 of 545 13 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 6.2. Permitted Tax Appeals. Notwithstanding any provision in Section 6.1 to the contrary, Developer may seek through petition or other means to have the market value for the 7200 Parcel reduced (“Tax Appeal”) only according to this provision. Any such activity must be preceded by written notice from Developer to the City and the valuation sought through the appeal must remain equal to or greater than $48,000,000 (the “Minimum Assessment Requirement”). The Minimum Assessment Requirement will be set forth in substantially the form shown in the attached Exhibit K and to be recorded against the 7200 Parcel prior to, and as a condition to, the issuance of the Certificate of Completion and the Certificate of Forgiveness. ARTICLE 7. FUTURE PUBLIC CROSSING. 7.1. City Right to Install Public Crossing. The City currently believes it is in the best interest of the public to construct a public underpass or bridge to allow pedestrians to cross France Avenue above or below grade (the “Public Crossing”) in the 7200/7250 Project Area, and the City is currently analyzing the feasibility of and design options for any such Public Crossing. Subject to the terms and conditions of this Section 7.1, if the City elects to construct a Public Crossing, one end of the Public Crossing may be located in the area of the Public Plaza and the City and Developer shall enter into (and, as necessary, Developer shall cause 7250 France Developer to be party to) a mutually agreeable definitive, recordable agreement (the “Public Crossing Agreement”) to provide the City (and its agents, contractors, and employees) access to the 7200/7250 Project Area for purposes of constructing and operating the Public Crossing and to otherwise set forth the terms upon which the City, at its cost, will build and maintain the Public Crossing. If required by the City prior to Developer’s satisfaction of all other requirements for issuance of the Certificate of Completion, Developer’s execution of the Public Crossing Agreement shall be condition to issuance of the Certificate of Completion for the Phase 2 Minimum Improvements, unless such condition is waived by City, which waiver may be granted by the City’s Authorized Representative; provided, however, any such waiver shall not be deemed a waiver of the City’s rights under this Section 7.1. Developer acknowledges and agrees that the provisions of the 7250 Redevelopment Agreement regarding the 7250 France Developer’s obligations regarding the Public Crossing continue to burden the 7200 Parcel. ARTICLE 8. ENCUMBRANCE OF THE 7200 PARCEL 8.1. Mortgage of the 7200 Parcel. 8.1.1. Until the Completion of the Project, Developer shall not engage in any financing or any other transaction creating any mortgage or other security interest in or lien upon the 7200 Parcel, or portion thereof, whether by express agreement or operation of law (a “Mortgage”), or suffer any Mortgage to be made on or attach to the 7200 Parcel, without the prior written approval of the Authority which shall not be unreasonably withheld, conditioned or delayed, provided, however, that Developer or any successor in interest to the 7200 Parcel or portion thereof may engage in financing or any other transaction creating a Mortgage for the purpose of obtaining funds necessary for constructing the Project and paying other Project costs, without obtaining the prior written approval of the Authority. 8.1.2. This restriction on encumbrance shall terminate upon Completion of the Project. Developer or any successor in interest to the Project or portion thereof, may sell or engage in financing or any other transaction creating a Mortgage on the Project or portion thereof after the Certificate of Completion has been obtained with respect to the Project, without obtaining the prior written approval of the Authority. Page 231 of 545 14 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 8.2. Copy of Notice of Default to Mortgagee. If the City or the Authority delivers any notice or demand to Developer with respect to any Default under this Agreement, the City or the Authority, as applicable, will endeavor to also deliver a copy of such notice or demand to the mortgagee of any Mortgage at the address of such mortgagee provided in the recorded Mortgage or any other address thereafter provided to the Authority in a written notice from Developer or the mortgagee, provided that failure of the City or the Authority to give any such notice shall not limit the City’s or the Authority’s ability to exercise any of its remedies hereunder. 8.3. Mortgagee’s Option to Cure Events of Default. Upon the occurrence of an Event of Default, the mortgagee under any Mortgage will have the right at its option, to cure or remedy such Event of Default within the cure periods set forth herein. 8.4. Rights of a Foreclosing Mortgagee. An individual or entity who acquires title to all or a portion of the Project through the foreclosure of a mortgage or deed in lieu of foreclosure on such portion of the 7200 Parcel remains subject to each of the restrictions set forth in this Agreement and remains subject to all of the obligations of Developer, or any successor in interest to Developer, under the terms of this Agreement, but neither the purchaser at a foreclosure sale, the grantee under a deed in lieu of foreclosure, nor any subsequent transferee from a mortgagee shall have any personal liability for a breach of such obligations under this Agreement so long as: 8.4.1. The party acquiring title through foreclosure or deed in lieu of foreclosure observes all of the restrictions set forth in this Agreement; 8.4.2. The party who acquired title through foreclosure or deed in lieu of foreclosure does not undertake or permit any other party to undertake any Project improvements on the portion of the 7200 Parcel it owns; 8.4.3. The City has no obligation to approve any plans for the Project or a portion of the Project that the foreclosing mortgagee (or mortgagee obtaining a deed in lieu of foreclosure) owns or to issue any related building permits. The purpose of this section is to permit a foreclosing lender (or mortgagee or purchaser obtaining a deed in lieu of foreclosure or a subsequent transferee) to hold title to the portion of the 7200 Parcel it acquires through foreclosure or deed in lieu of foreclosure, subject to, but without personal liability for the obligations under this Agreement, until it can sell the portion it holds to a third party who will assume the obligations of Developer under the terms of this Agreement and proceed with the construction of the Project pursuant to the terms of this Agreement. If, rather than passively holding title to the portion of the 7200 Parcel it acquires through foreclosure or deed in lieu of foreclosure, the foreclosing lender (or mortgagee obtaining a deed in lieu of foreclosure or subsequent transferee) or other purchaser at a foreclosure sale desires to construct the Project, the purchaser at the foreclosure sale must assume and perform each of the obligations of Developer, or the applicable successor to the interest of Developer, under this Agreement as to the portion of the Project subject to foreclosure. This section does not restrict the authority of the Authority to pursue its rights under any outstanding security, exercise remedies otherwise available under this Agreement or suspend the performance of the obligations of the Authority or Developer under this Agreement as otherwise allowed. The Authority agrees to reasonably cooperate with any foreclosing lender (or mortgagee obtaining a deed in lieu of foreclosure) or other purchaser at a foreclosure sale in pursuing the Project in accordance with this Agreement. 8.5. Subordination of Agreement. The City and the Authority will, upon the request of the holder of a Mortgage, execute and record a subordination agreement pursuant to which the City and the Authority agree that, upon a default by Developer under a Mortgage, the holder of the Mortgage may elect, Page 232 of 545 15 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 in an instrument to be recorded in the Hennepin County land records and delivered to the City and the Authority before the commencement of proceedings to foreclose the Mortgage, to either (1) treat this Agreement as being subordinate to the lien of the Mortgage such that the foreclosure of the Mortgage and the failure to redeem from such foreclosure will extinguish and terminate this Agreement; or (2) to treat this Agreement as having priority over the Mortgage in which case this Agreement will survive the foreclosure of the Mortgage and this Agreement will be binding upon the holder of the Sheriff’s Certificate issued in conjunction with the foreclosure of the Mortgage, subject to the terms and conditions of Section 8.4. If the holder of the Mortgage fails to notify the City and the Authority of its election under this Section 8.5 on or before the commencement of foreclosure proceedings, the holder of the Mortgage shall be deemed to have elected to treat this Agreement as being subordinate to the lien of the Mortgage such that the foreclosure of the Mortgage and the failure to redeem from such foreclosure will extinguish and terminate this Agreement. The City and Authority each further agree that if the holder of a Mortgage elects to treat this Agreement as having priority over the Mortgage, the City and Authority, upon the completion of the foreclosure without redemption, agree that the time for the completion of the Project is extended to a date 12 months following the expiration of all applicable redemption periods or such later date the City and Authority approve in writing. ARTICLE 9. INSURANCE AND INDEMNIFICATION 9.1. Insurance. 9.1.1. Developer shall obtain and continuously maintain insurance on the Project and, from time to time at the reasonable request of the Authority, furnish proof to the Authority that the premiums for such insurance have been paid and the insurance is in effect. The insurance coverage described below is the minimum insurance coverage that Developer must obtain and continuously maintain, provided that Developer shall obtain the insurance described in Section 9.1.1.1 below with respect to the Project prior to the commencement of construction of the Project thereof and is only obligated to maintain the insurance described in Section 9.1.1.1 until Developer receives a Certificate of Completion: 9.1.1.1 Builder’s risk insurance, written on the so-called “Builder’s Risk-Completed Value Basis,” in an amount equal to 100% of the insurable value of the Project at the date of Completion, and with coverage available in non-reporting form on the so-called “all risk” form of policy. 9.1.1.2 Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner’s/Contractor’s Policy naming the Authority, and the City as an additional insured, with limits against bodily injury and property damage of not less than $2,500,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), written on an occurrence basis. 9.1.1.3 Workers compensation insurance, for employees of Developer if and to the extent required by Law. 9.1.2. All insurance required in this Article shall be obtained and continuously maintained by responsible insurance companies selected by Developer which are authorized under the laws of the State to assume the risks covered by such policies. If available on commercially reasonable terms, each policy must contain a provision that the insurer will not cancel nor modify the policy without giving written notice to the insured at least 30 days before the cancellation or modification becomes effective. Not less than 15 days prior to the expiration of any policy, Developer must renew the existing policy or replace the policy with another policy conforming to the provisions of this Article. In lieu of separate policies, Page 233 of 545 16 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein. 9.2. Indemnification. 9.2.1. Developer releases and covenants and agrees that the City Parties shall not be liable for and agrees to indemnify and hold harmless the City Parties against any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in the Project constructed by Developer, except to the extent attributable to the negligence or intentional misconduct of any City Party. 9.2.2. Except to the extent of the negligence or intentional misconduct of any City Party, Developer shall indemnify the City Parties, now and forever, and further agrees to hold the aforesaid harmless from any claims, demands, suits, costs, expenses (including reasonable attorney’s fees), actions or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of Developer, or any of its owners, agents, contractors, or employees, under this Agreement or the transactions contemplated hereby, including, without limitation, the construction, installation, ownership, and operation of the Project. ARTICLE 10. OTHER DEVELOPER COVENANTS 10.1. Construction of the Project. Developer shall cause the Project to be constructed, operated and maintained in substantial accordance with the terms of this Agreement and the Phase 2 Development Contract, and all applicable Law (including, without limitation, zoning, building code and public health laws and regulations. Developer shall obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable Law that must be obtained or met before the Project may be lawfully constructed. 10.2. Cooperation with 7250 France. Developer shall reasonably cooperate with the Authority, the City and the 7250 France Developer with respect to the construction of the Phase 1 Minimum Improvements under the 7250 Redevelopment Agreement, which such cooperation shall include, without limitation, granting reasonable easements necessary or desirable in connection with Phase 1 Minimum Improvements. 10.3. Park Dedication Fees. Developer shall not request or receive any waiver or reduction of any required park dedication fees. 10.4. Developer Reimbursement Obligations. Developer shall pay all reasonable out of pocket costs of the City and the Authority in connection with this Agreement, including, but not limited, the costs and expenses of the City Consultants, the costs of the development and negotiation of this Agreement and any amendments or modifications to this Agreement, fiscal analysis, legal fees, and all other costs and expenses related thereto, including future amendments to this Agreement, and application and defense of this Agreement. 10.5. Maintenance and Operation of the Improvements. Developer shall, at all times during the term of this Agreement, not knowingly or willfully commit or suffer to be committed any waste or damage in or upon the 7200 Parcel such that the 7200 Parcel’s taxable valuation will materially decline prior to commencement of the Project and will subsequently maintain and operate the Project in a first-class manner, similar to that of other first-class, multi-use projects in the Minneapolis-Saint Paul metropolitan area, subject to ordinary were and tear, and in compliance with this Agreement and applicable Law. Page 234 of 545 17 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 Developer shall pay all of the reasonable and necessary expenses of the operation and maintenance of the Project, including all premiums for insurance insuring against loss or damage thereto and adequate insurance against liability for injury to persons or property arising from the construction of the Project as required pursuant to this Agreement. During construction of the Project, Developer shall not knowingly cause any person working in or attending the Project for any purpose, or any tenant of the Project, to be exposed to any hazardous or unsafe condition; provided that such party shall not be in Default hereunder if it has required the contractors employed to perform work on the Project to take such precautions as may be available to protect the persons in and around the Project from hazards arising from the work, and has further required each such contractor to obtain and maintain liability insurance protecting against liability to persons for injury arising from the work. The expenses of operation and maintenance of the Project shall be borne solely by Developer. 10.6. Cooperation with Litigation. Developer shall reasonably cooperate with the Authority with respect to any litigation commenced by third parties with respect to the 7200 Parcel; however, this provision does not obligate Developer to incur costs, except as otherwise provided in this Agreement or elsewhere. 10.7. Condemnation, Damage, or Destruction. In the event that title to and possession of the Project or any material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the Authority or the City) or the Project is damaged or destroyed, Developer shall, with reasonable promptness after such taking, notify the Authority as to the nature and extent of such damage or taking, as applicable. Upon receipt of any condemnation award or insurance proceeds Developer shall elect to either: (a) use the entire condemnation award or insurance proceeds to reconstruct the Project (or, in the event only a part of the Project has been taken or damaged, then to reconstruct such part) upon the remaining property to the extent necessary to maintain and continue operations of Project for its intended purpose; or (b) in the event that the condemnation affects or taking or damage or destruction affects the 7200 Parcel but not the improvements thereon, retain, for the account of Developer, all of the condemnation award or insurance proceeds. Notwithstanding anything to the contrary herein, this Section 10.7 shall be subject to the requirements of any lender(s) or investor(s) of Developer. Notwithstanding anything to the contrary herein, this Section 10.7 is subject to the requirements of any lender making a loan to the Developer. 10.8. Business Subsidy Agreement. The Authority and Developer have determined that a business subsidy agreement within the meaning of the Minnesota Business Subsidy Act, Minnesota Statutes, Sections 116J.993 through 116J.995 is not required in accordance with the exception contained in the Minnesota Business Subsidy Act, Minnesota Statutes, Section 116J.993, subd. 3(17), because Developer’s investment in the purchase of the Project and site preparation thereon is 70% or more of the assessor’s current year’s estimated market value for the Project. 10.9. Mitigation of Construction Disruption. Developer shall comply with directions set and regulations enforced by the City including but not limited to regulations enforced by Engineering, Building, Fire and Health Departments regarding on site construction activities. All construction work shall be limited to the standard hours determined by the City. Deliveries to and from the jobsite shall also occur within allowable hours. Heavy trucks must follow routes established by the City. Provision shall be made for on- site or dedicated off-site parking on private property for all workers employed on the jobsite. Employee parking is prohibited on local streets and elsewhere where prohibited by lawfully installed regulatory signs. Developer shall make best efforts to mitigate construction disruption to surrounding properties. 10.10. Certificate of Completion. Developer may notify the Authority and request a Certificate of Completion in accordance with this section. As used herein, a “Certificate of Completion” means a certificate in substantially the form attached as Exhibit L, signed by the Authorized Representative for the Authority. Developer may request a Certificate of Completion for the Project at any time after substantial Page 235 of 545 18 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 completion of the Project; provided, however, it will be a condition to the Authority’s obligation to issue the Certificate of Completion hereunder that (a) the City will have issued of a certificate of occupancy covering all elements of the Project, and (b) all conditions which are expressly stated to be conditions to the issuance of the Certificate of Completion in this Agreement shall have been satisfied. Within 30 days after receipt of such request, the Authority shall inspect the Project to determine if such Minimum Improvements have been completed in accordance with the terms and conditions of this Agreement. An example of the Authority’s Completion checklist is included as part of the form of Certificate of Completion attached as Exhibit L. Following such inspection the Authority shall either furnish Developer with (a) an appropriate, recordable Certificate of Completion or (b) a written statement, indicating in adequate detail in what respects Developer has failed to complete the relevant portion of the Minimum Improvements and what measures or acts will be necessary, in the opinion of the Authority, for Developer to take or perform in order to obtain such certification. If the Authority issues a written statement in accordance with clause (b) above, Developer shall thereafter take such actions necessary to cure such deficiencies in the applicable Project. After such deficiencies have been cured, Developer shall notify the Authority and the Authority will re-inspect the applicable Project and take one of the actions described in clauses (a) and (b) hereof, and such process will continue until the Authority issues the applicable recordable Certificate of Completion. Issuance of a Certificate of Completion by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of Developer to construct, or cause to be constructed, the Project. ARTICLE 11. TRANSFER LIMITATIONS 11.1. Limitation on Transfers. 11.1.1. Until the Authority’s issuance of the Certificate of Completion, Developer shall not sell, assign, convey, lease or transfer in any other mode or manner any of its right, title, and interest in and to this Agreement, all or any part of the 7200 Parcel, or the Project, without the express written approval of the Authority, provided that the consent of the Authority shall not be required for any of the following: 11.1.1.1 granting of a mortgage or other security interests in the 7200 Parcel and/or the Project as provided in Article 8 hereof; 11.1.1.2 collaterally assigning Developer’s rights and obligations under this Agreement to the holder of any Mortgage that is permitted under the terms of Section 8.1; 11.1.1.3 leasing the Project in the normal course of business in a manner consistent with this Agreement and the City Approvals; or 11.1.1.4 assigning this Agreement (in full, but not in part) to: (A) a Related Party of Developer, or (B) a joint venture entity in which Developer or a Related Party thereof will hold at least a ten percent (10%) ownership interest and be responsible for the day-to-day management of the Project, and a reputable, institutional investor will hold up to a ninety percent (90%) ownership interest; provided, in any case: (1) such permitted assignee party executes an agreement in a form reasonably approved by the Authority pursuant to which such permitted assignee party, as applicable, assumes and agrees to perform the obligations of Developer under this Agreement, and (2) Developer provides the Authority’s Authorized Representative with such information and documentation required by the Authority’s Authorized Representative to confirm the completion of such transfer and that the such transfer meets the requirements of this subsection. Page 236 of 545 19 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 11.1.2. If the Authority’s consent to a transfer of this Agreement, pursuant to Section 11.1.1, as applicable, is required, then the Authority shall be entitled to require, as conditions to its approval of any sale, assignment, conveyance, use or transfer of any rights, title, and interest in and to this Agreement, the 7200 Parcel or the Project that: 11.1.2.1 Any proposed transferee shall not be exempt from the payment of real estate taxes and shall have the qualifications and financial responsibility, as determined by the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by Developer; 11.1.2.2 Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records shall, for itself and its successors and assigns, and expressly for the benefit of the Authority have expressly assumed all of the obligations of Developer (or such obligations of Developer as are applicable to the portion of the Project acquired) under this Agreement and agree to be subject to all the conditions and restrictions to which Developer is subject; 11.1.2.3 Developer must submit all instruments and other legal documents involved in effecting transfer to the Authority; and 11.1.2.4 The transferee must demonstrate, in a manner satisfactory to the Authority, its ability to perform all assumed obligations in this Agreement. 11.1.3. In the absence of specific written agreement by the City and the Authority to the contrary, neither the transfer of the Project, or any portion thereof, prior to the issuance of the Certificate of Completion for the Project or the City’s or the Authority’s consent to such a transfer will relieve Developer of its obligations under this Agreement; provided, however, in the event of a transfer to a permitted assignee party under Section 11.1.1, the Authority and the City will release Developer of its obligations under this Agreement accruing after the date of such permitted transfer. 11.1.4. After the Authority’s issuance of the Certificate of Completion, Developer may freely assign or transfer this Agreement without the Authority’s or the City’s consent; provided, however, Developer must promptly notify the Authority and the City in writing of the name and contact information of the successor Developer under this Agreement and the effective date of such assignment or transfer. ARTICLE 12. EVENTS OF DEFAULT AND REMEDIES 12.1. Events of Default Defined. “Events of Default” under this Agreement include any one or more of the events listed in Sections 12.2 and 12.5. 12.2. Developer Events of Default. The following shall be Events of Default for Developer: 12.2.1. Failure to timely obtain the Certificate of Completion in accordance with this Agreement. 12.2.2. The occurrence of an Event of Default under the Phase 2 Development Contract. 12.2.3. Failure of Developer to timely pay to the Authority any amounts required to be paid by Developer hereunder within ten (10) days after receipt by Developer of written notice thereof from the Authority. Page 237 of 545 20 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 12.2.4. Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, and the continuation of such failure for a period of 30 days after written notice of such failure from the Authority; provided, however, if any such failure reasonably requires more than 30 days to cure, such failure shall not constitute an Event of Default, provided Developer promptly commenced such cure upon receipt by Developer of the written notice of the default, and with due diligence is thereafter continuously prosecutes such cure to completion and is completed within a reasonable period of time, and provided that Developer keeps the Authority informed at all times of its progress in curing the default, provided that in no event shall such additional cure period for any default extend beyond 90 days. 12.3. Authority Remedies on Developer Events of Default. Whenever any Event of Default occurs by Developer and remains uncured, the Authority may take any one or more of the following actions: 12.3.1. Suspend its performance under this Agreement (including, without limitation, refraining from making any Loan advance under this Agreement) until it receives assurances from Developer deemed reasonably adequate by the Authority, that Developer will cure the Event of Default and continue its performance under this Agreement, but Lender may make Loan advances after the happening of any such event without hereby waiving the right to refrain from making other or further Loan advances or to exercise any of the other rights Lender may have. 12.3.2. Terminate all rights of Developer under this Agreement. 12.3.3. Withhold the Certificate of Completion. 12.3.4. Withhold the Certificate of Forgiveness. 12.3.5. To declare the entire unpaid principal of the Loan and all accrued interest thereon immediately due and payable without further notice. 12.3.6. Take whatever action at law or in equity may appear necessary or desirable to the Authority to enforce performance and observance of any obligation, agreement, or covenant of Developer under this Agreement, including an action for specific performance. 12.4. City Remedies on Developer Events of Default. Whenever any Event of Default of Developer occurs and remains uncured, the City may suspend performance of its obligations under this Agreement and take whatever action at law or in equity may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of Developer under this Agreement, including an action for specific performance. 12.5. City or Authority Default; Remedies Upon Default. In the event the City or the Authority should fail to observe or perform any covenant, agreement or obligation of the City or the Authority, as applicable, on its part to be observed and performed under this Agreement and such failure continues for more than 30 days after written notice by Developer to the City or the Authority, as applicable, of such failure, Developer may take any one or more of the following actions: 12.5.1. Suspend its performance under this Agreement until it receives assurances from the City or the Authority, as applicable, deemed adequate by Developer, that the City or the Authority will cure its default and continue its performance under this Agreement. 12.5.2. In the case of a material default that is not cured within a reasonable period of time, terminate all rights of the City or the Authority, as applicable, under this Agreement. Page 238 of 545 21 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 12.5.3. Take whatever action at law or in equity may appear necessary or desirable to Developer to enforce performance and observance of any obligation, agreement, or covenant of the City or the Authority, as applicable under this Agreement, including an action for specific performance. 12.6. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City, the Authority or Developer is intended to be exclusive of any other available remedy or remedies unless otherwise expressly stated, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority, the City or Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article 12. 12.7. No Additional Waiver Implied by One Waiver. If any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 12.8. Reimbursement of Attorneys’ Fees. Whenever an Event of Default occurs and the non-defaulting party shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement under this Agreement, the defaulting party shall, within 10 days of written demand by the non-defaulting party pay to such non-defaulting party the reasonable fees of such attorneys and such other expenses so reasonably incurred by the non-defaulting party. In the event of any enforcement action hereunder following an Event of Default, the prevailing party, in addition to other relief, shall be entitled to an award of reasonable attorney’s fees and costs. The City, Authority and Developer waive their right to a jury trial on the issues of who is the prevailing party and the reasonable amount of reasonable attorneys’ fees and costs to be awarded to the prevailing party. Those issues will be decided by the trial judge upon motion by one or both parties, such motion to be decided based on the record as of the end of the jury trial augmented only by the testimony and/or affidavits from the attorneys and their staff. The parties agree that, subject to the trial judge’s discretion, the intent of this clause is to have all issues related to the award of reasonable attorneys’ fees and costs decided by the trial judge as quickly as practicable. ARTICLE 13. ADDITIONAL PROVISIONS 13.1. Term of Agreement. This Agreement shall terminate on the earlier of the date (a) a Certificate of Forgiveness is provided to Developer from the Authority, or (ii) the date this Agreement is terminated or rescinded in accordance with its terms (the “Termination Date”). 13.2. Conflicts of Interest. No member of the Board or other official of the Authority shall have any financial interest, direct or indirect, in this Agreement or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City or the Authority shall be personally liable to the City or the Authority in the event of any Default or breach by Developer of any obligations under the terms of this Agreement. Page 239 of 545 22 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 13.3. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 13.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be in writing and shall be sufficiently given or delivered if it is dispatched by reputable overnight courier, sent registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and addressed to: Developer at: France Property Partners, LLC 6550 York Avenue South, Suite 207 Edina, MN 55345 Attention: Ted Carlson With a copy to: Maslon LLP 225 South Sixth Street, Suite 2900 Minneapolis, MN 55402 Attention: Jon Septer The Authority at: Housing and Redevelopment Authority of Edina, Minnesota Attention: Executive Director 4801 West 50th Street Edina, MN 55424 with a copy to: Dorsey & Whitney LLP Attention: Jay R. Lindgren 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 The City at: City of Edina Attention: City Manager 4801 West 50th Street Edina, MN 55424 with a copy to: Dorsey & Whitney LLP Attention: Jay R. Lindgren 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this section. 13.5. Governing Law, Jurisdiction, Venue and Waiver of Trial by Jury. All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by, interpreted and determined in accordance with the laws of the state of Minnesota without regard to its conflict and choice of law provisions. Any litigation arising out of this Agreement shall be venued exclusively in Hennepin County District Court, Fourth Judicial District, state of Minnesota and shall not be removed therefrom to any other federal or state court. The Authority and Developer hereby consent to personal jurisdiction and venue in the foregoing court. The Authority and Developer hereby waive trial by jury for any litigation arising out of this Agreement. Page 240 of 545 23 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 13.6. Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable under applicable Law, the remainder of this Agreement shall not be affected thereby, and each remaining term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable Law. 13.7. Consents and Approvals. Whenever the terms “consent,” “approve,” or “approval” are used herein, they shall mean consent or approval in a party’s sole discretion, unless specifically provided otherwise. All consents or approvals must be delivered in writing in order to be effective. 13.8. Additional Documents. When reasonably requested to do so by another party, each party shall execute or cause to be executed any further documents as may be reasonably necessary or expedient and within their lawful obligation in order to consummate the transactions provided for in, and to carry out the purpose and intent of, this Agreement. 13.9. Limitation. All covenants, stipulations, promises, agreements and obligations of the Authority or Developer contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and Developer, and not of any governing body member, officer, agent, servant, manager or employee of the Authority or Developer in the individual capacity thereof. 13.10. City/Authority Approval. Unless the City Council or the Board, as applicable, determines otherwise in its discretion, all approvals and other actions required of or taken by the Authority or the City shall be effective upon action by the Authorized Representative of the Authority or City, as applicable (or in either case his/her designee), unless (a) this Agreement explicitly provides for approval by the City Council or the Board of the Authority, (b) approval by the Council or Board is required by law or (c) the approval, in the opinion of the City Manager or the Executive Director, would result in a material change in the terms of this Agreement. 13.11. Superseding Effect. This Agreement reflects the entire agreement of the parties with respect to the items covered by this Agreement, and supersedes in all respects all prior agreements of the parties, whether written or otherwise, with respect to the items covered by this Agreement. 13.12. Relationship of Parties. Nothing in this Agreement is intended, or shall be construed, to create a partnership or joint venture among or between the parties hereto, and the rights and remedies of the parties hereto shall be strictly as set forth in this Agreement. 13.13. Survival of Terms. The following Sections will survive the expiration or earlier termination of this Agreement: Section 6.2 [Minimum Assessment Requirement]; Section 9.1 [Insurance]; Section 9.2 [Indemnification]; Section 10.4 [Developer Reimbursement Obligations]; Sections 12.3 through 12.5 [Remedies on Default, etc.] to the extent of any Event of Default arising prior to such termination or expiration; Section 13.4 [Notices and Demands]; Section 13.5 [Governing Law, Jurisdiction, Venue and Waiver of Trial by Jury]; Section 13.15 [No Waiver of Governmental Immunity and Limitations on Liability]; and Section 13.17 [Limited Liability]. 13.14. Data Practices Act. Developer acknowledges that all of the data created, collected, received, stored, used, maintained, or disseminated by Developer with regard to the performance of its duties under this Agreement are subject to the requirements of Chapter 13, Minnesota Statutes. 13.15. No Waiver of Governmental Immunity and Limitations on Liability. Nothing in this Agreement shall in any way affect or impair the City’s or Authority’s immunity or the immunity of the City’s and Authority’s employees, consultants and contractors, whether on account of official immunity, Page 241 of 545 24 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 legislative immunity, statutory immunity, discretionary immunity or otherwise. Nothing in this Agreement shall in any way affect or impair the limitations on the City’s or Authority’s liability or the liability of the City’s and Authority’s employees, consultants and independent contractors. By entering into this Agreement, the Authority does not waive any rights, protections, or limitations as provided under law and equity for the Authority, or of their respective employees, consultants and contractors. 13.16. City and Authority Regulatory Authority. Nothing in this Agreement shall be construed to limit or modify the City’s or Authority’s regulatory authority on matters not involving the Loan. 13.17. Limited Liability. Notwithstanding anything to contrary provided in this Agreement, it is specifically understood and agreed, such agreement being the primary consideration for the execution of this Agreement by Developer, that (a) there should be absolutely no personal liability on the part of any director, officer, manager, member, employee or agent of Developer or the City or Authority with respect to any terms, covenants and conditions in this Agreement; (b) Developer and the Authority waive all claims, demands and causes of action against the other parties’ directors, officers, managers, members, employees and agents in any Event of Default, by either party, as the case may be, of any of the terms, covenants and conditions of this Agreement to be performed by either party; and (c) Developer and the Authority, as the case may be, shall look solely to the assets of the other party for the satisfaction of each and every applicable remedy in the Event of Default by any party, as the case may be, of any of the terms, covenants and conditions of this Agreement such exculpation of liability to be absolute and without any exception whatsoever. 13.18. Time is of the Essence. Time is of the essence of this Agreement and each and every term and condition hereof; provided, however, that if any date herein set forth for the performance of any obligations by Developer or the Authority or for the delivery of any instrument or notice as herein provided should not be on a business day, the compliance with such obligations or delivery shall be deemed acceptable on the next following business day. 13.19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 13.20. Amendments. This Agreement shall not be amended unless in writing and executed by the parties hereto. Developer shall be responsible for obtaining any necessary consent to an amendment to this Agreement from any lender to the Project, as applicable. 13.21. Inconsistent Terms. To the extent any of the terms and conditions of this Agreement and the 7250 Redevelopment Agreement with respect to the construction, financing, and/or operation of the Project are inconsistent, the terms of this Agreement shall control. 13.22. Estoppel Certificate. Each party shall, within fifteen (15) days after request from the other party hereto, deliver a written statement which may be relied upon by the requesting party, or any lender or transferee of the requesting party, setting forth (a) whether, to the best knowledge of the party providing the written statement, that the requesting party is not in default and there exists no circumstance which with the giving of notice or lapse of time, or both, would constitute a default (or if such party is aware of any such default or circumstance specifying the same); and (b) that this Agreement is unmodified and in full force and effect, or, if there have been modifications, that the same are in full force and effect as modified and identifying the modifications; (c) that all work to be performed under this Agreement or any related agreement has been performed or, if not performed, specifying the work to be performed; and (d) such other factual certifications as may be reasonably requested by the requesting party. It is intended that any such statement may be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such interest. Page 242 of 545 25 Redevelopment Agreement (7200 France Avenue) 4934-3113-0118\2 [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 243 of 545 [Signature Page to Redevelopment Agreement (7200 France Avenue)] 4934-3113-0118\2 IN WITNESS WHEREOF, the City, the Authority and Developer have caused this Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. City of Edina, Minnesota By: _________________________________________ James B. Hovland, Mayor By: _________________________________________ Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by James B. Hovland and Scott H. Neal, the Mayor and City Manager, respectively, of the City of Edina, Minnesota, on behalf of the City of Edina. ____________________________________________ Notary Public Page 244 of 545 [Signature Page to Redevelopment Agreement (7200 France Avenue)] 4934-3113-0118\2 Housing and Redevelopment Authority of Edina, Minnesota By: ______________________________ James B. Hovland, Chair By: ______________________________ James Pierce, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2024, by James B. Hovland and James Pierce, the Chair and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. ____________________________________________ Notary Public Page 245 of 545 28 4934-3113-0118\2 FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by Theodore Carlson, the President of France Property Partners, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public Page 246 of 545 A-29 4934-3113-0118\2 Exhibit A Legal Description of 7200 Parcel That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 247 of 545 30 4934-3113-0118\2 Exhibit B Non-Exhaustive List of Qualified Costs 1. Architectural Design Fees 2. Structural Design Fees 3. Civil Engineering Design Fees 4. Landscaping Design Fees 5. MEP (Mechanical, Electrical, Plumbing) Design Fees 6. Environmental Assessment Worksheet Fees 7. Environmental Site Assessment Fees (Phase I, Phase II, RAP/CCP, MPCA) 8. Demolition, Site Clean Up, Soil Corrections, Grading 9. Construction and/or Relocation of Utilities (Sanitary Sewer, Water, Storm Water, Electric, Communications) 10. Building Footings and Foundation 11. Attorney Fees 12. Loan interest and property insurance 13. Builder’s Risk and liability insurance 14. Structured parking garage construction costs 15. Other costs as approved by City Manager; provided, however, in no event shall any fees or expenses paid to the City qualify as SPARC Fund Qualified Costs Page 248 of 545 31 4934-3113-0118\2 Exhibit C Form of Note No. R-1 $4,862,458 UNITED STATES OF AMERICA STATE OF MINNESOTA FORGIVABLE NOTE FOR VALUE RECEIVED, the undersigned, France Property Partners, LLC, a Minnesota limited liability company (“Borrower”), promises to pay to the order of the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Lender”), on or before December 31, 2027 (the “Maturity Date”, such date being the Completion Deadline under the Loan Agreement), the sum of $4,862,458.00, or so much as is advanced by Lender to, or for the benefit of, Borrower pursuant to that certain Redevelopment Agreement (7200 France), dated of even date herewith, as the same may be amended from time to time (the “Loan Agreement”), together with interest on the unpaid principal balance from time to time outstanding from the date of this Forgivable Note (this “Note”). Terms used herein but not otherwise defined, shall have the meaning attributed to them in the Loan Agreement. 1. This Note is subject to forgiveness by Lender in accordance with the terms and conditions of the Loan Agreement. If, as of the Maturity Date, Lender has not issued a Certificate of Forgiveness in accordance with the Loan Agreement, the unpaid principal balance of this Note, together with any accrued but unpaid interest, shall be immediately due and payable in full on the Maturity Date. 2. This Note shall bear no interest; provided, however, that after maturity, whether by acceleration, the passage of time or otherwise, and during the continuance of an Event of Default under the Loan Agreement, the outstanding principal balance of this Note and accrued, unpaid interest shall bear interest at the rate which is six percent (6.0%) per annum until paid in full. Interest shall be calculated based on the actual number of days in a month over a year of 360 days. 3. All such interest and principal payments, if any, shall be made by Borrower in immediately available funds and without notice, demand or offset. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to Lender and mailed to Lender at the postal address within the United States designated from time to time by Lender. 4. The principal balance of this Note may from time to time be prepaid, at the option of Borrower, in whole or in part without penalty under this Note. 5. All payments and prepayments, at the option to Lender, shall be applied first to any costsof collection, second to any late charges, third to accrued interest on this Note, if any, and lastly to principal. 6. The occurrence of an Event of Default, as defined in the Loan Agreement, shall constitute an Event of Default hereunder (hereinafter referred to as an “Event of Default”). Upon the occurrence of an Event of Default, Lender may take exercise all of its rights and remedies under the Loan Agreement, including, without limitation, declaring the outstanding unpaid principal balance of this Note, the accrued and any unpaid interest thereon, and all other obligations of Borrower to Lender to be forthwith due and Page 249 of 545 32 4934-3113-0118\2 payable. Failure to exercise any right or remedy provided for or referenced herein shall not constitute a waiver of the right to exercise the same in connection with the applicable Event of Default or any subsequent Event of Default. 7. Borrower and all others who may become liable for the payment of all or any part of the debt under this Note do hereby severally waive presentment and demand for payment, notice of dishonor, notice of intention to accelerate, notice of acceleration, protest and notice of protest and non-payment and all other notices of any kind. No release of any security for this Note or extension of time for payment of this Note or any installment hereof, and no alteration, amendment or waiver of any provision of this Note or the Loan Agreement made by agreement between Lender or any other person shall release, modify, amend, waive, extend, change, discharge, terminate or affect the liability of Borrower or any other person who may become liable for the payment of all or any part of the debt under this Note or the Loan Agreement. No notice to or demand on Borrower shall be deemed to be a waiver of the obligation of Borrower or of the right of Lender to take further action without further notice or demand as provided for in this Note or the Loan Agreement. 8. Borrower agrees that if, and as often as, this Note is placed in the hands of an attorney for collection or to defend or enforce any of Lender’s rights hereunder or under the Loan following the occurrence of an Event of Default that remains uncured, Borrower will pay to Lender its reasonable attorneys’ fees and all court costs (including reasonable attorneys’ fees and court costs prior to trial, at trial and on appeal, or in any bankruptcy proceeding) and other reasonable expenses incurred in connection therewith. 9. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the choice of law provisions thereof. 10. The authority for Lender to transfer or loan unobligated incremental property taxes under the Act (as the same have been allocated to the SPARC Fund) expires on December 31, 2025 (the “SPARC Expiration Date”) and all such transferred increments must be spent by such SPARC Expiration Date. As such, as provided in the Loan Agreement (a) no Disbursement Request may be submitted to the Authority later than December 1, 2025 in order for the Authority to approve all Loan advances and pay the corresponding Qualified Costs before the SPARC Expiration Date and (b) to minimize the amount of increment that Lender would be require to “return” under the Act, if the Loan is not fully forgiven as provided in the Loan Agreement, any amounts paid or repaid to Lender by Borrower shall be from sources of funds of Borrower other than the loaned unobligated incremental property taxes from the SPARC Fund. IN WITNESS WHEREOF, Borrower has caused this Note to be executed by Borrower as of _________________, 2025. FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President Page 250 of 545 33 4934-3113-0118\2 Exhibit D Sample Pro Forma Page 251 of 545 34 4934-3113-0118\2 Page 252 of 545 35 4934-3113-0118\2 Exhibit E Certificate of Forgiveness WHEREAS, France Property Partners, LLC, a Minnesota limited liability company (the “Borrower”), is the owner of property in the County of Hennepin and State of Minnesota described on Exhibit A hereto and made a part hereof (the “Property”); and WHEREAS, the Property (as described in Exhibit A) is subject to the provisions of a certain Redevelopment Agreement (7200 France Avenue) (the “Agreement”), dated as of _______________, 2025, between Borrower, the Housing and Redevelopment Authority of Edina, Minnesota (the “Authority”), and the City of Edina, Minnesota; and WHEREAS, pursuant the Agreement, the Authority provided a Loan to Borrower evidenced by a certain Note (as such terms are defined in the Agreement); and WHEREAS, Borrower has fully and duly performed all of the covenants and conditions of Borrower under the Agreement with respect to the Project and the Loan. NOW, THEREFORE, it is hereby certified that all requirements of Borrower under the Agreement with respect to the Project and Loan have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the Loan, and the Loan is hereby fully forgiven and satisfied; and FURTHER, enclosed herewith is the original Note executed by Borrower. Dated this ____ day of ____________, 20__. Housing and Redevelopment Authority of Edina, Minnesota By: __________________________________ Chair By: __________________________________ Secretary Page 253 of 545 36 4934-3113-0118\2 Exhibit A Legal Description That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 254 of 545 37 4934-3113-0118\2 Exhibit F Inclusionary Housing Policy Program Guide Page 255 of 545 Affordable Housing Program Policy Guide October 2024 Page 256 of 545 Table of Contents Organizational Structure and Mission Statement ............................................ 4 Introduction to the Affordable Multi-Family Housing Program (AHP) ............. 4 Chapter 1 – Overview of Affordable Housing Program Policy (general) ............ 6 1.1 Period of Affordability (POA) .................................................................................................................... 6 1.2 Affordable Housing Units (AHUs) ............................................................................................................. 6 Affordability Standards – Rental Projects ...................................................................................... 6 Affordability Standards – For Sale Projects .................................................................................... 6 1.3 Income Certification ................................................................................................................................. 7 1.4 Property Standards .................................................................................................................................. 7 1.5 Affirmative Fair Housing Marketing Plan ................................................................................................ 7 1.6 Record Retention ..................................................................................................................................... 7 Chapter 2 –Overview of Affordable Housing Program Policy (rental) ................ 8 2.1 Student Households.................................................................................................................................. 8 2.2 New Multi-Family Affordable Housing Program (AHP) Rent Limits .......................................................... 8 2.3 Rental Assistance ..................................................................................................................................... 8 2.4 Allowable Fees and Charges ..................................................................................................................... 8 2.5 Fixed or Floating Affordable Dwelling Units ............................................................................................. 9 2.6 Rent Increases .......................................................................................................................................... 9 2.7 Utility Allowances ..................................................................................................................................... 9 2.8 Leases ..................................................................................................................................................... 11 2.9 Minimum Lease Requirements ............................................................................................................... 11 2.10 Increases in Income ................................................................................................................................ 12 2.11 Fair Lease and Grievance Procedures ..................................................................................................... 13 2.12 Change in Household Composition ......................................................................................................... 13 2.13 Tenant Selection Plan ............................................................................................................................. 13 2.14 Number of Persons Per Unit ................................................................................................................... 13 Chapter 3 – Maintaining the Unit Mix (rental) ................................................ 14 3.1 Fixed Affordable Dwelling Units ................................................................................................................. 14 3.2 Floating Affordable Dwelling Units............................................................................................................. 14 Chapter 4 –Overview of Affordable Housing Program Policy (ownership) ...... 15 4.1 Ownership Income Eligibility .................................................................................................................. 15 4.2 Responsible Lending Policy ..................................................................................................................... 15 4.3 Resale to Another Low-Income Buyer During Period of Affordability ..................................................... 15 Chapter 5 – General Occupancy Guidelines .................................................... 16 5.1 Qualification of Applicants ..................................................................................................................... 16 5.2 Eligibility Determination ........................................................................................................................ 17 5.3 House Rules ............................................................................................................................................ 17 Page 257 of 545 5.4 Government Data Practices Act Disclosure Statement Form .................................................................. 17 Chapter 6 – Income Verification ..................................................................... 18 6.1 Income Verification ................................................................................................................................ 18 6.2 Gross Annual Household Income ............................................................................................................ 18 6.3 Factors that Affect Household Size ......................................................................................................... 18 6.4 General Income Verification Requirements ............................................................................................ 20 6.5 Corrections to Documents ...................................................................................................................... 21 6.6 Effective Term of Verifications................................................................................................................ 21 6.7 Over Income Households ........................................................................................................................ 22 6.8 Annual Recertification ............................................................................................................................ 22 6.9 Tenant/Buyer Files .................................................................................................................................. 22 Chapter 7 – Reporting Requirements ............................................................. 24 7.1 Annual Owner/Agent Certifications ....................................................................................................... 24 7.2 Compliance Reports ............................................................................................................................... 24 7.3 Utility Allowance Source Document ....................................................................................................... 24 Chapter 8 – Compliance Inspections ............................................................... 25 8.1 Physical Inspections ................................................................................................................................ 25 8.2 Review of Tenant Files and Property Records......................................................................................... 25 Chapter 9 – Correction and Consequences of Non-Compliance ...................... 26 9.1 Notice to Owner/Agent .......................................................................................................................... 26 9.2 Correction Period.................................................................................................................................... 26 9.2 Owner’s/Agent’s Response .................................................................................................................... 26 Chapter 7 – Requests for Action ..................................................................... 27 10.1 Sale or Transfer ...................................................................................................................................... 27 Page 258 of 545 4 Organization Structure and Mission Statement The City of Edina’s mission is “to provide effective and valued public services, maintain a sound public infrastructure, offer premier public facilities and guide the development and redevelopment of lands, all in a manner that sustains and improves the health and uncommonly high quality of life enjoyed by our residents and businesses.” The City’s values of race & equity, health in all policies, sustainability, and community engagement informs decisions, including the preservation and creation of affordable housing. The City Council adopted the goal of creating 1804 new affordable housing units in the 2030 Comprehensive Plan. Edina’s Affordable Housing Division is within the Community Development Department. The Division oversee the creation of new multi-family and single family ownership and rental housing, and programs to serve income eligible Edina residents to help them remain into their homes. Financing is consistent with the City’s values. Introduction to the Affordable Multi-Family Housing Program (AHP) Properties developed using financing from the City of Edina, or in adherence our New Multi-Family Affordable Housing policy (“Affordable Housing Policy” or AHP), are subject to specific rules designed to ensure that affordability pledges made by owners and developers remain available to very low and low income rental tenants (30% to 60% of Area Median Income (AMI)) or homeowners (70% to 100% of AMI) throughout the required Period of Affordability (the POA). This Guide is designed to assist owners and their agents with planning and maintaining compliance with the local requirements associated with these rental and ownership properties that include affordable units. This guide does not pertain to the Market Rate units. It is the responsibility of City of Edina Housing and Redevelopment Authority (hereafter the “HRA”) to monitor the continuing compliance of affordable units in accordance with local policy and governing agreements throughout the POA. The following procedures apply to all rental and ownership properties that received funds or a Planned Unit Development (PUD) under the Affordable Housing Policy. Any violation of the AHP requirements could constitute a covenant default of the governing agreement(s) and imposition of all local government rights and remedies. While successful operation of an affordable property is management intensive, the owner/agent is responsible for ensuring that the governing agreement requirements are properly administered. Thorough understanding of requirements and compliance monitoring procedures requires training of owners/agents. The owner/agent should ensure that it knows and understands the requirements of the affordable housing policy and the compliance requirements since failure to comply may have very serious consequences. The HRA recommends that owners, management agents, site managers, and for multi-family ownership development the governing Board (collectively referred to as “owner/agent” throughout this document) receive compliance training before certifying or leasing any affordable units. At a minimum, training should cover key compliance terms, determination of rents (as applicable), household eligibility, file documentation, procedures for maintaining the required unit mix and reporting. Record retention and property condition standards are also key to maintaining compliance. Attending educational opportunities as offered is strongly recommended to keep up with any procedural changes to the AHP. Should the AHP assisted property also receive an allocation of Section 42 tax credits (Low Income Housing Tax Credits or LIHTC), and the property is found to be compliant with the tax credit program, then the HRA will consider the property compliant with the AHP. Owners/Agents of AHP assisted properties must annually certify to the HRA that the property is compliant with the Low Income Housing Tax Credit program. The HRA’s determination to monitor the project for compliance with requirements of the AHP does not make it liable for an owner’s/agent's noncompliance. This Guide will be made available to the owner/agent at project financial closing and will be posted on the City’s website. The HRA, in its sole discretion, may delegate its compliance reporting and monitoring responsibilities to a third-party. AHP assisted properties will have a compliance review of all assisted Page 259 of 545 5 units at initial lease up and every third (3rd) year thereafter. However, the HRA reserves the right to conduct a compliance review annually. Annual reviews may be conducted for new move-ins at turnover. During the compliance review, the HRA or third-party monitoring agent, will ensure compliance against City Agreements by inspecting records of residential student status, income and asset documentation, and rent record for each resident household for all project’s AHP assisted units. The first review for new projects will occur no later than the end of the second year of the period of affordability. Hold Harmless. The selected Applicant shall agree to defend, indemnify and hold the City harmless from any and all claims or lawsuits that may arise from the Applicant’s activities under the provisions of the redevelopment contract, that are attributable to the acts or omissions, including breach of specific contractual duties of the Applicant or the Applicant’s independent contractors, agents, employees or officers. Page 260 of 545 6 Chapter 1 – Overview of Affordable Housing Program Policy (general) The following is an overview the Affordable Housing Policy. It is not intended to be detailed or comprehensive. The requirements of the AHP apply to market rate residential developments that receive a PUD approval from the City of Edina and/or financial assistance from the HRA. This includes new developments and mixed-used developments that create twenty (20) or more multi-family dwelling units and/or any change in use of all or part of an existing building from a non-residential use to a residential use that includes at least twenty (20) dwelling units. Not every section will apply to both rental and ownership housing. Owner/agent need only to comply with applicable sections. 1.1 Period of Affordability (POA) Affordable units created under the Affordable Housing Policy (AHP) are rent and income controlled for a minimum of 20 years with no financing or 30-years with City funding assistance with a maximum established by the funding source and reflected in the binding agreement. This term is referred to as the Period of Affordability or POA. Owners/agents should refer to the property’s governing agreements, at project commitment, to determine the specific terms and conditions that govern the property. Project Commitment is a schedule of commitments within the project’s Financing Agreement(s) between the parties hereto, such as the authorizing Resolution, Development Agreement and/or Loan Documents, dated as of the Execution Date and their related agreements. 1.2 Affordable Housing Units (AHUs) At least ten percent (10%) to twenty percent (20%) of the total number of dwelling units in a development receiving a PUD and/or assisted with local funds under the AHP will be designated as Affordable Housing Units (AHUs). The percentage applied is based on the affordability standard of the development. Affordability Standards – Rental Projects If an AHP property also is assisted with Low Income Housing Tax Credits (LIHTC), the AHP Affordability Standard is based on the LIHTC election (Income Averaging, 20/50 or 40/60 set aside). If an AHP property is NOT assisted with LIHTC, then the HRA together with the owner will determine which affordability standard applies. The legal document executed with the HRA determines the standard. 10% at 50%: At least ten percent (10%) of total units developed shall be occupied by households at or below fifty percent (50%) of the MTSP (Multifamily Tax Subsidy Income Limits, i.e., tax credit income limits). 20% at 60%: At least twenty percent (20%) of total units developed shall be occupied by households at or below sixty percent (60%) of the MTSP. Affordability Standards – For Sale Projects At least ten percent (10%) of total units developed shall be affordable for households at or below 80% of the MTSP at the time of purchase. 2024 Level: Family Income Level Affordable Home Price 80% AMI ($97,800) $290,300 Page 261 of 545 7 *Adjusted annually by Metropolitan Council as posted on their website https://metrocouncil.org/Housing/Planning/Affordable-Housing-Measures/Ownership-and-Rent-Affordability- Limits.aspx. 1.3 Income Certification The owner/agent must verify and certify tenant income eligibility and student status at move in and recertify at least annually thereafter for the rental units, or upon repurchase of the ownership units. When first being determined eligible for an AHU and in every 3rd year of the affordability period (not tenancy) for rental units, household composition, income and income from assets must be verified via third-party verification or other forms of supporting documentation and kept in the tenant’s file. In other years, tenants/owners must, at a minimum, self-certify to their anticipated income (including income from assets), family size, and composition. As part of the monitoring process, all tenant files will be reviewed at initial occupancy of the project and every 3rd year thereafter. In between, AHU tenant files shall be reviewed for initial tenancy and/or unit turnover or when requested by the City. 1.4 Property Standards The owner/agent must keep all units in compliance with local codes and other applicable state and local building codes to ensure the units are decent, safe, and sanitary at all times. 1.5 Affirmative Fair Housing Marketing Plan Owners/agents must adhere to Equal Opportunity, Affirmative Marketing, and Fair Housing practices in all marketing efforts, eligibility determinations and other transactions. The Equal Housing Opportunity logo or statement must be used in all advertising of vacant units (We do business in accordance with the Federal Fair Housing Law. It is illegal to discriminate against any person because of race, color, religion, sex, handicap, familial status, or national origin). In addition to the federal protections mentioned above, the Minnesota Human Rights Act makes it illegal to discriminate against any person with respect to housing and real property, because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation or familial status. A file must be maintained with all marketing efforts related to the property including newspaper ads, social service contacts, photos of signs posted, etc. Records will be reviewed during on site monitoring to ensure that all efforts follow federal requirements and are being adequately documented. 1.6 Record Retention Owners/agents must retain each household’s initial application forms including household income and asset documentation and lease and leasing agreements/addenda for three (3) years after the tenant’s move out effective date. Owners/agents must maintain applicant and tenant information in a way to ensure confidentiality. Any applicant or tenant affected by negligent disclosure or improper use of information may bring a civil action for damages against the owner/agent and seek other relief, as appropriate. Owners/agents must dispose of records in a manner that will prevent any unauthorized access to personal information, e.g., burn, pulverize, shred, etc. Page 262 of 545 8 Chapter 2 - Overview of Affordable Housing Program Policy (rental) 2.1 Student Households AHP adopted the Section 8 Housing Choice Voucher program restrictions on student participation found at 24 CFR 5.612 and excludes any individual that: 1. Is enrolled in a higher education institution; AND 2. Is under the age of 24; and 3. Is not a veteran of the US Military; and 4. Is not married*; and 5. Does not have a dependent child(ren); and 6. Is not a person with disabilities; and 7. Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible on the basis of income * Effective August 1, 2013, same-sex marriages are recognized as marriages for student eligibility purposes. 2.2 New Multi-Family Affordable Housing Program (AHP) Rent Limits Every AHU is subject to maximum allowable rents based on bedroom size for the area in which the property is located. These maximum rents are referred to as the AHP rents. These limits represent the maximum that owners/agents can charge for rent, including an allowance for tenant paid utilities, and other non-optional charges (i.e., parking, required renter’s insurance, etc.). The U.S. Department of Housing and Urban Development annually publishes median income amounts for all Minnesota counties. Minnesota Housing uses these amounts to calculate the maximum allowable rents and tenant incomes. Minnesota Housing publishes the LIHTC income and rent limits tables on its website and notifies owners/agents of the updated limits as they become available. According to AHP, the date the final Certificate of Occupancy is issued to a building will determine which rent and income limits table the project uses. The HRA will notify owner/agent of published limits and will provide guidance on limits table to be used by the project. To avoid noncompliance, be sure you are using the correct limits table. In the event AHP rent limits decrease for an area, or utility allowances increase, an owner/agent may be required to reduce the rent charged but will not be required to lower rents below those in effect at the time when the Development Agreement was signed by the City. 2.3 Rental Assistance Tenant Based Section 8 Housing Choice Vouchers: Tenants receiving rental assistance, including Section 8 subsidy, must not be refused tenancy in an AHU based solely on the fact that they receive rental assistance. For eligibility purposes, the tenant selection plan must indicate that household income does not need to equal at least two times the unit rent (or any variation thereof) as long as the published Payment Standard subsidy can cover the project’s intended rent. The HRA annually publishes Payment Standards (a rent limit for using a Section 8 Housing Choice Voucher). Payment standards are set by each housing authority. They differ for bedroom size and property location. Project Based Rental Assistance: If rental assistance is project based, AHUs may be allowed to collect a contract rent that exceeds the applicable rent limit if certain conditions are met; the household’s annual income is at or below 50% Page 263 of 545 9 AMI AND the total housing payment (tenant portion + UA + non-optional charges) is no more than 30% of its monthly adjusted income. 2.4 Allowable Fees and Charges Fees considered reasonable and customary may be charged, such as application fee, if such fees are customary for rental housing in the neighborhood. Fees for parking or services such as bus transportation or meals can only be charged if the services are voluntary and are not a condition of occupancy. An eligible tenant cannot be charged a fee for the owner or manager’s work involved in completing the additional forms or documentation required for the AHP, such as the Resident Income Certification. Down payment fees/rent deposit for the AHU should not exceed one month’s rent. 2.5 Fixed or Floating Affordable Dwelling Units AHUs may be “Fixed” or “Floating” and are designated on a property-by-property basis. The enforcement agreement must contain Fixed or Floating unit designations. Fixed Units – The AHUs are identified by unit number and never change. Development Agreements may outline a specific quantity of bedroom sizes and square footage, including minimum floor space, when considering the placement of AHUs within the project. Units in properties where all units are AHUs automatically are considered fixed. If units throughout a project are not comparable (as defined by the HRA) or are in several scattered sites, the AHU unit designation must be fixed. Floating Units – The AHUs may change over time as long as the total number of AHUs and specific quantity of bedroom sizes or AHU total square footage in the property remains compliant with the original Development Agreement. If a property’s enforcement agreement does not specify floating units, then the units that were initially designated as AHUs at project completion will be used to determine comparable floating units. See Chapter 3, Maintaining the Unit Mix, for more information. 2.6 Rent Increases If AHU rents remain below the maximum allowed, an owner/agent may impose a rent increase as allowed by the enforcement agreement no earlier than one year from the date the project started its restriction period (date the building Certificate of Occupancy was issued) and no more frequently than once a year thereafter. If an owner/agent wishes to increase rents, the request must be within reasonable limits to cover increases in expenses such as real estate taxes or operating expenses. At no time can proposed rent increases exceed the current MTSP (LIHTC rents) rent limits for that development. If the owner/agent increases rents as provided above, tenants must be given a written notice 90 days in advance or in accordance with lease provisions before implementation. 2.7 Utility Allowances The AHP requires that an allowance for tenant paid utilities be considered as a housing cost to the tenant and be factored in when determining rent for an AHU. The HRA approved the use of Metro HRA’s Utility Allowance Schedule (effective 2/1/24 and amended annually) as the document to use to determine an AHU’s utility allowance. Utility allowance schedules are usually updated annually. It is the owner’s/agent’s responsibility to obtain an updated utility allowance and retain it in the property records. Changes in utility allowances must be implemented within 90 days of the publication effective date. If an increase in the utility allowance causes the AHU rent to exceed the applicable AHP Page 264 of 545 10 rent limit, the unit rent must be adjusted (lowered) to bring the gross rent of the unit into compliance with the AHP rent limits. However, at no time will the AHU rent be adjusted to an amount lower than the AHU rent in place at project commitment. An alternative estimate for utility payments may be used, as allowed by Section 42 and approved by the City. Utility allowance methodology change requests and all supporting documentation must be emailed to the Affordable Housing Development Manager at the City for approval. Requests for a change in the property's established utility allowance methodology, to one of the approved utility allowance methodologies should reflect savings from energy efficiency improvements in a manner that is fair to tenants, financially feasible for owners and reduces long-term public subsidy expenditures. General Submission Requirements Each request for a change in utility allowance methodology must include: 1. Cover letter with the current utility allowance and proposed utility methodology 2. A current utility allowance schedule (i.e. local Metro HRA Utility chart) completed with tenant paid utilities 3. Copy of 90-day Notice to the resident including new Utility Allowance and Tenant Rent 4. Utility Allowance Certification, signed and dated 5. Supporting documentation as required (estimate from a properly licensed engineer for example) Allowable Utility Allowance Methodologies The property owner may request to use one or more of the following utility allowance methodologies that meets the AHP requirements. If the project has multiple funding sources, the rents must comply with the program gross rent limits for each program. If the project also has Section 8 Project Based Assistance, the PBA administrator determines the UA schedule for the unit. 1. PHA Utility Method: The local PHA utility allowance for the voucher program. This is the typical current method of establishing Utility Allowances used by most Section 42 LIHTC projects. Owners may request consideration of a different utility allowance methodology from the following alternatives: 2. HUD Utility Schedule Model (HUSM): An estimate calculated via HUD’s online Utility Schedule Model, using recent utility rates. The HUSM enables users to calculate utility schedules using a project specific methodology by entering the property housing type, and utility rate information (tariffs) for the property location. This model is based on climate and survey information from the U. S. Energy Information Administration of the Department of Energy and it incorporates energy efficiency and Energy Star data. The HUSM (web based and Excel format) and use instructions can be accessed on HUD’s Website. 3. Utility Company Estimate (UCE): An estimate from a local utility company providing the estimated cost of utilities for a unit of similar size and construction for the project or from the geographic area where the project is located. 4. Energy Consumption or Engineered Model (ECM): An estimate from a properly licensed engineer, or qualified professional, using an energy consumption model that takes into account the unit size, building orientation, design and materials, mechanical systems, appliances and characteristics of the building location. If the ECM report is completed by a qualified professional that is not a properly licensed engineer, the request must include additional information to support the qualifications and experience of the qualified professional in providing energy consumption utility allowance reports. The engineer or qualified professional must be licensed in Minnesota. If the property is regulated by HUD, or another form of project-based subsidy, the program-approved utility allowance may be used. Page 265 of 545 11 2.8 Leases Each lease must include the legal name(s) of the parties to the agreement and all other occupants, a description of the unit to be rented (address), the term of the lease, the rental amount, the use of the premises, and the rights and obligations of each party. The lease shall also inform the tenant that fraudulent statements and information are grounds for eviction and that the tenant could become subject to penalties available under federal law. Initial leases for AHUs must be for 12 months unless another term is agreed to mutually by owner/agent and tenant. If tenant agrees to a shorter term, that agreement must be in writing and kept in the tenant’s file. At no time can a lease term be for less than 30 days. AHU leases must contain language that the owner/agent reserves the right to adjust tenant rents in accordance with the AHP rent limits and/or in the event a tenant’s income increases above the income limits of the AHP. The lease also must contain a provision that the owner/agent retains the right to recertify the tenant’s income and household composition on an annual basis. The tenant’s failure to cooperate with the annual recertification constitutes a violation of the lease. If the lease used for the AHU unit does not contain any of the required provisions and/or contains any prohibited provisions, an AHP Lease Addendum must be signed by the tenant and kept in the tenant’s file. If a new lease is executed, a new AHP Lease Addendum also must be executed. Prohibited lease terms are defined in the AHP Lease Addendum. Owner/Agent may not evict or terminate resident (including refusal to renew a lease) without good cause. Good cause is (a) serious or repeated violation(s) of the material terms and conditions of the Resident Lease. Use of the AHP Lease Addendum including the AHP Lease Rider outlining provisions on evictions and terminations is mandatory. During the final year of the POA, new leases for the Affordable Units must be for a term of no less than six months, and such newly leased Affordable Units will be subject to all the Affordable Housing Requirements until the expiration of such new leases. An AHP Lease Addendum is not required when the HUD model lease for subsidized housing is used. 2.9 Minimum Lease Requirements Initial tenant leases, including a signed and dated AHP lease addendum (if applicable), must be on file and must specify a term of at least 12 months. Subsequent leases may have a shorter term, with written mutual agreement. Leases must not contain any of the prohibited lease terms. Any non-renewal or termination of leases must be in accordance with the lease and/or AHP lease addendum. Owners/agents must comply with the lease requirements found in Section 601 of the Violence Against Women Reauthorization Act (VAWA) of 2013. HRA highly encourages owners/agents to use the VAWA Lease Addendum, form HUD-91067 or its successor VAWA Lease Addendum form. In general, owner/agent may not construe an incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking as a serious or repeated violation of a lease term by the victim, or threatened victim, as good cause for terminating tenancy. However, in accordance with VAWA 2013, owner/agent may bifurcate a lease to terminate the tenancy of an individual who is a tenant or lawful occupant and engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against another lawful occupant living in the unit or other affiliated individual as defined in the VAWA 2013. Owner/Agent should include a copy of HUD-5382 form with each tenancy termination or eviction notice to allow an Page 266 of 545 12 individual to certify that he or she is a victim of domestic violence, dating violence, sexual assault or stalking. The form is to be completed and submitted to owner/agent within 14 business days or an agreed upon extension date for the individual to receive protection under the VAWA. 2.10 Increases in Income The owner/agent must ensure that any household whose anticipated gross income exceeds 140% of the maximum income limit at recertification pays not less than the market or similar rent as the other non-AHUs in the development. A minimum notice of 60 days is required for increases to tenant rent. The unit must be marketed to eligible tenants when vacated. If the units are floating, the rent is increased, and the next available unit must be rented at affordable rates to an income eligible tenant. Conversely, the tenant whose income increase to above 140% of AMI could be relocated to a Market Rate unit if the affordable units are fixed. For units assisted with both AHP funds and Low Income Housing Tax Credits (LIHTC), a tenant is not considered over income until income exceeds the applicable 140% LIHTC limit. When a tenant’s income exceeds the 140% LIHTC limit, the tenant’s rent is adjusted to the LIHTC rent limit if the project is 100% LIHTC or, if the project is mixed income, to the market rent for similar non-AHUs in the property. When recertifying a tenant’s income, an owner/agent may find that the tenant’s income has increased. A tenant is considered “over income” when: • The tenant occupies an AHU and the tenant income increases over the current AHP income limit (140% AMI) for that family size; or • In AHUs that are also LIHTC units, a tenant is considered “over income” when its income increases to 140% or more of the qualifying tax credit election (50% or 60%) for that unit. When a tenant is over income, the unit that the tenant occupies is considered temporarily out of compliance with the AHP’s unit mix requirements. Temporary noncompliance due to an increase in an existing tenant’s income is permissible if the owner/agent takes specific steps to restore the required unit mix in the property. The rents of the over income tenants can be adjusted. When redesignating units in a property with floating AHUs, owner/agent can choose to substitute a unit that is equal or “greater” than the original AHU, but generally they cannot substitute one that is “lesser”. A lesser unit can be substituted only when doing so preserves the original unit mix. A greater unit is one that might be considered preferable because of larger size or additional bedrooms. The goal is to maintain the same number and type of AHUs as were designated originally. Therefore, if an owner/agent makes a substitution that is “greater,” it later can substitute an available unit that is “lesser” to restore the original unit mix. Once a comparable non-AHU unit is designated as the new AHU, the unit with the over income tenant is redesignated as a non-AHU or market rate unit. At this point, the owner/agent may adjust the tenant’s rent without regard to the AHP rent requirements (although requirements from other funding sources still may apply). Rent increases are subject to the terms of the lease. Note, a tenant in a floating AHU whose income exceeds AHP income limit is not required to pay more than the market rent for a comparable, unassisted unit in the property. The owner/agent cannot terminate the lease based on the tenant’s increase in income. Page 267 of 545 13 2.11 Fair Lease and Grievance Procedures Fair lease and grievance procedures should be objective. They should clearly state: • To whom a tenant should direct a complaint; • Who will investigate and/or respond to the complaint; and • By when the tenant should expect to receive a response. 2.12 Change in Household Composition If a tenant in an AHU (no LIHTC) wishes to have an additional person move into the unit within the first 6 months of occupancy, the following steps must be taken: 1. The prospective tenant must complete a Household Questionnaire and allow time for verification of income and assets as required of the initial tenant; and 2. The prospective tenant's income must be added to the current tenant's certification and a determination made as to whether the new household is still within the AHP income guidelines. If the new household income exceeds the guidelines, then once proper notice is given, the tenant must pay the market rate. If the AHU is floating, the AHU designation must be floated to another eligible unit. The new rent of the now over income household cannot exceed market rent for a comparable unassisted unit. The tenant file shall also be documented when any household member vacates the unit. 2.13 Tenant Selection Plan Owner/Agent must develop a formal written policy that clearly states the procedures and criteria the owner/agent will consistently apply in drawing applicants from the waiting list, screening for suitability for tenancy, and implementing income targeting requirements. The Tenant Selection Plan must state if there is an elderly restriction (“seniors only” building). In accordance with the VAWA of 2013, the selection criteria cannot deny admission on the basis that the applicant has been a victim of domestic violence, dating violence, sexual assault or stalking. Owner/Agent should provide to each applicant/tenant HUD form 5382or its successor form to allow the applicant/tenant to provide information regarding his or her status as a victim of domestic violence, dating violence or stalking. Owners/agents may refer to the HUD Handbook 4350.3 REV 1, Change 4, Chapter 4, when developing a tenant selection plan. HRA will review the Tenant Selection Plan as part of its monitoring process. 2.14 Number of Persons Per Unit There is no federal regulation governing the number of persons allowed to occupy a unit based on size; however, at initial occupancy AHUs will have a minimum requirement of at least one person per bedroom. It is important, though, to be consistent when accepting or rejecting applications. It is required that the owner/agent determine the minimum and maximum number of people that will be allowed to occupy each size unit and put that formula in writing as part of the Tenant Selection Plan and submit the Plan to the HRA or designated agent for approval. The owner/agent may refer to the HUD Handbook 4350.3 REV 1, Change 4, Chapter 3-23, regarding occupancy standards. By following the standards described, owners/agents can ensure that applicants and tenants are housed in appropriately sized units in a fair and consistent manner. Page 268 of 545 14 Chapter 3 – Maintaining the Unit Mix (rental) 3.1 Fixed Affordable Dwelling Units Properties with units that are not comparable in terms of size, amenities and features must have Fixed AHUs. Fixed AHUs means specific units are designated as the AHUs for the duration of the affordability period. Owner/Agent must maintain these specific units as the AHUs. Maintaining the required number of AHUs, is called complying with the unit mix requirements. At no time will non- AHUs be subject to AHP rent and income requirements when the AHUs are fixed. When an owner/agent recertifies a tenant’s income, the tenant’s income may have increased. A tenant is considered “over income” in the AHP when: • The tenant occupies an AHU and the tenant income increases to 140% of the current income limit for that family size; or • For AHUs that are also LIHTC units, a tenant is considered “over income” when its income goes over 140% of the qualifying tax credit election (Average Income, 50% or 60%) for that unit. When a tenant is over income, the unit that the tenant occupies is considered temporarily out of compliance with the AHP’s occupancy and unit mix requirements. Temporary noncompliance due to an increase in an existing tenant’s income is permissible if the owner/agent takes specific steps to restore the correct unit mix in the property as soon as possible. When the tenant’s income exceeds the AHP’s income limit (140%), the unit rent also must be adjusted. The owner/agent cannot terminate the lease immediately if the tenant’s income has increased above the AHP income limit. Instead, the owner/agent may extend /renew the lease for up to six months. If the tenant remains over income at the time of the next recertification, a 60-day notice to vacate may be issued to the tenant. If the tenant is determined to be under the AHP income limit at the time of recertification, the unit is considered back in compliance. 3.2 Floating Affordable Dwelling Units Properties with units that are comparable in terms of size, amenities and features can have Floating AHUs. Properties with floating AHUs must maintain the required number of AHUs throughout the POA; however, the initial AHUs do not have to remain as AHUs throughout the POA. When AHUs float, the specific units that carry the AHU designation may change, or float, among assisted and non- assisted units during the POA. If/when an initial AHU goes out of compliance due to a tenant’s income going over the AHP (or LIHTC) income limit, a non-AHU can replace the out of compliance AHU if the tenant income and unit rent of the non-AHU meet the AHU requirements. In other words, the AHU designation “floats” to another unit. For example, if a property has an over-income tenant in an AHU, when the next non-AHU comparable unit becomes available, it will be designated as an AHU and rented to an income eligible tenant. The unit occupied by the over income tenant is redesignated as a market rate unit. Maintaining the required number of comparable AHUs is called complying with the unit mix requirements. Page 269 of 545 15 Chapter 4 - Overview of Affordable Housing Program Policy (ownership) Households must: ● Owner occupy the unit as their Principal Residence ● Meet HUD Part 5 income eligibility requirements ● Be eighteen (18) years of age or older or have been declared emancipated by a court having jurisdiction ● Utilize a first mortgage product that is considered an “A” or “prime” lending product. It must be a fixed rate FHA, VA, or Conventional loan, unless pre-approved by Edina staff. 4.1 Ownership Income Eligibility Household income of owner occupants of affordable units must be at or below 100% of AMI as defined by the U.S. Department of Housing and Urban Development (HUD) using the Technical Guide for Determining Income and Allowances for the HOME Program (24 CFR 5.609). 4.2 Responsible Lending Policy The City wants assurances that the homebuyer’s primary mortgage is affordable and sustainable and contains appropriate terms. To ensure that homebuyers receive high quality loans that are sustainable over time, the City requires that any obtain a senior loan (i.e. first mortgage) meeting the following criteria: • The first mortgage loan must be considered an “A” or “prime” lending product. • It must be a fixed rate FHA, VA, or Conventional loan. • The loan should fully amortize over a 30-year term and not include negative amortization, interest- only periods and balloon payments. Shorter-term or longer-term loans must be underwritten and approved by the City in writing. • Points and origination fees cannot exceed 2%. Other closing costs cannot exceed 2% (excluding pre-paids.) 4.3 Resale to Another Low-Income Buyer During the Period of Affordability All AHU will be affordable and will be sold initially, and at subsequent sale during the period of affordability, to an eligible homebuyer in a reasonable range between 70-100% AMI. The homebuyers must have an annual income at or below 100% of Area Median Income as established by HUD and adjusted by household size and must meet the program’s homebuyer underwriting and responsible lending standards, which include a minimum of 25% and maximum 40% of their income for principal, interest, taxes, insurance and any ground lease fees (with City assumptions for average applicable condominium fees, where applicable) and a total debt ratio not exceeding 50% of income. During the POA the home will be made available to a qualified buyer who below 100% AMI and meets Program requirements, including the underwriting and responsible lending standards. Because the resale price is restricted by the Declaration of Restrictive Covenants the resale price is anticipated to be affordable to a subsequent homebuyer within the reasonable affordability range without additional assistance. The City has determined that the resale restrictions will comply with federal requirements by ensuring the initial purchaser with a fair return on their investment, and by limiting the share of any appreciation to ensure that the resale of any eligible property will not exceed the then-applicable affordable home costs for existing homes during the POA. Page 270 of 545 16 There will be a 30-year Period of Affordability whereby the unit must comply with these resale requirements. Purchasers will be required to maintain the property as their principal residence for as long as they own the property. Chapter 5 – General Occupancy Guidelines 5.1 Qualification of Applicants Applicants for AHUs shall be advised early in their initial visit to the property that there are maximum income limits that apply to these units. They also will be made aware that the anticipated income of all persons expecting to occupy the unit must be verified and included on a Resident Income Certification form prior to occupancy, and that tenant income and student status will be reviewed annually. If an individual is enrolled as a student at an institution of higher education, is under the age of 24, is not a veteran, is not married, is not a person with disabilities, and does not have a dependent child, in order to be eligible for a ADU, the student must be individually income eligible and the student’s parents (the parents individually or jointly) must be income eligible unless the student can demonstrate his or her independence from parents. AHP has adopted the Section 8 Housing Choice Voucher program restrictions on student participation found at 24 CFR 5.612, which exclude any student that: 1. Is enrolled in a higher education institution. 2. Is under the age of 24. 3. Is not a veteran of the US Military. 4. Is not married**. 5. Does not have a dependent child(ren). 6. Is not a person with disabilities. 7. Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible on the basis of income. To determine a student’s independence from his or her parents, the owner should consider all of the following: 1. The individual must be of legal contract age under state law; and 2. The individual must have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, or the individual must meet the U.S. Department of Education’s definition of an independent student; and 3. The individual must not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and 4. The individual must obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual/s providing the support. This certification is required even if no assistance will be provided. To document a student’s independence from parents: 1. Review and verify previous address information to determine evidence of a separate household, or verify the student meets the U.S. Department of Education’s definition of “independent student”; and 2. Review prior year income tax returns to verify if a parent or guardian has claimed the student as a dependent (except if the student meets the Department of Education’s definition of “independent student”); and 3. Verify income provided by a parent by requiring a written certification from the individual providing the support. Certification is also required if the parent/s is providing no support to the student. Financial assistance that is provided by persons not living in the unit is part of annual income. Verification of student eligibility must be maintained in the tenant file along with the income certification. 5.2 Eligibility Determination Page 271 of 545 17 A fully completed Household Questionnaire is critical to an accurate determination of eligibility. The information furnished on the application should be used as a tool to determine all sources of anticipated income and assets. After the tenant or buyer completes the Household Questionnaire, the owner/agent must have all income verified by obtaining source documentation (award letters, offers of employment, W- 2’s, check stubs (not paycheck), bank statements, investment records, etc.) or by a third-party (public agency, employer, financial institution). If total cash value of assets is less than $50,000, assets can be self-certified using the Under $50,000 Certification. Assets exceeding $50,000 must be third-party verified. The application, income and asset verifications, and lease are to be executed prior to move in. All occupants in an ADU must be certified and have a valid lease on file. All household members age 18 and over must sign all required documents. 5.3 House Rules Developing a set of house rules is a good practice. The decision about whether to develop house rules for a property rests solely with the owner/agent. If house rules are listed in the lease as an attachment, then they must be attached to the lease. By identifying allowable and prohibited activities in housing units and common areas, the owner/agent provides a structure for treating tenants equitably and for making sure tenants treat each other with consideration. House rules also are beneficial in keeping properties safe and clean and making them more appealing and livable for the tenants. They also are extremely beneficial if it becomes necessary to evict a tenant for inappropriate behavior. For more information on House Rules, refer to Chapter 6-9 of the HUD 4350.3 REV 1, Change 4 Handbook. 5.4 Government Data Practices Act Disclosure Statement Form In working with applicants and tenants, the owner/agent warrants compliance with applicable data privacy laws and regulations including the Minnesota Government Data Practices Act, which sets policies on the information that can be obtained, stored and/or released in connection with public programs. To comply with this law, the AHP Government Data Practices Act Statement form must be kept in each tenant's permanent file. Note that this is not a release authorization for verification of income and assets and must not be used as such. Each AHU household member’s name must be printed clearly at the top in the box provided. An unsigned and/or undated form is not valid and will be noted as insufficient at time of file inspection. 1. The form is to be signed one time and is valid as long as the resident lives at the property and participates in the program(s) identified in item #2 on page 1 of the form. If a resident moves from one unit to another, the original signed and dated form should be moved to the file for the new unit. A copy should be kept in the move out file for the old unit. 2. A valid form must include all relevant attachments. Some properties or units within a property may require 2 or more attachments for multiple programs. 3. Only one form is needed per unit as long as the head of household, spouse, co-head, and all household members over the age of 18 have signed and dated the form. 4. If an AHUlt is added to the household or a minor reaches age 18, they must be added to, sign, and date the original form. It is not necessary to complete a new form. 5. A copy of the form should be made available to the applicant/tenant. It is acceptable to give them an unsigned copy. 6. For new residents, the form should be completed at the time of initial application. A Government Data Practices Act Disclosure form that can be used for all AHUs is available on the HRA website. Page 272 of 545 18 Chapter 6 – Income Verification 6.1 Income Verification At initial occupancy, owner/agent must determine whether prospective tenant(s) of AHUs qualify as low income households. Income eligibility is based on anticipated income as defined at 24 CFR 5.609 (Section 8). When collecting income verification documentation, owner/agent must consider any likely changes in income. Owner/Agent must follow appropriate steps in determining whether households are eligible prior to admittance. Minnesota Housing provides sample verifications and other forms to assist owners/agents in qualifying eligible tenants. The release of information (at top of form) must be completed and signed by the person who is the subject of the verification prior to sending the form to an employer or other income source. Completed and returned verifications are used to calculate and document income. An Income and Asset Calculation Worksheet form also is available and can be used to assist in showing the individual calculations of income and asset income. This is highly recommended and will assist an inspector during a file review. This form should be dated and signed by the owner/agent. 6.2 Gross Annual Household Income Gross annual income for households living in AHUs shall be determined in a manner consistent with Section 8 of the U.S. Housing Act of 1937, also known as Part 5 Definition of Income. Note that the information below only provides a summary. Owners and managers must use current circumstances to project income, unless verification forms or other verifiable documentation indicate that an imminent change will occur. For guidance in this section and in determination of tenant/buyer income, the HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs, is used and is recommended as a reference guideThe HUD Handbook 4350.3 and HUD notices can be obtained by visiting HUD’s website. The determination of annual income must include all types of income in the amount anticipated to be received by the tenant/buyer in the 12 months following certification/recertification. Owner/Agent should use current circumstances to project income, unless verification forms or other verifiable documentation indicate that a change will occur (increase/decrease in rate of pay and/or hours). However, if the owner/agent is unable to determine annual income using current information because the family reports little to no income, or because income fluctuates, the owner/agent may average past actual income received or earned within the last 12 months before the certification date to calculate annual income. 6.3 Factors that Affect Household Size When determining family size for occupancy, the owner/agent must include the following individuals who currently are not living in the unit: • Children temporarily absent due to placement in a foster home; • Children in joint custody arrangements who are present in the household 50% or more of the time; • Children who are away at school but who live with the family during school recesses; • Unborn children of pregnant women. When a pregnant woman is an applicant, the unborn child is included in the size of the household and is included for purposes of determining the maximum allowable income. The rental application should ask the following question: “Will there be any changes in household composition within the next 12-month period?” If an applicant answers that a child is expected (birth, foster or adoption), the owner/agent should explain to the applicant this is an additional household member and use the corresponding income limit, and self-certification of additional member should be used as documentation within the initial Page 273 of 545 19 certification. • Children who are in the process of being adopted; • Temporarily absent family members who still are considered family members. For example, the owner/agent may consider a family member who is working in another state on assignment to be temporarily absent. Persons on active military duty are considered temporarily absent (except if the person is not the head, co-head or spouse or has no dependents living in the unit). If the person on active military duty is the head, co-head, or spouse, or if the spouse or dependents of the person on active military duty resides in the unit, that person’s income must be counted in full; • Family members in the hospital or rehabilitation facility for periods of limited or fixed duration. These persons are temporarily absent as defined above. Persons permanently confined to a hospital or nursing home are not considered household members. When determining family size for establishing income eligibility, the owner/agent must include all persons living in the unit except the following: • Live-in aides • Children of live-in aides A live-in aide/attendant is a person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who: • Is determined to be essential to the care and well-being of the person(s); • Is not obligated for the support of the person(s); and • Would not be living in the unit except to provide the necessary supportive services. While a relative may be a live-in aide/attendant, s/he must meet the above requirements, especially the last. The live- in aide qualifies for occupancy only if the individual needing supportive services requires the aide’s services and remains a tenant. The live-in aide may not qualify for continued occupancy as a remaining family member. The owner/agent must obtain verification from the person’s physician, psychiatrist or other medical practitioner or health care provider that the live-in aide is needed to provide the necessary supportive services essential to the care and well- being of the person and should not add the attendant to the lease. The owner/agent may not require applicants or tenants to provide access to confidential medical records or to submit to a physical examination. Some households may include other persons who are considered family members for the purposes of determining household size and income eligibility, including: • Foster Adults • Foster children Chapter 5 of HUD’s Occupancy Handbook has more detail on whose income is counted, what is counted as income and what is not, and how to account for income generated by assets. 6.4 General Income Verification Requirements All income and asset sources must be disclosed on the eligibility application and verified. A properly completed application must be used as the basis for determining what verifications will be necessary. The application, along with all supporting documentation and the Resident Income Certification, will be reviewed by HRA staff or its agent during a tenant file review. The following describes the types of third-party verification in order of acceptability: 1. Third-party verification from source (written): An original or authentic document generated by a third-party source that is dated within six months from the date of receipt by the owner/agent. Documents may be in possession of the tenant (or applicant), and commonly are referred Page 274 of 545 20 to as tenant provided documents. These documents are considered third-party verification because they originated from a third-party source. Examples of tenant provided documentation that may be used include, but are not limited to paystubs, payroll summary report, employer notice/letter of hire/termination, SSA benefit letter, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and unemployment monetary benefit notices. Owner/Agent must consider the following when using tenant provided documentation: i. Is the document current? Documentation of public assistance may be inaccurate if it is not recent and does not show any changes in the family’s benefits or work and training activities. ii. Is the documentation complete? Owner/Agent may accept pay stubs to document employment income only if the applicant or tenant provides the most recent two months of consecutive pay stubs to illustrate variations in hours worked. Actual paychecks or copies of paychecks should never be used to document income because deductions are not shown on the paycheck. iii. Is the document an unaltered original? The greatest shortcoming of tenant provided documents as a verification source is their susceptibility to undetectable change through the use of high quality copying equipment. Documents with original signatures are the most reliable. Photocopied documents generally cannot be assumed to be reliable. 2. Written documentation sent directly to the third-party source by mail or electronically by fax, email or internet. Verification forms must contain a release authorization signed by the applicant/tenant. Do not use a blanket release authorization as this entitles the owner/agent to obtain information to which it is not entitled or needed for eligibility determination. The Data Practices Act Disclosure Statement is not a verification release. Applicants should be asked to sign two copies of each verification form. The second copy may be used if the first request has not been returned in a timely manner. Income verification requests must be sent directly to and from the source. They are never given to the tenant to obtain signatures. If the returned verifications do not contain complete information, owner/agent must follow up with the source to obtain complete information. Typical examples include failure to indicate interest rates, dates of anticipated raises, amounts of anticipated raises, etc. All pertinent information must be documented in the file and must also include the name, phone number and title of the contact, the name of the person accepting the information, and the date. The single form AHP Eligibility Verification may be used to document income and asset eligibility in lieu of separate verification(s) for each separate income or asset source if the sole source of income is Housing Support. The AHP Eligibility Verification confirms receipt of Housing Support (formally known as GRH) since it identifies that the applicant is in fact qualified for income-based Medical Assistance (MA) through Minnesota’s Department of Human Services. (Housing Support recipients must have MA prior to obtaining housing grant funding). MA eligibility documents AHP eligibility because the Federal Poverty Guidelines (FPG) are significantly less than the LIHTC income limits. NCCP.org (NCCP.org/tools/converter/) defines poverty as a family income less than 100 percent of the federal poverty threshold, as determined by the U.S. Census Bureau; Low Income is defined as family income less than 200 percent of the poverty threshold. 3. Third-party verification from source (verbal). When clarifying information over the telephone, it is important to be certain that the person on the telephone is the party he or she claims to be. Generally, it is best to telephone the verification source rather than to accept verification from a source calling the property management office. Verbal verification must be documented in the file. When verifying information by phone, the owner/agent must record and include in the tenant’s file the following information: a. Third-party’s name, position, and contact information; b. Information reported by the third-party; Page 275 of 545 21 c. Name of the person who conducted the telephone interview; and d. Date and time of the telephone call. 4. Self-Certification An owner/agent may accept a tenant’s notarized statement or signed affidavit regarding the veracity of information submitted only if the information cannot be verified by another acceptable verification method. In these instances, the owner/agent must document the file why third-party verification was not available. The owner/agent may witness the tenant signature(s) in lieu of a notarized statement or affidavit. The following describes use of electronic information when used as third-party verification. Electronic Verification. The owner/agent may obtain accurate third-party written verification by facsimile, email, or Internet, if adequate effort is made to ensure that the sender is a valid third-party source. • Facsimile. Information sent by fax is most reliable if the owner/agent and the verification source agree to use this method in advance during a telephone conversation. The fax should include the company name and fax number of the verification source. • Email. Similar to faxed information, information verified by email is more reliable when preceded by a telephone conversation and/or when the email address includes the name of an appropriate individual and firm. • Internet. Information verified on the Internet is considered third-party verification if the owner/agent is able to view web-based information from a reputable source on the computer screen. Use of a printout from the Internet may also be adequate verification in many instances. Steps used to obtain written verification as described in 1, 2 and 3 above must be documented to show just cause for using other types of verification. The owner/agent must include the following documents in the tenant file: 1. A written note explaining why third-party verification is not possible, signed and dated by the applicant/resident. 2. A copy of the date-stamped original request that was sent to the third-party. 3. Written notes or documentation indicating follow up efforts to reach the third-party to obtain verification. 4. A written note indicating the request has been outstanding without a response from the third-party. Note: If a tenant is employed by a business owned by the tenant's family or is employed by the property owner/agent or the management company, a copy of a recent pay stub verifying year- to- date earnings also is required. Upon receipt of all verifications, owner/agent must determine if the resident is qualified for participation in the AHP. All verifications should be reviewed, and calculations made as necessary.Corrections to Documents Sometimes it is necessary to make corrections or changes to documents. A document that has been altered with correction fluid or "white out" will not be accepted by HRA. When a change is needed on a document, the person making the correction must draw a line through the incorrect information, write or type the correct wording or number, and have all parties initial and date the change. 6.5 Effective Term of Verifications Verifications of any kind are valid for 6 months prior to an AHU tenant’s move in date or recertification date. 6.6 Over Income Households When determining eligibility to occupy an AHU, the household's gross income must always be considered. However, if a tenant goes over the income guidelines of 140% of household income at recertification, the owner/agent must raise the over income tenant’s rent to reflect Fair Market Rent or relocate tenant to a Market Rate Unit as soon as the lease permits in accordance with the terms of the lease (see Chapter 2). The AHP does not require interim rent adjustments. Page 276 of 545 22 6.7 Annual Recertification All households occupying an AHU must be recertified at least annually from the date of occupancy. Annual recertifications must be effective on or before the occupancy anniversary date of the previous certification. Owner/Agent may align recertification dates with other program certifications or so that all units in the property are recertified at one time during the year. However, if a period of twelve (12) months passes without a recertification being completed for any AHU, the unit is considered out of compliance. Owner/Management may request an annual schedule whereby all tenants are recertified during the same month however before making changes to schedule, an email request must be made, and approved by the City first. The requirement to recertify is included in an AHU lease or addendum, tenant refusal to comply can be considered a violation of the lease and is grounds for termination. Income must be third-party verified in every 3rd year of the project’s affordability period, not tenancy. Example: Every Third Year Full Certification Property ABC received Certificate of Occupancy on 11/1/2019 • Period of Affordability (POA) for Property ABC will be a total of 15 years starting on 11/1/2019 and ending on 11/1/2034 Amanda Johnson Moved onto Property ABC on 12/1/2019 In 2019 (POA Year One): Management verifies income using SSA Benefits Award Letter, a copy of Amanda’s current PERA Benefit Letter (Pension Public Employees Retirement Association of Minnesota) and Under $50,000 Asset Verification to determine eligibility at Move In. All items must be third-party verified using source documents. In 2020 (POA Year Two): Amanda Johnson needs to complete her Annual Recertification. In POA Year Two for Property ABC, a self-certification of income and asset, signed by all adult household members is acceptable during this “non-3rd year”. Note: Move In certifications for eligibility must always third-party verify using source documents. In 2021 (POA Year Three): Amanda Johnson needs to complete her Annual Recertification. In POA Year Three for Property ABC, a self-certification of income and asset, signed by all adult household members is acceptable during this “non-3rd year”. Note: Move In certifications for eligibility must always third-party verify using source documents. In 2022 (POA Year Four): The Annual Recertification requirement for this POA year at Property ABC states all income and assets reported by a household must be third-party verified using source documents. A Self-Certification of Income & Asset is not eligible for use for any adult at Property ABC 6.8 Tenant/Buyer Files Owner/Agent must maintain a tenant file for each AHU. All permanent documents must be kept together so they are accessible at each compliance review. Annual recertification information must be grouped together by year, with the most recent year on top for review. Tenant records, including income verifications and development rents must be retained for the most recent three-year period after the tenant moves out. Below is a guide for organizing and preparing tenant files for review Income eligibility documents required for review: ☐ Detailed Calculation Worksheet ☐ Household Questionnaire/Tenant Application ☐ Student Eligibility for each year of occupancy ☐ Income Verifications: 3rd party or source documents (required for initial eligibility and every 3rd year of POA) Page 277 of 545 23 Self-certification (accepted on “off years”, except initial eligibility) ☐ Asset Verifications: 3rd party, source documents (required for initial eligibility and every 3rd year of POA) or Under 50K Cert Self-certification (accepted on “off years”, except initial eligibility) ☐ PHA Verification (alternative annual income total from PHA, not accepted for initial eligibility) ☐ Documentation of phone conversation or clarification ☐ Correct Government Data Practices Act Form Other documents required for review (Rental): ☐ Leases: Initial lease and most recently signed by HH ☐ Lease addendum requiring cooperation with annual recertification process ☐ Notice to HH of rent change ☐ Tenant Ledger (with all charges/payments reflected, including rent assistance (subsidy), non-optional lease charges, fees, etc.) ☐ VAWA Addendum ☐ Lead Based Paint (LBP) disclosures and receipt of LBP pamphlet (for pre-1978 projects only) ☐ AHP Resident Notification/Good Cause Rider ☐ Notes to File (if applicable) Correspondence/special circumstances required for review: ☐ If recert was late, file contains copies of recertification notices to HH and related HH response or correspondence. ☐ If unit is vacant, provide most recent recert from previous HH plus documentation of HH's notice to vacate, or owner's notice to HH of non-renewal/termination of lease for good cause. Page 278 of 545 24 Chapter 7 – Reporting Requirements The owner/agent must maintain a report of all tenants residing in each AHU at the time of application through the end of the affordability period and must submit annual reports to HRA in a form and manner requested by HRA. Annual compliance reports are due to HRA by March 1 or as otherwise specified by HRA, of each year during the affordability period. If the due date falls on a weekend or a holiday, reports are due the following business day. Reports and other required documents must be submitted as directed by HRA on an annual basis. 7.1 Annual Owner/Agent Certifications Complete the Owner/Agent Certification to certify compliance with AHP requirements for the preceding calendar year. Owner/Agent Certifications must be printed, signed and dated by the authorized Owner/Agent Representative, then scanned and submitted as directed by HRA. 7.2 Compliance Reports HRA or designated agents will monitor AHP compliance by reviewing annual Owner/Agent Certifications and analyzing compliance information submitted by the owner/agent. Failure to submit the Owner/Agent Certification and/or update the report on all units and their related activity by the due date will constitute noncompliance with the AHP and the related loan documents. 7.3 Utility Allowance Source Document (rental) Owners/Agents must submit the utility allowance source documents applicable to the reporting period. Multiple utility allowance source documents may apply to one reporting period. Page 279 of 545 25 Chapter 8 – Compliance Inspections Compliance inspections involve annual review of reports for rent and income compliance and review of tenant files as required (move in and/or turnover) for rental units and sale prices and income compliance review for ownership units. For new projects, an initial review of all AHU tenant files shall be done. After initial review, AHU tenant files shall be reviewed for initial tenancy and/or unit turnover or when requested by the City. Limited off-site technical assistance will be provided and owners/managers will be notified of any changes to compliance requirements e.g. updated income and rent limits and updated utility allowances. 8.1 Physical Inspections The Affordable Housing Program does not mandate inspections. The City’s Inspectors will perform building inspections as stipulated in the Rental Licensing requirements. 8.2 Review of Tenant Files and Property Records During the tenant file review, HRA staff will review Resident Income Certifications, third-party verifications or other forms of income documentation, leases, lead based paint disclosure forms, and other management information for selected units. HRA staff will also review the following property information: • Utility Allowances and supporting documentation • Current written tenant selection plan, occupancy policy and/or house rules if changes were made since the last review • Current lease and lease addenda/agreement(s) • Affirmative Fair Housing Marketing Plan/Marketing Plans • Advertising and marketing materials • Equal Housing Opportunity posters, logos • Correspondence • Resident rent ledgers for all units inspected Page 280 of 545 26 Chapter 9 – Correction and Consequences of Non-Compliance If HRA does not receive the required certifications and/or compliance reports when due, or discovers by audit, inspection, or review, or in some other manner, that the property is not in compliance with the requirements of the AHP, or with the property’s loan documents, including the enforcement agreement, the HRA will notify the owner/agent as soon as possible. 9.1 Notice to Owner/Agent HRA or its designated agent will provide prompt written notice to the owner/agent of an AHP property if HRA does not receive the annual Owner/Agent Certification and income and occupancy report by the required due date. HRA or its designated agent also will notify the owner/agent if it does not receive or is not permitted to inspect the Resident Income Certifications, supporting documentation, and rent records, or discovers by inspection, review, or in some other manner, that the property is not in compliance with the requirements of the AHP or with the property’s loan documents, including the enforcement agreement. 9.2 Correction Period A correction period of 30 days will be set forth in a Notice of Noncompliance to the owner and its agent. HRA may extend the correction period if HRA determines there is good cause for granting the extension. Requests for an extension must be in writing from the owner/agent, must be received by HRA no later than the last day of the correction period identified on the Notice of Noncompliance, and must include an explanation of the efforts to correct the noncompliance and the reason the extension is needed. 9.3 Owner’s/Agent’s Response HRA will review the owner’s/agent’s response and supporting documentation, if any, to determine whether the noncompliance has been clarified, corrected, or remains out of compliance. Clarified noncompliance is, for example, where income eligibility was not properly documented, and during the initial review a reasonable determination of compliance cannot be made. The owner/agent conducts a retroactive (re)certification which completely and clearly documents the sources of income and assets that were in place at the time the certification should have been effective and applies income and rent limits that were in effect on that date. If documentation is complete and supports that the tenant was eligible as of the effective date, the file is considered clarified. Corrected noncompliance is when a violation is observed and there is a period of time during which the unit is out of compliance, but the unit is brought back into compliance. For example, a late certification or re-certification is out of compliance on the certification due date, and back in compliance as of the date the last household member signs a retroactive Income Certification. Uncorrected noncompliance is a violation that is not corrected or clarified by the end of the correction period. Failure to correct all noncompliance could result in extension of the end of the POA, loss of Tax Increment Financing, or LURC tax treatment or other legal remedies. Persistent noncompliance also may impact the owner’s/agent’s eligibility for future financing from the HRA under any or all its programs. Page 281 of 545 27 Chapter 10 – Requests for Action 10.1 Sale or Transfer Any property owner must provide prior written notice to the HRA before sale or transfer of the property. The notice will provide that the new owner/agent acknowledges that the terms and conditions of the Affordable Housing Program as set forth in the governing documents recorded against the property remain in place. Page 282 of 545 38 4934-3113-0118\2 Exhibit G Form of Restrictive Covenant for Affordable Housing Declaration of Covenants and Restrictions – Affordable Housing (7200 France) This Declaration of Covenants and Restrictions (this “Declaration”) is made as of the ____ day of _________, by France Property Partners, LLC, a Minnesota limited liability company (“Declarant”). Recitals A. Declarant is the owner of a fee interest in certain real property situated in the City of Edina (the “City”), county of Hennepin, state of Minnesota, located at 7200 France Avenue, Edina, Minnesota and legally described in the attached Exhibit A (the “Property”). B. Declarant, the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), and the City are parties to that certain Redevelopment Agreement dated _________, 2025 (as may be amended from time to time, the “Redevelopment Agreement”). C. The City, by Resolution No. _______ adopting PUD No. ____, approved Declarant’s final rezoning, planned unit development ordinance, and final development plan for the Project (the “Approvals”). D. Pursuant to the Redevelopment Agreement and as a condition to the Approvals, Declarant has agreed to impose certain restrictive covenants upon the Property to ensure that 15 of the housing units within the Project will remain affordable to certain low-income persons and households (“Affordable Units”). E. Declarant, under this Declaration, intends, declares, and covenants that the restrictive covenants set forth herein governing the use, occupancy, and transfer of the Project shall be and are covenants running with the Property in perpetuity and binding upon all subsequent owners of the Property, and are not merely personal covenants of Declarant. F. Capitalized terms in this Declaration have the meaning provided in the Redevelopment Agreement unless otherwise defined herein. NOW, THEREFORE, Declarant makes the following Declaration, hereby specifying that said Declaration shall constitute covenants to run with the land and shall be binding on all parties in interest and their respective successors and assigns: 1. Recitals; Definitions. The Recitals are true and correct statements of fact and are incorporated into this Declaration by this reference, including the definitions set forth therein. Each capitalized term used herein and the Recitals, unless otherwise defined, shall have the respective meaning ascribed to such term in the Redevelopment Agreement. 2. Term. This Declaration, and the covenants and restrictions contained herein, shall continue in full force and effect in perpetuity commencing on the date hereof (the “Term”). Declarant’s obligation to operate the Project subject to this Declaration is independent of the existence and continuance of any tax increment financing and/or other public assistance contemplated or given by the Authority or the City to Page 283 of 545 39 4934-3113-0118\2 Declarant under the Redevelopment Agreement, or otherwise (“Public Assistance”) except as otherwise provided in this Agreement. The provisions of this Declaration are intended to survive the termination or extinguishment of any Public Assistance, any mortgage securing the same, and any other security instruments placed of record in connection with the Public Assistance and to survive the termination of any subsequent financing or security instruments placed of record by other lenders. 3. Occupancy Requirements and Restrictions. a. Qualifying Tenants. During the Term, the Affordable Units shall be leased and occupied (or held vacant and available for occupancy) only by Qualifying Tenants. “Qualifying Tenants” means individuals or households who, at initial occupancy, have a combined gross annual income which does not exceed 60% of the area median income (including adjustments for family size), as determined by the then current U.S. Department of Housing and Urban Development’s (“HUD”) Multifamily Tax Subsidy Project Income Limits for the Minneapolis-Saint Paul- Bloomington Metropolitan Statistical Area (“MTSPI”). b. Rental Rates. The Affordable Units shall bear annual rents at rates (inclusive of utilities and mandatory fees) that are considered affordable to individuals or households earning less than 50% of MTSPI (adjusted for bedroom count, and including utilities and mandatory fees) as determined and announced from time to time by HUD and as published annually by the Minnesota Housing Finance Agency (or any successor agency(ies) administrating government affordable housing programs), and if such agency ceases to publish and update such rates during the Term, such annual rents for the Affordable Units shall not be not greater than 30% of 50% of MTSPI. c. Certification of Tenant Eligibility. No tenant household shall be approved by Declarant for initial occupancy of an Affordable Unit unless and until Declarant has used best efforts to determine (through verification of projected income, assets, expenses, and deductions) whether such tenant household is a Qualifying Tenant. Each person who is intended to be a Qualifying Tenant will be required at the commencement of the initial lease of an Affordable Unit to sign and deliver to Declarant a “Certification of Tenant Eligibility” substantially in the form attached as Exhibit B, or in any other form as may be approved in writing by the Executive Director of the Authority or the City Manager of the City (the “Eligibility Certification”), in which the prospective tenant certifies as to qualifying as a Qualifying Tenant. Eligibility Certifications may be obtained no more than 120 days before a Qualifying Tenant occupies an Affordable Unit. In addition, the person will be required to provide whatever other information, documents, or certifications are deemed reasonably necessary by the Authority or the City to substantiate the Eligibility Certification. Eligibility Certifications will be maintained on file by Declarant with respect to each Qualifying Tenant who resides or resided in an Affordable Unit for a period of 10 years following the termination of such Qualifying Tenant’s lease. Declarant must re-examine and verify the income of each tenant household living in an Affordable Unit annually unless, during such year, all of the Affordable Units are occupied by Qualifying Tenants during the calendar year. In addition, no re-certification shall be required if a Qualifying Tenant moves to a different Affordable Unit. Page 284 of 545 40 4934-3113-0118\2 d. Leases. The Affordable Units shall be rented pursuant to a written lease, and the term of each such lease shall be no less than six months, and such newly leased Affordable Units shall be subject to the terms and conditions of this Declaration until the expiration of such new leases. In addition, each lease utilized by Declarant in renting any Affordable Unit to any person who is intended to be a Qualifying Tenant shall: i. not require a security deposit in excess of the amount of one month of rent in connection with any Affordable Unit; ii. provide that rental rates charged to any Qualifying Tenant of an Affordable Unit cannot be increased more than once in any 12-month period; iii. provide for termination of the lease and consent by the person to eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by the person with respect to the Eligibility Certification; iv. include a clause wherein each individual tenant or tenant certifies the accuracy of the statements made in its application and Eligibility Certification; and v. include a clause wherein each individual tenant or tenant certifies that the family income at the time the lease is executed will be deemed substantial and material obligation of the tenant’s tenancy; that the tenant will comply promptly with all requests for income and other information relevant to determining low or moderate income status from Declarant, the Authority, or the City, and that the tenant’s failure or refusal to comply with a request for information with respect thereto will be deemed a violation of a substantial obligation of the tenant’s tenancy of its Affordable Unit. e. Affordable Unit Mix. The Affordable Units shall consist of at least 3 studio units (each of which shall be no smaller than 500 square feet in size), 5 one-bedroom units (each of which shall be no smaller than 700 square feet in size), 4 two-bedroom units (each of which shall be no smaller than 1,080 square feet in size), and 1 three-bedroom unit (each of which shall be no smaller than 1,180 square feet in size). The two and three bedroom units must be leased to Qualified Tenants consisting of households of at least two members. Any change in the foregoing distribution and below identification of Affordable Units shall require the prior written approval of the Executive Director of the Authority and City Manager of the City, which such consent will not be unreasonably conditioned, delayed or withheld. Affordable Units Type of Unit Unit No. Floor 1. Studio 2. Studio 3. Studio Page 285 of 545 41 4934-3113-0118\2 4. 1-bedroom 5. 1-bedroom 6. 1-bedroom 7. 1-bedroom 8. 1-bedroom 9. 1-bedroom plus den 10. 1-bedroom plus den 11. 1-bedroom plus den 12. 1-bedroom plus den 13. 1-bedroom plus den 14. 2-bedroom 15. 2-bedroom 4. Enforcement of Covenants and Restrictions. a. Annual Certification. Declarant shall prepare and submit to the Authority and the City, annually for approval on the basis of compliance with this Declaration, a certificate substantially in the form of the attached Exhibit C, executed by Declarant, (i) identifying the tenancies and the dates of occupancy (or vacancy) for all Qualifying Tenants, including the percentage of the dwelling units of the Project which were occupied by Qualifying Tenants (or held vacant and available for occupancy by Qualifying Tenants) at all times during the year preceding the date of the certificate; (ii) describing all transfers or other changes in ownership of the Project; and (iii) stating that all Affordable Units were rented or available for rental on a continuous basis during the year to Qualifying Tenants and that, to the best of its knowledge, Declarant was not otherwise in default under this Declaration during the year. The initial deadline for submission of such certification is three months following the date that all the Affordable Units are first occupied by Qualifying Tenants and thereafter an annual deadline for submission of January 31. b. Books and Records. Declarant shall permit, during normal business hours and upon reasonable notice, any duly authorized representative of the Authority or City, to inspect any books and records of Declarant regarding the Project with respect to the incomes of tenant households of Affordable Units and the rents charged for Affordable Units to ensure compliance with the requirements of this Declaration. At the City’s or Authority’s request, Declarant will submit any other information, documents or certifications that Declarant, in its reasonable discretion, deems necessary to substantiate Declarant’s compliance with the requirements of this Declaration. c. Delegation; Third-Party Monitoring. Each of the Authority and the City may, in their reasonable discretion, delegate their obligations hereunder and responsibilities for monitoring and enforcement of this Declaration to a separate Page 286 of 545 42 4934-3113-0118\2 subdivision of the City and/or one or more designated contractors, subcontractors, or agents. Declarant shall, upon annual invoicing, reimburse the Authority and the City for third-party expenses related to monitoring of Declarant’s compliance with this Declaration, which such aggregate costs of the Authority and the City shall initially not exceed $3,500 per year (plus any additional costs necessitated by re-inspections for noncompliance with this Declaration) and thereafter be subject to reasonable adjustment from time to time. d. City Affordable Housing Policy. The Affordable Units shall be subject to the terms and condition of the version of the City’s Inclusionary Housing Policy Program attached as Exhibit F to the Redevelopment Agreement. e. Notice of Non-Compliance. Declarant shall promptly notify the Authority and the City if at any time during the term of this Declaration the Affordable Units in the Project are not occupied or available for occupancy as required by the terms of this Declaration. 5. Additional Covenants, Representations, and Warranties of Declarant. a. Legal Compliance. Declarant shall construct and maintain the Affordable Units and the Project in compliance with all requirements of the Redevelopment Agreement (including, without limitation, the level of finishes and amenities described in the Redevelopment Agreement), the City Approvals, any requirements of any lender whose loan is secured by a mortgage to which Declarant is a party or by which it or the Project is bound, and all applicable ordinances, building and use restrictions, code-required building permits, and any requirements with respect to licenses, permits, and agreements necessary for the lawful use and operation of the Project. b. No Violation. As of the date hereof, the execution and performance of this Declaration by Declarant (i) does not violate any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) does not violate any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which Declarant is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. c. Section 8 Housing. Declarant shall accept Qualifying Tenants who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, as amended, codified as 42 U.S.C. Sections 1401 et seq., or its successor. Declarant shall not adopt any policies specifically excluding rental of Affordable Units to Qualifying Tenants holding Section 8 certificate/voucher holders solely because of the status of the prospective tenant as such a holder. d. Underserved Populations. Declarant shall affirmatively market the Affordable Units to one or more traditionally underserved populations as affordable at the rates required hereunder. e. Consents and Subordination. Declarant shall obtain the consent to this Declaration of any prior recorded lien-holder for the Property and shall cause such liens to be Page 287 of 545 43 4934-3113-0118\2 subordinated to this Declaration. Declarant has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof and that, in any event, the requirements of this Declaration are paramount and controlling as to the rights and obligations set forth herein and supersede any other document’s provisions in conflict herewith. Notwithstanding anything to the contrary herein, this Declaration is subject to the requirements of any lender making a loan to the Developer pursuant to a Federal Housing Administration loan program. f. Transfer Restrictions. Subject to the terms and conditions of the Redevelopment Agreement and the City Approvals, Declarant may sell, transfer or exchange the Project, the Property or any portion thereof, but Declarant shall notify the Authority and the City in writing at least thirty (30) days prior to such sale, transfer or exchange, and use commercially reasonable efforts to obtain the acknowledgment of any buyer or successor or other person acquiring the Project therein that such acquisition is subject to the covenants and restrictions of this Declaration (and to the requirements of the Redevelopment Agreement incorporated herein). Failure by Declarant to obtain such acknowledgment shall not be deemed to impair the covenants and restrictions of this Declaration. g. Alterations; Use. Declarant shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project or permit the use of any Affordable Unit for any purpose other than rental housing during the Term of this Declaration unless required by law. Qualifying Tenants shall have the same access to the Project amenities as residents of the market-rate units. h. Condemnation, Damage, or Destruction. In the event that title to and possession of the Project or any material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the Authority or the City) or the Project is damaged or destroyed, Declarant shall, with reasonable promptness after such taking, notify the Authority as to the nature and extent of such damage or taking, as applicable. Upon receipt of any condemnation award or insurance proceeds Declarant shall elect to either: (a) use the entire condemnation award or insurance proceeds to reconstruct the Project (or, in the event only a part of the Project has been taken or damaged, then to reconstruct such part) upon the remaining Property to the extent necessary to maintain and continue operations of Project for its intended purpose; or (b) in the event that the condemnation affects or taking or damage or destruction affects the Property but not the Project improvements thereon, retain, for the account of Declarant, all of the condemnation award or insurance proceeds. Notwithstanding the foregoing, this Section 5.h. is subject to the terms and conditions of first mortgage loan documents recorded against the Project. 6. Remedies; Enforceability. In the event of a violation or attempted violation of any of the covenants, conditions or restrictions herein contained that is not cured, ended or remedied within thirty (30) days after written notice to do so, the City or the Authority may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation, or enforce specific performance by Declarant of the covenants, obligations, conditions and/or restrictions set forth herein, or to recover monetary damages caused by such violation or attempted violation; provided, however, if any such violation occurs under this Declaration which reasonably requires more than thirty (30) days to cure, the City and the Authority will delay exercising the foregoing remedies, provided that the curing of such violation is promptly commenced Page 288 of 545 44 4934-3113-0118\2 upon receipt of the written notice of violation, and with due diligence is thereafter continuously prosecuted to completion and is completed within a reasonable period of time, and provided that the Declarant keeps the City and the Authority informed at all times of its progress in curing the violation; provided, however, in no event shall such additional cure period for any violation extend beyond ninety (90) days. Declarant specifically acknowledges that the City and the Authority cannot be adequately compensated by monetary damages in the event of any default hereunder. Unless terminated as provided herein, the provisions hereof are imposed upon and made applicable to the Project, and shall be enforceable against Declarant, each purchaser, grantee, owner or tenant of the Project and the respective heirs, legal representatives, successors and assigns of each. No delay in enforcing the provisions of said covenants, conditions and restrictions as to any breach or violation shall impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In addition to any remedy set forth herein for failure to comply with the restrictions set forth in this Declaration, any such failure shall be an Event of Default under the Redevelopment Agreement and the City or the Authority may exercise any remedy available to it under the Redevelopment Agreement. 7. Indemnification. Declarant hereby indemnifies, and agrees to defend and hold harmless, the Authority, the City, and their respective officers, officials, employees, and agents, from and against all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, allegations, claims, demands, and judgments of any nature arising from the consequences of a legal or administrative proceeding or action brought against them, or any of them, on account of any failure by Declarant to comply with the terms of this Declaration, or on account of any representation or warranty of Declarant contained herein being untrue. 8. Covenants Running With the Land. Declarant intends, declares and covenants, on behalf of itself and all future owners and operators of the Property and the Project during the Term, that this Declaration and the covenants and restrictions set forth in this Declaration regulating and restricting the use, occupancy and transfer of the Property and the Project (a) shall be and are covenants running with the Property and the Project, encumbering the Property and the Project for the Term, binding upon Declarant’s successors in title and all subsequent owners and operators of the Property and the Project; (b) are not merely personal covenants of Declarant; and (c) shall bind Declarant (and the benefits shall inure to the Authority and the City) and its respective successors and assigns during the Term. Declarant hereby agrees that any and all requirements of the laws of the State of Minnesota to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. 9. Waiver. The waiver by the Authority of any breach or default of any provisions anywhere contained in this Declaration shall not be deemed to be a waiver of any subsequent breach or default thereof. No provision of this Declaration shall be deemed to have been waived by any party hereto or party benefited hereby unless such waiver is in writing and signed by the party charged with any such waiver. 10. Notices. Any notice, approval, consent, payment, demand, communication, authorization, delegation, recommendation, agreement, offer, report, statement, certification or disclosure required or permitted to be given or made under this Declaration, whether or not expressly so stated, shall not be effective unless and until given or made in writing and shall be deemed to have been duly given or made as of the following date: (a) if delivered personally by courier or otherwise, then as of the date delivered or if delivery is refused, then as of the date presented; or (b) if sent or mailed by certified U.S. mail, return receipt requested, or by Federal Express, Express Mail or other mail or overnight courier service, then as of the date received. All such communications shall be addressed as follows (which address(es) for a party Page 289 of 545 45 4934-3113-0118\2 may be changed by that party from time to time by notice to the other parties). No such communications to a party shall be effective unless and until deemed received at all address(es) for such party: Declarant at: 7250 France Group, LLC 6550 York Avenue South, Suite 207 Edina, MN 55345 Attention: Ted Carlson With a copy to: Maslon LLP 225 South Sixth Street, Suite 2900 Minneapolis, MN 55402 Attention: Jon Septer The Authority at: Housing and Redevelopment Authority of Edina, Minnesota Attention: Executive Director 4801 West 50th Street Edina, MN 55424 with a copy to: Dorsey & Whitney LLP Attention: Jay R. Lindgren 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 The City at: City of Edina Attention: City Manager 4801 W. 50th Street Edina, MN 55424 with a copy to: Dorsey & Whitney LLP Attention: Jay R. Lindgren 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 11. Joinder; Permitted Encumbrance. Except for the mortgagee consent attached hereto, this Declaration does not require the joinder or approval of any other person and each of the parties respectfully has the full, unrestricted and exclusive legal right and power to enter into this Declaration for the term and upon the provisions herein recited and for the use and purposes hereinabove set forth. This Declaration shall constitute a permitted encumbrance under any loan document heretofore or hereafter entered into between Owner and any construction lender or permanent lender. 12. Amendment. The provisions of this Declaration shall not be amended, terminated or deleted during the Term hereof, except by an instrument in writing duly executed by the Authority, the City, and Declarant, their respective successors and assigns. 13. Attorneys’ Fees. In case any action at law or in equity, including an action for declaratory relief, is brought against Declarant to enforce the provisions of this Declaration, Declarant agrees to pay the reasonable attorneys’ fees and other reasonable expenses paid or incurred by the City and/or the Authority in connection with the action. Page 290 of 545 46 4934-3113-0118\2 14. Governing Law. This Declaration is governed by the laws of the state of Minnesota and, where applicable, the laws of the United States of America. 15. Severability. If any provisions hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 16. Dispute Resolution. Declarant, the Authority, and the City will use the following special dispute resolution process for those unresolved disputes or the lack of agreement following a request for consent or approval, before exercising any applicable legal remedies. Upon the occurrence of such an unresolved dispute, Ted Carlson (or his successor or delegate), as Declarant’s representative, the City Manager (or its delegate), as the City’s representative, and _____________ as the Authority’s representative, shall promptly meet in person and explore resolution until either party determines that effective resolution is not possible without more formal dispute resolution. Declarant, the Authority, and the City, through their respective representative shall complete this special dispute resolution process in good faith before resorting to any other applicable legal process or remedy. The foregoing notwithstanding, the special dispute resolution process, as set forth in this section, shall be deemed a failure if such dispute or matter is not resolved within 30 days of the initial written request by a party to commence the process, at which time the parties may pursue any other applicable legal remedies. 17. Estoppel Certificate. Each party, respectively, agrees that at any time and from time to time, within ten business days after receipt of a written request by the other party, to execute, acknowledge and deliver to such party a statement in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments certifying as of the date of such certification: (a) that this Declaration is unmodified and in full force and effect or, if there have been modifications, that the same are in full force and effect as modified and identifying the modifications; (b) that no party is in default under any provisions of this Declaration or, if there has been a default, the nature of such default; (c) that all work to be performed, under this Declaration or any related agreement has been performed or, if not so performed, specifying the work to be performed; and (d) as to any other factual matter that the requesting party or a prospective mortgagee or other lender shall reasonably request. It is intended that any such statement may be relied upon by any person, prospective mortgagee of, or assignee of any mortgage, upon such interest. Any such statement on behalf of the City may be executed by the City Manager without City Council approval. [Remainder of page intentionally left blank; signature page follows] Page 291 of 545 [Signature Page to Affordable Housing Declaration (7200 France Avenue)] 47 4934-3113-0118\2 IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the date first written above FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________, 202__, by Theodore Carlson, the President of France Property Partners, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 292 of 545 48 4934-3113-0118\2 Exhibit A Legal Description of the Property That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 293 of 545 49 4934-3113-0118\2 CONSENT AND SUBORDINATION The undersigned, ___________________, a ___________________, holder of that certain [Mortgage] executed by __________________, _________________, dated ________________, 20____, filed ________________, 20__, as Document No. ___________, in the office of the County Recorder in and for Hennepin County, Minnesota, and filed ________________, 20____, as Document No. ___________, in the office of the Registrar of Titles in and for Hennepin County, Minnesota, in favor of ________________ (the “Mortgage”), hereby consents to the foregoing Declaration of Covenants and Restrictions – Affordable Housing (7200 France) (the “Easement Agreement”), and hereby subjects and subordinates the Mortgage and all of its right, title and interest in and to the Easement Agreement. ___________________________________, a ___________________ By: _________________________________________ Name: _______________________________________ Title: ________________________________________ STATE OF ______________ ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20_____, by ____________________, the _________________ of ___________________, a ___________________, on behalf of the ___________________. ____________________________________________ ____________________________________________ Notary Public Page 294 of 545 50 4934-3113-0118\2 Exhibit B Form of Certification of Tenant Eligibility Page 295 of 545 51 4934-3113-0118\2 Page 296 of 545 M-52 4934-3113-0118\2 Exhibit C Form of Certificate of Continuing Program Compliance Certificate of Continuing Program Compliance Date: ___________________ The following information with respect to the Project located at 7200 France Avenue, Edina, Minnesota (the “Project”), is being provided by France Property Partners, LLC, a Minnesota limited liability company (“Declarant”), to the City of Edina, Minnesota, a Minnesota statutory city (the “City”) and the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), pursuant to that certain Declaration of Covenants and Restrictions (Affordable Housing) dated ________________ ___(the “Declaration”), with respect to the Project: (A) The total number of Affordable Units which are available for occupancy is [___]. The total number of these units occupied is _________________. (B) The following Affordable Units (identified by unit number) are currently occupied by “Qualifying Tenants,” as the term is defined in the Declaration (for a total of [___] units): Unit Number Name of Tenant Number of Persons Residing in the Unit Number of Bedrooms Total Adjusted Gross Income Date of Initial Occupancy Rent 1 studio 2 studio 3 studio 4 1 5 1 6 1 7 1 8 1 9 1 + den 10 1 + den 11 1 + den 12 1 + den 13 1 + den 14 2 15 2 (C) Declarant has obtained a “Certification of Tenant Eligibility,” in the form provided as Exhibit B to the Declaration, from each Tenant named in (B) above, and each such Certificate Page 297 of 545 53 4934-3113-0118\2 is being maintained by Declarant in its records with respect to the Project. Attached hereto is the most recent “Certification of Tenant Eligibility” for each Tenant named in (B) above who signed such a Certification since ______________, _____, the date on which the last “Certificate of Continuing Program Compliance” was filed with the Authority and the City by Declarant. (D) In renting the residential units in the Project, Declarant has not given preference to any particular group or class of persons (except for persons who qualify as Qualifying Tenants); and none of the units listed in (B) above have been rented for occupancy entirely by students, no one of which is entitled to file a joint return for federal income tax purposes. All of the residential units in the Project have been rented pursuant to a written lease, and the term of each lease is at least twelve (12) months. (E) The information provided in this “Certificate of Continuing Program Compliance” is accurate and complete, and no matters have come to the attention of Declarant which would indicate that any of the information provided herein, or in any “Certification of Tenant Eligibility” obtained from the Tenants named herein, is inaccurate or incomplete in any respect. (F) The Project is in continuing compliance with the Declaration. (G) Declarant certifies that as of the date hereof at least [___] of the residential dwelling units in the Project are occupied or held open for occupancy by Qualifying Tenants, as defined and provided in the Declaration. (H) The rental levels for each Qualifying Tenant comply with the maximum permitted under the Declaration. IN WITNESS WHEREOF, I have hereunto affixed my signature, on behalf of Declarant, on ____________, 20__. FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President Page 298 of 545 54 4934-3113-0118\2 Exhibit H Form of Right of First Option for Affordable Housing RIGHT OF FIRST PURCHASE OPTION AGREEMENT (7200 France) THIS RIGHT OF FIRST PURCHASE OPTION AGREEMENT (this “Agreement”) is made and entered into this ___ day of ____________ (“Effective Date”), by and between the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), and France Property Partners, LLC, a Minnesota limited liability company (“Owner”). RECITALS: 1. The City of Edina, Minnesota, a Minnesota statutory city (the “City”), the Authority, and Owner, as “Developer”, are parties to that certain Redevelopment Agreement dated ___________, 2025 (the “Redevelopment Agreement”). 2. The Redevelopment Agreement provides for the expenditure of certain public funds to assist in the redevelopment of the 7200 Parcel with certain “Phase 2 Minimum Improvements” consisting generally of a multi-family residential building consisting of 150 units (collectively, “Project”), and related site improvements. 4. The Redevelopment Agreement requires that 15 of such residential units (the “Affordable Units”) will be leased to Qualified Tenants at rates that are considered affordable to individuals or households earning less than 50% of the U.S. Department of Housing and Urban Development’s Multifamily Tax Subsidy Project Income Limits (“MTSPI”) for the Minneapolis-Saint Paul-Bloomington Metropolitan Statistical Area and that the Affordable Units be subject to that certain Declaration of Covenants and Restrictions (Affordable Housing) dated as of an even date herewith by Developer in favor of the City and Authority (the “Affordable Housing Declaration”). “Qualifying Tenants” means individuals or households who, at initial occupancy, have a combined gross annual income which does not exceed 60% of the area median income (including adjustments for family size), as determined by the then current MTSPI. 5. The Authority and Owner have agreed in the Redevelopment Agreement that Owner shall grant the Authority the first right to purchase one or more of the Affordable Units (the “Purchase Right”), but only in the event the Affordable Units are converted from rental units to for-sale units, as more particularly set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: 1. Recitals; Definitions. The Recitals are true and correct statements of fact and are incorporated into this Agreement by this reference, including the definitions set forth therein. Each capitalized term used herein and the Recitals, unless otherwise defined, shall have the respective meaning ascribed to such term in the Redevelopment Agreement. Page 299 of 545 55 4934-3113-0118\2 2. Right to Purchase. a. Upon and subject to the terms hereinafter set forth, Owner hereby grants to the Authority, and the Authority hereby accepts, an option to purchase (“Purchase Option”) one or more of the Affordable Units, together with an undivided interest in all common elements, all easements and rights benefiting or appurtenant to the Affordable Units (collectively, the “Property”) upon the occurrence of a For-Sale Conversion (as defined below). The Purchase Option shall terminate only upon the occurrence of any of the following: (a) the Authority issues a Rejection Notice or fails to timely issue an Election Notice, as set forth in Section 5 below; or (b) the execution of a written termination by the then-fee title owner of the Property and the Authority (the “Term”). b. Notwithstanding any provision herein to the contrary, the Authority and Owner have agreed that the Purchase Right is triggered only upon the conversion of the Affordable Units from rental units to for-sale units and not upon the subsequent sale of any Affordable Units if the Authority waives the Purchase Right or the Purchase Right is otherwise waived or terminates as set forth in this Agreement. 3. For-Sale Conversion. In the event Owner elects to convert (a “For-Sale Conversion”) all or part of the apartment component of the Project, including the Affordable Units, from rental units into condominium units, cooperative units, or otherwise subdivide such units into separately transferable and taxable housing units (“Separate Units”) and intends to sell Separate Units, then Owner shall give the Authority prompt notice of Owner’s election to proceed with a For-Sale Conversion and the Owner shall give the Authority notice of the date (the “Conversion Date”) on which Owner causes the operative documents effectuating the For-Sale Conversion to be recorded in the office of the County Recorder in and for Hennepin County, Minnesota and/or the office of the Registrar of Titles in and for Hennepin County, Minnesota, as applicable (e.g., recording of the common interest community declaration and plat, registered land survey, etc.), which such notice shall be delivered to the Authority no later than ten (10) business days after the Conversion Date. Notwithstanding anything herein to the contrary, Owner shall not be required to include the individual Affordable Units in a For-Sale Conversion (such that each Affordable Unit is also converted into a Separate Unit) and, instead, Owner may cause all the Affordable Units to be collectively subdivided into a single “Separate Unit”, lot, or tract as part of a subdivision process that would otherwise be considered a For-Sale Conversion (the “Affordable Tract”), in which event, the Purchase Option shall not apply to the Affordable Tract and the Affordable Tract shall remain subject to the Affordable Housing Declaration in accordance with its terms. The Authority and Owner agree to amend the Affordable Housing Declaration to only apply to the Affordable Units or the Affordable Tract, as applicable, on or after the Conversion Date. 4. Offer to Transfer of Affordable Units. If at any time following such Conversion, Owner desires to sell, convey, transfer or otherwise dispose of any interest in and to any of the Affordable Units (“Transfer”), then Owner shall provide written notice to the Authority that Owner desires to so Transfer such Affordable Units and shall offer to so Transfer the Affordable Units to the Authority upon the terms and conditions set forth herein (“Offer”). The Offer shall include a proposed Purchase Price. 5. Election Period. The Authority shall have sixty (60) days after the date of its receipt of the Offer (the “Offer Date”) to notify Owner of the Authority’s desire, in its sole discretion, and subject to approval by the Authority’s board of commissioners, to purchase one or more of the Affordable Units and related Property subject to the terms and conditions of the Agreement and the Offer (the “Election Period”). Prior to the expiration of the Election Period, the Authority shall notify Owner that the Authority either (a) elects to so purchase one or more of the Affordable Units (“Election Notice”) (which such Election Notice will specify which Affordable Units the Authority elects to purchase) or (b) waives it right to purchase one Page 300 of 545 56 4934-3113-0118\2 or more of the Affordable Units (“Rejection Notice”). In the event the Authority issues a Rejection Notice or fails to timely issue an Election Notice, then the Purchase Option shall be deemed terminated and of no further force or effect, and Owner shall be free to sell the Affordable Units on terms and conditions acceptable to Owner in its sole discretion. If the Authority does not deliver its Election Notice to Owner before the expiration of the Election Period, the Authority shall be deemed to have issued a Rejection Notice with respect to all Affordable Units. 6. Documents; Inspection. Within 10 days after the Offer Date, Owner shall either make available to the Authority copies of all documents, reports, studies, tests, drawings, surveys, agreements, contracts, and all other documentation relating to the Property in Owner’s possession or control (“Property Documents”). During the Election Period (or until the Authority issues a Rejection Notice or is deemed to have made a Rejection Notice), the Authority may examine the Property Documents and Owner shall allow the Authority, and the Authority’s employees, agents, and contractors, access to the Property upon reasonable prior written notice from the Authority without charge and for the purpose of the Authority’s reasonable inspection and investigation of the same. The Authority shall indemnify Owner from any damages to the Property that occurs in connection with any such inspection or investigation. 7. Title Examination. Within 15 days after the Offer Date, Owner shall deliver to the Authority a current commitment (the “Commitment”) for an ALTA Form Owner’s Policy of Title Insurance insuring title to the Affordable Units in the amount of the Purchase Price (once determined) issued by a reputable title company (the “Title Company”), legible copies of all documents cited, raised as exceptions or noted in the title commitment and Owner’s most recent survey of the Property (provided, the Authority may elect to obtain a new survey at its sole cost and expense) (collectively [including the new survey if so obtained], the “Title Evidence”). During the Election Period, the Authority may make written objections (“Objections”) to the Title Evidence. All matters shown by the Title Evidence and not objected to by the Authority shall be a “Permitted Encumbrance” hereunder. Owner shall not have any obligation to cure or attempt to cure any Objections except for any mortgage, lien or judgment not disputed by Owner. 8. Purchase Terms. The following provisions are applicable to the Purchase Option: a. Purchase Price. The purchase price per each Affordable Unit (and related Property) (the “Purchase Price”) purchased by the Authority pursuant to the Purchase Option shall be the “Fair Market Value” of such Affordable Unit(s), which shall mean the fair market value of the Affordable Unit(s) that an independent third party would be willing to pay for the Affordable Unit(s) in an arm’s length transaction without any compulsion to proceed, which shall be determined as follows: if the parties are unable to agree on the Purchase Price within thirty (30) days after the Offer Date, then the Authority and Owner shall each select a qualified MAI appraiser to determine the Fair Market Value for the Affordable Unit(s) within ten (10) days after said 30-day period. If Owner or Authority fail to give notice identifying an appraiser within the time provided and does not cure such failure within five (5) days after receiving written notice thereof from the other party, such party has waived the right to identify an appraiser and the decision of the other party’s appraiser controls. If two (2) appraisers are selected, they must within fifteen (15) days after the selection of the second agree to a third appraiser. If the two (2) appraisers fail to identify the third appraiser within such 15-day period, the either the Authority or Owner may petition the district court (or its equivalent) having jurisdiction over the Property for the appointment of the third appraiser. The three appraisers must each, within 30 days after the appointment of the third appraiser, simultaneously deliver to the Authority and Owner their expert opinions of the Fair Market Value in question. The Fair Market Value is the average of the three appraisals unless one appraisal is more than ten percent (10%) greater or lesser than the average of the other two (2) appraisals, in which case that appraisal is disregarded, and the average of the remaining appraisals is the Fair Market Value. Each party must pay the cost of the appraiser Page 301 of 545 57 4934-3113-0118\2 selected by it and one-half of the cost of the third appraiser. All appraisers must be disinterested and must have the designation, MAI, SRA or equivalent and must have not less than five years’ experience appraising multi-residential “for-sale” units in the business market wherein the Property is located. The appraisers may, but need not, present formal written appraisals supporting their opinion but must, in any event, certify that the report was conducted in accordance with professional standards. The decision of this appraisal process is binding upon the parties and must not be subject to appeal to a court or other body except based upon fraud. The Fair Market Value shall specifically take into account, without limitation, the encumbrance of the Affordable Units by the Affordable Housing Declaration, the reduced rents required under the Affordable Housing Declaration, and the remaining term of the Affordable Housing Declaration at the time Fair Market Value is being determined. b. Closing. The closing of the purchase and sale pursuant to the Purchase Option (the “Closing”) shall occur no later than 30 days after the Authority issues its Election Notice (the “Closing Date”). Owner agrees to deliver possession of the Property to the Authority on the Closing Date. c. Owner’s Closing Deliveries. On the Closing Date, Owner shall execute and deliver to the Authority the following, all in form and content reasonably satisfactory to the Authority: (i) a limited warranty deed (the “Deed”) conveying the applicable Property specified in the Election Notice to the Authority subject only to the Permitted Encumbrances; (ii) a non-foreign affidavit, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations; and (iii) such affidavits, certificates or other documents as may be reasonably required by Title Company in order to record the Deed and issue an ALTA Form Owner’s Policy of Title Insurance insuring title to the Property in the amount of the Purchase Price subject only to the Permitted Encumbrances (the “Title Policy”). d. The Authority’s Closing Deliveries. On the Closing Date, the Authority will execute and/or deliver to Owner the following: (i) Purchase Price; and (ii) such affidavits, certificates or other documents as may be reasonably required by Title Company in order to record the Deed and issue the Title Policy. e. Prorations. If the Authority issues its Election Notice, Owner and the Authority agree to the following prorations and allocation of costs regarding this Agreement and Property purchased by the Authority: i. Title Charges and Closing Fee. Owner will pay all costs for the Commitment. The Authority will pay all title insurance premiums required for the issuance of the Title Policy, including the cost of all additional endorsements thereto. Owner and the Authority will each pay one-half of any closing fee or charge imposed by Title Company. ii. Taxes. Owner shall pay all state deed tax or transfer tax or fee payable in connection with this transaction. Special assessments, if any, shall be paid in full by Owner on or before the Closing Date. Real estate taxes and pending assessments shall be prorated as of the Closing Date. Accordingly, Owner shall pay all real estate taxes and assessments due and payable up to the Closing Date and the Authority shall pay all real estate taxes and assessments due and payable on and after the Closing Date. Page 302 of 545 58 4934-3113-0118\2 iii. Other Income and Expenses. All income (including, without limitation, rents) and other expenses related to the Affordable Units being purchased by the Authority shall be prorated and adjusted as of the Closing Date. iv. Attorney’s Fees. Each of the parties will pay its own attorney’s fees. f. Warranties and Representations by Owner. Owner warrants and represents to the Authority as follows: i. Owner has the requisite power and authority (including all necessary approvals and authorizations) to enter into and perform this Agreement and those closing documents to be signed by it; such documents have been duly authorized by all necessary action on the part of Owner and have been or will be duly executed and delivered; such execution, delivery and performance by Owner of such documents does not and will not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Owner is a party, or any law, statute, rule or regulation by which Owner is bound; such documents are and will be valid and binding obligations of Owner, and are and will be enforceable in accordance with their terms. ii. As of the Closing Date, the Affordable Units will not be subject to any leases or possessory rights of any party other than Owner and residential tenants. g. As-Is. Except as herein expressly stated, the Authority is purchasing the Affordable Units (or the applicable part thereof) based upon its own investigation and inquiry and is not relying on any warranty or representation of Owner or any other person and is agreeing to accept and purchase the Property “as is, where is” subject to the conditions of examination herein set forth and the express warranties and representations herein contained. h. Condemnation; Casualty. If eminent domain proceedings are commenced against all or a part of the Affordable Units being purchased by the Authority, or if all or a substantial part of the property is damaged by fire or other casualty, after delivery of the Election Notice but on or before the Closing Date, Owner shall immediately give written notice to the Authority, and the Authority shall have the right to terminate any exercised Purchase Option by giving written notice of such termination to Owner within 30 days after Owner’s notice of such proceedings is given to the Authority. If the Authority shall fail to give such notice, then the parties shall proceed to Closing, and Owner shall assign to the Authority all rights to appear in and receive any award from such proceedings. i. Broker’s Commission. Owner and the Authority warrant and represent to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any fees or commissions owing to any brokers, finders or the like resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys’ fees. j. Remedies. If the Authority timely exercises the Purchase Option and thereafter defaults in performance of its obligations under this Agreement, Owner shall have the right to terminate this Agreement in the manner provided by Minn. Stat. Sec. 559.21 (inclusive of a minimum 30-day notice and right to cure) as its sole and exclusive remedy. If Owner defaults in performance of its obligations under this Agreement, the Authority will provide written notice Page 303 of 545 59 4934-3113-0118\2 thereof to Owner. If Owner fails to cure such default within 30 days after such notice, the Authority, as its sole and exclusive remedy, shall have the right to seek and obtain specific performance of this this Agreement. Any action for specific performance must be served on Owner within thirty (30) days after delivery of a default notice by the Authority or said right to seek specific performance shall be deemed waived. 9. Notices. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is (a) dispatched by registered or certified mail, postage prepaid, return receipt requested, (b) sent by recognized overnight courier (such as Federal Express), or (c) delivered personally, as follows: In the case of Owner: France Property Partners, LLC 6550 York Avenue South, Suite 207 Edina, MN 55345 Attention: Ted Carlson With a copy to: Maslon LLP 225 South Sixth Street, Suite 2900 Minneapolis, MN 55402 Attention: Jon Septer In the case of the Authority: Housing and Redevelopment Authority of Edina, Minnesota Attention: Executive Director 4801 West 50th Street Edina, MN 55424 with a copy to: Dorsey & Whitney LLP Attn: Jay Lindgren 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 10. Successors and Assigns. This Agreement and the purchase options set forth herein shall inure to the benefit of the Authority and its successors and assigns and be binding upon Owner and the heirs, personal representatives, successors and assigns of Owner, and upon any individual or entity acquiring the Property or any portion thereof, or any interest therein, whether by operation of law or otherwise. 11. Waiver. The waiver by any party hereto of any breach or default of any provisions anywhere contained in this Agreement shall not be deemed to be a waiver of any subsequent breach or default thereof. No provision of this Agreement shall be deemed to have been waived by any party hereto unless such waiver is in writing and signed by the party charged with any such waiver. 12. Joinder; Permitted Encumbrance. Except for the mortgagee consent attached hereto, this Agreement does not require the joinder or approval of any other person and each of the parties respectfully has the full, unrestricted and exclusive legal right and power to enter into this Agreement for the term and upon the provisions herein recited and for the use and purposes hereinabove set forth. This Agreement shall constitute a permitted encumbrance subordinate to any mortgage recorded against the Property. Page 304 of 545 60 4934-3113-0118\2 13. Amendments. Except as otherwise herein provided, and not otherwise, no subsequent alteration, amendment, change, waiver, discharge, termination, deletion, or addition to this Agreement shall be binding upon either party unless in writing and signed by both parties. 14. Attorneys’ Fees. If either party brings an action at law or in equity to enforce this Agreement, the prevailing party in such action, shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party, in addition to any other remedy granted. 15. Governing Law. This Agreement is governed by the laws of the state of Minnesota and, where applicable, the laws of the United States of America. 16. Severability. If any provisions hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 18. Assignments. a. Assignment by the City. During the term of this Agreement, the Authority may not assign or transfer its interest under this Agreement without the prior written consent of Owner. b. Assignment by Owner. Owner may assign or otherwise transfer its interest under this Agreement in connection with any sale or transfer of the Project subject to the terms and conditions of the Redevelopment Agreement. [Remainder of page intentionally left blank; signature pages follow] Page 305 of 545 [Signature Page to Right of Purchase Option Agreement (7200 France Avenue)] 61 4934-3113-0118\2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. AUTHORITY: HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By: _________________________________________ ___________________, Chair By: _________________________________________ ___________________, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, by ___________________ and ___________________, the Chair and Secretary respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. ____________________________________________ Notary Public Page 306 of 545 [Signature Page to Right of Purchase Option Agreement (7200 France Avenue)] 62 4934-3113-0118\2 OWNER: FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by Theodore Carlson, the President of France Property Partners, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public Page 307 of 545 [Signature Page to Right of Purchase Option Agreement (7200 France Avenue)] 63 4934-3113-0118\2 THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 308 of 545 64 4934-3113-0118\2 Exhibit A Legal Description of the Property That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 309 of 545 65 4934-3113-0118\2 CONSENT AND SUBORDINATION The undersigned, ___________________, a ___________________, holder of that certain [Mortgage] executed by __________________, _________________, dated ________________, 20____, filed ________________, 20__, as Document No. ___________, in the office of the County Recorder in and for Hennepin County, Minnesota, and filed ________________, 20____, as Document No. ___________, in the office of the Registrar of Titles in and for Hennepin County, Minnesota, in favor of ________________ (the “Mortgage”), hereby consents to the foregoing Right of Purchase Option Agreement (7200 France) (the “Easement Agreement”), and hereby subjects and subordinates the Mortgage and all of its right, title and interest in and to the Easement Agreement. ___________________________________, a ___________________ By: _________________________________________ Name: _______________________________________ Title: ________________________________________ STATE OF ______________ ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20_____, by ____________________, the _________________ of ___________________, a ___________________, on behalf of the ___________________. ____________________________________________ ____________________________________________ Notary Public Page 310 of 545 66 4934-3113-0118\2 Exhibit I [Intentionally Omitted] Page 311 of 545 K-1 4934-3113-0118\2 Exhibit J Form of Equity and Inclusion Report Equity and Inclusion Report (7200 France Avenue) Project Name & Address: 7200 France Avenue, Edina, Minnesota Developer: France Property Partners, LLC, a Minnesota limited liability company General Contractor: [_________________] Construction Trade Total Hours Worked Hours Worked by Under-Represented Groups % Names of Employers BIPOC Men BIPOC Women Non-BIPOC Women Demolition __% Grading/Excavation __% Carpentry __% Concrete __% Masonry __% Electrical __% Plumbing __% Glass & Glazing __% Painting & Finishes __% Site Work __% Other __% Total __% NA BIPOC includes workers whose ethnicity includes black, indigenous and other people of color Target Actual Good Faith Efforts made? Goal Achieved % Hours worked by BIPOC / minority workers (men and women combined) = Yes or No Yes or No % Hours worked by women (BIPOC and Non-BIPOC combined) = Yes or No Yes or No Page 312 of 545 K-2 4934-3113-0118\2 Summary of Certified* Women-Owned Business Enterprises Name of Business (common name and dba) City & State Description of Trade Value of Sub-Contract *Developer to attach copy of certificate for each subcontractor listed above. The City does not offer independent certification of disadvantaged business entities and will accept certificates issued by recognized third party programs to confirm WBE and MBE status. Self-certification by the subcontractor is not acceptable. Developer shall not be required to independently validate the authenticity of certifications submitted by subcontractors. Summary of Certified* Minority-Owned Business Enterprises Name of Business (common name and dba) City & State Description of Trade Value of Sub-Contract *Developer to attach copy of certificate for each subcontractor listed above. The City does not offer independent certification of disadvantaged business entities and will accept certificates issued by recognized third party programs to confirm WBE and MBE status. Self-certification by the subcontractor is not acceptable. Developer shall not be required to independently validate the authenticity of certifications submitted by subcontractors. Total Cost of Subcontracted Work: Total Subcontracted Work awarded to certified MBEs Total Subcontracted Work awarded to certified WBEs Combined total: $ _______ $ _______ $ _______ _______% Page 313 of 545 K-3 4934-3113-0118\2 Target Actual Good Faith Efforts made? Goal Achieved Total % Subcontracted Work awarded to MBE and WBE 10% of total subcontracted work awarded to MBE and WBE Yes or No Yes or No Summary of Good Faith Efforts Describe below the good faith efforts that were made by Developer to achieve the required objectives set forth in Article 5 (Equity and Inclusion) of the Redevelopment Agreement. Page 314 of 545 K-4 4934-3113-0118\2 Pursuant to and in accordance with Section 5.4 of that certain Redevelopment Agreement dated ______________, 2025 by and among the City of Edina, Minnesota, a Minnesota statutory city (the “City”), the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), and France Property Partners, LLC, a Minnesota limited liability company (“Developer”), Developer hereby represents, warrants, and certifies to the City and the Authority that the information provide in or connection with this report is true and correct in all material respects. DEVELOPER: FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: _________________________________________ Theodore Carlson Its President Page 315 of 545 K-5 4934-3113-0118\2 Exhibit K Form of Minimum Assessment Agreement MINIMUM ASSESSMENT AGREEMENT (7200 France) THIS MINIMUM ASSESSMENT AGREEMENT (“Agreement”) is dated as of ___________, ________ and is between the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”) and France Property Partners, LLC, a Minnesota limited liability company (the “Developer”). Recitals A. The Authority and the Developer have entered into a Redevelopment Agreement, dated as of ___________, 2025 (the “Redevelopment Agreement”), which provides that the Developer will improve the real property described in Exhibit A hereto (the “Land”) by the construction of the Project (as defined in the Redevelopment Agreement) located thereon. The Redevelopment Agreement provides that upon the execution and delivery of the Redevelopment Agreement, the Authority and Developer are to enter into this Agreement. IN CONSIDERATION OF the mutual covenants and benefits herein described, the Authority and the Developer recite and agree as follows: 1. Minimum Market Value. Developer agrees that the minimum market value of the Land and the portion of the Project located thereon for ad valorem tax purposes for the assessment made as of [DATE] shall be not less than $48,000,000, and shall not be reduced by any action taken by the Developer (other than a deed in lieu of, or under threat of, condemnation by the Authority, the City, Hennepin County or other condemning authority), to less than the said amount, and that during the term of this Agreement no reduction of the market value therefor below said minimum market value shall be sought by the Developer or granted by any public official or court. In the event of involuntary conversion of the Land and the portion of the Project located thereon for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. 2. Higher Market Value. Nothing in this Agreement shall limit the discretion of the assessor of the City, Hennepin County, or any other public official or body having the duty to determine the market value of the Land, the portion of the Project located thereon and other facilities on the Land for ad valorem tax purposes, to assign to the Land, the portion of the Project located thereon or to any other improvements constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in Section 1. The Developer shall have the normal remedies available under the law to contest any estimated assessor’s estimated value in excess of said minimum market values, but only to the extent of the excess. 3. 3.01. Assessor Certification. The Authority shall present this Agreement to the assessor of the City and request such assessor to execute the certification attached hereto as Exhibit B. The Developer shall provide to the assessor all information relating to the Land and the portion of the Project located thereon requested by the assessor for the purposes of discharging the assessor’s duties with respect to the certification. Page 316 of 545 K-6 4934-3113-0118\2 4. Filing. Prior to the recording of any mortgage, security agreement other instrument creating a lien on the Land, the Developer shall cause this Agreement to be recorded in the office of the County Recorder or Registrar of Titles of Hennepin County and shall pay all costs of such recording. 5. Relation to Redevelopment Agreement. The covenants and agreements made by the Developer in this Agreement are separate from and in addition to the covenants and agreements made by the Developer in the Redevelopment Agreement and nothing contained herein shall in any way alter, diminish or supersede the duties and obligations of the Developer under the Redevelopment Agreement. 6. Miscellaneous Provisions. a. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Authority and the Developer and their respective successors and assigns, and upon all subsequent owners of the Land and the portion of the Project located thereon. b. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. c. Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the Authority and the Developer. d. Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. e. Applicable Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota. f. Termination Date. This Agreement shall terminate upon the issuance of the Certificate of Forgiveness (as defined in the Redevelopment Agreement) from the Authority to the Developer. [remainder of page intentionally left blank; signature pages follow] Page 317 of 545 7 4934-3113-0118\2 IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed in its name by its duly authorized officers and the Developer has caused this Agreement to be executed in its corporate name. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By: _________________________________________ James B. Hovland, Chair By: _________________________________________ James Pierce, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ______________, ________, by James B. Hovland and James Pierce, the Chair and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. Notary Public Page 318 of 545 8 4934-3113-0118\2 FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company By: Theodore Carlson Its President STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by Theodore Carlson, the President of France Property Partners, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 319 of 545 9 4934-3113-0118\2 EXHIBIT A DESCRIPTION OF LAND That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 320 of 545 10 4934-3113-0118\2 EXHIBIT B ASSESSOR’S CERTIFICATE The undersigned, being the duly qualified and acting assessor of the City of Edina, Minnesota, hereby certifies that: 1. I am the assessor responsible for the assessment of the Land described in the foregoing Minimum Assessment Agreement (the “Agreement”) dated as of _________________, 20___; 2. I have read the Agreement and I have received and read a duplicate copy of the Redevelopment Agreement and the Phase 2 Development Contract referred to in the Agreement; 3. I have received and reviewed the plans for the improvements agreed to be constructed on the 7200 Parcel pursuant to the Redevelopment Agreement and the Phase 2 Development Contract; 4. I have received and reviewed an estimate prepared by Developer of the cost of the 7200 Parcel and the improvements to be constructed thereon; 5. I have reviewed the market value previously assigned to the 7200 Parcel, and the minimum assessed values to be assigned to the 7200 Parcel and/or the improvements thereon by the Agreement is a reasonable estimate; and 6. I hereby certify that the market value assigned to the 7200 Parcel and/or the improvements thereon by the Agreement is reasonable and the market value assigned to the 7200 Parcel and/or the improvements thereon, for the assessment as of _________, 20___, and continuing throughout the term of the Agreement, shall be not less than $____________. Dated: ____________, 20___ City Assessor, City of Edina, Minnesota Page 321 of 545 4934-3113-0118\2 EXHIBIT L CERTIFICATE OF COMPLETION Form of Certificate of Completion with Completion Checklist CERTIFICATE OF COMPLETION (7200 France Avenue) A. FRANCE PROPERTY PARTNERS, LLC, a Minnesota limited liability company (“Developer”), pursuant to the Redevelopment Agreement by and among the CITY OF EDINA, MINNESOTA, a Minnesota statutory city (the “City”), the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA (the “Authority”) and Developer dated effective as of _______________, 2025 (as the same may be amended or supplemented from time to time, the “Redevelopment Agreement”), which Redevelopment Agreement is evidenced of record by that certain Memorandum of Redevelopment Agreement dated ____________, 2024 and recorded on ________________, 2024 in the office of the Registrar of Titles for Hennepin County, Minnesota as Document No. ____________, has agreed to complete the Project, as defined in and in accordance with the Redevelopment Agreement, on that certain real property (the “Property”) located in Hennepin County, Minnesota, described on the attached Exhibit A. B. As of the date hereof, Developer has completed construction of the Phase 2 Minimum Improvements in accordance with the Redevelopment Agreement. C. The issuance of this Certificate of Completion by the City and the Authority is not intended nor shall it be construed to be a warranty or representation by the City or the Authority as to the structural soundness of the Phase 2Minimum Improvements, including, but not limited to, the quality of materials, workmanship or the fitness of the Phase 2 Minimum Improvements for their proposed use. NOW THEREFORE, this is to certify that all construction and other physical improvements specified to be done and made by Developer with regard to the Phase 2 Minimum Improvements have been completed, and the provisions of the Redevelopment Agreement imposing obligations on Developer to construct the Phase 2 Minimum Improvements, are hereby satisfied and terminated, and the Registrar of Titles in and for the County of Hennepin, Minnesota is hereby authorized to record this instrument to be a conclusive determination of the satisfactory termination of said provisions of the Redevelopment Agreement. Dated: ______________, 2024 [Remainder of page intentionally left blank; signature pages follow] Page 322 of 545 4934-3113-0118\2 CITY OF EDINA, MINNESOTA By _____________________, Mayor By _____________________, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _____________, 202___, by ___________ and ___________, the Mayor and City Manager, respectively, of the City of Edina, Minnesota, on behalf of the City of Edina. Notary Public Page 323 of 545 4934-3113-0118\2 HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By _____________________, Chair By _____________________, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20___, by ___________ and ___________, the Chair and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. Notary Public THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 324 of 545 E-4 4934-3113-0118\2 Exhibit A Legal Description of the Property That certain real property located in Hennepin County, Minnesota described as follows: The East 1045 feet of the South 1/2 of the Northeast Quarter of Section 31, Township 28, Range 24, according to the Government survey thereof, except that part embraced within the plat of Oscar Roberts First Addition. Page 325 of 545 5 4934-3113-0118\2 Certificate of Completion Checklist (7200 France Avenue) This is a summary of the deliverable requirements of the Redevelopment Agreement dated _______________, 2025. This sheet is intended to be completed by City staff in connection with Developer’s request for a Certificate of Completion and prior to the issuance of the TIF Note. This sheet is provided for convenience and does not modify the terms of the Redevelopment Agreement. PART ONE Description of Required Public Benefits Satisfactorily Completed (yes or no) Notes A. Completion of the Phase 2 Minimum Improvements A multi-family residential building containing approximately 150 residential units and related site improvements B. Completion of all requirements set forth in Phase 2 Development Contract D. Completion of Affordable Units 15 Affordable Units (three studio, five 1BD, five 1BD + den, two 2BD) PART TWO Description of Required Public Benefits Satisfactorily Completed (yes or no) Notes A. Housing Restrictive Covenant* 30 years, 10% of units B. Right of First Purchase Option* D. Equity and Inclusion Report Must identify outcomes and provide evidence that good faith efforts were made to attain goals E. Payment of equity and inclusion non-compliance penalty, if any (see 5.5.1) F. Minimum Assessment Agreement* Minimum assessed value of $48,000,000 J. Public Crossing Easement Agreement* *Documents must be executed and recorded PART THREE Description of Final Costs Incurred and Gap Analysis Confirmed Amounts Notes B. Confirmation that Developer has submitted final Pro Forma to reflect actual costs Yes or No Page 326 of 545 6 4934-3113-0118\2 C. Confirmation that final Pro Forma reflects Qualified Costs (see 12.2) equal to or greater than the amount of the Loan D. Confirmation that final Pro Forma reflects Cash-on-Cost Return not exceeding 7% A. Confirmation that no Default remains uncured. Yes or No Certificate of Completion Checklist – 7200 France Avenue Prepared by: ________________________________________ ___________________ Signature and Title Date Approved by: ________________________________________ ___________________ Signature, Date Edina City Manager / HRA Executive Director Page 327 of 545 4906-2972-9795\3 First Amendment to Redevelopment Agreement (7200-7250 France Avenue) This First Amendment to Redevelopment Agreement (7200-7250 France Avenue) (this “Amendment”) is made and entered into as of December _____, 2024, among the City of Edina, Minnesota, a Minnesota statutory city (the “City”), the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”) and 7250 France Group, LLC, a Minnesota limited liability company (“Developer”). Recitals: A. The City, the Authority, and Developer are parties to that certain Redevelopment Agreement dated April 18, 2023 (the “Existing Agreement”). The “Agreement” is defined as the Existing Agreement as amended by this Amendment. B. The parties desire to amend the Existing Agreement as set forth herein. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Recitals; Definitions; Exhibits. The Recitals are true and correct statements of fact and are incorporated into this Amendment by this reference, including the definitions set forth therein. Each capitalized term used herein and the Recitals, unless otherwise defined, shall have the respective meaning ascribed to such term in the Existing Agreement. All Exhibits referred to in and attached to this Amendment are incorporated in and form a part of this Amendment as if fully set forth herein. 2. Available Tax Increments. The term “Available Tax Increments” is hereby amended to mean up to 80% of the Tax Increments received and retained by the Authority from the County during any applicable time frame. Any reference to the Available Tax Increments in the Agreement shall mean the Available Tax Increments as defined in this Amendment. 3. Exhibit H – Form of TIF Notes. Exhibit H (Form of TIF Notes) attached to the Existing Agreement is hereby deleted in its entirety and replaced with Exhibit H attached hereto. Each TIF Note shall be issued in substantially the form attached hereto. 4. Commencement and Completion of Minimum Improvements. Section 4.1 of the Existing Agreement is hereby amended and restated as follows: “4.1 Commencement and Completion of Minimum Improvements. The timeline for the Commencement and Completion of the Minimum Improvements is identified in this Section 4.1. Following Commencement, construction or other activity must continue in a sequence consistent with normal redevelopment and construction practices. Failure to meet any of the dates identified as “Default Date” shall be considered a Default, unless mutually determined to be the result of Unavoidable Delay. The Commencement and Completion timeline for the Minimum Improvements is as follow: Page 328 of 545 2 4906-2972-9795\3 Phase 1 Minimum Improvements Description of Work Commencement Date Completion Date Anticipated Default Date* Anticipated Default Date* Foundation 08/01/2024 05/01/2025 10/01/2024 09/01/2025 Building Shell Construction 02/01/2025 10/01/2025 02/01/2026 3/31/2027 Public Benefit Improvements Construction 06/01/2025 5/01/2026 02/01/2025 3/31/2027 Completion of Phase 1 Minimum Improvements Not applicable Not applicable 02/01/2025 3/31/2027 Phase 2 Minimum Improvements Pad Site Preparations 6/1/2024 Not applicable Not applicable 3/31/2027 Phase 2 Minimum Improvements Description of Work Commencement Date Completion Date Anticipated Default Date* Anticipated Default Date* Phase 2 City Approvals 10/11/2024 07/11/2025 12/31/2024 4/1/2025 Phase 2 Pad Site Preparation 9/1/2025 Not applicable Not applicable 5/31/2027 Building Shell Construction 11/1/2025 Not applicable Not applicable 09/1/2027 Completion of Phase 2 Minimum Improvements Not applicable Not applicable 10/04/2024 12/31/2027 *Notwithstanding the foregoing or anything else in this Agreement to the contrary, in accordance with, and subject to the terms of, Section 10.9, the Authority’s Authorized Representative is authorized to approve extensions of one or more of the above Default Dates, not to exceed one (1) year beyond the applicable above-stated Default Date(s), if and to the extent any such extension(s) is/are reasonably requested by Developer. 5. Ratification. Except as specifically modified by this Amendment, the terms and provisions of the Existing Agreement shall remain in full force and effect. 6. Binding Effect. This Amendment amends and supplements the Existing Agreement. If there is a conflict between the provisions of the Existing Agreement and this Amendment, the provisions of this Amendment shall control. This Amendment shall be binding upon and inure to the benefit of the City, the Authority, Developer, and their respective successors and assigns. Page 329 of 545 3 4906-2972-9795\3 7. Counterparts. This Amendment may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8. Electronic Signatures and Copies. Each party agrees that any electronic signature of a party to this Amendment, whether digital or encrypted, is intended to authenticate the execution of this Amendment by the party and shall bind the party to its terms and conditions with the same force and effect as an original signature. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a person with the intent to sign the record, including DocuSign or other electronic signatures. A copy of a signature of a party to this Amendment, including a scanned, PDF, facsimile electronic or other copy, shall bind the party to its terms and conditions with the same force and effect as an original signature. All parties shall execute original signatures of the Amendment upon request. [Remainder of page intentionally left blank; signatures on following page(s)] Page 330 of 545 [Signature Page to First Amendment to Redevelopment Agreement] 4906-2972-9795\3 IN WITNESS WHEREOF, the City, the Authority, and Developer have caused this Amendment to be duly executed in their names and on their behalf, all on or as of the date first above written. City of Edina, Minnesota By: ______________________________________ James B. Hovland, Mayor By: ______________________________________ Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2024, by James B. Hovland and Scott H. Neal, the Mayor and City Manager, respectively, of the City of Edina, Minnesota, on behalf of the City of Edina. Notary Public Page 331 of 545 [Signature Page to First Amendment to Redevelopment Agreement] 4906-2972-9795\3 Housing and Redevelopment Authority of Edina, Minnesota By: ______________________________________ James B. Hovland, Chair By: ______________________________________ James Pierce, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2024, by James B. Hovland and James Pierce, the Chair and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. Notary Public Page 332 of 545 [Signature Page to First Amendment to Redevelopment Agreement] 4906-2972-9795\3 7250 France Group, LLC a Minnesota limited liability company By: ______________________________________ Theodore Carlson Its President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ______________, 202___, by Theodore Carlson, the President of 7250 France Group, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public Page 333 of 545 H-1 4863-2456-7896\1 Exhibit H Form of TIF Note LIMITED REVENUE TAXABLE TAX INCREMENT NOTE (7200-7250 France Avenue) No. R- $[__________] UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF EDINA HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA LIMITED REVENUE TAXABLE TAX INCREMENT NOTE The HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA (the “Authority”) acknowledges itself to be indebted and, for value received, promises to pay to the order of 7250 FRANCE GROUP, LLC, a Minnesota limited liability company (“Developer”), solely from the source, to the extent and in the manner hereinafter provided, up to the principal amount of this Limited Revenue Taxable Tax Increment Note (this “Note”) as provided herein, together with simple interest thereon accrued on the unpaid principal balance hereof from the date hereof, at the rate of interest of [____________] percent ([____]%) per annum, on the Payment Dates (as hereinafter defined). This Note is executed and delivered in accordance with the terms and conditions of that certain Redevelopment Agreement dated as of April 18, 2023, by and among the City of Edina, Minnesota (the “City”), the Authority and Developer (as the same may be amended, modified, and/or supplemented from time to time, the “Redevelopment Agreement”), and is subject to the terms, conditions, and limitations on payment set forth therein, including, without limitation, the provisions of Section 3.5 (TIF Assistance and Potential Adjustment) of the Redevelopment Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meaning given to them in the Redevelopment Agreement. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to Developer and mailed to Developer at its postal address within the United States which shall be designated from time to time by Developer. This Note is a special and limited obligation and not a general obligation of the Authority, which has been issued by the Authority pursuant to, and in full conformity with, the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1794 (the “TIF Act”), and the terms and conditions of the Redevelopment Agreement and a resolution of the Board of the Authority, to aid in financing a “project” (as defined in Minnesota Statutes, Section 469.174, subdivision 8) of the Authority within the 72nd and France Tax Increment Financing District established by the Authority pursuant to Resolution No.______ (the “TIF District”). Page 334 of 545 H-2 4863-2456-7896\1 Subject to the terms of the Redevelopment Agreement, principal of and interest on this Note shall be payable solely from and in the amount of Available Tax Increments (as hereinafter defined) on each February 1 and August 1 commencing on the later of August 1, 2026 or the first February 1 or August 1 immediately following the date hereof (the “Payment Dates”). On each Payment Date, the Authority shall apply Available Tax Increments to the payment of principal of and interest on this Note. To the extent that the Authority is unable to pay the total principal and interest due on this Note at or prior to February 1, 2041 (the “Maturity Date”) as a result of its having received as of such date insufficient Available Tax Increments, such failure shall not constitute a default under this Note and the Authority shall have no further obligation to pay unpaid balance of principal or accrued interest that may remain after such Maturity Date. All payments made by the Authority on this Note shall be applied first to accrued interest and then to the principal amount of this Note. If Available Tax Increment is insufficient to pay any accrued interest due, such unpaid interest shall be carried forward without interest. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. “Available Tax Increments” means up to 80% of the tax increments derived from the property within the TIF District which have been actually received and retained by the Authority from the County of Hennepin, Minnesota, pursuant to the TIF Act, for the six months before each Payment Date. EXCEPT AS TO THE OBLIGATION TO MAKE PAYMENTS FROM THE AVAILABLE TAX INCREMENTS, THIS NOTE IS NOT A DEBT OF THE AUTHORITY, THE CITY, OR THE STATE OF MINNESOTA (THE “STATE”), AND NEITHER THE AUTHORITY, THE CITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENTS. Upon an Event of Default by Developer under the Redevelopment Agreement, the Authority may exercise the remedies with respect to this Note described in the Redevelopment Agreement, the terms of which are incorporated herein by reference, including, without limitation, the suspension or termination of the Authority’s obligation to make any payments under this Note. For avoidance of doubt, the terms of Redevelopment Agreement incorporated herein by the foregoing reference, shall, for purposes of this Note, survive any termination of the Redevelopment Agreement occurring after the issuance of this Note. The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Note. Developer shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority or the City or any other public body, and neither the Authority nor the City nor any director, commissioner, council member, board member, officer, employee or agent of the Authority or the City, nor any person executing or registering this Note shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. THE AUTHORITY MAKES NO REPRESENTATION, COVENANT, OR WARRANTY, EXPRESS OR IMPLIED, THAT THE AVAILABLE TAX INCREMENTS WILL BE SUFFICIENT TO PAY, IN WHOLE OR IN PART, THE PRINCIPAL OF AND INTEREST ON THIS NOTE. NO HOLDER OF THIS NOTE SHALL HAVE RIGHTS AGAINST THE AUTHORITY EXCEPT FOR DISTRIBUTION OF AVAILABLE TAX INCREMENTS. Page 335 of 545 H-3 4863-2456-7896\1 Except as otherwise provided in the Redevelopment Agreement, this Note shall not be assignable or transferable without the prior written consent of the Authority. Any assignee or transferee must execute and deliver to the Authority a certificate, in form and substance reasonably satisfactory to the Authority, pursuant to which, among other things, such assignee or transferee acknowledges and represents: (i) the limited nature of the Authority’s payment obligations under this Note, (ii) that this Note is being acquired for investment for such assignee’s or transferee’s own account, not as a nominee or agent, and not with a view to the resale or distribution of any part thereof, (iii) that the assignee or transferee has no present intention of selling, granting any participation in, or otherwise distributing the same, (iv) that the assignee or transferee is an “accredited investor” within the meaning of Rule 501 of the Regulation D under the Securities Act of 1933, as amended, (v) that the assignee or transferee, either alone or with such assignee’s or transferee’s representatives, has knowledge and experience in financial and business matters and is capable of evaluating the merits and risks of the prospective investment in this Note and the assignee or transferee is able to bear the economic consequences thereof, (vi) that in making its decision to acquire this Note, the assignee or transferee has relied upon independent investigations made by the assignee or transferee and, to the extent believed by such assignee or transferee to be appropriate, the assignee’s or transferee’s representatives, including its own professional, tax and other advisors, and has not relied upon any representation or warranty from the Authority, or any of its officers, employees, agents, affiliates or representatives, with respect to the value of this Note, (vii) that the Authority has not made any warranty, acknowledgment or covenant, in writing or otherwise, to the assignee or transferee regarding the tax consequences, if any, of the acquisition and investment in this Note, (viii) that the assignee or transferee or its representatives have been given a full opportunity to examine all documents and to ask questions of, and to receive answers from, the Authority and its representatives concerning the terms of this Note and such other information as the assignee or transferee desires in order to evaluate the acquisition of and investment in this Note, and all such questions have been answered to the full satisfaction of the assignee or transferee, (ix) that the assignee or transferee has evaluated the merits and risks of investment in this Note and has determined that this Note is a suitable investment for the assignee or transferee in light of such party’s overall financial condition and prospects, (x) that this Note will be characterized as “restricted securities” under the federal securities laws because this Note is being acquired in a transaction not involving a public offering and that under such laws and applicable regulations such securities may not be resold without registration under the Securities Act of 1933, as amended, except in certain limited circumstances, and (xi) that no market for this Note exists and no market for this Note is intended to be developed. This Note is issued pursuant to the Redevelopment Agreement and resolutions of the Board of the Authority and is entitled to the benefits thereof, which Redevelopment Agreement and resolutions are incorporated herein by reference. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority or the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority or the City to exceed any constitutional or statutory limitation thereon. [Remainder of this page intentionally left blank; signatures on following page] Page 336 of 545 H-4 4863-2456-7896\1 IN WITNESS WHEREOF, the Board of the Housing and Redevelopment Authority of Edina, Minnesota, has caused this Note to be executed by the manual signatures of the Chair and the Secretary of the Authority, and has caused this Note to be dated as of the date of original issue specified above. Chair Secretary Page 337 of 545 7200 France SPARC Loan December 19, 2024 Prepared by: Stephanie Hawkinson, Affordable Housing Development Manager Page 338 of 545 Background - Site Location 2 Page 339 of 545 7200 France: As Is Page 340 of 545 7200 France: Requires Financial Assistance Page 341 of 545 5 •Redevelop with modern facilities that create jobs and add vitality to Greater Southdale •Create north-south road and bike/pedestrian trail between Gallagher and 72nd St as alternate to France Avenue •Streetscape, lighting, sidewalks, landscaping along France, Gallagher & 72nd •Permanent public easements (16,000 sq ft) •Privately constructed and privately maintained •City will continue to remove snow on France Ave sidewalk •Allow future Metro Transit bus stops Existing Redevelopment Agreement Page 342 of 545 Existing TIF District: 72nd & France 2 Redevelopment •Established in 2023 to assist in financing public realm improvements as part of the redevelopment of the 7200 and 7250 sites. •90% of TIF District Revenue pledged: •Up to $5,935,000 TIF Note to reimburse redevelopment costs upon completion of public realm improvements and 7250 office building •Amount expected solely from 7250 site over 26-year maximum term •Eligible for an additional $1,615,000 TIF Note to reimburse original public realm costs upon development of 7200 site •Contingent on additional TIF proceeds being available from improved value •HRA retains 10% for admin and/or pooling expense Page 343 of 545 Housing Affordability: 2 Scenarios 1.A deviation to the Affordable Housing policy (12 units or 8%) to accomplish 2 goals: 1.Reduced the amount gap needed for the development; and 2.Address alternate public purpose expressed for permanent affordability. This may require an amendment to the approved PUD. 2. A deviation to the Affordable Housing policy10% of the units (15) to be affordable for perpetuity Requires additional gap financing to move forward. 7200 France Proposal: 150 unit apartment Page 344 of 545 •Resolution 2024-50: “ The Phase 2 project must provide the required affordable housing units within the building to be compliant with the City’s affordable housing policy. “ •PUD Ordinance No. 2024-05: “For any housing development, affordable housing units must be included in the project per the City’s affordable housing policy at the time of final approval. “ Adopted PUD and Preliminary Site Plan Approval New Multifamily Affordable Housing Policy: “Any specific projects requesting exemptions to the affordable housing requirements of this policy must seek recommendation from the Edina HRA and approval from the Edina City Council based on alternative public purpose. “ “New rental housing will remain affordable for a minimum of 20 years if seeking a PUD and zoning amendment without City financing or 30-years if City financing is approved. “ Page 345 of 545 Additional Public Benefits: Improving Equity and Inclusion on the Job Site 21 _____________________ Housing & Redevelopment Authority Image Source: Commercial Construction and Renovation •Goals identified for each Lot •10% of contracts awarded to qualified MBE and WBE companies •15% of total job hours filled by BIPOC workers •5% of total job hours filled by women •Good faith efforts required •Developers must implement “Equity and Outreach Plan”, monitor progress and report results •Penalty imposed if no effort made Page 346 of 545 72nd & France 2: 10-year Historical Tax Base Growth •Declining tax value since 2017•Represented 0.15% of total Edina Tax Base •0.11% prior to demolition in 2022 •Currently 0.09% •City-wide cumulative growth of 69% during period Page 347 of 545 72nd & France 2: Proposed Tax Base Growth •Proposed Redevelopment of both sites •764% growth in taxable value •0.78% of City’s total tax base •8.3x increase in share of total tax base Page 348 of 545 Budget Proforma: 2 Possibilities Sources Scenario 1 Scenario 2 Bank Loan $ 35,969,120 65.0%$ 35,969,120 65.0% Investor Cash $ 13,800,167 24.9%$ 12,706,355 23.0% SPARC Loan $ 3,768,646 6.8%$ 4,862,458 8.8% Construction Fee Equity $ 735,000 1.3%$ 735,000 1.3% Development Fee Equity $ 1,064,175 1.9%$ 1,064,175 1.9% TOTAL SOURCES $ 55,337,108 $ 55,337,108 Uses Acquisition $ 5,000,000 9.0% Construction $ 41,675,000 75.3% Municipal/City Fees $ 1,297,499 2.3% Financing and Closing Costs $ 2,349,906 4.2% Soft Costs (architecture, legal, etc)$ 5,014,703 9.1% TOTAL USES $ 55,337,108 Page 349 of 545 1.Investor returns – Need to be competitive to attract capitol. 2.Interest rates - Volatile 3.65 parking stalls for 7250 4.Inclusion of affordable housing units – downward pressure on NOI 5.Sustainable building policy 6.Exterior design elements Cost Drivers Page 350 of 545 Recommended Loan Terms 1.Delivery of “Go-Ahead” letter by July 1, 2025; 2.Deposit SPARC funds with escrow agent. 1.Draw on funds during construction period until December 1, 2025. 3.Develop150 units of residential housing. 4.Create 15 affordable units. 5.Comply with Sustainable Building Policy. 6.Supply a Certificate of Completion 7.Loan forgiven upon proving up qualified costs. 1.If there are cost savings during construction, SPARC loan will be refunded so the Return on Costs does not exceed 7.0%. 8.A Declaration of Restrictive Covenants recorded against the property. 14 gap Page 351 of 545 History of SPARC The 2021 state special legislation enabled Edina to create a $9.3 million SPARC program to encourage private development. •Provide improvements to the private development, •Provide loans or interest rate subsidies to private development, •Make investments in a corporation, partnership, or limited liability company. HRA authorized SPARC program via Resolution No. 2021-13. The Deadline to spend is December 31, 2025 SPARC funds are a “use it or lose it” source Page 352 of 545 Requirements of SPARC •Each project MUST deliver new construction or substantial rehabilitation of brick and mortar structures. •Each project MUST create jobs, including (at a minimum) construction jobs. •Each project MUST be determined to be unable to proceed without public funding.Example of a use of SPARC funds: The Finch Page 353 of 545 Use of SPARC Funds Beginning Balance $9,343,829 Awarded Edina Theater $801,000 Edina Innovation Lab $816,000 The Finch $2,000,000 Small Business Grants $273,000 7200 France (Scenario 2)$ 4,862,458 Remaining: Scenario 1 $1,685,183 Scenario 2 $591,371 Page 354 of 545 Today’s Request Approve Redevelopment Agreement for 7200 France and First Amendment to the 7200-7250 Redevelopment Agreement. 7200 Redevelopment Agreement Scenario 1. $3.8 MM SPARC Loan •Approving deviation from Affordable Housing Policy to allow for 8% of the units (12) to be affordable for perpetuity. •Requires an amendment to the PUD Scenario 2: $4.86 MM SPARC Funds •10% of the units (15) affordable for perpetuity Page 355 of 545 Request for SPARC Financial Participation 3 _____________________ Housing & Redevelopment Authority Questions to Consider 1.Are the SPARC funds spurring development? 2.Is it preferrable to use time limited SPARC funds to spur the development of this site or wait for a development that may not need gap financing? •A lower value development or a longer time as a vacant site requires a longer duration of the TIF District. 3.Which is preferrable – 8% of the units affordable in perpetuity, or 10% of the units affordable in perpetuity? The first option requires and amendment to the PUD. Page 356 of 545 Proposed Redevelopment Agreement Amendment •Hypothetical #1: 7200 remains vacant for surface parking •Hypothetical # 2: Proposed amendment to assist redevelopment into 150-unit apartment building •Hypothetical #3: Future 7200 alternative development (commercial) 7200 France Avenue currently: vacant parcel* Net of Fiscal Disparities Contributions Page 357 of 545 Proposed Redevelopment Agreement Amendment •Hypothetical #1: 7200 site as is •Up to $5,935,000 TIF Note to reimburse redevelopment costs upon completion of public realm improvements and 7250 development •Expected to be repaid over 26 years •Eligible for an additional $1,615,000 TIF Note to reimburse original public realm costs, payable upon development of 7200 site •As surface parking, HRA not obligated to provide TIF reimbursement •HRA retains 10% for admin and/or pooling •26-years: provides $685,000 funding capacity for redevelopment infrastructure or affordable housing •TIF District decertified after 2051 Page 358 of 545 Proposed Redevelopment Agreement Amendment •Hypothetical #2: Provide SPARC and amend existing pledge to 80% •Up to $5,935,000 TIF Note to reimburse redevelopment costs upon completion of public realm improvements and 7250 development •Eligible for an additional $1,615,000 TIF Note to reimburse original public realm costs upon development of 7200 site •With 7200 as apartments, both TIF Note amounts expected to be repaid within 16-year term •HRA retains 20% for admin and/or pooling •16-years: provides HRA $2.3 million funding capacity for redevelopment infrastructure or affordable housing •TIF District potentially decertified by 2041 Page 359 of 545 Proposed Redevelopment Agreement Amendment •Hypothetical #3: Wait for future 7200 alternative (commercial) •Up to $5,935,000 TIF Note to reimburse redevelopment costs upon completion of public realm improvements and 7250 development •Eligible for an additional $1,615,000 TIF Note to reimburse original public realm costs upon development of 7200 site •As commercial retail, TIF reimbursement estimated to occur over 26 years •HRA retains 10% for admin and/or pooling •26-years: provides $907,000 funding capacity for redevelopment infrastructure or affordable housing •TIF District decertified after 2051 Page 360 of 545 Proposed Redevelopment Agreement Amendment •72nd & France TIF District Scenario Comparison Hypothetical 1 Hypothetical 2 Hypothetical 3 7200 Development:Surface Parking 150-unit Apartment Commercial Site TIF Pledge to 7250:90%80%90% Net Tax Capacity Increase:---+ 600,409 + 178,287 HRA Funding for Pooling:685,000 2,300,000 907,000 Expected Decertification:2051 2041 2051 Page 361 of 545 Forecasted Need Approved % of Need Completed % of Need Total Units 1804 641 35.5%322 17.8% <30% AMI 751 22 2.9%22 2.9% 31-50% AMI 480 243 50.6%155 32.3% 51-80% AMI*573 320 55.8%179 31.2% Affordable Housing Scorecard Page 362 of 545 Impact of Affordable Housing Policy 0 50 100 150 200 250 300 350 400 450 Inclusionary Housing 100% Affordable NOAH Preservation Single Family Ownership Affordable Housing Creation Before and After Adoption of Affordable Housing Policy 2015-2024 2004-2014 100% affordable units include the conversion of Residence Inn Page 363 of 545 Supporting Documentation Page 364 of 545 Continuing Need for Rental Housing Page 365 of 545 29 Headwinds: Regional Housing Market Conditions ●Underproduction impacting regional housing needs ●Lower rent growth but risk of regional shortages ●Housing shortages across income levels increasing pressure on affordability ●Vacancy rates show regional stress Sharp Decline in Multi Family Permits Page 366 of 545 Timing: Development Process 1.Site Plan Approval Developers first need to have a development that complies with the zoning code, which is agnostic on ownership status. 2. Financing Approval The process for obtaining financial approval cannot commence until the Developer knows the parameters of the approved development. 3.Seasonal Considerations To avoid extra costs (increasing the gap) for winter conditions, construction needs to commence by late spring. Final construction documents require 4-5 mos. to become permit ready. Page 367 of 545 Housing in Edina IF HOUSEHOLD EARNS (2 ppl) $29,820 $49,700 $59,640 $79,520 $99,400 $119,280 <30% AMI 31-50% AMI 51-60% AMI 61-80% AMI 81-100% AMI 101-120% AMI THE MAXIMUM RENT YOU CAN AFFORD IS $699 $1,165 $1,398 $1,864 $2,485 $2,982 THE MAXIMUM HOME YOU CAN AFFORD IS $73,900 $142,200 $176,400 $244,700 $313,000 $381,400 TYPICAL HOUSING TYPE FOR THIS INCOME IS Publicly Subsidized Apartment Existing NOAH or Subsidized New Apartment Existing NOAH or Subsidized New Apartment/ Condo Existing NOAH or Subsidized New Apartment/ Condo/CLT House New Apartment/ NOAH or subsidized Condo New Apartment/ NOAH or subsidized Condo 31 Median Rent* $1,700 Median Income $126,420 $696,600 Median Home Value** *Includes efficiencies and 1 bedroom units **Requires a $177,813 HH Income Page 368 of 545 Edina Residents: % of Households at various incomes* IF HOUSEHOLD EARNS (2 ppl) $29,820 $49,700 $59,640 $79,520 $99,400 $119,280 <30% AMI 31-50% AMI 51-60% AMI 61-80% AMI 81-100% AMI 101-120% AMI THE MAXIMUM RENT YOU CAN AFFORD IS $699 $1165 $1,398 $1,864 $2,485 $3,726 THE MAXIMUM HOME YOU CAN AFFORD IS** $73,900 $142,200 $176,400 $244,700 $313,000 $490,137 TYPICAL HOUSING TYPE FOR THIS INCOME IS Publicly Subsidized Apartment Existing NOAH or Subsidized New Apartment Existing NOAH or Subsidized New Apartment/ NOAH Condo Existing NOAH or Subsidized New Apartment/NOAH Condo/ CLT House New Apartment/ NOAH or subsidized Condo/ CLT House New Apartment/ NOAH or subsidized Condo 32 <$25K 14.4% $25K-$50K 7.2% $50K-$75K 11.4% $75K-$100k 9.3% $100K-$150K 14.9% >$150K (42.9%) *2022 American Community Survey Page 369 of 545 Ownership & rental demographics According to census data, 74.8% of White Edina residents own their homes and 25.2% rent. Conversely, 19.8% of Black/African American Edina residents own their homes and 80.2% rent. Action: Increase the supply of affordable home ownership opportunities AND continue providing affordable rental options that meet the needs of a diverse population. 33Page 370 of 545 34 Headwinds: Pressure on What Rent Covers Source: National Apartment Association, 2023 Breaking Down $1 of Rent in Minnesota ●72 cents on a dollar of rent goes toward financing and operating costs. ●Non-profit affordable owner/investor is lower at an estimated 2 cents per $1 of rent. ●When operating expenses and taxes increase without modifying rental income, the pie chart shifts. Page 371 of 545 d PURCHASE REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.13 Prepared By: Chad Millner, Engineering Director Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: Professional Services for Storm Water and Sanitary Sewer Modeling Action Requested: Approve Request for Purchase for Professional Services for Storm Water and Sanitary Sewer Modeling with Barr Engineering for $340,000. Information/Background: Barr Engineering has provided general storm water and sanitary sewer modeling support for requests that arise throughout the year. These requests typically pertain to the City’s stormwater and sanitary systems and are often related to development and associated permitting, evaluating stormwater management and flood mitigation opportunities related to street reconstruction projects, and conducting annual updates to the City’s stormwater management model. This is a two year contract. Requisition Number: 12400272 Funding Source: Storm Sewer & Sanitary Sewer Funds Vendor: Barr Engineering Equipment Status: NA Cost: $340,000 Resources/Financial Impacts: This work is budgeted 90% from the storm sewer fund and 10% from the sanitary sewer fund. Relationship to City Policies: This work aligns with the Water Resources Plan, the Comprehensive Plan, and with residential and commercial permitting requirements. Budget Pillar: Strong Foundation Livable City Values Impact: Page 372 of 545 Stewardship Reviewing flow models with projects ensures our infrastructure can handle the specific request. Sustainability Reviewing flow models with projects ensures our infrastructure can be resilient to future needs. Supporting Documentation: 1. Barr Engineering General Services Support for 2025 and 2026 Agreement Page 373 of 545 barr.com December 24, 2024 Chad Millner, Director of Engineering City of Edina, Public Works 7450 Metro Blvd Edina, MN 55439 Re: Proposal for Providing General Engineering Support Services for 2025 and 2026 Dear Mr. Millner: Thank you for the opportunity for Barr Engineering Co. (Barr) to provide a proposal for providing general engineering support services to the city of Edina (City) in 2025 and 2026. We value our long-term relationship and partnership with the City and are dedicated to continuing our collaborative efforts to support its infrastructure, policy, and program needs. Project Understanding We understand that the City would like Barr to continue providing general engineering support for requests that arise throughout the year. These requests typically pertain to the City’s stormwater and sanitary systems and are often related to development and associated permitting, evaluating stormwater management and flood mitigation opportunities related to street reconstruction projects, and conducting annual updates to the City’s stormwater management model. Our team of engineers and scientists are committed to providing ongoing support to assist the City with its engineering needs. Key aspects of our general engineering support include: • Collaboration with City Staff: Working closely with the City’s staff to leverage our combined expertise in determining the best engineering solutions. • Ongoing Consultation: Availability to address inquiries as they come in, including but not limited to, stormwater and sanitary sewer related inquiries. • Expertise and Experience: Access to a team of engineers and scientists with extensive knowledge of the City’s stormwater and sanitary sewer systems. • Timely Responses: Prompt handling of requests to ensure quick resolution of issues. • Customized Solutions: Suggestions and solutions tailored to meet the specific needs of each situation. Budget Our estimated cost to provide general engineering support services is $170,000 per year for 2025 and 2026; a total of $340,000 over the next two years. Page 374 of 545 Chad Millner, Director of Engineering December 24, 2024 Page 2 P:\Mpls\23 MN\27\2327354\WorkFiles\ProjRiskMgmt\ Proposal - Edina General Services Support for 2025 and 2026.docx Key Project Team Members The following is a list of key individuals who will be supported by additional staff, as needed, to complete each support service request. Sarah Stratton, CFM, Vice President, Senior Water Resources Scientist Barr’s principal-in-charge for general support service requests and will oversee stormwater-related requests, as well as any other miscellaneous requests. Brandon Barnes, PE, Vice President, Senior Water Resources Scientist Vice President who will oversee all sanitary related requests. Michael McKinney, PE, Senior Water Resources Engineer Senior project engineer for stormwater and sanitary related requests. Kelly Miller, PE, Senior Water Resources Engineer Senior project engineer for annual updates to the City’s stormwater model. Cory Anderson, PE, Senior Water Resources Engineer Additional technical resource for stormwater related requests. We propose to complete all work on a time and expense basis. Barr will complete the proposed scope of work in accordance with the Master Agreement for Professional Engineering Services. We will not exceed $170,000 in any given year without prior approval from the City and will not exceed $340,000 over the two-year period without prior approval from the City. We appreciate the opportunity to continue providing engineering services to the City and look forward to working with you. Thank you for your trust and collaboration. If the proposed scope of services is satisfactory, please sign a copy of this letter in the space provided and return to us. If you have any questions about this proposal, please contact Sarah Stratton (Principal-in-Charge) at 952-832-2860 (sstratton@barr.com). Sincerely, BARR ENGINEERING CO. Sarah Stratton Its Vice President Accepted this ____________ day of ___________________, 2024 City of Edina By Its Page 375 of 545 d PURCHASE REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.14 Prepared By: Chad Millner, Engineering Director Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: Professional Services for Final Design & Bidding Documents for Wooddale Avenue Bridge Action Requested: Approve Request for Purchase for Professional Services for Final Design & Bidding Documents for Wooddale Avenue Bridge with SEH, Inc for $278,574. Information/Background: This proposal is for final design and bidding documents for the Wooddale Avenue Bridge. These documents will allow us to pursue grant funding to ultimately construct the replacement bridge. This bridge is listed in the National Register of Historic Places. Because of the bridge’s listing in the register, and the language in the recently signed Memorandum of Agreement (MOA), we will continue to retain Hess Roise as historical consultants. They will continue as a plan reviewer in keeping with the MOA to ensure the plans & specs are in compliance with the Secretary of the Interior Standards. They will continue consultation with the US Army Corps of Engineers, MnDOT CRU, and the State Historic Preservation Office (SHPO). Requisition Number: 12400273 Funding Source: Grants & MSA Vendor: SEH, Inc. Equipment Status: Replacement Cost: $278,574 Resources/Financial Impacts: This contract will allow us to seek grant funding to supplement Municipal State Aid (MSA) funding to replace the bridge. Relationship to City Policies: This project is listed in the Capital Improvement Plan and meets the goals of the Pedestrian & Bicycle Master Plan and Comprehensive Plan. Budget Pillar: Strong Foundation Page 376 of 545 Better Together Values Impact: Stewardship Replacing infrastructure when it is due is sound asset management practice. Engagement The public provided feedback on the design of the bridge. Supporting Documentation: 1. SEH Final Design Wooddale Bridge Agreement Page 377 of 545 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action-Equal Opportunity Employer December 20, 2024 RE: City of Edina Proposal for Wooddale Avenue Bridge over Minnehaha Creek – Final Design and Construction Plans & Specs Mr. Chad Millner, PE Director of Engineering City of Edina Engineering and Public Works Facility 7450 Metro Boulevard Edina, MN 55439 Chad: Short Elliott Hendrickson Inc. (SEH®) is submitting this proposal for final design of the Wooddale Avenue Bridge over Minnehaha Creek. This proposal is for final design and the production of final plans and specs to allow the City to pursue bridge construction funding and to ultimately construct the replacement bridge. This bridge is identified by MnDOT as Bridge No. 90646 and is listed in the National Register of Historic Places. Because of the bridge’s listing in the register, and the language in the recently signed Memorandum of Agreement (MOA) we will continue to retain Hess Roise as historical consultants. Charlene Roise will continue her role as a plan reviewer in keeping with the MOA. She will review plans & specs for compliance with the Secretary of the Interior Standards and will continue consultation with the US Army Corps of Engineers, MnDOT CRU, and the State Historic Preservation Office (SHPO). She also will work on mitigation for the replacement of the historic bridge. This will involve documentation and interpretive panels to be placed nearby. This proposal includes all work as described in the attached spreadsheet. It does not include recently completed work for geotechnical analysis and foundation recommendations and the bridge/creek hydraulics. This work was performed by others during the preliminary engineering portion of the project. I will continue as Project Manager and will utilize the SEH bridge staff for design and plans. William Bauer will lead the civil component which will consist of design and plans for the approach roadway. Schedule SEH will produce final preliminary plans for approval by the MnDOT State Aid Bridge office, then proceed into final design. Preliminary plans will be completed by March 2025. Final plans will be completed by September 2025 submitted to SA Bridge Office, approved and signed by the State Bridge Engineer. Page 378 of 545 Mr. Chad Millner, PE December 20, 2024 Page 2 Compensation If accepted, this proposal describes scope and budget for Final Design, Plans and Specifications. Hours and fee are documented on the attached spreadsheet. In general, these services will be provided: · SEH: Final Design for bridge and roadway. Construction plans, specs, and cost estimates for the replacement bridge and associated approach roadways. Coordination with plan submittals with City staff and the MnDOT State Aid Bridge Office. Utility coordination, permitting, and coordination with other project stakeholders: $255,824 · Hess Roise: Historical consultation, review of preliminary and final plans, historic bridge mitigation services: $22,750 · Total amount of Contract: $278,574 We will bill the City monthly for labor and reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Engineering Services dated June 4, 2013, herein called the Agreement. This Proposal, Scope/Cost Spreadsheet, and the Agreement represent the entire understanding between the City of Edina and SEH in respect to the project and may only be modified in writing if signed by both parties. We look forward to working with you and your staff on this project. Please contact me at 651- 470-1691 or mmaves@sehinc.com with questions regarding this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON, INC. Mark K Maves, PE Project Manager Accepted on this ___day of________________, 2024 City of Edina, Minnesota By: _________________________________ Name _________________________________ Title Page 379 of 545 1.0 Project and Quality Management 1.1Perform day-to-day project management, staff management, sub-consultant management and admin; Meetings24 241.2 Prepare monthly invoices, & project progress reports 6 10 161.3 Prepare Quality Management Plan (QMP); Manage quality process, Conduct Quality Assurance (QA) 8 2 2 121.4 Private utility coordination meetings (2 virtual meetings) 4 2 6Task 1.0 Subtotal Hours: 38 2 2 0 0 4 2 0 0 0 0 10582.0 Prelim Design & Plans2.1Topographic survey (full survey, structure measuredowns, find property corners) and processing; site walkthrough3 3 12 36 542.2Finalize Prelim Bridge Plans, submit to Bridge Office, Respond to Comments, Obtain City & Bridge Office Approval2 2 6 24 342.2 Review Project To-Date, Finalize Layout & Prelim Roadway Plans, Obtain City & Agency Approval 4 20 24 48Task 2.0 Subtotal Hours: 2 2 6 24 0 7 23 36 0 36 0 0 1363.0 Final Design & Plans3.1 Project Kick-off Meeting: Bridge Design Team, Roadway Design Team 2 1 1 1 1 1 1 83.2 Refine corridor model and develop removals, signing and striping, and erosion control base files 12 24 363.3Review ROW: prepare right of way drawing, define construction limits, investigate easements, prepare easement exhibits (2 assumed), stake easements for City-led discussions with owners8 4 20 323.4 Review Braun Intertec Geotech Report, coordinate foundation recommendations with Braun 1 2 2 53.5Water Resources tasks, conduct BMPs, prepare required permit applications and submit for agency review and approval2 40 423.6 Complete storm sewer capacity and spread calculations, develop State Aid hydraulics submittal 4 40 443.7Traffic Signal field review, design traffic signal modifications (addition of push button stations at SW and SE quadrants of 50th St intersection; mast arms/poles to N and S legs), Signal Justification Letter, develop traffic signal plan sheets. Assumes traffic counts are not required.36 363.8Perform utility coordination for removal, replacement and/or relocation; develop exhibits for coordination meetings8 16 243.9Design and develop 60, 90, 100% final bridge plans; Collaborate with bridge historian as plans are developed24 170 320 5143.10Design and develop 60, 90, 100% roadway, ped/bike, drainage, signing & striping, staging/traffic control, utility, and restoration plans. Assumes full replacement of water main, storm sewer, and sanitary sewer4 60 60 1243.11 Prepare draft and final Special Provisions; Prepare Project Manual 4 2 12 4 12 20 543.12 Prepare Cost Estimates at 60%, 90%, 100% 2 6 6 4 24 24 663.13Submit 90% bridge plans to City & Bridge Office State Aid; Submit roadway/bridge 90% plans to City & Metro State Aid; Respond to comments, revise plans, obtain signed plans from all agencies4 4 8 8 4 12 12 523.14Quality Control Checking of all final design bridge and roadway submittals. QC of bridge calculations, load ratings, quantities and costs48 16 64Task 3.0 Subtotal Hours: 39 63 199 329 44 49 157 137 40 4 20 201101Deliverables - 60, 90, 100% Bridge Final Plans; Bridge Load Ratingsl; 60, 90 & 100% Roadway Plans; Special Provisions; Project Manual; cost estimates; permitsCivil Tech / GraphicsSurvey TechAdmin.Sr Civil EngineerDeliverables - Prelim Bridge Plan, Prelim Roadway Layout & Plans (typical sections, plan and profile, cross sections), Prelim Construction Cost EstimateSr Traffic EngineerPLS TotalDeliverables - Project schedule; Progress reports; Agendas and meeting minutes/notes for all meetings; Quality Management Plan; QC/QA documentationWork TasksWork Description (WBS)Project ManagerSr Bridge EngineerBridge EngineerSr Bridge TechCivil EngineerDecember 20, 2024City of Edina - Wooddale Bridge (Br. No 90646) - Final Design for Replacement Bridge & Approach RoadwaySEHWater Resources/PermittingPage 380 of 545 Civil Tech / GraphicsSurvey TechAdmin.Sr Civil EngineerSr Traffic EngineerPLS TotalWork TasksWork Description (WBS)Project ManagerSr Bridge EngineerBridge EngineerSr Bridge TechCivil EngineerWater Resources/Permitting4.0 Bidding Services4.1 Assist City in bidding, answer bidding RFIs, assist with addendas 8 4 2 8 4 4 304.2 Assist City in post bidding services, preconstruction meetings 4 6 10Task 4.0 Subtotal Hours: 12 0 4 2 0 14 4 4 0 0 0 0 40TOTAL HOURS 91 67 211 355 44 74 186 177 40 40 20 30 1335AVERAGE HOURLY RATES WITH OVERHEAD AND FIXED FEE $309 $208 $205 $181 $280 $228 $138 $113 $207 $147 $191 $139TOTAL LABOR COST $246,681Reimbursable ExpensesMileage, Survey Equipment $1,800Computer/Technology $7,343TOTAL REIMBURSABLES$9,143TOTAL SEH FEE $255,824Subconsultant Costs Hess Roise$22,750TOTAL PROJECT COST $278,574Page 381 of 545 Hess Roise Scope & Budget for Wooddale Avenue Bridge-2025SEH & City of EdinaDecember 20, 2024RoiseExp.SubtotalTotalHours1. Section 106 Review of 60% Plans*Consultation during development of plans, coordination of review by Corps and other parties to MOA8 $1,8002. Minnesota Historic Property DocumentationDrafting report, taking photographs, submitting draft report to Corps/SHPO, finalizing and distributing report24Film and archival processing; ten to twelve 5" x 7" archival photographic prints**$900 $6,3003. InterpretationDevelop outline of interpretive plan; review with HPC; revise and layout panel; review with HPC; finalize layout; coordinate production48Graphic designer$1,750Fabrication - 1 panel, 30"x42", pedestal stand$1,750Scans, permissions, other expenses$350$14,650Total hours80Rate$225.00Total Cost$18,000$4,750$22,750*This assumes that plans conform to the Secretary's Standards and, per the MOA, no further consultation is required.** ARCH (Dan Pratt) - process the 35mm film to MHPR archival standards for $200 and print 5x7s on double-weight fiber-based photo paper for $50 each.Page 382 of 545 d PURCHASE REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.15 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: Change Order #1 for Professional Services for Sustainability Policy Action Requested: Approve Request for Purchase for Change Order #1 for Professional Services for Sustainability Policy with LHB for $14,786. Information/Background: City of Edina adopted its Sustainable Building Policy in November 2021, and awarded a professional services agreement contract to LHB, Inc. in 2022 to provide policy support services, including technical review and project verification. To date, LHB's Climate Solutions Studio staff have supported the review of seven projects, providing technical expertise related to Edina's policy requirements. The existing contract amount has covered LHB's services to date but additional funding is needed for 2025. This change order provides an additional year of LHB's support services to the Sustainability Division to ensure successful policy implementation through 2025. Requisition Number: 12200118 Funding Source: Conservation & Sustainability Fund Vendor: LHB, Inc. Equipment Status: Cost: $14,786 Resources/Financial Impacts: • Budget – The change order includes an additional $14,786 to the existing not to exceed fee. The incremental increase is budgeted in the Conservation & Sustainability (CAS) Fund. • Implementation – The Sustainability Division manages implementation of the Sustainable Building Policy and works closely with LHB on project review. This change order will allow continued successful implementation of the policy and technical review. • Operation – The Sustainability Division manages the Sustainable Building Policy. This change order will have no impact on operations. Relationship to City Policies: Climate Action Plan: The Sustainable Building Policy supports the City's Climate Action Plan goals by ensuring new construction is built more sustainably than would be achieved through building code. Page 383 of 545 The policy includes specific sustainability requirements for greenhouse gas emission modeling, bird- safe glazing, energy efficiency standard, and electric vehicle parking. The existing policy supports action BE 6-1. Budget Pillar: Reliable Service Livable City Values Impact: Sustainability Buildings that follow our Sustainable Building Policy are built to higher energy and other sustainable standard than required by code. By building more energy efficient, resilient buildings, Edina is achieving its Climate Action Plan goals to reduce greenhouse gas emissions from buildings. Health Sustainability improvements often result in healthier buildings by improving indoor air quality, increasing green space, and using more sustainable building materials. Supporting Documentation: 1. 2025 Amendment for Sustainable Building Policy Support Agreement Page 384 of 545 Professional Services Agreement Amendment Between LHB and Client This Amendment No. 01 to the Agreement is effective December 23, 2024 by and between City of Edina, 7450 Metro Boulevard, Edina, Minnesota 55439, hereinafter referred to as “Client,” and LHB, Inc., a Minnesota corporation, 701 Washington Avenue North, Suite 200, Minneapolis, Minnesota 55401, hereinafter referred to as “LHB.” This Amendment is a modification to the Agreement dated May 4, 2022 and as revised by any previous Amendments (the “Agreement”) on the City of Edina Sustainable Buildings Policy project. I. SCOPE OF SERVICES The services to be provided by LHB include those described in the attached “Proposal for Professional Services Edina Sustainable Building Policy Support –– Additional Services For 2025” prepared by LHB and dated December 10, 2024. II. COMPENSATION Compensation for LHB’s Services under this Agreement for the Scope of Work described in this Amendment shall be increased by Fourteen Thousand Seven Hundred Eighty-six Dollars ($14,786): Original Contract Sum: $34,907 This Amendment: $14,786 Previous Amendments: $0 New Contract Sum: $49,693 III. REIMBURSABLE EXPENSES LHB shall be reimbursed for actual, reasonable, and necessary expenses incurred in the performance of services in accordance with the attached reimbursable rates. IV. ATTACHMENTS The following documents are attached and made an integral part of this Agreement. 1. “Proposal for Professional Services Edina Sustainable Building Policy Support –– Additional Services For 2025” prepared by LHB and dated December 10, 2024 2. 2024 Standard Hourly Rate Schedule 3. 2024 Reimbursable Expenses Except as stated herein, the terms and conditions of the Agreement shall remain in full force and effect. This Agreement may be amended only by a written instrument executed by both parties. Page 385 of 545 Professional Services Agreement Page 2 of 2 LHB Project No. 220556 Amendment Between LHB and Client Form LHB V3.0 08/2023 Client and LHB have caused this Amendment to be executed as of the date first shown above. LHB, Inc. City of Edina Signature Signature Printed Name Printed Name Title Title Philip L. Waugh Vice President Page 386 of 545 PERFORMANCE DRIVEN DESIGN / / / / / / / / / / / / / / / / / / / / / / / LHBCORP.COM December 10, 2024 Marisa Bayer, Sustainability Manager City of Edina 7450 Metro Boulevard Edina, Minnesota 55439 PROPOSAL FOR PROFESSIONAL SERVICES EDINA SUSTAINABLE BUILDING POLICY SUPPORT –– ADDITIONAL SERVICES FOR 2025 Thank you for the opportunity to continue to work with the City of Edina on your sustainability goals. This letter provides a summary of the scope of work and related fees for ongoing assistance with the Edina Sustainable Building Policy project. Scope of Services LHB’s team will complete the following scope of work: Task 1 Policy Implementation Management Edina-LHB check-in meetings (up to four virtual) Invoicing/reporting Task 2 Tool & process development Verification process updates Update documentation requirements and processes as needed Project team support development Update resources as needed Training on tools/processes Training for City staff on updated tools/processes Task 3 Technical support/verification/reporting Technical support for project teams (five projects estimated) Facilitate initial project meeting Answer questions/provide advice up to three times on each project Project verification/reporting (approximately four hours/project) Review project submittals for compliance with protocols/overlays Page 387 of 545 EDINA SUSTAINABLE BUILDING POLICY SUPPORT – ADDITIONAL SERVICES FOR 2025 PAGE 2 CITY OF EDINA Deliverable: Submit progress report to City up to two times per project Technical support for City staff Answer questions as needed (up to four hours) Assumptions 1.Proposed fee is for services in 2025, focused on technical support for development teams and projectverification. In the fourth quarter, LHB and the City will develop a revised scope and fee for ongoing tasks ifboth parties agree to continue work together. Proposed Fee LHB proposes an hourly not to exceed fee of Fourteen Thousand Seven Hundred Eighty-six Dollars ($14,786) excluding reimbursable expenses. The fee is divided as follows: Task 1 .......................................................................................................................................................... $1,736 Task 2 .......................................................................................................................................................... $2,025 Task 3 ........................................................................................................................................................ $11,025 Terms and Conditions Upon your approval of this proposal, we will prepare an amendment consistent with the terms and conditions of our standard LHB agreement form. We appreciate the opportunity to provide you with our services. We look forward to working with you. Please contact Maureen at 612.752.6954 if you have any questions. LHB, INC. MAUREEN A. COLBURN PHILIP WAUGH CLIMATE SOLUTIONS STUDIO LEADER VICE PRESIDENT LHB Project No. 220556 m:\22proj\220556\100 financial\proposals\220556 20241210 2025 services proposal.docx Page 388 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.16 Prepared By: Kelly Curtin, Human Resources Director Item Type: Report & Recommendation Department: Human Resources Item Title: Approve 2025-2026 Union Contract for LELS Local 529 Dispatchers Action Requested: Approve the 2025-2026 Union Contract for Law Enforcement Labor Services (LELS) Local 529 Dispatchers. Information/Background: The attached tentative agreement has been negotiated in good faith by City and Union leadership, and the union has voted to approve this contract. The last step in the process is approval by the City Council. Substantive changes to this contract include: • 3.5% General Wage Increase and $0.75/hour market increase to all steps for 2025. • 3.0% General Wage Increase to all steps for 2026 and $0.25/hour market increase for top two steps. • Increase to Training Pay. Staff recommends approval of this contract. Resources/Financial Impacts: Relationship to City Policies: Supporting Documentation: 1. Tentative Agreement 2025-2026 City and LELS 529 Dispatch 2. 2023-2024 Edina LELS Dispatch Contract Signed Page 389 of 545 The City of Edina reserves the right to change, alter, add to or modify its proposals at any time during the course of negotiations. Tentative Agreement November 26, 2024 Key: Bold = proposed new language Strike through = old language removed/replaced 1) Clean up any grammatical or numbering errors in the contract. 2) Change formatting of Articles to match Sergeant’s contract. 3) Article 14 – Holidays 14.4 Full-time Eemployees shall receive nighty six (96) hours of holiday pay each year. Employees will have holidays calculated in the setting of their schedules. 14.5 An employee who works called into work on a holiday shall be paid for each hour actually worked at two (2) time the employee’s regular base pay rate if they were not scheduled to work during that time. 14.6 Full-time Eemployees 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. It will not be cashed out in the event of an employee's change of status or in the event of an employee's separation. 4) Article 16 – Call Back Time An employee called to duty during their scheduled off-duty time shall receive a minimum of two (2) three (3) hours pay at one and one-half (1½) time the employee’s base rate of pay. 5) Article 19 – Vacation Remove 19.4. Doesn’t apply to anyone any longer. Add new 19.4. Part-time employees will follow the Paid Time Off (PTO) policies in the City’s Employee Handbook. 6) Article 21 – Employee Fitness Incentive Employees eligible for the fitness incentive shall receive no more than $650 $680 per year. Page 390 of 545 The City of Edina reserves the right to change, alter, add to or modify its proposals at any time during the course of negotiations. 7) Article 24 – Duration and Agreement The City and union agree on a two-year agreement to conclude on 12/31/2026. 8) APPENDIX A – SALARY SCHEDULE Wage Rates for 2025 and 2026 2024 2025 2026 Current Steps (3.5% plus $0.75 Market Wage Increase 1/1/2025) (3% plus $0.25 Market to Steps 7 & 8 Wage increase 1/1/2026) 1 Start $32.85 $34.75 $35.79 2 After yr 1 $34.17 $36.12 $37.20 3 After yr 2 $35.53 $37.52 $38.65 4 After yr 3 $38.07 $40.15 $41.35 5 After yr 4 $39.58 $41.72 $42.97 6 After yr 5 $40.35 $42.51 $43.79 7 After yr 6 $40.74 $42.92 $44.45 8 After yr 9 7 $41.13 $43.32 $44.87 SPECIAL ASSIGNMENT PAY Training Pay: Added to the Trainer’s base rate of pay for each hour worked: $5.00 $6.00 Page 391 of 545 Page 392 of 545 Page 393 of 545 Page 394 of 545 Page 395 of 545 Page 396 of 545 Page 397 of 545 Page 398 of 545 Page 399 of 545 Page 400 of 545 Page 401 of 545 Page 402 of 545 Page 403 of 545 Page 404 of 545 Page 405 of 545 Page 406 of 545 Page 407 of 545 Page 408 of 545 d PURCHASE REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.17 Prepared By: Nathan Kaderlik, Assistant Director- Utilities Item Type: Request for Purchase Department: Public Works Item Title: Request for Purchase: Change Order for Rehabilitation of Well 15 Action Requested: Approve request for purchase for the change order for the rehabilitation of Well 15 for $91,874. Information/Background: In the process of pulling Well 15, it was discovered that the list of things on the attached quote need to be replaced. Requisition Number: 12400254 Funding Source: CIP Vendor: E.H. Renner & Sons Equipment Status: Replacement Cost: $91,874.00 Resources/Financial Impacts: It was budgeted, E.H. Renner & Sons will be doing this work, and the City will maintain the well upon completion. Relationship to City Policies: Health By providing clean water to the residents. Budget Pillar: Reliable Service Values Impact: Health By providing clean water to the residents. Supporting Documentation: Page 409 of 545 1. Well 15 Change Order Page 410 of 545 EH. Renner Sons Incorporated WELL DRILLING FOR FIVE GENERATIONS 15688 Jarvis Street NW * Elk River, Minnesota 55330 Phone (763) 427-6100 * Fax (763) 427-0533 * Toll Free (800) - 409-WELL Qty Actual Units 1 1 L.S. 1 1 L.S. 1 1 L.S. 1 1 L.S. 15 2 1 16 16 1 15 2 17 1 300 1 15 Ea. 2 Ea. 1 Ea, 16 Ea. 16 Ea. 1 Ea. 15 Ea. 2 Ea. 17 Ea. 1 L.S. 300 L.S. 1 L.S. December 11, 2024 City of Edina Dave Goergen 7450 Metro Blvd. Edina, MN 55439 Subject: 2024 Rehabilitation Re: Well No. 15 Description Remove and Reinstall Pump and Motor Shop Time (disassemble, clean, inspect, reassemble) Wire Brush Well Casing Televise Well F&I 10"x10' T&C Column Sch 40 F&I 10"x5' T&C Column Sch 40 F&I 10"x10' Suction Pipe Spiders 10" x 3" x 3/4" Spider Bearing inserts Reploace Motor Shaft F&I Shafting .416 S.S. 1-11/16"x120" F&I Shafting .416 S.S. 1-11/16"x60" SS Couplings 1-11/16" Paint Discharge Head Pipe PVC Sch 80 1" to bowl assembly (2 runs) Motor Repairs ( Estimate ) Price Extension Actual $ 9,900.00 $ 9,900.00 $ 9,900.00 $ 125.00 $ 125.00 $ 125.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ $ $ 600.00 $ 9,000.00 $ 9,000.00 $ 400.00 $ 800.00 $ 800.00 $ 450.00 $ 450.00 $ 450.00 $ 175.00 $ 2,800.00 $ 2,800.00 $ 45.00 $ 720.00 $ 720.00 $ 800.00 $ 800.00 $ 800.00 $ 900.00 $ 13,500.00 $ 13,500.00 $ 650.00 $ 1,300.00 $ 1,300.00 $ 55.00 $ 935.00 $ 935.00 $ 600.00 $ 600.00 $ 600.00 $ 6.00 $ 1,800.00 $ 1,800.00 $ 3,800.00 $ 3,800.00 $ 8,787.00 $50,130.00 $55,117.00 800.00 $ 800.00 Not available 600.00 $ 2,400.00 Not available 900.00 $ 3,600.00 Not available Not available Not available Total bowl assembly -SS shaft 1 0 L.S. bowl assembly -Bz bearing 4 0 Ea. bowl assembly - Bz Wear rings 4 0 Ea. Bowl Discharge Casing 1 Ea. New Pump 1 Ea. $ 11,257.54 New Motor Ea. $ 15,500.00 Invoices will be based on actual amount required and approved. Total Total with out motor repairs If you need additional information or have questions, I can be contacted at my office 763-427-6101 or my cell is 763-286-5283. Please let me know when you would like to schedule. 20d4 Project Manager E.H. Renner & Sons, Inc. $ 11,257.54 $ 15,500.00 $81,874.54 $73,087.54 Page 411 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.18 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Approve Out-of-State Travel for Mayor Hovland Action Requested: Approve out-of-state travel for Mayor Hovland for Jan. 16-19, 2025, to attend the U.S. Conference of Mayors Winter Meeting in Washington, D.C. Information/Background: Mayor Hovland requests approval from the City Council, per the City’s Elected Official Out-of-State Travel Policy, to attend the U.S. Conference of Mayors Winter Meeting in Washington, D.C., from Jan. 16-19. The estimated cost is $3,000. The City Manager has confirmed that sufficient funds for these expenses are included in the City's 2025 budget. Supporting Documentation: None Page 412 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.19 Prepared By: Sharon Allison, City Clerk Item Type: Ordinance Department: Administration Item Title: Summary Publication for Ordinance Nos. 2024-12 and 2024-13 Action Requested: Approve summary publication for Ordinance No. 2024-12 amending Chapter 12 Schedule A, Fees and Charges, and Ordinance No. 2024-13 amending Chapter 20 Efficient Building Benchmarking. Information/Background: State Statute requires that the City publish all approved ordinances within 45 days of approval in its official newspaper. State Statue allows cities to choose to publish a summary of a complete public notice. This is a cost-effective option for lengthy ordinances. Supporting Documentation: 1. Summary Publication Ordinance No. 2024-12 Fee Increases for 2025 2. Summary Publication Ordinance No. 2024-13 Efficient Building Benchmarking Page 413 of 545 223850v1 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 2024-12 AN ORDINANCE AMENDING CHAPTER 2 CONCERNING SCHEDULE A, FEES AND CHARGES NOTICE IS HEREBY GIVEN that, on December 17, 2024, Ordinance No. 2024-12 was adopted by the City Council of the City of Edina, Minnesota. Due to the lengthy nature of the ordinance, the following summary has been prepared for publication and approved by the City Council as authorized by state law. Effective January 1, 2024, fees in some sections of the following City Code Chapters will increase, Chapters 8, 10, 12, 18, 20 and 28. The complete ordinance is available by contacting Sharon Allison at sallison@EdinaMN.gov or 952-826-0408. APPROVED for summary publication by the City Council this 7th day of January 2025. By order of the Edina City Council. Sharon Allison City Clerk Please publish in the Edina Sun Current on Jan. 16, 2025 Send one affidavit of publication. Bill to Edina City Clerk Page 414 of 545 CITY OF EDINA HENNEPIN COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 2024-13 AN ORDINANCE AMENDING CHAPTER 20 OF THE EDINA CITY CODE CONCERNING EFFICIENT BUILDING BENCHMARKING NOTICE IS HEREBY GIVEN that, on December 17, 2024, Ordinance No. 2024-13 was adopted by the City Council of the City of Edina, Minnesota. Due to the lengthy nature of the ordinance, the following summary has been prepared for publication and approved by the City Council as authorized by state law. Ordinance No. 2024-13 amends Chapter 20, Article XI to update Edina’s Efficient Benchmarking Ordinance to align Edina’s program with the State of Minnesota’s new Statewide Benchmarking Program, which launches January 2025. Changes include removing Class 1 and Class 2 buildings from the “covered property” definition, clarifying notification and reporting timelines, clarifying availability of data quality checks and technical assistance to complete benchmarking, updating exemption criteria, adding requirement for the City to provide onsite building disclosure materials, adding requirement for data sharing when covered properties transferred ownership, and adding a civil fine as an alternative penalty for noncompliance. The complete ordinance is available by email by contacting Sharon Allison at sallison@EdinaMN.gov or calling 952-826-0408. APPROVED for summary publication by the City Council this 7th day of January 2025. By order of the Edina City Council Sharon Allison City Clerk Please publish in the Edina Sun Current on Jan. 16, 2025 Send one affidavit of publication. Bill to Edina City Clerk Page 415 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.20 Prepared By: Kari Sinning, Deputy City Clerk Item Type: Report & Recommendation Department: Administration Item Title: Approve Temporary On-Sale Intoxicating Liquor License for the Church of St. Patrick Action Requested: Approve Temporary On-Sale Intoxicating Liquor License for the Church of St. Patrick. Information/Background: The Church of St. Patrick, located at 6820 St. Patrick’s Lane in Edina, has applied for a Temporary On-Sale Intoxicating Liquor License for their Men's Club Pasta Dinner they are holding on Feb. 1, 2025, from 6:00-10:00 p.m. The event will be in their Mahon event hall. The applicants are eligible for the temporary liquor license and have submitted plans to meet the special requirements under City Code. There have been no problems with prior temporary licenses with this organization. The Edina Police Department will be hired as security for this event. Supporting Documentation: None Page 416 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 6.21 Prepared By: Scott Neal, City Manager, Zoe Johnson, City Management Fellow Item Type: Report & Recommendation Department: Administration Item Title: Adopt 2025 Legislative Platforms Action Requested: Adopt both legislative platforms, federal and state, for 2025. Information/Background: The identification of state laws that might be changed to better achieve the goals of the City and the broader Edina community is something that occurs each year. In the same vein, as City staff work with colleagues and partners to identify these state laws, they also work to propose changes to said state laws that may be working contrary to City goals - ultimately limiting the livelihood and progress of the broader Edina community. While legislative sessions occur each year, changes to state laws can take years to occur. Issues are debated, modified, and could still be unsuccessful - this is why it is crucial to start the conversation early with the understanding that details will be fine-tuned throughout the legislative process. As the City finalizes the specifics within our 2025 State Legislative Platform, so do associations such as Municipal Legislative Commission (MLC), Association of Metropolitan Municipalities (Metro Cities), and the League of Minnesota Cities (LMC). Oftentimes, Edina's interests align with these associations both by virtue of the City's participation in each association as well as their guiding purpose. The City's 2025 State Legislative Platform does not duplicate items found in MLC, Metro Cities, or LMC platforms, but it does assume general alignment with these partner associations. This item report corresponds with the City's drafted 2025 State Legislative Platform, which addresses concerns that may be considered in the 2025 state legislative session, beginning January 14, 2025. The two types of items that make up the legislative platform are priorities and positions. Priorities are issues specific to Edina and do not directly affect other communities. Positions are issues affecting cities in general and are not specific to Edina. Resources/Financial Impacts: None. Relationship to City Policies: This relates to a variety of the City's strategic plans, including: • City Code • Climate Action Plan • Capital Improvement Plan • Various department Work Plans Supporting Documentation: 1. 2025 State Legislative Platform Page 417 of 545 2. 2025 Federal Legislative Platform Page 418 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Priorities: The following seven priorities are made up of issues specific to Edina and do not directly affect other communities. 1 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon Avenue/West 50th Street The Minnesota Highway 100 interchange is non-standard with eight local road connections. The City partnered with Hennepin County to improve this interchange, helping to reduce construction impacts and cost. More importantly, the result will be a safer interchange for all users, by consolidating access points and increasing pedestrian paths and creating a more connected Grandview district. Edina’s share of the total project cost is estimated to be $15.47 million; the City is requesting $5.3 million from the state, to match the local funds allocated for the project. In addition, the City requests that the State designates the surplus land created by the project for expansion of the municipal campus including a much needed third fire station in northeast Edina. 2 Bonding for the Aquatic Center The Edina Aquatic Center is requesting state bonding to replace critical infrastructure in the facility’s pool pump house. Total cost for the project is $10.5 million. The pool house was originally constructed in 1958, and it needs replacement to accommodate changes in state code related to pumping apparatus, filter requirements and surge tank reservoirs to address swimmer capacity displacement. The Aquatic Center is a popular regional destination, with 75% of its annual visitors coming from outside of Edina, and an average of 850 to 1,000 visitors per day. Bonding would provide for a modern, code-compliant pool house, along with augmented pool amenities and patron areas to ensure a safe visitor experience. 3 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards Park Master Plan The City will use new local sales and use tax revenue to make improvements and expansions to Braemar Arena and Braemar Park and Fred Richards Park, as outlined in the Braemar Park Master Plan and Fred Richards Park Master Plan. The City will seek a sales tax exemption for the material and Date: To: From: January 7, 2025 Mayor & City Council Scott Neal, City Manager Zoe Johnson, City Management Fellow Subject: 2025 State Legislative Platform Page 419 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 supplies purchased for the construction, reconstruction, upgrade, expansion, or remodeling of City facilities included in the Braemar Park Master Plan and the Fred Richards Park Master Plan. 4 Tax Increment Financing (TIF) Legislation for 70th and France & 72nd and France #2 The City approved the 70th and France and 72nd and France #2 TIF Districts in 2022 and 2023 respectively to encourage reinvestment and redevelopment of substandard commercial properties. After considerable discussion, the City also entered into TIF redevelopment agreements with each development team to provide TIF funding subject to project completion and delivery of proposed public benefits. The City requests an extension of the five-year rule to 10 years. In addition, the City requests the ability to extend the terms of each TIF agreement, subject to approval by Edina City Council. When these Districts were established, the developers were on pace to redevelop the sites with new commercial and multi-family housing buildings and the existing buildings were demolished. Since the Districts were established and the substandard buildings removed, the national economic climate has changed significantly. Costs of construction material and labor have increased. Interest rates have increased. The ability of private banks to finance office buildings has decreased. The availability of private equity has also decreased. This situation is forecasted to see a slow recovery beginning in 2025. Unfortunately, this pause in private financing hinders the ability of both redevelopment projects to succeed. The ‘five-year rule’ in Minnesota TIF statutes will likely disqualify these sites from the use of TIF at the level needed for success. Without the pledge of TIF to fill the financial gap, neither of these projects will reach their potential. The City requests an extension of the five-year rule to 10 years to allow the private lending sector to return to normal. In addition, the City requests the ability to extend the terms of each TIF agreement, subject to approval by Edina City Council. This would increase the 15-year term of the 70th and France District to 25 years and the 25-year term of the 72nd and France #2 District to 30 years. 5 Protect Municipal Employees with Enforcement Functions Many city employees and contractors are required to enforce administrative codes, rules, ordinances, and state laws as part of their job duties. Minnesota law recognizes the need to protect certain employees whose jobs make it more likely they will be the target of assaults by escalating assault charges from fifth to fourth degree for the assaults of peace officers, firefighters, school officials, and “public employees with mandated duties.” However, employees such as code enforcement officials, utility operators, municipal liquor store clerks and others have similar enforcement functions. The City supports extending the existing protection to all public employees whose jobs require them to enforce administrative codes, rules, ordinances, and state laws as a part of their job because: Due to the enforcement function of their jobs, these public employees can be and have been subject to verbal Page 420 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 assaults, threats, and physical violence. This would more evenly apply the law to all employees more likely to become target of assaults. Positions: The following legislative positions are grouped into five categories: General Government (page 3-8), Affordable Housing (8-10), Environment and Sustainability (10-13), Transportation (13-14) and Public Safety (14-17). These positions represent issues which apply to Edina and other Minnesota cities. 1 GENERAL GOVERNMENT 1.1 Realign Motor Vehicle Lease Sales Tax Allocation In 2015, state legislation reallocated $32 million of the sales tax collected from leased vehicles from the State's general fund, half to Greater Minnesota and half to metro counties through the County State Aid Highway Fund. To balance funding for transit and roads/bridges, the new law excluded Hennepin and Ramsey Counties from receiving their share of funding. Instead, the other five metro counties split the proceeds generated in Hennepin and Ramsey Counties. With the elimination of the Counties Transit Improvement Board (CTIB) in 2017, all seven metro counties now collect their own local transportation sale tax, but the exemption still blocks Hennepin and Ramsey Counties. The City of Edina advocates for returning to the original intent by eliminating the exemption of Hennepin and Ramsey Counties and distributing the sales tax on lease vehicles, per the county state aid formula, to all metro counties. The City supports re-aligning the distribution because: •Distributing Hennepin and Ramsey County proceeds to the other five metro counties puts cities in Hennepin County at a disadvantage when it comes to accessing county funds for road and bridge projects. •This change would provide an estimated $10.7 million in additional funding to Hennepin County for roads and bridges. 1.2 Increase Purchasing Agency The City Manager is the chief purchasing agent of statutory Plan B cities. State law requires the City Manager to recommend purchases and contracts and requires additional approval by the City Council. There are only 18 Statutory Plan B Cities in MN. •In Edina, this approval is obtained through Requests for Purchase on the Consent agenda. •The $20,000 statutory threshold has not been raised since 2004. This does not account for standard inflation over the past 20 years. •The costs of items has significantly increased, most City purchases are well over $20,000. Allowing the City Manager a higher purchasing threshold can make purchasing more efficient, while still maintaining compliance and oversight of budget. Page 421 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 •Neighboring charter cities with the Council-Manager form of Government, have significantly higher limits (St. Louis Park, Minnetonka, Richfield, Bloomington, Minneapolis, Hopkins) all have $175,000 thresholds. •The City of Edina supports a raise in legal maximum to at least $175,000 (consistent with MN Statute 471.345) with the ability for individual City Councils to set lower thresholds at their discretion. 1.3 Adult-Use Cannabis Legislation during the 2023 session legalized adult-use cannabis and established regulatory authority in the new Office of Cannabis management. The City supports further clarification on the opportunity to operate a municipal cannabis retail store because: •Local governments should have the option to establish municipal dispensaries in the model of municipal retail liquor stores, as both operations have primary goals of ensuring the safety and security of the community. •The City also seeks clarification on buffer distancing from “an attraction within a public park that is regularly used by minors, including a playground or athletic field”. The current language is confusing, hard to administer and opens municipalities up to lawsuits over interpretation. For instance, where would you calculate a buffer requirement for a baseball field with no back fencing? Standard parcel boundaries are easy to measure and allow easier mapping for potential cannabis retail operations. 1.4 Hearing Aid Affordability Currently, hearing aids are not classified as durable medical equipment (DME) and therefore not covered under many health insurance plans. Without health insurance coverage, many who need hearing aids are unable to get them, as they cost three to six thousand dollars. The City supports programs or policy changes reducing the cost of hearing aids and increasing access to them because: •Hearing aids are critical devices for those who are deaf or hard of hearing. •Without health insurance coverage, hearing aids are not affordable for those living on a fixed income. Both Edina seniors on a fixed income and youth who age out of hearing aid support cannot access hearing aids because of cost. •Cochlear implants, which cost $80,000 to $120,000, are typically covered by health insurance while hearing aids are not. 1.5 Allow Restrictions on Possession of Firearms in Municipal Facilities with School- Like Use The Minnesota Citizens Personal Protection Act, also known as “conceal-and carry,” prohibits guns on most school properties but forbids other local units of government from prohibiting loaded firearms on their properties. The inconsistencies in the law’s treatment of different kinds of properties have caused confusion about how the law applies to multi-use facilities, such as municipal ice arenas used for school- sponsored programs. While various public facilities can restrict firearm possession, including schools, public facilities with a school-like function are not granted this authority. The City has several facilities Page 422 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 with school-like usage and a large population of school-aged users. The City supports clarifying the law to allow municipal facilities with school-like usage to restrict the possession of firearms inside their facilities because: •This would align the law with other facilities that are authorized to restrict possession. •This would be one step to securing the safety of those who use City facilities for a school-like function. 1.6 Remove Language in the State Constitution Allowing for Enslavement of Incarcerated People The Minnesota Constitution states that “There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted.” The City urges removal of this language because: •This is immoral and out of step with Minnesota values. As a public entity, it’s incumbent on public officials to hold the state accountable to remove this language and its consequences. •There is recent precedent for such an action, with Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont striking similar language from their constitutions. 1.7 Empower Unbanked Minnesotans to Participate in the Local Economy The City of Edina would support legislation that requires certain businesses, such as food stores, to accept cash payments, similar to bill SF4419 introduced in the 93rd legislative session. With the increase in businesses refusing to accept cash for payment in recent years, more unbanked Minnesotans are prevented from participating in the local economy or purchasing necessities such as groceries and hygiene products. 1.8 Data Practices and Personal Information The purpose of the Minnesota Government Data Practices Act (MGDPA) is to provide open and transparent information to the public, while protecting personal information from indiscriminate disclosure. The City supports mechanisms to define and regulate reasonable data requests, and charges that better reflect the actual costs of responding to data requests due to increases in data requests and increased staff time required for repetitive, broad and far-reaching requests. •Cities are experiencing increases in repetitive, overly broad, and far-reaching data requests. •These requests require significant staff time to locate government records, redact private data or data unrelated to the request, and assemble documents to be provided in order to comply with requirements to provide access to public government data. 1.9 Various Election Administration Support The City supports greater resources to assist in various aspects of election administration in local governments. •Supporting accessibility to voters who face barriers to voting. •Supporting technical/administrative improvements – some changes to timeline for campaign finance and procedure changes to the permanent absentee voting list. Page 423 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 •Modernizing election judge responsibilities – allowing staff to perform signature matches for absentee ballots, language about emergency appointment of election judges for healthcare facilities. •Supporting RCV standards and equipment. •Supporting funding for elections through reimbursements from the state. •Supporting policies that protect and strengthen the security and safety of elections. 1.10 Change Group Home Regulation Licensed residential facilities do not have any distance separation requirements in single-family residential use zones in Edina. Minn. Stat. 245A.11 allows distance requirements of 1,320 feet between licensed residential facilities but limits the scope inequitably to cities in the first class. The City supports licensed residential facility use in the City and urges this distance separation requirements be applied fairly to all cities because: •Grouping multiple facilities on the same block in a single-family residential neighborhood creates substantial challenges to the neighborhood and reduces the community experience of individuals in the facilities. •Individuals no longer reap the benefit of enjoying a residential setting with a diversity of households. When entire blocks are acquired for licensed residential facilities, the setting is more similar to a large institutional campus. •Neighborhoods experience an increase in traffic, parking needs, deliveries, and other activities compounded by numerous facilities on the same block. •Grouping multiple facilities effectively turns a residential area into a commercial area. 1.11 Expansion for Collection of Park Dedication and Parks Dedication Fees The City of Edina supports an expansion to cities’ abilities to collect park dedication feeds related to the creation of new housing units. The existing city authority should be preserved by the legislature to maintain an ability to require parkland dedication and park dedication fees. The City supports an amendment to Minnesota statute 462.358 to allow all cities the option to require a reasonable portion of land or park dedication fee on new housing units and new commercial and industrial development without the requirement that land be subdivided. Municipal Liquor Positions 1.12-1.16 relate to municipal liquor. The City has operated a municipal liquor store since it was established by local referendum in 1948. The liquor operation generates over $1 million annually in profit. These profits fund Edina’s recreational facilities, including the ice arena, art center and aquatic center, allowing the City to reduce user fees and allow greater access. The City’s recreation programs serve children and families from all over the metro area, not just Edina. Continual support of liquor stores and their ability to generate profit allows municipal liquor stores to benefit the community and region through local programs and amenities. Page 424 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 1.12 Reinforce the Open Wholesaling Systems through Legislation In 2021, Miami-based Southern Glazer's Wine and Spirits filed a lawsuit against the State of Minnesota seeking elimination of a Minnesota law called the Coleman Act, which contains the open wholesaling system of spirits distribution. Open wholesaling of spirits requires that all spirit brands (with some exceptions) be available for sale to all licensed Minnesota wholesalers. This encourages healthy competition among wholesalers benefiting both sellers and customers. If Southern Glazer's lawsuit is successful, more than half of the spirit brands in Minnesota may become exclusive with Southern Glazer's. The City opposes this lawsuit and supports an amendment of the Coleman Act to reinforce a system of open wholesaling because without protections for open wholesaling: •Wholesale prices will increase. •Service levels on certain brands will decrease. •Purchase and delivery schedules will be reduced. •Sale margins will be compressed. 1.13 Oppose Further Changes to Tap Room Retail Operations Due to changes during the COVID-19 pandemic, tap rooms can offer limited direct-to-customer sales via carryout. These sales are controlled by quantity, and the product must use different packaging than the product supplied wholesale to liquor stores. The City opposes further changes to tap room retail operations because changes could allow bulk or exclusive sale from tap rooms jeopardizing the State of MN three-tiered system. 1.14 Protect Customer Data As a municipal operation, municipal liquor stores may be subject to data practices requests. The City supports protections for customer data because: •Customer data subject to request could include purchase history and personally identifying information. •The threat of data requests erodes trust with the customer. •It may put municipal liquor stores at a competitive disadvantage. •The City’s municipal liquor operation discontinued its customer rewards program, because without clarity of what information is subject to a data request, the City would not hold personally identifying information and purchase history that could be subject to a data request. 1.15 Clarity on THC-Infused Products With the passage of Minn. Stat. 151.72 in July 2022, products containing THC are permitted for sale. The City seeks clarification on if retail liquor stores can sell THC-infused beverages because: •Without federal passage of the SAFE banking act, cannabis-related legitimate operations cannot generate proceeds from unlawful activity, and banking institutions can be penalized by federal authorities for providing services to a cannabis-related business. •Current regulation allows for retailers like Edina Liquor to accept credit card payments only if the percent of total revenue from THC products is less than 15%. Page 425 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 1.16 Maintain Constraints on Off-Sale Liquor Currently, grocery and convenience stores can sell 3.2% alcohol, while all other alcohol products are sold at liquor stores. Some grocery stores opt to apply for an off-sale liquor license and can sell beer, wine and liquor at the store, with some adjustments, including a separate entrance. The City of Edina supports maintaining the constraints on off-sale liquor because: •The constraints allow for smaller private and municipal liquor stores to compete on an even playing field. •Claims that the off-sale liquor license process inhibits growth are rebutted by several grocery stores opting for some locations applying for the off-sale liquor license. 2 AFFORDABLE HOUSING Affordable housing includes two focuses: regulatory tools for affordable housing (2.1, 2.2, 2.3), protecting low- and moderate-income tenants (2.4, 2.5). 2.1 Reduce the Tax Rate on Land Trust Properties to Align with the 4d Property Tax Classification Previous legislative sessions made changes to the tax classification of Community Land Trust properties by reducing the tax rate for the 1a – Residential Homestead classification, from an up to 1.25% rate to 0.75%. The City supports a change to align with the 4d property tax classification, which is applied to low-income rental properties at up to a 0.25% rate because: •Homeowners lease, and do not own, the land from the Land Trust. •The property is required to be affordable as memorialized through the ground lease. •The Land Trust is designed to create affordable home ownership opportunities, but requiring the homeowner to pay property taxes on the value of the house and the land at the single-family homestead rate makes homes less affordable. •Due to both leasing the land and the requirement that it stay affordable, 4d is a more appropriate tax classification than 1a. •Edina has 26 land trust residential properties, with property values in the city rapidly increasing. High property values and corresponding taxes impact the ability of land trust homeowners to remain in their home. 2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting The City supports legislation that authorizes a tax on the sale of these properties to corporations and protections prohibiting the conversion of single-family residences into rental properties by developers and corporations. The City supports bills introduced in the 92nd legislature: SF 3147, imposing the tax, and SF 4313, prohibiting the conversion, because: •The City and surrounding communities have seen an increase in the number of residences converted from single family homes owned by the residents to rental properties. Page 426 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 •Such conversion negatively impacts ownership opportunities for residents. 2.3 Support for “Missing Middle” Legislation with Local Controls While the “missing middle” housing bill in the 93rd Legislature (HF4009/SF3964) was tabled, the City would look favorably on legislation that similarly encourages and incentivizes “missing middle” housing and strategic land use adjustments, provided it has more flexibility for local control options. The City supports strategic gentle density because: •The City’s Climate Action Plan has goals for reducing vehicle miles traveled (VMT) 7 percent and doubling public transit commuter ridership by 2030, both of which are only possible in a more walkable, bikeable, and transit-friendly Edina. •Diversifying housing stock by providing options such as accessory dwelling units (ADUs) and duplexes allows communities like Edina to maintain their suburban character while allowing more residents to age in place, downsize, purchase starter homes, raise their families where they themselves grew up, and more while remaining affordable. •Increasing the City’s population broadens the tax base, keeping individual household taxes low while maintaining high levels of municipal services. 2.4 Discrimination Protections for Source of Income The City of Edina supports legislation amending the Minnesota Human Rights Act (specifically § 363A.09 Unfair Discriminatory Practices Relating to Real Property) to protect Minnesotans from being denied housing based on their source of income because: •The purpose of making housing discrimination based on a person’s source of income illegal is to increase housing choices for Minnesotans who utilize housing assistance such as emergency rental assistance or housing choice vouchers (also known as “Section 8”). •With the majority of Minnesotans who use federal housing choice vouchers being BIPOC, the denial of housing based on source of income widens racial disparities, preventing housing stability and exacerbating poverty and homelessness. Housing assistance is guaranteed income for landlords, providing them with more stable rental funds. 2.5 Reform Eviction Expungement Records of unlawful detainer filings, or eviction lawsuits, remain on a tenant’s public record regardless of whether the matter was settled or dismissed prior to the court hearing or if the tenant prevails at the hearing. The City supports legislation expanding the eligibility for discretionary and mandatory expungements for eviction case court files because: •In these cases, the eviction record is not a reasonable predictor of future tenant behavior and should be expunged. •The existence of this record impedes the ability of the renter to secure suitable rental housing in the future. 2.6 Promote Owner-Occupied Housing Page 427 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The City supports opportunities that promote affordable home ownership for residents, which includes the modification or removal of regulations that limit residents’ potential for affordable home ownership, for example, Minnesota’s 1-2-10 Warranty. 3 ENVIRONMENT AND SUSTAINABILITY Environment and sustainability has five thematic focuses: energy management and environment (3.1, 3.2, 3.3), right to repair (3.4, 3.5, 3.6, 3.7, 3.8), sustainable transportation (3.10, 3.11, 3.12), local environmental public health programs (3.12) and water resource management (3.13, 3.14) 3.1 Establish Building Performance Standards Large commercial buildings are a significant contributor to Minnesota’s and Edina’s greenhouse gas emissions. Building energy benchmarking is already in use, requiring building owners to report energy use but includes no requirement for improving their building’s energy efficiency. The City supports establishing building performance standards that: •Create greenhouse gas emission reduction and energy performance targets, a timeline to meet them, and resources to help building owners comply. 3.2 Establish a Right to Cooling Standard for Minnesotans In 2023, the Legislature passed a right to heating law for renters, to ensure renters have safe and functional homes. The City supports establishing a similar right to cooling, coupled with increased resources for the Energy Assistance Program (EAP) that provides utility bill relief and Weatherization Assistance Program (WAP) that supports air sealing and insulation upgrades. Resources should include the ability to accept applications year-round and without a cap on annual service recipients. The City supports this because: •Minnesota is warming rapidly. •Excessive heat has well-documented health consequences, including serious illness and death. •Renters require additional protections to ensure landlords provide a safe and functional home. 3.3 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to County Waste Management Activities Currently, the City is awarded a portion of the SCORE funds annually for residential recycling, residential organics recycling and participation in both at the multi-family building level. The City strives to spend 100% of the funds on allowable purposes. The City supports continued SCORE funding because: •The funds advance waste reduction, reuse, recycling and organics programs to meet city, county and state recycling goals. •SCORE funding allows the City to conduct critical outreach. Page 428 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 3.4 Support Efforts for the Proper Labeling of Compostable Products The City supports promoting only vetted manufactures because: •Working with only vetted manufactures reduces the likelihood of products with misleading claims to be sold or distributed in Minnesota. •It reduces City contamination in the recycling process. •It simplifies education on which certifications customers can look for. 3.5 Fund Expanded Infrastructure at the Local Level for the Creation of Compost Processing Sites and Anaerobic Digesters The City supports additional funding for counties creating compost processing sites and anaerobic digesters because: •Landfilling all waste in Hennepin County and metropolitan area is no longer a viable option. •Compost processing sites and anaerobic digesters provide more options for waste haulers. 3.6 Develop and Fund Zero-Waste Initiatives Zero-waste initiatives manage all discarded materials to their highest and best use according to the waste management hierarchy set forth in the Waste Management Act. The City supports the development of zero-waste initiatives because: •They will aid local governments reaching recycling and composting goals. •The City’s waste reduction goals mirror those set by the state, county and Edina’s climate action plans. 3.7 Expand Right to Repair Law The Digital Fair Repair Act that went into effect on July 1, 2024, is instrumental to reducing waste and encouraging reuse in Minnesota by furthering the life of consumer products. To further the success of the new law, the right to repair measures should be expanded to include previously excluded equipment such as farm equipment and wheelchairs (similar to Colorado’s law) and vehicles (such as in Massachusetts). Expanding on the right-to-repair to include more than just electronics would improve this new law to be even more equitable for a wider range of Minnesotans. 3.8 Increase Funding for the State E-bike Rebate Program In 2023, the State appropriated $2 million for a new e-bike rebate program. Expecting that eligible participants will each receive an average of $1,000, this is only 2,000 new e-bikes on the road. The City supports continuing and increasing this fund because: •2024 program demonstrated a high demand for assistance. •More low-income residents will be able to access new and climate friendly transportation. •E-bikes are associated with positive health benefits and increased mobility. 3.9 Establish State Funding to Support Expanded Carshare Networks in the Twin Cities and Minnesota Page 429 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Xcel Energy pulled private funding from HOURCAR in 2023, the nonprofit electric carshare service in Minneapolis and Saint Paul. The City supports an expanded network and has studied resident support via a partnership with the University of Minnesota’s Resilient Communities Project in 2022-23. The City supports this because: •Carshares are a viable alternative to owning a personal vehicle. •Carshares have a demonstrated history of reducing vehicle miles traveled. 3.10 Continue Support for Local Environmental Health Regulatory Programs Currently, the State delegates authority to operate food, pool and lodging establishment regulatory programs to cities and counties. The City supports continuing local operation of these public health services and programs, because: •It allows cities to provide services to meet local needs. 3.11 Support Funding Research, Training, and Legislation for Applicators of Chloride- Containing De-icing Chemicals Salt is a pollutant and causes damage to infrastructure and the environment. Private contractors tend to over-apply salt on parking lots and sidewalks, often because they are afraid of “slip-and-fall” lawsuits. The City supports state funding for research and training for public and private applicators of chloride- containing de-icing chemicals, and legislation to address liability concerns of private de-icing salt applicators because: •Waterbodies throughout the state, including within and downstream of Edina, fail to meet the water quality standards for chloride (salt) established by the state and so have been added to the federal register of impaired waters as required by the Clean Water Act. •The legislation, which is modeled on a similar law passed in New Hampshire, would incentivize contractors to attend training, get certified, and document their practices, reducing the over- application of salt. 3.12 Support Funding Research, Training, and Legislation for Applicators of Chloride- Containing De-icing Chemicals Truth in labeling can help consumers by providing access to accurate and comprehensive information regarding the composition, environmental impact, risks to infrastructure damage, and exposure risk to pets. Current labeling practices falsely claim or imply chloride containing products are environmentally safe and/or pet safe. Truth labeling would empower individuals to select the appropriate material for the job and reduce overapplication. 3.13 Support Reduction of Chloride Pollution from Wastewater Effluent Chloride pollution in wastewater effluent comes primarily from water softening processes. Reducing chloride in wastewater effluent is important for meeting clean water goals in downstream waterbodies. Wastewater generated locally is treated at the regional wastewater treatment plant before discharging Page 430 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 to the Mississippi River. Reducing chloride pollution in wastewater will benefit downstream aquatic ecosystems, protect drinking water sources, and extend the lifespan of water infrastructure. 3.14 Inflow and Infiltration (I/I) Municipal Grant Program Inflow and infiltration (I/I) describe the ways that groundwater and stormwater make its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The Metropolitan Council identifies cities contributing excessive I/I into the regional wastewater system and charges the city for the excess. The City supports state financial assistance to cities for metro area I/I mitigation, such as the Municipal State Bond Grant Program because: •I/I mitigation supports efficient use of the regional system for waste treatment. •I/I mitigation slows the need for capacity upgrades. 4 TRANSPORTATION 4.1 Continue and Increase Municipal State Aid (MSA) Funding The City has 40.85 miles of roads designated as MSA. This state funding is vital to maintain these high- quality connections. The City asks for continued support of municipal state aid funding because: •The state aid road system was developed to provide vital, high-quality connections necessary for the overall state highway network to work well. •The roads that are on the state aid system typically carry heavier traffic volumes, connect major points of interest and provide an integrated and coordinated road system. 4.2 Municipal State Aid (MSA) Cost Participation The City supports malleability in, or exemption from, cost participation policies, especially for cities with a disproportionate amount of state or county highways within and encircling their local boundaries. Special or additional funding from the state legislative for cities that have these burdens of additional cost participation in projects involving state and county roads including the placement of underground utilities due to those projects should be supported. 4.3 Increase Local Bridge Replacement Program (LBRP) Funding The Local Bridge Replacement Program provides local agencies funding for the reconstruction, rehabilitation or removal of bridges or structures. The program is financed by the passage of specific legislation allocating general obligation state bond funds, but regularly does not receive enough funding. The City supports funding dedicated to the Local Bridge Replacement Program to provide safe bridges because: •The City has 27 local bridges. 4.4 Expansion of Public Transportation Frequency and Reach Page 431 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Edina, like much of the Metro area, continues to experience a persistent reduction in transit service frequency and reach as a result of pandemic-era service reductions and workforce shortages. The City supports additional funding to return transit service to pre-pandemic levels, support operator hiring initiatives, and develop a connecting bus study for the METRO Green Line Extension (Southwest LRT) because: •The City’s transit ridership prior to the pandemic was about half the average rate of Hennepin County. •Adequate public transit offerings are essential to doubling public transit ridership to seven percent by 2030 to reach our Climate Action Plan goals. Adequate public transit offerings are essential to meeting the City’s climate action goals. •Transit service supports many community and regional goals, including improving mobility, relieving traffic congestion, reducing greenhouse gas (GHG) emissions and promoting sustainable development and growth. 4.5 Support Tools and Strategies to Reduce Vehicle Miles Traveled Transportation emissions account for 40% of Edina’s baseline greenhouse gas emissions and are projected to become the leading emissions source in Edina as the energy sector decarbonizes. The City supports funding to provide alternative transportation infrastructure to decrease the use of single- occupancy vehicles and their associated negative impacts on air quality, traffic congestion and quality of life because: •Total vehicle miles traveled (VMT) in Edina in 2021 was more than 500 million miles, an increase from past years. •The City’s Climate Action Plan identified a goal to reduce VMT by seven percent by 2030. •Decreasing commuters driving alone by six percent to match the county-wide average would decrease VMT by up to 10 million miles. 5 PUBLIC SAFETY 5.1 Emergency Medical Services (EMS) Local Control In February 2022, the Office of the Legislative Auditor (OLA) released a report that found serious deficiencies with both the management of the Emergency Medical Service Regulatory Board and the current ambulance service license process. During the 2023 legislative session, the Minnesota Fire Association Coalition introduced legislation, HF2736 and SF2691, to implement the recommendations of the OLA relating to the primary service areas. The City supports this legislation because: •Local governments should be able to set standards for EMS service in their communities. •Local governments should have the authority to find an EMS provider than can meet local standards. Page 432 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 5.2 Residential Fire Sprinklers There are few statutory requirements for residential fire sprinklers. The City opposes efforts to statutorily limit the use of residential fire sprinklers and supports the inclusion of professionals and industry experts in the creating or writing of any code parameters, particularly the installation of fire suppression systems in residential building code, because: •Sprinklers protect occupants, firefighters and property from fires. •Recent Minnesota studies show the cost of installing residential fire sprinkler systems averages $1.15 per sprinklered square foot, or approximately one percent of new home construction. 5.3 Support Funding for Auto Theft and Violent Crime Investigation The City supports the creation and funding of a multijurisdictional group of law enforcement officials focusing on investigations and prevention because auto theft and violent crimes committed in stolen vehicles have dramatically increased. The City would also support funding for stronger juvenile justice resources, such as building metropolitan area facilities that will house juvenile offenders, as these facilities could include both detention and supportive resources, such as mental health evaluations and care, educational, vocational and life skills training, mentorship and community reentry programs, etc. 5.4 Support Funding and Programming for Recruitment and Retention Needs The City supports a variety of funded recruitment and retention programs for law enforcement agencies. Programs include creating a state funded grant program for bonuses, renewing part-time officer licenses for small agencies, paid health care for licensed police officers who retire at 55 after 10 consecutive years of service with a Minnesota city, deferred retirement option programs, county or tribal government and scholarship programs with higher education partners. The City supports these state funded programs because: •Agencies of all sizes are having trouble recruiting and retaining officers. •Out-of-state agencies are recruiting Minnesota officers away from the state through reciprocity tests and other minimal out-of-state requirements. •Deferred retirement option programs in particular would help stabilize the workforce. 5.5 Fund additional K-12 Threat Assessments The City supports legislation which would require school districts to study and address general and specific school safety issues because: •Previous funding, including the grants passed by the Legislature in 2018, only provided for infrastructure improvements. •Further assessment of school safety issues, beyond physical infrastructure, is needed. 5.6 Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking Devices Currently, the penalty for an offender fleeing is relatively low and using tracking devices on stolen vehicles is only allowed with owner consent or a search warrant. The City supports increasing the Page 433 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 penalty for fleeing and allowing officers to use mobile tracking devices on fleeing vehicles under specific circumstances. The City supports this because: •The number of offenders who flee police officers has increased as police departments shift away from pursuing due to the high level of risk to the community. It is well known that police will often not pursue, due to the risk. •Increasing the penalty more appropriately captures the risk to the community when an offender flees. •Allowing officers to use mobile tracking devices when an officer has reason to believe a vehicle is stolen or the driver has committed a crime reduces the need to pursue many offenders, allowing for both safer streets and the ability to safely locate offenders. 5.7 Revise School Resource Officer Legislation In 2023, the 93rd Legislature changed the reasonable force standards by which school resource officers act in schools. The City supports the following amendments to legislation: Minnesota Statute 121A.582, Subd. 1(b): Subd. 1 (b) expand the definition of when “reasonable force” may be used by amending the language as follows: “to restrain a student and or prevent bodily harm or death to the student or another.” Subd. 1 (b) clarify that use of reasonable force by a school resource officer or police officer contracted with a district is regulated by Minnesota Statute 609.06. Minnesota Statute 121A.58: Subd. 2 (a) AND Subd. 2 (b): Remove “school resource officer” and “police officer contracted with the district” from roles covered by this subdivision. Add a section that makes the exclusion of “school resource officers” and “police officers contracted with a district” from the definition of “agents” or “employees” of a school district explicit. The City supports these amendments because: •The current legislation has competing interpretations, some allowing for restraint and some banning it except in the most extreme cases, and potentially creating different reasonable force standards for school resource officers and police officers. •School resource officer programs can benefit students, officers, and communities through positive interactions. The current legal confusion caused many partnerships between schools and police departments to be put on pause, absent clear direction. 5.8 Transparent and Holistic Brady/Giglio Legislation The subject of Brady/Giglio received statewide attention in the 2024 legislative session by bills introduced by the Hennepin County Attorney’s Office allowing access to all private data on police officers. Additionally, several bills were introduced by legislators to have a statewide Brady standard for police officers, county attorneys, and the judiciary to follow. Page 434 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The City of Edina asserts that any proposed bill must include a statutory definition of Brady material, due process for an officer or police agency to contest a county attorney’s designation of Brady material, requirement to maintain any kind of Brady data on officers and who can access the data, CJIS security compliance of data, and uniformity of protective court orders involving Brady material. The Minnesota Chiefs-Police Association (MCPA) has supported legislation for numerous years through the Officer Integrity Act allowing for a Minnesota Licensed Peace Officer to be terminated from public employment without opportunity to challenge the remedy of termination should the basis for termination be willful or intentional dishonestly, deception, or similar unethical or illegal conduct that is deemed sufficient to imperil their credibility in court testimony. The City of Edina does not support limiting an officer’s due process right to arbitration. A well-developed and transparent Brady/Giglio process will provide confidence and legitimacy for all participants in the criminal justice process and the public as other states have enacted (examples: Colorado and Iowa). 5.9 Support for First Responder Buffer Zone Protection The City supports legislation that would assist officers making arrests in difficult situations. This legislation would make it illegal to approach within 25 feet of a working first responder after being asked or ordered to back up. Similar legislation was passed earlier this year in Louisiana and Florida. The ultimate goal is to help keep our first responders safe while working. Those first responders could be law enforcement officers, correctional probation officers, firefighters, and/or emergency medical care providers. Page 435 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 City of Edina Staff Contact Information Priorities Scott Neal, City Manager, can be contacted regarding any of the legislative priorities, in addition to the staff below. He can be reached at SNeal@EdinaMN.gov or 952-826-0401. 1 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon Avenue/West 50th Street Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 2 Bonding for Aquatic Center Perry Vetter, Director of Parks & Recreation PVetter@EdinaMN.gov 952-826-0430 3 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards Park Master Plan Perry Vetter, Director of Parks & Recreation PVetter@EdinaMN.gov 952-826-0430 4 Tax Increment Financing (TIF) legislation for 70th and France and 72nd and France Bill Neuendorf, Economic Development Manager BNeuendorf@EdinaMN.gov 952-826-0407 5 Protect Municipal Employees with Enforcement Functions Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 Page 436 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Positions 1 GENERAL GOVERNMENT 1.1 Re-align Motor Vehicle Lease Sales Tax Allocation Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 1.2 Increase Purchasing Authority 1.3 Adult-Use Cannabis 1.4 Allow Restrictions on Possession of Firearms in Municipal Facilities with School-Like Use 1.5 Remove Language in the Minnesota State Constitution Allowing for Enslavement of Incarcerated People 1.6 Empower Unbanked Minnesotans to Participate in the Local Economy 1.7 Data Practices and Personal Information 1.8 Various Election Support 1.9 Hearing Aid Affordability 1.10 Change Group Home Regulation Cary Teague, Community Development Director CTeague@EdinaMN.gov 952-826-0460 1.11 Reinforce the Open Wholesaling Systems through Legislation Josh Furbish, Liquor Operations General Manager JFurbish@EdinaMN.gov 952-903-5732 1.12 Oppose Changes to Tap Rooms Retail Operations 1.13 Protect Customer Data 1.14 Clarity on THC-Infused Products 1.15 Maintain Constraints on Off-Sale Liquor 2 AFFORDABLE HOUSING 2.1 Reduce the Tax Rate on Land Trust Properties to Align with the 4d Property Tax Classification Stephanie Hawkinson, Affordable Housing Development Manager SHawkinson@EdinaMN.gov 952-833-9578 2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting 2.3 Support for “Missing Middle” Legislation with Local Controls 2.4 Discrimination Protections for Source of Income 2.5 Reform Eviction Expungement 2.6 Promote Owner-Occupied Housing Page 437 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 3 ENVIRONMENT AND SUSTAINABILITY 3.1 Establish Building Performance Standards Marisa Bayer, Sustainability Manager MBayer@EdinaMN.gov 952-826-1621 3.2 Establish a Right to Cooling Standard for Minnesotans 3.3 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to County Waste Management Activities Twila Singh, Organics Recycling Coordinator TSingh@EdinaMN.gov 952-826-1657 3.4 Support Efforts for the Proper Labeling of Compostable Products 3.5 Fund Expanded Infrastructure at the Local Level for the Creation of Compost Processing Sites and Anaerobic Digesters 3.6 Develop and Fund Zero-Waste Initiatives 3.7 Expand Right to Repair Law 3.8 Increase Funding for State E-Bike Rebate Program Marisa Bayer, Sustainability Manager MBayer@EdinaMN.gov 952-826-1621 3.9 Establish State Funding to Support Expanded Carshare Networks 3.10 Continue Support for Local Environmental Health Regulatory Programs Jeff Brown, Community Health Administrator JBrown@EdinaMN.gov 952-826-466 3.11 Support Funding Research, Training, and Legislation for Applicators of Chloride-Containing De-Icing Chemicals 3.12 Support for Truth in Labeling for Chloride-Containing De-Icing Chemicals 3.13 Support Reduction of Chloride Pollution from Wastewater Effluent Jessica Vanderwerff Wilson, Water Resources Coordinator JWilson@EdinaMN.gov 952-826-0445 3.14 Inflow and Infiltration (I/I) Municipal Grant Program Ross Bintner, Engineering Services Manager RBintner@EdinaMN.gov 952-903-5713 Page 438 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 4 TRANSPORTATION 4.1 Continue and Increase Municipal State Aid (MSA) Funding 952-826-0440 4.2 Municipal State Aid (MSA) Cost Participation 4.3 Increase Funding for Local Bridge Replacement Program (LBRP) Funding 4.4 Expansion of Public Transportation Frequency and Reach 4.5 Support Tools and Strategies to Reduce Vehicle Miles Traveled Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 Andrew Scipioni, Transportation Planner AScipioni@EdinaMN.gov 5 PUBLIC SAFETY 5.1 Emergency Medical Services (EMS) Local Control Andrew Slama, Chief of Fire ASlama@EdinaMN.gov 952-826-0332 5.2 Residential Fire Sprinklers 5.3 Todd Milburn, Chief of Police TMilburn@EdinaMN.gov 952-826-0487 5.4 5.5 5.6 Support Funding for Auto Theft and Violent Crime Investigation Support Funding and Programming for Recruitment and Retention Needs Fund Additional K-12 Threat Assessments Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking Devices 5.7 Revise School Resource Officer Legislation 5.8 Transparent and Holistic Brady/Giglio Legislation 5.9 Support for First Responder Buffer Zone Protection Page 439 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 1 Affordable Housing Supplying affordable housing to all Minnesotans is an important investment to make in the state’s future. Unfortunately, the funding available falls far short of what is needed. Cities cannot close the housing affordability gap on their own. The City urges Congress to increase the allocation to Low-Income Housing Tax Credits (LIHTC), prioritize affordable housing and work with local partners to coordinate federal housing resources. The City asks Congress to reduce the bond threshold from 50 percent to 25 percent of eligible costs for LIHTC, allowing the tax-exempt bonds to leverage more credit across projects. This would result in leveraging more private equity in affordable housing to create up to twice as many units, thus greatly reducing the housing shortage. The City urges Congress to increase support for the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs. These programs are the principal source of federal revenue for localities to use in developing and implementing community development solutions, such as affordable housing, that create and sustain healthy, functioning communities. Additionally, in 2023 the State of Minnesota recognized a “right to heating” in winter to protect the comfort, safety, and well-being of renters and low-income Minnesotans, along with additional tenant protections. The City urges Congress to adopt similar standards nationwide, including rights to both heating and to cooling, along with additional funding for the Low-Income Home Energy Assistance Program (LIHEAP). Bills such as the Heating and Cooling Relief Act (S.405/H.R.893) not only would allow LIHEAP to assist more households but also reduce both utility bills and building emissions via expanded weatherization programs. 2 Climate Change The City approved its Climate Action Plan in December 2021, setting a goal to reduce greenhouse gas emissions 45 percent by 2030. The plan includes 200 actions to meet our climate action goals, and the City has already started or completed over 30 percent of these critical actions and has benefitted from federal legislation and funding. For example, the City received a $200,000 grant from the U.S. Date: To: From: January 7, 2025 Mayor and City Council Scott Neal, City Manager Zoe Johnson, City Management Fellow Subject: 2025 Federal Legislative Platform Page 440 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Department of Transportation’s Safe Streets and Roads for All program to create a consolidated safe and equitable transportation plan, combining existing pedestrian and bike master plans and new plans, like a roadway safety plan. Goals of this plan will include reductions in vehicle miles traveled and increased multi-modal transit ridership and service. While the City continues to lead local climate change efforts, federal assistance helps us meet our goals more quickly and efficiently, particularly those concerning transportation and the greenhouse gas effects of the transportation industry. First, we ask for increased investment in high-speed passenger rail in the Midwest. The Twin Cities were prioritized for more frequent service to Chicago, and the City is eager to keep this prioritization, but we also seek high-speed rail connections to reduce short-haul flights in the Midwest. The City applauds the $500,000 of federal funding allocated to the planning of the Northern Lights Express project, and look forward to continued investment in the Midwest’s passenger rail network. Second, we ask for the creation of a national e-bike rebate or tax credit program, such as one similar to the Inflation Reduction Act’s electric vehicle (EV) credits. Minnesota’s program opened in July 2024 and there was such a high demand that the website crashed. Higher levels of investment are needed than current state funding. Such programs allow greater access to climate-friendly transportation, and e- bikes have positive health benefits. Third, we ask for support for transit system operations, like the Stronger Communities Through Better Transit Act (H.R.7039). Edina seeks to double its transit ridership by 2030, and operations funding can help Metro Transit increase service to suburban communities, increasing access, and increasing ridership opportunities. Finally, we ask that Congress declare a climate emergency. This recognition would open up additional sources of funding and mobilization of resources that would empower federal, state, and local governments to better prepare for and mitigate the consequences of climate change. 3 Enable Cities to Protect Residents from Harmful Levels of Aviation Noise The City identified aviation noise as a key threat to the quality of life in Edina. The City requests support from Edina’s federally elected officials for eliminating Categorical Exclusions (CATEX) when implementing Performance Based Navigation (PBN). The process should ensure that ground impacts and community concerns are incorporated into PBN that will change noise exposure. Regarding measuring noise, Day/Night Noise Level (DNL) is an average and humans perceive noise as individual events, rather than averages, so we believe it is time to investigate alternative metrics. The City is concerned about the impacts from the increased number and frequency of flights under traditional PBN tracks. There is currently very little information pertaining to the human impact of the concentration of flights associated with PBN procedures. Our residents are exposed to continuous Page 441 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 concentrated noise due to our proximity to the airport. Although there may not be an increase in average noise as measured by DNL, there are unknown impacts from the increased number and frequency of flights. Given the age of some Sound Insulation Programs (SIP) in the United States, the increase in traffic density at our nation’s airports and improved technologies, the Edina City Council supports the eligibility standards used prior to the September 2012 Program Guidance Letter (PGL-12-09). The Edina City Council opposes the privatization of Air Traffic Control. We are concerned it may reduce the accountability of the organization to Congress, and that without a mechanism for compelling private companies to meet and discuss community concerns, there will be fewer opportunities for advocacy on noise impacts. The FAA has taken positive steps to improve community engagement, including adopting a Community Involvement Manual and hiring a Community Involvement Manager for Airspace Projects. The Edina City Council believes that this will result in a more efficient and successful implementation of NextGen, and we strongly support these efforts. 4 Post Office Preservation The Edina Post Office in the 50th & France District, at 3948 Market Street, is housed in a leased facility. The Edina Post Office is important to the Edina, Minneapolis and St. Louis Park residents it serves. We ask your support in keeping a full-service post office in the 50th & France District and to initiate the planning process for a new post office within the next 24 months. 5 Protection of Municipal Bonds The City’s Aaa and AAA credit ratings from Standard & Poor’s and Moody’s Investors Services are a source of community pride and represent the financial strength of our city. These ratings create opportunities for the City to invest in our community’s future and provide the best value in public services back to our residents. It is the combination of local control and local responsibility that makes municipal bonds such an effective and efficient tool. Any changes to the tax code should recognize the vital role of tax-except municipal bonds. The City asks you to oppose any attempt to make changes to the tax-exempt status that would increase the cost of financing for cities as doing so would impact our operations, our services and, ultimately, our residents. 6 Railroad Safety The City has one railroad that runs through the center of Edina, with two trains running daily on the tracks, and there are numerous other tracks within a 10-mile radius. The City supports legislation to mitigate negative safety concerns, noise, and environmental impacts of railroads and to increase communications with first responders for municipal emergency response to non-rail incidents and rail Page 442 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 incidents. Such legislation includes the Railway Safety Act of 2023 (S.576). These measures are needed as the number and length of trains in the state and metro area are increasing, and as recent derailments, such as the Burlington Northern Santa Fe (BNSF) train derailment in Raymond, Minnesota, highlight the risk that rail poses to communities. Rail is an essential part of the national economy and reduces impacts on other infrastructure, so it must be maintained and operated safely in communities. 7 Public Safety The City operates a police department that includes sworn peace officers, a 911 dispatch division and community engagement functions. As with many communities in the Twin Cities, recruitment and retention of police officers, violent crime, and fentanyl overdoses remain enduring issues. The City supports initiatives like Community Violence Intervention (CVI) programs and the Safer America Plan. These proactive strategies are making a tangible difference in community safety across the nation, through their focus on neighborhood safety, intervention and support before violent crimes take place, and recruiting and retaining skilled and dedicated police officers. The City urges continued support of programs like these, through the Congressional action laid out in the Safer America Plan. 8 Clarity on THC-Infused Products With the passage of Minn. Stat. 151.72 in July 2022, products containing THC are permitted for sale. The City seeks clarification on if retail liquor stores can sell THC-infused beverages for two main purposes. First, without federal passage of the SAFE banking act, cannabis-related legitimate operations cannot generate proceeds from unlawful activity, and banking institutions can be penalized by federal authorities for providing services to a cannabis-related business. Also, current regulation allows for retailers like Edina Liquor to accept credit card payments only if the percent of total revenue from THC products is less than 15%. 9 Condominium Affordability & Quality The City of Edina understands that residents across the nation are struggling to keep up with escalating prices for condominium insurance, association fees, and units themselves. Residents hold great concern over the dilapidated quality of infrastructure within these condominium units as well as the lack of accountability with condominium building owners and property management. The City supports efforts to alleviate these residents’ concerns, such as increased mandated transparency measures for condominium building owners and property management to allow residents a greater ability to understand and inquire about further cost increases related to their condominium units. Page 443 of 545 City of Edina • 4801 W. 50th St. • Edina, MN 55424 City of Edina Staff Contact Information Scott Neal, City Manager, can be contacted regarding any of the legislative items, in addition to the staff below. He can be reached at SNeal@EdinaMN.gov or 952-826-0401. 1 Affordable Housing Stephanie Hawkinson, Affordable Housing Development Manager SHawkinson@EdinaMN.gov 952-833-9578 2 Climate Change Marisa Bayer, Sustainability Manager MBayer@EdinaMN.gov 952-826-1621 3 Enable Cities to Protect Residents from Harmful Levels of Aviation Noise Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 4 Post Office Preservation Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 5 Protection of Municipal Bonds Pa Thao, Director of Finance PThao@EdinaMN.gov 952-826-0420 6 Railroad Safety Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 7 Public Safety Todd Milburn, Chief of Police TMilburn@EdinaMN.gov 952-826-0487 8 Clarity on THC-Infused Products Perry Vetter, Director of Parks & Recreation PVetter@EdinaMN.gov 952-826-0430 Josh Furbish, Liquor Operations General Manager JFurbish@EdinaMN.gov 952-903-5732 9 Condominium Affordability & Quality Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 Page 444 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 7.1 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Hennepin County Commissioner Heather Edelson Update Action Requested: None. Information/Background: Hennepin County District 6 Commissioner Heather Edelson will give Council an update on the County. Supporting Documentation: 1. Commissioner Edelson City Council Presentation - Edina 2025 Page 445 of 545 Click to edit Master title style Office of Commissioner Heather Edelson Update to District 6 City Councils 1 Page 446 of 545 Click to edit Master title style Hennepin County District 6 2 heather.edelson@hennepin.us Page 447 of 545 3 Page 448 of 545 4 Page 449 of 545 Our commitment to disparity reduction Through policies, services and programs we will drive disparity reduction and work to benefit people’s lives in the areas of: Health Income Housing Employment Education Justice Connectivity Our commitment to providing quality services Page 450 of 545 Access, Aging & Disability Services ○Staff ready to connect residents to services on housing, health services, transportation Mental Health and Substance use services ○Cope staff ready to respond to mental health crisis for youth and adults 24/7 ○Access to care networks Reports of vulnerable adults & child abuse ○Investigation departments ○Case managers to work to ensure safety of residents Economic Supports, Child Support and Well-being ○Access to food and cash supports 6 Human Services Page 451 of 545 Human Services 7 Demand for economic benefits rising Page 452 of 545 Hennepin County Public Safety 8 Supporting County Growing Mental Health Needs ○Embedded Social Workers ○Cope, 24/7 county mobile crisis service ○Youth & Family mobile response through partnership Nexus County Liaisons (10 cities including Edina, Hopkins and Minnetonka) ○Enhance relationships with local law enforcement and cultural communities Radio Communication - new location in Plymouth ○PSAP: Handles over 600k emergency calls each year for over 50 law enforcement agencies, fire departments, and EMS providers Department of Community Corrections and Rehabilitation (DOCCR) ○Probation (adult & youth) ○Jails, Adult Correctional Facility and Juvenile Detention Center ○Suprivises ~22K adults and juveniles Page 453 of 545 Public Safety – Sheriff’s Department 9 Partnership with local law enforcement ○Joint Community Police Partnership ○Water Patrol Sheriff’s Hennepin Crime Lab ○1 of 4 crime labs in MN that provides DNA and forensic services for 35 law enforcement agencies Violent Crime Reduction ○Special Assignments Unit to focus on auto theft, human trafficking, and financial crimes ○HCSO Violent Offender Task Force named ‘Task Force of the Year’ Community Engagement ○Added two community liaisons to the Community Outreach and Public Affairs Division ○Youth Community Advisory Board Page 454 of 545 Public Safety - County Attorney 10 Be@School Program ○Working on expanding partnership with County and School Districts to intervene early with truancy Auto Theft Early Intervention Pilot ○Expedited legal system intervention for youth who have auto theft-related cases submitted to HCAO ○Creation of an early intervention pathway to offer voluntary services and resources outside of the justice system Victim Services ○Notifies and assists victims of crimes to fully and safely participate in the adjudication process ○Provides referral services to community and social services agencies that can provide counseling and crisis management support Page 455 of 545 Housing 11 ○$14 million in one-time funds to affordable housing owners-developers ○Funded by Metro Sales & Use Tax stabilizing 7,959 affordable housing units 11 ●Prioritizing families entering and exiting shelter ●Eviction and homelessness prevention ●Operating Hennepin Shelter Hotline ●Rapid Rehousing Programming ●Emphasizing Care for Veterans ●Employing housing case managers to guide residents to stable housing solutions Housing Stability Repair + Grow Program Page 456 of 545 ●January 24’ Shelters at peak family shelters were at 427% of capacity ●Family shelters currently at 230% capacity, down 46% since January 24’ ●Shelter All Policy - Hennepin County county is proud of the policy that no child sleeps outside ●53,090 households in Hennepin County make below 30% of the area median income, but there are only 18,705 housing units affordable to them. 12 Housing Challenges in Hennepin County Page 457 of 545 Hennepin County Health Highlights 13 Hennepin County Medical Center ○EMS working Group ○Ball Park Sales Tax Extension ○Uncompensated care growing World-class Medical Examiner’s Office (Located in Minnetonka) ○Serves Hennepin, Dakota, and Scott Counties ○Perform death investigative services and forensic autopsy services for all residents that pass away from other than natural causes Hennepin Opioid Response ○Hennepin has adopted a four-part framework focused on Prevention, Response, Treatment and Recovery, and Eliminating Disparities Mental Health Response ○Crisis mobile response for youth and adults ○$15M Youth Crisis Stabilization Center (10-15 beds - opening in 2025) Page 458 of 545 Education 14 Page 459 of 545 Libraries ○41 libraries, 10 libraries in District 6 ○ 2 new D6 Libraries include Edina Southdale and Westonka Service Centers (drivers licenses/ID, tabs) ○7 total with Ridgedale and Southdale among the largest Elections ○Works with Local, State and Federal partners to support voting services for over one million residents Assessment Services ○Hennepin County now directly assessing for all municipalities with populations under 30,000 & meeting to expand to all 45 cities ○To learn about assessment, including appeal processes, go to www.hennepin.us/residents/property/assessment 15 Resident Services Highlights Page 460 of 545 Transit & Mobility ○Integrated network of roads, bridges, bikeways, sidewalks Energy & Environment ○Hennepin Energy Recovery Center (HERC) board voted to close between 2028-2040 ○Goals to improve recycling, composting and waste reduction ○Partnership with all school districts on composting and recycling Transportation - Operations & Project Delivery ○Plans, designs & constructs ○Maintains county road infrastructure Climate & Resiliency ○Zero waste goals – leads climate action plan ○Planted more than 348,000 trees since 2020 to meet our one million tree goal by 2030 Track Current Road Projects: https://www.hennepin.us/en/residents/transportation/construction-projects Keep track of 2025 transportation projects hwww.hennepin.us/residents/transportation/road-maintenance16 Public Works & Transportation Page 461 of 545 17 Southdale Library Building Project Page 462 of 545 Questions & Discussion Footer 18 Page 463 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 7.2 Prepared By: Jennifer Garske, Executive Assistant Item Type: Other Department: Administration Item Title: Recognize the Mountain Biking/Cycling Club at Edina High School Action Requested: Recognize the Mountain Biking/Cycling Club at Edina High School on their State Championship. Information/Background: The Mountain Biking/Cycling Club at Edina High School won the state championship this fall. Head Coach Mike Hartmann, as well as team members, will attend the meeting to be recognized by the City Council on their state championship win. Supporting Documentation: None Page 464 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 8.1 Prepared By: Sharon Allison, City Clerk Item Type: Resolution Department: Administration Item Title: Resolution No. 2025-09: Accepting Donations Action Requested: Approve Resolution No. 2024-118 accepting donations. Information/Background: To comply with State Statute, all donations to the City must be accepted by resolution and approved by two-thirds majority of the Council. See attached resolution with list of donations. Supporting Documentation: 1. Resolution No. 2025-09: Accepting Donations Page 465 of 545 RESOLUTION NO. 2025-09 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed grants and donations on behalf of its citizens. Police Department •Cargill $1,000.00 Shop with a Cop/Gifts for Families •Edina Independent Police Association $ 500.00 Shop with a Cop/Gifts for Families •Edina Crime Prevention Fund $ 500.00 Shop with a Cop/Gifts for Families •Edina Crime Prevention Fund $9,582.45 2024 Retired K9 Expenses •Edina Crime Prevention Fund $6,456.51 Police Giveaways (stickers, cups, etc.) •Edina Crime Prevention Fund $3,000.00 2024 Police Open House Expenses •Edina Crime Prevention Fund $ 647.64 2024 Safety Camp Expenses •Edina Crime Prevention Fund $ 470.00 Police Recruiting Expenses •Edina Crime Prevention Fund $ 46.00 Art Together Program Expenses •Edina Crime Prevention Fund $ 450.00 Police K9 Grave Marker •Edina Crime Prevention Fund $ 297.48 Citizen’s Academy Graduation Dinner •Edina Crime Prevention Fund $5,424.82 2024 Circle of Discipline Expenses •Dr. J. Patrick & Linda M. Smith $ 250.00 General use Parks & Recreation Department •Paul & Annette Nelson $3,200.00 Bench Donation •Stacey Grimes $3,200.00 Bench Donation •Cynthia Anderson $3,200.00 Bench Donation Fire Department •Thurl & Dolores Quigley $ 100.00 General use •Dr. J. Patrick & Linda M. Smith $ 250.00 General use Dated: January 7, 2025 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 January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2025. Sharon Allison, City Clerk Page 466 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 8.2 Prepared By: Kris Aaker, Assistant City Planner Item Type: Report & Recommendation Department: Community Development Item Title: Resolution No. 2024-120: Variance Appeal for 5605 McGuire Road Action Requested: Approve Resolution No. 2024-120 upholding the Planning Commissions denial of the variance request. Information/Background: Elizabeth and Scott Joing are appealing the Planning Commission's November 13, 5 to 3 denial votes of a variance from Sec. 36-437 of the Edina City Code to allow a 2.8% or a 627.5 sq. ft variance from the 50% maximum impervious surface allowed for a 660 sq. ft. surface increase on their property to construct a paver patio, walk, steps, and stepping stones at 5605 McGuire Road. Resources/Financial Impacts: Relationship to City Policies: Supporting Documentation: 1. Appeal Letter 2. Resolution No. 2024-120 (Approving the Variance Request) 3. Resolution No. 2024-120 (Upholding the PC action to Deny the Variance Request) 4. Staff Report to Planning Commission, Nov. 13, 2024 5. Planning Commission Minutes, Nov. 13, 2024 6. Site Location 7. Project Narrative 8. Engineering Memo, Nov. 8, 2024 9. Stormwater Management Plan, Sept. 19, 2024 10. Project Plans 11. Better Together Public Input Report Page 467 of 545 Edina City Council Members: My husband, Scott, and I are the owners of 5605 McGuire. We wish to appeal a recent decision by the Planning Commission that denied a variance request for our property. We are upset and discouraged by how the Planning Commission made its decision. They lost sight of the main issue, and instead offered personal opinions on what we have, what we need, or how to store and arrange items in our yard. They failed to adequately consider a unique reality of our property: our neighbors’ driveway crosses our lot and accounts for over 20% of our (not their) allowed hardscape coverage. Every aspect of our house, yard, and lot is both constrained by and in compliance with city codes and ordinances. In 2023, the city ordinance for hardscape coverage was changed. No longer are the types of hardscape considered; rather, each property is simply given a flat percentage allotment (50%). This new ordinance disproportionately affects our property in several key ways: •Our driveway: We have a long driveway, but the length of that driveway is completely dictated by city setback rules. Some homes in Edina have very short driveways. We happen to have a long one because the homes on our block are set back quite a ways from the street. We had no choice but to match that setback. Driveways were formerly not included in hardscape totals. They are now, however, so our particular property is more impacted than properties where the homes sit closer to the road. •Our pool deck: We added a pool to our property in 2019. A 4ft surrounding pool deck was required for safety by city code. We added a modest amount of additional patio space with that pool deck coverage, but we always planned to add more once we had the pool for a few years and could see how we really used the space. The required 4ft pool deck was formerly not included in hardscape totals, but now it is. •Our neighbors’ driveway: This is the unique reality of our property that makes a variance necessary. Two of our neighbors have a shared driveway that cuts across the lots of several homes along our block. This driveway, though private, is our neighbors’ only public street access. The span of their driveway that traverses our lot covers 2,574 square feet. Since driveways are now included in the new hardscape calculations, our particular property is disproportionately affected Page 468 of 545 because our neighbors’ driveway accounts for 22.8% of our allotted hardscape coverage. Our neighbors’ driveway is the unique reality of our property that the Planning Commission failed to adequately consider in its decision to deny our variance request. That driveway cuts across our lot and yet is not at all ours. We neither use nor maintain it, but over 20% of our allowed hardscape coverage is consumed by it. We are looking for a variance to allow for only 2.9% of additional hardscape coverage. Without a variance, we are faced with an absurd choice: determining whether or not to dig up a portion of our neighbors’ street access in order to comply with a city ordinance. If a variance doesn’t apply in this situation, we can’t imagine when it would ever apply. We urge you to overrule the Planning Commission’s decision. We want to be able to move ahead with our project - to add value to our property, to plant a variety of new trees and plants on our lot, to increase our ability to continue to host family, friend, and community gatherings. We also want to continue to be good and considerate neighbors. Please approve our variance request and allow us to proceed. Scott and Elizabeth Joing 5605 McGuire Road Page 469 of 545 RESOLUTION NO. 2024-120 APPROVING AN IMPERVIOUS SURFACE VARIANCE FOR A NEW PATIO AND OTHER IMPROVEMENTS, 5605 MCGUIRE ROAD. BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 The project requires an impervious surface variance to install a sidewalk, a paver patio and steppingstones. 1.02 The property has a shared asphalt driveway crossing the back width of the lot. The improvements require a variance from the zoning requirement addressing impervious surface. The maximum impervious surface coverage allowed in the R-1 zoning district is 50% of the lot area. The property currently has 11,258 sq ft of surface coverage for a total of 49.9% of the lot area. The homeowner is proposing to increase surface coverage by 660 sq ft totaling 11,918 sq ft of coverage or 52.8% of the lot area. 1.03 Without the 2,574 sq ft driveway servicing neighbors, the property would be at 41.37% coverage and would allow an additional 971.57 square feet of hard surface. 1.04 The property address is 5605 McGuire Road and parcel identification number is: Lot: 007, Block: 006 LA BUENA VISTA, HENNEPIN COUNTY, MINNESOTA, 1.05 To accommodate the request, the following land use applications are requested: A 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required for a 660 sq ft hard surface increase, at 5605 McGuire Road. The variance is to allow the installation of a sidewalk, a paver patio and steppingstones. 1.06 November 13th, 2024, the Planning Commission recommended Denial of the variance request. 1.07 On December 17th, 2024, the City Council held a public hearing on the variance request. Section 2. FINDINGS 2.01 Approval of variance to allow a 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required is based on the following findings: Page 470 of 545 RESOLUTION NO. 2024-120 Page 2 1. The proposed project meets the variance standards of Chapter 36. The proposed project meets the criteria to grant a 2.8% (627.5 sq ft), variance from the 50% maximum impervious surface required. 2. The practical difficulty is caused by the exiting driveway access that services other properties and does not provide service to or is needed by the applicants. 3. The project presents an opportunity to correct the impact of driveway access along the back of the lot that is not used or needed by the property. The access driveway benefits neighboring property which is a practical difficulty that is unique and an extraordinary circumstance of the property. 4. The proposed project will not alter the essential character of the neighborhood. The new improvements will be behind a fenced-in rear yard not visible from the front street and are at grade surface improvements that will not contribute to additional visible building coverage. Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approve the variance to install a paver sidewalk, a paver patio and steppingstones at 5605 McGuire Road. Approval is subject to the following conditions: 1. The Construction Plans must be consistent with the proposed survey and plans date stamped, October 15, 2024. 2. Compliance with all the conditions outlined in the City Engineering memo dated November 8, 2024. 3. Compliance with the tree protection ordinance in coordination with the City Forrester. Page 471 of 545 RESOLUTION NO. 2024-120 Page 3 Adopted by the city council of the City of Edina, Minnesota, on January 7, 2025. 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, January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2025. _________________________________ Sharon Allison, City Clerk Page 472 of 545 RESOLUTION NO. 2024-120 DENYING AN IMPERVIOUS SURFACE VARIANCE FOR A NEW PATIO AND OTHER IMPROVEMENTS, 5605 MCGUIRE ROAD. BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 The project requires an impervious surface variance to install a sidewalk, a paver patio and steppingstones. 1.02 The property has a shared asphalt driveway crossing the back width of the lot. The improvements require a variance from the zoning requirement addressing impervious surface. The maximum impervious surface coverage allowed in the R-1 zoning district is 50% of the lot area. The property currently has 11,258 sq ft of surface coverage for a total of 49.9% of the lot area. The homeowner is proposing to increase surface coverage by 660 sq ft totaling 11,918 sq ft of coverage or 52.8% of the lot area. 1.03 Without the 2,574 sq ft driveway servicing neighbors, the property would be at 41.37% coverage and would allow an additional 971.57 square feet of hard surface. 1.04 The property address is 5605 McGuire Road and parcel identification number is: Lot: 007, Block: 006 LA BUENA VISTA, HENNEPIN COUNTY, MINNESOTA, 1.05 To accommodate the request, the following land use applications are requested: A 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required for a 660 sq ft hard surface increase, at 5605 McGuire Road. The variance is to allow the installation of a sidewalk, a paver patio and steppingstones. 1.06 November 13th, 2024, the Planning Commission recommended Denial of the variance request. 1.07 On December 17th, 2024, the City Council held a public hearing on the variance request. Section 2. FINDINGS 2.01 Deny a variance to allow a 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required is based on the following findings: Page 473 of 545 RESOLUTION NO. 2024-120 Page 2 1. The proposed project does not meet the variance standards of Chapter 36 to grant a 2.8% (627.5 sq ft), variance from the 50% maximum impervious surface required. The cumulative amount of proposed surface coverage is beyond 50% of the lot area and cannot be justified based on lot shape or size or other characteristics not found in other lots. 2. The proposal does not meet the standards for variance with no circumstances unique and specific to the lot. There are four other properties with the same driveway access crossing their lots that are subject to the same maximum coverage requirements. The property currently has reasonable use of the property including the single dwelling unit with an inground pool, sidewalk, driveway, shed, deck and patio. 3. The project does not correct the impact of the driveway’s hard surface along the back of the lot. Due to the proposed increase in coverage, the patio/improvements conflict with goals to limit coverage on properties and the policy change to protect half the lot area for open/uncovered space. 4. The proposed project will alter the essential character of the neighborhood. The new improvements will cover over one half of the lot. The property owner’s situation is not unique with four other properties with the same circumstances that may require similar variances for improvements. Section 3. DENIAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, denies the 2.8%, (627.5 sq ft), coverage variance to install a paver sidewalk, a paver patio and steppingstones at 5605 McGuire Road. Page 474 of 545 RESOLUTION NO. 2024-120 Page 3 Adopted by the city council of the City of Edina, Minnesota, on January 7, 2025. 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, January 7, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2025. _________________________________ Sharon Allison, City Clerk Page 475 of 545 The 22,581 square foot lot is located south of McGuire Road, is adjacent to single family homes and has a shared asphalt driveway crossing the back width of the property. The maximum impervious surface coverage allowed in the R-1 zoning district is 50% of the lot area. The property currently has 11,258 sq ft of surface coverage for a total of 49.9% of the lot area. The homeowner is proposing to increase surface coverage by 660 sq ft totaling 11,918 sq ft of coverage or 52.8% of the lot area. The applicant is requesting a variance to install a paver sidewalk, a paver patio and steppingstones. The property currently accommodates a house, porch, driveway, front walk, deck with steps, shed, patio, pool equipment pad, inground pool, and an additional driveway servicing three neighboring homes. Without the 2,574 sq ft driveway servicing neighbors, the property would be at 41.37% coverage and would allow an additional 971.57 square feet of hard surface. Surrounding Land Uses Northerly: Single Unit residential homes zoned R- 1 and guided low-density residential. Easterly: Single Unit residential homes; zoned R-1 and guided low-density residential. Southerly: Single Unit residential homes; zoned R-1 and guided low-density residential. Westerly: Single Unit residential homes; zoned R-1 and guided low-density residential. November 13, 2024 Planning Commission Kris Aaker, Assistant City Planner B-24-13, a 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required for a 660 sq ft surface increase, at 5605 McGuire Road. Information / Background: Page 476 of 545 STAFF REPORT Page 2 Existing Site Features The subject property was originally built in1956 and was torn down and rebuilt in 2015 complying with all zoning requirements at that time, (the hard surface maximum was amended into the code in 2023). The lot is 22,581 square feet in area and is located on the south side of McGuire Road, consisting of a two-story home with an attached three-car garage. Planning Guide Plan designation: Low Density Residential Zoning: R-1, Single Dwelling Unit District Forestry, Grading & Drainage The city’s Forester will conduct a full review of the tree plan at the time of a building permit application. The Environmental Engineer has reviewed the application and submitted comments as attached in their memorandum. Compliance Table City Standard Proposed Surface coverage 50% (49.9% existing) *52.8% Surface coverage without driveway access surface included 50% (38.45% existing) 41.37% (allows an additional 971 sq ft) *Requires a variance PRIMARY ISSUES & STAFF RECOMENDATION Primary Issue •Is the proposed variance justified? No, staff does not believe the requested variance is justified. Page 477 of 545 STAFF REPORT Page 3 Minnesota Statues and Edina Ordinances require that the following conditions must be satisfied affirmatively to grant a variance. The proposed variance will/will not: 1.The variance would be in harmony with the general purposes and intent of the ordinance. The proposed use is permitted in the R-1 Single Dwelling Unit District and complies with zoning standards, with exception of the impervious surface requirement. The reason for the variance request is due mostly to the extensive coverage caused by the driveway that bisects the property servicing neighboring properties. The driveway is included in the total surface area of the subject lot. An increase in surface area is not in harmony with the intent of the ordinance adopted in 2023. The intent of the ordinance is to maintain a balance of surface area and landscape area on residential properties. Criteria not met. 2.The variance would be consistent with the Comprehensive Plan. The Comprehensive Plan guides the property for Low Density Residential Use. The principal use of the property would still be as a single-family home and the property would remain zoned R-1 Criteria met. 3.There are practical difficulties in complying with the ordinance. The term “practical difficulties” means the following: i.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without a variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. “Practical difficulties” may include functional and aesthetic concerns. The property currently has reasonable use of the property including the single dwelling unit with an inground pool, sidewalk, driveway, shed, deck and patio. Criteria not met. ii.The plight of the landowner is due to circumstances unique to the property not created by the landowner. Staff haven’t found there to be anything unique that would support over-building/increasing surface coverage on the lot. The shared driveway may not have been created by the homeowner; however, it consists of hard surface covering the lot so is therefore included in surface coverage calculations. The cumulative amount of proposed surface coverage is beyond 50% of the lot area and cannot be justified based on lot shape or size. The property is at 49.9% surface coverage currently; allowing it to increase beyond the ordinance limit may set up a precedent for other properties to claim similar encroachment circumstances as justification for increasing hard surfaces. Criteria not met. Page 478 of 545 STAFF REPORT Page 4 iii.The variance, if granted, will not alter the essential character of the locality. The improvements will cover more than 50% of the lot area and will appear to be more than 50% given the driveway access to other properties is fenced off from the remainder of the subject lot and doesn’t appear to be part of the backyard. The fenced-in back yard appears smaller than it is and may seem more intensely covered with the proposed improvements. Granting variance may alter the character of the neighborhood by setting a precedence given there are four other properties that have the same driveway access crossing those properties who may also want to increase lot coverage beyond current limits. Criteria not met. Optional Actions A case can be made for approval and denial of this project. Below provides options for the Planning Commission to consider: Denial Deny the request for a 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required for a 660 sq ft surface increase, at 5605 McGuire Road. Denial is based on the following findings: 1.The proposal does not meet the standards for variance with no circumstances unique and specific to the lot. There are other properties that also have driveway access crossing their lots. The property currently has reasonable use of the property including the single dwelling unit with an inground pool, sidewalk, driveway, shed, deck and patio. A variance cannot be justified based on a unique feature specific to lot shape or size or other characteristics not found in other lots. 2. Due to the proposed increase in coverage, the patio/improvements conflict with the city’s goal to limit coverage on properties and the policy change to protect half of lot area for open/uncovered space. 3. The proposed project will alter the essential character of the neighborhood. The fenced-in back yard appears smaller than it is and may seem more intensely covered with the proposed improvements. The property owner’s situation is not unique with four other properties sharing the same circumstances that may require similar variances for improvements. Approval Approve the request for a 2.8%, (627.5 sq ft), variance from the 50% maximum impervious surface required for a 660 sq ft surface increase, at 5605 McGuire Road. Approval is based on the following findings: 1. The practical difficulty is caused by the exiting driveway access that services other properties and does not provide service to or is needed by the applicants. Page 479 of 545 STAFF REPORT Page 5 2. A unique circumstance includes the amount of access driveway coverage that does not benefit the subject lot as compared with nearby properties to the south, so there is less opportunity for improvements on the subject property. Without the driveway, the lot could support an additional 971 sq ft of hard surface improvement. 3. The proposal would not alter the essential character of the neighborhood. The new improvements will be behind a fenced-in rear yard not visible from the front street and are at grade surface improvements that will not contribute to additional visible building coverage. Approval is subject to the following conditions: 1. Subject to plans and survey date stamped, October 15, 2024. 2. Subject to Engineering staff’s memo dated, November 2024. Staff Recommendation Staff cannot support the request given the property will exceed the surface coverage requirements recently adopted to address concerns of over-building on property. The intent of the ordinance is to maintain a balance of surface area and landscape area on residential properties. There appears to be nothing unique to the property or request to support exceeding coverage requirements of the lot that is contrary to that goal. An increase in surface area is not in harmony with the intent of the ordinance adopted in 2023 and could set a precedent for the four other properties also supporting the driveway access on their lots. The property currently has reasonable use with existing rear yard improvements: deck, patio, pool, etc. Staff cannot identify a unique circumstance and recommend denial of the variance request. Deadline for a city decision: February 13, 2025. Page 480 of 545 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 1 of 4 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers November 13, 2024 I. Call To Order Chair Bennett called the meeting to order at 7:00 PM. II. Roll Call Answering the roll call were: Commissioners Alkire, Bornstein, Miranda, Padilla, Smith, Hahneman, Felt, Joncas, and Chair Bennett. Staff Present: Cary Teague, Community Development Director; Kris Aaker, Assistant Planner; and Liz Olson, Administrative Support Specialist. Absent from the roll call: Commissioner Daye and Jha. III. Approval Of Meeting Agenda Commissioner Bornstein moved to approve the agenda for November 13, 2024. Commissioner Padilla seconded the motion. Motion carried. IV. Approval Of Meeting Minutes A. Minutes: Planning Commission, October 30, 2024 Commissioner Alkire moved to approve the October 30, 2024, meeting minutes. Commissioner Hahnemann seconded the motion. Motion carried. V. Community Comment None. VI. Special Recognition None. VII. Public Hearings A. 5605 McGuire Road, Variance Request of 2.8% (627.5 sq ft) from the 50% Impervious Surface Requirement Assistant Planner Aaker presented the variance request. Staff recommends denial of the variance, as requested, subject to the findings and conditions listed in the staff report. Staff answered Commission questions. Page 481 of 545 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 2 of 4 Appearing for the Applicant Mr. Josh Kohler, the landscape designer for the Southview Design project, addressed the Commission and answered questions. Public Hearing None. Commissioner Miranda moved to close the public hearing. Commissioner Hahnemann seconded the motion. Motion carried. The Commission discussed the variance request and staff recommendation of denial. Motion Commissioner Alkire moved that the Planning Commission recommend denial to the City Council of the variance request as outlined in the staff memo subject to the conditions and findings therein. Commissioner Padilla seconded the motion. The motion carried 5 ayes and 3 nays (Smith, Hahnemann, Bennett). The entire meeting discussion can be viewed on the official City website. B. Comprehensive Plan Amendment, Rezoning, and Site Plan with Variances – 6016 Vernon Avenue Director Teague presented the request for a Comprehensive Plan Amendment, Rezoning, and Site Plan with Variances. Staff recommends approval of the Comprehensive Plan Amendment, as requested, subject to the findings and conditions listed in the staff report. Staff answered Commission questions. Appearing for the Applicant Mr. Ed Terhar, Stantec, remotely answered Commission questions. Mr. Jesse Hamer, Momentum Design Group, addressed the Commission and answered questions. Mr. Jake Schaeffer, 6024 Hanson Road, Edina, Station Pizza, addressed the Commission on peak-hour traffic concerns and building aesthetics. Public Hearing Mr. James Allen, 6105 Eden Prairie Road, Edina, addressed the Commission and indicated he was against this request. Page 482 of 545 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 3 of 4 Mr. Matthew Peppers, 6004 Eden Prairie Road, Edina, addressed the Commission and said he did not favor this request. Ms. Barbara Bendor, 6105 Eden Prairie Road, Edina, addressed the Commission and indicated she did not favor this request. Ms. Mary Melander, 6105 Eden Prairie Road, Edina, addressed the Commission and explained she did not favor this request. Ms. Pam Allen, 6105 Eden Prairie Road, Edina, addressed the Commission with her concerns about the request. Ms. Gaye Christensen, 6116 Eden Prairie Road, Edina, addressed the Commission and expressed her opposition to the request. Mr. Tom Kohlbry, 6004 Kmart Drive, Edina, addressed the Commission and explained the neighborhood does not want this change. Ms. Mary Kenealy-Bredice, 6020 Kmart Drive, Edina, addressed the Commission and stated she was against this request. Mr. John Wellborn, 6008 Eden Prairie Road, addressed the Commission and opposed the request. Commissioner Felt moved to close the public hearing. Commissioner Alkire seconded the motion. Motion carried. The Commission deliberated the request. Youth Commissioner Joncas left the meeting during deliberation. Motion Commissioner Hahnemann moved that the Planning Commission recommend approval to the City Council of the Comprehensive Plan Amendment as outlined in the staff memo subject to the conditions and findings therein, with changes to add the words “and housing.” Commissioner Smith seconded the motion. The motion carried. Commissioner Felt moved that the Planning Commission recommend approval to the City Council of the Rezoning, Site Plan, and Variance as outlined in the staff memo subject to the conditions and findings therein, adding a recommendation to have the sidewalk as close to the property line as possible. Commissioner Padilla seconded the motion. Motion carried. The entire meeting discussion can be viewed on the official City website. VIII. Reports/Recommendations IX. Chair and Member Comments Received. Page 483 of 545 Draft Minutes☒ Approved Minutes☐ Approved Date: ___, 2024 Page 4 of 4 X. Staff Comments Received. XI. Adjournment Commissioner Padilla moved to adjourn the November 13, 2024, Meeting of the Edina Planning Commission at 10:24 PM. Commissioner Felt seconded the motion. Motion carried. Page 484 of 545 © WSB & Associates 2013 Parcels November 7, 2024 Map Powered By DataFi / 1 in = 46 ft Page 485 of 545 Page 486 of 545 DATE: 11/8/2024 TO: Liz Olson – Administrative Support Specialist FROM: Ross Bintner, PE – Engineering Services Manager RE: 5605 McGuire Rd - Variance Review The Engineering Department has reviewed the subject property for street and utility concerns, grading, stormwater, erosion and sediment control and for general adherence to the relevant ordinance sections. This review was performed at the request of the Planning Department. Plans reviewed included existing conditions survey dated 06/28/2024, site plan dated 07/09/2024, erosion and sediment control plan dated 09/20/24, and stormwater management plan dated 09/19/2024. Summary of Work The applicant proposes to construct a patio. The request is for a variance from the maximum 50% impervious surface requirement. Easements There is a utility easement along the south property line. It is not affected by this application. Grading and Drainage Site drains to Nine Mile Creek through City storm sewer. The patio adds approximately 721 square feet of new impervious area. It appears that the additional impervious will drain to private property. Stormwater Mitigation The project increases the impervious surfaces by ~721 sf and drains to a regional flooding area. Stormwater mitigation is required per building policy SP-003-E as it meets the following 3 conditions of a category 2 permit; 1. The addition of over 400 square feet of new impervious surface with a drainage path that is directed to private property. 2. A site that proposes that proposes greater than 50% impervious surface. 3. The continuation, addition or modification of previously permitted activities from the last five years, that when reviewed as a whole would trigger one or more of the above requirements. A preliminary stormwater management plan was reviewed and appears satisfactory. Final approval of stormwater management plan will be verified during final permit approval. If variance is approved, applicant must apply for a grading permit if no other permit is required. Floodplain Development The patio is not proposed within any regional or local floodplain boundaries. Erosion and Sediment Control A preliminary erosion and sediment control plan was reviewed and appears satisfactory. Final approval of erosion and sediment control plan will be verified during final permit approval. Street and Driveway Entrance N.A. Public Utilities N.A. Page 487 of 545 Miscellaneous An updated Nine Mile Creek Watershed District permit is required or documentation that one is not required. Page 488 of 545 • STORMWATER MANAGEMENT PLAN Lot 7, Block 6, La Buena Vista 5605 Mcquire Road Edina, Minnesota September 19, 2024 Prepared By: DEMARC LAND SURVEYING 5 ENGINEERING Prepared For: Southview Design 2383 Pilot Knob Road St. Paul, MN, 55120 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 Professional Engineer under the laws of the State of Minnesota. 'Jeffrey A Prasch, E Project Engineer 52706 09.19.24 License Number Date Page 489 of 545 A Stormwater Management Plan 5605 Mcguire Road — Edina, MN September 19, 2024 Table of Contents Table of Contents i 1.0 Project Overview ii 2.0 Design Considerations ii 3.0 Rate Control ii Table 3.1 — Discharge Rate Summary ii 4.0 Volume Control iii Appendix A — Figures Figure 1 — Drainage Areas Existing Conditions Figure 2 — Drainage Areas Proposed Conditions Figure 3 — Precipitation Data Appendix B — Existing Conditions 10-Year Summary 1-6 Appendix C — Proposed Conditions 10-Year Summary 7-16 Appendix D — Soil Summary 1-3 i Page 490 of 545 A Stormwater Management Plan 5605 Mcguire Road — Edina, MN September 19, 2024 1.0 Project Overview A new patio area is being proposed at 5605 McGuire Road in the City of Edina, Minnesota. This site is within the Nine Mile Creek Watershed District (NMCWD). The current site is 0.52 acres with a residence, garage, shed, pool and driveway on the property. Existing residences surround the project site with the street to the north. The drainage patterns split the property with about half the site draining to the street and the rear yard draining to private property. The property does not drain to structural flooding issues. The existing drainage conditions are shown in Figure 1. The proposed improvements include a paver patio and associated steps, walk and walls. The improvements will increase the impervious area draining to private property by more than 400 sf. The proposed conditions will maintain similar drainage paths to the existing conditions. The proposed drainage is shown in Figure 2. 2.0 Design Considerations The City of Edina dictates the requirements for this site. The on-site stormwater system design is based on their guidelines. This property is located within the Nine Mile Creek Watershed District (NMCWD); because the proposed improvements increase the impervious area by less than 50%, no demonstration of compliance with their stormwater requirements is required. The following design tools, methods, and considerations were used in the design of the on-site storm water system: Rainfall Distribution — MSE 24-hour Type Ill Rate and Volume Modeling Software — HydroCAD 10.20 Soil Conditions — Hydrologic Soil Group B based on web soil survey shown in Appendix D. Rainfall Data — NOAA Atlas 14 rainfall data as shown in Figure 3. 3.0 Rate Control The City of Edina manages rate control for this property. Their rule states that there will be no increase in peak rate to private property for the 10% annual probability event (NOAA Atlas 14, 10-year). Table 3.1 shows the existing and proposed runoff rates. Table 3.1 — Discharge Rate Summary Discharge Node Discharge Rate [cfs] 10-Year Storm Event Pre- Post- Private Property (2L) 0.99 0.98 Street (1L) 0.98 0.98 ii Page 491 of 545 A Stormwater Management Plan 5605 Mcguire Road — Edina, MN September 19, 2024 4.0 Volume Control The City regulates the volume of water discharged from the site. The site does not drain to structural flooding issues per the City of Edina Engineering Department. Therefore, no volume control is required. iii Page 492 of 545 Appendix A Figures Page 493 of 545 FIGURE 1 0 30 6 LEGEND SUBCATCHMENT NUMBER A POND/CATCH BASIN NUMBER LINK NUMBER = REACH NUMBER DRAINAGE ARROW (1) 0 E < z w 0 0 0 Q 0 Z z g P v-`12 15 SCALE IN FEET 09.19.24 MCGUIRE ROAD Page 494 of 545 MCGUIRE ROAD LOT 8 14 1OT 0 wa< 1-0 0 z 0 L0 2 _1<ix_ r- 0 I-03 2 W 8 U.) U) 0 < cc z 0 NJ <a Z 111 — (/) 0 0- a 0 FIGURE 2 LEGEND SUBCATCHMENT NUMBER A POND/CATCH BASIN NUMBER 1L3 LINK NUMBER Ei REACH NUMBER DRAINAGE ARROW 30 60 SCALE IN FEET 09.19.24 Page 495 of 545 NOAA Atlas 14, Volume 8, Version 2 Location name: Minneapolis, Minnesota, USA* Latitude: 44.9121°, Longitude: -93.3572° Elevation: 969 ft** • source: ESRI Maps " source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Mchaet Yenta, Geolfery Bonnin NOAA, National Weather Service, Silver Spring, Maryland PF tabular I PF graphical I Maps & aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Duration Average recurrence Interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 0.353 (0.285-0.442) 0.419 (0.338-0.525) 0.532 (0.428-0.668) 0.631 (0.504-0.796) 0.774 (0.600-1.01) 0.891 (0.673-1.18) 1.01 (0.737-1.37) 1.14 (0.795-1.58) 1.32 (0.883-1.87) 1.46 (0.949-2.09) 10-min 0.517 (0.417-0.647) 0.613 (0.495-0.768) 0.779 (0.626-0.979) 0.924 (0.738-1.16) 1.13 (0.879-1.48) 1.30 (0.985-1.73) 1.48 (1.08-2.00) 1.67 (1.16-2.32) 1.93 (1.29-2.74) 2.14 (1.39-3.07) 15-min 0.630 (0.509-0.789) 0.748 (0.603-0.937) 0.950 (0.784-1.19) 1.13 (0.900-1.42) 1.38 (1.07-1.81) 1.59 (1.20-2.10) 1.81 (1.32-2.44) 2.04 (1.42-2.82) 2.36 (1.58-3.34) 2.61 (1.69-3.74) 30-min 0.891 (0.720-1.12) 1.06 (0.859-1.34) 1.36 (1.10-1.71) 1.62 (1.30-2.05) 2.00 (1.55-2.62) 2.30 (1.74-3.05) 2.62 (1.91-3.54) 2.96 (2.06-4.09) 3.42 (2.29-4.85) 3.78 (2.46-5.43) 60-min 1.16 (0.938-1.46) 1.38 (1.12-1.74) 1.78 (1.44-2.24) 2.15 (1.72-2.71) 2.71 (2.11-3.58) 3.18 (2.41-4.23) 3.68 (2.69-5.01) 4.23 (2.96-5.89) 5.00 (3.36-7.14) 5.63 (3.66-8.08) 2-hr 1.43 (1.16-1.78) 1.70 (1.38-2.12) 2.21 (1.79-2.75) 2.68 (2.16-3.36) 3.42 (2.69-4.51) 4.05 (3.10-5.38) 4.74 (3.49-6.43) 5.50 (3.88-7.63) 6.59 (4.46-9.35) 7.48 (4.90-10.7) 3-hr 1.60 (1.30-1.98) 1.89 (1.54-2.34) 2.46 (2.00-3.05) 3.00 (2.43-3.75) 3.88 (3.08-5.12) 4.64 (3.57-6.16) 5.49 (4.07-7.44) 6.43 (4.57-8.91) 7.80 (5.32-11.1) 8.94 (5.88-12.7) 6-hr 1.88 (1.54-2.31) 2.21 (1.81-2.72) 2.86 (2.34-3.53) 3.51 (2.85-4.35) 4.56 (3.66-6.01) 5.50 (4.27-7.27) 6.54 (4.89-8.82) 7.71 (5.52-10.6) 9.42 (6.47-13.3) 10.8 (7.20-15.3) 12-hr 2.13 (1.76-2.60) 2.53 (2.09-3.09) 3.27 (2.69-4.00) 3.98 (3.25-4.89) 5.09 (4.09-6.60) 6.05 (4.72-7.90) 7.11 (5.34-9.47) 8.28 (5.96-11.3) 9.96 (6.89-13.9) 11.4 (7.59-15.9) 24-hr 2.49 (2.07-3.02) 2.86 (2.38-3.47) 3.58 (2.96-4.35) 4.28 (3.52-5.23) 5.40 (4.38-6.97) 6.39 (5.02-8.29) (5.67-9.91) 8.70 (6.32-11.8) 10.5 (7.31-14.5) 12.0 (8.06-16.6) 2-day 2.90 (2.43-3.49) 3.25 (2.72-3.91) 3.94 (3.28-4.76) 4.64 (3.84-5.61) 5.76 (4.70-7.37) 6.76 (5.35-8.70) 7.87 (6.02-10.4) 9.12 (6.68-12.3) 11.0 (7.72-15.1) 12.5 (8.50-17.2) 3-day 3.16 (2.66-3.79) 3.52 (2.96-4.22) 4.23 (3.54-5.08) 4.93 (4.10-5.95) 6.07 (4.97-7.73) 7.08 (5.63-9.07) 8.21 (6.30-10.7) 9.47 (6.97-12.7) 11.3 (8.00-15.5) 12.9 (8.79-17.7) 4-day 3.37 (2.84-4.02) 3.76 (3.16-4.49) 4.51 (3.78-5.40) 5.23 (4.36-6.29) 6.39 (5.24-8.08) 7.41 (5.90-9.44) 8.53 (6.56-11.1) 9.78 (7.22-13.0) 11.6 (8.23-15.8) 13.1 (9.00-18.0) 7-day 3.88 (3.28-4.60) 4.38 (3.70-5.20) 5.28 (4.45-6.28) 6.09 (5.11-7.28) 7.32 (5.99-9.11) 8.35 (6.66-10.5) 9.45 (7.28-12.2) 10.6 (7.87-14.0) 12.3 (8.77-16.7) 13.7 (9.46-18.6) 10-day 4.37 (3.71-5.16) 4.96 (4.20-5.86) 5.96 (5.04-7.06) 6.84 (5.75-8.14) 8.12 (6.64-10.0) 9.16 (7.31-11.4) 10.2 (7.90-13.1) 11.4 (8.44-14.9) 13.0 (9.26-17.4) 14.2 (9.88-19.3) 20-day 5.94 (5.08-6.97) 6.67 (5.70-7.83) 7.87 (6.70-9.25) 8.87 (7.50-10.5) 10.3 (8.40-12.4) 11.3 (9.08-13.9) 12.4 (9.63-15.6) 13.5 (10.1-17.5) 15.0 (10.8-19.9) 16.2 (11.3-21.7) 30-day 7.34 (6.30-8.56) 8.19 (7.02-9.57) 9.56 (8.17-11.2) 10.7 (9.08-12.6) 12.2 (10.0-14.7) 13.3 (10.7-16.3) 14.5 (11.2-18.1) 15.6 (11.6-20.0) 17.0 (12.3-22.4) 18.1 (12.7-24.3) 45-dav - 9.14 (7.87-10.6) 10.2 11.9 (8.78-11.9) (10.2-13.8) 13.2 (11.3-15.4) 14.9 (12.3-17.8) 16.2 (13.0-19.6) 17.4 (13.5-21.5) 18.5 (13.9-23.6) 19.9 (14.4-26.0) 20.9 (14.8-27.9) 60-day 10.7 (9.24-12.4) 12.0 14.0 (10.3-13.9) (12.0-16.2) I 15.5 (13.2-18.1) 17.4 (14.4-20.7) 18.8 (15.2-22.7) 1 20.1 (15.7-24.8) 21.3 (16.0-26.9) 22.7 (16.4-29.4) I 23.6 (16.7-31.3) 1 Precipitation frequency PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical Page 496 of 545 Appendix B Existing Conditions 10-Year Summary Page 497 of 545 Kis) (2S ) Sub at 2S 1L Street private property Routing Diagram for Existing Conditions Prepared by Gregory Group DBA Demarc, Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Subcat Reach Page 498 of 545 Existing Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10,20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Area (sq-ft) CN Area Listing (all nodes) Description (subcatchment-numbers) 11,324 61 >75% Grass cover, Good, HSG B (1S, 2S) 8,212 98 Paved parking, HSG B (1S, 2S) 3,046 98 Roofs, HSG B (1S, 2S) 22,582 79 TOTAL AREA Printed 9/20/2024 Page 2 Page 499 of 545 0.98 cfs v / / / / / / 0 Existing Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 0 2023 HydroCAD Software Solutions LLC MSE 24-hr 3 10-Year Rainfall=4.26" Printed 9/20/2024 Page 3 Summary for Subcatchment 1S: Subcat 1S Runoff = 0.98 cfs @ 12.14 hrs, Volume= 2,319 cf, Depth= 2.26" Routed to Link 1L : Street Runoff by SCS TR-20 method, UH=SCS, Split Pervious/Imperv., Time Span= 0.00-72.00 hrs, dt= 0.01 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (sf) CN Description 7,093 61 >75% Grass cover, Good, HSG B 3,182 98 Paved parking, HSG B 2,061 98 Roofs, HSG B 12,336 77 Weighted Average 7,093 61 57.50% Pervious Area 5,243 98 42.50% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 1S: Subcat 1S Hydrograph [..y..F.;.(2.,-„..zij MSE 24-hr 3 10-Year Rainfall=4.26" Runoff Area=12,336 sf Runoff Volume=2,319 cf Runoff Depth=2.26" Tc=7.0 min CN=61/98 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) Page 500 of 545 / / / Existing Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC MSE 24-hr 3 10-Year Rainfall=-4,26" Printed 9/20/2024 Page 4 Summary for Subcatchment 2S: Subcat 2S Runoff = 0.99 cfs @ 12.14 hrs, Volume= 2,351 cf, Depth= 2.75" Routed to Link 2L : private property Runoff by SCS TR-20 method, UH=SCS, Split Pervious/lmperv., Time Span= 0.00-72.00 hrs, dt= 0.01 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (sf) CN Description 4,231 61 >75% Grass cover, Good, HSG B 5,030 98 Paved parking, HSG B 985 98 Roofs, HSG B 10,246 83 Weighted Average 4,231 61 41.29% Pervious Area 6,015 98 58.71% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 2S: Subcat 2S Hydrograph [q Runoff 0.99 cfs MSE 24-hr 3 10-Year Rainfall=4.26" Runoff Area=10,246 sf Runoff Volume=2,351 cf Runoff Depth=2.75" 0 Tc=7.0 min CN=61/98 • 0 • 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 68 60 62 64 66 68 70 • i2 Time (hours) Page 501 of 545 I CI AR rfs 0.98 cfs V 277 0 2 4 6 8 0 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 41 46 48 50 52 54 5658 60 62 6466 68 70 72 Time (hours) 0 Inflow q Primary Inflow Area=12,336 sf Existing Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 5 Summary for Link 1L: Street Inflow Area = 12,336 sf, 42.50% Impervious, Inflow Depth = 2.26" for 10-Year event Inflow = 0.98 cfs @ 12.14 hrs, Volume= 2,319 cf Primary = 0.98 cfs @ 12.14 hrs, Volume= 2,319 cf, Atten= 0%, Lag= 0.0 min Primary outflow = Inflow, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Link 1L: Street Hydrograph Page 502 of 545 Existing Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 6 Summary for Link 2L: private property Inflow Area = 10,246 sf, 58,71% Impervious, Inflow Depth = 2.75" for 10-Year event Inflow = 0.99 cfs @ 12.14 hrs, Volume= 2,351 cf Primary = 0.99 cfs @ 12.14 hrs, Volume= 2,351 cf, Atten= 0%, Lag= 0.0 min Primary outflow = Inflow, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Link 2L: private property Hydrograph LL 0 QQ rfs 0.99 cfs Inflow Area=10,246 sf /7 ."..e" W I q Inflow q Primary 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 6'4 66 68 70 72 Time (hours) Page 503 of 545 Appendix C Proposed Conditions 10-Year Summary Page 504 of 545 (3S (new Subcat) 2R) ... Subct 1S Subcat 2S 1L Street FrenIh,Drain private property Routing Diagram for Proposed Conditions Prepared by Gregory Group DBA Demarc, Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Subcat Reach Link Page 505 of 545 Proposed Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 0 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area CN Description (sq-ft) (subcatchment-numbers) 10,663 61 >75% Grass cover, Good, HSG B (1S, 2S, 3S) 523 98 Paved parking, HSG A (3S) 8,349 98 Paved parking, HSG B (1S, 2S) 3,046 98 Roofs, HSG B (1S, 2S) 22,581 81 TOTAL AREA Printed 9/20/2024 Page 8 Page 506 of 545 0 Proposed Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC MSE 24-hr 3 10-Year Rainfall=4.26" Printed 9/20/2024 Page 9 Summary for Subcatchment 1S: Subcat 1S Runoff = 0.98 cfs @ 12.14 hrs, Volume= 2,320 cf, Depth= 2.26" Routed to Link 1L : Street Runoff by SCS TR-20 method, UH=SCS, Split Pervious/Imperv., Time Span= 0.00-72.00 hrs, dt= 0.01 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (sf) CN Description 7,088 61 >75% Grass cover, Good, HSG B 3,187 98 Paved parking, HSG B 2,061 98 Roofs, HSG B 12,336 77 Weighted Average 7,088 61 57.46% Pervious Area 5,248 98 42.54% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 1S: Subcat 1S Hydrograph 11.:11r..zi-111 MSE 24-hr 3 10-Year Rainfall=4.26" Runoff Area=12,336 sf Runoff Volume=2,320 cf Runoff Depth=2.26" Tc=7.0 min CN=61/98 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) 0.98 cfs 0 U- Page 507 of 545 0.98 cfs Proposed Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 0 2023 HydroCAD Software Solutions LLC MSE 24-hr 3 10-Year Rainfall=4.26" Printed 9/20/2024 Page 10 Summary for Subcatchment 2S: Subcat 2S Runoff = 0.98 cfs @ 12.14 hrs, Volume= 2,341 cf, Depth= 2.90" Routed to Link 2L : private property Runoff by SCS TR-20 method, UH=SCS, Split Pervious/Imperv., Time Span= 0.00-72.00 hrs, dt= 0.01 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (sf) CN Description 3,535 61 >75% Grass cover, Good, HSG B 5,162 98 Paved parking, HSG B 985 98 Roofs, HSG B 9,682 84 Weighted Average 3,535 61 36.51% Pervious Area 6,147 98 63.49% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7,0 Direct Entry, Subcatchment 2S: Subcat 2S Hydrograph 0 MSE 24-hr 3 10-Year Rainfall=4.26" Runoff Area=9,682 sf Runoff Volume=2,341 cf Runoff Depth=2.90" Tc=7.0 min CN=61/98 o 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) Page 508 of 545 MSE 24-hr 3 10-Year Rainfall=4.26" Runoff Area=563 sf Runoff Volume=179 cf Runoff Depth=3.81" Tc=7.0 min CN=61/98 0.08 0.075 0.07 0.065 0.06- 0.055 0.05 0.045- 0 0.04- - 0.035 0.03- 0.025 0.02 0.015- 0.01 0.005- 0 Proposed Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 11 Summary for Subcatchment 3S: (new Subcat) Runoff = 0.07 cfs @ 12.14 hrs, Volume= 179 cf, Depth= 3.81" Routed to Pond 3P French Drain Runoff by SCS TR-20 method, UH=SCS, Split Pervious/lmperv., Time Span= 0.00-72.00 hrs, dt= 0.01 hrs MSE 24-hr 3 10-Year Rainfall=4.26" Area (sf) CN Description 523 98 Paved parking, HSG A 40 61 >75% Grass cover, Good, HSG B 563 95 Weighted Average 40 61 7.10% Pervious Area 523 98 92.90% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 3S: (new Subcat) Hydrograph q Runoff 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) Page 509 of 545 Proposed Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 12 Summary for Pond 3P: French Drain Inflow Area = 563 sf, 92.90% Impervious, Inflow Depth = 3.81" for 10-Year event Inflow = 0.07 cfs @ 12.14 hrs, Volume= 179 cf Outflow = 0.00 cfs @ 13.19 hrs, Volume= 179 cf, Atten= 94%, Lag= 63.2 min Discarded = 0.00 cfs @ 13.19 hrs, Volume= 179 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routed to Link 2L : private property Routing by Stor-Ind method, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Peak Elev= 926.17' @ 13.19 hrs Surf.Area= 434 sf Storage= 112 cf Plug-Flow detention time= 790.0 min calculated for 179 cf (100% of inflow) Center-of-Mass det. time= 790.0 min ( 1,540.1 - 750.1 ) Volume Invert Avail.Storage Storage Description #1 922.50' 76 cf Custom Stage Data (Prismatic) Listed below (Recalc) 189 cf Overall x 40.0% Voids #2 926.00' 1,028 cf Custom Stage Data (Prismatic) Listed below (Recalc) 1,103 cf Total Available Storage Elevation (feet) Surf.Area (sq-ft) Inc.Store (cubic-feet) Cum.Store (cubic-feet) 922.50 54 0 0 926.00 54 189 189 Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 926.00 55 0 0 927.00 2,000 1,028 1,028 Device Routing Invert Outlet Devices #1 Discarded 922.50' 0.450 in/hr Exfiltration over Surface area #2 Primary 926.40' 1.0' long x 1.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 Coef. (English) 2.69 2.72 2.75 2.85 2,98 3.08 3.20 3.28 3.31 3.30 3.31 3.32 piscarded OutFlow Max=0.00 cfs @ 13.19 hrs HW=926.17' (Free Discharge) 1=Exfiltration (Exfiltration Controls 0.00 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=922.50' (Free Discharge) L2=Broad•Crested Rectangular Weir ( Controls 0.00 cfs) Page 510 of 545 n naf f 0.00 cfs 0.08 0.075 0.07 0.065 0.06 0.055 0.05 0.045- 3 0.04 0 U. 0.035 0.03 0.025 0.02 0.015 0.01- Proposed Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 13 Pond 3P: French Drain Hydrograph I1 Inflow I Outflow I 1 Discarded ID Primary Inflow Area=563 sf Peak Elev=926.17' Storage=112 cf 0.00 cfs 0 2 4 6 8 10 1214 16 1820 22 24 26 28 30 32 34 36 38 4042 44 4648 50 52 54 56 5860 6264 66 6870 72 Time (hours) Page 511 of 545 Proposed Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 14 Stage-Area-Storage for Pond 3P: French Drain Elevation (feet) Surface (sq-ft) Storage (cubic-feet) Elevation (feet) Surface (sq-ft) Storage (cubic-feet) 922.50 54 0 925.15 54 57 922.55 54 1 925.20 54 58 922.60 54 2 925.25 54 59 922.65 54 3 925.30 54 60 922.70 54 4 925.35 54 62 922.75 54 5 925.40 54 63 922.80 54 6 925.45 54 64 922.85 54 8 925.50 54 65 922.90 54 9 925.55 54 66 922.95 54 10 925.60 54 67 923.00 54 11 925.65 54 68 923.05 54 12 925.70 54 69 923.10 54 13 925.75 54 70 923.15 54 14 925.80 54 71 923.20 54 15 925.85 54 72 923.25 54 16 925.90 54 73 923.30 54 17 925.95 54 75 923.35 54 18 926.00 109 76 923.40 54 19 926.05 206 81 923.45 54 21 926.10 304 91 923.50 54 22 926.15 401 106 923.55 54 23 926.20 498 126 923.60 54 24 926.25 595 150 923.65 54 25 926.30 692 180 923.70 54 26 926.35 790 214 923.75 54 27 926.40 887 253 923.80 54 28 926.45 984 297 923.85 54 29 926.50 1,082 346 923.90 54 30 926.55 1,179 400 923.95 54 31 926.60 1,276 459 924.00 54 32 926.65 1,373 522 924.05 54 33 926.70 1,471 591 924.10 54 35 926.75 1,568 664 924.15 54 36 926.80 1,665 742 924.20 54 37 926.85 1,762 825 924.25 54 38 926.90 1,859 913 924.30 54 39 926.95 1,957 1,006 924.35 54 40 927.00 2,054 1,103 924.40 54 41 924.45 54 42 924.50 54 43 924.55 54 44 924.60 54 45 924.65 54 46 924.70 54 48 924.75 54 49 924.80 54 50 924.85 54 51 924.90 54 52 924.95 54 53 925.00 54 54 925.05 54 55 925.10 54 56 Page 512 of 545 a 0 3 o u. 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) Proposed Conditions Prepared by Gregory Group DBA Demarc HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC MSE 24-hr 3 10-Year Rainfall=4.26" Printed 9/20/2024 Page 15 Summary for Link 'IL: Street Inflow Area = 12,336 sf, 42.54% Impervious, Inflow Depth = 2.26" for 10-Year event Inflow = 0.98 cfs @ 12.14 hrs, Volume= 2,320 cf Primary = 0.98 cfs @ 12.14 hrs, Volume= 2,320 cf, Atten= 0%, Lag= 0.0 min Primary outflow = Inflow, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Link 1L: Street Hydrograph I fl cIR rf 0.98 cfs 1 Inflow Area=12,336 sf o Inflow 1 0 Primary Page 513 of 545 Link 2L: private property Hydrograph LL 0." 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 Time (hours) Inflow Area 10,245 sf {0 Inflow 0 Primary rf 0.98 cfs Proposed Conditions MSE 24-hr 3 10-Year Rainfall=4.26" Prepared by Gregory Group DBA Demarc Printed 9/20/2024 HydroCAD® 10.20-5b s/n 09313 © 2023 HydroCAD Software Solutions LLC Page 16 Summary for Link 2L: private property Inflow Area = 10,245 sf, 65.10% Impervious, Inflow Depth = 2.74" for 10-Year event Inflow = 0.98 cfs @ 12.14 hrs, Volume= 2,341 cf Primary = 0.98 cfs @ 12.14 hrs, Volume= 2,341 cf, Atten= 0%, Lag= 0.0 min Primary outflow = Inflow, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Page 514 of 545 Appendix D Soil Summary Page 515 of 545 44° 52'40" N 44° 52' 35" N 8 8 Soil Map—Hennepin County, Minnesota 470920 4710:0 470E60 4709130 8 471040 471030 44° SY 40" N 44° 52' 35" N S Map Scale: 1:778 if printed on A portrait (8.5" x 11") sheet Meters 40 60 A 0 35 70 140 210 Feet Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: DIM Zone 15N WGS84 USDA Natural Resources Web Soil Survey Nom Conservation Service National Cooperative Soil Survey 9/19/2024 Page 1 of 3 N 0 10 20 Page 516 of 545 Map Unit Description: Urban land-Lester complex, 2 to 18 percent slopes---Hennepin County, Minnesota Hennepin County, Minnesota L52C—Urban land-Lester complex, 2 to 18 percent slopes Map Unit Setting National map unit symbol: gj3r Elevation: 800 to 1,020 feet Mean annual precipitation: 23 to 35 inches Mean annual air temperature: 43 to 50 degrees F Frost-free period: 124 to 200 days Farmland classification: Not prime farmland Map Unit Composition Urban land: 75 percent Lester and similar soils: 20 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Urban Land Setting Landform: Moraines Parent material: Loamy till Description of Lester Setting Landform: Hills on moraines Landform position (two-dimensional): Backslope Down-slope shape: Linear Across-slope shape: Linear Parent material: Till Typical profile Ap - 0 to 7 inches: loam Bt - 7 to 38 inches: clay loam Bk - 38 to 60 inches: loam C - 60 to 80 inches: loam Properties and qualities Slope: 6 to 18 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 25 percent Gypsum, maximum content: 1 percent Available water supply, 0 to 60 inches: High (about 10.5 inches) USDA Natural Resources Web Soil Survey 9/19/2024 Conservation Service National Cooperative Soil Survey Page 1 of 2 Page 517 of 545 Map Unit Description: Urban land-Lester complex, 2 to 18 percent slopes---Hennepin County, Minnesota Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6e Hydrologic Soil Group: B Ecological site: R103XY020MN - Loamy Upland Savannas Forage suitability group: Sloping Upland, Acid (G103XS006MN) Other vegetative classification: Sloping Upland, Acid (G103XS006MN) Hydric soil rating: No Minor Components Kingsley Percent of map unit: 5 percent Landform: Hills on moraines Landform position (two-dimensional): Backslope Down-slope shape: Linear Across-slope shape: Linear Ecological site: R103XY020MN - Loamy Upland Savannas Other vegetative classification: Sloping Upland, Acid (G103XS006MN) Hydric soil rating: No Data Source Information Soil Survey Area: Hennepin County, Minnesota Survey Area Data: Version 19, Sep 10, 2023 USDA Natural Resources Web Soil Survey 9/19/2024 ATM Conservation Service National Cooperative Soil Survey Page 2 of 2 Page 518 of 545 Existing Hardcover Proposed Hardcover ExiSting Alley 2087 SF Existing Alley 2007 SF Existing Deck = 126 SF Existing Deck 128 SF Ekistnp Orme = 2710 SF Existing Drive = 2710 SF Exiting House 2735 SF Existing House = 2735 SF Existing Pato 1591 SF Existing Pato 1591 SF Existing Pool • 800 SF ExhillngPool = 800 SF Eviseng Stoop = 233 SF &Meng Stoop = 233 SF Existing Walk 204 SF Existing Walk = 204 SF Total Hardcover = 10486 SF Proposed Boulders 85 SF Total Lot Ares - 22579 SF Proposed Palm • 570 SF Percent Hardcover = 46.44 % Proposed Steppe. 24 SF Proposed Steps • 42 SF Total Hardcover = 11207 SF Total LotArea • 22579 SF Percent Hardcover = 49.63 % Bluoaloria Full Color Thermal 264 so COP To Match Pool Sack 50th Charcoal Soldier Cowl., 316 so It HardScape Legend Plant List Report Common Name Slze rats/ TREES ./- Pink Spire Crabapple 2 EVERGREENS IPDwarf Globe Blue Spruce 1 SHRUBS ODouble Play Doozle Splrea 1 ttar Glow Girl Spireo 5 PERENNIALS Karl Foerster Feather Reed Grass 5 *Shenandoah Switch Grass 7 - !Summer Beauty Allium 19 GROUND COVERS *Red Creeping Thyme 29 VINES OTHERS EXISTING OExIsting Tree 1 Proposed Landscape Area Legend Drve 575 04 On Leicdscape Propose., WAIL UTILITIES KEY Symbol Fixture QTY 0 Downspout 4 L Catch Basin (Existing) 3 6 H2O Spigot 2 El Sump 1 ri Electrical Outlet 1 S. F„ P4 er W t \ , Pornictie Fire F. Ex. neat,. Sih Fence Along "thosting Fence • Eto,icers Co. Pool Deck Edethiricol Outlet By Oiler 6 4 French Dron See Denvec Eng.neering For Specs SOn Logs .Along SJI I Remove fence section while working end out rt bock togictriler cir end of project 1/8' =T-a. 15 SCALE. 1/e•=1.-0 Scale: Desciler AS Koller Dimon associate. Design Assoc Rebsaa0 8 Dale litasse. Tr arm corium proem., relaneollon*laelmap ',mama.; Clespn IK am uraaoni.d duplcom. tdnak Peleaaea 3 of 8 Poo Dele:20241,03 Fib riemem.3324a148 Jamo.v.ve Measure Input- SH Measure Team C8 SH Silt Lags 'Along ,°dev - X Scott Joing 2383 Pilot Knob Rd Design Plan Mendota Heights, MN 55120 5605 McGuire Rd Edina MN 55439 , Phone 651-203-3000 Far 651-455-1734 SOUTHVIEW SoutriviewDesign.corn •$.13ESIGN4, oand.cop. NO Date Pension Notes NO. Dale Issue Notes Page 519 of 545 ir=.111111= 111' 4izt,„0„, UTILITIES KEY Symbol Fixture QTY 0 Downspout 4 Gatch Basin (Existing) 3 6 H2O Spigot 2 U Sump 1 r..1 Electrical Outlet 1 Existing Hardcover Existing Alley = 2087 SF Existing Deck = 126 SF Existing Drive = 2710 SF Existing House = 2735 SF Existing Patio = 1591 SF Existing Pool = 800 SF Existing Stoop = 233 SF Existing Walk = 204 SF Total Hardcover = 10486 SF Total Lot Area = 22579 SF Percent Hardcover = 46.44 % Proposed Hardcover Existing Alley = 2087 SF Existing Deck = 126 SF Existing Drive = 2710 SF Existing House = 2735 SF Existing Patio = 1591 SF Existing Pool = 800 SF Existing Stoop = 233 SF Existing Walk = 204 SF Proposed Boulders = 85 SF Proposed Patio = 570 SF Proposed Steppers = 24 SF Proposed Steps = 42 SF Total Hardcover = 11207 SF Total Lot Area = 22579 SF Percent Hardcover = 49.63 % - - %Immo • r. Vp At. 41111... .11111.. 1" 20 0 = -0" 20 SCALE 40 This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Designer. Measure Input: Josh Koller SH Design Associate: Measure Team: Nick Heiling CB SH Sheet 5 of 5 Released By: Date Released: / / Scott Joing 2383 Pilot Knob Rd Grading Plan 11x17 Mendota Heights, MN 55120 NO Date Revision Notes Phone: 651-203-3000 Fax: 651-455-1734 SOUTH VIEW 5605 McGuire Rd SouthviewDesign.com -'DESIGN- Edina , MN 55439 LP„Ci3C01)( NO Date Issue Notes Scale: " = 20'-0" Print Date: 2024-10-09 File Name: 2024-04-15 Joing.vwx Page 520 of 545 //-/I-ii -- w C 2 0 0 0 x 900.0 X 900 0TC X 900 OTW • 0 LOTAREA CALCULATION: Lot Area = 22,581 SF EXISTING BUILDING COVERAGE: House w/ Cantilever =Z754 SF Covered Porch = 291 SF Deck 116 SF (Less 150 SF). 0 SF Shed = 100 SF Total = 3,145 SF Existing Building Coverage = 13.9% EXISTING IMPERVIOUS SURFACE: House w/ Cantilever = 2,754 SF Covered Porch = 291 SF Driveway, Front Walk = 2,984 SF Deck w/ Steps = 127 SF Shed = 100 SF Patio = 1,578 SF Pool = 820 SF Pool Equipment Pad = 30 SF Driveway Servicing Neighboring Homes =2,574 SF Total = 11,258 SF Existing Impervious Surface = 49.9% Fence Water Main Boulder Retaining Wall Keystone Retaining Wal Air Conditioning Unit Gas Meter Light Pole Power Pole Water Shutoff Valve Existing Elevation Top of Curb Elevation Top of Wall Elevation Existing Contour Found Iron Monument Set Iron Monument Inscribed R.L.S 15230 20 0 20 40 SCALE IN FEET LEGEND 'Driveway to adjoining homes located in rear yard Is not utilized by homeowner al subject properly. NOTE: 25% Maximum Allowable Building Coverage 50% Maximum Allowable Impervious Surface GENERAL NOTES: • Exiating building dimensions are measured to siding and not building foundation. • No title commitment was provided and no research was performed for any easement. not shown on this survey. • Location of utilities hown are from observed vidence In the field and/or plans furnished by others and are considered aggro imate. Gopher State One Call or a private utility locator should be contacted to locate dillies on site before excavation. N00°21 '43"W 175.02 M Its A r---5;UTPXY EL.E1a7-- 7- , 15 I rs'T-L. k../ I MCGUIRE ROAD N89°31'54"E 33.40 MEAS. (33.4 MAP stz164.05 A.13°33'47' ' (L.36.6 no 46.47 MEAS. X S27 7 P27 OLT /// XP7, <5\ moor 10/ ej L . I SNARED ASPAHLT DRIVEWAY S89°40'05"W 185.00 MEAS. (185.0 PLAT) X.P2PC TREE INVENTORY TREE NO. SPECIES D.B.H. HEIGHT CLASSIFICATION C.R.Z. TREE PLAN NOTES #100 SPRUCE 15' OVER 30' HERITAGE 22.5' N/A #101 SILVER MAPLE 24* NOT PROTECTED 36' N/A #102 COTTONWOOD 48' HERITAGE 72' N/A #103 SILVER MAPLE 36' NOT PROTECTED 54' N/A #104 SILVER MAPLE 24" NOT PROTECTED 36' N/A #105 ELM 24' PROTECTED 36' N/A #106 ELM 15' PROTECTED 22.5' N/A #107 ELM 20' PROTECTED 30' N/A #108 ELM 20' PROTECTED 30' N/A #109 ELM 24' PROTECTED 36' N/A #110 SILVER MAPLE 30' NOT PROTECTED 45' N/A #111 APPLE 18' NOT PROTECTED 27' N/A D.B.H. = DI meter at Breast H ight C.R.Z. = Critical Root Zone EXISTING CONDITION SURVEY FOR: SOUTHVIEW DESIGN :V'', DATED: 06-28-2024 WOODROW A. BROWN, R.L.S. MN REG 15230 W. BROWN LAND SURVEYING, INC. 8030 OLD CEDAR AVENUE SO., SURE 228 BLOOMINGTON, MN 55425 PH: (952) 854-4055 WBROVVNLANDSURVEYING.COM EMAIL: INFOOWBROWNLANDSURVEYING.COM JOB NO. 239-24 BOOK/PAGE SCALE 1" = 10' DRAWN CME REFERENCE SITE ADDRESS 5605 McGuire Rd. Edina, MN 55439 PROPERTY DESCRIPTION Lot 7, Block 6, LA BUENA VISTA, Hennepin County, Minnesota. REVISIONS REMARKS Revise impervious surface to include driveway servicing neighboring homes. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND SURVEYING, INC. DATE 07-15-2024 SHEET 1 of 1 18x24 BENCHMARKS ID No. 1164: T.N.H. al the northeast corner of McGuire Rd. and Tracy Ave. Elevation = 921.46 (NGVD 29). ID NO. 963: T.N.H. at the northeast comer of Brook Dr and Tracy Ave. Elevation = 925.48 (NOVD 29). Page 521 of 545 20 0 20 40 SCALE IN FEET LEGEND 1[5501 I LV I 31.7 315 7 1 /Cg=„,„, 15 I E-N L.V I I CIA T LV I MCGUIRE ROAD 4 05 A.13°33.47' 1205 ix) N89°31'54'E 0_06.6 P 33.40 MEAS. (33.4PL41) =36.47 MEAS. 9 , 1 x.253 8104 R i t SHARED ASPAHLT DRIVEWAY X.221 S89°40.05-W 185.00 MEAS. (185.0 PLAT) Revise impervious surface to include driveway servicing neighboring homes. SITE PLAN I PROPOSED PATIO/LANDSCAPING FOR: SOUTHVIEW DESIGN TREE INVENTORY TREE NO. SPECIES D.B.H. HEIGHT CLASSIFICATION C.R.Z. TREE PLAN NOTES #100 SPRUCE 15" OVER 30' HERITAGE 22.5' N/A #101 SILVER MAPLE 24- NOT PROTECTED 36' N/A #102 COTTONWOOD 48' HERITAGE 72' NIA #103 SILVER MAPLE 36' NOT PROTECTED 54' NIA #104 SILVER MAPLE 24' NOT PROTECTED 36' NIA #105 ELM 24' PROTECTED 36' PROTECT #106 ELM 15" PROTECTED 22.5 PROTECT #107 ELM 20' PROTECTED 30' PROTECT #108 ELM 20' PROTECTED 30' PROTECT #109 ELM 24' PROTECTED 36' PROTECT #110 SILVER MAPLE 30' NOT PROTECTED 45' N/A #111 APPLE 18' NOT PROTECTED 27' NIA D.B.H. = DI meter at Breast H Ight C.R.Z. = Critical Root Zone //— w 0 0 X 900.0 X 900 OTC X 903 OTW 900 - • 0 0 0 0 X1900.0) LOT AREA CALCULATION: Lot Area = 22,581 SF EXISTING BUILDING COVERAGE: House w/ Cantilever = 2,754 SF Covered Porch = 291 SF Deck 116 SF (Less 150 SF) = 0 SF Shed = 100 SF Total = 3,145 SF Existing Building Coverage = 13.9% NOTE: 25% Maximum Allowable Building Coverage 50% Maximum Allowable Impervious Surface Fence Water Main Boulder Retaining Wall Keystone Retaining Wall Air Conditioning Unit Gas Meter Light Pole Power Pole Water Shutoff Valve Existing Elevation Top of Curb Elevation Top of Wall Elevation Existing Contour Found Iron Monument Set Iron Monument Inscribed R.L.S 15230 Proposed Silt Fence/Erosion Control Proposed Retaining Wall Proposed Elevation Proposed Contour EXISTING IMPERVIOUS SURFACE: House w/ Cantilever = 2,754 SF Covered Porch = 291 SF Driveway, Front Walk = 2,984 SF Deck w/ Steps =127 SF Shed = 100 SF Patio = 1,578 SF Pool= 820 SF Pool Equipment Pad = 30 SF Driveway Servicing Neighboring Homes = 2,574 SF Total = 11,258 SF Existing Impervious Surface = 49.9% 'Driveway to adjoining homes located In rear yard Is not utilized by homeowner at subject property. PROPOSED IMPERVIOUS SURFACE ADDITIONS: Paver Walk = 130 SF Paver Patio & Steps = 506 SF Stepping Stones = 24 SF Net Impervious Surface Increase = 660 SF Total Proposed Impervious Surface = 11,918 SF or 52.8% GENERAL NOTES: • Existing building dimensions are measured to siding and not building foundation. • No title commitment was provided and no research was performed for any easements not shown on this survey. • Location of utilities hown are from observed vidence In the field and/or plans furnished by others and are considered apple. hnate. Gopher State One Cal or a private utility locator should be contacted to locale Oldies on site before excavation. 07-15-2024 DATE REVISIONS REMARKS JOB NO. 239-24 BOOK/PAGE SHEET 1 of 1 18x24 SITE ADDRESS 5605 McGuire Rd Edina, MN 55439 PROPERTY DESCRIPTION Lol 7, Block 6, LA BUENA VISTA, Hennepin County. Minnesota. BENCHMARKS ID No. II 64: T.N.H. al the northeast comer of McGuire Rd and Tracy Ave. Elevation = 921.46 (NOVD 29). ID No. 963: T.N.H. at the northeast comer of Brook Dr. cud Tracy Ave. Elevation = 925.48 (NOVD 29). I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. W. BROWN LAND SURVEYING, INC. DATED: 07-09-2024 WOODROW A. BROWN, R.L.S. MN REG 15230 SCALE 1"= 10' DRAWN CME REFERENCE W. BROWN LAND SURVEYING, INC 8030 OLD CEDAR AVENUE SO., SURE 228 BLOOMINGTON, MN 55425 PH: (952) 854.4055 WBROWNLANDSURVEYING.COM EMAIL: INFOOWBROWNLANDSURVEYING.COM Page 522 of 545 INLET SPECIFICATIONS AS PER THE PLAN DIMENSION LENGTH AND FLOW VVIDTH TO MATCH FLAP POCKET MINIMUM DOUBLE STITCHED SEAMS ALL AROUND SIDE PIECES AND ON FLAP POCKETS 2111 D2 zm 2 2 FRONT, BACK, AND BOTTOM TO BE MADE FROM SINGLE o. PIECE OF FABRIC TIRE COMPACTION ZONE FLOW EXISTING GROUND -- MACHINE SLICE 8 IN -12 IN DEPTH OVERFLOW HOLES (2 IN X 4 IN HOLE SHALL BE HEAT CUT INTO ALL FOUR SIDE PANELS) GEOTEXTILE FABRIC, -- 36 IN WIDE 5 FT MINIMUM LENGTH POST AT 6 FT MAXIMUM SPACING PLASTIC ZIP TIES (50 LBS TENSILE) LOCATED IN TOP BIN USE REBAR OR STEEL ROD -- FOR REMOVAL (FOR INLETS WITH CAST CURB BOX REPLACE ROD WITH WOOD 2 IN X 4 IN). EXTEND 10 IN BEYOND GRATE WIDTH ON BOTH SIDES, LENGTH VARIES. SECURE TO GRATE VATH WIRE OR PLASTIC TIES. SILT FENCE MACHINE SLICED) NOT TO SCALE INLET PROTECTION NOT TO SCALE LANDSCAPE -I- GRATE/INSPECTION PORT RIM=926.4 6" PERFORATED D a°1 ‘•ll",( 4i \ 144V:I'M 4 _ AtIWP "11441 FRENCH DRAIN --.6 FINAL GRADE 2 MCGUIRE ROAD GENERAL GRADING NOTES: 1. THE STANDARD SPECIFICATIONS FOR THE CITY OF EDINA SHALL APPLY EXCEPT WHERE MODIFIED BY THESE DOCUMENTS. 2. "GOPHER STATE ONE CALL" (1-800-252-1166) SHALL BE NOTIFIED BY THE CONTRACTOR 48 HOURS PRIOR TO ANY EXCAVATION. 3. PRIOR TO ANY CONSTRUCTION, THE GRADING CONTRACTOR SHALL FIELD VERIFY ALL LOCATIONS AND ELEVATIONS OF UNDERGROUND UTILITIES WITH UTILITY COMPANIES. THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY WITH ANY CONFLICTS. 4. THE GRADING CONTRACTOR SHALL PROVIDE POSITIVE DRAINAGE ON THE SITE AT ALL TIMES. 5. EXISTING TOPSOIL SHALL BE SALVAGED TO PROVIDE 4" TOPSOIL COVERAGE OVER ALL DISTURBED AREAS TO BE REVEGETATED. 6. THE BUILDING PAD MUST BE PROVIDED WITH POSITIVE DRAINAGE. THIS WORK SHALL BE INCIDENTAL TO THE GRADING CONTRACT. 7. AFTER THE SILT FENCE HAS BEEN REMOVED REMAINING SEDIMENT SHALL BE SMOOTHED TO CONFORM WITH THE EXISTING GRADE, PREPARED AND SEEDED OR SODDED AS DIRECTED BY THE CITY ENGINEER. 8. NO FINISHED SLOPE SHALL EXCEED 4H : 1V UNLESS OTHERWISE NOTED. 9. PERMITEE MUST MINIMIZE SOIL COMPACTION. METHODS OF MINIMIZING SOIL COMPACTION INCLUDE THE USE OF TRACKED EQUIPMENT. EROSION CONTROL NOTES: 1. ALL EROSION AND SEDIMENT CONTROL BMP'S (I.E. SILT FENCE, BIO-ROLLS, ROCK CONSTRUCTION EXIT, INLET PROTECTION, ETC.) SHALL BE INSTALLED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITY. 2. INLET PROTECTION SHALL BE INSTALLED AT ANY INLET THAT MAY RECEIVE RUNOFF FROM THE DISTURBED AREAS OF THE PROJECT. INLET PROTECTION MAY BE REMOVED FOR A PARTICULAR INLET IF A SPECIFIC SAFETY CONCERN (FLOODING / FREEZING) HAS BEEN IDENTIFIED. THE PERMITTED MUST RECEIVE WRITTEN CORRESPONDENCE FROM THE CITY ENGINEER VERIFYING THE NEED FOR REMOVAL. 3. INSTALL SEDIMENT CONTROL BMP'S, SUCH AS SILT FENCE, AROUND ALL STOCKPILES. 4. RETAIN AND PROTECT AS MUCH NATURAL VEGETATION AS FEASIBLE. WHEN VEGETATION IS REMOVED DURING DEVELOPMENT, THE EXPOSED CONDITION OF LAND SHALL BE KEPT TO THE SHORTEST PRACTICAL PERIOD OF TIME, BUT NOT LONGER THAN 60 DAYS. ANY EXPOSED AREAS EXCEEDING THIS TIME-FRAME SHALL BE TEMPORARILY STABILIZED (STRAW MULCH, WOODCHIPS, ROCK). AREAS BEING USED FOR MATERIAL STORAGE AND AREAS UNDER CONSTRUCTION ARE EXEMPT FROM TEMPORARY STABILIZATION. 5. ANY STEEP SLOPES (3H : 1V OR STEEPER) EXPOSED DURING CONSTRUCTION SHALL BE PROTECTED WITH TEMPORARY VEGETATION, MULCHING OR BY OTHER MEANS ACCEPTABLE TO THE BUILDING OFFICIAL WITHIN 14 DAYS OF CEASING LAND DISTURBING ACTIVITIES ON THE STEEP SLOPES. STOCKPILES MAY BE PROTECTED BY AN ANCHORED TARP OR PLASTIC SHEET. 6. PROVIDE DUST CONTROL AS NECESSARY. DUST CONTROL CAN INCLUDE WATER. 7. REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE DEPOSITED ONTO PUBLIC PAVEMENT AREAS ON A DAILY BASIS OR AS NEEDED. 8. ALL EROSION AND SEDIMENT CONTROL BMP'S SHALL BE INSPECTED EVERY 7 DAYS, OR WITHIN 24 HOURS OF ALL RAIN EVENTS GREATER THAN 1.0" IN 24 HOURS. CORRECTIVE ACTION REQUIRED SHALL BE INITIATED WITHIN 24 HOURS. 9. SILT FENCE, BIO-ROLLS AND INLET PROTECTION DEVICES MUST BE REPAIRED, REPLACED OR SUPPLEMENTED WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES 1/3 THE HEIGHT OF THE DEVICE. THESE REPAIRS MUST BE MADE WITHIN 24 HOURS OF DISCOVERY, OR AS SOON AS FIELD CONDITIONS ALLOW. 10. AFTER FINAL GRADING HAS BEEN COMPLETED, EXPOSED SOILS MUST BE PERMANENTLY STABILIZED AS SOON AS POSSIBLE. PERMANENT STABILIZATION SHALL CONSIST OF 4 INCHES TOPSOIL, AND SEED, MULCH AND FERTILIZER APPLIED BY METHODS AND RATES RECOMMENDED IN MN/DOT SPECIFICATION 2575 AND MN/DOT SEEDING MANUAL, OR SOD. THE SEED MIX SHALL BE MN/DOT 25-151. 11.NO CONCRETE WASHOUT ALLOWED ON SITE, TRUCK BASED SELF CONTAINMENT WASHOUT DEVICES REQUIRED. 12. OIL STAINS ON CITY STREETS SHALL BE CLEANED UP WITH FLOOR DRY, AND DISPOSED OF AS A HAZARDOUS WASTE MATERIAL. 13. ALL HAZARDOUS WASTE SHALL BE STORED CLEANED UP AND DISPOSED OF PER EPA STANDARDS. 14. ALL EROSION AND SEDIMENT CONTROL DEVICES SHALL BE MAINTAINED UNTIL ALL DISTURBED AREAS HAVE BEEN PERMANENTLY STABILIZED. 15. ALL EROSION AND SEDIMENT CONTROL DEVICES SHALL BE REMOVED FROM THE SITE AFTER PERMANENT STABILIZATION HAS BEEN ESTABLISHED. 16.TEMPORARY PUMPED DISCHARGE POLLUTION PREVENTION TECHNIQUES: "DANDY DEWATERING BAG" BROCK WHITE CO. USA. 17. CONTACT PERSON FOR SITE CLEANLINESS AND MAINTENANCE OF THE EROSION AND SEDIMENT CONTROLS: WILLIE DORNIDEN (651) 203-3034. PUBLIC ROAD s, N88'3134•E 33.40 MEAS. (33.4 PLAT) R_1 ( 5 A=13'33%7' (L.;306.6 PLAT) .435.41 MEAS' 1 IN X 2 IN X 24 IN LONG WOODEN STAKES. STAKES SHALL BE DRIVEN THROUGH THE BACK HALF OF THE SEDIMENT CONTROL LOG AT AN ANGLE OF 45 DEGREES WITH THE TOP OF THE STAKE POINTING UPSTREAM. STRAW SEDIMENT CONTROL LOG 20' MINIMUM LENGTH o o SURFACE FLOW RADIUS AS REQUIRED -- CRUSHED ROCK PER SPECIFICATION USE EXISTING DRIVE AS CONSTRUCTION ENTRANCE 1111 \ 01 CAD \ 01 Source \ 01 Survey Base.dwg FRENCH DRAIN (2'x27'X3.5') PER 5/C1 IT SILT FENCE OR - BIO-ROLLS S89.40.05'W 185.00 MEAS. (185.0 PLAT) 922.5(LEVEL BOTTOM) BACKFILL AND COMPACT SOIL FROM TRENCH ON UPGRADIENT SIDE OF SEDIMENT CONTROL LOG EXISTING GROUND PLACE SEDIMENT CONTROL LOG IN SHALLOW TRENCH (1 IN - 2 IN DEPTH) CC) MIN. 4" TOPSOIL NATIVE FILL DEPTH VARIES MIN. 4" PEA GRAVEL CLEAN AGGREGATE (1 1/2"± RIVER ROCK), PEA GRAVEL, OR SAND, (<5% FINES) ADS GEOSYNTHETIC NONWOVEN GEOTEXTILE OR APPROVED EQUAL. MIN. 4" OF R" PEA GRAVEL 8 IN -10 IN EMBEDMENT DEPTH SPACE BETWEEN STAKES SHALL BE A MAXIMUM OF 1 FT FOR DITCH CHECKS OR 2 FT FOR OTHER APPLICATIONS. BIOROLLS EXIT WIDTH AS REQUIRED 1 IN - 2 IN CRUSHED ROCK D EXISTING GROUND ROCK STABILIZING EXIT (IF NECESSARY) NOT TO SCALE NOT TO SCALE - TAPER EDGES AT 1:1 GEOTEXTILE FABRIC AZI1 FRENCH DRAIN gar NOT TO SCALE 20 40 SCALE IN FEET F:\surveyVa buena vista DRAWN BY: ABL CHECKED BY: GRP DESIGNED BY: JAP REVISIONS 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 PROFESSIO • ENGINEER ,UNDER THE LAWS OF THE STATE OF MINNESOTA. EFFREY A. PRASCH, P.E. DATE: 09.20.24 LIC. NO.: 52706 SOUTHVIEW DESIGN 2383 PILOT KNOB ROAD ST. PAUL, MINNESOTA 55120 LOT7, BLOCK 6 LA BUENA VISTA 5605 MCGUIRE ROAD EDINA, MN DEMARC LAND SURVEYING & ENGINEERING 7601 73rd Avenue North (763) 560-3093 Minneapolis, Minnesota 55428 DemarcInc.com PROJECT: 90824 EROSION AND SEDIMENT CONTROL PLAN SHEET NO. Cl OF Cl Page 523 of 545 Project Report Better Together Edina 5605 McGuire Road, Appeal of the Variance Denial from the Planning Commission Page 524 of 545 Visitors 4 Contributors 1 CONTRIBUTIONS 1 18 December 24 Tom K AGREES 0 DISAGREES 0 REPLIES 0 Better Together Edina GUEST BOOK Public Input- 5605 McGuire Road Appeal The Joings' proposal is very reasonable and logical. They don't want, use, or maintain t he driveway and it should not be included in the calculation of their hardscape limit. If t heir variance is denied, the Joings would likely be in their rights to tear up the driveway on their property and plant grass then go ahead with their project. That seems like non sense, so I believe the variance is logical and warranted. Page 525 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Action Meeting: City Council Agenda Number: 8.3 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Appointment of Acting Mayor Action Requested: Appoint Council Member _____ Acting Mayor for 2025. Information/Background: The position of Acting Mayor is an annual appointment by the City Council to serve in official and ceremonial capacities when the Mayor is unavailable or incapacitated. The appointment of Acting Mayor is made by majority vote of the Council. The current Acting Mayor is Council Member Pierce. Supporting Documentation: None Page 526 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 9.1 Prepared By: Marisa Bayer, Sustainability Manager Item Type: Minutes Department: Engineering Item Title: Minutes: Energy and Environment Commission, Nov. 14, 2024 Action Requested: None. Information/Background: Receive Energy and Environment Commission meeting minutes from their November 14, 2024 meeting. Supporting Documentation: 1. EEC Meeting Minutes: Nov 14, 2024 Page 527 of 545 MINUTES OF THE ENERGY & ENVIRONMENT COMMISSION REGULAR MEETING 7:00 PM THURSDAY, NOVEMBER 14, 2024 Meeting location: Edina City Hall Community Room 4801 W. 50th St. Edina, MN 1. Call to Order Chair Lukens called the meeting to order at 7:01 p.m. then shared the procedure for public hearing and community comment. 2. Roll Call Answering roll call were Commissioners Lukens, Haugen, Walker, Bartholomew, Tessman, and Weber. Absent were Commissioners Schima and Dakane, and student Commissioners Langsweirdt and Srivastav. Commissioner Martinez-Salgado arrived at 7:06 p.m. 3. Approval of Meeting Agenda Haugen made a motion, seconded by Tessman, to Approve Meeting Agenda. Motion Carried. 4. Approval of Meeting Minutes 4.1. Minutes from September 12, 2024 Meeting Tessman made a motion, seconded by Weber, to Approve Meeting Minutes. Motion Carried. 5. Special Recognitions and Presentations No special recognition and presentations were received. 6. Community Comment No community comment was received. 7. Reports/Recommendations 7.1. Staff report on Time of Sale with Energy Disclosure Sustainability Manager Marisa Bayer and Chief Building Official Nate Borwege presented the draft staff report on time of sale with energy disclosure, summarizing the staff recommendation to not adopt a policy. Commissioners provided feedback on the staff recommendation, including a request for additional data about home energy audits and Page 528 of 545 building permits before deciding on a Council presentation or Advisory Communication. Staff will bring this data back to the EEC when ready for further discussion. 7.2. Tree Recognition Campaign Commissioners Haugen and Martinez-Salgado discussed the Tree Recognition Campaign, noting 23 nominations were received. Of those 23 nominations, nine are being recognized with formal awards and others are being recognized as honorable mention at the Dec. 17 Council meeting. 7.3. Parking Project Advisory Communication Planning Commission provided a draft outline of the report. EEC discussed their general comments on the report, which will be sent to the Planning Commission work plan leads for incorporation. 7.4. Paved Area / Community Gardens Work Plan Item Commissioner Weber discussed the work plan item, noting some confusion about the language in the work plan and intention of the EEC's role and working with the PARC. Commissioner Weber will move forward with her report based on the discussion to bring forward at a future meeting. 8. Chair and Member Comments • Commissioners discussed the proposed city budget, how the Climate Action Plan will be supported, and if an Advisory Communication makes sense on this topic. 9. Staff Comments • Edina's 2023 GHG inventory will be presented at the December meeting. • Staff Liaison Bayer discussed how she is reviewing Edina's benchmarking ordinance and alignment with the State of Minnesota's program, as some ordinance updates are needed. EEC members suggested the City maintain benchmarking for Class 3 buildings, which are not included in the State of Minnesota's program. 10. Adjournment Haugen made a motion, seconded by Weber, to Adjourn. Motion carried. Meeting adjourned at 9:06 p.m. Page 529 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 9.2 Prepared By: Zoe Johnson, City Management Fellow Item Type: Minutes Department: Administration Item Title: Minutes: Human Rights and Relations Commission, Nov. 20, 2024 Action Requested: None. Information/Background: Receive the HRRC Nov. 20, 2024, meeting minutes. Resources/Financial Impacts: None. Relationship to City Policies: None. Supporting Documentation: 1. HRRC November 20 2024 Minutes Page 530 of 545 MINUTES OF THE HUMAN RIGHTS & RELATIONS COMMISSION Regular Meeting 7:00 PM WEDNESDAY, NOVEMBER 20, 2024 Meeting location: Edina City Hall Community Room 4801 W. 50th St. Edina, MN 1. Call to Order Chair Khalifa calls the November meeting of the Human Rights and Relations Commission to order at 7:04 pm. 2. Roll Call Commissioners Khalifa, Dawkins, Rogers, Stone, Nelson, and Doscotch were all present. Three commissioners arrived late: • Commissioner Ismail arrived at 7:08 p.m. • Commissioner Stringer Moore arrived at 7:15 p.m. • Commissioner Kumar arrived at 7:20 p.m. Commissioner Park was absent. 3. Approval of Meeting Agenda Commissioner Nelson made a motion, seconded by Commissioner Stone, to Approval. Ayes: Bianca Dawkins, Jon Rogers, Daisy Khalifa, Jim Nelson, Jan Stone Nays: None Motion Passed 4. Approval of Meeting Minutes Commissioner Nelson made a motion, seconded by Commissioner Stone, to Approval. Ayes: Bianca Dawkins, Jon Rogers, Daisy Khalifa, Jim Nelson, Jan Stone Nays: None Motion Passed 4.1. Minutes 5. Community Comment 6. Reports/Recommendations 6.1. 2024 Work Plan Updates Sharing Values, Sharing Community Event recap by Commissioner Nelson Page 531 of 545 • 15 surveys returned from participants who turned out at the event. o Future topics of domestic abuse and violence, immigrant stories, native communities in the area, and more were given to the commission for possible future events for HRRC's Sharing Values, Sharing Communities events. • Mayor Hovland commented on how the event was one of the best events the City has hosted. • Word of mouth was important in reaching more of an audience. o Posters were still key in supporting this word of mouth. • Collaboration with various human rights commissions in the region was a discussion topic that came from a commissioner on the Human Rights Commission in Eden Prairie. Tom Oye Award • Separate item on the agenda tonight. Build connections with Community Organizations and Report on Community Awareness of Bias and Discrimination Event Reporting • This item has been put on hold, as bias event reporting has moved to an internal process. 6.2. Approve 2024 Tom Oye Award Recipient Selection of the 2024 Tom Oye Award Recipient by Commissioner Rogers, with Commissioners Stone and Stringer Moore supporting. • There were 11 total nominations for the 2024 Tom Oye Award. o This was one of the most competitive nomination pools the City has ever had for this award, both in quantity and quality. • A local news video was played that illustrated how Edina Unified and its three founding teachers have made a remarkably positive and long-lasting impact on the lives of the program's participants. • Commissioners reported that for the next Tom Oye Award, the HRRC should include an example or exemplar nomination because there was a clear need for a template. • Letters will go out to the award recipient soon. • Commissioner Stringer Moore will speak on behalf of the HRRC during the December 3rd Council meeting to illustrate the great work being done by the program, while Student Commissioner Doscotch (who previously attended Southview Middle and participated in Edina Unified's program) presents the recipients with the award. o The commission expressed an interest in notifying the Special Olympics organization about representation or media coverage if they are interested. o The commission also expressed the desire to invite the nominator of the Page 532 of 545 award recipient to the December 3rd Council meeting. Commissioner Brett Stringer Moore made a motion, seconded by Commissioner Nelson, to Approve the 2024 Tom Oye Award recipients: the Edina Unified program and its founders, Jennie Schaefer, Whitney Brauchla, & Rachel Knaeble. Ayes: Bianca Dawkins , Fartun Ismail, Jon Rogers, Daisy Khalifa, Jim Nelson, Jasmine Brett Stringer Moore, Jan Stone Nays: None Motion Passed 7. Chair and Member Comments Commissioner Nelson thanked Commissioner Stringer Moore on her emcee skills during the HRRC event. Commissioner Dawkins reported that she is struggling with the ideas of principles vs. optics when it comes to this work in human rights, and is ruminating over the comments made tonight. Commissioner Doscotch reported that she was part of the Edina Unified program while she attended Southview Middle, and is excited to see the program and teachers get recognized for their work. 8. Staff Comments 8.1. Staff Updates Staff liaison gave an overview of the following: • November 6th Work Session wherein HRRC's atypical 2025 Work Plan was approved o Task Force charter discussion ▪ Commissioners discussed the potential volatility of moving from a commission to a task force model. ▪ Commissioners discussed and questioned the desire to include a statement that reinstates the HRRC after a given period of time somewhere within the charter. ▪ Commissioners discussed the desire to clarify the language as it relates to the outcome of the atypical Work Plan. ▪ Staff liaison confirmed the background, context, and logistics of this body's evolution from commission to task force, which is thoughtfully written out in a staff memo for public consumption. • Equity Strategic Action Plan and Diamond Inclusiveness Assessment updates o Discussed DIA opportunity and how it compares to other similar assessments. • Confirmed December 18, 2024 HRRC meeting with commissioners. 9. Adjournment Page 533 of 545 Commissioner Brett Stringer Moore made a motion, seconded by Commissioner Ismail, to Adjourn. Ayes: Bianca Dawkins, Fartun Ismail, Jon Rogers, Daisy Khalifa, Jim Nelson, Jasmine Brett Stringer Moore, Jan Stone Nays: None Motion Passed The meeting was adjourned at 8:16 pm. Respectfully Submitted, Minutes approved by Edina Human Rights & Relations Commission, DATE Video Copy of the November 20, 2024, meeting available. Page 534 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 9.3 Prepared By: Andrew Scipioni, Transportation Planner Item Type: Minutes Department: Engineering Item Title: Minutes: Transportation Commission, Oct. 24 and Nov. 21, 2024 Action Requested: None, information only. Information/Background: Receive the minutes of the Transportation Commission's October 24 and November 21, 2024 regular meetings. Supporting Documentation: 1. Minutes: Oct 24, 2024 2. Minutes: Nov 21, 2024 Page 535 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: November 21, 2024 Minutes City Of Edina, Minnesota Transportation Commission City Hall Community Room October 24, 2024 1. Call to Order Chair Lewis called the meeting to order at 6:02 p.m. 2. Roll Call Answering roll call: Commissioners Bildsten, McCarthy, Rubenstein, Wright, Lassig, Lewis Absent: Commissioners Brown, Olson, Plumb-Smith, Rosen Staff present: Transportation Planner Andrew Scipioni, Senior Project Engineer Ben Jore, Assistant City Engineer Aaron Ditzler 3. Approval of Meeting Agenda Motion was made by Commissioner Wright and seconded by Commissioner McCarthy to amend the agenda as follows: Move Item 6.3 to 6.2 Move Item 6.2 to 6.3 All voted aye. Motion carried. Motion was made by Commissioner McCarthy and seconded by Commissioner Rubenstein to approve the amended agenda. All voted aye. Motion carried. 4. Approval of Meeting Minutes Motion was made by Commissioner Rubenstein and seconded by Commissioner McCarthy to approve the September 19, 2024 meeting minutes. All voted aye. Motion carried. 5. Community Comment None. 6. Reports/Recommendations 6.1. Presidents A/B Roadway Reconstruction Project Senior Project Engineer Jore and Assistant City Engineer Ditzler presented the draft engineering study for review and comment. Comments from Commissioners included: Would the City consider a shared-use path on Monroe Ave instead of a sidewalk? Consider asking about shared-use paths on future preconstruction surveys. Consider using yard signs in the neighborhood to increase rate of response to the preconstruction survey. Would the City consider turning one of these streets into a one-way? Recommend updating typical section graphics to show user on a bicycle. Does the City Forester offer residents street trees as part of the project? Page 536 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: November 21, 2024 Could the City provide a property tax break for residents with a multi-modal facility adjacent to their property? Support sticking with the recommendations in the Pedestrian and Bicycle Master Plan out of concern that City Council will downgrade proposed shared-use paths into sidewalks. Telling bicyclists to ride in the street isn’t safe. Commission supports protected bikeways and protected facilities for pedestrians. Consider communicating to residents that only 5’ of shared-use paths need to be maintained in winter. Support the proposed shared-use path on Belmore to promote bike ridership and safety. Motion was made by Chair Lewis and seconded by Commissioner McCarthy to support the proposed shared-use path on Belmore Ln and the proposed sidewalk on Monroe Ave, and to recommend that staff consider separated pedestrian and bicycle facilities on Washington Ave noting that this might result in the loss of on-street parking. All voted aye. Motion carried. 6.2. Pedestrian and Bicycle Master Plan Review Draft Report The Commission reviewed and commented on the draft report. 6.3. Traffic Safety Infrastructure Research Draft Report The Commission reviewed and commented on the draft report. 6.4. Metro Transit Network Now Concept Plan Staff Liaison Scipioni presented the draft concept plan for review and comment. 6.5. Traffic Safety Report of September 24, 2024 The Commission reviewed and commented on the report. 6.6. 2024 Work Plan Updates 1. Traffic Safety Infrastructure Research and Recommendations – Commission reviewed and commented on the draft report. 2. Pedestrian and Bicycle Master Plan – Commission reviewed and commented on the draft report. 3. Parking – No update. 4. 20th Anniversary Proclamation – Completed. 6.7. 2025 Work Plan Update Staff Liaison Scipioni provided an update on the 2025 work plan development process. 7. Chair and Member Comments – Received. 8. Staff Comments – Received. 9. Adjournment Motion was made by Commissioner Rubenstein and seconded by Commissioner Bildsten to adjourn the October 24, 2024 regular meeting at 9:09 p.m. All voted aye. Motion carried. Page 537 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: November 21, 2024 TRANSPORTATION COMMISSION ATTENDANCE J F M A M J J A S O N D # of Mtgs Attendance % Meetings 1 1 1 1 1 1 1 1 1 1 10 SEAT NAME 1 Wright, Grant 1 1 1 1 1 1 1 1 1 9 90% 2 Rubenstein, Tricia 1 1 1 1 1 1 1 1 8 80% 3 Bildsten, Roger 1 1 1 1 1 1 1 1 1 9 90% 4 Lewis, Andy 1 1 1 1 1 1 1 1 1 9 90% 5 Rosen, Adam 1 1 1 1 1 1 6 75% 6 Brown, Chris 1 1 1 1 1 1 1 7 70% 7 Olson, Bethany 1 1 1 1 1 1 1 1 8 80% 8 McCarthy, Bruce 1 1 1 1 1 1 1 1 8 80% 9 Plumb-Smith, Jill 1 1 1 1 1 1 1 1 8 80% 10 Lassig, Augie (s) 1 1 2 100% Page 538 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: December 19, 2024 Minutes City Of Edina, Minnesota Transportation Commission City Hall Community Room November 21, 2024 1. Call to Order Chair Lewis called the meeting to order at 6:02 p.m. 2. Roll Call Answering roll call: Commissioners Bildsten, Brown, Olson, Plumb-Smith, Rubenstein, Wright, Lewis Absent: Commissioners McCarthy, Rosen, Lassig Staff present: Transportation Planner Andrew Scipioni 3. Approval of Meeting Agenda Motion was made by Chair Lewis and seconded by Commissioner Wright to amend the agenda to include add Item 6.1 Advisory Communication: Presidents A/B Multi-Modal Facilities. All voted aye. Motion carried. Motion was made by Commissioner Brown and seconded by Commissioner Rubenstein to approve the amended agenda. All voted aye. Motion carried. 4. Approval of Meeting Minutes Motion was made by Commissioner Bildsten and seconded by Commissioner Brown to approve the October 24, 2024 meeting minutes. All voted aye. Motion carried. 5. Community Comment None. 6. Reports/Recommendations 6.1. Advisory Communication: Presidents A/B Multi-Modal Facilities The Commission reviewed a draft advisory communication related to the Presidents A/B roadway reconstruction project. Motion was made by Chair Lewis and seconded by Commissioner Rubenstein to approve the advisory communication. All voted aye. Motion carried. 6.2. Pedestrian and Bicycle Master Plan Review Draft Report The Commission reviewed and commented on the draft report. 6.3. Traffic Safety Infrastructure Research Draft Report The Commission reviewed and commented on the draft report. Page 539 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: December 19, 2024 Motion was made by Commissioner Plumb-Smith and seconded by Commissioner Rubenstein to approve the report. All voted aye. Motion carried. 6.4. Traffic Safety Report of October 29, 2024 The Commission reviewed and commented on the report. 6.5. 2024 Work Plan Updates 1. Traffic Safety Infrastructure Research and Recommendations – Commission approved final report. 2. Pedestrian and Bicycle Master Plan – Commission reviewed and commented on the draft report. 3. Parking – Received draft advisory communication from Planning Commission, will review at December meeting. 4. 20th Anniversary Proclamation – Completed. 7. Chair and Member Comments – Received. 8. Staff Comments – Received. 8.1. Proposed 2025 Regular Meeting Dates Staff presented the proposed regular meeting dates for 2025. Motion was made by Chair Lewis and seconded by Commissioner Wright to move the March 2025 regular meeting date from the 20th to the 27th. All voted aye. Motion carried. 9. Adjournment Motion was made by Commissioner Rubenstein and seconded by Commissioner Bildsten to adjourn the November 21, 2024 regular meeting at 8:05 p.m. All voted aye. Motion carried. Page 540 of 545 Draft Minutes☐ Approved Minutes☒ Approved Date: December 19, 2024 TRANSPORTATION COMMISSION ATTENDANCE J F M A M J J A S O N D # of Mtgs Attendance % Meetings 1 1 1 1 1 1 1 1 1 1 1 11 SEAT NAME 1 Wright, Grant 1 1 1 1 1 1 1 1 1 1 10 91% 2 Rubenstein, Tricia 1 1 1 1 1 1 1 1 1 9 82% 3 Bildsten, Roger 1 1 1 1 1 1 1 1 1 1 10 91% 4 Lewis, Andy 1 1 1 1 1 1 1 1 1 1 10 91% 5 Rosen, Adam 1 1 1 1 1 1 6 67% 6 Brown, Chris 1 1 1 1 1 1 1 1 8 73% 7 Olson, Bethany 1 1 1 1 1 1 1 1 1 9 82% 8 McCarthy, Bruce 1 1 1 1 1 1 1 1 8 73% 9 Plumb-Smith, Jill 1 1 1 1 1 1 1 1 1 9 82% 10 Lassig, Augie (s) 1 1 2 67% Page 541 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Information Meeting: City Council Agenda Number: 10.1 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: City Manager Goals for 2025 Action Requested: None. Information/Background: The City Manager will share his thoughts on goals and activities for the City for the year ahead. Supporting Documentation: None Page 542 of 545 From:Scott H. Neal To:jhovland@hovlandrasmus.com; James Pierce; Carolyn Jackson; Kate Agnew; Julie Risser Cc:Ari Lenz; Sharon Allison Subject:Prep Memo for City Council Meeting and Work Session for January 7, 2025 Date:Tuesday, January 7, 2025 3:25:38 PM Good Afternoon and Welcome to your first meeting of 2025. Here’s what I’ve got for you for today: WORK SESSION Sen. Latz, Sen Mann, Rep. Youakim and Rep. Greene will all attend the work session tonight to discuss the Council’s state legislative priorities and positions. Sen. Mann needs to leave at 6:15pm. Rep. Greene is ill, but will be joining us remotely. We will also be joined by Katy Sen and lobbyists from the League of Minnesota Cities. CITY COUNCIL MEETING Mayor Hovland, Council Member Pierce and Council Member Jackson will be sworn-in individually by the City Clerk immediately following Roll Call. Council Member Risser has requested that items 6.12 and 6.21 be removed from the Consent Agenda. There are no questions to respond to from the December 17, 2024 Community Comment. Hennepin County Commissioner Edelson has a 10-15 minute presentation for the Council on a variety of Hennepin County issues. We will have a large group of representatives from the Edina High School mountain bike and cycling club joining us tonight. They have a few words to share with the Council and will stay for a photo. The sharing of goals at the end of the meeting is really meant to be a sharing of things you are looking forward to or something Page 543 of 545 that you want to accomplish in 2025. That’s all for now. Scott Scott H. Neal, City Manager952-826-0401 | Fax 952-826-0390sneal@EdinaMN.gov | EdinaMN.gov Page 544 of 545 d ITEM REPORT Date: January 7, 2025 Item Activity: Discussion Meeting: City Council Agenda Number: 11.1 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Council Member Goals for 2025 Action Requested: None. Information/Background: Council Members can share thoughts and goals about the City for the year ahead. Supporting Documentation: None Page 545 of 545