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1991-11-4/18_City Council Packets
AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL NOVEMBER 4, 1991 7:00 P.M. ROLLCALL PROCLAMATION - Chemical Health Week ADOPTION OF CONSENT AGENDA ITEMS - Adoption of Consent Agenda Items is made by the Council Members as to Council items. All and in bold print are Consent Agenda Items enacted by one motion. There will be no a Commissioner or Council Member or citizen removed from the Consent Agenda and considered Commissioners as to HRA items and by the agenda items marked with an asterisk (*) are considered to be routine and will be separate discussion of such items unless requests, in which case the item will be in its normal sequence on the Agenda. EDINA HOUSING AND REDEVELOPMENT AUTHORITY * I. APPROVAL OF MINUTES of HRA Meeting of October 21, 1991 * II. PAYMENT OF HRA CLAIMS III. ADJOURNMENT and so EDINA CITY COUNCIL * I. APPROVAL OF MINUTES of Special and Regular Meetings of October 21, 1991 II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planner. Public comment heard. Motion to close hearing. Zoning Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all members of Council to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. Final Development Plan Approval of Property Zoned Planned District: 3/5 favorable rollcall vote required to pass. A. Preliminary Rezoning R-1 Single Dwelling Unit District to PRD-2 Planned Residence District and Preliminary Plat Approval - Outlot B, Parkwood Knolls 20th Addition (Contd from 09/23/91) III. PUBLIC HEARINGS ON VACATION OF EASEMENTS Affidavits of Notice by Clerk. Presentation by Planner or Engineer. Public comment heard. Motion to close hearing. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote required to pass. A. B. Vacation of Street - Harvey Lane - Parkwood Knolls 20th Addition Vacation of Alley - Between 5411 Zenith Avenue So and 5408 York Avenue So - Seelys 1st Addition to Hawthorne Park IV. ORDINANCES First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of majority of all members of Council required to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. A. Ordinance No. 1222 - Repealing CATV Relief Ordinance and Relief Ordinance Amendment, Providing for Continuance of Certain Aspects of CATV Relief Ordinance, and Restructuring Manner in which Local Programming is Funded B. Resolution Approving Settlement with Grantee under Cable Franchise Ordinance Agenda Edina City Council November 4, 1991 Page 2 V. SPECIAL CONCERNS OF RESIDENTS VI. AWARD OF BIDS A. 1992 Park and Recreation Activities Calendar VII. RECOMMENDATIONS AND REPORTS A. AMM Legislative Policies B. Appointment - Community Health Services Advisory Committee (Turner vacancy) C. 1992 Council Meeting Dates D. Feasibility Report - Tree Trimming/Removal of Diseased Trees Project - Northwest Quadrant of City - Set Hearing Date (12/02/91) VIII. COMMUNICATIONS AND PETITIONS A. Petition for Street Lighting - Intersection of Schaefer Rd, Knoll Dr and South Knoll Dr IX. INTERGOVERNMENTAL ACTIVITIES X. SPECIAL CONCERNS OF MAYOR AND COUNCIL XI. MANAGER'S MISCELLANEOUS ITEMS XII. FINANCE A. Payment of Claims as per pre -list dated 11/04/91: Total $820,105.34 SCHEDULE OF UPCOMING MEETINGS/EVENTS Mon Nov 11 VETERANS DAY - CITY HALL CLOSED Mon Nov 18 Regular Council Meeting (Truth in Taxation Hearing) Sat Nov 23 Ordinance Codification Work Session Mon Dec 2 Regular Council Meeting Mon Dec 16 Regular Council Meeting 7:00 P.M. Council Room 8:00 A.M. Arneson Acres 7:00 P.M. Council Room 7:00 P.M. Council Room PROCLAMATION WHEREAS, alcohol and other drug abuse in the United States has reached epidemic stages, and the 15-24 year -old age group is dying at a faster rate than any other age group; and WHEREAS, red ribbons have been chosen as a symbol of individual and community efforts to reduce the demand for drugs in our communities; and WHEREAS, November 8-15, 1991, is Minnesota Chemical Health Week in Minnesota, and Governor Arne Carlson is the State Honorary Chairperson of Minnesota Chemical Health Week; and WHEREAS, business, government law enforcement, schools, religious institutions, service organizations, communities, neighborhoods, youth, senior citizens and individuals will demonstrate their commitment to help reduce and prevent alcohol and other drug abuse by wearing and displaying red ribbons during Minnesota Chemical Health Week. NOW, THEREFORE, BE IT RESOLVED that November 8-15, 1991, be declared Minnesota Chemical Health Week throughout the City of Edina; and BE IT FURTHER RESOLVED that the Mayor and Council Members of the City of Edina, in recognition of this event, support the activities sponsored by Minnesota Chemical Health Week and encourage community participation in drug awareness, education and prevention activities. MAYOR MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY OCTOBER 21, 1991 ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith and Richards. CONSENT AGENDA ITEMS ADOPTED Motion vas made by Commissioner Smith and was seconded by Commissioner Kelly to approve HRA Consent Agenda items as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE MEETING OF OCTOBER 7. 1991. APPROVED Motion was made by Commissioner Smith and vas seconded by Commissioner Kelly to approve HRA Minutes of October 7, 1991. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR SHERWOOD PARK PLAYGROUND EQUIPMENT Motion was made by Commissioner Smith and vas seconded by Commissioner Kelly for award of bid for Sherwood Park playground equipment to recommended low bidder, Value Recreation, at $10,183.00. Motion carried on rollcall vote, five ayes. *CLAIMS PAID Motion was made by Commissioner Smith and was seconded by Commissioner Kelly to approve payment of the claims as shown in detail on the Check Register dated 10/21/91 and consisting of one page totalling $35,415.89. Motion carried on rollcall vote, five ayes. There being no further business on the HRA Agenda, Chairman Richards declared the meeting adjourned. Executive Director 41.-1 4) N N N N 0 N Y Y Y Y Y Y Y 0 0 0 0 0 0 0 1 1 1 1 1 1 1 i1 i1 is it it # it W Q it t it c it 3 it (.7 U) x it it i( it # i( Q O. Cr) V O 0 1 O. --1 YC CHECK REGISTER CITY OF EDINA HRA z H ACCOUNT NO. ITEM DESCRIPTION 0 0 z W > 01-4302-133-12 01-1390-132-12 WWW -1 NNN V V V V 000)n0)0)0)0) Mnnnnnn 000000 (O(vWWWW(o 00 -r-1w MMMMMMM -r V V V (O(O(O(G(O(O(O V 1l1U)u) N N N N N N N N N N N N N N N N N .-1 _1 .. 1 .--1 -y --1 •-1 .-4 --( .-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1NNNNNN VVV -•1 NN N NNN MMMMMMM M M M M MM M M M M - 1-1 .-1 .-1 -4.--1 . -1 .-1 .--1 .-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0)0)0)0)0)0)0) 000 0 1!)O O 000 000 V -10) 0) 0)0)0) MMMMMMM 000 •--1 MM M MMM V V V M .-1.-i -i-•1.-1.-1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 - 4 -4 ...1 .y -1 --1 .y -1 -4 ..4 0000000 000 0 00 0 000 01-3140-131-12 > > > W W W Cl) NV)WK NON N m(nmaWW WWW ZZZ wowooc N ZZZ QQQ f- i w w MM 000 ow 1 000 Z O wm1LXW00 222 0 WW O 0 w = 4- F-F-HF- WWM Z 22 W 222 Z f F- MOSNNN u) WWW ) 00 1- NN U) r Z 0Z0 ZZZZ JJJ IL ZZ Z QQQ L.L. 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DATE MMMMMMM 0000000 MMMMMMM 0000000 -y -1 --1 -1 •-1 •--1 .--1 .-1 -1 -1 .-1 .-1 -.t MO) 0) 0) CO 0) 0) 0) 0) 0) 0) 0) 0) \\\ \ \\ \ \\\ \ \ \ 000 0 00 0 000 0 0 0 MMM co MM M MMM C) M C) \\\ \ \\ \ \\\ \ \ \ 000 0 00 0 000 0 0 0 -4-4-4 -4 4-4-4 -4 -I-4-4 -4 -i -4 0 x U) it n n 1 nnn n it 00 00 W . 0) 00 it n it (O (D (O it C1 V U) 0 ■ O it 0000000 a N N N + V U) U) it 1n ■ n n n x 0o 00 00 n t n it nnnnnnn it nnn it n nn it n • nnn it N. n n 00 it 00 it 00 00 00 00 00 00 00 . 00 00 00 it 00 00 00 Y 00 # 00 00 00 . 00 00 00 0 x 0 : 0000000 x 000 4 0 00 r 0 . 000 t 0 0 0 M it M it MMMMMMM it MMM 4 M MM it M : MMM x M M M N w w < O v) < v) a w 11-04-91 CHECK REGISTER EDINA HRA 0) Yt U) N o 0 a sc ACCOUNT NO. ITEM DESCRIPTION cc 0 0 z w N 0 U) 0 STEP REPAIR VICTOR CARLSON/SONS DOOR SILL X 0 z 01-1390-132-12 145 Cr) w J IMPERIAL II a x ■ x FUND HRA FUND 01 TOTAL J 0 O 00 0) 0) 00 U1 U) 0 00 M M 00 N N M 00 (Or0 00 0 0 M 00 COCO U) U) -- M v V 00 00 0) 0) z . . 0 c ) .4.4 —.t ---I 0) 0) 0 (O t0 X Q .--I —4 .-4 0) 0) 0) \ \ 0 0 0 M M CO w \ \ \ 1— 0 0 0 < '-I --I "I w 0 0 I-- 0 - Y (O t` 00 00 00 00 - W r- n r- 0) 2 00 00 00 M U 0 0 0 M M M MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 21, 1991 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED by Member Kelly to approve presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was made by Member Smith and was seconded and adopt the Council Consent Agenda items as *MINUTES OF SPECIAL AND REGULAR MEETINGS OF OCTOBER 7, 1991 APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Council Minutes of the Special and Regular Meetings of October 7, 1991. Motion carried on rollcall vote - five ayes. *PUBLIC HEARING CONTINUED INDEFINITELY ON COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY REZONING R-1 TO POD-2 AND PRELIMINARY PLAT (NOR.MANDALE GOLF AREA) Motion was made by Member Smith and was seconded by Member Kelly to continue indefinitely the public hearing on Comprehensive Plan Amendment from Quasi -Public to Public and Office, Preliminary Rezoning R-1 Single Dwelling Unit District to POD-2 Planned Office District and Preliminary Plat Approval for Tract R, RLS No. 1050 (Normandale Golf Area). Motion carried on rollcall vote - five ayes. PRELIMINARY PLAT DENIED FOR ASRA ASHRAF ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen informed Council that the subject property is a vacant parcel containing an area of 37,205 square feet, zoned R-1, located north of Crosstown Highway 62 and east of Vernon Court. Adjacent land uses include developed double bungalow lots to the east, City open space to the northwest and developed single family lots to the northeast. Immediately west of the property is a tract which was recently approved for development with "small lot" single family homes. The 500 foot neighborhood is comprised of 15 single family lots all within the Viking Hills neighborhood which is northeasterly of the property. Median lot dimensions and area are: Median Lot Width 100 feet Median Lot Depth 135 feet Median Lot Area 13,500 square feet The parcels in Gleason Court to the east are zoned R-2, are developed with double bungalows and not included in the 500 foot neighborhood for evaluation purposes. The lot Lot 1 Lot 2 With the proposed proposed preliminary plat suggests dimensions as follows: Lot Width 75 feet (westerly lot) 117 feet a two lot single Lot Depth 205 feet 250 feet exception of lot width on Lot 1, all dimensions lots exceed those in the 500 foot neighborhood. family development with Lot Area 14,050 square feet 22,055 square feet and areas of the At its meeting of October 2, 1991, the Planning Commission recommended modification of the common lot line between the two lots. The modification would provide the required public street frontage for each lot. As originally proposed, Lot 2 had no frontage on the public street. The revised plat would also eliminate the need for a lot width variance for Lot 2, which now has a width of 117 feet. Lot 1 would remain at 75 feet and would require a variance from the neighborhood median width of 100 feet. No other variances are necessary. The Planning Commission recommended approval of the modified two lot plat, subject to: 1) Final Plat Approval and 2) Subdivision Dedication. Presentation by Proponent Mahmood Khan, proponent, informed Council that he and his sister own the subject property. They plan to live in one of the single family homes to be built on each lot, the other home would probably be sold. Mr. Khan submitted that the property to the west has been approved for development with single family homes on lots that are 55 feet in width. Public Comment Speaking to the proposed subdivision were: Pat Senior, 4503 Golf Terrace, who will be moving to Gleason Court; Audrey Johndreau, 6517 Gleason Court; Jerry Clifford, 6516 Gleason Court; Gene Roering, 6519 Gleason Court; Naomi Evans, 6518 Gleason Court; Doug Borth, new resident of Gleason Court; and Wilbur Thomas, 6514 Gleason Court. Comments, questions and concerns voiced included the following: price range for the homes, affect on runoff and natural habitat, prefer a twinhome rather than two large single family homes, concern for retaining walls when excavation begins, and issues of drainage, water in basements of existing homes and further invasion of the hill. In response, Mr. Kahn said that the homes would be valued at $200,000 to $250,000 and that they are willing to work with the neighbors and the City to assure that the smallest amount of land disturbance occurs, that retaining walls remain intact and that the drainage does not cause further problems. Council Comment/Action In response to Member Rice, Planner Larsen said for evaluation purposes, double homes are not included in the neighborhood calculations. Mayor Richards reminded residents that this hearing is only for subdividing the property. As presented and recommended for approval by the Planning Commission, a lot width variance would be needed for the westerly Lot 1. When the lots would be developed, house plans would be disclosed, permits applied for and all aspects of the development would be checked by staff. Member Rice asked if a conservation easement could be applied to this property to protect the hill. Planner Larsen stated that from a staff point of view, two things are driving the location of the homes: 1) to build as far away from the freeway as possible and 2) to have minimal impact on the hill (preserve it and minimize cost of construction). A conservation easement would be viable for protecting the hill. Member Rice commented that, on visiting the site, this development would impact the hill severely and that the logical place would be to construct the homes on the flatter area. Mayor Richards stated that he did not intend to support the subdivision proposal. He felt that the best use of the land would be to develop the property with a twinhome to minimize the environmental impact. Further, that if approved a variance for lot width would be created. Member Smith made a motion to deny the request for preliminary plat approval for the Asra Ashraf Addition. Motion was seconded by Member Kelly. Mr. Kahn, proponent, reiterated that the Council recently approved the development of single family homes on 55 foot lots on the property to the west. He said if he constructed a twin home it would be the only one in the area and it would not be fair because his lots are wider. Ayes: Kelly, Paulus, Rice, Smith, Richards Preliminary plat denied. CONCERN REGARDING STOP SIGNS NOTED Walt Sandison, 4612 West 58th Street, said that there have been five new stop signs in the last year in his area. He suggested that aggressive enforcement may better serve the community because drivers do not observe the stop signs. *BID AWARDED FOR AGENCY SERVICES - ABOUT TOWN MAGAZINE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for agency services for About Town magazine to Lonsbury-Mills, Ltd. at $6,820.17. Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 10/15/91 APPROVED Engineer Hoffman briefly reviewed the recommended action in Section A of the Traffic Safety Committee Minutes of October 15, 1991. Member Kelly made a motion to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of October 15, 1991: 1) To install "NO PARKING" signs at 50-foot distance north and south along the east side of Barrie Road, past the first curve north of Heritage Drive, and to acknowledge Sections B and C of the Minutes. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards told the Council that he has received several calls suggesting that the Council acted precipitously in approving a "STOP" sign at Concord Avenue/South View Lane. He had advised the callers to request that the matter be placed on the Council Agenda so that the issue could be revisited. Member Kelly said she has received calls regarding the Traffic Safety Committee public hearing notification process and asked that the procedure be discussed at a subsequent meeting. APPOINTMENTS MADE TO REGIONAL CITIZEN ADVISORY BOARD Manager Rosland informed Council that the Regional Citizen Advisory Board of the South Hennepin Planning Office will consist of four representatives from each of the four cities: two from the local commission, a Council Member and the human service liaison as designated by each City Manager. Each representative would serve a two-year term and no more than three terms. The Board would meet a minimum of four times a year on a quarterly basis. The Board's functions are: 1) To serve as the main communication link between local advisory groups and the Regional Planning Office. 2) To advise on regional planning issues. 3) To advise on development/implementation of a citizen participation process. 4) To review/make recommendations on the annual work plan and budget of the South Hennepin Regional Planning Office. 5) To monitor and advise on the regional work plan. 6) To serve on sub -committees as needed. As requested by the Council, the Human Relations Commission at its meeting of October 15, 1991, nominated two members for appointment, Betsy Flaten and Nancy Atchison. Member Smith offered to continue working with the South Hennepin Planning Office by serving on the Board. Mayor Richards made a motion for appointment of the following to the Regional Citizen Advisory Board: Nancy Atchison (commission member) - Term to 2/1/94 Betsy Flaten (commission member) - Term to 2/1/93 (to stagger terms) Glenn Smith (Council member) - Term to 2/1/94 Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PUBLIC HEARING HELD: INCREASE IN BEER AND WINE LICENSE FEES FOR 1992 APPROVED Pursuant to due notice given, a public hearing was conducted to consider increasing the fees for beer and wine licenses in accordance with M.S. 340A.408, Subd.3A. Mayor Richards called for public comment on the proposed license fee increase. No comment or objection was heard and no written objections were received hereto. Member Rice made a motion to approve the following beer and wine license fees, effective January 1, 1992: On -sale wine: Restaurants with 50 or fewer seats $630 51 - 100 seats, inclusive 680 101 - 150 seats, inclusive 735 Over 150 seats 785 On -sale and off -sale 3.2 beer: 190 (renewal) 245 (new) Motion was seconded by Member Smith. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. VACANCY EXISTS ON COMMUNITY SERVICES BOARD Mayor Richards announced that the resignation of Chip Sour from the Park Board also created a vacancy on the Community Services Board to which he was the liaison from the Park Board. He asked that the Park Board discuss who might be willing to serve at their meeting of November 12, 1991, and that the matter of appointment be on the Council Agenda for November 18, 1991. AMM LEGISLATIVE POLICY/MEMBERSHIP MEETING 11/7/91 ANNOUNCED Mayor Richards asked that reservations for the Association of Metropolitan Municipalities (AMM) Legislative Policy - Membership Meeting of November 7, 1991, be directed to Manager Rosland. Council was asked to review the proposed policies and legislative proposals for 1992 prior to the meeting for possible action to be taken. Mayor Richards said it would be helpful if AMM would highlight those policies which have been changed. Member Smith asked that the Council at the November 4, 1991, meeting be given an outline of how specific policies would impact Edina. REGIONAL TRANSIT BOARD MEETING TO BE HELD 10/30/91 Member Smith informed Council of correspondence from Michael Ehrlichmann, Chair of the Regional Transit Board requesting attendance at a regional breakfast meeting on October 30, 1991, to discuss transit issues. DRAFT CODE GIVEN TO COUNCIL FOR REVIEW Manager Rosland passed out copies of the first five chapters of the draft Edina City Code for Council's review in preparation for the ordinance codification work session scheduled for Saturday, October 26, 1991. He directed the Council's attention to the memorandum on the subject matter which summarized the draft ordinances and the second memorandum dealing with signs, all of which will be considered at the work session. RETIREMENT OF CITY ATTORNEY ERICKSON ANNOUNCED Manager Rosland informed the Council that Thomas S. Erickson, City Attorney, has submitted a letter announcing that he will be retiring at year end, having served for 21 years as City Attorney from the Dorsey firm. As recommended by Mr. Erickson, Manager Rosland said he concurred that Jerry Gilligan, who has served as the City's bond counsel, be appointed to advise and represent the City on legal matters. Mr. Erickson will be of counsel to the Dorsey firm and will work with the City on the codification process until completed. Mayor Richards commented that Mr. Erickson has served the City well as City Attorney and will be missed in that capacity. RESOLUTION ADOPTED SETTING HEARING DATE OF 11/18/91 ON A PROPOSAL THAT THE CITY OF MINNEAPOLIS ISSUE REVENUE BONDS TO REFUND 1985 BONDS FOR FAIRVIEW SOUTHDALE HOSPITAL Mayor Richards referred to a letter dated October 16, 1991, from Mark M. Enger, Vice President and Administrator of Fairview Southdale Hospital, asking Council to consider a resolution calling for a public hearing on November 18, 1991, on a proposal that the City of Minneapolis on behalf of Fairview Hospital issue revenue bonds to refund 1985 bonds for the hospital. He commented that, although this is a late request and there has not always been a good channel of communication between the City and the hospital, the Council should act on the request. Manager Rosland said there are several significant items that the City and the hospital need to work on and that he will be meeting with Mr. Enger to look at those issues. Staff would recommend setting of the public hearing date. Member Smith suggested that the notice of public hearing emphasize the fact that the bonds would be issued by the City of Minneapolis and not by the City of Edina. Mark Enger, Fairview Southdale Hospital, apologized for the lateness of the request and said it was due to the fact that the refinancing ties into Fairview's very recent agreement with Carondolet Life Care to purchase the assets of St. Mary's Hospital. He said he looked forward to meeting with Manager Rosland on November 7, 1991, and would make every effort to improve communications between the hospital and the City to better understand the expectations of the community and the Council as to the role of the hospital in the community. Member Smith introduced the following resolution and moved its adoption: RESOLUTION RELATING TO ISSUANCE OF REFUNDING BONDS OF THE CITY OF MINNEAPOLIS ON BEHALF OF FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: SECTION 1 Recitals 1.1 The City has been advised by representatives of Fairview Hospital and Healthcare Services (Fairview), that in 1981 the City of Minneapolis, Minnesota (Minneapolis), issued revenue bonds (the 1981 Bonds) under Minnesota Statutes, Sections 469.152 to 469/165 (the Act) to finance the construction and improvement of facilities of Fairview and the acquisition and installation of items of equipment therein, and that in 1985 the Minneapolis Community Development Agency issued revenue bonds (the 1985 Bonds) under the Act to refund the 1981 Bonds. A portion of the facilities financed with the 1981 Bonds consisted of improvements to facilities of Fairview located in the City. Fairview has advised the City that it has requested Minneapolis to issue revenue bonds under the Act to refund the 1985 Bonds (the Minneapolis Refunding Bonds). Section 2 Public Hearing 2.1 Section 147(f) of the Internal Revenue Code of 1986, as amended and regulations promulgated thereunder, requires that prior to the issuance by Minneapolis of the Minneapolis Refunding Bonds, this Council approve the issuance of the Minneapolis Refunding Bonds, after conducting a public hearing thereon. A public hearing on the proposal to undertake and finance the Project is hereby called and shall be held on November 18, 1991, at 7:00 P.M., at the City Hall. 2.2 The City Clerk shall cause notice of the public hearing to be published in the Edina Sun Current once not less than fourteen (14) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE OF REFUNDING BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152-469.165 NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota (the "City"), will meet on November 18, 1991, at 7:00 P.M., at the City Hall, 4801 West 50th Street, in Edina, Minnesota, for the purpose of conducting a public hearing on a proposal that the City of Minneapolis, Minnesota (the "City of Minneapolis"), issue revenue bonds, in one or more series (the "Refunding Bonds"), under Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), in order to refund bonds issued under the Act by the Minneapolis Community Development Agency in 1985 (the "1985 Bonds"). The 1985 Bonds were issued to refund bonds issued under the Act by the City of Minneapolis in 1981 (the "1981 Bonds"), to finance the construction and improvement of facilities of Fairview Hospital and Healthcare Services, a Minnesota nonprofit corporation ("Fairview"), and the acquisition and installation of items of equipment therein, located in the City and in the City of Minneapolis. The owner of the facilities is Fairview. The facilities financed with the proceeds of the 1981 Bonds that are located in the City of Edina, are located at Fairview Southdale Hospital, 6401 France Avenue South, and consist of a parking structure and the remodeling of a portion of the Hospital. The maximum aggregate principal amount of the proposed Refunding Bonds is $23,985,000.00. The proposed Refunding Bonds will not be issued by the City. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Clerk prior to the date of the hearing set forth above. BY ORDER OF THE CITY COUNCIL Marcella M. Daehn City Clerk Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *CLAIMS PAID Motion was made by Member Smith and was seconded by Member Kelly to approve payment of the following claims as shown in detail on the Check Register dated October 21, 1991, and consisting of 36 pages: General Fund $317,508.46; Communications $6,149.33; Art Center $11,816.88; Capital Fund $58,398.03; Swimming Pool Fund $139,305.45; Golf Course Fund $49,527.91; Recreation Center Fund $3,810.90; Gun Range Fund $1,044.17; Edinborough Park $23,048.59; Utility Fund $18,164.08; Storm Sewer Utility $2,072.98; Liquor Dispensary Fund $99,769.42; Construction Fund $172,299.06; TOTAL $902,915.26; and for confirmation of payment of the following claims as shown in detail on the Check Register dated 9/30/91 and consisting of 14 pages: General Fund $125,738.43; Communications $2,932.00; Art Center $159.07; Capital Fund $120.45; Swimming Pool Fund $466.44; Golf Course Fund $14,348.70; Recreation Center Fund $724.11; Gun Range Fund Dispensary There being the meeting $115.60; Edinborough Park $453.88; Utility Fund $215,150.32; TOTAL $362,286.15. no further business on the Council Agenda, adjourned at 8:34 P.M. Fund $2,077.15; Liquor Mayor Richards declared City Clerk MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 21, 1991 A closed Council Meeting was held on October 21, 1991, at 6:30 P.M. for the purpose of discussing potential litigation relating to the growth of crown vetch on property at 4404 West 58th Street. In attendance were Members Kelly, Paulus, Rice, Smith and Mayor Richards. Staff members present were Manager Rosland, Attorney Erickson, Park and Recreation Director Kojetin and Clerk Daehn. Attorney Erickson advised the Council that the City's search to find an expert willing to opine that the crown vetch is a "rank growth of vegetation" or a "nuisance" was unsuccessful. Without that support the City would probably not succeed if litigation were instigated against the property owner, Ms. Lindgren As an alternative to court action, the City may want to consider amending Ordinance No. 1031 to define "rank growth of vegetation" with sufficient definiteness and/or change the height limitation. Attorney Erickson informed the Council that a one day workshop for municipal decision -makers interested in the issue of lawn ordinances has been scheduled for November 7, 1991. The goal is to define a draft ordinance for cities in the Twin Cities Metro Area. The workshop may give the City additional ideas to resolve the crown vetch issue without going to court. Following discussion on the issue, Member Rice made a motion that the City not proceed under Ordinance No. 1031 with litigation relating to the growth of crown vetch on property at 4404 West 58th Street, to direct staff to participate in the workshop on November 7, 1991, and that the Mayor and Manager communicate the City's intention to the affected neighbors. Motion was seconded by Member Kelly and was carried unanimously. No other business was discussed and no other action was taken. Meeting was adjourned by Mayor Richards at 6:50 P.M. City Clerk DRAFT MINUTES P.C. MEETING OF SEPTEMBER 4, 1991. IN ATTENDANCE: G. Johnson, R. Hale, N. Faust, V. Shaw, D. Byron, D. Runyan, H. McClelland Z-91-6 Preliminary Rezoning, R-1, Single Dwelling Unit District to PRD-2, Planned Residence District. Outlot B, Parkwood Knolls 20th Addition S-91-8 Preliminary Plat Approval Parkwood Knolls 23rd Addition. Mr. Larsen presented his staff report noting that the proponent, Harvey Hansen is proposing to substitute a zero lot line single family development for the R-2 development contained in the Master Plan. Mr. Larsen said the result is a reduction in density from 14 units to 11 units. Continuing Mr. Larsen said the proposed platting anticipates the vacation of an existing street right-of- way over portions of lots 8 and 9. This right-of-way would provide access to Malibu Drive for a parcel of land west of this property owned by Wallace Kenneth. Mr. Larsen concluded by stating staff recommends preliminary rezoning and preliminary plat approval subject to: 1. Final Rezoning 2. Final Plat 3. Vacation of right-of-way for Harvey Lane. The proponent, Harvey Hansen was present. Commissioner McClelland commented that what is proposed is new to the area and questioned if it might look out of place. Mr. Hansen explained that in reality the dwelling units will be single family homes constructed with a zero lot line on each north property line. This will afford each home an adequate side yard while orienting it away from the buildings to the rear. Continuing, Mr. Hansen explained that at present there is no market for double bungalows, and there appears to be a market for what is proposed. Mr. Hansen added each unit will be one story and marketed in the 200-300 thousand dollar range. Commissioner Hale questioned if the north elevations of the proposed units would have windows. Mr. Hansen said there will be no windows on the north. Commissioner McClelland questioned the extension of Malibu Drive and the vacation of Harvey Lane. Mr. Larsen explained that the extension of Malibu Drive has been expected and is in the original plans for Parkwood Knolls. He added the council will hear the matter regarding the vacation of Harvey Lane. Commissioner Runyan moved to recommend preliminary rezoning approval subject to staff conditions. Commissioner Shaw seconded the motion. Ayes, G. Johnson, Hale, Faust, McClelland, Runyan, Shaw. Commissioner Byron abstained. Motion carried. COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT SEPTEMBER 4, 1991 Z-91-6 Preliminary Rezoning R-1, Single Dwelling Unit District to PRD-2, Planned Residence District. Outlot B, Parkwood Knolls 20th Addition S-91-8 Preliminary Plat Approval Parkwood Knolls 23rd Addition The subject property is an vacant tract of land 2.84 acres in size. The Parkwood Knolls master plan, approved by the City Council in 1978, illustrates the subject property as seven R-2, double bungalow lots. Adjacent land uses include the Lincoln apartments to the west, double bungalows to the south, vacant single family lots to the north, and undeveloped portions of Parkwood Knolls to the east. The subject property is designated "Low Density Attached Residential" by. the Comprehensive Plan. The proponent, Harvey Hansen, is proposing to substitute a zero lot line single family development for the R-2 development contained in the Master Plan. The result is a reduction in density from 14 units to 11 units. The 11 lots range in size from 11,552 square feet to 12,788 square feet of area. Lot width is approximately 78 feet for all except lot 11 which has a width of approximately 100 feet. The zero setback line would be the north property line on all lots except for lot 11, which would maintain a 20 foot setback as required by the PRD-2 district. There would be no openings in the wall which maintains the zero setback. The proposed development complies with a Zoning Ordinance requirements. The concept of the development plan is to blend the benefits of a townhouse development with benefits of individual lot ownership. The zero setback allows the sideyard to be the focus of outdoor living areas. The blank walls increase privacy, and the rear yard, which is adjacent to multi -family buildings is de-emphasized. The individual units would not be identical but would be similar in size and scale and would utilize compatible exterior materials. The proposed platting anticipates the vacation of an existing street right-of-way over portions of lots 8 and 9. This right-of- way would provide access to Mailbu Drive for a parcel of land west of this property, owned by Wallace Kenneth. This parcel, approximately 3 acres, contains Mr. Kenneth's home. It could however, be developed with doubles or a similar product in the future. The parcel does front on Lincoln Drive, so vacating the right-of-way does not land lock the parcel. The City Council must conduct a separate hearing to consider the vacation. Mr. Kenneth would receive notice of that hearing. Recommendation: Staff considered two different approaches to the zoning and development of the property. Since the project does contain detached buildings on individual lots it could be zoned and developed under R-1 zoning. It would provide lots larger than the minimum R-1 requirements but smaller than the typical Parkwood Knolls lot. In addition, variances would be needed for the zero setback concept. The second approach is the PRD-2 concept. This is the same approach using the development on Vernon Court which is just north of Crosstown highway. I believe that PRD-2 approach is preferable to R-1 with variances for a number of reasons. First, the Comprehensive Plan and Parkwood Knolls master plan consider this site suitable for R-2 development. The proposed plan complies with all zoning ordinance requirements of the PRD-2 district. Second, by zoning the property PRD-2, we are not setting a precedent for smaller single family lots in areas of Parkwood Knolls which remain undeveloped. Third, the development plan results in a reduction in density. Finally, the development will provide a housing product not available in the City at this time. Staff recommends Preliminary Rezoning and Preliminary Plat approval subject to: 1. Final Rezoning 2. Final Plat 3. Vacation of right-of-way for Harvey Lane. r • S • ▪ i i L 1 • r • 2 ;: t i • 3� cc F. F 2 A iE f-" pc I a— • -{ `, g t ". .f.rl. of -� .1J �r N Awyf. •; µ•,,. — 31 N 0 :03SOd0ad rD 0 0 7 Z 0 r r W v z • YYPick,L irtlFLkW S cn 0 z rr r rl ODE UMW DEMONS IOW libmt &A OK &ow, 145122 ' OM KO •1344110 • • • - ;.".1 Jf- II t r I < I 4 0 0 r rn r .13 u.! 7 I? Moll !l! cp 4.47,1 0 j ar10 .et J6 . • • flfl r E I r—p- 7 , 1 I ))L 1 I .1 I I I I I I/ eq•-•• r:- "4. .st o • 4 0 C O ri . r 0,0 c to r 0 Z lad r y�� T44. 1-144 i.i ,�y.r • " s i r rri 0 z ._ l Z. 0 r a 0 z REPORT/RECOMMENDATION TO: MAYOR & CITY COUNCIL From: FRANCIS HOFFMAN, CITY ENGINEER Date: NOVEMBER 4, 1991 Subject: VACATION OF HARVEY LANE, PUBLIC HEARING Agenda Item n III. A. Consent Information Oniy Mgr. Recommends To HRA X To Council Action x Motion Resolution Ordinance Discussion Recommendation: Review this issue with the planning presentation and determine whether to vacate Harvey Lane prior to acting on the rezoning issue INFO/BACKGROUND Attached is an aerial photo with the Parkwood Knolls 20th Addition overlay on the aerial photo. You will note that a house is shown in the upper left hand portion of the photo. This is Wallace Kenneth's single family home located on Outlot B of Interlachen Hills 3rd Addition. Harvey Lane (located to the lower right of the home) is shown as a proposed vacated street on the new Parkwood Knolls 23rd Addition. The utility companies do not object to the vacation of the street right-of-way. The staff recommendation is to review this issue prior to acting on the rezoning issue on Parkwood Knolls 23rd Addition. It would appear that Harvey Lane is not critical to Outlot B of Interlachen Hills 3rd Addition as public access is available along the full west side of the property. In 3 REPORT/RECOMMENDATION To: From: Date: Subject: MAYOR & CITY COUNCIL FRANCIS HOFFMAN,, CITY ENGINEER,- J NOVEMBER 4, 1991 VACATION OF ALLEY BETWEEN 5411 ZENITH (lot 27) AND 5408 YORK (lot 4) IN SEELY'S 1ST ADDN. TO HAWTHORNE PARK, BLOCK 2. Agenda Item : _LI' . B . Consent Information Only Mgr. Recommends i ! To HRA (x To Council Action Motion Resolution Ordinance i ' Discussion Recommendation: Vacate public alley with reservation of utility easement for public utility companies. INFO/BACKGROUND The petitioner requests vacation of an unconstructed public alley between 5411 Zenith Avenue and 5408 York Avenue. Staff would recommend vacation of the alley with a reservation of the alley as an utility easement, as both NSP and Minnegasco need to maintain their equipment lines. 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( ►4 44, nah45f ( '27, 4510 (I ill 91 ST REPORT/RECOMMENDATION To: MAYOR AND COUNCIL From: KEN ROSLAND, MANAGER Date: NOVEMBER 1, 1991 Subject: 1991 CATV RELIEF EXTENTI •I Agenda Item # Consent Information Only Mgr . Recommends IV.A & B To HRA (`x To Council Action 7 Motion X Resolution X Ordinance h Discussion Recommendation: Adoption of the resolution approving settlement and adoption of the ordinance repealing the CATV Relief Ordinance, with waiver of second reading. Info/Background: At the August 5, 1991, meeting I informed the Council of the request by Paragon Cable for extention of the relief agreement that was approved by the member cities in 1985 and extended in 1988. Following an in-depth study of the issues involved, the Southwest Suburban Cable Commission (SWSCC) had recommended that the member cities approve Paragon's request. In summary, the modifications to the franchise ordinances are as follows: 1) Franchise Fee - Full 5% franchise fee would be paid to the cities beginning August 1, 1992. 2) Local Programming Funding - Current formula (1% match between the cities and cable company) would remain in effect until July 31, 1992. Some additional modifications would take place. 3) Local Programming Services - Paragon would continue to meet the service levels described in the Performance and Facilities contracts now in force. 4) Continued Cooperation - It in intended that coordination -and cooperation with Paragon would continue. At the August meeting, the Council approved the recommendation of SWSCC. The attached documents have been prepared, reviewed by attorneys for each city, and the member cities are now being asked to give formal approval as indicated in the letter dated October 23, 1991, from Karen Anderson, Chair of SWSCC. SOUTHWEST SUBURBAN CABLE COMMISSION C/O MOSS & BARNETT 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4119 (612) 347-0300 October 23, 1991 Re: 1991 CATV Relief Extension TO: The Honorable Mayor and Members of the City Council of the City of Edina, Minnesota Transmitted to you under cover of this letter are various documents relating to the above referenced matter. Some of these enclosures are provided for action by your City. Others are for your information only and do not require any action by you. Each of the Member Cities of the SWSCC must give its approval to the 1991 CATV Relief Extension in order for the Relief Agreement, first entered into in 1985 and extended in 1988, to remain in effect. The enclosed Calendar of Action sets dates for hearings by each of the Member Cities of the SWSCC. We ask that you place this matter for consideration on the agenda for your City's council meetings, on the two dates shown on the Calendar 3f Action. Members of the SWSCC staff will work with your City staff to accomplish any necessary publications. Specifically, you are asked to consider and approve at your council meetings the following items, which are enclosed with this letter: 1. A Resolution Approving Settlement with the Grantee under the City's Cable Communication Franchise Ordinance Regarding Revisions to and Extension of Certain terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements (the "Resolution"). 2. An Ordinance Repealing the CATV Relief Ordinance, Ordinance No. 1121, and CATV Relief Ordinance Amendment, Ordinance No. 1121-Al, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, as Amended, and Restructuring the Manner in which Local Programming is Funded (the "Relief Ordinance"). 3. Restated Performance Agreement. 4. Consent Agreement and Guaranty of Performance ("Consent Agreement"). Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield Page 2 October 23, 1991 Earlier drafts of each of these documents were provided to your City Attorney for review and comment. The enclosed documents are final documents and incorporate suggested revisions, to the extent they were agreeable to the franchise grantee and the SWSCC. Again, your City Attorney is aware of any revisions made, and those which were not made. Once your City has given all necessary approvals to the Resolution, Relief Ordinance, Restated Performance Agreement and Consent Agreement, please notify Adrian Herbst at Moss & Barnett (90 South 7th Street, Minneapolis, MN 55402), the administrator of the SWSCC. Please have your City Clerk provide Adrian Herbst with four (4) signed originals of each of these documents. We will compile the fully signed documents into closing books, when this matter is completed. Our goal is to complete this by the end of the year. Your assistance and cooperation in meeting this objective is greatly appreciated. Finally, we enclose for your information a Summary of the Key Elements of the 1991 CATV Relief Extension, and a series of frequently asked questions, and their answers, concerning the 1991 CATV Relief Extension. We hope these enclosures will provide you with answers to your questions about the 1991 CATV Relief Extension, and will assure you of the beneficial effects of its adoption. Very truly yours, // �. Karen Anderson, Chair AEH/ral 171/172ZDMB RESOLUTION NO. A RESOLUTION Approving a Settlement with the Grantee Under the City's Cable Communications Franchise Ordinance Regarding Revisions to and Extension of Certain Terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements. WHEREAS, the City Council of the City of Edina ("City") is the official governing body of City; and WHEREAS, City has awarded a cable communications franchise ("Franchise") which is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and WHEREAS, the City adopted Ordinance No. 1121 in 1985 ("CATV Relief Ordinance"), providing for modification of certain requirements of the Franchise; and WHEREAS, Grantee underwent a change of control in 1989 and in connection thereto requested that City and the Southwest Suburban Cable Commission ("SWSCC"), a joint powers commission comprised of this City and the Cities of Eden Prairie, Hopkins, Minnetonka, and Richfield ("Member Cities") modify and extend the CATV Relief Ordinance as a part of the transfer of ownership; and WHEREAS, the City adopted Ordinance No. 1121-Al providing modifications to the CATV Relief Ordinance in contemplation of a transfer of control of the City's Franchise ("CATV Relief Ordinance Amendment"); and WHEREAS, the CATV Relief Ordinance, as amended by the CATV Relief Ordinance Amendment (collectively "Relief Ordinances"), provided that the relief would terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and WHEREAS, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings; and WHEREAS, the SWSCC, at a commission meeting, held on May 22, 1991, authorized its staff to enter into negotiations with Grantee to develop a SWSCC recommendation to City to continue in effect certain provisions of the Relief Ordinances on a modified basis; and WHEREAS, the SWSCC, at a meeting held on October 23, 1991, adopted a Resolution ("SWSCC Resolution") recommending that the City approve and accept the conditions upon which certain provisions of the Relief Ordinances and certain agreements entered into pursuant to the Relief Ordinances would be modified and extended, a copy of which is attached hereto as Exhibit 1; and WHEREAS, the City has reviewed the recommendation of the SWSCC and documents modifying and extending certain provisions of the Relief Ordinances as set forth in Ordinance No. ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of those agreements entered into pursuant to the Relief Ordinances, and based upon this review accepts the recommendation of the SWSCC and finds said documents to be reasonable and acceptable to the City; and WHEREAS, the City and Grantee agree that the provisions of the Relief Ordinances shall expire March 1, 1992, unless and until the necessary actions set forth in the SWSCC Resolution are taken by all Member Cities; NOW, THEREFORE, in a regular meeting of the City Council of the City of Edina, the following is resolved: 1) The Mayor and City Manager are hereby authorized to sign, on behalf of City, all documents necessary to evidence the repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but shall not be limited to, those documents listed on Exhibit 2 attached hereto ("Documents"). 2) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the City, other Member Cities of the SWSCC and the SWSCC. 3) This Resolution shall be null and void if a similar resolution is not approved by all Member Cities of the SWSCC within 90 days from the effective date of the enactment of the first such resolution by a Member City. 4) The terms of this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinances, as set forth in Section 9 thereof, have been satisfied. 5) The City Clerk is authorized to forward to the SWSCC Administrator four (4) executed and certified copies of all Documents and this Resolution, and the SWSCC is authorized to coordinate a closing to be held within 90 days of the adoption of the Local Programming Restructuring Ordinance by the final Member City, at the office of the SWSCC Administrator. This Resolution is passed and adopted this day of , 1991. CITY OF EDINA By Mayor 1198DAJ EXHIBIT 1 TO RESOLUTI, RESOLUTION NO. 1-1991 A RESOLUTION Approving a Settlement with the Grantee Under the Cable Communications Franchise Ordinance Regarding Revisions to and Extension of Certain Terms of the CATV Relief Ordinance as Amended, Based Upon Enactment of the Local Programming Restructuring Ordinance and Modifications to Other Related Agreements. WHEREAS, the Southwest Suburban Cable Commission ("SWSCC"), is a joint powers commission comprised of the Cities of Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield ("Member Cities"); and WHEREAS, each of the Member Cities has awarded a cable communications franchise ("Franchise") which is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and WHEREAS, the Member Cities have delegated to the SWSCC the day-to-day regulation of Grantee; and WHEREAS, in 1985, at the recommendation of the SWSCC, the Member Cities adopted a CATV Relief Ordinance ("CATV Relief Ordinance"), providing for modification of certain requirements of the Franchise; and WHEREAS, Grantee underwent a change of control in 1989 and in connection therewith requested the SWSCC and the Member Cities to modify and extend the CATV Relief Ordinance; and WHEREAS, at the recommendation of the SWSCC, each Member City adopted an Ordinance providing modifications to the CATV Relief Ordinance in contemplation of a transfer of control of the City's cable communication franchise ("CATV Relief Ordinance Amendment"); and WHEREAS, the CATV Relief Ordinance, as amended by the CATV Relief Ordinance Amendment (collectively "Relief Ordinances"), provided that the relief would terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and WHEREAS, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings; and WHEREAS, the SWSCC, at a commission meeting, held on May 22, 1991, authorized staff to enter into negotiations with Grantee to continue in effect certain provisions of the Relief Ordinances on a modified basis; and WHEREAS, Grantee and Commission staff reached agreement on terms for the extension and modification of certain provisions of the Relief Ordinances which were in turn approved by the SWSCC at the regularly scheduled Commission meeting of July 24, 1991, a summary of such terms being attached hereto as Exhibit 1; and WHEREAS, the SWSCC authorized staff to negotiate with Grantee the necessary documents to effectuate the terms summarized in Exhibit 1; and WHEREAS, the Commission has reviewed the necessary documents modifying and extending certain provisions of the Relief Ordinances, as set forth in ordinances to be enacted by each Member City ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of certain agreements entered into pursuant to the Relief Ordinances, and finds them to be acceptable and recommends their adoption by the Member Cities; NOW, THEREFORE, it is hereby resolved by the Southwest Suburban Cable Commission, at its regularly scheduled meeting of October 23, 1991, that: 1) The Chairman and Administrator are directed to forward a copy of this Resolution and copies of the documents listed in Exhibit 2 to the Member Cities and further to provide additional assistance as necessary to the Member Cities in their deliberations. 2) The Chairman is hereby authorized to sign, on behalf of the SWSCC, all documents necessary to rescind the Relief Ordinances and to effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but shall not be limited to, those documents listed on Exhibit 2 (hereto "Documents"). 3) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the Member Cities of the SWSCC. 4) This Resolution shall be null and void if similar resolutions are not approved by all other Member Cities of the SWSCC within 90 days from the effective date of the first such resolution, as passed by a Member City. 5) The terms of this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinance, as set forth in Section 9 thereof, have been satisfied. This Resolution is passed and adopted this 23rd day of October, 1991. SOUTHWEST SUBURBAN CABLE COMMISSION By Chairman 1101DAJ V V • • �s vv+ivaWtu �u�l,,y_, t.Vi,iiYilJJ1Vl\ CJO MOSS & BAR.NETT -4800 Nor -west Center 90 South Seventh Street Minneapolis. \IN 55-402-4119 (612) 3-t--0300 EXHIBIT 1 to SWSCC RESOLUTION SUMMARY OF KEY ELEMENTS TO BE INCLUDED IN AGREEMENT TO EXTEND RELIEF 7/24/91 Unless otherwise identified the changes begin August 1, 1992: • 5% franchise fee to Cities • Paragon Cable assumes full responsibility for 'local programming' • News show production beginning November 24, 1991 • Annual budget $347,000, escalated by 5% each year and deducted from gross revenues prior to calculation of the franchise fee • Beginning November, 1993, news show will continue or $100,000 of budget will be devoted to local origination • Continued coordination of programming with Cities and Commission • Retain service levels, equipment repair and replacement as defined in Performance Agreement and current contracts for local programming • No itemization of cost for local programming on customer bills for at least 2 years (July 31, 1994) • Cooperation and participation between Paragon Cable and Commission to create meaningful reporting requirements • New agreement terminates upon sale or transfer 337Z040 Cities of Eden Prairie, Edina, Hopkins. Minnetonka & Richfield EXHIBIT 2 TO SWSCC RESOLUTION LIST OF DOCUMENTS 1. SWSCC Resolution. 2. Restated Performance Agreement. 3. Restated Contract for Local Programming Facilities. 4. Restated Contract for Public, Educational and Government Access Services. EXHIBIT 2 LIST OF DOCUMENTS 1. City Resolution. 2. Local Programming Restructuring Ordinance. 3. Restated Performance Agreement. 4. Consent Agreement and Guaranty of Performance. ORDINANCE NO. An Ordinance Repealing the CATV Relief Ordinance, Ordinance No. 1121, and CATV Relief Ordinance Amendment, Ordinance No. 1121-Al, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming is Funded. The City Council of the City of Edina ordains as follows: Section 1. Short Title. This Ordinance shall be known as the "Local Programming Restructuring Ordinance." Section 2. Background and Purpose. In 1984, Grantee requested that the Southwest Suburban Cable Commission ("SWSCC") and Member Cities substantially restructure certain aspects of the Franchise in response to the serious financial difficulties experienced by the Grantee. The Member Cities enacted the CATV Relief Ordinance and the SWSCC and the Member Cities entered into the Performance Agreement in response to Grantee's request. The result was to reduce Grantee's Local Programming Obligations and Franchise Fee requirement, provide Grantee with an incentive to refinance its debt obligation and increase the involvement of the SWSCC and Member Cities in funding Local Programming Obligations and monitoring Grantee's performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the continuance of the CATV Relief Ordinance with some modification. In 1990, Grantee petitioned SWSCC to extend the provisions of the CATV Relief Ordinance and CATV Relief Ordinance Amendment (collectively "Relief Ordinances") through the term of the franchise. The SWSCC and Grantee reviewed the request through a series of meetings of the SWSCC operating committee and commission. The SWSCC, Member Cities and Grantee concur that the implementation of the Relief Ordinances has contributed to the achievement of the original. goal of the SWSCC and its Member Cities: stabilizing and improving the financial condition of the Grantee. As a result, certain SWSCC oversight responsibilities and reporting requirements imposed by the Relief Ordinances and Performance Agreement are no longer necessary. The SWSCC and Grantee also concur that certain changes in the usage of channels on the cable system and the provision of access programming, community access programming and local origination programming (collectively "Local Programming") resulted in a channel line-up including more satellite programming services than originally proposed by Grantee, as well as focusing Local Programming channels so as to better serve the Member Cities. The resulting programming line-up provides diversity and appeal to CATV subscribers while maintaining a strong Local Programming component. It was agreed that the mix and level of satellite services and Local Programming should be continued. Finally, it was determined that since Grantee had improved and stabilized its financial condition, it should assume full responsibility for funding Local Programming as was contemplated at the time of the Franchise award. Since the SWSCC will no longer be a direct participant in the funding of Local Programming, it was determined that the role of the SWSCC in the oversight of Local Programming should be restructured. The SWSCC has adopted a resolution approving the modification and extension of certain provisions of the Relief Ordinances and related documents ("SWSCC Resolution"). Each of the Member Cities must also adopt a similar Resolution. This Ordinance will be effective only if the terms of the SWSCC Resolution are satisfied and Grantee agrees to be bound by the terms of this Ordinance through the execution of an Acceptance Agreement. Section 3. Relationship to Cable Communications Ordinance. This Ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided herein. Except as expressly modified in this Ordinance and related agreements entered into pursuant to this Ordinance, the provisions of the Franchise remain in full force and effect. In the event of a conflict or inconsistency between the Franchise or offering and any provision of this Ordinance, the Restated Performance Agreement or any other document entered into pursuant to this Ordinance, the provision of this Ordinance, the Restated Performance Agreement or said document entered into pursuant to this Ordinance shall be controlling so long as this ordinance remains in effect. Section 4. Definitions. Subdivision 1. The definitions in the Franchise also apply to this Ordinance. Subdivision 2. In addition, the following words and phrases shall have the meanings given them: (1) "Franchise" means the Cable Communications Ordinance as now or hereafter amended. (2) "Local Programming" means access, community access and/or local origination programming as set forth in the Restated Performance Agreement. (3) "Local Programming Obligations" means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. (4) "News Show" means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. (5) "Relief Ordinances" means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. (6) "Restated Performance Agreement" means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for Franchise compliance in other areas. (7) "Restructured Local Programming Obligations" means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. Section 5. Repeal of Relief Ordinances. This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance No. 1121 and the CATV Relief Ordinance Amendment, Ordinance No. 1121-Al effective August 1, 1992. Through July 31, 1992, the provisions of the Relief Ordinances shall remain in effect unless specifically superceded by this Ordinance. Due to a typographical error, Section 6, Subdivision 1 of the CATV Relief Ordinance Amendment stated an Automatic Termination date of March 1, 1991. The correct date to be referred to is March 1, 1992. Section 6. Financial Terms. While this Ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. Subdivision 1. Franchise Fees - Percentage. The annual franchise fee shall be 5% of Gross Revenues payable as follows. An annual franchise fee of 4% shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. These payments are consistent with -3- the payment arrangement contained in the Relief Ordinance. In addition and pursuant to the new local programming funding commitments set forth in Subdivision 4 herein, an annual franchise fee of 1% of Gross Revenues for the most recently completed quarter shall be paid to City in quarterly payments on or before the first day of each of the months of November, February, May and August on current year revenues beginning August 1, 1992. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. Subdivision 2. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 3. Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 4. Restructured Local Programming Obligations. Beginning with the third weekly show of November, 1991, Grantee shall assume responsibility for funding the production of the News Show. The News Show shall continue to be produced in a manner which is generally consistent with the terms of the Agreement for Programming Services between Grantee and the SWSCC, a copy of which is attached hereto as Exhibit 1. However, the role of the SWSCC and the Member Cities shall be advisory in nature and neither the SWSCC or Member Cities shall be required to provide ongoing direct financial support for the News Show. Grantee shall be obligated to continue to fund and produce the News Show for a period of two (2) years through the second weekly show of November, 1993. Thereafter, Grantee shall be required to expend at least $100,000 annually of its total funding requirement under the Restructured Local Programming Obligations on local origination programming. Such funding shall be expended by Grantee in consultation with the SWSCC, as set forth in the Restated Performance Agreement. All provisions of the Relief Ordinances and Performance Agreement related to the funding of Local Programming shall remain in effect through July 31, 1992. Beginning August 1, 1992, Grantee shall assume full responsibility for funding the Restructured Local Programming Obligations. From August 1 through December 31, 1992, the budget for local programming shall be 5/12ths of $347,000; -4- provided that Grantee shall be required to meet all Restructured Local Programming Obligations, including the production of the News Show, irrespective of the actual cost of meeting such obligations. Thereafter, the annual budget shall be escalated by an amount equal to five percent (5%) of such budget on an annualized basis as estimated in Exhibit 2 hereto. Throughout the term of this Ordinance, Grantee shall consult with the SWSCC concerning the provision of the Restructured Local Programming Obligations pursuant to the terms of the Restated Performance Agreement. The expenditures made pursuant to this subdivision shall be in complete satisfaction of Grantee's total Restructured Local Programming Obligations during the period of this ordinance and shall be deemed to satisfy Grantee's Local Programming Obligations as well. The amount of funding for the Restructured Local Programming Obligations shall not include any costs of operation, capital for access equipment replacement or administration not directly related to the provision of Local Programming. Grantee shall be responsible to maintain or replace, as necessary, the equipment listed in the Exhibit to the Contract for Local Programming Facilities, which is Exhibit 1 to the Performance Agreement, and shall not offset such expenditures against the funding for the Restructured Local Programming Obligations. Section 7. Automatic Termination. The provisions of this Ordinance, and the reduced financial terms contained herein may, at the option of City, cease to be effective, upon the occurrence of the earliest of any of the following events: Subdivision 1. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subdivision 2. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 6, Subdivisions 2 and 3 of this Ordinance. Subdivision 3. A holding or determination by any court or agency that any term, condition or provision of this Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subdivision 4. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subdivision 5. Termination of the Franchise. -5- Section 8. Other Terminations. This Ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: Subdivision 1. All grounds for termination provided in the Franchise and the Local Programming Restructuring Ordinance, except to the extent that Grantee's performance obligations are modified in the Local Programming Restructuring Ordinance. Subdivision 2. Failure of the Grantee to comply with any of the material provisions of the Restated Performance Agreement. Section 9. Effective Date. This ordinance shall be effective upon passage and adoption by City and upon satisfaction of all of the following conditions: (1) Publication of this Ordinance; (2) Passage and adoption by each of the Member Cities of the SWSCC of an Ordinance similar to this Ordinance within 90 days of the adoption of such Ordinance by the first Member City; (3) Execution by Grantee of all documents necessary to repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but not be limited to, those documents listed on Exhibit 3 attached hereto ("Documents"). The executed Documents shall be delivered at a closing to be held at the office of the SWSCC administrator within 90 days of the passage of the Local Programming Restructuring Ordinance by the final Member City ("Closing"). (4) Conformance with the provisions of Article XIV of the Franchise including delivery to the City of the acceptance, opinion of legal counsel, guarantees, and other documents as required by said Article XIV, before or at Closing. Passed by the City Council of the City of Edina, Minnesota this day of , 1991. By Mayor Action on above ordinance: Date of first reading: Date of second reading: -6- Motion for Adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: Ordinance adopted: Date of Publication: 1208DAJ — EXHIBIT 1 TO ORDINANCE AGREEMENT FOR PROGRAM SERVICES yr This AGREEMENT made and entered into by and between the Southwest Suburban Cable Commission, a Joint Powers Commission organized pursuant to the laws of the State of Minnesota, hereinafter referred to as the "SWSCC", and Paragon Cable of Minnesota, hereinafter known as "Contractor". WITNESSETH: WHEREAS, the SWSCC wishes to purchase the services of the Contractor to provide videotape programming for a news show to be known as "Southwest Community News"; and WHEREAS, the Contractor has the capability and personnel to provide the programming desired by the SWSCC; and WHEREAS, the Contractor understands and the SWSCC likewise understands that in order to provide the programming that is desired by the SWSCC, the cooperation of both the SWSCC and Contractor will be essential; and WHEREAS, the SWSCC has made available funding for the purchase of the services of Contractor; and NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SWSCC and the contractor agree as follows: I. RESPONSIBILITIES OF THE PARTIES A. Contractor Responsibilities: 1. Southwest Community News Show. Contractor will develop and produce fifty-two (52) weekly news shows covering events and issues both relevant and timely to the five Southwest Cities, members of the SWSCC. Contractor, in providing and developing the news show, will rely heavily on the cooperation and assistance of each of the five Southwest Cities. The story ideas and contacts will be provided by each of the Cities on a weekly basis. It is the understanding of the Contractor and the SWSCC that in the event any City does not provide information or assistance in a timely manner, it will result in uneven representation of the Cities and perhaps higher production costs. 2. Southwest Community News Show Format. The program will be a 30-minute news show with generally short (1-4 minutes) news items. The Contractor will explore with the SWSCC the option of including studio interviews or more indepth reporting of complex and/or controversial issues. Any change in the format brought about by specific requests of the SWSCC may require further costs. However, Contractor understands that any changes will not be initiated without first receiving the authority of the SWSCC. 3. southwest Community News Schedulina. The show will be simulcast on Channel 34 (to the five Member Cities) a minimum of fourteen (14) times over a seven (7) day period with each show being first shown each Friday at 6:30 p.m. The show will also be shown during two (2) time slots each week on Channel 6, the Regional Channel. Additionally, each Member City has the option to request the contractor to schedule up to three (3) narrowcasts (to that City) each week. All such requests for narrowcasting shall be in writing every thirty (30) days and with not less than seven (7) days advance notice to contractor. All playback of the show will be within the regularly scheduled playback hours (as defined by the Access Rules). Contractor will experiment with other time slots in order to identify the most watched time slots; however, schedules will be published in advance and minimal changes will be made. 4. Southwest Community News Show Viewer Feedback. Contractor will have a dedicated phone line providing 24-hour feedback by subscribers to its cable system. The purpose of this will be to provide timely information to contractor, as well as the SWSCC, about the interest of the viewing public in the news show. 5. Promotion & Evaluation: a. The Contractor will cooperate with the Cities in providing information to enable the SWSCC to promote the program. Press releases and schedules will be prepared by the SWSCC on its letterhead. b. Contractor will assist in evaluation, providing information and counsel based on its experience and resources. 6. Cooperation. Contractor understands that its timely performance of the provisions of its responsibilities included herein are essential to bring about the best possible news show. Further, Contractor understands that it will need to assist and work with appropriate representatives designated by each of the five Southwest Member Cities. Contractor agrees that it will designate specific persons who will have the responsibility to ensure the production of the programming and to coordinate with representatives of the City. -2- B. Responsibilities of SWSCC: 1. Cooperation in the Development of News Shows. Each of the Member Cities to the SWSCC will designate a contact person for the Contractor. It will be the responsibility of each person so designated by the City to coordinate with and work with the representatives of the Contractor to ensure the initiation of the story, ideas, and content of programming to be developed by the Contractor. 2. Facilities. The SWSCC will ensure that its Member Cities will provide reasonable access to their facilities for the Contractor to ensure that the Contractor is able to provide at the various Cities' facilities news shows in response to the request of the designated individuals of the City. 3. Promotion. The SWSCC will be responsible for promotion and marketing the show and for costs it incurs for such purposes. However, it is understood that it will have the assistance of Contractor and its expertise. Further, it is understood that Contractor will include a listing of the show in the Cable Guide. 4. Focus. The SWSCC may assistance of Contractor, group review, or incorpo evaluate the impact of the acceptance of it. Costs shall be the responsibility reasonable time and service providing assistance. , at any time, with the conduct a survey, focus rate other measures to show and the subscriber for any such evaluation of the SWSCC, except the of Contractor devoted to II. TERM AND TERMINATION A. Term: This Agreement shall be for a 12-month term consisting of fifty-two (52) weekly shows beginning November 17, 1990. B. Termination: Either party may terminate this Agreement by giving 30 days written notice to the other. III. COST AND PAYMENT A. Cost: Each show will be produced at a cost not to exceed $1,962.50. B. Monthly Statements: Contractor will submit monthly billing statements to the SWSCC with payment due within 30 days of the date of the billing statement. IV. INDEPENDENT CONTRACTOR The Contractor shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative, or employee of the SWSCC for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent Contractor with respect to all services performed under this Agreement. The Contractor represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons while engaged in the performance of any work or services required by the Contractor under this Agreement shall not have any contractual relationship with the SWSCC or its Member Cities; and shall not be considered employees of the SWSCC or its Member Cities. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Contractor, its officers, agents, contractors, or employees, shall, in no way, be the responsibility of the SWSCC or its Member Cities. The Contractor shall defend, indemnify, and hold the SWSCC and its Member Cities and any of their officers, agents, and employees, harmless from any and all such claims irrespective of any determination of any pertinent, tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the SWSCC or its Member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment insurance, disability, severance pay, and PERA. V. INDEMNITY AND INSURANCE A. The Contractor agrees to defend, indemnify, and hold the SWSCC, its officers, employees, and agents, harmless from ,any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or assignees in performance of the services provided by this Agreement and against all loss by reason of the failure of said Contractor to fully perform, in any respect, all obligations under this Agreement. B. In order to protect itself, as well as the SWSCC, under the indemnity provisions here and above set forth, the Contractor agrees at all times during the term of this Agreement to have and keep in force: 1. A single limit or combined limit or access umbrella professional liability insurance policy covering the activities of the Contractor while performing services for the SWSCC, through its Member Cities, in the following amounts: $1-million for personal injuries and/or damages, and $1-million for total personal injuries and/or damages arising from one occurrence. 2. A single limit or combined limit or access umbrella commercial general liability insurance policy of an amount of not less than $1-million for property damage arising from one occurrence, $1-million for total bodily injuries and/or damages arising from one occurrence, and $1-million for total personal injuries and/or damages arising from one occurrence. VI. DATA PRIVACY Contractor agrees to abide by all applicable state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made nonpublic by such laws or regulations. VII. OWNERSHIP Contractor understands, and SWSCC agrees, that all programs produced by the Contractor shall be the property of the SWSCC and the SWSCC shall be responsible for the maintenance and storage of each program videotape. Further, the•SWSCC shall have the responsibility to ensure that any applicable requirements with respect to the storage of these program tapes are accomplished by it. Contractor will retain the video tapes during the term of this Agreement. After the term of this Agreement, SWSCC will be responsible for the location and storage of the video tapes. VIII. NON -ASSIGNMENT The Contractor shall not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed tender, whether in whole or in part, without the prior written consent of the SWSCC. IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. IX. CONTRACT ADMINISTRATION In order to coordinate the services of the Contractor with the activities of the SWSCC and its Member Cities so as to accomplish the purpose of this Agreement, Adrian Herbst, administrator for the SWSCC, shall manage this Agreement on behalf of the SWSCC and serve as liaison between the SWSCC, its Member Cities, and the Contractor. X. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the SWSCC shall be sent to the SWSCC administrator at 4800 Norwest Center, Minneapolis, Minnesota 55402. Notices to the Contractor shall be sent to the attention of Debra Cottone, at 801 Plymouth Ave. No., Minneapolis, Minnesota 55411. XI. LAW AND JURISDICTION This Agreement is entered into and may be enforced pursuant to the laws of the State of Minnesota and courts of applicable jurisdiction in Hennepin County, Minnesota. The foregoing Agreement has been entered into between the parties this 7 day of--;�)/L4=e4f.2_,t , 1991. Each of the parties have read the Agreement, ulr erstand it, and agree to be bound by it. PARAGON CABLE e MGR 11,09, 26Z040 1/4/91 SWSCC • EXHIBIT 2 TO ORDINANCE EXHIBIT 2 SCHEDULE OF ESTIMATED ANNUAL MINIMUM LOCAL PROGRAMMING EXPENDITURES YEAR ESTIMATED BUDGET (8000'S) 1992 $ 347* 1993 364 1994 383 1995 402 1996 422 1997 443 1998 465 1999 488 *1992 estimate based on 2% of gross revenues for 7 months (Jan - July) and 5/12ths of $347,000. 1992 base will be escalated by 5% annually thereafter. LPEST EXHIBIT 3 LIST OF DOCUMENTS 1. Restated Performance Agreement. 2. Restated Contract for Local Programming Facilities. 3. Restated Contract for Public, Educational and Government Access Services. 4. Acceptance of Local Programming Restructuring Ordinance. 5. Consent Agreement and Guaranty of Performance. RESTATED PERFORMANCE AGREEMENT This Agreement is made this day of 1991, between KBL CABLESYSTEMS OF THE SOUTHWEST, INC. ("Grantee"), a Minnesota corporation, the CITY OF EDINA, MINNESOTA ("City"), a municipal corporation and political subdivision of the State of Minnesota, and the SOUTHWEST SUBURBAN CABLE COMMISSION ("SWSCC"), a joint powers organization created by the Cities of Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield, Minnesota ("Member Cities"). This Agreement shall supercede the 1985 Performance Agreement between Grantee, City and SWSCC as amended in 1988 and shall be referred to as the Restated Performance Agreement. Section 1. Background. The SWSCC, its Member Cities and Grantee originally entered into the Relief Ordinances and Performance Agreement ("Relief Package") in 1985 in response to serious financial which Grantee was experiencing. The result of the was to reduce the financial obligations of Grantee Programming and Franchise Fees, to provide Grantee incentive to refinance its debt obligations and to difficulties Relief Package for Local with an increase the involvement of the SWSCC and its Member Cities in funding Local Programming Obligations and monitoring Grantee's performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the continuance of the CATV Relief Ordinance with some modifications. In adopting Ordinance No. , the Local Programming Restructuring Ordinance, the SWSCC, its Member Cities and Grantee in 1991 acknowledged the success of the Relief Package. Grantee's financial situation had improved significantly such that Grantee could resume full payment of franchise fees and responsibility for funding all Restructured Local Programming Obligations. It was determined that the mix of Local Programming and satellite services developed as a result of the Relief Package had proven successful and should be continued. Finally, with Grantee's financial situation stabilized and with the Member Cities no longer involved in funding Local Programming Obligations, it was agreed that many of the increased oversight and reporting requirements contained in the Performance Agreement were no longer necessary and should be modified. Section 2. Definitions. The words and phrases used in this Agreement shall have the meaning given to them in the Franchise, Relief Ordinances and Local Programming Restructuring Ordinance. Attached as Exhibit 1 is a glossary of such words and phrases. Section 3. Term. This Agreement shall commence upon the Effective Date, as defined herein, and shall cease upon the occurrence of any event causing termination of the Local Programming Restructuring Ordinance, pursuant to any provision of Sections 7 or 8 thereof. Section 4. Local Programming. 4.01 The parties agree to cooperate with one another to ensure that Local Programming is maintained and the needs of users are met. 4.02 The obligations and responsibilities of Grantee with respect to public, educational and governmental access facilities shall be accomplished according to the terms of a contract between Grantee and SWSCC (the "Restated Facilities Contract"). This contract shall be executed by Grantee and the SWSCC and be in the form and substance attached hereto as Exhibit 2. 4.03 Grantee's responsibilities for public, educational and governmental access personnel shall be established pursuant to a contract between Grantee and SWSCC (the "Restated Services Contract"). This contract shall be executed by the Grantee and SWSCC and be in the form and substance attached hereto as Exhibit 3. 4.04 Grantee's restructured obligations in support of Local Origination Programming ("Restructured Local Programming Obligations") shall be as follows: A. Grantee shall assume responsibility for the funding, production and cablecasting of the News Show as of the third weekly show of November, 1991. Grantee's obligation to fund the News Show shall be for a period of two years through the second weekly show of November, 1993. The News Show shall be produced in a manner generally consistent of the terms of the Agreement between Grantee and the SWSCC dated January 23, 1991; provided, however, the role of the City shall be advisory in nature and the City shall not be required to provide financial support for the News Show. B. Not less than Ninety (90) days before the expiration of the above -referenced two-year period, Grantee shall consult with the SWSCC and Member Cities concerning the effectiveness of the News Show, as well as alternative Local Origination Programming options. Based upon this consultation and Grantee's assessment of the needs and desires of the communities and subscribers served by Grantee, Grantee shall formulate a Local Origination proposal which shall be included in its 1994 Local Programming Plan pursuant to Section 7.04 hereof. C. So long as this Agreement remains in effect, Grantee shall allocate to Local Origination Programming, at least $100,000 of its expenditures pursuant to its Restructured Local Programming Obligations. 4.05 Grantee's financial support for its Restructured Local Programming Obligations shall meet those obligations set forth in Section 6.4 of the Local Programming Restructuring Ordinance. 4.06 Upon the termination of this Agreement, the parties shall review in good faith any transition to be made in the organizational structure of local programming. 4.07 Grantee agrees that it will not itemize expenses related to its Restructured Local Programming Obligations on its monthly subscriber statements for a period of two years from the effective date of this Agreement. Thereafter, Grantee reserves the right to itemize such expenses on its monthly subscriber statements; provided that Grantee shall provide SWSCC and City with notice of its intention to itemize such expenses together with a sample subscriber statement indicating the language to be used in itemizing such expenses and showing how such language will appear on the subscriber statement. Notice shall be provided at least 90 days prior to such language appearing on any monthly subscriber statement. Grantee's agreement not to itemize such expenses during the above -stated period is offered freely as an accommodation to the SWSCC and City and does not constitute an act of regulation by the SWSCC or the City. Grantee's agreement not to itemize such expenses is done with full reservation of Grantee's rights upon expiration of the above -stated period. SWSCC and City also fully reserve their rights to regulate the itemization of Local Programming expenses on monthly subscriber statements upon the expiration of the above -stated period. Section 5. Institutional Network. 5.01 The parties acknowledge that as of enactment of the Relief Ordinance, Grantee had not complied with provisions of the Franchise relating to the institutional network. Due to changes in the cable communications industry, community needs and financial projections since the granting of the Franchise, the need for and economic viability of an institutional network were unclear and required study. It was also recognized that institutional networks have not generally succeeded without substantial public initiation. In light of these factors, and in order for the City to make a final determination on the development of an institutional network, the parties created the SOUTHWEST INSTITUTIONAL NETWORK GROUP ("SWING"). 5.02 SWING consisted of nine (9) members, including a chairperson appointed by the SWSCC. Grantee appointed four (4) members and SWSCC also appointed four (4) additional members in consultation with the Member Cities. The staff of Grantee and SWSCC served as staff for SWING in the manner and to the extent designated by SWSCC. Within eighteen (18) months from the date of the original Performance Agreement, SWING was mandated to produce a final report containing its recommendations to be provided to SWSCC, each Member City and Grantee. The report was to include, but not be limited to, recommendations on whether or not construction should occur, time for construction, method of financing construction and any special institutional services suggested or having a clear community need. In preparing its report and recommendations, SWING was to take into account the economic viability of such a network on a stand-alone basis, and the effect, if any, the construction of the network would have on the financial condition of Grantee and residential subscriber rates. 5.03 Pursuant to the report and recommendations issued by SWING, as amended in 1988 in anticipation of the transfer of control of Grantee, development of an institutional network shall be deferred for the longer of: (i) November 16, 1993, or (ii) until such time as the SWSCC reconvenes and/or reappoints SWING and SWING determines that the institutional network is economically viable and that the construction of the network would not have an adverse impact on the financial condition of Grantee and residential subscriber rates. Section 6. Service to New Residential Developments. 6.01 The City acknowledges that extensions of the System to new residential developments before those residential developments are completed leads to frequent damage to the System. This damage to the System results in increased construction costs passed on to subscribers, the interruption of service to many subscribers and increased maintenance expenses. 6.02 In recognition of these costs and disruptions, Grantee and the City agree that the System need not be extended to new residential developments until those developments are sufficiently complete, as reasonably determined by Grantee, to minimize the above -described problems. 6.03 Notwithstanding anything to the contrary, the City may require Grantee to extend the System to any new residential development in accordance with the terms and conditions of the Franchise as amended. 6.04 If the construction of any portion of the System is to be delayed pursuant to this Section, the terms of such delay shall be approved, in writing, by the City. Section 7. Reports and Reviews. 7.01 Monthly Reports. Grantee shall provide to the SWSCC and City copies of its monthly reports concerning subscriber statistics, subscriber complaints to the SWSCC or City and the status of their resolution, and local programming facilities and services usage statistics. 7.02 Franchise Fee Payment Report. Grantee shall submit to SWSCC and City a report detailing how the franchise fees payable for the quarter were calculated. The report shall be in a format developed in conjunction with the SWSCC. 7.03 Annual Report. Grantee shall submit a report annually, by the later of May 1 or within one hundred and twenty (120) days after the close of Grantee's fiscal year, in a form provided to it by the City or SWSCC. The City or SWSCC shall provide Grantee with this form by the later of July 1 or six (6) months prior to the end of Grantee's fiscal year and it shall contain a description of the information reasonably required to inform the City and SWSCC of Grantee's activity. The information to be provided shall include at a minimum: A. Subscriber statistics for the then prior fiscal year; B. A financial statement; C. Changes in management; D. Changes in ownership; E. Marketing activities; F. Evidence that the events causing termination of the Local Programming Restructuring Ordinance have not occurred; G. Confirmation that Grantee's expenditures for Local Programming Obligations met or exceeded levels specified in the Local Programming Restructuring Ordinance. H. Subscriber and revenue projections for the then next fiscal year. The annual report shall be in addition to all other required reports and is intended to help the City determine Grantee's compliance with the terms and conditions of this Agreement, the Franchise and Relief Ordinances, as amended by the Local Programming Restructuring Ordinance. 7.04 Local Programming Plan. By the later of December 1 or thirty (30) days prior to the commencement of each of its fiscal years, Grantee shall submit to the SWSCC and City a Local Programming Plan. The Local Programming Plan shall include a budget and a narrative description of goals, objectives and strategies for the upcoming year. It shall also document anticipated changes and/or enhancements to services or facilities. Grantee shall specify its plans for Local Origination Programming (as distinct from its plans for access programming). The SWSCC and City shall have the opportunity to review and comment upon the Local Programming Plan. 7.05 Additional Reports. Grantee shall prepare and furnish to the SWSCC and City, at the times and in the form prescribed by the SWSCC or City, such additional reports with respect to its operations, affairs, transactions or property which the SWSCC or City deems necessary. Where possible, the SWSCC or City shall utilize reports that have been already prepared by Grantee. 7.06 Form of Reports. All reports required of Grantee shall be prepared as follows: A. All financial statements or other financial reports shall be prepared in accordance with generally accepted accounting principles and certified by Grantee's chief financial officer. B. All other reports shall be signed and verified by at least one (1) officer authorized to sign on behalf of Grantee. 7.07 Annual Review. Within sixty (60) days after receipt of the annual report, the SWSCC and City may conduct an annual review of Grantee's performance. A. Grantee shall respond to questions and requests from the City concerning its annual report, its performance, and/or financial condition. B. If the annual report, as described in Section 7.03 above, fails to establish to the satisfaction of the SWSCC and City that the terms of the Local Programming Restructuring Ordinance should continue by demonstrating that the events causing termination have not occurred, then Grantee shall respond to questions and requests from the City for additional evidence. C. Upon a written determination by the City that Grantee has failed to meet the showing required in subsection B. above, the City may require Grantee to enter into good faith negotiations to modify or terminate the Local Programming Restructuring Ordinance. D. In the event Grantee fails to negotiate in good faith, the City may terminate the Local Programming Restructuring Ordinance. 7.08 Annual Subscriber Survey. A. Grantee shall conduct an annual survey of its subscribers concerning satisfaction with the programming offered by Grantee and satisfaction with the overall quality of service provided by Grantee. The manner and form of the survey and any questionnaires shall be designed to provide statistically reliable information. B. At least thirty (30) days prior to the survey being conducted, Grantee shall contact the SWSCC and City concerning any specific information which the SWSCC or City would like to ascertain through the survey. Grantee shall make a good faith effort to incorporate any requests from the SWSCC or City into the survey. C. The results of the survey shall be discussed with the SWSCC and City at the first SWSCC meeting scheduled after such results have been completed and reviewed by Grantee. The City shall have the right to inspect and review subscriber -returned surveys. Section 8. Cooperation Between Parties. The SWSCC, City and Grantee shall meet regularly or at the request of any party during the term of this Agreement to discuss and review issues including, but not limited to, (i) changes in the cable industry; (ii) Grantee's performance under this Agreement and the Franchise; and (iii) solutions to problems confronting Grantee and the System. Section 9. Validity of Franchise Provisions. 9.01 Grantee agrees that the temporary reduction of the franchise fee provided in the Relief Ordinances as amended by the Local Programming Restructuring Ordinance in no way affects the validity of the franchise fee established in the Franchise. Grantee further agrees that it will in no way challenge the validity of the franchise fee established in the Franchise when that fee is restored upon termination of the Relief Ordinance, as amended by the Local Programming Restructuring Ordinance. 9.02 Grantee represents and warrants that the rates now in force and those rates to be in force and effect in the future include all costs of a five percent (5%) franchise fee. Section 10. Breach. Any breach of this Agreement by Grantee as finally determined by City after proceeding in accordance with the provisions of Article IX of the Franchise shall constitute cause for termination of the Local Programming Restructuring Ordinance. Section 11. Miscellaneous Provisions. 11.01 No Recourse Against City. Grantee shall have no recourse whatsoever against the SWSCC or the City or their elected officials, agents, employees or commissions for any loss, costs, expense or damage arising out of any provision or requirement of this Agreement, the Relief Ordinances or the Local Programming Restructuring Ordinance, or because of the enforcement of this Agreement, the Relief Ordinances or the Local Programming Restructuring Ordinance. No receipt or review, or objection or other action made or taken, by the City or SWSCC or any Member City, as to any report, statement, plan or study given or received pursuant to this Agreement shall impose any liability or obligation of any kind upon the City, other Member Cities or the SWSCC, or be, or be deemed to be, an amendment to the Franchise, Relief Ordinances or Local Programming Restructuring Ordinance. 11.02 Indemnification and Insurance. The provisions of Article VIII of the Franchise pertaining to indemnification and insurance are applicable to this Agreement and the performance of this Agreement by the City, SWSCC and their employees, officers, officials, representatives and agents and said Article VIII of Franchise is hereby incorporated in this Agreement and made a part of it. 11.03 Severabilitv. A holding or determination by any court or agency that any term, condition or provision of this Agreement is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination, shall render this Agreement at City's discretion wholly null and void. 11.04 Complete Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modifications or additions shall be binding. No verbal or written statement of the parties shall be considered a modification of this Agreement except by a written document signed by the parties expressly stating that it is modifying the Agreement and setting forth the new conditions or provisions of the Agreement. 11.05 Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 11.06 Captions. The captions to sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 11.07 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. In the event of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Agreement, the Relief Ordinances, or the Local Programming Restructuring Ordinance, the City, in its sole discretion, shall resolve such dispute or question; provided however that, to the extent the terms of this Agreement, the Relief Ordinances or the Local Programming Restructuring Ordinance are in conflict with the Franchise or the Offering, the terms of this Agreement, the Relief Ordinances or the Local Programming Restructuring Ordinance shall be governing. 11.08 Other Laws. This Agreement is subject to federal, state and local laws and rules and to the requirements of the Federal Communications Commission. 11.09 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is deposited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom it is addressed. Notice shall be given to the parties at the following addresses: If to Grantee: KBL Cablesystems of the Southwest, Inc. 801 Plymouth Avenue North Minneapolis, Minnesota 55411 If to SWSCC: Adrian E. Herbst Southwest Suburban Cable Commission c/o Moss & Barnett 4800 Norwest Center 90 South Seventh Street Minneapolis, Minnesota 55402-4119 If to City: City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 The foregoing addresses may be changed by notice given as above provided. Any address change shall be effective ten (10) days after such notice of change is given as above provided. Section 12. Effective Date. This Agreement shall become effective upon its execution, provided that all terms and conditions set forth in Section 9 ("Effective Date") of the Local Programming Restructuring Ordinance, a copy of which is attached hereto as Exhibit 4, have been satisfied, and provided further that the terms of the Relief Ordinances and Performance Agreement shall be deemed to be in effect through July 31, 1992, and shall supercede any requirements set forth in this Agreement except for those obligations related to Local Origination Programming set forth in Section 4.04A herein. CITY OF EDINA, MINNESOTA By Its By Its SOUTHWEST SUBURBAN CABLE COMMISSION By Its By Its KBL CABLESYSTEMS OF THE SOUTHWEST, INC. By Its 1203DAJ EXHIBIT 1 GLOSSARY For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Access or Community Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Company. Channels shall be made available pursuant to Section IV of the Restated Contract for Local Programming Facilities. 2. Basic Service means all subscriber services provided by Grantee, including the delivery of broadcast signals, covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made. 3. Cablecast shall mean programming in a video, audio or data format transmitted through the cable communications system to users and subscribers. 4. Channel or Television Channel shall mean a six megahertz (6 MHz) frequency band, including adjacent vertical blanking interval, which is capable of carrying one standard video signal, a number of audio, digital or other non -video signals, or some combination of such signals. 5. City means the City of Eden Prairie, Edina, Hopkins, Minnetonka or Richfield, a municipal corporation in the State of Minnesota which has granted the Franchise. 6. Class IV Channel means a signaling path provided by a System to transmit signals of any type from a subscriber terminal to another point in System. 7. Connection means the attachment of the drop to the first radio or television set of the subscriber. 8. Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector, also permits a subscriber to view all basic subscriber signals, including the basic service delivered at designated converter dial locations. 9. Council means the governing body of City. 10. Drop shall mean the cable that connects the subscriber terminal to the nearest feeder cable of the cable. 11. FCC shall mean the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 12. Franchise shall mean the Cable Communications Ordinance, as now or hereafter amended, of Member Cities. 13. Franchise Area shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota, together with any future annexations or lawful expansions. 14. Grantee shall mean KBL Cablesystems of the Southwest, Inc. a Minnesota corporation. 15. Gross Revenues shall mean all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent, and any person in which Grantee has a financial interest of five percent (5%) or more from or in connection with the operation of the System, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues. The term does not include any taxes on services furnished by Grantee and imposed directly upon any subscriber or user by the State, City or other governmental unit and collected by Grantee on behalf of said governmental unit. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. 16. Installation means the connection of the System from feeder cable to the point of connection. 17. Local Programming shall mean access, community access, and/or local origination programming. 18. Local Programming Obligations means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. 19. Local Origination Programming shall mean programming produced under the control of the Company which is of interest to those living on the Franchise Area. 20. Lockout Device is an optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain channel or channels provided by way of cable communications system. -2- 21. Member Cities shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. 22. News Show means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. 23. Offering of Grantee or Offering shall mean that certain document dated December 5, 1980, entitled "Offering of Grantee" and signed by Grantee and City, which document is on file with the City Clerk. 24. Playback Operator shall mean that employee of Company whose responsibilities shall include, but not be limited to, the codification and implementation of all access schedules. 25. Programming shall mean any video, audio, text or data signal carried over the system. 26. Public Building is any building owned or operated by the United States government or any subdivision thereof, or the State of Minnesota or any subdivision thereof, or the City or any other governmental subdivision, or school district or educational institutions. (Article I, Section 2, Paragraph V, amended effective 09/83.) 27. Public Property is any real property owned by City other than a street. 28. Relief Ordinances means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. 29. Restated Performance Agreement means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for franchise compliance in other areas. 30. Restructured Local Programming Obligations means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. 31. Scrambler/Descrambler refers respectively to the equipment installed to the cable communications system's headend equipment and subscriber terminal used to isolate pay cable and other ancillary service channels from basic service which is accomplished by electronically distorting the signal prior to its transmission through the cable communications system and -3- reconstituting the signal at each authorized location for subsequent display. 32. Sidewalk is the portion of a street delineated for pedestrian travel. 33. Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 34. SWSCC shall mean the Southwest Suburban Cable Commission. 35. Subscriber means any person or entity who subscribes to a service provided by Grantee by means of or in connection with the System regardless of whether a fee is paid for such service. 36. Subscriber Network shall mean a single trunk 440 MHz cable activated with 54 downstream channels and 4 return or upstream channels, as it may be upgraded from time to time. 37. System means a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in City. Said definition shall not include any system wholly internal to one or more multiple unit dwellings under common ownership, control or management, and does not use City streets or other public property. In any event, system as defined herein shall not be inconsistent with any definition as set out in state law. 38. User or Local Programming User shall mean any person who utilizes the System studio or facilities, whether for a charge or without charge. 1203DAJ EXHIBIT 2 TO THE RESTATED PERFORMANCE AG?EEME RESTATED CONTRACT FOR LOCAL PROGRAMMING FACILITIES THIS AGREEMENT is made and entered into this day of 1991, by and between the SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter SWSCC) and KBL CABLESYSTEMS OF THE SOUTHWEST, INC. (hereinafter Grantee), a Minnesota corporation. WITNESSETH WHEREAS, Grantee pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Franchise of member cities has been granted a Franchise to construct, own and operate a cable communications system in the cable service territory; and WHEREAS, residents of the cable service territory will benefit from valuable public access opportunities available through the System; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the terms, phrases, words and their derivations shall have the meaning given in the glossary attached hereto as Exhibit 1. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words defined in the Franchise or the Local Programming Restructuring Ordinance shall have same meaning herein. Words not defined shall be given their common and ordinary meaning. SECTION II STUDIOS 2.01 Location. Grantee shall provide, maintain and staff at a minimum three Local Programming production studios to serve the communities as follows: 1) a 2,000 square -foot production studio located at 10210 Crosstown Circle in Eden Prairie which shall be utilized for large production projects as well as primarily serving residents of Eden Prairie; 2) a 1,000 square -foot studio located at 904 Mainstreet in Hopkins which shall primarily serve residents of Hopkins and Minnetonka; and 3) a 1,000 square -foot studio located at 6400 Penn Avenue in Richfield which shall primarily serve residents of Richfield and Edina. Each studio will be equipped with standard production equipment including but not limited to one editing suite, cameras, lighting and control room and shall be for Local Programming use subject to the limitations set forth within. 2.02 Initial Condition of Premises. SWSCC acknowledges that it has examined the above -described premises and that said premises are now, to the best of SWSCC's knowledge, in good and satisfactory condition. Grantee represents that it is aware of no substantial defect in the premises which was not reasonably observable by SWSCC and that Grantee is aware of no condition, restriction or limitation that would interfere with the use of said premises for public access studios. 2.03 Hours of Availability. A. At least one studio described above shall be available for Access use from 8:00 a.m. until midnight, seven days per week by appointment, except legal holidays as defined at Minn. Stat. § 645.44, subd. 5, as it may from time to time be amended. Grantee shall, to the maximum extent possible, provide all Users unimpeded entry and exit to and from the studios during all hours of studio availability. B. Grantee shall provide to SWSCC updated written schedules of access studio hours as those hours may change from time to time. SWSCC and Grantee shall review the schedule at the request of either party. 2.04 Alterations and Improvements. Grantee shall not make alterations or improvements in the studios if they would substantially interfere with the use of said premises for access purposes on a long term basis. Any such alterations and improvements shall be made in a good and workmanlike manner and in compliance with all laws and regulations of any governmental agency having jurisdiction over said premises. 2.05 Maintenance and Repair. A. Grantee shall have the responsibility to ensure that the studios are maintained and kept in good repair and order. All maintenance, repairs and replacement shall be made promptly and in good and workmanlike manner and so that the defective portions of said premises are put in good and satisfactory condition. B. In the event SWSCC determines, in its sole discretion, that the condition of said premises represent a threat to the safety and welfare of Users or that the condition of said premises is unsuitable for access Users due to the need for repair or maintenance, SWSCC may undertake such repairs or maintenance provided that Grantee shall first be given ten (10) business days advance notice and the opportunity to undertake such repairs or maintenance. The time for Grantee to undertake such repairs or maintenance may be extended by SWSCC. 1. If, pursuant to paragraph B above, SWSCC repairs or maintains the premises, SWSCC may charge Grantee for SWSCC costs in undertaking such repairs or maintenance including reasonable overhead. 2. If, pursuant to paragraph 1 above, SWSCC repairs or maintains the premises such action shall be documented within thirty (30) days and invoices shall be submitted to Grantee at such time. Payment shall be due upon receipt of such invoices. 2.06 Hazard Insurance. Grantee shall, at all times during the term of this Agreement procure and maintain at Grantee's expense fire insurance with an extended coverage endorsement, insuring the improvements located on the premises to the full extent of the insurable value thereof. SECTION III EQUIPMENT 3.01 Local Programming Equipment. Grantee shall, at a minimum, locate the equipment set forth in Exhibit 2, attached hereto and made a part hereof, at the designated studio for Local Programming use. SWSCC shall not acquire any title or interest in the equipment, either legal or equitable, except as expressly granted herein. A. The equipment set forth in Exhibit 2 shall at all times be the sole and exclusive property of Grantee. SWSCC shall have no rights or property interest in the equipment except for the right to use the equipment in the normal operation of Local Programming. B. Grantee shall keep the equipment at all times free and clear from all claims, levies, liens, encumbrances and process except where necessary for financing purposes. Grantee shall give SWSCC immediate written notice of any such attachment or other judicial process affecting any article of equipment. C. Grantee shall not pledge, lend or create a security interest in or sublet the equipment or any part thereof or attempt in any manner to dispose thereof or remove the equipment, or any part thereof, from the designated studios without SWSCC prior written consent, except where necessary for financing purposes. D. Grantee shall display notice of Grantee's ownership on each article of equipment by means of a suitable stencil, label or plaque affixed thereto. 3.02 SWSCC Inspection of Equipment. SWSCC reserves the right to inspect the equipment. 3.03 Repair of Equipment. A. Grantee shall maintain all equipment in good operating condition and repair and shall repair, fix, replace or adjust such equipment promptly. If SWSCC alleges or receives a complaint alleging that any equipment is not in good operating condition and repair, SWSCC shall notify Grantee of such condition. Grantee shall inspect, repair, fix, replace or adjust such equipment within fifteen (15) days of receipt of this notice. SWSCC and Grantee may agree to extend this period. If Grantee determines that such equipment is in good operating condition, Grantee shall make a written report of such determination and make this report available to SWSCC. B. If SWSCC disagrees with Grantee's report, SWSCC may determine, in its sole discretion, that any item of equipment set forth in Exhibit 2 is not in good operating condition and repair, SWSCC may repair, fix, replace or adjust such equipment provided that Grantee shall be given five (5) business days advance notice and the opportunity to repair, fix, replace or adjust such equipment. The time for Grantee to repair, fix, replace or adjust such equipment may be extended by SWSCC. C. If, pursuant to paragraph B above, SWSCC repairs, fixes, replaces or adjusts any item of equipment, SWSCC shall have such work done by a vendor, approved in advance by Grantee in accordance with paragraph F below, and charge Grantee for SWSCC costs in repairing, fixing, replacing or adjusting said equipment including reasonable overhead and the cost of any special items needed to maintain or repair the equipment. D. If, pursuant to paragraph C above, SWSCC repairs, fixes, replaces or adjusts any item of equipment such action shall be documented within thirty (30) days and paid invoices shall be submitted to Grantee at such time. Payment shall be due upon receipt of such invoices. E. Grantee shall keep maintenance records and logs of all production equipment on standard forms indicating the nature of any repairs and/or maintenance and the date of same. Such records shall be retained for the term of this Agreement and shall be available for inspection by SWSCC during regular business hours upon forty-eight (48) hours advance notice. F. During the term of this Agreement, Grantee shall maintain on file with SWSCC a list of at least one firm, business or institution located within the seven -county metropolitan area as defined in Minnesota Statutes, Section 473.121, Subd. 2., acceptable to Grantee, for the repair of equipment as described in this Section 3.03. Failure to meet this requirement constitutes an acceptance of any vendor chosen by SWSCC. 3.04 Location of Equipment. The equipment shall be installed, maintained and stored at locations as set forth in Exhibit 1. Grantee shall maintain sufficient records so as to at all times keep SWSCC informed as to the location of all equipment. 3.05 Insurance of Equipment. Grantee shall maintain such insurance as may be required by the Franchise or by federal, state or local law. SECTION IV CHANNELS AND PROGRAMMING 4.01 Subscriber Network. A. Grantee shall make available during the term of this Agreement the following access channels: Channel 32 - Educational Access Channel 6 - Regional Interconnect Channel 33 - Public Access Channel 35 - Educational Access Channel 25 - Leased Access Channel 34 - Municipal Access B. No charges may be made for channel time, playback of prerecorded programming or live studio presentations. However, under certain circumstances, as set forth in the ACCESS RULES (a copy of which shall be on file with the Commission), charges for production costs may be assessed according to the provisions of the ACCESS RULES. C. Channel capacity, in addition to that set forth in paragraph (a) above, shall be made available in accordance with federal, state, and local law. 4.02 Programming. Grantee shall be fully responsible for administering the programming of Access channels and all decisions regarding such programming shall be at the sole discretion of Grantee until SWSCC determines otherwise. SECTION V TERM, EFFECTIVE DATE AND TERMINATION 5.01 Term. This Agreement shall be coterminous with the Restated Performance Agreement. It shall terminate upon the expiration or termination of the Restated Performance Agreement. 5.02 Effective Date. This Agreement shall become effective as of August 1, 1992; provided that all terms and conditions set forth in Section 9 ("Effective Date") of the Local Programming Restructuring Ordinance have been satisfied. SECTION VI PERSONNEL 6.01 Technical Employees. Grantee shall employ sufficient staff including, but not limited to, a minimum of one (1) part-time (a minimum of ten (10) hours per week) Regional Video Technical Supervisor and one (1) full-time equivalent Video Technician who shall maintain and repair studios and equipment as specified herein. 6.02 Playback Employees. Grantee shall employ sufficient staff including, but not limited to, a minimum of one (1) full-time equivalent and one (1) part-time (a minimum of ten (10) hours per week) Playback Operator who shall be responsible for, but not limited to, the codification and implementation of all access schedules. SECTION VII MISCELLANEOUS PROVISIONS 7.01 Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. 7.02 Force Maieure. If by reason of force majeure, any party to this Agreement is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in violation or default during the continuance of such inability. The term "force majeure" as used in this Agreement shall mean the following: strikes, acts of God, orders of the federal or state governments, or any of their departments or agencies, lightning, fires, storms, floods, civil disturbances, explosions, partial or entire failure of utilities, or any other cause or event not reasonably within the control of that party. 7.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall give notice to the other party of the point of conflict believed to exist between such law, ordinance or regulation. B. If any Section, sentence, paragraph, term or provision of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provision hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said provision. 7.04 Liquidated Damages. Upon the breach of any term, condition, or provision of this Agreement, Grantee shall pay to SWSCC a sum of up to and including two hundred dollars ($200.00) per day as determined by SWSCC for each and every day of the breach as a liquidated damage pursuant to the Default Proceedings set forth in Section 7.05 of this Agreement. In assessing liquidated damages, SWSCC shall seek to ascertain the actual damages incurred by SWSCC and it is not the intent of this Section to be punitive. The parties hereby agree that the services to be performed under this Agreement are in the public interest and will further the development of the System within the Franchise Area and that the Agreement is continuation of the relationship established by this mutually beneficial. Consequently, the parties acknowledge that damage due to a breach of this Agreement will be difficult to determine and that the liquidated damages set forth above are fair and reasonable and will not be contested. 7.05 Default Proceedings. In the event Grantee has breached any of its obligations hereunder, SWSCC shall give written notice of the default to Grantee and SWSCC's intention to terminate this Agreement or impose liquidated damages, whichever SWSCC deems appropriate. A. Grantee shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Grantee fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in SWSCC's sole opinion, to cure such default as soon as possible) within which to cure such default. In the event Grantee fails to cure such default, as described above, SWSCC may terminate this Agreement or impose liquidated damages, at its option. B. Grantee may, within ten (10) days of notice, notify SWSCC that there is a dispute as to whether a default has, in fact, occurred. Such notice by Grantee to SWSCC shall specify with particularity the matters disputed by Grantee. Such notice shall stay the running of the above described thirty (30) day period. C. SWSCC shall hear Grantee's dispute at the next regularly scheduled SWSCC meeting and shall make a determination at that meeting as to whether Grantee's actions constitute a default hereunder. SWSCC shall supplement its decision with written findings of fact. D. If after hearing the dispute SWSCC finds that there is a default, Grantee shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, SWSCC may terminate this Agreement, seek specific performance or impose liquidated damages, at its option. E. Notwithstanding anything to the contrary, if Grantee is in default on any insurance premium, rental payment or other amounts to be paid by Grantee in order to perform the obligation of this Agreement or any other agreement between the parties, SWSCC may cure such default on behalf of Grantee, in which event SWSCC shall be entitled to reimbursement for all sums paid to effect such cure, together with interest at the rate of 6% per annum and reasonable attorney's fees. 7.06 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 7.07 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. In the event of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Agreement or Relief Ordinance, the SWSCC, in its sole discretion, shall resolve such dispute or question, provided that it is agreed that to the extent the terms of this Agreement or the Relief Ordinances as amended by the Local Programming Restructuring Ordinance are in conflict with the Franchise or the Offering, the terms of this Agreement or the Relief Ordinances as amended shall be governing. 7.08 Governing Law. This Agreement shall be interpreted in accordance with Minnesota law. 7.09 Other Laws. This Agreement shall be subject to all applicable federal, state and local laws. 7.10 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is deposited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom it is addressed. Notice shall be given to the parties at the following addresses: SWSCC Adrian E. Herbst Southwest Suburban Cable Commission c/o Moss & Barnett 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 Grantee KBL Cablesystems of the Southwest, Inc. 801 Plymouth Avenue North Minneapolis, MN 55411 7.11 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modifications or additions hereto shall be binding. No verbal or written statements of the parties shall be considered a modification of this Agreement except by a written document signed by all parties expressly stating that it is modifying the Agreement and setting forth the new condition or provision of the Agreement. 7.12 No Joint Venture. Nothing in this Agreement shall create a joint venture or principal -agent relationship between the parties and no party is authorized to (and no party shall) act toward third parties or the public in any manner which would indicate any such relationship with the other. 7.13 Nonenforcement. The failure of any party to strictly enforce any provisions of this Agreement shall not be construed as a waiver or as excusing that party from future performance. 7.14 Attorneys Fees. If it is necessary for SWSCC to retain the services of an attorney of law to enforce any of the terms, covenants or provisions hereof or to collect any sums due hereunder, Grantee shall pay to the SWSCC the actual cost of such services. 7.15 Indemnification and Insurance. The provisions of Article VIII of the Franchise pertaining to indemnification and insurance are applicable to this Agreement and the performance of this Agreement by SWSCC and its officers, officials, representatives, employees and agents and said Article VIII of Franchise is hereby incorporated in this Agreement and made part of it. 7.16 Assignments. This Agreement shall not be assigned or performance of the duties hereunder delegated without the express prior written consent of the parties. 7.17 Production of Local Origination Programming. Grantee shall have the right to utilize the channels, facilities, equipment, and personnel set forth herein for the production and cablecasting of Local Origination Programming, provided that such usage shall not excuse Grantee from meeting its Access obligations under this Agreement. This Agreement is accepted, and we agree to be bound by all its terms and conditions. DATED: SOUTHWEST SUBURBAN CABLE COMMISSION By Its: By Its: STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 1991, by , the of SOUTHWEST SUBURBAN CABLE COMMISSION, a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: DATED: STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) KBL CABLESYSTEMS OF THE SOUTHWEST, INC. a Minnesota Corporation By Its: The foregoing instrument was subscribed and sworn to before me this day of , 1991, by , the of KBL CABLESYSTEMS OF THE SOUTHWEST, INC., a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: 1100DAJ EXHIBIT 1 • GLOSSARY For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Access or Community Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of Grantee. Channels shall be made available pursuant to Section IV of the Restated Contract for Local Programming Facilities. 2. Basic Service means all subscriber services provided by Grantee, including the delivery of broadcast signals, covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made. 3. Cablecast shall mean programming in a video, audio or data format transmitted through the cable communications system to users and subscribers. 4. Channel or Television Channel shall mean a six megahertz (6 MHz) frequency band, including adjacent vertical blanking interval, which is capable of carrying one standard video signal, a number of audio, digital or other non -video signals, or some combination of such signals. 5. City means the City of Eden Prairie, Edina, Hopkins, Minnetonka or Richfield, a municipal corporation in the State of Minnesota which has granted the Franchise. 6. Class IV Channel means a signaling path provided by a System to transmit signals of any type from a subscriber terminal to another point in System. 7. Connection means the attachment of the drop to the first radio or television set of the subscriber. 8. Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector, also permits a subscriber to view all basic subscriber signals, including the basic service delivered at designated converter dial locations. 9. Council means the governing body of City. 10. Drop shall mean the cable that connects the subscriber terminal to the nearest feeder cable of the cable. 11. FCC shall mean the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 12. Franchise shall mean the Cable Communications Ordinance, as now or hereafter amended, of Member Cities. 13. Franchise Area shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota, together with any future annexations or lawful expansions. 14. Grantee shall mean KBL Cablesystems of the Southwest, Inc. a Minnesota corporation. 15. Gross Revenues shall mean all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent, and any person in which Grantee has a financial interest of five percent (5%) or more from or in connection with the operation of the System, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues. The term does not include any taxes on services furnished by Grantee and imposed directly upon any subscriber or user by the State, City or other governmental unit and collected by Grantee on behalf of said governmental unit. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. 16. Installation means the connection of the System from feeder cable to the point of connection. 17. Local Programming shall mean access, community access, and/or local origination programming. 18. Local Programming Obligations means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. 19. Local Origination Programming shall mean programming produced under the control of Grantee which is of interest to those living on the Franchise Area. 20. Lockout Device is an optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain channel or channels provided by way of cable communications system. -2- 21. Member Cities shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. 22. News Show means that show produced by Grantee pursuant to an Agreement with SWSCC dated January 23, 1991. 23. Offering of Grantee or Offering shall mean that certain document dated December 5, 1980, entitled "Offering of Grantee" and signed by Grantee and City, which document is on file with the City Clerk. 24. Playback Operator shall mean that employee of Grantee whose responsibilities shall include, but not be limited to, the codification and implementation of all access schedules. 25. Programming shall mean any video, audio, text or data signal carried over the system. 26. Public Building is any building owned or operated by the United States government or any subdivision thereof, or the State of Minnesota or any subdivision thereof, or the City or any other governmental subdivision, or school district or educational institutions. (Article I, Section 2, Paragraph V, amended effective 09/83.) 27. Public Propertv is any real property owned by City other than a street. 28. Relief Ordinances means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. 29. Restated Performance Agreement means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for franchise compliance in other areas. 30. Restructured Local Programming Obligations means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. 31. Scrambler/Descrambler refers respectively to the equipment installed to the cable communications system's headend equipment and subscriber terminal used to isolate pay cable and other ancillary service channels from basic service which is accomplished by electronically distorting the signal prior to its transmission through the cable communications system and -3- reconstituting the signal at each authorized location for subsequent display. 32. Sidewalk is the portion of a street delineated for pedestrian travel. 33. Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 34. SWSCC shall mean the Southwest Suburban Cable Commission. 35. Subscriber means any person or entity who subscribes to a service provided by Grantee by means of or in connection with the System regardless of whether a fee is paid for such service. 36. Subscriber Network shall mean a single trunk 440 MHz cable activated with 54 downstream channels and 4 return or upstream channels, as it may be upgraded from time to time. 37. System means a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in City. Said definition shall not include any system wholly internal to one or more multiple unit dwellings under common ownership, control or management, and does not use City streets or other public property. In any event, system as defined herein shall not be inconsistent with any definition as set out in state law. 38. User or Local Programming User shall mean any person who utilizes the System studio or facilities, whether for a charge or without charge. EXHIBIT 2 EDEN PRAIRIE STUDIO EQUIPMENT 2 Hitachi FP-50s Color Studio Camera 1 ISI 902 Production Switcher 1 ISI 660 Chroma Keyer 1 ISI 501 Rack Frame 1 ISI 505 Power Supply 6 ISI 500 Blank Panels 1 Knox K-128 Character Generator with roll and crawl option 1 Sony VO-5600 Recorder 1 Sony FM-500 Remote control 1 Sony RCC-15FT Extension Cable 1 Sony PVM-1211F 12" color monitor 1 Sony CVM-1270 12" color monitor/receiver 1 RCA JFR-985SV 25" color monitor/receiver 2 Panasonic TR-932 dual 9" B/W monitor 1 Panasonic WV--58562 Dual High Res. 9" B/W monitor 1 Tektronics 1420 Vectorscope 2 Tektronics 528A Waveform monitor 1 Tektronics 016-0115-02 Dual rack adapter 1 Ryan VDA-200 video DA 1 Lenco PFM-300 Frame with following modules: PP-302 Power Supply P56-310 Sync. Gen. PCB-320 Color Bar Gen. PBB-321 Blackburst Gen. PBD-322 Bar Dot Gen. PMB-323 Multiburst Gen. PSS-324 Stairstep Ramp Gen. 2 PVA-350 Video DA 4 Panasonic WJ-225R 12 pos. video routing switcher 1 Panasonic WJ-220R 6 pos. video routing switcher EDEN PRAIRIE STUDIO EQUIPMENT Page 2 1 Microtime Time Base Corrector 1 Sony VO-5850 Edit recorder 1 Sony -5800 Recorder (used as source machine) 1 Sony RM-440 Edit Controller 2 Sony RCC-5F Connecting cables 1 Sony VDC-5 Dub Cable 1 Panasonic CT-110 10" color monitor 1 Panasonic WR-5360 High Res. 9" B/W monitor 2 ITE-H2 Cam head 2 ITE-RH Right handle 2 ITE-H25T Adapter 2 ITE-T6A Tripod 2 ITE-D6G Dolly with cable guards 1 Tascam M-30 mixer 1 Tascam 22-4 Reel to Reel recorder 1 Tascam RM-42 Rackmount kit 1 Tascam 124 cassette recorder 1 BGV 75 Stereo power amp 4 Electrovoice Sentury 100 Loudspeakers 2 Ryan Audio DA 4 Trampeter patch panels 1 Russco Studio pro turntable 1 Microtrak 303 tone arm 1 Stanton 500EE phono cartridge 1 Bretford MPS-48 TV cart 5 Sony DR- 10 Headset EDEN PRAIRIE STUDIO EOUIPMENT Page 3 1 VAC PLS-1 Intercom power supply 1 VAC PL-11BC Intercom w/beltchip 1 VACK PL-1 Intercom 3 Winstead 85-R55 Rackslide kit 2 Emcor Equipment Racks 1 Custom Production console 1 Custom Editing console 1 Sony VO-5800 Port. 3/4" VCR 1 Portabrace VTR carrying Use 1 Sony DXC-1800K Port. Color camera system 4 Sony BP-60 Batteries 1 Sony AC-340B VCR power sppply 1 Sony BC-20 Battery Charger 1 ITE t-20 Tripod 3 Sony ECM-30 Lavalier Mic. 2 Electrovoice 635A handheld mic. 1 Sony EMC-23A Handheld mic. 1 4-way extension cord EDEN PRAIRIE STUDIO LIGHTNING EQUIPMENT Pie Grid 11/z" schedule 40 black pipe grid Drapery Tlack Approx. 140' of ADC #140 single track Drapery 1 Seamless muslin cyclorama. 13'6" high by 40' wide, mounted on pipe in CBS gray 2 Black velour drapery panels, 13'6" high by 15' wide with 50% fullness 1 cherry velour panel, 13 '6" high by 20' wide with 50% fullness Fixtures 6 Strand -Century 3342 6 Strand -Century 1312 8 Strand -Century 3413 8 Strand -Century 1313 6 Strand -Century 5911 3 Strand -Century 5913 8 Strand -Century 4271 6" Fresnels Barndoors 8" Fresnels Barndoors Single cyc light Triple cyc light 14" scoop HOPKINS-MINNETONKA STUDIO EQUIPMENT 2 Hitachi FP-10 color camera and studio support eguipment 1 RCA TC-2011 B/W titleing camera 1 Panasonic WJ-5500A production switcher 1 Knox K-50 Charactor Generator 1 Sony VO 5600 recorder 1 Sony RM-500 remote control 1 Videotek RM-17 17" color monitor/receiver 1 RCA JFR-9855V 25" color monitor/receiver 1 Videotek VM8-PRW 8" color monitor 3 Panasonic TR-932 Dual 9" B/W' monitor 1 Videotek TSM-5 waveform monitor 1 Panasonic WR-450 audio mixer 1 Sony PS-LX2 turntable 1 Sony TC-FX20 stereo cassette deck 1 Ryan Audio DA 1 Ryan VDA 200 Video DA 1 Panasonic WJ-220R 6 pos. video routing switcher 1 Panasonic WJ-225R 12 pos. video routing switcher 1 Microtime T-120 Time Base Corrector 1 Sony VC-2860 Editor Recorder 1 Sony VP 2260 Player 1 Sony RM-430 Edit controller 2 Sony RCC-5F connecting cables 1 Sony VDC-5 Dub cable 2 Panasonic CT-1320 13" color mon. 2 ITE T-6A tripod HOPKINS-MINNETONKA STUDIO EQUIPMENT Page 2 2 ITE D-66 Dolly w/cable guard 2 ITE H-13 fluid head 2 ITE RM right handle ITE MHP-56 tripod adaptor Sony DR-10 Intercom headset Atlas MS-12C mic stand Bretford MPS-48 TV cart Trompeter patch panels Equipto VTR shelf Emcor Equipmemt Rack Custom production console Winstead editing console Sony VO-4800 Port. 3/4" VCR Porta-brace VTR carrying case Sony DXC-1800K Port. color camera system Sony BP-60 Batteries Sony AC-340B power supply Sony BC-20 Battery charger ITE T-20 Tripod Sony ECM-30 Lavalier mic. Electrovoice 635A handheld mic. Sony ECM-23A handheld mic 4 way 75ft extension cord Sony VO-4800 Port. 3/4" VCR Porta-Brace BTR Carrying Case Sony DCX-1800K Port. Color Camera System Sony BP-60 Batteries HOPKINS-MINNETONKA STUDIO EQUIPMENT Page 3 Sony AC-340B VCR power supply Sony BC-20 Battery Charger ITE T-20 Tripod Sony ECM-30 Lavalier Mic. Electrovoice 635 Handheld mic. Sony ECM-23A Handheld Mic. 4-way 75ft extension cord HOPKINS-MINNETONKA STUDIO LIGHTING EQUIPMENT PIPE GRID 11/2" schedule 40 pipe DPAPERY TRACK 50' of ADC #140 single track DRAPERY 1 Seemless natural muslin Cyclorama, 11' high by 32' wide 2 Black velour drapery panels, 11' high by 15' wide with 50% fulness FIXTURES 4 Strand -Century 3342 TV 6" Fresnels 4 Strand -Century 1312 Barndoors 2 Strand -Century 3413 8" Fresnels 2 Strand -Century 1313 Barndoors 4 Strand -Century 4271 14" Scoop Floodlight 1 Strand -Century 2209 6x9 Ellipsoidal EDINA-RICHFIELD STUDIO EOUIPMENT 2 Hitachi PF-10 color camera and studio support equipment 1 RCA TC-2011 B/W titleing camera 1 Panasonic WJ-5500A production switcher 1 Knox K-50 Character Generator 1 Sony VO-5600 recorder 1 Sony RM-500 remote control 1 Videotek RM-17 17" color monitor/receiver 1 RCA JFR-9855V 25" color moitor/receiver 1 Videotek VM8-PRW 8" color monitor 3 Panasonic TR-932 Dual 9" B/W monitor 1 Videotek TSM-5 waveform monitor 1 Panasonic WR-450 audio mixer 1 Sony PS-LX2 turntable 1 Sony TC-FX20 stereo cassette deck 1 Ryan Audio DA 1 Ryan VDA-200 Video DA 1 Panasonic WK-220R 6 pos. Video Routing switcher 1 Panasonic WK-225R 12pos. video routing switcher 1 Microtime T-120 Time base corrector 1 Sony VO-5850 Editor Recorder 1 SonO VO-5800 Recorder (used as source machine) 1 Sony RM-440 edit controller 2 Sony RCC-5F connecting cables 1 Sony VDC-5 dub cable 1 Panasonic CT-110 10" color monitor 1 Panasonic WV-5860 High Ris. 9" B/W monitor EDINA-RICHFIELD STUDIO EQUIPMENT Page 2 2 ITE T-6A tripod 2 ITE D-66 Dolly w/cable guard 2 ITE H-13 Fluid head 2 ITE RHM right handle 2 ITE MHT-56 tripod adaptor 4 Sony DR-10 Intercom headset 2 Atlas MS-12C mic stand 1 Bretford MPS-48 TV cart 2 Trampeter patch panels 1 Equito VTR shelf 1 Equipto equipment rack 1 Custom production console 1 Custom editing console 1 Sony VO-4800 Port. 3/4" VCR 1 Porta-brace VTR carrying case 1 Sony DXC-1800K Port. color camera system 4 Sony BP-60 Batteries 1 Sony AC-340B VCR power supply 1 Sony BC-20 Battery charger 1 ITE T-20 Tripod 3 Sony ECM-30 Lavalier mic. 2 Electrovoice 635A handheld mic 1 Sony ECM-23A handheld mic 1 4 way 75ft extension cord 2 Hitachi FP-10 color camera and studio support equipment 1 RCA TC-2011 B/W titleing camera EDINA-RICHFIELD STUDIO EOUIPMENT Page 3 1 Panasonic WJ-5500A production switcher 1 Knox K-50 Character Generator 1 Sony VO-5600 recorder 1 Sony RM500 remote control 1 Videotek RM-17 17" color monitor/receiver 1 RCA JFR-9855V 25" color monitor/receiver 1 Videotek VM8-PRW 8" color monitor 3 Panasonic TR-932 Dual 9" B/W monitor 1 Videotek TSM-5 waveform monitor 1 Panasonic WR-450 audio mixer 1 Sony PS-LX2 turntable 1 SonyTC-FX20 stereo cassette deck 1 Ryan Audio DA 1 Ryan VDA-200 Video DA 1 Panasonic WJ-220R 6 pos. Video Routing switcher 1 Panasonic WJ-225R 12 pos. video routing switcher 1 Microtime T-120 Time base corrector 1 Sony VO-2860 Editor Recorder 1 Sony VP-2260 Player 1 Sony RM-440 edit controller 2 Sony RCC-5E connecting cables 1 Sony VDC-5 dub cable 1 Panasonic CT-110 10" color monitor 1 Panasonic WV-5360 High Ris. 9" B/W monitor 2 ITE T-6A tripod 2 ITE D-66 Dolly w/cable guard EDINA-RICHFIELD STUDIO EOUIPMENT Page 4 2 ITE H-18 fluid head 2 ITE RHM right handle 2 ITE MHT-56 tripod adaptor 4 Sony DR-10 Intercom headset 2 Atlas MS-12C mic stand 1 Bretford MPS-48 TV cart 2 Trompeter patch panels 1 Equipto VTR shelf 1 Emcor equipment rack 1 Custom production console 1 Sony VO-4800 Port. 3" VCR 1 Porta-brace VTR carrying case 1 Sony DXC-1800K Port. color camera system 4 Sony BP-60 Batteries 1 Sony AC-340B VCR power supply 1 Sony BC-20 Batery charger 1 ITE T-20 Tripod 3 Sony ECM-30 Lavalier mic. 2 Electrovoice 635A handheld mic. 1 Sony ECM-23A handheld mic. 1 4-way 75 ft. extension cord EDINA-RICHFIELD STUDIO LIGHTING EOUIPMENT Pipe Grid 1'/2" schedule 40 pipe Drapery Track 70' of ADC 140 single track Drapery 1 seamless natural muslin Cyclorama, 10'6" high by 50' wide 2 black velour drapery panels, 10'6" high by 15' wide with 50% fullness Fixtures 4 Strand -Century 3342 TV 6" Fresnels 4 Strand -Century 1312 barn doors 2 Strand -Century 4313 8" Fresnels 2 Strand -Century 1313 Barn doors 4 Strand -Century 4271 14" Scoop Floodlights 1 Strand -Century 2209 6 x 9 Ellipsoidal MOBILE VAN INVENTORY 1 Sony DXC-1800 Sony Color Camera 1 Sony VCL-110Y Sony 10:1 Zoom Lens 2 Sony CCU-1800 Camera Control Units 2 Sony CMA-7 AC Adapter 2 Sony COQ-50AR 165' Camera Cable 1 Sony VO-5600 3/4" Recorder 1 Panasonic WJ5500B Production Switcher 2 Panasonic WJ225R Routing Switcher 1 Panasonic TR-932 Dual 9" B/W Monitor 1 Videotek VM8PRW 8" Color Monitor 1 Videotek RM-12A 12" Color Monitor 1 Video TSM-5A Waveform Monitor 1 Videotek Single Case for Wvfm Monitor 1 Knox K-50 Character Generator 2 Shure M-267 Mic Mixer 1 RTS ATS-410 Monitor Amp 2 ITE F-12 Tripod 2 ITE H-12 Ball Type Fluid Head 2 ITE LQRM Quick Release 2 ITE RFPI Rubber Foot Pad 2 Electrovoice EV-635A Mic 1 Electrovoice RE-15 Mic 1 Electrovoice 432A Deck Stand 2 Sennheiser HD-400 Headphones 5 Sony DR-10 Intercom Headsets 1 V.A.C. PLS-1 Party line System with Belt Clip. 1 Panasonic WV-5203 Triple 5" B/W Monsitor 1 Winsted 85-RS5 Rackslide Kit 1 Topaz 91002-12 AC Isolation Transformer 2 Realistic 40-2035 Speakers 1 Realistic 40-2031 Bracket Kit 3 Emcor Vertical Equipment Racks 2 Emcor Rack Mount Drawers 1 Custom Production Console 2 100' 3 wire Extension Cords All Installed In: 1 Ford 3/4 Ton fully customized van with Industrial type air conditioning and roof mount camera platform. PLAYBACK EOUIPMENT INVENTORY 1 Videotek RM-12RA 12" Rcvr/Mon. 8 Panasonic CT-1320 13" Mon. 2 Sony CVM-1250 12" Rcvr./Mon. 1 Sony KV-1207 12" Rcvr. 3 Sony VP-5000 3/4" Player 2 Sony VO-5600 3/4" Recorder 3 Sony VP-2260 3/4" Player 1 JVC CR-6400U Y_" Recorder (VHS) 7 Microtime T-120 Time Base Corrector 3 3M 15 x 6 Remote Control Routing Switcher 6 3M 15 x 2 Remote Control Routing Switcher 2 3M 15 x 1 Remote Control Routing Switcher 2 3M 15 x 1 Local Routing Switcher 2 VideoTek TSM-5A Waveform Monitor 1 VideoTek VSM-5 Vectorscope 2 VideoTek Duel Rack Fraame Assy. 5 Sony RM-410 Remote Control Unit 1 Monroe 3000R-14D Dual Channel VCR Controller 1 Monroe 3000R-14C Single Channel VCR Controller 7 Shure M-63 Audio Master 1 Technics SA-222 AM/FM Receiver 1 Todd Custom Audio Monitor 1 Robbins Bulk Tape Eraser 1 Scientific Atlanta 6603 Satellite Receiver 1 Scientific Atlanta 6250 Demodulator 1 Dynair TX-4A Modulator 1 Tektronix R/C 1900 Remote Contorl Unit 1 Trompeter Patch Panel Assy. 1 Wilk RP-350 Rackframe Assy. w/power supply 1 Wilk SG-300 Sync Generator 1 Wilk CG-350 Color Bar Gen. 1 Wilk BG-350 Black Burst Gen. 2 Wilk SI-350 Source Identifier 1 Wilk TG-350 Tone Gen. 2 Ryan Dual Video D.A. 1 Ryan Dual Pulse D.A. 1 Lectro 115/6A Standby Power Supply 7 Zenith ST-1082 Z-tac Convertor 7 Zenith ST-1000 Z-tac convertor 2 Vaco Compac-50 speakers 1 Equatorial 5100 Satellite Data Controller (provided by Reuters) 1 Computer Video CDD-10 Character Gen. 1 Computer Video CKB-1 Keyboard 3 Video Precision 3520 Dual Channel Character Gen. 6 Video Prevision TM-3510 Keyboard (1 in P.B., 5 in City Halls) 1 V.D.S. Microsystem I (provided by DIP) 1 Norpak IPS-2 Page Creation System 6 Hemton EPS-1 64K Character Gen. 6 Zenith RGB Encoder 1 Radio Shack CTR-80A Cassette Recorder 2 Winsted VTR Racks PLAYBACK EQUIPMENT INVENTORY Page 2 4 Winsted Vertical Equipment Racks 1 Optima Console 1 Custom CG Keyboard Table 1 Custom Wall Shelf Unit EXHIBIT 3 TO RESTATED PERFORMANCE AGREEMENT RESTATED CONTRACT FOR PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS SERVICES THIS AGREEMENT, is made and entered into this day of 1991, by and between SOUTHWEST SUBURBAN CABLE COMMISSION (hereinafter SWSCC) and KBL CABLESYSTEMS OF THE SOUTHWEST, INC. (hereinafter Grantee), a Minnesota corporation. WITNESSETH WHEREAS, Grantee pursuant to Chapter 238 of the Minnesota Statutes and pursuant to the Franchise of the Member Cities has been granted a Franchise to construct, own and operate a cable communications system in the cable service territory; and WHEREAS, residents of the cable service territory will benefit from valuable public access opportunities available through the System; and IN CONSIDERATION of the covenants, conditions, undertakings and promises contained herein the parties agree as follows: SECTION I DEFINITIONS For the purposes of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given in the glossary attached hereto as Exhibit 1. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. The words "shall" and "will" are mandatory and '°may'° is permissive. Words defined in the Franchise or the Local Programming Restructuring Ordinance shall have the same meaning herein. Words not defined shall be given their common and ordinary meaning. SECTION II PERSONNEL 2.01 Programming Manager. A. Grantee shall employ at least one (1) part-time (a minimum of ten (10) hours per week) Programming Manager who shall be responsible for the administration, promotion and implementation of Local Programming in the Franchise Area. B. The Programming Manager, or designee, shall be responsible for scheduling all Local Programming, use of mobile van and studios. The Programming Manager, or designee, in conjunction with a Playback Operator, shall endeavor to schedule programming with a view to overall program consistency to maximize audience potential by seeking to develop an overall regular program format. Playback Operators shall be responsible for the codification of Local Programming schedules. 2.02 Access Coordinators. A. In addition to the Programming Manager, Grantee shall employ at least three (3) full-time Access Coordinators. The Access Coordinators shall report to the Programming Manager. B. The specific duties and responsibilities of the Access Coordinators are: 1. Train individuals and groups in the use of equipment in accordance with plans, schedules and materials approved by SWSCC or designee; 2. Inform Users of the value and procedures for care of the equipment to insure least possible damage; 3. Maintain a written "check-out" system for the equipment, both when it is removed from the studio and upon its return; 4. Report to the Programming Manager all damage or malfunction of equipment; 5. Provide to the Programming Manager a monthly written report of access use, including a brief written statement of access projects; 6. Maintain a log of all access users and equipment and file required reports with the Programming Manager; 7. Work closely with the Programming Manager to schedule use of facilities; 8. Implement access programming pursuant to and in accordance with programming schedules developed by the Programming Manager, or his designee and the Playback Operators; 9. Maintain a log of all complaints related to access. 10. Other duties as assigned. 2.03 Educational Access Consultant. A. Grantee shall employ at least one (1) full-time educational access consultant in addition to the public access personnel described above. The educational access consultant shall report to the Programming Manager. B. The specific duties and responsibilities of the Educational Consultant are: 1. Work with Southwest Suburban Schools Cable Commission to research and develop methods for using cable television in education. 2. Provide models for school staff members in the specific use of cable television. 3. Develop and recommend educational cable television policies to school administrators in the Southwest system. 4. Work with school staff and students to elicit ideas and assist in organization and implementation of educational access programming. 5. Work with school administrators and staff to encourage a high regard for school programming. 6. Offer workshops on a regular basis for staff and students on various aspects of program production. 7. Work with Programming Manager, Playback Operations Supervisor and Access Managers to insure access programming opportunities for school staff and students. 8. Work with school staff members and Company Technical and Programming staff to develop interactive cable television projects. 9. Consult with school district personnel about equipment acquisition and set-up for individual project needs. 10. Serve as an advisor to the Educational Cable Coordinating Committee. 11. Provide the Programming Manager with a weekly and monthly report of activities. 12. Perform miscellaneous duties as assigned by the Programming Manager, including assisting with Access Coordinator duties, to the extent that such duties do not interfere with educational responsibilities. 2.04 Equipment Logs. A. The Access Coordinators shall maintain daily log forms, and, on a daily basis, be responsible that equipment logs are prepared and a record of the use of all equipment is recorded. Such equipment logs shall contain information regarding the name and address of the equipment user, the item of equipment used and the time of expected actual use; provided, however, that no piece of equipment shall be checked out for more than forty-eight (48) hours. B. The equipment logs shall be available for inspection by SWSCC upon request. 2.05 Other Personnel. Grantee shall employ such other personnel as may be necessary to meet the duties and obligations imposed hereunder upon Grantee as may be consistent with the budget then in effect. 2.06 Production of Local Origination Programming. Personnel designated in this Section may, at Grantee's direction, be involved in the production of Local Origination Programming; provided that such involvement in Local Origination Programming by the personnel shall not excuse Grantee from meeting its Access obligations as set forth herein. SECTION III ADMINISTRATION 3.01 Access Promotion. A. The promoting of public access opportunities in the Franchise Area shall be the sole responsibility of Grantee and shall be addressed in the annual Local Programming Plan submitted pursuant to Section 7.04 of the Restated Performance Agreement. B. Notwithstanding anything to the contrary, such promotions to the extent allowable under the budget then in effect, shall include, but not be limited to, the following: 1. Development of special meetings for community groups at which access opportunities will be discussed and access experiences from other communities shared. 2. Speakers provided to community organizations to explore access opportunities. 3. Development of displays at public places explaining access principles and equipment. 4. Distribution of literature to subscribers informing them of ongoing access activity and encouraging their participation. 5. Development of workshops focused on production techniques and communication principles. 6. Promotion through cable and conventional media, including playback of special explanatory programs on access and theme channels. 7. Listings in community newspapers. 8. Special brochures for schools, libraries and community centers with weekly listings and descriptive material. 9. "Creative Marketing" initiatives for special programs, with targeted messages to involved groups, areas, institutions. 3.02 Training. A. Grantee shall seek the advice of SWSCC concerning training classes to be offered by Grantee. Training classes, for the purposes of this Agreement shall include, but not be limited to, basic television production, location production, post -production, on -camera lessons, or any other training intended by Grantee to assist in access opportunities. B. SWSCC may advise Grantee concerning the curriculum, fees, course material, class locations and class size. C. The classes described in paragraph A above shall, at a minimum, be offered on a quarterly basis or at such other intervals as the parties may agree upon. SECTION IV TERM, EFFECTIVE DATE AND TERMINATION 4.01 Term. This Agreement shall be coterminous with the Restated Performance Agreement. It shall terminate on the expiration or termination of the Restated Performance Agreement. 4.02 Effective Date. This Agreement shall become effective as of August 1, 1992; provided that all terms and conditions set forth in Section 9 ("Effective Date") of the Local Programming Restructuring Ordinance have been satisfied. SECTION V MISCELLANEOUS PROVISIONS 5.01 Binding on Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns. 5.02 Force Maieure. If by reason of force majeure, any party to this Agreement is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in violation or default during the continuance of such inability. The term "force majeure" as used in this Agreement shall mean the following: strikes, acts of God, orders of the federal or state governments, or any of their departments or agencies, lightning, fires, storms, floods, civil disturbances, explosions, partial or entire failure of utilities, or any other cause or event not reasonably within the control of that party. 5.03 Severability. A. If any law, ordinance or regulation shall require or permit any party to this Agreement to perform any service or shall prohibit any party from performing any service which may be in conflict with the terms of this Agreement, then as soon as possible following knowledge thereof, said party shall give notice to the other party of the point of conflict believed to exist between such law, ordinance or regulation. B. If any Section, sentence, paragraph, term or provision of this Agreement is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, sentence, paragraph, term or provision hereof. C. In the event such decision, law, rule or regulation is subsequently reversed, repealed, rescinded, amended or otherwise changed, so that the Section, sentence, paragraph, term or provision hereof which had been invalid or modified is no longer in conflict with the decisions, law, rules and regulations then in effect, said Section, sentence, paragraph, term or provision shall thereupon return to full force and effect and shall thereafter be binding on all parties, provided that the party relying on the Section, sentence, paragraph, term or provision shall give the other party or parties thirty (30) days written notice of such change before requiring compliance with said provision. 5.04 Liquidated Damages. Upon the breach of any term, condition, or provision of this Agreement by Grantee, Grantee shall pay to SWSCC a sum of up to and including, Two Hundred Dollars ($200.00) per day, as determined by SWSCC, for each and every day of the breach as a liquidated damage pursuant to the Default Proceedings set forth in Section 5.05 of this Agreement. In assessing liquidated damages, SWSCC shall seek to ascertain the actual damages incurred by SWSCC and it is not the intent of this Section to be punitive. The parties agree that the services to be performed under this Agreement are in the public interest and will further the development of the System within the Franchise Area and that continuation of the relationship established by this Agreement is mutually beneficial. Consequently, the parties acknowledge that damages due to a breach of this Agreement are difficult to determine and that the liquidated damage set forth above is fair and reasonable and will not be contested. 5.05 Default Proceedings. In the event Grantee has breached any of its obligations hereunder, SWSCC shall give written notice of the default to Grantee and SWSCC's intention to terminate this Agreement or impose liquidated damages, whichever SWSCC deems appropriate. A. Grantee shall have thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure the same, and Grantee fails to commence to cure the same within said 30 day period and thereafter fails to use reasonable diligence, in SWSCC's sole opinion, to cure such default as soon as possible) within which to cure such default. In the event Grantee fails to cure such default, as described above, SWSCC may terminate this Agreement or impose liquidated damages, whichever the case may be. B. Grantee may, within ten (10) days of notice, notify SWSCC that there is a dispute as to whether a default has, in fact, occurred. Such notice by Grantee to SWSCC shall specify with particularity the matters disputed by Grantee. Such notice shall stay the running of the above described thirty (30) day period. C. SWSCC shall hear Grantee's dispute at the next regularly scheduled SWSCC meeting and shall make a determination at that meeting as to whether Grantee's actions constitute a default hereunder. SWSCC shall supplement its decision with written findings of fact. D. If after hearing the dispute SWSCC finds that there is a default, Grantee shall have twenty (20) days from such a determination to cure the default. At any time after that twenty (20) day period, SWSCC may terminate this Agreement or impose liquidated damages, whichever the case may be. E. In addition to any other remedy provided to SWSCC under this Agreement or at law or equity, SWSCC may, at its discretion, take a credit on any future payments to Grantee in the event SWSCC finds Grantee to be in default in accordance with the procedures described in this paragraph 5.08. The credit shall be in a prorated daily basis. 5.06 Captions. The Captions to Sections throughout this Agreement are intended solely to facilitate reading and reference to the Sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 5.07 Interpretation. This Agreement has been arrived at by negotiation and shall not be construed against any party. In the event of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Agreement or Relief Ordinance, the SWSCC, in its sole discretion, shall resolve such dispute or question, provided however that, to the extent the terms of this Agreement or the Relief Ordinances as amended by the Local Programming Restructuring Ordinance are in conflict with the Franchise or the Offering, the terms of this Agreement or the Relief Ordinances as amended shall be governing. 5.08 Governing Law. This Agreement shall be interpreted in accordance with Minnesota law. 5.09 Other Law. This Agreement shall be subject to all applicable federal, state and local law. 5.10 Notices. Any notice required to be given or served upon any party in connection with this Agreement shall be in writing and shall be deemed to have been given and received, (1) three business days after a registered or certified letter containing the notice, properly addressed, with postage prepaid, is deposited in the United States mail; or (2) if made in any other manner, upon actual delivery to and receipt by the party to whom it is addressed. Notice shall be given to the parties at the following addresses: SWSCC Adrian E. Herbst Southwest Suburban Cable Commission c/o Moss & Barnett 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 Grantee KBL Cablesystems of the Southwest, Inc. 801 Plymouth Avenue North Minneapolis, MN 55411 5.11 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and no oral modifications or additions hereto shall be binding. No verbal or written statements of the parties shall be considered a modification of this Agreement except by a written document signed by all parties expressly stating that it is modifying the Agreement and setting forth the new condition or provision of the Agreement. 5.12 No Joint Venture. Nothing in this Agreement shall create a joint venture or principal -agent relationship between the parties and no party is authorized to (and no party shall) act toward third parties or the public in any manner which would indicate any such relationship with the other. 5.13 Nonenforcement. The failure of any party to strictly enforce any provisions of this Agreement shall not be construed as a waiver or as excusing that party from future performance. 5.14 Attorneys Fees. If it is necessary for SWSCC to retain the services of an attorney of law to enforce any of the terms, covenants or provisions hereof or to collect any sums due hereunder, Grantee shall pay to the other party the actual cost of such services. 5.15 Indemnification and Insurance. The provisions of Article VIII of the Franchise pertaining to indemnification and insurance are applicable to this Agreement and the performance of this Agreement by SWSCC and its officers, officials, representatives, employees and agents and said Article VIII of Franchise is hereby incorporated in this Agreement and made part of it. 5.16 Assignments. This Agreement shall not be assigned or performance of the duties hereunder delegated without the express written consent of the parties. This Agreement is accepted, and we agree to be bound by all its terms and conditions. DATED: SOUTHWEST SUBURBAN CABLE COMMISSION By Its: By STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Its: The foregoing instrument was subscribed and sworn to before me this day of , 1991, by the of SOUTHWEST SUBURBAN CABLE COMMISSION, a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: DATED: KBL CABLESYSTEMS OF THE SOUTHWEST, INC. a Minnesota Corporation Its: STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 1991, by the of KBL CABLESYSTEMS OF THE SOUTHWEST, INC., a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: 1099DAJ EXHIBIT 1 GLOSSARY For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Access or Community Access shall mean the right or privilege of the general public, local educational authorities, and local government to use designated facilities, equipment or channels of the Grantee. Channels shall be made available pursuant to Section IV of the Restated Contract for Local Programming Facilities. 2. Basic Service means all subscriber services provided by Grantee, including the delivery of broadcast signals, covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made. 3. Cablecast shall mean programming in a video, audio or data format transmitted through the cable communications system to users and subscribers. 4. Channel or Television Channel shall mean a six megahertz (6 MHz) frequency band, including adjacent vertical blanking interval, which is capable of carrying one standard video signal, a number of audio, digital or other non -video signals, or some combination of such signals. 5. City means the City of Eden Prairie, Edina, Hopkins, Minnetonka or Richfield, a municipal corporation in the State of Minnesota which has granted the Franchise. 6. Class IV Channel means a signaling path provided by a System to transmit signals of any type from a subscriber terminal to another point in System. 7. Connection means the attachment of the drop to the first radio or television set of the subscriber. 8. Converter means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector, also permits a subscriber to view all basic subscriber signals, including the basic service delivered at designated converter dial locations. 9. Council means the governing body of City. 10. Drop shall mean the cable that connects the subscriber terminal to the nearest feeder cable of the cable. 11. FCC shall mean the Federal Communications Commission and any legally appointed, designated or elected agent or successor. 12. Franchise shall mean the Cable Communications Ordinance, as now or hereafter amended, of Member Cities. 13. Franchise Area shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota, together with any future annexations or lawful expansions. 14. Grantee shall mean KBL Cablesystems of the Southwest, Inc. a Minnesota corporation. 15. Gross Revenues shall mean all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent, and any person in which Grantee has a financial interest of five percent (5%) or more from or in connection with the operation of the System, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues. The term does not include any taxes on services furnished by Grantee and imposed directly upon any subscriber or user by the State, City or other governmental unit and collected by Grantee on behalf of said governmental unit. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. 16. Installation means the connection of the System from feeder cable to the point of connection. 17. Local Programming shall mean access, community access, and/or local origination programming. 18. Local Programming Obligations means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. 19. Local Origination Programming shall mean programming produced under the control of the Grantee which is of interest to those living on the Franchise Area. 20. Lockout Device is an optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain channel or channels provided by way of cable communications system. -2- 21. Member Cities shall mean the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. 22. News Show means that show produced by Grantee pursuant to an Agreement with SWSCC dated January 23, 1991. 23. Offering of Grantee or Offering shall mean that certain document dated December 5, 1980, entitled "Offering of Grantee" and signed by Grantee and City, which document is on file with the City Clerk. 24. Playback Operator shall mean that employee of Grantee whose responsibilities shall include, but not be limited to, the codification and implementation of all access schedules. 25. Programming shall mean any video, audio, text or data signal carried over the system. 26. Public Building is any building owned or operated by the United States government or any subdivision thereof, or the State of Minnesota or any subdivision thereof, or the City or any other governmental subdivision, or school district or educational institutions. (Article I, Section 2, Paragraph V, amended effective 09/83.) 27. Public Property is any real property owned by City other than a street. 28. Relief Ordinances means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. 29. Restated Performance Agreement means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for franchise compliance in other areas. 30. Restructured Local Programming Obligations means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. 31. Scrambler/Descrambler refers respectively to the equipment installed to the cable communications system's headend equipment and subscriber terminal used to isolate pay cable and other ancillary service channels from basic service which is accomplished by electronically distorting the signal prior to its transmission through the cable communications system and reconstituting the signal at each authorized location for subsequent display. 32. $idewalk is the portion of a street delineated for pedestrian travel. 33. Street shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 34. SWSCC shall mean the Southwest Suburban Cable Commission. 35. Subscriber means any person or entity who subscribes to a service provided by Grantee by means of or in connection with the System regardless of whether a fee is paid for such service. 36. Subscriber Network shall mean a single trunk 440 MHz cable activated with 54 downstream channels and 4 return or upstream channels, as it may be upgraded from time to time. 37. System means a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in City. Said definition shall not include any system wholly internal to one or more multiple unit dwellings under common ownership, control or management, and does not use City streets or other public property. In any event, system as defined herein shall not be inconsistent with any definition as set out in state law. 38. User or Local Programming User shall mean any person who utilizes the System studio or facilities, whether for a charge or without charge. 1099DAJ EXHIBIT 4 TO RESTATED PERFORMANCE AGREEMENZ Acceptance of Ordinance No. Repealing CATV Relief Ordinance No. 1985-13 and CATV Relief Ordinance Amendment No. 1988-22 and Creating Restructured Local Programming Obligations WHEREAS, pursuant to the Acceptance of a Franchise for a Cable Television System dated , for the City of Richfield (the "Acceptance"), KBL Cablesystems of the Southwest, Inc. (hereinafter referred to as the "Grantee," including those instances where it is acting as the successor in interest to the rights and obligations of the original franchisee), the current franchisee under the City's Cable Communications Franchise ordinance, as amended (the "Franchise"), agreed to be bound by the Franchise, the Offering (as defined in the Franchise), as amended and Ordinance No. of the City (the "Local Programming Restructuring Ordinance"), and to timely and fully perform and fulfill the terms, provisions, and conditions of the Franchise, the Offering, and the Local Programming Restructuring Ordinance, and the Restated Performance Agreement between the City and Grantee dated , including the contracts attached thereto as Exhibit 2 and 3 (together called the "Restated Performance Agreement"), as amended, and to be bound by the Franchise for the System through December 31, 1999; and WHEREAS, by Ordinance No. dated (the "Local Programming Restructuring Ordinance"), the governing body of the city repealed the CATV Relief Ordinance and CATV Relief Ordinance Amendment replacing certain obligations set forth in these Ordinances while modifying and extending other obligations; and WHEREAS, the Local Programming Restructuring Ordinance requires, among other requirements, that it be accepted in writing by Grantee in form and substance acceptable to the City, and that the Grantee comply with the provisions of Article XIV of the Franchise; and WHEREAS, the City and Grantee have agreed on the form and substance of this Acceptance. NOW, THEREFORE, pursuant to the terms and requirements of the Local Programming Restructuring Ordinance, and in consideration of the adoption of the Local Programming Restructuring Ordinance, Grantee hereby accepts the Local Programming Restructuring Ordinance, together with the Restated Performance Agreement, upon the following terms and makes the following representations and warranties to the City. 1. Grantee agrees to be bound by the Local Programming Restructuring Ordinance, to the extent the Local Programming Restructuring Ordinance is not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984, and to timely and fully perform and fulfill the lawful terms, provisions, and conditions of the Local Programming Restructuring Ordinance. 2. Grantee agrees to provide, and warrants and represents that it is able to provide, all lawful services and offerings set forth in the Local Programming Restructuring Ordinance. 3. The reservation of lawful rights contained in paragraphs numbers 1, 2 and 5 hereof shall not modify, enlarge or diminish any lawful rights held by or that would have been held by Grantee, nor shall it modify, enlarge or diminish any lawful rights held by or that would have been held by the City, had this Acceptance and the transactions contemplated by it never taken place. Subject to the specific reservation of rights stated in this paragraph, Grantee states that it does not intend to challenge the legality of the franchise fee and access support contained in the Local Programming Restructuring Ordinance, at least until there is established a sufficient body of applicable law with respect to the lawfulness of franchise fee and access support requirements in cable television franchise agreements. 4. Grantee further agrees to hold the City and its officers, agents, employees and representatives harmless from and to indemnify against any and all loss, cost, damage and expense, including, without limitation, attorneys' fees, now or hereafter incurred by it, and its respective officers, agents, employees or representatives, and arising out of or due to, or claimed to arise out of or be due to, the grant of the Local Programming Restructuring Ordinance or the process followed by City in enacting the Local Programming Restructuring Ordinance. 5. Grantee agrees that all lawful provisions of the agreements, representations and warranties set forth herein, or in the Local Programming Restructuring Ordinance, shall be binding upon it and its successors and assigns, and shall inure to the benefit of the City and its successors and assigns. 6. This Acceptance shall be effective upon the satisfaction of the requirements of Section 9 of the Local Programming Restructuring Ordinance. -2- IN WITNESS WHEREOF, Grantee has caused this Acceptance to be duly executed and delivered this day of , 1991. KBL CABLESYSTEMS OF THE SOUTHWEST, INC., a Minnesota corporation By Its: STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 1991, by , the of KBL CABLESYSTEMS OF THE SOUTHWEST, INC., a Minnesota corporation, on behalf of said corporation. Notary Public My commission expires: 1210DAJ Parties: CONSENT AGREEMENT AND GUARANTY OF PERFORMANCE City of Edina, a Minnesota municipal corporation (the "City") KBL Cable, Inc., a Texas corporation ("KBLC") KBLCOM Incorporated, a Texas corporation ("KBLCOM") Effective Date: , 1991 Recitals: 1. Pursuant to the City's cable communications ordinance, the City granted a cable television franchise (the ordinance and the grant of the franchise are referred to collectively as the "Franchise") to Rogers Cablesystems of Minnesota Limited Partnership, a Minnesota limited partnership in which Rogers Cablesystems of the Southwest, Inc. ("RCTSI") was the general partner. Pursuant to Amending Ordinance No. , the City approved the transfer of the Franchise to RCTSI, subject to the dissolution of Rogers Cablesystems of Minnesota Limited Partnership. The partnership has subsequently been dissolved and the franchise holder, RCTSI, has been renamed KBL Cablesystems of the Southwest, Inc. ("KCTSI"). 2. KCTSI is a wholly -owned subsidiary of KBL U.S. Cablesystems, Inc. (formerly known as Rogers U.S. Cablesystems, Inc. and hereinafter "KUSCI"), which is a wholly -owned subsidiary of KBL Cablesystems of America, Inc. (formerly known as Rogers Cablesystems of America, Inc. and hereinafter "KCA"), which in turn is a wholly -owned subsidiary of KBL Cable, Inc. ("KBLC"). KBL Cable, Inc. is a wholly -owned subsidiary of KBLCOM Incorporated ("KBLCOM"), which in turn is indirectly wholly -owned by Houston Industries, Inc. 3. KCTSI and City have agreed to certain modifications to the way in which Local Programming is to be funded and regulated. These terms are set forth in the Local Programming Restructuring Ordinance, Ordinance No. , and the Restated Performance Agreement dated , 1991. The Local Programming Restructuring Ordinance, Restated Performance Agreement and documents entered into in furtherance thereof (collectively, "Documents") supersede the CATV Relief Ordinance, Ordinance No. 1121 and CATV Relief Ordinance Amendment, Ordinance No. 1121-Al which have been repealed and set forth Grantee's ongoing obligations for Local Programming. 4. KCTSI and KBLC desire to obtain the City's consent and approval of the restructured local programming obligations under the Local Programming Restructuring Ordinance and, in consideration therefore and to the extent not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984, KBLC is willing to guarantee, unconditionally, all of the lawful obligations and commitments of KCTSI and its parent companies under the Franchise and other ordinances and agreements between the City and KCTSI and its parent companies. 5. In consideration of the City's consent to and approval of the changes in KCTSI's local programming obligations to be effectuated through the Local Programming Restructuring Ordinance, KBLCOM is willing to guarantee the performance of KBLC's lawful obligations and duties under this Agreement. Agreements: The parties hereto agree as follows: A. Except as specified in this paragraph A, KBLC hereby unconditionally and absolutely guarantees to the City the full, prompt and complete performance of all lawful obligations, duties, and agreements of KCTSI, KUSCI, and KCA, respectively, to the extent not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984, under Acceptance of Ordinance No. Repealing CATV Relief Ordinance No. 1121 and CATV Relief Ordinance Amendment No. 1121-Al and creating Restructured Local Programming Obligations (the "Acceptance"), all of the ordinances, amending ordinances, agreements, and exhibits referred to and incorporated therein, as the same from time to time may have been amended (collectively referred to herein as the "Guaranteed Documents"). B. KBLCOM hereby unconditionally guarantees to the City the full, prompt and complete performance of all of KBLC's (and of any successor or assign of KBLC) lawful obligations under this Agreement to the extent not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984. C. The obligations of KBLC and the guaranty of KBLCOM hereunder shall be absolute, complete, continuing, and irrevocable, and KBLC and KBLCOM shall not be released of their respective obligations and guaranty hereunder so long as any claim of the City against KCTSI arising out of the Franchise, the Guaranteed Documents, or otherwise is not settled or discharged in full. KBLC (or, in the event KBLC defaults on the terms of its obligations, KBLCOM) will pay to the City all reasonable expenses, costs, and attorneys' fees incurred by the City in protecting or enforcing the City's lawful rights under this Agreement or any of the Guaranteed Documents, whether suit be brought or not. D. In the event either KBLC or KBLCOM chooses, or is required, to perform in Minnesota KCTSI's obligations under this Agreement, KBLC or KBLCOM, as the case may be, shall obtain all authorizations, licenses, permits and regulatory approval necessary to do business in Minnesota and to perform KCTSI's obligations under the Franchise. E. In the event KCTSI defaults in the performance of any of its lawful obligations under the Franchise or the Guaranteed Documents, the City shall give written notice of the default to KCTSI pursuant to the terms of Article IX of the Franchise and shall concurrently give the same notice to KBLC and KBLCOM. In the event of such default, and in the event of KBLCOM's failure to perform its obligations under its guaranty, the City, at its option, may elect to invoke some or all of the provisions of Article IX of the Franchise. The City shall have the right to enforce against KBLC any obligations, agreements, warranties, representations, penalties or performances under this Agreement or the Guaranteed Documents without the requirement that the City follow any different or additional procedures as to KBLC than the City would follow as to KCTSI. KBLCOM agrees that in the event KBLC does not cause KCTSI to cure any default under this Agreement or the Guaranteed Documents within thirty (30) days of receiving notice of the default from the City, the City may, at its election, require KBLCOM to cause to be performed KCTSI's obligations. KBLCOM agrees that in the event KBLC does not cure any such default within said thirty (30) days, the City, at its election, may require KBLCOM to cause to be performed KCTSI's obligations, at which time the City shall have the same rights and remedies against KBLCOM under this paragraph E as it has against KBLC in the event of any default by KCTSI. F. No right or power of the City hereunder shall be deemed to have been waived by any act or conduct on the part of the City, or by any neglect to exercise such right or power, or by any delay in so doing; and every right or power of the City shall continue in full force and effect until specifically waived or released by an instrument in writing executed by the City. Unless specifically waived or released by the City in writing, the respective obligations and guarantees of KBLC and KBLCOM under this Agreement and under the Guaranteed Documents shall remain unchanged in the event the City either obtains additional guarantees, security, or agreements securing KCTSI's performance hereunder, or releases or waives such guarantees, security or agreements. G. Provided KCTSI is a party to any such amendments, renewals, or extensions, KBLC (and KBLCOM with respect to its guaranty of KBLC's obligations) hereby consents to the Guaranteed Documents being amended, renewed, or extended in writing, with or without notice to KBLC and KBLCOM, and KBLC (and KBLCOM, with respect to its guaranty of KBLC's obligations) agrees that it will remain the unconditional guarantor of KCTSI's obligations under the Guaranteed Documents as so amended, renewed, or extended. H. Each of KBLC and KBLCOM warrants and represents to the City as follows: 1. That it is lawfully incorporated under the laws of Texas and is in good standing in Texas. 2. That it has full right and authority to enter into this Consent Agreement and Guaranty of Performance, and in the event of KCTSI's default on any of its lawful obligations to the City in connection with the Franchise, to cause to be performed KCTSI's obligations. 3. That it has taken all corporate action required to authorize the execution and delivery of this Agreement. I. At such time as KBLC and KBLCOM execute this Agreement, each of them shall deliver to the City a certified copy of its Articles of Incorporation and an opinion from its legal counsel stating that it has duly entered into this Agreement with full and proper corporate authority and that, to the extent not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984, this Agreement is enforceable against KBLC and KBLCOM, as the case may be, in accordance with its terms, subject to (i) any applicable bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally, and (ii) general principles of equity (regardless of whether such enforceability is considered a proceeding in equity or law). Such legal opinion shall be in a form and substance acceptable to the City. J. KBLC shall, at the time it executes this Agreement, fully comply with the terms and conditions of Article XIV, Section 2, of the Franchise. To the extent not inconsistent with state and federal law, including the Cable Communications Policy Act of 1984, KBLC shall cause KCTSI to comply with all of the insurance, letter of credit, and bonding requirements of Article VIII of the Franchise. K. KBLC agrees to indemnify and to hold the SWSCC and the City harmless from (i) any liability or responsibility with respect to KCTSI's obligations as set forth in the Documents, and (ii) all reasonable costs, expenses and professional fees of any nature that arise from third -party claims directly resulting from the City's consent to and approval of the Guaranteed Documents. L. This Agreement shall be governed, interpreted and enforced according to the laws of the State of Minnesota and relevant federal law. In connection with all matters arising out of this Agreement, KBLC and KBLCOM hereby submit to the jurisdiction of the state and federal courts of Minnesota, exclusively. M. This Agreement shall remain in force as long as KCTSI or any subsidiary of KBLC operates or controls the Franchise. N. Any right or remedy granted to the City under this Agreement or the Guaranteed Documents which shall be found to be unenforceable for any reason shall be severable and all remaining rights and remedies shall continue to be valid and enforceable. All rights and remedies of the City shall be separate and cumulative, and the exercise of one shall not limit or prejudice the exercise of any other remedy at the same or at a later time. 0. This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective successors and assigns. Any change or amendment to this Agreement shall be valid only if made in a writing duly executed by each of the parties hereto. P. All notices or demands required or permitted to be given in writing under this Agreement shall be deemed to be given when delivered personally to any officer of KBLC or KBLCOM, as the case may be, or the City's Administrator of the Franchise, or forty-eight (48) hours after such notice or demand is deposited in the United States Mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to the City: If to KBLC: If to KBLCOM: City of Edina 4801 West 50th Street Edina, MN 55424 KBL Cable, Inc. 800 Gessner Suite 700 Houston, TX 77024-4270 KBLCOM Incorporated 800 Gessner Suite 700 Houston, TX 77024-4270 An address may be changed by a party upon notice to each of the other parties given as provided in this paragraph. CITY OF EDINA By Its Mayor By Its Manager KBL CABLE, INC. By Its KBLCOM INCORPORATED By Its STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 by the Mayor of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 , by the City Manager of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 by the of KBL CABLE, INC., a Texas corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was subscribed and sworn to before me this day of , 19 by the of KBLCOM INCORPORATED, a Texas corporation, on behalf of said corporation. Notary Public 1218DAJ SWSCC MEMO RAnDMM 7/24/91 RELIEF EXTENSIQN REQUEST The following is the summary of an agreement that has been reached between representatives of Paragon Cable and the Southwest Suburban Cable Commission ("SWSCC") at its meeting of July 24, 1991. Paragon Cable has requested that the Relief Agreement remain in effect until the end of the Franchise term, which is December 31, 1999 (the current termination date for the Relief Agreement is March 1, 1992). The SWSCC recommends acceptance of the relief extension request, with certain modifications (summarized below) as mutually agreed to by the parties. 1. Franchise Fee. The full 5% Franchise fee would be paid to the Cities beginning August 1, 1992. According to calculations made by Paragon Cable, the additional 1% Franchise fee that would then be received by the Member Cities from August 1, 1992 through December 31, 1999 would amount 'to approximately two million dollars. 2. Local Programming Overview. The current formula for local programming funding, that is the 1% match between the Cities and the cable company, would remain in effect until July 31, 1992. The following funding and services would take effect August 1, 1992: a. Local Origination Programming. This is currently funded by the Member Cities in the amount of $115,000 per year for the "Southwest Community News" show. This obligation -be assum-by---by aragon Cable upon expiration of the current contract between Paragon Cable and the Commission. The current date of termination of the contract_ is s November IT,' 1991. Therefore, Paragon Cable will start production of the news show after that date and continue to provide production through November 17, 1993. Thereafter Paragon Cable will spend a minimum of $100,000 from the local programming budget annually on local origination projects. Paragon Cable acknowledges that its spending (in at least 1992 and 1993) may exceed the figures proposed due to the costs associated with production of the news show. b. Local Programming Funding. The Operating Committee intended that the annual budget would approximate the current level ($115,000 for the -2- news show and $260,000 for public access). The negotiations resulted in a funding formula that established a base of $347,000 in 1992 which will escalate at an annual rate of 5�- thereafter. These funds will support both loca. origination and public access. c. Local Proarammina Expenses -- Franchise Fee Calculation. The annual budget for local programming will be deducted from gross revenues prior to calculation of the franchise fee when proposed changes become effective. In other words, the $347,000 amount will not be included as part of the revenue of Paragon Cable against which the 5% Franchise fee is calculated. d. Other Local Proarammina_ Obliaations. Paragon Cable will continue to meet the service levels described in the Performance Agreement and Service And Facilities contracts. However, as subscribers (and this funding) increase, it is anticipated that the playback hours will be expanded and additional staff hired as necessary. Paragon Cable will notify the Commission of all plans for service enhancements. e. Local Proarammina Reports. Because Paragon Cable and the Commission and Member Cities will no longer be, in effect, partners in the development of local programming due to the match no longer existing, Paragon Cable will not submit its annual budget to the SWSCC for approval. However, Paragon Cable will certify its local programming expenditures and will provide an overview of local programming services and enhancements in its annual report to the SWSCC. Also, pursuant to the CATV Relief Agreement, Paragon Cable will also provide a preview of the upcoming year's activity in its annual business plan. f. Continued Cooperation. It is intended that coordination and cooperation in the production of local programming will continue between the Cities and Paragon Cable. First, Paragon Cable proposes to continue production of the "Southwest Community News" show for a period of at least two (2) years from November 17, 1991 to the end of 1993. Thereafter, Paragon Cable proposes to allocate at least $100,000 annually to local origination (from the local programming budget) and to discuss program ideas and requests with the Commission. It may well be that both parties will agree to continue the -3- news show through 1999. It may also be determined that another format or type of weekly show would better serve the Cities. Second, Paragon Cable believes that its local programming staff has made every effort to be responsive to the Cities' requests for programming. Most programming is developed individually with the Cities and it is recommended that this cooperative effort continue. Lastly, local programming has functioned as a hybrid of public access and local origination. This is necessary to assure production of community events, to assist producers in completing projects, to respond to the myriad of public requests and to maximize the benefit of volunteer activity. Paragon Cable proposes to continue this flexible, needs -based approach to the delivery of local programming services. Bill Itemization. Paragon Cable will agree to refrain from separately itemizing local programming charges on customer bills through July 31, 1994. Thereafter, Paragon Cable will reserve its right to do so. However, in the event Paragon Cable decides to itemize such local programming charges on customer bills after July 31, 1994, the company will provide a sixty day notice to the SWSCC and allow the Commission time to comment. Further, the SWSCC and Member Cities retain the right to legally challenge or object to Paragon Cable's itemization. h. $tlpulation for Renewal Purooses. Paragon Cable will agree to enter into a stipulation indicating that, for purposes of Franchise renewal, the levels of support for local programming contained in the Agreement extending the CATV Relief Agreement should be treated as if they were contained in the original Franchise proposal. 3. Termination of Agreement. It will be understood between Paragon Cable and the Member Cities, that although the Relief Agreement is extended through December 31, 1999, this new Agreement will terminate upon the sale or transfer of the cable system. 4. Reporting Requirements. The reporting requirements included in the CATV Relief Agreement will be reviewed and revised, as necessary, to assure that -4- meaningful reports are prepared for purposes of the SWSCC's ongoing administration of the Franchise and in preparation for Franchise renewal. In conclusion, the above summary outlines an agreement i principle that was recently approved by the SWSCC. The review of the request for extension of relief has been a highly complex matter. We believe that what is presented in this memorandum provides a simple straight forward approach in resolving any issues or concerns and allows both the Commission and Paragon Cable to achieve their goals. The Commission will continue to keep the Member Cities apprised of the process leading to ordinance amendments in ongoing updates as necessary and appropriate. 548Z124 FREQUENTLY ASKED QUESTIONS REGARDING THE 1991 CATV RELIEF EXTENSION The following are frequently asked questions regarding the 1991 CATV relief extension and answers to these questions: 1. As part of the Relief Extension, can we require that the cable operator provide particular programming to subscribers, such as the Midwest Sports Channel? Response: No. The Federal Cable Act prohibits the franchising authority from requiring that the cable operator designate channel capacity for any particular use, except in the case of public, educational or governmental use. 2. Can we require that the cable operator freeze its rate increases for some period of time, in connection with the Relief Extension? Response: No. The Federal Cable Act prohibits the franchising authority from regulating the rates charged by the cable operator for services, except in certain circumstances which do not apply here. 3. Can the SWSCC and its member cities benefit from the cost savings and ultimate economic return to the cable operator afforded by Relief Extension, by requiring that the cable operator pay a portion of its profit in the event of a sale of its system? Response: It is possible that an agreement with the cable operator to share in system equity could be challenged as a franchise fee, in excess of the 5% limit set under the Federal Cable Act. There have been no court decisions on this issue. Similarly, an agreement requiring a rebate to subscribers, in the event of a profitable sale of the system or on renewal, could also be seen as a franchise fee payment. Given the lack of clarity in this area, it is advisable for the Commission to pursue benefits in other areas, such as local origination programming and outright payment of the full 5% franchise fee. A. fel My REQUEST FOR PURCHASE TO: Mayor Fred Richards and Council Members FROM: Bob Kojetin,Director Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: October 28, 1991 AGENDA ITEM VI . A. ITEM DESCRIPTION: 1992 Park and Recreation Activities Calendar Company Amount of Quote or Bid 1. SEXTON PRINTING 2. METRO PRINTING 3. NORTHWEST PRINTING 4. COLORPROOF PRINTING 5. RECOMMENDED QUOTE OR BID: SEXTON PRINTING $9,299.00 GENERAL INFORMATION: 1. $9,299.00 2. $9,450.00 3• $11,125.00 4• $17,316.00 5. Park & Recreation Activities Calendar for 1992 The Recommended bid is within budget not within fidget Department Wallin, Ffiance Director Kenneth Rosland, City Manager REPORT/REOOMMENDATJON To: MAYOR AND COUNCIL From: KEN ROSLAND, MANAGER Date: NOVEMBER 1, 1991 Subject. AMM LEGISLATIVE POLICIES Agenda Item # Consent Information Only Mgr . Recommends VII.A To HRA To Council Action i I Motion Resolution Ordinance Discussion Recommendation: Info/Background: The following AMM policies have been changed or slightly modified since 1990. They are basically the stand, I believe, of this City Council. The rest of the AMM policies remain unchanged and also generally reflect the position of this Council. Staff has also reviewed these and concur with the policies. (See attachment.) Policy I-C Local Government Aid (LGA) 1991 AMM policy supports development of LGA distribution criteria that takes into account the following factors: 1) Burdens caused by rapid population growth; 2) Needs based on changing demographics such as aging population, housing stock, and infrastructure; 3) Recognition of wealth or tax capacity; 4) Basic needed services which should be supported and appropriate support level; 5) Property tax burden relative to individual wealth. In addition, the AMM proposes that each city receive a portion of the Local Government Trust Fund which is made up of 1-1/2-cents in sales tax revenue plus 1/2-cent in county - enacted sales tax revenue. Prior policies have not been this specific. Policy I-F Sales Tax Dedication Guarantee 1991 policy supports irrevocable dedication of the 2-cent sales and motor vehicle excise tax to the Local Government Trust Fund. Constitutional amendment is encouraged if a statutory guarantee is unfeasible. This policy is new because the trust fund did not exist last year. Policy III-B-3 Tax Increment Financing 1991 policy would remove the Economic Development district type in exchange for the elimination of LGA and HACA penalties and the 5-year limitation, and restoration of the pooling provisions to pre-1990 restrictions. More timely district classifications would be created. Policy would not effect any existing districts. Policy III-C Land Use Planning Past AMM policy opposed any changes as envisioned by the uniform land planning act. 1991 policy supports a proposal created by an AMM taskforce that would preserve the city council's final authority in land use matters while meeting the desires of outstate townships and counties for more uniform planning practices. Policy IV -I Water Supply in Metropolitan Area AMM policy supports Metropolitan Council acting in a review and comment capacity only. Cities should be left to handle water supply problems. Cities would add water supply provisions to comprehensive plans. Policy V-D Transportation (Highway and Transit) Funding Alternatives AMM policy supports gas tax increases and a dedicated motor vehicle excise tax for transit funding for expansion and highway construction -related activity Previous AMM policies have been general. 1991 policy is specific as to funding and use. Policy V-O Airport Policy Again, the 1991 policy is more specific than past policies. 1991 policy recommends continuation of the dual -track approach to airport siting and further encourages that impact on both existing and new sites be thoroughly analyzed for direct and indirect (e.g., social) costs in immediate and surrounding areas. Fiscal Disparities With respect to fiscal disparities, the AMM continues to have no policy either for or against the continuation of fiscal disparities. However, AMM policy opposes the use of any general tax, such as fiscal disparities, to support any specialized service, such as transportation, feeling that so diverting revenue from general local government use would lead to property tax increases. REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: MARCELLA DAEHN, CLERK Date: OCTOBER 31, 19901 Subject: 1992 COUNCIL MEETING DATES Agenda Item # VI I . C . Consent x Information Only j II Mgr . Recommends f To HRA To Council Action ,X Motion Resolution Ordinance Discussion Recommendation: Approval of the Council Meeting Schedule for 1992 as presented. Info/Background: In determining Council meeting dates for 1991, I find that in the months of January, February and September the Regular Council Meeting date falls on a holiday. I would recommend we follow the pattern established during the last three years as follows: In a month when the regular meeting falls on a holiday and there are five Mondays, the meetings were held on the second and fourth Monday. In a month with only four Mondays, the meeting was moved to the following Tuesday if the Monday was a holiday. That would result in the following schedule for 1992: January - Monday, January 6 and Tuesday, January 21 February - Monday, February 3 and Tuesday, February 18 September - Tuesday, September 8 and Monday, September 21 . (January 20 is Martin Luther King Day, February 17 is Presidents Day, and September 7 is Labor Day. See calendar on reverse.) CALENDAR N O� CO ON)(nTGTON LL C) O N �t T T N F- N Q)CD N O �rO�NN — F- NrCO •- N N COCOON LO N 0)(0 rrN N C/) N •-• 03 0) *- N N �LL COCr) ON- r N N HLfCO)N rrN 1- C) O N- Ct r rrNCr) 'Co NC7)COCr)O) L *- N C (f)TO11) TNN N(J)TCOLONO) r N N • N N CO C) O N *- N N LC) N 0)CO T r N fit* - COLD T T N O • T N NO)COC) N ^*T- NN M COCr) NN (0(J) LON0)CO T r N 0) TOTNN LL N- yt r- CO *- N N ~ cOrNN OrNN 1- TCOto r T T N M Cr) O h �t r N Cr) MCA N O)CO co O NU) * -COL!) 0) rrN LLC)ON�tr *-*-NC) NO)COCO0 T°OTNN ~ �CO *-NN A CD CO N N C/) Ln N 0) co r T N NC/)COC)ON 0) *- N N LLLONCY)CD r r N r r N MOTN Ic-NO)CONO �LTOLo rNN em u) r` � N-CO TNN Cf)L- COLON0) T N N ~N T N N OCO TNN LON(7)NCO M (n CO 0 N *"*-NC) LF- w �c 0 Ucn 0 N(/)CO 0) *- N N • LLCDCr) ON N N F- u)NO)N �It4-COLC) L r r N � F-C70NN a)2NO)CONO 0 (J) ,—coLn N 0) N N � �OOTNC) NLLNO)COC)O NC) 1- I- CO N CY) *- N N r N CO `D,-NN O N N N �tTCOto T r N Council Meeting REF:CRT/RECOMMENDATION To: From: Date: Mayor and Council Members Bob Kojetin, Director Park and Recreation Dept. October 31, 1991 Subject: Set hearing date for Tree Trimming, NW Section of Edina. Hearing for December 2, 1991 Agenda Item # VII. D Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Set hearing date - December 2, 1991, Boulevard Tree Trimming in a specified area of Edina. Info/Background: The Park and Recreation staff has investigated boulevard trees to be trimmed in the Northwest section of Edina. Staff recommends hearing the project on December 2, 1991. Improvement: Estimate trimming of 1575 trees Location: Est. cost: An area bounded by Highway 100 on the East, Vernon Avenue on the South , Highway 169 on the West and the Northern City boundary line on the North. $100,000 per tree cost $90 This project to be funded by special assessment. REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: Date: MARCELLA DAEHN, CLERK OCTOB.ER 31, 1991 Subject: PETITION FOR STREET LIGHTING - INTERSECTION OF SCHAEFER RD, KNOLL DR AND SOUTH KNOLL DR Agenda Item # VIII.A. Consent Information Only Mgr . Recommends Action x To HRA To Council x 1 Motion 7 Resolution r- ,.l Ordinance Discussion Recommendation: Refer the petition for Street Lighting at the intersection of Schaefer Road, Knoll Drive and South Knoll Drive to the Engineering Department for processing. Info/Background: The attached petition for Street Lighting dated October 25, 1991, was received from property owners on Knoll Drive, South Knoll Drive and Idylwood Lane. Our normal procedure is to refer the petition to the Engineering Department for processing as to feasibility. October 25, 1991 City of Edina City Council 4801 West 50th Street Edina, Minnesota 55424 Dear Council Members, l have enclosed a petition requesting installation of a street light at the intersection of Schaefer Rd., Knoll Dr. and S. Knoll Dr. The petition is signed by each homeowner at this intersection plus other homeowners adjacent to the intersection. We believe that a street light will improve the safety of this busy intersection for the 14 young children that live near this location. We ask for your immediate attention to our request. Respectfully, im Bunke 5520 Knoll Dr. Edina, Mn. 55436 938-0555 City of Edina, Minnesota CITY COUNCIL 4801 West 50th Street • Edina, Minnesota 55424 • (612) 927-8861 ............................................... ............................................... PETITION ❑ SIDEWALK ❑ STORM SEWER ❑ CURB AND GUTTER ONLY .............. UN ❑ ALLEY PAVING ❑ SANITARY SEWER DATE: ❑ WATERMAIN STREET LIGHTING ❑ PERMANENT STREET ❑ OTHER: SURFACING WITH CURB AND GUTTER To the Mayor and City Council: The persons who have signed this petition ask the City Council to consider the improvements listed above to the locations listed below. _ 'ij jER_SFt' I /Okl Ol— 5GH!16FC� fW , I4o&C OR,, 44-16 S. kl1i©LL between and LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS LOCATION OF IMPROVEMENT BY STREET NAME LOCATION OF IMPROVEMENT BY STREET NAME LOCATION OF IMPROVEMENT BY STREET NAME between between between ADDRESS ADDRESS ADDRESS and and and ADDRESS ADDRESS ADDRESS ADDRESS IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. PROPERTY OWNER'S SIG OWNER'S NAME PROPERTY ADDRESS OWNER'S (PRINTED) PHONE rINk uk 5520 k?JoL& De. 73?-0s-5-15- , 'SZ i4i thLl Kr\©\\ ?}Ct-('O( i WWLLJ4'- ,&ti41-307)I 636? �- , ' ,�� 73S o 7 lair(2.at. 3O ?oI/The- %33-04"%� k1,. 1�: /f (i3a 4 Dc-, Staff i3O. C c wi Z2> 3 .ty (t4o/Cf 6,,, q-Fs s"c7 C This petition was circulated by: 6 k _ 5:5 20 k1LL 1)e F.— NAME ADDRESS PHONE There is space for more signatures on the back or you may attach extra pages. SEPTEMBER 1990 L1,c-C -fib caa' c l o `e .041110, 3NOHd SaIaNMO SS3HUQV 11LHI3dO2Id (aaLNINd) 3WVN SaI3NMO d ffILVAIOIS SabaNMO A.L2I3dOSd W W W W W W W W CO (J W W (.) W W C4(4.4 W W CO W W r 0 00 0 000 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 CO CO 0303 CO CO CO CO CO CO CO CO 00 CO CO 00 CO CO Co 0o CO CO 00 2 CO V '-4-4 V V V V V V V -4 V V -4 V V V V V V V V m r ✓ rr N rrr r N r N 0 0 0 0 00 0 0 0 0 0 0 V MO) 0 A A A W N r 0 CO 00 V 0) Ut V1 A W N N 0 ? 0 N Z _( .+441../ 0 -< 0 0 -n N 1- r rrr N r r r N r r r 1-1-. 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CO W W Z CO CO CO CO (O CO CO CO CO (0 CO CO (0 CO CO CO r r r r (-- rrrr r rrr rrr > 3 0 ✓ r C Z r r r r V N A 0 -1 wCa) 0000 r F-' CO Ca) 00 r AA VV Vtr0)V rrrr I-) N rr rr 0000 V1 VI VW rVV AA CO VI VI m NNNN 4.11N WW AA NN NN 0V VIWVI CO CO 0oN0 Cr) 0000 00 0000 0)0) NN 0)Of CONCT) VY00 00 wOO(+) 0000 I I * * * * * * * * » 801VIOVH A3dHdwnH DC)0 X) 0 m m -1 Z 'D 3rn D 0cv I-+ m z D ZI-+r ( ) - 4C) m D m 73-1C 1-4 Z 00 z N 9S-09S-8VZV-OT V w r ONIOdd 1S3M Sn 3NOHd3131 8L-Z8L-9SZ17-0£ AS3NIHOVW 1S3M0IW Sladd dIVd3d 6VEL TOLLTd 9S-09S-OVSV-OT '00 1001 08VD3130 1 0 0 r Vf SLTL9 0E-T0E-08SV-OT NNIZ 0908 S3llddnS 1dV80 19-TT9-88SV-£Z N N N N M M M 1-1 mmmO rrrr mmmm XI XI XI XI 11 N 1-1 1-I ZZZz 0000 30IAd3S IVOIO3W 33Z 1N3WdIn03 A13JVS X X X mmm 000 X X X C)AC) 000 .vvv v v v 03 m m Z Z M mmz A .v -C D D r r 0 V)0)> C C v 0 v v 171 rr M1-4 RI RI V) V) 33 xxx 333 m C)C)C) Z 0C)C) 0 000 0 << v v v 000 vvv DDD Z Z Z mmm r r r r N r r I r r r 0 0 0 0 00 0 0 0 0 0 0 1 1 1 1 I 11 I I I A A A A A A A A A A A (.TI VI VI V1 O) (J1 VI N V1 V1 V1 A A A A A 0 0 N 0 0 0 0000 N AA 0) AAA 1 1 1 1 1 1 1 1 1 1 I to V1 U1V1 V VI VI VI WWW (7)010)0) O rrr rrr 0 0 0 0 r 0 0 0 A A A 1 1 1 1 1 1 1 I I I (.11111V1V1 V VI VI VI WWW 1-4 0 COO) 0) 0 rrr 000 Z r r r www V V V se A A 01V1V1 0 A A A 0 CT) 0) '1V V V V V Of CANW N rrr W WAW CO VI t.rt V 1(0 CO V N W W W NOI1dIlOS30 W31I » * » * * » » * * * * * » » » » » » » * * » * » * * X. I I 1 I I 1 I I I C) C) C) C) C) C) 0 0 C) X X X X X X X X X Vf N Vf V) N (n N V) V) ON iN000Od 3OVSS3W # T6-V0-TT 'ON NO3H0 D 00 N r 3 N tflr AO 0 O ArrA W(J)Q) C - . - - - . - Z ✓ mmwwWWOO)W -4 O VNmoow Oooll'oo 0' rintJ)NOAANO) W WNOO'WAmul A WOONA0oo4--0 -4 O TTTTTTTTT i C C C C C C C C C D Z Z Z Z Z Z Z Z Z < r 000000000 rn z O)VIAAWNNNN 0 O0 O0(O o U) 0 000000000 D D D D D D D D D rrrrrrrrr 0rNc1C)MOO OH-i-40cmOD Z001-44+zOrm NCMrZ .Z)T44 -403rra3 m -� -4ODD0D c)Om 0C)4-4c -1-4 mCmOmm 4-l0,mC0 ZNC ommZST rnZ zrn 0 CO 0 Z C T z m T TN 1 DOZC CDr-4 -1Z ZMr MO 0<rr -4 T < T c c z z 0 0 NOIldI80S3O W31I 'ON 1Nn000d 831SIO3d H03H0 T6-VO-TT AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL NOVEMBER 18,-1991 7:00 P.M. ROLLCALL ADOPTION OF CONSENT AGENDA ITEMS - Adoption of Consent Agenda Items is made by the Commissioners as to HRA items and by the Council Members as to Council items. All agenda items marked with an asterisk (*) and in bold print are Consent Agenda Items and are considered to be routine and will be enacted by one motion. There will be no separate discussion of such items unless a Commissioner or Council Member or citizen so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. EDINA HOUSING AND REDEVELOPMENT AUTHORITY * I. APPROVAL OF MINUTES of HRA Meeting of November 4, 1991 * II. PAYMENT OF HRA CLAIMS III. ADJOURNMENT * * EDINA CITY COUNCIL I. PUBLIC HEARING - TRUTH IN TAXATION - 1992 BUDGET II. PUBLIC HEARINGS ON VACATION OF EASEMENT Affidavits of Notice by Clerk. Presentation by Engineer. Public comment heard. Motion to close hearing. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote required to pass. A. Vacation of Alley - Between 5411 Zenith Avenue So and 5408 York Avenue So - Seelys 1st Addition to Hawthorne Park (Contd from 11/04/91) III. ORDINANCES First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of majority of all members of Council required to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. A. Second Reading - Ordinance no. 1222 - Repealing CATV Relief Ordinance and Relief Ordinance Amendment, Providing for Continuance of Certain Aspects of CATV Relief Ordinance, and Restructuring Manner in Which Local Programming is Funded IV. SPECIAL CONCERNS OF RESIDENTS A. Blake Road Improvements - John Zwicke, 5020 Blake Rd V. AWARD OF BIDS A. 1992 City Properties Refuse Collection B. Air Turnover Heating System Agenda Edina City Council November 18, 1991 Page 2 VI. RECOMMENDATIONS AND REPORTS A. 1991 Proposed Fees and Charges 1. Ordinance No. 171-A37 - Fees and Charges by Ordinance 2. Fees and Charges by Resolution B. Purchasing Policies C. Appointment to Community Services Board - Park Board Representative D. Appointment to Community Health Services Advisory Committee (Turner vacancy) E. Stop Sign Request - West 54th from France Av to Zenith Av F. Set Hearing Date - Board of Review (4/27/92) G. Approval of 3.2 Beer License and On -Sale Wine License - Pizzeria Uno, 6740 France Av So VII. INTERGOVERNMENTAL ACTIVITIES VIII. SPECIAL CONCERNS OF MAYOR AND COUNCIL IX. X. MANAGER'S MISCELLANEOUS ITEMS A. Belschner Letter Regarding Dish Antenna FINANCE A. PUBLIC HEARING - Proposed Issuance of Refunding Bonds by City of Minneapoi"" on Behalf of Fairview Hospital and Healthcare Services 1. Resolution Approving Proposed Issuance of Refunding Bonds B. Payment of Claims as per pre -list dated 11/18/91: Total $2,753,282.01 and for confirmation of payment of Claims dated 10/31/91: Total $481,688.19 Sat Nov 23 Thurs Nov 28 Fri Nov 29 Mon Dec 2 Wed Dec 4 Mon Dec 16 Tues Dec 24 Wed Dec 25 Tues Dec 31 Mon Jan 6 Mon Jan 20 Tues Jan 21 SCHEDULE OF UPCOMING MEETINGS/EVENTS Ordinance Codification Work Session 8:00 A.M. THANKSGIVING DAY - CITY HALL CLOSED DAY AFTER THANKSGIVING HOLIDAY - CITY HALL CLOSED Regular Council Meeting 7:00 P.M. Continued Truth in Taxation Hearing 7:00 P.M. (If needed) Regular Council Meeting 7:00 P.M. CHRISTMAS EVE DAY - CITY HALL CLOSES AT NOON CHRISTMAS DAY - CITY HALL CLOSED NEW YEAR'S EVE DAY - CITY HALL CLOSES AT NOON Regular Council Meeting 7:00 P.M. MARTIN LUTHER KING DAY - CITY HALL CLOSED Regular Council Meeting 7:00 P.M. Arneson Acres Council Room Council Room Council Room Council Room Council Room MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY NOVEMBER 4, 1991 ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice, Smith Richards. CONSENT AGENDA ITEMS ADOPTED Motion was made by Commissioner Kelly and was seconded by Commissioner Smith to approve HRA Consent Agenda items as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE MEETING OF OCTOBER 21. 1991. APPROVED Motion was made by Commissioner Kelly and was seconded by Commissioner Smith to approve HRA Minutes of October 21, 1991. Motion carried on rollcall vote - five ayes. *CLAIMS PAID Motion was made by Commissioner Kelly and was seconded by Commissioner Smith to approve payment of the claims as shown in detail on the Check Register dated November 4, 1991, and consisting of two pages totalling $69,950.25. Motion carried on rollcall vote - five ayes. There being no further business on the HRA Agenda, Chairman Richards declared the meeting adjourned. Executive Director CHECK REGISTER * P.O. * MESSAGE z M ACCOUNT NO. ITEM DESCRIPTION cc 0 0 Z W ›- > W 0 01-4218-132-12 255348 LEGAL FEES & WHITNEY Y 0 0 0 x x x : * * x 01-1390-132-12 01-1315-132-12 13906 J W N > Z a 0 CC F_4 0 0) HASSAN SAND/GRAVEL NORDQUIST SIGNS 01-1340-132-12 FURNITURE ANNE OVERHOLT ENT 01-4922-132-12 SPECIAL ASSESSEMENTS CDINl4-HMMI= City of Edina FUND HRA FUND 01 TOTAL J 0 H MO .-1.-4 00 00 NN CO CO MM efV OO MM 0010 0 0 MM nn 00 otot 00 t0 i0 0000 MM NN 0000 0000 0 0 1- MM Vd MM .-I.-4 Val. 0 0 _ - - - - - - . - - - O .-4 ri . 4.-4 .-I .-1 CNN .-I.-4 00 00 2 f0 M 00 WW 0) 0) CO r4 .41 1-1 .-I M CO 0) 0) 0) CO \ \ \ \ \ M CO 0') M M .-1 .-1 .-1 .I .-1 W \ \ \ \ < .4 .-1 .-1 .-1 • .-1 CHECK NO. 00 it of it CO Al M x CO It 00 It N N N It Is. it N. # CO 00 00 x N it N 0 N N N * N x N x N N N It 07 * -M It CO CO 07 * CITY OF EDINA, MINNESO_'A 1 9 9 2 ANNUAL BUDGET 1992 Annual Budget Summary of Revenues & Expenditures Revenue Overview Taxes (76%) — Distribution of Revenues by Type Intergov't Aid (4%) Fees & Charges (15%) Licenses & Permits (6%) Total Expenditures Overview Total Expenditures by Area Public Works (23%) 7 Public Safety (46%) General Govt. (15%) Non -Dept. (3%) Parks (12%) Summary of Expenditures by Type Salaries (54%) Contract. Svcs. (13%) Commodities (5%) Equipment (7%) Central Svcs. (21%) GENERAL FUND: PAGE-2 REVENUES BY FUND & FUICT ION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTER TAXES: REAL & PERSONAL PROPERTY TAXES S8,832,983 59,835,705 S9,984,072 $10,384,072 $10,456,761 OTHER 24,430 3,958 25,000 25,000 25,000 TOTAL TAXES 8,857,413 9,839,663 10,009,072 10,409,072 10,481,761 LICENSES i PERMITS: BEER & LIQUOR 5,550 16,213 16,000 16,000 18,000 CIGARETTE/VENDING 977 654 600 600 600 DOG & IMPOUNDING FEES 7,608 9,264 10,000 12,000 12,000 FOOD & SOFT DRINKS 41,693 46,326 42,400 42,400 51,400 GAS PUMPS, TANKS & BURNING 1,875 1,696 2,000 4,500 2,000 BOWLING, TAXI, & AMUSEMENT 6,850 9,310 12,000 12,000 10,000 SCAVENGER & GARBAGE COLLECTORS 2,595 2,315 2,300 2,300 2,000 BUILDING 622,359 531,173 482,750 482,750 480,000 CESSPOOL & SEWER 0 0 0 400 400 PLUMBING 53,119 74,042 65,000 60,000 72,000 SIGN 6,000 7,876 6,000 6,000 8,000 HEATING,VENTILATION & MECHANICAL 94,069 121,872 80,000 70,000 80,000 OTHER 22,431 15,457 5,000 2,000 7,884 POOLS & SPA 11,510 11,803 12,100 12,100 12,000 SPRINKLER 16,555 26,297 22,000 22,000 22,000 TOTAL LICENSES & PERMITS 893,191 874,298 758,150 745,050 778,284 FEES & CHARGES: ENGINEERING & CLERICAL 101,850 141,813 120,000 120,000 140,000 MUNICIPAL COURT FINES 467,957 494,009 495,000 515,000 495,000 CHARGES TO OTHER FUNDS 100,620 105,000 115,000 115,000 123,300 CONTRIBUTION FROM LIQUOR FUND 350,000 350,000 380,000 380,000 380,000 ASSESSING SEARCHES 6,652 4,120 5,000 5,000 5,000 PLANNING FEES 5,345 9,362 11,000 11,000 11,000 SALES & RENTAL PROPERTY 51,180 33,809 25,000 25,000 30,000 MISCELLANEOUS REVENUE 77,265 15,637 25,000 25,000 35,000 INCOME ON INVESTMENTS 82,413 77,168 80,000 80,000 80,000 LABORATORY FEES 8,914 9,875 8,000 3,000 8,000 DONATIONS 28,514 25 0 500 500 FALSE ALARMS • POLICE 37,433 35,234 37,000 37,000 37,000 FALSE ALARMS • FIRE 0 0 0 2,000 2,000 HAZMAT FEE 0 0 0 3,000 3,000 REGISTRATION FEE • SWIMMING & ACTIVITIES 76,327 78,758 75,000 75,000 80,000 SERVICES • HOUSING & 0 REDEVELOPMENT AUTHORITY 196,191 166,428 185,000 185,000 150,000 RESERVE FOR COMMITTMENTS 0 0 0 0 0 AMBULANCE SERVICE 384,571 411,441 450.000 425,000 475,000 TOTAL FEES & CHARGES 1,975,232 1,932,679 2,011,000 2,006,500 2,054,800 TOTAL LICENSES & PERMITS AND FEES AID CHARGES $2,868,423 $2,806,977 $2,769,150 $2,751,550 $2,533,084 GENERAL RIID CONT'D: PACE e 3 REVENUES BY FUND i FUNCTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED INTERGOVERNMENTAL AID: LOCAL GOVERNMENT AID $560,771 $3,419 SO SO SO STATE HIGHWAY TAX 60,000 60,000 60,000 60,000 160,000 HOUSING ASSISTANCE AID 0 0 2,000 2,000 0 FEDERAL AID 9,379 8,000 20,000 20,000 10,000 POLICE AID (1%) 215,443 196,885 223,000 210,000 220,000 TRANSFER • REVENUE SHARING 0 0 0 0 0 HENNEPIN COUNTY HEALTH PROGRAM 100,102 126,619 125.000 125,000 113,100 TOTAL IMTERGOVERMEIITAL AID 945,695 394,923 430,000 417,000 503,100 TOTAL OPERATING REVENUE S12,671,531 S13,041,563 S13,208,222 S13,577,622 S13,817,945 GENERAL FAD: GENERAL GOVERMENT : Pam_` EXPENDITURES BY FUND & FUNCTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATE) BUDGETED ADOPT131 MAYOR & COUNCIL S64,491 S60,271 S60,065 S59,530 S60,250 ADMINISTRATION 572,219 598,307 568,278 565,619 579,141 PLANNING 144,981 160,002 222,484 215,899 218,431 FINANCE 281,980 304,896 326,483 323,466 344,727 ELECTION 22,442 69,898 31,100 25,107 94,650 ASSESSING 299,834 347,583 349,243 358,739 376,898 LEGAL & COURT SERVICES 451,543 421.280 402,000 330,000 330.000 TOTAL GENERAL GOVERNMENT 1,837,490 1,962,237 1,959,653 1,878,360 2,004,097 PUBLIC FORKS: ADMINISTRATION 100,633 113,141 114,760 114,999 119,222 ENGINEERING 411,459 408,418 462,078 443,201 426,009 SUPERVISION 384,861 424,093 447,325 446,615 456,089 STREET MAINTENANCE 1,471,007 1,499,858 1,624,440 1,669,833 1,647,133 STREET LIGHTING 290,479 322,498 324,520 335,750 340,150 STREET NAME SIGNS 44,346 68,644 67,170 52,000 53,500 TRAFFIC CONTROL 60,151 86,711 74,210 90,200 96,400 BRIDGES/GUARD RAILS 7,068 8,399 11,000 19,100 15,500 STORM DRAINAGE 430 0 0 0 0 LAKES & PONDS 2,731 0 0 0 0 SIDEWALKS,RAMPS & PARKING LOTS 62,314 52,349 78,950 83,550 78,650 TOTAL PUBLIC {ARKS PUBLIC SAFETY: 2,835,479 2,984,111 3,204,453 3,255,248 3,232.653 POLICE 3,107,590 3,387,013 3,473,262 3,506,088 3,608,682 CIVILIAN DEFENSE 27,535 24,832 28,143 27,214 27,761 ANIMAL CONTROL 47,616 62,631 49,480 56,675 57,482 FIRE 1,904,054 1,996,642 1,953,382 2,060,827 2,119,869 PUBLIC HEALTH 262,255 295,066 297,513 306,667 324,280 INSPECTIONS 256,364 294.537 277,435 260,673 265,819 TOTAL PUBLIC SAFETY 5,605,414 6,060.721 6,079,215 6,218.144 6,403,893 PARK DEPARTMENT: ADMINISTRATION 360,224 372,132 393,143 373,632 382,700 RECREATION 126,960 89,833 136,544 120,250 116,750 MAINTENANCE 1,183,695 1,212.336 1,171,168 1,231,150 1,216.324 TOTAL PARK DEPARTMENT S1,670,879 S1,674,301 $1,700,855 51,725,032 S1.715,774 GENERAL FIJD (CONT'D): NCR -DEPARTMENTAL DPEIDITURES: PAGE - 5 EXPENDITURES BY FUND i FUICTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED CONTINGENCIES S87,418 S94,266 S80,000 S80,000 S6O,000 SPECIAL ASSESSMENTS 46,124 42,951 65,000 65,000 45,000 CAPITAL PLAN APPROPRIATION 150,797 115,000 117,000 117,000 117,000 COMMISSIONS E. SPECIAL PROJECTS 134,738 183,589 240,459 238,838 239,528 TOTAL NON -DEPARTMENTAL 419,077 TOTAL OPERATING EXPEIDITURES S12,368,338 435,806 502,459 S13,117,175 S13,446,635 500,838 461,528 S13,577,622 S13,817,945 DATE: TO: FROM: SUBJECT: 1992 CITY OF EDINA BUDGET October 7, 1991 Mayor Richards and Members of the City Council Kenneth Rosland, City Manager 1992 CITY OF EDINA BUDGET Attached herewith is the proposed 1992 City of Edina budget. The proposed budget is based upon the projections presented to you during the "budget assumptions" meet- ings held earlier this summer. We trust that the proposed budget reasonably reflects the guidelines established by the Council at that time, and conforms with the prelimi- nary levy that was certified to Hennepin County on September 1, 1991. EXPENDITURES The proposed 1992 General Fund Expenditures are $13,817,945 which represents a 1.77 percent increase over 1991. The increase is the smallest increase in many years. Chart 1 compares the proposed 1992 expenditure increase with past increases. Chart 1 - Percentage Expenditure Increase 89-92 PERCENT 6% 5% 4% 3% H 2% 1% 0% 4.33% 1989 4.60% 1990 4.78% YEAR 1991 77% 1992 The proposed 1992 budget cannot be accomplished without sacrifice. The budget does not provide for new programs, new equipment, or new increases in service levels. In fact, the proposed budget reduces, at least temporarily, our staff complement which will result in a reduction of service levels. We hope these service levels can be restored 1992 Budget Page - 2 as soon as possible. In short, we cannot provide a competitive wage adjustment for our employees and accommodate increases in outside costs without, at the same time, reducing our expenditures elsewhere if a 1.77 percent budget increase is to be ac- complished. Wage and Employee Benefit Increase The proposed budget includes a wage adjustment of 3 percent and an increase in City funded insurance benefits of $30 per month. We believe the proposed wage adjust- ment is commensurate with increases in the public and private sector. The benefit in- crease is in order based upon comparisons with other cities. BUDGET REDUCTIONS As mentioned earlier, no new programs, equipment or services are proposed. The fol- lowing budget reductions comprise our recommendations for accomplishing the Council's budget goals. Staff Reduction Prior to or during 1992, several staff positions will be vacated due to retirement or other reasons. We propose that these positions not be filled in 1992. We request, however, that the positions not be permanently eliminated and should be filled at a future time when the budget permits. The positions that would not be filled in 1992 include a street maintenance employee, an engineering employee, a police officer, two park main- tenance workers, and various part-time street department and park department workers. The projected savings from this hiring freeze is $166,805.00. Reallocation to Other Funds We recommend that Truth in Taxation notice mailing costs which will approximate $20,000 be borne by the communication fund which is not part of the General Fund. We also recommend that $10,000.00 in parking ramp maintenance costs should be removed from the General Fund and assessed against properties at 50th & France. Overtime We propose to reduce the overtime budget in the Fire Department by $20,000.00. Commodities We propose to reduce the commodity budget for office supplies by $10,000.00. We also propose a $15,000.00 reduction in the street maintenance budget due to tech- nological improvements that reduce the grade (and therefore the expense) of oil used for street renovation. Contingencies We have reduced our contingency budget by $20,000.00. 1992 Budget Page - 3 Charts 2 and 3 illustrate the distribution of expenditures by area and by type. Chart 2 - Total Expenditures by Area Chart 3 - Total Expenditures by Function Public Works (23%) Public Safety (48%) REVENUES General Govt. (15%) Non -Dept. (396) Parla (1296) Salaries (54%) Chart 4 illustrates the proposed distribution of 1992 revenues. Chart 4 - Distribution of Revenues IntergoJt Aid (4%) 1992 Budget Page - 4 License/Permits and Fees/Charges We project an increase in revenues for licenses/permits of 4.5 percent and for fees/char- ges of 2.4 percent. These increases are based upon the volume of activity expected for 1992 coupled with the adjustment of certain permit and license fees. These adjust- ments are based upon our costs including a burden rate for our employees. Intergovernmental Aid Intergovernmental aid has increased by $100,000.00 due to changes in the distribution formula for state gas tax funds. Real and Personal Property Taxes The proposed 1992 budget requires a gross levy of $10,456,761.00 which represents a 0.7 percent increase from 1991. Due to the 1991 property tax law, the City will again qualify for some Homestead and Agricultural Credit Aid (i.e. HACA). This aid will be credited against our gross levy which results in a net levy of $10,191,966.00. This repre- sents a reduction in our actual levy by 1.85 percent. BUDGET CALENDAR The following are our scheduled budget meetings: Preliminary Review October 7, 1991 5:00 P.M. Truth in Taxation Hearing November 18, 1991 7:00 P.M. Truth in Taxation Hearing December 4, 1991 7:00 P.M. The December 4, 1991 hearing need not be held if the Council concludes its discussion and adopts the budget on November 18, 1991. Please call me if you have any questions concerning the proposed 1992 Budget. CITY OF EDINA, MINNESOTA 1 9 9 2 ANNUAL BUDGET 1992 Annual Budget Table of Contents Page I. Summary Overview Revenue by Fund and Source Expenditures by Fund & Source 1-3 4-6 II. General Government Overview Mayor Council 7 - 8 Administration 9 - 10 Planning 11 - 12 Finance 13 - 14 Election 15 - 16 Assessing 17 - 18 Legal & Court Services 19 - 20 III. Public Works Overview Administration 21 - 22 Engineering 23 - 24 Supervision 25 - 26 Payroll Distribution 27 - 28 Street Maintenance 29 - 32 Street Lighting 33 - 34 Street Name Signs 35 - 36 Traffic Control 37 - 38 Bridges/Guard Rails 39 - 40 Storm Drainage 41 - 42 Lakes & Ponds 43 - 44 Sidewalks/Ramps/Parking Lots 45 - 48 1992 Annual Budget Table of Contents Page IV. Public Safety Overview Police Protection 49 - 52 Civilian Defense 53 - 54 Animal Control 55 - 56 Fire Protection 57 - 60 Public Health 61 - 62 Inspections 63 - 64 V. Park & Recreation Overview Administration 65 - 66 Recreation 67 - 72 Payroll Distribution 73 - 74 Maintenance 75 - 84 VI. Non -Departmental Overview Contingencies 85 - 86 Capital Plan Appropriation 87 - 88 Special Assessments on City Property 89 - 90 Commissions & Special Projects 91 - 94 VII. Appendix Central Services General 95 - 96 City Hall 97 - 98 Public Works Building 99 - 100 Equipment Operation 101 - 102 Capital Plan 103 - 108 1992 Annual Budget Summary of Revenues & Expenditures Revenue Overview Taxes (76%) Distribution of Revenues by Type Intergov't Aid (4%) Fees & Charges (15%) Licenses & Permits (6%) Total Expenditures Overview Total Expenditures by Area Public Works (23%) Public Safety (46%) General Govt. (15%) Non -Dept. (3%) Parks (12%) Summary of Expenditures by Type Salaries (54%) Contract. Svcs. (13%) Commodities (5%) Equipment (7%) Central Svcs. (21%) GENERAL FUND : PAGE - 2 REVERIES BY FUND & FUNCTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED TAXES: REAL & PERSONAL PROPERTY TAXES S8,832,983 $9,835,705 $9,984,072 $10,384,072 S10,456,761 OTHER 24,430 3,958 25,000 25,000 25,000 TOTAL TAXES 8,857,413 9,839,663 10,009,072 10,409,072 10,481,761 LICENSES & PERMITS: BEER & LIQUOR 5,550 16,213 16,000 16,000 18,000 CIGARETTE/VENDING 977 654 600 600 600 DOG & IMPOUNDING FEES 7,608 9,264 10,000 12,000 12,000 FOOD & SOFT DRINKS 41,693 46,326 42,400 42,400 51,400 GAS PUMPS, TANKS & BURNING 1,875 1,696 2,000 4,500 2,000 BOWLING, TAXI, & AMUSEMENT 6,850 9,310 12,000 12,000 10,000 SCAVENGER & GARBAGE COLLECTORS 2,595 2,315 2,300 2,300 2,000 BUILDING 622,359 531,173 482,750 482,750 480,000 CESSPOOL & SEWER 0 0 0 400 400 PLUMBING 53,119 74,042 65,000 60,000 72,000 SIGN 6,000 7,876 6,000 6,000 8,000 HEATING,VENTILATION & MECH.' CAL 94,069 121,872 80,000 70,000 80,000 OTHER 22,431 15,457 5,000 2,000 7,884 POOLS & SPA 11,510 11,803 12,100 12,100 12,000 SPRINKLER 16,555 26,297 22,000 22,000 22,000 TOTAL LICENSES & PERMITS 893,191 874,298 758,150 745,050 778,284 FEES & CHARGES: ENGINEERING & CLERICAL 101,850 141,813 120,000 120,000 140,000 MUNICIPAL COURT FINES 467,957 494,009 495,000 515,000 495,000 CHARGES TO OTHER FUNDS 100,620 105,000 115,000 115,000 123,300 CONTRIBUTION FROM LIQUOR FUND 350,000 350,000 380,000 380,000 380,000 ASSESSING SEARCHES 6,652 4,120 5,000 5,000 5,000 PLANNING FEES 5,345 9,362 11,000 11,000 11,000 SALES & RENTAL PROPERTY 51,180 33,809 25,000 25,000 30,000 MISCELLANEOUS REVENUE 77,265 15,637 25,000 25,000 35,000 INCOME ON INVESTMENTS 82,413 77,168 80,000 80,000 80,000 LABORATORY FEES 8,914 9,875 8,000 3,000 8,000 DONATIONS 28,514 25 0 500 500 FALSE ALARMS • POLICE 37,433 35,234 37,000 37,000 37,000 FALSE ALARMS - FIRE 0 0 0 2,000 2,000 HAZMAT FEE 0 0 0 3,000 3,000 REGISTRATION FEE - SWIMMING & ACTIVITIES 76,327 78,758 75,000 75,000 80,000 SERVICES - HOUSING & 0 REDEVELOPMENT AUTHORITY 196,191 166,428 185,000 185,000 150,000 RESERVE FOR COMMITTMENTS 0 0 0 0 0 AMBULANCE SERVICE 384.571 411.441 450,000 425,000 475,000 TOTAL FEES & CHARGES 1,975,232 1,932,679 2,011,000 2,006,500 2,054,800 TOTAL LICENSES & PERMITS AID FEES AND CHARGES S2,868,423 $2,806,977 $2,769,150 S2,751,550 $2,833,084 GENERAL FUND CONT'D: PACE - 3 REVENUES BY FUND & FUNCTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED INTERGOVERNIENTAL AID: LOCAL GOVERNMENT AID $560,771 $3,419 SO SO S0 STATE HIGHWAY TAX 60,000 60,000 60,000 60,000 160,000 HOUSING ASSISTANCE AID 0 0 2,000 2,000 0 FEDERAL AID 9,379 8,000 20,000 20,000 10,000 POLICE AID (1%) 215,443 196,885 223,000 210,000 220,000 TRANSFER - REVENUE SHARING 0 0 0 0 0 HENNEPIN COUNTY HEALTH PROGRAM 100,102 126,619 125,000 125,000 113,100 TOTAL INTERGOVERNIEENTAL AID 945,695 394,923 430,000 417,000 503,100 TOTAL OPERATING REVENUE $12,671,531 $13,041,563 S13,208,222 $13,577,622 $13,817,945 GENERAL FUND: GENERAL GOVERMENT: EXPENDITURES BY FUND IL FUNCTION 1989 1990 ACTUAL ACTUAL 1991 ESTIMATED PAGE - 4 1992 ADOPTED MAYOR & COUNCIL S64,491 S60,271 S60,065 $59,530 S60,250 ADMINISTRATION 572,219 598,307 568,278 565,619 579,141 PLANNING 144,981 160,002 222,484 215,899 218,431 FINANCE 281,980 304,896 326,483 323,466 344,727 ELECTION 22,442 69,898 31,100 25,107 94,650 ASSESSING 299,834 347,583 349,243 358,739 376,898 LEGAL & COURT SERVICES 451,543 421,280 402,000 330,000 330.000 TOTAL GENERAL GOVERMENT 1,837,490 PUBLIC WORKS: 1,962.237 1,959,653 1„878,360 2,004,097 ADMINISTRATION 100,633 113,141 114,760 114,999 119,222 ENGINEERING 411,459 408,418 462,078 443,201 426,009 SUPERVISION 384,861 424,093 447,325 446,615 456,089 STREET MAINTENANCE 1,471,007 1,499,858 1,624,440 1,669,833 1,647,133 STREET LIGHTING 290,479 322,498 324,520 335,750 340,150 STREET NAME SIGNS 44,346 68,644 67,170 52,000 53,500 TRAFFIC CONTROL 60,151 86,711 74,210 90,200 96,400 BRIDGES/GUARD RAILS 7,068 8,399 11,000 19,100 15,500 STORM DRAINAGE 430 0 0 0 0 LAKES & PONDS 2,731 0 0 0 0 SIDEWALKS,RAMPS & PARKING LOTS 62.314 52,349 78.950 83,550 78.650 TOTAL PUBLIC WORKS 2,835,479 2,984,111 3,204,453 3.255.248 3.232.653 PUBLIC SAFETY: POLICE 3,107,590 3,387,013 3,473,262 3,506,088 3,608,682 CIVILIAN DEFENSE 27,535 24,832 28,143 27,214 27,761 ANIMAL CONTROL 47,616 62,631 49,480 56,675 57,482 FIRE 1,904,054 1,996,642 1,953,382 2,060,827 2,119,869 PUBLIC HEALTH 262,255 295,066 297,513 306,667 324,280 INSPECTIONS 256,364 294.537 277,435 260.673 265,819 TOTAL PUBLIC SAFETY 5,605.414 6.060.721 6,079,215 6.218.144 6,403.893 PARK DEPARTMENT: ADMINISTRATION 360,224 372,132 393,143 373,632 382,700 RECREATION 126,960 89,833 136,544 120,250 116,750 MAINTENANCE 1,183.695 1,212,336 1,171,168 1,231.150 1.216.324 TOTAL PARK DEPARTMENT $1,670,879 $1,674,301 $1,700,855 $1,725,032 $1,715,774 GENERAL FUND (COMT' D) : NOW -DEPARTMENTAL EXPEIDITURES: PAGE - 5 EXPENDITURES BY FUND & FUNCTION 1989 1990 1991 1992 ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED CONTINGENCIES S87,418 $94,266 S80,000 S80,000 S60,000 SPECIAL ASSESSMENTS 46,124 42,951 65,000 65,000 45,000 CAPITAL PLAN APPROPRIATION 150,797 115,000 117,000 117,000 117,000 COMMISSIONS & SPECIAL PROJECTS 134,738 183,589 240,459 238,838 239,528 TOTAL NON -DEPARTMENTAL 419,077 TOTAL OPERATING EXPENDITURES $12,368,338 435,806 502,459 $13,117,175 $13,446,635 500,838 461,528 $13,577,622 $13,817,945 1992 Annual Budget General Government General Government Overview General Government - Distribution by Area Planning (11%) Assessing (19%) —' Administration (30%) Mayor & Council (3%) General Government - Distribution by Expenditure Salaries (57%) Equipment (1 %) Central Services (16%) Contractual Services (25%) CITY OF EDINA ANNUAL BUDGET PAGE - 7 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: MAYOR & COUNCIL PROGRAM: 100 - 10 SUMMARY OF SERVICES Mayor & Council: The City Council constitutes the policy making division of Edina City Government. The Council is composed of the Mayor and four Council members, all elected at large for overlapping terms of four years. The Mayor is the official head of City Government and is the presiding officer at Council meetings. The Council meets on the first and third Mondays of each month at the City Hall. The City Council also serves as the Housing Redevelopment Authority. Total Mayor & Council Budget 1991 1992 $59,530 $60,250 1.2 ANNUAL BUDGET PAGE - 8 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: MAYOR & COUNCIL PROGRAM: 100 - 10 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4202 CONTINUING EDUCATION 4206 MEETING EXPENSE 4208 MILEAGE $27.451 $27,556 S27,450 S27.450 S27,450 1,260 941 2,886 0 831 140 2,730 0 0 0 3,915 0 0 2,000 700 0 0 2,000 700 0 5,086 3,701 3,915 2,700 2,700 4,234 1,534 980 1,300 1,300 COMMODITIES: 4504 GENERAL SUPPLIES CEIITRAL SERVICES: 4802 GENERAL 4804 CITY HALL TOTAL MAYOR i COUNCIL 17,640 10,080 17,400 10,080 17,640 10,080 17,640 10,440 18,120 10,680 27,720 27,480 27,720 28,080 28.800 $64,491 S60,271 S60,065 S59,530 S60,250 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ADMINISTRATION PAGE - 9 PROGRAM: 140 - 14 SUMMARY OF SERVICES Administration: Personal Services consist of one (1) Manager, two (2) Executive Management III's, two (2) Technical Management III's, two (2) Technical II's, and one (1) General I. The office of the City Manager is responsible for executing the policies adopted by the City Council. Specifically, the City Manager's office provides for the general management of the City and is responsible for the following: - Personnel compensation and benefits administration for approximately 700 full time and part-time employees - Labor relations with three organized bargaining units - Risk management - Long-range planning - Maintenance of official records and minutes - Publication of ordinances and legal notices - Licensing - Policy research and implementation - Management of selected central services - Human relations - Staff service to the HRA - Employee training and career development - Facility management of City Hall Total Administration Budget 1991 1992 % $565,619 $579,141 2.4 ANNUAL BUDGET ITY OF EDINA FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ADMINISTRATION PROGRAM: 140 - 14 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL $380,000 $368,731 S389,173 4110 OVERTIME 3,000 3,000 3,000 $364,405 S430,068 383,000 371,731 392,173 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 11,958 13,518 15,000 19,000 9,000 4202 CONTINUING EDUCATION 3,847 2,211 1,200 4,300 4,300 4204 DUES & SUBSCRIPTIONS 57,563 30,153 43,500 43,500 43,500 4206 MEETING EXPENSE 2,686 1,785 1,520 2,000 2,000 4208 MILEAGE 2,738 2,774 2,408 1,500 1,500 4210 LEGAL ADVERTISEMENTS 8,697 6,640 7,400 5,200 5,200 4290 POSTAGE 494 607 1,200 600 600 87,982 57,688 72,228 76,100 66,100 CC NODITIES: 4502 BOOKS AND PAMPHLETS 99 370 100 150 150 4504 GENERAL SUPPLIES 543 800 800 200 200 4516 OFFICE SUPPLIES 224 197 130 100 100 4600 PRINTING 186 118 100 250 250 1,052 1,485 1,130 700 700 CENTRAL SERVICES: 4802 GENERAL 84,600 85,200 87,240 87,240 88,380 4804 CITY HALL 14,408 15,600 16,320 16,320 16,620 4808 EQUIPMENT OPERATION 3.600 4,200 4,360 4,360 6,000 102.608 105.000 107,920 107,920 111,000 EQUIPMENT: 4901 REPLACEMENT 15,507 3,267 4,000 9,168 9,168 4902 NEW 665 799 0 0 0 16,172 4,066 4,000 9,168 9,168 TOTAL ADMINISTRATION $572,219 $598,307 S568,278 $565,619 $579,141 CITY OF EDINA ANNUAL BUDGET PAGE - 11 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: PLANNING PROGRAM: 120 - 12 SUMMARY OF SERVICES Planning: Personal Services consist of one (1) Executive Management II, one (1) Technical Management III, one (1) Technical Management II, and three -fourths (3/4) a Technical II. The Planning Department provides staff services to the City Council, the Planning Commission, the Board of Appeals and Adjustments, the Heritage Preservation Board and the Housing and Redevelopment Authority (HRA). The department also handles the administration of the City's sign ordinance, the zoning ordinance, the subdivision ordinance, the Metro Rental Assistance Program, and the Federal Community Development Block Grant program. 1991 Total Planning Budget $215,899 1992 $218,431 1.2 ANNUAL BUDGET • FUND: FUNCTION: AREA: PROGRAM: GENERAL - 10 GENERAL GOVERNMENT PLANNING 120 - 12 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL S160,000 $159,638 S160,910 4110 OVERTIME 2.500 2,500 2,500 $94,949 S107,772 162.500 162.138 163,410 CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 424 3,324 0 1,200 1,200 4204 DUES & SUBSCRIPTIONS 269 314 190 300 300 4206 MEETING EXPENSE 24 0 0 100 100 4208 MILEAGE 40 0 44 100 100 758 3,638 234 1,700 1,700 COMMODITIES: 4502 BOOKS & PAMPHLETS 12 10 150 100 100 4504 GENERAL SUPPLIES 54 82 160 100 100 4508 PHOTOGRAPHIC SUPPLIES 78 64 0 100 100 4600 PRINTING 0 0 0 500 500 144 156 310 800 800 CENTRAL SERVICES: 4802 GENERAL 37,800 39,600 41,100 41,100 42,300 4804 CITY HALL 5,040 5,400 5,580 5,580 5,640 4808 EQUIPMENT OPERATION 1,800 1,800 1.860 1.860 1,860 44,640 46.800 48.540 48,540 49,800 EUJIPMEIT: 4901 REPLACEMENT 4,491 1,636 10,900 2,721 2,721 4902 NEW 0 0 0 0 0 4,491 1,636 10,900 2,721 2,721 TOTAL PLANNING $144,981 $160,002 S222,484 $215,899 $218,431 CITY OF EDINA ANNUAL BUDGET PAGE - 13 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: FINANCE PROGRAM: 160 - 16 SUMMARY OF SERVICES Finance: Personal Services consist of one (1) Executive Management III, one (1) Executive Management I, one Technical Management II, one (1) Technical II, two (2) half-time (1/2) Technical I's, and one-half (1/2) a General II. The Finance Department provides accounting and control services for all financial activities of the City. Major functions include: - During 1990 the Finance Department issued over 11,500 payroll checks on a payroll of over $9,150,000 for approximately 700 full time and part time employees; - Preparation of annual budget, comprehensive annual report, enterprise profit and loss statements, bond statements, and other financial reports; - Issuance of 9,000 accounts payable checks on expenditures of over $39,000,000 for general operating, debt service, capital projects, enterprise activities and other City functions during 1990; - Performing financial analysis on investments and various proposals; and - Maintain records on $400,000 of liquor and wine inventory. Explanation of Increase: LOGIS has applied a 36% percent increase to the 1992 budget for the payroll and financial systems. 0ur projections suggest we can hold this a 20% increase. This increase is due to a projected revenue shortfall for 1992. Total Finance Budget 1991 1992 $323,466 $344,727 6.6 CITY OF EDINA ANNUAL BUDGET PAGE - 14 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: FINANCE PROGRAM: 160 - 16 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL 213,000 S213,189 $226,130 4110 OVERTIME $2,500 2,500 2,500 S185,961 $198,127 215,500 215,689 228,630 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 0 0 0 0 4202 CONTINUING EDUCATION 131 1,632 1,700 1,500 1,500 4204 DUES & SUBSCRIPTIONS 365 567 400 400 400 4208 MILEAGE 1,930 2,608 1,925 2,050 2,050 4216 ANNUAL AUDIT 3,000 3,500 3,700 3,700 3,700 4226 EQUIPMENT RENTAL 0 0 0 300 300 4233 DATA PROCESSING-LOGIS 31,338 33,561 38,948 36,000 43,000 36,764 41,868 46,673 43,950 50,950 CO!*IDDITIES: 4502 BOOKS & PAMPHLETS 0 23 0 50 50 4504 GENERAL SUPPLIES 814 1,847 750 450 450 814 1,870 750 500 500 CENTRAL SERVICES: 4802 GENERAL 48,600 50,400 50,880 50,880 52,080 4804 CITY HALL 6,840 6,840 7,080 7,080 7,200 55,440 57,240 57,960 57,960 59,280 EQUIPMENT: 4901 REPLACEMENT 3,001 5,791 5,600 5,367 5,367 4902 NEW 0 0 0 0 0 3,001 5,791 5,600 5,367 5,367 TOTAL FINANCE $281,980 $304,896 $326,483 $323,466 $344,727 CITY OF EDINA ANNUAL BUDGET PAGE - 15 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ELECTION PROGRAM: 180 - 18 SUMMARY OF SERVICES Elections: Personal Services consist of one (1) Technical I of which one-half (1/2) the salary is billed to the school district as election costs. The City Clerk is responsible for conducting all national, state, county and City elections held in the City of Edina in even -numbered years. The City is divided into 20 voting precincts which must be equipped for conducting each election. The Clerk must recruit and train approximately 275 election judges in each election year. Approximately 3,000 absentee ballot applications are processed. The Clerk is also responsible for maintaining the permanent voter registration system for the City amounting to almost 35,000 registrations. In a twelve month period about 6,500 registration changes are processed. Explanation of Change: In 1992 a Presidential primary and Presidential election will be held. 1991 1992 Total Election Budget $25,107 $94,650 277.0 ANNUAL BUDGET • FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ELECTION PROGRAM: 180 - 18 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONALSERVICES ,'(/ Ert. COMMODITIES: 4504 GENERAL SUPPLIES 4600 PRINTING CENTRAL SERVICES: 4802 GENERAL TOTAL ELECTION S11,190 547,226 S17,900 S12,807 S69,990 3,243 9,518 5,200 4,000 12,000 209 0 2,113 3,241 100 100 250 250 2,250 2,250 209 5,354 200 500 4.500 7,800 7,800 7,800 7,800 8.160 S22,442 S69,898 S31,100 S25,107 S94,650 CITY OF EDINA ANNUAL BUDGET PAGE - 17 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ASSESSING PROGRAM: 200 - 20 SUMMARY OF SERVICES Assessing: Personal Services consist of one (1) Executive Management II, three (3) Technical Management IV's, one (1) Technical III, one (1) Technical II and part-time help. The Assessing Department performs annual classification and valuation of Edina's 20,000 real estate parcels. The accepted approaches to value are considered in the appraisal process. All tangible changes to property that may affect market value are physically inspected using building permits as an informational source. Statistical analysis is performed on over 700 residential sales and existing assessor's market values each year, forming the basis for annual adjustments of values. Sales and the analysis of available income and expense data generate adjustments to commercial, industrial and apartment values. Because of the almost subjective nature of real estate value opinion and some classifications, dozens of tax court petitions and scores of abatements and individual appeals/reviews are processed annually. Dissemination of general and specific information, explanation of processes and procedures, trial preparation and negotiations with taxpayers or their legal representatives are on -going functions. Ratios of assessor's values to sale prices are compared, coordinated and argued annually between municipalities within Hennepin County to assure an acceptable level of assessment and equity of contribution to non -local jurisdictions. Ratios are also monitored and corrected within the Commissioner of Revenue's office to prevent undue adverse effects upon local aids and tax court decisions. Computing, notifying, spreading and collecting of special assessments are also functions of the assessing department. Explanation of Change: The 1992 LOGIS budget for the property data system has increased 15% due to a projected revenue shortfall. 1991 1992 Total Assessing Budget $358,739 $376,898 5.1 CITY OF EDINA ANNUAL BUDGET PAGE - 18 FUND: GENERAL - 10 FUNCTION: GENERAL GOVERNMENT AREA: ASSESSING PROGRAM: 200 - 20 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL $205,635 $230,952 $243,000 $247,314 $259,453 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 608 430 860 700 700 4202 CONTINUING EDUCATION 1,133 1,363 650 1,800 1,800 4204 DUES & SUBSCRIPTIONS 1,025 1,061 1,075 1,200 1,200 4206 MEETING EXPENSE 250 314 350 400 400 4208 MILEAGE 884 409 350 500 500 4233 DATA PROCESSING - LOGIS 26.517 31,427 31,988 31.822 36.822 30.417 35,004 35,273 36,_422 41,422 COMMODITIES: 4504 GENERAL SUPPLIES 782 950 410 1,000 1,000 782 950 410 1,000 1,000 CENTRAL SERVICES: 4802 GENERAL 53,400 58,200 60,000 60,000 61,620 4804 CITY HALL 6,000 6,000 6,240 6,240 6,360 4808 EQUIPMENT OPERATION 3,600 3,600 3,720 3,720 3,000 63,000 67,800 69.960 69,960 70,980 EQUIPMENT: 4901 REPLACEMENT 0 12,877 600 4,043 4,043 TOTAL ASSESSING S299,834 S347,583 S349,243 S358,739 S376,898 CITY OF EDINA ANNUAL BUDGET PAGE - 19 FUND: FUNCTION: AREA: LEGAL & PROGRAM: GENERAL - 10 GENERAL GOVERNMENT COURT SERVICES 220 - 20 SUMMARY OF SERVICES Legal & Court Services: The City requires the professional service of attorneys who are contracted for on an annual basis. They provide legal counsel and prepare the necessary ordinances and resolutions required to implement the wishes of the City Council. The Prosecuting Attorney defends the City in claims and suits and prosecute all cases arising out of violation of City ordinances. The following list constitutes the number of cases prosecuted in 1990: Arraignments 2,956 Pre -Trials 695 Court Trials 221 Jury Trials 146 Total 3,446 1991 1992 Total Legal & Court Services Budget $330,000 $330,000 0.0 ANNUAL BUDGET FUND: GENERAL • 10 FUNCTION: GENERAL GOVERNMENT AREA: LEGAL & COURT SERVICES PROGRAM: 220 - 22 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED CONTRACTUAL SERVICES: 4201 PROFESSIONAL - PROSECUTING 4218 PROFESSIONAL - CIVIL 4244 HENNEPIN COUNTY - COURT CHARGE 4286 BOARD & ROOM - PRISONERS TOTAL LEGAL & COURT SERVICES $170,370 191,376 29,032 60.765 $155,000 143,472 30,142 92.666 $150,000 140,000 32,000 S80.000 $130,000 92,000 32,000 76.000 S130,000 92,000 32,000 76,000 $451,543 S421,280 S402,000 $330,000 $330,000 1992 Annual Budget Public Works Public Works Overview Public Works - Distribution by Area Street Maint. (51%) Supervision (14%) Engineering (13%) P.W. Admin. (4%) Sidewalks (2%) Bridges (0%) Traffic Ctrl. (3%) St. Name Signs (2%) Street Lighting (11%) Public Works - Distribution by Expenditure Contract. Svc. (14%) Commodities (13%) Salaries (36%) Central Services (26%) Equipment (10%) CITY OF EDINA ANNUAL BUDGET PAGE - 21 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: ADMINISTRATION PROGRAM: 240 - 24 SUMMARY OF SERVICES Public Works Administration: Personal Services consist of one (1) Executive Management III and one-half (1/2) a Technical II. This department provides supervision and policy guidance over various Public Works' departments. These crews are Engineering, Streets, Utilities and Equip- ment Operation. The total permanent employment in the Public Works area is 57. The function of the City Engineer is also provided under Public Works Admin- istration. Additionally, operating City liaison to other agencies such as MNDOT, Metro Council, Hennepin County, MTC, MWCC, Watershed Board, PCA, Minnesota Board of Health and other cities is provided through this account. Total Public Works Budget 1991 1992 % $3,255,248 $3,232,653 -.7% CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: ADMINISTRATION rnuC ' 22 PROGRAM: 240 • 24 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 4204 DUES & SUBSCRIPTIONS CENTRAL SERVICES: 4802 GENERAL 4804 CITY HALL 4808 EQUIPMENT OPERATION TOTAL ADMINISTRATION S73,144 S86,077 586,900 586,989 S90,192 764 85 334 90 1,000 100 1,000 250 1,000 250 849 424 1,100 1,250 1,250 21,600 3,240 1,800 21,600 3,240 1.800 21,600 3,300 1,860 21,600 3,300 1,860 22,560 3,360 1,860 26,640 26,640 26,760 26,760 27,780 S100,633 S113,141 S114,760 S114,999 S119,222 CITY OF EDINA FUND: ANNUAL BUDGET PAGE - 23 GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: ENGINEERING PROGRAM: 260 — 26 SUMMARY OF SERVICES Engineering: Personal Services consist of one (1) Executive Management I, three (3) Technical Management IV's, three (3) Technical Management I's, one-half (1/2) Technical II and one (1) Technical I. The Engineering Department prepares plans, specifications and estimates for public construction projects. This includes street grading and surfacing, sanitary sewers, storm sewers, watermains and other structures and improvements. It supervises the construction of these projects and provides the necessary inspection to insure materials and workmanship are in accordance with project specifications. The department maintains records and files on all of the above mentioned activities and operates and maintains plan reproduction equipment. Explanation of Change: One position has been frozen in this program area. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: ENGINEERING PROGRAM: 260 - 26 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL $298,000 $298,412 $285,000 4110 OVERTIME 2,000 2.000 2,000 $251,643 $282,721 300,000 300,412 287,000 CONTRACTULL SERVICES: 4201 PROFESSIONAL SERVICES 28,372 14,158 31,448 15,000 15,000 4202 CONTINUING EDUCATION 11 818 360 600 600 4204 DUES & SUBSCRIPTIONS 60 317 150 200 200 4206 MEETING EXPENSE 287 13 300 300 300 4208 MILEAGE 0 0 0 100 100 28,730 15,306 32,258 16,200 16,200 COMMODITIES: 4504 GENERAL SUPPLIES 4,375 10,443 7,480 4,000 4,500 4570 BLUEPRINTING 5,562 3,686 6,560 4,000 4,000 4604 LUMBER & TOOLS 2,689 1,550 3.700 2.500 2,500 12,625 15,679 17,740 10,500 11,000 CENTRAL SERVICES: 4802 GENERAL 69,000 72,000 74,160 74,160 75,360 4804 CITY HALL 6,240 6,600 6,840 6,840 6,960 4808 EQUIPMENT OPERATION 11,710 11.400 11,880 11,880 11,280 86,950 90,000 92,880 92,880 93,600 EQUIPMENT: 4901 REPLACEMENT 18,214 2,841 18,000 18,209 18,209 4902 NEW 13,298 1.871 1,200 5.000 0 31,512 4,712 19,200 23,209 18,209 $411,459 S408,418 $462,078 $443,201 S426,009 TOTAL ENGINEERING CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: SUPERVISION PAGE - 25 PROGRAM: 280 THRU 281 - 2 SUMMARY OF SERVICES Supervision - 280: Personal services consist of one (1) Executive Management II, one (1) Technical Management I, and one (1) Technical III. The operations of the Public Works Department are overseen by the Public Works Superintendent. Some of the activities include: 1. maintaining a computerized vehicle management system to determine the expense of vehicle maintenance; 2. the purchasing and billing of equipment and supplies; and 3. maintaining an up-to-date inventory of the commodities used to service the City. Additionally, the Superintendent, through this account, plans and coordinates Public Works activities, maintains cost and work records and provides the training and instruction necessary to insure the men do their jobs most efficiently and effectively. Training - 281: This program provides for the personal services time and aids required to provide the necessary training. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: SUPERVISION PROGRAM: 280 THRU 281 - 28 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED SUPERVISION - 280 PERSONAL SERVICES: 4105 PAYROLL $119,375 $119,375 S123,743 4110 OVERTIME $500 500 500 S101,446 $106,803 119,875 119,875 124,243 CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 1,948 790 1,500 2,000 2,000 4204 DUES & SUBSCRIPTIONS 39 35 110 200 200 4318 GOPHER ONE STATE 0 6,360 7,500 7,500 7,500 4322 HAZ. WASTE DISPOSAL 0 0 2,000 2,750 3,750 1,987 7.185 11,110 12,450 13,450 CORRAL SERVICES: 4802 GENERAL 265,291 288,000 292,500 292,500 293,700 4806 PUBLIC WORKS BUILDING 12,900 13,200 14,280 14,280 15,336 4808 EQUIPMENT OPERATION 1,800 1,800 1,860 1,860 1,860 279,991 303,000 308,640 308.640 310,896 TOTAL SUPEERVISION $383,424 S416,988 S439,625 S440,965 S448,589 TRAINING- 281 PERSONAL SERVICES: 4105 PAYROLL SO $5,128 $4,300 $3,150 $5,000 CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 0 1,977 2.000 1,000 1,000 COMMODITIES: 4608 TRAINING AIDS 1,437 0 1,400 1,500 1,500 TOTAL TRAINING $1.437 S7,105 $7,700 $5,650 $7,500 TOTAL SUPERVISION & TRAINING $384,861 $424,093 $447,325 $446,615 $456,089 CITY OF EDINA ANNUAL BUDGET PROGRAM: FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET DEPARTMENT SUMMARY OF SERVICES Street Department PAYROLL SUMMARY - DISTRIBUTION The Street Department consists of twenty-eight (28) personnel which include the following positions: One (1) Executive Management I One (1) Technical Management II Eleven (11) Heavy Equipment Operators Fifteen (15) Light Equipment Operators Additionally, six (6) summer employees are hired to Explanation of Change: One position has been frozen in this program area. PUBLIC WORKS: TRAINING STREET MAINTENANCE: GENERAL MAINTENANCE STREET SWEEPING STREET RENOVATION SNOW & ICE REMOVAL STREET LIGHTING: REGULAR ORNAMENTAL STREET NAME SIGNS TRAFFIC CONTROL: SIGNAL MAINTENANCE PAVEMENT MARKING BRIDGES/GUARD RAILS STORM DRAINAGE LAKE & POND MAINTENANCE PUBLIC SIDEWALKS: MAINTENANCE & REPAIR SNOW & ICE REMOVAL PARKING RAMP MAINTENANCE PARKING LOTS $ 5,000 200,000 82,000 112,000 162,800 3,150 11,500 29,500 8,400 19,000 10,000 0 0 8,000 9,000 3,000 6,000 669.350 assist in various projects. CHARGE TO OTHER FUNDS: CENTRAL SERVICES: CITY HALL PUBLIC WORKS BUILDING EQUIPMENT OPERATION PARKS ENTERPRISE FUNDS 11,500 31,000 35,000 12,510 79,893 TOTAL STREET PAYROLL $839,250 CITY OF EDINA ANNUAL BUDGET FUND: FUNCTION: AREA: PROGRAM: SUMMARY OF SERVICES THIS PAGE IS INTENTIONALLY LEFT BLANK. CITY OF EDINA ANNUAL BUDGET PAGE - 29 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET MAINTENANCE PROGRAM: 301 thru 310 - 30 SUMMARY OF SERVICES General Maintenance - 301: These funds are allocated for the general repairs made to the street; i.e. crack sealing, patching, seal coating, skin coating, and curb repair. Crews totaling approximately five "man years" work on general maintenance of City street year round, weather permitting. Equipment - 305: This program provides funding for the replacement of existing equipment and the purchase of new equipment for all Public Works programs. Street Sweeping - 310: These funds are allocated for cleaning the 200 miles (800 lane miles) of City streets and 45 parking lots. Sweeping usually begins in early March, attempting to rid the streets and lots of winter sand to prevent being washed in the storm sewers. Six men are involved in the sweeping effort from early spring into the summer and begins again in the fall when leaves are swept up to prevent the clogging of catch basins. CITY OF EDINA ANNUAL BUDGET PAGE - 30 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET MAINTENANCE PROGRAM: 301 THRU 310 - 30 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED GENERAL MAINTENANCE - 301 PERSONAL SERVICES: 4105 PAYROLL $200,600 $200,600 S199,000 4110 OVERTIME 1,000 1,000 1,000 $165,196 $247,949 201,600 201,600 200,000 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 69 0 500 500 500 4226 EQUIPMENT RENTAL 737 510 350 500 500 4248 CONTRACTED REPAIR 3,240 1,666 5,300 10,000 10,000 4250 RUBBISH HAULING 3,672 6,137 5,260 4,000 4,000 4252 LIGHT & POWER 3,128 4,155 5,250 5,250 5,250 4258 WATER & SEWER SERVICES 0 0 0 1,000 1,000 4262 LAUNDRY 10,097 8,616 8,800 10,000 10,000 20,943 21,084 25,460 31,250 31,250 COMODITIES: 4504 GENERAL SUPPLIES 10,726 13,795 12,850 12,500 12,500 4520 CALCIUM CHLORIDE 1,520 0 1,000 1,000 2,000 4522 SELECT MATERIALS 143 0 300 1,000 1,000 4524 ASPHALT MIX 4,612 10,930 3,850 25,000 25,000 4526 MC 1 OIL 0 334 500 4,000 4,000 4528 CONCRETE 508 0 0 2,000 2,000 4532 CLASS V MATERIAL 272 136 500 1,000 1,000 4580 TOOLS 5,783 10,907 11,400 7,000 8,000 4642 SAFETY EQUIPMENT 2,285 6,427 4,750 5,000 6,000 25,849 42,529 35,150 58,500 61,500 CENTRAL SERVICES: 4808 EQUIPMENT OPERATION 372,000 396,000 412,980 412,980 407,580 TOTAL 6EIERAL MAINTENANCE $583,988 S707,562 $675,190 $704,330 $700,330 EQUIPMENT - 305 EQUIPMENT: 4901 REPLACEMENT $338,801 S279,652 S310,000 $310,003 $310,003 4902 NEW 0 0 10,000 10,000 0 $338,801 S279,652 $320,000 S320,003 $310,003 TOTAL REPLACEMOIT STREET SWEEPING - 310 PERSONAL SERVICES: 4105 PAYROLL S70,752 $78,530 $90,200 S90,200 S82,000 COMMODITIES: 4534 BROOMS 8,000 8,423 9,300 8,500 8,500 4536 WEARING SHOES 829 496 250 500 500 8,829 8,919 9,550 9,000 9,000 S79,581 $87,449 S99,750 $99,200 $91,000 TOTAL SiRtti WEEPING CITY OF EDINA ANNUAL BUDGET PAGE - 31 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET MAINTENANCE PROGRAM: 314 thru 320 - 30 SUMMARY OF SERVICES Street Renovation - 314: This program incorporates 15 miles of street renovations yearly. A 3 (three) step process is involved whereby 1. Cracks in the road are sealed with RC 800 oil; 2. A thin coat of asphalt is applied to bring the road to grade; and 3. A coat of RC 800 is applied on to the asphalt to rejuvenate the old asphalt and form a seal for the buck shot rock or trap rock which is applied last. Ten to 15 men are involved in street renovations working from mid -May (when road restrictions are lifted) until late August. Snow and Ice Removal - 318: Snow and ice removal in Edina constitutes a majority of the Street Department's work during the winter months. The City, which consists of 200 miles of street, 17 miles of sidewalk, 5 miles of alley, 273 cul- de-sacs, 45 parking lots and 2 parking ramps, is divided into 26 plow routes. The equipment involved in plowing includes 21 trucks with plows, 3 graders, 3 loaders and 1 sidewalk plow. Ten units are equipped with wings for more efficient plowing. Replacements - 320: These funds are allocated to contractual repairs for repair projects too large for City maintenance crews and are overseen by the Engineering Department. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET MAINTENANCE PROGRAM: 314 THRU 318 - 30 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED RENOVATION - 314 PERSONAL SERVICES: 4105 PAYROLL $94,353 $98,177 $117.000 $117,000 $112,000 CONTRACTUAL SERVICES: 4248 CONTRACTED REPAIRS 0 0 0 3,000 3,000 4249 DUMPING CHARGES 0 0 0 0 3,500 0 0 0 3,000 6,500 COMMODITIES: 4504 GENERAL SUPPLIES 1,014 6,099 2,200 1,500 2,000 4522 GRANULAR MATERIALS 21,352 25,527 27,800 25,000 25,000 4524 ASPHALT MIX 80,181 96,927 87,000 83,000 85,000 4526 MC 1 OIL 77,249 58,895 72,000 80,000 63,000 4528 CONCRETE 10,175 15,890 15,200 20,000 25,000 189,971 203.338 204,200 209,500 200,000 TOTAL RENOVATION S284,324 $301,515 S321,200 $329,500 S318,500 SNOW & ICE REMOVAL - 318 PERSONAL SERVICES: 4105 PAYROLL $142,300 S142,300 $147,800 4110 OVERTIME 15,000 15,000 15,000 $116,226 $72.795 157,300 157.300 162,800 COMMODITIES: 4504 GENERAL SUPPLIES 6,655 3,024 6,600 7,500 7,500 4520 CALCIUM CHLORIDE 1,480 1,120 1,700 2,000 2,000 4522 SAND 38,002 25,072 27,300 30,000 30,000 4538 SALT 21.950 21,669 15,400 20,000 25,000 68.087 50,885 51.000 59.500 64,500 TOTAL SNOW & ICE REMOVAL $184,313 $123,680 $208,300 $216,800 $227,300 $1,471,007 $1,499,858 S1,624,440 S1,669,833 $1,647,133 TOTAL STREET MA1NTEIIAMCE CITY OF EDINA ANNUAL BUDGET PAGE - 33 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET LIGHTING PROGRAM: 321 thru 322 - 30 SUMMARY OF SERVICES Regular Street Lighting - 321: In the City, there are 1,685 NSP owned street lights; for the most part, "over the roadway" lights attached to existing NSP service poles. The funds in this program are used for rental fees and power. Ornamental Street Lighting - 322: The City owns 558 ornamental street lights. Ornamental lights include decorative or architectural lighting that has a unique design head and pole, or in some cases, antique lighting. The City is responsible for all parts and maintenance of the lights, including underground wiring and painting of the poles. The funds in this program are expended on power parts, replacement fixtures, poles and lamps CITY OF EDINA ANNUAL BUDGET PAGE - 34 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET LIGHTING PROGRAM: 321 THRU 322 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED REGULAR - 321 SO SO $3,150 S3,150 $3,150 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4248 CONTRACTED REPAIRS 4252 LIGHT & POWER COMMEVITIES: 4540 REPAIR PARTS 500 146,247 0 167,185 500 160,000 1,000 168,000 1,000 172,000 146,747 167,185 160,500 169,000 173,000 0 0 0 500 500 $146,747 $167,185 $163,650 $172,650 $176,650 TOTAL STREET LIGHTING REGULAR ORNAMENTAL - 322 $10,430 $15.715 $12,770 S11,500 S11,500 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4248 CONTRACTED REPAIRS 4252 LIGHT & POWER COMMODITIES: 4504 GENERAL SUPPLIES 4540 REPAIR PARTS 306 125,692 0 124,954 500 138.600 1,000 138.600 1,000 138,000 125,998 124,954 139,100 139.600 139,000 5,142 2.162 10,759 3,885 7,400 1,600 6,000 6,000 7,000 6,000 7.304 14,644 9,000 12.000 13,000 S143,732 S155,313 S160,870 $163,100 $163,500 TOTAL STREET LIGHTING ORNAMENTAL $290,479 $322,498 S324,520 $335,750 S340,150 TOTAL STREET LIGHTING CITY OF EDINA ANNUAL BUDGET PAGE - 35 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: STREET NAME SIGNS/ TRAFFIC SIGNS PROGRAM: 325 — 30 SUMMARY OF SERVICES Street Name Signs/Traffic Signs - 325: The funds for this program are used for the maintenance and replacement of the City's 2,200 street name signs. These signs usually last 6 to 7 years, however, most are replaced earlier due to damages or vandalism at a rate of roughly 10% a year. The traffic sign account covers maintenance and replacement of approximately 2,500 traffic signs. CITY OF EDINA ANNUAL BUDGET PAGE • 36 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: TRAFFIC & STREET NAME SIGNS PROGRAM: 325 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED S25,349 S39,388 S30,895 S31,500 S29,500 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 0 500 500 500 6,997 11,600 400 11,134 15,273 2,849 13,490 21,785 500 7,500 12,000 500 7,500 15,000 1,000 COMMODITIES: 4504 GENERAL SUPPLIES 4542 SIGNS & POSTS 4544 PAINT 18,997 29,256 35,775 20,000 23,500 S44,346 568,644 S67,170 S52,000 S53,500 TOTAL STREET NAME SIGNS CITY OF EDINA FUND: GENERAL - 10 ANNUAL BUDGET FUNCTION: PUBLIC WORKS AREA: TRAFFIC CONTROL PAGE - 37 PROGRAM: 330 THRU 335 - 3( SUMMARY OF SERVICES Traffic Signal Maintenance - 330: The City owns and maintains six traffic signal systems, and in conjunction with the State, maintains an additional six signal systems. Electronic maintenance is performed down to the component level on all printed circuit boards. Ninety percent of the funds from this account are applied toward light and power with the remaining 10% directed towards parts, back-up equipment and test equipment. Pavement Marking - 335: The City sign shop, which is responsible for pavement marking, consists of 2 men, 1 truck, 2 stripers, and 1 trailer. The bulk of the funds for this account are directed towards the following projects: Pro.iect - Center line striping of State aid streets - Lane striping - Painting legends & arrows on pavement and parking lots; and 70 school crossings Materials Used 450 gallons paint 250 gallons paint 50 gallons paint Additionally, the sign shop is responsible for striping the City's 45 parking lots and painting the center line and messages on Cornelia and Bredeson Park walking paths. Also, the 4544 line item now includes permanent pavement marking materials. We have found that some high traffic areas and concrete streets do not hold paint very well. We have changed to different materials which last longer. CITY OF EDINA ANNUAL BUDGET • FUND: GENERAL • 10 FUNCTION: PUBLIC WORKS AREA: TRAFFIC CONTROL PROGRAM: 330 THRU 335 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED TRAFFIC SIGNAL MAINTENANCE•330 $5,143 S8,298 $8,400 $8,400 S8,400 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4248 CONTRACTED REPAIRS 4252 LIGHT & POWER 4274 EQUIPMENT MAINTENANCE COMMODITIES: 4504 GENERAL SUPPLIES 4540 REPAIR PARTS TOTAL TRAFFIC SIGNAL MAINTOIAYCE PAVEMENT MARKING • 335 0 27,744 2.470 0 41,704 8,486 0 34,000 4,600 500 34,000 10,000 500 40,000 10,000 30,214 50,190 38,600 44,500 50,500 1,298 807 391 1,367 450 2.000 1,000 3.000 1,000 3,000 2,105 1,758 2,450 4,000 4,000 $37,462 $60,246 S49,450 $56,900 S62,900 $16,520 $14,806 $12,820 $18,800 $19,000 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 0 0 500 500 712 5,457 4,431 7,228 900 11,040 2,000 12,000 2,000 12,000 COMMODITIES: 4504 GENERAL SUPPLIES 4544 PAINT & PAVEMENT MARKING TOTAL PAVEMENT MARKING TOTAL TRAFFIC CONTROL 6,169 11,659 11,940 14,000 14,000 S22,689 $26,465 $24,760 $33,300 $33,500 $60,151 S86,711 $74,210 S90,200 $96,400 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: BRIDGES/ GUARD RAILS PAGE - 39 PROGRAM: 343 - 30 SUMMARY OF SERVICES Bridges/Guard Rails - 343: The sign shop is responsible for the sanding, priming and painting of bridge rails and guideposts. There are 18 bridges and culverts in the City. Major deck repairs are taken care of by outside contractors. Additionally, there are numerous guard rail locations throughout the City requiring periodic maintenance. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL • 10 FUNCTION: PUBLIC WORKS AREA: BRIDGES/ GUARD RAILS PROGRAM: 343 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED BRIDGES/GUARD RAILS • 343 $5,163 $4,376 S8,000 $13,600 S10,000 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4226 EQUIPMENT RENTAL 0 0 0 500 500 474 1,431 3,515 508 2,000 1,000 3,000 2,000 3,000 2,000 COMODITIES: 4504 GENERAL SUPPLIES 4546 GUARD RAIL MATERIAL TOTAL BRIDGES/GUARD RAILS 1,905 4,023 3,000 5,000 5,000 57,068 58,399 $11,000 S19,100 $15,500 CITY OF EDINA FUND: GENERAL - 10 ANNUAL BUDGET FUNCTION: PUBLIC WORKS AREA: STORM DRAINAGE PAGE - 41 PROGRAM: 345 - 30 SUMMARY OF SERVICES Storm Drainage: Maintenance to the City's 85 miles (approx.) of storm sewer and 2,500 (approx.) catch basins occurs on a demand basis with 60% of the funds going towards rebuilding deteriorated storm sewer catch basins and man- holes. Replacing and/or relocating broken or deteriorated pipe or culvert constitutes 20% of the funds, with the remaining 20% allocated for purchase of castings, rip -rap and the maintenance, repairs, and the power and lights for storm lifts. Temporary drainage funds are utilized on an as needed basis for emergency pumping and sandbagging during heavy storms and spring thaw. Explanation of Change: This area was placed in the storm utility fund in 1989. CITY OF EDINA ANNUAL BUDGET 42 rnuc - CITY OF EDINA ANNUAL BUDGET PAGE - 43 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: LAKES & PONDS PROGRAM: 358 - 30 SUMMARY OF SERVICES Lake and Pond Maintenance - 358: Funds for this account are applied towards aquatic weed control in the City lakes, creeks and ponds in 22 locations. Methods for control include the application of weed killers and/or dredging. Larger projects are taken care of by contracted services. Millpond and Indianhead Lake are neighborhood supported. Explanation of Change: This area was placed in the storm utility fund in 1989. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: LAKES AND PONDS PROGRAM: 358 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4252 LIGHT AND POWER 4310 LICENSES AND PERMITS SO SO SO SO SO 2,631 0 100 0 0 0 0 0 0 0 0 0 0 0 0 2,731 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COMMODITIES: 4504 GENERAL SUPPLIES 4548 RIP -RAP, HEADWALLS & SPECIAL STRUCTURES TOTAL LAKES & PONDS 0 0 0 0 0 52,731 SO SO SO SG CITY OF EDINA FUND: ANNUAL BUDGET PAGE - 45 GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: SIDEWALKS - RAMPS PARKING LOTS SUMMARY OF SERVICES PROGRAM: 365 THRU 375 - 30 Sidewalks - Maintenance and Repair - 365: Maintenance and repairs for the City's 17 miles of sidewalk begin in the early spring with the sweeping of winter sand and proceed through the summer and fall with maintenance on an as needed basis by the City street crews. Sidewalks - Snow & Ice Removal - 370: Removal of snow from the City's 17 miles of sidewalk is another responsibility of the street department. One snow plow/blower is used to accomplish this task. Under normal conditions it takes 3 to 5 days to clear walks. Parking Ramp Maintenance - 375: The City owns 3 parking ramps in downtown Edina. Each ramp consists of 3 levels with 302 spaces in the south ramp and 274 spaces in the north ramp and 150 in the newest north ramp. The funds from this account are allocated towards plowing, sweeping, lighting, and cleaning supplies and contractual services. Explanation of change: $10,000 of the parking ramp maintenance costs will be assessed against the. 50th & France Business Association. CITY OF EDINA ANNUAL BUDGET PAGE • 46 FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: SIDEWALKS - RAMPS PARKING LOTS PROGRAM: 365 THRU 375 • 30 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED SIDEWALKS • MAINTENANCE & REPAIR • 365 PERSONAL SERVICES: 4105 PAYROLL $2,773 $4,149 $8.400 S8,400 $8,000 COMMODITIES: 4504 GENERAL SUPPLIES 1,140 1,406 2,000 2,000 2,000 4518 FILL 1,052 273 1,000 1,000 1,000 4524 BLACKTOP 0 404 1,000 1,000 1,000 4528 CONCRETE 1,207 599 1,000 1,000 2,000 3,399 2,682 5,000 5,000 6,000 TOTAL SIDEWALK - MAINTENANCE & REPAIR $6,172 $6,831 513,400 S13,400 $14,000 SIDEWALKS • SNOW & ICE REMOVAL - 370 PERSONAL SERVICES: 4105 PAYROLL $7,000 $7,000 $7,000 4110 OVERTIME 2,000 2,000 2,000 $5,776 $2,211 9.000 9.000 9,000 COMMODITIES: 4504 GENERAL SUPPLIES 500 0 500 500 500 TOTAL SIDEWALK - SNW & ICE REMOVAL $6,276 $2,211 $9,500 S9,500 S9,500 PARKING RAMP MAINTENANCE - 375 PERSONAL SERVICES: 4105 PAYROLL $3,700 $3,700 $2,000 4110 OVERTIME 2.000 2,000 1,000 S11,870 $7,404 5.700 5,700 3,000 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 250 4,000 4,000 4,000 4252 LIGHT AND POWER 21,827 30,831 27,000 27,000 23,000 21.827 31,081 31.000 31,000 27,000 COMMODITIES: 4504 GENERAL SUPPLIES 2,918 544 2,000 2,000 2,000 4512 CLEANING SUPPLIES 214 0 400 400 400 4540 REPAIR PARTS 8.964 2,156 2.000 2,000 3,000 12,096 2,700 4,400 4.400 5,400 TOTAL PARKING RAMP MAINTENANCE $45.793 S41,185 $41,100 $41,100 S35,400 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC WORKS AREA: SIDEWALKS - RAMPS PARKING LOTS PAGE - 47 PROGRAM: 380 - 30 SUMMARY OF SERVICES Parking Lot Maintenance - 380: Funds for this program are directed toward maintaining the City's parking lots. Maintenance includes sweeping, plowing and striping of the lots and is accomplished by the street department. CITY OF EDINA ANNUAL BUDGET FUND: cNERAL - 10 FUNCTION: PUBLIC WORKS AREA: SIDEWALKS - RAMPS PARKING LOTS HAUL - 4S PROGRAM: 380 - 30 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PARKING LOT $1,680 $1,085 $5,800 $5,800 S6,000 MAINTENANCE - 380 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 622 500 500 500 200 0 2,193 - 0 144 0 271 0 150 500 8,000 0 250 1,000 10,000 2,000 250 1,000 10,000 2,000 COMMODITIES: 4504 GENERAL SUPPLIES 4522 SAND, GRAVEL, & ROCK 4524 BLACKTOP 4526 ROAD OIL TOTAL PARKING LOTS TOTAL SIDEWALKS - RAMPS & PARKING LOTS 2,393 415 8,650 13,250 13,250 4,073 2,122 14,950 19,550 19,750 S62,314 $52,349 $78,950 S83,550 $78,650 1992 Annual Budget Public Safety Public Safety Overview Public Safety - Distribution by Area Inspections (4%) Fire (33%) Public Safety - Distribution by Expenditure Salaries (67%) Contract. Svc. (5%) Equipment (5%) Commodities (1%) Central Services (21 %) CITY OF EDINA FUND: ANNUAL BUDGET PAGE - 49 GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: POLICE PROTECTION PROGRAM: 420 thru 430 - 42 SUMMARY OF SERVICES Police Personal services consist of three -fourths (3/4) of an Executive Management III, one (1) PS Management III, four (4) PS Management II's, seven (7) PS Management I's, two (2) PS General II's, one (1) Technical Management II, three (3) Technical II's, thirty (36) bargaining employees, police dispatchers and community service officers. The City of Edina Police Department is called upon to perform many emerg- ency and public service tasks throughout the year. In 1990, the department responded to over 20,000 calls for service which involved medicals, fires, emergencies, accidents, animal control problems, vehicle and residential lockouts, thefts, damage to property, suspicious persons & vehicles, alarm responses as well as public service and educational activities. The City reported approximately 1,700 major Part I crimes such as burglary, robbery, assault, etc., with an additional 1,100 misdemeanor or lessor crimes also reported. Police respond to emergency calls within five minutes and to non -emergency calls within ten minutes under normal conditions. The Police Department is also responsible for educating the public in crime prevention techniques, investigation of all felony crimes against persons and, where warranted, other crimes as well. Over 80% of the total Police budget is directly or indirectly spent on labor. Labor is distributed with 79% dedicated to patrol functions, 15% for investigations and 6% for administration. The Police Department operates 1,095 shifts, 7 days a week, 24 hours per day and maintains an average patrol strength of 5.2 officers at any given time. Explanation of Changes: - One position has been frozen in this program area - A $13,000 decrease in the data processing area reflects the change from LOGIS to our own computer system. CITY OF EDINA ANNUAL BUDGET PAGE - 50 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: POLICE PROTECTION PROGRAM: 420 thru 430 - 42 SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED POLICE SERVICES - 420 PERSONAL SERVICES: 4105 PAYROLL $2,328,600 S2,328,531 $2,414,233 4110 OVERTIME 40.000 37,500 37 500 $2,089,325 $2,302,420 2,368,600 2,366,031 2,451,733 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 3,757 7,167 3,564 2,000 2,000 4202 CONTINUING EDUCATION 16,409 19,308 16,500 12,110 12,110 4204 DUES & SUBSCRIPTIONS 1,010 748 1,800 650 650 4206 MEETING EXPENSE 354 532 480 350 350 4208 MILEAGE 4,333 4,890 360 300 300 4226 EQUIPMENT RENTAL 25,539 26,606 8,840 28,300 28,300 4233 DATA PROCESSING-LOGIS 43,115 48,292 38,520 38,000 25,000 4262 LAUNDRY 147 294 262 500 500 4266 UNIFORM ALLOWANCE 32,751 33,709 38,356 28,000 28,000 4268 TELETYPE SERVICE 1,110 1,372 1,320 2,320 2,320 4274 EQUIPMENT MAINTENANCE 2,255 3,486 1,555 11,380 11,380 4283 RANGE RENTAL 3,000 3,000 3,000 3,000 3,000 4288 SERVICE CONTRACT -EQUIP. 8.290 19,029 7,762 11,700 11,700 142,068 168.433 122�319 138,610 125,610 COMMODITIES: 4502 BOOKS AND PAMPHLETS 986 2,391 3,660 1,000 1,000 4504 GENERAL SUPPLIES 8,365 10,500 8,520 5,300 5,300 4508 PHOTOGRAPHIC SUPPLIES 1,972 3,779 2,800 2,700 2,700 4510 FIRST AID SUPPLIES 37 30 260 350 350 4572 AMMUNITION 7,151 7,398 4,772 7,600 7,600 4600 PRINTING 4,992 10,649 12,110 6,500 6,500 4642 SAFETY EQUIPMENT 1,097 1,556 1,184 1.100 1,100 S24,600 S36.303 $33,306 524,550 S24,550 CITY OF EDINA ANNUAL BUDGET PASTE - 51 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: POLICE PROTECTION PROGRAM: 420 thru 430 - 42 SUMMARY OF SERVICES Total Police Budget 1991 1992 % $3,506,088 $3,608,682 2.9 Reserve Program - 430: The reserve program is comprised of the Senior Police Reserve (8 members), Explorer Post 925 (20 members), the Edina Police Reserve (12 members) and the Police Senior Volunteers (7 members). Senior Police Reserves perform 640 hours of contract work ranging from crime prevention to personnel recruiting. Explorer Post 925 contributes approximately 2,000 hours of public services to various community events and programs. This is in response to career orientation and training provided by the Police Department. The Edina Police Reserve serves the community in excess of 1,800 hours annually. They perform work during special events and provide non -emergency service work and patrol. The Police senior volunteers work four hours a day, five days a week for a total of 1,000 hours annually. Telephone answering, receptionist work and other administrative tasks are performed. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: POLICE PROTECTION PAGE - 52 PROGRAM: 420 thru 430 - 42 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1969 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED CENTRAL SERVICES: 4802 GENERAL 4804 CITY HALL 4808 EQUIPMENT OPERATION EQUIPMENT: 4901 REPLACEMENT 4902 NEW TOTAL POLICE SERVICES RESERVE PROGRAM - 430 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 4206 MEETING EXPENSE 4266 UNIFORM ALLOWANCE COMMODITIES: 4504 GENERAL SUPPLIES EQUIPMENT: 4901 REPLACEMENT TOTAL RESERVE PROGRAM TOTAL POLICE PROTECTION $542,400 44,160 127,800 714,360 121,176 0 121,176 $3,091,529 S10,100 3,083 26 2,746 5,855 106 0 S16,061 $3,107,590 $570,000 45,600 135,600 751,200 108,222 1,559 109,781 $3,368,137 $12,100 3,044 994 2,387 6,425 351 0 $18,876 $3,387,013 $602,700 47,160 143,100 792,960 136,000 0 136,000 $3.453,185 $13,200 2,950 700 2,238 5,888 622 367 $20,077 $3,473,262 $602,700 47,160 143,100 792,960 162,287 0 162,287 S3,484,438 S14,850 3,000 1,000 2,000 6,000 300 500 S21,650 $3,506,088 $614,700 48,192 159,960 822,852 162,287 0 162,287 S3,587,032 $14,850 3,000 1,000 2,000 6,000 300 500 S21,650 $3,608,682 CITY OF EDINA ANNUAL BUDGET PAGE - 53 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: CIVILIAN DEFENSE PROGRAM: 460 — 46 SUMMARY OF SERVICES Civilian Defense: Personal Services consist of one-fourth (1/4) the time of an Executive Management III. This is a cumulative estimate of Police department time of the Director, Coordinator and administrative specialists. The objective of the Civilian Defense program is to prepare the community for disasters or emergencies - natural or man-made. This is accomplished by compliance with Federal, State and County guidelines for emergency preparedness planning. Action plans are developed and practiced at the City level. This activity coupled with ten air warning sirens, ensures the operation of government and the maintenance of emergency services during disasters. Total Civilian Defense Budget 1991 1992 % $27,214 $27,761 2.0 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL • 10 FUNCTION: PUBLIC SAFETY AREA: CIVILIAN DEFENSE PAGE - 54 PROGRAM: 460 - 46 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4202 CONTINUING EDUCATION 4204 DUES & SUBSCRIPTIONS 4252 LIGHT AND POWER 4256 TELEPHONE 4266 UNIFORM ALLOWANCE COIIODITIES: 4504 GENERAL SUPPLIES EQUIPMENT: 4901 REPLACEMENT TOTAL CIVILIAN DEFENSE S14,500 0 805 35 1,876 31 0 2, 747 0 10,288 S27,535 $22,514 580 352 45 864 0 0 1,841 477 0 S24,832 S26,000 500 300 45 798 0 0 1,643 500 0 S28,143 S18,250 1,000 300 45 675 90 0 2,110 1,000 5,854 S27,214 S18,797 1,000 300 45 675 90 0 2,110 1,000 5,854 S27,761 CITY OF EDINA FUND: GENERAL - 10 ANNUAL BUDGET FUNCTION: PUBLIC SAFETY AREA: ANIMAL CONTROL PAGE - 55 PROGRAM: 470 — 47 SUMMARY OF SERVICES Animal Control: Personal services consist of one (1) Public Safety General II. Animal control is provided 16 hours per day by augmenting the one Animal Control Officer with CSO's responding to calls for service. Animal control is a function of the Police Department. The Animal Control Officer is responsible for the enforcement of the City's animal -related ordinances and also assists City residents with animal control problems, both wild and domestic. Approximately 3,000 calls for service are responded to annually. Priorities for animal control are the safety and protection of persons, the well- being of the City's animal population, and protection of property. Total Animal Control Budget 1991 1992 % $56,675 $57,482 1.4 CITY OF EDINA ANNUAL BUDGET PAGE. - 56 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: , PROGRAM: ANIMAL CONTROL 470 - 47 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION PERSONAL SERVICES: 4105 PAYROLL 4110 OVERTIME CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4278 KENNEL SERVICES COMMODITIES: 4504 GENERAL SUPPLIES CENTRAL SERVICES: 4802 GENERAL 4808 EQUIPMENT OPERATION EQUIPMENT: 4901 REPLACEMENT TOTAL ANIMAL CONTROL 1909 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED S27,223 331 4.656 4,987 2,113 7,200 3.600 10.800 2,493 S47,616 S30,418 264 5.428 5.692 3.019 7,800 3.600 11,400 12.102 S62,631 S27,500 $1.500 29.000 300 5,300 5,600 3,000 8,100 3.780 11.880 0 S49,480 S28,895 1,500 30,395 650 5,500 6,150 3.000 8,100 3,780 11,880 5.250 S56,675 S29,762 1,500 31,262 650 5,500 6,150 3,000 8,400 3.420 11,820 5.250 S57,482 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: FIRE PROTECTION PAGE - 57 PROGRAM: 440 - 44 SUMMARY OF SERVICES Fire: Personal Services consist of one (1) Management III, two (2) PS Management III's, three (3) PS Management I's, three (3) F.M.O.'s, twelve (12) Paramedics, five (5) Inspectors, three (3) Firefighters, one (1) Technical III, one-half (1/2) time Clerical and fourteen (14) Volunteer Firefighters. Services are provided in four primary areas: fire suppression, hazardous materials response, emergency medical services and fire prevention. The primary purpose of fire suppression is to provide an immediate response to protect lives, property and the environment from fire and other life -threatening conditions, such as hazardous materials spills/release. This response should place the first pumper on the scene within 7 minutes at least 90% of the time. Typical actions are search, rescue, and removal of persons in immediate danger, interior fire attack to stop fire development, exterior fire streams to prevent fire extension, fire extinguishment and necessary measures to minimize property damage by smoke, water, weather and release of hazardous materials. Equipment consists of three (3) pumpers, one (1) aerial tower and support vehicles. In 1990, 610 fire responses included fires (structure, vehicles, outside) and public service emergency calls. Fire calls have averaged around 700 for the past ten years. The purpose of Emergency Medical Services (EMS) is to provide an immediate and advanced life support response to the community's medical emergencies resulting from accident, sudden illness or injury, and place an ambulance on the scene within 7.0 minutes at least 90% of the time. Equipment consists of two (ALS) paramedic ambulances. Services provide both immediate emergency care and transportation to metro -area hospitals. Paramedics are cross -trained as firefighters, and all firefighters are cross -trained to emergency medical technician level. Emergency medical services also include public information programs and training to better prepare citizens to prevent or react to emergency medical situations. In 1990, medical calls totalled 2,159. The trend in emergency calls is upward, increasing at an average rate of 155 calls per year. The goal of fire prevention activities is two -fold: first, to prevent fire ignition whenever possible, and second, when fires do occur, to minimize fire impact on lives and property by early fire detection, automatic fire suppression, and limit fire extension with building compartmentation; also maximize citizen survival by teaching proven fire safety techniques. All Fire Department personnel are involved in public information programs and annual inspection activities. Fire Inspectors typically make the specialized permit and approval inspections. CITY OF EDINA ANNUAL BUDGET PAGE - 58 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: FIRE PROTECTION PROGRAM: 440 - 44 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL 1,344,000 $1,334,811 $1,395,413 4110 OVERTIME $100,000 94,000 74,000 $1,337,146 $1,452,594 1,444,000 1,428,811 1,469,413 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 3,942 16,158 3,900 2,000 2,000 4202 CONTINUING EDUCATION 9,818 12,922 11,798 8,250 8,250 4204 DUES & SUBSCRIPTIONS 1,333 1,028 1,364 1,000 1,000 4206 MEETING EXPENSE 866 361 1,150 500 500 4208 MILEAGE 74 0 190 200 200 4226 EQUIPMENT RENTAL 2,654 1,714 4,066 2,800 2,800 4233 DATA PROCESSING 3,356 1,215 1,700 4,000 5,000 4246 PHYSICAL EXAMINATION 74 184 0 0 0 4248 CONTRACTED REPAIRS 10,451 7,363 3,052 14,700 14,700 4250 RUBBISH REMOVAL 998 1,880 1,464 600 600 4252 LIGHT AND POWER 8,798 11,017 8,595 10,000 10,000 4254 HEAT 5,407 5,968 5,910 8,000 8,000 4258 SEWER AND WATER 600 27 400 800 800 4262 LAUNDRY 2,337 2,673 2,442 2,700 2,700 4266 UNIFORM ALLOWANCE 7,034 7,977 10,640 9,600 9,600 4274 PREVENTATIVE MAINTENANCE 5,762 3,695 3,725 2,300 2,300 4310 LICENSES AND PERMITS 192 40 100 200. 200 63,696 74,222 60,496 67,650 68,650 COMMODITIES: 4502 BOOKS AND PAMPHLETS 287 638 1,070 400 400 4504 GENERAL SUPPLIES 7,883 11,912 6,224 10,700 10,700 4508 PHOTOGRAPHIC SUPPLIES 371 94 180 900 900 4510 FIRST AID SUPPLIES 10,280 12,046 9,276 11,000 11,000 4512 CLEANING SUPPLIES 737 925 875 800 800 4516 OFFICE SUPPLIES 778 899 820 800 800 4540 REPAIR PARTS 4,135 2,664 2,265 2,300 2,300 4570 HAZARDOUS MATERIALS 632 847 750 2,000 2,000 4574 PROTECTIVE CLOTHING 1,197 2,947 3,300 4,000 4,000 4580 TOOLS 49 501 800 900 900 4608 TRAINING AIDS 529 757 926 2,000 2,000 4650 FIRE PREVENTION 1,770 1,049 1,100 1,300 1,300 $28,648 $35,279 $27,586 $37,100 $37,100 CITY OF EDINA ANNUAL BUDGET PAGE - 59 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: FIRE PROTECTION PROGRAM: 440 - 44 SUMMARY OF SERVICES Explanation of change: A $20,000 decrease in the overtime area is proposed. Total Fire Budget 1991 1992 % $2,060,827 $2,119,869 2.9 ANNUAL BUDGET F EDINA FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: FIRE PROTECTION PROGRAM: 440 - 44 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED CENTRAL. SERVICES: 4802 GENERAL 4808 EQUIPMENT OPERATION DWI PNENT: 4901 REPLACEMENT 4902 NEW TOTAL FIRE PROTECTION S314,400 45,600 S330,000 48,000 S341,900 55,000 S341,712 50,400 $351,312 58,240 360,000 378,000 396.900 392,112 409,552 88,910 25,654 54,811 1,736 24,400 0 135,154 0 135,154 0 114,564 56,547 24,400 135,154 135,154 $1,904,054 $1,996,642 $1,953,382 $2,060,827 $2,119,869 CITY OF EDINA ANNUAL BUDGET PAGE - 61 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: PUBLIC HEALTH PROGRAM: 480 — 48 SUMMARY OF SERVICES Public Health: Personal services consist of one (1) Executive Management II, one (1) Technical Management IV, one third (1/3) a Technical Management III, one fourth (1/4) a Technical II, and one half (1/2) a Technical I. The Health Department inspects food establishments, investigates foodborne illness reports, inspects public swimming pools, investigates nuisance complaints, investigates housing complaints, responds to concerns about the Minnesota Clean Indoor Air Act and provides laboratory support for food and water analysis. The department contracts for personal public health services such as home health care, family health, health promotion, and disease prevention and control. The cost of the contracted services are as follows: Home Health Care Family Health Health Promotion Disease Prevention and Control Total $75,464 30,697 11,511 10.232 $127,904 The Health Department provides staff support for the Edina Community Health Services Advisory Committee and administers the development and implementation of the Edina Community Health Service biannual plan. The Department administers the City properties refuse collection contract and serves as a resource for City employees' occupational health and safety. In 1990, the Department performed 211 food establishment inspections, 686 swimming pool inspections, 79 nuisance investigations, 2 Minnesota Clean Indoor Air complaint investigations, 10 housing complaint investigations and analyzed 6,280 food and water samples for 10 local units of government. 1991 1992 Total Health Budget $306,667 $324,280 5.7 Explanation of Change: The personal public health service contract with Bloomington was awarded at $125,397 for 1991. The 1991 contract was $7,914 over budget. The proposed contract contract cost of $127,904 reflects a 2.0% increase. CITY OF EDINA ANNUAL BUDGET PAGE - 62 FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: PUBLIC HEALTH PROGRAM: 480 - 48 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4202 CONTINUING EDUCATION 4204 DUES & SUBSCRIPTIONS 4208 MILEAGE 4262 LAUNDRY COMMODITIES: 4504 GENERAL SUPPLIES 4508 PHOTOGRAPHIC SUPPLIES 4600 PRINTING CENTRAL SERVICES: 4802 GENERAL 4804 CITY HALL 4806 PUBLIC WORKS BUILDING 4808 EQUIPMENT OPERATION EQUIPMENT: 4901 REPLACEMENT TOTAL PUBLIC HEALTH 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED $101,571 99,590 1,003 269 1,356 113 102,331 5,880 6 104 5.990 37,800 3,240 4,740 3,600 49.380 2,984 $262,255 $120,043 112,295 1,166 255 1,416 112 115,244 9,048 14 77 9.139 38,400 3,240 4,800 4.200 50.640 0 $295,066 $125,000 115,750 1,556 150 966 115 118.537 2,000 42 394 2.436 38,880 3,360 4,920 4,380 51.540 0 S297,513 $125,358 117,483 1,100 225 900 115 119.823 2,700 40 50 2.790 38,880 3,360 4,920 4.380 51,540 7.156 $306,667 $131,482 127,904 1,100 225 900 115 130,244 2,700 40 50 2,790 40,080 3,420 5,328 3,780 52,608 7.156 S324,280 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: INSPECTIONS PAGE - 63 PROGRAM: 490 - 49 SUMMARY OF SERVICES Inspections: Personal services consist of one (1) Executive Management II, two (2) Technical Management II's, one (1) Technical I, and part time help. The Inspections Department issues 900 buildingpermits per year. They also enforce the Uniform Building Code, the State Building Code and make over 8,500 inspections a year. The department also issues over 900 plumbing permits and 1,200 mechanical permits per year. The Building Department also receives several complaint calls per week from residents which are investigated promptly. Total Inspections Budget 1991 1992 % $260,673 $265,819 2.0 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PUBLIC SAFETY AREA: INSPECTIONS PROGRAM: 490 - 49 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL S184,717 $197,129 $196,O2O $182,122 $183,9O0 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 490 4,341 3,200 2,500 2,500 4202 CONTINUING EDUCATION 2,261 2,211 1,560 2,400 2,400 4204 DUES & SUBSCRIPTIONS 308 608 200 500 500 4208 MILEAGE 120 50 25 100 100 3,178 7,210 4,985 5,500 5,500 COMITIES: 4502 BOOKS AND PAMPHLETS 250 79 50 500 500 4504 GENERAL SUPPLIES 1,496 2,404 500 600 600 4600 PRINTING 0 0 800 1,000 1,000 1,746 2,483 1,350 2,100 2,100 CENTRAL SERVICES: 4802 GENERAL 44,400 46,800 48,960 48,960 52,560 4804 CITY HALL 7,080 7,200 7,480 7,480 7,608 4808 EQUIPMENT OPERATION 7,200 7,200 7,440 7,440 7,080 58,680 61,200 63,880 63,880 67,248 EQUIPMENT: 4901 REPLACEMENT 0 12,289 11,200 7,071 7,071 4902 NEW 8,043 14,226 0 0 0 8,043 26,515 11,200 7,071 7,071 TOTAL INSPECTIONS $256,364 $294,537 $277,435 $26O,673 $265,819 1992 Annual Budget Park & Recreation Park & Recreation Overview Park & Recreation - Distribution by Area Maintenance (71%) Recreation (7%) Administration (22%) Park & Recreation - Distribution of Expenditure Contract. Svc. (15%) Commodities (9%) Salaries (48%) Equipment (5%) VJ. enral Servces (23%) CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: ADMINISTRATION PAGE - 65 PROGRAM: 600 - 60 SUMMARY OF SERVICES Administration: Personal Services consist of one (1) Executive Management III, one (1) Executive Management I, three (3) Technical Management III's, one (1) Technical II, one-third (1/3) of a Technical III and part-time help. Responsibility is to administer and maintain the entire Park and Recreation Department, including 37 parks totaling 1,200 acres of park property; revenue facilities (Golf Course, Arena, Swimming Pool, Art Center, Gun Range, Edinborough Park, and Centennial Lakes Park); administering a senior citizen's center and programing it; adaptive recreation program, administering and scheduling adult and youth recreational programs and eleven athletic associations (Baseball Association, Basketball Association, Girls' Athletic Association, Youth softball Association, Swim Club, Wrestling Association, Figure skating Club, Football Association and Soccer Association), and working closely in operation and administration of the Edina Garden Council, the Edina Historical Society and the Edina Museum. 1991 1992 96 Total Park & Recreation Budget $1,725,032 $1,715,774 -.5 ANNUAL BUDGET • Y OF EDINA FUND: FUNCTION: AREA: PROGRAM: GENERAL - 10 PARK & RECREATION ADMINISTRATION 600 - 60 SUMMARY OF EXPENDITURES 1991 1969 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL $224,163 $239.277 $270,000 $269,518 5276,_606 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 38,714 29,659 8,354 5,000 5,000 4202 CONTINUING EDUCATION 3,722 5,485 5,300 3,300 3,300 4204 DUES & SUBSCRIPTIONS 1,917 1,465 3,432 1,200 1,200 4208 MILEAGE 2,486 1.513 2,055 1.000 1,000 46.839 38.122 19.141 10.500 10,500 COTNN>DITIES: 4502 BOOKS & PAMPHLETS 10 20 60 100 100 4504 GENERAL SUPPLIES 660 658 3,436 1,000 1,000 4516 OFFICE SUPPLIES 291 236 500 500 500 4600 PRINTING 390 6,542 10,906 1,000 1,000 1,351 7.456 14,902 2,600 2,600 CENTRAL SERVICES: 4802 GENERAL 66,000 66,050 69,120 69,120 70,320 4804 CITY HALL 14,520 14,950 15,600 15,600 15,900 4808 EQUIPMENT OPERATION 3,600 4.200 4.380 4,380 4,860 84,120 85.200 89,100 89.100 91,080 EQUIPMENT: 4901 REPLACEMENT 3,751 2.077 0 1.914 1,914 TOTAL ADMINISTRATION $360,224 $372,132 $393,143 $373,632 $382,700 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL — 10 FUNCTION: PARK & RECREATION AREA: RECREATION PAGE - 67 PROGRAM: 621 THRU 623 - 62 SUMMARY OF SERVICES Athletic Activities - 621: These funds are used for recreational program equipment for 493 T-ball participants, eleven athletic associations and all adult programs. The eleven athletic associations are: Edina Baseball Association, Edina Basketball Association, Edina Girl's Athletic Association, Edina Hockey Association, Edina Gymnastics Association, Edina Youth Softball, Edina Swim Club, Edina Wrestling Association, Braemar City of Lakes Figure Skating Club, Edina Football Association, & Edina Soccer Association Skating and Hockey - 622: These funds are used for all supervision, general supplies, and equipment for eleven warming houses, ten hockey rinks and general skating. This consists of a ten week season, seven days a week from December 15 to February 15 and can stay open longer - weather permitting. Tennis Instruction - 623: These funds are used for supervision and instruction for 384 students, and tennis nets and supplies for 44 tennis courts. CITY OF EDINA ANNUAL BUDGET PAGE • 68 FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: RECREATION PROGRAM: 621 THRU 623 - 62 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION ATHLETIC ACTIVITIES • 621 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4208 MILEAGE 1909 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED COTMIODITIES: 4504 GENERAL SUPPLIES TOTAL ATHLETIC ACTIVITIES SKATING & HOCKEY • 622 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES COMMODITIES: 4504 GENERAL SUPPLIES TOTAL SKATING & ROCKET TENNIS INSTRUCTION • 623 PERSONAL SERVICES: 4120 PAYROLL COMMODITIES: 4504 GENERAL SUPPLIES TOTAL TENNIS INSTRUCTION $2,922 0 3 3 5,085 $8,010 $22,820 4.982 330 $28.132 $8,116 1.774 $9.890 S4.255 86 0 86 6.260 $10,601 $21,142 9.328 730 $31,200 $3.070 2,945 S6,015 $2,192 80 82 162 7.350 $9,704 S23,000 2,500 1.000 $26.500 S8.000 2,415 $10.415 S2,000 100 100 200 7,500 $9,700 $23.000 2,500 600 $26.100 S8.000 2.000 $10.000 52,000 100 100 200 7,500 $9,700 $23,000 2,500 600 $26,100 $8.000 2.000 $10.000 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: RECREATION PAGE - 69 PROGRAM: 624 THRU 625 - 62 SUMMARY OF SERVICES Playgrounds - 624: These funds are used for the operation of 13 playground programs, a traveling puppet trailer, and general supplies. Swimming Instruction - 625: These funds are used for the busing of 1,000 students to the municipal pool and for swimming instruction of them. Recreational Participant Programs: Revenues for the T-ball program, swimming instruction program, the tennis instruction program, and the playground program are all based on increases and decreases depending on the number of participants in each program. Program 1990 1991 T-ball 455 220 Tennis Instruction 637 544 Swimming Instruction 725 621 Playground 542 508 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: RECREATION PROGRAM: 621 THRU 628 - 62 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PLAYGROUND & THEATER - 624 S14,927 $16,242 S14,750 S14,000 $14,000 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES COIIIODITIES: 4504 GENERAL SUPPLIES TOTAL PLAYGROND & THEATER SWIMMING INSTRUCTION - 625 1,225 470 100 100 100 3,736 7,184 5,410 4.000 4,000 $19,888 S23,896 S20,260 S18,100 S18,100 $13,509 S12,434 S12,000 S9,000 $9,000 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4282 BUS RENTAL 4284 POOL RENTAL 9,528 5,000 (29,712) 5,000 9,000 5,000 9,000 5,000 9,000 5,000 14,528 (24.712) 14.000 14.000 14,000 296 148 1,100 300 300 COOODITIES: 4504 GENERAL SUPPLIES TOTAL SWIMMING INSTRUCTION S28,333 (S12.130) $27,100 S23.300 S23,300 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: RECREATION PAGE - 71 PROGRAM: 627 THRU 628 - 62 SUMMARY OF SERVICES Miscellaneous and Special Activities - 627: These funds are used for programming in music and parks and special activities instructors. Senior Citizens - 628: These funds are used for personnel, maintenance, janitorial services and general supplies for the Senior Citizen's center. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: RECREATION PAGE 72 PROGRAM: 627 THRU 628 62 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED MISCELLANEOUS & SPECIAL ACTIVITIES - 627 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES COMODITIES: 4504 GENERAL SUPPLIES 4508 PHOTOGRAPHIC SUPPLIES 4596 MUSIC SUPPLIES 4600 PRINTING TOTAL MISCELLANEOUS & SPECIAL ACTIVITIES SENIOR CITIZENS - 628 PERSONAL SERVICES: 4120 PAYROLL CONTRACTUAL SERVICES: 4250 RUBBISH REMOVAL 4256 TELEPHONE 4262 LAUNDRY COMODITIES: 4504 GENERAL SUPPLIES TOTAL SENIOR CITIZENS TOTAL RECREATION $1,335 14,224 3,083 35 663 3,800 7,581 S23,140 S1,778 0 1,999 15 2,014 5,776 S9,568 $126,960 S6,297 8,678 2,384 117 729 189 3,419 S18,394 $3,391 0 1,431 0 1,431 7,035 S11,857 S89,833 $9,000 9.350 3,600 160 830 4,800 9,390 S27,740 57,200 0 1,600 0 1,600 6.025 S14,825 $136,544 $9,000 3,500 2,000 200 1,000 4,800 8,000 S20,500 $5,500 800 1,500 0 2,300 4,750 S12,550 $120,250 $7,000 3,500 2,000 200 1,000 4,800 8,000 $18,500 S4,000 800 1,500 0 2,300 4,750 S11,050 S116,750 CITY OF EDINA ANNUAL BUDGET PAGE - 73 FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: PARK MAINTENANCE PROGRAM: SUMMARY OF SERVICES Park Maintenance PAYROLL SUMMARY - DISTRIBUTION Park Maintenance consists of sixteen (17) personnel which include the following positions: One (1) Technical Management III Two (2) Heavy Equipment Operators Thirteen (13) Light Equipment Operators One (1) Janitor Explanation of change: One and a half postions have been frozen in this program area Park & Recreation: RECREATION: MISC. & SPEC. ACT $ 7,000 SENIOR CENTER 3,000 MAINTENANCE: GENERAL MAINTENANCE 59,500 MOWING 53,800 FIELD MAINTENANCE 55,200 GENERAL TURF CARE 45,100 FORESTRY 80,200 LITTER REMOVAL 17,000 BUILDING MAINTENANCE 81,494 PATHS & HARD SURFACE MAINTENANCE 11,000 SKATING RINK MAINT. 80,800 $536.694 CHARGED TO OTHER FUNDS: CITY HALL $ 10,400 SWIMMING POOL 9,100 GOLF COURSE 6,600 RECREATION CENTER 8,500 ART CENTER 8,000 TOTAL PARK MAINTENANCE PAYROLL $ 536,694 CITY OF EDINA ANNUAL BUDGET FUND: FUNCTION: AREA: PROGRAM: SUMMARY OF SERVICES THIS PAGE IS INTENTIONALLY LEFT BLANK. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PAGE - 75 PROGRAM: 641 thru 642 - 64 SUMMARY OF SERVICES General Maintenance - 640: This account handles the paid leave, training and equipment maintenance for the park maintenance programs. Paid leave includes sick, vacation, and holiday pay. Mowing - 641: Funds from this account are used for maintenance of all manicured grass areas consisting of 422 different areas all mowed and maintained with a minimum of 10 days between cuttings. All scheduled athletic fields are maintained every 5 days. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL • 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE rAI,t - ro PROGRAM: 641 TNRU 642 - 64 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 19e9 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED GENERAL MAINTENANCE - 640 $59,344 $83,675 $71,500 $71,500 $59,500 PERSONAL SERVICES: 4105 PAID LEAVE 2,132 2,922 2,030 2,500 2,500 CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION CENTRAL SERVICES: 4802 GENERAL 4806 PUBLIC WORKS BUILDING 4808 EQUIPMENT OPERATION TOTAL GENERAL MAINTENANCE MOWING - 641 171,000 12,600 90,600 180,000 13,200 96,000 186,000 14,220 100,980 186,000 14,220 100,980 181,200 15,300 106,380 274,200 289,200 301,200 301.200 302,880 $335,676 $375,797 $374,730 $375,200 $364,880 $53,240 $62,197 S42,686 $55,600 S53,800 PERSONAL SERVICES: 4105 PAYROLL ClITRACTUAL SERVICES: 4248 CONTRACTED REPAIRS 50 0 0 0 0 2,357 1,262 1,000 1,000 1,000 CONODITIES: 4504 GENERAL SUPPLIES TOTAL MOWING $55.647 S63.459 S43,686 S56.600 S54,800 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL — 10 Field Maintenance All sports fields are specially prepared for scheduled games. These fields are dragged and field lined with a chalk material. A special mixture (agricultural lime) is used each spring for filling in holes and regrading is done as needed during the playing season. All of the field areas are fertilized each year, the grass is treated with a weed chemical and also a soil sterilent is sued on the infield playing surface. The grassy playing surface in all of these parks are seeded, aerated and s FUNCTION: PARK & RECREATION AREA: PROGRAM: MAINTENANCE 643 — 64 SUMMARY OF SERVICES This account is supplemented by a $5 field use fee from participants. General Turf Car The funds in park mainten twice a year d general weeds (dandelions) CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PAGE 78 PROGRAM: 642 THRU 643 - 64 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1969 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED FIELD MAINTENANCE- 642 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4248 CONTRACTED REPAIRS COMMODITIES: 4504 GENERAL SUPPLIES 4558 FERTILIZER 4561 INFIELD MIXTURE 4562 SOD & BLACK DIRT 4563 LINE MARKING POWDER 4566 WEED SPRAY 4568 SEED TOTAL FIELD MAINTENANCE GENERAL TURF CARE - 643 PERSONAL SERVICES: 4105 PAYROLL 4110 OVERTIME CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4248 CONTRACTED REPAIRS 4310 LICENSES AND PERMITS COMMODITIES: 4504 GENERAL SUPPLIES 4522 SAND, GRAVEL, & ROCK 4558 FERTILIZER 4562 SOO & BLACK DIRT 4566 WEED SPRAY 4568 SEED TOTAL GENERAL TURF CARE $48,967 42 68 110 337 0 307 0 3,650 93 0 4,387 $53,464 S67,643 4,022 3,031 0 7,053 1,497 0 5,908 1,035 5,916 3.290 17,646 $92,342 $83,957 598 504 1,102 279 4,062 716 0 4,114 699 0 9,870 $94,929 SO 0 48,022 17,200 2,279 80 19.559 501 826 3,447 2,106 3,969 4,334 15,183 S82,764 S63,190 500 260 760 1,200 1,350 1,330 0 1,812 750 0 6,442 $70,392 S40,900 10,000 50,900 15,000 4,450 20 19,470 3,500 0 8,380 782 5,000 1,000 18,662 S89,032 S55,000 500 500 1,000 3,000 1,000 1,500 1,500 2,000 1,000 1,000 11,000 $67,000 S40,000 10,000 50,000 5,000 6,000 0 11,000 4,000 1,000 5,000 3,000 8,000 3,000 24.000 $85,000 $55,200 500 500 1,000 3,000 1,000 1,500 1,500 2,000 1,000 1,000 11,000 S67,200 S35,100 10,000 45,100 5,000 6,000 0 11,000 4,000 1,000 5,000 3,000 8,000 3,000 24,000 S80,100 CITY OF EDINA FUND: GENERAL - 10 ANNUAL BUDGET FUNCTION: PARK & RECREATION AREA: MAINTENANCE PACE - 79 PROGRAM: 644 THRU 645 - 64 SUMMARY OF SERVICES Forestry - 644: This account includes contracted tree removal and stump removal of boulevard and park trees that are diseased. This account provides for maintenance of tree trimming on boulevard and park trees. It also includes $5,000 for boulevard tree replacement (20 trees), $5,000 for new park trees and shrubbery, and restocking of the park tree nursery. Litter Removal - 645: These funds are used for maintenance and removal of all trash from 37 park areas on a daily basis in season or a weekly basis throughout the entire year. This also includes the purchase of trash containers. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PAGE - 80 PROGRAM: 644 TNRU 645 - 64 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED FORESTRY - 644 PERSONAL SERVICES: 4105 PAYROLL 4110 OVERTIME CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4248 CONTRACTED REPAIRS 4250 RUBBISH REMOVAL COMMODITIES: 4504 GENERAL SUPPLIES 4560 PLANTING & TREES 4562 SOO & BLACK DIRT 4580 TOOLS TOTAL FORESTRY LITTER REMOVAL - 645 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4250 RUBBISH REMOVAL COMODITIES: 4504 GENERAL SUPPLIES TOTAL LITTER REMOVAL $79,859 12,553 94,175 7,148 113,876 609 7,381 0 1,392 9.382 203.117 16,917 2.019 14,362 $33,298 $81,277 18,580 15,033 6,493 40,106 1,837 5,414 0 2.362 9,613 130,996 21.149 4,584 5,180 $30,913 85,000 5,000 90,000 13,012 8,230 8,240 29,482 1,000 5,300 0 1,700 8,000 127,482 15,900 4,200 10,400 S30,500 85,000 5,000 90,000 10,000 36,000 10,000 56,000 1,000 12,000 3,000 3,000 19,000 165,000 18,000 5,000 10,000 $33,000 75,200 5,000 80,200 10,000 36,000 10,000 56,000 1,000 12,000 3,000 3,000 19,000 155,200 17,000 5,000 10,000 $32.000 CITY OF EDINA FUND: ANNUAL BUDGET GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PROGRAM: 646 — 64 SUMMARY OF SERVICES Building Maintenance - 646: These funds are used for the maintenance, repair and cleaning of 16 buildings in the park system. These funds are also used for the upkeep and new construction of the 10 hockey rinks in the park system. Explanation of Increase: Light & Power has been increased by $25,000 to bring the account more in line with actual usage. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: AREA: PARK & RECREATION MAINTENANCE PAGE - 82 PROGRAM: 646 - 64 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1969 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED BUILDING MAINTENANCE - 646 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4248 CONTRACTED REPAIRS 4252 LIGHT & POWER 4254 HEAT 4256 TELEPHONE 4262 LAUNDRY COMMODITIES: 4504 GENERAL SUPPLIES 4540 REPAIR PARTS 4580 TOOLS 4604 LUMBER 4606 LAMPS & FIXTURES TOTAL BUILDING MAIMTBIANCE S90,405 2,183 14,586 50,391 10,064 612 5,339 83,175 17,970 5,243 740 6,917 32 30,902 S204,482 S83,896 0 12,006 63,207 13,938 1,649 4,143 94,943 19,507 7,943 588 7,323 0 35,361 $214,200 $88,000 625 11,320 35,196 16,200 2,020 3.300 68,661 21,000 9,300 3,310 8,300 50 41,960 $198,621 $88,000 3,000 20,000 30,000 11,000 1,000 4,000 69.000 20,000 15,000 2,000 11,400 1,000 49,400 $206,400 S81,494 3,000 20,000 55,000 15,000 2,000 4,000 99,000 20,000 15,000 2,000 11,400 1,000 49,400 S229,894 CITY OF EDINA ANNUAL BUDGET PAGE - 83 FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PROGRAM: 647 THRU 650 - 64 SUMMARY OF SERVICES Paths & Hard Surface Maintenance - 647: These funds are used for the maintenance of all hard surface areas within the park system. This includes resurfacing of 46 tennis courts, resurfacing and maintaining 6 hard surface basketball courts, maintenance of 27 playground areas, and maintenance and surfacing of 10 miles of walking and bicycling paths within the park system. The maintenance and replacement of the playground equipment in all 27 sites which we are now scheduling a total replacement of all equipment on a ten to fifteen year basis depending on the piece of equipment with an annual equipment allowance scheduled in this budget area of $30,000. PARK Alden Arden Arneson Acres Birchcrest Braemar Chowen Lake Cornelia Cornelia School Countryside Creek Valley 44th Street Garden Heights Highlands Lake Edina ESTIMATED VALUE $ 23,125 12,363 1,375 27,250 14,913 10,413 52,863 28,500 5,813 27,475 17,063 27,750 8,375 PARK McGuire Normandale Pamela Strachauer Tingdale Todd Utley Van Valkenburg Walnut Ridge Weber William Wardell Wooddale York Yorktown TOTAL EQUIPMENT Lewis Skating Rink Maintenance - 648: These funds are used for flooding and maintaining an operation of 10 hockey rinks and 14 general skating areas. ESTIMATED VALUE $ 7,750 29,160 13,713 23,500 24,575 31,613 4,250 6,813 14,250 5,875 36,875 9,813 $465,465 Equipment - 650: This account provides funding for the replacement of existing equipment and the purchase of new equipment for all park programs. CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: PARK & RECREATION AREA: MAINTENANCE PAGE - 84 PROGRAM: 647 THRU 650 - 64 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1969 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED PATHS & HARD SURFACE MAINTENANCE - 647 PERSONAL SERVICES: 4105 PAYROLL CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES COMMODITIES: 4504 GENERAL SUPPLIES 4524 BLACKTOP 4526 ROAD OIL TOTAL PATHS & HARD SURFACE MAINTENANCE SKATING RINK MAINTENANCE - 648 PERSONAL SERVICES: 4105 PAYROLL COMMODITIES: 4504 GENERAL SUPPLIES 4540 REPAIR PARTS TOTAL SKATING RINK MAINT. EQUIPMENT - 650 EQUIPMENT: 4901 REPLACEMENT TOTAL EQJIPIENT TOTAL PARK MAINTENANCE $13,374 50,692 757 16 395 1,168 65,234 84,265 699 219 918 85,183 55,252 55,252 S1,183,695 $17,818 16,457 454 2,924 498 3,876 38,151 77,599 1,958 232 2,190 79,789 101,338 101,338 $1,212,336 $13,120 45,000 880 1,000 500 2,380 60,500 94,080 1,920 225 2,145 96,225 80,000 80,000 S1,171,168 $12,000 45,000 2,000 1,000 1,000 4,000 61,000 90,500 4,000 3,000 7,000 97,500 84,450 84,450 S1,231,150 $11,000 45,000 2,000 1,000 1,000 4,000 60,000 80,800 4,000 3,000 7,000 87,800 84,450 84,450 $1,216,324 1992 Annual Budget Non -Departmental Non -Departmental Overview Non -Departmental - Distribution by Area Sp. Assessments (10%) Cap. Plan (25%) Contingencies (13%) Commissions (52%) —� Non -Departmental - Distribution by Expenditure Contractual Services (61%) cSeRtiY'88ikitm Equipment (38%) Salaries (0%) CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: PAGE - 85 CONTINGENCIES PROGRAM: 500 - 50 J SUMMARY OF SERVICES 1991 1992 % Total Contingencies Budget $80,000 $60,000 -25.0 CITY OF EDINA ANNUAL BUDGET • FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: CONTINGENCIES PROGRAM: 500 • 50 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED S87,418 S94,266 $80,000 S80,000 1 S60,000 CONTRACTUAL SERVICES: 4201 TOTAL CONTINGENCIES S87,418 S94,266 S80,000 S80,000 S60,000 CITY OF EDINA ANNUAL BUDGET PAGE - 87 FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: CAPITAL PLAN APPROPRIATION PROGRAM: 502 - 50 j SUMMARY OF SERVICES Capital Plan Appropriation: This appropriation reflects the amount the operating budget contributes to the capital plan. 1991 1992 % Total Capital Plan Budget $117,000 $117,000 0.0 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: CAPITAL PLAN APPROPRIATION PROGRAM: 502 - 50 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1909 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED EQJIPIENT: 4902 TOTAL CAPITAL PLAN APPROPRIATION $150,797 $115,000 $117,000 $117,000 $117,000 $150,797 $115,000 $117,000 $117,000 S117,000 CITY OF EDINA ANNUAL BUDGET PAGE - 89 FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: SPECIAL ASSESSMENTS ON CITY PROPERTY PROGRAM: 503 — 50 SUMMARY OF SERVICES Special Assessments on City Property: City owned properties are subject to special assessments for various improvement projects. This program provides funds to pay for these assessments. The budget also reflects the costs necessary to pay for mandated truth in taxation mailing. Explanation of change: The truth in taxation mailing charged to us by the County totalling $20,000 will be charged to the Communications area. Total Special Assessments Budget 1991 1992 % $65,000 $45,000 - 30.8 CITY OF EDINA ANNUAL BUDGET PAGE - 90 FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: SPECIAL ASSESSMENTS ON CITY PROPERTY PROGRAM: 503 - 50 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED SPECIAL ASSESSMENTS: 4922 TOTAL SPECIAL ASSESSMENTS $46,124 $42.951 $65,000 $65,000 S45,000 S46,124 $42,951 $65,000 $65,000 $45,000 CITY OF EDINA ANNUAL BUDGET PAGE - 91 FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: COMMISSIONS & SPECIAL PROJECTS PROGRAM: SUMMARY OF SERVICES Human Relations Commission - 504: The Human Relations Commission is comprised of 12 members and is an advisory body to the City Council in the areas of human rights, human relations, and human service. The commission meets regularly 12 times a year and additionally hold no fault grievance conferences on an average of 4 times per month. Storefront/Youth Action - $36,900 Senior Community Services - 5,400 Cornerstone Advocacy Service - 4,000 Share -A -Home - 1,900 United Battered Families Network - 2,000 VEAP - 2,400 West Suburban Mediation Center - 900 Family Resources - 3,790 $57,290 Fireworks - 505: Fireworks display to be presented after the band concert on the fourth of July. Suburban Rate Authority - 506: The Suburban Rate Authority oversees utility rates affecting suburban communities. Recycling Commission - 507: The Recycling Commission oversees the operation of Recycling in the City of Edina. Total Program Expense Total Program Revenue $448,203 288,217 Net Program Cost $159,986 CITY OF EDINA ANNUAL BUDGET PAGE - 92 FUND: FUNCTION: AREA: PROGRAM: NON -DEPARTMENTAL COMMISSIONS & SPECIAL GENERAL - 10 EXPENDITURES PROJECTS 504 thru 507 - 50 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 19e9 ACTUAL 1990 ACTUAL 1991 ESTIMATED BUDGETED 1992 ADOPTED HUMAN RELATIONS COMMISSION -504 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 4202 CONTINUING EDUCATION 4204 DUES & SUBSCRIPTIONS 4224 CHEMICAL HEALTH ADVISORY 4280 EDUCATION PROGRAM TOTAL IRIMAN RELATIONS COMMISSION FIREWORKS - 505 COMMODITIES: 4504 GENERAL SUPPLIES TOTAL FIREWORKS SUBURBAN RATE AUTHORITY - 506 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES TOTAL SUBURBAN RATE AUTHORITY RECYCLING PROGRAM - 507 CONTRACTUAL SERVICES: 4201 PROF. SERVICES TOTAL RECYCLING PROGRAM $46,880 34 196 0 135 47,245 6,840 6,840 3.500 3.500 45,713 45,713 $52,325 33 236 125 495 53,214 7.000 7.000 3.500 3.500 92.221 92.221 S53,500 50 392 125 500 54,567 7,250 7,250 3.750 3,750 160.000 160.000 553,500 200 250 500 450 54,900 6.000 6,000 3.750 3,750 159.296 159,296 $57,290 200 250 500 450 58,690 6,000 6,000 3,750 3,750 159.986 159,986 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: COMMISSIONS & SPECIAL PROJECTS PAGE - 93 PROGRAM: SUMMARY OF SERVICES Centennial Celebration - 508: The Centennial Commission recommended $25,000 for 1987 and $25,000 for 1988 to support the Centennial Celebration. South Hennepin Human Service Council - 508: Through a joint powers agreement among the cities of Bloomington, Eden Prairie, Edina, & Richfield, the South Hennepin Human Services Council was established. The purpose of the organization was to provide for joint planning and development of human services for the residents' need in the South Hennepin area. The Council's services are divided into nine program areas which include: community planning and coordination, citizen participation, H.O.M.E., energy assistance, surplus food distrib- ution, emergency assistance program, mental health drop -in center, transportation and volunteer mobilization. Loss Subsidy - Operating Funds - 509: No subsidy is required for the 1990 fiscal year. All enterprises reflected net gain at the end of the year. 1991 1992 Total Commissions & Special Projects Budget $238,838 $239,528 0.3 ANNUAL BUDGET CITY OF EDINA FUND: GENERAL - 10 FUNCTION: NON -DEPARTMENTAL EXPENDITURES AREA: COMMISSIONS 8 SPECIAL PROJECTS PROGRAM: 508 thru 509 • 50 SUMMARY OF EXPENDITURES ACCT. DESCRIPTION 1989 ACTUAL 1990 ACTUAL 1991 1992 ADOPTED ESTIMATED BUDGETED -r CENTENNIAL CELEBRATION • 508 SO $7,503 SO SO $O CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES TOTAL CEIITEINIAL SOUTH HENNEPIN HUMAN SERVICE 0 7,503 0 0 0 0 14,394 14,892 14,892 11,102 COUNCIL - 508 COIITRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 14,394 14,892 14,892 11,102 TOTAL SOUTN NENNEPIN SERVICE COUNCIL LOSS SUBSIDY - OPERATING 8,646 5,502 0 17,292 0 0 0 5,757 0 0 0 0 0 0 0 0 0 0 0 0 FUNDS - 509 (YEAR ENDED DEC. 31, 1989) 4201 SWIMMING POOL RECREATION CENTER GUN RANGE ART CENTER TOTAL LOSS SINISIDY TOTAL COMMISSIONS & SPECIAL PROJECTS 31,440 5.757 0 0 0 $134,738 $183,589 $240,459 $238,838 $239,528 1992 Annual Budget Appendix 1992 Annual Budget Central Services CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: CENTRAL SERVICES AREA: GENERAL PAGE- 95 PROGRAM: 510 - 51 SUMMARY OF SERVICES General - 510: Central services - General includes general and administrative expenses for the City. These expenses are allocated to operating departments and other funds according to usage. Explanation of change: - An additional $30/month per employee is included for the flexible benefits plan DISTRIBUTION ALLOCATION TO OPERATING DEPARTMENTS: MAYOR & COUNCIL ADMINISTRATION PLANNING FINANCE ELECTIONS ASSESSING PUBLIC WORKS: ADMINISTRATION ENGINEERING GENERAL POLICE ANIMAL CONTROL FIRE HEALTH INSPECTIONS PARKS: ADMINISTRATION MAINTENANCE ANNUAL MONTHLY $ 18,120 $ 1,510 88,380 7,365 42,300 3,525 52,080 4,340 8,160 680 61,620 5,135 22,560 1,880 75,360 6,280 293,700 24,475 614,700 51,225 8,400 700 351,312 29,276 40,080 3,340 52,560 4,380 70,320 5,860 181,200 15,100 $ 1,980,852 $165,071 Total Central Services General Budget ALLOCATION TO OTHER FUNDS: ANNUAL MONTHLY CITY HALL $ 12,360 $ 1,030 PUBLIC WKS-BLDG. 7,440 620 EQUIP. OPERATION 56,640 4,720 ART CENTER 16,740 1,395 POOL 2,820 235 GOLF COURSE 86,400 7,200 ARENA 40,008 3,334 GUN RANGE 1,260 105 EDINBOROUGH 74,400 6,200 UTILITIES 202,200 16,850 LIQUOR - 50TH 34,800 2,900 LIQUOR - YORK 63,120 5,260 LIQUOR - GRANDVIEW 57,360 4,780 RECYCLING 4,080 340 COMMUNICATIONS 13,560 1,130 $673,188 $ 56,099 TOTAL $2,654,040 $ 221,170 1991 1992 $2,577,468 $2,654,040 3.0 CITY OF EDINA ANNUAL BUDGET PAGE - 96 FUND: GENERAL - 10 FUNCTION: comm. SERVICES AREA: PROGRAM: 510 - 51 6EIERAL. SUMMARY OF EXPENDITURES 1991 1989 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED CONTRACTUAL SERVICES: 4145 PENSIONS S986,019 $1,081,652 S1,140,928 S1,140,928 $1,174,500 4156 EMPLOYER'S SHARE -HOSPITAL LIFE & INCOME PROTECTION INSURANCE 458,906 422,371 630,000 610,000 685,000 4212 PERSONNEL 30,840 12,800 20,000 20,000 20,000 4226 EQUIPMENT RENTAL 506 531 3,020 9,000 8,000 4256 TELEPHONE 28,763 63,834 50,000 54,000 54,000 4260 INSURANCE 267,148 537,886 620,000 620,000 600,000 4288 SERVICE CONTRACT -EQUIP. 26,528 17,738 11,200 15,200 15,200 4290 POSTAGE 52,640 49,236 47,525 64,000 63,000 1,851,350 2,186,048 2,522,673 2,533,128 2,619,700 COMMODITIES: 4504 GENERAL SUPPLIES 28,560 40,083 22,890 25,000 15,000 EQUIPMENT: 4901 REPLACEMENT 0 26,922 19,340 19,340 19,340 4902 NEW 2,395 0 0 0 0 2,395 26,922 19,340 19,340 19,340 TOTAL GENERAL $1,882,305 $2,253,053 S2,564,903 $2,577,468 S2,654,040 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: CENTRAL SERVICES AREA: CITY HALL PAGE - 97 PROGRAM: 520 - 52 SUMMARY OF SERVICES City Hall - 520: Personal Services consist of one-half (1/2) Technical I, part-time help, Public Works Payroll, Park Payroll, and overtime. This program provides for the operation and maintenance of the City Hall. Operating costs are allocated to departments on the basis of space occupied. DISTRIBUTION ALLOCATION TO OTHER OPERATING DEPARTMENTS ANNUAL MONTHLY MAYOR & COUNCIL $ 10,680 $ 890 ADMINISTRATION 16,620 1,385 PLANNING 5,640 470 FINANCE 7,200 600 ASSESSING 6,360 530 PUBLIC WORKS: ADMINISTRATION 3,360 280 ENGINEERING 6,960 580 POLICE 48,192 4,016 HEALTH 3,420 285 INSPECTIONS 7,608 634 PARKS 15,900 1,325 UTILITIES 9,780 815 COMMUNICATIONS 4,260 355 Total City Hall Budget TOTAL $145,980 $12,165 1991 1992 $142,536 $145,980 2.4 CITY OF EDINA ANNUAL BUDGET FUND: FUNCTION: CENTRAL SERVICES AREA: CITY MALL PROGRAM: 520 - 52 GENERAL - 10 SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL S9O,9O5 $71,494 S66,712 S62,896 S66,27O 4110 OVERTIME 3,616 1,970 2,540 1,000 1,000 $94,52O 73,464 69,252 63,896 67,270 CONTRACTUAL SERVICES: 4248 CONTRACTED REPAIR 6,943 7,740 4,500 4,750 4,750 4250 RUBBISH SERVICE 1,209 1,880 1,400 2,000 2,000 4252 LIGHT 8 POWER 15,886 20,629 12,000 15,700 16,000 4254 HEAT 6,671 7,932 9,600 11,000 10,000 4258 SEWER 8 WATER 715 1,989 800 850 1,000 4262 LAUNDRY 1,472 1,538 1,300 2.200 2,200 32.896 41.708 29,600 36.500 35,950 COMMODITIES: 4504 GENERAL SUPPLIES 4,703 3,580 3,000 5,500 5,500 4512 CLEANING SUPPLIES 2,112 1,490 1,700 1,400 1,400 4514 PAPER SUPPLIES 10,596 9,767 8,600 8,000 8,500 4540 REPAIR PARTS 28,354 20,698 20,000 15,000 15,000 45,765 35,535 33,300 29,900 30.400 CENTRAL SERVICES: 4802 GENERAL 10,800 12,000 12,240 12,240 12,360 EQUIPMENT: 4901 REPLACEMENT 0 0 0 0 0 TOTAL CITY NALL $183,982 $162,7O7 $144,392 $142,536 $145,98O CITY OF EDINA ANNUAL BUDGET PAGE - 99 FUND: GENERAL - 10 FUNCTION: CENTRAL SERVICES AREA: PUBLIC WORKS BUILDING PROGRAM: 540 - 54 SUMMARY OF SERVICES Public Works Building - 540: Personal services consist of one Technical I, public works payroll and overtime. The function of the public works building is to provide a shelter for equipment maintenance operations and provide stockroom and office facilities for public works personnel. A large part of this account is directed towards rubbish hauling, light and power, heat and fuel oil and repair parts for building. Explanat ; of Change: DISTRIBUTION ALLOCATION TO OTHER DEPARTMENTS: ANNUAL MONTHLY PUBLIC WORKS $15,336 $ 1,278 HEALTH 5,328 444 PARKS 15,300 1,275 EQUIPMENT OPERATION 113,100 9,425 UTILITIES 12.276 1.023 TOTAL Total Public Works Building Budget $161,340 $13,445 1991 1992 $149,580 $161,340 7.9 CITY OF EDINA ANNUAL BUDGET • FUND: FUNCTION: AREA: PUBLIC WORKS BUILDING PROGRAM: 540 - 54 GENERAL - 10 CENTRAL SERVICES SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL S44,406 S51,215 $37,267 $37,267 $48,527 4110 OVERTIME 925 923 2.000 2,000 2,000 S45,331 52,138 39,267 39,267 50,527 CONTRACTUAL SERVICES: 4201 PROFESSIONAL SERVICES 0 327 400 2,000 2,000 4250 RUBBISH HAULING 4,079 6,911 5,350 4 4,000 4252 LIGHT & POWER 21,108 28,888 28,050 23, . 23,500 4254 HEAT & FUEL OIL 30,030 36,158 44,200 38,000 38,000 4258 SEWER & WATER 663 1,199 675 1,000 1,000 55,880 73,483 78,675 68,500 68,500 COMMODITIES: 4504 GENERAL SUPPLIES 3,918 5,852 8,300 5,000 5,500 4512 CLEANING SUPPLIES 6,968 8,926 6,600 5,000 6,000 4540 REPAIR PARTS 19.170 29,787 20,400 18,000 20.000 30,056 44,565 35,300 28,000 31,500 CENTRAL SERVICES: 4802 GENERAL 9,000 7.200 7,440 7,440 7,440 EQUIPMENT: 4901 REPLACEMENT 1,000 3,210 4,750 3,373 3,373 4902 NEW 0 0 0 3.000 0 1.000 3.210 4,750 6.373 3,373 TOTAL PUBLIC YORKS BUILDING $141,266 $180,596 $165,432 $149,580 S161,340 CITY OF EDINA ANNUAL BUDGET FUND: GENERAL - 10 FUNCTION: CENTRAL SERVICES AREA: EQUIPMENT OPERATION PAGE - 101 PROGRAM: 560 - 56 SUMMARY OF SERVICES Equipment Operation - 560: Personal services consist of one (1) Technical Management III and four (4) Mechanics and one (1) Mechanic Helper. This account provides for operation and maintenance of all City vehicles. A large part of the operation costs are attributed to the purchase of fuel for City equipment. The shop foreman and 5 mechanics are the personnel responsible for the City's 45 cars, 79 trucks, pickups and vans, 150 off - road vehicles, 6 trailers and 1 bus. Additionally, the public works shop is responsible for all maintenance equipment and power tools. Costs of equipment operation are charges to operating departments and other funds on the basis of use. DISTRIBUTION ALLOCATION TO DEPARTMENTS: ANNUAL MONTHLY ANNUAL MONTHLY ADMINISTRATION $ 6,000 $ 500 CHARGED TO OTHER FUNDS: PLANNING 1,860 155 POOL $ 2,052 $ 171 ASSESSING 3,000 250 GOLF COURSE 14,280 1,190 PUBLIC WORKS: ARENA 3,960 330 ADMINISTRATION 1,860 155 CENT LAKES/EDINB 2,160 180 ENGINEERING 11,280 940 UTILITIES 72,000 6,000 SUPERVISION 1,860 155 $ 94,452 $ 7,871 MAINTENANCE 407,580 33,965 POLICE 159,960 13,330 ANIMAL CONTROL 3,420 285 FIRE 58,240 4,853 HEALTH 3,780 315 INSPECTIONS 7,080 590 PARKS: ADMINISTRATION 4,860 405 MAINTENANCE 106,380 8,865 $777,160 $61,763 Total Equipment Operation Budget TOTAL $871,612 $72,634 1991 1992 $834,276 $871,612 4.5 CITY OF EDINA ANNUAL BUDGET FUND. 6EIERAL - 10 FUNCTION: AREA: EOUINEWT OPERATION PROGRAM: 560 - 56 CENTRAL SERVICES SUMMARY OF EXPENDITURES 1991 1909 1990 1992 ACCT. DESCRIPTION ACTUAL ACTUAL ESTIMATED BUDGETED ADOPTED PERSONAL SERVICES: 4105 PAYROLL S203,277 S217,233 S218,092 S218,092 S228,488 4110 OVERTIME 2,862 2,236 2,500 2,000 2,000 S206,139 S219,469 S220,592 220,092 S230,488 CONTRACTUAL SERVICES: 4202 CONTINUING EDUCATION 0 0 0 1,000 1,000 4233 DATA PROCESSING 2,604 3,535 3,000 3,000 3,000 4248 CONTRACTED REPAIRS 45,448 41,130 42,000 40,000 42,000 4262 LAUNDRY 4,008 3,265 3,000 5,000 5,000 4294 RADIO SERVICE 6,010 7,063 6,400 6,000 6,000 4296 CAR WASHES 4,106 3,946 6,500 5,000 5,000 4310 LICENSE FEES & PERMITS 15,770 21,090 13,100 10,000 15,000 77,945 80,029 74,000 70,000 77,000 COMMODITIES: 4504 GENERAL SUPPLIES 12,944 18,451 16,400 11,000 12,000 4540 REPAIR PARTS 139,872 123,791 133,490 110,000 120,000 4580 REPLACEMENT OF TOOLS 3,061 5,592 8,900 4,000 4,500 4610 WELDING SUPPLIES 4,600 3,988 5,200 4,000 4,500 4612 GAS & FUEL OIL 154,566 150,611 125,000 145,000 150,000 4616 TIRES & TUBES 18,129 22,207 23,475 24,000 24,000 4618 LUBRICANTS 9,290 11,224 10,500 11,000 11,000 4620 ACCESSORIES 49,018 64,762 42,650 50,000 50,000 4642 SAFETY EQUIPMENT 1,550 2.104 2,480 1,500, 2,000 393,031 402.730 368,095 360,500 378.000 CENTRAL SERVICES: 4802 GENERAL 54,000 56,400 56,640 56,640 56,640 4806 PUBLIC WORKS BUILDING 95,400 98,400 105,660 105.660 113,100 149,400 154,800 162,300 162.300 169,740 EQUIPMENT: 4901 REPLACEMENT 8,726 51,512 16,384 16,384 16,384 4902 NEW 5,000 5,000 0 8,726 51,512 21,384 21,384 16,384 S835,242 S908,540 S846,371 S834,276 S871,612 TOTAL EQUIPMENT OPERATION 1992 Annual Budget Capital Plan 1992 REVENUE SOURCES INTERNAL PROJECTS PAGE • 103 City of Edina Five Year Capital Plan 1992 Internal Fund Projects 1993 1994 1995 1996 Operating Budget - Page 87 S117,000 $180,000 S180,000 $180,000 $180,000 Working Capital Fund 307,000 646,000 814,000 625,000 (153,000) Utility Transfer - Rent 100,000 100,000 100,000 100,000 100,000 Developer's Fund 20,000 20,000 20,000 20,000 20,000 TOTAL REVENUE S544,000 $946,000 S1,114,000 $925,000 $147,000 CAPITAL EXPENDITURES City Hall 5127,000 S87,000 S42,000 S12,000 S12,000 Public Works: Public Works Building 74,000 66,000 66,000 66,000 0 Miscellaneous 5,000 0 0 0 0 Parking Ramps 0 0 25,000 0 25,000 Parking Lots 20,000 0 0 0 0 Bridges 50,000 100,000 100,000 50,000 50,000 Sidewalks 8 Paths 13,000 23,000 286,000 207,000 0 Police 45,000 40,000 50,000 0 40,000 Fire 50,000 430,000 345,000 390,000 0 Parks 140,000 180,000 180,000 180,000 0 Art Center 10,000 10,000 10,000 10,000 10,000 Arena 10,000 10,000 10,000 10,000 10,000 TOTAL FUNDING REQUESTS $544,000 $946,000 S1,114,000 $925,000 $147,000 1992 PAGE - 104 City of Edina Five Year Capital Plan 1992 Interns( Fund Projects 1993 1994 1995 19% CITY HALL: Office Furniture $12,000 $12,000 S12,000 $12,000 S12,000 Replacement Windows 25,000 Rooftop Units/Ducting 90,000 Replace/Reinsulate Roof 75,000 Heating System 30,000 TOTAL CITY HALL PUBLIC YORKS: $127,000 PUB. WORKS BUILDING New Roof Lighting 58,000 Salt Storage 66,000 TOTAL PW BUILDING $74.000 PUB. WORKS - MISC. Colony Way Area Lighting TOTAL PW MISCELLANEOUS PUB. WORKS - PARKING RAMPS Sealing (surface 8 joint): 49 1/2 Street 51st Street 55.000 $87.000 $42.000 $66,000 $12,000 $12,000 $66,000 S66,000 $66,000 $66.000 $66,000 S0 55.000 S0 50 $0 S0 $25,000 $25.000 TOTAL PW PARKING RAMPS 50 S0 $25,000 S0 $25,000 PUB.WORKS - PARKING LOTS: 50th Street Area - resurface TOTAL PW PARKING LOTS PUB.WORKS - BRIDGES Browndale to Minnehaha Creek West 56th Street $20.000 $20,000 S0 50 S0 50 S50,000 TOTAL PW BRIDGES S50.000 $50,000 $50,000 50,000 50,000 $100.000 $100.000 $50.000 S50.000 $50,000 S50.000 1992 PUBLIC WORKS COfTIMUED: PUB. WORKS - SIDEWALKS & PATHS Parklawn - from Gallagher to France Avenue S13,000 PAGE - 105 City of Edina Five Year Capital Plan 1992 Internal Fund Projects 1993 1994 1995 1996 W. 63rd & Ridgeview from Wyman to Ridgeview Dr. S23,000 McCauley Tr. South & McCauley Tr. North from Valley View to Gleason County 158-Link Rd. to County 62 $138,000 148,000 Braemar Golf Course S105,000 Lincoln Dr. from W. 7th to 1000 feet south 16,000 Xerxes, W.70th to Yorktown Park 19,000 Ohms Lane from W.72nd to W.74th 23,000 W.60th from France to Xerxes 44,000 TOTAL SIDEWALKS & PATHS S13,000 TOTAL PUBLIC WORKS 162,000 $23,000 $286,000 $207,000 SO 189,000 477,000 323,000 75,000 POLICE DEPARTMENT: Mobile Data Terminals - Phase I Mobile Data Terminals - Phase II Alarm Monitoring Computer 800 MHZ Upgrade 1992 $45,000 TOTAL POLICE DEPARTMENT $45,000 PAGE - 106 City of Edina Five Year Capital Plan 1991 Internal Fund Projects 1993 1994 1995 1996 S40,000 50,000 40,000 540,000 $50,000 $0 S40,000 FIRE DEPARTMENT: Fire Station No. 2 $300,000 $300,000 Building Maintenance Fund $20,000 10,000 $10,000 $10,000 0pticomm Phase I 30,000 Rescue No. 3 100,000 Support Vehicle 20,000 UHF 800 MHZ Portable 35,000 Engine No. 4 180,000 Remodel - Station No. 1 200.000 TOTAL FIRE DEPARTMENT $50.000 $430,000 S345,000 $390,000 SO PARKS: Arden Park: Playground & Bldg. Repair $25,000 Sherwood Park: Playground Equipment 10,000 Birchcrest Park: Playground Equipment 10,000 Garden Park: Playground Equipment 10,000 Highland Park: Playground Equipment 10,000 Arneson Acres New Entrance & Plantings 10,000 Creek Valley: Rebuild Tennis Courts 30,000 Miscellaneous Park Re -Development 35,000 1992 PARKS: PAGE - 107 City of Edina Five Year Capital Plan 1991 Internet Fund Projects 1993 1994 1995 1996 Alden Park: Hard Surface Court S10,000 Walnut Ridge Park: Playground Equipment 10,000 Yorktown Park: Regrade 10,000 Lewis Park: Playground Equipment & Regrade 25,000 Lake Cornelia Playground Equip. & Upgrade Picnic Area 75,000 Arneson Acres: Plantings 10,000 Braemar Park: Rebuild Tennis Courts 30,000 Miscellaneous Park Re -Development 10,000 Creek Valley Park: Upgrade warming house & regrade S35,000 Cornelia School Park: Upgrade warming house 40,000 Weber Park: Playground Equipment 20,000 Wooddale Park: Upgrade Fields & Irrigate 25,000 Utley Park: Upgrade Park 25,000 Arneson Acres Planting & Structure 10,000 Miscellaneous Park Redevelopment 25,000 Countryside Park: Upgrade Bldg, fields & plaground equip. S50,000 Normandale Park: Upgrade Fields, parking lot & remove house 20,000 Todd Park: Upgrade Fields, parking lot & remove house 50,000 Arneson Acres: Planting & Structures 20,000 Miscellaneous Park Re -development 40.000 S140,000 $180.000 $180.000 $180.000 SO PAGE - 108 ART CENTER: Building Renovation TOTAL ART CENTER ARENA Building Renovation TOTAL ARENA TOTAL INTERNAL FUNDING 1992 City of Edina Five Year Capital Plan 1991 Internet Fund Projects 1993 1994 1995 1996 $10,000 $10,000 $10.000 $10,000 $10.000 $10,000 $10,000 $10,000 $544,000 $946,000 $10.000 $10.000 $10.000 $10.000 $1,114,000 $10.000 S10.000 $10.000 $10.000 $10,000 $10.000 $10.000 $10,000 $925,000 $147,000 COUNCIL AGENDA ITEM I. Novemh en /5, / 99/ Counc i.lmenzb e/ a City o Edna 480/ W. 50th Sfneet Cd ina, AN 55424 When Z Head the 7nopoaed Nopenty Tax Statement on /992 Z waa atunned. The bottome .Line ahowa a /7% tax i_ncneaie. What it doean'f ahow La that my taxea On /99/ had incneaaed 22% oven what Z had paid in /990. When Z calculated the pnopoaed /992 tax againaf what Z had paid La /990 the neault La a 43.4 o Lncneaae Ln 2 yeana! The City o f Edina pnopoaed tax i.ncneaae L. / / o 1f on /992 but �fon the two yeana the c.ncneaae LA /5. 4 0. My Social Secunif1 income wi.C.L incneaae by 3% Ln /992. l pnoteA1 the pnopoaed fax incneaae as exonbitant. a—At.At- cttiVw Lonnaine Cunningham 6305 /ija.Lone1 {;venue Cd ina, AN 55343 COUNCIL AGENDA ITEM I. BQMA 121 S, 8th Street, Suite 610 Minneapolis, Minnesota 55402-2841 Telephone: 612/338-8627 Fax: 612/340-9744 November 15, 1991 City Council City of Edina 4801 W 50th Street Edina, MN 55424 Dear Council Members: Please accept this as our written testimony for the Truth and Taxation Hearing for your City on November 18, 1991. Our Association consists of the owners and managers of more than 35 million square feet of office space in the Minneapolis and Suburban area, including a number of buildings in your City. Our membership is very concerned about the extremely adverse economic conditions now confronting our industry. Due to the excess of office space on the market at this time and greatly reduced absorption of space due to the recession and other factors, vacancies are high and rents are depressed, and market values are declining rapidly as the outlook for any near term improvement of the situation dims. The problem is compounded by a tax classification rate structure that places the property tax burden on commercial properties in Minnesota among the highest in the nation. Many of our member buildings are at this time struggling for survival. Budget cutting and belt tightening in every conceivable way is being pursued. We know that you too in managing the affairs of the City are dealing with scarce resources and demands for improved services. However, we would ask as you finalize your budget deliberations, that you use the maximum restraint possible in spending decisions, for the sake of our members and all of the taxpayers in the City. Thank you and good luck in this important process. We stand ready to assist you in any way we can to make the City of Edina a better place to live and do business. Yours trui Kent D. Warden, Executive Director KDW:da OFFICERS 1991-92 JOHN P KELLY, JR., RPA? President; THOMAS J. PARISH, Vice President; CLIFFORD HABECK, RPA¢ Secretary/ Treasurer; DIRECTORS THOMAS CLAIRMONT, DEAN FREEMAN, BETSY GEORGE, RPA7 CLIFFORD HABECK, RPM JAMES JACHYMOWSKI, DOUGLAS JOHNSON, JOHN P. KELLY, JR., RPA7 JANET MOE, THOMAS J. PARISH, KENT D. WARDEN, RPA° Executive Director printed on recycled paper COUNCIL AGENDA ITEM I. �/ -3 7. J')Ji '/ re-L" 7242 it •�• 7 9 a / 9 7 e/ A a9� G� liLd ern. 2 3 vu- Cr y Lz, -t..42 . �L , y � cry rot.rr_ G 72-x j ?�-��e� r� �.� �`-3 73 -4-tz e� .! �`�� � Gt 9 9 7 & f J ram-P-7,- d -1 -> 7 • " .1f 7 z 1 ,pjqs -17 14,Ltty, .�� J _�t��'��! v ✓//l AAA, ‘144-r 1-740J�OJ -C127^ 777 -712LL c-‹-v COUNCIL AGENDA ITEM I. 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 415-9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857-0700 3 GRACECHURCH STREET LONDON E03V OAT, ENGLAND 44-71-920-3334 36, RUE TRONCHET 75009 PARIS, FRANOE 33-1-42-66-59-49 45, RUE DE TREVES B-1040 BRUSSELS, BELGIUM 32-2-238-78-U City of Edina 4801 West 50th Street Edina, MN 55424 DORSEY & WHITNEY A PARTNERSHIP INOLODINO PROFESSIONAL CORPORATIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402-1498 (612) 340-2600 TELEX 29-0605 FAX (612) 340-2868 THOMAS O. MOE, P.A. (612) 340-2843 November 13, 1991 RE: Proposed Property Tax for 1992 5316 Dundee Road, Edina, MN 55436-2030 Gentlemen: 201 FIRST AVENUE, S. W, SUITE 340 ROCHESTER, MINNESOTA 55902 (507) 288-3156 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406) 252-3800 201 DAVIDSON BUILDING GREAT FALLS, MONTANA 59401 (406) 727-3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406) 721-6025 I have received the proposed property tax for 1992 for the above - referenced property and note that it is based on an assumed market value (presumably this is a 1991 market value) of $416,800. The assumed market value for purposes of my 1991 real estate taxes (presumably a 1990 market value) was $362,500. I am aware of absolutely no basis for a conclusion that the current value of my home increased during the relevant time frame. In fact, all evidence would suggest the contrary. Please advise me as to the basis for the proposed increase. Thank you for your consideration. Very truly yours, TOM/jpw /Vozl. 8f / 9 9/ £u aA C . ./ite410 „&eux .et-!-t;(47 J et1441v d-a 1/ AiV 64to7tdi AL-0-axeu,44) _41-4its tit-t 7?,;(4A,tse-e--. od sso? -rbave S- q// V_ 7 Z 7-e,- Z • .3c-//2 -2/Z/ oo z 9. a II7e1770 fiola 3 02 14AA' S a r✓• /k/ S• /i''fK"f ,'/J• SZ3��� Paul Gauro ///„, ,72 /% /Z Y'"" '77(3 e �' ✓r/istAtze4,124c. -i/7-- 2 / - z/-tea 2-7 /off 7dd /4 9� 707W— Tip r r7`�' i"}--x /05f o93 x 779 = x //G. /YV5' /�$� _ x �3 . �f 72 /9 3 a�� ce" \� V 66 "DAs.4.r.14- E ms. i' L( Z /11 lzS //-9Ny) `f� `I- 36 -cz2 -2-1- 2_L 0673 cL if-r.4.01 �"�- . ,sue �- i- . ,:t c-ei/c, 711-:. 1,..(-c-i- .4_c-i-v-t,c4-1 ii-t) e,c ---Le,41-,1- YYLR_. oe-I-e P-bt .911404 4- •44/1'' r 3 g.i4A. .-efi a4,40e ' 0-1,t_ ‘L. -.-p-x-e 04- L., l'i;iL,j Ica-,�.�- Z7S i-j,,,4-Geovr%r- ate. c_9 d e4Le-fd d,-t-r..a.1 7L'ece_ kze-e: A.4 4 - t ' 4 1 e , C-14/C- i'- 4Li-A- 4401 '12 Pi-'''("P--- 4:d 16 '7Z4--e_ Gam" "_ �' " --%-4-- 0-7f-e-d L-6<40 1 ' e - d L;egd_ tvi-gZ /,e "Ae) L .- �I He-1.420e/0-9. 19'72 , aft" -,�-�-►-n��P .�- � �-- � � � _cam' _ _ � ..� o ,,e � .s'�4- L., 0-4-1-0( tal 4, )7.2arsoc7--e ‘.G4t4 er_ Z42“e-,c-•=u lza,e-e-CA ,=J4-1- 7 5- z. 4-lersZ; L 2776t-t--AaTh Cc_ 7‘''' gecu « /7f/ Aare-, R-0 c 7___Ad_esc4-41„,04.0 4*6•14,-1_ aa 6 c-7-8404$ 44 4.0--fa-/ Z e • f-gx 4.41-1-4tn*ae-ve-14- J1zi2d 741, . 73712•0-a-e-1--771.-%J A.-e- 271e-6,1- c>1 G-4-4-7e. rZ-1x27 27e )?171-24-so • Ato-1-4 - 42€4•4444--Z40 r Ai • 221,4444:di -eLj al foito-a.*- c-c-g-i 3 c"-- COUNCIL AGENDA ITEM I. Novembers /5, 199/ Counc LLmemb ens City o Cd Ana 480/ W 50th Stneet &l Lna, AN 55424 Wen Z Head the lnwpoized 2nwpenty Tax Statement on /992 Z wai. /Ltunned. The bottome Line Ahowi a /7% tax i.ncneaae. (Mat i.t doean't show Li that my taxea Oa /99/ had Lncnecvied 22% oven what Z had paid Ln /990. When Z calculated the pnwpoIed /992 tax agai.nrt what I had paid Ln /990 the neiult i4 a 43.4% i.ncnea'e Ln 2 yean2! The CI.ty o f &/Lna pnopwled tax i.ncneaae La //% On /992 but On the two yean' the Lncneaae LA /5.4%. Ay Soc La.0 Secu n i.t1 income wi..C.0 i.nc nectae by 3% Ln /992. .Z pnote2t the pnopoAed tax Lncneaae ate. exonbi.tant. Lonnai.ne CunnLngham 6305 /f]a.Lonece {4venue Cd i.na, MN 55343 BDMA MINNEAPOLIS COUNCIL AGENDA ITEM I. 121 S. 8th Street, Suite 610 Minneapolis, Minnesota 55402-2841 Telephone; 612/338-8627 Fax: 612/340-9744 November 15, 1991 City Council City of Edina 4801 W 50th Street Edina, MN 55424 Dear Council Members: Please accept this as our written testimony for the Truth and Taxation Hearing for your City on November 18, 1991. Our Association consists of the owners and managers of more than 35 million square feet of office space in the Minneapolis and Suburban area, including a number of buildings in your City. Our membership is very concerned about the extremely adverse economic conditions now confronting our industry. Due to the excess of office space on the market at this time and greatly reduced absorption of space due to the recession and other factors, vacancies are high and rents are depressed, and market values are declining rapidly as the outlook for any near term improvement of the situation dims. The problem is compounded by a tax classification rate structure that places the property tax burden on commercial properties in Minnesota among the highest in the nation. Many of our member buildings are at this time struggling for survival. Budget cutting and belt tightening in every conceivable way is being pursued. We know that you too in managing the affairs of the City are dealing with scarce resources and demands for improved services. However, we would ask as you finalize your budget deliberations, that you use the maximum restraint possible in spending decisions, for the sake of our members and all of the taxpayers in the City. Thank you and good luck in this important process. We stand ready to assist you in any way we can to make the City of Edina a better place to live and do business. Kent D. Warden, PA Executive Director KDW:da BMA' INTERNATIONAL OFFICERS 1991-92 JOHN P. KELLY, JR., RPA,' President; THOMAS J. PARISH, Vice President; CLIFFORD HABECK, RPM Secretary/ Treasurer; DIRECTORS THOMAS CLAIRMONT, DEAN FREEMAN, BETSY GEORGE, RPA CLIFFORD HABECK, RPA' JAMES JACHYMOWSKI, DOUGLAS JOHNSON, JOHN P. KELLY, JR., RPA,°' JANET MOE, THOMAS J. PARISH, KENT D. WARDEN, RPA" Executive Director cg') printed on recycled paper COUNCIL AGENDA ITEM I. ket,,,A) "r6A 7‘,3 `7�r�-rr- • �) J/ / /414A-1-p-c4.) Al-42-t-ser_ ) X- ,:c-e-ta*Z-ie-d Reg. Of? .2c ter.- J` 7 / 7) 3 3 2, % 7 %v -4roc-t.��, '7 a7;4—V--/ N��• � yt - /��- -- „,,_e N _ et,ere,e,,.4_ 7 . 7 , _ p-,-,-1 -c--),,,,Sr . \D-P ---h-,,,,-t_ ),,, fr.--t_c--(' -ze-.. ./),,,,,,, ,:, ---,i-t, q , r - Q . , fer- ,L- - - i / L - (17-ii,r/ za r,1 .7_,4_,,17.73)11,Zeic,, 7044Art'”) m.-4,-..,tc -74..,_ f ,A1-d4i-c_ LnA4z4p. L -a- 4 4 .74,„ )4' ,„4 . >14_ , /z i • 11/ .( r GL- 01 04 c/ d Nazi. 8f /F 9j A/14-, 1?-0-AAA ,,&ic ,40e,e/alt_e_e_ 4a- a7o. eet44.4 1LLzti yec.) g--0.(4t*t,O) A4,Le, 614c'vde.4 .464,t0-47 14,64,71 ALeid /eAct,. Y-/L-tel OttdeA4AL- de" Xylieka A16110AjZ . 0 ri oo� l�der sso7 -tape Ss Robert & Karen Ryder 5509 Grove Street Edina, MN 55436 e.g„:4_, et-4 edit 060D-ater • 5-6-6/41)-- F,;"41 SSSLz`F rc. .30 //? -2/2/ a MBmo from 3 a 2 G-liAif,e is c h/. 4✓. S Paul Gauro 0/9, ec t Ir/v/q/ 7 5- z 614— %�sn 5«//0I fut. C-C-4/ 3 s COUNCIL AGENDA ITEM I. 350 PARK AVENUE NEW YORK, NEW YORE 10022 (212) 415-9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857-0700 3 GRACECHUEUH STREET LONDON EO3V OAT, ENGLAND 44-71-929-3334 36, RUE TRONCHET 75009 PARIS, FRANCE 33-1-42-66-59-49 45, RUE DE TREVES B-1040 BRUSSELS, BELGIUM 32-2-238-78-11 City of Edina 4801 West 50th Street Edina, MN 55424 DORSEY & WHITNEY A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2200 FIRST BANK PLAGE EAST MINNEAPOLIS, MINNESOTA 55402-1498 (612) 340-2600 TELEX 29-0605 FAX (612) 340-2868 THOMAS O. MOE, P.A. (612) 340-2843 November 13, 1991 RE: Proposed Property Tax for 1992 5316 Dundee Road, Edina, MN 55436-2030 Gentlemen: 201 FIRST AVENUE, S. W, SUITE 340 ROCHESTER, MINNESOTA 55902 (507) 288-3156 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406) 252-3800 201 DAVIDSON BUILDING GREAT FALLS, MONTANA 59401 (406) 727-3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (408) 721-6025 I have received the proposed property tax for 1992 for the above - referenced property and note that it is based on an assumed market value (presumably this is a 1991 market value) of $416,800. The assumed market value for purposes of my 1991 real estate taxes (presumably a 1990 market value) was $362,500. I am aware of absolutely no basis for a conclusion that the current value of my home increased during the relevant time frame. In fact, all evidence would suggest the contrary. Please advise me as to the basis for the proposed increase. Thank you for your consideration. Very truly yours, TOM/jpw REPORT/RECOMMENDATION To: From: Date: Subject: Mayor & City Council Francis Hoffman City Engineer 18 November, 1991/'%;!/ Vacation of Alley Between 5408 York and 5411 Zenith - Continued from 11/4/91 Agenda item # II • A• Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Vacate the alley as requested and vacate additional alley after proper notice is given, if Council so desires. If alley is vacated, reserve utility easements over the vacated area. Info/Background: The City Council held over a request to vacate a portion of unconstructed alley behind 5408 York (see graphic). The attached graphic shows the entire area in question. All properties on the east side of York from West 55th to West 54th Street have an improved alley servicing their properties. York Avenue from West 55th Street north to the north property lines of 5411 York has an improved street. The properties to the north of this point use an unimproved driveway on the York Avenue right of way to take access to their properties. The attached graphic also shows a flood plain limit line which indicates that the property known as 5411 Zenith (upper left corner) is within the flood plain. If this structure were ever to burn or be removed, it would be questionable that a building permit for a new structure would be granted. (Over) Report/Recommendation Vacation of Alley Between 5408 York and 5411 Zenith - Continued from 11/4/91 Page Two Other issues in this neighborhood include non -conforming lot sizes, setback problems and it appears that a garage is partially located off the property. As such, it appears that an expenditure of approximately $40,000 to $70,000 would be needed to bring the street system up to public standards. This would result in a rough estimated assessment of $5,000 to $10,000 per lot, depending upon the level of improvement. Given all the issues in the neighborhood, staff would recommend dealing with the vacation of the unconstructed alley west of York Avenue as one project, and if so desired, conduct further public hearings on the public improvement issues as to York Avenue and West 54th Street. 5411 U MINNEHAHA REEK 54TH ST 5400 1 5406 5410 5412 J 3113 GAR. 5405 7 5411 r 5413 5417 5421 5425 5433 5437 5441 } 5402 5400 i 5406 7 55TH ST W T _ W REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: Date: MARCELLA DAEHN, CLERK NOVEMBER 15, 1991 Subject: ORDINANCE NO. 1222 RELATING TO CATV RELIEF EXTENTION Agenda Item # III.A Consent Information Only L' Mgr. Recommends To HRA To Council Action ❑ Motion Resolution X Ordinance 7 Discussion Recommendation: Second Reading of Ordinance No. 1222 - Repealing CATV Relief Ordinance and Relief Ordinance Amendment, Providing for Continuance of Certain Aspects of CATV Relief Ordinance, and Restructuring Manner in Which Local Programming is Funded. Info/Background: At its meeting of Noevember 4, 1991, the Council gave First Reading to Ordinance No. 1222 relating to CATV relief extention and adopted a resolution approving settlement with grantee under the Cable Franchise Ordinance. I have placed Ordinance No. 1222 on the agenda for Second Reading as previously requested by Karen Anderson, Chair of SWSCC. ORDINANCE NO. 1122 An Ordinance Repealing the CATV Relief Ordinance, Ordinance No. 1121, and CATV Relief Ordinance Amendment, Ordinance No. 1121-Al, Providing for the Continuance of Certain Aspects of the CATV Relief Ordinance, As Amended, and Restructuring the Manner in which Local Programming is Funded. The City Council of the City of Edina ordains as follows: Section 1. Short Title. This Ordinance shall be known as the "Local Programming Restructuring Ordinance." Section 2. Background and Purpose. In 1984, Grantee requested that the Southwest Suburban Cable Commission ("SWSCC") and Member Cities substantially restructure certain aspects of the Franchise in response to the serious financial difficulties experienced by the Grantee. The Member Cities enacted the CATV Relief Ordinance and the SWSCC and the Member Cities entered into the Performance Agreement in response to Grantee's request. The result was to reduce Grantee's Local Programming Obligations and Franchise Fee requirement, provide Grantee with an incentive to refinance its debt obligation and increase the involvement of the SWSCC and Member Cities in funding Local Programming Obligations and monitoring Grantee's performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the continuance of the CATV Relief Ordinance with some modification. In 1990, Grantee petitioned SWSCC to extend the provisions of the CATV Relief Ordinance and CATV Relief Ordinance Amendment (collectively "Relief Ordinances") through the term of the franchise. The SWSCC and Grantee reviewed the request through a series of meetings of the SWSCC operating committee and commission. The SWSCC, Member Cities and Grantee concur that the implementation of the Relief Ordinances has contributed to the achievement of the original goal of the SWSCC and its Member Cities: stabilizing and improving the financial condition of the Grantee. As a result, certain SWSCC oversight responsibilities and reporting requirements imposed by the Relief Ordinances and Performance Agreement are no longer necessary. The SWSCC and Grantee also concur that certain changes in the usage of channels on the cable system and the provision of access programming, community access programming and local origination programming (collectively "Local Programming") resulted in a channel line-up including more satellite programming services than originally proposed by Grantee, as well as focusing Local Programming channels so as to better serve the Member Cities. The resulting programming line-up provides diversity and appeal to CATV subscribers while maintaining a strong Local Programming component. It was agreed that the mix and level of satellite services and Local Programming should be continued. Finally, it was determined that since Grantee had improved and stabilized its financial condition, it should assume full responsibility for funding Local Programming as was contemplated at the time of the Franchise award. Since the SWSCC will no longer be a direct participant in the funding of Local Programming, it was determined that the role of the SWSCC in the oversight of Local Programming should be restructured. The SWSCC has adopted a resolution approving the modification and extension of certain provisions of the Relief Ordinances and related documents ("SWSCC Resolution"). Each of the Member Cities must also adopt a similar Resolution. This Ordinance will be effective only if the terms of the SWSCC Resolution are satisfied and Grantee agrees to be bound by the terms of this Ordinance through the execution of an Acceptance Agreement. Section 3. Relationship to Cable Communications Ordinance. This Ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided herein. Except as expressly modified in this Ordinance and related agreements entered into pursuant to this Ordinance, the provisions of the Franchise remain in full force and effect. In the event of a conflict or inconsistency between the Franchise or offering and any provision of this Ordinance, the Restated Performance Agreement or any other document entered into pursuant to this Ordinance, the provision of this Ordinance, the Restated Performance Agreement or said document entered into pursuant to this Ordinance shall be controlling so long as this ordinance remains in effect. Section 4. Definitions. Subdivision 1. The definitions in the Franchise also apply to this Ordinance. Subdivision 2. In addition, the following words and phrases shall have the meanings given them: (1) "Franchise" means the Cable Communications Ordinance as now or hereafter amended. (2) "Local Programming" means access, community access and/or local origination programming as set forth in the Restated Performance Agreement. (3) "Local Programming Obligations" means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. (4) "News Show" means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. (5) "Relief Ordinances means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. (6) "Restated Performance Agreement" means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for Franchise compliance in other areas. (7) "Restructured Local Programming Obligations" means Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance with the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. Section 5. Repeal of Relief Ordinances. This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance No. 1121 and the CATV Relief Ordinance Amendment, Ordinance No. 1121-Al effective August 1, 1992. Through July 31, 1992, the provisions of the Relief Ordinances shall remain in effect unless specifically superceded by this Ordinance. Due to a typographical error, Section 6, Subdivision 1 of the CATV Relief Ordinance Amendment stated an Automatic Termination date of March 1, 1991. The correct date to be referred to is March 1, 1992. Section 6. Financial Terms. While this Ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. Subdivision 1. Franchise Fees - Percentage. The annual franchise fee shall be 5% of Gross Revenues payable as follows. An annual franchise fee of 4% shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. These payments are consistent with -3- the payment arrangement contained in the Relief Ordinance. In addition and pursuant to the new local programming funding commitments set forth in Subdivision 4 herein, an annual franchise fee of 1% of Gross Revenues for the most recently completed quarter shall be paid to City in quarterly payments on or before the first day of each of the months of November, February, May and August on current year revenues beginning August 1, 1992. For purposes of calculating the annual franchise fee, all amounts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. Subdivision 2. Letters of Credit. The City Council may by resolution reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. It may thereafter, by resolution, require the amount of the Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 3. Performance Bond. The Grantee may dispense with the $300,000 performance bond required by the Franchise. The City Council may thereafter by resolution require that such bond, or similar bond in a lesser amount, be provided by Grantee. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. Subdivision 4. Restructured Local Programming Obligations. Beginning with the third weekly show of November, 1991, Grantee shall assume responsibility for funding the production of the News Show. The News Show shall continue to be produced in a manner which is generally consistent with the terms of the Agreement for Programming Services between Grantee and the SWSCC, a copy of which is attached hereto as Exhibit 1. However, the role of the SWSCC and the Member Cities shall be advisory in nature and neither the SWSCC or Member Cities shall be required to provide ongoing direct financial support for the News Show. Grantee shall be obligated to continue to fund and produce the News Show for a period of two (2) years through the second weekly show of November, 1993. Thereafter, Grantee shall be required to expend at least $100,000 annually of its total funding requirement under the Restructured Local Programming Obligations on local origination programming. Such funding shall be expended by Grantee in consultation with the SWSCC, as set forth in the Restated Performance Agreement. All provisions of the Relief Ordinances and Performance Agreement related to the funding of Local Programming shall remain in effect through July 31, 1992. Beginning August 1, 1992, Grantee shall assume full responsibility for funding the Restructured Local Programming Obligations. From August 1 through December 31, 1992, the budget for local programming shall be 5/12ths of $347,000; -4- provided that Grantee shall be required to meet all Restructured Local Programming Obligations, including the production of the News Show, irrespective of the actual cost of meeting such obligations. Thereafter, the annual budget shall be escalated by an amount equal to five percent (5%) of such budget on an annualized basis as estimated in Exhibit 2 hereto. Throughout the term of this Ordinance, Grantee shall consult with the SWSCC concerning the provision of the Restructured Local Programming Obligations pursuant to the terms of the Restated Performance Agreement. The expenditures made pursuant to this subdivision shall be in complete satisfaction of Grantee's total Restructured Local Programming Obligations during the period of this ordinance and shall be deemed to satisfy Grantee's Local Programming Obligations as well. The amount of funding for the Restructured Local Programming Obligations shall not include any costs of operation, capital for access equipment replacement or administration not directly related to the provision of Local Programming. Grantee shall be responsible to maintain or replace, as necessary, the equipment listed in the Exhibit to the Contract for Local Programming Facilities, which is Exhibit 1 to the Performance Agreement, and shall not offset such expenditures against the funding for the Restructured Local Programming Obligations. Section 7. Automatic Termination. The provisions of this Ordinance, and the reduced financial terms contained herein may, at the option of City, cease to be effective, upon the occurrence of the earliest of any of the following events: Subdivision 1. Failure of the Grantee to restore or replace the full required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subdivision 2. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 6, Subdivisions 2 and 3 of this Ordinance. Subdivision 3. A holding or determination by any court or agency that any term, condition or provision of this Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Subdivision 4. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer of Grantee or any parent of Grantee. Subdivision 5. Termination of the Franchise. -5- Section 8. Other Terminations. This Ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: Subdivision 1. All grounds for termination provided in the Franchise and the Local Programming Restructuring Ordinance, except to the extent that Grantee's performance obligations are modified in the Local Programming Restructuring Ordinance. Subdivision 2. Failure of the Grantee to comply with any of the material provisions of the Restated Performance Agreement. Section 9. Effective Date. This ordinance shall be effective upon passage and adoption by City and upon satisfaction of all of the following conditions: (1) Publication of this Ordinance; (2) Passage and adoption by each of the Member Cities of the SWSCC of an Ordinance similar to this Ordinance within 90 days of the adoption of such Ordinance by the first Member City; (3) Execution by Grantee of all documents necessary to repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but not be limited to, those documents listed on Exhibit 3 attached hereto ("Documents"). The executed Documents shall be delivered at a closing to be held at the office of the SWSCC administrator within 90 days of the passage of the Local Programming Restructuring Ordinance by the final Member City ("Closing"). (4) Conformance with the provisions of Article XIV of the Franchise including delivery to the City of the acceptance, opinion of legal counsel, guarantees, and other documents as required by said Article XIV, before or at Closing. Passed by the City Council of the City of Edina, Minnesota this day of , 1991. By Mayor Action on above ordinance: Date of first reading: Date of second reading: -6- Motion for Adoption: Seconded by: Voted in favor: Voted against: Abstained: Absent: Ordinance adopted: Date of Publication: 1208DAJ - EXHIBIT 1 TO ORDINANCE - AGREEMENT FOR PROGRAM SERVICES This AGREEMENT made and entered into by and between the Southwest Suburban Cable Commission, a Joint Powers Commission organized pursuant to the laws of the State of Minnesota, hereinafter referred to as the "SWSCC", and Paragon Cable of Minnesota, hereinafter known as "Contractor". WITNESSETH: WHEREAS, the SWSCC wishes to purchase the services of the Contractor to provide videotape programming for a news show to be known as "Southwest Community News"; and WHEREAS, the Contractor has the capability and personnel to provide the programming desired by the SWSCC; and WHEREAS, the Contractor understands and the SWSCC likewise understands that in order to provide the programming that is desired by the SWSCC, the cooperation of both the SWSCC and Contractor will be essential; and WHEREAS, the SWSCC has made available funding for the purchase of the services of Contractor; and NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SWSCC and the contractor agree as follows: I. RESPONSIBILITIES OF THE PARTIES A. Contractor Responsibilities: 1. Southwest Community News Show. Contractor will develop and produce fifty-two (52) weekly news shows covering events and issues both relevant and timely to the five Southwest Cities, members of the SWSCC. Contractor, in providing and developing the news show, will rely heavily on the cooperation and assistance of each of the five Southwest Cities. The story ideas and contacts will be provided by each of the Cities on a weekly basis. It is the understanding of the Contractor and the SWSCC that in the event any City does not provide information or assistance in a timely manner, it will result in uneven representation of the Cities and perhaps higher production costs. 2. Southwest Community News Show Format. The program will be a 30-minute news show with generally short (1-4 minutes) news items. The Contractor will explore with the SWSCC the option of including studio interviews or more indepth reporting of complex and/or controversial issues. Any change in the format brought about by specific requests of the SWSCC may require further costs. However, Contractor understands that any changes will not be initiated without first receiving the authority of the SWSCC. 3. Southwest Community News Scheduling. The show will be simulcast on Channel 34 (to the five Member Cities) a minimum of fourteen (14) times over a seven (7) day period with each show being first shown each Friday at 6:30 p.m. The show will also be shown during two (2) time slots each week on Channel 6, the Regional Channel. Additionally, each Member City has the option to request the contractor to schedule up to three (3) narrowcasts (to that City) each week. All such requests for narrowcasting shall be in writing every thirty (30) days and with not less than seven (7) days advance notice to contractor. All playback of the show will be within the regularly scheduled playback hours (as defined by the Access Rules). Contractor will experiment with other time slots in order to identify the most watched time slots; however, schedules will be published in advance and minimal changes will be made. 4. Southwest Community News Show Viewer Feedback. Contractor will have a dedicated phone line providing 24-hour feedback by subscribers to its cable system. The purpose of this will be to provide timely information to contractor, as well as the SWSCC, about the interest of the viewing public in the news show. 5. Promotion & Evaluation: a. The Contractor will cooperate with the Cities in providing information to enable the SWSCC to promote the program. Press releases and schedules will be prepared by the SWSCC on its letterhead. b. Contractor will assist in evaluation, providing information and counsel based on its experience and resources. 6. Cooperation. Contractor understands that its timely performance of the provisions of its responsibilities included herein are essential to bring about the best possible news show. Further, Contractor understands that it will need to assist and work with appropriate representatives designated by each of the five Southwest Member Cities. Contractor agrees that it will designate specific persons who will have the responsibility to ensure the production of the programming and to coordinate with representatives of the City. t--) -2- B. Responsibilities of SWSCQ: 1. Coopeio ratn in the m Developent of N w Show. Each of the Member Cities to the SWSCC will designate a contact person for the Contractor. It will be the responsibility of each person so designated by the City to coordinate with and work with the representatives of the Contractor to ensure the initiation of the story, ideas, and content of programming to be developed by the Contractor. 2. Facilities. The SWSCC will ensure that its Member Cities will provide reasonable access to their facilities for the Contractor to ensure that the Contractor is able to provide at the various Cities' facilities news shows in response to the request of the designated individuals of the City. 3. Promotion. The SWSCC will be responsible for promotion and marketing the show and for costs it incurs for such purposes. However, it is understood that it will have the assistance of Contractor and its expertise. Further, it is understood that Contractor will include a listing of the show in the Cable Guide. 4. Focus. The SWSCC may, at any time, with the assistance of Contractor, conduct a survey, focus group review, or incorporate other measures to evaluate the impact of the show and the subscriber acceptance of it. Costs for any such evaluation shall be the responsibility of the SWSCC, except the reasonable time and service of Contractor devoted to providing assistance. II. TERM AND TERMINATION A. Term: This Agreement shall be for a 12-month term consisting of fifty-two (52) weekly shows beginning November 17, 1990. B. Termination: Either party may terminate this Agreement by giving 30 days written notice to the other. III. COST AND PAYMENT A. Cost: Each show will be produced at a cost not to exceed $1,962.50. B. Monthly Statements: Contractor will submit monthly billing statements to the SWSCC with payment due within 30 days of the date of the billing statement. IV. INDEPENDENT CONTRACTOR The Contractor shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative, or employee of the SWSCC for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent Contractor with respect to all services performed under this Agreement. The Contractor represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons while engaged in the performance of any work or services required by the Contractor under this Agreement shall not have any contractual relationship with the SWSCC or its Member Cities; and shall not be considered employees of the SWSCC or its Member Cities. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Contractor, its officers, agents, contractors, or employees, shall, in no way, be the responsibility of the SWSCC or its Member Cities. The Contractor shall defend, indemnify, and hold the SWSCC and its Member Cities and any of their officers, agents, and employees, harmless from any and all such claims irrespective of any determination of any pertinent, tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any.compensation, rights, or benefits of any kind whatsoever from the SWSCC or its Member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment insurance, disability, severance pay, and PERA. V. INDEMNITY AND INSURANCE A. The Contractor agrees to defend, indemnify, and hold the SWSCC, its officers, employees, and agents, harmless from ,any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or assignees in performance of the services provided by this Agreement and against all loss by reason of the failure of said Contractor to fully perform, in any respect, all obligations under this Agreement. B. In order to protect itself, as well as the SWSCC, under the indemnity provisions here and above set forth, the Contractor agrees at all times during the term of this Agreement to have and keep in force: 1. A single limit or combined limit or access umbrella professional liability insurance policy covering the activities of the Contractor while performing services for the SWSCC, through its Member Cities, in the following amounts: $1-million for personal injuries and/or damages, and $1-million for total personal injuries and/or damages arising from one occurrence. 2. A single limit or combined limit or access umbrella commercial general liability insurance policy of an amount of not less than $1-million for property damage arising from one occurrence, $1-million for total bodily injuries and/or damages arising from one occurrence, and $1-million for total personal injuries and/or damages arising from one occurrence. VI. DATA PRIVACY Contractor agrees to abide by all applicable state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made nonpublic by such laws or regulations. VII. OWNERSHIP Contractor understands, and SWSCC agrees, that all programs produced by the Contractor shall be the property of the SWSCC and the SWSCC shall be responsible for the maintenance and storage of each program videotape. Further, the SWSCC shall have the responsibility to ensure that any applicable requirements with respect to the storage of these program tapes are accomplished by it. Contractor will retain the video tapes during the term of this Agreement. After the term of this Agreement, SWSCC will be responsible for the location and storage of the video tapes. VIII. NON -ASSIGNMENT The Contractor shall not assign, subcontract, transfer, or pledge this Agreement and/or the services to be performed tender, whether in whole or in part, without the prior written consent of the SWSCC. IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. IX. CONTRACT ADMINISTRATION In order to coordinate the services of the Contractor with the activities of the SWSCC and its Member Cities so as to accomplish the purpose of this Agreement, Adrian Herbst, administrator for the SWSCC, shall manage this Agreement on behalf of the SWSCC and serve as liaison between the SWSCC, its Member Cities, and the Contractor. X. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the SWSCC shall be sent to the SWSCC administrator at 4800 Norwest Center, Minneapolis, Minnesota 55402. Notices to the Contractor shall be sent to the attention of Debra Cottone, at 801 Plymouth Ave. No., Minneapolis, Minnesota 55411. XI. LAW AND JURISDICTION This Agreement is entered into and may be enforced pursuant to the laws of the State of Minnesota and courts of applicable jurisdiction in Hennepin County, Minnesota. The foregoing Agreement has been entered into between the parties this _ day of --�-� 1, , 1991. Each of the parties have read the Agreement, erstand it, and agree to be bound by i t . PARAGO CABLE (r.3 MGR zl,rl91 26Z040 1/4/91 SWSCC - EXHIBIT 2 TO ORDINANCE - EXHIBIT 2 SCHEDULE OF ESTIMATED ANNUAL MINIMUM LOCAL PROGRAMMING EXPENDITURES YEAR ESTIMATED BUDGET ($000'S) 1992 $ 347* 1993 364 1994 383 1995 402 1996 422 1997 443 1998 465 1999 488 *1992 estimate based on 2% of gross revenues for 7 months (Jan - July) and 5/12ths of $347,000. 1992 base will be escalated by 5% annually thereafter. LPEST EXHIBIT 3 LIST OF DOCUMENTS 1. Restated Performance Agreement. 2. Restated Contract for Local Programming Facilities. 3. Restated Contract for Public, Educational and Government Access Services. 4. Acceptance of Local Programming Restructuring Ordinance. 5. Consent Agreement and Guaranty of Performance. a 3l3 — bZ ` 2- -- 2, L o67S et-,-,4-e4-aL $ MP d I lrJ , 5 s-I-, fkiN, ,,-t- - LyQ 44d /o- 1 / 2 , _I-e_x,cFie .-iv,0e4te,3-41 t £Z., tio-pe J' SffLet r L \/ _ . v-u vaeLci- a.4 V v r i v LII_ ;u�e .1:71— '4AA214- jL* v -41 .. 444-tr-e- 04- Ld 11L-1--g) it/rA—i. ALI Z%-e= e COUNCIL AGENDA ITEM IV..'A 11/12/91 RE: Puposed Blake Road Improvements Dear Mayor & Edina City Council We the undersigned residents are aware that you will soon be considering a proposal to upgrade Blake Road, north of Pine Grove Road, to state collector road standards, including sidewalk. We are asking you to consider alternative courses of action particularly for the section of Blake Road between Scriver Road and Interlachen Blvd. This section is bordered by Mirror Lake and an abrupt hill with many pines, oaks, cedars, and shrubbery which provides much beauty throughout the year and a natural privacy barrier for residents along the road. Upgrading this section of the road to collector road standards would involve major reconstruction and widening. It would not only be quite difficult and costly but also destroy the scenic country look of the road. Impairing the natural beauty, privacy, and wildlife shelter this section of roadway provides is not necessary. The existing road is repairable and we suggest it be simply repaired and seal coated or overlayed if necessary. Making this road wider will not make it safer. It will only attract more traffic and encourage higher speeds that we are all strongly opposed to. Also, sidewalk north of Lake Ridge Road would serve very few residents and be seldom used. We would appreciate your consideration of the suggested alternatives. Respectfully suI tted on behalf of attached petitioners, e City of Edina, Minnesota CITY COUNCIL 4801 West 50th Street • Edina, Minnesota 55424 • (612) 927-8861 PETITION Tg. n SIDEWALK STORM SEWER 1 ❑ ALLEY PAVING ❑ SANITARY SEWER CURB AND GUTTER ONLY ❑ PERMANENT STREET SURFACING WITH CURB AND GUTTER To the Mayor and City Council: The persons who have signed this petition ask the City Council to consider th to the locations listed below. BLAKE ROAD LOCATION OF IMPROVEMENT BY STREET NAME BLAKF; ROAD LOCATION OF IMPROVEMENT BY STREET NAME LOCATION OF IMPROVEMENT BY STREET NAME LOCATION OF IMPROVEMENT BY STREET NAME between between between between 50�'ERBLALAKF ROADCHR1 BLVD) uu�u ADDRESS LAKE RIDGE ROAD) 5108 RT.AKF R0AT) ADDRESS ADDRESS ADDRESS DATE: 10/1/91 ❑ WATERMAIN ❑ STREET LIGHTING X❑ OTHER: TO licahiTSTALL SIDEWALK OR DESTROY JQATTTRAT, RFATITY OF ROADWAY WITH EXCESSIVE ROAD WIDENING (INSTEAD REPAIR & SEAL COAT e improve entss ttisstec abGovOADWAY) and 08 B1a1WEROAD ) ADDRESS SuilvEand 512 S BI �� ROAD ADDRESSADDRESS and and ADDRESS ADDRESS IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINSV1THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. PROPERTY OWNER'S OWNER'S NAME SIGNATURE / (PRINTED) N% 4 td/J / Jic_,e_-c- �r Z‘-6 /( ' tifrt- tri-a- PROPERTY ADDRESS SJ2 o i(A4-F Ail OWNER'S PHONE 577,z 'Soon g4 lltr , 9;f "of • S/a ? igL4 P—D Q3S- G Q Act it I O it) J c:< -o G"'/ This petition was circulated by: ,T0 TnT M z,RcKE 5020 BLAKE ROAD 939-9000 NAME ADDRESS PFIONE There is space for more signatures on the back or you may attach extra pages. * Several residents would like to have sidewalks installed SEPTEMBER 1990 as far north on Blake Road as Lake Ridge Road and a stop sign installed. PROPERTY OWNER'S SIGNATURE OWNER'S NAME (PRINTED) PROPERTY ADDRESS OWNER'S PHONE _,(//eo g4/ a� moo. 93517f-7. 5- 7 A14 e 78f, - JA t3 1S'E/✓r� 1 �.,4�� %'� ,l - J OS" ke,�, D, U 1 // • /1E G S v ,c/ ,s--/ as-- 14,c<- 2 i DG e / -, 7 6 /C & / /�'y�! .�5 7/Ws.7 r - 7 a <61e Fes' S l/''LL_sog//?- Ck/vr 93:3--73441 /; / c / �c .6' q -CO S -y \I „ c• dye 7 ' t / ; /1( Jci -c L /( Wi Ll � /iy/ f4132 /`(,vuS1"-Us /-,tom` pcw- 7?. (a rt ►� � � ti_ - (fJo-u 'Z / MEG- oEk)�}c.l� Lfj lvtetvvet h`,f UGC" ,72/44er,4, / 1 / Lr ���c rl /?-/ / ,f 1- 1 -- rb �Y3.3-ti 3c( c 6 93 935- - 6,3,c5- tl3ff' - s?� 93 93 »-)YS3 w / s , --t' I) 14.6 E SZ. 2 cat --%) a , , 41- c-3`. 1)4 00 i3c.1 KHoL-01K7 ) C }-f 5cJ(/f4' RI) 5'33.- 2G 7 R fei,1 4 / ' ,�� � // NSly t s_5 ehegor2 dorms (AI / )v 5�as 5e_e,uee 5-9s7 // 1-kAi / G . t1Av-se,J 6?-25- f fAf srN �35 -us6 REQUEST FOR PURCHASE TO: FROM: David A. Velde, City Sanitarian VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 Mayor and City Council DATE November 18, 1991 AGENDA ITEM v . A ITEM DESCRIPTION: Collection of Refuse from City Properties Company Amount of Quote or Bid 1. Aagard Environmental Services 2. Randys Sanitation 3. Quality Waste Control, Inc. 4. Browning -Ferris Industries 5. Nitti Disposal 1.$5.83 per cu. yd. 2.$5.84 per cu. yd. 3.$6.23676 percu.yd. 4.$6.46 per cu. yd. 5,$7.20 per cu. ud. RECOMMENDED QUOTE OR BID: Aagard Environmental Services at $5.83 per cu. yd. GENERAL INFORMATION: Bid specifications were mailed to fifteen licensed commer- cial refuse haulers. Notices were published in the Edina Sun Current and the Construction Bulletin advertising the letting of bids on October 23, 1991, and on October 25, 1991 respectively. The bid from Aagard Environmental Services is 6 per cubic yard lower than the present contract with Aagard. The estimated annual cost for this contract for 1992 is $41,936.20. J � , Signature The Recommended bid is Health Department, within budget not within • • d allin, Fina : e Director Kenneth Rosland, City Manager 2. 3. 4. 5. REQUEST FOR PURCHASE TO: FROM: VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE Mayor and City Council Ted Paulfranz, Fire Chief November 5, 1991 AGENDA ITEM v . B ITEM DESCRIPTION: AIR TURNOVER HEATING SYSTEM Company Owens Services Corporation E.A.H. Schmidt & Associates Amount of Quote or Bid 1. $16,000--$16,500 2• $14,691 3. 4. 5. RECOMMENDED QUOTE OR BID: E.A.H. Schmidt & Associates GENERAL INFORMATION: Air turnover heating system to replace four (4) ceiling -mounted, space heaters* for apparatus parking garage. This type unit has been recommended by City of Edina Public Works. This unit will provide a higher energy efficiency. Funding is from the Capital Plan. * Only 3 of 4 units are operational - units cannot be repaired) Signat re The Recommended bid is FIRE Department within budget not wit t}in bu�get �ihmW llin, Firs nce Director Kenneth Rosland, City Manager REPORT/RECOMMENDATION To: Mayor and Council From: John Wallin Finance Director Date: November 18, 1991 Subject: Proposed 1992 Fees an Charges Agenda Item # Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Review schedule of proposed 1992 fees and charges Info/Background: Attached is the schedule of proposed 1992 fees and charges. The schedule compares the proposed fees and projected number of permits for 1992 with those for 1991. The BOLD print under the NO. OF PERMITS and FEE columns reflects changes in the projected number of permits and proposed fees compared with those for 1991. 22.1 a-22.1 bb FIRE SPRINKLER PERMIT 300 CITY OF EDINA FEES AND CHARGES 40-300 NO.;OF 1992. REVENUE PERMITS FEE REVENUE 300 40-300 22.1 f FIRE PUMP INSTALL 75 75 22.1 g STAND PIPE INSTALL 75 75 22.1 h EACH ADDITIONAL 5 22,000 5 21-21b GAS PUMP, TANK & BURN: SPECIAL HAZARD 22,000 35 25-100 35 25 - 100 50 GREASE VENT 65 35 65 35 22.1i FIRE ALARM SYST 30 STATE CODE 30 STATE CODE 22 FIRE EXT SERV 20 15 4,500 20 15 2,000 22a FALSE ALARMS AMBULANCE: 11 175 2,000 11 175 2,000 RESOLUTION LEVEL 1500 60 1500 70 RESOLUTION LEVEL II 260 300 RESOLUTION LEVEL III 310 360 RESOLUTION LEVEL IV 360 415 RESOLUTION LEVEL V 410 475 RESOLUTION DOWNTOWN HOSPITAL 60 425,000 70 475,000 HAZARDOUS MATERIALS RESOLUTION ENGIN CO 150/HR 150/HR RESOLUTION HAZMAT UNIT 300 300 RESOLUTION PERSONNEL PAY RATE PAY RATE RESOLUTION EQUIP & SUPPLIES AT COST + 10% 3,000 AT COST + 10% 3,000 ASSESSING MANAGER SPEC. ASSESSMENT SEARCH PLANNING 500 10 5,000 500 10 5,000 19a SIGN PERMIT 110 55 110 60 19b BENCH COURTESY 12 12 19c SIGN VARIANCE -RES 75 100 19d SIGN VARIANCE -COMM 150 6,000 200 8,000 PLANNING FEES: 27c NBR PROPERTY OWNER 500 $1/OWNER 500 $1/OWNER 28a-1 RESTRICTED PARKING 1 500 28a-2 0-50 SPACES 100 28a-3 51-100 SPACES 150 28a-4 100-200 SPACES 250 28a-5 OVER 200 SPACES 400 CITY OF EDINA FEES AND CHARGES 1991 FEE NO.OF PFRMrrR.' 1992 FFF' 28b SUBDIVISION 7 250 + $10/LOT 7 350 + $10/LOT 29b-d REZONING 3 300 - 600 3 300 - 600 29e WAREHOUSE SALE 4 300 4 300 29f COND USE PERMIT 1 500 1 500 29g FINAL DEVL PLAN 5 350 5 400 28a LOT DIVISION 7 30 7 50 28c DEVELOPER FEE/PLAN A 6.5% TOTAL COST 6.5% TOTAL COST 29a VARIANCE RESIDENTIAL 20 75 20 100 29a-1 COMMERCIAL 20 150 20 200 29f.1 LANDSCAPING 10 100 10 100 29f.a TEMPORARY COND USE 5 75 31 VACATION APPLICATIONS 6 100 6 100 RESOLUTION COMPLIANCE LETTERS 50 50 11,000 50 50 11,000 POLICE BOWLING, TAXI & AMUSEMENT PUBLIC DANCE 1 4 35 4 35 2a-2b BOWLING ALLEY LIC 0 35 + $10/LANE 0 35 + $10/LANE 3 KART TRACK LICENSE 0 5/KART OR 40 0 5/KART OR 40 4 BINGO & GAMBLING 5 10 5 10 5a-5b MECH AMUSE DEVICE 32 5 - 40 32 5 - 40 THEATRE LICENSE 3 125 3 125 19b BENCH COURTESY SIGNS 59 12 59 12 36.5 LOUDSPEAKER PERMIT 18 6 18 6 40 PARKING PERMIT NA 3/MONTH NA 3/MONTH 40a REFUND ON STICKER NA 3/MONTH NA 3/MONTH 43 SOLICITOR 20 40 20 40 44a MOTOR BIKE LICENSE NA 50 NA 50 44b RENTING MOTOR BIKE NA 100 NA 100 46 TAXI DRIVER 0 40 0 40 47a BUSINESS MASSAGE LICENSE 0 200 0 200 47b INDN. MASSAGE LICENSE 6 55 6 55 47c INDIV. FEE-INDIV. LIC. 2 55 2 55 47d INDIV. FEE -BUSINESS LIC. 0 1,500 0 1,500 49 TAXICAB 130 40 12,000 130 40 10,000 48 FALSE ALARM 480 75 37,000 480 75 37,000 DOG & IMPOUNDING FEES: IMPOUNDING: 7a DAILY CARE 100 12 100 12 7b FIRST OFFENSE/YR 140 30 140 30 7c SECOND OFFENS/YR 4 55 4 55 7d THIRD OFFENSE/YR 1 105 1 105 7e DISPOSAL 8 15 8 15 7f DOG LICENSE 100 25 100 25 7f NEUTERED LICENSE 300 12 300 12 'g DUPLICATE LICENSE 10 6 10 6 /h KENNEL LICENSE 0 55 0 55 7f-1 DOG LICENSE RENEWAL 50 11 50 11 7f-1 DOG LICENSE RENEW S/N 150 8 12,000 150 8 12,000 CITY OF EDINA FEES AND CHARGES NO: OF 1991 NO. OF 1992 PERMIT FEE REVENUE PERMITS CITY CLERK 36a • SUNDAY LIQUOR LICENSE 2 200 2 200 36b ON -SALE LIQUOR 2 650 2 650 36c ON -SALE BEER RENWL 16 180 20 190 36c-1 ON -SALE BEER NEW 2 235 1 245 36d OFF -SALE BEER RENW 5 180 5 190 36d-1 OFF -SALE BEER NEW 1 235 0 245 36f TEMP LIQUOR LICENSE 1 35 1 35 36g 36g 36g 36g ON -SALE WINE: 50 OR < SEATS 0 610 0 630 51-100 SEATS 101 - 150 SEATS 3 4 660 710 5 4 680 735 OVER 150 SEATS 3 760 4 785 36h MANAGERS LICENSE 34 55 16,000 41 55 18,000 HEALTH POOL & SPA: 17a INDOOR SWIM POOL 30 260 25 270 17b OUTDOOR SWIM POOL 26 140 31 145 18 WHIRLPOOL 11 60 12,100 13 65 12,000 OOD & SOFT DRINKS: 23 SEWAGE DISPOSAL SYS. 0 25 0 25 24a MILK PLANT OPERATION 0 100 NA 100 MILK PRODUCTION & DISTR: 24b EACH TRUCK 0 10 NA 10 24c > FIVE TRUCKS 0 50 0 50 25a FOOD ESTABLISHMENT 80 360 74 375 25a MANAGER CERTIFIED NA 310 NA 325 25a ADDED FACILITY 5 90 21 100 25aa DAY CARE LMTED FOOD 1 115 25a1 TAKE OUT FOOD 7 240 30 250 25a1 MANAGER CERTIFIED NA 190 NA 200 25a2 PACKAGED FOOD 4 115 14 120 25a3 FOOD WAREHOUSE 2 55 1 60 25a4 CATERING FOOD EST 4 360 0 375 25a4 MANAGER CERTIFIED NA 310 NA 325 25a4 ADDED FACILITY 0 90 0 100 25b ITINERANT FOOD EST 25 55 25 60 25c RETAIL CANDY SHOP 10 40 21 45 25d READY PERISH FOOD 20 60 5 65 25e FLEET OF 5 OR MORE 0 300 1 325 25f BAKERY VEHICLE 0 50 NA 50 25g CATERING VEHICLE 0 140 0 140 25g ADDED VEHICLE 0 20 0 20 CITY OF EDINA FEES AND CHARGES REVENUE NO, OF PFRMrr4 1992 ' FEE' IUE 25h PERISHABLE FOOD 5 60 0 65 25i FLEET OF 5 OR MORE 0 300 0 325 251 FOOD VENDING MACH 400 15 350 15 25k ICE VENDING MACH 0 10 0 10 25k PKG ICE 2 20 2 20 251 FOOD EST PLAN 5 100% LICNS FEE 5 100% LICNS FEE 251-1 FOOD EST PLAN REMO 10 50% LICNS FEE 10 50% LICNS FEE 26 FUMIGATING PERMIT 0 12 NA 12 27a 50 OR < ROOMS 1 150 1 150 27a OVER 50 ROOMS 0 $1 / ADDED ROOM 0 $1 / ADDED ROOM 27b LODGING LICENSE 0 55 42,400 0 55 51,400 SCAVENGER & GARBAGE COLLECTORS: 41 GARBAGE HAULER 15 100 10 110 41 ADDED VEHICLE 20 35 20 40 42a SCAVENGER LIC 0 25 0 30 42a RENEWAL 0 15 3 20 42b SCAVENGER PERMIT 20 20 2,300 20 20 2,400 45a VENDING 50 12 600 50 12 600 9a-9i BUILDING BUILDING PERMITS BUILDING PERMITS STATE CODE 10a CODE COMPLIANCE INSP RESIDENTIAL 0 60/HR 6 75/HR 10b COMMERCIAL 0 60/HR 3 125/HR 11a MOVING OF BLDGS. 0 50 0 200 11 b INDEMNITY FOR DAMAGES 0 500 0 500 11c EXCAVATION PERMIT $10/100 FEET 0 $10/100 FEET STREET SURFACE REPAIR 20 11d UNDER 10 SQ FEET $15/SQ FOOT 11 a 10 - 25 SQ FEET $10/SQ FOOT 11f OVER 25 SQ FEET $5/SQ FOOT 12 INSTALLER'S LICENSE 0 25 0 50 13a GASFITTING LICENSE 0 25 0 50 13b WATER COND. INSTAL. 0 25 0 25 NEW LATE FILING FEE NA 25 20 CONSTRUCT/ALTER WELL 0 25 0 25 30 RADIO & TV ANTENNAS 0 BLDG PERMIT AMT 0 BLDG PERMIT AM 33 PRIVATE EXCAVATION 0 50 0 50 34 MINING/STRIPPING 0 50 0 50 PLUMBING: EACH FIXTURE 14a 1,400 11 1,400 See new Fee Structure end of this section. 4b ROUGH -IN FIXTURE r 8 _.4c SETTING FIXTURES 8 14d BEER DISPENSER 8 14e BLOW OFF BASIN 11 FEE INO, FEES NO. OF CCOlIT CITY OF EDINA FEES AND CHARGES NUE NO. OF PERMITS 1992 FEE REVENUE 14f CATCH BASIN 11 14g ELEC WATER HEATER 11 14h HYDRAULIC VALVE 11 14i MANHOLES 11 141 NEW GROUND RUN 11 14k ROOF DRAINS 11 141 SUMP TANK 11 14m WATER SOFTENER 11 14n EXTEND WATER LINES 12 14p SEWER 20 14q WATER 20 14r INSTALL WATER MTR 20 14s 14t 14t1 14t2 14v 14w 3/4' 1' INSTALL RPZ BACKFLOW INSPECT RPZ ROAD REPAIR: BLACKTOP CONCRETE 125 125 12 12 120 120 14y UPTO2' 15 14y-1 ADDED TO 2' 3 14z OVER 2' 20 14z-1 ADDED OVER 2' 3 14aa GAS STOVE 11 14ab-14ab1 HOT WATER HEATER 11 14ac GAS LIGHT 11 14ad GAS BARBECUE 11 14ae INCINERATOR 15 14af MINIMUM PERMIT FEE 15 NEW NEW MINIMUM FEE: RESIDENTIAL COMMERCIAL FEE CALCULATION: 20.50 25.50 NEW $0 - $1,000 FEE STRUCTURE REVISED FOR 1992 $13.75 + 2.75% > $500 NEW $1,001 -$5,000 $26.25 + 2.25% > S1,000 NEW $5,001 - $10,000 $116.25 + 2% > $5,000 NEW $10,001 - $25,000 $216.25+1.75% > $10,000 NEW $25,001 - $50,000 $478.75 + 1.5% > $25,000 $50,001 & OVER 60,000 $865.75 + 1.25% > $50,000 72,000 15p-5 15p-6 HEATING, VENTILATION & MECHANICAL: MINIMUM FEE RESIDENTIAL COMMERCIAL FEE CALCULATION 2,000 CITY OF EDINA FEES AND CHARGES 15 20 NO, OF 1992 PERMITS FEE REVENUE I' 2,000 20.50 25.50 15p-7 $0 - $500 2.75% OF CONTRACT PRICE $13.75 15p-8 $501 - $1,000 $13.75 + $13.75 + 2.5% > $500 2.75% > $500 15p-9 $1,001 -$5,000 $26.25 + $26.25 + 2.25% > $1,000 2.25% > $1,000 15p-10 $5,001 - $10,000 $116.25 + $116.25 + 2% > $5,000 2% > $5,000 15p-11 $10,000 - $25,000 $216.25 + 1.75% $216.25 + 1.75% > $10,000 > $10,000 15p-12 $25,001 - $50,000 $478.75 + 1.5% $478.75 + 1.5% > $25,000 > $25,000 15p-13 $50,001 & OVER $853.75 + 1.25% $865.75 + 1.25% > $50,000 > $50,000 70,000 80,000 PARK AND RECREATION REGISTRATION FEE: RESOLUTION PLAYGROUND 460 10 460 10 RESOLUTION AQUATIC INSTR 800 30 800 30 RESOLUTION T-BALL 490 22 490 22 RESOLUTION TENNIS INSTR 430 25 430 25 RESOLUTION FIELD USE FEE 4700 5 5,700 5 RESOLUTION PEEWEE TENNIS 60 15 60 15 RESOLUTION TEAM TENNIS 25 25 75,000 25 30 80,000 OTHER CHARGES ENGINEERING & CLERICAL MUNICIPAL COURT FINES CHARGES TO OTHER FUNDS CONTRIBUTION FROM LIQUOR FUND SALES & RENTAL PROPERTY MISCELLANEOUS REVENUE INCOME ON INVESTMENTS LABORATORY FEES DONATIONS SERVICES HRA OTHER 120,000 515,000 115,000 380,000 25,000 25,000 80,000 3,000 500 185,000 2,000 140,000 495,000 123,300 380,000 30,000 35,000 80,000 8,000 500 150,000 7,884 TOTAL FEES & CHARGES $2,751,150 $2,833,084 CITY OF EDINA FEES AND CHARGES NO, OF 1991 NO.:OF PERMIT FEE REVENUE PERMITS UTILITIES TT earN_ie 37a SGL FAM. < 1600 CU FT 21.60/OTR 23.20/QTR 37b > 1600 CU FT 1.35/100 CU FT 1.45/100 CU FT 37c 4-UNIT APTS 104.00+19.20 > 4 OR 1.35/100 CU FT 112.00+20.75 > 4 OR 1.45/100 CU F 37d COMM & IND BLDGS 27/WATER METER OR 1.35/100 CU FT 29/WATER METEFF 1.45/100 CU FT 38f IND USER SEWER STRENGTH 38f SAC 650 700 WATER SERVICE: 39c EAST OF BEARD AV 1.10/100 CU FT 1.10/100 CU FT 39b MORNINGSIDE AREA 1.10/100 CU FT 1.10/100 CU FT 39a ALL OTHER AREAS .44/100 CU FT .46/100 CU FT 39d LESS THAN 1600 CU FT 7.04/OTR 7.36/QTR FLAT WATER CHARGE: 39f PARK DEPT/SPRINK/SKATE 2,500 2,500 39g ST DEPT/FLUSH 1,000 1,000 39i CURB WATER STOPS 12.50/EA 12.50/EA REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: MARCELLA DAEHN , CLERK Date: NOVEMBER 18, 1991 Subject: FEES AND CHARGES ORDINANCE NO. 171-A37 Agenda Item # vI.A Consent I j Information Only Mgr . Recommends To HRA x To Council Action Motion Resolution x; Ordinance Ei Discussion Recommendation: Adoption of Ordinance No. 171-A37 - To Increase/Decrease Certain Fees and to Add Certain Fee Numbers. Info/Background: The attached draft ordinance lists the increases or decreases in fees and charges proposed for the year 1992 as set forth in the schedule prepared by John Wallin, Finance Director. (DRAFT) ORDINANCE NO. 171-A37 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO INCREASE/DECREASE CERTAIN FEES AND TO ADD CERTAIN FEE NUMBERS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The following described fee numbers of Schedule A to Ordinance No. 171 are amended to read as follows: ORD. SEC. NO. NO PURPOSE OF FEE/CHARGE 408 1 Building Code compliance inspection 411 2 Permit for moving of buildings 421 4 Street Surface Repair 429 38 Oil burner installer's license, stoker in- staller's license, steam and hot water heating system installer's license mechanical warm air heating & air conditioning system installer's license, re- frigeration system instal- ler's license 431 21 Gasfitting license 432-Al 15 Plumbing permit, gas fitting permit AMOUNT $ 75.00 per hour Residential $125.00 per hour Commercial FEE NO. l0a lOb $200.00 lla Under 10 sq. ft.-$15/sq. ft. 10 - 25 sq. ft.-$10/sq. ft. over 25 sq. ft.-$ 5/sq. ft $50.00 $50.00 Minimum Fee: Residential $ 20.50 Commercial $ 25.50 Fee Calculation for total valuation $ 0 - $ 1,001 $ 5,001 $10,001 $25,001 $50,001 lld lle llf 12 13a 14a thru 14af of work: $ 1,000 $ 13.75 plus 2.75% > $ 500 $ 5,000 $ 26.25 plus 2.25% > $ 1,000 $10,000 $116.25 plus 2% > $ 5,000 $25,000 $216.25 plus 1.75% > $10,000 $50,000 $478.75 plus 1.5% > $25,000 Over $865.75 plus 1.25% > $50,000 Ordinance No. 171-A34 Page Two ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE 433 Heating, Air Ventilation, Fireplaces & Conditioning Mechanical, Gas Piping 434 27(f) Public or semi-public swimming pool license 434 28(f) Public or semi-public whirlpool bath or therapeutic swimming pool license 451 451 731 5 731A9 5 731 5 731 5 731 5 731 5 731 5 731 5 6(b) Sign permit 6(g) Sign variance fee Food establishment license Day-care, limited food establishment Take-out facility license Packaged food sales license Food warehouse license Catering food establishment license Itinerant food establish- ment license Retail candy shop license AMOUNT FEE NO. Minimum Fee: Residential $20.50 15p-5 Commercial $25.50 15p-6 Fees for permits based on contract price as follows: $ 0 - $ 1,000 $ 13.75 plus 15p-8 2.75% > $ 500 $50,001 - Over $865.75 plus 15p13 1.25% > $50,000 $270.00 per annum enclosed part or $145.00 per annum outdoor pool for each pool 17a all of the year for each 17b $65.00 per annum for each bath 18 or pool $60.00 19a $100.00 - residential property 19c $200,00 - commercial property 19d $375.00 per annum, $325.00 if 25a certified pursuant to Ord. No. 731-A7, plus $100.00 per annum for each additional facility $115.00 per annum $250.00 per annum, $200.00 if certified pursuant to Ord. No. 731-A7 $120.00 per annum 25aa 25al 25a2 $60.00 per annum 25a3 $375.00 per annum, $325.00 if 25a4 certified pursuant to Ord. No. 731-A7, plus $100.00 per annum for each additional facility $60.00 per event 25b $45.00 per annum, plus $5.00 25c per annum for each additional facility 731 5 Readily perishable food vehicle license $65.00 per annum 25d Ordinance No. 171-A34 Page Three ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE AMOUNT 731 5 Fleet of 5 or more readily $325.00 per annum perishable food vehicles license 731 5 Perishable license 731 5 Fleet of 5 perishable license food vehicle or more food vehicles 804 9(a) Plat and subdivision fee 825 4(e) Variance Fee $65.00 per annum $325.00 per annum FEE NO. 25e 25h 25i filing For division of one or more lots 28a where no new buildable lots are created - $50.00 per lot divided For all other plats and 28b subdivisions - $350.00 plus $10.00 per lot 825 4(e) Final Development Plan 902 16 Non -intoxicating malt liquor license On -sale Off -sale Residential - $100.00 Commercial - $200.00 $400.00 $190.00 per annum (renewal) $245.00 per annum (new) $190.00 per annum (renewal) $245.00 per annum (new) 902-Al 38(b)On-sale wine license: Per year - Restaurants with 50 or fewer seats 51 - 100 seats, inclusive 101 - 150 seats, inclusive Over 150 seats 1101 3(a) Sewer Rental Charge: Single family dwellings, townhouses, two-family dwellings, apartment buildings containing or less dwelling units: To and including 1600 cubic feet From 1601 cubic feet and over Apartment buildings with more than four dwelling units Commercial and industrial buildings, including schools and churches $23.20 per quarter $1.45 per 100 cubic feet 29a 29a-1 29g 36c 36c-1 36d 36d-1 $630.00 36g $680.00 $735.00 $785.00 37a 37b $112.00 plus $20.75 for each 37c unit over four, or $1.45 per hundred cubic feet of water used during the quarter, whichever is greater $29.00 per water meter or 37d approved sewage metering device on premises, or $1.45 per hundred cubic feet of water used during the quarter, whichever is greater Ordinance No. 171-A34 Page Four ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE 1102-Al Service Availability Charge (SAC) 1111 3(a) Water service 1111 3(b) 1301 6 Garbage hauler license 1302 4 Scavenger License Sec. 2. The following are hereby deleted (Numbers AMOUNT FEE NO. $700.00 per SAC unit x number of 38f SAC units computed as set in Ord. No. 1102-Al 1. $0.46 per 100 cubic feet for 39a areas of City except areas described in 2. and 3. (Fee Nos. 39b and 39c) Minimum charge of $7.36 per 39d quarter will be made where water consumption amounts to less than 1600 cubic feet $110.00 per annum for first vehicle, $40.00 for each additional vehicle 41 $30.00 for first license, $20.00 42a for each annual renewal thereof fee numbers to Schedule A of Ordinance No. 171-A37, to be inserted). Sec. 3. Schedule A to Ordinance No. 171 is thereto: (to be added). Sec. 4. Following publication, January 1, 1992. First Reading: Second Reading: ATTEST: City Clerk amended by adding the following the effective date of this Ordinance shall be Mayor REPORT/REOOMMENDAT1ON To: KEN ROSLAND, MANAGER From: Date: MARCE T A DAEHN, C'TFRK NOVEMBER 18, 1991 Subject: AMBULANCE FEES - 1992 Agenda Item # Consent Information Only Mgr . Recommends Action VI.A.2. [1 To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Adoption of the attached resolution setting Ambulance Fees for 1992. Info/Background: Attached is the draft resolution setting the proposed Ambulance Fees for 1992 as recommended by the Fire Department. RESOLUTION SETTING AMBULANCE FEES FOR 1992 BE IT RESOLVED that the Edina City Council does hereby approve and set the following ambulance service fees for 1992: AMBULANCE FEES Service Level Fees for Ambulance Service, including medical treatment and/or transportation to a medical facility: Level I - On Scene Treatment Specialized medical services performed at scene with no transport involved Level II - Minor Care (BLS) Vital Signs Splinting Bandaging, etc. Level III - Moderate Care (ALS) I.V. Setups EKG Monitoring Spine Immobilization $ 70.00 $300.00 $360.00 Level IV - Manor Care $415.00 Level III plus any: Medications MAST (inflated) Additional manpower Mechanical extrication Level V - Cardiac Arrest Level IV plus any: Cardio Pulmonary Resuscitation (CPR) Defibrillation Additional Charge for Transportation to "Downtown" Hospitals Abbott/Northwestern, Minneapolis Children's Medical Center, Metropolitan Mount Sinai, Fairview Riverside, Fairview Ridges Medical Center, Hennepin County Medical Center, University of Minnesota, North Memorial Medical Center, Veteran's Administration $475.00 $ 70.00 REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: MARCELLA DAEHN, CLERK Date: NOVEMBER 18, 1991 Subject: MISCELLANEOUS FEES - 1992 Agenda Item # VI . A. 2 . Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Adoption of the attached resolution setting miscellaneous fees for 1992. Info/Background: The Fire Department has recommended the proposed adjustment in fees for hazardous materials response. Please note all "cost" charges will include a 10% administrative charge. (over) RESOLUTION SETTING MISCELLANEOUS FEES FOR 1992 BE IT RESOLVED that the Edina City Council does hereby approve and set the following miscellaneous fees for 1992: HAZARDOUS MATERIALS/SPILLS RESPONSE Engine/Fire Company $150.00 per hour/2-hour minimum HazMat Unit $300.00 per hour Specialized Personnel $50.00 per hour/2-hour minimum Specialized Equipment Cost + 10% administrative charge Supplies Cost + 10% administrative charge Disposal Cost + 10% administrative charge Other City Resources Cost + 10% administrative charge C cAZ CA-1 Lt sc-)\• ±- cjLti 6Lre-ari° "c1321-4 () 6-1\t(1 'AJ• L-0 J-QA3-e /9 666) EcLa_ mA4ssL(.2_yr 456- a (5-1t-i2c0"-t L5-z)—kj2C-C)._Ve—.1 Ari co Lasit.a 66-14dua_ c-s1-4 e_QA, REPORT/RECOMMENDATION To: From: Bob Kojetin, Director Park and Recreation Dep Mayor Richards and Council Members Date: November 15, 1991 Subject: 1992 Fees and Charges for Pa and Recreation Facilities Agenda Item # °I. 2 Consent ❑i Information Only Mgr . Recommends k Action L x To HRA To Council Motion Resolution Ordinance Discussion - Recommendation: The Park Board recommends approving the 1992 fees and charges. Info/Background The following motion is from the November 12, 1991 Park Board meeting: Bill Lord MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ADOPT THE 1992 FEES AND CHARGES AS RECOMMENDED BY THE PARK AND RECREATION DEPARTMENT. Pat Vagnoni SECONDED. MOTION CARRIED. EDINA PARK BOARD 7:30 p.m. November 12, 1991 MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Bob Christianson, Beth Hall, Pat Vagnoni, Mac Thayer, Andy Montgomery, Jean Rydell, Paul O'Connor, Beth Hall, Bill Jenkins, Andrew Herring MEMBERS ABSENT: James Fee STAFF PRESENT: Bob Kojetin, John Keprios, Solvei Swenson, Susan Weigle, John Valliere I. APPROVAL OF THE OCTOBER 8, 1991 Jean Rydell MOVED TO APPROVE THE OCTOBER 8, 1991 MINUTES. Andy Montgomery SECONDED THE MOTION. MINUTES APPROVED. II. LETTER FROM CLIFF SOUR - Resignation Bob Christianson read Cliff "Chip" Sour's letter of resignation from the Edina Park Board. Bob Christianson then read a Resolution of Appreciation from the Park Board to Chip Sour. Bill Jenkins MOVED TO ADOPT RESOLUTION OF APPRECIATION. Pat Vagnoni SECONDED THE MOTION. DISCUSSION: Bob Christianson expressed his appreciation for Chip Sour's exemplary, outstanding and insightful contribution to the Park Board. Mr. Sour has been helpful in Community Education Service Board and as a liaison with the Golf Course. Bob Christianson thanked Mr. Sour for his activity on the Park Board. Chip Sour shared his appreciation for serving on the Park Board and for the people on the board. MOTION CARRIED III. REPLACEMENT FOR THE COMMUNITY EDUCATION SERVICE BOARD Mr. Sour will no longer be the Council appointed Park Board representative to the Community Education Service Board which is a board that reports to the School Board. Jean Rydell volunteered to serve on the Community Education Service Board. Bob Christianson MOVED TO RECOMMEND JEAN RYDELL TO SERVE ON THE COMMUNITY EDUCATION SERVICE BOARD. Bill Lord SECONDED THE MOTION. MOTION CARRIED. Chip Sour also served as a liaison to the Golf Course Board. Bob Christianson appointed Andy Herring as the new liaison to Golf Course Board and requested that John Valliere get the appropriate information to Mr. Herring. IV. 1992 FEES AND CHARGES Bob Kojetin presented the proposed changes for the 1992 fees and charges. The fees for the swimming pool had already been approved during the improvement discussions. The Arena fees show an increase which will be in effect in September, 1992. The Golf Course has increases from $ .25 to $2.00, the Golf Dome has an increase in the league fees. Edinborough/Centennial Lakes fees are the same as those approved during middle of the summer for the opening. Andy Montgomery noted that the discount for the Senior Fee in golf has been reduced from $1.00 to $.50. There generally is more of a discount for players once they reach the age of 65. John Valliere indicated that over 50% of the players on the golf course are over 65 years of age and that this age group is growing. Bob Christianson inquired about whether the fees were revenue or cost generated. Mr. Kojetin replied that it is a combination of both. Bill Jenkins asked if there were any golf courses that do not give a senior discount. John Valliere stated that all gave a discount in the state, however, on weekends they don't give a discount. Braemar does not give a discount on weekends. Bob Christianson asked how Braemar compares with the market place. John Valliere stated that we are slightly above average on course fees. Lockers and golf car fees are very comparable. Bill Lord MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ADOPT THE 1992 FEES AND CHARGES AS RECOMMENDED BY THE PARK AND RECREATION DEPARTMENT. Pat Vagnoni SECONDED. Andy Montgomery MOVED TO AMEND THE MOTION TO CHANGE THE SENIOR GREEN FEES TO $14.50 AND $11.50 FOR PATRONS AND NON -PATRONS. Mac Thayer SECONDED THE MOTION. DISCUSSION: Andy Montgomery commented that if the seniors are the ones playing the most, they would be bringing in more dollars than the non -seniors at a $ .50 increase. AMENDED MOTION DEFEATED. 2 ayes 8 nays MOTION TO RECOMMEND FEES AS PRESENTED CARRIED. Bob Kojetin presented the facility budgets for Park Board's information. Bob Christianson inquired if Centennial Lakes Budget was a separate entity from the park budget. Mr. Kojetin stated that it was. Bob Kojetin discussed the trust or developers fund in which the interest is used to operate the Centennial/Edinborough Park alon with user fees and rental revenues. Andy Montgomery inquired about the golf course's revenue on investment which is overstated by $115,000. John Valliere explained that income was from the investments from bonds for the construction of the new nine holes, which has not be able to start. V. RECREATION REPORT Paul O'Connor reported that representatives from the Edina Girls Athletic Association and the Edina Basketball Association attended the School Board meeting because they were concerned about user fees for gym space. Dr. Ray Smythe will establish a committee represented by the school staff, volunteers from the athletic associations involved and an Edina Park and Recreation Department representative to work through the issues and find reasonable solutions. John Keprios reported that Bandy registration materials have been sent out, Firearm Safety training is done, registration for downhill ski lessons are currently being taken. The tennis courts that were reconditioned this year are finished. The company INSPEC was very professional and good to work with on the tennis court projects. The Edina Girls Athletic Association (EGAA) basketball program will finish with championship day on November 23rd, adult volleyball starts on Wednesday. The activity calendar is in final proof and is expected to go out the first part of December. Mr. Keprios also stated that the EGAA plans to raise revenues through charitable gambling means outside of Edina. They plan to have a pull tab booth at the new Gippers on Highway 12 and are considering having another booth at Ruperts. The EGAA board has had several lengthy discussions on having this kind of fundraiser. Pat Vagnoni asked if EGAA decided on the pull -tabs on their own and do they need to do it. Mr. Keprios stated that they made the decision on their own and that they did not have to acquire any permits from the City of Edina to operate a pull tab booth in another city. The continual increases in gym use fees charged by the school district plus the need for grants and escalating expenses for in all aspects of their program has created a bigger demand for revenue. With the higher fees being charged for gym usage, EGAA cannot raise adequate funds as they have in the past from their basketball tournament fundraiser to meet future financial demands. Bob Christianson inquired if the group as a City of Edina sponsored organization, has a right to sell pull -tabs without approval from the Edina City Council. Paul O'Connor MOVED AS A PARK BOARD NOT TO SUPPORT OR ENCOURAGE EDINA ATHLETIC ASSOCIATIONS USING PULL-TABS/GAMBLING AS A MEANS OF PRODUCING REVENUES FOR SUPPORTING THE YOUTH ATHLETICS. Jean Rydell SECONDED THE MOTION. DISCUSSION: Paul O'Connor stated that he did not like the idea -� of the youth being a part of gambling. Part of the idea of yout' activities is for them to be involved in the fundraiser through their own activity so that they appreciate it. Pat Vagnoni is against the youth sports selling gambling tickets. Mr. Kojetin suggested inviting the EGAA board to come in and discuss their rationale. Andy Herring is uncomfortable in making a decision without more information. Andy Herring MOVED TO TABLE THE MOTION. Bill Lord SECONDED THE MOTION. MOTION DEFEATED. MOTION TO DISCOURAGE GAMBLING AS FUND RAISER CARRIED. 6 ayes, 4 nays. Bob Christianson stated that this is an advisory motion. Mr. Montgomery asked how VanValkenburg Park did this year. Mr. Keprios replied that it did well. However, the concession stand is not really functional. As a result, he is working with a designer and trying to redesign it. Fall softball was new this year at VanValkenburg and the new program went very well. VI. REPORTS GOLF DOME Bob Kojetin reported that the golf dome collapsed during the recent snow storm. It did not fall because of snow accumulation on top, two seams burst perhaps do to the wind. Currently, the seams are being heat sealed and sewn. Hopefully, in two weeks at a cost of $12,000; however, insurance should cover the cost except for the $1,000 deductible. SENIOR CENTER Mr. Kojetin stated there is a wall which was scheduled to be removed during the renovation of the Senior Center which they would now like to leave as a barrier. The down side of leaving the wall would be the larger room would be smaller in size. Susan Weigle would like to leave the wall so that when the band is practicing or playing the three smaller rooms would have more privacy. Also, people would not be visibly walking through and interrupting the other programs. GREENHOUSE MAINTENANCE BUILDING AT ARNESON ACRES Due to the storm the greenhouse maintenance building will not be finished before January, 1992. However, construction will continue. SWIMMING POOL The concrete for the wading pool will be poured this week. The piping and the gutters have already been installed. The contractor feels he is still on schedule for next summer. GENERAL INFORMATION - New Policy Snowfalls could have an effect on the maintenance of the rinks. During a large snowfall, park maintenance works together with the street department to create larger pool of manpower for snow removal. They would remove snow from streets and sidewalks first and then work on rinks. VII. OTHER Bob Christianson requested to return to the charitable gambling issue. Mr. Christianson turned the chair over to Bill Jenkins. Mr. Christianson MOVED TO RECONSIDER THE RECOMMENDATION PREVIOUSLY PASSED CONCERNING THE PULL TAB SITUATION. Bill Jenkins SECONDED. DISCUSSION: Mr. Christianson indicated that 6 votes to 4 is not a very large margin and that the EGAA should be invited to discuss the issue before a decision is made. Andy Herring stated he would like to hear what they say. Pat Vagnoni stated the Park Board should create a formal policy for athletic associations in regard to using gambling as means for fundraiser. Since, pull - tabs are sold at bars and the biggest problem in the school system is alcohol it would be best to dis-associate the youth activities from a bar. Paul O'Connor stated that he is aware of a couple of other communities that have used pull tabs and raised more money then they needed and did not think that they acted responsibly. Secondly, the Park Board is trying to communicate through the school system a set of values which would result in much more mature adults with courage and responsibility. The gambling is just an easy way out of fund raising. The children do not learn a value system to solve problems. MOTION TO RECONSIDER RECOMMENDATION CARRIED. 8 ayes 2 nays Bob Christianson MOVED TO TABLE MOTION UNTIL NEXT MEETING SO THAT EGAA CAN COME IN AND PROVIDE INSIGHT TO THE STEPS THEY HAVE TAKEN. Bill Lord SECONDED. MOTION TO TABLE CARRIED. 7 ayes 3 nays Bill Jenkins relinquished the chair to Bob Christianson. VIII. ADJOURNMENT Mac Thayer MOVED TO ADJOURN THE MEETING. Paul O'Connor SECONDED. MOTION CARRIED. Meeting adjourned 9:15 p.m. DESCRIPTION PARK & RECREATION DEPARTMENT 1992 FEES & CHARGES Recmnnd changes 1992 1991 1990 INCREASE TO REVENUE PARK & RECREATION Playground Aquatic Instruction Coach Pitch Tennis Instruction Pee Wee Tennis Team Tennis ART CENTER $30.00 $10.00 $30.00 $22.00 $25.00 $15.00 $25.00 $9.00 $30.00 $22.00 $25.00 Memberships Family $35.00 $35.00 Individual $25.00 $25.00 Class Fees (based on number of hrs in class) 24 hrs 21 hrs 20 hrs 18 hrs 16 hrs 14 hrs 12 hrs 10 hrs 9 hrs 8 hrs 6 hrs ARENA Single Hour Rate (as of Sept.) Open Skating (Youth & Adult) Skate Rental Skate Sharpening Season Tickets (Eff. 10/1/92) Resident Family Resident Individual Non -Resident Family Non -Resident Individual Classes GUN RANGE Pistol 1/2 hour 25 rounds trap Building /hr Firearm Safety POOL Season Tickets Resident Family Resident Individual Non -Resident Family Non -Resident Individual Daily Admission Adult & Youth Waterslide $95.00 $1.25 $60.00 $40.00 $75.00 $50.00 $65.00 $50.00 $75.00 $60.00 1991 Non-Mem/Mem $3.25 / 3.00 $3.50 / 3.25 $3.50 / 3.25 $3.50 / 3.25 $3.50 / 3.25 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $4.25 / 4.00 $90.00 $2.50 $1.06 $2.00 $56.00 $36.00 $70.00 $45.00 $50.00 $5.00 $4.50 $45.00 $6.00 $46.00 $30.00 $54.00 $36.00 1990 Non-Mem/Mem $3.25 / 3.00 $3.50 / 3.25 $3.50 / 3.25 $3.50 / 3.25 $3.50 / 3.25 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $3.75 / 3.50 $4.25 / 4.00 $90.00 $2.50 $1.06 $2.00 $56.00 $36.00 $70.00 $45.00 $50.00 $4.00 $4.50 $45.00 $6.00 $46.00 $30.00 $54.00 $36.00 $3.00 $2.50 $2.50 $3.00 $125.00 DESCRIPTION PARK & RECREATION DEPARTMENT 1992 FEES & CHARGES Recmmnd.chanmes 1992 1991 1990 INCREASE TO REVENUE GOLF COURSE Patron Cards Individual Additional Family Members Computerized Handicaps Resident $13.00 Non -Resident $18.00 Lockers Men's 72" Men's 42" Ladies' 72" Club Rental Pull Carts Golf Cars 18 holes $19.00 9 holes $11.00 Golf Cars - Seniors 18 holes $18.00 9 holes $10.00 Group Golf Lessons Adult $50.00 Junior Golf Range Large Bucket Small Bucket Warm-up Bucket Green Fees 18 hole - non -patron $15.50 18 hole - patron $12.50 9 hole - non -patron $9.25 9 hole - patron $7.75 Green Fees - Senior 18 hole non -patron $15.00 18 hole - patron $12.00 9 hole - non -patron $8.75 9 hole - patron $7.25 Group Fees $21.00 Group Fees - 9 hole Group Car Fees $25.00 Executive Course Adult - non -patron Adult - patron Sr. & Jr. - non -patron Sr. & Jr. - patron Golf Cars - everyone $8.00 Pull Carts Group Fees $8.00 Braemar Room Night Rate - resident Night Rate - non-resident Day Rate - resident Day Rate - non-resident Concession Fees (Concession is an annual increase of 5%, as a general rule) GOLF DOME Large Bucket Sr./Jr. Bucket Time Golf 1/2 hour Soccer rental/hour League $515.00 $55.00 $50.00 $12.00 $16.00 $35.00 $25.00 $15.00 $5.00 $2.00 $18.00 $10.00 $16.00 $9.00 $47.00 $25.00 $4.00 $2.75 $1.25 $15.00 $12.00 $9.00 $7.50 $14.00 $11.00 $8.50 $7.00 $20.00 $12.00 $24.00 $6.50 $5.50 $5.50 $4.50 $7.00 $1.75 $7.25 $550.00 $600.00 $250.00 $300.00 $4.50 $4.25 $6.95 $90.00 $495.00 $50.00 $45.00 $12.00 $300.00 $16.00 $200.00 $35.00 $25.00 $15.00 $5.00 $2.00 $18.00 $10.00 $16.00 $9.00 $47.00 $25.00 $4.00 $2.75 $1.25 $14.50 $11.50 $9.00 $7.50 $13.50 $10.50 $8.50 $7.00 $20.00 $12.00 $24.00 $6.25 $5.25 $5.25 $4.25 $7.00 $1.75 $7.00 $500.00 $550.00 $250.00 $300.00 Variable prices $4.50 $4.25 $6.95 $90.00 $495.00 $3,000.00 $700.00 $2,000.00 $500.00 $500.00 $5,500.00 $10,000.00 $2,500.00 $1,800.00 $500.00 $3,000.00 $200.00 $400.00 $1,000.00 $200.00 $200.00 $200.00 $8,000.00 $1,000.00 DESCRIPTION PARK & RECREATION DEPARTMENT 1992 FEES & CHARGES Recmmnd changes 1992 1991 1990 INCREASE TO REVENUE EDINBOROUGH Daily Passes $2.50 $2.50 Season Passes Edina individual $150.00 Edina family $200.00 Non -Edina individual $200.00 Non -Edina family $250.00 Towel Fee $.50 Skate Rental Fee $1.25 Box Lunch Program Domestic Photography by Professionals per hour Grotto $50.00 $50.00 Theater $75.00 $75.00 Great Hall $75.00 $75.00 Ice Rink $100.00 $100.00 Commercial Photography by Professional per hour Grotto $150.00 $150.00 Theater $200.00 $200.00 Great Hall $300.00 $300.00 Ice Rink $300.00 $300.00 Mixed Use $500.00 $500.00 Table Rental to Corp. East & Park Plaza $5.00 $5.00 Commercial Use i.e. Trade Shows $2,500.00 $2,500.00 Building Rentals Category 1 City of Edina & Boards/ Associations Category 2 Edina Civic Organizations and Edina Schools (Mon -Thu) Great Hall Theatre Grotto Category 3 Edina Residents & Businesses (per hour) Great Hall Grotto Theatre Category 4 Non -Edina Residents and Business (per hour) Great Hall Grotto Theatre Category 5 Exclusive Rentals Friday Nights Saturday Nights CENTENNIAL LAKES Radio Control Boat Rental Paddle Boat Rental's Tot Stroller's Winter Sled Rentals Ice Skate Rental $2.50/half hr $2.50/half hr $2.50/hour $2.50/hour $1.25/per pair $150.00 $200.00 $200.00 $250.00 $.50 $1.25 Range $6 - $10 $150/day + $12/man $150/day + $12/man set-up/down set-up/down $125.00 $50.00 $25.00 $300.00 $75.00 $125.00 $350.00 S125.00 $150.00 $1,300.00 $1,500.00 $125.00 $50.00 $25.00 $300.00 $75.00 $125.00 $350.00 $125.00 $150.00 $1,700.00 $1,700.00 PARK DEPARTMENT RENTALS General Park Areas: Picnic Shelters: Showmobile: Rental of Athletic Fields: Associations Residents and Non -Residents: Arneson Acres Terrace Room Tupa Park Cahill School Grange Hall PARK & RECREATION DEPARTMENT 1992 FEES & CHARGES S50/hr - commerical use (i.e. TV Comercials) $100/hr with lights $70/group at Lake Cornelia Park $700/day Baseball, Softball, Football, Soccer Cost = Expenses (includes overhead) Per Day - $100/per field/per day plus expenses Per Hour - $35/per field/per hour $55/per field/per hour with lights $125/day ($50 1st hour minimum, S25/hr after) S125/day ($50 1st hour minimum, $25/hr after) REPORT/RECOMMENDATION To: Mayor and Council From: John Wallin Finance Director Date: November 18, 1991 Subject: Purchasing Policies and Requirements Agenda Item # vi . B . Consent Information Only Mgr . Recommends To HRA To Council Action Motion X Resolution Ordinance Discussion Recommendation: Approve City's Purchasing Policies and Requirements Info/Background: Attached is a draft of the updated Purchasing Policies and Requirements. These are a combination of current City policy and Minnesota State Statute. Most of these proposed policies are those that the -City currently uses. The policies include the addition of state requirements concerning non- discrimination, workers compensation insurance, withholding and prevailing wage rates to comply with provisions of state statute relating to requirements of contractors before final payments are made by the City. The provisions of paragraph 1.9e are contrary to the present practice of the City. The Council has a few choices in how to handle this: - Continue to operate against state statute and have liquor checks issues prior to Council approval. - Pay the checks on the regular council meeting and forgo any discounts. - Have three members of the Council come to City Hall and approve these checks on a weekly basis. (Revised October 1991) (Approved by City Council ,1991) CITY OF EDINA PURCHASING POLICIES AND REQUIREMENTS 10/31/91 PART I: Policies and Requirements Applicable to All Purchases and Contracts 1.1. Budget — Before any commitment for purchase of an item or service is made, money needs to be budgeted, either directly for the item or service or by means of a budgeted fund into which the purchase can be categorized. Purchases not within a budget require Finance Director and City Council approval for availability and transfer of funds. It is up to each Department to insure that it has not made commitments for more money than has been budgeted. 1.2. Expenditure Requirements — All expenditures of funds require Council approval before actual disbursement. (Minn. Stat. § 412.271). For the most part, this is done at the end of each Council meeting. Before funds can be disbursed for any purchase, the purchase must meet three criteria: a. First, statutory authority must exist for the City to make the particular purchase. While not a problem in most cases, certain purchases may require research; b. Second, it must be purchased for a public purpose; and c. Third, the Council must have properly approved the expenditure. Generally, an expenditure will be for a public purpose if it benefits the inhabitants of the community as a whole and if it is directly connected with the government of the City. All of these tests must be met prior to any commitment. If in doubt, check with the Finance Director. If City money is spent for unauthorized purchases, the members of the City Council could be personally liable. 1.3. Required Authorization for Purchase — In addition to the requirement that the Council approve of each expenditure of funds, the following Council authorizations are required prior to ordering or obtaining any item or service: a. Over $5,000 — All purchases over $5,000 need City Manager and Council approval prior to ordering or purchasing. (Minn. Stat. § 412.271, Chapter 36, 1981 Laws of Minnesota, and Council resolution of October 5, 1981). All such purchases will use the Request For Purchase form. (APPENDIX A) b. $5,000 and Under — All purchases $5,000 and under require City Manager and Finance Director approval prior to ordering and purchasing. (Chapter 36, 1981 Laws of Minnesota and Council minutes of October 5, 1981). NOTE: In both a. and b. above, the Council must approve the expenditures before payment is made. 1.4. Statutorily Mandated Processes for Selected Purchases and Rentals — The purchase of supplies, materials, equipment or rental of same, or the construction, alteration, repair or maintenance of real or personal property, in addition to the procedures at 1.1, 1.2 and 1.3 above, require the following procedures (Minn. Stat. § 471.345 and Minn. Stat. § 412.311): a. Over $15,000 — If the expenditure is estimated to exceed $15,000, then the following is required: (i) Sealed bids with appropriate public notice (See PART B below); (ii) Purchase Order properly filled out or contract (subject to Council Approval); (iii) A performance and payment bond in the amount of the contract if the contract is for the doing of any public work (Minn. Stat. § 574.26); (iv) Finance Director approval; (v) City Manager approval; (vi) Council approval; and (vii) Award of contract to the lowest responsible bidder. b. Over $10,000 to $15,000 — If the expenditure is estimated to be over $10,000 but not over $15,000, then the following is required: (i) Either sealed bids with appropriate public notice the same as for expenditures over $15,000 can be obtained, or direct negotiation can be used, by obtaining two or more written quotations, when possible; -2- (ii) A Purchase Order properly filled out or contract (subject to Council approval); (iii) A performance and payment bond in the amount of the contract if the contract is for the doing of any public work (Minn. Stat. § 574.26); (iv) Finance Director approval; (v) City Manager approval; (vi) Council approval; and (vii) Award of contract to lowest responsible bidder. All written quotations shall be kept on file for a period of at least one year after receipt. (Minn. Stat. § 471.345, subd. 4). c. Over $5,000 to $10,000 — If the expenditure is estimated to be over $5,000 but not over $10,000, then the following is required: (i) At least two written quotations shall be received unless there is only one supplier or vendor (Note: if the cost is to be specially assessed under Minn. Stat. § 429, and if the estimated cost exceeds $5,000, advertising for bids must be done. See Part II hereof); (ii) Purchase Order properly filled out or contract (subject to Council approval); (iii) Performance and payment bond in the amount of the contract if the contract is $10,000 or more and is for the doing of any public work; (iv) Finance Director approval; (v) City Manager approval; (vi) Council approval; and (vii) Award of contract to lowest responsible bidder. -3- All written quotations shall be kept on file for a period of at least one year after receipt (Minn. Stat. § 471.345, subd. 5). d. Over $1,000 to $5,000 — If the expenditure is estimated to be over $1,000 but not over $5,000, then the following is required: (i) At least two written quotations shall be received unless there is only one supplier or vendor; (ii) Purchase Order properly filled out; (iii) Finance Director approval; (iv) City Manager approval; and (v) Council approval prior to actual disbursement of funds. All written quotations shall be kept on file for a period of at least one year after receipt (Minn. Stat. § 471.345, subd. 5). e. Over $500 - $1,000 — If the expenditure is estimated to be over $500 but not over $1,000, the following is required: (i) Purchases at this level makes written quotations impracticable, therefore, such purchases shall be made on the open market and written quotations shall not be required; (ii) Purchase order properly filled out; (iii) Finance Director approval; (iv) City Manager approval; and (v) Council approval prior to actual disbursement of funds. All written quotations shall be kept on file for a period of at least one year after receipt. (Minn. Stat. § 472.345, subd. 5). f. $500 or less — If the expenditure is estimated to be $500 or less, the following is required: (i) Purchases at this level makes written quotations impracticable, therefore, such purchases shall be made on the open market and written quotations shall not be required; -4- (ii) A purchase order number must be obtained verbally or in writing from the Finance Department unless such purchase is being made pursuant to the provisions of paragraphs 1.10 or 1.21 hereof; (iii) City Manager approval, or approval by the head of the Department for which the purchase is being made, or approval by one of the persons named on the then current list of persons approved by the City Manager and kept on file with the Finance Director; and (iv) Council approval prior to actual disbursement of funds. All written quotations shall be kept on file for a period of at least one year after receipt. (Minn. Stat. § 472.345, subd. 5). Among purchases not requiring the above procedures are purchases of such as insurance, real estate, and services (see paragraph 2.13 "When Bidding Is Unnecessary" below). Even when not required, it is desired, if a purchase is in a competitive area, that quotations be obtained for comparison purposes. If the public bidding process is used, even if not required, all aspects of that process must be complied with. 1.5. Purchase Order Processing a. The responsible Department must prepare a requisition form (APPENDIX B) with all pertinent information included and submit to Finance Department. The pertinent information must include a description of the product, quantity, price, account codes, applicable specifications, and any similar information. NOTE: Purchase Order numbers must be obtained prior to any purchase commitment. b. The Finance Department will prepare the Purchase Order and obtain the Finance Director's signature. c. Approval as provided in paragraph 1.4 and applicable to the total amount of the purchase order, must be obtained prior to submission to the vendor. d. Copies of the Purchase Order will be distributed by the Finance Department as follows: -5- (i) Original to vendor; (ii) Buff to Finance Department retained file; and (iii) Pink to ordering department to await receipt of items ordered and then to be returned to Finance Department along with approved invoice. e. Upon Council approval, payment may be sent to vendor. 1.6. Central Purchasing — Similar items that are purchased by many Departments, in particular general office supplies, should be purchased centrally by either Finance and/or Administration and if not charged to central services, will be allocated or charged back to each recipient department. 1.7. Cooperative Purchasing — Certain items may be obtained by utilizing either the County or State cooperative purchasing contracts. While this eliminates the need for separate bidding on an item, it is yet necessary to get Council authorization when purchases over $5,000 are to be made, or City Manager approval for purchases up to $5,000, and also Council approval of payment before payment is made. 1.8. Emergency Purchases — Occasions may arise where purchases over $5,000 must be made before the Council can approve them and where the required public bidding cannot be done. Where such a purchase is made, Council approval must yet be obtained before payment is made. An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health, safety and welfare of the community, and not just an inconvenience (Layne Minnesota Co. v. Town of Stuntz, 257 N.W.2d. 295 [Minn., 1977]). 1.9. Payment Prior to Council Approval — There are limited exceptions to the general rule that the Council must approve all claims before they are paid. Those exceptions are listed in Minn. Stat. § 412.271, as follows: a. Judgments; b. Salaries and wages previously fixed by the Council or statute; c. Principal and interest on obligations in amounts previously determined by contract authorized by the Council; d. Rent and other fixed charges in amounts previously determined by contract authorized by the Council; -6- e. When payment of a claim based on a contract cannot be deferred without loss to the City by forfeiture of discount privileges or otherwise, the claim may be paid immediately if the itemized claim is endorsed for payment by at least a majority of the Council members (such earlier payment does not affect the right of the City or any taxpayer to challenge the validity of the claim). f. Payment from an imprest fund established pursuant to Minn. Stat. § 412.271, subd. 5. (See paragraph 1.12 below). 1.10. Ongoing Purchases — Some items, or categories of items, are purchased several times during each year or season, and each purchase is normally a small amount. To require a purchase order or purchase order number for each such purchase creates an unnecessary and wasteful burden. Therefore, to simplify such purchases and avoid such unnecessary and wasteful burden, and yet retain controls over such purchases, the following is required: a. Items for which amounts needed during a year or season can be estimated (such as office supplies): (i) An open purchase order must be used for the period over which such purchases are to be made, usually a year or a season, instead of individual purchase order or purchase order number for each purchase; (ii) An open purchase order shall be used for each supplier or vendor from whom such ongoing purchasers will be made; (iii) The total amount estimated to be expended over the purchasing period shall be inserted in the purchase order by the statement "not to exceed $x", also the words "Open Purchase Order for 199_" shall be inserted in the Description column, and "Open Purchase Order" shall be inserted in the Amount column; (iv) The procedure in paragraph 1.4 applicable to the estimated total amount to be expended over the purchasing period shall be complied with, except that the provisions of this paragraph relating to purchase orders shall apply and control; (v) An open purchase order shall not be used if the estimated purchases over the purchasing period exceeds $5,000.00; (vi) Open purchase orders under this subparagraph a. shall not be used to purchase any single item costing more than $500.00, but -7- for such purchases the applicable procedures at paragraph 1.4 must be used; (vii) Once the aggregate cost of purchases made under the open purchase order totals the "not to exceed" amount stated in the open purchase order or $5,000.00, whichever is less, a new open purchase order must be prepared and used in compliance with this paragraph; (viii) The Council shall approve each purchase prior to disbursement of funds. b. Items for which amounts needed during a year or season cannot be estimated (such as repair parts for trucks, autos and equipment): (i) An open purchase order must be used for the period over which such purchases are to be made, usually a year or a season, instead of individual purchase order or purchase order number for each purchase; (ii) An open purchase order shall be used for each supplier or vendor from whom such ongoing purchasers will be made; (iii) The total amount estimated to be expended over the purchasing period may be left blank; (iv) Each purchase shall be approved by the City Manager, or by the head of the Department for which the purchase is being made, or by one of the persons named on the then current list of persons approved by the City Manager and kept on file with the Finance Director; (v) Open purchase orders under this subparagraph b. shall not be used to purchase any single item costing more than $500.00, but for such purchases the applicable procedures at paragraph 1.4 must be used; (vi) The Council shall approve each purchase prior to disbursement of funds. 1.11. Splitting Purchases — Do not split purchases in an attempt to circumvent any purchasing requirements. -8- 1.12. Imprest Fund/Petty Cash — Certain purchases can be more economically handled through use of petty cash funds to reimburse for purchases. The maximum allowable purchase through any such fund is $25. The cashier/custodian of each such fund is solely responsible for accounting for expenditures from the fund under his or her control. No salaries or personal employee expenses shall be paid from such fund. Any payment from any such fund not approved by the Council is the personal obligation of the cashier/custodian of that fund. (Minn. Stat. § 412.271, Subd. 5). 1.13. Prompt Payment — The City must pay bills within 35 days of receipt unless a good faith dispute exists. The date of receipt is the date of completed delivery of the goods or services, of satisfactory installation or assembly, or of the receipt of the invoice for the delivery of goods, whichever is latest. If bills are not paid within the standard payment period, interest at one and one-half percent per month must be calculated and paid. The minimum monthly interest penalty on the unpaid balance of any overdue bill of $100 or more is $10. For unpaid balances less than $100 the actual interest should be calculated and paid. Vendors must be notified of invoice errors within 10 days of receiving the invoice. In cases of delayed payments due to good faith disputes with vendors, no interest penalties accrue. If payments are delayed but not in good faith, the vendor may recover costs and attorneys' fees. (Minn. Stat. § 471.425). 1.14. Sales Tax Exemption — The City of Edina is exempt from paying sales taxes on purchases. Most vendors have forms that can be filled out to certify tax exemption, or a letter can be sent to the vendor (APPENDIX G). 1.15. Non Discrimination — All contracts for materials, supplies or construction must contain a contractor's agreement not to discriminate against prospective employees because of race, creed or color (Minn. Stat. § 181.59). 1.16. Worker's Compensation Insurance — A contract for the doing of "public work" may not be entered into before receiving, from all contracting parties, acceptable evidence of compliance with the worker's compensation insurance coverage requirements of state law (Minn. Stat. § 176.182). 1.17. Progress Payments; Retainage — A progress payment is not an acceptance or approval of any work or waiver of any defects. An amount may be reserved as retainage from any progress payment on a public contract for a public improvement. The amount of retainage may not exceed five percent of the payment. (Minn. Stat. § 15.71 and § 429.041, Subd. 6). At the contractor's option, the retainage shall be paid to the contractor, and the contractor may deposit bonds or securities in lieu of the retainage. If the City incurs additional costs as a result of this option, the City may recover the costs by reducing the final contract payment. (See Minn. Stat. § 15.73) -9- 1.18. Withholding — Before final payment is made, the Contractor, as required by Minn. Stat. § 290.97, must make a satisfactory showing of compliance with the provisions of Minn. Stat. § 290.92 regarding withholding of state income taxes for wages paid employees on the project. A certificate from the Minnesota Commissioner of Revenue will satisfy this requirement. 1.19. Prevailing Wage Rates — If the project or work is funded in whole or in part with State Aid funds, the contract must require the Contractor to pay the prevailing wages. Also, the Contractor's bid proposal must contain a letter or certificate so agreeing to pay prevailing wages. Prevailing wage information can be obtained from the Minnesota Department of Labor and Industry, 443 Lafayette Road, St. Paul, Minnesota 55155-4306 (phone: 612/296-2282). 1.20. Change Orders — Change orders to contracts and purchase orders approved by the Council or City Manager shall be made pursuant to the following policies and procedures and the use of any one of the methods set out at c. through g. following: a. Authorized Persons — The only persons authorized to sign and approve change orders on behalf of the City are the City Manager, the Assistant City Manager, the City Engineer and the Finance Director (the "Authorized Persons"). b. Council Approval — All change orders shall be approved by the Council prior to signing by any Authorized Person except as otherwise provided in this paragraph 1.20. No payment of any change order shall be made without prior Council approval, except as allowed by paragraph 1.9. c. Decreasing Cost — Change orders decreasing the cost of any contract made by the City may be signed and approved on behalf of the City by any Authorized Person without prior Council approval. d. Increases Up To $5,000 — Any change order which increases the contract price by $5,000 or less may be signed and approved on behalf of the City by any Authorized Person with prior approval of the City Manager. e. Emergencies — Any change order which, due to an emergency, cannot be deferred until the Council can approve it, may be signed and approved by any Authorized Person without prior Council approval. (See paragraph 1.8 for additional comments.) -10- f. Avoidance of Loss — Any change order which cannot be deferred until the Council can approve it without loss to the City may be signed and approved by any Authorized Person if the change order is endorsed for payment by at least three members of the Council. Up to 10% — Any change order which does not exceed 10% of the original contract price, by itself or in the aggregate with all then prior change orders relating to that same contract, may be signed and approved by any Authorized Person without prior Council approval, provided the contract provides for change orders. Note: change orders that materially change the terms of a contract may be deemed a new contract and may have to be rebid and receive prior Council approval. If in doubt, check with the City Manager and City Attorney. 1.21. Unit Price Contracts — Some contracts for the purchase of goods or for construction are based on the unit price times the estimated number of units without a maximum dollar cost stated. At times the estimate is too low and additional units are added and must be paid for. The following policies apply to such contracts: g. a. The estimate of units should be carefully made, and should be on the high end of any estimated range of units needed; b. The contract shall be presented to the Council as a "unit price basis" contract with an estimated maximum dollar cost; c. The procedure in paragraph 1.4 applicable to the estimated maximum cost shall be complied with; and d. Any increase in units purchased necessary to fulfill and perform the purpose of the contract, and, therefore, in contract cost, beyond the estimated maximum shall be deemed a part of the approved contract, and shall not be deemed a change order, but no payment for any units in excess of the estimated maximum shall be made without prior Council approval. PART II: Policies and Requirements Applicable to Competitive Bidding Process. 2.1. When Useable — While mandated for certain purchases, the use of competitive bidding is not limited to the mandated areas and can be used more extensively, but should not be used for amounts under $5,000 as the cost of the process is significant. If the City fails to advertise for bids when the law requires competitive bidding, the contract is void, but the City must pay for any benefits it received. -11- 2.2. When Bidding is Required — All contracts for the purchase or rental of supplies, materials or equipment, or for the construction, alteration, repair or maintenance of real or personal property, when the estimated amount of the contract exceeds $15,000, require competitive bids. (Minn. Stat. § 471.345). Also, if the cost is estimated to exceed $5,000, the contract must be let to the lowest responsible bidder. (Minn. Stat. § 412.311). If the cost of a project is to be specially assessed under Chapter 429 of Minnesota Statutes, and if the estimated cost exceeds $5,000, advertising for bids must be done. (Minn. Stat. § 429.041, Subd.1). 2.3. Specifications — For the purposes of informing potential bidders, specifications should outline precisely and in detail what is to be purchased or constructed. These need to be reasonably specific, but not to the point of eliminating competing types and qualities. (Minn. Stat. § 471.35). Violation of this restriction is a gross misdemeanor. (Minn. Stat. § 471.37). A brand name may be specified, but potential bidders must be able to bid an equal product. In addition to the specifications for the purchase, instructions to bidders and general conditions (See APPENDICES C AND D OR APPENDIX E for examples) should be updated, modified as needed and included in the bid package so that all contractual obligations of both parties are known. Competitive bids must be re -let when there is a material change in the terms or specifications, even if you believe that the change would have no effect on the rank order of the bids received. Caution should be taken before determining whether the term or specification change is material or not. The proposals and specifications must allow free and full competition. They may not give a prospective bidder an unfair advantage over any other. Specifications must be sufficiently definite and precise to afford a basis for comparable bids. If the number of units needed cannot be determined, bids should be requested on a unit basis. (See paragraph 1.21 for additional comments on unit price contracts). 2.4. Bid Bonds — While not required by statute, the City of Edina may require a bid bond, certified check or cashier's check in lieu to insure that the bid will be honored and not withdrawn for up to a specified number of days. The bond or check is usually set at 10% of the purchase price. 2.5. Performance Bonds — Unless the amount of the contract is $10,000 or less, any contract for the doing of any "public work" is not valid unless a performance and payment bond is given as required by Minn. Stat. § 574.26. The City form should be used. The City form is available from the City Clerk. 2.6. Notice — For all contracts requiring advertising for bids, legal notice must be published in the City's official newspaper at least once 10 days before the last day for submission of bids. (Minn. Stat. § 412.311). If the project is to be specially assessed under Chapter 429 of Minnesota Statutes, and the estimated cost exceeds $100,000, publication must be made at least once in the official newspaper, and at least once in -12- a newspaper published in the City of Minneapolis or a trade paper (as defined in Minn. Stat. § 429.041, Subd. 1), not less than three weeks before the last date for submission of bids. For construction contracts and heavy equipment purchases, notices should also be published in the Construction Bulletin (APPENDIX F). Non —legal notices may be included in such publications as the League of Minnesota Cities magazine for wider coverage. 2.7. Notice Information — The published notice (APPENDIX F) should contain the following information (Minn. Stat. § 429.041, Subd. 1): a. A description of the project or purchase; b. The availability of specifications in the office of the City Clerk; c. The last day for submission af bids and the place where they are due; d. The time and the place for the opening of bids; e. That no bid will be considered unless sealed and filed with the Clerk, and accompanied by the check or bid bond as required by the City; and f. That the City reserves the right to reject any or all bids, and any or all alternative bids. 2.8. Bid Opening and Award — On the date and at the time for opening of bids, all bids should be opened and read for interested parties. The opening should be scheduled at least three (3) working days before the Council meeting (typically the Thursday before) for inclusion in Council packets. Bids should be tabulated on the over $5,000 Request for Purchase form (APPENDIX A). It is important that all bid proposals be studied carefully prior to making recommendations to the Council for the award of bid. Recommendation on award of bid should be made not only on price, but on quality and quantity as specified and also on responsibility (See "Lowest Responsible Bidder" below). The award should go to the lowest responsible bidder meeting specifications. Once the bid is awarded by the Council, all bid results should be available to anyone requesting them. Construction Bulletin should be informed on items advertised in that publication. Once the Council accepts the lowest responsible bidder and awards the contract, a contract exists even if the written contract is not formally signed. 2.9. Splitting Contracts — You must not attempt to avoid the bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. If materials or work logically fall into two separate contracts because they involve separate transactions, as for the service of contractors specializing in different kinds of work, there is no reason why the contracts cannot -13- be separated and dealt with separately. If splitting the purchase into separate contracts serves no specific purpose except to reduce the amount of the contract to less than the applicable minimum, the contract could be considered invalid. 2.10. Rejecting Bids — The City may and should reserve the right to reject any or all bids, or to waive immaterial informalities or irregularities. Unless the bid responds to the specifications in all material respects, it is not a bid, but a new proposition that should be rejected. 2.11. Lowest Responsible Bidder — "Responsible" in bid statutes, means not only financial responsibility but also integrity, skill, and the likelihood of the bidder's doing faithful and satisfactory work. Value does not always depend on price alone. Where plans and specifications demand consideration of several factors and no single bid is lowest in all these factors, weight should be given to the various factors, and, considering all of them, accept what is deemed to be the lowest responsible bid. 2.12. Opening and Tabulating Bids — The bidding process should be kept open until the time and date deadline has expired. The process of opening and tabulating bids must be open to the public. 2.13. When Bidding is Unnecessary — It is not necessary for the City to advertise for bids for: a. Professional services such as engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training; b. The purchase or lease of real estate; c. Non—competitive products which are patented or obtainable from only one source. (Minn. Stat. § 471.36); d. For insurance generally (except that group insurance requires published notice seeking competitive proposals). (Minn. Stat. § 471.6161); e. The purchase, lease, sale, or other acquisition or disposition of equipment, supplies, materials, or other property, including real property from or to the United States of America, or any agency thereof, or any agency of the State of Minnesota, or any political subdivision of Minnesota. (Minn. Stat. § 471.64); f. Contracts for "guaranteed energy savings" where the contractor guarantees the energy cost savings of insulation, or efficient heating or -14- cooling systems, will be greater than the cost of the product. (Minn. ,..-- Stat. § 471.345, Subd. 13); and g. If Edina establishes a set aside program for buying goods and services from economically disadvantaged persons or from rehabilitation facilities, contracts can be made to such supplier without bidding, subject to some limitations. (Minn. Stat. § 471.345, Subd. 8 and 12). 2.14. Other Provisions — The provisions of paragraphs 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20 and 1.21 also apply to this Part II. (Revised October 1991) (Approved by City Council, , 1991) CITY OF EDINA POLICIES AND PROCEDURES FOR DISPOSITION OF PERSONAL PROPERTY Requirements — The sale or disposal of property that has lawfully come into the possession of the City, and all City property in need of disposal, shall be disposed of via the following means. The sale of real estate is not included in these requirements. Property for disposal is divided into categories by method of receipt as follows: 1) If purchased by the City, the material can be disposed of by any means the City determines, including the auctions below set out; and 2) Property obtained incident to law enforcement actions, abandoned or turned over to the City as lost and remaining unclaimed for over 60 days may be disposed of after that time period at public auction. (Ordinance No. 131). 3) In the case of abandoned vehicles, the City shall comply with the provisions of Minn. Stat. Chapter 168B in selling such vehicles. 4) In the case of property forfeited to the City pursuant to Minn. Stat. § 609.531 through § 609.5317, the City shall comply with the provisions of said statutes in disposing of such property. Auction — The City may hold an auction, as needed, to dispose of all material not disposed of in any other manner. Police Bike Auction — A bike auction will be held in late spring and, if necessary, again in late September. At the September auction all other material should be disposed of also. Cooperative County Auction — A vehicle no longer needed by the City should be disposed of at the Cooperative County Auction(s) during the May -October time frame. Participation may hinge on participation in city vehicle purchases. Purchase by Employee Auction — Property may be disposed of by employee bids if the following conditions are met: 1) Notice stating the property to be auctioned, minimum bid if any, who to senc the bids to, and deadline for receipt of bids should be posted at the employee bulletin boards at City Hall, Public Works building and Fire Department, at least five business days prior to the opening of the bids; 2) The bids must be submitted in a sealed envelope; and 3) Bids must be kept sealed until after the deadline. APPENDIX A REQUEST FOR PURCHASE TO: FROM: VIA: Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE AGENDA ITEM ITEM DESCRIPTION: Company Amount of Quote or Bid 1. 2. 3. 4. 5. RECOMMENDED QUOTE OR BID: GENERAL INFORMATION: 1. 2. 3. 4. 5. Signature The Recommended bid is Department within budget not within budget John Wallin, Finance Director Kenneth Rosland City Manager A-1 APPENDIX B City of Edina, Minnesota FINANCE DEPARTMENT 4801 West 50th Street • Edina, Minnesota 55424 • (612) 927-8861 • FAX (612) 927-7645 PURCHASE REQUISITIONI Deliver Material To: Material Needed By: (DATE) Suggested Source or Usual Source: Address: 19 DATE: P.O. NUMBER: UNIT CHARGE QTY. DESCRIPTION PRICE AMOUNT ! ACCOUNT SOURCES: 1. Alternate Quotations for Purchases Over $1,000.00: AMOUNTS OF' QUOTATIONS: 1. PREPARED BY: APPROVED BY: DEPARTMENT HEAD 2. 3. B-1 APPENDIX C INSTRUCTIONS TO BIDDERS CITY OF EDINA. MINNESOTA Table of Contents Revised January 1. 1990 Article Page 1. Examination of Plans, Specifications and Site of Work 1 2. Bid Security 1 3. Contract Documents 1 4. Preparation of Proposal 2 5. Conditions in Bidder's Proposal 2 6. Interpretation of Estimates 2 7. Delivery of Proposals 2 8. Rejection of Proposals 2 9. Withdrawl of Proposals 3 10. Public Opening of Proposals 3 11. Disqualification of Bidders 3 12. Comparison of Bids 3 13. Equipment 3 14. Furnishing of Evidence of Responsibility 3 15. Requirements of Contract Bond 4 N.....-16. Failure to Execute Contracts 4 17. Contract 5-6 18. Performance and.Payment Bond 7-11 19. Form IC-134 Withholding Affidavit for Contractors 12-13 20. Advertisement for Bids 14 GENERAL CONDITIONS CITY OF EDINA. MINNESOTA TABLE OF CONTENTS Revised January 1. 1990 Article APPENDIL D Page 1-2 2. Interpretation of Proposed Contract Documents 3 3. Form of Contract 3 4. Contractor's Responsibilities 3 5. Termination of Contractor's Responsibility 3 6. Labor 4 7. Discrimination on Account of Race, Creed or Color Prohibited 4 8. Assignment of Contract 5 9. Sub -Contracts 5 10. Insurance 5-6-7 11. Defense of Claims or Suits 7-8 12. Compliance with Laws, Building Codes and Regulations 8 13. Permits and Licenses 8 14. Use of Explosives 8-9 15. Patented Devices, Materials and Processes 9 16. Materials 9-10-11 17. "Or Equal" Clause 11 18. Prosecution of Work - 11 19. Superintendence and Supervision 11-12 20. Privileges of Contractor in Streets, Alleys and Rights -of -Way 12 21. Contractor Cooperation 12-13 22. Engineer's Status 13 23. Suspension and Resumption of Work 13-14 24. Inspection of Work 14-15 25. Defective Work 15 26. Accident Prevention 15 27. Sites to be Kept Clean 15-16 28. Protection of the Work 16 29. Damage to Existing Improvements 17 30. Protection and Restoration of Property 17-18-19 31. Work in Storms 19 32. Working Hours and Night Work 19 33. Noise Elimination 19 34. Water 19 35. Sanitary Provisions 19-20 36. Fossils 20 37. Failure to Complete Work on Time 20 38. Delays and Extension of Time 20-21 39. Unauthorized Work 21 1. Definitions D-1 APPENDID (cont) Article Page 40. Conformity with Plans and Allowable Deviations 21 41. Coordination of Plans and Specifications 21-22 42. Contractor's Right to Request Changes 22 43. Alterations of Plans or Character of Work 22-23 44. Increased or Decreased Quantities of Work 23 45. Changes in the Work 23-24-25 46. Claims and Protests 25 47. The Right of the Owner to do the Work 25 48. Right of the Owner to Declare Contractor in Default 25-26 49. Exercise of the Right to Declare in Default 26 50. Quitting the Site 26 51. Completion of the Work After Default 27 52. Partial Default 27 53. Scope of Payment 27-28 54. Measurements 28 55. Application for Payments 28-29 56. Partial Payments 29-30 57. Certificates of Payment 30 58. Payments Withheld 30-31 59. Final Inspection 31 60. Final Payment 31 32-33-34 61. Correction of Work After Final Payment 35 62. No Waiver of Legal Rights 35 63. Guarantee 35-36 64. Traffic Control 36 APPENDIX E OTHER TERMS, CONDITIONS, AND INSTRUCTIONS TO THE SPECIFICATIONS 1. CONSIDERATION OF PROPOSAL: The bidder shall submit his proposal on the form furnished by the City of Edina. a. The City reserves the right to accept or reject any or all bids or any part as it may deem best for its interest. b. The City of Edina shall hereinafter be referred to as the City. c. The bid shall be in ink or typed. Prices submitted in the proposal by the bidder for a particular identified City department shall be construed as prices submitted for all City departments using like items. d. In case of difference between written words and figures in a proposal, the amount stated in written words shall govern. e. In case of unit price difference from extended figure, the unit price shall govern. f. Alterations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. g• All bids must comply with and not deviate from the provisions of the specifications and/or other bid or contract documents, if any. h. Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. i. Changes to the proposal may be cause for rejection of said proposal. 2. EXECUTION OF CONTRACT: The successful bidder(s) are required to execute a contract and furnish a performance bond in the full contract price, conditioned as required by law, MSA Chapter 574.26, with sureties satisfactory to the City Legal Department. Said contract and said bond must be executed on forms furnished by the City. The City shall send a written notice of award. The contract shall be signed by the successful bidder(s) and returned, together with any required performance bond, within ten (10) days after the forms have been mailed to the bidder. Upon failure of the successful bidders, within the time allotted, to execute the contracts, furnish an acceptable bond, or comply with any other requirements imposed precedent to approval of the contract, the bid deposit requested in the call for bids shall be forfeited to the City, not as a penalty, but as liquidated damages. E-1 APPENDIX E (cont) a By submitting a bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses or readvertising and rebidding, and other damages sustained by the City as a result of failure of the successful bidder(s) to execute a written contract and a performance bond when so required, but shall not cover, nor preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by the successful bidder(s). 3. WITHHOLDING: On any contract requiring the employment of employees for wages by the bidder, final settlement shall not be made until satisfactory showing is made of a certificate completed by the Commissioner of Taxation (State of Minnesota, Department of Taxation, Form 134) indicating compliance with the provisions of Section 290.92. 4. TIME FOR RECEIVING BIDS: Bids received prior to the time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsibility will be attached to an officer for the premature opening of a bid not properly addressed and identified. a Bidders are cautioned that, while telegraphic modifications of bids may be received as hereinafter provided, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended is subject to rejection. Bidders should secure correct information relative to the probable time of arrival and distribution of mail at the place where the bids are to be opened. 5. WITHDRAWAL OF BIDS: The City shall not physically release or return to the bidder any bid for the purpose of modification, withdrawal or any other purpose whatsoever until after the bids are officially opened and acknowledged and no bid may be withdrawn for a period of forty-five (45) days from the official opening thereof, and then only by written notification directed to the Director of Finance and no pre -notification proposal shall be construant as complying with this requirement. a. Delivered bids may be modified or withdrawn by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt thereof, prior to the time set for bid opening; provided further, that any telegraphic requests should not reveal the E-2 APPENDIX E (cont) amount of the original or revised bid; provided further, any written request or written confirmation must be signed in the same manner by the same person who signed the proposal. b. All bids shall be held firm until the award has been made. 6. BIDDER'S EXPERIENCE: Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance shall furnish to him current information and data regarding the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish the City all such information and data for this purpose as the City may request. The right is reserved to reject the bid where the available evidence or information does not satisfy the City that the bidder is qualified to carry out properly the terms of this contract. The expertise of the vendor in the particular field of endeavor must be demonstrated and documented to the full satisfaction of the City. 7. BID GUARANTEE: Bid Guarantee in the form of a Bid Bond, Certified Check or Cashier's Check shall be made payable to the order of City of Edina. Cash deposits and personal checks will not be accepted. The Bid Guarantee shall insure the execution of the Contract and the furnishing of a performance bond by the successful bidder(s). The bid must be accompanied by a Bid Guarantee which will not be less than ten percent (10%) of the amount of the bid and at the option of the bidder, may be a certified check, cashier's check or a bid bond secured by a corporation authorized to contract as a surety in the State of Minnesota. No bid will be considered unless it is so guaranteed. Revised bids, whether forwarded by mail or telegram, if representing an increase of the original bid, must have the bid guarantee adjusted accordingly, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must be postmarked prior to the time set for the opening of bids; otherwise the revision of the bid will not be considered and the original bid shall remain in force. The bid deposit, except those of the two lowest bidders, will be returned after the executed and required bond have been finally approved by the City. 8 EXCISE TAXES: Instrumentalities of the State of Minnesota are not subject to Federal Excise Taxes. Individual certificates will be furnished on request if needed by the contractor to reclaim for himself such charges. 9. MINNESOTA STATE SALES TAX EXEMPTION: Instrumentalities of the State of Minnesota are not subject to the State of Minnesota Sales Tax. Pursuant to Minnesota Laws of 1967, Extra Session, Chapter 32, Article XIII, Section 25 (which deals with exemptions), Subd. 1 Para. (J) provides specific exemption from taxes imposed by Article XIII as follows: "The gross receipts from all sales of tangible personal property to, and all storage use or consumption of such property by, E-3 APPENDIX E (cont) the United States and its agencies and instrumentalities of the State of Minnesota and its agencies, instrumentalities and political subdivisions." 10. COLLUSION OF BIDDERS: Collusion between bidders is cause for rejection of all bids of bidders thus involved. 11. GUARANTEE: The successful bidder(s) further agree(s) to guarantee all materials and parts bid and supplies against inferiority as to specifications, such guarantees to be unconditional. Failure or neglect of the Finance Director to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. 12 DELIVERY: Cost of delivery to the location of said materials and supplies is included in said prices and delivery shall be made only as called for on duly signed Purchase Orders or Releases referring to the contract and issued by the Purchasing Department of the City. It is understood that the City shall be under no obligation for payment for any supplies or material except on the basis of said Orders or Releases duly signed and issued. In addition, the successful bidder(s) shall not be held responsible for damages caused by delay or failure to perform or defaults caused by public carriers, or acts or demands of the Government in time of war or National emergency. Deliveries shall be made inside where applicable and when so directed. 13 LEGAL RIGHTS OF MATERIAL: The successful bidder(s) hereby guarantee that they will have full legal right of material delivered under this agreement, and agree(s) to pay all rents and royalties of every description on any and all patents or patent rights covering said material, or covering any process or machinery used in its construction and agree(s) to indemnify and save the City entirely harmless from any and all claims, demands, damages, actions, or causes of action, arising, or to arise against said City by reason of the construction or delivery of said material or the use of any process, machinery or material in the construction of same. 14. PAYMENT: The City hereby agrees, in consideration of the covenants and agreements specified to be kept and performed by the successful bidder(s), to pay to the successful bidder(s) when the terms and conditions of the contract and specifications have been fully completed and fulfilled on the part of the bidder(s) to the satisfaction of the City, the sum of the contract price. If said amount is indicated to be an estimate, the estimate will be based on experience and no representation as to quantity shall be construed therefrom. No guarantee of minimum or maximum quantity or amount is either made or implied. The City shall neither be compelled to order any quantity or any item nor limited in the total quantity ordered on any item unless so specified. In addition, in case the successful bidder(s) shall proceed properly to perform and complete the terms and conditions of the specifications and contract, the Finance Director of the City at his discretion, from time to time as deliveries are made, grant to the successful bidder(s) an estimate of the amount already earned, which shall entitle the holder thereof to receive the amount due thereon, E-4 APPENDIX E (cont) when the condition, if any annexed to such estimate shall have been complied with. The granting of such estimate shall not be construed as an acceptance of the materials or any portion thereof. No increase above said bid price will be allowed to the successful bidder(s) during the term of the contract unless and except as provided by the specifications. Payment under the contract will be made in the manner provided by law for payment of claims against the Purchasers. 15. AFFIRMATIVE ACTION POLICY STATEMENT: In accordance with the City of Edina Affirmative Action Policy and the City Council's policies against discrimination, no person shall, on grounds of race, color, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex -offender status, or National Origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provisions of any and all applicable Federal and State laws against discrimination. The Contractor will furnish all information and reports required by the City of Edina or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and order of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. APPENDIX F (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS STANDBY GENERATOR CONTRACT 91-13 (ENG) IMPROVEMENT NO. G-2 BIDS CLOSE AUGUST 15, 1991 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 West 50th Street at 11:00 A.M., Thursday, August 15, 1991. The Edina City Council will meet at 7:00 P.M., Monday, August 19, 1991 to consider said bids. The following are approximate major quantities: 1 Standby Generator Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 West 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or be personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. Plans and specifications are available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of all bids. All plans mailed, enclose separate check for $5.00 payable to the City of Edina for postage and handling. The City Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk PLEASE PUBLISH IN THE EDINA SUN ON JULY 31, AND AUGUST 7, 1991. PLEASE SEND US TWO (2) AFFIDAVITS OF PUBLICATION. BILL TO CITY OF EDINA. APPENDIX G To Whom it May Concern: THE CITY OF EDINA, MINNESOTA, hereby certifies that the merchandise and services leased, rented or purchased on each order we shall give unless such order shall otherwise specify, and until this notice is revoked in writing, is exempt from the sales or excise tax as imposed by Minnesota Statutes, Chapter 297A. Specific exemption is covered under Minn. Stat. $ 297A.25- Subd. 11. THE CITY OF EDINA assumes liability for payment to the state of any sales or excise tax if the CITY uses or consumes the property purchased in anv way as to render the sales subject to tax. SALES TAX EXEMPTION # 8021794 Yours truly City of Edina John Wallin Finance Director G-1 REPORT/RECOMMENDATION To: From: Mayor Richards and Council Members Bob Kojetin, Director Park and Recreation De Date: November 15, 1991 Subject: Appointment to Community Service Board - Park Board Representative Agenda Item # vI • C Consent 7 t • Information Only Mgr . Recommends Action To HRA X I To Council Motion Resolution 1 Ordinance Discussion Recommendation: Park Board recommends appointing Jean Rydell to the Community Education Service Board. Info/Background: The following motion is from the November 12, 1991, Park Board meeting: Bob Christianson MOVED TO RECOMMEND JEAN RYDELL TO SERVE ON THE COMMUNITY EDUCATION SERVICE BOARD. Bill Lord SECONDED THE MOTION. MOTION CARRIED. REPORT/RECOMMENDATION To: From: Date: Mayor & City Council Francis Hoffman, City Engineer 18 November, 1991 Subject: STOP Signs for W. 54th Street from France Avenue to Zenith Avenue Agenda Item # VI•E. Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Authorize STOP sign on northbound Abbott Place and move existing STOP signs from northbound Beard and Drew Avenues to eastbound West 54th Street subject to Minneapolis approval of these similar changes on Minneapolis side. Info/Background This issue is a request by Edina residents to change traffic flow conditions on West 54th Street from France Avenue to Zenith Avenue (see attached sketch). The City of Edina has conducted considerable study activity on the common border street between Edina and Minneapolis. The attached sketch is a compromise position between the engineering staffs of Edina and Minneapo- lis. This sketch depicts a STOP sign layout similar to the pattern of STOP signs that Minneapolis uses on West 51st, West 52nd and West 53rd Streets between France and Xerxes Avenues. The Edina Traffic Safety Committee does support the layout but questions whether the City should conduct a public hearing with notices on this issue. The Edina staff is unaware of a similar neighborhood request being processed thru the Minneapolis side of the sys- tem. As such, to move this issue to a final position, staff would recommend City Council take a position of support on this issue and move the process to the City of Minneapolis for consideration. Staff believes that the Abbott Place northbound STOP sign should be established to define right of way at that intersection if nothing else is approved by the joint actions of the City of Edina and the City of Minneapolis. m v -v DN France Ave. cri • Ewing Ave. • O Drew Ave. 0 • Chowen Ave. 0 Beard Ave. NOIS dOIS 03AO11 03SOdOad NOIS dO1S ONIISIX3 NOIS dOlS M3N O3SOdOiid *O• m At Abbott PI. O e Abbott Ave. Zenith Ave, m �v zv a cn REPORT/RECOMMENDATION To: From: Date: KEN ROSLAND, MANAGER RALPH JOHNSON, ASSESSOR NOVEMBER 15, 1991 Subject: BOARD OF REVIEW DATE Agenda Item # Consent Information Only Mgr . Recommends Action VT F X X To HRA To Council Motion Resolution Ordinance Recommendation: APRIL 27, 1992, 5:00 P.M. Info/Background: THE BOARD OF REVIEW HAS A 20 DAY PERIOD TO CONCLUDE ITS BUSINESS PRIOR TO MAY 31. APRIL 27 IS THE FOURTH MONDAY OF THE MONTH AND APPEARS TO BE AN OPEN DATE FOR THE COUNCIL. PREVIOUS DATES WERE 4/24/89, 4/23/90 AND 4/22/91. REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: MARCELLA DAEHN, CLERK Date: NOVEMBER 14, 1991 Subject: ON -SALE WINE LICENSE AND ON -SALE 3.2 BEER LICENSE APPLICATION FOR PIZZERIA UNO RESTAURANT Agenda Item # Consent Information Only Mgr . Recommends VI.G l To HRA x l To Council Action i x Motion Resolution Ordinance Discussion Recommendation: Approval of issuance of an On -Sale Wine License and On -Sale 3.2 Beer License to Pizzeria Uno, 6740 France Avenue South. Info/Background: The City has received applications for both an On -Sale Wine License and an On -Sale 3.2 Beer License from Unoco Restaurants, Inc., dba as Pizzeria Uno, 6740 France Avenue (formerly Marc's Big Boy), together with an application for one manager's license. Pizzeria Uno intends to open mid -January. The applications have been reviewed by the Police, Health and Planning Departments and the necessary investigations have been conducted. Memorandums are attached from these departments in support of issuance of the On -Sale Wine License. The departments have also approved issuance of the On -Sale 3.2 Beer License. If approved by the Council, the On -Sale Wine License will be sent to the State Liquor Control for approval. CITY OF EDINA POLICE DEPARTMENT MEMORANDUM DATE: June 24, 1991 TO: Kenneth E. Rosland FROM: Craig G. Swanson SUBJECT: On -Sale Wine License The on -sale wine license application of the below -listed establishment has been investigated in accordance with applicable statutes and ordinances: Unoco Restaurants, Inc. DBA: Pizzeria Uno 6740 France Ave. S. Edina, MN 55435 The findings of these investigations do not reveal information that is contrary to the public interest for the purpose of licensing. Therefore, I recommend the Council move to approve the application and issuance of an on -sale wine license for the establishment conditioned upon approval by the State of Minnesota, and instruct the City Clerk to forward the required documents to the State of Minnesota for their approval. 6 •. CRAIG G SWANSON CHIEF F POLICE CGS:nah MEMORANDUM TO: KENNETH ROSLAND, MANAGER FROM: ELLIOTT MARSTON, ENVIRONMENTAL HEALTH SANITARIAN SUBJECT: ON -SALE WINE LICENSE APPLICATION - PIZZERIA UNO DATE: NOVEMBER 14, 1991 The On -Sale Wine License application for Unoco Restaurants, Inc., dba as Pizzeria Uno, 6740 France Avenue, has been reviewed by the Health Department. Our investigation of the plans for the premises finds that the subject restaurant will comply with the requirements of Ordinance No. 902 with respect to seating capacity, food establishment license and that appropriate storage and food handling space will not be adversely impacted by the storage and service of wine. I would recommend that the On -Sale Wine License be approved. MEMORANDUM TO: FROM: CRAIG LARSEN, PLANNE SUBJECT: DATE: NOVEMBER 14, 1991 KENNETH ROSLAND, MANAGER ON -SALE WINE LICENSE APPLICATION - PIZZERIA UNO The On -Sale Wine License application for Unoco Restaurants, Inc., dba as Pizzeria Uno, 6740 France Avenue, has been reviewed by the Planning Department. The premises meet the requirements of the Zoning Ordinance and I would recommend approval of the license application. COUNCIL AGENDA ITEM IX.A EDCNA CITY COUNCIL 4801 West 50th. St. Edina, Minn. 55424 November 3, 1991 Attn: Edina's Council Persons: Be it known that I have lived in Edina and paid taxes to the city since 1965. I have always been proud of the way my property value has been protect- ed by the Great zoning that we have. However, last week I looked out my dining room window and saw a regular commercial T.V. disk; I mean twelve feet in diameter..about 25 ft.in the air. I can see something like this for a bar but not in my backyard! I am very much opposed to this infrigement on my property value and would like the city council to protect my interests and vote NO when a vote comes up on this matter. I have discussed this with several of my neighbors and they are as surprised as I that Edina zoning would permit something like this to be considered. Again, I respectfully ask you to vote no on this matter. Very truly yours, . J , _Lc Earl P. Belschner 6700 Hillside Lane Edina, Minn. 55439 941-3632 C.C. Kenneth E. Rosland, Edina City Manager REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: MARCELLA DAEHN, CLERK Date: NOVEMBER 15, 1991 Subject: PROPOSED ISSUANCE OF REFUNDING BONDS BY MINNEAPOLIS FOR FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES Agenda Item # x.A Consent Information Only 7 Mgr . Recommends 1 To HRA To Council Action Motion x 1 Resolution Ordinance 7 Discussion Recommendation: Adoption of Resolution Approving the Proposed Issuance of Refundings Bonds of the City of Minneapolis on Behalf of Fairview Hospital and Healthcare Services. Info/Background: On November 18, 1991, the Council will hold a public hearing to consider a proposal that the City of Minneapolis issue revenue bonds in order to refund bonds issued in 1985 that were issued to refund the 1981 bonds to finance the construction and improvement of facilities of Fairview Hospital and Healthcare Services and the acquisition and installation of items of equipment therein located in the City of Minneapolis and the City of Edina (Fairview Southdale Hospital). If the Council approves the proposal, the attached resolution which has been reviewed by Jerry Gilligan, bond counsel, should be adopted by the Council. Councilmember introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PROPOSED ISSUANCE OF REFUNDING BONDS OF THE CITY OF MINNEAPOLIS ON BEHALF OF FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: SECTION 1 Recitals 1.1. The City has been advised by representatives of Fairview Hospital and Healthcare Services (Fairview), that in 1981 the City of Minneapolis, Minnesota (Minneapolis), issued revenue bonds (the 1981 Bonds) under Minnesota Statutes, Sections 469.152 to 469.165 (the Act) to finance the construction and improvement of facilities of Fairview and the acquisition and installation of items of equipment therein, and that in 1985 the Minneapolis Community Development Agency issued revenue bonds (the 1985 Bonds) under the Act to refund the 1981 Bonds. A portion of the facilities financed with the 1981 Bonds consisted of improvements to facilities of Fairview located in the City. Fairview has advised the City that it has requested Minneapolis to issue revenue bonds under the Act to refund the 1985 Bonds (the Minneapolis Refunding Bonds). 1.2. Since a portion of the facilities financed with the 1981 Bonds are located in the City, Section 1313(a) of the Tax Reform Act of 1986 and Section 147(f) of the Internal Revenue Code of 1986, as amended and regulations promulgated thereunder, requires that prior to the issuance by Minneapolis of the Minneapolis Refunding Bonds, this Council approve the issuance of the Minneapolis Refunding Bonds after conducting a public hearing thereon, and such a public hearing has been held on the date hereof. SECTION 2 Approvals 2.1. The City hereby approves the issuance by Minneapolis of the Minneapolis Refunding Bonds to refund the 1985 Bonds. This approval is given with the understanding that the City shall not incur any liability with respect to the issuance of the Minneapolis Refunding Bonds nor any responsibility with respect thereto or for the repayment thereof and that the Minneapolis Refunding Bonds shall not in any manner constitute an indebtedness or obligation of the City. Adopted by the City Council of the City of Edina on this 18th day of November, 1991. Attest: (SEAL) City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was approved and signed by the Mayor, whose signature was attested by the City Clerk. -2- REPORT/RECOMMENDATION To: Mayor and Council From: Date: John Wallin Finance Director November 18, 1991 Subject: Executive Summaries Agenda Item # Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Attached for your information are the Executive Summary Income and Expense Reports for the nine months ended September 30, 1991, for all the Enterprise Funds. As requested these reports include budgets for nine months for each of the enterprises. Info/Background: 11/13/91 NINE MONTHS ENDED - SEPTEMBER 30, 1991 EXECUTIVE SUMMARY CITY OF EDINA 1991 ................................................................. Income and Expense Report September 30, 1991 1990 1991 BUDGET ACTUAL BUDGET ACTUAL Revenues $ 174,750 $ 156,149 $ 178,275 $ 184,961 Expenditures 163,140 159,794 169,163 183,428 Income before depreciation 11,610 (3,645) 9,113 Depreciation expense 11,250 10,944 11,250 Net Income (Loss) $ 360 $ (14,589) $ (2,138) 1,533 18,009 (16,476) Revenues Expenditures Income before depreciation Depreciation expense Net Income (Loss) $ (14,408) Income and Expense Report September 30, 1991 1990 1991 BUDGET ACTUAL BUDGET ACTUAL $ 92,250 $ 98,133 $ 89,250 $ 96,699 94,658 99,102 86,363 101,P (2,408) (969) 2,888 (5,2,__, 12,000 12,807 12,000 12,987 (13, 776) $ (9,113) (18,220) Income and Expense Report September 30, 1991 1990 BUDGET 1991 ACTUAL BUDGET ACTUAL Revenues $ 1,244,775 $ 1,663,799 $ 1,326,225 $ 1,633,683 Expenditures 704,250 933,356 801,625 987,245 Income before bond pmts. & depreciation 540,525 730,443 524,600 646,438 Bond payments 138,000 138,020 136,200 136,245 Depreciation expense 127,500 126,576 153,750 147,330 Net Income (Loss) $ 402,525 $ 465,847 $ 388,400 $ 362,863 11/13/91 NINE MONTHS ENDED - SEP 1LMBER 30, 1991 EXECUTIVE SUMMARY CITY OF EDINA 1991 Revenues Expenditures Income before bond pmts. & depreciation Bond payments Depreciation expense Net Income (Loss) Income and Expense Report September 30, 1991 1990 BUDGET 1991 ACTUAL BUDGET $ 371,850 $ 429,172 291,545 361,751 80,305 67,600 78,750 $ (66,045) 67,421 67,600 60,867 $ (61,046) $ 421,800 334,475 87,325 67,600 78,750 $ (59,025) ACTUAL $ 437,287 371,622 65,665 67,600 89,667 $ (91,602) levenues Expenditures Income before depreciation Depreciation expense Net Income (Loss) Income and Expense Report September 30, 1991 1990 BUDGET $ 25,913 24,375 1,538 4,200 $ (2,663) 1991 ACTUAL BUDGET $ 16,542 $ 22,500 23,246 22,800 (6,704) (300) 4,131 4,200 $ (10, 835) $ (4,500) ACTUAL $ 26,573 25,624 949 1,566 (617) Revenues Expenditures Income before depreciation Depreciation expense Net Income (Loss) Less Centennial Lakes Expenses Adjusted Net Income (Loss) EDINBOROU &CENTENNIAL LA1 ES 1F Income and Expense Report September 30, 1991 1990 BUDGET ACTUAL $ 515,741 506,295 9,446 22,500 $ 525,230 $ 540,188 (14, 958) 23,202 (13,054) $ (38,160) $ N/A N/A (13,054) (38,160) $ 1991 BUDGET ACTUAL 746,428 $ 624,279 800,103 627,773 (53, 676) 22,500 (76,176) 101,989 (3,494) 20,322 (23, 816) 110,098 (178,164) $ (133,914) 11/13/91 NINE MONTHS ENDED - SEP'EMBER 30, 1991 EXECUTIVE SUMMARY CITY OF EDINA 1991 Income and Expense Report September 30, 1991 1990 BUDGET 1991 ACTUAL BUDGET ACTUAL Revenues $ 3,800,000 $ 3,960,780 $ 3,900,000 $ 3,656,316 Expenditures 3,200,000 3,110,100 3,300,000 3,018,143 Income before bond pmts. & depreciation 600,000 Bond payments 197,635 Depreciation expense 225,000 Net Income (Loss) $ 177,365 850,680 197,635 227,484 $ 425,561 600,000 185,120 310,000 $ 104,880 638,173 185,120 401,229 $ 51,824 Income and Expense Report September 30, 1991 1990 BUDGET 1991 ACTUAL BUDGET ACTUAI Revenues $ 3,750,000 $ 3,550,682 $ 3,700,000 $ 3,760,40L Less: Cost of goods sold (2,925,000) (2,752,759) (2,900,000) (2,948,197) Expenditures 544,000 543,938 525,000 533,662 Income before depreciation 281,250 253,985 275,000 278,543 Depreciation expense 29,250 18,360 20,000 19,149 Net Income (Loss) $ 252,000 $ 235,625 $ 255,000 $ 259,394 W W W W W W W W W » W W W W W W W W W W W N N N N N N NNN » N N N N N N NNN » N N N N N N N N N N N V V V V V V V V V » V V V V V V V V V V V r r r r r r rrr * r 0 0 0 0 0 0 0 0 0 0 CO V Q) Cfi A W N N N » 0 (0 CO V W V1 A W N r 0 0 0 0 0 0 W 00 00 00 _ W W a W V V V V V V V V V 00 V (O (O (O (O (O (0 (0 (0 (0 (O (0 (0 CO CO c0 (0 (0 co (O 0 ✓ r r or r r r r r r r r r r r r r r r r ON N33H3 ✓ r r r r r r r r r r r r r r r • r ▪ r - - )-• r - • r ▪ • r - ▪ r • • -4 v. rn O O O 0 0 0 000 0 0 0 0 0 0 rr V AA rr WW N WW NN (O AP 01N AA VV. 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CO Or oO W(f1A N co V.0ra AV(OCV0A00M M►+WA00 NrN CA) NN O co WWNOOAFr1-.U1V lJ1 (J)MW WIJI(I)W O W mG)r(71W,IrAW OOANMMM Vm VIrMMM W W (IIW W V W 0 00U1r(JN00oG)VN(ONA4)1-.Ah-Am0)WW(OV) V00 A WVON VA(OOAm00)A(o NP VI(O(0A * 1 1 1 1 1 1 1 lilt III 3 m 0 rW r W A W r N W r V) 00 Z (fl 0 VmN 0 r 0 00NW VI V A mNVWrI--MM ~ v r W 2131N3003W 33NV fSNI TS-OT5-9ST9-OT 44 C.. 44 c. 444WWWWWWWWW .WWWWWWW 4WWWWWW 44WWW 4444W4WWWW 000000000000000000000000000000000000000000000000 = = _ = _ = _ _ _ _ = = = _ _ _ = _ _ _ _ = _ _ _ = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz N(n(n N(n0000(A00 0000(n(nN(ANNNNN(n N(n(n(n(n(A000000w000N(n N(n(n 000000000000000000000000000000000000000000000000 m z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z £EEE££E££E££££££££££££r£££EE££EE££££EE£££EEEE O 1-4/ 41-1MI•4 NMMM F-IMF-IMI-(1-IM1-(1-11-11-y1.y1-..1-yM1-IF-IMI-IMMMMM).-4I-(MM1-11 MMMMM)-1MM-( 03 z z z z Z z z z z z z z z z z Z z z z z Z Z z Z z z z Z z z Z z z z z z z z z z z z z Z z z z Z rnmrnmmmmmrnmmmMMMMMMMMMMMMmmmmrnmMMMMMMrnmmrnmmrnmrnmrnrn NOI1dIa0S30 W31I W V1 V) VI V1 V1 UI of 0 VI Vt V1 V1 V) V) V) V1 V1 VI V) V1 V1 VI VI U1 V7 V) V) VI VI VI VI V) 11 V1 V) VI V) V)V)V)V1 V1 VI VI V)V1 Vt 000000000000000000000000000000000000000000000000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A A A A A A P A A A A P P A A A A A A A A A A A A A A A A A A A A W W W W W W W W W W W W W W W 0rnrn000WWWWWWWWWWWWrnrnrnrn000000000c0VVVVVVVVVVVVVV.( N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ............. h+ r 00000000 0000 000o0ooc000000000000 000000000000000o00O) O)OOOm000O00000000000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 W W W W 00 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W m 0 rn 0 0 0 0 0 0 A P A A P A A P N N N N N N N N N 0 0 A A N N N 0 0 m m 0 A A P A A N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 W W W W W 00 00 W 0 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W M 0 0)0) 0 0 0 0 0 0 A A A A A A A A N N N N N N N N N 0 0 A A N N N 0 0 0 0 0 A A A A A N N N N N z C 'ON IN0030V VNIO3 JO AJI3 H31SI03d 133H3 r 0 3 * 3X333333X33333X333333333333333333333333333333333 * u) 0 > * > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > * D rn z * z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z Z z z c 1 C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C 1 > C) D D D D>>> D D D D>>> D D D D > D D D D D D . 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COUNTY OF HENNEPIN) GreEorY Ptacin , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Edina Sun -Current , and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted Notice of Proposed Proverty Taxes which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 13 day of November , 19 91 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE. General Manager Acknowledged before me on this Not (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter 13 day of November 19 91 . MERIDEL M. HEDBLOM NOTARY PUBLIC—MINNESOTA HENNEPIN OOUNTY MY COMMISSION EXPIRES 7-2 2 RATE INFORMATION $ 1.10 per line (Line, word, or inch rate) $ 74.9 per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 626 per line (Line, word, or inch rate)