HomeMy WebLinkAbout1989-03-06_COUNCIL PACKETr
AGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL REGULAR MEETING
MARCH 6, 1989
7:00 P.M.
ROLLCALL
I. APPROVAL OF JOINT HRA /COUNCIL MINUTES OF FEBRUARY 21, 1989
II. AUTHORIZE CONVEYANCE OF PHASE I CENTENNIAL LAKES CONDOMINIUMS (CONTD FROM 2/21/89)
III. EXTENSION OF OPTION - EDINBOROUGH OFFICE - PHASE II
IV. ADJOURNMENT
EDINA CITY COUNCIL
M.R.P.A. FACILITIES MERIT AWARD PRESENTATION - Edinborough Park
I. ADOPTION OF CONSENT AGENDA ITEMS. All agenda items marked with an asterisk ( *)
and in bold print are considered to be routine and will be enacted by one
motion. There will be no separate discussion of such items unless a 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.
* II. APPROVAL OF MINUTES of the Regular Meetings of October 3 and 17. November 7,
1988.
III. 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 Plat Approval - Edina Highlands 2nd Addition - Steven L. Utne,
5257 Lochloy Drive - Lot 6, Block 1, Edina Highlands (Contd from
12/19/88)
B. Resolution - Recording Subdivisions at Hennepin County
IV. PUBLIC HEARING ON STREET VACATION. 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 Mavelle Drive
V. PUBLIC HEARING - COLLECTION OF RECYCLABLE MATERIALS
VI. SPECIAL CONCERNS OF RESIDENTS
VII. AWARD OF BIDS
* A.
* B.
* C.
* D.
* E.
* F.
* G.
* H.
* I.
Pump and Well Renovation #13 and #16
Well #6 Repair
Cushman Replacement
(5) Golf Carts
Multi- Channel Communications Recording System
Groundsmaster 327 Side Mower
Reelmaster 216 5 -Blade Mower
Greens Mower
Fireworks - July 4 Celebration
Agenda
Edina City Council
March 6, 1989
Page 2
VIII. RECOMMENDATIONS AND REPORTS.
A. Right of Way Plan Approval - France Avenue from West 70th Street to
Minnesota Drive (Contd from 2/6/89)
B. Metropolitan Council Report - Twin Cities Air Travel
C. Children's Agenda Proposal
D. Board and Commission Appointments
1. Community Health Services Advisory Committee
2. Heritage Preservation Board
E. Council Responsibilities /Liaison to Boards and Commissions
F. Purchase of White Oaks Lots
G. Set Hearing Dates for Public Improvements
1. Blake Road (4/3/89)
2. Sidewalk - Xerxes Avenue from 60th to 62nd Street (3/20/89)
IX. INTERGOVERNMENTAL ACTIVITIES
X. SPECIAL CONCERNS OF MAYOR AND COUNCIL
XI. POST AGENDA AND MANAGER'S MISCELLANEOUS ITEMS
XII. FINANCE
A. Payment of Claims as per pre -list dated 3/6/89: General Fund $112,597.97,
Art Center $10,161.47, Capital Fund $2,389.98, Swimming Pool Fund
$1,046.00, Golf Course Fund $51,266.33, Recreation Center Fund $3,716.38
Edinborough Park $9,056.78, Utility Fund $242,537.60, Liquor Dispensary
Fund $6,085.96, Construction Fund $14,719.50, Total $453,577.97
SCHEDULE OF UPCOMING MEETINGS /EVENTS
Thurs Mar 9 Council Orientation
Sat Mar 11 Council Strategic Planning Retreat
Mon Mar 20 Regular Council Meeting
Tues Mar 21 Annual Dinner Meeting - Boards /Commissions
Mon Apr 3 Regular Council Meeting
Mon Apr 17 Regular Council Meeting
Fri Apr 21 Council /Edinamite Party
Mon Apr 24 Board of Review
Tues Apr 25 Annual All Volunteers Reception
1:30 p.m. Mgr Conf Room
8:30 a.m. - 3:00 p.m.
Braemar Clubhouse
7:00 p.m.
6:00 p.m.
7:00 p.m.
7:00 p.m.
Edinborou
5:00 p.m.
5:00 p.m.
Council Room
Braemar Clubhouse
Council Room
Council Room
gh Park
Council Room
Braemar Clubhouse
A.
Cn
.Sao
REPORT /RECOMMENDATION
To: CITY COUNCIL
From: GORDON L. HUGHES
ASSISTANT CITY MANAGER
Date: MARCH 6, 1989
Subject:
AUTHORIZATION OF
CONVEYANCE OF PHASE I
CENTENNIAL LAKES
CONDOMINIUMS
Recommendation:
Agenda Item #
HRA
'II.
Consent
❑
Information Only
❑
Mgr. Recommends
❑
To HRA
To Council
Action.
❑
Motion
0
Resolution
❑
Ordinance
❑
Discussion
Adopt the attached Resolution authorizing execution of closing documents
for Phase I Centennial Lakes Condominium land conveyance.
Info /Background:
At the February 21, 1989 Council meeting the HRA requested additional
information prior to authorizing conveyance of the Phase.I condominium
site. Specifically the HRA requested details concerning the second
mortgage program and sales policies concerning the Centennial Lakes
condominiums. This memo will summarize the HRA requirements and the
East Edina Housing Foundation requirements that have been imposed
through the redevelopment agreements executed last October. as well as
special policies adopted by the Foundation since that time. Also
attached to this report are the following items:
1. Pre - construction price list for the condominiums
2. The proposed second mortgage matrix
3. The profile of individuals who have reset ed units 3L
Centennial Lakes to date
Report /Recommendation
March 6, 1989
Page Two
HRA REQUIREMENTS IMPOSED BY REDEVELOPMENT AGREEMENT
• 80% of condominium units must be sold to low and moderate
income persons. Low and moderate income presently defined as
household income of $40,700 annually or less.
EAST EDINA HOUSING FOUNDATION REQUIREMENTS IMPOSED BY THE REDEVELOPMENT
AGREEMENT
- Sales Terms
• Principal amount of second mortgage cannot exceed 40% of
sale price
• Minimum down payment of 5% - may be less if approved by VA
or FHA
• Second mortgage amount is determined as if buyer first
qualified for maximum first mortgage
• Owner occupancy is required
• Only units selling for $90,000 or less qualify for second
mortgages.
• Edina preference. The Edina preference requires that all
things being equal, a buyer who lives, works or originally
came from Edina is favored over another buyer.
- Second Mortgage Terms
• Interest rate is 5% simple, non- compounded
• Term of the second mortgage is equal to the term of the
first mortgage
• The second mortgage is ass,-unable for the first five
years of the mortgage
• Monthly payments are not required but the principal
amount and. accrued interest are due on sale of the unit
Report/Recommendation
March 6, 1989
Page Three
SPECIAL FOUNDATION POLICIES
• Co- signers or guarantors of the first mortgage are
permitted, however second mortgages are.limited to $5,000 in
such cases
• Assets are limited to $25,000 excluding an automobile and
down payment in order to qualify for a second mortgage
• First mortgage refinancing is permitted without repayment of
the second mortgage provided that no cash is realized from
the refinancing
Larry Laukka, the housing developer, will be attendance at the March
6th meeting to explain further details concerning the project and to
answer any questions you may have concerning sales policies. Also
enclosed for your review is a folder that contains floor plans and other
information that is presently being used at the sales office at
Centennial Lakes.
CERTIFICATION OF MINUTES
City: City of Edina, Minnesota
Governing body: Housing and Redevelopment Authority
Kind, date, time and place of meeting: A special meeting held on
February 21, 1989 at 7:00 o'clock P.M., at the City Hall.
Commissioners present:
Commissioners absent:
Documents attached:
Minutes of said meeting (Pages): -1 and 2
RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION
OF VARIOUS DOCUMENTS
I the undersigned, being the duly qualified.and acting
recording officer of the Housing and Redevelopment Authority of
Edina, Minnesota (the HRA), certify that the documents attached
hereto, as described above, have been carefully compared with the
original records of the HRA in my legal custody, from which they
have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the Board of
Commissioners at said meeting; and that said meeting was duly
held by the HRA at the time and place and was attended throughout
by the commissioners indicated above, pursuant to call and notice
of such meeting given as required by law.
this
WITNESS my hand officially as such recording officer
day of 1 1989.
Gordon Hughes, Executive Director
f�
CERTIFICATION OF MINUTES
City: City of Edina, Minnesota
Governing body: Housing and Redevelopment Authority
Kind, date, time and place of meeting: A special meeting held on
February 21, 1989 at 7:00 o'clock P.M., at the City Hall.
Commissioners present:
Commissioners absent:
Documents attached:
Minutes of said meeting (Pages): -1 and 2
RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION
OF VARIOUS DOCUMENTS
I the undersigned, being the duly qualified.and acting
recording officer of the Housing and Redevelopment Authority of
Edina, Minnesota (the HRA), certify that the documents attached
hereto, as described above, have been carefully compared with the
original records of the HRA in my legal custody, from which they
have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the Board of
Commissioners at said meeting; and that said meeting was duly
held by the HRA at the time and place and was attended throughout
by the commissioners indicated above, pursuant to call and notice
of such meeting given as required by law.
this
WITNESS my hand officially as such recording officer
day of 1 1989.
Gordon Hughes, Executive Director
r
y
Commissioner introduced the
following resolution and moved its adoption:
4
RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF VARIOUS DOCUMENTS
BE IT RESOLVED by the Board of Commissioners of the
Housing and Redevelopment Authority of Edina, Minnesota (the
"HRA ") , as follows:
1. Recitals. The HRA and the Edina City Council have
previously approved a redevelopment plan, as defined in Minnesota
Statutes, Section 462.421, subdivision 15, designated as the
Southeast Edina Redevelopment Plan, and have approved various
amendments thereto (as so amended, the "Redevelopment Plan ").
Acting pursuant to the Redevelopment Plan, the HRA has acquired
certain land in the area included in the Redevelopment Plan and
it has been proposed that the HRA sell and transfer a portion
of such land to the East Edina Housing Foundation (the
"Foundation "), pursuant to a Land Sale Agreement by and between
the HRA and the Foundation (the "Agreement "). By a resolution
adopted March 7, 1988, the HRA approved the form of the Agreement
and authorized any two officers of the HRA to execute and deliver
the Agreement on behalf of the HRA with such modifications as
were deemed appropriate and approved by the Chairman and the
Executive Director of the HRA. Pursuant to such authorization
the Chairman and Vice Chairman of the HRA executed and delivered
the Agreement dated on or as of March 14, 1988. Subsequently,
by resolution dated September , 1988, the HRA approved
execution and delivery by any two officers of the HRA, on behalf
of the HRA, of an Amended and Restated Land Sale Agreement and
Contract for Private Redevelopment between the HRA and Foundation
with such modifications as the.attorney for the HRA and Executive
Director of the HRA should approve (the "Amended Agreement ").
Pursuant to such authorization the Chairman and Secretary of the
HRA executed and delivered the Amended Agreement dated on or.as
of September 30, 1988. In connection with the transactions
contemplated by the Amended Agreement, it is now proposed that
Phase I of the Condominium Development be commenced on the
property described on Exhibit,A hereto (the "Phase I Condominium
Property ") and that the Phase I Condominium Property be conveyed
pursuant to the Amended Agreement.
2. Ratification. The execution and delivery of the
Amended Agreement dated on or as of September 30, 1988, by the
Chairman and Secretary is hereby affirmed.
3. Authorization for Execution and Delivery of
Documents. Any two officers of the HRA are authorized and
directed to execute such instruments and agreements as may be
required or be desirable to accomplish the conveyance of the
l�
Phase I Condominium Property pursuant to the Amended Agreement.
The execution of such instruments and agreements by any two
officers of the HRA shall be conclusive evidence of the approval
of such documents by the HRA in accordance with this Resolution.
Dated as of the 21st day of February, 1989.
Chairman
Attest:
Executive Director
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner and upon
vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared passed and adopted and
was signed by the Chairman and his signature attested by the
Executive Director.
9
THE HOMES AT CENTENNIAL LAKES
PHASE I CONDOMINIUM LAND DESCRIPTION
#28, 18- 8813.1
All that part of LOT 1, BLOCK 2, SOUTH EDINA DEVELOPMENT ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of said LOT 1; thence on an assumed
bearing of North 00 degrees 14 minutes 09 seconds West, along the easterly
line of said LOT 1 for 100.00 feet; thence •North 18 degrees 11 minutes 57
seconds East, along said easterly line for 47.23 feet; thence South 89
degrees 45 minutes 51 seconds West for 148.64 feet; thence North 45 degrees
14 minutes 09 seconds West for 35.67 feet; thence North 00 degrees 14 minu-
tes 09 seconds West for 37.79 feet; thence South 89 degrees 45 minutes 51
seconds West for 143.93 feet to the westerly line of said LOT 1; thence
South 00 degrees 14 minutes 09 seconds East, along said westerly line for
146.64 feet; thence South 35 degrees 08 minutes 34 seconds East for 154.42
feet to the southerly line of said Lot 1; thence North 56 degrees 15 minutes
46 seconds East, along said southerly line for 5.00 feet; thence easterly
for 222.69 feet along said southerly line on a tangential curve concave to
the south, radius 377.50 feet and central angle 33 degrees 47 minutes 55
seconds, to the point of beginning.
PRE- CONSTRUCTION PRICES
Cotswolds Building - Phase I
Model
Style
Henley (H -1)
I BR /1
BATH
Tewkesbury (E -3)
1 BR /1
BATH
Nottingham (G -2)
I BR /1
BATH
Banbury (E -2)
2 BR /1
BATH
Greenwich (G -1)
2 BR /I
BATH
Abingdon (A -1)
2 BR /1
BATH
Cheltenham (B -2) 2 BR /1 BATH
Tilbury (D) 2 BR /1 BATH
Stratford (F)
2 BR /2 STORY
Eat.
1 } BATH
Gainsborough (C -1)
1 BR /2 STORY
Sq. Ft.
1 f BATH
Salisbury (H -2)
2 BR /1 BATH
Gloucester (E -1)
2 BR /2 BATH
Reading (C -2) 2 BR /2 STORY 3rd (2) 1260 $111,000
1 i BATH
Birmingham (A -2) 2 BR /2 STORY 3rd (2) 1300 $107,500- $110,000
2 BATH
Price includes one garage space - Additional space available at $5,000 each.
Sales Office Hours: Mon - Fri 12 -7:00 PAi
Sat & Sun 12 -5:00 PM
#835 -6667
February 1, 1989
PRICES SUBJECT TO CHANGE WITHOUT NOTICE
-
Eat.
Mr.
No.
Sq. Ft.
Price
1st
(2)
762
$60,000 - $62,000
2nd
(2)
815
$71,000
2nd
(1)
850
$73,000
1st
,(2)
895
$77,500
Ist
(1)
1065
$91,500
1st
(2)
1000
$81,500- $84,500
2nd
(2)
1st
(4)
2nd
(4)
10,10
$85,000- $90,000
3rd
(4)
1st
(2)
2nd
(2)
1034
$82,000- $89,000
3rd
(2)
3rd
(4)
1060
$89,000
3rd
(2)
1080
$96,000
2nd
(2)
1115
$93,500
1st
(2)
1200
$99,500 - $102,500
2nd
(2)
Reading (C -2) 2 BR /2 STORY 3rd (2) 1260 $111,000
1 i BATH
Birmingham (A -2) 2 BR /2 STORY 3rd (2) 1300 $107,500- $110,000
2 BATH
Price includes one garage space - Additional space available at $5,000 each.
Sales Office Hours: Mon - Fri 12 -7:00 PAi
Sat & Sun 12 -5:00 PM
#835 -6667
February 1, 1989
PRICES SUBJECT TO CHANGE WITHOUT NOTICE
HEDEIEa
REVISED: 03- Mar -89
CENTENNIAL LAKES HOUSING PARTNERSHIP
SECOND MORTGAGE ALLOCATIONS
PROPOSED SECOND MORTGAGE CRITERIA
t IF SECOND MORT6A.E AVAILABLE EQUALS MAXIMUM SECOND MORTGAGE AMOUNT, ADDITIONAL
CASH MILL BE NEEDED TO BUY HOME AT THIS SELLING PRICE WITH THIS INCOME.
V
v
dr
$65,000 HOME
$70,000 HOME
$75,000 HOME
$80,000 HDME
185,000 HOME
$90,000 HOME
$95,000 HOME
$100,000 HOME
-Net worth is not to exceed 425,000 of liquid
�,
--
-
----------
-- -- -
--- - - - - - - --
-
--------- -- --
--- - -
---- -----------
--
-- ----- -
- - ------- -
-------- - - - - ---
------ - --- - - - -- -
--- -- -- - -- --
assets- exclud an g automobile or down payment. -
MARRIED
SINGLE
MARRIED SINGLE
MARRIED SINGLE
MARRIED SINGLE
MARRIED SINGLE
MARRIED SINGLE
MARRIED
SINGLE
MARRIED
SINGLE
;
- --- ---
- --- ---
--- ---- --- - ---
- - - -- -- -------
------- -------
------- - -- ----
------- - - --- --
- ---- --
-- -----
-- - - ---
- - - - - --
-Condo must be owner occupied.
SELLING
PRICE_
$65,000$65,000
$70,000 _$70,000
-
175 000 $75 000
_ , _ ,
180 000 $80 000_185
,
000 $BS 000 190 000 $90 000
, , , _ ,
$95 000 195 000
, ,
~100,000 4100,000
MINIMUM
DOWNPAYNENT (per
FHA)
2,100
2,100
2,300 2,300
2,600 2,600
2,800 2,000
3,100 3,100
3,300 3,300
3,600
3,600
3,800
3,800
-Sales of 801 of the homes will be to 'Moderate
-------
- ------
--- ---- - -- -- --
- - - - - -- -------
-- ----- - ------
-- --- -- ----- --
--- ---- -------
- - - ----
- --- ---
----- --
--- ----
Income Purchasers'. This means an individual
3 _ FINANCING NEEDED -._
162,900
162,900
$67,700 $67,700
_$72,400 $72,400_$77,200
111,200
_ $81,900 $81,900 _$86,700
186,700_
-191,400 $91,400___196,200
_$96,200_
or family who has an adjusted gross income which
is equal to, or less than 1101 of the median
"I
income. This is currently $41,000.
MAXIMUM
SECOND MORTGAGE
$10,400
110,400
$11,200 $11,200
$12,000 112,000
$12,000 $12,000
$12,000 $12,000
$12,000 $12,000
f0
s0
10
10
_
--
-_ --
-- _
- - - - -- -- - - --
-- - - --
- -- --
- - - - --
-------
- Second mortgages are limited to the greater of
$12,000 or 161 of selling price.
MAXIMUM FHA
-No second mortgages will be allowed for homes
'r
MORTGAGE
- 10.51
with selling prices greater than $90,000,
°- ANNUAL_
INCOME
----------
- ---
MARRIED
- - - - --
- -- -
SECOND NOR T6A6E
_ -
AVAILABLE
regardless of buyer _income.
-
SINGLE
_ --
_
i-I ------
- -- -- --
-- -----
--------------
-- --------- -----------------
- --
------------------------------------------
---
------ ------------
---
---- ---
- Minimum down payment of 51 required, u nless
$20,000
$49,900-
$46,000
$10,400
$10,400
$11,200 $11,200 __
$12,000 $12,000 _$12,000
$12,000
$12,000 112,000 -
$12,000 $12,000
10
f0
_ f0
$0
- approved for -less by VA or FHA.
21,000
53,100
49,100
9,800
10,400
11,200 11,200
12,000 12,000
12,000 12,000
12,000 12,000
12,000 12,000
0
0
0
0
't 22,000
56,300
51,800
6,600
10,400
11,200 11,200
12,000 12,000
12,000 12,000
12,000 12,000
12,000 12,000
0
0
0
0
- Buyers who enlist a 'cc- buyer' or 'cc- mortgagor'
23,000
59,500
54,500
3,400
8,400
8,200 11,200
12,000 12,000
_12,000_ 12,000
_12,000 12,000
_ 12,000 12,000
0
0
_ 0
0
who does- not - intend to occupy the home will be _
24,000
62,700
57,200
200
5,700
5,000 10,500
9,700 12,000
12,000 12,000
12,000 12,000
12,000 12,000
0
0
0
0
limited to $5,000 of second mortgage financing.
25,000
r
65,800
59,900
0
3,000
1,900 7,800
6,600 12,000
11,400 12,000
12,000 12,000
12,000 12,000
0
0
0
0
2
] 26,000
69 000
62 600
0
300
0 5 100
3,400 _9,800
_ ,8,200 _12,000
__12,000 _ 12,000
12,000 12,000_
_O
__ 0
0
_ 0
Buyers who qualify for second mortgage financing
ze
27,000
72,200
65,300
0
0
0 2,400
200 7,100
5,000 11,900
9,700 12,000
12,000 12,000
0
0
0
0
based on a maximum first mortgage for their
291
28,000
75,400
68,000
0
0
0 0
0 4,400
1,800 9,200
6,500 12,000
11,300 12,000
0
0
0
0
income level but choose to finance less than
3'
]:
29,000,
30,000
18,600
81,800
70,700___
73,400
0
0
-0
0
0
0 0
0 1,700
0 _6,500
0 3,800
_ 3,300 11,200
100 8,500
8,100_ 12,000
4,900 12,000
0
0
0
0
that - amount by first mortgage may have a second -
mortgage reduced based upon individual circum- -
0 0
0
0
0
0
V 32
31,000
85,000
76,100
0
0
0 0
0 0
0 1,100
0 5,800
1,700 10,600
0
0
0
0
stances and understanding of their asset base.
'-
32,000
_ 88,100
78,800. _____0
0
0 0
0 0 ---
0 __ 0
_ _ 03,100_
__ 0 7,900
____ 0
0
0__0_
33,000
91,300
81,500
0
0
0 0
0 0
0 0
0 400
0 5,200
0
0
0
0
- Intrest rate is 51 simple and subordinate to first
3'1
991
34,000
35,000
94,500
97,700 _86,900
84,200
0
0
0
0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 2,500
0 0
0
0
0
0
0
0
0
0
mortgage.
T
36,000
100.900
89,600
0
0
0 0
0 0
0 0
0 0
0 0
0
0
0
0
- Second mortgage is assumable by qualified buyer
3:
37,000
101,200
92,300
0
0
0 0
0 0
0 0
0 0
0 0
0
0
0
0
within 5 years of origional mortgage.
38,000
_ 101,200
- 95,000
0
0 r 0__0
0 0_
0
0
�0
0
0
_
r 39,000
40,000
101,200
101,200
97,700
100,400
0
0
0
0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0
0
0
0
0
0
0
First mortgage refinancing permitted without
repayment of second mortgage if no cash is
t IF SECOND MORT6A.E AVAILABLE EQUALS MAXIMUM SECOND MORTGAGE AMOUNT, ADDITIONAL
CASH MILL BE NEEDED TO BUY HOME AT THIS SELLING PRICE WITH THIS INCOME.
V
v
dr
CENTENNIAL
LAKES
CONDOMINUMS
PROSPECT STATUS
o
BUILDING NUMBER ONE
PRIOR
PARENTS
ADJUSTED
1ST
2ND
UNIT
UNIT
EDINA
EDINA
BUYER
SINGLE/
GROSS
PURCHASE
MORT6A6E
MGRT6A6E
NO.
TYPE
PROSPECT
RESIDE
--
RESIDE
AGE
MARRIED
-7 -----
INCOME
- - - - - --
PRICE
--- - - - - --
AMOUNT
--- - - - - --
AMOUNT.
-- - - -� --
- - - --
1101
- - - --
H -1
---------- - - - - --
YES
- - - - -
-- - - - - --
- - - - - --
20 -30
S
$18,000
$60,000
$37,000
$11,000
1102
D
SALES OFFICE
.$82,000
1103
A -1
NO
$81,500
1105
E -1
NO
$99,500
1106
B -2
NO
$85,000
1107 ,
B -2
YES
NO
NO
25 -30
S
$35,000
$88,000
$82,200
$2,000
1108
E -2
YES
NO
NO
30-40
5
$21,000
$77,500
$64,000
:: $11,000
1110
6 -1
YES
NO
NO
25 -30
S
$91,500
1111
H -1
YES
YES
YES
S
$62,000
1112
D
YES
NO
NO
40 -50
5
$33,500
$87,000
$47,000
N/A
1113
A -1
YES
NO
NO
25-30
S
$13,500
$64,500
$48,500
$5,000
1115
E -1
YES
NO
NO
55-65
M
$102,500
i
1116
B -2
YES
NO
NO
25-29
S
$26,000
$87,000
$61,000
$7,000
1117
B -2
YES
NO
NO
25 -30
S
$45,000
$88,000
?
N/A
1118
E -2
YES
YES
YES
25-30
S
$24,000
$77,500
$54,100
$11,000
1201
H -2
YES
NO
NO
25-30
S
$27,500
$93,500
$61,700
N/A
1202
D
MODEL
$84,500
j
1203
A -1
YES
NO
NO
45 -55
S
UNKNOWN
$81,500
CASH
N/A
1205
E -1
NO
$99,500
1206
B -2
NO
$85,000
1207
B -2
NO
$89,000
1208
E -3
YES
NO
NO
50 -60
S
$100,000
$71,000
?
N/A
1210
6 -2
YES
YES
40 -50
S
UNKNOWN
$73,000
$60,000
;UNKNOWN
1211
H -2
YES
YES
NA
55 -65
S
$50,000
$93,500
?
N/A
1212
D
YES
YES
YES
25 -29
S
$32,300
$85,000
$78,000
$6,000
1213
A -1
NO
$84,000
1215
E -1
YES
YES
NO
30 -35
S
UNKNOWN
$102,500
?
N/A
1216
B -2
YES
NO
25 -30
S
UNKNOWN
$87,000
?
'.UNKNOWN
1217
B -2
YES
YES
30 -35
S
$45,000
$88,000
$85,900
N/A
1218
E -3
YES
NO
NO
25-30
S
.$26,300
$71,000
$59,000
$11,000
1302
D
YES
NO
NO
25 -30
S
UNKNOWN
$86,500
?
UNKNOWN
1303
A -2
NO
$107,500
1304
F
YES
NO
NO
30 -35
5
$60,000
$89,000
$30,000
N/A
1305
F
MODEL
$89,000
1306
B -2
MODEL
$87,000
1307
B -2
MODEL
$90,000
1308
C -1
MODEL
$96,000
1309
C -2
NO
$111,000
1312
D
NO
$89,000
1313
A-1
YES
NO
NO
50 -60
M
UNKNOWN
$110,000
?
N/A
1314
F
YES
YES
YES
25 -30
S
$35,000
$89,000
?
UNKNOWN
1315
F
YES
YES
NO
20 -30
S
$28,000
$89,000
$62,800
$10,000
1316
B -2
YES
NO
NO
25 -30
S
$34,000
$89,000
$85,000
$2,000
1317
B -2
YES
NO
NO
25 -30
S
$30,000
$90,000
$83,000
$6,000
1318
C -1
YES
$96,000
1319
C -2
NO
$1119000
$4,060,500
$999,200
$82,000
✓,
CERTIFICATION OF MINUTES
City: City of Edina, Minnesota
Governing body: Housing and Redevelopment Authority
Kind, date, time and place of meeting: A special meeting held on
March 6, 1989 at 7:00 o'clock P.M., at the City Hall.
Commissioners present: Kelly, Paulus, Rice, Smith, Richards
Commissioners absent: None
Documents attached:
Minutes of said meeting (Pages): 1 and 2
RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION
OF VARIOUS DOCUMENTS
I the undersigned, being the duly qualified and acting
recording officer of the Housing and Redevelopment Authority of
Edina, Minnesota (the HRA), certify that the documents attached
hereto, as described above, have been carefully compared with the
original records of the HRA in my legal custody, from which they
have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the Board of
Commissioners at said meeting; and that said meeting was duly
held by the HRA at the time and place and was attended throughout
by the commissioners indicated above, pursuant to call and notice
of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this 7th day of March , 1989.
Gordon Hughes, Executive Director
Commissioner Smith introduced the
following resolution and moved its adoption:
RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF VARIOUS DOCUMENTS
BE IT RESOLVED by the Board of Commissioners of the
Housing and Redevelopment Authority of Edina, Minnesota (the
"HRA "), as follows:
1. Recitals. The HRA and the Edina City Council have
previously approved a redevelopment plan, as defined in Minnesota
Statutes, Section 462.421, subdivision 15, designated as the
Southeast Edina Redevelopment Plan, and have approved various
amendments thereto (as so amended, the "Redevelopment Plan ").
Acting pursuant to the Redevelopment Plan, the HRA has acquired
certain land in the area included in the Redevelopment Plan and
it has been proposed that the HRA sell and transfer a portion
of such land to the East Edina Housing Foundation (the
"Foundation "), pursuant to a Land Sale Agreement by and between
the HRA and the Foundation (the "Agreement "). By a resolution
adopted March 7, 1988, the HRA approved the form of the Agreement
and authorized any two officers of the HRA to execute and deliver
the Agreement on behalf of the HRA with such modifications as
were deemed appropriate and approved by the Chairman and the
Executive Director of the HRA. Pursuant to such authorization
the Chairman and Vice Chairman of the HRA executed and delivered
the Agreement dated on or as of March 14, 1988. Subsequently,
by resolution dated September 12 , 1988, the HRA approved
execution and delivery by any two officers of the HRA, on behalf
of the HRA, of an Amended and Restated Land Sale Agreement and
Contract for Private Redevelopment between the HRA and Foundation
with such modifications as the attorney for the HRA and Executive
Director of the HRA should approve (the "Amended Agreement ").
Pursuant to such authorization the Chairman and Secretary of the
HRA executed and delivered the Amended Agreement dated on or as
of September 30, 1988. In connection with the transactions
contemplated by the Amended Agreement, it is now proposed that
Phase I of the Condominium Development be commenced on the
property described on Exhibit A hereto (the "Phase I Condominium
Property ") and that the Phase I Condominium Property be conveyed
pursuant to the Amended Agreement.
2. Ratification. The execution and delivery of the
Amended Agreement dated on or as of September 30, 1988, by the
Chairman and Secretary is hereby affirmed.
3. Authorization for Execution and Delivery of
Documents. Any two officers of the HRA are authorized and
directed to execute such instruments and agreements as may be
required or be desirable to accomplish the conveyance of the
w
Phase I Condominium Property pursuant to the Amended Agreement.
The execution of such instruments and agreements by any two
officers of the HRA shall be conclusive evidence of the approval
of such documents by the HRA in accordance with this Resolution.
Dated as of the 6th day of March, 1989.
Chairman
Attest:
Executive Director
The motion for the adoption of the foregoing resolution
was duly seconded by Commissioner Rice , and upon
vote being taken thereon, the following voted in favor thereof:
Kelly, Paulus, Rice, Smith, Richards
and the following voted against the same:
None
whereupon said resolution was declared passed and adopted and
was signed by the Chairman and his signature attested by the
Executive Director.
#28, 18- 8813.1
THE HOMES AT CENTENNIAL LAKES
PHASE I CONDOMINIUM LAND DESCRIPTION
All that part of LOT 1, BLOCK 2, SOUTH EDINA DEVELOPMENT ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, described.as follows:
Beginning at the southeast corner of said LOT 1; thence on an assumed
bearing of North 00 degrees 14 minutes 09 seconds West, along the easterly
line of said LOT 1 for 100.00 feet; thence North 18 degrees 11 minutes 57
seconds East, along said easterly line for 47.23 feet; thence South 89
degrees 45 minutes 51 seconds West for 148.64 feet; thence North 45 degrees
14 minutes 09 seconds West for 35.67 feet; thence North 00 degrees 14 minu-
tes 09 seconds West for 37.79 feet; thence South 89 degrees 45 minutes 51
seconds West for 143.93 feet to the westerly line of said LOT 1; thence
South 00 degrees 14 minutes 09'seconds East, along said westerly line for
146.64 feet; thence South 35 degrees 08 minutes 34 seconds East for 154.42
feet to the southerly line of said Lot 1; thence North 56 degrees 15 minutes
46 seconds East, along said southerly line for 5.00 feet; thence easterly
for 222.69 feet along said southerly line on a tangential curve concave to
the south, radius 377.50 feet and central angle 33 degrees 47 minutes 55
seconds, to the point of beginning.
0
�ZN A
�1
r
• '�RPOW`S`O •
lase
REPORT /RECOMMENDATION
To: CITY COUNCIL
From: GORDON L. HUGHES
ASSISTANT CITY MANAGER
Date: MARCH 6, 1989
Subject:
EXTENSION OF OPTION -
EDINBOROUGH OFFICE
PHASE II
Recommendation:
Agenda Item # HRA III
Consent ❑
Information Only ❑
Mgr. Recommends
To HRA
❑
To Council
Action. ❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Authorize Chairman and Secretary to execute attached amendment to HRA
contract which extends the option to December 31, 1989.
Info /Background:
Attached is a letter dated 2/20/89 from Thomas W. LaSalle on behalf of
the Edina Partnership (the Edina Partnership was the original
development entity for Edinborough). Mr. LaSalle's letter requests an
extension to the partnership's development rights for the Edinborough
Phase II Office site until at least December 31, 1989 and more
practically until March 31, 1990. Until quite recently, the Partnership
believed that their development rights were in effect until March 31,
1992. Therefore, the Partnership has not appeared before the Council
earlier to request the extension.
As you know, the Partnership is presently working with Hawthorne Suites
for the purpose of presenting to the City a proposal for an extended
stay hotel on the site. We expect that Hawthorne Suites will submit
preliminary plans for Planning Commission review sometime in April.
Staff agrees that the termination date as provided for in our
redevelopment agreements is somewhat ambiguous. It is understandable
that the partnership could have concluded that their option did extend
until March of 1992. As such, we believe that the requested extension,
until December 31, 1989 is reasonable and should be approved by the HR1.
s
REALTY MANAGEMENT SERVICES, INC.
REALTY DEVELOPMENT SERVICES, INC.
REALTY FINANCIAL SERVICES, INC.
2001 Killebrew Drive. Suite 308
Minneapolis, Minnesota 55425
Phone(612)854 -8800
February 20, 1989
mr. Ccrdcn 111 -a-hes
Assistant City Manager
City of Edina
4801 W. 50th St.
Edina, MN 55424
Re: Edinborough Phase II Office Site
Dear Gordon:
On behalf of The Edina Partnership, this letter requests an
extension of The Edina Partnership's development rights to the
�Edinborough Phase II Office site. It had been our understanding
that our development rights expire in 1992. We were recently
surprised, however, to learn that these rights officially
expire as of March 31, 1989. It is of utmost importance that
The Edina Partnership's development rights be minimally
extended until December 31, 1989, and more practically for one
year to March 31, 1990, to allow time for the planning of an
appropriate development for the Phase II property.
Your prompt attention to this most important matter is truly
appreciated. Please call me if I can be of any assistance.
Thomas W. aSalle
Partner
The Edina Partnership
TWL /be
"THE REALTY SERVICES COMPANIES"
OFFICES IN MINNEAPOLIS, CHICAGO. ROCHESTER
350 PARE AVENUE
NEW YORK, NEW YORK 10022
(212)415 -9200
3 GRACECHURCH STREET
LONDON ECOV OAT, ENGLAND
01 -929 -3334
36, RUE TRONCHET
75009 PARRS, FRANCE
01- 42- 66 -59 -49
040 FIRST NATIONAL BANK BUILDING
P. 0. BOX 848
ROCHESTER, MINNESOTA 55903
(507)288 -3156
510 NORTH CENTRAL LIFE TOWER
435 MINNESOTA STREET
ST. PAUL, MINNESOTA 56101
(612)227 -8017
DORSEY & WHITNEY
A P—a-P IN -DINO Pa Ffts .o COMM-OMS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
(612) 340 -2600
TELEX 29 -0605
TELECOPIER (612)340 -'2868
Mr. Gordon L. Hughes
City of Edina
4801 West 50 Street
Edina, Minnesota 55424
THOMAS S. ERICKSON, P. A.
(612) 340 -2659
February 28, 1989
Re: Edina Office Phase II
Dear Gordon:
1200 FIRST INTERSTATE CENTER
401 NORTH 31" STREET
P. O. BOX 7188
BILLINGS, MONTANA 59108
(406)252 -3800
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 59802
(406)721 -6025
315 FIRST NATIONAL BANE BUILDING
WAYZATA, MINNESOTA 55391
(612)475-0373
I enclose herewith a proposed Amendment No. 3
to the Foundation Contract and Amendment No. 6 to the HRA
Contract for Edinborough. This extends the option in favor
of the office partnership to buy the Phase II office site
to a date which has been left blank in paragraph 1. I under-
stand you will be preparing a memorandum to the HRA relative
to the request for this extension with two possible dates
for the HRA to select, December 31, 1989 and March 31, 1990.
We can insert the appropriate date,once the decision is
made. If you have any questions on the enclosed please
let me know.
Very truly yours,
'2 �
Thoma S. Erickson
TSE:jd
enclosure
2100g
AMENDMENT NO. 3
(TO FOUNDATION CONTRACT)
AND
AMENDMENT NO. 6
(TO HRA CONTRACT)
This Amendment, made and entered into as of the day of
, 1989, between the Housing and Redevelopment Authority of
Edina,.Minnesota, a body politic and corporate under the laws of
Minnesota (the "HRA "), East Edina Housing Foundation, a Minnesota
non - profit corporation (the "Foundation "), and Edinborough Corporate East
Limited Partnership, a Minnesota limited partnership (the "Office
Partnership ").
WITNESSETH, THAT:
WHEREAS, by Section 13.3 of the Land Sale Agreement And Contract
For Private Redevelopment by and between the HRA and the Foundation dated
on or as of August 1, 1985 (the "HRA Contract "), the HRA granted to the
Foundation the right and option to acquire the Office Project Area Phase
II (as defined in the HRA Contract) pursuant to the terms of said HRA
Contract; and
WHEREAS, the right and option to acquire the Office Project Area
Phase II was granted, in turn, by the Foundation to The Edina
Partnership, a Minnesota general partnership (the "Edina Partnership "),
by Land Sale Agreement And Contract For Private Redevelopment, by and
between the Foundation and The Edina Partnership dated on or as of
August 1, 1985 (the "Foundation Contract "); and
WHEREAS, the right to acquire the Office Project Area Phase II
was granted, in turn, by The Edina Partnership to the Office Partnership
by Assignment and Assumption effective as of October 1, 1985; and
WHEREAS, the HRA and Foundation, by Amendment No. 3 to the HRA
Contract dated as of July 10, 1986, extended the option period to
March 31, 1989; and
WHEREAS, by Amendment No. 2 to the Foundation Contract dated as
of July 10, 1986, the Foundation agreed to request from the HRA a further
extension of option to March 31, 1992, but such extension beyond
March 31, 1989, to be in favor of the Foundation only; and
WHEREAS, the HRA and Foundation, by Amendment No. 4 to the HRA
Contract dated as of October 6, 1986, agreed to extend the period within
which the Foundation must exercise the option to 5:00 p.m. on March 31,
1992, which extension was confirmed by the HRA and Foundation by
Amendment No. 5 to the HRA Contract dated as of February 19, 1987; and
WHEREAS, the Office Partnership now desires to have the period
•- of time within which it may exercise the option extended from March 31,
1989, to December 31, 1989, and the HRA and Foundation are willing to
grant such extension.
NOW, THEREFORE, . for and in consideration of the mutual covenants
and agreements herein contained, it is hereby agreed as follows:
1. The Office Partnership may exercise, pursuant to, and
subject to, the terms and conditions of the HRA Contract and the
Foundation Contract, the right and option to acquire the Office Project
Area Phase II at any time prior to 5:00 p.m. on , 19_.
2. Subject to the option rights of the Office Partnership set
out in paragraph 1 hereof, the Foundation may exercise, pursuant to, and
subject to, the terms and conditions of the HRA Contract, the right and
option to acquire the Office Project Area Phase II at any time prior to
5:00 p.m. on March 31, 1992.
3. The Foundation and Office Partnership understand and agree
that each has no rights or claims to purchase or acquire the Office
Project Area Phase II except as set out in this Amendment, and all such
rights or claims not set out in this Amendment are hereby fully waived
and released.
4. It is understood and agreed that the legal description of
the Office Project Area Phase II is and shall be Lot 1, Block 1,
Edinborough Addition, according to the plat thereof on file and of record
in the office of the Registrar of Titles in and for Hennepin County,
Minnesota.
5. Terms used, but not defined herein, shall have the same
meaning as in the HRA Contract or Foundation Contract.
6. The HRA Contract, as heretofore and hereby amended, and the
Foundation Contract, as heretofore and hereby amended, shall be and
remain in full force and effect. The provisions of this ,Amendment shall
contract over any contrary or inconsistent provisions of the HRA
Contract, as heretofore amended, or of the Foundation Contract, as
heretofore amended.
-2-
IN WITNESS WHEREOF, the HRA, Foundation and Office Partnership
have caused this instrument to be duly executed as of the day and year
first above written.
THE HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA
By
By
EAST EDINA HOUSING FOUNDATION
By_
It
And
Its
, Chairman
Secretary
EDINBOROUGH CORPORATE EAST LIMITED
PARTNERSHIP
By: Edina Office Limited Partnership,
general partner of Edinborough
Corporate East Limited Partnership
By: Partnership Technologies
Corporation, a Minnesota
corporation, general partner
of Edina Office Limited
Partnership
By
Its
-3-
STATE OF MINNESOTA )
. ) as.
COUNTY OF HENNEPIN )
On this day of , 1989, before me a Notary Public
within and for said County, personally appeared and
, to me personally known, who being by me duly sworn,
did say that they are the Chairman and Secretary, respectively, of the
Housing and Redevelopment Authority of Edina, Minnesota, and that said
instrument was signed on behalf of said municipal corporation by
authority of its governing body, and that said and
acknowledge said instrument.to be the free act and
deed of said Housing and Redevelopment Authority of Edina, Minnesota.
Notary Public
STATE OF MINNESOTA )
) as.
COUNTY OF HENNEPIN )
On this day of 1989, before me a Notary Public
within and for said County, personally appeared and
who being by me duly affirmed, did say that they
are the and , respectively, of
the East Edina Housing Foundation, a Minnesota non - profit corporation,
and that said instrument was signed on behalf of said corporation by
authority of its governing body, and that said and
acknowledged said instrument to be the free act and deed
of said East Edina Housing Foundation.
Notary Public
-4-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 1989, before me appeared
, to me personally known, who, being by me duly sworn,
did say that he is the of Partnership Technologies
Corporation, a Minnesota corporation, the general partner of Edina Office
Limited Partnership, a general partner of The Edinborough Corporate East
Limited Partnership, a Minnesota limited partnership, and said
acknowledged said instrument to be the free act and
deed of Partnership Technologies Corporation, as the general partner of
Edina Office Limited Partnership, and as the free act and deed of Edina
Office Limited Partnership, as a general partner of The Edinborough
Corporate East Limited Partnership.
Notary Public
-5-
CONSENT
The Edina Partnership, a Minnesota general partnership, hereby
consents to and agrees to the provisions of the foregoing Amendment No. 3
(To Foundation Contract) and Amendment No. 6 (To HRA Contract).
Dated:
, 1989.
THE EDINA PARTNERSHIP
By ..
Henry Hyatt, a general partner
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of , 1989, by Henry Hyatt, a general partner of The Edina
Partnership, a Minnesota general partnership, on behalf of said
partnership.
Notary Public
-6-
CITY OF EDINA
EDINBOROUGH PARK
M E M 0
March 7, 1989
MEMO TO: Marcella Daehn
FROM: Barb Peterson
Edinborough Park
RE: MRPA Citation Award to Edinborough Park
The plaque received from the MRPA to the City of Edina for Edinborough Park
is-listed as follows:
THE MINNESOTA RECREATION AND PARK ASSOCIATION
'PRESENTS
THE 1988 CITATION AWARD FOR EXCELLENCE
IN RECREATION PARK OR LEISURE SERVICES
RECOGNIZING THE
CITY OF EDINA
FOR
EDINBOROUGH PARK
N�50TA R ECR r
\��PRK ASSO 11/1,�'L
ti
1988 M.R.P.A.
CITATION AWARD
RECIPIENTS
CITY OF EDINA _14i
"Edinborough Park" T4�� Park
Edir.borrugh Park is a two acre public park with one acre enclosed and under
glass, providing Edina's Park and Recreation Department its cultural and
recreational centerpiece. The park includes: a 255 seat amphitheatre, a
multi - purpose gym size floor, a six lane indoor lap pool overlooked by a 1/16
mile track, a demonstration ice rink 44' x 44', a children's tot lot with
the total of all these feature surrounded by a 10,000 piece Minnesota orientated
plantscape and water feature, tied together with native stoned paths and walkways.
The private development includes 392 condominium units built in seven character-
istic phases, an 18 story 201 unit senior high -rise and a 100,000 square foot
office building.
MOUNDS VIEW FtTeAn
"Pinewood School Playground"
The playground structure at Pinewood School is unique because it was designed
with the input and ideas of the children, parents and teachers. The playground
was built by the people with monies raised by the people and continues to be
maintained by the people- -truly a community proiect.
AA
v
It d 1 ; ��iY �' �'• i�f 6' +�7�'R' t' Y
.. fb.'" Fba y ...j
CITY OF OWATONNA
"Kaplan Wood"
The Kaplan Woods project consisted of developing a design plan and funding for 225
acres of natural area. In addition, additional alternative funding to the Owaton-
na Foundation's commitment had to be obtained. LAWCON /LCMR funding was sought,
and the project was rated #1 of 225 applications. They worked extensively with
Minn. Dept. of Natural Resources on de- watering, lake reclamation, fish stocking.
C "Y OF NOR`914
"Caswell Park"
Caswell Park is located in the hilltop area of North.Alankato on Howard Drive,
two blocks off Hwy. 14 and about a mile and one -half west.o.f Highway 169. The
four - diamond complex was designed and built with major tournament play in mind,
as well as league paly. Consideration and design was given to players, spec-
tators, and the media.
% A Qs +
�4
CITY OF CRYSTAL
"Arts In The Park"
Crystal's "Arts in the Park" program was designed to provide a no -cost access
to arts, culture and entertainment for the citizens of Crystal and surrounding
communities. Through special funding by the Crystal City Council, donations by
civic groups, businesses and individuals and the Musicians Performance Trust
Fund, and a grant by the Metropolitan Arts Council, quality arts and entertain-
ment were presented three or more nights per week at the Crystal P,2r.forming Arts
Center from May to September. The Crystal Performing Arts Center was also the
site of various fine arts classes and was used as rehearsal space for a number
of arts organizations including the New Hope Community Theatre and Twin Cities
Brass Quintet.
CITY OF EAGAN
"Passport To Good Health"
Tinder joint sponsorship, a small booklet
has been printed entitled "Passport to
Good Health - An Adventure in Walking"
by the Eagan Parks and Recreation De-
partment and Blue Cross & Blue Shield
of Minnesota. The booklet encourages
walking as a healthful exercise, pro-
vides walking tips and highlights trail
loops within the City Parks Trail System.
The booklet maps several different trail
links, with the terrain listed, distance
and wildlife that might be seen.
The speed at which you walk is less important than
the time you devote to It; walk as briskly as your
condition permits.
Walking involves almost no risk to your health.
Walking is not as strenuous as running, bicycling or
swimming.
You should exercise in good judgement and not try to
exceed the limits of your condition.
If you have high blood pressure, cardiovascular
problems or any medical concern, consult your physi-
cian before beginning any kind of exercise program.
Always do some warm -up exercises before walking. it
will help to increase your flexibility and strength.
!'401 ss�
°mod *"e4
re
.6
�,9
JOINT
SPONSORSHIP
The City of Eagan Parks and Recreation
Department and Blue Cross and Blue
Shield of Minnesota are cooperating to
bring you this Walking Program. The
objective is to promote walking as part of
a healthy lifestyle.
We sincerely hope you will enjoy this
informative booklet and can begin a
walking program of your own.
City of eagan Blue Cross..
parks recreation Blue Shield
department _
Information in this booklet was compiled
from publications provided by Blue
Cross /Blue Shield of Minnesota and the
Minnesota Recreation and Park
Association.
Booklet designed by Rolfe Studio
i MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 3, 1988
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
CENTENNIAL UPDATE PRESENTED. Dennis Maetzold, treasurer, reported that the
finances for the Edina Centennial are in excellent shape. The fund balance as of
August 31st was $215,000. The community has responded to the fund raising effort
and has contributed $110,000 and has pledged another $42,000 to year end.
Individuals have contributed $32,000. The best estimate is that the Centennial
will generate in excess of $200,000 to be turned over to the City for the lasting
memorial at Arneson Acres. Betty Hemstad, co- chair, reported that the major
Centennial event for August was the golf tournament held at the Edina Country Club
and the Interlachen Country Club. In September there were two events, All Edina
Fashion Show with 400/500 in attendance and the Historic Houses Tour. Kay Bach,
co- chair, said two events are scheduled for October, Edina Centennial Futures
Conference on October 8 and the EDINAMITE benefit on October 15. Member Turner
called attention to Founder's Day which is scheduled for Monday, December 12 at
City Hall. The evening will reminisce about our past and will recognize past
leaders. All members of past and present advisory boards and commissions have
been invited.
CONSENT AGENDA ITEMS ADOPTED. Motion was-made by Member Smith and seconded by
Member Turner to approve and adopt the consent agenda items as presented.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PUBLIC HEARING HELD ON PRELIMINARY PLAT FOR BERENBERG FIRST ADDITION: STAFF
DIRECTED TO PREPARE FINDINGS FOR DENIAL. Affidavits of Notice were presented by
Clerk, approved and ordered placed on file. Planner Craig Larsen presented the
request for preliminary plat approval for Berenberg First Addition, located on the
north side of Interlachen Boulevard and just west of Hollywood Road. The subject
property measures approximately 61,000 square feet in area and is developed with a
,single family dwelling. The lot area includes an NSP easement covering the
easterly 50 feet of the lot. The easement area is approximately 20,250 square
feet. The preliminary plat proposes to create one new buildable lot which would
contain approximately 46,600 square feet including the NSP easement. Excluding
the easement, the lot would contain 26,359 square feet. The lot would have 76
feet of frontage on Interlachen Boulevard including the 50 foot easement. Planner
Larsen pointed out that the proposed driveway would encroach on the easement, but
the new building pad would not encroach. The preliminary plat proposes to retain
the existing dwelling in its present location. That lot would be 118 feet wide
with 120 feet of depth and would be approximately 14,400 square feet in area. The
property is characterized by severe topography. Ground elevation falls from 940
feet near Interlachen Boulevard to 890 feet at the northerly boundary of the
property. The proposed building pad is approximately 30 feet below street grade.
Development of the new lot would require extensive cut and fill activity,
including significant retaining walls. Soil engineering would be required to
insure protection of the house and pond from retaining wall collapse or erosion of
the steep slopes. Staff recommended to the Community Development and Planning
Commission three reasons why the subdivision did not represent sound community
planning. Lot Size - The subject property is part of the Hilldale Addition. Lots
in the Hilldale Addition are quite large. A typical lot on Circle East or Circle
West is about 160 feet wide. The four lots in Hilldale Addition adjacent to,
.fronting on Interlachen Boulevard, and immediately west of the property are 125 or
130 feet in width. Lots in the proposed subdivision would be 118 and 76 feet in
width. Lots in the area are typically 160 feet in width. It appears the reason
this lot was made wider in the original plat was to account for the NSP easement
and also because of the severe topography of the lot. These physical constraints
continue to exist today as they did when the property was originally platted.
Character and Symmetry - The Comprehensive Plan states "Allow further subdivision
of developed single family lots only if neighborhood character and symmetry are
preserved." The NSP easement forces the new house to be located in the rear yard
of the existing dwelling. The new lot will appear to be a neck lot when
developed, which will have a negative impact on the existing character and
symmetry of the neighborhood, and be contrary to the Comprehensive Plan. Site
Development - The Comprehensive Plan states "Require increased minimum lot sizes
for single family and two family lots on steep slopes." The property contains
very steep slopes which require substantial alteration for the development. The
existence of these slopes seems a logical reason why the lot was platted as a
larger lot than some adjacent lots in the original Hilldale Addition. Based on
the preceding reasons staff recommended denial of the proposed subdivision. The
Planning Commission heard the subject proposal on July 6 and July 27 and concurred
with staff's reasons and recommended that the Council deny the plat. Planner
Larsen concluded his presentation with the recommendation that, if the Council
agrees, the hearing be continued to October 17 and that staff be directed to
prepare findings of fact and reasons in support of denial for further review and
final action by the Council. He advised that Gary Grandrud, 8400 Normandale
1
Boulevard, attorney representing Danny Berenberg and Mike Black, planner with J.R.
Hill & Associates, were present. For the record, it was noted that a number of
letters and petitions had been received in opposition to the proposed subdivision.
Mr. Black argued in support of the preliminary plat and stated that the property
is designated for single family residential development, that the lots in the
proposed plat exceed Zoning Ordinance requirements for lot area, width and depth.
He said that the planning has already been done to specifically design a house for
the lot that will fit the topography. He submitted that there is no symmetry in
the neighborhood, that homes are all individually designed and that the true
character is that there is no symmetry. Construction of a new home would mean
change for the area and would be an interruption to the status quo, but it does
not mean it would have a negative impact. He referred to lots along Interlachen
Boulevard that have varying lot size and width, including several neck lots that
had been approved in the past. Mr. Black also responded to comments in various
letters that had been written in objection to the proposed plat. He concluded by
asking the Council to be objective and keep an open mind when considering the
proposed plat. Mr. Grandrud also spoke in support of the Berenberg's proposal.
He reiterated that the proposed plat meets all Zoning Ordinance requirements and
that the neighborhood is not symmetrical and has very many characteristics. He
noted that the lots in the Cooper addition.are far below.the new lot that will be
created by Mr. Berenberg. He also made reference to other lots in the area which
were of varying sizes and had been approved by the City. James Van Valkenburg
introduced himself as representative of the neighbors who.are directly concerned
with the proposal. Their concerns include changing the character and symmetry of
the neighborhood, precedent for further subdivision in the area and concern for
the wetland and wild life around the pond. Also speaking in opposition to the
proposed plat were Richard Miller, 5340 Hollywood Road, Donna Scudder, 4528 Oxford
Avenue, Looell Baker, 8 Spur Road, and Tom Martinson, 4536 Oxford Avenue. Danny
Berenberg, 5400 - Interlachen Boulevard, the proponent, said that his primary
concern was the traffic safety issue on Interlachen Boulevard and that he wanted
to move his family off that roadway to keep them safe. Member Richards commented
that both staff and Planning Commission have recommended denial. Member Smith
said that he could not approve the plat based on what he has heard. Member Turner
then made a motion directing the staff and City Attorney to prepare findings and
reasons to support denial of the preliminary plat for further review and action by
the Council and to continue the hearing to October 17, 1988. She commented that
in listening to the presentations, looking at the situation and in reading all
materials presented that she was convinced that the proposal is not consistent
with the Comprehensive Plan. Further, that in particular the character and
symmetry issue and the steep topography points are relevant in this case and she
could not support the proposal. Motion was seconded by Member Richards who
commented that because the orientation for the plat is away from Interlachen
Boulevard that we must look to the neighborhood to the north and west (the
Hilldale subdivision) to measure the proposal. He suggested that if the motion
does pass that the proposed findings be circulated to the proponent or his
attorney as well as to Mr. Van Valkenburg who is representing the neighbors so
that they would all have an opportunity to comment upon the findings prior to the
meeting of October 17, 1988. Mayor Courtney then called the motion..
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
*PRELIMINARY PLAT FOR LOT 6. BLOCK 1. EDINA HIGHLANDS REFERRED TO PLANNING
COMMISSION. Notion was made by Member Smith and was seconded by Member Turner to
refer the modified preliminary plat for Lot 6, Block 1, Edina Highlands to the
Planning Commission as elected by the proponent.
Motion carried on rollcall vote, five ayes.
*HEARING DATE OF 10/17/88 SET FOR VARIOUS PLANNING MATTERS. Notion was made by
Member Smith and was seconded by Member Turner setting October 17, 1988 as hearing
date for the following planning matters:
1) Final Development Plan for Americana State Bank - Building Expansion, 5050
France Avenue South,
2) Amendment to Subdivision Ordinance Ho. 801.
Motion carried on rollcall vote, five ayes.
PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS. Affidavits of Notice were
presented by Clerk, approved and ordered placed on file. Due notice having been
given, public hearings were conducted and action taken as hereinafter recorded on
the following proposed assessments.
1. MAINTENANCE IMPROVEMENT NO. M -88
Location: 50th Street and France Avenue Business District
Engineer Fran Hoffman recalled that the public hearing on Maintenance Improvement
No. M -88 had been continued from September 19, 1988 so that all the 50th /France
business owners and tenants could be notified about parking ramp maintenance fees
that may be assessed in the future. This hearing is to assess the 1988 costs and
also to discuss other potential assessments for parking ramp maintenance. He
explained that currently the City provides a fulltime employee who works at the
50th /France area together with some parttime summer help and assistance from
t
Public Works crews from time to time. This individual provides a maintenance and
cleaning service year round, cares for trees and plantings, repairs sidewalk
tiles, etc. Annually, the City has assessed the costs for that work to the 50th
Street and France Avenue Business District. Other costs in the Public Works
budget that have not been assessed to the District in the past include streets,
parking ramps /lots, street lighting and walkway lighting and sidewalk replacement.
Engineer Hoffman explained that, in looking at the City's budget in the last
several years, the Council has asked if it should be considering changing our
policy on assessing some of the costs for the parking ramps /lots back to the
50th /France commercial area. These have been routine costs such as snow removal,
sweeping, ramp and walkway lighting, and restoration. A part of the restoration
costs have been paid from revenues obtained from sale of parking ramp stickers
(approximately $10,000 /yr). This income would continue to offset some of the
costs. Hosmer Brown, representing the 50th /France community, stated that the
business property owners as well as the businessmen are often one and the same.
He thanked the City for past cooperation and partnership in updating the
50th /France commercial area in the early '70s. When the plans were made for the
updating, which included the ramps, it was indicated that the ramps would be
publicly owned /publicly used and would maintain a public purpose in that they
would reduce street traffic by getting cars off the street. At that time the City
said the ramps would be treated like a City street and would be maintained from
street maintenance funds. The property owners at 50th /France paid their share of
the maintenance through taxes. He pointed out that times have changed since then,
there are more ramps, more parking lots, and more competition. As business
people, they want to be responsible to that but also have to keep in mind the
obligations they have as property owners, must be-careful that they do not
overload overhead and must be responsible to their tenants as well as to their
customers. Mr. Brown said they want to be fair to the Edina taxpayer so that they
do not pay for things that obviously are for the business benefit and of a private
nature'. It must be kept convenient and also kept safe. He noted two aspects to
the parking ramps at 50th /France, 1) its private use to them as businessmen and
property owners and a tremendous benefit to customers and employees, 2) public
aspect - it does keep cars off the street and it must be kept safe. That entails
lighting and policing it. He presented the following proposal: a) that the City
assume the portion of the costs pertaining to public safety, e.g. police
protection and lighting; b) the 50th /France commercial area will assume routine
cost of maintenance, snow removal, sweeping, etc. He added that the City should
use its best judgement in applying the revenues obtained from the parking
stickers. In response to Member Kelly's question as to costs, Engineer Hoffman
said the proposal, without figuring in the $10,000 sticker sales, would result in
a 1/3 -2/3 split as the lighting constitutes approximately 2/3 of the annual cost.
As to snow removal, that depends of the amount of snowfall; sweeping is done
weekly. Member Smith asked how much input the 50th /France District has had on the
level of maintenance they want and said he felt the proposal was a practical
approach. Engineer Hoffman said that staff meets occasionally with them on issues
as requested. Member Richards commented that he would like to see a breakdown of
the maintenance expenditures for the 50th /France commercial area over the past
years. Engineer Hoffman explained that there are two issues here; one is the
assessment for the 1988 expenses which should be levied and the other is whether
the City should change its policy in the future to include additional maintenance
costs in the annual assessment. No objections were heard and none had been
received prior hereto. The 1988 assessment was approved by motion of Member
Smith, seconded by Member Turner and carried unanimously. (Assessment levied by
Resolution later in Minutes.) Member Smith then made a motion that staff prepare
an analysis of past maintenance costs for the 50th/France commercial area that
have not been included in the annual assessment and that the issue of using monies
generated from the tag increment district for this purpose also be investigated.
Motion was seconded by Member Richards.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
2. ALLEY IMPROVEMENT NO. A -178
Location: - Between 3913 and 4001 West 48th Street
Engineer Hoffman presented analysis of,_.assessment showing total cost of
construction of $2,981.18 proposed to be assessed against two assessable lots at
$1,445.69 per lot against estimated assessment of $1,429.48 per lot. Assessment
to be spread over 10 years. No objections were heard and none had been received
prior hereto. Assessment approved by motion of Member Richards, seconded by
Member Turner and carried unanimously. (Assessment levied by Resolution later in
Minutes.)
3. STREET LIGHTING IMPROVEMENT NO. L -29
Location: York Avenue from West 75th Street to West 78th Street
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $57,679.68 less state aid funds of $24,746.03 for a net assessable
cost of $32,933.65. The proposed assessment is $5.00 /ft for multi - family property
and $10.00 /ft for commercial property against estimated assessment of $10.00 /ft
for multi - family property and $20.00 /ft for commercial property, proposed to be
assessed against 4,936.44 lineal-feet. Assessment to be spread over 10 years. No
objections were heard and none had been received prior hereto. Assessment
approved by motion of Member Turner, seconded by Member Smith and carried
unanimously. (Assessment levied by Resolution later in Minutes.)
4. STREET LIGHTING IMPROVEMENT NO. L -30
Location: West 76th Street from Xerxes Avenue to Edinborough Way
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $34,100.32 less state aid funds of $22,116.17 for a net assessable
cost of $11,984.15. The proposed assessment is $5.00 /ft for multi - family property
and $10.00 /ft for commercial property against estimated assessment of $10.00 /ft
for multi - family property and $20.00 /ft for commercial property proposed to be
assessed against 1,977.20 lineal feet. Assessment to be spread over 10 years. No
objections were heard and none had been received prior hereto. Assessment
approved by motion of Member Turner,.seconded by Member Smith and carried
unanimously. (Assessment levied by Resolution later in Minutes.)
5. STREET LIGHTING IMPROVEMENT NO. L -31
Location: Edinborough Way from York Avenue to West 76th Street
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $52,477.62 proposed to be assessed against 1,028,973 square feet
at $0.051 per square foot against estimated assessment of $0.085 per square foot.
Assessment to be spread over 10 years. No objections were heard and none had been
received prior hereto. Assessment approved by motion of Member Turner, seconded
by Member Smith and carried unanimously. (Assessment levied by Resolution later
in Minutes.)
6. PUBLIC WORKS GARAGE IMPROVEMENT NO. PW -88
Location: City Public Works Garage
Engineer Hoffman presented analysis of assessment showing total project cost of
$2,049.962.32 with cost allocable to the ramp of $1,555,140.02 for a total
assessable cost of $311,428.00. Assessment is proposed to be spread over 15
years. He advised that in 1987 the HRA entered into an agreement with Jerry's
Enterprises relative to the Grandview Parking Ramp /Public Work garage project.
This agreement obliged Jerry's to accept a special assessment for a portion of the
cost of the Public Works Garage. According to the agreement, the amount of this
assessment is equal to 20% of the cost of the ramp. No objections were heard and
none had been received prior hereto. Assessment approved by motion of Member
Richards was seconded by Member Smith and carried unanimously. (Assessment levied
by Resolution later in Minutes.)
Following the presentation of analysis of assessments and approval, Member Smith
introduced the following resolution and moved its adoption:
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
VARIOUS PIIBLIC IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The City has given notice of hearings as required by law on the proposed
assessment rolls for the improvements hereinafter referred to, and at such
hearings held on October 3, 1988, has considered all oral and written objections
presented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in the
office of the City Clerk for the following improvements:
Maintenance Improvement No. M -88
Alley Improvement No. A -178
Street Lighting Improvement No. L -29
Street Lighting Improvement No. L -30
Street Lighting Improvement No. L -31
Public Works Garage Improvement No. PV-88
does not exceed the local benefits conferred by said improvements upon the lot,
tract or parcel of land so assessed, and all of -said assessments are hereby
adopted and confirmed as the proper assessments on account of said respective
improvements to be spread against the benefitted lots, parcels and tracts of land
described therein.
3. The assessments shall be payable in equal annual installments, the first of
said installments, together with interest at a rate of 9.0% per annum on the
entire assessment from the date hereof to December 31, 1989, to be payable with
the general taxes for the year 1989, except that the interest rate for Public
Works Garage Improvement No. PV -88 shall be 8.3% per annum. To each subsequent
installment shall be added interest at the above.rate for one year on all then
unpaid installments. The number of such annual installments shall be as follows:
Name of Improvement Number of Installments.
MAINTENANCE IMPROVEMENT NO. M -88 1 year
ALLEY IMPROVEMENT NO. A -178 10 years
STREET LIGHTING IMPROVEMENT NO. L -29 10 years
STREET LIGHTING IMPROVEMENT NO. L -30 10 years
STREET LIGHTING IMPROVEMENT NO. L -31 - 10 years
PIIBLIC WORKS GARAGE IMPROVEMENT NO. PW -88 15 years
4. The City Clerk shall forthwith prepare and transmit to the County Auditor a
copy of this resolution and a certified duplicate of said assessments with each
then unpaid installment and interest set forth separately, to be extended on the
tax lists of the County in accordance with this resolution.
5. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the owner of any
right -of -way as required by Minnesota Statutes, Section 429.061, Subdivision 4,
and if any such assessment is not paid in a single installment, the City Treasurer
shall arrange for collection thereof in installments, as set forth in said
Section.
Motion for adoption of the resolution was seconded by Member Turner
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
PUBLIC HEARING CONDUCTED: VACATION OF WEST 76TH STREET GRANTED CONDITIONALLY.
Affidavits of Notice were presented, approved and ordered placed on file.
Engineer Hoffman explained that this request for vacation of West 76th Street is
part of the platting of the new Centennial Lakes project. A new location is being
platted for West 76th Street between Edinborough Way and France Avenue. The
existing street has all types of utilities beneath the street which must be
relocated. The City and utility companies would agree to vacate the existing
street subject to the following conditions: 1) granting of new easements and
street right of way, 2) adequate time to relocate existing utilities, and 3)
reimbursement to utility companies for relocation costs. No objections being
heard, Member Turner introduced the following resolution and moved adoption,
subject to 1) granting of new easements and street right of way, 2) adequate time
to relocate existing utilities, and 3) reimbursement to utility companies for
relocation costs:
RESOLUTION VACATING
EASEMENTS FOR STREET PURPOSES
WHEREAS, a resolution of the City Council, adopted the 12th day of September,
1988, fixed a date for a public hearing on a proposed vacation of easements for
street purposes; and
WHEREAS, two weeks' published and posted notice of said hearing was given and the
hearing was held on the 3rd day of October, 1988, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easements vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any persons, corporation, or municipality owning
or controlling electric, telephone or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the
proposed vacation, to continue maintaining the same, or to enter upon such
easement area or portion thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City_Council of the City of Edina, Hennepin
County, Minnesota, that the following described portion of West 76th Street be and
is hereby vacated effective as of October 3, 1988:
That part of West 76th Street lying east of France Avenue and west
of the westerly intersection of Edinborough Way and West 76th Street
and that the Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County Auditor,
and filed with the County Recorder in accordance with Minnesota Statutes, -
Section 412.851.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
*BIDS AWARDED FOR SANITARY SEWER IMPROVEMENT NO. SS -379 WATERMAIN IMPROVEMENT NO.
WM 365 AND STORM SEWER IMPROVEMENT NO ST S -186 (MINNESOTA DRIVE): SANITARY SEWER
IMPROVEMENT NO. SS -377 WATERMAIN IMPROVEMENT NO. WM -363 STORM SEWER IMPROVEMENT
NO ST S -185 (MALIBU DRIVE)• SANITARY SEWER IMPROVEMENT NO. SS -378 AND WATERMAIN
IMPROVEMENT NO. WM -364 (RYAN AVENUE). Motion was made by Member Smith and was
seconded by Member Turner for award of bids for Sanitary Sewer Improvement No.
SS -379, Watermain Improvement No. WM -365 and Storm Sewer Improvement No. St.S -186
(Minnesota Drive); Sanitary Sewer Improvement No. SS -377, Watermain_Improvement
No. WM -363 and Storm Sewer Improvement No. St.S. -185 (Malibu Drive); and Sanitary
Sewer Improvement No. SS -378 and Watermain Improvement No. WM -364 (Ryan Avenue) to
recommended low bidder, Annandale Contracting, Inc., at $189,559.93.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR TWO MOTOR STARTERS FOR RESERVOIR PUMPS. Motion was. made by Member Smith and was seconded by Member Turner for award of bid for two motor
starters for reservoir pumps to recommended low bidder, United Electric, at
$7,594.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR FIRE DEPARTMENT PAGERS. Motion was made by Member Smith and was
seconded by Member Turner for award of bid for Fire Department pagers to
recommended sole supplier, Motorola Communications, (seven county fire consortium
bid), at $6,552.00.
Motion carried on rollcall vote, five ayes.
FRANCE AVENUE RECONSTRUCTION /MAVELLE DRIVE /COLLINS INTERIORS PARKING DISCUSSED:
CONTINUED TO 10/17/88. Engineer Hoffman advised that Hennepin County is
reconstructing France Avenue which results in property loss and parking in front
of the Collins Interiors building, 7010 France Avenue South. The Collins building
needs about 150 parking spaces to meet City ordinance requirements. Currently,
there are only 40+ spaces on the site. The County reconstruction project would
eliminate about 15 spaces and would make the site even less usable. The County
has requested that the City look at a solution that would result in no loss of
parking for the Collins Interiors site. The proposal would be to vacate a portion
of the north side of Mavelle Drive to develop parking along the south side of the
Collins building, while preserving two lanes (one in each direction) on Mavelle
for vehicles. Staff believes that this would be a reasonable solution. It would
result in leaving Mavelle Drive open as a public street and would provide some
relief to the Collins site in terms of replacement parking. Engineer Hoffman said
staff would recommend holding a public hearing to consider vacating a portion of
the north side of Mavelle Drive and the closing of the curb cuts on France Avenue
as a safety measure. Member Smith said he would be concerned about vehicles
backing out into the street, and also said that possibly the City should consider
a different use for the Collins site. Member Richards commented that if the
Council were to hold a public hearing that all alternatives should be considered
including vacating all of Mavelle Drive. Member Kelly asked for traffic counts on
Mavelle Drive. It was informally agreed to continue this matter to October 17,
1988 so that more information on alternatives could be brought to the Council. No
formal action was taken.
CRAIG LARSEN APPOINTED TO JOINT POWERS GROUP (I -494 CORRIDOR COMMISSION).
Engineer Hoffman advised that per the approved Joint Powers Agreement the Council
must designate two persons and an alternate to serve on the Joint Powers group
known as the I -494 Corridor Commission. Currently, the I -494 Project Management
Team from the City consists of Member Turner and Fran Hoffman. The I -494 Project
Management Team (PMT) oversees all the other activity groups, e.g. Joint Powers
Organization, Travel Management Organization (TMO) and the EIS for I -494 Selection
Committee. Staff would recommend that Craig Larsen be appointed as the staff
member to the Joint Powers Organization. Member Turner stated that she was
willing to continue as the Council representative on the PMT until the end of the
year and that after the City election the Council explore who is able and willing
to be the elected representative on the PMT. Motion was made by Member Kelly and
was seconded by Member Smith to appoint Planner Craig Larsen to serve on the Joint
Powers Organization of the I -494 Corridor Commission.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PURCHASE OF 10 RADON TESTING KITS APPROVED. Manager Rosland recalled that at the
meeting of September 19, 1988, the Council had referred the Health Department's
request for purchase of radon test kits to the Edina Community Health Services
Advisory Committee for recommendation. Sanitarian Dave Velde reported that the
Committee at their meeting of September 22, 1988 had recommended approval of the
$250.00 appropriation for ten radon test kits to be used to sample radon levels in
ten Edina homes for the purpose of determining the range of radon levels in the
community. Lotion of Member Turner was seconded by Member Smith to approve the
purchase of 10 radon test kits at a total cost of $250.00.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PARK BOARD MINUTES OF SEPTEMBER 13, 1988 DISCUSSED. Manager Rosland recalled that
at the last meeting the Council had been concerned about several issues reflected
in the Edina Park Board Minutes of September.13, 1988. Braemar Golf Association -
Member Richards explained that he was concerned about the request of the newly
formed Braemar Golf Association that the Edina Park Board appoint a representative
to the Association. He said he felt that could be interpreted as the Council
giving the Association some kind of approval via the Park Board rather than the
Council itself addressing any issues or policies regarding Braemar Golf Course
that would affect the community as a whole. He added that Braemar is a public
facility and it is not theirs to make policy on or deal with as they see it, but
rather to come to the Council to make the ultimate decisions as to how that
facility is run. He observed that if the Golf Association has any issue that it
should go to the Park Board to make its pitch and then the Park Board would make
its recommendations to the Council for final decision as it relates to the
facility. Park Director Kojetin responded that the Golf Association had indicated
that they would address all their issues to the Park Board who would then carry
them on to the Council. Member Smith said he shared the concerns of Member
Richards and that by "accepting" and taking an official vote that the Park Board
endorses the Braemar Golf Association. He said if it had been a recommendation of
the Park Board then the Council could have debated it. Member Kelly said that,
because she did not know how the other athletic associations were established, she
looked at the association as the one body that the other groups, e.g. Senior
Men's, Women's League, Nine Hole, etc., could report to. Then the association
could bring their issues to the Park Board so that the Park Board would have one
body to deal with regarding golf. If that would be the case she saw no problem
with it. She added that she did not think anyone from the Park Board should be a
representative and that it should be dealt with as any of the other athletic
associations. Manager Rosland explained that the athletic associations basically
set themselves up and that staff has served as liaison to help them promote their
programs. All issues are brought to the Park Board for recommendations to the
Council. He suggested that they be advised that there is no formal political
acceptance of the Association but that they exist like the other athletic
associations to bring their concerns to the Park Board for recommendation to the
Council. He said he would draft a letter, for the Council to approve, to the
Braemar Golf Association communicating this. Dekhockey Proposal for Lewis Park
Member Richards said he would like to promote full use of the City's parks but
that he was bothered by the concept of private enterprise coming in and saying
they would like to use a facility during the off season and he questioned whether
renting to private enterprises is a good policy. Park Director Kojetin said that
there have been requests to rent City facilities for a period of time and that
this is basically a policy issue. Member Turner asked about the status of the
roller blade program. Mr. Kojetin said that program has not developed even though
asphalt was put in Lewis Park for a possible roller blade program. In response to
Member Richards, Mr. Kojetin said the dekhockey would not start until March.
Member Richards said he would like to see the Park Board address some kind of
policy regarding the leasing of City facilities to the private sector and bring a
recommendation to the Council so that an answer could be given to the dekhockey
people by January. Mr. Kojetin said that this was a concern of the.Park Board and
that they would like to get some direction on the issue of leasing facilities.
Member Richards made a motion to continue the matter of the lease for dekhockey at
Lewis Park to the meeting of January 12, 1989, and to refer to the Park Board the
issue of adopting a policy statement regarding the leasing of public facilities to
the private sector and to submit their recommendation by the last meeting in
December. Motion was seconded by Member Turner.
Ayes: Kelly, Richard, Smith, Turner, Courtney
Motion carried.
1989 Fees & Charges - Manager Rosland noted that the Park Board approved the 1989
Fees and Charges as presented with the following exceptions: 1) that the resident
family season ticket at the Arena be $55.00 and the resident individual season
ticket be $35.00, and 2) that the resident family season pass at the pool be
$46.00 and the resident individual season pass be $30.00. Member Turner suggested
this be discussed with the agenda item approving the 1989 Budget later in the
meeting. Member Richards said that it would be helpful to have in front of the
Council the current financial figures so that the Council would know exactly what
they were doing by not adopting the recommended fees and charges.
EDINAMITE SILENT AUCTION PARTY DISCUSSED. Member Turner said that the Council
has been contacted by the Centennial leadership regarding the Council's continuing
contribution of a party to the EDINAMITE silent auction on October 15, 1988. She
suggested that the winter party at Braemar may have run its course and that this
be discussed by the three Council Members who will be active in 1989. Member
Smith said that this should be decided as the silent auction committee would like
to include the Council party in their publicity for EDINAMITE. He also said that
he felt something new is in order. Member Richards commented that through the
years the Council's party has been the major fund raiser for EDINAMITE and that he
would support its continuation. He suggested that the Council put on some kind of
affair sometime prior to October 15, 1989 for a minimum bid of $2,000 and that the
format be decided by the new Council. Member Kelly said she would be willing to
work on something scaled down, possibly for 12 to 20 people. Member Smith offered
the suggestion of a dinner that could be made into a fun night for 20 people at
$100 each and that the dinner value be approximately $20 with the remainder
considered a contribution to The Edina Foundation. After considerable discussion,
Member Smith made a motion that the Council commit to a party at Edinborough Park
for up to 100 people for a minimum bid of $2,000 with a surprise format. Motion
was seconded by Member Richards.
Ayes: Smith, Richards
Nays: None
Abstained: Kelly
AMM REQUEST FOR FUNDING FOR PROPERTY TAX COMPUTER ANALYSIS FOR 1989 APPROVED.
Manager Rosland explained that the Association of Metropolitan Municipalities
(AMM) and the Municipal Legislative Commission (MLC) have been working with the
League of Minnesota Cities (LMC) Coordinating Committee in discussing property tax
computer analysis for 1989. The LMC has committed to developing computer analysis
capability for the 1990 legislative session but a transition year is necessary to
be able to react and participate knowledgeably in the 1989 session. The
Coordinating Committee has been negotiating with the Coalition of Greater
Minnesota Cities for development of a property tax reform proposal for 1989, a key
element of which, will be retention of the principles of a homestead credit. This
effort will cost approximately $185,000 for computer data update and proposal
development. To raise this amount the cities are being asked to make
contributions. The suburbs share of funding has been targeted between $35- 50,000
which will be raised voluntarily. Edina, along with other larger metropolitan
suburbs, is being asked to contribute $2,000 to this effort. Manager Rosland said
he would recommend that, if the board of the LMC also recommends participation,
that the City contribute to this effort. Member Kelly made a motion that the City
contribute its share of $2,000 to the ANN for the property tax computer analysis
proposal. Motion was seconded by Member Turner.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
DATE OF NOVEMBER 15 SET FOR COUNCIL /LEGISLATORS BREAKFAST.. Manager Rosland
recommended that the Council meet soon with our legislators and other elected
officials regarding issues that will be before the 1989 Legislature. It was
generally agreed to set November 15, at 7:30 a.m. as the date for the
Council /Legislators Breakfast Meeting. Member Richards suggested that items for a
tentative agenda be given to the Manager for inclusion in the next Council packet.
1988 SOLID WASTE MANAGEMENT AGREEMENT WITH HENNEPIN COUNTY APPROVED. Motion was
made by Member Smith and seconded by Member Turner to adopt the following
resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
approves the Solid Waste Management Agreement with Hennepin County (Contract No.
80170) to provide partial funding (60 %) for Edina's recycling program;
BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor
and Manager to execute the Agreement on behalf of the City.
Motion carried on rollcall vote, five ayes.
POSSIBILITY OF APPLYING FOR GRANT MONEY FOR NON -POINT SOURCE POLLUTION DISCUSSED.
Member Richards observed that he had recently seen some material relating to the
issue of non -point source pollution as it relates to public waters and the
possibility for a partnership program or grant through the Minnesota Pollution
Control Agency. He suggested that staff investigate this with the thought that
maybe the City could qualify for some moneys in cooperation with the Nine Mile
Creek Watershed District.
RESIDENT'S CONCERN REGARDING MEMORIAL GARDEN AT ST. STEPHENS CHURCH NOTED. Member
Richards referred to a letter he had received from Sue and Greg Walling, 5015
Wooddale Lane, expressing their concern regarding the plans of St. Stephens Church
for a memorial garden which would allow for the internment of ashes following
cremation. Planner Larsen said that no permit is required under the Zoning
Ordinance and that St. Stephens Church had obtained a permit from the Minnehaha
Creek Watershed District. Manager Rosland said that staff would research the
matter further and bring back information to the Council.
RESPONSE TO LETTER FROM DR. BYRON ARMSTRONG NOTED. Manager Rosland referred to a
draft letter in response to Dr. Byron Armstrong's letter dated September 14, 1988
which raised several issues affecting his property. He noted that Dr. Armstrong
has'been given a copy of the staff report on the Erhardt request for rezoning and
subdivision and also, that regarding his rights concerning the development by
Folke Victorsen of the property adjoining his, that this is a civil matter which
must be pursued through private remedies available through the courts.
(Member Kelly left the meeting at this point.)
RESOLUTION ADOPTED RELATING TO $10,175,000 GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1988• AWARDING THE SALE FIXING FORM AND DETAILS, PROVIDING FOR EXECUTION
AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented affidavits
showing publication of the Notice of Bond Sale for the $10,175,000 General
Obligation Tax Increment Bonds, Series 1988 of the City in a legal newspaper
having general circulation in the City, and in a daily or weekly periodical
published in a Minnesota city of the first class, which circulates throughout the
state and furnishes financial news as a part of its service, as required by law
and as directed by a resolution of the Council adopted September 19, 1988. The
affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the City Clerk.
The City Manager reported that six sealed bids for the $10,175,000 General
Obligation Tax Increment Bonds, Series 1988 had been.received,prior_ to the time
designated in the Notice of Bond Sale for the opening of bids. Pursuant to the
Notice of Bond Sale and the Terms and Conditions of Sale the bids have been
opened, read and tabulated, and the terms of each have been determined to be as
follows:
Bidder . Coupons Price NIC NIR
FBS CAPITAL MARKETS GROUP 6.40 -1995 $10,047,812.50 $12,065,025.00
DAIN BOSWORTH INC 6.50 -1996 7.2684%
NORWEST INVESTMENT SERVICES 6.60 -1997
PIPER, JAFFRAY & HOPWOOD, INC. 6.70 -1998
THE NORTHERN TRUST COMPANY OF 6.80 -1999
CHICAGO 6.90 -2000
ALLISON - WILLIAMS CO. 7.00 -2001
AMERICAN NATIONAL BANK ST. PAUL 7.05 -2002
CRONIN & CO., INC. 7.10 -2003
MILLER SECURITIES INC.
7.15 -2004
MILLER & SCHROEDER FINANCIAL,
7.20 -2005
INC.
7.25- 2006/07
SMITH BARNEY, HARRIS UPHAM
7.30 - 2008/09
& CO. INC.
6.80 -1999
Robert W. Baird
6.90 -2000
Craig - Hallum
7.00- 2001/02
Dougherty, Dawkins, Strand
7.10- 2003/04.
& Yost
7.20- 2005, .
John G. Kinnard &-Co.
7.25 -2006
Marquette Bank Minneapolis
7.30 -2007
Moore, Juran & Co. Inc.
7.35 -2008
M.H. Novick & Co., Inc.
7.40 -2009
Park Investment Corporation
6.70- 1995/97 $9,986,519.75
Summit Investment
6.80 -1998
SHEARSON LEHMAN HUTTON, INC. 6.50 -1995 $9,991,313.66
PRUDENTIAL BACHE CAPITAL 6.60 -1996
FUNDING 6.70 -1997
DEAN WITTER REYNOLDS INC. 6.80 -1998
DREXEL BURNHAM LAMBERT 6.90 -1999
GOLDMAN, SACHS & CO. 7.00 -2000
Rodman & Renshaw, Inc. 7.10 -2001
7.20 -2002
7.25- 2003/07
7.30- 2008/09
MERRILL LYNCH CAPITAL MARKETS
6.40 -1995 $9,985,531.33
6.50 -1996
6.60 -1997
6.70 -1998
6.80 -1999
6.90 -2000
7.00- 2001/02
7.10- 2003/04.
7.20- 2005, .
7.25 -2006
7.30 -2007
7.35 -2008
7.40 -2009
MANUFACTURER'S HANOVER
6.70- 1995/97 $9,986,519.75
SECURITIES CORP.
6.80 -1998
MARINE MIDLAND BANK, N.A.
6.90 -1999
Irving Trust Company
7.00 -2000
State Street Bank and Trust
7.10 -2001
First Charlotte Corporation
7.20- 2002/03
7.30- 2004/06
7.375- 2007/09
GRIFFIN, KUBIK, STEPHENS
6.50 -1995 $9,994,855.50
& THOMPSON, INC.
6.60 -1996
BLUNT ELLIS & LOEWI, INC.
6.70 -1997
CLAYTON BROWN AND ASSOCIATES,
6.80 -1998
INC.
6.90 -1999
7.00 -2000
7.10 -2001
7.20 -2002
7.30- 2003/04
7.375- 2005/09
HARRIS TRUST AND SAVINGS BANK
6.50 -1995 $9,985.032.75
MERRILL LYNCH CAPITAL MARKETS
6.60 -1996
JOHN NUVEEN & CO. INCORPORATED
6.70 -1997
BEAR, STEARNS & CO., INC.
6.80 -1998
Bank of Oklahoma, N.A.
6.90 -1999
Mercantile Bank N.A.
7.00 -2000
Hutchinson,.Shockey, Erley
7.10 -2001
& Co.
7.20 -2002
Juran & Moody, Inc.
7.30 -2003
Stern Brothers & Co.
7.40 -2004
Blair (William) & Company
7.45- 2005/09
Van Kampen Merritt Inc.
Illinois Company, Inc.
$12,182,278.01
7.3390%
$12,183,135.34
7.3396%
$12,286,690.67
7.4019%
$12,303,509.08
7.4121%
$12,413,571.42
7.478%
Member Richards introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $10,175,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1988;
AWARDING THE SALE, FIXING THE FORM AND DETAILS,
PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows:
Section 1. Authorization and Sale.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes, Section
469.178 and Minnesota Statutes, Chapter 475, the City Council of the City has
authorized the issuance and sale of its General Obligation Tax Increment Bonds,
Series 1988 (the Bonds) in the principal amount of $10,175,000 for the purpose of
providing funds for the payment of the public redevelopment costs needed for a
redevelopment project (the Project), to be undertaken in accordance with the
Southeast Edina Redevelopment Plan (the Plan), previously established by the
Housing and Redevelopment Authority in and for the City of Edina (the Authority)
and approved by the City. $190,000 of the principal amount of the Bonds
represents interest as provided in Minnesota Statutes, Section 475.56. The
Authority has established two tax increment financing districts in the area
subject to the Plan, which districts have been designated by Hennepin County as
No. 1201 and No. 1203 (the Districts).
1.02 Sale of Bonds. Notice of the sale of the Bonds was duly published as
required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond
Sale and the Terms and Conditions of Sale, six sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids
have been opened and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of FBS Capital Markets
Group, of Minneapolis, Minnesota and associates (the Purchaser), to purchase the
Bonds at a price of $10,047.812.50, plus accrued interest from the date of the
Bonds to the date of delivery thereof, the Bonds to bear interest at the rates set
forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the
City Manager are hereby authorized and directed to execute a contract on the part
of the City for the sale of the Bonds with the Purchaser. The good faith checks
of the unsuccessful bidders shall be returned forthwith.
1.03. Performance of Requirements. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the valid issuance of the
Bonds having been done, existing, having happened and having been performed, it is
now necessary for this Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
1.04. Maturities. Pursuant to Minnesota Statutes, Section 475.54, subdivision
17, this Council hereby estimates that the tax increments from the Districts
pledged herein to the payment of the Bonds are sufficient to pay when due the
principal of and interest on the Bonds.
Section 2. Form of Bonds.
2.01. Bond Form. The Bonds shall be prepared in substantially the following
form:
(Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION TAX INCREMENT BOND
SERIES 1988
No.
Date of
Rate Maturity Original Issue CUSIP
October 1, 1988
REGISTERED
OWNER
PRINCIPAL
AMOUNT
-
SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified
above, on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified
above, payable on February 1 and August 1 in each year,
commencing August 1, 1989, to the person in whose name this
Bond is registered at the close of business on the 15th day
(whether or not a business day) of the immediately preceding
month, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before
maturity. The interest hereon and, upon presentation and
surrender hereof at the principal office of the Bond Registrar
hereafter designated, the principal hereof, are payable in
lawful money of the.United States of America by check or draft
of First Trust National Association, in St. Paul, Minnesota, as
Bond Registrar, Transfer Agent and Paying Agent (the Bond
Registrar), or its successor designated under the Resolution
described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Edina, Hennepin
County,. State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
Dated:
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
By
Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $10,175,000 (the "Bonds "), issued pursuant
to a resolution adopted by the City Council on October 3, 1988
(the "Resolution ") to pay the capital and administrative costs
of a redevelopment project to be undertaken in accordance with
the Southeast Edina Redevelopment Plan (the "Redevelopment
Plan ") of the Housing and Redevelopment Authority of Edina,
Minnesota (the "Authority "), which Redevelopment Plan covers
certain property located in the City. The Bond is issued
pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Section 469.178 and
Chapter 475. The Bonds are payable primarily from tax
increments to be derived from two tax increments financing
districts established by the Authority in the area subject to
the Redevelopment Plan (the "Districts ") which have been
pledged to the payment of the Bonds by the Resolution. In
addition, for the full and prompt payment of the principal and
interest on the Bonds as the same become due, the full faith,
credit and taxing power of the City have been and are
irrevocably pledged. The Bonds are issuable only.as fully
registered bonds, in denominations of $5,000 or any multiple
thereof, of single maturities.
Bonds maturing in the years 1995 through 1998 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the _years 1999 through 2009 are each subject to redemption
and prepayment, at the option of the City in whole or in part,
and if in part, in inverse order of maturities and in $5,000
principal amounts selected by lot, within any maturity, on
February 1, 1998 and on any interest payment date thereafter,
at a price equal to the principal amount thereof to be redeemed
plus interest accrued to the date of redemption. At least
thirty days prior to the date set for redemption of any Bond,
notice of the call for redemption will be published in a daily
or weekly periodical, published in a Minnesota city of the
first class or its metropolitan area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the
remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing.upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in
regular and due form as so required; that prior to the issuance
hereof, the City has pledged and appropriated tax increments to
be derived by the City from the Districts to a sinking fund
established for the payment of the Bonds; that, if necessary
for the payment of principal and interest on the Bonds, ad
valorem taxes are required to be levied upon all taxable
property in the City, which levy is not limited as to rate or
amount; and that the issuance of.this Bond does not cause the
indebtedness of the City to exceed any constitutional or
statutory limitation.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM —= as tenants UNIF GIFT MIN ACT..... Custodian.....
in common (Gust) (Minor)
TEN ENT -- as tenants
by the entireties
under Uniform Gifts to
JT.TEN -- as joint tenants Minors
with right of
survivorship and Act...... .............
not as tenants in (State)
common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within Bond in every
particular,- without alteration
or any change whatsoever.
Signature(s) must be guaranteed
by a commercial bank or trust
company or by a brokerage firm
having a membership in one of
the major stock exchanges.
2.01. Form of Certificate. A certificate in substantially the following form
shall appear on the reverse side of each Bond, following a copy of the text of the
legal opinion Bond Counsel:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of the Bonds of the City of Edina which
includes the within Bond, dated as of the date of delivery of and payment for the
Bonds.
(Facsimile signature) (Facsimile signature)
City Manager Mayor
Section 3. Bond Terms, Execution and Delivery.
3.01. Maturities Interest Rates Denominations, Payment, and Dating of Bonds.
The City shall forthwith issue and deliver the Bonds, which shall be denominated
"General Obligation Tax Increment Bonds, Series 1988." The Bonds shall be
issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on February 1 in the years and amounts set forth below, and Bonds
maturing in such years and amounts shall bear interest from date of issue until
paid or duly called for redemption at the rates per annum shown opposite such
years and amounts as follows:
Year Amount Rate Year Amount Rate
1995 $250,000 6.40% 2003 $625,000 7.10%
1996 75,000 6.50 2004 700,000 7.15
1997 175,000 6.60 2005 750,000 7.20
1998 250,000 6.70 2006 825,000 7.25
1999 325,000 6.80 2007 1,325,000 7.25
2000 425,000 6.90 2008 1,650,000 7.30
2001 475,000 7.00 2009 1,800,000 7.30
2002 525,000 7.05
The bonds shall be issuable only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described therein. Each Bond shall be
dated as of its date of initial authentication.
3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February
1 and August l in each year, commencing August 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate
principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day
of the month preceding each interest payment date and until such interest payment
date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owners or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improver or unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of
a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints First Trust
National Association, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with
First Trust National Association, as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The
City reserves the right to remove any Registrar upon thirty (30) days, notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the bond register to the successor Registrar. On or
before each principal or interest due date, without further order of this Council,
the City Finance Director shall transmit to the Registrar from the Bond Fund,
moneys sufficient for the payment of all principal and interest then due.
3.05 Redemption. Bonds maturing in the years 1995 through 1998 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 1999
through 2009 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on February 1, 1988 and on any interest payment date thereafter at a price equal
to the principal amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for redemption of any
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnishes financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure. Upon the partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. 'When the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale theretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase price.
Section 4: Security Provisions.
4.01. Construction Fund. A Construction Fund is hereby created, as a special
fund and designated on the books of the City as the "1988 Tax Exempt Tax Increment
Bonds Construction Fund" (the Construction Fund), to be held and administered by
the City Finance Director separate and apart from all other funds of the City.
The City hereby appropriates to the Construction Fund all of the proceeds received
from the sale of the Bonds, less the amount to be deposited in the Bond Fund,
pursuant to Section 4.02 hereof. Moneys on hand in the Construction Fund from
time to time shall be used solely to pay capital and administrative costs of the
Authority and the City in connection with the Project as set forth in the Plan.
Any amounts remaining in the Construction Fund upon completion of the Project and
payment of all of the costs thereof shall be transferred to the Bond Fund or used
to pay capital and administrative costs of the Authority and the City in
connection with any other redevelopment project undertaken pursuant to the Plan.
4.02. Bond Fund. A Bond Fund is hereby created, as a special fund and designated
on the books of the City as the 1988 Tax Exempt Tax Increment Bonds Bond Fund (the
"Bond Fund "), to be held and administered by the City Finance Director separate
and apart from all other funds of the City. The principal of and interest on the
Bonds to be issued at the same time as the Bonds to pay a portion of the costs of
the Project shall be payable from the Bond Fund. So long as any of the Bonds or
any additional bonds issued pursuant to Section 4.04 hereof and made payable from
the Bond Fund, are outstanding and any principal thereof or interest thereon
unpaid, the City Finance Director shall maintain the Bond Fund, as a separate and
special account to be used for the payment of the principal of, premium, if any,
and interest on the Bonds, and on all other general obligation bonds now or
hereafter issued by the City and made payable therefrom, to finance costs incurred
by the City in accordance with the Plan in aid of the Project and any other
redevelopment project to be undertaken in accordance with the Plan. The City
hereby irrevocably appropriates to the Bond Fund (a) the accrued interest on the
Bonds and any amount in excess of $9,985,000 bid for the Bonds and received from
the Purchaser upon delivery of the Bonds, (b) the tax increments derived from the
District designated by Hennepin County as No. 1203 received by the City from the
Authority to pay the Bonds, (c) tax increment derived by the District designated
by Hennepin County as No. 1201 which are appropriated by the City to the Bond Fund
from the Bond Fund established by the City in connection with -its General
Obligation Bonds, Series 1981 pursuant to Section 4.04 of a resolution adopted by
the City Council on October 5, 1981 (the 1981 Bond Resolution), and (d) any other
moneys appropriated or pledged by the terms of this Resolution to the Bond Fund.
The City expressly reserves the right to use amounts in the Bond Fund (other than
the amounts initially deposited therein upon the issuance of the Bonds).to finance
or pay directly costs paid or incurred by the City pursuant to the Plan in
connection with the Project and any other projects to be undertaken in accordance
with the Plan.
4.03. Full Faith and Credit Pledged. The full faith and credit and taxing power
of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds. It is estimated that the
tax increment from the Districts and other funds herein pledged for the payment of
the Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2. If the money on hand in the
Bond Fund should at any time be insufficient to pay principal and interest due on
all bonds payable therefrom, such amounts shall be paid from any other fund of the
City and such other fund shall be reimbursed therefor when sufficient moneys are
available in the Bond Fund. If on October 1 in any year the sum of the balance in
the Bond Fund plus the amount of tax increment to be derived from the District is
not sufficient to pay when due all principal and interest to become due on all
bonds payable therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.03, a direct,
irrepealable, ad valorem tax shall be levied on all taxable property within the
corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of this Resolution.
4.04. Additional Bonds. The City reserves the right to issue additional bonds
payable from the Bond Fund and tax increments to be derived from the Districts as
may be required to finance costs of the Project not financed hereby or to finance
costs of other projects to be undertaken in accordance with the Redevelopment
Plan.
4.05. Additional Bonds Under 1981 Bond Resolution. Since the Bonds will be
payable in part from tax increment derived from the District designated by
Hennepin County as No. 1201, the Bonds constitute "additional bonds" payable from
the Bond Fund established by the 1981 Bond Resolution and are authorized to be
issued by Section 4.07 of the 1981 Bond Resolution.
4.06. Execution of Documents. The Mayor and City Manager are hereby authorized
to execute and deliver on behalf of the City such documents as may be appropriate
to evidence the pledge and appropriation of the tax increments from Districts by
the Authority to the City to pay the Bonds.
Section 5. Defeasance. When any Bond has been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the
holders of such Bonds shall cease, and such Bonds shall no longer be deemed to be
outstanding under this Resolution. The City may discharge its obligations with
respect to any Bond thereto which are due on any date by depositing with the
paying agent on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the paying agent a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may
also discharge its obligations with respect to any prepayable Bond according to
its terms, by depositing with the paying agent on or before that date an amount
equal to the principal, interest and redemption premium, if any, which are then
due, provided that notice of such redemption has been duly given as provided
herein. The City may also at any time discharge its obligations with respect to
any Bonds, subject to the provisions of law now or hereafter authorizing and
regulating such action, by depositing irrevocably in escrow, with a bank qualified
by law as an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such times and
at such rates and maturing on such dates as shall be required to pay all
principal, interest and redemption premiums to become due thereon to maturity or
said redemption date.
Section 6. County Auditor Registration. Certification of Proceedings. Investment
of Moneys Arbitrage Designation of Bonds as Qualified Tag Exempt Obligations and
Official Statement.
6.01. County Auditor Registration. The City Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been entered on his bond register as required by law.
6.02. Certification of Proceedings. The officers of the City and the County
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the purchaser of the Bonds and to Dorsey b Whitney, Bond Counsel,
certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts
recited therein.
6.03. Tax Covenant. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become subject to taxation under
the Code and the Regulations. The City will cause to be filed with the Secretary
of Treasury an information reporting statement in the form and at the time
prescribed by the Code.
6.04. Arbitrage Certification. The Mayor and the City Manager, being the
officers of the City charged with the responsibility for issuing the Bonds
pursuant to this resolution, are authorized and directed to execute and deliver to
the purchaser thereof a certificate in accordance with the provisions of Section
148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.104 -15 of the Regulations,
stating the facts, estimates and circumstances in existence on the date of issue
and delivery of the Bonds which make it reasonable to expect that the proceeds of
the Bonds will not be used in a manner that would cause the Bonds to be arbitrage
bonds within the meaning of the Code and Regulations.
6.05. Compliance With Rebate Requirement. The City will not use the proceeds of
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Regulations; to this end,
the City shall:
(i) maintain records identifying all "gross proceeds" (as defined in Section
148(f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage profit;
(ii) make, or cause to be made as of the anniversary date of the issuance of
the Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the Rebate Amount);
(iii) pay, or cause to be paid, to the United States at least once every five
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment which shall be made no later than 60 days after the
day on which the Bonds are paid in full; and
(iv) retain all records of the annual determination of the foregoing amounts
until six (6) years after the Bonds have been fully paid.
In order to comply with the foregoing requirements; the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds and shall deposit such
Rebate Amount in a separate account and shall separately account for the earnings
from the investment of the Rebate Amount. In the event the foregoing requirements
conflict with the requirements of the Regulations promulgated under Section 148(f)
of the Code, the requirements of such Regulations shall be controlling.
6.06. Official Statement. The Official Statement, dated as of September 21,
1988, relating to the Bonds prepared and distributed by Public Financial Systems,
Inc., the financial consultant for the City, is hereby approved, and the officers
of the City are authorized in connection with the delivery of the Bonds to sign
such certificates as may be necessary with respect to the completeness and
accuracy of the Official Statement.
ATTEST:
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
Member Turner, and upon vote being taken thereon, the following voted in favor
thereof:
Richards, Smith, Turner, Courtney
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Clerk.
RESOLUTION ADOPTED RELATING TO $5,100,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT
BONDS SERIES 1988• AWARDING SALE, FIXING FORM AND DETAILS AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented
affidavits showing publication of the Notice-of Bond Sale of $5,100,000 General
Obligation Taxable Increment Bonds, Series 1988 of the City in a legal newspaper
having general circulation in the City, and in a daily or weekly periodical
published in a Minnesota city of the first class, which circulates throughout the
state and furnishes financial news as a part of its service, as required by law
and as directed by a resolution of the City Council adopted September 19, 1988.
The affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475.and directed to be filed in the office of the City Clerk.
The City Manager reported that four sealed bids.for the $5,100,000 General
Obligation Taxable Tax Increment Bonds, Series 1988 had been received prior to the
time designated in the Notice of Bond Sale for the opening of bids. Pursuant to
the Notice of Bond Sale and Terms and Conditions of Sale the bids have been
opened, read and tabulated and the terms of each have been determined to be as
follows:
Bidder Coupons Price NIC NIR
MILLER SECURITIES INC.
9.20 -1995 $5,023,500.00 $8,061,587.50
NORTHERN TRUST COMPANY
9.25 -1996 9.6981%
Smith Barney, Harris
9.30 -1997
Upham & Co. Inc.
9.35- 1998/99
Dougherty, Dawkins,
9.40- 2000/01
Strand & Yost
9.45- 2002/03
M.H. Novick & Co., Inc.
9.50 -2004
9.55 -2005
9.60 -2006
9.65 -2007
9.70 -2008
9.75 -2009
THE FIRST BOSTON CORPORATION 9.10 -1995 $5,008,475.75 $8,080,224.25
9.25 -1996 9.7205%
9.30- 1997/98
9.40- 1999/00
9.50- 2001/02
9.60- 2003/07-
9.70- 2008/09
GRIFFIN, KUBIK, STEPHENS & 9.20 -1995 $5,018,776.00 $8,261,507.33
THOMPSON, INC. 9.30 -1996 9.9386%
BLUNT ELLIS & LOEWI, INC 9.40 -1997
CLAYTON BROWN AND ASSOCIATES, 9.50 -1998
INC. 9.60- 1999/00
9.70 -2001
9.75 -2002
9.80- 2003/04
9.90/2005/09
MBANK CAPITAL MARKETS 9.40 - 1995/96 $5,005,000.00 $8,337,516.67
9.50 - 1997/99 10.0301%
9.60 -2000
9.70 -2001
9.80- 2002/03
9.90- 2004/05
10:000- 2006/09
Member Turner introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $5,100,000 GENERAL
OBLIGATION TAXABLE TAX INCREMENT BONDS,
SERIES 1988; AWARDING THE SALE, FIXING THE FORM
AND DETAILS AND PROVIDING FOR THE EXECUTION
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows:
Section 1. Recitals: Authorization.and Sale of Bonds.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes, Section
469.178 and Minnesota Statutes, Chapter 475, the City Council of the City has
authorized the issuance and sale of its General Obligation .Tax Increment Taxable
Bonds, Series 1988 (the Bonds) in the principal amount of $5,100,000 for the
purpose of providing funds for the payment of the public redevelopment costs
needed for a redevelopment project (the Project), to be undertaken in accordance
with the Southeast Edina Redevelopment Plan (the Plan), previously established by
the Housing and Redevelopment Authority in and for the City of Edina (the
Authority) and approved by the City. $95,000 of the principal amount of the Bonds
represents interest as provided in Minnesota Statutes, Section 475.56. The
Authority has established two tax increment financing districts in the area
subject to the Plan, which districts have been designated by Hennepin County as
No. 1201 and No. 1203 (the Districts).
1.02. Sale of Bonds. Notice of the sale of the Bonds was duly published as
required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond
Sale and the Terms and Conditions of Sale, four sealed bids for the purchase of
the Bonds were received at or before the time specified for receipt of bids. The
bids have been opened and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of Miller Securities
Inc., of Minneapolis, Minnesota, and associates (the Purchaser), to purchase the
Bonds at a price of $5,023,500, plus accrued interest from the date of the Bonds
to the date of delivery thereof, the Bonds to bear interest at the rates set forth
in Section 3.01. The proposal is hereby accepted, and the Mayor and the City
Manager are hereby authorized and directed to execute a contract on the part of
the City for the sale of the Bonds with the Purchaser. The good faith checks of
the unsuccessful bidders shall be returned forthwith.
1.03. Performance of Requirements. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the valid issuance of the
Bonds having been done, existing, having happened and having been performed, it is
now necessary for this Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
1.04. Maturities. Pursuant to Minnesota Statutes, Section 475.54, subdivision
17, this Council hereby estimates that the tax increment from the Districts
pledged herein to the payment of the Bonds are sufficient to pay when due the
principal of and interest on the Bonds.
Section 2. Form of Bonds.
2.01. Bond Form. The Bonds shall be prepared in substantially the following
form:
[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION TAXABLE TAX INCREMENT BOND
SERIES 1988
No.
Date of
Rate Maturity Original Issue CUSIP
October 1, 1988
REGISTERED OWNER:
PRINCIPAL AMOUNT:
SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified
above, on the maturity date specified above, with interest
thereon from the date of original issue specified above, or the
most recent interest payment date to which interest has been
paid or duly provided for, at the annual rate specified above.
Interest hereon is payable on February 1 and August 1 in each
year, commencing August 1, 1989, to the person in whose name
this Bond is registered at the close of business on the -15th
day (whether or not a business day) of the immediately
preceding month, all subject to the provisions referred to
herein with respect to the redemption of the principal of this
Bond before maturity. The interest hereon and, upon
presentation and surrender hereof at the principal office of
the Bond Registrar here' -ter designated, the principal hereof,
are payable in lawful money of the United States of America by
check or draft of First Trust National Association, in
St. Paul, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the Bond Registrar), or its successor designated
under the Resolution described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall-for all purposes
have the same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Edina, Hennepin
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
(Facsimile Seal)
Date of Authentication:
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
By
Authorized Representative.
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount-of $5,100,000 (the "Bonds "), issued pursuant
to a resolution adopted by the City Council on October 3, 1988
(the "Resolution ") to pay the capital and administrative costs
of a redevelopment project to be undertaken in accordance with
the Southeast Edina Redevelopment Plan (the "Redevelopment
Plan ") of the Housing and Redevelopment Authority of Edina,
Minnesota (the "Authority "), which Redevelopment Plan covers
certain property located in the City. This Bond is issued
pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
enabling, including Mi ^nesota Statutes, Section 469.178 and
Chapter 475. The Bonds are payable primarily from tax
increments to be derived by the City from two tax increment
financing districts established by the Authority in the area
subject to the Redevelopment Plan (the "Districts ") which have
been pledged to the payment of the Bonds by.the Resolution. In
addition, for the full and prompt payment of the principal and
interest on the Bonds as the same become due, the full faith,
credit and taxing power of the City have been and are
irrevocably pledged. The Bonds are issuable only as fully
registered bonds, in denominations of $5,000 or any multiple
thereof, of single maturities.
Bonds maturing in the years 1995 through 1998 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1999 and later years are each subject to
redemption and prepayment, at the option of the City and in
whole or in part, and if in part, in inverse order of
maturities and in $5,000 principal amounts selected by lot
within a maturity, on February 1, 1998 and on any interest
payment date thereafter, at a price equal to the principal
amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for
redemption of any Bond, notice of the call for redemption will
be published in a daily or weekly periodical, published in a
Minnesota city of the first class or its metropolitan area,
which circulates throughout the state and furnishes financial
news as a part of its service, and will be mailed to the Bond
Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no
defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of
any Bond. Upon partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge,
representing the remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in
regular and due form as so required; that prior to the issuance
hereof, the City has pledged and appropriated tax increments to
be derived by the City from the Districts to a sinking fund
established for the payment of the Bonds; that, if necessary
for the payment of the principal and interest on the Bonds, the
City is required by law to levy ad valorem taxes upon all
taxable property within the City without limitation as to rate
or amount; and that the issuance of this Bond does not cause
the indebtedness of the City to exceed any constitutional or
statutory limitation.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian.....
in common (Gust) (Minor)
TEN ENT -- as tenants
by the entireties
under Uniform Gifts to
JT TEN -- as joint tenants Minors
with. right of
survivorship and Act ......................
not as tenants in (State)
common
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signatures to this
assignment must correspond with
the name as it appears upon the
face of the within Bond in every
particular, without alteration
or any change whatsoever.
Signature(s) must be guaranteed
by a commercial bank or trust
company or by a brokerage firm
having a membership in one of
the major stock exchanges.
2.02. Form of Certificate. A certificate in substantially the following form
shall appear on the reverse side of each Bond, following a copy of the text of the
legal opinion of Bond Counsel:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of Bonds of the City of Edina which includes
the within Bond, dated as of the date of delivery of and payment for the Bonds.
(Facsimile signature) (Facsimile signature)]
City Manager Mayor
Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities Interest Rates Denominations, Payment. Dating of Bonds. The
City shall forthwith issue and deliver the Bonds, which shall be denominated
"General Obligation Taxable Tax Increment Bonds, Series 1988." The Bonds shall be
dated initially as of October 1, 1988, shall be issuable in the denomination of
$5,000 or any integral multiple thereof, shall mature on February 1 in the years
and amounts set forth below, and Bonds maturing in such years and amounts shall
bear interest from October 1, 1988 until paid or duly called for redemption at the
rates per annum shown opposite such years and amounts as follows:
Year Amount Rate Year Amount Rate
1995 $125,000 9.20% 2003 $300,000 9.45%
1996 50,000 9.25 2004 350,000 9.50
1997 100,000 9.30 2005 375,000 9.55
1998 125,000 9.35 2006 450,000 9.60
1999 150,000 9.35 2007 650,000 9.65
2000 225,000 9.40 2008 825,000 9.70
2001 225,000 9.40 2009 900,000 9.75
2002 250,000 9.45
The bonds shall be issuable only in fully registered form, of single maturities.
The interest thereon and, upon surrender of a Bond at the principal office of the
Registrar described here, the principal mount thereof, shall be payable by check
or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of
the date of its authentication.
3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February
1 and August 1 in each year, commencing August 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate
principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day
of the month preceding each interest payment date and until such interest payment
date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bonds register as the
absolute owner of such Bond,- whether such .Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal of and interest
on such Bond and for all other purposes, and all such payments so made to any such
registered owner or upon the owner's order shall be valid and effectual to satisfy
and discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) .Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of
a Bond, lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its
terms, it.shall not be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
3.04 Avvointment of Initial Registrar. The City hereby appoints.First Trust
National Association, of St. Paul, Ninnesota, as the initial Registrar. The Mayor
and the City Manager are authorized to execute and deliver, on behalf of the City,
a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized
to act as successor Registrar. The City agrees to pay the reasonable and
customary charges of the Registrar for the services performed. The City reserves
the right to remove any Registrar upon thirty (30) days, notice.and upon the
appointment of a successor Registrar_, in which event the predecessor Registrar
shall deliver all cash and Bonds in its possession to the successor Registrar and
shall deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City
Manager shall transmit to the Registrar from the bond Fund, as hereinafter
defined, money sufficient for the payment of all principal and interest then due
on the Bonds.
3.05. Redemption. Bonds maturing in the.years 1995 through 1998 are payable on
their respective stated maturity dates without option of prior payment, but Bonds
maturing in 1999 and later years are each subject to redemption, at the option of
the City and in whole or in part, and if in part, in inverse order of maturities
and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, on February 2, 1998 and on any interest payment date thereafter at a price
equal to the principal amount thereof to be redeemed plus accrued interest to the
date of redemption. At least thirty days prior to the date set for redemption of
any Bond, the City shall cause notice of the call for redemption to be published
in a daily or weekly periodical published in a Minnesota city of the first class
or its metropolitan area, which circulates throughout the state and furnishes
financial news as a part of its service, and to be mailed to the Registrar and to
the registered owner or each Bond to be redeemed, but no defect in or failure to
give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Upon the
partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with.the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this Resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this Resolution. When the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the Purchaser upon payment of the purchase price in accordance with the contract
of sale heretofore made and executed, and the Purchaser shall not be obligated to
see to the application of the purchase price.
Section 4. Security Provisions.
4.01. Construction Fund. A Construction Fund is hereby created, as a special
fund and designated on the books of the City as the ^1988 Taxable Tag Increment
Bonds Construction Fund" (the Construction Fund), to be held and administered by
the City Finance Director - Treasurer separate and apart from all other funds of the
City. The City hereby appropriates to the Construction Fund all of the proceeds
received from the sale of the Bonds, less the amount to be deposited in the Bond
Fund, pursuant to Section 4.02 hereof. Moneys on hand in the Construction Fund
from time to time shall be used solely to pay capital and administrative costs of
the Authority and the City in connection with the Project as set forth in the
Plan. Any amounts remaining in the Construction Fund upon completion or
termination of the Project and payment of all of the costs thereof shall be
transferred to the Bond Fund or used to pay capital and administrative costs of
the Authority and the City in connection with any other development project
undertaken pursuant to the Plan.
4.02. Bond Fund. A Bond Fund is hereby created, as a special fund and designated on the books of the City as the 1988 Taxable Tag Increment Bonds Bond Fund (the
Bond Fund), to be held and administered by the City Finance Director separate and
apart from all other funds of the City. The principal of and interest on the
Bonds to be issued at the same time as the Bonds to pay a portion of the costs of
the Project shall be payable from the Bond Fund. So long as any of the Bonds or
any additional bonds issued pursuant to Section 4.04 hereof and made payable from
the Bond Fund, are outstanding and any principal thereof or interest thereon
unpaid, the City Finance Director shall maintain the Bond Fund, as a separate and
special account to be used for the payment of the principal of, premium, if any,
and interest on the Bonds, and on all other general obligation bonds now or
hereafter issued by the City and made payable therefrom, to finance costs incurred
by the City in accordance with the Plan in aid of the Project and any other
redevelopment project to be undertaken in accordance with the Plan. The City
hereby irrevocably appropriates to the Bond Fund (a) the accrued interest on the
Bonds and any amount in excess of $5,005,000 bid for the Bonds and received from
the Purchaser upon delivery of the Bonds, (b) the tax increments derived from the
District designated by Hennepin County as No. 1203 received by the City from the
Authority to pay the Bonds, (c) tax increment derived by the District designated
by Hennepin County as No. 1201 received by the City from the Authority which are
appropriated by the City to the Bond Fund from the Bond Fund established by the
City in connection with its General Obligation Bonds, Series 1981 pursuant to
Section 4.04 of a resolution adopted by the City Council on October 5, 1981 (the
1981 Bond Resolution), and (d) any other moneys appropriated or pledged by the
terms of this Resolution to the Bond Fund. The City expressly reserves the right
to use amounts in the Bond Fund (other than the amounts initially deposited
therein upon the issuance of the Bonds) to finance or pay directly costs paid or
incurred by the City pursuant to the Plan in connection with the Project and any
other projects to be undertaken in accordance with the Plan.
4.03. Full Faith and Credit Pledged. The full faith and credit and taxing power
of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds. It is estimated that the
tax increment from the Districts and other funds herein pledged for the payment of
the Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2. If the money on hand in the
Bond Fund should at any time be insufficient to pay principal and interest due on
all bonds payable therefrom, such amounts shall be paid from any other fund of the
City and such other fund shall be reimbursed therefor when sufficient moneys are
available in the Bond Fund. If on October 1 in any year the sum of the balance in
the Bond Fund plus the amount of tax increment to be derived from the District is
not sufficient to pay when due all principal and interest to become due on all
bonds payable therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.03, a direct,
irrepealable, ad valorem tax shall be levied on all taxable property within the
corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of this Resolution.
4.04. Additional Bonds. The City reserves the right to issue additional bonds
payable from the Bond Fund and tax increments to be derived from the Districts as
may be required to finance costs of the Project not financed hereby or to finance
costs of other projects to be undertaken in accordance with the Plan.
4.05 Additional Bonds Under 1981 Bond Resolution. Since the Bonds will be
payable in part from tax increment derived from the District designated by
Hennepin County as No. 1201, the Bonds constitute "additional bonds" payable from
the Bond Fund established by the 1981 Bond Resolution and are authorized to be
issued by Section 4.07 of the 1981 Bond Resolution.
4.06. Execution of Documents. The Mayor and City Manager are hereby authorized
to execute and deliver on behalf of the City such documents as may be appropriate
to evidence the pledge and appropriation of the tax increments from the Districts
from the Authority to the City to pay the Bonds.
Section 5. Defeasance. When any Bond has been discharged as provided in this
Section 5, all pledges, covenants and other rights granted by this resolution to
the holders of such Bonds shall cease, and such Bonds shall no longer be deemed to
be outstanding under this Resolution. The City may discharge its obligations with
respect to any Bond which is due on any date by irrevocably depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full;
or, if any Bond should not be paid when due, the City may nevertheless discharge
its obligations with respect thereto by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of
such deposit. The City may also discharge its obligations with respect to any
prepayable Bond according to its terms, by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full provided that
notice of the redemption thereof has been duly given as provided in Section 3.05.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law -as an
escrow agent for this purpose, cash or securities which are authorized by law to
be so deposited, bearing interest payable at such times and at such rates and
maturing on such dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity, or if notice of
redemption as herein required has been duly provided for, to such earlier
redemption date.
Section 6. County Auditor Registration Certification of Proceedings. Ayyroval of
Official Statement Authorization of Certain Payments and Combination of
Maturities.
6.01. County Auditor Registration. The City Clerk is hereby authorized and
directed to file a certified copy of this Resolution vith the County Auditor of
Hennepin County, together vith such other information as the County Auditor shall
require, and to obtain from said County Auditor a. certificate that the Bonds have
been entered on his bond register as required by lay.
6.02. Certification of Proceedings. The officers of the City and the County
Auditor of Hennepin County are hereby authorized.and directed to prepare and
furnish to the Purchaser and to Dorsey & 'Whitney, Bond Counsel, certified copies
of all proceedings and records of the City, and such other affidavits,
certificates and information as may be required to shov the facts relating to the
legality and marketability of the Bonds as the same appear from the books and
records under their custody and control or as othervise known to them, and all
such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03. Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the City by Public
Financial Systems Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
ATTEST: Mayor
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Richards, and upon vote being taken thereon, the following voted in favor
thereof:
Richards, Smith, Turner, Courtney
and the following voted against the same: None
whereupon.the resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Clerk.
RESOLUTION ADOPTED RELATING TO $3,160,000 GENERAL OBLIGATION UTILITY REVENUE
BONDS SERIES 1988• AWARDING SALE, FIXING FORM AND DETAILS. AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented
affidavits showing publication of the Notice of Bond Sale of $3,160,000 General
Obligation Utility Revenue Bonds, Series 1988, of the City in a legal newspaper
having general circulation in the City, and in a daily or weekly periodical
published in a Minnesota city of the first class, which circulates throughout the
state and furnishes financial news as a part of its service, as required by law
and as directed by a resolution of the City Council adopted September 19, 1988.
The affidavits were.examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the City Clerk.
The City Manager reported that six sealed bids for. the $3,160,000 General
Obligation Utility Revenue Bonds, Series 1988 has been received prior to the term
designated in the Notice of Bond Sale for the opening of bids. Pursuant to the
Notice of Bond Sale and Terms and Conditions of Sale the bids have been opened,
read and tabulated, and the terms of each have been determined to be as follows:
Bidder Coupons Price NIC NIR
FBS CAPITAL MARKETS GROUP 5.90 71990 $3,128,400.00 $1,365,720.00
DAIN BOSWORTH INC 6.00-1991 6.68708
NORWEST INVESTMENT SERVICES
6.10 -1992
PIPER, JAFFRAY & HOPWOOD, INC.
6.20 -1993
THE NORTHERN TRUST COMPANY OF
6.30 -1994
CHICAGO
6.40 -1995
6.50 -1996
ALLISON - WILLIAMS CO.
6.60 -1997
AMERICAN NATIONAL BANK ST. PAUL
6.70 -1998
CRONIN & CO., INC.
6.80 -1999
MILLER SECURITIES INC.
MILLER & SCHROEDER FINANCIAL,
INC.
SMITH BARNEY, HARRIS UPHAM
& CO. INC.
Robert W. Baird
Craig - Hallum
Dougherty, Dawkins, Strand
& Yost
John G. Kinnard & Co.
Marquette Bank Minneapolis
Moore, Juran & Co. Inc.
M.H. Novick & Co., Inc.
Park Investment Corporation
Summit Investment
MERRILL LYNCH CAPITAL MARKETS
GRIFFIN, KUBIK, STEPHENS
& THOMPSON, INC.
BLUNT ELLIS & LOEWI, INC.
CLAYTON BROWN AND ASSOCIATES,
INC.
HARRIS TRUST AND SAVINGS BANK
MERRILL LYNCH CAPITAL.MARKETS
JOHN NUVEEN & CO. INCORPORATED
BEAR, STEARNS & CO., INC.
Bank of Oklahoma, N.A.
Mercantile Bank N.A.
Hutchinson, Shockey, Erley
& Co.
Juran & Moody, Inc.
Stern Brothers & Co.
Blair (William) & Company
Van Kampen Merritt Inc.
Illinois Company, Inc.
MANUFACTURER'S HANOVER
SECURITIES CORP.
MARINE MIDLAND BANK, N.A.
Irving Trust Company .
State Street Bank and Trust
First Charlotte Corporation
SHEARSON LEHMAN HUTTON, INC.
PRUDENTIAL BACHE CAPITAL
FUNDING
DEAN WITTER REYNOLDS INC.
DREXEL BURNHAM LAMBERT
GOLDMAN, SACHS & CO.
Rodman & Renshaw, Inc.
5.85 -1990
6.00 -1991
6.10 -1992
6.20 -1993
6.30 -1994
6.40 -1995
6.50 -1996
6.60 -1997
6.70 -1998
6.75 -1999
6.00 -1990
6.10 -1991
6.20 -1992
6.30 -1993
6.40 -1994
6.50 -1995
6.60 =1996
6.70 -1997
6.80 -1998
6.90 -1999
5.90 -1990
6.00 -1991
6.10 -1992
6.25 -1993
6.40 -1994
6.50 -1995
6.60 -1996
6.70 -1997
6.80 -1998
6.90 -1999
5.80 -1990
5.90 -1991
6.10 -1992
6.25 -1993
6.40 -1994
6.50 -1995
6.60 -1996
6.70 -1998
6:80 -1999
5.90 -1990
6.00 -1991
6.15 -1992
6.15 -1993
6.40 -1994
6.50 -1995
6.60 -1996
6.70 -1997
6.80 -1998
6.90 -1999
$3,122,576.05
$3,133,140.00
$3,129,032.00
$3,128,115.00
$3,125,240.00
$1,369,234.78
6.7042%
$1,381,403.33
6.7638%
$1,383,134.67
6.7723%
$1,383,241.67
6.7728%
$1,387,385.00
6.7931%
Member Turner introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $3,160,000 GENERAL
OBLIGATION WATER REVENUE BONDS, SERIES 1988;
AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING
THE FORM AND DETAILS, AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR
BE IT RESOLVED by the City Council (the Council) of the City of Edina, Hennepin
County, Minnesota (the City) as follows:
Section 1. Authorization and Sale.
1.01. Cost of Project. The City owns and operates a municipal water, sanitary
sever and storm sever utility (the Utility). This Council has heretofore ordered
construction of improvements to the Utility, (the Improvements). The present
estimated total cost of the Improvements are as follows:
Water System Improvements $1,000,000
Storm Sever Improvements 2,000,000
Capitalized Interest 83,500
Bond Issuance Costs 17,000
Bond Discount 59,500
Total $3,160,000
1.02. Authorization. To pay the costs of the Improvements this Council by a
resolution adopted on September 19, 1988 determined that it is necessary and
expedient for the City to issue and sell its General Obligation Utility Revenue
Bonds, Series 1988 (the Bonds) in the principal amount of $3,160,000 to defray a
portion of the City's share of the expense to be incurred and estimated to be
incurred by the City in constructing improvements to the City's water and storm
sewer system, including every item of costs of the kinds authorized in Minnesota
Statutes, Section 475.65. $59,500 of such amount representing interest as
provided in Minnesota Statutes, Section 475.56.
1.03. Sale of Bonds. Notice of the sale of the Bonds was duly published as
required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond
Sale and the Terms and Conditions of Sale, six sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids
have been opened and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of FBS Capital Markets
Group, of Minneapolis, Minnesota and associates (the Purchaser), to purchase the
Bonds at a price of $3,128,400, plus accrued interest from the date of the Bonds
to the date of delivery thereof, the Bonds to bear interest at the rates set forth
in Section 3.01. The proposal is hereby accepted, and the Mayor and the City
Manager are hereby authorized and directed to execute a contract on the part of
the City for the sale of the Bonds with the Purchaser. The good faith checks of
the unsuccessful bidders shall be returned forthwith.
1.04. Issuance of Bonds. The City is authorized by Minnesota Statutes, Section
444.075 to issue and sell the Bonds to pay the costs of the Improvements, and to
pledge to the payment of the Bonds net revenues to be derived from charges for the
service, use and availability of the Utility. The City has no obligations
outstanding which constitute a lien upon any part of the revenue of the Utility.
All acts, conditions and things which are required by the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed
precedent to and in the valid issuance of the Bonds having been done, existing,,
having happened and having been performed, it is now necessary for this Council to
establish the form and terms of the Bonds, to provide security therefore and to
issue the Bonds forthwith.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the,
following form:
(Face of the Bonds]
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1,
1989, to the person in whose name this Bond is registered at
the close of business on the 15th day (whether or not a
business day) of the immediately preceding month, all subject
to the provisions referred to herein with respect to the
redemption of the principal of this Bond before maturity. The
interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United
States of America by check or draft of First Trust National
Association in St. Paul, Minnesota, as Bond Registrar, Transfer
Agent and Paying Agent (the Bond Registrar), or its successor
designated under the Resolution described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the.same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
UNITED STATES
OF AMERICA
STATE OF MINNESOTA
COUNTY OF
HENNEPIN
CITY OF
EDINA
GENERAL
OBLIGATION UTILITY
REVENUE BOND,
SERIES 1988
Date
of
Rate
Maturity.
Original
Issue CUSIP
October
1, 1988
REGISTERED
SEE REVERSE FOR
OWNER:
CERTAIN
DEFINITIONS
PRINCIPAL
DOLLARS
AMOUNT:
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1,
1989, to the person in whose name this Bond is registered at
the close of business on the 15th day (whether or not a
business day) of the immediately preceding month, all subject
to the provisions referred to herein with respect to the
redemption of the principal of this Bond before maturity. The
interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United
States of America by check or draft of First Trust National
Association in St. Paul, Minnesota, as Bond Registrar, Transfer
Agent and Paying Agent (the Bond Registrar), or its successor
designated under the Resolution described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the.same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Edina, Hennepin
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
Date of Authentication:
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FRIST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
By
Authorized Representative
(Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $3,160,000 (the Bonds), all of like date
and tenor except as to serial number, interest rate, redemption
privilege and maturity date issued pursuant to a resolution
adopted by the City Council on October 3, 1988 (the Resolution)
to finance construction of improvements to the water and storm
sewer system in the City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of
the State of Minnesota thereunto enabling, including Minnesota
Statutes, Section 444.075 and Chapter 475. The Bonds are
issueable only as fully registered bonds, in denominations of
$5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in the years 1990 through 1994 are
payable on their respective stated maturity dates without
option of -prior payment, but Bonds having stated maturity dates
in the years 1995 through 1999 are each subject to redemption
and prepayment, at the option of the City and in whole or in
part, and if in part, in inverse order of maturities and in
$5,000 principal amounts selected by lot within any maturity,
on February 1, 1994 and on any interest payment date
thereafter, at a price equal to the principal amount thereof to
be redeemed plus interest accrued to the date of redemption.
At least thirty days prior to the date set for redemption of
any Bond, notice of the call for redemption will be published
in a daily or weekly periodical, published in a Minnesota city
of the first class or its metropolitan.area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond. Upon the
partial redemption of any Bond, a new Bond or Bonds will be.
delivered to the registered owner without charge, representing
the remaining. principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts,-conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond, have been done, do exist, have happened
and have been performed in regular and due form, time and
manner as so required; that in and by the Resolution, the City
has covenanted and agreed with the holders of the Bonds that it
will impose and collect charges for the service, use and
availability of its water, sanitary sewer and storm sewer
utility at the times and in amounts required to produce 'net
revenues adequate, to pay all principal of and interest on the
Bonds and on all other bonds payable from net revenues of the
water, sanitary sewer and storm sewer utility as such principal
and interest respectively become due; that, if needed to pay
such principal and interest, ad valorem taxes will be levied
upon all taxable property in the City,.without limitation as to
rate or amount; and that this Bond, together with all other
indebtedness of the City outstanding on the date hereof; and on
the date of its actual issuance and delivery, does not exceed
any constitutional or statutory limitation of indebtedness.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws.or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian.....
in common (Cust) (Minor)
TEN ENT -- as tenants
by the entireties
under Uniform Gifts to
JT TEN -- as joint tenants Minors
with right of
survivorship and Act ..................
not as tenants in (State)
common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
OF ASSIGNEE: assignment must correspond with
the name as it appears upon the
face of the within Bond in every
particular, without alteration
or any change whatsoever.
Signature(s) must be guaranteed by a commercial bank
or trust company or by a brokerage firm having a membership in
one of the major stock exchanges.
Section 3. Bond Terms. Execution and Delivers►.
3.01. Maturities Interest Rates, Denominations. Payment. The City shall
forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Utility Revenue Bonds, Series 1988 ". The Bonds shall be issueable in
the denomination of $5,000 each or any integral multiple thereof, shall mature on
February 1 in the years and amounts set forth below, and Bonds maturing in such
years and amounts shall bear interest from.date of issue until paid or duly called
for redemption at the rates per annum shown opposite such years and amounts as
follows:
Year Amount Rate Year Amount Rate
1990 $170,000 5.90% 1995 $320,000 6.40%
1991 250,000 6.00 1996 350,000 6.50
1992 275,000 6.10 1997 375,000 6.60
1993 300,000 6.20 1998 395,000 6.70
1994 300,000 6.30 1999 425,000 6.80
The Bonds shall be issueable only in fully 'registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described herein. Each Bond shall be
dated by the Registrar as of the date of its authentication.
3.02. Dates: Interest Payment Dates. Interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing August 1, 1989, to the owner of
record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights.and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improver or unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of-the reasonable
expenses and charges for the Registrar in connection therewith; and, in the case
of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. A_yyointment of Initial Registrar. The City hereby appoints First Trust
National Association, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with
First Trust National Association, as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business such corporation shall be
authorized to act as successor Registrar. The City agrees to pay the reasonable
and customary charges of the Registrar for the services performed. The City
reserves the right to remove any Registrar upon thirty (30) days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar
shall deliver all cash and Bonds in its possession to the successor Registrar and
shall deliver the bond- register-to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City
Manager shall transmit to the Registrar, moneys sufficient for the payment of all
principal and interest then due pursuant to Section 4.01 hereof.
3.05. Redemption. Bonds maturing in the years 1990 through 1994 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 1995
through 1999 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on February 1, 1994 and on any interest payment date thereafter at a price equal
to the principal amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for redemption of any
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnished financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. When the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. 1988 Utility Improvement Construction Fund. There is hereby created a
special fund to be designated as the "1988 Utility.Improvement Construction Fund"
(the Construction Fund), to be held and administered by the City Finance Director
separate and apart from all other funds of the City. The City appropriates to the
Construction Fund the proceeds of the sale of the Bonds, less the amount required
by Section 4.02 hereof to be deposited in the Bond Fund therein created. The
Construction Fund shall be used solely to defray expenses of the construction of
the Improvements. Upon completion and payment of all costs of the construction of
Improvements, any balance of the proceeds of Bonds remaining in the Construction
Fund shall be credited and paid to the Bond Fund..
4.02. 1988 Utility Improvement Bond Fund. So long as any of the Bonds are
outstanding and any principal thereof or interest thereon unpaid, the City Finance
Director shall maintain a separate and special 1988 Utility Improvement Bond Fund
(the Bond Fund) to be used for no purpose other than the payment of the principal
of and interest on the Bonds and any additional obligations of the City payable
therefrom pursuant to Section 4.03 hereof. If the balance in the Bond Fund is
ever insufficient to pay all principal and interest then due on bonds payable
therefrom, the City Finance Director shall nevertheless provide sufficient money
from any other funds of the City which are available for that purpose, and,such
other funds shall be reimbursed from subsequent receipts of net revenues of the
System appropriated to the Bond Fund and, if necessary, from the proceeds of the
taxes levied for the Bond Fund. The City hereby appropriates to the Bond Fund (a)
$83,000 of the proceeds of the Bonds representing capitalized interest and (b) the
accrued interest on the Bonds and any amount in excess of $3,100,500 bid for the
Bonds and received from the Purchaser upon delivery of the Bonds. The City
Finance Director shall deposit in the Bond Fund the proceeds of all taxes levied
and all other money which may at any time be received for or appropriated to the
payment of such bonds and interest, including the net revenues of the Utility
herein pledged and appropriated to the Bond Fund, all collections of any ad
valorem taxes levied for the payment of the Bonds, and all other moneys received
for or appropriated to the payment of the Bonds and interest thereon.
4.03. Imposition of Charges: Additional Bonds., The City hereby covenants and
agrees with the holders from time to time of the Bonds that so long as any of the
Bonds are outstanding, the City will impose and collect reasonable charges for the
service, use and availability of the Utility to the City and its inhabitants
according to schedules calculated to produce net revenues which, will be
sufficient to pay all principal and interest when due on the Bonds, and said net
revenues, to the extent necessary, are hereby irrevocably pledged and appropriated
to the payment of the Bonds and interest thereon; provided that nothing herein
shall preclude the City from hereafter making further pledges and appropriations
of net revenues of the Utility for the payment of additional obligations of, the
City hereafter authorized if the City Council determines before the authorization
of such additional obligations that the estimated net revenues of the Utility will
be sufficient, together with any other sources pledged to or projected to be used,
for the payment of the principal of and interest on the Bonds and such additional
obligations. Such further pledges and appropriations of said net revenues may be
made superior or subordinate to or on a parity with the pledge and appropriation
herein made, as to the application of net revenues received from time to time.
4.04. Full Faith and Credit Pledged; Tax Levy. The full faith and credit of the
City shall be and are hereby irrevocably pledged for the prompt and full payment
of the principal of and interest on the Bonds and any other obligations payable
from the Bond Fund, as such principal and interest comes due, and the City
covenants and agrees that it will make good any deficiency in the Bond Fund from
the general fund of the City. On or before October 1 of each year, beginning in
the year 1989, the City Finance Director will calculate the total amount of cash
on hand in the Bond Fund and the available net revenues of the Utility on hand and
estimated to be received on or before the first day of January next following and
the proceeds of the ad valorem tax levy to be received on or before the first day
of January next following, and shall determine the sufficiency of such total
amount for the payment of principal of and interest on the Bonds coming due on or
prior such first day of January. If such total amount is determined to be
insufficient for such payment, this Council shall forthwith appropriate to the
Bond Fund sufficient available moneys of the City to make good the insufficiency,
and if available moneys of the City are not on hand in amounts sufficient for this
purpose, this Council shall forthwith levy and certify to the Hennepin County
Auditor for collection in the following year a tax at least five percent (5 %) in
excess of the amounts adequate to make good the insufficiency. The City Finance
Director shall also at the same time estimate the amount which -will be on hand in
the Bond Fund after payment of principal and interest payable on the Bonds on or
prior the first day of January next following, and the amount of net revenues of
the Utility and the proceeds of the ad valorem tax levy to be received in the
period of 12 months beginning on the first day of January next following and shall
determine the sufficiency of such estimated amounts for the payment of the
principal of and interest on the Bonds coming due during and immediately at the
end of such 12 -month period. If such amount is determined to be insufficient for
such payment, this Council shall forthwith cause to be levied and certified to the
Hennepin County Auditor for collection in the following year a tax at least five
percent (5 %) in excess of amounts adequate to make good the insufficiency.
Section 5. Defeasance. When all of the Bonds have been discharged as provided in
this Section 5, all pledges, covenants and other rights granted by this resolution
to the holders of the Bonds shall cease. The'City may discharge its obligations
with respect to any Bonds which are due on any date by irrevocably depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may
also at any time discharge.its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent
for this purpose, cash or securities which are general obligations of the United
States or securities of United States agencies which are authorized by law to be
so deposited, bearing interest payable at such time and at such rates and maturing
on such dates as shall be required without reinvestment, to pay all principal and
interest to become due thereon to maturity.
Section 6. County Auditor Registration Certification of Proceedings. Investment
of Moneys Arbitrage and Official Statement.
6.01. County Auditor Registration. The City Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been entered on his bond register as required by law.
6.02. Certification of Proceedings. The officers of the City and the County
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the purchaser of the Bonds and to Dorsey & Whitney, Bond Counsel,
certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts
recited therein.
6.03. Covenants. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), as such are enacted or promulgated and in effect on the date of
issue of the Bonds, and covenants to':take any and all actions within its powers to
ensure that the interest on the Bonds will not become subject to taxation under
the Code and the Regulations.
6.04. Arbitrage Certification. The Mayor and City Manager, being the officers of
the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the purchaser
thereof a certificate in accordance with the provisions of Section 148 of the
Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of the Regulations, stating the
facts, estimates and circumstances in existence on the date of issue and delivery
of the Bonds which make it reasonable to expect that the proceeds of the Bonds
will not be used in a manner that would cause the Bonds to be arbitrage bonds
within the meaning of the Code and Regulations.
6.05. Compliance with Rebate Requirement. The City will not use the proceeds of
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Treasury Regulations; to
this end, the City shall:
(i) maintain records identifying all "gross proceeds" (as defined in Section
148(f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage profit;
(ii) make, or cause to be made as of the anniversary date of the issuance of the
Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the "Rebate Amount ");
(iii) pay, or cause to be paid, to the United States at least once every five
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment which shall be made no later than 60 days after the
day on which the Bonds are paid in full; and
(iv) retain all records of the annual determination of the foregoing amounts
until six (6) years after the Bonds have been fully paid.
In order to comply with the foregoing requirements, the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds, and shall deposit
such Rebate, Amount in a separate account for the earnings from the investment of
the Rebate Amount and such earnings shall become part of the Rebate Amount. In
the event the foregoing requirements conflict with the requirements of the
Regulations promulgated under Section 148(f) of the Code, the requirements of such
Regulations shall be controlling.
6.06 Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the City by Public
Financial Systems, Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Adopted by the City Council on October 3, 1988.
ATTEST:
Mayor
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Richards, and upon vote being taken thereon, the following voted in favor
thereof:
Richards, Smith, Turner, Courtney
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Clerk
RESOLUTION ADOPTED RELATING TO $2,470 000 GENERAL OBLIGATION RECREATIONAL FACILITY
BONDS SERIES 1988• AWARDING SALE, FIXING FORM AND DETAILS AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented
affidavits showing publication of the Notice of Bond Sale for the $2,470,000
General Obligation Recreational Facility Bonds, Series 1988 of the City in a legal
newspaper having general circulation in the City, and in a daily or weekly
periodical published in a Minnesota city of the first class, which circulates
throughout the state and furnishes financial news as a part of its service, as
required by law and as directed by a resolution of the Council adopted September
19, 1988. The affidavits were examined, found to comply with the provisions of
Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City
Clerk. The City Manager reported that six sealed bids for the $2,470,000 General
Obligation Recreational Facility Bonds, Series 1988 had been.received prior to the
time designated in the Notice of Bond Sale for the opening of bids. Pursuant to
Notice of Bond Sale and the Terms and Conditions of Sale the bids have been
opened, read and tabulated, and the terms of each have been determined to be as
follows:
Bidder Coupons Price NIC NIR
FBS CAPITAL MARKETS GROUP 6.10 -1992 $2,439,125.00 $2,854,143.75
DAIN BOSWORTH INC 6.20 -1993 7.2656%
NORWEST INVESTMENT SERVICES 6.30 -1994
PIPER JAFFRAY & HOPWOOD INC 6.40 -1995
THE NORTHERN TRUST COMPANY 6.50 -1996
OF CHICAGO 6.60 -1997
6.70 -1998
ALLISON - WILLIAMS CO. 6.80 -1999
AMERICAN NAT.BK. ST. PAUL 6.90 -2000
CRONIN & CO., INC.
MILLER SECURITIES INC.
MILLER & SCHROEDER
FINANCIAL, INC.
SMITH BARNEY, HARRIS UPHAM &
CO. INC.
Robert W. Baird
Craig - Hallum
Dougherty, Dawkins,
Strand & Yost
John G. Kinnard & Co.
Marquette Bank Minneapolis
Moore, Juran & Co. Inc.
M.H. Novick & Co., Inc.
Park Investment Corporation
Summit Investment
MERRILL LYNCH CAPITAL MARKETS
MANUFACTURER'S HANOVER
SECURITIES CORP.
MARINE MIDLAND BANK, N.A.
Irving Trust Company
State - Street Bank and Trust
First Charlotte Corporation
SHEARSON LEHMAN HUTTON, INC.
PRUDENTIAL BACHE CAPITAL
FUNDING
DEAN WITTER REYNOLDS INC.
DREXEL BURNHAM LAMBERT
GOLDMAN, SACHS & CO.
Rodman & Renshaw, Inc.
GRIFFIN, KUBIK, STEPHENS
& THOMPSON, INC.
BLUNT ELLIS & LOEWI, INC.
CLAYTON BROWN AND ASSOCIATES,
INC.
7.00 -2001
7.05 -2002
7.10 -2003
7.15 -2004
7.20 -2005
7.25- 2006/07
7.30- 2008/09
6.10 -1992
6.20 -1993
6.30 -1994
6.40 -1995
6.50 -1995
6.60 -1997
6.70 -1998
6.80 -1999
6.90 -2000
7.00 -2001
7.10 -.2002
7.20 -2003
8.25 -2004
7.30- 2005/09
$2,424,020.95
6.10 -1992 $2,428,021.00
6.25 -1993
6.40 -1994
6.50 -1995•
6.60 -1996
6.70 -1997
6.80 -1998
6.90 -1999
7.00 -2000
7.10 -2001
7..20 -2002
7.25 -2003
7.30- 2004/05
7.375- 2006/09
6.15 -1992
6.25 -1993
6.40 -1994
6.50 -1995
6.60 -1996
6.70 -1997
6.80 -1998
6.90 -1999
7.00 -2000
7.10 -2001
7.20 -2002
7.25 -2003
7.30 -2004
7.35 -2005
7.40- 2006/08
7.45 -2009
6.10 -1992
6.30 -1993
6.40 -1994
6.50 -1995
6.60 -1996
6.70 -1996
6.80 -1998-
6.90 -1999
7.00 -2000
A7.10- 2001
7.20 -2002
7.30- 2003/04-
7.40- 2005/09
$2,434,185.00
$1,424,218.45
$2,885,754.68
7.3460%
$1,908,071.19
7.4029%
$2,912,898.13
7.4152%
$2,923,124.05
7.4412%
HARRIS TRUST AND SAVINGS BANK
6.10 -1992 $2,428,837.75 $1,946,346.63
MERRILL LYNCH CAPITAL MARKETS
6.25 -1993 7.5004%
JOHN NUVEEN & CO. INCORPORATED
6.40 -1994
BEAR, STEARNS & CO., INC.
6.50 -1995
Bank of Oklahoma, N.A.
6.60 -1996
Mercantile Bank N.A.
6.70 -1997
Hutchinson, Shockey, Erley
6.80 -1998
& Co.
6.90 -1999
Juran & Moody, Inc.
7.00 -2000
Stern Brothers & Co.
7.10 -2001
Blair (William) & Company
7.20 -2002
Van Kampen Merritt Inc.
7.30 -2004
Illinois Company, Inc.
7.40 -2004
7.45 -2005
7.50- 2006/09
Member Richards introduced the following resolution and moved its adoption:
RESOLUTION RELATING
TO $2,470,000 GENERAL OBLIGATION
RECREATIONAL FACILITY BONDS, SERIES 1988; FIXING THE
FORM AND DETAILS,
PROVIDING FOR THE EXECUTION AND
DELIVERY THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. Recitals.
1.01. Authorization. This Council by its resolution adopted September 19, 1988,
which resolution is entitled "Resolution Relating to $2,470,000 General Obligation
Recreational Facility Bonds, Series 1988 Authorizing the Issuance and Providing
for the Public Sale Thereof," pursuant to Minnesota Laws 1961, Chapter 655 (the
Act), authorized the issuance and sale of $2,470,000 General Obligation
Recreational Facility Bonds, Series 1988 of the City (the Bonds), to be dated as
of October 1,.1988, in order to finance the acquisition and betterment of certain
improvements (the Improvements) to its municipal recreation facilities. $46,000
of the principal amount of the Bonds represents interest as provided in Minnesota
Statutes, Section 475.56. The Improvements consist of (a) an improvement to the
Municipal Golf Center of the City (the Municipal Golf Center) described in Section
4 of the Resolution adopted by this Council on November 4, 1963, entitled
"Resolution Establishing the Form and Terms and Covenants Securing the Payment of
$825,000 Golf Course Bonds of 1963" (Resolution of November 4, 1963); and (b)
improvements to the Recreation Center (the Municipal Recreation Center) of the
City described in Section 4 of the resolution adopted by this Council on August 2,
1965, entitled "Resolution Authorizing the Issuance of $450,000 Recreation Center
Bonds, Describing Their Form and Details and Covenants with Respect Thereto"
(Resolution of August 2, 1965). The Bonds are to be payable primarily out of the
net revenues to be derived from the operation of the Municipal Golf Center, the
Recreation, Center and the Municipal Liquor Dispensary established by Ordinance No.
131 (the Municipal Liquor Dispensary).
1.02. Outstanding Bonds. There is currently payable out of net revenues to be
derived from the Municipal Golf Center and the Municipal Liquor Dispensary the
General Obligation Golf Course Bonds, Series 1985 of the City, dated as of
September 1, 1985 (the Golf Course Bonds). The Golf-Course Bonds are hereinafter
referred to as the Outstanding Bonds. The payment of principal of and interest on
the Bonds shall be subordinate to the first lien and charge thereon, including a
reserve, of the Golf Course Bonds on the net revenues of the Municipal Golf Center
and the net revenues of the Municipal Liquor Dispensary.
1.03. Findings. It is hereby found, determined and declared that net revenues
derived from the operation of the Municipal Golf Center, the Municipal Recreation
Center and the Municipal Liquor Dispensary, in excess of the costs of operation
and maintenance thereof in the fiscal year which ended December 31, 1987, were in
excess of $410,000, which amount exceeds the maximum amount of principal and
interest to become due in any future fiscal year on all of the Outstanding Bonds
and on the Bonds herein authorized. By Section 4.02 hereof the sum of $252,061
from the net revenues derived from the operation of the Municipal Golf Center
and /or Municipal Liquor Dispensary is appropriated and credited to a separate
subaccount in the Bond Account, created pursuant to Section 4.02 hereof, which
amount exceeds the average annual amount of principal and interest to become due
on the Bonds. The City is therefore authorized by the Act to secure the Bonds by
the covenants and agreements hereinafter set forth. In accordance with the Act
the Bonds may be issued by resolution of this Council. All acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to the issuance of and sale of
the Bonds to provide moneys to pay for the Improvements have been done, do exist,
have happened and have been performed in due form, time and manner as so required.
1.04. Sale. Notice of sale of the Bonds was duly published as required by
Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the
Terms and Conditions of Sale, six sealed bids for the purchase of the Bonds were
received at or before the time specified for receipt of bids. The bids have been
opened and publicly read and considered, and the purchase price, interest rates
and net interest cost under the terms of each bid have been determined. The most
favorable proposal received is that of FBS Capital Markets Group of Minneapoli.r',
Minnesota and associates (the Purchaser), to purchase the Bonds at a price of
$2,439,125 plus accrued interest from the date of the Bonds to the date of
delivery thereof, the Bonds to bear interest at the rates set forth in Section
3.01. The proposal is hereby accepted, and the Mayor and City Manager are hereby
authorized and directed to execute a contract on the part of the City for the sale
of the Bonds with the Purchaser. The good faith checks of the unsuccessful
bidders shall be returned forthwith.
1.05. Issuance of Bonds. All acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen
and to be performed prior to the issuance of the Bonds have been'done, do exist,
have happened, and have been performed, wherefore it is now necessary for this
Council to establish the form and terms of the Bonds, to provide for the security
thereof, and to issue the Bonds forthwith.
1.06. Maturities. Pursuant to Minnesota Statutes, Section 475.54, subdivision
17, this Council estimates that the net revenues of the Municipal Golf Center,
Municipal Liquor Dispensary and Municipal Recreation Center pledged herein to the
payment of the Bonds are sufficient to pay when due the principal of and interest
on the Bonds.
Section 1. Form of Bonds.
2.01. Form of Bonds. The.Bonds shall be prepared in substantially the following
form:
(Face of Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION
RECREATIONAL FACILITY BOND, SERIES 1988
Date of
Rate Maturity Original Issue CUSIP
Octobeir 1, 1988
SEE REVERSE
FOR CERTAIN
DEFINITIONS
REGISTERED
OWNER:
PRINCIPAL
AMOUNT: DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on January 1
and July 1 in each year, commencing July 1, 1989, to the person
in whose name this Bond is registered at the close of business
on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions
referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest hereon
and, upon presentation and surrender hereof, the principal
hereof, are payable in lawful money of the United States of
America by check or draft of First Trust National Association
in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the Bond Registrar), or its successor designated
under the Resolution described herein.
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit, under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Edina, Hennepin
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
Dated:
(Facsimile Signature) (Facsimile Signature)
City Manager; Mayor
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
By
Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $2,470,000 (the Bonds), all of like date
and tenor except as to serial number, interest rate, redemption
privilege and maturity date issued pursuant to a resolution
adopted on October 3, 1988 (the Resolution) for the purpose of
financing the acquisition and betterment of recreational
facilities of the City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of
the State of Minnesota thereunto enabling, including Minnesota
Laws 1961, Chapter 655, and Minnesota Statutes, Chapter 475.
This Bond is payable primarily from the net revenues of the
municipal golf center, municipal liquor dispensary and
municipal recreation center pledged to the payment of the Bonds
by the Resolution, but the City Council is required by law to
pay maturing principal hereof and interest thereon out of any
funds in the treasury if such net revenues are insufficient
therefor. The Bonds are issuable only as fully registered
bonds, in denominations of $5,000 or any integral multiple
thereof, of single maturities.
Bonds maturing in the years 1992 through 1998 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1999 through 2009 are each subject to redemption
and prepayment, at the option of the City and in whole or in
part and if in part, in inverse order of maturities and in
$5,000 principal amounts selected by lot, within any maturity,
on January 1, 1998 and on any interest payment date thereafter,
at a price equal to the principal amount thereof to be redeemed
plus interest accrued to the date of redemption. At least
thirty days prior to the date set for redemption of any Bond,
notice of the call for redemption will be published in a daily
or weekly periodical, published in a Minnesota city of the
first class or its metropolitan area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect-the validity
of proceedings for the redemption of any Bond. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the
remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar,. by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar,'duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or.governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may'deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, Eor the _
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond, have been done, do exist, have happened
and have been performed in regular and due form, time and
manner as so required; that in and by the Resolution, the City
has pledged and appropriated so much of the net revenues to be
derived from the operation of the municipal golf course,
municipal recreation center and of the municipal liquor
dispensary as shall be required to pay' the principal hereof and
interest thereon when due, provided that if such revenues
should at any time prove insufficient for these purposes the
City is required to levy ad valorem taxes upon all taxable
property within its corporate limits, without limitation as to
rate or amount, for the payment of the Bonds and interest
thereon when due; and that the issuance of this Bond does not
cause the indebtedness of the City to exceed any constitutional
or statutory limitation.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian.....
in common (Cust) (Minor)
TEN ENT -- as tenants
by the entireties
JT TEN. -- as joint tenants
with right of
survivorship and
not as tenants in
common
under Uniform Gifts to
Minors
Act.....................
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in,Che
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this
assignment must correspond with
the name as it appears upon the
face of the within Bond in every
particular, without alteration
or any change whatsoever.
Signature(s) must be guaranteed by a commercial bank
or trust company or by a brokerage firm having a membership in
one of the major stock exchanges.
2.03. Form of Certificate. A certificate in substantially the following form
shall appear on the reverse side of each Bond, following a copy of the test of the
legal opinion of Bond Counsel:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of Bonds of the City of Edina which includes
the within Bond, dated as of the date of delivery of and payment for the Bonds
(Facsimile signature) (Facsimile signature)
City Manager Mayor
Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities Interest Rates: Denominations, Payment. The City shall
forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Recreational Facility Bonds, Series 1988" and shall be payable
primarily from the Bond Account created in Section 4.02 hereof. The Bonds shall
be issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on January 1 in the years and amounts set forth below, and Bonds
maturing in such years and amounts shall bear interest from date of issue until
paid or duly called for redemption at the rates per annum shown opposite such
years and amounts as follows:
Year Amount Rate Year Amount Rate
1992 $ 25,000 6.10% 2001 $175,000 7.00%
1993 25,000 6.20 2002 200,000 7.05
1994 25,000 6.30 2003 200,000 7.10 ;
1995 25,000 6.40 2004 225,000 7.15
1996 25,000 6.50 2005 250,000 7.20.
1997 25,000 6.60 2006 270,000 7.25
1998 25,000 6.70 2007 275,000 7.25
1999 25,000 6.80 2008 325,000 7.30
2000 25,000 6.90 2009 325,000 7.30
The Bonds shall be issuable only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described herein. Each Bond shall be
dated by the'Registrar as of the date of its authentication.
3.02. Dates• Interest Payment Dates. Interest on the Bonds shall be payable, on
January 1 and July 1 in each year, commencing July 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
bond register in which the Registrar shall provide for the registration of
ownership of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or unauthorized Transfer.. When any bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such'Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with
respect to such transfer or exchange.
(h) Mutilated. Lost Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection-therewith; and, in the case of
a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints First Trust
National Association, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with
First Trust National Association, as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The
City reserves the right to remove any Registrar upon thirty (30) days' notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the bond register to the successor Registrar. On or
before each principal or interest due date, without further order of this Council,
the City Finance Director shall transmit to the Registrar from the Bond Account
(Series 1988) described in Section 4.02 hereof, moneys sufficient for the payment
of all principal and interest then due.
3.05. Redemption. Bonds maturing in the years 1992 through 1998 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 1999
through 2009 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on January 1, 1988 and on any interest payment date thereafter at a price equal to
the principal amount thereof to be redeemed plus interest accrued to the date of
redemption. At least thirty days prior to the date set for redemption of any
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnishes financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. When the Bonds have
been so executed and authenticated, they shall be delivered.by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. 1988 Recreational Facilities Construction Fund. There is hereby created a
special fund to be designated as the "1988 Recreational Facilities Bonds
Construction Fund" (the Construction Fund), to be held and administered by the
City Finance Director separate and apart from all other funds of the City. The
City appropriates to the Construction Fund the proceeds of the sale of the Bonds.
The Construction Fund shall be used solely to defray expenses of the Improvements.
Upon completion and payment of all costs of the Improvements, any balance of the
proceeds of Bonds remaining in the Construction Fund shall be credited and paid to
the Bond Account (Series 1988) described in Section 4.02 hereof.
4.02. Bond Account (Series 1988). So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the City Finance Director shall
maintain the Recreation Center Fund and the Operating Account therein in
accordance with the provisions of the Resolution of August 2, 1963. In addition,
the City Finance Director shall maintain in the Recreation Center Fund a separate
and special Bond Account (Series 1988) to be used for no other purpose other than
the payment of the principal and interest on the Bonds and on such other bonds of
the City as have been or may be directed to be paid therefrom. The City
irrevocably appropriates to the Bond Account (Series 1988) (a) the sum of $252,061
from the net revenues derived from the operation of the Municipal Golf Center
and /or Municipal Liquor Dispensary, which amount shall be credited forthwith to a
separate subaccount in the Bond Account (Series 1988) (the Reserve Subaccount) and
which amount equals the average annual amount of principal and interest to become
due on the Bonds and is required to be deposited therein pursuant to the Act (the
Reserve Requirement); (b) the accrued interest and any amount in excess of
$2,424,000 bid for the Bonds and received from the Purchaser upon delivery of the
Bonds; (c) all such other moneys which are payable to Bond Account (Series 1988)
pursuant to Section 4.03 hereof; and (d) all such other moneys as shall be
received and appropriated to Bond Account (Series 1988) from time to time.
Interest on money in the Reserve Subaccount shall be transferred from such Reserve
Subaccount into the Bond Account (Series 1988).
4.03. Pledge of Net Revenues. The Resolution of November 4, 1963 provided that
net revenues of the Municipal Golf Center could be pledged to pay bonds issued to
finance improvements to the Municipal Golf Center if the pledge of such revenues
is expressly made'subordinate to the first lien on and pledge of said revenues for
the payment of principal and interest due and the maintenance of the reserve
securing the Bonds. The net revenues of the Municipal Golf Center are hereby
pledged for the payment of the principal and interest on the herein authorized
Bonds, subject to the lien and charge thereon for the payment of principal and
interest due, and the maintenance of a reserve, for the Outstanding Bonds. The
resolutions authorizing the issuance of the Outstanding Bonds provided that net
revenues of the Municipal Liquor Dispensary could also be pledged for the payment
of additional bonds on a parity with the lien in favor of the Outstanding Bonds,
if the net Municipal Liquor Dispensary revenues received in the fiscal year
immediately preceding the issuance of such additional bonds shall have been at
least 1 -1/4 times the maximum amount or principal and interest to become due in
any subsequent fiscal year on the Outstanding Bonds and on the additional bonds.
It is hereby found, determined and declared that the net Municipal Liquor
Dispensary revenues received in the fiscal year which ended December 31, 1987 were
insufficient to satisfy such condition, wherefore the Bonds may not be made
payable from the net Municipal Liquor Dispensary revenues on a parity with the
Outstanding Bonds as to both principal and interest without preference or priority
of one bond over any other. The net revenues of the Municipal Liquor Dispensary
are hereby pledged for the payment of the principal and interest on the Bonds
subject to the lien and charge thereon for the payment of principal and interest
due, and the maintenance of a reserve, for the Outstanding Bonds. The net
revenues of the Municipal Recreation Center are not subject to any pledges for
outstanding obligations of the City and such net revenues are hereby pledged for
the payment of the principal and interest on the Bonds. From the net revenues of
the Municipal Golf Center on hand in the Operating Account of the Golf Course Fund
and the net revenues of the Municipal Recreation Center on hand in the Operating
Account of the Recreation Center Fund, there shall be transferred to the Bond
Account (Series 1988) on each interest payment date after all transfers and
credits required to be made from the Operating Account of the Golf Course Fund for
payment of principal of and interest on the Golf Course Bonds, a sum equal to the
interest and principal, if any, to become due on such interest payment date, less
any amount on deposit therein (other than in the Reserve Subaccount) plus out of
any net revenues remaining after the above payments for principal and interest
into the Reserve Subaccount an amount equal to the amount necessary to cause the
amount therein to equal the Reserve Requirement, if any, amounts in the Reserve
Subaccount which have previously been used for the payment of any principal or
interest on the Bonds, and an amount equal to any advances from the net revenues
on hand in the Municipal Liquor Dispensary for the payment of principal and
interest on the Bonds not previously reimbursed. If the net revenues on hand in
the Operating Account of the Recreation Center Fund and Golf Course Fund in any
month are not sufficient to transfer to the Bond Account (Series 1988) the amounts
required herein for the payment of principal and interest on the Bonds and there
is not then on hand in Bond Account (Series 1988) sufficient moneys for payment of
principal and interest on the Bonds, the amount of the deficiency shall then be
advanced from the net revenues of the Municipal Liquor Dispensary then on hand
after all transfers and credits required to be made from such net revenues for
payment of principal of and interest on the Golf Course Bonds. Any amounts
transferred to Bond Account (Series 1988) in repayment of any amounts of the net
revenues of the Municipal Liquor Dispensary deposited in Bond Account (Series
1988) pursuant to Section 4.02 hereof which were used for the payment of principal
or interest on the Bonds and any amounts transferred to Bond Account (Series 1988)
in repayment of any advances from the net revenues in the Municipal Liquor
Dispensary fund for the payment of principal and interest shall be transferred to
the Municipal Liquor Dispensary fund as they are received.
4.04. Additional Bonds. The City reserves the right to issue additional bonds
payable in whole or in part from the net revenues of the Municipal Golf Center
and /or Municipal Recreation Center to finance costs of an improvement thereto, for
the acquisition, betterment, operation or maintenance of other recreational
facilities of the City, or for any other purpose for which such revenues may be
appropriated by the Council in accordance with law; provided, however, that no
additional obligations shall be issued to and made payable from the net revenues
of the Municipal Golf Center or Municipal Recreation Center unless the pledge of
such revenues for payment of such additional obligations is expressly made
subordinate to the lien and charge thereon in favor of payment of principal and
interest when due, and maintenance of reserve balances required for the
Outstanding Bonds, and the lien and charge thereon in favor of principal and
interest when due on the Bonds. Nothing herein shall prevent the future issuance
of bonds payable in whole or in part from the net revenues of the Municipal Liquor
Dispensary, whether pursuant to the Act or any other applicable law, provided that
the pledge of the net Municipal Liquor Dispensary revenues for the payment of such
bonds is expressly made subordinate to the lien on and pledge thereof for the
payment of the principal and interest and the maintenance of the agreed reserve
securing such payments on.the Bonds, unless the net Municipal Liquor Dispensary
revenues received during the fiscal year immediately preceding such issuance shall
have been not less than the maximum amount of principal and interest to become due
in any subsequent fiscal year on all outstanding bonds then payable from such net
revenues, including the additional bonds then proposed to be issued. In the event
that the net revenues received in the fiscal year preceding any such issuance have
conformed to the condition prescribed in the preceding sentence, the additional
bonds so issued may be payable from the net Municipal Liquor Dispensary revenues
on a parity with the Bonds as to both principal and interest, without preference
or priority of one bond over any other, except that if net Municipal Liquor
Dispensary revenues on hand at any time are not sufficient, with other funds then
on hand for the payment of all such bonds, to pay in full the principal and
interest then due, the balance of net Municipal Liquor Dispensary revenues then
available shall be allocated to the Bond Account (Series 1988) and to the
respective accounts established for the payment of other bonds, in proportion to
the principal amount of bonds of each issue which are then outstanding.
4.05. Tax Lew. Pursuant to the Act, the full faith, credit and taxing powers of
the City are also irrevocably pledged for the prompt and full payment of the
principal and interest on the Bonds, as such principal and interest respectively
become due. The appropriations and covenants contained in this resolution are
deemed to be sufficient to assure the payment of such principal and interest.
Accordingly, no tag is presently levied for this purpose. If at any time it
appears that the net revenues of the Municipal Golf Center; Municipal Recreation
Center and Municipal Liquor Dispensary which are pledged for the payment of the
Bonds and the net revenues of the Municipal Liquor Dispensary and /or Municipal
Golf Center deposited in Bond Account (Series 1985) pursuant to Section 4.02
hereof shall not be sufficient to pay the principal and interest on the Bonds of
the City covenants and agrees that it will levy a tag sufficient, with the net
Municipal Liquor Dispensary and /or Municipal Golf Center revenues, net Municipal
Recreation Center revenues and net Municipal Golf Center revenues then on hand in
Bond Account (Series 1988), to pay all such principal and interest, which tag
shall be levied upon all taxable property within the corporate limits of the City,
without limitation as to rate or amount.
Section 5. Defeasance. When all of the Bonds have been discharged as provided in
this section, all pledges, covenants and other rights granted by this resolution
to the holders of the Bonds shall cease. The City may discharge its obligations
with respect to any Bonds which are due on any date by depositing with the paying
agent on or before that date a sum sufficient for the payment thereof in full; or,
if any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the paying agent a sum sufficient for the payment thereof in full
with interest accrued to the date of such deposit. The City my also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank qualified by law as an escrow agent for this
purpose, cash or securities which are general obligations of the United States or
securities of United States agencies which are authorized by law to be so
deposited, bearing interest payable -at such time and at such rates and maturing on
such dates as shall be required, without reinvestment, to pay all principal and
interest to become due thereon to maturity.
Section 6. County Auditor Registration Certification of Proceedings. Investment
of Money. Arbitrage and Official Statement.
6.01. County Auditor Registration. The City Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as he shall require, and to
obtain from the County Auditor a certificate that the Bonds have been entered on
his bond register and that the tag required for the payment thereof has been
levied and filed as required by law.
6.02. Certification of Proceedings. The officers of the City and the County
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the Purchaser, and to Dorsey b Whitney, Bond Counsel, certified copies
of all proceedings and records of the City, and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds as the same appear from the books and
records under their custody and control or as otherwise known to them, and all
such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03. Covenant. The City covenants and agrees with the holders from time to time
of the Bonds that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Bonds to
become subject to taxation under the Internal Revenue Code of 1986, as amended
(the Code), and the Treasury Regulations promulgated thereunder (the Regulations),
as such are enacted or promulgated and in effect on the date of issue of the
Bonds, and covenants to take any and all actions within its powers to ensure that
the interest on the Bonds will not become subject to taxation under the Code and
the Regulations.
6.04. Arbitrage. The Mayor and City Manager, being the officers of the City
charged with the responsibility for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the Purchaser thereof a
certificate in accordance with the provisions of Section 148 of the Code, and
Treasury Regulations, Sections 1.103 -13, 1.103 -14 and 1.103 -15, stating the facts,
estimates and - ,circumstances in existence on the date of issue and delivery of the
Bonds which make it reasonable to expect that the proceeds of the Bonds will not
be used in a manner that would cause the Bonds to be arbitrage bonds within the
meaning of said Code and Regulations.
6.05. Compliance With Rebate Requirement. The City will not use the proceeds of
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Regulations; to this end,
the City shall:
(i) maintain records identifying all "gross proceeds" (as defined in Section
148(f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
�I
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage profit;
(ii) make, or cause to be made as of the anniversary date of the issuance of the
Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the Rebate Amount).
(iii) pay, or cause to be paid, to the United States at least once every five
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment which shall be made no later than 60 days after the
day on which the Bonds are paid in full; and
(iv) retain all records of the annual determination of the foregoing amounts
until six (6) years after the Bonds have been fully paid.
In order to comply with the foregoing requirements, the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds and shall deposit such
Rebate Amount in a separate account and shall separately account for the earnings
from the investment of the Rebate Amount. In the event the foregoing requirements
conflict with the requirements of the Regulations promulgated under Section 148(f)
of the Code, the requirements of such Regulations shall be controlling.
6.06 Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the City by Public
Financial Systems, Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Adopted by the City Council on October 3, 1988.
ATTEST:
Mayor
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Turner, and upon vote being taken thereon, the following voted in favor
thereof:
Richards, Smith, Turner, Courtney
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, which was attested by the City Clerk.
(Member Kelly returned to the meeting at this point.)
1989 BUDGET HEARINGS CONCLUDED: 1989 CITY BUDGET OF $12,388,608 ADOPTED. The
hearing on the proposed 1989 Budget was continued from the Budget Meeting of
September 15, 1988. In response to questions raised by the Council, Manager
Rosland presented additional information as follows. Administration /Dues and
Subscriptions - The following items comprise the dues and subscriptions line. item:
Association of Metropolitan Municipalities $6,537, Municipal Legislative
Commission $12,000, League of Minnesota Cities $14,767, League Building Assessment
$2,518, ICMA and miscellaneous dues /subscriptions $4,478, totaling $40,300. In
total, the AMM, MLC and LMC dues represent a 12% increase from 1988. Elections -
Staff would recommend that Professional Services be reduced from $10,000 to
$4,000. Legal and Court Services - The Council questioned the nominal increase in
fees for legal services. During the past two budgets, the Council has directed
staff to "hold the line" on legal fees. In anticipation of similar direction this
year a very small increase was included in the budget for legal fees. Park and
Recreation /Litter Removal - The Council questioned the substantial increase in
this item. Staff would propose additional litter pickup and removal based on the
recommendations of the Park and Recreation Task Force. Senior Center Relocation -
The Council generally agreed that funds should be provided for possible costs
related to relocating the Senior Center. Staff would suggest that the City
contingency budget be increased from $80,000 to $130,000 to fund these costs if
necessary. Manager Rosland observed that with the two adjustments the proposed
1989 Budget would be a percent increase in tax dollars of 5.6% over 1988 and the
City would be below its levy limit by $82,000. He also pointed out that the
proposed Fees and Charges for 1989 are included in the revenues projection of the
1989 Budget. Following the presentation of the additional information, the Mayor
called for public comment and hearing none the 1989 Budget hearing was considered
closed. The Council Members then individually presented their viewpoints on the
proposed 1989 Budget, indicating support or non - support for various programs and
line items. The Council also discussed proposed budget cuts which had been
suggested by individual Members and after considerable debate reached a consensus.
Member Smith thereupon introduced the following resolutions and moved adoption:
RESOLUTION RELATING TO COUNCIL SALARIES
BE IT RESOLVED by the City Council of the City of Edina, that it hereby approves
the following salaries for members of the City Council, effective.January 1, 1989:
Mayor $7,050 annually
Council Members 5,100 annually
and that the intent of this resolution is to amend Ordinance No. 124;
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to prepare and
publish an appropriate ordinance amendment as a formality to further evidence the
increase in City Council salaries but the salary increase shall be effective
pursuant to this resolution.
RESOLUTION ADOPTING BUDGET FOR THE CITY OF EDINA
FOR THE YEAR 1989, AND ESTABLISHING TAX LEVY FOR
THE YEAR 1989 PAYABLE IN-1989
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLVE AS FOLLOWS:
Section 1. The Budget for the City of Edina for the calendar year 1989 is hereby
adopted as hereinafter set forth, and.funds are hereby appropriated therefor.
GENERAL FUND
GENERAL GOVERNMENT
Mayor and Council $ 58,920
Administration 502,521
Planning 186,770
Finance 296,858
Election 23,802
Assessing 313,073
Legal and Court Services 309,000
TOTAL GENERAL GOVERNMENT
PUBLIC WORKS
Administration
$ 103,912
Engineering
414,456
Highways
2,480,821
TOTAL PUBLIC WORKS
PROTECTION OF PERSONS AND PROPERTY
Police
$3,122,170
Civilian Defense
24,993
Animal Control
53,415
Fire
1,896,117
Public Health
273,308
Inspection
235,819
TOTAL PROTECTION OF PERSONS AND
PROPERTY
PARK DEPARTMENT
Administration
Recreation
Maintenance
TOTAL PARK DEPARTMENT
NON - DEPARTMENTAL EXPENDITURES
Contingencies
Special Assessments on City Property
Capital Plan Appropriation
Commissions and Special Projects
TOTAL NON - DEPARTMENTAL EXPENDITURES
TOTAL GENERAL FUND
Section 2. Estimated receipts other than
as hereinafter set forth:
GENERAL FUND
Licenses and Permits
Municipal Court Fines
Department Service Charges
Other
Transfer from Liquor Fund
State Apportionments - Sales Tax
Income on Investments
Aids - Other Agencies
Police Aid
TOTAL ESTIMATED RECEIPTS
Section 3. That there be and hereby is
property in the City of Edina a tax rate
hereinafter set forth:
$ 526,448
107;050
952.855
$ 1,690,944
$ 2,999,189
$ 5,605,822
$ 1,586,353
$ 120,000
80;000
140,000
166,300
$ 506,300
$12,388,608
General Tax Levy are hereby established
$ 637,000
510,000
767,000
166,120
350,000
561,431
70,000
185,666
$ 145,000
$3,392,217
levied upon all taxable real and personal
sufficient to produce the amounts
FOR GENERAL FUND $8,996,391
Motion for adoption of the resolutions was seconded by Member Turner.
Rollcall:
.Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolutions adopted.
*RESOLUTION ADOPTED CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1989 GENERAL
PROPERTY TAXES LEVIED FOR $5,400.000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES
1984. Notion was made by Member Smith and seconded by .Member Turner for adoption
of the following resolution:
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1989 GENERAL PROPERTY TAXES LEVIED
FOR $5.400,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984
WHEREAS, the City Council of the City of Edina has, by resolution adopted
September 10, 1984, levied a special ad valorem tax for the payment of principal
and interest of its General Obligation Improvement Bonds, Series 1984; said ad
valorem tax in the amount of $1,127,000 being collectible with and as a part of
other general taxes for the year 1989; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City - Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted September 10,
1984, and collectible with and as a part of other general property taxes in said
City for the year 1989, be and hereby are cancelled; and'
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad'valorem tax levies and to
delete said levies from taxes to be spread for the year 1989.
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1989 GENERAL
PROPERTY TAXES LEVIED FOR $2,200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS.
Motion was made by Member Smith and seconded by Member Turner for adoption of the
following resolution:
RESOLUTION CANCELLING AD VALOREM TARES
COLLECTIBLE WITH 1989 GENERAL PROPERTY TAXES LEVIED
FOR $2,200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS
WHEREAS, the City Council of the City of Edina has, by resolution adopted November
3, 1975, levied a special ad valorem tax for the payment of principal and interest
of its $2,200,000 General Obligation Redevelopment Bonds, said ad valorem tax in
the amount of $238,000 being collectible with and as a part of other general taxes
for the year 1989; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted November 3, 1975,
and collectible with and as a part of other general property taxes in said City
for the year.1989, be and hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and to
delete said levies from taxes to be spread for the year 1989.
Motion carried on rollcall vote, five ayes.
FINANCE. Motion was made by Member Smith and seconded by Member Turner to approve
payment of the following claims as per pre -list dated 10/01/88: General Fund
$135,250.67, Art Center $4,760.11, Capital Fund $2,317,07, Swimming Pool Fund
$1,316.29, Golf Course Fund $9,214.75, Recreation Center Fund $53,266.15, Gun
Range Fund $352.05, Edinborough Park $6,233.902 Utility Fund $243,178.54, Liquor
Dispensary Fund $15,765.28, Total $471,654.81.
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 12:20 a.m.
City Clerk
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 17, 1988
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney
COMMENDATION PRESENTED TO DOUGLAS R. TAYLOR. Mayor Courtney presented the
following commendation to Douglas R. Taylor:
"The City of Edina wishes to commend you for your efforts in apprehending a
burglar on September 24, 1988.
On that date you arrived home to find an unknown man inside your apartment. You
overcame his physical resistance, restrained this man and summoned police
officers, who took custody of the man, who was subsequently identified as Gregory
Quamme. Quamme was a wanted felon. Stolen property was recovered from him and
from his vehicle which links him to numerous burglaries which occurred in
Burnsville, Bloomington and Edina.
Your efforts in this apprehension have aided in removing a very active criminal
from our streets and deserves the praise and honor of the citizens of Edina.
C. Wayne Courtney, Mayor"
CONSENT AGENDA ITEMS ADOPTED. Motion was made by Member Kelly and seconded by
Member Turner to approve and adopt the consent agenda items as presented.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PRELIMINARY PLAT FOR BERENBERG FIRST ADDITION DENIED UPON ADOPTION OF FINDINGS OF
FACT. Planner Craig Larsen stated that the public hearing on preliminary plat
approval for Berenberg First Addition had been continued by the Council at its
meeting of October 3, 1988 and that the Council had directed staff and the City
Attorney to prepare findings and reasons to support denial of the plat for further
review and final action by the Council. He advised that the findings have been
prepared and reviewed by the City Attorney and that copies have been,mailed to the
affected parties. Gary Grandrud, 8400 Normandale Boulevard, attorney representing
Danny Berenberg, directed the Council's attention to his letter dated October 17,
1988 which had been hand delivered and to which was attached a legal memorandum
dated October 12, 1988 from Mark A. Otness regarding Berenberg First Addition. He
urged the Council to carefully consider the legal issues and recent Minnesota
Supreme Court decisions in situations similar to the Berenberg application
referenced in the memorandum. He then introduced Frank Walz, Best & Flanagan.
Mr. Walz stated that he had reviewed the subject memorandum and that in looking at
the Council Agenda he noted an item to amend the Subdivision Ordinance No. 801.
He said it was his understanding that Ordinance No. 801 is the ordinance that
presently provides the standards for review of the proposed subdivision. It is
Mr. Berenberg's position that he has met the standards in the existing ordinance.
In reading the text of the proposed amendment, Mr. Walz said that it appears to be
a bootstrap effort to justify, after the fact, some of the findings that have been
proposed in connection with the Berenberg subdivision. He said further that it
appears to be an admission that the standards in the present ordinance are not
sufficient to authorize the rejection of the proposed subdivision. James Van
Valkenburg, representing concerned neighbors, commented that he had read the
Findings and had submitted comments thereon. He stated that the neighbors are in
favor of'the Findings and urged the Council to adopt them. Member Smith asked for
clarification on the comment made by Mr. Walz that the proposed amendment to
Ordinance-No. 801 is meant to cover this subject. Attorney Erickson opined that
the Findings before the Council make no reference to the amendment to Ordinance
No. 801. The Findings are based upon the existing ordinance and it is not known
what action the Council will take on the ordinance amendment. It just so happens
that the two agenda items came together at this time. The ordinance amendment is
to reaffirm what the Comprehensive Plan says and what the practice of the
Community Development and Planning Commission and the City Council has been, but
the two items are not tied. Motion was made by Member Turner to adopt the
Findings, Decision and Reasons as presented by staff (copy attached) and to deny
the application for the proposed subdivision entitled Berenberg First Addition.
Motion was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner
Nays: Courtney
Motion carried.
Mayor Courtney said that he voted no because he was not sure the City could defend
its decision in a court of law.
PRELIMINARY REZONING AND PRELIMINARY PLAT APPROVED FOR ERHARDT ADDITION. Planner
Craig Larsen recalled that the public hearing on preliminary rezoning and
preliminary plat for the Erhardt Addition had been continued by the Council at its
meeting of September 19, 1988 to give the proponents time to revise the plat and
provide information on the sizes and dimensions of other lots in the area. The
proponent has submitted ,a revised preliminary plat which changes the common rear
lot line. The revised plat provides the required 25 foot rear yard, but at 107
feet deep the lot still is below the required 120 feet. The proponent has also
" 7
supplied lot dimensions and lot areas for both single family and multi family lots
in the area. Planner Larsen explained that the lot line has been reoriented
perpendicular to the north /south property lines of the lot. This revised lot line
provides the standard minimum rear yard setback of 25 feet which is required for a
R -1 District lot; it does not provide the minimum lot depth of 120 feet. In
reality is pushes the rear lot line for the single family lot so far to the east
that the remaining portion for the R -2 property becomes extremely difficult if not
impossible to develop with a suitable building. Planner Larsen observed that Ron
Erhardt, proponent, was present to provide further information for the Council's
review. Ron Erhardt, 4214 Sunnyside Road,.presented the original plat map and
reviewed a brief history of the subject property beginning in 1919 when it was
first owned by his maternal grandparents. In 1955 the Village of Edina condemned
the easterly portion for the purpose of laying out a roadway, e.g. Valley View
Road, to access Southdale Center. The subject property was adversely impacted by
the condemnation proceedings by the taking of over 20,000 square feet, leaving it
a unique property located on the curve of the roadway. Mr. Erhardt recalled that
the Community Development and Planning Commission at its meeting on September 7,
1988 moved to recommend preliminary rezoning and preliminary plat approval based
on the grandfather clause. He also recalled concerns of the Council with regard
to: 1) lot depth on the R -1 property and how it would affect the character of the
single family dwellings on Brookview Avenue, 2) square footage of the R -2 lot on
Valley View Road and that it would set a precedent, and 3) the diagonal lot line
between the two properties in that it would be an "odd ball ". Mr. Erhardt then
presented a graphic of the various lots in the area, showing the number of
dwelling units on each and the square footage of the lots. Nine of the double
lots are the same size or smaller than the proposed R -2 lot and range in lot width
from 75 feet to 156 feet. He suggested that the precedent has already been set
and that the proposed R -2 lot is comparable to other R -2 lots in the vicinity. He
also gave examples of both single family and R -2 lots in the City that have been
approved during recent years which required variances. He mentioned that when he
had talked to the neighbors about the proposal no one that he had been able to
contact had a problem with it. He presented a petition signed by 15 residents in
the neighborhood who stated they supported the proposed subdivision and agreed
that the proposal does not change the characteristics of the single family
dwellings on Brookview Avenue and that the new proposed double dwelling will
enhance Valley View Road. The original proposal required lot depth and rear yard
setback variances for the single family lot; the proposed R -2 lot required a
variance on the square footage. Mr. Erhardt said they tried several ways to lay
out the lot line and that the proposed lot line now before the Council is a
compromise. It would require a lot depth variance on the single family lot;
however the rear yard setback is at the required minimum. On the R -2 lot a square
footage variance would be required. In summary, Mr. Erhardt said that the revised
plat would satisfy most of the questions that were raised, would meet the land use
requirements of the Comprehensive Plan and that both the grandfather and hardship
factors apply to the proposed subdivision. Member Richards reiterated his concern
about too much density for the area and that he did not feel a hardship exists to
justify the variances that would be required for the proposed subdivision. Member
Kelly commented that she had looked at the subject property and had talked with
neighbors in the area. She said that she felt this project fits in with the
Comprehensive Plan which allows double dwelling units on Valley View Road and is
the best use of the property. Member Kelly introduced Ordinance No. 825 -A28 for
First Reading and moved adoption of the following resolution
ORDINANCE NO. 825 -A28
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT (R -2)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
"The extent of the Double Dwelling Unit District (Sub- District R -2) is
enlarged by the addition of the following property:
Lot 2, Block 1, Erhardt Addition."
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication.
RESOLUTION APPROVING PRELIMINARY PLAT
FOR ERHARDT ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "ERHARDT ADDITION ", platted by Ronnie Phillips Erhardt and
Robert Erhardt as personal representatives of The Estate of Peggy .Chalmers
Erhardt, also known as .Peggy C. Erhardt, and presented at the regular meeting of
the City Council of December 5, 1988, be and is here granted preliminary plat
approval.
Motion for First Reading of the ordinance and adoption of the resolution was
seconded by Member Smith. Member Smith commented that Mr. Erhardt has addressed
the questions asked by the Council, has sought the direct input of neighbors in
the area, and has provided history in support of the required variances. Member
Turner commented that she had been concerned about the number of required
variances, that the rear yard setback variance had been removed, that the proposed
subdivision is consistent with the neighborhood and would support the motion.
Mayor Courtney then call for rollcall vote.
.:y
r"r
Rollcall:
Ayes: Kelly, Smith, Turner, Courtney
Nays: Richards.
Ordinance granted First Reading; resolution adopted.
FINAL DEVELOPMENT PLAN APPROVED FOR AMERICANA STATE BANK (BUILDING EXPANSION).
Affidavits of Notice were presented by Clerk, approved and ordered placed on file.
Planner Larsen presented the request of Americana State Bank, 5050 France Avenue
South, for Final Development Plan Approval, noting that the subject property is
located at 51st Street and France Avenue South. The site contains approximately
27,414 square feet of land area, with the total floor area of the existing
building of 15,799 square feet. The bank has submitted plans for a 3;588 square
foot addition to the building. The addition would fill in the open area under the
suspended second story on the north side of the building. The additional floor
area would be utilized for retail banking activities. Exterior treatment for the
addition would match the existing building. Planner Larsen noted that the
proposed addition would require reconfiguring the existing parking lot north of
the building. The reconfiguration would improve the efficiency of the parking
area and would increase on -site parking from 19 to 23 spaces. The three existing
access points would also be relocated. The 51st Street curb cut would be moved
approximately 22 feet west to improve site lines from the autobank exit. The
proposed addition complies with all Zoning Ordinance requirements and conforms to
the 50th and France Commercial Area Plan. Staff would recommend approval subject
to: 1) public parking assessment of $2.155 per square foot for the addition (after
credit for 4- parking spaces) per 1978 HRA expansion policy, 2) relocation of the
boulevard tree on France Avenue and sidewalk reconstruction in the northeasterly
corner of the site,.and 3) final design approval for the three curb cuts by the
City Engineer. Planner Larsen advised that the request was heard by the Community
Development and Planning Commission at its meeting of September 18, 1988 and
approval was recommended, subject to staff recommendations. No comment -being
heard, Member Richards moved adoption of the following resolution, subject to: 1)
Public Parking Assessment of $2.155 per square foot minus credit for four parking
spaces, 2) Relocation of existing tree in northeast corner of site, and 3) Curb
cut locations approval by City Engineer:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
FOR AMERICANA STATE BANK
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final
Development Plan for Americana State Bank, 5050 France Avenue South, presented at
the regular meeting of the City Council of October 17, 1988, be and is hereby
approved.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
FINAL PLAT APPROVED FOR OAK PONDS OF INTERLACHEN 2ND ADDITION. Planner Larsen
presented the request for final plat approval for Oak Ponds of Interlachen 2nd
Addition, generally located west of Blake Road and Fox Meadow Lane extended. This
is a three lot subdivision for which preliminary approval was granted by the
Council at its meeting of August 15, 1988. The proponent is now requesting final
approval for the project. Planner Larsen recalled that one of the conditions
imposed at preliminary plat approval was to show a proposed location for the new
house on Lot 4 in relationship to the house on the property directly to the east.
The site plan has been submitted by the proponent and has also been submitted to
the owner of the affected property, Bob Ulrich, 6221 Fox Meadow Lane. Staff has
received word from Mr. Ulrich's office that he has no objection to the proposed
siting. All other conditions imposed at preliminary plat approval have been
satisfied and staff would recommend final plat approval subject to a subdivision
dedication based on a land value of $225,000. Member Richards asked if we can be
assured about the siting of the house on Lot 4. Planner Larsen said he understood
that there is a buyer for Lot 4 and that the house is designed and is ready to go.
In answer to the question, he said we can only impose our minimum standards so
that, presumably, the house could be moved 5 feet closer to the easterly lot line.
Fifteen feet is now shown but the minimum interior side yard setback required by
the Zoning Ordinance is 10 feet. Planner Larsen said there was also some concern
about the front yard setback on Lot 4. Attorney Erickson opined that the best way
to assure that would be by covenant which could be placed of record. No further
comment being heard, Member Richards introduced the following resolution and moved
adoption, subject to: 1) subdivision dedication of $18,000, and 2) recording of
private covenant by the proponent establishing front yard and side yard setbacks
requirements for Lot 4 as determined by staff:
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR OAK PONDS OF INTERLACHEN 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "OAK PONDS OF INTERLACHEN 2ND ADDITION ", platted by Michael
Halley Homes, Inc., a Minnesota corporation, Builders Development b Finance, Inc.,
a Minnesota corporation, Robert L. Hopson, Jr. and Fae A. Ruesch, his wife, and
First Minnesota Savings Bank, F.S.B., a Federal savings bank, and presented at the
regular meeting of the City Council of October 17, 1988, be and is hereby granted
final plat approval.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
ORDINANCE NO. 801 -A AMENDING PLATTING AND SUBDIVISION ORDINANCE TO ESTABLISH
STANDARDS FOR PLATS FROM STANDPOINT OF COMMUNITY PLANNING ADOPTED: SECOND READING
WAIVED.- Planner Craig Larsen stated that the proposed amendment to Ordinance No.
801 (Platting and Subdivision Ordinance) is the result of staff's review of the
existing rules and ordinances with regard to platting and subdivision and started
approximately a year ago when it was determined that we should review our system
for approving preliminary plats. Essentially the amendment would take the
language contained in the Comprehensive Plan and incorporate that into the
subdivision ordinance to establish a standard of what is acceptable community
planning in the City of Edina. Hopefully, this would make the rules more clear to
proponents when they apply for subdivision of property. The proposed amendment
was reviewed by the Community Development and Planning Commission at its meeting
-of September 18, 1988 and the Commission recommended approval. Staff would
recommend adoption with waiver of Second Reading. No comment being heard, Member
Smith moved adoption of Ordinance No. 801 -A23, with waiver of Second Reading as
follows:
ORDINANCE NO. 801 -A23
AN ORDINANCE AMENDING THE PLATTING AND SUBDIVISION
ORDINANCE (NO. 801) TO ESTABLISH STANDARDS FOR A DETERMINATION
OF THE SUITABILITY OF A PLAT FROM THE STANDPOINT OF COMMUNITY PLANNING
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. All references in Ordinance No..801 to the Planning Commission are
hereby amended to refer to the Community Development and Planning Commission of
the City of Edina.
Sec. 2. All references in Ordinance No. 801 to the Zoning Ordinance (No. 811)
of the City, are hereby amended to refer to the Zoning Ordinance (No. 825) of the
City.
Sec. 3. Section 6, paragraph (b) is hereby amended by adding the following:
In determining the suitability of each plat from the standpoint of community
planning, the Community Development and Planning Commission shall consider, among
other matters, the following:
(i) the impact of the plat, and proposed development thereof, on the
character and symmetry of the surrounding neighborhood;
(ii) the impact of the plat, and proposed development thereof, on the
environment, including but not limited to, topography, steep slopes,
vegetation, naturally occurring lakes, ponds and streams, susceptibility
- of the site to erosion and siltation, susceptibility of the site to flooding
and water storage needs on and from the site;
(iii) the suitability of the size and shape of the lots in the plat relative
to the size and shape of lots in the surrounding neighborhood;
(iv) the compatibility of the size, shape, location and arrangement of the
lots in the proposed plat with the proposed density and intended use of the
site;
(v) the consistency of the plat and proposed development and compliance by
the plat, and the proposed development, with the policies, objectives and
goals of the Comprehensive Plan;
(vi) the impact of the plat and proposed development on the health, safety
and general welfare of the public; and
(vii) the relationship of the design of the site, or the intended improvements
thereof, and the conflict of such design or improvements, with any easements
of record or on the ground.
Sec. 4. This Ordinance shall be in full force and effect immediately upon its
passage and publication, and when effective shall be filed with the County
Recorder, Hennepin County, Minnesota.
ATTEST:
Mayor
City Clerk
Motion for adoption of the ordinance was seconded by Member Turner.
Bill Gamble, 2 Spur Road, commented that he hoped this ordinance amendment would
address his concern regarding allowing subdivision of large pieces of land in the
City of Edina and that he would like to keep Edina as it is.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Ordinance adopted.
Member Turner commented that, in response to Mr. Gamble, the amendment would not
prevent the City from approving various requests for subdivision, but does give
the Council clear standards, standards that are in the Comprehensive Plan, so that
Council can judge each request. It also maintains the flexibility of the Council
to decide on a proposal based on good sound community planning.
*BID AWARDED FOR RECONSTRUCTION AND REMODELING OF WARMING HOUSE AT WALNUT RIDGE
PARK. Notion was made by Member Kelly and was seconded by Member Turner for award
of bid for reconstruction and remodeling of the warming house at Walnut Ridge Park
to recommended low bidder, Peak Construction Company, at $11,915.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR INSTALLATION OF WATER AND SEWER LINE /NEW BUILDING AT BRAEMAR
EXECUTIVE COURSE. Notion was made by Member Kelly and was seconded by member
Turner for award of bid for installation of water and sever line at the new
building at Braemar Executive Course to recommended low bidder, Raymond E. Haeg
Plumbing, Inc., at $12,500.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR PURCHASE OF FIVE GOLF CARS. Notion was made by Member Kelly and
was seconded by Member Turner for award of bid for five golf cars to recommended
low bidder, Versatile Vehicles, Inc., at $12,175.00.
Motion carried on rollcall vote, five ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF 10/11/88 APPROVED. Manager Rosland called to
the attention of the Council the fact that Mrs. Lois Coon had tendered her
resignation from the Committee due to outside conflicts as stated on page 6 of the
Traffic Safety Committee Minutes of October 11, 1988. The Council must now
appoint a citizen to the committee to fill the vacancy. He said that a notice
regarding the vacancy would be placed in the Edina Sun - Current. Engineer Hoffman
suggested that the Citizen's Safety Committee be asked if anyone would like to
serve on this committee. With reference to Section A(3) of the minutes regarding
review of the St. Louis Park traffic diversion study, Member Turner stated that
she had received a call from a St. Louis Park resident living on France Avenue who
was concerned and wanted to be sure that Edina is monitoring the situation. She
said she supported the Committee's recommendation on this matter. Member Richards
moved approval of the following recommended action listed in Section A of the
Traffic Safety Committee Minutes of October 11, 1988:
1) Installation of "NO PARKING, MONDAY - FRIDAY, 7 AN - 6 PH" signs on the west
side of Xerxes Avenue from the driveway at 6724 Xerxes Avenue South to the
bisecting line of West 68th Street;
2) Installation of a "YIELD" sign on Creek Drive at the intersection to Limerick
Drive;
3) That the Committee summarize all of our data and input to be written into a
statement of fact directed to the City of St. Louis Park prior to the November 21,
1988 public hearing regarding the St. Louis Park traffic diversion study;
and to acknowledge Section B and C of the Minutes.
Motion for approval was seconded by Member Smith.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
INFORMATION PRESENTED ON FRANCE /AVENUE MAVELLE DRIVE RIGHT OF WAY: NO ACTION
TAKEN. Manager Rosland recalled that at the last Council meeting staff reported
on a meeting with Hennepin County, property owners of Collins Interiors, and Edina
staff regarding the France Avenue reconstruction project between West 70th Street
and Minnesota Drive. The primary issue was the loss of parking on the Collins
Interior site. Staff has again discussed the matter with Hennepin County staff
and was advised of the following: a) Hennepin County would not purchase property
as a whole taking unless the City involved requested such action, b) Normal
process would be to pay damages for land taken on the project; however, the County
sees this property as having a significant problem with the loss of additional
parking. Additionally, staff checked the City assessing files and information
would indicate that the Collins Interiors property value is in excess of one
million dollars. Manager Rosland said staff would recommend no action at this
time. Hennepin County will notify us when the Federal Highway Administration has
approved the initial design reports so that the right,of way negotiation process
may start. It would be the intention of City staff to recommend that a hearing on
the vacation of Mavelle Drive be conducted during the right of way negotiation
process. Staff has been conducting traffic counting activities to determine the
traffic implications of vacating Mavelle Drive as a public street. No action was
taken.
TENTATIVE AGENDA FOR COUNCIL /LEGISLATOR' BREAKFAST MEETING PRESENTED. Manager
Rosland presented a tentative agenda for the Council /Legislators' Breakfast
Meeting scheduled for November 15, 1988 at 7:30 a.m. and suggested that it be
narrowed down to three or four items .because of the time element.. Member Richards
suggested that the Council individually prioritize the items and then staff could
draft an agenda from that information to be finalized at the Council Meeting of
November 7, 1988. The agenda could then be :sent to the legislators prior to the
meeting. It was informally agreed to follow this procedure.
MEMBER RICHARDS' ATTENDANCE AT 1988 NLC CONGRESS OF CITIES APPROVED. Manager
Rosland advised that Member Richards has reviewed the brochure on the upcoming
Congress of Cities exposition and feels that there are numerous subjects which
have relevance to the City of Edina. He has asked the Council's concurrence in
his attending the Congress of Cities at Boston, MA in December. It was informally
agreed that Member Richards should attend the Congress.
AMM 1989 /90 LEGISLATIVE POLICY DISCUSSED. Manager Rosland referred to the
Association of Metropolitan Municipalities (AMM) 1989 /90 Legislative Policy
document, noting that the AMM has scheduled a membership meeting for the evening
of November 3, 1988, to consider And adopt policy for the ensuing year. He
suggested that each Council Member list their top five policy priorities and
return the lists so that they can be copied and given to each of the Council prior
to the meeting date. Member Turner commented that with regard to item D -1 Tax
Exempt Property the Council last year had objected to this policy and that at the
AMM Board meeting a year ago she had voiced that objection. She said that this
year she has suggested to the AMM Board that they invite the United Way Government
Relations Director to come and give specific testimony about the policy. The
director did testify but the AMM Committee still unanimously supported the present
policy which is that owners of tax exempt properties except churches and
educational institutions should reimburse cities and counties for the cost of
municipal services. With regard to item B -4 Tax Increment Financing - Member
Turner said that we could expect legislation to be introduced that would further
restrict tax increment financing because it has been perceived that abuses exist.
She wondered it if might be helpful for cities such as Edina to testify concerning
projects where tax increment financing has been used properly. Assistant Manager
Hughes observed that the League of Minnesota Cities (LMC) is currently doing a
survey for the same purpose of asking the cities to submit tax increment districts
that they think are particularly good and suggested that perhaps the AMM could
piggyback on that. Manager Rosland reminded the Council to let him know who will
be attending the annual membership meeting so that reservations could be made. No
formal action was taken.
DRAFT LETTER TO BRAEMAR GOLF ASSOCIATION APPROVED. Manager said that in response
to the Council's concerns regarding the Braemar Golf Association a letter has been
drafted to the Association clarifying that the Council views their group as they
do other athletic organizations within the City. Also, that as with other boards,
City staff will assist them and can serve as a non - voting member on their board.
Any recommendations should be made through the Edina Park Board which is the
advisory board to the Council. Further, that there should be no Park Board
representative on the Association's board. The Council informally approved the
draft letter with some minor changes.
REPORT GIVEN ON ST. STEPHEN'S CHURCH MEMORIAL GARDEN. Manager Rosland recalled
that at the last meeting the Council had noted the concern of Sue and Greg
Walling, 5015 Wooddale Lane, regarding the plans of St. Stephen's Church for a
memorial garden that would allow internment of ashes following cremation. Staff
has researched this and has been advised that the area of the garden has been used
for many years for ashes internment. This is not an activity that the City can
regulate and that has been explained to the Wallings. Father Joslin, Rector of
St. Stephen's, advised that church staff had met with Greg Walling, had explained
their plans and that Mr. Walling had left the meeting reassured. Father Joslin
said they were also trying to schedule a meeting with Phil Litchfield, 5013
Wooddale Avenue, who had also expressed concerns regarding the memorial garden, to
allay any misconceptions or fears. No formal action was taken.
ANNUAL COUNCIL/ADVISORY BOARDS AND COMMISSIONS DINNER SET FOR MARCH 21, 1989.
Manager Rosland recommended that the second Annual Council /Advisory Boards and
Commissions Dinner be scheduled for March 21, 1989. The Council informally
approved the dinner date.
TEMPORARY ON -SALE BEER LICENSE APPROVED FOR OUR LADY OF GRACE. Manager Rosland
advised that Our Lady of Grace School has submitted an application for a temporary
on -sale 3.2 beer license for November 11, 1988 in.connection with a public
dance /fund raiser to be held from 8 p.m. to 11:30 p.m. The application has been
reviewed and approved by the Police Department. The City will be named as an
insured under the liquor liability insurance of Our Lady of Grace Church per
ordinance requirement. Notion of Member Richards was seconded by Member Smith to
approve issuance of a temporary on -sale 3.2 beer license to Our Lady of Grace
School for November 11, 1988.
Ayes: Richards, Smith, Turner, Courtney
Abstained: Kelly
JANUARY 1989 COUNCIL MEETING DATES QUESTIONED. Member Kelly asked when the
January, 1989 Council Meetings would be scheduled because of the New Year's Day
holiday and Martin Luther King Day. Manager Rosland said that the meetings would
be held on January 9 and January 23 instead.
LMC LEGISLATIVE POLICY ADOPTION MEETING NOTED. Member Turner advised that the
League of Minnesota Cities will hold their 1989 Legislative Policy Adoption
Meeting on November 11, 1988. Manager Rosland said that reservations would be
made for those Council Members who can attend and that they should so advise his
office.
SIDEWALKS FOR HALIFAX AVENUE DISCUSSED. Member Turner asked if the City has been
petitioned by residents of Halifax Avenue for sidewalks and, if not, could the
Council initiate a hearing on the issue or would it be better to wait for the
residents to take that action. Engineer Hoffman said that he had written them on
October 7, 1988 that the Council strongly encourages that they petition for
sidewalk installation on Halifax Avenue to give the residents an added measure of
safety. Member Richards commented that this has been done when it has been on the
City's master sidewalk plan; sidewalks on Halifax apparently are not on the master
plan. Member Kelly said she would be willing to discuss putting Halifax Avenue on
the master sidewalk plan before going to a public hearing. Following discussion,
it was informally agreed to wait for a response from the Halifax residents.
COUNCIL PARTY BID RECEIVED AT EDINAMITE SILENT AUCTION. Manager Rosland reported
that at the EDINAMITE silent auction on October 15, 1988 the Council Party was
sold for a bid of $2,500 and that the Council should keep this in mind to be
worked on by the new Council in 1989.
*CLAIMS PAID. Motion was made by Member Kelly and was seconded by Member Turner
to approve payment of claims as per pre -list dated 10/17/88: General Fund
$133,383.32, Art Center $10,416.81, Capital Fund $2,356.86, Swimming Pool Fund
$1,061.76, Golf Course Fund $595,529.98, Recreation Center Fund $338,829.17, Gun
Range Fund $912.70, Edinborough Park $8,740.50, Utility Fund $5,951.42, Liquor
Dispensary Fund $90,276.30, Construction Fund $202,529.82, Total $1,389,988.74.
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 9:10 p.m.
City Clerk
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 7, 1988
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
CENTENNIAL UPDATE was given by Betty Hemstad and Kay Bach. Betty presented the
October flyer which highlighted the Futures Conference on October 8th at the
Community Center, the Johnny Appleseed Bash on October 8th and Art in the Park on
October 7th, 8th and 9th. Art in the Park, sponsored by the Art Center, was held at
Edinborough, and it was not well attended. The Johnny Appleseed Bash was sponsored
by St. Stephen's Church and held at Utley Park. Betty reported that the annual
Edinamite Ball was a gala event; it was held at Edinborough on October 15, and The
Edina Foundation made over $20,000 as a result of this event. Kay Bach reported that
the winning bidder of the Council Party was Leslie Turner. Kay distributed the
poster highlighting the Interfaith Celebration on November 20th at 6:00 PM at the
Community Center. Special music is being prepared for this event. It will be
sponsored by Norwest Bank, and donations will go to VEAP.
r
CONSENT AGENDA ITEMS ADOPTED. Motion was made by Member Kelly and seconded by Member
Smith to approve and adopt the consent items as presented.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
Agenda item V.A. (Park Board Minutes of 10/11/88) was pulled off of the agenda.
*HEARING DATE OF NOVEMBER 21, 1988 SET FOR PLANNING MATTERS. Motion was made by
Member Kelly and seconded by Member Smith setting November 21, 1988 as hearing date
for the following planning matters:
1) Preliminary Rezoning - R -2 Double Dwelling Unit District to R -1 Single Dwelling
Unit District - Indian Hills Company - Lots 1, 2 and 3. Block 1, Indian Hills 3rd
Addition
2) Preliminary Plat Approval - Irwin 1st Addition - Wally Irwin Construction - Lot 2,
Block 1, Charles and Ilene Wright Addition
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR 1989 PARK AND RECREATION ACTIVITIES CALENDAR. Motion was made by
Member Kelly and seconded by Member Smith for award of bid to recommended low bidder,
Chippewa Graphics, for the 1989 Park and Recreation Activities Calendar in the amount
of $7,814.00.
Motion carried on rollcall vote, five ayes.
^BID AWARDED FOR CONCRETE TRANSMISSION POLES. Motion was made by Member Kelly and
seconded by Member Smith to recommended sole bidder, Hayfield Window & Door Company,
for concrete transmission poles in the amount of $8,000.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR NEW REPLACEMENT TRACTOR FOR BALL PICKER. Motion was made by Member
Kelly and seconded by Member Smith to recommended low bidder, Kortuem's Sales
Service, for a new replacement tractor for ball picker in the amount of $8,295.39.
Motion carried on rollcall vote, five ayes.
%BID AWARDED FOR PARK TRACTOR. Motion was made by Member Kelly and seconded by
Member Smith for award of bid to recommended low bidder, Lake State Equipment, for a
used John Deere park tractor in the amount of $13.550.
Motion carried on rollcall vote, five ayes.
Member Smith complimented staff on the purchase of the park tractor and asked that
Manager Rosland convey the appropriate thank -you.
^BIDS REJECTED FOR WATER TOWER PAINTING. Motion was made by Member Kelly and
seconded by Member Smith to reject bids for painting the exterior of the Gleason
water tower of $92,300.00 by Tenyer Coatings, Inc., $92,350.00 by Rainbow, Inc., and
$93,200.00 by Odland Protective Coatings, Inc., based on the ability to defer the
exterior painting for a couple of years and the fact that the charges have increased
by 14 percent.
Motion carried on rollcall vote, five ayes.
AGENDA FOR COUNCIL /LEGISLATORS' BREAKFAST DISCUSSED. Manager Rosland presented the
list of agenda items in order of priority for discussion at the Council /Legislators'
Breakfast on November 15th, 7:30 AM, in the Manager's Conference Room of Edina
City Hall:
1) Property Taxes, including Homestead Credit., LGA and Levy Limits
2) Waste Transfer Station and Recycling
3) Light Rail Transit, including Transportation Issues -- Special Legislation for City
Transit System
4) a) Realignment of School District Boundaries (Point of France)
b) Solid Waste Disposal
'c) Mandated State Programs (to provide funding source other than levy)
Member Smith commented that background information concerning these agenda items
should be provided to the legislators. Member Turner indicated that X13 should be
changed to read: Transportation Issues -- Transportation Funding, City Transit System
and Light Rail Transit. With no further discussion, Manager Rosland stated that
background information would be provided for the legislators and item X13 changed.
LMC POLICY ADOPTION MEETING DISCUSSED. Manager Rosland explained that the League of
Minnesota Cities' 1989 Proposed Legislative Policies and Priorities will be
considered for final adoption by the membership at the League's Policy Adoption
Meeting on November 16th at the Hotel Sofitel in Bloomington. To insure
registration, Manager Rosland asked that the Council respond as soon as possible if
they plan to attend this meeting.
JOINT MEETING SET FOR PARK BOARD & COUNCIL. Member Turner
the Strategic Plan specifies a joint meeting with the Park
park system. Staff recommended December 13th, which is th
scheduled Park Board Meeting. Member Kelly suggested 8:00
joint meeting which will be held in the Council Chambers.
discussion.
reminded the Council that
Board with regard to the
a night of the regularly
PM as the time for the
There was no further
RESOLUTION ADOPTED CONCERNING ST. LOUIS PARK TRAFFIC EXPERIMENTS. Engineer Hoffman
explained that during the summer of 1988 the City of St. Louis Park, in concert with
a neighborhood task force, experimented with several types of traffic diversions to
lessen through- traffic in a neighborhood north of Morningside in Edina. As to the
impacts of these experiments in Edina, traffic volumes on West 40th Street increased
primarily on the easterly end near Joppa /Grimes. However, using normal traffic
standards and construction of 40th Street, a major problem was not created. The only
other area which could be a problem was the possibility of traffic shortcutting from
Wooddale and Excelsior to 42nd Street or Morningside Road to France Avenue. However,
during the experiments the traffic volumes decreased on Wooddale; perhaps the answer
is the forcing of south Minneapolis traffic north on France to Excelsior. The St.
Louis Park City Council will conduct a public hearing on this issue on November 21,
1988. Engineer Hoffman stated that Inglewood Avenue has a very steep hill at the
Edina /St. Louis Park border, and increasing traffic volumes on that street is not a
very desirable activity. Following this discussion, Member Turner moved adoption of
the following resolution:
RESOLUTION
BE IT RESOLVED that the City Council of the City of Edina, Minnesota has indicated a
general concern over potential traffic spillover into the Morningside Area and a
specific concern over additional traffic on Inglewood Avenue;
BE IT FURTHER RESOLVED that because of this concern, the City Council authorizes City
staff to write a letter to the City Council of St. Louis Park indicating Edina's
interest in the traffic study, the specific concern regarding Inglewood Avenue, the
fact that Edina will share its information as gathered by the City Engineer and
finally that Edina will cooperate in any further studies in this particular area.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner
. Nays: Courtney
Resolution adopted.
FINAL PLANS APPROVED FOR CONSTRUCTION OF NEW WELL AND WATER TOWER; BIDS TO BE TAKEN.
Engineer Hoffman recalled that the Council authorized preliminary approval on June 6,
1988 to well #19 to be located at the southwest corner of Edina West High School
property and to a water tower to be located at the south end of Van Valkenburg Park.
Staff recommends final approval for plans and specifications for the well and the
water tower and bids to be taken for construction. Mr. Hoffman explained that test
drilling has been completed on the well site to determine if it is a suitable
location for a City well, and the results indicated that the site is suitable.
Locating a water tower on the top of the hill in the southerly end of Van Valkenburg
Park has been researched and has proved to be a proper.location in- regard to the
water pressure concerns of residents in the northwest Parkwood Knolls area. The
estimated total expenditure for the well and tower, including engineering fees, is
$1,291,000.00, broken down as follows: 1) drilling well #19, $121,000; 2) pump
house, trunk watermain and equipment, $180,000; 3) one million gallon elevated tank,
$900,000. One million dollars of general obligation utility bonds have been sold,
and the balance of the funds would come from the utility reserve fund. With no
further discussion, Member Richards introduced the following resolutions and moved
their adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENT AND
DIRECTING ADVERTISEMENT FOR BIDS
FOR IMPROVEMENT NO. 88 -9
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvement set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer and
now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun - Current and Construction
Bulletin the following notice of bids for improvement:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET .
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
WELL NO. 19
CONTRACT #88 -9 (ENG)
IMPROVEMENT NO. 88 -9
BIDS CLOSE NOVEMBER 30, 1988
SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall,
4801 West 50th Street at 11:00 AM, Wednesday, November 30, 1988. The Edina City
Council will meet at 7:00 PM, Monday, December 5, 1988 to consider said bids. The
following are approximate major quantities:
Construction, Development, Testing and
Disinfection of One Municipal Well
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 by
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.
BY ORDER OF THE EDINA CITY COUNCIL
Marcella M. Daehn, City Clerk
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENT AND
DIRECTING ADVERTISEMENT FOR BIDS
FOR IMPROVEMENT NO. 89 -3
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvement set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer and
now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun- Current and Construction
Bulletin the following notice of bidst`for improvements:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
ONE MILLION GALLON
FLUTED COLUMN WATER TOWER
CONTRACT 1189 -3 (ENG)
BIDS CLOSE MARCH 16, 1989
SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall,
4801 West 50th Street at 11:00 AM, Thursday, March 16, 1989. The Edina City Council
will meet at 7:00 PM, Monday, March 20, 1989, to consider said bids.
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 by
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. Specifications are available at Edina City Hall Engineering
Department. 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.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn, City Clerk
Motion for adoption of the.resolutions was seconded by Member Turner.
Rollcall: Kelly, Richards, Smith Turner, Courtney
Resolutions adopted.
STORM SEWER MODIFICATIONS APPROVED. Engineer Hoffman remarked. that the City Council
had approved a storm water utility plan on September 19, 1988; as a result of this,
staff has been reviewing all areas of Edina. Each area has some possible change
and /or alternative method of delivering additional storm water drainage.
Periodically, staff will evaluate an area and present to Council the recommended
alternative for construction. Staff is proposing two areas to be approved by
Council: 1) STS -187 - Valley View Road (Nine Mile Creek, Braemar Branch); 2) STS -188
- Apache Road at Sally Lane. The estimated cost for Valley View Road is $85,000.00,
and the estimated cost for Apache Road is $8,500.00. Mr. Hoffman explained that the
funds for the projects will be from the storm water utility fund, resulting from the
sale of revenue bonds. There being no further discussion, Member Richards' motion to
approve projects STS -187 (Valley View Road - Nine Mile Creek, Braemar Branch) and
STS -188 (Apache Road at Sally Lane) within the storm water utility plan was seconded
by Member Kelly.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
*HEARING DATE OF 4/24/89 SET FOR BOARD OF REVIEW. Motion of Member Kelly was
seconded by Member Smith setting April 24, 1989, at 5:00 PM, as the hearing date for
the Board of Review.
Motion carried on rollcall vote, five ayes.
*HEARING DATE OF 11/21/88 SET FOR ROGERS' TRANSFER OF OPERATIONS TO KBL CABLE, INC.
Motion of Member Kelly was seconded by Member Smith setting November 21, 1988 as the
hearing date to approve a transfer of ownership of Rogers Cablesystems to KBL Cable,
Inc.
Motion carried on rollcall vote, five ayes.
*1989 HOLIDAY SCHEDULE APPROVED FOR CITY EMPLOYEES. Motion was made by Member Kelly
and seconded by Member Smith approving the following schedule of 1989 holidays for
City employees:
Monday, January 2
Monday, January 16
Monday, February 20
Monday, May 29
Tuesday, July 4
Monday, September 4
Friday, November 10
Thursday, November 23
Friday, November 24
New Year's Day
Martin Luther King, Jr., Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
.IN
r-
Monday, December 25 Christmas Day
Motion carried on rollcall vote, five ayes.
*PERMANENT STREET SURFACING, CURB AND GUTTER PETITION FOR OAK PONDS OF INTERLACHEN
2ND ADDITION REFERRED TO ENGINEERING FOR PROCESSING. Motion was made by Member Kelly
and seconded by Member Smith to refer the petition of Oak Ponds of Interlachen 2nd
Addition for permanent street surfacing, curb and gutter to the Engineering
Department for processing.
Motion carried on rollcall vote, five ayes.
BEST WISHES EXTENDED TO CANDIDATES. Member Smith expressed "good luck" to the
.candidates in tomorrow's election (November 8, 1988).
CITY MANAGER'S REVIEW DISCUSSED. Member Kelly has begun preparations for Manager
Rosland's review. She suggested that it be conducted by the present Council rather
than wait for the new Council Members to come on board. The Personnel Committee will
meet with Mr. Rosland before the end of November, and the Manager's review will take
place on December 21.
RESOLUTION ADOPTED ESTABLISHING EDINA'S CONCERN ABOUT THE DELIVERY OF THE EDINA
SUN - CURRENT. The Council unanimously agreed that the delivery of the Sun - Current is
very poor, with some areas of Edina not receiving the paper at all. Member Kelly
introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING EDINA'S CONCERN ABOUT
THE DELIVERY OF THE EDINA SUN - CURRENT
BE IT RESOLVED, by the City Council of the City of Edina, as follows:
WHEREAS, the Edina Sun- Current is the best vehicle to reach the citizens of Edina;
and
WHEREAS, the delivery of the Sun - Current has been far from adequate, with some areas
receiving no issues whatsoever.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA that the
Edina Sun - Current be informed of its inefficient delivery service and that it begin
to meet the needs of the residents of Edina with a complete and efficient delivery
service.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
CONCERN RAISED REGARDING STOREFRONT /YOUTH ACTION'S SERVICES. Member Kelly commented
on a recent report received from Storefront /Youth Action and her concern about the
small number of Edina clients being seen by this agency. Member Smith indicated that
there are a number of children in Edina who need help, and perhaps more information
needs to be given to the residents of this city regarding the services which -
Storefront has to offer and the fact that there is a sliding scale fee for charges
incurred. People just need to be aware of Storefront /Youth Action and how its
counseling services can be used by any family in Edina. The Council will continue to
observe the reports received by Storefront.
THANK -YOU EXTENDED TO STAFF FOR THE UNITED WAY CAMPAIGN. Member Turner conveyed her
gratitude and appreciation for a job well done in the United Way Campaign. She
reported an increase of 7.4% over last year and especially thanked Ken Rosland and
Diane Sankey for their efforts.
H.O.M.E. PROGRAM DISCUSSED. Member Turner explained that the HOME Program (Household
& Outside Maintenance for Elderly) of South Hennepin Human Services Council has a
slide show which could be scheduled for viewing at a Council Meeting. This would be
a good opportunity for the Council to see how residents of Edina could benefit from
such a program. Member Kelly added that this slide show should be publicized so that
any interested residents could plan to attend.
RESOLUTION ADOPTED IN OPPOSITION TO MANDATING DRINKING WATER REGULATIONS. Member
Turner commented on the League's Action Alert pertaining to drinking water
regulations. Manager Rosland reported the Edina already does an extreme amount of
testing and regulating its system and that mandating actions regarding drinking water
seems to be an undue expense on the residents. The cost increase for the City of
Edina alone for a control of pH levels would be $130,000 for the first year and
$50,000 each year thereafter. Mr. Rosland stated that every effort is made to run a
cost - effective water system with reasonable rates for the citizens and encouraged
Council to oppose mandating additional rules and regulations. Member Turner offered
the following resolution and moved its adoption:
RESOLUTION
WHEREAS, the Edina City Council has discussed in depth the legislation regarding
drinking water regulations; and
WHEREAS, the City of Edina already does an extreme amount of testing and regulating
of its drinking water system; and
WHEREAS, mandating proposed actions regarding drinking water would be an undue
expense on the residents of Edina.
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby opposed mandating
additional rules and regulations on its drinking water system, and that staff be
authorized to respond to the Legislature in this regard..
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
HALIFAX TRAFFIC DISCUSSED. Member Richards indicated that he had received calls
regarding the Halifax traffic issue. People are concerned that the monitoring of
traffic is being done at the same time every day and, therefore, this is not a fair
system. Chief Swanson will investigate this matter.
YEAR -END CENTENNIAL CELEBRATION DISCUSSED. Manager Rosland reminded Council of the
December 30th event at Edinborough Park - -the finale of the Centennial Year. The
Council will present awards to the Co- Chairs, Betty Hemstad and Kay Bach. Mr.
Rosland reported that this event will be a picnic dinner, and there will be music
from 6:30 PM to midnight.
%RESOLUTION ADOPTED AUTHORIZING ENTRY INTO THE 4M FUND (MINNESOTA MUNICIPAL MONEY
MARKET FUND). Motion was made by Member Kelly and seconded by Member Smith for
adoption of the following resolution:
RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT
IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY
KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND
AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS
IN CONNECTION THEREWITH
WHEREAS, Minnesota Statutes Section 471.59 (the Joint Power Act) provides among other
things that governmental units, by agreement entered into through action of their
governing bodies, may jointly or cooperatively exercise any power common to the
contracting parties; and
WHEREAS, the Minnesota Municipal Money Market Fund was formed in January,.1987,
pursuant to the Joint Powers Act by the adoption of a joint powers agreement in the
form of a Declaration of Trust by a group of Minnesota Municipalities acting as the
Initial Participants thereof; and
WHEREAS, the Declaration of Trust has been presented to this Council; and
WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota
to adopt and enter into the Declaration of Trust and become Participants of the Fund.
Municipality shall mean city, county, town, public authority, public corporation,
public commission, special district, and any "instrumentality" (as that term is
defined in the Joint Powers Act) of a municipality; and
WHEREAS, this Council deems it to be advisable for this municipality to adopt and
enter into the Declaration of Trust and become a Participant of the Fund for the
purpose of the joint investment of this municipality's monies with those of other
municipalities so as to enhance the investment earning accruing to each; and
WHEREAS, this Council deems it to be advisable for this municipality to make use from
time to time, in the discretion of the officials of the municipality.identified in
Section 2 of the following Resolution, of the Fixed -Rate Investment Program available
to Participants of the Fund.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. This municipality shall join with other municipalities (as such term is
defined in the Declaration of Trust) in accordance with the Joint Powers Act by
becoming a Participant of the Fund and adopting and entering into the Declaration of
Trust, which is adopted by reference herein with the same effect as if it had been
set out verbatim in this resolution, and a copy of the Declaration of Trust shall be
filed in the minutes of the meeting at which this Resolution was adopted. The
.Mayor and the Clerk of this Council are hereby authorized to take such actions and
execute any and all such documents as they may deem necessary and appropriate to
effectuate the entry of this municipality into the Declaration of Trust and the
adoption thereof by this municipality.
SECTION 2. This municipality is hereby authorized to invest its available monies
from time to time and to withdraw such monies from time to time in accordance with
a�
the provisions of the Declaration of Trust. The following officers and officials of
the municipality and their respective successors in office each hereby are designated
as "Authorized Officials" with full powers and authority to effectuate the investment
and withdrawal of monies of this municipality from time to time in accordance with
the Declaration of Trust and pursuant to the Fixed -Rate Investment Service available
to Participants of the Fund:
Finance Director
John Wallin
City Manager
Kenneth Rosland
The Clerk shall advise the Fund of any changes in Authorized Officials in accordance
with procedures established by the Fund.
SECTION 3. The Trustees of the Fund are hereby designated as having official custody
of this municipality's monies which are invested in accordance with the Declaration
of Trust.
SECTION 4. Authorization is hereby given for members of the Board of Directors of
the League of Minnesota Cities to serve as Trustees of the fund pursuant to the
provisions of the Declaration of Trust.
SECTION 5. State banks, national banks, and thrift institutions located either
within or without the State of Minnesota which qualify as depositories under
Minnesota law and are included on a list approved and maintained for such purpose by
the Investment Advisor of the Fund are hereby designated as depositories of this
municipality pursuant to Minnesota Statutes Section 118.005 and monies of this
municipality may be deposited therein, from time to time in the discretion of the
Authorized Officials, pursuant to the Fixed -Rate Investment Service available to
Participants of the Fund.
It is hereby certified that the City of Edina duly adopted this Resolution at a duly
convened meeting of the Council held on the seventh day of November, 1988, and that
such Resolution has not been modified, amended or rescinded since its adoption.
Acting City Clerk
Motion carried on rollcall vote, five ayes.
Date
*CLAIMS PAID. Motion was made by Member Kelly and seconded by Member Smith to
approve payment of the following claims as per pre -list dated 11/7/88: General Fund,
$279,942.49; Art Center, $11,221.67; Capital Fund, $762.00; Swimming Pool Fund,
$171.14; Golf Course Fund, $19,257.32; Recreation Center Fund, $11,231.24; Gun Range
Fund, $342.47; Edinborough Park, $17,160.38; Utility Fund, $240,497.77; Storm Sewer
Utility, $625.50; Liquor Dispensary Fund, $29,554.47; Construction Fund, $3,412.95;
Total, $614,179.40; and for confirmation of payment of the following Claims dated
9/30/88: General Fund, $509,022.82; Art Center, $995.51; Swimming Pool Fund,
$2,111.63; Golf Course Fund, $18,408.64; Recreation Center Fund, $6,891.54; Gun Range
Fund, $367.84; Edinborough Park, $10,860.06; Utility Fund, $42,140.51; Liquor
Dispensary Fund, $332,667.57; Construction Fund, $290.00; Total, $923,756.12.
Motion carried on rollcall vote, five ayes.
The meeting was adjourned at 8:40 PM by motion of Member Kelly and seconded by Member
Smith. Motion carried.
Acting City Clerk
O
V A` vi
J J V �o
REPORT /RECOMMENDATION
To:
Kenneth Rosland
Agenda Item ##
III.
A.
From:
Craig Larsen
Consent
❑
Information Only
❑
Date:
March 6, 1989
Mgr. Recommends
❑
To HRA
Subject:
S -88 -9 Preliminary Plat
51
To Council
Approval, Subdivision
of Lot 6, Block 1, Edina
Action
Motion
Highlands, 5257 Lochloy
Drive. Steven Utne
❑
Resolution
❑
Ordinance
❑
Discussion
Recommendation:
Deny request for preliminary plat approval due to the moratorium on
subdivisions of single family property.
Info /Background:
Minnesota Statutes require action on subdivision proposals within 120
days of application. If the City does not act the subdivision is con-
sidered approved. It is uncertain whether this provision takes pre-
cedence over the moratorium. The proposed action would insure that
the subdivision is not approved without City Council review.
The proponent would be free to reapply following the lifting of the
moratorium.
r �
>1` o
��• � RPON`tbv
less
REPORT /RECOMMENDATION
To:
Kenneth Rosland
Agenda Item # III •
B.
From:
Craig Larsen
Consent
❑
Information Only
❑
Date:
March 6, 1989
Mgr. Recommends
❑
To HRA
Subject:
Recording Subdivisions
0
To Council
at Hennepin County
Action
❑
Motion
El
Resolution
❑
Ordinance
❑
Discussion
Recommendation:
Adopt resolution requesting that County Auditor and Recorder not record
subdivisions and lot divisions unless approved by the City.
Info /Background:
See attached letter from Tom Erickson
350 PARE AVENUE
NEW TORE, NEW YORE 10022
(212) 415 -9200
3 ORACECHURCH STREET
LONDON EC3V OAT, ENGLAND
01 -929 -3334
36, RUE THONCHET
73009 PARIS; FRANCE
0I- 42- 66 -59 -49
340 FIRST NATIONAL BANK BUILDING
P. O. BOX 846
80CHESTER, MINNESOTA 66903
(607)288 -3166
510 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
ST. PAUL, MINNESOTA 55101
(612)227 -6017
DOBSEY & WHITNEY
A FAe RNSMP INCLUDINO PaDIE3810N L COR-O ONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
612)340 -2600
TELEX 29 -0605
TELECOPIER (612) 340 -2868
Mr. Craig Larsen
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
THOMAS S. ERICKSON, P. A.
(612) 340 -2659
February 7, 1989
1200 FIRST INTERSTATE CENTER
401 NORTH 31" STREET
P. O. BOX 7188
BILLINGS, MONTANA. 69100
(406)252 -3800
201 DAVIDSON BUILDING
8 THIRD STREET NORTH
GREAT FALLS, MONTANA 59401
(406)727 -3632
127 EAST FRONT STREET
MISSOULA, MONTANA 89802
(406)721 -6025
315 FIRST NATIONAL BANK BUILDING
WAT7.ATA,MINNESOTA 66391
(M2)475-0373
Re: Tax divisions made by County Auditor on land not
approved for subdivision by the City - Minnesota
Statutes, Section 272.162
Dear Craig:
I enclose herewith to you, and to each recipient
of this letter, a copy of Minnesota Statutes, Section 272.162.
This statute provides that the Auditor shall not divide for
tax purposes any conveyance of less than a whole tax parcel
if municipal subdivisions apply without first receiving authority
from the municipality that the subdivision regulations have
been complied with or waived. Please note, however,
subdivision 3. That provides that this statute shall apply
to a city only if the city chooses to have it apply "by filing
a certified copy of a resolution of its governing body making
that choice with the auditor and recorder of the county in
which it is located."
I do not believe that the City of Edina has ever
filed any such resolution. However, I also understand that
the County, even without such a resolution, has advised the
City when a tax parcel was being divided and sought information
from the City as to compliance with the City's subdivision
laws.
Even though the County may be seeking City approval
without such a resolution, I do recommend that the resolution
required by the statute be prepared, adopted and filed.
, '+
DoRSEY & WHITNEY
Mr. Craig Larsen
February 7, 1989
Page Two
I will be happy to prepare that resolution if you
wish to proceed pursuant to the statute.
Please let me know of your decision.
TSE : j d
enclosures
cc w /enclosures:
Mr. Kenneth E. Rosland
Ms. Marcella Daehn
Very truly yours,
, vlrnl ' j
Thomas S. Erickson
272.16 TAXATION, GENERAL PROVISIONS
5884 a 5885
of the gross tax capacity as may appear to the auditor just. If the county auditor is
satisfied that the proportion of the gross tax capacity so agreed to be transferred is
greater than the proportional value of the land to be transferred therewith, and that
such agreement was made by collusion of the parties, and with a view fraudulently to
evade payment of taxes assessed on the entire parcel, the auditor may refuse to make
such transfer, and, when any such transfer has already been procured by fraudulent
agreement, the auditor shall cancel the same, and the land so transferred shall be
charged with taxes in the same manner as though the transfer had not been made.
History: (2215) RL s 989,- 1986 c 444; 1988 c 719 art S s 84
272.161 DETERMINATION OF GROSS TAX CAPACITY OF SPECIFIC PART
OF LAND TRANSFERRED.
In the event the seller and the purchaser fail to file the agreement as prescribed by
section 272.16, the county auditor of any county may, before making a transfer of a
_ specific part of any tract assessed, request the county assessor to determine the amount
of gross tax capacity to be transferred therewith. The gross tax capacity so fixed shall
be conclusive, except that either party to the division may appeal to the district court
of the county in which the land is situated for a determination, made in the manner
prescribed by Minnesota Statutes 1945, chapter 278.
History: 1949 c 619 s 1; Ex1967 c 32 art 8 s 2; 1988 c 719 art 5 s 84
272.162 RESTRICTIONS ON TRANSFERS OF SPECIFIC PARTS.
Subdivision
1. Conditions restricting transfer. When a deed or other instrument
.
conveying a parcel of land is presented to the county auditor for transfer or division
under sections 272.12, 272.16, and 272.161, the auditor shall not transfer or divide the
-
"
land or its gross tax capacity in the official records and shall not certify the instrument
as provided in section 272.12, if.
t`
(a) The land conveyed is less than a whole parcel of land as charged in the tax lists;
-;'
(b) The part conveyed appears within the area of application of municipal subdivi-
B p
Sion regulations adopted and filed under section 462.36, subdivision 1; and
(c) The part conveyed is part of or constitutes a subdivision as defined in section
-
462.352, subdivision 12.
s'
Subd. 2. Conditions allowing transfer. Notwithstanding the provisions of subdi-
r.
vision 1, the county auditor may transfer or divide the land and its gross tax capacity
and may certify the instrument if the instrument
contains a certification by the clerk
of the municipality:
(a) that the municipality's subdivision regulations do not apply;
(b) that the subdivision has been a pproved by the governing body of the munici-
pality; or
(c) that the restrictions on the division of taxes and filing and recording have been
waived by resolution of the governing body of the municipality in the particular case
5
because compliance would create an unnecessary hardship and failure to comply would
not interfere with the purpose of the regulations.
F r
If any of the conditions for certification by the municipality as provided in this
subdivision exist and the municipality does
not certify that they exist within 24 hours
after the instrument of conveyance has been presented to the clerk of the municipality,
s
the provisions of subdivision 1 do not apply.
If an unexecuted instrument is presented to the municipality and any of the
conditions for certification by the municipality as provided in this subdivision exist,
the unexecuted instrument must be certified by the clerk of the municipality.
Subd. 3. Applicability of restrictions. This section does not apply to the excep-
tions set forth in section 272.12.
`
This section applies only to land within municipalities which choose to be gov-
erred by its provisions. A municipality may choose to have this section apply to the
5884 c
S885 TAXATION, GENERAL PROVISIONS 272.19
Iuditor is
property within its boundaries by filing a certified copy of a resolution of its governing
sferred is
body making that choice with the auditor and recorder of the county in which it is
and that �:
located.
ilently to,=
History: 1982 c 564 s 1; 1983 c 239 s 1,2; 1986 c 444; 1988 c 719 art S s 84
to make
audulent
Shall
Shall be -
272,17 LIST OF CERTIFICATES OF SALE FILED WITH AUDITOR.
On February first of each year, the county recorder and registrar of titles shall make
out from the records and file with the county auditor a list of all sheriffs or referee's
certificates of sale on execution or foreclosure of mortgages, upon which the period of
y PART t
redemption has expired during the preceding year. The county auditor shall thereupon
z
make the proper entries upon the transfer records and tax lists to conform with the list
so filed.
ribed by
;fer of a
History: (2216) RL s 990; 1976 c 181 s 2; 1979 c 9 s 2, 1986 c 444
amount
ed shall
272.18 [Repealed, 1979 c 9 s 3]
ct court t
272.19 PLATTING OF IRREGULAR TRACTS.
manner `
Where any tract or lot of land is divided into parcels of irregular shape, which
cannot be described except by metes and bounds, the owners thereof, upon notice
E
thereof being given by the county auditor, which notice shall be served upon such owner
personally or by certified mail, shall have such land platted into lots, a survey being
made when necessary, and the plat recorded, and a duplicate filed with the county
c
auditor. If the owner fails so to do within 30 days after such notice, the county
surveyor, upon the request of the county auditor, shall make such plat. Where such
ide the r
lands proposed to be platted are wholly within the limits of any incorporated city or
ument
statutory city, adjacent to any city of the first class, and such city maintains a registered
land surveyor, the county auditor shall direct such registered land surveyor to make
x lists;
such plat. Such plat shall be made from the records of the county recorder, if
�_
practicable; but, if not practicable, the county surveyor, or if such lands are within the
limits of any incorporated city or statutory city adjacent to a city of the first class, the
°cction
registered land surveyor, if one is maintained by such city, shall make and certify the
necessary survey and plat, which the county auditor shall file for record with the county
-u�- _
� ,
recorder, and a duplicate thereof shall be filed in the auditor's office. The description
of the property in accordance with such recorded plats shall be valid. When the owners
)acity
clerk
fail to comply with this section the costs of surveying, platting, and recording shall be
4i
paid by the county upon allowance by the county board and the amount thereof added
to the next tax upon such lots and when collected, shall be credited to the county
y
revenue fund; provided, however, that whenever the county board shall determine that
Inici-
it is for the best interests of the county to have any particular tract of land platted into
I A
an auditor's plat, and shall adopt a resolution so stating, it may direct the county
been
auditor to have such work done. The county auditor may then employ any registered
case i
land surveyor to make the necessary survey and prepare the plat. If there shall be any
.;
ould €
variation between the measurements of the tract as actually surveyed and the measure-
ments stated in the instruments of conveyance with respect to any lot to be outlined
this
upon such plat, the registered land surveyor shall note such variation on the lots
ours
affected on said plat and shall state in the certificate, endorsed upon the plat, the extent
lit,,
of such variation and the action taken by the surveyor to reconcile such difference for
the purpose of outlining such lot or lots upon the plat. The county auditor shall file
the
such plat for record with the county recorder and a duplicate thereof shall be filed in
(ist'
the auditor's office. After a tract of land has once been surveyed and platted into an
auditor's plat and t h e o wner of any lot situated therein shall thereafter convey a po rtion
of lot, which is described by metes and bounds, the county auditor may have such plat
:e,
revised or amended so as to currently show thereon each parcel of land contained
�-
within said tract, by lot or revised lot number. When a plat is thus revised it shall not
ov
be necessary to make a new survey, but the registered land surveyor employed for said
'he '
a
purrese 's ,evise the existing plr >, `- ,, a. .1., .- . .. _1! -�f
s
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDINA, MINNESOTA
Marcella M. Daehn -does hereby certify as follows:
That she is the City Clerk of the City of Edina and that following
is a true and correct excerpt of a Resolution adopted by the City Council on
March 6, 1989:
RESOLVED, that all property within the boundaries of the City
of Edina shall be subject to the restrictions on transfers -
and divisions contained in Minnesota Statutes Annotated,
Section 272.162 and any amendment thereto.
Dated this 6th day of March, 1989.
City Clerk
21
A.
w9���lrlr
o e
ch
o
•• �' �N�bRPON`t�°
,aaa
REPORT /RECOMMENDATION
To: Mayor & City Council
From: Francis Hoffman
City Engineer
Date: 3 March, 1989
Subject: Public Hearing
Mavelle Drive Vacation
Hearing
Recommendation:
Agenda Item # IV.A.
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
0
To Council
Action 0
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Vacate Mavelle Drive subject to conditions listed in letter of intent signed by
property owners.
Info /Background:
During review of the France Avenue reconstruction from West 70th Street to
Minnesota Drive, one parcel (Collins Interior /Room & Board) loses all of its
parking on the France Avenue side of the site. Hennepin County and City staff
have met with the property owners (John and Martha Gabbert) on several occasions
regarding the effects of.the France Avenue reconstruction.
The objective of the meetings was to review how the site might be reconstructed
to serve all purposes. The County and City needs the France right -of -way for
the project. The property owners need the parking spaces for the site.
The site has a significant shortage according to our ordinances. All parties
involved understand the need to eliminate as many curb cuts from France Avenue
as possible for traffic safety, and restore the site to an equal or better
position before the reconstruction of France Avenue.
As such, City staff has reviewed Mavelle Drive between France Avenue and Sandell
as a possible way to restructure the sites to accommodate all needs. Traffic
counts done for a day indicate very few people use the existing Mavelle Drive.
After an eleven hour manual count, only seventy -seven vehicles drove the entire
length of Mavelle Drive (one short block). Of those that drove the entire
length only a very few were from the neighborhood.
I
Report /Recommendation
France Avenue Reconstruction
Mavelle Drive Street Vacation
3 March, 1989
Page Two
The City staff and property owners have met to discuss the issues on several
occasions. The attached letter of intent and graphic demonstrates the current
position of City staff and the property owners.
We believe that Hennepin County needs this indication to continue to final
negotiations with the property owner.
This vacation hearing is initiated by the governmental agencies and not the
property owner. The utility companies all find the vacation acceptable to each
company.
The staff will make a full presentation Monday evening, March 6, 1989.
r1TV OF
.i1 WEST 5G7&H STREET. EDINA. MINNESOTA 55424
612 - 927 -8861
Notice of Public Hearing
Attached is a notice of public hearing to consider vacating Mavelle Drive
to allow for restructuring of two sites adjacent to France Avenue affected by
reconstruction of France Avenue.
During review of the France Avenue reconstruction from West 70th Street to
Minnesota Drive, one parcel (Collins Interior /Room & Board) loses all of its
parking on the France Avenue side of the site. Hennepin County and City staff
have met with the property owners (John and Martha Gabbert) on several
occasions regarding the effects of the France Avenue reconstruction.
The objective of the meetings was to review how the site might be reconstructed
to serve all purposes. The County and City needs the France right -of -way for
the project. The property owners need the parking spaces for the site.
The site has a significant shortage according to our ordinances. All parties
involved understand the need to eliminate as many curb cuts from France Avenue
as possible for traffic safety, and restore the site to an equal or better
Position before the reconstruction of France Avenue.
As such, City staff has reviewed Mavelle Drive between France Avenue and Sandell
as a possible way to restructure the sites to accommodate all needs. Traffic
counts done for a day indicate very few people use the existing Mavelle Drive.
After an eleven hour manual count, only seventy -seven vehicles drove the entire
length of Mavelle Drive (one short block). Of those that drove the entire
length, only a very few were from the enighborhood.
The staff will present additional information at the public hearing and describe
the attached graphic. The graphic shows the general layout that would result
from restructuring the sites with the Mavelle Drive right -of -way colored in
yellow.
If you have additional questions, please contact me at 927 -8861.
Sincerely,
Francis J. offm n
Director of Public Works
and City Engineer
FJH:dj
INTENT OF AGREEMENT
As the efforts continue to work out a mutual agreement for the reconstruc-
tion of France Avenue, the elements of such an agreement would include:
A. The Property Owners would give the necessary right of way for the
France Avenue expansion and agree to close three of the four curb cuts
onto France Avenue.
B. The County would agree to pay for the cost of redoing the portions of
the property fronting on France Avenue including landscaping, and also
pay the cost of redoing the parking areas for the property to relocate
the parking from France Avenue to the vacated Mavelle Drive area.
C. The City would vacate Mavelle Drive to accommodate the new parking
area.
D. The parking lot arrangement would not require any new variances.
E. The parking lot layout would not be altered without City approval.
The parking lot layout would appear as developed on attached layout.
This intent letter is developed to indicate both the City position and prop-
erty owner position to Hennepin County.
By:
By:
Date 'J1 1 `'� 1 9
Date �/ �/
oonuox Avenue
p,wnve x"*nu*
_ __--_----_
^..`
�
February 23, 1989
Mayor Richards
City Planning Commission
City Council ✓
City of Edina
4801 W. 50th Street
Edina, MN 55424
Re: 7100 France Ave. South Building Useage
Dear Council Members:
I reviewed the rulings handed down nearly a year ago by the City of Edina,
stating that a retail operation by Room & Board (Gabberts) at 7100 France would
not be approved. It was the understanding of the tenants of 7100 France, as well
as the neighbors to the building, that retail use was in violation to the overall
plan adopted by the City for the west side of France Ave. South.
As you may know, Gabberts bought 7100 France anyway and we tenants had 60 days
to get out, vacating November 1, 1988. Most of the tenants relocated, I could not.
My type of operation, a telephone answering service would not warrant the extreme
costs of moving a phone system. I lost approximately $35,000, a 27 year equity,
over Gabbert's purchase.
Enclosed is an ad Collins Interiors (Gabberts) have recently been running. Note
they state "Before we move next door to 7100 France." Are they moving a furniture
operation into 7100 France?
Also, an inspection of the newly remodelled 7100 Building reveals furniture displays.
Furniture displays propose retail or wholesale sales, do they not?
A year ago, after months of meetings, the tenants and neighbors spoke out. A year
ago, the city responded in our favor. Are Gabberts trying to put something over on
us all? Is this justice?
May I please hear from you?
Sincerely,
Lois Thornton 1.
13005 Upton Ave. South
Burnsville, MN 55337
(Owner of Edina Business Service -7100 France Ave. South, Edina, MN)
FINAL WEEK'.
Aft
•
Before we move next door to 7100 France
Save 0
30%0
8 0 0%0
OH Reg. Prices
One -of -a -kind decorator pieces and floor samples from
Drexel Heritage and many other top quality manufacturers
Furniture for your home atprices you'll never see again.
• Leather
sofas, chairs
30% off
• Drexel Heritage
• Century
• Henredon
• Mastercraft by Baker
• and many more
• Soon to become Interior Design Partners •
Phone 920 -4955 • Sale Hours: Open Mon -Fri 9:30 to 9, Sat 9:30 to 6, Sun noon to 5
1 _ ..
, .`i6'
Agenda Item IV.A
March 6, 1989
TO: Mayor and City Council of Edina
RE: Vacating Mavelle Drive between France A' ✓e. So. and Sandell Ave.
The notice of this meeting was the first the residents on Sandell
knew of the continued work with the business property owners in the
7000 block of France, since they withdrew their rezoning proposal
last June (which included a similar change), although that one was
less restrictive than the present plans seem to indicate.
As you propose to finish expiaining your. obscure graphic and
word combination tonight. I feel you should then give us a chance
to respond in writing with better understanding of your plan, before
you take final action on this latest proposal.
Thank youLG��
MargareO Strickland, 7000 Sandell Ave., Edina.
IF FINAL ACTION IS TO BE TAKEN TONIGHT, READ ( "N:
As I understand your Public Works and Engineer's plans - -there
seem to be differences between words and graphics- -the following
is my response.
Our building at 7000 Sandell has been owner occupied since it
was built as a Cooperative in the early 1960's. We recently became
a condominium. We have tried to be good neighbors and to adjust
to the southward development from West 70th to I494 over those years.
What we have now is a bad situation t•.hich the city has done
almost nothing to alleviate, and which now your proposals.seem to
make almost impossible: the ingress and egress of our residents,
visitors, workmen, etc. When the building was built, all the village
required must have been one garage per unit, so no room for parking
on grounds was provided. Somehow, the builder was allowed to con -
struct a building with no rear exit /entrance, so 14 units' residents
have to walk around building to get to garages. Even now we have
periodic problems when people decide to park in front of our property
to go to Amoco Station or the Collins building rather than enter
parking areas, or parking on Mavelle.
I do not feel a one day count of traffic using "full" block
of Mavelle to /from France was statistically sound. As I come and
go, using it frequently, I see numerous cars and delivery trucks
coming from parking lots on both sides, entering from or exiting
onto France So. Even the 7? vehicles you counted could make quite
• difference, as our only way out to west or north involves first
• U -turn or a turn assisted by backing out of a driveway into on-com-
ing traffic. Also, this traffic would acid to longer waiting line
to enter 70th from Sandell.
When I return from Hazelton or S. France, I. often use Hazelton/
Lynmar Lane /Mavel.le_ circuit. It is very hazardous - -a blind curve
made worse by blockage at intersection which"throws.both lanes of
traffic onto the same side of curve. Oncoming trucks, parked lawn -
cutting equipment, etc. at buildings and homes along route make it
worse.
The city has never even tried the simple help of posting a
"Do Not Block Intersection" sign at Sandell and 70th, so passing
traffic would notice our street. Now, with enlarged? or improved
France /70th intersection, we may have to find a break J.n 3 lanes,
then still face hazard of turners off France or oncoming 70th vehicles.
With all the tall vans, 4 -wheel drives, etc. today, it is tough
trying to get a view of oncoming traffic when you emerge into another
lane.
So, while you are restructuring the neighborhood (your notice
included only "pro" reasons and no method offered for our input in
writing), you have evidently made your decision which now only needs
Council Approval of engineering and planning recommendations.
Why can't you take care of our needs at the same time? For
instance, get that roadblock out of Mavelle/Lynrnar hane corner, so
we have a reasonable route to and from west -,, at Cornelia raffic
light or other streets parallel to Sandell. Also, if you let that
parking in Mavelle right- of -wdy have a cut to France, we can come
and go south and east without having to go through 3 lanes of traffic
at Sandell /70th. Some traffic from parking lots and loading docks
can use it also.
lust June's plan intended to separate two building parking lots
between Cllavelle and Hazelton. Perhaps we could get an 'easement for
Sandell traffic to pass through all parking areas surrounding us
without being .trespassers on private property.
To make neighborhood more convenient, to resident pedestrians
and todays' walkers, why riot put sidewalks in by Galle.ria and South -
da ie?
i%lany people have noted that there has never been a sidewalk
on'Southdale property and only on York side of Gabbe.rt- BecK's proper-
ty. That would make pedestrian traffic; safer.. Also, maybe % -alk"
signs could be automatic and long enough to cross whole street without
running. i personally have had some very close calls at France /70th
intersection.
Thant: you for your consideration of our: plight. We are taxpayers
too and don't need unnecessary increase in traffic from parking lots
and decrease in our only parking area by people who should be in
lots you are planning. How can you help with this problem?
.Margaret G. Strickland
Unit 15
70G0 San el.l Avenue
Edina, MNN 55435
March 6, 1989
�1
A.
O V 4 V1
P
.�y VJ
V�bRPM''tt�
1868
To: Ken Rosland
From: Janet Chandler
Date: March 3, 1989
REPORT /RECOMMENDATION
Subject: Public Hearing on the
method of city -wide
recycling.
Recommendation:
Agenda Item # v -
. Consent ❑
Information Only [T]
Mgr . Recommends ❑
To HRA
❑
To Council
Action ❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
No action is needed unless Council wishes to amend its resolution of February 6,
which is summarized below.
Info /Background:
Council resolution of February 6 directed that:
The City begin the process to contract with a single hauler for city -wide
recycling collection.
Recyclables shall be placed for collection in accordance with Ord. 711
regarding garbage - -at the rear of the premises out of view from the street
or in a garage.
No cost shall be passed on to the residents, except through the General Fund.
No rebate program to the resident would be instituted.
Funding should be obtained from Hennepin County for all eligible costs.
No action was taken to authorize purchase of recycling containers for residents.
The public hearing was called to solicit comments on the single hauler system for
collection of recyclables from R -1 and R -2 districts of Edina. Notification of the
hearing was mailed to the residential garbage haulers and recycling contractors.
Attached is a copy of a recent letter from an Edina resident with suggestions for
the recycling program.
Janet Taylor
Recycling Coordinator
City of Fdina
4501 W. 50th St.
Fdina, MN 556.21;
Dear Ms. Taylor,
Rri.ice Shoemaker
531.1. Oaklawn Ave. S.
Fdina, MN 55422
Q o, 1`1 qj
As a long —term resident of Fdina who is concerned about many_
environmental and miinicipal issues, T would like to submit some
comments about our community's recycling program.
Fdina's efforts at recycling, to date, while certainly steps
in the right direction and an improvement over years past, still
could be greatly improved in my view. Curbside pick —ups are
infrequent (monthly) and cover only a few items. Many people are
participating hilt in most neighborhoods it is a small minority
that make a serious effort at recycling a substantial_ portion of
their waste.
Municipal leaders, while adopting the rhetoric of recyling,
seem to he reluctant to devote the resources needed towards
making a serious impact on the amount of waste generated in this
community. Tf recycling really is a priority i.n Edina, T'ennepin
County and Minnesota, a great deal. of concrete action is needed
that so far has been slow to occur.
At the local level - Fdina needs to:
— O.f.fer weekly curbside pickup of rec_yc.la)�les. rx.perience in
Minneapolis and other cities have shown that when more fr.ennent
pity —itp is offered, the total amount of waste recvcl.ed increases
dramatical.l.v. The ci -tv should also provide convenient recycling
bins to indiiridi1aI householOs as several nearhv siihiirhs nov, dn.
— Fxpand the types of materials collected. Cardhoard and phone
hoo! %s are accepted in the Minneapolis program but not by F.dina.
Some recycli.nq programs now even recycle many plastics and glossy
magazines.
— Move towards an incentive system for recycling. uousehol.ds
that recycle should he rewarded with reduced trash disposal
charges. Fventual.ly recycling will halve to he mandatory
natioride as it alreadv now i.s in an, increasing ni ?mher of
localities. Instead of resisting this sensible trend, ,,by not
start ant.i.ci_nating and pl.anni.nc, for it now')
Other related issues, h,rina to do with reducins* the total
a!^nnn.t of the ,.paste stream, need to IMP ar','ressed at the states -ide
level. Pressure from local. commi.aniti_es is needed, however, and
officials here in 70ina should be a.skinq our elected state
representatives to:
- Require returnable /Oeposi_ts on beverage containers. Tt is
ridiculous that this wasn't passed years ago. Mir.resota used to
be consiOered an innovative propressi.ve state when legislation
such as the Clean TnSoor Air Act set a nationwide eyamrle for
environmental legislation in the public interest. Onfortunatel.y,
many legislators, in.cIvOing some that renresent this area, have
in the past listeners more to special interests than to the public
interest by resisting taYi.ng action on een.osit lepislati.on. Tt
is time to get serious on this issue.
- Restrict non - recyclable paciagi.np. ni.sr.egarding_, heightened
environmental concerns, more and more food and heyerape comnaries
are using nonreusabl.e, nonrecvcl.abl.e packarinr. The latest blow
cnmes from the beer ind-st.ry -hic.h is 0- nhasi.n^ out ret-rnahle
beer bottles in favor of throwaways. The cities of Minneapolis
anrt Ct. Pa it are already di sc"ssj n^ comnrehensi.ve l?ri sla.ti.or. to
ban wastefr.l throwaway packapin; when reusable, recyclable
alternatives e°i.st . POi.na shovTO stronir1 - annsi epr a similar
measure.
Citizens of this community are increasi.nsl.y ren6y for
serious action. on'rec ^cli.n^ —nst.e control, issues. T hope to see
our city take strong positive action on these concerns in the
near future.
Sincerely,
Truce Shoemaker
�o'} REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000
DATE: 3 March, 1989 AGENDA ITEM V T T . A
ITEM DESCRIPTION: Pump & Well Renovation #13 & #16
Companv
Amount of Quote or Bid
1. Layne Minnesota Company
1.
$
22,530.00
2. E. H. Renner & Sons
2.
$
23,834.00
3. Bergerson - Caswell
3.
$
24,346.10
4. Keys Well Drilling
4:
$
29,775.00
5.
5.
RECOMMENDED QUOTE OR BID:
Layne Minnesota - Company
$
22,530.00
GENERAL INFORMATION:
This is a general overhaul and renovation
of Wells 413
&
16. This project
is part of our annual capital plan work to
maintain our wells
in proper
working condition. This project is funded
by the utility
system and was
budgeted for 1989.
;t
A.
Public Works - Utilities
Signa re Departmen
The Recommended bid is
within budget not withiOA g�t _,� WVV,0n, Finance Director
Rosland, Cft'� Manager
0
REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth Rosland; City Manager -
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000
DATE: 3 March, 1989
AGENDA ITEM VII . B
ITEM DESCRIPTION: #6 Well Repair
Company Amount of Quote or Bid
1. Layne Minnesota Company 1. $ 10,990.00
2. E. H. Renner & Sons 2. $ 10,999.00
3. Keys Well Drilling Co. 3• $ 12,340.00
4. Bergerson - Caswell, Inc. 4• $ 12,685.00
5. 5.
RECOMMENDED QUOTE OR BID:
Layne Minnesota Company $ 10,990.00
GENERAL INFORMATION:
This is an unscheduled repair to Well #6. An unusual vibration in
system indicated a need for repair. Upon pulling the well it was
determined that the shaft and column pipe need replacement but not
the pump. This project will be funded through the capital plan as
we have an annual program in the capital plan for well overhaul and
renovation.
Public Works - Utilities
Signs ure Department
The Recommended bid is
within budget not
Finance Director
eth Rosland. City Manager
A.
U REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Bob Kojetin, Director
J VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000
DATE: February 27, 1989 AGENDA ITEM VII.0
ITEM DESCRIPTION: Cushman Replacement
Company Amount of Quote or Bid
�• Cushman Motors 1 $ 7185
2. Horst Dist. 2
3.
4.
5.
RECOMMENDED QUOTE OR BID:
Cushman Motors
GENERAL INFORMATION:
Trade -in of 1976 Cushman 4- wheeler.
SigriMure
v"
The Recommended bid is
within budget not
$ 7785
3.
4-.
5.
$7185
Parks & Recreation
Department
Finance Director
'It .1 zill
REQUEST FOR PURCHASE
TO: Mayor and City Council
FROM: Bob Kojetin, Director
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF
$5 000
DATE: February 27, 1989
AGENDA ITEM VII.D
ITEM DESCRIPTION: Replacement of five (5)
golf carts
Company
Amount of Quote or Bid
1. Versatile Vehicles (less $3376 trade -in)
1. $ 10,594
2' E -Z Go Textron
2.
$ 10, 604
3
Yamaha (Golf Car Midwest) "
3. $ 11,099
4.
4.
5'
5.
RECOMMENDED QUOTE OR BID:
Versatile Vehicles less trade -in
$_10,594
GENERAL INFORMATION:
5 1989 4 -wheel gas golf cars equipped with
sweater baskets
and scuff plates. Scheduled purchase. Trade -in of 4
1982 Yamaha cars.
E
The Recommended bid is X
within budget not
Parks & Recreation
Department
Finance Director
Kenneth Rosland City Manager
e
REQUEST FOR PURCHASE
TO: Mayor and Council Members
FROM: Craig G. Swanson, Chief of Police
VIA: Kenneth Rosland, City Manager
SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5.00
DATE: March 1, 1989
AGENDA ITEM V I I. E
ITEM DESCRIPTION: MULTI- CHANNEL COMMUNICATIONS RECORDING SYSTEM
Company Amount of Quote or Bid
1. Pitney Bowes Company /Dictaphone $22,227.00
2. 2.
3. 3.
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
#:1 is recommended; they also offer a three (3) year lease/buy option. The
cost differential is $1,773 ($24,000 - $22,227).
GENERAL INFORMATION:
We received two (2) bids /quotes for a Multi- Channel Communications
Recording System (MCCRS). The two bids are the one listed above, which
meets or exceeds all the conditions and specifications. The second or
other bid did not meet the conditions and specifications and was for a
higher amount. Therefore, it is recommended that the #1 bid be accepted
and approved.
This is a replacement item.
Signature
The Recommended bid is
within budget not within
P !! Ge_
Department
Kenneth Rosland, City
c,91
�-�4 110
De ,. 0 REQUEST FOR �-^� :� �� PURCHASE
NfJ•
TO: Mayor and City Council
FROM: Bob Kojetin, Director
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF
$5,000
. DATE: March 1, 1989
AGENDA ITEM VII.F
ITEM DESCRIPTION:
Groundsmaster 327, 72" side
mower
_Company
Amount of Quote or Bid
1. MTI Distributing Company
1.
$6532
2.
North ,.Star Turf
2
-
$,
$7715
Cushman
3.
4.
$7000
4.
5.
5.
RECOMMENDED QUOTE OR BID:
MTI Distributing $6532
GENERAL INFORMATION:
Toro Groundsmaster 72" replaces 1976 Groundsmaster 72"
�J O Parks & Recreation
Si ture Department
The Recommended bid is
within budget not within budget _ �oh►Wallin, Finance Director
th Roslanftity Manager
v
c
01 REQUEST FOR PURCHASE
TO: Mayor and city council
FROM: Bob Kojetin, Director
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000
DATE: March 1, 1989
AGENDA ITEM VII.G
ITEM DESCRIPTION: Reelmaster 216, 5 -blade mower
Company
�• MTI Distributing 1• $ 6590
2. North Star Turf 2. $ 8699
3. 3.
4. 4.
5. 5.
Amount of Quote or Bid
RECOMMENDED QUOTE OR BID:
MTI Distributing $ 6590
GENERAL INFORMATION:
Hydrostatic mower replaces (2) Toro 70" Professional
■
Park & Recreation
Sp'nature Department -)
mowers.
n
The Recommended bid is --A-
within budget not
Kenneth Rosland,
Finance Director
Manager
° O; PURC HASE
REQUEST FOR PURC /� S
:E
�n�L,nrna,,•� .
TO: Mayor and City Council
FROM: Bob Kojetin, Director
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000
DATE: March 2, 1989 AGENDA ITEM vzl.x
ITEM DESCRIPTION: Greens Plower
_Company Amount of Quote or Bid
�. MTI Distributing 1• $ 6750
2.
North Star Turf 2
3. 3. $ 8140
4. 4
5. 5.
RECOMMENDED QUOTE OR BID:
MTI Distributing $ 6750
GENERAL INFORMATION:
Greensmaster 3000 replaces 1985 Jacobsen Greens King.
The Recommended bid is v_
Within budget not within
Park & Recreation
Department n
Rosland, Cif?y 11fAnager
Director
r
.1
° REQUEST FOR PURCHASE
o:;
TO: Mayor and City Council
FROM: Bob Kojetin, Director
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.00
DATE: February 27, 1989 AGENDA ITEM yll.I
ITEM DESCRIPTION: Fourth of July Fireworks
Company Amount of Quote or Bid
�• Northern Lighter Pyrotechnics
2 . $ 5,900
2.
3. 3.
4. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
Northern Lighter Pyrotechnics $ 5,900
GENERAL INFORMATION:
This is the only quote. This company has done our fireworks
for the past 15 years.
Sigma
The Recommended bid is
Parks & Recreation
Department
within budget not
Finance Director
Kenneth Rosland, (qty Manager
A.
O e :5•: Cn
O
apow
1800
CONTINUED FROM FEB. 611989
REPORT /RECOMMENDATION
To: Mayor & City Council
From: Francis Hoffman
City Engineer
Date: 3 February, 1989
Subject: Right -of -Way Plan
Approval for France
Avenue from West 70th
Street to Minnesota
Drive (South City Limits
Recommendation:
Agenda Item # VIII.A.
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
51
To Council
Action 0
Motion
El
Resolution
❑
Ordinance
❑
Discussion
A. Authorize a resolution approving the right -of -way plans for France Avenue
reconstruction from West 70th Street to Minnesota Drive (south city
limits).
Info /Background:
On March 21, 1988, the City Council conducted a public hearing on the proposed
reconstruction of France Avenue from West 70th Street to Minnesota Drive. The
project is to widen France Avenue from four to six lanes as is the case from the
Crosstown Highway to West 70th Street. The Council approved a preliminary plan
approval and passed a no parking resolution for both sides of France Avenue.
Hennepin County has submitted plans for right -of -way acquisition for portions of
22 parcels along France Avenue. Their request is to receive approval of a
right -of -way plan for the project.
The staff has reviewed the plan and would recommend approval of the plan. The
costs for purchase of right -of -way will be split by Hennepin County and funded
thru county state aid, municipal state aid and special assessment.
The staff will present further details at the Council meeting.
At a duly authorized meeting of the City Council of Edina Minnesota,
the following resolution was moved and adopted:
RESOLUTION
WHEREAS, Plans for Hennepin County Project No. 8110A showing proposed
alignment, profiles and right of way for the „reconstruction'of County State Aid
Highway No. 17, within the limits of the City, as a State Aid Project, have been
prepared and presented to the City.
NOW, THEREFORE, IT IS RESOLVED: That said plans be in all things approved
and that the City agrees to provide the enforcement for the prohibition of
on- street parking on those portions of said Project No. 17 within its corporate
limits.
Dated this 6th day of
State of Minnesota
County of Hennepin
City of Edina
March
CERTIFICATION
, 19 89
I hereby certify that the foregoing Resolution is a true and correct copy of
a resolution presented to and adopted by the City Council of Edina at a meeting
thereof held in the City of Edina, Minnesota on the 6th day of
March 19 89 as disclosed by the records of said City in
my pos ess on.
'1.
City Clerk
v i
A.
�Y�11�
e �P .
JOBS
REPORT/RECOMMENDATION
To: Kenneth Rosland
From: Craig Larsen
Date: March 6, 1989
Subject: Status report on
airport planning
Recommendation:
Agenda Item # VIII. B.
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
M
To Council
Action ❑
Motion
❑
Resolution
❑
Ordinance
E
Discussion
Info /Background:
In.1987 the legislature ordered two adequacy studies of Minneapolis -St. Paul International:_;.,:..
Airport. The Metropolitan Airports Commission (MAC) was directed to do a ten year study:
The Metropolitan Council was directed to do a study for the year 2020. The Metropolitan
,Council study (report to legislature attached) recommended a dual track approach to planning
for future airport needs. MAC has endorsed the dual track approach. The two tracks are:
1. Planning for a new airport would begin immediately, including site selection and
landbanking. The new site would be selected by 1995.
2. Make capacity improvements to existing airport during the interim period.
On February 22, 1989 I met with representatives of Bloomington and Richfield along with
the managers of several other southern and western suburbs to discuss their plan for a
third study. Bloomington and Richfield are convinced that a new airport would have a severe
economic impact on their communities. They do not believe the other studies adequately
address this impact. They also feel that their study may conclude that a new airport is not
rranted. They feel the dual track approach represents a commitment to a new airport.
draft Request for Proposal, prepared jointly by Bloomington and Richfield, is attached
for your information.
'w
a:
DRAFT REQUEST FOR PROPOSAL
Adequacy of the Minneapolis -St. Paul International Airport
February 3, 1989
Request for Proposal
MSP Internationa Airport Adequacy Study
February 3, r989
age
BACKGROUND
Two regional agencies, the Metropolitan Airports Commission and the
Metropolitan Council, are currently involved in examination of and planning
for international airport facility needs for the Minneapolis - _St. Paul,
Minnesota region.
The Metropolitan Airports Commission .(MAC), a regional agency directed by
Commissioners appointed by the. Governor, is responsible for the operation
and management of all public airport facilities in the seven - county metro-
politan area, including Minneapolis - St. Paul (MSP) International Airport,
located at Wold Chamberlain Field.
MAC began an update of its Master Plan for MSP International Airport in
1985. .After an initial work phase which included facility inventory and
activity forecasts, the work was halted by MAC because of the pending
merger of Northwest Airlines and Republic Airlines.
In its 1987 Session, the Minnesota Legislature directed that study of the
ability of MSP to serve the future air travel needs.of the Twin Cities area
proceed on two fronts. The Metropolitan Council was directed to examine
the long -term (Year 2020) need. The Metropolitan Airports Commission was
directed to determine airport needs over the next ten years (Year 1998).
Both studies were to be completed at the end of 1988.
The City of Bloomington and the City of Richfield have joined together to
conduct this third study of MSP Airport because of common concern regarding
the future of the airport at this site. The Cities have three major con-
cerns:
• Relocation of the existing airport
for economic growth for existing
businesses in the communities.
will result in loss of opportunity
and future commercial and service
• The impacts and benefits of the North -South runway alternative have
not been fully addressed.
• The impact on the metropolitan area of creating an additional growth
center around a new airport have not been addressed.
Request for Proposal
MSP International Airport Adequacy Study
February 3, 1989
age 2
Metropolitan Council Study
The Metropolitan Council's studyl/ examined Twin Cities airport needs over
a thirty -year period. The analysis found that the existing airport faci-
lity would not adequately serve the demand expected during that period.
The Metropolitan Council's study also examined the question of how long the
existing airport could accommodate expected demand and concluded that
existing airport facilities will not satisfy.the level of demand expected
to occur at MSP by the Year 2000. The study found that to meet Year 2000
demand at MSP, an additional (fourth) runway is needed. To meet Year 2020
demand, construction of another (fifth) runway would be required. The
study concluded that the only alternative means of meeting future demand is
construction of a new international airport.
The Metropolitan Council study emphasized the .potential negative effects
associated with having inadequate airport facilities. The study, pointed
out the possibility that demand not served at MSP Airport would be likely
to. relocate' to another city, and would probably not move back to the Twin
Cities even if airport facilities were later expanded.
As a result of this study, the Metropolitan Council has determined that
planning for future airport needs should proceed on two tracks.
• Capacity of the existing airport should be maximized.
• Planning for a new airport. should begin immediately, including site
selection and landbanking.
The Metropolitan Council recommended, the two -track approach because the
process required to site, plan, construct and place a new airport in opera-
tion is very long and complex. If the process is not begun now, there is a
real chance that the region could suffer severe economic loss resulting
from the lack of adequate air transportation facilities.
Metropolitan Airports Commission Study
MAC's study?/, as directed by the Legislature, focussed on a ten -year
horizon., MSP 2000+ addressed airport capacity from the standpoints of
1/ Is the Airport Adequate? Report of the Minneapolis /St. Paul
International. irpor equacy Study Advisory Task Force to the
Metropolitan Council, October 1988.
2/ MSP 2000 +, Airport Master Plan Update, Metropolitan Airports
Commission, December 1988.
Request for Proposal
MSP International Airport Adequacy Study
February 3, 989
Page 3
airside capacity (runways, taxiways, apron space), terminal capacity
(gates, baggage handling, ticketing, queuing space, waiting space), and
landside capacity (curbside loading /unloading, parking, public transpor-
tation, traffic flow, access via the regional highway system).
The study found that air traffic expected in the Year 2000 would require
airport facilities improvements in several areas:
• Airside: Runway 4 -22 extension, and taxiway and apron improvements.
• Terminal: additional gates, baggage handling space and ticketing
space.
• - Lan dside: additional curbside_ space and parking capacity, upgrading
of public transportation facilities, reconstruction of terminal area
roadways to serve new terminal facilities.
MSP 2000+ found that air traff is expected to occur in the Year 2000 can be
adequately query served by, existing runways. This conclusion represents the
basic difference between the Metropolitan Council's Airport Adequacy -Study
and the Metropolitan Airports Commission's MSP 2000+ Master Plan Update.
MAC Commissioners have adopted the position that the two -track strategy
proposed by the. Metropolitan Council is the most reasonable approach to
planning for future airport needs. The Commission also agreed to conduct
an analysis of the need for and the feasibility of a new North -South run-
way.
STUDY OBJECTIVE
The Metropolitan Council and-the Metropolitan Airports Commission analyzed
the same airport using the same base data and the same basic forecasts, yet
came to different conclusions regarding the ability of MSP airport to serve
air traffic volumes expected in the Year 2000 and the nature of airside
improvements necessary to serve expected air.traffic.
The objective of this study is to review the work of both agencies, supple-
ment the work completed to date with additional analysis where necessary,
and develop conclusions regarding:
• Volume and mix of air traffic which will use MSP Airport during the
forecast period.
Capability of MSP Airport to accommodate that traffic and alternative
means of enhancing the airport's capacity.
Request for Proposal
MSP Internationa Airport Adequacy Study
February 3_,__T9-89
age 4
• Economic impact of.relocation of the existing airport on opportunities
for economic growth by existing and future commercial and service
businesses in Bloomington and Richfield..
• Interaction between the Twin Cities region and other regions with
respect to demand for air travel and the ability of each region to
accommodate that demand.
• The economic and environmental impacts and benefits of the North -South
runway alternative on the communities, -
e The impact of creating an additional growth center around a new air-
port.
•. Recommendations for Legislative and /or agency actions related to
meeting future air travel needs in the Twin Cities market.
When the results of the analysis conducted in this study differ substan-
tially from the results of the Metropolitan Council study or the
Metropolitan Airports Commission study, the Consultant team will be
expected to identify alternative assumptions, data sources, analysis metho-
dologies, or resources which support the team's conclusions.
STUDY METHODOLOGY
The question of the adequacy of MSP Airport and the alternatives available
for expanding its capacity - have been analyzed by two independent and com-
petent agencies and their consultants. The analyses reached different
conclusions. In order to achieve credibility, an additional analysis must
mobilize recognized expertise.
Expert Panel
This study will utilize an' Expert Panel composed of knowledgeable and
recognized experts in each of the relevant areas of interest in airport
planning. The panel is expected to include experts in the areas of:
• Airline Industry Economics
• Air. Travel Forecasts
• Airfield Capacity
9 Airfield Design
• Terminal Capacity
• Terminal Design
• Landside Capacity
• Landside Design
9 Aircraft Noise
Request for Proposal
MSP International Airport Adequacy Study
February 3, 1989
Le 5
9 Land Use Planning and Development
• Urban Economics
• Airport Infrastructure Capacity
• -- Airport Infrastructure Design
The Expert Panel will be assembled by the project leader. The panel will
include recognized and respected experts from the airline industry, from
government, from academic institutions, and /or from the consulting field.
Individual team members are likely to possess significant experience in
more than one area, and it is therefore expected that proposers panels
will include about five to six members. Each member of the proposed team
will be expected to contribute to the analysis both within the member's
area of .special expertise, and as a seasoned observer of the commercial
airline business who recognizes the interrelationships among all areas of
expertise.
Even though the Metropolitan Council and the Metropolitan Airports
Commission have each conducted extensive analysis of the airport, this
study is not expected to merely review and comment on those analyses. It
is expected that this analysis will uncover as yet unused base data_and /or
modify or refine previous work in ways which may influence the outcome of
the analysis.
It is anticipated that a panel of experts will bring a fresh perspective to
the issues, scope the analysis to crucial issues, formulate and.execute the
analysis required to identify and support alternative.assumptions or analy-
sis methodologies, and document those findings for referral to the
Metropolitan Council and the Metropolitan Airports Commission for con-
sideration.
Study Management
A key.factor in execution of. this project will be the management and coor-
dination of the panel of experts and other study resources. Although
experts are fully capable of carrying out the analysis required within
their areas of expertise, the project leader will be responsible for coor-
dination of those efforts, for facilitating the interaction of experts, for
preparation and distribution of study products, and for interface with
client representatives.
WORK PROGRAM
The work program consists of six tasks. The study will emphasize iden-
tification of pivotal issues, reduction of scope, and focused analysis.
Request for Proposal
MSP International Airport Adequacy Study
February 3, 1989
age 6
Task 1 - Review Available Data
The client will provide the consultant team all available information
related to. key study issues, including analyses prepared by the
Metropolitan Council and the Metropolitan Airports Commission. The con-
sultant will review this data as well as any other relevant studies
_available to the team.
Although detailed review of the work previously conducted by the
Metropolitan Council and the Metropolitan Airports Commission is expected,
collection of data from primary sources and independent analyses are fun-
damental aspects of the project.
If the consultant team requires any additional information to conduct the
study, those needs will be referred to the client. The client will provide
that information to the extent possible.
Task 2 - Identify Key Issues - Expert Panel
The number of issues which have been raised during the execution of studies
by the Metropolitan Council and the Metropolitan Airports Commission is
large and wide ranging. It is likely that those issues could be reduced in
number in a scoping process which would bring the study to focus on those
issues which most strongly influence the conclusion regarding airport ade-
quacy.
The responsible expert in each issue area will evaluate available infor-
mation regarding that issue, and conduct additional research and analysis,
if required. An issue description paper will be prepared which describes
the issue, available related data and analysis conducted to date. The
paper will present a recommendation to the Client as to whether that issue
should be considered a pivotal issue and studied in detail.
Issue description papers will be submitted to the client. The client will
reproduce and distribute the papers to all panel members for review.
The Expert Panel will convene for its first meeting when all recommen-
dations have been circulated and reviewed by all other experts and the
Client. The first meeting will:
o Select the pivotal issues from among the universe of issues originally
identified.
o Set parameters for in -depth analysis.
Request for Proposal
M P International Airport Adequacy Study
February 3, 989
age
It is anticipated that a maximum of five pivotal issues will be. selected
for detailed analysis.
Task 3 - Prepare Issue Analysis Papers
Pivotal issues will be subjected to detailed analysis. Issue analysis
papers will describe base assumptions and data, and analysis methodology
and alternatives. The analysis will be carried to the point where clear
and.relevant differences between this analysis and that conducted by the
Metropolitan Council or the Metropolitan Airports Commission are iden-
tifiable and supportable. Analyses will be thoroughly documented. Each
issue paper will include discussion of any differences between its conclu-
sions and those of previous analyses.
Issue papers will be submitted to the. client. The client will reproduce
and distribute the papers to all panel members for review and comment.
Task 4 - Review Analysis
Each issue paper will be critically reviewed by all panel members. Through
the project leader, panel members will work toward consensus regarding the
appropriateness and consistency of the assumptions, procedures and conclu-
sions contained in each paper.
Panel members will identify any refined or additional analysis required
prior to reaching conclusions.
Task 5 - Refine Analysis and Formulate Conclusions
Panel members will conduct any refined or additional analysis required.
Each panel member will then prepare a draft of findings and conclusions
which reflects the expert's perspective.
Draft findings and conclusions will be submitted to the client. The client
will reproduce and distribute the draft findings and conclusions to all
panel members for review and comment prior to the panel meeting.
Task 6 - Expert Panel: Conclusions and Report
At the panel meeting, members will draft findings and conclusions regar-
ding:
o Volume and mix of air traffic which will use MSP Airport during the
forecast period.
U
Request for Proposal
MSP International Airport Adequacy Study
February 3, 1989
Page 8
• Capability of MSP Airport to accommodate that traffic and alternative
means of enhancing the airport's capacity.
• Economic impact of relocation of the existing airport on opportunities
for economic growth by existing and-'future commercial and service
businesses in the communities.
• Interaction between the Twin Cities region and other regions with
respect to demand for air-travel and the ability of each region to
accommodate that demand.
• The.economic and environmental impacts and benefits of the North -South
runway alternative on the communities.
• The impact of creating an additional growth center around a new air -
port.
• Recommendations for Legislative and /or agency actions related to
meeting future air travel needs in the Twin Cities market.
When consensus is reached, the Consultant will prepare a report which docu-
ments the study process and findings and conclusions.
The consultant will provide camera -ready copy of the report to the client
for printing and distribution.
PRODUCTS
The Consultant will produce papers at three points:
• Issue Description Papers - For review and discussion by the panel in
order to identify key issues for detailed analysis.
•• Issue Analysis Papers - In -depth analysis of key- issues.
• Report - Full documentation of process, findings and recommendations.
SCHEDULE
The project is to be completed,-within six months of authorization to
proceed. The study is expected to conform to the schedule listed below.
• February 7, 1989 Request for proposals issued.
0
Request for Proposal
M P nternationa lrport Adequacy Study
February 3, 1989
Page 9
• February 16, 1989 Prepropasal Conference
2:00 P.M., C.S.T.
Council Chambers
Richfield City Hall
6700 Portland Avenue
Richfield, Minnesota'
• March 6, 1989 Deadline for receipt of proposals.
• March 21, 1989 Interview selected.consultant teams.
• March 24, 1989 Consultant selected.
• April 3, 1989 Authorization to proceed issued.
• June 1, 1989 Task 2 complete; Expert Panel meets.
• September 1, 1989 Task 5 complete; Expert Panel meets to review
conclusions and recommendations.
• October 1, 1989 Report issued, study complete.
BUDGET
The budget established to fund all consultant services and expenses is
$100,000.00.
PROJECT MANAGEMENT
The project will be managed by a representative of the City of Bloomington
and a representative of the City of Richfield.
PROPOSAL CONTENTS
The .proposal will identify all members of the expert panel, and present
their qualifications. The proposal should specifically describe how and by
whom the project will be managed. Proposals will be a maximum of thirty
pages in length.
f
Request for Proposal
MSP Internationa Airport Adequacy Study
February 3, 1989
Page 10
EVALUATION CRITERIA
Two principal criteria will be used to evaluate proposals to conduct this
project:
• Level of experience and expertise represented by members of the expert -
panel.
• Method proposed to manage and coordinate the work of the expert panel.
A Report to the rMinriesota 'Legislature
v
TWIN-CITIES.,
'AIR = TRAVEL
A STRATEGY..-,FOR'GROWTH
,.
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RESPONDING TO AIR - TRAVEL AND
ECONOMIC NEEDS OF THE 21ST
CENTURY
At the request of the 1987 Minnesota Legislature, the Metropolitan
Council has completed an evaluation of the long -range air - transportation
needs of the Twin Cities Area and whether our major airport is adequate
to meet those needs. The evaluation has clearly. demonstrated that we are
using up our existing airport capacity faster than anyone had thought.
There is a significant risk of the demand for air travel exceeding _he
current airport's capacity to handle it in the next 10 years. Even if every
reasonable capacity enhancement is made at the existing airport, there is
a significant risk that we will exceed even that capacity in the next 20 years.
It is also clear that if demand exceeds capacity, the region risks losing
substantial economic gains over the next several decades. Although we
believe these projections to be the most accurate possible, projections over
10 -year or 20 -year periods are inherently unreliable. We cannot be sure that
we will need airport capacity as soon as the projections indicate or that we
won't need even more capacity than-'the projections indicate.
The loss to the region in economic activity, should we be unable to meet
demand, could exceed $1.5 billion per year. The cost to build a new
airport, if we don't need one, could exceed $3 billion. Clearly, the penalty
for making a mistake in planning for meeting airport demand is very serious
and it is impossible to know this far in advance what the right decision is
likely to be 20 years from now. As a result, the Council is recommending
a contingency planning process to make sure that the region is prepared
to make the most economical decision about whether or not a new airport
is needed.
The process involves pursuing a two -track planning strategy to prepare the
region for any contingency (see Figure 1). "Track A" calls for expanding
capacity at Minneapolis -St. Paul International Airport, while "Track B" calls
for identifying a site on which to build a new airport if and when it is need-
ed. Both tracks are needed if the region is to be protected from powerful
adverse economic consequences that could occur as a result of future
developments in air travel.
The timing of specific decisions in both tracks will be guided by the exten-
sive contingency planning and monitoring process. Decisions concerning
when a new runway should be added to MSP, or when to build a new air-
port, will be based on annual contingency planning reports, to be published
Decisions about the airport
will have vital implications for
the economic competitiveness
of the region, the state and
the Upper Midwest for
decades to come.
Steve Keefe
Chair, Metropolitan Council
L�_P
beginning in 1989. The annual assessments, produced by the Council with
extensive help from the airports commission, will examine air - travel forecasts,
timing and overall progress.
The Council held over 30 public meetings in October and November to pre-
sent the strategy, originally formulated by the Council's 35- member Airport
Adequacy Task Force. The task force developed the strategy in an open and
public fashion, soliciting ideas and opinions from people representing the
aviation industry; affected communities; the business community; federal,
state and regional agencies; expert panels and the general public. While
the open process has generated a variety of viewpoints, we believe that there
will be broad support for the two -track strategy.
The Council and the Metropolitan Airports Commission have been work-
ing cooperatively to integrate their plans for the airport's future.
Decisions about the airport will have vital implications for the economic com-
petitiveness of the region, the state and the Upper Midwest for decades to
come. This is why we ask you to consider carefully these recommendations
and the reasoning behind therrt. We need to act wisely, perhaps boldly, and
in a timely fashion. The Council and I are available to provide you with the
information needed to make the best possible response to the region's air -
travel and economic needs far into the 21st century.
Sincerely,
Sl
Steve Keefe
Chair, Metropolitan Council
r—m-wErm"*
TWIN CITIES AIR TRAVEL:
A STRATEGY FOR GROWTH
BACKGROUND
The Metropolitan Council was directed by the 1987 Legislature (1987 Minn.
Laws Ch. 223, Sec. 4) to assess the long -term adequacy of Minneapolis -
St. Paul International Airport (MSP) to meet the aviation needs of the Twin
Cities Area through the year 2020.
In April of 1987 the Council appointed a 35- member MSP Adequacy Study
Advisory Task Force. The task force included representatives from the avia-
tion industry; affected communities; the business community; federal, state
and regional agencies; and the general public.
The major findings of the task force were:
• The long -term economic health and growth of the Metropolitan Area and
its multi -state economic region depends on a high level of commercial
air service.
• A high probability exists that growing demand for aviation services will
exceed the capacity of MSP within 10 years.
• The Metropolitan Area risks foregoing substantial economic gains if air-
port capacity is not expanded in a timely fashion over the next 30 years.
• Runway and taxiway capacity form the major long -term constraints on
growth at MSP. Terminal capacity and ground access to it also constitute
significant constraints.
• Even with the steady introduction of quieter aircraft, a growing frequen-
cy of flights will increase noise stress on most surrounding communities,
affecting more households over time.
The major recommendations of the task force can be summarized as follows:
• The Council should establish a contingency planning process to monitor
trends annually and to adjust the timing of the selected strategy to cope
with unfavorable events or favorable opportunities.
• The Council and the Metropolitan Airports Commission should initiate
immediately a dual -track strategy that calls for enhancing capacity at MSP
(Track A) while keeping the new airport option open by banking land
(Track B) .
• In order to implement this dual -track strategy, the 1989 legislature should
direct the Council and the MAC to adopt by December 1989 an inter-
governmental agreement. The agreement should specify responsibilities,
a timetable for action, a process for implementation and a process for
an annual contingency planning assessment.
'The Council held seven public information and public comment meetings
throughout the Metropolitan Area during November. In addition, the Coun-
Figure 1
STRATEGY TO MEET LONG-TERM AIRPORT NEEDS OF THE TWIN CITIES AREA
1988' 1989 1990 1995 2000 2005 2010 2020
Phase One t Phase Two i t
CONTINGENCY PLANNING. ANNUALLY ASSESS FORECASTS, TIMING AND PROGRESS OF WORK ON TRACKS A AND B
• MSP Adequacy
• Metropolitan
Task Force
Council and
reports to
Metropolitan
Metropolitan
Airports
Council
Commission
adopt an
• Metropolitan
intergovern-
Council
mental
reports
agreement
recommenda-
by July 1,
tions to
1989
Legislature
• First annual
contingency
planning
assessment
completed
• Metropolitan
Council
revises
regional
aviation
plan
4
TRACK A: IMPROVEMENTS AT MSP
• Extend Runway 4/22, add taxiways j
• North -South runway (design,
do EIS, acquire land, build)
a
• Master Plan Update Improvements------------------------ - - - - -I
• Part 150 noise abatement program------ - - - - -- -
• Improve reliever airports ------------------------- - --------------------
• Reduce demand for flights during peak hours-------- - - - - -'
• Metropolitan Airports Commission submits long -range
comprehensive plan to Metropolitan Council in 1990 - - - --
TRACK B: NEW AIRPORT OPTION
• Identify search area by 1991
• Select site by 1995
• Initiate airport zoning act
• Acquire site
• Protect site
• Develop MSP reuse strategy
• Choose
between more
MSP expansion
or immediate
new airport
J development
i
• Far Parallel run-
way (design, do
EIS, acquire, build
• Part 150 noise 1
abatement
program
1
• Improve reliever i
airports
• Reduce peak -hour
flight demand
• I-Iold land for new
carport_
• Build new airport
I
• Close MSP {
• Implement 1
MSP reuse
strategy j
I
.. f
i
RR
cil sent out 7,500 copies of a summary of the task force study and recorn-
me,ndations to local officials, the business community and other interested
people. At the two public comment meetings the Council heard a diversity
of viewpoints but there was overwhelming support for the dual -track strategy.
The Council's Transportation Advisory Board reviewed the report in depth.
While supporting the strategy, it made a number of specific comments
regarding the integration of the aviation plans of the Council and the MAC,
the proposed intergovernmental agreement and the annual contingency
planning process. Many of the comments and concerns expressed during
the hearing process are reflected in the discussion and recommendations
below.
4 s
ado
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DISCUSSION
The dual -track strategy supports goals and policies in the Council's Avia-
tion Development Guide Chapter. Those goals and policies emphasize the
need to develop, operate and maintain an aviation system that enhances
the quality of life and helps promote the economic growth of the region.
They also emphasize the need to provide aviation facilities and services that
produce a minimal adverse effect on the physical environment in a safe,
efficient and economical manner.
The cornerstone of the dual -track strategy is an annual contingency plan-
ning process that will analyze the appropriate timing, magnitude and
cost - effectiveness of public investment for both Track A and Track B. The
Council, with the direct participation of the MAC, should prepare an an-
nual assessment to ensure that there is a balance between tracks and that
neither overinvestment at MSP nor a premature move to a new replacement
airport occurs. Criteria for the contingency planning analysis are identified
in the task -force report.
Track A of the strategy involves making capital and operational im-
provements at MSP. These include runway extensions and additions,
passenger terminal and ground access improvements, noise abatement
programs, demand - management techniques, and improvements in the
region's "reliever" airport system. It is particularly important that policies
regarding land use compatibility, environmental impacts and safety stand-
ards be followed in the implementation of Track A.
Track B involves the identifying of a search area, locating, designing, and
acquiring a site for a new major replacement airport for the Metropolitan
Area and the state. There are strong indications that the region will need
more capacity than could be built at MSP. Looking long -term into the 21st
century and based upon the projections developed for the Airport Adequacy
9A}
Study, a new replacement airport will be needed to provide the high level
of service the regional and state economies will require. In the meantime,
prudent, cost - effective enhancements are possible at MSP.
In regard to Track B, the Council's Aviation Development Guide Chapter
raises a number of questions about the major airport search area issue. The
task force study effectively addressed those questions regarding growing
demand for capacity, economic impacts and environmental impacts. In order
to facilitate the implementation of Track B, the Council should amend its
Aviation Chapter prior to initiating the identification of a search area.
Concerns have been raised about making investments at MSP while prepar-
ing for a possible move to a new airport rather than moving directly to a
new airport. However, building a new airport could be justified only if addi-
tional aviation demand actually materializes. Also, because of the long time
required to develop a new site, the region should be prepared to satisfy,
to the extent possible, additional demand for capacity at MSP. In other words,
it is critical to maintain a balanced approach between enhancing capacity
at MSP and keeping the new airport option open. Furthermore, the cost -
benefit analysis conducted in the MSP Adequacy Study -indicates that
capacity enhancements at MSP would produce significant economic benefits
for the region and state.
Implementing the dual -track strategy will also require a cooperative
effort between the Council and the MAC. The two agencies should nego-
tiate an intergovernmental agreement to clarify roles and responsibilities
in implementing of the dual -track strategy. The agreement should also
specify a timetable for action, an implementation process and an annual
contingency planning process.
Successful implementation of Track A by the MAC requires integrating this
strategy with other planning activities the commission is currently under-
taking. The best way to achieve this would be to produce a long -term com-
prehensive plan for MSP incorporating the dual -track strategy, an update
of MAC's master plan for MSP and the MAC's 2000 + Task Force Study. As
part of the master plan update, the MAC should evaluate the new north -
south runway proposal and determine the most appropriate short -term
capacity improvements. The long -term comprehensive plan for MSP already
requested by the Council in its 1986 Aviation Development Guide Chapter
should be prepared beginning in 1989 and submitted to the Council in 1990.
Successful implementation of Track B requires that the Council and the MAC
identify a search area and select a site in the most expeditious manner. The
timing of acquisition and site protection, as well as the need for and timing
of new airport development, however, will be determined by the contingency
planning process.
The Council and the Airports
Commission should guard
against both overinvestment
at MSP and a premature move
to a new replacement airport.
The Council and Commission
should implement a dual -
track strategy that allows for
enhancing capacity at MSP
,bile keeping the new airport
,ption open.
1
MU1
P]
[mow i
RECOMMENDATIONS
That the Metropolitan Council express deep appreciation for the outstan-
ding contributions of the Airport Adequacy Task Force members and
members of the expert panels.
2. The Metropolitan Area and the state need to be assured on an annual
basis that this region has adequate air transportation service. Priority
should be placed on making investments and adjusting operational pro-
cedures to keep MSP adequate, and on meeting safety requirements
and air service needs with a minimum of airport- caused delay for as
long as MSP is the major airport. All applicable federal and state laws,
as well as policies developed by the Council and the MAC regarding_:
land use compatibility, environmental impacts and safety standards, -
should be taken into consideration in implementing the strategies'pro--=_-
posed in this report.
3. In the short term, if current projections prepared for the MSP adequacy
study materialize, keeping MSP adequate will require cpnstruction of
at least one new runway in the next 5 to 10 years in addition to the use
of demand - management techniques. These techniques include: 1) con-
tinued development of the "reliever" airport system for general avia-
tion and corporate aircraft, 2) schedule changes and depeaking opera-
tional practices by the airlines and specific implementation policies by
the MAC, and 3) pricing policies by the MAC.
4. In the longer term, from 15 to 30 years ahead, and if current projec-
tions developed for the MSP adequacy study materialize, the
Metropolitan Area will need either an additional runway at MSP or a
new airport. Therefore, the region should begin immediately to select
and secure a site. The site should be of adequate size to meet long -
range aviation needs and to minimize environmental impacts. The loca-
tion should serve the needs of existing urban development dependent
upon air transportation and future economic development of the region.
5. The Council and the MAC should implement a dual -track strategy that
allows for capacity enhancements at MSP (Track A) while keeping the
new airport option open (Track B) as a balanced response to continued
aviation growth.
6. In order to implement this dual -track strategy, the Council and the MAC
should immediately negotiate and adopt by July 1, 1989, an intergovern-
mental agreement. The agreement should contain specific respon-
sibilities, a timetable for action, a process for implementation and a
process for annual contingency planning assessments. Specifics of the
0
rat T
intergovernmental agreement are contained in subsequent
recommendations.
By 1995, the region will be in
a better position to choose 7. Expanding MSP's capacity (Track A) should begin immediately with
between whether to 1) con- the implementation of the current capital improvement program, in-
' expanding cluding the extension of runway 4 -22, ground access and terminal facility
tpa ci and hold land d for or a a improvements, implementation of other appropriate elements of the
new airport, or 2) build a new MSP master plan update and the Part -150 Program for noise abatement;,
airport, close MSP and plan enhancement of the reliever airport system to handle corporate and
for its reuse. general aviation traffic diverted from MSP; and implementation of
demand - management strategies designed to maximize the capacity
at MSP. In the 5- to 10- year time frame and if current projections
materialize, a new north -south runway (with operations only to the south)
or a comparable capacity improvement should be built and made
operational, with exact timing to be determined by the annual con-
tingency planning process.
8. Work on Track B (new airport option) should begin immediately with
the following steps:
a. The Council should initiate a new airport search area process in
July 1989 with a target date for completion of 1991 and the MAC
should conduct a new airport conceptual design study as input for
the search area process;
b. Within 120 days of the Council's official designation of a search area,
the MAC should begin the site selection process by identifying a
new airport development site, developing the new airport design
requirements including runway layout and terminal design options,
and conducting the necessary environmental impact statement pro-
cess, with a target date for completion of 1995;
c. The Council should initiate, as soon as practicable, provisions of
the Major Airport Zoning Act and other measures to protect the site
and ensure compatible land use development around the site;
d. The Council, in conjunction with the affected communities, should
implement land use controls developed under the Major Airport Zon-
ing Act as soon as the specific site is selected;
e. The Council and the MAC, in consultation with the adjacent com-
munities and affected state and federal agencies, should develop
a plan for the reuse of MSP, including agreements with the military
(U.S. Air Force and Minnesota Air National Guard) on location of
10 their operations;
Upon completion of step b. above and as justified by the
contingency planning process, the Council and the MAC should
seek legislative approval to proceed with land acquisition as re-
quired by Minn. Statutes 473.641, subd. 3, and other appropriate
site controls; and
g. Immediately after receiving legislative approval the MAC should
acquire the new airport site and negotiate appropriate interim use
agreements to recoup to the maximum degree practicable the
holding costs.
9. The annual contingency planning process should begin in 1989, assess-
ing factors relevant to both Track A and Track B to ensure a balanced
approach and cost - effective implementation. Air transportation trends,
factors that may affect the timing and scaling of airport investments and
progress /problems in implementing the dual -track air transportation
strategy should be monitored. The Council should be the lead agency
in preparing the annual assessment report. The MAC should be directly
involved in the contingency planning process and should have input
in the preparation of the annual report, as it relates to both tracks. The
MAC should continue to determine the design, operation and finan-
cial specifics of capital improvement program items.
10. The contingency planning process should determine, beginning in 1995,
the timing and scope of implementing Phase II of the long -term avia-
tion strategy in the MSP adequacy study. One of two general courses
of action should be chosen: 1) continue to enhance MSP capacity and
to hold the banked land for long -term future airport development, or
2) develop a new replacement airport, develop and implement transi-
tion strategies to close MSP and then implement a reuse strategy for
MSP.
1 1 . During 1989, the Metropolitan Council should amend its Aviation Guide
Chapter to integrate the dual -track strategy and annual contingency
planning process. The MAC should, in 1989, integrate the dual -track
strategy, annual contingency process and findings and recommenda-
tions of the 2000 + Plan and MSP master plan study into a long -range
comprehensive plan and submit it to the Council in 1990.
Figure 2
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12 Source: Metropolitan Council
MTTROPOLITAN COUNCIL MEMBERS
Chair
District 6
District 12
Steve Keefe
Joan Campbell
Gertrude Ulrich
District 1
District 7
District 13
Liz Anderson
Mary Hauser
Dirk deVries
District 2
District 8
District 14
Mike McLaughlin
Donald E. Stein
Marcy J. Waritz
District 3
District 9
District 15
Charles William Wiger
Josephine D. Nunn
Mary K. Martin
District 4
District 10
District 16
Carol Flynn
John Evans
Patrick J. (Pat) Scully
District 5
District 11
David F. Fisher
Dottie Rietow
::.,
13
1
MARLENE JOHNSON
LIEUTENANT GOVERNOR
STATE OF MINNESOTA
OFFicE OF THE LIELn%NANT GOVERNOR
ST. PAUL 55155
February 24, 1989
The Honorable Fred Richards
4801 West 50th Street
Edina, MN 55424
Dear Mayor Richards:
Agenda Item VIII.0
The Perpich- Johnson administration has proposed a
major.new initiative to serve Minnesota's children and
families. As described in the enclosed booklet, the
Children's Agenda reflects a $65.7 million commitment to
child care programs and services, to physical and mental
health for children, to drop -out prevention, and to family
support and parenting education.
With more mothers working out of economic necessity,
and with more parents raising children in poverty, we are
faced with a growing crisis in family life. If we don't
address these problems now, we will pay the-lifelong
consequences of our failure ... and so will our children.
As Mayor, you are in a unique position to help
generate support for the Children's Agenda. That's why
I'm asking your help. We have enclosed a resolution
urging passage of the Children's Agenda. We would
appreciate your introducing it at an upcoming meeting of
your City Council. When it has been passed, please send
copies of the resolution to your local legislative
delegation, to the Governor and to my office.
We also ask that you notify local media when the
resolution is passed.
Your personal interest and advocacy will make an
important difference for Minnesota's children and
families.
Please don't hesitate to contact my office if you have
questions or suggestions. Thanks for your help.
Warm regards,
MARLENE JOHNSON
MJ /mk
Enclosure AN EQUAL OPPORTUNITY EMPLOYER
5^x''75
RESOLUTION IN SUPPORT OF CHILDREN'S AGENDA
WHEREAS, children are our most precious resource and
deserve to be our most urgent priority; and
WHEREAS, social and economic changes, including the
increase in mothers working out of financial necessity,
and the number of children living in poverty, have created
a crisis in the care of our children; and
WHEREAS, this crisis has been compounded by the lack
of affordable, quality day care, lack of health insurance
and lack of family support services; and
WHEREAS, the City of has a stake in seeing that
our children receive the care they need, and become
productive and contributing members of our community; and
WHEREAS, the Children's Agenda as proposed by the
Perpich- Johnson administration is an important first step
in Minnesota's response to the crisis in our families; and
WHEREAS, the Children's Agenda includes increased
funding for child care, for Head Start, for Early
Childhood Family Education, for physical and mental health
services for children, for family and parenting education
and for drop -out prevention;
NOW, THEREFORE, BE IT RESOLVED THAT THIS COUNCIL URGE
THE MINNESOTA - LEGISLATURE TO SUPPORT AND VOTE FOR PASSAGE
OF THE CHILDREN'S AGENDA,
AND FURTHER, THAT A COPY OF THIS RESOLUTION BE
FORWARDED TO MEMBERS OF OUR LOCAL LEGISLATIVE DELEGATION
AND TO THE OFFICES OF GOVERNOR RUDY PERPICH AND LT.
GOVERNOR MARLENE JOHNSON.
Governor Rudy Perpich, Room 130, State Capitol, St. Paul
55155
Lt. Governor Marlene Johnson, Room 121, State Capitol, St.
Paul 55155
MINNESOTA'S CHILDREN
A Generation in Cris
January 1989
MARLENE JOHNSON
LIEUTENANT GOVERNOR
STATE OF MINNESOTA
OFFICE OF THE LIEUTENANT GOVERNOR
ST. PAUL 55155
TO THE PEOPLE OF MINNESOTA
Minnesota has always recognized the importance of its
children and families. Our state is acknowledged as a
leader in developing intelligent and compassionate public
policy responses to the needs of its people.
.The Children's Agenda reflects an intensified
commitment by the Perpich- Johnson administration to
children and families. The entire package represents $55
million in new investment. However, it is important to
note that the proposed Agenda builds on several programs
funded for the current biennium, including:
* Current investment of more than $26 million in
subsidies for child care through the Child Care Fund.
* Current investment of $1 million in Head Start.
* Current investment of $15 million in Early Childhood
Family Education, serving 250 of the eligible children and
families.
* Establishment of the Children's Health Plan, which
enrolled over 2,000 children in the first two months of
the current biennium.
The Children's Agenda is the product of more than five
years of effort to build a commitment to children in both
the public and private sectors. Much hard work has gone
into its development, and more hard work will be necessary
if the proposals are to become reality.
Each of us has a responsibility to share in that
effort. I urge you to speak out for Minnesota's children
whenever and wherever you can.
The future of an entire generation is in our hands.
-'�- � TMA V,�(f ,, - q-
MARLENE JOHNSON
AN EQUAL OPPORTUNITY EMPLOYER
.1 7 S
MINNESOTA'S CHILDREN
A Generation in Crisis
Society in Transition
In Minnesota and all across our nation,
children are in a crisis. The fabric of society
has changed, and nowhere is that change
more dramatic than in the lives of our
families and children.
Societal change has meant that an increas-
ing number of children fail to reach their
creative and productive potential.
Minnesota's families are becoming more
independent and more isolated. This is the
result of several trends, including the in-
crease in families where both parents work,
and the increase in single - parent families.
In Minnesota, more than half of the
mothers with preschool age children work
outside the home. Nearly 70 percent of the
mothers with-children age 6 -17 are
employed outside the home.
For many of these women, working reflects
economic necessity. More and more
families depend on two incomes for sur-
vival., and our economy has become in-
creasingly dependent, on the productive
skills women bring to the workplace.
The effect of this major change in lifestyle
has been profound. Hundreds of thousands
of children in Minnesota come home from
school to empty houses in. empty neighbor-
hoods, a phenomenon that seldom existed
a generation'ago.
Many families with children lack the sup-
port systems formerly provided by the ex-
tended family and the community This
added stress on the family has heightened
the need for child care options, child
protection and intervention, and support
services.
In addition, a growing number of families
with children face economic hardship.
More than _100,000 Minnesota children
depend on public assistance to survive.
And nearly half of those children are under
the age of five. The sad fact is that one -third
of the people who live in poverty in Min-
nesota are children.
For these children, poverty means poor
nutrition, unacceptable or unsafe shelter,
and inadequate health care.
The lack of health insurance compounds
this problem. At any given time in the year,
an estimated 342,000 Minnesotans lack
health insurance; thirty percent of them are
children under the age of 18.
Lack of insurance translates directly into
reduced access to the preventive care so
vital to early childhood development. Poor
children are more likely than others to have
chronic physical health problems, to have
behavior problems, to do poorly in school,
to drop out, to become teen parents, or to
have other physical or emotional conditions
which interfere with healthy development.
The Forgotten Children
Statistics help us understand the scope of
the problem, but they can't show us what
life is like for these children. Numbers and
percentages don't even begin to reflect
their confusion and pain.
The children in crisis- are not just in our
urban centers. According to the Depart-
ment of Health's recent Adolescent
Health Survey, teens in rural" areas are
facing the same problems and reacting in
the same way as their urban counterparts.
The children in crisis are rural and urban,
male and female, black and white, and
Hispanic and Asian and Native American.
They are in trouble because we have forgot-
ten them.
How else can we explain the estimated
22,000 children under the age of three who
are left home alone each day while their
parents work?
How else can we explain the older children
at home alone after school... sitting in an
empty house or getting into trouble out on
the street?
How else can we explain the children who
reach out, day after day, asking for help?
Charles Dickens once said, "Virtue turns
from dirty stockings." Because the reality
was too painful to confront, we have often
turned away. But we can't afford to turn
away any more.
Children in the Eye of the Storm
The winds of change are blowing with the
force of a summer tornado on the Min-
nesota plain, and our children are in the eye
of the storm.
2
The number of children in youth shelters on
any given night has more than tripled since
1985.
The number of teen pregnancies has in-
creased steadily, and the mothers are get-
ting younger. Fifteen year -olds showed the
highest increase in births of any adolescent
age group between 1984 and 1986.
The number of teen deaths from suicide is
increasing at an alarming rate - we've seen
a 400 percent jump since 1970.
Nearly one -third of the students in junior
and senior high report that they use alcohol
at least monthly. We are seeing regular
alcohol use in children as young as seventh
grade - twelve year -olds. Seventeen per-
cent of our seniors in high school report
regular marijuana use, and two to five per-
cent report regular use of speed, am-
phetamines, cocaine, or crack.
Our children are getting into trouble with
the law as well. Juvenile arrests for violent
crime have increased dramatically ... from
375 in 1982 to nearly 600 arrests in 1987.
For minority children in Minnesota, things
are even tougher. Minority children are
four times more likely to live in poverty,
they're eleven times more likely to be
placed in an out -of -home setting or in a
correctional facility, and they're three times
more likely to die before they even get to
kindergarten.
The Children's Policy Academy
Minnesota has a tradition of cherishing its
children. We also recognize that our
children are our most valuable resource,
and that the problems they face now have
serious and long -term implications for our
state.
In 1988, a group of individuals representing
both the public and private sectors came
together to address these issues. Policy
makers, child advocates, elected officials,
and leaders in the corporate community
met to discuss Minnesota's response to the
crisis facing our children.
This talented and knowledgeable group
identified a series of policy goals which are
included in this booklet. The Academy also
developed recommendations for changes
in public policy - changes that address the
new realities facing our children and
families.
These recommendations form the basis of
our Children's Agenda.
THE CHILDREN'S AGENDA
The programs which comprise the
Children's Agenda fall into two general
categories.
First, the agenda includes a series of
programs to meet the basic needs of
children.
Second, the agenda includes a series of
programs to strengthen families.
Meeting the Basic Needs of Children
To meet these basic needs, we have
proposed an increased investment in a
variety of programs to provide care and
developmental support for children, in-
cluding a commitment of $16 million in
state money to the Head Start program, one
of the most successful and effective of all
3
child and family development programs. A
commitment of this magnitude will allow us
to serve 52 percent of the eligible children
in Minnesota, compared to the 30 percent
we serve currently.
Research has shown that programs like
Head Start make a critical difference in the
development of children. A study in
Ypsilanti, Michigan, tracked the par-
ticipants in an early childhood develop-
ment program for fifteen years. The results
of the study were definitive.
The savings showed up in reduced teen
pregnancies, reduced criminal convictions,
higher levels of educational achievement,
lower high school dropout rates, and less
dependence on public assistance. The
"alumni" of the early childhood program
also developed better work histories, more
stable employment, and better jobs at
higher wages.
A portion of that Head Start commitment
has been earmarked for a special early
childhood program targeted to homeless
children.
The evidence is clear. An investment in
Head Start today will help our children be-
come productive citizens tomorrow.
Child care programs and services are a vital
part of this proposal. We recommend an
increase of $12.4 million in the Child Care
Fund, to subsidize the cost of child care for
families working or going to school.
We know that quality, affordable day care
is one of our most critical needs in Min-
nesota, and the expansion of the Child Care
Fund will help meet that need.
e
However, the cost of child care is not the
only problem. As many families know from
grim experience, there is a shortage of child
care programs. In some parts of the state,
and for some types of specialized service,
that shortage is severe. To address that
need, we have proposed to increase the
Child Care Development Fund by $1 mil-
lion to help start up new child care
programs.
For children who need after - school care,
we recommend the establishment of an Ex-
tended Day Development Fund in the
amount of $1.5 million. The funds would be
available to schools or other nonprofit or-
ganizations for the development of after -
school programs. This fund is vital if we
want our children to spend their after -
school hours in a warm, safe, and supervised
learning environment instead of an empty
house.
The Children's Agenda also includes an
aggressive package of programs to prevent
dropouts, and to keep our children in
school. It has been conclusively proven that
dropping out leads to high, long -range costs
for society - costs associated with welfare
dependency, maintaining a corrections sys-
tem, unemployment and underemploy-
ment, and retraining programs.
In addition, the dropout phenomenon
creates a lack of adequately trained and
educated workers to fuel Minnesota's fu-
ture economic growth.
To address this problem, we have proposed
programs which will allow schools to serve
students at risk in a more flexible way. The
dropout prevention package includes:
4
• a program allowing the development of
alternative education formats for
children at risk of dropping out because
of their inability to cope with tradition-
al classroom approaches;
• a program enabling school districts to
hire more minority faculty to provide
support and role models for minority
students;
• new rules to assure that teen parents are
given . the support and flexibility they
need to complete high school; and
• a program to tie student job oppor-
tunities to the completion of school.
The dropout package also includes an em-
phasis on outcome -based education,
reflecting our concern that graduating stu-
dents be able to demonstrate mastery of
necessary skills.
.Our commitment to keeping children in
school has been articulated often by Gover-
nor Perpich as "96 by 96." The achievement
of a 96 percent graduation rate by 1996 is
one of the administration's foremost goals.
The Children's Agenda also includes a sub-
stantial new commitment to improved
physical and mental health services. Every
child in Minnesota has a right to quality
health care. In this state, health, especially
for children, will not be a matter of wealth.
We have proposed that the existing
Children's Health Plan, which covers low -
income children up to age eight, be ex-
panded to cover children up to age
eighteen, at a cost of $3.5 million. In addi-
tion, we propose expanded Medical Assis-
tance eligibility to serve more Minnesotans.
CI-IILDREI,'S AGENDA
1989 CHILDREN AND YOUTIi POLICY INITIATIVE
Early Childhood Family Education Child Protection and Neglect
Permonency Planning Subsidized Adoptions
Minority Parents and Children STRENGTHENING Homeless Teens
Sliding Fee Child Care FAMILIES
Schools Within Schools
Child Core Development Youth Community Service
Head Start Minority Faculty Fund
Extended Day Development CHILD CARE/ YOUTH Teen Parent /Child Transportation
Voc Ed Restructuring
Pre - Kindergarten Grants EARLY DROPOUT DJT Youth Employment/
Preschool Developmental Screening r School Completion
CHILDHOOD M NNESOT S PREVENTION Outcome -Based Education
CHILDRE
Children's Health Plan to Age 18
Children's Mental Health
Infant Mortality Reduction
Childhood Injury Reduction HEALTH CARE/
MENTAL HEALTH
CHILDREN'S AGENDA .GOALS:
1. Achieve 96% high school graduation rate by 1996.
2. All high school graduates hove basic skills
necessary for work or further education.
3. Provide for basic needs of all children:
Housing, Nutrition, Health Cc•�!, Parenting, Safety,
Self- Esteem, Growth.
4. Ensure support to families and children to avoid and cope
with high -risk behaviors
MANAGEMENT
Children's Consortium
Joining Forces: DHS, MDE, DJT
Child Support Collections
Title IV -E Collections
5. Support for parents in their role as parents by government,
employers, professionals, the community.
6. Structure education to meet individual needs and support
transition to self - sufficient adulthood
7. Strengthen link between education and job opportunities
8. Coordinate public, private, stale, and local efforts
to meet goals.
i ,a s.;I:1f:.•..�:�'i'I k•PAFSN�!t1�11�•Ml *Id`.r, ., �.
.i
Recognizing that mental health is a vital
element of the children's health equation,
we have proposed an expenditure of $3.5
- million to develop and pay for children's
mental health services, for family -based
mental health programs, and for
therapeutic foster care.
Strengthening Minnesota's Families
The second general category of programs in
the Children's Agenda is a series of efforts
to provide services and support for
Minnesota's families. Although the need is
far greater than our available resources,
these funds will allow us to provide im-
proved services in some important areas of
family life.
One proposal is new to Minnesota. We
have recommended the establishment of
neighborhood -based and operated Family
Resource Centers.
These Centers will help provide the kind of
support for families that used to exist
naturally within the community just a
generation ago. Family Resource Centers
will be places where families can find the
support and services they need in child care,
nutrition, parenting, and other vital aspects
of family life.
We have also proposed a substantial addi-
tional commitment - $3 million - to the
Early Childhood Family Education pro-
gram. Early Childhood Family Education
provides low- and middle- income families
with support and training in parenting.
What better service can we render to Min-
nesota children than to help their mothers
and fathers become better parents?
Despite our efforts, some children, espe-
cially adolescents, find it impossible to cope
5
with their family environment. Too often,
they run away and end up living on the
street. This agenda includes funds for
agencies and organizations- that provide
housing for homeless teens.
This budget also allows us to expand our
efforts to find foster or adoptive homes for
minority and special -needs children, and to
provide intensive services to families with a
history of child abuse and neglect.
Some parents care deeply about their
children, but are unable to cope with
parenting due to alcoholism or drug abuse:
For these families, we recommend the
development of special programs to pro-
vide on -site child care for women undergo-
ing treatment. Many mothers of young
children refuse or delay treatment because
they are fearful of placing their children in
foster care while in treatment. This pro-
gram will enable those who need treatment
to seek it without fear of losing their
children.
The Children's Agenda also reflects a com-
mitment to improved management of
children's programs. We have called for
the establishment of a permanent
Children's Commission, composed of
agency heads and others involved in
policymaking, to assure continued inter-
agency cooperation.
It's Up to All of Us
These are the bricks of the Children's
Agenda. They are the foundation upon
which the Perpich- Johnson administration
hopes to build a better life for Minnesota's
children and families.
But if they are the bricks, then the people
of Minnesota are the mortar. It will be up
to all of us to give these programs life and
shape and substance and meaning.
o
And we know it can be done. Long ago,
Minnesota established itself as a model for
the nation in addressing the needs of its
people. We have worked long *and hard to
create an economy that works, and to create
good jobs that support families.
We have worked hard to overhaul our tax
system, making Minnesota more competi-
tive and more responsive to the needs of its
citizens.
We have worked hard to support our family
farmers, and to help them cope with every-
thing from insensitive federal policy to
natural disasters.
Now we are facing our greatest challenge
yet.. An entire generation of Minnesotans
is depending on us for its future.
In the 19th century, Charles Dickens visited
a hospital for abused and starving children.
One child, a wistful little girl, caught his eye.
He describes what happened:
"I felt as though the child implored
me to tell her story to any gentle
heart I could address. Laying my
world -worn hand upon the little
unmarked hand clasped at her
chin, I gave her a silent promise
that I would do so."
Our challenge is to join in that promise.
Change begins inside each of us. In -our
homes, in our churches, in our businesses,
in our organizations, in our daily lives, we
must reach out to our children.
0
If each of us does that, we will make an
infinite difference... not just for one child,
but for all our children.
Hundreds of thousands of children are
waiting for us to act.
We must not let them wait any longer.
CHILDREN'S AGENDA POLICY GOALS
The Children's Policy Academy convened
by Lieutenant Governor Marlene Johnson
in 1988 identified a series of policy goals
which are reflected in the specific programs
contained in the Children's Agenda. Those
goals are:
• to achieve a 96 percent high school
graduation rate by 1996; 1
• to assure that all high school graduates
have the basic skills necessary for work
or further education;
• to provide for the basic needs of
children in nutrition, health care, hous-
ing, parenting, safety, self - esteem, and
growth;
• to ensure support to families and
children to avoid and /or to cope with
high -risk behaviors;
7
• To provide support for parents in their
primary role as parents from govern-
ment, employers, professionals and the
community;
• to structure education to meet in-
dividual needs and support the transi-
tion to self- sufficient adulthood;
• to strengthen the link between educa-
tion and job opportunities; and .
• to coordinate public, private, and local
efforts to meet these policy goals.
0
CHILDREN'S AGENDA BUDGET
MEETING BASIC NEEDS
Child Care /Child Development
Sliding Fee Child Care $ 11,800,000.0
Child Care Development $ 3,200,000.0
Head Start $ 16,000,000.0
Extended Day Development $ 1,500,000.0
Pre - Kindergarten Grants $ 1,000,000.0
Preschool Developmental Screening $ 2,000,000.0
Physical and Mental health
Children's Health Plan
$
3,630,000.0
Children's Mental Health
$
3,525,000.0
Infant Mortality Reduction .
$
348,000.0
Childhood Injury Reduction
$
512,000.0
Drop -Out Prevention
$
950,000.0
Schools Within Schools
$ '
0.0
Youth Community Service
$
2,000,000.0
Minority Faculty Fund
$
1,000,000.0
Teen Parent /Child Transportation
$
1,018,000.0
Vocational Education. Restructuring
$
1,500,000.0
DJT Youth Employment /School
Completion
$
1,500,000.0
Outcome -Based Education
$
3,735,000.0
STRENGTHENING FAMILIES
Early Childhood Family Education
$
3,000,000.0
Permanency Planning
$
2,800,000.0
Minority Parents and Children
$
370,000.0
Child Protection and Neglect
$
950,000.0
Subsidized Adoptions
$
750,000.0
Homeless Teens
$
500,000.0
CD/Women with Young Children
$
275,000.0
MANAGEMENT
Children's Commission $ 200,000.0
"Joining Forces" $ 700,000.0
Child Support Collections $ 1,700,000.0
Title IV -E Collections $ 240,000.0
8
MINNESOTA'S CHILDREN
A Generation in Cri!
January 1989
MARLENE JOHNSON
LIEUTENANT GOVERNOR
STATE OF MINNESOTA
OFFICE OF THE LIEUTENANT GOVERNOR
ST. PAUL 55155
TO THE PEOPLE OF MINNESOTA
Minnesota has always recognized the importance of its
children and families. Our state is acknowledged as a
leader in developing intelligent and compassionate public
policy responses to the needs of its people.
The Children's Agenda reflects an intensified
commitment by the Perpich- Johnson administration to
children and families. The entire package represents $55
million in new investment. However, it is important to
note that'the proposed Agenda builds on several programs
funded for the current biennium, including:
* Current investment of more than $26 million in
subsidies for child care through the Child Care Fund.
*'Current investment of $1 million in Head Start.
* Current investment of $15 million in Early Childhood
Family Education, serving 25% of the eligible children and
families:
* Establishment'of the Children's Health Plan, which
enrolled over 2,000 children in the first two months of
the current biennium.
The Children's Agenda is the product of more than five
years of effort to build a commitment to children in both
the public and private sectors. Much hard work has gone
into its development, and more hard work will be necessary
if the proposals are to become reality.
Each of, us has a responsibility to share iri that
effort. I urge you to speak out for Minnesota's children
whenever -and wherever you can.
The future of an- entire generation is in our hands.
MARLENE JOHNSON.
AN EQUAL OPPORTUNITY EMPLOYER
SAqPm75
MINNESOTA'S CHILDREN
A Generation in Crisis
Society in Transition
In Minnesota and all across our nation,
children are in a crisis. The fabric of society
has changed, and nowhere is -that change
more dramatic than in the lives of our
families and children.
Societal change has meant that an increas-
ing number of children fail to reach their
creative and productive potential,.
Minnesota's families are becoming more
independent and more isolated. This is the
result of several trends, including the in-
crease in families where both parents work,
and the increase in single - parent families.
In Minnesota, more than half of the
mothers with preschool age children work
outside the home. Nearly 70 percent of the
mothers with children age 6 -17 are
employed outside the home.
For many of these women; working reflects
economic necessity. More and more
families depend on two incomes for sur-
vival., and our economy has become. in-
creasingly dependent on the productive
skills women bring to the workplace.
The effect of this major change in lifestyle
has been profound. Hundreds of thousands
of children in Minnesota come home from
school to empty houses in empty neighbor-
hoods, a phenomenon that seldom existed
a generation ago.
Many families with children lack the sup-
port systems formerly provided by the ex-
tended family and the community. This
added stress on the family has heightened
the need for child care options, child
protection and intervention, and support
services.
In addition, a growing number of families
with children face economic hardship.
More than :100,000 Minnesota children
depend on public assistance to survive.
And nearly half of those children are under
the age of five. The sad fact is that one -third
of the people who live in poverty in Min-
nesota are children.
For these children, poverty means poor
nutrition, unacceptable or 'unsafe shelter,
and inadequate health care.
The lack of health insurance compounds
this problem. At any given'time in the year,
an estimated 342,000 _Minnesotans lack
health insurance; thirty percent of them are
children under the age of 18.
Lack of insurance translates directly into
reduced access to the preventive care so
vital to early childhood development. Poor
children are more likely than others to have
chronic physical health problems, to have
behavior problems, to do poorly in school,
to drop out, to become teen parents, or to
have other physical 'or emotional conditions
which interfere with healthy development.
.r
The Forgotten Children
Statistics help us understand the scope of
the problem, but they can't show us what
life is like for these children. Numbers and
percentages don't even begin to reflect
their confusion and pain.
The children in crisis are not just in our
urban centers. According to the Depart-
ment of Health's recent Adolescent
Health Survey, teens in rural areas are
facing the same problems and reacting in
the same way as their urban counterparts.
The children in crisis are rural and urban,
male and female, black and white, and
Hispanic and Asian and Native American.
They are in trouble because we have forgot-
ten them.
How .else can we explain the estimated
22,000 children under the age of three who
are left home alone each day while their
parents work?
How else can we explain the older children
at home alone after school... sitting in an
empty house or getting into trouble out on
the street?
How else can we explain the children who
reach out, day after day, asking for help?
Charles Dickens once said, "Virtue turns
from dirty stockings." Because the reality
was too painful to confront, we have often
turned away. But we can't afford to turn
away any more.
Children in the Eye of the Storm
The winds of change are blowing with the
force of a summer tornado on the Min-
nesota plain, and our children are in the eye
of the storm.
0
The number of children in youth shelters on
any given night has more than tripled since
1985.
The number of teen pregnancies has in-
creased steadily, and the mothers are get-
ting younger. Fifteen year -olds showed the
highest increase in births of any adolescent
age group between 1984 and 1986.
The number of teen deaths from suicide is
increasing at an alarming rate - we've seen
a 400 percent jump since 1970.
Nearly one -third of the students in junior
and senior high report that they use alcohol
at least monthly. We are seeing regular
alcohol use in children as young as seventh
grade - twelve year -olds. Seventeen per-
cent of our seniors in high school report
regular marijuana use, and two to five per-
cent report regular use of speed, am-
phetamines, cocaine, or crack.
Our children are getting into trouble with
the law as well. Juvenile arrests for violent
crime have increased dramatically ... from
375 in -1982 to nearly 600 arrests in 1987.
For minority children in Minnesota, things
are even tougher. Minority children are
four times more likely to live in poverty,
they're eleven times more likely to be
placed in an out-of-home setting or in a
correctional facility, and they're three times
more likely to die before they even get to
kindergarten.
The Children's Policy Academy
Minnesota has a tradition of cherishing its
children. We also recognize that our
children are our. most valuable resource,
and that the problems they face now have
serious and long -term implications for our
state.
In 1988, a group of individuals representing
both the public and private sectors came
together to address these issues. Policy
makers, child advocates; elected officials,
and leaders in the corporate community
met to discuss Minnesota's response to the
crisis facing our children.
This talented and knowledgeable group
identified a series of policy goals which are
included in this booklet. The Academy also
developed recommendations for changes
in public policy - changes that address the
new realities facing our children and
families:
These recommendations form the basis, of
our Children's Agenda.
THE CHILDREN'S AGENDA
The programs which comprise the
Children's Agenda fall into two. general
categories.
First, the agenda includes a series of
programs to meet the basic needs of
children.
Second, the agenda includes a series of
programs to strengthen families.
Meeting the Basic Needs of Children
To meet these basic needs, we have
proposed an increased investment in a
variety of programs to provide care and
developmental support for children, in-
cluding a commitment of $16 million in
state money to the Head Start program, one
of the most successful and effective of all
3
child and family development programs. A
commitment of this magnitude will allow us
to serve 52 percent of the eligible children
in Minnesota, compared to the 30 percent
we serve currently.
Research has shown that programs like
Head Start make a critical difference in the .
development of children. A study in
Ypsilanti, Michigan, tracked the par-
ticipants in an early childhood develop-
ment program for fifteen years. The results
of the study were definitive.
V' r -dollars a •
11
The savings showed up in reduced teen
pregnancies, reduced criminal convictions,
higher levels of educational achievement,
lower high school dropout rates, and less
dependence on public assistance. The
"alumni" of the early childhood program
also developed better work histories, more
stable employment, and better jobs at
higher wages.
A portion of that Head Start commitment
has been earmarked for a special ,early
childhood program targeted to homeless
children. .
The evidence is clear. An investment in
Head Start today will help our children be-
come productive citizens tomorrow.
Child care programs and services are a vital
part of this proposal. We recommend an
increase of $12.4 million in the Child Care
Fund, to subsidize the cost of child care for
families working or going to school.
We-know that quality, affordable day care
is one of our most critical needs in Min-
nesota, and the expansion of the Child Care
Fund will help meet that need.
However, the cost of child care is not the
only problem. As many families know from
grim experience, there is a shortage of child
care programs. In some parts of the state,
and for some types of specialized service,
that shortage is severe. To address that
need, we have proposed to increase the
Child Care Development Fund by $1 mil-
lion to help start up new child care
programs.
For children who need after - school care,
we recommend the establishment of an Ex-
tended Day Development Fund in the
amount of $1.5 million. The funds would be
available to schools or other nonprofit or-
ganizations for the development of after -
school programs. This fund is vital if we
want- `our children to spend their after -
school hours in a warm; safe, and supervised
learning. environment instead of an empty
house.
The Children's Agenda also includes an
aggressive package of programs to prevent
dropouts, and to keep our children in
school. It has been conclusively proven that
dropping out leads to high, long -range costs
for society - costs associated with welfare
dependency, maintaining a corrections sys-
tem, unemployment and underemploy-
ment, and retraining programs.
In. addition, the dropout phenomenon
creates a lack of adequately. trained and
educated workers to fuel Minnesota's fu-
ture.economic growth.
To address this problem, we have proposed
programs which will allow schools to serve
students.at risk in a more flexible way. The
dropout prevention package includes:
El
• a program allowing the development of
alternative education formats for
children at risk of dropping out because
of their inability to cope with tradition-
al classroom approaches;
• a program enabling school districts to
hire more minority faculty to provide
support and role models for minority
students;'
• new rules to assure that teen parents are
given the support and flexibility they
need to complete high school; and
• a program to tie student job oppor-
tunities to the completion of school.
The dropout package also includes an em-
phasis on outcome -based education,
reflecting our concern that graduating stu-
dents be able to demonstrate mastery of
necessary skills.
Our commitment to keeping children in
school has been articulated often by Gover-
nor Perpich as "96 by 96." The achievement
of a.96 percent graduation rate by 1996 is
one of the administration's foremost goals.
The Children's Agenda also includes a sub-
stantial new commitment to improved
physical and mental health services. Every
child in Minnesota has a right to quality
'health care. In this state, health, especially
for children, will not be a matter of wealth.
We have proposed that the existing
Children's Health Plan, which covers low -
income children up to age eight, be ex-
panded to cover children up to age
eighteen, at a cost of $3.5 million. In addi-
tion, we propose expanded Medical Assis-
tance eligibility to serve more Minnesotans.
C111
-1989 CHILDREI
Early Childhood Family Education
Permanency Planning
Minority Parents and Children
Sliding Fee Child Care
Child Core Development
Head Start
LDREN:1
VANDY
STREN(
FAN
Extended Day. Development CHILD CARE
Pre— Kindergarten Grants EARLY
Preschool Developmental Screening
cHILDHOOD M NNE
CHIT
Children's Health Plan to Age 18
Children's Mental Health
Infant Mortality Reduction
Childhood Injury. Reduction HEALTH CARE
MENTAL HEALTH
CHILDREN'S AGENDA GOALS:
1. ,Achieve 96% high school graduation rate by 1996.
2. All high school graduates hove basic skills
necessary for work or further. education.
3. Provide for basic needs of all children:
Housing, Nutrition, Health Ce -2, Parenting, Safety,
Self— Esteem, Growth.
4. Ensure support to families and children-to avoid and cope
I
with high —risk behaviors.
'S AGENDA
OUTII POLICY INITIATIVE
Child Protection and Neglect
Subsidized Adoptions
'THENING Homeless Teens
IILIES Schools Within Schools
Youth Community Service
Minority Faculty Fund
YOUTH Teen Parent /Child Transportation
Voc Ed Restructuring .
DROPOUT -DJT Youth Employment/
rc PREVENTION
School Completion
SOT S Outcome —Based Education
BREN
/ Children's Consortium
Joining Forces: DHS, MDE, DJT
Child Support Collections
MANAGEMENT Title IV-_E Collections
5. Support for parents in their role as parents by government,
employers, professionals, the community.
6. Structure education to meet individual needs and support
transition to self — sufficient adulthood.
E,
7. Strengthen link between education and job opportunities.
r
8. Coordinate public, private, state, and local efforts
to meet goals.
Recognizing that mental health is a vital
element of the children's health equation,
we have proposed an expenditure of $3.5
million to develop and pay for children's
mental health services, for family -based
mental health programs, and for
therapeutic foster care.
Strengthening Minnesota's Families
The second general category of programs in
the Children's Agenda is a series of efforts
to provide services and support for
Minnesota's families. Although the need is
far greater than our available resources,
these funds will allow us to provide im-
proved services in some important areas of
family life.
One proposal is new to Minnesota. We
have recommended the establishment of
neighborhood -based and operated Family
Resource Centers.
These Centers will help provide the kind of
support for families that used to exist
naturally within the community just a
generation ago. Family Resource Centers
will be places where families can find the
support and services they need in child care,
nutrition, parenting, and other vital aspects
of family life.
We have also proposed a substantial addi-
tional commitment - $3 million - to the
Early. Childhood Family Education pro -
gram. Early Childhood Family Education
provides low- and middle - income families
with support and training in parenting.
What better service can we render to Min-
nesota children than to help,their mothers
and fathers become better parents?
Despite our efforts, some children, espe-
cially adolescents, find it impossible to cope
W1
with their family environment. Too often,
they run away and end up living on the
street. This agenda includes funds for
agencies and organizations that provide
housing for homeless teens.
This budget also allows us to expand our
efforts to find foster or adoptive homes for
minority and special -needs children, and to
provide intensive services to families with a
history of child abuse and neglect.
Some parents care deeply about their
children, but are unable to cope with
parenting due to alcoholism or drug abuse.
For these families, we recommend the
development of special programs to pro-
vide on -site child care for women undergo-
ing treatment. Many mothers of young
children refuse or delay treatment because
they are fearful of placing their children in
foster care while in treatment. This .pro-
gram will enable those who need treatment
to seek it without fear of losing their
children.
The Children's Agenda also reflects a com-
mitment to improved management of
children's programs. We have called for
the establishment of a permanent
Children's Commission, composed of
agency heads and others involved in
policymaking, to assure continued inter-
agency cooperation.
It's Up to All of Us
These are the bricks of the Children's
Agenda. They are the foundation upon
which the Perpich- Johnson administration
hopes to build a better life for Minnesota's
children and families.
But if they are the bricks, then the people
of Minnesota are the mortar. It will be up
to all of us to give these programs life and If each of us does that, we will make an
shape and substance and meaning. -
infinite difference... not just- for one child,
but for all our children.
And we know it can be done. Long ago,
Minnesota established itself as a model for
Hundreds of thousands of children are
the nation in addressing, the needs of its
waiting for us to act.
people. We have worked long and hard to
create an economy that works, and to create
We must not let them wait any longer:
good jobs that support families.
We have worked hard to overhaul our tax
system, making Minnesota more competi-
tive and more responsive to the needs of its
citizens:
We have worked hard to support our family
farmers, and to help them. cope' with every-
thing from insensitive federal policy to
natural disasters.
Now we are facing our greatest challenge
yet. An entire generation of Minnesotans
is depending on us for its future..
In the 19th century, Charles Dickens visited
a hospital for abused and starving children.
One child, a wistful little girl, caught his eye.
He describes what happened:
"I.felt as though the child implored
me to tell her story to any gentle
heart I. could address. Laying my
world -worn hand upon the little.
unmarked hand clasped at her
chin, I gave her" a silent promise
that I would do so."
Our challenge is to join in that promise.
Change begins inside each of us. In our
homes, in our churches, in our businesses,
in our organizations, in our daily lives, we
must reach out to our children.
T
CHILDREN'S AGENDA POLICY GOALS
The Children's Policy Academy convened
by Lieutenant Governor Marlene Johnson
in 1988 identified a series of policy goals
which are reflected in the specific programs
contained in the Children's Agenda. Those
goals are:
• to achieve a 96 percent high school
graduation rate by 1996;
• to assure that all high school graduates
have the basic skills necessary for work
or further education;
• to provide for the basic needs of
children in nutrition, health care, hous-
ing, parenting, safety, self - esteem, and
growth;
• to ensure support to families and
children to avoid and/or to cope with
high -risk behaviors; ,
7
•. To provide support for parents in their
primary role as parents from govern-
ment, employers, professionals and the
community;
• to structure education to meet in-
dividual needs and support the transi-
tion to self- sufficient adulthood;
• to strengthen the link between educa-
tion and job opportunities; and .
• to coordinate public, private, and local
efforts to meet these policy goals.
CHILDREN'S AGENDA BUDGET
MEETING BASIC NEEDS
Child Care /Child Development
Sliding Fee Child Care
$ 11,800,000.0
Child Care Development
$
3,200,000.0
Head Start
$
16,000,000.0
Extended Day Development
$
1,500,000.0
Pre - Kindergarten Grants
$
1,000,000.0
Preschool Developmental Screening
$
2,000,000.0
Physical and Mental Health
Homeless Teens
$
Children's Health Plan
$
3,630,000.0
Children's Mental Health.
$
3,525,000.0
Infant Mortality Reduction
$
348,000.0
"Childhood Injury Reduction
$
512,000.0
Drop -Out Prevention
Schools Within Schools
$
0.0
Youth Community Service
$
2,000,000.0
Minority Faculty Fund
$
1,000,000.0
Teen Parent /Child Transportation
$
1,018,000.0
Vocational Education Restructuring
$
1,500,000.0
DJT Youth Employment/School
Completion
$
1,500,000.0
Outcome -Based Education
$
3,735,000.0
STRENGTHENING FAMILIES
200,000.0
$
Early Childhood Family Education
$
3;000,000.0
Permanency Planning
$
2,800,000.0
Minority Parents and Children
$
370,000.0
Child Protection and Neglect
$
950,000.0
Subsidized Adoptions
$
750,000.0
Homeless Teens
$
500,000.0
CD/Women with Young Children
$
275,000.0
MANAGEMENT
Children's Commission
it Forces ".
Child Support Collections
Title IV -E Collections
$
200,000.0
$
700,000.0
$
1,700,000.0
$
:240,000.0
This booklet was produced by Delta Dental, Inc. of Minnesota as a gift to Minnesota's children.
MARLENE JOHNSON
LIEUTENANT GOVERNOR
STATE OF MiNNEscvrA
OFFICE OF THE LIEUTENAw GOVERNOR
ST. PAUL 55155
February 24, 1989
Agenda Item VIII.0
The Honorable Fred Richards
4801 West 50th Street
Edina, MN 55424
Dear Mayor Richards:
The Perpich- Johnson administration has proposed a
major.new initiative to serve Minnesota's children and
families. As described in the enclosed booklet, the
Children's Agenda reflects a $65.7 million commitment to
child care programs and services, to physical and mental
health for children, to drop -out prevention, and to family
support and parenting education.
With more mothers working out of economic necessity,
and with more parents raising children in poverty, we are
faced with a growing crisis in family life. If we don't
address these problems now, we will pay the lifelong
consequences of our failure ... and so will our children.
As Mayor, you are in a unique position to help
generate support for the Children's Agenda. That's why
I'm asking your help. We have enclosed a resolution
urging passage of the Children's Agenda. We would
appreciate your introducing it at an upcoming meeting of
your City Council. When it has been passed, please send
copies of the resolution to your local legislative
delegation, to the Governor and to my office.
We also ask that you notify local media when the
resolution is passed.
Your personal interest and advocacy will make an
important difference for Minnesota's children and
families.
Please don't hesitate to contact my office if you have
questions or suggestions. Thanks for your help.
Warm regards,
MARLENE JOHNSON
MJ /mk
Enclosure AN EQUAL OPPORTUNITY EMPLOYER
S-�30 7s
0
RESOLUTION IN SUPPORT OF CHILDREN'S AGENDA
r
WHEREAS, children are our most precious resource and
deserve to be our most urgent priority; and
WHEREAS, social and economic changes, including the
increase in mothers working out of financial necessity,
and the number of children living in poverty, have created
a crisis in the care of our children; and
WHEREAS, this crisis has been compounded by the lack
of affordable, quality day care, lack of health insurance
and lack of family support services; and
WHEREAS, the City of has a stake in seeing that
our children receive the care they need, and become
productive and contributing members of our community; and
WHEREAS, the Children's Agenda as proposed by the
Perpich- Johnson administration is an important first step
in Minnesota's response to the crisis in our families; and
WHEREAS, the Children's Agenda includes increased
funding for child care, for Head Start, for Early
Childhood Family Education, for physical and mental health
services for children, for family and parenting education
and for drop -out prevention;
NOW, THEREFORE, BE IT RESOLVED THAT THIS COUNCIL URGE
THE MINNESOTA LEGISLATURE TO SUPPORT AND VOTE FOR PASSAGE
OF THE CHILDREN'S AGENDA,
AND FURTHER, THAT A COPY OF THIS RESOLUTION BE
FORWARDED. TO MEMBERS OF OUR LOCAL LEGISLATIVE DELEGATION
AND TO THE OFFICES OF GOVERNOR RUDY PERPICH AND LT.
GOVERNOR MARLENE JOHNSON.
Governor Rudy Perpich, Room 130, State Capitol, St. Paul
55155
Lt. Governor Marlene Johnson, Room 121, State Capitol, St.
Paul 55155
•
Af
REPORT /RECOMMENDATION
To: CITY COUNCIL
From: GORDON L. HUGHES
ASSISTANT CITY MANAGER
Date: MARCH 6, 1989
Subject:
PURCHASE OF WHITE OAKS
LOTS
Recommendation:
Agenda Item # VIII. `
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
❑
To Council
Action. 0
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Extend offer to Richard J. Andron and Andron. Inc., to purchase lots for
$26,600.00.
Info /Background:
On February 15, 1989. staff extended an offer to Kenneth J. and Barbara
Monroe for the purchase of Lot 1, White Oaks Third Addition and Lot 9,
White Oaks Second Addition. The proposed purchase price was $26,600.00.
The proposed Purchase Agreement contained an acceptance deadline of
March 3, 1989. To date, Mr. & Mrs. Monroe have not responded to our
offer.
On March 1. 1989, staff contacted John Koneck, an Attorney in
Minneapolis who previously represented Mr. & Mrs. Monroe. The purpose
of the call was to obtain a telephone number for the Monroe's at their
Chicago address. Mr. Koneck advised staff that the property in question
had been sold by Monroe's to Richard Andron approximately two months
ago. As such, he doubted that Mr. & Mrs. Monroe would be responding to
our offer. Mr. Koneck advised that the property had been sold via a
Contract for Deed. Apparently this Contract for Deed has never been
recorded with Hennepin County.
• Staff recommends that the same offer presented to the 111onroes should not
be presented to Mr. Andron. Although Mr. Andron may have paid
considerably more than our present assessor's estimated market value for
the tuts, we believe tY,at our offer should remain at S26.600.00.
o e ,.;.
0
1a..
REPORT /RECOMMENDATION
To: Mayor & City Council
From: Francis Hoffman
City Engineer
Date: 3 March, 1989
Subject: Set Hearing Dates:
Xerxes Ave. - Sidewalk
Blake Rd. - Storm Sewer and
Road Construction
Recommendation:
Agenda Item # VIII. G.
Consent 0
Information Only F-]
Mgr. Recommends ❑ To HRA
To Council
Action 0 Motion
❑ Resolution
❑ Ordinance
❑ Discussion
A. Set Hearing Date of March 20, 1989 for a sidewalk hearing on Xerxes Avenue
from West 60th Street to West 62nd Street.
B. Set Hearing Date of April 3, 1989 for a storm sewer and road construction
project on Blake Road.
Info /Background:
The City staff has determined that the following projects are feasible and
hearing dates should be set as follows:
March 20, 1989 Est. Cost
Sidewalk Xerxes Ave. from West 60th St. to West 62nd St. $ 24,378.48
Project is a petition project and proposed to be
funded by state and gas tax.
April 3. 1989
Storm Sewer Blake Rd. from Vernon Ave. to Pine Grove Rd. $835,833.86
& Road This project is a storm sewer change and road
Construction construction that would be funded by storm water
utility gas tax and assessment.
v
v
V
V
v
it
V
b
tA
•
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1989 L
OF EDINA
CHECK K .$TER
03 -06 -85
GE 1
PwrrW NA
nATP
AMOUNT
VENDOR
SCRIPTION
ACCOUNT NO--i
I
2
065701
02/23/89
15.95
GARDEN DESIGN
SUBSCRIPTION
10 -4204- 600 -60
2
3
4
6
s
065702
02/23/89
256.00
JUDITH A MICHALSKI
CENTENNIAL
10- 4201 - 508 -50
9318
I7
6
0
7
°
065703
02/23/89
69.12
J D PARSLEY
REFUND WATER BILL
40- 3800- 000 -00
9
11
°
_
69 10 m
12
10
13
"
065704
02/23/89
39.35
WM SHAFFER
REFUND WATER BILL
40- 3800 - 000 -00
14
10
t2
16
13
14
is
065705
_
02/23/89
S9.81
r
JOHN MARTINSON
REFUND WATER BILL
40 -3600- 000 -00
17
;o
zo
16
16
065706
02/23/89
26.34
34 •
METRO BANK
REUND WATER BILL
40- 3800 - 000 -00
21
23
z4
19
zo
21
065707
02/23/89
74.07
24 02 ■
JOHN BRANDT
-
REFUND WATER BILL
40 -3800- 000 -00
23
26 r
ze
22
-- -
BOB BRAMWELL
23
065708
02/23/89
38.00
TOOLS
30- 4580 - 782 -78
9322
31
3,
24
*
3
26
26
27
065709
02/23/89
44,360.00
PALANI CONSTRUCTION
BRAEMAR A FRAME
27- 1300 - 001 -00
33
33
36
28
29
30
** * * **
* * * —CKS
37
3 3D 6
40
31
065712
02/23/89
55.00
GARY SMIEJA
MACHINE WORK
10- 4540 - 560 -56
41
32
33
85.00
r3
34
065713
02/23/89
4,107.00
SUB CEMENT CONST INC
BRAEMAR BLEECHERS
10 -4248- 646 -64
9269
40
3s
36
4,107.00
a
47
46
37
065714
02/23/89
10.00
ASSO OF METRO
BFAST MEETING
10 -4206- 100 -10
q0
30
391
10.00
1
1'5
762
40
065715
02/23/89
31.55
J MICHAEL GALLERIES
CENT GIFT
10- 4201 - 508 -50
_
1450
41
42
31 .55 *
S4
33�
40
43
065716
02/23/89
1,500.00
VEAP
HUMAN SERVICES
10 -4201- 504 -50
Is
37
4°
1 , 500.00 *
IBD
0
47
!60
48
065717
02/23/89
500.00
DEPT OF NATL
DUES
40- 4310- 803 -80
E2
67
500.00 *
63
�.4
46
4D
065718
02/23/89
256.00
ROXANNE SEIDEL
PRO SERVICES
30 -4201- 781 -78
65
50
61
__
256.00 *
67
66
sz
065719
02/23/89
256.00
ROXANNE SEIDEL
PRO SERVICES
30- 4201 - 781 -78
70
53
74
256.00
„1
7z
3
065720
02/23/89
240.00
PALM BROS
SR CTR REMODELING
10- 4201 - 500 -50
47410 8572
��
36 6
77
065720
02/28/89
330.00
PALM BROS
TABLES
27- 4504 - 667 -66
47390 8490
76
,
a
y ..
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v
1989 CITY OF EDINA
un tr w unt wt
CHECK REGISTER 03 -06 -89 PAGE 2
urunne rTru n�o^nV077AU AnnAIIUT MA lklu Y O n Y M�QQAGC
—4
m -
2
3
570.00
*
2
7
�4
4
065721 02/23/89
7S.00
WM BAIRD COMP
PRINTING
23- 4600- 611 -61 121 9186
e
065721 02/23/89
80.00
WM BAIRD COMP
PRINTING
23- 4600- 611 -61 120 9187
71
°
AIRD COMP
PRINTING
23 -4600- 611 -61 119 9-87__—
4
e
242.00
*
go
°O -- 065722--- 02/;l3.t89 - - --
---230 79 -
ANIEL SMLTH _.
.-- ZOST-OF_ -COMM—
- -23- 4629:_ 613 -b1_- 2751.60-88.0- 4_..__
-4
230.79
*
t0
'2
06C7P7 02i23i89
74 -00
DARLENE SKARE
SCHOOL
10- 4202— t40 -14
141
74.00
•
to
" I -065 -724— p /p za9_
176 .25
LU C I LLE-SARTHOL--
- - -- AMBULANCE.
IZ?
18
17 7
176.25
*
-
22
'e
25 •02/x3/89
751-00
MRPA
SUES
10=4204- 600 -60
23 I
241
fD
20
751.00
*
25
I2a
2_'L —
- 065-726 ^a�pl�89
55Q_�Q
-NRP_A
a
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2e
22,
550.00
*
2°
23I
2a
d0 -0.0
SHRIN9 HOSPITAL
SERVIC S
30 -4224- 781 -78
31
3
2s
2e
40.00
+
--
3
74
27
_065728— 0 /23/89-
e"o
CAL HOIIN -- ISLES --
-- SERV_LCES
730 - 4224-781 -78
—.- 38
2e
2s
25.00
*
37
3e
30
0657P9 Or / 7184
18 -Q - OD
ROB —BENHAM _-
$ER5%10Eg
322 B.i=7B —
30
40
31
32
180.00
*
I42
33
065730 ^p�23/89
pAC 00
MARK 'ARSON
SERVICES
10-4224-781-7A
43
�•a
34
3s
265.00
*
4i
48
38
ERMI -CES
30- 4224 - 781 -78
47
4e
37
3e
50.00
to
4G
ISO
39
— A657?2 02/23/Ra
7S-00
MARI<-- RnLLMAN ---
SERVICES -_
3.0- 422138.1 -7
Isz
41
42
75.00
7cZ Ail
*
WEST RANK
30-4224-781-7A
sa
04
03
e8
43
44
75.00
*
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45
4 02/23/89
80 00--
-STEVE MEAGER
- SERVICES
30 -4224- 781 -7A
eP
_moo
46
80.00
*
e2
47
e3
°B
KELBON C C
SERVICES
30-4224-781-70
84
'99
'
100.00
*
ee
50
e --
Ab5736 02/23/89—
s^ 00
---
RONNIE- NEWMAN.--- .-----
..SERV.ICES- - -.
-_- 30_.9224- 78.1-78
--
°B�
-�-
- -- - eo
ez
93
5"
50.00
D
*
.InANN FUNK
SERVICES
30-4224-781-7A
71
72
s5
s8
50.00
to
73
74
6- D_SP_EEDOMETER___—
PARTS.. —_
77
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1989
OF EDINA
CHECK 1 BTER
03 -06 -8S .GE 3
1
r,Hrr-.I< Na
DATE
AMOUNT
VENDOR ITEM DESCRIPTION
ACCOUNT N0. INV. N P-0—AL S,
I
2
3
°
065739
02/23/89
106.87
115.00
*
SUPERIOR AMERICAN SUPPLYS
2
3�
10 -4504- 540 -54 50908 9132 e
3
115.00
*
7I
e
e
7
065740
02/23/89
114.72
A -Z RENTAL PK RIDGE PARTS
10 -4540- 560 -56 9039 a
e
114.72
*
++
10
11
-
lr'r+1 -CKS 13
14
12
.0.6974
0 / 3/89
_6Q0.00
CURATIVE SERV PAMELA_.PK HANDICAP
+e
10- 1.3Q�Q1�20 1O
f3
4
600.00
•
17
+e
13
0457_43
nP /P3/a9
.980_._.0-0.. -.- 1MAGF WATTCHES_I+IC WATCH —
19
30- 34.49 - 283 8_ zo
,6
480.00
�21
17
I27
18
65744
02/24/89
185 00
GOVT TRAINING SERV TRAINING
10 -4202- 420 -42 545 2a
fe
185.00
*
:e
zo
27
2'
0S&7AS_
h? /P4199
d0_..00
—NW CHAPTER _FgjNAA_ DUES_
10- 4204 - 420 -42 _._ 2e
22
40.00
*
23
31
24
�� Su PLYS
10- 4504 -420 -4 3x
25
76.60
*
133
34
26
137
27i
47
Op/g4/S9 _
13.23
PRESSWWRITE TROP1iIE8 SypPLYB
1 X4504- 430 -42 1011 -- 36I
26
29
13.23
*
3e
30
QQKING FEE
J9
— -2 0 -22 lao
3'
573.60
*
"
42
3'
33
— X65.749—
8PJ ?4 /_g9
d2 - 00
DON -ANGER CLOTHING ALLDWENCE
143
J0=Aefifi-4e0-4e 44
34
3e
42.00
*
46
36
120.00
L TRAINING
47
10 -4208- 420 -42 T0024T ae
37
36
120.00
*
leo
39
065751
02/2--4/99-
117 -0 -0
TC DjCTATIQN SERV SER_ViCE__CONTRACT
I51
10 -42AS 420 -42 14031 52
40
41
--
117.00
*
�5
42
PYPAlAq
49000
MONICA RUD_QUIST AC INST CTOR
e
23-4201-611-61 ee
43
44
490.00
*
ee
45
X65753
OS /Pdl$9
1,355.Oo
MARIAN ALSTAD AC INSTRUCTOR_
eD
2 2-4201-611-61 so
46
47
4e
1,355.00
*
e1
e2
e3
64
as
50
28.00
65
66
61
0657SS
02JUJ89
9P . 0A
EiETSY . 6RYY T -_A 'C-INSTRUCTOR
67
23- 4E01 -(zf t -61 —_._ ___ ,___ ____ eo
52�j
53
92.00
*
69
70
54
00
BILL DIETRICHSQ
71
- - - 72
85
56
420.00
173
74
57
AA5757 _
_- _A2/Pd /A9
3315 _ 00
SU4AN FRAME _ AC `IN$TRUCTOR
77
234901-611-61 7
i
1989 CITY OF EDINA CHECK REGISTER 03-06-89 PAGE 4
-15'1 065775 02/24/89 86.00 DAVID ICE
7
CLASS REFUND
2
3
'4
7
to
it
114
Izz
2.
13
3"
'35
37
134 I
.11
45
41
47
49
-50
51
3•
33
Iii
5�1
56
51
.50
Go
63
.70
,7;!7
7.
23- 3500 - 000 -00 „1
CHECK--NO....-DATE----------AMOUN.T-------VENDOR----
-----.-,-----ITF-M--DESCRIP-TION----AC.CGUN-T-NO.--INV---#-.P-..O.--#-
336.00
41
06575,8
022/24/89
600.00
PAT GEISHEKER
AC
INSTRUCTOR
23-4201-611-61
1:
600.00
*
7�
065759
02/24/89
180.00
RAYMOND GORMLEY
AC
INSTRUCTOR
e3-4201-611 -61
180.00
*
101
0e/24/89
--------
150.00
---- - -
MARGARET GUST
AC
------
INSTRUCTOR
23-4201-611-61
1
12
150.00
065761
02/24/89
540.00
JEAN GRAPP
AC
INSTRUCTOR
e3-4e01-611 -61
14
540.00
06C-5762
02/24/89
252.00
PHYLLIS HAYWA
AC
INSTRUCTOR
23-4201-611-61
7
252.00
065763
02/24/89
e5e.00
HARRY HEIM
AC
INSTRUCTOR
e3-4201 -611-61
201
252.00
21
065764
02/24/89
144.00
MARY HOLMGREN
AC
INSTRUCTOR
23-4201-611-61
144.00
0657GS
02/24/89
120.00
NICK LEGEROS
AC
INSTRUCTOR
e3-4201-611 -61
261
27
120.00
281
065766
02/24/89
810.00
MARGARET McDOWELL
AC
INSTRUCTOR
23-4201-611-61
27
810.00
065767
Oe/P-4/69
340.00
J THOMAS NELSON
AC
INSTRUCTOR
23-4e01-611-61
32
340.00
34
065768.
02/24/89
225.00
DOROTHY ODLAND
AC
INSTRUCTOR
23-4201-611-61
33
225.00
37'
065769
02/24/89
403.00
TOBIE DICKER
AC
INSTRUCTOR
23-4e01-66-61
391 38
403.00
065770
02/24/89
168.00
EVIE HOLMQUIST
AC
INSTRUCTOR
23-4201-611-61
911
az
43;
*
065771
0e/24/89
388.00
KATHY GUSTAFSON
AC
INSTRUCTOR
23-4201-611-61
441
45
388.00
*
065772
02/24/89
113.19
RAYMOND SHEPARD
WATER BILL REFUND
40-3800-000-00
171
113.19
*
99
'065773
02/24/89
225.00
CHRIS OMODT
REIMBURSMENT
10-4e0e-420-42
50
2e5.00
*
065774
02/24/89
56.00
BOBO ZINN
AC
INSTRUCTOR
23-4201-611-61
531
065774
02/24/89
31.00
BOBO ZINN
CRAFT SUPPLYS
23-4588-611-61
-15'1 065775 02/24/89 86.00 DAVID ICE
7
CLASS REFUND
2
3
'4
7
to
it
114
Izz
2.
13
3"
'35
37
134 I
.11
45
41
47
49
-50
51
3•
33
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5�1
56
51
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Go
63
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,7;!7
7.
23- 3500 - 000 -00 „1
r.+
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WA
.
v �
WA
14
r
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41
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r 1
1989
OF EDINA
CHECK
STER
03 -06 -89 .4GE
5
SHEC</�NQ
DATE
AMOUNT
VENDOR
-1_TEM DESCRIPTION
Ar,=NT NO. I -N --A P_,Q SSgC
2
2065775
02/24/89
64.00
DAVID ICE
MILEAGE
23- 4208 - 611 -61
12
4
13
4
'
065776
02/24/89
135.00
JO RUTH
ADM ART CENTER
23- 4120 - 611 -61
I5 e
17'
°
7715
0P.P4 /89
80.00
J.O_UTH
PRINTING
23 -4600- 611 -61
�aJ
7
215.00 •
9
10
6
I1 1
9
-- 0657 -7-7---
020'4,/89 _._
10-00 M
- MAYORS- ASSN - --
DUES _
10-4204- L00 -10
10
11
10.00 *
13
14
112
9.85778
OP /?4184
19b_90
ARC MECH
CONTRAC-T _REPAAIR
30 -4201- 782 -78 217909424
to
_ +e
13
14
-
196.00 +
n
,e
,e-
- - -_.-
MODES- C0 ------- -------
--- 6EN- _ .SUPP_LY$ -
30 -45 4 -782 8 �2D49- 8833_ --
10'
20l
- �z2
109.25
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02/28/89
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02/28/89
133.34
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50- 4202- 840 -84
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02/28/89
133.33
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50 -4202- 860 -86
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30
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02/28/89
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26 -4201- 701 -70
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02/28/89
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28 -4201- 701 -70
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02/28/89
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28- 4201 - 701 -70
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02/28/89
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28- 4201 - 701 -70
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28 -4201- 701 -70
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02/28/89
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28 -4201- 701 -70
73
74
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_-_-vswoom_-_
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02/23/89 1
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1989 CITY
OF EDINA
CHECK REGISTER
03-06-89
PAGE 8
06SB22
02/28/89
109.80
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27-4630-667-66
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or.5827
02/28/89
128.00
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50-4626-822-82
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02/28/89
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SO-4626-842-84
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02/28/89
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02/88/89
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02/88/89
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10-4604-260-26
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112.38
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02/24/89
100.00
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i0-4S40-S60-S6
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02/23/89
168.40
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02/28/89
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02/24/89
397.15
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02/23/89 _
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10- 4600 - 627 -62
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02/23/89
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02/23/89
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23- 4248- 612 -61
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02/28/89
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1989 CITY OF EDINA CHECK REGISTER 03 -06 -89 PAGE 10
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02/24/89
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1989 CITY
OF EDINA
CHECK REGISTER
03-06-89
PAGE 12
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02/28/89
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1989 CITY OF EDINA CHECK REGISTER 03-06-89 PAGE 14
SNOW PLOW REV
10-490i-30S-30 e946 7963
065L04
02/28/89
3,396.00
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40-4S40-801-80
8766
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02/23/89
424.91
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40-4540-SOS-80 10712
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02/23/69
322.11
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02/23/89
IS.00
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02/28/89
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OE/23/89
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10-4233-200-20
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02/24/89
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10-4SO4-322-30
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10-4620-SGO-56
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40-4SO4-801-80
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40-4S40-801-80
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40-4540-BOS-80 10717
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40-4540-SOS-80 10712
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02/23/89
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02/24/89
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02/23/89
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02/23/89
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02/28/89
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02/23/89
111.95
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23- 4512-612 -61
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02/23/89
138.00
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27- 4504 - 664 -66
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317.70
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02/28/89
424.10
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30- 4504 - 782 -78
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02/24/89
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10- 4210 - 140 -14
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02/23/89
50.95
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02/23/89
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02/28/89
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10- 4504 - 641 -64
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065M81
02/23/89
111.14
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27-4540- 664 -66
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:-Ij 1989 CITY OF EDINA CHECK REGISTER 03-06-89
PAGE 16
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02/ea/89
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40-4S40-802-80
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02/23/89
19.90
MONARCH MARKETING
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50-4516-820-82 810361
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02/23/89
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40-4640-803-80
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065N8-'
02/23/89
192.38
NW GRAPHIC SUPPLY
S,040.28
19
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065017
Oe/28/89
11,058.00
OFFICE PRODUCTS
65NI3
OZ/28/89
40.23
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SO-4214-822-82
065N13
02/28/89
40.23-
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SO-4214-822-82
271
80.46
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06SN62
02/23/89
42.80
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23-4624-613-61
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02/23/89
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198.20
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02/28/89
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10- 4540 - 560 -56
379508
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02/23/89
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10 -4212- 510 -51
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02/23/89
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065P48
02/28/89
44.70
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30 -4600- 781 -78
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23/89
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30- 4600- 7$2 -7Q
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26I'
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065P74
02/23/89
411.00
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30
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32
33
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02/28/89
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352.06
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02/23/89
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02/23/89
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53
54
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172
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065R39
02/23/89
901.50
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30- 4504 - 783 -78
10548
9267 74
56
57
901 .50
*
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7
341
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065S37 02/28/89 22.50 SOUTHTOWN MN FABRICS GEN SUPPLYS
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41
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b .4
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46
065854 02/28/89
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065554 02/23/89
I5.38 ST. PAUL BOOK SUPPLYS
107.95 STAR & TRIBUNE AD
177.80 STAR & TRIBUNE AD
28979 *
30-4504-782-78 166009 9436
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1989 CITY
OF EDINA
CHECK REGISTER
03-06-89
PAGE is
CHECK_ND.__DATE________
-AMOUNT----------
--VENDOR-- _-ITEM
DESCRIPTION _______A.CC0_UNT_NO_._INV_.
-.#-P.O_.# MESSAGE-___j
2
3
31
41
4
, I
065R47
i
02/23/89
393.67
ROAD MACHINERY
FILTERS
10-4540-560-56
31802A 8749
7
6
____
7
'o'
065R71
02/23/89
660.90
RUNYAN/VOGEL GROUP
BRAEMAR A FRAME
27-1300-001-00
660.90
to
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06SS17
02/23/89
166.67
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10-4540-520-52
180794 9056
27
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123
211
1
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3790
131j
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261
065520
02/23/89
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30-4201-781-78
311
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256.00
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065S34
0e/23/89
02/23/89
29.40
65.40
SOUTHDALE FORD
SOUTHOALE FORD
HANDLE ASSY
CABLE ASSY
10-4540-560-56
10-4540-560-56
198700
199322
411
331
- - -- -- - -
341
x,75
065S37 02/28/89 22.50 SOUTHTOWN MN FABRICS GEN SUPPLYS
22.50
40
41
40-0-0-SIT ARTT!!MI-CHAEL-.----.---REIMBUPS14ENT--
40.00 *
b .4
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-
46
" 06584S 02/24/89
46
065854 02/28/89
ISa
065554 02/23/89
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107.95 STAR & TRIBUNE AD
177.80 STAR & TRIBUNE AD
28979 *
30-4504-782-78 166009 9436
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10-4504-420-42 870459
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10-4212-5I0 -51
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03 -06 -89
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AMOUNT
VENDOR
M OES -CRIPTION
ACCOUNT N0. INV.
A P 9- # ESSAG
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02/24/89
148.45
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10 -4642- 420 -42
M57828 8829
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065S77
02/23/89
56.49
SUBURBAN CHEVROLET
PARTS
10- 4540- 560 -56
102510
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14 065S77
02/23/89
25.95
SUBURBAN CHEVROLET
PARTS
10- 4540 - 560 -56
102585
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5 - OSSS77-
02/-23/89 --
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-- --- SUBURBAN__CHEVROLET _ -_-
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10- 4540.- 560 - 56__1.02394
16 065S77
02/23/89
14.89
SUBURBAN CHEVROLET.
PARTS
10- 4540- 560 -S6
102538
2'
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17
065577
02/23/89
36.76
SUBURBAN CHEVROLET
PARTS
10- 4540 - 560 -56
102317
123
18- 06.5x77
02/23/8a
18.75
_SUBURBAN_ _CHEVBDLET
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124
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02/23/89
55.80
SUBURBAN CHEVROLET
PARTS
10- 4540 - 560 -S6
102402
;28
26
20
223.23 *
27
21
_
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- 065S78
02/24/89
81.28
SUBURBAN PLUMB SUP
PARTS
10- 4504 - 540 -S4
9292
z3 06SS78
02/23/89
32.85
SUBURBAN PLUMB SUP
HEATER ELEMENT
23- 4540 - 612 -61
9050
30
31
24 _0.65$78
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15.22
SUBURBAN--PLUMB-SUP _._P-.LBG_FlPE_
27= 4540 - 6.69 6
9074-
3
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02/23/89
199.74
SUBURBAN PLUMB SUP
PLBG PARTS
27-4S40- 667 -66
8842
73
34
I30
2e 06SS78
02/23/89
22.51
SUBURBAN PLUMB SUP
REPAIR PARTS
27- 4540 - 667 -66
8009
27 065878 - --
02/23/-89
22..._36-
- SUBURBAN -PLUMB ,_SUP.____- _._PLBG_PARTB__
--27- _4540-667-66
_8009
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2e OSSS78
02/23/89
67.34
SUBURBAN PLUMB SUP
TOOLS
40 -4274- 803 -80
9038
37
38
29
06SS78
02/23/89
6.80
SUBURBAN PLUMB SUP
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40- 4540 - 802 -80
9065
39
30
N PLUMB SUP
PARTS
40- 492 -80
9036
40
J1
32
654.08
41
42
33 33
34
_
43
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30 06SS90
02/23/89
172.70
SWANSON BROTHERS
CEMENT
10 -4504- 301 -30
18S91 7382
46
47
J8 065S90
02/23/89
31.40
SWANSON BROTHERS
CEMENT
10- 4504- 301 -30
18394 7291
4e
37
38
204.10
49
SO
39
al
40
41 065592
02/28/89
78.95
SYSTEM SUPPLY
GEN SUPPLYS
10- 4504 - 510 -51
020904 9415
a3
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05
42
78.95 *
s
43
_ _ __
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159
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02/28/89
4,763.28
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40- 4201 - 800 -80
3801
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02/24/89
35.56
TANDY CONSUMER SERV.
PARTS
10- 4540 - 520 -S2
35464 9317
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63 065T01
02/24/89
24.95
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40- 4540 - 803 -80
35644 9152
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44
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73
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1989 CITY OF EDINA
un nwrr wu^i uir
CHECK REGISTER 03 -06 -89 PAGE 20
urun ^o Trru T1Qa1 ^MT07T ^M ARH+^11►ir Ain TAIU Y 0 ^ Y MCQ*A@C
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25 065T53 02/24/89 4,875.26 TRACY OIL GASOLINE 10 -4612- 560 -56 T7970 13
za 065T53 02/23/89 6,001.74 TRACY OIL GASOLINE 10- 4612 - 560 -56 T7658 ;,
27 -- - - -- -- 1-II- s8- T7_ -0D.e— - - - - - - - -- - -- - - -- - -- -- - 3
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31 065TSS 02/23/89 141.10 TWIN CITY HOME JUICE MIX 50-4632- 842 -84 4
32 141.10 * 4.
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02/24/89 1
16.00 T
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10 -4610- 560 -56 A4285
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02/23/89 2
222.40 T
TOTAL TOOL T
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10 -4580- 301 -30 41296 9
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--- P_AR- TS-- — J
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314.51
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91
4
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1989 -_.r
OF EDINA
CHECK r.__&STER
03 -06 -89
PAGE 21
DATE
AMOUNT
VENDOR
-ITEM DESCRIPTION
ACC-OUNT -10. I ,NV_,__# P.0__1_MESZ^9.GE
2
'
1
2
9
3
-
Ob5V- 15----
02L23189
340_30 - -
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-A.0 -9514- 520- 52_.245326 .9274_
l+_
4
065V15
02/e3/89
881.30
VAN PAPER CO.
PAPER BAGS
SO- 4514 - 822 -82 245236 9249
5
'
065V15
02/23/89
887.30-
VAN PAPER CO.
PAPER BAGS
SO -4514- 822 -82 245236 9249
71
6
065SII S
o2i2: /ag
587 - 30
VAN.3_APER -CO _
PAP_ER__BAGS
5.0= OSLO - - 82_.245236 9249
4
'
065V15
02/23/89
188.75
VAN PAPER CO.
PAPER BAGS
SO- 4514 - 842 -84 245291 9249
w
°
065V15
02/23/89
879.35
VAN PAPER CO.
PAPER BAGS
50 -4514- 842 -84 245241 9249
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02lp^3 /_89
654__30 --
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50 A --8 A2 -R6 P49P 3_9249
12J
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21941.00 #
13
4
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131
n
141
06SV35
02/24/89
58.00
VAUGH DUPLICATION
SUPPLIES
10 -2149- 000 -00 49103
io
15____.__-
6
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17
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22
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24
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06SV80
02/24/89
116.01
VOSS ELECTRIC SUP
PARTS
10-4504- 520 -52 246515 9232
8
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116.01 *
n
21
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23
30
2°
06SWO8
02/23/89
86-1-2 W,W-- GRAI.NGER_
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10 -4 4Q= 696 -_6.4 91_L9
31
3
251
065WO8
02/28/89
90.41 $4.96-
W.W. GRAINGER
CARD HOLDERS
27- 4504 - 664 -66 8932
33
261
065WO8
02/24/89
254.01
W.W. GRAINGER
REPAIR PARTS
40 -4540- 802 -80 9243
35
27 -
0ASW.II8 --
02L24/-S9_
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4.0- 45.40 - 8.02- 0 9273_
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37
3a
30
3A
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31
41
32
33
065We1
02/23/89
68.02
AR . 02 M
WARNER INC SUPPLY
SPRAYERS
10- 4504 - 560 -56 134048 8851
421
43
44
3A
351
--
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451 t
461
36
# # #Y•'F 1R
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46I
37 06SW2S
39
02/24/89
110.85
WASTE MGMT- SAVAGE
GARBAGE
10 -4250- 301 -30
4 °'
701
065WES
02/24/89
83.14
WASTE MGMT- SAVAGE
GARBAGE
10-4250- 440 -44
31
39
065W25
02L2_4l9
107._50
WASTE -MGMT- SAVAGE
GARBAGE_
d0
06SW25
02/24/89
110.85
WASTE MGMT- SAVAGE
GARBAGE
10- 4250 - 540 -54
lea
01
_2.65W25
065W25 02/24/89
02/24/89
27.71
9S.94_
WASTE MGMT - SAVAGE
WA.S.T_E_MGMT_- .SAVAGE.-
GARBAGE
GARBAGE
23- 4250 - 612 -61
2_7=42507662 -66
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50
43
065W25
02/24/89
43.92
WASTE MGMT - SAVAGE
GARBAGE
27 -4250- 667 -66
ee
bq
065W25
02/24/89
190.70
WASTE MGMT- SAVAGE
GARBAGE
28- 4250 - 702 -70
6°
°'
O65We5---
OP/24/84
fif,__40
WASTE - MGMT.- SAVAGE..
-...- _GARBAGE-
30- 4250 = 382-28_
60
46
065We5
02/24/89
294.40
WASTE MGMT - SAVAGE
GARBAGE
SO -4250- 841 -84
a'
47
065We5
02/24/89
294.40
WASTE MGMT - SAVAGE
GARBAGE
50 -4250- 861 -86
63
164
48
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065W41
02/24/89
65.47
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10- 4508 - 420 -42 16870 8464
ho
53
54
65.47 #
- 71
72
55
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�75
s'_
_OASl.l55�--
0P1�3L84
177 .49
WHIT_�pl[ f= ALLERY
PRIhLT -- ---- _-
.- -- �0 -4206- 50.0 -50. 9324.
__ .. - '
4w
to
d
d+
3 Ila
i
e
1989 CITY OF EDINA
CHECK REGISTER 03 -06 -89 PAGE 22
o T.I1r, AAA n11rIT \In *YIU 8 n ^ Y r4000A,^C
137.48 *
3
3
4 L:6&WGrl
* * * —CKS IB
op /p3L89
93 -97
wILLIAMS_SIEEL
PAINT
1.0- 4509_- 560 -5G
_i- 69229_ _ _.
17
a
'
065W66
02/28/89
1,446.27
WILLIAMS STEEL
CHAIN /HOOKS
10 -4540- 560 -56
165021 9290
10
B
065W66
02/28/89
632.19
WILLIAMS STEEL
CHAIN
10- 4540- S60 -56
163644 9291
9
- 065W66-
02/23189
75._-61
WI- LL-IAMS- STEEL-
-- PAINT-_. --
0- 4540 - _560- _5fi._1.63534-
10
065WG6
02/23/89
438.68
WILLIAMS STEEL
CHAIN
10- 4620- 560 -56
163019
03
"
12
2,686.62
13
N111 :k *1k F
*** -CKS 7i
tB
t4�
tOI
11
-02123189 - --
16.A-_GO
— ZI- EGLER —INC
PARTS _
_ 10- 4_&40- 560—_S6_.66_t61—
_904.1_
20
�z1
61,
160.60
2z
23j
ID
* * * —CK5 `24
1e
112,597.97
FUND 10 TOTAL
GENERAL FUND
5
26
20
10,161.47
FUND 23 TOTAL
ART CENTER
I27j
21—
__ —_ -_
389-..-98—
FUND- 25.- T-O -TAL
CAP _I_TAL-FUND
29
22
1,046.00
FUND 26 TOTAL
SWIMMING POOL FUND
29
23
51,266.33
rb' °r^.°^
FUND 27 TOTAL
GOLF COURSE FUND
31
24
3,71f,-38
FUND .28 S_OIAL
RECREASION- CENTER FUND
3-1
25
9,056.78
FUND 30 TOTAL
EDINBOROUGH PARK
j34
35
28
242,537.60
a42 s" rn
FUND 40 TOTAL
UTILITY FUND
133
27
6t08S.- 96_- ____—
.FUND -50 -TOTAL
—_ -L I000R_DiSPENSARI -FUND
2e
14,719.50
FUND 60 TOTAL
CONSTRUCTION FUND
37
38
29
3D'
30
49-3,577-97
TOTAL
a0
31
41
32
42,
33
43
44I
34
I45
461
35
36
47'
411
37
28
39
-
_
4D
50
��51
152
40
41
531
54
;55
42
561
431
4a
45
57
SB
BBD'
62
46
!e2
47
:a3
48
64
49
90 .
65
eg
l
ig7
5d
fl
531
S4I
70
71'
72
55
56
571
73
74
75
7