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HomeMy WebLinkAbout1989-04-17_COUNCIL PACKETAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL REGULAR MEETING APRIL 17, 1989 7:00 P.M. EDINA CITY COUNCIL ROLLCALL PROCLAMATION - Disability Awareness Week April 24 -30 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 January 17, February 6 and February 21, 1989 and Joint HRA /Council Meeting of February 21, 1989 III. PUBLIC HEARING ON PROPOSED IMPROVEMENT. 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 of all members of Council required to pass if improvement has been petitioned for; 4/5 favorable rollcall vote required if no petition. A. Permanent Street Surfacing With Concrete Curb & Gutter and Sidewalk Improvement No. P -BA -283 and Storm Sewer Improvement No. P- STS -190 Blake Road from Vernon Avenue to Pine Grove Road (Contd from 4/3/89) IV. 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 member of Council required to pass. Final Development Plan Approval of Property Zoned Planned District: 3/5 favorable rollcall vote required to pass. (Convene Joint HRA /Council Meeting) A. Amendment to Final Development Plan, Edinborough - Hawthorn Edina, Inc. - Generally located north and east of Edinborough Way and west of York Av B. Amendment to Zoning Ordinance - To Allow Hotels as a Principal Use in Mixed Development District * C. Lot Division - 5812 -5814 View Lane - Lot 6, Block 4, Parkwood Knolls 11th Addition V. AWARD OF BIDS * A. Well Abandonment - Centennial Lakes (HRA) (Adjourn Joint HRA /Council Meeting) * B. Aerial Personnel Lift /Installed (Contd from 4/3/89) * C. 5000 PSI Stationary Breathing Air Compressor (Continue to 5/1/89) * D. Grass Fire Fighting Slide -In Unit * E. 1/2 Ton, 4x4 Van * F. One Ton 4x4 Pickup Truck * G. Mini -Van * H. Permanent Street Surfacing with Concrete Curb & Gutter - Improvement Nos. BA -284, BA -287 and BA -288 * I. 3/4 Ton Pickup Truck (Cab and Chassis only) Agenda Edina City Council April 17, 1989 Page Two VI. SPECIAL CONCERNS OF RESIDENTS A. Citizens Against Pornography - Carolyn Owens VII. RECOMMENDATIONS AND REPORTS A. Approval of Traffic Safety Committee Minutes - April 11, 1989 B. Chemical Health Advisory Committee Report - Betsy Flaten and Pat LLona C. South Hennepin Human Services Council Report- Tim Culver, Chair D. City -Wide Recycling Program Update E. Recycling Commission Recommendation - Plastics Ban Ordinance F. Project Approval - W. 76th Street from Edinborough to France Avenue (Centennial Lakes) G. Update - Purchase of White Oaks Lots H. Confirm Dates -for Council Study Sessions VIII. COMMUNICATIONS AND PETITIONS A. Albert Meyer, Jr. - Drainage at Valley View Road and Virginia Avenue B. France Avenue - Connor Schmid IX. INTERGOVERNMENTAL ACTIVITIES A. Local Government Enabling Statutes - Roseville Citizens Council Legislative Committee X. SPECIAL CONCERNS OF MAYOR AND COUNCIL A. Interface Workshop on Chemical Health - May 6, 9 -12 a.m. XI. POSY AGENDA AND MANAGER'S MISCELLANEOUS ITEMS XII. FINANCE A. Bond Refunding Proposal - Edina Park Plaza B. Payment of Claims as per pre -list dated 4/17/89: General Fund $335,593.87, Art Center-$3,184.25, Capital Fund $13,047.81, Golf Course Fund $19,059.13, Recreation Center Fund $113,716.24, Gun Range Fund $251.69, Edinborough Park $14,288.27, Utility Fund $29,497.78, Liquor Dispensary Fund $95,431.48, Construction Fund $605.00, Ilse Bond Redemption #2 $23,070.52, Total $647,746.04, and for confirmation of payment of Claims dated 3/31/89: General Fund $598,659.23, Art Center $610.93, Swimming Pool Fund $84.16, Golf Course Fund $13,588.01, Recreation Center Fund $12,800.12, Gun Range Fund $127.58, Edinborough Park $12,381.48, Utility Fund $22,988.46, Liquor Dispensary Fund $252,880.10, Total $914,120.07 SCHEDULE OF UPCOMING MEETINGS /EVENTS Mon April 21 Council /Edinamite Party 7:00 p.m. Edinborough Park Mon April 24 Board of Review 5:00 p.m. Council Room Tues April 25 Annual All Volunteers Reception 5:00 p.m. Braemar Clubhouse Mon May 1 Regular Council Meeting 7:00 p.m. Council Room Mon May 15 Regular Council Meeting 7:00 p.m. Council Room Wed May 31 AMM Annual Meeting June 6 - 9 LMC Annual Conference Hyatt Regency - Minneapolis T0flaUlOU (Signature) (Title) DISABILITY AWARENESS WEEK APRIL 24 -30. 1989 WHEREAS: A significant effort is being made Statewide to eliminate barriers for disabled persons in the areas of employment, housing, transportation, education, and public accommodations; and WHEREAS: Many individuals with disabilities are living independently in our community and participating in community activities such as community education and recreation; and WHEREAS: Both city officials and school administrators desire public awareness. as to the issues and concerns facing disabled persons; and WHEREAS: Residents of our community need to become more aware, not only of the limitations disabled persons have, but also of their talents and abilities, and WHEREAS: " The Governor of the State of Minnesota, and each of the South Hennepin communities, are proclaiming Disability Awareness Week in +: recognition of the contributions disabled individuals make within the ." State and the communities in which they live; ; r .?. NOW, THEREFORE, 1, (Name) (Title) (Entity) do hereby proclaim the week of April 24 -30, 1989 as DISABILITY AWARENESS WEEK in Further, I urge all residents of our City to be more open and attentive to the needs and abilities of persons with disabilities. Dated this day of 1989. (Signature) (Title) MINUTES OF THE JOINT MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY /CITY COUNCIL HELD AT EDINA CITY HALL FEBRUARY 21, 1989 A joint meeting of the Edina Housing and Redevelopment Authority and the City Council was convened to consider concurrently: 1) Centennial Lakes - Phase I, watermain and sanitary sewer plan approval and authorization of bids, and 2) Authorization of conveyance of Phase I - .Centennial Lakes Condominiums. Action was taken by the HRA and the Council as required. Answering rollcall were Commissioners /Members Kelly, Paulus, Rice, Smith and Richards. MINUTES of the HRA Meetings of October 3 and 24 and November 21, 1988 were approved as submitted by motion of Commissioner Kelly, seconded by Commissioner Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CENTENNIAL LAKES - PHASE I WATERMAIN AND SANITARY SEWER PLAN APPROVED: BIDS TO BE TAKEN. Engineer Fran Hoffman advised that the Centennial Lakes project is currently being graded and that the next step would be installation of utilities. The utility project would include installation of watermain and sanitary sewer in West 76th Street, Edinborough Way north of West 76th Street and Parklawn Avenue, east of France Avenue. Additionally, a water and sanitary sewer line will be installed to service the public park building. Utilities will also be installed in the residential Phase I area per the HRA agreement. He presented estimated costs as follows: Sanitary Sewer Improvement No. SS -380 (HRA) $ 11,987.10 Sanitary Sewer Improvement No. SS -381 269,610.00 Watermain Improvement No. WM -366 (HRA) 15,562.14 Watermain Improvement No. WM -367 220,612.80 These projects are petitioned by the developers and HRA for the Centennial Lakes project. Sanitary Sewer Improvement No. SS -380 and Watermain Improvement No. WM -366 will be paid for by the HRA. Sanitary Sewer Improvement No. SS -381 and Watermain Improvement No. WM -367 will be special assessments against all property in Phase I of the Centennial Lakes Project. Engineer Hoffman stated that staff has found these projects to be feasible and would recommend approval of plans and authorization to take bids for said improvements. No objection being heard, Commissioner/Member Paulus introduced the following resolution and moved adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SANITARY SEVER IMPROVEMENT NO. SS -380 AND VATERMAIN IMPROVEMENT NO. WM -366 BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY AND CITY COUNCIL OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements 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 Director of the Housing and Redevelopment Authority of Edina and the Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice of bids for improvements: (Official Publication) CITY OF EDINA HOUSING AND REDEVELOPMENT AUTHORITY 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA . 4 ADVERTISEMENT FOR BIDS CENTENNIAL LAKES PHASE 1 - UTILITIES IMPROVEMENT NOS. SS -380 (HRA), SS -381, WM- 366(HRA), AND WM -367 BIDS CLOSE MARCH 9, 1989 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 West 50th Street at 11:00 A.M., Thursday, March 9, 1989. The Housing ` and Redevelopment Authority (HRA) and the City Council will meet at 7:00 P.M. Monday, March 20, 1989, to consider said bids. The following are approximate major quantities: 4,400 IF Sanitary Sewer 4,700 IF Water Main 1,300 LF Sanitary Sewer Forcemain All'in accordance with Plans and Specifications prepared'by the HRA's consulting engineer, Bennett - Ringrose - Wolsfeld- Jarvis- Gardner, Inc., and available at the Office of the consulting engineer, 700 Third Street South, Minneapolis, Minnesota 55415, and on file with the Executive Director. Plans and Specifications incorporating the work for the projects may be examined at the City Hall and at the Office of Bennett - Ringrose- Wolsfeld- Jarvis - Gardner, Inc. COPIES may be obtained from Bennett- Ringrose - Wolsfeld- Jarvis - Gardner, Inc. upon deposit with them of $25.00 for each set, all of which deposit will be refunded to each planholder who returns the Plans and Specifications in good condition to the consulting engineer within ten (10) days after the date of opening 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 Executive Director, City of Edina Housing and Redevelopment Authority, 4801 West 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the Executive Director. Bids received by the Executive Director, 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 Executive Director. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the Edina HRA in the amount of at least ten (10) percent of all bids. BY ORDER OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY AND EDINA CITY COUNCIL. Gordon Hughes, Executive Director (HRA) Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Commissioner /Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Paulus then introduced the following resolution and moved its adoption: RESOLUTION FOR IMPROVEMENTS UPON 100% PETITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that petitions have been filed requesting the Council to construct Sanitary Sewer and Watermain improvements in Centennial Lakes - Phase I, and to assess the entire cost against the property of petitioners, Edina Housing and Redevelopment Authority, South Edina Development Corporation, SCA, Inc., and France Ned Associates Limited Partnership, and that the petitioners now own all property which will abut and be assessed for the improvements. 2. The making of said improvements in accordance with said petitions is hereby ordered pursuant to Minnesota Statutes, Section 429.031(3), (Session Laws of 1961, Chapter 525, Section 2). Said improvements are hereby designated and shall be referred to in all subsequent proceedings as: SANITARY SEWER IMPROVEMENT NO. SS -381 ,WATERMAIN IMPROVEMENT NO. WM -367. The entire costs of said improvements is hereby ordered to be assessed against the properties owned by the petitioners where said improvements are to be located. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. n CONVEYANCE OF PHASE I CENTENNIAL'LAKES CONDOMINIUMS CONTINUED TO 3/6/89. HRA Executive Director Hughes advised that staff anticipates conveyance by the HRA to the Centennial Lakes Housing Partnership of the Phase I condominium site sometime during the next month. In conjunction with the conveyance, several documents require execution by the Chairman and the Secretary of the HRA. These documents were approved in concept by the HRA in connection with its approval of the , redevelopment contract for the Centennial Lakes project in October, 1988. The documents requiring execution by the HRA include the following: 1) Redevelopment Property Deed 2) License Agreement (for sales office located by the housing developer on the site south of 76th Street) 3)' Covenants Agreement (includes amoung other things the requirement that condominium owners make monthly payments to defray the cost of maintenance of Centennial Lakes Park) 4) Easement Agreement (permits the HRA to construct certain public improvements on the grounds surrounding the condominiums and also permits the public to pass over condominium grounds. S) Assessment Agreement (provides a minimum assessed value for each condominium unit in order to guarantee the minimum amount of tax increments required to repay City bonds. 6) Consent and Approval of the Construction Mortgage for the Condominiums,. Executive Director Hughes concluded his presentation with the recommendation that the Commissioners adopt the resolution authorizing execution of the closing documents for Phase I Centennial Lakes condominium land conveyance. Commissioner Kelly asked if the documents relate to the way the units would be sold, mortgages, re -sale and second mortgages thereon. Director Hughes explained that prior to the closing the condominium developer would have to present a matrix that would show the range of second mortgages and the range of incomes that would be served by those second mortgages. Attorney Erickson elaborated that the basic approach to how the second mortgages would be handled is in the redevelopment contracts that have already been signed. The second mortgages run in the name of the East Edina Housing Foundation which has the right under the documents to establish criteria for the lending so that the mortgages can be Assumed. Presently the policy on Edinborough is that the mortgages can be assumed for the first five years. Member Centennial Lakes condominium project at the appropriate time. Director Hughes responded that the developer could be instructed that the HRA would like to review that matrix specifically and the matter could be placed on the next agenda. Commissioner Smith concurred that the second mortgages should be reviewed and discussed. Following discussion on the issue, Commissioner Smith made a motion to continue the matter of conveyance of Phase I Centennial Ickes condominiums to the meeting of March 6, 1989. Motion was seconded by Commissioner Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the joint HRA /Council agenda, motion of Commissioner/Member Kelly was seconded by Commissioner/Member Smith for adjournment of the joint meeting. Motion carried. Executive Director MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 17, 1989 The meeting was called to order by Mayor Richards at 7:00 p.m. ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Richards. APPOINTMENT OF MAYOR PRO -TEN Mayor Richards made a motion to appoint Member Peggy Kelly as Mayor Pro -Tem. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Smith and was seconded by Member Kelly to approve and adopt the consent agenda items as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR 1/2 TON TRUCK FOR PARK DEPARTMENT Motion was made by Member Smith and was seconded by Member Kelly for award of bid for 1/2 ton truck for the Park Department at $11,623.00 through Hennepin County Bid. Motion carried on rollcall vote, five ayes. PARK BOARD RECOMMENDATIONS REGARDING WORK PROGRAM ASSIGNMENT DISCUSSED Park Director Bob Kojetin presented the Park Board recommendations regarding the City's Work Program assignment that the Board undertake and complete the Year 2000 -Park and Recreation Plan. The Board had discussed the assignment at their meeting of January 10 and had decided to begin their focus in three areas: 1) Park and Open Space Acreage, 2) Park Development, and 3) Recreation Programming Future Needs. The Board has established committees as follows: Park and Open Space Acreage - Itti Furlong, Chair, Bill Jenkins, Bob Christianson; Park Development - Bill Lord, Chair, Jim Fee, Don Wineberg, Mac Thayer; Recreation Programming— Andy Montgomery, Chair, Jean Rydell, Scott Johnson. The Board has set a goal of April 1, 1989 to report on this phase of the assignment. The Council Members discussed a timeline for the Park Board Work Program Assignment and whether or not the study would impact the 1990 Budget. Mayor Richards asked that the Council be given periodical updates on the progress of the assignment keeping in mind that, hopefully, completion would be accomplished in 1989. Member•Rice referred to item 1. Identify future population and demographic predictions under Recreation Programming Future Needs and suggested that the Futures Commission proposed by the Mayor will be looking at that issue also and that it would be important for both to be speaking from the same numbers. Member Paulus asked if the Park Board would be asking for input from the community. Director Kojetin said the sub - committees have not met as yet but that they probably will be contacting the athletic associations for their viewpoints. No formal action was taken. PARK BOARD RECOMMENDATION ON PARK FACILITY LEASING POLICY NOT APPROVED Park Director Kojetin said that throughout the year the Park Department has been contacted regarding the possibility of leasing park facilities over a period of time. These have included requests from the private sector and churches. He explained that the subject of a park facility leasing policy wa's brought up in the October 3, 1988 Council Meeting in connection with a dekhockey proposal for Lewis Park. Staff was asked to draft a leasing policy and to present it to the Park Board for their recommendation. The Park Board discussed the proposed policy at w their November and January meetings in connection with the dekhockey proposal and recommended approval of the policy as presented. The Council identified and discussed the following concerns regarding the proposed leasing policy: - Liability exposure for City - Should also cover short term leasing, e.g. one day - Possible future need for tenants - Facilities should be available to citizens whenever they wish to use them - Under -use by citizens should be one of the criteria - Length of period for leasing - Rent should cover cost for the facility - Council decision-on a case by case basis - Capital costs of facility should be taken into account - Guidelines versus set "policy" Member Smith made a motion not to accept the recommendation of the Park Board on the park facility leasing policy and that decision be made on leasing proposals on a case by case basis. Motion was seconded by Member Paulus. Mayor Richards commented that we need some type of policy or guidelines so that we are not accused of acting without standards when a proposal to lease park facilities is considered and suggested this be referred back to staff for further input in light of the discussion of the Council. Member Smith said that, until something comes up that cannot be handled on a case by case basis, he felt we would be wasting staff time on this given the other things they need to do. Member Kelly commented that a commitment was made when the property for the park facilities was acquired and that it should be used for the purposes for which it was established. However, the requests for rental may increase and we should not be in the position of re- acting; we should be pro- active and have a policy set forth. Mayor Richards then called the question. Ayes: Smith, Rice Nays: Kelly, Paulus, Richards Motion failed. Member Smith then made a motion to refer the park facility leasing policy back to staff for revision based on the Council's discussion. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARR BOARD RECO)MNDATION ON DEKHOCKEY PROPOSAL TO LEASE LEWIS PARK TURNED DOWN Assistant Director John Keprios presented the following recommendation of the Park Board: To endorse and accept the proposal as presented by Breakaway Dekhockey, Inc. and also encourage them to work with the Park Department personnel in setting up and establishing programming at Lewis Park for one year at $500 per month with an option on a second year. He explained that dekhockey is a six year old sport that originated in Pittsburg as an off shoot of ball hockey in Canada. They have national rules that govern the sport; they play on a plastic surface with a rubber ball; players wear hockey gear but use tennis shoes as the sport is played during warm weather. The program would start the third week in March and would go to the second week in November. The proposal calls for a rental fee of $500 per month with a ninety day notice exit clause. Staff considered this proposal to meet Category #2 in the proposed leasing policy. He pointed out that Lewis Park is a facility that is not used during the summer months and being the only outdoor hockey facility with an asphalt surface it would be conducive to dekhockey. Member Smith recalled that the asphalt surface was installed for two reasons, to get better ice for hockey and for roller blade activities during the summer. He asked about the status of the roller blade program. Assistant Director Keprios 0 r I said that to run a total roller blade program would mean getting coaches /officials and promoting the program and it was determined that it was not feasible considering the staff time involved: It is available for those who want to use it for roller blade on an unorganized basis. Member Kelly asked if staff would be involved in programming dekhockey, if it would be open to anyone and what traffic it may generate. Assistant Director Keprios said there would be no involvement by staff in the programming, that the contract provides that lights must be out by 10 p.m. and they must vacate the premises by 11 p.m. They would have exclusive access to the park structure during the months of the lease. Mayor Richards asked if staff and the Park Board had applied the criteria in the proposed leasing policy to this proposal. Assistant Director Keprios said that they had. Member Paulus commented that she felt that Lewis Park is under utilized as the demographics in that part of the City is more towards multi- housing and empty nesters. She added that because it is City property there could be a problem if someone was unhappy with the way the program was going. They would consider it an Edina activity but there could be bad publicity for the City because the Park and Recreation Department would have no control over the program. Member Rice said that he had a number of concerns with the proposal, 1) the fact that this is a commercial venture, 2) insurance liability, 3) clean -up of the facility to our standards, 4) signage, 5) electronic scoreboard, and 6) terms of lease as proposed. Assistant Director Keprios responded that staff would equate this proposal to the way the Edina Golf Dome was handled; rent or leasing of the facility on a long term basis, option to do signage, and to sell concessions and equipment for profit. There were further questions as to the solvency of the company, the success of the programs they have initiated and whether this sport would grow into other communities. Assistant Director Keprios said that the Park Board had questioned the company representative as to his background and what type of business he would run together with the details of the dekhockey program. The Board had then discussed the impact on the facility, how it would affect ongoing programs, whether this would be a fiscally wise move for the facility, depreciation expenses, etc. Given that the facility is not used on a program basis otherwise, that restroom facilities are not open to the public during the summer months, that part of their charge is to try to recoup some of costs of park facilities, together with the other factors, the Board thought it was a good idea. Member Kelly commented that she was bothered by turning down a recommendation from an advisory board. Further, that this is really a policy decision for the Council and that perhaps the Council may have given the Board the wrong direction by saying go recoup some of this cost when that is not the main concern here. Member Kelly made a motion to turn down the proposal submitted by Breakaway Dekhockey, Inc. to lease Lewis Park for a dekhockey program as recommended by the Park Board. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Paulus said that the Park Board should be commended for the excellent job they did in evaluating the proposal, and that her real concern was that the City would not have control over the dekhockey program. COUNCIL MEMBERS' ASSIGNMENTS CONFIRMED TO SWSCC, SHHSC, I -494 COMMITTEE AND MLC Mayor Richards recalled that at the last meeting he had recommended assignments for the Council Members as representatives to four major areas of responsibility to try to utilize each member's talents. He also suggested that this be reviewed yearly with the thought that the City is better served if these assignments are passed around. He confirmed the appointments as follows: Southwest Suburban Cable Commission - Member Smith South Hennepin Human Services Council. - Member Kelly I -494 Transportation Committee - Member Paulus (Project Management Team and Joint Powers Organization) Municipal Legislative Commission - Member Rice and Mayor Richards ADVISORY BOARD /COMMISSION APPOINTMENT PROCEDURE TO BE DRAFTED Mayor Richards advised that with regard to the advisory board /commission appointment procedure he would try to get something drafted to bring to the Council in the near future and that he would be glad to get their input as to how this process can best be done. He also referred to data in the Council packets indicating board and commission member terms that are expiring, vacancies and attendance records. Appointments and reappointments would be on an upcoming Council Agenda. With respect to attendance, Mayor Richards said there is an ordinance in effect (Ordinance No. 162) that provides for automatic removal of any board or commission member who fails to attend three consecutive regularly scheduled meetings or any four meetings within 12 months. Assistant Manager Hughes advised that Ordinance No. 102 limits terms of service on boards and commissions for 12 years. That ordinance will take effect in January 1990 and says that the Council may not reappoint a member if at the time of the reappointment he /she has served 12 or more years. Member Kelly mentioned that Lee Heikens has resigned from the Art Center Committee. COUNCIL MEETINGS SCHEDULE APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the following Council Meeting dates for 1989 as revised: February 6 June 5 October 2' February 21 (Tuesday) June 19 October 16 March 6 July 10 (2nd Monday) November 6 March 20 July 23 (4th Monday) November 20 April 3 August 7 December 4 April 17 August 21 December 18 May 1 September 5 (Tuesday) May 15 September 18 Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TRI -CITY HIV COALITION FORUM SCHEDULED FOR 2111/89 Manager Rosland advised that a Tri -City HIV Coalition Forum will be held on February 11, 1989 at the Richfield Community Center, 7000 Nicollet Avenue South, for Bloomington, Edina and Richfield. This forum will be used to discuss the HIV infection and AIDS disease epidemic and how it effects the community at the local level. Staff will attend and would recommend that elected officials also attend the forum. Mayor Richards stated that he will attend and asked the Council Members to—consider attending and to reserve through the Manager's office. *HEARING DATE RE -SET TO 2/6/89 FOR SCRIVER ROAD VACATION Motion was made by Member Smith and was seconded by Member Kelly to re -set the hearing date for the Scriver Road vacation to February 6, 1989. Motion carried on rollcall vote, five ayes. HENNEPIN_COUNTY ECONOMIC DEVELOPMENT CONSORTIUM TO BE DISCUSSED NEXT MEETING Member Smith reported that at the mayor's request he had attend a meeting on Tuesday, January 10 regarding the Hennepin County Economic Development Consortium and had picked up material relating thereto which he planned to distribute to the Council. He asked that this matter be placed on the Council Agenda for February for discussion. The City is being asked to consider joining the Consortium. LHC CONFERENCE FOR NEWLY ELECTED OFFICIALS SCHEDULED FOR 1/28/89 Mayor Richards reminded the Council Members that the League of Minnesota Cities is holding a conference for newly elected officials on Saturday, January 28 and that those planning to attend should get their reservations to Manager Rosland. BID AWARDED: CONNECTION CHARGES TO BE LEVIED FOR SANITARY SEWER CONNECTION HC -11 (4540 FRANCE AVENUE SOUTH) Manager Rosland advised that the property at 4540 France Avenue South has a failing on -site septic system. Pursuant to Ordinance No. 431 the owners were notified on December 7, 1988 to connectito the public sanitary sewer system by December 30, 1988 (the Minneapolis system in this case). To date the owners have not connected and their septic system is being maintained by pumping. The homeowners have agreed to have the sewer connection made and to have the cost assessed against their property. This procedure has been used in the past for similar cases. Three bids have been received by the City and staff would recommend award to low bidder, Backdahl & Olson, at $6,200.00. Motion was made by Member Smith for award of bid for connecting 4540 France Avenue South to the Minneapolis public sanitary sewer system to low bidder, Backdahl & Olson, at $6,200.00. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith then introduced the following resolution and moved adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct sanitary sewer improvement connection at 4540 France Avenue and to assess the entire cost of the improvement against the property of the petitioner, and that said petition has been signed by all owners of real property where said improvement is to be located. 2. The making of said improvement in accordance with said peition is hereby ordered pursuant to Minnesota Statutes, Section 429.031(3), (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows: SANITARY SEWER CONNECTION NO. HC -11 The entire cost of said improvement is hereby ordered to be assessed against the property (PIN 07- 028 -24 -44 -0140) described as follows: N 42 ft of E 30 ft of Lot 8 and N 42 ft of Lots 9, 10, 11, 12 and 13, incl adj 18 ft of Harriet Ave vac ex part taken for France Av, Block 26, WAVELAND ADDITION, where said improvement is to be located. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. MEMBER PAULUS REQUESTS LIST OF STAFF NAMES TO CONTACT REGARZING CITIZEN CONCERNS Member Paulus asked for a list of staff names and phone extensions that she could contact when she has been called by a citizen regarding a problem. Manager Rosland said that would be available and would be given to the new Council Members at the upcoming staff orientation meeting. MLC ANNUAL MEETING WITH LEGISLATORS SCHEDULED FOR 2/2/89 Mayor Rosland reminded the Council of the MLC's Annual Meeting at 6:00 p.m. at the Decathalon. He said that the legislators have been invited and this would be an opportunity to meet with them. Mayor Richards urged the Council Members to attend. RESERVATIONS REQUESTED FOR C. WAYNE COURTNEY RETIREMENT PARTY Manager Rosland requested that the Council make their reservations for the C. Wayne Courtney Retirement Party promptly so that final plans can be made. NAMING OF BRAEMAR BASEBALL COMPLEX TO C. WAYNE COURTNEY FIELDS APPROVED Manager Rosland reported that the Park Board had recommended that the Braemar baseball complex be renamed the "C. Wayne Courtney Fields" in honor and recognition of Mayor Courtney's years of service to the community. The Board has also recommended that Mayor Courtney be given a lifetime pass to Park and Recreation facilities. Motion was made by Member Kelly that the Braemar baseball complex be renamed the "C. Wayne Courtney Fields" in honor and recognition of Mayor Courtney's years of service to the community and that he be given a lifetime pass to the Park and Recreation facilities. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards .Motion carried. CLAIMS PAID Motion was made by Member Smith and was seconded by Member Kelly to for approval of payment of the following claims dated 1/17/89: General Fund $72,138.46, Art Center $256.32, Capital Fund $116.92, Golf Course Fund $63,860.36, Recreation Center Fund $4,806.21, Edinborough Park $9,281.72, Utility Fund $9,452.01, Liquor Dispensary Fund $82,520.56, Construction Fund $40,857.09, IMP Bond Redemption #2 $731.25, Total $284,020.90. 'Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:45 p.m. City Clerk MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 6, 1989 The meeting was called to order by Mayor Richards at 7:00 p.m. ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Richards. CREEK VALLEY FIFTH GRADE WEBELOS WELCOMED Mayor Richards welcomed and introduced seven boys of the 5th grade Webelos from Creek Valley School. He said that they are working on their citizenship activity badge and that he had met with them prior to the meeting to answer questions which they had prepared pertaining to our governmental system. EHS CONCERT BAND BOOSTER PROMOTES EDINA POPS CONCERT Karen Knudsen, on behalf of the EHS Concert Band Boosters, announced that the Edina High School Concert Band will present the 36th annual Pops Concert featuring vocal and instrumental highlights from West Side Story. The concerts will be presented at 7:30 p.m. in the Fick Auditorium on the following nights: February 17, 18, 23, 24 and 25'.' She invited the Council Members and the audience to attend and continue the loyal support the community has given in the years past. CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Smith and was seconded by Member Kelly to approve and adopt the consent agenda items as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. - *MINUTES OF REGULAR MEETING OF NOVEMBER 21 AND SPECIAL MEETINGS OF AUGUST 18, SEPTEMBER 9 AND 15, 1988 APPROVED Motion was made by Member Smith and vas seconded by Member Kelly to approve the minutes of the regular meeting of November 21 and special meetings of August 18, September 9 and 15, 1988. Motion carried on rollcall vote, five ayes. PUBLIC HEARING CONDUCTED ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER be SIDEWALK IMPROVEMENT NO. P -BA -286 (FRANCE AVENUE): PROJECT APPROVED: COOPERATIVE CONSTRUCTION AGREEMENT WITH COUNTY AUTHORIZED Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Engineer Fran Hoffman explained that the proposed improvement of France Avenue is a cooperative effort between Hennepin County, Edina, St. Louis Park and Minneapolis to reconstruct France Avenue from West 49 1/2 Street to Excelsior Boulevard. The original project started in 1984 with the Minnesota Department of Transportation ( MNDOT) proposing to improve the street with the participation of the cities. The Edina City Council conducted hearings on the issue in August 1984, January 1985 and in June 1986 when the project plan was approved. However, the project did not go forward because MNDOT had a lack of funds and the project was cut from the construction list. In 1988, Hennepin County and MNDOT exchanged several roadways in the metro area and France Avenue became a county road on July 1, 1988. Subsequently, the county took over project control. The reason for the present hearing is two -fold: 1) A considerable period of time has passed from the last hearing and new people now live along the street, and 2) We now have a final cost estimate for the project and are proposing to assess the normal rate for construction of a county state aid or municipal state aid street. The project as originally proposed by MNDOT required a four lane roadway. The City objected and requested and obtained a variance from that requirement. The project as now proposed is for a two lane roadway with one parking lane. The following information presented in the hearing notice as to street width, parking restrictions, and sidewalk are a result of a survey conducted by the City of the residents adjacent to the street. Location W 49 1/2 St to W 49th St W 49th St to W 45th St W 45th St to Morningside Rd (Business Area) Morningside Rd to W 40th St Engineer Hoffman stated that in addition to street width, another issue was the profusion of NSP power poles. Back in the early days NSP provided power by one overhead line serving two homes. The City looked at removing the poles and using underground lines. However, that would require re- wiring all the homes and together with disturbing vegetation to bury the lines it was concluded not to bury the power lines. In one area, from Morningside Road to W. 42nd Street there are some extra poles that can be removed. With regard to the sanitary sewer system north of W. 42nd Street in the low area, the plan provides for sewer being built under France Avenue to get to the west side. Estimated cost for the entire project is $1,725,043.02. The cooperative construction agreement with Hennepin County would result in the following cost splits: Hennepin County $1,328,700.66 Edina 102,028.80 Minneapolis 227,909.00 St. Louis Park 66,404.56 Engineer Hoffman explained that the $102,028.80 in costs allocated to the City basically are construction costs. In the initial stage of the project in 1984, in order to get the project off the ground, the three cities had agreed with MNDOT to do the preliminary engineering work. At that time the City paid Minneapolis $55,000 for the engineering work they did to get the plans to the point where the State would supposedly pick it up and go build it. Therefore, the total cost for the City is estimated at $157,000.00. For the Edina portion of the project, the cost split would be- funded by special assessment and municipal state aid funds. The properties abutting France Avenue are proposed to be assessed at $20.00 per lineal foot of single family lots, $30.00 per lineal foot of multiple family property and $40.00 per lineal foot for commercial. Additionally, it is proposed that the City not assess any properties that have a rear yard facing France Avenue and properties who are asked to give a ten foot sidewalk easement from Morningside Road to West 42nd Street. Engineer Hoffman concluded his presentation by recommending the following action: 1) Re- approve the improvement project, 2) Approve the cooperative construction agreement for the project with Hennepin County, and 3) Authorize the mayor and manager to sign the agreement. He suggested that a resolution be passed whereby the City would inform the County that rights of way, permits and easements required for construction had been acquired at our expense. Also, that certain commitments had been made to the property owners upon obtaining such rights of way, permits and easements and that the County should cooperate with the City to fulfill those commitments. Member Smith asked where and when the construction would begin. Engineer Hoffman explained that the proposal is to start on the south end and work north to W. 44th Street as the first segment, with W. 44th to Excelsior Boulevard as the second segment. The contractor is to have the first segment completed within 25 working days, starting in the middle of May. The second segment would be started after Parking Existine Proposed (West Side) Sidewalk 41.5' 42' No Same 43.5' 42' No as 41.0' 48 Yes existing 33.0' 40' No It Engineer Hoffman stated that in addition to street width, another issue was the profusion of NSP power poles. Back in the early days NSP provided power by one overhead line serving two homes. The City looked at removing the poles and using underground lines. However, that would require re- wiring all the homes and together with disturbing vegetation to bury the lines it was concluded not to bury the power lines. In one area, from Morningside Road to W. 42nd Street there are some extra poles that can be removed. With regard to the sanitary sewer system north of W. 42nd Street in the low area, the plan provides for sewer being built under France Avenue to get to the west side. Estimated cost for the entire project is $1,725,043.02. The cooperative construction agreement with Hennepin County would result in the following cost splits: Hennepin County $1,328,700.66 Edina 102,028.80 Minneapolis 227,909.00 St. Louis Park 66,404.56 Engineer Hoffman explained that the $102,028.80 in costs allocated to the City basically are construction costs. In the initial stage of the project in 1984, in order to get the project off the ground, the three cities had agreed with MNDOT to do the preliminary engineering work. At that time the City paid Minneapolis $55,000 for the engineering work they did to get the plans to the point where the State would supposedly pick it up and go build it. Therefore, the total cost for the City is estimated at $157,000.00. For the Edina portion of the project, the cost split would be- funded by special assessment and municipal state aid funds. The properties abutting France Avenue are proposed to be assessed at $20.00 per lineal foot of single family lots, $30.00 per lineal foot of multiple family property and $40.00 per lineal foot for commercial. Additionally, it is proposed that the City not assess any properties that have a rear yard facing France Avenue and properties who are asked to give a ten foot sidewalk easement from Morningside Road to West 42nd Street. Engineer Hoffman concluded his presentation by recommending the following action: 1) Re- approve the improvement project, 2) Approve the cooperative construction agreement for the project with Hennepin County, and 3) Authorize the mayor and manager to sign the agreement. He suggested that a resolution be passed whereby the City would inform the County that rights of way, permits and easements required for construction had been acquired at our expense. Also, that certain commitments had been made to the property owners upon obtaining such rights of way, permits and easements and that the County should cooperate with the City to fulfill those commitments. Member Smith asked where and when the construction would begin. Engineer Hoffman explained that the proposal is to start on the south end and work north to W. 44th Street as the first segment, with W. 44th to Excelsior Boulevard as the second segment. The contractor is to have the first segment completed within 25 working days, starting in the middle of May. The second segment would be started after that. Mayor Richards asked if the 50th and France merchants had been notified of the construction schedule. Engineer Hoffman said that the liaison committee is aware of the schedule. Mayor Richards then called for public comment on the project. Delores Fretner, 4116 France Avenue, asked if the sanitary sewer would be improved from W. 42nd Street north and also if there would be curbing along the west side of France. Engineer Hoffman replied that .sewer would be constructed under France Avenue from the east side to the west side and that it should help with the sewer back -up problems in that area. Curbing would be constructed along the west side. Mrs. Fretner asked if the new roadway would have a load limit that would prohibit 18 wheelers. Engineer Hoffman explained that it is designed to be an arterial street and will be built to carry commercial traffic. Richard Deme, 4846 France Avenue, asked if the slope for the driveways would be changed. Engineer Hoffman said that the driveway aprons would be replaced and if necessary the driveway grades would be improved. James O'Brien, 4352 France Avenue, suggested a stop sign between Excelsior Boulevard and W. 44th Street to slow down the traffic because it was difficult to get out of the driveways. Mayor Richards said that this type of request is handled through the Traffic Safety Committee and that he should request this be placed on an upcoming agenda for the committee's recommendation. Mr. O'Brien also said that he would be losing extra land because of the proposed angling of the street and asked why that was necessary. Engineer Hoffman explained that there were two reasons for the angling: 1) To improve the sight distance for cars traveling east on Morningside Road at France Avenue, and 2) To provide transition to the 48 foot street width for the commercial area. Mr. O'Brien said that he had a lot of landscaping and a new sidewalk and wanted to be sure it would be put back in kind after the roadway construction. Kent Dixon, 4709 Meadow Road, explained that the rear of his property abuts France Avenue and that for the last three years their house has shook from the traffic on France Avenue. He -asked what the roadway materials are proposed to be. Engineer Hoffman said that the present roadway from near W. 44h Street south is a concrete pavement overlaid with asphalt and that -the concrete panels have caused vibrations. The new street will be asphalt and it should improve the situation. Glen Eaton, 4324/28 France Avenue, asked if he could get the name of the contractor so that he could arrange to have his driveway replaced during the street construction. Engineer Hoffman said that it would be possible and that Mr. Eaton could contract for his private driveway work. Connor Schmid, 4711 Meadow Road, stated that the houses in his block do -not face France Avenue and asked that this be considered in terms of assessment. Engineer Hoffman reiterated that those homes that have rear yards facing France Avenue would not be assessed. Mr. Schmid also said he was concerned about possible plaster damage to his house as a result of the vibrations from breaking up the existing concrete. . Susan Wahman, 4715 Meadow Road, said she was also concerned about the vibrations. She asked what the assessment cost would be to have the NSP lines placed underground. Engineer Hoffman said he had no estimates of cost, that this was looked at several times with NSP and they recommended that it not be done because of the existing wiring and also that the cost would be prohibitive. John Metcalf, property owner of 4228 France Avenue, said he was concerned with the encroachment of the street onto his property, that he would like to move the house further back on the property and would like to be assured that he could obtain a permit to do that and keep the existing basement area a garage /driveway. Engineer Hoffman suggested that he contact the Planning Department to see if this would be permissible. Mayor Richards cautioned that the City can give no assurances that what he is planning to do complies with all ordinances and that there is a process that he must follow. Mayor Richards suggested that if any resident had a specific question regarding his property that he contact the Engineering Department as to the roadway plan as it would affect his property. No further comments being heard, Member Kelly introduced the following resolutions and moved adoption: RESOLUTION WHEREAS, Agreement for participation in the construction of County State Aid Highway No. 17 between West 49 1/2 Street and Excelsior Boulevard, Hennepin County Project No. 8560, Agreement No. PW 96- 11 -88, has been prepared and presented to the City. WHEREAS, Plans for Hennepin County Project No. 8560 showing proposed alignment, profiles, grades, and cross sections 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 Agreement be in all things approved. BE IT FURTHER RESOLVED: That the Mayor and Manager are authorized to sign Agreement No. 96- 11 -88, Hennepin County Project No. 8560. RESOLUTION WHEREAS, Agreement for participation in the construction of County State Aid Highway No. 17 between West 49 1/2 Street and Excelsior Boulevard, Hennepin County Project No. 8560, Agreement No. PW 96- 11 -88, has been prepared and presented to the City. WHEREAS, The City at its own expense, acquired all rights of way, permits and /or easements required for construction of said project as it related to the Edina side of France Avenue. WHEREAS, The City made commitments to property owners upon obtaining necessary rights of way, permits and easements, and understands that such costs shall be borne by the City. NOW, THEREFORE, BE IT RESOLVED: That necessary supplemental agreements and /or change orders shall be executed by Hennepin County in cooperation with the City to the extent that assures completion of agreements that were reached by the City and said property owners. RESOLUTION ORDERING IMPROVEMENT NO. BA -286 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: PERMANENT STREET SURFACING WITH CURB A GUTTER IMPROVEMENT NO. BA -286 France Avenue from West 49 1/2 Street to North City Limits . and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: PERMANENT STREET SURFACING WITH CURB & GUTTER IMPROVEMENT NO. BA -286 and the area to be specially assessed for a portion of the cost of the proposed improvement shall include: Lots 1 through 8, Blk 1, Edina Mill Townhouse Add'n; Lots 1 and 2, 5 through 10, 13 and 14, 16 through 23 and 50, Aud. Sub. 172; Lots 25 through 27, Aud. Sub. 319; Lots-9 through 14, White Oaks 5th Add'n; Lots 1 and 4, Blk 1, and Outlot A, White Oaks Townhouse Add'n; Lots 8 through 13, Blk 20, Waveland Park Add'n;. Lot 1, Blk 1, Mark Nelson lst Add'n; Lots 1 through 5, and 7, Blk 1, Fairbairn's Rearrangement; Lots 1 through 13, and 79, Norningside Add'n; Lots A through I, RLS 651; and City of Minneapolis Water Department, except that properties having a rear yard facing France Avenue and those properties from Norningside Road to West 42nd Street who give a ten foot sidewalk easement shall not be assessed for the improvement. Motion for adoption of the resolutions was seconded by Member Smith. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolutions adopted. *LOT DIVISION APPROVED FOR LOT 1. BLOCK 2. SOUTH EDINA DEVELOPMENT ADDITION Notion was made by Member Smith and was seconded by Member Kelly to adopt the following resolution: RESOLUTION WHEREAS, the following described property is at present a single tract of land; Lot 1, Block'2, SOUTH EDINA DEVELOPMENT ADDITION; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: 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 a 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 minutes 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; and All of Lot 1, Block 2, SOUTH EDINA DEVELOPMENT ADDITION, except that part described above. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved that the conveyance and ownership of s hereby approved and the requirements a Ordinance No. 825 are hereby waived to as separate tracts of land but are not other provision thereof, and subject, subdivision be made of said Parcels un ordinances of the City of Edina or wit h be provided for by those ordinances. Motion carried on rollcall vote, five by the City Council of the City of Edina aid Parcels as separate tracts of land is an provisions of Ordinance No. 801 and allow said division and conveyance thereof waived for any other purpose or as to any however, to the provision that no further less made in compliance with.the pertinent the prior approval of this Council as may ayes. *HEARING DATE SET FOR PLANNING MATTER Motion was made by Member Smith and was seconded by Member Kelly setting February 2.1, 1989 as hearing date for the following Planning matter: 1) Preliminary Plat Approval - Fairview Southdale Addition - BTO Development and Fairview South Hospital - Generally located east of France Avenue and north of West 65th Street. Motion carried on rollcall vote, five ayes. PORTION OF SCRIVER ROAD RIGHT OF WAY VACATED Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Engineer Hoffman presented the request for vacation of excess right of way for Scriver Road. He advised that the property owner on Lot 1, Block 2, Hyland Acres has petitioned the City to vacate excess right of way adjacent to the subject lot. He explained that the excess is a result of the roadway being extended to the west, with the existing cul -de -sac not being necessary at this location. Staff would recommend approval of the request, subject to retaining utility easement rights for NSP, Rogers Cablesystems and Minnegasco as requested by the utility companies. Member Kelly asked if the purpose was to create another buildable lot or to enhance the property. Terri Groen, Rider, Bennett, Egan and Arundel, said that she represented the proponents, Douglas R. and Linda Linder. She explained that the Linders plan to build a single family home on Lot 1. Member Rice asked what the square footage was of the proposed area to be vacated. Ms. Groen estimated it to be approximately 1,000 square feet. She pointed out that the Zoning Ordinance limits lot coverage to 25% and the square footage that would be added by the vacation would permit a slightly larger house to be built.on the lot. Mayor Richards called for public comment on the proposed easement vacation. No comments or objections were heard. Member Smith introduced the following resolution and moved adoption: RESOLUTION VACATING EASEMENT FOR STREET PURPOSES WHEREAS, a resolution of the City Council, adopted the 19th day of December, 1988, fixed a date for a public hearing on a proposed vacation of easement for street purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 6th day of February,. 1989, 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 easement 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 person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, main's, 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 street right of way is hereby vacated: That part of Scriver Road dedicated on the recorded plat of HYIAND ACRES and now vacated which lies southerly of a line described as follows: Beginning at the Northwest corner of Lot 1, Block 2, in said plat; then on a assumed bearing of East, along the North line of said Lot 1 and its easterly extension, a distance of 36.65 feet; thence southeasterly, a distance of 36.49 feet, along a tangential curve concave to the Southwest having a radius of 35.14 feet and a central angle of 59 degrees 30 minutes 00 seconds, to the easterly line of said Lot l.and said line there terminating; PROVIDED, HOWEVER, that after due consideration, the Council has determined and hereby specified that the foregoing vacation shall not affect, and there is hereby continued, reserved and retained a utility easement and the authority of the City of Edina and each and every other person or corporation owning or controlling any electric, telephone or cable television poles and lines. gas or sewer lines, or water pipes, mains and hydrants, now in, on or under the above vacated area, to enter upon the above vacated area to maintain, repair, replace, remove, or otherwise attend thereto; The City Clerk is hereby 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 Mayor Richards. Rollcall: Ayes: Kelly, Smith, Richards Nays: Paulus, Rice Resolution adopted. *ORDINANCE NO. 171 -A29 (TO CORRECT MINIMUM FEE FOR WATER SERVICE) ADOPTED: SECOND READING WAIVED Motion was made by Member Smith and was seconded by Member Kelly for adoption of Ordinance No. 171 -A29 - To Correct Minimum Charge for Water Service as follows, with waiver of Second Reading: ORDINANCE NO. 171 -A29 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO CORRECT MINIMUM CHARGE FOR WATER SERVICE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section, 1. The amount of the following described Fee Number of Schedule A to Ordinance No. 171 is hereby amended to read as follows: ORD. SEC. NO. NO. PURPOSE OF FEE /CHARGE AMOUNT FEE NO. 1111 3(B) Water Service Minimum charge of $6.60 per 39d quarter will be made where .water consumption amounts to less than 1800 cubic feet Sec. 2. This ordinance shall be in full force and effect immediately .upon its =- passage and publication. ATTEST: Mayor City Clerk Motion carried on rollcall vote, five ayes. *BID AWARDED FOR MUNICIPAL POOL FILTERS Motion was made by Member Smith and was seconded by Member Kelly for award of bid for municipal pool filters to recommended low bidder, Northwestern Power Equipment Company, at $12,582. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR SEMI - AUTOMATIC HAND GUNS Motion was made by Member Smith and was seconded by Member Kelly for award of bid for semi - automatic hand guns to recommended low bidder, Ray.O'Herron Company, at $18,350.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR FIVE PASSENGER MINI -VAN Motion was made by Member Smith and was seconded by Member Kelly for award of bid for a five passenger mini -van to Thane Hawkins Polar Chevrolet at $12,508.00 under Hennepin County Contract #9544. Motion carried on rollcall vote., five ayes. *BID AWARDED FOR (2) REVERSIBLE SNOW PLOWS Sc WINGS FOR TRUCKS Motion was.made by Member Smith and was seconded by Member Kelly for award of bid for (2) reversible snow plows and wings for trucks to recommended low bidder, LaHass Manufacturing & Sales, Inc., at $14,107.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR CUSHMAN TRUCKSTER Motion was made by Member Smith and was seconded by Member Kelly for award of bid for cushman truckster to recommended low bidder, Cushman Motor Company as sole supplier, for $6,600.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR (10) POLICE TRAFFIC RADAR UNITS Motion was made by Member Smith and was seconded by Member Kelly for award of bid for (10) police traffic radar units to recommended low bidder, MPH Industries, Chanute KS, at $7,750.00. Motion carried on rollcall vote, five ayes. CITY -WIDE RECYCLING PROPOSAL Janet Chandler, Recycling Coordinator, presented the city -wide recycling proposal stating that it was in answer to Council's request-of January 9 which directed staff to develop a recycling program featuring weekly pickup of recyclables the same day as garbage pickup using only one vehicle (single trip) if possible, and containers for those residents who request them. Staff was also asked to find a way to maximize the funding that would be available from Hennepin County. The program would include the following: 1. Weekly recycling'pickup by garbage haulers for their customer's, same day as garbage service (required by proposed ordinance). 2. Volume based garbage fees to encourage recycling and waste reduction (required by proposed ordinance). 3. City contract to pay each hauler for recycling pickup for their customers. Alternate Option A: City pay a rebate to recyclers on an annual basis. 4. Recycling Center to remain open through 1989. 5. Promotion campaign that includes a mailing to each household, and containers and decals Coordinator Chandler then explained the features and implementation requirements of the program as follows: Item #1 - Pickup of Recyclables by Licensed Garbage Haulers By ordinance, the City would impose that the garbage haulers must (a) pick up recyclables from their customers weekly and on the same day as garbage pickup, and (b) submit monthly recycling tonnage reports. (Ordinance No. 1301, new Sec. 16 Collection of Recyclables) Council had requested one trip, single truck garbage /recycling pickup. Staff does not believe this is feasible at the present time due to the limitation of available equipment. The issue should be revisited in one year to determine feasibility at that time. Until then, same day service for garbage and recyclables should be required. Item #2 - Volume Based Fees City would require that fees charged by garbage haulers must be structured so as to promote recycling and waste reduction, e.g. those who have the least amount of non - recyclable garbage would pay the lowest rate for pickup service. Staff concluded that this would be extremely difficult to prescribe and would recommend more general standards by ordinance as well as a requirement that fee structures be submitted for the City's review and approval. The City may publish fee-structures of.all haulers so as to promote competition thereby providing the most advantageous fee structure to the customer. (Ordinance No. 1301, Sec. 3 - new Sec..,18) Item #3 - Contracts with Haulers/County Funding - Hennepin County presently will reimburse 80% of program costs. In order to qualify for reimbursement of collection costs, the City must contract for and incur the collection costs. Staff believes a system can be structured whereby each homeowner would retain the flexibility of selecting the garbage /recycling hauler and that would also qualify the City for reimbursement of costs. The City would contract-with each licensed residential hauler and agree to pay that hauler a designated amount per customer per month to defray costs of pickup. Staff believes that a payment of one dollar per customer per month is a reasonable fee. The fee could be changed by resolution of the Council. (Ordinance No. 1301, Sec. 17) (City /Hauler Agreement) Alternative Option A - City would not pay the hauler a designated amount per customer per month to defray costs of pickup. Instead, the City would use Hennepin County funding to give a direct rebate to each recycler on an annual basis, e.g. credit on the water bill. Item #4 - Recycling Center - The Center would remain open through 1989. Traffic at the Center would most likely decrease and staffing would continue on a parttime basis. Sunday closing would be enforced. Item #5 - Program Promotion - Flyers explaining program details, preparation of materials, volume based fees, containers and the compost program would be sent to each household. A reduced version giving highlights of the program could also be given to haulers to include with their customer mailings. A "How to Recycle" flyer could be included with each container that is delivered. In addition, Hennepin County is planning a promotion-for March and April which will benefit all recycling programs. Miscellaneous Ordinance Changes - An amendment is proposed which would make it a misdemeanor for anyone other than the designated collector to pick up recyclables. (Ordinance No. 1001, new Sec. 21) "Recyclables" would be defined and differentiated from other categories of refuse. (Ordinance No. 711, Sec. 1) Placement of Recyclables - Placement of recyclables would be as follows: recyclables shall be stored and placed for collection in containers separate from refuse and clearly marked or identified as recyclables. Recyclables shall be placed for collection within 5 feet of the garage and must be visible from the street or alley. This recommendation would allow some flexibility in placement, taking into account the variety of house /garage /driveway configurations. Residents who have alleys could have alley -side pickup. The haulers' concern is for efficiency in pickup. They have pointed out that time spent in checking.out garages.of non - participants would increase their costs. (Ordinance No. 711, Sec. 1 & Sec. 3) Containers - Containers are an important part of successful programs and have practical and promotional functions. The Council directed that the City should not purchase containers for all residents but make them available for residents who want them. It was also suggested that decals be made available for residents to place on their own containers. Staff would recommend that the City purchase a container for each household and also decals. The haulers would then pick up the containers and distribute them to their customers who request them. Hennepin County Funding - With the proposed program, the City would be reimbursed by Hennepin County for 80% of the hauler contract costs, $5 per household for purchase of containers, and 80% of all other program costs. Start -Up Date - Staff would recommend that the program begin in May. This would allow time for preparation of promotional materials and delivery of containers. The haulers have indicated that would be workable for them also. Action Recommended - Adoption of Ordinance Amendments Nos. 1301 -A4, 1001 -A4 and 711 -A6. Adoption of a resolution establishing the City payment to haulers. If Alternate Option A is selected proposed Sec. 17 of Ordinance No. 1301 -A4 would be deleted. Authority to accept bids for containers. Summary of Costs - Net program cost whereby the City would contact with current haulers is estimated at $144,000 (Hennepin County 80% — $115,200; City.20% — $28,800). Total container cost is estimated at $101,250 (Hennepin County @ $5 $67,500; City @ $2.50 — $33,750). Total 1989 recycling cost is estimated at $245,150 (Hennepin County share — $182,700; City's share $62,550). Following the presentation, Mayor Richards called for comment from representatives of Hennepin County, haulers and citizens. Valerie Varno, 5112 Duggan Plaza, spoke in support of the proposed program and suggested that the City also involve businesses. D. L. Tuveson, 4300 Branson Street, said he would like the freedom of choice as to individual hauler for recyclables. .Jim Utley, 4704 W. 70th Street, said he supported the general concept of the proposal in terms of weekly pickup, containers, etc. He commented that he was concerned about the increased pickup costs to the homeowner over current garbage fees when recyclables are included. Also, he asked how yard waste would be handled. Coordinator Chandler explained that currently the City requires the hauler to make separate pickup of yard waste to be taken to a compost site. Bob Elliot, Quality Waste Control, said that he was concerned by the requirement that fee structures be submitted for the City's review and approval. He suggested that the competitive nature of the hauler business would take care of the issue of fees. Also, he said that a charge of $1.20 per month per customer for pickup in the backyard would not be out of order. Levering Wood, Recycling Commissioner, asked that the Council not get hung up on the issue of curbside versus garage pickup of recyclables; that efficiency is the important factor to consider. He stated that he still felt strongly about his position in supporting a single service provider for recycling pickup. He said he was concerned about the service level that would be provided by individual haulers. Stephen Sando, Recycling Commissioner, said that he had voted for a single hauler city -wide, but that he now felt comfortable with contracting with individual haulers with a review of the issue in a year. Member Paulus commented that after reading the proposal she had reversed her preference of individual haulers and would support a single recycling pickup provider based on several concerns, e.g. that this would be a new field for the current haulers, that they may not be able to purchase the needed equipment, that if not successful an individual hauler may not continue pickup, and that it would result in more traffic on residential streets. Member Smith stated that he would opt for contracting with individual haulers. He said he hoped that the City would adopt a system that would send incentive money (County funding) to the residents who recycle, that the monthly rate to residents who recycle would be structured so that those who have the least amount of garbage would pay the lowest rate, and that containers for recyclables would not be a mandatory requirement but that residents could use their own containers on which they would place a recycling decal. He expressed his appreciation for the work that the coordinator and staff has done in developing the proposed program. He said that the City needs to move forward in. getting a program established that will motivate residents to recycle. Member Rice said that he would support contracting with individual haulers, same day service as garbage pickup, placement of recyclables for pickup within 5 feet of the garage and visible from the street, and good container or decal as incentive. As to the proposed rebate to residents, he said we should encourage recycling because it is the right thing to do. He said he felt that service costs would go up over a period of time and therefore it would be difficult to say how much any rebate might be. Member Kelly commented that she felt a single service provider would do a better job and would make the program easier to administer. The big single haulers have the necessary equipment, know where the markets are for recyclables, and facilities to hold the material until the market is created and that they will come up with the ways to re -use the material. Regarding the proposed rebate, she said she felt that the real "rebate" would be the enhancement of the environment. As to placement of recyclables for pickup, she said whether it is at the garage or the curb is not a big issue for her. She added that it was very important that the Recycling Center remain open. Mayor Richards said that he would go with a single service provider, that he did not feel the City needed to provide containers but that it was not a big issue. He said he felt strongly that recyclables should be picked up at the garage and also, that he would like it to be a mandatory program. Attorney Tom Erickson advised that there is a statute that regulates organized collection. If the City would opt for that method for collection of recyclables then there are certain procedures that must be followed. It would take a period of approximately 90 days to get to the point of saying the City is going to organize the collection and have it done in a certain manner. If the City decides to have independent or multiple haulers, it is not looked on as organized collection and would not be within the statute. If the City contracts with a single hauler for the entire City or with a single hauler for a number of districts of the City then it arguably would be organized collection. He added that there is a difference of opinion within municipalities and their attorneys as to whether organized collection applies to household refuse and recyclables.. He recommended that if the City goes with the single hauler that we proceed by,,' following the statute requirement concerning the 90 day period. Following debate by the Council on the various issues of the proposed recycling program, Member Kelly made a motion to approve a City -wide recycling pickup program for R -1 and R -2 Dwelling Unit Districts that would include the following: 1) Publish required notice for public hearing on March 6, 1989 to consider adoption of a resolution for organized collection, 2) Bid process to contract with a single hauler for collection of recyclables, 3) Recyclables to be placed for collection in the rear of premises to be out of view of the street, or in the garage, 4) No costs to the residents except through the General Fund, 5) Reimbursement from Hennepin County for all eligible costs to City, 6) No rebate program to residents who participate in program. Motion was seconded by- Member Paulus, who then offered an amendment to the motion that the program be mandatory. Motion for the amendment was seconded by Mayor Richards. Ayes: Paulus, Richards Nays: Kelly, Rice, Smith Motion for amendment defeated. Mayor Richards then called for rollcall vote on the main motion. Rollcall: Ayes: Kelly, Paulus, Rice, Richards Nays: Smith Member Smith said he voted no because he did not support contracting with a single hauler. TRAFFIC SAFETY COMMITTEE MINUTES OF 1/17189 APPROVED Member Kelly moved approval of the following recommended action list in Section A of the Traffic Safety Committee Minutes of January 1, 1989: 1) That "NO PARKING SCHOOL DAYS, 8 Ali - 4 PH" signs be installed in front of the listed residences: 6801, 6805, 680,9 and 6813 St. Patrick's Lane; 2) That "3 HOUR PARKING" signs be installed on the wall facings of the north and west sides of the upper level of Jerry's ramp; and in the lower level for all areas to the right side of the ramp entrance, including the north, west and south walls and the two middle parking rows; 3) West 49 1/2 Street Ramp: Add one "HANDICAPPED PARKING" space at the west end of the lower level, adjacent to the existing handicapped parking area. West 51st Street Ramp: Replace the two missing "HANDICAPPED PARKING" signs on the first level support columns in the northwest corner, next to Lund's grocery store. Also install "NO PARKING" signs next to the drive aisles at the north and south ends of all levels of the ramp; 4) That a "STOP" sign be installed at the pedestrian crossing and to place "CAUTION" signs to alert crossing pedestrians to oncoming traffic on the service alley that _goes from West 51st Street, past the east side of the ramp, and on to France Avenue; and to acknowledge Sections B and C of the Minutes. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RIGHT OF WAY PLAN APPROVAL FOR FRANCE AVENUE (W. 70TH STREET TO MINNESOTA DRIVE) CONTINUED TO 316189 Engineer Hoffman recalled that on March 21, 1988 the Council had 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 for the project 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. The County's request is to receive approval of a right of way plan for the project. Engineer Hoffman stated that staff has reviewed the plan and would recommend approval. The costs for purchase of right of way of $932,000 will be split by Hennepin County, county state aid and municipal state aid, and special assessment. Engineer Hoffman explained that approval of the right of way plan for France Avenue is tied to the next agenda item concerning the proposed Mavelle Drive street vacation for which staff would recommend a hearing date of March 6, 1989. Member Kelly made a motion to continue the right of way plan approval for the France reconstruction to March 6, 1989 to be considered in conjunction with the proposed Mavelle Drive vacation. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. HEARING DATE OF 316/89 SET FOR MAVELLE DRIVE VACATION Engineer Hoffman observed that during review of the proposed France Avenue reconstruction it was determined that 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 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 need,the France Avenue right of way for the project; the property owners need the parking spaces for the site. The site has a significant shortage according to City ordinances. All parties involved understand the need to eliminate as many curb cuts from France Avenue as possible for traffic safety, and to restore the site to an equal or better position following the reconstruction of France Avenue. Staff has reviewed the Mavelle Drive right of way as a possible way to restructure the sites to accommodate all needs. Traffic counts conducted for a day indicated very few users of the existing Mavelle Drive. After an eleven hour manual count, ' only 77 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. Engineer Hoffman concluded with the recommendation that the Council conduct a public hearing on May 6, 1989 to consider vacating Mavelle Drive. Following discussion, Member Kelly introduced the following resolution and moved adoption: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF OF EASEMENT FOR STREET PURPOSES (MAVELLE DRIVE) BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that the following described easement for street purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.19: Commencing at the Northeast corner of Lot 1, Block 3, Rearrangement of Blocks 1, 9 and Lot 1, Block 2, Stow's Edgemoor Addition, a recorded plat of Hennepin County, Minnesota; thence Northerly on an assumed bearing of North 00 degrees 15 minutes 40 seconds West 60 feet; thence West 200.00 feet; thence Southwest along a curve concave to the Northwest with a chord bearing of South 18 degrees 00 minutes 40 seconds West, central angle of 36 degrees 32 minutes 40 seconds, a radius of 179.26 feet 114.34 feet; thence Southwesterly bearing 35 degrees 00 minutes 00 seconds West 29.03 feet; thence Northeasterly on a tangential curve concave to the Southeast with a central angle of 55 degrees, a radius of 54.21 feet•-52.04 feet; thence East along the North line of said Lot 1 173.96 feet to the point of beginning and there terminating. 2. This Council shall meet at the time and place specified in the-form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR STREET PURPOSES IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota will meet at the Edina City Hall, 4801 West 50th Street on March 6, 1989, at 7:00 p.m. for the purpose of holding a public hearing on the proposed vacation of the following street right of way: Commencing at the Northeast corner of Lot 1, Block 3, Rearrangement of Blocks 1, 9 and Lot 1, Block 2, Stow's Edgemoor Addition, a recorded plat of Hennepin County, Minnesota; thence Northerly on an assumed bearing of North 00 degrees 15 minutes 40 seconds West 60 feet; thence West 200.00 feet; thence Southwest along a curve concave to the Northwest with a chord bearing of South 18 degrees 00 minutes 40 seconds West, central angle of 36 degrees 32 minutes 40 seconds, a radius of 179.26 feet 114.34 feet; thence Southwesterly bearing 35 degrees 00 minutes 00 seconds Vest 29.03 feet; thence Northeasterly on a tangential curve concave to the Southeast with a central angle of 55 degrees, a radius of 54.21 feet 52.04 feet; thence East along the North line of said Lot 1 173.96 feet to the point of beginning and there terminating. All persons who desire to be heard with respect to the question of whether or not the above proposed street right of way vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street right of way vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, 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, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Member Smith. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. CITY TO MAKE OFFER FOR PURCHASE OF LOT 9. WHITE OAKS 2ND ADDITION FOR OPEN SPACE Manager Rosland recalled that at the meeting of December 19, 1988, residents of the White Oaks neighborhood had asked the Council to consider acquiring Lot 9, White Oaks 2nd Addition, for open space and ponding of storm water. They were concerned because a builder has purchased the lot and they did not want to see it developed. They reported that presently there is litigation between the buyer and seller to enforce the purchase agreement. The Council had requested that the Park Board and Engineering Department review the subject lot for their recommendations on purchase for open space and the effect filling would have relative to stormwater retention if a home were built on the lot. Manager Rosland reported that the Park Board has considered the request that Lot 9 be acquired for open space and had referred to the Open Space Report of 1974 as it concerned the White Oaks area. The report had stated that if any property became available within the Country Club area it should be considered for possible acquisition for.open space or recreation. It specifically did not refer to open space areas in the White Oaks neighborhood -.only that a meadow owned by residents was maintained as open space in the White Oaks area. After discussion and consideration the Park Board had moved to table any discussion on the subject until after the current litigation is settled. A review of the subject area by the forester concluded that the lot in question does not contain any hardwoods - the only trees found were small boxelders, willows, etc. normally found in lowland areas. The only evidence of wildlife is that of squirrels in the area. Engineer Hoffman reported that from the stormwater review staff had concluded that none of the rainstorm designs they use would cause the adjacent roadways to become flooded. In a rainstorm event water would rise about 3 feet, plus or minus, and stay within the confines of the lowland area. The filling of Lot 9 to provide a building pad would affect the water elevation by approximately one -half foot. The only case in which staff felt there could be a problem would be a snow melt event in the winter when the ground was frozen and water could not seep into the ground. This could be mitigated with piping and /or pumping. Additionally, he stated that during the severe rainstorm of July, 1987 this area was not a problem area. He concluded that the lot could be buildable from an engineering point of view. As to whether is would be cost effective because of the site problems, he said that a specific proposal has never been presented. Connor Schmid, 4711 Meadow Road and representing the White Oaks Improvement Association, referred to his letter of February 3, 1989 stating the position of the Association relative to the Townes Road marsh area and the acquisition of Lot 9. He noted the following points: 1) Pledges of over $8000 from neighbors have been received to assist the City in purchase of Lot 9, 2) A probable 12,500 square foot complementary open space easement dedication from current abutting neighbors, 3) A probable 5,000 square foot complementary ponding easement dedication from current abutting owners, 4) Avoidance of new storm sewer /pumping expense, 5) Reduction or avoidance of road repairs due to periodic flooding, 6) Preservation of the Townes Road entrance area plan of the original developer, 7) Preservation of the over 50 =year status quo area of the marsh, and 8) Avoidance of possible variance problems or over - crowding of Lot.9 with building mass because of the high estimated cost of correcting soil conditions and providing sewer access. He stated that the very fact of pending litigation, indicating a dispute over the seller's ability to compel Andron's (buyer) acquisition of the site for $75,000 may present an opportune time for the City to explore acquisition of Lot 9 at its estimated fair market value, which as of January 2, 1988 is at $26,600. Cliff Code, 4704 Townes Road, stated he had resided there for 27 years and knew the marsh well. He said he was the pledge seeker, that the responses have been fabulous and no one has refused to pledge. To date he has secured 41 pledges for over $8,500 towards purchase of Lot 9. He added that everyone was in support of keeping the marsh as it is presently. Mayor Richards asked the residents whatikind of a price should be offered if the City were to participate. Mr. Schmid replied that it should be something-less than $75,000. He said there is subs tantial'evidence that it is worth less 'than that. The City Assessor placed a market value of $26,600 as of January 2, 1988 on the lot. He suggested that the City approach the seller and buyer that are in dispute over the property concerning purchase of the lot. Member Paulus asked what the City has done in the past on acquiring land for basically nature /aesthetic purposes. Manager Rosland said that the City has bought land at the market price. Krahl Hill was purchased at approximately $320,000 which is a significantly larger piece of land. The neighbors contributed to that fund but the majority came from the Open Space Fund which has been exhausted. The Hume property along County 18 was considered for purchase with Open Space Funds but instead the funds were put towards the open space and property surrounding the Edina Art Center. The property at 42nd and Kipling was acquired by the City as tax forfeited land and cost was incurred in the development of the stormwater pond on the property. Mayor Richards asked for clarification on the issue of whether Lot 9 is a buildable lot according to City ordinances. Planner Larsen explained that if a proposal to develop the lot were presented that would provide answers and satisfy staff concerning the engineering and stormwater questions for the lot, then the City would issue a building permit. The lot would also have to meet the size requirements in the Zoning Ordinance. Engineer Hoffman added that to date no one has demonstrated that it is feasible to build on the lot. If cost is no issue, he said he felt that the lot could be put into shape and form that would allow a home to be built. Member Smith made a motion to direct staff to prepare a purchase agreement for purchase of Lot 9 at the appraised value, subject to the requirement that one -half 7, of the money would come from the White Oaks Improvement Association and other donations. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT GIVEN ON LINK ROAD Assistant Manager Hughes recalled that on June 1, 1987 the City Council had ordered the reconstruction of Link Road and the closure of the Eden Avenue/Vernon Avenue intersection as recommended by the Grandview Development Plan. He said that the project has not proceeded for a number of reasons. Construction of the improvement requires a relatively large right of way purchase from the SuperAmeria station. It also requires that SuperAmerica redirect access to and from the station. Compounding this problem is the fact that the present station is located on an unusually small site and the station building is somewhat obsolete. Although staff has met several times with SuperAmerica, it has been difficult to structure an agreement meeting all interests. He also recalled that staff has met on past occasions with developers interested in redeveloping the Lewis Engineering, Kunz Oil warehouse and the Edina school bus garage properties. As part of those discussions, issues have arisen concerning the Link Road project. Some interest has been expressed to include the Wave Car Wash and possibly SuperAmerica in a redevelopment project. If such a project were possible, staff would recommend that the design of Link Road should be upgraded from that approved by the Council. However, based on what staff understands to date, it may be doubtful that there will be a larger project in the area that may come along so that the Link Road construction could be done in the 1989 construction season. Given these factors, coupled with the relatively slow lease up of Vernon Terrace, staff has not vigorously pursued the Link Road project ordered by the Council. Assistant Manager Hughes advised that staff believes we should proceed with the original project during the 1989 construction season to comply with the spirit of the City's agreement with the Vernon Terrace developers and the wishes of the Richmond Hills residents. He added that the Council should be aware that the City may have to resort to condemnation to acquire the necessary right of way. However, the Council would have the opportunity to review and accept or reject the condemnation award. Member Smith asked about the traffic light proposed for the intersection that was a part-of the package for the Vernon Terrace project. Engineer Hoffman explained that the existing intersection is too small to accommodate the traffic light and that the light is tied into the Link Road project. Member Smith suggested that the City proceed with the Link Road project so as not to adversely impact Vernon Terrace. Considerable discussion was held by the Council as to whether or not to proceed with the project as approved by the Council on June 1, 1987. It was concluded that staff should move forward with the project. CITY NOT TO PARTICIPATE IN HENNEPIN COUNTY ECONOMIC DEVELOPMENT CONSORTIUM Member Smith said that the Mayor had asked him to attend a meeting on January 10 concerning the Hennepin County Economic Development Consortium. The Consortium has drafted a mission statement and goals and has invited the City's participation. No membership dues will be assessed in 1989, but a dues structure is expected to be established for 1990. Apparently, fully developed cities like Edina will be assessed lower dues than developing cities. Also, cities joining in 1989 are not committed to rejoin in 1990. Member Smith said that he had no strong recommendation in that the City has no land for economic development as do our neighbors. He suggested that the City not participate. Following some discussion it was informally concluded not to participate in the Consortium. ANNUAL CONGRESSIONAL CITY CONFERENCE Mayor Richards asked the Council if anyone had an interest in attending the Annual Congressional City Conference on March 11 -14 in Washington, D.C. He requested that it be put on the next agenda for final decision. ADVISORY BOARDS /COMMISSIONS APPOINTMENT PROCESS DISCIISSED: REAPPOINTMENTS APPROVED Mayor Richards referred to his suggested procedure that the Council hold interviews with residents during the year who are interested in being considered for appointment to advisory boards and commissions. This would give the Council time to think about the candidates to make sure there is a fair, good cross section representation on the boards and commissions in advance of February 1 when terms expire and appointments are made. He advised that Itti Furlong has told him that she no longer can serve on the Edina Park Board because of time constraints. Mayor Richards said he would have no problem making reappointments to the boards and commissions for those members who terms expired February 1. The Council then could deal with the current vacancies by submitting names for consideration. The proposed interview procedure would not be followed for the current vacancies. Names of candidates on file, the individuals who had sought Council appointment recently, together with any additional names submitted would together be considered when filling the current vacancies. Member Smith made a motion to accept the appointment process as proposed by Mayor Richards. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Notion was made by Member Kelly, for consent of the Mayor's reappointment of individuals to advisory boards /commissions /committees as follows: Community Development and Planning Commission (3 year term to 2 -1 -92) - John Bailey, Gordon V. Johnson, Geoffrey Workinger; Edina Park Board (3 year term to 2 -1 -92) - James R. Fee and William M. Lord; Board of Appeals and Adjustments - (3 year term to 2 -1 -92) James H. Bentley; Building Construction Appeals Board (3 year term to 2 -1 -92) Quentin A. Collins and Eugene P. Palmer; Human Relations Commission - (3 year term to 2 -1 -91) Patricia Llona, Judith Semsch and Nancy Atchison; Recycling Commission (2 year term to 2 -1 -91) Virginia Bodine, Nancy Grimsby and C. Levering Wood; Community Health Services Advisory Committee (2 year term to 2 -1 -91) Dr. Sharon Aadalen, Holly Branch, Virginia McCollister, Effie McKerson and Dr. Walter Wilder; Edina Art Center Board (3 year term to 2 -1 -92) Arthur H. Dickey and Delores Paul. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards announced that appointments to the Heritage Preservation Board and to fill current vacancies would be on the Council agenda for February 21 and that any additional candidate names should be submitted promptly. COUNCIL LIAISON ASSIGNMENTS TO BOARDS /COMMISSIONS TO BE DISCIISSED Mayor Richards referred to the 1988 list of Council liaison assignments to the various advisory boards and commissions and suggested that the.present Council Members advise the Manager's office of their preferences to be included in the Council packets for discussion at the February 21 meeting. The Council also briefly discussed whether liaisons to the advisory boards and commission was really necessary or desirable. Mayor Richards asked that the subject be placed on the February 21 Council agenda for further discussion. COUNCIL CALENDAR OF UPCOMING DATES NOTED Mayor Richards asked the Council to note the following dates on their calendars: Thursday, March 9 - Council Orientation - 1:30 -4 :30 p.m. - Manager's Conf. Rm. Saturday, March 11 - Strategic Planning Retreat - 8:30 a.m. -3 p.m. - Braemar Clubhouse Tuesday, March 21 - Annual Dinner Meeting - 6:00 p.m. - Braemar Clubhouse Friday, April 21 - Edinamite Party - 6:00 p.m. - Edinborough Park Monday, April 24 - Board of Review - 5:00 p.m. - Council Room _Tuesday, April 25 - Volunteer Recognition Reception - 5:00 p.m. - Braemar Clubhouse *TEMPORARY 3.2 ON -SALE BEER LICENSE APPROVED FOR ST. PATRICK'S CHURCH Motion was made by Member Smith and was seconded by Member Kelly to approve issuance of a temporary 3.2 on -sale beer license to St. Patrick's Church for March 12, 1989. Motion carried on rollcall vote, five ayes. CORNELIA PARK ACTIVITY EXPLAINED Member Smith asked about the vehicle activity at the Cornelia Park parking lot. Manager Rosland explained that Fairview Southdale Hospital had asked permission for staff to park their cars in the Cornelia parking lot during the current construction on their campus. The employees are transported to and from the hospital by a shuttle service and use the temporary shelter while waiting for the bus. The hospital has made a donation to the City of $1,000 in appreciation. LETTERS FROM RESIDENTS NOTED Mayor Richards referred to the following letters from residents: 1) Verne 0. Phelps, 5101 W. 70th Street - Concerning response he had from Hennepin County regarding ragweeds. 2) James E. Toepel, 4622 Arden Avenue - Concerning "speed traps" on W. 50th Street (Referred to Police Department for response) 3) Larry Laukka - Reporting on opening of sales office for Centennial Lakes housing. During the first two days the count was over 250 individuals with 99 interested prospects. 4) Madeline Habighorst, 5801 Brookview Avenue - Requesting discount for seniors at municipal swimming pool. (Referred-to Park Department for response) 5) Richard G. Taplin, 4904 Aspasia Lane - Requesting larger size units and expressing concern about the lack of elevators in the Centennial Lakes housing units. (Referred to Developer) PROPOSED LEGISLATION FOR PUBLIC TRANSIT SYSTEM TO BE INTRODUCED Manager Rosland reported on the proposed legislation concerning the public transit system planned for the southeast area of the City which will be introduced in the legislature by Senator Don Storm and Representative Mary Forsythe. He explained that it follows the present state laws regarding public transit systems and special service districts. Staff feels that it will move relatively smoothly through the House and Senate in the next few weeks. PROPERTY TAX INFORMATION PRESENTED TO COUNCIL Manager Rosland stated that the 1989 real estate taxes on Edina homes have increased dramatically from 1988. He referred to rate and tax charts which had been included in the Council packets together with some examples of increases and a proposed news release which includes an announcement of a special property tax refund. The purpose of the news release is to make citizens aware that they may be eligible for the $250 rebate. Member Rice commented that he felt the news release was confusing and that the staff should take another look at it before it is released. Manager Rosland also passed out information on cities in Minnesota having over 10,000 in population and listing 1987 figures on revenues and expenditures, including the per capita expenditures for each city. He noted that Edina is at $320.28 per capita and in comparison with surrounding communities Edina is operating in a relatively sane position. . c CLAIMS PAID Motion was made by Member Smith and vas seconded by Member Kelly for approval of payment of claims as per pre -list dated 2/6/89: General Fund $189,092.46, Art Center $2,928.50, Golf Course Fund $16,541.89, Recreation Center Fund $247,724.08, Gun Range Fund $54.04, Edinborough Park $15,004.27, Utility Fund $252,781.40, Storm Sewer Utility $1,669.45, Liquor Dispensary Fund $3,898.74, Construction Fund $28,968.40, Total $758,663.23; and for confirmation of payment of Claims dated 12/31/88: General Fund $410,634.56, Art Center $1,165.95, Swimming Pool Fund $316.21, Golf Course Fund $3,898.77, Recreation Center Fund $10,141.78, Gun Range Fund $501.72, Edinborough Park $9,390.36, Utility Fund $22,583.81, Total $499,775.19 and second Claims list dated 12/31/88: Liquor Dispensary Fund $206,276.87. Motion carried on rollcall vote, five ayes. There being. no further business on the Council Agenda, Mayor Richards declared the meeting adjoined at 10:48 p.m. City Clerk i MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 21, 1989 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Richards. RESOLUTION OF CONDOLENCE ADOPTED FOR WILLIAM V. LEWIS Mayor Richards moved the following resolution of condolence which was adopted unanimously: RESOLUTION OF CONDOLENCE WHEREAS, on the 16th day of February, 1989, death brought to a close the active and productive life of William V. Lewis; and WHEREAS, he was a long time resident of Edina, having moved his family to the village in 1945; and WHEREAS, he was held in high esteem by all who knew him for his many civic interests and his efforts in serving his community; and WHEREAS, he was elected to the Edina Park Board in December, 1948, serving continually on the Board until February of 1973, and was instrumental. in guiding the development of Edina's excellent parks system; and WHEREAS, he was appointed to the Edina Planning Commission in January,.1952, serving as chairman of the Commission since 1967, and playing a key role in the planning and development of the City; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Edina, Minnesota, does hereby mourn the passing of WILLIAM WARDWELL LEVIS and extends its condolences to his daughters Sandra, Barbara and Jacqueline, and also to his grandchildren; BE IT FURTHER RESOLVED that this resolution be entered into the minutes of the Edina City Council and that copies be presented to his family. ADOPTED this 21st day of February, 1989. CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Kelly and was secondAd by Member Paulus to approve and adopt the consent agenda items'as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PRELIMINARY PLAT APPROVED FOR FAIRVIEW SOUTHDALE ADDITION Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Phil Dommer presented the request for preliminary plat approval for Fairview Southdale Addition, generally located east of France Avenue and north of West 65th Street. Planner Dommer stated that 1) the subject property is non - residential property and therefore is not subject to the subdivision moratorium, and 2) the proposed subdivision at the Fairview - Southdale complex does not alter in any way the physical development of the site as approved by the Council in June of 1987. He. recalled that the proposal at that time in the Final Development Plan process was to construct a new medical office building and expand the parking ramp at the site which is currently under construction. Planner Dommer explained that the proposal before the Council encompasses all of the Fairview Southdale Hospital property. The plat would create two lots. Lot 1 would include the hospital, the power plant and all parking and common areas. Lot 2 would encompass the building pad for the proposed medical office building. The purpose of the subdivision is to facilitate mortgage financing for the medical office building. The Zoning Ordinance requires that all lots have at least 30 feet of frontage on an improved public street, other than a limited access highway. Lot 2 of the proposed plat does not satisfy this requirement. Thus a variance from the requirement is requested. The intent of the requirement is to prevent land - locked parcels. The proponents, in order to insure against a land - locked lot, have agreed to mutual, perpetual cross easements over all parking and drive aisle areas. The cross easements also Provide for more than adequate parking as required by the Zoning Ordinance. Planner Dommer advised that the Community Development and Planning Commission reviewed the proposal at its February 1, 1989 meeting and recommended approval with the variance, subject to the cross easements being approved by City staff and the City Attorney and being legally executed. He stated that present and representing the developer, BTO Development, were Thomas O'Connell and Allen Hill. Member Smith recalled that originally the medical building was proposed by the hospital and some of the doctors. He asked for clarification of the hospital's role with the current developer. Doug Robinson, Administrator for Fairview Southdale Hospital, explained that the hospital will own both parcels in the subdivision and will be leasing the parcel for the medical office building. The building will be owned by BTO Development and will be leased out to Physician - Practices. Member Smith asked what would prevent that from being a general office building someday and not hospital connected. Mr. Robinson said that risk was minimal to non - existent in his opinion. He stated that the hospital has agreements with the developer that cover that issue and that the intent of the building is for medical office use only. Member Smith said that when the original plan was presented in June, 1981, the was considerable concern expressed from the residents of The Colony and that one of the arguments in support of the project was the public benefit to the community. Planner Dommer pointed out that the property is zoned Regional Medical District and the zoning controls the use of the property regardless of ownership. Member Paulus asked if this subdivision would set a precedent. Planner Dommer said that in his opinion it would not; it is a situation in which we are accommodating financing, and overall physical development of the site will not change. The proposed subdivision is not a land use issue. Member Rice asked if hospitals pay real estate taxes. Mr. Robinson replied no for property for hospital purposes. The subject parcel would be taxable. Mayor Richards called for comment from the public. None was heard. Member Smith introduced the following resolution and moved adoption: RESOLUTION APPROVING PRELIMINARY PLAT FOR FAIRVIEW SOUTHDALE ADDITION, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "FAIRVIEW SOUTHDALE ADDITION ", platted by Fairview Hospital and Healthcare Services and presented at the regular meeting of the City Council of February 21, 1989 be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Rice. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. DR. PAUL CARSON PRESENTS COPY OF "PERFORMANCE STREETS - BUCK'S COUNTY COMMISSION TO COUNCIL Dr. Paul Carson, 6001 Pine Grove Road, presented the Council with a copy of "Performance Streets - Buck's County Commission ". He said it was a Who's Who on freeway and street planning and very interesting. He urged the Council Members to read it as it is gives good information on highway and street construction. *BID AWARDED FOR STORM SEWER IMPROVEMENTS (CONTRACT #88 -9) Motion was made by Member Kelly and was seconded by Member Paulus for award of bid to recommended low bidder, Landwehr Heavy Moving, Inc., at $81,075.50 for the following storm sewer improvements (Contract #88 -9): Valley View at Sally Lane ditch, Sally Lane b Apache Road, and Wooddale Glen to Ninnehaha Creek. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR STEEL PURCHASE Notion was made by Member Kelly and was seconded by Member Paulus for award of bid for steel purchase to recommended low bidder, McNeilus Steel, Inc., at $5,230.22. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR ONE TON TRUCK Notion was made by Member Kelly and was seconded by'Member Paulus for award of bid for a one ton truck to Thane Hawkins Polar Chevrolet at $10,798.00 under Hennepin County Contract #9544. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR JOHN DEERE MOWER Notion was made by Member Kelly and was seconded by Member Paulus for award of bid for a John Deere Mower to recommended low bidder, Gruber's Power Equipment, at $6,156.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR 112 TON PICKUP Notion was made by Member Kelly and was seconded by Member Paulus for award of bid for a 1/2 ton pickup, 1989, to Polar Chevrolet at $11,623.00 under Hennepin County Contract #9544. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR PICKUP TRUCK Notion was made by Member Kelly and was seconded by Member Paulus for award of bid for a pickup truck to Thane Hawkins Polar Chevrolet under Hennepin County Contract #1955. Motion carried on rollcall vote, five ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 2/14189 APPROVED Member Kelly moved approval of the following recommended action listed in Section A of the Traffic Safety Committee Minutes of February 14, 1989: 1) To refer the request to upgrade the intersection of West 54th Street/Xerxes Avenue South from a two -way "STOP" to a four -way "STOP" to both Hennepin County and Minneapolis for review, and that the Traffic Enforcement Unit be assigned to additional speed enforcement on Xerxes Avenue, 2) Installation of a "CAUTION" sign with appropriate wording be placed on Test 70th Street and Highway 100 for westbound traffic. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED REQUESTING MNDOT POLICY CHANGE REGARDING I -494 FRONTAGE ROADS Engineer Hoffman advised that at recent I -494 Project Management Team (PMT) and Joint Powers Organization (JPO) meetings a request was presented from the City of Richfield concerning MNDOT's current policy with regard to frontage roads. He explained that the plans for reconstruction of I -494 provide for the elimination of frontage roads and that MNDOT will not pay costs for relocating the frontage roads to the north through the City of Richfield. The I -494 PMT and JPO have been requested to submit a letter to the Commissioner of MNDOT in support of a resolution urging MNDOT to revise their policy. Additionally, the I -494 JPO felt that each City Council should review the issue and support the general concept as it relates to the I -494 Corridor area. Engineer Hoffman stated that he would recommend Council's support of the resolution as presented. Member Paulus introduced the following resolution and moved adoption: RESOLUTION URGING MN/DOT TO REVISE POLICIES REGARDING FUNDING FOR DETACHED REPLACEMENT FRONTAGE ROADS WHEREAS, the City of Edina participated in the I -494 Corridor Study, and WHEREAS, the I -494 Corridor Study concluded that some of the I -494 frontage.roads east of France Avenue will be lostito the eventual freeway expansion, and WHEREAS, the I -494 Corridor Study concluded that an effective system of supporting arterial roadways is necessary to service short and medium trips within the corridor, and WHEREAS, the I -494 Corridor Study identified 77th, 79th and 80th Streets as replacements to the north and south frontage road lost to freeway expansion and as a supporting arterial roadway for I -494, and WHEREAS, existing MNDOT funding policies would allow funding of the replacement of the north and south frontage road if it were adjacent to the freeway, and WHEREAS, replacing these north and south frontage roads adjacent to the freeway will mean high right of way costs and an adjacent frontage road will not function effectively as a supporting arterial roadway, and WHEREAS, existing MNDOT funding policy does not allow funding of detached replacement frontage roads; NOW, THEREFORE, BE IT RESOLVED by the City Council.of the City of Edina that: - MNDOT be urged to revise its present frontage road funding policy to pay for detached replacement urban frontage roads using the same funding formula as used for frontage roads adjacent to interstate and trunk highways. The City Clerk is hereby directed to forward copies of this Resolution to the Commissioner of MNDOT, the MNDOT District 5 Engineer, and I -494 Joint Powers Commission. Motion for adoption of the resolution was seconded by Member Smith. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBLIC HEARING ON COLLECTION OF RECYCLABLE MATERIALS RE- AFFIRMED FOR 3/6/89: CITY TO REQUEST PROPOSALS Assistant Manager Hughes recalled that on February 6, 1989 the Council had taken action directing staff to begin the bid process to contract with a single contractor for city -wide recycling pickup service, following the public hearing process as may be required by Minnesota Statures, Section 115A.94. He referred to an opinion letter from Attorney Tom Erickson dated February 14, 1989 which stated that based on further research and review, it is now his opinion that the statute does not apply. Based upon the Council's direction and previous opinion that the statute applied, a notice of public hearing has been published setting a hearing date of March 6, 1989. Assistant Manager Hughes explained that the opinion letter listed the following options for the Council: 1. Cancel the hearing for March 6 and direct staff to prepare ordinances for providing for one city -wide collector for recyclables and the necessary information for a request for proposals or for public bidding. 2. Hold a hearing on March 6, but not further follow Section 115A.94, and at the conclusion of the hearing, direct staff to prepare necessary ordinance amendments and information for request for proposals or bidding. 3. Hold a hearing on March 6 and follow Section 115A.94, including the adoption of.a resolution of intent to collect recyclables with a ninety day period within which to prepare the necessary ordinance amendments and documentation. He said that staff has discussed this new legal opinion regarding the public hearing with four of the five residential haulers. The consensus of the haulers was that if they had the opportunity, they would present their case again. However, they felt the process to date has been fair and that they have had opportunities to testify. In fact, two haulers stated that they have already cancelled orders for equipment based on the February 6 Council action. Staff cannot speculate on the number of residents who may wish to testify on March 6. Assistant Manager Hughes said that.the second issue is the public bidding process versus - requests for proposals. The City Attorney has opined that the City may request proposals (RFP) for the city -wide collection of recyclables rather than bids as is customarily the case` for public projects. The major difference is that under the RFP approach, the City is not necessarily obligated to award the contract to the lowest bidder. As a result, the RFP can be worded more generally than the bid specifications and the City would be able to negotiate with those submitting proposals to select the best combination of service and price. Following discussion on the two issues, Member Smith made a motion to re- affirm that a public hearing on collection of recyclable materials be held on March 6. 1989 and to direct staff to proceed with the request for proposal process for city -wide collection of recyclables. Motion was seconded by Member.Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. APPOINTMENT OF ASSISTANT WEED INSPECTOR APPROVED Assistant Manager Hughes explained that Dr. Eugene Davis has been the assistant weed inspector for the City for many years and that he is again interested in being appointed. Staff would recommend his appointment. Motion was made by Member Smith for approval of the appointment of Dr. Eugene Davis as the Assistant Weed Inspector for the City of Edina for the year 1989. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. COUNCIL PASSES ON ANNUAL CONGRESSIONAL CITY CONFERENCE Mayor Richards recommended that the Council pass for this year on sending a Member to attend the Annual Congressional City Conference on March 11 -14 because of the Strategic Planning session for March 11. He suggested that the issue of attendance at national conferences be revisited at budget time. COUNCIL LIAISON RESPONSIBILITIES DISCUSSED Mayor Richards referred to a list of current Council liaison responsibilities that had been prepared by staff. He explained that the practice has been that the Council Members are not necessarily expected to attend meetings of the advisory boards and commissions. Some find it helpful to attend, others attend periodically. Concerns and issues are conveyed to the Council through the liaison Council Member. He suggested that the Council Members indicate their individual preferences as to the boards and commissions for which they would like to be the liaison contact. This would not apply to recent assignments to the SWSCC, SHHSC, I -494 PMT and JPO, and MLC. Member Smith suggested that priorities should be established and perhaps there may be some organizations that the Council should think of getting out of, e.g. Edina Community Education Services Board or adding to the list, e.g. Centennial Lakes Development. Member Kelly noted that she has been the chair for the boards /commissions appointments and in light of the new process that task would be eliminated. Further discussion was held and it was informally agreed that the Council Members should indicate their preference and that the Mayor should then make the decision as to assignments. USE OF BRAEMAR ARENA FOR HIGH SCHOOL COMMENCEMENT APPROVED Mayor Richards advised that the Edina Park Board had considered the request of the Edina High School to use the Braemar West Arena for the 1989 Commencement. The School District will pay for all out -of- pocket expenses, e.g. employee preparation time, modifications to be made, floor covering, etc. The Board had recommended that the Council honor the School's request. Member Smith raised the question as to whether or not this should come under the Park and Recreation rental policy.f Park Director Kojetin explained that it does not fall within as the rental policy pertains to rental of parks and not enterprise facilities. Further, that each enterprise facility has their own rental policy. Member Kelly said she was concerned about potential liability that the City may incur and that if approval were granted a requirement should be that the School District provide adequate liability insurance to protect the City. Member Kelly made a motion to approve the use of the Braemar Vest Arena by the School District to conduct the 1989 Commencement Exercises, subject to the School District providing adequate liability insurance to protect the City from any potential claims. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TRIAL SENIOR CENTER BUS TRANSPORTATION PLAN APPROVED Mayor Richards referred to the Park Board's recommendation that the Park Board work with the School District on a four -month trial basis to rent a bus for Senior Center transportation. The intent would be to provide transportation to the relocated Senior Center for seniors living in the York Avenue area. The City would pay the School District $35.00 per day for rental of a bus. For the four -month period this would be a total cost of $2,800.00 which would come from the Park and Recreation Department's operating budget for senior citizens. Member Kelly made a motion that the Park Board work with the School District to rent a bus on a four -month trial basis to transport seniors to the Senior Center for congregate dining. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. APPOINTMENTS MADE TO ADVISORY BOARDS /COMMISSION /COMIiITTEES Mayor Richards informed the Council that on February 6, 1989 the Council had approved the reappointment.of Holly Branch and Dr. Walter Wilder to the Community Health Services Advisory Committee. Subsequently, it was learned that Mrs. Branch and Dr. Wilder have served six years and are no longer eligible for reappointment. Staff would recommend that one of the vacancies be filled with a provider of health services. He asked that the Council Members suggest someone who could serve as a provider. Mayor Richards then announced appointments to fill vacancies in the advisory boards and commissions. Motion vas made by Member Rice, for consent of the Mayor's appointments to fill vacancies on advisory boards /commissions /committees as follows: Community Development and Planning Commission - Nan Faust for unexpired term to 2 -1 -90 and Robert W. Bale for term to 2 -1 -92; Edina Park Board - Patricia A. Vagnoni for unexpired term to 2 -1 -91; Community Health Services Committee - Mary G. Strazz and Robert J. Wilkins for terms to 2 -1 -91; Edina Art Center Committee - Susan J. Kelm for term to 2 -1 -92 and Dolores A. Dege for unexpired term to 2 -1 -90. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. LETTER FROM LMC PROPERTY TAX COORDINATING COMMITTEE RECEIVED Mayor Richards advised that he had received a letter from the LMC Property Tax Coordinating Committee giving an extensive report on property tax issues for the 1989 Legislative Session. He said it raises a number of issues that we will all hear more about from the citizens regarding the real estate taxes and where we are going. It answers a number of questions as to what the League of Minnesota Cities is trying to do during the Legislative Session. The committee has had input from a number of groups, including the Municipal Legislative Commission of which the City is a member, as well as the AMM, LMC, Minneapolis and St. Paul. He said the report would be given to Assistant Manager Hughes and would be available for any of the Council who might wish to review it. LETTER REGARDING AIRPORT EXPANSION FROM CITY OF BLOOMINGTON DISCUSSED Mayor Richards directed the Council's attention to a letter dated February 15, 1989 from John G. Pidgeon, Manager of the City of Bloomington regarding the "dual track" strategy recommended by the Metropolitan Council's Airport Adequacy Task Force, and approved by the Metropolitan Council and the Metropolitan Airports Commission. The cities-of Richfield and Bloomington feel that it is necessary to conduct a professional study to show the inadequacies of the Adequacy Task Force's report. The staffs of the two cities have proposed a $100,000 study with the costs to be paid by them proportionate to their respective populations. The Bloomington City Council has directed that the cities of Burnsville, Eagan, Mendota Heights, Eden Prairie, Edina and Minnetonka be contacted to see if they would support such a study. Following some discussion, it was informally agreed to have staff obtain copies of the report of the task force and to place this issue on an upcoming agenda upon the return of the City Manager. REPORT GIVEN ON PROGRESS OF PURCHASE OF LOT 9. WHITE OAKS 2ND ADDITION Member Rice asked if there has been any progress on the purchase of Lot 9, White Oaks 2nd Addition. Assistant Manager Hughes reported that a proposed purchase agreement was sent to Kenneth and Barbara Monroe a week ago. At the February 6, 1989 Council meeting the assessed value was indicated to be $26,600. Later research has shown that the $26,600 not only covered the parcel in question but the whole of the Monroe property including that covered by the easement. After discussion with Mayor Richards, staff elected to make an offer of $26,600 for the whole of the property. Mr. and Mrs. Monroe were asked to respond as early as possible, with the purchase agreement limited to March 3. A pledge agreement prepared by the City Attorney has been sent to Connor Schmid for the neighbors to use for purposes of their fund drive. REQUEST MADE FOR NAME AND PHONE NUMBER OF PETITIONER FOR EASEMENT VACATIONS Member Rice asked if, in the future, the Council packets could include the name and phone number of a petitioner requesting an easement vacation so that the Council Members could contact the individual regarding the request if they so chose. Staff responded that this could be made available. PARKED CARS IN VOODDALE AND UTLEY PARKS QUESTIONED Member Rice mentioned that he has observed a number of parked cars in the Wooddale and Utley Parks and wondered if the parking lots were being used a "park and ride" facility. Assistant Manager Hughes responded that staff will investigate. LETTER CONCERNING PORNOGRAPHY DISCIISSED Mayor Richards referred to a letter from Carolyn Owens dated February 13, 1989 asking the Council to meet with representatives of Clean -Up Project on March 13, 7 p.m. at a certain establishment to observe the pornographic literature being sold there. Mayor Richards said that this could be considered a public meeting of the Council. Attorney Erickson cautioned that if a quorum of the Council were to comply with the request that it would be contrary to the open meeting law; it would have to be an open meeting with proper notice given. Following discussion, it was agreed that staff respond to the letter by advising that it has been the policy of the Council to discuss public business at its regularly scheduled meetings and that they could request that the matter be placed on an upcoming agenda. No formal action was taken. CITY DESIGNATED 1988 TREE CITY USA Mayor Richards advised that the City of Edina has been designed a 1988 Tree City USA by the Department of Natural Resources. DEDICATION OF CALVIN CHRISTIAN SCHOOL FACILITY NOTED Mayor Richards advised that Calvin Christian School will be dedicating their new facility on Friday, February 24, 1989 at 7:20 p.m. and asked that if any of the Council planned to attend to advise him so he could respond to the invitation. PROPOSED LEGISIATION CONCERNING FUNDING FOR PUBLIC (DATER SUPPLY MONITORING AND TESTING DISCIISSED Assistant Manager Hughes referred to a memorandum from David Velde, Health Department, concerning funding proposals for public water supply monitoring and testing that will be sent to the 1989 Legislature. As background information, he explained that the Minnesota Department of Health (MDH) will be performing additional public water supply monitoring and testing as a result of the Safe Drinking Water Act amendments. The cost will be passed on to the public water supply operator. Cost implications for Edina under each of the funding options proposed by MDH are: 1) Cost of Service Fee - $830 to $3500 2) $3.20 per service connection - $44,800 3) $0.021 per 1000 gallons - $73,900 4) Operating fee - $1300 - $4200 The MDP is recommending option #2 as the preferred method of funding the public water supply monitoring and testing program. The Minnesota League of Cities believes the funding for this program should be supported by general fund appropriation. They believe the benefit derived from the increased monitoring and testing will extend beyond the users of public water supplies and has suggested that we contact our legislators about this concern. It informally agreed that this information be passed along to the City's legislators. HIV FORUM FOR ELECTED OFFICIALS DISCIISSED Member Rice reported that Member Kelly and he had attended the HIV Forum for Elected Officials on February 11, 1989 and that it was a very interesting and ominous session. He added that Dave Velde, Health Department, will be presenting a report to the Council at an upcoming meeting. LADO LETTER CONCERNING HIGHWAY 100 NOISE NOTED Member Smith said that he was concerned about the letter from Elinda E. Lado, 5008 Moore Avenue, stating that following the repairs on Highway 100 at the Minnehaha Creek bridge last year the boom noises are worse than ever. The letter was referred to Administration for response. FACILITATOR TO BE USED FOR STRATEGIC PLANNING SESSION ON MARCH 11 Mayor Richards recalled that the Council has used a facilitator for past Strategic Planning Sessions and that with two new Council members he felt that a facilitator would again be helpful. Staff is working on providing a facilitator for the March 11 session. RESOLUTIONS ADOPTED AUTHORIZING ISSUANCE AND PROVIDING FOR SALE OF $5,300,000 G.O. TAXABLE TAX INCREMENT BONDS, SERIES 1989: $8,425.000 G.O. TAX -INCREMENT BONDS, SERIES 1989: $1,760,000 G.O. IMPROVEMENT BONDS, SERIES 1989: AND $2,100,000 RECREATIONAL FACILITY BONDS. SERIES 1989 Assistant Manager Hughes advised that one official statement will be prepared for the proposed four bond issues which will go out under one bond rating.; Bids would be solicited and would be opened on March 20, 1989 and presented for consideration at the Council Meeting that evening with the closing of the sale to-occur sometime in April. Information on the proposed bond issues was presented as follows together with a schedule for the . proposed bond sale. Tax Increment Bonds - Tax increment bonds are all related to the Centennial Lakes development project. The first stage of the Centennial Lakes bonds were sold in October, 1988 to purchase the property and grade the site. This second stage bonding will finance the cost of various park and other public improvements associated with Phase I of the project. The second stage has been delayed until now in order to reduce interest cost associated with the bonds. No public improvements beyond the Phase I Centennial Lakes project will be funded by the bonds. Two tax increment issues are involved in the project, a taxable issue and a tax exempt issue. The tax exempt issue will be used for park and other public improvements. The taxable issue will be used for improvements to benefit the housing for the site. Improvement Bonds - The City periodically sells improvement bonds to finance public improvement which are then repaid by special assessment. The proposed improvement bonds will principally be used for public streets and utilities at Centennial Lakes. These bonds will be repaid by special assessments levied against.the private developers of Centennial Lakes. Recreational Facilities Bonds - On August 1, 1988 the City Council approved construction of a nine -hole addition to Braemar Golf Course, subject to bids to be awarded after a bond sale. (This action was taken in conjunction with approval of the Arena improvements and the purchase of the Edina Golf Dome.) Pursuant to a special law, recreational facility bonds in Edina may be sold as general obligation bonds and are repaid by revenues from the recreational facilities. If such revenues are insufficient, revenues from,the municipal liquor stores may be pledged for bond repayment. Last August estimated revenues showed that the Braemar recreation facilities will support the debt service of the proposed bonds. A report dated February 21, 1989 of estimated income available for bond payments confirmed the August estimates. Assistant Manager Hughes commented that the City has a double AA rating from both Moody's and Standard and Poor's. That rating will have to be updated prior to . this issue. In essence, these issues were talked about last fall and the staff expects the City to retain the double AA rating again. Edina bonds are very attractive; the bidders on the issue last fall were very competitive and the same is expected for this issue. Finance Director Wallin explained that last year's bonds really sold closer to a AAA rating. Member Smith introduced the following resolution and moved adoption: RESOLUTION RELATING TO $5,300,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: 1. Authorization. Pursuant to the provisions of Minnesota Statutes, Section 469.178 and Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Taxable Tax Increment Bonds, Series 1989 (the Bonds) in the principal amount of $5,300,000, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.56, $90,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, for the purpose ofproviding funds for the payment of a portion of the public redevelopment costs to be paid or incurred by the City and the Housing and Redevelopment Authority of Edina, Minnesota (the HRA) in connection with a redevelopment project being undertaken pursuant to the Southeast Edina Redevelopment Plan of the ERA. 2. Sale. This Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. The City Clerk is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of 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, once not less than ten days before the date of said meeting in substantially the form of the Notice of Sale attached hereto and made a part hereof. 3. Terms and Conditions of Sale. The terms and conditions for the sale and issuance of.the Bonds shall be as stated in the Terms and Conditions of Sale attached hereto and made a part hereof, and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds. 4. Official Statement. The City Manager and other officers of the City, in cooperation with Public Financial Systems, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale attached hereto and such other information as shall be deemed advisable and necessary to adequately describe the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on February 21, 1989. ATTEST: Mayor City Clerk NOTICE OF BOND SALE $5,300,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1989 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $5,300,000 General Obligation Taxable Tag Increment Bonds, Series 1989 (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402 until 11:00 o'clock a.m., on Monday, March 20, 1989, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall in the City at 7:00 p.m., that same date to consider the bids and award the sale of the Bonds. The Bonds will be issued to finance a redevelopment project to be undertaken by the Housing and Redevelopment Authority of Edina, Minnesota. Interest on the Bonds will be includible in gross income for federal and State of Minnesota income tag purposes. The Bonds will be issuable as fully registered bonds of single maturities, in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of April 1, 1989, and will mature on February 1 in each year as follows: Year Amount Year Amount Year Amount 1995 $125,000 2000 $225,000 2005 $375,000 1996 50,000 2001 250,000 2006 400,000 1997 75,000 2002 275,000 2007 700,000 1998 125,000 2003 325,000 2008 875,000 1999 175,000 2004 375,000 2009 950,000 Interest will be payable on each February 1 and August 1 commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in 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 by lot assigned in proportion to their principal amount within a maturity, on February 1, 1998 and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, 512 Nicollet Nall, Suite 550, Minneapolis, Minnesota 55402, telephone 612 - 333 -9177, financial consultants to the City. Dated: February 21, 1989. BY ORDER OF THE CITY COUNCIL Marcella N. Daehn, City Clerk Terms and Conditions of Sale $5,300.000 G.O. Taxable Tag Increment Bonds Sealed bids for the purchase of $5,300,000 General Obligation Taxable Tag Increment Bonds, Series 1989 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the offices of Public Financial Systems, Inc.; until 11:00 a.m., on Monday, March 20, 1989, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:00 p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. Purpose The Bonds will be issued for the purpose of financing a portion of the public costs of the S.E. Edina Redevelopment Project Area, in the principal amount of $5,300,000 in accordance with the provisions of Minnesota Statutes, Chapter 475. Tyke. Denomination and Maturities The Bonds will bear a date of original issue as of April 1, 1989, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on February 1 in the following years and amounts: Year Amount Year Amount Year Amount 1995 $125,000 2000 $225,000 2005 $375,000 1996 50,000 2001 250,000 2006 400,000 1997 75,000 2002 275,000 2007 700,000 1998 125,000 2003 325,000 2008 875,000 1999 175,000 2004 375,000 2009 950,000 Redemption The Bonds maturing in 1999 and subsequent years will each be subject to redemption and prepayment, at the option of the City, in whole or in part and if in part in inverse order of maturities and by lot within a maturity, on February 1, 1998 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on August 1, 1989 and semiannually thereafter on each February 1 and August 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 1/8 or 5/100 of 1$, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Registrar, Transfer Agent and Paying Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Registrar will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the reasonable and customary charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. Delivery Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. Legal Opinion An opinion as to the validity of the Bonds will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Type of Bid and Award Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $106,000 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $5,210,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612 - 333 -9177, financial consultants to the City. Dated: February 21, 1989 BY ORDER OF THE CITY COUNCIL Motion for adoption of the foregoing resolution was seconded by Member Paulus and on vote being taken thereon, the following Council Members voted in favor: Paulus, Rice; Smith, Richards and the following voted against the same: Kelly whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Member Smith introduced the following resolution and moved its adoption: RESOLUTION RELATING`TO $8,425,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City) as follows: 1. Authorization. 1.01. Pursuant to the provisions.of Minnesota Statutes, Section 469.178, Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Tax Increment Bonds, Series 1989 (the Bonds) in the principal amount of $8,425,000, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.56, $140,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, for the purpose of providing funds for the payment of a portion of the public redevelopment costs to be paid or incurred by the City -and the Housing and Redevelopment Authority of Edina, Minnesota (the HRA) in connection with a redevelopment project being undertaken pursuant to the Southeast Edina Redevelopment Plan of the HRA. 2. Sale. This Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. The City Clerk is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of 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, once not.less then ten days before the date of said meeting in substantially the form of the Notice of Sale attached hereto and made a part hereof. 3. Terms and Conditions of Sale. The terms and conditions for the sale and issuance of the Bonds shall be as stated in the Terms and Conditions of Sale attached hereto and made a part hereof, and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders'for the Bonds. 4. Official Statement. The City Manager and the officers of the City, in cooperation with Public Financial Systems, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale attached hereto and such other information as shall be deemed advisable and necessary to adequately describe the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on February 21, 1989. ATTEST: Mayor City Clerk NOTICE OF BOND SALE $8,425,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1989 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $8,425,000 General Obligation Tax Increment Bonds, Series 1989 (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402 until 11:00 o'clock a.m., on Monday, March 20, 1989, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall in the City at 7:00 p.m., that same date to consider the bids and award the sale of the Bonds. The Bonds will be issued to finance a redevelopment project to be undertaken by the Housing and Redevelopment Authority of Edina, Minnesota. The Bonds will be issuable as. fully registered bonds of single maturities, in the denomination of $5,000 or any integral multiple thereof, will be- dated, as originally issued, as of April 1, 1989, and will mature on February 1 in each year as follows: Year Amount Year Amount Year Amount 1995 $225,000 2000 $350,000 2005 $600,000 1996 75,000 2001 375,000 2006 700,000 1997 125,000 2002 450,000 2007 1,100,000 1998 200,000 2003 500,000 2008 1,375,000 1999 275,000 2004 575,000 2009 1,500,000 Interest will be payable on each February 1 and August 1 commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in'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 by lot assigned in proportion to their principal amount within a maturity, on February 1, 1998 and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612 - 333 -9177, financial consultants to the City. Dated: February 21, 1989. BY ORDER OF THE CITY COUNCIL Marcella M. Daehn, City Clerk Terms and Conditions of Sale $8.425,000 G.O. Tag Increment Bonds Sealed bids for the purchase of $8,425,000 General Obligation Tag Increment Bonds, Series 1989 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the offices of Public Financial Systems, Inc., until 11:00 a.m.,'on Monday, March 20, 1989, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:00 p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. ]EMose The Bonds will be issued for the purpose of financing a portion of the public costs of the S.E. Edina Redevelopment Project Area, in the principal amount of $8,425,000 in accordance with the provisions of Minnesota Statutes, Chapter 475. Tvae. Denomination and Maturities The Bonds will bear a date of original issue as of April 1, 1989, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on February 1 in the following years and amounts: Year Amount Year Amount Year Amount 1995 $225,000 2000 $350,000 2005 $600,000 1996 75,000 2001 375,000 2006 700,000 1997 125,000 2002 450,000 2007 1,100,000 1998 200,000 2003 500,000 2008 1,375,000 1999 275,000 2004 575,000 2009 1,500,000 Redemption The Bonds maturing in 1999 and subsequent years will each be subject to redemption and prepayment, at the option of the City, in whole or in part and if in part in inverse order of maturities and by lot within a maturity, on February 1, 1998 and any interest payment date thereafter, at a.price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on August 1, 1989 and semiannually thereafter on each February 1 and August 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day_(whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 1/8 or 5/100 of 1$, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Registrar, Transfer Agent and Paying Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the reasonable and customary charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. Delivery Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. Legal Opinion An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by-Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Type of Bid and Award Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $168,000 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $8,285,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CIISIP Numbers The City will assume no obligation for the assignment or printing of CIISIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612 - 333 -9177, financial consultants to the City. Dated: February 21, 1989 BY ORDER OF THE CITY COUNCIL Motion for adoption of the foregoing resolution was duly seconded by Member Paulus and on vote being taken thereon, the following Council Members voted in favor: Paulus, Rice, Smith, Richards and the following voted against the same: Kelly whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Member Smith introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $1,760,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City) as follows: 1. Authorization. It is hereby determined that it is necessary for the City to issue and sell its General Obligation Improvement Bonds, Series 1989 in the principal amount of $1,760,000 (the Bonds) to finance the cost of a public improvement in the City being undertaken by the City pursuant to Minnesota Statutes, Chapter 429. $20,000 of the principal amount of the Bonds represents interest as provided in Minnesota Statutes, Section 475.56. 1. Sale. The Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding the sale of the Bonds. The City Clerk is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of 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, once not less than ten days before the date of said meeting in substantially the form of the Notice of Sale attached hereto and made a part hereof. 3. Terms and Conditions of Sale. The terms and conditions for the sale and issuance of the Bonds shall be as attached hereto and made a part hereof, and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds. 4. Official Statement. The City Manager and other officers of the City, in cooperation with Public Financial Systems, Inc., financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale attached hereto and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. ATTEST: Mayor City Clerk NOTICE OF BOND SALE $1,760,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $1,760,000 General Obligation Improvement Bonds, Series 1989 (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402 until 11:00 o'clock a.m., on Monday, March 20, 1989, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall in the City at 7:00 p.m., that same date to consider the bids and award the sale of the Bonds. The Bonds will be issued for the purpose of financing a local improvement project within the City. The Bonds will be issuable as fully registered bonds of single maturities, in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of April 1, 1989, and will mature on February 1 in each year as follows: Year Amount Year Amount 1992 $180,000 1997 $175,000 1993 180,000 1998 175,000 1994 180,000 1999 175,000 1995 175,000 2000 175,000 1996 175,000 2001 170,000 Interest will be payable on each February 1 and August 1 commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in 1996 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 by lot assigned in proportion to their principal amount within a maturity, on February 1, 1995 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. A legal opinion will be furnished by Dorsey b Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612- 333 -9177, financial consultants to the City. Dated: February 21, 1989. BY ORDER OF THE CITY COUNCIL Marcella M. Daehn, City Clerk Terms and Conditions of Sale $1.760.000 G.O. Improvement Bonds Sealed bids for the purchase of $1,760,000 General Obligation Improvement Bonds, Series 1989 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the offices of Public Financial Systems, Inc., until 11:00 a.m.,•on Monday, March 20, 1989, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:00 p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. Purpose The Bonds will be issued for the purpose of financing assessable public improvements for the Centennial Lakes Redevelopment Project in accordance with the provisions of Minnesota Statutes, Chapters 475 and 429. Type. Denomination and Maturities The Bonds will bear a date of original issue as of April 1, 1989, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on February 1 in the following years and amounts: Year Amount Year Amount Year Amount 1992 $180,000 1996 $175,000 1999 $175,000 1993 180,000 1997 175,000 2000 175,000 1994 180,000 1998 175,000 2001 170,000 1995 175,000 Redemption The Bonds maturing in 1996 and subsequent years will each be subject to redemption and prepayment, at the option of the City, in whole or in part and if in part in inverse order of maturities and by lot within a maturity, on February 1, 1995 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on August 1, 1989 and semiannually thereafter on each February 1 and August 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 1/8 or 5/100 of 1$, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Registrar, Transfer Agent and Paying Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the reasonable and customary charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. Delivery Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. Legal Opinion An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Type of Bid and Award Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $35,200 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $1,740,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612- 333 -9177, financial consultants to the City. Dated: February 21, 1989 BY ORDER OF THE CITY COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by Member 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, signed by the Mayor and his signature was attested by the City Clerk. Member Paulus introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $2,100,000 GENERAL OBLIGATION RECREATIONAL FACILITY BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE PUBLIC SALE THEREOF 1. Authorization. It is hereby determined that it is necessary and beneficial for the City to construct improvements to the municipal golf course and ice arena. This Council further determines that in order to finance this acquisition and betterment of recreational facilities for the City, it is necessary for the City to issue and sell its General-Obligation Recreational Facility Bonds, Series 1989 in the principal amount of $2,100,000 (the Bonds) pursuant to Minnesota Laws 1961, Chapter 655, and Minnesota Statutes, Chapter 475, $31,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. This Council estimates that the net revenues derived from the operation of the municipal golf course, the municipal ice arena and the municipal liquor stores, in excess of the cost of operation and maintenance thereof, in the fiscal year which ended December 31, 1988, equals or exceeds the maximum amount of principal and interest to become due in any future fiscal year on all of the outstanding General Obligation Golf Course Bonds, Series 1985 of the City, dated as of September 1, 1985, on all of the outstanding General Obligation Recreational Facility Bonds, Series 1988, dated as of October 1, 1988, and on the Bonds, as proposed to be issued under the terms set forth in this Resolution. Prior to the delivery of the Bonds to the purchaser, the Council will establish a fund for the payment of principal and interest on the Bonds. The Council will appropriate and credit to such fund an amount of revenues of the municipal liquor stores which is equal to the average annual amount of principal and interest to become due on the Bonds. 2. Sale. This Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding the sale of the Bonds. The City Clerk is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of 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, once not less than ten-days before the date of said meeting in substantially the form of the Notice of Sale attached hereto and made a part hereof. 3. Terms and Conditions of Sale. The terms and conditions for the sale and issuance of the Bonds shall be as stated in the Terms and Conditions of Sale attached hereto and made a part hereof, and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds. 4. Official Statement. The City Manager and other officers of the City, in cooperation with Public Financial Systems, Inc., financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale attached hereto and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on February 21, 1989. ATTEST: City Clerk Mayor NOTICE OF BOND SALE $2,100,000 GENERAL OBLIGATION RECREATIONAL FACILITY BONDS, SERIES 1989 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $2,100,000 General Obligation Recreational Facility Bonds, Series 1989 (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of•Public Financial Systems, Inc.,. 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402 until 11:00 o'clock a.m., on Monday,.March 20, 1989, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall in the City at 7:00 p.m., that same date-to consider the bids and award the sale of the Bonds. The Bonds will be issued for the purpose of financing the construction of improvements to the City's municipal Golf course. The Bonds will be issuable as fully registered bonds of single maturities, in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of April 1, 1989, and will mature on January 1 in the following years and amounts: Year Amount Year Amount Year Amount 1992 $ 65,000 1998 $ 95,000 '2004 $140,000 1993 70,000 1999 100,000 2005 145,000. 1994 70,000 2000 105,000 2006 160,000 1995 75,000 2001 115,000 2007 170,000 1996 80,000 2002 120,000 2008 180,000 1997 85,000 2003 130,000 2009 195,000 Interest will be payable on each January 1 and July 1 commencing January 1, 1990, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in 1999 and thereafter are 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 by lot assigned in proportion to their principal amount within a maturity, on January 1, 1998 and 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. A legal opinion with respect to each issue of the Bonds will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612 - 333 -9177, financial consultants to the City. Dated: February 21, 1989. BY ORDER OF THE CITY COUNCIL Marcella M. Daehn, City Clerk Terms and Conditions of Sale $2,100,000 G.O. Recreational Facility Bonds Sealed bids for the purchase of $2,100,000 General Obligation Recreational Facility Bonds, Series 1989 (the Bonds) of.the City of Edina, Minnesota (the City) will be received at the, offices of Public Financial Systems, Inc., until 11:00 a.m., on Monday, March 20, 1989, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:00 p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. PurRose The Bonds will be issued for the purpose of financing improvements to the municipal golf course in accordance with the provisions of Minnesota Statutes, Chapter 475 and Minnesota Laws 1961, Chapter 655. Type Denomination and Maturities The Bonds will bear a date of original issue as of April 1, 1989, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on January 1 in the following years and amounts: Year Amount Year Amount Year Amount 1992 $ 65,000 1998 $ 95,000 2004 $140,000 1993 70,000 1999 100,000 2005 145,000 1994 70,000 2000 105,000 2006 160,000 1995 75,000 2001 115,000 2007 170,000 1996 80,000 2002 120,000 2008 180,000 1997 85,000 2003 130,000 2009 195,000 Redemption The Bonds maturing in 1999 and subsequent years will each be subject to redemption and prepayment, at the option of the City, in whole or in part and if in part in inverse order of maturities and by lot within a maturity, on January 1, 1998 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on January 1, 1990 and semiannually thereafter on each July 1 and January 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 1/8 or 5 /100 of 1$, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Registrar, Transfer Agent and Paving Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to -the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the reasonable and customary charges of the Registrar for such services. The City.reserves the right to remove the Registrar and appoint a successor. Deliver9 Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds' is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. Legal Opinion An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be_ printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. .Type of Bid and Award Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $42,000 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. Thelgood faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total Interest from date of Bonds,to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $2,069,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402, telephone 612- 333 -9177, financial consultants to the City. Dated: February 21, 1989 BY ORDER OF THE CITY COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by Member Kelly, 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 duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Paulus to approve payment of claims as per pre -list dated 1/31/89: General Fund $803,632.93, Art Center $8,101.28, Swimming Pool Fund $24.88, Golf Course Fund $13,043.31, Recreation Center Fund $10,965.86, Gun Range Fund $451.45, Edinborough Park $9,506.64, Utility Fund $20,877.45, Liquor Dispensary Fund $267,558.30, Imp. Bond Redemption #2 $59,000.00, Total $1,193,162.10 and for confirmation of payment of the following Claims dated 2/21/89: General Fund $123,494.05, Art Center $2,280.96, Golf Course Fund $4,296.59, Recreation Center Fund $197,639.92, Gun Range Fund $371.26, Edinborough Park $12,525.24, Utility Fund $33,352.17, Storm Sewer Utility $1,025.21, Liquor Dispensary Fund $100,657.67, Construction Fund $5,739.31, Total $481,382.38. Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:25 p.m. City Clerk 0 REPORT/ RECOMMEIVDATIOIV To: Mayor & City Council From: Francis Hoffman / J IV- City Engineer Date: 17 April, 1989 Subject: Blake Road Hearing Vernon Avenue to Pine Grove Road Recommendation: Agenda Item # In Consent ❑ Information Only ,! Mgr. Recommends of To HRA 0 To Council 0 REPORT/ RECOMMEIVDATIOIV To: Mayor & City Council From: Francis Hoffman / J IV- City Engineer Date: 17 April, 1989 Subject: Blake Road Hearing Vernon Avenue to Pine Grove Road Recommendation: Agenda Item # III-A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA 0 To Council Action Motion Resolution ❑ Ordinance ❑ Discussion A. Authorize the improvement projects BA -M and STS -190. B. Pass a resolution banning parking on both sides of Blake in the project area. Info /Background: The proposed project involves both storm sewer and a new street constructed to state aid standards. The attached hearing notice provides the majority of the information as to the project costs, neighborhood survey results and information on assessment. The staff will make a detailed presentation at the Council meeting with the use of slides of the neighborhood. The primary concerns of the neighbors appear to be: preservation of the existing tree line along the west side of Blake Road, street width remain as close as possible to existing width, provide a better stormwater system, and strong concern (both pro and con) over the need for sidewalk. Report /Recommendation Blake Road Hearing 17 April, 1989 Page Two Additionally, the existing roadway meanders from one side of the right - of -way to the other on the portion of Blake Road from Vernon to South Knoll Drive. The existing roadway actually is on private property at the north- east corner of Blake and Eden Prairie Road, and angles to the northwest as it approaches South Knoll Drive. On Blake Road, from South Knoll to Pine Grove Road, the existing roadway is approximately thirty feet wide. Thus the existing roadway would be reconstructed with basically adding curb and gut- ter. Additional details on the project will be presented at the Council meeting. The staff finds this project to be feasible and would recommend approval of the project. CITY OF ISEDINA 6JL 01 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING BLAKE ROAD - VERNON AVENUE TO PINE GROVE ROAD PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT. NO. P -BA -283 S.A.P. 120 - 144 -10 STORM SEWER IMPROVEMENT NO. STS -190 The Edina City Council will meet at the Edina City Hall on Monday, April 17, 1989 at 7:00 P.M. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by Hennepin County and the City as set forth below: BLAKE ROAD - Vernon Avenue to Pine Grove Road PERMANENT STREET SURFACING ESTIMATED COST WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT P -BA -283 STORM SEWER IMPROVEMENT NO. P- STS -190 $ 889,982.57 The proposed project is a municipal state aid project to be built in 1989. The project is a transportation and storm sewer improvement consistent with the overall development of Edina. The project is funded by storm sewer utility funds, municipal gas tax and special assessment. The special as- sessment for Blake Road is $20.00 per lineal foot. The area proposed to be assessed for a portion of the cost of the proposed improvements includes: Lot 8, Blks. 1 & 2, Parkwood Knoll's 3rd; Lots 1 & 2 and 12 & 13, Blk 1, Parkwood Knolls 5th; Lot 9, Blk 1, Parkwood Knoll's 6th, Lot 9, Blks 1 & 2, Parkwood Knoll's 7th; Lots 10 -12, Blk 1, Parkwood Knoll's 8th; Lot 1, Blks. 1 & 2, Idylwood; Lots 1 -5, Blk 1, Idylwood 5th; Lot 4, Blk 2, Luce Highwood; Lot 5, Blk 3, Luce Highwood; Lots 16 & 17, Blk 1, Les Anderson's Highwood 2nd; Lot 1 & 8, Blk 1, Valley Park; Lot 1, Blk 1, Jones Knolls; Part of Lot A, RLS 194; RLS 1081; and Lot A & B, RLS 1286. Your receipt of this notice is an indication that property whose ownership is listed to you is among those properties which are considered to be bene- fited by the improvement. i Notice.of Public Hearing Blake Road - Vernon Ave. to Pine Grove Rd. Page Two The proposed project would be the following type of work. A. Replace the existing street with a new street with curb and gutter 32 -foot width - face of curb to face of curb (same as Hansen Road from railroad tracks to West 60th Street). B. Install storm sewer system from on Pine Grove Road to Vernon Avenue along Blake Road. (Consistent with City policy to attempt to lower flood potentials by moving stormwater from private to public areas). C. Eliminate on- street parking which would allow street to be constructed at 32 -foot standard consistent with State standards for Gas Tax fund- ing. D. Consider "installation of sidewalks per our City comprehensive plan to improve pedestrian access along City collector streets such as Blake Road. The current estimated cost includes a sidewalk on the.west side of Blake Road from Vernon Avenue to South Knoll Drive. The above project scenario was developed as a result of a petition for addi- tional storm sewer systems and results of.a neighborhood survey (see at- tached results as of 4/7/89). The majority of the project funds would come from our City Stormwater Util- ity and Gas Tax Fund with $51,710.00 assessed against abutting property own- ers. The sidewalk would be City maintenance if approved by Council. Any inquiries, comments and /or suggestions you may have regarding this im- provement may be forwarded to the City Council or Engineering Department prior to the hearing or presented at the hearing itself. If you desire ad- ditional information, please call me at 927 -8861 between 8:00 A.M. and 4:30 P.M:, Monday through Friday. The City Council can authorize the proposed project immediately upon the close of the hearing. Thank you. Francis J. off an, P.E. Director of Public Works and City Engineer FJH /clf Attachment: Blake Road Survey Results I BLAKE ROAD SURVEY RESULTS 54 Surveys Sent - 27 Residents Responded Street Parking: 0 Yes 27 No Street Parking Necessary Sidewalk: 8 Yes 19 No Yes = 4 East Side 2 West Side 1 Either 1 No Response Storm Sewer: 14 Yes 7 No RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 1207147 -10 FROM CSAH 158 (VERNON AVENUE) TO PINE GROVE ROAD IN THE CITY OF EDINA, MINNESOTA THIS RESOLUTION, passed this 17th day of April, 1989, by the City of Edina in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City ", WITNESSETH: WHEREAS, the City has planned the improvement of MSAS 147 (Blake Road) from CSAH 158 (Vernon Avenue) to Pine Grove Road; and WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall ban the parking of motor vehicles on both sides of MSAS 147 (Blake Road) at all times. DATED this 17th day of April, 1989. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of April 17, 1989 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 15th day of May, 1989. Marcella M. Daehn City Clerk Commissioner introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SOUTHEAST EDINA REDEVELOPMENT PLAN; RATIFYING AND AFFIRMING THE EXECUTION OF VARIOUS AGREEMENTS AND AUTHORIZING THE EXECUTION OF VARIOUS OTHER 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 469.002, subdivision 16, designated as the Southeast Edina Redevelopment Plan (the "Plan "). Acting pursuant to the Plan the HRA entered into a Land Sale Agreement and.Contract For Private Redevelopment (the "Contract ") with the East Edina Housing Foundation. (the "Foundation ") dated on or as of August 1, 1985. The Contract was subsequently amended by Amendment No. 1 dated as of October 1, 1985, by Amendment No. 2.dated as of April 1, 1986, by Amendment No. 3 dated as of July 10, 1986, by Amendment No. 4 dated as of October 6, 1986 and by Amendment No. 5 dated as of February 19, 1987 (together herein called the "Prior Amendments "). It is now proposed that the Contract be further amended by Amendment No. 6 and Amendment No. 7 (the "Current Amendments ") and the Current Amendments have been presented to and reviewed by the HRA. 2. Ratification, Execution and Delivery. The. execution and delivery of the Contract and Prior Amendments by the officers executing the same on behalf of the HRA is hereby ratified and affirmed. 3. Authorization for Execution and Delivery of Further Documents. The form of the Current Amendments is hereby approved subject to such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA, which approval shall be conclusively evidenced by the execution of the Current Amendments by any two officers of the HRA. Any two officers of the HRA are directed to execute and deliver the Current Amendments. Any two officers of the HRA are also authorized and directed to execute such other instruments, and take such other action, as may be required to accomplish the transaction contemplated herein and by the Current Amendments, including but not limited to any amendments or supplements to the Contract, as amended, and other agreements as may be necessary to accomplish the transactions contemplated by the Current Amendments. The execution of any such amendments, supplements or 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 this day of April, 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. Agenda Item IV.A &B April 15, 1989 City Council City of Edina 4801 West 50th Street Edina, Minnesota 55421 Council Members: I am writing to express my concerns regarding the proposed Hawthorn Hyatt Development planned for the vacant space near the Edinborough- Condominiums. I cannot attend the Hearing scheduled on April 17, 1989, but I ,.have' the following questions for you: 1) I understand that the same developer for this project is also retained by the City of Edina as its Consultant. Is this not a conflie, .,of interest for you and him? 2) Hotel customers stay evenings whereas the planned office development discussed . with my wife and me at our purchase time at Edinborough Condominiums would have its personnel leave to.go home., So, as Edinborough Residents come home to live, the Hawthorne customers will be arriving at -the .Hotel with an increased evening activity level. 3) Office rental provides a more stable, .consistent clientele base whereas hotel customers are, by definition, transient,, with much less-at sbhe and no ownership. 4) We purchased our condominium at Edinborough, assuming an office building was proposed in the space, not a hotel. No one spoke of a hotel regardless if the developers had contemplated this earlier. This feels like a bait and switch maneuver. Also, why could the developer not find a firm to build an office building as "Corporate Office West" as shown in the model at the sales office of Edinborough whereas he was able to find several firms interested in building office space for Centennial Lakes across the street from the proposed space? 5) I resent the fact that Hawthorne /Myatt has planned the utility delivery pick -up directly in front of the front rooms of the condominium owners in Phase V of Edinborough. Since they are moving into our space with Laukka's support and , changing the game, why should we have to face their unglamorous facilities? This loading dock could have been designed to face the street and not our homesl . 6) Some homeowners of Edinborough expressed concern about their safety with hotel transients as they have easy access to the commons areas of Edinborough Condominium walkways. What will be done to provide adequate safety here? 7) Finally, this proposal was presented to us homeowners only after considerable efforts and design had been accomplished by Hawthorne /Hyatt. Why did Laukka wait so long to inform the very customers who purchased homes at Edinborough? I believe this was a PR mistake. While there are economic considerations in the development of this property, I believe we residents at Edinborough deserve better communication and explanation for the issues I have raised. I hope you Council Members will address my concerns and objections. I believe this affair would be interesting to Channel Four's Eye Team. (Over) Laura Davis 7631 Edinborough Way *5311 Edina, Mn 55435 612 -897 -1114 City of Edina Planning Department 4801 W 50th Street Edina, MN 55424 Dear Sir or Madam: Agenda Item IV. A &B This letter serves as my objection to allowing a hotel to be built on the property adjacent to Edinborough Park. When purchasing my unit at Edinborough, there was no discussion of a hotel. There was only discussion'of an office building. With an office building, there are few people on the property at night. The hotel would be just the opposite. The evening hours are when all the people would be present. I believe this presents a potential safety problem, especially in the summer months. I am a single female and do not wish to have a continuous flow of strangers so near my residence. Furthermore, I question the respect for the property, including the Park, that these hotel guests would have. I greatly oppose the thought of having a service entrance on the side of the Village Homes. This is an insult to those of us who have lived at Edinborough for the past years. Why should we have to look at this unappealing sight every day, and allow the beautiful and landscaped parts Of the hotel to be seen by the people driving by? What time to you suppose the garbage trucks will be dri ving within 500 feet of our homes to pick up other people's garbage? This would not be a pleasant way to wake up in the morning. The Edinborough Park health club facilities would not be as appealing if the hotel guests are Permitted to use the facilities. The locker rooms are not large enough to have heavy traffic through them. Is the Park going to turn into a hotel party room? The Park is currently used by many families. If the traffic of business travelers increases, I do not think that mothers will be as comfortable having their children playing at different areas in the Park. . If this hotel is not successful, the building becomes vacant. A hotel would not be the easiest piece of property to renovate or sell. Then we have a vacant and useless building.sitting'out our front doors. I do not think that the Edinborough community needs a hotel on the complex. I did not purchase my home with the idea that within two years there would be a hotel next door to me. 1 oppose the building of this hotel- Sincerely, IN END Laura Davis A. �9j�1r�r oe�� 0 rtA po"', ,969 REPORT/RECOMMENDATION- To: Kenneth Rosland From: Craig Larsen Date: April 17, 1989 Subject: P -89 -1, AMENDMENT TO FINAL DEVELOPMENT PLAN, EDINBOROUGH AND ZONING ORDINANCE AMENDMENT TO MDD -5 TO ALLOW HOTELS Recommendation: Agenda Item # TV_ A.B. - Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA x To Council u Action ❑ Motion 0 Resolution 0 Ordinance ❑ Discussion - Adopt Amendment to Zoning Ordinance adding hotels to the list of allowed principal uses in Mixed Development District, MDD -5 (waive 2nd reading). - Approve Amendment to Final Development Plan for proposed hotel. - The foregoing actions should be conditioned upon an executed redevelopment agreement with the HRA. Info /Background: The Planning Commission voted unanimously to recommend approval of the Ordinance Amendment and the Plan Amendment at a special meeting on April 5, 1989. Staff asked BRW to review the architectural compatibility of the Hawthorn proposal with Edinborough. A letter from Peter Jarvis of BRW follows the attached staff report. I . 1 ir d il"A q E _• s r: E ti_ NUMBER P-89-1 PLAN L O C A T 10 N Edinborough REQUEST Amendment to the approved Final Development Plan EDINA PLANNING DEPARTMENT �I MINUTES OF THE SPECIAL MEETING OF THE EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION HELD ON WEDNESDAY, APRIL 5, 1989, AT 7:30 P.M. EDINA CITY HALL MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: CHAIRMAN, GORDON JOHNSON, RAN FAUST, ROBERT HALE, JOHN PALMER, HELEN MCCLELLAND, DAVID RUNYAN, VIRGINIA SHAW, GEOF WORKINGER, LEE JOHNSON AND DEL JOHNSON MEMBERS ABSENT: � JOHN BAILEY STAFF PRESENT: CRAIG LARSEN, CITY PLANNER JACKIE HOOGENAKKER, SECRETARY I. APPROVAL OF THE MINUTES: 0 Commissioner Runyan moved for approval of the March 1, 1989 Community Development and Planning Commission Minutes. Commissioner Palmer seconded the motion. All were in favor. Motion carried. NEW BUSINESS: P -89 -1 Hawthorn Edina, Inc. Hyatt Development Corporation Zoning District: Mixed Development District, MDD -5 Request: Amend Final Development Plan, and amend the Zoning Ordinance to allow a hotel as principal use in the MDD -5 district. Mr. Larsen presented his staff report noting: - The proposed hotel's design is compatible and complementary to Edinborough - The hotel does not have a bar or restaurant - The character of the proposed hotel is residential rather than a full service hotel - The hotel is a much lower peak hour traffic generator than an office building Mr. Larsen concluded staff recommends approval of the amendment to the Final Development Plan, the proposed setback variance, and the addition of hotel to the list of principal uses in the MDD -5 district; subject to an executed redevelopment contract with the HRA. Mr. John Lyons, Senior Project Manager for Hawthorn Suites and his development team were present, Mr. L. Laukka was present, Arijs Pakalns, representing BRW, r Inc. was present, Mike Jordan and Ellen Luken, representing Winsor /Faricy Architects, Inc, were present. Mr. Lyons explained Hawthorn Suites is a company approximately two years old. He added a year and a half ago Hawthorn Suites was acquired by the Hyatt Development Corporation. He said the concept for the proposed hotel is to establish a market for the extended stay user. With graphics Mr. Lyons highlighted floor plans and common areas for the proposed hotel. - each suite would be roughly 450 -455 square feet. — each suite would include a kitchen and eating area. - each suite would create an apartment like atmosphere versus a conventional hotel - cost per night will be between $80 -$120 dollars - the typical lenght of stay is five -seven nights - proposed hotel is architecturally compatible with Edinborough - the common area in the hotel would be oriented toward the park Mr. Mike Jordan, architect, reported the proposed hotel is narrower than the previously approved office building. He pointed out the proposed hotel is situated farther from the park, and is only two stories high at the park connection. This will result in more light for the park and less shadowing. Mr. Jordan said the color, green roof tiles, gables, and color stepping of the proposed hotel matches the housing and office towers of Edinborough. Ms. Ellen Luken,.architect, using graphics explained the service and kitchen areas of the proposed hotel. She pointed out their location at the rear of the hotel, north side of the building. Ms. Luken asked the Commission to note that all mechanical equipment will be heavily screened and the loading dock will be tucked and angled into the building. She told the Commission the proposed placement of the loading dock would have minimal impact on the residents of Edinborough. Commissioner G. Johnson questioned the number of trip generations by vehicles delivering goods or picking up garage at the loading dock. Mr. Lyons responded it is their belief that the nature of the proposed hotel would generate a need for minimal deliveries /pick -ups, possibly three times per week. Commissioner G. Johnson asked the size of the service vehicles. Mr. Lyons said the largest vehicle will be the city garbage truck, the other vehicles will be van or panel truck size vehicles. Commissioner L. Johnson asked Mr. Lyons if employees will enter the hotel through the service entrance? Mr. Lyons said employees will not enter through the service entrance. Commissioner L. Johnson questioned the use of the tram -way for service vehicles and asked Mr. Larsen who will maintain the proposed tram -way? Mr. Larsen said at this time the details have not been ironed out as to responsibility for paying for the tram -way. Mr. Larsen indicated that the City would maintain the tram -way. Commissioner Shaw asked the width of the tram -way? Mr. said the tram -way is 20 feet in width. Mr. Pakalns explained to the Commission the revised configuration of the tram -way. He pointed out the revised tram -way is curved away from the residential area. This is a plus for residents of Edinborough who face the tram -way. Commissioner Runyan questioned if the 20 foot width of the tram -way is adequate if vehicles meet. Mr. Pakalns said the width was adequate. Commissioner G. Johnson noted there could be possible parking problems at the hotel site if people other than hotel guests use the hotel parking lot when they visit the park facility. Mr. Lyons said they feel the calculated parking need for the hotel is approximately 85 spaces daily. According to the zoning ordinance the hotel site is to provide 157 parking space. Mr. Lyons added the site was designed with 166 required parking spaces which one hopes would eliminate potential parking problems. Commissioner G. Johnson suggested if a problem occurred a "hotel parking only" sign could be posted. Mr. Larsen asked the Commission to note the development team for the Hawthorn project had met with the residents of Edinborough Condominiums. Commissioner McClelland directed a question to Mr. Larsen on signage for the proposed hotel. Mr. Larsen said at this time there is no provision in the sign ordinance to deal with commercial uses in the Mixed -Use Development district. Commissioner McClelland pointed out signage could become a nuisance in the area when the development of Centennial Lakes is considered. Mr. Larsen proposed that City staff would study the current sign ordinance and implement appropriate changes. The signage of the proposed hotel would have to conform with the present signage found throughout the Edinborough site. Commissioner Shaw asked Mr. Lyons if the proposed hotel would be handicapped accessible. Mr. Lyons explained on each floor there is a unit equipped to accommodate their special needs. Mike Perpich, resident of Edinborough told the Commission a large majority of the residents favor this development proposal over the previously approved office tower. He noted a point of concern mentioned by Edinborough residents was the proposed location of the service entrance on the north side of the building. He added the rationale is understood as to why the entrance was located there. Commissioner Palmer moved to recommend approval of the amendment to the Final Development Plan, amendment to Zoning Ordinance No. 825, adding a hotel as a permitted use in the MDD -5 district, and the proposed setback variance; noting this revised use is viewed as a positive transition. Approval is also subject to an executed redevelopment contract with the HRA. Commissioner McClelland seconded the motion. Ayes: Palmer, McClelland, Shaw, Workinger, Faust, Hale, D. Johnson, L. Johnson, D. Runyan, G. Johnson. Motion carried. 8Y =-'3`" 5813 -5814 View Lane Lot 6, Block 4, Parkwood Knolls 11th Addition Mr.._Larse_n.,informed the Commission the property is an existing double bungalow. .4d 9dded" the units do not have the required separate water services. r �1 EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT MARCH 29, 1989 P -89 -1: Amendment to Final Development Plan, Edinborough Applicant: Hawthorn Edina, Inc. c/o Hyatt Development Corporation 200 West Madison Chicago, IL. 60606 Attn: John Lyons 312 - 750 -1234 Zoning District: Mixed Development District, MDD -5 Request: Amend Final Development Plan, and amend Zoning Ordinance to allow a hotel as principal use in the MDD -5 District The approved Final Development Plan for Edinborough contains an office use on the vacant 3.5 acre site west of the senior high rise. The approved plan, as amended in 1987, illustrates an eight story, 159,470 square foot building. The applicant, Hawthorn Suites, is requesting an amendment to the Final Development Plan to allow the construction of a seven story, 142 unit hotel. The MDD -5 district does not allow commercial uses, except as a conditional use within a permitted principal use. An example being the retail uses on the ground floor of the Corporate Center East office building. The proponents are requesting that hotels be added as a permitted principal use in the MDD -5 district. The proposed hotel contains 136, two room suites and six efficiency units designed for the handicapped. The units range between 450 and 500 square feet with efficiencies at 408 square feet. The hotel is designed to attract the extended stay business traveler. The hotel does not have a restaurant but does have a reception area where guests are served complimentary breakfast and hor d'oeuvres in the evening. The hotel would be seven stories and 65 feet high and would contain a gross floor area of 90,286 square feet. The approved eight story office building r would have been approximately 104 feet high. Parking for the hotel is provided in a surface lot containing 166 spaces. The Ordinance requirement is 157 spaces. The MDD -5 district requires a building set back of 50 feet from the perimeter of the tract. The proposed plan illustrates a set back of slightly over 36 feet from the westerly property line. the original plan proposed by Hawthorn did maintain a 50 foot setback, but did not have the step design to the building. Staff encouraged the developers to incorporate the step design, similar to the design of the existing office building. The reduced setback is a result of the design modification and the developers need to maintain the proposed room count. The approved phase II office building received a variance to reduce the setback to 27 feet at this same point. The City has retained BRW, Inc. to critique the design of the hotel. The developers have retained BRW to handle civil engineering and landscaping for the development. I expect to have a memorandum from BRW, addressing the design and materials at the Commission meeting. Recommendation Staff believes that the hotel represents a use which will be compatible with and complementary to Edinborough. The hotel does not have a bar, restaurant and will not host conferences and conventions. It will have much more of a residential character than a typical full service hotel. The hotel is also a much lower peak hour traffic generator than an office building. The design of the building has changed significantly during the planning process for the development. Staff is now satisfied that the design, scale, and materials of the proposed building are compatible with Edinborough. Staff recommends approval of the amendment to the Final Development Plan, the proposed setback variance, and the addition of hotel to the list of principal uses in the MDD. -5 district, subject to: - An executed redevelopment contract with the HRA. BRW. INC. THRESHER SQUARE March 29, 1989 700 THIRD STREET SOUTH Mr. Craig Larsen, Director Planning Department City of Edina 4801 West 50th Street Edina, MN 55424 RE: HAWTHORN SUITES PROPOSAL EDINBOROUGH Dear Mr. Larsen: MINNEAPOLIS, MINNESOTA 55415 PLANNING TRANSPORTATION ENGINEERING URBAN DESIGN PHONE: 612/370 -0700 FAX, 6121370 -1378 During the course of the past three months, representatives of our firm who were directly involved in the Edinborough project have reviewed, at the City's request, the proposed plans for a Hawthorn Suites hotel to be developed on the remaining undeveloped site at Edinborough. We have met with City staff, the developer, and the developer's architect, and have reviewed the proposal to determine its consistency with the planning and architectural "spirit" established by the first phase of Edinborough. The most recent plans for the proposed hotel, dated March 27, 1989, . show a seven -story building which is sited adjacent to, and attached to, the enclosed park. The building mass is stepped at the west end in a fashion which is sympathetic to the massing of the Edinborough project as a whole. The proposed exterior materials and architectural details are consistent with those established by the first phase of Edinborough. The proposed face bricks and architectural metals will match those employed in Phase I; window patterns and types are similar to Edina Park Plaza; and the project repeats the gabled roof and pointed arch motif employed in Phase I. In summary, BRW feels the current proposal is consistant with the goals of the Edinborough project. We recommend its approval. Sincerely, *BRW, 6 UWU a vis PEJ /kb AN AFFILIATE OF THE BENNETT, RINGROSE. WOLSFELD, JARVIS, GARDNER, INC., GROUP DAVID J. BENNETT DONALD W; RINGROSE RICHARD P WOLSFELD PETER E. JARVIS LAWRENCE J. GARDNER THOMAS F CARROLL CRAIG A. AMUNDSEN DONALD E. HUNT MARK G. SWENSON JOHN B. McNAMARA RICHARD D. PILGRIM DALE N. BECKMANN DENNIS J. SUTLIFF JEFFREY L. BENSON RALPH C. BLUM DAVID L. GRAHAM MINNEAPOLIS DENVER PHOENIX TUCSON ST. PETERSBURG All -lem—mm PA- • , '!ii�l rlt � j 1 I it I�n�n�ntuull� I � ,_ Lnt■■tl,l � . , ill /__ � ■rl � I 1 I 11 ��u�lllt�ttl�ttt '�"'�! � ■111i'rlllly t ■li �'It•u ��� utuuntu _ �nn�ntnnitntttt�nm�t 1 ��� ��• Ali r,i. vn iuttuti�tit�uinnlet P �+ 3 w;;�.,us�Inil�■■1I'lul■■utrin� __. ■�l 1 I_n��nn�.u.u.�o.u■ a ���� it 1'' ;�� �p'��■ R ��� ■111 t ■x ■'ll It■ 1111 +�I' 1 ■ ■ t III �II�i .����= FA Edi6orough Corpomate Center West M.. MinnesotJ NT11ttDDE�'CLOPYLYIS, fY[. rr w•w.. _��..�.. rws_ .r. APA 1997 '-'OJECT DATA: SHEET INDEX: M 13 HA Wl'THORM c)u, ]TEE I HOTEL EDINBOROUG31JA PARK -A — 72EE� EDINA, MINNESOTA CLIENT: HAWTHORN SUITES ASSOCIATES STRUCTURAL; CIVIL 1 LANDSCAPINC: W,\/i. HANUSCHAX & ASSOCIATES- BRW, INC ARCHITECT: mECH./ELEC.: INTERIOR DE51CN: WINSOR/FARICY ARCHFrECTS, INC. NELSON-RUDIE.-& ASSOCIATES, INC. INDEX, THE DESIGN FIRPA TITLE SHEET z I DEnC.' 0EIELOP't-7 AO. 1 -A — 72EE� I "AV I I ;;,-J I lo HAWTHORN SUITES HOTEL EDNBOROUGH ?ARK D!NA, 'AN. TITLE SHEET z I DEnC.' 0EIELOP't-7 AO. 1 7' E-1 7�17 I "AV I I ;;,-J I lo HAWTHORN SUITES HOTEL EDNBOROUGH ?ARK D!NA, 'AN. TITLE SHEET DEnC.' 0EIELOP't-7 AO. 1 15 March 1989 PROJECT DATA HAWTHORN SUITES EDINBOROUGH PARK EDINA, NIN W/F Project No. 8807 -8801 Site Area: 155,900 S.F. (3.58 Acres) Building Area, 1st Floor: 15,546 S.F. Park ing /Roadway (Excludes Tramway): 76,324 S.F. Open Space: 64,030 S.F. Building Type: Residence Suite Hotel R -1 Occupancy Building Area: 90,286 S.F. Building Height: Number of Stories: 7 Overall Height (top of parapet): 64' -11" -Height at Setback: 28' -11" Number of Units: 142 (7 HC) Unit Types Unit A 1 Bedroom Suite 443.6 S.F. Unit B 1 Bedroom Suite 465.6 S.F. Unit C -HC Efficiency 407.6 S.F. Unit D 1 Bedroom Suite 508.8 S.F. Unit E 1 Bedroom Suite 577.9 S.F. Unit F -HC 1 Bedroom Suite 443.6 S.F. Unit Breakdown Type A B C -HC D E F -HC Total Floor 1 9 0 0 2 1 1 13 Floor 2 15 1 1 4 2 0 23 Floor 3 15 1 1 4 2 0 23 Floor 4 15 1 1 4 1 0 22 Floor 5 13 1 1 4 2 0 21 Floor 6 13 1 1 4 1 0 20 Floor 7 13 1 1 4 1 0 20 Total: 93 6 6 26 10 1 142 Building Efficiency: 636 S.F. /Unit Park ing: Car Stalls Required: 1 Per Unit: 1 Per Employee: Car Stalls Provided: 157 Total 142 15 157 166 (7 HC) J I I Lu A OZ->J rV A�U 64f `_SIGN jW _p A '"W C, SIGN TYPE 5I-2 HAIAIWORN 0 �yr�n sunis 0 90- MC-=AA14 DLit. cn z - VMINATED PYLON SIGN LLj HAV%(THORN MINN. -4; DRIVE SUITES HOTEL J I I --E- A OZ->J rV A�U 64f `_SIGN jW _p A '"W C, SIGN TYPE 5I-2 HAIAIWORN A.rrH0RN �yr�n sunis K _ 0 T[ L 90- MC-=AA14 DLit. -- - - - VMINATED PYLON SIGN was HAV%(THORN SUITES HOTEL �IsN T MINBOROMM PARK -PMWIHCMq MNANW SIiE PLAN & SITE PLAN TOWER DESIGN DEVELOPMENT G\-,��TIQN 6�0�CHERT-ELEVATIQN All ' 1 z zu / N I m ED1N130ROUGH WAY. PER CMSt CTIM PEARS AS -R .l ! PAR 0M1 6 CDV_.l O.L Calm - � -' r( T 0 = III it ` wlD.o®wrs ry A ' 1 • T� \ \ PEU, rto AREA. 10 R. IALL C IAfJICCRS ' .. , r ■� 1 IMF, MPaCFKXCH PAW �R ,•� PRELIMINARY �`• GRADING -- •. - FOOTCANbLe LEViL� 0 C=D CD- LU EJE 0 ce —T- 1 --- 4— 0 co VA FF- c rLrLj= SITE. PLAN HAWTHORN S UTES HOTEL EDINBOROUCH PARK EDWAJvW EXTERIOR LICHTING PLAN DESIGN DEVELOPMENT E1.1 i (-) TOWER PLAN LEVELS TWC M Nln►yI _ _ ' Cdw�YpM W�II,Y 11 WM � HAWTHORN SUITES HOTEL EDINBOROUGH PARK EDINA, MN. SECOND & THIRD LEVEL PLAN DESIGN DEVELOPMENI A2.2 m pow- s� C+iWFST ELEVATION ACROSS SECTION, /;P'N'FAST ELEVATION 11119 4 VA if] 'yo V" I Tj ar. T 1um fl [u I ID Ill 12 j,'A.;­ r—w 113 IP 1$ [DEB W H a nllu JU W (I Ill ill 41 [a M; ED m # IB I:p m OBIlalo Q p to [fl.03 II W o✓ 1 [ULU 03 [p [p Mg; Uw m wu 1B m me[B 4HP qq ill 4-4 9 R1 RZI ro mgm PA flg. mqg m E3 QU M JD--pm Mm Ifilel Ill ,v x&­ e, • IQ SOUTH ELEVATION C+iWFST ELEVATION ACROSS SECTION, /;P'N'FAST ELEVATION 11119 4 Tj ar. T 1um fl [u I ID Ill 11 j,'A.;­ r—w 113 IP 1$ [DEB W H a nllu JU W (I Ill ill 41 [a M; ED m IB I:p m OBIlalo Q p to [fl.03 II W o✓ 1 [ULU 03 [p [p Mg; ,+.e* LA~r 03 'rfl JB 4-4 C+iWFST ELEVATION ACROSS SECTION, /;P'N'FAST ELEVATION I 3A 4 C+iWFST ELEVATION ACROSS SECTION, /;P'N'FAST ELEVATION Tj ar. T ID Ill 11 113 IP 1$ [DEB W H a Ill ill 41 [a M; ED m IB I:p m OBIlalo Q p to [fl.03 M n4 Elc LM 1B I[$ ll� Ill � Ll W 03 [p [p Mg; ,+.e* LA~r 03 'rfl JB C+iWFST ELEVATION ACROSS SECTION, /;P'N'FAST ELEVATION n. Q1�16RTH ELEVATION WTAORN . ITES HQTEL:. JBOROL)CH PARK IA. MN TAIL IDNG ELEVATIONS; BUILDiNr, sEdhoNs ICN-OLOLOPMENT i A3'1. Tj ar. T 113 IP 1$ Ill ill 41 [a M; ED m IB I:p m OBIlalo Q p to [fl.03 M n4 Elc LM 1B I[$ ll� Ill � Ll W 03 [p [p Mg; O�MjPtj Fj 0 10 M 03 'rfl JB n. Q1�16RTH ELEVATION WTAORN . ITES HQTEL:. JBOROL)CH PARK IA. MN TAIL IDNG ELEVATIONS; BUILDiNr, sEdhoNs ICN-OLOLOPMENT i A3'1. =I UNIT txnlcicM N,,L D* UNIT E UNIT c e UNIT B E) & F Nwwgem HAWTHORN SUITES HOTEL EDLISIBOROUdH PARK' EDIN& MN. NIT PLANS ESIGN DEVELqPMEMI, 114.1 I r v� 3 cr • ZI 7u — u 7U .D 60 m i In I �vl �I EDINDOROUGII WAY. o � m COMNSr A WSt Ce PCN Cp.s fPUCllpl PLANS .5 -eDM1I i PCe Qn of CDIN. FIELD rOCATM i [ • e!� SO o' DIPS �.C.'I'l —IS 15 U! ! `ID FI INDC DP.iN.0 a U7lrr Ca5[vl Ni P[F I�"C jI tr ° P. r r n .DDnoN.. c e. c e e' ur[eN %/ f`c P ce 1 I I I h I r olr,ln I I rl'� °I ^'z! n[•e 6! u.we O rm o P [.•ea.! o •I . / >I em. DAAMIll Llil Ilil il►lilll-� �� b �- = °I - "� �� RL•®6 im«atoe Ir mNSr o D., • _ .NIa[c mlPar ro w • � rvu Ic•elsa .A PLANTED .N[0. Ion rrdl r n a.s — l� EE= lam ��•i��ii�••��� �I • - • • ��� �♦♦��ll��i,I PREUMNARY r �� WE & LMUTY PLAN NEED 0� film City of Edina Planning Department 4801 West 50th Street Edina, MN. 55424 RE: Case File: P -89 -1 Proposed Hawthorne Suite Hotel at Edinborough Dear Sirs: 7615 Edinborough Way #4303 Edina, MN 55435 -5285 April 9, 1989 -- - - -- As -a- property owner at the - Edinborough Development, I would like to express my general support for the plan to allow Hyatt Hotels to build a Hawthorne Suite Hotel at the undeveloped site at Edinborough. I believe that having this type of hotel there_ would be consistent with the uses already in place and envisioned for the Edinborough site. However, I hope that the Planning Department and the City Council carefully examine the plans for the service entrance of the hotel. The proposed ingress and egress of all service vehicles is significantly off the street and is over an area of proposed pedestrian traffic; Due consideration should be given to all residents concerns about the traffic, noise „ and visual impact that the site plan entails. I do wish that this plan be approved; however not without a thorough examination of all possibilities of an acceptable site plan. Sincerely, � David C. Bartel RE CE IT ED APR 1 1939 0 r REPORT /RECOMMENDATION To: MAYOR AND CITY COUNCIL From: GORDON L. HUGHES HRA EXECUTIVE DIRECTOR Date: APRIL 17, 1989 AMENDMENT TO REDEVELOPMENT AGREEMENT, EDINBOROUGH Recommendation: Agenda Item * i Consent ❑ Information Only ❑ 0 To HRA H ❑ To Council Action _ 0 r REPORT /RECOMMENDATION To: MAYOR AND CITY COUNCIL From: GORDON L. HUGHES HRA EXECUTIVE DIRECTOR Date: APRIL 17, 1989 AMENDMENT TO REDEVELOPMENT AGREEMENT, EDINBOROUGH Recommendation: Agenda Item * IV.A. Consent ❑ Information Only ❑ Mgr. Recommends To HRA ❑ To Council Action _ ❑ Motion K Resolution ❑ Ordinance ❑ Discussion Authorize Chairman and Secretary to execute amended redevelopment agreements as described below. info /Background: On April 17, 1989, the City Council will consider Hawthorn Suites proposal for an extended stay hotel on the vacant parcel remaining at Edinborough. At the same time, the HRA will consider an amendment to the redevelopment contract facilitating conveyance of the property to Hawthorn Suites. The East Edina Housing Foundation must also amend its contracts to allow conveyance to Hawthorn Suites. The development rights for the subject property are presently held by the Edina Partnership. The development rights to the Edina Partnership were recently extended by the HRA until December 31, 1989. EXISTING REDEVELOPMENT AGREEMENT Purchase Price: The existing redevelopment agreement provides a formula for computing the sale price of the subject property. The concept of this formula was determined in 1981 when the Edinborough property was purchased by the HRA. This formula was refined in 1985 when the Edinborough property, with the exception of the subject parcel, was sold for development. The formula is based on an October, 1985, sale price of $5.94 1square foot. According to the formula, the sales price was to increase by the following factors: 9 r Report /Recommendation April 17, 1989 Page 2 1. Interest of 10.5%. 2. Taxes payable in 1985 and all subsequent years. Even if the property were exempt from real estate taxes, taxes would nevertheless be computed as if the property was taxable. The property has in fact been tax exempt. 3. A park dedication reimbursement to the HRA. 4. A grading cost reimbursement plus interest to the HRA. S. Payment of all special assessments due against the property. 6. A contribution to the City of $50,000. If the above formula were followed, the purchase price has grown to be approximately $1,840,000., or $11.80 /square foot. According to the redevelopment agreement, the East Edina Housing Foundation receives all proceeds from the land sale except for park dedication fees, grading costs, special assessments and the $50,000. City contribution. Redeveloper - Second Mortgages: Our original plan was that the East Edina Housing Foundation would use the proceeds of the sale of the subject parcel to fund second mortgages for Edinborough Condominiums. However, all condominiums were constructed and sold prior to the sale of the subject parcel. Therefore, the Foundation was without funds to provide some of the second mortgages for the condominiums. The developers thereupon agreed to fund a portion of the second mortgages, provided that the Foundation would purchase these mortgages at par - value, if and when the subject parcel was sold. The par -value of the redeveloper owned second mortgages is $795,300. PROPOSED - AMENDMENTS TO REDEVELOPMENT AGREEMENT: The proposed amendments to the redevelopment agreements facilitating the Hawthorne Suite project would contain the following terms: - 1. The HRA and the Foundation would consent to the assignment of development rights to Hawthorne Suites. The purchase price would be $1,127,902., or $7.25 /square foot. This purchase price would enable the Foundation to purchase the redeveloper second mortgages and to reimburse the HRA for park dedication, grading and special assessments. The proposed purchase price also includes the $50,000 contribution to the City which is due on building completion. Report /Recommendation April 17, 1989 Page 3 2. Hawthorn Suites proposal to grant a non - exclusive easement for park parking over approximately one -half of its parking lot. This would provide an additional 80 spaces for park use. 3. Hawthorn Suites proposes to pay an annual park maintenance fee of $22,380., which is identical to that anticipated from the office-building originally proposed for the site-.- This fee would be subject to annual C.P.I. increases, as is the case with the phase 1 office building. Also, hotel guests using the pool, track, or ice rink would be required to pay the daily user fee for these facilities. The.proposed purchase price is obviously less than the purchase price prescribed by the formula in the original redevelopment agreement. In our opinion, the price prescribed by the formula now substantially exceeds the market value of the property. This opinion is supported by the HRA's appraiser, Craig Johnson, who has valued the parcel at approximately $8.00 a square foot. A copy of Mr. Johnson's opinion is attached. We also compared the proposed purchase price with the recent sale of the Hedberg Property at approximately $5.50 /square foot. We believe the proposal of $7.25 /square foot is reasonable, given the parking rights that have been extended to the City, as well as the annual park maintenance fee. In it's review of this proposal, HRA should weigh the likelihood of obtaining a higher purchase price from another purchaser in the future, as compared with the tax increments that it will receive from the immediate development of the property from Hawthorn Suites. We estimate that tax increments will exceed $200,000. annually from the proposed project. We recommend acceptance by the HRA of the proposal and recommend adoption of the attached resolution approving the amended redevelopment agreements. 1: 1 N. CRAIG .JOHNSON, MAI October 26, 1988 City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attn: Mr. Gordon Hughes Re: Edinborough (undeveloped site) Dear Mr. Hughes: REAL ESTATE APPRAISER • CONSULTANT 3250 WEST 66TH STREET, SUITE 330 EDINA, MINNESOTA 55435 (612) 927 -8788 As requested, I •have inspected the referenced site for the purpose of estimating its probable market value. For valuation purposes I have assumed that public improve- ments will serve the site, and the original permitted use (office development) remains valid. The market for I -494 oriented sites has been almost dormant over the past year; the office developments committed for construction in this area are now complete, and new develop- ment is likely to be limited until the space inventory is absorbed - local professionals.estimate a minimum of a two year supply of multiple- tenant, Class A office space presently exists in this market area. Recent sales, together with those cited in the earlier Report (August 17, 1987) indicate a probable value range of $8 to $10 per SF, assuming that the special assessments, park fees, etc., are prepaid. Market activity is not likely to demonstrate any significant change over the next six months; I estimate $8.00 per SF as the most probable value recognizing the possible and permitted uses for the site. Accordingly, the estimated market value is $8.00 SF (x 155,000 SF), or: - $1,240,000 - -2- This value estimate is tendered as a counseling opinion, inasmuch as a comprehensive appraisal was not within the scope of the assignment. I believe, however, that such an effort would not materially alter my conclusion. Sincerely, N. Cra' Johnson, MAI NCJ /jf rd e. r 1899g AMENDMENT NO. 4 (TO FOUNDATION CONTRACT) AND AMENDMENT NO. 7 (TO HRA CONTRACT) This Amendment, made and entered into as of the _ day of 1 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 nonprofit corporation (the "Foundation "), and The Edina Partnership, a Minnesota general partnership (the "Redeveloper "). WITNESSETH, THAT: WHEREAS, the HRA and the Foundation entered into a Land Sale Agreement and Contract for Private Redevelopment dated on or as of August 1, 1985 (the "Original HRA Contract "); and WHEREAS, Redeveloper and the Foundation entered into a Land Sale Agreement and Contract for Private Redevelopment dated on or as of August 1, 1985 (the "Original Foundation Contract "); and WHEREAS, the HRA Contract has previously been amended by Amendment No. 1 dated as of October 1, 1985, by Amendment No. 2 dated as of April 1, 1986, by Amendment No. 3 dated as of July 10, 1986, by Amendment No. 4 dated as of October 6, 1986, by Amendment No. 5 dated as of February 19, 1987, and by Amendment No. 6 dated as of 1989 (the Original HRA Contract, as so amended, shall hereinafter be called the "HRA Contract "); and WHEREAS, the Original Foundation Contract has previously been amended by Amendment No. 1 dated as of April 1, 1986, by Amendment No. 2 dated as of July 10, 1986, and by Amendment No. 3 dated as of 1989 (the Original Foundation Contract, as so amended, shall hereinafter be called the "Foundation Contract "); and WHEREAS, Redeveloper, by the terms of the Foundation Contract, has the right and option to purchase the property defined in the Foundation Contract and HRA Contract (herein together sometimes called the "Contracts ") as the Office Project Area Phase II; and WHEREAS, the parties now desire to amend and clarify some of the terms and provisions of the Contracts as they relate to the Office Development Phase II. NOW, THEREFORE, for and in consideration of the covenants and agreements herein set out, the parties hereto do hereby agree as follows: 1. Terms. Terms used, but not defined herein, shall have the same meaning as in the HRA Contract or Foundation Contract. 2. Legal Description. 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 ( "Lot 1 "). 3. Option; Exercise; Survival. (a) Redeveloper has the right to and may exercise, pursuant to and subject to the terms and conditions of those Articles of the Contracts specified in paragraph 19 hereof, the option to acquire Lot 1. (b) The HRA, Foundation and Redeveloper agree that execution of this Amendment shall be the exercise of the option at paragraph 3(a) hereof, and Lot 1 shall be purchased and sold pursuant to the terms and conditions of this Amendment and the Articles of the Contracts specified in paragraph 19 hereof. (c) The provisions relating to exercise of the option set out in paragraph 3(b) hereof notwithstanding, it is understood and agreed that if, for any reason, any of the contingencies set out in paragraph 6 hereof have not occurred or are not waived, or if purchase of Lot 1 pursuant to this Amendment is terminated pursuant to paragraph 10 hereof, so that Lot 1 is not conveyed to Redeveloper or Assignee pursuant to this Amendment, then the option set out at paragraph 3(a) hereof shall continue in full force and effect as if this Amendment had not been entered into, and the HRA, Foundation and Redeveloper shall enter into a written agreement terminating this Amendment (except that the indemnity provisions of the Contracts as set out in paragraph 10 hereof shall continue). 4. Purchase Price. (a) The purchase price to be paid by Redeveloper to the Foundation for Lot 1 shall be $ and shall be paid in cash, or by certified or cashier's check, on the Closing Date. No other, or additional, purchase price shall be payable by Redeveloper for Lot 1; provided, however, that Redeveloper shall pay, and shall not by this Amendment be relieved from the obligation to pay, (i) all costs incurred or paid by the HRA or Foundation in connection with the sale of Lot 1, including, without limitation, abstract costs, filing fees, state deed taxes, escrow fees and costs or fees for title insurance commitments or policies, (ii) real estate taxes and installments of special assessments payable in 1989 and subsequent years, (iii) all connection, hookup, sewer access charges, sewer availability charges; and other similar or dissimilar charges, and all fees and charges for -2- building and other permits, and (iv) the sum of $50,000 to the City when required by Section 3.1(f)(ii) of the HRA Contract and before the HRA or Foundation need give a Certificate of Completion for the development on Lot 1, all pursuant to Section 4.4 of the HRA Contract. (b) The Foundation shall make all payments to be made, pursuant to the Contracts, to the City of Edina (the "City ") or HRA in connection with the sale or development of Lot 1, for grading and for subdivision dedication fees. The Foundation also agrees to reimburse the HRA for all special assessments against Lot 1 paid by the HRA and payable in 1988 and prior years. 5. Closing. The closing date ( "Closing Dat@") shall be (i) September 30, 1989, or (ii) such earlier date as all of the contingencies set out in paragraph 6 hereof have occurred or been waived pursuant to said paragraph 6. 6. Contingencies. Upon the occurrence, or the waiver, in writing, by Redeveloper, Foundation and HRA, on or before the Closing Date, of all of the following contingencies, the HRA and Foundation shall sell, and Redeveloper and the Assignee shall buy, Lot 1 pursuant to this Amendment. However, if all of such contingencies have not so occurred or been so waived, then this Amendment shall be void and of no force and effect and the option set out at paragraph 3(a) hereof shall continue in full force and effect as if this Amendment had not been entered into, and the HRA, Foundation and Redeveloper shall enter into a written agreement terminating this Amendment (except that the indemnity provisions of the Contracts as set out in paragraph 10 hereof shall continue). The contingencies are as follows: (a) Approval by the HRA and Foundation in the manner and pursuant to the procedures set out in Article IX of each of the Contracts, of an assignment by Redeveloper of all of the right, title and interest of Redeveloper in and to Lot 1, including the right to acquire the same pursuant to the Contracts as hereby amended, to a developer (the "Assignee ") of the Hotel (below defined); (b) Amendment by the City and the.HRA of the Southeast Edina Redevelopment Plan, as now amended, and amendment of the applicable zoning ordinances of the City, to permit an extended stay, all suites hotel (the "Hotel ") containing not less than 142 suites, on Lot 1; (c) ,Approval of the Construction Plans for the.Hotel by the HRA pursuant to the HRA Contract; (d) Approval by the HRA and Redeveloper of the terms and conditions of an agreement granting easements, including Public Easements (the "Easement Agreement "), required or desired by either Redeveloper or the HRA over the property of the other, including, without limitation, easements for connecting the Hotel to the Park, -3- and the grant of the following rights and easements in favor of members of the general public, the HRA, the City of Edina, and the employees, licensees, agents and contractors of, and other persons authorized by, the HRA or the City of Edina, all without cost or charge to any of such benefitted parties: M a non - exclusive easement on, over and across those parts of Lot 1 now or hereafter improved with driveways for access by vehicles to and from the public streets from and to the parking spaces referred to in subparagraph (iii) of this .paragraph (d); (ii) a non - exclusive easement on, over and across those parts of Lot 1 now or hereafter improved with walkways or sidewalks, for access by pedestrians to and from the public streets and the parking spaces referred to in subparagraph (iii) of this paragraph (d) from and to the Park and Park Site (as defined in the Contracts); and (iii) (e) Approval by Redeveloper of the physical capacity of any sanitary sewer system now or hereafter serving the Project or the Office Project Area Phase II to adequately handle the anticipated sanitary sewer discharge from the Hotel or any other development of Lot 1 and of the legal right to use such capacity (and it is understood and agreed that the BRA, City and Foundation, as stated in the HRA Contract, make no warranties or representations as to the physical capacity of any such sanitary sewer service or the legal right to use such capacity). (f) Receipt by Redeveloper of evidence reasonably satisfactory to Redeveloper that all utilities are available at the boundary of Lot 1, are appropriately sized for the Hotel and can be connected thereto upon payment of connection charges normally imposed by applicable utilities or governmental bodies having jurisdiction. 7. Abstracts and Title. (a) The HRA and Foundation shall have no obligation or liability to deliver any abstracts, title insurance commitments or other evidence of title or ownership of any kind; any abstracts or title or ownership evidence desired by Redeveloper shall be purchased at the sole expense of Redeveloper. -4- (b) Any conveyance to Redeveloper or Assignee to be made pursuant to the Contracts, as hereby amended, shall be made by the HRA pursuant to a Redevelopment Property Deed substantially in the same form as used by the HRA to convey the Office Project Area Phase I (being legally described as Lot 3, Block 1, said plat of Edinborough Addition). (c) The HRA and Foundation shall have no obligation to cure or remove any title defects or title objections existing or claimed to exist as to Lot 1, and Redeveloper agrees to accept title to said Lot 1 in its "as is" condition. In addition, the Redevelopment Property Deed shall be subject to the encumbrances (the " Permitted Encumbrances ") listed on Exhibit A attached hereto and hereby made a part hereof. 8. Closing Documents. On the Closing Date the following documents, in form and substance reasonably acceptable to the HRA and Foundation, shall be duly executed and delivered: (a) An Opinion of Counsel for the Assignee addressed to the HRA and Foundation (modified as necessary to fit the Assignee, if assignment is made pursuant to paragraph 16 hereof and approved pursuant to paragraph 6(a) hereof); (b) An opinion of counsel addressed to the HRA and Foundation relative to The Edina Partnership and all Partnerships signing the consents hereto, and covering specifically this Amendment, said consents, the assignment to Assignee, and any and all documents signed or delivered,pursuant to paragraph 17 hereof; (c) The insurance policies required by Section 6.1 of the HRA Contract; (d) The Redevelopment Property Deed for Lot 1, subject to the Permitted Encumbrances, from the HRA;, (e) The partnership agreements, articles, bylaws and certificates required by Section 3.3(vii) of the HRA Contract; (f) Construction Plans for the Hotel (if not previously delivered), approved by the HRA; (g) An Agreement (Covenants.Running With The Land) in substantially the form and substance of the Agreement (Covenants Running With The Land) dated as of October 1, 1985, and used in connection with the development of the Office Project Area Phase I, except, however, that the annual Public Maintenance Charge for the Hotel shall be per ; 51M (h) An Easement Agreement with descriptions of all easements, including Public Easements, in Lot 1 or the Office Development Phase II, and including, without limitation, the rights and easements set out in paragraph 6(d) hereof; (i) The guaranty of the Public Maintenance Charge required by Section 3.3(xi) of the HRA Contract; (j) Assignments to the HRA pursuant to Section 11.18 of the HRA Contract, if requested by the HRA;. (k) The guaranty and related documents required by Section 5.8(a) of the HRA Contract only for the HRA Public Improvements referred to in paragraph 13 of this Amendment, and the guarantor shall be Redeveloper; (1) The Owner's duplicate certificate of title for Lot 1; and (m) Such other documents as may be reasonably required by Redeveloper, Assignee, HRA or Foundation in connection with the closing. 9. Recording. The following closing documents shall be recorded, without cost to the HRA or Foundation, in the following order and prior to any other closing documents: Redevelopment Property Deed, Easement Agreement and Agreement (Covenants Running With The Land). No mortgage or other lien given or suffered by Redeveloper, or Assignee, shall be recorded prior to the recording of all of the documents above listed in this paragraph 9. 10. Condition of Property: Environmental Tests, Possession. Redeveloper specifically acknowledges that it is buying Lot 1 "as is." Not later than June 30, 1989, Redeveloper or Assignee shall make, or cause to be made, such soil tests or environmental tests of Lot 1 as Redeveloper or Assignee may deem necessary under the circumstances. The HRA and Foundation have not made and will not make any representations or warranties to Redeveloper, or to Assignee or any other successor or assign of Redeveloper, regarding (i) the suitability of the soils of Lot 1 for the Hotel or'any other development; or (ii) the presence on Lot 1 of, or the use of Lot 1 at any time for the storage or disposal of, toxic substances, toxic pollutants, or hazardous wastes, hazardous materials, hazardous air pollutants or hazardous substances,. as the same, or equivalent, are identified by or are defined by or pursuant to federal, state or local law, ordinance or regulation, and including, without limitation, polychlorinated biphenyls and petroleum products and by- products. It is further agreed that the HRA and Foundation shall have no liability to Redeveloper, or to Assignee or to any other successor or assign of Redeveloper, for any removal, clean -up, or amelioration of such soils, pollutants, materials, wastes or substances. Redeveloper and Assignee, pursuant to Section 3.4(d) of the HRA Contract, and subject to -6- the indemnity provisions of Section 11.11 of the HRA Contract and Section 11.10 of the Foundation Contract, have the permission of the HRA to enter upon Lot 1 for testing. If such tests reasonably indicate to Redeveloper that substantial and extraordinary costs for removal of hazardous wastes or hazardous substances would be involved or substantial and extraordinary site preparation or foundation costs would be necessary for the development of the Hotel, then Redeveloper may terminate purchase of Lot 1 pursuant to this Amendment by notice given to the HRA and - Foundation pursuant to Section 11.5 of the Foundation Contract on or before July 10, 1989. If no such notice be so given, then Redeveloper shall be deemed to have waived all right to terminate this Amendment pursuant to this paragraph. If such notice be so given, this Amendment shall be void and of no force and effect (except that the indemnity provisions of Section 11.11 of the HRA Contract and Section 11.10 of the Foundation Contract shall continue), and the option set out at paragraph 3(a) hereof shall continue in full force and effect as if this Amendment had not been entered into, and the HRA, Foundation and Redeveloper shall enter into a written agreement terminating this Amendment. 11. Real Estate Taxes and Assessments: Permit Fees. The Redevelopment Property Deed shall be subject to, and Redeveloper shall agree to pay, all real estate taxes against Lot 1 payable in 1989 and subsequent years and installments of special assessments payable therewith. However, to the extent the HRA or Foundation has paid, on or before the Closing Date, any of such real estate taxes or installments of special assessments, then Redeveloper shall reimburse the HRA or Foundation, on the Closing Date, for such payment. Redeveloper shall also pay, and the HRA and Foundation shall have no obligation to pay, all fees and charges for building and other permits, hookup charges, sewer access charges, sewer availability charges, connection charges, and all other similar or dissimilar charges, in connection with the Hotel development or any other development on Lot 1. 12. Commencement and Completion of Construction. Redeveloper understands and agrees that the provisions of Section 4.3 of the HRA Contract shall apply to the development of Lot 1 with the Hotel, including, without limitation, the requirement that construction of the Hotel shall commence within 30 days after approval by the HRA of the Construction Plans for the Hotel and conveyance of Lot 1. 13. HRA Public Improvements. The HRA Public Improvements associated with the Hotel development of Lot 1, and the maximum price therefor to be paid by the HRA, is as set out in Exhibit B attached hereto and hereby made a part hereof. 14. Default: Remedies. If the contingencies set out in paragraph 6 hereof have occurred or been waived as provided in paragraph 6, and if notice of termination is not given by Redeveloper pursuant to paragraph 10 hereof, and: -7- (a) if Redeveloper defaults in any of its obligations under the Contracts, as hereby amended, on or before the Closing Date, then the Foundation and HRA may exercise any remedy then available to them at law or in equity or under the Contracts, as hereby amended, including, without limitation, suit for damages, suit for specific performance or termination of the Contracts as hereby amended, but without any notice or grace periods except as may be required by applicable Minnesota Statutes for termination of the Contracts as hereby amended; (b) if Redeveloper defaults in any of its obligations under the Contracts, as hereby amended, after the Closing Date and conveyance of Lot 1 to Redeveloper, then the Foundation and HRA shall have available to them all of their respective rights at law or in equity or as set out in the'Contracts, as hereby.amended, subject, however, to the requirements of notice and grace periods to cure defaults as set out in the Contracts; (c) if the Foundation or the HRA defaults in any of their obligations, or the obligations of either of them, under the Contracts, as hereby amended, then Redeveloper, as its sole'and exclusive remedy (all other rights and remedies being hereby waived and released) may terminate the Contracts, as hereby amended, and the HRA and Foundation, specifically, shall have no liability or obligation for damages of any kind; provided, however, if the default of the HRA or Foundation is the failure to execute and deliver the Redevelopment Property Deed, then Redeveloper shall have the additional remedy to sue for the specific performance by the HRA and the Foundation of the delivery of such deed. Said-suit shall be commenced within 20 days of the date of such failure, and if not commenced within said period, the right to sue for such specific performance shall be waived. However, in no event shall the HRA or Foundation be liable for damages of any kind, monetary or otherwise, for failure to execute and deliver such deed. 15. Brokers' Commissions. a. Redeveloper represents and warrants to the HRA and the Foundation that it has not dealt with any brokers, finders or the like in connection with the sale of Lot 1. Redeveloper agrees to indemnify the HRA and the Foundation and to hold them harmless against any and all claims, damages, costs and expenses, including reasonable attorneys' fees resulting from any claim for a commission or fee for the sale of Lot 1 due to the act or agreement, or alleged act or agreement, of Redeveloper, and Redeveloper will pay all costs of defending against any such claims, including reasonable attorneys' fees. b. The HRA and Foundation represent and warrant to Redeveloper that they have not dealt with any brokers, finders or the like in 15-IM connection with the sale of Lot 1. The HRA and the Foundation agree to indemnify Redeveloper and to hold the Redeveloper harmless against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, resulting from any claim for a commission or fee for the sale of Lot 1 due to the act or agreement, or alleged act or agreement, of Foundation or HRA, and they will pay all costs of defending against any such claims, including reasonable attorneys' fees. 16. Assignment. References herein to Redeveloper shall include Assignee (as defined in paragraph 6(a) hereof) from and including the date of written approval by the HRA and Foundation of any assignment by Redeveloper to Assignee made pursuant to Article IX of the respective Contracts. 17. Purchase of Second Mortgages. The Foundation agrees to purchase all of the Redeveloper Second Mortgages, as defined in the Foundation Contract, pursuant to the terms of the Foundation Contract, with the purchase price received, when and if received, pursuant to the sale anticipated by this Amendment. Such purchase shall be made on the Closing Date, but subject to receipt by the Foundation of certificates, duly signed by United Mortgage Corporation ( "Servicer ") certifying as to each Redeveloper Second Mortgage to be bought by Foundation, (i) to the unpaid principal balance, (ii) that Servicer holds in its files the original duly recorded mortgage, the original note, a mortgagee's duplicate certificate of title, a title insurance policy insuring the Foundation's interest in the Redeveloper Second Mortgage as a first and prior lien subject only to the first mortgage, the Assessment Agreement, the condominium declaration, floor plans and by -laws, the Agreement (Covenants Running With The Land), utility and drainage easements, and such other encumbrances as may be acceptable to the Foundation, and (iii) such other matters as the Foundation shall reasonably request. Such certificates otherwise shall be in form and substance acceptable to the Foundation. The purchase price shall be paid only to The Edina Partnership. It is agreed, however, that the Foundation shall pay for the Redeveloper Second Mortgages only the price required to be paid, and shall buy only those of such mortgages required to be bought, pursuant to the Foundation Contract, but shall pay not more than $795,300.00 for all of such Redeveloper Second Mortgages, and that.Redeveloper shall sell all of such Redeveloper Second Mortgages to the Foundation for not more than $795,300.00. 19. Provisions Superseded; Continuing Effect. The provisions of this Amendment shall control over, and shall be an amendment of, any terms, conditions or provisions of the Contracts which are contrary to, or inconsistent with, the provisions of this Amendment. Subject to the immediately preceding sentence, the terms and conditions of Articles I, II, III, IV, VI, VIII, IX, X, XI, XII and XIII of the HRA Contract, and Articles I, II, III, IV, VI, VIII, IX, X, XI, XII, XVI and XVII of the Foundation Contract, as hereby amended, shall be and remain in full force and effect. -9- 20. Counterparts. This Agreement may be executed in one or more counterparts, all of which, taken together, shfill constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By Its Chairman By Its Secretary EAST EDINA HOUSING FOUNDATION By Its And Its THE EDINA PARTNERSHIP By York Edina Partnership, a general partner in The Edina Partnership By Winfield Developments, Inc., a general partner in York Edina Partnership By Its By Laukka, Inc., a general partner in York Edina Partnership By Its -16- 0 HAWTHORN SUITES John J. Lyons Senior Project Director March 15, 1989 Mr. Craig Larson Planner City of Edina Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 RE: Edinborough Planned Unit Development Dear Craig: On behalf of the Hawthorn Suite Edina, approval is requested for the final development plan for the Edinborough Planned Unit Development. We have proposed a 142 -room, extended -stay, all - suite hotel. Typical to our Hawthorn Suite chain, the property is designed for hotel guest complimentary breakfast and evening hor d'oeuvres and incorporates two meeting rooms and a lobby seating area. The submitted plan has been carefully developed to be consistent with the overall Edinborough complex in terms of architectural design, including building shape and exterior building materials. While completing the westerly access, the hotel will add to the activity in the Edinborough Park and we expect to maintain an important service feature for the existing office development, as well as those office developments proposed for Centennial Lakes. Furthermore, we believe that the hotel use will be amenable to the adjacent residential and therefore an asset to each of the existing uses. The proposed hotel, at approximately 90,000 sq.ft., is slightly more than half the size of the currently approved office building. As such, the proposed plan indicates a significantly less intensive land use, which should also greatly reduce the traffic generated from this site. We have strived to evolve the proper relationship between the proposed hotel and the existing structures. The design has been developed to balance the mass and form of the eastern office building and therefore provide a symmetry to the park and housing structures. Madison P1aia, 200 West Madison, Chicago, IL 60606 (312) 750 -1234 Mr. Craig Larson March 15, 1989 Page 2 The hotel floor plan contains a significant offset to the south which increases the distance between the hotel and the existing residential housing to the north. Internally, the public activities of the hotel have been concentrated in a two -story link adjacent to the park. We believe this will provide a graceful transition from the large volume park into the hotel, while reinforcing the public activity of the park areas. Through various meetings with the city staff, including the planning, zoning and building departments, we have endeavored to conform to all city ordinances with the development of these plans. These final development plans ask for modifications of the existing Edina Planned Unit Development to: 1. Permit hotel use in lieu of office for this site; and 2. Permit a 35 -foot side yard setback, in lieu of the 50 -foot setback. The requested modifications would be consistent with MD6 zoning, which is approved for the Centennial Lakes project directly across from the site. Additionally, we have proposed signage for the hotel which differs from the current signage regulations. The plans include a number of city /developer issues such as additional parking spaces, construction of a common tramway and sidewalk (with appropriate easements) which we believe will need to be addressed in the separate site Redevelopment Agreement. We believe these plans indicate our commitment to maintain and, where possible, enhance the integrity of the Edinborough development. We and our consultants are completely at your disposal to review any details and we ask that this final development plan be included for the March 29, 1989 planning commission agenda. Re Sf .. >: ohn J. 4 . 4— Attachment If Case Number Date Fee Paid CITY OF EDINA Application for Final Development Plan Applicant: Hawthorn Edina Inc. c/o Hyatt Development Corporation 200 West Madison Chicago, IL 60606 Attn: John Lyons 312/750 -1234 Property Owner: The Edina Partnership c/o Realty Management Services, Inc. 2001 Killebrew Drive Bloomington, MN 55420 Attn: Tom LaSalle 612/854 -8800 Legal Description Lot 1 (One), Block 1 (One), Edinborough, of Property: according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Property Address: Present Zoning: MD5 Edinborough Planned Unit Development Explanation of Request: Approval is requested of the Final Development Plan for the Edinborough property. This plan essentially modifies the currently approved PID in two categories: a) Hotel as a principal use, in lieu of office; and b) 35' side street setback, in lieu of 50'. Additionally, we have shown exterior signage which differs from the current signage ordinance. Architect: Winsor /Faricy Architects 28 West Fifth Street St. Paul, MN 55102 Attn: Ellen Luken 612/227 -0655 Surveyor: BRW The Thresher Square Building 700 - 3rd Street South Edina, MN 55424 Attn: Dale Beckman 612/370 -0700 Property Owner's Signature Date ,44 plicantIs ignature 3, �t Date LOCATION Consent MAP Agenda IV. C. LOT DIVISION NUMBER LD -89 -3 L O C A TI O N 5812 -5814 View Lane EDINA PLANNING DEPARTMENT 0 LD -89 -3 5813 -5814 View Lane Lot 6, Block 4, Parkwood Knolls 11th Addition Mr. Larsen informed the Commission the property is an existing double bungalow. He added the units do not have the required separate water services. Mr. Larsen concluded staff recommends approval subject to the installation of individual water services. A brief discussion ensued with the Commission in agreement that approval for the lot division is subject to installation of individual water services. . Commissioner McClelland moved to recommend approval- subject to the installation - of water services. Commissioner Shaw seconded the motion. Ayes; Palmer, McClelland, L. Johnson, D. Johnson, Workinger, Shaw, Faust, Hale, Runyan, C. Johnson. Motion carried. COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT MARCH 24, 1989 LD -89 -3 5812 -5814 View Lane Lot 6, Block 4, Parkwood Knolls 11th Addition Property Owner: Carl M. Hansen 5307 Vernon Avenue Request: Party wall lot division The property is an existing double bungalow. The units do not have the required separate water services. Recommendation: Approval subject to the installation of individual water services. • Still Is q i��� is -mss is mss iBill� s • �3t Nfl hu MIR.•: � `s � 3 � �a � 3 =�3s '� � 3 .� l i ibis � a sue d3xv „ b �� vP u: 'S"N y�b� ,•`i',6. I lb / 7 , ♦ ' / A , /.1r J/ i •4 � •i a 4 RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 6, Block 4, Parkwood Knolls 11th Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County except that part which lies Easterly of a line drawn from a point on the Southeasterly line of the above described Lot 6 distant 26.0 feet Southwesterly of the Southeast corner of said Lot 6, to a point on the Northeasterly line of said Lot 6 distant 25.0 feet Northwesterly of the Southeast corner of said Lot 6; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels ") described as follows: Northwesterly Parcel: That part of Lot 6, Block 4, Parkwood Knolls 11th Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota lying northwesterly of the following described line: Beginning at a point on the northeasterly line of'said Lot 6 distant 93.81 feet northwesterly of the southeast corner of said Lot 6; thence Southwesterly to a point on the southwesterly line of said Lot 6 distant 93.86 feet northwesterly of the southerly corner of said Lot 6 and there terminating. Southeasterly Parcel: That part of Lot 6, Block 4, Parkwood Knolls 11th Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota lying southeasterly of the following described line: Beginning at a point on the northeasterly line of said Lot 6 distant 93.81.feet northwesterly of the southeast corner of said Lot 6; thence southwesterly to a point on the southwesterly line of said Lot 6 distant 93.86 feet northwesterly of the southerly corner of said Lot 6 and there terminating. Except that part which lies Easterly of a line drawn from a point on the southeasterly line of the above described Lot 6 distant 26.0 feet southwesterly of the southeast corner of said Lot 6, to a point on the Northeasterly line of said Lot 6 distant 25.0 feet Northwesterly of the Southeast corner of said Lot 6. WHEREAS, the requested subdivision is has been determined that compliance w Regulations of the City of Edina will Parcels as separate tracts of land do Subdivision and Zoning Regulations as Nos. 801 and 825; authorized under Ordinance No. 801 and it ith the Subdivision and Zoning create an unnecessary hardship and said not interfere with the purpose of the contained in the City of Edina Ordinance NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 825 and Ordinance No. 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 825 and subject to the 1 limitations set out in Ordinance No. 825, and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. ADOPTED this 17th day of April, 1989 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolultion duly adopted by the Edina City Council at its Regular Meeting of April 17, 1989 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 20th day of April, 1989. Marcella M. Daehn City Clerk 0) 0, REQUEST FOR PURCHASE o:, TO: Housing and Redevelopment Authority of Edina FROM: Gordon Hughes, Executive Director VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000 DATE: 14 April 1989 RECOMMENDED QUOTE OR BID: E.H. Renner & Sons, Inc. $ 12,450.00 GENERAL INFORMATION: This is a part of the Centennial Lakes project. The work will be to properly abandon (according to State code) twelve and eight inch diameter wells used by the previous owner. Additionally', seven small wells were installed to determine if any water quality problems existed on the site. The project costs will be shared by the HRA and developers. Si The Recommended bid is __X_ - within budget not Housing and Redevelopment Authority Department Wallin, Finance Director Kenneth Rosland, City Manager ' AGENDA ITEM v. A. ITEM DESCRIPTION: Well Abandonment Companv Amount of Quote or Bid 1. E.H. Renner & Sons, Inc. 1. $ 12,450.00 2. Layne Minnesota Company 2. $ 17,410.00 3. Keys Well Drilling 3. No Bid 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: E.H. Renner & Sons, Inc. $ 12,450.00 GENERAL INFORMATION: This is a part of the Centennial Lakes project. The work will be to properly abandon (according to State code) twelve and eight inch diameter wells used by the previous owner. Additionally', seven small wells were installed to determine if any water quality problems existed on the site. The project costs will be shared by the HRA and developers. Si The Recommended bid is __X_ - within budget not Housing and Redevelopment Authority Department Wallin, Finance Director Kenneth Rosland, City Manager ° Cn REQUEST FOR PURCHASE N `'`I Iraq °, TO: Mayor & City Council FROM: Francis Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5.10--00 DATE: 13 April, 1989 AGENDA ITEM V.R. ITEM DESCRIPTION: Aerial Personnel Lift /Installed Company Amount of Quote or Bid 1. ABM Equipment & Supply,-Inc. 1.$ 13,528.00 2. LaHass Mfg. & Sales, Inc. 2.$. 16,825.00 3. 3. 4. 4. 5. 5, RECOMMENDED QUOTE OR BID: ABM Equipment & Supply, Inc. $ 13,528.00 GENERAL INFORMATION: This is a replacement for the existing aerial personnel lift unit mounted on the back of truck unit 25.340. The existing., unit will be traded in on an upgraded model. This purchase will be funded through the equipment replacement fund. Public Works - Streets Sig ture -� The Recommended bid is ___X_ within budget not within bu_ddei Kenneth Rosland, City Wallin,;Fifnance Director e -4 Cn \�bRpoMSeJ • lose REPORT /RECOMMENDATION To: KEN ROSLAND, MANAGER Agenda Item # v From: TED PAULFRANZ, _g1PE--C1jjE1 Consent ❑ Information Only ❑ Date: APRIL 13, 1989 Mgr. Recommends ❑ To HRA Subject: AWARD OF BID - 5000 PSI a To Council STATIONARY BREATHING. AIR COMPRESSOR -Action 0 Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Continue award of bid for 5000 PSI Stationary Breathing Air Compressor to the meeting of May 1, 1989. Info /Background: I am requesting a two -week extension on award of bids for the compressor. Our analysis of the bids is not complete, and I-have questions involving service, maintenance and compliance with specifications. well o �- 7,II;a o REQUEST FOR PURCHASE i TO: Mayor and City Council FROM: Ted Paulfranz, Fire Chief VIA: Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE April 11, 1989 AGENDA ITEM y.D ITEM DESCRIPTION: Grass Fire Fighting Slide -In Unit Company State Pierce Fire Apparatus Amount of Quote or Bid 1. Custom Fire WI 1. $12,945 2. Pierce Fire Apparatus 141 No Bid 3 -D Fire Apparatus WI 2• No Bid (sent letter) 3 • Minnesota Warner 11N 3. No Bid. 4 Luverne Fire Apparatus SD No Bid Clarey Fire MN 4• No Bid 5• General Safety Equipment MN 5. No Bid Gibson 11N No Bid RECOMMENDED QUOTE OR BD: Custom Fire - -- $12,945 GENERAL INFORMATION: 1989 Grass Fire Fighting Slide -In Unit Replaces and upgrades a 1977 grass fire slide -in unit. The new unit has a larger water tank, is more flexible in use and provides better performance. We intend on using this unit for car fires in the increasing number of parking ramps in the City, particularly Southdale Center and Centennial Lakes. Specification were sent to seven companies located in Minnesota, South Dakota and [4. sconsin. A company in Duluth that has constructed other like. units so expressed interest, but chose not to bid. FIRE Signature Department The Recommended bid is within budget not et Kenneth Rosland, City Manager Director 1 O` Jam. A- o.m. REQUEST FOR PURCHASE TO: Mayor and -City Council FROM: Ted Paulfranz, Fire Chief VIA: Kenneth Rosland, City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5,000 Signature The Recommended bid is FIRE Department v within budget not within Kenneth Rosland, City Wallin. Finance Director DATE April 11, 1959 AGENDA ITEM v . E ITEM DESCRIPTION: 1/2 Ton 4x4 Van Company Amount of Quote or &d 1. Polar Chevrolet 1. $16,187 2. 2. 3. 3. 4. 4. 5• 5. RECOMMENDED QUOTE OR BID: Polar Chevrolet -- $16,187 - -- Hennepin County Contract Award #9544 GENERAL INFORMATION: This vehicle will upgrade and replace a 1980 Plymouth Volare, 4 -door car. It is to be used for emergency transport of firefighters in turn -out gear to the fire scene when additional manpower is needed, rather than using a fire engine. We intend on carrying extra SCBA's, tanks and other equipment in the rear of this vehicle. This vehicle will also be used to transport displays that we use for demonstrations throughout the City and associated tasks. Signature The Recommended bid is FIRE Department v within budget not within Kenneth Rosland, City Wallin. Finance Director I I' r N., REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Ted Paulfranz, Fire Chief VIA: Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.00 DATE April 11, 1989 AGENDA ITEM V. F ITEM DESCRIPTION: one Ton 4x4 Pickup Company Amount of Quote or Bid �• Polar Chevrolet 1, _ $14,567 2. 2• 3. 3. 4. 4• 5. 5. RECOMMENDED QUOTE OR BID: Polar Chevrolet -- $14,567 - -- Hennepin County Contract Award #9544 GENERAL INFORMATION: Replaces a 1977 Dodge 4 X 4 pickup that is used to carry a slide -in grass fire fighting unit. The unit consists of a water tank (200 gallons), pump, gas motor and associated equipment. Additionally, the pickup is used as a general utility vehicle by the Fire Departmeit. (See also Grass Fire Fighting Slide -in Unit) Signature The Recommended bid is within budget not FIRE Department , Kenneth 'REQUEST FOR PURCHASE o:, TO: Mayor & City Council FROM: Francis Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5000 DATE: 13 April, 1989 A AGENDA ITEM V.G. ITEM DESCRIPTION: one Mini -van Company 1. Thane Hawkins Chevrolet (County Bid) 2. 3. 4. 5. _Amount of Quote or ENd 1. $ 11,389.00 2. 3. 4. 5. RECOMMENDED QUOTE OR END: Thane Hawkins Chevrolet $ 11,389.00 (Hennepin County Contract #9544A) GENERAL INFORMATION: This purchase will replace 1979 van Unit No. 24 -215. This is apart of our equipment replacement program and is funded through the equipment replacement fund. Si nature The Recommended bid is —_S_ within budget not with Public Works - Engineering Wallin, F' ance Director Kenneth Rosland, City Manager REQUEST FOR PURCHASE TO: Mayor & City Council FROM: Francis Hoffman, City Engineer VIA: Kenneth Rosland City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5..000 DATE: 13 April, 1989 AGENDA ITEM V.H. ITEM DESCRIPTION: Permanent Street Surfacing with Curb and Gutter Company Amount of Quote or Bid 1. See Attached Tabulation 1. 2. 2. 3. 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: Bury & Carlson, Inc. $ 148,243.00 GENERAL INFORMATION: This bid is for a permanent street surfacing with concrete curb and gutter project which involves three streets as listed on attached tabulation. The first project BA -284 is funded through state aid and the last two, BA -287 and 288 are developer's small subdivision streets which will be assessed. Bids came in extremely competitive, well below.our estimate of $230,958.60. Si ature The Recommended bid is within budget not within Public Works - Engineering Department Kenneth Rosland, City April 13, 1989 11:00 A.M. BID TABUTATION CITY OF EDINA. MINNESOTA CONTRACT 89 -7 BA -284 - Minn. Dr. - France to Edinborough Way, BA -287 - Fox Meadow Ln. & BA -288 - Pinewood Tr. BIDDER TOTAL Bury & Carlson. Inc. S 148,243.00 Alber Construction, Inc. $ 151.717.50 _McNamara Contracting Co.. Inc. $ 153.434.00 Midwest Asphalt Corp. $ 154,928.10 Valley Paving, Inc. $ 155.049.41 Hardrives, Inc. $ 160,658.00 Alexander Construction Co.. Inc. $ 177.779.80 Engineers Estimate $ 230,958.60 ° 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 $5.00 DATE: 13 April 1989 ' AGENDA ITEM v • I ITEM DESCRIPTION: 3/4 Ton Pick -up Truck (Cab and Chassis Only) Companv Amount of Quote or Bid 1, Thane Hawkins Polar Chevrolet 1. $ 11,379.00 2. 2. 3. 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: .Thane Hawkins Polar Chevrolet $ 11,379.00 GENERAL INFORMATION: Bid price as awarded under Hennepin County Contract 49544. (This is one of the vehicles which we can use Hennepin County's bid specifications on since it meets with our requirements.) This vehicle replaces unit number 50 -266 which is a 1982 vehicle and meets the vehicle replacement schedule as per the City replacement policy. This vehicle will be funded through the equipment replacement fund. Sigoature The Recommended bid is Public Works - Utilities Department —A_ within budget not Kenneth Rosland, City Manager e Director Do you want to do business with a store that keeps smut peddlers in business? SHINDERS is the Twin Cities' leading seller of hard -core XXX -rated magazines. Themes degrading wcmen, twoO MMlp, and all forms of perversity are common. Their business practice of also selling base- ball cards and comic books draws children into these pornography outlets. According to the FBI, one in four 12- year -old girls will be sexually assaulted in her lifetime. According to Women Against Pornography, an esti- mated 1.2 million children are annually exploited in commercial sex, that is, child prostitution and child pornography. According to Newsweek, the pornography industry in America is estimated to be a $6 -8 billion -a -year business. Some law enforcement officials contend that it provides the third largest income for organized crime. Seventy percent of the adult pornographic magazines sold end up in the hands of minors, according to Henry Boatwright, Chairman of the U.S. Advisory Board for Social Concerns. — Dallas Morning News 315184 A study conducted by Michigan State Police Detec- tive Lieutenant Darrell Pope demonstrated that of 38,000 sexual assault cases on file in Michigan, 41% involved pornography "just prior to the act, or during the act." —West Michigan News Review, 517179 Police vice squads report that 77% of child molesters of boys and 87% of child molesters of girls admitted imitating the sexual behavior they had seen modeled in pornography. In one group of rapists, 57% indicated that they had tried out the sexual behavior they had seen depicted by pornography. — Charles Keating to the National Conference on Obscenity, 11130181. Human Development Specialist Dr. Shirley O'Brien of the University of Arizona says that child pornography victimizes as many as 2 million children in the United States. Victims include children as young as 3 years old and as old as 18. According to Sen. Christopher Dodd of Connecticut, "By even the most conservative estimates, a child is sexually abused somewhere in this country every two minutes." Prepared and circulated by the CLEAN -UP Project, 2875 Snelling Ave. No., St. Paul, MN 55113 WHY FIGHT AGAINST PORNOGRAPHY? 1. We believe that pornography does not belong in the family marketplace. 2. Pornography is anti - family. We are attempting to call attention to this fact and encouraging consumers to take their business elsewhere. 3. We believe that all people who are concerned over the welfare of our children, the rapidly rising rape rate and the moral climate of our country should consider shopping in stores which do not sell pornographic magazines or rent pornographic video tapes. 4. We are exercising two basic constitutional rights: The right of free speech, and the right of citizens peacefully to assemble. We hope that through the exercise of these rights we will call attention to the growing menace of pornography in our nation. Just as anti-Semitic and racist materials are' unacceptable in our community, so is pornography. As the former is bigoted and teaches hate, porn teaches that women and others are objects to be used rather than sensitively in love. It is debasing, degrading, dehumanizing, anti -man, anti - woman, and violates Judeo- Christian values. THE NATURE OF PORNOGRAPHY It conditions readers to deviancy. People are not born deviant. They are conditioned to it. Pornography not only causes but sustains sexual interest in deviant behavior. Pornography provides malignant fantasy material which often is acted out in real life. Pornography dehumanizes and debases women, makes a mockery of a beautiful gift of God, reducing sex to a cheap animal commodity to be bought and sold in the marketplace of prurience. Pomography desensitizes the observer to sexual aggression against women and children. Pornography presents the message that pain and humiliation are "fun" for women and cause men to be less inhibited against rape. Pomography acts as a sex manual, instructing the consumer HOW to do the act. CLICHE ARGUMENTS AND ANSWERS You can't�leglslate morality. On its face this cliche' is absurd, becatise every law legislates morality. Every law sets some standard for its citizens and every citizen must ultimately make the moral decision to obey or disobey. Private morals are private, public morals are the business of the entire community, and the officers empowered by the community to defend the welfare of the community against the willful minority. Commercial obscenity is public business. It is public morality that obscenity laws are designed to safeguard, not private morality. Obscenity is in the eye of the beholder. What Is obscene to you may not be obscene to others. This implies that obscenity is subjective. It is not. It is the description or depiction of specific sexual activity, the description or depiction of which is prohibited by law, to protect the common good. It is as objective as stealing or murder. Laws against fraud are much more vague and difficult to prosecute than obscenity, yet fraud is prosecuted. Therefore, we should not avoid prosecution of pornography simply because it is "in the eye of the beholder." I'd rather see people make love than make violence. There is no love in pornography. It is totally loveless, debasing women, children,, and humanity in general. In addition, violence is inherent in pornography. War, poverty, hunger and violence are the real obscenities. Sex is not obscene. The extension of the word'obscenity' to cover all kinds of social evils is a recent development in our language. It is a well -known technique to confuse and blunt the force of obscenity law. Of course sex is not obscene. It is the design and creation of God. It is the debasing abuse of sex that is obscene. And as in the past, so now allover the country, legislatures and the judiciary definitely specify certain abuses of sex as obscene. If you don't like pornographic films and books, you don't have to see them or buy them, but don't Interfere with my right to see or buy them. I don't see or buy pornography. But it is there polluting the environment in which 1 am trying to raise my children. Society says it does not want it there and has enacted laws against it. The United States Supreme Court has said that what you do in the privacy of your home is your own business. But your privacy does not extend to the market place. It is against the law for anyone to sell or exhibit obscenity to you. We are simply encouraging the store not to sell pornography and encouraging people who care to boycott the store as long as it continues to do so. I've looked at pornographic magazines and they don't bother me. Pornography gradually desensitizes the user and interferes with the natural expression of love and affection. They are often addictive, and will affect the way the user relates to others. On a community level, every time you buy a pornographic magazine you encourage the production of more such magazines. Over time, this has a degenerative effect on your community. Freedom of expression Is protected by the First Amendment. It most certainly is. But the Supreme Court has said, and has always held, that obscenity is not protected by the First Amendment. It is not protected expression, any more than libel or slander are. Obscenity is not a First Amendment issue. It is a crime, and most of the traffic in hard core pornography in the country is controlled by organized crime. Who are you to tell me what I can see or read? You are Imposing your morality on me. Nobody can tell you what to see or to read. But the community can tell you what commercial spectacles and literature cannot be sold or distribu- ted to you —if you choose to live in that community. The community sets up standards for itself, and has a right to legislate to protect those standards. Nobody is imposing his morality on anybody. It is only the consensus of the community that determines the standards of public decency. When that consensus is properly manifested in public law, that is community or public morality, not "ours." Racist and Ku Kux Klan materials and activities are another example of the things the community will not accept. If pornography were allowed to flow freely, people would get bored and the problem would take care of Itself. This boredom or satiation theory is invalid. Heavy users of pornography do not get bored. They go deeper and deeper into more and more bizarre forms of it. Pornography is addicting. Remember, every day children are seeing pornography for the first time. Pornography strikes at children in the mails, on newsstands, etc. The porrio Industry Is flourishing and growing, so the American people must want It or simply don't care. Certainly there are some who want it. That's what makes it so profitable. And obviously there are some who don't care. But all surveys show that the majority of Americans are opposed to the traffic in pornography and want it stopped. The majority do care; but they are confused and discouraged in the face of a highly organized industry and the loud prophets of false freedom. t Gary Bishop: Parma —fuel in murder of five boys From death row in the Utah State Prison, convicted child killer Arthur Gary Bishop made the following statement just prior to his execution in 1985. Bishop was executed for murdering five young boys, ages 5 -13. "Pornography is a widespread social problem, so prevalent that many people accept it as normal. During my trial, Dr. Victor Cline testified about the adverse effects of pornography. As I listened to his explanations, I could discern how my own life corresponded to these consequences. He stated that as people become addicted to it, their desires escalate, their normal feelings become desensitized, and they tend to act out what they have seen. "So it was with me. I am a homosexual pedophile convicted of murder, and pornography was a determining factor in my downfall. Somehow I became sexually attracted to young boys, and I would fantasize them naked. I would need pictures that were more explicit and revealing. Some of the material I received was shocking and disgusting at first, but it shortly became commonplace and acceptable. Finding and procuring sexually arousing materials became an obsession. For me, seeing pornography was like lighting a fuse on a stick of dynamite; I became stimulated and had to gratify my urges or explode. I guess I was seeking the love and companionship generated between a man and his wife, but such tender feelings were incapable of being produced under these conditions. My conscience was desensitized, and my sexual appetite entirely controlled my actions. "The day came when I invited a small neighborhood boy into my apartment, molested him, and then killed him in fear of being caught. Over the few year. I kidnapped, sexually abused, and murdered four other young boys. I lost all sense of decency and respect for humanity and life. If pornographic material would have been unavailable to me in my early stages, it is most probable that my sexual activities would not have escalated to the degree they did" Beauty and the beast The February issue of Reader's Digest featured an article by Eugene H. Methvin titled "Beauty and the Beast". Methvin tells the true story of a young teenage girl, her family's pain, her abductor and his connection with pornography. The abductor's involvement with pornography parallels that of serial killer Ted Bundy who was executed in Fiordia last month and killer Arthur Gary Bishop who was executed in Utah in 1985 for murdering five young boys. . Methvin's article revolved around 17- year -old Shari Smith of Columbia, South Carolina who was kidnapped from her own driveway. The man who took her, Larry Gene Bell, was eventually captured. But before Bell, a sadist, murdered Shari he made her write a letter to her family. Methvin described the ensuing events: "The two-page letter, captioned `Last Will and Testament,' was dated June 1, 3:10 a.m., about 13 hours after Shari had been kidnapped Without a single word of self -pity, the teenager poured out her love for her family and words of faith:'I'll be with my Father now, so please don't worry! Don't ever let this ruin your lives, and keep living one day at a time for Jesus. My thoughts will always be with you' Shari closed with words evoking Paul's Epistle to the Romans:'Everything works out for the good of those that love God.' "South Carolina Law Enforcement Division agents sped the letter to the state crime laboratory for fingerprinting and other scientific analysis." Methvin goes on to tell of Bell's next strike. "Exactly two weeks after Shari's kidnapping, nine - year -old Debra Helmick was playing with her little brother outside their parents' house just 24 miles from the Smith home. Their father was inside, barely 20 feet away. A neighbor saw a man get out of his car and speak briefly with the child, a winsome, blue -eyed blonde. Suddenly the man seized her, stuffed her into his car and sped away. The neighbor and Debra's father gave chase but lost him." "....They (the FBI) began drawing a detailed profile of Sharfs killer. His carefully planned phone calls, cruel use of mind games and seemingly mature manner indicated a criminal psychopath and sadist, 28 to 35 years old, who worked and lived in the area. The use of an electronic voice synthesizer —a device not sold in the area, so probably homemade— suggested he had a background in electronics. He likely had an unsuccessful marriage and a prior criminal record for obscene phone calls and assaults on women. He was an obsessive - compulsive personality who would be a habitual note - taker. Close associates would have noticed a weight loss and other changes in his appearance since the kidnap- murder. He probably collected erode literature featuring women in bondage and would have numerous newspaper clippings about the crime." When the FBI finally caught up with Bell it was discovered that he was house sitting for an older couple, Mr. and Mrs. Ellis Sheppard while they were away. The police questioned the couple and searched their home. Wrote Methvin, "Did the man have access to a weapon? Sheppard recalled showing the house -sitter where he kept a loaded .38 pistol. Sheppard looked for the weapon and discovered it missing. He finally found it, jammed and dirty, under the mattress of the bed used by his employee [Bell]. A Hustler magazine, with a cover depicting a blonde In bondage, lay beside the gun." "....One mystery still remained about Larry Gene Bell, however. He had been involved in abnormal sexual incidents since childhood. In 1975, when he was 26, he attempted to force a 19- year-old housewife into his car at knifepoint. "To avoid imprisonment, Bell agreed to undergo psychiatric treatment —which he quit after two visits. Five months later he tried to force a college co-ed into his car at gunpoint. Psychiatrist Gloria Green recommended that he be sent away for a long time, preferably where he could receive treatment. Instead, Bell got a five -year prison sentence. He was released on parole after serving just 21 months. "While on probation, Bell terrorized a ten - year -old girl and her mother with more than 80 obscene phone calls. Caught, he pleaded guilty and got more probation and an order to see a psychiatrist, which he did only briefly. "Today, as Bell waits out appeals in his Death Row cell, he is linked to the disappearance of one other woman and is a suspect in the deaths of three more." Once again pornography, through its degradation of women, had a deadly effect. How many times must the link between pornography and violent and sexual crimes toward women and children be told before the naysayers will believe? AFA JOURNAL March 1989 2 Standing Together Ted Bundy's Destructive Life by Jerry R. Kirk It is tempting to do our best to forget Ted Bundy. Before his execution, he left a two- decade trail of premeditated, sadistic vio- lence. It is a tragic trail —one that includes rape, mutilation and murder. However, this man and the lessons of his life must not be forgotten. In a chilling final interview with Dr. James Dobson, Mr. Bundy discussed at length some of the formative influences in his destructive life. Mr. Bundy told of his early exposure to hard core pornography, stating that the mate- rial had a "crystallizing effect" on his violent tendencies, and his eventual acting out of the fantasies he had seen depicted for so long. Mr. Bundy refers to hard core pornography as "the fuel for my fantasies." It would be easy to depict these conclusions as the eleventh -hour ramblings of a convicted psychopathic murderer were the evidence not so strong. MostAmericans are unaware of a 1985 study of 36 other serial murderers by the FBI. The study noted that 81 percent of those studied said their biggest sexual inter- est was in reading pornography. The words of Gary Arthur Bishop, executed last June for having sodomized and murdered five boys (ages 413) in Utah, are particularly illustrative. "Pornography wasn't the only negative influence in my life, but its effect:on me was devastating. I lost all sense of decency and respect for humanity and life, and I would do anything or take any risk to fulfill my deviant desires." Serial killer Ted Bundy, in his final interview, h before his execution in Florida Like Ted Bundy, Mr. Bishop goes on to describe his progress in the use of pornogra- phy. Starting with addiction to the pornogra- phy, he then escalated to a need for more violent, degrading material, finally resulting in the increased propensity to act out the fan- tasies portrayed. For those who have seen today's hard core pornography, the notion of such destruction is not surprising: The extent of degradation includes the explicit depiction of simulated and real rape, whipping, bondage, torture, urination and bestiality (sex with animals). At a trial in Kansas City a few weeks ago one juror passed out while viewing a bondage film that was before the court When one sees the true content of the hard core world, it's not difficult to believe that dozens of researchers and studies have confirmed its contributing role in the abuse and degradation of women. Ted Bundy, like so many who have gone unnoticed before him, reminds each of us that the time to stand together opposing pornography has come. In most states the laws are already on the books to prosecute this material. While hard core pornography remains readily available on the shelves of "adult" bookstores and so-called "family" video outlets, the Supreme Court has de- clared unequivocally that obscenity is not a protected form of speech. So what lesson can we learn from the death of a serial killer? No longer can any of us re- main ambivalent Each of us must stand up and let our local, state and federal officials know that hard core pornography destroys lives —and that it must be stopped. Ted Bundy also provides a painful reminder of the vital importance of our collective efforts to educate Americans about the devastating harm of hard core pornography. Thank you for your continuing sup- port The world of hard core has already produced enough victims. How many more Bundys or Bishops must tell us of pornography's destructive role? How many more studies must be completed? How many more lives a' must be lost before we say enough? ours It's time that the charade of hard core pornography's innocence ended. THE LINK BMVEEN PORNOGRAPHY AND VIOLENT SEX CRIMES • Pornography teaches that women want to be raped even when they violently protest. For example, in the movie, "Star Virgin', a man and his wife are walling in a garden when two men attack - knocking out the husband and raping the resistant wife. The husband revives and drives off the two assailants, only to be cursed by his wife because she claims he spoiled her pleasure. • Michigan state police found that convicted rapists in prison are 15 times more liken+ than the average citizen to have been exposed to hard core pornography by age 10. • Testimony presented at the 1986 U.S. Attorney General's Commission on Pornography led them to unanimously declare that hard core pornography is a 'manual for rape.' • In Cincinatti where pornographic outlets (adult bookstores) and X -rated theaters were closed, there was an 83%, decrease in major crimes such as rape, robbery and assault over the next five years. • A study by Drs. Donnerstein and Berkowitz at the University of Wisconsin showed that after exposure to violent and hard core pornography, wens' attitudes toward women are likely to be significantly more aggressive. • Michigan State Police found that pornography is directly involved or specifically imitated In 41% of the 38,000 sex crimes they investigated. • Linda Galleiys abductors filmed her repeated rape throughout the night in order to make a pornographic movie. Then they murdered her. (NCAP Report) • In a- 1984 FBI study of 36 serial killers, 29 were attracted to pornography and incorporated it into their sexual activity which included serial rape - murder. m- According to a 1985 FBI study in which convicted serial killers in prison were interviewed, 810 of these killers. reported that their biggest sexual interest was. in riding pornography. W, In studies measuring short -term effects, exposure to violent pornography increases puisfthe behavim toward women. (1985 Surgeon General's Report) • Sexually violent films produce more aggression than do nonsexual - but violent films. (1985 Surgeon General's Report) • Sex offenders (rapists, heterosexual child molesters, homosexual child molesters, and incest offenders) used hard -core pornography much more frequently than did normal males. (Marshall study). • "The present data tends to support suggestions that restrictions be placed upon the availability of pornography. Highly explicit sexual depictions, particularly those depictions involving forcefulness or children, affect the behavior of vulnerable males, although even explicit version of consenting sex between adults appear to negatively affect some sexual offenders.' (Marshall study) ■ Once an individual begins to engage in deviant behavior, he begins to use pornography to sustain his fantasy between crimes. (Abel study) ■ The use of [ pornography] fantasies maintains their deviant arousal over time because deviant fantasy is paired with more orgasm [as they masturbate]. Because they maintain their arousal longer, they are more prone to perpetuate crimes. (Abel study) 2 Citizens of Minneapolis Against Pornography P.O. Box 6112 Minneapolis, MN 55406 THE EFFECTS OF PORNOGRAPHY ON CHILDREN ■ Obscenity is falling into the hands of children who are being warped and injured by what they are seeing. In fact, adolescents are the primary consumer of pornography. (Evidence presented to the 1986 U.S. Commission on Pornography). ■ In a survey of teenagers, 99% of the boys and 9(Wo of the girls said they learned about sex through pomography. ® Hard core pornography is often used by child molesters to convince children that deviant sex acts are normal, thereby breaking down their resistance to sexual advances. Sexually abused children do not tell of their defilement for an average of seven years after it occurs. Many of these children go on to become addicts or abusers themselves. Research conducted by Professor Ann Burgess at the University of Pennsylvania ® After a 4-year old little girl was shown hard -core pornography and then raped at summer camp, was threatened With death if she told and then was cross examined in court for 3 17 days, she said to her father, 'Daddy, you can't protect me anymore, can you." (NCAP report) ® Children and adolescents who participate in the production of pornography experience adverse, enduring effects. (1985 Surgeon General's Report) THE EFFECTS OF NON - VIOLENT PORNOGRAPHY 1984 Zillman and Bryant Study N People who are bored by ordinary pornography develop an appetite for stronger, more bizarre verslona N Use of common pornography changes peoples attitudes about unusual sex practices. N Men and women massively exposed to pornography come to look at rape as reasonably trivial. ® Those exposed to pornography are far less concerned about the harmful effects of-pornography on society than those that had seen no pornography. !: PORNOGRAPHY IS ADDICTIVE, PROGRESSIVE, DESENSITIZES AND INCREASES TENDENCY TO "ACT OUT" VIEWED SEXUAL ACTIVITIES ■ In his research on sex offenders, Dr. Victor Cline of the University of Utah found that offenders, progressed through four stages: addiction to hard core pornography, escalation in the need for more shocking material, desensitization toward initially shoclung material and increased tendency to 'act out' sexual activities seen in pornography. . THE LEM BEINVEEN PORNOGRAPHY, SEXUALLY TRANSMIITTED DISEASE AND AIDS • In 1987, there were 10 million new cases of sexually transmitted diseases. (NCAP Report) • Pornography invites people into a lifestyle that not only results in venereal disease, but promotes behavior that results in death: AIDS • 'Another facilitator of AIDS contagion, in my judgement, is the near - universal presence of hardcore pornographic materials throughout our society." Dr. Victor Cline, clinical psychologist, University of Utah. • The best preventive measure against AIDS is for parents and society to teach sexual abstinence before marriage and lifetime commitment in marriage. Pornography teaches against commitment and faithfulness in marriage, against abstinence, for promiscuity, against morality, against family and against children. 4 Cltlzens of Minneapolis Against Pornography P.O. Box 6112 Minneapoils, MN 55406 MINNESOTA OBSCENITY LAW Section 1 —OR SCENE MATFRTALS AND PERFORMANCES; DISTRTR TTDQN AND EXHIBITION PROHIBITED: PENALTY. Subdivision 1. — Definitions. —For purposes of this section. the following terms have the meanings given thein: a) " Qbsnene" means that the work, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. In order to determine that a work is obscene, the trier of fact must find: i) that the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex; u) that the work depicts sexual conduct specifically defined by clause (b) in a patently-offensive manner; and iii) that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. b) "Sexual conduct" means any of the following: i) An act of sexual intercourse, normal or perverted, actual or simulated, including genital - genital, anal - genital, or oral - genital intercourse, whether between human beings or between a human being and an animal. ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed or who is nude. iii) Masturbation, excretory functions, or lewd exhibitions of the genitals including any explicit, close -up representation of a human genital organ. iv) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. c) "Community" means the political subdivision from which persons properly qualified to serve as jurors in a criminal proceeding are chosen. d) "Work" means "material" or "performance." e) "Material" means abook, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, videotape, script, image, instrument, statue, drawing, or other article. f) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience., Subdivision 2. — CRIME —It is unlawful for a person, knowing or with reason to know its content and character, to: a) exhibit, sell, print, offer to sell, give away, circulate, publish, distribute or attempt to distribute any obscene material; or b) produce, present, participate in, or direct an obscene performance. Subdivision 3. — PENALTY —A person violating subdivision 2 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both. Subdivision 4. — SECOND OR SUBSEQUENT VIOLATIONS— Whoever violates the provisions of subdivision 2 within five years of a previous conviction under that subdivision is guilty of a felony and may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $10,000, or both. Section 2. — EFFECTIVE DATE — Section 1 is effective June 1, 1988, and applies to crimes committed on or after that date. ORDINANCE NO. 1001 An Ordinance Defining Certain Misdemeanors and Prescribing a Penalty. Section 1. Violation a Misdemeanor. The violation of any of the sections or subsections of this ordinance by any person shall be deemed a misdemeanor and shall be punished by a fine of not more than $300 or by imprisonment in the Village or County jail for not more than 90 days, together with the costs of prosecution in either case. The violation of each section or subsection hereof shall be deemed a separate violation, each to be deemed a separate misdemeanor. Sec. 2. Conduct or Acts Forbidden. Certain provisions of iVlinnesota Statutes, Chapter 609, defining certain crimes, are hereby incorporated herein by reference to the same extent as if fully set forth herein, and each of the crimes defined in those sections of said Code which are enumerated below is hereby declared to be a misdemeanor, the provisions so incorporated herein being as follows: Crimes Against the Person. Section 609.22 - assault. Crimes Against the Government. Section 609.40 - improper use or desecration of the flag. Crimes Affecting Public Officer or Employee. Section 609.47 - interference with property in official custody. Section 609.475 - impersonating officer. Crimes Against the Administration of Justice. Section 609.485 - escape or aiding in escape from custody. Section 609.495 - aiding offender to avoid or escape from arrest, trial, conviction or punishment. Section 609.50 - obstructing legal process or arrest. Section 609.505 - falsely reporting crime. Theft and Related Crimes. Section 609.52 - acts constituting theft. Section 609.53 - receiving stolen property. Section 609.535 - issuance of worthless check. Section 609.545 - misusing credit card to secure services. Section 609.55 - unauthorized use of motor vehicle. Damage or Trespass to Property. Section 609.575 - negligent fires. Section 609.595 - damage to property. Section 609.60 - dangerous trespasses and other acts. Section 609.605 - trespasses and other acts. Crimes Against Public Safety and Health. Section 609.66 - use, manufacture, sale, furnishing or possessing dangerous weapons. Section 609.665 - spring guns, pit falls, etc. Section 609.675 - exposure of unused refrigerator or container to children. Section 609.68 - unlawful deposit of aarbaae, litter, or the like. Section 609.685 - use of tobacco by children and furnish ing tobacco to children. 187 Public Misconduct or Nuisance. Section 609.705 - unlawful assembly. Section 609.71 - riot. Section 609.715 - presence at unlawful assembly. Section 609.72 - disorderly conduct. Section 609.725 - vagrancy. . Section 609.735 - concealing identity. Gambling. Section 609.75 - gambling. Section 609.755 and 609.76 -acts relating to gambling. Crimes Relating to Communications. Section 609.78 - failure to release telephone party line in emergency. Sec. 3. Other Conduct or Acts Forbidden. The following sections of Minnesota Statutes defining certain crimes are hereby incorporated herein by reference to the same extent as if fully set forth herein, and each of the crimes defined therein is hereby declared to constitute a misdemeanor, as follows: Section 613.55 - refusing to make arrest or to aid officer. Section 616.39 - itinerant carnivals. Section 616.06 - sale of unwholesome poultry or game. Section 616.20 - exposing person with contagious disease. Section 616.17 - disposition of carcasses. Section 616.11 - careless distribution of drugs. Section 616.10 - common drinking cup in public places:' Section 617.23 - indecent exposure. Section 617.30 - disorderly house. Section 617.16 - fornication. Section 617.241 - obscene literature. Section 620.52 - false statement in advertising. .Section 620.55 - using false weights and measures. Section 327.07 and 327.08 - obtaining food, lodging or other accommodations without payment, with intent to defraud. Section 614.42 - overworking or mistreating animals. Section 614.50 - aiding or abetting animals in fighting. Section 614.47 - selling diseased animals, or allowing them to run at large. Section 340.96 - drunkenness. Section 614.35 - improper use of insignia. Section 616.433 through 616.438 - prohibition upon sale and use of fireworks. Sec. 4. Compromising Prosecution. No person who 'h::s made a legal complaint against any other person before;: ci municipal judge of the county. for the violation of any o0i . nance of the Village may settle or compromise the same aft,t,r said complaint has been filed and before trial of such car, without permission of such judge. Sec. 5. Loitering; Trespassing on Railroad Premises. ,N„ person shall be found lurking, lying in wait or concealed in and, house or other building, or in any yard, premises, stree;„ avenue, park or parkway, with intent to do any mischief, or, pilfer or to commit any crime or misdemeanor whatever, u; 617.241 OBSCENE MATERIALS; DISTRIBUTION PROHIBITED; PENALTY. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them: (a) "Obscene" means that the work, taken as a whole, appeals to the prurient interest in sex of the average person, which portrays patently offensive sexual conduct and which, taken as a whole, does not have serious literary; artistic, political, or scientific value. In order to determine that a work is obscene, the trier of fact must find: (i) that the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex of the average person; (ii) that the work depicts patently offensive sexual conduct specifically defined by clause (b); and (iii) that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. (b) "Patently offensive sexual conduct" includes any of the following depicted sexual conduct: (i) An act of sexual intercourse, normal or perverted, actual or simulated, includ- ing genital - genital, anal- genital, or oral - genital intercourse, whether between human beings or between a human being and an animal. (ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed. (iii) Masturbation or lewd exhibitions of the genitals including anv explicit, close - up representation of a human genital organ. (iv) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act Cmmunity- sexual stimulation or gratification. (c) " means the political subdivision from which persons properly qualified jurors in a civil proceeding are chosen. Subd. 2. Crime. It is unlawful for any person knowingly to exhibit, sell, print, offer to sell, give away, circulate, publish, distribute, or attempt to distribute any obscene book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, play, image, instrument, statue, drawing, or other article which is obscene. Subd. 3. Penalty. Any person violating any provision of this section shall be fined up to $10,000 for the first offense and up to $20,000 for the second or a subsequent offense. History: 1961 c 664 s 1; 1982 c 604 s 1; 1983 c 204 s 9. 1984 c 628 art 3 s 11 rb , �, .. VII. A. MINUTES TRAFFIC SAFETY COMMITTEE APRIL 11, 1989 9:00 A.M. MEMBERS PRESENT: Fran Hoffman, Chairman Gordon Hughes Craig Swanson Bob Sherman MEMBERS ABSENT: Alison Fuhr OTHERS PRESENT: Ms. Ms. Mr. Ms. Mr. Ms. Mr. Ms. Mr. Ms. Ms. Ms. Ms. Cap Ms. SECTION A Donna Solberg, 5504 Valley Lane Barbara Eller, 5513 Valley Lane Robert Eller, 5513 Valley Lane Darcy Schnetzer, 7300 Glouchester Drive Bob Schnitzer, 7300 Glouchester Drive Pat Shideman, 7307 Glouchester Drive Carl Nelson, 5408 Valley Lane Bea Grande, 5250 Vernon Avenue Olaf Juhl, 5250 Vernon Avenue Lillian Lund, 5250 Vernon Avenue Lois Smith, 5250 Vernon Avenue LaVerne Willman, 5250 Vernon Avenue Betty Kazek, 5250 Vernon Avenue tain Leonard Kleven, Edina Police Department Joan Waterstreet, Edina Police Department Requests on which the Committee recommends approval as request or modified, and the Council's authorization of recommended action. 1. Discuss proposed changes in parking regulations at 50th and France Municipal Parking Ramps. Request received from Traffic Safety Committee members. ACTION TAKEN: Mr. Hughes reviewed what had been discussed at a meeting that he and Captain Kleven had attended this week with the Edina Business and Professional Organization. TRAFFIC SAFETY COMMITTEE MINUTES April 11, 1989 Page 2 In summary, there were two changes discussed, which are as follows: a. The top two levels of the West 51st Street Ramp have been added to the designated employee parking area. b. The Organization would like to change the hours of enforcement to more directly coincide with actual business hours. They proposed changing the hours of enforcement to Monday through Saturday, 8 AM to 6 PM. This shortens the enforcement period by 2 hours in the evening. Mr. Hughes also stated that there was discussion to change the hourly restrictions from one and three hour parking to two and four hour parking, respectively. A decision was not reached, however, and the restrictions remain at one and three hours at this time. Mr. Hughes moved to change the City Ordinance by resolution to reflect the new hours of enforcement. Monday through Saturday. 8 AM to 6 PM. Mr. Sherman seconded the motion. Motion carried 4 -0. SECTION B Requests on which the Committee recommends denial of request. 1. Request to upgrade the intersection of Valley Lane and Limerick Lane to a 3 -way "STOP ". Continued from March, 1989 Traffic Safety Committee Meeting. ACTION TAKEN: Mr. Bob Eller, acting as spokesperson for the residents, explained that the concern is for residents trying to back out of their drive- ways onto Valley Lane. There are now many full grown pine trees and shrubs in the immediate area that do not allow for easy visibility. This, combined with traffic approaching eastbound around a curvature in the roadway, makes it dangerous for these residents to exit their driveways. Captain Kleven reviewed the accident statistics to date which showed one accident in 1983 and one in 1987, both the result of eastbound drivers crossing over the center line. Mr. Hoffman asked what consideration the residents of the immediate area may have made regarding visibility problems. He stated that, in all honesty, he could find no circumstances that were unique to this area of Edina that would warrant additional placement of "STOP" TRAFFIC SAFETY COMMITTEE MINUTES April 11, 1989 Page 3 signs. He was told that the residents whose trees most obscured vision could not be at today's meeting. The idea of possibly assigning the Traffic Enforcement Unit to the area was brought up by Mr. Hughes. He was told by Captain Kleven that the Unit was not presently assigned to this area, but had been assigned in the past. They observed that several driver's were using Valley Lane to bypass congested areas such as Crosstown 62 during evening rush hour . Mr. Hughes moved that the request for 3 -way "STOP" sign be denied, that the matter be referred to the Traffic Enforcement Unit for study and that the residents consider trimming trees and shrubs which may impair vision to the street. Mr. Sherman seconded the motion. Motion carried 4 -0. 2. Request for pedestrian crosswalk on Vernon Avenue at Link Road. Petition recieved from numerous residents at Vernon Terrace, 5250 Vernon Avenue. ACTION TAKEN: Mr. Hoffman began by explaining that although Vernon Avenue is a County Road, the City is responsible for painting crosswalks pending County approval. He also reminded those present that a traffic signal is scheduled to be installed at the entrance to Vernon Terrace. The tentative schedule for start of construction is the first of July if the City receives right of way approval from Super America. Mr. Olaf Juhl, a 90- year -old resident of Vernon Terrace, stated that he has no means to cross Vernon Avenue safely at present. He relies on relatives and friends for rides just to the other side of Vernon Avenue. Mr. Hoffman asked if Vernon Terrace still had their shuttle bus service and was told that although that service was still running, it was.by scheduled route and only twice per week. Mr. Hoffman also expressed the concern that even with a traffic signal and perhaps a painted crosswalk, the signal "WALK" sequence might be too short to allow adequate time for elderly residents to cross. He encouraged the complex to continue the shuttle service. Mr. Swanson stated that the Police Department has closely reviewed Vernon Avenue for several years now. There are clearly a great number of speeders in the area of Vernon Terrace. This, he feels, is partly due to the fact that the area in which to reduce speed from the 40 mph zone to 30 mph is quite short for eastbound traffic. Conversely, most vehicles traveling westbound are aware that they are approaching a 40 mph limit in a short distance and, thus, accelerate in this same area. Enforcement efforts have not been very successful. He also feels that drivers in Minnesota do not have nearly the respect for painted cross- walks as in other areas of the country, and therefore would not favor the installation of such a crosswalk until the traffic signal had also been installed. Mr. Bob Sherman moved to denv the crosswalk across Vernon Avenue from the Vernon Terrace complex until installation of the traffic signal. Mr. Swanson moved to amend this motion to include that the En ig neer- ine Department also coordinate with the Countv to assure adequate "WALK" sequence in consideration of elderly pedestrians. Mr. Hoffman seconded the motion. Motion carried 4 -0. SECTION C Requests which are deferred to a later date or referred to others. (1) Unscheduled request for "SLOW - CHILDREN" signs and traffic monitor- ing on Glouchester Drive. Request received from B. Schnitzer, 7300 Glouchester Drive, and J.R. Shideman, 7307 Glouchester Drive. ACTION TAKEN: Mr. Bob Schnitzer brought in to the Committee a letter which had been circulated on Glouchester Drive the first week of April. This letter was written by Mr. and Mrs. Schnitzer and Dr. and Mrs. Shideman and outlined their concerns; those being many more young children now living on Glouchester Drive and the increased number of speeders on that street. They feel that the grade of the hill on Glouchester, the fact that there are no cross streets, and the length of nearly two blocks all are factors resulting in increased speed. They also believe that the worst offenders are local and not thru traffic, and that is why the letter was sent around the neighborhood... to make these same people more aware. Captain Kleven reviewed accident history which showed just one hit and run property damage accident in 1985. He also stated that the volumes on Glouchester Drive are relatively and, therefore, noted offenders could be handled on a one by one basis. He suggested that those pre- sent call the Police Department with any information they might have at the time a particular offense is witnessed and the Police would in turn contact the offenders. In regards to the "SLOW - CHILDREN" signs, Mr. Hoffman explained -that the City removed 289 of these signs in 1973. Based on the assumption that there are children on virtually every street in Edina and no one noticed the removal of the "SLOW - CHILDREN" signs points up the in- TRAFFIC SAFETY COMMITTEE MINUTES April 11, 1989 Page 5 effective nature of the signs. However, the City does sign "DEAF CHILD" areas.. Mr. Swanson suggested capitalizing on the circulation of the letter and adding visibility of a marked Police unit in the area to help get the message across to the neighborhood. He also suggested involvement of the Traffic Enforcement Unit should a survey warrant the need. Mr. Swanson moved to continue this item for until May and in the interim conduct speed surveys on Glouchester Drive with a marked police unit. Mr. Hughes seconded the motion. Motion carried 4 -0. Meeting was adjourned. EDINA TRAFFIC SAFETY COMMITTEE o e 7, to En �o \N�RPOM,�v� IBBB REPORT /RECOMMENDATION To: Ken Ros 1 and From: Janet Chandler and The Recycling Commission Date: April 14, 1989 Subject: Recycling Proposals Agenda Item # v I I • o • Consent ❑ Information Only ❑ Mgr. Recommends [] To HRA 0 To Council Action. 0 Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Motion to approve the following: 1. Select BFI and Waste Management for final contract consideration. .2. Schedule further staff discussions with these two contractors. 3. Select contractor and program options at May 1 Council meeting. Also, Staff requests direction from Council regarding the level(s) of service to be considered. Info /Background: Attachments: Report from Staff and Recycling Commission Comparison charts Letter to Mayor Richards from Edina resident Proposals (four) ' RECYCLING PROPOSALS REPORT FROM STAFF AND THE RECYCLING COMMISSION In seeking a city -wide recycling contractor, the City has used the Request for Proposal process rather than the more familiar bid process. Cities may use this process when contracting for a service, the advantage being the opportunity to negotiate on costs and service options in order to obtain the most desirable service package. PROPOSAL COMPARISON CHART The enclosed proposal comparison chart presents an overview of the various points outlined in the proposals. Additional information was obtained from the recycling contractors during meetings with the Recycling Commission on April 12. Information on contractors' service records was obtained by contacting the cities which they serve. CHOICE OF CONTRACTOR The Staff and Recycling Commission recommend that two proposers, BFI and Waste Management, be selected for further consideration for reasons of cost, service, and lead time required for start -up. Super Cycle, with the highest contract cost and longest lead time should be dropped from consideration. Ery Wachman and Sons, although the lowest in cost, have no experience in residential recycling and did not respond to our invitation to meet with the Recycling Commission. Therefore, the recommendation is that they be excluded from further consideration. CONTAINERS The Recycling Commission, at the April 7th meeting, passed the following motion: "The Recycling Commission strongly suggests that Edina not start the new recycling program without containers." RECOMMENDED ACTION Motion to approve the following: 1. Select BFI and Waste Management for final contract consideration. 2. Schedule further staff discussions with these two contractors. 3. Select contractor and program options at May 1 Council meeting. Also, direction from Council regarding level(s) of service to be considered. Proposed �endor Services ...... . ...... . .. .... ......... M. t. I a eria s::::.::. . ................. . . .. ......... newsprint, glass Recycled cans, corrugated ...... ..... ..... ...... . ... ..... ... ... ....... . . .... .... .. Add plastic ASAP .:.Promotion . . ..... ... ......... . ... ..... .. ..... > Would provide . . ... ........ .. ... ....... roc urei�::...... ... . ...... b h .. .... . .. . ... ... ..... .. ........ ....... ... . . ..... ... ......... . ....... ... ..... 1. ..... . . .... . .. ....... .. . .... ... . .. . ...... Excellent Record:.-...... . .... Cooperative In meeting in Metro Arew. city's requests. New programs off to a good start National Corporation Recycling Service for 58 cities, 15 in MN, including Robbinsdale Shakopee, Columbia Heights Lo Dal Recycling Trucks Have processing center will add another newsprint, glass cans, corrugated Add plastic ASAP No foil Would provi, wa.... Excellent Cooperative in meeting city's requests. New programs off to a good start. Founded In 1986, Minnesota's largest recycler. 31 cities in Metro area St. Louis Park, Plymouth Mpls. & St. Paul Custom designed Recycling Trucks Have processing center & portable center Would provide.a N mailed, $6,500::.... Good Plans to add trucks and drivers to improve service. .. . .. .. ..... .. .. . . . ............ . .. ... ..... . . . . . ....... . .. .............. ....... .... ... ....... ... ............ ... .......... .................... I. ... ......... No experience In residential recycling newsprint, glass cans, corrugated and plastics ......... . Wduld:fttribute flyers:7 place ads in Edina Sun..:. .. ... ..... . ...... .. . . . .............. . No Recycling Experience - Monthly Costs by Level of Service Provided . I ... ... I ... . ... ... - ,.-I.I...... .....,........,..",".,.,�...."..I �� .....,......�.............................� ......... :: I. :::: ......................�...........................''. .. . .... ............. :��::�:�::::::::: ............ 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I I -......... : -., ..... . .- ................,.......,....... .,.. . ,." ..."....."............1.1" ........ -,,-",..........Y�. � ,i ''...-I.-1:1i i:ii:.: W::::....:�-:.i,:" :i::.:::,::�� 7:1::::.:::::::.T�:::::..B.',.'.'.'.**.�::: .. ... . .......".,.....................,.,..........., .-I � 7:.:::::::.:.::::::.:.::::::::::: . ........ Option: A computerized barcode and scanner systems can be used to record participation. One system that's available costs approximately $6,000 for the software, plus $1,800 for each scanner unit. One unit is needed for each collection vehicle. . , , " * , , �'- -.... -.--- -1 .. '"" ..... '"" .... .... ­­ '­ .... .... ... * ... .... .'.'.*.* .... I.....' 1--f - ... ----.-- .---.-- ...... '...... * Container cost varies according to type of container. I t The RFP stated that a cost could be added for every ton over a base amount of 275 ions /month. NOTE: Hennepin County funding would reduce these collection costs by 80%, and cover $67,500 of the container cost. 5204 Halifax Avenue South Edina, Minnesota 55424 March 27, 1989 The Honorable Frederick S. Richards Mayor of Edina Edina City Hall 4801 West 50th Street Edina, MN 55424 My dear Mr. Richards: During the mid 1960's the League of Women Voters studied the problem of waste:- material disposal. The result was the recycling center near Vernon Avenue. All citizens of Edina will not take their recyclable materials to a center. .Existing sanitation companies have had twenty years to purchase equipment to collect various types of materials at one time, which would have been the ideal solution. It is important for the city council members to pass an ordinance accepting the pro- posal of -a well equipped sanitation company Since the present sanitation companies will soon be charged double for dumping refuse, which will eventually be paid by Edina citizens, this is the opportune time to easily enforce an ordinance to pick up re- cyclable materials. My sanitation company has a fee- for two trash cans at $12.00 a week, or unlimited pick up for $14.00 a week. If citizens use the recycling pick up, the sanitation companies will have half the refuse to collect. Therefore the sanitation companies should not increase their rates. Sanitation Companies should be more precise in a charge $ X for 2 garbage cans /plastic bags $ X for 4 garbage cans /plastic bags $ X for 6 garbage cans /plastic bags Each home could have official identifying stickers on garbage containers. Then the sanitation man could more easily decide how many containers to empty. Since Edina families do not desire curb side pick up, their containers could be left in the drive way near the garages. Then the service man could easily see them from the street to facilitate the pick up. In my opinion if the citizens are made aware of the above facts, most will be agreeable to the proposed ordinances awaiting the city council members approval. Sincerely yours, Mrs. Charles J. Balogh Charles J. /alogh � I 1 r It lip allow Au $ o� VIEW ' /� n 1� ► w� Q all+.`► . ►..ate w r "� y -im.1i - m casm�_ µ+asJR Fvw'v.�irAS,zD,�w.11 -__ __-- -_sue __X -- _� - _ -- �-- _---- ---___ - ------------- ft a3kffl� I .' . t .' 0 IWON Md , L incorporated IF i Providng collection, I marketing processIng and ofrecyclables 775 Rice Street, St. Paul, MN 55117 (612) 224-5081 printed on recycled poper 4k 16. 16 • .-P vw —A 17 It . l 41 ol in � 0-0i I 01--l- ob 1, r r PROPOSAL TO PROVIDE COLLECTION, PROCESSING AND MARKETING OF RECYCLABLES FOR THE CITY OF EDINA A. Corporate Background and Experience Super Cycle is in the business of collecting, processing and marketing recyclable materials. We provide service to both the public sector and the private sector through extensive curbside, multi -unit housing and commercial recycling services. Currently, Super Cycle collects, processes and markets over 2400 tons of recyclable materials each month. these materials, include newsprint, corrugated cardboard, office grade paper,?_ food and beverage cans, scrap metals, various plastics and package glass. We serve 31 communities, over 175 multi - unit structures and over 50 commercial businesses. On curbside alone we serve over 400,000 households in the metropolitan area. Super Cycle operates the Ramsey County Recycling Center for Ramsey County. At this facility we do the majority of our materials processing, base our vehicle fleet and have located our corporate headquarters. In addition, we operate a ? portable materials processing facility in north Minneapolis I_ and a part time transfer station in Plymouth. Super Cycle was founded in 1986 and is a wholly owned subsidiary of Northstar Universal, a St. Louis Park based holding company comprised of 16 companies. Northstar Universal has annual revenues of approximately $300 million and net assets of approximately $100 million. Super Cycle has access to a well capitalized parent company which has made a significant commitment to recycling and the successful operation of the Super Cycle. Super Cycle is the Midwest's largest recycler and the most experienced in dealing with the unique collection and marketing issues in the Midwest. For example, we know how to market newsprint when the export markets are not readily available. Also, we are familiar with how to collect recyclables in extreme winter conditions. Particular to the City of Edina, our vehicles were designed to operate in narrow alleys and to navigate the "T" alleys. In terms of supporting the City's recycling program in the future, we I have experience in performing "recycling verification" and also have experience in the curbside collection of plastics. r i t r i i i i Client List Arden Hills Coon Rapids Crystal Deephaven Falcon Heights Fridley Gem Lake Golden Valley Greenwood Hopkins Lauderdale Little Canada Minnetonka. Beach Minneapolis Minnetrista Mound Moundsview New Brighton Plymouth Richfield Roseville St. Louis Park St. Paul Shoreview Shorewood Spring Park Spring Lake Park Tonka Bay Wayzata Woodland References City of Minneapolis Mr. Martin Kroening 348 -2402 r City of St. Paul Neighborhood Energy Consortium Ms. Mary T'Kach 644 -5436 City of Plymouth Mr. Dick Pouliat 559 -2800 City of St. Louis Park Mr. Wally Wysopal 924 -2554 City of Golden Valley Ms. Julie Mullin 593 -8119 B. Description of the collection vehicle and fleet Super Cycle now runs a fleet of over 40 vehicles, of which 31 are collection vehicles. Our collection vehicles were custom designed for Super Cycle's use. As referenced earlier the vehicles are narrow enough to freely navigate narrow city alleys and "T" alleys. The collection vehicles are a combination of truck and trailer carrying 7 bins with an aggregate capacity of 19 cubic yards. Our vehicles accommodate a payload of approximately 7,500 pounds. The Truck is based on a Ford E350 chassis. Our vehicles were not designed to accommodate the collection of recyclables and garbage at the same time. A picture of our collection vehicle is enclosed in this proposal. We have scheduled for delivery from Ford Motor a total of 10 collection vehicles in the month of April 1989. The first five vehicles will be delivered on April 17. An additional 5 vehicles will be delivered during the first week of May. The truck modifications, bins and trailers have already been completed. The addition of these 15 vehicles to our fleet I will provide sufficient capacity to absorb our beginning to provide curbside service to the City of Minnetonka on May 1, absorb anticipated growth from existing clients, and serve the City of Edina. Super Cycle has an additional 15 vehicles on order from Ford that are scheduled for delivery in August. These additional vehicles will be used to support the anticipated rapid growth of existing clients in late summer and early fall 1989. r C. Other Services Super Cycle is prepared to provide the City a variety of additional services to complement the existing recycling program. Some of these services will result in an additional i. fee over that stated in the accompanying fee proposal sheet. School Recycling In a number of cities we service we assist the city in providing recycling services to the schools. This service is'customarily incorporated in to a school curriculum educating children on recycling. Super Cycle's proposal includes providing recycling services to up to 10 schools without charge. Multi Unit Housing Recycling Super Cycle provides recycling services to over 175 multi unit housing structures at this time. We are in the process of implementing city funded multi unit recycling programs in St. Paul, Roseville and Golden Valley. Household Battery Collection Recently Super Cycle completed a very successful household battery collection in Golden Valley and will be doing another in June 1989. We welcome the opportunity to perform similar collections in other cities provided the county will assume responsibility for the disposal of the collected batteries. Plastic Recvclina Super Cycle currently collects plastic 1 bottles and jars at the curbside in St. Louis Park and at drop sites in Plymouth, Coon Rapids, Minnetonka and St. Paul. We are preparing to collect plastics at the curbside in all I of our client cities, if they wish this service, by September 1989. D.Promotional assistance Super Cycle welcomes the opportunity to assist the City of Edina in communicating and promoting the new recycling program. We have in the past assisted a number of cities in designing and producing their resident education /program promotion materials We believe in a phased communication program using a number of media (i.e. local newspapers, brochures, articles in city publications, promotion to kids in the schools, videos on the local cable channels, speaking to local clubs and service organizations). Your communication program should build to a peak at the time of the first collection and then continue with a periodic update regarding how the residents and the program are doing. Annually the residents should receive education materials reinforcing the recycling habit and clarifying problem areas. Important components of the ongoing communication program are the collection drivers, the resident education tags the drivers leave in the event of improperly prepared or non - recyclable items being set out and the recycling container. Collection drivers have a surprisingly large amount of interaction with residents. This is why we are particularly careful about our drivers appearance, attitude, ability to communicate effectively and their knowledge of recycling. Used properly the resident education tag can be very effective as a communication device. The tag is an opportunity for the driver to give specific instruction to a resident. Lastly, the recycling container.is a very effective promotional tool. We have found significant increases in program participation resulting from the introduction of recycling containers. Super Cycle proposes that all resident inquiries and calls regarding missed collections be directed to us. A local exchange telephone number can be installed allowing residents to dial an Edina area number but have the call answered by Super Cycle personnel. Super Cycle will log all calls received as well as the actions taken and provide this log to the City on a monthly basis. Super Cycle's involvement in the communication of the City's program could range from simply providing the resident education brochure and tag to coordination of the entire Program. We envision the extent of our involvement being determined during the negotiation of the service agreement. r 1 E. Point'of collection Super Cycle understands the purpose for the ordinance r specifying where the recyclables can be placed. As is i demonstrated in the fee section of this proposal, requiring the recyclables be out of sight is very expensive. Unlike garbage collection residents do not place recyclables out each week. Typically one half of the houses have recyclables out each week. By requiring the collector to go into the garage or backyard to determine if recyclables are out you are doubling the number of stops a driver has to make while not increasing tonnages. The collection of recyclables under 1 ordinance #711 is very comparable to garbage collection and the costs are comparable if you remove the tipping fee from the garbage hauling costs for comparison purposes. An alternative that was presented was to have the recyclables near the garage but in plain view. This will increase productivity but does not comply with the spirit of the ordinance. One option for consideration is to have the materials kept out of sight but provide each residence with a sign (8 "X11 ") that would be displayed in a- common conspicuous place by all homes to indicate that recyclables are set out for collection. r FEE PROPOSAL THE COLLECTION, PROCESSING AND MARKETING OF RECYCLABLES A. Conditions of this proposal (1) The contract will have a termination date of December 31, 1991. (2) The contract can be terminated by the City or by Super Cycle if either party is in breach of the contract and fails to remedy the breach within 30 days after written notice of the breach. The contract can also be terminated by either party without breach upon 120 days written notice. (3) The contractor will be allowed 12 "complete weeks from the date the contract is awarded to the date the service is to begin. (4) Service will be provided on a three day (Tuesday, Wednesday, Friday) basis if collection is to occur at or near.the garage and over two days (Wednesday and Friday) if collection is to occur at the curbside. In the event of holidays or cancellation due to bad weather the day's collection is foregone and collected on the next regularly scheduled collection day. A. Basic Fee Proposal L(1) Service in compliance with ordinance #711 Monthly base fee of $102,095.00 and $79.68 per f ton for each ton over 275 tons per month (2) Service at or near the garage but with the materials in plain view or with a recycling sign properly displayed Monthly base fee of $51,095.00 and $159.58 per ton for each ton over 275 tons per month (3) Service at the curbside i Monthly base fee of $25,550.00 and $79.68 per ton for each ton over 275 tons per month B. Surcharge Items The collection of plastic bottles The monthly base fee will increase by $2,200.00, if collected ( at the curbside and by $41000.00 if collected at the garage. The rate per ton for all tons over 275 will increase by $9.00 if collected at the curb and by $16.00 if collected at the garage. Drop site servicing Super Cycle will provide 5 roll off bins each having 12 yard capacity to contain recyclables at the drop site. On an as needed basis Super Cycle will remove a full bin and replace it with an empty one at a fee of $60.00 per bin exchange. Multi -unit housing Structures Super Cycle will provide recycling services to multi -unit housing structures in the City. This service includes providing holding containers, site signage, resident education materials and weekly collection at the site. For this service Super Cycle charges a Base fee per site of $22.50 per month plus $1.35 per unit per month. Holding containers are provided at a fee of $3.25 per container per month and there is typically 6 containers per site. I-. C. Implementation Assistance Home recycling containers Super Cycle will provide every single family and duplex residence with a rectangular recycling container at a cost of $119,000.00, including delivery to the residence. Upon delivery to the residence the containers would become the property of the City. Replacement containers will be provided I at a cost per container of $8.50. Communication assistance Resident education Brochure Super cycle will draft, print and distribute a i_ comprehensive resident education brochure for the City of L Edina at a cost of $6,500.00. Additional communication support can be provided at a negotiated fee. i I BFI RECYCLING SYSTEMS PROPOSAL TO PROVIDE RECYCLING SERVICES FOR EDINA, MINNESOTA MARCH 31, 1989 Ca ® 5te Systems T.M. BROWNING- FERRIS INDUSTRIES i r ` Recycled paper 1 r V4# 0 Recycling Systems BROWNING - FERRIS INDUSTRIES Minneapolis District March 31, 1989 1 Ms. Janet Chandler Recycling Coordinator City of Edina 4801 West 50th Street Edina, Minnesota Dear Ms. Chandler: BFI Recycling Systems of Minnesota, Inc. is pleased to submit the following proposal to provide recycling services to the City of Edina. I am confident that after examining the proposal, you will agree that BFI Recycling Systems of Minnesota, Inc. can provide the high quality service that Edina demands in the most cost effective manner. I look forward to the opportunity to discuss this proposal with you. Sincerely, ore John Moreland District Manager JM /lpw 8661 RENDOVA STREET •CIRCLE PINES, MINNESOTA 55014 • (812) 784 -3262 1 COMPANY OVERVIEW BFI Recycling Systems of Minnesota, Inc. is a wholly owned subsidiary of Browning- Ferris Industries, Inc. BFI Recycling Systems of Minnesota, Inc. maintains offices at 9813 Flying Cloud Drive, Eden Prairie, Minnesota 55347. Browning- Ferris Industries, Inc. (BFI), the parent company of BFI Recycling Systems of Minnesota, Inc., has rapidly grown into one of the largest publicly -held companies in the waste services industry. The company maintains its corporate headquarters at the Browning- Ferris Building, 757 N. Eldridge at Memorial, Houston, Texas 77079. BFI and its subsidiaries and affiliates employ some 18,200 persons in 300 operating locations in the United States, Canada, Kuwait, Puerto Rico, Saudi Arabia, Spain, Venezuela, United Kingdom, Australia and the Netherlands. BFI's primary business is the collection and disposal of solid waste for 1 residential, municipal, commercial and industrial customers. Worldwide the company has approximately 4.3 million residential accounts, 500 municipal contracts and over 490,000 commercial accounts. BFI owns and /or operates 89 sanitary landfills where it annually disposes of more than 23 million tons of solid waste. The company is-also engaged in municipal and commercial sweep- ing, recycling 'services, transfer station services, hospital waste services, portable restroom services and is active in the waste -to- energy field. i BFI is at the forefront in the handling, treatment and disposal of chemical and hazardous wastes. Through a subsidiary, CECOS International, the company operates 8 facilities in 7 locations for the treatment, transfer or disposal of liquid industrial or chemical wastes. As of September 30, 1987, the end of fiscal 1981, the company had total assets - of $1.9 billion and produced a net profit of $172 million on sales of $1.7 billion. As a leader in the solid waste industry in North America and the world, Browning- Ferris Industries, Inc. (BFI) has the experience and resources to help Minneapolis polls fulfill its solid waste recycling needs now and into the future. BFI's commitment to recycling and resource recovery extends into all levels of resource recovery technology.- Currently, our projects include the "high tech" 2,100 TPD resource recovery facility in Hempstead, New York and the innovative "Recyclery" in San Jose, California, a unique integrated recycling facility which combines the recovery for secondary materials, composting, wood fuel production, a public recycling and buy -back center, education center and landfill operation for those materials unable to be processed or recovered. Our experience in the curbside collection of recyclables ranges from the 63,000 homes being serviced under the Edmonton, Alberta contract, to the 9,200 contract with Blaine Minnesota. We have the ability to evaluate the needs of a municipality and "tailor make" a program to satisfy those needs. Due to our financial strength and outstanding performance record in the solid waste industry, Brown ing- Ferris�Industries, Inc. is able to meet virtually any bid or performance bond requirement set by a municipality. Bonds are provided to BFI through the Federal Insurance Company, a member of the Chubb Group of Insurance Companies. Federal Insurance Company is rated "A +" in the Best Ratings guide. CURRENT RECYCLING ACTIVITIES Corporate Total January 30, 1989 Curbside Collection Hennepin Recycling Group (HRG) New Hope Crystal 5,200 Units Brooklyn Center 7,500 Units Edmonton, Alberta 9,300 Units 63,000 Units Burlingame, CA Belmont, CA 7,895 Units San Carlos, CA 6,805 Units San Mateo, CA 9,012 Units Foster City, CA 29,409 Units Redwood City, CA 6,365 Units Hillsborough, CA 16,506 Units Pasadena, CA 3,464 Units Broward County, FL 1,200 Units 5,031 Units Gainesville, FL Jacksonville, FL 35,000 Units St. John's County, FL 7,050 Units 3,000 Units Bloomingdale, IL South Barrington, IL 1,200 Units Mt. Prospect, IL 700 Units 1,000 Units Acadia Parish, LA Breaux Bridge, LA 20,000 Units Scott, LA 2,280 Units Duson,•LA .1,300 Units Youngsville, LA 600 Units Blaine, MN 475 Units Guklderland, NY 9,200 Units Rotterdam, NY Subscription 1,400 Units 2,300 Units Clifton Park, NY Glenville, NY Subscription Subscription 5,000 Units E. Greenbush, NY Subscription 2,300 Units 1,000 Units Nifkayuna, NY Subscription 300 Units Franklin Lakes, NJ Ramsey, NJ 3,000 Units Wallington, NJ 4,000 Units Wyckoff, NJ 2,300 Units Williamsburg, VA 4,565 Units 2,105 Units Total 280,822 Units BFI ,.RECYCLING SYSTEMS References - Curbside Collection Programs Gainesville, FL-. 6,500 homes 1st curbside recycling program in the state Phil Smith (904) 3'74 -2239 _ or Carl Smart (904) 374 -2215 Franklin Lakes, NJ 3,000 homes Frank DeRosa (201) 891 -0048 Lafayette Parish, LA 5,000 homes Mayor - Bobby Guidry (318) 233 -1130 Mayor - Lewis Kearn (318) 332 -2171 Ramsey, NJ 4,000 homes Nick Saros (201) 825 -3400 Edmonton, Ontario 63,000 homes Francis Hugo (403) 428 -5748 Zan Figo (403) 428 -5706 Wycoff, NJ 4,565 homes Bob Shannon (201) 891 -7000 Blaine, Minnesota 9,200 homes Roark Haver (612) 784 -6700 BFI Recycling Systems of Minnesota, Inc. brings to the Edina Recycling Program national recycling experience and the financial resources )of a major corporation. The high standard of service and innovative promotional programs provided by BFI Recycling Systems will make Edina the leader in municipal recycling programs. Description of the Program BFI Recycling Systems of Minnesota, Inc. is pleased to propose the following recycling program. Collection BFI Recycling Systems of Minnesota, Inc. will provide the collection and marketing of those recyclable materials outlined in the RFP. Once the Edina Recycling Program is established and once stable plastic markets develop, BFI Recycling Systems will work with the City to include plastics collection (PET) at a mutually agreed price. Collection Options -Once a week pickup -out of sight. -Once a week pickup- within sight. -Once a week pickup- curbside. BFI Recycling Systems of Minnesota, Inc. will collect the City of Edina on a five (5) day schedule. BFI Recycling Systems will work with the City to coordinate and publicize the collection schedule. This five day schedule will be built around.the current refuse pick -up days as much as possible. This "same day" collection will help promote the program and lessen the possibility of confusion. I Missed Pickups'or Questions BFI Recycling Systems of Minnesota, Inc. has a full -time office staff to handle any calls from Edina residents.. Any and all questions will be handled quickly and politely. All calls regarding missed pickups will be logged daily. This log will be available for review by Edina on a monthly basis. -_ Any missed pickup calls will be forwarded to the Operations Department and acted on by 12:00 p.m. The miss will be picked up before 4:00 p.m. the same day. All BFI Recycling trucks are radio dispatched: Any corrective action taken due to a missed pickup or complaint will be documented and signed by the driver and supervisor. Service is the number one priority of BFI Recycling Systems.- Holiday Schedule BFI Recycling Systems of Minnesota, Inc will adjust holiday pickups to best accommodate current refuse collection schedule. Equipment BFI Recycling Systems of Minnesota, Inc. is using 23 cubic yard Eager Beaver Recyclers mounted on International chassis (picture included) These units allow source separated materials to be, picked up and kept segregated until the materials are delivered to market. BFI Recycling Systems of Minnesota, Inc has a fleet of over 22 units. The trucks that will be used in Edina will be less than two months old. Recycling Containers BFI Recycling Systems of Minnesota, Inc. believes strongly in the use of special recycling containers. Special recycling containers are a very effective tool for increasing the participation levels of any source separation program. The .colorful containers are convenient for the resident and act as a constant reminder to recycle and provide a level of peer pressure to participate in the program. The results of a recent study done. by the Glass Packaging Institute listed below demonstrate the dramatic effect that containers can have on a curbside collection program. Recycling Participation (Providing Storage Containers): City Champaign, Illinois Kitchener, Ontario San Jose, California Santa Rosa, California Before After 11% 83% (1) 65% 75% 48% 75% 35% 70% (1) Rate for one of five collection zones in the city: Average participation for all zones is 659. Container Option BFI Recycling Systems of Minnesota,. Inc: will provide and distribute a 17 -20 gallon recycling container to every dwelling unit included in the recycling program. A monthly charge of $.60 /home will be charged and Edina will own the containers at the end of the contract. BFI -Recycling Systems will provide up to 200 replacement containers at no additional charge. i 1 Promotion and Education Promotion and education are the key to any successful recycling program. As part of our service BFI Recycling Systems will develop and distribute an informational brochure. (Sample attached) This brochere will inform the resident what materials are to be collected, how the materials should be prepared, the benefits'of recycling and a phone number for any questions the residents may have. BFI Recycling Systems of Minnesota, Inc is currently developing a program which can be presented to civic groups, students, etc. BFI Recycling Systems will work with the city to develop advertisements and press releases to update the citizens on the progress of the recycling program. Attached to this proposal please find examples of literature used in other BFI Recycling Programs. Documentation BFI Recycling Systems of Minnesota, Inc will provide to Edina all tonnage figures of materials collected on a monthly basis. This information will include scale tickets and a percentage breakdown of materials collected. BFI Recycling Systems of Minnesota is currently working. with Tursso Companies /Vertical System Inc. on a bar code system for recycling programs. The pilot program in Blaine, Minnesota has provided some very promising and accurate results in the area of participation information and marketing strategies. Attached is a description of the Community Recycling Management System (CRMS) that is being used by BFI Recycling Systems in Blaine. BFI Recycling Systems would be pleased to discuss this option with Edina. i i Prices of Services BFI Recycling Services of Minnesota, Inc. will provide the services described for the following prices: 1) One time per week city -wide collection - material out of sight - five day collection schedule. $47,164.33/mo. or $3.53 /home /mo. Price is based on 275 tons per month. Additional tonnage will be billed at $64.67/ton. 2) One time per week city -wide collection material within sight - five day collection schedule. $35,941.09/mo. or $2.69 /home /mo. Price is based on 275 tons per month. Additional tonnage will be billed at. $125.00 /ton. 3) One time per week city -wide collections- curbside five day collection schedule. $20,175.11/mo. or $1.51 /home /mo. Price is based on 275 tons per month. Additional tonnage will be billed at $73.00 /ton. p - iz- Fe all VERTICAL SYSTEMS COMPUTER SYSTEM SOLUTIONS P R O D U C T D E F I N I T I O N INC. The Community Recycling Management System (CRMS) is a unique data collection system intended to pro- vide timely management information in the form of custom- ized reports for the tracking of neighborhoods, communities and households who are (and are not) participating in curb- side recycling. The system is comprised of customized software which is where the management and reporting information resides. The actual data is collected by means of a contact scanner connected to,a hand -held 1.7 pound computer. Bar coding technology is utilized; a bar code sticker is placed on each recycling container. A "neighborhood" or "household account number" can be printed onto the bar code which is scannable by the hand -held computer. Time stamps, identifi- cation numbers by neighborhood or community can be col- lected from the bar codes and data collection hardware. Statistical information with accurate percentages can be generated for short and long term analysis and plan- ning. Key to this product is the accuracy of data col- lection and the ease of use operationally in which it operates. From a marketing and "recycling acceptance" perspective, this information is invaluable because information per each neighborhood or community can be evaluated quickly by simply viewing the neighborhood and community percentages. Strategic marketing and public relations campaigns could then be targeted for -those areas lacking solid participation totals. The CRMS turn -key system is a tested solution and one which has been in a beta test site for over three months. The CRMS product has evolved considerably as a result. It is a product that is tested and ready for the market which includes full one year hardware and software warranty, technical support and implementation assistance. 7515 WAYZATA BLVD., SUITE 110 MINNEAPOLIS, MINNESOTA 55426 (612) 545 -2267 RECYCLEAMEniCA Minnesota Area Office ® Post Office Box 9 -, Circle Pines, MN 55014 Phone: (612)784 -8349 March 30, 1989 Marcella Daehn City Clerk City of Edina 4801 W. 50th St. Edina, MN 55424 Dear Ms. Daehn: Waste Management. of Minnesota is pleased to submit this proposal for a comprehensive recycling program for the City of Edina. Solid waste disposal is a growing problem for many communities. As a result, recy- cling is becoming an important waste management tool. This proposed recycling program will place Edina in the forefront of those communities exploring alterna- tives to traditional waste handling techniques. Waste Management's experience, talent and dedication to service make the company ideally suited to implement this recycling program. We share your enthusiasm for this new venture and look forward to becoming your recycling partner. Thank you for your consideration. If you have any questions, please call me (784 -8349) or Mike Berkopec, General Manager of Waste Management of Savage (890- 1100). Sincerely, 4n�n Mor g an Program Development Manager LM /jm Enclosure Printed on recycled Oaoer. PROPOSAL Waste Management of Savage will collect recyclables once a week from single - and double - dwellings in the City of Edina. In cooperation with the City, we will designate five collection.areas, each of roughly equal size. Each area will be collected on a different weekday. To help residents identify their collection days, the boundaries of the areas will coincide with major thoroughfares whenever possible. The City may designate the day of collection for each area. Collection will commence after 7:00 A.M. each day and be completed before 5:00 P.M. If a holiday falls on a weekday, recyclables'will be collected the following day. Waste Management of Savage will collect newspapers, corrugated paper, glass con- tainers, and tin, steel and bi -metal food and beverage containers. Other mater- ials, including PET soda bottles and HDPE milk jugs, will be added as mutually agreed. The City may elect to include aluminum foil at a later date, as mutually agreed. Initially, however, we strongly recommend collecting foil at the drop -off center but not via curbside collection. The amount of foil collected is minimal, and does not warrant the extensive truck modifications that would be required to collect it at the curb. To document participation and identify recycling opportunities and problems, we will conduct quarterly route audits. Audit results will be submitted with every third monthly statement. We would be happy to negotiate the use of any other recordkeeping system the City desires, including bar code readers. To help the City promote the program, we will produce, print and distribute a recycling brochure designed especially for Edina. The brochure will include a two -color map showing collection areas. If the City desires, information about the City drop -off center can be incorporated. We will also provide a 60- second recycling commercial in both VHS and 3/4" formats for use on a local cable access channel, if desired. Sample recycling brochures and resident reminder tags are enclosed. To collect recyclables, we will use three 30 -yard LoDal recycling trucks. Each truck will have four collection compartments: one for newpapers and corrugated, one for cans, and two for glass. Each compartment can be unloaded independently. The trucks feature low- entry, dual -drive cabs. Each vehicle will be equipped with warning flashers, a backing alarm, a "frequent stops" label, a broom and shovel, a fire extenguisher, safety kit, first aid kit, and two -way radio. Each truck will be clearly identified. The vehicles will be maintained by trained mechanics at our fully- equipped shop in Savage. Trucks are washed weekly. Waste Management drivers participate in extensive safety training as well as incentive programs for safety and productivity. We will comply with all local, state, and federal laws and requirements, including vehicle licensing. Reliable service is a high priority in all Waste Management programs. Our sophisticated, computerized routing and maintenance programs ensure that recy- clables are collected on time and as promised. In Minnesota, we maintain a fleet of 112 vehicles valued at-more than $4,900,000. These vehicles will be available to serve as back -up collection vehicles if needed. We will comply with the RFP provisions concerning tonnage reporting, severe weather, clean -up responsibility, extension of collection hours, and personnel requirements. The City may wish to consider awarding a contract that specifies an initial term to December 31, 1990, but can be renewed with the consent of both parties. A. 'Base Proposal - Unlimited tonnage - No containers - Collection at the garage or rear of premises, per ordinance #711. $35,407 per month B. "Curbside Proposal - Unlimited tonnage - No containers - Collection at the curb; resident transports container to and from roadway. $18,571 per month C. Curbside Proposal with Container Return - Unlimited tonnage - Container used - See Alternative "D" for container cost option - Resident transports recyclables to the curb; driver returns empty container to the garage area. $23,916 per month D. Container Option We encourage the City to incorporate a specialized recycling container into its program. Containers will boost participation, increase convenience for residents, reduce litter, and help drivers recognize recyclables, thereby reducing missed pick -ups. Containers can be incorporated into alternatives A, B or C at a minimal monthly cost. A container like the one shown in Attachment A, for example, is available for less than 14(� per home per month. We would purchase and deliver the containers, but the City of Edina would own them. Waste Management would provide financing so that the City would not have large start -up expenditures. Instead, the City would pay 20% of the container purchase price over each of the first five years of the contract. If the contract ended or were not renewed after fewer than five years, the City would pay a lump sum equivalent to the balance remaining. In, any case, the containers would be the property of the City. EXPERIENCE Waste Management of North America, Inc. has extensive experience in the collec- tion, processing and marketing of recyclable materials. During 1988, the company provided recycling services at more than 240 operating units throughout the United States and Canada. Our range of expertise includes residential recycling, commer- cial recycling, and the design, construction and operation of recycling processing facilities. Waste Management companies provided curbside recycling services to 630,000 house- holds in 58 communities during 1988. Residential recycling is one of Waste Manage- ment's fastest - growing areas of business, and by 1990 the company expects to help more than 1.4 million households recycle. In Minnesota, Shakopee, Hastings, Excelsior, Ramsey, Robbinsdale, Cannon Falls, Columbia Heights, Rushford, Spring Valley, Peterson, Houston, La Crescent, Spring Grove, Harmony and Preston have selected WMMN to provide curbside recycling services. WMMN's program in Robbinsdale is an excellent example of the company's ability to deliver efficient, reliable recycling services that divert a high percentage of waste. Since June, 1987 WMMN has collected recyclables from Robbinsdale's 4,815 single - family homes once a week on the same day as garbage collection. WMMN collects the recyclables using a 30- cubic -yard LoDal recycling truck. One driver services the entire city. The convenience of the program, combined with volume -based fees for garbage collec- tion, have generated an enthusiastic response from Robbinsdale residents. An esti- mated 85% of Robbinsdale's households recycle regularly. Other cities that have selected Waste Management for recycling services include the following: San Jose, CA Irvine, CA Jacksonville, FL Portland, OR Santa Rosa, CA Petaluma, CA Londenderry, NH Hudson, NH Holland, MI New Carlisle, OH Woodstock, IL Buffalo Grove, IL Glen Carbon, IL Lebanon, IN Livermore, CA Oceanside, CA Avalon, NJ Camp Hill, PA Fitchburg, WI Oaklyn, NJ Middletown, PA Seattle, WA Santa CRuz, CA Lafourche Parish, LA Oaklawn, IL Arlington Hghts, IL Elk Grove, IL Cherry Hill, NJ Prairie du Chien, WI Delta, BC, Canada 9 z IV _m OUTS I I„ DIMENSIONS: 21.750 X 15.961 X 13."000 CAPAC 1 rY APPROX. 14 GALLONS AMER MOLDED TABS ALLDW TF- �- ST OC AFO PLASTIC ONOCtAY . WDS m aE StTETQtO ACINUM TIC BIN %YUTA T I NG 1 T INTO nam boar ArrT►�x s RELY CUES aOTT01 RFCE'SSM TO CONTAIN rW 10 ALL C"*J;:; R0LH3 D FOR STF*MTN AND SAVk-rY D I V I OEFi.'; NAY OL ADOLD TO %31-IT TFt a I N INTO FOUR C0IPARTI&M S lam\ I—LAFKA� TRANSPORT OP' e O EASE ,ts � N NEST ABLE /STACKABLE SINGLE /MULTI RECYCLE BIN SYSTEM NESTED STACK CFKY!3S- STACKLD diNS 6.5 TO 1 RATIO FOFII ILLT I SYSTEM mi N -I --f &A' ff &a E RF MIIIRAA 7, 71111� 1 C r - ^' m. pqWer fn 71, and out. � I o lFgnsm1" ulp"dr-awpr-q in',�!� MICIRPOMI.IR Cenjrallzecl,ejecjr'icg, om :t R ec er in chump cc §R46e fqr W roven� dura ANY, step W a III doi U 0 Belt I ?l 9 .3" 1 51 14 gw-4 n ntr b'�-:': OIS oa I cli . kIfIrl"10.9-ic, I Idg. ggie PDX Opq Vpp.tl pase Waste Management: The World Leader in Curbside Recycling. Throughout North America, our Recycle America® programs are turning yesterday's waste into valuable recycled resources. More than 600,000 families vol- untarily cooperate in our curb- side recycling program for old newspapers, aluminum and steel cans, glass, and plastics. And the numbers are growing daily. In San Jose, California, our Recycle America program gen- erates over 4.4 million pounds of material each and every month. Nationwide, over one billion pounds are reclaimed annually by 250 Recycle America com- munities. Our curbside recycling system is set- ting records everywhere for voluntary house- hold participation and efficient performance. Putting resources back to work. Recycle America processing centers are handling high vol- umes of recyclable materials and speeding them off to markets identified by our trained recy- cling specialists. This systematic approach eases landfill burdens and disposal costs. Is your city ready to recycle? If you live in an area served by Waste Management, your com- munity leaders may already be considering a Recycle America program. Let them know that you support curbside recycling. Around the nation, it's an idea whose time has come. 111 Waste Management, Inc. Helping the world dispose of its problems.® ..q 4, r i }'' 1, y �i;, '`c ,il, d t•n; ,.t r. ? 1 11 1 X11 l 1 r..�1)��) ' r •. ! r l HELLO! We were here today to pick -up your recycling material but had a problem as marked below: -What was left in your recycling bin is not recyclable at this time. O Please do not put glass 8 cans in paper or plastic bags. O .,T lease bundle or place newspapers in a paper (not .1:,:: plastic) bag or bundle with twine. : O ' Glossy paper and cardboard are not recyclable ;.;:under our program at this time. We are accepting 'newspapers only. +r:` ;• i O Please prepare your material properly by taking ?off all metal caps and neck rings on glass containers. OI i1 Remove all labels from tin cans. 0, . Please rinse out all glass containers and tin cans. For further information, please call us at Waste Mgmt. Blaine 784 -8349 or your local municipality. RECYCLING 1H/aste Management WASTE MANAGEMENT - BLAINE 10050 Naples St. NE Blaine, Minnesota 55434 784 -,8349 RECYCLING 1H/aste Management BECYCLEAmEnica t(OW) Waste las managdment in Shakopee IMS. (�I�vc�I��, 4-0 -- - -PIS. - i _�,�d�.� l loull 'i u -� � . � Pro��s, �_ WA C c C. tj -IA IJ `S�n1S AD 04 fvllp� r V AY ._ c 54Y2, IL T _A6J V-5 Yv"`. � �s�� � -W �. _�.�- �x6�;��. - � --q ���-N dam; � V� _a 6c4 — -- � _.—_ 6_1 or _tLA, -Q- r.►�a;i�..bl�. -� —a5 - -�'-e- c�r..�_.�__ 5v�n6.�Q (� _C�.u.+ _W��_�_- e�C�2.rl�.�IC2.�)_orc� � 2w-�sv.� snJl�,� __ _.._ _. NI ,{L _. �.c�t�. _.. Fi''aJ �tc�z ._�'� _d�5� r� _ S�v-J icQ mvj-� 1 bas, __. 6.1 4o 45-� V �Iro, 19lrAi-f 4-o CIO) P-2,Y- I A I �g ij U,raK�Q � Cti �iuJtM �T�Y c� i -l� � . � �� D e' V tad j Gtia�c� � Wes_ _ .t o.) GL � 6..-Z, . -4V-- TV"61A+ V47AJJ (I 04�% 1 - 015-e-) .4 �nrj ro C.-�AA P I i VJU � __o✓��__W0�i"In. VJ� - Y--(5 VeJL, c-;k c-L, M6�4 1� � yam, Cd i �.�� -,�, �5�� � � -� Vj Co dFY+z�l � tN�L vL�.�en� -r,� �a bQ.- ��C� i N �J �t,1 �1.D✓ti � L i � G✓L. L 16o NA-4 rte. --I- _ �� - P P sue- - -cis _ ��.bl:�. �S - vi LWIJ wo V-of a,4 C-64 014-4-41 Ili Flpt- . C L,4, r-4- 4--l-1 5t---Y- - Y- 1c,15 9 .... W,?— - -+-"� -, �j k .- L�. I -k o�� cli 6 v\ m&K P� � � . r L', X-Aj - - -c. Y CI TS (& cc- 45,45 ILI c O,Z- vl- 0- R/J o ltj d�-� -, , ►� C- vvim- V -.7 ve-c-y �j tj ...... Acca � �i �u:�� f'� _ v���w -�s _._.GAM, I/J�p� -P,65 PAY �IC -I _ �r1 -�Y__,p.esGr��..e._ �a�U -e_ S iC - ( sv�- vn�.v-c. r _s�zzc� �1 -ru�k5 b^A5� w',-i'� _ waWl� I� s-I�� �►� - 647ok _c. ..- ha -ei-s __ �"� i��,�e_ 5 cam. V P�%.'� c,�� • _ / � - -- �6�� op, v- 4 01-S _tom �- A V`a� 1f'��n.C�yG✓� C6� L���XX.�,� - - -- - lam, -►mss _ -�s - I�±�.e� - -��� - _����I;�q_._pia �� _ -� _w-e._ _w�� I l — � CZ—O^AAke4— C- --C-Vf cvil� AI t\j _�wl l _I �Kd � �� t\j ell PA L"It -'6 J 6 :71 V4�2.. C Cl.,4,1- -= �nQ.._- -C_! -- --- �'-'cQ a..L�__1- IS-- ��S�i��S_ CaAA- dLAj C-17-7 . S-t A 01/v� d 'C v VIA. wi �j ce 534 tj 1'�v r7--- 0 -1 r4 �I-1 1A ri - C40 Ac- -6AA 41 1 i f 1 . I , I w W-, wvv, W �534& 5s�-3S L A- D 6 E-4� f� a 1 w91N�1r� oe4r� VJ p • �N�b VpoM'�Ov/ Fuee REPORT/RECOMMENDATION To: Ken Rosland From: The Recycling Commission Date: April 14, 1989 Subject: Plastic Ban Ordinance Recommendation: Agenda Item # VII.E . Consent ❑ Information Only ❑ Mgr . Recommends ❑ To HRA [0 To Council Action Motion ❑ Resolution ❑ Ordinance ❑ Discussion The Recycling Commission voted unanimously in favor of the City's adoption of a plastics ban ordinance similar to the Minneapolis Ordinance. (Recycling Commission meeting April 7.) We recommend referral to the City Attorney for preparation of a draft ordinance. Info /Background: The Minneapolis City. Council passed the plastic ban ordinance because of their concerns about the increasing amounts of nondegradable, nonreturnable, and non - recyclable packaging materials in use today. They wish to minimize the problems associated with landfilling or incineration of these materials. The move to ban certain plastics is now receiving attention at the Legislature. A legislative ban might override the Minneapolis ordinance. The soft-drink industry, grocers' associations, and plastic- foam - product makers have strongly opposed -the ban; whereas, the general public has strongly favored it. Three Edina residents have called the Recycling Office to urge that City Council consider this type of ordinance; none have called in opposition. Attachments: The Minneapolis Plastics Ban Ordinance A letter to Mayor Richards and Council _ Copies of recent news articles Ist Reading Ref. to Comm. :• 1 AN ORDINANCE of the Dote Date to Mayor Date Returned Public Hearing Da ���� O� te Resubmitted to Council 2nd Reading g Final Passage M1 N N EAPOLIS Cramer, Coyle, Niemiec, Johnson, Hilary, Scallon, O'Brien, and CarjAWntsthe following ordinance- Amending Title 10 of the Minneapolis Code of Ordinances relating to Food and Food Handlers by adding thereto a new Chapter 204 relating to Environmental Preservation: Environmentally Acceptable Packaging. The City Council of the City of Minneapolis do ordain as follows: Section 1. That the Minneapolis Code of Ordinances be amended by adding thereto a new Chapter 204 to read as follows: "Chapter 204. Environmental Preservation: Environmentally Acceptable Packaging 204.10. Legislative Purpose. The City Council finds that discarded packaging from foods and beverages constitutes a significant and growing portion of the waste in Minneapolis' waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste management for the citizens of Minneapolis and others working or doing business in Minneapolis. The Council further finds that plastic packaging is rapidly replacing other packaging material, and that most plastic packaging used for foods and beverages is nondegradable, nonreturnable and nonrecyclable. The Council also finds that the two main processes used to dispose of discarded nondegradable, nonreturnable and nonrecyclable plastic foods and beverage packaging, are land filling and incineration, both of which should be minimized for environmental reasons. Chemicals hazardous to environment are present in believed to leach into the landfills, have been found burned in incinerators, an with ash residue resulting human health and to the safety of the the composition of plastic packaging, are groundwater when this packaging is placed in to escape into the air when this packaging is i contribute to environmental problems associated from the incineration process. The Council therefore finds that the minimization of nondegradable, nonreturnable and nonrecyclable food and beverage packaging originating at retail food establishments within the City of Minneapolis is necessary and desirable in order to reduce the City's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by- products of incineration, to make the waste stream less damaging to the environment, and to make our City and neighboring communities more environmentally sound places to live. 204.20. Definitions. As used in this Chapter, the following terms and phrases shall have the meanings as defined in this section: (a) "Packaging" shall mean and include all food - related wrappings, adhesives, cords, bindings, strings, tapes, ribbons, bags, boxes, coverings and containers; and shall further include cups, glasses and similar containers for drinking out of or for holding liquids, and plates and serving trays, but shall specifically exclude plastic knives, forks and spoons sold or intended for use as utensils. (b) "Environmentally.acceptable packaging" shall mean and include any of the following: (1) DEGRADABLE PACKAGING: Paper or other cellulose -based packaging capable of being decomposed by natural biological or biochemical processes; (2) RETURNABLE PACKAGING: Food or beverage containers or packages, such as, but not limited to, soft drink bottles and milk containers that are capable of being returned to the distributor, such as but not limited to, dairies and soft drink bottlers, for reuse.as the same food or beverage container use at least once; (3) RECYCLABLE PACKAGING: Packaging made of materials that are separable from solid waste by the generator or during collection and are currently collected for recycling in an organized fashion in a municipally sponsored program within the City of Minneapolis: Packaging made of either polyethylene terepthalate (P.E.T.) or high density polyethylene (H.D.P.E.) shall be considered to be recyclable if and when it is collected for recycling in the. same manner as here stated. �11 1. (c) "Food establishment" as used in this Chapter means a "food establishment" as defined in Section 188.10 of the Minneapolis Code of Ordinances. (d) "Commissioner" shall mean the Commissioner of Health of the City of Minneapolis or the Commissioner's designee. 204.30. Prohibitions. No person owning, operating or conducting a food establishment within the City of Minneapolis shall do or allow to be done any of the following within the City: Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage that is placed, wrapped or packaged, at any time at or before the time or point of sale, in or on packaging which is not environmentally acceptable packaging. The presence on the premises of the food establishment of packaging which is not environmentally acceptable packaging shall is constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. 204.40. Enforcement. The Commissioner shall have the duty and the authority to enforce provisions of this chapter. 204.50. Rules and Regulations. The Commissioner may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this Chapter and protect the health of the public, including the development of exemptions under Section 204.70 for packaging for which there is no commercially available alternative and for flexible packaging. In promulgating such rules the Commissioner shall consider the legislative purposes provided in Section 204.10 of this Chapter and shall consult with the operators of affected food establishments. 204.60. Advisory Commitee on Environmentally Acceptable Packaging. The City Council shall, by resolution, establish an Advisory Committee on Environmentally Acceptable Packaging. The resolution shall provide for the membership, manner of appointment, the Committee's charge and its duration. The membership shall be drawn from affected governmental units, business and industry, trade.associations, general business organizations, consumer groups, environmental groups and others as determined in the resolution. The Advisory Committee shall include a member designated by the Hennepin County Board of Commissioners from outside the City of Minneapolis and a member designated by the Association of Metropolitan Municipalities. The charge of the Committee shall include the following: w (a) monitoring industry and governmental actions relating to environmentally acceptable packaging; (b) advising the Commissioner of Health on implementation issues; (c) advising the City Council on the feasibility of the effective date of this Ordinance and recommending whether or not the effective date should be extended; (d) assisting in efforts to expand the City's recycling program to include the collection of potentially recyclable materials not presently collected, including consideration of financial assistance; (e) recommending actions other levels of government and industry can take to advance the goals of this Chapter. (f) assisting in the development and implementation of public education programs on recycling and packaging. (g) Encouraging adoption of substantially similar regulations by surrounding cities, particularly those cities with a border in common with Minneapolis. 204.70. Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) any flexible packaging of 10 mils or less in thickness unless disapproved by the Commissioner pursuant to rules promulgated under Section 204.50 above; (b) any packaging used at hospitals or nursing homes;. (c) any paper, cellophane or other cellulose -based packaging that is coated with plastic; (d) any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the Commissioner by rule promulgated.pursuant to Section 204.50. In determining whether there are commercially available alternatives the Commissioner shall consider the following: (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers., suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) the competitive effects on manufacturers, supplier$, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this paragraph shall be reviewed annually by the Commissioner to determine whether current conditions continue to warrant the exemption. I/ 204.80. Penalties. Each violation of any provision of this Chapter or of lawful regulations promulgated under Section 204.50 hereof shall be a petty misdemeanor, for which the maximum fine shall be $50.00. Each day on which a violation occurs constitutes a separate violation. 204.90. License Adverse Action. A violation of Section 204.30 shall be sufficient grounds for the revocation, suspension, denial or non = renewal of any license for the food establishment at which the violation occurs. 204.100. Severability. If any part or provision of this Chapter or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons, entities, or circumstances. 204.110. Effective Date. This Ordinance shall take effect July 1, 1990. The City Council may, however, pursuant to the recommendations of the Advisory Committee created under Section 204.60 hereof and the Commissioner of Health, delay the effective date of this Chapter for a period not to exceed six (6) months. Adopted. Yeas, 12; Nays none. Absent - Sayles Belton - 1. Passed March 31, 1989. Alice W. Rainville, President of Council. Approved April 6, 1989. Alice W. Rainville, Acting Mayor. Attest: Steven J. Ristuben. Asst. Citv Clerk_ ear+nen ne r-nttue -tt 1JAY9 COunci MemOQr Aye I NGV N.V. Ab& I vrQ Suit Council Memoer A e Na N.V. a0l. �vr0. jugt Dz earc Scaiion O'Snen Niermee r+,,ary Cramer Nmte scnulstad C Ovie Jonnwn :dnsOn Dreg. Ratnvuie Sayies Sefton X INDICATES VOTE N V - Not Voting Abs — Absent ovra - Vote 10 Overrtae Sust - Vote to Sustain PASSED 19 APPROVED NOT APPROVED 19 TOED ATTEST City C:srtt Arewoent of Council Mayer :.<Lcz SJ .42 .AkP laLl > Or rLQ 21 -hLLZ;ba'pl Ca.fz lam_ Alk - -fa- Elan OK'd � on plastic food mfir �u`'C packages .Minneapolis action is a first Dennis J. McGrath an << Q� and Steve Brandt Staff Writers Most nonreturnable and nondegrad- able plastic food packaging will be banned in Minneapolis by 1991 un- der a landmark ordinance approved unanimously Friday by the City Council. Minneapolis is expected to be joined soon by St. Paul in what is believed to be the strictest law in the nation governing the use of plastics While Minneapolis officials yester- day encouraged the suburbs to pass similar legislation, representatives of the plastics and food industries vowed to fight the ordinance in the state Legislature or the courts. The plastics ban has prompted more interest among the public than any other issue in Minneapolis City Hall for more than a decade, according to several council members, Plastic Continned from page IA some suburbs. Minneapolis Council Member Steve Cramer, DFL -I Ith Ward and author of the ordinance, said it is needed to curb growing dependence on plastic food containers, which are being bur- ied in landfills or incinerated. The ordinance would prohibit retail grocery stores and restaurants — pri. manly fast food outlets — from sell- ing food wrapped in plastics that can't be recycled, aren't biodegrad- able or aren't returnable. Among the items in the ban would be foam egg cartons and trays in meat packages, as well as plastic grocery bags, drink- ing cups, serving trays and plates. Plastic milk jugs and soft drink con- tainers could be permitted if the city 's curbside recycling program is expanded to include them. Cramer said that expansion of recycling is the most likely result of the ordinance because industry will have incentives to help recycling. "The heart of this ordinance is to reuse plastic, recycle plastic or find an environmentally acceptable alter- native," said Carol Johnson, DFL- 13th Ward. If products aren't avail- able in environmentally acceptable packaging, they would be exempt from the ordinance. There also are provisions for exemptions when the ordinance would create economic or competitive disadvantages Although some items will be banned and consumers might see a modest increase in costs of items in environ- mentally acceptable containers, Cramer rejected arguments that the ban would drive Minneapolis shop. pers to suburban stores and force some city stores out of business Council members received what was Star Tribune /Saturday /April 1/1989 11Aw, estimated as thousands of phone calls "The effects people will see in the this week as an ad campaign by the grocery store are acceptable, even de- food and plastics industries to defeat sirable." said Cramer, referring to the the legislation backfired and turned telephone calls supporting the ban. out supporters of the ban instead Council members said they have The council yesterday dismissed sug- never received so, many calls on an gestions that it wait for state legisla- issue. tors to act rather than make the city an island in a plastic -using metropol- "Hopefully it will spread from Min- itan area. But the issue clearly will be neapolis and St. Paul to the sur- fought next at the Capitol as oppo- rounding communities and then into nents of the ban said they have given the rest of the state," said Council up hope of stopping the St. Paul City Member Walt Dziedzic, DFL- Furst Council from adopting the same leg - Ward islation. A St. Paul council commit- tee will take up the proposed ordi- At least one suburb may follow suit. nance Wednesday. In Fridley, the City Council is ready to adopt similar legislation once both "The only way we can blunt the central cities act, according to Fridley prospect of ordinances popping up all Council Member Steve Billings "We I over the state, which would be very are willing to do our part," he said cumbersome" is to get a state law blocking local bans, said Joel Hol- land, president of the Minnesota Grocers Association. He said his group would push for a comprehen- sive solid waste recycling law that includes the recycling, burial and in- cineration of garbage, but not a ban on plastics Plastic already is being recycled in some places. St. Louis Park last year collected about 40,000 pounds of plastic milk and soft drink contain- ers, according to recycling coordina- tor Wally Wysopal. That city has been a leader in Henne- pin County recycling efforts. Wyso- pal said the St. Louis Park City Council has asked for a copy of the Minneapolis ordinance, but hasn't discussed the issue yet. The issue hasn't arisen in Hopkins. home to several grocery distributors. However, Mayor Don Milbert com- mended Minneapolis for its new law. Meanwhile, it remains unsettled whether the Legislature will preempt city ordinances aimed at packaging. The major recycling bill this session in the Senate includes a clause added last week that is intended to block such city action. But a House com- panion bill lacks such a restriction. That means the issue may not he settled until a conference committee meets late this session. Sen. Robert Lessard, DFL-Interna -1 tional Falls, is adamant that cities should not act while the state still is trying to set up a comprehensive re- cycling law. He said he thinks there s "a very good chance" that the clause will become law. "I think the logic of a statewide uni- fied approach will prevail." he said However, Sen., Gene Merriam has indicated that he will try to strip the restriction from the bill, which must pass several committees before reaching the Senate floor. The Coon Rapids DFLer is respected by col- leagues for his expertise on waste, issues I Some have suggested that the word- ing in the Senate bill is vague. It ban local governments from adopting re- quirements that differ from state law. But because state law is silent on packaging requirements, that could be read to mean a local Ord'nance would not conflict, according to Pat- ty Burke, environmental research di- rector for the State Planning Agency. Vern Peterson, executive director of Star Tribune /Saturday /April 1/1989 11Aw, the Association of Metropolitan Mu- icipality said anticipates that a action by Minneapolis and St. Paul Steps before plastic ban will generate debate of similar laws in Plastic continued on page IIA could be put into effect Here's what must happen before the ban on plastics in Minneapolis could take effect: ■The City Council would have to approve a resolution establishing the membership of an Advisory Com- mittee on Environmentally Accept- able Packaging. The membership would include representatives from government, business and industry, trade associations, and consumer and environmental groups. The resolu- tion also would determine the meth. od of appointing the committee. ■ The committee would advise the city's health commissioner on what plastic, plastic foam products and other materials would be exempted from the ban. The ordinance allows exemptions for plastic packaging, such as some microwave food con. tainers for which there is no envi. ronmentally acceptable alternative available. There also could be ex. emptions if the use of environmen. tally acceptable packaging creates economic or competitive disadvan. tages to stores. The committee also would advise the commissioner on when the ordinance should take ef- fect. ■ The health commissioner would rule on which types of packaging and products are acceptable and which ones are banned. ■ The ordinance would take effect July 1, 1990, but the council could delay it for up to six months upon the recommendation of the advisory committee or the health commission. er. Vote on plastics Congratulations to Minneapolis for its recent decision to do something about plastic. It is unfortunate that City Council members have gone about it the wrong way. What is wrong with plastic? Its most obvious fault is that as litter (mainly bottles) it does not decompose. The ordinance specifically exempts the bottles if curbside recycling is initiat- ed, but does nothing to encourage recycling. The litter will continua Incineration of plastic produces more toxic and larger quantities of emis- sions than paper. But for landfills, plastic is safer than paper. The de- composition of paper and other noo- plastic organics is the main source of air pollution (methane) and a major source of water pollution (sulfuric acid and the heavy metals it dis. solves — leachate). Since plastic de- composes so slowly, it is the safest of all landfill items. For years the legislature has caved in to special interests by refusing to pass container-deposit legislation. Now it is considering a bill to preempt city ordinances aimed at packaging if container deposit is included in the recycling bilL I'm all for it (25 cents per bottle). If legislators again cave in to special interests and do nothing to encourage individuals to recycle. I will express my displeasure at tbe polls. — J.G. Peterson, Edina. The March 29 ad by the Minnesota Grocers Association and the Council for Solid Waste Solutions, intended to influence the City Council vote on plastics, was an insult to the intelli- gence of Twin Cities citizens Over the past few years, people have be- come increasingly aware of the tre- mendous solid waste problem — not only here in Minnesota, but all over the country. Plastics, which currently are not being recycled, are not return- able, and for the most part are not biodegradable, adding unnecessary bulk to the solid waste stream. I hope St. Paul soon follows Minne- apolis in passing this ordinance. I'm tired of being told that plastic is so much better than paper or glass. My preference always has been to buy a Product which gives me the option of returning or recycling — Julie McGuigan, St. Paul. The Grocers Association ad implies that it is the consumer who will suf- fer most by a restriction on the use of plastic for packaging Come on! Plas- tic is a convenience for the seller, not the consumer. Do we need that plas- tic package that contains two bolts, hung on the display rack? Perhaps recycling plastic is the answer, but, until then, cutting down on landfill seems more impotent than saving the plastic gallon milk bottle. LaAnn M. Johnson. Minneapolis. Nation's strongest plastics ban advancing with little difficulty By Dennis J. McGrath Staff Writer When Walt Dziedzic began scream- ing at fellow Minneapolis City Coun- cil Member-Steve Cramer, it didn't appear that the life expectancy of the proposed ordinance banning plastic food packaging would be a long one. Dziedzic, DFLrF'irst Ward, was car- rying the message from two northeast Minneapolis dairies that the ban on plastic milk jugs would cost each' of But just as Cramer calmed Dziedzic them millions of dollars and throw down, he and Long also mollified the people out of work. milk producers, and by clearing that hurdle they propelled the Twin Cities While Dziedzic shouted, high - powered lobbyists for the milk indus- try worked on Cramer, DFL -Ilth Ward, and St. Paul City Council Member Bob Long in other, subtler ways — by setting up lunches with opponents and arranging visits to su- permarkets to emphasize the eco- nomic impact of the plastic ban. Plastic Continued from page IA its first vote on an identical ordi- nance in a committee today, and the full council is expected to pass the proposal next week. A few suburbs ,also say they will consider the ordi- nance. • -Despite the shouts. the lobbying pres- s sure and a vigorous advertising cam- ; Mign by the plastics and grocery • trades, the nation's strongest ordi- : nance regulating plastic has advanced with surprisingly little controversy or difficulty. Those responsible for the ordinance credit its success to an uncommon collaboration between the two city councils, some impor- t tAnt compromises along the way that backed off the environmentally pure approach of the original bill, and overwhelming public support : Although Minneapolis approved the measure first, the concept originated in St. Paul with Long when he went shopping one night last summer. Struck by the proliferation of plastic peanut butter, syrup and egg contain- ; em he drafted the ordinance banning ::those plastics. Last fall he called : Cramer to ask if he'd sponsor an identical resolution in Minneapolis. : The joint effort was an example of unusual cooperation between the cit- ies. Although they frequently team : up to lobby state and federal govern- ments on issues such as urban aid : rarely do they work together to pass identical ordinances. More often, the cities are at odds, competing for de- : velopment projects, and Cramer and Lang had just finished a pitched bat- tie over diversion of airport noise : from Cramer's south Minneapolis neighborhoods to Long's Highland Park area "There were never any personal re- : eriminations over that, but it was a : tense period," said Cramer. "If he hadn't made that offer (to work joint= ly on the plastics ban), I'm not sure this would have gone so well." Said Lang "We were able to talk to consumers on both sides of the (Mis- sissippi) river. It became a very cred- ible idea when we had two major cities looking at it at the same time. ,:It wasn't just someone's lark of an :idea" 'It also creates a larger market for :manufacturers and food distributors .that will have to switch to the envi- ronmentally acceptable packaging mandated by the ordinance. The two council members held a news conference in December, along with four other council members from Minneapolis and St. Paul, and announced their intention to ban plastic food packaging. The first test of public reaction was positive and "that buoyed people," said Cramer. "We seemed to be on to something." But representatives of milk and plas- tic companies realized that Cramer and Long were up to something and they didn't like it. "When the bill first came out, it was quite threatening to us," said Kip Campbell, a vice president for Supe- rior Dairy Fresh Milk Co., which employs about 100 people at its northeast Minneapolis plant. "I picked up the phone and asked (Dziedzic) if they were trying to put us out of business." Superior Dairy Fresh, like the other northeast Minneapolis dairy, Mari- gold Foods, supplies grocery stores and convenience stores in Minneapo- lis and St. Paul with milk in plastic jugs that would have been banned under the original ordinance. The dairies' opposition led to a series of meetings in January and March involving Cramer, Long and the dairy representatives. They were ar- ranged by Wy Spano, a lobbyist whose clients include the Minnesota Dairy Federation. Facing the prospect of throwing city residents out of work by banning the milk jugs, Cramer and Long backed off a key element of the original draft, which prohibited even recycla- ble plastic milk jugs and soft drink containers because they aren't recy- cled back into milk or soda bottles. to the forefront of national efforts to reduce the use of plastic , Last Friday, the Minneapolis City Council unanimously approved an ordinance outlawing the use of most plastic food wrapping. St. Paul takes Plastic continued on page 5A "The original draft took a pretty pur- ist approach to the recycling issue," said Cramer. "We decided we had to go ahead and make changes to be less theoretically pure and more practi- cally oriented. Even if it isn't recon- figured into plastic milk jugs or pop bottles, the plastic is diverted for the time being and maybe for a long time from incinerators or landfills, and that's what we were really trying to get 2L" They changed the ordinance to allow the sale of recyclable plastics if the cities' recycling programs are expand- ed to include those plastics. Indus- tries that produce such products will be expected to help pay for that part of the recycling programs. "It was hard for us to object to that," said John Doyle, vice president of the Northern Division of Marigold Foods.. "We're not particularly happy about it ... but we said as an indus- try we couldn't object to a recycling elemen4" The milk industry and soft drink manufacturers and distributors still weren't thrilled with the ordinance (some still oppose it), but the groups stopped actively working against it. That enabled Dzicdzic, Council Pres- ident Alice Rainville and Sandra Hi- lary, DFL -Third Ward, all of whom represent north or northeast Minne- apolis, to support the law without angering many constituents.. And labor groups that had expressed uncertainty about the ordinance seemed satisfied with the modifica- tions and never mounted an orga- nized effort against it. The SL Paul Trades and,Labor Assembly, which wrote a letter opposing the original draft, recently endorsed Long in his re- election bid after he explained the resolution's current language Amendent to extend plastics ban withdravin Associated Press tee An amendment to extend the recent- ly approved Minneapolis ban on plastic -food packaging to all of Min- nesota was withdrawn Saturday as a Senate panel approved a recycling bill that would void the local ordi- nance. But Sen. Gene Merriam, who with- drew his amendment to extend the ban to the rest of the state because there wasn't enough support for it, said the measure is not dead. "We'll have an amendment on the floor to address it where there are more members from the city," said Merriam, DFL -Coon Rapids. The Senate Environment and Natu- ral Resources Committee approved the recycling bill, sponsored by Sen. Bob Lessard, DFL- International Falls• on a voice vote with no audible dissent. The measure, which includes a provision overriding , the city of !Minneapolis ban and an identical one before St. Paul's City Council. now goes to the Senate Tax Commit- Ban adv too much space and do not decom- pose in landfills, and can't be safely incinerated r .. ro. The only groups that have continued to actively oppose the ordinance are a national plastics manufacturers as- sociation and the. Minnesota Grocers Association. They argued that the or- dinance would raise food prices. eliminate some food products from store shelves and encourage shoppers to drive to suburban stores. But they played into Long's and Cramer's hand with a rzdio and newspaper advertising campaign in Minneapolis days before the coun- cil's final vote. The ads prompted an outpouring of support Jor the ordi- nance and Cramer believes that en- sured that the vote would be unani- mous. Although the groups canceled plans for more ads in Minneapolis after the backlash and said they wouldn't ad- vertise in St. Paul, some grocery stores apparently made the same mistake yesterday. Some stuffed fli- ers in grocery bags, warning custom- ers of skyrocketing food costs. As was the case in Minneapolis, shoppers were asked to call council members to express opposition to the plan. Once again, the move apparently backfired. Long said his office received 15 calls in response to the flier yesterday, all in favor of the ordinance. "That tells me the industry is misreading what the consumers want by continuing to push for plastic packaging on food shelves," he said. "People want the option of buying glass and alumi- num." Or, as the lobbyist Spano said, "It's pretty easy to get people to dislike plastic. It's a pejorative word" Staff writer Anthony Lonetree con- tributed to this article. Sunday/ April wiM /Star Tribune orates say plastics tare -,. Opponents, who include grocers, plastic- foam - product makers and the soft -drink industry, argue that local ordinances would create an adminis- trative nightmare and some rural leg- islators agree. But Sen. John Marty, DFL Roseville• argued that exceptions would be made for packages that have no sub- stitute, such as that dinner trays, and for plastic soda bottles and milk jugs, provided the cities include them in curbside recycling programs. The Twin Cities health commission- ers would be empowered to make other exceptions, for example, if ac- ceptable packaging would put a com- pany at a clear economic disadvan- tage. A. o e Cn \N�bRPOMt�O� IBee REPORT /RECOMMENDATION To: Mayor & City Council From: Francis Hoffmarl)A City Engineer / //J Date: 17 April, 1989 Subject: W. 76th Street - Edinborough Way to France Avenue - Reconstruct Street in Centennial Lakes Project Area Agenda Item # VII. F. Consent ❑ Information Only ❑ Mgr. Recommends To HRA 0 To Council Action Motion 0 Resolution ❑ Ordinance ❑ Discussion Recommendation: - A. Authorize project for Improvement BA -289 Permanent Street Surfacing with Concrete Curb and Gutter, Sidewalk,; Landscaping, Lighting and Bridge on 76th Street from Edinborough Way to France Avenue. B. Authorize a resolution for NO PARKING ANY TIME for both sides of West 76th Street. Info /Background: This project is a reconstruction of West 76th Street as the street is realigned through the Centennial Lakes project. The project consists of: - Permanent Street Surfacing with Curb and Gutter - Landscaping in Medians and Boulevards - Street Lighting - Ornamental - Bridge over Transitway and Waterway - Sidewalk The estimated cost for this project including engineering and capitalized interest is $1,503,963.00. Approximately $900,000.00 would be municipal state aid gas tax funds with the balance of the project costs to be assessed against all Phase I properties. This project is petitioned by the developers and HRA for the Centennial Lakes project. The staff finds these projects to be feasible and recommends approval of the project and a NO PARKING ANY TIME resolution as required by state aid standards. RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 120 - 136 -08 FROM CSAH 17 (FRANCE AVENUE) TO EDINBOROUGH WAY IN THE CITY OF EDINA, MINNESOTA THIS RESOLUTION, passed this 17th day of April, 1989, by the City of Edina in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City ", WITNESSETH: WHEREAS, the City has planned the ,improvement of MSAS 136 (W. 76th Street) from CSAH 17 (France Avenue) to Edinborough Way; and WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City shall ban the parking of motor vehicles on both sides of MSAS 136 (W. 76th Street) at all times. DATED this 17th day of April, 1989. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of April 17, 1989 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 15th day of May, 1989. Marcella M. Daehn City Clerk e lose tA REPORT /RECOMMENDATION To: KEN ROSLAND, MANAGER Agenda Item # yIII.A From: MARCELLA DAEHN, CLERK Consent ❑ -]� .S) - Information Only ❑ Date: APRIL 13, 1989 Mgr. Recommends ❑ To HRA Subject: PETITION FROM RESIDENTS E To Council OF VALLEY VIEW DRIVE AND VIRGINIA AVENUE Action El Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: That the petition from residents of Valley View Road and Virginia Avenue concerning drainage be referred to the Engineering Department for processing. Info /Background: Attached is a copy of a letter from Albert Meyer, Jr. and a petition signed by residents of Valley View Road and Virginia Avenue regarding a drainage problem existing at the intersection of Valley View Road and Virginia Avenue. Our usual procedure is to refer the petition to the Engineering Department for processing and recommendation. du���L .0,,,re4 Albert Meyer Jr. 4713 Valley View Rd. Edina, Minnesota 55424 0� ';?, 'e� "�/` bp cfv� a 6 U v Albert Meyer Jr. 41713 Valley View Rd. Edina, Minnesota 55424 G�rti�. C vvPl�" av valo- lee 4��v 2� > > &N, I/a& i/"w- /�0d, y �e /i ZdI 0/1 �C r Y4�CCr xcceiel Albert Meyer Jr. 4713 Valley View Rd.. Edina, Minnesota 55424 G� GFif�G��'�f (J�GG2. L Zwe L a-e jee6l V w i X &v- zaw 2t (5t as 0-5- ywo Aa'v&v1 Iu&-p/ died 2 l ltaa� y the ?&W,' L� �' �, �i��; � /�41 A 7 1 Albert Meyer Jr. 4713: Valley View Rd. Edina, Minnesota 55424 vu Illy V d r am Zf Wit . Au, 41 "Qa,/ %4 ,?-,31 - X9 �.a -ter 2 -V -� -f9 -a V 099 y -9- 89 �6- Gry ro r��A /.UA66- �Dt%[E�I,'•S cT� /S7YA' A ' Ar iAW VA4 e7k6W WA 1�%2riv�� 4,sxwr 144mE- X7/3 b� 1/,CPiv �cI 14117a Ave l't c/ 11717 all, 11170 F 7-4 A. 7 toss A. HAWLC -1 -30p U 14 AIV Le- y 0-4 , IN VALL lVfm;-4 VAu,LF4 View R-1 0?7 - Y03 9 7 9yr3 7- 6 ,6 77 qao - S 1'lS Q2v - 517s DOTE: LAST TWO S wiA z )4AU(= ffz//LnVD W - tHlr-ttZ NAMUTS' 5104: 'M& --t/ 14avG7 tFxpaeSsCb Pr- tnou,,L� Try t i rZ De5;2i rO RAut_ l~djpA Coou2,-,-LT -MeF Gxt5T(A.=6 4:wDtnov. �.PiS. a!k aaIi.G' - L17c7_'.S�E7�5 PETITION "'TO:' THE HONORABLE COUNCIL'OF 'THE CITY OF EDINA. The undersigned owners.o.f..the_ property at-4711 Meadow Road, which abuts France Avenue at the rear, hereby petition for a recommended wall to retain fill on the right -of -way of France Avenue to curb level at the rear of the property. This would correct and complete the previous improvement of France Avenue and reasonably protect the above - described premises in the following manner: 1. To prevent the present inadequate and steeply sloped west. shoulder of France Avenue from further eroding against the existing private fence and into the yard at the rear of 4711 Meadow Road; 2. To prevent the accumulation in the crevice (ditch) of street -swept sand, paper, bottles, cans, and other dan- gerous and unsightly debris which the steep slope makes extremely difficult, if not impossible, for the home- owners or city to control or remove; 3. To prevent further damage to homeowners' existing privacy fence by plowed, frozen salt, sand, and ice over the steep shoulder through and under the fence into the yard at the rear of 4711 Meadow Road; 4. To eliminate the dangerous crevice created by the un- completed shoulder slope against the homeowners' existing fence that was reasonably necessary to screen the yard from noise, dirt, and street traffic of over 14,000 vehicles daily. (This is the shortest, furthest below - grade backyard on the block due to the curve of Meadow Road and required front setback); and 5. To prevent the piling and accumulation of heavy plowed and melting snow in the crevice against the fence and to prevent heavy slush (plowed at high speed) from continu- ing to strike and knock down sections of the existing private fence. For the portion of the requested retaining wall which is necessary to: (1) permit creation (by fill) of a normal shoulder sloping toward the street at a typical (1/2 inch per foot) incline to permit gutter dispersal of-melting snow and heavy-rainfall, and (2) create a buffer to catch and retain ..the .plowed:,snow .and..slush, we request payment from the state highway or Edina general road funds as an uncompleted, inadequate prior highway or street im- provement. We request, and would willingly pay a reasonably appro- priate portion of the additional cost of, an extension (to the approximate existing fence height) of the retaining wall above the 3 feet or 4 feet probably necessary to catch and accumulate the snow, slush, and debris plowed or swept from*the street. (We understand that rear yard and side yard improvements which have some special benefit are sometimes assessed at one -third of actual cost.) This extension of the retaining wall to a height about equal to the height of our existing 6 foot fence has some public benefits. It would permit a capping of the area between the top of the existing fence and the top of the retaining wall for safety purposes. The retaining wall of equal height to the fence would avoid creation of a "steps situation from the retaining wall to the existing fence. Similar height would also help preserve the continuity of the existing fence line with similar rear yard screening fences all along this block -long entry way to the 50th and France area. Importantly, it would provide some protection from the increased nighttime bus and truck travel in the abutting southbound lane where parking will now be banned incident to the new France Avenue plan. - 2 - The requested extension -of .the proposed retaining -wall could ":be 'easily : accomplished -Vith '2 •to '3 fopt 'longer posts and ;the addition of . 2 _. to .3 feet of-the same-or-similar but lighter fence boards between the tops of the extended posts. CONCLUSION We have, to the best of our ability, through the diffi- cult and expensive (5 inch x 6 inch - 18 foot creosoted posts and two tier white cedar stockade) fencing on our property, created a reasonably aesthetic resolution of the improper slope problem and proximity to this heavily traveled highway. This, with.the guard- rail to help prevent recurrence of the two incidents of house damage from vehicles accidentally coming down the slope, has taken care of part of the slope problem. The additional safety, im- provement of street and boulevard maintenance, and protection of our existing fence, which would be created by a level shoulder to eliminate the drop at least to the property line, seems well within your scope of review at this time and is an appropriate public improvement. The only time this can be economically and feasibly constructed with anchors under the street is now when this major reconstruction has been undertaken. RESPECTFULLY SUBMITTED, .S/ Kathryn Schmid See, PHOTOS (7) and following enclosures: Survey, 4711 Meadow Road Plat, 4700 Block Aerial Photo, 4700 Block Connor Schmid 4711 Meadow Road Edina, Minnesota (Lot 11, White Oaks 5th Addn.) 922 -4711 - 3 - April 14, 1989 N Scale: 1" =20' O O w I 7415 WAYZATA BLVD. '� MINNEAPOLIS, MINNESOTA Eg'Sai. 117j y� Survey for COINER F. SCHh11D 1 23. ., 1^ i i t I t V5 I a t Q Q U Uj V Z Q i fy I � 1 - cf. car vra, v.ro Clt r . *. N N DESCRIPTION: Lot 11, WHITE OAKS 5TH ADDITION oehereby certify the land above that this is a true and correct reoresentation described and of the location of all buildings, of a survey of the boundaries if any, thereon, visible encroachriients, if any, from or on said land. and all Dated this 1___ a t I, day of 1973 , E G A N, F I E L D & N 0 W A K, I NC. Book No. Surveyors File MO. 3779 2010 -39 b y 0 w . ....... 47TH ST W r y• ;a o .�.A�► •o �1 • 01 SU°D ^ L 1 aai Am ;i (34) Q- 60 < t431 12.31 15 1.1 (42) 703 (35) �_ _ N e 0�V �0 (36) 11 I (40 ) i V (39) 709 J L--� • a� (62)1 e (15) 711 ( 26 ) 1 IIti - 10 (27) 16.93. n Z 19 (64) my ll - (28) ;60) 14 C e l'. a (65) 13 3.1 30 ) 1 11 717 (66) (3�) w . ....... ..`� � = c 4 44800 ei�rlrf Iva,rs Iry o .�.A�► 1/ O I ;i 70 1° w � = c 4 44800 ei�rlrf Iva,rs Iry o .�.A�► 1/ O I -try--- re STORM SEWER DISTRICT BOUNDARY HcNNEPIN COUNTY, MINNESOTA BUREAU OF PUBLIC SERVICE SCHOOL DISTRICT BOUNDARY DEPARTMENT OF PROPERTY TAX 'RSHED DISTRICT BOUNDARY AND PUBLIC RECORDS .. _I <EMENT BOUNDARY SURVEY DIVISION 41 Fol: 1,P V A f+' -A —7r ✓ -zt r orw q� 07 !V: 1�1 pl, a -31 LNF- jT. 41V i g� -c- A7 VI IL A lvn .mal 4j, I.I., A �RR Vill; t7, F.-K O age yam A4 A f -0- ado 0 � * /- wzlw 4L& 04 dLOILA ,o-t# -- ' - - FA MIA 10 wr_ wqo"Oo� Ida& Flo ot ~_ CPO �� Agenda Item IX.A The Roseville Citizens Council for Fair and" Open Government March 27, 1989 Mayor Fred Richards City of Edina 4801 West 50th Street Edina, MN 55424 Dear Mayor Richards: Recent actions by elected officials -in Roseville have raised some concerns about the adequacy of enabling legislation for plan B cities. A citizens group has been formed and as chair of the legislative committee and former mayor of Roseville, I am seeking input on improvement of local government enabling statutes. Specifically, the following issues are now being researched for possible consideration as a special or plan B legislative amendment: 1. City Manager Hiring /Dismissal - present law only provides that if the manager is fired by the City Council, the manager may request written charges and a public hearing. There may be a need to prescribe the conditions for dismissal and the process to be followed. The hearing process has some weaknesses. Most notably, in the absence of quidelines, the hearing can degenerate in unsubstantiated name calling. Besides spelling out some guidelines, provision for requesting an independent convener should be provided. It might also be appropriate to provide for arbitration in the event of a dispute. The plan B form of government vests a great number of powers in the City Manager. The manager obviously must have the confidence and support of the Council to carry out these functions. It might be reasonable, therefore, to require (as in land use and zoning changes), that a 2/3 vote be required for hiring and dismissal. Finally, specific authority may be given to the City Council to pay any City Manager legal fees that the Council determines to be appropriate. 2. Council Member Sanctions - present law states that council members may not publicly or privately direct staff except through the City Manager. However, no sanctions are provided non profit tax exempt P.O. Box 13879 Phone 887 -1976 1.11 � A•�. Mayor Richards - page i within the Plan H statute for violating that provision. Other provisions of the statutes may apply, but they should be directly applied to this situation. A law without sanctions leaves room for abuse. For example, the Open Meeting Law provides that three violations requires forfeiture of office. 3. Recall of Council Members - Present law only provides for fillinq vacancies created by resignation, health, residency, etc. Case law suggests that recall provisions can only apply to misfeasance and malfeasance in office as provided in other statutes. If that remains the only available option, the tying of removal to misfeasance or malfeasance may be an appropriate modification. 4. Ethical practices - Statutory provisions regarding confli_(_t of interest are useful partial quidelines to elected official ethical behavior. However, in a time of increasing mistrust of public officials, some permission or encouragement or requirement for establishment of a local code of ethical conduct miqht warrant consideration. There are probably other Plan H amendments which are of intere,.:�t to your community. That is the purpose of this letter. o Does your community have modifications to the plan H enabling legislation that warrant consideration'' o Is your community interested in endorsing amendments to the statute alonq the lines presented above? o Would you oppose efforts to amend the law as outlined above? Thank you for your consideration of these issues. Si eels, + Donn R. Wiski Chair Roseville Citizens Council Legislative Committee cc: City Manager, Kenneth Rosland o e 4 t4 ch •'N�bRPORPS�O • lase REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item # XII. A From: KENNETH ROSLAND Consent CITY MANAGER Information Only Date: APRIL 17, 1989 Mgr. Recommends ❑ To HRA Subject: El To Council BOND REFUNDING PROPOSAL EDINA PARK PLAZA Action ❑ Motion Resolution ❑ Ordinance ❑ Discussion Recommendation: Adoption of the attached resolution. Info /Background: Please see the Proposal attached with is self- explanatory. Mr. Hyatt will be present April 17, 1989, to speak to this proposal. Agenda Item XII.A CERTIFICATION OF MINUTES RELATING TO HOUSING DEVELOPMENT REFUNDING REVENUE BONDS Issuer: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on April 17, 1989, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION RELATING TO A DEVELOPMENT AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C; PROVIDING FOR APPROVAL OF DOCUMENTS AND ISSUANCE AND SALE OF HOUSING DEVELOPMENT REFUNDING REVENUE BONDS, AND CALLING FOR A PUBLIC HEARING I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation 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 governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting,.so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this _ day of 1989. Signature (SEAL) Marcella M..Daehn, City Clerk RESOLUTION NO. RESOLUTION RELATING TO A DEVELOPMENT AND ITS FINANCING UNDER MINNESOTA STATUTES, CHAPTER 462C; PROVIDING FOR APPROVAL OF DOCUMENTS AND ISSUANCE AND SALE OF HOUSING DEVELOPMENT REFUNDING REVENUE BONDS, AND CALLING FOR A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: Section 1. Recitals and Findings. 1.1. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. 1.2. The City has heretofore developed and, after due notice and public hearing, has adopted a housing plan (the "Plan ") under the Act. The Plan sets forth, among other things, the housing needs of the City and methods for meeting such needs. 1.3. The Act provides that the City may plan, administer and make or purchase a loan or loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act, upon adoption of a program setting forth the information.required by Subdivision 6 of Section 462C.05 of the Act, after a public hearing thereon, and upon approval by the Minnesota Housing Finance Agency (the "Agency "), as provided by Section 462C.01 of the Act, on the basis of the considerations stated in Section 462C.04 of the Act. 1.4. This Council has heretofore received a proposal that the City finance the cost of a multifamily housing development under the Act, consisting of acquisition of land located at 7800 York Avenue in the City and the construction and equipping thereon of a residential rental facility containing approximately 203 housing units and including functionally related and subordinate facilities (the "Development "). 1.5; The City has heretofore caused to be prepared and, after due notice, public hearing and submission for review. and comment, has. adopted a program (the "Original Program ") -2- under the Act relating to the Development. The Original Program, as adopted on June 17, 1985, has been submitted to the Minnesota Housing Finance Agency in accordance with Section 462C.05 of the Act for approval as provided in Section 462C.01 on the basis of considerations stated in Section Section 462C.04 of the Act, and is deemed approved under the.provisions of said Section 462C.04, Subdivision 1. 1.6. Pursuant to the Original Program, the City has heretofore issued and sold its Housing Development Revenue Bonds (FHA Insured Mortgage Loan - Edina Park Plaza Project), Series 1985 (the "Prior Bonds ") , and has used the net proceeds of the Prior Bonds to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer ") , to finance the acquisition, construction and equipping of the Development.' The mortgage loan has been endorsed for mortgage loan insurance by the Federal Housing Administration of the United States Department of Housing and Urban Development. 1.7. Pursuant to covenants and restrictions entered into in connection with the Prior Bonds, the Development is required to be occupied for a specified period of time primarily by elderly persons and in part (at least 20 %) by persons and families of,low and moderate income. 1.8. The construction and equipping of the Development have been completed, and the Development has been partially leased. Initial leasing projections have not been met, however, and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 1.9. This Council has received a proposal from the Developer that the City refinance the cost of the Development by issuing its refunding revenue bonds in one or more series (the "Bonds "), for the purpose of refunding and redeeming the outstanding Prior Bonds, in connection with a proposed amendment of the mortgage loan heretofore made to the Developer and subject to agreement by the Developer to pay promptly amounts sufficient to pay debt service on the Bonds. 1.10. The City has caused to be prepared an amended program (the "Amended Program ") under the Act, pursuant to which it is proposed that the City issue the Bonds in one or more series and in a maximum aggregate amount of $17,500,000 to refund and redeem the Prior Bonds in connection with the proposed amendment of the mortgage loan and the refinancing of the Development. 1.11. The City has been advised by the Developer that conventional commercial financing is available to refinance -3- capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing the operation of the Development can be made more economically feasible. 1.12. This Council has been advised by representatives of the Developer and Dain Bosworth Incorporated, of Minneapolis, Minnesota (the "Underwriter "), that on the basis of information available to them and their discussions with the Developer and potential purchasers of tax- exempt bonds, the Bonds could be sold at favorable rates and terms to refinance the Development. 1.13. The full faith and credit of the City will not be pledged to or responsible for the payment of the principal of, premium, if any, or interest on the Bonds. 1.14. The City has received drafts of a Trust Indenture, a Financing Agreement, and a Bond Purchase Agreement (collectively, the "City Financing Documents ") and a draft Preliminary Official Statement (the "Preliminary Official Statement ") in connection with the proposed issuance and sale of the Bonds, and has placed such documents on file in the office of the City Clerk. 1.15. It is hereby found, determined and declared, subject to the provisions of Section 2.6 of this resolution, as follows: (a) The Development will constitute a multifamily development under Section 462C.02, Subdivision 5 of the Act. The City is authorized to develop and finance the Amended Program by the authorization, issuance and sale of refunding revenue bonds or obligations payable solely from the revenues of the Amended Program and the Development. The purpose of the Development is and its effect will be to promote the public welfare and preserve the quality of life in the City.by helping to maintain, provide and preserve adequate housing stock within the City and to assist persons of low and moderate income, or elderly persons, or both, to obtain decent, safe and sanitary housing within the City. (b) Based upon representations by the Developer and its general partner, financing for the Development is not otherwise available to the Developer from private lenders upon terms and conditions which are affordable by the Developer, such financing being available only at a rate which, when combined with the cost of'operating the Development as well as noneconomic factors, would impair the feasibility of the Development; the general partner of the Developer expects that the revenues to be produced by the rental of units in the Development will be sufficient to meet payments when due on the amended mortgage loan. (c) On the basis of the information given the City to date, it appears that it would be desirable for the City to issue the Bonds under the provisions of the Act in the maximum aggregate principal amount of approximately $17,500,000 to refinance the Development and, in connection with the acquisition of the amended mortgage loan, to refund and redeem the Prior Bonds. Section 2. Approval and Authorization. 2.1. The Amended Program is hereby approved, and it is hereby found and determined that it is not necessary to cause the Program to be submitted to the Agency for review and approval pursuant to Section 462C.04, Subdivision 2 of the Act. 2.2. Subject to the provisions of Section 2.6 of this resolution, it is hereby determined that it is desirable for the City to proceed with the issuance of the Bonds in an aggregate principal amount not to exceed $17,500,000, bearing interest at a rate per annum not to exceed 9.00 %, maturing not later than December 1, 2030, and bearing the further terms and conditions set forth in the Trust Indenture heretofore filed with the City (as the same may be amended or completed as hereinafter provided), and the execution and issuance of the Bonds is hereby approved subject to the provisions of said Section 2.6. Subject to the provisions of said Section 2.6 and this Section 2.1, authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate principal amount of Bonds of each series to be issued, the maturities thereof and the rate or rates of interest payable thereon, and to cause the Bonds to be executed, authenticated and delivered as provided in the Trust - Indenture hereinafter approved. 2.3. Subject to the provisions of Section 2.6 of this resolution, the sale of the Bonds to the Underwriter is hereby approved. Subject to the provisions of Section 2.6 of this resolution, the form of the Bond Purchase Agreement heretofore filed with the City is hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City,'to execute the Bond Purchase Agreement in substantially the form hereby approved, but including such changes and completions thereof as may be approved by the 167C Mayor, the City Manager and the City Attorney, the execution thereof to constitute conclusive evidence of the approval of such changes and completions. Authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate purchase price of the Bonds, provided that the aggregate compensation to the original purchaser of the Bonds (whether in the form of a discount, fees or other compensation) shall not exceed an amount equal to 3.00% of the aggregate principal amount of the Bonds. 2.4. Subject to the provisions of Section 2.6 of this resolution, the forms of the City Financing Documents heretofore filed with the City are hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute the Trust Indenture and the Financing Agreement in substantially the form hereby approved, but including such modifications, insertions and . additions as are necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. The Mayor and the City Manager of the City are hereby further authorized to execute such additional agreements, documents and certificates in connection with the Bonds as may be necessary.and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. Copies of the Trust Indenture and the Financing Agreement and any such additional agreements, documents and certificates, when executed, shall be delivered, filed and recorded as provided therein. The execution of any of the City Financing Documents and any such additional agreements, documents and certificates by the appropriate officers of the City shall be conclusive evidence of the approval thereof by the City. 2.5. Subject to the provisions of Section 2.6 of this resolution, the distribution of a preliminary official statement and a final official statement with respect to the Bonds to prospective purchasers, in substantially the form heretofore filed with the City and with such changes, insertions, omissions and revisions as the Mayor, City Manager and City Attorney shall deem advisable, and the use thereof by the Underwriter in connection with the offering of the Bonds are hereby authorized and approved. 2.6. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or its City Council to issue or to cause the issuance of the Bonds or execute or deliver the City Financing Documents. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction or required by the City or the Housing and Redevelopment Authority of Edina, Minnesota in connection with the transaction. All details of the issuance of the Bonds and the provisions for.payment thereof shall be subject to any required review and approval of the Amended Program and may be subject to such further conditions as the City may specify. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues of the Development specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the principal thereof, premium, if any, and interest thereon are payable solely from the revenues of the Development and property specifically pledged under the revenue agreement to the.payment'thereof, and shall not constitute a debt of the City within the meaning'of any constitutional or statutory limitation. All of the findings and approvals contained in Sections 1 and 2 of this resolution are subject to review and confirmation by this Council following the public hearing called pursuant to Section 3 of this resolution, and to the final approval by resolution of this Council of the issuance of the Bonds and the execution and-delivery of related financing documents. Section 3. Public Hearing. 3.1. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, require that, prior to the issuance of the Bonds, this Council approve the Bonds after conducting a public hearing thereon. A public hearing on the proposal to finance the Amended Program through the issuance of the Bonds is hereby called and shall be held on Monday, May 1, 1989, at 7:00 o'clock P.M., at the City Hall. 3.2. The City Clerk shall cause notice of the public hearing to be published in the Minneapolis Star and Tribune, a newspaper of general circulation in the City, at least once not less than fifteen (14) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: -7- (Official Publication) CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City, of Edina, Minnesota (the "City "), will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota, on Monday, May 1, 1989 at 7:00 p.m. to hold a-public hearing on the proposed issuance of one or more series of refunding revenue bonds in a maximum aggregate principal amount of approximately $17,500,000 pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), to refinance an existing multifamily housing development to be occupied primarily by elderly persons (the "Project ") . The Project consists:of an apartment building containing approximately 203 rental housing units and including functionally related and subordinate facilities, is located at 7800 York Avenue in the City and is owned by Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership. Any bonds or obligations of the City issued to refinance the Project will be payable solely.from the revenues o.f the development and shall not constitute a debt of the City. All interested persons may appear at the hearing and present their views on the proposed issuance of the refunding revenue bonds. Interested persons may also submit written comments to the City Manager prior to the date set forth above .for the public hearing. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn, City Clerk Attest: (SEAL) Adopted this 17th day of April, 1989. Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. City of Edina, Minnesota, AMENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. The City of Edina, Minnesota (the "City ") has heretofore issued its $17,622,800 Housing Development Revenue Bonds (FHA Insured Mortgage Loan -Edina Park Plaza Project), Series 1985, originally dated as of October 1, 1985 (the "Prior Bonds "), the proceeds of which were used to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer "), to finance the acquisition, construction and equipping of a multifamily residential rental facility, including functionally related and subordinate facilities (the "Development "), for occupancy primarily by elderly persons and in part by persons and families of low and moderate income. The Development is located at 7800 York Avenue in the City, and contains approximately 203 housing units, at least 20% of which will be rented to persons of "low and moderate income, under §103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. Initial leasing of the Development has not met projections and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 2. Representatives of the Developer have requested that the City issue.one or more new series of refunding revenue bonds under the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), in a maximum aggregate principal amount of approximately $17,500,000 to refinance all or a portion of the Development and refund and redeem all or a portion of the Prior Bonds. Title to the Development would remain in the Developer, and the net proceeds of the refunding revenue bonds would be distributed to the owners of the Prior Bonds. The Developer would continue to own and operate the Development as a multifamily housing facility for rental primarily to elderly persons and in part to persons of low and moderate income, pursuant to existing covenants and restrictions heretofore entered into in connection with the Prior Bonds. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock throughout the City for persons residing in the City, including persons of low and moderate income. The Development to be refinanced pursuant to this Program has assisted or will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, and (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The Development will be a "multifamily housing development within the meaning of Subd. 5 of §462C.02 of the Act, undertaken pursuant to Subd. 4 of §462C.05 of the Act. The income limitations set forth in Subd. 2 of §462C.05 of the Act will not apply to the Development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 469 (formerly Chapter 462). In addition, as discussed in paragraph 1-of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located_, currently approximately $33,850. 5. To refinance the Development and refund and redeem the Prior Bonds, the City intends to issue its refunding revenue bonds pursuant to the Act, in one or more series and in a maximum aggregate principal amount of approximately $17,500,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to pay debt service on the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and any other sources.specifically pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. -2- o e t` \ RP0"I BeB REPORT /RECOMMENDATION To: MAYOR AND COUNCIL Agenda Item # xII. A From: KENNETH ROSLAND Consent ❑ CITY MANAGER Information Only ❑ Date: APRIL 17, 1989 Mgr. Recommends ❑ To HRA Subject: El To Council BOND REFUNDING PROPOSAL EDINA PARK PLAZA Action ❑ Motion Resolution ❑ Ordinance ❑ Discussion Recommendation: Adoption of the attached resolution. Info /Background: Please see the Proposal attached with is self - explanatory. Mr. Hyatt will be present April 17, 1989, to speak to this proposal. r .f'i1 U U-11 Edina Park Plaza OF ED IN 6 OR O U G H An ActiveLifeTM Retirement Community April 13, 1989 The Honorable Fred Richards Mayor, City of Edina 4801 W. 50th St. Edina, MN 55424 Re: Dear Mayor Richards: Edina Park Plaza Bonds - Refunding I thought it would be useful to provide you with some background information and to summarize the major features of the proposed refunding of the Edina Park Plaza bonds as described below. A. Status of Edina Park Plaza 1. Approximately 75% occupied and 80% leased. 2. Net gain in leased apartments in 1988 -- 38 apartments. 3. Net gain in leased apartments in 1989 -- 20 apartments. 4. No rent increases since early 1988 and none anticipated for the first half of 1989. 5. Garage utilization at about 40% of available spaces. 6. Average age of residents -- 80+ years. 7. Severely overbuilt elderly housing market with over a four year inventory of apartments. Major vacancy and financial stress at competitive projects in Edina, St. Louis Park, Hopkins, Bloomington, and Richfield. Almost all of these projects were constructed after the completion of Edina Park Plaza. Most of the projects were financed from "junk" revenue bond issues in 1986 -87, and entered the market in 1988 and 1989. 8. This depressed market has resulted in slow rent ups, large vacancies, depressed rent and sales levels, and large marketing budgets for all elderly projects in the market place, including older, established projects. Edina Park Plaza • Edinborough • 3330 Edinborough Way • Edina, Minnesota 55435.612/830 -0909 - 2 - 9. Edina Park Plaza has attempted to avoid self- defeating rent reductions and concentrated on creating the finest product in the market place. we have added services, including extensive personal care /health service options, doorman /bellman and concierge service, and expanded dining and social programs. 10. Actual cash operating losses since first occupancy is well over $2,000,000. This figure does not include the equity required for the mortgage and to complete the construction and other partnership expenses. We have substantially exceeded all lender and investor requirements to fund operating deficits, and without the benefits of the bond refunding, over a $500,u00 operating deficit is projected for 1989. The refunding of the bonds is a financial necessity. The alternative is a mortgage assignment and financial workout with the mortgage insurer -- FHA /HUD. Foreclosure by HUD is possible if a workout agreement is not reached. Obviously, we want to avoid this federal intervention. (I hope this sensitive financial information will be kept confidential.) B. The Bond Refunding 1. The original bonds were sold in 1985 at almost the high point of interest rates during the year and interest rate cycle, resulting in a mortgage interest rate of 10.5 %. 2. We are only able to pay off the old bonds and issue new bonds because of the existing default on our mortgage, but the sale of the new bonds, the refunding, will enable us to cure the default. 3. The old bond holders will be paid off 100% of the bond principal and interest. The Edina Park Plaza bonds, both the old and new, are rated bonds providing security to the bondholders for 100% of the face amount of the bonds in the event of default, except for a small portion of the bonds to be purchased by one or more of the partners. In other words, these are not junk bonds. While the old bonds were sold largely to the public, the new bonds will be sold to large institutional investors. 4. The new bonds will result in a mortgage interest rate of about 9.10%. This will reduce mortgage payments by about $230,000 per year. This interest rate when combined with the FHA service fee is still higher than housing revenue bond transactions completed for competitive projects in 1986 and 1987. The refunding will cost us Edina Park Plaza • Edinborough • 3330 Edinborough Way • Edina, Minnesota 55435 •+5121$30 -0909 r 3 — approximately $300,000 in out of pocket expenses. It's not free. In other words, the refunding does not give us any special competitive edge. 5. 12 additional City assistance, guarantees, subsidies, assessment agreement relief, park fee relief, etc. is being requested. The Interest Reduction Assistance Loan would stay in place with I2 increase requested, although the HRA has the right to terminate this assistance. An HRA vote will be required to continue this assistance. In summary, the City's financial exposure will not increase at all from this transaction. In fact, the City's position is improved since the refunding will enhance the financial standing of the project which provides more security for the City's second mortgage, park and tax assessment agreements, etc. 6. No change of ownership or management is anticipated or contemplated as part of this refunding. 7. While we will still be required to maintain at least 20% moderate income occupancy, we are not seeking any form of federal or state rent subsidies or other financing assistance, and there are no new occupancy requirements. S. The new bonds are still revenue bonds and there is no City guarantee or liability for repayment. In summary, the essence of the bond refunding is that it reduces the mortgage interest rate and from a city /HRA standpoint, it changes nothing else from the original transaction. From our standpoint, the refunding eases a tremendous financial burden resulting primarily from severely overbuilt market conditions which should improve in the intermediate term. We remain optimistic about the financial soundness of Edina Park Plaza after the refunding is accomplished. It is already a success as a first rate development with first class services to the elderly. We will continue to provide a development image and management program which reflects the quality of life in Edina and the Edinborough community. I would appreciate it if this matter could be treated as delicately as possible at the Council meeting. Adverse publicity which reaches our residents and the local senior community could cost us much more than the savings from this transaction. We have not and will not cut back on the quality of our services and programs delivered at Edina Park Plaza. This would be self - defeating. Your understanding will be appreciated. Edina Park Plaza • Edinborough • 3330 Edinborough Way - Edina, Minnesota 55435.61 21830 -0909 ., . ., ,. ., ..:- ,fir.., -,.. t. ,... u. x,.. ,..•,. .•,. �" . .......... .. . ice„:,,:, .t .: 'I•..i .i,i y,: ,. .. , .. . ...: : >, YT':i .. .In n�..rrA Ml' taiv.)..;.e TK.yMMPSrblvanM!M' hN.fYS.t . F 4 r I will, of course, be at the City Council meeting to answer any questions and address any concerns. Please feel free to call me prior to the meeting if you need any additional information or if I can be of other assistance. Siincerely, / s Henry Hyatt Executive Vice President Edina Park Plaza • Edinborough • 3330 Edinborough Way • Edina, Minnesota 55435.6121830 -0909 Agenda Item XII.A CERTIFICATION OF MINUTES RELATING TO HOUSING DEVELOPMENT REFUNDING REVENUE BONDS Issuer: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on April 17, 1989, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): c� RESOLUTION NO. RESOLUTION RELATING TO A DEVELOPMENT AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C; PROVIDING FOR APPROVAL OF DOCUMENTS AND ISSUANCE AND SALE OF HOUSING DEVELOPMENT REFUNDING REVENUE BONDS, AND CALLING FOR A PUBLIC HEARING I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation 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 governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting,.so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of , 1989. Signature (SEAL) Marcella M. Daehn, City Clerk RESOLUTION NO RESOLUTION RELATING TO A DEVELOPMENT AND ITS FINANCING UNDER MINNESOTA STATUTES, CHAPTER 462C; PROVIDING FOR APPROVAL OF DOCUMENTS AND ISSUANCE AND SALE OF HOUSING DEVELOPMENT REFUNDING REVENUE BONDS, AND CALLING FOR A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: Section 1. Recitals and Findings. 1.1. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell.revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. 1.2. The City has heretofore developed and, after due notice and public hearing, has adopted a housing plan (the "Plan ") under the Act. The Plan sets forth, among other things, the housing needs of the City and methods for meeting such needs. 1.3. The Act provides that the City may plan, administer and make or purchase a loan or loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act, upon adoption of a program setting forth the information required by Subdivision 6 of Section 462C.05 of the Act, after a public hearing thereon, and upon approval by the Minnesota Housing Finance Agency (the "Agency "), as provided by Section 462C.01 of the Act, on the basis of the considerations stated in Section 462C.04 of the Act. 1.4. This Council has heretofore received a proposal that the City finance the cost of a multifamily housing development under the Act, consisting of acquisition of land located at 7800 York Avenue in the City and the construction and equipping thereon of a residential rental facility containing approximately 203 housing units and including functionally related and subordinate facilities (the "Development "). s 1.5. The City has heretofore caused to be prepared and, after due notice, public hearing and submission for review and comment, has adopted a program (the "Original Program ") -2- under the Act relating,to the Development. The Original Program, as adopted on June 17, 1985, has been submitted to the Minnesota Housing Finance Agency in accordance with Section 462C.05 of the Act for approval as provided in Section 462C.01 on the basis of considerations stated in Section Section 462C.04 of the Act, and is deemed approved under the provisions of said Section 462C.04, Subdivision 1. 1.6. Pursuant to the Original Program, the City has heretofore issued and sold its Housing Development Revenue Bonds (FHA Insured Mortgage Loan - Edina Park Plaza Project), Series 1985 (the "Prior Bonds ") , and has used the net proceeds of the Prior Bonds to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer "), to finance the acquisition, construction and equipping of the Development. The mortgage loan has been endorsed for mortgage loan insurance by the Federal Housing Administration of the United States Department of Housing and Urban Development. 1.7. Pursuant to covenants and restrictions entered into in connection with the Prior Bonds, the Development is required to be occupied for a specified period,of time primarily by elderly persons and in part (at least 200) by persons and families of low and moderate income. 1.8. The construction and equipping of the Development have been completed, and the Development has been partially leased. Initial leasing projections have not been met, however, and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 1.9. This Council has received a proposal from the Developer that the City refinance the cost of the Development by issuing its refunding revenue bonds in one or more series (the "Bonds "), for the purpose of refunding and redeeming the outstanding Prior Bonds, in connection with a proposed amendment of the mortgage loan heretofore made to the Developer and subject to agreement by the Developer to pay promptly amounts sufficient to pay debt service on the Bonds. 1.10. The City has caused to be prepared an amended program (the "Amended Program ") under the Act, pursuant to which it is proposed that the City issue the Bonds in one or more series and in a maximum aggregate amount of $17,500,000 to refund and redeem the Prior Bonds in connection with the proposed amendment of the mortgage loan and the refinancing of the Development. 1.11. The City has been advised by the Developer that conventional commercial financing is available to refinance -3- capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing.the operation of the Development can be made more economically feasible. 1.12. This Council has been advised by representatives of the Developer and Dain Bosworth Incorporated, of Minneapolis, Minnesota (the "Underwriter "), that on the basis of information available to them and their discussions with the Developer and potential purchasers of tax - exempt bonds, the Bonds could be sold at favorable rates and terms to refinance the Development. 1.13. The full faith and credit of the City will not be pledged to or responsible for the payment of the principal of, premium, if any, or interest on the Bonds. 1.14. The City has received drafts of a Trust Indenture, a Financing Agreement, and a Bond Purchase Agreement (collectively, the "City Financing Documents ") and a draft Preliminary Official Statement (the "Preliminary Official Statement ") in connection with the proposed issuance and sale of the Bonds, and has placed such documents on file in the office of the City Clerk. 1.15. It is hereby found, determined and declared, subject to the provisions of Section 2.6 of this resolution, as follows: (a) The Development will constitute a multifamily development under Section 462C.02, Subdivision 5 of the Act. The City is authorized to develop and finance the Amended Program by the authorization, issuance and sale of refunding revenue bonds or obligations payable solely from the revenues of the Amended Program and the Development. The purpose of the Development is and its effect will be to promote the public welfare and preserve the quality of life in the City by helping to maintain, provide and preserve adequate housing stock within the City and to assist persons of low and moderate income, or elderly persons, or both, to obtain decent, safe and sanitary housing within the City. (b') Based upon representations by the Developer and its general partner, financing for the Development is not otherwise available to the Developer from private lenders upon terms and conditions which are affordable by the Developer, such financing being available only at a rate which, when combined with the cost of operating the Development as well as noneconomic factors, would impair the feasibility of the Development; the general partner of the Developer expects that the revenues to be produced by the rental of units in the Development will be sufficient to meet payments when due on the amended mortgage loan. (c) On the basis of the information given the City to date, it appears that it would be desirable for the City to issue the Bonds under the provisions of the Act in the maximum aggregate principal amount of approximately $17,500,000 to refinance the Development and, in connection with the acquisition of the amended mortgage loan, to refund and redeem the Prior Bonds. Section 2. Approval and Authorization. 2.1. The Amended Program is hereby approved, and it is hereby found and determined that it is not necessary to cause the Program to be submitted to the Agency for review and approval pursuant to Section 462C.04, Subdivision 2 of the Act. 2.2. Subject to the provisions of Section 2.6 of this resolution, it is hereby determined that it is desirable for the City to proceed with the issuance of the Bonds in an aggregate principal amount not to exceed $17,500,000, bearing interest at a rate per annum not to exceed 9.00 %, maturing not later than December 1, 2030, and bearing the further terms and conditions set forth in the Trust Indenture heretofore filed with the City (as the same may be amended or completed as hereinafter provided), and the execution and issuance of the Bonds is hereby approved subject to the provisions of said Section 2.6. Subject to the provisions of said Section 2.6 and this Section 2.1, authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate principal amount of Bonds of each series to be issued, the maturities thereof and the rate or rates of interest payable thereon, and to cause the Bonds to be executed, authenticated and delivered as provided in the Trust Indenture hereinafter approved. 2.3. Subject to the provisions of Section 2.6 of this resolution, the sale of the Bonds to the Underwriter is hereby approved. Subject to the provisions of Section 2.6 of this resolution, the form of the Bond Purchase Agreement heretofore filed with the City is hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute the Bond Purchase Agreement in substantially the form hereby approved, but including such changes and completions thereof as may be approved by the -5- Mayor, the City Manager and the City Attorney, the execution thereof to constitute conclusive evidence of the approval of such changes and completions. Authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate purchase price of the Bonds, provided that the aggregate compensation to the original purchaser of the Bonds (whether in the form of a discount, fees or other compensation) shall not exceed an amount equal to 3.00% of the aggregate principal amount of the Bonds. 2.4. Subject to the provisions of Section 2.6 of this resolution, the forms of the City Financing Documents heretofore filed with the City are hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute the Trust Indenture and the Financing Agreement in substantially the form hereby approved, but including such modifications, insertions and additions as are necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. The Mayor and the City Manager of the City are hereby further authorized to execute such additional agreements, documents and certificates in connection with the Bonds as may be necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. Copies of the Trust Indenture and the Financing Agreement and any such additional agreements, documents and certificates, when executed, shall be delivered, filed and recorded as provided therein.. The execution of any of the City Financing Documents and any such additional agreements, documents and certificates by the appropriate officers of the City shall be conclusive evidence of the approval thereof by the City. 2.5. Subject to the provisions of Section 2.6 of this resolution, the distribution of a preliminary official statement and a final official statement with respect to the Bonds to prospective purchasers, in substantially the form heretofore filed with the City and with such changes, insertions, omissions and revisions as the Mayor, City Manager and City Attorney shall deem advisable, and the use thereof by the Underwriter in connection with the offering of the Bonds are hereby authorized and approved. 2.6. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or its City Council to issue or.to cause the issuance of the Bonds or execute or deliver the City Financing Documents. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best -6- interest of the City not to issue the Bonds, or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction or required by the City or the Housing and Redevelopment Authority of Edina, Minnesota in connection with the transaction. All details of the issuance of the Bonds and the provisions for - payment thereof shall be subject to any required review and approval of the Amended Program and may be subject to such further conditions as the City may specify. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues of the Development specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the principal thereof, premium, if any, and interest thereon are payable solely from the revenues of the Development and property specifically pledged under the revenue agreement to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. All of the findings and approvals contained in Sections 1 and 2 of this resolution are subject to review and confirmation by`this Council following the public hearing called pursuant to Section 3 of this resolution, and to the final approval by resolution of this Council of the issuance of the Bonds and the execution and-delivery of related financing documents. Section 3. Public Hearing. 3.1. Section 147(f)'of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, require that, prior to the issuance of the Bonds, this Council approve the Bonds after conducting a public hearing thereon. A public hearing on the proposal to finance the Amended Program through the issuance of the Bonds is hereby called and shall be held on Monday, May 1, 1989, at 7:00 o'clock P.M., at the City Hall. 3.2. The City Clerk shall cause notice of the public hearing to be published in the Minneapolis Star and Tribune, a newspaper of general circulation in the City, at least once not less than fifteen (14) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: -7- (Official Publication) CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota (the "City "), will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota, on Monday,. May 1, 1989 at 7:00 p.m. to hold a public hearing on the proposed issuance of one or more series of refunding revenue bonds in a maximum aggregate principal amount of approximately $17,500,000 pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), to refinance an existing multifamily housing development to be occupied primarily by elderly persons (the "Project ") . The Project consists of an apartment building containing approximately 203 rental housing units and including functionally related and subordinate facilities, is located at 7800 York Avenue in the City and is owned by Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership. Any bonds or obligations of the City issued to refinance the Project will be payable solely from the revenues of the development and shall not constitute a debt of the City. All interested persons may present their views on the proposed revenue bonds. Interested persons comments to the City Manager prior for the public hearing. BY ORDER OF THE EDINA CITY COUNCIL. appear at the hearing and issuance of the refunding may also submit written to the date set forth above Marcella M. Daehn, City Clerk Adopted this 17th day of April, 1989. Attest: City Clerk (SEAL) Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. City of Edina, Minnesota- AMENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. The City of Edina, Minnesota (the "City ") has heretofore issued its $17,622,800 Housing Development Revenue Bonds (FHA Insured Mortgage Loan -Edina Park Plaza Project), Series 1985, originally dated as of October 1, 1985 (the "Prior Bonds "), the proceeds of which were used to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer "), to finance the acquisition, construction and equipping of a multifamily residential rental facility, including functionally related and subordinate facilities (the "Development "), for occupancy primarily by elderly persons and in part by persons and families of low and moderate income. The Development is located at 7800 York Avenue in the City, and contains approximately 203 housing units, at least 20% of which will be rented to persons of "low and moderate income, under §103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. Initial leasing of the Development has not met projections and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 2. Representatives of the Developer have requested that the City issue one or more new series of refunding revenue bonds under the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), in a maximum aggregate principal amount of approximately $17,500,000 to refinance all or a portion of the Development and refund and redeem all or a portion of the Prior Bonds. Title to the Development would remain in the Developer, and the net proceeds of the refunding revenue bonds would be distributed to the owners of the Prior Bonds. The Developer would continue to own and operate the Development as a multifamily housing facility for rental primarily to elderly persons and in part to persons of low and moderate income, pursuant to existing covenants and restrictions heretofore entered into in connection with the Prior Bonds. 3. The City's Housing Plan serves as a basis for the City's goal of providing a variety of housing stock throughout the City for persons residing in the City, including persons of low and moderate income. The Development to be refinanced pursuant to this Program has assisted or will assist the City in certain problems addressed 'in the Housing Plan, including (a) increasing available housing stock, and (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. 4. The Development will be a- "multifamily housing development within the meaning of Subd. 5 of §462C.02 of the Act, undertaken pursuant to Subd. 4 of §462C.05 of the Act. The income limitations set forth in Subd. 2 of §462C.05 of the Act will not apply to the Development since it.will be located within a redevelopment project area under Minnesota Statutes, Chapter 469 (formerly Chapter 462). In addition, as discussed in paragraph 1-of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater than 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently approximately $33,850. 5. To refinance the Development and refund and redeem the Prior Bonds, the City intends to issue its refunding revenue bonds pursuant to the Act, in one or more series and in a maximum aggregate principal amount of approximately $17,500,000 (the Bonds).- The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to pay debt service on the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and any other sources specifically pledged to the payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the mortgage loan or the Bonds), or by a combination of such security devices. -2- RESOLUTION RELATING TO A DEVELOPMENT AND ITS FINANCING UNDER MINNESOTA STATUTES, CHAPTER 462C; PROVIDING FOR APPROVAL OF DOCUMENTS AND ISSUANCE AND SALE,OF HOUSING DEVELOPMENT REFUNDING REVENUE BONDS, AND CALLING FOR A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows: Section 1. Recitals and Findings. 1.1 By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. 1.2. The City has heretofore developed and, after due notice and public hearing, has adopted a housing plan (the "Plan ") under the Act. The Plan sets forth, among other things, the housing needs of the City and methods for meeting such needs. 1.3. The Act provides that the City may plan, administer and make or purchase a loan or loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act, upon adoption of a program setting forth the information required by Subdivision 6 of Section 462C.05 of the Act, after a,public hearing thereon, and upon approval by the Minnesota Housing Finance Agency (the "Agency "), as provided by Section 462C.04 of the Act. 1.4. This Council has heretofore received a proposal that the City finance the cost of a multifamily housing development under the Act, consisting of acquisition of land located at 7800 York Avenue in the City and the construction and equipping thereon of a residential rental facility containing approximately 203 housing units and including functionally related and subordinate facilities (the "Development "). 1.5. The City has heretofore caused to be prepared and, after due notice, public hearing and submission for review and comment, has adopted a program (the "Original Program ") under the Act relating to the Development. The Original Program, as adopted on June 17, 1985, has been submitted to the Minnesota Housing Finance Agency in accordance with Section 462C.05 of the Act for approval as provided in Section 462C.01 on the basis of considerations stated in Section 462C.04 of the Act, and is deemed approved under the provisions of said Section 462C.04, Subdivision 1. 1.6. Pursuant to the Original Program, the City has heretofore issued and sold its Housing Development'Revenue Bonds (FHA Insured Mortgage Loan - Edina Park Plaza Project), Series 1985 (the "Prior Bonds "), and has used the net proceeds of the Prior Bonds to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer "), to finance the acquisition, construction and equipping of the Development. The mortgage loan has been endorsed for mortgage loan insurance by the Federal Housing Administration of the United States Department of Housing and Urban Development. -1- N 1.7. Pursuant to covenants and restrictions entered into in connection with the Prior Bonds, the Development is required to be occupied for a specified period of time primarily by elderly persons and in part (at least 20 %) by persons and families of low and moderate income. 1.8. The construction and equipping of the Development have been completed, and the Development has been partially leased. Initial leasing projections have not been met, however, and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 1.9. This Council has received a proposal from the Developer that the City refinance the cost of the Development by issuing its refunding revenue bonds in one or more series (the "Bonds "), for the purpose of refunding and redeeming the outstanding Prior Bonds, in connection with a proposed amendment of the mortgage loan heretofore made to the Developer and subject to agreement by the Developer to pay promptly amounts sufficient to pay debt service on the Bonds. 1.10. The City has caused to be prepared an amended program (the "Amended Program ") under the Act, pursuant to which it is proposed that the City issue the Bonds in one or more series and in a maximum aggregate amount of $17,500,000 to refund and redeem the-Prior Bonds in connection with the proposed amendment of the mortgage loan and the refinancing of the Development. 1.11. The City has been advised by the Developer that conventional commercial financing is available to refinance capital costs of the Development only on a limited basis and at such high costs of borrowing that the scope of the Development and the economic feasibility of operating the Development would be significantly affected, but with the aid of municipal financing the operation of the Development can be made more economically feasible. 1.12. This Council has been advised by representatives of the Developer and Dain Bosworth Incorporated, of Minneapolis, Minnesota (the "Underwriter "), that on the basis of information available to them and their discussions with the Developer and potential purchasers of tax - exempt bonds, the Bonds could be sold at favorable rates and terms to refinance the Development. 1.13. The full faith and credit of the City will not be pledged to or responsible for the payment of the principal of, premium, if any, or interest on the Bonds. 1.14. The City has received drafts of a Trust Indenture, a Financing Agreement, and a Bond Purchase Agreement (collectively, the "City Financing Documents ") and a draft Preliminary Official Statement (the "Preliminary Official Statement ") in connection with the proposed issuance and sale of the Bonds, and has placed such documents on file.in the office of the City Clerk. 1.15. It is hereby found, determined and declared, subject to the provisions of Section 2.6 of this resolution, as follows: (a) The Development will constitute a multifamily development under Section 462C.02, Subdivision 5 of the Act. The City is authorized to develop and finance the Amended Program by the authorization, issuance and sale of refunding revenue bonds or obligations payable solely from the revenues of the Amended Program and the Development. The purpose of the Development is and its effect will be to promote the public welfare and preserve the quality of life in the City by helping to maintain, provide and preserve adequate housing stock within the City and to assist persons of low and moderate income, or elderly persons, or both, to obtain decent, safe and sanitary housing within'the City. -2- (b) Based upon representations by the Developer and its general partner, financing for the Development is not otherwise available to the Developer from private lenders upon terms and conditions which are affordable by the Developer, such financing being available only at a rate which, when combined with the cost of operating the Development as well as noneconomic factors, would impair the feasibility of the Development; the general partner of the Developer expects that the revenues to be produced by the rental of units in the Development will be sufficient to meet payments when due on the amended mortgage loan. (c) On the basis of the information given the City to date, it appears that it would be desirable for the City to issue the Bonds under the provisions of the Act in the maximum aggregate principal amount of approximately $17,500,000 to refinance the Development and, in connection with the acquisition of the amended mortgage loan, to refund and redeem the Prior Bonds. . Section 2. Approval and Authorization. 2.1. The Amended Program is hereby approved, and it is hereby found and determined that it is not necessary to cause the Program to be submitted to the Agency for review and approval pursuant to Section 462C.04, Subdivision 2 of the Act. 2.2. Subject to the provisions of Section 2.6 of this resolution, it is hereby determined that it is desirable for the City to proceed with the issuance of the Bonds in an aggregate principal amount not to exceed $17,500,000, bearing interest at a rate per annum not to exceed 9.00 %, maturing not later than December 1, 2030, and bearing the further terms and conditions set forth in the Trust Indenture heretofore filed with the City (as the same may be amended or completed as hereinafter provided), and the execution and issuance of the Bonds is hereby approved subject to the provisions of said Section 2.6. Subject to the provisions of said Section 2.6 and this Section 2.1, authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate principal amount of Bonds of each series to be issued, the maturities thereof and the rate or rates of interest payable thereon, and to cause the Bonds to be executed, authenticated and delivered as provided in the Trust Indenture hereinafter approved. 2.3. Subject to the provisions of Section 2.6 of this resolution, the sale of the Bonds to the Underwriter is hereby approved. Subject to the provisions of Section 2.6 of this resolution, the form of the Bond Purchase Agreement heretofore filed with the City is hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute the Bond Purchase Agreement in substantially the form hereby approved, but including such changes and completions thereof as may be approved by the Mayor, the City Manager and the City Attorney, the execution thereof to constitute conclusive evidence of the approval of such changes and completions. Authority is hereby delegated to the Mayor and the City Manager of the City, acting jointly, to determine the aggregate purchase price of the Bonds, provided that the aggregate compensation to the original purchaser of the Bonds (whether in the form of a discount, fees or other compensation) shall not exceed an amount equal to 3.00% of the aggregate principal amount of the Bonds. 2.4. Subject to the provisions of Section 2.6 of this resolution, the forms of the City Financing Documents heretofore filed with the City are hereby approved. The Mayor and the City Manger of the City are hereby authorized and directed, on behalf of the City, to execute the Trust Indenture and the Financing Agreement in substantially the form hereby approved, but including such modifications, insertions and additions as are necessary and appropriate in their -3- opinion and in the opinion of the City Attorney and consistent with the Act. The Mayor and the City Manager of the City are hereby further authorized to execute such additional agreements, documents and certificates in connection with the Bonds as may be necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. Copies of the Trust Indenture and the Financing Agreement and any such additional agreements, documents and certificates, when executed, shall be delivered, filed and recorded as provided therein. The execution of any of the City Financing Documents and any such additional agreements, documents and certificates by the appropriate officers of the City shall be conclusive evidence of the approval thereof by the City. 2.5. Subject to the provisions of Section 2.6 of this resolution, the distribution of a preliminary official statement and a final official statement with respect to the Bonds to prospective purchasers, in substantially the form heretofore filed with the City and with such changes, insertions, omissions and revisions as the Mayor, City Manager and City Attorney shall deem advisable, and the use thereof by the Underwriter in connection with the offering of the Bonds are hereby authorized and approved. 2.6. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the City or its City Council to issue or to cause the issuance of the Bonds or execute or deliver the City Financing Documents. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds should the City at any time prior to the issuance determine that it is in the best interest of the City not to issue the Bonds, or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction or required by the City or the Housing and Redevelopment Authority of Edina, Minnesota in connection with the transaction. All details of the issuance of the Bonds and the provisions for payment thereof shall be subject to any required review and approval of the Amended Program and may be 'subject to such further conditions as the City may specify. The Bonds, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the revenues of the Development specifically pledged to the payment thereof, and each Bond, when, as and if issued, shall recite in substance that the principal thereof, premium, if any, and interest thereon are payable solely from the revenues of the Development and property specifically pledged under the revenue agreement to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. All of the findings and approvals contained in Section 1 and 2 of this resolution are subject to review and confirmation by this Council following the public hearing called pursuant to Section 3 of this resolution, and to the final approval by resolution of this Council of the issuance of the'Bonds and the execution and delivery of related financing documents. Section 3. Public Hearing. 3.1. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated,thereunder, require that, prior to the issuance of the Bonds, this Council approve the Bonds after conducting a public hearing thereon. A public hearing on the proposal to finance the Amended Program through the issuance of the Bonds is hereby called and shall be held on Monday, May 1, 1989, at 7:00 o'clock P.M., at the City Hall. 3.2 The City Clerk shall cause notice of the public hearing to be published in the Minneapolis Star and Tribune, a newspaper of general circulation in the City, at least once not less than fifteen (15) prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: -4- (Official Publication) CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55414 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota (the "City "), will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota, on Monday, May 1, 1989 at 7:00 p.m. to hold a public hearing on the proposed issuance of one or more series of refunding revenue bonds in a maximum aggregate principal amount of approximately $17,500,000 pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), to refinance an existing multifamily housing development to be occupied primarily by elderly persons (the "Project "). The Project consists of an apartment building containing approximately 203 rental housing units and including functionally related and subordinate facilities, is located at 7800 York Avenue in the City and if owned by Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership. Any bonds or obligations of the City issued to refinance the Project will be payable solely from the revenues of the development and shall not constitute a debt of the City. All interested persons may appear at the hearing and present their views on the proposed issuance of the refunding revenue bonds. Interested persons may also submit written comments to the City Manager prior to the date set forth above for the public hearing. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk AMENDED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C 1. The City of Edina, Minnesota (the "City ") has heretofore issued its $17,622,800 Housing Development Revenue Bonds (FHA Insured Mortgage Loan -Edina Park Plaza Project), Series 1985, originally dated as of October 1, 1985 (the "Prior Bonds "), the proceeds of which were used to make a mortgage loan to Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership (the "Developer "), to finance the acquisition,' construction and equipping of.a multifamily residential rental facility, including functionally related and subordinate facilities (the "Development "), for occupancy primarily by elderly persons and in part by persons and families of low and moderate income. The Development is located at 7800 York Avenue in the City, and contains approximately 203 housing units, at least 20% of which will be rented to persons of "low and Moderate income ", under 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the "Code "), and the Regulations thereunder. Initial leasing of the Development has not met projections and the Developer is in default under the mortgage loan documents securing the Prior Bonds. 2. Representatives of the Developer have requested that the City issue one or more new series of refunding revenue bonds under the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act "), in a maximum aggregate principal amount of approximately $17,500,000 to refinance all or a portion of the Development and refund and redeem all or a portion of the Prior Bonds. Title to the Development would remain in the Developer, and the net proceeds of the refunding revenue bonds would be distributed to the owners of the Prior Bonds. The Developer would continue to own and operate the Development as a multifamily -5- housing facility for rental primarily to elderly persons and in part to persons of low and moderate income, pursuant to existing covenants and restrictions heretofore entered into in connection with the Prior Bonds. 3. The City's Housing Plan serves as a basis for the City's goal of _ providing a variety of housing stock throughout the City for persons residing in the City, including persons of low and moderate income. The Development to be refinanced pursuant to this Program has assisted or will assist the City in certain problems addressed in the Housing Plan, including (a) increasing available housing stock, and (b) providing decent, sanitary and affordable housing for residents of the City, including persons of low and moderate income and their families. - 4. The Development will be a "multifamily housing development" within the meaning of Subd. 5 of 462C.05 of the Act. The income limitations set forth in Subd. 2 of 462C.05 of the Act will not apply to the Development since it will be located within a redevelopment project area under Minnesota Statutes, Chapter 469 (formerly Chapter 462). In addition, as discussed in paragraph 1 of this Program, at least 20% of the units will be rented or available for rental to persons of low and moderate income; that is, with incomes not greater that 80% of the median family income as estimated by the United States Department of Housing and Urban Development for the statistical area in which the City is located, currently approximately $33,850. 5. To refinance the Development and refund and redeem the Prior Bonds, the City intends to issue its refunding revenue bonds pursuant to the Act, in one or more series and in a maximum aggregate principal amount of approximately $17,500,000 (the Bonds). The City will lend the proceeds of the Bonds to the Developer pursuant to a revenue agreement in which the Developer agrees to make loan repayments sufficient to pay debt service on the Bonds. The Bonds will be a special, limited obligation of the City, payable solely from revenues derived from payments to be made by the Developer under the revenue agreement and any other sources specifically pledged to the Payment of the Bonds. The Bonds may be secured by a mortgage and security interest in the Development, or by some form of credit enhancement (which may include one or more letters of credit, insurance on the Mortgage loan or the Bonds), or by a combination of such security devices. Adopted this 17th day of April, 1989. ATTEST: City Clerk Mayor MAJOR FEATURES EDINA PARK PLAZA BOND REFUNDING 1. Ma Impact: Reduces interest rate on mortgage from 10.5% to approximately 9.1 %. 2. Old bond holders paid off at 100% of principal and interest on bonds. 3. Approximately 93% of new issue to be rated. 4. New rated bonds to be sold to institutions. 5. Eases financial burden from severely overbuilt senior housing market. 6. New bonds are not a general or moral obligation of Edina. 7. No change in 20% moderate income occupancy requirements or preference for Edina residents. 8. No additional city assistance, guarantees, etc. requested. 9. Interest Reduction Assistance Loan stays in place without change. 10. No change in ownership or management anticipated. No change in services or quality of Edina Park Plaza. 6 I `1989 Cl- OF EDINA CHECK K. .$TER 04 -17 -89 . %GE i �7C r— �aTCO+�r+v� i 107700 04/04/89 305.00 RUDY J SOMMERS CARPET /PD 10- 4248 - 520-52 1003 f - - - - - -- 0" -- - - 107701 04/04/89 140.25 BUD OLSON AWARDS PLAQUES 27- 4516 - 661 -66 9106 107702 04/04/89 25.00 JANE WILLIAMS MEETING EXP 10 -4206- 100 -10 107703 04/04/89 80.00 MN SOCIETY OF CPAs DUES 10- 4204 - 160 -16 107704 04/04/89 47.88 GOLF DIGEST SUBSCRIPTION 27- 4204 - 661 -66 107705 04/04/89 15.60 JOYCE REPYA MILEAGE 10- 4208 - 120 -12 107706 04/04/89 169.60 ANDON INC GEN SUPPLIES 23- 4504 - 611 -61 15772 107707 04/04/89 180.00 MPLS JAYCEES AERIAL PRINTS 27- 4504 - 663 -66 1000 107708 04/06/89 33.50 CROWN PLASTICS MENU HOLDERS 27- 4504-663 -66 90002 9917 107709 04/04/89 75.00 DAKOTA CTY TI REGISTRATION 10- 4202 - 440 -44 107710 04/04/89 57.50- SKB Inc DUMP BRUSH 10 -4850- 644 -64 -077-i 0----- 04tA4 50 5KO iii- DUMP-0RUp511 ' ^- 4L"50=644-44 — 107T10 04/04/a9 37.30 SK5 Inc DUMP BRUSH 10 -4250- 644 -64 1aa10 57.50 * 107711 04/04/89 58.92 INDELCO CORP PLBG PARTS 10- 4540 - 646 -64 41238 9712 107711 04/04/89 15.36 INDELCO CORP PLBG SUPPLIES 10- 4540- 646 -64 41249 97EG •* * *s* * * * -CKS 107715 04/04/89 67.20 FRANCIS CALLAHAN MARCH MILEAGE 10- 4208 - 480 -48 67.20 * 107716 04/04/89 605.00 ROY A ANDERSON ASSO PRO SERV 60-1300- 005 -20 605.00 * 107717 04/04/89 134.40 APRES INC COUNCIL DINNERS 10-4206 - 100 -10 003328 1065 134.40 * 107718 04/04/89 60.00 METRO CHIEF FIRE DUES 10 -4204- 440 -44 60.00 * 107719 04/04/89 125.00 MERLE ANDERSON MAINT 27-4288- 667 -66 125.00 * LL s 41 1989 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE NV- 1- P -0. - #- MESSAGE - - -- - 2 . l 3 3 a --- 107720 -- 04/04-/89 ',-9 -73 HODES -£O- ' GEN- SUPPI=I-ES 30- 4504 -782 78- 33034 - -9825 14 - s 5 19.73 * e 6 � —1 -07721 -;n4Te d°° 45 � ^"NEON SUPPLY T-0OLS '^ 45$0 78278 -21 -056 -9754 17 e - -- 9 l,o 6 168.45 * o i07722 04fflfr/8 89--0 L� 1F- ABA4A REIMBURSEMENT 13 1 99 . 00 * i14 ,5 12 ---4-07-7e-3 04AO6 -189 i i . 66 VETERANS ADVERTISING -50421 -4- 822 -82 ' n ,3.� 107723 04/OG/89 11.67 VETERANS ADVERTISING 50 -4214- 842 -84 ,e 14I 151 107723 04/06/89 11.67 VETERANS ADVERTISING 50-4214- 862 -86 19 20 6 -- 21 22 17 107724 B 04/06/89 46.63 STEVE JOHNSON MEETINGS 10- 4202 - 2+30 -28 23 24 19I 20 zl 107725 04/06/89 50.00 THE CHIEF OF POLICE ADVERTISING 50 -4214- 822 -B2 25 26 27 59.00 HIEF-OF POLICE ADVERTISIN- c"7 s0-4a14 84 84 m -20 107723 04/06/89 50.00 THE CHIEF OF POLICE ADVERTISING 50-4214 - 862 -86 30 q3 24 .3 32 25 107726 04/06/89 4,194.00 NW POWER EQUIP FILTER ELEMENTS 25 -4900- 002 -68 29089 9495 2611 27 4.194.00 * 35 36 20 107727 04/06/89 2,010.46 INTERSTATE DIESEL JAKE BRAKE 10 -4248- 560 -56 118120 954G I3a 29 J0 2, 010.46 * 39 31 107728 04/06/89 800.00 REM CON INC PD REMODELING 10- 4248 - 520 -52 001398 9844 142 r_ 33 800.00 * 43 44 34 107729 04/OG/89 85.00 MN PUBLIC EMPLOYERS DUES 10 -4204- 140 -14 43 46 35 85.00 k d7 36 148 37 49 sl 39 — 107732 — ,4/06-/89 4, 058s57 STANDARfiQPAARS- GORPoo ^NB- RAT-INo 10- 1145a000T88- 1- 39 -97-9 - - -- -- 72 ~ 53 bo 107732 04/06/89 620.98 STANDARD&POORS CORP BOND RATING 2T- 4201 - 661 -(3G 139979 54 41 107732 42 04/06/89 520.45 5,200.00 STANDARDdPOORS CORP BOND RATING 66-4201- 000 -00 139979 55 56 __— ' 43 44 107733 04/06/89 10,180.77 PUBLIC FINANCE SYST FINANCIAL SERV 10 -1145- 000 -00 15 SO 159 45 - - -1 -07-733 04/-069 1,S57.71 PUBLIC FINANCE ES YET FINAN'.nA"ERV 87 -4201- 661 -66 to 1 6 45 107733 04/06/89 1,305.52 PUBLIC FINANCE SYST FINANCIAL SERV 66-4201- 000 -00 ee 40 13, 044.00 * 163 164 �e. 49 107734 04/06/89 10,568.95 HENN CTY TREAS SPECIAL ASSESSMENTS 10- 1145 - 000 -00 so 107734 51 04/06/89 22,931.04 HENN CTY TREAS yl SPECIAL ASSESSMENTS 10-4922 - 506 -50 ,67i 60 52 33,499.19 69 pe 34 107735 04/06/89 624.00 ATTITUDE DEVEL CONSU MGMT CONSULTANT 10 -4212- 510 -51 P84479 I71 55 73 56 107736 04/06/89 24.75 CLARY BUS MACH GENERAL SUPPLIES 28- 4504 - 702 -70 4302 1005 74 75 57 _... _____ 7', . l 19$9 G OF EDINA CHECK 1. STER 04 -17 -89 .GE 3 I CHECK -NO- -BATE AMOUNT VENT EM— DESGR4PTiON ACCOUNT NO. 0 - -M MESSAGE- 2 3 24.75 * z 3 4 107737 04/06/89 3.00 MPLS FINANCE DEPT COPIES 10- 4504 - 507 -50 e S 3.00 * 7 �181 107738 04/06/89 45.75 DIANE SANKEY DUPLICATE PLATES 10- 4310- 560 -56 0 9 107738 04/06/89 .80 DIANE SANKEY PARKING /VINCE C 10- 4310 - 643 —G4 11 10 07- 73804 -0678 SSA RAC -IN iz 13 11 107738 04/06/89 1.75 DIANE SANKEY PARKING 10- 4566 - 643 -64 14 i2 107738 04/06/89 3.88 _ DIANE SANKEY BLEACH /TIM Z 10- 4808 - 640 -64 _ 1e 1e 7 14 107739 15 04/06/89 22.50 BOB LINDVALL MEALS AT SEMINAR 10-4202- 200 -20 17 e 10 20 6� 117 21 2 2 is 107740 04/06/89 120.00 MAAO REGISTRATION 10- 4202 - 200 -20 23 24 ig 20 21 107741 04/06/89 385.00 13195.00 HAROLD BOARDSON AMBULANCE 10 -3180- 000 -00 25 2fi 27 28 zz 23 24 107742 04/06/89 750.00 GUNNAR ELECT CO SCOREBOARD 10- 4248 - 646 -64 014196 7324 za 3b 31 32 25 28 27 107743 04/06/89 50.00 PHYLLIS HAYWA PERFORMANCE 30- 4224 - 781 -78 33 3, 33 36 28 37 X38 z9 30 107744 04/06/$9 25.00 JUDY LIEBER PERFORMANCE 30- 4224 - 781 -7$ 30 ao 31 32 _ 41 42 33 107745 04/06/89 25.00 KATHY GUSTAFSON PERFORMANCE 30 -4224- 781 -78 43 144 33 36 107746 04/06/89 25.00 BILL DIETRICHSON PERFORMANCE 30- 4224 - 7$1-79 46 47 48 37 40 is 39 107747 04/06/89 50.00 BOB CONNOLLY PERFORMANCE 30- 4224 - 781 -78 50 e1 52 40 41 bx 107748 04/06/89 25.00 AGNES FINE PERFORMANCE 30- 4224 - 781 -78 i63 :4 16e use 43 44 4s 107749 04/06/89 135. go 25.00 111 SYLVIA RUDOLPH PERFORMANCE 30- 4224- 7$1 -7$ 57 7 It 69 e0 46 47 48 107750 04/06/89 e5.00 100.00 LYNNY PETERSON PERFORMANCE 30 -42E4- 781 -7$ 61 let e3 6 49 70 1 s 107751 04/06/89 igo. go 30.00 JANICE LEHMAN PERFORMANCE 30- 4224- 7$1 -78 65 66 �e7 ee 42 53 107752 S4 04/06/89 75.00 LYNNY PETERSON PERFORMANCE 30-4224 - 781 -78 69 70 71 72 SS 36 s7 107753 04/06/89 100.00 CONNIE DUSSL PERFORMANCE 30- 4224- 7$1 -78 73 74 76 1989 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE 4 # —P —O —# -MESSAGE-- zI z 3 100.00 * l3 a 5 107754 04/06/89 25.00 MARIAN ALSTAD PERFORMANCE 30- 4224 - 781 -78 , a 25.00 * �1 7 s 107755 04/06/89 114.00 JANET BERRY ART SALES 30 -3501- 000 -00 9 114.00 w 107756 04/06/89 381.00 JOAN BERRY ART SAALES 30 -3501- 000 -00 , Izl 381.00 * 3 107757 04/06/89 46.00 EDINA ART CENTER ART SALES 30 -3501- 000 -00 , is 46.00 w G 107758 04/06/89 100.00 PAT GREER ART SALES 30- 3501 - 000 -00 f, 100.00 * 19 zo 107759 04/07/89 36.60 VOTER REGISTRATION POSTAGE 10 -4290- 140 -14 21 36.60 * 22 107760 04/07/89 29.03 MARCELLA DAEHN MILEAGE 10 -4208- 140 -14 23 24 107760 04/07/89 6.34 MARCELLA DAEHN GEN SUPPLIES 10 -4504- 100 -10 . zsl 2G 2] 107761 04/07/89 75.98 t FIRE DEPT PETTY CASH PETTY CASH 10 -4504- 440 -44 1 zo 29 30 107762 04/07/89 40.32 40 i 3 E EDWARD PEDERSON MILEAGE 10- 4208 - 200 -20 i _ 31 32 107763 04/11/89 � -- 650.00 DITCH WITCH OF MN RENTAL EQUIF ET- 1300 - 001-00 R100Z3 9304 33 - -- 1-07763- - 04/- 07 -/ -8 9 3Z°r. 00- DI-T GHQ- I- TGH— OR— MN -------- RENTAL— EQU-I -R s --T �-309�904 =00 930: 30 107753 04/10/89 3Z5.00— DITCH WITCH 01 MN CREDIT Z7-1300- 001 -00 9'305 , 35 36 10TT63 04/10/89 3E5.00— 9 0 DITCH WITCH OF MN RENTAL EQUIF ET- 1300-001 -00 9305 30 39 107764 04/07/89 3m.5 . 450.00 DAVID LANGHOLT2 SERVICES 28- 4224 - 701 -70 4, 42 107765 04/07/89 2,640.00 ANCHOR IND FUNBRELLAS 25-4900- 002 -68 81411 9399 — 43i 44 45 — wwwwww e,640-00 k—rKg 46 107769 04/10/89 4.80 JIMMY JINGLE SERVICES 10- 4201 - 500 -50 f f 4] 4o 4.80 * f f 49 f 107770 04/10/89 100.00 IDELLE PETERSON PRO SERVICES 30- 4201- 782 -78 20457 1161 , if 50 51 100.00 * �! 52 107771 04/10/89 22,995.90 ASPLUNDH TREE REMOVAL 10- 4248 - 644 -64 f 117305 53 54 22,995.90 * 55 107772 04/10/89 225.00 INS REPLACEMENT CAMAERA 10 -4504- 260 -26 9989 SGI 225.00 * - z 3 a e- f9l zo zl 2 - mm ti�� -r d L 1. 1989 L OF EDINA CHECK k .3TER 04 -17 -89 NGE 5 ,--CHECK-NO. DATE AMOUNT VENDOR STEM- DESCR-I-PT -tON ACCOUNT- NO— FNV- M -P.O. 0 MESSAGE z 3 a - - 107773 -- - -- 04/10/89 - - -- - -- -120700---- B BROADCA3T-- MUSIC D DUES -- - -30-4e04-781-78 - -- - - 1 159 5 1 120.00 * * ° 1- 077-74 04/-1 0/Z4 1 165-09 M MN- PARENT A ADVERTTS-fNG 3 330 -4214 -78-1 78 1 1- 1- 57 - - -- - - - - - - - ° 1 165.00 * * 9 ,o — — 1O7T7J- �4/10/S9 — —4 5,011 U UE -11" 1 R P PERFORM-ANCE 0 0- 420fi- 7$1-79 - tt 4 45.00 iz I - 1-073 -76 84/ -i -0/$9 1 1° nn S SUSAN SCu R REFUND 3 30- 35i2_000_00 I tal 1 12.00 I 15 5 - - -- -1-07777 04/- 1-0/89 3 30-09 — — MN- COMM -fLOWE E EMBERSHIF 3 30- 4204- 7- 9-1 -79 - - -- t7 3 30.00 is 8 ' '89 / / 80.00 , , RE4-- MC- IDOWCLL A AG XNST -RUC ;OR 2 23-4201-641-61 291 1 1 90.00 i I i 04tF 5 50 j jO RUTH A AB INSTRU&TOR 2 23-4120-611-61 23 2 237.50 a - - -4 -07 -780- 041FO/89 3 35-00 S SUSAN-FRAME E EAC -ART- WORK- SOLD 2 23- 3625 -- 00,0-40 ze� FF so S SUSAN FRAME K I 3 47 10789 1 - - RS -- -- _° 1 17.50* , w 30 31 - -- 107 - 782.^,41!& , ,e O OROTHa'-iALL E EA6- AR- T- WORK-S©LSz3= 3 3G85-- 0 -00 -00 - - -- - - -- - - - - 3, o or7B2 0 35.00 *ee'� 133 3 107783 -041ID /8 - - 25= 0II0 =00 35 - 47.60* i is »:t -rvg 3 107-784 - 04/-0/89 5 56-00 B BEAN- MAEFELE - - - -- EAC- -AR -T- WORK -SOLD 2 23 -362S- 000 -00 101 5 56.00 o�- 1 107795 04 /i 0 >99 1 1-9-60 E EL-ISE- 30HNSON - - -EAC- ART - WORK -SOLD - -----23 -36E5- 000 -00 - -- - - at 19.60 42 X07786 01/10"89 8 810 00 B BRYAN MOON ° °SRC- ART- W9RK -S01 23- "- - ^00-00 q� X 210.00 45 — 1-07787 04/ -1 -0/8 2 213 -16 M MOLL IE-"UL-SON E EAC -ARC WORM -SOLD E E3 -3625- 000 -00 - -- - a° 2 213.16 -- 107 -788 04/1 "9 i i9.51 S SREC -1-AL-EFFECTS E EAC- ART - WORK -$-^LD 2 23 -�I' 625 - -000 0 - -- - - - - -- -- 63; - 1 9 .51 • • st sz— f f07 -799— 04ti0/99 ° °9 50;= I INDSK096 LATHAM 6 6EN- BURP'L'FB 8 88x; Ar=708 7-0 1 11G7 - - - - - 53 2 28.50 Sa S 407790 04/10/89 3 3,750.00 N NAKED ZOO ENTER 5 SHO6't-- SU°DLYS 8 88 -4224- 701 -70 5467 1 1- ^$4 - 55 3,750.00 z 1939 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE 6 r 1 - {urlG4R- 1�V - -1Jr1 � -G " "vV� � �r.✓v.♦ � �.r.. ✓rvv.. �. .�v. . .....- �........ ..� �.. .. � .. ..- � �..�. 2 2 175. 00 A - - -- 1 04/10/89 2 275.00 D DELOITTE HASKINS F FEE FOR SERVICES 1 10- 4201 - 510 -51 e e 6 2 275.00 i1 5 9� _ 9 fo 107744Q4ti-�/$9 2 2- T�9i-BM i i2Ai-N-FN 0 0-9 -4�$ _ 11 4 42.70 * * 12 - 107-?95 0 04/11/89 1 11S.00 G GITY & STATE S S 1 1-0 -4284- 140 -14 I1 15.00 * * 1 1 i4I 1 1 51 :6 1.07796 0 04 89 5 5 -i- 9-- 99- B BIi9-- EHEi'1 INC N Ni- NS- SIiPPLaf8 3 3 0- 45- t2 78 73475-- 1 -OQrr- n 519.89 is 5 04/11/89 4 48.15 S SN9 STUFF 6 66UT6H KARTS � ��_ardn_r_rc��,{,�QZ�_g -god 48.45 201 4 ER.RY -- HERSHEY- 6 66HOOL 4 4 1 I; 22 4- 07- 798 f f1 1 /F39 6 63.00 • • E 1-0- 90 = 23 63.00 24 _879 -9 0 04-'110,89 6 63 .00 n ntru cr1 •w1KA c crNGnL d dn_d��2�0a_nn -� 26 63.00 * * � �: 27 d 0411i ll 9 0 0 E EBEECA OLS-ON M MILEAGE 4 dn_nenn_D - - 28 8.40 0 30 -4 078- 0 04 i l + $9 1 1 80 E ED- G MDER I ILEAGE - - - - - - - - - . 32 16.80 * * I I, 33 - 04/ -" -/89 2 267. 00- M MEL BATTER P PARTS ' ' O�b2A- 54� =SG 3842 -1 9 -_•7 s - - -- - ' 3s - 04/11/89 2 252.00 M MEL SATTER P PARTS 4 40-4540- 803 -80 3 °4:'_0 9 °•T5 35 519.00 I, 37 107803 0 04/11/89 2 240.00 M MIDWEST RUBBER SERV B BOOK COVERS 4 40- 4540 - 803 -80 57466 9448 35 2 240.00 40 4 04/11/89 4 48.20 M MSC G GAUGES 4 40- 4540- 801 -80 21407 9792 41 1 48.20 a3 107805 0 04/11/89 2 278.45 N NORTHERN A ACC LIGHTS 1 10- 4620- S60 -56 9366 44 2 278.45 * * a6 + 04/11/39 7 75.00 P PRESERVATION FORUM M MEMBERSHIP 1 10- 4204- 120 -12 e + 4] 7 75.00 * * 49' *1F fN 1p ** + + i 1 0 wit 1,189 4 49.44 K KATHY -ADEL AN M MILE GE 3 30-4200--7131-78 _ __- 1 52 49.44 * * Y 5 8 0 a i z 6 zl 11 z 3 1 5 8 0 a i z 6 zl 11 z 3 1 '2 T3 9 s 3 19 1909 L OF EDINA 59.00 + CHECK i. 3TER 04 -17 -89 AGE 7 11t, 7 0 07 j jAlL FEES 1 10-4e66 e20 22 , 1 161.07 + + 9 10 0 07&t-2 0 04/11/8 9 4 4.e7e.le3 - - - 41ENN -CTY THE-AS O ORK HOUSSE 2 22 1 191S3 11 1 107812 0 04/11/89 5 5,957.72 H HENN CTY TREAS W WORK HOUSE FEES 1 10-4280- 220 -22 1 19136 h e 7 �e 9 10 1t " 12 3 t4 15 to 17 to 1D 20 21 I22 31 v 34 35 \ 36 26 137 zD 107$17 04/11/$9 5E.50 MICHAEL 51ITARI SAFETY EQUIP 10 -4642- 420 -42 =e 30 72.80 * ]D \ 40 u 731 3z 107818 04/11/$9 92.72 GHRIS OMODT TRAINING 10- 4202- 420 -42 1« 33 92' TE + —I43 \ 44 34 a5 35 107819 04/11/$9 336.13 THOMAS C JOHNSON UNIFORM ALLOWANCE 10-4266 - 420 -4t_ ae 36 338 . 1 3 * '47 Q 4e 37 4D �39 107820 04/11/69 5.50 LITIN PAPER CO GEN SUPPLYS 10-4504- 420 -42 A50464 ,0 5.50 + 511 52 ao I53 at 107821 04/11/$9 220.00 REALISTIC TRAIN SYS GEN $VPPLYS 10- 4504 - 420-42 89065 9892 ,4 to 42 220.00 * I55 p6 43 57 44 107822 04/11/89 14,637.79 WALSER BUICK ADMIN CAR 10-4901 - 140 -14 10130 1029 7e 45 14, 637.79 * so 60 46 47 107823 04/11/89 19.24 PARAGON REFUND 40 -3800- 000 -00 :2 49 19.24 "34 64 49 65 50 107824 04/11/89 35.51 ROBERT RAY REFUND 40- 3800 - 000 -00 ea 31 e7 as 52 69 53 107825 04/11/89 18.96 eeebmer REFUND 40- 3800 - 000 -00 70 54 1$.96 * I714 72 55 107826 04/11/89 48.40 -6716 74 ,6 CRAIG LINDELL REFUND 40 -3800- 000 -00 74 __ 48.40 + 7-30 1989 CITY OF EDINA CHECK REGISTER 04 -17 -09 PAGE 8 Crn�.w.r w,n •ww, w o n w '4cc•:er_r. z1 ' 3 -- -107827- 4 04 /t-1V8 9 -.1 -8— QOM- -COLLiNG3 REFUND '0 3800 - 000 -00 _ 5 9.18 6 — 1 -07e28 04/1 99 33 4 RICHARD STEINE-R - -- REF -UND 40- 3800 - 004-00 - - -- e 33.74 * 9 ,o -1 o7ee9 4 - t --e t 25 -OO MPH s+l ©o� -�2o-2- 66-64 - z5.0o — 107830 04/ / 9 •'5-00 MERLE- ANDERSON SWERV-I S -GE 27-428-9-66-7-66 3 141 125.00 S' 1 -0783 f- 04f -t- 1-/89 1;- 487- 50 vEE9 TV TV ADVER-TIS-3N6 °7- 42 1-4- 667-- 66- 7.043293d4 - - -- ----- - - - - -- l 16I n 1,4$7.50 ,5 7$3c 04�T- 1 -rs9 +Q 3'jg,nn env nurPA9nN rn EQuIR 19 .- z0 18,350.00 zl ---1 0783�J 04/� -+$9 °,- x60-00 °URNi- T'URELa ^U-i; 15- 49011 =0- '6E;34 - -9b4G zz 23 .^.4 1 -07834 n v4%+ i n--* . nn 1 ITTI CSR it IND SPOT EQUIP i o_49o+- AEn_4a zs � 107834 04 /11 /t;9 787.00 LITTLC @LINO SPOT EOVIP 10-4 101-420 -42 2:420 199 95 z6 27 ' 1 , 738.00 za 107835 04/11/99 40.00 MN ASHRAE CPT REGISTRATION 10- 4202 - 440 -44 z9 30 40.00 * 31 107$36_. 04/11/89 107.00 CORNER MARKING LETTER BOARD 27- 4516- GGI -66 20063 8208 I 32 3] 107.00 - ]4 35 107937 04/11/99 90.00 HENN TECH CTR SCHOOL 10 -4202- 440 -44 15 %71 12910 36 90.00 * 3) 107838 04/11/89 275.25 EM MEDICAL PROD BP MONITORS 10 -4510- 440 -44 047769 9903 9 ]9 275.25 W ao 107839 04/11/39 132.00 CUSTOM FIRE TAGS 10- 4504- 440 -44 3720 919° 41 42 132.00 a3 107840 04/11/89 57.24 IND BRUSH BRUSHES 10 -4512- 440 -44 4104 9398 44 45 57.24 * 46 107841 04/11/89 17.00 LEAANNS SEW /DECO REPAIRS 10- 4248 - 440 -44 89010 4' 48 17.00 * - 49 4MF# R+M 50 IY'F -tits 51 — 107ao2— ez 04 /04/89 o 7-5-00 Gn Q GRA Nc� - pus -�ssN --DU ES 5_0-42-'04-92-0--S2- -- -- - - - - -- 53 275.00 54 55 5G 107A11 04/06/89 458.49 ACE SUPPLY MISC DUCTING 10- 4540 - 520 -52 °•9�6 lk i r r r r :O rr 4b r r r r 11989 C_ OF EDINA CHECK h. .BTER 04 -17 -89 +GE 9 1 HECK `NO.. DATE AMOUNT YEN R ITMDESCRIPTION AEGOUNT N6. !NV.— $ -P -O —. #- MESSAGE 11 z 458.49 w z I3 4 15 wwwwww * ** -CKS '6 5 -- i ei 04,'04,'199 175.e3 ADT SECURITY SYS. SERVICE CONTRACT 30 4288= 8e 78 7 '.-039 e e 175.83 w 1, ^�i t -CKS 1z t'107A30 w�rswww v ** 13 04/11/89 31.00 ALFONS ANDERSON BEER LINES 27 -4630- 663 -66 ,4 15 �le I13 17 fe 14 •� *www 15 * ** -CKS 120 1D 6 107A49 04/07/89 165.69 AMERICAN LINEN LAUNDRY 10-4262- 440 -44 1z2 ,7 107A49 04/04/89 9.52 AMERICAN LINEN LAUNDRY 10 -4262- 482 -48 123 is 07A49 19' 041 047F8" 04.35 r;::cRi -GAf.' -'L:IN N ' . ^UNDRY ' ^ -°2bta Be z4 107A49 04/04/89 17.95 AMERICAN LINEN LAUNDRY 10- 4262-5E0 -52 725 26 20 10TA49 04/07/49 382°.88 AMERICAN LINEN LAUNDRY 30-4262— T82 —T8 27 21 zz tOTA49 ME t- I-C-- AN--t -YNEN LA +jNDR- 0- 42b2 -82i -8 26 29 107A49 04/04/69 111.67 AMERICAN LINEN LAUNDRY 50-4282- 841 -84 3o 23 107A49 24 04/04/89 94.75 AMERICAN LINEN LAUNDRY 50 -4262- 861 -86 J2 31 25 27 ww4 www 37 34 31 28 107803 04/06/89 41.87 BENSON SAFETY GLASSES 10 -4262- 301 -30 29889 .37 330 29 107003 04/04/89 54.90 BENSON GLA515ES 10-4 &G2 - 301 -30 E0399 3 07003 ' °9 "S BEN39N GLASS E —S ' 0�4Z63-391 -=30- 036 -1 -6 40 31 107003 04/11/89 ET.03 BENSON SAFETY GLASSES 10-4&62'-301-30 ESS °•E 142 143 32 107003 04/08/89 38.37 BENSON SAFETY GLASSES 10-4&6E -848-64 &TOGS 33 1 07803 I34 — 0410018 3-8.57 zB 15ON °AFE= —TT—v AJ5P55MS ' ^ — ° &G &� 64$- 64- 2'�$$ -9 __ a4 45 1OTB03 04/04/59 E3. &1 BENSON GLASSES 10-4E0 &-648-44 10110 X46 x'47 .35 107003 04/04/89 4E. 125 BENSON GLASSES 10-4 &0 & - 646 -64 09105 36 1 071503 138 ;;7 04/ 89 . ST °5 BENSON GLASSES ' O-4EOE- 844 -04 -E7446 __ 46 4D 37 10TO03 04/04/89 83.45 BENSON GLASSES 10- 4EGE- 648 -64 E630E �50 107003 39 04/11/89 13.30 BENSON GLASSES 40-4EGE- 801 -80 51 52 40 141 42 wwrtwww '53 I54 e ** -CKS 55 -56 43 107807 04/10/89 4,9S8.40 BADGER METER INC WATER METERS 40 -1220- 000 -00 575555 57 2715 58 44 107007 04/10/89 975.12 BADGER INC WATER METERS 40-1EE0- 000 -00 573980 E715 i5D 45 6 yMETTERR e DGE�\--IIETER lNG WATER METER —1220 -000 -00 57-54-94-2-74 _5 60 61 46 47 7,573.98 w lee 63 48 lt- dc__(�. w.s. 64 49 65 66 50 51 107818 04/04/89 228.00 BATTERY WAREHOUSE TIRES FOR GOLF CARS eT -4540- 665 -66 30114 9761 �67 68 52 s3 wwwwww 54 69 70 * ** -CKS 71 72 55 107822 04/10/89 948.10 BEER WHOLESALERS BEER 50- 4630- 822 -82 73 74 56 10702E 57 04/10/89 1,983.10 BEER WHOLESALERS BEER 50- 4630- 842 -84 75 7 v � wl 1999 CITY OF EDINA CHECK REGISTER 04- 17 -••9 PAGE 10 - -- CHECK -NO —DATE- - AMOUNT- - - - - -- VENDOR - - - -- - - - - -- ITEM - DESCRIPTION - - - -- ACCOUNT N0: INV. # P.O. # MFS•SAGE z 3 107822 04/10/89 1,248.00 BEER WHOLESALERS BEER 50- 4630 - 862 -86 5 6 107825 04/10/89 100.00 SENNETT -WAYNE POLICE SERVICES 10 -4100- 430 -42 6 9 100.00 1 ZI -107B27 04/-04/89 'sue -00 �ERGFORD-- TRUCKING�iGUOR 50 -4026- 822 -82 - 31 107827 04/00/89 64.50 BERGFORO TRUCKING LIQUOR PORCH 50- 4G26-82E -82 14 107827 04/04/89 230.50 BERGFORD TRUCKING LIQUOR 50-4626- 842-84 151 107827- -04/06/89 '42 -08 -- ING BERGFORDTRUCK L IQUOR- PORCH 50- 4626 - 842 -84 - -- 1c 107 27 04/04/89 147.50 BERGFORD TRUCKING LIQUOR 50 -4020- 802 -86 n ,e 107827 04/00/89 247.50 BERGFORD TRUCKING LIQUOR PORCH 50-4020- 862 -86 I 2Q: 21 CKS 22 107830 04/06/89 74.91 BERTELSON BROS. INC. GEN SUPPLIES 10- 4504- 510 -51 456438 ' 23 107830 04/10/89 101.25 BERTELSON EROS. INC. GEN SUPPLYS 10 -4504- 510-51 458270 z4 1 0TO30 04" Cot 8 -9 35.14 BE- F -TE-LSON- BROS, ENe. GEN SUFFLYS 10-4504­544)- -.,P1-45,q i -- zs- 1071530 04/10/812 13.44 BERTELSON BROS. INC. GEN SUPPLYS 10- 4504 - 510 -51 45$477 261 1071530 04/10/89 8 %.EO BERTELSON BROS. INC. GEN SUPPLYS 10- 4504 - 510 -51 453497 23 }07830 04- 1404{89 7- 0- 80 ERTfE= SON-HRO°. I- N6------ —OFF- I- CE- SUPPE- YS;-0- 45}6- 54-0- 54- -4 -. -750 & — --- - - - - -- 20 107830 04/00/89 109.42 BERTELSON EROS. INC. OFFICE SUPPLYS 30-4516 - 781 -78 457400 1085 i 29 30 434.16 3z _31 » - - 107 832 04106{89 °3x80 - 8ES- T- L-OCKING--SYSTEMS REPAI -RS - eB,- 4-148-- T- OL' -T0- 9 089 1 - -- 9 74_T. 34 35 83.00 36 3') * # *4 -1:.41 t -cv:S� 39 107B48 04/07/89 65.00 BLMGT LOCK 6 SAFE PRO SERVICES 30- 4201 - 782 -78 42213 1090 3J 40 41 42 ,t3 107BS4 04/06/89 612.94 BLUMBERG PHOTO DISSOLVE UNIT 10 -2146- 000 -00 89411 9696 44 45 612.94 a6 47 1-0786-1 A4/041 9 IS-04 — BGUSTEAD-EL -EC-4 -MFG -, HEAT -E-RS 40 -AS40 -80 -1-80- 254755- 9720 — - 49�- so� 18.00 sz'=f S — 107852�,4f06f8 a •ee 5- se eo v +JM- EQU EQUIPMENT -PARTS 10s454�50 =l_ t 3446 -9G -T 0 53 795.54 54 5 56i 107672 04/04/89 882.00 BRAEMAR CLUBHOUSE COUNCIL DINNER 10 -405- 100 -10 191 ]I f? 53 74 ]5 ]5 501 SB 5�1 61 e2 16� fi4 u °. 6G 67 en ca 70 71 32 1J41 1'51 1989 G OF EDINA V CHECK 1 sTER 04 -17 -89 GE 11 1 T T- V— RTGOJRV '1 2 3 8 882.00 * * 3 3 _ 4 www *w* * * * * -CKS e e e 1 04/04/89 e e6. 00 B BRAUN ENS- TAT -NG lNG t ti-YLINDER-+H)LBS 1 10- 46x4- 260- 26-1S73 g 1e e 2 26.00 o o to 1 113 11 1 04/04/89 3 337.31 C C 6 S DISTRIBUTING C COST OF COMM 2 23 -4624- 613 -61 4 47245 9756 1 14 - 6 411.71 w w 1 6 1e 19 20 - f KS- 1 17 2 04/04/89 1 106.15 C CARLSON PRINTING B BUSINESS CARDS 1 10- 4504 - 510 -51 4 44098 2 22 19 2 K..j' 2 23 �3 107C18 0 04/04/89 8 83.50 C CEDAR LAKE FLORAL C COUNCIL FLOWERS 1 10 -4POG- 100 -10 5 517867 1001 24 3 83.50 w w 3 31 L4 wwwwww * * * * -CKS ] 33 27 26 ee 0 0 110679 89 e e'esi.00 C CERT -POWER TRAIN P PARTS 1 10 -4540 S60 SG 4 4S2-04 - -97 -02 3 37 Z, Z51 . 00 * * 3 36 1� LL F- 1989 CITY OF EDINA "c'1^^eCHECK REGISTER T — Acrnufu7 - N[ l- 1.NV- 1t4P1C1- QN- HF_�SA6E- , - -` -- z z 107C44 04/07/89 508.08 COCA COLA BOTTLING MIX 50- 4632 - 842 -84 3 a — 107C44 04/-07/89 346 -sS- COC-A- COL-A- BO�TtI -N6 MIX 50 -4632- 962 -86 -4 5 1,229.33 * a 5 '7 e s A s 107C51 04/10/89 1,381.20 COMM OF REVENUE FUEL 10 -4612- 560 -56 10 z 10 Ea 13 14 11 1' ? *'k 1k *1k A: is i=- -I::(:j 115 fa J 107C64 04/11/89 9 815 CONT- MINNESOTA GEN SUPPLYS 27 -4504- 663 -66 i 7 ,e , 4 IOTCG4 04/11!89 80.9@ CONT- MINNESOTA SUPPLYS 27- 4512 - 663 -66 19 2 51 -- -- 07084 i , e4 E SCESSIONS - - '6 zl Ia n 1.419.63 * zz 23 10 i * c'!4S 9 ** 2 26 20 21I 107085 04/10/89 22.70 CULLIGAN SERVICES 10- 4200- 402 -48 27 _ —____ 20 22 23 x:.11 C { J its 13C 31 24 ,X 1k 1k :k 1k 3 25 107088 04/06/89 1,077.50 CURTIS 1000 SUPPLIES 10- 4504- 510 -51 2689 80 9994 2 27f 1,077.50 * 35 '3a 2e 107C89 04/04/89 47.90 CUSHMAN MOTOR CO. CUSHMAN PARTS 27-4540 - 664 -66 35863 9743 37 38 zs 30 47.90 * -- '40 31 *'+ *—CKS 4+ '4z 32 Ip 1R 911k 1k IM i43 33 3� 41fB9 962 -50 D-- �V -8A6ES GE+V- S41Pf'6'F@ 30-- 4504- T�2�8-- 35L�0 -1 9574 -- - ! "" 45 34 9fi2.50 * 4a 35 �1-071.*DO 47 �48 36 3] k 49 39 3s 107DO7 04/04/89 50.09 D. C. HEY CO. SERV CONTRACT 30 -4285- 781 -78 108467 1075 50 5+ Sz 5"9 $ 53 40 i54 41 +**•r -CKS 55 42 * * *rt *rt sa 43 107D27 04/11/89 37.50 DAVE S FOOD WAGON MILK 27- 4624 - 663 -66 5) 58 44 37.50 * 110 46 47 *hk * *M x•:t -�.Kg a1 02 163 4A 1-AaD89 o °'07, ' 35: �S —oA BSEN- DISC -�-N6. BEER 50=46' 0-82 - ?2 a4 a as,- 107D29 04/07/89 92.75 DAVIDSEN DIST. INC. BEE 50- 4630 - 862 -86 aF 50 51 1071)29 04/07/89 235.30 DAVIDSEN DIST. INC. MIX 50-463 - 4 - 6 fl 52 53 463.80 * « -CKS 70 71 54 * * * * ** 72 55 107D33 04/11/89 299.25 DAVIS - EUGENE WEEDS 10- 4201- 600 -60 7.1 74 5 '1 1071)33 04/11/89 51.12 DAVIS - EUGENE MILEAGE /WEEDS 10 -4208- 600 -60 151 571 Y • • • • 1989 L OF EDINA CHECK 1. 3TER i� 04 -17-89 ,GE 13 J- W—P—.O—.*-MESSAGE-- — 2 2 3 350.37 # - -— — —' -- — 13 •S # # *# k# 5 * *—CKS .e .7 ° 7D61 Is —04 1900 K NISSEN POLICE SERVICES �� =4100- 434► -42 e —a 100.00 10 11 13 12 107D79 04/10/89 1,811.06 DORSEY 6 WHITNEY LEGAL 10 -1145- 000 -00 359423 1e 13- 1'O7E1Ti 84,�09�fB 9 EY- LEGAL 10 -42FB —EEO 2i 356S43 n 1a 18, 620.61 # 1e S 9 20 _.- •�M'n— CKS -- z1 n 1e 107D81 04/04/89 1,670.00 DOWNEY WATER COND. REBUILD H2O SOFTENER 28- 4248 - 702 -70 1055 22 23 24 I19 2C1 # # # # ## * ** —CKS 25 26 27 21 28 22 23 107EO8 04/11/89 105,054.00 EAGAN CONSTRUCTION ARENA 28 -1300- 000 -00 29 30 za 105,054.00 'K 31 3 — X33 # # # # ## z6 * ** -CKS 34 35 127 ze 07E- 1704 >Bi`fCi , - AS-i -6 - DE-BE-VERAGE— BEER °0- 4630— SE2—BE _36 37 107E17 04/07/89 6,517.60 EAST SIDE BEVERAGE BEER 50 -4630- 842 -84 38 29 30 IOTEiT 04/OT/89 5,38T.EE EAST SIDE BEVERAGE BEER 50-4630 - 862-86 30 1ao 31 1 132 # # # # ** 33 '4j CKS 141 42 43 144 34 145 107E60 04/06/89 127.60 ELECTRIC MOTOR REP. PARTS 10-4540 - 646 -64 11745 7756 48 J5 36 117.60 * X47 48 37 # # # # ## 38 ** *—CKS 49 50 51 39 40 �7E71— 0 _ L�/-I- N—SAFETY 8UPP'- 8 FET-Y— GL-A88E8 • 0 -4504- 644 -64 = -968 yea 107E71 04/11/89 1,710.25 ELVIN SAFETY SUPPLY CO DETECTOR 10 -4901- 440 -44 9675 54 41 107E71 42 04/11/89 121.90 9s.as ELVIN SAFETY SUPPLY ELVIN SAFET!g SUPPLY CARRYING CASE OXYGEN CF-1-1— 10- 4901 - 440 -44 40-4540-81P-80 ���SS 9675 155 56 io?E7i 43 44 04/06oE89 jS7 5e 59 *-6K4 eo 46 61 162 47 107FO2 04/07/89 4,816.62- FACILITY SYSTEMS FILES 25- 4924 - 520 -52 33581 115.°.. 63' 164 ae T 1a COCA •TY QYC�`��M$ nE4—Z3,F.s=v s¢— ae n— c=— ia850� -142 49 107FOE 04/07/89 239.50 FACILITY SYSTEMS CHAIR 25-4924 - 520 -52 34777 1152 65 65 so 107F02 04/07/89 4,816.62 FACILITY SYSTEMS FILES 25-4924 - 520 -52 33561 1152 °7 sI FO�0 FACILITY SYSTEMS INSTALLATION °5— g9&q_Sao —SE - 33576-- 1 - -1 -g2 _60 sz 107FOE 04/07/89 78.34 FACILITY SYSTEMS INSTALLATION 25-49°4- 5EO -58 33576 1152 X09 701 53 lOTF02 54 04/07/89 4,543.98 FACILITY SYSTEMS FILES 25-4924-520 -5E — — — 33581 115E 71 1721 s6 57 4,S69.81 « 731. 74 75 7 v 1 1989 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE 14 CHECK --NO -DATE AMOUNT VENDOR I- TEM- DESCR -IP -T -ION ACCOUNT NO INV. - -# P.O. # MESSAGE 2 3 4 - 107F11 -- 04/06/ ?9 -- 2 21- 38- -- FEED- RI -TE- CONTROL CHEMICALS— 40- 4622 - 805 -80- 119229 7593 2,321.38 6 i 0 9 107GO1 04/10/89 636.45 G 6 K SERVICES LAUNDRY 10 -426E- 301 -30 c - 107G01 iO4t10>1,39 59 -20 G -G K- SERVICES LAUNDRY 0-4262-569 -56- 107G01 04/10/ 9 317.55 G 6 K SERVICES LAUNDRY 10- 4E62-646 -64 IOTG01 04/10/89 259.30 G Q K SERVICES CLEANING •SUPPLYS 10 -451E- 540 -54 1 OTGO1 04{ -101 59 ° i . 0 6 & K ERV ICE8 LAUNDRY E8- 4Ee62--!T-02 -7 -0 14I 1O7G01 04/10/89 320.75 G 6 K SERVICES LAUNDRY 40-4292-801-80 5 E1055.05 m 17 ek 1k 1F. *t,k *** —CKS — 1 -07GO8 ^04:00/89 2,631.700 G.L. oo":TRACTING INC WATER MAIN REPAIR 40 -42248 - 803 -3o^ 2&6 -3-9 -1022 1 9 0 2,631.70 zz L-107609— 04-f -04tE3 9 784-.6e GOVT- TRA- IN --SERV 6ERV -1-C €S 1- 0- 4204--- 1-0 O-.0 - 23 1DTGO9 04/11/89 675.00 GOVT TRAIN SERV CONT ED 10- 4202-420 -42 1 24 11459.62 261 1kMk+RW,11 ++>a -CY.S I --I 0761 6- 04,404' -/89 38.88 GAS--SUPPLY INC;. VALVES ' -0- 4504 - 560- 56 -03 -f- 150 - 995 -1- - - - - - -- 20 107G16 04/07/89 35.32 GAS SUPPLY INC. GAUGE 10- 4540- 560-55 031188 9951 29 ]0 107G1G 04/07/89 43.47 GAS SUPPLY INC. PARTS 10- 4540- 560-56 031751 997Z 3, 32 33 34 35 107G24 04/10/89 86.40 GEN. COMMUNICATIONS BATTERIES 27- 4504 - 664 -66 __- - - - -- 47305 1043 36 80.40 5= r r.t• -C.,5� 3s ** * - - -- -1 07G26 4fol" /89 — 23.95 as.:Fs GENERAL- OFF-I CFPROD CABLE -TV 10-2-1-49-000-00 — 41 107G2G 04/11/89 29.G0 GENERAL OFFICE PROD SUPPLYS 10- 4504- 420 -42 107G26 04/11/89 9.84 GENERAL OFFICE PROD SUPPLYS 10 -4504- 420 -42 42 1 OT-G26 04/- 1 +/8,9 i3.08 1 -7' , 87 G ERAL- OFF -I-CE -P-ROD r�EN- SUP-PL '= 1 -0= 4504 =420 --42 - -- -- - - - - -- - 107G26 04/11/89 9.56 GENERAL OFFICE PROD GEN SUPPLYS 10- 4504 - 420 -42 4•t 107G26 04/11/89 12.56 GENERAL OFFICE PROD SUPPLYS 10 -4504- 420 -42 4s 1 07GE6 0411--1-!89 24.00 GENE- RAL- OFFI- CE-- Pf2OD ------- GEN-SUPPLYS 10-4-"4-42-0-42 - - - - - - 46 107G26 04/11/89 24.00 GENERAL OFFICE PROD SUPPLYS 10- 4504- 420 -42 47 45 107G26 04/11/89 48.34 2•A-+ GENERAL OFFICE PROD SUPPLYS 10 -4504- 420 -42 49 51 194.93* .62 - - - - -- I 521 107G38 04/10/89 100.00 GEORGE BUTLER POLICE SERVICES 10 -4100- 430 -42 53 54 100.00 6 57 N11111h 1k 1F. +k i''k d' —CL��: 1 07G42 04f03rf}9 1 e4. 69 GTL I EBARD -GUNS TARGETS 29- 4572 -a -22 -7-2-7 -1-00- 3-9933 - - -- ,9 20 2, 22 23 24 25 26 27 2e 31 32 33 34 35 36 37 39 39 40 a1 42 43 44 45 46 47 40 49 513 51 5z 53 54 5 73 56 3l 36 59 60 61 ez 63' 64 65 66 67 Is 6� 70 71 7] ]4 1131 J u 1989 C. OF EDINA CHECK K STER 04 -17 -89 GE 15 1i �3 _107G42 04/07/89 127.00 GIL HEBARD GUNS TARGETS 29- 4648 - 722 -72 71003 9933_ _ ' 4 4 Est . 69 5 5 e e Mama* *+ * -CK£• e �e 1 107644 04/04/89 100.00 GLEN $IPE PIANO $ERV SERV CONTRACTS 30- 42$8-782 -78 890331 1073 — -- —110 �9 100.00 a 12 10 „ M1M M1h M1+M a' *# -CKS ,4 12 16 3 1- 07668 04/07,'89 57.4e GRAYBAR ELEGTRIG GO P RTS 10-4540-520 52 808396 -996 17 14 107GG8 04/04/89 284.81 GRAYBAR ELECTRIC CO. FIXTURES 10-4540 - 520 -52 803432 9787 1e 15 107G68 04/06/89 275.54 GRAYBAR ELECTRIC CO. PARTS 10- 4540-540 -54 804912 9855 19 - -OT6 0'07TJ -TIQ GRAY"R ELE� ii 45 -99 z 8 o 21 17 1 , 1 3g . 67 122 23 1e 24 19M,+Maa __ -- — 25 26 20 21 107688 04/04/69 6,156.11 GRUBER POWER EQUIP MOWER 10- 4901- 650 -64 9402 2e 22 ' 23 24 3 25 733 26 107G94 04/04/89 268.45 GUSTAVE LARSON CO. THERMOSTAT 10-4540 - 646 -64 568427 963G 34 268.45 35 27 36 28 37 df .k -CK.5 38 29 39 31 ff 04"06Y,89 ft -4544 �. 325 26 1111611 CO. REPAIR KARTS 30- 1- 88- 41303 -9890 41 325.26 42 32 43 33 -- ih+MM 1k s # #- •�iLGC - -.44 34 45 46 35 36 107H?-?- 04/10/89 100.00 HAROLD 3WANSON POLICE SERVICES 10- 4100 - 430 -42 47 4e 37 4D 50 38 39 Mi1a 11aa CK5 _52 40 153 41 107H65 04/10/89 100.00 HOFFMAN- WILLIAM POLICCE SERVICES 10 -4100- 430 -42 54 100.00 76 42 I56 4] [51 *a -CKS 44 D 4s 0 HGOTEN n, EA61ERS L A. DRY- 184x862 =4'$ 42 o 46 le, 47 21.20 a lee ea 48C 164 49 65 50 66 107J74 04/10/89 482.13 JUSTUS LUMBER PAINT /LUMBER 30- 4544 - 782-78 83546 9697 e7 61 io7j74 047,067,89 i09.69 ' US3US LU BER UMBER "'^= 544 -402 -T8 60082 485 66 52 ,69 107J74 04/OG/89 24.62 JUSTUS LUMBER LUMBER 30- 4544- 782 -78 GOE77 7540 70 53 10 J74 04/06/89 118.04 JUSTUS LUMBER LUMBER 30-4344 - 782-78 62258 7320 71 54 n' 7]' 55 74 aaaaaa a era -CKS 75 S7 v 2 12 v _Y 1989 CITY OF EDINA CHECK REGISTER 04 -17 -09 PAGE 16 - CHECK -NO -DATE AMOUNT - -- VENDOR I- TEM- DESCRIP-T-ION CGOUNT- NO. -INV. # P.O. # MESSAGE 2 3 a� - 107K35 04/07/89 - 39 -1 -t KNOX- LUMBER -CO. LUMBER 10- 4504 - 646 - 64-410313 9633 - - 5 107K32; 04/07/59 43.27 KNOX LUMBER CO. SUPPLYS 10-4504-645 -64 410501 1124 5 107K35 04/07/89 112.70 KNOX LUMBER CO. LUMBER 10- 4604 - 646-64 439 °11 1009 7 — 1O7K35 - 04f0TfA9 11-00 KNOX- LUMBER -E0. UMBER ' -0- 4604 - 646 - 64-439620 -1008 - 0 107K35 04/04/39 7.08 KNOX LUMBER CO. LUMBER 10- 4604 - 646 -64 439796 9952 9 107K35 04/04/89 147.17 KNOX LUMBER CO. LUMBER 10- 4604 - 646 -64 439795 9952 o-- -107Y,35- 04/-07 -/89 - - z�5$ -7S KNOX- LUMBER -E LUMBER 0- 46-04 - 646 -64- 439 °55 - °872 - -- -- - -- 107K35 04/11/89 45.03 KNOX LUMBER CO. TOOLS 27- 4504 - 664-66 410347 1100 2 10TK3! 04/10/89 36.24 KNOX LUMBER CO. GEN SUPPLYS 28- 4504- 70E -70 439842 1002 3I— 1a 1 5' *« % 700.38 s*«-CKS :,7 107K57 04/07/89 3,686.30 KUETHER DIST. CO. BEER 50- 4630 - 822 -82 u 107K57 04/10/89 5,879.03 KUETHER DIST. CO. BEER 50-4630- 842 -84 vI 21 91565.33 ­:. CKS 22 23 107L22 04/06/89 390.00 LANDSCAPE d TURF FERTILIZER 27- 4558 - 664 -66 3541 9739 24 390.00 25 26 *wt *r * +:* -CKS 27 -- -- 107L30 -- 04/04/89 °,655 - -0 0 - LAYNE- MINNESOTA -CO. WELL- REPA-1-RS /PARTS 27- 4248 - 664 -6G-1- 6482 -8299 - 107L30 04/07/",9 10,770.00 LAYNE MINNESOTA CO. WELL RENOVATION 40-4M4a- 801-!50 10503 9550 29 30 107L30 04/06/$9 220.00 LAYNE MINNESOTA CO. TEST PUMP WELL 40- 4248-801 -80 16502 1031 3z 33 — 35 107L34 04/10/89 22.80 LEEF BROS. INC. LAUNDRY 27- 4262- 6G4 -66 36 22.30 37 35 * * * *x• � * ** -CKS 30 -- - 1 -07L52 -04/ +0-/-89 °32 -50----------L N30 -ASSOC "AT R- TREATMENT 30-4564-78-3-7S-14840-1-1 62 - - -- 41 232.50 42 xrx— .CKS -- a3 4a 107L56 04/04/89 8.00 LINHOFF PHOTO 10 -2149- 000 -00 1458°.7 45-- 1-07L-56 04/-04/89 5.25 L NHOFF PHOTO '- 0-2 -1 -49 -000 =00--131724 - 46 107L56 04/07/89 4.65 LINHOFF PHOTOS 10 -4504- 140 -14 149174 47 107L5G 04/11!59 17.25 LINHOFF GEN SUPPLYS 10- 4504 - 260 -26 149742 a5 - 1- 0-7-LSS 04"i 39 38:00 1=I-NHOFF DEVELOP -FILM 14- 4504 =.^60 - -i6- 14970 -1 - -- 491 107L56 04/07/89 5.25 LINHOFF PHOTOS 10 -4508- 440 -44 142038 S1i 107L56 04/06/89 36.00 LINHOFF COUNCIL PHOTOS 10-4600- 140 -14 131120 -+ 5z 106-40 53 54 ** +-CKS 56 107L76 04/06/89 2,930.37 LYLE SIGNS INC. SIGN MATERIAL 10- 4542- 325 -30 53491 5526 2,930.37 * a 1969 L OF EDINA V CHECK K STER 04 -17 -89 ,GE 17 J� 11— P - -O - -M MF_SSAGF— — I2 3 3 a 4 5 6 5 a 107L97 04/10/89 100.00 MERFELD -BERT POLICE SERVICES 10 -4100- 430 -42 7 s 7 6 * * * *** 9 9 10 * ** —CKS 11 1 2 ,1 107MO7 04/10/89 5,745.85 MARK VII SALES BEER 50- 4630 - 822 -82 '13 107MO7 12 04/07/89 8,284.46 MARK VII SALES BEER 50- 4630 - 842 -54 5���3g_e �_e._ le i3 rv7fiF07-- 14 04r�107RB9 10,463 0 24,494.81 �1flRK r i- SALES 19ER 17 e 19 15 16 — * * *- CKS-- - - - -21 17 107M14 04/04/89 10.00 MAUMA APRIL MTG 10 -4206- 140 -14 22 23 24 79 is 20 * * * *t 211 2] 26 i : ** -'I: 27 ze 22 107M16 04/10/89 850.00 MCCAREN DESIGNS PRO CONTRACT 30- 4224 - 781 -78 1160 m 30 23 za 1OTM16 04/10/87 303.55 MCCAREN DESIGNS TREES /PLANTS /SHRUBS 30-4060 - 782 -78 16494 1158 31 32 25 .26 41F Ika ** 27 3 34 :K ** —CKS 35 _36 Z9 107M19 04/07/89 232.50 MCGUIRE AUTO SUPPLY GEN SUPPLIES 10-4504 - 560 -56 _ 38 30 IOTM17 04/0T/87 0,T37.87 MCGUIRE AUTO SUPPLY RCPAIR PARTS 10-4540 - 560-30 i39 37 -5. r'� MGGI ELiU�9 SkiFQf�6T TOOL�F 104580=308 = @0 40 4 31 32 107M19 04/07/89 265.02 MCGUIRE AUTO SUPPLY PARTS 10- 4680- SGO -50 42 33 T, 632.58 43 34 _44 145 * * * *ht ]] * ** —CKS 46 36 07MB3 04 49 225.00 MARKETI G FACTO -8E-Q- 820-82 l47 48 49 37 36 107M'3 04/11/87 EZ5.00 MARKETING FACTORS SERVICES 30-4801- 840 -84 �50 39 1Q7MZ3 04/11/89 EZ5.00 MARKETING PACTOR15 SERVICES 30-4201- 860 -86 5' 52 40 679. 00 53 at I55 * ** —CKS 55 41 56 44 107M27 04/04/89 258.00 MERIT SUPPLY SHOP SUPPLIES 27-4504- 664 -66 21321 9521 58 107M27 04/10/89 479.30 MERIT SUPPLY GOLF CAR CLEANER Z7- 4504-603 -66 E1371 7767 150 45 -- 1-07M27 0 $-39 — MERIT - SUPPLY '-RASH -BAG& 27 -451$- 667 -66- 2-1299 -9$T4 - al 47 107M27 04/06/89 379.60 MERIT SUPPLY CLEANING SUPPLIES ZS- 451E - 702 -70 21357 9993 lag 4a 107M27 04/06/69 995.00 MERIT SUPPLY SECURITY GATE 30- 4304 - 781 -70 Z1Z50 7084 X63 07M? -7 040,04/89 498.00 �•� SUPPLY GEN G1O�YPPI:� •FS 30= 45�4=71'2�° .��t�39 -9 63 64 49—i 107M27 04/05/89 462.90 MERIT SUPPLY CLEAN SUPPLIES 30-4512 - 782 -76 21370 1006 65 �6e, 50 sl 107M27 04/04/89 468.30 MERIT SUPPLY CLEANING SUPPLYS 30-451E-T8E -70 E1300 9810 e7 107MP-7 04"04"69 PLY CLEANING SUPPL78 30 -451a Tee 78 ^134s--9-936 -'ea 52 53 54 3,971.45 * 70 71 _ 1 72 55 56 57 107M31 04/11/89 14.45 METRO FONE COMM. PAGER ENTAL 10- 4226 - 420 -42 303780 73' 74 'SI v 1939 CITY OF soIm« --- --- CHECK REGISTER- 0*-17-o9 pxus 18 ` ` ` ' " ^ " " ` ^ " " , " 00 "| !2�' 0 c ' - ` ___ 3 14.45 107M39 04/11/89 Se6.46 MID CENTRAL INC. 2 NOZZLES 10-4504-440-44 004324 9667 107M42 04/11/89 1,496.10 MIDWEST ASPHALT COR. ASPHALT 40-4524-803-80 2847 4804 26 149.39 17 CK 107M46 04/11/89 S1.09 METZ BAKING CO BREAD e7-46e4-663-66 107MS4 04/10/89 32.00 MILLER DAVIS CO. LEGAL FORMS 10-4504-eOO-eO 659!eTS 1064 36 3E.00 C KS 41 107M63 04/07/89 276.70 MN. BAR mix 50-4632-842-84 42 107M63 04/07/89 393.21 MN. BAR mix 50-4632-862-86 4, 107M68 04/04/89 370.83 MN. CELLULAR TEL. PHONES 10-4204-140-14 807727 107M68 04/11/89 463.49 MN. CELLULAR TEL. PHONES 10-4226-420-4E 107M69 04/04/89 48.50 MCC/MIDWEST CONTRACTED REPAIRS 23-4248-612-61 16601 t 53 230.60* ` ` ` ' " ^ " " ` ^ " " , " 00 "| !2�' 0 c ' - ` ___ 1989 L OF EDINA CHECK STER 04 -17 -89 1GE 19 �15 -- — _ - - -- - -- 2 16 2 f7 107M81 04/00/89 0,750.00 MN. TORO INC. NEW GREENSMOWER t7- 1340- 000 -00 744T34 9051 z 1e 6,850.00* 6 , 926- -94'x` 2, 19 f107M85-0 04/10/89 57.62 MINNESOTA WANNER SUPPLIES 10- 4504 - 642 -64 071568 2' 20 107M85 04/10/89 12.42 MINNESOTA WANNER REPAIR PARTS 10- 4248 - 642 -64 071425 * * *-CKS 2 70.04* 2 22 NZ0 --04f B 33 10 - 2 230.$0 * 3 23 3 24 —, 4 3 25 3 3 2° 107N22 04/04/89 70.00 NATL GUARDIAN SYS. CONTREACR EQUIP 23- 4248 - 612 -61 102$00 3 27 1 -07N22 - 04"04" UARDI- AN- -•�rYS -: CONTRA ' = °4 =45 a =64 0315 3 2° 29 lOTN22 04/11/89 473.99 NATL GVARDIAN SYS. ALARM =7-4304- 062 -06 103039 3 lOTN22 04/06/$9 111.99 NATL GVARDIAN SYS. ALARM t8- 4304 - 702 -70 103041 3 30 w n , 4 3i— iOTN2E ......n.a9- 1 -0791- r41ARDI�N- $Y- SA�1nRp e�.er 50- 4384= 2- �v� °- �V3159 ^4 32 107N22 04/00/$9 1T5.98 NATL GUARDIAN SYS. ALARM 5YST 50-4304-801-86 103158 la 33 1,133.60 * 4 _ — _ - * * * -CK5 14 3a rt *rtrtrtrt 35 4 36- 107N68 94/07,,89 e33.00 � ^RTHSTAR ICE BEER 1 �0- 4630 -- 868 -80 4 37 �4 3e 107NG8 04/07/89 00.00 NORTMSTAR ICE MIX 50-4632- 822 -82 5 I07NG8 04/07/89 118.50 NORTHSTAR ICE ICE 50-4032- 842 -84 5 39 S 40 41 5 rtrt * *rt* trt * -CKS e 42 5 43 5 44 107017 04/04/89 2,630.55 OFFICE PRODUCTS LASER PRINTER 10 -1139- 000 -00 076789 9691 I5 107017 04/04/89 2.',520.00 OFFICE PRODUCTS COMPUTER EQVIF 10-1139-000 -00 076733 9079 I5 45 e 46 07 @13- X4/-06-/8 9- 9F 3- CE- PROD6C-TS SER-V -I-CE- CON -TRACT +0"ES8�5-�8- 5 -1 - -0- x8$9-9 -9931 — - e a7 107017 04/04/89 104.00 OFFICE PRODUCTS MOD SUPPLIES 10 -4504- 510 -51 076425 9820 ie 107017 04/11/89 205.00 OFFICE PRODUCTS COMPUTER SUPPLY$ 10-4504 - 510 -51 077536 995E e 49 n n , {}1� -0489 48 .00 nCC1rr eonno�r�rc M.01)EERN- -SWB„Y 1 n- aOna -ct 0-54 n7- 6039 - -9�0 49' ° 50 10;017 04/04/89 1,344.00 OFFICE PRODUCTS COMPUTER EQUIP 25- 4942- 001 -23 076813 9740 e 6,941.55 * ° 51 e rtM *IF,b 1k ° 52 53 7 54 t 5 0-30 0 4/11 o',99 35.00 OLD DUTCH FOODS Cwl-pS 7-4624-663-6-6- 35.00 '� 7 7 7 -* -GK a e .. e 7 e 9 � 0 1 z a e o� i 3v 4 7 4 e 0 1 � V 1 2 1 13 s - -TM73 - � �4/ i 0/8 M MN-.---ELEVATOR — —CONTRACT E 0 0- 4288- ?82- 48�94i s s 88.00 * * e e i-E1. e 1 107M80 0 04/06/89 1 1,800.00 M MN SUBURBAN NEWS P PRINTING 3 30- 4600 - 781 -78 2 290070 " 10 0 1 107M80 — 0 04106/8 0 00-.0MMUBURBA#- - -N P PR-1NT- N G S SO -600 781 7S-e90673 1 1 11 1 107M80 0 04/06/89 6 600.00 M MN SUBURBAN NEWS P PRINTING 3 30- 4600 - 781 -78 2 290090 1 1 12 1 2,700.00 * * ' ' 3 14 1 107M81 0 04/07/89 1 100.00 M MN. TORO INC. S SCHOOL 1 10 -4202- 600 -60 D D55916 9453 , , a e .. e 7 e 9 � 0 1 z a e o� i 3v 4 7 4 e 0 1 � V 1 1989 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE 20 � cn�vrr -mr—vm , f ` m Gf1�7CpQI�i" fTnO— il�7- 1r- f-- V- 1'- "1'IG'�Jr1VG- 1 2 2 3 — 10- 7044 0.4- / -04>' 1-4 WATERFALL REPAIR —34- 4504 =;-83 6 1836990 3 is a 5 151.40 * e e 7 e *_C!( 9 e 107048 9 04/04/89 3.75 ORR SAFETY EQUIPMENT PACKINGS 10-4540- 440 -44 501216 8170 10 ++ 12 O 1 3.79 13 14 IS 1e 13 4 107PO3 04/06/89 1,485.50 PACE LAD WATER ANALYSIS 40- 4248 - 803 -80 30124 1024 17 „ 15 1.485.50 * to 20 _ le n e 21 22 23 2 19 20 320.00 'w 25 26 21 22 1hM1h1h 27 2e EK- 29 23 24 107PEE 04/11/89 250.00 PAVEMENT MGMT SYS SERVICES 10- 4201 - 260 -26 3• 31 27 icTP22 04/1 1 0e89 1,300.00 PAVEMENT MGMT RVI.,CES 1-- 0- 42-0,_ —a„-r� n -Z 26 1OTP28 04/11/89 T50.00 PAVEMENT MGMT SYS SERVICES 10-4201 - EGO -Z6 33 34 27 Z1300.00 35 36 20 ze 37 * ** -CK5 3e 30 107P-30 0 /69 A c�8 58 OGGCT CG LA ESOTT1 IN G N CS44M C CO..CE.� 28�G24 X03 �0 39 40 el 31 32 107F30 04/10/89 229.90 PEPSI COLA BOTTLING MIX 50 -4G32- 822 -82 42 107P30 33 04/10/89 473.15 PEPSI COLA BOTTLING MIX 50 -4G32- 842 -84 43 7P3 0 ^ - 66.2 0 PEP S I COLA -BOTrL I NG - m i x r P-44C- :a_�2_ -8 6 _ an 35 1,397.75 * 43 146 4] 35 a6 -rrK $�, 37 I49 36 39 107PSO 04/06/89 17.95 PIPE FABRICATORS FABRICATE PIPE 40- 4248 - 801 -80 26833 9615 50 s, 52 _ 40 41 * *w * ** a2 53 54 * * *-CKS 55 s6 44 107P54 04/11/89 202.00 PLANT b FLANGED EQU REPAIR PARTS 40-4540 - 801 -80 6254 9961 5e 45 202.00 * 59 60 46 4] 46 2-7.20 PLUNKETTS °� 28-4904-702-70 61 * * * -CKS e2 63 64 49 50 27.20 - 65 66 51 1hM 67 k # -j--KS 66 52 53 107P6e 54 04/11/89 63,950.00 POLAR CHEVROLET CARS 10 -4901- 420 -42 - - - 8308 69 0 71 72 55 56 5] 76,840.00 73 74 75 7 J r f ` J r ' 1 1939 OF EDINA L.. CHECK iSTER 04 -17 -8. AGE 21 2 it 12 4 I3 — 107P70 04/14/89 3;400:0@ POSTMASTER POSTAGE PERMIT M939--- 10 -4e9O 510-51 __1 ' e 3,000.00 e 7 ,— e 9 107P75 04/06/89 380.00 PREMIER OUTDOOR SERV PRO SERV 30 -420i- 782 -78 1008 1084 11-2 to ++ 10 380. 00 113 14 11 12 107P76 04/04/89 955.50 PRECISION DYNAMICS GEN SUPPLIES 30-4504 - 783 -78 112400 9818 7 Iii 13 PRECISION DYNAMICS Es 30-4504-783 78 i i24- 98 -98�$ 14 107P76 04/04/89 955.50 PRECISION DYNAMICS GEN SUPPLYIES 30-4504— T83-78 112400 981P e 5 955.50 Al v zo _ i6 17 e *1h 1F 1h ** 9i.00 PRINTER8 8ERV lNG BLADE SHARPENER 28-4274-704-70 * 21 * =k —CKS 22 23 24 19 36496 23 20 91 .00 26 21 22 27 29 23 24 107P80 04/04/89 51108.80 PRIOR LAKE AGG. GRAVEL /BAND ROCK. 10- 4522-318-30 I3+ 3 25 26 27 33 34 33 38 29 107P94 04/04/89 45.00 PUBLICITY CENTRAL ADVERTISING 30 -4214- 781 -78 3756 1070 39 30 45.00 * 130 !40 31 32 41 *m* —CKS 42 33 34 i 7009 -6471 i1 8 26.92 — QUALITY REF RIG REPAIRS 43 . - -44 35 1 L6 . 9Z * I45 46 36 47 *—GK$ 149 37 4D �50 3e 39 107022 04/11/89 60.60 QUIK PRINT PRINTING 27-4600 - 661 -66 6575 1224 5, 1 0-7-02z! R-INT SUMMER— BROGMURES —28-4600-701-70 03276 - -1 -054 -- 52 40 01 107022 04/00/89 140.08 QUIK PRINT PRINTING 28- 4600 - 701 —TO 032676 99?9 I„ 42 244' 15 * 55 ISe _ 43 44 BOW LEASING CC) ACT 10 507 -50 M6110 57 e 5 sv 46 47 �T 570.53 —SERV -4226- ,bo e2 48 e3 S0 31 107R33 04/10/89 3,639.70 REX DISTR. BEER 50-4630- 8E2 -82 ee �e7 sz R3 i'STi • BEER SO 4630 842 84 ev 53 107R33 04/10/89 3,60m.10 REX DISTR . BEER 30-4630— r0>: -80 170 54 12,758.63 71 72 55 56 S7 + * *F ** 73 ** *—CKS 74 77 1939 CITY OF EDINA CHECK REGISTER 04- 17 -39 PAGE 22 -- CHFCl1- tin -- nA-TF- AMn11NT — VFN11nW T- TFM- nF;PrR.TP.T- -T.CIN A(`C.n1.1NT- _NCI —._TNV _ -tl D A. 8 M97c:C.ACF - _ r - 71.25 4 107R47 04/10/89 147.13 ROAD MACHINERY WATER PUMP 10- 4540 -56 -56 L31089 6693 5 147.13* 6 , --i 07R49 04/4Ot'39 518-24 ROAD�ESCUE AMBULANCE -SUP 1-0 -45+0- 440- 44 -0 -1- 0666 -- 9903 -- t n7�eAn pq ioa� 1117 1 3 ROAD RE °CU6 .599 see -- -- .. _ . 6P.93 0 9 518.24* 665 . 37-t 10� 11 1z -- 4- OL7R77 04/.4•, 0/8'9 1z2. ROYAL - -CROWN -BED'. M:X 50- 4630- ��4c^ -84 I - -- - - 14I 107877 04/10/89 61.80 ROYAL CROWN BEV. mix 50-463E- 822-52 i5� 183.80 16 n »: ** -CKS 19 9 1 07 7 -90 41a 0.189 414.90 RTW !NG. FED— F9R�E- I -6Ea� 10= 4.?G9= 5- 1- -0 - -J1 201 107R79 04/05/59 112.50 RTW INC. FEE FOR SERVICE 10-4260- 510-51 211 527.40 zz * ** 23 +.*:l-CKS 24 7R3i 04/ -04/89 150.$11 RU$ENST €rw,...- -��rvF CRAFT `iUPP�IE9�5 23 5 >P-r� r gr.., •3�� T`� -r:r7 23 150.84 26 27 20 107508 '9 107508 3U 04/06/89 385.35 SAYLORS SOFTWARE 15T SOFTWARE DTP 10-4902-510 -51 ZO115 9 °•45 31 - -1 OT503 04/{IU�59 ° 11- 3- 3L— A-Y-LOR- 3- SOF- T- WARE-4-ST SOF-TWARF,--ARENA E15= 1- 3 00-0 1 - J2 107501_ 04/10/89 426.80 SAYLORS SOFTWARE 15T COMPUTER SOFTWARE 28-1300- 001 -00 20508 9932 33 _ _ 1,215.50 I 34 3s 36 7520 0411.07-/89 256 -0 0 OX ANNE SERV2CES 30 -1201- 781 -78 37 30 256.00 39 40 41 107527 04/04/89 44.69 SHERWIN WILLIAMS PAINT 30- 4544 - 782 -78 05070 1074 42 — 1-47E27 ^4/ i i X89 ' P. 08 SHERW I N WILLIAMS PAINT 44 $6.69 45 --- •� *kwa as -G 46 47 4e 107536 04/10/89 3,296.15 SOUTHSIDE DISTR. CO. BEER 50 -4630- 822 -82 - 1076 -36 04/-, 0>'a9 9.37 EER 50 =463S -84c^ -84 - - -- -- 50 12,668.30 0. * ** -CKS - - 52 53 107545 54 04/11/89 30.00 ST. PAUL BOOK SUPPLYS 27- 4516 - 661 -66 868764 ss '6 *»»» w* 57 *Mw -GKS r - e L. J r./ I 1989 G_ . OF EDINA CHECK K •STER 04 -17 -89 iGE 23 — Ued21t►,n w ur_"nnp TTr-" nE- GER- PT ---- ACCOUNT !10- !NV- NT —G. — MESSAGE - �_ � 2 3 3 -04/04/89 " ".ie S STARK— ELECTRONICS C CONNECTORS 1 10- 4J49- 5E0-52 465640 9 9789 ` ` s 5 1 107856 04/04/89 2 23.36 25.66 S STARK ELECTRONICS S SUPPLIES 1 10- 4540 - 540 -54 467000 9 9856 i ie 6 4 46.54* — 46.84 e e i Ik 11cA A1kA ' '�'* *—CKS 1 9 9 0786-t— 04/-1-0/8 , , .4 T TE•— TRE-ASURER U UR_cHGT/k — —3095-- 090-00 2 22.13 11 1 107361 04/10/69 7 77.00 S STATE TREASURER B BLDG PERMITS 1 10-3113-000-00 1 14 12 3 3,740.40 * * 1 15 fe 13 1 • ** N1ky1 * *** —CKS e 17 5 _ 10757E- 94>fitf6 6 6:59— � �TREiCHER E EN 3UPP 0 0-42 M58747 - -9813 - -- — _ 20 17 2 76.50 2 22 to r ry 7 19 2 25 20 107578 04/06/89 4 48.94 S PLUGS VALVES 1 10- 4540- 560 -56 9 9958 2 724 l 21 1 07578 0 4s 1 3 37.52 S SUBURBAN PLUM 0 SUP 5 5 W1T ES 2 23 4504 — '- • • — '- • 9 94 ?3 2 2e zz 107576 04/10/89 1 143.50 S SUBURBAN PLUMB SUP R REPAIRS 2 28 -4248- 702 -70 9 9936 3 30 23 1 107578 04/11/89 2 209.90 S SUBURBAN PLUMB SUP R REPAIR PARTS 4 40-4540- 801 -80 9 9806 3 31 24 1 �}T� ?8 0411 '89 1 183 30 ° SUBURBAN PLUMB 1 1-Innnn 4 40 —nrnn� —844—n 3 9-943 3 3 zs � 107578 04/11/89 8 82.13 S SUBURBAN PLUMB SUP W WOODDALE FILTER 4 40- 4540 - 801 -80 9 9774 3 34 26 1 705.29 * * 3 35 28 i i37 2B 3 39 30 1 OTS92 ^ °9 r rr n° 8 8*8Tr��Q�1°T�. N NEW G9Mf'l1TE�i Q1e 1 10--°C+04- 42-0-42 -- 030- 9- 90 - -9984- 140 31 107592 04/06/89 2 20.47 S SYSTEM SUPPLY M MAILING LABELS 1 10- 4504 - 510 -51 031107 1 1049 4 42 32 1 ] C C L C C iC C s C C C� t W 1989 CITY OF EDINA CHECK REGISTER 04 -17 -59 PAGE 24 HECK —N0 —DATE AMOUNT VENDOR I. M--DESGRTPT *ON AGGOUNT NO !NV -1l— O— #— MESSAGE 2 12 3 3 107T11 04/04/89 1p53�.39 TESSMAN SEED & CHEM. TREES /FLOWERS /SHRUBS 30-4660 - 752-78 13756 9765 A _ 4.5 .. - _- ____ -___ -- ___.__..___- 5 Jam. J 5 6 17 0 e i o e 107T13 04/04/89 159.60 TOM HORWATH MILEAGE 10- 4208 - 644 -64 10 9 12 10 13 Ms *fi *� fixs -CKS 1 11 4 u 12 13 0 20 04,689 38i.05 H PRINT SHOP NEWSLATTER 10-4600-628 7-E-97 -17 14 381.05 * e ,o 15 2 16 21 17 22 107T29 04/10/89 848.04 THOMSEN- NYBECK LEGAL 10-4201 - 220 -22 23 e 24 9 9 04,z1 ^rc89 }2, o'r3 . �i9 T#FC 9Ei4- "- .:T"OE{:14 LEGAL 1 0,_$132 n_ »�, an, P X25 20 18, 861.43 • 26 27 2' 28 22 —1 , 23 8,700.15 30 31 24 _ 92 25 33 28 34 107T42 04/04/89 31.63 TOOLS BY OLSEN SMALL TOOLS 10 -4580- 646 -64 16828 9767 35 27 36 28 37 29 38 #1R k k ** *** -CKS 3a 30 ao 32 107T66 04/04/89 39.69 TRIARCO ARTS 6 CRAFT CRAFT SUPPLIES 23- 4588 - 611 -61 323077 9529 42 107T66 04/04/89 91.19 TRIARCO ARTS 6 CRAFT CRAFT SUPPLIES 23-4588-611 -61 322650 9753 43 33 44 34 __.__.___.__ —•45 35 46 47 36 4 38 107T74 04/04/89 366.60 TURF SUPPLY CO. TURF SUPPLIES 10- 4566 - 641 -64 025205 8995 so 39 366.60 * 51 5z 40 *1k 1C 1k * ** —CKS 54 41 55 42 I58 47 61.43 $ 5s 44 59 45 46 4 62 48 107T86 04/04/89 145.32 TWIN CITY FILTER FILTERS 10 -4504- 520 -52 T2475 9853 63 64 49 65 66 50 •1e * *rt* * ** -CKS 67 5, 68 sz 107T88 04/07/89 30.96 TWIN CITY HOME JUICE MIX 50- 4630 - 862 -86 go 53 107T88 04/10/89 139.62 TWIN CITY HOME JUICE MIX 50- 4632- 842 -84 71 54 72 55 73 74 S6 •i01k 1k• * * * -CY.S 75 n 7 z 4 s e 7 e 9 tf is „ is NQ e^i 1 1939 1. OF EDINA CHECK _STER 04- 17 -8ci AGE 25 rtct.7r-rvtr -v►t tnw rcrrvc�c�c- arTavn--— RCCOOnr- nv-- arrv— �- r- v— n- ncaanv� , z �3 --- 107U08- 04/1 -Y/89 53-40 UNIFORM- UNLIMITED UNIFORM - ALLOWANCE 1- 0 -4L66- 420 -42 - - - -- - -- -- 4 107U08 04/11/89 76.80 UNIFORM UNLIMITED UNIFORM ALLOWANCE 10- 4266- 430 -42 s 6 107U08 04/11/89 30.00 UNIFORM UNLIMITED GEN SUPPLYS 10- 4540 - 560-56 7 s Its e ,0 ,2 107V10 04/10/89 362.46 VALLEY INDUSTRIAL PROPANE FUEL 28 -4612- 704 -70 13 ,4 362.46 * 16 , M, M, Ic 6s,11 ,k ,i * ** -CKS ,6 1-07V15-------04/04/89 "5 AN-PAPER-CO. PAPER-CUPS 4- 627 -62 a 50900 -9985 - Z° 107V15 04/04/69 30.95- VAN PAPER CO. PAPER CUPS 10- 4504- G27 -67 250900 998 zz 107V15 04/04/89 36.95 VAN PAPER CO. PAPER CUPS 10- 4504- 62T -67 250900 9985 23 vi S ^vii v7r'c° 4a9 . SB 526.50 * VAN PAPER G6. SdPRbYS 1 8 r5i- ^r= Sao -BE -53i- 1 0 24 zs 26 27 za 107V80 04/04/89 70.80 70.80 VOSS ELECTRIC SUP LAMP 10- 4504 - 646 -G4 30 248308 9786 31 32 •d,h 1R d1M 33 34 *** —CKS 35 36 107WIS 04/10/89 100.00 WALTER JOHNSON POLICE SERVICES 10- 4100- 430 -42 137 36 100.00 * 3D 40 A1A** ** 4i * ** —CKS 42 — 107W63-------(W-04-/89 00 IRD GO PRINT e3- 4640- 011 -61 43 }30 97-55 a4 107WG3 04/04/89 214.50 WM BAIRD CO PRINT 23- 4600- 611 -61 129 9755 145 a6 107W63 04/04/89 495.00 WM BAIRD CO PRINT 23 -4000- 011 -61 132 9755 47 146 sraw�* 49 e0 * ** -CKS s, �sz 107W92 04/10/89 100.00 WROBLESKI -HENRY POLICE SERVICES 10- 4100- 430 -42 �e7 64 100.00 7e �6 •ae * *s 57 * ** -CKS 68 SD — 1�73E05 047�-0r'�,�89 e 8- 09�- r n ,�O�EAR� SPEC FICATI NS ��ti-4= =o.T,�o 10-4504-260-26 x'827 60 — 6 1 107X05 04/07/89 53.21 XEROX CORP. SPECIFICATIONS 10 -4504- 260 -26 92 7 ez 6 321 .30 w 63 60 *srtkwrt ***-CKS lee 67 n6 SUPPLIES w 27 -4Srod -664 -6 G 7- 9-5-99 110.95 W 6D 70 71 _ 72 107Z05 04/11/89 27.00 ZEE MEDICAL SERVICE FIRST,AID SUPPLYS 27- 4288 - 662 -66 73 74 1223 75 7 C: 2 3 4 L' fE B s u I � ,! le le If !� 2( 21 2: 1C 2: 2e 2. 2( y 2- g 2f y �2E 0 3E 31 t 3: 4( 41 4: 4; 4. 4! 44 4; 4f aE S( S' S: 5: 1989 CITY OF EDINA CHECK REGISTER 04 -17 -89 PAGE 26 107ZOS 04/11/89 7S.7S ZEE MEDICAL SERVLCE FIRST AID 27- 4504- 664 -66 1128 335,393.87 335, 693 -76 3,184.25 3,166.98 13,04T.51 FUP40 10 FUND 23 FUND E5 TOTAL TOTAL TOTAL GENERAL FUN ART CENTER CAPITAL FUND 1131716.24 251.69 14,288.P7 Z7,497.78 95,431.48 FUND FUND Z5 FUND 29 FUND 30 FUND 40 FUND 50 TOTAL TOTAL TOTAL TOTAL TOTAL GOLF COURSE—FUND RECREATION CENTER FUND GUN RANGE FUND —CBI BGR-GUGH PARK UTILITY FUND —� LIQUOR DISPENSARY FUND 23,070.52 ND 60 FUND 66 TOTAL 1 TOTAL UCTION —FUN IMP BOND REDEMPTION 0Z 647,746.04 647,758.66