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HomeMy WebLinkAbout1989-12-04_COUNCIL PACKETAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL REGULAR MEETING DECEMBER 4, 1989 7:00 P.M. ROLLCALL I. APPROVAL OF PRA MINUTES OF NOVEMBER 20, 1989 II. ADJOURNMENT EDINA CITY COUNCIL 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. PUBLIC HEARING - PROPERTY TAX INCREASE - 1990 BUDGET (Continue to 12/18/89) III. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planner. Public comment heard. Motion to.close hearing. Zoning Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all members of Council to pass. Final Development Plan Approval of Property Zoned Planned District: 3/5 favorable rollcall vote required to pass. A. Second Readin 1. Ordinance No. 804 - Regulating Plats and Subdivisions 2. Ordinance No. 825 -A30 - Requiring Larger Minimum Lot Areas and Dimensions for Certain Lots in the R -1 District B. Request to Reconsider Zoning Ordinance Amendment No. 825 -A32 - To Allow Private Clubs in PC -1 District IV. ORDINANCES First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of majority of all members of Council required to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. A. First Reading - Ordinance No. 1232 -A1 - Amending Ordinance No. 1232 to Include Regulation of the Use of All Municipal Parking Facilities V. SPECIAL CONCERNS OF RESIDENTS VI. AWARD OF BIDS A. Collection of Garbage/Refuse - City Properties (Contd from 11/20/89) * B. Scoreboards - Van Valkenburg Park * C. Furnace System - Braemar Golf Dome * D. Emergency.Repair - Well #2 VII., RECOMMENDATIONS AND REPORTS * A. Set Year End Council Meeting Date (12/27/89 - 4:30 p.m.) * B. Feasibility Report - Street Lighting - Set Hearing Date (12/18/89) C. Recommendation - BFI Recycling Contract Amendment VIII. RESOLUTIONS Favorable rollcall vote by majority of quorum to pass. * A. Appointment of Agents of Edina Community Health Board Agenda Edina City Council Page 2 IX. INTERGOVERNMENTAL ACTIVITIES X. SPECIAL CONCERNS OF MAYOR AND COUNCIL XI. POST AGENDA AND MANAGER'S MISCELLANEOUS ITEMS A. Confirmation - First Council Meeting in January - Tuesday, January 2 XII. FINANCE * A. Payment of Claims as per pre -list dated 12/4/89, Total $502,271.27 0 SCHEDULE OF UPCOMING MEETINGS /EVENTS Sat Dec 16 Council Study Session 8:00 a.m. Braemar Clubhouse Mon Dec 18 Joint Council /Park Board Meeting 6:00 p.m. Mgrs Conf Rm Regular Council Meeting 7:00 p.m. Council Room Mon Dec 25 CHRISTMAS DAY - City Hall Closed Wed- Dec 27 Year End Council Meeting 4:30 p.m. Mgrs Conf Rm Mon Jan 1 NEW YEAR'S .DAY - City Hall Closed Tues Jan 2 Regular Council Meeting 7:00 p.m. Council Room Mon Jan 15 MARTIN LUTHER KING DAY - City Hall Closed Mon Jan 22 Regular Council Meeting 7:00 p.m. Council Room MINUTES EDINA HOUSING AND REDEVEIAPMENT AUTHORITY NOVEMBER 20 1989 Answering rollcall were Commissioners Paulus, Rice, Smith and Chairman Richards. MINUTES of the HRA Meeting of November 6, 1989 were approved as submitted by motion of Commissioner Smith, seconded by Commissioner Rice. Ayes: Paulus, Rice, Smith, Richards Motion carried. There being no further business on the HRA Agenda, the meeting was adjourned by motion of Commissioner Smith, seconded by Commissioner Rice. Motion carried. Executive Director A. A o e -.10 �O •'NCbAPOW`1. t'9 • �BaB REPORT /RECOMMENDATION To: Kenneth Rosland From: Craig Larsen Date: December 4, 1989 Subject: New Subdivision Ordina No. 825 and Zoning Ordinance Amendment 825 -A30 Recommendation: Agenda Item # TTT_ A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ❑ Resolution El Ordinance ❑ Discussion Second reading for new Subdivision Ordinance and corresponding Zoning Ordinance Amendments. Info /Background: Attached is the final draft of the proposed new Subdivision Ordinance and -corresponding amendments to the Zoning Ordinance. The Subdivision Ordinance revises the definition of Neighborhood to include all single family lots within 1000 feet of the property proposed for subdivision. Other changes to the Ordinances are underlined. These changes are made to correct inconsistencies within the Ordinance. Following the November 20, 1989, Council meeting we applied the new definition to various areas of the City to understand the impact of the change. We are concerned that, in many cases, 1000 feet will give a distorted view of the merits of a proposed subdivision. In many cases 1000 feet will draw in lots which are much larger or much smaller than lots which are most impacted by a proposed subdivision. Several examples that illustrate the 1000 foot radius are attached for your review. iii Staff suggests the area used to define Neighborhood be revised to read "all single dwelling unit lots wholly or partially within 500 feet of the property proposed for subdivision." We believe that a 500 foot radius will provide for an adequate number of lots and will define a neighborhood which more directly relates to the property proposed for subdivision. Also, although not the reason for our recommendation, the reduced area will lower the cost to the proponent and to the City. Examples of the 500 foot Neighborhood area are attached. At the November 20, 1989, meeting members of the Council questioned the need for a fixed definition of Neighborhood. It should be pointed out that a fixed definition of Neighborhood is the cornerstone of the Ordinance. Without a fixed definition it would be impossible to calculate the minimum lot area and dimensional standards required by the Ordinance. If the Council chooses not to provide a definition of Neighborhood, the Ordinance as currently written, should not be adopted. Finally, if, for any reason, the Ordinance is not granted second reading, the Moratorium should be extended. It is due to expire December 14, 1989. NEIGHBORHOOD: All lots in the Single Dwelling Unit District as established by the Zoning Ordinance which are wholly or partially within oo feet of the perimeter proposed plat or subdivision, except, however, those lots used for publicly owned parks, playgrounds, athletic facilities and golf courses, and except those lots used for conditional uses as established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or shall be Included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 1000 feet shall be measured from the common line of the street and the proposed plat or subdivision. NEIGHBORHOOD: An bas in the Single Dwelling Unit District as established by the Zoning Ordinance Much are wholly or partially within feet of the perimeter proposed plat or std�divisk n, excepC however, those lots used for publicly owned parks, playgrounds, athletic faces and golf courses, and except those lots used for conditional uses as .established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or shall be ftftfed in the hood. As to streets on the perimeter of the proposed plat or subtilinsion, the 1000 feet shall be measured from the common line of the street and the proposed plat or svftivision. NEIGHBORHOOD: - All lots in the Single Dwelling Unit District as established by the Zoning Ordnnance which are wholly or partially within of the perimeter proposed plat or subdivision, excep4 however, those lots used for publicly owned parks, playgrounds, athletic facilities and golf courses, and except those lots used for conditional uses as established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or shall be Included In the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 1000 feet shall be measured from the common line of the street and the proposed plat or subdivision. NEIGHBORHOOD: All lots in the Single Dwelling Unit District as established by the Zoning Ordinance which are wholly or partially within 500 feet of the perimeter proposed plat or subdivision, except, however, those lots used for publicly owned parks, playgrounds, athletic facilities and golf courses, and except those lots used for conditional uses as established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or shall be Included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 1000 feet shall be measured from the common line of the street and the proposed plat or subdivision. NEIGHBORHOOD: An lots in the Single Dwelling Unit District as established by the Zoning Ordinance which are wholly or partlally within 1000 feet of the perimeter proposed plat or subdivision, excep4 however, those lots used for publicly owned parks, playgrounds, athletic facilities and golf courses, and except those lots used for conditional uses as established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or shall be included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 1000 feet shalt be measured from the common line of the street and the proposed plat or subdivision. NEIGHBORHOOD: All lots in the Single Dwelling Unit District as established by the Zoning Ordatance which are wholly or partially wIthIn500 feet of the perimeter proposed plat or subdivision, excep4 however, those lots used for publicly owned parks, playgrounds, alldeft facilities and golf courses, and except those lots used for conditional uses as established by the Zoning Ordinance. If the neighborhood includes only a part of a lot, then the whole of that lot or strap be Included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 1000 feet shall be measured from the common line of the street and the proposed plat or subdivision. 350 PARE AVENUE NEW YORE, NEW YORE 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857 -0700 3 ORACECHURCH STREET LONDON EC3V OAT, ENGLAND 01 -929- 3334 36, RUE TRONCHET 75009 PARIS, FRANCE 0I- 42- 66 -59 -49 PAR EAST FINANCE CENTER HONG KONG 852 -5- 8612555 DOBSEY & WHITNEY A PwnTNCNSHIP INCLOOINO Poore SSION�L COHIOWTIONS 2200 FIRST BANK PLACE EAST 340 FIRST NATIONAL BANE BUILDING MINNEAPOLIS, MINNESOTA ,13402 ROCHESTER, -3156 35903 (5o7)28e -31as (612)340 -2600 315 FIRST NATIONAL BANE BUILDING TELEX 21)- (1(i0`S WAYZATA,MINNESOTA 55391 FAX (fi12) -1. to (612) 475-0373 THOMAS S. ERICKSON, P. A. (612) 340 -2659 November 27., 1989 Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager 4801 West 50 Street Edina, Minnesota 55424 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406)252 -3800 201 DAVIDSON BUILDING GREAT PALLS, MONTANA 59401 (406)727 -3832 127 EAST FRONT STREET MISSOULA,MONTANA 59802 (406) 721 -6025 Re: Proposed Ordinance No. 804 (the "Proposed Ordinances ") Dear Members of the City Council and Mr. Rosland: This letter is written .in response to a letter that the Edina City Council received.from Peter K. Beck on behalf of Mr. Stephen Utne. Mr. Utne owns property located at 5257 Lochloy Drive (Lot 6, Block 1, Edina Highlands). Mr. Beck's letter states that this property is a single.family lot consisting of 35,671 square feet with 159 +.feet of frontage on Lochloy Drive. Mr. Beck's letter indicates that Mr. Utne originally applied to subdivide the property on August 17, 1988, and submitted a revised plat on November 16, 1988. According to Mr. Beck,.the proposed subdivision complies with the City's existing subdivision ordinances, and the Planning staff has recommended approval.. Mr. Beck further. purports that the .proposed subdivision-is identical to a subdivision which received preliminary approval in 19.64. Consideration of Mr. Utne's proposed subdivision was tabled pursuant to a moratorium adopted by the City Council that became effective on December 14, 1988. The resolution adopting the moratorium directed the City staff to study and make recommendations with respect to changing or clarifying the procedures and criteria for approving subdivisions. In response to the moratorium, the City staff drafted the Proposed Ordinance, which is currently under consideration by the City Council. The Proposed Ordinance requires, in part, that if a proposed plat is within the R -1 District, then the minimum lot area, lot width and lot depth must, under certain conditions, be the same or greater than the median lot area,.lot width and DORSEY & WHITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Two lot depth of lots in the "neighborhood." The Proposed Ordinance defines "neighborhood," in part, as all lots within 1,000 feet of the perimeter of the proposed plat or subdivision. Apparently, based on Mr. Beck's letter, Mr. Utne's proposed subdivision does not meet the requirements set forth in the Proposed Ordinance. Therefore, Mr. Utne objects to the Proposed Ordinance on the grounds set out in Mr. Beck's letter, namely: 1. it violates the uniformity requirement of state law; 2. it does not promote the public health, safety,:morals or general welfare; 3. it .places an unreasonable burden on the property owner; 4. it is unnecessary; and 5. it will take Mr. Utne's property. Our response to those objections is as follows: 1. The Proposed Ordinance Does Comply with the Uniformity Requirements of State Law. Mr. Beck argues that the Proposed Ordinance is unfair and unlawful insofar as it will violate the uniformity requirements of state law. Minnesota Statute Section 462.358 states that subdivision regulations "shall be uniform for each class or kind of subdivision." Minn. Stat. § 462.358, Subd. la; see also Minn. Stat. § 462.357, Subd. 1 (providing that zoning regulations "shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts "). Mr. Beck argues that the Proposed Ordinance creates double standards between lots that are already developed and lots which "require replatting to achieve full development." This argument however, misses the mark. The purpose of subdivision regulations generally is to promote the orderly development of undeveloped property. The determination of whether an existing lot is capable of being further developed or subdivided is made by applying the requirements contained in the zoning and subdivision regulations. With respect to Mr. Beck's argument that the Proposed Ordinance's minimum dimensional requirements will apply only to future subdivisions and not to existing lots, a municipality clearly has the right to amend its ordinances in furtherance of the public health, safety and welfare, even if such amendment results in a restriction of uses that would have been allowed under its old ordinance. See, e.g., Olsen v. City of Hopkins, 288 Minn. 25, 30 (1970); Parranto Bros. v. City of New Brighton, 425 N.W.2d 585, 589 -90 (Minn. Ct. App. 1988). .11, 1 i DORSEY & WHITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Three Mr. Beck also contends that the Proposed Ordinance is not uniform because "each lot to be subdivided is the reference point for a new neighborhood." As noted above, the Proposed Ordinance defines the "neighborhood," in part, as all lots within 1,000 feet of the perimeter of the proposed plat or subdivision. As a result of this method of defining neighborhood, Mr. Beck suggests that two lots on the same street might be subject to different dimensional requirements depending on the size of the surrounding lots. In short, Mr. Beck erroneously argues that the Proposed Ordinance treats similarly situated property differently. The Comprehensive Plan allows the subdivision of single family lots only if the character and symmetry of the neigborhood is-preserved. In Edina, as well as in most other municipalities, the size and shapes of lots within different neighborhoods will vary from neighborhood to neighborhood. To effectuate the requirement in the Comprehensive Plan that all proposed subdivisions accord with the character and symmetry of the neighborhood, the term "neighborhood" must be defined with reference to the particular lots being proposed for subdivision. When a municipality draws lines to' establish land use classifications, "it acts in a legislative capacity under its delegated police powers." State, by Rochester Assoc. of Neighborhoods v. City of-Rochester, 268 N.W.2d 885, 888 (Minn. 1978) "As a legislative act, a zoning or rezoning classification must be upheld unless opponents prove that the classification is unsupported by any rational basis related to promoting public health, safety, morals or general welfare, or that the classification amounts to a taking without compensation." Id. Moreover, "[e]ven when the reasonableness of a zoning ordinance is debatable, or where there are conflicting opinions as to the desirability of the restrictions it imposes it is not the function of the courts to interfere with the legislative discretion of such issues." Id. (quoting Sun Oil Co. v. Village of New Hope, 300 Minn. 326 324 (1974)); see also Perron v. Village of New Brighton, 145 N.W.2d 425, 429 (Minn. 1966). Although these cases involve zoning classifications, in our opinion Minnesota courts would apply the same standards to subdivision classifications. In short, Minnesota courts have on numerous occassions endorsed the proposition that land use classifications are best determined by municipalities, rather than courts. As Justice Holmes stated: Doi?sEy & WHITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Four When a legal distinction is determined, as no one doubts that it may be, between night and day,. childhood and maturity, or any other extremes, a point has to be fixed or a.line has to be drawn, or gradually picked out by successive decisions, to mark where the change takes place. Looked at by itself without regard to the necessity-behind it the line or point seems arbitrary. It might as well be a little more to one side or the other. But when it is seen that a line or point there must be, and that there is no mathematical or logical way of fixing it precisely, the decision of the legislature must be accepted unless we can say that it is very wide of any reasonable mark. Louisville Gas'& Electric Co. v. Coleman, 277 U.S. 32, 41 (1928) (dissenting opinion). The line drawing in issue concerns the .definition of "neighborhood." This definition, as well as the entire Proposed Ordinance, resulted from the lengthy and thoughtful analysis of planning alternatives undertaken by the City staff. Although the method of determining the "neighborhood" may result in different minimum dimensional requirements for two lots on the same street, this difference in treatment does.not violate the uniformity requirements established by statute and case law. The law requires that zoning regulations provide like.treatment to similarly situated ,properties. If two lots are in different "neighborhoods" that are composed of different size lots, they would not be similarly situated, even if the two lots are on the same street. An analogous situation involves two lots that are on the same street and are divided by a zoning classification. For example, one lot may be in a residential district, while the other lot is in a. commercial district. Although.such zoning boundaries place different restrictions on the neighboring lot owners, this.disparate treatment is not unlawful as long as the boundary line is reasonable and relates to the health, welfare or safety of the community. See, e.g., Perron, 145 N.W.2d at 429. To establish that the Proposed Ordinance treats similarly situated lots differently, one challenging the ordinance would have to demonstrate that two different lots of the same size in neighborhoods with lots of the same size have been afforded different treatment under the.Proposed Ordinance. The Proposed ordinance, however, has been drafted to insure that this will not happen by objectively defining "neighborhood," and by specifying the minimum dimensional requirements. DORSEY & WHITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Five 2. The Purposes of the Proposed Ordinance Do Relate to and Promote the General Welfare. Mr. Beck argues that the Proposed Ordinance is unlawful because it does not promote the public health, safety, morals or general welfare. The Proposed Ordinance, however, promotes numerous legitimate goals. The purpose and objectives of the Proposed Ordinance include: (i) providing for the orderly, economic and safe development of land; (ii) developing a consistency with and an aid to help implement the zoning ordinances of the City; (iii) supporting and furthering the City's Comprehensive Plan by establishing uniform procedures and regulations.to preserve and enhance the value and viable economic use of property; and (iv) protecting the character and symmetry of neighborhoods in the City. These legitimate goals are supported both by statute and case law. See, e.g., Kelber v. City of St. Louis Park, 289 Minn. 456 (1971) (general welfare includes protecting the character of the neighborhood); County of Wright v. Kennedy, 415 N.W.2d 728 (Minn. Ct. App. 1987) (protection of property values traditionally recognized as a proper purpose in promoting the general welfare); Minn. Stat. § 462.358, Subd. la (a municipality may adopt subdivision regulations to protect and promote the public health, safety and general welfare, and to provide for the orderly, economic, and safe development of land). Contrary to Mr. Beck's suggestion, the Proposed Ordinance.is not intended to reduce population density. Large lot subdivisions are not promoted; the lots in any given plat may be small or large depending on the neighborhood. Mr. Beck also suggests that the goal of preserving the character of the neighboorhood is rooted in aesthetic considerations and neighborhood opposition, and therefore, cannot serve as a basis for the Proposed Ordinance. The Proposed Ordinance., however, imposes minimum dimensional requirements regardless of whether the neighboring land owners are in favor of, or are against, a proposed subdivision. Furthermore, the goal of preserving the character and symmetry of the neighborhoods encompasses more than aesthetic concerns. This purpose is also aimed at protecting property values and insuring the stability of neighborhoods. To the extent that preserving the character and symmetry of a neighborhood reflects aesthetic considerations, the Minnesota Supreme Court has held that an aesthetic purpose does not diminish the integrity of an ordinance, even if the.aesthetic purpose is deemed dominant. See County of Pine v. State Dept. of Natural DOASEy & WHITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Six Resources, 280 N.W.2d 625, 629 (Minn. 1979); see also Naegele Outdoor Advertising Co. v. Village of Minnetonka, 281 Minn. 492, 499 (1968) (fact that aesthetic considerations were a significant factor in motivating the adoption of an ordinance will not invalidate an otherwise valid ordinance). 3. The Proposed Ordinance Does Not Place Unreasonable Burdens on Lot Owners. .Mr. Beck argues that requiring lot owners to obtain detailed information regarding dimensions of-surrounding lots places an unreasonable burden on those who wish to subdivide their property. However, that information is readily available in the City or County records, and collection of that information does not require any field work or special expertise, only time and patience. Therefore, the additional burden of obtaining that information should be reasonable relative to the benefit sought by the applicant. Welfare. 4. The Proposed Ordinance. Reasonably Furthers the General Mr. Beck argues that the Proposed. Ordinance is unnecessary. As noted above, a municaplity has the authority to amend and revise its land use regulations. See Olsen, 288 Minn: at 30; see also Minn. Stat. § 462.357, Subd.. 4. (allowing for amendments to zoning ordinances). An amendment, however, need not be "necessary." Rather, "[t]he power-to amend and revise a zoning ordinance, like the power to enact the original plan, must be exercised reasonably in furtherance of the public health, safety and welfare 13A Dunnell Minn. Digest 2d Municipal Corporations § 6.00(c) (citing Olsen v. City of Hopkins). As discussed, the Proposed Ordinance furthers various public interests. In addition, the Proposed Ordinance refines the existing ordinance by providing both the..City Council and property owners with eertain, specific and objective guidelines for determining whether a lot may be subdivided. Minnesota courts have expressed concern in the past with vague and standardless guidelines and boundaries. See, e.g., C.R. Investments v. Village of Shoreview, 304 N.W.2d 320 (Minn. 1981); Minnetonka Congregation of Jehovah's Witnesses v. Svee, 226 N.W.2d 306 (Minn. 1975); Hay v. Township of Grow, 296 Minn. 1 (1973); Odell. v. City of Eagan, 348 N.W.2d 792 (Minn. Ct. App. 1984); see also Olsen v. City of Hopkins, 276 Minn. 163, 169 (1967) (boundaries of use districts must be fixed and expressed with DOIRSEY & WFIITNEY Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Seven sufficient certainty); Minnesota Dept. of Natural Resources v. City of Waterville,. 354 N.W.2d 544, 546 (Minn. Ct. App. 1984) (boundaries of a municipal use district must be defined and expressed with certainty). Although the City believes that the current ordinance is specific enough to pass judicial scrutiny, the Proposed Ordinance furthers the spirit of the courts' concerns by incorporating a greater level of specificity and objectivity into the City's subdivision regulations. 5. The Proposed Ordinance Will Not Result in a Taking of Mr. Utne's Property. Last, Mr. Beck argues that the Proposed Ordinance will result in the taking of Mr. Utne's property if the Proposed Ordinance prohibits the subdivision of the property. By implication, Mr. Beck is saying the City must compensate Mr. Utne for such a "taking. A Minnesota court will employ one of two different tests to determine whether a zoning law effects a taking for which payment must be made. See Parranto Bros., 425 N.W.2d at 590 -92. Under the established test set forth in Agins v. City of Tiburon, 447 U.S. 225,'260 (1980), "[t]he application of a general zoning law to a particular property effects a taking if [(i)] the ordinance does not substantially advance legitimate state interests or [(ii)] denies an owner economically-viable use of the land." Parranto Bros., 425 N.W.2d at 590. As discussed above, the Proposed Ordinance substantially advances several legitimate state and City interests, including: providing for the economic, orderly and safe development of the land; developing a consistency with, and helping to implement the City's zoning ordinance and Comprehensive Plan; supporting and furthering the City's Comprehensive Plan by establishing uniform procedures and regulations to preserve and enhance the value and viable economic use of property; and protecting the character and symmetry of neighborhoods. With respect to the second element of the Agins test, the proposed ordinance would not deny Mr. Utne the economic or viable use of his lot. Mr. Utne's property will remain valuable as a single family lot. Even if the market value of Mr. Utne's lot declines, the Minnesota Supreme Court has made clear that mere diminution in market value is not sufficient to demonstrate a taking when a reasonable use of the land is permitted under the zoning ordinance. See County of Pine, 280 N.W.2d at 630, n.4. In addition to the Agins test, the United States Supreme Court has also used a three part analysis, inquiring into: (i) DORSEY & WHITNEY Honorable Members of City Council 'of City of Edina; and Mr. Kenneth E. Rosland, City Manager November 27, 1989 Page Eight the economic impact of the regulation on the property owner; (ii) the extent to which the regulation has interfered with. investment- backed expectations; and (iii) the character of the governmental action. See Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 2119, 224 (1986); Parranto Bros., 425 N.W.2d at 590 -92. Application of the Connolly test also demonstrates that the Proposed Ordinance will not effect a compensable taking of Mr. Utne's property. First, although the Proposed Ordinance may have an economic impact on Mr. Utne's property, the property will remain economically viable notwithstanding any prohibition of its subdivision which may result from the Proposed Ordinance. Second, assuming for the sake of argument that Mr. Utne has legitimate, investment- backed expectations, a point which the City does not concede, Mr. Utne knew, or should have known, when he purchased the lot that any proposed subdivision would be subject to municipal regulations and restrictions. In this regard, the Minnesota Court of Appeals has held that extensive governmental regulations involving zoning, coupled with a city's prior, actions, will operate to diminish the landowner's claimed.investment- backed expectations. See Parranto Bros., 425 N.W.2d at 592. Last, if the City Council adopts the Proposed Ordinance, which is designed to effect the Comprehensive Plan, it will be acting in an- "arbitration " - capacity. Where a municipality is acting in an "arbitration" capacity to effect a comprehensive plan, there is "no..taking unless :the owner has been denied 'all reasonable'uses of the property.'" Id. (quoting McShane v. City of Faribault, 292 N.W.2d 253 257—N.2 (Minn. 1980)). In summary, it is our opinion that: the minimum dimensional.requirements and the definition of "neighborhood" set forth in:the Proposed Ordinance meet the uniformity requirements established by statute and case law; the Proposed Ordinance promotes and furthers numerous, legitimate goals; and the Proposed Ordinance will not.result in a compensable taking of Mr.-Utne's property. TSE:jd cc: Michael Bolen, Esq. Peter K. Beck, Esq. Very truly yours, Thomas S. Erickson 29538 ORDINANCE NO. 804 AN ORDINANCE REGULATING PLATS AND SUBDIVISIONS, PRESCRIBING THE PROCEDURE FOR APPROVAL OF PLATS AND SUBDIVISIONS, PROVIDING: FOR VARIANCES, REPEALING ORDINANCE NO. -801, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Purpose and Objectives. The purpose and objectives of this ordinance are to provide for the orderly, economic and safe development of land and urban services and facilities, to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds and other public services and facilities; to promote the public health, safety and general welfare by establishing physical standards, design requirements and procedures for plats and subdivisions of land; to allow flexibility in design of plats and subdivisions; to develop a consistency with and to help implement the zoning, building and other applicable ordinances and codes of the City; to support and 'further the City's comprehensive plan by establishing uniform procedures and regulations for plats and subdivisions: to preserve and enhance the value and .viable economic use of property; to protect the character and symmetry of neighborhoods in the City: and to protect and further, and not frustrate, legitimate: investment" backed expectations of property owners. Sec. 2. Definitions; Construction Rules; Severability. (a) Definitions. The following words, terms and phrases, as used herein, shall have the following meanings: Applicant: All persons, whether one or more, who request approval by* the City of a plat, subdivision or lot division, pursuant to this ordinance. City: -The City of Edina, Minnesota. Commission: The Community Development_ and Planning. Commission of the City. Comprehensive Plan: The Coy vrc:sensive Plan of the City adopted by the City in 1980, pursuant to .applicable Minnesota Statutes, as now or hereafter amended or modified, and including any similar plan or plans as may supersede or be substituted for said Comprehensive Plan. Said Comprehensive Plan is incorporated into this- ordinance by this reference thereto as completely as if fully set out herein. 5a Council: The City Council of the City. Engineer: The Director of Public Works and Engineering for the City. Median: The value (being, in this ordinance, lot area, lot depth or lot width, as the case may be) in an ordered set of such values below which. and above which there is an equal number of such values, or which is the arithemetic mean of the two middle values if - there is no one such middle value. Neighborhood:. Alltlots in the Single Dwelling Unit District as established by the Zoning Ordinance which are wholly or partially within 1%1.000 feet of the perimeter of the proposed plat or subdivision, A xcent. however. those lots used for publicly gynt -A Parks, vlayarounds, athletic facilities and golf courses and except th2se Iota used for conditional uses as established by the Zoning- -Ordinance, If the neighborhoodr%includes only a part of a not, then the whole of thatkot shall beAincluded in the neighborhood. AA to streets on the Perimeter of the proposed plat or subdivision the 1.000 feet shall- be measured from the common line of the street and the proposed plat or subdivision. Of Record: Recorded :.in the office of the County Recorder, Hennepin County, Minnesota, or filed in the Office of the Registrar of Titles, Hennepin County, Minnesota, whichever, is the appropriate office to give constructive notice of the document of record. ut An area,. parcel, tract or lot of land shown on a plat or subdivision as an outlot. Parcel, Tract or Lot: The definitions in the, Zoning Ordinance for parcel, tract and lot are incorporated herein by reference. Planner: The Planner of the City. Plat: The map of one or more subdivisions prepared for filing of record pursuant to, and 'containing, elements and requirements in, Chapter, 505 of Minnesota Statutes, and containing all of the elements and requirements for a subdivision set, forth in this ordinance, to the extent such requirements and elements were not waived pursuant to such statute or ordinance, or: containing all of the .elements and requirements imposed by, and not waived pursuant to, the statutes and ordinances which were applicable when such map was prepared for filing of record. NSubdivision: The separation of 'an area of land, of a parcel, tract or lot into two or more parcels, tracts or lots, or long -term leasehold interests where the creation of the leasehold interests necessitates the creation of streets, roads or alleys, for 541 residential, commercial, industrial or other use, or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and 5 acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; or (3) resulting from court orders, or the .adjustment of a lot line by the relocation of a common boundary. For purposes of this ordinance, a subdivision shall include Registered Land Surveys and Auditor's Subdivisions. Zoning Ordinance: Ordinance No. 825 of the City, and all amendments, modifications and supplements thereto and= thereof now or hereafter made, and- all ordinances hereafter adopted by the Council as. successors to-'said Ordinance No. 825.. Said Ordinance No. 825 is incorporated into this ordinance by this reference thereto as completely.as if fully set out herein. (b) Construction 'Rules. The rules of construction set out in Section 3.A of the Zoning Ordinance are incorporated herein by reference. (c) ...Severability. The provisions of Section.3.C.of the Zoning Ordinance are incorporated herein by reference. Sec. 3. Plat Required. (a) . Every subdivision, except as provided in Sec. 4 hereof, shall be platted in full compliance with Chapter 505, Minnesota Statutes, this ordinance, the Zoning Ordinance and the Comprehensive Plan. (b) Any land transferred from one zoning district to another zoning district,. excluding, however., transfers to or from the Heritage Preservation Overlay District or the Flood Plain Overlay District, as defined in the Zoning Ordinance, shall be platted in full compliance with Chapter, 505, Minnesota Statutes, this ordinance, the Zoning. Ordinance and the Comprehensive Plan, in connection with, at the time of, and as a condition to, such transfer. (c) The provisions of this ordinance shall apply also to parcels taken from a parcel, tract or lot then existing of record by use of a metes and bounds description, and such subdivisions shall be platted in full compliance with Chapter 505, Minnesota Statutes, this ordinance, the Zoning Ordinance and the Comprehensive Plan. -3- i Sec. 4. Plat Not Required. (a) Double Dwelling Units. No plat shall be required for subdivisions of lots in Double Dwelling Unit Districts pursuant to Sec. 7(a) of this ordinance, but only a lot division pursuant to paragraph (b) of this Sec. 4-shall be required. (b) Lot. Divisions. No, plat shall be required for any lot division which adjusts or relocates a common lot line separating two lots and which does not create a new undeveloped parcel, tract or lot that complies, alone or in combination with one or more other parcels, tracts or lots, with the applicable minimum lot area and other requirements of this ordinance and the Zoning Ordinance. However, before any such lot division shall be made or any conveyance resulting therefrom is placed of record, the Council shall adopt a resolution approving the same, and the procedure therefor shall be the same as for preliminary plat approval as set out in Sec. 10 of this ordinance, except that (i) notice of the hearing before the Council need not be published as to lot divisions made pursuant to this paragraph (b) (but shall be made for subdivisions pursuant to paragraph (a) of this section), (ii) no sign. need be :erected, and (iii) only a.survey prepared and signed by a Minnesota registered land surveyor showing the proposed lot division need be filed with the Planner together with the required fee and such .additional information that, in the opinion of the Planner, is necessary for evaluation of the lot division and determination that it is consistent with the requirements of this ordinance. Sec.. 5. Variances. The Council. may waive compliance with any provisions of this ordinance by adoption of a resolution specifying which provisions have been waived in any case where (i) compliance will involve an unnecessary hardship - and where noncompliance does not interfere with the purposes of this ordinance, or (ii) an improved plat can be achieved by variances from the requirements of this ordinance. Sec. 6. Denial of Permits. No building permit or other permit for the development or improvement of land shall be issued for construction of a building on, or the development or improvement of, .any parcel, tract or lot: (a) conveyed in violation of the provisione -if Chapter 462, Minnesota Statutes; (b) in any plat or subdivision hereafter made not complying with the requirements of this ordinance and approved by the Council pursuant to this ordinance; -4- (c) in any plat hereafter made which has not been filed and a certified copy thereof delivered to the Planner as required by Sec. 10(f) hereof; or (d) which is an outlot. Sec. 7. Outlots. It'is the policy of the City to allow outlots on plats and subdivisions presented' to the City for approval pursuant to this ordinance, but only for the purpose of simplifying the descriptions. of parcels of land (i) that would otherwise be excepted from the platted area, or (ii) that are to be conveyed or dedicated to the City or other public body. Therefore, any outlots shown on a plat or subdivision approved by the Council shall not be, nor be deemed to be, lots or parcels as defined in the Zoning Ordinance, nor shall any such outlots be developed by the erection or placing of improvements thereon, except, however, for improvements erected or placed by the City or other public body upon outlots conveyed or dedicated to it, unless first replatted into lots and blocks pursuant to this ordinance and the -applicable provisions of state law. Sec. 8. Double Dwellina Unit District (R -2) and Townhouse Plats. (a) Double Dwelling Units. Any lot in the Double Dwelling Unit District as then determined by the Zoning Ordinance may be subdivided into two lots notwithstanding the regulations stated in the Zoning Ordinance which apply to. the Single Dwelling Unit District. Provided, that as a condition to the approval of such subdivision the owner or owners of the lot to be subdivided shall make a separate and independent connection of each dwelling unit on the lot to be subdivided with the public sanitary sewer and water mains, or obtain a waiver from the Council of such connection, and pay the connection charges therefor, if any, all as required by City Ordinance Nos. 431, 1101 and 1111, and after such conditions are met and complied with, the City Clerk shall give a certified copy of the Council resolution approving such subdivision. (b) Townhouse Plats. As conditions to the approval of any townhouse plat, as defined in the Zoning Ordinance, of previously built and .then existing townhouses, as defined in the Zoning Ordinance, each townhouse shall be separately and independently connected to the sanitary sewer and water mains, or the requirement for such connections shall be°weived, and the connection charges therefor, if any, shall be paid, all as required by Ordinance Nos. 431, 1101, and 1111, and alter such conditions are met and complied with, the City Clerk shall give a certified copy of the Council resolution approving such plat or subdivision. -5- Sec. 9. Fees; Charges. (a) All plats and subdivisions, and all lot divisions pursuant to Sec. 4(b) hereof, presented for approval by the Commission and Council shall be filed with the City Planning Department and shall be accompanied by a filing fee as then_ prescribed by ,Ordinance No. 171 of the City for services to be rendered by City employees in processing the proposed plat. Said fee shall not be refunded for any reason including, without limitation, rejection of the plat, subdivision or lot division by the Council, or abandonment or withdrawal of the proposed plat, subdivision or lot division by the proponent. The City shall have no duty to process or act on any plat, subdivision or lot division unless and until the applicable fee has been paid to the City. (b) Each person, by filing or submitting an application for approval by the City of a proposed plat, subdivision or lot division, shall have agreed to pay all administrative expenses and attorneys' fees, with interest and costs as ..herein provided, incurred by the City in .connection with -or as a result of reviewing and acting on such application. If more than one person signs an application, all such signers shall be jointly and severally liable for such expenses and fees, with interest and costs as herein provided. The expenses and fees to be paid to the City pursuant to this paragraph shall be payable upon demand made by the City, and if not paid within 5 days after such demand is made, shall bear interest from the date of demand until. paid at a . rate equal to the lesser of the .highest interest rate allowed by law or two percentage points in excess of the reference rate. Said - applicants .shall also pay all costs, including attorneys' fees, incurred by the City in collecting such expenses, fees and interest, with interest on such costs of collection from the dates.. incurred until paid, at the same interest rate as is payable on such expenses and fees. For purposes hereof, reference rate shall mean the rate publicly announced from time to time by First Edina Rational Bank, or any successor thereto, as its reference rate, and if such bank, or its successor, ceases publicly announcing its reference rate, reference rate.shall mean the interest rate charged from time to time by -such bank, or its successor on 90 -day unsecured, business loans to its most creditworthy customers. Sec. 10. Review and Approval Process. (a) Applications; Notice; New Applications. (1) All applications for plat, subdivision and lot division approval shall be filed with the Planner on forms prescribed by the Planner, and shall be signed by the applicant and accompanied by the required fee, the proposed plat or subdivision complying with 'the criteria and -6- requirements fora preliminary plat or subdivision in Sec. 12 of this ordinance, the information from companies pursuant to subparagraph /�. 2 Z of paragraph (a), evidence satisfactory to the Planner set out utility this agent or representative) that the required mailed notice has been given and required signs have been erected as reauired by subparagraphs (3) and (4) of thin paragraph (a). and such other information as is required by this ordinance or any other ordinance of the City, or as is necessary, in the opinion of the Planner, for evaluation of the application and determining consistency and compliance with the requirements of this ordinance and other applicable ordinances of the City. The application shall not be complete until all information and documents required by this paragraph have been filed with and delivered to the Planner. ft.U2 There shall be delivered with each application a written instrument from each utility company shoving that arrangements acceptable to the Planner have been made with the utility company for the installation of utilities in the manner required by this ordinance and other applicable City ordinances. Z The Aipplicant shall erect, or cause to be erected, a sign or signs as required by Section 4.B.2 of the Zoning Ordinance, except that the information contained thereon shall be as follows: "This property proposed for subdivision. "(Names of Applicants) "(Telephone Numbers of Applicants) "For information contact Edina Planning -Department, J Phone No. 927 - 8861." / (4) The applicant shall also give mailed notice to the owners of all lots in the neighborhood of the proposed plat or subdivision, as such owners and their addresses shall be shown on a list prepared by the City, and for a fee established pursuant to City Ordinance No. 171. The notice shall be on a form prescribed by the Planner, but, at a minimum, shall advise of the proposed plat or subdivision, the number of lots to be created, and the address and phone number of the applicant. 6a nThe sign or signs required by subparagraph (3).% of this paragraph . �il at all times shall be kept in good repair and shall be maintained in place until a final decision on the application has been made by the Council, and shall be removed by the applicant within ' 5- days after such final decision . If such signs are not kept in good repair or removed as herein required, then) such signs shall be deemed a nuisance and may be abated by the City by proceedings under Minnesota Statutes, Chapter 429, and the cost of. abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or -the applicant may be . prosecuted for violation of this ordinance, and if. convicted shall be guilty of- a misdemeanor 'and subject to. penalties pursuant to .Ordinance No. 175. If there is more than one applicant, they shall be jointly and. severally liable hereunder. 00 (6) A new application shall be required: (i) if the final plat is not submitted for approval by the Council by the .first anniversary date of the Council resolution granting preliminary approval thereof; or (ii) if the final .plat is not filed for record,.:and a certified copy thereof filed with the Planner as required by paragraph (f) of this section, by the; first anniversary date of the Council resolution granting final approval thereof. (b) Hearing and Decision by.Commissioni\ (1) Upon receipt by .the Planner of the application and all other documents. and information required pursuant to Sec. 10(a)(1) hereof, j= determination by the Planner that the required mailed_ notice and the required signs will have been given and erected for at least 10 days prior to the Commission hearing. the- Planner shall review the application and prepare his /her report therefor and forward. the .report to t� Commission. r� v (2) Upon receipt of the report of the Planner,N the Commission shall conduct a hearing which shall be at least 10 days after said required notice has been -8- given and said' required signs erected. After hearing the oral and written views of all persons, the Commission shall make its recommendations at the same or at a specified future meeting thereof. In making its recommendation, the Commission shall be guided by and subject to the provisions of Sec. 14 of this ordinance. Also, if the provisions of paragraph (b) of Sec. 11 hereof apply,. the Commission shall recommend the dedication or easement option as provided in said paragraph. (c). Public Hearing By Council - Preliminary Anvroval. (1) Upon request of the Planner or applicant, and after the Commission has examined and considered the proposed plat, subdivision or lot division (and even if the Commission has failed to make a recommendation to the Council), the Council shall set a date for hearing thereon, which shall be not later than 60 :days after the meeting at which the hearing date is set. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper at least 10 days before the date of hearing; provided, however, that no published notice need be made for lot divisions pursuant to Sec. 4(b) hereof. After: hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting .or at a specified future meeting thereof. In making its decision, the Council shall_ be guided by and subject to the provisions of Sec. 14. of this ordinance. Also, if the provisions of paragraph (b) of Sec., 11 hereof* apply, -the Council shall select its option as provided in said paragraph. The Council may by resolution: (i) grant preliminary approval, with or without .modification, and without conditions, or with such conditions reasonably related to the purpose and objectives -of this ordinance as the Council may deem necessary or desirable; or (ii) grant preliminary and final approval at the same time, with or vlthout modification, and without conditions, or with such conditions reasonably related ::r the purpose and objectives of this ordinance as the Council may deem necessary or desirable; or (iii) refer the plat subdivision or lot division to the Commission or other appropriate -9- City commissions, officers or departments for further investigation and report to the Council at a specified future meeting thereof; or (iv) reject the plat, subdivision or lot division. (2) The Council shall preliminarily approve or disapprove of the proposed plat or subdivision within 120 days of the receipt by the Planner of an application completed in compliance with this Section unless applicant agrees to an extension of the review period. (d) Responsibility for Improvements; Subdivision Financing. (1) When preliminary approval has been given to a plat or subdivision, the applicant shall enter into a Developer's Agreement (herein called the "Agreement ") with the City, on terms -and conditions determined by the City, and shall cause all street, water and sewer improvements required by the Planner. or Engineer, or by the resolution .granting preliminary approval, to be completed, pursuant to the. Agreement and to the City's then standards and specifications i for such improvements. Such Agreement (A) as to improvements to' be installed by the applicant shall obligate - the applicant to.to install and complete all such. improvements, at applicant's own expense and under the supervision and inspection of; the. Engineer, and shall obligate the applicant -to 'pay to the City a fee in compensation for such services in an amount equal to 6.5% of the .total .construction cost of all such improvements .within 30 days after receipt of a statement therefor, (B) as to improvements petitioned for-by the applicant to be installed by the City, which City installations shall be done only in plats then situated within the Single Dwelling Unit District, the Double Dwelling Unit District and the Planned Residence District, as :.determined by the Zoning Ordinance, shall obligate the City to provide engineering services and construct the improvements and obligate the applicant to pay to the .City the cost of such services and construction, through payment of special assessments, which shall: be payable in not more than 3 annual. installments, and (C) as to improvements petitioned for by the applicant to be installed and assessed in accordance with the regular policies of the City, shall provide for installation if ordered by the Council and assessment in accordance with the then policies of the City; provided, however, that the City shall not be obligated to enter into such agreement (i) if the improvements required by Planner or Engineer or by such resolution are not allocated among the methods at -10- (A), (B) and (C) above in a manner satisfactory to the Engineer, or (ii) if the applicant as` to the improvements at (A) and (B) above does not give one or more of a bond, cash in escrow or an irrevocable letter of credit, all as .may be required by the Planner or Engineer, or (iii) as to any improvements, if the Council determines that the City must borrow money to pay its costs of construction under such Agreement and such borrowing will. jeopardize the City's credit rating. The Agreement shall also provide, as to improvements at (B) above, that if the applicant transfers any lot or.parcel in the platted or subdivided area while special assessments then levied or to be levied for the improvements made pursuant. to said Agreement remain unpaid, they will be paid or prepaid in-full at the time of such transfer to the City Treasurer or the County Treasurer. (2). Any bond required by the City shall be given by the applicant with a corporate .surety authorized to do business -in Minnesota and approved by the City as surety thereon, and, as to. improvements referred to at (A) above, shall be a performance and payment .bond in at least the full amount of all contracts for the installation of such improvements, and as to improvements referred to at (B) above, shall be in the full amount of all costs. of making the improvements specified in the Agreement not paid in cash by the applicant before or at the time of entering into the Agreement and shall be given for the securing to the.City of the payment of the.special assessments. (3) Any cash deposit required by the City shall be deposited by the applicant, in escrow, in a national or state bank having an office in the City, in the -full amount of the unpaid improvement costs, together with a written agreement signed by the applicant and the bank .whereby the funds in escrow will be paid to the City from time to time solely upon the - written demand of the City,- to the extent of any default by the applicant in the Agreement then alleged by the City. (4) Any letter of credit required by the City shall be from a national or state bank approved by the City, shall be: unconditional -and: irrevocable, shall .be for the full amount of the unpaid improvement costs, and shall provide that funds will be paid to the City solely upon written demand from time to time of the City to the extent of any default by the applicant in the Agreement then alleged by the City. (5) If there is more than one applicant, all thereof shall join in the Agreement, and shall be jointly and -11- severally obligated to perform the obligations of applicant under the Agreement. (e) Final Approval. (1): When a plat or subdivision has been given preliminary approval, the Planner shall submit a supplementary report to the Council recommending final approval upon receipt by the Planner of the following: (i) a written request from. the applicant for final approval; (ii) evidence and documents satisfactory to the Planner meeting and complying with the conditions and modifications imposed by the Council at the time of granting preliminary approval; (iii) the final plat meeting the requirements of this ordinance, including Sec. 13 hereof; (iv): the Agreement,: fully executed by the applicant and the City,. and the security, all as required by paragraph (d) of this section; -(v) a letter or other signed document from .each utility company agreeing to comply with Sec. 15.of this ordinance; and (vi) evidence acceptable to the Planner evidencing ownership of, and encumbrances on, the property proposed to be platted or ..subdivided, including, without limitation, a,. written opinion from the applicant's' counsel addressed to the City, opining that all documents executed and delivered by the applicant to the. City have been duly executed and delivered, have ,been duly authorized by all necessary., corporate, partnership or other entity action,. are binding on. the signing parties and enforceable in accordance with their terms, and containing such additional.statements as the Planner may request. Provided, however, if any one or more of the foregoing items is not received by the Planner, the Planner may yet submit his /her supplemental report to the Council, and the Council may condition its final approval upon the receipt by the Planner of those items not then so received, as well as. other matters reasonably related to the purpose and objectives of this ordinance. -12- (2) Upon receipt of the supplementary report of the Planner, the Council shall act thereon, which action shall be by resolution. Such resolution shall be passed within 60 days of receipt of such supplemental report of the Planner. Final approval may be conditioned as ,provided in (1) of this paragraph (e), and may also be conditioned upon receipt of the land dedication, - -_ -cash contribution or security required pursuant to Sec. 11 hereof. If the Council imposes conditions in any grant of final approval, then the officers of the City shall not sign such plat, nor shall the City Clerk issue any certified copy of the resolution of the Council giving such final approval, until such conditions are met and complied with. The City Clerk is authorized, 'once such conditions have been met and complied with, to issue a certified copy of the resolution of the Council giving such final approval, without reference.to such conditions. (f) Filing of Plat; Certified Copy of Approving Resolution. (1) The applicant shall file for record the final plat, at applicant's expense, as soon as possible after receipt by applicant of a certified copy of the Council resolution giving final approval of the: plat. Said plat shall not be filed for record, nor accepted for record, unless said certified copy of the Council resolution giving ,such final approval _accompanies such plat when presented for filing of record. A certified copy of such filed plat with the recording data thereon shall be filed with the Planner. (2) If the plat is not filed for- record and a certified copy thereof filed with the Planner by the first anniversary date of the Council resolution giving such final approval (even if such final approval is conditional on performance of further acts by applicant or others), the plat or subdivision shall be deemed abandoned and withdrawn and of no effect, and a new application shall be filed and the plat or subdivision again submitted for review and action pursuant to this ordinance. (3) If the approved plat is of land contiguous to another municipality, the City Clerk shall also file a copy of such resolution with the governing body of such municipality. (4) The City Clerk shall not give a certified copy of the resolution approving the plat or subdivision for a double dwelling unit or a townhouse development until the requirements of Sec. 8 of this ordinance have been fulfilled. -13- Sec. 11. Land Dedication or Cash Contribution. (a) A reasonable :portion of any proposed plat or subdivision shall. be dedicated to the City for public use for streets, roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. . The Planner and Engineer shall recommend to the Council what portion is reasonable, the location thereof, the need therefor and the use thereof. (b). Where any plat or subdivision adjoins a natural lake, pond or stream, including streams which flow only intermittently, a strip .of land running along all sides thereof which are contiguous to such lake, pond or stream, which strip shall extend from .a line 100 feet upland from the lake or pond, as measured from the high water mark, and 100 feet from the centerline of the stream, shall be either (i) dedicated to the City for public use, or (ii) subjected to a perpetual easement in favor of the City over and in said land and the bed and water body of such lake, pond or stream for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake, pond or stream. The Commission shall determine which of these options is more appropriate and shall recommend to the Council one of said options. In either case, there shall also then be granted to the City the right of ingress to and egress from the said strip of land with workmen, equipment and material. Also, where the easement 'is determined to be in the best interest of the City, said easement shall also provide that the owners of the areas as to which such :easement is granted shall not.make, door place any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the City. .(c) In addition to the dedication to be -made pursuant to paragraphs (a) and (b) in this section, and if the Council reasonably determines :that. it will- need to acquire a portion of the land within the plat or subdivision for the purposes stated in this paragraph (c) as a. result of approval of the plat or subdivision, then, as. to such plat or subdivision, a reasonable portion of the land therein shall be dedicated .to the public or preserved for conservation purposes or for public . use as parks, playgrounds, trails, wetlands or open space, provided that, at the option of the City., the owner or. owners shall - contribute to the -City an amount of cash equal to the fair market value of the land otherwise required to be so. dedicated or preserved, or dedicate and preserve a part of such land and contribute the balance of such land value in cash. Land then set aside and dedicated for public recreational purposes pursuant to Section 13 (Planned Residential District) of the Zoning Ordinance may be considered as set aside and dedicated under this -14- ordinance to thei extent required hereunder in connection with such plat or subdivision, but then only to the extent that such land is in excess of the open space then required by the Zoning Ordinance. Any money so paid to the City shall be placed in a special-fund and used only for the acquisition or development of .land for conservation purposes, parks, playgrounds, trails, wetlands, and open space. For purposes of this ordinance, "fair market value of the land is defined as the fair market value of the .land within such plat or subdivision as of the date the plat or .subdivision is granted final approval by the Council,, as determined by the City Assessor. (1) It is the policy of the City, as a general rule, to require dedication of:land in the following instances: (i) if the property to be dedicated is adjacent to an existing public park or playground and the additional property will beneficially expand the park or playground; 1. (11) if the property to be dedicated is six acres or more in size, or is expected to be combined with future acquisitions by the City .so that a public.park with a minimum of six acres will result; (iii) if the property to be dedicated abuts or adjoins a natural lake, pond or stream, or a wetland then protected by then applicable state or federal laws or statutes; (iv) if the property to be dedicated is necessary or desirable for a .storm. water holding or ponding area, or is an area which, the City intends to have dredged or otherwise improved for storm water holding areas or ponds; (v) if the property to be dedicated is a place of significant natural, scenic or historic value. Sec. 12. Requirements for Preliminary Plat or Subdivision. (a) Genera The applicant shall file with the. application required by Sec. 10 hereof the following .information which is required for all proposed plats and subdivisions, and which shall be shown on the proposed plat or subdivision or other accompanying. document: (1) The proposed name of the proposed plat or subdivision. -15- (2) The name, address and telephone number of each owner, each agent of any owner,, each applicant, the surveyor and the designer of the proposed plat or subdivision. (3) A graphic scale (no smaller than 1" = 50'), the north point and the date of, preparation of. the proposed plat or subdivision. (4) The plat or subdivision shall show the perimeter property. lines of the plat. or subdivision, and the perimeter lines of each lot,.with bearings and distances. (5) The lot and block numbers. (6) The .lot width (as defined by the Zoning Ordinance), lot depth (as defined by the Zoning. Ordinance) and square footage of each lot. (7) Site data, including :total. area, area in lots, area in streets. and other public uses, by square footage and percentages for each, and divided into existing and proposed. (8) The legal description of the tract to be platted, together with its PIN number(s). (9) The existing. zoning claasification(s) of the property and adjacent property. (10) Location and size of any proposed outlots, and a conceptual plan. '(graphically .and in writing) for future development thereof. (11). All existing public roads and rights of way serving the property, including the grade, width, legally established :centerline elevation, and the location and elevation of.sidewalks. {12:) All.proposed public roads and rights of way. (13) Existing easement locations, widths and purposes, and showing invert elevation of sewers: (14) Proposed easement locations, widths and purposes. (15) Location of existing and proposed utilities, including distance to nearest utilities not on or adjoining the property, and showing the invert elevation of sewers. -16- (16) Existing elevations.. and contours at 2 foot intervals and a preliminary grading plan.showing resulting elevations and contours at 2 foot intervals. (17) Minimum front, rear and. side setbacks for the proposed improvements on the proposed lots. (18) Location of all wetlands, streams, ponds or lakes within or flowing through the property proposed to be platted or subdivided with normal high water and 100 year flood elevations. (19.) Location of all proposed parks, drainage facilities and areas proposed to be dedicated. for public use. .(20) Ground elevation of land .within 100 feet of the perimeter property lines -of the.area proposed to be platted or.subdivided, showing contour lines at 2 foot intervals. (21) If the land proposed to be . platted or 'subdivided is within the Flood Plain as determined by the Zoning Ordinance, the location and elevation of the Flood Plan shall be shown. (22) The mean grade of the front and rear lines of each proposed lot. (23) The land area, by total. square footage and by percentage of all land in the proposed plat or subdivision, to be disturbed in the subdivision by. public and private improvements, and'the location.of such disturbed areas. (24) The location and. elevation of all existing improvements on = the land in the proposed plat or subdivision and a statement as to whether they will remain or be removed. (25) A ,graphic illustrating the then existing topography for all lots in the proposed plat or subdivision and showing the location of all areas with slopes of greater than 18%, and the- percentage of such areas relative to the total area in tste proposed plat or subdivision, and the percentage of each lot having slopes of 18% or greater. (26) The number of overstory trees then existing on the property proposed to be disturbed by public or private improvements, and their location, having a diameter of 6 inches or more as to deciduous trees, and having a height of 6 feet or more as to coniferous trees. -17- (b) Additional Requirements for Platting or Subdivision of Property in the Single Dwelling Unit District. In addition. to the requirements at subparagraph .(a) of this section, the applicant for a proposed plat or subdivision of land wholly or partially within the Single Dwelling Unit District as then determined by the Zoning Ordinance shall also deliver to the Planner the following information from a source acceptable to the Planner: (1) A complete list of..all ots and the owners thereof,Nhich areNvithin the neighborhood of the property proposed to.be.platted or subdivided.k. (2) Relative. to the properties included in (1) above in this subparagraph: (i) the square footage for each lot in such hadsj borhood; (ii) the mean average and median lot area w(in square feet) of all lots in such neighborhood: .(iii) . the lot width, 'as defined by the Zoning Ordinance, for each lot in such neighborhood: iv the mean average and median lot width, as defined by the Zoning Ordinance, nof all lots in such neighborhood: the lot depth, as defined by the Zoning Ordinance, for each lot in such neighborhood: and vi the mean average and media lot depth, as defined by the Zoning Ordinance, of all lots in such neighborhood. (3) The location of the proposed building pad for each lot in the proposed plat or subdivision. (4) The lot width to perimeter ratio .(as defined in the Zoning 'Ordinance) for each lot in the proposed plat or subdivision. Sec. 13. Requirements for. Final Plat or Subdivision. If the Council grants preliminary approval of a proposed plat or subdivision, the applicant shall prepare and deliver to the Planner: '(l) two mylar or linen reproducible tracings and two mounted copies of the proposed plat in its final form, .complying with the requirements of this ordinance, the preliminary approval granted by the Council, and Chapter 505 of Minnesota Statutes; and (2) evidence satisfactory to the Planner that the final plat has been reviewed and approved by the Hennepin County Surveyor's office. -18- Sec. 14. . Guidelines and Criteria for Evaluating Plats and Subdivision; Review of Requirements. (a) The Commission in reviewing proposed plats and subdivisions and in determining its recommendation to the Council, and the Council in determining whether to approve or disapprove of any plat or subdivision, may consider, among other matters, the following: (1) The impact of the proposed plat or subdivision, and proposed development thereof, on the character and symmetry of the neighborhood as evidenced and indicated by, but not limited to, the following matters: (i) The suitability of the size and shape of the lots in the :proposed plat or subdivision relative to the size and shape of lots in the neighborhood.; and (ii) The compatibility of the size, shape, location and arrangement of the lots in the proposed plat or subdivision with the proposed density and intended use of the site and the density and use of lots in the neighborhood. (2) The impact of the proposed..plat or subdivision, and. proposed development thereof, on thel environment, including but not limited to, _topography, steep slopes, .vegetation,. naturally occurring, lakes, ponds and streams, susceptibility of, the site to .erosion and sedimentation, susceptibility of the site to flooding and water storage .needs.on and from the site. (3) The consistency of the proposed plat or subdivision, and. proposed.. development. thereof, and compliance by the proposed plat or:. subdivision, and the proposed. development, with the policies, objectives and goals of the Comprehensive Plan. (4) The :compliance of. the proposed plat or subdivision, and the proposed development thereof, with the policies, objectives, goals and requirements of the Zoning Ordinance including, without limitation, the lot size provisions and the Flood Plain Overlay District provisions of the'Zoning Ordinance. (5) The impact of the proposed plat or subdivision, and proposed development thereof, on the health, safety and general welfare of the public. (6) The relationship of the design of the site, or the improvements proposed therefor, and the conflict of -19- such design. or improvements, with any easements of record or on the ground. (7) The relationship of lots in the proposed plat or subdivision to existing streets and the adequacy and safety of ingress to and egress from such lots from and to existing streets. (8) The adequacy of streets in the proposed plat or subdivision, and the conformity thereof with existing and planned streets and highways in surrounding areas. (9) The suitability of street grades in relation to the grades of lots and existing or future extension of the City's water and storm and-sanitary sewer systems. (10) The adequacy and availability of access by police, fire, ambulance and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision. (11) Whether the physical characteristics of the property, including, without limitation, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural recovery and ponding area for storm water, and potential disturbance of slopes with a grade of 18% or more, are such that the property is not suitable for the .type of development or use proposed. (12) Whether development within -the proposed plat or subdivision will cause the disturbance. of more than 25% of the total area in such plat. or subdivision containing slopes exceeding 18%. 13 ( ) Whether.the proposed plat or subdivision, or the improvements proposed to be placed thereon, are likely to cause substantial environmental damage. (b) If the proposed plat is wholly or partially within the Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and lot width to perimeter ratio shall be as follows: (1) If the medirai lot area of lots in the neighborhood is greater than 9,000 square feet, then the minimum lot area of any lot in the proposed plat or subdivision shall not be less than the median lot area of lots in the neighborhood. (2) If the median lot width, as defined by the Zoning Ordinance, of lots in the neighborhood is greater than 75 feet, then the minimum lot width, as defined by the Zoning -20- � e Ordinance, of any lot in the proposed plat or subdivision shall not be less than the median lot width of lots in the neighborhood. (3) If the median lot depth, as defined by the Zoning Ordinance, of lots in the neighborhood is greater than 120 feet, then the minimum lot depth, as defined by the Zoning Ordinance, of any -lot in the proposed plat or subdivision shall not be less than the median lot depth of lots in the neighborhood. (4) The lot width to perimeter ratio (as defined in the Zoning Ordinance) for any lot in the proposed plat or subdivision shall not be less than 0.1. (c) Nn addition to the foregoing matters, the Commission, in connect on with its recommendation to the Council, and the Council in determining whether to approve or disapprove a proposed plat or subdivision, shall specifically and especially consider the following matters: (1) Whether the proposed plat or subdivisions with the policies, objectives and goals of the Comprehensive Plan. (2) Whether the proposed plat or subdivision com lies with the policies, objectives, goals kand requirements of the Zoning Ordinance, including, without limitation, the lot size and dimension- requirements of the Zoning Ordinance, and the Flood Plain Overlay District and Heritage Preservation Overlay District of the Zoning Ordinance, as varied by variances therefrom, if any, granted pursuant to the Zoning Ordinance. (3) K.&ether the design of the proposed plat or subdivision, or the design or type of improvements proposed to be placed thereon, may be detrimental to the health, safety or general welfare of the public. (4) they the proposed plat or subdivision conforms to, and Acomo with the requirements of, applicable state law. (5j� Whether the proposed plat or subdivision com lies with the policies, objectives, goals and requirements of this ordinance, as varied by variances therefrom, if any, granted - pursuant to this ordinance. Sec. 15. Utilities. (a) Underground Installation of Utilities. All new utilities (excluding main line electric feeders and high voltage transmission -21- lines) constructed within the confines of and providing service to customers in the plat shall be installed underground. (b) In Public Easements. All electric and gas distribution lines and piping, roadways, curbs, walks and other similar improvements shall be constructed only on .a street, alley or other public way or easement which is designated on a plat or subdivision approved by the Council pursuant hereto, or which has otherwise been approved by the Council. Sec. 16, Street Maintenance. Until a street in a plat or subdivision has been completed in accordance with the plans and specifications approved by the City, and the Engineer has certified as to such completion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his /her own expense. The City shall not be chargeable with the cost of or the responsibility for the, maintenance of such street until the completion of such street has been so certified. Sec. 17. Penalty. (a) Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and subject to penalties pursuant to City Ordinance No. 175. (b) Also any person who conveys a lot, tract or parcel in violation of Minnesota Statutes, Section 462.358, Subd. 4b (which is hereby incorporated herein by reference) shall forfeit and pay to the City a penalty of not less than $100.00 for each lot, tract or parcel so conveyed. Also, the City may enjoin such conveyance, or recover such penalty, by a civil action in a court of competent jurisdiction. (c) The person violating this ordinance, or said Section 462.358, Subd. 4b, shall also pay all costs incurred by the City in enforcing this ordinance or prosecuting such .violation, including reasonable attorneys' fees. Sec. 18, Repealer. Ordinance No. 801 is hereby repealed in its entirety. Sec. 19, Effective Date; Filing. This ordinance shall be in full force and effect upon its adoption and publication and, when effective, shall be filed with the office of the County Recorder, Hennepin County, Minnesota. Mayor Attest: Clerk -22- I Y1" N t O First Reading: Second Reading: Published in the Edina Sun on Filed in County Recorder's Office on Document No. -23- , as .w M ' 29558 ORDINANCE NO. 825 -A30 AN ORDINANCE AMENDING ORDINANCE NO. 825 TO REQUIRE LARGER MINIMUM LOT AREAS AND DIMENSIONS FOR CERTAIN LOTS IN THE SINGLE DWELLING UNIT DISTRICT (R -1) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subparagraph 1(a) of paragraph E of Section 11 (Single.Dwelling Unit District (R -1)) of Ordinance No. 825 is hereby amended to read as follows: (a) single dwelling unit building 9,000 square feet; provided, however, if the lot is in a plat or subdivision approved pursuant to Ordinance No. 804 of the City, then the minimum lot area shall be the same as determined for lots in such plat or subdivision pursuant to said ordinance if greater than 9,000 square feet. Sec. 2. Subparagraph 2 of paragraph E of Section 11 (Single Dwelling Unit District (R -1)) of Ordinance No. 825 is hereby amended to read as follows: 2. Minimum Lot Width. Single dwelling unit building -1- 75 feet; provided, however, if the lot is in a plat or subdivision approved pursuant to Ordinance No. 804 of the City, then the minimum lot width shall be the same as determined for lots in such plat or 7,--,� subdivision pursuant to said ordinance if greater than 75 feet. Sec. 3. Subparagraph 3 of paragraph E of Section 11 (Single Dwelling Unit District (R -1)) of Ordinance No. 825 is hereby amended to read as follows: 2. Minimum Lot Depth. Single dwelling unit 120 feet; provided, building however, if the lot is in a plat or subdivision approved pursuant .to Ordinance No. 804 of the City, then the minimum lot depth shall be the same as determined for lots in such plat or subdivision pursuant to said ordinance if greater than 120 feet. Sec. 4. There is hereby added to paragraph E of Section 11 (Single Dwelling Unit District (R -1)) of Ordinance No. 825 a new subparagraph 4 as follows: 1'4. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1." Sec. 5. There is hereby added to paragraph D (Definitions) of Section 3 of Ordinance No. 825, and inserted in the proper alphabetical order in said paragraph D, the following additional definition: "Lot Width to Perimeter Ratio: the quantity resulting from dividing the lot width by the total lineal feet in the perimeter of that lot. Sec. 6. Subparagraph 3 of Paragraph T. of Section 7 of Ordinance No. 825 is hereby amended to read as follows: 113. Non - Conforming Lots. A non - conforming lot in the R -1 District used or intended for a single dwelling unit building -2- N A shall be exempt from the width, depth, area and lot width to perimeter ratio requirements of this ordinance, provided, that said lot: (a) is not less than 50 feet in width; (b) is not less than 100 feet in depth; (c) has at least 30 feet frontage on a street; and (d) is not at the effective date of this ordinance, or is not at any time subsequent to such effective date, and has not been at any time since October 22, 1951, held in common ownership with all or part of an adjoining lot or parcel which, together, comply with the minimum width, depth, area and lot width to perimeter ratio requirements imposed by this ordinance. A non - conforming lot held as of, or at any time subsequent to, the effective date of this ordinance, or at any time since October 22, 1951, in common ownership with all or part of an adjoining parcel or lot which together comply with the requirements of (a), (b) and (c) above, shall not be decreased in size." Sec. 7. This ordinance shall be in effect upon its passage and publication. Attest: Clerk First Heading: Second Heading: Published in the Edina Sun on -3- Mayor 0 -rte 350 PARK AVENUE NEW YORK, NEW YORK 10002 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857 -0700 3 ORACECHURCH STREET LONDON RC3V OAT, ENGLAND _01 -929 -3334 36, RUE TRONCHET 75009 PARIS, PRANCE 0I- 4266 -59 -49 FAR-EAST FINANCE CENTER HONG KONG 852 -5- 6612555 DOI3SEY & WHITNEY A PasrSa —s INCLQ ING PS "SS,ON.• COHW6 T—S 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX 29 -0605 PAX (612)3.10 -2868 Ms. Marcella Daehn City Clerk City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Marc: THOMAS S. ERICKSON, P. A. (612) 040 -2659 November 28, 1989 Re: Subdivision Ordinance 340 FIRST NATIONAL BANK BUILDING ROCHESTER, MINNESOTA 55903 (507) 286 -3156 315 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612)475-0373 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 _..(406)252 -3800 201 DAVIDSON BUILDING GREAT PALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406) 721 -6025 I enclose herewith a one page letter to be sent to the Council Members in their packets marked CONFIDENTIAL and a longer opinion letter which should also be sent to the Council Members in their packets. The latter letter has also been forwarded to Mike Bolen and to Peter Beck as requested by the Council. I believe Craig Larsen has additional information to go to the Council, including the ordinance itself and an accompanying amendment to the zoning ordinance (Ordinance A25 -A30). If you have any questions please advise. Very truly yours, � Tho as S. Erickson TSE:lmw Enclosures cc: Craig Larsen, City Planner, City of Edina (w /encls.) Agenda Item III.A.1 & 2 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212)415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857-0700 3. ORACECHURCH STREET LONDON EC3V OAT, ENGLAND 01-929 -3334 36, RUE TRONCHET 75009 PARIS, FRANCE 0I- 42- 66 -59 -49 FAR EAST FINANCE CENTER MONO KONG 852 -5- 8612555 DOI3SEY & WHITNEY A PA@TN ns- INCLUDING P-SSI- CORMI -TIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX 29 -0605 FAX (612) 840 -21168 THOMAS S. ERICKSON, P. A. (612) 340 -2669 November 27, 1989 CONFIDENTIAL AND PRIVILEGED COMMUNICATION BETWEEN ATTORNEY AND CLIENT Honorable Members of City Council of City of Edina; and Mr. Kenneth E. Rosland, City Manager 4801 West 50th Street Edina, Minnesota 55424 Dear Members-of the City Council and Mr. Rosland: 340 FIRST NATIONAL RANK BUILDINO ROCHESTER, MINNBSOTA 55903 (507) 288 -3156 315 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (612)475 -0373 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 . - (406)252 -3800. . 201 DAVIDSON BUILDING GREAT PALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 69802 (406) 721 -6025 Attached is a letter addressed to the City Council, with copies going,to Michael Bolen and Peter K. Beck (as requested by the Council), in which I respond to objections regarding proposed Ordinance No. 804 raised in the letter from Mr. Beck to the City Council dated November 20, 1989. Please note that I drafted the attached letter in an adverserial style to rebut Mr. Beck's arguments. As a result, the attached letter does not discuss the potential shortcomings of the proposed ordinance. Although I believe the arguments that I make in the attached letter would prevail in court against Mr. Beck's arguments, there is of course no guarantee that a court would not rule against the City. Because the attached letter is being sent to Mr. Bolen and Mr. Beck, it cannot be treated as a confidential communication. I suggest that this,letter, however, be treated as a privileged and confidential communication between.attorney and client and, therefore not be released to the public. If you have any further questions on this matter, please call me. Very truly yours, Thomas S. Erickson TSE:lmw Enclosure i JAMES P. LARKIN ROBERT L. HOFFMAN JACK F. DALY D. KENNETH LI NDGREN WENDELL R. ANDERSON GERALD H. FRIEDELL ALLAN E. MULLIGAN OBERT J. HENNESSEY AMES C. ERICKSON .DWARD J. DRISCOLL JAMES P. MILEY GENE N. FULLER DAVID C. SELLERGREN RICHARD J. KEENAN JOHN D. FULLMER ROBERT E. BOY LE FRANK I. HARVEY CHARLES S. MODELL CHRISTOPHER J. DIETZEN JOHN R. BEATTIE LINDA H. FISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST D. NOWLIN MICHAEL C. JACKMAN JOHN E. DI EHL JON S. 5WIERZEWSKI THOMAS J. FLYNN JAMES P. OUINN TODD I. FREEMAN STEPHEN S. SOLOMON PETER K. BECK JEROME H. KAHNKE SHERRILL OMAN KURETICH GERALD L. BECK JOHN B. LUNDOUIST DAYLE NOLAN- THOMAS B. HUMPHREY, JR. November 30, 1989 LAI?KIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 16121 83S -3800 TELEPHONE (6121338-6610 FAX 16121 896 -3333 FAX 16121 336 -9760 Edina City Council City of Edina 4801 West 50th Street Edina, Minnesota 55424 NORTH SUBURBAN OFFICE 8990 SPRINGBROOK DRIVE, SUITE 250 COON RAPIDS, MINNESOTA 55433 TELEPHONE (6121786-7117 FAX 16121 786 -6711 Reply to Bloomington Re: Proposed Ordinance No. 804 and Related Zoning Ordinance Amendments Dear Council Members: DAVID J. PEAT MICHAEL T. MCKIM CHARLES R. WEAVER HERMAN L. TALLE VINCENT G. ELLA ANDREW J. MITCHELL JOHN A. COTTER BEATRICE A. ROTHWEILER PAUL B. PLUNKETT ALAN L. KILDOW KATHLEEN M. PICOTTE NEWMAN MICHAEL B. LE BARON FRANCIS E. GIBERSON TRACY R. EICHHORN-HICKS- AMY DARR GRADY CATHERINE BARNETT WILSON- JEFFREY C. ANDERSON DANIEL L. BOWLES TODD M. VLATKOVICH TIMOTHY J. MCMANUS GREGORY E. KORSTAD LISA A. GRAY "' -"- GARY A. RENNEKE THOMAS H. WEAVER SHANNON K. MCCAMBRIDGE MICHAEL S. COH EN DENISE M. NORTON GARY A. VAN CLEVE MICHAEL B. BRAMAN JOSEPH W. DICKER JA COUELINE F. DIETZ GAYLEN L. KNACK RODNEY D. IVES JULIE A. WRASE CHRISTOPHER J. HARRISTHAL SHARON L. BRENNA MARIKAY CANAGA LITZAU TIMOTHY J. KEANE JON R. NORBERG WILLIAM C. GRIFFITH THEODORE A. MONDALE JOHN J. STEFFENHAGEN DANIEL W. VOSS OF COUNSEL JOSEPH GITIS RICHARD A. NORDBYE 'M L50 ADMITTED IN WISCONSIN This__ letter._ is written in response to the November 27, 1989, letter to the Council from the City Attorney with respect to proposed Ordinance. No. 804 and related zoning ordinance amendments (the Proposed Ordinances). We will address the following issues raised by the Proposed Ordinances and the City Attorney's letter. Uniformity Issues. The City Attorney quotes Minnesota Statutes Section 462.357, Subd. 1, which provides that zoning regulations: "shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts ". The Proposed Ordinances violate this statutory uniformity requirement because they impose different zoning regulations and requirements (minimum lot sizes) within the same zoning district. It-is true that the Zoning Ordinance may impose different requirements in different zoning districts. However, within the same zoning district the zoning requirements, including minimum lot sizes, must be the same. If they are not, the uniformity requirement of state law is violated.. 411 LAIRKIN, HOFFMAN, DALY & LINDGBEN, LTD. Edina City Council November 30, 1989 Page 2 The statutory uniformity requirement does not refer to "similarly situated" properties. The statutory requirement is that zoning requirements be uniform for each class or kind of use in the same zoning district. All single family properties in the single family zoning district must be treated uniformly. The proposed ordinances, because they impose different requirements on different single family properties within the same zoning district, violate this uniformity requirement. The City Attorney states that, "the law requires that zoning regulations provide like treatment to similarly situated properties. If two lots are in different "neighborhoods" that are composed of different size lots, they would not be similarly situated, even if the two lots are on the same street." This.analysis is flawed in two respects. First, the statute does not refer to "similarly situated" properties. The statute requires that each class or kind of use in a zoning district be treated uniformly. The law does not allow distinctions within the same class of use in the same zoning district based on lot sizes. Second, the City Attorney's argument that two lots in different "neighborhoods" are not similarly situated, even if on the same street, is completely untenable. Under the Proposed Ordinances, every lot in,the City has a different "neighborhood ". Therefore, under the City Attorney's_analysis, there are no-two "similarly situated" lots in the entire City. - -This analysis would read the uniformity requirement right out of the law and would not, of course, be accepted by the courts. The requirement that "similarly situated" properties be treated uniformly has arisen out of case law. The Minnesota Supreme Court first used this term in the case of Northwestern College v. City of Arden Hills, 281 N.W.2d 865 (1979). In that case, the Minnesota Supreme Court ordered the City of Arden Hills to issue a building permit to Northwestern College on the grounds that the City had issued a similar permit to Bethel College. Both colleges were located in the residential zoning district, but on different properties. The Supreme Court held, "A zoning ordinance must operate uniformly on those similarly situated" and "The.disparate treatment of Northwestern and Bethel is constitutionally impermissible ". 281 N.W.2d 865, 869. The successful attorney for Northwestern College was the present Edina City Attorney. The City Attorney's argument in this instance, that two lots in the same zoning district are not similarly situated unless "of the same size and neighborhoods with lots of the same size" is patently inconsistent with the Supreme Court's decision in the Northwestern College case. LARKIN, HOFFMAN, DALY & LINDGBEN, LTD. Edina City Council November 30, 1989 Page 3 The point is that residential uses and properties in the same residential zoning district are similarly situated and must be treated uniformly, as a matter of constitutional as well as statutory law. It is not permissible to create floating subdistricts ( "neighborhoods ") within the same zoning district in order to impose different zoning requirements. Furthermore, zoning district boundaries must be fixed and certain. The Minnesota Supreme Court has'so stated in.Olson v. City of Hopkins, 149 N.W.2d 394 at 398 (1967): It is a fundamental rule that in establishing boundaries of use districts they must be fixed and expressed with sufficient certainty so that an owner can ascertain the restrictions imposed by reference to the Zoning Ordinance without resort to extrinsic proof. (Emphasis added) This means that a property owner must be able to walk into city hall, pick up a.zoning ordinance and map, and walk out knowing the restrictions placed on his property. Under the Proposed Ordinances., a property owner must survey or otherwise obtain the dimensions of hundreds of properties surrounding his own property in order to determine the dimensional requirements that apply to his property. This - information is extrinsic proof, and as such is impermissible under the rule set forth by the Supreme Court in Olson v. City of Hopkins. See also Minnesota Department of Natural Resources v. City of Waterville, 354 N.W.2d 544 (Minn. App. 19.84),. A property owner must be able to ascertain the restrictions which apply to.fiis property by reference to the zoning ordinance alone. This will-not be possible for.single family homeowners in the City of Edina if the Proposed Ordinances are adopted. Municipal zoning ordinances which.affect interests-in real property are authorized only by virtue of an exercise of the police power of a municipality, and must be in the interest of public health, safety, or welfare. Pearce v. Village of Edina, 118 N.W.2d 659, 670 (Minn. 1962). (See also Hawkins v. Talbot, 80 N.W.2d.863 (Minn. 1957); K' es v. City of St. Paul, 62 N.W.2d 363 (Minn. 1953). They are invalid where they bear no relationship to such public interest, Gunderson v. Anderson, 251 N.W. 515 (Minn. 1933); or where it is established that they are discriminatory as applied to a particular situation. State v. Northwestern Preparatory School, Inc., 37 N.W.2d 370 (Minn. 1949); See State v United Packing Stations, Inc., 50 N.W.2d 50, 53 (Minn. 1951).; 29 A.L.R. 2d 852.) While it is true that municipalities are accorded wide discretion in the adoption of zoning ordinances, the Minnesota Supreme Court has LAIRKIN, HOFFMAN, DALY & LINDGREN, LTD. Edina City Council November 30, 1989 Page 4 stated that where a particular zoning classification "is arbitrary and discriminatory insofar as it relates to different property owners affected by it, the court should not hesitate to invalidate the classification on constitutional grounds" (Perron v. Village of New Brighton, 145 N.W.2d "426 429 (1966), quoting from Pierce v. Village of Edina, 118 N.W.2d 659 (1962). Purposes of the Proposed Ordinances The City Attorney has set forth a number of "purpose and objectives" of the Proposed Ordinances. However, we have heard no discussion of these purposes at the City Council hearings on the Proposed Ordinances. The.evidence before the City, in the form of staff reports, is that the present subdivision ordinances have produced sound results. There has been no testimony from the public as to the need for the Proposed Ordinances. The only testimony has been from opponents to Mr. Utne's subdivision whose agenda is clearly limited to the adoption of an ordinance which will prohibit Mr. Utne's proposed lot split. There has.been much discussion in the .city council hearings and in the City Attorney's letter regarding the goal of "preserving.the character and symmetry -of the.neighborhood The City Attorney attempts to link this concern to the protection of the property:values and stability of neighborhoods. However, there is no evidence before the City Council that neighborhoods with varying lot sizes have lower property values or stability than neighborhoods with more uniform lot sizes. As we have stated before, aesthetic considerations are not a sufficient basis for the Proposed Ordinances. Odell v. City of Eagan, 348 N.W.2d 792 (Minn. App. 1984); See White Bear Docking and Storage, Inc v . City of White Bear Lake, 324 N.W.2d at 177 -78 (Minn. 1982). Municipal - zoning ordinances are invalid if enacted primarily in adherence to aesthetic concepts. Pierce v. Village of Edina, 118 N.W.2d 659 (Minn. 1962); Olson v. City of Minneapolis, 115 N.W.2d 734 (Minn. 1962). We have seen no credible evidence of any purpose behind the proposed ordinances other than aesthetics and an attempt to exclude new residences from existing neighborhoods. The City Attorney asserts that the Proposed Ordinances incorporate, "a greater level of specificity and objectivity in the city's subdivision regulations ". This is not the case. The Proposed Ordinances will be in addition to the current subdivision standards. All of the subjective standards currently in the subdivision ordinance will remain. The only difference will be that most large single family lots currently existing in the City will no longer be able to be split. LABKIN, HOFFMAN, DALY & LIIVDCRE \', LTD. Edina City Council November 30, 1989 Page 5 If the City Attorney is saying that under the Proposed Ordinances subdivisions which comply with the new dimensional requirements will be automatically approved, the Proposed Ordinances should specifically so state and the numerous subjective standards replaced with the new objective lot area requirements. If this is not the case, the Proposed Ordinances.will not in any way increase specificity, objectivity or certainty. The only impact will be to eliminate the possibility of subdivision for most large single family lots in the City including, in all likelihood, Mr. Utne's. The City Attorney also states that "large lot subdivisions are not promoted by the Proposed Ordinances. This is also completely incorrect. The Proposed Ordinances provide that no new lot can be smaller than half of the existing lots in the "neighborhood ". The Proposed Ordinances will eliminate most lot splits and, even where a split is allowed, new lots can be no smaller than half the existing lots in their surrounding "neighborhood ", even if this means that they must be several times larger than the minimum lot requirement applicable to all other properties in the single family zoning .- district. The Proposed Ordinances cannot possibly result in anything but larger lot subdivisions. The entire purpose of the Proposed Ordinances is to prohibit the subdivision of large lots and to stop the clock on any further infill development in the City of Edina. If the restrictions had been in effect when the City of-Edina was made up of a number of large farms, those farms would be the only properties in the City of Edina today. Fortunately for the current residents of Edina,:the City Council's predecessors did not take such an ill- advised action. The current City Council, for the benefit of the existing and future residents of Edina, should not do so at this time. Taking Issues Mr. Utne purchased his property with the intent of splitting it into two lots. If the Proposed Ordinances prohibit this lot split, they will have taken Mr. Utne's second lot.. It will have no value, as it will not be permitted to exist. We say "if ", because we simply do not know whether the Proposed Ordinances will or will not prohibit Mr. Utne's proposed lot split. The City Attorney states that the information which would enable us to determine whether Mr. Utne's lot split will be permitted, "is readily available in the city or county records, and collection of that information does not require any field work or special expertise, only time and patience ". If the City Attorney knows where we can "readily" obtain (1) the "horizontal distance between side lot lines measured at LAIRKIN, HOFFMAN, DALY & LINDGIAEN, LTD. Edina City Council November 30, 1989 Page 6 right angles to the line establishing the lot depth at a point of 50 feet from the front lot'line "; and (2) the "horizontal distance between the mid -point of the front lot line and the mid -point of the rear lot line "; and (3) the "area within the lot lines exclusive of land located below the ordinary high water elevation of lakes, ponds and streams ", for every lot within 1,000 feet of Mr._Utne's property, we would like to know where it is. We have asked the City for several months now to advise us as to where this information is "readily available ", and have yet to receive an answer. We assume that if it was'as "readily available" as the City Attorney would have you believe, we would have received an answer by this time. The City Attorney states that Mr. Utne knew,.or should have known, when he purchased his property that any proposed subdivision would be subject to municipal regulations and restrictions. Of course Mr. Utne 'knew that the property was subject to the city's zoning and subdivision ordinances. He checked those ordinances and found that his property was approximately four times the minimum lot size. We do not believe a court will impute to Mr. Utne the knowledge.that the City would subsequently adopt an ordinance which more than doubles the minimum lot size for his property, while not changing the requirements for surrounding properties:in the-same zoning district. Nowhere in,the City Attorney's letter is there a case cited which holds that a zoning ordinance which establishes different lot area and size requirements for identical uses in the same zoning district is constitutional. The City Attorney has made a valiant attempt to defend the Proposed Ordinances. However, the Proposed Ordinances do not treat similarly situated properties uniformly; they impose different zoning requirements on.properties used for the same purposes in the same zoning district; and, in all likelihood, they take Mr. Utne's second lot from him without compensation. The ordinances violate state law and the federal and state constitutions. V truly urs, Peter K. Beck, for Larkin, Hoffman, Daly & Lindgren, Ltd. kw cc: Steve Utne PKB:FD5S i' o e Cn Alillp less REPORT /RECOMMENDATION To: Kenneth Rosland Agenda Item # III. 'B. From: Craig Larsen Consent ❑ - Information Only ❑ Date: December 4, 1989 Mgr. Recommends ❑ To HRA Subject: Request by American U1 To Council Legion to locate.-in the PC -1 Zoning District Action ❑ Motion ❑ Resolution 0 Ordinance ❑ Discussion Recommendation: Info /Background: Second reading of the Ordinance Amendment failed for lack of a motion at the November 6, 1989, Council meeting. The American Legion requested that the Council reconsider and grant second reading to the amendment. r I r:,. November 28, 1989 Edina City Council 4801 W. 50th Street Edina, MN 55424 RE: Occupancy of 7070 Amundson Ave. Dear Council Members: We request permission for use of the space at 7070 Amundson Ave., Edina, MN. This space would be used by the members of the Edina American Legion Club. Sincerely, Edina American Legion Club. ORDINANCE NO. 825 -A32 AN ORDINANCE AKENDING ORDINANCE NO. 825 TO ALLOW PRIVATE CLUBS IN THE PLANNED COMMCIAL DISTRICT (PC -1) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 16.(B) of Ordinance No. 825 of the City is amended by adding the following principal use: "53. Clubs, lodge halls and meeting rooms, offices and other facilities for non - profit organizations not exceeding 2,500 square feet of gross floor area." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. First Reading: October 16, 1988 Second Reading: Published in the Edina Sun - Current on ATTEST: City Clerk Mayor , ma"', E®I NA ,il WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 November 29, 1989 Edina American Legion Post 471 5115 West 50th Street Edina, MN 55436 Dear Sirs: As you are aware on November 6, 1989, the City. Council considered,.but did not approve a Zoning Ordinance Amendment to allow you to relocate to 7070 Cahill Road.. I informed, Bill Mellin of Kenny's Properties, who I understand to be your agent, of the City Council action. Pursuant to your letter I have placed your request that the Council reconsider its action on the agenda for the December 4, 1989, meeting. You may wish to be represented at that meeting. As it stands now you may only relocate to a property zoned PC -2 or PC -3, Planned Commercial District. All properties in the Cahill- Amundson Commercial area, including 5437 West 70th Street, are zoned PC -1; which does not allow Private Clubs, such as yours. If.you now or in the future - consider other locations in the City, check with the Planning Department to verify the correct zoning: Also, be advised that leasehold.improvements are subject to receipt of a building permit. Sincrely, n Craig Larsen City Planner CL /jh o e ch O REPORT /RECOMMENDATION To: Mayor & City Council From: Francis Hoffman City Engineer Date: 4 December, 1989 Subject: ,Ordinance Change Regarding Regulation of Use of Municipal Parking Facilities Recommendation: Agenda Item # 1V.A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA 0 To Council Action ❑ Motion ❑ .Resolution 0 Ordinance ❑ Discussion Adopt first reading of amended ordinance and waive second reading if Council so desires. Info /Background: Ordinance No. 1232 needs�to be restructured and amended to include addi- tional ramps within City jurisdiction, i.e., Jerry's Ramp and Edinborough Ramp. Original ordinance covered the regulation of use of any municipal parking facility but too narrowly defined parking ramps. The proposed changes are attached and deletions to the ordinance are shown as dashed lines and underlined sections indicate changed or new wording being added to the ordinance. Additionally, the ordinance change reflects the changing fee structure which is now handled under Ordinance No. 171. This ordinance change makes possible the enforcement of parking restrictions that Council approved for Jerry's Ramp which limits parking hours to three hours in specified areas. (Deletions are marked - - - - -- Additions are underlined) 7 ORDINANCE NO. 1232 AN ORDINANCE REGULATING THE USE OF MUNICIPAL PARKING FACILITIES AND PROVIDING A PENALTY AND REPEALING ORDINANCE NO. 1231 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Hours of Parking Limited. No person shall park any vehicle in any municipal parking facility for a period in excess of the time limits, as established pursuant hereto, during business hours. Persons may park in any municipal parking facility for any length of time during non - business hours, except for such times as parking may be prohibited for snow removal, repairs, and like purposes. Section 2. Definitions. As used in this ordinance: (a) Municipal parking facility shall mean any lot or ramp, and the lanes giving ingress thereto and egress therefrom, and all accessories thereof, owned or operated by the City of Edina or the Housing and Redevelopment Authority of Edina, Minnesota, herein called "H.R.A. ", and made available to the public for parking of private motor vehicles, whether for a fee or at no cost. It shall not include parking spaces located along public streets and highways. (b)- Ramps- shall -mean- the- twe- ffixaieipal- parking - €aeil €ties- leeated -in- the -Sotk &- Fraaee- Gemmereial- Area;- ene- Nerth- a € -SAtk- Street- and- eme- Seutk- a € -SAtk- Street: (e) -- The - 50th -&- Fraaee- 6euereial- Area - shall- mean -the- area - within- the -city ineluded- within -the- plan - prepared -by- the- H:R:A:- entitle& -'-' §8th -&- Fraaee- Eeemlereial Area - Plan ' -'';- dated- Beeember -37-1974: (d) Business hours shall be from 8:00 a.m. to 8:00 p.m. of each day, except Sunday, or such other hours during such days as may be set from time to time by resolution of the City Council for any one or more of the municipal parking facilities. Any business hours hereafter set by the City Council shall coincide, as closely as possible, with those hours during which any substantial portion of the businesses in the business area of the particular municipal parking facility shall be open. (e) Time limits shall be such as are specified by resolution of the City Council from time to time for all or certain portions of any one or more of the municipal parking facilities. In setting the time limit, the City Council shall be guided by the purpose of allowing maximum use of the municipal parking facilities by patrons of businesses located in the business area of each municipal parking facility. Time limits shall be posted in a conspicuous manner, as determined by the City Manager, on the municipal parking facilities. Section 3. Exceptions, Permits. Vehicles identified by a permit sticker issued by the City under this section may be parked in- the -ramps in excess of the time limits, but only in such locations in the - ramps municipal parking facilities as shall be designated from time to time by the City Manager. Locations designated by the City Manager shall be those that are least convenient for patrons of businesses located in the business area of the ramps such designated municipal parking facilities, except that parking for physically handicapped employees, as defined in Ordinance No. 1401, may be located in other places in the -ramps such designated municipal parking facilities. Locations so designated for employees and- for- physieally- kandieapped- empleyees shall be posted in- a- eensgiexexs-manner; as -determined- by- tke-City-Manager at all vehicular entrances to each designated municipal parking facility. Ordinance No. 1232 Page 2 The Permit stickers shall be issued by such City department or City staff as the City Manager from time to time shall designate, and shall be issued only to Persons - to -be- designated eligible individuals as determined by the City Manager. The- City - Manager -may- direet- the- issuanee- a €- xp -te- 600 -sueh- permits -te- persons -whe are - employed -by- businesses -iR- the - 30th- &- FraAee- Commereial -Area: The maximum number of.-Permit stickers issued in a calendar year for a particular municipal parking facility r group of municipal parking facilities shall be set from time to time by resolution of the City Council. Persons desiring a permit sticker shall apply to the City Manager for-a- stieker on forms provided by the City Manager. Upon Prior to issuance of each permit sticker, the recipient shall pay a fee a €- $l2 - €er- the- ealendar- year- er -sxeh- Part- theree€ -then- remaining as set out in Ordinance No. 171, and furnish a description of the make, year, body style, color and license number of the vehicle to which it is to be fastened and the recipient's place of employment. Permit stickers shall be numbered consecutively and shall be valid only for the calendar year in which issued. The City shall keep a record of the atm3ber -e €- the - stieker permit sticker number and the description of the vehicle. The permit sticker'shall be fastened to the left rear bumper of the vehicle and shall be visible at all times when the vehicle is parked in the-ramp-such designated municipal parking facilities. When the vehicle is sold or traded and another vehicle is acquired, the City, upon application for a new permit sticker for the remainder of the calendar year, accompanied by a description of the new vehicle and its license number, shall issue such new permit sticker, without charge,-and show the old permit sticker as having been canceled. Whenever a person to whom a permit sticker has been issued.shall cease to be regularly employed upon the premises where he or she was employed at the time the permit sticker was issued, the employer shall notify the City of such fact, and the City shall cancel the old - stieker permit sticker of that person. No person shall park a motor vehicle in parking spaces designated and reserved for physically handicapped persons employees- xaless- the - permit- required -by -this erdixaaee- be- €astexed -to- the - vehicle -as- herein - required -and unless that person is physically handicapped or operating a vehicle under the direction and for the use of a physically handicapped person employee and such vehicle also has displayed prominently upon it.an identifying certificate or license plates issued to physically handicapped.persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Sections 169.345 and 168.021. - Section 4. Penalty. Violation.of this ordinance shall be a petty misdemeanor which shall be punishable by a fine of not more than $200. .Section 5. Repealer. Ordinance No. 1231, as amended, is hereby repealed in its entirety. ORDINANCE NO. 1232 -A1 AN ORDINANCE AMENDING ORDINANCE NO. 1232 TO INCLUDE REGULATION OF THE USE OF ALL MUNICIPAL PARKING FACILITIES AND PROVIDING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1.. Paragraphs (b) and (c) of Section 2 of Ordinance No. 1232 are hereby deleted in their entirety. Sec. 2. Section 3 of Ordinance No. 1232 is hereby amended to read as follows: "Section 3. Exceptions, Permits. Vehicles identified by a permit sticker issued by the City under this section may be parked in excess of the time limits, but only in such locations in municipal parking facilities as shall be designated from time to time by the City Manager. Locations designated by the City Manager shall be those that are least convenient for patrons of businesses located in the business area of such designated municipal parking facilities, except that parking for physically handicapped employees, as defined in Ordinance No. 1401, may be located in other places in such designated municipal parking facilities. Locations so designated for employees shall be posted at all vehicular entrances to each designated municipal parking facility. Permit stickers shall be issued by such City department or City staff as the City Manager from time to time shall designate, and shall be issued only to eligible individuals as determined by the City Manager. The maximum number of permit stickers issued in a calendar year for a particular municipal parking facility or group of municipal parking facilities shall be set from time to time by resolution of the City Council. Persons desiring a permit sticker shall apply to the City Manager on forms provided by the City Manager. Prior.to issuance of each permit sticker, the recipient shall pay a fee as set out in Ordinance No. 171 and furnish a description of the make, year, body style, color and license number of the vehicle to which it is to be fastened and the recipient's place of employment. Permit stickers shall be numbered consecutively and shall be valid only for the calendar year in which issued. The City shall keep a record of the permit sticker number and the description of the vehicle. The permit sticker shall be fastened to the left rear bumper of the vehicle and shall be visible at all times when the vehicle is parked.in such designated municipal parking facilities. When the vehicle is sold or traded and another vehicle is acquired, .the City, upon application for a new permit sticker for the remainder of the calendar year, accompanied by a description of the new vehicle and its license number, shall.issue such new permit sticker, without charge, and show the old permit sticker as having been cancelled. Whenever a person to whom a permit sticker has been issued shall cease to be regularly employed upon the premises where he or she was employed at the time the permit sticker was issued, the employer shall notify the City of such fact, and the City shall cancel the permit sticker of that person. No person shall park a motor vehicle in parking spaces designated and reserved for physically handicapped persons unless that person is physically handicapped or operating a vehicle under the direction and for the use of a physically handicapped person and such vehicle has displayed prominently upon it an identifying certificate or license plates issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Sections 169.345 and 168.021. Ordinance No. 1232 -A1 Page 2 Sec. 3. Section 4 of Ordinance No. 1232 is hereby amended to read as follows: "Section 4. Penalty. Violation of this ordinance shall be a petty misdemeanor which shall be punishable by a fine of not more than $200." Sec. 4. This ordinance shall be in full force and,effect upon its passage and publication. First Reading: Second Reading: Mayor ATTEST: City Clerk r " REQUEST FOR PURCHASE TO: Kenneth Rosland FROM: David A. Velde VIA: Kenneth Rosland City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: November 6, 1989 AGENDA ITEM vI.A ITEM DESCRIPTION: Collection of Garbage /Refuse - City Properties Company Amount of Quote or Bid 1. Waste Management $5.75 - $6.61 /cu. yd. 2. Browning Ferris Industries 2.$5.68-$6.69/cu yd. 3. Buckingham-Disposal 3 $6.80 /cu. yd. 4. Quality Waste Control, Inc. 4.$6.88/cu. yd. 5. Metro Refuse, Inc. 5.$7.44/cu. yd. RECOMMENDED QUOTE OR BID: Waste Management for two years at $5.75 per cu. yd. for 1990 and $6.61 per cu. yd. for 1991. GENERAL INFORMATION: Waste Management is a penny cheaper per cubic yard over a two year contract. The anticipated cost for refuse in 1990 and 1991 is $28,166.38 and $32,379.09 respectively. The total cost for the two year contract as bid will be $60,545.77. The ney't lowest bidder, Browning Ferris Industries, two year contract bid was $60,588.26. � 4, L� Health Signature Department The Recommended bid is x within budget not Wallin, FinAnce Director enneth Rosland, City Manager ° 0' REQUEST FOR PURCHASE 01 '^t1�nrnnw�•� TO: Mayor and City Council FROM: Bob Kojetin VIA: Kenneth Rosland; City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5 000 DATE: November 21, 1989 AGENDA ITEM VI. B ITEM DESCRIPTION: 3 scoreboards for Van Valkenburg Park Company Amount of Quote or Bid 1• AIM Electronics 1. $5,336.00 2. Adams Electronics 2. $5,796.00 3. Long Electric Co. 3. $5,916.00 4. 4. 5: 5. RECOMMENDED QUOTE OR BID: AIM Electronics $5,336.00 GENERAL INFORMATION: 3 Daktronics scoreboards and consoles, and signal cable and freight, for Van Valkenburg Park softball complex. Total price to be reimbursed by Coca -Cola as per contractural agreement. • 1t �. The Recommended bid is within budget not Department c Director ty91��1 L;� REQUEST FOR PURCH �+ o:; AS TO: Mayor Fred Richards and Council Members FROM: Bob Kojetin, Director, Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000 DATE: November 30, 1989 AGENDA ITEM VI . C ITEM DESCRIPTION: Replacement furnace for Edina Golf Dome Companv Amount of Quote or Bid 1- Flanagan Sales, Inc. 1. $45,610.00 2. 1460 West County Road C 2. 3. Roseville, MN 55113 3 4. (only supplier) 4. 5. 5. RECOMMENDED QUOTE OR BID: Flanagan Sales, Inc. GENERAL INFORMATION: Permanent furnace to replace temporary leased furnace at Golf Tome. Specs were written for two differenct furnaces. This is specialized equipment and only supplier that bids on dome furnaces. Also, installation.is inclued, which is a specialty. Price is within anticipated=Capital Improvement Budget. i Sign ture `-� Department n The Recommended bid is V_ within budget not within bu Kenneth Rosland, City W Director °� 0' REQUEST FOR PURCHASE TO: . Mayor & City Council FROM: Francis Hoffman, Director of Public Works VIA: Kenneth Rosland City Manager SUBJECT. REQUEST FOR 'PURCHASE IN EXCESS OF $5,000 DATE: 4 December, 1989 AGENDA ITEM v I . D . ITEM DESCRIPTION: Emergency Repair of Deep Well #2 Company Amount of Quote or Bid 1. E.H. Renner & Sons 1. $6,897.00 2. 2. 3. 3. 4. 4, 5. 5. RECOMMENDED QUOTE OR BID: E.H. Renner & Sons $6,897.00 GENERAL INFORMATION: Well #2 is one of our primary wells attached to an iron removal plant. It suffered a failure in the column pipe discovered upon removal. The work was performed on an emergency basis to be able to return the system to an operating status as soon as possible. We rotate our emergency repair work thru different well.contractors and emergency repair work costs are usually very close to what a normal bid price would be. The funds for the repair come from the Utility Fund. r Signature The Recommended bid is within budget not w Public Works - Utility Dept. Kenneth Rosland. City Wallin, Fiance Director e En Iry �g - �O \fN�bHpOMt�v� �aae REPORT /RECOMMENDATION To: Ken Rosland, Manager From: John Wallin, Finance Director Date: December 4, 1989 Subject: Year End Council Meeting Recommendation: Agenda Item # VILA Consent M Information Only ❑ Mgr. Recommends ❑ To HRA To Council Action 7 Motion ❑ Resolution ❑ Ordinance ❑ Discussion That Wednesday, December 27, 1989, at 4:30 p.m. be set as the Year -End Council Meeting. Info /Background: The Year -End Council Meeting is primarily to approve payment of claims, transfer of funds to be included in the current year, and, if necessary, to Bold a truth in taxation public hearing if it is continued,[from the December 18 Council Meeting. Other business can be included on the agenda if action needs to be taken before the first Regular Meeting in January. (01/02/90) A. o a Lo O It FUl" ,BOB REPORT /RECOMMENDATION To: Mayor & City Council From: Francis Hoffman City Engineer Date: 4 December, 19 &9 Subject: Street Lighting Hearings for Delaney Boulevard and Eden Prairie Road Set Hearing Date Recommendation: Agenda Item # -V-U• B. Consent 0 Information Only ❑ Mgr. Recommends ❑ To HRA To Council Action 0 Motion ❑ Resolution ❑ Ordinance ❑ Discussion Set a hearing date of December 18, 1989 to conduct public hearing on two street light petitions. Info /Background: The engineering staff has reviewed the petitions and developed a lighting plan in cooperation with Northern States Power Company. Project L -3�: Delaney Boulevard from Dewey Hill Road to West 78th Street is estimated to cost $8,176.00. Project.L- /: Eden Prairie Road from Kaymar Drive to Blake Road is estimated to cost $4,907.84. Both of these projects are judged to be feasible and staff would recommend a public hearing on December 18, 1989. A� Vj • �N�bRpoMt�O • Jess REPORT /RECOMMENDATION To: Ken Rosland From: Janet Chandler Date: December 4, 1989 Subject: Recycl ing Contract Amendment Recommendation: Agenda Item # -1/ 1 1 . c . Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA FLI To Council Action ❑ Motion Resolution ❑ Ordinance ❑ Discussion Resolution to amend the contract with BFI Recycling to include recycling service for the 323 townhomes which have individual attached garages. Info /Background: PROPOSAL The proposal from BFI would provide weekly recycling collection for 323 townhomes at a monthly cost of $1.90 per unit (vs. $2.45 for single family homes.) Since it takes less time per unit to service a group of townhomes than a similar number of single family homes, the cost will be lower per unit. CONTAINERS Containers will be delivered by BFI with no delivery charge. The supply of containers on hand is sufficient to provide for the townhomes, and have a remainder of 200 for future replacements. PROMOTION Two flyers will be distributed with each container: one from the City and one from BFI. We will also try to gain the support of the owners associations wherever possible. -2- SERVICE NOW PROVIDED FOR SOME TOWNHOMES Recycling service has been provided to over 100 townhome units since early in the program. This came about because the BFI drivers thought the townhomes were duplexes (which were included in the contract.) The mixup was discovered several weeks into the program, at which point it seemed best to continue the service. We were thus provided the opportunity to note any problems in townhome service and compare costs with single family home service. COSTS AND FUNDING Assuming the current County Funding policy remains unchanged, the added costs are anticipated to be: Total Cost County Funding Edina Net Monthly $ 613.70 $ 490.96 $ 122.74 Yearly $7,364.40 $5,891.52 $1,472.88 HENNEPIN COUNTY FUNDING POLICY Present policy does not include funding for dwellings where garbage is handled with dumpster service. Therefore, 154 townhomes with dumpster service (Yorkdale and Oak Glen) have not been included for recycling service at this time. REPORT /RECOMMENDATION To: Kenneth Rosland Agenda Item # VIII.' A. From: David A. Velde Consent a Information Only ❑ Date: December 4, 1989 Mgr. Recommends ❑ To HRA Subject: Designation of Agents 0 To Council of the Community Health Board Action ❑ Motion 0 Resolution - ❑ Ordinance ❑ Discussion Recommendation: Adopt a Resolution designating Kenneth Rosland and David Velde as agents of the Edina Community Health Board. Info /Background: The Edina Community Health. Services Plan update was submitted to the Minnesota Department of Health in September 1989. The Minnesota Department of Health re- quires that the Community Health Board designate an agent to act on behalf of the Board between scheduled meetings. This resolution designates Kenneth Rosland and David Velde as the agents of the Board. RESOLUTION APPOINTING AGENTS OF THE EDINA COMMUNITY HEALTH BOARD BE IT RESOLVED by the City Council (Community Health Board) of the City of Edina, Minnesota, pursuant to its authority under Minnesota Laws 1987, Chapter 309, that it hereby appoints and authorized the following persons to act on the Board's behalf and bind the Board for the following purposes: To serve as the Board's agent according to Minnesota Laws 1987, Chapter 309, Section 4, Subd. 2, in communicating with the Commissioner of Health,between Board meetings, including receiving information from the Commissioner and disseminating that information to the Board, as well as providing information to the Commissioner on the Board's behalf. Name: David A. Velde Address: 4801 West 50th Street, Edina, MN 55424 Phone: (B) (612) 927 -8861 (H) (612) 561 -4009 To sign and submit to the Commissioner the prepared Community Health Plan and revisions to the plan submitted according to Minnesota Laws 1987, Chapter 309, Subd. 5 and 6. Name: Kenneth Rosland Address: 4801 West 50th Street, Edina, MN 55424 Phone: (B) (612) 927 -8861 (H) (612) 831 -5910 To sign and submit to the Commissioner the Board's annual budgets, revisions to the budget, expenditure reports and activity reports submitted according to Minnesota Laws 1987, Chapter 309, Section 10, Subd. 6 and 8. Name: David A. Velde Address: 4801 West 50th Street, Edina, MN 55424 Phone: (B) (612) 917 -8861 (H) (612) 561 -4009 To sign and execute on behalf of the Board, delegation agreements with the Commissioner of Health in accordance with Minnesota Laws 1987, Chapter 309, Section 7. - Name: Kenneth Rosland Address: 4801 West 50th Street, Edina, MN 55424 Phone: (B) (612) 917 -8861 (H) (612) 831 -5910 ADOPTED this 4th day of December, 1989. • 1989 CITY OF EDINA CHECK REGISTER 12 -04 -89 PAGE 1 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE GLASS INTED 10 4248 560 . -56 + 475c--4_109 +-z- 99.97 * * * * ** * ** -CKS 0-5 60 56 57 03 i 2 -41-99- 224.60 * * * * ** * ** -CKS 338703 11/21/89 22.50 AMERICAN LEGION ADVERTISING 50- 4214 - 820 -82 338703 11/21/89 22.50 AMERICAN LEGION ADVERTISING 50- 4214 - 840 -84 338703 11/21/89 22.50 AMERICAN LEGION ADVERTISING 50- 4214 - 860 -86 67.50 338704 11/21/89 1,636.32 A DICKEY ARCHITECTS AC REMODEL 23- 1300 - 001 -00 88728 1,636.32 338705 11/21/89 45.00 JOEL RADJENOVICH REFUND 10- 4202 - 440 -44 45.00 338706 11/21/89 950.00 MILLS ADVERTISING MAGAZINE PROTOTYPE 12- 4215 - 434 -43 950.00 338707 11/21/89 159.41 MPLS ZIP SORT CORP PRO SERVICES 23-4201- 611 -61 7201 159.41 338708 11/21/89 12,800.00 LUIS HERNANDEZ REFEREE 27- 4201 - 667 -66 338708 11/21/89 1,280.00 LUIS HERNANDEZ REFEREE 27- 4201 - 667 -66 338708 11/21/89 12,800.00- LUIS HERNANDEZ REFEREE 27- 4201 - 667 -66 1,280.00 * 338709 11/21/89 75.00 MERLE ANDERSON SERVICES /DOME 27- 4201 - 667 -66 75.00 * 338710 11/21/89 1,650.00 WITZEL TREE MOVING TREE MOVING 10- 4248 - 644 -64 1521 4368 1,650.00 * 338711 11/21/89 5,600.00 STANDARD & POORS BOND REFUNDING 10- 1145- 000 -00 172149 5,600.00 * 338712 11/21/89 35.00 NATIONAL CENTER FOR MEMBERSHIP 10- 4204 - 120 -12 35.00 * 338713 11/21/89 55.00 SHIGO & TREES ASSO FORESTY BOOK 10- 4202 - 640 -64 55.00 * 338714 11/21/89 239.91 ROGER OLWIN REIMBURSEMENT 10- 4266 - 420 -42 338714 11/21/89 17.50 ROGER OLWIN REIMBURSEMENT 10- 4508 - 420 -42 338714 11/21/89 2.80 ROGER OLWIN REIMBURSEMENT 10- 4572 - 420 -42 260.21 * 338715 11/21/89 90.00 LIFE LINK III CONT ED 10- 4202 - 420 -42 EMR024 90.00 * 338716 11/21/89 20.00 CSC CREDIT SERV INC PRO SERV 10- 4201 - 420 -42 L' 1989 CITY OF EDINA VENDOR CHECK NO. DATE AMOUNT 338716 11/21/89 120.00 DUES /SUBSCRIPTION ASSO OF TRAINING 140.00 * 338717 11/21/89 44.97 PAGER AUDIO INTELLIGENCE 44.97 * 338718 11/21/89 15.00 338718 11/21/89 15.00 338718 11/21/89 15.00 EQUIP MAINT BLEVINS CONCESSIONS 45.00 * 338719 11/21/89 15,500.00- 338719 11/21/89 3,579.60 338719 11/21/89 1,556.16 !,559.99 338719 11/21/89 15,500.00 EDINA HISTORICAL ADVERTISING 5,135.76'- 5, 129 .69 338720 11/21/89 48.00 TIPS MANAGEMENT STUDY 48.00 338721 11/21/89 45.00 45.00 338722 11/21/89 275.15 ' =88.26- 275.15* 444 338723 11/21/89 478.59 478.59 338724 11/21/89 325.00 325.00 338725 11/21/89 204.00 204.00 338726 11/21/89 156.00 156.00 338727 11/21/89 2,994.53 2,994.53 338728 11/21/89 35.00 338728 11/21/89 34.00 338728 11/21/89 33.00 338728 11/21/89 33.00 135.00 * 338729 11/21/89 275.00 275.00 * 338730 11/21/89 55.00 55.00 * 338731 11/21/89 50.00 50.00 * w CHECK REGISTER VENDOR ITEM DESCRIPTION CSC CREDIT SERV INC MEMBERSHIP FEES SEARCH & SEIZURE DUES ASSO OF TRAINING DUES /SUBSCRIPTION ASSO OF TRAINING DUES /SUBSCRIPTION ASSO OF TRAINING DUES /SUBSCRIPTION AUDIO INTELLIGENCE PAGER AUDIO INTELLIGENCE EQUIPMENT AUDIO INTELLIGENCE PAGER AUDIO INTELLIGENCE PAGER LEFEVERE LEFLER DUES /SUBSCRIPTION AFFILIATED EM VET PRO SERVICES MEMOREX TELEX EQUIP MAINT BLEVINS CONCESSIONS CONCESSIONS THE CAULKERS CO CONSTRUCTION PAUL GANRUD REPAIRS /DOME CORY SMITH REPAIRS /DOME FILM TECH CORP REFUND EDINA HISTORICAL ADVERTISING EDINA HISTORICAL ADVERTISING EDINA HISTORICAL ADVERTISING EDINA HISTORICAL ADVERTISING GREAT WORKS PARK CLEANUP TIPS MANAGEMENT STUDY DAVE MEACHAM SERVICES v 12 -04 -89 PAGE ACCOUNT NO. INV. # P.O. # MESSAGE 10- 4204 - 420 -42 10- 4204 - 420 -42 10- 4204 - 420 -42 1180 10- 4204 - 420 -42 1046 10- 4204 - 420 -42 1098 10 -1139- 000 -00 044557 3165 10- 1139 - 000 -00 3214 10- 1139 - 000 -00 044557 3165 10- 1139 - 000 -00 044557 3165 10- 4204 - 420 -42 10- 4201 - 470 -47 53262B 10- 4274 - 420 -42 989065 28- 4624 - 703 -70 330364 4336 60 -1300- 005 -20 2554 4568 27- 4248 - 669 -66 27- 4248 - 669 -66 40- 3357 - 000 -00 10- 4504 - 627 -62 50- 4214 - 820 -82 50- 4214 - 840 -84 50- 4214 - 860 -86 10- 4201 - 643 -64 4552 10- 4201 - 662 -66 4553 40- 4248 - 902 -90 � s 2 a 1989 CITY OF EDINA CHECK NO. DATE 338732 11/21/89 338733 11/21/89 338734 11/21/89 338735 11/21/89 * * * * ** PRO SERV 338737 11/21/89 338737 11/21/89 338738 11/21/89 338739 11/21/89 338740 11/21/89 338741 11/21/89 338742 11/21/89 338743 11/21/89 338744 11/21/89 338745 11/21/89 338746 11/21/89 338747 11/27/89 338748 11/27/89 338749 11/27/89 338750 11/27/89 L� AMOUNT 83.97 83.97 * 472.92 472.92 * 3,583.00 3,583.00 * 400.00 400.00 * 1.63 95.39 97.02 * 106.95 106.95 * 283.62 283.62 * 60.00 60.00 * 1,840.00 1,840.00 * 952.00 952.00 * 25.00 25.00 * 143.81 143.81 * 17.50 17.50 * 324.58 324.58 * 85.17 85.17 * 80.00 80.00 * 75.00 75.00 * 60.00 CHECK REGISTER VENDOR ITEM DESCRIPTION NATIONAL MOWER CO PARTS CONVEYORS TRANS BELT FINLEY BROS ENR HOCKEY RINK FENCE SAY IT ONCE SYSTEMS, INC. DTP TRAINING 12 -04 -89 PAGE 3 ACCOUNT NO. INV. # P.O. # MESSAGE 27- 4504- 664 -66 032726 4203 10- 4620 - 560 -56 C79677 4091 10- 4201 - 647 -64 3790 4285 10- 4201 - 500 -50 637 DIANE SANKEY PW KERR LIDS 10- 4504 - 482 -48 DIANE SANKEY PW TOOLS 10- 4580- 301 -30 AUERBACH PUBLISHING NEW EQUIPMENT 10- 4902 - 510 -51 4284 MONA MEYER & MCGRAW PRO SERV 10- 4201 - 500 -50 36210 US POSTAL SERVICE PERMIT /BULK MAILING 10- 4290 - 510 -51 00303 POUCHER PRINTING BOND REFUNDING 10- 1145 - 000 -00 3385B AM FINANCIAL BOND REFUNDING 10- 1145- 000 -00 LAUKKA DEVELOPMENT REFUND 40- 3800 - 000 -00 TASCO INDUSTRIES GENERAL SUPPLIES 30-4504- 781 -78 92857 4109 TODD CORP GENERAL SUPPLIES 30- 4504 - 782 -78 388928 4638 ROBELAN GENERAL SUPPLIES 30- 4504 - 782 -78 90164 4637 CINDY WAKNITZ REIMBURSEMENT 30- 4262 - 782 -78 JAMES TOENSING PERFORMANCE 30- 4224 - 781 -78 JOAN MICKSON PERFORMANCE 30- 4224 - 781 -78 BECKY BROM PERFORMANCE 30- 4224 - 781 -78 * * * -CKS 1989 CITY OF EDINA CHECK NO. DATE 338751 338752 338753 338754 338755 338756 338757 338758 338759 338760 338761 338761 338761 338762 338763 338764 338765 338766 338766 338766 338767 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 AMOUNT 60.00 * 75.00 75.00 * 100.00 100.00 * 50.00 50.00 * 109.80 109.80 * 88.52 44. .- 88.52* 26-9 22.50 22.50 2,500.00 2,500.00 60.00 60.00 269.00 269.00 70.00 70.00 2,292.00 250.00 500.00 3,042.00 * 806.63 806.63 * 650.00 650.00 * 122.75 122.75 * 47.52 47.52 * 20.00 20.00 20.00 60.00 * 875.00 CHECK REGISTER VENDOR ITEM DESCRIPTION NANCY ROZYCKI MIKAEL RUDOLPH VIRGININA BURTON BOB BRAMWELL DANIEL SMITH EDINA ATHLETIC ASSN GRANT THORNTON US WEST COMM MINN COMM PAGING QUALITY WOOD PROD HALLA NURSERY INC HALLA NURSERY INC HALLA NURSERY INC SLOPE INDICATOR CO MN SAFETY COUNCIL VINCENT COCKRIEL ART GOKEY COMPUTER CHEQUE /MN COMPUTER CHEQUE /MN COMPUTER CHEQUE /MN LINDA KOZAK r � PERFORMANCE PERFORMANCE PERFORMANCE MILEAGE COST /GOODS SOLD BOOKS BOND REFUNDING CABLE REPAIR PAGER LUMBER TREES PLANTED TREES PLANTED TREES PLANTED REPAIR PARTS SAFETY TRAINING REFUND MILEAGE COLLECTION CHARGES COLLECTION CHARGES COLLECTION CHARGES 11/22/89- 12/05/89 b 12 -04 -89 PAGE 4 ACCOUNT NO. INV. # P.O. # MESSAGE 30- 4224 - 781 -78 30- 4224 - 781 -78 30- 4224 - 781 -78 30- 4208 - 781 -78 23- 4624 - 613 -61 341103 4427 10- 4204 - 600 -60 10- 1145 - 000 -00 06655 40- 4248 - 801 -80 A86826 4605 12- 4802 - 434 -43 10- 4604 - 260 -26 10- 4504 - 318 -30 3822 10- 4504 - 365 -30 3822 10- 4504 - 370 -30 3822 40- 4540 - 801 -80 32593 4388 10- 4202 - 281 -28 27271 4529 10- 4202 - 640 -64 40- 4208 - 806 -80 50- 4201 - 820 -82 10833 50- 4201 - 840 -84 10834 50- 4201 - 860 -86 10835 30- 4201 - 781 -78 1989 CITY OF EDINA CHECK NO. DATE 338768 11/27/89 338769 11/27/89 338770 11/27/89 338771 11/27/89 338772 11/27/89 338773 11/27/89 338774 11/27/89 338775 11/27/89 338776 11/27/89 338777 11/28/89 338778 11/28/89 338779 11/28/89 338780 11/28/89 338781 11/28/89 338782 11/28/89 338783 11/28/89 338784 11/28/89 338785 11/28/89 998 -8-7- 11/28/89 338786 AMOUNT 875.00 875.00 875.00 * 100.00 100.00 * 50.00 50.00 * 50.00 50.00 * 56.25 56.25 * 2,679.00 2,679.00 * 26.21 26.21 * 245.00 245.00 * 75.00 75.00 * 28.00 28.00 * 11.04 11.04 * 20.00 20.00 * 292.50 292.50 * 125.00 125.00 * 228.00 228.00 * 162.00 162.00 * 75.00 75.00 * 10.00* so. -9- 45.00* 1 CHECK REGISTER VENDOR ITEM DESCRIPTION LINDA KOZAK KEITH JOHNSON JOANN SCHWMACHER MARILYN BOE JOHN HARELAND MIDWEST LANDSCAPING ELSA M FOLLETT LILLIAN MUELLER DEVERNS INC JANET M CANTON SOLVEI SWENSON MN RECREATION & PARK NW TENNIS ASSOC ROXANNE SEIDEL CAROLA VIERA OTIS SPUNKMEYER INC 1990 MIDWESTERN SECT EM GO JAY SJOSTROM f 12/6/89- 12/19/89 PERFORMANCE 2/15/89 PERFORMANCE 3/1/90 PERFORMANCE 2/27/90 POSTS PURCHASE TREES AMBULANCE REFUND AMBULANCE REFUND PRO SERVICES MILEAGE /LOGIS MILEAE REGISTRATION PAYMENT SERVICES REFUND COST /GOODS SOLD ADVERTISING REFUND SKATING REFUND 0 12 -04 -89 PAGE 5 ACCOUNT NO. INV. # P.O. # MESSAGE 30- 4201 - 781 -78 30- 4224 - 781 -78 30- 4224 - 781 -78 30- 4224 - 781 -78 27- 1300 - 001 -00 3634 10- 4560 - 644 -64 1601 4343 10- 3180 - 000 -00 10- 3180 - 000 -00 30- 4201 - 782 -78 4655 10- 4208 - 160 -16 10- 4208 - 600 -60 10- 4202 - 600 -60 30- 3505- 000 -00 30- 4201 - 781 -78 10- 4248 - 644 -64 28- 4624 - 703 -70 4HO130 4551 28- 4600 - 701 -70 4423 40..3800- 000 -00 28- 3500 - 000 -00 * * * -CKS :✓ 12 -04 -89 PAGE 6 ACCOUNT NO. INV. # P.O. # MESSAGE 28- 3500 - 000 -00 28- 4224 - 701 -70 28- 4202 - 701 -70 28- 3500 - 000 -00 28- 3500 - 000 -00 28- 3500- 000 -00 28- 3500 - 000 -00 28- 4504 - 702 -70 94043 4664 27- 4288 - 663 -66 35153 4629 50- 1300 - 003 -00 4660 * ** -CKS 10- 4542 - 325 -30 3679 * ** -CKS 28- 4248 - 702 -70 68108 4663 * ** -CKS 10- 4310 - 560 -56 * ** -CKS 50- 4214 - 822 -82 EDA017 50- 4214 - 842 -84 EDA017 50- 4214 - 862 -86 EDA017 * ** -CKS 30- 4304 - 782 -78 809163 4639 I 1989 CITY OF EDINA CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 90.00* 338787 11/28/89 --46.9 SHARON HERMAN SKATING REFUND 338788 11/28/89 9,941.80 DEDE HENSEL PRO SERV 9,941.80 338789 11/28/89 138.00 NANCY KNUDSON SCHOOL CONFERENCE 138.00 338790 11/28/89 45.00 MARGO HOPPMANN SKATING REFUND 45.00 * 338791 11/28/89 45.00 PAM CHRISTIANSON SKATING REFUND 45.00 * 338792 11/28/89 90.00 DONNA ALT SKATING REFUND 90.00 * 338793 11/28/89 45.00 NYDIA CARVER SKATING REFUND 45.00 * 338794 11/28/89 50.00 ALCO CAPITAL RES GENERAL SUPPLIES 50.00 * 338795 11/28/89 225.00 ENVIROMATIC CORP MAINT 225.00 * 338796 11/28/89 1,965.00 PHIL DUFFNEY & SONS CUSTOM FIXTURES 1,965.00 * * * * * ** 338AO1 11/21/89 200.85 3M CO LETTERS 200.85 * * * * * ** 338AO6 11/28/89 97.00 A -1 ROOTMASTER REPAIR DRAIN 97.00 * * * * * ** 338A09 11/27/89 4,721.04 AAA TITLE /FILING /LIC 4,721.04 * * * * * ** 338A17 11/21/89 1,213.57 ADS TO GO ADVERTISING 338A17 11/21/89 1,213.56 ADS TO GO ADVERTISING 338A17 11/21/89 1,213.56 ADS TO GO ADVERTISING 3,640:69 * * * * ** 338A21 11/21/89 185.50 ADT SECURITY SYS. ALARM SERV :✓ 12 -04 -89 PAGE 6 ACCOUNT NO. INV. # P.O. # MESSAGE 28- 3500 - 000 -00 28- 4224 - 701 -70 28- 4202 - 701 -70 28- 3500 - 000 -00 28- 3500 - 000 -00 28- 3500- 000 -00 28- 3500 - 000 -00 28- 4504 - 702 -70 94043 4664 27- 4288 - 663 -66 35153 4629 50- 1300 - 003 -00 4660 * ** -CKS 10- 4542 - 325 -30 3679 * ** -CKS 28- 4248 - 702 -70 68108 4663 * ** -CKS 10- 4310 - 560 -56 * ** -CKS 50- 4214 - 822 -82 EDA017 50- 4214 - 842 -84 EDA017 50- 4214 - 862 -86 EDA017 * ** -CKS 30- 4304 - 782 -78 809163 4639 I v 0 40 1989 CITY OF EDINA CHECK REGISTER 12 -04 -89 PAGE 7 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE 185.50 * * * * ** * ** -CKS 338A29 11/27/89 107.43 ALBINSON MEASURING TAPES 10- 4604 - 260 -26 603145 8742 338A29 11/21/89 40.85 ALBINSON PRINT FOR GC 27- 1300 - 003 -00 601361 8742 148.28 * * * * ** * ** -CKS 338A39 11/21/89 68.16 ALTERNATOR REBUILD BATTERY 10- 4504- 343 -30 1718 4123 338A39 11/21/89 98.12 ALTERNATOR REBUILD BATTERY 10- 4504 - 440 -44 1719 4176 166.28 * * * * ** * ** -CKS 338A41 11/28/89 34.00 AMBASSADOR SAUSAGE MEAT 27- 4624 - 663 -66 8919 34.00 * * * * ** * ** -CKS 338A53 11/21/89 208.49 AMERICAN SHARECOM TELEPHONE 10- 4256 - 510 -51 338A53 11/21/89 208.49- AMERICAN SHARECOM TELEPHONE 10- 4262 - 510 -51 338A53 11/21/89 208.49 AMERICAN SHARECOM TELEPHONE 10- 4262 - 510 -51 208.49 * * * * * ** * ** -CKS 338A60 11/21/89 76.46 ANCHOR PAPER TOWEL DISPENSER 10- 4514 - 520 -52 4173 76.46 * * * * * ** * ** -CKS 338A72 11/21/89 351.00 ASHLAND CHEMICAL WINSHIELD WASH 10- 4620 - 560 -56 3971 351.00 * * * * * ** * ** -CKS 338A76 11/28/89 125.00 ASPLUND COFFEE COST OF GOODS 28- 4624 - 703 -70 42251 4335 338A76 11/21/89 351.00 ASPLUND COFFEE CONCESSIONS 28- 4624 - 703 -70 41289 4335 476.00 * * * * * ** * ** -CKS 338A80 11/27/89 77,984.00 ASTLEFORD INTL DUMP TRUCKS 10- 4901 - 305 -30 59033 9886 77,984.00 * * * * * ** * ** -CKS 338A82 11/28/89 24.61 AT & T TELEPHONE 30- 4256 - 782 -78 24.61 * * * * * ** * ** -CKS 338A85 11/21/89 95.00 AUDIO VISUAL WHSE GENERAL SUPPLIES 30- 4504- 782 -78 29864 4577 v 0 40 1989 CITY OF EDINA CHECK NO. DATE 338BO5 338605 338605 338B05 338805 338605 338605 338605 338805 * * * * ** 338B18 338618 338618 338818 338B18 338B18 * * * * ** 338B30 338B30 338B30 338B30 338B30 338630 338B30 338B30 * * * * ** 338B42 338842 * * * * ** 338860 338B72 338672 * * * * ** 338678 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 11/27/89 AMOUNT 95.00 166.77 30.00 25.00 13.24 24.00 15.00 23.78 23.78 23.78- 297.79* =°1-92 CHECK REGISTER VENDOR ITEM DESCRIPTION BACH -BI.LL BACH -BILL BACH -BILL BACH -BILL BACH -BILL BACH -BILL BACH -BILL BACH -BILL BACH -BILL RF?MbRSEMENT ES POSTAGE GENERAL SUPPLIES GENERAL SUPPLIES PRINTING SIOL SAMPLES SOIL SAMPLES SIOL SAMPLES 12 -04 -89 PAGE 8 ACCOUNT NO. INV. # P.O. # MESSAGE * ** -CKS 30 -4516- 781 -78 30- 4201 - 783 -78 30- 4290 - 781 -78 30- 4504- 781 -78 30- 4504 - 782 -78 30- 4600 - 781 -78 30- 4660 - 782 -78 30- 4660 - 782 -78 30- 4660 - 782 -78 * ** -CKS 11/21/89 80.28 BATTERY WAREHOUSE REPAIR PARTS 10- 4540 - 560 -56 70598 4101 11/21/89 226.24 BATTERY WAREHOUSE BATTERY 10- 4540 - 560 -56 70476 4259 11/21/89 343.56 BATTERY WAREHOUSE BATTERIES 10- 4540 - 560 -56 68364 4266 11/21/89 160.59 BATTERY WAREHOUSE BATTERY 10- 4540 - 560 -56 66138 3797 11/21/89 85.35 BATTERY WAREHOUSE BRAKE SHOE 10- 4540 - 560 -56 68367 3915 11/21/89 253.90 BATTERY WAREHOUSE BLADES 10- 4620 - 560 -56 70477 4087 1,149.92 * ** -CKS 11/21/89 5.70 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 120 -12 513297 11/21/89 20.19 BERTELSON BROS. INC. BINDERS 10- 4504- 160 -16 517404 11/21/89 39.60 BERTELSON BROS. INC. BINDERS 10- 4504 - 301 -30 517404 11/21/89 38.20 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 517404 11/21/89 113.10 BERTELSON BROS. INC. COPIER LABELS 10- 4504 - 510 -51 513297 11/21/89 5.27- BERTELSON BROS. INC. CREDIT 10- 4504- 510 -51 513297 11/27/89 63.98 BERTELSON BROS. INC. OFFICE SUPPLIES 30- 4516- 781 -78 161900 4569 11/27/89 33.52 BERTELSON BROS. INC. OFFICE MATERIAL 40- 4504 - 801 -80 517708 4520 309.02 * * ** -CKS 11/21/89 275.40 BLACK PHOTOGRAPHY OFFICE SUPPLIES 30- 4516 - 781 -78 870965 4544 11/27/89 48.94 BLACK PHOTOGRAPHY OFFICE SUPPLIES 30- 4516 - 782 -78 128206 4647 324.34 * * ** -CKS 11/21/89 295.33 BORCHERT - INGERSOL PULLEY 10- 4540 - 560 -56 146621 3997 295.33 * 11/21/89 55.00 BRAEMAR CLUBHOUSE EVENT FEE 10- 4280 - 504 -50 (2checks) * ** -CKS 11/21/89 656.20 656.29 BRAEMAR CLUBHOUSE INSPECTION TOUR 10- 4206 - 100 -10 * ** -CKS 11/21/89 303.69 BRISSMAN - KENNEDY INC CLEANING SUPPLIES 10- 4512 - 520 -52 140513 4421 10 12 -04 -89 PAGE 9 ACCOUNT NO. INV. # P.O. # MESSAGE 10 -4504- 301 -30 293638 4178 10- 4504 - 343 -30 S07104 4116 41- 4504 - 900 -90 S07079 4265 * ** -CKS 10- 4504 - 510 -51 46360 * ** -CKS 10- 4540- 560 -56 55249 4122 27- 4516 - 661 -66 6574 * ** -CKS 10- 4210 - 140 -14 106587 30- 4214 - 781 -78 106627 4634 * ** -CKS 30- 4288 - 782 -78 179351 1400 * ** -CKS 10- 4258- 446 -44 10- 4258 - 646 -64 * ** -CKS 10- 4504 - 482 -48 4486 * ** -CKS 40- 4540 - 803 -80 15503 4191 * ** -CKS 10- 4218 - 220 -22 367672 10- 4218- 220 -22 367673 10- 4218 - 220 -22 367674 .40 * ** -CKS 1989 CITY OF EDINA CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 303.69 * 338679 11/21/89 435.00 BROCK WHITE MATERIAL 338679 11/21/89 92.75 BROCK WHITE EPDXY PATCHER 338B79 11/21/89 64.68 BROCK WHITE FORMS 592.43 * * * * * ** 338C0S 11/21/89 201.30 CARLSON PRINTING BUSINESS CARDS 201.30 * * * * * ** 338C22 11/21/89 220.00 CERT POWER TRAIN PARTS 220.00 * 338C23 11/21/89 49.00 CORE RESTORE CARTRIDGE REPLACE 49.00 * * * * * ** 338C25 11/27/89 55.80 CHAPIN PUBLISHING CO ADS FOR BIDS 338C25 11/21/89 45.25 CHAPIN PUBLISHING CO ADVERTISING 101.05 * * * * * ** 338C27 11/27/89 296.00 CHEMLAWN CHEMICALS 296.00 * * * * * ** 338C33 11/27/89 142.60 CITY OF EDINA WATER 338C33 11/27/89 27.10 CITY OF EDINA WATER 169.70 * ;;*8c*:; 11/21/89 486.85 CURTIN MATHESON SCI LAB SUPPLIES 486.85 * * * * * ** 338D31 11/21/89 37.52 DAVIES WATER EQUIP PAINT 37.52 * * * * * ** 338D79 11/28/89 17,959.47 DORSEY & WHITNEY LEGAL 338D79 11/28/89 18,576.63 DORSEY & WHITNEY LEGAL 338D79 11/28/89 7,992.22 DORSEY & WHITNEY LEGAL 44,528.32 * * * * ** 10 12 -04 -89 PAGE 9 ACCOUNT NO. INV. # P.O. # MESSAGE 10 -4504- 301 -30 293638 4178 10- 4504 - 343 -30 S07104 4116 41- 4504 - 900 -90 S07079 4265 * ** -CKS 10- 4504 - 510 -51 46360 * ** -CKS 10- 4540- 560 -56 55249 4122 27- 4516 - 661 -66 6574 * ** -CKS 10- 4210 - 140 -14 106587 30- 4214 - 781 -78 106627 4634 * ** -CKS 30- 4288 - 782 -78 179351 1400 * ** -CKS 10- 4258- 446 -44 10- 4258 - 646 -64 * ** -CKS 10- 4504 - 482 -48 4486 * ** -CKS 40- 4540 - 803 -80 15503 4191 * ** -CKS 10- 4218 - 220 -22 367672 10- 4218- 220 -22 367673 10- 4218 - 220 -22 367674 .40 * ** -CKS 1989 CITY OF EDINA CHECK REGISTER 12 -04 -89 PAGE 10 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE 338D81 11/28/89 415.00 DOWNEY WATER COND. GENERAL SUPPLIES 28- 4504 - 702 -70 2781 4490 415.00 * * * * * ** * ** -CKS 338D85 11/27/89 218.00 DUFFEY PAPER CO. PAPER 10- 4504 - 510 -51 923494 4498 218.00 * * * * * ** * ** -CKS 338D88 11/22/89 54.50- DUO CHEM GENERAL SUPPLIES 30- 4504 - 782 -78 4636 338D88 11/21/89 54.50 DUO CHEM GENERAL SUPPLIES 30- 4504 - 782 -78 4636 338D88 11/27/89 485.73 DUO CHEM CHEMICALS 30- 4540 - 782 -78 MN4825 4652 485.73 * * * * * ** * ** -CKS 338E14 11/21/89 141.72 EARL F. ANDERSON ALUM BLANKS /SIGNS 10- 4542 - 325 -30 92169 4267 141.72 * * * * * ** * ** -CKS 338E20 11/27/89 85.00 ECOLAB PEST ELIM. SERVICE CONTRACT 30- 4288 - 782 -78 P18332 4648 85.00 * * * * * ** * ** -CKS 338E71 11/27/89 23.42 ELVIN SAFETY SUPPLY SUPPLIES 10- 4504 - 520 -52 23.42 * * * * * ** * ** -CKS 338E75 11/27/89 300.00 EMPLOYEES CLUB SUPPLIES 10- 4504 - 500 -50 300.00 * * * * * ** * ** -CKS 338E94 11/21/89 496.00 ESS BROS & SONS REPAIR PARTS 40- 4540 - 900 -90 1581 4454 496.00 * * * * * ** * ** -CKS 338F02 11/28/89 187.50 FACILITY SYSTEMS REMODELING 10- 4901 - 420 -42 42545 4669 338F02 11/28/89 115.78 FACILITY SYSTEMS REMODELING 10- 4901 - 420 -42 42598 4668 303.28 * * ** -CKS 338F11 11/27/89 809.06 FEED RITE CONTROL WATER.CHEMICALS 40- 4622 - 805 -80 132000 1670 809.06 * * * * * ** * ** -CKS 338F26 11/21/89 283.97 FLEXIBLE PIPE TOOL HOSE ASSEM 10- 4540 - 560 -56 3224 3745 w s 1989 CITY OF EDINA CHECK NO. DATE AMOUNT 12 -04 -89 PAGE 11 283.97 * kRkRk* ACCOUNT NO. INV. # P.O. # MESSAGE 338F47 11/27/89 102.00 102.00 * kkkkkk REPAIR PARTS 27- 4540 - 664 -66 338F64 11/21/89 13.00 13.00 * kkkkkk * ** -CKS 338G15 11/27/89 54.00 54.00 * k k k k k k 338G24 11/21/89 84.74 338G24 11/21/89 954.00 8923 1,038.74 * kkkkkk 338G44 11/21/89 100.00 GEN. COMMUNICATIONS RADIO SERVICE 100.00 * kR *RRk 1325 338H03 11/28/89 36.00 57493 3690 36.00 * kkkkkk 338H09 11/27/89 1,249.75 GLEN SIPE PIANO SERV SERVICE CONTRACT 1,249.75 * kkkkkk 4635 338H21 11/21/89 202.14 338H21 11/21/89 93.97 2ff.i4 -* 338H28 11/27/89 12,950.00 1642 4624\ 12,950.00 * :::H5 6 11/27/89 4.46 338H56 11/27/89 21.75 48201 4366 26.21 * kRk *kk w 40 * ** -CKS CHECK REGISTER 12 -04 -89 PAGE 11 VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE * ** -CKS FOWLER ELECTRIC REPAIR PARTS 27- 4540 - 664 -66 97975 4567 * ** -CKS FRED VOGT & CO. REFUND 10- 3130 - 000 -00 * ** -CKS GEM TAP SERV CLEANING 27- 4630 - 663 -66 8923 * ** -CKS GEN. COMMUNICATIONS RADIO SERVICE 10- 4248 - 440 -44 57114 1325 GEN. COMMUNICATIONS REPLACE RADIO 27- 4504- 664 -66 57493 3690 * ** -CKS GLEN SIPE PIANO SERV SERVICE CONTRACT 30- 4288 - 782 -78 89117 4635 * ** -CKS HOLMSTEN ICE RINKS GENERAL SUPPLIES 28- 4504 - 704 -70 1642 4624\ * ** -CKS HALLMAN ENGINE OIL 10- 4618 - 560 -56 48201 4366 * ** -CKS HARMON GLASS WINDSHIELD 10- 4248 - 560 -56 197410 4119 (2 checks) HARMON GLASS GLASS TINTED 10- 4248 - 560 -56 110750 4109 * ** -CKS HAYDEN- MURPHY EQUIP ALLIED HYDRA HAMMER 40- 1340 - 000 -00 3604 3919 * ** -CKS HIRSHFIELDS PAINT 10- 4544 - 646 -64 111588 4657 HIRSHFIELDS WOOD 10- 4604 - 646 -64 111657 4477 40 * ** -CKS I 1989 CITY-OF EDINA CHECK NO. DATE 338H63 11/27/89 * * * * ** WOOD 338H74 11/21/89 * * * * ** LUMBER 338I78 11/21/89 * * * * ** 4365 338J27 11/21/89 * * * * ** * ** -CKS 338J35 11/21/89 * * * * ** 10- 4540- 520 -52 338J74 11/21/89 338J74 11/21/89 338J74 11/21/89 * * * * ** 4243 338K09 11/21/89 338K09 11/21/89 * * * * ** 519111 338K35 11/27/89 338K35 11/27/89 338K35 11/27/89 338K35 11/27/89 338K35 11/28/89 338K35 11/21/89 338K35 11/21/89 338K35 11/21/89 338K35 11/27/89 338K35 11/27/89 338K35 11/21/89 * * * * ** 527492 338K57 11/21/89 AMOUNT 214.20 214.20 * 4.24 4.24 * 298.13 298.13 * 3.99 3.99 * 17.22 17.22 * 8.50 16.20 88.76 113.46 * 39.92 121.37 161.29 * 56.02 10.99 55.99 97.28 87.51 89.82 197.29 95.68 4.70- 83.02 69.80 838.70 2,189.85 CHECK REGISTER VENDOR ITEM DESCRIPTION HOFFERS INC LINE PAINT HOOTEN CLEANERS ISIA JERRYS FOODS JERRYS PRINTING LAUNDRY PRINTING BATTERY PRINTING •'1 IWO 12 -04 -89 PAGE 12 ACCOUNT NO. INV. # P.O. # MESSAGE 10- 4563 - 642 -64 69067 3806 10- 4262 - 420 -42 28- 4600 - 701 -70 4319 10- 4504 - 440 -44 10- 4600 - 480 -48 8096 * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS JUSTUS LUMBER NAILS 27- 4540 - 667 -66 12319 4021 JUSTUS LUMBER WOOD 27- 4540 - 667 -66 23862 4281 JUSTUS LUMBER WOOD 27- 4540- 667 -66 14243 4223 4365 KNOX COMM CREDIT * ** -CKS KAMAN BEARING & SPLY BEARING REPLACEMENT 10- 4540- 520 -52 3969 KAMAN BEARING & SPLY ROLLER CHAIN 10- 4540 - 560 -56 3912 * ** -CKS KNOX COMM CREDIT BLDG SUPPLIES 10- 4504 - 343 -30 527538 4361 KNOX COMM CREDIT BLDG SUPPLIES 10- 4540 - 390 -30 496170 4365 KNOX COMM CREDIT BLDG SUPPLIES 10- 4540 - 520 -52 495445 4371 KNOX COMM CREDIT BLDG MATERIAL 10- 4540 - 520 -52 527775 4243 KNOX COMM CREDIT GENERAL SUPPLIES 28- 4540-704 -70 519111 4491 KNOX COMM CREDIT SHOP MATERIAL 40- 4504 - 802 -80 496313 4382 KNOX COMM CREDIT SHOP MATERIAL 40- 4504 - 802 -80 527750 4269 KNOX COMM CREDIT SHOP MATERIAL 40- 4504 - 802 -80 527492 4370 KNOX COMM CREDIT CREDIT 41- 4504 - 900 -90 527842 4262 KNOX COMM CREDIT BLDG SUPPLIES 41- 4504 - 900 -90 527834 4262 KNOX COMM CREDIT REMODELING 50- 1300 - 003 -00 527751 4579 * ** -CKS KUETHER DIST. CO. BEER 50- 4630 - 822 -82 1989 CITY OF EDINA CHECK NO. DATE kkkkkk PRODUCTS 338L04 11/27/89 kkkkkk PARTS 338L28 11/21/89 338L28 11/21/89 338L28 11/21/89 338L28 11/21/89 338L28 11/21/89 338L28 11/21/89 kkkkkk 50- 4233 - 820 -82 33802 11/27/89 kkkkkk 50- 4233 - 840 -84 338L48 11/27/89 k k k k k k 50- 4233 - 860 -86 338L60 11/21/89 338L60 11/21/89 338L60 11/21/89 338L60 11/21/89 338L60 11/21/89 338L60 11/21/89 338L60 11/21/89 kkkkkk 338L66 11/21/89 kkkkkk 338M16 11/27/89 kkkkkk 338M23 11/21/89 338M23 11/21/89 338M23 11/21/89 kkkkkk V AMOUNT 2,189.85 * 7,177.00 7,177.00 * 170.15 343.15 360.99 191.99 362.41 487.06 1,915.75 * 4,196.00 4,196.00 * 4,194.00 4,194.00 * 2,617.66 821.09 3,777.67 1,418.76 301.66 301.66 301.66 9,540.16 * 50.84 50.84 * 491.64 491.64 * 75.00 75.00 75.00 225.00 * CHECK REGISTER VENDOR ITEM DESCRIPTION LAHASS SERVICE BODY LAWSON PRODUCTS PARTS LAWSON PRODUCTS PARTS LAWSON PRODUCTS PARTS LAWSON PRODUCTS PARTS LAWSON PRODUCTS PARTS LAWSON PRODUCTS PARTS Is 12 -04 -89 PAGE 13 ACCOUNT NO. INV. # P.O. # MESSAGE * ** -CKS 10- 4901 - 305 -30 7066 3591 10- 4504 - 301 -30 10- 4504 - 322 -30 10- 4620 - 560 -56 10- 4620 - 560 -56 40- 4504 - 803 -80 40- 4540 - 803 -80 10- 4204 - 140 -14 * ** -CKS 3940 3927 3978 3928 3926 3979 * ** -CKS * ** -CKS LIGHTING RESOURCES LIGHT CART 30- 1340 - 000 -00 3774 * ** -CKS LOGIS DATA ENTRY 10- 4233 - 160 -16 LOGIS DATA ENTRY 10- 4233 - 200 -20 LOGIS DATA ENTRY 10- 4233 - 420 -42 LOGIS DATA ENTRY 40- 4233 - 800 -80 LOGIS DATA ENTRY 50- 4233 - 820 -82 LOGIS DATA ENTRY 50- 4233 - 840 -84 LOGIS DATA ENTRY 50- 4233 - 860 -86 * ** -CKS LONG LAKE FORD TRACT MUFFLER 10- 4540 -560- 56,96246 4532 * ** -CKS MCCAREN DESIGNS TREES /FLOWERS /SHRUBS 30- 4660 - 783 -78 1967 4495 * ** -CKS MARKETING FACTORS SERVICES 50- 4201 - 820 -82 MARKETING FACTORS SERVICECS 50- 4201 - 840 -84 MARKETING FACTORS SERVICECS 50- 4201 - 860 -86 w AV * ** -CKS 4 4 t 1989 CITY OF EDINA CHECK NO. DATE AMOUNT 338M27 11/21/89 296.80 338M27 11/21/89 457.60 338M27 11/21/89 323.75 338M27 11/21/89 79.00 338M27 11/27/89 81.20 338M27 11/21/89 20.00 - 338M27 11/21/89 200.00 338M27 11/21/89 20.00 338M27 11/21/89 213.70 338M27 11/21/89 292.81 338M27 11/21/89 297.30 338M27 11/27/89 427.05 2,669.21 * * * * * ** 338M35 11/21/89 220,257.78 220,257.78 * * * * * ** 338M42 11/21/89 63.49 338M42 11/21/89 94.54 338M42 11/28/89 2,710.12 338M42 11/21/89 256.45 3,124.60 * * * * * ** 338M46 11/28/89 24.95 338M46 11/21/89 53.47 78.42 * * * * * ** 338M51 11/27/89 848.00 848.00 * * * * * ** 338M58 11/21/89 32.91 32.91 * * * * * ** 338M68 11/27/89 265.13 265.13 * * * * * ** 338M76 11/21/89 113.47 113.47 * * * * * ** CHECK REGISTER VENDOR ITEM DESCRIPTION MERIT SUPPLY CLEAN SUPPLYS MERIT SUPPLY SNOW PLOW WAX MERIT SUPPLY SNOW PLOW WAX MERIT SUPPLY SUPPLIES MERIT SUPPLY CLEANING SUPPLIES MERIT SUPPLY CLEAN SUPPLYS MERIT SUPPLY CLEAN SUPPLYS MERIT SUPPLY CLEAN SUPPLYS MERIT SUPPLY CLEANER MERIT SUPPLY BAIT /GREASE MERIT SUPPLY CLEANING SUPPLIES MERIT SUPPLY CLEANING SUPPLIES 12 -04 -89 PAGE 14 ACCOUNT NO. INV. # P.O. # MESSAGE 10- 4504 - 301 -30 10- 4504 - 318 -30 10- 4504- 318 -30 10- 4504 - 520 -52 10- 4504 - 645 -64 10- 4504 - 645 -64 10- 4504 - 645 -64 10- 4504 - 645 -64 10- 4512 - 375 -30 10- 4540 - 540 -54 28- 4512 - 702 -70 30- 4512 - 782 -78 22508 22814 22878 23030 23043 22508 22508 22508 22854 22817 23008 23031 3466 4102 4200 4632 4188 3466 3466 3466 4187 4107 4489 4549 * ** -CKS METRO WASTE CONTROL SEWER SERVICE MIDWEST ASPHALT COR MIDWEST ASPHALT COR MIDWEST ASPHALT COR MIDWEST ASPHALT COR METZ BAKING CO METZ BAKING CO MIDWEST WIRE & STEEL MILLIPORE MN. CELLULAR TEL MN. GLOVE 40- 4312 - 812 -80 7364 * ** -CKS BLACTOP BLACKTOP CONSTRUCTION BLACKTOP 10- 4524 - 301 -30 1103 10- 4524 - 301 -30 2969 28- 1300 - 001 -00 3085 1103 40- 4524 - 803 -80 2969 * ** -CKS BREAD BREAD 27- 4624 - 663 -66 8925 27- 4624 - 663 -66 8925 * ** -CKS PLOW MARKERS 10- 4504 - 318 -30 19904 4448 * ** -CKS LAB SUPPLIES 10- 4504 - 482 -48 113663 3871 * ** -CKS CAR PHONE 10- 4204 - 140 -14 807727 * ** -CKS GLOVES 40- 4504- 803 -80 36907 4232 * ** -CKS r 1989 CITY OF EDINA CHECK REGISTER 12 -04 -89 PAGE 15 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE 338M80 11/21/89 75.17 MN SUBURBAN NEWS ADVERTISING 10- 4210- 140 -14 338M80 11/27/89 29.53 MN SUBURBAN NEWS ADS FOR BIDS 10- 4210 - 140 -14 338M80 11/27/89 42.00 MN SUBURBAN NEWS ADVERTISING 23- 4214 - 611 -61 91156 4588 338M80 11/21/89 19.80 MN SUBURBAN NEWS PRINTING 23- 4600 - 611 -61 89305 166.50 * * * * ** * ** -CKS 338M85 11/21/89 18.00 MN. WANNER MATERIAL /STEEL 10- 4504 - 560 -56 73669 4263 338M85 11/27/89 10.50 MN. WANNER PLBG PARTS 10- 4540 - 646 -64 073731 4656 28.50 * * * * * ** * ** -CKS 338M92 11/28/89 53.70 MONARCH MARKETING OFFICE SUPPLIES 50- 4516 - 860 -86 240216 53.70 * 338M93 11/21/89 163.50 MOTOROLA EQUIP REPLACE 10- 4901 - 420 -42 163.50 * * * * * ** * ** -CKS 338M97 11/21/89 4,355.96 MPLS FINANCE DEPT. WATER 40- 4640 - 803 -80 4,355.96 * * * *R *1t * ** -CKS 338NO3 11/21/89 840.00 MPLS SEWER & WATER SERVICE REPAIR 40- 4248 - 801 -80 20226 4459 338NO3 11/21/89 84.00 MPLS SEWER & WATER SERVICE REPAIR 40- 4248 - 801 -80 20226 4459 338NO3 11/21/89 84.00- MPLS SEWER & WATER SERVICE REPAIR 40- 4248 - 801 -80 20226 4459 840.00 (2 checks) * * * * ** 338N21 11/21/89 224.68 NAPA AUTO PARTS TRANSPT 10- 4540 - 560 -56 570312 4199 * ** -CKS 338N21 11/21/89 8.64 NAPA AUTO PARTS BATTERY CABLE 10- 4540 - 560 -56 570943 4264 338N21 11/21/89 41.72 NAPA AUTO PARTS BEARING 10- 4540- 560 -56 571089 4240 338N21 11/21/89 112.38 NAPA AUTO PARTS CLUTCH /BEARING 10- 4540 - 560 -56 570642 4209 387.42* �-t$2.74' 338N22 11/27/89 2.20 NATL GUARDIAN SYS. ALARM SYSTEM 23- 4304 - 612 -61 161176 2.20 * * * * ** * ** -CKS 338N33 11/21/89 233.00 NELSON RADIO COMM REPAIR WORK 10- 4620 - 560 -56 15448 4110 233.00 * * * * ** * ** -CKS 338N72 11/27/89 796.87 NORTHWESTERN TIRE CO TIRES /TUBES 10- 4616 - 560 -56 796.87 * * * * ** * ** -CKS 338N82 11/21/89 20.26 NW GRAPHIC SUPPLY COST /GOODS SOLD 23- 4624 - 613 -61 165994 3532 14P Aw 1989 CITY OF EDINA CHECK REGISTER 12 -04 -89 PAGE 16 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE 338N82 11/21/89 40.41 NW GRAPHIC SUPPLY COST /GOODS SOLD 23- 4624 - 613 -61 165969 4328 60.67 * * * * * ** * ** -CKS 338017 11/27/89 133.00 OFFICE PRODUCTS SUPPLIES 10- 4504 - 510 -51 095609 4420 338017 11/27/89 12.00 OFFICE PRODUCTS SUPPLIES 10- 4504 - 510 -51 095905 11/28/89 338017 11/27/89 78.00 OFFICE PRODUCTS SUPPLIES 10- 4504 - 510 -51 095711 4420 338017 11/21/89 32.00 OFFICE PRODUCTS SUPPLIES 10- 4504 - 510 -51 095330 4316 CASH MEETING 255.00 * 338P36 11/28/89 5.70 PETTY CASH * * * * ** 10- 4206 - 500 -50 338P36 11/28/89 2.25 PETTY CASH * ** -CKS 338024 11/21/89 89.00 OFFSET PRINTING PRINTING 10- 4600 - 420 -42 30364 4297 338P36 11/28/89 89.00 * PETTY CASH PARKING 10- 4208 - 200 -20 338P36 * * * * ** 2.00 PETTY CASH PARKING 10- 4208 - 480 -48 338P36 * ** -CKS 338P11 11/21/89 68.00 PARK NIC MED CTR HEARING TEST 10- 4201 - 300 -30 11/28/89 38.90 PETTY CASH 68.00 * 10- 4504- 200 -20 338P36 11/28/89 12.68 PETTY * * * * ** SUPPLIES 10- 4504 - 490 -49 338P36 11/28/89 11.90 PETTY * ** -CKS 338P31 11/27/89 750.00 PETER COTTON TRAINING 10- 4201 - 440 -44 CASH 4657 10- 4512 - 520 -52 338P36 750.00 * 16.54 PETTY CASH SUPPLIES 10- 4516- 600 -60 * * * * ** * ** -CKS 338P36 11/28/89 26.00 PETTY CASH CHAMBER LUNCHEON 10- 4202 - 140 -14 338P36 11/28/89 27.70 PETTY CASH PARKING 10- 4202 - 600 -60 338P36 11/28/89 110.15 PETTY CASH MEETING ADM 10- 4206 - 140 -14 338P36 11/28/89 12.00 PETTY CASH PARKING 10- 4206 - 260 -26 338P36 11/28/89 20.35 PETTY CASH MEETING 10- 4206 - 490 -49 338P36 11/28/89 5.70 PETTY CASH MEETING 10- 4206 - 500 -50 338P36 11/28/89 2.25 PETTY CASH PARKING 10- 4208 - 120 -12 338P36 11/28/89 6.60 PETTY CASH MILEAGE 10- 4208 - 160 -16 338P36 11/28/89 14.49 PETTY CASH PARKING 10- 4208 - 200 -20 338P36 11/28/89 2.00 PETTY CASH PARKING 10- 4208 - 480 -48 338P36 11/28/89 12.33 PETTY CASH MEETING COMPUTERS 10- 4212 - 510 -51 338P36 11/28/89 38.90 PETTY CASH SUPPLIES 10- 4504- 200 -20 338P36 11/28/89 12.68 PETTY CASH SUPPLIES 10- 4504 - 490 -49 338P36 11/28/89 11.90 PETTY CASH SUPPLIES 10- 4504 - 646 -64 338P36 11/28/89 2.24 PETTY CASH KITCHEN SUPPLIES 10- 4512 - 520 -52 338P36 11/28/89 16.54 PETTY CASH SUPPLIES 10- 4516- 600 -60 338P36 11/28/89 18.00 PETTY CASH MTG EXP /CAMPBELL 12- 4206 - 434 -43 338P36 11/28/89 8.12 PETTY CASH MTG EXP /CAMPBELL 12- 4208 - 434 -43 338P36 11/28/89 12.00 PETTY CASH GC SUPPLIES 27- 1300 - 003 -00 338P36 11/28/89 23.02 PETTY CASH ARENA SUPPLIES 28- 4504 - 780 -78 382.97 * * * * * ** * ** -CKS 338P40 11/21/89 28.45 PHOTO FAST GENERAL SUPPLIES 23- 4504- 611 -61 3348 28.45 * * * * * ** * ** -CKS • � �� fit. a 1989 CITY OF EDINA CHECK NO. DATE AMOUNT 338P48 11/21/89 18.70 30- 4600 - 781 -78 5407 18.70 * * * * * ** 338P56 11/21/89 112.50 * ** -CKS PLASTIC BAGMART 112.50 * * * * * ** 6381 4485 338P66 11/21/89 102.00 102.00 * * * * * ** PONY EXP RELOADERS GENERAL SUPPLIES 338R25 11/27/89 35.00 35.00 * * * * * ** 338R35 11/27/89 320.00 10- 4248 - 644 -64 10845 320.00 * * * * * ** 338R59 11/28/89 242.60 * ** -CKS RICHFIELD PLUMB CO 242.60 * * * * * ** 7735 338R81 11/21/89 257.27 257.27 * * * * * ** ROCHESTER MIDLAND GENERAL SUPPLIES 338S15 11/21/89 156.92 338S15 11/21/89 117.35 274.27 * * * * * ** RUBENSTEIN & ZIFF CRAFT SUPPLIES 338519 11/21/89 646.65 $40-7$ 338S19 11/21/89 8.60 655.25*655.9 * * * * * ** SEARS CONSTR BOX 338S27 11/21/89 135.76 338S27 11/21/89 15.31 10- 4580 - 301 -30 151.07 * * * * * ** 338S32 11/21/89 201.93 197-88- CHECK REGISTER 12 -04 -89 PAGE 17 VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. # MESSAGE PIP PRINTING OUTSIDE PRINTING 30- 4600 - 781 -78 5407 4626 * ** -CKS PLASTIC BAGMART GENERAL SUPPLIES 10- 4504- 507 -50 6381 4485 * ** -CKS PONY EXP RELOADERS GENERAL SUPPLIES 10- 4504- 430 -42 * ** -CKS RENTAL EQUIP & SALES SAW REPAIR 10- 4248 - 644 -64 10845 4655 * ** -CKS RICHFIELD PLUMB CO CONNECTION /GAS MOTOR 27- 1300 - 005 -00 7735 * ** -CKS ROCHESTER MIDLAND GENERAL SUPPLIES 28- 4504 - 704 -70 3623 * ** -CKS RUBENSTEIN & ZIFF CRAFT SUPPLIES 23- 4588 - 611 -61 149986 4326 * ** -CKS SEARS CONSTR BOX 10- 4580 - 301 -30 3813 SEARS TOOL BOX 10- 4580 - 301 -30 3980 * ** -CKS SEELYE PLASTICS REPAIRS 28- 4248 - 704 -70 156520 4275 SEELYE PLASTICS POLY TUBING 40- 4540 - 803 -80 155649 4202 * ** -CKS SHERWIN WILLIAMS MATERIAL 10- 4504 - 343 -30 4236 SHERWIN WILLIAMS MATERIAL 10- 4504 - 646 -64 3930 * ** -CKS SOFTWARE FIRST EQUIP REPLACE 10- 4901 - 470 -47 30198 1989 CITY OF EDINA CHECK NO. DATE * * * * ** 338S34 11/27/ 338534 11/27/ 338S34 11/27/ 338S34 11/27/ 338534 11/27/ 338S34 11/27/ 338534 11/27/ * * * * ** 781.13 * 338S67 11/21/ * * * * ** 3,125.00 * 338S72 11/21 * * * * ** 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S77 11/27 338S78 11/27 338S78 11/21 338S78 11/21 338S78 11/21 338S78 11/21 * * * * ** 338583 11/28 * * * * ** 338S92 11/21 338S92 11/27 * * * * ** AMOUNT 201.93* '?-9* 89 7 73.24 89 8 80.24 89 2 26.34 89 4 43.81 89 4 4.16 89 5 529.33 89 2 24.01 781.13 * 89 3 3,125.00 3,125.00 * CHECK REGISTER VENDOR ITEM DESCRIPTION SOUTHDALE FORD VALVE SOUTHDALE FORD MUFFLER SOUTHDALE FORD HANDLE ASSY SOUTHDALE FORD REG ASY SOUTHDALE FORD VALVEASSY SOUTHDALE FORD TRUCK AXLES SOUTHDALE FORD LAMP ASSY STORE FRONT STREICHERS SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUPERAMERICA HUMAN SERVICES GENERAL SUPPLIES PARTS /LABOR PLATE LAMP FLY WHEEL HOSE HUB CAP ABSOR LENS EMBLEM REPAIR PARTS REPAIRS REPAIRS FITTINGS PARTS GAS /OIL SYSTEM SUPPLY SUPPLIES SYSTEM SUPPLY COMPUTER PAPER 1 12 -04 -89 PAGE 18 ACCOUNT NO. INV. # P.O. # MESSAGE * ** -CKS 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 222546 1666 223711 1666 223614 1666 223485 1666 222406 1666 222676 4503 222762 1666 10- 4201 - 504 -50 112312 10- 4504 - 420 -42 M65985 10- 4248 - 560 -56 92183 10- 4540 - 560 -56 117126 10- 4540 - 560 -56 116907 10- 4540 - 560 -56 116483 10- 4540 - 560 -56 117113 10- 4540 - 560 -56 116580 10- 4540 - 560 -56 116541 10- 4540 - 560 -56 116285 10- 4540 - 560 -56 116354 10- 4540- 646 -64 4581 28- 4248 - 702 -70 4478 28- 4248 - 702 -70 4400 40- 4540 - 803 -80 4254 41- 4504 - 900-90 4201 10- 4612 - 560 -56 10- 4504 - 510 -51 110594 4564 10- 4504 - 510 -51 110751 4631 * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS STORE FRONT STREICHERS SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN CHEVROLET SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUBURBAN PLUMB SUP SUPERAMERICA HUMAN SERVICES GENERAL SUPPLIES PARTS /LABOR PLATE LAMP FLY WHEEL HOSE HUB CAP ABSOR LENS EMBLEM REPAIR PARTS REPAIRS REPAIRS FITTINGS PARTS GAS /OIL SYSTEM SUPPLY SUPPLIES SYSTEM SUPPLY COMPUTER PAPER 1 12 -04 -89 PAGE 18 ACCOUNT NO. INV. # P.O. # MESSAGE * ** -CKS 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 10- 4540 - 560 -56 222546 1666 223711 1666 223614 1666 223485 1666 222406 1666 222676 4503 222762 1666 10- 4201 - 504 -50 112312 10- 4504 - 420 -42 M65985 10- 4248 - 560 -56 92183 10- 4540 - 560 -56 117126 10- 4540 - 560 -56 116907 10- 4540 - 560 -56 116483 10- 4540 - 560 -56 117113 10- 4540 - 560 -56 116580 10- 4540 - 560 -56 116541 10- 4540 - 560 -56 116285 10- 4540 - 560 -56 116354 10- 4540- 646 -64 4581 28- 4248 - 702 -70 4478 28- 4248 - 702 -70 4400 40- 4540 - 803 -80 4254 41- 4504 - 900-90 4201 10- 4612 - 560 -56 10- 4504 - 510 -51 110594 4564 10- 4504 - 510 -51 110751 4631 * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS -4►' .r. 12 -04 -89 PAGE 19 ACCOUNT NO. INV. # P.O. # MESSAGE 27- 4201 - 662 -61 30562 4015 * ** -CKS 10- 4504 - 440 -44 38341 4065 30- 4564 - 783 -78 38679 4569 * ** -CKS 10- 4201 - 644 -64 10- 4208 - 644 -64 * ** -CKS 27- 1300 - 002 -00 735616 4332 * ** -CKS 30- 4504 - 782 -78 033254 4418 40- 4504 - 801 -80 243352 4230 40- 4504 - 803 -80 32983 4261 * ** -CKS 10- 4612 - 560 -56 TI4438 * ** -CKS 23- 4588 - 611 -61 354500 4322 * ** -CKS 28- 4612 - 704 -70 * ** -CKS 10- 4514 - 520 -52 285155 4557 * ** -CKS 27-4248-663-66 10910 4665 * ** -CKS 27- 4208 - 661 -66 4w 1989 CITY OF EDINA CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 338596 11/27/89 80.00 AMY SMITH CLEANING 80.00 * * * * ** 338T11 11/21/89 130.00 TESSMAN SEED & CHEM. SEED 338T11 11/27/89 60.00 TESSMAN SEED & CHEM. CHEMICALS 190.00 * * * * ** 338T13 11/27/89 915.00 TOM HORWATH FORESTRY 338T13 11/27/89 90.00 TOM HORWATH MILEAGE 1,005.00 * * * * ** 338T28 11/21/89 264.83 THOMPSON LUMBER CO. REROOF PROJECT 264.83 * * * * ** 338T40 11/21/89 34.11 TOLL COMPANY GENERAL SUPPLIES 338T40 11/21/89 110.78 TOLL COMPANY WELDING SUPPLIES 338T40 11/21/89 57.04 TOLL COMPANY WELDING SUPPLIES 201.93 * * * * ** 338T53 11/21/89 7,155.16 TRACY OIL GASOLINE 7,155.16 * * * * * ** 338T66 11/21/89 52.44 TRIARCO ARTS & CRAFT CRAFT SUPPLIES 52.44 * * * * * ** 338V10 11/21/89 383.19 VALLEY INDUSTRIAL PROPANE FUEL 383.19 * * * * * ** 338V15 11/21/89 501.85 VAN PAPER CO. PAPER SUPPLIES 501.85 * * * * * ** 338V30 11/28/89 192.54 VANTAGE ELECTRIC ELECTRIC REPAIRS 192.54 * * * * * ** 338W10 11/28/89 68.64 WALKER - MERWIN MILEAGE -4►' .r. 12 -04 -89 PAGE 19 ACCOUNT NO. INV. # P.O. # MESSAGE 27- 4201 - 662 -61 30562 4015 * ** -CKS 10- 4504 - 440 -44 38341 4065 30- 4564 - 783 -78 38679 4569 * ** -CKS 10- 4201 - 644 -64 10- 4208 - 644 -64 * ** -CKS 27- 1300 - 002 -00 735616 4332 * ** -CKS 30- 4504 - 782 -78 033254 4418 40- 4504 - 801 -80 243352 4230 40- 4504 - 803 -80 32983 4261 * ** -CKS 10- 4612 - 560 -56 TI4438 * ** -CKS 23- 4588 - 611 -61 354500 4322 * ** -CKS 28- 4612 - 704 -70 * ** -CKS 10- 4514 - 520 -52 285155 4557 * ** -CKS 27-4248-663-66 10910 4665 * ** -CKS 27- 4208 - 661 -66 4w 1989 CITY OF EDINA CHECK NO. DATE AMOUNT 68.64 CHECK REGISTER VENDOR ITEM DESCRIPTION 12 -04 -89 PAGE 20 ACCOUNT NO. INV. # P.O. # MESSAGE * * * * ** 338W28 11/21/89 297.73 WATER PRODUCTS REPAIR PARTS 40- 4540 - 900 -80 6365 4177 297.73 * * * * * ** 338W71 11/27/89 568.25 WINFIELD DEVEL. R -ENT 10- 4201 - 627 -62 101637 568.25 * * * * * ** 338W81 11/21/89 12.00 WM H MCCOY PROPANE 10- 4504 - 314 -30 5959 2169+ 338W81 11/21/89 9.00 WM H MCCOY PROPANE 10- 4504 - 314 -30 8602 2593 338W81 11/21/89 12.00 WM H MCCOY PROPANE 10- 4504 - 314 -30 07853 2321 338W81 11/21/89 12.00 WM H MCCOY PROPANE 10- 4504 - 314 -30 6601 2251 45.00 * * * * ** 338ZOI 11/28/89 70.00 ZACKS IND CLEANING SUPPLIES 27- 4504- 664 -66 06053 4352 70.00 * * * * ** 338Z14 11/21/89 260.63 ZIEGLER INC CONTRACTED REPAIRS 10- 4248 - 560 -56 4260 338Z14 11/21/89 7.12 ZIEGLER INC PARTS 10- 4540- 560 -56 4232 338Z14 11/21/89 174.51 ZIEGLER INC CYLINDER 10- 4540 - 560 -56 4089 338Z14 11/21/89 37.40 ZIEGLER INC PARTS 10- 4540 - 560 -56 4192 338Z14 11/21/89 167.00 ZIEGLER INC CYLINDER 10- 4540 - 560 -56 3973 646.66 * * * * ** 399Br211/21/89- 55.90 BRAEMAR ..L., -- 42-88 -504-50— * * * * ** REFUND - 40- 38+38- 008 -90- -i o . 8 9-� * * * * ** 209,145.24 ^^^ 142.'6. FUND 10 TOTAL GENERAL FUND 1,245.12 FUND 12 TOTAL COMMUNICATIONS 2,347.08 .2,8+ 98 FUND 23 TOTAL ART CENTER 4,513.96 FUND 27 TOTAL GOLF COURSE FUND 17,068.27 17�8 —. FUND 28 TOTAL RECREATION CENTER FUND 10,792.06 '^v-- 625.29 FUND 30 TOTAL EDINBOROUGH PARK 247,381.48 FUND 40 TOTAL UTILITY FUND 176.54 FUND 41 TOTAL STORM SEWER UTILITY 9,276.52 FUND 50 TOTAL LIQUOR DISPENSARY FUND 325.00 FUND 60 TOTAL CONSTRUCTION FUND * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS * ** -CKS 1989 CITY OF EDINA CHECK REGISTER CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION 5.02,271.27* TOTAL a 12 -04 -89 PAGE 21 ACCOUNT NO. INV. # P.O. # MESSAGE -dw i •